City of FontanaStaff Report to the Planning Commission APPLICATION: Master Case No. 14-002 Conditional Use Permit No. 14-039 DATE: February 17, 2015 APPLICANT: Ms. Valerie Sacks Liquor License Specialist on behalf of Chipotle Mexican Grill 2222 Damon St. Los Angeles, CA 90021 LOCATION: The project site located at 10515 Sierra Avenue, Ste. 400. REQUEST: Conditional Use Permit (CUP) No. 14-039, a request from Liquor License Specialists, on behalf of Chipotle Mexican Grill, to operate a restaurant in conjunction with a new California Department of Alcoholic Beverage Control (ABC) Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) license. PROJECT PLANNER: Dawn Rowe, Assistant Planner I. PLACEMENT: Public Hearing BACKGROUND INFORMATION: A. Land Use Designation: Property Site: General Plan Light Industrial (L-1) Zoning/Specific Plan M-1 Existing Land Use Commercial Center/Hotel North: South: East: West: General Commercial (C-G) Light Industrial (L-1) Light Industrial (L-1) General Commercial (C-G) Empire Center S.P. M-1 M-1 C-2 Commercial Center Vacant Vacant Commercial Center B. Environmental Review Finding: This project qualifies for a Categorical Exemption, pursuant to Section No. 15301 (Class No. 1, Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. C. Previous Approvals: 1. On November 21, 2006, the Planning Commission approved Design Review No. 05-052, Conditional Use Permit No. 05-038, and Tentative Parcel Map 16997, for the development of a 115 room hotel, on Parcel A, and a future restaurant pad on Parcel B. 2. On April 24, 2014, the Director of Community Development approved Administrative Site Plan No. 14-002, for the site and architectural approval of a 7,460 square foot building. The building includes four (4) suites for restaurant use, plus two (2) outdoor seating has made such a finding and approved Conditional Use Permits for the sale of beer and wine for restaurants in over-concentrated areas. Census Tract No. The census tract boundaries are as follows: the northern boundary is the Interstate10 Freeway from Locust Avenue to Cherry Avenue and Slover Avenue from Cherry Avenue to Mulberry Avenue. currently operating as Alberto’s Mexican Restaurant and the former Red Brick Pizza (11201 Sierra Avenue). in addition to an approximate 450 square foot outdoor dining area. This is an area of approximately eight (8. an additional two (2) sites are approved to operate. which is six (6) spaces less Master Case No. With eight (8) active on-sale licenses. Mulberry Avenue from Slover Avenue to Jurupa Avenue. the western boundary is Cherry Avenue from Interstate-10 Freeway to Slover Avenue.: The subject site is located within Census Tract No.01. 26. Concentration: According to ABC.areas on the end suites. A census tract information matrix is attached (Attachment No. the southern boundary is Jurupa Avenue from Mulberry Avenue to Sierra Avenue and the City limit boundary from Sierra Avenue to Armstrong Road. and the eastern boundary is Locust Avenue from Interstate-10 Freeway to Armstrong Road and Armstrong Road from Locust Avenue to the City limit boundary.3) square miles. Moreover. substantial meals during the normal operating hours. 26. 14-039 Page 2 of 5 February 17. Building Analysis: The restaurant building is approximately 7.01. The Planning Commission. The proposed project provides 227 parking spaces for the joint use of the hotel and the future restaurant pad. and Sierra Avenue from Jurupa Avenue to the City limit boundary. 2015 . located on Parcel B of the previously approved Parcel Map No. With two (2) locations currently inactive but allowed to operate with the approved CUPs. 9). and two (2) inactive on-sale licenses within this tract. New licenses may be issued by ABC where a tract is over-concentrated provided that a finding of Public Convenience or Necessity is made by the local jurisdiction. 8). in the past. eight (8) on-sale licenses are allowed within Census Tract No. the former Wing-Stop (10650 Sierra Avenue). (See Attachment No. The establishment shall operate and maintain the licensed premise as a bona fide eating place making actual.000 square feet. The Chipotle Mexican Restaurant occupies approximately 2. PROJECT DESCRIPTION: Type of ABC License: Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) License. currently occupied by Leo’s Family Restaurant. staff has processed this application as an over-concentrated tract as categorized by ABC. Currently there are eight (8) active on-sale licenses operating within the tract. 3). A map outlining the census tract is attached (Attachment No. 14-002 Conditional Use Permit No. 16997.460 square feet. II. the parking was calculated separately for each proposed use on the two (2) parcels. Parking Analysis: Pursuant to the previous site approval in 2006. authorizes the sale of beer and wine for consumption on the licensed premise where sold. 5. staff supported a less than ten (10) percent relaxation of the parking required for each use as calculated separately during the original entitlement approval. and 10:00 p. 2. Business Name Hilton Garden Inn Brandons Diner Shakey's Pizza Parlor Los Monitos Shrimp House Corky's Kitchen & Bakery Address 10543 Sierra Ave. 4. Furthermore. decreasing the number of parking spaces needed. III. Suite K-101 10664 Sierra Ave.. Suite 2B 17122 Slover Ave.m. The parking is based on separate calculations for the restaurant. park. Valerie Sacks of Liquor License Specialists. and other similar uses deemed sensitive. Distance 140 ft. It was anticipated. the average night-to-night vacancy rate for a Hilton Garden Inn Hotel is approximately 25 percent. 6. 14-039 Page 3 of 5 February 17. 2015 . and provided the Planning Commission makes the appropriate finding for Public Convenience or Necessity. 521 ft. 16940 Slover Ave. There is a shared parking agreement between the two sites on file. youth facility. hospital. ANALYSIS: The applicant. 253 ft. In addition to the FCC’s requirements and standards. 14-002 Conditional Use Permit No.. 14-039. which would account for a total of 29 unused parking spaces during non-peak periods.01 26.01 License On On On On On On Type 47 47 41 41 41 41 The Police Department. and conference area within the hotel. on behalf of Chipotle Mexican Restaurant. 281 ft. hotel.01 26. The proposed project meets or exceeds the requirements and standards of the Fontana City Code (FCC). 17132 Slover Ave. Staff has found that the following similar establishments exist (the distance is from building to building): 1.m. The CUP is a request to allow the Chipotle Mexican Restaurant to operate in conjunction with an ABC Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) license. religious institution. The property is located at 10515 Sierra Avenue.01 26. Based on the above consideration of joint use. provided the applicant complies with the conditions of approval enacted by the Planning Commission and ABC. Staff has found no such activities within 600 feet of the proposed restaurant. 3. at the request of the Planning Division. It is also anticipated that some guests will patronize the restaurant. employees. however that a significant percentage of the people using the conference area will be guests of the hotel. The applicant is proposing to operate from 11:00 a. 10926 Sierra Ave. is requesting that the Planning Commission review and approve CUP No. 831 ft. Tact 26. A business where a new Conditional Use Permit is requested for the sale of alcoholic beverages should be a minimum of 600 feet away from an existing or proposed school.01 26.. stated they have no objections to issuing the CUP for this establishment. seven days a week. Ms. Master Case No.than the requirements of the Zoning and Development Code or a deficiency of less than ten (10) percent. staff has reviewed the location with particular consideration to the physical relationship and proximity of the proposed use to that of similar uses on the same or surrounding sites. 2712 ft.01 26. in a more relaxed atmosphere. Existing Facility) of the CEQA Guidelines. and direct staff to file a Notice of Exemption. The Hilton Garden Inn is located on the southeast corner of Slover Avenue and Sierra Avenue. Project Planner: ___________________ Dawn Rowe Master Case No. Chipotle Mexican Restaurant is considered a “fast casual” restaurant that provides high quality food and service. the granting of this CUP supports the City Council’s goal “To Promote Economic Development and being open for business”. There are a limited number of restaurants south of the Interstate-10 Freeway. staff recommends that the Planning Commission: 1. if a large number of the general population chooses to enjoy an alcoholic beverage while dining. The approval of this application will allow people the opportunity to enjoy an alcoholic beverage with their meal within a controlled environment. the Social Security Office building. Restaurants like this will be limited in hours of operations and shall comply with the conditions of approval and follow the guidelines of the Police Department. Furthermore. (Class No. Existing Facility) of the California Environmental Quality Act (CEQA). 15301. The finding of Public Convenience or Necessity can further be met. 2. 14-002 Conditional Use Permit No.Finding of “Public Convenience or Necessity” The Planning Commission may find that this application would be considered a “public benefit” and therefore meet the definition of Public Convenience or Necessity. A Notice of Exemption has been prepared for the Planning Commission’s consideration (See Attachment No. the Kaiser Call Center. 1. Target. Some patrons of hotels have limited transportation opportunities. that is currently located within the old IKEA building. It will also provide an additional eating place for employees that work in the area (for example. 14-039 subject to the attached findings and conditions of approval. Determine that the project is Categorically Exempt pursuant to Section No. (Class No. adjacent to this parcel. and. Considering these facts the Planning Commission may make a finding of Public Convenience or Necessity. RECOMMENDATION: Based on the information in the staff report and subject to the attached Findings and Conditions of Approval. which includes the following objectives: business expansion and business friendly City operations. The proposed restaurant will provide an additional eating place for the residents south of the Interstate-10 Freeway. Environmental This project as proposed qualifies for a Categorical Exemption from further environmental review pursuant to Section No. and other established businesses in this area). 1. 14-039 Page 4 of 5 Reviewed by: ____________________________ Zaiton AbuBakar February 17. 2015 . and the approval of this application will allow these patrons an additional convenient place to enjoy an alcoholic beverage with their meal. Approve Conditional Use Permit No. 7). 15301. 26. 5. 14-039 Page 5 of 5 February 17. Troyer. 10.01 Notice of Public Hearing Master Case No. Vicinity Map Site Plan Floor Plan Findings for Conditional Use Permit Findings of Public Convenience or Necessity Conditions of Approval Notice of Exemption Census Tract Information Census Tract Map No. 2015 . 6. AICP Director of Community Development Attachments: 1. 9. 2. 7. 4. 3. 8. 14-002 Conditional Use Permit No.Assistant Planner Planning Manager Approved by: ___________________ James R.