R-019-14 Denying the appeal and Upholding the Planning Commission's decision of an application for a conditional use permit (Largo Concrete)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 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 denial of a proposed project is exempt from the requirements of CEQA as per State CEQA Guidelines sections 15061(b)(4) and 15270; 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: SECTION 1. The Recitals set forth above are true and correct and are incorporated herein by reference. SECTION 2. Based on the entire record before the City Council, all written and oral evidence presented, and the findings made in this Resolution, the City Council hereby denies the Appeal and upholds the decision of the Planning Commission denying the Application. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council cannot make the following required findings in accordance with Colton Municipal Code, Title 18 (Zoning Ordinance), Chapters 18.30 (Sensitive Development Area) and 18.58.060 (Conditional Use Permits) made in this Resolution as follows: 1. That the proposed use is in accord with the General Plan, the objectives of this title, and the purposes of the zone in which the site is located; The proposed concrete contractors' storage yard use is not consistent with the following General Plan Policy Principles and Standards for the "Industrial" Land Use Designation: A. The Colton General Plan Land Use Principles and Standards #C.1 - "Industrial": Industrial uses need to be located in areas compatible with surrounding uses such as adjacent to railroads and freeways; in that the subject property is located in an area in transition where existing railroad right-of-way and railroad infrastructure are in the process of being removed and replaced with asphalt pavement. Removal of the railroad may result in less intensive industrial uses in the future. Therefore, the proposed construction storage yard adjacent to single-family residential neighborhood abutting 1,112 lineal feet along the east property line has been determined by the City Council to be an incompatible use because of semi - truck traffic, flatbed trucks, vehicles, forklifts and other machines used to operate the storage use. The proposed contractor's storage use would also be incompatible with existing Veterans Park and Woodrow Wilson Elementary School located approximately 55' and 630 feet, respectively, to the west and north R-19-14 page 2