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HomeMy WebLinkAbout21-31 ResolutionRESOLUTION NO, 21-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2020-00087 — A REQUEST TO OPERATE A 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 Minor Design Review DRC2020-00138. 4. Atthe 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 the 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. 20-31 CUP DRC2020-00087 — GRANT ROSS FOR ORBIS REAL ESTATE PARTNERS MAY 12, 2021 Page 2 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. sidelwalk 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 se, and General Plan and Zoning designations forthe 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 consutrction of a 14-pump service station with a 3,180 squre 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 - per -day, 7 days per week. Vehicle access to the fuel island will be from two new access driveways, one on Archibald Avenue and one on gth Street. The existring driveway which serves the existing multi-tennt 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 Resolutioin 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. 20-31 CUP DRC2020-00087 — GRANT ROSS FOR ORBIS REAL ESTATE PARTNERS MAY 12, 2021 Page 3 the convenience store will operate from 5:00A.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 public hearings and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, Municipal Code, general plan, and any applicable specific plans or city regulations/standards. The project meets all relevant standards for development within the General Industrial (GI) District and complies with the General Plan. Further, with the revisions made to the project, it meets the intent of 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 site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related. performance criteria and development standards. The project site is physically suitable for the proposed use as it provides appropriate site access, has all utility services available, and can be conditioned to meet all related performance criteria and development standards for the proposed use. C. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. 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 PLANNING COMMISSION RESOLUTION NO. 20-31 CUP DRC2020-00087 — GRANT ROSS FOR ORBIS REAL ESTATE PARTNERS MAY 12, 2021 Page 4 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. Based upon the facts and information contained in the staff report, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Categorical Exemption, based upon the findings as follows: a. The Planning Department staff has determined that 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 Standard Conditions, 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: Ton GuglielritT Chairman ATTEST: a4 ✓' ' C�z4-1�. Anne McIntosh, AICP, Seergfmy I, Anne McIntosh, AICP, Secretary of tt nning 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: PLANNING COMMISSION RESOLUTION NO. 20-31 CUP DRC2020-00087 — GRANT ROSS FOR ORBIS REAL ESTATE PARTNERS MAY 12, 2021 Page 5 AYES: COMMISSIONERS: GUGLIELMO, OAXACA, WILLIAMS NOES: COMMISSIONERS: DOPP, MORALES ABSENT: COMMISSIONERS: RECUSE: COMMISSIONERS: