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HomeMy WebLinkAbout99-19 - Resolutions RESOLUTION NO. 99-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN EXTENSION OF THE PREVIOUSLY APPROVED DESIGN REVIEW FOR VESTING TRACT NO. 15766 FOR THE DEVELOPMENT OF 264 APARTMENTS ON 22.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT(8-14 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 800 FEET WEST OF VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 227-091-14, 15, and 227-111-12 and 13. A. Recitals. 1. Charles Joseph Associates has filed an application on behalf of the developer, Mark Taylor, Inc., for the extension of the approval of the Design Review for Vesting Tract Map No. 15766, as described in the title of this Resolution. Hereinafter in this Resolution, the subject time extension request is referred to as "the application." 2. On March 5, 1997,the City Council adopted its Resolution No. 97-29,thereby approving Vesting Tentative Tract 15766 and adopting a Mitigated Negative Declaration. 3. On April23, 1997,this Commission adopted its Resolution No.97-21,thereby approving the application subject to specific conditions and time limits. 4. On December 29, 1998, the final map was recorded. 5. On the 23rd day of March 1999, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 6. 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 meeting on March 23, 1999, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The previously approved Design Review is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes and policies; and b. The extension of the Design Review approval will not cause significant inconsistencies with the current General Plan,specific plans,ordinances,plans,codes and policies; and c. The extension of the Design Review approval is not likely to cause public health and safety problems; and PLANNING COMMISSION RESOLUTION NO. 99_19 TE FOR VTT 15766 - MARK TAYLOR, INC. March 23, 1999 Page 2 d. The extension is within the time limits established by State law and local ordinance. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby grants a time extension for: Design Review Applicant Expiration VTT 15766 Mark Taylor Inc. April 23, 2002 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 No.97-21 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. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA c , Larry T. cNiel, Chairman ATTEST: i� Br ,, er, S � 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 23rd day of March 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE