FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 25-0057; Conditional Use Permit (CUP) No. 25-0014 - A request to establish a smoke shop in an existing commercial building located at 13819 Foothill Boulevard, Unit B, 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. 2026-___, and
1. Determine that the project is categorically exempt pursuant to CEQA Guidelines 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 (CUP) No. 25-0014.
APPLICANT:
Esmeralda Alarcon
Aze Tax and Accounting Services
4795 Holt Blvd., Suite No. 106
Montclair, CA 91763
LOCATION:
The project site is located on the south side of Foothill Boulevard and east of Mulberry Avenue at 13819 Foothill Boulevard, Unit B (APN: 0230-011-03).
REQUEST:
Conditional Use Permit No. 25-0014 - A request to establish a smoke shop within an existing commercial shopping center.
PROJECT PLANNER:
Mai Thao, Associate Planner
BACKGROUND INFORMATION:
Land Use Table
PROJECT DESCRIPTION:
A. Site Area: 89,790 square feet/Approximately 2.0 acres
B. Building Analysis:
Existing Suite: 902 square feet
ANALYSIS:
The Applicant, Esmeralda Alarcon, is requesting that the Planning Commission review and approve Conditional Use Permit No. 25-0014 to establish a smoke shop within an existing commercial building, on approximately 2.0 acres.
Conditional Use Permit No. 25-0014
Pursuant to the Zoning and Development Code Section 30-359, smoke shops are permitted in the Form Based Code/Route 66 Gateway zoning district with the approval of a conditional use permit. This zoning designation allows for a mixture of commercial and retail activities while ensuring that businesses with potential public health or safety impacts, such as smoke shops and tobacco retailers, are reviewed through a conditional use permit. The Applicant proposes to establish a smoke shop to be located within an existing 902 square foot commercial suite within an existing commercial shopping center. The commercial shopping center includes various retail, personal care services, fast food restaurants, an auto service facility, and a funeral mortuary facility. Staff finds that the site is well-suited for the proposed smoke shop and is consistent with the surrounding commercial uses. It should be noted that while the Form Based Code does not have specific distance requirements for smoke shops, the tenant space is not located near within any existing or proposed school, park, religious institution, hospital, or youth facility. The smoke shop will sell tobacco products, tobacco accessories, and lottery tickets. The hours of operation are from 10:00 a.m. to 10:00 p.m., seven days a week. The premise of all conditional use permits is to ensure the compatibility of adjacent uses and the separation of potential nuisance activities. Approval of tobacco sales does not require specific findings other than those required for the conditional use permit. Those findings are shown in the Planning Commission Resolution and Findings, (Attachment No. 3). Recommended conditions of approval will sufficiently address any potential impacts that may be associated with the proposed use. The new smoke shop will meet the City’s requirements and applicable Municipal Code regulations.
Site Access/Circulation/Parking:
Vehicle and truck access to the Project Site is provided by a common driveway for the shopping center along Foothill Boulevard. The internal circulation and parking were established by the development of the existing shopping center. The Project Site has been reviewed by the Planning, Fire, Traffic, and Engineering Departments and found to be sufficient to support this type of use.
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 City of Fontana’s Local Guidelines for Implementing CEQA, as the project proposes to operate out of an existing structure, with no exterior alterations proposed, and no expansion of the building floor area. 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 - Planning Commission Resolution, Findings & Conditions of Approval
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice