HomeMy WebLinkAbout32-Development Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: February 5, 2001
Subject: Conditional Use Permit No. 00-
15 and a Determination of Public
Convenience or Necessity for an Alcohol
Beverage Control Type 20 license for the
Carniceria La Famosa Market located at
397 W. Highland Avenue.
From: James Funk, Director
Dept: Development Services
MCC Date: February 20, 2001
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council approve Conditional Use Permit No. 00-15 and
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) license for the Carniceria La Famosa Market located at
397 W. Highland Avenue.
-~J~
Contact person: In" R"II<lnrli
phnnp' ::IRA-fiOfi?
Supporting data attached: Staff Report
Ward: ?
FUNDING REQUIREMENTS: Amount: N/A
Source: (Accl. No.)
(A~~t niOc::r.rirtinn)
Finance:
Council Notes:
Agenda Item No.
~
~/;J.O/O)
CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Conditional Use Permit No. 00-15 and Determination of Public
Convenience or Necessity for a Type 20 Liquor License for Carniceria La
Famosa Market located at 397 W. Highland Avenue.
Mayor and Common Council Meeting of February 20, 2001
OWNER:
APPLICANT:
Trond Ingvaldsen, V.P.
Standard Insurance Co.
1100 S.W. Sixth Avenue
Portland OR 97204
(503) 321-7960
REQUEST
Frank Telles
Frances Telles & Co.
1202 Beryl
Mentone CA 92359
(909)-857-0625
The applicant is requesting approval of a conditional use permit and a determination of
public convenience or necessity to establish a Type 20 liquor license (Oft-sale beer and
wine) for the Carniceria La Famosa Market located at 397 W. Highland Avenue. The
neighborhood grocery store is approximately 3,400 square feet in size, and sells fresh
fruit, vegetables, meat and fish and prepares food on site. The grocery store is open 7
days a week from 7:00am through 10:00pm.
BACKGROUND
This application is being filed in conjunction with Development Code Amendment No.
01-01. If approved, Development Code Amendment No. 01-01 will establish
neighborhood grocery stores (with or without alcohol sales) as a permitted use activity
in various commercial land use districts, including CG-1, Commercial General, subject
to a Conditional Use Permit.
At its meeting of January 23, 2001, the Planning Commission recommended that the
Mayor and Common Council approve Conditional Use Permit No. 00-15, and make a
determination of public convenience or necessity. Commissioners Derry, Durr, Enciso,
Garcia, Lockett, Sauerbrun, Thrasher and Welch voted in favor of the motion.
Commissioner Ramirez was absent.
POLICE DEPARTMENT RECOMMENDATION
The Police Department has indicated that they will not oppose the ABC application and
provided Conditions of Approval included as Attachment E in the Planning Commission
Staft Report (Exhibit 1 ).
FINANCIAL
The applicant submitted an application and the applicable processing fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council approve Conditional Use
Permit No. 00-15 and determine that the public convenience or necessity is served
based on the Findings of Fact in the Planning Commission Staff Report and subject to
the Conditions of Approval (Attachments D and E) and direct the Planning Division to
prepare a letter for the Department of Alcoholic Beverage Control for a Type 20 liquor
license for 397 W. Highland Avenue.
EXHIBITS
1. Planning Commission Staff Report
2. Letters received concerning the project
Exhibit 1
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 00-15; Public Convenience or Necessity
4
01123/01
2
OWNER:
APPLICANT:
Trond Ingvaldsen, V.P.
Standard Insurance Company
1100 S.W. Sixth Avenue
Portland, OR 97204
Frank Telles
Frances Telles & Co.
1202 Beryl
Mentone, CA 92359
REQUEST/LOCATION:
A request for approval of a Conditional Use Permit and a finding of Public Convenience or
Necessity, to allow the off-sale of beer and wine through an Alcohol Beverage Control (Type
20) license from an existing neighborhood grocery store. The project is located in an existing
commercial retail multi-tenant center at the southeast corner of 'D' Street and Highland
Avenue in the CG-I, Commercial General land use district.
CONSTRAINTS/OVERLAYS:
. None
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15301, Existing Facility
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
. Approval
. Conditions
o Denial
o Continuance to:
Conditional Use Permit No. 00-15
Hearing Date 01/23101
Page 2
REQUEST AND PROJECT DESCRIPTION
This application is being filed in conjunction with Development Code Amendment No. 01-01.
If approved, Development Code Amendment No. 01-01 will establish neighborhood grocery
stores (with or without alcohol sales) as a permitted use activity in various commercial land use
districts, including CG-l, Commercial General, subject to a Conditional Use Permit. This
request for approval of a Conditional Use Permit and a finding of Public Convenience or
Necessity, will be under the authority of Development Code Section 19.06.020 Table 06.01
(1)( 11), to allow the sale of beer and wine for off-site consumption through an Alcohol
Beverage Control (Type 20) license from an existing neighborhood grocery store.
The project site is located in an existing commercial retail multi-tenant center at the southeast
corner of 'D' Street and Highland Avenue in the CG-I, Commercial General land use district.
The existing grocery store was established as a convenience store through Conditional Use
Permit No. 99-13. The store however, is operated as a neighborhood grocery store, selling
fresh fruit, vegetables, meat, and fish, and has prepared food on site as defined in
Development Code Section 19.06.030 (P) if amended. The neighborhood grocery store is
open from 7:00 am through 9:00 pm, 7 days a week. The applicant has a maximum of 7
employees (Attachment A & B).
SETTING/SITE CHARACTERISTICS
The .48 acre site is an existing multi-tenant commercial/retail site. The surrounding land uses
to the north, west and east are commercial/retail businesses located in the CG-l, Commercial
General land use district. To the south and southwest are commercial offices and multi-family
residential uses in the CO-I, Commercial Office and RU-2, Residential Urban land use
districts (Attachment B).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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 ~15301. CEQA allows for the exemption of projects that consist of
minor expansion of use.
BACKGROUND
In an Interoffice Memorandum dated September 27, 2000, the Police Department
recommended approval. The Police Department stated that if the project is approved,
additional conditions of approval should be added to the project. The conditions recommended
Conditional Use Permit No. 00-15
Hearing Date 01/23/01
Page 3
by the Police Department have been incorporated into the standard requirements for the
project.
FINDINGS AND ANALYSIS
1. The proposed use is conditionally permitted within and would not impair the integrity
and character of the subject land use district and complies with all of the applicable
provisions of the Development Code.
Pursuant to Development Code Section 19.06.020 Table 06.01, a neighborhood grocery
store with the sale of beer and wine for off-site consumption is a permitted use in the
CG-1, Conunercial General land use district, subject to approval of a Conditional Use
Permit. The proposed project complies with all applicable provisions of the
Development Code and General Plan. The sale/display area will be limited to 75
square feet.
2. The proposed use is consistent with the General Plan.
The proposed use is consistent with General Plan Policy 1.19, in that it allows for the
continued use of retail conunercial uses along major transportation corridors and
intersections, reinforcing conunercial centers to serve the needs of the residences.
3. The approval of the Conditional Use Permit for the proposed use is in compliance with
the requirements of the California Environmental Quality Act.
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.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
The project was found to be exempt from CEQA as addressed in Finding #3.
5. The location, size, design, and operating characteristics of the proposed use are
compatible with the existing and future 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 permitted uses
in the vicinity, or adverse to Ihe public interest, health, safety, convenience, or welfare
of the City.
Conditional Use Permit No. 00-15
Hearing Date 01123/01
Page 4
The proposed project is located in the CG-l, Commercial General land use district and
proposes to be operated in a manner similar to other retail uses in the area. As
described in Finding #1 the proposed project complies with all applicable provisions of
the Development Code and General Plan. It is not anticipated that the sale of beer and
wine will create any conditions that are detrimental to health, etc.
The Police Department has reviewed the proposal and recommended conditions for the
project if it is approved. The conditions recommended by the Police Department have
been incorporated in the Standard Requirements.
6. The subject site is physically suitable for the type and density/intensity of the use being
proposed.
The project site was previously developed as a multi tenant commercial center. This
project will occupy existing space.
7. There are adequate provisions for public access, water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety.
Public access, water, sanitation and other public services were established with
development of the multi-tenant center. This proposal does not affect these services.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit.
RECOMMENDATION
Staff recommends the Planning Commission recommend that the Mayor and Common Council
approve Conditional Use Permit No. 00-15, based on the Findings of Fact contained in the
Staff Report and subject to the Conditions of Approval (Attachment D) and the Standard
Requirements (Attachment E) and make a determination that issuance of a Type 20 ABC
license serves the public convenience or necessity.
Conditional Use Permit No. 00-15
Hearing Date 01/23/01
Page 5
Respectfully submitted,
Vdlwe! C" fJ#- lie, fVvV
WILLIAM WOOLARD
Interim Director of Development Services
Ca~j~/~~
Associate Planner
Attachments:
A - Location Map
B - Site Plan & Floor Plan
C - Applicant Findings for Public Convenience or Necessity
Determination
D - Condition of Approval
E - Standard Requirements
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP No. 00-15
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 01/23/01
u
NORTH
. ... I I 1- II l:
;;] bJK'K -, ~ -- ~
;;J Q .' tiil~ ~ ~' · ..~ 0 ,i<IItlU
C~ SC r.F\! , ~ 0
f 11- S \0 If') -'-ii;:;" ...{'1I ..J _ _. ~~_
. ~- . ~, ~
~ I 'I I;;
tI.. . . 0- ~"o'
~E331 . ..~ iN t,... f 'JeetS!" .;
II N r 10" ST R.~ ,- iG w e 1.1
I ::S" II , il
- ~ I '" . ~ 111~ .
. ... .. I ... I ~
~~ I It oJl' - "-:, ....1(: M""'n AI
~ ' .,..
,I IT I .,",.,:~.on ,...- ill,' r
. .... f' e::-
- '~ : ..,... I. ~
I~ ". I or i,' iE []I 12- y\.
I ~ I ,.,:
I ..- IT. -..
__._ l1jP ~ .
~ ~ALli~ - T
, oil 1 t:. \ l J~ I ~ -;= ~ ~
~I:<t I- 1-'\ ," ~ I ·
~ ~::s jl~' t..c ~ ~ ,
i ~ E. ., ~. '/". .
I I ~ I ,_ I 1 I ~~ or' ~
! . iio- ~ I ~.; I ~;~ ,:'~ . -;i-~~ ~ ,I ~-1~
!
, . il (? ~I :~lfr., 1! r ~>;~~ ~1 f'\< n 1irl ! ~~1 "
. II
I'"
I~
I~
I~
~
z
... '~~1.
~5 !
I [II
~t
,__~~__l
.1
~
~ "
-{,.:;;::. -~
':t
G:
I "11
l~l~ r
Q
lr~ '.: \l
tr~' fl 7'
\' I,
. "
,
IH II
f r'
)-
~
'L
!EB
5" .. r. ,,.
I':: '. I I
:" ~
n
~I r-
~l ,III f=J 1
ii' L'J C
~ i i;o
f, p--
i\ ~=it-
\ - "'-J _.
\~ __ _~__ __' :r:~.1:,.
7
~
~ I
,:J;:
;1
f\ ~
r
'"
<
:>
-{
~
ATTACHMENT B
,
,
I l
, I !
I ~' i
Ii'
,.
,
!tJ
,~
I~
I.
~
r
:>
Z-
t
..
.
i~
iij
I
I>
i~
i
."
. ~
"
"
-"
I
~,!" !, I
, il I
~ ~ _ ii I
il' ~, I;"~'
, --1; ~,~ 1';-' _
+--~"-1.; ~'j i~ i ~
l_'j i, n !~.
ii ~~1
"n i l
j
leB.
.
47'."/<<." ~""~;f
---'---'-'~::-X~';~:~_:--'
I
I
I
I
!$:
I{.
I'.
I
I
I
il1l
"
:0.
!l \ ~1
IZ[il~
--if
i{
.1'
!'
~
~I"hll
!~
!:<:
I> '
'7' L_
'"
I"
L;
t~~~~.=.;;~yt~::~_-- ~i
@ ~~I"~DO<:'E
4
.,---- --e-,."'.-..
I
@p,.....l:>u<;.E.i <::.....<,;E0(~>
,.....~. ~I"a
II
I~
II~:
i
.....-
,
,
.
~
Ii
;
,
$
~
.
--. ~
=-- : {
~
i
l
~r
!3
~
1"
......-.. jJ ....H~I',1'l<>
r.':...". i I!x....T "',"'t.w..,.... !
L~-+-__-------i-.-
l_______~~~_~~
C> -;;'T~",""T
--<r--~------.
..::-----t--~~~~
'O' 1.'-' ,~ .
;'~ I
.fl.,'
r~i1
'"
^~il
jn~
J~_:""";\
i1~h
->r
::
,
,
l J
" i ~ ')
~
.e Ii
"
-.t:l' ~:3.
,I i l~~
!.t,(\ 1 ~
'I~ ,i .
:r >
'. \ "
'" "
~ '2; "
~
" .
.-
1i
11
I
IL------~---~
~----~~.._-----~-_..
,.
"
,I
=-~::. ::::;::(,:,:~=--~--..-=::=---1
o-A F--t4 I c. Eo. "I~ 'I..A FAt1_P.o;.^~
~r.t:~~~~rej;- ,T"JIIe. ee;e'F eow L
"!o"l,711I&j1lJo,~O ....ve.,l.Il'1rT'l>c:l"P4,.~__~~.""l.lft:lltril.o,
~H~""AW"'D..........-.It:'_&~AlVo.-r~-r".1 _"'-1&
.ROUI'1IANA 51C71^t-lcy.....
.....~CtlITr.C-r
2.011. :...... .1"J L..::>1"I1~....,"'.,...7f7
nt.I'^)/' ; "'I~ he:> ~ "'~
I
.
ATTACHMENT C
September 19,2000
Mr. Awad Abed Awad
Carniceria La Famosa Market
397 West Highland Avenue Suites C & D
San Bernardino, CA 92405
(909) 475-1370
Planning Commission
Design & Review
300 North "D" Street
San Bernardino, CA 92418
Dear Ladies and Gentlemen of the Planning Commission:
My name is Mr. Awad Abed Awad, and I own La Famosa Market situated on the comer
of West Highland and "D" Street in the City of San Bernardino.
Soon your commission will read, discuss and vote (perhaps positive), the issuing of a
beer and wine license for my store; known as a type 20 off-sale license.
At issue is the interpretation of a particular code. It must be conveyed for or against me!
I am 23 years old and have been involved in the market business with my family since I
was ten years old. I have learned how to struggle and make ends meet and know the
value of hard work.
This is my first business venture on my own with my own money and family monies "all
tied up in the market" I worry, worry and worry. So now I come to you for help!
The future of my store and the gainful employment of seven individuals and the service
that I provide to low income families is at stake.
Twenty five percent of my customers don't have transportation and appreciate the
convenience ofwaIking distance to my market. My market has a meat department,
produce section, hot food buffet kitchen and groceries. Our hot food kitchen is essential
to the local senior citizens that live nearby. They buy freshly prepared nutritious meals at
affordable prices.
How many times have you gone to a super market and when you didn't fmd an item that
you wanted, left the your shopping cart (full of items you want) behind and hopped over
~,
to the next super market to purchase everything at once. This happens to us frequently
because of the fact that we don't sell beer and I am losing a lot of business because of it.
Besides losses in the business my responsibilities are not that of the usual twenty three
year old encumbers. I support my wife, my parents, three younger sisters, a mortgage,
other fact of life payments and the responsibilities and stress of being a college student.
And now my future is in your hands! I hope and pray that your decisions reflect what is
good. And that your decisions are without partiality and for the good of the community
and not just for me.
Respectfully Submitted,
~ '-- -~ l,--- .~
Awad Abed Awad
Conditional Use Permit No. 00-15
Hearing Date 01123/01
Page 9
ATTACHMENT D
CONDITIONS OF APPROVAL
Conditional Use Permit No. 00-15
1. Within two years of development approval, commencement of construction shaIl have
occurred or the permit/approval shaIl 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.
Expiration Date: JANUARY 23,2003
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 that this approval is legally challenged, the City will promptly notify the
applicant of any claim or action and will cooperate fully in the defense of the matter.
Once notified, the applicant agrees to defend, indemnify, and hold harmless the City,
the Economic Development Agency, their affiliates officers, agents and employees
from any claim, action or proceeding against the City of San Bernardino. The applicant
further agrees to reimburse the City and the Economic Development Agency of any
costs and attorneys' fees which the City or the Economic Development Agency may be
required by a court to pay as a result of such action, but such participation shaIl not
relieve applicant of his or her obligation under this condition.
4. A maximum of seventy-five (75) square feet of the sales area may be used for the display
or sale of alcohol.
5. The primary business must remain a fuIl service grocery store (fresh fruit, vegetables,
meat, and fish) with food preparation facilities on site.
6. No gasoline sales are allowed.
7. The hours of operation are limited to 7:00am to 9:00pm.
8. The sale of alcohol is limited to off-sale beer and wine only, with no single sales or malt
liquors.
Conditional Use Permit No. 00-15
Hearing Date 01/23/01
Page 10
9. Periodic inspections may be required.
10. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
a. Police Department
-,
ATTACHMENT E
CONDITIONS
397 W. Highland Ave.
I. 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 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.
5. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. The licensee shall at all times
maintain records which reflect separately the gross sale of food and the
gross sales of alcoholic beverages of the licensed business. Said records
shall be kept no less frequently than a quarterly basis and shall be made
available to the Department on demand.
6. 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.
7. 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 pr-
packaged multi-unit quantities.
8. There shall be no exterior advertising or sign 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. The hours of operation shall not exceed the normal current business hours
which are 7:00 a.m. to 10:00 p.m.
-,
u~~
Exhibit 2
fD) 1'2 rr;:.> I c:: ;
tJDl5':LSi
:,)t~i 0 Ii ;"'''-..1
CITy OF SAf'i !
D~VELOPMLf>Jl
UEF-j~l-nj\4t;"j
'__LoJ
September 5, 2000
Planning Commission
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92405
RE: Carniceria La Famosa Market
Beer & Wine License
397 W. Highland Ave, Suites C & D
San Bernardino, CA
Dear Sirs:
I am the owner of a residential property located at 2120 through 2138 North "D" Street in
the City of San Bernardino. I was recently contacted by the above referenced business owner
regarding his application to sell beer and wine at the above referenced location.
After being advised that my residential property is within I 00 feet of Carniceria La Famosa, I do
not have any objections to the sale of beer or wine at the above location.
In addition, I do not believe the sale of beer and wine from Camiceria La Famosa will materially
impact the tenants quiet use and enjoyment of the property.
If you should need anything further please do not hesitate to contact me.
~Si~=IY' tn )4~L-
I,
Douglas . Koerber
4447 Belair Drive
LaCanada, CA 91011-3318
(818) 790-2773
-"
September 22, 2000
Carniceria La Famosa Market
397 West Highland Avenue
San Bernardino, CA 92405
(909) 475-1370
Planning Commission
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92405
RE: Beer & Wine License Type 20
Dear Ladies and Gentlemen ofthe Commission:
We are requesting an additional two-month extension in regards to our case being heard.
At the moment we are evaluating information concerning our cause. Please inform us if
you need any further information in our request for an extension. You may contact me at
(909) 475-1370 or my consultant Mr. Frank Telles at (909) 857-0625. Thank you!
Respectfully Submitted,
\-=_c~c,c,"'. . _ _ .r -. \___.. ,---_______
-- . _..~-~_.-._~ --.."
._---~ -----~~
Awad Awad
Owner, Carniceria La Famosa Market
cc: aalft/concerned
:)/'__c/r-I, -:<l52-
O~'FICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
~M
PO. Box 1318. San Bernardino' CA 92402
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
February 22, 2001
Frank Telles
Frances TeIles & Co.
1202 Beryl
Mentone, CA 92359
Dear Mr. Telles:
At the meeting of the Mayor and Common Council held on February 20, 2001, the
following action was taken regarding Conditional Use Permit No. 00-15 and a
determination of public convenience or necessity for an Alcoholic Beverage Control
Type 20 license for the Carniceria La Famosa Market located at 397 West Highland
Avenue:
The Mayor and Common Council approved Conditional Use Permit No.
00-15, 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-sale beer
and wine) license for the Carniceria La Famosa Market located at 397
West Highland Avenue; and that the hours of operation be changed to 7
a.m. to 9 p.m. to be consistent with the Development Code.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
ct- '';)'"
,. ,/......: ;I (
. -t<.0"-.<..~ " . CA.,......ljl(:.
Rachel G. Clark, CMC
City Clerk
cc: Development Services Department
Trond Ingvaldsen, V.P., Standard Insurance Co.
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty