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HomeMy WebLinkAbout33- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST Foi COUNCIL ACTION From: Al Boughey, Director Subject: Determination of Public Convenience or Necessity (PCN No. 95-01) for Dept: Planning & Building Services Type 40 On-Sale Liquor License for the Existing San Bernardino Arena Date: January 25, 1996 Located at 137 South "G" Street MCC Date: February 5, 1996 Synopsis of Previous Council Action: January 22, 1996 The Mayor and Common Council continued this request to the February 5, 1996 Council meeting for additional information. August 21, 1995 The Mayor and Common Council elected to remain the body that reviews and issues requests for letters of Public Convenience or Necessity. Recommended Motion: That the Mayor and Common Council determine that the public convenience and necessity is served subject to compliance with Conditional Use Permit Conditions of Approval (pertaining to site improvements), prior to expiration, and Police Department conditions and, direct the Planning and Building Services Department to prepare a letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control for the Type 40 alcohol license request at the San Bernardino Arena. /i a­ f Bo -� 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: a/5 9G Agenda Item No. 33 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL REQUIRED DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY; TYPE 40 ON-SALE LIQUOR LICENSE FOR THE EXISTING SAN BERNARDINO ARENA LOCATED AT 137 SOUTH "G" STREET MAYOR AND COMMON COUNCIL MEETING OF FEBRUARY 5, 1996 OWNER: G & S Investment Company Inc. 15910 Ventura Boulevard Suite 1602 Encino, CA 91436 APPLICANT: Charles F. Johnson San Bernardino Arena 137 South "G" Street San Bernardino, CA 92401 REQUEST AND LOCATION The applicant, Mr. Charles F. Johnson of the San Bernardino Arena, is requesting approval from the State Department of Alcoholic Beverage Control of a Type 40 Liquor License. This license allows the sale of beer for on-site consumption. The San Bernardino Arena previously had a Type 40 Liquor License which expired on March 31, 1994 due to non-renewal. (See Exhibit 1, Letter of Request for PCN No. 95-01) The San Bernardino Arena is the sole tenant in the building located at 137 South "G" Street, on the east side of "G" Street between Rialto Avenue and Congress Street in the CCS-1, Central City South land use designation. BACKGROUND On January 22, 1996, the Mayor and Common Council directed staff to provide a summary of the statistical information on crime in the area of the San Bernardino Arena. The item was continued to the February 5, 1996 Mayor and Common Council meeting. Further background information on PCN No. 95-01 and CUP No. 92-18 is contained in the January 22, 1996 Staff Report to the Mayor and Common Council (previously distributed). Public Convenience or Necessity No. 95-01 Mayor and Common Council Meeting of February 5, 1996 Page 2 GENERAL INFORMATION Undue Concentration of On-Sale and Off-Sale Licenses The Business and Professions Code defines undue concentration where any of the following occur: • The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. • The ratio of on-site licenses to population within the Census Tract in which the applicant premises are located exceeds the ratio of on-site licenses to population in the County. 0 The ratio of off-site licenses to population within the Census Tract in which the applicant premises are located exceeds the ratio of off-site licenses to population in the County. ABC determines the number of on-site and off-site authorized licenses by Census Tract based on the population ratios. If there is an undue concentration in the Census Tract or the issuance of a license would result in over concentration, a determination of Public Convenience or Necessity is required. The actual number of on-site or off-site licenses within a Census Tract varies at any given time, based on closures, transfers and/or new licenses issued. However, the data is not updated daily, resulting in differences or discrepancies in the numbers of actual licenses reported. Police Department Investigation Criteria The Police Department reviews and investigates all requests for ABC licenses utilizing the following criteria: 1. Protests from area residents (within 100 feet) 2. Close proximity to schools (within 500 feet) 3. Close proximity to churches (within 500 feet) 4. Close proximity to parks (within 500 feet) 5. Potential police problems 6. Background of the applicant 7. Location crime statistics for the past six months The Police Department has established 182 Reporting Districts within the City for ease in compiling crime statistics and related information. The Reporting District boundaries do not always coincide with Census Tract boundaries. A Reporting District may overlap two Census Tracts or a Census Tract may contain several Reporting Districts. The crime statistics provided by the Police Department cover the area in which a proposed project is located. Public Convenience or Necessity No. 95-01 Mayor and Common Council Meeting of February 5, 1996 Page 3 INVESTIGATION FOR SAN BERNARDINO ARENA The investigation indicates that there have been no protests from area residents and that the Arena is not located within close proximity to schools, churches or parks. The background investigation did not reveal any criminal or felony information related to or about the applicant. Implementation of the Police Conditions for PCN No. 95-01 and the Conditions of Approval for CUP No. 92-18 will mitigate any potential police problems associated with the operation of the San Bernardino Arena. Crime Statistics The San Bernardino Arena is located within Census Tract No. 59 which is divided into three Reporting Districts (RD). The Arena is within the westernmost RD 308. The following statistics which were provided by the Police Department for RD 308 represent a six month period from May 1, 1995 to October 31, 1995. Part I Crimes 169 Arrests 6 Calls for Service 244 Calls for Service for Location 6 (137 South "G" Street) The number of alcohol licenses authorized for Census Tract No. 59 are 2 on-sale and 2 off-sale. The active licenses within the tract are 2 on-sale and 2 off-sale. Although the number of alcohol licenses authorized for Census Tract No. 59 have been met, none are located in the immediate vicinity of the Arena. Police Department's Recommendation Based on the preceding, the Police Department has stated that they will not protest the determination of public convenience or necessity for the issuance of a ABC Type 40 Liquor License for the San Bernardino Arena pending adherence to the Conditions Of Approval for PCN No. 95-01 and CUP No. 92-18. Public Convenience or Necessity No. 95-01 Mayor and Common Council Meeting of February 5, 1996 Page 4 DETERMINATION The applicant's request has been reviewed and the on-site sale of beer at the existing San Bernardino Arena located at 137 South "G" Street will not have a negative impact on the surrounding community and, due to the nature of the sports/concert arena from which the alcohol will be sold, will serve the public convenience or necessity. The determination is based on the following: 1. The proposed location is an existing, sports/concert arena that has been in operation for over 30 years. The proper security and lighting will allow patrons to purchase alcohol in a safe setting. 2. The floor area devoted to alcohol sales will be minimal and customers will benefit from the issuance of the license by purchasing their alcoholic beverages while they attend sporting and/or concert events in the arena. 3. The sale of alcohol is reasonable and common within most sports/concert arenas. The inclusion of alcohol sales will allow arena patrons the same opportunities given throughout the state at other similar facilities. 4. The Police Department and Planning and Building Services Department have reviewed the request and do not object to the sale of alcohol on-site, subject to Conditions. RECOMMENDATION Staff recommends that the Mayor and Common Council determine that public convenience and necessity is served and direct the Department of Planning and Building Services to prepare a letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control for the Type 40 On-Sale Liquor License request at the existing San Bernardino Arena located at 137 South "G" Street. This determination shall be contingent upon completion of the Conditions of Approval for CUP No. 92-18 and Police Department Conditions. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, AICP, Director Planning and Building Services CITY OF SAN BERNAxMINO - REQUEST FGAc COUNCIL ACTION From: Al Boughey, Director Subject: Determination of Public Convenience or Necessity (PCN No. 95-01) for Dept: Planning & Building Services Type 40 On-Sale Liquor License for the Existing San Bernardino Arena Date: December 5, 1996 Located at 137 South "G" Street MCC Date: Jan uary 22, 1996 Synopsis of Previous Council Action: On August 21, 1995, the Mayor and Common Council elected to remain the body that reviews and issues requests for letters of Public Convenience or Necessity. =96NI 5:21 Recommended Motion: That the Mayor and Common Council determine that the public convenience and necessity is served subject to compliance with Conditional Use Permit Conditions of Approval (pertaining to site improvements), prior to expiration, and Police Department conditions and, direct the Planning and Building Services Department to prepare a letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control for the Type 40 alcohol license request at the San Bernardino Arena. ughe 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: !2L" Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL REQUIRED DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY; TYPE 40 ON-SALE LIQUOR LICENSE FOR THE EXISTING SAN BERNARDINO ARENA LOCATED AT 137 SOUTH "G" STREET MAYOR AND COMMON COUNCIL MEETING OF JANUARY 22, 1996 OWNER: G & S Investment Company Inc. 15910 Ventura Boulevard Suite 1602 Encino, CA 91436 APPLICANT: Charles F. Johnson San Bernardino Arena 137 South "G" Street San Bernardino, CA 92401 REQUEST AND LOCATION The applicant, Mr. Charles F. Johnson of the San Bernardino Arena, is requesting approval from the State Department of Alcoholic Beverage Control of a Type 40 Liquor License. This license allows the sale of beer for on-site consumption. The San Bernardino Arena previously had a Type 40 Liquor License which expired on March 31, 1994 due to non-renewal. (See Exhibit 1, Letter of Request for PCN No. 95-01) The San Bernardino Arena is the sole tenant in the building located at 137 South "G" Street, on the east side of "G" Street between Rialto Avenue and Congress Street in the CCS-1, Central City South land use designation. Public Convenience or Necessity No. 95-01 Mayor and Common Council Meeting of January 22, 1996 Page 2 BACKGROUND On July 21, 1992, the Planning Commission approved Conditional Use Permit (CUP) No. 92-18 for on-site sale of beer in the San Bernardino Arena, an existing facility. At the time of the CUP approval, the Arena had continuously been in operation for many years. A request was approved on July 21, 1993 for a one year Extension Of Time to July 21, 1994. The project approval was automatically extended for two more years to July 21, 1996 by ordinance (MC- 895). CUP No. 92-18 was approved subject to Conditions of Approval and Standard Requirements for certain on-site improvements (parldng lot and landscaping, etc.) that have not yet been completed. The CUP approval will expire on July 21, 1996 if the improvements are not installed by that date. On October 12, 1994, a determination was made that concert events and boxing and wrestling events are similar uses that fall under the category of miscellaneous indoor entertainment/recreation. Based on this determination, the applicant obtained an approved ! Zoning Verification Review which allowed Business Registration to be issued for concert events. ! PUBLIC NECESSITY OR CONVENIENCE ! On January 1, 1995, the Business and Professions Code was amended to require that the determination for public convenience or necessity be added. The amendment is a result of the existence of an "undue concentration" of alcohol establishments in certain areas. Based on the number of establishments per person living in the area, the ABC has determined that the urbanized areas of Riverside and San Bernardino Counties have an over concentration of licenses. As such, the City is required to make the determination that the license serves the public convenience or necessity. Section 23958.4(b)(2) of the Business and Professions Code specifically states that "the Department (ABC) may issue a license...if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance." At the meeting of August 21, 1995, the Mayor and Common Council elected to remain the body that reviews and issues requests for letters of Public Convenience or Necessity. The Police Department was contacted verbally and in a memorandum dated November 29, 1995. Their response to the Planning Staff indicates that they have no objection to the proposed sale of beer pending compliance with eight Conditions (see Exhibit 2, Police Department Memorandum). Because the determination of Public Convenience or Necessity is tied to the Public Convenience or Necessity No. 95-01 Mayor and Common Council Meeting of January 22, 1996 Page 3 original CUP approval, Planning staff has conditioned the ABC Type 40 Liquor License and PCN No. 95-01 for compliance with the Conditions Of Approval for CUP No. 92-18 (see Exhibit 3, Conditions of Approval). DETERMINATION The applicant's request has been reviewed and the on-site sale of beer at the existing San Bernardino Arena located at 137 South "G" Street will not have a negative impact on the surrounding community and, due to the nature of the sports/concert arena from which the alcohol will be sold, will serve the public convenience or necessity. The determination is based on the following: 1. The proposed location is an existing, sports/concert arena that has been in operation for over 30 years. The proper security and lighting will allow patrons to purchase alcohol in a safe setting. 2. The floor area devoted to alcohol sales will be minimal and customers will benefit from the issuance of the license by purchasing their alcoholic beverages while they attend sporting and/or concert events in the arena. 3. The sale of alcohol is reasonable and common within most sports/concert arenas. The inclusion of alcohol sales will allow arena patrons the same opportunities given throughout the state at other similar facilities. 4. The Police Department and Planning and Building Services Department have reviewed the request and do not object to the sale of alcohol on-site, subject to Conditions. ENVIRONMENTAL DETERMINATION Due to the fact that this request is not considered a project under CEQA, no determination is necessary. CONCLUSION The applicant will need to complete all of the Conditions of Approval pertaining to site improvements prior to July 22, 1996, the expiration date for CUP No. 92-18, or the CUP will Public Convenience or Necessity No. 95-01 Mayor and Common Council Meeting of January 22, 1996 Page 4 become null and void and the City will take steps to have the ABC Type 40 On-Sale Liquor License revoked. RECOMNIENDATION Staff recommends that the Mayor and Common Council determine that public convenience and necessity is served and direct the Department of Planning and Building Services to prepare a letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control for the Type 40 On-Sale Liquor License request at the existing San Bernardino Arena located at 137 South "G" Street. This determination shall be contingent upon completion of the Conditions of Approval for CUP No. 92-18 and Police Department Conditions. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, AICP, Director Planning and Building Services EXHIBITS: 1. Letter Of Request for PCN No. 95-01 2. Police Department Memorandum (dated November 29, 1995) 3. Conditions of Approval for ABC Type 40 On-Sale Liquor License and PCN No. 95-01 EXHIBIT 1 Charles F. Johnson 137 South"G" Street San Bernardino, CA 92401 L] U �J San Bernardino City Council City Hall N U V 0 9 i995 San Bernardino, CA 92401 CITY OF SAN BERNARDINO RE: The San Bernardino Census Tract 0059 DEPARTMENT OF PLANNING & BUILDING SERVICES Honorable City Council Members; The San Bernardino Arena is and should be considered a public convenience and a necessity for census tract 0059. The Arena has had 16 successful shows in the past 8 months. Unlike the Blockbuster,the UCR Barn and the National Orange Show, no violence has occurred at our facility which the our local police or fire department has had to respond to. Nine(9)of the Area's 16 shows have sold out with 1,500 people from all over Southern California. The other seven show have averaged between 500 and 1,300 people with no incidents. Also 10 of the 16 shows have had National Recording Acts,some of which have performed at the Arena. The Arena's primary function is entertainment and the selling of beer will only be a convenience to the many patrons who request it. Several non-profit organizations have sold beer at 11 past events,and the Arena has been licensed in the past for the sale of beer with no known problems. According to Golden Voice Entertainment,the largest promotion company in Southern California,the Arena is the only mid-size entertainment center currently in the Inland Empire area that has been successful for them. With the continued successful operation of the Arena, there will be over 40 jobs offered to local residents, such as security, ticket takers, parking attendants, clean-up crews, stage managers, sound and lighting personnel and electrician,just to name a few and not to mention the collateral ecQwmic benefit that possible could be derived from the arena. Many local companies such as the Raddison Hotel, Denny's,McDonalds, In&Out Burger,the Carousel Mall,Long John Silvers have all experienced economic benefits from the many people who have attended events at the Arena. The tax revenue generated from the Arena alone warrants the change to Census Tract 0059. And last but not least,when the baseball stadium is completed,this Census Tract rating will effect its status as well. The Arena has benefit the surrounding greatly and is considered a historic site. We urge you to strongly consider this as an assets and issue a letter of approval for the addition of another license. According to the ABC, one company has both licenses. We anxiously await your valued decision. V son Proprietor, �9 U u EXHIBIT 2 D NOV 2 9 1995 City of San Bernardino San Bernardino Police Department CITY OF SAN F i$LANtpiilp Interoffice Memorandum DEPARTMENT�}P aLANA,t�;; « To: DEBORAH WOLDRUFF, PLANNING & BLDG. SERVICES From: CSR II M. SOTO Subject: S .B. ARENA, 137 SOUTH G ST. Date: November 29, 1995 Copies: Per our conversation on 11-29-95, the following are the conditions the San Bernardino Police Department are recommending: 1 . One licensed uniformed security officer, per every 150 people in attendance during live entertainment functions on the premises . 2 . The applicants be responsible for reimbursement costs to the City of San Bernardino for "Extraordinary" police services on their premises . Extraordinary police services are those as defined under Standard Operating Procedure, chapter 21, procedure 4 , of the SBPD S .O.P. 3 . The sale of alcoholic beverages for consumption off the premises shall be prohibited. 4 . No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee . 5 . The licensee shall be responsible for maintaining - free of litter and graffiti, the area adjacent to the premises over which it- has control . 6 . Licensee shall be responsible for controlling loitering in the licensed premises and/or the area adjacent to the premises over which it has control . 7 . Exterior lighting shall be sufficiently and properly maintained to illuminate all areas of the exterior of the building and property for easy detection of suspicious and criminal activity. 8 . If public telephones are located on the premises, they shall be fixed for outgoing calls only. THE SBPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING EXHIBIT 3 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY (PCN NO. 95-01) MAYOR AND COMMON COUNCIL MEETING OF JANUARY 22, 1996 CONDITIONS OF APPROVAL FOR ABC TYPE 40 ON-SALE LIQUOR LICENSE & PCN NO. 95-05 1. The owner/applicant/operator of the San Bernardino Arena, located at 137 South "G" Street, shall comply with all of the Conditions of Approval and Standard Requirements for Conditional Use Permit (CUP) No. 92-18 (copy attached) as a condition of the ABC Type 40 On-Sale Liquor License and the City's determination of Public Convenience or Necessity (PCN No. 95-01). 2. The owner/applicant/operator of the San Bernardino Arena shall comply with all of the Police Department Conditions outlined in the Memo dated November 29, 1995 (Exhibit 2 of the January 22, 1996 Mayor and Common Council Staff Report). Attachment "C" CONDITIONAL USE PERMIT NO. 92-18 AGENDA ITEM:10 HEARING DATE: July 21, 1992 Page 10 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 92-18 1. Construction shall be in substantial conformance with the plan(s) approved by the Planning Commission. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10 % of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority, if applicable. a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; C. Reconfiguration of architectural features,, including colors, and/or modification of finished - materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a_ development project. Within one year of Conditional Use Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases, if preapproved by the review authority. If a project is built in preapproved phases, each subsequent prase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project: Conditional Use Permit No. 92-18 Expiration Date: July 21, 1993 2 . The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. CONDITIONAL USE PERMIT NO. 92-18 AGENDA ITEM: 10 HEARING DATE: July 21, 1992 Page 11 3 . 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, indemnify, 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 attorney's fees which the City may be required by the court to pay as a result of such action, but such participation shall not relieve the applicant of his obligation under this condition. 4 . Prior to final inspection, the landowner- shall file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owners) , fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. 5. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: XX Public Works (Engineering) Department XX Water Department XX Parks, Recreation & Community Services Department CONDITIONAL USE PERMIT NO. 92-18 AGENDA ITEM:10 HEARING DATE: July 21, 1992 Page 12 a 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval . This includes Chapter 19 . 20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control ; exterior lighting design and control ; noise control; odor control ; screening; signs, off-street parking and off- street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. This requirement also includes any applicable Land Use District Development Standards for residential, commercial and industrial developments regarding minimum lot area, minimum lot depth and width, minimum setbacks, maximum height, maximum lot coverage, etc. 7. The developer is to submit a complete master landscape and irrigation plan (5 copies) to the Public Works Department with the required fee for review. The landscape plans will be forwarded to the Parks, Recreation and Community Services and the Planning Division for review. (Note: the issuance of a building development permit, by the Department of Planning and Building Services, does NOT waive this requirement. ) No grading permit(s) will be issued prior to approval of landscape plans. The landscape and irrigation plans shall comply with the "Procedure and Policy for Landscape and Irrigation" (available from the Parks Department) , and comply with all applicable provisions of Chapter 19.28 (Landscaping Standards) of the Development Code effective on the date of approval of this permit. Trees are to be inspected by a representative of the Parks Department prior to planting. CONDITIONAL USE PERMIT NO. 92-18 AGENDA ITEM:10 HEARING DATE: July 21, 1992 Page 13 8 . The master landscape and irrigation plan shall indicate the location of walls and fences and shall include a typical elevation for all proposed walls, existing repaired and refurbished walls and fences. 9. Any expansion of the primary use (sports arena) or secondary use (on-site sale of beer) , structure or site will require additional development approvals from the Planning and Building Services Department. 10. This project (CUP 92-18) shall be required to maintain a minimum of 24 standard off-street parking spaces as shown on the approved plan(s) on file. 11. Speed bumps shall be installed on the drive aisles which serve as the site's primary circulation lanes. The placement of the speed bumps shall be approved by the Police Department and the Public Works Department. 12 . If fencing is desired along the north property line, it shall be compatible with the chain link fencing used by the Southern California Gas Company whose property is located adjacent to _ _ the south and east property lines of the arena. 13. Operation guidelines that the licensee~ shall follow in the selling of alcoholic beverages are: a. Not permitting drinking in the parking lots. b. Not allowing drunks on the premises. C. Discouraging loitering on the premises and congregation of groups of people. d. Not selling to minors or someone under the influence. 14. Arcade game machines shall not be located on the premises. 15. Outdoor public telephones shall not be allowed. 16. There shall be sufficient, maintained exterior lighting to identify any person or their activities by the Police of any property under ownership of the licensee. 17. Two documented Alcoholic Beverage Control violations for sales to minors or to someone under the influence shall result in the immediate revocation of the San Bernardino Arena's Conditional Use Permit. CONDITIONAL USE PERMIT NO. 92-18 AGENDA ITEM:10 HEARING DATE: July 21, 1992 Page 14 18 . The outside area shall be kept clean by immediate trash pick- up and/or sweeping, all graffiti shall be removed within seven days of occurrence and the developed areas shall be properly maintained. 19 . Onsite security patrol guard coverage using a minimum of two (2) off-duty police officers or duly licensed security guards shall be provided during business hours unless the Police Chief determines more security patrol guards are required. 20. On-site electronic surveillance shall be required during business hours. 21. The Alcohol Beverage Control (ABC) License Type 40 shall limited to on-site sale of beer, only. 22 . The Conditional Use Permit Conditions of Approval Nos. 12. through 21. shall be posted inside the San Bernardino Arena in a prominent public location. L'1L l,QV I"L LC 11L U CITY OF SAN L ;-RNARDINO PUBLIC MORKa/E�IOlt, CASE CLIP 92-18 STANDARD REQUIREMENTS AGENDA ITEM 10 HEARING DATE 7-21-92 PAGE 15 NOTE TO APPLICANT: Where separate Engineering plans are required , the app icant 1s responsible for submitting the Engineering plans directly to the Engineering Division . They may be submitted prior to submittal of Building Plans . Drainage and Flood Control All necessary drainage and flood control measures shall be subject to requirements of the City Engineer , which may be based in part on the recommendations of the San Bernardino Flood Control District. The developer ' s Engineer shall furnish all necessary data relating to drainage and flood control . A local drainage study will be required for the project . Any drainage improvements , structures or storm drains needed to miti - gate downstream impacts or protect the development shall be designed and constructed at the developer ' s expense , and right- of-way dedicated as necessary . The development is located within Zone A on the Federal Insurance Rate Maps ; therefore , a Special Flood Hazard Area Permit issued by the City Engineer shall be required . The development is located within Zone B on the Federal Insurance Rate Maps; therefore, all building pads shall be raised above the surrounding area as approved by the City Engineer . Comprehensive storm drain Project No . is master planned in the vicinity of your development. rFTs rain shall be designed and constructed by your project unless your Engineer can conclu- sively show that the drain is not needed to protect your develop- ment or mitigate downstream impacts . X All drainage from the development shall be directed to an approved public drainage facility . If not feasible , proper drain age facilities and easements shall be provided to the satisfac- tion of the City Engineer . Applicant shall mitigate on-site storm water discharge suffi - ciently to maintain compliance with the City ' s NPDES Storm Water Discharge Permit requi.rements . A "Notice of Intent ( NOI ) " shall be filed with the State Water Quality Control Board for construction disturbing 5 acres or more of land . . An Erosion Control Plan shall be approved by the City Engineer prior to grading plan approval . The plan shall be designed to control erosion due to water and wind , including blowing dust . during all phases of construction , including graded areas which are not proposed to be immediately built upon . CITY OF SAN BI.RNARDINO PUBLIC WORKS/El�Olt, CASE CUP 92' STANDARD REOUREMENTS AGENDA ITEM 10 HEARING DATE 7-21 -92 ' PAGE 16 Grading X If more than 1 ' of fill or 2 ' of cut is proposed , the site/plot/ grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required . The grading plan shall be prepared in strict accordance with the City ' s "Grading Policies and Procedures " and the City ' s " Standard Drawings " , unless otherwise approved by the City Engineer in advance . If more than 5 ,000 cubic yards of earthwork is proposed , a grading bond will be required and the grading shall be supervised in accordance with Section 7012 ( c ) of the Uniform Building Code . A liquefaction report is required for the site . This report must be submitted and approved prior to issuance of a grading permit . Any grading requirements recommended by the approved liquefaction report shall be incorporated in the grading plan. • X An on-site Improvement Plan is required for this project. Where feasible , this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15 . 04-167 of the Municipal Code ( See "Grading Policies and Procedures " ) . The on-site Improvement Plan shall be approved by the City Engineer . A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage , access , sewer , and/or parking is proposed to cross lot lines , or a lot merger shall be recorded to remove the interior lot lines . • X The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 4 copies to the Engineering Division for checking . X An on-site Lighting Plan for the project shall be reviewed and approved by the City Engineer . This plan can be incorporated with the grading plan , or on-site improvement plan , if practical . A Landscape Maintenance District shall be implemented to maintain landscaping within the following areas : Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. CITY OF SAK 3ERNARDINO PUBLV W�RKS/EIiOR, CASE STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE 7-21-92 PAGE - 17 Utilities 6 . X Design and construct all public utilities to serve the site in accordance with City code , City Standard and requirements of the serving utility , including gas , electric , telephone , water , sewer and cable TV . Each parcel shall be provided with separate water and sewer faci - lities so it can be served by the City or the agency providing such services in the area . Sewer main extensions required to serve the site shall be con- structed at the Developer ' s expense . Sewer systems shall be designed and constructed in accordance with the City ' s "Sewer Policy and Procedures" and City Standard Drawings . 7 . X Utility services shall be placed underground and easements pro- vided as required . All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accor dance with Section 19 . 20 . 030 ( non-subdivisions ) or 19 . 3.0 ._110 ( subdivisions ) of the Development Code . 8 • X Existing utilities which interfere with new construction shall be relocated at the Developer ' s expense as directed by the City Engineer . Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer ' s Engin- eer and approved by the City Engineer will be required . This plan can be, incorporated in the grading plan , where practical . A "communication Conduit" shall be installed in all streets with- in and adjacent to this project. The conduit shall be dedicated to the City and its primary use shall be for Cable TV installed by the Cable TV Company under permit from the City of San Bernar- dino . • CITY OF SAN r '.RNARDINO PUBLIC VORKS/VOWL SSE CUP 92-18 STANDARD RECUREMENTS AGENDA ITEM 10 HEARING DATE 7-21-92 PAGE 18 _ r eet Improvement and Dedications : 9 . X All public streets within and adjacent to the development shall be improved to include combination curb and gutter , paving , handicap ramps , street lights , sidewalks and appurtenances , including , but not limited to , traffic signals , traffic signal modification , relocation of public or private facilities which interfere with new construction , striping , signing , pavement marking and markers , and street name signing . All design and construction shall be accomplished in accordance with the City of San Bernardino " Street Improvement Policy " and City " Standard Drawings " , unless otherwise approved by the City Engineer . Street lighting , when required , shall be designed and constructed in accordance with the City ' s " Street Lighting Policies and Procedures " . Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer . For the streets listed below, dedication of adequate street right-of-way ( R . W . ) to provide the distance from street centerline to property line and placement of the curb line ( C . L . ) in relation to the street centerline shall be as follows : Street Name Right-of-Way ( Ft . ) Curb Line ( Ft. ) � • X Driveway approaches shall be constructed per City Std . No . 204 , Type II . 1 , X Relocate existing railroad crossing sign to clear proposed North driveway approach as approved by the City Engineer . X Relocate or modify existing drainage outlet to accommodate proposed North driveway approach as approved by the City Engineer . CITY .OF SAP 3ERNARDINO PU13L ; WORKS/001 , SCUP 92-18 STANDARD REOLAREMENTS AGENDA ITEM LU HEARING DATE PAGE 1 eat0 red Engineering Permits: 13 . X Grading permit ( if applicable . ) . 14 . X On-site improvements construction permit ( except buildings - see Planning and Building Services ) , includes landscaping . 15 . X Off-site improvements construction permit. Applicable Engineering Fees (Fees subject to change without notice) Plan check fee for Final /Parcel Map - $1 ,000 . 00 plus $30 .00 per lot or parcel . 16 . X Plan check and inspection fees for off-site improvements - 3% and 2 . 5% , respectively , of the estimated construction cost* of off-site improvements . 17 . X Plan check and inspection fees for on-site improvements ( except buildings - See Planning and Building Services ) - 1% and 1% , respectively , of the estimated construction cost* of on-site improvements , including landscaping . 18 . X Plan check and inspection fees for grading ( if permit required) - Fee Schedule available from the Engineering Division . Drainage fee in the amount of Traffic system fee in the estimated amount of Exact amount shall be determined by the City Traffic Engineer at time of application for Building Permit. Sewer connection fee in the amount-. of Street or easement dedication processing fee in the amount of $200 . 00 per document. *Estimated construction cost is based on schedule of unit prices on file with the City Engineer . In Bernardino City Water Departmo- J '��,1 X � STANDARD.REQUIREMENTS L� Review of Plans: # CUP 92-18 Date: Location: 137 S. "G" St. Approved: Type of Construction: To est. onsite sales of beer at Sports Arena. Denied: Owner/Developer: Frederick J. Curlin, M.D. Continued: ENGINEERING: Name:( 1 LC�� ,<S Date: ld1 — I b P.S. I. ❑ Size of Main Adjacent to the Project ❑ Pressure Regulator Required on Customer's Side on the Meter. Off-site Water Facilities Req fired to eet Peak Flow Demand. 19 •, 1 Comments: Subject to the Rules&Regulations ofthe Water Department in effect at the time of Application for Water Service. This Area is Serviced by East Valley Water District and All Fees/Conditions will be Determined by their Engineering Department. WATER QUALITY CONTROL DEPARTMENT: Name: %ft Date: ❑ R.P.P. Backflow Device Required at Service Connection. _ Double Check Backflow Device Required at Service Connection. Air Gap Required at Service Connection. 20 _7* No Backflow Device Required. ENVIRONMENTAL CONTROL OFFICER: Name: ate: 1 Industrial Waste Permit Required by Environmental Control Officer. Grease Trap Required by Environmental Control Officer. Pre-treatment Required by Environmental Control Officer. 21 �' No Regenerative Water Softeners May be Installed Without Prior Approval. 22 .,X Approved by Environmental Control Officer. SEWER CAPACITY INFORMATION: Name: Date: —11o, 23 .Ilk No Sewer Capacity Fee Applicable at This Time. Sewer Capacity Fee Must Be Paid to the City Water Department for the Amount of Gallons Per Day. Equivalent Dwelling Units: Subject to Recalculation of Fee Prior to the Issuance of Building Permit. Proof of Payment Must be Submitted tothe Building&Safety Department Priorto Issuance ofthe Building Permit. Breakdown of Estimated Gallons Per Day: •216 13-901 WATR•3.04 CENTRAL nnwTNG.SSEERVICES CITY OY SO BERHARDI110 DEPARagXTS 07 - TY SIRVICZS ,,AM.,,AM. IlC�a?IOIi An I- - . yL A?a nc DzPARvr An POLICt ?Os LMSCAPDC AID VMCATION am= =41T CMOMtClAL �DS'IRLi• _ . . • Table of Contents I. Purpose 11. Submittals �. Number of Plans and Submittal Procedures a. Landscape Plans C. Irrigation Plans IIZ. Landscape Areas A. )Uintenance of Landscaped Areas D. Planter Areas C. Interior Planter Areas • D. Irrisatiaa E. Setback Areas T. Slope C. Cround Cover and Bedding Material g. Lrosioa Control I. Steed Control i - IV. Plant materials A. Plant List and C11wtic Conditions D. Street Trees C. plant material i { O. Inspectim A. Irrigates slat° D. Undscap3as VI. other Requirements s • QUIRDWTS rOX SUBMITTAL AND '10VAL V: LANDSCAPE AND IRRIGATION I. PURPOSE 7be intent and purpose of these guidelines is to provide: 1. Guidance in the required submittal of landscape and irrigation pleas. 2. Guidance in meeting street tree requirements. 3. Guidance in selection of plant material. A. Guidance in what the plans (landscape and irrigation) shall show. II. SUBMITTALS A. NUMBER OF PLANS AND SUBMITTAL PROCEDURE IfIyE; ($) copies each of landscape and irrigation plans shall be sub- mitted to the Public Works/D4ineering Department along vitb payment of the appropriate Landscape Plan Review Tee. S. LANDSCAPE PLANS 1. Shall be drawn by one of the following: A. A registered landscape architect. 3. ♦ licensed landscape contractor who installs the.actual landscape. G. A nursery. D. The owner. MOTE: The nacre. address. telephone numbers alyag with signatuZ of the persoa(s) who do the design shall be on the plans. Raistsred landscape architects and licensed landscape contractors shall include their registration numbers and/or license numbers. 2. Plans shall be legibly draw to scale on paper no smaller than 16" z 24" and no larger than 24" z 36". 3. Plans shall show location of the property by vicinity map and nearest cross streets and give the property address or assessor's parcel number. A. Plans shall show location of existing and proposed utilities — :hove =round and underground. S. Places shall show type of zoning. the scale, and northerly dizectlonal arrow. 6. Plans shall contain plant legends for all e:istins and proposed plant material. fie legend shall be as follow: kale •C eiz mature size.ZZ. d. plans I contain landscape specificpat4 and protected sfro% 9. plans sh&il show all requ red landscape to parking areas with toncreteaddress* and telephone number of 10. Plans shaper the property C. IRRIGATION "S hall be provided with an automatic 1. All required landscaping s irrigation system. 2. glans shall be submitted with. attached to. and the same size as landscape plans. 3. plans shall address conservation of voter and energy. A. Components - low gallonage and low precipitation beads. drip systems and other sub-surface techniques. mini jet heads, moisture sensing devices. controllers with ability of variable programming- 3. Eff_r icienc - velocity shall be close as possible to S feet plant materia pe second. l with different water requirements i shall be snatemadesignasball eliminacehcostly.owscteful.e • valves. y overthrow and runoffs j. plans shall show: A. Static p.S.I• size and length. 3. Service ?lain " type* . C. Water Meter - location and sire. CD. „pprQ1ed gsckflow prevention beads°��mdes semmitters. etc.) R. An locations of pipe, S. Slopes required to be planted shall be Provided with efficient and water conserving irrigation 07st"s. per: Actual, eater application rates shall be applied. as soil absorption rates dictate. over watering shall be avoided. 6. All sprinklers shall be installed with approved wins j 7. All above ground sprinklers shall be the pop up type. installed flushed with the soil. Uposed sprinklers on risers above ground are acceptable in limited areas with "bubbler” type sprinklers and do not border sidewalks, vslk'ays, or areas subject to pedestrian traffic. g. Separate water seter for landscape irrigation is optional at owners request and expense- the pater Department. RM: owner oust notify iartment. and details. y. plans shall contain Installation specifications as follows: 10. plans shall contain irris SQUIPKENT Symbol Manufacturer Model / scription nozzle Radius GPM PSI jJ. AI! tR. 6,.rio•v �:-eS uworr COn►erere or AWAv1y` TD BE S[eev ed. site Type Class Sch Note: Pipe sizing. (size) shall also be shown at each section of pipe. (mains and laterals)- vALvE CHART Valve Valve Size GYM 21j" 43 !1 1fi" 27 12 ETC. ETC. ' ETC. Total GPM Total ! Valves Note: All valves shall be cumbered. FRICTION (PSI LOSS) PSI " Hater meter — PSI 3acl�cf ovl Derics -- Elevation Changes PSI Pipe -- PSI valves. PSI Total PSI Loss _ PSI Original PSI (static) PSI Less Total PSI Loss Equals minimum to farthest IV PSI In. LANDSCAPE AREAS A. MAII.IML%NIM OF LANDSCAPED AREAS The maintenance th landscaped areas and graded transfer to individdual e sesponsibil h ownership. n. ?LANTER AREAS All required landscaping shall be protected by an enclosed concrete curbing. Interior plan! •hall os icqu.►cc. •►�� .�o,. ••• ' 'r the area of • JS percent of a open surfaced parking area e- ding landscaping at, .0 required it the front yard s. ck area and shall Include at least one tree for every five spaces or mAJor fraction •=- thereof. Measurements shall be computed from the inside or perimeter valls or setback lines. D. IRRIGATION All required landscaping shall be provided with autoa►atic sprinkler facilities which shall be maintained in an operative condition. Utilise only reduced pressure (rp) devises or double check valve assembly. No atmospheric vaccuum breakers are permitted. E. SETBACK AMS All required setbacks abutting a public right-of-vsy shall be land- . scaped (except for walks area).d 2hewzesq uized setbacks -shall bec2and� the required landscape scaped vith trees. shrubs. and groundcover. Landscaped earth berms shall be erected and maintained within the setback along the above Indicated property line. Bermed areas shall have a s►axivm of 3:1 slope and be planted vith f tall fescue tvve turf &rasa. or other nn approved landscapint. AmiLUZ of b feet of landscap* 1UII1 9 &hall be placed on the exterior of perimeter wills and fasces. F. GROUND Co%'ER Aj;D BEDDING mATERIAL a travel and decorative rock are not appropriate materials to be used as ground cover or bedding material. G. SLOPES 1. To protect against damage by erosion and negative visual 3apaet. surfaces of all cut slopes mare than fin feet in beight and fill slopes sore than three feet in beight shall be protected b7 laud- scaping. Slopes exceeding 13 feet in vertical height shall also be landscaped with shrubs. spaced at not to exceed twenty (20) feet on cetners; or a combination of shrubs and trees as cover plants. plant material selected and planting method used shall be suitable for the soil and cllnatic conditions of the site. Public works/Engineering will also approve these. 2. plant sizes shall be as follows: i A. Trees 20% - 24" box $OZ - 15 gallon E. Shrubs TO% - 5 gallon 54Z - 1 sallon C. Groundcover 100% - coverage when mature or 12" o.e. the iesF-,781 A"J • ovnersh erosion control 4. All gra. , and drainage facilities. Inc 'it planting of graded slopes. shall be dons 3-- accordance with s grading plan approved by the City Engineer- A grading permit shall be obtained prior to any grading being done. !�. EROSION CONTROL Ali grading and drainage facilities. including erosion control planting of graded slopes. shall be in with obca ined grading prioratoapproved by the City Engineer. A grading permit shall be grading being done. I, WEED CONTROL _ Tze-emergence control, post-emergence control and cultural control of veeds shall be addressed in the landscape specifications- IV. PLANT-MATERIALS A. CLIMATIC CONDITIONS AND PLANT LISTS Due to the dssy be uicedeupon prior approval drought and beat tolerant ma terial 3. STREET TREES Street trees shall be required. Tree varieties and exact•loeation vill be determined by the Director of the Parks. Recreation and C Community Services Department or his/her designee. Ilse Tarts. Rae- reation and Community Services Department shall mark locations and inspect plant material on site, prior to planting- Sidewalks. emsti .. and gutter. must be clean of debris prior to marking. A 24 boat notice is required for Inspection. (see attached specifications for Street Tree planting and Street Tree list). The size of the Street Trees shall be: I. All 24 inch box speciaansa The 24 inch box trees shall be planted as street trees vithin the public parkway or City property. C. PLAIT MATERIAL Landscaped areas shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of this site. Sizes of the plant materials shall conform to- the following mix: " ,Sx ys' , Trees 20%. 24" boat; SM 15 gallon; Is%,36 bo •xi / Shrubs 84Z, S gallon; 201. 1 gallon Groundcover 100% coverage CL71 cm t mow stnps are required to separate aII twf areas fi oIn other landscaped areas for all developacnts except single family residential. (SEE Af%;AWr-:J Aefa:#e f-1 Where trees are planted in paved areas,they Shan have a protective tree gate- Ikee grates shall be caste gran with a natvaal Brim. A deep foot:yste�shall be used. A. IRRIGATION rEN 19 �74 361-53/Y 1. Inspections shall be performed by a Park dnd Recreation Department representative at the following: A. Pressure test of irrigation main line (150 PSU for 2 hours) D. Coverage test and final acceptance. 2. Do not allow or cause the above items to be covered up., until it has been lna;cctrd and approved by a Park Department representative. A W hour notice shall be given prior to anticipated inspections. B. LANDSCAPING (7/� 38 y"5 3/Y 1. Inspections shall be performed by a Park and Recreation Department representative at the following: A. Upon completion of finished grade. soil preparation and final rake out. B. When trees and shrubs are spotted for planting, with one example of planting hole for trees and one for shrubs. C. Final inspection when planting and all other specified work t�bas been completed. 2. A 18bour notice shall be given prior to anticipated inspections. VI. OTHER REQUIREMENTS A. Notify Parks. Recreation and Community Services Department of commence— sent of landscaping. Give anticipated time line (start to finish). D. All landscaping, irrigation and street trees shall be installed and maintained in accordance with City of San Bernardino Municipal Codes, ordinances and standard requirements. C. Material requirement for all plant material shall be number one (1) grade of the California Nursery Industry Certificate as issued by the Agricultural Commissioner of the County of origin. D. All landscape material. irrigation equ ip=ent, irritation components and workmanship shall be guaranteed for a period of not less than one (1) year from date of final approval by the Director of Parks, Recreation and Community Services or his/her designee. The conditions of the -guarantee will be to insure, but not limited to all plant material being in healthy condition and free from abnormal conditions which may have occurred during or after planting, such as defoliation or structure dieback. E. ASSESSMENT DISTRICTS CONTACT THE CITY PARKS, RECREATION AM.'D COM4l MI77 SERVICES DEPARTMiW FOR ASSESSHL-%'T DISTRICT'S LANDSCAPE REQUIREMENTS. ALL OTHER ITEKS ON ASSESS- MENT DISTRICTS IS COVERED BY PUBLIC WORKS/ENCINEERUC. r CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: James F. Penman, City Attorney FROM: Henry Empei9o, Jr., Deputy City Attorney DATE: February 2, 1996 RE: Agenda Item No. 33, February 5, 1996 Council Meeting Determination Of Public Convenience or Necessity San Bernardino Arena, 137 South "G" Street At the previous Council Meeting discussing this item on January 22, 1996, the applicant, Charles F. Johnson, stated that he needed the Type 40 on-sale ABC license for beer and wine because ABC no longer will issue one-day licenses for non-profit entities. On February 2, 1996, I telephoned Jorge Lopez, the ABC Investigator assigned to Mr. Johnson's application. Mr. Lopez stated that ABC is still issuing one-day licenses and that Mr. Johnson could receive one-day licenses for specific events at this site. Mr. Lopez said that Mr. Johnson told ABC that he wanted the Type 40 license to sell beer and wine at all the events at the San Bernardino Arena, including all of the concert events. xl��Tt_049�A - Entered into Record at HENRY E ENO JR. Council ICmy0evCms Mtg: Deputy City Attorney 2 G� by re Agenda Item 33 ,04 C.Z�� i City ClerkICDC Secy City of San Bernardino HE\dm\(item33.memJ 33 i i i r LaFOP¢O RACHAUThe Sun The Skeletones perform in concert atthe San Bernardino Arena. Arena provides safe venue for concerts JAN.24 ment and not have to travel long distances on the The San Bernardino Arena,known for a histo- freeways to see some of their favorite bands. Ce :_ ry of"wrestling and boxing events years ago,has Hats off to the management of the arena and recently been giving good,positive rock concerts the promoters for providing a safe environment without"incident,"showing that Generation X kids and young adults can behave in an orderly and good national and local acts in San Bernardi- no. manner. 'lfl The parents of these adults can breathe a sigh VICTOR HOPKINS V of relief that their kids can go to a safe environ- San Bernardino