FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) No. 23-063: Conditional Use Permit (CUP) No. 23-008 - A request to approve an upgrade of an existing Alcohol Beverage Control (ABC) License Type 20 (Off-sale, Beer and Wine) to an ABC Type 21 (Off-sale, General) for an existing service station, Prestige Fuels, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15301.
End
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2023___; 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 No. 23-008
APPLICANT:
Brandon Deep
16308 Agave Avenue
Fontana, CA 92336
LOCATION:
16414 Foothill Boulevard (APN:0190-081-40)
REQUEST:
Conditional Use Permit (CUP) No. 23-008 - A request to upgrade an existing State of California Alcohol Beverage Control (ABC) License Type 20 (Off-sale, Beer and Wine) to an ABC License Type 21 (Off-sale, General) for an existing service station, Prestige Fuels.
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
PROJECT DESCRIPTION:
Previous Approvals:
A. Administrative Site Plan No. 97-030 was approved on October 27, 1997 for a new service station building on the subject site.
B. Conditional Use Permit No. 18-012 was approved by Planning Commission on December 4, 2018 for a new California Department of Alcoholic Beverage Control (ABC) Type 20 License (Off-sale, Beer and Wine) for a service station.
Type of License
A Type 21 (Off-sale, General) license authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold.
Census Tract No.
The existing service station located within Census Tract No. 28.01. 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) off-sale licenses are allowed within Census Tract 28.01 before being considered over-concentrated. Currently there are five (5) active licenses operating within Census Tract No. 28.01, including the applicant. The census tract is currently over-concentrated; however, the applicant has an existing approved ABC license and is included in the five licenses mentioned above. The requested upgrade to the existing ABC license will not further the over-concentration, therefore, will not require a public convenience or necessity.
Building Analysis
The existing Prestige Fuel service station occupies a tenant space of approximately 1,215 square feet total in an existing multiple tenant commercial building. Attachment No. 1 shows the floor plan of the service station.
ANALYSIS:
The applicant is requesting that the Planning Commission review and approve Conditional Use Permit No. 23-008 for an upgrade to an existing ABC License Type 20 (Off-sale, Beer and Wine) to an ABC License Type 21 (Off-sale, General) for an existing service station Prestige Fuels.
The property is located north of Foothill Boulevard and west of Cypress Avenue. The project site is located within an existing 1,215 square foot tenant space that is a part of a multi-tenant building. The existing hours of operation for the existing service station are from Monday-Sunday 6:00 AM to 12:00 AM. There will be no sales of alcohol from 2:00 AM to 6 AM daily, as required by the Fontana Police Department. According to the floor plan, the location of the distilled spirits will be stored behind the cashier’s counter, accessible to staff members only.
The Police Department reported that between January 1, 2022, through August 3, 2023, there were a total of fifteen calls for service unrelated to alcohol, and two calls related to alcohol. Police Department clarified that the reporting party observed a drunk driver pumping gas while leaving the vehicle running and observed open containers of alcohol. Officers responded and were unable to locate the vehicle and confirm. The second call according to the Police Department reported a male under the influence disturbing individuals. The Police Department had no concerns regarding the ABC License upgrade request since the volume of calls related to alcohol is not considered excessive. Consequently, the Police Department has provided conditions of approval for this project.
In addition to the City of Fontana’s Zoning and Development Code requirements, staff has reviewed the location with particular consideration to the physical relationship and proximity of the proposed use to that of similar uses on the same surrounding sites. The Planning Commission should note the existence of two single-family dwelling units on the same subject parcel, north of the project site. The property was annexed from the County of San Bernardino in 1952 and single-family dwelling units was originally constructed in 1937 and 1948, according to the San Bernardino County Assessor’s property information. The service station has been established and operating for approximately 26 years and operating with an ABC license for approximately 5 years. There have been no active code cases since the ABC license was approved originally and Police Department has no concerns with the upgrade request. Therefore, staff has determined that the current use and upgrade ABC request will not negatively impact the current uses surrounding the project site.
In addition, staff found that there are five (5) off-sale establishments within the same tract (Census Tract 28.01) including the applicant which is depicted on the table below.
|
Business Name |
Address |
License |
CUP |
|
Norms Market |
16286 Foothill Boulevard |
21 |
Yes |
|
Walgreens |
16108 Foothill Boulevard |
20 |
Yes |
|
Cardenas Market |
16212 Foothill Boulevard |
21 |
Yes |
|
Rubins Market 2 |
7980 Sierra Avenue |
21 |
Yes |
|
Prestige Fuels (Applicant) |
16414 Foothill Boulevard |
20 |
Yes |
Environmental:
This project as proposed qualifies for a categorical exemption pursuant to Section No. 15301 (Class No. 1, Existing Facilities) of the California Environmental Quality Act (CEQA), and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the California Environmental Quality Act. The project proposal is to upgraded an ABC license to sell alcohol within an existing building, there are no changes or expansions to the building as part of this application.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Census Tract Map 28.01
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