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: Daniel Rosas, Senior Planner
Title
Conditional Development Permit No. 2023-0036: A request to allow the sale of beer, wine, and distilled spirits at an existing 2,200 square retail store within a multi-tenant commercial building located at 1133 West Casmalia Street (APN: 1133-521-08) within the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan. This project is categorically exempt pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA).
Body
APPLICANT:
Samer and Elizette Zait, 15218 Summit Avenue, #300-419, Fontana, CA 92336.
LOCATION:
The project site consists of one (1) parcel of land located at 1133 West Casmalia Street (APN: 1133-521-08) (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 (Renaissance SP) |
|
North |
Residential 6 |
|
East |
Specific Plan with a Specific Plan Overlay (Renaissance SP) |
|
South |
Not A Part |
|
West |
Specific Plan with a Specific Plan Overlay (Renaissance SP) |
Surrounding Zoning Designations
|
Location |
Zoning |
|
Site |
Freeway Incubator (FI) |
|
North |
Single Family Residential (R-1B) |
|
East |
Freeway Incubator (FI) |
|
South |
N/A |
|
West |
Freeway Incubator (FI) |
Site Characteristics
The project is generally located within an existing retail center consisting of three parcels. Specifically, the project site is located on the central parcel which is irregular shaped and approximately 0.62 net acres in size.
Surrounding Area
The project site is bound by Ayala Drive on the east and a gas station with convenience store, Casmalia Street to the north and existing single-family neighborhood, to the south buy the Cactus Flood Control Channel and 210 freeway, and to the west by a fast-food drive-through restaurant. The zoning of the project site and properties to the east and west is Freeway Incubator (FI) within the Renaissance Specific Plan. The zoning of the properties to the north is Single-Family Residential (R-1B). The property to the south is a public use and the 210 Freeway.
ANALYSIS/DISCUSSION:
Project Proposal
The applicant, World Renowned Spirits and Wine, proposes to operate a retail store for the sale alcoholic beverages for off-site consumption within an existing commercial suite at 1133 West Casmalia Street, Suite #101, generally located at the southwest corner of the Casmalia Street and Ayala Drive intersection. (Exhibit B)
Entitlement Requirement
Per Section 18.110.040 of the Rialto Municipal Code, the off-sale of beer and wine within a convenience market is subject to the approval of a Conditional Development Permit. Specifically, the applicant is seeking to obtain a Type 21 license from the State’s Alcoholic Beverage Control (ABC) Department for the sale of beer and wine. Section 18.110.050 of the Rialto Municipal Code provides separation criteria between establishments that engage in the off-sale of alcohol, and sensitive uses, such as churches, schools, etc. Measurements are obtained by measuring the distance from any point upon the outside wall of the location in question to the nearest developed portion of the convenience market property. The proposed location of the convenience market, in which beer and wine will be available for sale, exceeds the minimum separation criteria as shown in the chart below and as required by Section 18.110.050 of the Rialto Municipal Code:
|
Separation from… |
Requirement |
Proposed |
Meets Code |
|
Schools |
Min. 1,000 ft. |
2,035+/- ft. |
Yes |
|
Churches/Parks |
Min. 500 ft. |
4,832/3,050+/- ft. |
Yes |
|
Residential Areas |
Min. 100 ft. |
125+/- ft. |
Yes |
The Draft Resolution of Approval for the off-sale of alcoholic beverages request contains Conditions of Approval that restrict the display and advertising of alcoholic beverages, and the age of employees who sell alcoholic beverages. Additionally, the Draft Resolution of Approval also requires the applicant to provide public education regarding drinking laws in the form of signage and decals at the register. The ABC Department has indicated that a Public Convenience and Necessity (PCN) will not be required prior to issuance of the Type 21 license.
Although the applicant, World Renowned Spirits and Wine, also engages in the sale of fine cigars the establishment is not classified as a smoke shop. Therefore, the Draft Resolution of Approval contains a condition of approval that limits the floor area devoted to the sale of cigarettes, cigars, pipes, bongs, tobacco, electronic cigarettes, and related paraphernalia to no more than fifteen percent of the floor area.
Safety
The applicant prepared and submitted a Crime Prevention Plan (Exhibit C) for the project, in accordance with Section 18.106.050 of the Rialto Municipal Code. The Rialto Police Department reviewed and endorsed the prevention measures within the Crime Prevention Plan. 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, the installation of burglary and robbery alarms, as well as security cameras. The Crime Prevention Plan also includes measures to discourage loitering. The operator shall post signs on the building displaying “No Loitering”, and arcades and video games will not be allowed. The Rialto Police Department concludes that, if properly implemented and sustained, these safety measures will minimize crime and nuisance activities that may otherwise be associated with the establishment.
Land Use Compatibility
The project is consistent with the Freeway Incubator (FI) zone of the Renaissance Specific Plan and the future uses adjacent to the project site. The most sensitive uses are residences located more than 125 feet from the development. Potentially adverse impacts to uses adjacent to or near the project site will be less than significant with the incorporation mitigation measures. As such, the project will not negatively affect the surrounding area, specifically since the applicant will implement the safety measures listed within the Crime Prevention Plan. The project is anticipated to be a benefit to the community and an improvement to the surrounding area.
GENERAL PLAN CONSISTENCY:
The project is consistent with the following goals of the Safety Element of the Rialto General Plan:
Goal 3-1: Strengthen and diversify the economic base and employment opportunities, and maintain a positive business climate.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities. Class 1 allows for the exemption of a project involving negligible or no expansion of a use. The project involves the establishment of an alcoholic beverage retail store, thereby qualifying the project for a Class 1 exemption.
PUBLIC NOTICE:
The City mailed public hearing notices for the proposed project to all property owners within 660 feet of the project site, posted a copy of the public hearing notice at the project site and outside of the Council Chambers, as well as published the public hearing notice in the San Bernardino Sun newspaper, as required by State law.
RECOMMENDATION:
The Planning Division recommends that the Planning Commission:
1. Determine the project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301 (Existing Facilities); and,
2. Adopt the attached Resolution (Exhibit D) to approve Conditional Development Permit No. 2023-0036 to allow the sale of beer, wine and distilled spirits subject to the findings and conditions therein.