FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 25-0007: Conditional Use Permit (CUP) No. 25-0002 - A request to approve a new Alcoholic Beverage Control (ABC) Type 47 (On-Sale, General for Eating Place) License for a newly established restaurant 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 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. 25-0002.
APPLICANT:
Victor Cienfuegos
16550 Orange Way
Fontana, CA 92335
LOCATION:
The project site is located at 10189 Citrus Avenue, Unit 100 (APN: 0251-121-33), within the Citrus Plaza shopping center.
REQUEST:
Conditional Use Permit No. 25-0002- A request for a new State of California Alcoholic Beverage Control (ABC) Type 47 License (On-Sale, General with eating place) for a newly established restaurant within an existing shopping center.
PROJECT PLANNER:
Alexia Barberena, Associate Planner
BACKGROUND INFORMATION:
Land Use Table:
|
|
General Plan |
Zoning/Overlay |
Existing Land Use |
|
Site: |
General Commercial (C-G) |
General Commercial (C-2) |
Shopping Center |
|
North: |
General Commercial (C-G) |
General Commercial (C-2) |
Commercial Center |
|
South: |
Right of Way (ROW) |
N/A |
1-10 Interchange |
|
East: |
General Commercial (C-G) |
General Commercial (C-2) |
Used Auto Sales |
|
West: |
General Commercial (C-G) |
General Commercial (C-2) |
Fuel Service Station Sunrise Ford dealership |
PROJECT DESCRIPTION:
Previous Approval:
1. On December 1, 2016, the City of Fontana Planning Commission approved Administrative Site Plan 16-039, for the relocation and replacement of gasoline pumps and canopy.
2. On. August 7, 2019 the City of Fontana Planning Commission approved several applications for the commercial shopping center, including retail space.
ANALYSIS:
The applicant, Victor Cienfuegos, is requesting that the Planning Commission review and approve Conditional Use Permit No. 25-0002 for a new State of California Alcoholic Beverage Control (ABC) Type 47 License (On-Sale, General with eating place) for a newly established restaurant, REINO 44.
Type of License
A Type 47 (On-Sale, General for eating place) 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. This establishment must maintain suitable kitchen facilities and must make actual and substantial sales of meals for consumption on the premises.
Conditional Use Permit No. 25-0002:
The property is located at 10189 Citrus Avenue. The restaurant is located within an established shopping center. The site can be accessed via two (2) driveways on Citrus Avenue, and two (2) driveways on Valley Boulevard. The hours of operation for the restaurant are Monday - Thursday 7:00am-10:00pm, Saturday 7:00am-12:00am, and Sunday 8:00am to 10:00pm. The sale and consumption of alcohol will be limited to the restaurant hours of operation. The proposal is to obtain 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.
As this is a newly established restaurant, there are no calls for service to report. The Police Department has reviewed the project and has no objections to issuing the CUP for this establishment with the inclusion of 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 particular consideration to the physical relationship and proximity of the proposed use to that of other uses in the surrounding area. The project site abuts Citrus Avenue and the I-10 offramp to the west and south, respectively, commercial and industrial uses to the north and east, and is not in close proximity to any sensitive uses.
Census Tract No.
The shopping center/restaurant 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), four (4) Type 47- on-sale licenses are permitted within Census Tract 33.01. Currently there are seven (7) (per ABC) active Type 47 ABC Licenses within Census Tract No. 33.01. The tract is categorized as overconcentrated. A census tract information matrix is attached (Attachment No. 3). 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.
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 be met as the license will provide a service to those living or working in the vicinity who choose to obtain alcoholic beverages with their food while dining in the restaurant. 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 factors, the Planning Commission may make a finding of Public Convenience or Necessity.
Building Analysis
There are no changes to the exterior façade or footprint of the shopping center in which the restaurant is located. Attachment No. 2 shows the floor plan depicting the location 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 commercial shopping center and the project will not result in an increase in floor area, or 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 33.01
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