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HomeMy WebLinkAbout99-74 - Resolutions RESOLUTION NO. 99-74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE EXTENSION OF PREVIOUSLY APPROVED TENTATIVE TRACT MAP NO. 14162, AND MODIFYING THE CONDITIONS OF APPROVAL THEREOF, FOR THE DEVELOPMENT OF 17 UNITS ON 4.7 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT(2-4 DWELLING UNITS PER ACRE), 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 Time Extension request is referred to as "the application." 2. On August 26, 1992, this Commission adopted its Resolution No. 92-112, thereby approving the application subject to specific conditions and time limits. 3. On July 28, 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 July 28, 1999, 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 compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Tentative Tract Map approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Tentative Tract Map approval is not likely to cause public health and safety problems; and PLANNING COMMISSION RESOLUTION NO. 99-74 TE FOR TT MAP 14162 - FAN July 28, 1999 Page 2 d. The extension is within the time limits established by State law and local ordinance. 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 judgment 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 753.5c 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 Tentative Tract Applicant Expiration Tentative Tract 14162 Tanya Fan August 26, 2000 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies the conditions of approval contained in Resolution No. 92-112 and the Standard Conditions, and incorporated herein by this reference, to add the following: 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, PLANNING COMMISSION RESOLUTION NO. 99-74 TE FOR TT MAP 14162 - FAN July 28, 1999 Page 3 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. Engineering Division 1) The developer shall process a lot line adjustment as necessary to ensure that the property line configuration of Lot 47 of Tract 8507 does not change from its current configuration. The lot line adjustment shall occur concurrent with the vacation of existing Hamilton Street right of way, to the satisfaction of the property owner. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: at,s_-cR j &"L. ry T. or Chairman ATTEST.HZt Lawrence J. Renders , AICP, Acting Secretary I, Lawrence J. Henderson, AICP, Acting 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 28th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: - MACIAS