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File #: PC-24-1750    Version: 1 Name:
Type: Public Hearing Status: Agenda Ready
File created: 9/20/2024 In control: Planning Commission
On agenda: 10/2/2024 Final action:
Title: Conditional Development Permit No. 2024-0013: A request to allow the establishment of an overstock liquidation store within an existing 25,868 square foot commercial building located at 463 E. Foothill Boulevard (APN: 0130-051-51) within the Commercial Pedestrian (C-P) land use district of the Foothill Boulevard Specific Plan. This project is categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA).
Attachments: 1. Exhibit A - Location Map, 2. Exhibit B - Site Plan, 3. Exhibit C - Floor Plan, 4. Exhibit D - Draft Resolution for CDP No. 2024-0013
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For the Planning Commission Meeting of October 2, 2024

TO:                                                               Honorable Chairman and Planning Commissioners

APPROVAL:                                          Colby Cataldi, Director of Community Development

REVIEWED BY:                     Paul Gonzales, Community Development Manager

FROM:                                          Daniel Casey, Principal Planner

 

Title

Conditional Development Permit No. 2024-0013:  A request to allow the establishment of an overstock liquidation store within an existing 25,868 square foot commercial building located at 463 E. Foothill Boulevard (APN: 0130-051-51) within the Commercial Pedestrian (C-P) land use district of the Foothill Boulevard Specific Plan.  This project is categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA).

 

Body

APPLICANT:

 

CA Black Friday, Inc., 2280 Griffin Way, Corona, CA 92879.

 

LOCATION:

 

The project site is located at the southwest corner of Foothill Boulevard and Acacia Avenue at 463 East Foothill Boulevard (APN: 0130-051-51) as show on the location map (Exhibit A).

 

BACKGROUND:

 

Surrounding Land Use and Zoning

Location

Existing Land Use

Zoning

Site

Vacant

Commercial Pedestrian (C-P) in Foothill Boulevard Specific Plan

North

Commercial Businesses

Commercial Pedestrian (C-P) in Foothill Boulevard Specific Plan

South

Single-Family Residences

Single Family Residential (R-1C)

East

Commercial Businesses

Commercial Pedestrian (C-P) in Foothill Boulevard Specific Plan

West

Commercial Businesses

Commercial Pedestrian (C-P) in Foothill Boulevard Specific Plan

 

General Plan Designations

Location

General Plan Designation

Site

Specific Plan with a Specific Plan Overlay (Foothill Boulevard SP)

North

Specific Plan with a Specific Plan Overlay (Foothill Boulevard SP)

South

Residential 6 (2.1 - 6.0 dwelling units per acre)

East

Specific Plan with a Specific Plan Overlay (Foothill Boulevard SP)

West

Specific Plan with a Specific Plan Overlay (Foothill Boulevard SP)

 

Site Characteristics

The project site is a rectangular-shaped area of land approximately 2.16 acres in size.  The project site is developed with one (1) existing 25,868 square-foot commercial building and one (1) existing 3,528 square-foot commercial building.  The 25,868 square foot building is currently vacant, and the 3,528 square foot building is currently occupied by Chuck’s Liquor.   

 

Surrounding Area

The properties to the north, across Foothill Boulevard, are commercial businesses zoned as Commercial Pedestrian (C-P) in the Foothill Boulevard Specific Plan, properties to the south are existing single-family homes zoned as Single-Family Residential (R-1C). The properties to the east, across Acacia Avenue, are commercial businesses zoned as Commercial Pedestrian (C-P) in the Foothill Boulevard Specific Plan, and properties to the west are commercial businesses zoned as Commercial Pedestrian (C-P) in the Foothill Boulevard Specific Plan.

 

ANALYSIS/DISCUSSION:

 

Project Proposal

The applicant proposes to establish and operate a multi-price overstock liquidation store within the vacant 25,868 square-foot building at the project site (Exhibits B and C).  The proposed business is “Black Friday Deals” and will sell deep-discounted overstock items below retail price.  The items for sale will consist of general merchandise including clothing, kitchenware, and toys. Black Friday Deals is requesting to be open from 9:00 a.m. to 7:00 p.m. Friday through Wednesday and closed every Thursday to restock and prepare for the following week.

 

Entitlement Requirements

Per Section 18.66.030Q of the Rialto Municipal Code, the establishment of an overstock liquidation store is subject to the approval of a Conditional Development Permit.  The applicant complied with this requirement and filed a completed Conditional Development Permit (CDP2024-0013) application.

 

Locational Requirements

On March 14, 2012, the Planning Commission instituted a policy requiring a one-half (0.5) mile separation between sole proprietor owned single-price overstock/discount stores, and a one (1) mile separation between national chain single-price overstock/discount stores. Black Friday Deals would be the first overstock liquidation store of its kind in Rialto and therefore it would not cause an over proliferation.

 

Land Use Compatibility

The proposed overstock liquidation store is consistent with the Commercial Pedestrian (C-P) land use district of the Foothill Boulevard Specific Plan and the surrounding commercial uses.  Previously the building was the Rialto Discount Mall and contained various discount retail establishments.  As such, the Planning Division considers the Black Friday Deals compatible with the area in which it will locate.  With the approval of the Conditional Development Permit, Black Friday Deals will be subject to a Planning Commission review within six (6) months from the date of approval to ensure compliance of all Conditions of Approval, and to ensure that the establishment has not become a nuisance.  Thereafter, the establishment will be subject to annual review.

 

GENERAL PLAN CONSISTENCY:

 

The project is consistent with the following goals of the Economic Development Element of the Rialto General Plan:

 

Goal 3-1:  Strengthen and diversify the economic base and employment opportunities and maintain a positive business climate.

 

ENVIRONMENTAL IMPACT:

 

The project is Exempt in accordance with the categorical exemption requirements of the California Environmental Act (CEQA) Section 15301 Exiting Facilities. The project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topological features, involving negligible or no expansion of existing or former use.

 

PUBLIC NOTICE:

 

The City mailed public hearing notices for the proposed project to all property owners within 660 feet of the project site, posted public notes at the site and City Hall, and published the public hearing notice in the San Bernardino Sun newspaper as required by State law.

 

RECOMMENDATION:

 

The Planning Division recommends that the Planning Commission:                      

 

1.                     Determine the project is categorical exemption pursuant to Class 1, Section 15301 (Exiting Facilities) of the California Environmental Act (CEQA).

 

2.                     Adopt the attached Resolution (Exhibit D) to approve Conditional Development Permit No. 2024-0013 allowing the establishment of an overstock liquidation store within an existing 25,868 square foot commercial building located at 463 E. Foothill Boulevard, subject to the findings and conditions therein.