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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 />27 <br />28 <br />RESOLUTION NO. R-129-04 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />COLTON DENYING THE APPEAL AND UPHOLDING THE <br />PLANNING COMMISSION'S APPROVAL OF AN AMENDMENT <br />TO AN EXISTING CONDITIONAL USE PERMIT TO (1) PERMIT <br />THE INSTALLATION AND OPERATION OF A METAL <br />SHREDDER AS AN EXPANSION TO AN EXISTING SCRAP <br />METAL FACILITY; (2) THE CONSTRUCTION OF AN <br />APPROXIMATE 30' X 250' METAL BUILDING; AND (3) AN <br />INCREASE IN THE VOLUME OF RAILROAD TRANSLOADING <br />OCCURRING ON PROPERTY GENERALLY LOCATED AT 785 <br />EAST M STREET; AND APPROVAL OF A MAJOR VARIANCE TO <br />PERMIT CONSTRUCTION OF AN OVER HEIGHT WALL ON THE <br />SOUTHERLY PORTION OF THE PROPERTY: FILE INDEX NO. <br />D-55-01 <br />WHEREAS, an application was filed by Pacific Rail Industries to amend an <br />approved conditional use permit for the purpose of permitting (1) the installation and operation of <br />a metal shredder as an expansion to an existing scrap metal facility; (2) the construction of an <br />approximate 30' X 250" metal building; (3) an increase in the volume of railroad transloading <br />and (4) a major variance to permit the construction of an overheight wall (south property line) <br />(collectively the "Applications" or "Project") on property generally located at 785 East M Street <br />("Subject Site"); and <br />WHEREAS, the Applications were referred to all affected public agencies for <br />review and consideration; and <br />WHEREAS, the Applications were reviewed, studied, and found to be consistent <br />with the City's adopted General Plan; and <br />WHEREAS, on March 9, 2004, March 23, 2004, August 24, 2004, September 28, <br />2004 and October 12, 2004, the Planning Commission of the City of Colton ("Planning <br />Commission") conducted duly noticed public hearing workshops and public hearings on the <br />Applications at which time all persons wishing to testify in connection with the proposed <br />Applications were heard, and the Applications were comprehensively reviewed; and <br />WHEREAS, in order to assess the environmental impacts of the Project, an <br />environmental impact report (EIR) was prepared in compliance with the California Environmental <br />Quality Act and the City's Local CEQA Guidelines, and made available for public review for a <br />total of 59 days; and <br />WHEREAS, the Planning Commission considered the information contained in <br />the EIR and mitigation monitoring and reporting program prepared for the Applications in <br />compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, <br />including the initial study and comments received during the public review period and comments <br />received after the review period had closed; and <br />WHEREAS, at the October 12, 2004 Planning Commission meeting, the <br />Commission adopted Resolution No. R-10-04 certifying the Environmental Impact Report for the <br />Project and the adopted Resolution No. R-11-04 approving the Project; and <br />RVPUBWIXIM684167.1 - 1 - <br />