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Home My WebLink About12-Development Services '. CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION August 20, 2001 OR/\r7.'/wAL Subject: Development Permit Type I No, 01-70 and a Determination of Public Convenience or Necessity for a Type 20 Liquor License for a grocery store located at 738 S. Waterman Avenue. From: Dept: James G. Funk, Director Development Services Date: MCC Date: September 17, 2001 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council approve Development Permit Type I No. 01-70 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) liquor license for a grocery store located at 738 S. Waterman Avenue. rl~ Contact person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acc!. No.) (Acct. Description) Finance: Council Notes: q 1n)1lJ Agenda Item No. J ~ " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Development Permit Type I No. 01-170 and Determination of Public Convenience or Necessity for a Type 20 Liquor license for a grocery store located at 738 S. Waterman Avenue Mayor and Common Council Meeting of September 17, 2001 OWNER APPLICANT Linbar Center, LLC 151 Kalmus Drive Costa Mesa, CA 92626 (714) 751-9071 Eun Suk Chang 738 S. Waterman Avenue Suite A,11 San Bernardino, CA 92408 (909) 370-2096 REQUEST The applicant is requesting approval of a development permit and a determination of public convenience or necessity to establish a Type 20 liquor license (off-sale beer & wine) for a grocery store located at 738 S. Waterman Avenue in the OIP, Office Industrial Park, land use designation. BACKGROUND The grocery store is approximately 2,258 square feet in size and sells fresh fruit, vegetables, meat and other market produce. Only one freezer (approximately 210 square feet) will be utilized for beer and wine sales. This accounts for 9.3% of the total floor area. The grocery store is open 6 days a week, Monday thru Saturday from 9:00 am to 8:30 pm. The previous use at the site was a specialty grocery store that had a Type 20 liquor license (off- sale beer & wine). When it was closed in January 2001, the previous owner had the liquor licensing title transferred to a different location. Based on Census Tract 0060, one liquor license is allowed in this area. Currently, there are 10 existing licenses in Tract 0060. As a result, the state Department of Alcoholic Beverage Control 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. POLICE DEPARTMENT RECOMMENDATION In a letter dated July 18, 2001, the Police Department indicated no opposition to the ABC application and recommended approval provided that the applicant obtain all other necessary permits (Attachment B). FINANCIAL IMPACT None. The applicant submitted an application and the applicable processing fee. '. RECOMMENDATION Staff recimmends that the Mayor and Common Council approve Development Permit (Type I) No. 01-170 and 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 738 S. Waterman Avenue. ATTACHMENTS A- Location Map B- Floor Plan C- Conditions of Approval D- Police Department Report E - Applicant Letter of Request F - Existing ABC Licenses Location Map '. ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: DP101-70 u HEARING DATE: 09/17/01 NORTH . .. , j c OIl lOT I y:' L- ~ . - - - t z II u ! ft It - -- " 110 . I I PIOfll[fR i ,I~~ ,~ . ..... II D r If 0 .At '4- ....... :; t MAl.' IT. IRIER DR. .. N . co or- - o ~ .. .N 0) · ~~ .. <0 . <0 or- ATTACHMENT B ODD .. = a' I '- I I u. 1 I ~ 1 CD ~ ! ~ I It: I \ It: I ! u. I I I ~I - (0 ~ C coco _0 a.~ ~O) 0(5 o - -0 LLai .....u:i ~..= ~.- CO~ ~I <c Cc ~~ .ss Q)~ Ecn O~ :c...... ATTACHMENT C CONDITIONS OF APPROVAL DEVELOPMENT PERMIT I NO. 01-070 1. Within two years of this approval, all necessary permits must be obtained or the permit/approval shall become null and void. EXPIRATION DATE: September 17, 2003 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant 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 of ED A 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 ofthe 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. 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. 5. 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 Department. All signage on the site shall be permanent. Signs painted on the sides of buildings are prohibited. 6. 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. 7. 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. 8. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 9. 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. 10. 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 ofless than six per sale. 11. 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. ]2. 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. 13. The hours of operation shall not exceed the norma] current business hours, which are 9:00 a.m. to 8:30 p.m. 14. All pay phones shall be out calling only, with no incoming calls allowed. ATTACHMENT 0 .. City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: JOE BELLANDI, ASSOCIATE PLANNER From: CSR II M. SOTS/:/1U;- DEVELOPMENT PERMIT I NO. 01-70 Subject: Date: JULY 18, 2001 Copies: PROBLEM: On 7-11-01. I received a Memorandum from Associate Planner, Joe Bellandi asking for input regarding issuance of a Development Permit I and a Public Convenience and Necessity Letter for 738 S. Waterman Ave. #A-11. The applicant. Mr. Eun Suk Chang, is applying for an ABC license type 20, off-sale beer/wine. RECOMMENDATIONS: Approval for the Development Permit I No. 01-70 and Public Convenience and Necessity Letter is recommended as long as the applicant obtains all other necessary permits. FINDINGS: The business is an existing market. There are three employees and applicant, Mr. Chang, is the on-site manager. The business is open Monday through Saturday from 8:00 a.m. to 8:00 p.m. The business is closed on Sunday. There are no video game machines. The business is located in reporting district S3090. There were 46 part I crimes and 32 part II arrests in this reporting district in 2000. The business is located in Census Tract 60. There are 10 existing off-sale ABC licenses and there is one ABC license allowed in this Census Tract. Area Commander. Lt. M. Emoto was advised of the application and was asked for his input. Area Commander Sgt. E. Lemos responded. He stated the Area Command has no objections or special conditions regarding the permits. oo~~~nw~ID 1HE SBPD IS COMMITTED 10 PROVIDING, PROGRESSIVE QUAIl1Y POllCE SERVICE; A SAFE ENVIRONMENT1O IMPROVE 1HE QUAIl1Y OF LIFE; AREDUcnON IN CRIME 1HROUGH PROBLEMRECOGNrTION AND PROBLEM SOLVING OTY OF SAN E3:::R~JARD!~,ir' m:VELOPMJ;J-lT ~~n( Il", (,~.., ",1/' v"" ,('(j I 0 V'~ / 'Re.. \-.\ Vi CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 NORTH "D" STREET, SAN BERNARD/NO, CA 924/8 . (909) 384-5057 d:,l?f: 'Z)':, Mf(~ fiiQM . ALCOHOLIC BEVERAGE SALES APPLICATION Directions to Applicant: This form must accompany your City application (Conditional Use Permit or Development Permit) for sales of Alcoholic Beverages. Fill in your name and the premises address (location) for which you are making application to sell alcohol. Take this form to: Department of Alcoholic Beverage Control Riverside District Office 3737 Main Street, Suite 900 Riverside, CA 92501 909/782-4400 Note to ABC Representative: The purpose of this form is to assist the City of San Bernardino Police Department in their investigation by providing some preliminary information and the Planning Division in determining whether the applicant will need a Finding of Public Convenience or Necessity (PCN) from the City Council. Your assistance in completing this form is appreciated. This section to be completed by the Applicant APPLICANT(S) NAME: E.v..~ SCl k c..~ Y7 ? 8- ~ W~~ A-v-e it A- -II ~ ~VV\.ClYz;(\'Y4 CA. Cf24'rJg I{OC(- <6~i>-(1'1b I q"C(-'a3<iirvl~/f(1~-~,D-12.bo { I PREMISES ADDRESS: This section to be completed by the reviewing ABC Representative Type of License (circle one)G 21 Census Tract: O()I.lJ. 40 42 48 59 61 Other: Number of Licenses Allowed: ----L- Number of Existing Licenses: I() Based on the above, the premises mare 0 are not in an area which has an overconcentration of alcoholic beverage licenses of tI0ype sought. epresentative ,~4/{j , Date S:\Planning\Planning Fonns\ABC Application .-' CITY OF SAN BERNARDINO Department of Planning and Building Services Aoolicant Pro,posed Findinl!s of Public Convenience or N........ity Directions to the AWlicant; Complete this form by providing Findings for why your alcoholic beverage sales license is ne<'.tssary for the Public' s Convenience or Necessity . Use additional sheets if nece'SSary. It is important you take great care in providing the reasons you believe your sales license is necessary to the public' s convenience or necessity since approval or denial of your request may be based on the reasons you provide. (please print or type) ~ tiu ~2'~ [5 'Jfu0 ~ ~~ ~ ~. ~,.,~6. 6f<v1(~ ~.Q., ~.IJ:,A ~, ~ ~ ~~if;...~liRA ~ ,~~ 'UJ , ~ II.ti.'1, ti., J 1---- A r( j fA.- L -- ""',' f- ~. , 9' l5~ ~ ~ aKA ~ ~~l: tL .p~A!d..l vJk1 ~ b, ~,fj tL~.1 ~ ~ ,VVlA'1A,v....J~ 6- -1r ~ p tL-I ~ , , MY4- n",,:". ".- 11 ~,~. d.A rf-J- ~. l;J~J ,')-/ ~ ~ bo ~ , ~~, { e"-" ~J", r~~~ , - ATTACHMENT 'F' Joo... "'"" p F ).ANFFIIPF U co,"", S "", i "'J( \ - "o,,~ OT '0' ".J! D~ T HA ' 0"0' ARD P , "., ,.v ~ i>- o,,~ ~ ~ ~ ~ 00. \l ~ ,. ~ I ~ """' -- , ~ .. VT "".. ~." mo" 1 ~ ~ ~ OEI.I ~ "0=' .ll~ >= ESQN '0'.0" ,.,. JEFF CElm ~ ~ ~ o "'CE R<"<n'~ G R<", '"'OT B~ ~ ~ k - ,~",L no..,O. ."o~ t in > ~ ~ ) "',", ,. SH( CIs._"" 7TII- AU loe<, ,,,--- SHO H ~ Y ='<0 ~ ( - '^ ~ BUSlNJ:~<>" J:NTER L J '/ i ( - 0 , p " on., ,,~ :s....~ ~ " ....---: :: I ~ Legend: . ABC OFF-SALE ~ LICENSE -#" J h TS:o. ..,. N ,- - . Ci ty of San c~~t}J~I~~g~ 20) Licenses- 08-30-01 I. II. 9-17-0/ 12.._ / '. OFFICE OF THE CITY CLERK RAclIEL G. CLARK, CM.C. . CITY CLIlllK P.O. Box 1318. San Bernardino' CA92402 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.ci.san-bernardino.ca.us September 19, 2001 Eun Suk Chang 738 S. Waterman Avenue, Ste. A-ll San Bernardino, CA 92408 Dear Mr. Chang: At the meeting of the Mayor and Common Council held on September 17, 200 1, the following action was taken regarding approval of Development Permit (Type 1) No. 01-70 and determination of public convenience or necessity for a Department of Alcoholic Beverage Control Type 20 liquor license for 738 South Waterman Avenue: The Mayor and Common Council approved Development Permit Type 1 No. 01-70 and 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) liquor license for a grocery store located at 738 South Waterman Avenue. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ~J.Jh.~ Rachel G. Clark, CMC City Clerk RC:lh cc: Development Services Unbar Center, LLC, 151 Kalmus Drive, Costa Mesa, CA 92626 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty ~:-.-;"~::~~::"":. ""i ........~"::; . I -' , "".....Ljj '" J! ,. .... '" ~ l.~ to"~, ~ ,.~. ~\ 11', ~ r.:. ~,. -. - .,;. - '-' - ::,",'. ;",; - .Z' .::-' - ~ - =:: ~ =-- - - .=-~ - ~~v \~ " .g ~ n 8 H 11. ::l n t-< t>1 ~ 0"'''' >~8 '<0 ..,trlZ ...." 0 - ~ ~ 00 " '" , e; or S< '" . :::; s t1 _ 0 . '" q " ~ .> , "~Ito!m ,_ ' ..:....ss " = ~ ;: '" ... '" ;0 = c:: " i" ~ P .. ~ 0 (.N -, t-..) .;J 0> \"" :lo ,,,~~...,:"~ " -, .. ' ... -...!.~... - ....... c: p-_/ ..-W n.....t-< OV>H "'.....21 ~ '" ~g~ ",t3t>1 ~"'z ,W. ~e ~ n 0> ,,-., ~>