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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director
Subject:
DCA No. 96-06 and CUP No. 96-12 - To
amend the Development Code to allow the
transfer of an existing off-site ABC License
to a new site located at the southeast comer
of Highland and Valaria and within 75 feet
of a currently licensed facility.
Dept: Planning & Building Servicc;s
Ol?/G/NAL
Date: June 19, 1997
MCC Date: July 7, 1997
Synopsis of Previous Council Action:
June 16, 1997
The Mayor and Common Council continued this item to the meeting of July 7, 1997
and directed staff to prepare Findings of Fact and an Ordinance.
Recommended Motion:
That the Mayor and Common Council close the public hearing; and adopt the Ordinance which approves
Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12, based on the Findings
of Fact, subject to the Conditions of Approval and Standard Requirements.
JUN 2 0 1997
~.-t"
Contact person: Michael Hl\Ys
Phone: 384-5357
Supporting data attached: Staff Reoort and Ordinance
Ward: Citywide
FUNDING REQUIREMENTS:
Amount: Nt A
Source: (Acet. No.) NtA
(Acet. Description)
~. :lance:
Council Notes:
Previously - . '1S-....(}7/o7/97
Agenda Item ~
.iJ ~t)
tJ7 /2/ Ir1
Ordinance MC- //)00
CITY OF SAN BERNARDINO - REQUFSI' FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
DEVELOPMENT CODE AMENDMENT (DCA) NO. 96-06 &
CONDmONAL USE PERMIT (CUP) NO. 96-12
MAYOR AND COMMON COUNCIL MEETING OF
JULY 7, 1997
REOUEST/LOCATION
The applicant requests to amend Development Code U9.06.030(2)(B) to allow the transference
of an existing off-site ABC License to a new site within 75 feet of the currently licensed facility
in a commercial designation regardless of the existence of a church, school, residential districts
and/or uses and other restrictions in the Development Code. The applicant also requests a
Conditional Use Permit to construct a two phase development consisting of a 2,500 square foot
liquor store (phase I) and a 1,850 square foot lube & tune (phase II) on the site.
The proposed 0.48 acre site is located on the southeast comer of Highland Avenue and Valaria
Drive in the CG-l, Commercial Genera11and use designation. The existing site (Ken's Liquor
Store) is located on the southwest comer at 2601 East Highland Avenue. [See Exhibit 1 (Site
Vicinity Map) of Exhibit A, Mayor and Common Council Staff Report (June 16, 1997)]
BACKGROUND
On June 16, 1997, the Mayor and Common Council continued this item to the July 7th meeting
and directed staff to prepare Findings of Fact (Exhibit B) and an ordinance (Exhibit E). Staff
has also included Conditions of Approval (Exhibit C) and Standard Requirements (Exhibit D)
for the CUP.
Detailed background information on this project is contained in the April 22, 1997 Planning
Commission Staff Report (Exhibit 2 of Exhibit A).
ENVIRONMENTAL
The amendment proposal is not subject to CEQA pursuant to CEQA Guidelines U5061(b)(3)
which states that CEQA applies only to projects that have the potential for causing a significant
effect on the environment. Planning staff has determined that the project is not subject to CEQA
for the following reasons: a.) the proposed amendment which would permit transference of an
existing off-site ABC license to a new site within 75 feet of the currently licensed facility will
I
Development Code Amendment No. 96-06 &
Conditional Use Permit No. 96-12
Mayor and Common Council Meeting of
July 7, 1997
Page 2
not result in any significant environmental impacts; b.) the project site is in close proximity to
the existing alcohol outlet and the proposed facility is intended as a replacement facility; and,
c.) the project site is located in and along a major commercial corridor that is designated for and
developed with commercial retail and service uses.
RECOMMRNDIm MOTION
Staff recommends that the following motion be used by the Mayor and Common Council to
approve the project:
That the Mayor and Common Council adopt the Ordinance (Exhibit E) approving
Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12 based
on the Findings of Fact (Exhibit B) and subject to the Conditions of Approval (Exhibit
C) and Standard Requirements (Exhibit D).
Prepared by:
Deborah Woldruff, Associate Planner
Prepared for:
Michael E. Hays,
Director of Planning and Building Services
EXHIBITS
A. Mayor and Common Council Staff Report (June 16, 1997)*
Exhibits:
1. Site Vicinity Map
2. April 22, 1997 Planning Commission Staff Report
Attachments:
A. Site Vicinity Map (See Exhibit I, above)
B. Findings of Fact (DCA and CUP):
C. Police Department Memorandums:
C-l Community Services Officer M. Soto (09/10/96)
C-2 lieutenant Mike Gile, Area 'C' Commander (03/27/97)
D. Correspondence:
D-l City of Highland, Community Development Department Letter
(08/14/96)
Development Code Amendment No. ~ &
Conditlonal Use Permit No. 96-12
Mayor and Common Councll Meeting of
July 7,1997
Page 3
D-2 Planning Staff Responses (CYl./06I91)
D-3 Ms. Patricia M. Case Letters (CYl./07/97 and CYl./IO/91)
D-4 Mr. William B. Franks Letter (02110/91)
D-5 Area Residents' Letters (08/21/96 and CYl./1O/91)
D-6 Mr. Bruce Suh Letter (02/27/91)
E. Background Information
3. Correspondence (Additional)
B. Findings (DCA & CUP)
C. Conditions of Approval (CUP)
D. Standard Requirements (CUP)
E. Ordinance
Attachment I (Development Code, Pages II-84 and II-85)
* Previously Distributed
EXlHBIT A
MAYOR AND COMMON COUNCIL STAFF REPORT (JUNE 16, 1997)
PREVIOUSLY DISTRIBUTED
EXHIBIT B
DEVELOPMENT CODE AMENDMENT NO. 9(H)6 &
CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: July 7,1997
Page 1
FINDINGS OF FACT
A. DEVELOPMENT CODE AMENDMENT NO. 96-06
1. The proposed amendment is consistent with the General Plan (Goal IF, Objective 1.6 and
Policies 1.6.2 and 1.6.3) in that the control of the development of land uses that may
adversely impact the character of the City and quality of life of its residents is maintained
in that the narrow scope of the amendment would only apply in instances where a
replacement facility is proposed for an existing liquor store.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that replacement structures meeting the 75 foot
locational criteria would be subject to an approved CUP and all applicable development
standards and requirements; and, any impacts from currently licensed off-site facilities
already exist and would increase or create new impacts.
B. CONDmONAL USE PERMIT NO. 96-12
1. The proposed liquor store and lube & tune uses would not impair the integrity and
character of the CG-l, Commercial General land use designation and complies with all
of the applicable provisions of this Development Code in that liquor store uses are
permitted subject to a Conditional Use Permit and lube & tune uses are permitted in the
zone district; and, the project would not adversely impact the adjacent residential uses
in that the proposed liquor store is a replacement facility for an existing facility in the
vicinity and there is sufficient distance between the project site and the nearest residence
to provide buffering for the lube & tune facility and conditions of approval require the
construction of a block wall on the north property line of the nearest residence.
2. The proposed liquor store use is consistent with the General Plan in that Policies 1.6.2
and 1.6.3 which require the development of adversely impacting uses be controlled in
that it is a replacement facility and not anew, additional facility, and it has undergone
Police Department review; the proposed lube & tune is consistent with General Plan
Policy 1.7.17 which encourages the development of auto-related uses in the CG-l
designation; and, the site and buildings are consistent with General Plan provisions for
development in the CG-I designation.
EXHIBIT B
DEVELOPMENT CODE AMENDMENT NO. 96-06 &
CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: July 7,1997
Page 2
3. The approval of the Conditional Use Permit for the proposed liquor store and lube &
tune use is in compliance with the requirements of the California Environmental Quality
Act (CEQA) and Section 19.20.030(6) of the Development Code in that the project was
reviewed and found to be exempt from the provisions of Act pursuant to CEQA
Guidelines ~15061(b)(3).
4. There will be no potential significant negative impacts upon environmental quality and
natural resources, and any potential negative impacts of the liquor store and lube & tune
uses are mitigated by the standards and requirements set forth in the Development Code
and the Conditions of Approval and Standard Requirements imposed on the project.
5. The location, size, design, and operating characteristics of the proposed liquor store and
lube & tune uses are compatible with the existing and future land uses within the general
area in which the proposed project is to be located and will not create significant noise,
traffic or other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity or adverse to the public interest, health, safety, convenience
or welfare of the City in that the existing commercial retail and service uses along the
Highland Avenue corridor share similar characteristics relating to intensity of use. The
nearby single-family and multi-family residential uses are buffered from the proposed
uses by the intervening commercial uses or streets and the project is conditioned to
construct a block wall on north property line of the nearest residence.
6. The site is physically suitable for the proposed liquor store and lube & tune uses in that
the applicable Development Code standards are met pending approval of the proposed
Development Code Amendment to allow the transference of an existing off-site ABC
License to a new site within 75 feet of the currently licensed facility in a commercial
designation, and adherence with the Conditions of Approval and Standard Requirements.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed liquor store and lube & tune uses would not be
detrimental to public health and safety in that the project has been reviewed by the
affected City departments and public agencies.
EXHIBIT C
DEVELOPMENT CODE AMENDMENT NO. 96-06
& CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: July 7,1997
Page 1
CONDIDONS OF APPROVAL
(CUP NO. 96-12)
1. Within two years of development approval, commencement of construction of shall have
occurred or the permit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
permit/approval shall become null and void. Projects may be built in phases if
preapproved by the review authority. If a project is built in preapproved phases, each
subsequent phase shall have one year from the previous phase's date of construction
commencement to have occurred or the permit/approval shall become null and void.
Project:
Expiration Date:
Conditional Use Permit No. 96-12
July 7, 1999
2. The review authority may, upon application being filed 30 days prior to the expiration
date and for good cause, grant one time extension not to exceed 12 months. The review
authority shall ensure that the project complies with all current Development Code
provisions.
3. 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
attorney's fees which the City may be required by the court to pay as a result of such
action, but such participation shall not relieve the applicant of his obligation under this
condition.
4. Construction shall be in substantial conformance with the plan(s) approved by the
Planning Commission. Minor modification to the p1an(s) shall be subject to approval by
the Director through a minor modification permit process. Any modification which
exceeds 10% of the following allowable measurable design/site considerations shall
EXHIBIT C
DEVEWPMENT CODE AMENDMENT NO. 96-06
& CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: July 7,1997
Page 2
require the refiling of the original application and a subsequent hearing by the appropriate
hearing review authority, ifapplicable.
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or
modification of finished materials that do not alter or compromise the
previously approved theme; and,
d. An increase or reduction in density or intensity of a development project.
5. This permit or approval is subject to all the applicable provisions of the Development
Code in effect at the time of approval. This includes Chapter 19.20 - Property
Development Standards, and includes: dust and dirt control during construction and
grading activities; emission control of fumes, vapors, gases and other forms of air
pollution; glare control; exterior lighting design and control; noise control; odor control;
screening; signs, off-street parking and off-street loading; vibration control; and,
Transportation Control Measures (TCM). Screening and sign regulations compliance are
important considerations to the developer because they will delay the issuance of a
Certificate of Occupancy until they are complied with. Any exterior structural
equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally
screened by wall or structural element, blending with the building design and include
landscaping when on the ground.
This requirement also includes any applicable Land Use District Development Standards
for residential, commercial and industrial developments regarding minimum lot area,
minimum lot depth and width, minimum setbacks, maximum height, maximum lot
coverage, etc.
6. The applicant shall comply with all permit and/or review requirements of the California
Department of Alcohol Beverage Control, City of San Bernardino Police Department,
San Bernardino County Department of Environmental Health Services (DEHS), Santa
Ana Regional Water Quality Control Board and all other departments and agencies, as
applicable.
EXHIBIT C
DEVELOPMENT CODE AMENDMENT NO. 96-06
& CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: July 7,1997
Page 3
7. With the exception of the building pad for the lube & tune (phase 2) which shall be
seeded, all site improvements shall be completed as part of Phase 1. The lube & tune
building pad sha11 be temporarily landscaped and irrigated during Phase 1.
8. The applicant sha11 obtain a Building Permit from the City of Highland to construct a
block wall on the north property line of the residence located south and across the alley
prior to issuance of a Certificate Of Occupancy for Phase 2. The block wall shall be
constructed to the design specifications of the City of Highland.
9. Phase 1 of the project shall be required to maintain a minimum of 17 standard off-street
parking spaces and 1 handicapped accessible van space as shown on the approved plan(s)
on file.
Phase 2 of the project shall be required to maintain a minimum of 6 queuing spaces for
the 3 lube & tune bays. Queuing for the bays shall be restricted to the front of the
building.
10. Parking and/or loading in the alley shall be prohibited.
11. Prior to construction of Phase 2, the applicant shall submit a Development Permit
Application for the City's review and approval of site layout and design.
12. The applicant shall meet the requirements of the Public Services Department for the
refuse enclosure and bins in terms of type, location, bin sizes and recycling needs.
13. The applicant for CUP No. 96-12 shall retain lease control of the existing off-site sale
facility (Ken's Liquor, 2601 East Highland Avenue) for a minimum of ninety (90) days
following the transfer of the ABC Type 21 License (from Ken's Liquor) to the new
facility located on the southeast comer of Highland Avenue and Valaria Drive.
14. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
xx Public Works (Engineering) Department
xx Development Services Division of the Planning and Building Services
Department
xx Water Department
EXHIBIT C
DEVELOPMENT CODE AMENDMENT NO. 9fH)6
& CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: July 7, 1997
Page 4
xx Fire Department
xx Parks, Recreation & Community Services Department
xx Police Department
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. I) & 1.850 SF LUBE & TUNE (PH. II) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
EXlUBIT D
. NOTE TO APPUCANT: Where separate Engineering plans are required, the applicant Is
responsible for submitting the Engineering plans directly to the Engineering Division. They
may be submitted prior to submittal of Building Plans.
1. Drainaae and Flood Control
a) The development is located within Zone X (shaded) on the Federal
Insurance Rate Maps and may be subject to sheet overflow to a depth of
less than 1 foot in a 100 year storm; therefore all building pads shall be
raised above the surrounding area as approved by the City Engineer.
b) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
c) Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the
State Water Quality Control Board for construction disturbing 5 acres of
more of land.
d) An Erosion Control Plan shall be approved by the City Engineer prior to
grading plan approval. The plan shall be designed to con~rol erosion due
to water and wind, including blowing dust, during all phases of
construction, including graded areas which are not proposed to be
immediately built upon.
Page 1 12/19/96
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. I) & 1.850 SF LUBE & TUNE (PH. II) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
2. Gradina and LandscaDina
a) If more than l' of fill or 2' of cut is proposed, the site/ploUgrading and
drainage plan shall be signed by a Registered Civil Engineer and a
grading permit will be required. The grading plan shall be prepared in
strict accordance with the City's "Grading Policies and Procedures" and
the City's "Standard Drawings", unless otherwise approved by the City
Engineer.
b) If more than 5,000 cubic yards of earthwork is proposed, a grading bond
will be required and the grading shall be supervised in accordance with
Section 7012(c) of the Uniform Building Code.
c) An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code(See "Grading
Policies and Procedures").
d) Retaining walls, block walls and all on-site fencing shall be designed and
detailed on the On-site Improvement Plan. This work shall be part of the
On-site Improvement permit issued by the Department of Public
Works/City Engineer.
e) The on-site improvement plan shall include details of on-site lighting,
including light location, type of poles and fixtures, foundation design,
conduit location and size, and the number and size of conductors.
Photometry calculations shall be provided which show that the proposed
on-site lighting design will meet the intensity and distribution criteria
specified by the City Police Department.
Page 2 12/19/96
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. IJ & 1.850 SF LUBE & TUNE (PH. II) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
f) The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
handicap parking and accessibility, including retro-fitting of existing
building access points for handicap accessibility, if applicable.
g) A handicap accessible path of travel shall be provided from the public way
to the building entrance. All pathways shall be paved and shall provide a
minimum clear width of 4 feet. Where parking overhangs the pathway,
the minimum paved width shall be 6 feet.
h) The project Landscape Plan shall be reviewed and approved by the City
Engineer prior to issuance of a grading permit. Submit 5 copies to the
Engineering Division for Checking.
i) An easement and covenant shall be executed on behalf of the City to
allow the City to enter and maintain any required landscaping in case of
owner neglect. The Real Property Section for execution by the property
owner and shall ensure that , if the property owner or subsequent
owner(s) fail to properly maintain the landscaping, the City will be able to
file appropriate liens against the property in order to accomplish the
required landscape maintenance. A document processing fee in the
amount of $200.00 shall be paid to the Real Property Section to cover
processing costs. This easement and covenant shall be executed by the
property owner prior to plan approval unless otherwise allowed by the
Director of Public Works/City Engineer.
Page 3 12/19/96
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. I) & 1.850 SF LUBE & TUNE (PH. I/) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
3. Utilities
a) Design and construct all public utilities to serve the site in accordance with
City Code, City Standards and requirements of the serving utility,
including gas, electric, telephone, water, sewer and cable TV (Cable TV
optional for commercial, industrial, or institutional uses).
b) Each parcel shall be provided with separate water and sewer facilities so
it can be served by the City or the agency providing such services in the
area.
c) Sewer main extensions required to serve the site shall be constructed at
the Developer's expense. Sewer systems shall be designed and
constructed in accordance with the City's "Sewer Policy and Procedures"
and City Standard Drawings.
d) Existing Utilities which interfere with new construction shall be relocated at
the Developer's expense as directed by the City Engineer.
Page 4 12/19/96
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. I) & 1.850 SF LUBE & TUNE (PH. II) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
4. Street ImDrovement and Dedications
a) All public streets within and adjacent to the development shall be
improved to include combination curb and gutter, paving, handicap ramps,
street lights, sidewalks and appurtenances, including, but not limited to
traffic signals, traffic signal modifications, relocation of public or private
facilities which interfere with new construction, striping, shall be
accomplished in accordance with the City of San Bernardino "Street
Improvement Policy" and City "Standard Drawings", unless otherwise
approved by the City Engineer. Street lighting, when required, shall be
designed and constructed in accordance with the City's "Street Lighting
Policies and Procedures". Street lighting shall be shown on street
improvement plans except where otherwise approved by the City
Engineer.
b) For the streets listed below, dedication of adequate street right-of way
(R.W.) to provide the distance from street centerline to property line and
placement of the curb line(C.L.) in relation to the street centerline shall be
as follows:
.
Street Name
Riaht-of-Wavlft.l
Curb Linelftl
Highland Av.
50'
38'
Valeria Dr.
35'
18'
Page 5
12/19/96
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. I) & 1.850 SF LUBE & TUNE (PH. II) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the
site. Widen pavement adjacent to the site to match new curb and gutter.
Construct approach and departure transitions for traffic safety and
drainage as approved by the Director of Public Works/City Engineer.
d) Construct sidewalk adjacent to the site in accordance with City Standard
No. 202, Case "A" (6' wide adjacent to curb).
e) Construct Handicap Ramps in accordance with City Standard No. 205 at
the southeast corner of Valeria Drive and Highland Avenue. Dedicate
sufficient right-of-way at the corner to accommodate the ramp.
f) Construct Driveway Approaches per City Standard No. 204, Type II,
including Handicap by-pass. Remove existing driveway approaches that
are not part of the approved plan and replace with full height curb &
gutter and sidewalk.
g) Install Street Lights adjacent to the site in accordance with City Standard
Nos. SL-1 and SL-2.
5. Reauired Enaineerina Permits
a) Grading permit(lf applicable.).
b) On-site improvements construction permit(except buildings - see Planning
and Building Services), including landscaping.
Page 6 12/19/96
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. I) & 1.850 SF LUBE & TUNE (PH.//) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
c) Off-site improvements construction permit.
6. Applicable Enaineerina Fees'
a) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cost' of the off-site
improvements.
b) Plan check and inspection fees for on-site improvements(except buildings
- See Planning and Building Services) - 2% and 3%, respectively, of the
estimated construction cosf of the on-site improvements, including
landscaping.
c) Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
d) Drainage fee in the approximate amount of $3.126. Based on
17.750 Square Feet @ $ 0.388 per square foot for the first 3,000 square
feet of impervious lot area (estimated as 85% of the net lot area), then $
0.133 per square foot of remaining impervious lot area or fraction thereof.
1 All Fees are subject to change without notice.
2Estimated Construction Cost for Off-Site Improvements is based on a list of standard unit prices on file with
the Department of Public WorlrslCity Engineer.
3 Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on file
with the Department of Public WorlrslCity Engineer.
Page 7
12/19/96
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKSI CASE NO. CUP 96-12
CITY ENGINEER & DCA 96-06
DESCRIPTION:2.500 SF LIQUOR STORE HEARING DATE
(PH. I) & 1.850 SF LUBE & TUNE (PH. II) AGENDA ITEM
LOCATION: EAST SIDE OF VALERIA
DR SOUTH SIDE OF HIGHLAND A V PAGE NO:
e) Phase I: Traffic system fee in the estimated amount of $19.012
Based on 1.230 trips per day @ $ 15.457 per new trip generated by
Phase I. Exact amount shall be determined by the City Traffic Engineer at
time of application for Building Permit.
f) Phase II: Traffic system fee in the estimated amount of $5.565 . Based
on 360 trips per day @ $ 15.457 per new trip generated by Phase II.
Exact amount shall be determined by the City Traffic Engineer at time of
application for Building Permit.
g) Phase I: Sewer Connection fee in the approximate amount of $219.49 .
Based on 2.500 Square Feet of Bldg Area @ $ 219.49 per 3,000
square feet or fraction thereof.
h) Phase II: Sewer Connection fee in the approximate amount of $219.49
. Based on 1.850 Square Feet of Bldg Area @ $ 219.49 per 3,000
square feet or fraction thereof.
i)
Sewer inspection fee in the amount of
connections @ $ 18.51 per connection.
$18.51
Based on -L
j) Street or easement dedication processing fee in the amount of $ 200.00
per document.
Page 8 12/19/96
CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS
DEVELOPMENT SERVICES DIVISION
Case No.: CUP No. 96-12
Hearing Date: 7-7-97
Page 1
1. Submit plans prepared by a Registered Building Architect or Civil or Structural Engineer.
2. Submit a complete lateral and structural analysis prepared by a Registered Civil or
Structural Engineer or Architect.
3. Submit State of California Title 24 Energy Calculation Forms for residential, non-
residential buildings including a signed compliance statement.
4. Submit four (4) complete sets of construction plans including:
(Five [5] complete sets for expeditious review).
a. Copy of conditions. (3)
b. Soils report. (3)
c. Structural calculation. (3)
5. Submit a single line drawing of the electrical service. Show all equipment, conduit and
wire sizes and types. Show the service ground size and grounding electrode.
6. Submit panel schedule(s) and electrical plans.
7. Submit a plan of the heating, ventilating or air conditioning system. (Clearly identify the
location and rating of the equipment and the sizes and material of all ducts, registers and
the location of all fIre dampers.) Show means of providing mechanical ventilation as
required by the Uniform Building Code.
8. Submit gas pipe loads, sizing calculations and isometrics, if applicable.
9. Provide a plot plan showing the location of the proposed sewer system.
10. Show compliance with Title 24 for disabled access.
11. Submit plans approved by the County Health Department.
12. For structures located within high wind areas:
a. Design structure, including roof covering, using 80 m.p.h. wind load, Exp. .C..
13. City of San Bernardino named as certifIcate holder for Worker's Compensation
Insurance.
CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS
DEVELOPMENT SERVICES DIVISION
Case No.: CUP No. 96-12
Hearing Date: 7-7-97
Page 2
14. Assessor's Parcel Number: 286-031-30.
15. Contractor's City license.
16. Contractor's State license.
17. Sewer capacity rights from Water Department, 384-5093.
18. Waste water permit required from Water Reclamation Plant, 384-5507. May need
verification.
19. School fees from Unified School District, 381-1179.
20. Other: Plan Check time is ap,proximately 5 WPP.h. EJlPeditious Plan Check time is
approximately 10 workine ~s. Contact Develo.pment Services at (909) 384-5071 for
possible expeditious plan check.
21. Deposit: $547.68. Plan Check fees required for development. Ifproject is to be phased,
Plan Check fees are to be paid at each phase. Additional 25 % Plan Check fee required
for expeditious review.
AP,J '2-Bl.o 03\
~MA5 ~s 81>'7
~o
~ul!M/TTeD:
SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
STANDARD REQUIREMENTS
Review of Plans: cuP gin I Z. Date Compiled: 8. f.::, . Ph
OwnerlDeveloper: 13>11..4.- if l>oIi!o-nlY 1?~M..S Compiled By: 1"'. oJ, Le7so..J
Type of Project: L/t)l/l)i2 ~ IhJi) L-I//F, e'JU.J~ Number of Units:
Location: ~~ c,,,,,n=; 1.114"1"-./11 AI/h F ~LAe"IA ])~
WATER DEPARTMENT ENGINEERING:
Contact: 'BILL. 8I!!.YD&J
Phone: ~B4-9!-91
Fax: 58+"732
Note: All Water Services are Subject to the Rules & Regulations of the Water Department.
[] Size of Main Adjacent the Project:
[] Approximate Water Pressure: Elevation of Water Storage: Hydrant Flow @ 20 psi:
[] Type, Size, Location, and Distance to Nearest Fire Hydrant:
[] Pressure Regulator Required on Customer's Side on the Meter.
[] Off-site Water Facilities Required.
~ Not Served by San Bernardino Municipal Water Department.
[] Comments:
WATER OUALITY CONTROL:
Contact: :[)t!f;tA/ '~"''''~l
[] R.P.P. Backflow Device Required Service ConnectIOn.
[] Double Check Backflow Device Required at Service Connection.
[] Air Gap Required at Service Connection.
[] No Backflow Device Required at This Time.
ENVIRONMENTAL CONTROL/INDUSTRIAL WASTE:
Contact: _1)Ia...1 c.A.STt20 Phone: ~PA--'?Z::V7 Fax: '364 -cA87
Note: No Regenerative Water Softeners MaY0slalled.
[] Industrial Waste Permit Required~lIer ~ I j /Jf7(lUcA7lo.J ~/.RCIJ
[] Grease Trap Required. ~ v6/)
[] Pre-treatment Required. 11J:V &.4- L-i-o,J ./L ..L
SEWER CAPACITY INFORMATION: 5~70IL..- I~ K6:(f)IR6/)
Contact: N eAr -rlIlJm~OA Phone: 384 - ~93 Fax: 3J?tj- ~/S
Phone:
Fax:
Ai}
Note: Proof of Payment Must be Submitted to the Building & Safety Department Prior to Issuance of the Building Permit.
[] No Sewer Capacity Fee Applicable at This Time.
~wer Capacity Fee Must Be Paid to the Water Department for /5n Gallons Per Day, Equivalent Dwelling Units: .5.o?
[] Subject to Recalculation of Fee Prior to the Issuance of Building Permit.
':<5iD s.;. e .0.;13 0
/ 15;) s.~. €I . uS
:::
57.5
'1()..5
/50.~
~/4r (St-.)
~ .ts../ 4. ~)
"..,&-/ k;- ..,..~
Breakdown of Estimated Gallons Per Day:
5I'DREQUI2.FIlM (4194)
l/~uc')g f}7DRE-
LUBE+- "TUN/: /I/&;
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case: (!UP 9b-/~
Date: /:l-/9- 96
Reviewed By: 7?t=t:I
/ a PIlr9s-E
AlP
-,;(-- f7#d.>F
GENERAL REQUIREMENTS:
~ Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check.
~ Contact the City of San Bernardino Fire Department at (90g) 384-5388 for specific detailed requirements.
The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based
on square footage. construction features, and exposure information supplied by the developer and JmI.Il be available REim to placing combustible
materials on site.
~ATER PURVEYOR FOR FIRE PROTECTION:
;s. The fire protection water service for the area of this project is provided by:
o San Bernardino Municipal Water Depanment. Engineering (909) 384-5391
~ East Valley Water District - Engineering (909) 888-8986
o Other Water Purveyor:
Phone:
o
BLlC FIRE PROTECTION FACILITIES:
Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not
to exceed 500 feet for residential areas.
, Fire hydrant minimum flow rates of 1,600 gprn at a 20 psi minimum residual pressure are required for commercial and multi-residential areas.
Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas.
Fire flow requirements may be met from the combined flow of two adjacent fire hydrants. Fire flow requirements may be adjusted, as deemed
appropriate by the Fire Depanment, based on individual site specific conditions and available mitigations.
Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Depanment in conjunction with the water
purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor.
Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial
responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor
indicated above for additional information.
x
X
ACCESS:
o Provide two separate, dedicated routes of ingress/egress to the propeny entrance. The routes shall be paved, all weather.
o Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less .than 20 feet
of unobstructed width.
o Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings.
o Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings.
o Provide "NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required
width. Signs ara to raad "FIRE LANE - NO PARKING - M.C. Sac 15.16".
o Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround.
o The names of any new streets (public or private) shall be submitted to the Fire Department for approval.
SITE:
o All access roads and streets are to be constructed and usable prior to combustible construction.
o Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within
40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2'/2 inch and 4 inch outlet, and approved by the Fire Department.
Fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the
hydrant in such a manner that it will not be blocked by parked vehicles.
BUILDINGS:
Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage
street. Commercial and multi family address numerals shall be 6 inches tall, single family address numerals shall be 4 inches tall. The color
of the numerals shall contrast with the color of the background.
o Identify each gas and electric meter with the number of the unit it serves.
~ Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A tOB/C. Minimum
distribution of fire extinguishers must be such that no interior pan of the building is over 75 feet travel distance from 8 fire extinguisher.
o Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apanments or hotels (motelsl three stories or more in height
shall be equipped with automatic fire sprinklers designed to NFPA standards.
D All buildings, other than residential, over 5,000 square feet, shall be equipped with an automatic fire sprinkler system designed to NFPA
standards. This includes existing buildings vacant over 180 days.
D Submit plans for the fire protection system to the Fire Depanment prior to beginning construction of the system.
o Tenant improvements in all sprinklered buildings are to be approved by the Fire Depanment prior to start of construction.
o Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to start of installation.
o Fire Department connection to (sprinkler system/standpipe system) shall be required at Fire Depanment approved location.
Note: The applicant must request, in writing, any changes to Fire Department requirements.
ADDITIONAL INFORMATION: tfJ S t/BI#T 1l'JL!{ hA' TYPE ,4LJj) tpl.l-f,u/rY of S 701ll?GE
;=;'12 aJA,rE"' ~d. -{-- #ev..J ('3/,- r 8'p/"/?ol/r?t 6>/Z CnA.J7;MU~",{ d /'O'</3k'
S" #dtL de (!)~73a/c--P ~h' me:- Oc=-.-or;
(f!) 'PJl/O/( 70 C'JCrd.lP4,uCY' /P 'P~AH/r 77J'
tJ!,.1, - ~ ~'/.#6'-
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.
12171"'#/ /(
FP8170 i11-94)
PARltS, RECREATION &: COMMtlNITY SERVICES DEPARTMENT
CLAP CfG- 0- f-
Case: Dar ?ftt?oto
Date:mElt1t;J
Reviewed By:M. ~<JClIb:(j'~
(!
CITY OP SAN BERNARDINO
STANDARD REQUIREMENTS
GBNBRAL RBQUl:R~S:
P<~
l~
IXI
I I
Ccamercial Indu.trial and MUlti-unit
a.......nt Di.trict
R.aid.ntial
Purpo.., auid.lin.. and .ubmittal proc.dur.
Irrigation and Land.caping Plan..
Contact tb. City of San B.naardino park.,R.cr.ation and CoIIIDlunity S.rvic..
D.partment at (909) 384-5217 or 384-5314 for .p.cific d.tailad
r.quirement. .
SPBCXPIC RBQUZRBMBHTSI
l~
I I
l~
I I
l~
I I
PLAR'l' IlATBRXALS
IXI
l)lJ
1)(..1
Maintenanca of land.cap. araa.
Planter Araa.
Interior Plantar Araa.
Irrigation Sy.tame
satback Araa.
Slope Araa.
Ground Covar and Bedding Matarial
I:ro.ion Control
Waad Control
Plant li.t and climatic condition.
Straat Traa.
Plant Matarial Size Raquirement. and Ratio.
INSPBCTXON AND ()".nus. RBQU:J:RBMBHTS
.1')('1
[XI
[ I
1)(1
I I
[ I
[ I
Irrigation Sy.tam
Land.caping
Bards:capa Itame
Straat traa Spacification.
Arbori.t Raport
Removal or da.truction of traa.
Scraaning Raquirement (City, Dev.Code)
Rota. The applicant _.t reque.t, in writing. any cbang.. to the Park.. Recreation and
community S.rvice. requirem.nt.. Additional information
MS:jj
-'
CITY OF SAN BERNARDINO STANDARD BUILDING REQUIREMENTS
POLICE DEPARTMENT 1997
DEVELOP~~AL/ENVIRONMENTAL REVIEW COMMITTEE
YJ(!.fi _ q (p -0 (0
CASE # {'.lIP CftJ- /.:< DATE 01-/3 -97
SINGLE OR MULTIPLE FAMILY RESIDENTIAL DWELLINGS
The following special provisions shall apply to all new
residential dwellings or those with 50% improvement/alteration:
Garaqe-tvpe doors:
A. Garage type doors which are either rolling overhead,
solid overhead, swinging, sliding, or accordion style
doors shall conform to the following standards:
1. Wood doors shall have panels a minimum of five-
sixteenths (5/16) inch in thickness with the
locking hardware being attached to the support
framing.
2. Aluminum doors shall be a minimum thickness of
.0215 inches and riveted together a minimum of
eighteen (18) inches on center along the outside
seams. There shall be a full width horizontal beam
attached to the main door structure which shall
meet the pilot or pedestrian access door framing
within three (3) inches or the strike area of the
pilot or pedestrian access door.
3. Fiberglass doors shall have panels a minimum of six
(6) ounces per square foot from the bottom of the
door to a height of seven (7) feet. Panels above
seven (7) feet and panels in residential structures
have a density of not less than five (5) ounces per
square foot.
B. Where sliding or accordion doors are used, they shall be
equipped with guide tracks which shall be designed so
that the door cannot be removed from the track when in
the closed and locked position.
C. Doors that exceed sixteen (16) feet in width shall have
two (2) lock receiving points, one located on each side
of the door. Doors not exceeding sixteen (16) feet shall
have one lock receiving point placed on either side of
the door. A single bolt may be used in the center of the
door with the locking point located either in the floor
or door frame header.
D. All overhead or swinging doors shall be equipped with
slidebolts which shall be capable of using padlocks with
Standard Requirements - Police
Single/Multiple Family
Page 2
a minimum nine-thirty-seconds (9/32) inch shackle.
1. The entire slidebolt assembly shall be constructed
of case-hardened steel and shall have a frame a
minimum of .120 inches in thickness, and a bolt
diameter a minimum of one-half (1/2) inch, and
shall protrude at least one and one-half (1 1/2)
inches into the receiving guide.
2.
Slide bolt assemblies shall be attached to the
with bolts which are nonremovable from
exterior. Rivets shall not be used to attach
assemblies.
door
the
such
E. Padlocks used with exterior mounted slide bolts shall
have a hardened steel shackle a minimum of nine-thirty-
seconds (9/32) inch in diameter with heel and toe locking
and a minimum five (5) pin tumbler operation. The key
shall be nonremovable when in an unlocked position.
F. Doors using a cylinder lock shall have a minimum five (5)
pin tumbler operation with the bolt or locking bar
extending into the receiving guide a minimum of one (1)
inch.
G. Pedestrian access doors contained in garage type doors
shall comply to the standards set forth in the below
section.
Windows/Locks/Doors (Includinq Slidinq Glass):
The following requirements must be met for windows, doors
(including sliding glass), and locks:
A. All movable windows and sliding glass doors shall be
constructed and/or equipped so as to prevent them from
being lifted out of their tracks when in the closed
position.
B. Louvered windows shall not be used when any portion of
the window is less than twelve (12) feet vertically or
six (6) feet horizontally from an accessible surface or
any adjoining roof, balcony, landing, stair tread,
platform, or similar structure.
C. All exterior swinging doors shall be of solid core
construction with a minimum thickness of one and three-
fourths (1 3/4) inches or with panels not less than nine-
Standard Requirements - Police
Single/Multiple Family
Page 3
sixteenths (9/16) inch thick.
D. Any swinging door leading from a garage into a residence
shall be of solid core construction with a minimum
thickness of one and three-eighths (1 3/8) inches.
E. The above-described doors shall be equipped with a single
cylinder deadbolt having a minimum projection of one inch
and an embedment of at least three-fourths (3/4) inch
into the strike receiving the bolt. The bolt shall be
constructed so as to resist cutting tool attacks. The
cylinder shall have a cylinder guard, a minimum of five
(5) pin tumblers, and shall be connected to the inner
portion of the lock by connecting screws of at least one
fourth (1/4) inch diameter.
The provisions of this subsection do not apply where
panic hardware is required or an equivalent device is
approved by the enforcing authority. Further, a dual
locking mechanism, constructed so that both deadbolt and
latch can be retracted by a single action of the inside
door knob or level may be used provided it meets all
other specifications for locking devices.
F. Installation and construction of frames and jambs for
exterior swinging doors shall be as follows:
1. Door jambs shall be installed with solid backing in
such a manner that no voids exist between the
strike side of the jamb and the frame opening for a
vertical distance of six (6) inches each side of
the strike. Finger joints are prohibited within
twelve (12) inches vertically on any locking
device.
2. In wood framing, horizontal blocking shall be
placed between studs at door lock height for three
(3) stud spaces each side of the door openings.
Trimmers shall be full length from the heads to the
floor with solid backing against soles plates.
G. The inactive leaf of double doors shall be equipped with
metal flushbolt(s) having a minimum embedment of five-
eighths (5/8) inch into the head and threshold of the
door frame.
H. Glazing in exterior doors or within forty (40) inches of
a door locking mechanism shall be of fully tempered glass
or rated burglary resistance glazing.
Standard Requirements - Police
Single/Multiple Family
Page 4
I. Hinges for outswinging doors shall be equipped with
nonremovable hinge pins or a mechanical interlock to
preclude removal of the door from the exterior by
removing the hinge pins.
This requirement shall also apply to exterior hinges on
any swinging door which leads from a garage into a
residence.
J. Strikeplates shall be constructed of minimum sixteen (16)
U.S. gauge steel, bronze or brass, a minimum of three and
one-half (3 1/2) inches in length and secured to the jamb
with screws a minimum of two and one-half (2 1/2) inches
in length.
K. All front exterior doors shall be equipped with a wide
angle one hundred eighty (180) degree door viewer, except
where clear vision panels are installed.
L. When panic hardware is required by the Uniform Building
Code or Title 24, California Administrative Code, it
shall be equipped and installed as follows:
1. Panic hardware shall contain a minimum of two (2)
locking points on each door, one located at the
head, the other at the threshold of the door, or
2. On single doors, panic hardware may have one
locking point which is not to be located at either
the top or bottom rails of the door frame. The
door shall have an astragal constructed of steel
.125 inches thick which shall be attached with
nonremovable bolts or welded to the outside of the
door. The astragal shall extend a minimum of six
(6) inches vertically above and below the latch of
the panic hardware. The astragal shall be a
minimum of two (2) inches wide and extend a minimum
of one (1) inch beyond the edge of the door.
3. Double doors containing panic hardware shall have a
full length steel astragal attached to the doors at
their meeting point which will close the opening
between them but not interfere with the operation
of either door.
Address Markinas and Liahtina:
M. The following provisions for address markings shall apply
to residential dwellings:
Standard Requirements - Police
Single/Multiple Family
Page 5
1. All residential structures shall display a street
number in a prominent position so that it shall be
easily visible from the street. The numbers shall
be four (4) inches in height, of a color
contrasting to the background, and located so they
may be clearly seen and read. If the structure has
rear vehicle access, number shall be placed there
as well.
2. At each driveway entrance to a multiple-family
dwelling complex or a private residential community
which has access from a public roadway, there shall
be an illuminated diagrammatic representation (plot
plan) of the complex which shows the location of
the viewer and the building units within the
complex.
3. In multiple-family dwelling complexes, any building
having a separate identifying factor other than the
street number shall be clearly identified in the
manner prescribed in subsection (k), infra. Each
individual unit of residence shall have a unit
identifying number, letter, or combination thereof
displayed upon the door.
4. Buildings shall be numbered in logical, sequential
order with the approval of the enforcing authority.
5. This section shall not prevent supplementary
numbering such as reflective numbers on street
curbs or decorative numbering, but this shall be
considered supplemental only and shall not satisfy
the requirements of this section.
6. Maps of the complex shall be furnished to the
police and fire departments upon completion of
construction. The maps shall include building
identification and unit identification.
7. The roofs of multiple-family buildings shall have
addressed numbers affixed to the top. The numbers
shall be a minimum of three (3) feet in length and
two (2) feet in width and of contrasting color to
the background. The numbers shall be placed
parallel to the street address as assigned. Each
building shall have its own address/assigned number
affixed to the roof of a multiple-family complex.
N. All exterior doors shall be equipped with a lighting
device which shall provide a minimum maintained one (1)
Standard Requirements - Police
Single/Multiple Family
Page 6
footcandle of light at ground level during hours of
darkness. Lighting devices hall be protected by vandal
resistant covers.
O. Aisles, passageways, and recesses related to and within
multiple-family dwelling complexes shall be equipped with
lighting devices which shall provide a minimum maintained
one (1) footcandle of light at ground level during hours
of darkness. Lighting devices shall be protected by
vandal resistant covers.
P. All parking lots, carports, garages, and parking
structures or multiple-family dwelling complexes shall be
equipped with lighting devices which will provide a
minimum maintained one footcandle of light on the parking
surface during hours of darkness. Subterranean parking
lots shall maintain lighting twenty-four (24) hours a
day.
Lighting devices shall be protected by vandal resistant
covers, are to be "shake" proof, and are to be
inaccessible to common reach or climbing.
Q. All exterior required lighting devices shall be placed at
a height which will fully illuminate an average adult.
Miscellaneous:
R. In multiple-family dwelling complexes where a common
laundry is supplied, the laundry room's access door shall
be equipped with a window, self closure device, and self
locking door lock which can be manually disengaged on the
interior. Lighting shall be maintained inside the
laundry room during hours of darkness.
S. When access to or within a multiple-family dwelling
complex or private residential community is unduly
difficult because of secured openings or where immediate
access is necessary for lifesaving or fire fighting
purposes, a key override is to be installed in an
accessible location. The key override shall be mastered
to both fire department and police department keys.
T. All skylights on the roof of any residential structure
shall be provided with rated burglary resistant glazing.
U. Passenger elevators, the interiors of which are not
completely visible when car door(s) is open, shall have
mirrors so placed as to make visible the whole of the
elevator interior to prospective passengers outside the
.
..
Standard Requirements - Police
Single/Multiple Family
Page 7
elevator.
V. When ever a mail slot is located within forty (40) inches
of the primary locking device on any exterior door, it
shall be covered by an interior hood which will
discourage manipulation of the primary locking device.
W. All exterior block wall fencing of multiple-family
dwelling complexes shall have intervals providing
visibility corridors which will allow visibility of the
interior from outside the wall, and these visibility
corridors shall be placed at regular intervals. These
will be required on the side facing the street only.
X. Permanently affixed ladders leading to roofs shall be
fully enclosed with sheet metal to a height of ten (10)
feet. This covering shall be locked against the ladder
with a case hardened hasp, secured with nonremovable
screws or bolts and a padlock with a minimum three-
eighths (3/8) inch hardened steel shackle, locking at
both heel and toe, and a minimum five (5) pin tumbler
operation with nonremovable key when in an unlocked
position. Hinges on the cover will be provided with
nonremovable pins when using pin type hinges.
Y. All parking spaces are to be visible from the interior of
at least one unit within the complex.
Z. If alarm systems are installed into residential
dwellings, the occupant must contact the Crime Prevention
Unit of the San Bernardino Police Department to obtain an
alarm permit.
SEE PAGE 8
Standard Requirements - Police
Single/Multiple Family
Page 8
Additional
#/
Conditions:
~ See :iTT/ler/6U (l~b/';t'frlS
~ '/<26 #/ J/r- )
d-C3/?? /?TG: Q
t-.
.
.
.
CONDITIONS
HighlandjValaria
1. The licensee shall be responsible for posting of signs
prohibiting litter and loitering, with management enforcing
this and maintaining the area free of litter and graffiti.
2. Exterior lighting shall be sufficiently and properly
maintained to illuminate all areas of the exterior of the
building and property for easy detection of suspicious and
criminal activity.
3. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
4. Beer, malt beverages and wine coolers in containers of 1602.
or less cannot be sold by single containers, but must be sold
in manufacturer pre-packaged multi-unit quantities.
5. If public telephones are located on the premises, they shall
be fixed for outgoing calls only.
6. If, in the opinion of the Chief of Police, a security guard
becomes necessary, it shall be the responsibility of the
licensee to provide the security at the hours to be listed by
the Chief of Police.
e
e
e
ATTACHMENT I-A
COMMRRCIAL DISTRICTS - 19.06
3. Si&m. All on-site signage shall conform to Chapter 19.22.
4.
Viewinl!: Area.
a. It is unlawful to maintain, operate or manage or permit to be
maintained, operated or managed any adult arcade in which the
viewing areas are not visible from a continuous main aisle or are
obscured by a curtain, door, wall, or other enclosure. For
purposes of this Section, viewing area means the area where a
patron or customer would ordinarily be positioned while watching
the performance, picture, show or film.
b. It is unlawful for more than 1 person at a time to occupy any
individually partitioned viewing area or booth.
c. It is unlawful to create, maintain or permit to be maintained any
holes or other openings between any 2 booths or individual
viewing areas for the purpose of providing viewing or physical
access between the booth or individual viewing area.
d. The opening to the viewing area shall be from the main aisle.
B.
ALCOHOL BEVERAGE CONTROL "ABC" UCENSE
A business or establishment requiring issuance of an . ABC. license is subject to
a Conditional Use Permit, and shall comply with the following standard(s), in
addition to conditions imposed by the Commission:
1. Establishments subject to an off-site . ABC. license shall not be located
within 500 feet of any religious institution, school, or public park within
the City; 100 feet of any property designated for residential use or used
for residential purposes; and shall not be located in such close proximity
to another similar use to cause oversaturation of the neighborhood. The
license application shall be reviewed by the Police Department prior to
City approval.
2. These locational criteria are not applicable to existing off-site "ABC"
licenses which are to be transferred to a new site within 7S feet of the
currently licensed facility.
3. Establishments containing 15,000 square feet or more which do not sell
alcoholic beverages as the principal business are exempt from the
requirement for a Conditional Use Permit. MC 851 10/5/92.
4.
An existing, legal, nonconforming convenience store with a current
. ABC. license for beer and wine in a CN District, which is within 100
feet of property designated for residential use, or used for residential
purposes, may upgrade to liquor sales subject to approval of a Conditional
Use Permit provided that the establishment is within 100 feet of a similar
use not in the City. MC 914 11-8-94.
11-84
11/94
e
e
e
ATTACHMENT I-B
COMMERCIAL DISTRICTS - 19.06
S.
Sit-down restaurants whose predominant function is the service of food
and where the on-site sale of alcoholic beverages is incidental or
secondary are exempt from the requirement for a Conditional Use Permit.
An incidental bar or lounge shall be allowed for the convenience of dining
patrons. (Establishments which are primarily a bar or lounge or have a
bar or lounge area as a principal or independent activity are not included
in this exemption.) MC 845 7/7/92.
C. AUTOMOBILE SALES
Automobile sales dealerships, new and/or used, in the City must conform with
the intent of this Development Code and shall enhance and promote the image of
the City. A Conditional Use Permit shall be required, and all dealerships must
be constructed in the following manner:
1. The minimum site area shall be 15,000 square feet, except CR-4 where
I acre minimum is required.
2. All parts, accessories, etc., shall be stored within a fully enclosed
structure.
3. Service and associated car storage areas shall be completely screened from
public view.
All on-site lighting shall be stationary and directed away from adjoining
properties and public rights-of-way.
5. All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
4.
6. All on-site signage shall comply with the provisions of Chapter 19.22
(Sign Standards).
7. All loading and unloading of vehicles shall occur on-site and not in
adjoining streets or alleys.
8. All vehicles associated with the business shall be parked or stored on-site
and not in adjoining streets and alleys.
9. An adequate on-site queuing area for service customers shall be provided.
Required parking spaces may not be counted as queuing spaces.
10. No vehicle service or repair work shall occur except within a fully
enclosed structure. Service bays with individual access from the exterior
of the structure shall not directly face or front on a public right-of-way.
ll-8S
7/92
\
.
Law Office of
Cynthia Lu~
fD)~@~OW~~
lri1 JUN 1 Z 1997 l!V
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING &
BUILDING SERVices
P.O. Box 409
255 North "D" Street, Suile 406
San Bernardino, CA 92402~09
(909) 88%820
FAX (909) 885-6976
June 12, 1997
City of San Bernardino
Edward Negrete, Councilman
300 N. "D" Street
San Bernardino, CA 92418-0001
City of San Bernardino
F.J. Curlin, Councilman
300 N. "D" Street
San Bernardino, CA 92418-0001
City of San Bernardino
David Oberhelman, Councilman
300 N. "D" Street
San Bernardino, CA 92418-0001
City of San Bernardino
Norine Miller, Councilwoman
300 N. "D" Street
San Bernardino, CA 92418-0001
City of San Bernardino
Rita Arias, Councilwoman
300 N. "D" Street
San Bernardino, CA 92418-0001
City of San Bernardino
Jerry Devlin, Councilman
300 N. "D" Street
San Bernardino, CA 92418-0001
City of San Bernardino
Betty Anderson, Councilwoman
300 N. "D'" Street
San Bernardino, CA 92418-0001
City of San Bernardino
Tom Minor, Mayor
300 N. "D" Street
San Bernardino, CA 92418-0001
Re: Applicant: Bruce Suh
Development Code Amendment No: 96-06
Conditional Use Permit No: 96-12
Ladies & Gentlemen:
I represent Bruce Suh, the applicant in the above referenced
matters, and the owner and operator of Ken's Liquor Store,which is
located across the street from the site for which the above
applications have been made.
"
.
The staff and Planning Commission recommendation against the
proj ect result chiefly, if not solely, from the threats of my
client's current landlord, William Franks, to try to purchase a
liquor license and open his own liquor store at the existing site
if my client's applications are approved. Under Business and
Professions Code ~23958.4, the City would have no ability to object
to the issuance of an off-sale liquor license to Mr. Franks under
the "undue concentration" rules for 90 days after the premises were
licensed and operated with the same type of license.
Previously ,- '.;(?'- t:'(, j/b /9'7
Previously - .15 - "~7/f7 if
~3:--;J
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.
June 12, 1997
Page Two
However, the City could obj ect to the issuance of a new
license on the old site on other grounds, i.e., crime potential,
conduct or character of the proposed licensee, financial stability
of proposed licensee, and other grounds for consideration of
issuance of a liquor license under the Business and Professions
Code.
My client has a 10-year lease on the site owned by Mr. Franks.
His lease originally was with Mr. Franks's father, who has died,
and the son apparently has taken over the property and moved into
the premises behind the site.
My client's lease expires on January 7, 1999. Under the
standard conditions of a conditional use permit, the new project
which my client proposes must be completed and ready for occupancy
within one year of its approval. Thus, the new site will be ready
and occupied before the lease terminates on the old site and, under
the conditions of the lease, my client will be obligated to
continue to pay rent. My client would have no obj ection to a
condition in the conditional use permit which requires him to
continue to retain possession of the former premises through the
end of his lease tena. Thus, the premises will be in the
possession of my client, but not licensed, for the 90-day period.
Any applicant for a new license at the old site must have
possession and control of the premises before submitting an
application for a license. Under the terms and conditions of a
c.u.p., my client will have possession and control for a minimum of
90 days after he occupies the new site. After the expiration of the
90 days, the City can have input into the issuance of a new license
on the premises on the grounds of "undue concentration," as well as
other grounds.
My client has been an exemplary operator of his current store
and has received commendations from the San Bernardino Police
Department for his assistance to that department fighting and
preventing crime. Several customers testified at the planning
commission hearing that they appreciated and approved the manner in
which he operated and maintained his store and that they
appreciated the convenience of the market to the nei~hborhood.
We believe that Mr. Franks is making his threats to obtain
another license to either force my client out of business or to
force onerous terms for the renewal of the existing lease. He
already has advised my client that he will increase the rent
substantially and add a new term requiring payment of a large
percentage of the gross receipts as additional rent.
Mr. Franks is attempting to use the City's processes to assist
him in these efforts and his comments and threats should be
considered in that light. In addition, Mr. Franks has undertaken
June 12, 1997
Page Three
construction at the site without proper City permits and has fenced
off and removed portions of the premises for which my client pays
rent from my client's use or control.
At the Planning Commission hearing, the sister of Mr. Franks
accused my client of not maintaining the landscaping (of which
there is very little) and of allowing trash to collect on the site.
However, she apparently was not familiar with the provisions of the
lease which require the landlord to maintain the exterior of the
premises and may not have been aware that it was her brother who
removed the sign from the property.
There are many advantages to my client's project and we urge
the City Council to overturn the Staff and Planning Commission
recommendations.
Under the current lease, the landlord is responsible for
maintaining the exterior of the building and premises. A view of
the site will show that he has done less than a stellar job and
there is no on-site landscaping. On the other hand, the interior
of the premises, for which my client has responsibility, is well
maintained.
My client proposes to invest a significant sum of money to
build a new store, large, well-lighted, and well-maintained, both
inside and out, which he believes will be much more attractive to
customers and will better serve the neighborhood as a convenience
store. The site of the proposed project is currently a vacant lot.
It has been for sale for many years and is unlikely to attract
another purchaser soon (except as indicated below) and is not well-
suited for many types of commercial uses. However, it is well-
suited for my client's purposes. In addition to the new store, my
client will construct, ~n a second phase, an auto lube/tune shop on
the site which is appropriate for the site. The proposal would
require extensive landscaping which Mr. Suh will install.
The new businesses which Mr. Suh will build and operate, a
neighborhood market and liquor store and an auto lube and tune shop
will be an asset to the City and an aesthetic impro~ement to the
neighborhood.
The proposed Development Code Amendment has been narrowly
drawn so that it cannot be applicable to undue number of locations.
It can be used only where an existing facility can move into a
vacant property within 75 feet. While we have not attempted to
study the number of situations to which this section could apply,
we believe that there are few vacant (and suitable) sites to which
an off-site sale license could be moved within 75 feet.
June 12, 1997
Page Four
The proposed amendment can be further limited by permitting
only one such move per off-site license or per site or by limiting
the number of such moves which can be approved by the City during
any given year. My client would have no objection to such
limitations.
Please note that, were it not for concern that the City cannot
protest based on undue concentration, we believe both the Planning
Staff and the Police Department would have recommended approval of
this application. In fact, both initially were set to recommend
approval until Mr. Franks made his threats and the concern arose
over the undue concentration issue.
My client has demonstrated not only his ability to operate
this type of business free of loitering, crime and other problems
often associated with convenience stores, but also has
demonstrated over the years cooperation and a good working
relationship with the Police Department.
The only other interest in the property has arisen since the
Planning Commission hearing in late April of this year.
The business next to the proposed site for this project is the
Brass Key. The current owners of the site have demanded that the
owners of the Brass Key remove their encroaching asphalt parking
lot from the property. Please note that the Brass Key also
objected to my client's project, but we believe this was based upon
its desire to maintain its encroachment. Since the April 21, 1997,
Planning Commission hearing, the owners of the Brass Key have
submitted an offer to purchase the property for use as a parking
lot. The property owner has told my client that if he cannot close
escrow because his proposed project is not approved, they will sell
the entire site to the Brass Key. Thus, the other potential use of
this property is as a parking lot.
My client believes that his proposed development will be of
greater benefit to the City, both aesthetically and economically.
Mr. Suh has demonstrated his ability to operate ~ convenience
store with an off-site sale license in a manner that assists and
supports the City's law-enforcement goals and provides a service to
the surrounding community while not harming it.
He is preparing to bring new construction to the City which
will enhance a neighborhood much in need of such enhancement. The
proposed site is not large enough for many other potential
commercial uses and the owners has said that he will sell to a
buyer who will use the site as a parking lot if Mr. Suh's
development applications are not approved. However, the site is
June 12, 1997
Page Five
well suited for the convenience market and auto lube facility which
Mr. Suh proposes.
The current site is old and not well-maintained by the party
responsible for maintaining it.
My client purchased this business and the lease for $300,000.
When the father of Mr. Franks originally sold his business, his son
apparently was not interested in operating the business. However,
now he claims he is and he is attempting to run my client out of
business. My client has worked at this business for 16 years
without a vacation to earn a living, run a successful business and
make payments on his purchase.
The only persons who object to the business are the landlord,
who has motives other than the community's interest, and competing
buyers who need or want a parking lot.
The likelihood that the current landlord will be able to
purchase a liquor license within 90 days is slim, particularly if
my client continues to be obligated under his lease to pay rent on
the site after the new site is operating.
Were it not for these empty threats of the landlord, we
believe the Planning Commission would have approved the project and
that both the Police Department and Planning Staff would have
recommended approval as well.
We urge the City Council not to allow the City to be cowed and
threatened in this manner and to approve this project which will
result in an attractive development on otherwise vacant land.
Thank you for your curtesy and cooperation.
Very truly yours,
CL/tr
cc: Bruce Suh
Elliott Shaw
Henry Empeno
Michael Hayes
Deborah woldruff
Refer/Suhcoun.ltr
!D)~~rnDW[g~
Iffi' JUN 1 0 1997 10
CITY OF SAN BERNARDINO
DEPA~~:;mlAt~1:itAN 1<5:
Mev
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RECEIVEO--CIl'( CLERI'
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'97 JJN 10 All :23
June 5, 1997
Deborah Woldruff, Associate Planner
Planning & Building Services Dept.
300 North "D" Street
San Bernardino, California 92418
Dear Deborah:
I
SUBJECT: Development Code Amendment No. 96-06 and Conditional Use
Permit No. 96-12
Please find enclosed a copy of the letter I have sent to Norine Miller,
Councilwoman. I appreciate all of your help and attention to this matter
concerning our property located at 2601 E. Highland Avenue, San
Bernardino, California.
Enclosure
Previously - t;?Y-CJ"jit,j'l7
Previously - t Fj5-CJ7~7/n
ft ;:J CJ
7/21/f7
WIILIAM: G. FRANKS
6538 Valaria Drive
Highland, California 92346
June 5,1997
Norine Miller, Councilwoman
San Bernardino City Hall
Council Chambers
300 North "D" Street
San Bernardino, CA 92418
Dear Mrs. Miller:
SUBJECT: Development Code Amendment No. 96-06 and
Conditional Use Permit No. 96-12.
I am writing to you in regards to the above mentioned matter that will be coming before the City
Council on Monday, June 16, 1997.
My family has owned the property more recently known as "Ken's Liquor" at 2601 E. Highland
Avenue, San Bernardino since 1959. For an interesting history please read the attached letter. A
liquor store was built and opened on the property in 1960 and has continued to operate as such.
The current tenant, Mr. Suh, now wants to build a new liquor store across the street. Both
buildings would be on the south side of the street just feet from each other.
I cannot conceive that anyone in the City of San Bernardino wishes to see another empty building
on a major thoroughfare. I have every intention of either releasing to another liquor license or to
take the building back myself and putting in another liquor license when Mr. Sub leaves. I feel
very strongly that a long family history of doing business in the City of San Bernardino should
count for something.
I feel very strongly that there be positives said about the City of San Bernardino and not the
negatives that Mr. Sub insists on. He feels that everyone has been out to get him. CalTrans put in
the new freeway taking all the traffic away from his business. He is upset that the city allowed the
Texaco and Chevron gasoline stations to go in and put in convenience markets in direct
competition with him. Yet, he is not business friendly at all. He never has any lights on inside the
,
Norine Miller, Councilwoman
Page 2
June 5, 1997
building during the day. He never picks up trash on the property. He has let his signs fall into
despicable disrepair. Now he wants to put in a new building to run exactly the same way.
Please look closely into this matter for me. I thank you so much for your help.
Sincerely,
William G. Franks
Evelyn M. Franks
Enclosure
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director
Subject:
DCA No. 96-06 and CUP No. 96-12 - To
amend the Development Code to allow the
transfer of an existing off-site ABC License
to a new site located at the southeast comer
of Highland and Valaria and within 75 feet
of a currently licensed facility.
Dept:
Planning & Building ServiJ:s O.QIGINAL
Date: June 4, 1997
MCC Date: June 16, 1997
Synopsis of Previous Council Action:
NtA
JUN 04 1997
Recommended Motion:
That the Mayor and Common Council close the public hearing; and, deny Development Code Amendment
No. 96-06 and Conditional Use Permit No. 96-12, based on the Findings of F t.
<J2/
Contact person: Michael Hays
Phone: 384-5357
Supporting data attached: Staff Report
Ward: Citywide
FUNDING REQUIREMENTS:
Amount: Nt A
Source: (Acet. No.) NtA
(Acct. Description)
Finance:
Council Notes:
Previously - # c9i"'- ~u 1"/17
Previously - t ~5'''7/o7h7
Agenda Iten
~3o
7?/77
CITY OF SAN BERNARDINO - REQUFSI' FOR COUNCIL ACTION
S'fAFF REPORT
SUBJECT:
DEVELOPMENT CODE AMENDMENT (DCA) NO. 96-06 &
CONDffiONAL USE PERMIT (CUP) NO. 96-12
MAYOR AND COMMON COUNCIL MEETING OF
JUNE 16, 1997
REOUEST/LOCA TION
The applicant requests to amend Development Code ~19.06.030(2)(B) to allow the transference
of an existing off-site ABC license to a new site within 75 feet of the currently licensed facility
in a commercial designation regardless of the existence of a church, school, residential districts
and/or uses and other restrictions in the Development Code. The applicant also requests a
Conditional Use Permit to construct a two phase development consisting of a 2,500 square foot
liquor store (phase 1) and aI, 850 square foot lube & tune (phase II) on the site.
The proposed 0.48 acre site is located on the southeast comer of Highland Avenue and Valaria
Drive in the CG-l, Commercial General land use designation. The existing site (Ken's liquor
Store) is located on the southwest comer at 2601 East Highland Avenue. (See Exhibit 1, Site
Vicinity Map)
Detailed background information on this project is contained in the April 22, 1997 Planning
Commission Staff Report (Exhibit 2).
KEY POINTS
. The proposed amendment is necessary in order to consider the CUP project because the
site does not meet the locational criteria established in Development Code
~19.06.030(2)(B) for liquor stores. Off-site. ABC. establishments cannot be located
within 100 feet of a residential district or use. The site is within 40 feet of a residential
district and residential uses in the City of Highland. liquor stores and markets that are
less than 5,000 square feet in size are considered to be convenience stores which cannot
be located within 1,000 feet of one another. The site is located within 565 feet of
another a convenience store of similar size. The purpose of these locational criteria is
to avoid oversaturation of the neighborhood.
. The proposed amendment would add language to Development Code ~19.06.030(2)(B)
to allow the transference of an existing off-site ABC license to a new site within 75 feet
Development Code Amendment No. 96-06 &
Conditional Use Pennit No. 96-12
Mayor and Common Council Meeting of
June 16, 1997
Page 2
of the currently licensed facility in a commercial designation regardless of the location
of restrictive uses.
. The Business And Professions Code [~23958.4(f)] provides for an exemption from the
public convenience or necessity (pCN) requirement for premises that have been licensed
and operated with the same type of ABC license within 90 days of the application. This
means that the proposed amendment could result in side by side pairs of off-site facilities.
. The proposed liquor store use is not consistent with General Plan Policy 1.6.2 because
the City loses control for a 90 day period when a liquor store could be established at an
inappropriate location (i.e., in proximity to residences, schools, religious facilities, and
parks) without City approval. The project site is located in close proximity to a
residential district and uses and to the existing off-site facility which could be relicensed.
. The proposed lube & tune is consistent with General Plan Policy 1.7.17 which
encourages the development of auto-related uses in the CG-l with a CUP.
. The proposed CUP complies with Development Code requirements in terms of site layout
and design.
. Based on the provisions in the Business and Professions Code, the Police Department
changed their recommendation for the project to denial. The basis for this decision is
summarized in Exhibit 2, Attachment C-2.
COMMENTS RECEIVED
Planning staff has received phone calls, counter enquiries and letters regarding this proposal.
Copies of correspondence are included in Exhibit 2, Attachment D. Letters received subsequent
to the publication of the Planning Commission Staff Report are contained in Exhibit 3.
ENVIRONMENTAL
Pursuant to Section 15270 of the California Environmental Quality Act, environmental
documentation is not required in situations where denial of the application is sought.
Development Code Amendment No. 96-06 &
Conditional Use Pennit No. 96-12
Mayor and Common Counell Meeting of
June 16, 1997
Page 3
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the Development Code Amendment No. 96-06 and
Conditional Use Permit No. 96-12 on April 22, 1997, and voted 5 to I to recommend to the
Mayor and Common Council denial of the project, based upon the attached Findings of Fact
(Exhibit 2, Attachment B).
Planning Commission Vote:
5 ayes (Gonzalez, Hamilton, Reilly, Suarez and Thrasher);
I Nay (Lockett); I Abstention (Quiel); and, 2 Absent
(Enciso and Schuiling).
MAYOR AND COMMON COUNCIL OPTIONS
1. The Mayor and Common Council may deny DCA No. 96-06 and CUP No. 96-12 based
on the Finding of Fact; or,
2. The Mayor and Common Council may determine that the proposed ordinance does not
conflict with General Plan Goals, Objectives and Policies and direct staff to complete
environmental review and prepare the ordinance.
STAFF RECOMMRNDATION
Staff recommends that the Mayor and Common Council deny Development Code Amendment
No. 96-06 and Conditional Use Permit No. 96-12 based on the Findings of Fact (Exhibit 2,
Attachment B).
Prepared by:
Deborah Woldruff, Associate Planner
Prepared for:
Michael E. Hays,
Director of Planning and Building Services
Development Code Amendment No. 96-06 &
Conditional Use Permit No. 96-12
Mayor and Common Council Meeting of
June 16, 1997
Page 4
EXHIBITS
1. Site Vicinity Map
2. April 22, 1997 Planning Commission Staff Report
Attachments:
A. Site Vicinity Map (See Exhibit 1, above)
B. Findings of Fact (DCA and CUP):
C. Police Department Memorandums:
C-1Community Services Officer M. Soto (09/10/96)
C-2 Lieutenant Mike Oile, Area .C. Commander (03/27/97)
O. Correspondence:
0-1 City of Highland, Community Development Department Letter (08/14/96)
0-2 Planning Staff Responses (02/06197)
0-3 Ms. Patricia M. Case Letters (02/07/97 and 02/10/97)
0-4 Mr. William B. Franks Letter (02/10/97)
0-5 Area Residents' Letters (08/21/96 and 02/10/97)
0-6 Mr. Bruce Suh Letter (02/27/97)
E. Background Information
3. Correspondence (Additional)
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SUMMARY
EXIllBIT "2"
CITY OF SAN BERNARDINO PLANNING DMSION
===============================================
CASE:
Development Code Amendment No. 96-06 and
Conditional Use Permit No. 96-12
AGENDA ITEM:
HEARING DATE:
WARD:
2
4-22-97
7
APPLICANT:
BRUCE SUR
2601 E. Highland Avenue
Highland, CA 92346
OWNER:
BILL AND DOROTHY REAMS
38 Horseshoe Lane
Palos Verdes, CA 90274
===============================================
REQUFST I LOCATION - To amend Development Code Section 19.06.030(2)(B) to allow the
transference of an existing off-site ABC license to a new site within 75 feet of the currently licensed
facility in a commercial designation; and, a Conditional Use Permit request to construct a two-phase
development consisting of a 2,500 square foot liquor store (phase I) and a 1,850 square foot lube &
tune (phase 11). The 0.48 acre project site is located at the southeast comer of Highland Avenue and
Valaria Drive.
===============================================
e
PROPERTY
ExISTING
LAND USE
LAND USE
DESIGNATION
SUBJECl'
NORTH
SOUTH
EAST
WEST
Vacant Lot
Comm. retail & BYe. uses
Singl&-family res. uses
Bar, Comm. retail & BYe. uses
Uquor store, Comm. retail & BYe. uses
CO-I, CoIllllllllCial General
CO-I, Commercial GaIenl
City of Higbland
CO-I, CoIllllllllCial General
CO-I, CoIllllllllCial General
GEOLOGIC/SEISMIC YES [] FLOOD HAZARD YES [] SEWERS: YES.
HAZARD ZONE: NO. ZONE: NO. NO []
mGH FIRE HAZARD YES [] AIRPORT YES [] REDEVELOPMENT YES []
ZONE: NO. NOISE/CRASH NO. PROIECl' AREA: NO.
ZONE:
ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION:
0 Not Applicable 0 E.I.R. wi Significant o APPROVAL
. Exempt Effects
CEQA Guidelines o CONDmONS
~15061(b)(3) 0 Significant Effects,
0 No Significant See Attached E.R.C. . DENIAL
Effects Minutes
e 0 Potential Effects, o CONTINUANCE
Mitigating TO:
Measures, No
E.I.R.
e
e
e
DEVEWPMENT CODE AMENDMENT NO. 96-06 AND
CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: April 22, 1997
Page 2
REOUFST AND LOCATION
Under the authority of Development Code U9.42.020, the applicant requests to amend
Development Code ~19.06.030(2)(B) to allow the transference of an existing off-site ABC
License to a new site within 75 feet of the currently licensed facility in a commercial designation
regardless of the existence of a church, school, residential districts and/or uses and other
restrictions in the Development Code. The applicant also requests a Conditional Use Permit to
construct a two phase development consisting of a 2,500 square foot liquor store (phase 1) and
a 1,850 square foot lube & tune (phase ll) on the site.
The 0.48 acre site is located at the southeast comer of Highland Avenue and Valaria Drive in
the CO-I, Commercial Oeneralland use designation. (See Attachment A, Site Vicinity Map)
DEVF.IllPMRNT CODE LOCA TIONAL RFllUlREMENTS
The proposed amendment is nece."'ry in order to consider the CUP project because the site does
not meet the established locational criteria listed in Development Code ~19.06.030(2)(B). This
section states that establishments subject to an off-site. ABC. license shall not be located within
100 feet of a residential district or residential use. The project site is located within 40 feet of
an R-l district and residences in the City of Highland. The Development Code also prohibits
the establishment of an off-site facility in close proximity to another such facility. The purpose
of the prohibition is to avoid oversaturation of the neighborhood.
Because the proposed liquor store is less than 5,000 square feet in area, it is also subject to the
locational criteria of 1,000 feet for convenience stores. Development Code ~19.06.030(2)(F)
broadly defines convenience stores as commercial retail outlets that include the sale of groceries,
staples, sundry items and/or alcoholic beverages where the gross floor area is less than 5,000
square feet. The proposed liquor store does not meet the criteria since it is located
approximately 565 feet east of an approved gasoline service station and convenience store site
located at the southeast comer of Arden Street and the SR-30 Freeway.
BACKGROUND
A detailed background for the project is contained in Attachment E (Background Information).
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DEVELOPMENT CODE AMENDMENT NO. 96-06 AND
CONDmONAL USE PERMIT NO. ,.12
HEARING DATE: April 22, 1997
Page 3
C.U.TFORNIA ENVIRONMENTAL OUALITY ACT (CEOAl STATUS
Pursuant to Section 15270 of the California Environmental Quality Act, environmental
documentation is not required in situations where denial of the application is sought.
ANALYSIS
PROJECT SITE AND AREA CHARACTERISTICS
Site Characteristics
The 0.48 acre site, located at the southeast comer of Highland Avenue and Valaria Drive, is flat
and generally rectangularly-shaped. The site contains one lot which is vacant and undeveloped
with the exception of a 6.5 foot wide strip of asphalt on the east side. The asphalt strip is the
front portion of 14 parking spaces for the adjacent restaurantlbar use that encroach onto the
project site.
Area Characteristics
The project site is located on the south side of Highland Avenue. The SR-30 Freeway/Arden
Avenue OnIOff Ramps are located just west of the site where the freeway crosses Highland
Avenue at a west/northwest orientation. The San Bemardino/Highland City limits are about 200
feet east of the site.
North of the site is a commercial center that contains commercial retail and service uses and a
religious facility in the CG-l designation. Multi-family and single-family residential uses are
located north of the Highland Avenue corridor in the RMH, Residential Medium High, RM,
Residential Medium and RS, Residential Suburban land use designations, respectively. An
existing restaurantlbar is located cast and adjacent to the site with other commercial uses located
beyond. South and across a 20 foot alley is an R-l district with single-family residential uses
in the City of Highland. West and across Valaria Drive is the existing Ken's liquor Store and
a partially developed commercial center located west and beyond.
CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE CONTROL (ABC)
PROVISIONS
The Business And Professions Code i23958.4(f) provides for an exemption from the public
convenience or necessity (PeN) requirement for premises that have been licensed and operated
with the same type of ABC license within 90 days of the application.
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DEVELOPMENT CODE AMENDMENT NO. 96-06 AND
CONDmONAL USE PERMIT NO. 96-U
HEARING DATE: April 22, 1997
Page 4
DEVELOPMENT CODE COMPUANCE
Amendment Proposal
The amendment proposes to add language to Development Code U9.06.030(2)(B) to allow the
transference of an existing off-site ABC License to a new site within 75 feet of the currently
licensed facility in a commercial designation regardless of the location of restrictive uses.
Because the land use impacts from an existing facility already exist, the assumption is that the
transference of an operation to a new facility in close proximity should not increase or create
new impacts.
While the scope of the amendment appears to be very narrow and only applicable in instances
where a replacement facility is proposed within 75 feet of an existing liquor store in a
commercial designation, it could result in side by side pairs of off-site facilities because of the
Business And Professions Code exemption mentioned above.
CUP Project
The proposed site and buildings comply with the Development Code standards for the CG-I,
Commercial General land use designation and all other applicable standards and requirements
in terms of site layout and design.
GENERAL PLAN CONSISTENCY
Amendment Proposal
The amendment proposal is not consistent with provisions in the General Plan pertaining to the
control of the development of land uses that may adversely impact the character of the City and
quality of life of its residents [General Plan Goal IF, Objective 1.6 and Policies 1.6.2 and
1.6.3]. As previously noted, the amendment could result in two facilities existing side by side.
CUP Project
The proposed liquor store use is not consistent with General Plan Policy 1.6.2 which requires
that the location and number of alcohol sales and other community-sensitive uses be controlled
based on proximity to residences, schools, religious facilities, and parks in accordance with
legislative and legal requirements. The project site is located in close proximity to a residence
and to the existing off-site facility which could be relicensed.
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DEVELOPMENT CODE AMENDMENT NO. 96-06 AND
CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: AprD 22, 1997
Page 5
The proposed lube & tune is consistent with General Plan Policy 1.7.17 which encourages the
development of auto-related uses in the CG-l with a CUP. The site layout and design and the
lube & tune use are consistent with the General Plan provisions specifically for the CG-l
designation (GOO1.19, Policies 1.19.10 through 1.19.35).
COMPATIBn..ITY
The proposed CUP project is not compatible with the nearby single-family residential uses or
similar commercial retail uses.
POUCE DEPARTMENT REVIEW
General Plan Policy 1.6.3 stipulates that proposals for uses that involve the sales of alcohol be
reviewed by the City's Police Department. A summary of the Police Department's initial review
of the project is contained in Attachment C-l [police Department Memorandum (dated
September 10, 1996)]. Based on the City's concerns regarding the provisions in the Business
and Professions Code, the Police Department changed their recommendation for the project to
denial. The basis for this decision is summarized in Attachment C-2 [police Department
Memorandum (dated March 27, 1997)].
COMMENTS Rli'rRTVlm
CITY OF mGHLAND, COMMUNITY DEVELOPMENT DEPARTMENT
Comments were received on this project from the City of Highland, Community Development
Department. The letter expresses concerns about the potential for a second ABC off-sale outlet
in the immediate vicinity of the existing Ken's Liquor Store. Other concerns were regarding
area blight, crime and specific development standards that will be required for the project. A
copy of the letter and Planning staff's responses are contained in Attachment D
(Correspondence).
MS. PATRICIA M. CASE, BRASS KEY RESTAURANT AND PROPERTY OWNER
Ms. Case submitted two letters in opposition to the project. The first letter is in response to the
Official Notice of Public Hearing and outlines the reasons for her opposition. Ms. Case feels
that a liquor store in such close proximity would be detrimental to her restaurant business and
would devalue her property. She questions the legality of "side by side" liquor sales.
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DEVELOPMENT CODE AMENDMENT NO. 96-06 AND
CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: April 22, 1997
Page 6
As indicated, the Police Department reviewed the proposed liquor store and did not appear to
be concerned about the close proximity of an off-site alcohol outlet to an on-site alcohol outlet.
The Development Code only restricts the location of like alcohol uses (i.e. two off-site alcohol
outlets).
Ms. Case also submitted a letter in response to a letter from Planning staff apprising her of the
encroachment of Brass Key Restaurant parking spaces on the CUP project site. Her response
is that she feels there may be grounds for a prescriptive easement; however, this type of
easement can only be established by a judicial decision. Both letters from Ms. Case are
contained in Attachment D.
MR. WILLIAM G. FRANKS, PROPERTY OWNER, 2601 EAST mGHLAND AVENUE
(KEN'S UQUOR STORE SITE)
Mr. Franks is opposed to the project because his family has owned the liquor store and site for
many years. In the past, the store was operated by his family but the business and license were
sold in 1980 to another business owner. Mr. Franks is concerned that the transference of the
liquor license to another facility will preclude further use of his ptoperty as an off-site alcohol
outlet. His concern is valid in that it is unlikely that either the City or ABC will allow the
establishment of 2 liquor stores in such close proximity to one another. A copy of Mr. Franks
letter is contained in Attachment D.
MR. BRUCE SUR, PROJECT APPLICANT AND BUSINESS OWNER OF KEN'S
UQUOR
Mr. Sub submitted a letter to the City providing some background information on why he is
interested in constructing and operating his own site. A copy of Mr. Sub's letter is contained
in Attachment D.
AREA RFSIDENTS
Two letters in support of the project were submitted to the City of San Bernardino by area
residents who live at 26334 21st. Street and 26350 21st. Street; both homes are located in the
City of Highland. An anonymous letter in opposition to the project was also submitted. The
letter indicates that the author resides in the residential neighborhood in the City of Highland.
Copies of the letters are contained in Attachment D.
OTHER. COMMENTS
e Other comments received relate to standard requirements for the project.
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DEVELOPMENT CODE AMENDMENT NO. 96-06 AND
CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: April 22, 1997
Page 7
CONCLUSIONS
The amendment proposal is not consistent with the General Plan (Goal IF, Objective 1.6 and
Policies 1.6.2 and 1.6.3) as it relates to the control of adversely impacting land uses. The
proposed liquor store is not permitted based on the Development Code's locational criteria for
ABC off-site outlets. Under the proposed amendment, the new liquor store site would be
permitted as a replacement structure for the currently licensed facility because it is located within
75 feet of the existing site. Based on provisions in the Business and Professions Code and the
City's Development Code, the existing site could be exempt from the PCN requirement and
relicensed with the same type of ABE license within a 90 days following the transfer of the
original ABC license to the proposed site.
The amendment proposal and CUP project were found to be exempt from CEQA pursuant to
CEQA Guidelines U5270 which states that environmental documentation is not required in
situations where denial of the application is sought.
RECOMMENDATIONS
Staff recommends that the Planning Commission recommend to the Mayor and Common
Council:
The Denial of Development Code Amendment No. 96-06 and Conditional Use Permit
No. 96-12 based on the Findings of Fact (Attachment B).
Respectfully submitted,
~~
Planning and Building Services
~~~
Associate Planner
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DEVEWPMENT CODE AMENDMENT NO. 9(H)6 AND
CONDmONAL USE PERMIT NO. 96-12
HEARING DATE: April 22, 1997
Page 8
A TI'ACHMENTS:
A. Site Vicinity Map
B. Findings of Fact (DCA and CUP):
C. Police Department Memorandums:
C-1 Community Services Officer M. SolO (09/10/96)
C-2 Lieutenant Mike Gile, Area .C. Commander (03/27/97)
D. Correspondence:
D-1 City of High1and, Community Development Department Letter (08/14/96)
D-2 Planning Staff Responses (02/06197)
D-3 Ms. Patricia M. Case Letters (02/07/97 and 02/10/97)
D-4 Mr. William B. Franks Letter (02/10/97)
D-5 Area Residents' Letters (08121/96 and 02/10/97)
D-6 Mr. Bruce Suh Letter (02/27/97)
E. Background Information
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ATl'ACHMENT 8B8
DEVELOPMENT CODE AMENDMENT NO. 96-06 &
CONDmONAL USE PERMIT NO. 96-U
HEARING DATE: April 22, 1997
Page 2
FINDINGS OF FACT
A. DEVELOPMENT CODE AMENDMENT NO. 96-06
1. The proposed amendment is not consistent with the General Plan (Goal IF , Objective 1.6
and Policies 1.6.2 and 1.6.3) in that the control of the development of land uses that may
adversely impact the character of the City and quality of life of its residents are not
maintained in that the amendment would result in the establishment of a new off-site
facility that is in close proximity to existing residences and an existing off-site outlet.
2. The proposed amendment would be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that it could result in two off-site outlets in close
proximity to one another and oversaturation in the area and violates the locational
criteria.
B. CONDmONAL USE PERMIT NO. 96-U
1. The proposed liquor store and lube & tune uses would impair the integrity and character
of the CG-l, Commercial General land use designation and complies with all of the
applicable provisions of this Development Code in that liquor store uses that do not meet
the locational criteria in the Development Code are not permitted.
2. The proposed liquor store use is not consistent with the General Plan in that Policies
1.6.2 and 1.6.3 which require the development of adversely impacting uses be controlled
in that the proposed off-site facility is in close proximity to a residence and an existing
off-site facility.
3. The denial of the Conditional Use Permit for the proposed liquor store and lube & tune
use is in compliance with the requirements of the California Environmental Quality Act
(CEQA) and f19.20.03O(6) of the Development Code in that the CEQA Guidelines
f 15270 which states that environmental documentation is not required in situations where
denial of the application is sought.
There will be no potential significant negative impacts upon environmental quality and
natural resources, and any potential negative environmental impacts of the liquor store
and lube & tune uses would be mitigated by the standards and requirements set forth in
4.
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ATIACHMENT RBR
DEVELOPMENT CODE AMENDMENT NO. 96-06 &
CONDmONAL USE PERMIT NO. 96-U
HEARING DATE: April 22, 1997
Page 3
the Development Code and the Conditions of Approval and Standard Requirements
imposed on the project, if approved.
5. The location, size, design, and operating characteristics of the proposed liquor store and
lube & tune uses are compatible with the existing and future land uses within the general
area in which the proposed project is to be located and will not create significant noise,
traffic or other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity or adverse to the public interest, health, safety, convenience
or welfare of the City in that the existing commercial retail and service uses along the
Highland Avenue corridor share similar characteristics relating to intensity of use. The
nearby single-family and multi-family residential uses are buffered from the proposed
uses by the intervening commercial uses or streets and the project is conditioned to
construct a block wall on north property line of the nearest residence.
6.
The site is physically suitable for the proposed liquor store and lube & tune uses in that
the applicable Development Code standards are met pending approval of the proposed
Development Code Amendment to allow the transference of an existing off-site ABC
License to a new site within 75 feet of the currently licensed facility in a commercial
designation, and adherence with the Conditions of Approval and Standard Requirements.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed liquor store and lube & tune uses would not be
detrimental to public health and safety in that the project has been reviewed by the
affected City departments and public agencies.
-
.' ~ ~E: .~~~ ~9~: ~ [ill
_ l'el;; vF SAN 8ERNA,'~I"C
DEFAR7ME;'JT 0F ?LA.~:'IIJNG &
B',J1LCi,'~G S~R'IICES
ATIACIlMENT C-l
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
From:
DEBORAH WOLDRUFF, ASSOCIATE PLANNER
CSR II M. SOTO
~
To:
Subject: CONDITIONAL USE PERMIT (CUP) NO. 96-12 - ABC REQUEST FOR
A TYPE 21 OFF-SALE GENERAL LIQUOR LICENSE
Date: September 10, 1996
Copies:
PROBLEM:
On 8-5-96, Associate Planner,
Memorandum regarding Conditional
of Highland and Valaria.
Deborah Woldruff, sent me a
Use Permit 96-12 for the location
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RECOMMENDATIONS:
Approval for Conditional Use Permit 96-12 is recommended
the applicant is subj ect to the listed conditions.
attached conditions.)
as long as
(Refer to
FINDINGS:
The location is located within r~porting district SC 627. Stats
for 1995 show 42 Part I Crimes and 19 Part II Arrests. This does
not place the premise at a 20% greater number of reported crimes
tha. the average number of reported crimes as determined from all
crime reporting districts within the jurisdiction of the police
department.
The location.. is located in Census Tract 74.05. There are six
active off-sale licenses, no pending off-sale licenses and six
authorized off-sale licenses. The proposed liquor store building
is a replacement facility for the existing liquor store (Ken's
Liquor) located west and across Valaria Drive at 2601 E. Highland
Ave. This license would be transferred to the new facility.
Because of the transfer, this would still put the Census Tract as
six active off-sale licenses.
ATTACHMENTS:
1.
Conditions.
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THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
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CONDITIONS
Highland/Valaria
1. The licensee shall be responsible for posting of signs
prohibiting litter and loitering, with management enforcing
this and maintaining the area free of litter and graffiti.
2. Exterior lighting shall be sufficiently and properly
maintained to illuminate all areas of the exterior of the
building and property for easy detection of suspicious and
criminal activity.
3. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
4. Beer, malt beverages and wine coolers in containers of 160z.
or less cannot be sold by single containers, but must be sold
in manufacturer pre-packaged multi-unit quantities.
5.
If public telephones are located on the premises, they shall
be fixed for outgoing calls only.
6. If, in the opinion of the Chief of police, a security guard
becomes necessary, it shall be the responsibility of the
licensee to provide the security at the hours to be listed by
the Chief of Police.
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OO~i:~:~~[0
San
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING &
BUILDING SERVICES
ATI'ACHMENT C-2
City of San Bernardino
Bernardino Police Department
Interoffice Memorandum
To:
Deborah Woldruff, Associate Planner
Lt. Mike Gile, Area "C" Commander 1
From:
Subject: Development Code Pmt #96-06
Conditional Use Pmt #96-12
Date: March 27, 1997
Copies: File
On or about August 29, 1997, the Police Department submitted
comments reference the planned development at the intersection of
Highland Avenue and Valaria Drive (Development Code Pmt #96-06,
Conditional Use Pmt #96-12). At that time, the Police Department
was not opposed to the plan and recommended several conditions.
The plan, as was understood, involved the construction of a liquor
store at the southeast corner, vacating the present one at the
southwest corner. The holder of the license would transfer
operation from the southwest site to the newly constructed
southeast site. It was further understood that another liquor
store, i. e., off -sale general liquor license holder, could not move
in and conduct business in the building on the southwest corner.
This was due to the "undue concentration" restrictions.
The Police Department is now informed that after review of section
23958.4 of the Business and Professions Code by the City Attorney's
office, another person could operate another business involving an
off-sale general liquor license at the vacated building. This
person would have 90 days from the time the present license ceased
being used at the southwest site (Ken'S Liquor) in which to obtain
another license.
With the possibility of having two Type 21, Off-Sale General Liquor
License businesses operating at this intersection, one on the
southwest corner (Present Ken's Liquor Store) and the proposed
building on the southeast corner, the Police Department now is
OPPOSED to the approval of this application. In addition, located
just east of the proposed site is the Brass Key Dinner House. If
the application is approved, there would be three locations selling
alcoholic beverages in the same vicinity.
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
ATIACHMENT D-l
/....'
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: U r': i .' 1996 -
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City of
HIG
~iT: JF SAN BER\:i..
JEPA~~~_~~~.::~~. .~~..~ ~'~'~:lG -
26985 Base Line
Highland. CA 92346
(909) 864-6861
FAX (909) 662-3180
City Council
Dennis Johnson
Mayor
Ray Rucker
Mayor Pro-Tern
Jody Scott
John R. Starbuck
.mmer
anager
J. Aacadia
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August 14, 1996
Ms. Deborah Woldruff
City of San Bernardino Planning Department
300 North "D" Street
San Bernardino, CA 92418
Re: Preliminary Comments on Conditional Use Permit No. 96-12
Dear Deborah:
The following are the City's preliminary comments regarding Conditional Use
Permit No. 96-12 for a proposed liquor store and automotive repair facility at the
southeast corner of Val aria Drive and Highland Avenue:
1. Currently there is an existing liquor store "Ken's Liquor" at the southwest
corner of Valaria Drive and Highland Avenue, the proposed liquor store
would be at the southeast corner, this would present the possibility of two
liquor stores on adjacent street corners. Liquor stores can create negative
secondary side effects such as an increase in crime. The Arden/Guthrie
apartment complex, which over the past twelve years has experienced
serious deterioration, blight and crime, lies to the west of the proposed
liquor store. Because of the continuing blight and crime within that
complex and the surrounding neighborhoods, does the City of San
Bernardino have a concern about a concentration of ABC licenses that may
lead to an increase in crime within the area.
If this application proceeds, the City of Highland will file a letter of protest
with the Alcoholic Beverage Control Board regarding the possibility of
having two liquor stores on adjacent street corners.
As well, given the City of San Bernardino's and other public agencies,
expenditure of time and money to reverse the deteriorating conditions within
the Arden/Guthrie area is there a concern the proposed liquor store may lead
to additional blight. There is a possibility that Ken's Liquor might become a
vacant building if the second liquor store is permitted. There are already
numerous vacant suites within the commercial strip center north of the
proposed site along Highland Avenue. Would a second liquor store lead to
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a further negative perception of the neighborhood and affect both
surrounding property values and the reuse of vacant commercial buildings in
the vicinity?
Would the City of San Bernardino control the liquor store's hours of
operation or require additional security lighting or security cameras on the
site? If security lighting was installed would it be screened and directed
away from the adjacent residential neighborhoods. Would the roof tops be
secured from graffiti vandals?
2.
The proposed site is bounded by the City of Highland along its southern
boundary. There are existing single family homes opposite the dedicated
public alley south of the site. These homes are within an R-1 Zoning
District. Does the City of San Bernardino have any regulations or restrictions
about locating a liquor store or any commercial use adjacent to residential
land uses or residential zoning? Would the applicant be required to provide
some form of buffer between the proposed commercial use and the existing
single family homes? If this application proceeds, will the City of San
Bernardino notify the adjacent Highland homeowners and request their
comments about the possibility of a second liquor store in their
neighborhood and the proposed commercial use of the site.
3.
A dedicated public alley way lies along the southern boundary of the
proposed site. That alley provides secondary access to an existing
restaurant/bar to the east of the proposed site and access to the backyards of
three single familyresidences that front onto 21st Street. As shown on the
proposed Site Plan, the building footprint for the automotive repair facility is
proposed to be seven (7) feet from the southern property line and the
dedicated public alley. The building is proposed to have service bay doors
and a driveway approach fronting onto the alley. Given the standard length
of a compact car is twelve to fourteen feet and a full sized car is sixteen to
seventeen, is there a concern about vehicles undergoing repair extending
into the public alley. These types of facilities typical "stack" vehicles
waiting for repairs, at their service bay doors, this may lead to the public
alley continually being blocked by vehicles waiting for repair or waiting for
pick up. Would the Fire Department have a concern about the public alley
being blocked with vehicles?
As well, if the proposed secondary service bay doors were to be allowed,
they will expose the homeowners south of the site to noise from inside the
vehicle repair facility.
Given the potential from the problems outlined above, the City asks that
the service bay doors, fronting on the alley, be eliminated along with the
driveway approach along the rear of the building.
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4.
Regarding the second proposed driveway approach onto the alley, if the
project was approved with this driveway approach the City Engineer will
request that the entire width of the alley be repaired and resurfaced with
new asphalt. The repair and new asphalt would extend from the site's eastern
boundary to Valerie Drive.
5. All run off (rain water, nuisance water, etc.) from within the building
footprint of the vehicle repair facility should be routed through a pollution
control device and then routed to the sewer. This is to eliminate the
possibility of contaminated water or hazardous materials getting into storm
drains.
6. As currently drawn on the Site Plan the sidewalk along Valerie Drive ends at
the curb on the public alley. The sidewalk should be designed to continue
around the corner and slope down to be flush with the pavement of the
alley. This would provide accessibility to the sidewalk for the disabled.
7.
Does the City of San Bernardino designate Highland Avenue as a major
highway? If so, shouldn't the ultimate right-of-way width be fifty-two (52)
feet with curb face at forty (40) feet, not the fifty (50) feet and thirty-eight
(38) shown on the Site Plan.
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8.
As proposed on the building elevations, the buildings are to be concrete-
block and have virtually no architectural treatments other than a minor
amount of stucco trim and backlit awnings.
The eastern wall of the proposed liquor store would be more than seventeen
(17) feet high by seventy-eight (78) long creating a blank 1,326 square foot
wall exposed to the patrons of the adjoining restaurantlbar and traffic along
Highland Avenue. As well, the proposed vehicle repair building would
present a wall nineteen (19) feet high by fifty-nine (59) feet in length,
creating a 1,121 square foot wall. Is there any concern about screening
these walls, possibly with landscaping, to present a more pleasant
appearance and reduce the high probability of graffiti vandalism? Other
buildings along this section of Highland Avenue are constant targets of
graffiti vandalism.
9. Any roof mounted air-conditioning units or utility boxes should be screened
from view on all four sides.
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10. How many signs would be permitted on the site and how large can they be.
Could a sign be painted on the eastern side of the liquor store?
11. Will the roof parapets be finished on all exposed sides?
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12. The liquor store has virtually no landscaping adjacent to the building. Could
space for landscaping be added between the sidewalk and building to soften
the appearance of the building?
13. What type of landscaping would be installed along Valerie Drive and
Highland Avenue? Would this consist of sod and ground cover or would the
applicant also be required to install shrubs and trees?
14. Would the applicant be required to underground any existing overhead
utility lines either on or adjacent to the property?
15. Would the existing billboard sign on the northern side of the proposed liquor
store interfere with the design of the building? It seems the sign would be in
the middle of the window and may extend into the awning.
16. Would the applicant/property owner be required to provide ongoing
maintenance of the landscaping within the public right-of-way?
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The following are general comments and questions I have regarding the application.
Is Mr. Suh the property owner? Our records show a Mr. & Mrs. Reams of Rolling
Hills Estates as the property owners. Also, the Assessors' Parcel No. listed on the
Site Plan is incorrect, it should be 286-031-30. If you have any questions about the
City's comments please call me at (909) 864-8732, extension 209.
Sincerely,
~C->--\\\~
Bruce Meikle
Associate Planner
cc: Rick C. Hartmann, Community Development Director
Ernie Wong, City Engineer
Steve Walker, City Planner
Linda McKeough, Community Development Secretary
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A'ITACHMENT D-2
CITY OF
San Bernardino
DEPARTMENT OF PLANNING AND BUILDING SERVICES
MICHAEL E. HAYS
o IRE C TOR
February 6, 1997
Mr. Bruce Meikle, Associate Planner
City of Highland
Community Development Department
26985 Base Line
Highland, California 92346
RE: Development Code Amendment (DCA) No. 96-06 & Conditional Use Permit
(CUP) No. 96-12 - Response to Comments of August 14, 1996
Dear Mr. Meikle:
Thank you for your comments on the above referenced CUP project. Shortly after we received
your letter, the applicant requested that the project be placed on inactive status so that project
constraints relating to the site location could be addressed. On November 22, 1997, the
applicant submitted Development Code Amendment No. 96-06, a request to amend Development
Code ~19.06.030(2)(B) to allow the transference of an existing off-site ABC License to a new
site within 75 feet of the currently licensed facility in a commercial designation.
Project processing was resumed in November and on December 19, 1996, the Development
Review Committee cleared the project to the City's Planning Commission. The project is on
the Planning Commission agenda for February 18, 1997. The meeting will be held at 7:00 p.m.
in the Economic Development Agency's Board Room which is located on the third floor of 201
North "E" Street, San Bernardino, California. The Staff Report will not be available until
sometime next week; however, a copy will be available to you after it is signed by the Director.
Staff has prepared the following responses to your comments:
1.
The City is viewing the proposed liquor store as a replacement facility for the existing
liquor store located at 2601 East Highland Avenue. The current ABC Type 21 General
Liquor License would be transferred to the new facility. Regardless of the outcome for
the proposed project, the City will only allow one off-site alcohol license in the area.
300 NORTH 0 STREET, SAN BERNARDINO,
CALI FOR N I A 92" 1 8 . 0 0 0' (IOI) 31".50711ID57-FAX CIOI) 3.4.50ao
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Mr. Bruce Meikle Letter (Continued)
RE: DCA No. 96-06 & CUP No. 96-12...
February 6, 1997
Page 2
The liquor store use exists in the neighborhood and moving it to the new site across
Valaria Drive will not create any new impacts related to the alcohol use. The project site
and buildings have been reviewed by all affected City departments and agencies for
compliance with the Development Code standards for the CG-l district. The project will
provide the area and store patrons with a new facility and a more attractive and secure
site.
The City's Police Department has reviewed the project and recommends approval subject
to Conditions of Approval. Security on the site is addressed in the Police Department's
Conditions. The hours of operation for the proposed liquor store are from 8:00 a.m. to
12:00 a.m.
If the project is approved and constructed, the existing facility will be vacant unless
reoccupied by a new tenant with a commercial retail, office or service use in compliance
with the CG-l zoning.
2.
The City's Development Code prohibits the establishment of off-site facilities within 100
feet of any property designated for residential use or used for residential purposes. The
applicant has requested a Development Code Amendment (DCA No. 96-06) to allow the
transference of an existing off-site ABC License to a new site within 75 feet of the
currently licensed facility in a commercial designation [~19 .06.030(2)(B)]. Replacement
facilities that meet the locational criteria of 75 feet would be exempt from the residential
and other locational criteria.
The project site plan indicates that the lube & tune building is located near the south end
of the site and not the liquor store. Project phasing is such that the liquor store and all
site improvements would be constructed as Phase 1 with the lube & tune building being
constructed later as Phase 2. It should be noted that the lube & tune use does not involve
auto repair (engine or body work). The site has access from Highland Avenue and
Valaria Drive and access from the alley will most likely be infrequent and limited to the
lube & tune. The project applicant has agreed to construct a block wall along the
southern right-of-way of the alley. Conditions of Approval require that a Building
Permit for the wall be obtained from the City of Highland since the southern half of the
alley is in the City of Highland.
3.
As stated, the alley is bisected along the centerline by the City of San Bernardino/City
of Highland jurisdictional boundaries. Stacking (queuing) for the service bays is included
as part of the site design and a Condition of Approval prohibits vehicle stacking or
parking in the alley. The CG-l zoning does not allow outdoor uses and all activities
associated with the lube & tune will be confmed to the building's service bays. The
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Mr. Bruce Meikle Letter (Continued)
RE: DCA No. 96-06 & CUP No. 96-12...
February 6, 1997
Page 3
City's Fire Departtnent has reviewed the project and submitted their Standard
Requirements.
4. The Public Works Departtnent has indicated that for the City of San Bernardino's portion
of the alley, maintenance is the responsibility of the jurisdiction. As repairs are required,
they should be completed by the respective jurisdiction. Traffic generated by the project
wiIl not adversely impact the alley to the extent that it wiIl require new pavement or an
improved structural section.
5. & 6.
These issues have been addressed through project review and included in the
Conditions of Approval and Standard Requirements for the project.
7. Highland Avenue is designated as a major arterial on the City's Circulation Plan. Prior
to the completion of SR-30 Freeway, the road was designated as SR-30. The ultimate
right-of-way on Highland Avenue for this project has been determined to be adequate by
the City's Public Works Department.
8. & 9. The project has been reviewed and found to be in compliance with the City's
development standards and design guidelines.
10. Signage is processed through a separate permit process that generally occurs concurrent
with the Building Permit process. The City's Sign Code allows up to a maximum of 2
wall signs per business in multi-tenant centers (one sign per street or parking lot
frontage). One of the signs may be placed on the rear of the building when there is a
rear public entrance onto a parking lot or street. Sign area is calculated by multiplying
1.5 square feet times the lineal dimension of the building face. The maximum allowable
sign area allowed for wall signs is 75 square feet; wall signs on the rear face of buildings
are limited to a maximum sign area of 50 square feet. Neither the retail center nor the
individual businesses wiIl be allowed monument signs because the site does not meet the
minimum frontage requirement.
11. The roof parapets will be finished on all exposed sides.
12. & 13.
The site plan includes 25.8% landscaping which exceeds the City's minimum
requirement of 15 %. Site design does not include landscaping adjacent to the
liquor store. The purpose of this is preclude any hiding areas around the building
for improved site security. The landscaping along Highland Avenue will be
required to meet the City's standard requirements in terms of tree and shrub size,
species mix and placement.
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Mr. Bruce Meikle Letter (Continued)
RE: DCA No. 96-06 & CUP No. 96-12...
February 6, 1997
Page 4
14. The project site is less than an acre in size and therefore is exempt from the City's utility
undergrounding requirement.
15. The existing billboard is not located on the project site and is not part of the project or
subject to requirements of the project.
16. The applicant will be required to provide ongoing maintenance of the landscaping within
the public right-of-way.
Please feel free to contact me at (909) 384-5057 if you any questions about the project or the
preceding responses to your comments.
Sincerely, .
~.'ve-{.;t-y(tll (V~<+-iJ'~t'J/! -
lb':borah Woldruff 71V
Associate Planner
cc: Mr. Bruce Suh
Ken's Liquor
2601 East Highland Avenue
Highland, California 92346
Elliott Shaw
Integra Engineering, Inc.
621 East Carnegie Lane, #120
San Bernardino, CA 92408
Sandra Paulsen,
Senior Planner
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1o)~~~DWlsfi)'
ln1 FES 1 0 1997 l!V
AITACHMENT D-3
2649 E. Highland Ave.
Highland, CA 92346
2/07/97
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING a.
BUILDING SERVICES
planning & Building
San Bernardino City
300 No. "D" St.
San Bernardino, CA
Services Dept.
Hall
92418
Ref: DCA No. 96-06 & CUP No. 96-12 (DW)
Gentlemen:
I am in opposition to the above referenced proposal for
the following reasons:
1. As the owner of the Brass Key at 2649 E. Highland Ave.
which abuts this property I feel a Liquor Store in such
close proximity would be a definite detriment to my
business.
2. A Liquor Store located beside tne Brass Key in my
estimation would decrease the value of my property.
3. My Restaurant serves alcohol as well as food. I
question the legality as well as propriety of "side by
side" liquor sales.
4. I have worked constantly to up-grade the Brass Key
and be a credit to our Community since buying it three
years ago. At this time I am enjoying a very good
reputation at this location. I do not want to lose it.
I will appreciate your review of the above and denial
of this requested Amendment to permit construction of
a Liquor Store beside my property.
Thank you for your attention.
Very truly yours.
P & WIne. dba
~~K;~. ~
patricia M. Case,
President
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2649 E. Highland Ave.
Highland, CA 92346
2/10/97
Deborah Wold ruff
City of San Bernardino
Dept. of Planning & Building Services
300 No. "D" St.
San Bernardino, CA 92418-0001
Ref: Your letter of 2/6/97, CUP 96-12
Dear Ms Woldruff,
I authorize Jey E. Younger III, Real Estate Appraiser
and Consultant access to all background information
in the above referenced letter. Mr. Younger is
authorized to review the CUP, available building
plans and any related data in possession of the
Department of Planning & Building Services.
Please be advised, it is my contention that a
prescriptive easement exists for the approximate
6 1/2 feet encroachment on the adjacent parcel.
This property has been openly and notoriously occupied
for more than 20 years. The property has never been
posted nor have we or previous owners been asked
(until recently) to vacate the encroachment.
Very truly yours,
~i;:;~A (1_
I
I ~.f99~@
/
CITY OF BERNARDINO
T OF PlANNING ..
ING SERVICES
patricia M. Case,
Owner
rD)~@~OW~~
ln1 FEe 1 0 1991 l!lj
CITY OF SAN~.
DEPARTMENT ~
BlIUlll'" ......-
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ATTACHMENT D-4
William G. Franks
6538 Valaria Drive, Highland, CA 92346
909-425-0801
February 10, 1997
OO~~~~~~~
Planning and Building Services Oept.
San Bernardino City Hall
300 North "0" Street
San Bernardino, CA 92418
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING ..
BUJU)ING SERVICES
SUBJECT: Development Code Amendment No. 96-06 and Conditional Use Permit No. 96-12
In regards to the above request concerning transferring the ABC Liquor License from 2601 E.
Highland Avenue, San Bernardino, CA to a proposed new facility to be located across the street
at 2627 E. Highland Avenue, San Bernardino please consider this our protest letter.
To give a little background regarding the Franks' family and the liquor store building located at
2601 E. Highland Avenue, San Bernardino and the reason for the protest please know that my
father, the late Virgil Franks, owned the second oldest liquor license in San Bernardino. It was
purchased in 1951 where it was located at Mission Liquors on Mt. V emon Avenue. The license
was then transferred to Virg Franks Liquors which was located at the comer of Sepulveda and
Highland Avenue until 1960 when he built a new building located at 2601 E. Highland Avenue,
located then in the county and called Highland. The business was called V & E Liquors. The
only other buildings out there, surrounded by orange groves, were Patton State Hospital and
George Foster's INCa gasoline station located on the comer of what is now known as Arden and
Highland A venue. My mother, Evelyn M. Franks, and my father worked as partners in the
business which had not only liquor. The store was also a market providing the neighborhoods
and employees of Patton State Hospital with groceries, sodas, ice, beer and wine and very
friendly service. We extended credit to neighbors who were struggling and to the Indians of San
Manuel Reservation. They were lean years for the first four or five years. But it was the
neighbors and the Indians that helped it to grow and prosper as did the area surrounding the store.
My parents had been in the family owned and operated business for 41 years. They were very
well known contributing members of the community.
The license and inventory was sold in 1980 to gentlemen who renamed the store Ken's Liquor.
They were there five years and resold the license and inventory to Bruce Sub. Mr. Sub signed a
10-year lease on the building with my mother and father which expires January 1, 1999. It has
been very difficult having Mr. Sub as a tenant. He is an extremely unfriendly man, rude to the
neighbors and customers, and does not contribute to the community. He does not maintain the
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Planning and Building Services Dept.
Page 2
February 10, 1997
facility leased by him i.e., washing windows and doors, pulling weeds, cleaning the sidewalks
and has been in default of the terms of his lease several times. The signs he owns have fallen
into disrepair. Ail supplemental papers Le., Green Sheet and rental booklets that are put in front
of the store blow away and allover the neighborhood. He does not make any attempt to clean
any of it up.
There have been two killings and one injury, all shootings, since Mr. Sub has been at this
location. He did shoot and kill a young man stealing his cash register and shot up the car of the
driver in the parking lot. There was the shooting of a young man at the phones located in front of
the store which encouraged gang activity and graffitti. The phones have since been moved away
from the store. There was a man found shot to death in a car behind the business three years ago.
Case is unsolved, I believe. Before he took over the lease there was never any trouble like that.
Pleae be advised that since the building was initially built to be a liquor store, and has been one
for the last 37 years, my family has every intention of keeping it a liquor store. I plan on, when
Mr. Sub's lease is up and ifhe does not wish to renegotiate a new lease, to lease the property to
another liquor license or I have every intention of purchasing a liquor license myself and
go back into the liquor store business. This is now my mother's only livelihood. It was
intended as such when my family purchased the property and built on it. My father worked hard
to have the the store property and the home he owned behind the store to be annexed into the
City of San Bernardino. He felt it was important to be in the City of San Bernardino as he was a
strong supporter of our Mayors and City Councils. I will not let our building become one of
hundreds of empty buildings now plaguing our city.
In talking with Deborah W oldruff, Associate Planner, and after my family's research it has come
to light that the information on the Official Notice of Public Hearing Report and the Site Plan
and Preliminary Grading Plan for the Conditional Use Permit 96-12 seems to be in error.
Mr. Sub is listed as owner/developer when in fact an offer has been made on the property which
is in escrow with the sale of the property contingent upon him receiving the permit. The real
developer, as I understand, is Elliott Shaw of San Bernardino. I thought it was illegal until the
sale clears escrow to list yourself as owner/developer and that if Mr. Sub listed himself as such
would have had to post a bond.
My mother and I thank you in advance for listening to our concerns regarding this matter.
Sincerely,
WillWmGF~;,1h7!,"" ~ ~:;lynW.F7')( 1/
~. 7~ 'Y.fi /lJl ~
;r.,fdlyY
ATIACIlMENf D-5
I~ rF' (r'j r;= n ~r ~ fIT\
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Jl , 7 1996
,= SAN BE::;-
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August 21, 1996
Planning Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
We are aware of the proposed construction of a liquor store and a
Lube'n Tune on the southeast corner of Highland Avenue and Valaria
Drive.
We understand Mr. Suh, the owner, will be moving his license from
his present business on the southwest corner of Highland Avenue and
Valaria Drive across the street to the new site.
We have no objection to the project as presented.
Sincerely,
9 m1 ~120) 1 cJft
(Signature) ~
~~3S0 ~! hO~721,i.{l
(Address)
rm '~ I"l
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? 1996
fIT!
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~ SAN BEl;'
,_.-"
'0 ,
o
August 21, 1996
Planninq Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
We are aware of the proposed construction of a liquor store and a
Lube'n Tune on the southeast corner of Highland Avenue and Valaria
Drive.
e
We understand Mr. Suh, the owner, will be moving his license from
his present business on the southwest corner of Hiqhland Avenue and
Val aria Drive across the street to the new site.
We have no objection to the project as presented.
Sincerely,
e
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Ui1 MAR 1 7 1997 I!!J
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING &
BUILDING SERVICES
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February 27, 1997
(O)rn@rnOWl[g~
!n) MAR D 3 1997 l0
ATrACHMENT D-6
r-~
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING &
3UILOING SE,~VICES
Mr. Mike Hays, Director
Planning, Building & Safety
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Dear Mr. Hays:
My name is Bruce Suh. My business, Ken's Liquor, is located at
2601 East Highland Avenue, in the City of San Bernardino. I
started this business in December, 1989.
I filed for DCA 96-06 and CUP 96-12, in July 18, 1996, and would
like to tell you why I made this application in spite of bad
economic conditions in our area.
1.
My current
the first
following:
sales volume is approximately 43% less than
five years in business because of the
.
A.
The opening of Freeway 30, which customers use
going to Running Springs and Big Bear, has
reduced the traffic flow by 90%t.
B. The opening of Food 4 Less one-quarter mile east of
my business.
C. About three years ago, about one-quarter mile west,
Texaco gas station was converted to a convenience
store that sells beer, wine and groceries.
D. There is a new Chevron gas station with a con-
venience market under construction across from the
Texaco station.
E. In my business area, there are many vacant
properties which may further compete with my
business.
2. My landlord, Mr. Frank, is causing me problems because of
the following:
A. Mr. Frank wants to raise rent in spite of reduced
sales and volume.
.
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Mr. Mike Hays
February 27, 1997
Page 2
B.
Mr. Frank apparently has no permanent job.
Three years ago his father passed away, and he
immediately moved to his father's house directly
behind my business. Many days he walks around my
business and will enter the store and bother me
while I am trying to conduct my business. For
example, he said I can't put my sales signs in the
windows or other places. He also had my public
outside telephone changed from my name to his
without my knowledge. This resulted in a loss of
$30.00t per month income.
He has also installed a chain link fence in the
southern portion of my lease area and added a
300 8Ft building behind the liquor store within
this fenced area without my permission. He took
out an old compressor and installed a new com-
pressor and said that I owe him $2,400.00. He
removed a neon sign for "Ken's Liquor" one year
ago for sandblasting and painting, but he has
only sandblasted the building, not repainted. I
have no idea where the neon sign is.
c.
Normal cost for rental fee per month is 3% to 4% of
the gross sales. My current fixed lease agreement
calls for 7.2% because of my reduced gross sales.
Mr. Frank has informed me that should I wish to
re-lease this property after January, 1999, when
my current lease expires, he wants 10% of my gross
sales for rent.
D.
E.
Approximately 1~ years ago I attempted to sell my
liquor license, my inventory and the remaining
time on my lease to a prospective buyer for one-
third of the price I paid for it six years ago.
Nobody would buy because of the temperament of
Mr. Frank and the conditions of the lease.
3.
Because of the situation as described above, I decided to
purchase the adjacent property to build my own building
for my business which would help me achieve the goals
of my American dream since I became an American citizen
in 1986.
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Mr. Mike Hays
February 27, 1997
Page 3
In the sixteen years that I have lived in America, I have
worked approximately 12 hours per day without one day off
work.
Once you approve my project, and I complete construction of my new
building, it will be a state of the art liquor store which will
provide more items and better service to my customers. The
existing building is old and lacks landscaping, lighted and proper
parking to achieve my goals.
This is my first experience in processing a project through the
City. I want to thank you and your staff for all of your
assistance.
Sincerely,
Bruce Suh
P.S. If my landlord thinks I am a bad person and a poor tenant,
why is he writing a letter against this project?
BS:ES/ts
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ATI'ACHMENT "E"
DCA NO. 96-06/CUP NO. 96-12
HEARING DATE: April 22, 1997
Page 1
BACKGROUND INFORMATION
(DCA NO. 96-06/CUP NO. 96-12)
During stafrs review of the application submittals, it was noted that the existing site (2601 East
Highland Avenue) was established in 1960 in the County of San Bernardino and does not appear
to have a CUP for a liquor store. (The area was annexed to the City in 1972.) As a point of
reference, CUPs for alcohol outlets (and other types of conditional uses) run with the land and
cannot be moved to a new location. Conversely, ABC alcohol licenses can be transferred from
person to person and/or from site to site.
On August 8, 1996, CUP No. 96-12 was reviewed by the Development/Environmental Review
Committee (DIERC). The DRC continued the project to the August 22, 1996 meeting so the
applicant could resolve the project's conflict with the Development Code provisions for ABC
off-site outlets. On August 22, 1996, the applicant requested that the project be continued to
the October 3, 1996 meeting.
At the October 3, 1996 meeting, the project was continued indefinitely. During that time,
Planning staff and the applicant continued to work toward a solution for the project's conflict
with the Development Code provisions. Planning staff also contacted the California Department
of Alcohol Beverage Control (ABC) to find out if the existing facility (Ken's liquor, 2601 East
Highland Avenue) could be relicensed following the proposed transfer of the ABC Type 21
liquor license to the new facility. ABC's verbal response was that this could not happen
because relicensing the existing facility would require the City's approval of a determination of
Public Convenience and/or Necessity (pCN) for a new license.
The applicant submitted a Development Code Amendment (DCA No. 96-06) on November 22,
1996 and Planning staff resumed project processing. All elements of the project and the
amendment were reviewed by the DRC at their meeting of December 19, 1996. At that
meeting, the DRC recommended that the Planning Commission recommend to the Mayor and
Common Council the approval of DCA No. 96-06 and CUP No. 96-12.
The project was scheduled for Planning Commission review on February 18, 1997. Prior to the
hearing, the City Attorney's Office informed Planning staff of a provision in the Business And
Professions Code [~23958.4(t)] that would exempt the existing facility from the PCN
requirement. The provision states that: "This section shall not apply if the premises have been
licensed and operated with the same type license within 90 days of the application." Effectively,
approval of the proposed amendment and CUP project could result in two off-site sales facilities
within 75 feet of each other.
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ATfACHMENT "E"
DCA NO. 96-06/CUP NO. 96-U
HEARING DATE: April 22, 1997
Page 2
In a telephone conversation of February 14, 1997, ABC staff confirmed that this scenario is
possible given the provision cited and the nonconforming structure and use provisions in the
Development Code. The Development Code allows the reestablishment of a nonconforming use
within 12 calendar months following the discontinuance of the use. (Within the first 3 calendar
months of the 12 month period, the existing facility would be exempt from the PCN
requirement. After that, a PCN determination would be required.) The existing site, 2601 East
Highland Avenue, is legal nonconforming because it was established prior to the adoption of the
Development Code in 1991 and without an approved Conditional Use Pennit.
'. . Law Office of
II Cynthia Ludvigsen
I
EXlHBIT "3"
HAND DELIVERED
m \1 ~ \1 ~ '1J \1~..\
un ~v~ 1. \ 11Jl .
Of'''''' IEI'~.
CI~tl4T of aN1Cf,S
Oil' e\JI\.\)IIlG S
P.O. Box 409
398 W. Fourth Street, Suite #203
San Bernardino, CA 92402-0409
909-885-6820
FAX 909-885-6976
April 21, 1997
Planning Commission
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418-0001
Re: Development Code Amendment No. 96-06
Conditional Use Permit 96-12
Ladies & Gentlemen:
I represent Bruce Suh, the applicant in the above matters, and
the operator of Ken's Liquor Store, which is across the street from
the site for which the above applications have been made.
Both the Planning Staff and the City Police Department
originally recommended approval of these applications, but changed
those recommendations based upon a concern that my client's current
landlord could obtain an off-site license for his building without
City approval, thus resulting in two liquor stores across the
street from one another.
According to planning staff, based upon discussions with
representatives of the Alcoholic Beverage Control Board, the
current landlord, William Franks, could, under current ABC rules
and the City's nonconforming use rules, purchase a similar license
and not be subject to the undue concentration restrictions for 90
days after Mr. Suh vacates the current site.
However, such an application could be protested by the City
(or area residents) on any other grounds and those protests will be
considered and given weight by the ABC in making a determination
whether to approve the application for a license.
While the current landlord has told the City he intends to
apply for a license, we believe that this is a threat made to
either force my client out of business (and perhaps force a sale of
his license to Mr. Franks) or to force my client into onerous terms
for renewal of his lease at the existing site when the lease
expires in January, 1999.
Ladies & Gentlemen
April 21, 1997
Page Two
Mr. Franks has already demanded not only a significantly
increased rent, but a percentage of gross sales in order to renew
the lease. We believe he is attempting to use the City's processes
to secure an economic advantage for himself and that his comments
and threats should be considered in that light.
There are many advantages to my client's proposed project and
we urge the Commission to overturn the staff recommendation.
Under the current lease, the landlord is responsible for
maintaining the exterior of the building and premises. A view of
the site will show that he has done less than a stellar job and
there is no on-site landscaping. On the other hand, the interior
of the premises, for which my client has responsibility, is well
maintained.
My client proposes to invest a significant sum of money to
build a new store, large, well-lighted, and well-maintained, both
inside and out, which he believes will be much more attractive to
customers and will better serve the neighborhood as a convenience
store. The site of the proposed project is currently a vacant lot.
It has been for sale for many years and is unlikely to attract
another purchaser soon and is not well-suited for many types of
commercial uses. However, it is well-suited for my client' s
purposes. In addition to the new store, my client will construct,
in a second phase, an auto lube/tune shop on the site which is
appropriate for the site. The proposal would require extensive
landscaping which Mr. Suh will install.
The new businesses which Mr. Suh will build and operate will
be an asset to the City and an aesthetic improvement to the
neighborhood.
The proposed Development Code Amendment has been narrowly
drawn so that it cannot be applicable to undue number of locations.
It can be used only where an existing facility can move into a
vacant property within 75 feet. While we have not attempted to
study the number of situations to which this section could apply,
we believe that there are few vacant (and suitable) sites to which
an off-site sale license could be moved within 75 feet.
The proposed amendment can be further limited by permitting
only one such move per off-site license or per site or by limiting
the number of such moves which can be approved by the City during
any given year. My client would have no objection to such
limitations.
, , ~
Ladies & Gentlemen
April 21, 1997
Page Three
Please note that, were it not for concern that the City cannot
protest based on undue concentration and the legal, nonconforming
use status of the current site, we believe both the planning staff
and the police department would have recommended approval of this
application. My client has demonstrated not only his ability to
operate this type of business free of loitering, crime and other
problems often associated with convenience stores, but also has
demonstrated over the years cooperation and a good working
relationship with the police department. In fact, he has received
at least one commendation from the Police Department for his
assistance to them.
We believe that Mr. Suh has demonstrated the ability to
operate a convenience store with an off-site sale license in a
manner that supports the City's law enforcement goals and provides
a service to the community while not harming it. He is preparing
to bring new construction to the City which will enhance a
neighborhood which could well use such enhancement and which is not
one in which developers are racing to build. In addition, the
proposed site is not large enough for other potential commercial
uses and is well-suited for the convenience store and lube/tune
shop he proposes. As he has explained in his letter, the approval
of a gas station/mini-mart at Arden and Highland has cut into his
business and he can only compete with a modern and clean facility.
The current site is old and not well-maintained.
The only person objecting to this proposal is the landlord,
who has motives other than the community good. The likelihood that
he will be able to purchase a new liquor license with in the 90 day
period is small. Were it not for this "90-day risk", we believe
both the Planning Staff and the Police Department would have
recommended approval.
We urge the Commission to approve this project and believe
that it will enhance the neighborhood and benefit the City.
Very truly yours,
LAW OFFICE OF
CYNTHIA LUDVIGSEN
~~~
CYN HIA LUDV SEN
CL/tr
cc: Bruce Suh
Elliot Shaw
Henry Empeno
Deborah Woldruff
Refer/Suhltr.
I
,
Oversized
Map Attached
to Original
Backup
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: August 31, 1998
TO: All Clients
FROM: City Clerk's Office
RE: SCANNING DOCUMENT PROBLEM NOTICE
--------------------------------------------------------------------------------------------------------------------------------------
MAYOR AND COMMON COUNCIL
MEETING DATE: July 21, 1997
ITEM #: #30
ORDINANCE: MC-1000 - Ordinance amending Chapter 19.06 of the Municipal Code (Development Code) regarding
Alcohol Beverage Control "ABC" license (liquor license) standards. FINAL READING (Map Not Scanned)
NOTICE OF:
Missing Document.
Exhibit/Attachment.
Public Works/Engineering Bound Contract.
Staff Report.
Bad Quality Original.
X - Document.
X - Map.
X - Hand Written Original.
Ordinance - Legal Advertisement Proof of Publication Bad Quality.
Ordinance - No Staff Report.
Missing Signature -
FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records
management staff or the Administrative Operations Supervisor at (909) 384-5002.
Rachel Clark
City Clerk
RC:mam