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HomeMy WebLinkAbout93-91 - Resolutions RESOLUTION NO. 93-91 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-40 FOR THE ESTABLISHMENT OF A GYMNASTICS SCHOOL IN A LEASED SPACE OF 12,650 SQUARE FEET WITHIN AN EXISTING MULTI-TENANT INDUSTRIAL PARK, LOCATED IN SUBAREA 2 OF THE INDUSTRIAL AREA SPECIFIC PLAN AT 9017 ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-012-19. A. Recitals. 1. Paul and Claire Lee have filed an application for the issuance of Conditional Use Permit No. 93-40 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application. " 2. On the 27th day of October 1993, 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. 3. 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 the substantial evidence presented to this Commission during the above-referenced public hearing on October 27, 1993, 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 9017 Arrow Route with a street frontage of 780 feet and lot depth of 460 feet and is presently improved with a multi-tenant industrial park; b. The property to the north of the subject site is multi-family residential and a park site, the property to the south consists of a manufacturing/general industrial building, the property to the east is a large industrial building, and the property to the west is a large industrial building and vacant land; c. The subject property consists of a variety of office and light industrial/multi-tenant uses; d. Adequate parking exists on the site for the proposed use; and PLANNING COMMISSION RESOLUTION NO. 93-91 CUP 93-40 - LEE October 27, 1993 Page 2 e. Adjacent businesses will not be affected by any potential noise generated from the facility because this is a single occupant building. 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 facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 93-91 CUP 93-40 - LEE October 27, 1993 Page 3 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. Planning Division 1) The total number of students on-site at any one time shall be limited to 50. 2) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including but not limited to, parking, noise, and/or vibration, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible revocation. 3) Approval of this request shall not waive compliance with all sections of the Industrial Area Specific Plan, Development Code, and all other applicable City ordinances. 4) Prior to occupancy, plans shall be submitted to the Building and Safety Division and the Rancho Cucamonga Fire Protection District for review and approval. 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. The building shall be inspected for compliance prior to occupancy. 5) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for the Arrow Business Park and shall require review and approval by the Planning Division prior to installation. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER 1993. PLANNING COMM-SION OF THE CITY OF RANCHO CUCAMONGA BY: a,ti / -glill,_ Aeer IF W La y T..4cNiel, Chairman OF / ATTEST: AtastIt/i1E •l_ Bradley*, S y PLANNING COMMISSION RESOLUTION NO. 93-91 CUP 93-40 - LEE October 27, 1993 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 27th day of October 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE