HomeMy WebLinkAbout19-Development Services
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
ORIGINAL
Subject: A Determination of Public Convenience or
Necessity to re-establish a Type 20 (off-sale beer and
wine) liquor license for an existing convenience store
located at 841 Inland Center Drive.
From:
Dept:
James G. Funk, Director
Development Services
Date:
February 25,2003
MCC Date: March 17, 2003
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 (off-sale beer and wine) liquor license for an existing convenience store located at 841 Inland Center Drive.
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Contact person: Brian Foote Phone: 384-5057
Supporting data attached: Staff Report Ward(s): 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. Ji
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Determination of Public Convenience or Necessity to re-establish a Type 20 (off-
sale beer and wine) liquor license for an existing convenience store located at 841
Inland Center Drive.
Mayor and Common Council Meeting of March 17, 2003
OWNER / APPLICANT
Mr. Giash Kazi & Mr. Roman Hossain
Kazi Financial Group
2211 Hunts Lane, Suite L
San Bernardino, CA 92408
(909) 824-1920
REQUEST
The applicant is requesting a Determination of Public Convenience or Necessity to re-establish
a Type 20 liquor license (off-sale beer and wine) for an existing convenience store located at
841 Inland Center Drive in the CG-I, Commercial General land use district.
BACKGROUND
The convenience store was originally established with Conditional Use Permit No. 87-30 for a
mini-mart with a Type 20 liquor license. The convenience store has been in continuous
operation since that time, and therefore CUP No. 87-30 has remained in effect. When the
convenience store was sold in 2002, the previous owner had the liquor licensing title returned
to the state Department of Alcoholic Beverage Control. As a result, the Department of
Alcoholic Beverage Control notified the applicant of its requirement for a determination of
Public Convenience or Necessity from the City.
The convenience store is approximately 1,692 square feet in size and sells pre-packaged foods
and beverages. The hours of operation are 9:00 a.m. to 7:00 p.m. seven days a week. There
are two employees. There are no video game machines at the store. The alcohol will be in
one cooler, and the cooler is 26'wide and 10' in depth (260 square feet or 15.4% of the store's
floor area) and 7' in height (1,820 cubic feet).
The previous owner had neglected to maintain and irrigate the on-site landscaping, and the
result has been an appearance of blight. The new owner received a landscaping permit on
February 13, 2003, in order to install new trees, groundcover, and irrigation in the setback
areas and around the store. Regular irrigation and maintenance of the new landscaping will be
required, in order to maintain a high quality appearance. No other permits or conditions are
required prior to approval of the Determination of Public Convenience or Necessity.
POLICE DEPARTMENT RECOMMENDATION
The Police Department indicated no opposition to the ABC application, and recommended
approval provided that the applicant obtains all other necessary permits.
FINANCIAL IMPACT
None. 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 for 841 Inland Center Drive.
ATTACHMENTS
A- Location Map
B- Floor Plan
C- Conditions of Approval
D- Police Department Report
Attachment A
LOCATION MAP
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Attachment B
FLOOR PLAN
Attachment C
CONDITIONS OF APPROVAL
DEVELOPMENT PERMIT I No. 02-170
1. Within two years of development 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. Phasing of project
construction/development shall be as follows:
Expiration Date: February 25, 2005
2. The review authority may, upon application being filed 30 days prior to the
expiration date and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall ensure that the project complies with all
current Development Code provisions.
3. 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), 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 permit, this condition shall remain
in effect if this Development Permit is rescinded or revoked, whether or not at
the request of applicant.
4. Construction shall be in substantial conformance with the plan(s) approved by
the Director, Development Review Committee, Planning Commission or Mayor
and Common Council. Minor modification to the plan(s) shall be subject to
approval by the Director through a minor modification permit process. Any
modification which exceeds 10% of the following allowable measurable
Development Permit I No. 02-170
February 25, 2003
design/site considerations shall require the refiling of the original application
and a subsequent hearing by the appropriate hearing review authority if
applicable:
a. On-site circulation and parking, loading, and landscaping;
b. Placement and/or height of walls, fences and structures;
c.
Reconfiguration of architectural
modification of finished materials
previously approved theme; and,
features, including colors, and/or
that do not alter or compromise the
d. A reduction in density or intensity of a development project.
5. No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use of land or structure(s) shall be inaugurated, or no new
business commenced as authorized by this permit until a Certificate of Occupancy
has been issued by the Department. A temporary Certificate of Occupancy may be
issued by the Department subject to the conditions imposed on the use, provided
that a deposit is filed with the Department of Public Works prior to the issuance of
the Certificate, if necessary. The deposit or security shall guarantee the faithful
performance and completion of all terms, conditions and performance standards
imposed on the intended use by this permit.
6. This permit or approval is subject to all the applicable provIsions of the
Development Code in effect at the time of approval. This includes Chapter 19.20 -
Property Development Standards, and includes: dust and dirt control during
construction and grading activities; emission control of fumes, vapors, gases and
other forms of air pollution; glare control; exterior lighting design and control;
noise control; odor control; screening; signs, off-street parking and off-street
loading; and, vibration control. Screening and sign regulations compliance is
important considerations to the developer because they will delay the issuance of a
Certificate of Occupancy until they are complied with. Any exterior structural
equipment, or utility transformers, boxes, ducts or meter cabinets shall be
architecturally screened by wall or structural element, blending with the building
design and include landscaping when on the ground.
7. The project shall comply with the requirements of other outside agencies (e.g. State
Board of Equalization, Department of Alcoholic Beverage Control), as applicable.
8. Prior to any future change to the existing building colors, the applicant shall submit
an application, and receive approval, for a Development Permit (Type I) from the
Planning Division.
Development Permit I No. 02-/70
February 25. 2003
9. 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 Permit from the Planning Division.
10. Maintenance of landscaping shall be required. Maintenance of landscaping shall
consist of regular watering, mowing, pruning, fertilizing, clearing of debris and
weeds, and removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
II. Installation of landscaping shall be completed within three (3) months from the date
of approval. Written acknowledgement of acceptance of this Condition shall be
submitted to the Planning Division within 15 days from the date of approval.
12. The project shall comply with all applicable requirements of the Police Department,
Public Works Division, the Building Division, the Fire Department, the Water
Department, the Public Services Department, Refuse Division, and the City Clerk's
Office, Business Registration Division.
13. The licensee shall be responsible for posting of signs prohibiting litter and loitering.
Management shall be responsible for enforcing this provision and maintaining the
area free of litter and graffiti.
14. All graffiti must be removed 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.
15. Exterior lighting shall be sufficiently and properly maintained to illuminate all areas
of the exterior of the building and property. A minimum of lfoot candle lighting is
required during hours of operation, and 1/2 foot candle lighting after hours. No
spillover of lighting is permitted.
16. No alcoholic beverages shall be consumed on the licensed premises or any property
adjacent to the premises.
17. The licensee shall be responsible for posting of signs prohibiting drinking on the
premises as stated in San Bernardino Municipal Code chapter 9.32, Section
9.32.020.
18. 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 beverages of the licensed business. These
records shall be kept no less frequently than a quarterly basis and shall be made
available to the Police Department on demand.
Development Permit I No. 02-170
February 25, 2003
19. The percentage of physical retail space devoted to the sale of alcohol shall not
exceed IS % of the retail space.
20. 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.
21. 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.
22. No person under the age of 21 is permitted to sell alcoholic beverages, and all staff
must be trained in Responsible Beverage Service practices.
23. 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.
24. The windows shall provide an unobstructed view to the inside of the premises at all
times. Window signage may not comprise more than 25 % of the window area.
25. All pay phones shall be out calling only, with no incoming calls allowed.
26. Automatic teller machines, if provided, shall be located inside the premises.
27. Video cameras and/or security guards may be required during hours of operation
and 'h hour after the business closes.
POLlCE DEPARTMENT
GARRETr W. ZlMMON - CHIEF OF POUCB
,.
P.O. Box 1559. San Bernardino. CA 92401-1559
909.384.5742
www.ci.san-bernardino.ca.ns
July 26, 2002
Mr. David Gill
Alcoholic Beverage Control Board
3737 Main Street, Suite #900
Riverside, CA 92501
Dear Mr. Gill:
The San Bernardino Police Department received the application for an ABC
license type 20 submitted by applicants, Giash Kazi and Roman Hossain, for The
No 1 Store located at 841 Inland Center Dr., San Bernardino.
The police department does not oppose the issuance of this license.
Very truly yours,
Garrett W. Zimmon
Chief of Police
LT:;qEe7
Vice/Narcotics.
ms
LEADERS IN SETIING THE STANDARD OF EXCELLENCE
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To:
From:
LT. S. KLETTENBERG /
1\..\ ~(I..
CSO II M. SOTO~~
Subject: ABC LICENSE TYPE 20 OFF-SALE BEER/WINE, PERSON TO
PERSON TRANSFER
Date: JULY 26, 2002
Copies:
PROBLEM:
On 7-12-02, applicants, Giash Kazi and Roman Hossain, applied for an ABC
license type 20 for The No. 1 Store located at 841 Inland Center Dr., San
Bernardino.
RECOMMENDATIONS:
Approval for the ABC license is recommended as long as the applicants obtain
all necessary permits.
FINDINGS:
I was assigned to investigate the application for an ABC license submitted by the
applicants for 841 Inland Center Dr. The business is an existing convenience
store.
On 7-26-02, I spoke with applicant, Giash Kazi. He said there are two
employees. The on-site manager is Cynthia Vandalop. The b'usiness is open
seven days a week from 9:00 a.m. to 7:00 p.m. There are no video game
machines.
I conducted a warrant, CDL, and record check on the applicants. They did not
have any outstanding warrants. They do not have a criminal history. Mr.
Hossain has a valid driver's license. Mr. Kazi has a suspended driver's license.
Mr. Kazi also has a failure to appear on his driver's license. Mr. Kazi advised me
he had gotten a traffic ticket and did not pay it. He said he plans to take care of
the failure to appear and get his driver's license valid as soon as possible.
I also conducted a location inquiry response. This response showed several
incidents within the past several years.
mE SBPD IS COMMITTED TO PROVIDING,
PROGRESSIVE QUALITY POUCE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE 1HE QUALITY OF UFE;
A REDUCTION IN CRIME 1HROUGH PROBLEM RECOGNmON AND PROBLEM SOLVING
" Page 2
ATTACHMENTS: 1.
2.
3.
4.
5.
Application for Alcoholic Beverage License
Individual Personal Affidavits
Interview
CDL record checks
Letter from ABC
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-hemardino.ca.us
s~'
March 18, 2003
Mr. Giash Kazi and
Mr. Roman Hossain
Kazi Financial Group
2211 Hunts Lane, Suite L
San Bernardino, CA 92408
Dear Mr. Kazi and Mr. Hossain:
At their meeting of March 17, 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 an existing convenience store located at 841
Inland Center Drive.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
Q~ /;J _ ~u.-le-
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