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HomeMy WebLinkAbout99-09 - Resolutions RESOLUTION NO. 99-09 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 TENTATIVE TRACT NO. 14405 FOR THE DEVELOPMENT OF 20 SINGLE FAMILY LOTS ON 4.39 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF SAN BERNARDINO ROAD, EAST OF VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 208-091-08. A. Recitals. 1. Jeff Lee has filed an application for the extension of the approval of the Design Review for Tentative Tract Map No. 14405, 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 December 9, 1992, this Commission adopted its Resolution No. 92-148, thereby approving, subject to specific conditions and time limits, the Design Review for Tentative Tract No. 14405. 3. On the 27th day of January 1999, 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. 4. 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 January 27, 1999, 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 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. 99-09 DR FOR TT 14405 - LEE January 27, 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 Tentative Tract 14405 Jeff Lee December 9, 1999 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. 92-148 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 27TH DAY OF JANUARY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �I 1flaN ° )29-�v j any T. M' Niel, Chairman ATTEST: . Brad may ecr=ta • PLANNING COMMISSION RESOLUTION NO. 99-09 DR FOR TT 14405 - LEE January 27, 1999 Page 3 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 27th day of January 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY