HomeMy WebLinkAbout08-32 - Resolutions RESOLUTION NO. 08-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,APPROVING NON-CONSTRUCTION
CONDITIONAL USE PERMIT DRC2006-01051,A REQUESTTO ESTABLISH
A PRIVATE PAROCHIAL SCHOOL WITHIN THE MULTI-PURPOSE
BUILDING OF 17,733 SQUARE FEETAT AN EXISTING CHURCH COMPLEX
OF ABOUT 4 ACRES IN THE OFFICE PARK(OP)DISTRICT OF THE TERRA
VISTA COMMUNITY PLAN, LOCATED AT 10700 TOWN CENTER DRIVE;
AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1077-422-14.
A. Recitals.
1. Calvary Chapel filed an application for the issuance of Non-Construction Conditional Use
Permit DRC2006-01051, as described in the title of this Resolution. Hereinafter in this Resolution,
the subject Development Review request is referred to as "the application."
2. On the 9th day of July 2008,the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on said 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 July 9, 2008, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. Calvary Chapel was reviewed through Conditional Use Permit DRC2002-00290. At
that time, two phases of development were proposed. The first phase was reviewed and approved
by the Planning Commission at a public hearing held on September 11, 2002, while the second
phase was approved by the City Planner on August 4, 2004; and
b. The application applies to a parcel of about 500 feet by 350 feet with an area of
about 178,600 square feet (4.1 acres), located west of Elm Avenue West between Town Center
Drive and Church Avenue; and
C. The property is bound on the east by vacant property;on the north by an apartment
complex;on the south by the Terra Vista Town Center; and on the west by the Terra Vista Business
Park; and
d. The church is comprised of two buildings - a primary worship center of
21,500 square feet and a multi-purpose room of 17,733 and outdoor recreational areas; and
e. The project site is fully developed, and aside from interior improvements, no new
construction is proposed; and
PLANNING COMMISSION RESOLUTION NO. 08-32
DRC2006-01051— CALVARY CHAPEL
July 9, 2008
Page 2
f. The applicant proposes to add a private school use within the multi-purpose room
for children between kindergarten and 6th grade that will operate Monday through Friday,8:00 a.m.
to 4:00 p.m.; and
g. The required parking for churches and similar places of assembly is dictated by the
size of the sanctuary/worship area as it is the dominant use and has the highest parking demand.
At 1 stall per 35 square feet of this area, the required parking for this area (374 parking stalls)
exceeds the required parking for the school use (55 parking stalls). School activities will not
coincide with church activities; therefore, no parking conflict is anticipated.
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 development 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. The proposed
project is to establish a parochial/private school within an existing multi-purpose building.
b. The proposed development,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. The surrounding properties are zoned Office Park, and the
surrounding uses are office oriented.
C. The proposed development complies with each of the applicable provisions of the
Development Code. The proposed development meets all standards outlined in the Development
Code and the design and development standards and policies of the Planning Commission and the
City.
4. The Planning Department Staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines
Section 15301 Existing Facilities as the project consists of the permitting and operation of existing a
private structure/facility involving negligible or no expansion of use beyond that existing. There is no
substantial evidence that the project may have a significant effect on the environment. The
Planning Commission has reviewed the Planning Department's determination of exemption, and
based on its own independent judgment, concurs in the staff's determination of exemption.
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.
Planning Department
1) Approval is for the establishment of a private parochial school within
the multi-purpose building of an existing church located in the Office
Park(OP) District,Terra Vista Community Plan, at 10700 Town Center
Drive - APN: 1077-422-14.
2) The applicant shall continue to comply with all applicable conditions of
approval as provided in Conditional Use Permit DRC2002-00290.
PLANNING COMMISSION RESOLUTION NO. 08-32
DRC2006-01051— CALVARY CHAPEL
July 9, 2008
Page 3
3) The operating hours for the school shall be Monday through Friday
8:00 a.m. to 4:00 p.m., Holidays and special events are permitted to
occur outside of the specified time period.
4) Passenger loading and unloading shall be restricted to the on-site
parking lot. Parking (including temporary parking) in the public
right-of-way is not permitted.
5) Maximum occupancy of the multi-purpose building is subject to
occupancy limits as specified by the Fire Department.
6) 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.
7) The church shall operate in conformance with the performance
standards as defined in the Development Code including, but not
limited to, noise levels. If the operation of the facility causes adverse
effects upon adjacent businesses or operations, the Conditional Use
Permit shall be brought before the Planning Director for consideration
and possible revocation of the Conditional Use Permit.
8) Any modification of the operating hours or days or any intensification of
the use beyond what is specifically approved by Conditional Use
Permits DRC2002-00290 and DRC2006-01051 shall require review
and approval by the City Planner.
Building and Safety Department
Change of Occupancy Standard Conditions for Existing Structures
1) An Occupancy Change is required because of the scope of the project.
Submit plans to the Building and Safety Department to determine
compliance for the proposed use.
2) Provide compliance with the California Building Code (CBC) for use,
area, and fire-resistiveness of existing buildings.
3) The project shall be designed to comply with the CBC regarding mixed
occupancy ratio.
4) Provide the required restroom facilities per Chapter 4 of the CPC.
5) All exiting must comply with the requirements of CBC Chapter 10
(adjoining rooms, rated corridors, door swings, separation of exits,
etc.).
6) Accessibility for the disabled must be provided to the school and
church buildings in accordance with the 2001 CA Building Code.
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2006-01051
SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT
APPLICANT: CALVARY CHAPEL
LOCATION: 10700 TOWN CENTER DRIVE - APN: 1077-422-14
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements Completion Date
1. 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.
2. Copies of the signed Planning Commission Resolution of Approval No. 08-32, Standard
Conditions, and all environmental mitigations shall be included on the plans (full size). The
sheet(s) are for information only to all parties involved in the construction/grading activities and
are not required to be wet sealed/stamped by a licensed Engineer/Architect.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to
the Planning Commission or Planning Director hearing:
a) Notice of Exemption -$50 X
b) Notice of Determination - $50
c) Mitigated Negative Declaration - $ 1,926.75
d) Environmental Impact Report - $2,656.75
SC-1-05 1
11PLANNINGTINALTLNGCOMM2008 Res&SO rep\DRC2006-01051SWCond 7-9.do
Project No.dre2006-01051
Completion Date
B. Time Limits
1. 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.
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include
site plans,architectural elevations, exterior materials and colors,landscaping,sign program,and
grading on file in the Planning Department, the conditions contained herein, and the
Development Code regulations.
2. Prior to any use of the project site or business activity being commenced thereon, all Conditions
of Approval shall be completed to the satisfaction of the Planning Director.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
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PLANNING COMMISSION RESOLUTION NO. 08-32
DRC2006-01051—CALVARY CHAPEL
July 9, 2008
Page 4
7) Upon tenant improvement/occupancy change plan check submittal,
additional requirements may be required.
Fire Construction Services Standard Conditions
1) Submit for Plan Check for the alterations to the building the fire
sprinkler and the fire alarm systems. These alterations will require plan
check review approval and Fire Construction Services building permits.
Please prepare the necessary documents for plan check and submit.
Do not begin work until the necessary permits are obtained. Issuance
of a Certificate of Occupancy and the necessary Fire permits will be
required before conducting school business.
6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF JULY 2008.
PLANNING COYMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Pam a Chairman
ATTEST: g
Ja I
R. Troyer, AICP, Secret ry
I,James R.Troyer,AICP, 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 9th day of July 2008, by the following vote-to-wit:
AYES: COMMISSIONERS: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLETCHER