The URL can be used to link to this page

Home My WebLink About10-Development Services ORIGINAL 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 the Wal-Mart store located at 4210 East Highland Avenue. Date: September 22, 2008 MCC Date: October 20, 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 ofa Type 20 ABC license (Off-sale Beer & Wine) for the Wal-Mart store located at 4210 East Highland Avenue. ~~~ Valerie C. Ross Contact person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 4 FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: Agenda Item No. J 0 10.1.0.09 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 the Wal-Mart store located at 4210 East Highland Avenue. OWNER: Wal-Mart Real Estate Trust 200 I South East 10th Street Bentonville, AR 72712-6489 479.273.4000 APPLICANT: Alicen Wong Gresham Savage Nolan & Tilden 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408 909.890.4499 REQUEST The applicant requests a determination of public convenience or necessity as required for approval of an Alcoholic Beverage Control (ABC) Type 20 license (Off-sale Beer & Wine) for the Wal-Mart store located at 4210 East Highland Avenue in the CG-I, Conunercial General land use district (Attachments A & B). On October 29, 1991, the Planning Commission approved Conditional Use Permit No. 91-26, Variance No. 91-16 and Development Agreement No. 91-02 to construct a 310,283 square feet shopping center where Wal-Mart occupies approximately 125,999 square feet. Wal-Mart is a retail store that sells a wide variety of products, including food and beverages. Therefore the site is exempt from a Conditional Use Permit for the ABC license pursuant to Development Code Section 19.06.030 (2) (B). The alcoholic beverage display and sales area will account for less than 1% (200 square feet) of the total floor area. The hours of operation are from 6:00 a.m. to II :00 p.m., seven days per week. Based on ABC concentration criteria, five liquor licenses are allowed in Census Tract 74.03. 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 proposed ABC license, subject to compliance with conditions in Attachment C, which will apply to the City Operators permit. FINANCIAL IMPACT None. The applicant paid the applicable processing fee. 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 the Wal-Mart store located at 4210 East Highland Avenue. ATTACHMENTS A Location Map B Site Plan I Floor Plan C Police Department Conditions ATTACHMENT A CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 10/20/2008 PROJECT: PCN No. 08-02 NORTH ~Ct -~ Project Site fa: I;~~ '.J.mI' -mrru I,~fr a:r ATTACHMENT B , :J=~:;;;~;~;N~ 0 ~v ']11LANOIN38 "::INI 'S3~OlS HJ't't'i-l....'" 'tJ ONlt l~IH .:l(1N~'t' ON'f IH'JIH OIlt NOISNVdX] .O~.L6~' HlVri-1VM i II Ii ' i ClO : ! N<lIl.:nIISNOO YO.!.LON - .L38 M3A3ll1OS3Cl "j I, 'I! I'i I I . II II' ~ !! t.: II 'hi 1'" I ii, I' i !;I;; illli !!l. Ii i liii II!!! i:i;11 ~ ll~ l;i lilj! Ii; Ii '!. i'!;1 !lil! I !~i!i Ii ill I!!! ill! I:~! !!i;: b!11 II i ! 1;1 :!i ;l~! i!:i'~ Iii !I!~ Iii!! II Il~ ~ :~ IIp i~ i ~~ " i!f II 'i~ lI. r~ ~l~ ! ~ h!~ II~! J . ~,~ l!~~~~ IIWI~~~~~I~!~J' I ~ i:';;' il! !!l ii'i' ii' Ii Iii! Il;';! Iii!! I! I: Iii;! l!lillj, i,Uiil 1 1"I!!illb'~1 I: 1.IMI.!I.!!,.;!II.II.l Mil 11.11111;11 I~ II i iil~ 1!IUII.ill,11 i Ii l.il.1 mil. il ! Zl ~. ~ ~. i . .. .. 4 ...... .. .. l! t :I:l :!:f . ::". . ~ 2- ~ . ,-, I I L~ ,I 'i' ~I I i I! I ~ I;' ~lllrlj I II I jj ; III; I~I III 1111 jl,1I11 11.1111111 e ae 0@l@e < " c t U~'''O o''''S/h,uUO'd/O'U,'O''"'>y I. elV' 'j~~IM~CJN]H 'JNI 'Sl<J01S HIVV'l-lVM V) ON"l~](TNJ1iIi'(fNVlfl:)i!i()Tlj; NOISNVdX] v()-vl6L# J(-JV!^I-lV'M t fl "!j""i ' . ll"~" " (0 ~ ~ "II 1I ~ spal'4~J\I qlny +Z1IM~1Id r ,! '! h i ~~ - ,\ I '( (') ~ !' ' lei 0, #' 101,", y~~~-~ ~ i!lll! ~~I !:l,.l 0- " h .>' 'I ~~-~ j m Z <( Lj --" j' CL '" - t~~ ~ l,J I CO o '<)1- , " ( >- CL <( 0 ~ ' ! 0 ~ 0 l~ := 'I' ,II" d!l"L!I,! ! ex.: .. ~ 'il 0 ~ Ii ll,!i' ! ! L .' h~.':lg .':l 't: 8 " ~JOtj :)ml! SNOJ CJO.:J 10N - 13S 11'\:-:]1,,\1(1 t~:W::;J(l 1 ----- .1<-- 1 I I 1 '1-[ :0::0,-- ~- -~:;;;, ,- ~ld I', , \: --,...-J I !I . I . , ~I r--- , "__.J 'j · .1 , '( Il,' ---t , , , Gim,,,,, 0" (1 I ! ! ! ! , ! G ," 0 .. 0 .. c!J ., G ,.0 J.. I. . . , . . C,) C,J zi <--,--1 ", -'I U.i I [t c: c' ...J "-I ~I <1 ;z ~ L dl' D: Q ATTACHMENT C flLE COPl POLICE DEPARTMENT MICHAEL A. BILLDT ~ CHIEF OF POLlCE ,. P.O. Box 1559 . San Bernardino. CA 92402-1559 909.384.5742 www.sbcily.org March 28, 2008 Frank Robles Alcoholic Beverage Control Board 3737 Main Street, Suite #900 Riverside, CA 92501 Dear Frank: The San Bernardino Police Department received the ABC License Type 20 application submitted by Wal Mart Stores for Wal Mart 1914 located at 4210 E. Highland Avenue, San Bernardino. (File #463788) The police department does not oppose the issuance of this license. Very truly yours, LLDT, CHIEF OF POLICE LT. B. BOOM Vice/Narcotics st LEADERS IN SETTING THE STANDARD OF EXCELLENCE SAN BERNARDINO POLICE DEPARTMENT THE CITY OF SAN BERNARDINO CONDITIONS 4210 E. HIGHLAND 1. Sales of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 11 :00 p.m. (Hours are reflective of times specified by Applicants' on their permit applicants.) 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (With the exception of other properly licensed establishments.) No alcoholic beverages shall be consumed along the exterior of the business, in any parking area, or on any adjacent city street or alleyway. 3. Any graffiti painted or marked upon the premises or on any area under the control of the licensee(s) shall be removed or painted over within 48 (Hours). 4. The licensee shall be responsible for maintaining free of litter the area under their control and any area adjacent to the premises over which they have control, or used by their patrons. These parking areas shall be cleaned of any litter upon the close of business each day. 5. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 6. Loitering is prohibited on or around these premises and all areas under the control of the licensee(s). 7. The licensee shall be responsible for the posting of signs prohibiting litter and loitering at the exterior of the business and in adjacent parking areas. 8. If public telephones are installed on the premises, they shall be installed inside the business and programmed for outgoing calls only. 9. Licensee must comply with all City building, fire, zoning and health regulations. 10. Upon demand, licensee must make available to any police official the current names and addresses of persons who are in the management or operation of the business. 11. No business is to be conducted on the premises after 11 :00 pm. 12. Non employees are prohibited from being inside the business after 12:00 am. 13. The applicants shall be responsible for reimbursement costs to the City of San Bernardino for "Extraordinary" police services on their premises. Extraordinary police services are those defined under SBMC S 8.82.010. THE S!WD IS COL\.1!'\,[JTL'ED TO PROVlDIN(;: PROGRESSIVE QUALITY POLlCE SI'JZVICE; A SAFE ENVIRONi\1ENTTO H"fPROVE THE QUALrIY OF LJJ,']':; j\ REDUC'J'lON IN CRIME THROUGH PROHLEL\.f RECOGNITION AND PROBLEt-.r SOLVIN(; Page 2 of2 4210 E. Highland Ave 14. Business activities shall not have a negative impact on the operation of neighboring businesses and residences. 15. All ice shall be sold at or about prevailing prices in the area and in quantities of not less than five (5) pounds per sale and should not be given away free.