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HomeMy WebLinkAbout92-61 - Resolutions RESOLUTION NO. 92-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 92-08 FOR A SILK FLOWER AND GIFT SHOP TOTALING 612 SQUARE FEET WITHIN THE HISTORIC ALBERT HOUSE, ON 1.23 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) , LOCATED IN AT 10323 19TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-151-02. A. Recitals. (i) Filomena LaParry has filed an application for the issuance of conditional Use Permit No. 92-08 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 5th day of March 1992, the Historic Preservation Commission reviewed the application. (iii) On the 25th day of March 1992, 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. At that meeting, the Planning Commission directed staff to prepare an amended Resolution of approval for the April 8, 1992, Planning Commission Consent Calendar. (iv) 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 March 25, 1992, 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 10323 19th Street with a street frontage of 166 feet on 19th Street and a lot depth of 325.8 feet and is presently improved with the historic Henry Albert House; curb, gutter, sidewalk, and a wall exist along 19th Street; and curb and gutter exist along the Hamilton Street frontage; (b) The property to the north of the subject site is a vacant citrus grove, the property to the south contains single family residences under construction, the property to the east includes single family residences, and the property to the west consists of single family residences under construction; PLANNING COMMISSION RESOLUTION NO. 92-61 CUP 92-08 - LA PARRY April 8, 1992 Page 2 (c) The Henry Albert House, in which the application is proposed, was designated as an Historic Landmark by the City Council on February 18, 1987; (d) The application contemplates the operation of a silk flower and gift shop utilizing the northerly 612 square feet of the first floor of the existing house; (e) The Development Code, Section 17.08.030.E7, permits small- scale, non-residential uses in historic residential structures subject to 'review and approval of a Conditional Use Permit; (f) The applicant proposes to operate the business from 10 a.m. to 6 p.m. , seven days a week; and (g) No additional employees other than the property owners will be employed in the business. 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. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Planning Division 1) Approval of this request shall not waive compliance with all sections of the Development Code and all other City ordinances. 2) If operation of the facility causes any safety problems or adverse effects upon adjacent residences, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 92-61 CUP 92-08 - LA PARRY April 8, 1992 Page 3 3) The proposed use, and occupancy thereof, shall not commence until such time as all Uniform (or Historic, as applicable) 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. 4) Two parking spaces shall be constructed directly adjacent to the circular driveway to accommodate visitors to the shop. The design of the parking area shall conform to current code requirements while utilizing materials that are sensitive to the historic significance of the site. The specific parking lot design shall be reviewed and approved by the City Planner, and shall be constructed prior to utilizing the residence as a gift and flower shop. 5) In a five-year period from the date of Planning Commission approval, a two-car garage shall be constructed that emulates the architecture of the Albert House. The plans for the garage shall be reviewed and approved by the Historic Preservation Commission prior to issuance of building permits for the garage. A Landmark Alteration permit shall be filed in conjunction with the garage addition. A Disclosure Statement shall be prepared and recorded as to the deferred garage improvements for review and approval of the City Attorney within 90 days from the date of approval. 6) This Conditional Use Permit shall be reviewed by the Planning Commission five years from the date of approval to ensure compliance with the condition of approval requiring the two-car garage. 7) Street trees, ground cover, and a permanent irrigation system shall be provided along 19th Street in accordance with the 19th Street Master Plan within one-year of the date of Planning Commission approval. Detailed landscape/irrigation plans depicting conformance with the master plan shall be submitted for review and approval of the City Planner and City Engineer prior to installation. PLANNING COMMISSION RESOLUTION NO. 92-61 CUP 92-08 - LA PARRY April 8, 1992 Page 4 8) Any permanent sign(s) shall reflect the architectural character of the Albert House and shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Other temporary signs shall be reviewed and approved by the Planning Division per the guidelines established in the City's Comprehensive Sign Ordinance. 9) Hours of operation for the boutique shall be limited to 10 a.m. to 6 p.m. , seven days a week. Any request for expanded business hours shall require review and approval of the Planning Commission. Engineering Division 1) The existing block wall along 19th Street shall be modified to improve visibility by replacing that portion of block wall not used for retaining purposes with decorative wrought iron fencing as approved by the City Engineer and City Planner. The fencing shall be of a design and color that is not obtrusive and allows unobstructed viewing of the historic residence from 19th Street. The pilasters may remain as is. The fencing shall be constructed prior to commencement of the gift shop use on the property. 2) Sidewalk shall be constructed and street trees provided on the Hamilton Street frontage within five years. 3) One driveway on 19th Street shall be assigned as an "Entrance Only" and the other as an "Exit Only" prior to commencement of the gift shop use on the property. 4) Street trees shall be installed on 19th Street in accordance with the 19th Street Master Plan • within one-year. 5) The street improvement plans for 19th and Hamilton Streets shall be revised as approved by the City Engineer. A lien agreement shall be executed and recorded to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of public improvements at the times stated. PLANNING COMMISSION RESOLUTION NO. 92-61 CUP 92-08 - LA PARRY April 8, 1992 Page 5 6) Prior to any work being performed in the public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's office. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF APRIL 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA f BY: Iia _ c c , L.rry T. . P-1, Chairman ATTEST: � / � :rad�P'SW 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 8th day of April 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE