City of Fontana

Staff 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

areas on the end suites, located on Parcel B of the previously approved Parcel Map No.
16997.
II. PROJECT DESCRIPTION:
Type of ABC License:

Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place)
License, authorizes the sale of beer and wine for consumption on the
licensed premise where sold. The establishment shall operate and
maintain the licensed premise as a bona fide eating place making
actual, substantial meals during the normal operating hours.

Census Tract No.:

The subject site is located within Census Tract No. 26.01. 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; the western boundary is
Cherry Avenue from Interstate-10 Freeway to Slover Avenue, Mulberry
Avenue from Slover Avenue to Jurupa Avenue, and Sierra Avenue from
Jurupa Avenue to the City limit boundary; 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. This is an area of approximately eight (8.3) square miles. A
map outlining the census tract is attached (Attachment No. 9).

Concentration:

According to ABC, eight (8) on-sale licenses are allowed within Census
Tract No. 26.01. Currently there are eight (8) active on-sale licenses
operating within the tract. Moreover, an additional two (2) sites are
approved to operate, the former Wing-Stop (10650 Sierra Avenue),
currently operating as Albertos Mexican Restaurant and the former
Red Brick Pizza (11201 Sierra Avenue), currently occupied by Leos
Family Restaurant. With two (2) locations currently inactive but allowed
to operate with the approved CUPs. With eight (8) active on-sale
licenses, and two (2) inactive on-sale licenses within this tract, staff has
processed this application as an over-concentrated tract as categorized
by ABC. 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. The Planning Commission,
in the past, has made such a finding and approved Conditional Use
Permits for the sale of beer and wine for restaurants in
over-concentrated areas. A census tract information matrix is attached
(Attachment No. 8).

Building Analysis:

The restaurant building is approximately 7,460 square feet. The

Chipotle Mexican Restaurant occupies approximately 2,000 square
feet, in addition to an approximate 450 square foot outdoor dining area.
(See Attachment No. 3).

Parking Analysis:

Pursuant to the previous site approval in 2006, the parking was

calculated separately for each proposed use on the two (2) parcels.
The proposed project provides 227 parking spaces for the joint use of
the hotel and the future restaurant pad, which is six (6) spaces less

Master Case No. 14-002

Conditional Use Permit No. 14-039
Page 2 of 5

February 17, 2015

than the requirements of the Zoning and Development Code or a

deficiency of less than ten (10) percent. The parking is based on
separate calculations for the restaurant, hotel, employees, and
conference area within the hotel. It was anticipated, however that a
significant percentage of the people using the conference area will be
guests of the hotel. It is also anticipated that some guests will patronize
the restaurant, decreasing the number of parking spaces needed.
Furthermore, the average night-to-night vacancy rate for a Hilton
Garden Inn Hotel is approximately 25 percent, which would account for
a total of 29 unused parking spaces during non-peak periods. There is
a shared parking agreement between the two sites on file. Based on
the above consideration of joint use, staff supported a less than ten (10)
percent relaxation of the parking required for each use as calculated
separately during the original entitlement approval.
III. ANALYSIS:
The applicant, Ms. Valerie Sacks of Liquor License Specialists, on behalf of Chipotle Mexican
Restaurant, is requesting that the Planning Commission review and approve CUP No. 14-039.
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. The property is
located at 10515 Sierra Avenue. The proposed project meets or exceeds the requirements and
standards of the Fontana City Code (FCC).
The applicant is proposing to operate from 11:00 a.m. and 10:00 p.m., seven days a week.
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, park, religious
institution, hospital, youth facility, and other similar uses deemed sensitive. Staff has found no
such activities within 600 feet of the proposed restaurant.
In addition to the FCCs requirements and standards, 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. Staff has found that the following similar
establishments exist (the distance is from building to building):
1.
2.
3.
4.
5.
6.

Business Name
Hilton Garden Inn
Brandons Diner
Shakey's Pizza Parlor
Los Monitos
Shrimp House
Corky's Kitchen & Bakery

Address
10543 Sierra Ave.
17132 Slover Ave.
16940 Slover Ave., Suite 2B
17122 Slover Ave., Suite K-101
10664 Sierra Ave.
10926 Sierra Ave.

Distance
140 ft.
253 ft.
281 ft.
521 ft.
831 ft.
2712 ft.

Tact
26.01
26.01
26.01
26.01
26.01
26.01

License
On
On
On
On
On
On

Type
47
47
41
41
41
41

The Police Department, at the request of the Planning Division, stated they have no objections to
issuing the CUP for this establishment, provided the applicant complies with the conditions of
approval enacted by the Planning Commission and ABC, and provided the Planning Commission
makes the appropriate finding for Public Convenience or Necessity.

Master Case No. 14-002

Conditional Use Permit No. 14-039
Page 3 of 5

February 17, 2015

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. The finding of Public
Convenience or Necessity can further be met, 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 proposed restaurant will provide an additional eating place for the residents south of the
Interstate-10 Freeway. It will also provide an additional eating place for employees that work in
the area (for example, the Social Security Office building, the Kaiser Call Center, that is currently
located within the old IKEA building, Target, and other established businesses in this area). There
are a limited number of restaurants south of the Interstate-10 Freeway.
The Hilton Garden Inn is located on the southeast corner of Slover Avenue and Sierra Avenue,
adjacent to this parcel. Some patrons of hotels have limited transportation opportunities, and the
approval of this application will allow these patrons an additional convenient place to enjoy an
alcoholic beverage with their meal.
Chipotle Mexican Restaurant is considered a fast casual restaurant that provides high quality
food and service, in a more relaxed atmosphere. 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, the granting of this CUP supports the City Councils goal To Promote Economic
Development and being open for business, which includes the following objectives: business
expansion and business friendly City operations.
Considering these facts the Planning
Commission may make a finding of Public Convenience or Necessity.
Environmental
This project as proposed qualifies for a Categorical Exemption from further environmental review
pursuant to Section No. 15301, (Class No. 1, Existing Facility) of the California Environmental
Quality Act (CEQA). A Notice of Exemption has been prepared for the Planning Commissions
consideration (See Attachment No. 7).
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of
Approval, staff recommends that the Planning Commission:
1. Determine that the project is Categorically Exempt pursuant to Section No. 15301, (Class No.
1, Existing Facility) of the CEQA Guidelines, and direct staff to file a Notice of Exemption; and,
2. Approve Conditional Use Permit No. 14-039 subject to the attached findings and conditions of
approval.

Project Planner: ___________________

Dawn Rowe
Master Case No. 14-002
Conditional Use Permit No. 14-039
Page 4 of 5

Reviewed by: ____________________________

Zaiton AbuBakar
February 17, 2015

Assistant Planner

Planning Manager

Approved by: ___________________

James R. Troyer, AICP
Director of Community Development
Attachments:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

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. 26.01
Notice of Public Hearing

Master Case No. 14-002

Conditional Use Permit No. 14-039
Page 5 of 5

February 17, 2015