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HomeMy WebLinkAbout03-144 - Resolutions RESOLUTION NO. 03-144 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE CITY PLANNER'S DENIAL OF CONDITIONAL USE PERMIT DRC2003-00468, A REQUEST TO OPERATE A NON-PROFIT SECOND- HAND STORE OF 9,500 SQUARE FEET,WITHIN AN EXISTING SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 9749 BASE LINE ROAD - APN: 1077-011-50. A. Recitals. 1. Goodwill Industries filed an application for the issuance of Conditional Use Permit DRC2003-00468, 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 July 8, and continued to July 29, 2003, the City Planner of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. At the July 29, 2003 public hearing, the City Planner denied the applicant's request to establish a Goodwill retail store. 4. On the 8th day of August 2003,the applicant filed an appeal of the City Planner's decision in a timely manner. 5. On the 24th day of September 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. The Commission commenced deliberations on the application at the September 24 meeting and continued those deliberations to October 8, 2003. 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: 1. The Planning 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 the Planning Commission during the above-referenced public hearing on September 24, 2003, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to property zoned Neighborhood Commercial, located at the southeast comer of Base Line Road and Archibald Avenue, with a street frontage of about 615 feet along Base Line Road and 570 feet along Archibald Avenue. The site is presently improved with a commercial shopping center of about 8.6 acres, and is comprised of five buildings with a combined area of 101,000 square feet, and approximately 500 parking spaces on-site. Using a parking calculation of 4.5 spaces per 1,000 square feet of floor area, the required amount of parking for the entire site is 455 spaces. There are four tenants (Albertsons, Harv's Cleaners, Slim and Tone, and Maui Donuts) that are open for business before 9:00 a.m.; and PLANNING COMMISSION RESOLUTION NO. 03-144 DRC2003-00468—GOODWILL INDUSTRIES October 8, 2003 Page 2 b. The loading zone at rear of the shopping center is behind gates that are kept locked during non-business hours; and c. The properties to the north and west are zoned Neighborhood Commercial and are improved with commercial centers. A property also to the west is zoned Office Park and is the site of the Rancho Cucamonga Library. The properties to the south and east are zoned Low Residential and are improved with single-family residences; and d. The applicant contemplates the establishment of a Goodwill second-hand retail store within an existing tenant space of 9,500 square feet, located at 9749 Base Line Road between Albertsons supermarket and the Dollar Tree discount store. The store would sell "second-hand," donated clothing and household goods, excluding large appliances. Sales and storage would occur entirely within the building; however, a donation drop-off area is proposed at the rear of the store. The drop-off area would be manned by employees for collection and processing the donations as they arrive during business hours. No outdoor storage containers are proposed. Donation discards, dumped items, salvage and trash would be picked up daily by truck at approximately 6:30 a.m. The operating hours would be Monday through Saturday from 9:00 a.m. to 8:00 p.m. and Sundays from 10:00 a.m. to 6:00 p.m., with a staff of up to 15 persons. Such use is permitted with a Conditional Use Permit within the Neighborhood Commercial zone pursuant to the authority of Title 17, Development Code, Section 17.04.030 of the Rancho Cucamonga Municipal Code; and e. Letters of opposition were submitted to the City for consideration from the following businesses within the existing shopping center: Econo Drugs; Trinidad C. Calma, DMD; Splash Pools and Spas; Nancy's Hallmark Shop; and Little Caesars; and f. Two existing tenants within the shopping center gave testimony in opposition to the proposed use during the July 29, 2003, City Planner public hearing. In addition, the shopping center's owner testified against the proposed use; and h. The application as proposed would not be compatible with surrounding businesses for the reasons as follows: i) The Title 17, Development Code, Section 17.10.020 of the Rancho Cucamonga Municipal Code states that the Neighborhood Commercial zone"is intended to provide areas for immediate day-to-day convenience shopping and services for residents of the immediate neighborhood. Site development regulations and performance standards are intended to make such uses compatible to and harmonious with the character of surrounding residential or less intense land use area." Further, Section 17.04.030 establishes that the Conditional Use Permit process is intended for selected uses in each zone to address"their unique site development requirements and operating characteristics, which require special consideration in order to operate in a manner compatible with surrounding uses." Numerous tenants within this shopping center site believe that the operation of the proposed use, particularly the donation drop-off, is not compatible with their business operation for the reasons indicated in subparagraphs ii) and iii) below. ii) The site plan submitted in conjunction with the application, proposes a "10- minute loading zone"for donation drop-off area at the rear of the store during their normal business hours. The drop-off area is within an area of the shopping center that is behind a lockable gate to prohibit public access after hours. The applicant submitted a July 7, 2003, letter stating that 'We recognize that the subject space does not offer the opportunity for the ideal Goodwill store and donation center layout," particularly, the lack of a 'donation center' at the front of the store. Further, Tracy Powers, Vice President of Retail Operations for Goodwill Industries testified at the July 8, PLANNING COMMISSION RESOLUTION NO. 03-144 DRC2003-00468— GOODWILL INDUSTRIES October 8, 2003 Page 3 2003, public hearing that he recognizes the validity of staffs recommendation to only take donations through the front entrance of the building. Further, Mr. Powers testified that at their existing 36 store and donation centers within his region, that there are always a few 'midnight' donors. He testified that some sites are more problematic than others but in any case the percentage is small, perhaps 1 per day, per location. The fact that the applicant does not accept donations of large appliances could result in such items being discarded after business hours within the"10-minute loading zone" or in other areas of the shopping center. Further, the inaccessibility of the"10-minute loading zone" after the gates are locked could result in such items being discarded elsewhere within the center. The lack of ability for customers to donate items after hours at the front of the store, is exacerbated by the inaccessibility of the rear drop-off area, and could result in items being dropped on the common sidewalk at the front of the store resulting in unsightly conditions and obstruction of the sidewalk for other businesses, and their customers, which open before the Goodwill store. iii) One of the goals of the General Plan is to protect the public health and safety. The discarding of donated items after hours could be a potential nuisance by attracting people to rummage through the items. Further, items discarded outside the designated drop-off area could obstruct the adjoining fire lane that is already of a substandard 12-foot width (26 feet is the Fire District standard for fire lanes). 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. The proposed use is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and b. The proposed use, together with the conditions applicable thereto, would be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. The application, which contemplates operation of the proposed use, does not comply with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2,3,and 4 above,the Planning Commission hereby denies the application. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF OCTOBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman PLANNING COMMISSION RESOLUTION NO. 03-144 DRC2003-00468—GOODWILL INDUSTRIES October 8, 2003 Page 4 ATT7,-7-Brad : Bu ecret I, Brad Buller, 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 8th day of October 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL NOES: COMMISSIONERS: McPHAIL, STEWART ABSENT: COMMISSIONERS: NONE