FROM:
Planning Department
TITLE:
Title
Master Case No. 22-011-R2 and Conditional Use Permit (CUP) No. 24-017- A request for approval of an ABC (Type 21 Off-Sale General) License for a convenience store within a previously approved commercial center, on a 6.53 adjusted gross acre site, located at APNs:0241-051-01, -02, -16, -17 and -32 pursuant to a Categorical Exemption in accordance with CEQA Guidelines Section No. 15301.
End
RECOMMENDATION:
Based on the information 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 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 (CUP) No. 24-017
APPLICANT:
Midland Investments LLC
3270 Inland Empire Boulevard, Suite 430
Ontario, CA 91764
LOCATION:
The project site is located on the southwest corner of Sierra Avenue and Baseline Avenue (APNs:0241-051-01, -02, -16, 17 and -32), on approximately 6.53 acres.
REQUEST:
Conditional Use Permit No. 24-017 - A request for a State of California Alcoholic Beverage Control License Type 21 (Off-sale General) to sell alcohol at a convenience store within a previously approved commercial center.
PROJECT PLANNER:
Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:
Land Use Table:
PROJECT DESCRIPTION:
Previous Approval:
Master Case No. 22-011 was approved by the Planning Commission on August 15, 2023. The approval was for the development of the subject site with a new commercial center consisting of a fueling station with convenience store, quick service restaurant and drive-thru coffee shop, sit down restaurant, drug store and a two-story retail/office building.
Type of License
A Type 21 (Off-Sale-General) License authorizes the sale of beer, wine and spirits for consumption off the premises where sold.
Census Tract No. 23.08
The proposed convenience store is located within Census Tract No. 23.08 in the City of Fontana. A map identifying the Census Tract boundaries is attached (Attachment No. 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), six (6) Type 21- off-sale licenses may be authorized within Census Tract No. 23.08 before being considered over-concentrated. Currently there are five (5) active licenses operating within Census Tract No. 23.08.
Building Analysis
There are no changes to the exterior façade or footprint of the approved 5,603 square foot convenience store.
ANALYSIS:
The applicant, Midland Investments LLC, is requesting that the Planning Commission review and approve Conditional Use Permit No. 24-017 for an ABC (Type 21- Off-Sale General) License at a 5,603 square foot convenience store within a previously approved commercial center.
Conditional Use Permit No. 24-017:
The applicant, Midland Investments LLC, is requesting that the Planning Commission review and approve Conditional Use Permit No. 24-017 for an ABC (Type 21- Off-Sale General) License at a 5,603 square foot convenience store within a previously approved commercial center.
Conditional Use Permit No. 24-017:
At the time of the original application and approval for the commercial center, the applicant did not request to sell alcohol. The applicant is now requesting that the Planning Commission review and approve CUP No. 24-017 for a Type 21 (Off- Sale General) ABC license. The alcohol sales will take place at the convenience store on the site of the fueling station.
The subject site is currently undeveloped as the previously approved commercial center has not yet been constructed. However, construction plans for the commercial center are currently being reviewed as part of the plan check process and the applicant is looking to begin construction as soon as building permits are issued.
The hours of operation for the convenience store will be 24 hours per day. However, alcohol sales will be prohibited between 2:00 am and 6:00 am. According to the floor plan, beer and wine will be stored in coolers and spirits will be located behind the cashier’s counter in an area accessible to staff members only.
The Police Department has not expressed any concerns with the approval of the requested Conditional Use Permit. Because the commercial center has not been constructed, there are no history or calls of service to consider at this time.
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. There is not an overconcentration of alcohol sales for off-site consumption in the census tract or general vicinity. Further, staff has determined that the opportunity to purchase food and drinks (including alcohol) at the convenience store will provide accessibility and convenience to those residing in the area while not negatively impacting the current uses surrounding the project staff.
Environmental:
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15301 (Class No. 1 Existing Facilities) of the CEQA Guidelines and Section No. 3.22 (Categorical Exemption) of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, as the project does not involve alterations to the convenience store building, which will be constructed prior to the start of alcohol sales. Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply to the project.
MOTION:
Approve staff’s recommendation
ATTACHMENTS:
1. Vicinity Map
2. Project Plans
3. Census Tract Map
4. License Matrix
5. Planning Commission Resolution and Conditions of Approval
6. Notice of Exemption
7. Public Hearing Notice