HomeMy WebLinkAbout93-109 - Resolutions RESOLUTION NO. 93-109
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 93-43, A REQUEST TO ESTABLISH A CHIROPRACTIC
OFFICE WITHIN AN EXISTING OFFICE COMPLEX IN THE GENERAL
INDUSTRIAL DESIGNATION (SUBAREA 4) OF THE INDUSTRIAL AREA
SPECIFIC PLAN, LOCATED ON THE EAST SIDE OF ARCHIBALD
AVENUE, SOUTH OF 6TH STREET (9375 ARCHIBALD AVENUE, SUITE
111) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-
071-63 AND 64.
A. Recitals.
1. Sharon Martinez has filed an application for the issuance of
Conditional Use Permit No. 93-43 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 21st day of December 1993, 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 December 21, 1993, 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 9375 Archibald
Avenue, Suite 111, which is presently developed with an office complex; and
b. The property to the north of the subject site is designated
for industrial uses and is developed with an electrical substation, the
properties to the south and east are designated for industrial uses and are
developed with industrial buildings, and the property to the west is
designated for industrial uses and developed with a single family residence;
and
c. The establishment of a chiropractic office is consistent with
the General Industrial designations of the Industrial Area Specific Plan and
the General Plan; and
PLANNING COMMISSION RESOLUTION NO. 93-109
CUP 93-43 - MARTINEZ
December 21, 1993
Page 2
d. The application, together with the attached conditions of
approval, will comply with all applicable standards of the Development Code.
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. Pursuant to State CEQA Guidelines, it has been determined that
the proposed project does not have the potential for causing significant
effects on the environment. The project has been determined to be exempt from
CEQA pursuant to Section 15061(b) (3) . The Planning Commission, having final
approval over this project, has reviewed and considered this exemption
including the comments received during the public review process, prior to the
approval of this project.
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 Division
1) If operation of the facility causes adverse
effects upon adjacent businesses or operations,
including, but not limited to, noise, vibration,
or parking, the Conditional Use Permit shall be
brought before the Planning Commission for
consideration and possible termination of the
use.
2) Any signs proposed for the facility shall be
designed in conformance with the Uniform Sign
Program for the Archicenter and the Comprehensive
Sign Ordinance and shall require review and
approval by the Planning Division prior to
installation.
3) The applicant shall obtain and maintain a valid
Business License.
PLANNING COMMISSION RESOLUTION NO. 93-109
CUP 93-43 - MARTINEZ
December 21, 1993
Page 3
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ' 0• ' I THIS 2 T DAY OF DECEMBER 1993.
PLANNI G Cb .• .; ON OF6 ', RANCHO CUCAMONGA
BY: 4 J i
jM!
Ivry. .a
Aggi
ATTEST: Ora/
Dan Coleman, Acting Secretary
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 21st day of December 1993, by the following vote-to-wit: '
AYES: COMMISSIONERS: BARKER, LUMPP,, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
CoYb OF DEPARTMENT OF
MINCOGO COC&011100.1064 COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT#: 4Vff4%P/ /
c *%Y 73-44.7
SUBJECT: A/en/Wa ne cgfe
APPLICANT: l rda dLiebe ney
LOCATION: 9775 4S/WIIMe
CXd/rr NI
Those items checked are Conditions of Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION , (714)989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Limits Salt l S11
1. Approval shall expire,unless extended by the Planning Commission,if building permits are �—�-
not issued or approved use has not commenced within 24 months from the date of approval.
2. Development/Design Review shall be approved prior to / / , J�-
3. Approval of Tentative Tract No. is granted subject to the approval of �—J-
4. The developer shall commence,participate in,and consuninate orcause to be commenced, ��-
participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a fire station to serve the development. The station shall be located,designed, and built to
all specifications of the Rancho Cucamonga Fire Protection District, and shall become the
Districts property upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station,the developer shall comply with all
applicable laws and regulations.The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
5. Prior to recordation of the final map or the issuance of building permits, whichever comes ..J /-
first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos
Community Facilities District for the construction and maintenance of necessary school
facilities. However, it any school district has previously established such a Community
Facilities District, the applicant shall, in the alternative, consent to the annexation of the
project site into the territory of such existing District prior to the recordation of the final map
or the issuance of building permits, whichever comes first. Further, if the affected school
district has not formed a Mello-Roos Community Facilities District within twelve months from
the date of approval of the project and prior to the recordation of the final map or issuance
of building permits for said project, this condition shall be deemed null and void.
SC - 2/91 140. 3
PT«,\-140173 4
Ca„aena D"
This condition shall be waived if the City receives notice that the applicant and all affected
school districts have entered into an agreement to privately accommodate any and all school •
impacts as a result of this project.
6. Prior to recordation of the final map or prior to issuance of building permits when no map is
involved,written certification from the affected water district that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the
Department of Community Development. Such letter must have been issued by the water
district within 90 days prio rto final map approval in the case of subdivision or priorto issuance
of permits in the case of all other residential projects.
8. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which JJ-
include site plans, architectural elevations,exterior materials and colors,landscaping,sign
program, and grading on file in the Planning Division, the conditions contained herein,
Development Code regulations, and
Specific Plan and
Planned Community.
2. Prior to any use of the project site or business activity being commenced thereon, all _J
Conditions of Approval shall be completed to the satisfaction of the City Planner.
1/ 3. Occupancy of the facility shall not commence until such time as all Uniform Building Code and
State Fire Fire Marshall's 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. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_
submitted for City Planner review and approval prior to issuance of building permits.
5. All site,grading,landscape, irrigation,and street improvement plans shall be coordinated for J—J-
consistency prior to issuance of any permits(such as grading,tree removal,encroachment,
building , etc.), or prior to final map approval in the case of a custom lot subdivision, or
approved use has commenced, whichever comes first.
6. Approval of this request shall not waive compliance with all sections of the Development JJ-
Code, all other applicable City Ordinances, and applicable Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and —J___I-
Sheriff's Department (989-6611) prior to the issuance of building permits. Such plan shall
indicate style, illumination, location, height, and method of shielding so as not to adversely
affect adjacent properties.
8. If no centralized trash receptacles are provided,all trash pick-up shall be for individual units i __i__1
with all receptacles shielded from public view.
•
9. Trash receptacle(s)are required and shall meet City standards. The final design,locations. — —'-
and the number of trash receptacles shall be subject to City Planner review and approval
prior to issuance of building permits.
10.All ground-mounted utility appurtenances such as transformers.AC condensers,etc., shall __
be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Guy
Planner.
sc - 2/91 2 9°3
P'o,ect N40 ¢3
Completion Date'.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
✓ 1. The applicant shall comply with the latest adopted Uniform Building Code,Uniform Mechani-
cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes,
ordinances, and regulations in effect at the time of issuance of relative permits. Please
contact the Building and Safety Division for copies of the Code Adoption Ordinance and
applicable handouts.
2. Prior to issuance of building permits for a new residential dwelling unit(s)or major addition JJ-
to existing unit(s),the applicant shall pay development fees at the established rate. Such fees
may include,but are not limited to:City Beautification Fee,Park Fee,Drainage Fee,Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of building permits for a new commercial or industrial development or JJ-
addition to an existing development, the applicant shall pay development fees at the
established rate. Such fees may include,but are not limited to:Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
4. Street addresses shall be provided by the Building Official,after tracVparcel map recordation _1_1_
and prior to issuance of building permits.
J. Existing Structures
1. Provide compliance with the Uniform Building Code for the property line clearances
considering use, area, and fire-resistiveness of existing buildings.
2. Existing buildings shall be made to comply with correct building and zoning regulations for JJ-
the intended use or the building shall be demolished.
3. Existing sewage disposal facilities shall be removed,filled and/or capped to comply with the JJ-
Uniform Plumbing Code and Uniform Building Code.
4. Underground on-site utilities are to be located and shown on building plans submitted for
building permit application.
K. Grading
1. Grading of the subject property shall be in accordance with the Uniform Building Code,City J�-
Grading Standards, and accepted grading practices. The final grading plan shall be in
substantial conformance with the approved grading plan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California to J�-
perform such work.
3. The development is located within the soil erosion control boundaries; a Soil Disturbance JJ
Permit is required.Please contact San Bernardino County Department of Agriculture at(714)
387-2111 for permit application. Documentation of such permit shall be submitted to the City
prior to the issuance of rough grading permit.
4. A geological report shall be prepared by a qualified engineer or geologist and submitted at I — — -
the time of application for grading plan check.
5. The final grading plans shall be completed and approved prior to issuance of building permits. • — —
SC - 2/91 3 ec3