Attachment No. 4 - Planning Commission Staff Report
OF THE CYNT 8353 Sierra Avenue
City of Fontana Fontana, CA 92335
10 Action Report
Planning Commission
File #: 21-3135 Agenda Date: 7/16/2024
Agenda #: PH-A Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case (MCN) No. 20-027R1: Conditional Use Permit (CUP) No. 95-019R4 - A request to modity conditions of approval for an existing Alcoholic Beverage Control (ABC) license to allow the sale of distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz or less for the existing Circle K convenience store located at 16119 Foothill Boulevard, pursuant to CEQA Guidelines Section No. 15301 (Existing Facilities). (Continued from June 18, 2024)
RECOMMENDATION:
Based on the information in this staff report, 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. 95-019R4 subject to the attached findings.
APPLICANT:
Jagjit Singh
J & Sandeep, Inc.
16119 Foothill Boulevard
Fontana, CA 92336
LOCATION:
16119 Foothill Boulevard (APN: 0191-011-06).
REQUEST:
Conditional Use Permit (CUP) No. 95-019R4 - A request to modify the existing Conditions of Approval, specifically Condition Nos. 13 through 15, of a previously approved Conditional Use Permit (CUP No. 95-019R3) for the existing Circle K store located at 16119 Foothill Boulevard, 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 in association with the existing ABC License Type 21 (Off-Sale General).
PROJECT PLANNER:
Alexia De La Torre, Assistant Planner
BACKGROUND INFORMATION:
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13 File #: 21-3135 Agenda Date: 7/16/2024
Agenda #: PH-A Category: Public Hearing
This project was originally scheduled for the February 20, 2024, Planning Commission meeting, it was continued to the March 5, 2024, Planning Commission meeting, then continued to the April 16, 2024, Planning Commission meeting, then continued to the June 18, 2024, Planning Commission meeting, and then continued to the July 16, 2024 Planning Commission meeting, all at the request of the applicant.
Land Use Table
Land Use General Plan Zoning Designation Existing Land
Designation Designation
Site Walkable Mixed Use Route 66 Gateway Commercial
- 1 (WMXU-1) Form Based Code Center with various
retail/service uses
North Community Community Commercial
Commercial (C-C) Commercial (C-1) Center
South Walkable Mixed Use Route 66 Gateway Kinder Care
- 1 (WMXU-1) Form Based Code educationa center
East Walkable Mixed Use Route 66 Gateway Commercial center - 1 (WMXU-1) Form Based Code with various
retail/service uses
West Walkable Mixed Use Route 66 Gateway Commercial center - 1 (WMXU-1) Form Based Code with various
retail/service uses
The first Conditional Use Permit for alcoholic beverage sales at this location was approved by the Planning Commission on February 27, 1995, with approval of CUP 95-019 for a Type 20 (Off-Sale Beer and Wine) ABC license for a convenience store. Throughout the years the city received multiple requests that were subsequently approved for the transfer of the ABC licenses to new business owners for the same use on the same site. On April 21, 2020, the Planning Commission approved a request to upgrade the Type 20 (Off-Sale Beer and Wine) ABC license to a Type 21 (Off-Sale General) ABC license. The Type 21 license allows for beer, wine and distilled spirits. This approval incorporated conditions prohibiting the sale of single distilled spirits smaller than 375 ml and the sale of beer/malt beverages in single-size containers of 40 oz or less.
PROJECT DESCRIPTION:
Background
The Circle K convenience store is located within Census Tract No. 28.03. A map identifying the census tract boundaries is attached (Attachment No. 3).
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 current project proposes the modification of existing Conditions of Approval, specifically Condition Nos. 13 through 15 of previously approved Conditional Use Permit (CUP) No.
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14 File #: 21-3135 Agenda Date: 7/16/2024
Agenda #: PH-A Category: Public Hearing
95-019R4 which prohibit 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:
At the time CUP No. 95-019R3 was approved, a Findings of Convenience and Necessity was not required. It is not required as part of this request as the ABC license is already approved and active.
Building Analysis:
The existing Circle K convenience store is approximately 2,600 square feet within a parcel that is approximately 0.7 adjusted gross acres. The project site was annexed into the City on June 25, 1952, and the existing building was constructed in 1973.
Previously Approved CUP No. 95-019R3:
The Conditions of Approval from CUP No. 95-019R3 (Attachment No. 8) did not allow the sale of smaller packaged alcohol beverages. Historically, the Planning Commission and City staff have approved other similar use permits with these restrictions.
ANALYSIS:
The Applicant is requesting that the Planning Commission review and approve a modification to a previously approved Conditional Use Permit - CUP No. 95-019R3 (current case file # CUP No. 95- 019R4) - to allow the sale of smaller single sized alcoholic beverages. Specifically, this conditional use permit modification request seeks approval of the modification of Conditions of Approval No. 13, 14, & 15 of CUP No. 95-019 in order to 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. Conditions Nos. 13 through 15 read as follows:
13. The licensee shall not sell single bottle[s] of wine in less than 750 ml. Containers. Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted.
14. No distilled spirits shall be sold in bottles or containers smaller than 375 milliliters (pint).
15. The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.
The project site is within an approximately 5,300 square foot multi-tenant building that has multiple other tenants. The convenience store business suite is approximately 2,600 square feet. The other sites are occupied by various types of retail businesses including an ice cream shop, donut store, barbershop, tattoo shop, medical office, and other similar uses. It should be noted that the existing and approved convenience store is located in close proximity (approximately 192 feet from Circle K) to an existing Kinder Care center which offers educational care for children up to 12 years old.
Section 30-492 of the Zoning and Development Code states that new ABC Licenses should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses. The current request is to modify an approved set of conditions for an approved convenience store that currently holds a Type 21 ABC License.
The convenience store is open 24 hours a day, seven days a week. 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.
The Police Department noted that between January 1, 2023, through January 1, 2024, there were a City of Fontana Page 3 of 4 Printed on 7/9/2024
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15 File #: 21-3135 Agenda Date: 7/16/2024
Agenda #: PH-A Category: Public Hearing
total of twenty-five (25) calls for service for the shopping center which included traffic stops, transient disturbance, burglary, burglary for beer, assault, welfare check, subjects fighting, and other miscellaneous calls. The Circle K business had six (6) specific calls for service out of the 25. The six calls include burglary, burglary for beer, assault, welfare check, and fighting.
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 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 Local 2019 Guidelines for Implementing the California Environmenta Quality Act as the project proposal would not result in changes or expansions to the building Furthermore, none of the exceptions in CEQA Guidelines section 15300.2 apply to this project.
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 - Police Department Memo
Attachment No. 7 - Previously Approved PC Report (MCN No. 20-027) Attachment No. 8 - Public Hearing Notice of Continuance City of Fontana Page 4 of 4 Printed on 7/9/2024
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16 16108
PLANNING DEPARTMENT
FOOTHILL BLVD
16133
1611:
CITRUS AVE 16125.16127 16139
16063
1614
16143
1611:
16149
09599 CITY OF FONTANA
Project Site
NORTH
DATE: July 16, 2024
CASE: Master Case No. 20-027R1
VICINITY MAP
Conditional Use Permit No. 94-019R4
ATTACHMENT NO. 1 17
Liquor storage along with
Attachment No. 2 Floor Plan proposed sales of singles
behind the counter only
accessible to employees.
LIXS
RESTROOM
3 COMPARTMENT SINK
KITCHEN STORAGE
SODA MACHINE
Main Entrance/Exit FROSTER
COLLER 1
DAIRY WATER WATER ENERGY ENERGY SODA SINGLE BEER
Beer Storage
Circle K Convenience Store along with
16119 Foothill Boulevard proposed single
Fontana, CA 92336 beer storage in
refrigerators
FOOTHILL BOULEVARD
JUNIPER AVENUE PLANNING DEPARTMENT
CITRUS AVENUE 28.03
ARROW BOULEVARD
PROJECT SITE
# Business Name Address
J & Sandeep (Circle K - Project Site) 16119 Foothill Boulevard 2 Simers Market 16146 Arrow Boulevard
CITY OF FONTANA
3 Arrow Mini Mart 16312 Arrow Boulevard, Suite A
Marelias Market & Liquor 8145 Foothill Boulevard, Suite A NORTH
DATE: July 16, 2024
CENSUS TRACT CASE: Master Case No. 20-027R1
28.03 Conditional Use Permit No. 95-019R4
ATTACHMENT NO. 3 19
ABC Off-Sale Licensed Establishments
Business Name Address License Type CUP
Arrow Mini Market 16312 Arrow Road, Suite A 21 Yes
J&Sandeep (Circle 16119 Foothill Boulevard, 21 Yes PLANNING DEPARTMENT Suite A
Simers Market 16146 Arrow Boulevard 20 Yes
Marelias Market & 8145 Foothill Boulevard, 21 Yes
Liquor Suite A
Totals: Current Allowed
Off-Sale: 4 Active 2
CITY OF FONTANA
DATE: July 16, 2024
CENSUS TRACT CASE: Master Case No. 20-027R1
28.03 Conditional Use Permit No. 95-019R4
ATTACHMENT NO. 4 20
RESOLUTION NO. PC 2024-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF FONTANA DENYING CONDITIONAL USE APPLICATION NO.
95-019R4, A REQUEST TO MODIFY THE CONDITIONS OF
APPROVAL FOR AN EXISTING CONDITIONAL USE PERMIT 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
16119 FOOTHILL BOULEVARD (APN: 0191-011-06), PURSUANT
TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH
CEQA GUIDELINES SECTION 15301.
WHEREAS, Assessor Parcel Number ("APN") 0191-011-06, ("Project Site"), was incorporated as part of the original City of Fontana in 1952; and WHEREAS, on February 27, 1995, the Fontana Planning Commission ("Planning Commission") approved an application for CUP No. 95-019 for a Type 20 (Off-Sale Beer and Wine) ABC license for a Circle K convenience store located at 16119 Foothill Boulevard ("Subject Property"); and
WHEREAS, on April 21, 2020, the Planning Commission approved an application for Conditional Use Permit No. 95-019R3 for a Type 21 (Off-Sale General) Alcoholic Beverage Control ("ABC") license for the Circle K convenience store at the Project Site, including specific conditions imposed by the City attached hereto as Attachment No. 7, that included prohibition against the sale of single size alcoholic containers of wine, distilled spirits and beer/malt beverages; and
WHEREAS, on May 9, 2023, the City of Fontana ("City") received an application from Jagjit Singh ("Applicant"), for a Conditional Use Permit ("CUP No. 95-019R4") to modify the conditions of approval for Conditional Use Permit No. 95-019R3 to allow the sale of single sized alcoholic containers 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 Subject Property; and
WHEREAS, the existing 2,600 square foot convenience store that is the subject of this application is within an established shopping center; and WHEREAS, the Project Site has a General Plan Land Use designation of Walkable Mixed-Use Corridor (WMXU-1) and is located within the Form Based Code (FBC) Route 66 Gateway, which allows for alcoholic beverage sales; and WHEREAS, the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section No. 15301 (Class 1, Existing Facilities) and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for ATTACHMENT NO. 5
21 Resolution No. PC 2024-_
Implementing the California Environmental Quality Act as the project proposal would not result in changes or expansions to the building. Further none of the exceptions in CEQA Guidelines section 15300.2 apply to this project; and
WHEREAS, the City wishes to protect and preserve the quality of life throughout the City through effective land use planning; and
WHEREAS, all of the notices required by statute and the Fontana Municipal Code (FMC) have been given as required; 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 a notice of the public hearing was published in the local The Fontana Herald newspaper on February 9, 2024, and a notice of the public hearing was simultaneously displayed at City Hall and at the Project Site; and
WHEREAS, the project was originally scheduled for the February 20, 2024 Planning Commission meeting and was continued to the March 5, 2024 Planning Commission meeting, and at the March 5, 2024 meeting the project was continued to the April 16, 2024 Planning Commission meeting, and at the April 16, 2024 meeting the project was continued to the June 18, 2024, Planning Commission meeting, and at the June 18, 2024 meeting the project was continued to the July 16, 2024 Planning Commission meeting, all at the request of the applicant; and WHEREAS, on July 16, 2024, a duly noticed public hearing on CUP No. 95-019R4 was held by the Planning Commission to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and WHEREAS, on July 16, 2024, the Planning Commission carefully considered all information, evidence, and testimony presented at its public hearing on for CUP No. 95- 019R4; and
WHEREAS, all other legal prerequisites to the adoption of this resolution 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) as the project proposal would not result in changes or expansions to the building. Further none of the exceptions in CEQA Guidelines section 15300.2 apply to this project. The ATTACHMENT NO. 5
22 Resolution No. PC 2024-_
Planning Commission further directs Staff to file a Notice of Exemption pursuant to this Finding.
Section 3. CUP Findings. The Planning Commission hereby makes the following findings for CUP No. 95-019R4 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 applicable 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 Conditional Use Permit may include such conditions of approval as are deemed
necessary to enable the Planning Commission to make the required findings. The existing off-sale convenience store establishment is located at 16119 Foothill Boulevard on the southeast corner of Foothill Boulevard and Citrus Avenue.
The General Plan designation is Walkable Mixed-Use
Corridor (WMXU-1) and the property is located within the Form Based Code (FBC) Route 66 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 alcoholic beverages (Type 21 ABC license, Off-sale General) that was approved on April 21, 2020, by the Planning Commission; this Conditional Use Permit included three conditions (Condition No. 13 through 15) stating that alcoholic beverage containers cannot be sold that are single size, smaller than 375 ml or smaller than 40 ounces. With approval of a Conditional Use Permit by the Planning
Commission, the use is consistent with the Zoning and
Development Code.
Finding No. 2: The site is physically 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 to modify the ABC conditions of approval from a previously approved project (CUP No. 95- 019R3) in order to allow the sale of single alcoholic
beverages of wine and distilled spirits less than 375ml and ATTACHMENT NO. 5
23 Resolution No. PC 2024-_
beer/malt beverages less than 40 oz. The site is physically suited for the type, density, and intensity of the use. he site oper are in sell alcoholic fever ages lion an AB Type 29 (Off-sale, General) license. There are no modifications to the site or structure. The physical characteristics of the site are sufficient to accommodate the business including access Finding No. 3: Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, ol materially injurious to persons, property, or
improvements in the vicinity in which the project is
Staff has 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 in the vicinity in which the project is located.
Section 4. Denial: Based on the foregoing, the Planning Commission hereby denies Conditional Use Permit No. 95-019R4.
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 Z. Effective Date. This Resolution shall become effective immediately upon its adoption.
ATTACHMENT NO. 5
24 Resolution No. PC 2024-_
Section 8. Severability. If any provision of this Resolution or the application of any nvalid provision or applicatior
PASSED, DENY AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 16th day of July 2024.
City of Fontana,
Cathline Fort, Chairperson
ATTEST:
1, Ricardo Quintana, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted 2y 24, by the rol Cong vose, to-via regular meeting thereof, held on this 16'" day of July AYES:
NOES:
ABSENT:
ABSTAIN:
Ricardo Quintana, Secretary
ATTACHMENT NO. 5
25 Attachment No. 6
CITY OF FONTANA
POLICE DEPARTMENT
Community Outreach & Public Engagement Unit
MEMORANDUM
TO: Alexia De La Torre, Assistant Planner
FROM: Heather Howard, Community Policing Technician
DATE: January 31, 2024
SUBJECT: Police Recommendations for Amendment to Single Sales Condition - Circle K 16119 Foothill Fontana, 92335
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 Fontana are subject to the same condition for single sales. Licensee may contact me if further clarification is needed.
26 27
Attachment No. 7
FONTANA
PLANNING DIVISION
April 22, 2020
City Councll
scoperate Waren Cerrito stole arde
Fontana, CA 82395
RE: Master Case No. (MCN) 20-027 / Conditional Use Permit (CUP) No. 95-019R3, a request to amend the existing Conditional Use Permit (CUP No. 95-019) to Include a public corvenience and necessity sava man underval Dear Mr. Gurvinder Singh,
Phillip W. Cothran The above-referenced protect was revlewed and approved by the Planning Counch Mereber Commission of the City of Fontana at the regularty scheduled meeting on Aprl 21, 202D.
Please note that this action is subject to a fiteen (15) calendar day appeal parlad following the approval hearing to allow for the fing of an appeal with An appeal automatically stays the Planning Commission
decision unill the City Counci conducte a public hearing and renders a decision on the appeal. Aner the fifteen (15) day appeal parlad, the applicant ahall remove the Notice of Filing sign(e) from the project site. The applican! Enclosed are the Condions of Approval on this project por the Fontana City Code. Should you have any quastlone regarding thia approval, please call the project planner, Mal Thao, by phone at (909) 350-3650 or by emall at mthao @fontana.org.
Sincerely.
Zal ASuBakar
Director of Community Developmant
Enclosures: Condtions of Approval
CITY OF FONTANA 8353 SIERRA AVENUE, FONTANA, CALIFORNEA 92335 www.FonteoB.org
28 City of Fontana
Staff Report to the
Planning Commission
PLACEMENT: Public Hearing
APPLICATION: Motor Call No Pait No. 8501879
DATE: Aprll 21, 2019
APPLICANT: Gurvinder Signh
16119 Foothill Boulevard, Unit A
Fontana, CA 92335
LOCATION: 16119 Foothill Boulevard, Unit A (APN: 0191-011-08) REQUEST: Approve a Conditional Use Permit (CUP) No. 95-019R3 for an eating convenlence store (Circle K) to operate with an Alcohollc Beverage Control (ABC) Type 21 (Off-sale General) licanse.
PROJECTEP ANNER: Mai Thao, Planning Technicien
BACKGROUNP INFORMATION:
Land Use General Plan • Zoning Designation Exeting Land Use Deeknation • Dealmation
Walkable Miced Use Form-Based Code (FBC) Route B6 Commercial (WMXU-1) Gateway District
North: Community Northgate Specifc Plan Commeralal-
Commerclal (C-C) Walgreens
South: Walkable Mixed Ues Commercial - Barber
(WMXU41) Form-Based Code (FBC) Route B6 Shop, Donut Shop, Gateway District Raspedo Xtreme,
KinderCars Leaming
Center
East: Walkable Mixed Use
(WMXU-1) Form-Besed Code (FBC) Route 06
Gateway Dlatict
Beauty Salon
Weet Walkable Mixed Uee Form-Based Code (FBC) Routo 06 Commercial - (WMXU-1 Gatsway Usinc Superor Grocary
B. Environmental Review Finding:
Thia project qualifies for a Categorical Exemption pursuant to Section No. 15301 (Class No. 1, Exating Facilities) of the Callfomla Environmental Quality Act (CEQA), 29 and Section No. 3.22 Existing Facilitles of the Local 2019 Guldelines for Implementing the Califomia Environmental Quality Act
Backgroung:
1) On June 23, 1952, the City annexed the site from the San Bemardino County.
On November 27, 1895, the Planning Commission approved a Conditional Use Permit for a change of ownership for an off-site Alcoholl Beverage Control (АВС) Туре 20 (Off-sale, Beer and Wine) license.
On July 26, 1996, the Planning Commission approved a Conditional Use Permit tor a transfer of an off-site Alcoholic Beverage Control (ABC) Type 20 (Off-sale, Beer and Wine) Icanse under a change of ownership.
Or Noverber 9, 2007, the Director of Community Development approved a Minor Use Permit (MUP) No. 07-013 for an of-site Alcohold Beverage Control (ABC) Type 21 (Oli-sale General transfer of license under a change of ownership.
On November 21, 2019, the previous owner surrendered its Alcoholle Beverage Control (ABC) license to the Califomla Department of Alcoholle Beverage Control.
I. PROJECT DESCRIPTION:
A. Type oiL canee: Type 21 (Off-sale General) Icense authortzes the sale of beer, wine. and distilled spirits for consumption off the licensed premises.
B. Census Tract No.: The she is located within Census Tract No. 28.03 in the City of Fontana. A map Identifying the census tract boundaries is attached (Attachment No. 3).
C. Concentration: According to ABC, two (2) off-sale licenses are allowed within Gone Ted. cument, are are three s) contes operating. Tract No. within Census Tract No. 28.03. To approve this ABC license request, the Planning Commisalon Is required to make a Finding of Public Conventence and Necasalty.
D. Bullding Analysla: The existing convenience store is approximately 2,600 square faet within a parcel that is approximately 0.7 adjusted gross acres.
IIL ANALYSIS:
The applicant, Mr. Gurvinder Signh, is requesting that the Planning Commission revlew and approve Conditional Use Permit (CUP) No. 95-019R3 for an existing convenlence atara to oparate with a new Calfomla Department of Alcoholic Beverage Control (ABC) Staff Raport
Master Casa No. 20-027
Conditional Use Permit No. 96-019R3
30 Type 21 (Oil-Sale General) Iicense.
The convenlence store Is located within Census Tract 28.09, ABC has determined that two (2) Oti-sale censes can operate within this tract before being categorized as over-
28.03. The Planning Commission Is required to make a finding of Public Convenlenca and Necesalty In order to approve this ABC License.
an existing multi-tenant commercial center which Includes a donut shop, barbershop, cattoo shop, and a health center.
Surrendered ABC License:
The previous owner surrendered its ABC license. However, according to the Calfomla Department of Alcoholic Beverage Control, the previous owner has not yet transferred Its recommendation, the new owner is required to apply for a new ABC license Type 21 (Off- sale general) on the subject site, which would then categorize it as over-concentrated (CUP) No. 95-019 to allow for an update of the prevlous conditions of approval so that the Conditions are up-to-date and Include a puble convenlence and necessity finding.
FInding of Public Convenlance or Necessity (PCN):
Staff believes that a finding of public convenlence or necessity can be made with the included conditions, as the proposed use Is consistent with the requiremente of the City's Zoning and Development Code, specifically Form Based Code (FBC). The convenlence store la located within Census Tract 28.03.
Currently, there are three off-sale licenses operating within this consu tract, Including Simers Market, Arrow MinlMart, and Alphine Liquor and Market. See Attachment No. 4 for locallons of the exdating licenses. Two of the three establlahments are approved to operate with an ABC Type 21 (Off-sale General) Icense.
Census Tract No. 28.03 Is a centrally located tract, bounded by Foothill Boulevard to the north, Arrow Boulevard to the south, Citrus Avenue to the west, and Juniper Avenue to the east. This application would be considered a "public benefit" and therefore meet the definition of "Public Convenience or Necessity" based on the following findings. The finding of "Public Convenience or Necessity" can be met as consumers would find it convenient to purchase beer, wine, and distilled splitte at a local convenlence store as opposed to a large supermarket. The sale of alcohol Is Important for small convenlent Staff Report
Master Case No. 20-027
Conditional Use Permit No. 85-018R3
31 stores as it allowe them to maintain small fooling to compete against larger regional chalns. The existing convenience store is an established use that previously sold beer, wine, and distiled spirits under the previous owner.
The character of the surrounding uses la a mix of commercial uses that include a twenty four (24) hour Arco gas station, a twenty-four (24) hour Walgreens, Chase Bank, and Large-scale Markete ike Cardens and Superior Grocere. A signtficant percentage of the general population chooses to enjoy the expediency of a convenlence store for purchasing alcohol and other specialty items typically found at a convenience store. The multi-tenant commercial center is well established with other retailers. Consumers who already frequent the commercial center for other services with find convenient to purchase beer, wine, and distilled splits from an establishment on the same property.
The Police Department has revlewed the application and Is recommending approval subject to the conditions of approval. The new application for an ABC Type 21 license will have little or no effect on the operation of the business, as this subject site has been operating with an ABC license that was grandfathered in since 198B.
IV. RECOMMENDATION:
Based on the information in this staff report, and providing the Planning Commission makee the raqured findings, staff recommends that the Planning Commission adopt Resolution PC No. 2020_
ten that the project Categorically Exempt pursuant to Section No. 15301 (Class No. 1, Exising Facilites, and Section No. 3.22 of the Local 2018 Guidelines for Implementing the CEOA, and direct staff to file a Notice of Exemption; and, Approve Conditional Use Permit No. 95-0193 subject to the attached Findings and Conditions of Approval.
Outage
Project Planner.
Mai Thao Ortando Hemandez
jenning Technican Planning Manager
Approved by.
Zal AbuBaker.-
Director of Community Development
Attachments:
2. Floor Plan
3. Census Tract Map No. 28.03
4. Resolution, Findings and Conditions of Approval
Staff Report
Master Coas No. 20-027
Conditonel Uge Permi No. 95-019R3
32 5. Notico of Bramoraring
Under a separto cover:
1. 11 x 17" Floor Plans
Stadf Raport
Meator Case No. 20-027
Conditional Lise Permit No. 95-019R3
33 118) FOOTHIL BOULEVARD IỆt
PLANNING DIVISION
CITRUS AVENUE
18149-
CITY OF FONTANA
Project Site
DATE: April 21, 2020
CASE: Master Cose No. 20-027
VICINITY MAP Conditional Use Permit No. 85-019R3
ATTACHMENT NO. 1
34 FOOTHILL BOULEVARD
1. 1 (c
- 1.
111 is
Basis Ke 00 Ins ! PLANNING DIVISION
FRONT DOOR
3017
CITRUS AVENUE
231 3
CITY OF FONTANA
130002
DATE: April 21,2020
FLOOR PLAN CASE: Meater Case No. 20-027
Conditional Use Permit No. 85-018R3
ATTACHMENT NO. 2
35 FOOTHILL BOULEVARD
CITRUS AVENUE ₩28:03 JUNIPER AVENUE PLANNING DIVISION
ARROW BOULEVARD
PROJECT SITE
Business Mame
Orcle K (Propect Site)
Simers Market 16146 Arrow Boulevard
Arow Mini Mart 16312 Arrow Boulevard Suite A CITY OF FONTANA Alpine Liquor and Market 8145 Cypress Avenue
DATE: Aprll 21, 2020
Census Tract No. CASE: Master Case No. 20-027
Conditional Use Permit No. 98-01R3
28.03 ATTACHMENT NO. 3
36 RESOLUTION PC NO. 2020-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA APPROVING THE FINDINGS OF PUBLIC CONVENIENCE
AND NECESSITY AND APPROVING CONDITONAL USE PERMIT
(CUP) NO. 96-019RA TO AMEND AN APPROVED CUP (CUP NO. 85-019)
TO ALLOW FOR AN EXISTING CONVENIENCE STORE TO OPERATE
WITH A CALFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
(ABC) TYPE 21 (OFF-SALE GENERAL) LICENSE.
WHEREAS, the City of Fontana received an application on February 19, 2020 to revlew and approve a Conditlonal Use Permit (CUP) No. 95-019R3 for an existing convenience store (Circle K) to operate with an Alcohollc Beverage Control (ABC) Type 21 (Off-sale General) license.
Applicent: Gurvinder Singh
16118 Foothill Boulevard, Unt A
Fontana, CA 92335
Project Location: 16119 Foothill Boulevard, Unit A (APN: 0191-011-08) Site Area: 30,000 square teet
WHEREAS, the subject site was annaxed from San Bemardino County Into the City of Fontana In June 23, 1952; and
WHEREAS, On November 27, 1995, the Planning Commisaion approved a Conditional Use Permit for a change of ownership for an off-elte Alcoholic Beverage Control (ABC) Type 20 (Off-sale, beer and wine) license; and sale, beer and wine) license under a change of ownershlp; and approved a Minor Use Peril (MUF N. 07,13 to rain ofor to fool Beverage Content (ABC) Type 21 (Off-sale General) iicense for a change of ownership; and WHEREAS, the City of Fontana wishes to protect and preserve the quallty of the ife throughout the City, through affective land use and planning; and WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibit "A" for the Conditional Use Permit (CUP No. 85-019R3) Incarponated herein; WHEREAS, the project is Categorically Exempt pursuant to Section No. 15301 (Class No. 1, Exlsting Faclities), and Saction No. 3.22 Exsting Faciltles of the Local 2019 Guldelines for Implementing the Califomla Environmental Quality Act.
WHEREAS, the owners of property within 680 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing: posted at City Hall and onalte at the project site; and
ATTACHMENT NO. 4
37 Resolution PC No. 2020-_
WHEREAS, on Apri21,2020, a duly noticed pubile hearing on Conditional Use Permit No. 85-019R3, was held by the Planning Commission ("Commission) to consider testimony and evidence presented by the applicent. City staff, and other interested paries, at the Public Hearing held with respect hereto; and WHEREAS, the Planning Commlasion carefully considered all information pertaining to the proposed project, Including the staff report, findings, and all the Information, evidence, and testimony presented at Its puble hearing April 21, 2020; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, the Commission RESOLVES as follows:
Section 1. The City of Fontana Planning Commission hereby makes the following findings for CUP No. 95-019R3 in accordance with Section 30-160 *Findings for the approval of Conditional Use Permits of the Fontana Zoning and Development Code:
Finding No. 1: That proposed use is allowed within the applicable zoning district and complles with all other applicable provlalone of the Zoning and Development Code, Municipal Code, General Plan, applicable Specile Plan or Area Plan, and City
Regulations/standards.
Finding of Fact: The request la to amend a previously approved Conditional Use Permit (CUP) No. 95-019R3 to allow an existing convenience store to operate with a new Alcohol Beverage Control (ABC) LIcense Type 21 (Off-Sale General) License.
The convenience store la located at 16119 Foothill Boulevard within the Route 86 Gateway District of the Form Based Code (FBC). The General Plan land use designation for the site is Walkable Mixed Use (WMXU-1). The zoning district and General Plan land use designation both allow for the sale of alcoholic beverages with the approval of a Conditional Use Permit The subject site location currently has an approved Conditional Use Permit running with the land. The zoning designation and General Plan land use designation would allow for the amendment of the ABC license to allow the convenlence store to operate with a Type 21 (Off-Sale General) ABC the zong and Development Code, Municipal Code, and Genaral Plan.
Finding No. 2: The site le physically sulted for the type, density, and Intensity of the proposed use Including accass, utilities, and the absence of physical constralnts and can be conditioned to meet all related performance erfterla and development standards.
38 Resolution PC No. 2020-
Finding of Fact: The establishment is an exleting and approved multi-tenant commercial bullding that meets the City's performance ofterla and development standards. The site is physically sulted for the type of use that Is existing currently. The establishment is in an area that has a variety of commercial and retail uses. The site is presently not operating with a Type 21 (On-Sale Beer and Wine) ABC License; however the establlahment did have an approved Type 21 ABC LIcense In 2018. Amending Conditional Use Perit No. 96-091R3 will not resuit in any physical constraints.
Finding No. 3: Granting the permit would not be detrimental to the public in which the project is located.
Finding of Fact: The proposed entitlement has been reviewed by all applicable State, city and County agencies to ensure that it meets all applicable standards. The project has been revlewed and potential adverse effects to health, safety, and general walfare have been mitigated through the conditions of approval as referenced here regarding the operation of the proposed ABC license amendment. This project qualifies for a categorical exemption pursuant to Section No. 15301 (Class No. 1, Existing Facilities) of the Callfomla Environmental Qualty Act (CEQA), and Section No. 3.22 Existing Facities of the F implomonting to Calk 2019 Local Guldelines for Implementing the California Environmental Qually Act.
Finding No. 4: That the proposed use will meat the finding of "Public Convenience or Necessity".
Finding of Fact. The convenlence store Is located within Census Tract 28.03.
Currently, there are three off-sale Icenses operating within this census tract, Including Simers Market, Arrow Mini Mart, and Alphine Liquor and Market. Two of the three establishments are approved to operate with an ABC Type 21 (Off-sale General) licanse.
Census Tract No. 28.03 la a centrally located tract, stretching from Foothill Boulevard south to Arrow Boulevard and from Citrus Avenue to Juniper Avenue. This application would be considered a "public benefit" and therefore meet the definition of Public Canvenience or Necessity" based on the following findings. The finding of "Public Convenience or Necessity can be met as consumers would find it convenient to purchase beer, wine, and distilled spirits at a local convenience store as opposed to a large supermarket The sale of alcohol Is Important for small convenient stores as it allows them to malntaln a small footing to compete against larger regional chains.
39 Resoluton PC No. 2020-
The character of the surrounding uses is a mix of commercial uses that include a twenty. bur (24) our Alto gas sellon, wenty-our (24) hour walgreens, Chase Bank, and large-scale Markets Ilke Cardenas and Superior Grocers. A signtficant percentage of the purchasing alcohol and other speclalty items typically found at a convenience store. The multi-tenant commercial center Is well established with other retallers. Consumers who already frequent the commercial center for other services with find convenient to purchase beer, wine, and distilled splits from an establishment on the same property. The site has been in busness since 1988 and has been an established use where alcohol has been purchased.
Sectlon 2. Based on the foregolng, the City of Fontana Planning Commission No. 3.22 of the 2018 Local Guidelines for Implementing CEQA.
Section 3, Based on the foregaing, the City of Fontana Planning Commission hereby approves the findings of Public Convenlence and Necessity Bs Indicated in this Resolution and approves Conditional Use Permit (CUP) 95-019R3 for an Alcoholic (APN: 0191-011-06).
Section 4, Resolution Regarding Quaadian of Record: The documents and materlals that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department - Plarning Division, 8353 Slera Avenue, Fontana, CA 92335. This Informadon is provided in complance with Public Resources Code Section No. 21081.6.
Section 5. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, Callfomla, at a regular meeting held on this 21 day of April 2020.
City of Fontana
Daniel Quiraga, Chairperson
Resolution PC No. 2020-_
ATTEST:
1, Angela Garcla, Secretary of the Planning Commission of the City of Fontana, Califomla, do hereby certify that the foregoing resolution was duly and regulary adopted by the Planning Commission at a regular meeting thereof, held on the 21 day of April 2020, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
Angela Garcle, Secnetary
Resolution PC No. 2020-
EXHIBIT "A"
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. 20-027 DATE: April 21, 2020
Conditional Use Permit (CUP) No. 95-019R3
LOCATION: 18118 Foothll Boulovard (APN:0191-D11-08)
PLANNING:
1. This approval Is for Conditional Use Permit (CUP) No. 85-019R3 to amend the existing Conditonal Uee Permit (CUP) No. 95-010 to allow for an axiating conventence stare Circle Ky to operate with a Calfomla Department of Alcoholic Beverage Control (ABC) Type 21 (Oii-Sale General) Icense as approved by the Planning Commission on April be limited to da made rep andir coat andred agine tale a lor of suit, attomeys fees, and other costs, liabilitles and expenses Incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City andior any parties bringing such forth.
The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant In damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant ahall not sue the City for damages or monetary relief for any matter artsing from or related to this condition of approval. Applicant's sole and exclusive remedy shall be limited to declaratory/injunctive rellef, mandate, and/or specific performance.
5. The nights and privlleges granted by this prolect shall not become effective, nor shall the Applicant commence the use for which this project le granted, until all of the following have occurred:
a. All requirements of the Fontane Municipal Code shall be complied with.
Resolution PC No. 2020-
b. All Conditions of Approval Imposed on this project have been fulfilled.
4. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, seaty or welfare concama, the City Manager Is authorized to approve or conditonally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next avallable meeting for City Councll ratification, but in no event later than sixty (80) days tollowing the City Manager's decision. The noticing of such City Councll meeting for possible ratification shall be pursuant to Sections 30-30 and 30- 31 of the Municipal Code.
5. At any time, the Director of Community Development may bring a status report to the Planning Commission endiying impacts or fallure to comply with condona resulting from the Conditional Use Permit approval. Such status report may contaln a police report regarding calls for service at the location. Nothing herein shall modify or limit the City's authority to regulate the business or modity or revoke the permit upon the City's determination that the business is being operated in a manner adverse to the public's health, safety, and welfare.
8. The approved set of Conditions of Approval shall be posted at all times at a visible location behind the cashier's counter in the facility and shall remain legible at all times. third of the total transparent area of any window. Window signage shall be limited to 25 percent of the total window and clear door arsa. Window signs shall be placed and maltalned in a manner so that there is a clear and unobstructed view of the interior of the premises from the adjacent aldewalk or entrance to the premises.
POLICE DEPARTMENT:
8. The operation of the business shall not violate any federal, state, or local laws or ordinancas, including the rules, regulations and orders of the State Alcoholl Beverage Control Department and all conditions of the City of Fontana's Conditional Use Pemit.
Fallure to comply with these requirements shall constitute grounds for revocation of a conditional use permit.
9. All tobacco products shall romain under the control of the management, behind the cashler's counter.
10. If Icensed premises operates twenty-four (24) hours a day, the business permanently affixed cooler, lockable permanently affixed display case, or under the cortral of the management behind the cashier's counter. The coolers and display
PLANNING COMMISION
APRIL 21, 2020
Resolution PC No. 2020--
no alcohole beverages shall be sold during the hours of twa (2) a.m. to six (6) a.m. dally.
11. Employees engaged In the sale or distributton of alcoholic beverages shall be at east 1a years of age. if the bualnese owner, icensee, or management choose to employ a salesperson between the ages of 18 to 20, that salesperson must be under the continuous supervision of at least one salesperson who Is 21 years old or older.
12. The sale of malt Ilquor or fortified wine products with an alcoholle cortent greater than 17 percent by volume Is prohibited.
13. The liceness shall not sell single bottle of wine in less than 750 mi. containers.
Specialty or desert wines which are only packaged in 376 millter bottles shall be permitted.
14. No distllled splits shall be sold In bottles or containers smaller than 375 milliters (pint).
15. The sale of beer or malt beverages In single size contalners of 40 ounces or less la prohibited.
16. The licansed premise shall not sell individual units of bear or wine from the manuracturere mutt-unt packages (three-packs, four-packs, six-packs, etc.).
17. The Icensee shall not allocate more than half of the cooler doors for the sale of alcoholic beverages. All designated coolers for alcoholic beverages shall be located furthest away from the entrance doors.
18. The possession of alcoholl beverages in open contalners and the consumption of alcoholic beverages are prohibited on or around the Icensed premises.
19. Alcoholic beverages shall not be displayed or stored on the public floor area of the business and shall only be stored within a designated storage room.
20. In the event that adut merchandise (books, magazines, videos and CDs) is offered for sale, all such merchandise shall be kept under the control of the management behind the cashlera counter and must be segregated from other reading material and screened from the view of minors.
21. On a regular and reasonable best lifter shall be removed dally from the premises, Including adjacent public aldewalks and all parking areas under the control of the business owner/licensee. These areas shall be swept or cleaned,either mechanically or manually, on a weekly basle to control debris.
FINAL COA
PLANNING COMMISION
APRIL 21, 2020
Resolution PC No. 2020-
23. Grate cated ran the let in avertial are tale alien at one or a premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/panted over with a color reasonably matching the color of the exleting bullding, structure, or other surface being abated. Additionally, the business ownerlicensee shall notty the City within 24 hours (al 908.350-GONE) of any graft elsewhere on the property not under the business owner/licensee's control so that it may be abated by the property owner and/or the City's Graffit Enforcement Team.
24. The management and employees of the licensed premise shall be required to prevent literng in the perking ot of the site. The management and employees of altering of persons about the premises.
20. Sales of alcoholle beverages will be restricted to, and within the confines of, the bullding portion of the licensed premises.
28. A digital video surveillance system is required at the premise. It is recommended that the video surveillance system is to be an internet-based system and shall be malntalned In proper working order at all times. The survelllance video/visual medla shall be malalned by the business owmer for a minimum of sty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours.
27. Signs shall comply with all City of Fontana sign requirements. No more than 25% of the total window area and clear doors shall bear advertising, signs or obetructions of any sort. Window signs or other obstructions shall be placed and maintained In a manner so that there Is a clear and unobstructed view of the Interior of the premises from the public aldewalk or entrance to the premises (this apples to all windows and glass doors of this location).
28. The exterior of the premise, Including all entrances, walkways, adjacent public sidewalks, alleyways and parking lots under the control of the licenses, shall be Illuminated at a minimum of one (1) foot candle of light during all hours of darkness, so that persons standing In those areas at night are Identiflable by law enforcement personnel. All luminaries utillzed are required to have vandal resistant light fixtures.
29. The exterior of the licensed premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be Illuminated during the hours of darkness, at all entrances, sidewalks or parking surfaces, at a minimum of one foot candle of light.
FINAL COA
PLANNING COMMISION
APRIL 21, 2020
Resolution PC No. 2020--
30. A prominent, permanent sign or signs stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted on the front, north and west sides of the bullding or in the front windows of the business and shall be clearty visible to patrone of the licensee. The size, format, placement, and languages of the sign or signe shall be determined by the Department of Alcoholic Beverage Control. cenerally, the signe should be 24 inches In length and 14 Inches in width with the print of sufficient size to make tham clearly readable.
31. A prominent, permanent sign or signs stating NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THE PREMISES" shall be posted on the front, be clearty visible to patrons of the licensee.
languages of the sign or signe shall be determined by the Department of Alcohollc beverage condo. Generally, the signs should be 24 Inches In length and 14 inches in with with the print of sufficient size to make them clearty readable.
32. No electronic arcade or amusement games are permitted on the licensed premises at any time.
33. In the event security problems occur, the Palice Department (Chief of Police) will asue a letter to the owner requesting a meeting to discuss said security problems.
If security problems are not resolved by the owner in the timeframe mutually agreed upon In sall meeting, at the dlacretion of the Chlet of Police, the business owner/licensae or management, at his or her own expense, shall provide a Califomla censed, unformed secury guard(8) on te premises, during such hours as requested and directed by the Police Department. All uniformed security guards shall comply with Fontana City Code section 22-02, and shall be registered with the State of California's Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.
training within 80 days of employment.
35. Toatop beid tet Cait of April the adha an hate sal berte at le
36. The hours of operation shall be twenty-four (24) hours, seven (7) daya a week.
END OF CONDITIONS
FINAL COA
PLANNING COMMISION
APRIL 21, 2020
NOTICE OF EXEMPTION
TO: Clark of the Board of Supervisors FROM: City of Fontana county of san Bemard no Planning Division
385N. Arrowhead Avenue, 2nd Floor 8353 Sierra Avenue
San Bemardino, CA 82416-0130 Fontana, CA 92335
1. Project Title: Conditional Use Permit No. 05-019R3
2. Project Location - Specific: 18110 Foothill Boulevard
3. (a) Project Location - City: Fontana, CA 97236
(b) Project Location - County: San Bemard ne
4. Description of nature, purpose, and beneficlarles of Project A raquest to roview a Conditlonal Use Permit (CUP) No. 95-0193 to allow en existing convenlence store Circle to operate with an Alcoho Beverage Control (ABC) Type 21 (Off-Sale Generalconse.
6. Name of Public Agency approving project: City of Fontana B. Name of Person or Agency carrying out project: Clty of Fontana
7. Exempt status: (Check one)
Ministerlal project.
Not a project.
Emergency Project.
Categoral Exemption. State type and class number. Exempt under Section No. 15501, Crass No. 1. (Ex/sing Faces) of the Calliomla Environmental Quality Act. (CEQA), and Section 3.22 of the Local 2019 Guldelines for molemering the Calloma Enronment Quality Act (CHOA).
Daclared Emergency.
Statutory Exemption. State Code section number:_
3. Roone store Cite operate it alfre to met a l for a earing Control (ABC) Type 21 (Off-Sala General) License.
9. Contact Person: Mai Thao, Planning Technician Telephone: (909) 350-0850 Date Recelved for Fling:
Orlando Homandez
Planning Manager
(Clerk Stamp Here)
ATTACHMENT NO. 5
47 CONTINU
NOTICE OF EXEMPTION AND PUBLIC HEARING
SI DESEA INFORMACIÓN EN ESPAÑOL REFERENTE A ESTA NOTIFICACIÓN O PROYECTO, FAVOR DE COMUNICARBE AL (909) 350-0726.
Due to the evolving situation with the COVID-19 Novel Coronavirus and the health recommendstions for soatal diatancing from the Center for Disease Control (CDC) THE CITY OF FONTANA PLANNING COMMISSION MEETING OF APRIL 21. 2070 AT 6:00 PM SHALL BE AVAILABLE TO THE PUBLIC REMOTELY, The general public is encouraged to watch and participate from the safety of thair home while practicing social distancing. The meating can be viewed: On Local Cable: KFON Channel 3 and Streaming Online: hitpe://fontanaca.swaglt.com/ilvg Members of the pubiic can aubmit commente via e mahat: planninachrision Crantan Lorgat any time prior to the closing of the pubiic hearing for each agenda item. Comments recelved prior to 12:00 p.m. on Wednesday, April 15, 2020 will be provided in advance to the Planning Commissionera. City Staff will be monitoring thie e-mail during the meeting and will read the comments into the record at the appropriate time during the meeting. Please submit commente priorto the opening of the public comment period for each agenda item. Public Comments of no more than 3 minutes shall be read Into the record. In the subjact of your e-mali, please indicate the Item number and if it is a public hearing Item whether you are in favor or opposition of the project.
Commente received after the public comment period is closed shell not become part of the pulle record of the hearing and shall not be made available to the Planning Commission.
In compilance 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 avallable In approprlate eternative formite to pereone with a dieability. Should you need spacial assistance to participate in thie meeting, please contact the City Clerk's Department by walling (908) 360-7602.
Notification 48 hours prior to the meeting will enable the City to make raasonable arrangements to ensure accessibllity to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISION OF THE CITY OF FONTANA FOR THE FOLLOWING:
Master Case No. 20-027 and Conditional Use Permit No. 95-019R3 A reguest to amend an existing Condional Use Pemit (CUP) No. 95-019R3 for an existing convenlence store CIrcle K) to operate with an Alcoholic Beverage Control (ABC) Type 21 (Off-sale General) IIcanse.
The project la exempt pursuant to Section 15301, Class 1, (Existing Determination: Facilitles) of the Califomia Environmental Quality Act (CEQA) and Section 3.22 of the 2019 City of Fontana Local Guidelines for Implamenting the Callfomia Environmental Quality Act.
Location of 18119 Foothill Boulevard
Propertr (APN: 0191-011-06)
Dude of Hearing: Aprll 21, 2020
Place of Hearing: Remolly vła Local Cabra: KFON
Channel 3 and Streaming Online:
https:/hontarra.wwanlt.com/llve
Project Site
ATTACHMENT NO. 6
Time of Hearing: 6:00 P.M.
Shoul you have eny questions concering this profect, please contact Mal Thao, Planning Technician, at (909) 350-6850 or by o-mall at [email protected]
ANY INTERESTED PARTY MAY SEND ANY INFORMATION TO THE EMAIL LISTED ABOVE
WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION, A COPY OF THE
APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION BY REQUESTING IT FROM THE PROJECT PLANNER.
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.
Pullsh April 10, 2020
ATTACHMENT NO. 6
CITRUS AVENUE FRONT ENTRY
Саве # Date Profect Planner
CuP NO 95-0/9 421.20
MEN 20.027
APPROVED
*. Planning Divisica
Community Development Dopasten Hise
CITY OF FONTANA
Last CAn
160, 1
may,
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chauf set 417- + 13 FOOTHILL AVENUE
191007 Kites,
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ITEM B PUBLIC HEARING
Fourt :
49 FONTANA
CALIFORNIA
NOTICE OF CONTINUANCE OF PUBLIC HEARING
At the February 20, 2024 meeting, the Fontana Planning Commission opened and continued to the meeting of March 5, 2024, and;
• At the March 5, 2024 meeting, the Fontana Planning Commission opened and continued to the meeting of April 16, 2024, and;
• At the April 16, 2024 meeting, the Fontana Planning Commission opened and continued to the meeting of June 18, 2024, and;
• At the June 18, 2024 meeting, the Fontana Planning Commission opened and continued to the meeting of July 16, 2024 the public hearing regarding the following matter:
Master Case (MCN) No. 20-027R1; and Conditional Use Permit (CUP) No. 95-019R4 The applicant, Jagjit Singh, is requesting that the Planning Commission review and approve Conditional Use Permit No. 95-019R4 for the modification to an existing condition of approval (CUP No. 95-19R3) to allow the sale of singles smaller than 375 milliliters and the sale of beer/malt beverages in single size containers of 40 ounces or less located at 16119 Foothill Boulevard for an existing convenience store, Circle K (APN: 0191- 011-06).
Environmental This project is Categorically Exempt pursuant to Section No. 15301 (Existing Facilities) of the Determination: California Environmental Quality Act and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing CEQA.
Location of 16119 Foothill Boulevard
Property: (APN: 0191-011-06)
Date of Hearing: July 16, 2024
Place of Hearing: City Hall Council Chambers Foothill Blvd. 8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 P.M.
Project Site
Should you have any questions concerning this project, please contact Alexia De La Torre, Assistant Planner, at (909) 350- 6568 or by email: [email protected]
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. 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. 50 ATTACHMENT NO. 8