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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
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Valerie C. Ross, Director
Development Services
Subject: Determination of Public Convenience or
Necessity for a Type 20 (off-sale beer & wine) ABC
License for a service station convenience store
located at the northwest comer of 5'" Street and Mt.
Vernon Avenue.
Date:
July 17, 2006
MCC Date: August 7,2006
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 to support a Type 20 (off-sale beer and wine) ABC License for a service station
convenience store located at the northwest comer of 5'" Street and Mt. Vernon Avenue.
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Valerie C. Ross
Contact person: Awn Liang, Senior Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. / :3
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CITY QF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Determination of Public Convenience or Necessity for a Type 20 (off-sale beer &
wine) ABC License for a service station convenience store located at the northwest
of 5th Street and Mt. Vernon Avenue.
OWNER:
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
909.384.5057
APPLICANT:
Dick Anderson
EI Paseo Petroleum, LLC
27403 Ynez Road, Suite 218
Temucula, CA 92591
951.506.9388 .
REQUEST
The applicant is requesting a determination of public convenience or necessity to establish a
Type 20 (off-sale beer & wine) ABC License for a service station with a 3,675 square foot
convenience store and a drive-thru car wash facility located at the northwest comer of 5th Street
and Mt. Vernon Avenue (Exhibit 1, Location Map).
BACKGROUND
At their meeting of February 22, 2006, the Planning Commission approved Conditional Use
Permit No. 05-46 and Tentative Parcel Map No. 17809 (Subdivision No. 05-53) and
recommended that the Mayor and Common Council make a determination of public
convenience or necessity for a Type 20 (off-sale beer & wine) ABC License for a service
station with a 3,675 square foot convenience store and a drive-thru car wash facility.
Commissioners Coute, Durr, Morris, Munoz, Rawls, and Sauerbrun voted in favor of the
motion. Commissioner Heasley abstained and Commissioners Encisco and Powell were
absent.
The proposed convenience store will be approximately 3,675 square feet in size and will sell
dairy products, soft drinks, snacks and other convenience items. Two coolers (approximately
190 square feet total) will be utilized for beer and wine sales. This accounts for 5% of the total
floor area. The proposed service station will be a 24-hour facility, and the drive-thru car wash
service will operate from 8:00 am to II :00 pm, seven days per week. Although the service
station facility will be a 24-hour operation, sales of beer and wine will be limited to 6:00 am to
midnight.
Based on the demographics in Census Tract 0043, six liquor licenses are allowed in the area.
Currently, there are five existing licenses in this Tract. Although the tract is not located in an
over-concentrated area, pursuant to the Alcoholic Beverage Control Act, Section 23817.7 (3), the
State Department of Alcoholic Beverage Control notified the applicant that a determination of
Public Convenience or Necessity from the City is required prior to issuance of the proposed
Type 20 License.
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";~"':;Y
At the Development/Environmental Review Committee (D/ERC) meeting of January 26, 2006,
the Police Department indicated no opposition to the ABC application and recommended
approval provided that the applicant comply with the standard requirements for alcoholic
beverage sales, including prevention of loitering and limits on container sizes and quantities.
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 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 to support a Type 20
(off-sale beer and wine) ABC License for a service station convenience store located at the
northwest comer of 5th Street and Mt. Vernon Avenue.
EXHIBIT
I. Location Map
EXHIBIT 1
CITY OF SAN BERNARDINO PROJECT: PCN Request
PLANNING DIVISION
LOCATION MAP
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HEARING DATE: 817106
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ \') ~ DG Item # \ g Res?lutlOn # ~ 000 . J- '/ ~
Vote: *AyeS~ Nays ~ Abstam~ Absent ~
Change to motion to amend original documents 0 Compamon Resol~
~?rlCl \}Jo..Yl:L C D~(\ckL ~Qi:-V(A[G\!'fcl:
Null/Void After: days /
Resolution # On Attachmen~
PUBLISH 0 POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor: Z 0
Date of Mayor's Signature: ~
Date ofClerklCDC Signature: ~
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on StaffRepo~
Date Memo/Letter Sent for Signature:
1" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985,8234,655,92-389): Yes No By_
Copies Distributed to:
Animal Control
o EDA
o Facilities
~ t~(\9-.... Finance
o Fire Department
o Human Resources
o Information Services
o Parks & Recreation
~ V ~!l6'It\,[{[~olice Department
o Public Services
o Water Department
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\ G\. City Administrator
~ City Attorney
Code Compliance
Development Services
Others:
Notes:
Ready 10 File: _
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Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum zro~! ~,':,.. i J ~.; 3: 21
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 10, 2006
YOUR COPY
TO:
Lernuel Randolph, Director
Parks, Recreation & Community Services Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-282
At the Mayor and Common Council meeting of August 10,2006, the City of San Bernardino
adopted Resolution No. 2006-282 - Resolution authorizing the Director of the Parks, Recreation
and Community Services Department to execute an amendment to an agreement with the San
Bernardino City Unified School District to extend the term of the agreement from July 1, 2006
through September 30, 2006, to provide contractual services for seventeen (J 7) CAPS before &
After- school Recreation Programs at school district sites,
Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL contract to the City Clerk's
Office as soon as possible, to Dodie Otterbein. Please retain one duplicate agreement for your
records and forward the remaining fully executed copy to the other party.
Please be advised that the contract will be null and void if not executed within 120 days
from the date of adoption, or returned to our office by December 5, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator at ext. 3215. Thank you.
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UCmcLVLI j tcdt i1lu
Sandra Medina
Assistant to the City Clerk
Signe
e above mentioned documents.
Date:
"Please sign and return