1. law, govt and politics

Item #_
DATE ISSUED:
April 2, 2015
ATTENTION:
Civic San Diego Hearing Officer
Meeting of April 9, 2015
SUBJECT:
CVS East Village (645 Market Street) – Consideration of an Amendment
to Conditional Use Permit No. 2006-08 – East Village Neighborhood of
the Downtown Community Plan Area – Public Hearing
STAFF CONTACT: James Alexander, Assistant Planner
REQUESTED ACTION: That the Civic San Diego (“CivicSD”) Hearing Officer considers an
amendment to Conditional Use Permit (CUP) No. 2006-08 for CVS located at 645 Market Street
in the East Village Neighborhood of the Downtown Community Plan (DCP) Area.
STAFF RECOMMENDATION: That the CivicSD Hearing Officer approves the amended CUP
No. 2006-08, subject to the conditions outlined in the Draft Permit. The Draft Permit has been
included as Attachment A to this report.
SUMMARY: Garfield Beach CVS, LLC (“Applicant”) is requesting approval of an amendment
to CUP No. 2006-08 to allow for an Department of Alcoholic Beverage Control (ABC) License
upgrade from Type 20 (Beer and Wine) to Type 21 (Beer, Wine and Distilled Spirits) for CVS
located at 645 Market Street in the East Village.
DOWNTOWN COMMUNITY PLANNING COUNCIL: On March 18, 2015, the Downtown
Community Planning Council voted [INSERT VOTE HERE] to recommend that the CivicSD
Hearing Officer [INSERT APPROVE/DISAPPROVE] CUP No. 2006-08A, allowing an upgrade
of ABC license type and removal of the permit expiration date at the subject property.
BACKGROUND
CVS is an existing general retail and convenience store located at 645 Market Street in the East
Village neighborhood of the DCP area. This store, formerly Long’s Drug Store, has been
operating at this location since 2006. The CVS company acquired the Long’s Drug Store
company in 2008. On March 23, 2006, CUP No. 2006-08 (Attachment B) was granted to allow
the sale of off-site alcoholic beverages at this location. The CUP limits the ABC License to a
Type 20, off-sale beer and wine license and sets a permit expiration date at March 23, 2016. The
Applicant is seeking to upgrade their license to allow the sale of beer, wine, and distilled spirits
consistent with their other stores.
Civic San Diego Hearing Officer
Meeting of April 9, 2015
Page 2
Under the Centre City Planned District Ordinance (CCPDO), establishments engaged in off-site
alcohol beverage sales are required to obtain approval of a CUP. The CUP procedure establishes
a review process for the development of uses that may be desirable under appropriate
circumstances, but are not permitted by right. The intent of these procedures is to review these
uses on a case-by-case basis to determine whether and under what conditions such a use may be
approved at a given site. The San Diego Municipal Code (SDMC) allows a substantial
conformance review for a revision(s) to a development that was approved through a permit that
still complies with the objectives, standards, guidelines and conditions for that permit. However,
if the proposed modifications require a change to a condition of approval, an amendment to the
original permit is required. An amendment to a CUP is a Process Three decision made by the
CivicSD Hearing Officer at a noticed public hearing. The CivicSD Hearing Officer’s decision is
appealable to the CivicSD Board of Directors.
DEVELOPMENT TEAM
ROLE
Applicant
FIRM/CONTACT
Garfield Beach CVS, LLC
Linda Cimbron
Property Owner
PSFH Market Street, LLC
Peter Splinter
Solomon, Saltsman and Jamieson
Jenna Spivey
Project Manager
OWNERSHIP
CVS Caremark, Larry J. Merlo,
President and Chief Executive Officer
(Privately Owned)
Peter Splinter, President
(Privately Owned)
Solomon, Saltsman and Jamieson,
LLP, Stephen Jamieson, Co-Owner
(See Attachment F)
(Privately Owned)
DISCUSSION
Neighborhood Context
The East Village is one of downtown’s largest, fastest-changing, and most diverse
neighborhoods. This area will develop as a residential district complemented by Neighborhood
Centers, employment areas, flexible use zones, and public spaces. The DCP envisions a mix of
residential, office, commercial, and convention center growth while retaining light industrial uses
and commercial services. New uses will exist in close proximity to existing ones in mixed
commercial zones, creating a diverse urban environment, with residential uses throughout.
Ultimately, East Village is projected to contain up to 46,000 residents.
The Ballpark sub-district of East Village is envisioned as a downtown-wide entertainment and
cultural attraction as well as a residential and commercial district with supporting amenities.
Important corridors are Market Street and Park Boulevard, providing links within downtown, to
Balboa Park, and to the Bay. Compared to areas to the north and east, Ballpark will have low to
Civic San Diego Hearing Officer
Meeting of April 9, 2015
Page 3
mid-level intensity buildings, maintaining sun access at Petco Park, and a mid-rise character for a
neighborhood that bridges between the historic Gaslamp Quarter and high rises expected north of
Market Street.
Applicable DCP Goals and Policies
The following are some of the key DCP Goals and Policies for the southeast quadrant of East
Village:
3.1-P-2
3.1-P-3
6.5-G-4
Permit a broad range of uses in the Neighborhood Mixed-Use Centers, including
office uses, provided they meet overall urban design criteria for the centers.
To ensure vitality, develop concentrations of retail centers and streets identified as
retail required with required retail, restaurants, and other similar active commercial
uses at the ground level along designated Main Streets.
Facilitate development of a Neighborhood Center that provides a focus to the
residential portion of the sub-district, with parkway connections to East Village
Green.
SITE DESCRIPTION
CVS in East Village is located within a 13,878 square-foot tenant space located on the ground
floor with 2,244 square feet of warehouse on the second floor of the Alta condominium project
located on the south side of Market Street between 6th and 7th Avenue. There are no other
commercial tenants on the property besides CVS. There is a public parking in the garage across
Market Street and in the lot across 7th Avenue.
The land use district for this project site, as designated in the CCPDO, is Employment/
Residential Mixed-Use (ER). This district provides synergies between educational institutions
and residential neighborhoods, or transition between the Core (C) District and residential
neighborhoods. The ER district also encompasses Horton Plaza. A variety of uses are permitted
in this district, including office, residential, hotel, research and development, educations, and
medical facilities.
Surrounding land uses:
• North: Public parking garage
• West: Low to mid-rise mixed-use
• South: Low rise hotel and commercial
• East: Public parking lot
Existing alcohol beverage outlets with CUPs in the vicinity include:
•
•
•
Bacchus at 647 G Street
Neighborhood at 777 G Street
Grapes and Hops at 833 Market Street
Civic San Diego Hearing Officer
Meeting of April 9, 2015
Page 4
•
Half Door Brewing Co. at 903 Island Avenue
A map showing surrounding land uses and a map showing existing alcohol beverage outlets in
the vicinity are included as Attachments C and D, respectively.
PROJECT DESCRIPTION
CVS is a large retail pharmacy chain that provides thousands of convenience items, photo
services, in-store pharmacy as well as carries a variety of alcoholic beverages for off-site
consumption. This CVS location is seeking to upgrade their existing ABC Type 20 License,
which permits the sale of beer and wine, to a Type 21 License, which would include the ability to
also sell distilled spirits, which is consistent with their other CVS stores. The requested
amendment would remove the ABC license type specification in that condition. The Applicant
is also seeking the removal of the permit expiration date.
The Applicant details on the Floor Plan that two percent (157 square feet) of the gross floor area
of the store (13,878 square feet) will be dedicated to alcohol display. The general store hours of
operation are 7:00 a.m. to 10:00 p.m. each day of the week. Per Condition 6 of CUP 2006-08,
alcohol sales are limited to between 10:00 a.m. and 10:00 p.m. each day of the week, as is
standard throughout the downtown area. A project narrative, plans, and site photos have been
included as Attachment E to this report.
CONDITIONAL USE PERMIT
Off-Site Alcohol Beverage Sales
Under Section 156.0315 of the CCPDO, establishments engaged in off-site alcoholic beverage
sales are subject to approval of a CUP and the following minimum conditions:
A. No wine or distilled spirits shall be sold in containers of less than 750 milliliters.
B. No malt beverage or beer products shall be sold in quantities of less than a six-pack of
12-ounce bottles or other containers totaling a minimum of 64 ounces.
C. No alcoholic beverages shall be sold except between the hours of 10:00 AM and 10:00
PM of each day of the week.
Applicants may seek exceptions to condition C listed above subject to the CivicSD Hearing
Officer making the following findings:
•
The request for an exception was provided in the public notice for the hearing; and,
•
The proposed use and operations are compatible with existing and planned
surrounding land uses.
Civic San Diego Hearing Officer
Meeting of April 9, 2015
Page 5
The Applicant is not seeking any exceptions for off-site alcohol beverage sales as part of this
application. The Applicant is proposing modifications to conditions that specifically address the
type of ABC license under which they currently operate. The existing condition limits the offsite sale of alcohol to beer and wine only. The condition modification would allow CVS to sell
beer, wine and distilled spirits consistent with their other downtown stores. The Applicant is also
requesting modifications to existing conditions to reflect the current off-site alcohol beverage
sales standards in the CCPDO. The proposed condition modifications are included in the
strikeout/underline version of the permit (Attachment A) and listed below:
Condition No. 1 – This approval is for an ABC Type 21 – Off-Sale Beer & Wine license.
Condition No.3 – No malt or beer beverage products shall be sold in less than six-pack
quantities.
Condition No. 4 – No wine shall be sold with an alcoholic content greater than fifteen percent
(15%) by volume.
Condition No. 5 – Quarterly gross sales of alcoholic beverages shall not exceed twenty percent
(20%) of the quarterly gross sales of the establishment.
These modifications for each of the conditions above will reflect amendments made to the
Section 156.0315 (b) of the CCPDO in 2013. The CCPDO does not regulate the ABC license
type, alcohol content of wine, or the percentage of sales devoted to a specific product and the
2013 amendments removed the conditions that did so. The modification to Condition 3 will
update the condition to include text also added in 2013 that further specifies the container size,
limiting malt beverage products to be sold in packages of no less than a six-pack of 12-ounce
bottles or other containers totaling a minimum of 64 ounces.
Staff is recommending eliminating Condition No. 20 which sets an expiration date for the CUP
as well as Condition No. 11 which requires a twelve month public hearing review, since the latter
date has been surpassed.
With the proposed modifications the CUP will be consistent with the current standards in the
CCPDO and with recently approved off-site alcohol beverage sales CUPs.
Staff has reviewed the Applicant’s proposal as well as considered the potential impacts resulting
from the proposed amendment. Overall, staff is supportive of the requested modifications as
these modifications will result in a CUP which is line with the current off-site alcohol beverage
sales standards. The establishment will still be required to maintain conditions which include
posting signs discouraging loitering, maintaining the premises clean and free of graffiti,
maintaining the adjacent right-of-way free of litter, and providing a point of contact for the
business to respond to any complaints within 48 hours, as well as other standard conditions to
Civic San Diego Hearing Officer
Meeting of April 9, 2015
Page 6
ensure that the use is compatible with, and does not become a nuisance to, the surrounding
neighborhood.
Staff requested input from the San Diego Police Department (SDPD) regarding this application
and has not received a recommendation as of the date of this report. Staff has received two public
comments regarding this application, both in opposition. Both felt that public safety is already
an issue in the area that would be worsened by the availability of distilled spirits and that
additional security needs to be provided by the Applicant.
CUP Findings:
Pursuant to Section 126.0305 of the San Diego Municipal Code, the following four findings must
be made to approve a CUP:
1.
The proposed use or development will not adversely affect the applicable land use plan;
CVS is a convenience store and pharmacy that includes off-site alcohol beverage sales
which is an allowed use under the CCPDO with approval of a CUP. The proposed
amendment will not adversely affect the applicable land use plan as it adheres to the
CCPDO and is consistent with the goals and policies of the DCP. The CVS is in a land
use district that accommodates a diverse array of uses and allows commercial uses such
as the proposed business.
2.
The proposed use or development will not be detrimental to the public health, safety and
welfare;
The proposed amendment that would allow an upgrade in ABC license type and remove
the permit expiration date will not be detrimental to the public health, safety and welfare
of the community when operated with the recommended conditions of approval.
3.
The proposed use or development will comply to the maximum extent feasible with the
regulations of the Land Development Code; and
The proposed use will comply to the maximum extent feasible with the regulations of the
CCPDO and the San Diego Municipal Code for the particular uses proposed with
approval of a CUP. The proposed use will be required to comply with all applicable
regulations, conditions of approval under the CCPDO and will be required to comply
with the applicable requirements of the State Department of Alcoholic Beverage Control
and the SDPD.
4.
The proposed use is appropriate at the proposed location.
The East Village neighborhood includes other various retail, dining, and entertainment
uses. Allowing an ABC Type 21 license and removing the permit expiration date would
Civic San Diego Hearing Officer
Meeting of April 9, 2015
Page 7
allow for expanded services at CVS that could benefit local residents and tourists alike.
Therefore, the establishment is appropriate at the proposed location.
ENVIRONMENTAL IMPACT
Development within the Downtown Community Planning area is covered under the Final
Environmental Impact Report (FEIR) for the San Diego DCP, CCPDO, and 10th Amendment to
the Centre City Redevelopment Plan, certified by the former Redevelopment Agency (“Former
Agency”) and the City Council on March 14, 2006 (Resolutions R-04001 and R-301265,
respectively) and subsequent addenda to the FEIR certified by the Former Agency on August 3,
2007 (Former Agency Resolution R-04193), April 21, 2010 (Former Agency Resolution R04510), and August 3, 2010 (Former Agency Resolution R-04544), and certified by the City
Council on February 12, 2014 (City Council Resolution R-308724) and July 14, 2014 (City
Council Resolution R-309115). The FEIR is a “Program EIR” prepared in compliance with
California Environmental Quality Act (CEQA) Guidelines Section 15168. The project is within
the scope of the development program described in the FEIR; therefore, no further environmental
documentation is required under CEQA.
CONCLUSION
Staff is recommending that the CivicSD Hearing Officer approves the amendment to CUP No.
2006-08, subject to conditions.
Respectfully submitted:
Concurred by:
James Alexander
Assistant Planner
Brad Richter
Assistant Vice President, Planning
Attachments: A –Draft CUP No. 2006-08A Permit/Resolution
B – CUP No. 2006-08
C – Map of Adjacent Land Uses
D – Alcohol Outlets Vicinity Map and List
E – Narrative, Plans, and Site Photos
F – Ownership Disclosure
G – Public Correspondence
S:\Alexander\Permit Reviews\Process 3\2006-08A CUP (CVS East Village OSS)\2006-08A_StaffReport_DRAFT.docx
RECORDING REQUESTED BY:
Civic San Diego
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401 B Street, Suite 400
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Civic San Diego
401 B Street, Suite 400
San Diego, CA 92101
AND WHEN RECORDED MAIL TO:
San Diego, CA 92101
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|THIS SPACE FOR RECORDER’S USE ONLY
______________________________________________________________________
NOTE: COUNTY RECORDER, PLEASE RECORD AS
RESTRICTION ON USE OR DEVELOPMENT
OF REAL PROPERTY AFFECTING THE TITLE
TO OR POSSESSION THEREOF
DECISION OF THE CIVIC SAN DIEGO
HEARING OFFICER
CENTRE CITY PLANNED DISTRICT
CONDITIONAL USE PERMIT
NO. 2006-08A
CVS EAST VILLAGE
645 MARKET STREET
APN# 535-11-18-59
DECISION OF THE HEARING OFFICER OF
CIVIC SAN DIEGO
CONDITIONAL USE PERMIT NO. 2006-08A
CENTRE CITY ALCOHOL SALES PERMIT
This Conditional Use Permit (CUP) No. 2006-08A is granted by the Civic San Diego
(“CivicSD”) Hearing Officer to Linda Cimbron on behalf of Garfield Beach CVS, LLC,
Permittee, and Peter Splinter on behalf of PSFH Market Street, LLC, Owner, to allow for
an ABC License upgrade from Type 20 (Beer and Wine) to Type 21 (Beer, Wine and
Distilled Spirits) within an existing CVS store located at 645 Market Street in the East
Village neighborhood of the Downtown Community Plan Area pursuant to San Diego
Municipal Code (SDMC) Sections 156.0304, 156.0308 and 156.0315. The site is legally
described as Lot J in Block 97, of Hortons Addition, in the City of San Diego, County of
San Diego, State of California, according to the map thereof on file in the office of the
Clerk of Said San Diego County.
Subject to the terms and conditions set forth in this Permit, CUP No. 2006-08A is
GRANTED to the Owner and Permittee, and/or their successors, to permit the uses as
described and identified by size, dimension, quantity, type and location as follows and
on the approved Exhibit A on file in the CivicSD Planning Department.
Off-Site Alcohol Beverage Sales
1.
The business shall maintain a valid license from the State Department of Alcohol
Beverage Control. The business shall be in compliance with all conditions of said
license at all times.
2.
No wine or distilled spirits shall be sold in containers of less than seven hundred
fifty (750) milliliters.
3.
No malt or beer beverage products shall be sold in less than six-pack of 12ounce bottles or other containers totaling a minimum of 64 ounces.
4.
No alcoholic beverages shall be sold or delivered except between the hours of
10:00 a.m. and 10:00 p.m. of each day of the week.
5.
A maximum of 20% of the square footage of each window and door of the
premise may bear advertising or signs on the interior. Any grocery racks,
displays, or products placed above 48 inches (frosted area from ground to first
mullion) shall be setback a minimum of 5 feet from the storefront to ensure
visibility into the store to allow law enforcement personnel to have a clear and
unobstructed view of the interior of the outlet.
6.
The owner/operator shall maintain the premise and the adjacent public sidewalks
free of loitering, litter and graffiti at all times. The owner/operator shall provide
trash receptacles pursuant to the specifications of the Centre City Streetscape
Manual, conveniently located for use by patrons, outside of the alcoholic
beverage outlet including adjacent public sidewalks.
Conditional Use Permit 2006-08A
Page 3 of 5
7.
The owner/operator shall post a prominent, permanent sign stating, “NO
LOITERING, CONSUMPTION OF ALCOHOLIC BEVERAGES, OR OPEN
ALCOHOLIC CONTAINERS ARE ALLOWED INSIDE THE PREMISES OR ON
THE PUBLIC SIDEWALKS ADJACENT TO THE PREMISES."
8.
Adequate lighting shall be provided to the exterior of the building to illuminate the
adjacent sidewalk areas. Security cameras are to be installed discreetly on the
exterior of the building and are to be monitored by store personnel so as to
provide video coverage of the storefront. CivicSD shall review and approve the
location and type of lighting and security cameras to be placed on the exterior of
the building prior to installation.
9.
A CVS Manager or appropriate designee shall respond to complaints pertaining
to this use permit by members of the community within 24 hours of receiving the
complaint. Longs shall maintain a current point of contact on the premise and at
CivicSD to ensure full compliance with this condition.
10.
All sales clerks shall be trained and certified in a State of California approved
responsible alcoholic beverage sales training program. CVS shall provide
CivicSD staff with documentation of completed or proposed method of
training/certification prior to opening.
Standard Conditions
11.
This Permit may be revoked by CivicSD if there is a material breach or default in
any of the conditions of this permit. If the business creates a nuisance to the
surrounding neighborhood, based on a determination of the President of
CivicSD, this permit may be revoked after the holding of a public hearing.
12.
This Permit shall not become effective until:
a.
The Permittee signs and returns the Permit to CivicSD; and
b.
The Permit is recorded in the Office of the County Recorder.
13.
This Permit must be used within 36 months after the date of approval or the
Permit shall be void.
14.
After establishment of the business, the Property shall not be used for other uses
unless:
a.
Authorized by CivicSD; or
b.
The uses are consistent with all zoning and development regulations of
the Centre City Planned District Ordinance; or
Conditional Use Permit 2006-08A
c.
15.
Page 4 of 5
This permit has been revoked by CivicSD.
This Permit is a Covenant running with the lands and shall be binding upon the
Permittee and any successor or successors, and the interests of any successor
shall be subject to each and every condition set out in this permit and all
referenced documents.
Passed and adopted by the Hearing Officer of CivicSD on April 9, 2015.
CIVIC SAN DIEGO
Date of Decision: March 12, 2015
ATTEST:
____________________________
James Alexander
Date
Assistant Planner
The undersigned Owner and Permittee, by execution hereof, agree to each and every
condition of this Permit and promises to perform each and every obligation of Owner
and Permittee hereunder.
PERMITTEE:
____________________________
Linda Cimbron
Date
Garfield Beach CVS, LLC
Note: Notary acknowledgement
must be attached per Civil Code
Section 1189 et seq.
OWNER:
____________________________
Peter Splinter
Date
PSFH Market Street, LLC
Conditional Use Permit 2006-08A
Page 5 of 5
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State of California
County of San Diego
On _____________ before me, _____________________________________,
Date
Name, Title of Officer
personally appeared _____________________________________________,
Name(s) of Signer(s)
__
personally known to me - OR -
__
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
____________________________________
Signature of Notary
RECORDING REQUESTED BY:
Civic San Diego
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401 B Street, Suite 400
|
Civic San Diego
401 B Street, Suite 400
San Diego, CA 92101
AND WHEN RECORDED MAIL TO:
San Diego, CA 92101
|
|THIS SPACE FOR RECORDER’S USE ONLY
______________________________________________________________________
NOTE: COUNTY RECORDER, PLEASE RECORD AS
RESTRICTION ON USE OR DEVELOPMENT
OF REAL PROPERTY AFFECTING THE TITLE
TO OR POSSESSION THEREOF
DECISION OF THE CIVIC SAN DIEGO
HEARING OFFICER
CENTRE CITY PLANNED DISTRICT
CONDITIONAL USE PERMIT
NO. 2006-08A
CVS EAST VILLAGE
645 MARKET STREET
APN# 535-11-18-59
ATTACHMENT A
DECISION OF THE HEARING OFFICER OF THE
CENTRE CITY DEVELOPMENT CORPORATIONCIVIC SAN DIEGO
CONDITIONAL USE PERMIT NO. 2006-08A
CENTRE CITY ALCOHOL SALES PERMIT
This Conditional Use Permit (CUP) No. 2006-08A is granted by the Civic San
Diego (“CivicSD”) Hearing Officer to Linda Cimbron on behalf of Garfield Beach CVS,
LLC, Permittee, and Peter Splinter on behalf of PSFH Market Street, LLC, Owner, to
allow for an ABC License upgrade from Type 20 (Beer and Wine) to Type 21 (Beer,
Wine and Distilled Spirits) within an existing CVS store located at 645 Market Street in
the East Village neighborhood of the Downtown Community Plan Area pursuant to San
Diego Municipal Code (SDMC) Sections 156.0304, 156.0308 and 156.0315. The site is
legally described as Lot J in Block 97, of Hortons Addition, in the City of San Diego,
County of San Diego, State of California, according to the map thereof on file in the
office of the Clerk of Said San Diego County.
Subject to the terms and conditions set forth in this Permit, CUP No. 2006-08A is
GRANTED to the Owner and Permittee, and/or their successors, to permit the uses as
described and identified by size, dimension, quantity, type and location as follows and
on the approved Exhibit A on file in the CivicSD Planning Department.
WHEREAS, on February 6, 2006, Longs Drugs, Inc., filed an application for a
conditional use permit (CUP) to operate an 11,568 square foot alcohol beverage outlet
at 535 Sixth Avenue. The site, described as Lot J in Block 97, of Hortons Addition, in the
City of San Diego, County of San Diego, State of California, according to the map
thereof on file in the office of the Clerk of Said San Diego County, is located in the
Mixed-Use/Residential Land Use District of the Centre City Community Plan Area; and,
WHEREAS, on March 23, 2006, the Designated Hearing Officer of the Centre
City Development Corporation (CCDC) held a duly noticed public hearing and
considered Conditional Use Permit No. 2006-08, including a staff report and
recommendation and public testimony, pursuant to Sections 126.0304, 126.0305,
103.1904, 103.1919 and 103.1925 of the Municipal Code of the City of San Diego.
NOW, THEREFORE, BE IT RESOLVED by the CCDC Hearing Officer as
follows:
1.
That the proposed use or development will not adversely affect the applicable
land use plan;
2.
That the proposed use or development will not be detrimental to the public
health, safety, and welfare;
3.
That the proposed use or development will comply to the maximum extent
feasible with the regulations of the Land Development Code; and
4.
The proposed use is appropriate at the proposed location.
BE IT FURTHER RESOLVED that, based on the Findings hereinbefore adopted
by the Hearing Officer, Conditional Use Permit No. 2006-08 is hereby GRANTED
to the Longs Drugs, Inc. subject to the approved plans on file in the office of
CCDC and the following conditions:
1.
The approval is for an Alcohol Beverage Control Type 21 - Off-Sale Beer & Wine
license.
Off-Site Alcohol Beverage Sales
1.
The business shall maintain a valid license from the State Department of Alcohol
Beverage Control. The business shall be in compliance with all conditions of said
license at all times.
2.
No wine or distilled spirits shall be sold in containers of less than seven hundred
fifty (750) milliliters.
3.
3.
No malt or beer beverage products shall be sold in less than six-pack
quantities per sale.of 12-ounce bottles or other containers totaling a minimum of
64 ounces.
4.
No wine shall be sold with an alcoholic content greater than fifteen (15%) by
volume.
5.
Quarterly gross sales of alcoholic beverages shall not exceed twenty percent
(20%) of the quarterly gross sales of the establishment.
104.
No alcoholic beverages shall be sold or delivered except between the hours of
10:00 a.m. and 10:00 p.m. of each day of the week.
5.
7.
A maximum of 20% of the square footage of each window and door of the
premise may bear advertising or signs on the interior. Any grocery racks,
displays, or products placed above 48 inches (frosted area from ground to first
mullion) shall be setback a minimum of 5 feet from the storefront to ensure
visibility into the store to allow law enforcement personnel to have a clear and
unobstructed view of the interior of the outlet.
6.
8.
The owner/operator shall maintain the premise and the adjacent public
sidewalks free of loitering, litter and graffiti at all times. The owner/operator shall
provide trash receptacles pursuant to the specifications of the Centre City
Streetscape Manual, conveniently located for use by patrons, outside of the
alcoholic beverage outlet including adjacent public sidewalks.
7.
9.
The owner/operator shall post a prominent, permanent sign stating, “NO
LOITERING, CONSUMPTION OF ALCOHOLIC BEVERAGES, OR OPEN
ALCOHOLIC CONTAINERS ARE ALLOWED INSIDE THE PREMISES OR ON
THE PUBLIC SIDEWALKS ADJACENT TO THE PREMISES."
8.
10.
Adequate lighting shall be provided to the exterior of the building to
illuminate the adjacent sidewalk areas. Security cameras are to be installed
Conditional Use Permit 2006-08A
Page 4 of 7
discreetly on the exterior of the building and are to be monitored by store
personnel so as to provide video coverage of the storefront. CCDC CivicSD shall
review and approve the location and type of lighting and security cameras to be
placed on the exterior of the building prior to installation.
11.
This permit shall be reviewed before a duly noticed public hearing twelve-months
after the commencement of sale of alcoholic beverages to ensure conformance
with the conditions stated herein. Based on testimony received at the hearing,
the hearing officer may consider modifications to, or revocation of, the conditional
use permit. This condition will be reviewed at the twelve-month hearing to
determine if it is adequate and appropriate and may be considered for potential
amendment at that time.
9.
12.
A Longs DrugsCVS Manager or appropriate designee shall respond to
complaints pertaining to this use permit by members of the community within 24
hours of receiving the complaint. Longs shall maintain a current point of contact
on the premise and at CCDC CivicSD to ensure full compliance with this
condition.
13.
The business shall maintain a valid license from the State Department of Alcohol
Beverage Control. The business shall be in compliance with all conditions of said
license at all times.
10.
14.
All sales clerks shall be trained and certified in a State of California
approved responsible alcoholic beverage sales training program. Longs CVS
shall provide CCDC CivicSD staff with documentation of completed or proposed
method of training/certification prior to opening.
Standard Conditions
11.
15.
This Permit may be revoked by CCDC CivicSD if there is a material
breach or default in any of the conditions of this permit. If the business creates a
nuisance to the surrounding neighborhood, based on a determination of the
President of CCDCCivicSD, this permit may be revoked after the holding of a
public hearing.
12.
16.
This Permit shall not become effective until:
a.
The Permittee signs and returns the Permit to CCDCCivicSD; and
b.
The Permit is recorded in the Office of the County Recorder.
13.
17.
This Permit must be used within 36 months after the date of approval or
the Permit shall be void.
Conditional Use Permit 2006-08A
14.
Page 5 of 7
18.
After establishment of the business, the Property shall not be used for
other uses unless:
a.
Authorized by CCDCCivicSD; or
b.
The uses are consistent with all zoning and development regulations of
the Centre City Planned District Ordinance; or
c.
This permit has been revoked by CCDCCivicSD.
15.
19.
This Permit is a Covenant running with the lands and shall be binding
upon the Permittee and any successor or successors, and the interests of any
successor shall be subject to each and every condition set out in this permit and
all referenced documents.
20.
This conditional use permit shall expire on March 23, 2016 unless an extension is
granted. This permit may be extended through a duly noticed public process in
accordance with applicable regulations, in effect at the time of the extension
request.
Passed and adopted by the Hearing Officer of CCDC CivicSD on March 23, 2006April
9, 2015.
CENTRE CITY DEVELOPMENT
CORPORATION
PERMITTEE(S) SIGNATURE
___________________________
Lucy Contreras
Date
Assistant Planner
____________________________________
CIVIC SAN DIEGO
Date of Decision: March 12, 2015
ATTEST:
____________________________
James Alexander
Date
Assistant Planner
Longs Drugs, Inc.
Conditional Use Permit 2006-08A
Page 6 of 7
The undersigned Owner and Permittee, by execution hereof, agree to each and every
condition of this Permit and promises to perform each and every obligation of Owner
and Permittee hereunder.
PERMITTEE:
____________________________
Linda Cimbron
Date
Garfield Beach CVS, LLC
Note: Notary acknowledgement
must be attached per Civil Code
Section 1189 et seq.
OWNER:
____________________________
Peter Splinter
Date
PSFH Market Street, LLC
Conditional Use Permit 2006-08A
Page 7 of 7
****************************************************************************************************
State of California
County of San Diego
On _____________ before me, _____________________________________,
Date
Name, Title of Officer
personally appeared _____________________________________________,
Name(s) of Signer(s)
__
personally known to me - OR -
__
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
____________________________________
Signature of Notary
CIVIC SAN DIEGO
HEARING OFFICER
RESOLUTION NO. 2015-05
CONDITIONAL USE PERMIT NO. 2006-08A
CVS EAST VILLAGE
WHEREAS, on February 6, 2006, Longs Drugs, Inc., filed an application for a
conditional use permit (CUP) to operate an 11,568 square foot alcohol beverage outlet at
535 Sixth Avenue. The site, described as Lot J in Block 97, of Hortons Addition, in the
City of San Diego, County of San Diego, State of California, according to the map
thereof on file in the office of the Clerk of Said San Diego County, is located in the
Mixed-Use/Residential Land Use District of the Centre City Community Plan Area; and,
WHEREAS, on March 23, 2006, the Designated Hearing Officer of the Centre
City Development Corporation (CCDC) held a duly noticed public hearing and
considered Conditional Use Permit No. 2006-08, including a staff report and
recommendation and public testimony, pursuant to Sections 126.0304, 126.0305,
103.1904, 103.1919 and 103.1925 of the Municipal Code of the City of San Diego; and,
WHEREAS, on November 12, 2014, Linda Cimbron, on behalf of Garfield Beach
CVS, LLC, filed an application for an amendment to conditional use permit (CUP) No.
2006-08 to allow an upgrade from a Department of Alcohol Beverage Control (ABC)
Type 20 Off-Sale Beer and Wine License to a Type 21 Off-Sale General and to remove
the permit expiration date at the CVS located at 645 Market Street; and,
WHEREAS, on April 9, 2015, the Designated Hearing Officer of Civic San Diego
(CivicSD) held a duly noticed public hearing and considered Conditional Use Permit No.
2006-08A, including a staff report and recommendation and public testimony, pursuant to
Sections 126.0304, 126.0305, 103.1904, 103.1919 and 103.925 of the Municipal Code of
the City of San Diego; and,
WHEAREAS, Development within the Downtown Community Planning area is
covered under the Final Environmental Impact Report (FEIR) for the San Diego DCP,
CCPDO, and 10th Amendment to the Centre City Redevelopment Plan, certified by the
former Redevelopment Agency (“Former Agency”) and the City Council on March 14,
2006 (Resolutions R-04001 and R-301265, respectively) and subsequent addenda to the
FEIR certified by the Former Agency on August 3, 2007 (Former Agency Resolution R04193), April 21, 2010 (Former Agency Resolution R-04510), and August 3, 2010
(Former Agency Resolution R-04544), and certified by the City Council on February 12,
2014 (City Council Resolution R-308724) and July 14, 2014 (City Council Resolution R309115). The FEIR is a “Program EIR” prepared in compliance with California
Environmental Quality Act (CEQA) Guidelines Section 15168. The project is within the
scope of the development program described in the FEIR; therefore, no further
environmental documentation is required under CEQA.
BE IT RESOLVED, by the CivicSD Hearing Officer as follows: That the
CivicSD Hearing Officer adopts the following written findings dated March 12, 2015.
FINDINGS:
1.
The proposed use or development will not adversely affect the applicable land use
plan;
RESOLUTION NO. 2015-05
CUP NO. 2006-08A
CVS is a convenience store and pharmacy that includes off-site alcohol beverage
sales which is an allowed use under the CCPDO with approval of a CUP. The
proposed amendment will not adversely affect the applicable land use plan as it
adheres to the CCPDO and is consistent with the goals and policies of the DCP.
The CVS is in a land use district that accommodates a diverse array of uses and
allows commercial uses such as the proposed business.
2.
The proposed use or development will not be detrimental to the public health,
safety and welfare;
The proposed amendment that would allow an upgrade in ABC license type and
remove the permit expiration date will not be detrimental to the public health,
safety and welfare of the community when operated with the recommended
conditions of approval.
3.
The proposed use or development will comply to the maximum extent feasible with
the regulations of the Land Development Code; and
The proposed use will comply to the maximum extent feasible with the
regulations of the CCPDO and the San Diego Municipal Code for the particular
uses proposed with approval of a CUP. The proposed use will be required to
comply with all applicable regulations, conditions of approval under the CCPDO
and will be required to comply with the applicable requirements of the State
Department of Alcoholic Beverage Control and the SDPD.
4.
The proposed use is appropriate at the proposed location.
The East Village neighborhood includes other various retail, dining, and
entertainment uses. Allowing an ABC Type 21 license and removing the permit
expiration date would allow for expanded services at CVS that could benefit local
residents and tourists alike. Therefore, the establishment is appropriate at the
proposed location.
BE IT FURTHER RESOLVED that based on the findings, hereinbefore adopted
by the CivicSD Hearing Officer, CUP No. 2014-68 is hereby GRANTED by the CivicSD
Hearing Officer to the referenced Owner/Permittee, in the form, exhibits, terms and
conditions as set forth in CUP No. 2014-68, a copy of which is attached hereto and made
part hereof.
____________________________
James Alexander
Date
Assistant Planner
ADOPTED AND APPROVED by the Hearing Officer on April 9, 2015.
S:\Alexander\Permit Reviews\Process 3\2014-68 CUP (Quick Stop OSS)\2014-68_DraftReso.doc
2
ATTACHMENT B
ATTACHMENT C
CVS East Village
Alcohol Outlets Vicinity Map
Quick Stop
CUP 2014-68
(Pending)
Hub Market
CUP 2003-44A
Bacchus
CUP 2003-05
CVS East Village
Neighborhood
CUP 2011-58
Grapes and Hops
CUP 2012-33
Half Door Brewing
CUP 2012-71
ATTACHMENT D
CVS East Village
Alcohol Outlets Vicinity List
Permit No.
Business Name
Location
Hours Restriction
CUP 2003-05
Bacchus
647 G Street
10:00AM – 8:30PM
CUP 2003-44A
Hub Market
648 6th Avenue
10:00AM – 10:00PM
CUP 2011-58
Neighborhood
777 G Street
10:00AM – 10:00 PM
CUP 2012-33
Grapes and Hops
833 Market Street
10:00AM – 10:00 PM
CUP 2012-71
Half Door Brewing Co.
903 Island Avenue
10:00AM – 10:00 PM
CUP 2014-68 (Pending)
Quick Stop Market
728 4th Avenue
10:00AM – 10:00 PM
ATTACHMENT E
OWNERSHIP DISCLOSURE
The following is a list of the Partners of Solomon, Saltsman & Jamieson.
•
•
•
•
•
Stephen Warren Solomon
Ralph Barat Saltsman
Stephen Allen Jamieson
Rodney Bruce Evans
Ryan Michael Kroll
The firm does not have Articles of Incorporation. The only way to get a certified list of partners
is by making a public records request to the Secretary of State. All of these attorneys are listed
on the State Bar website, along with the Solomon, Saltsman & Jamieson website.
ATTACHMENT F
James Alexander
From:
Sent:
To:
Subject:
philip ochoa <[email protected]>
Thursday, March 05, 2015 7:13 PM
James Alexander
Re: CVS East Village, 6th & Market
Mr. James Alexander, Thank you for your response. Furthermore, the CVS store occupies the commercial space on the first floor of the Alta building and takes 80 to 90 percent of the first floor, and Alta’s 6th St. entrance and lobby occupy the remaining percentage, plus we share the same loading dock on 7th St. As Alta and CVS share the same space, that is the first floor area; the loitering, littering, graffiti, etc., spills over from CVS to the Alta entrance/lobby as the drunks, homeless and other problematic characters don’t know and don’t care where one begins and the other ends. CVS should be made to take responsibility for the entire base/perimeter of the Alta building, now that they want to become a liquor store. Everyone knows and anyone will tell you that a liquor store will attract certain issues and certain people associated with the selling of hard liquor, and that those issues affect the surrounding area. I don’t believe I’m telling you or anyone something new, for this is a well known fact. Therefore, CVS should provide two (2) outside security guards during store hours, for exclusive use in the outside area, who will patrol outside the entire perimeter of the Alta building. Also, CVS should provide personnel to maintain the entire Alta perimeter litter and graffiti free as CVS should have done all along for the last several years as per their conditional permit. Thank you, Phil Ochoa Alta resident 619 300 7357 > On Mar 5, 2015, at 3:25 PM, James Alexander <[email protected]> wrote: > > Yes, they must be in compliance with all current conditions before any new application request is approved. Thank you for your comment Mr. Ochoa. > > James Alexander | Assistant Planner > Civic San Diego | 401 B Street, Suite 400, San Diego, CA 92101 | www.civicsd.com > Phone: 619.533.7171 | Fax: 619.236.9148 | Email: [email protected] > > Please Note: This email communication may be subject to the California Public /Records Act and may be viewed by third parties upon request. > 1
ATTACHMENT G
> ‐‐‐‐‐Original Message‐‐‐‐‐ > From: philip ochoa [mailto:[email protected]] > Sent: Thursday, March 05, 2015 10:01 AM > To: James Alexander > Subject: CVS East Village, 6th & Market > > Hi James, > > > > After I received a notice by your office, I spoke with you a couple of days ago seeking clarification relative CVS East Village request to obtain authority to sell hard liquor in addition to their original license to sell beer and wine, which I think you said was issued in 2007. > > I was worried CVS was becoming a de facto liquor store and concerned about any additional safety and quality of life issues this step might bring to us, Alta building residents. I was informed since CVS requested the licensing, and the license was issued to CVS, CVS agreed to and was required and responsible, as part of being issued a license, to meet and live up to, in order to keep their license, the following: > > > 1) Deal with and prevent any LOITERING around the adjacent public sidewalks to the store, adjacent meaning next to or adjoining, basically the public sidewalks which form the perimeter around the store, front and sides > > > 2) Remove and deal with any LITTERING in the public sidewalks surrounding CVS as mentioned above. > > > 3) Remove any GRAFFITI in the surrounding public sidewalks and to the building. > > > > So, James, CVS wanted and requested and was issued a beer/wine license, with CVS actually knowing CVS was required and had to comply with ALL the conditions stipulated in that permit, three of which I mentioned above. And, should CVS not comply, their license is subject to removal, suspension, etc. Am I getting this right or is there something I
am missing? Please let me know. Thank you, James. > > > > Respectfully, > Phil Ochoa > 619 300 7357 2
James Alexander
From:
Sent:
To:
Subject:
ALLAN GOLDMAN <[email protected]>
Friday, March 06, 2015 8:48 AM
James Alexander
Re: CVS @ 6th and Market application for liquor license
Thanks James for your rapid response.
I'm going to attach a picture I just took one hour ago to emphasize the point I made in my email to you.
Allan
1
On Mar 5, 2015, at 3:29 PM, James Alexander <[email protected]> wrote:
2
Hello Mr. Goldman,
We rely on public comments and complaints when enforcing conditions of approval on
CUPs. When there enough complaints, CivicSD investigates the situation and it may need to be
sent to another public hearing to consider revocation of the permit. Thank you for your
comment.
James Alexander | Assistant Planner
Civic San Diego | 401 B Street, Suite 400, San Diego, CA 92101 | www.civicsd.com
Phone: 619.533.7171 | Fax: 619.236.9148 | Email: [email protected]
Please Note: This email communication may be subject to the California Public Records Act and
may be viewed by third parties upon request.
-----Original Message----From: ALLAN GOLDMAN [mailto:[email protected]]
Sent: Thursday, March 05, 2015 2:46 PM
To: James Alexander
Subject: CVS @ 6th and Market application for liquor license
Dear Mr.Alexander,
I am an owner in the Alta condo above the CVS pharmacy. My concern about the new
application for selling liquor, is that CVS pharmacy is not currently abiding by the conditions
they agreed to before getting their beer and wine license. Specifically, there is quite a bit of
loitering and littering at the entrance to the pharmacy.
At the minimum, they need to abide by previous agreements before being given a new license.
Perhaps adding an outside security guard will help alleviate the problem during hours that the
pharmacy is open.
Also, how are current agreements being enforced?
Allan Goldman, MD
575 6 Ave # 805
San Diego, CA
3