HomeMy WebLinkAbout94-65 - Resolutions RESOLUTION NO. 94-65
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE
PERMIT NO. 93-45, THE ESTABLISHMENT OF A STRESS REDUCTION
CLINIC WITHIN AN EXISTING INDUSTRIAL COMPLEX IN THE
INDUSTRIAL PARK DESIGNATION (SUBAREA 6) OF THE INDUSTRIAL
AREA SPECIFIC PLAN, LOCATED AT 8645 HAVEN AVENUE, SUITE
550, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 209-144-54.
A. Recitals.
1. Debra Hildenbrand filed an application for approval of
Conditional Use Permit No. 93-45 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. The application was approved by the Planning Commission on
November 10, 1993, subject to certain conditions of approval as contained
within Resolution No. 93-96.
3. On May 25, 1994, the Planning Commission conducted a periodic
review of the application. The Planning Commission determined that sufficient
evidence was presented to demonstrate that the application was operating in
violation of the conditions of approval.
4. On the 13th day of July 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.
5. 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 July 13, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a. The application applies to leased space on a property located
on the east side of Haven Avenue, at 8645 Haven Avenue, Suite 550, which is
partially developed with a multi-tenant industrial park; and
PLANNING COMMISSION RESOLUTION NO. 94-65
CUP 93-45 - HILDENBRAND
July 13, 1994
Page 2
b. The property to the north of the subject site is designated
for industrial uses and is vacant, the property to the south and east are
designated for industrial uses and are developed with warehouse/manufacturing
buildings, and the property to the west is designated for industrial uses and
is vacant; and
c. The application, as approved, proposed various stress
reduction techniques including light therapy, aroma therapy, relaxation
breathing exercises, stretching, and sensory deprivation; and
d. Section 9.24 of the Rancho Cucamonga Municipal Code
establishes the requirements under which Massage Establishment Permits may be
allowed and the requirements for Massage Technician Permits. Because the
application did not meet the requirements of Section 9.24, a condition of
approval was placed on the application prohibiting massage from being
conducted on the premises; and
e. Based upon information received that massage was being
performed at the subject property in violation of the conditions of approval,
an investigation was conducted by the Police Department to review activities
being conducted at the site; and
f. An undercover operator was sent to the site as part of the
investigation of the business activity; and
g. After being in the establishment, the operator was offered
massage for money, in violation of the conditions of approval for the
application; and
h. As a result of the Police investigation, arrests were made at
the applicant's business for prostitution and drug possession; and
i. Massage establishments may be permitted in only the General
Commercial designation subject to review and approval of a Conditional Use
Permit. The application is located in the Industrial Park designation of the
Industrial Area Specific Plan. Massage establishments are prohibited within
the Industrial Area Specific Plan. Therefore, the use is not consistent with
the intent of the zoning designation in which the site is located; and
j . Because the applicant is prohibited by the conditions of
approval from conducting massage and the proper modifications to the
Conditional Use Permit and Massage Permits were not obtained, the use is in
violation of the Municipal Code Requirements of the City of Rancho Cucamonga.
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 not in accord with the General Plan,
the objectives of the Development Code, and the purposes of the district in
which the site is located.
PLANNING COMMISSION RESOLUTION NO. 94-65
CUP 93-45 - HILDENBRAND
July 13, 1994
Page 3
b. That the proposed use, together with the conditions
applicable thereto, will be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
c. That the proposed use does not comply 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 revokes Conditional Use Permit
93-45.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF JULY 1994.
PLAN' C' : ON OF THE ' •F RANCHO CUCAMONGA
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BY: lig
E. D.• id : !-
ATTEST: - / ''
Brad, lir
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 13th day of July 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE