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HomeMy WebLinkAbout65-Planning 'CI~~' OF SAN BERNARDIN~ '~E~tiEST FOR COUNCIL AiTION From: Larry E. Reed, Director Subject: Appeal of Planning commission's Denial of Conditional Use Permit No. 90-15 Dept: Planning and Building Services Date: ~1ay 22, 1990 Mayor and Common Council Meeting June 18, 1990, 2:00 p.m. Synopsis of Previous Council action: On May 8, 1990, the Planning Commission denied by a 5 to 2 vote Conditional Use Permit No. 90-15 for the sale of beer and wine for off-site consumption in an existing mini-market. :." ',. 1"'1 " ,.,~ (') No previous Council action. I, :~:-; (:l ,~ ~r, ,:,-;": Recommended motion: That the hearing be closed; and, that the Mayor and Council deny the appeal and deny Conditional Use Permit No. 90-15, based on the Findings of Fact containing in the Statement of Official Planning Commission Action, Exhibit B. (Supports Planning Commission's Denial). OR That the hearing be closed; and, that the Mayor and Council uphold the appeal and approve Conditional Use Permit No. 90-15, based on Findings of Fact and Conditions of Approval contained in the May 8, 1990 Planning Commission Staff Report, Exhibit D. ~pports staff recommendation to Planning Commission). ~ ~~~ Larr . Reed Signature Contact person: Larry E. Reed Phone: 384-5357 1 Supporting data attached: Staff Report Ward: FUNDING REOUIREMENTS: Amount: N / A Source: (Acct. No.) (Acct. DescriDtion) Finance: Council Notes: 75.0262 Agenda Item No ~5 'CI"'" OF SAN B~RNARDIrh:, - R~oJEST FOR COUNCIL ~TION STAFF REPORT Subject: Appeal of Conditional Use Permit No. 90-15, Denial Mayor and Council Meeting - June 18, 1990 REQUEST The applicant, Mr. Mohammad Khan, is appealing the denial of Conditional Use pemit No. 90-15 by the Planning Conunission. The applicant requests that the Mayor and Council approve the Conditional Use Permit for the sale of beer and wine for off- site consumption in an existing mini-market. BACKGROUND Conditional Use Permit (CUP) No. 90-15, requesting approval to permit the sale of off-site consumption in a mini-market located at the northwest corner of Highland Avenue and "H" Street, was denied by the Planning conunission by a 5 to 2 vote on May 8, 1990. Staff reconunended approval, subject to conditions which include a one-year review of the impacts associated with the sale of beer and wine for off-site consumption. The 1,028 square foot market occupies a tenant space within a 3,080 square foot multi-tenant retail building located in a property designated CG-1, General Conunercial. The CUP is exempt from the provisions of the California Environmental Quality Act (CEQA) under Article 19, Section 15301. The staff report concluded that due to the low concentration of off-sale al-cohollicenses in the area, the below average crime statistics for the area and the conditions proposed by staff, that approval .of CUP No. 90-15 should not result in the detriment to the health, safety and general welfare of the residents in the area. However, the Planning Conunission was concerned about the close proximity of the market to residents and schools, and that the existing problem of panhandling and loittering in the area would become aggravated by the granting of the CUP. A resident of the area also testified against the project. BASIS OF APPEAL 1. Crime statistics indicate that the overall crime rate in District SC425 is about 26% below the average. 2. Staff reconunendation was for conditional approval. 3. Original Findings of Fact was for conditional approval. 75.0264 ~PEAL OF CONDITIONAL USE ( iMIT NO. MAYOR AND COMMON COUNCIL ME~ING OF MAY 23, 1990 PAGE 2 ," ~15 JUNE 18, 1990 ) 4. There is an existing market in the area that sells beer and wine. 5. The owner has documentation verifying compliance with $a1~s to mipor laws. 6. Business cannot exist without the sales component of beer and wine. OPTIONS AVAILABLE TO THE MAYOR A.~D COMMON COUNCIL The Mayor and Common Council may deny the appeal and deny Conditional Use Permit No. 90-15 or uphold the appeal and approve Conditional Use Permit No. 90-15. PLANNING COMMISSION RECOMMENDATION Based on the action of the Planning Commission the Commission recommends denial of the Conditional Use Permit. Prepared By: John E. Montgomery, AICP Principal planner For: Larry E. Reed, Director Planning and Building Services Exhibit A - Letter of Appeal to the Mayor and Council B - Statement of Official Planning Commission Action C - Public Hearing Notice D - May 8, 1990 Planning Commission Staff Report /ke ,,-.'" ~IBIT A r,\ -...) '\ -I ." May 17, 1990 City Clerk 300 North "D" Street San Bernardino, Ca. 92405 00 rn@rnnwrn[ID MAY 1 8 1990 RE: Conditional Use Permit No. 90-15 CITY PLANNIt~G DIVISION SAN BERNARDINO. CA To Whom it may concern: On May 8, 1990, the Planning Commission denied CONDITIONAL USE PERMIT NO. 90-15. Thus, denying the request of said Conditional Use Permit to permit the sale of beer and wine for off site consumption at an existing business. The intent of this document is to issue a formal appeal of the decision made by the Planning Commission. JUSTIFICATION FOR THE APPEAL: 1. The site of the proposal is located within the Police Department Reporting District SC425. Crime statistics indicate that the overall crime rate in the District is approximately 26% below the average for crime reporting districts in the City of San Bernardino. 2. "Due to the low concentration of off-sale alcohol licenses in this census tract, the below average crime statistics for the area, and the conditions proposed by Staff, approval of Conditional Use Permit No. 90-15 should not result in a detriment to the health, safety and general welfare of the residents in the area." This statement was submitted by Larry E. Reed, the Director of Planning and Building Services, who recommended approval of the permit based on Findings of Fact, and subject to his Conditions of Approval. 3. "FINDINGS OF FACT", which support the argument proposed by Mohammad Khan and directly reflect primary concerns of Planning Commission. A. (#2) "The proposed use WILL NOT adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. Conditions of approval should mitigate potential negative impacts on the residential properties to the north." B. (#4) "Whereas Review of Plans no. 86-135 was evaluated by the City Traffic Engineer who determined that the commercial center would not significantly impact existion patterns of circulation, and due to the fact that the Planning Division determined that the commercial development provides sufficient off-street parking to serve the proposed use, the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and that adequate parking is provided.' 4. It was a general concern of the Planning Commission that the - \.".,j Cage 2 , " ,-I ., >../ increase of the liquor license would have detrimental affects -due to the fact that there are two schools in the vicinity. Yet we must realize two facts: 1. There is a 7-11 located at the Southeast corner of "H" and Highland Avenue which already possesses a license of this type. 2 J: Mohammad Khan was commended by the Fontana Police Department for~ refusal to sell alcoholic beverages to minors at ~ prior business that existed in the city of Fontana. 5. Without the Conditional Use Permit 90-15 the Corner Market will undoubtedly continue to operate at a loss, resulting in the closing of the market. CONCLUSION: I am a credit to the entreprenual spirit. I have established a responsible business here in San Bernardino for the hope of becoming a success. My merits are documented. As a businessman I have a right to survival, which in this case, for this business, means a license which is already in existence by a franchise business across the street. It is documented that the increase of another beer and wine license will not be detrimental to the community. Yet, the addition of a honest businessman as well as a family business will be a credit to the community. These are the primary reasons that justify this appeal of the desision of the Planning Commission on the Conditional Use Permit NO. 90-15. Sincerely, ~C)MM.M.h{) ~ ~+t A-/\J Mohammad Khan Owner, Corner Market 804 West Highland San Bernardino, Ca. 92405 - - - ., "- OHIBIT B ~ :) City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 90-15 Applicant: Mohammad Khan for Green Isle Development Co. ACTION Meeting Date: May 8, 1990 x Denied Request Based Upon the Attached Findings of Fact (Attachment A). ygn Ayes: Nays: Abstain: Absent: Clemensen, Corona, Lindseth, Lopez, Stone Cole, Jordan None Sharp I, hereby, certify that this Statement of Official Action accurately reflects the final determination of the Planning Cooa1s~g:;c ;; ..=rdl~~# 30/s-0 Signat e Date I Larry E. Reed Director of Planning and Building Services Name and Title' cc: project Applicant Project property owner Building and Safety Department Engineering Division Case File mltf PCAGENDA: PCACTIONA - -- -- -- ". \...- Conditional Use Permit No. 90-15 ,.!';'TACHMENT ~, \... """ FINDINGS OF FACT , ) 1. Whereas the proposed use is permitted in the CG-1, General Commercial, Land Use Designation--subject to the approval of a Conditional Use Permit--it is in conformance with the objectives of the the City's General Plan. 2. Due to the proximity of the residential properties to the north, being approximately 12 feet from the subject property, the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health and general welfare in that the commercial development on the site was approved under Review of Plans no. 86-135. 4. Whereas Review of Plans no. 86-135 was evaluated by the City Traffic Engineer who determined that the commercial center would not significantly impact existing patterns of circulation, and due to the fact that the Planning Division determined that the commercial development provides sufficient off-street parking to serve the proposed use, the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and that adequate parking is provided. 5. Based on the above noted Findings, the granting of Conditional Use Permit no. 90-15 will be detrimental to the peace, health and safety and general welfare of the citizens of the City of San Bernardino. -- - .r- "'"' CIBIT C '\ J ''\ J OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF CONDITIONAL USE PERMIT NO. 90-15 r THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL BY APPLICANT. "'" SUBJECT: CONDITIONAL USE PERMIT NO. 90-15 APPEAL WARD #. OF PLANNING COM!~ISSION DENIAL 5 PROPERTY LOCATION : Located at the northwest corner of Highland Avenue and "H" Street, at 804 w. Highland Avenue. PROPOSAL: To permit the sale of beer and wine at an existing mini-market for off-site consumption. PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH "0" STREET SAN BERNARDINO, CA. 92418 \ , HEARING DATE AND TIME; Monday, June 18, 1990, 2:00 p.m. A DETAILED DESCRIPTIDN DF THE PROPOSAL IS ON FILE IN THE PLANNING DEPARTMENT AT CITY HALL. IF YOU WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PRIOR TO THE PUBLIC HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING (714) 384-5057. THANK YOU, j'-' 'M" .kJ .c -''-'''\. I.."...tfIBIT.D -....I :J CiTY OF SAN BERNARDINO PLANNING DEPARTMENT '" SUMMARY l&J fI) ~ t; l&J ::> ~ a: .... 4 l&J a: 4 AGENDA ITEM HEARING DATE WARD a 5/B/90 " ... CONDITIONAL USE PERMIT NO. 90-15 APP~ICANT' Mohammad Khan 804 W. Highland Ave., "c" san Bernardino, CA 92405 OWNER, Green Isle Development, C P.O. Box 8039 Rowland Heights, CA 91748 The applicant requests approval of a Conditional Use Permit under the authority of Code Section 19.83.500, to permit the sale of beer and wine at an existing market for off-site con- sumption. Subject property is a 0.58 acre parcel, located at the northwes corner of Highland Avenue and "H" Street, and is further de- scribed as 804 W. Highland Avenue. EXISTING LAND USE Retail Commercial Residential Restaurant Service Station .Office Building GENERAL PLAN DESIGNATION General Commercial Suburban Residenti General Co~ercia1 General Commercial General Commercial PROPERTY Subject North South East West ZONING CG-1 RS CG-1 CG-1 CG-1 GEOWGIC I SEISMIC DVES F~OOD HAZARD DYES OZONE A ( SEWERS iii YES ) HAZARD ZONE K]NO ZONE Ii NO OZONE B ONO HIGH FIRE DVES AIRPORT NOISE I oVES REDEVE~OPMENT IDVES HAZARD ZONE KINO CRASH ZONE IXI NO PROJECT AREA oNO ..J o NOT o POTENTIA~ SIGNIFICANT Z !XI APPROVAL ~ A~ICAB~E EFFECTS 0 WITH MITIGATING - IXI Zft) MEASURES NO E.I.R. ti CONDITIONS l&JC!) I3a EXEMPT o E.I.R. REQUIRED BUT NO I&.C 0 2Z 1&.15 DENIAL Z- SIGNIFICANT EFFECTS OC WITH MITIGATING t!2 0 CONTINUANCE TO a:Z MEASURES ft)2 :;iL 0 Z oNO o SIGNIFICANT EFFECTS () l&J SIGNIFICANT SEE ATTACHED E.R.C. l&J EFFECTS MINUTES a:: NOV. 1.1. REVilED tlULY I". en .c c .."...... ~ .....,/ r CITY OF SAN BERNARDINO PLANNING DEPARTMENT . - C~SE cUP 90-15 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 8 5/8/90 ? REOUEST The applicant requests a Cunu~t.~wmll Use Permit, under the authority of Code Section 19.26.020Ib.151, to sell beer and wine at an existing 1,028 square foot market for off-slte consumption. SITR LOCATION . The market occupies a tenant space within a 3,080 square foot multi-tenant retail building located on the northwest corner of Highland Avenue and "H" Street, and is further described as 804 West Highland Avenue, Suite C. The General Plan Land Use Designation for the subject property is CG-1, General Commercial. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and is inconformity with the General Plan, as shown in Attachment A. CEQA STATUS Conditional Use Permit tb. 90-15 has been determined from the provisions of the California Environmental under Article 19, Section 15301. to be exempt Quality Act BACKGROUND Several applications have been submitted on this site. On October 4, 1983, a request to establish a Kentucky Fried Chicken Restaurant under C.U.P. 83-32, was approved by the Planning Commission. Variance NO. 84-14, a request to reduce the required number of parking stalls, vas denied by the Planning Commission on August 7, 1984. ReView of Plans Wo. 86-135, the application to construct the 3,080 square foot multi-tenant center in which the applicant is currently an occupant, vas approved by the Development Review Committee on December 4, 1986. On January 26, 1988, a request to establish a liquor store within the subject building, under Conditional Use Permit No. 87-72, was denied by the Planning Commission. Although Staff recommended approval based on below average crime statistics and due to the determination that similar uses in the area had not yet reached saturation, the proposal vas opposed by area residents and was recommended for denial by the Police Department. - .c t'"" '- " :) -./ CITY OF SAN BERNARDINO PLANNING DEPARTMENT . . _. CASE CUP 90-15 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 8 5/8/90 3 On February 26, 1990, Mohammad Khan submitted an application for a Conditional Use Permit to sell beer and vine for off-site consumption at the aforementioned site. On March 13, 1990, Mr. Khan sub~itted an application to the Department of Alcoholic Beverage Control, requ~sting a Type 20, off-site beer and vine license. The proposed hours of operation are 6:00 a.m. to 8:00 p.m., seven days a week. The distinction between C.U.P. 87-72 and the current request should be duly noted: the previous request vas for the establishment of off-site sales of beer, vine and distilled spirits; the current request is for the incorporation of beer and vine sales only vithin a convenience store that has been in operation since January of 1990. ANALYSIS Compatibility with the Neighborhood The subject property lies within the CG-l, General Commercial, Land Use District. Properties to the immediate east, west, and south are also designated CG-1, with land uses consisting of a restaurant, a service station and an office building, respectively. Properties to the north, however, are currently designated RS, Suburban Residential. All of the above mentioned land uses are currently in conformance with the General Plan. The nearest residences are approximately 75 feet from the subject building and approximately 12 feet from the parking lot of the SUbject property, separated by an alley. The nearest school, Arrowviev Junior High is approximately 1/10 of a mile . from the SUbject property. Faith Bible Church and Campo Santo Hemorial Park are approximately 6/10 of a mile from the site. Crime Rate in the Vicinity The site of the proposal is located within the Police Department Reporting District SC425. Crime statistics indicate that the, overall crime rate in the District is approximately 26\ below the average for crime reporting districts in the City of San Bernardino. During the previous year 15.8\ of the Part II arrests (Part II arrests generally consist of alcohol, narcotic and. weapons infractions) were alcohol related. During the previous ninety days approximately 13.6\ of the Part II arrests were alcohol related. --- -- 'c c .... ...) y CITY OF SAN BERNARDINO PLANNING DEPARTMENT .. . CASE CUP 90-15. OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 8 5/8/90 d Concentration of Alcohol Outlets in the Census Tract The subject property is located within Census Tract 53. The census count for this tract as of January 1, 1986 was 3,684. The boundaries for this census tract are Highland Avenue on the south, Highway 30 on the west, 28th Street on the north and Waterman Avenue on the east. There are seven existing on-sale licenses in this census tract; only five are allowed. Four off-sale licenses are allowed in this tract~ Currently, there are two off-sale licenses--both of which are for beer and wine only. As of this writing, there are no other pending applications. Beyond the census tract, the nearest on-sale locations are: Bing's Chinese Restaurant, located 1/10 of a mile from the site; Golden Dragon Restaurant, located 6/10 of a mile from the site; and The Harquis Bar, also located 6/10 of a mile away. The nearest off-sale sites are: 7-11, located 165 feet from the subject property; Hobil Hini Hart, located 171 feet from the site; and Smitty's Liquor, which is 1/10 of a mile from the site. 1- COMMENTS RECEIVED Police Department While making no specific recommendation for approval or denial, ~~~ ~~~~~et~:p:~;~~:t's report of the investigation (Attachment D) request could possi~fyC~~~~us~~nathait approval of the applicant's calls f n ncrease in crime and police or service in the reporting district and th t i public intoxication~' loitering and alcoh~l ha ncidents of could increase. ' pure ases by minors Area Residents On April 3, 1990, Detective John Di f Department contacted several resi~:n~s i~eisan Biernardino Police vicinity of the site Hos v ng n the immediate opposition citing c~n t residents interviewed expressed 1 i' cerns over the increased 1itt o tering and a general intensificatio f ering, would occur as a result of n 0 negative impacts that established in'the area. yet another alcohol outlet being - - , ,.. '"" -- - .""""1 ....." ''\ -J CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 90-15 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE II 5/8/90 5 The Police Department's report of the investigation (Attachment D) did issue the standard conclusion that approval of the applicant's request could possibly lead to an increase in crime and police calls for service in the reporting district, and that incidents of public intoxication, loitering, and alcohol purchases by minors could ,increase. . Area Residents On April 3, 1990, Detective John Diaz of the San Bernardino Police Department contacted several residents living in the immediate vicinity of the site. Host residents interviewed expressed opposition, citing concerns over the increased littering, loitering and a general intensification of negative impacts that would occur as a result of yet another alcohol outlet being established in the area. One resident, who lives directly behind the' nearby 7-11, complained of past disturbances from loiterers and from trash being thrown into her backyard, ultimately forcing her to discontinue the use of her yard. A resident, whose backyard is separated from the SUbject property parking lot by the alley, , fears that similar problems would ensue as a result of the ~ranting of the applicant's request. Department of Alcoholic Beverage Control (ABC) On April 24, 1990, the Planning Staff contacted Inspector Lyons of the Department of Alcoholic Beverage Control. Hs. Lyons informed the case planner that the applicant's request was under protest i from area residents, who expressed opposition to the proposal during the 30-day posting period, which commenced on Harch 13, 1990. If at least one of those protests is validated, and if C.U.P. 90-15 is approved by the City, an investigation will be conducted by ABC. The ultimate decision to grant or to deny Hr. Khan's request, based partially 'on the investigation, will be made by ABC. ~DN~usrON Several area residents have expressed concern that they would be adversely affected by the approval of the applicant'. request for a beer and ,wine license. However, due to the low concentration of off-sale alcohol license. in the census tract, the balow average crime stat1stics for the ar.a, and the conditions proposed by Staff, approval of Conditional Us. Per.it DO. 90-15 should not re.ult in a detriment to the health, safety and general welfare of the residents in the area. .- '-' c ...~- ~ - '\, '.J CITY OF SAN BERNARDINO PLANNING DEPARTMENT . _. CASE CUP 90-15 OBsERYATIONS I... AGENDA ITEM HEARING DATE PAGE RI:COMMENDA'I'ION II 5/8/90 F; It is recommended that the Planning Commission approve Conditional Use Permit no. 90-15, based on the attached Findings of Fact, and subject to the attached Conditions of Approval. It is further recommended--to address the area residents' concerns regarding littering and loitering--that the Planning Commission restrict the business hours from opening prior to 7:00 a.m. and from closing after 9:00 p.m. Respectfully submitted, d~r~W Larr.j/E. Reed Director of Planning and Building Services Grego~ Assistant Planner Attachment: A ~ Municipal Code and General Plan Conformance B - Findings of Fact C - Conditions of Approval D - Police Department Investigation E - ,~ite Plan, Floor Plan and Elevations F - Location Hap -r' ""'" CCHMENT AO ...) CITY OF SAN BERNARDINO PLANNING DEPARTMENT . _. CASE CUP 90~15 OBSERVATIONS AGENDA ITEM 8 HEARING DATE <;/8/90 PAGE ~ MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE . ... . r. . CTACHMENT i:J - J CITY OF SAN b.:RNARDINO PLANNINu DEPARTMENT CASE CUP 90-15 FINDINGS of FACT tl 5/B/90 tl AGENDA ITEM HEARING DATE PAGE .INDINGS o. .ACT 1. Whereas the proposed use is permitted in the CG-1, General Commercial, Land Use Designation--subject to the approval of a Conditional Use Permit--it is in conformance with the objectives of the the City's General Plan. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. Conditions of approval should mitigate potential negative impacts on the residential properties to the north. 3. The si:e and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health and gener.al wel fare in that the commercial development on the site was' approved under Review of Plans no. 85-135. 4. Whereas Review of Plans no. 85-135 was evaluated by the City Traffic Engineer who determined that the commercial center would not significantly impact existing patterns of circulation, and due to the fact that the Planning Division determined that the commercial development provides sufficient off-street parking to serve the proposed use, the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and that adequate parking is provided. 5. Based on the above. noted Findings, and under the mitigating conditions imposed, the granting of Conditional Use Permit no. 90-15 will not be detrimental to the peace, health and safety and general welfare of the citi:ens of the City of San Bernardino. , C CACHMENT C:.J - :J CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 90-15 . CONDITIONS l AGENDA ITEM HEARING DATE PA E 8 STANDARD CONDITIONS 1. x Minor modifications to the plan shall be subject to approval by the Director of Planning. An increase of more than 10 percent of the square footage or a . significant change in the approved concept shall be subject to (Planning Commission and Development Review Committee) review and approval. construction shall be in substantial conformance with the Plans approved by the Development Review Committee, Planning Commission or Director of Planning. The developer is to submit a complete master landscape and irrigation plan (4 copies) for the entire development to the Engineering Department with the required fee for approval, the landscape plans will be forwarded to the Parks, Recreation, and Community services and the Planning Department for review and approval. (Note: the issuance of a building permit, by the Department of Building and Safety of the City of San Bernardino, does HQI waive these requirements/conditions.) No grading permits will be issued prior to approval of landscape plans. The design shall include, but not be 'limited to the. following: Street trees shall be planted on 35 foot center spacing unless otherwise indicated by the Department of Parks, Recreation, and Community Services. The Parks Department shall determine the varieties and locations prior to planting. A minimum of 25' of the trees shall be 24" box specimens. Trees are to be inspected by a Park Division representative Drior to planting. Planters shall be enclosed with concrete curbing. The setbacks from the north _ , south _ , east _ , west _ property line shall be bermed at a maximum 3:1 slope and shall be planted with a tall fescue type turfgrass. A Landscape buffer zone shall be installed between, facilities and street. .... ,~........ i - c . \ -....I -....I AGENDA ITEM 8 HEARING DATE~- PAGE ---:ru-- 2. x 3. x . The landscape and irrigation plans shall comply with the -Procedure and Policy for Landscape and Irrigation- (available from the Parks Department). Subject to the Conditions of the Department of Parks and aecreation (attached). Trees, shrubs and groundcover of ' a type and quality generally consistent or compatible with that characte~izing single- family homes shall be provided in the front yard and that portion of th side yards which are visible from the street. All landscaped areas must be provided with an automatic irrigation system adequate to insure their viability. The landscape and irrigation plans shall be approved by the Parks and aecreation Department. At all times the business will be operated in a manner which does not produce obnoxious noise, vibration, odor, dust, smoke, glare, or other nuisance. A sign program for the multi-tenant commercial/industrial center shall be approved by the Planning Department prior to issuance of Certificate of Occupancy. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. 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 obligation under this condition.' PCAGENDA:STNOCONDITIONS 10/19/89 ~. . c - C"CHMENT C, ") ...#') - ~ CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 90-15 (. . CONDITIONS AGENDA ITEM HEARING DATE PAGE 8 5/8/9_0. 11 4. .~. . .... Alcoholic Beveraae Conditional Use Permit 1. After 12 months of operation of the business, the license owner, shall submit to the City two sets of mailinq labels of property owners and their address and/or tenants addresses of property within 500 feet of the exterior boundaries of the business property owned by the licensee. A map illustratinq the 500 foot radius boundary and all parcels within that boundary shall also be submitted. This information shall be obtained from the latest San Bernardino County equalized assessment roll and maps. After receipt of the mailinq labels and map, the City will send an evaluation questionnaire to those neiqhborinq property owners and residents, Councilmembers and Police. This evaluation questionnaire will ask questions about the operation impacts of the business, the effectiveness of current conditions of approval and any proposed chanqes to the conditions of approval. If any substantiated and substantial neqative evaluations are received or at the City'S discretion, a public hearinq with the Planninq commission shall be held. Upon notice by the City, fifty percent of the latest Conditional Use Permi~ application fee shall be paid by the applicant for the preparation of the evaluation report to the Planninq commission. After the public hearinq the planninq Commission may modify any existinq conditions of approval, add new conditions of approval or revoke the Conditional Use Permit. These revised conditions or revocations shall be permanent and subject to appeal to the Kayor and Common council within 15 days after imposition. The above process operation impacts may years of operation as of evaluation of the business be required in any subsequent determined by the City. 'f OACHMENT Q "'1 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 90-15 (< '. '6. (>. CONDITIONS AGENDA ITEM --1l HEARING DATE 5/8/90 PAGE 1:2 .' 5. 7. 8. 9. 10. 11. 2. Operation quidellnes that the licensee should follow in the sellinq of alcoholic beveraqes are: Not permittinq drinkinq in the parkinq lots. Not allowinq drunks on the premises. Discouraqinq loiterinq on the premises and conqreqation of qroups of people. Not sellinq to minors or someone under the influence. Maintaininq a clean store and parkinq lot, includinq immediate trash pick-up and qraffiti removal, and maintaininq the landscaped areas. Limitinq sales of individual or small amounts of beveraqes that could be consumed immediately on or near the store premises. Arcade qame machines shall not be located on the premises. outdoor public telephones shall not be allowed. Alcoholic beveraqe shall not be allowed to be consumed on the premises (inside or outside) of the project property under ownership of the licensee. 3. 4. 5. There shall be to identify any of any property sufficient, maintained exterior liqhtinq person or thrir activities by the Police under ownership of the licensee. 6. Two documented Alcoholic Beveraqe Control violations for sales to minors or to someone under the influence shall result in the immediate revocation of a store's Conditional Ose Permit. 7. The outside area shall be kept clean by immediate trash pick-up and/or sweepinq, all qraffiti shall be removed within seven days of occurrence and the developed areas shall be properly maintained. The above Conditional Ose Permit conditions of approval shall be posted inside the store at a prominent public location. . 8. ATT~NT C ,'OJ CITY OF SAN BERNARDINO PLANNlNG DEPARTMENT CASE CUP 90-15 /'>' c CONDITIONS AGENDA ITEM B HEARING DATE 5,LB Ian PAG 13 .' 12. 9. Possible additional conditions of approval, based upon a negative evaluation process outlined above, include but are not limited to the following conditions.of approval: TvDioal conditions of Annroval Alcoholic Beveraae Conditional Use Permit A. Arcade game machines shall not be located on the pr_ises. B. outdoor public telephones shall not be allowed. - c. Signs saying "No loitering", "No littering" and "No public drinking" shall be posted in the front, rear or sides (as appropriate) of the establishments. Store _ployees shall be required to advise anyone loitering to leave. D. Alcohol beverages shall not be consumed on the pr_ises (inside or project property under ownership of allowed to be outside) of the the licensee. E. There shall be sufficient maintained exterior lighting to identify any person or their activities by the Police of'any property under ownership of the licensee. F. Sales of single beer or wine cooler containers shall not be permitted. Beer must be sold only in six-packs and wine coolers in four-packs. G.cups and corkscrews or individual servings of ice shall not be sold, except soft drink dispensers. ~ B. Wine shall not be sold in containers 750 ml. or with an alcoholic content 15'. smaller than greater than I. Business hours for sale of alcoholic beverages shall be restricted from opening earlier than 7:00 a.m. or Closing later than 9:00 p.m. J. only one sign advertising "liquor" shall be (.. .c ... ATT01ENT C :j -) ,. -..." 'CITY OF SAN BERNARDINO PLANNING DEPARTMENT .' CASE ~CUP 90-15 c CONDITIONS AGENDA ITEM. 8 HEARING DA~ 5/8/90 PAGI' 15 K. L. M. N. O. /ke (.. 10.. . ..... allowed. . Neon beer or wine window signs visible from the outside shall not be permitted. Refrigerated beer or wine shall not be sold. Alcoholic beverage sales shall not constitute more than 30t of the markets shelf space. Alcoholic beverage sales shall not constitute more than 30t of the qross sales, and quarterly receipt records shall be made available for City inspection. All alcohol sales shall be by clerks 21 years of age or older. TWo documented Alcoholic Beveraqe Control violations for sales to minors or to someone under the influence shall result in the immediate revocation of a store's Conditional Use Permit. P. The outside area shall be kept clean by immediate trash pick-up and/or sweepinq, all qraffiti shall be r_oved wi thin seven days of occurrence, and the landscaped areas shall be properly maintained. On-site security patro~' quard coverage shall be provided durinq business hours. Q. R. On-site . electronic surveillence shall during business hours. be required s. The display area shall be limited store. for the sale of alcohol beverage to the rear one-third of the '1'. The above Conditional Use approval shall be posted prominent public location. permit inside conditions of the store at a . .c OICS ~.:)8' ~TTACHMENT D APPLICATION FOR CONbATIONAL USE PERMITS FOR ~~dOL BEVERAGE , ...,I LICENSES l LOCATION. . Conditional v.. Permit Return to Planning by. No. 90-15 4-11-90 - I. Reporting Dbtrict SC425 Previou. Year ~ru. 123 .. RD 680 , RID Average -26% Part I Cru.. 60 Part U Arr..t. 63 18 . per.on Property 42 Alcohol Rela\.ed 10 = 15% (I) pnviou. 90 day. Part I Cru.. 49 Part U Arre.t. 22 Per.oD 15 Property 34 Alcohol Related 3 = 13.6% (I) u. Can.a Track 53 Cen.u. Count 3.684 Boundarie. Highland Ave. on the south, Hwy 30 on the west, 28th Street on the north, .Waterman Ave on the east On-Sale lieenae. allowed pending o 5 axi.ting 7 LoeatioD !Ie! Ottos Inn Restaurant 128-132 E. Hiah1and The Little Dragon Chinese 178 E. Hiahland J's Coffee Shop 250 E.'Highland Coco's Restaurant 284 E. Highland ElgJ.n ana Fagan 336 W. Highland Tne pJ.ayers 2347 N. Sierra Way :snaKeys 2433 N. Sierra Way f I City 47 VP~ Restaurant 41 ves 41 yes 41 ves 48 ves 47 yes 41 yes T Off-Sale Privilege. . , . ,/"" '- 1'""\ U "" .~ .xi.~ing 2 , "..J Off-Sale Lic.n... Loc.~ion. J-N-J Grocers 324 w. Hiah1and Flowerloft 348 W. Hiqhland .llowed 4 pending City. o na - .,n ~ 88 ,n :;9& ... . III. Gener.l Vicini~y Di.~ance to neare.t, Dia~ance School Arrowview Jr. High 2299 N. 'G' Street 1/10 mile Church Faith Bible Church 6/10 mile 2898 N. 'G' St. Park. Campo Santo Memorial Park (27 & ESt) t On-S.le Licen.e tiings Chinese Restaurant 949 W. Highland (T-47) The Marquis 1036 w. Hinhl~n~ IT-4R' Golden Dragon Restaurant ,nA~ w u;g~'~"~ {~_A') Off-Sale License 7-11 797 W. Hiqhland (T-201 Mobile, 847 W. Highland (T-20) Smitty'S Liquor. 924 W. Hiqhland IT-21) Sunshine Food Store, 995 w. Highland (T-20) 165' 171' 1/10 mile 2/10 mJ.le . . ,. .- r" /~ "', ,) ...... ' ' -.....I - Reaidential Ua.a. Diatance of parking lot to reaidence Diatance 807 w. 23 rd. St. approx. 12' 817 W. 23rd St. 12 . 827 W. 23rd S~ 12' . Diatance of building to residence 807 W. 23rd St. . approxi. 75' 817 W. 23rd St. ,75' 827 W. 23rd St. 75' IV. Comments from residents. See investiqation V. Commenta from Police Department. See investigation VI. Police Department recommendation. See investigation , t ~~ ~ 5i ature ~7f= 70 Date signed .~~... .' " , , 'OITY OF SA"'" BERIO\RDINO - JVlEMORANDLJI To DANIEL A. ROBBINS. CHIEF OF POLICE CONDITIONAL USE PERMIT #90-15 From DET. J. DIAZ Su bject Date 4-3-90 Approved Date APPLICANT: KHAN. MOHAMMAD A. 2352 Leroy St.. S.B. DBA: CORNER MARKET 804 W. Highland. Suite C, S.B. 92405 881-1152 LICENSE TYPE: Type 20 (off-sale beer/wine) ON 3-12-90, I received the investigation for a conditional use permit (C.U.P.) #90-15 in the name of MOHAMMAD KHAN for the Corner Market. 804 W. Highlana. Suite C. S.B. The business is located in a new building containing one other business on the northwest corner of Highland and 'H' Street. The nature of this project will be an approximate 1.028 square foot convenience store selling groceries, snack items, and beverages. It will include the off-site sales of beer. wine, and distilled spirits. The business will have one full time employee in addition to the applicant who will operate the business. The proposed business hours are 0600 to 2000 seven days a week. The applicant requests a C.U.P. to sell beer, wine. and distilled spirits at the convenience store. The business has been in operation since January, 1990. The proposed site is located within Reporting District SC425 which had crime statistics minus 26% of the average for reporting districts in San Bernardino. 15.9%' of the Part II arrests in this district were alcohol related. During the past 90 days 13.6% of all Part II arrests were alcohol related. The proposed site is located within Census Tract 52. The census count for this tract as of 1-1-86 was 3,684. The boundaries for this census tract are Highland Avenue on the south, Highway 30 on the west, 28th Street on the north. and Waterman Avenue on the east. There are seven existing on-sale licenses in this census tract. only five are allowed. There are no pending applications. There are two existing off-sale licenses in this tract and four are allowed. There are no pending appli- cations. I conducted an investigation which included all off-sale general and off-sale beer and wine licenses in the area of the proposed site. This investigation showed three locations within 7/10 of a mile with off-sale general license privileges. One is Smitty's Liquor, 924 W. Highland which is 1/10 of a mile from the proposed location. A survey of the off-sale beer and wine licenses in the area revealed four locations within 6/10 of a mile, one of which is the 7-11 Market. 797 W. Highland which is directly across the street, approximately 165' from the proposed location. Another is the Mobil Mini Mart, 847 W. Highland which is approxi- PRIDE ./ ~IN PROGRESS ~-yI .c c "' _/ ....,;,i. C.U.P. #9(}-15 PAGE 2 mately 171' from the proposed location. The proposed business is located approximately 1/10 of a mile from Arrowview Junior High, 2299 North 'G' Street. The site is 6/10 of a mile from the Faith Bible Church, 2898 North 'G' Street. The site is approximately 6/10 of a mile from Campo Santo Memorial Park, 27th and 'E' Streets. The nearest on-sale license locations are Bing's Chinese Restaurant, 949 W. Highland which is 1/10 of a mile from the site. The Marquis Bar, 1036 W. Highland and the Golden Dragon Restaurant, 1042 W. Highland are both 3/10 of a mile from the proposed business. The nearest off-sale general license locations are Smitty's Liquor which is 1/10 of a mile from the proposed business, State Bros. Market, 1085 W. Highland which is 6/10 of a mile from the site, and Shamrock Liquor, 1158 W. Highland which is 7/10 of a mile from the proposed business. The nearest off-sale beer and wine licensed locations are the 7-11, approximately 165' from the site, the Mobil Mini Mart which is 171' from the site, the Sunshine Food Store, 995 W. Highland, approximately 2/10 of a mile from the proposed business and the Shell Mil)i Mart, 1108 W. Highland which is 6/10 of a mile from the proposed business. The nearest residences are 807, 817, 827 West 23rd Streets, all of which are located approximately 12' from the proposed business. , On 3-22-90 I send area commander Lt. Devlin a business notification form regarding the proposed business. I received a response from Lt. Devlin indicating there were already two other venders of alcoholic beverages on adjacent corners. He also indicated that additional traffic congestion may re"sult with possible customers entering and exiting the driveway of the business and the business may require more calls for service than anticipated. Concern that a school is located nearby and there are numerous children present in the area was also expressed. During the course of this investigation, I discovered that there had been a C.U.P. investigation conducted on the same location, 804 W.Highland Avenue ( C . U. P. 87 -7 2) for a Type 21 ABC license which was opposed by the Police Department and area residents. The C.U.P. was denied by the Planning Commision on 1-26-88. COMMENTS FROM AREA RESIDENTS: On 4-3-90, Tuesday, I contacted several residents living in the immediate vicinity of the site. At 1147 hours I spoke with GLORIA MARTINEZ, 807 West 23rd Street who advised me that she is opposed to the business selling alcoholic beverages. She advised there are several locations including the 7-11 and Smitty's Liquor located in the area. MARTINEZ is concerned regarding possible problems the business might create such as loitering, littering, and parking prOblems. Her biggest fear is loitering in the parking lot which is located directly behind her residence. She fears that litter will be thrown into her yard and is .c ~ '- '-"', .""" -J C.U.P. 90-15 PAGE 3 concerned about the close proximity of the junior high and high school. She said there is an already existing problem of loitering and gang related problems in the area and the subjects congregate near the 7-11 store and near the phone booths located on the northeast corner of Highland and I H I Street. She has also noticed increased gang graffiti appearing in the area. indicating the increased presence of gangs. MARTINEZ said she feels that the business selling alcoholic beverages will add to the already existing problems in the area. At 1155 hours I spoke to ALLEN STREITLER. 808 West 23rd Street who advised me that he does not object to the business selling alcoholic beverages. He said the business does not have many customers anyway and he feels that it would not be a problem to the neighborhood. He said he has never had any problems with the 7-11 Store so he does not feel that this business will cause any problems. I spoke to MARJORIE L. WOODS. 838 West 23rd Street who advised me there were numerous senior citizens who live in the area and she knows that they do not want the problems that the business selling alcoholic beverages might bring into the neighborhood. She said the additional sales of alcoholic beverages would probably cause heavy traffic problems, loud noise and loitering near the business. I spokE: to OFELIA .PEREZ, 857 West 23rd Street who advised me there were already too many liquor outlets in the area and the area does not need an additional alcohol beverage outlet. She said there are already several locations within walking distance is somebody wants to buy a beer. She said there are too many liquor stores in the area and that adding additional alcoholic beverage outlets would not be good for the neighbor- hood. She said she has lived in the area for 32 years and feels that the area is worsening and this business would add to the problems. I spoke to KERRY MARCUS. 847 West 23rd Street who advised me that he does not think that they should infringe on the rights of a person to have a business in the area. hOlO/ever he does understand the neighbors I concerns regarding the business selling alcoholic beverages. I spoke to MERCEDITH EASLEY, 798 West 21st Street, 883-7377 who advised me that she has lived at her residence which is located directly behind the 7-11 Store, for more than 27 years. She said she has had problems with the business which included school kids throwing trash into her back yard and at her dog. She has had problems with people loitering in the alley between the business and her residence and with vehicles parking in the alley. She said subjects have parked their vehicles in the alley while robbing the business. EASLEY has observed numerous subjects urinating in the rear lot of the 7-11. She said the stench of urine in the sUmmer is so strong that her husband has called the Health Department to alleviate the problem. She said the odor of the business' trash containers are also annoying and she and her husband no longer use their rear yard because of the problems with the business. She has 'c c o \ ~..) C.U.P. #90'-15 PAGE 4 also experienced panhandling problems in the area with subjects going to her residence from the business and asking for money. She said that loud noises from the business also disturb them at night. She stated she has been forced to attempt to grow hedges to block the view and access into her rear yard from the business and feels that the proposed business will possibly create similar problems for residents in the area. I spoke to MAURENE LEHNER, 780 W. Campus Way who advised me that she believes that the proposed business will bring increased traffic congestion, parking problems, and more crime into the area. She said there are already enough alcoholic beverage outlets in the area. I spoke to BENJAMIN ESKEW, 799 West 23rd Street who advised me that there 'are already enough problems in the area from the area businesses which include littering, drinking, noise levels, etc. He said the business selling alcoholic beverages would possibly attract the same types of problems and he is opposed to this business because of the possible problems. POLICE DEPARTMENT RECOMMENDATIONS: If this C.U.P. is approved it could be reasonably expected that the crime and police calls for service will increase in this reporting district. An increase in activity such as juveniles buying or attempting to buy alcoholic beverages, panhandling, littering, loitering, drinking in public, public intoxication, and drinking and driving could very possibly be expected. If this C.U.P. is approved. the following conditions would be recommended by the Police Department, and if implemented, would possibly alleviate or lessen the above pOlice problems. It should be noted that these conditions were discussed with the applicant KHAN who agreed with all of the conditions except for Condition #1 which he said he would possibly appeal due to financial concerns. 1. No single cans and/or,bottles of beer to be sold. 2. No sales of wine in less than'750ml containers. 3. No game machines, video or otherwise. 4. No sales of ice in less than 7 lb. bags. 5. posting of signs prohibiting littering and loitering on the business premises. 6. No outdoor public telephone booth shall be located on the premises. 7. No wine shall be sold with an alcohol content greater than 15% by volume. Respectfully submitted: ~~ J";:'DIAZ. Detective/rm .:..:. 'c '. It'J~I'' : ~i ~ O'" ~ f - ~ ~ ~"'" ;l:' .. ~," .,. .. .. _i. . ......-.;;. '; ~~(:' c .i~ , i~;:lt .'1 ~ ij -, ? ,.... ~..,. .[\.... "J 11 r .- .. ,. o 0' ,. ... .. ~ilW . '."? ';)..... .. ;.... - . PD-t '.~-~ . ...:t. ....1.(.; 'iK" . c . -l: ,~,f . :. ['6 .. ::~.el~ - . 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