For the Planning Commission Meeting of May 15, 2024
TO: Honorable Chairman and Planning Commissioners
REVIEWED BY: Colby Cataldi, Director of Community Development
FROM: Jason Costa, Associate Planner
Title
The Souldies Lounge: A request the Planning Commission make a Finding of Public Convenience or Necessity (PCN) for the on-site sale of beer and wine (License Type 42) and approval of Conditional Development Permit No. 2024-0005 for live entertainment at The Souldies Lounge. The Souldies Lounge is proposed within an existing 2,500 square foot tenant space within a commercial building at 108 South Riverside Avenue within the Core Commercial (C-C) zone of the Central Area Specific Plan.
Body
APPLICANT:
Ruben Garcia, 108 South Riverside Avenue, Rialto, CA 92376.
LOCATION:
The proposed establishment would be located within an existing 2,500 square foot tenant space in a commercial building located at 108 South Riverside Avenue. The building is located on one (1) parcel of land (APN # 0130-241-45) on the west side of Riverside Avenue and approximately 60 feet south of West First Street (Refer to the attached Location Map (Exhibit A)).
BACKGROUND:
Surrounding Land Uses and Zoning
The proposed bar is a permitted use within the Core Commercial (C-C) zone in the Central Area Specific Plan (downtown). The intent of the Core Commercial (C-C) zone is to provide uses which will intensify and strengthen the economic vitality of the Central Business District and reflect the character of the Downtown area, as established through the Central Area Specific Plan. The permitted uses within the Core Commercial (C-C) zone are intended to improve and enhance the design quality of the Downtown area with new economic vitality.
|
Location |
Existing Land Use |
Zoning |
|
Site |
Proposed Bar (The Souldies Lounge) |
Core Commercial (C-C)* |
|
North |
Retail Store (Restored to Hope Thrift Store) |
Core Commercial (C-C)* |
|
East |
Retail Stores (A Fresh Start Beauty and Barber; Harry’s Bag and Shoe Repair) |
Core Commercial (C-C)* |
|
South |
Retail Store (JF Jewelers) |
Core Commercial (C-C)* |
|
West |
Multi-Family Homes |
Core Commercial (C-C)* |
*Within the Central Area Specific Plan
General Plan Designation
Rialto’s historic Downtown core has been established to facilitate the development of a complementary mix of retail, commercial services, dining, entertainment, and residential uses within walking distances of establishments and the nearby Metrolink station and Civic Center. One of the goals of revitalizing Downtown is to create a pedestrian environment where walking and public transit will help reduce automobile use, both locally and in the region. The existing multi-tenant building and surrounding buildings within Downtown were built in close proximity of the sidewalk, promoting walkability within the Downtown area.
|
Location |
General Plan Designation |
|
Site |
Downtown Mixed-Use |
|
North |
Downtown Mixed-Use |
|
East |
Downtown Mixed-Use |
|
South |
Downtown Mixed-Use |
|
West |
Downtown Mixed-Use |
ANALYSIS/DISCUSSION:
Project Proposal
Ruben Garcia, the applicant, is requesting the approval of a Public Convenience and Necessity (PCN) letter as requested by the State’s Alcohol Beverage Control (ABC) Department, to establish a bar known as “The Souldies Lounge” in an existing tenant space in the Downtown area. Garcia also requests a Conditional Development Permit for live entertainment. According to the applicant’s plans (Exhibits B & C), the establishment will have a bar counter area with nine (9) stools and a lounge area with tables and chairs. There will be no kitchen or food preparation area, as food will not be served at this location. The bar will provide snacks such as peanuts, potato chips, popcorn, candy, etc.
Operational Characteristics
The bar will be managed by Ruben Garcia and Tanya Garcia. Mr. Garcia’s is requesting to have entertainment at the establishment that would include Karaoke, Comedy, live music, and DJ. This would bring new economic vitality and support to surrounding businesses. The hours of operation will be Sunday through Thursday from 3:00pm to 11:30pm and Friday and Saturday from 3:00pm to 12:30am.
Live Entertainment
The Souldies Lounge proposed location is in the Central Area Specific Plan and zoned Core Commercial (C-C). Live entertainment is not listed as a permitted use in the Core Commercial Permitted Uses; however, it may be permitted under Section 2.cc. with the approval of a Conditional Development Permit.
On-Sale of Beer and Wine
The applicant is seeking to obtain a Type 42 license from the ABC Department for the on-site sale and consumption of beer and wine. Food service is not required for this license type.
The ABC Department requires a Finding of Public Convenience or Necessity prior to the issuance of the Type 42 license. The PCN is required because the census tract where the project is located is considered “overconcentrated” with licenses in relation to the population within the tract. The project site is located on Census Tract 0037, in which there are fourteen (14) active licenses for ten establishments: one (1) Type 42 On-Sale General, five (5) Type 41 On-Sale of Beer and Wine licenses, one (1) Type 47 On-Sale general Eating Place, three (3) Type 48 On Sale Public Premises, one (1) Type 58 Caterer’s Permit, one (1) Type 68 Portable Bar License, and two (2) Type 77 Event Permit. Based on a population of 3,903, the ABC Department declared this census track area to be overconcentrated.
The City’s zoning code does not prescribe an approval process or criteria for on-sale establishments; however, it does specify that the Planning Commission is the decision-making authority for off-sale establishments such as convenience stores. Staff is referring this request to the Planning Commission to make a determination to correspond to the process for off-sale establishments.
Safety
The applicant prepared and submitted a Crime Prevention Plan (Exhibit D) for the project. The Rialto Police Department reviewed the prevention measures within the Crime Prevention Plan and approved the plan. Safety measures contained within the Crime Prevention Plan include the following:
• Installation of interior and exterior security cameras, to be active 24 hours a day;
• Bureau of Security Investigation Services (BSIS) accredited security guards to be on site to oversee the activities of the bar and enforce policy and state regulations; and,
• Training for staff to conform with ABC regulations.
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 Core Commercial (C-C) zone of the Central Specific Plan. In addition, the Rialto Police Department supports this request. 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.
GENERAL PLAN CONSISTENCY:
The project is consistent with the following goals of the Land Use Element and Economic Development Element of the Rialto General Plan:
Goal 2-2: Develop the Riverside Avenue Corridor to become an economically viable local service area.
Goal 3-1: Strengthen and diversify the economic base and employment opportunities and maintain a positive business climate.
ENVIRONMENTAL IMPACT:
The project is exempt under California Environmental Quality Act (CEQA) Section 15301 Class 1 Existing Facilities. The section allows for interior or exterior modifications including partitions, plumbing and electrical in existing facilities. This project will result in negligible or no expansion of the use and structure. This project meets the guidelines established by CEQA and is in compliance with the General Plan and Zoning designations for the site. No further environmental review is required.
RECOMMENDATION:
The Planning Division recommends that the Planning Commission:
1. Determine the project is categorically exempt pursuant to CEQA Section 15301 Class 1 Existing Facilities: and,
2. Adopt the attached Resolution (Exhibit E) Making a Finding of Public Convenience or Necessity to allow the on-sale of beer and wine for the establishment of a bar located at 108 South Riverside Avenue; and,
3. Adopt the attached Resolution (Exhibit F) Approving Conditional Development Permit No. 2024-0005 for live music and entertainment.