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HomeMy WebLinkAbout94-66 - Resolutions RESOLUTION NO. 94-66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-19 ALLOWING A MASSAGE ESTABLISHMENT WITHIN A 1,350 SQUARE FOOT LEASED SPACE IN AN EXISTING COMMERCIAL CENTER ON 9 ACRES OF LAND IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 7890 HAVEN AVENUE, SUITE 11, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-29. A. Recitals. 1. Terry Lee Cook has filed an application for the issuance of Conditional Use Permit No. 94-19, 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 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. 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 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 an existing business, Accu-Center, within a leased space located at 7890 Haven Avenue, #11, 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 contemplates acupressure massage services which will operate from 9 a.m. to 10 p.m. , Monday through Sunday; and PLANNING COMMISSION RESOLUTION NO. 94-66 CUP 94-19 - COOK July 13, 1994 Page 2 d. In addition to acupressure massage, the salon will provide sun tanning, facial and skin treatments, and nail care. Beauty supplies will also be sold at the site; and e. The application applies to a leased space with one toilet facility and one bathroom with tub. 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. Pursuant to the State CEQA Guidelines, it has been determined that the proposed project does not have the potential for causing a significant effect on the environment. The project has been determined to be exempt from CEQA pursuant to Section 15061(6) (3) . The Planning Commission, having final approval over this project, has reviewed and considered this exemption prior to the approval of this project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below: Planning Division 1) No adult business is approved by this permit. 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 Sign Ordinance and the Uniform Sign Program for the complex and shall require review and approval by the Planning Division prior to installation. inr PLANNING COMMISSION RESOLUTION NO. 94-66 CUP 94-19 - COOK July 13, 1994 Page 3 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 10 p.m. , Monday through Sunday. 7) The acupressure clientele shall be limited to one sex of customer only while one rest room/locker facility exists. This restriction shall be clearly posted with the prices of various massage (acupressure) services. If a separate rest room/locker facility is provided to the satisfaction of the City Planner and the Administrative Services Director, both sexes of customers may be permitted. Such a change in the use shall not require modification to this Conditional Use Permit. 8) Use shall not be expanded without modification to this Permit. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 1994. PLANNING COMMISS p OF THE CITY OF . HO CUCAMONGA I 4A BY: eat afl!a. 1t E. Davi• ATTEST: ■t3i" Bradrer, S=creta 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