FROM:
Planning Department
SUBJECT:
Title
Master Case No. (MCN) 20-027R1: Appeal (APL) No. 24-008, a request to discuss whether the Planning Commission’s findings for and approval of Conditional Use Permit (CUP) No. 95-019R4 to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz. for an existing convenience store have been in accordance with the City of Fontana’s Zoning and Development Code and to discuss whether the approval of same is consistent with past and present City policy.
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RECOMMENDATION:
Recommendation
1. Uphold the staff recommendation and deny the requested modification for CUP95-019R4, thus denying the request to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz;
2. Direct staff to prepare an amendment to the City’s Zoning and Development Code to codify the prohibition of distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz for off-sale ABC licenses.
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COUNCIL GOALS:
• Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
• Promote economic development by establishing a quick, consistent development process.
DISCUSSION:
Background:
On July 16, 2024, the Planning Commission reviewed and approved a request by Jagjit Singh to modify the original conditions of approval of Conditional Use Permit (“CUP”) No. 95-019R4 and allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz. The prior Conditional Use Permit (CUP 95-019R3) included conditions of approval prohibiting the sale of these items.
Appeal:
Expressly without prejudging the appeal in advance of the public hearing and testimony, Mayor Acquanetta Warren submitted an appeal on July 24, 2024 to provide for consideration of the merits of the approval of the Conditional Use Permit modification as approved by the Planning Commission on July 16, 2024. The appeal requests City Council consideration and discussion of whether the approval is consistent with past and present City policy regarding the particular sale of such goods, and whether all the required findings for approval under the Zoning and Development Code were made.
Analysis:
Planning Commission approval of CUP95-019R4
At its July 16, 2024, consideration of CUP No. 95-019R4, the Planning Commission considered the application, testimony from the applicant, and written and verbal reports from staff before voting to approve the proposed amendments by a vote of 4-1. No public communications were received. Prior to voting, the Commission discussed the location of the business, the number and nature of the calls for service, and other factors including the requisite findings. In part, the Planning Commission’s decision was based on the nature of the calls for service for the project site. Additionally, the Planning Commission voiced concern about penalizing all business owners interested in selling singles regardless of their calls for service or status.
Staff’s recommendation to deny the request was based on past practice as well as the memo from the Police Department indicating lack of support for the modification to the CUP. The Planning Commission staff report noted that between January 1, 2023, and January 1, 2024, there were a total of twenty-five (25) calls for service to the shopping center within which the business that is the subject of this application is located. Of these twenty-five calls, it was noted that six were specific to the applicant’s business and that these six calls included calls related to burglary, burglary for beer, assault, fighting, and welfare check.
The Planning Commission staff report, revised resolution for approval, and minutes are provided as Attachment Nos. 3, 4, and 5, respectively.
Off-sale ABC licenses
Prior to late 2007, the City routinely approved CUPs for off-site sales without the size restrictions that have been routinely included as recommended conditions of approval since that time. The City currently has 114 active off-sale ABC licenses, 83 of which are allowed to sell single alcoholic beverages. Based on the Police Department’s observations and the perception of connection between higher crime rates and off-sale establishments that sell singles, in late 2007 the Police Department began recommending restrictions on the size of single alcoholic beverages for off-sale establishments as a tool for protecting the public’s health and safety relative as single use sales can increase alcohol related calls necessitating increased police responses to these locations. Burglaries, disturbing the peace, assaults, and similar crimes are calls often associated with off-sale establishments.
The memorandum for the project that was submitted by the Police Department and included in the Planning Commission staff report raised concerns regarding approval of the modification. The Planning Commission has, since that time, denied a similar request for a CUP modification pertaining to sale of the goods in question, and the City Council upheld the restrictions upon appeal. The staff report for that request noted fourteen calls for service during the preceding period of January 1, 2022, through June 10, 2023; none of the calls specifically related to alcohol sales. The requested modification to remove the size limitations for that business was denied.
The Planning Commission’s decision at the meeting of July 16, 2024, is a reversal of a consistent City practice (over fifteen years preceding this application) of denying the sale of singles. This appeal is for the purposes of discussing the merits of the CUP modification findings as approved by the Planning Commission on July 16, 2024, as well as to discuss whether the approval made is consistent with past and present City policy regarding the particular sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single-size containers of 40 oz or less.
Summary
In summary, the Police Department has reiterated its recommendation for the restriction on single sales of alcoholic beverages for the project location based on public health and safety concerns related to increased alcohol related calls and associated increased police responses required to the location. Further, typical single serve alcoholic beverages are often offered for sale cold and ready to be consumed. This frequently leads to public intoxication, littering, panhandling, and other disruptive behaviors. Further, by restricting the single sale of alcoholic beverages, minors and transients are discouraged from purchasing, as these are typically priced lower and more affordable. The Police Department has reiterated its recommendation to retain the restrictions as a general practice. Staff supports continued use of the restrictions and recommends denial of the requested modifications and direction to staff to prepare an ordinance codifying the restriction.
FISCAL IMPACT:
None.
MOTION:
Approve staff’s recommendation, thus overturning the Planning Commission’s decision and denying the applicant’s request to sell single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz or less.
ATTACHMENTS:
1. Appellant Letter
2. Vicinity Map
3. Map of off-sale licenses within the city
4. Planning Commission Staff Report
5. Revised Planning Commission Resolution
6. Planning Commission Minutes from July 16, 2024 Meeting
7. Police Department Memo
8. Public Hearing Notice