City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2613 Agenda Date: 12/5/2023
Agenda #: PH-B Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case No. (MCN) 23-086 and Conditional Use Permit No. CUP23-023 (See also Master Case No. (MCN) 19-090-R1 and Conditional Use Permit (CUP) No. 19-032-R1)- A request to modify conditions of approval for an Alcoholic Beverage Control (ABC) license to allow the sale of distilled spirits and wine smaller than 375ml and the sale of beer/malt beverages in single size containers of 40 oz. or less for the existing Marelias Market and Liquor convenient store, pursuant to CEQA Guidelines Section No. 15301 (Existing Facilities).
RECOMMENDATION:
Based on the information in this staff report, and providing the Planning Commission makes the required findings, staff recommends that the Planning Commission:
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. Deny Conditional Use Permit No. 19-032-R1 subject to the attached findings.
APPLICANT:
Firas Farraj
8145 Cypress Avenue
Fontana, CA 92335
LOCATION:
8145 Cypress Avenue, Suite A (APN: 0191-091-22), Southeast corner of Cypress Avenue and Foothill Boulevard.
REQUEST:
Conditional Use Permit (CUP) No. 19-032-R-1 - A request to modify the Conditions of Approval, Condition No. 21 through 23 for a previously approved Conditional Use Permit (CUP No.19-090) and allow sale of single distilled spirits and wine smaller than 375ml and the sale of beer/malt beverages in single size containers of 40 oz. or less associated with the existing ABC License Type 21 (Off-Sale General)
PROJECT PLANNER:
Mai Thao, Assistant Planner
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1 File #: 21-2613 Agenda Date: 12/5/2023
Agenda #: PH-B Category: Public Hearing
BACKGROUND INFORMATION:
Land Use Table:
Previous Approvals:
The first Conditional Use Permit at this location was approved by the Planning Commission on July 11, 1997 with approval of CUP 97-020 for a Type 21 (Off-Sale General) ABC liquor license for a market (Stop N Shop Liquor). On February 08, 2018, the Department of Alcoholic Beverage Control revoked the Type 21 ABC license (the license was under a different operator), due to violations of the conditions of approval including the resale of stolen merchandise purchased from undercover agents.
The ABC license was revoked with the condition that no ABC license could operate from the location for one year. On November 19, 2019, the Planning Commission approved CUP No 19-090, for a Type 21 (Off-Sale General) ABC liquor license for a new owner for the market. The Police Department was not opposed to granting this use permit.
On January 23, 2023, the City issued a new business license for a new owner of the Marelias Market and Liquor convenience store. Subsequently, on August 21, 2023, the new owner submitted an application to modify the conditions of approval of the existing Conditional Use Permit to allow the sale of small single alcoholic products.
PROJECT DESCRIPTION:
Census Tract No. 28.03:
The market/liquor store is located within Census Tract No. 28.03. A map identifying the census tract boundaries is attached (Attachment No. 3).
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2 File #: 21-2613 Agenda Date: 12/5/2023
Agenda #: PH-B Category: Public Hearing
Concentration:
According to the California Department of Alcoholic Beverage Control (ABC), two (2) off-sale licenses are allowed within Census Tract 28.03 before being considered over-concentrated. Currently, there are four (4) active licenses operating within Census Tract No. 28.03. Consequently, the California Department of Alcoholic Beverage Control (ABC) considers this tract over-concentrated for off-sales licenses. The applicant has an approved ABC license which is part of the four (4) licenses that are mentioned above. The project proposes the modification of existing Conditions of Approval, specifically Condition No. 21 through 23 of a previously approved Conditional Use Permit (CUP No.19-090) which prohibits the sale of sales of single distilled spirits smaller than 375ml and the sale of beer/malt beverages in single size containers of 40 oz. or less.
Findings of Convenience and Necessity:
A Finding of Convenience and Necessity was made by the Planning Commission through the adopted resolution (Reso No. 2019-067) under Conditional Use Permit (CUP) No. 19-090 (Attachment No. 8). The finding was based on Census Tract No. 28.03, a centrally located tract, stretching from Foothill Boulevard south to Arrow Boulevard, and from Citrus Avenue to Juniper Avenue. At that time there were three (3) establishments with an ABC License and there were no issues identified with granting the CUP subject to the adopted conditions of approval.
Building Analysis
The existing Marelias Market and Liquor store is in a 2,100 square foot suite that is part of an existing 9,522 square foot commercial multi-tenant building on a lot that is approximately 0.79 adjusted gross acres. The building on the project site was constructed in 1990 and was annexed into the City on June 25, 1952.
Previous Approved CUP No. 19-090:
The Conditions of Approval from CUP No. 19-090 (Attachment No. 8) disallowed the sale of smaller packaged alcohol beverages. Historically, the Planning Commission and City staff have approved conditional use permits and minor use permits with Conditions No. 21 through 23 incorporated within the various projects.
ANALYSIS:
The Applicant is requesting that the Planning Commission review and approve a modification to Conditional Use Permit CUP No. 19-032-R1 to allow the sale of smaller single sized alcoholic beverages. Specifically, the conditional use permit requests the modification of Conditions of Approval No. 21, 22, & 23 of CUP No. 19-032; and allow the sale of single distilled spirits and wine smaller than 375ml and the sale of beer/malt beverages in single size containers of 40 oz. or less.
The Applicant’sletter of request is attached for Commission review (Attachment 6). The market is a neighborhood market which has been operating since approximately 1997; Mr. Farraj purchased the business in early 2023.
The project site is in an existing 9,522 square foot multi-tenant building that has several tenant sites.
The market & liquor business suite is approximately 2,100 square feet. The other sites are being City of Fontana Printed on 11/29/2023Page 3 of 4
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3 File #: 21-2613 Agenda Date: 12/5/2023
Agenda #: PH-B Category: Public Hearing
The market & liquor business suite is approximately 2,100 square feet. The other sites are being occupied by various types of retail businesses including a bakery, café, nail salon, barber shop, beauty supply and insurance businesses. The hours of operation for the market and liquor store are from Monday through Thursday 8:30 am to 9:30 pm; and Friday through Sunday, 8:30 am to 11:00 pm. According to the floor plan, beer is currently stored in the refrigerated section and distilled spirits are currently stored behind the front counter in the restricted staff area accessible by employees only.
Police Department noted that between January 1, 2022, through June 10, 2023, there were a total of fourteen (14) calls for service specifically for the existing market and liquor business. Police Department further clarified that the fourteen (14) calls for service were disturbance calls regarding graffiti and one subject disturbance call. The Police Department is not in support of the requested modification to allow the sale of smaller single alcoholic beverages based on concerns related to public health and safety. Typical single serve alcoholic beverages are often offered for sale cold and ready to be consumed. This frequently leads to public intoxication, littering, panhandling, and other disruptive behaviors. Further, by restricting the single sale of alcoholic beverages, minors and transients are discouraged from purchasing, as these are typically priced lower and more affordable.
Staff is recommending that the Planning Commission deny the applicant's request based on the findings contained in the attached Planning Commission resolution.
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 modify the conditional use permit approval to allow the sale smaller single sized alcoholic beverages 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 - Floor Plan
Attachment No. 3 - Census Tract Map No. 28.03
Attachment No. 4 - Matrix of Off-Sale Establishments
Attachment No. 5 - Resolution and Findings
Attachment No. 6 - Letter of Request from Applicant
Attachment No. 7 - Police Department Memo
Attachment No. 8 - Previously Approved PC Report (MCN No. 19-090) Attachment No. 9 - Public Hearing Notice
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4 ATTACHMENT NO. 1
VICINITY MAP
DATE: December 5, 2023
CASE: Master Case No. 23-086
Conditional Use Permit No. 23-023
NORTH
CITY OF FONTANA PLANNING DEPARTMENT
CIT
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ATTACHMENT NO. 3
CENSUS TRACT
28.03 DATE: December 5, 2023
CASE: Master Case No. 23-086
Conditional Use Permit No. 23-023
NORTH
CITY OF FONTANA PLANNING DEPARTMENT
CIT
7 ATTACHMENT NO. 4
CENSUS TRACT
28.03 DATE: December 5, 2023
CASE: Master Case No. 23-086
Conditional Use Permit No. 23-023
ABC Off-Sale Licensed Establishments
Business Name Address License Type CUP
Arrow Mini Market 16312 Arrow Road, Suite A 21 Yes
J&Sandeep 16119 Foothill Boulevard,
Suite A
21 Yes
Simers Market 16146 Arrow Boulevard 20 Yes
Marelias Market &
Liquor
8145 Foothill Boulevard,
Suite A
21 Yes
Totals: Current Allowed
Off-Sale: 4 Active 2
CITY OF FONTANA PLANNING DEPARTMENT
CIT
8 ATTACHMENT NO. 5
RESOLUTION PC NO. 2023-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF FONTANA DENYING A REQUEST TO MODIFY THE
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT
NO. 19-032-R1 TO ALLOW THE SALE OF SINGLE ALCOHOLIC
BEVERAGES OF WINE AND DISTILLED SPIRITS LESS THAN
375 MILLILITERS AND THE SALE OF BEER/ MALT
BEVERAGES IN SINGLE SIZE CONTAINERS OF 40 OUNCES OR
LESS AT THE LOCATION OF 8145 CYPRESS AVENUE, SUITE A
(APN: 0191 -091-22), PURSUANT TO A CATEGORICAL
EXEMPTION IN ACCORDANCE WITH CEQA GUIDELINES
SECTION 15301.
WHEREAS, assessor parcel number 0191-091-22 was incorporated as part of the original City of Fontana in 1952; and
WHEREAS, on July 11, 1997, the City of Fontana Planning Commission (“Planning Commission”) approved an application for Conditional Use Permit No. 97-020 for a Type 21 (Off-Sale General) Alcoholic Beverage Control (“ABC”) license for the Stop N Shop market located at 8145 Cypress Avenue (“Subject Property”) subject to specific conditions imposed by the City and the Department of Alcoholic Beverage Control.
WHEREAS, on February 8, 2018, the Department of Alcoholic Beverage Control revoked the Type 21 ABC license for the Subject Property due to certain violations of the COA and prohibited the issuance of any ABC license thereafter for one year ; and
WHEREAS, on November 19, 2019, the Planning Commission approved an application for Conditional Use Permit No. 19-090 for a Type 21 (Off-Sale General) ABC license for the Alpine Liquor and Market located at the Subject Property subject to specific conditions (“Conditions of Approval” or “COA”) imposed by the City and the Department of Alcoholic Beverage Control that included, amongst other items, a prohibition against the sale of single alcoholic beverages of wine and distilled spirits and the sale of beer/malt beverages in single size containers; and
WHEREAS, on January 23, 2023, the Administrative Se rvices issued a new business license for Marelias Market and Liquor convenience store; and
WHEREAS, on August 21, 2023, City received an application from Firas Farraj (“Applicant”), for Conditional Use Permit No. 19-032-R1(“CUP No. 19-032-R1”) to modify the conditions of approval for Conditional Use Permit No.19-090 to allow the sale of single alcoholic beverages of wine and distilled spirits less than 375 milliliters and the sale of beer/malt beverages in single size containers of 40 ounces or less for Marelias Market and Liquor Store at 8145 Cypress Avenue, Suite A; and
WHEREAS, the Subject Property i s located within the Form Based Code (FBC) 9 ATTACHMENT NO. 5
Downtown Gateway and has a General Plan Land Use designation of Walkable Mixed - Use Corridor (WMXU-1); and
WHEREAS, the 2,100 square foot market is within the established Cypress Center shopping center; and
WHEREAS, the project is Categorically Exempt pursuant to Section No. 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act and Section No.
3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing the California Environmental Quality Act; and
WHEREAS, the City wishes to protect and preserve the quality of life throughout the City through effective land use planning; and
WHEREAS, a notice of the public hearing was published in the local The Sun newspaper on November 24, 2023, posted at City Hall and onsite at the project site; and
WHEREAS, the owners of property within 660 feet of the project site were notified via public hearing notice mailer prior to the public hearing; and
WHEREAS, on December 5, 2023, a duly noticed public hearing on CUP No. 19- 032-R1 was held by the Planning Commission to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and
WHEREAS, on December 5, 2023 the Planning Commission carefully considered all information, evidence, and testimony presented at its public hearing on for CUP No. 19-032-R1; and
WHEREAS, all other legal prerequisites to the adoption of this r esolution have occurred.
NOW, THEREFORE, the Planning Commission RESOLVES as follows:
SECTION 1. Recitals: The above recitals are true, correct and incorporated herein by reference.
SECTION 2. CEQA. The Planning Commission hereby determines that the project is categorically exempt pursuant to Section No. 15301 (Existing Facilities) of the California Environmental Quality Act and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing the California Environmental Quality Act (CEQA).
SECTION 3. CUP Findings. The Planning Commission hereby makes the following findings for CUP No. 19-032-R1 in accordance with Section 30-169 “Findings for approval of conditional use permits modifications” of the Fontana Zoning and Development Code:
Finding No. 1 That the proposed use is allowed within the app licable 10 ATTACHMENT NO. 5
zoning district and complies with all other applicable provisions of the Zoning and Development Code,
Municipal Code, General Plan, any applicable Specific
Plan or Area Plan, and City regulations/standards.
Finding of Fact: The City ’s Zoning and Development Code requires a Conditional Use Permit for any new or modified ABC licenses.
Planning Commission approval of a Condition al Use Permit may include such conditions of approval as are deemed
necessary to enable the Planning C ommission to make the required findings . The existing off -sale liquor and market establishment is located at 8145 Foothill Boulevard, Suite A on the southeast corner of Foothill Boulevard and Cypress Avenue. The General Plan designation is Walkable Mixed - Use Corridor (WMXU-1) and the property is located within the Form Based Code (FBC) Downtown Gateway subdistrict
which allows for off-sale establishments with the approval of a Conditional Use Permit. This establishment has a
conditional use permit to sell a lcoholic beverages (Type 21 ABC license, Off -sale General) that was approved on
November 19, 2019 by the Planning Commission ; this
Conditional Use Permit included three conditions (Condition No. 21 through 23) stating that alcoholic beverage containers cannot be sold that are single size, smaller than 375 ml or 40 ounces. With adherence to conditions of approval established by the Planning Commission, the use is consistent with
Zoning and Development Code requirements.
Finding No. 2: The site is physicall y suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be
conditioned to meet all related performance criteria and development standards .
The Applicant is requesting t o modify the ABC conditions of approval from a previously approved project (CUP No. 19 - 032) to allow the sale of single alcoholic beverages of wine and distilled spirits less than 375ml and beer/malt beverages less than 40 oz. The site is physically suited for the type, density, and intensity of the proposed use. The site was previously approved for a Conditional Use Permit to operate and sell alcoholic beverages with an ABC Type 21 (Off -sale, General) license. There are no proposed modifications to the site or structure. The physical characteristics of the site are sufficient to accommodate the business including access and utilities.
11 ATTACHMENT NO. 5
Finding No. 3: Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, o r materially injurious to persons, property, or
improvements in the vicinity in which the project is
located.
The City’s police department has indicated concerns with the modification and the associated potential for negative impacts on the public health, safety, and welfare as well as concerns with potential injury to persons, property, and improvements .
Typical single serve alcoholic beverages are often offered for sale cold and ready to be consumed. This frequently leads to public intoxication, littering, panhandling, and other disruptive behaviors. By restricting the single sale of alcoholic
beverages, minors and transients are discouraged from
purchasing as these are typically pric ed lower and more affordable. Planning Commission finds that the requested modification to conditions of approval could be detrimental to the public interest, health and safety or materially injurious to persons or property in the vicinity in which the pro ject is located.
SECTION 4. Denial: Based on the foregoing, the Planning Commission hereby denies Conditional Use Permit No. 19-032-R1.
SECTION 5. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.
This information is provided in compliance with Public Resources Code section 21081.6.
SECTION 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
SECTION 7. Effective Date. This Resolution shall become effective immediately upon its adoption.
SECTION 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 5th day of December 2023. 12 ATTACHMENT NO. 5
City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:
I, Ralph Thrasher, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 5th day of December 2023, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Ralph Thrasher, Secretary
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15 CITY OF FONTANA
POLICE DEPARTMENT
Community Outreach & Public Engagement Unit
MEMORANDUM
TO: Mai Thao, Assistant Planner
FROM: Heather Howard, Community Policing Technician
DATE: September 13, 2023
SUBJECT: Police Recommendations for Amendment to Single Sales Condition – Marelia’s Liquor and Market 8145 Cypress Ave. Suite A
The Police Department has reviewed the request to amend California Department of Alcoholic Beverage Control (ABC) Type 21 (Off-sale General) license, to amend condition of single sales. The police department does not support the amendment to the condition for single sales. All Type 21 (Off- sale General) licenses in the City of Fonta na are subject to the same condition for single sales. Licensee may contact me if further clarification is needed.
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36 NOTICE PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons wi th a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:
Master Case (MCN) No. 23 -086 and Conditional Use Permit (CUP) No. 23-023: The applicant, Firas Farraj, is requesting that the Planning Commission review and approve Conditional Use Permit No. 23-023 for the modification to an existing condition of approval (CUP No. 19 -032) to allow the sale of single s smaller than 375 milliliters and the sale of beer/malt beverages in single size containers of 40 ounces or less located at 8145 Cypress Avenue for an existing convenience store, Marelias Liquor and Market (APN:0191-091-22).
Environmental
Determination:
The California Environmental Quality Act
(CEQA) per Section No. 15270 (Projects
Which are Disapproved) does not apply to
projects which the public agency rejects or
disapproves and per Section No. 3.06
(Disapproved Projects) of the 2019 Local
Guidelines for Implementing CEQA.
Location of
Property:
8145 Cypress Avenue
APN: 0191-091-22
Date of
Hearing:
December 5, 2023
Place of
Hearing:
City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of
Hearing:
6:00 pm
Should you have any questions concerning this project, please contact Mai Thao , Assistant Planner , at (909) 350-6650 or by email at [email protected].
ATTACHMENT NO. 9
37 ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND
ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU
MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE
PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Published: November 24, 2023
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