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2 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-125-16 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />COLTON UPHOLDING AN APPEAL OF THE PLANNING <br />COMMISSSION'S DECISION (FILE INDEX NO.: DAP -001-347) <br />TO DENY A CONDITIONAL USE PERMIT MODIFICATION <br />(CUP) TO ALLOW OFF -SALE ALCHOHOL SALES (TYPE 21) <br />ABC LIQUOR LICENSE TO REPLACE AN EXISTING TYPE 20 <br />LICENSE FOR AN EXISTING GAS STATION/CONVENIENCE <br />MARKET WITH A DRIVE-THRU ON A LOT MEASURING <br />APPROXIMATELY 1.04 ACRES WTININ THE C-2 (GENERAL <br />COMMERCIAL) ZONE LOCATED AT 1703 E. WASHINGTON <br />STREET (FILE INDEX NO: DAP -001-371). <br />WHEREAS, an application (File Index No. DAP 001-347) was filed with the City of <br />Colton by Sergey Vershinin for Shell Circle K Store (hereinafter "Property Owner/ Applicant") for <br />a Conditional Use Permit Modification ("CUP") to allow Off -sale General Alcohol sales (Type 21) <br />ABC liquor license to replace and existing Type 20 license for an existing gas station/convenience <br />market with a drive-thru on a lot measuring approximately 1.04 acres within the C-2 (General <br />Commercial) Zone and located at 1703 E. Washington Street (hereinafter "Subject Property"); and <br />WHEREAS, on October 11, 2016 and on October 25, 2016, the Planning Commission of <br />the City of Colton held a duly noticed public hearing at which time all persons wishing to testify in <br />connection with the application were heard and the Application was comprehensively reviewed; <br />and <br />WHEREAS, a staff report was prepared for the application and the Planning Commission <br />found it to be true, adopted as Findings and incorporated in this Resolution; and <br />WHEREAS, on October 25, 2016, the Planning Commission, by a vote of 5 -to -0, adopted <br />Planning Commission Resolution No. R-37-16 denying the application; and <br />WHEREAS, a timely appeal by the applicant ("Appellant") of the Planning Commission's <br />denial was received by the City Clerk ("Appeal") consistent with procedures contained in Section <br />18.58. 100 of the Colton Municipal Code; and <br />WHEREAS, on December 6, 2016, and December 20, 2016, the City Council of the City <br />("City Council") conducted a duly noticed public hearing on the Appeal at which time all persons <br />wishing to testify in connection with the Appeal were heard, and the Appeal was comprehensively <br />reviewed and considered; and <br />WHEREAS, pursuant to the Guidelines for the California Environmental Quality Act <br />