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HomeMy WebLinkAbout99-08 - Resolutions RESOLUTION NO. 99-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN EXTENSION OF THE PREVIOUSLY APPROVED TENTATIVE TRACT MAP NO. 14405 FOR THE DEVELOPMENT OF 20 SINGLE FAMILY LOTS ON 4.39 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF SAN BERNARDINO ROAD, EAST OF VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-091-08. A. Recitals. 1. Jeff Lee has filed an application for the extension of the approval of Tentative Tract Map No. 14405, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map time extension request is referred to as "the application." 2. On December 9, 1992, this Commission adopted its Resolution No. 92-147, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 14405. 3. On the 27th day of January 1999, 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. 4. 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 27, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Tract Map is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes and policies; and b. The extension of the Tentative Tract Map approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Tentative Tract Map 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 ordinance. PLANNING COMMISSION RESOLUTION NO. 99-08 TT 14405 - LEE January 27, 1999 Page 2 3. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further,based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby grants a time extension for Tentative Tract Applicant Expiration 14405 Jeff Lee December 9, 1999 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies the conditions of approval contained in Resolution No. 92-147 and the Standard Conditions, attached thereto and incorporated herein by this reference, to read as follows: Planning Division 1) The applicant shall agree to defend, at his sole expense, any action brought against the City, its agents, officers, 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 agents, 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 the applicant of his obligations under this condition. PLANNING COMMISSION RESOLUTION NO. 99-08 TT 14405 - LEE January 27, 1999 Page 3 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JANUARY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: at . L. any T. Niel, Chairman ATTEST: 1 ∎11416r Bra.' i - 7i-,Sera-.y 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 27th day of January 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY