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HomeMy WebLinkAbout06-59 - Resolutions RESOLUTION NO. 06-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2006-00297 TO OPERATE A DANCE STUDIO AND BANQUET HALL OF 2,652 SQUARE FEET THAT WILL OFFER VARIOUS DANCE RELATED CLASSES, SELL DANCE SUPPLIES, SNACKS, AND WILL HOLD REGULAR CATERED SOCIAL EVENTS, INCLUDING SERVING OF ALCOHOLIC BEVERAGES, IN AN EXISTING INDUSTRIAL BUILDING WHICH IS PART OF A FIVE BUILDING INDUSTRIAL PARK ON 4 ACRES, LOCATED ON THE NORTH SIDE OF MISSION PARK DRIVE BETWEEN RICHMOND PLACE AND BUFFALO AVENUE IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 11),AT 11650 MISSION PARK DRIVE, SUITES 110 AND 111; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-263-54 AND 55. A. Recitals. 1. Lourdes Kreefft filed an application for the issuance of Conditional Use Permit DRC2006-00297, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On June 28, 2006, 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. 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 June 28, 2006, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to uses within an existing five-building industrial complex of about 64,965 square feet on a parcel of about 4 acres, located on the north side of Mission Park Drive between Richmond Place and Buffalo Avenue; and b. The applicant's proposed business is located at 11650 Mission Park Drive, Suites 110 and 111, a leased tenant space; and C. The subject property and all the surrounding properties are zoned General Industrial District; and d. The subject property is bounded by industrial buildings to the north and east and vacant land to the south and west; and PLANNING COMMISSION RESOLUTION NO. 06-59 DRC2006-00297 — LOURDES KREEFFT June 28, 2006 Page 2 e. The application contemplates the operation of a dance studio and banquet facility inside an existing industrial building. They will offer dance lessons and exercise classes to students of all ages. They will also offer catered and non-catered "social dances" on Friday and Sunday evenings for teens and adults, with dance lessons prior to each event, but without alcoholic beverages. The facility will be open for"catered special events family parties"on Saturday evenings from 4 p.m.to 1 a.m.,such as birthday parties, baptisms,weddings,and anniversaries. Food,wine and champagne will be served for these events. The dances and banquets will be accompanied by both a disc jockey playing recorded music and live bands (with up to 6 musicians). The applicant proposes to operate a dance studio of 2,652 square feet that will offer various dance related classes, sell dance supplies, snacks, and will hold regular catered social events; and f. The applicant will operate from 8 a.m.to 10 p.m.,Mondaythrough Thursday;8 a.m. to 1 a.m., Friday and Saturday; and, 9 a.m. to 10 p.m., on Sundays; and g. Staff anticipates that the applicant's business will comply with the performance standards of this development. Interference with the neighboring and future tenants is unlikely because of the low intensity uses of the current tenants. The fact that the zoning district prohibits heavy industrial tenants within this subarea, the applicant's most intense hours of operation will be on weekend evenings, when the majority of other business in the development will be closed. h. The entire development was approved with 170 parking stalls,41 spaces in excess of the required 129 stalls. The parking required for this use is 41 parking spaces based upon a maximum occupancy of 82 persons and two occupants per vehicle. There are approximately 100 parking spaces available within 300 feet of the proposed business. Staff has determined that there is adequate parking for the proposed use. 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 in accord with the General Plan, the objectives of the Development Code and the purposes of the district in which the site is located; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, materially injurious to properties or improvements in the vicinity; and C. The application,which contemplates operation of the proposed use,complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 which covers the permitting and minor alterations of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. Because the project only proposes the permitting of a conditionally permitted use and minor interior alterations, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed PLANNING COMMISSION RESOLUTION NO. 06-59 DRC2006-00297 — LOURDES KREEFFT June 28, 2006 Page 3 the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs 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 conditions set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department: 1) Approval is granted for the establishment of a dance studio and banquet hall in a tenant space of 2,652 square feet within an existing industrial multi-tenant building in the General Industrial District (Subarea 11), located at 11650 Mission Park Drive, Suites 110 and 111. 2) The days and hours of operation shall be 8 a.m. to 10 p.m., Monday through Thursday;8 a.m.to 1 a.m., Friday and Saturday;and,9 a.m.to 10 p.m., on Sundays. 3) Retail sales shall be limited to 122 square feet. 4) The facility shall not exceed a maximum occupancy of 82 persons including participants, staff, musicians and caterers. 5) All business activity shall be conducted entirely within the building 6) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Director for consideration and possible termination of the use. 7) All doors and windows shall remain closed while entertainment is being conducted to provide for greater noise attenuation. This does not include the routine opening and closing of doors to access the facility. 8) Any modification of the operating hours or days or any intensification of the use beyond what is specifically approved by this Conditional Use Permit shall require review and approval by the Planning Director. 9) All signs require the submittal of a Sign Permit application for review and approval by the Planning Director prior to installation. Advertising shall be in conformance with the City's Sign Ordinance. 10) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. PLANNING COMMISSION RESOLUTION NO. 06-59 DRC2006-00297 — LOURDES KREEFFT June 28, 2006 Page 4 11) The applicant shall obtain all the necessary licenses from the Department of Alcoholic Beverage Control. The serving of alcoholic beverages shall be limited to private catered events and banquets. 12) No adult entertainment as defined in Section .17.04.090 of the Rancho Cucamonga Municipal Code is permitted. 13) The business operation shall be brought before the Planning Commission for a progress review in 6 months. Buildinq and Safety Department: 1) Provide required restroom facilities per the California Building Code (CBC)Appendix Chapter 29. 2) All exiting must comply with the requirements'of CBC Chapter 10 (adjoining rooms, rated corridors, door swings, separation of exits, etc.). Rancho Cucamonga Fire Protection District: 1) A Change of Occupancy Plan is required to be submitted to Building and Safety for the evaluation of the proposed use in the existing commercial/industrial building. Some of the issues that must be addressed include (but are not limited to): California Disabled Accessibility Guidelines to buildings and facilities (such as restrooms and parking,) mix occupancy allowable area ratios, area separation walls, maximum occupant loads, type of doors, swing of doors, panic hardware, exit signs, emergency illumination, aisle widths and direct exiting criteria. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. . APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2006. PLANNING O ISSION OF HE CITY OF RANCHO CUCAMONGA BY: Pam Ster#lirman ATTEST: R Ja I s R. Troyer, Secretary I, James R. Troyer, 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 June 2006. PLANNING COMMISSION RESOLUTION NO. 06-59 DRC2006-00297 — LOURDES KREEFFT June 28, 2006 Page 5 AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2006-00297 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: LOURDES KREEFFT LOCATION: 11650 MISSION PARK DRIVE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its --L—i-- agents, /_/_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 applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No.06-59, Standard Conditions, 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. B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. 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, Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the City Planner. 1 Project No.DRC2006-00297 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) D. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets,detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; I. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number DRC2006-00297 clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. E. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number DRC2006-00297. The applicant shall comply with the latest adopted California Codes,and all other applicable codes,ordinances,and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee,Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 2 Project No.DRC2006-00297 Completion Date 3. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_J_ through Saturday, with no construction on Sunday or holidays. F. Existing Structures 1. Provide compliance with the California Building Code (CBC) for the property line clearances considering use, area, and fire-resistiveness of existing buildings. 2. Due to the scope of the project, an Occupancy Change review is required. Submit plans to the Building and Safety Department to determine compliance for the proposed use. 3. Upon tenant improvement plan check submittal, additional requirements may be required. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 3 Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS May 25, 2006 Come Dance with Me 11650 Mission Drive Suite 110-111 Dance Studio/ Banquet Facility DRC2006-00297 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. A CHANGE OF OCCUPANCY plan is required to be submitted to Building & Safety for the evaluation of the proposed use in the existing residential or commercial/industrial building. Some of the issues that must be addressed include (but are not limited to): California Disabled Accessibility Guidelines to buildings and facilities (such as restrooms and parking,) mix occupancy allowable area ratios, area separation walls, maximum occupant loads, type of doors, swing of doors, panic hardware, exit signs, emergency illumination, aisle widths and direct exiting criteria.