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HomeMy WebLinkAbout91-26 - Resolutions RESOLUTION NO. 91-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 91-05 FOR THE REQUEST TO ESTABLISH A DANCE STUDIO IN A LEASED SPACE OF 3,150 SQUARE FEET WITHIN AN EXISTING MULTI-TENANT INDUSTRIAL COMPLEX IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 3) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 9495 9TH STREET, SUITES 101 AND 102, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-032-24. A. Recitals. (i) Jill Bordato has filed an application for the issuance of Conditional Use Permit No. 91-05 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 13th day of March 1991, 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 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 March 13, 1991, 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 9495 9th Street with a street frontage of 375 feet and lot depth of 300 feet and is presently improved with two industrial buildings totaling 44,540 square feet and 111 parking spaces; and (b) The property to the north and east of the subject site contains industrial buildings, the property to the south is vacant, and the property to the west contains a single family residence; and (c) The application proposes to offer Jazzercise dance classes between the hours of 9:00 a.m. to 10:30 a.m. and 4:00 p.m. to 8:30 p.m. Monday through Friday and 7:30 a.m. to 10:30 a.m. on Saturdays. PLANNING COMMISSION RESOLUTION NO. 91-26 CUP 91-05 - JILL BORDATO March 13, 1991 Page 2 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, 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 and incorporated herein by this reference. 1) Approval of this request shall not waive compliance with all sections of the Industrial Area Specific Plan and all other City ordinances. 2) If operation of the facility causes adverse effects upon adjacent businesses or operations including, but not limited to, noise, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 3) Occupancy of the facility shall not commence until such time as all Uniform Building Code and Uniform Fire Code regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 4) Any sign proposed for the facility shall be designed in conformance with the comprehensive Sign Ordinance, any Uniform Sign Program for the complex, and shall require review and approval by the Planning Division prior to installation. PLANNING COMMISSION RESOLUTION NO. 91-26 CUP 91-05 - JILL BORDATO March 13, 1991 Page 3 5) The facility shall be operated in conformance with the performance standards for Subarea 3, including, but not limited to, noise levels. 6) Attendance of Jazzercise dance classes between 8 a.m. and 5 p.m. on weekdays shall be limited to a maximum of 8 people, including all employees. Attendance on weekends and weekday classes before 8 a.m. and after 5 p.m. are limited to the maximum occupancy approved by the Fire District. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MARCH 1991. PLANNING CO. ISSION OF THE CITY OF RANCHO CUCAMONGA (0 BY: All/, _ice \ t Larry cNiel, . .irman ATTEST: ______ st. Br.d Bu er, ary 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 March 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE •