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HomeMy WebLinkAbout39- Planning & Building Services CITY OF SAN BERN. DING - REQUEST F .R COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of the :Planning Commission denial of Conditional Use Permit Crept: Planning & Building Services No. 93-01 Mayor and Common Council Meeting Date: June 24 , 1993 July 6 , 1993 Synopsis of Previous Council action: None I Recommended motion: That the hearing be closed and the appeal be denied and Conditional Use Permit No. 93-01 be denied. ignature Al CA�ey Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 7-iv —f, IIV 7 g 39 75-0262 AnPnrin [tam Aln 4r CITY OF SAN BERNARDINO - REQUEST FOri COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning Commission denial of Conditional Use Permit No. 93-01 Mayor and Common Council Meeting of July 6, 1993 REQUEST AND LOCATION The applicant, Mr. Ali Yasin, is appealing the Planning Commission's denial of Conditional Use Permit No 93-01, a request to upgrade a beer and wine license at an existing convenience market to allow the off-site sale of hard liquor. The subject property consists of approximately 13,050 square feet located at the southwest corner of Rancho Avenue and Chestnut Street, further described as 484 South Rancho Avenue, in the CN, Commercial Neighborhood, General Plan land use designation (see Location Map, Exhibit 1). BACKGROUND On May 18, 1993, the Planning Commission denied Conditional Use Permit No. 93-01 by a 6-0 vote of the Commissioners and alternate present (Gaffney, Lopez, Ortega, Romero, Traver and Stone, Jordan, Lopez, Ortega and Stone; absent were Clemenson, Cole and Jordan). Findings of Fact are contained in Attachment B of the staff report to the Planning Commission (Exhibit 3). Several members of the public spoke against approval of the application. On May 25, 1993, the applicant submitted an appeal of the Planning Commission's denial of Conditional Use Permit No. 93-01 (Exhibit 2). KEY ISSUE Development Code Section 19.06.030(2)(B) prohibits the off-site sale of alcohol from establishments smaller than 15,000 square feet in gross floor area without exception if they are located within 100 feet of residentially zoned or occupied property. The subject property is located within 100 feet of residential uses. The distance criteria of the Development Code apply without exception; therefore, the applicant has no legal basis for this appeal. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Common Council May deny the appeal and deny Conditional Use Permit No. 93-01. OR The Mayor and Common Council may continue the item, uphold the appeal, approve Conditional Use Permit No. 93-01 in concept and direct staff to prepare positive findings. y CUP 93-01 Mayor and Common Council Meeting July 6, 1993 Page 2 RECOMMENDATION It is the recommendation of staff that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 93-01 based on the Findings of Fact contained in Exhibit 3. Prepared by: Gregory S. Gubman Associate Planner for Al Boughey, AICP Director of Planning and Building Services Exhibits: 1 - Location Map 2 - Letter of Appeal 3 - Staff Report to the Planning Commission dated May 18, 1993 • City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 93-01 Applicant: Mr. Ali Yasin Owner: Same ACTION Meeting Date: May 18, 1993 X Denied the Conditional Use Permit No. 93-01 to to upgrade an "ABC" license to sell liquor at an existing convenience market based on the Findings of Fact (Attachment "B") . VOTE Ayes: Gaffney, Lopez, Ortega, Romero, Traver, Stone Nays: None Abstain: None Absent: Clemensen, Cole, Jordan, Shaw I, hereby, certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. c Si ture ate Al Boughey,lirector of Planning & Building Services AB/dm Attachments cc: Project Applicant Plan Check Engineering Division ti Case File CITY OF SAN BERNARDINO PLANNING AGENDA AND BUILDING SERVICES DEPARTMENT ITEM# CASE CUP 93-01 LOCATION HEARING DATE 5-5-93 ]j I wo BMW-—no T f4 T � dw H0 I �-� iAT 40 co T MINX VIE TO AWE r w r (� C GH �� � CZuq GN �o �� ~r IH �LlllT 1� NK t�iO�[Imo^ FRANK I wurso w / Fm ST, Y MILL MILL JVLIE�c 2� T. GRAY T N \ ,IT OF�w+�� PLAN-8.11 PAGE 1 OF 1 (4-90) V-1,i 1-,4 4- 1 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #8 SUMMARY HEARING DATE May 18 , 1993 WARD 3 APPLICANT: Mr . Ali Y a s i n W 22975 Orangewood Court N Conditional Use Permit Grand Terrace , CA 92324 Q No . 93-01 OWNER: U Same The applicant requests the approval of Conditional Use Permit ~ N No . 93-01 to upgrade an "ABC" license to sell liquor at an W existing convenience market , which presently sells beer and wine in the CN , Commercial Neighborhood , land use zoning Wdistrict . W Q EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Convenience Market CN Commercial Neighborhood North Single-family Resid . & RS and Residential Suburban & Apartments RU-1 Residential Urban East Apartments & Comm. Cityof (blton City of Colton South Vacant Commercial CN Commercial Neighborhood West Single Family Resid . RS Residential Suburban GEOLOGIC/SEISMIC ❑ YES FFLOOD HAZAR D ❑ YES ❑ ZONE A SEWERS: ] YES HAZARD ZONE: ® NO [3� NO ❑ ZONE B ❑ NO HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT El YES HAZARD ZONE: ® NO CRASH ZONE: PROJECT AREA: M NO Q NO Q ❑ NOT ❑ POTENTIAL SIGNIFICANT Z ❑ APPROVAL APPLICABLE EFFECTS WITH O MITIGATING MEASURES Z U) NO E.I.R. Q ❑ CONDITIONS WC7 LL 2 Z © EXEMPT ❑ E.I.R. REQUIRED BUT NO W Z ® DENIAL Z G SIGNIFICANT EFFECTS Q W WITH MITIGATING F- 2 M M MEASURES Cl) M ❑ CONTINUANCE TO Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS V W EFFECTS SEE ATTACHED E.R.C. W MINUTES ��� PLAN-9.Q2 PPGE t OF 1 )4-90) Exhibit 3 i 1 t CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM• #8 HEARING DATE: May 1R , 1993 PAGE: REQUEST The applicant requests the approval of Conditional Use Permit No. 93-01 to upgrade an "ABC" license to sell liquor at an existing convenience market, which presently sells beer and wine, in the CN, Commercial Neighborhood, land use zoning district. LOCATION The rectangularly shaped site consists of approximately 13,050 square feet located on the southwest corner of the intersection of Rancho Avenue and Chestnut Street (see Attachment "E") . The subject site has a 77 foot frontage on Rancho Avenue and a 166 foot frontage on Chestnut Street. The address of the existing convenience market is 484 S. Rancho Avenue. CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL QUALITY ACT (CEOA) The proposed use is categorically exempt from CEQA under a Class I exemption. Pursuant to Section 15301 of the CEQA guidelines, Class I exemptions include the operation, repair, maintenance, or minor alteration of existing public or private structures involving negligible or no expansion of use beyond that previously existing. BACKGROUND On January 14, 1993 Conditional Use Permit No. 93-01 was submitted to upgrade an existing "ABC" license in order to sell liquor at an existing convenience market. On February 10, 1993 the application was deemed incomplete pending the submittal of the required transparency reduction of the floor plan. On February 23 , 1993, following the submittal of the requested transparency, the application was deemed complete. The Development Review Committee (DRC) reviewed the proposal on March 18, 1993 . The existing convenience market, which had been constructed in the late 19601s, was closed for a period of time in late 1989 and most of 1990. It was reopened under Review of Plans No. 90-44 which was approved by the Development Review Committee on October 18, 1990. It was determined at that time that the "off-site" sale of beer and wine had been "grandfathered" and would not require the filing of a conditional use permit. A temporary Certificate of Occupancy with a performance bond was issued pending the completion of all the required improvements. a CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM. #8 HEARING DATE: May PAGE: ANALYSIS DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE Pursuant to Development Code Section 19. 06. 030 (2) (B) , a business or establishment requiring the issuance of an "ABC" license is subject to a conditional use permit and if the license, as requested by the applicant, is "off-site" , which means that the alcoholic beverages are sold to be consumed off the premises, shall comply with the following standards: 1. Shall not be located within 500 feet of any religious institution, school or public park. 2 . Shall not be located within 100 feet of any property designated for residential use or used for residential purposes. 3 . Shall not be located in such close proximity to another similar use to cause the oversaturation of the neighborhood. 4 . The license application shall be reviewed by the Police Department prior to City approval. The market is within 100' of residential uses as discussed below. In addition, it is the Goal of the City (General Plan Goal 1F) to ensure that the types of land uses developed in the City do not adversely affect the quality of life and health of the City's residences. Specifically, Policy 1.6.2 calls for controlling the location and number of alcohol sales based on proximity to residences, schools, religious facilities and parks. The conformance of the appliance's request with the locational criteria and General Plan is shown on Attachment "A" . SITE AND AREA CHARACTERISTICS The subject site is developed with a convenience market which was constructed in the late 19601s. Parking is provided in front of the market along with landscaped areas. Adjacent properties are developed to a mixture of residential and commercial uses (see Attachment "F") . The area to the immediate south of the site is vacant. Single family residential is located to the immediate north on the northerly side of Chestnut Street which is 60 feet in width. Additional single family residential CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM• #8 HEARING DATE: MaV 18 , 1993 PAGE: 3 lies to the immediate west of the 24 foot wide alley which is to the rear of the market. To the east, across Rancho Avenue, within the City of Colton, are apartments and a new mini-mall on the northeast corner of Rancho and Mill. To the southeast is a large shopping center with a Stater Brothers market, also in the City of Colton. Additional commercial and residential uses and vacant parcels lie to the south. PROJECT CHARACTERISTICS The applicant proposes to upgrade an "ABC" license to sell liquor at his convenience market in the CN, Commercial Neighborhood, land use zoning district. As noted above, there is presently an "off- site" license to sell beer and wine at the market. The site plan, marked Attachment "C", shows the development on the site. The existing convenience market building measures 40 feet by 67 feet containing approximately 2 , 680 square feet of floor area. The floor plan, shown on Attachment "D" , shows the existing layout of the market including shelving, walk-in cooler, storage areas and restrooms. The applicant has indicated that only a small portion of the store's shelving will be devoted to the sale of liquor and that most of the shelving will be for the sale of non-alcohol items. ALCOHOL BEVERAGE CONTROL "ABC" STANDARDS As discussed above, Section 19. 06. 030 (2) (8) requires that a business or establishment requiring of an "off-site" license be subject to a conditional use permit and shall comply with certain locational criteria. Among these criteria is the stipulation that such an establishment shall not be located within 11100 feet of any property designated for residential use or used for residential purposes. The applicant's convenience market is located within 100 feet of single family residential uses which are within 60 feet of the market to the north across Chestnut and which are within 24 feet to the west across the alley . Because of the proximity of the residences to the market, the applicant's request does not meet the locational criteria for "off-site" licenses and can not be approved. The applicant was informed of this lack of compliance early in the processing of his request but has chosen to present his case to the Planning Commission. CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM• #8 • HEARING DATE: May 18 , 1993 PAGE: 4 LAND USE COMPATIBILITY As noted earlier, when the convenience market reopened in 1990, the sale of beer and wine was determined to be "grandfathered" ; and therefore is a non-conforming use. This request to upgrade the beer and wine license to sell liquor does not represent the minimal expansion in square footages of a non-conforming use which the Development Code allows, provided the public health, safety and general welfare are preserved, but is an intensification of a non- conforming use which the Development Code does not allow. The proposed upgrading of the "ABC" license for the convenience market to sell liquor is incompatible with adjacent land uses. The proximity of single family residential uses which are less than 100' from the market could create problems with noise, loitering and crime. This potential for creating problems was recognized when the locational criteria was formulated for "off-site" "ABC" licenses in the Development Code and therefore the Code requires at least a 100 foot separation. The proposed use is also inconsistent with the City's General Plan which calls for controlling the location of alcohol sales based on proximity to residences. COMMENTS RECEIVED DEVELOPMENT REVIEW COMMITTEE The applicant's request was reviewed by the Development Review Committee on March 18, 1993 . The Police Department indicated that the convenience market is located in a high crime area and that the sale of liquor at this location would aggravate the crime situation in the area. Based on this comment together with the inconsistency with the locational criteria of the Development Code, the Committee recommended to the Planning Commission that the applicant's request be denied. However, the Committee noted that if the request were to be approved by the Planning Commission, it would recommend that the convenience market be brought into conformance with all current Development Code standards including those for signage, fencing, screening, etc. RIALTO UNIFIED SCHOOL DISTRICT The Rialto Unified School District expressed concern and its opposition to this request "for upgrading to a full liquor license" . The District pointed out that there are two elementary schools within three-quarters of a mile of the site. r ' CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM• #8 HEARING DATE: -May 18 , 1993 PAGE: 5 CONCLUSION The Development Code sets forth the locational criteria for all establishments subject to an "off-site" "ABC" license. The objective of the Code is to protect sensitive uses from potential problems that could arise from the sale of alcohol. The applicant's request does not meet the locational criteria in that single family residences are within 100 feet of the convenience market site. The request, therefore, can not be approved. RECOMMENDATION Staff recommends that the Planning Commission deny Conditional Use Permit No. 93-01 to upgrade an "ABC" license to sell liquor at an existing convenience market based on the Findings of Fact (Attachment "B") . Respectfully bmitted, Al Di recto o and Building Services Q , 4"t" ohn W. Lampe Assistant Planner Attachments "A" = Development Code Conformance "B" = Findings of Fact "C" = Land Use/Locational Criteria Map "D" = Site Vicinity and Land Use Designation Map ' CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM• #8 HEARING DATE: May 18 , 1993 PAGE: ATTACHMENT "A" DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE Category Proposal Development Code General Plan Use "Off-site" Subject to CUP Permitted Use "ABC" license to sell liquor Location 484 S. Rancho Not within 500' Policy 1. 6.21 Criteria no church, school of church, school or park within or park 500' if 484 S. Rancho Not within 100' Policy 1. 6.2 residences of residences or within 100' areas so designated 'Policy 1. 6.2--"Control the location and number of alcohol sales, adult bookstores and businesses, game arcades and other community-sensitive uses, based on proximity to residences, schools, religious facilities, and parks in accordance with legislative and legal requirements. " CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM. #8 HEARING DATE: May 18 , 1993 PAGE: 7 ATTACHMENT "B" CONDITIONAL USE PERMIT FINDINGS OF FACT 1. The proposed use of an "off-site" "ABC" license is conditionally permitted within the CN, Commercial Neighborhood, land use zoning district but it does not comply with all of the applicable provisions of the Development Code in that it does not meet the locational criteria for "off- site" "ABC" licenses. 2. The proposed use of an "off-site" "ABC" license would impair the integrity and character of the land use district in which it is to be located in that there are single family residences in close proximity to the site which would be adversely affected. 3. The subject site is physically unsuitable for the type and intensity of land use being proposed in that it lies in close proximity to alcohol sensitive, residential uses. 4 . The proposed use of an "off-site" "ABC" license is incompatible with the land uses presently on the subject property in that the existing use does not comply with the current standards for convenience markets. 5. The proposed use of an "off-site" "ABC" license would be incompatible with existing and future land uses within the general area in which the proposed use is to be located in that there are existing residential uses and residential land use zoning designations within 100 feet. 6. The proposed use is incompatible in intensity with adjacent residential land uses in that it does not meet the locational criteria for "off-site" "ABC" licenses as set forth in the Development Code. 7. There would be harmful effects upon desirable neighborhood characteristics in that the proximity of the "off-site" sale of alcoholic beverages to sensitive residential uses will degrade those nearby residential areas. CONDITIONAL USE PERMIT NO. 93-01 AGENDA ITEM• #8 HEARING DATE: May 18 , 1993 PAGE: 8. The proposed use is inconsistent with the General Plan in that it is inconsistent with the City's policy to control the location of alcohol sales based on proximity to residences, schools, religious facilities and parks. 9. The proposed location and operating characteristics of the proposed use of the "off-site" sale of liquor would be detrimental to the public interests, health, safety, convenience, and welfare of the City. 7 " t ATTACHMENT li C it * 1. 2.03 K.N/L a .f3.C. 75 30 17 .13 AC.Y,'L y6 ® ll 10 Por No. 1 HMV ( I'453 MB.94175,76 to ® 12 8 9 N O M O N r 27—•.a CC' 13 9 9 - v 1 a 1 (V 14 7 . • v • I•Z. .126 AC.Y/). 6 Er ds m V U �I^ •'� . 16 3 O A 24 ' E 23 .»p Is 3 � I VILLAGE GREEN 4 Pt H p 0 - APARTMENTS �1� rn o• 19 0 o t �s ;, y N ^1 • 'No.2 PI �9 ti P t0 � II r 1 RANCHO-MILIS � OI .�k. APARTMENTS 11 • •13 014 •15 • 16 •17 \•Ia \ 19 Z 1 t>� .re '• 37 Us to 97 to to 084 • .ge :t� rto 1 VACANT I MINI-MALL I a r - i MILL STREET I ` I VACANT MILL( O:. VACANT _ --- __ CHIEF AUTO lop i~ 1 C1r tJIIU r rs m u t Caron( , Por.3 , I C/T�' LIMITS 2oe.54 v 2 I ROSE GARDEN a I APARTMENTS 4 POf-1 "' I JS lG A r 1.85AC a 1 b N VACANT V I N Par.I k I s I4 ° s.1oa� Par-3 � 9 7.84 AC ie»s- I 1 I ""Z STATER BROS r N Par-2 I .� 1.19AC A j CENTER :0 • VACANT I e I Q Pont Iti I i ZUAr_ I � Para = SINGLE FAMILY RESIDENCES 160