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HomeMy WebLinkAbout04-21 - Resolutions RESOLUTION NO. 04-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2003-01015, THE REQUEST TO ESTABLISH AN OFFICE USE WITHIN THE HISTORIC NORTON-FISHER HOUSE, LOCATED AT 7165 ETIWANDAAVENUE, IN THE LOW-MEDIUM RESIDENTIAL DISTRICT(4-8 DWELLING UNITS PER ACRE), ETIWANDA OVERLAY DISTRICT, AND COMMUNITY SERVICES OVERLAY DISTRICT OF THE ETIWANDA SPECIFIC PLAN;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-131-24. A. Recitals. 1. West End Family Counseling Services filed an application for the issuance of Conditional Use Permit DRC2003-01015, 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 11th day of February 2004, 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 the substantial evidence presented to this Commission during the above- referenced public hearing on February 11, 2004, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 7165 Etiwanda Avenue,with a street frontage of 39.92 feet and lot depth of 189.50 feet, and is presently improved with an existing local historic landmark (Norton-Fisher House); and b. The property to the north of the subject site is vacant railroad right-of-way and a lumberyard, the property to the south and east consists of the Grapeland Elementary School, and the property to the west includes a church and the historic Chaffey-Garcia House and Chaffey-Isle House; and C. The Norton-Fisher House is a single story structure, constructed on a raised foundation, that includes a total of 1,602 square feet; and d. The applicant proposes to establish a minor office use to conduct counseling, parent education classes, and training seminars; and e. The applicant proposes to operate an office use with a staff of three persons between 9:00 a.m. to 3:00 p.m., Monday through Thursday, and clinical activities during the PLANNING COMMISSION RESOLUTION NO. 04-21 DRC2003-01015 —WEST END FAMILY COUNSELING SERVICES February 11, 2004 Page 2 afternoons and evenings between the hours of 3:00 p.m. and 8:00 p.m., Monday, Tuesday, and Wednesday. Clinical activities typically have between 3 to 7 participants, and occasionally up to 20 persons in attendance; and f. In July 2002, the City and the Etiwanda School District entered into a Joint Use Agreement to accommodate for any parking needs for both the school and the house. The Joint Use Agreement identifies that the school district has exclusive use of the parking lot during school hours (7:00 a.m. to 4:30 p.m.), and the City has exclusive use during non-school hours. 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. 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. 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. The proposed use complies with each of the applicable provisions of the Development Code. d. The proposed use or project will not have an adverse impact on the quality of surrounding residential areas. e. The proposed use or project meets the intent of the Community Services Overlay District, and will enhance the visual and historical character of Etiwanda Avenue and its immediate surroundings. 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 (CEQA) 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, this Commission hereby approves the application subject to each and every condition set forth below: Planning Division: 1) This Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 2) Approval of this request shall not waive compliance with any sections of the Etiwanda 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 PLANNING COMMISSION RESOLUTION NO. 04-21 DRC2003-01015—WEST END FAMILY COUNSELING SERVICES February 11, 2004 Page 3 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) No modification to the exterior of the Norton-Fisher House is permitted without the express approval of the Historic Preservation Commission and the Planning Commission for review of a Landmark Alteration Permit. 7) The applicant shall limit hours of operation to between 9:00 a.m. and 8:00 p.m., Monday through Friday, and the clinical hours of operation shall be limited to be between the hours of 3:00 p.m. and 8:00 p.m., Monday through Friday, except for occasional evening or weekend special events. Any modification to the approved hours of operation will require a modification to this Conditional Use Permit. 8) On a regular basis, the applicant shall coordinate the scheduling of events and activities with the Etiwanda School District to avoid conflicts and to ensure adequate parking is available. 9) The applicant shall enter into a lease agreement with the City prior to the issuance of any permits or the construction of any physical improvements to the Norton-Fisher House. This lease agreement will require the approval of the City Council. 10) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers,or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 04-21 DRC2003-01015—WEST END FAMILY COUNSELING SERVICES February 11, 2004 Page 4 w BY: L rry T. Niel, Vice Chairman ATTEST: ' Brad B SecrefW 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 11th day of February 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE 1 .ABSENT: COMMISSIONERS: MACIAS