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HomeMy WebLinkAbout90-28 - Resolutions RESOLUTION NO. 90-28 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 90-02 FOR A PERSONAL SERVICE LOCATED IN THE LEASED SPACE OF 1 ,039 SQUARE FEET WITHIN AN EXISTING OFFICE BUILDING LOCATED ON 1.05 ACRES OF LAND IN THE HAVEN AVENUE OVERLAY DISTRICT OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 8325 HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-622-35 . A. Recitals. ( i ) Kevin Bushey has filed an application for the issuance of Conditional Use Permit No. 90-02 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application" . ( ii ) On the 28th of February, 1990 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. ( iii ) All legal prerequisites 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 February 28, 1990, 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 8325 Haven Avenue with a street frontage of 245.41 feet and lot depth of 117.50 feet and is presently improved with an office building and parking spaces; and (b) The property to the north of the subject site is an office building under construction, the property to the south of the site consists of an existing restaurant, the property to the east is an existing shopping center, and the property to the west is an existing vineyard; and (c) The subject property consists of office and medical uses; and (d) There is sufficient parking available for the proposed use; and PLANNING COMMISSION RESOLUTION NO. 90-28 CUP 90-02 - KEVIN BUSHEY February 28, 1990 Page 2 (e) Hours of operation are proposed to be from 7:30 a.m. to 10:00 p.m. , Monday through Friday, and 7 :30 a.m. to 5 :00 p.m. Saturdays and Sundays. The majority of tenants within the complex have business hours between 8:00 a.m. and 5 :00 p.m. , Monday through Friday. 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) That the proposed use is in accord with the General Plan, the objectives of the Development Code, 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 Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and , further, this Commission hereby issues a Negative Declaration. 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 ) Approval shall expire, unless extended by the Planning Commission, if approved use has not commenced within twenty-four (24) months from the date of approval . 2) Any modification, expansion, or other change in operation will require a revision to the Conditional Use Permit. 3) Approval of this request shall not waive compliance with all sections of the Development Code, Industrial Area Specific Plan, and all other City Ordinances. PLANNING COMMISSION RESOLUTION NO. 90-28 CUP 90-02 - KEVIN BUSHEY February 28, 1990 Page 3 4) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including, but not limited to parking, this Conditional Use Permit shall be brought back before the Planning Commission for consideration and possible termination of the use. 5) Any sign proposed for the facility shall be designed in conformance with the City' s Sign Ordinance and any Uniform Sign Program for the complex, and shall require review and approval by the Planning Division prior to installation. 6) The Conditional Use Permit is approved for a maximum of 10 students and 3 faculty. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF FEBRUARY, 1990. PLANNING COMMI SION OF THE CITY OF RANCHO CUCAMONGA BY: a/ , Larry Tad Niel , Ch. 'rman /r' ATTEST: A�„.,4 _ !..._ :rad Bul , Sliprry 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 28th day of February, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WEINBERGER