HomeMy WebLinkAbout30-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 a Type 20 Liquor License for
Carniceria EI Rodeo Meat Market located at 1208
West 5'h Street.
Date:
February 5, 2003
MCC Date: February 18,2003
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council determine that the public convenience or necessity would be served by the
issuance of the license and direct the Development Services Department to send a letter to the Department of
Alcoholic Beverage Control for a Type 20 (off-sale beer and wine) liquor license for Carniceria EI Rodeo Meat
Market located at 1208 West 5'h Street.
VwMu(/.~ .jw JF
James G. F<.1nk
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 1
FUNDING REQUIREMENTS: Amount: N/ A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 3D
c)./lfj03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
SUBJECT: Determination of Public Convenience or Necessity for a Type 20, Liquor License
for Carniceria EI Rodeo Meat Market located at 1208 West 5th Street.
Mayor and Common Council Meeting of February 5, 2003
OWNER/ APPLICANT
Martin & Maria Pulido
10961 Stonehenge Place
Riverside, CA 92503
(909) 354-8961
REQVEST
The applicant is requesting a determination of public convenience or necessity to establish a
Type 20 liquor license (off-sale beer & wine) for Carniceria EI Rodeo Meat Market locatcd at
120X West 5'h Street in the CG-4-SP, Commercial General, Specific Plan land use district.
BACKGROUND
The neighborhood grocery store is located in an existing commercial strip center consisting of
approximately 79,000 square feet and Carniceria EI Rodeo Meat Market occupies a 9,000 square
foot building. Carniceria EI Rodeo Meat Market is a neighborhood store that sells fresh produce,
vegetables, fIsh, meat and other grocery goods with food preparation on the site. The Type 20
ABC license restricts the sales of alcohol to beer and wine only within a maximum of 75 square
feet for display or sales of alcohol. This accounts only 1.13% of the total floor area. The hours
of operation are from 7:00 am to 9:00 pm, seven days per week.
The previous storeowner had been operating at this site since 1981 with off:site alcohol sales.
Unfortunately, the previous ABC license was revoked. Mr. Pulido purchased the business in
2001 and changed to the name to Carniceria EI Rodeo Meat Market. Mr. Pulido has maintained a
clean operation and no evidence of public nuisances has occurred since the new storeowner has
been in business.
Based on Census Tract 0048, three liquor licenses are allowed in this area. Currently, there are 6
existing licenses in this Tract. As a result, the state Department of Alcoholic Beverage Control
(ABC) notified the applicant of the. over concentration in that Census Tract, and that a
determination of Public Convenience or Necessity from the City is required.
At its meeting on February 4, 2003, the Planning Commission approved Conditional Use Permit
No. 02-31 and recommended that the Mayor and Common Council make a determination of
public convenience or necessity for a Type 20 ABC license for Camiceria El Rodeo Meat
Market. Commissioners Dutr, Morris, Thrasher and Vasquez voted in favor of the motion and
Commissioner COllte voted against the motion. Commissioners Enciso, Lockett, Sauerbrun and
Welch were absent.
The Police Department indicated no opposition to the ABC application and recommended
approval provided that the applicant comply with the Police Department conditions included in
the Planning Commission Staff Report.
FINANCIAL IMPACT
None. The applicant submitted an application and the applicable processing fee.
RECOMMENDA nON
Staff recommends that the Mayor and Common Council determine that the public convenience
or necessity is served and direct the Planning Division to prepare a letter for the Department of
Alcoholic Beverage Control for a Type 20 liquor license for Carniceria El Rodeo Meat Market
located at 1208 West S'h Street.
ATTACHMENTS
A- Location Map
B- Planning Commission Staff Report
C - Site Photos
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 02-31
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 2/4103
u
NORTH
f'~
1\..
~
i I
! I
~OOO-~
, -
'I
l ~
."
I
IH
\
u. J r
SUMMARY
CITY OF SAN BERl"ARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit NO.02-31
1
February 4, 2003
I
OW:\'ER
l\lartin Pulido!Carnieeria [I Rodeo Meat Market
1208 W. 5th Street
San Bernardino. CA 92408
909-885-0571
APPLICANT:
Hernandez. Kroone & Associates
234 Drake Street
San Bernardino. CA 92408
(909) 884-3222
REQUEST/LOCA TION:
A request for approval of a Conditional Use Permit to establish an Alcoholic Beverage Control
(ABC) Type 20 license (off-sale beer & wine) at an existing Carniceria EI Rodeo Meat Market
located at 1208 West 5th Street in the CG-4-SP. Commercial General, Specific Plan land use
district.
CONSTRAINTS/OVERLAYS:
None
E:'\VIRONMENTAL FINDINGS:
o Not Applicable
o Exempt from CEQA, Section 15301 - Existing Facilities
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
o Approval
o Conditions
o Denial
o Continuance to:
Conditional Use Permit No. 02-31
Meetillg Date:2/4/03
Page 2
REOUEST AND LOCATION
^ request for approval of a Conditional Use Permit under the authority of Development Code
Section 19.06.030 (2)(P), to establish an ABC Type 20 license (off-sale beer & wine) at an
existing Carniceria EI Rodeo Meat Market located at 1208 West 5th Street in the CG-4-SP,
Commercial General. Specific Plan land use district.
The project site is located in an existing commercial strip center consisting of approximately
79,000 square feet and Carniceria EI Rodeo Meat Market occupies an approximately 9,000
square foot building. Carniceria EI Rodeo Meat Market is an existing neighborhood grocery
store. Their primary business includes selling fresh daily produce, vegetables, fish, meat and
other grocery goods with food preparation on the site. Per Development Code Section 19.06.030
(P) (1), Carniceria EI Rodeo Meat Market allows a maximum 01'75 square feet of the sales area
for display or sales of alcohol (Attachment B-2). The Type 20 ABC license restricts the sales of
alcohol to beer & wine only. The hours of operation are from 7:00 am to 9:00 pm. Carniceria El
Rodeo Meat Market has been providing grocery goods for this neighborhood since 200 I and has
5 employees. No building modifications are proposed as a part of this project.
SETTING/SITE CHARACTERISTICS
The 1.8-acre site is rectangular in shape. Surrounding the property to the north adjacent to the
site is an existing residential development in the RS, Residential Suburban district. To the east,
south and west adjacent to the site are commercial lots in the CG-4-SP, Commercial General,
Specific Plan land use district.
CALIFORNIA ENVIRONMENTAL OUALITY ACT ICEOA)
The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act in that the project was found to be
exempt from CEQA per 915301 for an existing facility. CEQA allows for the exemption of
projects in existing facilities where no major changes arc proposed.
BACKGROUND
The mini-mart store has been operating at this site since 1981 with off-site alcohol sales.
Unfortunately, the previous ABC license was revoked and the site does not meet the locational
criteria for an off-sale ABC license.
Mr. Pulido purchased the business in 2001 and changed the name to Carniceria El Rodeo Meat
Market. Mr. Pulido feels that a Type 20 ABC license will attract more customers and increase
his business by expanding the services to residences and visitors in the area. He is agreeable to
the Development Code provisions for a neighborhood grocery store that limits store hours of
alcohol sales, display of alcohol sales area as well as restricting the types of alcoholic beverages
and the size and quantity of containers that may be purchased.
Conditional Use Permit No. 02-31
Meeting Date:2/4/03
Page 3
Thc Development Review Committee first heard this project on January 23, 2002 and at that
time the project was moved to Planning Commission for consideration.
FINDINGS AND ANALYSIS
1. Is the proposed use conditionallv permitted within the subject land use district,
would it impair the integrity and character of the subject land use district. and
does it comply with all of the applicable provisions of this Development Code?
Yes, pursuant to Development Code Section 19.06.030 (2)(P), neighborhood grocery
stores are permitted in the CG-4-SP, Commercial General, Specific Plan land use district,
subject to the approval of a Conditional Use Permit. The proposed project complies with
all applicable provisions of the Development Code as shown below in Table "A".
T ABLE "A" - DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
,
CATEGORY I PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Pcnnitted Use Neighborhood Grocery Permitted subject to N/A
I
i Store Conditional Use Penn it
i Store Hours 7:00 am to 9:00 pm 7:00 am to 9:00 pm N/A
,
Alcohol Sales ABC Off-sales Beer & ABC Off-sales Beer & N/A
Wine Only Wine Only
Alcohol Display Area 75 square feet 75 square feet N/A
Parking 5 I spaces 45 spaces N/A
- Standard 49 43
- Handicap 2 2
?
The proposed use is cOllsistent with the General Plan.
Yes, the proposed use is consistent with General Plan Policy 1.6.2. that states: "control
the location and number of alcohol sales, adult bookstores and business, game arcades
and other community-sensitive uses, based on proximity to residences, schools, religious
facilitIes, and parks in accordance with legislative and legal requirements."
Conditional Use Permit No. 02-3/
Meetillg Date:2141IJ3
Page 4
The project site is a neighborhood grocery store with restriction on store hours for
alcohol sales and display of alcohol sales area as well as limitation on size and
quantity of containers that may be purchased.
3. The approval o/the Conditional Use Permitfor the proposed use is in compliance
with the requiremellls of"the California Environmental Quality Act.
Yes, the approval of the Conditional Use Permit for the proposed use is in compliance
with the requirements of the California Environmental Quality Act, in that the project
was found to be exempt from CEQA, Section 1530 I, Existing Facility. CEQA allows for
the exemption of projects in existing facilities where no major changes are proposed.
4. There will be no potential significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and monitored.
No, this project is exempt from CEQA per Section 15301.
5. The location, size, design, and operating characteristics of the proposed use are
compatible with the existing andfillure land uses within the general area in which
the proposed use is to be located and will not create significant noise, traffic or
other conditions or situations that may be objectionable or detrimental to other
permilled uses in the vicinity or adverse to the public interest, health, safety,
convenience, or welfare of the City.
Yes, the proposed neighborhood grocery store is located in an existing multi-tenant
commercial strip center. The proposal will operate in a manner consistent with
Development Code Section 19.06.030(2)(P). Although the proposed ABC license will
increase the total number of the existing licenses that are already in this Tract, it is
anticipated that the issuance of an ABC license will not create any conditions that are
detrimental to public health. This is because the proposed project complies with all
applicable provisions of the Development Code.
Furthermore, the Police Department has reviewed and investigated this request. In
accordance with the Police Department, the applicant has maintained a clean operation
and no evidence of public nuisances has occurred since the new storeowner has been in
business. Based on this, the Police Department indicated no opposition and
recommended approval of CUP No. 02-31 and compliance with the Police Department's
listed conditions in Attachment D.
Additionally, the proposed ABC license is located in Census Tract 0048. In accordance
with the Department of Alcoholic Beverage Control (ABC), only three liquor licenses are
allowed in Tract 0048. Presently, there are six existing off-sale liquor licenses in this
Tract. If approved, this would be the 7th license. The site is in an over-concentrated
Tract and a determination of Public Convenience or Necessity from the Mayor and
Common Council will be required.
COllditional C',',e Permit No. 02-31
Meelil/R Date:2/4/0J
Page 5
6. Thl! suhjl!cl sill! is pln'sica//l' suilah/I! for Ihe 1)1'1.' alld dellsilvlilllellsily oluse heing
proposed.
Yes. the proposed project is located in an existing neighborhood groeery store. There are
no physical characteristics or constraints applicable to the site that would prevent the
proposed use on the site. In accordance with business license records and building
permits. the grocery store was first occupied in 1981.
"
There are w/I!quare provisiolls.for puh/ic access, IVa/er, sallila/ioll, and public
ulililies alld services 10 Cllsure Iha/ Ihe proposed use IVould lIot be delrilllenlallo
puhlic healrh and safcl)'.
Yes. public access. water, sanitation and other public services were established with
development of the existing grocery store. This proposal docs not affect these services.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit.
RECOMMENDA no"l
Staff recommends that the Planning Commission approve Conditional Use Permit No. 02-31
based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of
Approval (Attachment C) and Standard requirements (Attachment D).
Respectfully Submitted,
'j 11---. In
:J~'-l \\t.~ \ .Ll ,\,K,.. .
James G. Funk
Director of Development Services
----..~ .
/_.. _,---r- -"-",,..
/ --,
Aron Liang
Associate Planner
Attachment A
Attachment B-1
Attachment B-2
Attachment C
Attachment D
Attachment E
Location Map
Site Plan
Floor Plan
Conditions of Approval
Police Department Memorandum and Conditions
Site Photos
ATTACHMENT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: CUP 02-31
1J
HEARING DATE: 2/4/03
NORTH
~ORO-~
II ..,
i
be .~
"
'"
~
\
r1
I ..
u. I r
C9J
ftrf' ~ ,
i'j 1
=
@ w ,
~ co u
g
~\'\~~~\B-\
-
M
I
N
o
c....
~
U
3..W lJNd'<l~
1,,1 ~ ; ~I :] ~r ~;
:==-~~~~~~~~;;--f~~--t,--~:::--: :~~-::;~:~=~,:~~~~i:'~~'jJ-=-~~:;'---I:~~~~;t:~
., \ I I I I I I I I I I l I I ,v "
I J J: \, : I I I I I 1r.'l\1 I I I I I I l I '\ \
~--6-, '$' ,lfll I I , I I 11.6'1 I' I I I I I I I C:Cl I I t I
~__~_~ ~ ___) I I . I : I ~_: I I I ~14~ ~nn_~
I I' I
, I .,.. I I' I
r----1 I I d.u,6 ..,~'''''
, I -): LII L
'"----j ,<;l............... ~ , 1'f.rJ l
, ~--~~0-,,=--r-'-, - _, ,
___...lnnnnn_n_n__________n_Ti big. ~i~~~1 : : : ~: ( :
I 2~ '<t t'\:~~~ IG)t l r-.----.. I_n_~
~: ~g NI t::~~~: : : :: (; \~I~__~~: :
n.........---1..h...""-.","-l >0= I I ~ I I
: ~ : rrnnJ . ---nn: I
~ ' _I I ~_____~ u::
'I: ~ i rr-n--~ --@-j::
. : : ~__n_ U -nnt-I I
g, " j ~'
;:,j: : ~----:- I _11~-j~H :
-I I we I~ II I
, , !_____ \lfll r) I' I
I 11< ~--1I' I
, .. l'
/: :i ----- ~ ---en: :
( I lJ:n----- 0: I
w , , f ~----"
'" I I _____ u'
~ : : ''"~~o 1-;',-,1 :
~ r I ----.., \...1<./-'11 I
~ : : : 'i)-ci B ~ :
z OO."L 1 \-I<.D-~ :~~~~~ ~oJ: i
~ I I '~I I
~?:~i -:~:l' !
~e -----ri:
I I n- q I
~nnn---~c7l<;~4~----. -=--_-~j..~
: I 'al I I ~____, (lfll (; I I
I '10'1 I I I (I ~--l "
I I I I I I I //
I '-....__~ I
I -----1 I
:, ~ ~ G "_ --G-l:,
B; <II ...J 1< ! ~ IV ~
I VJ~ ~..,~ J:~ <II ---nn I
g~"-3~i~~~8~ l'
' ~ " ~ ~ 0 g 0 ffi , ::m u ;,
o €l~:-_... c, I j " ~
~--.., I
(!._~ I J
" ,
1< ---+, 1
): 'r-::
-,: Icr
~---t, I
/~---{----p-~
/llfllIHJ(;11 ,
(::-----1 :
~. -----TI:
~ @ U I
3 :::::1:
'"
o
z
"
"
<
z
5
rn
"
~
w
o
<
3
"
r------------------1
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
r------------------~
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
~_~--~-__~--r_~--~-~
I I , I I I I I I
I I I I I I I I I
I I , I I J I I I
I I I I I , I I I
, , ,
---..,
("9 (~I
~--1
-----n
::~:l
-----n
~__.l
;lfll (;:
~--,
,
,
,
,
,
,
,
,
,
~
,.,(j)
I
I \
1..;--
,
'f,or
i
i
,
!
,,9-,; 1
~
,
i
!
w
~
"
^
!
~ I !
I ! .
o 0 t' Ii: ~
~ Iii g H
~ ",,1' I '
'~liWh!!
V1, ~ (:i i 'i 'i i i i' i
,
,--,---
I i
11~ ~
111 !~Ii
! i I Sill!'
"I ;!I~' '-
ILlp,a!;il
"!O$ h__,
'i ~ ~ I ~ ~
o
z
l
!
!
i
II, !
II ~ !,
c ...:.~ ~ 'i ~ ~.
; 0;, I ~!'
"if'IL'!
:;IH'~lli
; I I i I ~ i
~lll: ~l'l
! !,! nl
w
~
w'
i
~
~
o ~
, 0
N
'0
,
,
;
I,
''-IlI;::lil"
_ 1~1'i
, II, ,
n~ ,:,-,
'I'ij",ij
~ ..Ie
!
<!'
(I
. u
00
0-
o _
, 0
:~
.0
~ 0
o 0
0"
0<
~~
"
r. I.,
~ i ;-
t:J !;'.. ~
~d; i
"iill i:l
5 ~ I :(
iilV"f i
8 i "i
,,~
:r
i
1; ::i ~
<( ~T ~
e ~~ ~
.~ I r'
VI ag ~
~ ' I
Ifj)'
i
I
L
1
(I
~:rl
Ie.
. 1
1
,
f
'I
,!
'I
II
u
r~\
-- ~~~I- 11
,
I
i
-"\/- '"
.J
I
i
I
L-.
~
.
$
~
\
nl J.'I~:'~~
.' ! 'H~I
i .
-j
:\:li~\
I~o.l.~,.~r
[0::;';:,
l'''.w'It ." ..
h~!;" \
~,,":€>..'\i'
r~'o.'\."\:':k.)
L_,_~
- ---l
,--
;
Arr~M~TnB-z..
~
~iLi
I ,
I 0
, "
Ii,
,-~\[',
L"::_::::_~I'I
~j ~.,
, ,
.
~ I
~
u:-zz I-B~ I Ndl1
___8
T
~r
r
~
~
"
~
ro
~
z
~
4
r
Ii r
.. t.lo. ;;;.. -~ i
~",.~~,>c~J
~~,
,
I~~~ ... - .-:::: ..- ..
~~~ -- - J~l
---- - 1
-- -- - - ~I
il
,__ "n '~'---l;;:;-;;;;;j uI
-11.._.11""""'01".'" !--..~
--- L/I:;rJDf)l T
r==-=-~;;~~'""--~-=- __
~"~l'.lJO'"
-r ~
I_~~.:~.:~?JO'_O _~~.,~_ -- -= =~
L~_"'"J~'~~-
L-=:';~-<~'~-~--
_.._~~~-~~-~-,~- --
L____~'..~;l~:~-.~~--~--- --\
~-~-~~-~~~--"
,I -
:1
,e
oJ""""","""'"
..,-.
[
~'t'
~~
~
"
I
-"CD
I~
~wl
r
!
,I
I
,
~
i -:, I
p.-J .
I "~ ~
I !
I I
!
!
"
I"
-I:
il,.J
I'
1
II
I ~
~
:!
i
~ -
~
~~
,0
it: -
l
~~
d
~~
!l
~":
.:.;;
iH
: !
.
.
.
~
~
"
.::! J~
~ .1
~ ;,'
= ~-
~ if: -
t
~
~
~
G
~
z
~
4
i
!
,j
ai~
~H
iH
,
.,'
! ~ -I' I
8-:; ;-
\. .. ~. !~
Ill. ~& Ii'
.;ji~!! ~
hi;"' i
~. u, !
~..1 ~4(
:z:
<i 1; II
~ S '
1 ,i I
i~1
~~,
:I
z
.
~
..
'"
o
o
~
~
I!
j
"
.
~
~
~
o
N
,0
o
N
~
N
-
o
TI
-
.
"
~
Jj
u:
w
0:
, '"
M
o
,N
-j~
A TT ACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Pemlit No. 02-31
I. Within two years of this approval. all necessary licenses and penn its must be
obtained and commencement of work shall have occurred or the permit/approval
shall become null and void.
Expiration Date: February 4, 2005
2. 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 hannless 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 of 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 pennit, this condition shall remain in
effect if this Conditional Use Pennit is rescinded or revoked, whether or not at the
request of applicant.
3. Signs are not approved as a part of this permit. Prior to establishing any new
signs, or replacing existing signs, the applicant shall submit an application, and
receive approval, for a sign pennit from the Planning Department.
4. Signs/banners may not be placed on or over the roof or within landscaped areas.
5. This approval shall comply with the requirements of other outside agencies (i.e.,
San Bernardino County Health Department, San Bernardino Department of
Environmental Health Services, and California Board of Equalization), as
applicable.
CUP No. 02-31
02/05/03
Page 2
6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food and/or other products during the same period. The licensee shall at all
times maintain records which reflect separately the gross sale of food and/or other
products and the gross sales of alcoholic beveragcs of the licensed business. these
records shall be kept no Icss frequently than a quarterly basis and shall be made
availablc to the Police Dcpartment on demand.
7. No person under the age of 21 is permitted to scll alcoholic beverages, and all
staff must be trained in Responsible Beverage Service practices.
R. 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.
9. Exterior lighting shall be sufficiently and properly maintained to illuminate all
areas of the exterior of the building 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.
10. All graffiti must be rcmoved 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.
11. If the color of the building is to be modified, the revised color scheme shall be
reviewed and approved by the Planning Division prior to painting.
12. The hours of operation arc limited to 7:00 am to 9:00 pm.
13. A maximum of75 square feet as shown in Attachment B-2 shall be pemlitted as
the sales area for display or sales of alcohol.
This permit or approval is subject to the attached conditions or requircments of the
following City Departments or Divisions:
x
Police Depal1ment
A~~t:::>
City of San Bemardino
San Bemardino Police Department
Interoffice Memorandum
To: ARON LIANG, ASSOCIATE PLANNER
From: CSO I 1M. SOTO
subiect: CONDITIONAL USE PERMIT NO. 02-31
Date: JANUARY 21, 2003
Copies:
PROBLEM:
On 1-7-03, I received a Memorandum from Associate Planner, Aron Liang,
asking for comments regarding 1208 W. 5th St., San Bernardino. The applicants
are applying for a type 20 (off-sale beer/wine) ABC license at an existing
neighborhood grocery store.
RECOMMENDATIONS:
Approval for the Conditional Use Permit is recommended as long as the
applicants are subject to the listed conditions. (Refer to attached conditions.)
FINDINGS:
The business is located at 1208 W. 5th St. The business is an existing market.
The business is located in reporting district S1140. There are 59 Part I crimes
and 167 Part II arrests in this reporting district. The business is located in
Census Tract 48. There are six existing off-sale ABC licenses in this Census
Tract. There are three ABC licenses allowed in this Census Tract.
Area Commander Lt. Mankin was advised of this application and was asked for
his input. Area Sgt. Desrochers responded. He responded stating he would
request that we deny the application due to oversaturation. I brought this to Det.
Rocha's attention. He spoke with Area Sgt. Desrochers and explained that the
mere fact of oversaturation alone would not be enough to justify denial. Det.
Rocha stated that the business is a neighborhood grocery store. Without any
further evidence of public nuisances occurring, Det. Rocha recommended to
Area Sgt. Desrochers that approval with conditions would be satisfactory. Area
Sgt. Desrochers agreed with this recommendation.
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
UM .__.A ~AFE IO~VIIl.~~r:NT_!().Th.'lI.'.R()::r:1l2~ QU!:l.rr: ..<J~~~.E: _.. M" _.~
Page 2
ATTACHMENTS: 1.
2.
Police concerns
Conditions
CONDITIONS
1208 W. 5th St.
1. The licensee shall be responsible for posting of signs prohibiting litter and
loitering with management enforcing this and maintaining the area free of
litter and graffiti.
2. Exterior lighting shall be sufficiently and properly maintained to illuminate
all areas of the exterior of the building and property for easy detection of
suspicious and criminal activity.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz.,
40 oz., or similar size containers is prohibited. No beer or malt beverages
shall be sold in quantities of less than six per sale.
5. Beer, malt beverages, and wine coolers in containers of 16 oz. or less
cannot be sold by single containers, but must be sold in manufacturer pre-
packaged multi-unit quantities.
6. If public telephones are located on the premises, they shall be
programmed for outgoing calls only.
7. 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.
POLICE CONCERNS
Location:
1208 W. 5th St.
Conditional Use Permit
No: 02-31
Reporting District: S1140
(Stats for 2001)
Part I Crimes: 59
Persons: 21 Property: 38
Part II Arrests: 167
Alcohol related arrests: 15
Census Tract: 48
Existing off sale ABC licenses: 6
Allowed off sale ABC licenses: 3
GENERAL VICINITY:
Distance to nearest:
School:
Mt. Vernon Elementary School
1271 W. 10th St.
.8mi.
Church:
Our Lady of Guadalupe Church
1430 W. 5th St.
.3mi.
Park:
La Plaza Park
6th/Mt. Vernon Ave.
.2 mi.
ABC On Sale Premises:
Ruben's Villa
1293 W. 5th St.
.1 mi.
ABC Off Sale Premises:
Santa Fe Liquor
1108 W. 5th St.
.Imi.
Distance of parking lot to residence:
1211 Spruce
Prop/Prop
a
~
'--
..
.' ~ "(
.,
'~~'.'
fI:-
:;.."'.
:,~
,~r
l--i';~
~
!
.~,.
.,..~-
--';"f
o
D
.",-",,'
~~~;J
; .~..~
, ::::
Q)
>
S
--
z
.,
,
l'1
, ~
.~
(/
~
I'
'k
,
-"",!
'j
,
~~
..~
.
,
.1\~~'
.f~' :;.:~.
. ..
" ,';1.
"" ~ ,..i
i; ~'
Me-+:i c..
1
ell
l
rl
o
,
~
\
N
t;)
~
rfJ
\ff
o
~
~
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.ci.san-bernardino.ca.us
February 20, 2003
Martin and Maria Pulido
10961 Stonehenge Place
Riverside, CA 92503
Dear Mr. and Mrs. Pulido:
At their meeting of February 18, 2003, 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 20 (off-sale beer and wine) liquor license for Carniceria
El Rodeo Market located at 1208 W. 5th Street.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
/-) , II .~J (t l <t./Lr,,---",
J'(?olv...lc d - .
Rachel G. Clark, CMC
City Clerk
RGC:ls
cc: Development Services
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty