FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 14-010-R1, Conditional Use Permit (CUP) No. 14-003-R1: A request to approve an upgrade to an existing Alcoholic Beverage Control (ABC) Type 41 (On-Sale, Beer and Wine) License to a Type 47 (On-Sale General - Eating Place) License for an existing restaurant (Las Nuevas Islas Mexican Restaurant) pursuant to a categorical exemption in accordance with CEQA Guidelines Section 15301.
RECOMMENDATION:
Based on the information contained in this staff report and subject to the attached Findings and Conditions of Approval; staff recommends that the Planning Commission adopt Resolution No. PC 2025-____, 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. 14-003-R1
APPLICANT:
Sonia Monroy
14765 Foothill Boulevard
Fontana, CA 92335
LOCATION:
The project site is located at 14765 Foothill Boulevard (APN:0230-071-10) within the Foothill Village commercial shopping center.
REQUEST:
Conditional Use Permit No. 14-003-R1- A request to upgrade an existing State of California Alcoholic Beverage Control (ABC) License Type 41 (On-Sale, Beer and Wine) to a Type 47 (On-Sale, General) ABC License for an existing restaurant.
PROJECT PLANNER:
Alexia Barberena, Associate Planner
BACKGROUND INFORMATION:
Land Use Table:
|
|
General Plan |
Zoning/Overlay |
Existing Land Use |
|
Site: |
Walkable Mixed-Use Corridor (WMXU-1) |
Form Based Code (FBC) - Route 66 Gateway District |
Existing Restaurant |
|
North: |
General Commercial (C-G) |
Commercial/Light Industrial West End Specific Plan |
Retail Uses, Storage Facility, Residence |
|
South: |
Walkable Mixed-Use Corridor (WMXU-1) |
Form Based Code (FBC) - Route 66 Gateway District |
Senior Housing |
|
East: |
Multi-Family High Residential (R-MFH) |
Multi-Family High Density Residential (R-5) |
Senior Housing |
|
West: |
Walkable Mixed-Use Corridor (WMXU-1) |
Form Based Code (FBC) - Route 66 Gateway District |
Retail, Residences |
PROJECT DESCRIPTION:
Previous Approval:
1. On July 7, 2009, the Planning Commission approved Conditional Use Permit No. 09-002 for a new sports bar (Main Event Sports Bar) of approximately 5,540 square feet to operate in conjunction with a California Department of Alcohol Beverage Control (ABC) Type 41 (On-sale Beer and Wine for a Public Premise) license.
2. On December 1, 2009, the Planning Commission revoked Conditional Use Permit No. 09-002 for the Main Event Sports Bar which was operating with an ABC Type 41 (On- Sale Beer and Wine for Public Premises) license.
3. On May 6, 2014, the Planning Commission approved Conditional Use Permit No. 14-003 to allow a Type 41 ABC License for the Buscados Mexican Restaurant.
On May 6, 2014, the Planning Commission also approved separate Conditional Use Permit No. 14-004 to allow for incidental entertainment; said incidental entertainment allowed live entertainment only between the hours of 5:00pm and 10:00pm on Tuesday, Wednesday, Saturday, and Sunday nights and prohibited disc jockeys, karaoke, dancing, and similar activities.
ANALYSIS:
The applicant, Sonia Monroy, is requesting that the Planning Commission review and approve Conditional Use Permit No. 14-003-R1 to upgrade an existing State of California Alcoholic Beverage Control (ABC) License Type 41 (On-Sale, Beer and Wine) to a Type 47 (On-Sale, General) ABC License for an existing restaurant. Conditional Use Permit 14-004 is not affected.
Type of License
A Type 47 (On-Sale, General) license is issued to bona fide restaurants and authorizes the sale of beer, wine, and distilled spirits for on-site consumption on the licensed premises. The establishment must maintain suitable kitchen facilities and must make actual and substantial sales of meals for consumption on the premises.
Conditional Use Permit No. 14-003-R1:
The property is located at 14765 Foothill Boulevard. The restaurant is located within an established shopping center. The site can be accessed on Foothill Boulevard or Redwood Avenue. The hours of operation for the restaurant are Monday-Thursday 11am-8pm, Friday-Saturday 11am-10pm, and Sundays 11am-9pm. The sale and consumption of alcohol will be limited to the restaurant hours of operation. The proposal is to upgrade from a Type 41 to a Type 47 ABC license, for the on-site sale and consumption of beer, wine, and distilled spirits, in a restaurant that will have a full menu with limited hours.
According to the floor plan, the beer, wine and distilled spirits would be displayed behind the bar that is accessible to staff only. Extra storage of beer, wine and distilled spirits would be stored on shelves and in a cooler in the kitchen area accessible to staff members only.
The Police Department noted that between January 1, 2024 through December 18, 2024, there were a total of six (6) calls for service for the restaurant address which included four (4) transient disturbances, one (1) report of property damage to the building, and one (1) drunk in public incident not directly related to the restaurant. Staff is recommending approval because in the span of one year there were just six (6) calls for service, which were not a direct result of the restaurant. The City has typically supported ABC licenses for restaurants to attract people to dine in Fontana. Additionally, the Police Department has reviewed the project and has no objections to modifying the CUP for this establishment, provided they comply with the conditions of approval imposed by the Planning Commission and ABC, and provided the Planning Commission makes the appropriate findings.
In addition to the City of Fontana’s Zoning and Development Code requirements, staff has reviewed the subject location with consideration to the physical relationship and proximity of the proposed use to that of similar uses in the surrounding neighborhood. It should be noted that the existing and approved restaurant is in close proximity to a children’s dance studio (approximately 60 feet away). The Zoning and Development Code requirements state that when a new conditional use permit for an ABC license 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. Because this not a new license, is a license for a restaurant, and additionally because the restaurant is located within a commercial center containing multiple uses, staff does not find the 600’ separation to be warranted.
Census Tract No.
The existing restaurant is located within Census Tract 24.04. A map identifying the Census Tract boundaries is attached (Attachment No. 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), two (2) Type 47- on sale licenses are permitted within Census Tract 24.04. Currently there are three (3) existing on-sale active within Census Tract No. 24.04. The tract is categorized as overconcentrated. Approving the license upgrade to a Type 47 will not increase the number of licenses within the tract and a finding for Public Convenience and Necessity is therefore not required. A census tract information matrix is attached. (Attachment No. 4)
Building Analysis
There are no changes to the exterior façade or footprint of the 5,540 square foot existing restaurant. Attachment No. 2 shows the floor plan of the existing building and the location of where the alcoholic beverages will be stored.
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 meets the CEQA requirements for a Class 1 exemption, as the project is within an existing restaurant, and will not result in an increase in floor area or any expansions to the building. Furthermore, none of the exceptions in CEQA Guidelines section 15300.2 apply to the project.
MOTION:
Approve staff recommendation.
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Census Tract Map 24.04
Attachment No. 4 - Matrix of On-Sale Establishments
Attachment No. 5 - Planning Commission Resolution and Conditions of Approval
Attachment No. 6 - Notice of Exemption
Attachment No. 7 - Public Hearing Notice