FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 24-0046: Conditional Use Permit (CUP) No. 24-0014, A request for approval of a Type 41 (On-Sale, Beer and Wine) Alcoholic Beverage Control (ABC) license for an existing sit-down restaurant (Mucho Gusto Peruvian Restaurant), pursuant to a Categorical Exemption in accordance with CEQA Guidelines 15301.
End
RECOMMENDATION:
Based on the information contained in this staff report and subject to the attached Conditions 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 1, Existing Facilities), and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption; and,
2. Approve Conditional Use Permit (CUP) No. 24-0014.
APPLICANT:
Melanie Salazar
10660 Sierra Avenue
Fontana, CA92337
LOCATION:
The project site is located at 10660 Sierra Avenue (APN:0255-191-36).
REQUEST:
Conditional Use Permit No. 24-0014 - A request to obtain an Alcoholic Beverage Control (ABC) Type 41 (On-Sale, Beer and Wine) License for a restaurant with inside seating area (Mucho Gusto Peruvian Restaurant).
PROJECT PLANNER:
Angelica Martinez, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
|
|
General Plan |
Zoning/Overlay |
Existing Land Use |
|
Site: |
Community Commercial (CC) |
Community Commercial (C-1) |
Commercial Plaza |
|
North: |
General Commercial (C-G) |
General Commercial (C-2) |
Commercial uses Gas Station |
|
South: |
Community Commercial (C-C) |
Community Commercial (C-1) |
Commercial Plaza |
|
East: |
Community Commercial (CC) |
Community Commercial (C-1) |
Commercial Plaza Parking |
|
West: |
Residential-Planned Community (R-PC) |
Residential-Planned Community (R-PC) |
Single Family Residential |
PROJECT DESCRIPTION:
Type of License
A Type 41 (On-Sale-Beer and Wine) license authorizes the sale of beer and wine for consumption for a bona-fide eating establishment.
Census Tract No.
The existing restaurant is located within Census Tract 26.09. A map identifying the Census Tract boundaries is attached (Attachment 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), two (2) Type 41- on sale licenses are permitted within Census Tract 26.09. Currently there are four (4) Off-Sale Licenses active licenses operating within Census Tract 26.09. The census tract is categorized as overconcentrated for on-sale licenses and will require that a finding of public convenience and necessity be made by the local jurisdiction. A census tract information matrix is attached. (Attachment No. 3).
Building Analysis
There are no changes to the exterior façade or footprint of the 1,211 square foot existing restaurant. Attachment No. 2 shows the floor plan of the site.
The site will be accessed by one of two driveways on Sierra Avenue. Parking will be provided in an existing parking lot which is accentuated with landscaping. The existing parking provided meets the minimum parking spaces required by the Fontana Municipal Code.
ANALYSIS:
The applicant is requesting approval of Conditional Use Permit No. 24-0014 for a Type 41 (On-sale, Beer and Wine) ABC license for an existing restaurant (Mucho Gusto Peruvian Restaurant).
Conditional Use Permit No. 24-0014:
The property is located at 10660 Sierra Avenue. The restaurant is located within a commercial plaza multi-tenant building. The existing hours of operation for the restaurant, for the sale of beer and wine are from 11 a.m. to 8 p.m. and these hours are not proposed to change. The sale and consumption of alcohol will be limited to the restaurant premises. The proposal is for a type 41 license for the onsite sale of beer and wine in a restaurant that will have a full menu with limited hours. The restaurant currently provides a unique Peruvian menu and the requested ABC license will enable the restaurant to offer beer and wine for those wishing to purchase such beverages. The Planning Commission may thus 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 potential customers of the business include a large number of residents within walking distance who may choose to patronize the restaurant, which further supports project approval and the finding of Public Convenience and Necessity.
According to the floor plan, the location of the beer and wine will be stored in a cooler, accessible to staff members only.
The Police Department reported that between January 1, 2023, through March 1, 2023, there was a total of 17 calls for service for the project site, none related to alcohol. The Police Department has no objections to issuing the CUP for this establishment and is in support of the requested ABC license 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. The Zoning and Development Code requirements states that when a new conditional use permit is requested it should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, and other similar uses. Staff found that there are no such uses within 600 feet of the project site and have determined that the new ABC license request will not negatively impact the current uses surrounding the project site. The commercial uses within the center include restaurants, staffing services, dental and clinic offices, beauty and cosmetic salons.
Environmental:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines and Section No. 3.22 (Categorical Exemption) of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, staff has determined that the proposed Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section No. 15301, (Class 1, Existing Facilities). The project site is considered exempt and meets the CEQA requirement, as the project is an existing restaurant, and the project will not result in an increase to floor area, with no changes or expansions to the building. Furthermore, none of the exceptions in CEQA Guidelines section15300.2 apply to the project.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1 - Vicinity Map
2 - Project Plans
3 - Census Tract Map 26.09
4 - Matrix of On-Sale Establishments
5 - Planning Commission Resolution and Conditions of Approval
6 - Police Department Memo
7 - Notice of Exemption
8 - Public Hearing Notice