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HomeMy WebLinkAbout92-71 - Resolutions RESOLUTION NO. 92-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 92-07 FOR A 500 SQUARE FOOT EXPANSION. OF THE EXISTING HIDE A WHILE LOUNGE, LOCATED WITHIN THE EXISTING PERRY'S SHOPPING CENTER AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND MALACHITE AVENUE, LOCATED IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-261-40 A. Recitals. (i) William and Carole McIntosh have filed an application for the issuance of the Conditional Use Permit No. 92-07 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 22nd day of April 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. (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 April 22, 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 the southwest corner of Foothill Boulevard and Malachite Avenue with a street frontage of 160 feet and is presently developed with a shopping center and parking lot; and (b) The property to the north of the subject site is vacant and existing low residential, the property to the south of that site consists of single family residences and a commercial acreage site, the property to the east is an existing office building, and the property to the west is existing Nurseryland; and PLANNING COMMISSION RESOLUTION NO. 92-71 CUP 92-07 - HIDE A WHILE April 22, 1992 Page 2 (c) With the revised Master Plan, a total of 275 parking stalls will be provided for all existing and future users on-site and a total of 268 parking stalls are required. Therefore, adequate parking facilities are provided for the proposed use. (d) The proposed hours of operation are 8:00 a.m. to 2:00 a.m. Monday through Sunday. (e) No significant law enforcement issues have occurred since 1987. (f) The proposed use has existed within the center for 30 years and no significant compatibility issues have arisen. 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 accordance 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 Commission 1) Approval of this request is contingent upon approval of Conditional Use Permit 91-24, the Master Plan for the shopping center. 2) 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 the consideration and possible termination of the use. 3) Occupancy of the expansion area shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Prior to PLANNING COMMISSION RESOLUTION NO. 92-71 • CUP 92-07 - HIDE A WHILE April 22, 1992 Page 3 occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District to show compliance. The building shall be inspected for compliance prior to occupancy. 4) Any signs 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) Rear doors of the business shall remain closed during evening hours after (6 p.m. ) , except in the event of an emergency. 6) The parking area in the rear of Phase IV shall not be used after 10 p.m. 7) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances. 8) The design of the storefront shall be consistent with the approved storefront design Phase 1 and the design of the canopy for Phases 1 and 2. The design shall also take into account the possible reuse of the historic building materials currently in use at the storefront. The final design shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF APRIL 1992. PLANNING CO ISSIONN OF THE CITY OF RANCHO CUCAMONGA BY: At ./ s Larry T. McNiel, Chairman ATTEST: � % "� B .d PLANNING COMMISSION RESOLUTION NO. 92-71 CUP 92-07 - HIDE A WHILE April 22, 1992 Page 4 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 22nd day of April 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: VALLETTE ABSENT: COMMISSIONERS: NONE