HomeMy WebLinkAbout62-Planning
. CITY OF SAN BBRtOtblNO - itiQUIEST OR COUNCIL ACTION
Date: August 3l, 1989
Appeal of Planning Commission
Denial of Conditional Use
Permit No. 89-22
Mayor and Council Meeting of
September 18, 1989, 2:00 p.m.
Brad L. Kilger
From: Director of Pla1Jlltt.-AJil14Ut, Mf. Subject:
Dept: Planning . SEP -1 PM 2: \6
Synopsis of Previous Council ection:
Ne CcJ4.1elt. HtGf{LAN? ~ AR..~
No previous Council action.
Recommended motion:
That the hearing be qlosed; that the appeal be upheld;. and, that
Conditional Use Permit No. 89-22 be approved subject to the Findings
of Fact and Conditions of Approval contained in the August 8, 1989
Planning Commission staff report(spppo~ts appellant's request and
staff recommendation to Planning Commission on August 8, 1989).
or
That the hearing be .closed; that the appeal be denied; and, that
Conditional Use Permit No. 89-22 be d' (supports Plann' g
Commission denial by a 4 to 3 vot
~
Contact person:
Brad L. Kilger
Phone:
384-5057
Supporting data attached: Staff Report
Ward:
7
FUNDING REOUIREMENTS:
Amount:
n/a
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Council Notes:
75-0262
Agenda Item NO~:l.J
, CITY OF SAN BERt()IDINO - REQUEST OR COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Planning Commission Denial of Conditional
Use Permit No. 89-22
Mayor and Council Meeting of September 18, 1989
REOUEST
The applicant, Seman Nimeh, is appealing the denial of
Conditional Use Permit No. 89-22 by the Planning Commission.
The applicant requests that the Mayor and Council reconsider
the denial and approve the conversion of a service station
into a mini-market which sells beer and wine.
BACKGROUND
Conditional Use Permit No. 89-22, which requested approval
under Code Section 19.28.020 (D) (3b) and 19.83.500, to
convert an existing service station into a mini-market which
sells beer and wine in a CG-1, Commercial General, land use
designation located at the northeast corner of East Highland
and Arden Avenues, was denied by the Planning Commission on
August 8, 1989 by a 4 to 3 vote. The Development Review
Committee (DRC) reviewed and recommended approval of the
project's site design on July 13, 1989. The DRC does not
address the issue of the sale of beer and wine in their
review. The project is exempt from the California
Environmental Quality Act.
The proposal complies with the City Code requirements for
design, circulation, signage, and parking. Three additional
parking spaces are required and four spaces have been
proposed.
The Police Department reviewed the proposal and opposed the
project based on saturation of the area with existing on- and
off-site sale licenses and police problems in the area;
However, if the Planning Commission decided to permit the
project, they proposed the following mitigation measures:
1. No sales of single unit cans and/or bottles of beer.
2. No wine sales in containers less than 705 mI. or with an
alcohol content greater than 15% by volume.
3, No ice sales in bags less than 7 pounds at or below
prevailing prices.
4. No game machines located within the premises.
5. No alcoholic beverages are to be consumed on property
controlled by licensee. "No Loitering" and "No Drinking
of Alcoholic Beverages" signs shall be posted :throughout
the parking lot and on the building.
6. The parking lot shall be equipped with lighting of
75-0264
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Appeal of
Mayor and
Page 3
Planni~commission Denial
Council Meeting of 9/18/89
,~
of CUP~. 89-22
sufficient power to illuminate and make
able the appearance and conduct of all
about the parking lot.
The applicant is in agreement with these conditions of
, approval.
easily discern-
persons on or
The Planning Commission reviewed the staff report and staff's
recommendation for condition approval. Staff's recom-
mendation was based on a evaluation of the factors of
compatibility with surrounding property, the relation of
crime statistics to location and size of alcohol outlets and
the type of alcohol proposed to be sold. However, the
Planning Commission felt that it was not appropriate for a
gas station/mini-market on a major thoroughfare to the
mountains to be selling beer and wine and because of the
possible exacerbation of crime problems in the area.
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
The Mayor and Council may deny the appeal and deny Condi-
tional Use Permit No. 89-22 or uphold the appeal and approve
Conditional Use Permit No. 89-22 with conditions.
RECOMMENDATION
That the hearing be closed~ that the appeal be upheld~ and,
that Conditional Use Permit No. 89-22 be approved subject to
the Findings of Fact and Conditions of Approval contained in
the August 8, 1989 planning commission staff report (supports
appellant's request and staff recommendation to Planning
Commission) .
or
That the hearing be closed~ that the appeal be denied~ and,
that Conditional Use Permit No. 89-22 be denied (supports
Planning Commission denial by a 4 to 3 vote).
Prepared by:
John E. Montgomery, AICP, principal Planner
for Brad L. Kilger, Director of Planning
C -
D -
Letter of Appeal to Mayor and Council
Statement of Official Planning Commis-
sion Action
Public Hearing Notice
August 8, 1989 Planning Commission Staff
Report
At1:a.chments:
A -
B -
mkf9/1/89
M&CCAGENDA:CUP8922
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Seman Nimeh
2402 E. Highland Ave.
Highland. CA 92346
RECEIVED-C:1Y CLERIC
'9J NJi 18 P2:53
August 17. 1989
City of San Bernardino
Planning Department
300 North "D" St.
San Bernardino. CA 92418
RE: Conditional Use Permit No. 89-22
Dear Sir.
I, Seman Nimeh, wish to appeal the decision of the Planning
Commission, given on August 8, 1989. to deny approval of
Conditional Use Permit No. 89-22.
I have been in business at my current location for nearly
eight years and have a good reputation with the community
surrounding this location. Two members of that community
took the time to come to the hearing held on August 8th
to give their support for the mini market and myself as a
responsible and reliable member of this community.
My station pumps approximately one hundred thousand gallons
of gas per month and serves a large geographic populace as
the station is centrally located at the freeway to Los An-
geles and the route to the mountains.
As a self employed small businessman it is difficult to
maintain a healthy business in today's market with just
a gas station (even with a garage). The trend is to con-
venience stores. People like the idea of picking up the
odd gallon of milk, loaf of bread or a quick snack at the
same time as buying their gas. I am simply a small business-
man trying to make a living and survive these sometimes
difficult economic times in the service station business
by adding the convenience of a small mini market for my
customers.
In their denial the Planning Commission addressed strictly
the alcohol license part of the permit and there was really
no discussion of the mini market itself.
In their denial they stated two reasons for denial: 1) the
number of off-site licenses allowed in the census tract and
2) the proximity of the market to the freeway to Los Angeles
and the route to the mountains. I would like to address these
o
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- 2 -
concerns as follows:
l) I would like to point out that my clientelle comes
from a much larger geographic area than the census
tract. Also, studies have shown that the increase
in the number of outlets does not increase the con-
sumption, but rather, spreads out where it is pur-
chased. As an example: there are two gas stations
on opposite corners of the same intersection sell-
ing 30,000 gallons of gas per week. A third gas
station is built on one of the corners of the same
intersection. The market does not increase because
of this third gas station, but rather, the 30,000
gallons of gas is distributed between the three
stations. One may give better service, be cleaner
with more personable employees and thus have more
of the trade than the others, but the basic market
stays fairly constant.
I would also like to point out that the ABC, accord-
ing to the California Business Code, has given no
opposition of the license indicating that there are
not too many licenses. The Planning Department
recommended approval and the Police Department,
though not expressly for the off-site license, said
they would not oppose it if they could make certain
stipulations, wnich I have no objections to.
As far as the proximity of the market to the free-
way to Los Angeles and the route to the mountains,
the committee members who objected seemed to be
concerned that people would purchase alcoholic
beverages and drink them while they were driving.
to Los Angeles or on the dangerous mountain road.
I would like to make two points here: l) It is
illegal to drink and drive on any road and I do
not see that what kind of road you are located by
should be a criteria for whether you may offer al-
coholic beverages for sale or not. Is proximity
to one road preferrable to another? The law is
clear - drinking while driving is illegal: 2) The
second point I would like to make is that there are
three other locations on the same route where tra-
velers may purchase, not only beer and wine, but
at at least one location hard liquor is sold. If
people are going to purchase these commodities
denial of my CUP is not going to inconvenience
or deter them at all, but it will certainly affect
me if I am not allowed to improve my trade by offer-
ing more convenience to my customers.
2)
.
o
- 3 -
o
In closing I would like to say that this country was founded
on a system of free enterprise. In this age of convenience a
small business like mine has to move with the times and offer
as many and as much convenience to it's customers as possible
in order to survive. I have a reputation for honesty, re-.
liability and responsibility in this community. The off-
site license is not the main issue for me. I am trying to
offer my customers more convenience by putting in a mini
market where they can make short stop or emergency purchases
while getting their gas and thus save an added trip to the
store - purchases such as milk, band aids, disposable dia-
pers, etc.. 'The ,off-site license is a very small part of
what is involved with a mini market.
I would even propose a six months trial as far as the off-
site licensing is concerned, but I need to put in the mini
market to keep my business viable.
r hope that this matter can be reviewed and perhaps we can
come to an agreement acceptable to all on this matter.
Sincerely,
/~d'V )//Ptll
Seman Nimeh
~(P2-- 03/3
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ATTACHMENT B
o
City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
NUmber:
Conditional Use Permit No. 89-22
Applicant:
ACTION
Meeting Date: August 8, 1989
Seman Nimeh
x
Approved Adoption of Negative Declarations and
Requests Subject to the Following Findings of
Fact, Conditions of Approval and Standard
Requirements (Attachment A).
Denied based upon the following Findings of
Fact.
Other.
FINDINGS OF FACT
The proposed use conforms to the
City'S General Plan in ~hat the
addition to an allowed use under
lished by the new General Plan.
2. The proposed use will adversely affect the adjoining
land uses and the growth and development of the area in
which it is to be located in that there are two mini-
markets offering beer and wine within 500 feet of the
proposal.
1.
objectives of the
proposal is for an
the guidelines estab-
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 can accommodate the proposed change in use
and satisfy all requirements for setbcks, landscaping,
parking and access.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area,
and adequate on-site parking is provided in that High-
land Avenue has two traffic lanes in each direction and
adequate parking spaces are provided.
5. The granting of the Conditional Use Permit under the
conditions imposed will be detrimental to the peace,
health, safety and general welfare of the citizens of
the City of San Bernardino in that the census tract
t:;ity of San BernO _no 0
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
Conditional Use Permit No. 89-22
Page 2
allows only six off-site outlets for alcohol and eight
exist. Allowing more outlets could contribute to higher
crime rates in the area.
YQn
Ayes:
Nays:
Abstain:
Absent:
Clemensen, Corona, Lopez, Stone
Cole, Lindseth, Sharp
None
Nieraan
I, hereby, certify that this
accurately reflects the final
Commission of the City of Sa
Statement of
determination
Bernardino.
Official Action
of the Plal'\ning
rad L. Kilger, Director of Planning
Name and Title
cc: Project Property OWner
Project Applicant
Building and Safety Dept.
Engineering Division
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PCAGENDA:
PCACTION
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ATTACHMENT C
Public Hearing Notice
A notice of the appeal hearing was sent to the property
owners within 500 feet of the subject property and the
applicant at least ten days prior to the hearing, as per
Municipal Code Section 19.8l.020. A copy of this notice
is attached.
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OFFICIAL NOTICE OF PUBLIC HEARING
BEFORE THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL
APPEAL OF
" .
Conditional Use Permit No. 89-22
'"
.
THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE
MAYOR AND COMMON COUNCIL BY the applicant.
,
SUBJECT: Appeal of Planning Commission Denial of WARD '*
Conditional Use Permit No. 89-22 7
PROPERTY 2402 East Highland Avenue
LOCATION :
- , -
PROPOSAL: To permit the conversion of one repair bay and office
area into a 675 square foot mini-market and to permit
the sale of beer and wine.
-"
PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL
COUNCI L CHAMBERS
300 NORTH "0" STREET
SAN BERNARDINO, CA. 92418
r
HEARING DATE AND TIME: September 20, 1989, 2:00 p.m.
A DETAIL.ED OESCRIPTION OF THE PROPOSAL. IS ON FIL.E IN THE PLANNING DEPARTMENT AT CITY
HALL. IF rou WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PIlIOR TO THE PUBLIC
HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING
(714) 384-5057.
THANK YOU.
,
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.I>"W-:
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Attachment D
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
5
8-8-89
7
Conditional Use Permit 89-22
APPLICANT' Seman Nimeh
2402 E. Highland Ave.
Highland, CA 92346
OWNER, Texaco Refining and Marketin
ll50 Mountain Avenue
Uland CA
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The applicant requests approval of a Conditional Use Permit to
permit conversion of one repair bay and office area into a
675 square foot mini-market and to permit the sale of beer and
wine.
The .52 acre parcel is located at the northeast corner of
East Highland Avenue and Arden Avenue at 2402 East Highland.
PROPERTY
prQ
North
South
East
West
EXISTING
LAND USE
Service Station
Vacant
Vacant
Commercial
Conunercial
General Plan
DESIGNATION
CG-l
CG-l
CG-l
CG-l
CG-l
ZONING
CG-l
CG-l
CG-l
CG-l
CG-l
GEOLOGIC / SEISMIC DYES FLOOD HAZARD DyES OZONE A !] YES
HAZARD ZONE Iil NO ZONE J6lNO OZONE B SEWERS DNO
HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT DYES
HAZARD ZONE ESNO CRASH ZONE ESNO PROJECT ARE^ I! NO
.J o NOT o POTENTIAL SIGNIFICANT Z lID APPROVAL
~ APPLICABLE E FFE CTS 0
WITH MITIGATING - lID
ZlI) MEASURES NO E.I.R. Iii CONDITIONS
ILl 1a..0
'2(1) ~ EXEMPT o E,LR, REQUIRED BUT NO D DENIAL
I Z Ia..Z
z- SIGNIFICANT EFFECTS ILl
00 WITH MITIGATING j!::1 0 CONTINUANCE TO
a::Z MEASURES tn::l
S;&L 0
Z oNO o SIGNIFICANT EFFECTS (,)
1&.1 SIGNIFICANT SEE ATTACHED E,R, C, l&J
EFFE CTS MINUTES a::
NOV. 1911 REVISED .lULY I".
.KY
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE ~T1'PRq_,.,
OBSERVATIONS
AGENDA ITEM
HEARING DATE
, PAGE
5
8-8-89
:.!
1. REOUEST
The applicant requests approval of a Conditional Use Permit
under authority of Code Section 19.28.020 (D) 3b to permit
the conversion of one repair bay and the office area of an
. existing service station into a mini market. Under authority
of Code section 19.83.500 (2.110) he also seeks to sell beer
and wine in the mini market. The site is designated as CG-l,
Commercial General-1 by the General Plan (see Attachment G-
Site Plan). .
2. SITE LOCATION
The subject property is a .52 acre parcel, located at the
northeast corner of East Highland Avenue and Arden Avenue at
2402 East Highland Avenue (see Attachment H - Location map).
3. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed use is consistent with the San Bernardino
Municipal Code and the General Plan adopted by the Mayor and
Common Council on June 2, 1989, (see Attachment A - Municipal
Code and General Plan Conformance).
4 . CEQA STATUS
The proposal is exempt from the California Environmental
Quality Act under Section 15301 Class 1 (a).
5. BACKGROUND
The service station existed prior annexation of the site into
the City on December 27, 1967. Two Conditional Use Permits
(CUP) have been issued for a service station at this
location. In 1972, CUP 82-38 was approved for an addition to
the existing building. In 1985, another Conditional Use
Permit was approved to demolish the existing building and to
rebuild a new station. These changes were not completed
until after November, 1986 when building permits were issued.
The current application was filed June 6, 1989, and reviewed
by the Development Review Committee on July 13, 1989.
CITY OF SAN B
NARDINO PLANNING DEPARTMENT
CASE CUP89-22
OBSERVATIONS
AGENDA ITEM 5
HEARING DATE --f-A-AQ
PAGE
6. ANALYSIS
The Proposal
The proposal is to covert an existing repair bay and office
area into a 675 square foot, single-room mini market. Also,
the applicant requests a CUP to sell beer and wine for off-
site consumption.
Setbacks/Code Requirements
The existing service station was completed in 1987. The
project met all current' requirements for setbacks, circu-
lation, parking and landscaping. The Municipal Code has not
changed these requirements. However, the Parks and
Recreation Department has added Conditions of Approval
requiring street trees in accordance with the plan for
Highland Avenue (see Attachment A - Municipal Code and
General Plan Conformance).
parking
The change in use of the 675 square feet proposed for a mini
market will require three additional parking spaces. The
plans reflect four new parking spaces on the west side of the
project, one more than is required for the new commercial
use. The application proposes a total of eleven spaces which
meets the current requirements.
Traffic
Highland Avenue is a major arterial with four, lanes and a
turn lane. The City Traffic Engineer did not require a
traffic study as the proposed use will not create an impact
on the existing streets.
Signs
Currently, the service station has several signs, all of
which are within the city requirements. Traditionally, the
city has had problems with mini markets in that signs cover
the windows, exceeding sign codes. Conditions of Approval
o 0
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP89-22
OBSERVATIONS
AGENDA ITEM 5
HEARING DATE 8-8-89
PAGE 4
""
have been added requiring Planning Department review of all
signs including banners and penants. At no time are window
signs to cover more than 30 percent of the window.
Surrounding Uses
,
The existing service station is situated at the northest
corner of Highland and Arden at the entrance to the Crosstown
Freeway. Restaurants are located to the east and west of the
project. A vacant lot separates the station from residental
property to the north. The Crosstown Freeway is proposed to
continue south of the site. The nearest residential use is
located 168 feet north of the project on 23rd Street. The
distance meets the Alcohol Beverage Control Board's
requirement for a 100 foot separation. The proposed mini
market will not impact the surrounding land uses.
Existing Beer and Wine Outlets
The police report lists eight outlets for off-sale licenses,
within the census tract in which the proposal is located.
Attachment F illustrates six of these outlets. Two mini
markets are located within 500 feet of the proposal. Within
1000 feet of the proposal there are two restaurants and a
liquor store. In addition, two on-site licenses ar.... located
within 1000 feet of the proposal. Of the eight licenses
located within the census tract, one is approximately a mile
from the proposal, near Highland and Palm and two are located
approximately 1500 feet away on Sterling above 23rd Street.
In summary, the census tract has two more outlets for off-
sale than allowed, only two are within 500 feet, and two more
outlets are within 1000 feet.
crime In General Area
The police report and attached map illustrates the crime rate
in the general area. The four police report districts and
the comparative crime rates are shown on Attachment E. The
map illustrates the crime rate for the area surrounding and
to the northeast of the proposed mini market is 66 percent
below the City average or minus 66 percent. The crime rate
southeast of the proposal is 75 percent below the City
""
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE C"lIPRQ-22
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
5 ,
8-8-89
5
average. The crime rate southwest and northwest of the
project constitutes a serious problem. West of Arden and
south of Highland the crime rate is 197 percent above the
city average. Northwest of the site, the crime rate is 25
percent above the city average. The apartments located
between Dumbarton and Guthrie are well known for drug
problems. However, a liquor store and a restaurant selling
beer and wine are located north of the apartments across
Highland. Both Von's Grocery store and Thrifty Drug store,
located to the west of the apartments, have off-sale
licenses.
Compatibility
Historically it has been difficult to determine the compat-
ibility of a proposed beer and wine outlet with the
surrounding area. Guidelines can not be established for
relative location because each location is unique. The
General Plan addresses the retail sale of small items versus
large items. There is no direct correlation between the
location of an outlet and crime statistics. The number of
outlets in a particular geographic area does not reflect the
space allotted to the sale of liquor nor the amount of liquor
sold. There is not a differentation between beer and wine
sales versus hard liquor in the number of outlets allowed in
one geographical area. The Planning Department makes
recommendations based on an evaluation of all of these
factors. Crime, location of other outlets, number of outlets
within the census tract, and size of the outlet proposed are
all weighted in making an analysis of the proposal.
The Police Department's report notes high crime near the
area, saturation of the census tract and proximity of other
outlets as potential problems. They have submitted
conditions of appoval limiting the sales of unit cans or
bottles of beer, the size of wine containers and the
alcoholic content, as well as the size of ice bags and the
,price. In addition, they suggest no game machines on the
premises, as well as better lighting in the parking lot.
These conditions have been added as conditions of approval to
insure the proposed outlet does not become a police problem.
I..
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CtJP89-22
OBSERVATIONS
AGENDA ITEM
HEARING OATE
PAGE
c;
A-:R_Rq
Clearly, the service station serves a geographically broader
market than the census tract. For example, in addition to
Highland Avenue being a major east west arterial street for
City traffic, traffic bound for Los Angeles from .the
mountains would use the Arden Avenue entrance to the Cross-
town Freeway. Presently, if a traveler wants ,beer along
Highland he has two choices within 500 feet of the proposal.
The city does not limit the number 'of mini markets. The
crime rate for the police reporting district and 'the one
south of the site are substantially below the city's average
and two similar ou~lets already exist. The crime rate west
of the proposal is -extremely high due to the drug , problem in
the apartments. The apartments already have alcoholic
outlets more conveniently located. The Municipal Code allows
the sale of ,small retail items including food in the CG-l
land use district. Therefore, the mini market would be
permitted by right in the zone. However, the Code does
require a Conditional Use Permit, when a service station is
proposed for another use. The mini market as proposed would
be compatible with the surrounding land uses.
It would appear the sales of beer and wine,
Conditions of Approval the Police Department
be compatible with the surrounding area.
Comments Received
limited by the
require, would
The Police report is attached. The.Alcohol Beverage Control
Board commented that although they were not in favor of the
location, they had no specific problems with the application.
All City Departments reviewed the project during the Develop-
ment Review Committee meeting. Their Standard Requirements
are attached.
8. CONCLUSION
The proposal meets all Municipal Code requirements tor
development in the CG-l, Commercial General-I, designated
area. The Development Review Committee recommends approval
of the site plan. The use is compatible with the surrounding
area.
CITY OF SAN
RNARDINO PLANNIN DEPARTMENT
CASE CUP89-22
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
~
8-8-89
7
9. RECOMMENDATION
staff recommends that the Planning Commission:
Approve Conditional Use Permit No. 89-22 subject to the
following Findings of Fact (Attachment B), Conditions of
Approval (Attachment C), and Standard Requirements (Attach-
ment D).
Res,pectfullY SUb~it~
C:~.h/---
, ra L. Kilger
Director of Planning
")
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cJ-t2~ CZ I--
Vivian Ray
Planner II
ATTACHMENT A- Municipal Code and General Plan Conformance
B- Findings of Fact
C- Conditions of Approval
D- Standard Requirements
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ATl'1\CHMENl' "B"
,0 0
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
FINDINGS of FACT.
CASE CUP89-7?
5
8-8-89
ts'.
,
AGENDA ITEM
HEARING DATE
PAGE
1. 'The proposed use conforms to the objective of the city's
General Plan in that the proposal is for an addition to
an allowed use under the guidelines established by the
new General Plan.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in
that which it is to be located in that it is compatible
with the surrounding commercial uses and is located l68
feet from residential propoerty located on 23rd street.
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
not to the peace, health, safety and general welfare in
that the site can accommodate the proposed change in use
and satisfy all requirements for setbacks, landscaping,
parking and access.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area,
and adequate on-site parking is provided in that High-
land Avenue has two traffic lanes in each direction and
eleven parking spaces are provided.
5. The granting of the Conditional Use Permit under the
conditions imposed will not be detrimental to the peace,
health, safety and general welfare of the citizens of
the city of San Bernardino in that the proposal is for a
commercial 'use in a commercial area.
/nmg
,PCAGENDA:CUP89-22F
41
ATrACHMENl' IIC"
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE I"IIPRQ-n
CONDITIONS
'AGENDA ITEM
HEARING DATE
PA
r:;
R_R_RQ
.,
1. No sales of single unit cans and or bottles of beer.
2. No wine shall be sold in containers less than 705 ml.
3. No wine shall be sold with an alcoholic content greater,
than 15% by volume.
4. No ice shall be sold in less than 7lb bags at or below
prevailing prices. ,
5. No game machines shall be located within the premises.
6. No alcoholic beverages shall be consumed on any property
adjacent to the licenses premises under control of the
'licensee. Post "No loitering" and "No drinking of
alcoholic beverages" signs throughout the parking lot
and the building and on the building (according to San
Bernardino Municipal Code).
7. The parking lot of the premises shall be equipped with
lighting of sufficient power to illuminate and make
easily discernable the appearance and ,conduct of all
persons on or about the parking lot.
Such lighting plan shall be approved by the Police
Department prior to Certificate of Occupancy.
8.
Sign permits
signs shall
window.
shall be obtained for all
be limited to 30 percent
signs. Window
or less of the
PCAGENDA:CUP89-22C
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
, CASE CUP89-22
CONDITIO-NS
AGENDA ITEM
HEARING DATE
~
STANDARD CONDITIONS
9
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.11
x
12
x
13
x
14
x
Minor amendments to the plan shall be subject to approval by
the Director of Planning. An increase of more than lO
percent of the square footage or a significant chanqe in the
approved concept shall be subject to (Planning commission)
(Development Review committee) review and approval.
Construction shall be in substantial conformance with the
plans approved by the Development Review Committee, Planning
commission or Director of Planning.
Four sets of Landscape Plans, along with the
shall be submitted to the Enaineerina
processing. No grading permits will be
approval of landscape plans.
At all times .the business will be operated in a manner which
does not produce obnoxious noise, vibration, odor, dust,
smoke, glare, or other nuisance.
appropriate fee,
Denartlllent for
issued prior to
Subject to the Conditions of the Department of Parks and
Recreation (attached).
In the event that this approval is legally challenged, the
City will promptly notify the applicant of any claim or
action and will cooperate fully in the defense of the matter.
Once notified, the applicant agrees to defend, ind-.nify, and
hold harmless the City, its officers, agents and employees
from any claim, action, or proceeding against the City of San
Bernardino. The applicant further agrees to reimburse the
City of any costs and attorneys' fees which the City may be
required by a court to pay as a result of such action, but
such participation shall not relieve applicant of his
obligation under this condition.
~ sign program for the multi-tenant commercial/industrial
center shall be approved by the Planning Department prior to
issuance of Certificate of Occupancy.
csj/8-3-88
DOC:PCAGENDA
STNDCONDITIONS
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CITY OF SAN BERNARDINO
ST ANOARO' , REQUIREMENTS
CASE CUPS9-??
AGENDA ITEM 5
HEARING DATE A-A-A9
PAGE 11
...,
COMMERCIAL. INDUSTRIAL
,- ~ ...,--.------ ---- ------
1 x Conditional Use Permit 89-22 shall be in etfect for a
period of 12 months from the date of approval. However, if no
development has been initiated at the end of the 1,2 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: August 8, 1990.
2
x
PARKING:
a. This development shall be required to maintain a minimum of
11 standard off-street parking spaces.
b. All parking and driving aisles shall be surfaced with two
inches of AC over a suitable base or equivalent as approved
by the City Engineer. Parking spaces shall'be striped and
have wheel stops installed at least three feet from any
building, wall, fence, property line, or walkway.
c. Whenever an off-street parking area is adjacent to or
across an alley from property zoned residential, a solid
decorative wall six feet in height shall be erected and
maintained along the property line so as to separate the
parking area physically from the residentially zoned
property provided such wall shall be three feet in height
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 height when located within
ten feet of the street line.
d. Whenever an off-street parking 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 height shall be erected and maintained along
the street side of the lot not closer to the street than
the required depth of the yard in the adjoining residential
area. No fence or ~all located in the front setback shall
obscure the required front setback landscaping.
3
x
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 along the front. The enclosure shall
not be placed within the required front or street side yard
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CITY OF S
STANDARD REQUIREMENTS
BERNARDINO
CASE CUP89-22
AGENDA ITEM
HEARING DATE
PAGE
5
8-8-89
12
setback area. Exact location and
to be determined by the Planning
Public Services Superintendent.
size of refuse enclosures
Department and Division
.,
are
of
4
x
WALLS:
a. Six-foot high solid decorative walls shall be required on
the north x , south , east , and west or
peripheral ==== property lines. (Only those markea--with
"X" or check mark apply).
5
x
LANDSCAPING:
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.
b. 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).
c.
Four (4) copies of a landscape
material specifications) shall
Engineering Division for review and
plan ,- (~ncluding plant
be submitted to the
approval.
d. 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.
e. 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 lib" and shall include at least one
~=ee for every five spaces or major fraction thereof.
Measurements shall be computed from the inside of perimeter
walls or setback lines.
f. The required setback(s) from the north , south, x ,
east I west x property line Shill be densely
landscaped with mature trees, shrubs, and groundcover. A
-foot landscaped earthen berm shall be erected and
maintained within the setback along the above indicated
property line.
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CITY OF SAN BERNARDINO
REQUIREMENTS
CUP89-22
STANDARD
CASE
AGENDA ITEM
HEARING DATE
PAGE
5
8-8-89
l3
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a.
ILLUMINATION:
All lighting
directed away
right-of-way.
fixtures in
from adjacent
the parking
properties
areas shall be
and the public
6
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7
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MECHANICAL EQUIPMENT:
a. Air conditioning and vent ducts shall be directed away from
any adjacent residential uses, and all sides of the
building shall be free of any external vents and mechanical
equipment including, but not limited to, conduits and
ducts.
b. All building-supported mechanical equipment (including roof
equipment, ladders and air conditioning and vent ducts)
shall be enclosed within the building's primary
architectural elements; independent screening devices shall
not be permitted.
c. All ground-supported equipment such as transformers and air
conditioners shall be located within the building and/or in
underground vaults.
d.
All utility service
shall be painted to
they are located.
boxes, connections and service lines
match the building exterior on which
e. All existing overhead utility services and wiring shall be
relocated underground.
f. All utility systems including gas, electric, telephone,
water, sewer and Cable TV shall be provided for
underground, 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.
8 '
x
Com~liance with all recommendations of the Geology Report shall
be r:quired (if applicable).
Grading and revegetation shall be staged as required by the City
Engineer in order to reduce the amount of bare soil exposed to
precipitation.
During construction, the
around all or a portion of
wind and debris damage to
City Engineer may require a fence
the periphery of the site to m~n~mlze
adjacent properties. The type of
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CITY OF SA
STANDARD REQUIREMENTS
BERNARDINO
CASE
CUP89-22
AGENDA ITEM
HEARING DATE
PAGE
5
8-8-89
14
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fencing shall be approved by the city Engineer to assure
, adequate project site maintenance, clean-up and dust control.
9
x
Within 75 feet
maximum height of
feet unless the
topographical or
practical.
No Certificate of Occupancy shall be issued prior to compliance
with these Standard Requirements as well as all provisions of
the San Bernardino Municipal Code.
of any single-family residential district, the
any building shall not exceed one story or 20
Commission determines that, due to unusual
other features, such restrictive height is not
lO x
SIGNS:
All signs shall be in conformance with San Bernardino Municipal
Code Section 19.60. Four (4) copies of a plot plan and
elevation of the sign drawn to scale shall be submitted to the
Planning Department for review and approval prior to issuance of
the sign pe~it from the Building and Safety Department.
a. Monument-type signs shall not be located within the
required setback for the zoning district in which the sign
is located. The monument sign shall be located a minimum
of 5 feet from the property line. If the monument sign is
located within the setback, it shall not exceed an overall
height of three (3) feet.
b.
All freestanding
clearance between
the sign.
signs must have eight (8) feet of
average ground level and the bottom of
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CITY OF SAN BERNARDINO
ST ANDARD REQUIREMENTS
,.
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CASE
CUP89-22
AGENDA ITEM 5
HEARING DATE tl-tl-tl9
PAGE , l;
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BUILDING AND SAFETY DEPARTMENT
11
x
l2
x
13
x
14
x
15
x
16
x
ll...
Submit plans prepared by a Registered
Architect or Civil or structural Engineer.
Submit a complete lateral and structural analysis prepared by a
Registered Civil or Structural Engineer or Architect.
Submit State of California Title 24 Energy Calculation Forms
for non-residential buildings
including a signed compliance statement.
Submit calculations and structural
Registered Civil Structural Engineer
following items:
drawings, prepared
or Architect, for
by a
the
Submit floor plan of existing structure. Label all uses and
existing materials of construction.
Submit 'four complete sets of construction plans including:
a. Copy of conditions.
c. Energy Calculations.
d. structural calculation.
Submit a preliminary
liquefaction analysis)
do so.
(soils) (geology) (soils and geology with
report prepared by a person licensed to
Submit a single line drawing of
all equipment, conduit and wire
service ground size and grounding
the electrical service. Show
sizes and types. Show the
electrode.
Submit panel schedule(s) and electrical plans.
Permit required for demolition of existing building(s) on site.
Submit a
system.
equipment
plan of the heating, ventilating or air conditioning
(Clearly identify the location and rating of the
and the sizes and material of all ducts, registers and
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CASE
CUP89-22
CITY OF SAN BERNARDINO
REQUIREMENTS
STANDARD
~
AGENDA ITEM
HEARING DATE
PAGE
6
8-8-89
H
, ~
the location of all fire dampers). Show means of providing
mechanical ventilation as required by the 1982 Uniform BUilding
Code.
17
x
Submit gas pipe loads, sizing calculations and isometrics.
Provide a plot plan showing the location of the proposed sewer
system.
Submit a letter clearly indicating the intended use of all areas
of the building. List the materials to be used and the projects
produced giving the amount of each kept in the building. If the
building is used for more than one purpose, list all other uses.
l8 x Submit isometric plans of the cold and hot water and drain-waste
and vent systems.
19 x Show compliance with Title 24 for the physically handicapped in
the following:
20 x Submit plans approved by the County Health Department.
21 x
22 x
--
23 x
24 x
--
25 x
26 x
~
Indicate methods of compliance for sound attenuation (exterior,
interior party walls, floor/ceiling assembly, ceiling) as per
study, U.B.C., local or State Law.
Show compliance with requirements of high fire areas.
For structures located within high wind areas:
a. Design structure, including roof covering, using 20 p.s.f.
wind load.
City of San Bernardino named as certificate holder for Worker's
Compensation Insurance.
Assessor's Parcel Number.
285-74l-01
Contractor's City license.
Contractor's State license.
Sewer capacity rights from Water Department, 384-5093, Neil
Thomsen.
School fees from Unified School District, 381-1179.
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CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS
....
u
CASE CUP89-22
'"
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AGENDA ITEM
HEARING DATE
PAGE
5
8-8-8Q
17
"""
other:
27
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DEPOSIT:
$200 Plan check
csj/8-3-88
DOC:PCAGENDA
DOCUMENTS. 2
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CASE CUP89-22
CITY OF SAN BERNARDINO
ST ANDARD REQUIREMENTS
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30 --1L
3l x
32
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33 x
34
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~A't 14
AGENDA ITEM
HEARING DATE
PAGE
5
8-8-89
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POLICE DEPARTMENT REQUIREMENTS
SECURITY LI GHTI NG
Lighting levels on the exterior of building is to provide a nrinimum of one
(1) foot candle of "maintained" illumination on the parking surface from
dusk until the ternrination of business each operating day.
All exteri or doors to bull di ng shall be equi pped wi th an ill unri nati on
device capable of providing a minimum of one (1) foot candle of maintained
illumination at ground level during hours of darkness.
All exterior lighting devices are to be inaccessible to common reach or
climbing shall be protected by weather and vandalism-resistant and be
valdal resistant. All exterior lighting shall be projected so as not to
cast light onto adjoining properties.
All roof openings giving access to the building shall be secured with
either iron bars, metal gates, stamped metal or shall be alarmed and me~t
with approval of the Police Department.
Interior night lighting shall be maintained in those areas that are visible
from the street (ground floor only).
DOORS, LOCKS, AND WI NDOWS
Swinging exteri'!)r glass doors, wood or metal doors with glass panels, solid
wood or metal doors shall be constructed or protected as follows:
a. Wood doors shall be of solid core construction with a minimum thickness
of 1 3/4 inches.
b. Hollow metal doors shall be constructed of a minimum equivalent to six-
teen U. S. guage steel and have sufficient reenforcement to maintain
the designed thickness of the door when any locking device is installed
such as reenforcement being able to restrict collapsing of the door
around the locking device.
c. Except when double cylinder dead bolts are utilized, any glazing uti-
1; zed within 40' of any door locking mechanism shall be constructed or
protected as follows: Fully tempered glass or rated burglary resistant
gl azi ng or iron or steel gri 11s of at least 1/8" metal wi th the maximum
2" mesh secured- on the i nsi de of the gl azi ng may be utili zed or the
gl azi ng shall be covered with i ran or steel bars of at least 1/2" round
or 1" x 1/4" fl at metal, space not more than 5" apart and secured on
the inside of the glazing.
All swinging exterior wood and steel doors shall be equipped as follows:
~
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'001 I OF .5
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CUP89-22
STANDARD
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CITY OF SAN BERNARDINO
~
CASE
AGENDA ITEM
HEARING DATE
PAGE
REQUIREMENTS
<;
R-R-Rq
19
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35 -1L
36
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37
x
a. A single or double door shall be equipped with a double or single
cylinder dead bolt. The bolt shall have a minimUII projection of 1" and
be constructed so as to repel cutting tool attack.
b. The dead bolt shall have an embedment of at least 3/4" into the strike
receiving the projected bolt. The Cylinder shall have a cylinder
guard, a minimum of five pin tumblers and shall be connected to the
inner portion of the lock by connecting screws of at least 1/4" in
diameter. The re,ofimendation does not apply when panic hardware is
required or an equivalent device is approved by the Building Code.
Double doors shall be equipped as follows:
a. The active leaf of double doors shall be equipped with metal flush
bolts having a minimum embedment of 5/8" into the head and threshhold
of the door frame. Double doors shall have an astragal constructed of
steel, a minimum of .125" thick which will cover the opening between
the doors. Th,i s astraga 1 shall be a mi ni mum of 2" wi de and extended a
minimum of 1" beyond the edge of the door to which it is attached. The
astragal shall be attached to the outside of the active door by means
of welding or with nonremovable bolts spaced apart on not more than 10"
centers. Hi nges for outswi ngi ng doors shall be eqlli pped wi th nonremo-
vable hinge pins or a mechanical inner lock to preclude removal of the
door from the exterior by removing the hinge pins. Strike plates shall
be a mi ni mum of 3*" in 1 ength and secured to the jamb wi th screws a
mi ni mum of 2t" in 1 ength.
Wi ndows:
a. All moveable windows shall be equipped with a locking device and shall
be constructed in a fashion to restrict them from being lifted out of
its track when in closed position.
Garage type doors; rolling overhead, solid overhead, swinging, sliding or
accordion style.
a. The above-described doors shall conform to the following standards:
(1) Wood doors shall have panels a minimum of five-sixteenths (5/16)
inch in thickness with the locking hardware being attached to the
support framing.
(2) Aluminum doors shall be a minimum thickness of .0215 inches and
riveted together a minimum of eighteen (18) inches on center along
the outside seams. There shall be a full width horizontal beam
attached to the main door structure which shall meet the pilot, or
pedestrian access, door framing within three (3) inches of the
strike area of the pilot or pedestrian access door.
~ j
MAY 84 ..It. FORM e
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CITY OF SAN BERNARDINO
CASE CUP 89-22
STANDARD
REQUIREMENTS
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AGENDA ITEM
HEARING DATE
PAGE
5
8-8-89
20
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SJt FO... C
'AGE 5 OF IS
MAY '14
(3) Fiberglass doors shall have panels a minimum density of six (6)
ounces per square foot from the bottom of the door to a height of
seven (7) feet and panels in residential structures shall have a
density of not less than five (5) ounces per square foot.
b. Where sliding or accordion doors are utilized, they shall be equipped
with guide tracks which shall be designed so that the door cannot be
removed from the track when in the closed and locked position.
c. Doors that exceed sixteen (16) feet in width shall have two (2) lock
receiving points; or, if the door does not exceed nineteen (19) feet, a
single bolt may be used if placed in the center of the door with the
locking point located either in the floor or door frame header.
d. Overhead doors shall be equipped with slide bolts which shall be
capable of utilizing padlocks with a minimum nine-thirty-seconds (9/32)
inch shackle.
(1) Slide bolt assemblies shall have a frame a minimum of .120 inches
in thickness, a bolt diameter a minimum of one-half (1) inch and
protrude at least one and one-half (11) inches into the receiving
guide. A bolt diameter of three-eights (3/8) inch may be used in a
residential building.
(2) Slide bolt assemblies shall be attached to the door with bolts
which are nonremovable from the exterior. Rivets shall not be used
to attach such assemblies.
e. Padlocks used with exterior mounted slide bolts shall have a hardened
steel shackle a minimum of nine-thirty-seconds (9/32) inch in diameter
with heel and toe locking and a minimum five (5) pin tumbler operation.
The key shall be nonremovable when in an unlocked operation.
f. Doors utilizing a cylinder lock shall have a minimum five (5) pin
tumbler operation with the bolt or locking bar extending into the
receiving guide a minimum of one inch.
OTHER REQUIREMENTS
Roof top address numbers shall be provided. They shall be a minimum of
three (3) feet in length and two (2) feet in width and of contrasting color
to background. Numbers shall be placed parallel to street address as
ass i gned.
At the entrances of complex, an illuminated map or directory of project
shall be erected with valdal-resistant cover. The directory shall not to
contain names of tenants but only address numbers, street names, and their
locations in the complex. North shall be at the top and so indicated.
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CITY OF SAN BERNARDINO
..,
CASE CUP89-22
AGENDA ITEM 5
HEARING DATE R-R-Rll
PAGE 21 ~
STANDARD REQUIREMENTS
'"
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39 _L
40 _-X-
41 x
42 x
l
MAY '84
Each building in the complex shall display street address numbers placed in
a prominent location as near the street as practical. Numbers shall be a
mi ni mum of six (6) inches in hei ght and a contrasti ng color to the
background.
All individual offices and buildings within the complex shall be clearly
identified by numbers, letters, or a combination thereof.
The exterior business walls shall be posted with Municipal Code
Section 9.52.070 relative to trespass.
The interior cashier/sales counter shall be located so it is visible from
the building exterior. The floor area inside the counter shall be elevated
a minimum of six (6) inches above the floor of the business.
Access Controls
An access control override device shall be provided for use by Police
Oepartment personnel to gain immediate access.
Common walls shall be as sound proof as possible.
Lockable cold beverage (beer) cases shall be locked at 2:00 a.m.
A pre-set gas monitoring system that allows for prepayment of gasoline
shall be installed to reduce petty theft attempts.
A photo-electric beam across entry door which will audibly notify or ring
when customers enter the store shall be installed.
Ice machines shall not be installed in front of store windows.
Utilization of outside intercom speakers is prohibited.
The placement of outside public telephones shall be restricted to an area
i mmedi ate1y adjacent to the front door of the store.
There shall be a minimum of twenty (20) foot candles of illumination per
square foot of surface area adjacent to gas pumps.
Any display of light should take into account adequate positioning of fix-
tures in order th at "stray" 1 i ght does not affect adjoi ni ng property
owners.
Perimeter fencing or cross fencing to prevent criminal movement or acti-
vity shall be installed.
Reflective wall-mounted mirrors shall be installed to discourage
Shoplifting.
The placement of machinery (compressor equipment) shall be away from resi-
denti a 1 areas to abate the i ntensi ty of noi se.
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44
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CUP89-22
Aqenda Item
Page 22
Aisles, passageways, and recesses related to and within the
building complex shall be illuminated with an intensity of
at least twnety-five one hundredths (.25) footcandles at the
ground level during'the hours of darkness. Lighting devices
shall be protected by weather and vandalism resistant covers.
#5
Open parking lots and carports shall be provided with a n.ain-
tained minimum of one (l) footcandle of light on the
parking surface during the hours of darkness. Lighting
devices shall be protected by weather and vandalism resistant
covers.
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CITY OF SAN BERNARDINO PUBLIC WORKI/IIIGR.
CASE CUP89-22
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
~
5
8-8-89
23
,
P;:~}~ct Description: CtJ~z..;:f CcN~fJ,/J~~$r.
.::>ef(J/lcG S7J171ol1 7f) I'1IM -_ __-+r HR: _G/fLANl)__
Da te; 7'-I2-~ Prepared By: I'k6- Revi e\~ed By:
Page -L- of I pages -
,
Applicable Engineering Fees:~
Plan check fee for Final/Parcel Map.
Plan check and inspection fees for off-site improvements.
Plan check and inspection fees for on-site improvements (except
buildings; see Building and Safety).
Plan check and inspection fees for grading (if permit required).
Bridge improvement fee in amount of $
Drainage fee. Exact amount of fee shall be determined by
Department of Building and Safety at time of application for
building permit.
Landscape Plan Revie~ Fee $ 65.00
l:.J5s
45 )( Traffic System Fee of $ . per vehicle trip for City-wide
traffic mitigation. The total amount of the Traffic System Fee
shall be determined by the City Traffic El1.gineer at time of
application for building permit. (Jte.I/t)ll77~-r~P;.
Street Light Energy Fee to pay cost of street light energy for a
period of 4 years. Exact amount to be determined prior to map
recording.
A Landscape Maintenance District shall be implemented to
maintain landscaping within the follouing areas:
;if. Pees /t12E SI./!1J€C-T To CH/tNGl? wlr/tOvr NOllc&.
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CITY OF SAN BERNARDINO
o
CASE
CUP89-22
STANDARD REQUIREMENTS
S
8-8-89
-'4
AGENDA ITEM
HEARING ~J
,46
x
Street trees on Highland and Arden shall be Liquidamber
"Burgandy" 19" box 40' O.C.
47
x
Landscape setback planters with dense planting of 5 and
l5 gallon shurbs. Space ground cover 10. O.C..
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ATTACHMENT "E" CUP89-22
POLICS CONCBRNS Agenda #5
Page25
APPLICATION FOR CONDITIONAL USE PERMITS FOR ALCOHOL BEVERAGE LICENSES
-0
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LOCA'1'IONI
2402 E. Highlan Avenue
Conditional Use Permit
No.
Return to Planning by,
3-l0-89
I. Reporting District
1150
Previous Year Crime
57
RID Average -66%
Part II Arrests 5
Part I Crimes 52
Person 8 Property 44
Previous 90 days
Part I Crimes
Person Property
II. Census Track 74.0l
Alcohol Related
4
80 (%)
Part II Arrests
Alcohol Related (%)
Census Count 4.475
Boundaries Highland Ave. east from Sterling to Victoria, north
to the east-west nortnern Dounaary or patton ~tate HospJ.ta.L. east to
Orange St., south to Highland. east to Boulder. northeast to Mountain
~~~~~!~ii:'ff~~:lg;~~efff~~~li8~E~af6,Jfgi~\ii~iie. no:.n~:d~:~ J.n:~an
Location ~ City Off-Sale Privileges
2383 Sterling 47 yes
2120 E. Highland 41 yes
2566 E. Highland 41 yes
222 E. Highland 47 yes
,
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w Off-Sale Licenses 8 a 11o_d 5 existing 8 pending 1
Location !I.e! City
2384 N. Arden 20 yes
2540 E. Highland 20 ~-
26492 E. Highland 2l yes
2028 E. Highland 21 yes
2130 E. Highland 21 yes
2238 E. Highland 2l yes
3588 E. Highland 20 yes
2380 N. Sterling 21 yes
Palm and Hiqhland (pendinQ)
21
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III. General Vicinity
Distance to nearest:
Distance
School Emmerton Elementary l888 N. ARden
San Gorgonio High School
.2 mile
.8 mile
Church
Foothills Presbyterian Church
J.lUU E. Pumalo
.3 mile
Parks
Rick Speicher Memorial Park
.8 mile
On-Sale License
Maria's Cafe Italiano. 2222 E. Highland
.3 mile
Tow Guys Italian Restaurant. 2566 E. Highland
.2 mile
Off-Sale License
PD~ Mini Mart. '540 ~ ~;ghl~nn
2 Alilo
7-11 Market. 2384 N._ArdAn
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o. CUP89-22
Page 27
Residential Uses.
Distance of parking lot to residence' Distance
26111 23rd Street l68'
Distance of building to residence
26lll 23rd Street
l68'
IV. Comments from residents:
26lll 23rd Street, S.J. Ferrin - no opposition
26125 23rd Street. DEBBIE SANDERS, opposed due to existinQ problem
of drinking at Bakers and noise.
6409 Arden. WILLIAM CREECH. opposed due to existinQ problem of
minors drinking on 23rd a~d Arden and due to area
V. Comments from Police Department. saturat~on
Area is saturated with existing on and off sale ABC licenses.
Ill..i..ol:I UIt:W ll....t:::u:.\:j~ .111 cdd, LV t:x15\.ing pOJ..ice, proo~ems J.n '[fie area.
New license will not be a matter of public convenience.
VI. Police Department recommendation.
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C'ITY OF SAN BERNARDINO
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CUP89-22
MEMORANDUM
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To DET. R. SPINDLER
Subject APPLICATION TYPE 20 A.B.C. LICENSE
TEXACO SERVICE STATION, 2402 E. HGIHLAND
From
LT. D. LEVAN
COMMANDER, AREA F
2-23-B9
Date
Approved
Date
As previously stated, in my judgement there are sufficient establishments
in both the City and County areas surrounding the location of the Texaco
Service Station for the off sale of beer and wine. There is a 7-11 store
located within one block to the north on Arden Avenue; a liquor store one
block west at Highland and Guthrie; another liquor store two blocks east
at Highland and Valaria; and another liquor store one block east at
Highland and Eucalyptus.
A Baker's Drive-In restaurant is located across the street (to the west)
and it is and it continues to be a popular location for loitering juveniles
creating ongoing police problems. I feel the presence of off sale beer and
wine in such close proximity to this ongoing police problem would ~ially
increase the problem.
The area across the street from the Texaco Station (to the south) is a known
high crime rate area with a high level of drug, gang and transient activity.
Again, I feel that adding another establishment to sell wine and beer in this
area would add to the existing problem.
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CUP89-22
MEMORANDUM Page29
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To DONALD J. BURNETT. CHIEF OF POLICE
Su~ect ABC INVESTIGATION
From DET. R. SPINDLER
Date 2-27-89
Approved
Date
APPLICANT: NIMEH. SEMAN ADEEB
DBA: Highland Texaco
2402 E. Highland Avenue. San Bernardino
92404
On 2-10-89 I received an application for a new Type 20 (off-sale beer/
wine) ABC license. The name of the applicant is SEMAN ADEEB NIMEH of
the Highland Texaco. 2402 East Highland Avenue. 2402 East Highland
is located in Reporting District 1150. The previous year crime ( 1987)
was 57. Reporting District 1150 had a -66% crime. For 1987 there were
a total of 52 Part I crimes. eight of which were person crimes and 44
were property crimes. There were five Part II arrests. four of which
were alcohol related for an 80% alcohol related Part II arrests. The
previous 90 day'stats are not available.
2402 East Highland is located within Census Track 74.01 which had a
census count of 4.475. Census Track 74.01 is allowed six on-sale licenses
and there are four existing. There are no pending licenses for this
census track. Census Track 74.01 allows for five off-sale licenses
and there are eight existing. There is one license pending.
2402 East Highland is located 2/10 of a mile from Emmerton Elementary
School. 1888 N. Arden and 8/10 of a mile from San Gorgonio High School.
Pacific and Arden. It is located 3/10 of a mile from Foothills Presby-
tarian Church in the 2200 block of East Pumalo. It is located 8/10
of a mile from the Rick Speicher Memorial Park. Pacific and Arden.
The nearest on-sale licensed premises are Maria's Cafe Italiano. 2222
E. Highland Avenue. This restaurant is located 3/10 of a mile from
the proposed site. Another on-sale licensed location is Two Guys Italian
Restaurant. 2566 E. Highland. This is located 2/10 of a mile from the
proposed site.
There are several off-sale licensed premises near the proposed si te.
The PDQ Mini Mart. 2540 E. Highland is 2/10 of a mile from the proposed
site. There is a 7-11 Market located at 2384 N. Arden which is 1/10
of a mile from the proposed site. Ken's Liquor is located approximately
3/10 of a mile from the proposed site and Fiesta Liquor is located within
one block of the proposed site. There is a residential area located
north of the proposed site. The nearest residence is approximately
168' away and is 26111 23rd Street. During the course of this investi-
gation I contacted three residents in the immediate area. The first
resident I contacted was S.J. FERRIN. 26111 23rd Street. Mr. FERRIN
informed me that he had no opposition to the new license.
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CUP89-.22
Page 30
CHIEF DONALD J. BURNETT
ABC INVESTIGATION
PAGE 2
At 26125 23rd Street I contacted DEBBIE SANDERS. She told me that she
is opposed to the new license as she believes it will add to the existing
problems of minors drinking alcoholic beverages and making noise at
the Bakers Drive-Thru located on the northwest corner of Highland and
Arden. I contacted WILLIAM CREECH. 6409 North Arden. Mr. CREECH told
me that he was opposed to the new license due to the existing problems
of minors consuming alcoholic beverages on 23rd Street and' on Ogden
Streets. ,He is also opposed to the new license because he believes
there are too many liquor licenses in the area already.
I attempted contact with the resident at 26126 East 23rd Street, and
no one was home.
Census Track 62 borders Census Track 74.01 on the west side. Census
Track 62 allows for eight on- sale licenses and there are 29 existing.
Census Track 62 allows for six off-sale licensed locations and there
are 11 existing. Census Track 74.02 borders Census Track 74.01 on the
south. Census Track 74.02 allows for five on-sale locations and there
are five existing. Census Track 74.02 allows for four off-sale licensed
locations and there are seven existing. Census Track 63 borders Census
Track 74.01 on the southwest side. Census Track 63 allows for six on-
sale licenses and there are 13 existing. Census Track 63 allows for
five off-sale licenses and there are six existing.
Census Track 62 is located in Reporting District 1120 which is +25%
above the average in crime for a reporting district. Census Track 74.02
is located in Reporting District 1350 which is -75% average in crime
for a reporting district. Census Track 63 is located in Reporting
District 1430 which is +197% above the average in crime for a reporting
district.
On 2-23-89 I received a memorandum from Lt. D. LEVAN who is the area
commander for Area 'F'. 2402 East Highland is located within Area 'F'.
Lt. LEVAN believes there are sufficient establishments in both the city
and county areas surrounding the proposed location for the off-sale
of beer and wine. He points out that there is a 7-11 store located
within one block to the north on Arden. a liquor store one block west
at Highland and Guthrie. another liquor store two blocks east at Highland
and Valeria and another liquor store one block east at Highland and
Eucalyptus. Lt. LEVAN points out that a Bakers Drive-Thru restaurant
is located on the northwest corner of Highland and Arden and directly
across the street from the proposed site. Lt. LEVAN says that Bakers
Drive Thru continues to be a popular location for loitering juveni'les
who create ongoing police problems.
Lt. LEVAN feeis that the presence of an off-sale beer and wine license
at 2402 East Highland would potentially increase the already existing
problem at Bakers Drive-Thru. Lt. LEVAN points out that the area south
of the Texaco Station is a known high crime area with a high level of
"
o
o
CUP89-22
Page 31
CHIEF DONALD J. BURNETT
ABC INVESTIGATION
PAGE 3
During my interview with Mr. NIMEH I explained to him the police concerns.
Mr. NIMEH told me that he had talked to Sharon at ABC and she told
him that of some 60 letters sent to area residence only one was opposing
the new license. He further informed me that he thought his business
at 2402 E. Highland would greatly enhance public convenience. I informed
Mr. NIMEH that his new license would be protested and if it was eventually
granted. conditions would be sought for the license. Mr. NIMEH informed
me that he had no objections to any conditions on the license. He
said he would appeal the police department's protest of this matter.
The granting of this new license would increase the license count within
the census track which is already above the number allowed. The area
encompassing both city and county is heavily saturated with ABC licenses,
several of which are within short walking distance of the proposed
site. Due to the large number of existing licenses in the immediate
vicinity of the proposed site. public convenience could not be argued
as a reason for the granting of his new license. The adding of this
new license would certainly enhance the already existing police problems
in the area.
If the conditional use permit is granted, the following suggested
conditions should be considered as the conditions would certainly reduce
the expected additional police problems at this site.
1. No sales of single unit cans and/or bottles of beer.
2. No wine shall be sold in containers less than 705 ml.
o
o
CUP89-22
Page 32
CHIEF DONALD J. BURNETT
ABC INVESTIGATION
PAGE 4
3. No wine shall be sold with an alcoholic content greated than 15%
by volume.
4. No ice shall be sold in less than 7 lb. bags at or below prevailing
prices.
5. No game machines shall be located within the premises.
6. No alcoholic beverages shall be consumed on any property adjacent
to the licensed premises under control of the licensee. Post "no
loitering" and "no drinking of alcoholic beverage" signs throughout
the parking lot and on the building (according to San Bernardino
Municipal Code.)
7. The parking lot of the premises shall be equipped with lighting
of sufficient power to illuminate and make easily discernable the
p earance and conduct of all persons on or about the parking lot.
itted:
-
o ATTACHMENT "E" .0
CITY OF SAN BERNARDINO PLANNING DEPARTMENT ""
AGENDA
ITEM #
LOCATION
CASE CUP89-22
HEARING DATE 8-8-89
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AGENDA
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LOCATION CASE 'CUP89-22 5
HEARING DATE R-8-89
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