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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <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-69-02 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />COLTON, CALIFORNIA, OVERTURNING THE PLANNING <br />COMMISSION'S DENIAL OF FILE INDEX NUMBER DCV -93-01 <br />AND APPROVING A MAJOR VARIANCE, CONDITIONAL USE <br />PERMIT, DESIGN REVIEW APPLICATION, MITIGATED NEGATIVE <br />DECLARATION AND MITIGATION MONITORING AND <br />REPORTING PROGRAM FOR A PROPOSED JACK-IN-THE-BOX <br />DRIVE-THROUGH RESTAURANT LOCATED ON THE EAST SIDE <br />OF IOWA AVENUE, SOUTH OF LA CADENA DRIVE (AP NOS. 167- <br />111-11, 12 AND 13) <br />WHEREAS, Jack-in-the-Box Inc. ("Applicant")filed applications fora Major Variance, <br />Conditional Use Permit and Design Review ("File Index No. DCV -93-01 ") to permit construction of a <br />drive-through fast food restaurant with less than required parking ("Application") on property located <br />on the east side of Iowa Avenue, south of La Cadena Drive (APN 167-111-11, 12 and 13) ("Project <br />Site"); and <br />WHEREAS, the Application was referred to all affected public agencies; and <br />WHEREAS, the City of Colton Planning Commission (the "Planning Commission") <br />held a public hearing on April 9, 2002, after giving published notice of the proposed Application, and <br />denied the Application; and <br />WHEREAS, on April 17, 2002, the Applicant filed a timely appeal of the Planning <br />Commission's denial of the Application with the Colton Community Development Department; and <br />WHEREAS, on June 4, 2002 the Application was subsequently reviewed and studied <br />by the Colton City Council and was determined to be consistent with the City's adopted General <br />Plan and the requirements of the Colton Municipal Code; and <br />WHEREAS, the Application was reviewed, studied, and found to comply with the <br />California Environmental Quality Act ("CEQA") as more fully described below; and <br />occurred. <br />WHEREAS, all other legal prerequisites to the adoption of this Resolution have <br />BE IT NOW THEREFORE RESOLVED AS FOLLOWS: <br />SECTION 1. Approval of Application. Based on the entire record before the City <br />Council and all written and oral evidence presented, including the staff report, and subject to the <br />conditions of approval attached hereto as Exhibit "A," the City Council hereby overturns the <br />RV PUB\NGS\634062 <br />-1- <br />