HomeMy WebLinkAbout19- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: William Woolard, Interim Director Subject: Determination of Public
Convenience or Necessity—
Dept: Development Services 1% 1 p A Type 20 liquor license for
ORI
u l't ,{�L `B" St. Market located at
Date: August 9, 2000 n 1156 N. `B" Street
MCC Date: August 21, 2000
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council 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 20 license (off-site beer and wine) for the"E" Street
Market located at 1156 N. "E" Street, subject to the Conditions of Approval.
William Woolard
Contact person: Sylvia Juarez Phone: 384-5057
Supporting data attached: Staff P Tnrt Ward: 2
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 19
ff/;.I/D�
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Determination of Public Convenience or Necessity—E Street Market-
Convenience Store
Mayor and Common Council Meeting of August 21, 2000
APPLICANT OWNER
Esteban and Gabriela Martinez Emil J. Rust c/o Rust &Associates
1156 North"E" Street 2948 Adelita Drive
San Bernardino, CA 92410 Hacienda Heights, CA 91745
(909) 384-8356 (626) 330-6757
REQUEST AND LOCATION
The applicant is requesting to downgrade a Type 21 liquor license (Off-Sale General) to a Type
20 (Off-Sale Beer and Wine) at an existing 1,496 square foot convenience store (E Street
Market) located at 1156 North E Street. Under previous operators, the convenience store had a
Type 21 license for on-site beer and wine. The new operators are now seeking to establish the
sale of beer and wine only. The state Department of Alcoholic Beverage Control has
determined that the Census Tract is over-concentrated with off-site sale licenses (6 permitted, 11
existing) and requires the City to make a determination that the proposal will serve the Public
Convenience or Necessity, before a license will be issued.
The hours of operation are 7 a.m. to 8 p.m, seven days a week.
ENVIRONMENTAL DETERMINATION
This request was reviewed in accordance with the California Environmental Quality Act and
found to be exempt per Section 15301, Existing Facilities.
POLICE DEPARTMENT RECOMMENDATION
The Police Department has indicated that they will not oppose the ABC application.
DETERMINATION
Staff feels that a determination of public convenience or necessity can be met. The sale of
alcoholic beverages for off-site consumption is a service typically found at convenience stores.
The percentage of retail space devoted to the sale of alcohol is limited and is accessory to the
PCN— "E"Street Market
1156 North "E"Street
MMC Mtg. of 8/21/00
Page 2
other services and products provided. The store has had off-site sales of alcohol for several years
and this request is to downgrade the license.
FINANCIAL IMPACT
The applicant submitted an application and the applicable processing fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council 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 20 liquor license at 1156 North"E" Street subject to the
Police Department's Conditions of Approval.
Exhibits: A Location Map
B Police Department Report
C Conditions of Approval
CITY OF • • 00-058
DIVISION PLANNING
LOCATION .
LAND USE DISTRICTS
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City of San Bernardino _
EXHIBIT B San Bernardino Police Department !
Interoffice Memorandum D
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To: ASSISTANT PLANNER SYLVIA JUAREZ 'iota
From: CSR II M. SOTO, )It,2
Subject: DEVELOPMENT PERMIT NO. 00-058
Date: JUNE 9, 2000
Copies : 4J-61.7-7)'0`
v f.7-7 '0o
PROBLEM:
On 5-17-00, 1 received a Memorandum from Assistant Planner Sylvia Juarez
asking me to conduct an investigation and complete a "police concerns" form for
a Development Permit for the location 1156 N. E St., San Bernardino. The
applicants are downgrading their liquor license type 21, off-sale general to a type
20, off-sale beer/wine.
RECOMMENDATIONS:
Approval for the Development Permit is recommended as long as the applicants
obtain all necessary permits.
FINDINGS:
The business is an existing market which has been at this location for several
years.
On 4-12-00, 1 previously spoke with applicant, Esteban Franco, when he applied
for the original ABC license type 21. There are only two employees and he is the
on-site manager. The business is open seven days a week from 7:00 a.m. to
8.00 p.m. There are no video game machines at the business.
The business is located in reporting district S1220. The statistics for 1999
showed 113 Part I Crimes and 387 Part II Arrests. These statistics places the
location of the business in a high crime area. The business is in Census Tract
0056. There are 11 existing off-sale ABC licenses and only six off-sale ABC
licenses are allowed. This also places the location of the business in an area
with an over saturation of ABC licenses.
THE SBPD 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
Page 2
1 sent an e-mail to Area Commander, Lt. J. Aragon asking for her input prior to
our recommendation. She stated she totally agreed with the downgrade. (Refer
to attached e-mail.)
The business has been at this location for several years with an ABC license
type 21. The applicants are asking to downgrade their license to a type 20.
Downgrading the license does not appear to be a problem since the business
has been at this location for several years with a type 21 license. The San
Bernardino Police Department agrees with Area Commander, Lt. J. Aragon and
does not oppose the issuance of Development Permit No. 00-058.
ATTACHMENTS: I. Copy of Memorandum from Asst. Planner Juarez.
2. Police Concerns.
3. Copy of e-mail from Lt. J. Aragon.
POLICE CONCERNS
Location: 1156 N. E St. — E Street Market
Development Permit '
No. 00-058
Reporting District: S1220
(Stats for 1999)
Part I Crimes: 113
Persons: 46 Property: 67
Part II Arrests: 387
Alcohol related arrests: 73
Calls for Service (within RD for past six months)
Census Tract: 0056
Existing Off Sale ABC licenses: 11 Allowed off Sale ABC licenses: 6
GENERAL VICINITY:
Distance to nearest:
School: Adult Education School 150 yds.
1200 N. E St.
Church: New Beginnings Christian Deliverance .I mi.
Park: Pioneer Park .7 mi.
6th/F St.
ABC On Sale Premises:
Las Palmas Restaurant 200 yds.
1235 N. E St.
ABC Off Sale Premises:
Midway Market .2 mi.
685 W. Baseline
Distance of parking lot to residence:
152 Acacia 100 yds.
Page two
Area Commander Comments: Area Commander recommends approval. Refer
to attached e-mail.
Police Department Recommendations: The Police Department agrees with the
Area Commander and recommends approval.
Soto Ma
From: Aragon_Je
Sent: Tuesday, June 06, 2000 11:13 AM
To: Soto Ma
Subject: RE:: Development Permit No. 00-58 -
I totally agree with the downgrade.
-----Original Message----
From: Soto Ma
Sent:Tuesday,June 06, 2000 8:11 AM
To: Aragon_Je
Subject: Development Pennit No.00-58
Recommendation for Development Permit No. 00-58
Date: June 6, 2000
Business Name: E Street Liquor
Location: 1156 N. E St.
Type of Application: Development Permit
Type of Business: Liquor Store/Market
I received a Memorandum from Asst. Planner Sylvia Juarez,regarding
the Development Permit. The business is an existing business which
currently has an ABC license type 21 Off-Sale General. The applicants
are asking to downgrade the liquor license from a type 21 to a type 20,
Off-Sale Beer/Wine.
Do your recommend this this license be approved. If not, why?
If you recommend that this license be approved, what conditons would
you recommend be place on the business?
* PLEASE RETURN YOUR COMMENTS NO LATER THAN FIVE DAYS
FROM THE ABOVE DATE.
06/06/2000
EXHIBIT C
PCN - CONDITIONS
747 N. "D" STREET
SAN BERNARDINO, CA
1. The licensee shall be responsible for posting signs prohibiting littering 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 building or property for easy detection of suspicious and criminal
activity.
3. If public telephones are located on the premises, they shall be fixed for
outgoing calls only.
4. Sales of alcoholic beverages shall be permitted only between the hours of(9:00
a.m. and 10:00 p.m. each day of the week.
5. Alcoholic beverages shall not be consumed within the licensed premises or on
any property adjacent to the licensed premises under control of the licensee.
6. Wine shall not be sold in bottles or containers of less than 750 ml.
7. Wine shall not be sold with an alcoholic content greater than 20%by volume.
8. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40oz.
or similar size containers is prohibited. No beer or malt beverages shall be sold
in quantities of less than six per sale.
9. The licensee shall comply with all tenant improvement requirements as set forth
by the Department of Planning and Building, City of San Bernardino.
10. The windows shall provide an unobstructed view to the inside of the premises
at all times. Window signage shall be limited to hours of operation, lottery
sales, ATM availability, etc., and may not comprise more than 25% of the
window area. Advertising signage may not be placed in the windows.
OFFICE OF THE CITY CLERK
RACHEL G.CLARK,C.M.C.-CrrY CLERK
P.O.Box 1318•San Bernardino•CA 92402
300 North"D"Street•San Bernardino•CA 92418-0001
909.384.5002•Fax: 909.384.5158
San BernaFID Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
August 22, 2000
Esteban and Gabriela Martinez
1156 North E Street
San Bernardino, CA 92410
Dear Mr. and Mrs. Martinez:
At the meeting of the Mayor and Common Council held on Monday, August 21, 2000,
the following action was taken regarding your application for a determination of public
convenience or necessity for a Type 20 Liquor License for the E Street Market located
at 1156 North E Street in San Bernardino:
The Mayor and Common Council 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 20 (off-site beer and wine) Liquor License for the E
Street Market located at 1156 North E Street, subject to the Conditions
of Approval.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
4'
Rachel G. Clark, CMC
City Clerk
cc: Development Services Department
Rust & Associates
CITY OF SAN BFRNARDINO
ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty