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HomeMy WebLinkAbout99-78 - Resolutions RESOLUTION NO. 99-78 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHOCUCAMONGA,CALIFORNIA APPROVING A TIME EXTENSION FOR TENTATIVE PARCEL MAP NUMBER 15044, A SUBDIVISION OF 11.75 ACRES INTO 11 PARCELS IN THE COMMUNITY COMMERCIAL DESIGNATION OF SUBAREA 7 OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD BETWEEN SPRUCE AVENUE AND ELM AVENUE — APN: 208-352-63 THROUGH 69 A. Recitals. 1. Foothill Properties, LLC has filed an application for the extension of the approval of Tentative Parcel Map 15044, 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 August 27, 1997, this Commission adopted its Resolution No. 97-51, thereby approving, subject to specific conditions and time limits, Tentative Parcel Map 15044. 3. On May 28, 1999, the applicant filed a request for a time extension. 4. On July 28, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 5. 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 July 28, 1999, including written and oral staff reports, this Commission hereby specifically finds as follows. a. The previously approved Tentative Parcel 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 Parcel 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 Parcel 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. 99-78 TIME EXTENSION FOR PM 15044 July 28, 1999 Page 2 e. The project was granted an initial approval period of two years. Subsequently, the City Council adopted its Ordinance No. 596, which established an approval period of five years; hence, the project may be extended for up to three years through a two-year extension and one subsequent one-year extension; 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 753.5c 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 and 2 above, this Commission hereby grants a time extension for Project Applicant Expiration Tentative Parcel Map 15044 Foothill Properties, LLC August 27, 2001 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �� a / / L .5 wr La T. Mc/ airman PLANNING COMMISSION RESOLUTION NO. 99-78 TIME EXTENSION FOR PM 15044 July 28, 1999 Page 3 ka- --/ ATTES - '�_... Lawrence J. Henderso•, AICP, Acting Secretary I, Lawrence J. Henderson, AICP, Acting 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 28th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS ABSTAIN: COMMISSIONERS: MANNERINO