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Title:
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Master Case No. (MCN) 25-0009: Conditional Use Permit (CUP) No. 05-00005-R1 - A request to modify an existing Conditional Use Permit (CUP No. 05-00005) to allow an increase in the floor area in an existing ABC License Type 20 (Off-Sale, Beer and Wine) 7-Eleven convenience store, pursuant to a categorical exemption in accordance with CEQA Guidelines Section 15301.
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FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 25-0009: Conditional Use Permit (CUP) No. 05-00005-R1 - A request to modify an existing Conditional Use Permit (CUP No. 05-00005) to allow an increase in the floor area in an existing ABC License Type 20 (Off-Sale, Beer and Wine) 7-Eleven convenience store, pursuant to a categorical exemption in accordance with CEQA Guidelines Section 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 PC No. 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. 05-00005-R1
APPLICANT:
Sherrie Olson
7-Eleven, Inc.
1030 N. Mountain Avenue
Ontario, CA. 91762
LOCATION:
The project site is located at 15264 Summit Avenue (APN: 1108-021-02).
REQUEST:
Conditional Use Permit No. 05-0005-R1- A request to approve an expansion of an area for sale of beer and wine under an existing ABC Type 20 (Off-Sale, Beer and Wine) License, for an existing convenience store (7-Eleven).
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
General Plan
Zoning/Overlay
Existing Land Use
Site:
General Commercial
(C-G)
Regional Mixed Use (RMU)
Summit Heights Specific Plan
Existing Food Convenience Store
North:
General Commercial
(C-G)
Westgate Specific Plan
Retail Center
South:
Residential Planned Community
(R-PC)
Summit Heights Specific Plan
Summit Avenue/Residential
East:
Residential Planned Community
(R-PC)
Summit Heights Specific Plan
Single-Family Residential
West:
General Commercial
(C-G)
Summit Heights Specific Plan
Beech Ave/Commercial uses
ANALYSIS:
Previous Approval:
1. On July 15, 2005, the Planning Commission approved Conditional Use Permit No. 05-0005 to allow the 7-Eleven convenience store with an ABC Type 20 (Off-Sale, Beer and Wine) License.
Project Description:
The applicant, Sherrie Olson of 7-Eleven, Inc, is requesting that the Planning Commission review and approve Conditional Use Permit No. 05-00005-R1, a request to modify an existing Conditional Use Permit (CUP No. 05-00005) to allow an increase in the floor area in an existing ABC Licensed Type 20 (Off-sale, Beer and Wine) convenience store.
Conditional Use Permit No. 05-0000-R1:
The Project is seeking approval to modify an existing Conditional Use Permit (CUP No. 05-00005) to allow an increase in the floor area in an existing ABC License Type 20 (Off-Sale, Beer and Wine) convenience store located at 15264 Summit Avenue. The convenience store has an existing ABC Type 20 License on the property along with a gas station. The applicant is requesting to expand into the adjoining vacant tenant space of approximately 1,248 square feet. The approved hours for the convenience store are 24 hours a day, seven days a week with no sale of alcoholic beverages to be sold between the hours of 2:00 A.M. to 6:00 A.M.
As noted on the floor plan, the beer and wine sales of the convenience store will occupy less than 10% of the store's shelf space. The location of the beer and wine will be stored in the refrigerated section and on a dry shelf space in close proximity to one another.
The site is accessed by existing driveways off Summit Avenue and Beech Avenue. Parking is 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.
The Police Department has reviewed the project and has no objections to issuing the CUP for expansion of area for this convenience store, provided they comply with the conditions of approval imposed by the Planning Commission and ABC, and provided the Planning Commission makes the appropriate findings.
The City of Fontana Zoning and Development Code states that in judging requests for alcoholic beverage sales, the physical relationship and proximity of the proposed use to that of similar uses on the same or surrounding sites and the compatibility of the proposed use with neighboring uses (i.e. schools, parks, religious institutions, hospitals, and other similar uses). The site is within an existing commercial shopping center and has an existing ABC License Type 20 that has been operating more than 20 years. Staff has determined that the location does not exist near a school, park, religious institution, hospital that is within 600 feet from the existing convenience store and is compatible with the surrounding uses in the commercial shopping center.
Building Analysis:
There are no changes proposed to the exterior fa?ade of the existing convenience store. Attachment No. 2 includes the site plan, and floor plan of the existing building.
Census Tract Number.
The convenience store is located within Census Tract 23.15. A map identifying the Census Tract boundaries is attached (Attachment No. 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), three (3) ABC off-sale licenses are permitted within Census Tract 23.15. Currently there are six (6) active off-sale ABC Licenses within Census Tract No. 23.15 (per ABC). The tract is currently categorized as overconcentrated, however as this is an existing facility, with an approved ABC License prior to the overconcentration, a public convenience or necessity finding is not required. There will be no changes to the existing ABC Type license that was previously approved. A census tract information matrix is attached (Attachment No. 3).
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 site meets the CEQA requirement for a Class 1 exemption, as the project is within an existing convenience store 7-Eleven convenience store. Furthermore, none of the exceptions in CEQA Guidelines section 15300.2 apply to the project.
MOTION:
Approve staff's recommendation.
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Census Tract Map 23.15
Attachment No. 4 - Planning Commission Resolution and Conditions of Approval
Attachment No. 5 - Notice of Exemption
Attachment No. 6 - Public Hearing Notice