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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 />RESOLUTION NO. R-60-12 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON <br />DENYING THE APPEAL AND UPHOLDING THE PLANNING <br />COMMISSION'S DENIAL OF AN APPLICATION FOR A CONDITIONAL USE <br />PERMIT FOR THE SALE OF BEER & WINE FOR OFF-SITE CONSUMPTION <br />(TYPE 20 ABC LICENSE -OFF -SALE BEER & WINE) AND A PUBLIC <br />CONVENIENCE AND NECESSITY DETERMINATION IN CONJUNCTION <br />WITH A CONVENIENCE RETAIL STORE IN A NEWLY PROPOSED <br />BUILDING LOCATED AT 1089 N. RANCHO AVENUE ON A +/- 0.37 -ACRE <br />SITE AND ZONED C-1 (NEIGHBORHOOD COMMERCIAL) (FILE INDEX NO: <br />DAP -001-002). <br />WHEREAS, Matt Waken for 7 Eleven ("Applicant") filed an application (File Index <br />No. DAP -001-002) requesting approval of a Conditional Use Permit (hereinafter "Project") for <br />the operation of a 2,522 -square foot convenience retail store with the sale of alcohol (Type 20 <br />ABC License -Off -Sale beer & Wine) for off-site consumption and a Determination of Public <br />Convenience and Necessity located at 1089 N. Rancho Avenue on a 0.37 -acre site (hereinafter <br />"Subject Property") and zoned C-1, Neighborhood Commercial; and <br />WHEREAS, the staff report accompanying this Resolution is found to be true, <br />adopted as findings and incorporated in this Resolution; and <br />WHEREAS, the General Plan designation of the subject property is designated on the <br />General Plan Land Use Map as LC — Limited Commercial and zoned C-1, Neighborhood <br />Commercial; and <br />WHEREAS, on June 12, 2012, the Planning Commission conducted a duly noticed <br />public hearing on the Project at which time all persons wishing to testify in connection with <br />the proposed Project were heard, and the Project was comprehensively reviewed and concerns <br />were raised by the public and adjacent property owners. After receiving public testimony and <br />discussion, the Planning Commission continued the item to the June 26, 2012, meeting to <br />allow time for the additional information to be submitted by the Applicant to make a <br />determination; and <br />WHEREAS, on June 26, 2012, the Planning Commission of the City of Colton held a <br />duly noticed public hearing at which time all persons wishing to testify in connection with the <br />application were heard and the Project was fully examined. Following considerable discussion <br />and public testimony regarding the Project, the Planning Commission voted 6 to 0 with 1 <br />abstention to deny the Project and direct staff to return with a Resolution of denial at the July <br />10, 2012 meeting for consideration; and <br />WHEREAS, on July 10, 2012, the Planning Commission voted 6 to 0 with 1 absence <br />to deny the Project and adopt Planning Commission Resolution Number R-18-12. <br />