HomeMy WebLinkAbout30- Planning & Building Services CITY OF SAN BERNAR-_ INO - REQUEST FOR :OUNCIL ACTION
From: Al Boughey, Director Subject: Conditional Use Permit No. 95-15
Appeal of Planning Commission
Dept: Planning & Building Services denial. Located at 1120 E. Highland
Avenue, Suite #3.
Date: November 1, 1995
MCC Date: November 20, 1995
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny the appeal based on the Findings of
Fact and uphold the Planning Commission's denial of Conditional Use Permit No. 95-15.
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oug ey
Contact person: Al Boughey Phone: 384-5357
Supporting data attached: Staff Report Ward: 7
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 30
0 0
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION; CONDITIONAL
USE PERMIT NO. 95-15
MAYOR AND COMMON COUNCIL MEETING
NOVEMBER 20, 1995
REQUEST/LOCATION The appellant, Rafael Ramos, represented by John Lightburn, is
appealing the Planning Commission action denying a conditional use permit to serve beer at a
beverage bar in an existing billiard room located at 1120 E. Highland Avenue, Suite #3, in the
CG-1, Commercial General, land use district. See Notice of Appeal, Exhibit 3.
BACKGROUND
Under Table 06.01 of the Development Code, a billiard room is considered "Miscellaneous
Indoor Entertainment" and, as such, is permitted in the CG-1 land use district subject to a
Development Permit. Entitlement was granted for The Player's Billiard Room through a Zoning
Consistency Review form at the Planning and Building Services front counter in February of
1994.
On January 1, 1995, the Business and Professions Code was amended to require that
jurisdictions provide a determination that "public convenience or necessity" will be met when
approving certain alcohol licenses. The need for the determination is based upon the number
of existing alcohol establishments versus the number of permitted alcohol establishments within
a given census tract and the type of license requested. If more exist than are permitted, the area
is considered "over concentrated" and the determination is required. Due to the fact that the law
requires the governing body render the determination, the Mayor and Common Council must
make the determination if the Planning Commission approves the conditional use permit.
This project was heard by the City's Development/Environmental Review Committee on August
17, 1995, and cleared to the Planning Commission. The Planning Commission, after hearing
testimony from the applicant and the Police Department and reviewing letters from neighboring
property owners, denied the application.
KEY ISSUES
The key issues are as follows (Please refer to the Planning Commission staff report, Attachment
2, for a complete discussion):
0 According to the State Department of Alcoholic Beverage Control, there are 28
on-sale premises and 11 off-sale premises within the subject site's census tract.
0
Eight on-sale facilities and six off-sale facilities are permitted. This
-overconcentration and the requested Type 40 License trigger the need for a city
generated determination that public convenience or necessity will be served.
0 The Police Department, after reviewing the request, recommended against
approval of the conditional use permit due to the fact that there have been 70
crimes in the past six months within the subject location's reporting district and
a total of 580 calls for service.
0 Two letters of opposition were received by residents immediately adjacent to the
subject site.
ENVIRONMENTAL DETERMINATION
The project has been determined to be categorically exempt form the requirements of CEQA
(Section 15301, Class 1, Existing Facilities).
PLANNING COMMISSION ACTION
The Planning Commission, at their regularly scheduled meeting of September 19, 1995, denied
the subject application with Commissioners Cole, Hamilton, Schuiling, Stone, Strimpel,
Thrasher, and Traver voting for denial and Commissioner Gonzales abstaining.
OPTIONS
The Mayor and Common Council may:
1. Deny the appeal, based on the Findings of Fact (Attachment D of Exhibit 2), upholding
the Planning Commission's denial of CUP 95-15; or
2. Uphold the appeal, continue the application for two weeks for preparation of Findings
of Fact to support approval of CUP 95-15, and determine that public convenience or
necessity will be served by the issuance of the license. It should be noted that if the
Mayor and Common Council desires to approve the subject application, the determination
of public convenience or necessity must be made and staff has no findings or grounds
with which to make the determination.
RECOMMENDATION
It is recommended that the Mayor and Common Council deny the appeal based on the Findings
of Fact (Attachment D of Exhibit 2) and uphold the Planning Commission's denial of
Conditional Use Permit No. 95-15.
Prepared by: Conal McNamara, Assistant Planner
for Al Boughey, Director of Planning and Building Services
Exhibit 1 Location Map
Exhibit 2 Planning Commission Staff Report
A. Location Map
B. Site Plan/Floor Plan
C. Police Department Findings/Recommendation
D. Findings of Fact
Exhibit 3 Notice of Appeal
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EXHIBIT 2
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
------------
CASE: Conditional Use Permit No. 95-15 AGENDA ITEM: 2
HEARING DATE: 9-19-95
WARD: 7
APPLICANT: Ade Boentaran OWNER: Kinney Shoe Corporation
22999 Deberry St. 233 Broadway
Grand Terrace, CA 92324 New York, NY 10729
REQUEST / LOCATION - A request to serve beer at a beverage bar in an existing billiard room,
located at 1120 E. Highland Avenue, Suite #3, in the CG-1, Commercial General, land use district.
EXISTING LAND USE
PROPERTY LAND USE DESIGNATION
SUBJECT Multi-Tenant Center CG-1, Commercial General
NORTH Residential RS, Residential Suburban
SOUTH Existing Commercial CG-1, Commercial General
EAST Existing Commercial CG-1, Commercial General
WEST Existing Commercial CG-1, Commercial General
GEOLOGIC/SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ■
HAZARD ZONE: NO ■ ZONE: NO ■ NO ❑
[[ZONE:IGH FIRE HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ❑
NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ■
ZONE:
ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION:
❑ Not Applicable ❑ E.I.R. w/ Significant ❑ APPROVAL
■ Exempt Effects
❑ No Significant ❑ CONDITIONS
Effects ❑ Significant Effects,
❑ Potential Effects, See Attached E.R.C. ■ DENIAL
Mitigating Minutes
Measures, ❑ CONTINUANCE
No E.I.R. TO:
0
CONDITIONAL USE PERMIT NO. 95-15
AGENDA ITEM: 2
HEARING DATE: September 19, 199
Page 2
R UEST
The applicant is requesting approval of Conditional Use Permit No. 95-15 (CUP 95-15) for the
on-site sale of beer (a Type 40 license) at the existing The Player's Billiard Room. This request
would allow beer to be served on-site within the existing building and does not involve an
expansion of building floor area, exterior modifications, or changes in existing parking,
circulation, or landscaping.
LOCATION
The subject site consists of Assessor's Parcel Number 155-242-04, which is a .66 acre parcel
containing a multi-tenant center. The site is located at 1120 E. Highland Avenue, on the north
side of Highland Avenue, west of Newport Avenue in the Commercial General, CG-1, land use
district (see Attachment A, Location Map). The billiard room is located within Suite #3 of the
center.
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CUP 95-15 has been reviewed and found to be in conformance with the provisions of the
Development Code and consistent with the General Plan. The CUP specifically implements the
following General Plan Policies.
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.
1.6.3 Require Police Department review of uses which may be characterized historically
by high levels of noise, nighttime patronage, and/or rates of crime; providing for
the conditioning or control of use to prevent adverse impacts on adjacent
residences, schools, religious facilities, and similar "sensitive" uses.
1.7.1 Accommodate new development, adaptive reuse, and renovation in accordance
with the Land Use Map.
0
CONDITIONAL USE PERMIT NO. 95-15
AGENDA ITEM: 2
HEARING DATE: September 19, 199
Page 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS
This project has been determined to be categorically exempt from the requirements of CEQA
(Section 15301, Class 1, Existing Facilities).
BACKGROUND
Under Table 06.01 of the Development Code, a billiard room is considered "Miscellaneous
Indoor Entertainment" and, as such, is permitted in the CG-1 land use district subject to a
Development Permit. Entitlement was granted for The Player's Billiard Room through a Zoning
Consistency Review form at the Planning and Building Services front counter in February of
1994.
On January 1, 1995, the Business and Professions Code was amended to require that
jurisdictions provide a determination that "public convenience or necessity" will be met when
approving certain alcohol licenses. The need for the determination is based upon the number
of existing alcohol establishments versus the number of permitted alcohol establishments within
a given census tract. If more exist than are permitted, the area is considered "over
concentrated" and the determination is required. Due to the fact that the law requires the
governing body render the determination, the Mayor and Common Council are the approval
body.
This project was heard by the City's Development/Environmental Review Committee on August
17, 1995, and cleared to the Planning Commission.
ANALYSIS
Land Use
The center contains three suites. One is currently occupied with the remainder being vacant.
The center has parking in front along Highland Avenue and parldng in the rear. The area to the
immediate north is residential along 23rd Street backing-up to the site. The addition of alcohol
sales to the existing use will not alter the interior configuration of the billiard room or the scope
of its activities. It will allow the billiard room to serve beer on-site. The proposed beer sales
would be dispensed from a bar to the rear of the suite, which would occupy a small portion of
the floor area in the suite. Therefore, should the application be approved, the use will become
a billiard room with alcohol.
CONDITIONAL USE PERMIT NO. 95-15
AGENDA ITEM: 2
HEARING DATE: September 19, 199
Page 4
The area is currently home to various commercial uses along both sides of Highland Avenue,
including the existing billiards room. The nearest premise which sells alcohol for consumption
on-site (on-sale) is the Spirit Ballpark, which is located approximately 70 feet from the existing
billiard room.
As the Commercial General (CG-1)land use designation is intended to provide for the continued
use, enhancement, and new development of retail, personal service, entertainment, office, and
related commercial uses along major transportation corridors, the proposed addition of alcohol
to the existing billiard room is not incompatible with the surrounding commercial uses.
However, the Police Department, in a memorandum dated September 11, 1995, has indicated
that they believe the proposed use to be incompatible with the surrounding area (please see
discussion under Police Department Issues). Staff was originally considering recommending
approval of the proposal until receiving the memorandum in which the Police Department is
recommending denial. Staff does not disagree with the Police Department's assessment of the
situation and the potential impact on the surrounding residential community.
Currently there are no provisions precluding the business from allowing minors in the
establishment. With a Type 40 license, 18-21 year-olds would still be permitted in the business.
Parking
As the Development Code does not specify parking requirements for a pool room, the standard
of 1 space per 200 square feet of gross floor area is applicab-e. This yields-the need for 15
parking spaces to be devoted to this use. Given that the center provides 34 spaces on-site,
sufficient parking spaces exist to accommodate this use as well as future uses within the center.
Police Department Issues
The Police Department has reviewed CUP 95-15 and has recommended against approval of the
proposed addition of beer sales on-site (See Attachment Q. The memorandum indicates that
there have been 70 crimes in the past six months within the subject location's reporting district
and a total of 580 calls for service. The memorandum indicates that, according to the
Department of Alcohol Beverage Control, there are 28 on-sale premises and 11 off-sale premises
within the census tract and that eight on-sale facilities and six off-sale facilities are permissible.
CONDITIONAL USE PERMIT NO. 95-15
AGENDA ITEM: 2
HEARING DATE: September 19, 199
Page 5
The nearest school is located .8 miles from the existing billiard room, the nearest church is .3
miles from the existing billiard room, and the nearest residences are directly north of the site's
northern property line. The Police Department memorandum has indicated that certain residents
to the north of the billiard room have indicated their opposition to the proposed addition of
alcohol sales on-site due to noise and beer cans being found in one resident's back yard.
Research by the Police Department has yielded numerous calls for service in the reporting area
within the past six months, several on-sale beer/wine licenses in the immediate area, and
complaints by the adjacent residents. As such, the Police Department is recommending denial
of the subject application.
ABC Issues
The California State Department of Alcoholic Beverage Control (ABC) is the agency responsible
for authorizing licenses to sell alcohol. Prior to issuance of liquor licenses, the ABC must
coordinate with Planning and Police Department staff to ensure that entitlement has been granted
and that issuance would not create a law enforcement problem. In this situation, entitlement is
granted through approval of a conditional use permit.
The applicant is requesting approval of a Type 40 license from the ABC in an area that has an
over concentration of alcohol permits and a determination by the City is required indicating that
public convenience or necessity is served prior to issuance of the license. Staff believes that an
argument for not finding that public convenience or necessity will be met can be made in that
the site is currently functioning independently as a billiard hall without alcohol.
COMMENTS RECEIVED
Other than the comments received by the City's D/ERC, which have been incorporated into the
conditions of approval, and the concerns on the part of the Police Department, no comments
have been received as of the writing of this staff report.
CONCLUSION
The project is exempt from the California Environmental Quality Act.
CONDITIONAL USE PERMIT NO. 95-15
AGENDA ITEM: 2
HEARING DATE: September 19, 199
Page 6
RECOMMENDATION
Staff recommends that the Planning Commission deny Conditional Use Permit No. 95-15, based
on the Findings of Fact (Attachment "D").
Respectfully submitted,
A��#7p w
MICHAEL E. HAYS
Assistant Director p,/-
(� IZVAVU
CONAL MCNAMARA
Assistant Planner
ATTACHMENTS:
A. Location Map
B. Site Plan/Floor Plan
C. Police Department Findings/Recommendation
D. Findings of Fact
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ATTACHMENT C
City of San Bernardino
San Bernardino Police Department- ' .
Interoffice Memorandum -
To: SGT. J. GODDARD
From: CSR II M. SOTO
Subject: CONDITIONAL USE PERMIT #95-15
Date: September 11, 1995
Copies: CONAL MCNAMARA, PLANNING & BUILDING SERVICES
APPLICANTS: Ade Boentaran
Rafael Ramos
BUSINESS: Silver Q Billiards
1120 E. Highland Ave . #3
San Bernardino, CA 92404
INVESTIGATION:
The business is located within reporting district SC630 . For the
past six months there have been 70 crimes . Seven were crimes
against person and 61 were crimes against property. There were a
total of 580 calls for service .
The business is located within ABC census tract 62 . According to
ABC (as of 1982) there are 28 on-sale licensed premises with eight
allowed and 11 off-sale licensed premises with six allowed.
The nearest on-sale licensed premise is the Spirit Ballpark which
is located about 70' from the business . The nearest off-sale
licensed premise is Jug & Jigger Liquor which is located .4 Mi .
from the business .
The nearest school is Pacific High School which is located at 1020
E. Pacific Ave. and is . 8 Mi . from the business . The nearest
church is Golden Avenue Church which is located at 2404 N. Golden
Ave . and is . 3 Mi from the business .
The nearest residences are directly north and property line to
property line from the business . The addresses for these
residences are 1127, 1133 , 1139 and 1145 E. 23rd St .
COMMENTS FROM AREA RESIDENTS :
Resident of 1133 3 . 23rd St . said she opposes . She said at times
there are people in the rear of the business, which is also the
rear of her home . She has found beer cans in her backyard. She
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
a
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
PAGE TWO
CUP 95-15
said selling alcohol would most likely cause problems .
Resident of 1139 E. 23rd St . said she would not like alcohol in her
backyard. She said the business is directly behind her and at
times it does get noisy. She said she would protest if the
business were to get a alcohol license .
AREA COMMANDER COMMENTS :
Lt . Snell opposes approving the CUP. There are already several on-
sale premises in the immediate block. A residential area is
located directly to the rear of the business . He is concerned with
the problems this will cause the residents .
POLICE DEPARTMENT RECOMMENDATIONS •
Within the past six months there were 580 calls for service in the
reporting district . There are already several on-sale beer/wine
licenses in the area. There is a residential area directly to the
rear of the business . To alleviate any potential police problems,
the police department recommends denial of the CUP.
0
ATTACHMENT D
FINDINGS OF FACT
Conditional Use Permit No. 95-15
1. The proposed use is conditionally permitted within, and will not impair the integrity and
character of the CG-1, Commercial General, Land Use District, and complies with all
of the applicable provisions of the Development Code.
2. The proposed use is consistent with the General Plan in that it meets all applicable goals,
objectives and policies that are set forth, and specifically implements Policies 1.6.1,
1.6.2 and 1.7.1.
3. The approval of Conditional Use Permit No. 95-15 is in compliance with the
requirements of the California Environmental Quality Act and Section 19.20.030 of the
Development Code, in that it is Categorically Exempt from the California Environmental
Quality Act.
4. There will be no potentially significant negative impacts upon environmental quality and
the natural resources that could not be properly mitigated and monitored, in that this
project was determined to be exempt from the California Environmental Quality Act.
5. The location, size, and operating characteristics of the proposed use are not compatible
with the existing uses within the general area in which the proposed use is to be located
and will create significant conditions or situations that may be objectionable or
detrimental to the neighboring residences to the north. As such, the proposed use can
be considered adverse to the public interest, health, safety, convenience, or welfare of
the City.
6. The subject site is physically suitable for the type and density/intensity of use being
proposed, in that its design, site configuration and use complies with the requirements
of the CG-1 Land Use District, and there are no physical characteristics or constraints
applicable to the site which would prevent the location of the proposed use on the site.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public health and
safety, in that the proposed use will be located in an existing building that is presently
serviced by utilities.
1
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Last Updated: 8/22/95 Account 001-000-4303
CITY OF SAN BERNARDINO - NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council
appeals must be filed in the City Clerk's Office accompanied by the appropriate fee.
Complete All Information
\� u
Appellant�Name 'i
& Address: ` V^ S
Contact Person J��N
& Address: L
Contact Person Phone
Number: Day: Evening:
Affected Property Sl�ni �.� ��
Address & APN # ` ( Z� (� «=��- ' C4
Tyne of Appeal - Check On
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
/ Planning Commission ($122.00 *) _ Board of Building Commissioners (No Charge)
Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Other/Explain: (No Charee�
Vehicle Abatement ($75.00) Other/Explain: (No Charge)
(continue next page)
A VALID APPEAL MUST INCL..JE THE FOLLOWING INFORMS. .ON (SBMC 2.64):
1. The specific action appealed, and date of that action:
2. The specific grounds of appeal: n�l
<< '
3. The actions(s) sought from the legislative body:
4. Any additional information: N/
Signature of App a t: n
Date:
Mr. Al Boughey, Director '95 OCT -2 Al :18
Planning and Building Services
City of San Bernardino
300 North D Street
San Bernardino, Ca. 92418
October 2, 1995
Reference: CUP 95- 15
Subject: Appeal of Planning Commission Decision, 9- 19-95
Mr. Boughey,
By way of this letter we are appealing to the Common Council the Planning
Commi ssi on's deci si on to deny Condi ti onal Use Permi t 95- 15 on the
grounds that the adverse findings of fact are not rationally based or
supported.
Enclosed is my clients check,"7O2, in the amount of $122.00.
Please advise accordingly.
'ery S' rely, -
�
�ohn',Lightburn
PostOffice Box 16 2
San�Bernardino, Co. 2402
�9-882-7526
cc: R. Ramos, Silver V
433 8 luzv a4,q.
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Entered into Record at
CouncillCmyDerCms
by
re Agenda Item 30
City ClerklCOC Secy
City of San Bernardino