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HomeMy WebLinkAbout91-146 - Resolutions RESOLUTION NO. 91-146 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 91-29 FOR AN ANIMAL CARE FACILITY WITHIN THE VINEYARDS MARKETPLACE SHOPPING CENTER IN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA PLANNED COMMUNITY LOCATED AT THE SOUTHWEST CORNER OF WOODRUFF AND HIGHLAND, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-25. A. Recitals. (i) Dr. Shimseldin Gouda, DVM, has filed an application for the issuance of the Conditional Use Permit No. 91-29 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 the 9th day of October 1991, 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. (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 hearing on October 9, 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 southwest corner of Woodruff Place and Highland Avenue with a street frontage of 493.34 feet and lot depth of 354.45 feet and is presently improved with six buildings and 526 parking spaces; and (b) The property to the north of the subject site is vacant (future Foothill Freeway) ; the property to the south of the site consists of vacant, Medium Residential; the property to the east is vacant Medium Residential; and the property to the west is Low Medium Residential. (c) The application contemplates the operation of a veterinary hospital and retail sales of pet supplies in a leased space of 2,673 square feet. No boarding of animals, except for surgery or medical treatment, is proposed. PLANNING COMMISSION RESOLUTION NO. 91-146 CUP 91-29 - DR SHIMSELDIN GOUDA, DVM October 9, 1991 Page 2 (d) The application proposes hours of operation from 8:00 a.m. to 6:00 p.m. , Monday through Friday; 9:00 a.m. to 2:00 p.m. on Saturday; and 9:00 a.m. to 2:00 p.m. on Sunday. (e) No more than three employees shall be working on any given shift. 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 Victoria Community Plan and Development Code. 4. This Commission hereby finds and certifies that the project will not cause a significant effect on the environment and is therefore exempt from the CEQA process. 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 attached hereto and incorporated herein by this reference. 1) Approval of this request shall not waive compliance with the Victoria Community Plan and all applicable City Ordinances. 2) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 3) Occupancy, of the facility shall not commence until such time as all Uniform Building Code and Uniform Fire Code 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 occupancy. PLANNING COMMISSION RESOLUTION NO. 91-146 CUP 91-29 - DR SHIMSELDIN GOUDA, DVM October 9, 1991 Page 3 4) Any sign proposed for the facility shall be designed in conformance with the comprehensive Sign Ordinance and any Uniform Sign Program for the complex and shall require review and approval by the Planning Division prior to installation. 5) The use shall be limited to a maximum of three employees. 6) The use shall not have overnight boarding of animals except for purposes of surgery or medical treatment. 7) There shall be no exterior kennels, pens, or runs on-site. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF OCTOBER 1991. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA M5 Larry T. McNiel, Chair an ATTEST: A.e _ Br alerre Air tart' 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 19th day of October 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE