FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) No. 23-069: Conditional Use Permit (CUP) No. 23-013 - A request for approval of a Type 20 (Off-sale, Beer and Wine) Alcoholic Beverage Control (ABC) license for an existing grocery store, International Grocery Bazar, 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. 23-013
APPLICANT:
Manpreet Kaur
13815 Foothill Boulevard
Fontana, CA 92335
LOCATION:
13815 Foothill Boulevard (APN: 0230-011-03)
REQUEST:
Conditional Use Permit (CUP) No. 23-013 - A request to obtain a California Alcoholic Beverage Control (ABC) Type 20 (Off-Sale, Beer and Wine) License for an existing grocery store, International Grocery Bazar.
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
PROJECT DESCRIPTION:
Type of License
A Type 20 (Off-sale, Beer and Wine) license authorizes the sale of beer and wine for consumption off the premises where sold.
Census Tract No.
The existing grocery store is located within Census Tract No. 22.04. A map identifying the census tract boundaries is attached (Attachment No. 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), four (4) off-sale licenses are allowed within Census Tract 22.04 before the census tract is considered overconcentrated. Currently there are five (5) licenses operating within Census Tract No. 22.04. Consequently, the California Department of Alcoholic Beverage Control (ABC) considers this tract over-concentrated for off-sale licenses. New licenses may be issued by the California Department of ABC where the tract is over-concentrated provided that the Planning Commission can make a finding of Public Convenience or Necessity.
Building Analysis:
The existing grocery store, International Grocery Bazar, is a stand-alone building of approximately 4,189 square feet total that is a part of a multi-tenant retail center.
The grocery store is part of an existing multi-tenant retail center that includes a tattoo studio, auto service facility, Pizza and Wings fast food restaurant, a pet groomers facility, Green Family Cremation and Burial, professional offices, and other similar retail uses. The buildings on the project site were constructed in 1990 and annexed into the city on October 24, 1990 (Annex No. 134-Resolution No. 90-196) after construction.
ANALYSIS:
The Applicant is requesting that the Planning Commission review and approve Conditional Use Permit No. 23-013 for a Type 20 (Off-sale, Beer & Wine) ABC License for an existing grocery store, International Grocery Bazar.
The property is located south of Foothill Boulevard and west of Calabash Avenue. The project site is located within an existing 4,189 square foot standalone building that is a part of a multi-tenant retail center. The existing hours of operation for the existing grocery store are from Monday-Sunday 10:00 A.M - 9:00 P.M. The proposed sale of alcoholic beverages would be during the business hours of the existing grocery store. According to the floor plan, the location of the wine will be stored on one shelf rack and beer will be stored within two fridges, both locations are close and visible to the cashier’s check out area.
The Police Department reported that between January 1, 2023, through October 17, 2023, there were three (3) calls for service related to transient disturbances specific to the grocery store, which is not related to alcohol as there is no existing approved ABC license for the grocery store. The Police Department had no comments and 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. A business where a new conditional use permit is requested should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, and other similar uses. The Planning Commission should note the existence of an existing cremation and burial use within the same parcel that is approximately 100’ from the existing grocery store. Based on the operations of the cremation and burial (funeral services), staff has determined that the current use does not operate similarly as the sensitive uses mentioned above, as this use currently provides funeral services and cremation for burial purposes. In addition, the hours of operation for the cremation and burial facility are from Monday through Friday, from 9:00 AM to 5:00 PM. Therefore, the request to sell alcohol for off-site consumption will not negatively impact the current uses surrounding the retail center.
Staff found that there are five (5) off-sale establishments within the same tract (Census Tract 22.04) which is depicted on the table below.
|
Business Name |
Address |
License |
CUP |
|
AM PM ll |
10062 Cherry Avenue |
20 |
Yes |
|
Thrifty 9694 |
8127 Mulberry Avenue |
20 |
County of San Bernardino |
|
Corner Market |
13892 Arrow Boulevard |
21 |
County of San Bernardino |
|
Pilot West |
14312 Slover Boulevard |
20 |
Yes |
|
A&J Liquor Mart |
13677 Foothill Boulevard |
21 |
Yes |
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 existing grocery store, International Grocery Bazar, would provide an additional off-site location for the residents who live near Foothill Boulevard. There are many residents living in the housing tracts to the north and south of the site that would have access to the alcohol being sold by the applicant. The existing grocery store offers a variety of canned food, snacks, fresh vegetables, cleaning supplies, grocery items. The current hours of operation for the grocery store are from 10:00 AM to 9:00 PM, seven days a week.
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.
Environmental:
This project is categorically exempt 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 for the operation of new 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 22.04
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