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HomeMy WebLinkAbout94-13 - Resolutions RESOLUTION NO. 94-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-31 FOR A HEALTH SPA OF 14,300 SQUARE FEET IN BUILDING 15 OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT 91-24 IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-011-28. A. Recitals. 1. Masi Commerce Center Partners has filed an application for the issuance of Conditional Use Permit No. 93-31, 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. The above application was originally scheduled for public hearing on February 9, 1994, however, it was continued in order to allow staff the opportunity to review a floor plan and other new and more detailed information. 3. On the 23rd day of February 1994, 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. 4. 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 February 23, 1994, 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 Rochester Avenue and Foothill Boulevard with a street frontage of 1,250 feet along Foothill Boulevard and a lot depth of 950 feet along Rochester Avenue and is presently vacant; and b. The properties to the north and west of the subject site are vacant, the property to the south consists of the Sports Complex, and the property to the east is the Aggozzotti Winery; and PLANNING COMMISSION RESOLUTION NO. 94-13 CUP 93-31 - MASI COMMERCE PTNRS. February 23, 1994 Page 2 c. The property is designated "Industrial Park" by the Industrial Area Specific Plan; and d. The proposed use is conditionally permitted in Subarea 7 and is classified as a "Recreational Facility." 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 and the Industrial Area Specific Plan. 4. This Commission hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15-61(b) (3) of the State CEQA Guidelines. 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) Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 months from the date of approval. 2) Approval of this request shall not waive compliance with all sections of the Industrial Area Specific Plan and all other City ordinances. 3) 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. PLANNING COMMISSION RESOLUTION NO. 94-13 CUP 93-31 - MASI COMMERCE PTNRS. February 23, 1994 Page 3 4) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for the complex. 5) Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the City Planner. 6) Approval is for a 14,300 square foot health club with incidental services such as a juice bar and potential child care. The expansion or the intensification of the use shall require a modification to the Conditional Use Permit. 7) A copy of this Resolution shall be attached to any lease for this space. 8) This approval shall become null and void if a Certificate of Occupancy is not issued within 18 months from the date of approval, unless an extension has been granted by the Planning Commission. This Conditional Use Permit shall be monitored and brought back to the Planning Commission within six months from occupancy to review compliance with all Conditions of Approval and applicable City ordinances. Failure to comply with the Conditions of Approval or applicable City ordinances shall . cause the suspension of the Conditional Use Permit and possible revocation of the Conditional Use Permit by the Planning Commission. Fire District/Building and Safety Division - 1) 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. Detailed plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval Di pp prior to issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. PLANNING COMMISSION RESOLUTION NO. 94-13 CUP 93-31 - MASI COMMERCE PTNRS. February 23, 1994 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED- THIS 23RD DAY OF FEBRUARY 1994. PLAN. I%I ISSION OF THE , IY OF RANCHO CUCAMONGA tell 1101.,= r a. ATTEST: am� Brad nr/r, rry 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 23rd day of February 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MELCHER