The URL can be used to link to this page

Home My WebLink About17-Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Development Services Subject: Determination of Public Convenience or Necessity for an Alcoholic Bever Control Type 21 license (off-sale gener for Fiesta Food Warehouse, located at 263 ast 9th Street. ORIGINAL Date: June I, 2004 MCC Date: June 21,2004 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council determinate that the public convenience or necessity is served, and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 license (off-sale general) for Fiesta Food Warehouse, located at 263 East 9th Street. flkw;t:h#J:vr-- James Funk Contact person: Eileen Gomez Phone: 384-5057 Supporting data attached: Staff Report Ward(s): I FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. /7 ?!;JI/OY CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity for an Alcoholic Beverage Type 21 license (off-sale general) for Fiesta Food Warehouse located at 263 East 9"' Street. O~FVAPPLICANT Ben Bequer Fiesta Food Warehouse 1221 South Anaheim Boulevard Anaheim, CA 92805 (714) 533-4750 REQUEST The applicant is requesting a determination of public convenience or necessity for an Alcoholic Beverage Control Type 21 license (off-sale general) for Fiesta Food Warehouse, located at 263 East 9th Street in the CG-I, Commercial General, land use district. Fiesta Food Warehouse is located in an existing commercial center consisting of approximately 236,305 square feet, and Fiesta Food Warehouse occupies a 39,707 square foot building. Like other supermarkets in the City (i.e. Albertsons and Stater Bros.), Fiesta Food Warehouse is a bona fide grocery store that sells a full range of products including fresh produce, vegetables, fish, meat and many other grocery goods. In addition to groceries, they also have a bakery, hot food deli, and tortilleria, and offer many other services such as money orders, wire transfers, and transportation from store to home. A Type 21 license would enhance Fiesta Food Warehouse by expanding their product lines. This expansion would also allow Fiesta Food Warehouse an opportunity to increase their overall sales productivity. The alcoholic beverage display and sales area will account for less than 10% (265 square feet) of the total floor area. The hours of operation are from 6:00 am to 11 :00 pm, seven days per week. Based on Census Tract 0058, three off-sale liquor licenses are allowed in this area. Currently, there are four existing off-sale licenses in this tract. As a result, the State Department of Alcoholic Beverage Control notified the applicant that Census Tract 0058 has an over concentration of liquor licenses, and a determination of Public Convenience or Necessity from the City is required (See Attachment D). The Police Department indicated no opposition to the ABC application and recommended approval provided that the applicant comply with the conditions included in the Planning Staff Report. FINANCIAL IMPACT None. The applicant submitted an application and the applicable processing fee. RECOMMENDATION Staff recommends that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Planning Division to send a letter to the Department of Alcoholic Beverage Control for a Type 21 license for Fiesta Food Warehouse, located at 263 East 9th Street. ATTACHMENTS A) Location Map B) Site & Floor Plans C) Conditions of Approval ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: DPI 04-080 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 6/7/04 1J NORTH - , Al, 9 th. street FIESTA FOOD WAREHOUSE #9 SITE PLAN AND FLOOR PLAN ~\~~~ I\) > <( z <( ~ Il..J ~ S MEXICAN FOOD 3736 S.F. LAUNDRV 2n5 S.F. LIQUOR 365 S.F. o ATTACHMENT C CONDITIONS OF APPROVAL PCN No. 0400001 1. This approval is for an ABC Type 21 license for Fiesta Food Warehouse, located at 263 East 9th Street. The hours of operation are limited to 6:00 a.m. to 11 :00 p.m., seven days per week. 2. Within two years of this approval, all necessary building permits must be obtained and commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of work/construction, the work/construction is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. EXPIRATION DATE: June 7, 2006 3. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 4. The licensee shall be responsible for posting of signs prohibiting litter and loitering. Management shall be responsible for enforcing this provision and maintaining the area free oflitter and graffiti. 5. All graffiti must be removed within 24 hours of its occurrence. The management shall take a photograph of the graffiti and provide to the Police Department before removing the graffiti. 6. Exterior lighting shall be sufficiently and properly maintained to illuminate all areas of the exterior of the building and property. A minimum of I foot candle lighting is required during hours of operation, and Y, foot candle lighting after hours. No spillover of lighting is permitted. 7. No alcoholic beverages shall be consumed on the licensed premises or any property adjacent to the premises. 8. The licensee shall be responsible for posting of signs prohibiting drinking on the premises as presently stated in San Bernardino Municipal Code Chapter 9.32, Section 9.32.020 or in any successor sections. 9. The percentage of physical retail space devoted to the sale of alcohol shall not exceed 10% of the retail space. 10. The sales of beer, malt beverages, or liquor in containers of less than 750 ml., cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi- unit containers/quantities. 11. There shall be no exterior advertising or signage of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 12. The windows shall provide an unobstructed view to the inside ofthe premises at all times. Window signage may not comprise more than 25% of the window area. 13. If, in the opinion of the Chief of Police, a security guard becomes necessary, it shall be the responsibility of the licensee to provide the security at the hours to be listed by the Chief of Police. 14. All pay phones shall be installed in the building and shall be for out calling only, with no incoming calls allowed. IS. Automatic teller machines, if provided, shall be located inside the premises. 16. Video cameras and/or security guards may be required during hours of operation and y, hour after the business closes. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-bernardino.ca.us " June 22,2004 Mr. Ben Bequer Fiesta Food Warehouse 1221 S. Anaheim Blvd. Anaheim, CA 92805 Dear Mr. Bequer: At their meeting of June 21,2004, the Mayor and Common Council made a determination that the public convenience or necessity is served and directed the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 license (off-sale general) for Fiesta Food Warehouse located at 263 E. 9th Street. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, (J2,~ /:). Ct4~"-Je.. "- Rachel G. Clark, CMC City Clerk RGC:ls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty