FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) No. 23-042: Conditional Use Permit (CUP) No. 23-006, A request for approval of a Type 41 (On Sale, Beer and Wine) Alcoholic Beverage Control (ABC) license for Round Table Pizza, 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. 23-006
APPLICANT:
Baljit Singh
4320 Briganti Lane
Riverside, CA 92505
LOCATION:
10515 Sierra Avenue, Suite 400 (APN: 0194-371-24)
REQUEST:
Conditional Use Permit (CUP) No. 23-006 - A request to obtain an Alcoholic Beverage Control (ABC) Type 41 (On-Sale, Beer and Wine) License for a sit-down restaurant (Round Table Pizza).
PROJECT PLANNER:
Alexia De La Torre, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
|
|
General Plan |
Zoning/Overlay |
Existing Land Use |
|
Site: |
Walkable Mixed Use-1 (WMXU-1) |
Form Based Code Transitional District |
Multi-Tenant Building with restaurant uses |
|
North: |
General Commercial (C-G) |
Empire Center Specific Plan, Promotional Center |
Palm Court Shopping Center |
|
South: |
Walkable Mixed Use-1 (WMXU-1) |
Form Based Code Transitional District |
Hilton Garden Inn Hotel |
|
East: |
Walkable Mixed Use-1 (WMXU-1) |
Form Based Code Transitional District |
Hilton Garden Inn Hotel |
|
West: |
General Commercial (C-G) |
General Commercial (C-2) |
Chevron Gas Station |
PROJECT DESCRIPTION:
Type of License
A Type 41 (On-sale, Beer and Wine) license authorizes the sale of beer and wine for on-site consumption for a bona-fine eating establishment.
Census Tract No.
The sit-down restaurant is located within Census Tract No. 26.08. A map identifying the census tract boundaries is attached (Attachment No. 3).
Concentration
According to the Department of Alcoholic Beverage Control (ABC), four (4) on-sale licenses are allowed within Census Tract 26.08 before being considered overconcentrated. Currently there are nine (9) licenses operating within Census Tract No. 26.08. Consequently, the California Department of Alcoholic Beverage Control (ABC) considers this tract over-concentrated for on-sale licenses. New licenses may be issued by the Department of ABC where is tract is over-concentrated provided that the Planning Commission can make a finding of Public Convenience or Necessity.
Building Analysis
The Round Table Pizza sit-down restaurant will be located in a suite that is approximately 2,700 square feet. The suite is part of an existing multi-tenant building which includes a Jersey Mikes, Jamba Juice, and Chipotle restaurant.
ANALYSIS:
The Applicant is requesting that the Planning Commission review and approve Conditional Use Permit No. 23-0006 for a Type 41 (On-sale, Beer & Wine) ABC License for a new Round Table Pizza sit-down restaurant.
The property is located on the southeast corner of Sierra Avenue and Slover Avenue. The project site is located in an existing 7,460 square foot multi-tenant building that has four (4) tenant suites. The suite for the sit-down restaurant is approximately 2,700 square feet. The other three (3) suites are being occupied by Jersey Mike’s, Jamba Juice, and Chipotle.
The proposed hours of operation for the sit-down restaurant are from Monday-Sunday 10:00 am-11:00 pm. The proposed sale of alcoholic beverages would be during the business hours of the sit-down restaurant. According to the floor plan, beer and wine will be stored behind the front counter in the restricted staff area accessible by employees only.
All staff will be well-trained for food and alcohol safety and responsibility by obtaining a Food Handler’s certification from the County of San Bernardino Public Health Department and completing a Responsible Beverage Service (RBS) training from an ABC approved RBS training provider.
The Police Department reported that between September 1, 2022, through September 5, 2023, there were a total of 34 calls for service. The majority of the calls were for unhappy customer disputes and one transient related call. The Police Department commented that they do not see a cause for concern with this current proposed ABC License due to the calls not being related to alcohol.
In addition to the City of Fontana’s Zoning and Development Code requirements and standards, 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. Staff found that there are nine (9) on-sale establishments within the same tract (Census Tract 26.08) which is depicted on the table below.
Finding of “Public Convenience or Necessity”
The Type 41 (On-sale, Beer and Wine) license authorizes the sale of beer and wine and consumption on the premises where sold. The Round Table Pizza sit-down restaurant is located within Census Tract 26.08. According to ABC, four (4) on-sale licenses are allowed within Census Tract 26.08 and as previously identified there are nine (9) active on-sale ABC licenses operating within the tract. Therefore, this tract is categorized by ABC as over-concentrated. New licenses may be issued by the Department of ABC where a tract is considered over-concentrated provided that a finding of Public Convenience or Necessity is made by the local jurisdiction.
The finding of the Public Convenience or Necessity can be met as Round Table Pizza is a sit-down restaurant; customers who are eating at the restaurant would likely find it a convenience to have alcoholic beverages with their meal within a controlled environment. The Planning Commission, in the past, has found that sit-down restaurants with a proposed ABC license are a “public benefit” and have made such a finding and approved conditional use permits for the sale of beer and wine for restaurants in over-concentrated areas.
The proposed project would promote the local economy. The sit-down restaurant will provide an additional on-site alcohol consumption location and an additional convenience for residents who live near the southern part of Fontana and the local workforce. The project site is in an established multi-tenant building that is directly adjacent to the Hilton Garden Inn Hotel. This restaurant will likely provide service to guests at the hotel, nearby employees, and residents. The ability to serve alcohol will enable the sit-down restaurant to better compete with other sit-down restaurants within the area that provide the same service.
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 obtain an ABC license to sell alcohol within a commercial tenant suite of 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 26.08
Attachment No. 4 - Matrix of On-Sale Establishments
Attachment No. 5 - Planning Commission Resolution and Conditions of Approval
Attachment No. 7 - Public Hearing Notice