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HomeMy WebLinkAbout99-10 - Resolutions RESOLUTION NO. 99-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF . RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR EXTENSION OF THE PREVIOUSLY APPROVED VARIANCE NO.91-11 TO REDUCE THE REQUIRED REAR LOT DEPTH FROM 90 TO 65 FEET FOR ONE LOT WITHIN A PROPOSED 20 LOT SUBDIVISION 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 Variance 91-11, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance time extension request is referred to as "the application." 2. On December 9, 1992, this Commission adopted its Resolution No. 92-149, thereby approving, subject to specific conditions and time limits, Variance 91-11. 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 Variance is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes and policies; and b. The extension of the Variance approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes and policies; and c. The extension of the Variance 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. 99-10 VAR 91-11 - LEE January 27, 1999 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: Application Applicant Expiration Variance 91-11 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. 92-149 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 COM∎ ISSION OF THE CITY OF RANCHO CUCAMONGA BY: r _a Larry . McNiel, Chairman ATTEST: i!� r f'uller, ecret- 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