HomeMy WebLinkAbout95-26A - Resolutions RESOLUTION NO. 95-26A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT
NO. 95-01, A REQUEST TO CONSTRUCT AN 8,166 SQUARE
FOOT DAY CARE FACILITY WITHIN AN EXISTING SHOPPING
CENTER IN THE NEIGHBORHOOD COMMERCIAL DESIGNATION,
LOCATED ON THE EAST SIDE OF HAVEN AVENUE, NORTH OF
HIGHLAND AVENUE - APN: 201-271-92
A. Recitals.
1. On June 28, 1995, the Planning Commission adopted Resolution No. 95-26, thereby
approving, subject to specified conditions, Conditional Use Permit 95-01, which provides for the
development of an 8,166 square foot day care facility within an existing shopping center on the east
side of Haven Avenue north of Highland Avenue.
2. On August 8, 1995, a request was filed by Diversified Properties Company III to delete
the conditions of approval requiring the payment of in lieu fees and other security for the future
undergrounding of existing overhead utilities across adjacent property owned by Caltrans.
3. On September 13, 1995, 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.
4. All legal prerequisites 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 September 13, 1995, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. Parcel Map 9416 and Conditional Use Permit 84-31 were approved in 1985, with
conditions of approval which applied to the shopping center as a whole.
b. Undergrounding of overhead utilities along the Haven Avenue frontage of the entire
shopping center has been accomplished per the original conditions of approval.
c. The Court has determined that the Califomia Department of Transportation became
the legal owner of Parcel 10 of Parcel Map 9416 on April 15, 1986.
i
d. Planning Commission policy to extend utility undergrounding requirements across
adjacent public rights-of-way was adopted in June of 1987.
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 paragraph 1 and 2
above, this Commission hereby finds and concludes as follows:
PLANNING COMMISSION RESOLUTION NO. 95-26A
CUP 95-01 - KENT
September 13, 1995
Page 2
a. Undergrounding of overhead utilities adjacent to the shopping center as a
whole (Conditional Use Permit 84-31) has been accomplished per Planning Commission policies in
effect at the time of the original approval; and
b. Additional development on parcels 1-9 of Parcel Map 9416 have no further
responsibility for utility undergrounding on adjacent off site rights-of-way.
4. Based on the findings and conclusions set forth in paragraph 1, 2, and 3 above, this
Commission hereby modifies Resolution No. 95-26 by deleting Engineering Division conditions No.
1 and 2.
5. The Deputy Secretary to this Commission shall certify to the adoption of this
Resolution. .
APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 1995.
PLANNING COMMISSIO o F THE CITY OF RANCHO CUCAMONGA
emS
BY: NIllnel ed
E. b=Chairman
ATTEST: `4fia4 ��4
Brad B 1 -crer'
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 September 1995, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY
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