FROM:
Planning Department
TITLE:
Title
Master Case No. 24-0053 and Conditional Use Permit (CUP) No. 24-0020: A request to approve an Alcoholic Beverage Control (ABC) License Type 21 (Off-Sale General) for an existing convenience store, 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 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 (CUP) No. 24-020
APPLICANT:
Rawlings Consulting
26023 Jefferson Ave, Ste D
Murrieta, CA 92562
LOCATION:
The project site is located on the south of Beech Avenue and west of Summit Avenue (APN: 1108-281-03).
REQUEST:
Conditional Use Permit No. 24-020 - A request for a State of California Alcoholic Beverage Control (ABC) License Type 21 (Off-sale General) to sell alcohol at an existing convenience store.
PROJECT PLANNER:
Angelica Martinez, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
|
|
General Plan |
Zoning/Overlay |
Existing Land Use |
|
Site: |
General Commercial (C-G) |
Summit Heights Specific Plan |
Fueling Station and Convenience Store |
|
North: |
General Commercial (C-G) |
Summit Heights Specific Plan |
Fueling Station and Convenience Store |
|
South: |
General Commercial (C-G) |
Summit Heights Specific Plan |
Commercial |
|
East: |
General Commercial (C-G) |
Summit Heights Specific Plan |
Commercial Restaurant |
|
West: |
General Commercial (C-G) |
Summit Heights Specific Plan |
Commercial |
PROJECT DESCRIPTION:
Previous Approval:
Conditional Use Permit No. 03-013, 14 was approved by the Planning Commission on September 8, 2003. The approval was for the development of a new fueling station with convenience store, and car wash, with off sale beer and wine ABC license for the convenience store.
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. 23.14
The proposed convenience store is located within Census Tract No. 23.14 in the City of Fontana. A map identifying the Census Tract boundaries is attached (Attachment 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), four (4) Type 21- off-sale licenses may be authorized within Census Tract No. 23.14 before being considered over-concentrated. Currently there are three (3) active licenses operating within Census Tract No. 23.14.
Building Analysis
There are no changes to the exterior façade or footprint of the approved 2,945 square foot convenience store.
ANALYSIS:
The applicant, Rawling Consulting, is requesting that the Planning Commission review and approve Conditional Use Permit No. 24-020 for an ABC License Type 21 (Off-Sale General) for an existing approved 2,945 square foot convenience store.
Conditional Use Permit No. 24-020:
At the time of the original application and approval for the fueling station and convenience store, the applicant requested a Type 20 (Off- Sale Beer & Wine). The applicant is now requesting that the Planning Commission review and approve CUP No. 24-020 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 hours of operation for the convenience store at 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.
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 has determined that the new ABC license request will not negatively impact the current uses surrounding the project site. 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:
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. The project proposes to upgrade an ABC license to sell alcohol within an existing convenience store, with no changes or expansions to the building as part of this application. 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