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HomeMy WebLinkAbout03-308 - Resolutions RESOLUTION NO. 03-308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF, AND UPHOLDING THE PLANNING COMMISSIONS'S DECISION, TO DENY CONDITIONAL USE PERMIT DRC2003-00468 REQUESTING TO OPERATE A NOW PROFIT SECOND HAND STORE OF 9,500 SQUARE FEET WITHIN AN EXISTING SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 9749 BASE LINE ROAD AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 1077-011-50. A. RECITALS. 1. Goodwill Industries filed an application for Conditional Use Permit DRC2003- 00468, 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 July 8, 2003, and continued to July 29, 2003, the City Planner of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and, following the conclusion of said public hearing, adopted his Resolution No. 03-15, thereby denying said application. 3. The decision represented by said City Planner Resolution was timely appealed to the Planning Commission. 4. On September 24, 2003, and continued to October 8, 2003, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and, following the conclusion of said public hearing, adopted their Resolution No. 03-144, thereby denying said application. 5. The decision represented by said Planning Commission Resolution No. 03- 144 was timely appealed to this Council. 6. On November 19, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, i t is h ereby found, d etermined, a nd resolved by t he C ity Council of the City of Rancho Cucamonga as follows: Resolution No. 03-308 Page 2 of 5 1. This Council 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 the substantial evidence presented to this Council during the above-referenced November 19, 2003 hearing, including written staff reports, the minutes of the above-referenced City Planner and Planning Commission Resolution No. 03-144, this Council hereby specifically finds as follows: a. The application applies to property zoned Neighborhood Commercial, located at the southeast corner of Base Line Road and Archibald Avenue. The site is presently improved with a commercial shopping center of about 8.6 acres, and is comprised of five buildings with a combined area of 101,000 square feet, and approximately 500 parking spaces on-site. Using a parking calculation of 4.5 spaces per 1,000 square feet of floor area, the required amount of parking for the entire site is 455 spaces. There are four tenants (Albertsons, Harv's Cleaners, Slim and Tone, and Maui Donuts) that are open for business before 9:00 a.m.; and b. The loading zone at the rear of the shopping center is in a gated area that is kept locked during non-business hours; and c. The properties to the north and west are zoned Neighborhood Commercial and are improved with commercial centers. A property also to the west is zoned Office Park and is the site of the Rancho Cucamonga Library. The properties to the south and east are zoned Low Residential. There are single-family residences currently under construction on the properties located to the south; and d. The applicant contemplates the establishment of a Goodwill second- hand retail store within an existing tenant space of 9,500 square feet, located at 9749 Base Line Road between Albertsons supermarket and the Dollar Tree discount store. The store would sell "second-hand," donated clothing and household goods, excluding large appliances. Sales and storage would occur entirely within the building; however, a donation drop-off area is proposed at the rear of the store. The drop- off area would be manned by employees for collection and processing the donations as they arrive during business hours. No outdoor storage containers are proposed. Donation discards, dumped items, salvage and trash would be picked up daily by truck at approximately 6:30 a.m. The operating hours would be Monday through Saturday from 9:00 a.m. to 8:00 p.m. and Sundays from 10:00 a.m. to 6:00 p.m., with a staff of up to 15 persons. Such use is permitted with a Conditional Use Permit within the Neighborhood Commercial zone pursuant to the authority of Title 17, Development Code, Section 17.04.030 of the Rancho Cucamonga Municipal Code; and Resolution No. 03-308 Page 3 of 5 e. Letters of opposition were submitted to the City for consideration from the following businesses within the existing shopping center: Econo Drugs; Trinidad C. Calma, DMD; Splash Pools and Spas; Nancy's Hallmark Shop; The Cucamonga Hair Company, Star Nail Il, Harv's Cleaners, Taco Factory, and Little Caesars; and f. Two existing tenants within the shopping center and one neighboring homeowner gave testimony in opposition to the proposed use during the October 8, 2003, Planning Commission public hearing. In addition, the shopping center's owner testified against the proposed use; and g. The application as proposed would not be compatible with surrounding businesses for the reasons as follows: i) The Title 17, Development Code, Section 17.10.020 of the Rancho Cucamonga Municipal Code states that the Neighborhood Commercial zone "is intended to provide areas for immediate day-to-day convenience shopping and services for residents of the immediate neighborhood. Site development regulations and performance standards are intended to make such uses compatible to and harmonious with the character of surrounding residential or less intense land use area." Further, Section 17.04.030 establishes that the Conditional Use Permit process is intended for selected uses in each zone to address "their unique site development requirements and operating characteristics, which require special consideration in order to operate in a manner compatible with surrounding uses." Numerous tenants within this shopping center site believe that the operation of the proposed use, particularly the donation drop-off, is not compatible with their business operation for the reasons indicated in subparagraphs ii) and iii) below. ii) The site plan submitted in conjunction with the application, proposes a "10-minute loading zone" for donation drop-off area at the rear of the store during their normal business hours. The drop-off area is within an area of the shopping center that is behind a lockable gate to prohibit public access after hours. The applicant submitted a July 7, 2003, letter stating that "we recognize that the subject space does not offer the opportunity for the ideal Goodwill store and donation center layout," particularly, the lack of a 'donation center' at the front of the store. F urther, Tracy Powers, Vice President of Retail Operations for Goodwill Industries testified at the July 8, 2003, public hearing that he recognizes the validity of staff's Resolution No. 03-308 Page 4 of 5 recommendation to only take donations through the front entrance of the building. Further, Mr. Powers testified that at their existing 36 store and donation centers within his region, that there are always a few 'midnight' donors. He testified that some sites are more problematic than others but in any case the percentage is small, perhaps 1 per day, per location. The fact that the applicant does not accept donations of large appliances could result in such items being discarded after business hours within the "10-minute loading zone" or in other areas of the shopping center. Further, the inaccessibility of the "10-minute loading zone' after the gates are locked could result in such items being discarded elsewhere within the center. The lack of ability for customers to donate items after hours at the front of the store, is exacerbated by the inaccessibility of the rear drop-off area, and could result in items being dropped on the common sidewalk at the front of the store resulting in unsightly conditions and obstruction of the sidewalk for other businesses, and their customers, which open before the Goodwill store. iii) One of the goals of the General Plan is to protect the public health and safety. The discarding of donated items after hours could be a potential nuisance by attracting people to rummage through the items. Further, items discarded outside the designated drop-off area could obstruct the adjoining fire lane that is already of a substandard 12-foot width (26 feet is the Fire District standard for fire lanes). h. 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; and L The proposed use, together with the conditions applicable thereto, would be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and j. The application, which contemplates operation of the proposed use, does not comply with each of the applicable provisions of the Development Code. 3. The City Council of the City of Rancho Cucamonga hereby denies the subject appeal thereby upholding the Planning Commission decision of October 8, 2003, to deny the Conditional Use Permit DRC2003-00468. 4. The Secretary to this Council shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 03-308 Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 19`h day of November 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None c L!/ William J. xander, M or ATTEST: AA-,4L2ca-'O'-)n� =�) Debra J. Adards,ZMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 19'" day of November 2003. Executed this 201" day of November 2003, at Rancho Cucamonga, California. Al'tt- cz� Debra J. Adana CMC, City Clerk