HomeMy WebLinkAbout98-70 - Resolutions RESOLUTION NO. 98-70
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME
EXTENSION REQUEST FOR A PREVIOUSLY APPROVED DESIGN
REVIEW FOR A 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 Design Review for 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 August 26, 1992,the Planning Commission approved Tentative Tract 14162 by the
adoption of Resolution 92-113 and the accompanying Design Review by the adoption of
Resolution 92-113. 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 and Design Review to August 26, 1997. In June of 1997 an application was made and
approved to extend Tentative Tract 14162 and Design Review 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 Design Review is in substantial conformance with the
City's current General Plan, ordinances, plans, codes and policies; and
b. The extension of the Design Review approval will not cause significant
inconsistences with the current General Plan, ordinances, plans, codes and policies; and
c. The extension of the Design Review 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. 98-70
DR FOR TT 14162 - FAN
September 9, 1998
Page 2
3. 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
Design Review for Tanya Fan August 26, 1999
Tentative Tract 14162
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 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 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 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 9TH DAY OF SEPTEMBER 1998.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: l Auje
La McNiel Chairman
' _y
ATTEST ( sst./ ice:
Bra• ? i& S='l!1
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