FROM:
Planning Department
TITLE:
Title
Master Case (MCN) No. 20-027R1: Conditional Use Permit (CUP) No. 95-019R4 - A request to modify conditions of approval for an existing Alcoholic Beverage Control (ABC) license to allow the sale of distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz or less for the existing Circle K convenience store located at 16119 Foothill Boulevard, pursuant to CEQA Guidelines Section No. 15301 (Existing Facilities). (Continued from June 18, 2024)
End
RECOMMENDATION:
Based on the information in this staff report, staff recommends that the Planning Commission:
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. Deny Conditional Use Permit No. 95-019R4 subject to the attached findings.
APPLICANT:
Jagjit Singh
J & Sandeep, Inc.
16119 Foothill Boulevard
Fontana, CA 92336
LOCATION:
16119 Foothill Boulevard (APN: 0191-011-06).
REQUEST:
Conditional Use Permit (CUP) No. 95-019R4 - A request to modify the existing Conditions of Approval, specifically Condition Nos. 13 through 15, of a previously approved Conditional Use Permit (CUP No. 95-019R3) for the existing Circle K store located at 16119 Foothill Boulevard, and allow the sale of single distilled spirits and wine smaller than 375ml and the sale of beer/malt beverages in single size containers of 40 oz. or less in association with the existing ABC License Type 21 (Off-Sale General).
PROJECT PLANNER:
Alexia De La Torre, Assistant Planner
BACKGROUND INFORMATION:
This project was originally scheduled for the February 20, 2024, Planning Commission meeting, it was continued to the March 5, 2024, Planning Commission meeting, then continued to the April 16, 2024, Planning Commission meeting, then continued to the June 18, 2024, Planning Commission meeting, and then continued to the July 16, 2024 Planning Commission meeting, all at the request of the applicant.
Land Use Table
|
Land Use Designation |
General Plan Designation |
Zoning Designation |
Existing Land Use |
|
Site |
Walkable Mixed Use - 1 (WMXU-1) |
Route 66 Gateway Form Based Code |
Commercial Center with various retail/service uses |
|
North |
Community Commercial (C-C) |
Community Commercial (C-1) |
Commercial Center |
|
South |
Walkable Mixed Use - 1 (WMXU-1) |
Route 66 Gateway Form Based Code |
Kinder Care educational center |
|
East |
Walkable Mixed Use - 1 (WMXU-1) |
Route 66 Gateway Form Based Code |
Commercial center with various retail/service uses |
|
West |
Walkable Mixed Use - 1 (WMXU-1) |
Route 66 Gateway Form Based Code |
Commercial center with various retail/service uses |
The first Conditional Use Permit for alcoholic beverage sales at this location was approved by the Planning Commission on February 27, 1995, with approval of CUP 95-019 for a Type 20 (Off-Sale Beer and Wine) ABC license for a convenience store. Throughout the years the city received multiple requests that were subsequently approved for the transfer of the ABC licenses to new business owners for the same use on the same site. On April 21, 2020, the Planning Commission approved a request to upgrade the Type 20 (Off-Sale Beer and Wine) ABC license to a Type 21 (Off-Sale General) ABC license. The Type 21 license allows for beer, wine and distilled spirits. This approval incorporated conditions prohibiting the sale of single distilled spirits smaller than 375 ml and the sale of beer/malt beverages in single-size containers of 40 oz or less.
PROJECT DESCRIPTION:
Background
The Circle K convenience store is located within Census Tract No. 28.03. A map identifying the census tract boundaries is attached (Attachment No. 3).
According to the California Department of Alcoholic Beverage Control (ABC), two (2) off-sale licenses are allowed within Census Tract 28.03 before being considered over-concentrated. Currently, there are four (4) active licenses operating within Census Tract No. 28.03. Consequently, the California Department of Alcoholic Beverage Control (ABC) considers this tract over-concentrated for off-sales licenses. The applicant has an approved ABC license which is part of the four (4) licenses that are mentioned above. The current project proposes the modification of existing Conditions of Approval, specifically Condition Nos. 13 through 15 of previously approved Conditional Use Permit (CUP) No. 95-019R4 which prohibit the sale of sales of single distilled spirits smaller than 375ml and the sale of beer/malt beverages in single size containers of 40 oz. or less.
Findings of Convenience and Necessity:
At the time CUP No. 95-019R3 was approved, a Findings of Convenience and Necessity was not required. It is not required as part of this request as the ABC license is already approved and active.
Building Analysis:
The existing Circle K convenience store is approximately 2,600 square feet within a parcel that is approximately 0.7 adjusted gross acres. The project site was annexed into the City on June 25, 1952, and the existing building was constructed in 1973.
Previously Approved CUP No. 95-019R3:
The Conditions of Approval from CUP No. 95-019R3 (Attachment No. 8) did not allow the sale of smaller packaged alcohol beverages. Historically, the Planning Commission and City staff have approved other similar use permits with these restrictions.
ANALYSIS:
The Applicant is requesting that the Planning Commission review and approve a modification to a previously approved Conditional Use Permit - CUP No. 95-019R3 (current case file # CUP No. 95-019R4) - to allow the sale of smaller single sized alcoholic beverages. Specifically, this conditional use permit modification request seeks approval of the modification of Conditions of Approval No. 13, 14, & 15 of CUP No. 95-019 in order to allow the sale of single distilled spirits and wine smaller than 375ml and the sale of beer/malt beverages in single size containers of 40 oz. or less. Conditions Nos. 13 through 15 read as follows:
13. The licensee shall not sell single bottle[s] of wine in less than 750 ml. Containers. Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted.
14. No distilled spirits shall be sold in bottles or containers smaller than 375 milliliters (pint).
15. The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.
The project site is within an approximately 5,300 square foot multi-tenant building that has multiple other tenants. The convenience store business suite is approximately 2,600 square feet. The other sites are occupied by various types of retail businesses including an ice cream shop, donut store, barbershop, tattoo shop, medical office, and other similar uses. It should be noted that the existing and approved convenience store is located in close proximity (approximately 192 feet from Circle K) to an existing Kinder Care center which offers educational care for children up to 12 years old. Section 30-492 of the Zoning and Development Code states that new ABC Licenses should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses. The current request is to modify an approved set of conditions for an approved convenience store that currently holds a Type 21 ABC License.
The convenience store is open 24 hours a day, seven days a week. According to the floor plan, beer is currently stored in the refrigerated section and distilled spirits are currently stored behind the front counter in the restricted staff area accessible by employees only.
The Police Department noted that between January 1, 2023, through January 1, 2024, there were a total of twenty-five (25) calls for service for the shopping center which included traffic stops, transient disturbance, burglary, burglary for beer, assault, welfare check, subjects fighting, and other miscellaneous calls. The Circle K business had six (6) specific calls for service out of the 25. The six calls include burglary, burglary for beer, assault, welfare check, and fighting.
The Police Department is not in support of the requested modification to allow the sale of smaller single alcoholic beverages based on concerns related to public health and safety. Typical single serve alcoholic beverages are often offered for sale cold and ready to be consumed. This frequently leads to public intoxication, littering, panhandling, and other disruptive behaviors. Further, by restricting the single sale of alcoholic beverages, minors and transients are discouraged from purchasing, as these are typically priced lower and more affordable. Staff is recommending that the Planning Commission deny the applicant's request based on the findings contained in the attached Planning Commission resolution.
Environmental:
This 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 Local 2019 Guidelines for Implementing the California Environmental Quality Act as the project proposal would not result in changes or expansions to the building. Furthermore, none of the exceptions in CEQA Guidelines section 15300.2 apply to this project.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Floor Plan
Attachment No. 3 - Census Tract Map No. 28.03
Attachment No. 4 - Matrix of Off-Sale Establishments
Attachment No. 5 - Resolution and Findings
Attachment No. 6 - Police Department Memo
Attachment No. 7 - Previously Approved PC Report (MCN No. 20-027)
Attachment No. 8 - Public Hearing Notice of Continuance