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HomeMy WebLinkAboutReso 24-02RESOLUTION NO. 24-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2021-00332, A REQUEST TO ESTABLISH A SPECIALIZED EDUCATION AND TRAINING SCHOOL FOR A MUSIC SCHOOL IN AN EXISTING INDUSTRIAL BUILDING WITHIN THE NEO-INDUSTRIAL (NI) ZONE, LOCATED ON THE NORTHEAST CORNER OF 7TH STREET AND HELLMAN AVENUE AT 9350 7TH STREET, UNITS B & C; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-171-57. A. Recitals. 1. The Applicant, Rockstars of Tomorrow, filed an application for Conditional Use Permit DRC2021-00332, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 24th day of January 2024, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. 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 public hearing on January 24, 2024, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site consists of approximately 18.94 acres of developed land and is located on the northeast corner of 71h Street and Hellman Avenue; and b. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: PLANNING COMMISSION RESOLUTION NO. 24-02 DRC2021-00332 ROCKSTARS OF TOMORROW JANUARY 24, 2024 Page 2 Land Use General Plan Zoning Site Industrial/Offices Neo Industrial Neo Industrial (NI) Employment District Single -Family Industrial Employment North Residential (Existing District Industrial Employment (IE) non -conforming) Single -Family Suburban South Residential Neighborhood Very Low Residential (L) Low East Industrial/Offices Neo Industrial Neo Industrial (NI) Employment District West Industrial/Offices Neo Industrial Neo Industrial (NI) Employment District 3. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is consistent with the general plan designation, Neo-Industrial Employment (NI) District, which encourages low industrial uses with minimal impact and to support the growth of creative and new businesses. The site is developed with an existing industrial building, parking, and landscaping. A specialized education and training school will have minimal impact on adjacent uses and properties and authorizing the use will support the growth of an existing business. The proposed used is consistent with the general plan. b. The proposed use is consistent with the purposes of the Development Code and purposes of the applicable zone as well as any applicable specific plans or city regulations and standards. A specialized education and training school is allowed in the Neo-Industrial (NI) Zone upon the approval of a Conditional Use Permit. The use is consistent with the zoning designation and development code in that the use does not propose any expansions or modifications which will not result in any new development and remains consistentwith its current development pattern. The Development Code does not have specific regulations or standards to apply to the operations of a specialized education and training school. The site is not subject to any specific plans. C. The site is suitable for the type, density, and intensity of the proposed use. The site is improved with an existing industrial building including access and circulation, parking, structures, utilities, and landscaping. No changes are proposed to the site except for associated tenant improvements and signage which may be proposed under a separate permit. No additional physical constraints have been added that may impede the operation of the existing surrounding land use nor the proposed land use. Therefore, the project site is well -suited for the proposed use. d. The design, location, size and operating characteristics of the proposed use would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities. The specialized education and training school will operate entirely within an existing building and will not operate beyond the project parcel nor onto the property of adjacent uses. The intensity of the use is not expected to exceed the intensity of adjacent uses. e. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The scale and operation of the use will not negatively impact the PLANNING COMMISSION RESOLUTION NO. 24-02 DRC2021-00332 ROCKSTARS OF TOMORROW JANUARY 24, 2024 Page 3 normal operations of any of these surrounding uses. The proposed use has been conditioned to meet performance criteria, safety standards, maintenance standards and all other Municipal Code standards to mitigate any potential impact related to the specialized education and training school. f. The proposed use will not pose an undue burden on city services, including police, fire, streets, and other public utilities, such that the city is unable to maintain its current level of service due to the use. The use does not pose any undue burdens in that it will occupy an existing tenant space which will not require additional service from streets and utilities. The use does not authorize any operations which may result in additional service requests from Fire or Police that are not normally associated with similar adjacent existing uses. 4. The Planning and Economic Development Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA). The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities Projects which includes leasing of existing private structures and facilities. The Conditional Use Permit will authorize the use of a specialized education and training school within an existing structure. The General Plan Land Use and Zoning designation for the project site are Neo-Industrial Employment District and Neo-Industrial zone, respectively, which permits the operation of a specialized education and training school of the proposed size and configuration with a Conditional Use Permit. The project complies with the City's development standards and design guidelines, including setbacks, height, lot coverage, and design requirements. The project site is located within the City limits and is surrounded by existing industrial development and City infrastructure. The Planning Commission has reviewed the Planning and Economic Development Department's determination of exemption, and based on its own independent judgement, concurs in the staff determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2024. PLANNING COMMISS.=LOF THE CITY OF RANCHO CUCAMONGA BY: "\ Bryan opp, Chairman ATTEST: Matt Ma qu , S retary PLANNING COMMISSION RESOLUTION NO. 24-02 DRC2021-00332 ROCKSTARS OF TOMORROW JANUARY 24, 2024 Page 4 I, Matt Marquez, 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 24th day of January 2024, by the following vote -to -wit: AYES: COMMISSIONERS: MORALES, BOLING, DANIELS, DIAZ, DOPP NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: RECUSE: COMMISSIONERS: l 1 RANCHO C.UCAMONCA Conditions of Approval Community Development Department Revised 1 /24/24 Project #: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Academy Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. The Conditional Use Permit authorizes a specialized education and training facility for a music school within an existing tenant space within the Neo-Industrial (NI) Zone, located on the northeast corner of 7th Street and Hellman Avenue within the Golden West Business Park at 9350 7th Street, Units B & C; APN: 0209-171-57. 2. The Conditional Use Permit authorizes a specialized education and training facility to provide private lessons and training. Operating hours are limited to the hours of 3:00 pm — 8:00 pm Monday through Thursday, 2:00 pm — 6:00 pm on Friday, 9:00 am — 3:00 pm on Saturday, and closed on Sunday. No outdoor activity is authorized with this Conditional Use Permit. Any deviation from the authorized use and/or hours of operation is subject to enforcement and possible revocation of the Conditional Use Permit. 3. The Conditional Use Permit does not authorize any live entertainment. Any request shall be made in writing to the Planning and Economic Development Department and may require the application and approval of an entertainment permit pursuant to section 17.16.170 of the Development Code. 4. Use of the site shall not exceed occupancy limits as set forth by the Fire Department. 5. Promotional material on social media platforms shall reflect the authorized hours of operation Standard Conditions of Approval 6. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. w ,CityofRC.us Printed. 1/24/2024 Project #: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Academy Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Deuartment Standard Conditions of Approval 7. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to this approval, the Planning Director's actions, the Planning Commission's actions, and/or the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 8. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 9. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption ,fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 10. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. www.CiryofRC.us Printed: 1/24/2024 Page 2 of 4 Project #: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Academy Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 11. Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days/hours; change in the location on -site or within the building of the use/activity that is approved by this Conditional Use Permit; improvements including new building construction, and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. 12. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 13. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 14. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. Fire Prevention / New Construction Unit Standard Conditions of Approval 1. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 2. Fire extinguishers are required in accordance with Section 906 of the California Fire Code. Consult with the Fire Inspector for the correct type, size, and exact installation locations. 3. Fire sprinklers are required to be installed in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 4. Storage of certain combustible commodities and/or business supplies in excess of threshold amounts requires a permit from the Fire District. Please contact the Fire District at 909-477-2770 or RCFire@CityofRC.us to discuss the storage operations for this business. 5. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. www.cityofRc.us Printed: 1/24/2024 Page 3 of 4 Project#: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval 6. Street address and unit/suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. www.cityofRC.us Printed-. 1/24/2024 Page 4 of 4