FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 25-0001 and Conditional Use Permit (CUP) No. 25-0001: A request to approve an Alcoholic Beverage Control (ABC) License Type 20 (Off Sale, Beer & Wine) for an existing food market (ALDI Food Market), pursuant to a categorical exemption in accordance with CEQA Guidelines Section No. 15301.
End
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. 25-0001
APPLICANT:
Greenberg Farrow
Bahareh Sehatzadeh
4695 MacArthur Court, Suite No. 1450
Newport Beach, CA 92660
LOCATION:
The project site is located at the southwest corner of Sierra Avenue and Marygold Avenue at 9954 Sierra Avenue, Suite 100 (APN: 0193-361-05).
REQUEST:
Conditional Use Permit No. 25-0001 - A request for a State of California Alcoholic Beverage Control (ABC) License Type 20 (Off-Sale, Beer and Wine) to sell alcohol at an existing food market within an existing shopping center.
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
1. Land Use Table:
ANALYSIS:
Previous Approval:
1. On July 16, 2023, the Director of Planning approved Administrative Site Plan No. 23-001 for a façade modification for a new food market (ALDI Food Market) grocery store.
The applicant, Bahareh Sehatzadeh, Greenberg Farrow, is requesting that the Planning Commission review and approve Conditional Use Permit No. 25-0001 for a Type 20 (Off-sale, Beer and Wine) ABC license for a food market (ALDI). The previous business located in this location had a Type 21 ABC License that was surrendered in June of 2023.
Type of License:
A Type 20 (Off-Sale, Beer & Wine) license is a license issued to retail stores authorizing the sale of beer and wine for consumption off the premises where sold.
Conditional Use Permit No. 25-0001:
The property is located at 9954 Sierra Avenue, Suite No. 100. The food market is located on the property within an existing shopping center. The proposed hours for the food market for the sale of beer and wine are from 9:00 AM to 9:00 PM, seven days a week, with a total of approximately 20 employees with 3-7 employees per shift. ALDI market does not sell single bottles of beer.
The site will be accessed by a driveway off Sierra Avenue and Marygold 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.
According to the floor plan, the alcoholic beverage sales of the food market will occupy less than 10% of the store’s shelf space. The location of the beer and wine will be stored in an area accessible only to staff members.
The Police Department has reviewed the project and has no objections to issuing the CUP for this establishment, provided they comply with the conditions of approval imposed by the Planning Commission, 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 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 sensitive receptors 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 Planning Commission should note the existence of the Kaiser Hospital that is approximately 830 feet east from the project site.
Census Tract Number:
The shopping center is located within Census Tract 33.01. A map identifying the Census Tract boundaries is attached (Attachment 3).
Concentration:
According to the California Department of Alcoholic Beverage Control (ABC), three (3) Type 20- off- sale licenses are permitted within Census Tract 33.01. Currently there are seven (7) (per ABC) active Type 20 ABC Licenses within Census Tract No. 33.01. The tract is categorized as overconcentrated. New licenses may be issued by the California Department of ABC where the tract is overconcentrated provided that the Planning Commission can make a finding of Public Convenience or Necessity. A census tract information matrix is attached. (Attachment No. 3)
Finding of “Public Convenience or Necessity”:
The Planning Commission may find that this application would be considered a “public benefit” and therefore meet the definition of Public Convenience or Necessity. The finding of Public Convenience or Necessity can further be met, if the license may provide a service to those living in the vicinity who choose to obtain alcoholic beverages within walking distance and/or in conjunction with shopping for groceries. The grocery store would provide an additional off-site location for the residents who live near Sierra Avenue Boulevard or who frequent shop at the existing shopping center.
Furthermore, the granting of this CUP supports the City Council’s goal “To Promote Economic Development and being business friendly at all levels”, which includes the following objectives: business attraction, retention, and expansion. Considering these facts, the Planning Commission may make a finding of Public Convenience or Necessity.
Building Analysis:
There are no changes to the exterior façade of the existing 20,394 square foot Food Market. Attachment No. 2 shows the site plan, and floor plan of the existing building.
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 establish a new ABC license to sell alcohol within an existing food market, 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 recommendation.
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Census Tract Map 33.01
Attachment No. 4 - Matrix of Off-Sale Establishments
Attachment No. 5 - Planning Commission Resolution and Conditions of Approval
Attachment No. 6 - Notice of Exemption
Attachment No. 7 - Public Hearing Notice