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HomeMy WebLinkAbout91-24 - Resolutions RESOLUTION NO. 91-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 90-44 FOR A PERFORMING ARTS SCHOOL IN A LEASED SPACE OF 5,988 SQUARE FEET WITHIN AN EXISTING COMMERCIAL CENTER, LOCATED AT 7965 VINEYARD AVENUE, F8-F13, IN THE SPECIALTY COMMERCIAL DISTRICT, (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-101-10 A. Recitals. (i) West Coast Performing Arts has filed an application for the issuance of Conditional Use Permit No. 90-44 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 February 27 and continued to March 13, 1991, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and concluded said hearings on that date. (iii) 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 February 27 and March 13, 1991, 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 northeast corner of Vineyard Avenue and Foothill Boulevard with a street frontage of 1,845 feet and lot depth of 795 feet and is presently improved with ten commercial buildings; and (b) The property to the north and south of the subject site is vacant, the property to the east is a commercial center, and the property to the west is a roller skating rink; and (c) The subject property consists of a variety of uses including restaurants, clothing store, dry cleaner, jewelry store, and other types of service businesses; and PLANNING COMMISSION RESOLUTION NO. 91-24 CUP 90-44 - WEST COAST PERFORMING ARTS March 13, 1991 Page 2 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 and the Foothill Boulevard Specific Plan. 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 and incorporated herein by this reference. Planning Division 1) All recitals shall be held off-site. 2) Special events (such as fund raisers and dances) shall be held after 7 p.m. on weekdays or on weekends at any time. 3) The total number of students on-site at any time shall be limited to 36. 4) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including but not limited to, noise and/or vibration, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible revocation. 5) The facility shall be operated to comply with the performance standards for noise in commercial and office districts as follows: the activities shall not create any noise that would exceed an exterior noise level of 60 dBA during the hours of 10 p.m. to 7 a.m. and 65 dBA during the hours of 7 a.m. to 10 p.m. PLANNING COMMISSION RESOLUTION NO. 91-24 CUP 90-44 - WEST COAST PERFORMING ARTS March 13, 1991 Page 3 6) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal'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 for review and approval. The building shall be inspected for compliance prior to occupancy. 7) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, Development Code, and all other applicable City ordinances. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MARCH 1991. PLANNING CO ..ISSION OF /THHE CITY OF RANCHO CUCAMONGA BY: I j. . __ 4/ i/[ ? c Larry T McNiel, Chairman ATTEST: Ad Mi Arl a5� Br lr 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 13th day of March 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE