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HomeMy WebLinkAbout11-Development Services c /- \- c CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: Valerie C. Ross Director Development Services Subject: Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-sale Beer & Wine) for a Fresh & Easy grocery store located at 1631 East Highland Avenue. Date: March 27, 2008 MCC Date: April 21, 2008 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off-sale Beer & Wine) for a Fresh & Easy grocery store located at 1631 East Highland Avenue. I/1tw (/,?-~ Valerie C. Ross Contact person: Aron Liang Phone: 384-5057 Supporting data attached: StaffReoort Ward(s): 2 FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) (Ace!. Descriotion) Finance: 4/3.J/OI Agenda Item No. II Council Notes: c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity for an Alcoholic Beverage Type 20 license (Off-sale Beer & Wine) for a Fresh & Easy grocery store located at 1631 East Highland Avenue. OWNER: Ledasor Partners, LLC 10877 Wilshire Boulevard Suite 1105 Los Angeles, CA 90024 310.392.0232 APPLICANT: Robert Ward Robert Ward & Associates 253 Market Street Venice, CA 90291 310.392.0232 REQUEST The applicant requests a determination of public convenience or necessity for an Alcoholic Beverage Control (ABC) Type 20 license (Off-sale Beer & Wine) for Fresh & Easy (F&E) located at 1631 East Highland Avenue in the CG-I, Commercial General land use district (Attachments A & B). On March 25, 2008, the Planning Division approved Development Permit No. 08-014 to allow establishment of a Fresh & Easy grocery store with an Alcoholic Beverage Control (ABC) Type.... . 20 license in a commercial center consisting of approximately 64,000 square feet where F&E will occupy a 15,000 square foot commercial building. F&E is a bona fide grocery store that sells fresh produce, vegetables, meat and other grocery goods and is exempt from a Conditional Use Permit for the ABC license pursuant to Development Code Section 19.06.030 (2) (B). A Type 20 license would enhance F&E by expanding their product lines. The ABC license would also allow F&E to increase their overall sales productivity. The alcoholic beverage display and sales area will account for less than 1% (125 square feet) of the total floor area. The hours of operation will be 24 hours, seven days per week. Based on ABC concentration criteria, six liquor licenses are allowed in Census Tract 0063.02. Currently, there are 4 existing licenses in this tract. Although the tract is not considered over- concentrated, pursuant to the Alcoholic Beverage Control Act, Section 23817.7 (3), the state Department of Alcoholic Beverage Control notified the applicant that a determination of Public Convenience or Necessity from the City is required, due to a City-wide over-concentration. The Police Department indicated no opposition to the ABC license. FINANCIAL IMPACT C None. The applicant paid the applicable processing fee. C RECOMMENDATION Staff recommends that the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off-sale Beer & Wine) for a Fresh & Easy grocery store located at 1631 East Highland Avenue. ATTACHMENTS A Location Map B Site Plan / Elevations c c c c c ATTACHMENT A PLANNING DIVISION CITY OF SAN BERNARDINO LOCATION MAP HEARING DATE: 04121/2008 PROJECT: PCN No. 08-01 NORTH ~ \ j l ULJ I w U IL HIGHLAND-A VE tJ m I"j ,;0 o I~ !~ "' W 19TH s: ~ 01 DEL~ROSAg~ ~.. III .I~. ~(IC) City of San Bernardino. t:=t:j c ~~ I II! ~ ~II~I .U It1.I.~~ c c B , .~. i;;;:~ ii~ ii!H! ! """ ..-... ~ i iii ." ~ .-.~ ~ ~~:~!~~ !!H ~i '" t i. , ~~-~ : ;.: ~ ! ~ ~; =.% ~;t j ~ ~; ~~~ 2" iii ; ~.,,~'" J . :; ~_~ ./8 ~ ; gSi: iti' ,." .e....~.. ~~~ ~?~ ~~~~~! ; I~ ~II ~ ~ . ~ f . r o ~ . , ~ r~ :'! n J~ .:B I :. ;: H :... '_ . #.. :1 ! ~ .....,1 ;J .,:~.i ':!~fl '. ; j ... ~! .. r II I! I; t!:", I l~ 1~ i. ~r'~I<< ~ ;. ;:.;::' n:q=~ ~ !.l-l1ia~i.'!f"i f !lfiliZJ!Ji!ill~l H .. ~ ~ ! ! ~ ~. ;, I; t .".,,,,,.t i - !I'; . uni. t f ~. ii' co ~ t. S 0:.'1' ....."." " I" "'''1 ...--. ...,,, 'Ill ~ ~ +-' ~ji~ I ... ... ! . .....~.:J . """~...,,,... :;[ .,...", 1 , .'-, 3 ~... . O~ .- "'-Y'\i '" 1 ---' -~ .' ,.... , . - i:t t ~ Ili""j" ; . .1 . ! <......, "-0 ... ;K c . '. -~-..... ... "ll ,- "-' -" . I~' , r=q! tjj! ... , ' ~ : ~ 5 i "" .... ~ I I .. ," c