R-125-16 Upholding an appeal of the Planning Commission's decision (File Index No DAP-001-347) to deny a conditional use permit modification

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the proposed Use complies with each of the applicable provisions of this title; The use conforms with the requirements of the Colton Zoning Code, as conditioned. The subject property is zoned C-2 (General Commercial) which permits on and off - sale alcohol uses, subject to Conditional Use Permit. The C-2 (Neighborhood Commercial) Zone is intended to provide areas for the development of commercial uses to serve the community and to establish those standards of development necessary to insure that such commercial areas will be compatible with adjoining land uses. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council hereby finds that public convenience or necessity would be served by the issuance of the license associated with this Conditional Use Permit and directs the Development Services Director to forward necessary documentation to the State Department of Alcoholic Beverage Control (ABC). SECTION 4. Based on the entire record before the City Council, all written and oral evidence presented, and the findings set forth in Sections 1 and 2 made in this Resolution, the City Council hereby upholds the Appeal, overturns the decision of the Planning Commission denying the application (DAP -001-347) for a Conditional Use Permit, and thereby approves DAP -001-347 SECTION 5. The City Council further finds that the project is exempt from CEQA as provided for Section 15061(b)(4) of the California Environmental Quality Act (CEQA) for any project rejected or disapproved by a public agency. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. SECTION 7. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 20a' day of December, 2016. ATTEST: ROS LINA R. PADILLA `�"—"L City Clerk -3-