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HomeMy WebLinkAbout40-City Attorney , c <C cc . . TO: FROM: DATE: RE: EXHIBIT 5 CITy...oF SAN BERNARDINO ~. INTEROFFICE MEMORANDUM~ "" r::-;""~'~:.' :..~:'.':..'.'~ :-_'.. ...,1,.. ("n...~'" C.r,C, Mayor and Councilmembers .. ..... '~::::.~J:.":J "', "~C .. -, -,;, 3 Henry Empet\o Jr., Deputy City Attorney ~ - t! 8.02 December 2, 1993 December 6, 1993 Council MeeUng Agenda It.... No. 40 " 41 /~~.' ':.e .-" ."t"", 40. Reconsider Initiation of Development Code Amendment Regarding Off-Site ABC License RequirelUUlts 41. Reconsider Appeal of Planning Co.mission's Denial of Conditional Use Permit No. 93-01, Convenience Market at 484 South Rancho Avenue. This memorandum' is in response to issues raised at the October 4, 1993 Council Meeting regarding the above-referenced it... which were later continued to the December 6, 1993 Council Meeting. On September 20, 1993, the Council voted to deny the appeal and deny Conditional Use Permit No. 93-01, which sought to upgrade an ABC license to sell liquor at an existing convenience market. '!'he Council denied the CUP primarily because the application did not comply with the distance requirements in the Development Code at Section 19.06.030(2)(8), which, among other'conditions, prohibits businesses requiring issuance of an off-Site ABC license from being located within 100 feet of any property designated for residential use or used for residential purposes. The subject market is located next door to an existing single family residence. Although the subject market currently sells beer and wine as an existing legal nonconforming use, any expansion of this use, i.e. adding the sale of liquor, must conform to the provisions of the Development Code, pursuant to Section 19.62.030(3). Thus the ordinance in the Development Code stating these distance requirements must be previOUSly or concurrently amended in order for the subject CUP to be validly approved by the Council. As pointed out at the previous Council meetings, the .fairness. of this rule has been questioned given that just across the street from the subject market'is a similar use within the City of Colton which is permitted to sell liquor. After the October 4, 1993 Council Meeting, our office met with the property owner and the applicant of the subject. CUP and have also held several meetings with Planning Department staff. We belie". a Development Code Amendment may be initiated by the Council which . would allow approval of the subject CUP and at the same time decrease the risk of a successful legal challenge to the emendment and to the approval of the CUP. Such a Development Code 19.06.030(2)(8) by allowing al though the site is wi thin Amendment would amend Section approval of the CUP application 100 feet of residential property IB/Ja.(12-6."--J lfo/'+l . . Ie c c . o o To: Re: Page Mayor and Councilmembers December 6, 1993 Council 2 MeeUng Agenda It... No. 40 & 41 providing that three additional conditions are met: 1. The application is for the expansion of an existing legal nonconforming use. 2. The site is wi thin 100 feet of an existing business establishment with the same use which is located outside the City of San Bernardino. 3. The applicant submits a written statement of non- opposition to the application for the CUP which is signed by all property owners and tenants of parcels within a radius of 100 feet. The above conditions would minimize the oPPOrtunity for applying this Development Code Amendment to other areas of the City but would not be .spot zoning. because other siailarly situated property would be affected in the sue manner as the subject site. The written statement of non-opposition decreases the risk of challenges to the City's actions. And in this Particular case, the property owner and the applicant, A1i.Yasin and Eddy Robbin, have informed us that they already have a petition signed by all of their neighbors supporting their application. If the Mayor and Council choose this option, the following actions should be taken: 1. Agenda Item No. 40: Adopt a motion to initiate a Development, Code Amendment regarding off-site ABC license requirements as outlined in this memorandum, with the necessary fees to be paid by the applicant (Mr. Robbin offered to pay the Development Code Amendment fees at the October 4, 1993 Council Meeting). 2. Agenda Item No. 41: Adopt a motion to approve the reconsideration and to notice a public hearing for CUP No. 93-01 concurrently with the Council's hearing on the Development Code Amendment. ~ L;>~o/ HENRY EMPERO, JR., Deputy City Attorney cc: James F. Penman, City Attorney Rachel Clark, City Clerk Shauna Clark, City Administrator Al Boughey, Director of Planning & Building Services A1i Yasin & Eddy Robbin Bl/ja 112-6....1 o c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ORDINANCE NO. U ORDIDBCB 01' TBB CITY 01' SU DBRRARDINO AMENDING CRAP'1'BR 19.01, SBCTION 19.01.030(2) (D), 01' TBB SU BBRNARDINO ICUIIICIPAI, CODB (DBVBLOPJIDI'l' CODB) PBRTAINING '1'0 ALCOHOL DBVBRAGB CONTROL "ABC" LICBNSBS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SBCTION 1. Development Code Section 19.06.030(2) (B) ALCOHOL BEVERAGE CONTROL "ABC' LICENSE, is hereby amended to permit upqrading of ABC licenses in existing, nonconforming convenience stores in the CN District (see Attachment A, Development Code Page 11-95, attached and incorporated herein by reference): "B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE An establishment wishing to upqrade to liquor sales that is a legal, nonconforming convenience store, in a CN district, with a current "ABC" license for beer and wine, and is within 100 feet of property designated for residential use, or used for residential purposes, and is within 100 feet of a similar use not in the City of San Bernardino and that a statement of non-opposition signed by all property owners and tenants in the city of San Bernardiono who are within 100 feet of the subject property as measured from property line to property line is submitted with a Conditional Use Permit application. 1 c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o U OItDIDNCB OJ' TD CITY OJ' SU BBlUIARDINO lUCBNDING CBAP'rBR 1'.01, SB~IOM 1..01.030(2) (B), OJ'TD SU BBlUIARDINO XUKICIPAL CODS (DBVBLOl'IIBft CODS) PBRTAINIMG TO ALCOHOL BBVBUGB COftROL "UC" LICBMSBS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1994, by the following vote, to wit: Council Members: ~ IiAU ABSTAIN ABSENT NEGRETE CURLIN HERNANDEZ OBERHEIIIAN DEVLIN POPE-WOLAK MILLER day of City Clerk The foregoing ordinance is hereby approved this , 1994. Approved as to form and legal content: Tom Minor, Mayor City of San Bernardino JAMES P. PENMAN, City Attorney By: 2 c c c 3. o o EXHIBIT 7 CORDU'ZOIlS OJ' APPROVAL for Conditional Use Permit No. 93-01 1. The effective for this Conditional Use Permit is lIoveaber 3, 1"., which is the effective date of the Ordinance approving DCA 93-15. 2. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and wUl 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. The review authority may, upon application being fUed 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. 4. This approval shall be used within two (2) years of the effective date, otherwise it shall become null and void. By use is meant the beginning of substantial utilization contemplated by this approval. BzplratloD Dater lIoveaber 3, 1'" . is\.). ~\\J<:d\ '-\~ S- ~\.)~)S-\c..\ ~ $-\. s'c... ~ ~.Q..(,f'\C.f~: f\Cl S.c.. ,\~I.l\C.> ", .... o " .. 1 ____m__. -- t-~-~~ ~~~~:-------------...---- - ----j~..---~..h>..h~...i...h_~--~~--~-..~ -. 1~~~~~lcuJ)~ __ !_Q...,:.\t.._~_.._lC.K..cctlcl-~_.~-~().-~. .____ -_j-~~-M~-.~O ,-----. - .__u_ .. --- .I_____._~~.~ .~ ~-~CMJ.4.. .~00 ~ - .-1---\~.~-~-~-~-~ ~cJ ,\.),.)~ -.~ fVv:rv.:J-_~.. -.}..~ _ ~ . _ __ J~.Nl('.\O I'L~C,/""'-.Q... ~_~CY\ -~.-~~o>:..a..._. \~'a~-~--D~.~--Q.AL . - ~-~o.~~-~-.~~~l.da .c.{- CNJ'\.____ -. ~__~~-d..N..-~-\..U~--~~. _____ I~_~ ~_~__'r::.~-~--~..cl..D-~--:n R ~ .. 'rL --- -i-~ .~~ ~~~O"L~-Jn ~1't:\J.~.~ --- f -~-~-:Jl~'::~OJ-AL.~~d .m_ '-~._~..~'~ ~_._-~_.~..~ -- -- -~--~~~. -~,.. - ---- - ~___ ..._~~~_I...U..hvv:_.~.--- -~-~ -.. ..~~~-~--~_._---_. _ ~_. ~_ ~__~~~ J.-d1. _ ~~ __ - .~-~~~~~C2-~!~<l.--- .'\I~~\J~~.~~~. ..._ --~.~~._~_~ ~_c- ~~ ._ i c.\~..~L~-~_~~-'-Uill.~d.-- . I~"" ~~- ')'d.c~_~_~ ~. ~--- I ~ \, .A., ',,;f) ~ ~-1..0'~ ~ -JV0J ---- I~ ~ ~ ~ctu-Io~~. il'''''~~~'\~~A ~~)~ -j--.' lj~~~--~c:t-~~w41~~::Lu- 10:N..~~'~,~~-v\O"-..~.-~---- ..---- I ~ - ~~~___---- ---.- ()JVJ _' . <' _ ..____ . _. . __.-_, . ~ ~.- ,:' ~'/ - ~ 'C.;. :><......". '- "- :. , ,.." .-, . 71~ 1--, -. ~-.-'!F, "'~.:04""""""'" - . o o ", October 3, 1994 city of San Bernardino Mayor and Common Council RE: Ali Yasin dba: Ouik Stop ~4 , 484 South Rancho Ave. San Bernardino 92410 Deqr Mayor/Council: It has come to my attention that the above mentioned market is requesting permission to sell "hard liquor" from you. I'm hoping that you will NOT allow this to happen. There are several reasons why I feel refusal of this request to be the wisest decision. 1. There are three locations within a 3/4 mile radius of this market which already sell "hard liquor". We don't need another outlet in this neighborhood. 2. Based on previous experiences, there would be an increase in trash and broken glass which I, as his closest neighbor, . would have to clean. 3. Based on previous experiences, there would also be an increase in people urinating on both, Ali's and my. properties. I've witnessed this behavior on a bi-weekly basis and I have no solution. .--.-:r ~~;--" ,,' ,< . o o Having been a resident here for eight years, I've seen these and other problems increase when the market was approved to sell beer and wine, Now you and I are being asked to continue this downward spiral by allowing the sell of "hard liquor", Another reason this is disturbing to me is that of" honor". About four years ago I compromised with Mr. Ali and dis- contiued my protest of him selling beer and wine. This was done because of his business and financial needs, and in the name of being a good neighbor. I was also given a verbal assurance from Mr. Ali personnally that he would not be asking to sell "hard liquor". Now I'm left wondering how good is his .promises. It is my hope, prayer, and desire that the Common Council would deny this request by Mr. Ali. Were it not for a change in my work schedule, I would be present to voice my concerns. If this matter gets continued to another agenda, I am willing to make a special request for time off from my job, so I can be present to give the Council additional information if needed. Thank-you for your time and attention on this matter. I trust our efforts will help preserve the quality of this community. 2035 W. Chestnut St. San Bernardino, Ca. 92410 .-_....r '-. ""7 .. .. ""....(.. ,. '.