FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 25-0069: Conditional Use Permit (CUP) No. 25-0018; - A request to approve a new Alcoholic Beverage Control (ABC) Type 41 License (On Sale, Beer and Wine, Eating Place) for an existing restaurant (Carnitas Quiroga), located at 16110 Ceres Avenue, Suites #102-104, (APN: 0191-181-28), pursuant to a Categorical Exemption in accordance with CEQA Guidelines Section 15301.
End
RECOMMENDATION:
Based on the information contained in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2026-____, and,
1. Determine that the project is categorically exempt pursuant to Section No. 15301 (Class No. 1, Existing Facilities) of the California Environmental Quality Act, 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 (CUP) No. 25-0018.
APPLICANT:
ABL Consulting
8780 19th Street, #517
Rancho Cucamonga, CA 91701
LOCATION:
The project site is located at 16110 Ceres Avenue, Suites 102-104, (APN: 0191-181-28), within an existing shopping center.
REQUEST:
Conditional Use Permit No. 25-0018 - A request for a new State of California Alcoholic Beverage Control (ABC) Type 41 License (On-Sale, Beer and Wine, Eating Place) for an existing restaurant within an existing shopping center.
PROJECT PLANNER:
Mai Thao, Associate Planner
BACKGROUND INFORMATION:
Land Use Table:
PROJECT DESCRIPTION:
ANALYSIS
The applicant, ABL Consulting, is requesting that the Planning Commission review and approve Conditional Use Permit No. 25-0018, for a new State of California Alcoholic Beverage Control (ABC) Type 41 License (On-Sale, Beer and Wine, Eating Place) for an existing restaurant, within an existing shopping center.
Type of License
A Type 41 (On-Sale, Beer and Wine, Eating Place) license is issued to bona fide restaurants, and authorizes the sale of beer and wine 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. 25-0018
The property is located at 16110 Ceres Avenue, Suites #102-104. The restaurant is located within an established shopping center. The site can be accessed via two driveways on Ceres Avenue and Citrus Avenue. The hours of operation for the restaurant are Monday through Thursday, 9:00 am to 5:00 pm, Friday 9:00 am to 7:00 pm, and Saturday and Sunday from 8:00 am to 7:00 pm. The sale and consumption of beer and wine will be limited to the restaurant hours of operation. The proposal is to obtain a Type 41 ABC License for the on-site sale and consumption of beer and wine in a restaurant that will have a full menu with limited hours.
As seen in the floor plan, the beer and wine would be displayed in the reach-in cooler, visible through its glass door, behind the cashier counter. Extra storage of beer and wine would be stored in the storage room, accessible to staff members only.
The Police Department has reviewed the project and has no objections to issuing the CUP for this establishment, provided they comply with the conditions of approval imposed by the Planning Commission and ABC and provided that 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 between and proximity of the proposed use to that of similar uses in the surrounding neighborhood. The Zoning and Development Code requirements state that when a new conditional use permit is requested it should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, and other similar uses. Staff found that there are no sensitive receptors within 600 feet of the project site.
Census Tract No.
The shopping center/restaurant is located within Census Tract 28.04. 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) ABC licenses are permitted within Census Tract 28.04 before being considered over-concentrated. Currently there are two (2) (per ABC) active Type 41 ABC Licenses within Census Tract No. 28.04. With this request, there will be a total of three (3) ABC licenses, therefore the tract is not considered over-concentrated, and this license will not require a public convenience or necessity finding. A census tract information matrix is attached (Attachment No. 3).
Building Analysis
There are no changes to the exterior façade, or the footprint of the shopping center where the restaurant is located. Attachment No. 2 shows the site plan and floor plan of the existing building and 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 existing restaurant, 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’s recommendation
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Census Tract Map 28.04 and Matrix of On-Sale Type 41 Establishments
Attachment No. 4 - Planning Commission Resolution, Findings & Conditions of Approval
Attachment No. 5 - Notice of Exemption
Attachment No. 6 - Public Hearing Notice