R-029-21 Appeal No. 001-689, Denying the curent version of file index no. DAP-001-378

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Colton City Council Resolution No. R-29-21 May 4, 2021 Page 4 with surrounding uses and existing residential development within the applicable R-1 Zone relative to the size, design and scale of surrounding properties. Further, the proposed subdivision is inconsistent with the R-1 Zones for the same reasons set forth under CMC Section 16.76.010(C), included above, for denial of TTM 18233 under Section 2 of this Resolution. b. The proposed Use, together with the conditions applicable thereto will be Materially injurious to Properties or Improvements in the vicinity. The subdivision design and type of improvements proposed in the TTM 18233 and requiring approval of this CUP are likely to be materially injurious to other properties in the vicinity because of the physical and design inconsistencies, including volume and lot size of the proposed use, with the surrounding neighborhoods. The proposed Use does comply with each of the applicable provisions of this title; The proposed `bluster development" residential subdivision is inconsistent with the cluster development provisions applicable to the R-1 Zone and as contained in the City's Hillside Ordinance, CMC Chapter 18.41 for the same reasons set forth under CMC Section 16.76.010(C), included above, for denial of TTM 18233 under Section 2 of this Resolution. SECTION 4. Based on the entire record before the City Council, all written and oral evidence presented, and the findings set forth in Sections 2 and 3 made in this Resolution, the City Council hereby upholds the Appeal, in part, and overturns the decision of the Planning Commission to approve Tentative Tract Map No. 18233 and the Conditional Use Permit application. SECTION 5. At the discretion of the Applicant, the Applicant is hereby authorized to re- submit a revised sub -application to the Development Services Director (within 60 days of the date of this Resolution) that addresses the comments and concerns expressed during the appeal hearing without paying a new application fee. Such new application shall be reviewed by the Development Services Director for compliance with CEQA and in accordance with the laws, ordinances and policies in effect at the time DAP-001-378 was deemed complete, and a recommendation provided to the City Council at a new noticed public hearing. SECTION 6. The City Council further finds that the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), adopted by the Planning Commission on February 23, 2021, was prepared in compliance with CEQA. Such assessment will be re-evaluated in accordance with the requirements of CEQA upon re -submittal of the revised Application. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. -4-