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Home My WebLink About22 Development servicesCITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: Dept: Development Services /% t P RluiIVA Determination of Public Convenience or Necessity for a Type 20 Liquor License for Rocky Farms Market located at 4645 N. Sierra Way Date: December 10, 1998 MCC Date: December 21, 1998 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 -site beer and wine) liquor license for Rocky Farms Market. Y►,�, G. ?N4- M 9 Micha l E. Hays Contact person: Michael E Hays Phone: 384 -5357 Supporting data attached: Staff Report Ward(s): FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Council Notes: Finance: Agenda Item No. #10L I ;-/;J lo CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity — Rocky Farms Market — 4645 North Sierra Way Mayor and Common Council Meeting of December 21, 1998 APPLICANT /OWNER Salem Samaan Rocky Farms Market 4645 N. Sierra Way San Bernardino, CA 92407 (909) 883 -9774 REQUEST AND LOCATION The applicant is requesting to establish a Type 20 liquor license (beer and wine for off -site consumption) at a 2400 square foot convenience store (Rocky Farms Market) located at 4645 North Sierra Way. No more than five cooler doors will be utilized for beer and wine display /sales area, or approximately 160 square feet of the 2,400 square foot store, which accounts for 6.7% of the total floor area. A Conditional Use Permit was previously approved for a convenience store with the sale of alcohol on the site, but the ABC License lapsed. In the applicants request for a new license, the state Department of Alcoholic Beverage Control notified the applicant that San Bernardino County has an over concentration of Type 20 off -site liquor licenses and a determination of Public Convenience or Necessity, from the City, is required. ENVIRONMENTAL DETERMINATION This request was reviewed in accordance with the California Environmental Quality Act and found to be exempt per Section 15301. POLICE DEPARTMENT RECOMMENDATION The Police Department has indicated that they will not oppose the ABC application and have provided Conditions of Approval (Exhibit B). DETERMINATION PCN — Rocky Farms Market 4645 N. Sierra Way MMC Mtg. of 12121198 Page 2 Staff feels that a determination of public convenience or necessity can be met. The applicant has submitted 68 signatures from customers of his convenience store in support of the proposal, and the sale of alcoholic beverages for off -site consumption is a service typically found at convenience stores. The percentage of retail space devoted to the sale of alcohol is limited and is accessory to the other services and products provided. FINANCIAL IMPACT 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 20 liquor license at 4645 North Sierra Way. Exhibits: A Location Map B Police Department Report C Applicant Letter of Request trs ►_ q LPL 1 I.S. NMI , son �.: �J To: From: Subject: Date: Copies: PROBLEM: EXHIBIT B City of San Bernardino San Bernardino Police Department Interoffice Memorandum MICHAEL MARTIN, ASSISTANT PLANNER CSR II M. SOTO DPI 98- 128 /PCN - ABC LICENSE AT 4635 N. SIERRA WAY November 19, 1998 On 10- 28 -98, Assistant Planner, Michael Martin, sent me a Memorandum regarding Development Permit (Type I) and PCN for ABC license type 20 off -sale beer /wine. (DPI 98 -128) RECOMMENDATIONS• Approval for the Development Permit I and PCN is recommended as long as the applicants are subject to the listed eight conditions. (Refer to attached conditions.) FINDINGS• The business is located in reporting district SC603 and Census Tract 45.02. There are 13 on -sale ABC licenses allowed and there are only eight existing ABC licenses in this Census Tract. There are 190 Part I Crimes and 122 Part II arrests. This puts the reporting district in a high crime area. A Memorandum was sent to the Area Commander, Lt. Gile, asking for his input regarding this permit. Area Commander, Lt. Gile has no objection to the issuance of this permit as long as the normal restrictions (conditions) are placed on the Permit. (Refer to Lt. Gile's Memorandum.) The San Bernardino Police Department agrees with Area Commander Gile and does not object to the issuance of this permit providing the applicant is subject to the listed eight conditions. (Refer to attached conditions.) ATTACHMENTS: 1. Police Concerns. 2. Conditions. 3. Memorandum from Lt. M. Gile. 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 RECOGNITION AND PROBLEM SOLVING A.B.C. APPLICATION FOR TYPE 20 LICENSE POLICE CONCERNS LOCATION: 4645 N. Sierra Way - Rocky Farms Market Development Permit I No. 98 -128 Reporting District SC603 (Stats for 1997) Part I Crimes 190 Persons 33 Property 157 Part II Arrests 122 Alcohol related arrests 2 Calls for service 1,696 Census Tract 45.02 Existing On Sale Allowed On Sale GENERAL VICINITY: Distance To Nearest: School Arrowhead Elementary School Church Lutheran Church Park Tom Gould Memorial Park ABC On Sale License Premises Existing Off Sale 8 Allowed On Sale 13 Distance 07 mi .13 mi. .05 mi. LeRendezvous Restaurant .02 mi. ABC Off Sale Licensed Premises Circle 7 Store .01 mi. Page two Distance of parking lot to residence: 4633 N Sierra Way prop line to prop. Area Commander Comments: Refer to attached Interoffice Memorandum from Lt. Gile. Police Department Recommendations: Refer to attached Interoffice Memorandum CSR II M. Soto. CONDITIONS 4645 N. SIERRA WAY 1. No single cans and /or bottles of beer to be sold. 2. No sales of wine in less than 750 ml. containers. 3. No game machines, video or otherwise. 4. No sales of ice in less than seven pound bags. 5. Posting of signs prohibiting littering and loitering with management enforcing this. 6. No alcoholic beverages shall be consumed on the property under the control of the licensee. 7. 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. 8. If public telephones are located on the premises, they shall be fixed for outgoing calls only. 17 City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: LT. M. GILE From: CSR II M. SOTO Subject: ABC LICENSE TYPE 20, OFF -SALE BEER /WINE Date: NOVEMBER 10, 1998 Copies: I received an application from the A.B.C. regarding an ABC license type 20 off -sale beer /wine and I also received an Memorandum from Assistant Planner Michael Martin asking for our input for a Development Permit Type I. I request your input prior to approving or protesting these applications. Please return this form to the Vice Detail with your comments no later than November 16, 1998 If I do not receive a response by this date, it will be considered that you do not wish to have any input. Address: 4645 N Sierra Way - Rocky Farms Market Applicant: Salem Samaan Type of license: ABC license type 20 /Development Permit I Your Comments: THE SBPD IS COMMITTED TO PROVIDING: I N T E R O F F I C E M E M O R A N D U M TO: Martha Soto Subject: RE: AREA COMM LETTER Date: 16- Nov -1998 11:21am PST From: Mike Gile GILE_MI Dept: POLICE Tel No: 384 -5784 SOTO_MA Martha..no comments, normal restrictions and requests EXHIBIT C CITY OF SAN BERNARDINO Department of Planning and Building Services Applicant Proggsed Findings of Public Convenience or Necessity Directions to the Applicant: Complete this form by providing Findings for why your alcoholic beverage sales license is necessary for the Public's Convenience or Necessity. Use additional sheets if necessary. 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) We have applied to the Dept. of Alcohol Beverage Control for an off sale beer and wine license. As the new owner of Rocky Farms Mar et, I believe that license is necessary to provide our customers a full convenience market in this neighborhood. Rocky Farms Market has been at this location for many years and had operated with a beer and wine license in the past. As the new owner we are requested by our customers on a daily basis to carry beer and wine for their shopping convenience. e have a large population of walk-in customers as well as regular customers that live in Waterman Canyon that drive to our store. We are the closest convenience store to that area. The Dept of Alcohol Control has informed us that this population area is allowed 12 licenses of which only 8 are filled. We feel that with a beer and wine license we can provide our customers with a clean, safe and full convenience store for their shopping needs. We carry a full line ot household items, milk, bread, eggs, produce and most general grocery items. We would like to provide the full service convenience that this location has provided in the past. Enclosed are signatures and addresses of some of our customers that have requested the convenience of purchasing beer and wine at our store. Please consider our request at your earliest convenience. Sincerely, Rocky Farms Market N. Sierra Way San Bernardino, Ca. 92407 Please note the following signatures were obtained in one day . These signatures confirm the need for convenience for our customers. In the interest of urgency, we are including only the signatures we have obtained to date. We will continue to collect signatures of our customers that request beer and wine for their shopping convenience. If you require more signatures than we have supplied to date, we are prepared to provide them. We believe we have demonstrated the need for customer convenience in a very positive and substantial way and expect our request to be granted. Sincerely, Sal Samaan RoCj<y Farms Market G- CITY OF SAN BERNARDINO Department of Planning and Building Services Annlicant Pro gsed Findings of Public Convenience or Necessity Directions to the Applicant: Complete this form by providing Findings for why your alcoholic beverage sales license is necessary for the Public's Convenience or Necessity. Use additional sheets if necessary. 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) * * * * ** we request that Rocky Farms Market Be allowed to sell beer and wine for our shopping convenience. Signature Address ice`' 5 t' /-► L2 �� z %�,� Ile �(;&-2 A �l C� Vv5� `Yolk o Y t,XEk�01 C I/,- CITY OF SAN BERNARDINO Department of Planning and Building Services Directions to the Applicant: Complete this form by providing Findings for why your alcoholic beverage sales license is necessary for the Public's Convenience or Necessity. Use additional sheets if necessary. 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) * * * * ** we request that Rocky Farms Market Be allowed to sell beer and wine for our shopping convenience. Signature / �� Address j_ F 5rq Li .59 IN i /Y '/. ice%' ii V •� ��.% `^ - r�� 1/' � 7J 3 / U__, r &J� t-610 �1 Z /I (I � � . F T- ` �r l r f '%' Cr K r � sZ j:.x �k \ 16 t T 'G- CITY OF SAN BERNARDINO Department of Planning and Building Services Ang ' ant Pr ced Finding of ntblic Convenience or Necessity Directions to the Applicant: Complete this form by providing Findings for why your alcoholic beverage sales license is necessary for the Public's Convenience or Necessity. Use additional sheets if necessary. 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) * * * * ** we request that Rocky Farms Market Be allowed to sell beer and wine for our shopping convenience. Address s: _ , 'Wo1 1 c% oF /c L_ r J f vv 7 .w. 1W q d- 7 oo H Icy S" T —.6 S r S✓il.� l c'ti��k'flr QUO C: A- / /y �- G- CITY OF SAN BERNARDINO Department of Planning and Building Services Applicant Proggsed, Findings of Public Convenience or Necessity Directions to the Applican t: Complete this form by providing Findings for why your alcoholic beverage sales license is necessary for the Public's Convenience or Necessity. Use additional sheets if necessary. 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) * * * * ** we request that Rocky Farms Market Be allowed to sell beer and wine for our shopping convenience. Signature Address » , syl r .-sin w -4,.e e PY S a` 0? S �- gdV0 G- CITY OF SAN BERNARDINO Department of Planning and Building Services 2•• ,! ••.• l• !• • Directions to the Applican t: Complete this form by providing Findings for why your alcoholic beverage sales license is necessary for the Public's Convenience or Necessity. Use additional sheets if necessary. 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) * * * * ** We request that Rocky Farms Market Be allowed to sell beer and wine for our shopping convenience. Signature Address 11 �► ��Inafl %o9r�oA. 4�Mt4 . v� -✓ C-CJ �l Ulf ` vi _ N � v I li A-J - ' 0 i n � �z J e 7 rr. X237 tx�\V►► 46- CITY OF SAN BERNARDINO Department of Planning and Building Services Directions to the Appjjca: Complete this form by providing Findings for why your alcoholic beverage sales license is necessary for the Public's Convenience or Necessity. Use additional sheets if necessary. 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) * * * * ** we request that Rocky Farms Market Be allowed to sell beer and wine for our shopping convenience. Signature Address 6/ L p / 'q IP� 1122 C I T Y O F an bernardino R A C H E L C L A R K C I T Y C L E R K December 22, 1998 Mr. Salem Samaan Rocky Farms Market 4645 N. Sierra Way San Bernardino, CA 92407 Dear Mr. Samaan: At the meeting of the Mayor and Common Council held on December 21, 1998, the following action was taken regarding a determination of public convenience and necessity for a Type -20 Liquor License for Rocky Farms Market located at 4645 North Sierra Way: The Mayor and Common Council determined that the public convenience or necessity is served and directed the Director of Development Services to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off -site beer and wine) Liquor License for Rocky Farms Market, subject to the conditions of approval. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, Rachel G. Clark, CMC City Clerk CC: Michael Hays, Director of Development Services P. 0. 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