The URL can be used to link to this page

Home My WebLink About93-90 - Resolutions RESOLUTION NO. 93-90 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-42 A REQUEST TO ESTABLISH A CHURCH IN A LEASED SPACE OF 3,168 SQUARE FEET WITHIN THE BURKE TRADEMARK BUSINESS CENTER, LOCATED WITHIN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6) OF THE INDUSTRIAL AREA SPECIFIC PLAN AT 10261 TRADEMARK STREET, SUITE B, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-441-19. A. Recitals. 1. Church of Christ of Rancho Cucamonga has filed an application for the issuance of Conditional Use Permit No. 93-42, 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 27th day of October 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 October 27, 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 10261 Trademark Street, Suite B within the Burke Trademark Business Center, which has a Trademark Street frontage of 307.97 feet and lot depth of 754.35 feet and is improved with a multiple tenant industrial park with 407 parking spaces; and b. The property to the north and south of the subject site is vacant, the property to the east is a multiple tenant industrial park and vacant, and the property to the west is a concrete flood control channel and vacant; and c. The applicant proposes to conduct church services from 9 a.m. to 11 a.m. and 6 p.m. to 7 p.m. on Sundays and 7:30 p.m. to 8:30 p.m. on Wednesdays; and PLANNING COMMISSION RESOLUTION NO. 93-90 CUP 93-42 - CHURCH OF CHRIST OF RANCHO CUCAMONGA October 27, 1993 Page 2 d. The application is located adjacent to an existing medical clinic, which operates primarily during regular weekday business hours. All other contiguous space is currently vacant. 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 Industrial Area Specific Plan. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 93-90 CUP 93-42 - CHURCH OF CHRIST OF RANCHO CUCAMONGA October 27, 1993 Page 3 5. 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 is granted for church use only. 2) Approval of this request shall not waive compliance with all sections of the Industrial Area Specific Plan and all other City ordinances. 3) If operation of the facility causes adverse effects upon adjacent businesses or operations, including but not limited to parking or noise, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 4) Occupancy of the facility shall not commence until such time as all Uniform Building and 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. 5) The maximum occupancy of the facility shall be limited as specified by the occupancy requirements of the Rancho Cucamonga Fire Protection District and posted as such to the satisfaction of the Fire District prior to occupancy. 6) Any signs proposed for the facility shall be designed in conformance with the comprehensive Sign Ordinance and/or any applicable Uniform Sign program for the Burke Trademark Business Center and shall require review and approval by the Planning Division prior to installation. 7) Church services shall be conducted entirely within an enclosed building, except for off-site special events approved through a separate Temporary Use Permit. PLANNING COMMISSION RESOLUTION NO. 93-90 CUP 93-42 - CHURCH OF CHRIST OF RANCHO CUCAMONGA October 27, 1993 Page 4 8) Hours of operation for services or other large assemblies shall be limited to weekends and after 5:30 p.m. on weekdays, excluding national holidays. 9) Pursuant to provisions of California Public Resources Code Section 21089(b) , this application shall not be operative, vested or final, nor will building permits be issued or a map recorded, until (1) the Notice of Determination (NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino; and (2) any and all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. The applicant shall provide the Planning Department with a stamped and conformed copy of the NOD together with a receipt showing that all fees have been paid. In the event this application is determined exempt from such filing fees pursuant to the provisions of the California Fish and Game Code, or the guidelines promulgated thereunder, except for payment of any required handling charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void. 10) No exterior modifications to the building are approved by this permit. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF October 1993. PLANNING COMMI/ION OF THE CITY OF RANCHO CUCAMONGA / BY: II/ tAl._! ' I a Inrr Mdniel, Chairman ` J• ATTEST: �Ii�e • _.. i Br IMF er, S Cary PLANNING COMMISSION RESOLUTION NO. 93-90 CUP 93-42 - CHURCH OF CHRIST OF RANCHO CUCAMONGA October 27, 1993 Page 5 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 27th day of October 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE