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HomeMy WebLinkAbout27-Development Services Q""""""4 i [', I [ . ..... .."L CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 License (Off-Sale Beer & Wine) for the Target store located at 499 West Orange Show Road. Dept: Development Services Date: March 23, 2009 MCC Date: April 20, 2009 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 for the Target store located at 499 West Orange Show Road. ~C,Rffl/ Valerie C. Ross Contact Person: Aron Liang, Senior Planner, Ex!. 3332 Phone: 384-5057 Supporting data attacbed: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) Account Description: Finance: Council Notes: Agenda Item No. -ZJ 'I. ",..elf CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-Sale Beer & Wine) for the Target store located at 499 West Orange Show Road. OWNER: Central Watt Operations Partnership, LLC 353 Sacramento Street, 21 st Floor San Francisco, CA 94111 310.314.5061 APPLICANT: Beth Aboulafia Target Corporation 1000 Nicollet Mall, TPN-0910 Minneapolis, MN 55403 415.362.1215 x 104 Backl!round: The applicant requests a determination of Public Convenience or Necessity (PCN) as required for approval of an Alcoholic Beverage Control (ABC) Type 20 license (Off-Sale Beer & Wine) for the Target store located at 499 West Orange Show Road in the CG-1, Commercial General land use district (Exhibits 1 & 2). The project site consists of approximately 17.75 acres and the existing shopping center was constructed in the early 1960's, previously anchored by White Front and Fedmart. Currently, Target occupies approximately 106,340 square feet as a retail department 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, approximately 120 feet west of the main entrance area, will account for less than 1 % (486 square feet) of the total floor area. The hours of operation are Monday throught Saturday, 8:00 a.m. to 10:00 p.m. and Sunday, 8:00 a.m. to 9:00 p.m. Based on ABC concentration criteria, two licenses are allowed in Census Tract 0060.00. Currently, there are nine existing licenses in this tract. Due to an over -concentration, the state Department of Alcoholic Beverage Control notified the applicant that a determination of Public Convenience or Necessity is required from the City. The Police Department indicated no opposItIOn to the proposed ABC license, subject to compliance with conditions in Exhibit 3, which will apply to the City Operator's permit. peN No. 08-04 Hearing Date: April 20, 2009 Page 2 of2 Financial Impact: No impact. The applicant paid applicable processing fees. Recommendation: Staffrecommends 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 for the Target store located at 499 West Orange Show Road. Attachments: Exhibit I Exhibit 2 Exhibit 3 Location Map Site Plan Police Conditions EXHIBIT 1 CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 4/20/2009 PROJECT: PCN No. 08-04 w ~ o <( w :J: ~ o r:! ,~" ,^,' ... <( NORTH IL ORANGE SHOW f EXHIBIT 3 SAN BERNARDINO POLICE DEPARTMENT THE CITY OF SAN BERNARDINO CONDITIONS 499 West Orange Show Road I. 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. 2. 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). 3. The licensee shall be responsible for maintaining free oflitter 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. 4. 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. 5. Loitering is prohibited on or around these premises and all areas under the control of the licensee(s). 6. The licensee shall be responsible for the posting of signs prohibiting litter and loitering at the exterior of the business and in adj acent parking areas. 7. If public telephones are installed on the premises, they shall be installed inside the business and programmed for outgoing calls only. 8. Licensee must comply with all City building, fire, zoning and health regulations. 9. No beer or malt beverage product shall be sold, regardless of container size, in quantities of less than six per sale, other than quart bottles. 10. 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. 1'H1~ SBPO IS COJ\II\HTTED '1'0 PROVIDING: PROGRESSIVE QUALITY POJ.JCE SERVICE; A SAFE ENVIRONMENT TO IMPROVE TIm QUALITY OF LIFE; A REDUCTION IN CRli\lE THROUGH PROBLEi\f RECOGNITION AND PROBLEM SOLVING ~ . lJtttHtHtI#ttIf -li~JiI~ ~ -~- Il~ .. ' ~ . - , _ Ii _ 1"' (9 ,.- . - . -.......----l-~~-..-----------...--. -:--.----~-- '-'-- ~p_ EXHIBIT 2 NVld 3lS j 8OV_ ! pi It i li.~il. I.~ ,. I. :'1 . 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