HomeMy WebLinkAbout19- Planning & Building Services CIT''�f OF SAN BERNARDINO - REQUEST FOR COUNCIL a� � ���►
F. ..,: Al Boughey, Director Subject: Appeal of the Planning Commission
rr` denial of Conditional Use Permit
Planning & Building Services No. 93-01
���• Mayor and Common Council Meeting
Date: June 24 , 1993 July 6 , 1993
Synopsis of Previous Council action:
None
Recommended motion:
That the hearing be closed and the appeal be denied and Conditional
Use Permit No. 93-01 be denied.
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Contact person: Al Boughey Phone: 384-5357
Supporting data attached- Staff Report Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Souroe: (Ac et No.)
(Acct Description)
Finance:
Notes: --�"i, G� �� •'�
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Agenda Item
y CITY OF SAN BERM 7DINO - REQUEST FOB' 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 COUNCEL
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.
R.
4
CUP 93-0I
Mayor and Common Council Meeting
July 6, 1993
Page 2
RECONUM ENDATION
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
Fihibits: 1 - Location Map
2 - Letter of Appeal
3 - Staff Report to the Planning Commission dated
May 18, 1993
`y:
City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Num ber: Conditional Use Permit No. 93-01
Applicant: Mr. Ali Yasin
0,6-ner: Same
AC^I ON
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") .
y0'^
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
Co=fission of the City of San Bernardino.
Si ture ate
Al Boughey, 'rector of Planning & Building Services
AB/dm
Attachments
cc: Project Applicant
Plan Check
Engineering Division
N Case File
AGENDA
CITY OF SAN BERNARDINO PLANNING ITEM#
AND BUILDING SERVICES DEPARTMENT Cup 93-01
CASE
LOCATION HEARING DATE 5-5-93
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Exhibit 1
CITY OF SAN BERNARDINO PLANNING #8
AND BUILDING SERVICES DEPARTMENT AGENDA ITEIwA
HEARING DATE a y '
SUMMARY WARD
APPLICANT Mr . Ali Y a s i n
22975 Orangewood Court
W Conditional Use Permit Grand Terrace , CA 92324
Cl) No . 93-01 OWNER:
Q Same
U
The applicant requests the approval of Conditional Use Permit
~ No . 93-01 to upgrade an "ABC" license to sell liquor at an
V1 which presently sells beer and
UJ existing convenience market ,
Q wine in the CN , Commercial Neighborhood , land use zoning
W district .
Q
W
Q
EXISTING GENERAL PLAN
7Q� QFRIGNATION
PROPERTY LAND USE CN Commercial Neighborhood
SLbject Convenience Market Residential Suburban 6
North Single-family Resid . RS and Residential Urban
Apartments
East Apartments & Comm. Cityof mlton City of Colton
South Vacant Commercial CN Commercial Neighborhood
West Single Family Resid . RS Residential Suburban
GEOLOGIC/SEISMIC O YES FLOODS ❑ YES O ZONE A SEWERS: X] YES
HAZARD ZONE: ® NO ZONE: [ NO O ZONE B ONO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT ❑ YES 7)CRASH ZONE: PROJECT AREA:
HAZARD ZONE: ® NO [3 NO I2 NO
NOT ❑ POTENTIAL SIGNIFICANT Z ❑ APPROVAL
Q APPLICABLE EFFECTS WITH O
MITIGATING MEASURES P LL,
CONDITIONS
Z a) NO E.I.R.E.I.R. Q
U1 0
27- [2 EXEMPT E.I.R.REQUIRED BUT NO LL Z ® DENIAL
SIGNIFICANT EFFECTS H W
Z WITH Q Z MEASURES TANG N M ❑ CONTINUANCE TO
a: O
> NO SIGNIFICANT C] SIGNIFICANT EFFECTS V
Z EFFECTS SEE ATTACHED E.R.C. W
UA it
MINUTES
EX PLANff it, , I
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CONDITIONAL USE ERMIT NO. 93-01
AGENDA ITEM: 08 -
HEARING DATE: May
PAGE: i —
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 (CEQAY
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 1960's, 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.
f
CONDITIONAL USE PERMIT NO, 93-01
,. AGENDA ITEM' #8
ERRING DATE: a �-
PAGE:
ANXLYSIS
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 19601x. Parking is provided in front of
the market along with landscaped areas.
Adjacent properties are developed to a mixture of residential and
cosmmercial uses (see Attachment "F") . The area to the immediate
swath 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' I $
EARING DA a 18 , 1993
PAGE'
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
o; 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) (B) 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 "100 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.
i,
CONDITIONAL USE PERMIT NO. 93-01
• #8
G N A 18 , 1
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.
Cow- TENTS 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.
RI1LTO 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.
i
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 witted,
Al
Direct0 o and Building Services
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
� rt
CONDTTTONAL'r�` DFQMTT NO. 93-01
AGENDA TmLrt• t fj
HEAR IN A a 18 , 1993
PAGE:
ATTACHMENT "A"
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
Category o osa 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'
" 484 S. Rancho Not within 100' Policy 1.6.2
residences of residences or
within 100' areas so designated
1Policy 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 m accordance enwith
schools, religious facili ties and, parks
legislative and legal requirements."
AWN
*� CONDITIONAL U E 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 PERMTT NO 93-01
AGENDA ITEM: 18
N a 18 , 1993
GE:
8 . The proposed use is inconsistent with the General to control in that
it is inconsistent with the City's Policy the
location of alcohol facil t b s and parks.proximity to residences,
schools, relig ious
9 . The proposed location and operating characteristics of the
proposed use of the "Off-site"
b teinterests,f health, w safetye
detrimental to the public
convenience, and welfare of the City.
ATTAODIMNT "C"
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PETITION
I , ALI M. YASIN, OWNER OF QWIK STOP MARKET,LOCATED
AT 484 SOUTH RANCHO IN SAN BERNARDIN09 ASK FOR THE
PEOPLE OF THIS CONE UNITY TO SUPPORT ME FOR THIS
PETITION IN ORDER TO SELL LIQUOR AT THIS LOCATION.
I HAVE MADE A LOT OF IMPROVEMENT FOR THIS LOCATION
WHICH DECREASED THE CRIME AND TROUBLES. I ALSO
IMPROVED THE UWAAGE OF THIS AREA BY LANDSCAPING
AND PAVING THE LOT. I'VE BEEN DOING BUSINESS IN THIS
AREA AND DOWN THE STREET FOR MORE THAN 15 YEARS. I
HAVE THE EXPERIENCE IN HANDLING THE BUSINESS AND
THE CUSTOMERS THE THE CO SHOULD BE. YOUR
SUPPORT WILL SHOW HOW MUCH WE CARE ABOUT THE
FUTURE OF THIS COMMUNITY AND ITS MUGE. FOR TINS,
PLEASE SIGN YOUR NAME AND WRITE YOUR ADDRESS.
THANK YOU FOR YOUR SUPPORT IN ADVANCE.
NAME ADDRESS TELEPHONE
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PETITIOf Q
FOR LIQUOR L�CENCE
For Quick Stop
484 S. Rancho Avenue
San Bemardinio, California 92410
To be submitted to public hearing on May 18, 1993
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484 S. Rancho Avenue
San Bernardinio, California 92410
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San Bemardinio, California 92410
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