HomeMy WebLinkAbout93-15 - Resolutions RESOLUTION NO. 93-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 92-33 ALLOWING A MASSAGE ESTABLISHMENT WITHIN
A 1, 610 SQUARE FOOT LEASED SPACE IN AN EXISTING
COMMERCIAL CENTER ON 9 ACRES OF LAND IN THE GENERAL
COMMERCIAL DISTRICT, LOCATED AT 7890 HAVEN AVENUE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-29
A. Recitals.
(i) Claudine Eubank has filed an application for the issuance of
Conditional Use Permit No. 92-33 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 February 10, 1993, and continued to February 24, 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.
(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 February 10, and February 24,
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 7890 Haven
Avenue, #14, within the existing Deer Creek Village Shopping Center; and
(b) The property to the north of the subject site is the Deer
Creek Channel and Flood Control Basin, the property to the south is the
Virginia Dare Shopping Center, the property to the east is the Terra Vista
Town Center and vacant office property, and the property to the west is the
Deer Creek Channel and graded industrial land; and
(c) The application applies to massage services which will
operate from 9 a.m. to 9 p.m. , Monday through Saturday.
(d) In addition to massage, the salon will provide herbal
treatments, facial and skin treatments, and european body wraps. Beauty
supplies will also be sold at the site.
PLANNING COMMISSION RESOLUTION NO. 93-15
CUP 92-33 - CLAUDINE EUBANK
February 24, 1993
Page 2
(e) The business clientele will be limited to female customers
only, until such time as a separate restroom/locker facility is provided for
male customers to the satisfaction of the City Planner and the Administrative
Services Director.
(f) Rancho Cucamonga Municipal code Section 9.24.040 requires
that this application be applied for and approved prior to the Massage
Establishment Permit becoming effective.
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. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby approves the application subject to
each and every condition set forth below.
Planning Division
1) Approval of the required permits for the
massage establishment and the massage
technicians must be granted by the
Administrative Services Director prior to the
operation of the Massage Establishment, in
accordance with the provisions of Ordinance No.
485.
2) Approval of this request shall not waive
compliance with all sections of the Development
Code and all other applicable City Ordinances.
3) If operation of the facility causes adverse
effects upon adjacent businesses or operations,
the Conditional Use Permit shall be brought
before the Planning Commission for
reconsideration and possible termination of the
use.
4) Any sign proposed for the facility shall be
designed in conformance with the comprehensive
PLANNING COMMISSION RESOLUTION NO. 93-15
CUP 92-33 - CLAUDINE EUBANK
February 24, 1993
Page 3
Sign Ordinance and the Uniform Sign Program for
the complex and shall require review and
approval by the Planning Division prior to
installation.
5) The facility shall be operated in conformance
with the requirements as defined in Rancho
Cucamonga Municipal Code Chapter 9.24,
regulating massage establishments and shall
comply with all provisions of the Massage
Establishment Permit.
6) Hours of operation shall be from 9 a.m. to
9 p.m.
7) The business clientele shall be limited to
female customers only while one restroom/locker
facility exists. If a separate restroom/locker
facility is provided to the satisfaction of the
City Planner and the Administrative Services
Director, male customers may also be permitted.
Such a change in the use shall not require
modification to this Conditional Use Permit.
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 24TH DAY OF FEBRUARY 1993.
PLANNING CO . ISSION OF THE CITY OF RANCHO CUCAMONGA
L
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ATTEST: 'ef/dMil- _
Bra.mwer, W
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 24th day of February 1993, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MELCHER