HomeMy WebLinkAbout98-69 - Resolutions RESOLUTION NO. 98-69
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME
EXTENSION REQUEST FOR A PREVIOUSLY APPROVED SINGLE
FAMILY SUBDIVISION, TENTATIVE TRACT MAP NO. 14162, ON 4.7
ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON
THE SOUTH SIDE OF 19TH STREET AT THE WESTERN CITY LIMIT,
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-021-37.
A. Recitals.
1. Tanya Fan has filed an application for the extension of the approval of Tentative Tract
Map No. 14162, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Tentative Tract Map request is referred to as "the application."
2. On August26, 1992,the Planning Commission approved Tentative Tract 14162 by the
adoption of Resolution 92-112. Amendments to the Subdivision Map Act, by State Senate Bill 428
extended the expiration date to August 26, 1996.
3. In June of 1996 an application was made and approved to extend Tentative Tract
14162 to August 26, 1997. In June of 1997 an application was made and approved to extend
Tentative Tract 14162 to August 26, 1998.
4. On the 9th day of September 1998, 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.
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 public hearing on September 9, 1998, 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 conformance with
the City's current General Plan, ordinances, plans, codes and policies; and
b. The extension of the Tentative Tract Map approval will not cause significant
inconsistences with the current General Plan, ordinances, plans, codes and policies; and
c. The extension of the Tentative Tract Map approval is not likely to cause health
and safety problems; and
d. The extension is within the time limits established by State law and local
ordinance.
PLANNING COMMISSION RESOLUTION NO. 98-69
TE FOR TT14162 - FAN
September 9, 1998
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 judgement 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, and 3 above,
this Commission hereby grants a time extension for:
Proiect Applicant Expiration
Tentative Tract 14162 Tanya Fan August 26, 1999
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby adds the following condition of approval:
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 attorneys 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 applicant of his
obligations under this condition.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 98-69
TE FOR TT14162 - FAN
September 9, 1998
Page 3
APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 1998.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
)24 BY: OA
-rry McN•-I, Chairman
ATTEST: aff(L�i _
Brad Bu' '-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 9th day of September 1998, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MCNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BARKER