For the Planning Commission Meeting of February 7, 2024
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Colby Cataldi, Community Development Director
REVIEWED BY: Paul Gonzales, Community Development Manager
FROM: Shannon J. Casey, Contract Senior Planner
Title
(Master Case No. 2022-0070) Conditional Development Permit No. 2022-0040: A request to allow the sale of distilled spirits for off-site consumption (Type 21 License), in addition to existing sales of beer and wine for off-site consumption (currently Type 20 License), from an existing Sinclair convenience market and Gas Station located at 1325 W Foothill Boulevard (APN 0128-061-43) within the Commercial Pedestrian (C-P) land use district of the Foothill Boulevard Specific Plan. This Project is Categorically Exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines.
Body
APPLICANT:
JSJ Property Holdings LLC c/o Jaskaran Sondh, 9484 Sherwood Dr., Rancho Cucamonga, CA 91730.
LOCATION:
The project site is at 1325 W Foothill Boulevard, located at the southwest corner of Foothill Boulevard and North Cedar Avenue (Refer to the attached Location Map (Exhibit A)).
BACKGROUND:
Surrounding General Plan Land Use Designations
|
Location |
General Plan Designation |
|
Site |
Specific Plan with a Specific Plan Overlay (Foothill SP) |
|
North |
Specific Plan with a Specific Plan Overlay (Foothill SP) |
|
East |
Specific Plan with a Specific Plan Overlay (Foothill SP) |
|
South |
Specific Plan with a Specific Plan Overlay (Foothill SP) |
|
West |
Specific Plan with a Specific Plan Overlay (Foothill SP) |
Surrounding Land Use Districts or Zoning Designations
|
Location |
Zoning |
|
Site |
Commercial Pedestrian (C-P) - Foothill Boulevard Specific Plan |
|
North |
Commercial Pedestrian (C-P) - Foothill Boulevard Specific Plan |
|
East |
Commercial Pedestrian (C-P) - Foothill Boulevard Specific Plan |
|
South |
Commercial Pedestrian (C-P) - Foothill Boulevard Specific Plan |
|
West |
Commercial Pedestrian (C-P) - Foothill Boulevard Specific Plan |
Site Characteristics
The project site (Exhibit B), located on the southwest corner of Foothill Boulevard and North Cedar Avenue, consists of a 4,600-square-foot Sinclair convenience market with fast-serve restaurant, a 1,400-square-foot carwash, and a gas station consisting of twelve (12) fuel dispensers under a decorative overhead canopy. The Sinclair Gas Station, convenience store, and carwash consist of one (1) parcel of land with an area of one (1) acre.
Surrounding Area
To the north across Foothill Boulevard is a McDonald’s Fast-Food Restaurant, and to the east across Cedar Avenue is the Buffalo Spot Fast-Food Restaurant. To the south, is the 99 Cents Only Store, and to the west, is a Burger King Fast-Food Restaurant.
Existing Operation
The project site was originally developed as a Chevron gas station with convenience store and was later acquired by the applicant to operate as a Sinclair station in October of 2022. Currently the site operates a 4,600-square-foot Sinclair convenience market, a 1400-square-foot carwash, and a gas station consisting of twelve (12) fuel dispensers under a decorative overhead canopy. The existing operation consists of the sale of typical convenience goods, such as snacks, drinks, sundry items, cigarettes, lottery, etc., and also includes the sale of beer and wine for off-site consumption. The sale of beer and wine from the convenience market is currently licensed by the California Department of Alcoholic Beverage Control (ABC) via a Type 20 (Off-Sale Beer & Wine) license. A copy of the floor plan for the existing convenience market is attached as Exhibit C.
ANALYSIS/DISCUSSION:
Project Proposal
JSJ Property Holdings LLC c/o Jaskaran Sondh, the applicant, proposes to sell distilled spirits for off-site consumption, in addition to beer and wine, from the existing convenience market. Specifically, the applicant will seek to change their license with the ABC from a Type 20 (beer and wine only) license to a Type 21 (beer, wine, and distilled spirits) license. The Sinclair convenience market will operate from twenty-four hours a day, seven (7) days a week; however, liquor sales will be limited to the times permitted by the Type 21 Alcohol Beverage Control License. The liquor will not be sold between 2:00 a.m. and 6:00 a.m. All coolers with alcohol products will be locked during this time.
Entitlement Requirements
The proposal to include the sale of distilled spirits requires a change in ABC license classification, and, per Section 18.110.040 of the Rialto Municipal Code, said change requires the approval of a Conditional Development Permit by the Planning Commission.
Safety
Since acquisition by Sinclair, the Police Department has reported a reduction in calls for service to the location and support the Type 21 ABC license and the Conditional Development Permit application (Exhibit D).
In addition to the above-mentioned e-mail in support provided by the Rialto Police Department, and, in accordance with Section 18.106.050A(1) of the Rialto Municipal Code, the applicant submitted a Crime Prevention Plan (Exhibit E) that details the safety measures the applicant will implement to increase employee and customer safety and minimize criminal activity within the existing Sinclair convenience market. Safety measures contained within the Crime Prevention Plan include the installation of security lighting at a minimum of 1.5-foot candles around the entire building and the installation/maintenance of burglary alarms and surveillance cameras.
Public Convenience and Necessity
Prior to the issuance of a license for the sale of alcoholic beverages, ABC will typically require a city to make of Finding of Public Convenience and Necessity (PCN) for any new establishment in a census tract area that already exceeds the number of licenses that ABC will issue by right. However, in this case, ABC will not require a PCN since the existing convenience market already possesses a license from ABC and the request does not involve a new establishment seeking to sell alcoholic beverages.
Land Use Compatibility
The project is consistent with the Commercial Pedestrian (C-P) land use district of the Foothill Boulevard Specific Plan and Chapter 18.110 (Regulation of the Off-Sale of Alcoholic Beverages) of the Rialto Municipal Code. The nearest sensitive uses are the preschool to the north of the project site and the single-family residences to the west of the project site. Implementation of the Crime Prevention Plan and enforcement of the Conditions of Approval contained within the Draft Resolution for Conditional Development Permit No. 2022-0040 will ensure that project does not negatively impact these sensitive uses.
GENERAL PLAN CONSISTENCY:
The proposal to add the sale of distilled spirits within a 4,600-square-foot Sinclair existing convenience market is consistent with the following goals of the Economic Development Element of the Rialto General Plan:
Goal 3-1: Strengthen and diversify the economic base and employment opportunities and maintain a positive business climate.
Goal 3-3: Attract, expand, and retain commercial and industrial businesses to reduce blighted conditions and encourage job growth.
Goal 3-4: Revitalize aging and underperforming commercial and industrial areas.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act
The project site is in an existing 4,600 square-foot existing Sinclair convenience market The project is a request by an existing convenience market to add the sale of distilled spirits to their existing retail operation. No new construction or alterations are proposed as a part of the project. Therefore, the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines. Class 1 allows for the exemption of a project which consists of the operation of existing private structures involving negligible or no expansion of use. This project meets the guidelines established by CEQA and complies with the General Plan and Zoning designations for the site.
PUBLIC NOTICE:
The City published a public hearing notice for the proposed project in the San Bernardino Sun newspaper, posted copies of the public hearing notice outside the Council Chambers and City Clerk’s Office, and mailed public hearing notices to all property owners within 660 feet of the project site, as required by State law.
RECOMMENDATION:
The Planning Division recommends that the Planning Commission:
1. Determine that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines and direct Staff to file the Notice of Exemption with County of San Bernardino; and,
2. Adopt the attached Resolution (Exhibit F) to approve Conditional Development Permit No. 2022-0040 to allow the sale of distilled spirits for off-site consumption.