HomeMy WebLinkAbout19-Development Services
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
C,... ,-
; ; I .'_ .
· f
, ..
Subject: Determination of Public Convenience or
Necessity for a Type 20 Liquor License for the
HigWand Chevron gas station with a convenience
store located at 2505 East HigWand Avenue.
From:
Dept:
James G. Funk, Director
Development Services
Date: NovernberS,2oo1
MCC Date: December 3,2001
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 the HigWand Chevron gas station with a convenience store located at
2505 East HigWand Avenue.
~~
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 4
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item NO.--l!I---
J2/,jbJ
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Determination of Public Convenience or Necessity for a Type 20 Liquor License for
the Highland Chevron gas station with a convenience store located at 2505 East
Highland Avenue.
Mayor and Common Council Meeting of December 3, 2001
OWNER
APPLICANT
Lawrence Cheng
2505 East Highland Avenue
San Bernardino, CA 92346
(909) 425-5283
Cabral & Company
300 Carlsbad Village Drive
Carlsbad, CA 92008
(760) 815-6036
REQUEST
The applicant is requesting a determination of public convenience or necessity to establish a
Type 20 liquor license (off-sale beer & wine) for the Highland Chevron gas station with a
convenience store located at 2505 East Highland Avenue in the CG-l, Commercial General, land
use district.
BACKGROUND
The Highland Chevron gas stations convenience store is approximately 2,660 square feet in size
and sells bread, dairy products, soft drinks, snacks and lottery tickets. Two coolers
(approximately 270 square feet) will be utilized for beer and wine sales. This accounts for 10%
of the total floor area. The facility is a 24-hour/day operation with a maximum of 2 employees
per shift. Although Highland Chevron facility is a 24-hour operation, the sales of beers and wine
will be limited from 6:00 am to midnight. The public convenience or necessity determination is
required because six off-sale licenses have already been issued in Census Tract 74.05. More
than five off-sale licenses requires that the City Council make a determination of public
convenience or necessity to establish a Type 20 license. If approved, this license would be the
seventh in the Census Tract.
At its meeting on October 16,2001, the Planning Commission approved Conditional Use Permit
No. 01-17 and recommended that the Mayor and Common Council make a determination of
public convenience or necessity for a Type 20 liquor license for Highland Chevron facility.
Commissioners Durr, Enciso, Garcia, Lockett, Ramirez, Sauerbrun, and Thrasher voted in favor
of the motion. Commissioners Derry and Welch were absent.
POLICE DEPARTMENT RECOMMENDATION
In an Interoffice Memorandum dated October 3, 2001, the Police Department indicated no
opposition to the ABC application and recommended approval provided that the applicant
comply with the Police Department listed conditions in the attached Planning Commission Staff
Report.
FINANCIAL IMPACT
None. The applicant submitted an application and the applicable processing fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council approve 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 Highland Chevron
facility at 2505 East Highland Avenue.
EXHIBITS
A- Location Map
B - Planning Commission Staff Report
C - Applicant Letter of Request
D - Existing ABC License Locations
EXHIBIT A
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP NO. 01-17
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
HEARING DATE: October 16. 2001
1J
NORTH
A~ :NC
i C t'I 0
j
a
~C6r
lJ
!
'"
.
...
eo II "Nil 0
M'."
..._...~.......
z
o
'"
L
_1
EXHIBIT B
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No.O 1-17
2
October 16, 200 I
4
OWNER
Lawrence Cheng
2505 E. Highland Avenue
San Bernardino, CA 92346
909-425-5283
APPLICANT:
Cabral & Company
300 Carlsbad Village Drive
Carlsbad, CA 92008
760-815-6036
REQUESTILOCA TION:
A request for approval of a Conditional Use Permit to add an Alcohol Beverage Control
(ABC) Type 20 (off-sale beer & wine) License at an existing 2,660 square feet gas station
with a convenience store located at 2505 E. Highland Avenue, in the CG-l, Commercial
General, land use district and the Freeway Corridor Overlay.
CONSTRAINTS/OVERLA YS:
Freeway Corridor Overlay
ENVIRONMENTAL 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:
( litiona/ Use Permit No. 0/-17
..,eeting Date: October 16, 2001
Page 2
REOUEST AND LOCATION
A request for approval of a Conditional Use Permit under the authority of Development Code
Section 19.06.030 (2)(B)(l) to add an ABC Type 20 (off-sale beer & wine) license to an
existing gas station with a convenience store located at 2505 E. Highland Avenue, in the CG-
I, Commercial General, land use district (Attachment A & B).
Highland Chevron is a gas station with a convenience store in an existing 2,660 square foot
building. The applicant is proposing to add a Type 20 (off-sale beer & wine) License. No
building modifications are proposed as a part of this project. The facility is a 24-hour
operation with 4 people with a maximum of2 employees per shift.
SETTING/SITE CHARACTERISTICS
The .84 acre site is irregular in shape and is located on the southeast corner of Highland
Avenue and the Freeway 30 westbound Highland Avenue off-ramp. The surrounding land
uses to the east is a multi-tenant center with a fast-food restaurant in the CG-l land use
district. To the south is Freeway 30. To the west is the Freeway 30 westbound Highland
Avenue off-ramp and to the north across Highland Avenue is Coco's Restaurant and a vacant
lot. A similar existing gas station with a convenience store is located to the northwest on the
northeast corner of Highland and Arden A venues.
CALIFORNIA ENVIRONMENTAL OUALITY 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 S 15301 for an existing facility. CEQA allows for the exemption of
projects in existing facilities where no major change are proposed.
BACKGROUND
This is a second request for an ABC Type 20 (off-sale beer and wine) license at this location.
On August 6, 1996, Conditional Use Permit (CUP) No. 96-05 was approved to allow the
applicant to establish the Highland Chevron gas station with a convenience store. The request
for an ABC Type 20 license was withdrawn because the Police Department had expressed
their opposition and that the location was in a high crime area.
In Census Tract 74.05, five liquor licenses are allowed. Presently, there are six existing off-
sale liquor licenses in this Tract. The site is in an over concentrated Tract and a determination
of Public Convenience or Necessity from the City will be required.
The Police Department has reviewed and investigated this request. In accordance with the
Police Department's reporting statistic, crime activities in this area have been dramatically
reduced from 1995 to 2000. Based on this, the Police Department indicated no opposition to
the ABC application and recommended the applicant adhere to the Police Department's listed
conditions (Attachment D).
( iitional Use Permit No. 01-17
...eeting Date: October 16,2001
Page 3
FINDINGS AND ANALYSIS
J. The proposed use is conditionally permitted within the subject land use district
and would not 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)(B)(I), establishments with
ABC off-sale license are allowed uses in the CG-l, Commercial General, land use
district, subject to the approval of a Conditional Use Permit. The proposal will
provide a service and convenience to residences and visitors in the area. The proposal
would not impair the integrity of the area in that the conditions of approval from the
Police Department such as signs prohibiting litter and loitering and limiting the single
sales of beer or malt beverages will continue to govern and protect the area and
surrounding neighborhood. The proposed project complies with all applicable
provisions of the Development Code.
2. The proposed use is consistent with the General Plan.
Yes, the proposed use is consistent with General Plan Policy 1.19, in that it allows for
the continued use ofretail commercial uses along major transportation corridors and
intersections, reinforcing commercial centers to serve the needs of the residences.
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."
3. The approval of the Conditional Use Permit for the proposed use is in compliance
with the requirements of the California Environmental Quality Act (CEQA).
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 15301, Class 1. CEQA allows for the
exempt of projects in existing facilities where no major change 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, as noted in Finding No.3, this project is exempt from CEQA.
( iitional Use Permit No. 01-17
. .eeting Date: October 16,2001
Page 4
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 the public
interest, health, safety, convenience, or welfare of the City.
Yes, the proposed project is in an existing gas station with a convenience store
located in the CG-l, Commercial General, land use district. The proposal will
operate in a manner similar to other commercial uses in the CG-l land use
district. It is not anticipated that adding an ABC license will create any
conditions that are detrimental to public health. The proposed project complies
with all applicable provisions of the Development Code for site design and
parking.
In addition the site has been designed with proper levels of interior and exterior
lighting for safe operations. Store employees are provided with a clear view of the
fuel pumps and across the property at all times. The site maintains a clean
environment. In addition, the applicant proposes to limit the hours of alcohol sales
from 6:00 am to midnight as well as restricting the types of alcoholic beverages and
the size and quantity of containers that may be purchased.
6. The subject site is physically suitable for the type and density/intensity of use
being proposed.
Yes, the project site was previously developed as a gas station with convenience store
through approved CUP No. 96-05 on August 6, 1996. As mention in Finding #5, the
existing gas station with a convenience store complied with all applicable provisions
of the Development Code for site design, parking, and landscaping at the time when
the gas station was first occupied on August II, 1997.
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.
Yes, public access, water, sanitation and other public services were established with
development of the gas station with convenience store through approved CUP No. 96-
05 on August 6, 1996. This proposal does not affect these services.
(' iitional Use Permit No. 01-17
. . "eting Date: October 16,2001
Page 5
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit.
RECOMMENDATION
Staff recommends the Planning Commission:
Approve Conditional Use Permit No. 01-17 based upon the Findings of Fact contained
in this Staff Report and subject to the Conditions of Approval (Attachment C).
Respectfully Submitted,
~1~rJP
James G. Funk
Director of Development Services
,
Aron Liang
Associate Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan, Floor Plan and Elevations
Conditions of Approval
Police Department Memorandum and Conditions
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP NO. 01-17
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
HEARING DATE: October 16, 2001
1J
NORTH
IlL.o:*!':N"C:
; C I" 0
z
o
z
L
I
" ~
~
!
'"
.
... 1
1""'01110
""" -.
... .-..............
, I
r. i .
f L. -
I
<
z
..
-'
..
z
"
Vi
..
~I
~I
:II
0'
~l
-!
!J
l
. ,r
h "
u
"
I o. -1' : .
~-- ' '
. "..;;.,;..
'"
I
~ .._ _n___
~~
/
'I',
;:
!
I 1
I:
: u-
c...
.
l'
. -
. .
I'
. '
~ Ii
. ,
l
r I
. '
LJ
I
I
1
!
i I
Ii i
" . SO
;: ~ i'
~_l
H' ----D
I,
. .
I' .
. .
i :!-<~
. r
"
..
--:....:... . I'
,=-:=.... --
--"-'
.j
" '. ~
.
:
I
;
I
,
_._~-
g, I~! ,: '. ~'ITII
! j i ' ~; "I !
~ i l H ,'i ~ill Jl' I o'
J I ~ S:. ~ ..:l '
. II :r 1/ "18
~"' ;/'1: Ii '; ~
_ ! il:\'
:.:: :61' II ll: i
l I I i~ I ..
~ I
----
-..
---.~
'\
i I
I'
'II
'II
II
II
i:
.1
I:
I
!V1lI:
I\~U'I
I.
! I
Ii: ;
'I: Ii
- .
, ,
! i 'I ~
1- i
U~
ij,
; ,
i.
'i.
II
t
'1
II
i I
1
L.
.
!
_'M.o.
. i ~ if I \
.' H.j: I, ~l L
~ : :::.;. J; _.! -'1'
I Ii! :q:; i-I' ,
: : ! I :, Ji ., l 8'1
~l .! ~i Ii = ~:11!:
0: ; ~ .. t ..
!li I;' I j"ijl \ , ~
... i~. II~ I .
-. I~I "I
I
I ' I' j.1
' II!,:' Ii) 'III'::!'!';.I
"ill" "'!i, h
!"!Ii;j !Il ',!;i :111; IHI
. I, I" . '! .1. "j"
il', '!;' hl;,'jl
1"1 "'1' 'I' ' ..
' III I' ;!~I ,i 'I r =1. ',Hi!
" 'I" "I!' ,! 'I"', .,"
.:.i, ~ I I: I Ii . "It'l
! 1!i!!!-llj11i'l ~li~hlfilll
. 'l'i;~ "1'1';' Il'j"!.!:;j',
.= 1~1:1'111 'I";~', ;;:!,!,I!'",
.1 I 0_" ......_1.1.,
':iO'" "':"~I"ln:t"'!;.
:i,:!:ll ~ii;i;li!;l j;,l,jillh;i
Ifill l ,.,"_','1 -- 1/"/ li!!li! II'l'liiili!;;t','I!; I
III il -- ",I,., ..,.
11. . . "I _ / /
Jl:~' - I~:-t~ I '-I~ / I' / '
i" i~[Jj "---; ~ f~, .''''~r' ";'.:'; /.' 7~i
"---=t ''"-- - :J~~t:J ~, , Ll.j, /
!: I' - = 1=,,-; __.:J ! ! 1.'!IV ~ /
It . fi ! I~--:a. ,. -r .J / ,/
.,' ,-.- 1 1,-:: - I. .... I !l,:. IIL../
I , Ii' ., . ____ / :.~':"
.1 . 't......- - j" i I .- / ,'i: ~I'.'
'1' ': j . I - ,,!. 0;;,/
~.,;;;~-1J: 7 !--.= /,,' i;-' /' /
.~. Q.- r-r-rr-n',...:..O' /
"i ']'--:'- l~:!lliJ~!",</I; // ;/
" ..! .- ..
' .. ',., , "I
,I -,.-1" < ,! '. / .' /
I . ., _ ,
~_____ ' .... ,:. I ..... . /
';,," /'
. /~/ /
- /
......--- /
.1 \ _____---
" -----"
! ..
I i
..I
~I
o
>1
a::
oC'
:I'
:II
:>'
rn
, . I II!!
'~ !; I; i i ji I
!l. i i Ii il: '!,;! I
. 'l, :~I "1 ii !Iia', I I'
:i It., _I I :.
. . . II" I' ,.1. 'I I
. ',.~ ;." I ~lli i ;!;!! ~I . e
. ", , . I n, I'
t t. :!l: II ; I : i !I 'I ';\:1 II 'j
;, ,i Ii. .1 ~ , Ii, i i ! i ,i I. I:". a I . .
!\l!;l'j llllllllld III
i
I ! .
~ II i
/
"
i.1
~i
J.:
",' ~..
... :
'. I
.!; H
"
I
..
oC
:I
>
t.
!ii
Ul'
;';
/
I
I
_.J
.'
I
.....'1
.,
"
!l
I
r'
-/I!1
/,1.
~
I'
III
II.
I
1'1
"
h.
._--
I
.
II
, ,
'I
I,
I,
, .
.~.
" .
III I I
I "
- ......
-l _.
lJ
..
l'
I
. II
'I:
.'
"
~I
i!
It.
I
.
I
~~I
J-1;J
~-.
,I
"
II ,
Ii
i
!
Ii
!
~
il
'1"
, :.
illl!
~.Ih
~~
I!
I ;1
k€~
I "-
I
:!:
""
""
,'7..
....!.-.
i
II
. 'e [III
n . I~. I, 1
:::: ~'r' J .'. q , 1_
!!: ..., In'
. ~ r : I . ~
..', II: .1 J . n SI I'
- ~r, -1'-:
~ i;, . J ':,
W: 81i Ii 'm Ii
IE
-Gr-- -lJl
..-
""
-c:P.t-.-.-. ~'
ld
I lh
EI'
I!l
-C>>.-- -~l I
!! II
, I I I
;;; --.----0.- :~:-_;j1'" '~-I--1 I
Jl: '1'--_.____. I I
L7-- - :~~JJ
~ ~L.J--'''1
_:.:.. I ...
I ~ ~~.
...
co::
co::
i
-
I -.---
I ..=I~';~;T"
I , !~
I ~I .~
, . I:
.' I !Fl'
" ii
p 'I \~i
,. f.
.. Ii ., II ~l
i: ii I. :t ....
-:i ~I
, I ,
I
" L
, ,
s ~ L t
,
I It
J'. I
,
, ,
I ::-~ j
I I t:: .....;-..
I , ~
I L...:"', '"
I .
~ 1"-,-:', .
~l -
I "
. I
~
I
...:....
- ~
.
-
'\
V "ll
r- III
H,/\ nl
.n
,I \ J
,I
l \/
~
"
I
j;
,;
I~
"
.f
..J
z
-
,
'1'
iI
.,
IL I-
-
I I 1
:, I, h h Ii
II \.
" II ,: " ,I
I, ,.
0 I d ,!
i ,. 11 Ii
i J
1,
I.
I'
. I'
l!
.' ,I
"/ il
;,
I,
~
~
~
I
.. . .
.....
z
1Irr...~"~, j
~ t: I ;
in:
Hli l !I
Ill:! __ .i'
I .,....
1. .. .,...:
I
I.. :
I I ,
I "
" II !
I" ; !
i: ,
h .' 1 !
.' :' i ,
Ii ., .
l' ii ,
L j
1
, ~
- I'
r- ,I
EFh~
~-..
,
" ., "',J
!
i
I !
I, " h
Ii .,
"
Ii I' If
,. II "
l' " i\
i L
I
J. I
I
'PI
t:.. !
..',
II"
H' I
ct
I i
!
,
!
"
t
l
p. ~j, 1= I 1
: ~! ~l'l' I'llll
:; :.. c... :: I
; I! =I! i'I';
: . I ~ it I'" :
HI' I'r.
::: iei I' ~~
__, . 1& .i.
f I iT
I
I
i--
.
.
~
i
!
.
,;
'I
!t
Ii
I
.
,.
,
r
.
i
i
z
o
;:
..
>
..,
cr:;
0'
zl
ATTACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Permit No. 01-17
1. 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 Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
2. 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.
3. 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.
4. 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.
5. A maximum of two hundred seventy (270) square feet of the sales area may be
used for the display or sale of alcohol.
6. The sale of alcohol is limited to off,sale beer and wine only, with no single sales
or malt liquors.
CUPO\,\7
October \6, 2001
Page 2
7. The hours for sale of alcohol shall be from 6:00 am to midnight only,
8. This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
x
Police Department
ID:
OCT 05 '01
13:10 No.OOl P.02
City of San Bernl1rdino
San Bernardino Police Department
Interofficc Mcmorandum
From:
ASSOCIATE PLANNER ARON~I NG
CSR II M, SOTO ,.J n<::l--
/ ' '
To:
Subject:
CONDITIONAL USE PERMIT NO, 01-1~, HIGHLAND CHEVRON
2505 E, HIGHLAND AVE.
Date:
OCTOBER 3, 2001
Copies:
PROBLEM:
On 9-13-01, a Memorandum was sent to me from Associate Planner, Aron Liang.
asking that I conduct an Investigation and complete a .pollce concerns. form for
Conditional Use Permit (C.U,P.) 01.17, This C,U.P. Is for Highland Chevron
located at 2505 E. Highland Ave, The applicant, Lawrence Cheng, Is applying for
an ABC License Type 20, off.sale beer and wine.
~eNpATIONS:
Approval for the Conditional Use Permit is recommended as long as the
applicant Is subject to the listed conditions. (Refer to attached condlttons,)
FINDINGS:
The business Is an existing gas statton/convenience store. There are six
employees and Shalen Singh Is the on,site manager, The business Is open
seven days a week, 24 hou....
The business is located In reporting district 82210. The statlsttcs for 2000
showed 54 Part I crimes and 12 Part II arrests, The business Is In Census Tract
74.05, There are six existing off-sale ABC licenses and only fIVe are allowed In
this Census Tract.
I sent an e-mail to Area Commander, J, Breiten, asking for his Input prior to our
recommendation, He responded that he has no opposition to the Issuance of the
C.U,P. and also recommends the listed conditions.
Tflll SlIl'O IS COMl4m'1!P 10 I'AOVlDING:
1'I\OG\\P.5SIV1! QUAUIY POLICIl5l!llVlCE;
A SAn 1!NVII\0000000rm lIoU1\OVl! 11m QUAU1YOI'LIPE;
AIlI!DtX:l'DolINCIIIIofJl 'IllI\ClUGH mom.1'M I\OCOGNITION MlP!'ll.Oll1DI SOl.VING
1D:
Page 2
ATTACHMENTS: I,
2.
3,
OCT 05'01
13:11 No.OOl P.03
Memorandum from Associate Planner Aron Liang.
Conditions.
Police Concems form.
ID:
OCT 05'01
13:11 No.OOl P.05
CONDITIONS
2505 E. 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 property maintained to illuminate
all areas of the exterior of the building and property for easy detection of
suspicious and criminal activity,
3, If public telephones are located on the premises, they shall be
programmed for outgoing calls only,
4. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the Ilcens88,
5, There shall be signs posted prohibiting the consumption of alcoholic
beverages on the premises.
6. There shall be no coin operated games or video machines maintained
upon the pramises at any time,
7. 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 that six per sale.
ID:
OCT 05'01 13:12 No.OOl P.06
CONDITIONAL USE PERMIT
POLICE CONCERNS
Location: 2505 E. Highland Ave.
C,U,p, # 01.17
Reporting District S2210
(Stats for 2000)
Part I Crimes: 54
Persons: 5 Property: 49
Part II Arrests: 12
Alcohol related arrests: 1
Census Tract: 74.05
existing off Sal,e ABC licenses: 6
GENERAL VICINITY:
Dl8tance to nearest:
Allowed off Sale ABC licenses: 5
School:
Emmerton Elementary Sohool
188 Arden
S. B. Community Church
2372 Lynwood Dr,
Rick Speicher Memorial Park
Pacific & Arden
Church:
Park:
ABC On Sale Premises:
Two Guys Restaurant
2655 E, Highland Ave.
ABC Off Sale Premises:
Kens Liquor Store
Texaco Servk;e Station
Distance of parking lotto residence:
22223 23rd St.
.3mi,
,8 mi.
.5ml,
.2 mi.
.Imi,
.I mi.
.Imi,
EXIDBIT C
C ,;Vabral & Company
, 'PLANNING AND DEVELOPMENT SERVICES
. . .
300 Cwult Vlwa DL
Sum 108A-327
URllIIII, CA 92008
TEL. 760.815.6036
fu760.720.0183
CAIWCo@pA(Jlll.1I!
LIQUOR CONDITIONAL USE PERMIT APPLICATION
Highland Chevron, 2505 Highland Avenue
Aug. 21, 2001
On behalf of Mr. Lawrence Cheng, owner and operator of the Highland Chevron,
Cabral & Company submits this Liquor Conditional Use Permit application, The
existing gas station and 2,660 sq, ft. convenience store operates 24 hours, 7
days a week under Conditional Use Permit #96-05, dated 08-06.96, In response
to customer inquiries Mr. Cheng has purchased an existing type.20 liquor license
and wishes to offer the sales of beer and wine in addition to the soft drinks
currently provided at the Chevron convenience store,
The existing and proposed development surrounding the Chevron station can be
described as urbanized commercial areas (retail shops, fast food, restaurants,
banks, auto service) with distinct residential neighborhoods in the surroundings,
Convenient stores have become popular over the years because they are open
late at night, early in the morning, located near residential neighborhoods (for the
convenience of early morning and late night commute schedules) and that they
carry products, which are highly consumable and in demand such as alcohol,
bread, dairy, snacks and lottery, The same type of demand exists for gasoline
The combination of uses is relevant to growing and busy area needs The sales
of beer and wine will provide a service and convenience to locals and visitors in
transit. It is also believed the use will be compatible with the existing
commercial character of the surrounding area as described above,
The census tract is considered over concentrated (5 licenses are allowed and 6
exist), The number of licenses permitted is based upon older census statistics,
The new census 2000 has shown almost a 15% increase in population and each
census tract is being reevaluated, Also, this number of licenses includes g]! /
types, on-sale restaurants and clubs, off-sale liquor stores and off,sale beer &
wine convenience stores. Each type of license offers a very different service and
convenience, This food mart is not intended to be a liquor store and is not meant
to compete with liquor stores in the area, It will offer a small selection of beer &
wine along with other soft drinks and will do so in accordance with the Alcoholic
Beverage Control Districts' regulations for a type,20 license,
Studies have shown that a constant presence, 24 hours operations, is the best
crime deterrent and Significantly reduces graffiti, loitering, vandalism, robberies
C:/My DOl.:umcntslAr..:;hitL'Clllral/IND-12R-Ol, &111 Bcman.lino/CtJlIAPPI.TR.doc
and dramatically reduces violent crimes, Although, Highland Chevron gas sales
operate 24 hours a day, it is proposed to limit beer and wine sales from 6:00 AM
until midnight. In addition the site is designed with proper levels of interior and
exterior lighting for safe operations, Store employees are provided with a clear
view of the fuel pumps and across the property at all times, Mr. Cheng maintains
clean and safe premises, Approval of this liquor CUP would not adversely affect
other properties within the vicinity or be detrimental to the public health, safety
and welfare,
Close communications have been maintained with the ABC investigator during
their processing of the license transfer. A meeting has been held with the San
Bernardino Police Department, Area Commander and the police department's
approval has been received. Based upon these communications, the operator
agrees to comply with conditions to ameliorate impacts of this type of use to the
community such as; limitations on the hours beer and wine may be sold,
limitations on the types of alcoholic beverages and the size and quantity of
containers that may be purchased, restricted signage and advertisement,
limitations on the quarterly gross sales of alcoholic beverages, restricted
amusement devices on the premises, additional signs "prohibiting trespassing
and loitering" and "prohibiting consumption of alcoholic beverages the premises"
shall be posted and at least two employees shall be provided at "high,risk" times,
In association with the conditions of approval and mitigation measures of this
discretionary permit, the proposed combination of uses, complies with current
zoning regulations to the maximum extent and does not result in an adverse
affect on the public health, safety and welfare,
Your consideration and approval of this application will be greatly appreciated,
C:/My Documenls/ArchilccturaIIIND-128-0 1, San Hcmardino/Cl JPAPPI.TR.doc
2
/,
2.
3.
.-
+.
5,
,.
SEP-27-20B1 10'18
09-27-01
011:52 AM
Census
Tract Type.
.
0074,05 20
0074.05 47
0074.05 41
0074,05 2t
0074.05 40
0074,05 2t
0074,05 20
0074.05 20
0074.05 21
0074.05 20
EXHIBIT D
ABC RIVERSIDE
909 7810531 P.03
CENSUS TRACT INFOUATlON BY CENSUS TRACT WITH ADDRESS PAGe: 1
WHERE COUNT'( IS :tHAN BERNARDINO AND CENSUS TRACT 16 0074,05
Status
Ucsns.
Num
Uc.ns..
Premi..s
YllARAA AA'THUR NOE\.
2662 E BASELINE, SAN BERNARDINO CA 92410
P&WINC
2649 E HIGHLAND AVE. SAN BERNARDINO CA 92404
UTRASJANIEM
2566 E HIGHLAND AVE, SAN BERNARDINO CA 92404
AIllllJlKlUR SUHEL
2005 E HIGHlAND AVE, SAN BERNARDINO CA 92404
NJ IRAEENAaJEA
2075 E HIGHLAND AVE srE K, SAN BERNARDINO CA 92404
SUH IJVlJNG KOOK
2627 E HIGHLAND AVE, SAN BERNARDINO CA 92346
C H HOUSTON LLC
2505 E HIGHlAND AVE. SAN BERNARDINO CA 92346
NINO SAM G
264lI2 PACIFIC ST. HIGHLAND CA 92346
1MBlWJ:M MOUSSA
25979 BASELINE ST, HIGHLAND CA 92410
flCT 371517 MASHI1GI HUSNI TAWFIK
6~i I ~'~7"''''''
R65
334370
flCT
287104
flCT
229534
flCT
278222
flCT
307524
flCT
343613
f'IH)
-
375674
flCT
177643
flCT
376707
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C,M.C, - CITY CLERK
'"
P.O. Box 1318' San Bernardino' CA 92402
300 North "0" 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
December 5, 2001
Cabral & Company
300 Carlsbad Village Drive
Carls bad, CA 92008
Gentlemen:
At the meeting of the Mayor and Common Council held on December 3, 2001, the following
action was taken relative to your request:
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 the Highland Chevron gas station/convenience
store located at 2505 E. Highland Avenue.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
R~l~,~
City Clerk
RC:ls
cc: Development Services
Lawrence Cheng, 2505 E. Highland Avenue, San Bernardino, CA 92346
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty