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HomeMy WebLinkAbout2021-083 - Resolution RESOLUTION NO. 2021-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING 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 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 Conditional Use Permit 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 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 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 Conditional Use Permit 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. 2021-083 — Page 1 of 6 9. On August 4, 2021, the City Council adopted a Resolution denying Conditional Use Permit DRC2020-00087. 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 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 91h Street and is void of any trees. The street frontage along Archibald Avenue is improved with curb, gutter and sidewalk and the gth Street frontage is improved with curb and gutter. Neither frontage is currently improved with streetliights; 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 and landscaped areas; and l J. The existing Land Use, General Plan and Zoning designations for the project site ea and adjac it 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 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 Resolution No. 2021-083 — Page 2 of 6 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 proposes operating hours of 24 hours-per-day/7-days perweek. Vehicle access to the fuel islands will be from two new access driveways, one on Archibald Avenue and one on gth 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 proposes operating hours of 24 hours a day/7 days a week. The restaurant located within the convenience store proposes operating hours 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 j. 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 public hearings 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 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 does not comply 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 Resolution No. 2021-083 — Page 3 of 6 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,including those members of the public who expressed concerns regarding crime at the July 7 City Council hearing. 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 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. Ib. 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. The project meets all relevant technical development standards. However, the project fails to meet performance criteria established within the Healthy Development Checklist. The Healthy Development Checklist, published by the Riverside University Health System, was developed to provide for ealthy development criteria in the Inland Empire. The project fails to meet criteria for certain areois such as Pedestrian Environment and Frontage Design. 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. 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 e 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 yearl,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 Finding (b)above, establishes criteria to achieve compliance with Healthy Food objectives. This criterion includes restricting fast-food retailers within '/2 mile of schools and Resolution No. 2021-083 — Page 4 of 6 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 %2 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) according to the Healthy Development Checklist. The Healthy Development Checklist identifies four scores. Areas with a score of less than 5 are considered to have "poor access" to healthy 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 mREFI score is 5.6. Permitting the proposed service station with a convenience store would not comply with the checklist as it would: 1) locate a fast-food retailer within %2 mile of schools; and 2) it would further exacerbate that disparity of healthy and unhealthy retailers within Census Tract 21.05 which has been identified as being within a disadvantaged community. 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 Conditional Use Permit DRC2020-00087. 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. 2021-083 — Page 5 of 6 PASSED, APPROVED, and ADOPTED this 4th day of August 2021. Llyxne B. Kennedy, ayor Prcorem ATTEST: nice C. Reynolds, CVj 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. (�" e-- AN464j nice C. Reynolds,eity Clerk Resolution No. 2021-083 — Page 6 of 6