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HomeMy WebLinkAbout30-Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Development Services Subject: Determination of Public Convenience or Necessity for a Type 20 Liquor License for Carniceria EI Rodeo Meat Market located at 1208 West 5'h Street. Date: February 5, 2003 MCC Date: February 18,2003 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council determine that the public convenience or necessity would be served by the issuance of the license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off-sale beer and wine) liquor license for Carniceria EI Rodeo Meat Market located at 1208 West 5'h Street. VwMu(/.~ .jw JF James G. F<.1nk Contact person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 1 FUNDING REQUIREMENTS: Amount: N/ A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 3D c)./lfj03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ST AFF REPORT SUBJECT: Determination of Public Convenience or Necessity for a Type 20, Liquor License for Carniceria EI Rodeo Meat Market located at 1208 West 5th Street. Mayor and Common Council Meeting of February 5, 2003 OWNER/ APPLICANT Martin & Maria Pulido 10961 Stonehenge Place Riverside, CA 92503 (909) 354-8961 REQVEST The applicant is requesting a determination of public convenience or necessity to establish a Type 20 liquor license (off-sale beer & wine) for Carniceria EI Rodeo Meat Market locatcd at 120X West 5'h Street in the CG-4-SP, Commercial General, Specific Plan land use district. BACKGROUND The neighborhood grocery store is located in an existing commercial strip center consisting of approximately 79,000 square feet and Carniceria EI Rodeo Meat Market occupies a 9,000 square foot building. Carniceria EI Rodeo Meat Market is a neighborhood store that sells fresh produce, vegetables, fIsh, meat and other grocery goods with food preparation on the site. The Type 20 ABC license restricts the sales of alcohol to beer and wine only within a maximum of 75 square feet for display or sales of alcohol. This accounts only 1.13% of the total floor area. The hours of operation are from 7:00 am to 9:00 pm, seven days per week. The previous storeowner had been operating at this site since 1981 with off:site alcohol sales. Unfortunately, the previous ABC license was revoked. Mr. Pulido purchased the business in 2001 and changed to the name to Carniceria EI Rodeo Meat Market. Mr. Pulido has maintained a clean operation and no evidence of public nuisances has occurred since the new storeowner has been in business. Based on Census Tract 0048, three liquor licenses are allowed in this area. Currently, there are 6 existing licenses in this Tract. As a result, the state Department of Alcoholic Beverage Control (ABC) notified the applicant of the. over concentration in that Census Tract, and that a determination of Public Convenience or Necessity from the City is required. At its meeting on February 4, 2003, the Planning Commission approved Conditional Use Permit No. 02-31 and recommended that the Mayor and Common Council make a determination of public convenience or necessity for a Type 20 ABC license for Camiceria El Rodeo Meat Market. Commissioners Dutr, Morris, Thrasher and Vasquez voted in favor of the motion and Commissioner COllte voted against the motion. Commissioners Enciso, Lockett, Sauerbrun and Welch were absent. The Police Department indicated no opposition to the ABC application and recommended approval provided that the applicant comply with the Police Department conditions included in the Planning Commission Staff Report. FINANCIAL IMPACT None. The applicant submitted an application and the applicable processing fee. RECOMMENDA nON 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 for Carniceria El Rodeo Meat Market located at 1208 West S'h Street. ATTACHMENTS A- Location Map B- Planning Commission Staff Report C - Site Photos ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: CUP 02-31 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 2/4103 u NORTH f'~ 1\.. ~ i I ! I ~OOO-~ , - 'I l ~ ." I IH \ u. J r SUMMARY CITY OF SAN BERl"ARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit NO.02-31 1 February 4, 2003 I OW:\'ER l\lartin Pulido!Carnieeria [I Rodeo Meat Market 1208 W. 5th Street San Bernardino. CA 92408 909-885-0571 APPLICANT: Hernandez. Kroone & Associates 234 Drake Street San Bernardino. CA 92408 (909) 884-3222 REQUEST/LOCA TION: A request for approval of a Conditional Use Permit to establish an Alcoholic Beverage Control (ABC) Type 20 license (off-sale beer & wine) at an existing Carniceria EI Rodeo Meat Market located at 1208 West 5th Street in the CG-4-SP. Commercial General, Specific Plan land use district. CONSTRAINTS/OVERLAYS: None E:'\VIRONMENTAL FINDINGS: o Not Applicable o Exempt from CEQA, Section 15301 - Existing Facilities o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: o Approval o Conditions o Denial o Continuance to: Conditional Use Permit No. 02-31 Meetillg Date:2/4/03 Page 2 REOUEST AND LOCATION ^ request for approval of a Conditional Use Permit under the authority of Development Code Section 19.06.030 (2)(P), to establish an ABC Type 20 license (off-sale beer & wine) at an existing Carniceria EI Rodeo Meat Market located at 1208 West 5th Street in the CG-4-SP, Commercial General. Specific Plan land use district. The project site is located in an existing commercial strip center consisting of approximately 79,000 square feet and Carniceria EI Rodeo Meat Market occupies an approximately 9,000 square foot building. Carniceria EI Rodeo Meat Market is an existing neighborhood grocery store. Their primary business includes selling fresh daily produce, vegetables, fish, meat and other grocery goods with food preparation on the site. Per Development Code Section 19.06.030 (P) (1), Carniceria EI Rodeo Meat Market allows a maximum 01'75 square feet of the sales area for display or sales of alcohol (Attachment B-2). The Type 20 ABC license restricts the sales of alcohol to beer & wine only. The hours of operation are from 7:00 am to 9:00 pm. Carniceria El Rodeo Meat Market has been providing grocery goods for this neighborhood since 200 I and has 5 employees. No building modifications are proposed as a part of this project. SETTING/SITE CHARACTERISTICS The 1.8-acre site is rectangular in shape. Surrounding the property to the north adjacent to the site is an existing residential development in the RS, Residential Suburban district. To the east, south and west adjacent to the site are commercial lots in the CG-4-SP, Commercial General, Specific Plan land use district. CALIFORNIA ENVIRONMENTAL OUALITY ACT ICEOA) The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act in that the project was found to be exempt from CEQA per 915301 for an existing facility. CEQA allows for the exemption of projects in existing facilities where no major changes arc proposed. BACKGROUND The mini-mart store has been operating at this site since 1981 with off-site alcohol sales. Unfortunately, the previous ABC license was revoked and the site does not meet the locational criteria for an off-sale ABC license. Mr. Pulido purchased the business in 2001 and changed the name to Carniceria El Rodeo Meat Market. Mr. Pulido feels that a Type 20 ABC license will attract more customers and increase his business by expanding the services to residences and visitors in the area. He is agreeable to the Development Code provisions for a neighborhood grocery store that limits store hours of alcohol sales, display of alcohol sales area as well as restricting the types of alcoholic beverages and the size and quantity of containers that may be purchased. Conditional Use Permit No. 02-31 Meeting Date:2/4/03 Page 3 Thc Development Review Committee first heard this project on January 23, 2002 and at that time the project was moved to Planning Commission for consideration. FINDINGS AND ANALYSIS 1. Is the proposed use conditionallv permitted within the subject land use district, would it impair the integrity and character of the subject land use district. and does it comply with all of the applicable provisions of this Development Code? Yes, pursuant to Development Code Section 19.06.030 (2)(P), neighborhood grocery stores are permitted in the CG-4-SP, Commercial General, Specific Plan land use district, subject to the approval of a Conditional Use Permit. The proposed project complies with all applicable provisions of the Development Code as shown below in Table "A". T ABLE "A" - DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE , CATEGORY I PROPOSAL DEVELOPMENT GENERAL PLAN CODE Pcnnitted Use Neighborhood Grocery Permitted subject to N/A I i Store Conditional Use Penn it i Store Hours 7:00 am to 9:00 pm 7:00 am to 9:00 pm N/A , Alcohol Sales ABC Off-sales Beer & ABC Off-sales Beer & N/A Wine Only Wine Only Alcohol Display Area 75 square feet 75 square feet N/A Parking 5 I spaces 45 spaces N/A - Standard 49 43 - Handicap 2 2 ? The proposed use is cOllsistent with the General Plan. Yes, the proposed use is consistent with General Plan Policy 1.6.2. that states: "control the location and number of alcohol sales, adult bookstores and business, game arcades and other community-sensitive uses, based on proximity to residences, schools, religious facilitIes, and parks in accordance with legislative and legal requirements." Conditional Use Permit No. 02-3/ Meetillg Date:2141IJ3 Page 4 The project site is a neighborhood grocery store with restriction on store hours for alcohol sales and display of alcohol sales area as well as limitation on size and quantity of containers that may be purchased. 3. The approval o/the Conditional Use Permitfor the proposed use is in compliance with the requiremellls of"the California Environmental Quality Act. Yes, the approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act, in that the project was found to be exempt from CEQA, Section 1530 I, Existing Facility. CEQA allows for the exemption of projects in existing facilities where no major changes are proposed. 4. There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No, this project is exempt from CEQA per Section 15301. 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing andfillure land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permilled uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Yes, the proposed neighborhood grocery store is located in an existing multi-tenant commercial strip center. The proposal will operate in a manner consistent with Development Code Section 19.06.030(2)(P). Although the proposed ABC license will increase the total number of the existing licenses that are already in this Tract, it is anticipated that the issuance of an ABC license will not create any conditions that are detrimental to public health. This is because the proposed project complies with all applicable provisions of the Development Code. Furthermore, the Police Department has reviewed and investigated this request. In accordance with the Police Department, the applicant has maintained a clean operation and no evidence of public nuisances has occurred since the new storeowner has been in business. Based on this, the Police Department indicated no opposition and recommended approval of CUP No. 02-31 and compliance with the Police Department's listed conditions in Attachment D. Additionally, the proposed ABC license is located in Census Tract 0048. In accordance with the Department of Alcoholic Beverage Control (ABC), only three liquor licenses are allowed in Tract 0048. Presently, there are six existing off-sale liquor licenses in this Tract. If approved, this would be the 7th license. The site is in an over-concentrated Tract and a determination of Public Convenience or Necessity from the Mayor and Common Council will be required. COllditional C',',e Permit No. 02-31 Meelil/R Date:2/4/0J Page 5 6. Thl! suhjl!cl sill! is pln'sica//l' suilah/I! for Ihe 1)1'1.' alld dellsilvlilllellsily oluse heing proposed. Yes. the proposed project is located in an existing neighborhood groeery store. There are no physical characteristics or constraints applicable to the site that would prevent the proposed use on the site. In accordance with business license records and building permits. the grocery store was first occupied in 1981. " There are w/I!quare provisiolls.for puh/ic access, IVa/er, sallila/ioll, and public ulililies alld services 10 Cllsure Iha/ Ihe proposed use IVould lIot be delrilllenlallo puhlic healrh and safcl)'. Yes. public access. water, sanitation and other public services were established with development of the existing grocery store. This proposal docs not affect these services. CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit. RECOMMENDA no"l Staff recommends that the Planning Commission approve Conditional Use Permit No. 02-31 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C) and Standard requirements (Attachment D). Respectfully Submitted, 'j 11---. In :J~'-l \\t.~ \ .Ll ,\,K,.. . James G. Funk Director of Development Services ----..~ . /_.. _,---r- -"-",,.. / --, Aron Liang Associate Planner Attachment A Attachment B-1 Attachment B-2 Attachment C Attachment D Attachment E Location Map Site Plan Floor Plan Conditions of Approval Police Department Memorandum and Conditions Site Photos ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: CUP 02-31 1J HEARING DATE: 2/4/03 NORTH ~ORO-~ II .., i be .~ " '" ~ \ r1 I .. u. 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" ~ Jj u: w 0: , '" M o ,N -j~ A TT ACHMENT C CONDITIONS OF APPROVAL Conditional Use Pemlit No. 02-31 I. Within two years of this approval. all necessary licenses and penn its must be obtained and commencement of work shall have occurred or the permit/approval shall become null and void. Expiration Date: February 4, 2005 2. 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 hannless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of 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 "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this pennit, this condition shall remain in effect if this Conditional Use Pennit is rescinded or revoked, whether or not at the request of applicant. 3. Signs are not approved as a 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 pennit from the Planning Department. 4. Signs/banners may not be placed on or over the roof or within landscaped areas. 5. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, San Bernardino Department of Environmental Health Services, and California Board of Equalization), as applicable. CUP No. 02-31 02/05/03 Page 2 6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and/or other products during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and/or other products and the gross sales of alcoholic beveragcs of the licensed business. these records shall be kept no Icss frequently than a quarterly basis and shall be made availablc to the Police Dcpartment on demand. 7. No person under the age of 21 is permitted to scll alcoholic beverages, and all staff must be trained in Responsible Beverage Service practices. R. There shall be no exterior advertising or signage of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 9. Exterior lighting shall be sufficiently and properly maintained to illuminate all areas of the exterior of the building property. A minimum of I foot candle lighting is required during hours of operation, and y, foot candle lighting after hours. No spillover of lighting is permitted. 10. All graffiti must be rcmoved within 24 hours of its occurrence. The management shall take a photograph of the graffiti and provide to the Police Department before removing the graffiti. 11. If the color of the building is to be modified, the revised color scheme shall be reviewed and approved by the Planning Division prior to painting. 12. The hours of operation arc limited to 7:00 am to 9:00 pm. 13. A maximum of75 square feet as shown in Attachment B-2 shall be pemlitted as the sales area for display or sales of alcohol. This permit or approval is subject to the attached conditions or requircments of the following City Departments or Divisions: x Police Depal1ment A~~t:::> City of San Bemardino San Bemardino Police Department Interoffice Memorandum To: ARON LIANG, ASSOCIATE PLANNER From: CSO I 1M. SOTO subiect: CONDITIONAL USE PERMIT NO. 02-31 Date: JANUARY 21, 2003 Copies: PROBLEM: On 1-7-03, I received a Memorandum from Associate Planner, Aron Liang, asking for comments regarding 1208 W. 5th St., San Bernardino. The applicants are applying for a type 20 (off-sale beer/wine) ABC license at an existing neighborhood grocery store. RECOMMENDATIONS: Approval for the Conditional Use Permit is recommended as long as the applicants are subject to the listed conditions. (Refer to attached conditions.) FINDINGS: The business is located at 1208 W. 5th St. The business is an existing market. The business is located in reporting district S1140. There are 59 Part I crimes and 167 Part II arrests in this reporting district. The business is located in Census Tract 48. There are six existing off-sale ABC licenses in this Census Tract. There are three ABC licenses allowed in this Census Tract. Area Commander Lt. Mankin was advised of this application and was asked for his input. Area Sgt. Desrochers responded. He responded stating he would request that we deny the application due to oversaturation. I brought this to Det. Rocha's attention. He spoke with Area Sgt. Desrochers and explained that the mere fact of oversaturation alone would not be enough to justify denial. Det. Rocha stated that the business is a neighborhood grocery store. Without any further evidence of public nuisances occurring, Det. Rocha recommended to Area Sgt. Desrochers that approval with conditions would be satisfactory. Area Sgt. Desrochers agreed with this recommendation. THE SBPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; UM .__.A ~AFE IO~VIIl.~~r:NT_!().Th.'lI.'.R()::r:1l2~ QU!:l.rr: ..<J~~~.E: _.. M" _.~ Page 2 ATTACHMENTS: 1. 2. Police concerns Conditions CONDITIONS 1208 W. 5th St. 1. The licensee shall be responsible for posting of signs prohibiting litter 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 exterior of the building and property for easy detection of suspicious and criminal activity. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 4. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 5. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre- packaged multi-unit quantities. 6. If public telephones are located on the premises, they shall be programmed for outgoing calls only. 7. If, in the opinion of the Chief of Police, a security guard becomes necessary, it shall be the responsibility of the licensee to provide the security at the hours to be listed by the Chief of Police. POLICE CONCERNS Location: 1208 W. 5th St. Conditional Use Permit No: 02-31 Reporting District: S1140 (Stats for 2001) Part I Crimes: 59 Persons: 21 Property: 38 Part II Arrests: 167 Alcohol related arrests: 15 Census Tract: 48 Existing off sale ABC licenses: 6 Allowed off sale ABC licenses: 3 GENERAL VICINITY: Distance to nearest: School: Mt. Vernon Elementary School 1271 W. 10th St. .8mi. Church: Our Lady of Guadalupe Church 1430 W. 5th St. .3mi. Park: La Plaza Park 6th/Mt. Vernon Ave. .2 mi. ABC On Sale Premises: Ruben's Villa 1293 W. 5th St. .1 mi. ABC Off Sale Premises: Santa Fe Liquor 1108 W. 5th St. .Imi. Distance of parking lot to residence: 1211 Spruce Prop/Prop a ~ '-- .. .' ~ "( ., '~~'.' fI:- :;.."'. :,~ ,~r l--i';~ ~ ! .~,. .,..~- --';"f o D .",-",,' ~~~;J ; .~..~ , :::: Q) > S -- z ., , l'1 , ~ .~ (/ ~ I' 'k , -"",! 'j , ~~ ..~ . , .1\~~' .f~' :;.:~. . .. " ,';1. "" ~ ,..i i; ~' Me-+:i c.. 1 ell l rl o , ~ \ N t;) ~ rfJ \ff o ~ ~ OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us February 20, 2003 Martin and Maria Pulido 10961 Stonehenge Place Riverside, CA 92503 Dear Mr. and Mrs. Pulido: At their meeting of February 18, 2003, the Mayor and Common Council made a determination 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-sale beer and wine) liquor license for Carniceria El Rodeo Market located at 1208 W. 5th Street. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, /-) , II .~J (t l <t./Lr,,---", J'(?olv...lc d - . Rachel G. Clark, CMC City Clerk RGC:ls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty