HomeMy WebLinkAbout94-66 - Resolutions RESOLUTION NO. 94-66
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. 94-19 ALLOWING A MASSAGE ESTABLISHMENT
WITHIN A 1,350 SQUARE FOOT LEASED SPACE IN AN EXISTING
COMMERCIAL CENTER ON 9 ACRES OF LAND IN THE GENERAL
COMMERCIAL DISTRICT, LOCATED AT 7890 HAVEN AVENUE,
SUITE 11, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1077-401-29.
A. Recitals.
1. Terry Lee Cook has filed an application for the issuance of
Conditional Use Permit No. 94-19, 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 13th day of July 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.
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 substantial evidence presented to this Commission
during the above-referenced public hearing on July 13, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a. The application applies to an existing business, Accu-Center,
within a leased space located at 7890 Haven Avenue, #11, within the existing
Deer Creek Village Shopping Center; and
b. The property to the north of the subject site is the Deer
Creek Channel and Flood Control Basin, the property to the south is the
Virginia Dare Shopping Center, the property to the east is the Terra Vista
Town Center and vacant office property, and the property to the west is the
Deer Creek Channel and graded industrial land; and
c. The application contemplates acupressure massage services
which will operate from 9 a.m. to 10 p.m. , Monday through Sunday; and
PLANNING COMMISSION RESOLUTION NO. 94-66
CUP 94-19 - COOK
July 13, 1994
Page 2
d. In addition to acupressure massage, the salon will provide
sun tanning, facial and skin treatments, and nail care. Beauty supplies will
also be sold at the site; and
e. The application applies to a leased space with one toilet
facility and one bathroom with tub.
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. Pursuant to the State CEQA Guidelines, it has been determined
that the proposed project does not have the potential for causing a
significant effect on the environment. The project has been determined to be
exempt from CEQA pursuant to Section 15061(6) (3) . The Planning Commission,
having final approval over this project, has reviewed and considered this
exemption prior to the approval of this project.
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) No adult business is approved by this permit.
2) Approval of this request shall not waive compliance with all
sections of the Development Code and all other applicable
City Ordinances.
3) If operation of the facility causes adverse effects upon
adjacent businesses or operations, the Conditional Use Permit
shall be brought before the Planning Commission for
reconsideration and possible termination of the use.
4) Any sign proposed for the facility shall be designed in
conformance with the comprehensive Sign Ordinance and the
Uniform Sign Program for the complex and shall require review
and approval by the Planning Division prior to installation.
inr PLANNING COMMISSION RESOLUTION NO. 94-66
CUP 94-19 - COOK
July 13, 1994
Page 3
5) The facility shall be operated in conformance with the
requirements as defined in Rancho Cucamonga Municipal Code
Chapter 9.24, regulating massage establishments, and shall
comply with all provisions of the Massage Establishment
Permit.
6) Hours of operation shall be from 9 a.m. to 10 p.m. , Monday
through Sunday.
7) The acupressure clientele shall be limited to one sex of
customer only while one rest room/locker facility exists.
This restriction shall be clearly posted with the prices of
various massage (acupressure) services. If a separate rest
room/locker facility is provided to the satisfaction of the
City Planner and the Administrative Services Director, both
sexes of customers may be permitted. Such a change in the
use shall not require modification to this Conditional Use
Permit.
8) Use shall not be expanded without modification to this
Permit.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF JULY 1994.
PLANNING COMMISS p OF THE CITY OF . HO CUCAMONGA
I 4A
BY:
eat afl!a. 1t
E. Davi•
ATTEST: ■t3i"
Bradrer, S=creta
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 13th day of July 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE