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R-022-15 Upholding the Planning Commission's decision denying the appeal and, upholding the Director's determination (4.7.15)
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R-022-15 Upholding the Planning Commission's decision denying the appeal and, upholding the Director's determination (4.7.15)
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <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 />Colton City Council Resolution No. R-22-15 <br />April 7, 2015 — Page 2 of 5 <br />the M-1/SDA (Light Industrial/Sensitive Development Area Overlay) Zone; <br />SECTION 2. Based on the entire record before the City Council and all written and oral <br />evidence presented, including the staff reports, the City Council affirms the Director's <br />determination based on the following: <br />A. THE Colton Municipal Code Defines "Contractor Storage" and "Pallet Manufacture" <br />as Separate and Distinct Uses. <br />Section 18.04.320 of the Colton Municipal Code defines "light manufacturing" as follows: <br />"18.04.320 Manufacturing, Light. "Light Manufacturing" means industrial <br />plants primarily engaged in manufacturing, compounding, processing, assembling, <br />packaging, treatment or fabrication of Materials and products including concrete <br />batch plants." <br />A contractors' storage yard is not listed as a specific use, but is defined as a "corporation yard" <br />under Title 18, Section 18.04 (Definitions) as follows: <br />"18.04.146 Corporation Yard. "Corporation Yard" means any land or Structure <br />Used primarily for the storage of equipment, Vehicles, machinery, new or Used, <br />Building Materials, paints, pipe or electrical Components Used by the Owner or <br />Occupant of the Premises in the conduct of any Building trades or crafts." <br />The Director determined that the "corporation yard" definition applied to Largo's application <br />since Largo identified their proposed use as a "contractors' storage yard" in its Planning <br />Application Inquiry and then again in the application for a Conditional Use Permit. The original <br />CUP for 240 Congress Street (DCV -77-01) contemplated approval of a pallet manufacturing <br />facility with ancillary storage of pallets and wood products. Indeed, all of the public noticing for <br />the project, the staff report and agenda notice described the use as "pallet manufacturing" and <br />never identified contractor's storage or any other type of storage as the primary use for this <br />property. Thus, the Director determined that the original CUP was for wood pallet manufacturing <br />use (only) and did not contemplate other primary uses. <br />-2- <br />
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