Loading...
HomeMy WebLinkAbout2021-082 - Resolution RESOLUTION NO. 2021-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFRANCHO CUCAMONGA, CALIFORNIA, DENYING MINOR DESIGN REVIEW DRC2020-00138, A REQUEST TO CONSTRUCT A SERVICE STATION AND CONVENIENCE STORE LOCATED IN THE GENERAL INDUSTRIAL (GI) DISTRICT AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 9T" 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 Conditional Use Permit DRC2020-00087, 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 2020, 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. 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 the May 12, 2021, the Planning Commission of the City of Rancho Cucamonga considered the remaining entitlements of the development application and voted to approve the project by a vote of 3 in favor and 2 against. 7. On May 19, 2021, the City Council of the City of Rancho Cucamonga voted to appeal the Planning Commission's approval by a vote of 4 in favor and 1 against, in order further analyze the project and consider questions which were raised at the May 12, 2021 Planning Commission meeting. 8. On July 7, 2021, the City Council of the City of Rancho Cucamonga held a public hearing to in appeal of the Planning Commission's decision. After taking testimony from staff, the applicant's representative and the public, the City Council voted to deny the subject Minor Design Review by a vote of 4 in favor and 1 against and directed staff to return with resolutions as appropriate at a later meeting. Resolution No. 2021-082 — Page 1 of 6 9. On August 4,2021,the city Council adopted a Resolution denying Minor Design Review DRC2020-00138. 10. 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 City Council of the City of Rancho Cucamonga as follows: 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 public hearings on July 7, 2021, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The subject 2.33-acre(101,495 square foot)project site is located at the southwest corner of Archibald Avenue and gth 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 91h 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, would accommodate a service station and convenience store and related parking, drive aisle and landscaped areas. Parcel 2, totaling 0.65 acres, will remain improved with the aforementioned multi-tenant industrial building and related parking ano landscaped areas; and The existing Land Use, 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 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 Resolution No. 2021-082 — Page 2 of 6 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 construction of buildings less than 10,000 square feet in area on vacant land requires the approval of a Minor Design Review (Development Code Section 17.16.130); and g. 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 h. Since the May 12,2021 Planning Commission meeting, new facts have been found which cause staff to re-assess its recommendation for the Planning Commission to approve the project.3. Based upon the substantial evidence presented to this Council during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the general plan. The project is not consistent with the general plan. Specifically,the project fails to meet Goal LU-1, Policy LU-1.1, Goal LU-6 and Policy 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."The project fails to meet this goal as it proposes a 14-pump service station with a convenience store within a census tract where four service stations and eighth convenience stores already exist. Throughout the development process, residents expressed concern about a perceived overconcentration of these uses within this area of the City. 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." Staff has found that there may be a correlation between increased criminal activity and service station uses. According to data provided by the Sherriff's Department, calls for service at service stations has increased every year since 2016. This includes two homicides reported at service stations in the calendar 2021 year. These findings appear to corroborate concerns expressed by residents throughout the development process. Lastly, 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." Census Tract 21.05, within which the project is located, and which is located entirely within Southwest Cucamonga, has been identified by the California Office of Environmental Health Hazard Assessment(OEHHA)as a disadvantaged community. Further,according to City business licenses data, there are 53 food retailers within Census Tract 21.05 of which only 3 would be considered "healthy" retailers (supermarkets and larger grocery stores, fruit and vegetable markets and warehouse clubs) according to the Healthy Development Checklist. The Healthy Development Checklist, published by the Riverside University Health System, was developed to provide for healthy development criteria in the Inland Empire. The Healthy Development Checklist identifies four score ranges.Areas with a score of less than 5 are considered to have"poor access"to healthy Resolution No. 2021-082 — Page 3 of 6 retail food, scores between 5 and 10 are considered to have "fair access," scores above 10 are considered to have "high access." This Census Tract's modified Retail Environment Food Index (mREFI)score is 5.6. Permitting the proposed service station with a convenience store would not achieve the intent of either Goal LU-6 or Policy LU-6.1 as it would further exacerbate the imbalance of healthy versus non-healthy retailers within the subject census tract, which is also a disadvantaged community. 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 is not in accord with the objective of the Development Code and the purposes of the district within which the site is located. Development Code Section 17.02.010 establishes the purpose and intent of the Development Code, which is to protect and promote the public health, safety, morals, comfort, convenience and welfare, and more particularly to: 1)implement the goals and objectives of the general plan and to guide and manage the future growth of the city in accordance with such plan; 2) project the physical, social, and economic stability of residential, commercial, industrial and other land uses within the city to assure its orderly and beneficial development; 3) reduce hazards to the public resulting from the inappropriate location, use or design of buildings and other improvements; and 4) attain the physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning. As referenced in Finding (a) above, the project proposes to locate a service station with a convenience store which also includes a fast-food restaurant within %2 mile of two schools and within a census tract which has been identified as a disadvantaged community. Further,throughout the development process, members of the public have expressed concerns over the existing number of service stations and convenience stores within the neighborhood and associated concerns of crime which may result from these types of uses. Thus, the proposed project fails to meet the objective of the development code as provided in Development code Section 17.02.010. C. The proposed use is in compliance with each of the applicable provisions of this Development Code. While the project meets all relevant technical development standards for the General Industrial District,the project fails to meet the purpose and intent of the Development Code as provided for in Development Code Section 17.02.010. Further, the project fails to meet performance criteria establish ed within the Healthy Development Checklist. The project fails to meet criteria for certain areas such as "Pedestrian Environment"and "Frontage Design." Regarding Pedestrian Environment, the project proposes a vehicle-oriented use (service station) adjacent to a residential neighborhood and within proximity to two schools. The public improvements offered as part of the project are minimum City standards and do not specifically improve the Pedestrian Environment as called for by the Healthy Development Checklist. Further, introducing such a vehicle-oriented use as a service station across the street from residential uses and within proximity to schools, especially without the inclusion of pedestrian-oriented design features,does not improve the walkability of the area. Rather, such a use would induce additional vehicular traffic which could result in negative impacts to the pedestrian environment. Regarding Frontage Design,While the project provides an appropriately scaled building with the primary parking field located opposite the building from Archibald Avenue, the building provides no primary entrances oriented towards the sidewalk/street. The project does provide one entrance on the north side of the building, but this entrance is oriented towards and provides access to the restaurant's outdoor patio. Staff notes that a primary entrance facing Archibald Avenue had been requested by staff throughout the development review process, but that the applicant neglected to include this element of design as they cited loss-prevention concerns for Resolution No. 2021-082 — Page 4 of 6 7-Eleven. Further,while the project proposes a large, landscaped setback and a private patio for use by patrons of the restaurant, the project provides no usable public open spaces. Thus, the project does not meet the intent of the Checklist regarding Frontage Design. 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. The project will be detrimental to the public interest, health, safety, convenience, or welfare. Throughout the development process, and in particular at the July 7 City Council meeting, members of the public have expressed concern and provided testimony citing concerns relative to the number of existing convenience stores and service stations which presently exist within proximity to the subject site. In responding to concerns expressed by members of the public, staff has found that there may be a correlation between increased criminal activity and service station uses.According to data provided by the Sherriff's Department, calls for service at service stations has increased every year since 2016. This includes two homicides reported at service stations in the calendar 2021 year. Lastly, Census Tract 21.05, within which the project is located, and which is located entirely within Southwest Cucamonga, has been identified by the California Office of Environmental Health Hazard Assessment(OEHHA)as a disadvantaged community. The Healthy Development Checklist, referenced in other findings above, establishes criteria to achieve compliance with Healthy Food objectives. This criterion includes restricting fast-food retailers within % mile of schools and managing the allowance of fast-food retailers relative to the ratio of healthy food retailers to unhealthy foods retailers. The project is site is within % mile of two schools, and according to City business licenses data, there are 53 food retailers within Census Tract 21.05 of which only 3 would be considered "healthy" retailers(supermarkets and larger grocery stores,fruit and vegetable markets and warehouse clubs) as defined by the Healthy Development Checklist. Thus, permitting the proposed service station with a convenience store will be detrimental to the public interest, health, safety, convenience, or 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 City Council finds that the project is categorically exempt from the California Environmental Quality Act(CEQA) Guidelines Section 15061(b)(4) as a project which the City disapproves. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby denies the application for Minor Design Review DRC2020-00138. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b)forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, Grant Ross, at the address identified in City records. Resolution No. 2021-082 — Page 5 of 6 PASSED, PPROVED, and ADOPTED this 4th day of August 2021. �r "_ram_,�_,• Ly a B. Kennedy, Mayor Prop em ATTEST: AL nice C. Reynold , City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 4th day of August 2021. AYES: Kennedy, Scott and Spagnolo NOES: Hutchison ABSENT: Michael ABSTAINED: None Executed this 5th day of August, 2021, at Rancho Cucamonga, California. JjZlanice C. Reynolds, ity Clerk Resolution No. 2021-082 — Page 6 of 6