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PL24-0106 (SPECIAL CONDITIONAL USE PERMIT)
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LOCATION MAP
PROJECT NO.: PL24-0106 (Special Conditional Use Permit)
APPLICANT: My Market
REQUEST: A request to upgrade from an existing Type 20 (off-sale beer & wine) Alcoholic Beverage Control (ABC) license to establish a Type 21 (off-sale general) ABC license for the My Market convenience market located in the CG (Commercial General) zoning district.
LOCATION: 6180 Riverside Drive, Suites A & B (APN: 1015-511-29)
RECOMMENDATION
recommendation
Adopt Planning Commission Resolution No. PC2024-027, approving PL24-0106 (Special Conditional Use Permit), based upon the findings and subject to the departmental conditions of approval.
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SURROUNDING ZONING AND LAND USE:
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Existing Land Use |
General Plan |
Zoning District |
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Project Site - |
Commercial Center |
GC (General Commercial) |
CG (Commercial General) |
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North - |
Country Farm Supply Parking Lot |
GC (General Commercial) |
CG (Commercial General) |
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East - |
Vacant / Produce Crop Cultivation |
OC (Office Commercial) |
CO (Commercial Office) |
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South - |
First United Reformed Church |
RD4.5 (Residential 4.5 du/ac) |
RD4.5 (Residential 4.5 du/ac) |
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West - |
Country Farm Supply |
GC (General Commercial) |
CG (Commercial General) |
BACKGROUND
My Market is an existing convenience market located at 6180 Riverside Drive, Suites A & B, within a multi-tenant shopping center. The market has been in operation since 1991 and sells general merchandise including groceries, snacks, household items, clothing, soft drinks, lottery tickets, and currently has a Type 20 Alcoholic Beverage Control (ABC) license for the sale of beer and wine for off-site consumption. My Market is requesting to upgrade their existing Type 20 ABC license to a Type 21 license (off-sale general) to allow for the sales of distilled spirits in addition to beer and wine, for off-site consumption. The market is currently open between the hours of 7:00 a.m. to 12:00 a.m., seven days a week. The hours of operation are not proposed to change as part of this application.
ISSUES/ANALYSIS
Chino Municipal Code section 20.21.270 requires approval of a Special Conditional Use Permit (SCUP) to allow alcoholic beverage sales for off-premise consumption within the Commercial General (CG) zoning district. Before the Department of Alcoholic Beverage Control can issue the required license, the applicant must first obtain approval of a SCUP from the City.
My Market is located within a 1,980-square-foot tenant space within the center. A total of 182.5 square feet or 9.2% of floor space will be dedicated to the display and storage of all alcohol. Additionally, the applicant estimates the sale of beer, wine, and distilled spirits will account for approximately 10% of the total store sales (including lottery sales). The Zoning Ordinance has several general operation provisions relating to the sale and display of beer, wine, and distilled spirits for off-premise consumption that have been included as conditions of approval for the SCUP (see conditions 4.1.3 to 4.1.8). These conditions address the sale, storage, and advertising of alcohol, and are sufficient to regulate the proposed alcohol sales activity and to ensure proper business practices are put into place and compliance with the regulations of the Department of Alcoholic Beverage Control at all times. In addition, My Market places an emphasis on responsible retailing of all age restricted products. The market is equipped with automated age verification equipment, a video surveillance system will continue to be used, and employees are required to undergo extensive training in maintaining store security which includes security procedures, store maintenance, violence avoidance, and what to do in case of a robbery.
The Chino Police Department reviewed the application and determined that the granting of a SCUP will not cause a significant impact on public safety as conditioned. The Police Department has placed several conditions of approval on the proposed SCUP to ensure adequate security is provided within the market. The Police Department has no concerns with the request.
Over Concentration of Off-Sale Alcohol Uses in Census Tract 6.04
The Business and Professions Code establishes a procedure for determining if the public convenience or necessity would warrant the issuance of an ABC license where an undue concentration of licenses exist within the census tract. A total of three licenses are allowed within Census Tract 6.04 and six exist as of October 2, 2024, including My Market’s existing license. However, since My Market currently has a Type 20 ABC license and is surrendering this license for the Type 21 license, there will be no increase in over concentration and therefore no Public Convenience & Necessity (PCN) findings are required.
Public Noticing
A 10-day notice was mailed to all property owners and occupants within a 300-foot radius of the project site. In addition, a notice was published in the Chino Champion on December 7, 2024, and the City sent information out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.
ENVIRONMENTAL REVIEW
In compliance with the California Environmental Quality Act (CEQA), pursuant to Guideline § 15301 - Existing Facilities, the Project qualifies as being categorically exempt from CEQA as the proposed project is for the sale of alcoholic beverages and does not include an expansion of the existing use as defined in Section 15301 and will have no significant impact on the environment. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 15300.2, apply to this project. As such, the Planning Commission hereby adopts a Categorical Exemption per CEQA Guidelines Section 15301 for this project.