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2 <br />El <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-13-26 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON <br />APPROVING AN ARCHITECTURAL & SITE PLAN REVIEW FOR A <br />474,021 SQUARE FOOT WAREHOUSE BUILDING INCLUDING <br />ANCILLARY OFFICE SPACE, CONDITIONAL USE PERMIT TO ALLOW <br />A BUILDING HEIGHT OF 130 FEET FOR PARCEL 1 BUILDING 1, <br />LOCATED AT 1500 AGUA MANSA ROAD WITHIN THE M-2 (HEAVY <br />INDUSTRIAL) ZONE (FILE INDEX NO: DAP-001-816) <br />WHEREAS, on August 20, 2013 (Resolution No. R-60-13), the City of Colton, as the lead <br />agency under the California Environmental Quality Act ("CEQA"), certified a General Plan <br />Environmental Impact Report ("General Plan EIR") and approved the General Plan on August 20, <br />2013; and <br />WHEREAS, as part of its approval of the General Plan, City adopted Findings of Fact, <br />Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program <br />("MMRP") for the General Plan; and <br />WHEREAS, pursuant to State CEQA Guidelines section 15183, projects which are <br />consistent with the development density established by existing zoning, community plan, or general <br />plan policies for which an EIR was certified shall not require additional environmental review, <br />except as might be necessary to examine whether there are project -specific significant effects which <br />are peculiar to the project or its site; and <br />WHEREAS, an application (File Index No. DAP 001-816) was filed with the City of <br />Colton by Pamela Steele of MIG Inc, (hereinafter "Applicant") for an Architectural & Site Plan <br />Review ) for a warehouse building, Conditional Use Permit to allow a warehouse building of 130 <br />feet in height located in the M-2 (Heavy Industrial) Zones within the Agua Mansa Historic District; <br />and <br />WHEREAS, previously, on June 20 and July 18, 2023, City Council adopted Resolution <br />Nos. R-6-23 and R-73-23, which approved the Tentative Parcel Map No. 20358 and other related <br />project approvals, including Ordinances Nos. 0-06-23 and 0-05-23 and the approval and adoption <br />of the Initial Study/15183 Analysis pursuant to Public Resources Code section 21083.3 and State <br />CEQA Guidelines section 15183 ("15183 Analysis"); and <br />WHEREAS, subsequently, the San Bernardino Superior Court (Case No. CIVS132317228) <br />issued a peremptory writ of mandate, directing the City of Colton to void, vacate, and set aside the <br />approvals set forth in Resolution Nos. R-6-23 and R-73-23, and any other resolutions related to the <br />project, and further directed that prior to City Council taking any action with regard to issuance of <br />any approvals related to Resolution Nos. R-60-23 and R-73-23, the City shall conduct a mitigation <br />analysis as it pertains to operational air quality impacts pursuant to the Court's June 3, 2024 ruling <br />and State CEQA Guidelines section 15183; and <br />