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HomeMy WebLinkAbout19-Planning and Building CITY. OF SAN BERCARDINO - REQUESTOoR COUNCIL ACTION t~: Dept: Al Boughey, Director of Planning and Building Services Planning and Building Services Subject: Development Code Amendment No. 93-15 - ABC License Upgrade in CN; and reconsideration of CUP 93-01 - to Permit the Upgrade to Liquor at an existing convenience store. M&CC Mtg. of 10/17/94 One: October 12, 1994 Synopsis of Previous Council action: October 3, 1994 - The Mayor and Common Council continued the item for staff to revise the proposed ordinance language. Recommended motion: c That the hearing be closed, that the Mayor and Common Council adopt the Negative Declaration and that the first reading be waived and the ordinance be laid over for final adoption; and that Conditional Use Permit No. 93-01 be approved based on Findings of Fact (Exhibit 4) and subject to the Conditions of Approval (Exhibit 5). Al Boughey Contlct plrson: Phonl: 384-5357 Supporting dati aUechld: Staff Report, Ordinance Ward: City-wide FUNDING REQUIREMENTS: Amount: n/a Source: (ACCT. NO.) (ACCT. DESCRIPTION) gmclI Note.: Finance: 14 o '0 c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT subject: Development Code Amendment No. 93-15 Conditional Use Permit No. 93-01 (Reconsideration) Mayor and Common council Meeting of October 17, 1994 BACKGROUND At the October 3, 1994 meeting of the Mayor and Common Council, staff was questioned as to why the proposed ordinance contained specific provisions pertaining to the upgrade of nonconforming ABC licenses at existing .convenience stores. The proposed ordinance reflected the motion of the Mayor and Common Council on December 6, 1993. (A copy of the minutes of that meeting are attached.) The motion was based on the memo prepared by Henry Empeno (Exhibit 5 of the staff report dated September 8, 1994). c The Council also had questions related to similar situations in other areas of the city designated CN. staff previously researched all of the CN locations in the City. There are 11 existing convenience stores in the 8 areas designated CN. Seven of the convenience stores are adjacent to another jurisdiction (unincorporated or City of Highland). Five already sell liquor; one sells beer and wine, and one has neither. However, neither of the latter two fit all of the criteria proposed in the ordinance. The revised language provides more flexibility to the Mayor and Common council, without "opening the door" for numerous, similar requests. The proposed code amendment was re-noticed for a public hearing on October 17, 1994. Refer to the packet dated September 8, 1994 for the remaining back- up materials. KEY POINTS Revised language has been incorporated into the proposed ordinance pertaining to ABC license upgrades under certain conditions. Approval of the revised ordinance would enable the Mayor and Common Council to consider approval of CUP No. 93-01. STAFF RECOMMENDATION c If the Council wishes to approve the expansion of the ABC license to include the sale of liquor, staff recommends that the Mayor and Common Council adopt the Negative Declaration, approve the revised ordinance (attached), and approve Conditional Use Permit No. 93-01, based on the Findings of Fact and subject to the Conditions of Approval contained in the September 8, 1994 staff report. c c c o o DCA 93-15/CUP 93-01 October 12, 1994 Page 2 Exhibits: 1 Mayor and Common Council Minutes of December 6, 1993 2 Memo from Henry Empeno dated December 2, 1993 3 Ordinance 4 Findings of Fact - Conditional Use Permit No. 93-01 5 Conditions of Approval - Conditional Use Permit No. 93-01 Prepared for: Al Boughey, AICP, Director Planning and Building Services o EXHIBIT 1 o c RES. 93-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from November 15, 1993) (39) Keith Stava, San Bernardino Civic Light Opera Association, P.O. Box 606, San Bernardino, CA, thanked the Mayor and Council for the fine arts funding. Council Member Oberhelman made a motion, seconded by Council Member curlin, that said resolution be adopted at a funding level of $44,000. The motion carried, and Resolution No. 93-450 was adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Members Negrete, Hernandez. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:29 a.m., Council Member Pope-Ludlam .left the Council meeting. c RECONSIDER - INITIATE DEVELOPMENT CODE AMENDMENT - OFF-SITE ALCOHOLIC BEVERAGE CONTROL (ABC) LIClNSI REQUIREMENTS - COUNCIL MEMBER HERNANDEZ - COIftIJIUID FROM NOVEMBER 1, 1993 - DISCUSSED LATER IN THE MEE'1'IJIQ - SEE PAGE 33 (40) This is the time and place continued to reconaider initiating a Development Code Amena.ent regarding off-aite Alcoholic Beverage Control license require..nta. RECONSIDER - APPEAL OF PLANNING COMMISSION I S DENIAL - CONDITIONAL USE PERMIT NO. 93-01 - 484 SOUTH RANCIID AVENUE - CONVENIENCE MARKET - CONTINUED FROM NOVEMBER 1, 1993 - DISCUSSED LATER IN THE MEETING - SEE PAGE 33 (41) This is the time and place continued to reconsider an appeal of the Planning Commission's denial of Conditional U.e PeraitNo. 93-01. c. In a memorandum dated December 2, 1993, Deputy City Attorney Empeno stated that on September 20, 1993, the Mayor and Council denied the appeal of the Planning Commission's denial of Conditional Use Permit No. 93-01 which sought to upgrade an Alcoholic Beverage Control (ABC) license to sell liquor at an existing convenience market. The conditional use permit application did not meet the distance requirements in the Development Code which among other conditions, prohibits businesses requiring issuance of an off-site ABC license from 21 12/6/93 - o o c 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 must conform to the Development Code. Thus, the Development Code distance requirements must be amended in order for the subject conditional use permit to be approved. The "fairness" of this rule has been questioned given that just across the street from the subject market is a similar use within another City which is permitted to sell liquor. Staff believes that a Development Code Amendment may be initiated which would allow approval of conditional Use Permit No. 93-01. Such a Development Code Amendment would allow approval of Cond~tional Use Permit No. 93-01, although the site is within 100 feet of residential property, providing that three additional conditions are met: the application is for the expansion of an existing legal nonconforming use; the site is within 100 feet of an existing business with the same use located outside the City; and the applicant submits a written stat..ent of non-opposition to the application for the conditional u.e permit which is signed by all property owners, and tenan~s of parcels, within a radius of 100 feet. - c It was the consensus of the Council that It.. N~. 4Q.apd 41 be continued to later in the meeting. _ ,."".. '"u.:'-_l" -.",'I.f. ' COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:30 a.m., Council Member Pope-Ludlam returned to Council meeting and took her place at the council table.. the ~ .4 PROPOSED CITY FIRE DEPARTMENT EMERGENCY SERVICES - CONTINUED FROM NOVEMBER 1, 1993 ~..., .. .' '. ..... This is the time and place continued t4 con.ider the proposed city Fire Department Emergency Transport 5erVioea. In a letter dated November 22, 1993, Joseph ~a1... ..D., HPA, Director of the State of California Emergency Nedical Services Authority, 1930 9th Street, Suite #100, Sacr..-nto. CA, stated that while the dispute between the City and ctunty of San Bernardino, pertaining to emergency ambulance ser"ice.,:ti!t,pa it. appeal stage, an agreement must be reached ~o-~ure uninterrupted provision of paramedic services. withOut an agreement, individual paramedic certification is in jeopardy. ",,- . '.' .~ ~.~ In a memorandum dated December 2, 1993, Ronal4 SlIipper, Attorney at Law, 323 West Court street, San Bernardino, CA, stated that for the past two and a half years, a dispute has existed between the City and Courtesy Ambulance which both provide paramedic service within the City limits. The dispute c 22 12/6/93 c o c Resolution No. 93-451 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: Council Member Curlin. Absent: None. RECONSIDER - APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 93-01 - 484 SOUTH RANCHO AVENUE - CONVENIENCE MARKET - CONTINUED FROM NOVEMBER 1, 1993 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 21 (41) This is the time and place continued to reconsider an appeal of the Planning Commission's denial of Conditional Use Permit No. 93-01. c city Clerk Rachel Clark read the two recommended motions from the December 2, 1993, memorandum prepared by Deputy City Attorney Empeno. Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, to approve reconsideration ot the matter; and notice a public hearing for Conditional Use Permit No. 91-01, concurrently with the Mayor and Council's hearing on, the Development Code Amendment. __ ,", '",:c, ' The motion carried by the following vote: Ay"'" ;- CllimK:il Members Negrete, CUr 1 in, Hernandez, Oberhelman, Pope'-liudlu. Nays: Council Members Devlin, Miller. Absent: None. RECONSIDER INITIATE DEVELOPMENT CODE AKENDKINT- OFF-SITE ALCOHOLIC BEVERAGE CONTROL (AIC) LIe.... REQUIREMENTS - COUNCIL MEMBER HIRHAlfDEZ - cellTIIIUm FROM NOVEMBER 1, 1993 DISCUSSED EARLIER l1fl '1'H MEETING - SEE PAGE 21 ' (toJ This is the time initiating a Development Alcoholic Beverage Control and Code (ABC) place continued to, reconsider amendment relativ. ~o off-site 1 icen.. requlr_em:..'-' c. City Clerk Rachel Clark explained that the reco_idaat1on of this matter was granted at the Mayor and Council! "1IJ11U,nq ot October 4, 1993. Deputy City Attorney Empeno answered questions r...r41ftv the Development Code requirements for businesses that 1016 AleObolic Beverage Control licenses. .\ ,.!.oJ Council Member Hernandez made a motion, seconded by council Member Pope-LUdlam, to initiate a Development C~e Aaendaent regarding off-site Alcoholic Beverage Control (ABC) license requirements as outlined in a memorandum from Henry ~no, Deputy City Attorney, dated December 2, 1993, with the necessary 33 12/6/93 o o c fees to be paid by the applicant, Mr. Robbin. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Members Devlin, Miller. Absent: None. RECESS MEETING At 2:50 p.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 3:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call wits taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, CUrlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. c RECESS MEETING - CLOSED SESSION (1) At 3: 03 p. m., the Mayor and Common Council and cOllllWlity Development Commission recessed to closed session foct the following: ! - . :_.~r'-':", to confer with the attorney ~eqar4in9~aiDd1n9 litigation pursuant to Govern.ent C04Ie>:'~l6n I1f 54956.9(b)(1), as there is significant ~e to ~ 11 tigation. b. CLOSED SESSION At 3:03 p.m., Mayor Minor called the cloaed ....ion to order in the conference room of the Council Chambers of:Cl~y Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel' Clark vith the following being present: Mayor Minor; Council Mellbers Neqrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. Al.o present: Tim Steinhaus, Agency Administrator, EconOllic Development Agency; Kenneth Henderson, Executive Director, Development Department, Economic Development Aqency;. Till Sal:lo, Sabo & Green, 6320 Canoga Avenue, Suite #400, Woodland Hil18, CA, special counsel to the Economic Development Agency. c 34 12/6/93 . c c c C I T ~O EXHIBIT Z F SAN 8 E R ()A R DIN 0 INTEROFFICE MEMORAND~ TO: Mayor and Councilmembers FROM: Henry Empe~o Jr., Deputy City Attorney December 2, 1993 DATE: RE: December 6, 1993 Council Meeting Agenda Items No. 40 & 41 40. Reconsider Initiation of Development Code Amendment Regarding Off-Site ABC License Requirements 41. Reconsider Appeal of Planning Co..ission's Denial of Conditional Use Permit No. 93-01, Convenience Market at ~84 South Rancho Avenue. This memorandum is in response to issues raised at the October 4, 1993 Council Meeting regarding the above-referenced items 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. The Council denied the CUP primarily because the application did not comply with the distance requirements in the Developmen~ COde at Section 19.06.030(2)(B), which, among other conditions, prohibit. businesses requiring issuance of an off-site ABC license frclll being located within 100 fee~ of any property designated for residential use or used for residential purposes. The subj.c~ marke~ is located next door to an existing single family residence. Although the subject market currently sells beer and wine a. an exi.~ing legal nonconforming use, any expansion of this use, i.e. adding the sale of liquor, must conform to the provisions of ~he Development Code, pursuant to Section 19.62.030(3). Thus the ordinance in ~ Development Code stating these distance requirement. mu.~ be previously or concurrently amended in order for the subject CUP ~o be validly approved by the Council. As pointed out a~ the previous Council meetings, the "fairness" of this rule has been que.~ioned given that just across the street from the subjec~ market i8 a similar use within the City of Colton which i8 permit~ed ~o .e11 liquor. After the October 4, 1993 Council Meeting, our office me~ with the property owner and the applicant of the subject CUP and have also held several meetings with Planning Department staff. We believe a Development Code Amendment may be initiated by the Council which would allow approval of the subject CUP and a~ the same ~ime decrease the risk of a successful legal challenge to the amendment and to the approval of the CUP. Such a Development Code 19.06.030(2)(B) by allowing al though the site is wi thin Amendment would amend Section approval of the CUP application 100 feet of residential property HE/J. [12-6.Mem) LfO/ltl o o c To: Mayor and Councilmembers Re: December 6, 1993 Council Meeting Agenda Items No. 40 & 41 Page 2 providing that three additional conditions are met: 1. The application is for the expansion of an existing legal nonconforming use. 2. The site is within 100 feet of an existing business establishment with the same use which is located outside the City of San Bernardino. 3. The app1ic~nt 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. c 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 similarly situated property would be affected in the same 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 ca.e, the property owner and the applicant, Ali 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 Itgm No. 40: Adopt a motion to initiate a Development Code Amendment regarding off-.ite ABC license requirements as outlined in this memorandua, with the necessary fees to be paid by the applicant (Mr. Robbin offered to pay the Development Code Amendment fee. 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. ~ E~o/ HENRY EMPENO, JR., Deputy City Attorney c cc: James F. Penman, City Attorney Rachel Clark, City Clerk Shauna Clark, City Administrator Al Boughey, Director of Planning & Building Services Ali Yasin & Eddy Robbin HE/Js 112-6.MemJ . o o 1 2 3 4 5 ORDINANCE NO. U ORDJ:NANCE OF THE CJ:TY OF SU BERNARDJ:NO AMBJllDJ:NG CHAPTER 19.06, SECTJ:ON 19.06.030(2)(B), OF THE SU BERNARDJ:NO MUNJ:CJ:PAL CODB (DEVELOPMENT CODE) PERTAJ:NJ:NG TO ALCOHOL BEVERAGE CONTROL "ABC" LJ:CENSES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Development Code Section 19.06.030(2) (B) 6 7 ALCOHOL BEVERAGE CONTROL "ABC" LICENSE, is hereby amended to 8 permit ABC upgrading licenses in existing of legal, nonconforming convenience stores with a current "ABC" license 9 10 11 herein 12 13 14 15 16 17 18 19 20 for beer and wine, in the CN District (see Attachment A, Development Code Pages 11-94 and 95, attached and incorporated which the following reference) and shall by add provision: B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE "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 residential for used for use, or residential purposes, may upgrade to liquor sales subject to of a Conditional approval Use Permit 21 22 23 24 25 26 27 28 provided that the establishment is within 100 feet of a similar use not in the City of San Bernardino." IIII IIII IIII IIII IIII IIII 1 ff/7 / f)/I7/ 71 o o 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 AN ORDXIl'ANCE 01' THE CXTY 01' SAN BERIl'ARDXIl'O AHEIl'DXIl'G CHAPTER 19.06, SECTXOIl' 19.06.030(2) (B), 01' THE SAN BERIl'ARDXIl'O MOIl'XCXPAL CODE (DEVELOPMENT CODE) PERTAXIl'XIl'G TO ALCOHOL BEVERAGE CONTROL "ABC" LXCEIl'SES. 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: ABSTAIN ABSENT AYES NAYS NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1994. Tom Minor, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: 2 o ATrACHMENT "A" co~ DISTRICl'S -19.116 2. Mpl!!;UTPmPnt of Di!;tanC'P. The distance between any 2 adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park or any property design:lted for residential use O~ used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest prope:1y line of the religious institution, school or public park or the property designated for residential use or used for residential purposes. 3. Si~s. All .:m-site signage shall corlorm to Chapter 19.22. 4. Viewin~ Area. a. It is unlawful to maintain, operate or manage or pennit to be maintained, operated or managed any adult arcade in which the viewing JIeaS 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, ?ictuJe, show or film. b. It is u."llawful for more than 1 person at a titr.e to ocxupy any individually partitioned viewing area or booth. c. It is unlawful to aeate, maintain or permit .1) be maintained any holes or other operlngs between any :: booths or in- dividual viewing areas for the pt:rpose of providing view- ing or physical access between the booth or individual view- ing area. d. The opening to the viewing area shall be from the main aisle. B. ALCOHOL 3EVER.AGE CONTROL. ABC'" ~CEN5E A business or establishment requiri.."lg issuance of an II ABC'" license is sub- ject to a Conditional t:se Pen:rlt. and shall mmply with the :allowing standard(s), in addition to CXlnditions imposec by the Commission: Establishments subject to an off-site II ABC'" liCl!IlSe shall not be located within SOO feet e:f any religious instir.Jtion, school, or public ?ark within the Oty; 100 feet of any Plut-ti designated for residential use 01' 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 rev'ewed by the Police De?ar.ment prior to Oty approval noM 7192 . - . o ATI'AClil-lENT "A" CO~OAL D~CTS -19.06 . Establishments containing 15,000 square feet or more which do not sell, alcoholic beverages as the principal business are exempt from the reqUIre- ment for a Conditional Use Permit. MC 851 10-5-92 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 of San Bernardino. . Sit-down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or sec- ondary 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 840 7-7-92 C. AUTOMOBILE SALES Automobile sales dealerships, new and/or used, in the Cty must conform with the intent of this Development Code and shall enhance and promote the image of the Cty. 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 1 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. 4. 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 CLandscaping Standards) 6. All on-site signage shall comply lNith the provisions of Chapter 19.22 !Sign Standards) 7. All loading and unloading of vehicles shall occur on-site and not :"''1. adjoining str\eets or a:!eys. 8. All vehicles associated with the business shall be ?arked or storeC .-n-site imd not in adjoining streets and a:J.eys. U-95 1/94 . - c c c - - o o 1 2 3 4 5 DO ORDINANCE NO. U ORDIRUCB OJ' THB CITY OJ' SU BBlUfARDINO AMBHDING CHAPTBR SBCTION 19.06.030(2)(B), OF THB SU BBlUfARDINO MUNICIPAL BVBLOPMBNT CODB) PBRTAINING TO ALCOHOL BBVBRAGB CONTROL CBNSBS. 6 "ABC" license for beer and YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FOLLOWS: Development Code section 19.06.030(2) (B) 7 ALCOHOL BEVE 8 9 CONTROL "ABC" LICENSE, is hereby amended to permit upgradi g- of nonconforming ABC licenses in existing convenience in the CN District (see Attachment A, 10 Development Code 11 11-94 and 95, attached and incorporated and which shall add the following herein by 12 provision: 13 14 15 16 17 18 LICENSE B. ALCOHOL "An existing co venience store, in a CN district, with a current wine, and feet of property designated for residential use, r used for residential purposes, may upgrade to liquor ales subject to approval of a conditional Use Permit pr vided that the establishment 19 is within 100 feet ar use not in the City of 20 21 22 IIII IIII San Bernardino." 23 24 IIII IIII IIII IIII IIII 25 26 27 28 ~~t~ 1 c - 1 o -- B OF THB CITY OF SAN BBRNARDINO AMENDING CHAPTER 2 1'.06, SECTION 1 .06.030(2) (B), OF THB SAN BBRNARDINO MUNICIPAL 3 4 5 6 7 8 c c COD. (DBVBLOPMlNT ,CODB) PERTAINING TO ALCOHOL BBVBRAGB CONTROL \ , "ABC" LICENSES. , \ I HEREBY CERTIFX \ \ adopted by the Mayor \and \ \ that the foregoing ordinance was duly Common Council of the City of San Bernardino at a meeting thereof, held on the day 'of , 1994, by the following vote, to 9 wit: 10 11 12 13 14 15 !fllS. Council Members: NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN 16 POPE-LUDLAM 17 MILLER 18 19 20 21 22 23 24 25 The foregoing ordinance is hereby day of , 1994. Tom Minor, Mayor city of San Bern Approved as to form and legal content: 26 JAMES F. PENMAN, 27 City Attorney 28 By: 2 ABSTAIN ABSENT \ \ , \ - - -- -- o o EXHIBIT 4 c FINDINGS OF FACT Conditional Use Permit No. 93-01 1. The proposed use is conditionally permitted within the CN, Commercial Neighborhood land use district, and would not impair the integrity and character of the subject zoning district and complies with all of the applicable provisions of the Development Code in that the upgrade of the ABC license to liquor sales meets the requirements of Development Code Section 19.06.0~G(2)(B); 2. The proposed use is consistent with the General Plan in that alcohol sales is permitted in the CN, Commercial Neighborhood land use designation as indicated in paragraph 1 above and' does not cause oversaturation of similar uses in the city of San Bernardino; 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code in that the use is categorically ex..pt from the CEQA (Class 1); 4. There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored as there will be no expansion of the property on the site nor no significant increase in intensity of the use; c 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is 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 as the proposal is to expand the sales of alcohol to include liquor only; 6. The subject site is physically suitable for the type of use being proposed as the liquor sales will utilize an existing facility; and 7. There are adequate provisions already established at the convenience for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. c c c c - - - o o EXHIBIT 5 CONDITIONS OP APPROVAL for Conditional Use Permit No. 93-01 1. Approval of Conditional Use Permit No. 93-01 is contingent upon the Mayor and Common Council's adoption of Development Code Amendment No. 93-15. 2. Conditional Use Permit No. 93-01 shall become effective upon the effective date of Development Code Amendment No. 93-15, which shall be 3'0 days following the final reading of the ordinance. Bffec~ive Date: December 8, 1"4 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 ma~~er. Once notified, the applicant agrees to defend, indemnify, and hold harmless the city, its officers, agents and employ.e. from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimbur.. the City of any costs and attorney's fees which the city aay 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. The review authority may, upon application being filed 30 days prior to the expiration date and for good cau.., 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. 5. This approval shall be used within two (2) year. of the effective date, otherwise it shall become null and void. By use is meant the beginning of substantial utilization contemplated by this approval. Bzpira~ioD Date: December 8, 1'" CITY OF SAN BERNODINO - REQUEST FO COUNCIL ACTION From: Al Boughey, Director Planning & Building Services September 8, 1994 Subject: Development Code Amendment No. 93-15 - To permit the upgrade of ABC license under certain conditions in the CN land use dis- trict, and reconsideration of CUP 93-01 to permit the upgrade to liquor at an existinQ convenience store. MCC Meeting of September 19, 1994 Dee Date: Synopsis of Previous Council action: June 2, 1989 - General Plan adopted May, 1991 - Development Code adopted September, 1993 - Conditional Use Permit No. 93-01, denied December, 1993 _ Planning staff directed to have applicant submit Development Code Amendment application Recommended motion: c That the hearing be closed, that the Mayor and Common Council adopt the Negative Declaration and that the first reading be waived and the ordinance be laid over for final adoption, and approve Conditional Use Permit No. 93-01 based on the Findings of Fact (Exhibit 2) and subject to Conditions of Approval. Contlct penon: A 1 BouQhev, Di rector Supporting dati attached: Staff Reoort, Ordinance Phone: x5357 Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Sourca: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: :001 Notes: 9-/q..q~ ~ '/0 10-3 -9~ A 30 8 ... ... 1'- o . ~ ~ 'If, ~ /Cf Agenda Item NO~~ , ... ... . Q .., .., o o c CITY OF SAR BBRKlRDINO - REQUEST PaR COUNCIL ACTION STAPP REPORT Subject: Development Code Amendment No. 93-15; Conditional Use Permit No. 93-01 - Reconsideration. Mayor and Common Council Meeting of september 19, 1994 IlBQUBST AND LOCATION To amend Development Code Section No. 19.06.030 (2)(B), to permit a legally existing nonconforming convenience store in the CN, Commercial Neighborhood, land use district to be able to upgrade from beer and wine to liquor sales, provided certain conditions are met. This will potentially affect six CN locations in the City. Additionally, the Mayor and Common Council will reconsider the previous denial of Conditional Use Permit (CUP) No. 93-01 which is to upgrade the ABC license to include liquor sales at an existing nonconforming convenience store located at 484 S. Rancho Ave. BACKGROUND c The application for CUP 93-01 was submitted by Mr. Ali Yassin on January 14, 1993, to upgrade the ABC license from off-site sales of beer and wine to liquor at an existing non-conforming convenience store at 484 S. Rancho Ave. CUP 93-01 was denied upon appeal by the Mayor and Common Council on September 9, 1993. At the request of the Mayor and Common Council, the City Attorney's office met with the applicant and based on Mr. Henry Empeno's memo of December 2, 1993 (Exhibit 5), the Mayor and Common Council directed planning staff to advise Mr. Yassin to submit a Development Code Amendment (DCA) application. The application, DCA 93-15, was submitted on December 23, 1993. The Development Review Committee, on May 5, 1994, recommended approval and proposed a Negative Declaration. The project was heard by the Planning Commission on July 5, 1994. PLANNING COIIIIISSION RECOVV1l!RDATION The Planning Commission had considerable discussion on the project with the main concern being that it could open a door to allow uses to develop that are not permitted by the Development Code. Their decision was to recommend denial of the project. The vote was 6-2 (Affaitati, Melendez, Stone, strimple, Trasher, Traver in favor, Cole, Gonzales against, and Romero absent). There were two speakers from the public at the Planning Commission meeting Mr. Ali Yassin, the applicant, who spoke of the lack of crime problems at his location and that it was unfair that the use across the street in the City of Colton could sell liquor and he c o :) c could not. A Mr. CUrley spoke of the dangers of alcohol and that anything to reduce its availability should be considered. DY POIIl'1'S C Development Code section 19.06.030 (2)(B) states that "...a business requiring issuance of an "ABC" license is subject to a Conditional Use Permit...", that an establishment ".. . shall not be located within...100 feet of any property designated for residential purposes..." and "...shall not be located in such close proximity to another similar use to cause oversaturation...". C CUP 93-01 was denied based on the above limitations. C The proposal is to amend the Development Code, Section 19.20.030 (2) (B) as follows; A legally existing, nonconforming, convenience store, possessing an ABC license for the sale of beer and wine, in the CN, Commercial Neighborhood, land use designation may upgrade to the sale of liquor, subject to an ABC license, and subject to approval of a Conditional Use Permit (CUP), even if the site is within 100 feet of residential property, providing that the following conditions are met: c . that the application is for the expansion of an existing legal nonconforming use, . that the site is within 100 feet of an existing business establishment with the same use which is located outside the City of San Bernardino, . and that the applicant submits a written statement of non-opposition to the application for the CUP which is signed by all property owners and tenants in the City of San Bernardino of parcels within a radius of 100 feet as measured from property line to property line (Exhibit 4). C Upon approval of DCA 93-15, CUP 93-01 may be approved based upon the Findings of Fact (Exhibit 2) included with the project. C A statement of non-opposition was submitted by the applicant (Exhibit 4). BBVlROBllDlTAL DBTBRMIJIIA'1'IOII An Initial Study for the Development Code Amendment was prepared on March 28, 1994 (Exhibit 3) and reviewed by the Environmental Review Committee (ERC) on April 7, 1994. The ERC recommended a Negative Declaration and the Initial Study was made available for public c o :> c review and comment from May 26, 1994 to June 9, 1994. Public comments were not received and on June 9, 1994, the project was cleared to the Planning Commission. RBCO-'~TIO.: staff recommends that the Mayor and Common Council: Adopt the Negative Declaration and adopt the ordinance that approves Development Code Amendment No. 93-15 based on the Findings of Fact (Exhibit 1) and approve Conditional Use Permit No. 93-01 based on the Findings of Fact (Exhibit 2) and subject to the conditions of approval (Exhibit 7). Prepared by: John R. Burke, Assistant Planner Prepared for: Al Boughey, AICP, Director Department of Planning and Building Services Exhibit 1: Findings of Fact for DCA 93-15 Exhibit 2: Findings of Fact for CUP 93-01 C Exhibit 3: Initial Study for DCA 93-15 Exhibit 4: Statement of Non-opposition of Property OWners/Tenants Exhibit 5: Henry Empeno Memo dated December 2, 1993 Exhibit 6: Ordinance Exhibit 7: Conditions of Approval for CUP 93-01 c c c c o :> EXHIBIT 1 I'IJI1DIIIGS 01' FACT Development Code Amendment No. 93-15 1. The amendment does not conflict with the General Plan in that the purpose of General Plan Objective 1.26 and General Plan Policy 1.26.10 is to support existinq CN uses so as to serve residential neiqhborhoods. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it would only apply to existinq convenience stores in the CN zone and would only expand the service offered the patrons. o o EXHIBIT 2 c FIRDIBGS-OF FACT Conditional Use Permit No. 93-01 1. The proposed use is conditionally permitted within the CN, COlDDlercial Neiqhborhood land use district, and would not impair the inteqrity and character of the subject zoninq district and complies with all of the applicable provisions of the Development Code in that the upqrade of the ABC license to liquor sales meets the requirements of Development Code Section 19.06.030(2) (B); 2. The proposed use is consistent with the General Plan in that alcohol sales is permitted in the CN, COlDDlercial Neiqhborhood land use desiqnation as indicated in paraqraph 1 above and does not cause a saturation of similar uses in the City of San Bernardino; 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requir_ents of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code in that the use is cateqorically exempt from the CEQA (Class 1); c 4. There will be no potential siqnificant neqative impacts upon environmental quality and natural resources that could not be properly mitiqated and monitored as there will be no expansion of the property on the site nor no siqnificant increase in intensity of the use; 5. The location, size, desiqn, and operatinq characteristics of the proposed use are compatible with the existinq and future land uses wi thin the qeneral area in which the proposed use is located and will not create siqnificant 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 as the proposal is to expand the sales of alcohol to include liquor only; 6. The subject site is physically suitable for the type of use beinq proposed as the liquor sales will utilize an existinq facility; and 7. There are adequate provisions already established at the convenience for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. c o c c o EXHIBIT 3 :> INITIAL STUDY DEVELOPMENT CODE AMENDMENT NO. 93-15 project Description/Location: To permit existing legal nonconforming convenience stores in the CN, Commercial Neighborhood land use district, possessing an off-site ABC license for beer and wine to upgrade to include hard liquor to be within 100 feet of any property designated for residential use or used for residential purposes when three circumstances are met. Date: March 28, 1994 OVIler: Mr. Ali Yasin 22975 orangewood Court Grand Terrace, CA 92324 Applicant: Same Prepared by: John R. Burke Assistant Planner City of San Bernardino Planning and Building Services 300 North "D" Street San Bernardino, CA 92418 o o c INITIAL STUDY POR DBVBLOPMBNT CODE AMENDMENT NO. 93-15 INTRODUCTION This Initial Study is provided by the City of San Bernardino for Development Code Amendment No. 93-15. It contains an evaluation of potential adverse impacts that can occur if the Development Code is changed to permit existing legal nonconforming facilities in the CN, Commercial Neighborhood land use designation, possessing an off-site ABC license for beer and wine to upgrade to include hard liquor to be within 100 feet of any property designated for residential use or used for residential purposes when all of the following circumstances exist: 1. That the legal nonconforming use has an existing ABC license for beer and wine and 2. That the site is within 100 feet of an existing business with the same use located outside the City and c That a written statement of non-opposition to the upgraded ABC license signed by all property owners and tenants of parcels within 100 feet radius from property line is submitted with the Conditional Use Permit application by the applicant. The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 3. The following components constitute the Initial Study for Development Code Amendment No. 93-15: 1. Project Description 2. Site and Area Characteristics 3. Environmental Setting 4. Environmental Impact Checklist 5. Discussion of Environmental Evaluation and Mitigation Measures c 6. Conclusion/Environmental Determination Combined, these components constitute the complete Initial Study. c c c o o 1. PROJBCT DBSCRIPTION Development Code Amendment No. 93-15 is a request to change the text of the Development Code so as to permit the upgrade of an existing facility in the CN, Commercial Neighborhood land use district, possessing an ABC license for beer and wine to include hard liquor to be within 100 feet of any property designated for or used for residential purposes providing the following conditions are met1 1. That the existing legal nonconforming use has an ABC license for beer and wine1 and 2. That the site is within 100 feet of an existing business with the same use located outside the city 1 and 3. That a written statement of non-opposition to the upgraded ABC license signed by all property owners and tenants of parcels within 100 feet radius from property line is submitted with the Conditional Use Permit (CUP) application by the applicant. 2. SITB AND ARBA CBARACTBRISTICS This Development Code Amendment will apply to all properties that are within the San Bernardino City limits, that are within the CN, Commercial Neighborhood land use district, that are a legal nonconforming use, that have an ABC license for off-site sales of beer and wine, that are within 100 feet of a similar use which is outside the City limits and that have the written approval of all property owners and current tenants within 100 feet of the property in question. There are six CN locations that have the potential to meet these criteria. 3 . BIIV7ROlOIBlITAL SBTTING The project is limited to those legal nonconforming uses requesting an upgrade to their ABC license on proPerties that are within 100 feet of the City boundaries. The environmental setting is dependant on the individual location of any future Conditional Use Permit applications meeting the conditions established by this amendment and environmental issues are such that they will be addressed upon such CUP application review. 4 . BllVlROlOIBIITAL IXPACT CBBcnIST See Next Page n o ..... r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT r c ... ENVIRONMENTAL IMPACT CHECKLIST A. BACKGROUND ~ion Number: V/E.vct..(,',',,'J,L.v;- &)~ A,,,~";(;:vne-'''7 Ai/;. ?:1 -IS- Praject OeIc:ription: ~ II9AA~,IW"H /. IJUJZt::r l>,J!rc;!~r~~o../ Lcx:mion: U7'YN'~A! 4t/ nVJ! CN. c"m';'~.;J(CML A1f~~,Nm~hlPP,1J LAN/) u(~ 14f~/Cr EnvirDnme.... c:on.ninl5 "-a: .A/f;,A/ ~ o Gener.I PIIn Dea1Inmlon: eN . ~/h/77b1tO';L. ~/~N4AttHI'~ ZanIng DeaigMIion: r" -.-v: /' _'"#,llltC/A1~ A::6.r#"'''.R~'''b 8., ENVIRONMENTAL...ACTS Expl.in ~"-.o&ra. "'-1ppIllpIiIIe. on a uparIIe IIbched IMeL 1. e.th n,nufall Wilthe prapllIal raIUIIln: .. &rlh movement (CUI andIor flI) 0110,000 c:ubic yanIa or _? b, o.u.Iop........ andIor grading on allape 1I1N1er lhan 15% ,..,., grade? c. Dewolapmenl wiIIWIthe AIcIl*-PrillID SpecIaJ Stud.. Zone _.... In SeclIIan 12.0. ~1I1c & SelImIc, Flgllnl ~7. 01 the ClIy'I QenegJ PlIn? d. MDdlic:alion 01 any unique g.alDgic or p/lyIicIJ ......? eo Da\..1apmant wIlhIn _ cIalinad for high paIInliIJ for WlIIIr or wind IIllIion _Idellllleclln SeclIIan 12.0 . ~ & Slllmlc, FigllnI53. 01 the ClIy'a QenegJ PIIn? f. MDdIic:aIion aI a channel. CI'IIk or n-? v_ No Maybe )( >< x.. >( )( X =.c-- I'UN-Ut _'fW_ ('1-101 o o (") 0 r' ""'I b. Develapment of new or uplInsion of existing industrial, Ves No Maybe C oomrnelClm or Olher .... which generllle noilelevels on _ oonl8ln1ng housing, schools, he8llh care fdhies or Olher ..1llIlI1ve .... Ibcwe .., Ldn of 65 dB(A) exterior or .., Ldn of 45 dB(A) Interior? )( c. Other? .. lAnd U8e: WID the proposal reluh in: L A chIII1ge in the IIII1d UI8 u design.aed on the General Plan? X b. Develapment within .. Airpoll DistricI. ldentlied In the AilI"'~ Con.,..dlbl6 u.. Zone (AICUZ) Report III1d the Land u.. Zoning Distrlct Map? )( c. Dewlapmenl within FoothIU Fire Z- A & B, or C. ldeutified on the Land u.. ZllnIng Dillrict Map? ( d. Other? 7. 11M .... HaDrd8: WI. the pIlIjecI: L u.., 1Iore. transpCIII or dispoM of hazMIoua or tDxIc ~ (inducing but not Imbd to of~ pesIlcIdes, chemiclls or 1IIdlmIon)? X b. IrMllw the releae of hazMIoua ~? X c. Expoee people to the poIen1le1 hnIIhI-'lIIy hazarda? X C d. Other? L HoueIng: WII the pnlIICIMI: L nen- uleIlng housing or a.-. demand tor addltlonel housing? )( b. Other? .. T.. ep a Il6./lI CIroo'IM'-l: Could the pIIIpClUI,ln -.parleon with the Cln:uIaIIon Plan . ldetllllled In SecIion 6.0 - CIn:uIeIion of the ClIy'a General PIen. .....In: L An Iller I wr In tndIlc thalli greaIer then the IIII1d UI8 cIeIlgneIed on the General PIen? Y b. u.. of exIRng. or demand tor _. parking faclIlIieMIruclu,..? )( c. lmpact upon uiIIIng publcfranlpollalion ayatema? )( d. Ahrallon of pr.-. pliler,,, of cIlallIIIon? X e. Impact to rd or air tndIlc? X f. h:l'llnd .-..y IIIZaIda to vehlcIa. bI..,.oIisb. or pedeItriane? )(" C g. A diljoillled pallem of Ill8IIway 11ftlllO"lMIlIa? )( h. SlgnIicMt lIa..e In tndIlc WIIuIMa on the IlIIIIIwaya or inIIIr..:Ilol.? X. L Other? ... -oOll Illi& I: __ ~_'OF_ (11-l1li m,&- ___'llF "MIlI c c - n o c .. 111.&- """I 14. IIIndaIary Flndlnp of Slgnlllcance (Sec:Iilln 15065) The ClIIIomIa EnvIronllMllllal QuaI\y /1d. Ilales that K any of the following can be en_red yes or maybe, the praj8c:l may haw a aignKicanl eIIecl on the environment and en Environrnentallmpacl RIporlIhall be praparad. Ves No Maybe L Does the praj8c:l haw the poIanllallll dagradelha qually 01 the environment, subalanllaly reducalha hablI8l oIa fish or wid. species, _ a fish or wldl. pop........lD dnlp below sail ..ainlng Iavals, 1IvaII8n Ill....... a pIanl or aninal oommunlly, reducathe IMllbar or NSlrIct the range oIa rant or ~ pIanI or animal or allmlnaIa important __ or the majDr parioclI 01 CaIIomia hlstllry orplalllslolt? b. Does the praj8c:l haw the pcUnIlaIllI achiavlI8horl- term, III the llIs.~ oIlollg-t8Im, "".Oldll8lUl goaIa? (A 8horl-tarm Impel 011 the .n.L...nnanlls - which _In a ~ 1IrIII, .....'tIN periad 01 lima willa long-term Impcls wlI endIn wi Inlo the fulIn.) )( x Co Does the projacl haw In... which _1ndIvIduaIy ImlIad, buI ClUIIlI........,. OIl IlIIrrlbla? (A projacl may Impel 011 two or -lili8/iii8 _ "'-the Impel 011 each _Is NlaIIvaIy amaI. buI"'- the afl8Cl 01 the lolaI oIlhoaa ..... 011 the arr.Lllon1l8lll1s 1ignIlcanL) 'X d. Does the projacl haw 8lMaiomanlal "eels which wi. _ ,'atl iIlIIIad-. aIIects 011 human beings, ...... chclIy or .~ )l C. DIICC I liON OF 1tMROI--TAL EYALUA110N AND 1ITIGA11ON -"!JURIS (Allach ...... - n I C J') ~ ~Ae..N~i) .$ars ,.... _IOF_ 111-<<11 o o c 5. DISCUSSIOII 01' BlIVlROlDIBlfTAL BVALUATIOII AIfD KITIGATIOII KBASURBS 1. Barth R.sourc.sl a-f. The amendment is dependent on property locations having prior development therefore these Earth Resource issues do not apply. g. One of the six areas designated CN, Commercial Neighborhood, that could potentially meet the intent of this amendment is located within an area identified as having a high potential for liquefaction as identified in the General Plan, section 12.0 Geologic and Seismic, Figure 48, page 12-9. A requirement to meet the intent of this amendment is prior development therefore its location is of little consequence as the only change to the development would be to upgrade the existing sale of alcoholic beverages to include the sale of liquor. 2 . Air R..ourO..1 c a-c. The Development Code Amendment is a text amendment and will not impact air emissions nor create odors. Some of the areas potentially impacted are within the high wind zone but as stated in paragraph 1.g, above, the change permitted by the amendment does not include any new development, and therefore will not affect Air Resources. 3. Wat.r R.souro..1 a-e. Since all potential sites are developed, they already contain impermeable surfaces. None of the potential areas are within a flood plain hazard area as determined by the Federal Emergency Management Agency. .. . Bl0109loal R..ouro..1 d. None of the areas potentially impacted by the amendment are within the boundaries of the 810lO9ical Resources Management OVerlay, as identified in Section 10.0 - Natural Resources, Figure 41, of the City'S General Plan. This amendment will not affect any unique, rare, or endangered species of plants or animals as the amendment only affects existing developed sites. Trees will not be impacted as the amendment can only affect developed properties. 1101..1 a. b,c. 5. c a,b. The amendment only involves existing uses by upgrading the sale of alcoholic beverages which does not impact noise levels. c c c 0, o 6. Land US.I a. The proposed project will not change the eN, Commercial Neighborhood, land use designation as only permitted uses are affected. 7 . Han-bd. Ba.ardsl a-c. The amendment allows for a change to the permitted uses by permitting the sale of liquor under certain conditions. This change does not affect the use, storage, transporting or disposal of hazardous, toxic and waste materials. 8. BousiDgl a. The project is a change in permitted use only. The potential for removal of existing housing or the creation of a demand for new housing does not exist. t. TransportatioD/CirculatioDI a-h. The amendment will not affect existing traffic or traffic patterns as the change is in the permitted uses only. 10. Public s.rvic.sl a-f. The project will not have an impact on any public service as the amendment is for a change to permitted uses only. Utiliti.sl a. The project will not have a impact on any public utility, nor will create the need for new facilities as the amendment is to change permitted uses only. 12 . ".sth.ticsl 11. a-b. The project is to change the Development Code text only. The use permitted by the amendment has no impact on aesthetics. 13. CUltural a.sourc.sl a-b. The project affects permitted uses at developed sites only, therefore, the Urban Archaeological District as identified in the General Plan, Section 3.0, Historical, Figure 8, is not affected. o o ~ ..... D. DETERMlNAnON C On the ~ of this inllial study, D The pIllpOI8d projIct COULD NOT haw . signllicant e1fec:t on the environment and . NEGATIVE DECLARA- TION wUl bII ,nparecI. O The pnlIIllMd projIct could haw . aignllicant efIec1 on the envirllnment, although there wi. not bII. aignlicant efIec1 in this _ "-.... the mlligation _ur.. dncrlblId above have bllen added to the projec:L A NEGATIVE DECLARATION wi. bII pI8pafeCl. O The pftlIIOIICI projIct MAY have . aignlicant effacl on the environment, and an ENVRONMENTAlIMPACT REPORT Is required. ENVIRONMENTAl REVIEW COMMITTEE CITY OF SAN BERNARDINO, CAlFORNIA Pe;J,j(A PfrL- fLMjN~ Name and TlIIe !J1JJJi,(J Rm-- SignaIuN 0..: ~ 1. ,'1'1-1' I c c IIl.& - ... ___ 0'_ ".. i .... 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'r'CQ\. q24/D .. _______._._..____0_.... _.' __..... ... ... ____ ~;'^-"~\1 4'n.~...-..--.__._' ~l~_... {~\.~:~-. ..' ~ ._-:~. .--.-= 2--''''''--' ... ..-.- d .,,:-.-/eo~...___ A.H. 0f)ltn l?,urre- -c ----'-- (c PETITI&N FOERBLiQuOR ~SCENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, Califomia 92410 To be submitted to public hearing on May 18, 1993 NAME ADDRESS TELEPHONE SIGNATURE (9CPi) (el/Zt? Sl (-$9.3$ 1 I. I _ - jl1{" S O~V'.SClI' c;. ~I ~ , C'4/''''''' ,. g,p/- $r-6 .. "S 6 7 8 8 10 11 12 13 rrJA/1 p.,!2 e/ ~ ?-l J. 2 "v C. Ht sTAN! is . . PETITIO~OR LIQUOR L()CENCE p , ~ ~C For Quick Stop 484 So Rancho Avenue San Bernardinio, California 92410 To be submitted to public hearing onMay 18,1993 NAME ADDRESS TELEPHONE SIGNATURE 1 -..... - - .. oJ. , 10 11 12 13 15 t\ (c .. ~ PETITIbN' FOR LIQUOR QISCENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, Califomia 92410 To be submitted to public hearing on May 18, 1993 NAME ADDRESS TELEPHONE SIGNATURE 1 "clr ;4ue:#-r:> BeG -!&Qo8 2 ~-L.''''~ .-H13 ~,...."t. ~~~ Vg''; - "q 0 fo ~ 3 1M ck ,4.Ie.. ~?I, . I t?? 17,;lx. &~-'F1+ S>& '!li ~ 6 ~~ ~1E1~ 12- 1/ d.k.,tf,P iff-c.f . 7 ~17). -# i)~ ~ 'i/'~3;;J.. 8 Q.oSQCJa.f", Ic.:r CS~ ~~9~/7<{ 8 .3J;-O.J/'iJI E}lb~.J 10 11 12 'I-~"z.tf) S~ 13 86~ --:J$~/ 1f!!:4 J. ,e ~./,I(/ c PETITIO~OR LIQUOR L~CENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, Califomia 92410 - To be submitted to public hearing on May 18,1993 NAME ADDRESS TELEPHONE SIGNATURE (c I 2 1 tl_ 3 " 1 7 8 . 13 11 .' PETITIb FOR LIQUOR ~SCENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, Califomia 92410 ~ To be submitted to public hearing on May 18.1993 NAME ADDRESS TELEPHONE SIGNATURE 1 i-<cu-}'J l.Cf ~--,qo3 3 .. 5 7 8 8 10 11 12 13 -a - ~C .. PETITIO~OR LIQUOR LClcENCE For Quick Stop 484 S. RanchO Avenue San Bernardinio, California 92410 To be submitted to public hearing on May 18, 1993 ADDRESS TELEPHONE SIGNATURE NAME 1 2 3 . I (~ 7 8 , 10 11 12 13 ~ . ~ 15 ~ Ue. r:-c PETITI~ FOR LIQUOR'&SCENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, California 92410 To be submitted to public hearing on May 18,1993 NAME ADDRESS TELEPHONE SIGNATURE ( 1 2 3 4 7 8 9 10 11 12 13 8Kli~lfJfll 1ft a~~.JJ ,... -c PETITIO~OR LIQUOR L()CENCE For Quick Stop 484 S. Rancho Avenue San Bernardinio, California 92410 , To be submitted to public hearing on May 18. 1993 NAME ADDRESS TELEPHONE SIGNATURE Cc 2 3~~. J~2J . 1 3 SoJ#! J.~ - 4 5 7 i;;- 3~- f t,., .?.z ~ y () ~...y-r~ , 10 11 12 . PETITI<:b- FOR LIQUOR 6SCENCE r_C For Quick Stop 484 S. Rancho Avenue San Bernardinio, California 92410 To be submitted to public hearing on May 18,1993 NAME ADDRESS TELEPHONE SIGNATURE 1 1 2 . (\'1~11 .s~ I sJ 6 IJ~ 3 , 1. 50 t..V e 5 6 '..( 1.:z.-"lt. 7 8 .1'!'1.. Ao(7_ . 10 11 12 13 15 (J A-u.. '- L . .". PETITI(Q FOR LIQUOR bCENCE For Quick Slop 484 S. Rancho Avenue San Bemardinio. Califomia 92410 roc To be submitted to public hearing on May 18.1993 NAME ADDRESS TELEPHONE SIGNATURE 5 ~7-G. f 2 3 . 6 . ~ l' i r: . I _: -It' "i"7 r;...r tv <..'?~ 2. (1')5- 2 i::> L. . ~ . ;..... "_.J '"" 7 , ,....., I? ..' ,'..... ,,:. ;7 '-;(:~ .2..3 8 t 10 11 12 13 1. 15 NAME 1 2' 3 70 . 5 (C 7 8 " 10 11 12 13 . 15 -- .C .- PETITIO~OR LIQUOR L~CENCE For Quick Stop 484 S, Rancho Avenue San Bemardinio, Califomia 92410 To be submitted to public hearing on May 18, 1993 ADDRESS TELEPHONE SIGNATURE r o PETITIcQ FOR LIQUOR ~CENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, California 92410 To be submitted to public hearing on May 18,1993 NAME 1 fl. 2 3 . I \. ,- ADDRESS TELEPHONE SIGNATURE 7 8 I 13 Cc PETITIO~FOR LIQUOR &CENCE For Quick Stop 484 S. RanchO Avenue San Bemardinio, California 92410 . , To be submitted to public hearing on May 18, 1993 NAME ADDRESS TELEPHONE SIGNATURE 1 2 3 4 I I 7 8 . "Z.. 't. LU CJ...a4.....t. ~S-~'3cc.\ 10 11 12 13 14 L{'l:I~1 ~. , 11 ~ 'Ve.. ! rc .'~ G PETITI<C)l FOR LIQUOR C"jSCENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, Califomia 92410 To be submitted to public hearing on May 18, 1993 NAME ADDRESS TELEPHONE SIGNATURE 7 8 I 10 11 12 13 , I I .14 I I I I 11 I I 1 2 3 4 ~a..c9- ~ ~ . 8KfI.--lIJfil 4 ~rr:JJ . . PETITIcO FOR LIQUOR bSCENCE For Quick Stop 484 S. Rancho Avenue San Bemardinio, California 92410 ". 'c To be submitted to public hearing on May 18,1993 NAME ADDRESS TELEPHONE SIGNATURE . 1 2 3~?r J~2J 3 SoJtII J.'5+ - .. 5 7 f;;. t.., .,?.z;:l..... y 3~ - Je; ~ ~-YrrJ' 9 10 11 12 13 . 15 , - r C - PETITI~ FOR LIQUOR ~SCENCE For Quick Stop 484 S. Rancho Avenue San Bernardinio, California 92410 To be submitted to public hearing on May 18,1993 NAME ADDRESS TELEPHONE SIGNATURE 1 2 . ,V\.\I 'si. j::/ r3 1.I!k 3 I ( 6 1.f1..-z.-lf7t. 7 8 . ..., ~;v./ '.0 ~ ..-- 9 10 11 12 13 / I 14 11 (JAu..,-'- . r C r C6 ( 1. . PETITI~ FOR LIQUOR~ISCENCE For Quick Stop 484 S. Rancho Avenue San Bernardinio. California 92410 To be submitted to public hearing on May 18,1993 f NAME ADDRESS TELEPHONE 2 3 5 1-7-6- , . "'\.- ll. J ..'? it:' . i '7 r;; ~,. r"" <.' , :', <;)<;-:' ::)L. . " ..... .__J .. , 1(. 7 3 ~ :7 '-/,-: 2-.3 ," ""7 ,....,i ~~ '. 8 t 10 11 12 13 15 , cc <c I I Ie?\- I~ I i . , , I . . C I T Y EXHIBIT 5 F SAN B ERN OR INTEROFFICE MEMORANDUM ~.- 1- , . ':.e .,' ."'t"" ~. DIN 0 TO: " . r::-;""~';': :,"~:'.':...\'~ ~_'" l..IT. ~.' ('It. ...~:7 c.flt, '... -. ',_ Mayor and Councilmembers ,. .... -.. .....J:::1 ., ,.,~C Henry Empetio Jr., Deputy City Attorney""":' - 3 l'! 8; 02 FROM: DATE: December 2, 1993 Dec_ber 6, 1993 Council Meeting Agenda It_s No. 40 (, 41 40. Reconsider Initiation of Development Code Amendment Regarding Off-Site ABC License Requireaents 41. Reconsider Appeal of Planning Commission's Denial of Conditional Use Permit No. 93-01, Convenience Market at 484 South Rancho Avenue. RE: This memorandum' is in response to issues raised at the October 4, 1993 Council Meeting regarding the above-referenced items 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. The 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)(B),which, among other' conditions, p~bits businesses requiring issuance of an off-site ABC license frail being located within 100 feet of any property designated for residential use or used for residential purposes. The subject market i. 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 ataff. Ife believe 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 amendment and to .the approval of the CUP. Such a Development Code 19.06.030(2)(B) by allowing al though the site is wi thin Amendment would amend Section approval of the CUP application 100 feet of residential property Kl/j..112-6."--1 C;-/'1-o/~ ~ Iff) II) - 3 -7'1 .ft;;.... 3 0 / ~ ;3-t1 /9 . . , To: Re: e Page ~ ~ ~ ... J. o o Mayor and Councilmembers December 6, 1993 Council Meeting Agenda %1:-. No. 40 5 41 2 providing that three additional conditions are met: 1. The application is for the expansion of an existing legal nonconforming use. 2. The site is within 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 ateas of the City but would not be -spot zoning- because other similarly situated property would be affected in the same 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, Ali.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, wi tb 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. ~ E~~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 Ali Yasin , Eddy Robbin BE/Ja 112-6."--) " 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 c c o o ORDINANCE NO. U OIlDZIlAlTCB 01' TBB CZTY 01' SU BBRRARDZHO AMBHDZHG CRAPTBR 1'.01, SBCTZOB 1'.01.030(2) (B), 01' TBB SU BBRRARDZHO XUBZCZPAL CODB (DBVBLOPJIBft CODB) PBRTAZHZHG TO ALCOHOL BBVBRAGB CONTROL "ABC" LZCBBSBS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SBCTZOH 1. Development Code Section 19.06.030(2) (B) ALCOHOL BEVERAGE CONTROL "ABC' LICENSE, is hereby amended to permit upqradinq of ABC licenses in existinq, nonconforminq convenience stores in the CN District (see Attachment A, Development Code paqe 1I-95, attached and incorporated herein by reference): "B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE An establishment wishinq to upqrade to liquor sales that is a leqal, nonconforminq 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 .d. - o o 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 U ORDIBUCB 01' TBB CITY 01' SU BBlUIARDINO aMENDING CDPTBR 1'.01, SBCTION 1'.01.030(2) (B), 01' TBB SU BBlUIARDINO MUNICIPAL CODB (D.vBLOPIID1'1' CODB) HRTAINING TO ALCOHOL BBVBRAGB COIl'1'llOL "uc" LICBNSBS. 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 , 1994, by the following vote, to day of wit: Council Members: ~ ~ ABSTAIN ABSENT NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1994. Approved as to form and legal content: JAMES P. PENMAN, city Attorney Tom Minor, Mayor City of San Bernardino By: 2 . , . c c c 3. -1 - o o EXHIBIT 7 COJilDJ:TJ:OIIS OJ' APPROVAL for Conditional Use Permit No. 93-01 1. The effective for this Conditional Use Permit is lIovember 3, 1"., which is the effective date of the Ordinance approvinq DCA 93-15. 2. In the event that this approval is leqally challenqed, the city will prOlllptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant aqrees to defend, indemnify, and hold harmless the City, its officers, aqents and employees from any claim, action, or proceedinq aqainst the City of San Bernardino. The applicant further aqrees 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 obliqation under this condition. The review authority may, upon application beinq filed 30 days prior to the expiration date and for qood cause, qrant 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 beqinninq of substantial utilization contemplated by this approval. BzpiratioD Datel lIov.-ber 3, 1'"