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HomeMy WebLinkAbout95-34 - Resolutions RESOLUTION NO. 95-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT NO. 95-21 FOR A PLAYSCHOOL PROGRAM, LOCATED AT 5354 HAVEN AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-271-01 A. Recitals. 1. The City of Rancho Cucamonga has filed an application for the issuance of Conditional Use Permit No. 95-21, 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 25th day of July 1995, the City Planner of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of that hearing, adopted Resolution No. 95-15 approving the application upon certain stated conditions. 3. The decision represented by said City Planner Resolution was timely appealed to this Planning Commission. 4. On August 23, 1995, this Commission conducted a duly noticed public hearing on the application and concluded said public hearing on that date. 5. 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. The Planning 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 the Planning Commission during the above-referenced August 23, 1995, hearing, including written and oral staff reports, the minutes of the above-referenced City Planner meeting, and the contents of City Planner Resolution No. 95-15, this Commission hereby specifically finds as follows: a. The application applies to property located at 5354 Haven Avenue which is presently improved with a church, including portable classrooms and related parking, and full street improvements; and b. The subject property was approved in February 1983 for a preschool of up to 120 children in the portable classrooms as part of the original Conditional Use Permit No. 82-29, when this Commission adopted its Resolution No. 83-18; and c. The properties to the north, south, east, and west are zoned Very Low Residential and are developed with single family residences; and PLANNING COMMISSION RESOLUTION NO. 95-34 CUP 95-21 - CITY OF RANCHO CUCAMONGA August 23, 1995 Page 2 d. The use proposed in the application is a permitted use in the Very Low Residential District subject to the issuance of a Conditional Use Permit; and e. The application complies with all requirements of the City of Rancho Cucamonga; and f. The application contemplates the operation by the City of a playschool program for up to 150 preschool children, within existing portable classrooms, on various weekdays between the hours of 8:00 a.m. and 2:00 p. m. The total number of children anticipated on the site at any given time would not exceed 83 children because of the staggered class schedules, which is far less than the existing approval for up to 120 preschool children; and g. The use proposed at the application site has been conducted in the City of Rancho Cucamonga for approximately eight years at three locations elsewhere in the community. The Community Services Department, which operates the playschool program, is pursuing the subject property because two of those locations are not available at this time. The application site fulfills the community need to relocate the use for a limited period of time of approximately 18 months until permanent facilities become available; and h. The application applies to property containing existing classroom and playground facilities and parking, which will accommodate the use without further improvements; and i. The applied for use will be responsive to the demand for preschool programs within the community; and j. There is existing access from a drive approach on Haven Avenue to a 100 car parking lot located directly east of the classrooms, with secondary access from the site's northerly frontage on Vista Grove Street; and k. Existing and projected traffic volumes on Haven Avenue and Vista Grove Street are significantly lower than their design capacity. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. 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; and b. 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; and c. The application, which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code. PLANNING COMMISSION RESOLUTION NO. 95-34 CUP 95-21 - CITY OF RANCHO CUCAMONGA August 23, 1995 Page 3 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning 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 approved use has not commenced within 24 months of this date. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other 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 consideration and possible termination of the use. 4) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. 5) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the City Planner prior to installation. 6) Approval is granted for a preschool Playschool Program, Mondays through Thursdays (Fridays optional) from 8:00 a.m. until 2:00 p.m. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. - -IAN/ED D ADOPT:* ' HI. 23RD DAY OF AUGUST 1995. Miiiiii, BY: AS.fl�I►�� E. Dav - 'man PLANNING COMMISSION RESOLUTION NO. 95-34 CUP 95-21 - CITY OF RANCHO CUCAMONGA August 23, 1995 Page 4 ATTEST: I II Iik I Brad B NIW S-• etary , Brad Bu -r, 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 August 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: COMMISSIONERS: MELCHER ABSENT: COMMISSIONERS: NONE