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HomeMy WebLinkAbout99-75 - Resolutions RESOLUTION NO. 99-75 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. 14162 FOR THE DEVELOPMENT OF 17 SINGLE FAMILY LOTS 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 the Design Review for Tentative Tract 14162, 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 August 26, 1992, this Commission adopted its Resolution No. 92-113, thereby approving the application subject to specific conditions and time limits. 3. On the July 28, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on July 28, 1999, 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 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 d. The extension is within the time limits established by State law and local ordinance. PLANNING COMMISSION RESOLUTION NO. 99-75 TE FOR DR TT 14162 - FAN July 28, 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 Design Review Applicant Expiration Tentative Tract 14162 Tanya Fan August 26, 2000 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. 92-113 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, 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 28TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 4 any T. lie , Chairman ATTES ' � . i�..��� A�� ' �/ Lawrence J. Hender,, 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: PLANNING COMMISSION RESOLUTION NO. 99-75 TE FOR DRTT14162 - FAN July 28, 1999 Page 3 AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS