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HomeMy WebLinkAbout93-69 - Resolutions RESOLUTION NO. 93-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-21 FOR AN INDOOR SHOOTING RANGE LOCATED IN AN EXISTING BUILDING IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 2) OF THE INDUSTRIAL AREA SPECIFIC PLAN AT 9049 9TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-013-037 A. Recitals. (i) Robert L. Fisher, Senior has filed an application for the issuance of Conditional Use Permit No. 93-21 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 25th day of August 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 August 25, 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 9049 9th Street which is presently improved with a concrete tilt-up building, parking lot, and landscaping; and (b) The property to the north of the subject site is a distribution building, the property to the south of that site consists of a manufacturing business, the property to the east is a vacant industrial building, and the property to the west is a graphics business; and (c) The application contemplates the operation of an indoor shooting range with 12 firing stations plus incidental retail and instruction; and (d) The proposed hours of operation are Monday through Friday, 11 AM to 9 PM; Saturday, 11 AM to 7 PM; and Sunday, 11 AM to 6 PM. PLANNING COMMISSION RESOLUTION NO. 93-69 CUP 93-21 - ROBERT L. FISHER, SR. August 25, 1993 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 and the Industrial Specific Plan. 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 and in the attached Standard Conditions, attached hereto and incorporated herein by this reference. SPECIAL CONDITIONS OF APPROVAL Planning Division: 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) Approval is granted for an indoor shooting range with incidental retail and instruction. 3) The facility shall be operated in conformance with the performance standards of the Industrial Area Specific Plan. 4) The parking lot shall be restriped per City standards to provide at least 18 spaces. 5) The building shall be repainted prior to commencement of the use. The proposed color scheme shall be reviewed and approved by the City Planner. 6) If operation of the facility causes adverse effects upon adjacent businesses or operations, such as noise or parking, the Conditional Use Permit shall be brought before the Planning Commission for reconsideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 93-69 CUP 93-21 - ROBERT L. FISHER, SR. August 25, 1993 Page 3 7) Occupancy of the facility 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 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. 8) Applicant shall obtain all necessary state and/or federal licenses for the sale of firearms. This permit shall not be considered as a license to sell firearms. 9) Any signs shall require separate review and approval of a Sign Permit. 10) The applicant shall obtain a business license from the City of Rancho Cucamonga. Engineering: 1) Revised the existing street improvement plans for 9th Street to show existing drive approach, tree, and street light locations, as well as the proposed sidewalk and street trees (see Standard Conditions) , along the project frontage. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25 DAY OF AUGUST 1993. PLANNING CySSION OF THE CITY OF RANCHO CUCAMONGA BY: ah_�✓ arr© . Niel, Chairman Pr ATTEST: asst Brad rr , ry 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 25 day of August 1993, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA @I4V ®R DEPARTMENT OF maGo© © CII3©a181o11141a COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT#: C ON DlrInKi u- Use P&r&mTT cl 3-21 SUBJECT: Is aOOt SHooriwG RAUcE APPLICANT: RosFftr L, risl'1ER SR. LOCATION: 09- 9 Tb. SrRtEr Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION , (714) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ( see specto,t- Cok)D1r10A)S') A. Time Limits Completion Colic 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 approv- . 2. velopment/Desgn Review shall be approved prior to / / , 3. Approval o Tentative Tract No. is granted subject to e approval of ��- 4. The developer shall com :nee,participate in,and consumma = or cause to be commenced, ��- participated in, or consum : •, a Mello-Roos Commun'• acilities District (CFD) for the Rancho Cucamonga Fire Protect • District to fina : ••nstruction and/or maintenance of a fire station to serve the developme . The static• hall be located,designed, and built to all specifications of the Rancho Cucamo F' = Protection District, and shall become the District's property upon completion. The , • ent shall be selected by the District in accordance with its needs. In any bui •• • of a st. '•n, the developer shall comply with all applicable laws and regulations. Th: FD shall be fo :,• by the District and the developer by the time recordation of the fi . map occurs. 5. Prior to recordation of the nal map or the issuance of building •: • its, whichever comes / /- first, the applicant sh. consent to, or participate in, the establish : of a Mello-Roos Community Facilit : District for the construction and maintenance of : essary school facilities. How: •er, if any school district has previously established such - Community Facilities D': riot, the applicant shall, in the alternative, consent to the annexa of the project • e into the territory of such existing District prior to the recordation of the ft -I map or t : issuance of building permits, whichever comes first. Further, if the affected sc •.1 riot has not formed a Mello-Roos Community Facilities District within twelve months fro • 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. SEE PAGES B - IZ co rt EK/CrOJEEYQING sc - 2/91 1 of 12 COwoiriosjs. • fur " 6. As a custom-lot subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safety Division priorto final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto J—J- or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c.On-site drainage improvements, necessary for dewatering and protecting the subdivided --�- properties, are to be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety _1 J— Division for approval prior to issuance of building and grading permits.(This may be on an incremental or composite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses JJ- or planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applicant/developer from compliance with the slope planting requirements of Section 17.08.040 I of the Development Code. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714)989-1862,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails,etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets ��- (measured from street certterene): total feet on total feet on total feet on total feet on 3. An irrevocable offer of dedication for -foot wide roadway easement shall be made for all private streets or drives. 4. Non-vehicular access shall be dedicated to the City for the following streets: —'— — 5. Reciprocal axes& easements shall be provided ensuring access to all parcels by CC&Rs — _ or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. SC 2/91 s of 12 _ 93-21 6. Private drainage easements forcross•lot drainage shall be provided and snail be delineated or noted on the final map. — — — 7. The final map shall clearly delineate a 10-foot minimum building restriction area on the neighboring lot adjoining the zero lot line wall and contain the following language'. '7/We hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction of(residential) buildings(or other structures) within those areas designated on the map as building restriction areas.' A maintenance agreement shall also be granted from each lot to the adjacent lot through the CC&A's. 8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on ��- the final map. 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City wherever they encroach onto private property. 10.Additional street right-of-way shall be dedicated along right turn lanes,to provide a minimum _/_/_ of 7 feet measured from the face of curbs. If curb adjacent sidewak is used along the right turn lane, a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision.Security i for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at developers cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. M. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos. ��- landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. A minimum of 26-foot wide pavement,within a 40 -foot wide dedicated right-of-way shall be I _j /_ constructed for all halt-sectlon streets. ✓ 3. Construct the following perimeter street improvements including, but not limited to: i _ SHEET NAME CURB& AC. SIDE DRIVE STREET STREET COMM. MEDIAN OTHER GUTTER PVMT WALK APPR. UGHT5 TREES TRAIL ISLAND Oak St. ✓ (e) • sC 2/91 9 of 12 CUP 93-21 Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, side- walk shall be curvilinear per STD. 304. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 00 ;4 necika ✓ 4. Improvement plans and construction: a. Street improvement plans including street trees and street lights, prepared by a regis- JJ- tered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improve- ments,prior to final map approval or the issuance of building permits,whichever occurs first. b. Prior to any work being performed in public right-of-way,fees shall be paid and a JJ- construction permit shall be obtained from the City Engineers Office in addition to any other permits required. c. Pavement striping, marking, traffic, street name signing, and interconnect conduit JJ- shall be installed to the satisfaction of the City Engineer. d. Signal conduit with cull boxes shall be inst alled on any new construction or reconstruction of major, secondary or collector streets which intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR,ECR or any other locations approved by the City Engineer. Notes: JJ__ (1) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch galvanized steel with pulirope. e. Wheel chair ramps shall be installed on all four corners of intersections per City JJ- Standards or as directed by the City Engineer. f. Existing City roads requiring construction shah remain open to traffic at all times with —/—/— adequate detours during construction. A street closure permit may be required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not boss sidewaks. Under sidewalk drains shall be installed to City Standards, except for single family lots. h. Handicap access ramp design shall be as specified by the City Engineer. _JJ— i. Street names shall be approved by the City Planner prior to submittal for first plan check. J—J- 5. Street improvement plans per City Standards for all private streets shall be provided for JJ review and approval by the City Engineer. Prior to any work being performed on the pn- 'I vate streets, fees shall be paid and construction permits shall be obtained from the City Engineers Office in addition to any other permits required. 6. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in with the City's street tree program? ; weed E - SC 2/91 IOo( 12 / CPP Q3-l( V7. Intersection line of site uesigns shall be reviewed by the City Enginecl for conformance with adopted policy. , _'- a. On collector or larger streets, lines of sight shall be plotted for all project intersections. including driveways.driveways. Walls, signs. and slopes shall be located outside the lines of sight. • Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved, usually by moving the 2+1-closest street trees on each side away from the street and placed in a street tree easement. 8. A permit shall be obtained from CALTRANS for any work within the following right-of-way: ��- 9. All public improvements on the following streets shall be operationally complete prior to the J�- issuance of building permits: N. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards J�- shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscape parkways, medians, paseos, easements, trails, or other areas are required to be annexed into the Landscape Maintenance District: 2. A signed consent and waiver form to pin and/or form the appropriate Landscape and Lighting _J__J__ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 3. All required public landscaping and irrigation systems shall be continuously maintained by the J�- developer until accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective __J Beautification Master Plan: O. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone:therefore, flood protection measures shall be provided as candied by a registered Civil Engineer and approved by the City Engineer. 2. It shall be the developers responsibility to have the current FIRM Zone I designation removed removed from the project area. The developers engineer shall prepare all necessary reports, plans, and hydrologitlhydraulio calculations. A Conditional Letter of Map Revision (CLOMP) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance,whichever occurs first. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuanCe of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. SC • 2/91 1 t of 12 CUp43-Li 4. A permit from the County Flood Control District is required for work within rts rignt-ot-way. L 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. —��- 6. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street. P. Utilities 1.Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power,telephone, and cable TV(all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2.The developer shall be responsible for the relocation of existing utilities as necessary. 3.Water and sewer plans shall be designed and constructed to meet the requirements of the JJ— • Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District. and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CC WD is required prior to final map approval or issuance of permits, whichever occurs first. 0. General Requirements and Approvals 1.The separate parcels contained within the project boundaries shall be legally combined into �J- one parcel prior to issuance of building permits. 2. An easement for a joint use driveway shall be provided prior to final map approval or J�- issuance of building permits, whichever occurs first, for: • 3.Prior to approval of the final map a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 4. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan JJ- Drainage Fees shall be paid prior to final map approval or prior to building permit issuance it no map is involved. 5. Permits shall be obtained from the following agencies for work within their right-of-way: 6.A signed consent and waiver form to join and/or form the Law Enforcement Community ��- Facilities District shad be filed with the City Engineer prior to final map approval or the issuance of building permits, whichever oavrs first. Formation costs shall be borne by the Developer. 7. Prior to finalization of any development phase, sufficient improvement plans shall be com- pleted beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown • on the approved tentative map. • SC 2/91 12 or 12