FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) No. 23-076: Conditional Use Permit (CUP) No. 23-016, A request for approval of a Type 41 (On Sale, Beer and Wine) Alcoholic Beverage Control (ABC) license for a sit-down restaurant (Chipotle Mexican Grill), 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. 23-016.
APPLICANT:
Timothy Luskin
P.O. Box 182566,
Columbus, OH 43218
LOCATION:
8030 Cherry Avenue (APN: 1100-121-54)
REQUEST:
Conditional Use Permit (CUP) No. 23-016 - A request to obtain an Alcoholic Beverage Control (ABC) Type 41 (On-Sale, Beer and Wine) License for a restaurant with inside seating area (Chipotle Mexican Grill).
PROJECT PLANNER:
Angelica Martinez, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:
|
|
General Plan |
Zoning/Overlay |
Existing Land Use |
|
Site: |
C-C (Community Commercial) |
CC - Commercial/West End Specific Plan |
Commercial |
|
North: |
C-C (Community Commercial) |
CC - Commercial& BP2 - Light Industrial /West End Specific Plan |
Commercial |
|
South: |
C-C (Community Commercial) |
CC - Commercial/West End Specific Plan |
Vacant tire shop |
|
East: |
I-L (Light Industrial) |
BP3 - Rail Served Industrial/West End Specific Plan |
Equipment storage |
|
West: |
C-C (Community Commercial) |
CC - Commercial/West End Specific Plan |
Winco |
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-fide eating establishment.
Census Tract No.
The restaurant is located within Census Tract No. 20.38. 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 license are allowed within Census Tract 20.38 before being considered overconcentrated. Currently there is one (1) on-sale licenses operating within Census Tract No. 20.38. The tract is therefore not categorized by the California Department of Alcoholic Beverage Control (ABC) as over-concentrated. A census tract information matrix is attached (Attachment No.4).
Building Analysis
The Chipotle Mexican Grill sit-down restaurant will be located in a suite that is approximately 4,872 square feet. The suite is part of a multi-tenant commercial building.
ANALYSIS:
The applicant is requesting approval of Conditional Use Permit No. 23-016 for a Type 41 (On-sale, Beer & Wine) ABC License for a new Chipotle Mexican Grill restaurant.
The property is located west of Cherry Avenue and north of Foothill Boulevard. The project site is located within a new 4,872 square foot multi-tenant building that has three (3) tenant suites. The proposed hours of operation for the restaurant are from Monday-Sunday 9:00 A.M - 11:00 P.M. The proposed sale of alcoholic beverages would be during the business hours of the restaurant, which will feature drive-thru service (without alcohol sales) as well as in-restaurant seating and patio area. The sale and consumption of alcohol will be limited to the restaurant premises including the enclosed outdoor patio area. According to the floor plan, the beer and wine will be stored behind the front counter in the restricted staff area accessible by employees 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, provided the Planning Commission makes the appropriate findings. (Attachment No.5)
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. The Zoning and Development Code states 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. There is an existing religious institution approximately 160 feet from the restaurant. Although the Zoning and Development Code recommends at distance of 600 feet between the two uses, it is not required. The proposal is for a type 41 license for the on site sale of beer and wine in a restaurant that will have a full menu with limited hours. Therefore, this request to sell alcohol for on-site consumption will not negatively impact the current uses surrounding the retail center. Staff found that there is one (1) on-sale establishment within the same tract (Census Tract 20.38) which is depicted on the table below.
|
Business Name |
Address |
License |
CUP |
|
Original Grazianos Pizza Restaurant |
7426 Cherry Avenue |
On-Sale |
41 |
Yes |
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 to obtain an ABC license to sell alcohol within a new building (currently under construction), there are no changes or expansions to the approved 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 20.38
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