1997 AGN NOV 18 I24 - Laserfiche WebLink

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CITY OF COLTON DI IDU TE AGENDA REPORT A FOR COUNCIL MEETING OF NOVEMBER 4, 1997 TO: Honorable Mayor and City Council APPROVAL: Len Wood, Interim City Manager FROM: David R. Zamora, Community Development Director SUBJECT: Appeal of Planning Commission's Decision to Deny File Index Number D-24-97, Union Pacific Railroad DATE: October 27, 1997 BACKGROUND: On August 12, 1997, a public hearing was held by the Planning Commission to consider the request of Union Pacific Railroad to vacate the intersection of 6th and "K" Street, to allow Union Pacific Railroad to construct new railroad track that will connect the existing northbound Burlington Northern Santa Fe track to the existing eastbound Southern Pacific track, and to grant an environmental determination for a Negative Declaration. The public hearing was continued to September 23, 1997, and later to October 14, 1997. In the interim, Union Pacific Railroad representatives met with City staff and residents residing in the vicinity of the proposed project. Mitigation measures were developed, satisfactorily addressing the concerns raised by all involved parties, and the project was deemed acceptable. However, at the October 14th Planning Commission Meeting, after hearing public comment regarding the outcome of the community meetings, the Planning Commission denied the request, due to health and safety reasons. On October 15, 1997, the applicant was no in writing, of this decision, and of their right to appeal the decision to City Council. On October 20, 1997, the applicant filed an appeal with the City Clerk's Office, to be placed on the November 4, 1997, City Council Agenda. DISCUSSION/ANALYSIS: On July 7, 1997, the Design Review Committee reviewed this project. Comments were received from the City Engineer, the Public Works Department, the Electric Department, and the Water/Wastewater Division of the City of Colton. Their conditions have been included in the Conditions of Approval. The Design Review Committee determined that the project would not have a significant negative effect on the environment, and recommended approval of the Street Vacation and the finding for a Negative Declaration. The Design Review Committee also recommended to the Planning Commission that they approve the project and direct staff to file the Negative Declaration. The General Plan does not address the topic of street vacation, nor is this activity assigned to the authority of its implementing document, the Zoning Ordinance. Therefore, it is staffs opinion that the project does not conflict with the guidelines of the General Plan. Item # 24