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R-029-21 Appeal No. 001-689, Denying the curent version of file index no. DAP-001-378
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R-029-21 Appeal No. 001-689, Denying the curent version of file index no. DAP-001-378
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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-29-21 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON UPHOLDING <br />IN PART, APPEAL NO.001-689, DENYING THE CURRENT VERSION OF FILE INDEX <br />NO.: DAP-001-378, A TENTATIVE TRACT MAP AND CONDITIONAL USE PERMIT <br />FOR THE PROPOSED DEVELOPMENT OF 86 DETACHED SINGLE-FAMILY LOTS <br />ON A 49.39-ACRE PROPERTY LOCATED SOUTH OF LITTON AVENUE, WEST OF <br />BOSTICK AVENUE AND NORTH OF PALM AVENUE IN THE CITY OF COLTON AND <br />RETAINING JURISDICTION TO REVIEW AND CONSIDER A REVISED VERSION OF <br />DAP-001-378 <br />WHEREAS, an application (File Index No. DAP 001-378) was filed with the City of <br />Colton, California for a (1) Tentative Tract Map No. 18233; and (2) Conditional Use Permit (CUP) <br />for an 86-lot hillside residential subdivision on a 49.39-acre property located south of Litton <br />Avenue, west of Bostick Avenue and north of Palm Avenue (Assessor's Parcel Nos. 0163-351- <br />25-0000, 0163-351-28-0000, 0275-071-15-0000, 0275-081-01-0000, 0275-081-02-0000) <br />(hereinafter "Subject Site') zoned R-1 (Low Density Residential) and VL (Very Low Density <br />Residential); and <br />WHEREAS, on February 23, 2021, the Planning Commission of the City of Colton held a <br />duly noticed public hearing (continued from January 26, 2021) at which time all persons wishing <br />to testify in connection with the application were heard and the Application was comprehensively <br />reviewed; and <br />WHEREAS, a staff report was prepared for the applications and the Planning Commission <br />found it to be true, adopted as Findings and incorporated in a Resolution; and <br />WHEREAS, the Planning Commission, by a vote of 4-to-2, adopted Planning Commission <br />Resolution No. R-08-21 approving File Index No. DAP 001-378; and <br />WHEREAS, a timely Appeal (File Index No. DAP-001-689) was filed by Richard J. <br />Zaragoza, on behalf of the La Loma Hills Alliance ("Appellant") of the Planning Commission's <br />action was received by the City Clerk ("Appeal") consistent with procedures contained in Section <br />18.58.100 of the Colton Municipal Code; and <br />WHEREAS, on April 6, 2021, the City Council of the City ("City Council") conducted a <br />duly noticed public hearing on the Appeal at which time all persons wishing to testify in connection <br />with the Appeal were heard, and the Appeal was comprehensively reviewed and considered; and <br />WHEREAS, the City Council determined, following the duly noticed public hearing on <br />April 6, 2021 that the application for Tentative Tract Map No. 18233 and Conditional Use Permit <br />(DAP-001-378) should be upheld and denied (in part) for inconsistency with the City's General <br />Plan and Zoning Ordinance (City's Hillside Development Ordinance), but that the City Council <br />should allow the Applicant to redesign the Project and retain jurisdiction to consider such redesign; <br />and <br />WHEREAS, the City Council has authorized the Applicant to re -submit any revised <br />
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