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RESOLUTION NO. R-83-06 <br />2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF COLTON DENYING THE APPEAL AND UPHOLDING <br />3 THE PLANNING COMMISSION'S DENIAL, WITHOUT <br />PREJUDICE, OF AN APPLICATION FOR A <br />4 MODIFICATION TO A CONDITIONAL USE PERMIT FOR <br />THE INSTALLATION OF A PREFABRICATED 264 S.F. <br />5 METAL BUILDING FOR FILE INDEX NO. DAP -000-546, <br />6 FOR PROPERTY LOCATED AT 790 EAST "M" STREET <br />7 <br />8 WHEREAS, Sims Hugo Neu West (f/k/a Hugo Neu-Proler Company) <br />9 d.b.a. Colton Iron & Metal (the "Applicant") filed an application (File No. DAP -000-2546) <br />10 requesting approval of a modification to an existing Conditional Use Permit to install a <br />I I prefabricated 264 s.f. metal building for use as a "scale house" for weighing scrap metal <br />12 delivered to its business facility ("Application") located at 790 East "M" Street, <br />13 Assessor's Parcel No. 0163-141-18, in the City of Colton, County of San Bernardino <br />14 ("Subject Site"); and <br />15 <br />16 WHEREAS, the original Conditional Use Permit for the Subject Site was <br />17 approved by the Planning Commission on November 28, 1967, and subsequently <br />18 approved by the City Council on December 5, 1967; and <br />19 <br />20 WHEREAS, the scale house was installed on the property prior to the <br />21 presentation of the Application to the Planning Commission, without prior approval of <br />22 the City of Colton ("City") and without building permits; and <br />23 <br />24 WHEREAS, the City Code Enforcement Division issued a notice of <br />25 violation to the Applicant on November 17, 2005; and <br />26 <br />27 WHEREAS, following receipt of the notice of violation from the City Code <br />28 Enforcement Division, the Applicant filed the Application on December 20, 2005; and <br />I <br />