R-071-18 Upholding an Appeal of the Planning Commission's Decision (File Index No. DAP-001-447) to Deny a Conditional use permit (Cup) to Establish a Non Res Treatment Facility, Long Term for (2)

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-71-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON UPHOLDING AN APPEAL OF THE PLANNING COMMISSSION'S DECISION (FILE INDEX NO.: DAP-001-447) TO DENY A CONDITIONAL USE PERMIT (CUP) TO DENY CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A NOW MEDICAL STATE LICENSED AND CERTIFIED 10-BED RESIDENTIAL TRATMENT FACILITY, LONG TERM FOR BEHAVIOR DISORDERS AND WHERE NO MEDICAL CARE OR NURSING SERVICES ARE PROVIDED WITHIN AN EXISTING 1,950 SQUARE FOOT RESIDENTIAL HOME LOCATED ON A 7, 202 SQUARE FOOT LOT IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE AND LOCATED AT 1288 VISCONTI DRIVE (FILE INDEX NO: DAP-001-510). WHEREAS, an application (File Index No. DAP 001-447) was filed with the City of Colton by Helping Hearts of California, (hereinafter "Property Owner/ Applicant") for a Conditional Use Permit ("CUP") to establish a non -medical State licensed and certified 10- bed residential treatment facility, long term for behavior disorders and where no medical care or nursing services are provided within an existing 1,950 square foot residential home located on a 7,202 square foot lot in the R-1 (Low Density Residential) Zone and located at 1288 Visconti Drive (hereinafter "Subject Property"); and WHEREAS, on March 27, 2018, the Planning Commission of the City of Colton held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the Application was comprehensively reviewed; and WHEREAS, a staff report was prepared for the application and the Planning Commission found it to be true, adopted as Findings and incorporated in this Resolution; and WHEREAS, on March 27, 2018, the Planning Commission, by a vote of 4-to-3, adopted Planning Commission Resolution No. R-11-18 denying the application; and WHEREAS, a timely appeal by the applicant ("Appellant") of the Planning Commission's denial was received by the City Clerk ("Appeal") consistent with procedures contained in Section 18.58.100 of the Colton Municipal Code; and WHEREAS, on June 5, 2018, and June 19, 2018, the City Council of the City ("City Council") conducted a duly noticed public hearing on the Appeal at which time all persons wishing to testify in connection with the Appeal were heard, and the Appeal was comprehensively reviewed and considered; and WHEREAS, pursuant to the Guidelines for the California Environmental Quality Act ("CEQA"), the proposed project is Categorically Exempt under Article 19, Section 15301 (Existing Facilities), Class 1 of the State CEQA Guidelines; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON: