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HomeMy WebLinkAbout98-73 - Resolutions RESOLUTION NO. 98-73 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION FORA PREVIOUSLY APPROVED DESIGN REVIEW FOR TENTATIVE TRACT NO. 14509 FOR THE DEVELOPMENT OF 18 SINGLE FAMILY LOTS ON 3.84 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2 TO 4 DWELLING UNITS PER ACRE), LOCATED ON THE EAST SIDE OF HERMOSA AVENUE, BETWEEN WILSON AVENUE AND BANYAN STREET, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 201-183-01. A. Recitals. 1. Inland Cities Corp. has filed an application for a time extension for the approval of the Design Review for Tentative Tract Map No. 14509, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review Time Extension request is referred to as "the application." 2. On April 22, 1992, this Commission adopted its Resolution No. 92-21A, thereby approving, subject to conditions and time limits, the Design Review for Tentative Tract No. 14509. 3. On the August 12, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and referred the Design Review Time Extension request back to the Design Review Committee. 4. On September 1, 1998,the Design Review Committee reviewed the project design. The Committee recommended approval without any changes to the plans approved by the Planning Commission in 1992. 5. On September 23, 1998, the Planning Commission considered the application. 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 the substantial evidence presented to this Commission during the above- referenced meetings on August 12, and September 23, 1998, 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 plan, ordinances, plans, codes, and policies; and PLANNING COMMISSION RESOLUTION NO. 98-73 TE FOR DR FOR TT 14509 - INLAND CITIES CORP. September 23, 1998 Page 2 c. The extension of the Design Review 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. 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 Tentative Tract 14509 Inland Cities Corp. April 22, 1999 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 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 SEPTEMBER 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA / BY:_/l am, )21: g Lary . McNiel, Chairman ATTEST:/, __ _ 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 September 1998, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 98-73 TE FOR DR FOR TT 14509 - INLAND CITIES CORP. September 23, 1998 Page 3 AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE