Planning Department
TITLE:
Master Case No. 17-007 (R2): Conditional Use Permit (CUP) No. 17-006(R2) - A request to downgrade an existing Type 21 (Off-Sale General) ABC license to a Type 20 (Off-Sale Beer and Wine) ABC license for an existing service station with convenience store, Conserv Fuel, pursuant to a categorical exemption in accordance with CEQA Guidelines Section 15301.
RECOMMENDATION:
Based on the information in this staff report and subject to the attached Findings and Condition of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2024- ____; and,
1. Determine that the project is categorically exempt pursuant to Section No. 15301 (Class No. 1 Existing Facilities) of the CEQA Guidelines, 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. 17-006 (R2)
APPLICANT:
Brett Engstrom
2222 Damon St.
Los Angeles, CA 90021
LOCATION:
9142 Citrus Avenue (APN: 0233-142-11)
REQUEST:
Conditional Use Permit (CUP) No. 17-006(R2) A request to downgrade an existing Type 21 (Off-Sale General) ABC license to a Type 20 (Off-Sale Beer and Wine) ABC license for an existing service station with convenience store, Conserv Fuel.
PROJECT PLANNER:
Angelica Martinez, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
|
Land Use Designation |
General Plan Designation |
Zoning Designation |
Existing Land Use |
|
Site |
Community Commercial (C-C) |
Community Commercial (C-1) |
Service Station and Convenience store |
|
North |
Single-Family Residential (R-SF) |
Single Family Residential (R-1) |
Single-Family Homes |
|
South |
Medium Density Residential (RM) |
Medium Density Residential(R-2) |
Multi-Family Homes |
|
East |
Community Commercial (C-C) Single-Family Residential (R-SF) |
Community Commercial (C-1) Single Family Residential (R-1) |
Fuel service station, Retail, and Single-Family Homes |
|
West |
Single-Family Residential (R-SF) |
Single Family Residential (R-1) |
Single-Family Homes |
PROJECT DESCRIPTION:
Previous Approval:
A. Conditional Use Permit No. 17-005 was approved by the Planning Commission on December 19, 2017, for a new service station on the subject site.
B. Conditional Use Permit No. 17-006 was approved by the Planning Commission on December 19, 2017, for a Type 21 (Off-Sale General) license.
C. Master Case Number 17-007R1 was approved by the Director of Community Development on September 3, 2019, for the time extension of Conditional Use Permit No. 17-005 and Administrative Site Plan No. 17-005.
D. Construction was completed and finalized on June 14, 2022. The owner received the Certificate of Occupancy on March 29, 2023.
Type of License
A Type 20 (Off-sale, Beer and Wine) License would replace the current Type 21 (Off-Sale General) License. The Type 20 License authorizes the sale of beer and wine for consumption off the premises where sold.
Census Tract No.
The existing service station and convenience store is located within Census Tract No. 24.05. 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 24.05 before being considered over-concentrated. Currently, there are four (4) active licenses operating within Census Tract No. 24.05. this tract is categorized by ABC as over-concentrated for off-sales licenses. At the time CUP No. 17-000006 was approved, a Findings of Convenience and Necessity was approved. It is not required as part of this request as the ABC license is already approved and active.
Building Analysis:
There will be no changes to the exterior facade or footprint of the existing 2,910 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. 17-006R2 to downgrade the existing Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) License to a Type 20 Alcoholic Beverage Control (ABC) license (Off-sale, Beer and Wine) for an existing service station with convenience store, Conserv Fuel.
The project site is located on southwest corner of Citrus Avenue and Fontana Avenue and contains an existing gas service station with a 2,910 square foot convenience store. The existing service station is open 24 hours a day. The proposed beer and wine sales are limited from 6 a.m. to 2 a.m. daily. According to the floor plan, the beer is to be stored in the refrigerated area with wine located on one (1) dry rack.
The owner Moller Retail, is requesting a downgrade of the existing Type 21 (Off-Sale, General) license to a Type 20 (Off-Sale Beer and Wine) license as they obtained approval to transfer their existing Type 21 license another facility.
The Police Department noted that between January 1, 2023, through January 1, 2024, there was a total of four (4) calls for service related to alcohol. The four calls included transient disturbance, welfare checks, and burglary for beer. The Police Department has no concerns with the request and is in support of the requested downgrade modification to allow the sale of beer and wine alcoholic beverages.
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 and has determined that the current use and new ABC license request will not negatively impact the current uses surrounding the project site.
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) Guidelines, and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the California Environmental Quality Act and none of the exceptions in CEQA Guidelines section 15300.2 apply to the project. 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 - Floor Plan
Attachment No. 3 - Census Tract Map No. 24.05
Attachment No. 4 - Matrix of Off-Sale Establishments
Attachment No. 5 - Planning Commission Resolution and Conditions of Approval
Attachment No. 6 - Police Department Memo
Attachment No. 7 - Previously Approved PC Report (MCN No. 17-007)
Attachment No. 8 - Notice of Exemption
Attachment No. 9 - Public Hearing Notice