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HomeMy WebLinkAbout00-16 - Resolutions RESOLUTION NO. 00-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION OF CONDITIONAL USE PERMIT 97-33, THE ADDITION OF AN 18,844 SQUARE FOOT METAL BUILDING TO AN EXISTING 33,820 SQUARE FOOT METAL BUILDING ON 3.64 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 3) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 8814 INDUSTRIAL LANE — APN: 209-032-30, 31, AND 32. A. Recitals. 1. Larry Sears has filed an application to request a time extension of the approval of Conditional Use Permit 97-33, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 26th day of January 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on January 26, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Conditional Use Permit is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Conditional Use Permit approval will not cause significant inconsistencies with the current General Plan, specific plan, ordinances, plans, codes, and policies; and C. The extension of the Conditional Use Permit approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State Law and local ordinances. 3. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby grants a time extension for: Application Applicant Expiration CUP 97-33 Goodyear Rubber Co. January 14, 2003 PLANNING COMMISSION RESOLUTION NO. 00-16 CUP 97-33 TIME EXTENSION — GOODYEAR RUBBER CO. January 26, 2000 Page 2 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies the conditions of approval contained in Resolution 98-01, incorporated herein by this reference, to add the following paragraphs: Planning Division 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, offices, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agent, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2) The applicant is hereby notified that no further time extensions are allowed under Development Code Section 17.02.100. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 2kel"d arty T. cNiel, Chairman ATTEST: Brad orf creta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 26th day of January 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE