2008 RES R-11-08 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 K c1: 21 22 23 24 25 26 27 28 received testimony from persons wishing to testify in connection with the Application, and the Application was comprehensively reviewed; and WHEREAS, the Planning Commission approved the Application by a vote of 6 in favor and 0 opposed; and WHEREAS, on December 18, 2007 and February 19, 2008, the City Council of the City ("City Council") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard, and the Application was comprehensively reviewed and considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The Recitals set forth above are true and correct and are incorporated herein by reference. In addition, the City Council finds that the Application is consistent with the City of Colton General Plan and Zoning Ordinance. The approximate 1.95 -acre project Subject Site is designated "High Density Residential" in the City's General Plan. It is also zoned R-3 (Multiple -Family Residential) on the City Zoning Map. While the Project exceeds these density factors, the density is permitted by virtue of the fact that the Applicant will make all of the units available to low-income households at an affordable rent. Under California law (Government Code, Section 65915) whenever an applicant makes a percentage of units available for rent or sale to low-income households, they are entitled to additional density in the project. Further, development of this Project will assist the City in meeting its housing goals as defined in the City's Housing Element and Redevelopment Plans. SECTION 2. Based on the entire record before the City Council, all written and oral evidence presented, and the findings made in this Resolution, the City Council hereby approves File Index No. DAP (REVISED) -000-668 subject to all conditions of approval, including recordation of the Density Bonus and Regulatory Covenant. SECTION 3. California Government Code Section 65915 provides that a city cannot apply any development standard that will have the effect of precluding the construction of a density bonus project at the densities proposed. In such cases, the city must waive or modify the suggested standard unless such a waiver would have a specific, adverse impact upon health, safety or the physical environment. The City ORANGE\MMARTNEZ\42366.1 - 2 -