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Home My WebLink About21-19 ResolutionRESOLUTION NO. 21-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR ALCOHOLIC BEVERAGE SALES UNDER DRC2020-00087 AND RECOMMENDING THAT THE CITY COUNCIL DENYA REQUEST FOR PUBLIC CONVENIENCE OR NECESSITY DRC2020-00459 ON A2.33 ACRE LOT WITHIN THE GENERAL INDUSTRIAL (GI) DISTRICT AT 8768 ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0209-032-35. A. Recitals. 1. Orbis Real Estate Partners filed an application for a Tentative Parcel Map SUBTPM20164, Minor. Design Review DRC2020-00138, Conditional Use Permit DRC2020-00087 and Public Convenience or Necessity DRC2020-00459 for a Type 20 ABC license (Off -Sale Beer& Wine) related to a lot split and construction of a commercial building to include a service station, convenience store with off -sale alcohol sales, and restaurant. 2. The application for Conditional Use Permit DRC2020-00087 requires approval of three conditionally permitted uses within the General Industrial District: a convenience store, a service station, and alcoholic beverage sales, 3. Section 17.32.020 of the Rancho Cucamonga Municipal Code defines "alcoholic beverage sales" as "[t]he retail sale of beverages containing alcohol for off -site consumption subjectto regulation by the California Department of Alcoholic Beverage Control (ABC) as an off -sale establishment." 4. On the 24th day of February 2021, the Planning Commission of the City of Rancho Cucamonga conduced a noticed public hearing on the application, concluded said hearing on that date and directed staff to prepare a resolution to deny the Conditional Use Permit for the alcoholic beverage establishment and recommend that the City Council deny the request for a determination of Public Convenience or Necessity to permit the Type 20 alcohol license. As part of that same motion, the Planning Commission directed staff to work with the applicant regarding the remainder of the development application, including the tentative Parcel Map, Minor Design Review and those portions of the Conditional Use Permit which do not involve alcohol sales, and return, to the Planning Commission at a later date for further review. The purpose of working with the applicant on these remaining entitlement is, in part, to develop conditions of approval relating to the amount of space dedicated to fresh foods in the convenience store and the incorporation of electric charging stations, both of which the applicant had expressed willingness to accept. 5. On the 1'0th day of March 2021, the Planning Commission of the City of Rancho Cucamonga adopted this Resolution denying the ConditionalUse Permit for alcoholic beverage sales and recommending that the City Council deny the request for a determination of Public Convenience or Necessity for the Type 20 alcohol license. 6. 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: PLANNING COMMISSION RESOLUTION NO. 21-19 CONDITIONAL USE PERMIT 2020-00087 AND PUBLIC CONVENIENCE OR NECESSITY DRC2020- 00459 — ORBIS REAL ESTATE PARTNERS MARCH 10, 2021 Page 2 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 all available evidence presented to this Commission during the above -referenced public hearing on February 24, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The applicant is proposing the development of a 14-pump service station ,and convenience store with off -site alcohol sales and an attached restaurant; and b. The existing Land Use, General Plan and Zoning Designations forthe project site and adjacent properties areas follows: Land Use General Plan Zoning Site Multi -tenant General General industrial (GI) District commercial/industrial Industrial North Church/Commercial General Industrial General industrial GI ( ) District South Commercial/Office General Industrial General industrial (GI) District West Commercial General General industrial (GI) District Industrial Medium Medium (M) Residential East Multi -Family Residential Residential District 3. Based upon all of the evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth above, this Commission hereby finds and concludes as follows: Findings for denial of Conditional Use Permit for an Alcoholic Beverage Establishment a. The proposed project is inconsistent with the General Plan, specifically General Plan Goals LU-1 and LU-6, and General Plan Policies Lu-1.1 and LU-6.1. General Plan Goal LU-1 requires that the City "ensure established residential neighborhoods are preserved and protected, and local and community -serving commercial and community facilities meet the needs of the residents" Policy LU- 1.1 further requires that the City "Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment." Similarly, Land Use Goal LU-6 requires that the City "promote the stability of southwest Rancho Cucamonga residential neighborhoods," while Policy LU 6-1 elaborates by stating that the City shall, "Continue to encourage commercial and community services that meet community needs." The project proposes Type 20 off -sale alcohol sales within an overconcentrated census tract. If permitted, the census tract would contain three times the number of off -sale alcohol licenses that constitute undue concentration under state law. This would be among the highest number of licenses within a census tract within the City. This concern of overconcentration has been clearly expressed by PLANNING COMMISSION RESOLUTION NO. 21-19 CONDITIONAL USE PERMIT 2020-00087 AND PUBLIC CONVENIENCE OR NECESSITY DRC2020- 00459 — ORBIS REAL ESTATE PARTNERS MARCH 10, 2021 Page 3 neighborhood residents over the course of two neighborhood meetings and during the public hearing. Therefore, approving such a use is not consistent with the stated goals and policies of General Plan Land Use Goals LU-1 and LU-6. b. Granting the permit would be detrimental to the public interest, health, safety and welfare, or materially injurious to persons property or improvements in the vicinity in which the project is located. The project proposes off -sale alcohol sales within an overconcentrated census tract. The project site is also located across the street from an elementary school and within proximity (1,500 feet) to a middle school. Data from the Sheriffs Department suggests that there is a correlation between the proximity of off -sale establishments and schools which may increase the potential for alcohol sales to minors, as evidenced at other locations throughout the City of similar uses within close proximity to schools. Findings Recommending Denial of Public Convenience or Necessity a. The California Department of Alcoholic Beverage Control (ABC) regulates the distribution of alcohol licenses by setting, limits on the various types of licenses in each census tract pursuant to Sections 23958 and 23958.4 of the California Business and Professions Code. The limits are calculated based on the ratio of alcohol licenses to the population within a specific census tract. In cases where a census tract exceeds the allowable limit of certain alcohol licenses (i.e., creates an "undue concentration"), findings in support of a determination for Public Convenience or Necessity are required to be made by the local governing body. In the case of the subject project, ABC permits 3 off - sale alcohol licenses within Census Tract 21.05, within which the project is located; the proposed convenience store would constitute the ninth off -sale alcohol license within the census tract. The Development Code provides no specific findings for determinations of Public Convenience or Necessity by the local governing body, but the governing body is afforded discretion to determine the relevant factors on a case -by -case basis. For Rancho Cucamonga, the local governing body is the City Council. In this case, the Planning Commission believes that issuing the ABC license to the applicant does not serve the public convenience or necessity because: 1) there is already a significant undue concentration of off -sale alcohol licenses in the subject census tract; and 2) the license site is near a school which data provided by the Sheriffs Department suggests could result in an increase in the number of minors obtaining alcohol; and 3) both of these reasons were expressed by concerned neighbors as part of two public neighborhood meetings and the public hearing before the Planning Commission on February 24, 2021. 4. The Planning Department Staff has determined that, as to the portions of the project addressed herein, they are exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15270(a) as a project that is rejected or disapproved. 5. Based upon the findings and conclusions set forth above, and all of the evidence in the record, this Commission hereby denies Conditional Use Permit DRC2020-00087 for an alcoholic beverage establishment and recommends that the City Council deny Public Convenience or Necessity DRC2020-00459 for a type-20 ABC license. This Resolution shall not affect the Planning Commission's discretion with respect to the application for Conditional Use Permit DRC2020-00087 relating, to the convenience store or service station. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 21-19 CONDITIONAL USE PERMIT 2020-00087 AND PUBLIC CONVENIENCE OR NECESSITY DRC2020- 00459 — ORBIS REAL ESTATE PARTNERS MARCH 10, 2021 Page 4 APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2O21. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Guglielmo, Chairman ATTEST: Anne McIntosh, AICP, Secre 1, Anne McIntosh, AICP, Secretary of th ing 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 10th day of March 2021, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: