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HomeMy WebLinkAbout1994/11/22 - Agenda PacketCITY OF RANCHO CUCAMONGA CITY PLANNER HEARING AGENDA TUESDAY NOVEMBER 22, 1994 2:00 P.M. ACTION NONE APPROVED as amended. APPROVED as amended NONE RANCHO CUCAMONGA CIVIC CENTER PLANNING DIVISION CONFERENCE ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Announcements Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the City Planner, then state your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. CONDITIONAL USE PERMIT 94-32 - STEVE DUNCAN - A request to keep a collection of 500 exotic birds at a residence in the Low-Medium district of the Etiwanda Specific Plan, located at 7491 Etiwanda Avenue, subject to Section 17.08.303 of The Rancho Cucamonga Development Code - APN: 1100-021- 01. CONDITIONAL USE PERMIT 94-35 - NEW HOPE COMMUNITY CHURCH - A request to establish a church within a leased building of 9,426 square feet within the Cucamonga Business Park within the General Industrial District (Subarea 3) of the Industrial Specific Plan, located at 9507 Arrow Highway - APN: 209-021-39 III. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. 3:05 p.m. IV. Adjournment CITY OF RANCHO CUCAMONGA CITY PLANNER HEARING AGENDA TUESDAY NOVEMBER 22, 1994 2:00 P.M. RANCHO CUCAMON~ACIVIC CENTER PLANNING DIVISION CONFEnCE ROOM 10500 CIVIC u~KDRIVE RANCHO CUCAMON~A, CALIFORNIA Announcements Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the~.Cit~'- Pt~nner, then State your name and'address .All'suqh opinions shall be limited to 5 minutes per individual for each project. .Please sign in after speaking. CONDITIONAL USE PERMIT 94-32 - STEVE DUNCAN - A request to keep a collection of 500 exotic birds at a residence in the Low-Medium district of the Etiwanda Specific Plan, located at 7491 Etiwanda Avenue, subject to Section 17.08.303 of The Rancho Cucamonga Development Code - APN: 1100-021-01. CONDITIONAL USE PERMIT 94-35 - NEW HOPE COMMUNITY CHURCH - A request to establish a church within a leased building of 9,426 square feet within the Cucamonga Business Park within the General Industrial District (Subarea 3) of the Industrial Specific Plan, located at 9507 Arrow Highway - APN: 209-021-39 IV. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. V. Adjournment CITY OF RANCHOCUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: ANALYSIS: November 22, 1994 Brad Buller, City Planner Dan Coleman, Principal Planner Alan Warren, AICP, Associate Planner CONDITIONAL USE PERMIT NO. 94-32 - STEVE DUNCAN - A request to keep a collection of five hundred exotic birds at a residence in the Low Medium district of the Etiwanda Specific Plan located at 7491 Etiwanda Avenue subject to Section 17.08.030 of the Rancho Cucamonga Development Code. - APN 1100-021-01 General: The applicant is requesting authorization to keep a collection of 500 exotic birds at the subject location. The property is within the Etiwanda Specific Plan (ESP) and the keeping of animals is regulated by the Development Code. Development Code Section 17.08.030 allows for the consideration of more than the permitted five (5) birds per 5,000 square feet of lot area subject to a Conditional Use Permit approval. Compatibility: The premise of all conditional use permit reviews is to ensure the compatibility of adjacent uses and separation of potential nuisance activities. The site and the surrounding vacant properties are designated Low Medium Residential (4-8 dwelling units per acre) within the ESP. Presently, with the many acres of vacant land around the site, staff does not believe that the noise the birds make will cause a nuisance. In addition, the elevated ambient noise level evident because of the I-15 Freeway traffic can effectively lower the perceived noise intrusion by the birds. However, because residential development is planned for this area, there is a potential for nuisance in the future. Staff was contacted by two neighboring property owners in response to the legal notices. Concerns over objectionable odors and insect infestations because of inadequate sanitary practices were voiced. The applicant stated that he currently has a collection of 200 birds at his residence in San Dimas. Staff checked with the City of San Dimas' Code Enforcement section and were informed that there is no record of complaints being received for the bird collection at the applicant's present address. Because people are expected to move into the immediate area, staff recommends the following conditions be included with the standard permit conditions in the approval of the permit: That only the following types of small birds, without loud, intrusive crowing habits, may be kept as part of the total collection (five hundred) of birds requested: Parrots, parakeets, finches, doves, and quails. CITY PLANNER STAFF REPORT CUP 94-32 - DUNCAN November 22, 1994 Page 2 That birds of large size or birds with loud, intrusive crowing habits shall not be kept on the property, as exhibited by, but not necessarily limited to, the following types: Ostriches, roosters, peacocks, geese, swans and ducks. That the bird collection shall be housed in a totally screened enclosure consistent with Development Code Section 17.08.030E and shall be maintained and continually cleaned in a manner to preclude objectionable odors and infestations of insects associated with the keeping of large numbers of birds. That within nine (9) months of the occupancy of a residential structure abutting the site, as part of a residential tract subdivision, the entire bird collection shall be housed in a structure that totally attenuate the bird noises. RECOMMENDATION: Staff recommends that the City Planner approve Conditional Use Permit No. 94-34 through the adoption of the attached Resolution of Approval. Dan Cole'ima~ t~ Principal Planner Attachments: Exhibit "A" - Letter of Intent Exhibit "B" - Letter from Steven Duncan Exhibit "C" Site Plan Exhibit "D" - Information Sheet Resolution of Approval LETTER OF INTENT FOR CONDITIONAL USE PERMIT APPLICANT: Steven Duncan 523 W. Third Street San Dimas, Ca 91773 (909) 599-6915 The applicant is seeking permission to keep a personal collection of exotic birds at 7491 Eft wanda Ave. The applicant does not presently own this property but an offer to buy the property has been accepted by the current owners. The purchase of the property is contingent upon CUP approval. The property is 3/4 of an acre (200 x 150 feet) with a -2500 square foot 2 story house that will be the applicant's sole residence. Pending approval, applicant will move his current collection of 200 birds to the backyard which is surrounded by a 6 foot high chain link fence. It is expected that this collection will grow over time to an anticipated number of-500. It should be noted that the current owners of the property have kept over 200 exotic birds on the property as well as horses and poultry. Accordingly, the property currently has cages upon it which will be utilized by the applicant. The types of birds to be kept include parakeets, parrots, finches, doves, and quail. The birds are to be kept for breeding and will be housed I breeding pair per welded wire cage. The offspring are sold and delivered to local pet stores. It is very important to note that for security reasons, the property will not be open to the public. Care is provided by the applicant so there are no employees. Because there will be no employees or public visiting, there will be no impact on traffic or parking. The volume of waste produced by this activity currently fills only one 32 gallon trash can per week and consists primarily of wood shavings, and fruit rinds. In order to familiarize the people involved with reviewing the CUP application (since the raising of exotic birds is completely different than the more familiar poultry industry), the applicant is providing some examples of people who are currently engaged in the keeping and breeding of exotic birds. See Attachment I for photographs of the below properties. 1 ) Rick Rosenthal, Yorba Linda CA.. Rick keeps over 4,000 exotic birds at his residence which is located on a 1/2 acre lot in residential Yorba Linda. Page 2 of 2 2) Tom Bagnoli, Chino Hills CA. Tom Keeps 3,000 exotic birds at his residence which is situated on less than 3/4 an acre in residential Chino Hills. 3) Bill McGinness, Buena Park CA. Bill keeps 1,000 exotic birds at his residence which is located on 1/2 an acre in residential Buena Park. 4) Applicant - Steve Duncan, San Dimas CA. The applicant currently keeps 200 exotic birds at his residence on a lot that is less than 1/6 an acre. It should be noted that there has not been a single neighbor complaint since the applicant started housing the birds at his property almost 6 years ago. The people in the previous examples keep a much larger number of the same variety of birds as proposed by the applicant without complaints despite the fact that the neighborhoods are more densely developed than the proposed location on Etiwanda Avenue. The applicant, holds a bachelors degree in biology, is actively involved with the Audubon Society of American, the American Museum of Natural History and the Avicultural Society of America, and has a strong interest in educating the public on environmental issues. Classroom visits to local public schools will be available to help teachers promote wildlife conservation. In light of the low impact on neighboring properties and the history of the subject property as a bird keeping facility, it its requested that this CUP be granted. TO: Alan Warren FROM: Steve Duncan CfTy OF R'ANCHO CUCAMONG~ PLANNING DIVISION t 0v-719 4 m SUBJECT: CLIP 94-32 As requested, I am sending noise level information on my collection of birds as well as ambient noise levels from the subject property. Since Dan Coleman indicated that noise may be a concern, I purchased a noise level meter from a local Radio Shack and have made the following measurements: 1) At a distance of approximately 50 feet from the birds, at my current residence, the peak readings were 1/2 - 1 second bursts at 70 Decibels. (Dbs). It should be noted that these brief bursts happen when the birds are disturbed. When the birds are left undisturbed, they are generally quiet with noise levels not even registering on the meter. In addition, nighttime noise is nonexistent. 2) Measurements were also taken at Rick Rosenthal's residence for a cross check on the validity of measurements taken on my birds (refer to examples of other bird breeding facilities noted in the letter that accompanied the CUP application). It was noted that peak noise levels for these birds likewise did not exceed 70 Dbs. It is important to note that these readings were taken on the same property that the birds are kept on. It is expected that as the distance increases to neighboring properties, the sound level will decrease. 3) Because the subject property is located near the 15 freeway, the ambient noise level is high. Measurements were taken at 1:00 p.m. on a Wednesday (not peak traffic hours) standing in the middle of the property. Freeway noise levels were measured at 50 - 60 Dbs with occasional peaks to 65 Dbs when heavy truck traffic passed by. It was also noted that busses and trucks commonly travel on Etiwanda Ave. These generated noise levels over 70 Dbs (again measured at the center of the property NOT near the street where they would be higher). During our phone conversation on November 3, you indicated a concern about roosters and peacocks. Since I possess none of these birds and do not intend to, I have no objection to a stipulation in the CUP that denies the keeping of these birds. Due to the high ambient noise levels produced by traffic at the subject property, it is felt that noise produced by my collection of birds would have no impact on surrounding properties. I would also like to emphasize that the birds do not make noise after sundown when neighbors may be more sensitive to disturbances. C INFORMATION SHEET CONDITIONAL USE PERMIT NO. 94-32 FILE NO: CUP 94-32 PROJECT NAME: none APPLICANT: Steve Duncan LOCATION: 7491EtiwandaAvenue FLOOR AREA: not applicable GENERAL PLAN LAND USE CLASSIFICATION: Low Medium (4-8 dwelling units/acre) EXISTING ZONING: Etiwanda Specific Plan (ESP), Low Medium (4-8 dwelling units/acre) EXISTING LAND USE: single family residence with accessory buildings (aviary) in backyard ADJACENT ZONING/LAND USE: ZONING, ESP North: Low Medium (4-8 dwelling units/acre) South: Low Medium (4-8 dwelling units/acre) Office/Professional East: LOw Medium (4-8 dwelling units/acre) West: Low Medium (4-8 dwelling units/acre) Office/Professional LAND USE LOw Medium (4-8 dwelling units/acre) Low Medium (4-8 dwelling units/acre) Office LOw Medium (4-8 dwelling units/acre) Low Medium (4-8 dwelling units/acre) Office SITE DESCRIPTION: level, sloping slightly to the south, native grasses and mature trees. SITE SIZE: .69 acres (200 ft. by 150 ft.) RESOLUTION NO. A RESOLUTION OF THE CITY PLANNER OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-32, GRANTING AUTHORIZATION FOR THE KEEPING OF A COLLECTION OF 500 EXOTIC BIRDS ON RESIDENTIAL PROPERTY LOCATED IN THE LOW MEDIUM RESIDENTIAL (4 TO 8 DWELLING UNITS PER ACRE) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-021-01. A. Recitals. 1. Steve Duncan has filed an application requesting the issuance of Conditional Use Permit No. 94-32, 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 22nd day of November 1994, the City Planner 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 City Planner of the City of Rancho Cucamonga as follows: 1. The City Planner 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 City Planner during the above-referenced public hearing on November 22, 1994, including written and oral staff reports, together with public testimony, the City Planner hereby specifically finds as follows: a. The application applies to property located at 7491 Etiwanda Avenue with a street frontage of 150 feet and lot depth of approximately 200 feet and is presently improved with a single family house and accessory structures; and b. The properties to the north, south, and east are vacant and the property to the west is developed with a religious facility; and c. That the request is in compliance with the requirements of City of Rancho Cucamonga's Municipal Code Section 17.08.030 which provides for the keeping of exotic birds on residential property subject to conditional use permit approval, and; that the subject property is zoned and designated in the Rancho Cucamonga General Plan for residential uses. CITY PLANNER RESOLUTION NO. CUP 94-32 - DUNCAN November 22, 1994 Page 2 3. Based upon the substantial evidence presented to the City Planner during the above- referenced public heating and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the City Planner hereby finds and concludes as follows: a. That the proposed use is in accord with the General Plan, the objectives of Etiwanda Specific Plan, 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 Etiwanda Specific Plan. 4. The City Planner 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 15016 (b)(3) of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, the City Planner hereby approves the application subject to each and every condition set forth below: 1) Approval shall expire, unless extended by the City Planner, if use has not commenced within 24 months of this date. 2) Approval of this request shall not waive compliance with any sections of the Etiwanda Specific Plan, Rancho Cucamonga Development Code, State Fire Marshal's Regulations, Uniform Building Code, or any other City ordinances. 3) If the keeping of the exotic bird collection causes adverse effects upon adjacent properties, the Conditional Use Permit shall be brought before the City Planner for reconsideration and possible termination of the use. 4) This approval is for an exotic bird collection of 500 birds of the type specified in this resolution only. Any change or intensification of use shall require modification to this application in a manner specific by City regulations and policies. 5) That only the following types of small birds, without loud crowing habits, may be kept as part of the total collection (500) of birds requested: Parrots, parakeets, finches, doves, and quails. 6) That birds of large size or birds with loud crowing habits shall not be kept on the property, as exhibited by, but not necessarily limited to, the following types: CITY PLANNER RESOLUTION NO. CUP 94-32 - DUNCAN November 22, 1994 Page 3 Ostriches, roosters, peacocks, geese, swans, ducks. 7) That the bird collection shall be housed in a totally screened enclosure consistent with Development Code Section 17.08.030E and shall be maintained and continually cleaned in a manner to preclude objectionable odors and infestations of insects associated with the keeping of large numbers of birds. 8) That within nine months of the occupancy of a residential structure abutting the site, as part of a residential tract subdivision, the entire bird collection shall be housed in a structure that totally attenuates the bird noises. 6. The Secretary to the City Planner shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF NOVEMBER 1994. BY: Brad Buller, City Planner ATTEST: Shelley Petrelli, Secretary I, Shelly Petrelli, Secretary to the City Planner for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Planner of the City of Rancho Cucamonga, at a regular meeting of the City Planner held on the 22nd day of November 1994. DATE: TO: November 22, 1994 Brad Buller, City Planner CITY OF RANCHO CUCAMONGA STAFF REPORT FROM: Dan Coleman, Principal Planner BY: Steve Hayes, AICP, Associate Planner SUBJECT CONDITIONAL USE PERMIT 94-35 - NEW HOPE COMMUNITY CHURCH -A request to establish a church within a leased building of 9,426 square feet in the Cucamonga Business Park, within the General Industrial District (Subarea 3) of the Industrial Specific Plan located at 9507 Arrow Highway - APN: 209-021-39. ANALYSIS General: New Hope Community Church has been operating in the business park since 1986 at 9521-A Business Center Drive, the new home of Platt College, for which a Conditional Use Permit was approved by the City Planner on November 8, 1994. The applicant is moving because a larger sanctuary area is desired. For more information about the use, please refer to Exhibit "A". go Land Use Compatibility: A wide variety of uses are either permitted or conditionally permitted within the Cucamonga Business Park including, but not limited to, office/professional functions, light warehousing storage and distribution, light manufacturing and public assembly. Currently, all of these uses and other similar intensity uses are existing within the Cucamonga Business Park. The church plans to hold public assembly on Sunday mornings and Friday evenings at 6:30 p.m. after regular weekday business hours for most uses. Four employees will operate the business office during regular weekday business hours. The church would be the only tenant in Building 7 and thereby, physically separated from other adjacent uses. The nearest building, Building 8, is occupied by primarily small office/light manufacturing tenants that operate during weekday business hours. Since the highest volume of activity for the church does not overlap with the primary hours of operation and functions of the nearest tenants, staff does not anticipate any land use compatibility problems to arise. As stated earlier, this church has been operating in Building 9 in the Cucamonga Business Park since 1986 with no incidence of compatibility problems reported to staff. Parking: The applicant has noted that four employees will operate the business office during weekday business hours. Twenty-six parking spaces surround the building the church is planning to occupy. Other church activities requiring more parking spaces will take place at off-peak hours for other businesses in adjacent buildings. The complex has ample parking CITY PLANNER STAFF REPORT CUP 94-35 - NEW HOPE COMMUNITY CHURCH November 22, 1994 Page 2 spaces available in close proximity to the proposed church. Therefore, staff anticipates no parking problems associated with locating a church facility in the Cucamonga Business Park. Life Safety Issues: The Building and Safety Division has reviewed the proposed expansion of the sanctuary and determined that it would increase the occupancy load to approximately 350 persons. An occupancy load of 300 or more would require modifications to the building to address Building and Fire Code requirements. The applicant's architect should meet with the Building and Safety Division prior to this hearing to review building plans to determine whether the building can be modified to comply with code requirements for an A2.1 occupancy. An oral update will be given at the heating. Environmental Assessment: The application is exempt per Section 15062 of the California Environmental Quality Act. RECOMMENDATION: Staff recommends that the City Planner approve Conditional Use Permit 94-35 through the adoption of the attached Resolution. Respe~, submitted, Dan Coleman'/(~ Principal Planner DC:SH:sp Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Site Plan Exhibit "C" - Floor Plan Exhibit "D" - Information Sheet Resolution of Approval 0 (g 0 0 0 0 October 19, 1994 Dan Coleman, Principal Planner City of Rancho Cucamonga 10500 Civic Center Drive PO Box 807 Rancho Cucamonga, CA 91729 Dear Mr. Coleman The purpose of this letter is to inform you of our intentions for the use of the building located at 9507 Arrow Route, Rancho Cucamonga 91730, part of the Cucamonga Business Park. The building mentioned above will be used as a church, servicing the needs of a congregation of approximately 400 persons in total (This amount includes children.) However, the attendance of 400 is divided between three services. Worship services will be held on Sunday at 9:00 a.m. and 10:30 a.m. and Friday evening at 6:30 p.m. We have held services at these times since we have been located in the Cucamonga Business Park since 1987. Worship services will consist of both a large meeting of adults and smaller classroom meetings of primarily of children. Our largest service is about 150 persons, including children. In addition, meetings of various smaller groups will be held during daytime business hours at various times, however, none of these groups are expected to exceed 50 persons. Meetings of various smaller groups will also take place during evening hours throughout the week, however, none of these meetings are expected to exceed 50 persons. Our paid office staff consists of 4 persons who will occupy the building during regular business hours. In addition, we provide office space for two missions organizations. Occasionally, volunteers will assist paid office staff, but the expected total administrative personnel present in the building at any one time is expected to be no greater than 10. New Hope Community Church has been in existence since 1986, has a sound financial base and is presently growing in population at the rate of 2% per year. Our purpose statement includes service to the community and we presently provide food and clothing for many in the area who are in need, as well as providing a moral and ethical foundation for the citizens of Rancho Cucamonga who attend New Hope. If I can answer any questions you might have about New Hope Community Church, please do not hesitate to call me. rm at your service. Pastor INFORMATION SHEET CONDITIONAL USE PERMIT FILE NO: PROJECT NAME: APPLICANT: LOCATION: FLOOR AREA: 9,426 square feet LAND USE CLASSIFICATION: EXISTING ZONING: Conditional Use Permit 94-35 New Hope Community Church Mike Fisher, Pastor 9507 Arrow Highway Public Assembly General Industrial District (Subarea 3) of the I.S.P. EXISTING LAND USE: GENERAL PLAN DESIGNATION: ADJACENT ZONING/LAND USE: ZONING Multi-tenant Business Park General Industrial North: Low Residential District, Office Professional South: General Industrial District, Subarea 3 oflSP East: General Commercial District West: General Industrial Subarea 3 of lSP SITE DESCRIPTION: SITE SIZE: 18 acres PARKING CALCULATIONS: NOTE: LAND USE Single Family homes; vacant Industrial Buildings Commercial Ctr., drive-thru rest. Vacant Developed with Multi-tenant Industrial Complex Type of Use Sq. Footage Parking Ratio No. of Spaces Rqrd. Church 9,426 1/4 seats 89 (356 seats) There are approximately 115 spaces within a 200-foot radius of the building. Exhibit "D" RESOLgTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-35 FOR NEW HOPE COMMUNITY CHURCH LOCATED IN THE GENERAL INDUSTRIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-021-39. A. Recitals. 1. New Hope Community Church has filed an application for the issuance of Conditional Use Permit No. 94-35, 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 22nd day of November 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 November 22, 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 9507 Arrow Highway with a Arrow Highway frontage of 108.76 feet and lot depth of 612.92 feet and is presently improved with a multiple tenant industrial park; and b. The property to the north of the subject site is multiple family and vacant, the property to the south consists of industrial buildings, the property to the east is a commercial shopping center, and the property to the west is vacant; and c. The applicant is proposing to change buildings within the Cucamonga Business Center primarily because of the need for a larger sanctuary facility; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of CITY PLANNER RESOLUTION CUP 94-35 - NEW HOPE CHURCH November 22, 1994 Page 2 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 Industrial Area Specific Plan, 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 Industrial Area Specific Plan. 4. The City Planner 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 Section 15061(b) (3)of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Planner hereby approves the application subject to each and every condition set forth below: Planning Division 1) Approval, shall expire, unless extended by the City Planner, if building permits are not issued or approved use has not commended within 24 months of this date. 2) Approval of this request shall not waive compliance with any sections of the Industrial Area Specific Plan, 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 City Planner for consideration and possible termination of the use. 4) This approval is for use of the building as a church facility only. Any intensification of use beyond that requested by this application shall require modification to this application. 5) The facility shall be operated in conformance with the performance standards as defined in the Development code including, but not limited to, noise levels. 6) Any additional signs 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. 'CITY PLANNER RESOLUTION CUP 94-35 - NEW HOPE CHURCH November 22, 1994 Page 3 7) Church services or other public assembly (i.e., 50 or more persons) shall be allowed only on weeknights after 5:30 p.m. and on weekends. 8) Any classes associated with the church use shall be limited to the maximum number of parking spaces available based on a ratio of 1/250 square feet, between the hours of 8:00 a.m. and 5:30 p.m., Monday through Friday. This limit need not apply to evening (after 5:30 p.m.) and weekend classes. In no event shall any other class offered exceed the available parking for this lease space. Building and Safety Division/Fire Protection District 1) Assembly shall be limited to 350 persons or the maximum occupancy as specified by the Uniform Building and Fire Codes. 2) Expansion of the sanctuary to an occupancy of 300 or more persons requires plans to be submitted to the Building and Safety Division for review and approval prior to construction of tenant improvements related to the sanctuary expansion. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF NOVEMBER 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Brad Buller, City Planner Shelley Petrelli, Secretary I, Shelley Petrelli, 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 22nd day of November 1994, by the following vote-to-wit: