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HomeMy WebLinkAbout95-59 - Resolutions RESOLUTION NO. 95-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LARGE FAMILY DAY CARE NO. 95-04, A REQUEST TO ESTABLISH A LARGE FAMILY DAY CARE FACILITY (UP TO 12 CHILDREN) IN THE LOW RESIDENTIAL DESIGNATION (2-4 DWELLING UNITS PER ACRE), LOCATED AT 7503 ALTA CUESTA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 207-044-19. A. Recitals. 1. Judith Bayardo and Sathi Karuppiah have filed an application for the approval of Large Family Day Care No. 95-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Large Family Day Care request is referred to as "the application." 2. On the 13th day of December 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said meeting 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 meeting on December 13, 1995, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located at 7503 Alta Cuesta Drive with a street frontage of 80 feet and lot depth of 130 feet and is presently improved with a single family residence; and b. The properties to the north, south, east and west of the subject site are designated for residential uses and are improved with single family residences; and c. The application complies with the development standards of the Low Residential designation; and d. The application is consistent with the Low Residential designation of the General Plan. 3. The Planning Commission finds that the application is proposed at a location that fronts onto a local street with traffic volumes in excess of typical local street volumes. Also, the street section is substandard compared to current local street standards. These factors combine to result in unsafe conditions for the applicant, adjacent residents, and customers of the facility. State law, however, requires local agencies to grant approval of the application, regardless of public safety PLANNING COMMISSION RESOLUTION NO. 95-59 LFD 95-04 - BAYARDO/KARUPPIAH December 13, 1995 Page 2 considerations. Therefore, the action taken by this Commission is done in protest of State Statutes regulating large family day care facilities. 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, as amended, and the Guidelines promulgated thereunder, pursuant to Section 1597.46A and B of the California Health and Safety Code. 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. 1) A circular driveway shall be constructed prior to establishment of the large family day care. The final design of the driveway shall be reviewed and approved by the City Planner and City Engineer prior to construction. 2) Outdoor play shall not be permitted before 8:00 a.m. All activities shall be conducted within the building. 3) The proposed use shall not commence until all permits and approvals have been obtained from: a. The Department of Social Services in compliance with State of California Health and Safety Code Sections 1596.70 through 1597.47; and b. The City of Rancho Cucamonga Building and Safety Division in compliance with Uniform Building Code requirements; and c. The Rancho Cucamonga Fire Protection District in compliance with the Uniform Fire Code requirements. 4) Noise levels shall comply with Section 17.08.080(D) of the City of Rancho Cucamonga Development Code. 5) Approval of this request shall not waive compliance with any sections of the Low Residential District, State Fire Marshall's regulations, Uniform Building Code, or any other City Ordinances. 6) The use of the residence as a day care facility shall be limited to the hours between 6:00 a.m. and 8:00 p.m. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 95-59 LFD 95-04 - BAYARDO/KARUPPIAH December 13, 1995 Page 3 ATTEST:' r...a Bra.W ecreW 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 December 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MCNIEL PLANNING COMMISSION RESOLUTION NO. 95-59 LFD 95-04 - BAYARDO/KARUPPIAH December 13, 1995 Page 3 bL lBY: vaiLlkâ–º:ty. . Da 4 ` ATTEST: ad BuI - r'ret-W 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 December 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MCNIEL