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Home My WebLink About30-Development Services ~- CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION l, '" " 1 . ~ iL Subject: Development Permit Type I No. 02-120 and a Determination of Public Convenience or Necessity for a Type 21 Liquor License for a grocery store located at 570 S. Mt. Vernon Avenue. From: Dept: James G. Funk, Director Development Services Date: July 29,2002 MCC Date: August 5, 2002 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council approve Development Permit Type I No. 02-120 and determine 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 (off-sale general) liquor license for a grocery store located at 570 S. Mt. Vernon Avenue. jI~~!!:t t:rr Contact person: Ben Steckler, Associate Planner Phone: 384-5057 Supporting data attached: Staff Report FUNDING REQUIREMENTS: Amount: N/A Ward(s): 3 Source: (Acct. No.) (Acct. Description) Finance: Council Notes: i/5/0(1- Agenda Item No. ~ .1...-.-< CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Development Permit Type I No. 02-120 and Determination of Public Convenience or Necessity for a Type 21 Liquor License for a grocery store located at 570 S. Mt. Vernon Avenue Mayor and Common Council Meeting of August 5, 2002 OWNER APPLICANT Alamo Group 3236 Stone Valley Rd. W., Suite 230 Alamo, CA 94507 (925) 838-0604 Ben Bequer Fiesta Food Warehouse 1221 S. Anaheim Blvd. Anaheim, CA 92805 (714) 533-4750 REQUEST The applicant is requesting approval of a development permit and a determination of public convenience or necessity to establish a Type 21 liquor license (off-sale general) for a grocery store located at 570 S. Mt. Vernon Avenue in the CG-l, Commercial General, land use designation. BACKGROUND The grocery store is approximately 48,000 square feet in size and sells fresh fruit, vegetables, meat, specialty products (bakery, deli, etc.) and other market products. A limited section of the store approximately 330 square feet will be dedicated permanently for alcoholic beverage sales with an additional 450 square feet in up to ten moveable 'endcaps' and displays at up to 45 square feet each of rotating space throughout the store. The total area to be used within the store is 780 square feet, which accounts for 1.6 % of the total floor area. The grocery store is open 7 days a week, Monday thru Sunday from 6:00 am to 11 :00 pm. The previous use at the site was a Fedco store that was converted into the Fiesta Market and other tenant spaces under DPI-OI-005 in March 2001. Based on Census Tract 0050, two off-site liquor licenses are allowed in this area. Currently, there are 4 (with another pending) existing licenses in Tract 0050. As a result, the state Department of Alcoholic Beverage Control 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. Development Code Section 19.06.2(B)(3) allows for stores 15,000 SF or more an exemption from the requirement for a conditional use permit, provided alcoholic beverages are an ancillary sales commodity. This request was reviewed in accordance with the California Environmental Quality Act and found to be exempt per Section 15301, existing facility. POLICE DEPARTMENT RECOMMENDATION In a letter dated July 16, 2002, the Police Department indicated no opposition to the ABC application and recommended approval provided that the applicant adhere to the conditions of approval (Attachment B). L----" FINANCIAL IMPACT None. The applicant submitted an application and the applicable processing fee. RECOMMENDATION Staff recommends that the Mayor and Common Council approve Development Permit (Type 1) No. 02-120 and 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 21 liquor license for 570 S. Mt. Vernon Avenue. ATTACHMENTS A- Location Map B- Floor Plan C- Conditions of Approval D- Police Department Report & Conditions E - Applicant Letter of Request ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: DPI 02.120 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 8/5/02 u NORTH ~ I ~ ST ~ ~' C.OLlE G t DR. ~l JUN/O. p~E6E i :J \ ] ~ c,C:C' \ .. '\ '\ ~ ~ o o ATTACHMENT "B"- DPI02-120 .1 ~ 1 \ . " I. I I , I 1 11 1 ! II I ~ '-4 GR'X~~Y Fllt:EZEF FLOOR PLAN FIEST A WAREHOUSE NOT SCALE . ill rn ''''4'' ~-,1-; - - ~'- ,J:J;~' ~=E ~ i ATTACHMENT "C" - DPI-02-120 CONDITIONS OF APPROVAL 1. Within two years of development approval, commencement of use shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of use, use is discontinued for a period of one year, then the permit/approval shall become null and void. Phasing of project construction/development shall be as follows: Expiration Date: August 5, 2004 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 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 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 permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 3. The primary business must be a full service grocery store (fresh fruit, vegetables, meat and fish). 4. The hours of operation are limited to 6:00 AM to 11 :00 PM. 5. All signage shall comply with the provisions of Chapter 19.22 (Sign Standards). 6. 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. City of San Bernardino San Bernardino Police Department Interoffice Memorandum ATTACHMENT "D"- DPI02-120 To: ARON LIANG, ASSOCIATE PLANNER From: CSO II M. SOT~//l'..a..' p~ Subject: DEVELOPMENT PERMIT I NO. 02-120, FIESTA FOOD WAREHOUSE, 570 S. MT. VERNON AVE. Date: JULY 16, 2002 Copies: PROBLEM: On 6-25-02, I received a memorandum from Associate Planner, Aron Liang, asking for comments regarding 570 S. Mt. Vernon Ave., San Bernardino. Applicant, Leyda Bequer, applied for a Development Permit I. The applicant is applying for an ABC License type 21, off-sale general. RECOMMENDATIONS: Approval for the Development Permit I is recommended as long as the applicant is subject to the listed conditions. (Refer to attached conditions.) FINDINGS: The business is located at 570 S. Mt. Vernon Ave. The business is a large supermarket. There are 120 employees. The on-site manager is Andrew Bequer. The business is open seven days a week from 6:00 a.m. to 11 :00 p.m. The business is located in reporting district S3050. There are 22 part I crimes and 37 part II arrests in the reporting district. The business is located in Census Tract 50. There are four existing off-sale licenses and one pending off-sale license in this Census Tract. There are two off-sale ABC licenses allowed in this Census Tract. Area Commander, Lt. Emoto was advised about the application and was asked for his input. Lt. Emoto responded by stating he has no problem, however, recommends standard conditions. (Refer to attached conditions.) lliE SBPD IS COMMTITED TO PROVIDING, PROGRESSIVE QUALTIY POUCE SERVICE; A SAFE ENVIRONMENT TO IMPROVE lliE QUALITY OF LIFE; A REDUCTION IN CRIME 1HROUGH PROBLEM RECOGNITlON AND PROBLEM SOLVING Page 2 ATTACHMENTS: 1. 2. Police concerns Conditions POLICE CONCERNS Location: 570 S. Mt. Vernon Ave. Reporting District: S3050 Development Permit I No. 02-120 (Stats for 2001) Part I Crimes: 22 Persons: 1 Property: 21 Part /I Arrests: 37 Alcohol related arrests: 4 Census Tract: 50 Existing of Sale ABC licenses: 4 Allowed off Sale ABC licenses: 2 1 pending GENERAL VICINITY: Distance to nearest: School: Richardson Prep School 455 S. K St. .3mi. Church: Bethel Temple Assembly of God 1087 W. Mill St. .3mi. Park: Lytle Creek Park 380 S. K St. .5 mi. ABC On Sale Premises: La Costa Restaurant 464 S. Mt. Vernon Ave. .Imi. ABC Off Sale Premises: Ernie's Liquor Store 539 S. Mt. Vernon Ave. 45' Distance of parking lot to residence: 1293 W. Mill St. 70' CONDITIONS 570 S. Mt. Vernon Ave. I. 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. If public telephones are located on the premises, they shall be programmed for outgoing calls only. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 5. There shall be signs posted prohibiting the consumption of alcoholic beverages on the premises. 6. 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 that six per sale. , I Sent By: FISTA MEXICANA ANAHEIM; To: FOC At: 1909 ""7~ A r."." A""7rn. j"... I'HL02 9:18AM; Page 1/1 ~~;. i:, ~ . ~) ~': ~ !~:~:. ':' ~ i :r;;.c. l:,=, Fiesta Food Warehouse: opened a new ~~liOn!at 570 Mt. V~ i B by Ben, Leyda, and theu two sons BenJanun aJ'\d Andrew Be~~ i 1 ! :~: fA 1 Fiesta Food Warehouse is a supel'llllll'ket o~g a full fl!l1&e 0'" ,,' cis cries, lIIl extensive ovcrthe counter mcatdcpartment!and produce d ,,'. t 'tude of special items. Besides these main departments jive have a bak ..to. lIeri ., Iood, deli and a variety of services such as money order, 'Mre transfers lIIl'.., . . lJtom store to home. We have specialties in hispanic Imd other ethnic ,: ,cIs. .'. it for Fiesta Food Warehouse to offer this one stop stlopping '~.. q ~" . ....... CONVENIENCE to our customers it is NECESARRY for FiesliFdJd W .J!;!Ie to have on sight sales of liquor. : r ,! i 11 ; To this end we are requesting the approval oft~e convenience aL rU:cssit' . :~t required obtaining our license. : g :' 1 I :. ; * ~; 1 ' w._~.n.~o~.'>m~M.-1tl !I: · ~.: :.;...1..1.....,.: ..~~. ~. r! Ii'! Ii !.~~...; tt ,.: [I ~l~ii I" 111'1 ~::; B~.j ~~. " 1:,:,( ::-,r:::;~; .,. ,r,. ..:.'..'!......."..... :E ,:;' '~: ~itt~:~: I n lilli'....! ~ H! # ..,'.,.. 1.l__"l Yo .7o-..,_~_.. :~~CJta . " - '/}(L'UCaUa ATTACHMENT "E"- DPI02-120 IVIAAKET , ;. 1221 South AnClhelm .!Yd. . "nahelm. C' . (714) 633-4750 'QX (714) 618- lune 20, 2002 Convenience And Necessity j~ :: ~ ~~, ~. f m . ;:') Thank You. Food Warehouse .~ equer ~ ."';, ,':1- "., f,j, ?\' OFFICE OF THE CiTY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "0" Street. San Bernardino' CA 9241 8-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-bernardino.ca.us w August 7, 2002 Mr. Ben Bequer Fiesta Food Warehouse 1221 S. Anaheim Blvd. Anaheim, CA 92805 Dear Mr. Bequer: At their meeting of August 5, 2002, the Mayor and Common Council approved Development Permit Type 1 No. 02-120 and determined 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 (off-sale general) liquor license for a grocery store (Fiesta Food Warehouse) located at 570 S. Mt. Vernon Avenue. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ~/J.~ Rachel G. Clark, CMC City Clerk RGC:ls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Oignity' Honesty