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HomeMy WebLinkAbout94-03 - Resolutions RESOLUTION NO. 94-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-50, A REQUEST TO KEEP AN ALLIGATOR WITHIN THE REAR YARD AREA OF A SINGLE FAMILY RESIDENCE IN THE LOW RESIDENTIAL DESIGNATION (2-4 DWELLING UNITS PER ACRE) , LOCATED AT 7721 ARROYO VISTA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-424-07. A. Recitals. 1. Chris Cassaros has filed an application for the issuance of Conditional Use Permit No. 93-50, 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 12th day of January 1994, 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 January 12, 1994, 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 7721 Arroyo Vista Avenue which is presently improved with a single family residence and a specially designed enclosure with double-locked gates; and b. The properties to the north, south, east, and west of the subject site are designated Residential and developed with single family residences; and c. The keeping of the alligator is consistent with the Low Residential designation of the Development Code and the General Plan; and d. The application, along with the attached Conditions of Approval, will comply with all applicable standards of the Development Code. e. The alligator has been kept on the property since 1987; and PLANNING COMMISSION RESOLUTION NO. 94-03 CUP 93-50 - CASSARO January 12, 1994 Page 2 f. The applicant's request includes a petition of support signed by the surrounding residents. 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) This approval is contingent upon the applicant obtaining all required permits from the United States Fish and Wildlife Service, California Department of Fish and Game, and/or any other agency who may have jurisdiction over the keeping of alligators. 2) The alligator shall be housed within a locked enclosure and not allowed to roam freely within the rear yard of the residence. Said enclosure shall be kept in good repair and shall be kept locked at all times. 3) The enclosure shall be enlarged proportionally to the growth of the alligator to ensure adequate area. 4) All necessary building permits, including electrical and plumbing, shall be obtained. The applicant shall make application for same within 30 days. 5) If the keeping of the alligator causes adverse effects upon adjacent properties, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 94-03 CUP 93-50 - CASSARO January 12, 1994 Page 3 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THI 2TH DAY OF JANUARY 1994. PLANNING I`a • OF THE CITY CHO CUCAMONGA Ir.�►.6. E. Ravi. ATTEST: / i� Bra•erer, 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 12th day of January 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE