HomeMy WebLinkAbout38-Planning and Building
CITY OF SAN BERNCRDINO - REQUEST .eM COUNCIL ACTION
From:
Al Boughey, Director
Subject:
Appeal of Review of plans No. 89-40
Amendment to Conditions and appeal
of Conditional Use Permit No. 91-22
~: Planning and Building Services
Mayor and Common Council Meeting
December 2, 1991
Daw: November 15, 1991
Synopsis of Previous Council ection:
No previous action.
Racommanded motion:
That the hearing be closed and that the Mayor and Common Council
deny the appeals and deny Review of Plans No. 89-40 Amendment to
Conditions and Conditional Use Permit No. 91-22 (supports staff
recommendation and Planning Commission's action.)
OR
That the hearing be closed and that the Mayor and Common Council
approve Review of Plans No. 89-40 Amendment to Conditions and
Conditional Use Permit No. 91-22 in concept and refer the matter
back to staff to develop positive Findings of Fact.
Contact person:
Al Flnnqh..y
Phone:
lR4-'il'i7
Supporting data atWched:
Hr"ff R..pnrr
Ward:
1
FUNDING REQUIREMENTS:
Amount: lJ I"
Source: IAcct. No.)
IAcct. DescriDtion)
Finance:
Council Notes:
AlIImda Item No <-1',J'
C;:ITY: OF SAN BERNC):aDINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
Subject: Appeal of the Planning Commission's denial of Review of
Plans No. 89-40 Amendment to Conditions, a request to
amend Condition of Approval No. 1 which restricts the
sales of alcohol at the multi-tenant neighborhood
retail center constructed under that application, and
Conditional Use Permit No. 91-22, to permit the off-
site sales of beer and wine in an Italian Delicatessen/
Market located within the center.
Mayor and Common Council Meeting
December 2, 1991
REQUEST
The applicant, Mr. Bassam Askar, through his consulting
representative, Mr. John Lightburn, is appealing the denial of
Review of Plans No. 89-40 Amendment to Conditions and Conditional
Use Permit No. 91-22 by the Planning Commission. The appellant
requests that the Mayor and Common Council amend Condition of
Approval ~o. 1 of Review of Plans No. 89-40 to allow the sale of
alcohol at the multi-tenant retail center constructed under that
application, and approve Conditional Use Permit No. 91-22, to
permit the sale of beer and wine at a delicatessen/market located
in the center, for off-site consumption (See Exhibit A - Letter
of Appeal.)
BACKGROUND
On November 19, 1S86, the previous owner of the site, the
Forecast corporation, filed Conditional Use Permit No. 86-61, an
application to construct a 6,230 square foot commercial center on
the site, to include a convenience store with the sales of
alcoholic beverages for off-site consumption. On February 3,
1987, the Planning Commission denied Conditional Use Permit No.
86-61 based on the incompatibility of the proposal with the newly
proposed Rialto High School to be constructed directly across
pepper Avenue on the west. On March 9, 1987, the Mayor and
Common Council denied an appeal of Conditional Use Permit No. 86-
61 based on the same grounds.
The existing 7,038 square foot retail center was constructed
under Review of Plans No. 89-40. During the Review of Plans
application process, the Rialto Unified School District voiced
concern over the potential for the sales of alcoholic beverages
at the center because of its proximity to the proposed Rialto
High School site. The applicant and current owner, Linkletter-
Perris, willingly agreed to Condition of Approval No.1 of Review
of Plans No. 89-40 restricting the sales of alcohol at the retail
center to alleviate the School District's concerns.
75.0264
Appeal on Review~ Plans No. 89-40 0
Mayor and common\-pncil Meeting of December 1991
Page 2
On April 1, 1991, the applicant filed for an Amendment to
Conditions to Review of Plans No. 89-40 , to remove the alcoholic
beverage sales restriction of Condition NO.1, and to allow the
submission, processing and approval of Conditional Use Permit No.
91-22, an application request to permit the sales of beer and
wine in an Italian delicatessen/market located in the retail
center.
At the Development Review Committee (DRC) meeting of June 27,
1991, the DRC denied the request for the Amendment to Conditions
to Review of Plans No. 89-40 and cleared Conditional Use Permit
No. 91-22 onto hearing by the Planning Commission with a
recommendation of denial.
PLANNING CO~MISSION RECOMMENDATION
On October 8, 1991, the Planni~g Commission unanimously denied
the appeal of the Amendment to Conditions to Review of Plans No.
89-40 and denied Conditional Use Permit No. 91-22. The basis for
the denial was the proximitiy to the Rialto High School
(currently under construction) which is located less than 60 feet
from the deli/market, and the applicant's prior record of sales
of alcohol to minors". The applicant filed an appeal of the
Planning Commission's decision on October 18, 1991 (Exhibit A.)
OPTIONS AVAILABLE TO THE HAYOR AND COUNCIL
The Hayor and Council may deny the appeal and deny the Amendment
to Conditions to Review of Plans No. 89-40 and deny Conditional
Use Permit No. 91-22, or the Hayor and Council may uphold the
appeal and approve the Amendment to Conditions to Review of P~ans
No. 89-40, removing the alcoh)lic beverage sales restriction, and
approve Conditional Use Permit No. 91-22 in concept, referring
the item back to staff to develop positive Findings of Fact.
RECOHMENDA:lQR
staff recommendeds that the Hayor and Council deny the appeal and
deny the Amendment to Conditions to Review of plans No. 89-40 and
deny Conditional Use Permit No. 91-22.
Prepared by:
Hichael R. Finn,
Associate Planner
for Al Boughey
Director of Planning and Building Services
Exhibits
A - Letter of Appeal
B - Staff Report to the Planning Commission
C - Official Notice of Public Hearing before
the Hayor and Common Council
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CITY OF SAN OERNARDINO
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OEMORANDUM
To
Planning Commission
Review of Plans No. 89-40 Amendment to Conditions
and Conditional Use Permit No. 91-22
FromLarry E. Reed, Asst. Director
Date October 8, 1991
Subject
Approved. I tern No. 2
Date
OWN~R
Linkletter-Perris
756 Baker Street
Costa Mesa, CA 92626
APPLICANT
Bassam Askar
7965 Sierra Avenue
Fontana, CA 92336
R~QU~ST
The applicant is appealing the denial of an amendment to
conditions of Condition of Approval No. 1 to Review of Plans No.
8940, restricting alcohol sales at the multi-tenant neighborhood
retail center constructed under that applicantion. The applicant
also requests the approval of Conditional Use Permit No. 91-22,
to permit the off-site sales of beer and wine in the
Delicatessenl Market located at the center.
BA(~KGROI/Nn
The request was scheduled to be heard by the Planning Commission
at the September 3, 1991 meeting. However, the item was
continued to the October 8, 1991 meeting at the request of the
owner, who was out of town on September 3, and unable to be
present at that meeting.
,:~t~ .
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EXHIBIT "A"
.
Review of Plans No. 0Q-40
Planning Commission Oting of
October 8, 1991
Page 2
o
RECOMMENDATION
Staff recommends that the Planning Commission hear the request
and deny the appeal of the Amendment to Condition of Approval No.
1 of Review of Plans No. 89-40, which restricts the sales of
alcohol at the center and deny Conditional Use Permit No. 91-22
based upon the findings contained in the attached staff report
from the September 3, 1991 meeting.
Z7'"FVd.
Larry E. Reed
Assistant Director, Planning and Building Services
~R~~
Michael R. Finn
Associate Planner
Attachment:
September 3, 1991 Staff Report for Review of Plans
No. 89-40 Amendment tO,Conditions (Appeal) and
Conditional Use Permit No. 91-22
,"-',.~--,""~ -.
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city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
Review of Plans No. 89-40 Amendment
to Conditions and Conditional Use
Permit No. 91-22
Applicant:
Bassam Askar
Owner:
Linkletter-perris
ACTION
Meeting Date: October 8, 1991
X Denied
ygn
Ayes:
Nays:
Abstain:
Absent:
Clemensen, Cole, Lopez, Ortega, Stone, Valles
None
None
Jordan, Lindseth
I, hereby, certify that this Statement of
accurately reflects the final determination
Commission of the City of San Bernardino.
Official Action
of the Planning
4z r- /J
Signat e
&'//(/1 I?f'/
Date .
Larrv E. Reed. Assistant Director of Plannina and Buildina Svcs.
Name and Title
cc: Project Property owner
Project Applicant
Building Division
Engineering Division
Case File
WP
pcaction
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
SUMMARY
AGENDA ITEM
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APPUCANT: Bassam Askar
W REVIEW OF PLANS NO. 89-40 7965 Sierra Avenue
Fontana, CA 92336
UJ AMENDMENT OF CONDITIONS
C OWNER: Link1etter-Perris
CJ (APPEAL) AND CONDITIONAL 765 Baker Street
USE PERMIT NO. 91-22 Costa Mesa, CA 92626
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Appeal of the denial of an amendment to conditions of
~ Condition of Approval No. 1 to Review of Plans No. 89-40
restricting alcohol sales at the multi-tenant neighborhood
W retail center constr~cted under that application, and
~
0 the approval of a Conditional Use Permit to permit the
W off-site sales of beer and wine in the Italian Delicatessen/
a::
- Market located within the center.
C
W SOl:theast corner of Mill Street and Pepper Avenue
a::
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EXISTING GENERAL PLAN
PQOPERTV LAND USE ZONING Df;~IGNATION
Subject Multi-tenant retail CN Commercial Neighborh ~c
Ncrth Retention Basin RS Residential Suburb
South Vacant RS Residential Suburb
East Vacant RS Residential Suburb ~I
~lest Rialto High School PF Public Facility
'"
, I( )
GEOLOGIC I SEISMIC DYES I FLCOO HAZARD DYES D ZONE A SEWERS: }C/: YES
HAZARD ZONE: ~ NO ) \ ZONE: X8 NO D ZONE B :; NO
( HIGH FIRE D YES )1 AIRPORT NOISE! 0 YES ( REDEVELOPMENT ::J YES
HAZARD ZONE: !mNO CRASH ZONE: PROJECT AREA:
)Qi NO ~ ~NO
~ r r-
..l o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
0:( APPUCABLE EFFECTS WITH 0
MITIGATING MEASURES -
~ !C 0
zen NO E.I.R. CONDITIONS
WO II.CI
:EZ fl EXEMPT o E.J.R. REOUlRED BUT NO II.Z IKl DENIAL
Z- SIGNIFICANT EFFECTS O:(W
OCl Section 15301, WITH MITIGATING ~I
a::~ Class 1 MEASURES 0 CONTINUANCE TO
-II. 0
> o NO SIGNIFICANT o SIGNIFICANT EFFECTS
Z CJ
W EFFECTS SEE ATTACHED E.R.C. W
\. MINUTES '- a::
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PLAH-1.D2 PAGE 1 OF 1 (4--10)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT-
CASE RP 89-40 / CUP 91-22
OBSERVATIONS
AGENDA ITEM
HEARING DATE
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REOUEST
The applicant is appealing the decision of the Development Review
Committee to deny his request to amend Condition of Approval No.
1 of Review of Plans No. 89-40 which restricts the sales of
alcohol at the multi-tenant neighborhood retail center
construc~~d under that application. The applicant also requests
the approval of a Conditional Use Permit under the authority of
Municipal Code Section 19.83.500, to permit the off-site sales of
beer and wine in at Italian delicatessen/market located in the
retail center.
SITJ: r~O~&TTON
The delicatessen/market occupies a 2,283 square foot tenant space
in a 7,038 square foot multi-tenant neighborhood retail center
located on the southeast corner of Mill Street and Pepper Avenue
in the CN, Commercial Neighborhood land use designation. The
site is further described as 505 South Pepper Avenue, Unit "A".
MUNt~IPAL CODR ANn GKNERAL PLAN CON~OR~ANCR
The proposal is in conformance with the MuniCipal Code and is
consistent with the Gene=al Plan as shown in Attachment "A".
CALIFORNIA E~VIRONMENTAL QUALITY ACT
The proposal is exempt =~om the California Environmental Quality
Act (CEQA) under a Class 1 exemption (CEQA Section 153011.
BACKGROltND
Previous Application
On November 19, 1986, the Forecast Corporation, previous owner of
the subject site, filed Conditional Use Permit No. 86-61 to
construct a 6,230 square foot convenience store/retail commercial
center with the off-site sale of alcoholic beverages. The
Conditional Use Permit request was heard by the Planning
Commission and denied on February 3, 1987. The Forecast
Corporation subsequently appealed the Planning Commission's
decision to the Hayor and Common Council. The appeal was heard
on March 9, 1987, and denied. A review of the case file for
Conditional Use Permit No. 86-61 reveals that both decisions for
denial of the application were based upon the conclusion that the
sale of alcoholic beverages for off-site consumption is not a
compatible use with the proposed Rialto High School located to
the west across Pepper Avenue, and therefore would adversely
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P\.AN.a.aI 'MiE, OF , '.<<11
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP89-40/CUP91-22
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9-3-91
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OBSERVATIONS
AGENDA ITEM
HEARING DATE
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affect the growth and development of the area for which it wa:s
propo:sed.
Exl:stlng Nelghborhood Retall Center
The exi:sting n~ighborhood reta~l center wa:s con:structed under
Review of Plan:s No. 89-40. Ba:sed upon the Rialto Unified School
Di:strict':s concern over the potential off-:site :sale of alcohol at
the retail center, the applican: and current owner, Linkletter-
Perri:s, willingly agreed to Condttion of Approval No. 1 of Review
of Plan:s No. 89-40, re:strict~ng alcohol :sale:s. The condition
read:s a:s follows:
"No alcohol :sale:s or video arcades in the propo:sed center,
given the propo:sal of the Rialto School Di:strict to
con:struct a high :school on the property adjacent to the
project :site acro:s:s pepper Avenue on the we:st. Should the
Rialto S~hool Di:strict ever abandon the propo:sed school
sit~, the no alcohol/no video arcade condition will no
longer be valid."
On April 1, 1991, the appl::ant filed for an Amendment to
Conditions cf Review of Plan:s No. 89-40 (Attachment "E") to
remove the no al:ohol restriction of Condition No.1, and to
allow the processing and approval of Conditional Use Permit No.
91-22. At the Development Revtew Committee (DRC) meeting of June
27, 1991, the DRC denied the request for the Amendment to
Condition:s. On July 8, 1991, the applicant filed and appeal of
the DRC's decision (Attachment "F").
ANaT.Y~T s
AMENDHENT TO CONDITIONS
In order for the Planning Commission to approve Conditional Use
Permit No. 91-22, it au:st fir:st overturn the decision of the DRC
denying the Amendment to Condition:s of Review of Plans No. 89-40.
The analysis of the appeal is included with the analysis of the
Conditional Use Permit request, since the issues involved are the
same.
CONDITIONAL USE PERHIT
Slte and Area Characterlstlcs
The subject property consists of 0.54 acres located at the
southeast corner of Hill Street and Pepper Avenue. The property
is developed with a 7,038 ~quare foot neighborhood commercial
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PI.AHoI.GI. PAGE 1 OF 1 1~1
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
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CASE RP 89-401CUp
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q1-22
OBSERVATIONS
AGENDA ITEM
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retail center constructed under Review of Plans No. 89-40. The
delicatessen/market occupies the northern most unit of the
center.
Vacant residentially designated land borders the site on the
south and east. A Flood Control District retention basin is
located across Hill street to the north. The new Rialto High
school is currently under construction across Pepper Avenue, at
the southwest corner of Hill street and Pepper Avenue.
Proposal
The applicant proposes the sale of beer and wine f~r off-site
consumption at the Italian delicatessen/market. proposed hours
of operation are from 7:00 a.m. to 10:00 p.m. Sunday through
Thursday, and 7:00 a.m. to 11:00 p.m. Friday and Saturday.
Permi tted Use
The proposed off-site
delicatessen/market is
designation, subject to
sale of beer and wine at the Italian
a permitted use in the CN land use
the approval of a Conditional Use Permit.
Applicability of Ordinance HC-770
The Convenience Store Regulation, HC-770 became effectl'le on
April 10, 1991 (Attachment "G"). The ordinance applies to any
convenience store applications deemed complete between ~pril 10,
1991 and the enactment of the Development Code-on June 3, 1991.
The Development Code applies to all applications deemed complete
after June 3, 1991. Since the Amendment to Conditions request
and the Conditional Use Permit application were deemed complete
on April 23, 1991, HC-770 applies.
HC-770 defines a convenience store as any establishment providing
for the retail sale of groceries, staples, sundry items and/or
alcoholic beverages wit~in structures of less than 5,000 square
feet of gross floor area. The ordinance also restricts
convenience stores from being located less than 1,000 feet from
an existing or previously approved convenience store, or an
existing ele~entary, junior high school, or high school as
measured from the nearest distance from one property line to
another.
The proposal does not technically meet the definition of a
convenience store under HC-770. The delicatessen/ market
occupies a 2,283 square foot tenant space, however, the tenant
space is located within a structure of greater than 5,000 square
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PLAN-UI pAGE' OF 1 (4-101
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP 89-40/CUP 91-22
OBSERVATIONS
AGENDA ITEM
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feet of gro~~ floor area; gros~ floor area of the retail building
is 7,038 square feet. However, the propo~al i~ not con~i~tent
with the intent of the convenience ~tore definition. The ~ize
con~traint wa~ placed in the definition to differentiate larger
grocery markets from convenience ~tores. It wa~ intended that
the definition of convenience ~tores include those ~tores with
gro~~ floor area of 5,000 square feet or le~~, net ~tore~
contained in building~ of 5,000 ~quare feet or le~~. The
Development Code implemented June 3, 1991, clearly reflects thi~
intent. The Development Code defines a convenience store a~ the
retail ~ale~ of grocerie~, ~taple~, sundry item~ and/or alc:holic
beverage~ where the gro~s floor area i~ le~~ than 5,000 square
feet. Were the application subject to the Development Code, the
propo~ed u~e would be cla~sified a~ a convenience ~tore and would
be restricted from locating within 1,000 feet of the high ~chool.
Overturning the DRC'~ denial of the Amendment to Conditions and
appr,ving the Conditional U~e Permit reque~t will place what i~
defined a~ a convenience ~tore in the Development Code directly
acro~~ the ~treet from, and within les~ than 60 feet of a high
~chool in conflict with the intent of HC-770.
RIalto School DIstrIct Concerns
The Rialto Unified School Di~trict wa~ notified of the reque~ted
Amendment to Conditi~n~ and Conditional U~e Per~it in ea::y
April. In re~pon~e, the Di~trict expre~sed concern about
jeopardizing the health ~afety and welfare of the 3,000 or more
~tudents expected to attend the high ~chool if the project were
approved.
The District also indicated that when the retail center was first
under consideration by the City, Linkletter Development had
prOVided the School District assurance~ that there would be no
alcoholic beverage sale~ permitted on the property. Based upon
the~e a~surances, the Ria1to School District did not oppose the
application to construct the center.
The Rialto SChool District remains oppo~ed to the sale of
alcoholic beverage~ at the shopping center and encourage~ the
City to uphold the exi~ting conditions of approval for Review of
Plans No. 89-40.
ApplIcant's Record
During the inve~tigative proce~~, the applicant, Ba~~am Askar wa~
interviewed and asked several standard inve~tiqative questions,
including a question of any record of arrests. Hr. Askar
~~.!!'~~
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP 89-40/CUP 91-22
OBSERVATIONS
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responded that he had never been arrested. Later in the
interview, however, Hr. Askar indicated that he did not want to
lie to the investigator and stated that he had one violation for
sales of alcohol to a minor, which he had received while working
as a clerk in his brother's liquor store in Duarte in 1985. He
stated that he had been placed on probation and had not had any
other violations and had not been arrested for anything else.
Subsequent investigation revealed another conviction for sales to
a minor in 1987, and two arrests. The first arrest was for PC211
(robbery) on December 12, 1982. Hr. Askar was detained only and
then released due to lack of probable cause. The second arrest
was for PC496 (receiving stolen property) on April 27, 1983. Hr.
Askar was again detained only and then released due to
insufficient evidence. When confronted with these arrests, Hr.
Askar indicated that no charges were ever filed and that he had
not told the investigator of either because he did not consider
them arrests.
The applicant's record of two preVious violations of sales of
alcohol to minors brings into question the applicant's character
and ability to operate an establishment selling beer and wine for
off-site consumption less than 60 feet from a high school.
Area Re~idents
During their investigation, the Police Department attempted
contact with 19 residents living in the immediate vicinity of the
project, but were only able to contact 8. Of the 8 contacted, 4
were opposed to the proposal, and 4 had no opposition. Of the 4
residents opposed, most cited fears of increased crime and
concern over the close proximity of the proposed business to the
high school as their reasons of opposition.
Police Department Area Commander
The area Commander, Lt. Curtis is opposed to the proposal and
recommends denial due to the close proximity of the project to
the previously approved Rialto Unified School District high
school. According to Lt. Curtis, the proposal will encourage
sales to minors, adults purchasing alcohol for minors, loitering
at the shopping center, incidents of public intoxification both
on and off campus, and increased fighting and violence both on
and off the campus.
Police Department Recommendations
Based upon the applicant's prior history, the close proximity of
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CITY OF SAN BERNARDINO PLANNING
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the propo~al to the Rialto High School under con~truction, and
the potential problem~ that could ari~e from such a situation,
the Police Department recommend~ denial of the Amendment to
Condition~ and of the Conditional U~e Permit request.
COHM~NTS RE~EIVED
Development RevIew CommIttee
The reque~t for amending Condition No. 1 of Review of Plan~ No.
89-40 wa~ denied by the Development Review Committee (DRC) on
June 27, 1991 ba~ed upon the proximity of the propo~al to the
Rialto High School under con~truction and the applicant's past
history a~ brought out in the Police Report. The DRC al~o
reviewed Conditional U~e Permit No. 91-22 at the same meeting,
and cleared it onto Planning Commis~ion for hearing with a
recommendation for denial.
RIalto UnIfied School DIstrict
The Rialto Unified School District is opposed to amending
Conditi:m No. 1 of Review of Plan~ No. 89-40 to allow sales of
alcohol at the center and is opposed to Conditional U~e Permit
No. 91-22. Their concerns were addressed above in the analy~ls
section of this staff report.
city of Rialto
The City of Rialto had no comment on either of the applicant's
requests.
Council Ward 3
Councilman Flores
The application was routed to the Council Office for review while
Councilman Flore~ was ~till in office. The Councilman objected
to the amendment of Condition No. 1 of Review of Plan~ No. 89-40
~ince it would allow the, off-~ite ~ale~ of beer and wine at the
center. He feared that approval could open the door to other
con~ideration~ and flexibilite~ of alcoholic beverages to be made
available at the location.
Councilman Hernandez
Councilman Hernandez did not
either propo~al. However, he
~taff and was opposed to the
forward any formal comment~ on
did discu~s the proposal~ with
approval of the Amendment to
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP89-40/CIJP91-"
OBSERV A liONS
AGENDA ITEM
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Conditions or the Conditional US& Permit citing the proximity of
the center to the proposed Rialto High school, and denial of
Conditional Use Permit No. 86-61 for the same reason. The file
for Conditional Use Permit No. 86-61 contains a letter of protest
from Councilman Hernandez to then Planning Director Frank Schuma,
protesting Conditional Use Permit No. 86-61 and a request that
the protest be made as part of the Planning Commission Hinutes of
February 3, 1987.
PolIce Department
The Police Department is opposed to the request to amend
Condition No. 1 of Review of Plans No. 89-40 restricting the
sales of alcohol at the retail center, and to Conditional Use
Permit No. 91-22. The reasons for their.opposition are discussed
above in the analysis section of this staff report and are
contained in the Police Report (Attachment "H").
CONCLUSTON
The neighborhood retail commercial center- is located less than 60
feet from the new Rialto High School. Sales of beer and wine at
the center could impact the health, safety and welfare of the
3,000 or more students expected to attend the school when it
opens in the fall of 1992. A preVious application for off-site
sales of alcohol at that location under Conditional Use Permit
No. 86-61, was denied because of its potential for impacting the
health as safety of the future high school students. The current
owner of the center gave assurances to the Rialto Unified School
District when the center was under consideration by the City,
that there would be no alcoholic beverage sales permitted at the
center. The owner also willingly agreed to Condition of Approval
No. 1 of Review of Plans No. 89-40 restricting alcohol sales at
the center. The owner has requested the amendment to Condition
No. 1 in spite of these assurances.
Because the Amendment to Conditions and Conditional Use Permit
applications were deemed complete prior to June J, 1991, the
Development Code does not apply. However, under the Development
Code, the proposal would be considered a convenience store and
would not be allowed because it is located within 1,000 feet of
Rialto High School. The applications are subject to the
Convenience store Ordinance, HC-770, which was in effect at the
time the applications were deemed complete. HC-770 also
restricts convenience stores from locating within 1,000 feet of
schools. However, the applications are in technical compliance
with HC-770, because the proposal does not meet the definition
contained in that ordinance for convenience stores; although the
...
.....
::":'~IIfI~
~ PAGE10Fl fot.<<ll
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP 89-40/CUP 91-22
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
9
~
delicatessen/market is slightly over 2,000 square feet, it is
located within a structure larger than 5,000 square feet. The
intent of the definition of convenience stores in HC-770 was to
differentiate larger grocery market from convenience stores. The
proposal, therefore, does not conform to the intent of HC-770.
The applicant's prior record of sales of alcohol to minors brings
into question his al:llity to operate a facl1ity with off-site
sales of beer and wine less than 60 feet from a high school. The
Rialto Unified Sc~ool District, Police Department, and Councilman
for Ward 3 are all opposed to the approval of the Amendment to
Conditions and Co~ditional Use pe:sit requests for the various
reasons cited above.
RRCOMMI:NDA'I'ION
staff recommends
the Amendment to
No. 89-40, which
deny Conditional
that the Planning Commission deny the appeal of
Condition of Approval No. 1 of Review of Plans
restricts the sales of alcohol at the center and
Use Permit No. 91-22.
Respectfully sub2itted,
&..C6/
Assistant Director, Planning and Building Services
1f'~Qo.Q R.~
Michael R. 'Finn
Associate Planner
Attachment "A"
Attachment "B"
Attachment ",""
w
Attachment "0"
Attachment "E"
Attachment "F"
- Hunicipal Code and General Plan Conformance
- Findings of Fact
- Conditions of Approval
- Standard Requirements
- Letter Requesting an Aaendment to Conditions,
Review of Plans No. 89-40
- Letter of Appeal of DRC's Denial of Amendment
to Conditions, Review of Plans No. 89-40
Attachment "G" - Copy of HC-770
Attachment "K" - Police Report
Attachment "I" - Site Plan and Floor Plan
Attachment "J" - Location Hap
....
PUH-I.DI pAGE lOF , '.<<11
Ill"' Ill' .. ....-m
---
rl'C-:.ac:u-nent. ."'1.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
OBSERVATIONS
r
ATTACHMENT "A"
cat@9ory
Prono~~l
Permitted Use
Off-site sales of
beer and vine in
a delicatessen/
market
Height
19 feet
Setbacks
Front
10 feet
Side-street
10 feet
Floor Area Ratio
0.7
Landscaping
2,029 sq. ft.
(14 percent)
33 spaces
Parking
CASE l)"O QQ_..4n/f"'n'D Q1_"
AGENDA ITEM
HEARING DATE
PAGE
Municipal
~
Permitted
subject to
a CUP
2 stories
or 30 feet
5 feet
5 feet
0.3
750 sq. ft.
(5 pe:cent)
29 spaces"
4
9-3-91
10
"""II
General
f.Wl.
N/A
2 stories
or 30 Feet
N/A
N/A
0.7
N/A
N/A
.. 7,038 square feet of gross floor area requiring 1 parking
space per 250 square feet of gross floor area.
...01
cn'l'.._.........,
---
PLM-UI PAGE tOF 1 (4010)
At1:achment
liB II
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RPRQ-40/rTTP Q, _"
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
11
r
ATTACHMENT "B"
CONDITIONAL USK P~RMI~ ~rNOINGS O~ ~ACT
1. The proposed delicatessen/market with off-site sale of beer
and wine conforms to the objectives of the City's Gene:al
Plan, in that it is a permitted use in :he CN, Commercial
Neighborhood, General Plan land use designation, subject to
the approval of a Conditional Use Permit.
2. Given the applicant's previous history of violations of
selling alcohol to minors and the fact that the p:oposal is
located less than 60 feet from the high school under
construction, the proposed use could adversely affect the
adjoining land uses and the growth and development of the
area in which it is proposed to be located, in that it has
the potential to make alcohol more accessible to the high
school students and to teenagers, who are particularly
susceptible to alcohol abuse with the potential to increase
crime.
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
multi-tenant retail center located on the site was approved
under Review of Plans No. 89-40.
4. The traffic generated by the proposed use will not impose
any undue burden upon the streets and highways designed and
improved to carry the traffic in the area, in that the
traffic resulting from the commercial development located
on the site was reviewed by the City Traffic Engineer under
Review of Plans 89-40. The parking provided is adequate in
that it satisfies Municipal Code Requirements.
5. Based upon the above given Findings, the granting of this
Conditional Use Permit could be detrimental to the peace,
health, safety and general welfare of the 3,000 or more
students expected to attend the new high school in the fall
of 1992, and the citizens of the City of San Bernardino at
large.
............ __'OF' (<-lIOl
Gn:.~.~
Attachment "CII
CITY OF SAN BERNAROINO PLANNING
AND BUILDING SERVICES OEPARTMENT
CASE RP89-40/CUP91-22
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
12
~
.,
..
1.
~...tma1U) ~NnT'!'YO"S
2.
....
Kinor lIClcti~ications to the plan shall ]:)e sw,je~ to approval
~ the Di:ect:or ot Planninq. An inc:;-.... ot lIOre than 10
percent ot the square tootaqe or a siqniticant chanqe in the
approve~ c9ncept shall ]:)e sw,je~ to (Planninq Commission an~
Development Review Committee> review and approval.
Constru~ion shall ]:)e in sw,stantial contormance with the
Plans approve~ ]:)y the Development Review Co_ittee, Planninq
Commission or Di:ect:or ot Planninq.
'!'he c!eveloper is to sW=it a complete lUster l~cape anc!
i:::'iqation plan (4 copi_> tor the eati:;-e c!evelopment to the
ZDqineerinq Oepar=aent with the requirR tee tor approval, __
the lanc!scape plans will be tOrvar.:lR to the Parks,
Rec:eation, and Cc",...Wl1ty Servic_ . and the Planninq
Depart:Mnt tor revi_ and approval. (Hota: the issuance ot a
bai.J.~inq permit, ~ the Depart:aent ot Builc!inq ~ Satety ot
the City ot San Bernarclino, c!ces B2t waive the.e
requiraents/:Onditions. > No graclinq per.lits will be issued.
prior to approval ot l~cape plans.
'!'he ~iqn shall incl=e, but net be li.lllited. to the
tollowinq:
x
Sceet ce_ shall ]:)e plantR on:l 0 toot center
spacinq unl_s otherwise incticatR ~ the Departlllent
ot Pules, Recreation, ~ community Services. 'I'he
Parks Depar=ent shall cSetar.line the varieties and
locations prior to plantinq. Al.l ce_ shall be 24"
box specilllens. Tree. are to be 1nspec-=ed. by a Park
Division representative Drior to plantinq.
x
Planters shall be enclosed. with concrete cur=inq.
....... ~'0Jf I I....
-..-
-
'-,
,
RP89-40/CUP91-22
CITY OF SAN B~AROINO PLANNING
ANO BUILDING SERVICES OEPARTMENT
:0
"""II
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
13
r
3.
4.
5.
It.
'l'he secacb !=0Il the north _ , south _ ,
..st , west _ properey line shall be l:Ier=ed
at a:aximum 3:1 slope and shall l:Ie planted with a
tall !_cue type turf91'Ss.
A I.&nc1.cape butfer zone shall l:Ie in.talled between
tacilitie. and street.
x
'l'he landscape and irriqaUon plans shall cOllply with
the '-Procedure and Policy tor Landscape and
Irriqation- (available trom the Parks Department).
Subject to the Conditions ot the Oepart=ent ot Parks and
Recreation (attached).
1'2:ees, shrul:ls and qroundcover ot a type and quality qenerally
consistent or cOllpatible with that characterizinq .inqle-
family hOlle. shall l:Ie provided in the tront yard and that
portion ot th side yarc1s which are visible trOll the .ueet.
All lanclscaped area. must be provie!ed with an automatic"
irriqation .yst_ adequate to iDsure their viability. 'l'he
lanc!scape anc! irriqation plans shall l:Ie approVac1 by the Parks
aM Recreation Oepart:aent.
At all ti:les ~e busine.s will be operated in a manner which
c!oes not proe!uce ollnoxious DOise, vibration, odor, dust,
saoJce, qlare, or other nuisance.
A .iqn p~~... for the multi-tenant commercial/1ne!ust=ial
center shall l:Ie approved l:Iy the Planninq Depar't::llent prior to
isauance ot C&rt1ticate of occupancy.
In the event that this approval i. leqally challenqee!, the
City will PrOllptly notify the applicant ot any claim or
action and will cooperate tully in the detense ot the matter.
once DOtified, the applicant aqree. to de tend , 1nc!emnity, anc!
bole! har.Il... the City, its otticers, aqents anc! _ployee.
~ any claim, action, or proceedinq aqainst the City ot San
~. 'l'he applicant turther a9%'ee. to rei:lburse the
City ot any costs and attorneys' te_ which the City may be
reqIlired by a court to pay as a result ot such action, but
such perticipation shall DOt reli~e applicant ot his
obliqation under this conc!ition.
I
,."..... '.. 1 or 1 t"
---
-
-
1"'\
,...
--
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT-
CASE RP 89-40/CUP91-22
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
14
"'"
,...
Condition~ of Approval
6. All the Condition~ of Approval and Standard Requirement~ of
Review of Plan~ No. 89-40 shall apply with the exception of
Condition of Approval No. I, which shall be revi~ed to read
as follows:
RNO video arcades or nuisance type uses that may attract the
hi9h ~chool ~tudents shall be permitted in the proposed
center, 9iven the location of the Rialto Hi9h School in
relation to the center.. Should the Rialto Unified School
District ever abandon the ~chool ~ite, the re~trictions of
thi~ condition will no longer be valid.R
...
~,..===
lDI.AN-I.aI PAGE10F1 f4olOl
CITY OF SArQERNARDINO PLANtOG DEPARTMENT .
CASE RP89-40/Cl1Pg1 -22.
CONDITIONS
AGENOA ITEM
HEARING DATE
~AGE
4
9-3-91
1:1
Alcoholic Beveraae Conditional Use Permit
7. Atter 12 months ot operation of the ~usiness, the
. license owner, shall submit to the City two sets ot
mailinq labels of property owners and their address
and/or tenants addresses ot property within 500 feet ot
the exterior boun~a=ies ot the business property owned
by the licensee. A map illustratinq the 500 foot radius
boundary and all parcels within that boundary shall also
be submitted. This intormation shall be obtained ~=om
the latest San Bernardino County equalized assessment
roll and maps. Atter receipt ot the mailinq labels and
map, the City w~ll send an evaluation questionnaire to
those neiqhborinq property owners and residents,
Councilmembers and Police. This evaluation
questior~aire will ask questions about the operation
impacts ot the business, the ettectiveness ot current
conditions of approv~l and any proposed chanqes to the
conditions ot approval.
It any substantia~ed and substantial neqative
evaluations are received or at ~. City'S discretion, a
public hearinq with the Planninq Commission shall be
held. Opon no':ice by the City, ~itt7 percent ot the
latest Conditional Ose Perm1~ application tee shall be
paid by the appli:ant tor the preparation of the
evaluation report to the Planninq commission.
Atter the public hearing the Planning Commission may
modify any existinq conditions ot approval, add new
conditions ot approval or revoke the Conditional Use
Permit. These revised conditions or revocations shall
be permanent and subject to appeal to the Mayor and
Common Council within 15 days atter imposition.
- ~
The above process
operation impacts may
years ot operation as
ot evaluation of the business
be required in any subsequent
determined by the city.
l
CITY OF SA~ERNARDINO PLAN~G DEPARTMENT .
.~ ''-'.CASE RP 89-40/CUP 91-22
CONDITIONS
-
AGENDA ITEM 4
MEARING DATE ~-91
PAGE
..r
Operation guidelines that the licensee should follow in
the sellinq of alcoholic b.veraqes are:
Not permittinq drinkinq in the parkinq lots.
Not allowinq drunks on the pr..i....
- Discouraqinq loiterinq on ~~. premises and
conqreqation of qroups of people.
Not sellinq to minors or .omeone under the
influence.
- Maintaininq a clean store and parkinq lot,
includinq immediate trash pick-up and qraffiti
removal, and maintaininq the l~ds=aped areas.
Limitinq sales of individual or small amounts of
b.veraqes that could be consumed im=ediately on or
near the store premises.
8. Arcade qame machines .hall not be located on the
pr.mises.
9.
10.
11.
12.
13.
14.
Outdoor public telephones shall not be allowed.
Alcoholic beveraqe .hall not be allowed to be con.umed
on the premises (in.ide or outside) of the project
property under ownerShip of the license..
There shall be sufficient, maintained exterior liqhting
to identity any person or their activities by ~e Polic.
of any property under ownership of the licensee.
Two documented Alcoholic Beveraqe Control violation. for
sales to minors or to someone under the influence .hall
result in the immediate revocation of a store's
Conditional Use Permit.
The outside area shall be kept clean by immediate trash
piCk-Up and/or sweepinq, all qraffiti shall be removed
within- se,.n days of occurrence and the developed areas
shall be properly maintained.
The above
shall be
location.
Conditional Use Permit conditions of approval
posted inside the store at a prominent public
BERNARDINO PLA~G DEPARTMENT
CASE RP89-4n/~TT'Pq,_,.,.
CITY OF S~
CONDITIONS
AGENDA ITEM 4
HEARING DATE 9-J-~1
~AGE
""r
15.
Possible additional conditions ot approval, based upon a
neqative evaluation process outlined above, include but
are not limited to the tollowinq conditions.ot approval:
Tvnical Condi~iofts of A~roval
Alcoholic Bev.raae Coftdi~ional Us. Parmit
A. Arcade qame machines shall not be located on the
premises.
B. outdoor public telephones shall not be allowed.
C. Signs sayinq "No loiterinq", "No litterinq" and "No
public drinkinq" shall be posted in the tront, rear
or sides <as appropriate) ot the establishments.
Store employe.. shall be required to advise anyone
loiterinq to leave.
D.
Alcohol beveraqes shall not be
consumed on the premis.. < inside or
project property under ownership ot
allowed to be
outside) ot the
the licensee.
E. There shall be sufticient maintained exterior
liqhtinq to identity any person or their activities
by the Police ot any property under ownership ot
the licensee.
F. Sales ot sinqle beer or wine cooler containers
shall not be permitted. Beer must be sold only in
six-packs and wine coolers in four-packs.
G. CUps and corkscrews or individual servinqs of ice
shall not be sold, except soft drink dispensers.
B.
Wine shall not be sold in containers
750 1M. or with an alcoholic content
1St.
smaller than
qreater than
I. Business bours tor sale of alcoholic beveraqes
shall be restricted from openinq earlier than 7:00
a.m. or closinq later than 9:00 p.m.
J.
Only
one siqn advertisinq "liquor" sball be
'"
CITY OF S.Q BERNARDINO PLAroIN~PE!~I~:J~~!22'"
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
:J J-~l
allowed. Neon beer or wine window signs visible
trom the outside shall not be permitted.
K. Retriqerated beer or wine shall not be sold.
L. Alcoholic beveraqe sales shall not constitute more
than 30' ot the markets shelt space.
M. Alcoholic beveraqe sales shall not constitute more
than 30' ot the gross sales, and quarterly receipt
records shall be made available for City
inspection.
N. All alcohol sales shall be by clerks 21 years of
aqe or older.
O. Two documented Alcoholic Beveraqe Control
violations for sales to minors or to someone under
the influence shall result in the immediate
revocation ot a store's Conditional Use Permit.
P. The outside area shall be kept clean by immediate
trash pick-up and/or sweepinq, all graftiti shall
be r_oved within seven days ot occurrence, and the
landscaped areas shall be properly maintained.
Q. on-site security patro~' quardcoveraqe shall be
provided durinq business hours.
R. On-site electronic surveillence shall be required
durinq business hours.
S. The display area tor the sale ot alcohol beveraqe
shall be limited to the rear one-third of the
store.
T. Tbe eDove Conditional Use Permit conditions of
approval shall be posted inside the store at a
prominent public location.
/ke
At't.acnment:. liD"
CITY OF SAN BER RDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE P 89-40/CUP 91-22
AGENDA ITEM 4
HEARING DATE Cl-1_Cll
PAGE 19
STANDARD REQUIREMENTS
P"
.,
COMMERCIAL. INDUSTRIAL
1. Conditional Use Permit no. 91-22 shall be in effect for a
period of 12 months from the date of approval. However, if no
development has been initiated at the end of the 12 month
period, the application shall expire. Additional time may be
approved upon request of the applicant prior to expiration of
the 12-month period. Expiration Date: September 3, 1992
" 2. PARKING:
a. This 9~velopment shall be required to maintain a minimum
of standard off-stree~ parkinq spaces.
b. All parkinq and drivinq aisles shall be surfaced with two
inches of AC over a suitable base or equivalent as
approved by the City Enqineer. Parkinq spaces shall be
striped and have wheel stops installed at least three
feet from any buildinq, wall, fence, property line, or
walkway.
c. Whenever an off-street parkinq area is adjacent to or
across an alley from property zoned residential, a solid
decorative wall six feet in heiqht shall be erected and
maintained alonq the property line so as to separate the
parkinq area physically from the residentially zoned
property provided such wall shall be three feet in heiqht
when located within the required front or street side
yard setback. Where no front or street side yard is
required, such wall shall be three feet in heiqht when
loca-:ed within ten feet of the street line. "
d. Whenever "an off-street .parkinq area is located across the
street from property zoned for residential uses, a solid
decorative wall or equivalent landscape berm not less
than three feet in heiqht shall be erected and maintained
alonq the street side of the lot not closer to the street
than the required depth of the yard in the adj oininq
residential area. No fence or wall located in the front
setback shall obscure the required front setback
landscapinq.
l.
::":'J~. ~
1If.M.a.1G JIl.aE1~t ~
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
RP89-40/CUP91-22
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
20
STANDARD REQUIREMENTS
P'
3 . REFUSE ENCLOSURES:
Whenever refuse bins are located within or adjacent to a
parking area used by the public, they shall be enclosed by a
decorative wall six feet in height along the rear and sides
and screened gate(s) six feet in height al~ng the front. The
enclosure shall not be placed within the required front or
street side yard setback area. Exact location and size of
refuse enclosures are to be determined by the Planning
Department and Division of Public Services Superintendent.
WALLS:
a. Six-foot high solid decorative walls shall be required on
the north , soutb , east , and west or
peripheral~ property lines. (Oiily those marked"with
"X" or check mark apply).
4 . LANDSCAPING:
c.
d.
e.
...
.... 01' ... --....0
__ 1-
The intent and purpose of this section is to prevent trees and
other landscaping from damaging public improvements.
a.
Street trees must be installed at a minimum of 30 feet on
center. Varieties and exact location shall be determined
by the Director of Parks and Recreation.
All required setbacks abutting a public right-of-way
shall be landscaped (except for walks and driveways which
bisect or encroach upon the required landscape area).
Four (4) copies of a landscape plan (including plant
material speCifications) shall be submitted to the
Engineering Division for review and approval.
All required landscaping shall be protected from parking
areas and shall be provided with automatic sprinkler
facilities which shall be maintained in an operative
condition.
b.
Interior planting shall be required and maintained equal
to at least five percent or ten percent of the open
surfaced parking area excluding the area of landscaping
strip required by subsection "b" and shall include at
least one tree for every five spaces or major fraction
thereof. Measurements shall be computed from the inside
of perimeter walls or setback lines.
.....
I'UNoI.l0 .AGE.OF. 10.<<1)
CITY OF SAN BER RDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP89-40/rUPcl1_?2
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
21
r
~
f. The required setbackes) from the nc~~, south, ____,
east ____, west ~ property l~ne shall be densely
landscaped with mature trees, shrubs, and qroundcover. A
-foot landscaped earthen berm shall be erected and
maintained within the setback alonq the above indicated
property line.
ILLUMINATION:
5.
a. All liqhtinq fixtures in the parkinq areas shall be
directed away from adjacent properties and the publio
riqht-of-way.
6.
MECHANICAL EQUIPMENT:
a. Air conditioninq and vent ducts shall be directed away
from any adjacent residential uses, and all sides of the
buildinq shall be free of any external vents and
mechanical equipment includinq, but not limited to,
conduits and ducts.
b.
All buildinq-supported
roof equipment, ladders
ducts) shall be enclosed
architectural elements;
shall not be permitted.
c. All qround-supported equipment such as transformers and
air conditioners shall be located within the buildinq, in
underqround vaults, and/or behind approved landscapinq
~ masonry walls.
mechanical equipment (includinq
and air conditioninq and vent
within the buildinq's primary
independent screeninq devices
d. All utility service boxes, connections and service lines
shall be painted to match the buildinq exterior on which
they are located.
e. All existinq overhead utility services and wirinq shall
be relocated underqround.
f. All utility systems includinq qas, electric, telephone,
wa<;;er, sewer and Cable TV shall be provided for
underqround, with easements provided as required, and
designed and constructed in accordance with City Codes
and the utility provider. Telephone, Cable TV and/or
security systems shall be pre-wired in the structures.
Compliance with all recommendations of the Geoloqy Report
shall be required (if applicable).
....
.... ...~
- -
.....
~.o ~llGE 10F 1 16Cll
CITY OF SAN BER RDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP89-40/CUP 91-22
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
22
.,
.
Grading and revegetation
city Engineer in order
exposed to precipitation.
During construction, the City Engineer may require a fence
around all or a portion of the periphery of the site to
minimize wind and debris damage to adjacent prc?erties. The
type of fencing shall be approved by t~e City Engineer to
assure adequate project site maintenance, clean-up and dust
,
control.
shall be staged as required by the
to reduce the amount of bare soil
Within 75 feet of any single-family residential district, the
maximum height of any buildinq shall not e~ceed one story or
20 feet unless the Commission determines that due to unusual
topographical or other features, such restrictive height is
not practical.
7.
No Certificate
compliance with
provisions of the
of Occupancy sha:l be issued prior to
these Standard Requirements as well as all
San Bernardino Municipal Code.
8. SIGNS:
All signs shall be in conformance with San Bernardim,
Municipal Code Section 19.60. Four (4) copies of a plot plat.
and elevation of the sign drawn to scale shall be submi~ted
to the Planning Department for review and approval prior to
issuance of the sign permit from the Building and Safety
Department. .
... ar .. .-.-a
- -
....
PI.oUM.10 PAGE 1 OF 1 ,..."
~..,~W."'T''''
CITY OF SAN BER ARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP 89-40/CUP91-22
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
9-3-91
23
r-
""""I
COMPOSITE DEVELOPMENT PLAN
9.
A Composite Development Plan (COP) shall be filed with the
Engineering, Planning, and Building and Safety Departments
prior to Final or Parcel Map processing by the City pursuant
to Ordinance No. MC-592. The COP shall provide additional
survey and map information including, but not limited to,
building criteria (e.g. setbacks), flood control criteria,
seismic and geological criteria, environmental criteria and
easements of record. The COP shall be labeled with the title
"Composite Development. Plan", and contain a section entitled
"Composite Development Plan Notes". The applicant shall have
listed under the COP Notes section the following conditions or
mitigating measures required for the development of the
subject property:
The property owner shall sign a covenant running with the land
agreeing that if the required landscaping is not maintained,
the City may enter on the the property and install and main-
tain the required landscaping and may lien the property for
the costs. The covenant shall be signed and recorded with the
County of San Bernardino Recorder's Office prior to the
issuance of any Certificate of Occupancy. In addition, a
landscape maintenance easement shall be filed with the Recor-
der's Office, which gives the City the right to enter the
property and perform maintenance to the required landscaping.
latlO/9/90
DOC:PCAGENOA
DOCUMENTS
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PL..M-I.10 PaGE 1 OF , f44D)
Attach:nent "Ell
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i1r. Lam.:! Reed, Director
Building ond Plllnning Ser/ices
City of Son Bernllrdino
300 North 0 Sl
511n Bernllrdino, ClI. 92418
Morch 25, 1991
Deor Mr. Reed,
On beMlf of my client, Linkletter/~=~s Co., we Ijre requesting on
omendment to condition number one, ReYieVl' of ?l:ns 89-40, in order to
process lIn opplicotion for 0 conditionol use permit thot will 0110'1'1' the
off-premise sole of beer lInd wine lit II proposed deliclItessen/mllrKet lit '
the project site.
~n application for IJ conditionlll use permit for the sale of beer and wine
';"till be filed concurrent ';"tith this letter of request for on omendment of
condi t ion.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
. CASE RP 89-40
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
1. No alcobol sales or video arcades in the proposed center, given
the proposal of the Rialto Scbool District to construct a bigb
scbool on the property adjacent to the project site across Pepper
Avenue on the west. Sbould the ?ialto Scbool District ever aban-
don tbe proposed scbool site, the no alcobol/no video arcade con-
dition will no longer be valid.
2. Two feet of landscaped overbang shall be vice wheel stops wherever
feasible in parking spaces. In those parking spaces fron~ing a.
concrete walkway, a two foot curb and sidewalk extension may be
used vice wheel stops.
C6 RP8940COA
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Accachrnent "F"
Mr. John Montgome~, Principal Planner
9uiiding end Planning Services
Ci ty oi San Bernardino
300 North D Sl.
San gernardjno, Co. 92418 July a, 1991
Re: ~e',1iew oi ?lons No. 39-40, Amenament to CondHon NO.1
Dear Mr. Montgomery,
On behelf of my clients, we ,re oppealing to the Plonning Commission the
Development Revie':'t Committee's denial of our request to emend Condition-
No. I os stoted in Review of PIons No. 89-40.
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.'"1.-c.~a.c.~"nen"C ...,
ORDINANCE NO. Mr.-Q
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 19.23 TO THE SAN BERNARDINO MUNICIPAL CODE TO-'
REGULATE THE CONS'l'RUC'l'ION AND OPERATION OF CONVENIENCE
STORES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDL'lO 00 ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.23 of the San Bernardino
Municipal Code is added as tollows:
nChapter 19.23
CONVENIENCE STORE REGULAT=~N
19.23.010 Applicability and Review
The regulations set torth in this Chapter shall
apply to convenience
which
are
defined as
stores
establishments which provide for the retail sales of
groceries, staples, sundry items and/or alcoholic beverages .,
within structures ot less than tive thousand (5,000) square
teet of gross tloor area.
The establishment of new
convenience stores shall b. allowed in the CN, CG-l, CG-2,
CG-3, CG-4 and 0.-2 land Ose Designations and approval.
19.23.020 Regulations
Convenienca stores shall be const--ucted and operated
in the tollowing manner:
A. The Minimum site area shall be ~en thousand (10,000)
square t..t.
s. The site shall have direct trontage along a major or
secondary street.
The site shall not have direct
access on a local residential street.
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..~- '~:mIN~OE . . . . . . ADDING ,..,.." .....,,("\ 9 . 2 3 TO REGtTLATE THE
CONSTRUCTION AND OPERATION OFCO~IENCE STORES
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C.
One access drive lIII!ly.be permitted tor each street
trontaqe.
The desiqn and location ot the access
drive (5) shall .be SWlj ect to the approval ot the
Developlllent Review Committee. Additional acce.. drives
lIII!ly.be approved SWlj ect to the recommendation ot the
city Enqi:leer.
D.
No convenience stora shall .be located less than one
thousand (1,000) teet trom an existinq or previously
approved convenience store, or an existinq ele=entary,
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junior hiqh school, or hiqh school, as lIleasured trom
the nearest distance trolll one property line to another.
E.
All on site liqhtinq shall .be enerqy
etticient,
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stationary and directed away'trom adjoininq properties
and pulllic riqhts-ot-way.
All on_ita signac;e shall comply with the provisions ot
Chapter 19.60 ot this Code.
All on_ita parkinq and lanclscapinq shall comply with
the provisions ot Chapter 19.56 of this Code. A
parkinq plan shall.be developed as part ot the permit
G.
review process.
All installed landscapinq shall .be
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per.aanently lIII!lintained.
The pr_ises shall be kept in a neat and orderly
condition at all tiDes.
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l!C- 770 (')
ORDINAN~ ...... ADDING CHAPTER a. 23
CONSTRUCTION AND OPERATION OF CONVENn:NCE
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TO REGULATE
STORES
THE
I.
Every parcel with a structure shall have a trash
receptacle on the premises. The trash receptacle sh&ll
comply with adopted Public Works Depart=ent standa--ds
and be of sufficient size to accommodate the t--ash
generated. The receptacles(s) shall be screened from
public view on at least three (3) sides by a solid wall
six (6) feet in height and on the fourth side by a
solid qate not less than five (5) feet in height. The
gate shall be maintained in working oraer aDd shall
remain closed except when in use. The wall and gate
shall
architecturally
the
be
compatible
with
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surrounding st--uctures.
The cashier location shall provide direct visual access
to the pump islands and the vehicles parked adjacent to
the islands.
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A bicycle rack design to accommodate a minimum of six
(6) bicycles
shall be installed in a convenient
location visible from the inside of the store.
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Each convenience store shall provide two (2) public
restrooms located within the store: one (1) for men and
one (1) for women.
Public pay telephones provided on-site shall not be set
up for incominq calls., Public telephones shall be
featured with callout service only.
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:.1C:~:INAblQ ...... ADDING ~9.2J
CONSTRUCTION AND OPERATION OF CONVENn:NCE
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TO REGULAT!: THE
STORES
on-site video gaaes JUly no1: be inst:a~~ec! or operated on
t:he premi.s_.
A convenience store adjacent to any residenti~2y
desiqnatec! district sba~~ have a six (6) toot hiqh
decorative JUlSOnry wa~~ a~onq property ~in_ adjacent
to such cii.stricts.
U~ parJcinq, 1oac!inq, circulation ais1_, and pump
is~ana bay areas sba~~ be constructea wit:h (PCe)
concrete.-
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liC-770 ,r"\
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ORDINA.,~ . . . . .. ADDING CHAPTER .23 TO REGULATE THE:
CONSTRUC:IO~ AND OPERATION OF CONVENIENCE STORES
I HEREBY u:.tdl:FY that the toraqoinq ordinance was
cluly acloptecl by the Kayor ancl C01IIIIIon council of the City
of San Bernaraino at all ad10urned recular _tinq thereot.
held on the ~hclay of ~ch , 1991, by the following'
counc:il M.mbers ~ KAYES
ESTRADA ....L-
REII.:.Y X
FLORES X
MAUDSLEY X
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M:INOR ....L-
POPE-WOLAK ....L-
MILLER ....L..
vote, to wit:
~.~m
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f.A-A .hL.
city CJ.erk
/}vI.. ~- ~1
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The foreqoinq orainance is hereby approvecl t . '--://~h..,
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/W. R/ HaicOllQ:,. .,.yor ./
City of satl Berurclino
,
clay of
Approvecl as to form
anel laqal content:
JAMES F. PENMAN
CitY.1ttorney Ie
By: '1t'J."""'- f. -~
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\ p01.Ies COHC&IUCI Attachment "H"
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FOR-CONDITIONAL USE PERKITS F~LCOHOL BEVERAGE LICENSES
APPLICATION
LOCA~IOM. 505 S. Pepper Avenue (Peppermill Mini-Mart & Delil
Conditional u.. Permit
"o~ 91-22
Iteporting District SC312/Rn21o
Part I Crimes 64
Persons 13
Property 51
Cencus ~ract 44
On Sale A-8/E-3
General Vicinity
Off Sale A-7/E-5
(1 pending 1
Distance ~o Meare.tl
School Rialto Hiah School
(SWCI Mill St & Pepper Ave
Church Wnrl" 'Prnpht=tt',:a, M;n;Q~ry rhl1,-t'!h
1099 Pepper Avenue
Park Nicholson Park
2373 W. 2nd Street
ABC On Sale Licensed Premises
~h;~n'~ r~~,. 7Rln R;~'~n Av.
ABC Off Sale Licensed Premise. 2Itks~t~~n"ho
Area AM/PM, 2898 Rialto Ave.
Distalai~~~\~c;j~\~~ii.~A~lace
2828 W. Mill St.
2915/2905 W. Chestnut
Distance of Building to Residence
2828 W. Mill St
2915/2905 W. Chestnut
(')R/D Average -55% (1987)
Part II Arrest.
Alcohol Related
Past 90 days:
Alcohol related
PART II Arrests
PART I Crimes
10
6-60%
2=11%
18
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Distance
60'
1 mile
9/10 mile
5 I' 0 mile
~ mble
I.L m1.Le
~8 ~il;
192'
213'
168'
176'
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CUP #91-22
INVESTIGATION:
On 05/09/91, I received the investigation for a Conditional Use Permit
(CUP #91-22) which had been submitted by Bassam Askar for the Peppermi11
Mini Mart , Deli, 505 S. Pepper Avenue, San Bernardino. The nature of
this project will be an approximate 2,283 sq. ft. Italian mini mart/deli-
catessen in an existing retail center which is located on the southeast
corner "of Mill Street and Pepper Avenue. The proposed business will sell
grocery items, produce, beverages, delicatessen items and will include
the off-site sale of beer and wine. All delicatessen items will be
prepared for take out and no on-site dining facilities will be provided.
The business will have three full-time employees in addition to the
applicant, who will operate the business. The proposed business hours
are 0700 to 2200 hours, Sunday thru Thursday, and 0700 to 2300 hours
Friday and Saturday. The delicatessen hours will be the same as the
business hours. The applicant will apply for a Type 20 off-sale beer/
wine ABC license pending the approval of this Conditional Use permit.
I received information from Mike Finn, the assigned planner, that the
retail center was constructed in 1989 under Review of Plans #89-40. The
center is located across Pepper Street from Rial to School District I s
proposed new high school site. The center was conditioned for no alcohol
sales at the re~~est of the Rialto School District with the agreement of
the applicant. The applicant is also requesting an amendment to the
conditions of approval for Review of Plans #89-40 to remove the condition
restricting alcohol sales at the center.
I researched the case file for 505 S. Pepper and located information
regarding Conditional Use Permit #86-61, which was submitted for that
location and investigated by Oet. Rice on 02/02/87. The police depart-
ment recommended denial of Conditional Use Permit #86-61. Conditional
Use Permit #86-61 was later denied by the Planning Commission and
appealed to the Mayor and Common Council, held on March 9, 1987. The
Mayor and Common Council closed the hearing, affirmed the decision of the
Planning Commission for denial and adopted several findings of facts (see
attached copy).
I later contacted Associate Planner Mike Finn, who advised me that he had
received a letter of opposition from the Rialto Unified School District
Superintendent Marlon Foxworth, PhD, and Facilities Planning Coordinator
Kent Van Gelder and an additional letter of opposition from" COl.:ncilman
Jess Flores regarding Conditional Use Permit #91-22 and amendment to
conditions for Review of Plans 89-40. Mr. Finn provided me with copies
of those letters (see attached copies).
On OS/23/91, I contacted Rialto Unified School District Superintendent
Marlon Foxworth and Facilities Planning Coordin~~o]:'.__~.'@!l_ Gelder. I
was advised that construction"."crr""tn--Iilgn-scnool had begun J:ii---OCtober
1990 and the school was scheduled to begin operation in September of
1992. They advised me that the Rialto Unified School District is
strongly opposed to Conditional Use Permit #91-22 and the amendment to
conditions for Review of Plans 89-40. They advised me that the retail
center was originally approved with conditions restricting alcohol sales
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CUP #91-22
PAGE 2
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INVESTIGATION:
(cont'd)
and that is why it was not opposed by the Rialto Unified School District
and now the business wants to change the conditions. allowing for the
sales of alcoholic beverages. They confirmed that the Rialto Unified
School District remains opposed to the sale of alcoholic beverages at the
neighborhood shopping center and encourages the City to uphold the
existing conditions of approval on the project as stated in their letter
of opposition.
On OS/23/91. I contacted ABC Investigator Barbara Lyons regarding the
location at 505 S. Pepper Avenue. Investigator Lyons advised me that the
applicant. Bassam Askar. had not yet applied for an ABC license and that
she had not received any letters of opposition regarding the proposed
business.
On OS/24/91 at approximately 0930 hours. I conducted an interview with
applicant Bassam Askar at the San Bernardino Police Department regarding
his application for a Conditional Use Permit. During the interview. I
discussed the proposed business with Mr. Askar. He advised me that he
anticipated that alcohol sales would represent approximately 6% to 10% of
the business' s total sales. He advised me that when he had leased tlJ.e
property from the property owner. he had been advised of the cond it ion
restricting alcohol sales. however. felt that he would be able to have
the condition amended. He said that if he is not able to obtain an ABC
license for that location. he would continue with plans of the business.
howev'3r. with non-alcoholic beverages. During the interview. he also
advised me that he was going into the business in partnership with his
uncle. Allen Grayer. however. advised that he (Askar) would operate the
business. He planned on beginning operation of the business on or about
July 4. 1991.
During the interview. I asked Askar several standard investigative
questions. one of which was. "Have you ever been arrested?" Askar
advised me that he had never been arrested anywhere for anything. Later
during the interview. Askar told me that he did not want to lie to me and
that he had one violation for sales to a minor. which he received while
he was working as a clerk at his brother's liquor store in Duarte in
1985. He said that he was placed on probation and has not had any other
violations and has not been arrested for anything else. Askar advised me
that he would provide me with further information regarding his partner.
Allen Grayer. at a later time.
On OS/28/91. I contacted ABC Investigator Barbara Lyons regarding the
applicant. Bassam Askar. Investigator Lyons reviewed the case file for
Askar and advised me that Askar had completed an application for an ABC
license for Fontana Liquor' Mini Mart on 03/14/91. She said that Askar
completed the application. however. failed to list the previous violation
for sales to a minor in his personal affidavit. which required him to
do so. She said that notification of the pending license was sent to
Fontana Police Department and she was later contacted by Lt. Fowkes from
the Fontana Police Department. who advised her that Askar had a previous
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CUP .91-22
PAGE 3
INVESTIGATION:
(cont 'd)
conviction for sales to a minor on October 8, 1987, in Monrovia. He was
convicted and received a three year probation and fine. Investigator
Lyons said that she later contacted Askar and questioned him regarding
his previous conviction, at which time Askar advised her that he had
forgotten. Investigator Lyons also advised me that Fontana Liquor & Mini
Mart had been cited for a violation of sales to a minor in October of
1990.
Because of the inconsistencies in Askar's statements during his interview
as well as during his contact with ABC, I obtained a criminal history on
Askar. Upon reviewing the criminal history, I observed that Askar had
been arrested on 12/10/82 by the Los Angeles Police Department for PC211
(robbery). The disposition of that case was listed as a "detention only,
lack of probable cause." I also observed that Askar had been arrested on
04/27/83 by the Burbank Police Department for PC496 (receiving known
stolen property). That incident was also listed with a disposition of
"detention only, insufficient evidence." Askar's citation on 10/08/87 by
Arcadia Police Department for B&P25658 (A) (sales of liquor to a minor)
was listed as a misdemeanor conviction.
After reviewing the criminal history, I contacted Det. Skinner of the
Burbank Police Department regarding the PC496 arrest. Det. Skinner
provided me with a copy of the arrest report and briefly advised me that
the case involved stolen property which was being received from various
convenience stores throughout the area which culminated in several search
warrants of residences, which resulted in numerous stolen property being
recovered. She advised me that she had participated in the investigation
and that Askar had been arrested at a house where a search warrant had
been served and stolen property recovered. Askar was arrested and
booked, however, no charges were subsequently filed on him.
On OS/28/91 at approximately 1140 hours, I spoke to Mr. Askar on the
phone regarding his application. During the conversation I questioned
him regarding the information I had received from his criminal history as
well as from Burbank Police Department. Askar then told me that he had
not left anything out and that he had told me everything. When I
questioned him regarding the PC211 arrest in 1982, he advised me that he
had been arrested, however, released and no charges were filed. He then
told me that he had been arrested in Burbank in 1983 or 1984 for something
that his brother did and that no charges were filed. He told me that he
had not told me about the incidents because he did not think that they
were anything and did not consider them arrests. I then asked Askar
about the violation for sales to a minor in July of 1990 at Fontana
Liquor. He then told me that he had recently purchased Fontana Liquor
from his brother, approximately three months ago, and that he was present
at the business at the time that it was cited for the violation, however,
did not own the business at that time. He said that a clerk working at
the business received the citation. Askar could add no further.
During this investigation, I reviewed San Bernardino Municipal Code 19.23
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CUP #91-22
PAGE 4
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INVESTIGATION:
lcont'd)
regarding convenience store regulation. On reviewing the section. it was
my opinion that the convenience store fell within the guidelines of the
section, which constricts a convenience store from being located within
1000' feet from an existing elementary. junior high school or high school.
I also obtained a copy of the ABC section of the new development code
that will become effective on June 3, 1991. which states that structures
subject to an off-site ABC license shall not be located within 500' of
any religious institution, school. or public park within the city.
COMMENTS FROM AREA RESIDENTS:
On OS/23/91, I contacted several residents who live in the immediate
vicinity of this site.
I spoke with Chatchai Viriyapanthu, 2915 W. Chestnut Street, who advised
me that he is opposed to the proposed business and feels that the business
might cause undesirable subjects to come into the neighborhood and would
bring problems to :~e area, such as intoxicated subjects, disturbances,
etc.
I spoke to Cosme Tellez and Virginia Tellez, 2942 W. Chestnut Street. who
advised me that they are both opposed to the business because of the
close proximity of the business to the high school. They advised me that
the high school al~ne will cause problems and that beer and wine sales at
the business will make it worse because of the availability of alcohol to
the students. They feel that the business will cause problems to the
surrounding area which will include drunks. fights, thefts, and tran-
sients in the area.
I spoke to America Aquilar, 2954 W. Chestnut Street, who advised me that
she has no opposition to the business.
I spoke to Helen Bozonier, 2966 W. Chestnut Street, phone number 820-
1505, who advised me that she is opposed to the proposed business because
of the close proximity to the school. She said that she has worked as a
recreation director in the City of Los Angeles for the past fifteen years
and knows the impact that alcohol has on children, which is devastating.
She said that the business would cause problems to the area as well as to
the high school and that youngsters will come off of campus to buy
alcohol despite restrictions placed on them by the school. She said the
business will bring problems to the area which include trespassing,
burglaries, thefts, intoxicated subjects. etc. and will cause problems
both to the area as well as for the police department.
I spoke to Penny Grunwald, 2996 N. Chestnut Street. who advised me that
she is not opposed to the business.
I spoke to Debra Barnekow, 2985 W. Chestnut Street, who advised me that
she is opposed to the business because of the close proximity to the high
(
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CUP #91-22
PAGE 5
COMMENTS FROM AREA RESIDENTS:
(cont'd)
school. which will bring alot of young kids into the area and cause
problems to the area residences.
I spoke to Pamela Soloman. 2965 W. Chestnut Street. who advised me that
she is not opposed to the business.
I spoke to Kathy Campbell. 2955 W. Chestnut Street. who advised me that
she has no opposition to :he business.
I attempted to contact the residents of 2828. 2915. 2905. 2918. 2906.
2930. 2978. 2988 and 2995 W. Chestnut Street with negative results. I
also attempted to contact the residents a-:: 2828 W. Mill Street with
negative results.
AREA COMMANDER COMMENTS:
A notification form reglfrding the proposed business was sent to Area
Commander Lt. R. Curtis. I later received a response from Lt. Curtis who
advised that he recommends denial due :0 the previously approved and
planned Rialto Unified School District high school in the immediate area.
Approval will encourage sales to minors. adults purchasing alcohol for
minors. loitering at the shopping center, incidents of public intoxica-
tion both on and off campus. and increased fighting and violence both on
and off campus.
POLICE DEPARTMENT RECOMMENDATIONS:
Based on the aforementioned investigation which includes Conditional Use
Permit lI86-61 to permit the sale of alcoholic beverages for off-site.
-consumption at the retail center located at the southeast corner of Mill
Street and Pepper Avenue which was denied by the Police Department. the
Planning Commission and ultimately by the Mayor and Common Council who
affirmed the decision of the Planning Commission for denial and adopted
the findings of facts. which included that the proposed use, the sale of
alcoholic beverages for off-site consumption. will not be compatible with
the proposed use of a high school to the west across Pepper Avenue, the
sale of alcoholic beverages, therefore, will adversely effect the growth
and development of the area in which it is being proposed and that the
granting of the Conditional Use Permit to allow the sale of alcoholic
beverages for off-site consumption will be detrimental to. the peace,
health, safety, or general welfare of the citizens of San Bernardino in
addition to the conditions of approval for Review of Plans lI89-40 which
conditioned the location for no alcohol sales at the request of the
Rial to School District with the agreement of the applicant, as well as
San Bernardino Municipal Code convenience store regulation 19.23.010
which could possibly apply to this location. This application was
submited just prior to the effective date of June 3. 1991. for the ABC
section of the New Development code. which is intended for this type of
business and has been legislated to minimize the impact of this type of
business on the community.
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CUP 191-22
PAGE 6
POLICE DEPARTMENT RECOMMENDATIONS:
( con t I d )
The applicant. Bassam Askar. also made false statements to the police
department during the investigation of this application. as well as to
the Department of Alcoholic Beverage Control during a separate business
transaction regarding prior arrests and convictions raises questions as
to his moral character. The close proximity of the proposed high school
and potential police problems that could arise due to the availability of
alcoholic beverages within 60' of the new high school site. as well as
the above listed information. provide the basis for the police depart-
ment's recommendation of denial.
Respectfully submitted.
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(0
CUP 1191-22
ADDITIONAL INFORMATION:
Mr. Askar's uncle, Allen Grayer.
him, therefore, he will continue
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decided not to go into partnership with
with the business as the sole owner.
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C'
IU.JECT. AlC LICENSE APPLICA'ION
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;jC&~i{~ <-
DAfI. s- &-'1/
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We ~eceiyed a notice on the lilted Alcoholic leverage license
arid ~equelt your input. prior to approving or protesting tbe
application.
.1.a.. raturn tbis form to tbe Vice Detail .itb Jour comment.
ftO later then -11- ~ I . If.e recdve ftO response
from JOu by tbat ate, it .i1 be considered that JOu do not
beve any interest in tbis ..tter.
ADDRESS. sm- S. fU'f'lP 1J1If..
APPLICANT. ( IYItT. J. OU.iJ
"YPE OF LICENSE. T'!'r. 2-D . 11J/,.,;. 1'1/"11;{
YOUR COHHENTS. LIII' t:7J /- 22. [(faM Y II[U IAMfmkM
.uv;p 11'/1 LlflllfJlrIllIlYIW/JArnr ~ ~ (fN/}..&i"lIW) LfJTLat1:A,IILiQl/LJl1lU)
I rec~nd denial due to the previously approved and planned P.ialto Unified
School District high school in the i~diate area. Ap~roval uill encoura~e
sales to ~inors adults purchasing alcohol for ~inors, loitering at the shoPpin9
center, incidents of public intoxication both on and off campus, and increased
fighting and violence both on and off campus.
8Y, ~,r to.l'?~
Lt. Robert ~. Curtis
Area Comnander/Areas A & C
,
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K.' J A L T 0 OJ 1\J I FIE D
SCHOOL DISTRICT
'.l&ALlNC.FOX'.VORTH.PfI.O. 182 5asl Walnul Aven;Je ~lallQ. Caldornla 323;6.3598
SU".,,",.ndem
BOARD OF
e"uc:.l noN
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:lAVIO C,lPE~OUTO
Assista "':: 5uaenn..r.denr
auStness ServICes
April 17, 1991
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Michael R. Finn, Associate Planner
City of San Bernardino
Planning and Building Services Dept.
300 North 0 Street
San Bernardino, CA 92418
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RE: CONDITIONAL USE PERMIT NO. 91-22 AND AKENDMENT TO
CONDITIONS FOR REVIEW OF PLANS 89-~0
Dear Mr. Finn:
The Riaito Unified School District has received the City's
notification regarding the above mentioned project and is opposed
to any change of existing conditions that would permit the .ale of
alcoholic beverages at the site.
The 7,000 square foot neighborhood retail center is directly across
the street from a new 3,000 student high school which is currently
under construction. The District is concerned ~hat the publ ic
health, safety and welfare of its students ~ill be jeopardized by
the project.
When this project was first under consideration, the applicant,
Linkletter Development, provided assurances that there would be no
alcoholic beverage sales permitted on the property, and that it
would not oppose Condition No. 1 of the review of plan No. 89-40.
As a result, the Rialto Unified School District did not oppose the
project because the applicant knew 3 school was going to be built
across the street.
The Rialto Unified School District remains opposed to the sale of
alcoholic beverages at this neighborhood shopping center and
strongly encourages the City to uphold the existing conditions of
approval on the project.
Sincerely,
.
J9J~~
Marlin Foxworth, Ph.D.
Superintendent
.
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Kent Van Gelder, Coordinator
Facilities Planning
MF/KVG/kp
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT m RP89-40/CUP91-22
CASE
LOCATION
r AGENDA "I
ITEM #
HEARING DATE 9-3-91
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PLNH.' 1 PAGE 1 OF 1 14-101
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Moyor ond Common Counci 1
City of Son Bernordino
300 North 0 Street
Son Bernordino, C6. 92416
October 18, 1991
Re: Conditionol Use Permit No. 91-22 and
Review of PIons No. 89-40. Amendment
to Conditions
Subject: Appeal of the Plonning Commission's Decision
to deny, October 8, 1991
Mayor ond t1embers of the Common Council,
On behalf of Linkletter-Perris llnd Mr. Sam Askor, we ore appealing the
Plonning Commission's deniol of the Amendment to Conditions.> Review of
PIons No. 89-40 ond Conditionol Use Permit No. 91-2f.
By woy of this letter, we request thot our oppeol be heard ot 0 public
heoring ot 0 regulorly scheduled meeting of the Moyor ond Common Council.
Please odvise occordingly.
~'s~'ctfU~~
oh lightburn
s Office Box 1622
:on Bernordino, Co. 92402
714-381-2656
cc: Mr. 5. Askor
505 South Pepper Ave. "A
San Bernordino, Ca. 92410
Mr. Bernord Weiner
Li nk] etter-Perri s
765 Baker Street
Coste Mesa, Ca. 92626
EXHIBIT "B"
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CITY OF SAN BERNARDINO PLANNING AND BUILDING S RVICES DEPARTMENT
OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY
OF SAN BERNARDINO MAYOR AND COMMON COUNCIL
SUBJECT' REV",," OF PLANS NO. '9-40 - "MEN""ID" TO CONOmON (WARO')
(APPEAL) AND CONDITIONAL USE PERMIT NO. 91-22 3
PROPERTY LOCATION: Subject property is a rectangularly-s~~?ed parcel
of land consisti,-g of about 0.54 acres located at the south east
corner of Mill Street and Pepper Avenue having a frontage of about
179 feet on the south side of Mill Street and a frontage of 190
feet on the east side of Pepper Avenue and further described as
being located at 505 South Pepper Avenue, Suite A.
PROPOSAL:
The applicant requests approval of a Conditional Use Permit
under authority of Code Section 19.83.500 (Urgency Ordinance)
to permit an Italian Delicatessen/~axket with off-site sales
of beer and wine in an existing neighborhood retail center
and a request to amend a Condition of Approval restricting
the sales of alcohol at the neighborhood retail center constructed
under Review of plans No. 89-40. .
HEARING DATE AND TIME:
Monday, December 2, 1991 2:00 p
SITE
'ff'
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PUBLIC HEARING LOCATION: ~ .
SAN BERNARDINO CITY HALL
COUNCIL CHAMBERS
300 NORTH "0" STREET
SAN BERNARDINO. CA 92418
ACWfal'" GftC"ObG" ofl"- DfOPOUIllon*""N ~"'8uIIdInO s.-
o.......... at Cilf'~' It ~ L*e1UnMf1fttOrtMllDl'......pl'IlIlIOUlgnor...
;MIDlIC nMN'19o plHSe CQl'1IKI'" "'..-.0....... s.wc- ~ npnan
or DY pIIOIWIQ ,714, 314-5057.
TN MayOr"" eornmon CcM,IncIl.,..... yout - - .\0&1.......
to aIWld. you may tuOft'lIlI.mtenc:DlftlM"!S lI'l.....afor Ift~." DfCIDIlIIIIW
:N Pt.,.,w19 anllIluIIdU"9 s.nrcn o.panrnenl. s.n iIem8JGIftO~""" 3DO NcIftft "0"
S--. san e.n-ono. CaIdOrflIIi 12411.
0eCI'" cttl'le ~ CoftVnIU'ClI''' hNlcoranwllJ.......lftOlIWI9L c.on-
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~ to:-. JMyOf and COIM'IDftCOIftlL AppMIItDN""'_CorrIINlI'lc.o-cl
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City CJeftI. 81C1f'1Q..m eN ~ _...... ~0I:yI ot........tllft__tor
p__ MapS" Tenr,pve TI'Kl ""-..
GenetaI ,"an "'......om.ntlaI'O A.._.4....nllION.........COCII............
,.., be fotWaIGICIlO:M Mayor WId eomrnon COunCil tor finIIl iICIlDII.
"you c:'Ial" :".~ac:DDnor1M Mayor II'lCIc:ornmonCounol IftCOl4.,..
mavDIIllfftlMCllO '..Slngon'Y'na......youOlSQll'lllClfW............guDIC~
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EXHIBIT C
NOV 02 '91
10:28AM PPAPKER COVERT & CHID
/.,
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1-'.2
o
ClAYTON H. ~
IPINCER E. COVERT
.~ A. OCJESTER
JON.IInw. J, WTT
"OlIllLAS N. YEOMAN
llAAWE L ItNG
CYNnIA A. YOUNT
IIIIC T. UTI<
MICHAEL L OWENS
MICHAEL VIA. TOY
L-'W OFFICES
PARKER. COVERT & CHIDES'J.'Jli.K
111112 EAST SEVEN1&NTH ITFlUT
~~.~~r]r,.!y '~Lm
'91 GEe -2 P 1 :59
TElB'HONE (714) 5~
TELECCINIl (714) ~
fIEF. aJR FU
December 2, 1991
RI-20
City of San Bernardino
300 North "0" Street
San Bernardino, California 92418
Attention:
City Council
Off-Site Sales of Alcohol By
Italian Delicatessen-Market
(Request For Conditional Use Permit
No. 91-22 and Amendment of Review of
Plans No. 89-40)
Dear Mayor and Members of the City Council:
Re:
This law firm represents the Rialto Unified School
District on the above-referenced..tter. For the reasons
which tollow, the Rialto Unified School District objects to
the qrantinq of the requested COnditional US8 Permit and
Amendment to Condition of Approval No. 1 of Review of Plans.
No. 89-40.
The existinq Neiqhborhood Retail Center located at the
southeast corner of Mill Street and Pepper Avenue was
constructed under Review of PlAna No. 89-40. At the tilDe the
subjaet Neiqhborhood Retail Center was under consideration,
the school district expressed its concern over the potential
off-si te sale of alcohol at the Retail Center since the
prOject would be located approximately sixty (60) teet from
the proposed Rial to Hiqh School. As a result Of this concern,
the School District and the owner, Linkletter-Perris aqreed to
Condition of Approval No. 1 to the Review of Plans No. 89-40
which states:
"No alcohol sales or video arcades in the
proposed center, qiven the proposal of
the Rialto School District to construct a
hiqh school on the property adjacent to
7dny\pr\rialto:cfty.N34
#3~
.
LMOPRcu 0
. PARKICR. COVERT.. CHIDESTER
o
City of San Bernardino
December 2, 1991
Page 2
the project site across Pepper Avenue on
the west. Should the Rial to School
District eVer abandon the proposed school
site, the no alcohol/no video arcade
condition will no longer be valid.-
On April 1, 1991, Bas8am Askar tiled tor an Amendment to
the Conditions ot Review of Plans No. 89-40 to remove the no
alcohol restriction of Condition NO.1, and to allow the
processing and approval of Conditional Use Permit No. 91-22.
tn response to this apPlication, the Rialto Unitied SChool
District submitted a letter dated April 17, 1991, which
conveyed its continued QPpoa1tion to the Amendment and
appl'oval of the Conditional Use i'em1t. A oopy of this letter
is attaChed hereto.
Government Code Section 65850 empowers the City by
ordinance to regulate the use ot bUildings, struotures and
land. The requested Conditional Use Permit is in olear
violation of the intent Of Ordinance No. MC-770 which statec
that:
"No convenience store shall be located
less than one thousand (1,000) teet from
an existing or previously appl"OVId
convenience ctol"e, or an existinCjJ
elementary, junior hiCjJh school, or high
school, as measured from the nearest
distance from one property line to
another."
The Amendment to Conditions for Review ot Plans No. 89-40
and approval of Conditional Use Permit No. 91-22 will
jeopardize publio health, safety and Welfare ot the over 3,000
new students which will be attending the Rialto HiCjJh School
when it opens this coming fall. The Off-site sale of beer and
wine at a delicatessen located only sixty (60) feet from the
new high sChool is contrary to public welfare and morals. The
7dny\pr\rialto,city.N34
\MllPfQS
PA.lUDCR. COVERT. C........I.c:r.&.....
o
o
City of San Bernardino
December 2, 1991
paqe 3
proposed Amendment and Conditional Use P.~it should be
denied.
DNY/par
Enclosure
cc: Kent Van Gelder
Coordinator
Facilities Planninq
Very truly yours,
~i*.~
for Parker, Covert & Chidester
7dny\pr\rlalto:clty.1J4
0:~0HM_ H 1<[ ('UY""A" , '~ CLHID TO,' I ,\1 I FIE [
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SCHOOL DISTRICl
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ClAVlDCAPlLOUTO
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April J7, 1991
r',nIlCr.. 171" 120.7712 'AJt~
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Michael R. Finn, Associate Planner
City of San 8ernardlno
Planning and 8uildlng SerVices Dept.
300 North 0 Street
San Bernardino, CA 92418
RE: COIfDITIONAL USE PERIIIT NO. 11-22 AND NlEHDHEHT TO
CONDITIONS FOR REVIEW OF PlANS 81-~
.. ......- -;
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DearlMr. Finn:
The Rlalto Unified School District has received the City's
notification regarding the above IIllntloned project and is OpPOSed
to any ehange of existing conditions that would permit the :ale of
alCoholic beverages at the site.
The 7,000 square foot neighborhood retail center Is directly across
the street from a new 3,000 student high SChool which Is.currently
under construction. The District Is concerned that th, public
health, safety and welfare of Its students 4fll be Jeopar4tltd by
the project. _
When this project was first under consideration, the applicant,
Linkletter Development. provided assurances that there would be no
alcoholic beverage sales permitted on the property, and that it
would not OPPose Condition No. 1 of the review of plan No. 81-40.
As a result, the Rialto Unified School District did not oppose the
prOject because the applicant knew a school was going to be built
across the street.
The Rialto Unified School District remains opposed to the sale of
alcoholic beverages at this neighborhood shOPping center and
strongl, enCOurages the City to uphold the existing conditions of
approval on the project.
Sincerely,
.
~~~tn6(
Marlin Foxworth, Ph.D.
Superintendent
MF/KVG/kp
.
ill _ ...
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Kent Van Gelder, COOrdinator
Facilities Planning
+ Youth: Our Most Valuable Resource +
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