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HomeMy WebLinkAbout20-11 ResolutionRESOLUTION NO. 20-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2018-00936 —A REQUEST FOR TO OPERATE A SERVICE STATION AND CONVENIENCE STORE LOCATED IN THE MIXED -USE (MU) DISTRICT AND FOOTHILL BOULEVARD OVERLAY DISTRICT SUBAREA 1 AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RED HILL COUNTRY CLUB DRIVE, AT 8166 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0207-112-20 and 23. A. Recitals, 1. Ken Kang, for 8166 Foothill Boulevard, LLC, filed an application for the issuance of Conditional Use Permit DRC2018-00936, 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 12th 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. 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 hearing on February 12, 2020, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows, a, The triangularly shaped .59-acre (25,831 square foot) project site is located at the northeast corner of Foothill Boulevard and Red Hill Country Club Drive and is made up of two separate parcels of land (APN: 0207-112-20 and 23); and b. The site dimensions are approximately 300 feet from east to west along the north and south property lines, 1.30 feet from north to south along the east property line and 10 feet from north to south along the west property line; and C. The property owner has in the last year completed site improvements including new underground fuelstorage tanks and fuel island canopy; and d. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties .are as follows: PLANNING COMMISSION RESOLUTION NO. 20-11 CUP DRC2018-00936 — KEN KANG FOR 8166 FOOTHILL BOULEVARD, LLC February 12, 2020 Page 2 Land Use General Plan Zoning Site Non -Operational Service Mixed -Use (MU) Station & Convenience Store Mixed -Use Foothill Boulevard Overlay District Subarea 1 Vacant Land Mixed -Use (MU) North Agricultural Use Mixed -Use Foothill Boulevard Overlay District Subarea 1 Mixed -Use (MU) South Commercial Building Mixed -Use Foothill Boulevard Overlay District Subarea 1 Mixed -Use (MU) East Vacant Land Mixed -Use Foothill Boulevard Overlay District Subarea 1 Vacant Land Mixed -Use (MU) West Agricultural Use Mixed -Use Foothill Boulevard Overlay District Subarea 1 e. The applicant proposes redeveloping an existing service station at the northeast corner of Foothill Boulevard and Red Hill Country Club Drive. The proposed changes include replacing the existing 1,389 square foot convenience store with a new 3,235 square foot convenience store, constructing a new parking lot and installing the required public right-of-way improvements; and f. Vehicle access to the fuel island will be from two existing access driveways, one on Foothill Boulevard and one on Red Hill Country Club Drive. A new driveway is proposed from the Red Hill Country Club Drive which will provide access to the convenience store and new parking area. Decorative paving will be provided at each vehicle entrance; and g. 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 and convenience store will operate 24 hours-per-day/7-days per week. The convenience store will include a Type 20 Alcohol Beverage Control (ABC) license, which permits the sale of packaged beer and wine for off - site consumption. Per ABC requirements, alcoholic beverages are not permitted to be sold from 2:00 a.m. to 7:00 a.m., 7 days per week; and h. The area devoted to the sale of alcoholic beverages will be less than 10 percent of the floor area of the convenience store. The closest residential land uses to the project site are single-family residences approximately 100 feet to the northeast along Red Hill Country Club Drive. The nearest school or church is approximately 0.9 miles northeast of the project site (Valle Vista Elementary School). Based on the location of the convenience store and its distance from potentially "sensitive" sites, staff belies that the sale of alcoholic beverages at this location will not be a substantial impact on the community; and i. The facility will employ 9-12 employees with 2-3 employees on -site at all times, not including the fast food restaurant. The convenience store will sell fresh and prepackaged foods and beverages along with items such as batteries, new papers, etc. The convenience store will include a fast food restaurant tenant, the operator of which has not yet been selected. The fast food restaurant will be takeout only and not include seating. The Convenience store and service station PLANNING COMMISSION RESOLUTION NO. 20-11 CUP DRC2018-00936 — KEN KANG FOR 8166 FOOTHILL BOULEVARD, LLC February 12, 2020 Page 3 will employ security cameras that will cover both the interior and exterior of the facility. The on -site manager will regularly monitor the security cameras as well as the parking lot area; and The fast-food restaurant is undetermined at this time with no tenant specified; k. The project is required to provide 10 parking stalls which have been provided. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing 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.applicabie 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 proposed project is to construct a convenience store with a fast-food restaurant and gas station. These uses are permitted with a Conditional Use Permit in the Mixed -Use District. The underlying General Plan designation is Mixed -Use. The proposed development complies with each of the applicable provisions of the Development Code. The proposed development meets all standards outlined in the Development Code and the design and development standards and policies of the Planning Commission and the City. 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 ail related performance criteria and development standards. The project site has been historically used as a service station with a convenience store. The project site is accessed by two public streets and is well suited for the proposed use. The project will comply with each of the development standards for the Mixed -Use (MU) District. C. Granting the permit would not be detrimental to the public interest, health, safety, convenience, orwelfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The proposed land use is consistent with the existing land use and the expectations of the community. Any potential impacts created by the uses on the site will be minimized by the fact that the fuel island will be screened from the nearest residential land use by the convenience store. The onsite lighting will include glare shields and no speakers are proposed on the outside of the. building. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, 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 Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. The Planning Department staff has determined that the project is categoricaliy exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualities as a Class 3 exemption under State CEQA Guidelines Section 15303 -- New Construction or Conversion of Small Structures. The Class 3 exemption permits the construction of commercial buildings up to 10,000 square feet in an urbanized area. The project is for the construction of a 3,235 square foot convenience store in a Mixed -Use zone and there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, PLANNING COMMISSION RESOLUTION NO. 20-11 CUP DRC2018-00936 -- KEN KANG FOR 8166 FOOTHILL BOULEVARD, LLC February 12, 2020 Page 4 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 FEBRUARY 2020. PLANNING COM ION OF THE CITY RANCHO CUCAMONGA BY: Tony Guglielmo, Chairman ATTEST: Anne McIntosh, A CP, Secretary 1, 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 February 2020, by the following vote -to -wit: AYES: - COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: WILLIAMS ABSTAIN: COMMISSIONERS: