HomeMy WebLinkAbout21-30 ResolutionRESOLUTION NO. 21-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR
DESIGN REVIEW DRC2020-00138, A REQUEST TO CONSTRUCTA
SERVICE STATION AND CONVENIENCE STORE LOCATED IN THE
GENERAL INDUSTRIAL (GI) DISTRICT AT THE SOUTHWEST
CORNER OF ARCHIBALD AVENUE AND 9TH STREET, AT 8768
ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT
THEREOF— APN: 0209-032-35.
A. Recitals.
1. Grant Ross, for Orbis real Estate Partners, filed an application for the issuance of Minor
Design Review DRC2020-00138„ as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Minor Design Review request is referred to as "the application."
2. On the 24th day of February 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded
said hearing on that date.
3. The application is being processed concurrently with a request for a Tentative Parcel
Map SUBTPM20164 and a Conditional Use Permit DRC2020-00087.
4. At the February 24 2021 public hearing, after deliberating on the facts of the project, the
Planning Commission denied a request for off -sale beer and wine sales relative to Conditional Use
Permit DRC2020-00087 and also recommended that the City Council deny a request for Public
Convenience or Necessity (DRC2020-00459) related to the request for the Type 20 alcohol license
.At the February 24, 2021 hearing, the Planning Commission also directed City staff and the
applicant to consider certain improvements to project and.return at a later date for consideration of
the remaining entitlements.
5. On May 4, 2021, the Planning Department received a written statement from the
applicant indicating their desire to withdraw a request for a determination of Public Convenience or
Necessity related to the request for off -sale beer and wine sales.
6. On May 12, 2021, the Planning Commission of the City of Rancho Cucamonga
considered the remaining entitlements of the development application.
7. 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 the substantial evidence presented to this Commission during the
above -referenced public hearings on February 24 and May 12, 2021, including written and oral staff
reports, together with public testimony, this Commission hereby specifically finds as follows:
PLANNING COMMISSION RESOLUTION NO. 21-30
MDR DRC2020-00138— ORBIS REAL ESTATE PARTNERS
May 12, 2021
Page
a. The subject 2.33-acre (101,495 square foot) project site is located at the southwest
corner of Archibald Avenue and 9th Street on property addressed 8768 Archibald Avenue (APN:
0209-032-35). The northern two-thirds of the site is largely vacant while the southern third is
improved with an existing multi -tenant commercial building and related improvements (parking,
drive aisles, landscaping); and
b. The site is generally at -grade with Archibald Avenue and 9th Street and is void of
any trees. The street frontage along Archibald Avenue is improved with curb, gutter and sidewalk
and the 9th Street frontage is improved with curb and gutter. Neither frontage is currently improved
with streetlights; and
C. The applicant has requested the subdivision of the subject project area to create
two new parcels: Parcel 1, totaling 1.68 acres, will be improved with a service station and
convenience store and related parking, drive aisle and landscaped areas, and Parcel 2, totaling
0.65 acres, will remain improved with the aforementioned multi -tenant industrial building and related
parking and landscaped areas; and
d. The existing land use, and General Plan and Zoning designations for the project
site and adjacent properties are as follows:
Land Use
General Plan
Zoning
Site
Multi -tenant
General Industrial
General
Industrial
(GI)
commercial/industrial
District
North.
Church/Commercial
General Industrial
General
Industrial
(GI)
District
South
Commercial/Office
General Industrial
General
Industrial
(GI)
District
West
Commercial
General Industrial
General
Industrial
(GI)
District
East
Multi -Family Residential
Medium Residential
Medium
(R) Residential
District
e. The applicant proposes the construction of a 14-pump service station with a 3,180-
square foot canopy and a 6,600 square foot commercial building which includes a 4,595 square foot
convenience store and a 2,005 square foot restaurant. A 3,600 square foot covered patio is also
proposed; and
f. The operation of the service station requires the approval of a Conditional Use
Permit (Development Code Table 17.30.030-1). The proposed service station will operate 24 hours -
a day, 7 days per week. Vehicle access tor the fuel island will be from two new access driveways,
one on Archibald Avenue and one on 9th Street. The existing driveway which serves the existing
multi -tenant industrial commercial building will be demolished and replaced with a new access
driveway on Archibald Avenue; and
g. The operation of a convenience store requires the approval of a Conditional Use
Permit (Development Code Table 17'.30.030-1). Pursuant to Planning Commission Resolution 21-
19 dated March 10, 2021, off -sale alcohol sales (Type 20) are prohibited. The proposed
convenience store will also operate 24 hours a day, 7 days a week. The restaurant located within
PLANNING COMMISSION RESOLUTION NO. 21-30
MDR DRC2020-00138— ORBIS REAL ESTATE PARTNERS
May 12, 2021
Page 3
the convenience store will operate from 5:OOA.M. to 10:OOP.M. and proposes on -sale beer and wine
sales (Type 41) which is permitted and not subject to Conditional Use Permit DRC2020-00087; and
h. Since the February 24, 2021 Planning Commission public hearing, the applicant
has revised the project to now provide two electric vehicle charging stations, a commitment to
design the project to meet Leadership in Energy and Environmental Design (LEED) "Silver"
standards, Bio-Diesel gasoline in the event that the service station sells diesel gasoline, and limit
visibility of tobacco products so as to prevent accessibility of tobacco products to minors; and
i. The convenience store will sell grocery items, including fresh food and organic
food, and will place such items throughout the store as well as near the entrance of the
convenience store; and
3. Based upon the substantial evidence presented to this Commission during the above -
referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and
above, this Commission hereby finds and concludes as follows:
a. The proposed project is consistent with the objectives of the General Plan. The
project meets all relevant standards for development within the General Industrial (GI) District and
complies with the General Plan. As the project now proposes to expand fresh food and grocery
items, the project meets the intent of General Plan Land Use, Goal LU-6, which provides 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." Southwest Rancho Cucamonga generally lacks
options for fresh foods and grocery amenities. As the project has now been revised to eliminate
alcohol sales and expand fresh food sales, the project meets the intent of both General Plan Goal
LU-6 as well as Policy LU-6.1. Further the project also meets Goal ED-4 which requires that the City
"implement consistent high -quality standards for all future development," which is further elaborated
by Policy ED-4.1 which "encourage(s) high -quality design for infill development and continue to
support high -quality uses." The project as proposed now commits to achieving LEED Silver design
standards and providing electric vehicle chargers for the public's benefit to minimize the project's
impact on the environment.
b. The proposed use is in accord with the objective of the Development Code and the
purposes of the district in which the site is located. The project site is located within the General
Industrial (GI) District which permits service stations and convenience stores subject to the approval
of a Conditional Use Permit.
C. The proposed use is in compliance with each of the applicable provisions of the
Development Code. The project complies with all other Development Code requirements of the
General Industrial (GI) District as provided in the table below:
PLANNING COMMISSION RESOLUTION NO. 21-30
MDR DRC2020-00138— ORBIS REAL ESTATE PARTNERS
May 12, 2021
Page 4
Development
Required
Proposed
Complies?
Standard
a rox.
Maximum 35 feet (at front
20 feet
Building Height
setback) and
(building); 17
YES
75 feet (I-footincrement from the
feet (fueling
setback line)
canopy)
18.2%
Floor Area Ratio
(inclusive of
(FAR)
50-60%
covered patio
YES
and fueling
canopy)
33.3 feet
(covered
Front Building
patio); 86.4
Setback (9`h
Min. 25 feet
feet (proposed
YES
Street)
building); 69.6
feet (fueling
canopy)
Street Side
Min. 45 Feet (Major
70 feet
Setback
Arterial/Special Blvd — Archibald
(proposed
YES
Ave.)
building)
31.9 feet (9 h
Average Depth of
25 feet (9'h Street); 45 feet
Street); 70 feet
YES
Landscape
(Archibald Ave.)
(Archibald
Ave.
35.5 feet (9t'
Parking Setback
Min. 15 feet (9' St.); 25 feet
St.); 90 feet
YES
(Archibald Ave.)
(Archibald
Ave.
115 feet
Interior Side Yard
Min. 5 feet
(proposed
YES
Setback
building); 28.5
feet(canopy)
120 feet
Rear Yard
Min. 0 feet
(proposed
YES
Setback
building); 90
feet(canopy)
Open
Space/Landscape
10%
31.8%
YES
Standards
PLANNING COMMISSION RESOLUTION NO. 21-30
MDR DRC2020-00138— ORBIS REAL ESTATE PARTNERS
May 12, 2021
Page 5
Pursuant to Development Code Section 17.64.050, Table 17.64.050-1, parking for separate uses is
based on certain ratios. Standards for convenience stores require parking at a ratio of 3 stalls for
every 1,000 square feet and standards for restaurants require parking at a ratio of 10 stalls for every
1,000 square feet. As such, the proposed project is required to provide 34 parking stalls. In
compliance with this standard, the project provides 36 parking stalls onsite, plus an additional 14
stalls at the fueling pump stations, for a total of 50 stalls for an excess of 16 parking stalls
d. 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. At the February 24, 2021 public hearing, the Planning Commission
voted to deny the applicant's request for off -sale beer and wine sales (Type 20 alcohol license). The
applicant has amended the development proposal to ensure that no tobacco or tobacco related
products will be advertised and that all tobacco and tobacco related product will be kept behind the
cashier's counter, so as not to be easily accessible by minors as the project is within proximity to
one elementary school and one middle school. The applicant has further amended the project plans
to demonstrate that those areas within the convenience store which were previously dedicated to
the sale of alcohol will now be dedicated to the sale of fresh foods. Therefore, the proposed use will
benefit the public health, safety, and welfare.
4. The project is categorically exempt from the requirements of the California Environmental Quality
Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 32 exemption under
State CEQA Guidelines Section 15332 — In -Fill Development Projects. The applicant has provided
staff with various analyses demonstrating that the project qualified for this exemption. These studies
include an Air Quality and Greenhouse Gas Evaluation (Urban Crossroads, April 2021); Noise
Assessment (Urban Crossroads, September 2020); Preliminary Water Quality Management Plan
(Kimley-Horn, September 2020); Revised Focus Traffic Assessment (Urban Crossroads January
2021); and a Biological Due Diligence Investigation (ELMT Consulting, July 2020).The Planning
Commission has reviewed the Planning Department's determination of exemption, and based on its
own independent judgment, concurs in the staffs determination of exemption.
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 in
the Conditions of Approval, attached hereto and incorporated herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12th DAY OF MAY 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: '44 "� � 1-(2,
Ton Guglielmo, Chfirman
ATTEST: —ffiC J4�vLL
'Anne McIntosh, AICP, Secretary
PLANNING COMMISSION RESOLUTION NO. 21-30
MDR DRC2020-00138— ORBIS REAL ESTATE PARTNERS
May 12, 2021
Page 6
I, Anne McIntosh, AICP, 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 12th day of May 2021, by the following vote -to -wit:
AYES: COMMISSIONERS: GUGLIELMO, OAXACA, WILLIAMS
NOES: COMMISSIONERS: DOPP, MORALES
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: