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Home My WebLink About90-62 - Resolutions RESOLUTION NO. 90-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 90-09 FOR A DAY CARE FACILITY WITHIN AN EXISTING BUILDING PREVIOUSLY APPROVED FOR CHURCH USE TOTALING 16,457 SQUARE FEET ON 2.42 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) , LOCATED AT THE NORTHWEST CORNER OF 19TH STREET AND AMETHYST AVENUE, AND MAKING FINDING IN SUPPORT THEREOF - APN: 201-474-02 AND 03. A. Recitals. ( i) Inland Area Fellowship has filed an application for the issuance of the Conditional Use Permit No. 90-09 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." ( ii ) On December 21 , 1988, the building was designated as a Point of Historic Interest by the City Council . ( iii ) On October 25 , 1989, Inland Area Fellowship was granted Conditional Use Permit No. 89-17 to utilize the existing building as a church. ( iv) On the April 25 , 1990, and continued to May 23, 1990, 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. (v) 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 hearings on April 25 and May 23, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at the northwest corner of 19th Street and Amethyst Avenue with a street frontage of 640 feet and lot depth of 365 feet and is presently improved with an existing building, paved parking areas , curb and gutter; and PLANNING COMMISSION RESOLUTION NO. 90-62 CUP 90-09 - INLAND AREA FELLOWSHIP May 23, 1990 Page 2 (b) The property to the north of the subject site is Senior Citizen Housing, the property to the south of that site consists of single family residences, the property to the east is developed with a Post Office, Fire Station and offices , and the property to the west is single family residences; and (c) The property is zoned "Medium Residential " by the Development Code. (d) The proposed day care facility will operate from 6:30 A.M. to 7:00 P.M. , Monday through Friday, on the first floor of the existing building. (e) Services will be conducted by the approved church on Sundays and Wednesday nights after 7:00 P.M. (f) The application contemplates a day care facility for up to 100 children in addition to the church use previously approved for this site. 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) That 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. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and , further, this Commission hereby issues a Negative Declaration. 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: Planning Division 1) All applicable conditions for Resolution No. 89-139 shall apply. PLANNING COMMISSION RESOLUTION NO. 90-62 CUP 90-09 - INLAND AREA FELLOWSHIP May 23, 1990 Page 3 2) Approval of this request shall not waive compliance with all sections of the Development Code and all other City Ordinances. 3) If the operation of the facility causes adverse • effects upon adjacent businesses or operations , including, but not limited to noise, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 4) Occupancy of the facility for day care use shall not commence until such time as all Uniform Building Code and State Fire Marshall ' s regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to utilization of the building as a day care facility. 5) Any signs proposed for the facility shall be designed in conformance with the Comprehensive Sign Ordinance, and shall require review and approval by the Planning Division prior to installation. 6) Operating hours for day care shall be limited to Monday through Friday, 6:30 A.M. to 7 :00 P.M. , except national holidays , as not to conflict with hours of public assembly (Sundays and after 7:00 P.M. on Wednesday nights) . 7) All outdoor play activities shall be limited to the 7,500 square foot area as deemed appropriate by the Planning Commission. If any safety problems or other adverse effects arise in relation to the placement and size of the outdoor play area, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of use. 8) The outdoor play area shall be secured by a minimum 5-foot high wrought iron fence with pilasters or equivalent that depicts the historic nature of the era in which the building was constructed, as determined by the Design Review Committee. Prior to operation of the day care facility and installation of any play equipment, detailed plans shall be submitted for review and approval of the Design Review Committee. PLANNING COMMISSION RESOLUTION NO. 90-62 CUP 90-09 - INLAND AREA FELLOWSHIP May 23, 1990 Page 4 9) The outdoor play area shall be located in an area immediately north of the building and south of the north drive aisle, with future expansion to the south along the east side of the building. The final location of the play area shall be reviewed in conjunction with the specific design and amenities of the area by the Design Review Committee, prior to using the building for day care activities. 10) Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 months from the date of approval . 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MAY, 1990. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY//i. ._ / ✓ - _ _ Su .=�r Vi - Chairman ATTEST: 4cE`j�f. B ad : Fl Wetary 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 23rd day of May, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, TOLSTOY NOES: COMMISSIONERS: MELCHER ABSENT: COMMISSIONERS: MCNIEL, WEINBERGER