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HomeMy WebLinkAbout91-188 - Resolutions RESOLUTION NO. 91-188 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 91-05 AMENDING TITLE 17, CHAPTER 17.02.140 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE THE DEFINITION OF MASSAGE ESTABLISHMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The City of Rancho Cucamonga has initiated an application for Development Code Amendment No. 91-05 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." (ii) On the 11th day of December 1991, and continued to the 17th day of December 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 December 11, continued to December 17, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to all properties located within the City; and (b) The proposed amendment is not considered a project by the California Environmental Quality Act and is, therefore, exempt (see Article 5, commencing with Section 15061) . 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings 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 amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and PLANNING COMMISSION RESOLUTION NO. 91-188 DCA 91-05 - CITY OF RANCHO CUCAMONGA December 17, 1991 Page 2 (b) That the proposed amendment is consistent with the objectives of the Development Code; and (c) That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and (d) That the proposed amendment will not be detrimental to the objectives of the General Plan or the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby resolves as follows: (a) That the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Development Code Amendment 91-05 to modify the Municipal Code per the attached Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 1991. PLANNING CO ISSION\J OF THE CITY OF RANCHO CUCAMONGA BY: `-'� l� c- Larry .T. McNiel, Chairman ATTEST: - ' �«-� : ad Wir Se 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 17th day of December 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 91-05, AMENDING TITLE 17, CHAPTER 17.02.140 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE THE DEFINITION OF MASSAGE ESTABLISHMENT, AND MAKING FINDINGS IN SUPPORT THEREOF. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Section 17.02.140 is revised to read as follows: MASSAGE ESTABLISHMENT: Any establishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage establishments shall not include the following: a. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California. b. Nurses registered under the laws of the State of California. c. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practice within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, and/or scalp of the customer or client. d. Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California. e. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. f. Trainers of amateur, semiprofessional, or professional athletes or athletic teams. CITY COUNCIL ORDINANCE NO. DCA 91-05 - CITY OF RANCHO CUCAMONGA Page 2 SECTION 2: This Council finds that this amendment is not considered a project by the California Environmental Quality Act and is, therefore, exempt (see Article 5, commencing with Section 15061) . SECTION 3: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 4: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its adoption at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, and circulated in the City of Rancho Cucamonga.