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HomeMy WebLinkAbout2019-182Resolution No. 2019-182 RESOLUTION NO. 2019-182 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MRMORIALIZING THE APPROVAL OF APPEAL 19-01 THEREBY OVER -TURNING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 18-23 AND PUBLIC CONVENIENCE OR NECESSITY LETTER 18-07 TO ALLOW AN UPGRADE OF AN EXISTING ALCOHOLIC BEVERAGE CONTROL TYPE -20 (OFF -SALE BEER & WINE) LICENSE TO A NEW ALCOHOLIC BEVERAGE CONTROL TYPE -21 (OFF - SALE GENERAL) LICENSE IN CONJUNCTION WITH THE EXISTING BUENA MARKET LOCATED AT 1338 W. 5a` STREET, SUITE 105 (APN: 0138-115-12) WITHIN THE PASEO LAS PLACITAS SPECIFIC PLAN (SP -PLP) AREA; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on November 6, 2018, pursuant to the requirements of Section 19.36.020 (Conditional Use Permits) of the City of San Bernardino Development Code, an application for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 was duly submitted by: Property Owner: Um Chan Ho, Kim Chul and Boo Ja Living Trust 1338 W. 5' Street San Bernardino, CA 92411, Suite 105 Project Applicant: Charanjeet, Chohan Singh 26882 Claystone Drive Moreno Valley, CA 92555 Parcel Address: 1338 W. 5" Street APN: 0138-115-12 WHEREAS, Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 is a request to allow the upgrade of an existing Alcoholic Beverage Control Type -20 (Off - Sale Beer & Wine) license to a new Alcoholic Beverage Control Type -21 (Off -Sale General) license allowing beer, wine and distilled spirits in conjunction with the existing Buena Market; WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; Resolution No. 2019-182 WHEREAS, pursuant to requirements of the California Environmental Quality Act ("CEQA"), the Planning Division of the Community and Economic Development Department evaluated Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 and determined that it is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; WHEREAS, on April 9, 2019, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 and at which meeting the Planning Commission considered Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07; WHEREAS, on April 9, 2019, during said duly public hearing, after public testimony and deliberation among the Planning Commissioners, Chairman Jones made a motion to adopt Resolution No. 2019-020 denying Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 based on the Findings of Fact presented, and Commissioner Woolbert seconded the motion; WHEREAS, the motion passed by the following vote: Ayes: Guerrero, Jones, Sanchez and Woolbert Nays: Quiel Abstain: None Excused: Liang, Lopez and Ruiz Absent: None WHEREAS, the Planning Commissioners agreed that allowing the upgrade of the existing Alcoholic Beverage Control (ABC) Type -20 (Off -Sale Beer & Wine) license to an ABC Type -21 (Off -Sale General) license allowing beer, wine and distilled spirits in conjunction with the existing Buena Market requested by Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 is not an appropriate land use at this location due to the following: 1) The total number of existing ABC licenses within the subject census tract exceeds the total number of ABC licenses allowed by the California Department of Alcoholic Beverage Control, 2) The crime rate within the subject reporting district exceeds the average City-wide crime rate, 3) Buena Market does not meet the City's 500 foot distance separation threshold from a sensitive use, and Resolution No. 2019-182 4) The proposed use to allow and upgraded ABC license does not meet the goals and objectives of reducing crime and ensuring that neighborhoods and business areas are safe; WHEREAS, on April 23, 2019, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant submitted an application for Appeal No. 19-01 of the Planning Commission's denial of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07; WHEREAS, notice of the July 17, 2019 public hearing for the Mayor and City Council's consideration of the proposed Resolution Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 was published in The Sun newspaper on July 5, 2019, and was mailed to property owners within a 500 foot radius of the project site in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; WHEREAS, on July 17, 2019, during said duly public hearing, after public testimony and deliberation among the Mayor and City Council, the Mayor and City Council concurred that upgrading the existing ABC Type -20 (Off -Site Beer & Wme) license to a new ABC Type -21 (Off -Sale General) license for Buena Market exceeds the total allowable number of ABC licenses within the subject census tract, the crime rate within the subject reporting district exceeds the average City-wide crime rate, and the project site does not meet the City's 500 foot distance separation threshold from a sensitive use (Our Lady of Guadalupe Church). However, the Mayor and City Council agreed, as follows: 1) The existing and continued operation of the Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City's Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Therefore, the sale of beer, wine and distilled spirits under the new ABC Type -21 (Off -Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages, 2) The Buena Market serves as a viable convenience to the community and is well lit for added safety, 3) The Police Department reported that there were no alcohol-related incidents at the subject property or immediate vicinity, 4) There was no opposition raised by the parishioners of Our Lady of Guadalupe Church or surrounding residents, and 5) Adequate Conditions of Approval will be imposed to prevent nuisances and secondary impacts; Resolution No. 2019-182 WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07; WHEREAS, on July 17, 2019, during said duly public hearing, after public testimony and deliberation among the Mayor and City Council, the City Council voted to approve Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07. WHEREAS, this Resolution memorializes the findings associated with the decision. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Findings of Fact - Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07. Finding No. 1: The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use. Finding of Fact: Pursuant to Section 19.06.020 (Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code, a business with an Alcohol Beverage Control (ABC) license is a permitted land use within the Paseo Las Placitas Specific Plan (SP -PLP) area. The request to allow the upgrade of the existing ABC Type -20 (Off -Sale Beer & Wine) license that was previously approved by the Planning Commission under Conditional Use Permit 88-43 to a new ABC Type -21 (Off -Sale General) license in conjunction with the existing Buena Market is permitted, subject to the approval of a new Conditional Use Permit with the appropriate Conditions of Approval and CEQA determination. The subject site is located within Census Tract 43.02, where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off -sale licenses. There are currently five (5) existing active off -sale licenses within this census tract, including the existing ABC Type -20 (Off -Sale Beer & Wine) license at this location. Therefore, there is an over concentration of off -sale ABC licenses within this census tract. Additionally, the ABC license concentration standards allow for a maximum of three (3) on -sale licenses within this census tract. There are currently four (4) existing active on -sale licenses within this census tract. Therefore, there is - also an over concentration of on -sale ABC licenses within this census tract. In total, there are nine (9) existing active ABC licenses within this census tract which exceeds the total of six (6) ABC licenses allowed by the California Resolution No. 2019-182 Department of Alcoholic Beverage Control. However, upgrading the existing ABC Type -20 (Off -Site Beer & Wine) license to a new ABC Type -21 (Off -Sale General) license will not increase the total number of ABC licenses within the subject census tract. The City of San Bernardino Police Department has reviewed the application for the proposed upgrade from an ABC Type -20 (Off -Site Beer & Wine) license to a new ABC Type -21 (Off -Sale General) license for Buena Market, and conducted an investigation based on the information provided and crime statistics within the surrounding area. The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 91 crimes per reporting district during the course of the past year. It was also determined that the subject reporting district in which the existing Buena Market is located had a total of 139 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 53%. This does not meet the 20% threshold established by the City's Development Code. However, it was also noted by the Police Department that there were no alcohol-related incidents at the subject property or immediate vicinity. Pursuant to Section 19.06(2)(B) (Commercial Zones Specific Standards — Alcohol Beverage Sales) of the City of San Bernardino Development Code, "a new alcoholic beverage sales activity is not permitted within 500 feet of any of the following locations: I) public or private state licensed or accredited school, 2) public parr playground, recreational area, or youth facility, including a nursery school, preschool, or day-care facility, 3) place of worship or religious institution; 4) hospital, 5) alcohol or other drug abuse recovery or treatment facility, or, 6) county social service office. " After completing a review of the surrounding neighborhood, it has been identified that Our Lady of Guadalupe Church is located approximately 300 feet west of Buena Market. This does not meet the 500 foot distance separation threshold from sensitive uses established by the City's Development Code. However, there was no opposition raised by the parishioners or surrounding residents. Although the proposal under Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 to upgrade an existing ABC Type - 20 (Off -Site Beer & Wine) license to a new ABC Type -21 (Off -Sale General) license for Buena Market exceeds the total allowable number of ABC licenses within the subject census tract, the crime rate within the subject reporting district exceeds the average City-wide crime rate, and the project site does not meet the City's 500 foot distance separation threshold from a sensitive use, the existing and continued operation of the Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City's Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Resolution No. 2019-182 Thus, the sale of beer, wine and distilled spirits under the new ABC Type - 21 (Off -Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Therefore, the approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 to upgrade an existing ABC Type - 20 (Off -Site Beer & Wine) license to a new ABC Type -21 (Off -Sale General) license for Buena Market as a Neighborhood Grocery Store, along with the imposed Conditions of Approval, remedies the potential concerns associated with the total number of ABC licenses within the subject census tract, the crime rate within the subject reporting district, and the distance separation from Our Lady of Guadalupe Church. Finding No. 2: Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). Finding of Fact: The subject site is located within Census Tract 43.02, where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off -sale licenses. There are currently five (5) existing active off -sale licenses within this census tract, including the existing ABC Type -20 (Off -Sale Beer & Wine) license at this location. Therefore, there is an over concentration of off -sale ABC licenses within this census tract. Additionally, the ABC license concentration standards allow for a maximum of three (3) on -sale licenses within this census tract. There are currently four (4) existing active on -sale licenses within this census tract. Therefore, there is also an over concentration of on -sale ABC licenses within this census tract. Although in total there are nine (9) existing active ABC licenses within this census tract which exceeds the total of six (6) ABC licenses allowed by the California Department of Alcoholic Beverage Control, there will not be a net increase in the number of ABC licenses due to the fact that the this application is a request to upgrade the existing ABC Type -20 (Off -Sale Beer & Wine) license previously approved by the Planning Commission under Conditional Use Permit 88-43 to a new ABC Type -21 (Off -Sale General) license in conjunction with the existing Buena Market. Finding No. 3: A finding that the alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sales of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering. Resolution No. 2019-182 Finding of Fact: The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 91 crimes per reporting district during the course of the past year. Although it was also determined that the subject reporting district in which the existing Buena Market is located had a total of 139 crimes, which exceeds the City-wide average .of 91 crimes per reporting district by a total of approximately 53%, none of the calls for service immediately adjacent to Buena Market were alcohol-related. Therefore, the approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 will not aggravate existing problems in the neighborhood. Additionally, Conditions of Approval will be imposed to remedy the potential concerns associated with crimes within the surrounding area. Finding No. 4: The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments. Finding of Fact: Although Our Lady of Guadalupe Church is located approximately 300 feet west of Buena Market which does not meet the 500 foot distance separation threshold from sensitive uses established by the City's Development Code, there was no opposition raised by the parishioners, or any residents from the surrounding neighborhood. Finding No. 5: The proposed establishment will otherwise be compatible with existing and potential uses within the general area. Finding of Fact: Although the number of exiting ABC licenses within the subject census tract exceeds the concentration standards of the California Department of Alcoholic Beverage Control, the crime rate within the subject reporting district in which the existing Buena Market is located exceeds the City- wide average, and the project site does not meet the City's 500 foot distance separation threshold from sensitive uses, the continued operation of the Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City's Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Thus, the sale of beer, wine and distilled spirits under the new ABC Type -21 (Off -Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Therefore, the approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 will be compatible with existing and potential uses within the general area. Resolution No. 2019-182 Finding No. 6: The proposed establishment is not located in what has been determined to be a high -crime area or where a disproportionate number of police service calls occur. Finding of Fact: Although the Police Department has indicated that there are a total of 219 reporting districts within the City, there was an average of 91 crimes per reporting district during the course of the past year, and the subject reporting district in which the existing Buena Market is located had a total of 139 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 53%, the Police Department reported that there were no alcohol-related incidents at the subject property or immediate vicinity. Additionally, Conditions of Approval will be imposed to prevent nuisances and secondary impacts. Therefore, proposal under Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 is not likely to contribute to the existing crime rate. Finding No. 7: The use of the proposed establishment is consistent with the General Plan. Finding of Fact: The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar "sensitive" uses. Land Use Element Policy 2.2.10: The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public. The Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City's Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Thus, the sale of beer, wine and distilled spirits under the new ABC Type -21 (Off -Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Additionally, there were no alcohol-related incidents at the subject property or immediate vicinity. Therefore, the application for Buena Market does comply with the abovementioned General Plan policies. Resolution No. 2019-182 SECTION 3. Environmental Determination. As the approving body for Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find, as follows: 1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; 2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines; 3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and 4) The determination of the CEQA exemption reflects the independent judgment of the Mayor and City Council. Resolution No. 2019-182 SECTION 4. Conditions of Approval. The approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18- 07 shall be subject to the following Conditions of Approval: 1. This approval is to allow an Alcoholic Beverage Control Type -21 (Off -Sale General) license in conjunction with the existing Buena Market. The project site is located at 1338 W. 5" Street (APN: 0138-115-12), within the Paseo Las Placitas Specific Plan (SP -PLP) area. EXPIRATION DATE: July 17, 2021 2. Within two (2) years of the Conditional Use Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 3. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. 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), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for 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 "Attorney's fees" for the purpose of this condition. As part of the consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. Every six (6) months over two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to Resolution No. 2019-182 exist, the applicant shall submit an application, along with the appropriate fee, for Reconsideration by the Planning Commission. 6. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 7. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 8. The project shall comply with all applicable requirements of the City's Building & Safety Division, Police Department, Municipal Water Department, Public Works Department and Business Registration Division, and the County of San Bernardino Consolidated Fire District. 9. The project must comply with the requirements of the California Department of Alcohol Beverage Control. 10. No alcoholic beverages shall be sold on the premise or property under the licensee's control, without first obtaining a valid alcohol sales/service license through the California Department of Alcoholic Beverage Control. 11. Prior to the commencement of the sale of alcoholic beverages the applicant shall submit for and obtain approval of an Operator's Permit from the Office of the City Clerk. 12. 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, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. These lights shall be maintained in good working order and shall remain on during darkness anytime the establishment is open. 13. A "complaint response community relations" program will be established and maintained by the owner. This program will include the following: a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department. b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment. Resolution No. 2019-182 c. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment. 14. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter. 15. The sale of drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. "Drug Paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000. 16. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: "No Loitering," "No Drinking," "No panhandling or soliciting," and "It is illegal to possess an open container of alcohol in the vicinity of this establishment." 17. The owner shall be responsible for reimbursement costs to the City of San Bernardino for "Extraordinary" police services on the premises. Extraordinary police services are those defined under San Bernardino Municipal Code Section 8.82.010. 18. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours. 19. Upon demand, the owner, lessee, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official. 20. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: "California State Law prohibits the sale of alcoholic beverages to persons less than 21 years of age." Resolution No. 2019-182 21. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment's patrons shall be kept free of litter and debris. These areas shall be cleaned of any litter upon the close of business each day. The owner shall be responsible for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas. 22. The establishment's owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen (15) minutes to leave the area and contact the Police Department for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 23. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 24. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place. 25. If public telephones are installed on the premises, they shall be installed in well -lighted locations and programmed for outgoing calls only. 26. Only (1) one sign advertising "Liquor" shall be allowed. Neon beer or wine signs visible from the outside shall not be permitted. No more than 25% of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and obstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. 27. Sales and service of alcoholic beverage sales shall be permitted only between the hours of 7 a.m. and 10 p.m. Monday through Sunday, each day of the week. 28. Whenever alcohol is sold on the premises, the establishment shall be required to mitigate alcohol-related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed: a. No alcohol sales are permitted inside or outside the premises without a license issued by the California Department of Alcoholic Beverage Control. b. No alcohol shall be sold or furnished to minors (anyone under the age of 21). c. No alcohol may be sold at any time to any patron appearing to be intoxicated. Resolution No. 2019-182 d. No wine sales shall be permitted in bottles or containers of less than 750 milliliters, unless sold in manufacturer multi -packs of no less than 4 -pack quantities. e. No malt beverage products shall be sold with alcohol content greater than five and one half percent by volume. f. The sale of wine with an alcoholic content greater than 14 percent by volume shall be prohibited unless in corked bottles and aged at least two (2) years. g. Beer or malt liquor sold individually in containers of 40 ounces or less shall be prohibited. h. No containers of beer or malt liquor shall be sold which are not in their original factory packages of 6 packs or greater. i. No distilled spirits shall be sold in bottles or containers smaller than 750 milliliters. No cooler products, either wine or malt beverage based, shall be sold in less than 4 -pack quantities. k. No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner and/or lessee. 1. No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises and/or lessee or in any area occupied or used by patrons of the premises. m. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the California Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway. n. The owners and all employees of establishments involved in the sale of alcoholic beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training with sixty (60) days of the Conditional Use Permit approval, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. o. No coin operated games, video games, or pool tables are allowed inside the business. Resolution No. 2019-182 p. The sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited. q. All ice shall be sold at or about the prevailing prices in the area and in quantities of not less than five (5) pounds per sale and should not be given to customers without charge. 29. The establishment may elect to send only supervisory employees to the RBS training, who would then be responsible for training all employees who are involved in the sale of alcoholic beverages. 30. Two (2) 24-hour time -lapsed security cameras shall be installed on the premises. All criminal and suspicious activities recorded by or viewed on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution sh ec*Ae effective immediately. APPROVED and ADOPTED by the Cit 1icil an igned by the Mayor and attested by the City Clerk this 7` day of August 2019. • John Valdivia, Mayor City of San Bernardino Attest: Georgeann,1 arena, MMC, hty Clerk Approved as to form: Gary D. Saenz, City At t orney Resolution No. 2019-182 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-182 adopted at a regular meeting held on the 76' day of A_ u u t 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ MARRA _ FIGUEROA X SHORETT NICKEL RICHARD X MULVIHILL v WITNESS my hand and official seal of the City o ['San -Bernardino this 7t' day of August 2019. Georgeann T MMC, City Clerk