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Home My WebLink About48-Planning and Building CITY bF SAN BERN~DINO - REQUEST Fa COUNCIL ACTION From: Larry E. Reed, Director '<C'[1.-f.~y:,;L :stibject: '" .-- - ~ Pl anni ng and Buil di ng Servit:e~..;:; i'I, ". \: >., \-..". Appeal of Planning Commission's Denial of Conditional Use Permit No. 90-39 Dept: Date: April 15, 1991 Mayor and Common Council Meeting of May 6, 1991, 2:00 p.m. Synopsis of Previous Council action: On March 19, 1991, the Planning Commission, by a 8 to 0 vote, denied Conditional Use Permit No. 90-39 No previous Council actions. Recommended motion: That the hearing be closed; that the appeal be denied; and, that Conditional Use Permit No. 90-39 be denied subject to the Findings of Fact contained in Exhibit "D". (Supports staff's recommendation and Planning Commission's action of denial). OR That the hearing be closed; that the appeal be upheld; that Conditional Use Permit No. 90-39 be approved in concept; and, that the matter be continued until May 20, 1991 for staff preparation of Findings of Fact and Conditions of Approval. (Supports apeallant's request). r:-~ Reed Signature Di rector Supporting data attached: Staff Report Ward: 384-5357 2 Contact person: Larry E. Reed Phone: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: 75-0262 Agenda Item No J/1 CITY-OF SAN BERNACbINO - REQUEST FcC COUNCIL ACTION STAFF REPORT Subject: Appeal of Planning Commission's Denial of Conditional Use Permit No. 90-39 Mayor and Common Council Meeting of May 6, 1991 REOUEST The applicant is appealing the denial of Conditional Use Permit No. 90-39 by the Planning Commission. The applicant requests that the Mayor and Common council reconsider the matter and approve Conditional Use Permit No. 90-75. BACKGROUND Conditional Use Permit No. 90-39 is a request to allow the sale of beer and wine for off site consumption from a neigh- borhood market (J & G Produce) located at 1301 North "E" Street. This request was denied by the Planning commission on March 19, 1991 by a 8 to 0 vote. This proposal is categorically exempt the California Environmental Quality section 15301 (A), Class 1 exemption. The conclusions of the March 19, 1991 staff report to the Planning commission (Exhibit "D") were: 1) the location of the market is in a high crime area: 2) there is a heavy saturation of existing alcohol outlets: and 3) there is strong opposition from most of the neighboring residents. from the provisions of act (CEQA) pursuant to OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and council may deny the appeal and deny Condi- tional Use Permit No. 90-39, or uphold the appeal and approve Conditional Use Permit No. 90-39 in concept and refer it back to staff for preparation of Findings of Fact and Conditions of Approval. RECOMMENDATION Staff recommendation was for denial and the Planning Commis- sion concurred by an 8 to 0 vote. Prepared by: John Montgomery, AICP Principal Planner for Larry E. Reed, Director Planning and Building services 75.0264 . ~ppea1 of conditioQ Use Permit Mayor and Common council Meeting May 6, 1991 Page 2 No. 90-39 of o Exhibits: A - Letter of Appeal and Support to the Mayor and Council B - Statement of Official Planning commission's Action c - Public Hearing Notice D - March 19, 1991 Planning Commission Staff Report SRCUP90-39 . . o o City Clerk '\'i ^. -tP; RECEI'J~f\..r.' , . '.- ~PR -3 ~\ :32 '9\ Rac:hel Krasney 300 N. D. Street San Bernardino, CA 92418 RE: Conditional Use Permit No: 90-39, Planning Commission Agenda #10 Marc:h 19, 1991 Dear Ms. Krasney: We are writing this letter c:onc:erning our desire to appeal the dec:ision of the planning c:ommission on Marc:h 19, 1991 denying c:onditional use permit No. 90-39, for sale of wine and beer at a c:onvenienc:e market on 13th and E. Street. Enc:losed is our fee of $106~. We are appealing this dec:ision on the grounds that we do not believe the c:ommision was aware of the fac:t that our tenant will be abiding by all the spec:ified rec:ommendations of the Polic:e department whic:h were attac:hed as bac:k up to the findings of the Planning department. As spec:ified they are as follows: 1. No single c:ans and/or bottles of beer to be sold. 2. No sales of wine in less than 750 milliliter c:ontainers. 3. No game mac:hines, video, or otherwise. 4. No sales of ic:e in less than seven pound bags at or above prevailing pric:es. 5. posting of signs prohibiting littering and loitering, and management enforc:ing this. 6. No alc:oholic: beverages shall be c:onsumed on the property under the r:\\ ~ . , l 1.(\ ,-,...I r;: ~...., ...r, ,r:; ,:- I? D \;' L: \."} L.. ...: .... M~ \" L: i l:: LSl '.: -, J.. " { ^ . U ~ .(~"". !j:t ~ EXHIBIT "A" L f;:~':. _~~,::.:~"~ ~.~i'_>: ~ ~;-- ~.:/? & o o control of the licensee. 7. Exterior lighting will be sufficient and properly maintained to illuminate all areas of the exterior of the building and property for easy detection of suspicious and criminal activities. 8. No public telephone booths shall be located on the premises. Additionally, our tenant under our supervision will be retaining for hire a security guard to be located on the premises during all hours recommended by the San Bernardino Police Department. Furthermore, our tenant will not be selling any liquor after the hour of 10:00 p.m. We would very much appreciate the opportunity to present these recommendations to the Mayor and Council for their decision. Your assistance in scheduling this appeal is most appreciated. Sincerely, ~n{m~ cc: Yasir Shawkat Barb, tenant :-. '.;~\J Il../,,/ .. .. ,......c;. I I ;r..---/ .:2,,2 7t?7 S'!?,lj J J4e./"v7d AVe. Pc12I<IS / (! /? - 7':< S 70 ;John seffteris ,Qwn~ . /tJl-11 t.C-- ~ltl-e i t-(.. 0~~i~'''-' ~/t~~ Gloria Mantzoros, Owner i!/t7,e/,# 41#-UT2.e1,R.t?S I-r:'t. E, ;//l/MlrZ/1 ute. S.4.v ~E.e..U/1,e7)I,()(), ell . y;?~c?~ (?/-f) ?8';:?- t?~&t> o 0 EDW ARD HOLLAND HOROWITZ Attorney at Lnw 3837 Tenth Street Riverside. California 92501 (714) 369-3262 .-The price of Iiherty 1:-> ('lema I vigilance." March 26, 1991 RECElvcrJ..('1'f Y CLEf:/<' '97 APR -3 p~ '1'.~'r> fp~ CITY CLERK RACHEL KRASNEY 300 N. "D" STREET SAN BERNARDINO, CA 92418 RE: Conditional Use Permit No. 90-39, Planning Comnission Agenda No. 10 Dear Ms. Krasney, This letter is in addition to the letter and appeal sent to you by the owners of the subject property, Mr. and Mrs. Mantzoras and Mr. Selberis. Yasir Harb and Taiseer Harb join in that appeal, and specifically accept, concur and ratify the pertinent facts set forth in said letter and appeal, no. 's 1 through 8, inclusive. This letter shall serve as a formal notice of appeal to the City Council of the denial of the above-referenced Conditional Use Permit, and by incorporation of the additional facts set forth in the owners' appeal, which the undersigned agree and concur with. Thank you for your anticipated cooperation in seeing that this matter is calendered for a hearing before the City Council. Sincerely, \ r2 / )~IR'~ ) -r,;-iXfPM UL) SEER HARE . Esq. roJ ffi ~.~ ~ IU'I \V7 ~ [ill'" UlJ '" .'1 ll-. w '" . I AP'R 0'4 1991 U .....IT\ u,: $~N aEANAiWiNO DEPAP,Tr...~E~:T OF i"i..ANN1NG & B;..lILD!NG SL::;\/iC~S o o city of San Bernardino. STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 90-39 Applicant: Yasir Shawkat Harb Owner: John and Georgia Selberis Meeting Date: March 19, 1991 x Denied Request Based Upon the Findings of Fact (Attachment B). Attached VOTE Ayes: Clemensen, Corona, Jordan, Lindseth, Lopez, Sharp, stone, Valles None None Cole Nays: Abstain: Absent: I, hereby, accurately commission certify that this statement of reflects the final determination the city of San Bernardino. Official Action of the Planning r~' Larrv E. Reed. Director of Plannina & Buildina Services Name and Title cc: Project property Owner project Applicant Building Division Engineering Division Case File PCAGENDA: PCACTION EXHIBIT "B" W en < CJ I- en W ~ " W II: - < W II: < CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY CONDITIONAL USE PERMIT NO. 90-39 AGENDA ITEM HEARING DATE WARD 10 3-19-91 2 APPLICANT: Vas i r Shawkat Harb 22707 San Jacinto Avenue Perris, CA 92370 OWNER: John & Geor9ia Selberis George & Gloria Mantzaros 146 East Palmera The applicant requests approval of a conditional use permit under authority of Code Section 19.83.500 to allow the sale of beer and wine for off-site consumption from a neighborhood market located within an existing produce market building. The subject site is a .54 acre parcel located at the northeast corner of "E" and 13th Streets. and further described as 1301 North "E" Street. PROPERTY Subject North South East West EXISTING LAND lJSE Commercial Produce ~~rket Vacant Commercial Offices Single Family Residence Multi-Family Dwellings ZONING CG-2 CG-2 CG-2 CG-2 CG-2 GENERAL PLAN DESIGNATION Commercial General Commercial General Commercial General Commercial General Commercial General GEOLOGIC I SEISMIC DYES FLOOD HAZARD 0 YES o ZONE A ( SEWERS: III YES ) HAZARD ZONE: n NO ZONE: JaI NO o ZONE B ONO HIGH FIRE 0 YES AIRPORT NOISE! 0 YES REDEVELOPMENT DYES HAZARD ZONE: KJ CRASH ZONE: PROJECT AREA: NO III NO Uptown RDA o NO ..I o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL ~ APPUCABLE EFFECTS WITH 8 MmGATlNG MEASURES 0 zen NOE.I.R. < CONDITIONS WCJ u.C1 =:!z fi EXEMPT o HR. REQUIRED BUT NO u.z III DENIAL z- SIGNIFICANT EFFECTS <w OCl WITH MITIGATING til 11:1 MEASURES 0 CONTINUANCE TO -II. > o NO SIGNIFICANT o SIGNIACANT EFFECTS 0 z fd W EFFECTS SEE ATTACHED E.R.C. MINUTES II: cnvCIF_~ P1.AN-1.D2 PAGE 1 OF 1 (.-IO) C8ftM1.~.1MGU ATTACHMENT B CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP NO. 90-39 10 3-19-91 9 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE CONDITIONAL USE PERMIT FINDINGS (SECTION 19.78.050 SBMC) 1. The proposed use does conform to the objectives of the City'S General Plan in that the sale of beer and wine for off-site consumption is permitted in the CG-2 land use designation with a Conditional Use Permit. 2. The proposed use will adversely affect the adjoin- ing land uses and the growth and development of the area in which it is to be located in that the use is not compatible with nearby single family and apartment complexes and that the area already has an over concentration of alcohol sales outlets as well as a high crime rate. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare in that the site is already developed with an existing commercial structure and yard improvements that will be upgraded to meet and exceed code parking and landscaping requirements under the proposed revised site plans. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and high- ways designed and improved to carry the traffic in the area, and that adequate parking is provided under the proposed revised site plans. 5. The granting of the Conditional Use Permit under the conditions imposed will be detrimental to the peace, health and safety and general welfare of the citizens of the City of San Bernardino in that there exists a high concentration of similar alcohol sales outlets within the near vicinity of the subject site and that the proposed location directly abuts 2 single family residences and is in close proximity to several other apartment complexes. ~~~ ... PL,M.I.OI PAGE lOF 1 ("-10) - L - . . o o OFFICIAL NOTICE OF PUBLIC HEARING BEFORE'THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF The Denial of Conditional Use Permlt No. 90-39 THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL BY ADD 1i cant SUBJECT: CONDITIONAL USE PERMIT NO. 90-39 WARD .- 2 PROPERTY LOCATION : 1301 North "E" Street (J & G Produce Market) . PROPOSAL: To establish a beer and wine outlet in an existing market. PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 30D NORTH "0" ST~ I SAN BERNARDINO, CA. 92418 HEARING DATE AND TIME; Monday, May 6, 1991, 2:00 p.m. A DETAILED DESC:ltIPTlON OF THE PItOPOSAL IS ON "LE IN THE Pl.ANNING DEPARTMENT Ia CITY HALL. ... YOU WOULD LIICE I'URTHER IN~ION AlI0UT TIIS I'ROPOSAL PRIOR TO THE PUBLIC HEARIN;, PLEASE CONTACT THE PLANNINla DEPARTMENT IN ~SON OR In' PHONI. (714) 384-5057. . \. THANK YOU. I.,......, EXHIBIT "C" . 0 "0 ~ "'II CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 10 SUMMARY HEARING DATE 3-19-91 WARD 2 ... "I"""", rAPPLICANT: Yasir Shawkat Harb W 22707 San Jacinto Avenue tJ) Perris, CA 92370 < CONDITIONAL USE PERMIT NO. 90-39 OWNER: John & Georgia Selberis (.) George & Gloria Mantzaros "-" .... 146 East Palmera n r I- The applicant requests approval of a conditional use permit under authority ffi of Code Section 19.83.500 to allow the sale of beer arid wine for off-site :) consumption from a neighborhood market located within an existing produce 0 market building. W a: The subject site is a .54 acre parcel located at the northeast corner of - < "E" and 13th Streets. and further described as 1301 North "E" Street. W a: < '-.-I .... r r EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Commercial Produce Market CG-2 Commercial General North Vacant CG-2 Commercial General South Commercial Offices CG-2 Commercial General East Single Family Residence CG-2 Commercial General West Multi-Family Dwellings CG-2 Commercial General \.. .... GEOLOGIC I SEISMIC DYES I FLOOD HAZARD 0 YES 0 ZONE A ( SEWERS: I]J YES ) HAZARD ZONE: XI NO '- ZONE: laI NO 0 ZONE B o NO ( HIGH FIRE 0 YES ( AIRPORT NOISE! 0 YES ) REDEVELOPMENT n YES HAZARD ZONE: !J CRASH ZONE: PROJECT AREA: NO OJ NO Uptown RDA o NO ~ r -' o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL j! APPLICABLE EFFECTS WITH 0 MITIGATING MEASURES - ZtJ) NOE.l.R. =c 0 CONDITIONS We) u.Q :2Z Ki EXEMPT o E.l.R. REQUIRED BUT NO u.Z !Xl DENIAL Z- SIGNIFICANT EFFECTS <W OQ WITH MITIGATING ~I a:~ MEASURES 0 CONTINUANCE TO -u. > o NO SIGNIACANT o SIGNIFICANT EFFECTS 0 Z fd W EFFECTS SEE ATTACHED E.R.C. MINUTES a: .... \.. ...- ~ CITY 01' _ ....-.0 lll!iNnW..\lIIIIfhIllO.-co I'YIHRTT "n" PLAN-8.D2 PAGE 1 OF 1 (.-10) "'" o -0 r' OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE CUP NO. 90-39 10 3-19-91 2 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT REOUEST The applicant requests approval for a Conditional Use Permit under authorit~ of Code section 19.83.500 to permit the sale of beer and w~ne for off-site consumption from a proposed mini-market located within an existing, conforming commercial produce market building. SITE LOCATION The proposed mini-market will occupy an existing 1,930 square foot produce market building that is located on a .54 acre site at the northeast corner of "E" and 13th Streets within the CG-2, Commercial General, General Plan land use designa- tion and uptown Redevelopment Area (Attachment F). MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed off-site sale of beer and wine is in conformance with the Commerical General land use designations and in compliance with Municipal Codes, subject to approval of a Conditional Use Permit, as shown in Attachment A. CALIFORNIA ENVIRONMENTAL OUALITY ACT STATUS Conditional Use Permit No. 90-39 is categorically exempt from the California Environmental Quality Act under Section 15303, Class 3 (c) for conversion of small, existing retail build- ings to a similar usage with only minor intensification. BACKGROUND Conditional Use Permit No. 90-39 was originally submitted by the applicants on July 7, 1990 and was deemed complete with the review and clearance of an ArChaeological Report comple- ted by Or. Stanley Ross of the San Bernardino County Archaeo- logical Information Center on August 8, 1990. The applicants next attended a Development Review Committee (ORC) meeting on August 30, 1990 at which time a number of modifications and issues of concern were raised by the ORC members regarding the proposed project as well as a need for revised site plans. This second set of revised site plans and colored elevations, incorporating most of the ORC members recommendations, were not received until Oecember 12, 1990. After distribution and review, the project was brought back to the ORC meeting on January 17, 1991. At this ORC meeting, a few additional minor revisions were recommended, requiring a third set of revised plans to be submitted, before the project would be given clearance onto the Planning Commis- sion. A third set of revised plans incorporating these additional requested minor revi sions were received on FebruarY 11 1990. l. ClTVCF_.......-.o --- PL,AN.UB PAGE 1 OF 1 (4-10) -, . . OBSERVATIONS AGENDA ITEM HEARING DATE PAGE CUP NO. 90-39 10 3-19-91 3 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE ~ ANALYSIS Compatibility with Neighborhood The subject site being located at the northwest corner of "E" and 13th Streets and just one block north of Baseline Avenue, receives considerable exposure along this major north-south traffic artery. The subject site is also located within the City designated uptown Redevelopment Area, and thus, subject to additional requirements in landscaping, screening of parking, and recommendations for architectural upgrading and diversity. The presently existing one-story, 1,930 square foot commer- cial building located on the site is in fair to good condi- tion and has a ranCh-style, low gable roof with a brick veneer and covered porch extending along the structure's two main street frontages, namely the western "E" Street and southern 13th Street elevations. Initially, the applicant's are proposing only minor cosmetic changes to these exterior elevations but do plan to remodel the store's interior and comply with all Police Department requirements, including: Maximum shelf heights, location for storage of alcohol products, cashier booths and other secur- ity and visibility required standards and conditions of approval. Additionally, the site's yard areas and other existing landscapes will be greatly improved by meeting and exceeding the uptown Redevelopment Area setbacks and landscaping requirements for interior parking surfaces. Yard lighting will also be upgraded to meet Police Department security requirements and the elimination of existing, outside phone booths will also reduce present loitering problems on the site. Adjoining properties to the subject site and their usages, include: A vacant parcel immediately to the north, existing single family residences to the east, commercial offices to the south, and apartment complexes and vacant parcels to the west across "E" Street. In general, this immediately sur- rounding neighborhood is a mixture of commercial and both single and mUlti-family residential uses within the CG-2, Commercial General designated land use district. The pro- posed site is approximately 1,056 feet from Lincoln Elemen- tary School, located at 255 West 13th Street. The nearest church is approximately 4/10 of a mile away, and nearest park approximately 1 1/10 mile away. ... a"'OF_~ CffrmW.. ..........."*10 PL.AN-I.08 PAGE 1 OF 1 (..gQ) . . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP NO. 90-39 10 3-19-91 4 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ~ The applicants proposal will intensify the present usage of the site as a produce market by the addition of a wider range of foods and products commonly associated with a neighbor- hood, smaller market and with the request for the sale of off-site beer and wine beverages. The proposed market will have 3 full-time employees, as well as the applicant, who will operate the business. The hours of operation will be 7:00 a.m. to 10:00 p.m., seven days a week. Vicinity crime Rate and Alcohol-Related Arrests The subject site is located within Census Tract No. 55 and Reporting District SC 204. This Census Tract is bounded by the 1-215 Freeway on the west, 16th street on the north, Waterman Avenue on the east, and Baseline Avenue to the south. Based on the requested and received police report, and most current full year crime statistics available for the subject property's Census Tract and Reporting District, this area has a crime rate 234 percent (234%) above the average for other City districts. Fifty-seven (57%) of the Part II, 169 arrests in the subject site were alcohol related (96) over the year reported with 21 percent (21%) of the arrests being Part II in the past 90 days. There are 5 existing on-sale Census Tract with 7 allowed There are 7 existing off-site the Census Tract, with only 6 license applications. alcohol licenses within the and no pending applications. alcohol sales licenses within allowed and 2 pending off-sale Presently, there are 2 other off-site beer and wine sales outlets within 3/10 of a mile of the subject property with a third business selling beer and wine within 7/10 of a mile. In addition to the above, there are 5 more general off-site alcohol sales outlets within a mile of the subject site. Two, 2/10 of a mile away, two, 3/10 of a mile away, and one, 8/10 of a mile away, respectively. These site locations are figured in distances from the subject site, itself and do not, therefore, all fall within Census Tract No. 55. There are also 4, on-site alcohol sales locations within 4/10 of a mile of the subject property. cnvOf....~ CEI(\'lW.~8BMCU PlAN-8.DB PAGE 1 OF 1 (4-90) . . OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE CUP NO. 90-39 10 3-19-91 5 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ""'l ~ Traffic, Circulation and Parking The proposed market will have good access off "E" and 13th streets via two 25 foot wide, two-way drive aisles. Internal circulation will be provided by a 24 foot wide, two-way drive aisle that will be adequate to handle expected customer and employee usage. Based on market area, 7 parking stalls are required, the applicant is proposing 29 spaces, including: 15 standard-sized stalls, with one well-located handicap space, and 14 compact stalls as well as an enclosed and screened off truck parking area at the rear of the retail building. COMMENTS RECEIVED Adjacent and Surrounding Property Owners Both the Police Department and the Alcoholic and Beverage Control (ABC) Board contacted several residents and property owners in the immediate vicinity of the proposed market with off-site beer and wine sales to determine their opinions and reactions to the applicant's project. The large majority of these contacted were strongly opposed to the beer and wine sales proposal with only one resident speaking in favor of the project and one person having no opinion on the matter. Those opposed to the project, included: Elizabeth Reyes and Gulliermo Rocha, who reside at 1308 North Stoddard Avenue, one of the residences that directly abuts the rear of the store property to the east, and who indicated that after the market closes there are problems with noise, rock-throwing and litter being tossed into their yard and suspected drug activities from people using the open parking lots and outside pay phones: Mrs. Maria Bustamonte of 1312 North Stoddard Avenue, whose single-family residence also abuts the eastern property line of the subject site, also indicated noise problems and poten- tial for more drinking of alcohol and other activities if the proposal is approved: Arturo Leon of 1294 North Stoddard Avenue indicated that the area already has too much traffic congestion, drinking in public and associated problems, some originating from the nearby apartment buildings that will likely increase with the proposed market approval: ...j ClT'fCll'.....~ --- PLAN-I.08 PAGE 1 OF 1 (4-80) JJ - . ~ ." OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE CUP NO. 90-39 10 3-19-91 6 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT r william Cooper, who owns a 68 mUlti-family apartment units within 500 feet of the subject site fronting on "E" Street and Acacia Avenue, also strongly objects to the project advising that it will lead to higher crime, drug traffic and prostitutes who presently use the outside phones and that the alcohol sales will just exacerbate the area's already existing problems; and Richard Caldwell, business owner, of 1299 North "E" Street opposes the proposed business and alcohol sales because of the clientele it will attract as well as associated problems of litter and drinking in public. He also indicated that he is in the process of selling his business due to the deterioration of the surrounding area. Those in favor of the project or had not comment, included: Theresa steven of 1324 North Stoddard indicated that she is not opposed to the business and does not think it will bring any additional problems to the area; and Ida James of 1316 North "0" Street had no opinion of the project proposal either in favor or opposition. Police Department Comments Based on the completed Police Report (Attachment C) the areas existing high crime rate and opposition of neighborhood residents, Lt. Devlin, the Area Commander, is opposed to the beer and wine sales application and because of the over saturation of existing off-site alcohol sales, as well as problems of loiterers, transients, vagrants and panhandlers that frequent the subject area. The Police Department's Environmental and Development Review Committee members, Lt. Maier and S. Guerrero are, also opposed to the alcohol sales portion of the project proposal. The Planning Commission denied a similar alcohol off-site beer and wine applicant under Conditional Use Permit No. 89- 59 at 1231 North "0" Street, that is located approximately one block south east of the subject site, at the May 22, 1990 Planning Commission meeting. CONCLUSION The proposed mini-market with off-site alcohol beer and wine sales is a permitted use within CG-2, Commercial General, land use district subject to approval of a conditional Use Permit. ~ ClTYOf_~ ClENnIIAl~.1MCU ..... PJ.AN.8.oe PAGE 1 OF 1 14.go) ., .. OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE CUP NO. 90-39 10 3-19-91 7 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT The existing commercial building and site plans, as modified and revised, would be adequate to accomodate the proposed neighborhood market and might very well serve the need of supplying everyday grocery items to the nearby surrounding apartment residents, single family homes and commercial businesses. However, due to the high crime rate present within the subject area, the heavy saturation of already existing nearby off and on-site beer and wine as well as general alcohol sales outlets and the strong opposition of most of the neighborhood residents contacted concerning the project proposal, it appears that approving the beer and wine sales application will only prove to be a further detriment rather than benefit to the health, safety and general welfare of the area's residents. RECOMMENDATION Based on Findings sion deny the above referenced observations and attached of Fact, staff recommends the the Planning Commis- Conditional Use Permit No. 90-39. Respectfully submitted, .\1 C k/ Lar~'. Reed, Director Planning and Building Services ~..1l G.~ Paul G. Scroggs Assistant Planner Attachments: A - Municipal Code and General Plan Conformance B - Findings of Fact C - police Department Investigation D - William Cooper Opposition Letter E - Site, Floor and Elevation Plans F - Location Map SRCUP90-39 "" ...,j CITV Of MN IIIWMfIIlK) --- PLAN.8.DB PAGE t OF , (..sID) ATTACHMENT A CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE CUP NO. 90-39 10 3-19-91 8 ~ ., MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Cateaorv ProDosal Municipal Code Permitted, Subject to CUP Approval 2 Stories, or 30 Ft. Max. 10 Ft. Min. UT RDA 5 FtjAbutting Resid. 5 FtjAbutting Resid. 7 Required Minimum Setbacks, plus 5% of Interior Parking. Defer to UT RDA Standards - 10% of Int. Parking Plus Setbacks General Plan Defer to Municipal Code 2 Stories or 30 Ft. Max. 5 Ft. Defer to RDA Stan- dards 5 FtjAbutting Resid. 5 FtjAbutting Resid. 7 Required Minimum Defer to Municipal Code and RDA Standards Permitted Use Mini-Market with Off-Site Beer and Wine Sales Height Existing, One- story Building Setbacks Front - 10 Ft. Sides - 6 Ft. Rear - 24 Ft. Parking 29 Spaces Landscaping Setbacks, plus 10% of Interior Parking Lot Area CffY ClI' 8lIfrt -....0 ClJmW.~"'- ... ..... PLAN-1.D8 PAGE 1 OF 1 (4-10) ,~ ATTACHMENT B - - CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT FINDINGS OF FACT CASE AGENDA ITEM HEARING DATE PAGE CUP NO. 90-39 10 3-19-91 9 " CONDITIONAL USE PERMIT FINDINGS (SECTION 19.78.050 SBMC) 1. The the and the Use proposed use does conform to the objectives of City's General Plan in that the sale of beer wine for off-site consumption is permitted in CG-2 land use designation with a Conditional Permit. 2. The proposed use will adversely affect the adjoin- ing land uses and the growth and development of the area in which it is to be located in that the use is not compatible with nearby single family and apartment complexes and that the area already has an over concentration of alcohol sales outlets as well as a high crime rate. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare in that the site is already developed with an existing commercial structure and yard improvements that will be upgraded to meet and exceed code parking and landscaping requirements under the proposed revised site plans. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and high- ways designed and improved to carry the traffic in the area, and that adequate parking is provided under the proposed revised site plans. 5. The granting of the Conditional Use Permit under the conditions imposed will be detrimental to the peace, health and safety and general welfare of the citizens of the City of San Bernardino in that there exists a high concentration of similar alcohol sales outlets within the near vicinity of the subject site and that the proposed location directly abuts 2 single family residences and is in close proximity to several other apartment complexes. "- PLAN-I.os PAGE 1 OF 1 (4-80) ~~~ ,'. CITY OF SAN CERNAHDINO - _':"'CMUHANUUM , ATTACHMENT C l./ To DANIBL ROBBINS, CHIBF OF POLICB From SGT. B.L. 'lULL Subject C.U.P. Dete p- ;17- ~() ~proved Dete Conditional Use Permit' 7&- 3? LOCATIOlh /3tJ3 .I!/ e-? Tbe attached investigation and recommendation requires your approval. ~~*~ I concur with this recommendation. ~B';NS' cft- C:oiice ~i"'% 8" ':i' II ~li \1 ~ 'S II" '?, ':. ,j \N \\ ~ \. ~ \) \~~\) . .p.f\otK;J.. .. ,c:,~N 6\.'f\~"Nt-\\NU '"' C.rr" Of' :~,. or P'J. I"":S A.f\"l'~:'O:\o!. ". ~.." 'i"'~ \..... o~p~ ' ll"""~' 'e:I;\"" ..~ " " PRIDE ~ ~s ~ I APPLICATION o FOR CONDITIONAL USE PERMITS FOR POLICE CONCEIUC8 -0 ALCOHOL BBVERAGI LICINSIS . .. . . LOCATION. 1303 N. "E" Street (Neighborhood Mini-market) Conditional Use Permit No. 90-39 Persons 290 (%)R/D Average +234% Part II Arrests 169 Alcohol Related 96=57% Past 90 days 21% Reporting District SC204 IRD 590) 99 389 Property Part I Crimes Cencus Tract On Sale 7/6 55 Off Sale 6/7 General Vicinity Distance To Nearest: School Lincoln Elementarv School 255 W. 13th St SBHS. 1850 "E" St. Church 1 s t Chri!lt i IOn Chllr"h 1 001 Arrowh..ad St.John's EDiscopal Church. 1407 Arrowhead Distance 2/10 mi 4110 mi 5/10 mi 4/10 mi Park CamDo Santo Memorial Park 27t-h " .~. ~t- ABC On Sale Licensed Premises Laspalmas. 1235 "E" St. 1 1/10 mi 160' , /1 0 m, 2/10 mi 3110 mi l' 63' 24' ~I+I. rn~~+.i'. 1177 .p. ~+ . ABC Off Sale Licensed Premises E St Mkt.. 1156 "E" A'-RT.iqunr l.l:i."W RJllcu:alin. Distance of Parking Lot to Residence 1308/131' ~~nn~~r~ Av_ 1324 Stoddard Distance of Building to Residence 1308/1312/1324 Stoddard Comments From Residents: (See narrative) ~. . .' CUP I 90-39 - o Page two o Area Commander Comments: (See narrative) Police Department recommendations: (See narrative) CITY OF SA~b'3ERNARDINO -'-O'VIEMORANDUM To DANIEL A. ROBBINS, CHIEF OF POLICE Subject CONDITIONAL USE PERMIT, 90-39 From JOHN DIAZ, DETECTIVE Date JULY 23, 1990 Approved Date APPLICANT HARB, YASIR SHAWKAT NEIGHBORHOOD MINI MARKET DBA PROPOSED LOCATION 1303 N. "E" Street San Bernardino LICENSE TYPE Type 20 - Off Sale Beer/Wine On 7/9/90, Monday, I received the investigation for Conditional Use Permit (C.U.P. 90-39), in the name of YASIR SHAWKAT HARB, for the NEIGHBORHOOD MINI MARKET, at the proposed business site of 1303 N. "E" Street, which is located within an existing produce market building located on the northeast corner of 13th and "E" Street. The nature of this project will be a 1,620 sq. ft. convenience store selling grocery items, produce, and beverages, and which will in- clude the off-site sale of beer and wine. The business will have three full-time employees, as well as the applicant, who will oper- ate the business. The business hours will be 0700 to 2200 hours, seven days a week. The proposed site is located within Reporting District SC204. 1987 is the most current full year of crime statistics, which lists crime in that reporting district at 234% above the average for reporting districts in San Bernardino. 57% of the Part II arrests in that district were alcohol related. Statistical information was received from Crime Analysis. This information revealed that crime still exists in this reporting district. A portion of this crime is di- rectly related to alcohol and its abuse. The proposed site is located within Census Tract '55. There are five existing on-sale licenses within the Census Tract, with seven allowed. There are no pending applications. There are seven exist- ing off-sale licenses within the Census Tract, with only six allowed. There are two pending off-sale license applications. I conducted an investigation, which included all off-sale general and off-sale beer and wine licenses in the general area of the pro- posed site. This investigation showed two locations within three- tenths of a mile from the proposed site: the Bossey Drive-In Dairy, located at 1611 N. "E" Street: and the 7-11, located at 306 W. Base- line. A third location with off-sale beer and wine license was "'IN PRO<;rc..;>..> ~,#' D.A. ROBBINS, COF 0 July 23, 1990 Page 2. -0 Subject. CONDITIONAL USE PERMIT, 90-39 the Seven Seas Market. located at 1991 N. "E" Street, which is located seven-tenths of a mile from the proposed site. A survey of the off-sale general license locations in the area, revealed two locations within two-tenths of a mile from the pro- posed site. Bourbon Street Liquor, located at 324 W. Baseline; and "E" Street Market, located at 1156 N. "E" Street. There were two additional locations located three-tenths of a mile from the proposed site: A & B Liquor, located at 355 W. Baseline; and Thrifty Jr., located at 330 W. Baseline. A fifth additional loca- tion is located eight-tenths of a mile from the proposed site: the Last Drop Liquor, located at 2105 N. "E" Street. The nearest on-sale license locations are: Las Palmas Restaurant, located at 1235 N. "E" Street, which is approximately 160 feet from the proposed site; Tut's Cocktail Lounge, located at 1177 N. "E" Street, which is approximately one-tenth of a mile from the proposed site; Sammy's Cocktail Lounge, located at 406 W. Baseline, which is located approximately two-tenths of a mile from the proposed site; and A & B Tavern, which is located at 553 W. Baseline, which is located approximately four-tenths of a mile from the proposed site. The proposed site is approximately 1,056 feet from Lincoln Elemen- tary school, located at 255 W. 13th Street. The site is approxi- mately four-tenthS of a mile from St. John's Episcopal Church, located at 1407 N. Arrowhead. This site is approximately one and one-tenth mile from Campos Santos Memorial Park, located at 27th and "E" Street. The nearest residences to the proposed site are. 1308, 1312, and 1324 N. Stoddard Avenue, all of which are separated from the pro- posed site by a cement block wall, with a varying height of approxi- mately three feet to approximately six feet. On 7/5/90, a notification form regarding the proposed business was sent to the area commander, Lt. Devlin, by Sgt. Tull. I later received a response from Lt.Devlin's administrative sergeant, Sgt. Blum, who advised that he was opposed to this application because of overaturation of businesses with off-sale alcoholic beverage licenses, as well as the problem of loiterers, transients, vagrants and panhandlers that frequent this area. COMMENTS FROM AREA RESIDENTS On 7/23/90, Monday, I contacted several residents who lived in the immediate vicinity of the site. I spoke with Maria Bustamonte, 1312 N. Stoddard Avenue, who advised me that she is opposed to the ~~A. ROBBINS, COP c:> July 23, 1990 Page 3. Subject. CONDITIONAL USE PERMIT, 90-39 -0 business because of the sales of beer and wine. She feels that the business would possibly cause problems to the area, such as subjects drinking in the parking lot and feels that if the business is allowed, they should have signs prohibiting people drinking in the parking lot. I spoke to Theresa Stevens, 1324 N. Stoddard Avenue, who advised me that she is not opposed to the business and does not think it will bring any additional problems to the area. I spoke to Arturo Leon, 1294 N. Stoddard Avenue, who advised me that the area already has too much traffic congestion and other problems, including the apartment complex directly across the street from the proposed business. He said that the business would pos- sibly bring more problems into the area, including traffic conges- tion problems as well as drinking in public and other crimes into the area. I spoke to Richard Caldwell, the owner of the busine$at 1299 N. "E" Street, who advised me that he is opposed to the proposed busi- ness because of the type of clientele which it will attract, as well as other problems it might bring into the area, such as trash, litter, and drinking in public. He said he is in the process of selling his business because of the deterioration of the surround- ing area. I spoke to Ida James, 1316 N. "0" Street, who advised me that she does not care about the proposed business. I also attempted to contact the residents of 1308 N. Stoddard, with negative results. POLICE DEPARTMENT RECOMMENDATIONS If this Conditional Use Permit is approved, it could reasonably be expected that crime and police calls for service will increase in this reporting district. An increase in activity, such as juve- niles buying or attempting to buy alcoholic beverages, panhandling, littering, loitering, drinking in public, public intoxication, and drinking and driving, could very possibly be expected. If this Conditional Use Permit is approved in the already saturated area, the following conditions will be recommended by the police department, and if implemented would possibly alleviate or lessen the above mentioned police problems. 1. No single cans and/or bottles of beer to be sold. " '~.A. ROBBINS, COP c:> July 23, 1990 Page 4. Subject: CONDITIONAL USE PERMIT, 90-39 -0 2. No sales of wine in less than 750 milliliter containers. 3. No game machines, video, or otherwise. 4. No sales of ice in less than seven pound bags at or above pre- vailing prices. 5. Posting of signs prohibiting littering and loitering, and man- agement enforcing this. 6. No alcoholic beverages shall be consumed on the property under the control of the licensee. 7. Exterior lighting will be sufficient and properly maintained to illuminate all areas of the exterior of the building and property for easy detection of suspicious and criminal acti- vities. 8. No public telephone booths shall be located on the premises. Respectfully submitted, ~~' Jpbn Diaz, Detective Vice Detail JD/jw -~" L o WILLIAM H. COOPER ATTACHMENT 0 o POBOX 2534, SAN BERNARDINO, CALIFORNIA 92406 (619) 324-2782 July 7, 1990 Department of Alcoholic Beverage Control 4505 Allstate Drive, Suite 102 Riverside, California 92501 \O)~~'&~~~ID \j\} jUl' '3 \990 N""V.O,NO C\"T~ Of S""~I~:~~""NNltlG &, O~"",,"'TM~N ~ St:v.'J\C~S 'tun..O'N\J RE. Off-Sale Beer & Wine Application Applicant. Yaslr Shawkat HARB Location 1303 North E Street, San Bernardino Dear Sir or Madam. I am the owner of 68 apartment units located within 500 feet of the proposed site. I strongly object to an off-sale beer and wme license being Issued for this location. The management of the apartments has been working with the San Bernardino Police Department to curtail the already e)(isting drug traffic and prostitutes utllizing the telephones at this corner. The sale of alcohol will only exacerbate t~le problem. The local residents are working hard to maintain a decent living environment; there are over sixty children living in these apartments. Currently there exist four other locations selling beer and wme within two blocks of the proposed site. A further concentration of sale sites wtll not serve the needs of the local residents but will attract more undesirables to the area. We need to serve the needs of hard-working, tax-paying residents and prevent slum and/or slum-like conditions. .. . . o -0 -,,- I iJrqe y'OIJ to reiect t~ilS application and am prepared to ':lrculate and submit a petition of residents supporting this View if~ou require more evidence and informatlOn. I t~lar," you for your courtesy, William H. 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