FROM:
Planning Department
TITLE:
Master Case No. 23-096 and Conditional Use Permit (CUP) No. 23-024: A request to approve an Alcohol Beverage Control (ABC) License Type 21 (Off-Sale, General) for an existing service station with convenience store, Conserv Fuel, pursuant to a categorical exemption in accordance with CEQA Guidelines Section 15301. Title
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2024-____, and
1. Determine that the project is categorically exempt pursuant to Section No. 15301 (Class No. 1 Existing Facilities), and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and
2. Approve Conditional Use Permit No. 23-024
APPLICANT:
Christina Moller, Moller Retail, Inc.
2222 Damon Street
Los Angeles, CA 90021
LOCATION:
8907 Citrus Avenue (APN:0193-014-24).
REQUEST:
Conditional Use Permit (CUP) No. 23-024 - A request for a State of California Alcoholic Beverage Control (ABC) License Type 21 (Off-sale, General) for an existing service station with a convenience store, Conserv Fuel.
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
PROJECT DESCRIPTION:
Previous Approval:
A. Administrative Site Plan No. 17-008 was approved by the Planning Commission on August 7, 2018, for a new service station on the subject site.
B. Conditional Use Permit No. 17-007 was approved by the Planning Commission on August 7, 2018, to establish a 24-hour automobile fuel service station with an automatic car wash.
Type of License
A Type 21 (Off-sale, General) license authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold.
Census Tract No.
The existing service station is located within Census Tract No. 31.01. A map identifying the Census Tract boundaries is attached (Attachment No. 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), three (3) off-sale licenses are allowed within Census Tract 31.01 before being considered over-concentrated. Currently there are five (5) active licenses operating within Census Tract No. 31.01, and the tract is categorized by ABC as over-concentrated. A finding of public convenience and necessity will be required to be made by the Planning Commission.
Building Analysis
There will be no changes to the exterior facade or footprint of the existing 3,332 square foot convenience store. Attachment No. 2 shows the floor plan of the site.
ANALYSIS:
The applicant is requesting that the Planning Commission review and approve Conditional Use Permit No. 23-024 for a new ABC License Type 21 (Off-sale, General) for an existing service station with a convenient store, Conserv Fuel.
The project site is located south of Merrill Avenue and east of Citrus Avenue and contains an existing gas service station with a 3,332 square foot convenience store. The existing service station with convenience store is open 24 hours a day. According to the floor plan, the location of the distilled spirits will be stored behind the cashier’s counter, accessible to staff members only. Beer and wine will be stored in the refrigerated area, with some wine alcohol located on one (1) dry rack.
The service station has been established and operating for approximately 2 years. The new owner, Moller Retail, acquired the business on May of 2023, and is requesting approval to operate with a new Conditional Use Permit utilizing an ABC license Type 21 that will be transferred from another location. There is no active code violation at the project site. Furthermore, the Police Department reported that between January 1, 2022, through August 3, 2023, there was a total of 4 calls for service for the project site, none related to alcohol. The Police Department has no concerns with the request.
In addition to the City of Fontana’s Zoning and Development Code requirements, staff has reviewed the subject location with particular consideration to the physical relationship and proximity of the proposed use to that of similar uses in the surrounding neighborhood. Staff found that there are no sensitive receptors within 600 feet of the project site, however, it should be noted that there is an existing church west of Merrill Avenue and Citrus Avenue located approximately 800 feet away from the project site. Staff has determined that the current use and new ABC license request will not negatively impact the current uses surrounding the project site.
Finding of “Public Convenience or Necessity.”
According to the California State Department of Alcoholic Beverage Control, a total of three (3) off-sale licenses are allowed within Census Tract No. 31.01 before being categorized as over-concentrated. Staff identified five (5) off-sale establishments within the same tract (Census Tract No. 31.01) which is depicted on the table below. New licenses maybe issued by ABC where a tract is over-concentrated, provided that a finding of public convenience or necessity is made by the local jurisdiction. A census tract information matrix is attached (Attachment No. 4 of the Planning Commission’s staff report). The approval of this application will allow the off-sale General of beer and wine and distilled spirits.
The Planning Commission may find that this application would be considered a “public benefit” and therefore meet the definition of Public Convenience and Necessity. The finding of Public Convenience and Necessity can further be met, if a large number of the general population chooses to obtain alcohol within walking distance.
The service station would provide an additional off-site alcohol consumption retail location for the residents who live near Citrus Avenue. There are many residents living in the housing tracts to the north and east of the site that would have access to the alcohol being served by the applicant.
The service station sells gasoline, refreshments and snacks within its convenience store. The convenience store will be open 24 hours daily. Considering these facts, the Planning Commission may make a finding of “Public Convenience or Necessity”.
Environmental:
This project as proposed qualifies for a Categorical Exemption pursuant to Section No. 15301 (Class No.1, Existing Facilities) of the California Environmental Quality Act (CEQA), and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the Californian Environmental Quality Act. The project proposal to upgrade an ABC license to sell alcohol within an existing building, with no changes or expansions to the building as part of this application.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
Attachment No. 1- Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Census Tract Map 31.01
Attachment No. 4 - Matrix of Off-Sale Establishments
Attachment No. 5 - Planning Commission Resolution and Conditions of Approval
Attachment No. 6 - Notice of Exemption
Attachment No. 7 - Public Hearing Notice