The URL can be used to link to this page

Home My WebLink About32-Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays, Director Subject: Determination of Public Convenience or Necessity for Type 21 liquor license for Notrica's 32nd Street Market located at 2028 E. Highland Avenue. Dept: Planning & Building Services Date: July 1, 1997 MCC Date: July 21, 1997 Synopsis of Previous Council Action: N/A f ORIGlNf1l Recommended Motion: That the Mayor and Common Council grant the request for a determination that the public convenience or necessity is served and direct Planning and Building Services to prepare a letter stating this to the Department of Alcoholic Beverage Control for a Type 21 liquor license for Notrica's 32nd Street ..."'" ,"""" "2028 E. lIigIilimd A~oo. ~{ W. hael E. ys Contact person: Michael E. ~s Supporting data attached: Staff Rca?Ort Phone: 384-5357 fv'-/ Ward(s):X '1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acet. No.) N/A (Acet. Description) Finance: Council Notes: ...- 110m No ~~I !r1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL REQUIRED DETERMINATION OF PUBLIC CONVENIENCE/NECESSITY; TYPE 21 OFF-SALE GENERAL LICENSE FOR THE NOTRICA'S 32ND ST. MARKET LOCATED AT 2028 EAST HIGHLAND AVENUE MAYOR AND COMMON COUNCIL MEETING JULY 21, 1997 PROPERTY OWNER: APPLICANT: James Seley Seley Enterprises 1515 South Hope Street South Pasadena, CA 91030 (818) 799-1196 David B. Israelsky Summit Team, Inc. 18120 Brookhurst Street, Suite 14 Fountain Valley, CA 92708 (714) 964-4450 REQUEST AND WCATION The applicant is requesting approval from the California Department of Alcoholic Beverage Control (ABC) of a Type 21 General License for Notrica's 32nd St. Market which is proposed to occupy an anchor tenant space in an existing commercial center (formerly Von's Market). This license allows the sale of beer, wine and spirits for off-site consumption. Alcohol was previously offered for off-site consumption by the Von's Market and the new tenants wish to establish a grocery store and reinstate the sale of alcohol at this location. The subject site is located on the northwest corner of Highland and Sterling Avenues in the CG- I, Commercial General1and use designation. The grocery store and anci11ary alcohol uses are permitted in the CG-l designation. (See Exhibit 3, Site Location Map) BACKGROUND AND DISCUSSION The commercial retail space was occupied by Von's Market from 1964 unti11994 and has been vacant since Von's closed. Von's had a Type 21 license which was transferred away from the site on August 15, 1995. PCN No. 97-23 Mayor and Common Council Meeting July 21, 1997 Page 2 Because the off sale ABC licenses for the area have been exceeded (6 allowed, 7 existing and I pending), ABC requires that a determination of public convenience or necessity be made by the City. POLICE RECOMMENDATION The Police Department has reviewed this request and acknowledges that the site is located in an area of "undue concentration". However, their recommendation is that the request be approved because the alcohol use will be ancillary to a large grocery/supermarket. A copy of the June 10, 1997 Memorandum from the Police Department is attached (see Exhibit 2). DETERMINATION The request has been reviewed and the consensus of Police Department staff is that the on-site sale of beer, wine and spirits at Notrica's 32nd St. Market, located at 2028 East Highland Avenue will not have a negative impact on the surrounding community due to the nature of the large grocery/supermarket use, from which the alcohol would be sold. Planning staff concurs with the findings for public convenience or necessity, contained in the applicants' letter (Exhibit 1). ENVIRONMENTAL DETERMINATION Due to the fact that this request is not considered a project under CEQA, no determination is necessary. PCN No. 97-23 Mayor and Common Council Meeting July 21, 1997 Page 3 RECOMMENDATION Staff recommends that the Mayor and Common Council approve the request for a determination that the public convenience and necessity is served based on Police Department comments and direct the Department of Planning and Building Services to prepare a letter to the Department of Alcoholic Beverage Control stating the reasons for the approval. Prepared by: Deborah Woldruff, Associate Planner for Michael E. Hays, Director Planning and Building Services EXHIBITS 1 - Applicants' Letter (May 19, 1997) and Project Information 2 - Police Department Memorandum (June 10, 1997) 3 - Site Location Map SUMMIT TEAM, INC. JLJL'17CJ23 EXlDBIT "1" SHOPPING CENTER MANAGEMENT AND LEASING "Taken to the Next Leve'" May 19, 1997 Mike Finn, Sr. Planner City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 RE: APPLICATION FOR PUBLIC CONVENIENCE AND NECESSITY Dear Mr. Finn: Enclosed please find a check for $126, Application fee for the "Letter of Public Necessity and Convenience" for Notrica's 32nd St. Market at 2028 Highland Avenue, San Bernardino. ' The market is the former Yon's Market. Since Yon's closed its' doors, the San Bernardino Plaza has fallen on difficult times. We have incurred numerous vacancies and the traffic in the center has been dwindling downward. Nortrica's 32nd St. Market is a dynamic Los Angeles based supermarket. With Notrica's Market in place the center will certainly be rejuvenated. "Notrica's" requires an off-sale beer, wine, and liquor license. The A.B.C. states that they anticipate no problem in transferring the license. They will require a "Public Convenience and Necessity" declaration by the city of San Bernardino. The A.B.C. findings are that there are 6 liquor licenses allowed in the census tract, but currently have seven with one pending. We request the city to issue the "Public Convenience and Necessity" as soon as possible so that the shopping center and neighborhood can benefit from the presence of the dynamic 32nd St. Market. Cordially, ~~ David B. Israelsky 18120 Brookhurst Street. Suite 14' Fountain Valley. CA 92708' (714) 964-4450' Fax (714) 965-6428 401-).~3 ,flee:.,/~: '17 dJl trc/S r,,;;,ei:W1 /J, f" ~ ~,...o S-~~7 1'_ . , . . CITY OF SAN BERNARDINO Department of Planning and Building Services Alcoholic Beverasre Sales Annlication Directio"" to ADDIiCUlt: This form must accompany your City application (Conditiooal Use Permit or Development Permit) for the sales of Alcoholic Beverages. Fill in your name and the pnmises address (location) for whidl )'OIl are mA1ri1llf application to sell alcohol. Take this form to: Department 01 Alcoholic Beverage Control Riverside District Office 4505 Allstate Drive, Suite 102 Riverside, CA 92S01 The ABC will COOIpIete the remainder of the form. This form must accom)lllllJ your City application. Note to ABC R_ .. .tative: The JIUI'POSll 01 this fonn ill to lIIIist the City 01 San Bernardino PolIce Department in their investiption by providiDa lIlIIIle p.....lml...."Y information and the l'IAnn;.. Division in determining wbetber the applicant will need a FindiDa 01 Public eonv...;........ or NecelSity (PCN) ftom the City Cound1. Your ....;.......... in COOIpleting this form is appreciated. (This Section to be completed by the Applicant) APPUCANT(S) NAME Joe Notrica PREMISES ADDRESS 2028 E. Highland Avenue San Bernardino. CA (This Section to be Completed by the reviewing ABC Representative) Type of License (circle one) T,ype 2@1.40.59.42 & 48 or other Type Census Tract: 0074.03 Number of Licenses Allowed 6 Number of Existing Licenses 7 Based on the above, the premises is I is not (circle one) in an area which has an overconcentration of alcoholic beverage licenses of the type soughtA-:s. oF U2.;lo~Cf"1 ./I: cj,,? 6I</S7?/\../Q "D~sE.sc9~c.---r-7'*?/ ~9C 2ML- P /I.I~.L/ceE~.st35 ;g.f?/~ /.5Sw-b-.b t:J~~~ ,4~:5C::.3 ~^;dCUN;. , Signature of Date 6~-?7 CITY OF SAN BERNARDINO Department of Planning and Building Services Applicant Proposed Findings of Public Convenience or Necessity Please consider the following as justification of Public Convenience or Necessity for the approval of our application for an Off-Sale General Alcoholic Beverage License at 2028 E, Highland Avenue, San Bernardino. Notrica's 32nd street market was founded by Joe Notrica in 1953. The company now operates five supermarkets, two variety stores and a wholesale produce warehouse. The foundation of Notrica's success is based on their philosophy providing modern supermarkets with a focus on the specific needs of the community. Our store will be a large supermarket with over 21 ,000 square feet of retail floor space and will include all of the amenities to make one stop shopping a pleasure. Our prices will be very competitive, benefiting the community by offering an alternative, not only to other supermarkets, but to high priced convenience stores. The store will include Notrica's signature produce department, in-store bakery, a fresh meat and seafood department, service delicatessen, as well as a full lines of groceries and non-foods. Not only does Notrica's 32nd Street Market offer all of the amenities found in a large supermarket, Notrica's customizes each store to the surrounding community. Therefore, Notrica's carries a comprehensive line of ethnic products as well as specialty items that are hard to find elsewhere. Notrica's strives to be the true neighborhood grocery store. Notrica's is the cornerstone to the revitalization of the San Bernardino Plaza, which is fast becoming a the key marketplace for this part of the city. As part of the continued remolding of the center an additional $560,000 is being invested to upgrade the buildings facade and landscaping, and restripe the parking lot. In addition, Notrica's 32nd Street Market will be the only full service supermarket within a half mile radius of the property. Notrica's prides itself on its tradition of being a responsible retailer of alcoholic beverages. We train our personnel to deter shoplifters, to protect our customers and the store and to prevent the sales to minors and obviously intoxicated persons. To that end our employees receive extensive training in state laws, rules, and regulations regarding the proper sale of alcoholic beverages so that our store will not create any kind of law enforcement problem. Moreover, the premises was previously licensed with the same type of license and to our knowledge did not have any problems with law enforcement or the neighborhood. In summary, Notrica's will serve public convenience by 1) offering a full service supermarket in area which does not currently have one, 2) carrying a diversified product mix to meet the needs of the community, 3) anchoring the redevelopment of San Bernardino Plaza, 4) providing a safe place to shop, 5) being a responsible retailer of alcoholic beverages. '~..I.c.:". '*"-~_..----" ,- EXlDBIT "2" City of San Bernardino San Bernardino Police Department Interoffice Memorandum " i To: LT. GILE From: CSR II M. SOTO Subject: PUBLIC CONVENIENCE AND NECESSITY (PCN) Date: JUNE 10, 1997 Copies: We received a notice (PCN) application recommendation. of the listed Public Convenience and Necessity and request your input prior to our 'Please return later than by this date, any input. this form to the Vice Detail with your comments no June 16. 1997 If we do not receive a response it will be considered that you do not wish to have Address: 2028 E. Hiahland Ave. Von's Market Applicant: David B. Israelskv Type of license: Public Necessitv and Convenience (PCN) Your Comments: ~~ By: r1LflLL! tv I ' THE SBPO IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING ".'-'",:,"~.."~.~...,,,,.,_..-., _.--..-:....... '-' .." &4...:,.' ...,......,-~.;...":.....-.., ,,~ "--'--~~-- . ~ rD) rn~ rno\Ylrnrm In} JUN 2 3 1997 ~LIC CONVENIENCB AND NECBSSITY (PCN) CITY OF SAN BERNARDINO DEPARTMENT OF E'LAINNING & BUILDING SERVICES LOCATION: 2028 E. Highland Ave. POLICE CONCERNS PCN No. 97-23 Reporting District SC 636 (Stats for 1996) Part I Crimes 146 Persons 32 Property 114 Part II Arrests 66 Alcohol related arrests 4 Calls for service 962 Census Tract 74.03 'Existing On Sale Allowed On Sale GENERAL VICIN:ITY: Distance To Nearest: Existing Off Sale-Z- Allowed Off Sale~ Pending Off Sale 1 Distance School Aauinas Hiah School 3/10 mi. 2772 N. Sterlina Ave. Church St. Francis Eoiscooal 4/10 mi. 2855 Sterlina Ave. Park Civitan Balloark 4 /10 mi. Sterlina/Lvnwood Ave. ABC On Sale License Premises Tartan 8/10 mi. 1602 E. Hiahland Ave. ABC Off Sale Licensed Premises Rockv Liauor Market 200' 2007 E. Hiahland Ave. .-..."...........". '""""'-~~.- , PCN 97-23 Page two ; I Distance of parking lot to residence: 6529 Elm Ct. 200' Area Commander Comments: Area Commander Lt. Gile has no obiections. (Refer to attached Memorandum.) Police Department Recommendations: The San Bernardino Police Department has no obiection of the issuance of the PCN. A protest for undue concentration will not be automatic when exemplary of this criteria would be a larqe qrocerv/supermarket. EXlDBIT "3" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE AGENDA ITEM # LOCATION HEARING DATE :Fi, 'I " : '~', ~'" .\ t~ . L: .. .. ,. " , ' 5,..0 . I c gC6- ~, I. , ~tf' 1 ==.~.~-~ PLAN-L11 PAGE 1 OF 1 (4-10)