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HomeMy WebLinkAbout13- Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: Determination of Public Convenience or Necessity for a Type 21 Dept: Development Services Liquor License for Smart and Final located at 332 W. Baseline Street. Date: February 17, 2000 ORIGINAL MCC Date: March 6, 2000 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 21 (Off-sale General)liquor license for Smart and Final located at 332 W. Baseline Street. Michael E ays Contact person: Mirhaai F Hays Phnna• 184-5R57 Supporting data attached: Staff Report Ward: 2 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct negrintinn) Finance: Council Notes: Agenda Item No. 3/6/a000 REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity for a Type 21 Liquor License for Smart and Final located at 332 West Baseline Street. Mayor and Common Council Meeting of March 6, 2000 OWNER: APPLICANT: Gagik Galstlan Family Trust Smart & Final Stores Corporation 100 W. Broadway, Suite 950 c/o Dee Ann Catlin Glendale, CA 91210 600 Citadel Drive (818) 956-7599 City of Commerce, CA 90040 (323) 869-7699 REQUEST The applicant is requesting to establish a Type 21 liquor license (Off-sale General) for Smart & Final, a nationwide grocery type store chain which operates a store at 332 W. Baseline Street and is located in the CG-2, Commercial General land use district. The store occupies a 22,100 square foot space in an existing shopping center and currently holds a Type 20 liquor license (Off-sale beer/wine). No more than 1,100 square feet of the 22,100 store will be utilized for liquor sales, which accounts for 5.0% of the total floor area. A Conditional Use Permit is not required for alcohol sales for establishments greater than 15,000 square feet in area where alcohol sales are not the primary business. The applicant believes that the license upgrade serves the public convenience as outlined in Exhibit C. This request was reviewed in accordance with the California Environmental Quality Act and found to be exempt per Section 15301. The Police Department has indicated that they will not oppose the ABC application and have provided Conditions of Approval (Exhibit B). FINANCIAL IMPACTS 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 21 liquor license at 332 W. Baseline Street. EXHIBITS A. Location Map B. Police Department Report C. Applicant Letter of Request EXHIBIT A CITY OF SAN BERNARDINO PROJECT: PCN — Smart & -.AD PLANNING DIVISION Final LOCATION MAP LAND USE DISTRICTS HEARING DATE: 3/6/2000 NORTH I R� .i, ST. y Q w e r t M I�BASELINE ST -aC"-If ,L=5 JL Lw-_ EXHIBIT B City of San Bernardino �p San Bernardino Police Department N IS C I a W EE D Interoffice Memorandum D 2 0 1999 CITY OF SAN BERNARDINO To: ASSISTANT PLANNER MICHAEL MARTIN DEVELOPMENT SERVICES DEPARTMENT From: CSR II MARTHA SOTO,<9- 2 Subject: PCN FOR TYPE 21 LICENSE FOR SMART AND FINAL LOCATED AT 332 W. BASELINE ST Date : DECEMBER 7, 1999 Copies: PROBLEM: On II-8-99, Assistant Planner, Michael Martin, sent me a Memorandum regarding a PCN for a Type 21 ABC license for Smart and Final located at 332 W. Baseline St., San Bernardino. Applicant is upgrading his ABC license from a type 20 Off- sale beer/wine to a type 21 Off-sale general. RECOMMENDATIONS: Approval for the PCN is recommended as long as the applicant obtains all necessary permits and is subject to the listed conditions. (Refer to attached conditions.) FINDINGS: I was assigned to investigate the application for a PCN submitted by the applicant for 332 W. Baseline St. The business is a grocery type store which has been at this location for several years with an ABC license type 20, Off-sale beer/wine. The business is in Census Tract 0055. There are six off-sale ABC licenses allowed and there are six off-sale ABC licenses existing in this Census Tract. The business' property line is across the street from Lincoln Elementary School. The business' property line is also 20' from a residence. I spoke with Area Commander, Lt. J. Aragon and she stated she has no problem with the upgrade of the license, however, does want a condition stating, "No alcoholic beverage shall be sold in bottles or containers smaller than 750 ml." The San Bernardino Police Department agrees with Area Commander Lt. J. Aragon and does not object to the issuance of the PCN as long as the applicant is subject to the listed conditions. (Refer to attached conditions.) THE SBPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNrrION AND PROBLEM SOLVING CONDITIONS 332 W. Baseline St. 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. If public telephones are located on the premises, they shall be fixed for outgoing calls only. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 5. No alcoholic beverage shall be sold in bottles or containers smaller than 750 ml. Feb-08-00 12 :05P Alain Bally Associates 562 498 1169 P .02 EXHIBIT C APPLICANT'S REPRESENTATIVE: Ballyfraylor Associates 700 S. Flower St., 1 I'Floor Los Angeles,Ca 90012 (213) 892-6396 tel. (213) 892-6369 fax. . APPLICANT: Smart and Final Stores 600 Citadel Drive Commerce,CA 90049 (323) 869-7699 tel. (323) 869-7862 fax. REFERENCE: City of San Bernardino Application for Determination of"Public Convenience and Necessity"Alcohol Sales as required pursuant to Sections 23958 and 23858.4 of the California Business and Professions Code. SITE: 332 W. Baseline Street, Smart and Final REQUEST: The subject site is currently developed with a commercial center including a Smart and Final Store covering the length of Arrowhead Avenue between Baseline Street and 13' Street. The existing store has the legal ability to scll beer and wine for off-site consumption (a Type 20 license). The applicant is seeking to up-grade the license to Type 21, allowing the sale of a full line of alcoholic beverages for off-site consumption. REASON FOR REQUEST: Through the up-grade the applicant is seeking the ability to adequately serve the needs of the community by being a full-service market. Their operation is that of a cash and carry wholesale grocery store serving primarily businesses and institutions, as well as those buying in bulk, such as family-oriented customers. Many of the customers are associated with institutional food service, catering, lunch wagons, and charitable and fraternal organizations. In addition the store serves as an alternative, local source for food, beverages and sundries to the neighborhood with ease of access and readily available parking. It also provides all individuals with a responsible, well-managed and monitored place to buy a full line of alcoholic beverages in a manner secondary to their other sundry purchases. JUSTIFICATIONS FOR APPROVAL: 1. The proposed use will benefit the community by allowing the Smart and Final store to provide the same level of service as other Smart and Final stores as well as other markets to the San Bernardino area. 2. By allowing the store to meet the needs of its clientele, approval also supports the good financial health of a business that contributes positively to the area and that can only be a worthwhile impact to the economic welfare of the community. Smart and Final has been a good neighbor,contributing to charities and sponsoring community events. 3. The site is part of a well-planned, community-oriented commercial center with 227 parking spaces, and landscaping. The architectural and signage program will not be Feb-OS-00 12=O6P Alain Bally Associates 562 498 1169 P-03 impacted by the proposed use. There will be no advertising of alcohol on the exterior of the building. 4. The applicant's request to up-grade to a full line of alcoholic beverages for off-site consumption will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. The applicant is fully aware of the responsibility that accompanies the grant to offer alcoholic beverages for off-site consumption and will continue to act in the same principled manner that Smart and Final stores have always operated. 5. The request is consistent with the broad goal of the Community Plan to ensure the availability of commercial goods and services adequate to the needs of the businesses and residents of the community. 6. The Smart and Final store has had an opportunity to demonstrate a positive record through the sales of beer and wine at the site. The store has been historically well- managed. This is not a "problem location" in the mind of the Police Department. It is, therefore, reasonable to expect that the requested use at the location proposed will not adversely affect the health, peace, comfort or welfare of persons residing or working in the area. 7. If alcohol is going to be made available to a community, it is good planning policy to make it available from a well-managed, full-service market. The applicant will have a total of less than 15% of sales from all alcohol, and less than 5% of the floor area dedicated to alcohol sales. This is in sharp contrast to liquor stores. The addition of full liquor will only be an extension of the existing level of service and allows their existing clientele, when planning for events or family occasions, to make all of their purchases at once in a safe, comfortable environment. The proposed Smart and Final sales can only have a positive effect by providing convenient access to an establishment where individuals can make their incidental alcohol purchases without going to a secondary location with less stringent management and operational standards. 8. In addition, Smart and Final has loss prevention programs, including security cameras to prevent problems from alcohol sales. All staff goes through the Alcoholic Beverage Control Board sponsered LEAD (alcohol sales awareness program). 9. Finally,as the existing store has a Type 20 license, there will be no net increase in the number of licenses in the area, as the Type 21 license includes beer, wine and full liquor.