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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Conditional Use Permit No. 03-01
- Appeal of the Planning Commission
approval to establish a supper club/nightclub
at 911 S. "E" Street in the CG-I,
Commercial General land use district.
From: James Funk, Director
Date: July 29,2003
ORlG\NAL
MCC Date: August 4, 2003
Synopsis of Previous Council Action:
None
Motion:
That the Mayor and Common Council adopt the Findings of Fact contained in the staffreport,
uphold the appeal, and deny Conditional Use Permit No. 03-01.
~~
James Funk
Contact person:
Ben Steckler
Phone: 384-5057
Supporting data attached: Staff Report
Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Ag 4t33
g )if 10'
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Conditional Use Permit No. 03-01 - Appeal of the Planning Commission approval
to establish at supper club/nightclub at 911 S. "E" Street in the CG-l, Commercial
General land use district.
Mayor and Common Council Meeting of August 4, 2003
Applicant: Ashraf Joe Swidan
1485 Toluca Drive
San Bernardino, CA 92404
(909) 821-7174
Appellant:
Garrett Zimmon,
Chief of Police
710 North "D" Street
San Bernardino, CA 92401
BACKGROUND
At the July 21,2003 meeting the Mayor and Common Council opened the public hearing and
received testimony from the applicant and his attorneys in support of the proposal and from
the Police Department and representatives of the Alcoholic Beverage Control Board in
opposition. The Mayor and Common Council closed the public hearing, upheld the appeal
and denied the Conditional Use Permit, and directed staff to prepare Findings of Fact.
Before this project was scheduled for Planning Commission staff met with Mr. Swidan and
his attorney on several occasions. Mr. Swidan was adamant that he was proposing a family-
oriented supper club (this is consistent with representations he made to the Planning
Commission). When staff expressed concerns with the proposal, Mr. Swidan asked what
would be an "approveable" use. Staff responded that there were various uses that could be
established at this site as listed in the Development Code. Staff also made it clear that any use
would require, at a minimum, a Certificate of Occupancy and a Development Permit Type I,
where staff would review for consistency with Development Code requirements.
As discussed at the July 21,2003 meeting of the Mayor and Common Council, James Funk,
Development Services Director, and Ben Steckler, Associate Planner, were driving up "E"
Street and noticed activity occurring on the site. They stopped and talked to a worker who
identified himself as the site superintendent and then Mr. Funk spoke with Mr. Swidan
(Exhibit 1 is a summary of the events of July 1, 2003). Joe Lease, the City's Building
Official, sent a letter to Mr. Swidan informing him of the current status of the building
(Exhibit 2).
The July 16, 2003 memorandum from the Police Chief to the Mayor and Common Council
outlined numerous concerns with the proposed business (Exhibit 3). In their memorandum
the Police Department reviewed the proposed project as similar to two existing uses within
the City (Carlos O'Briens' and Gotham City) and used them as a basis for what to expect
from the proposed supper club. Both of the existing establishments opened as restaurants
with entertainment and have since changed to an 18 and over nightclub operation. Both have
excessive call rates for Police services (Carlos O'Briens' which is open only four nights a
week averages about two calls a night, and Gotham City which is open five nights a week
averages 1.3 calls per night). These calls for Police service range from drunk and disorderly
to aggravated assaults to kidnapping and/or rape.
Furthermore, Gotham City has proven to impact Police services by restricting ingress and
egress from the parking areas due to the excessive number of people and cars on-site,
limiting the ability of the Police Department and medical personnel (when needed) to access
the facility and get people the service and assistance they required. Unlike Gotham the
proposed project only has one means of ingress/egress, whereas Gotham has several. This
would prove to be a major safety hazard for service calls to the proposed establishment.
The Police Department also receives complaints from the businesses surrounding Carlos
O'Briens' regarding excessive litter left in the parking lots and disruption of peace for hotel
guests. Some local businesses (including Denny's restaurant and local gas stations which are
usually operated around the clock) have even reportedly begun closing for the hours around
when the patrons of these two establishments (Carlos O'Briens' and Gotham City) are
leaving the clubs. According to the report the patrons leaving the nightclubs harass the
employees and patrons of the other local businesses, place false orders for food, or vandalize
the area.
Section 19.36.050 (Findings) of the Development Code states that a Conditional Use Permit
may be approved only if all of the applicable findings are made. As a result of the conflicting
statements from Mr. Swidan, the memorandum from the Police Chief, and the testimony at
the Mayor and Common Council meeting and the report from the Police Department, staff
does not believe that the supper club/nightclub will be operated as represented to the
Planning Commission. On that basis, staff does not believe that all Findings of Fact can be
made to support approval as discussed below.
FINDINGS:
1. Is the proposed use conditionally permitted within the subject land use district,
would it impair the integrity and character of the subject land use district, and
does it comply with all of the applicable provisions of this Development Code?
Yes, the use is conditionally permitted within the subject land use district and would
comply with all of the applicable provisions of the Development Code as initially
proposed. However, since Mr. Swidan stated that he has no intention of providing the
interior valet parking, the use does not comply with the subject land use district
provisions of the Development Code (whether as a supper club/nightclub or a restaurant).
Although the use as initially proposed would meet Development Code parking
requirements, the occupancy rating outlined in the CUP application indicates that the
building can hold 582 persons. The existing parking lot does not facilitate that number of
patrons. This will lead to overflow parking at adj acent businesses and congestion on "E"
Street, which will lead to related crime and traffic problems.
Additionally, incorporated herein are the proposed Findings and Facts stated in the
memorandum dated July 16, 2003 from Police ChiefZimmon to the Mayor and Common
Council (Exhibit 3).
5. Are the location, size, design, and operating characteristics of the proposed use
compatible with the existing and future land uses within the general area in which
the proposed use is to be located and will it create significant noise, traffic or
other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity or adverse to the public interest, health, safety,
convenience, or welfare of the City?
The applicant has applied for a Type 47 liquor license (On-sale General- Eating Place).
Both the ABC provisions and City conditions require that the facility operate as a bona
fide restaurant (full food service with ancillary alcohol sales), the proposed operating
characteristics and floor plan (scheduled comedy shows, dance floor, and separate lounge
area) are not consistent with a bona fide restaurant. In addition, this type ofliquor license
has no restrictions on age.
The proposed project will operate in such a manner as to be detrimental to the public
interest, health, safety, convenience or welfare and will be objectionable or detrimental to
other permitted uses in the vicinity. Operating as a nightclub for people 18 and over as
opposed to a bona fide restaurant, along with inadequate on-site parking and circulation
will create a serious drain on police resources.
Additionally, incorporated herein are the proposed Findings and Facts stated in the
memorandum dated July 16, 2003 from Police ChiefZimmon to the Mayor and Common
Council (Exhibit 3).
7. Are there 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?
There are adequate provisions for water, sanitation, and public utilities to serve the
supper club/nightclub. However, public access will not be adequate at this location.
Vehicular access to this site is limited to one driveway on "E" Street. The Police
Department has documented safety concerns at similar facilities with several points of
access, where traffic has delayed the provision of safety services. The limited access
would be detrimental to public health and safety.
As discussed in Finding No.1, the anticipated overflow parking at neighboring
businesses will impact surrounding businesses and lead to an increase in calls for
service. A disproportionate number of calls for service at one location or business
would be detrimental to public health and safety.
Additionally, incorporated herein are the proposed Findings and Facts stated in the
memorandum dated July 16, 2003 from Police Chief Zimmon to the Mayor and Common
Council (Exhibit 3).
FINANCIAL IMPACT
N/A
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the Findings of Fact contained
in the staffreport, uphold the appeal, and deny Conditional Use Permit No. 03-01.
Exhibits:
I
2
3
Memorandum dated July I, 2003 from James Funk
Letter from Joe Lease to Mr. Swidan dated July 10, 2003
Memorandum from Police Chief Zimmon dated July 16, 2003
EXHIBIT 1
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
To:
Glenn Baude, Code Compliance Director
From:
James Funk, Development Services Directo~
911 South "E" Street \kf>>
Subject:
Late:
July 1,2003
Copies: Fred Wilson, City Administrator; Garrett Zimmon, Chief of Police; Michael
Billdt, Assistant Chief; Henry Empejio, Senior Deputy City Attorney; Joe Lease, Building
Official; Valerie Ross, City Planner; \'fen Steckler, Associate Planner
At about 12:50 p.m. on July 1,2003, Associate Planner Ben Steckler and viewed the building at
911 South "E" Street. This is the proposed site of a supper club (Soprano's) and the subject of
an appeal of the Planning Commission approving a Conditional Use Permit (CUP).
Two men were moving equipment into the building. The building has been vacant for more than
a year and does not have a Certificate of Occupancy (C of 0). I spoke to a worker who
identified himself as the superintendent. He told Ben Steckler and me that the owners planned to
open at the end of the month. I identified myself as the Development Services Director and gave
him my card. I explained that there was a site plan that illustrated a portion of the building was
going to be used as a vehicle garage. The superintendent said that there was no such plan and
that there was no intent to use any portion of the building for parking vehicles.
The superintendent got Mr. Joe Swidan on his cell phone for me to speak with. Mr. Swidan
identified himself as the owner. He stated that the building was only being used to store
equipment and supplies for his other businesses. I inquired as to the plans Ben and I had seen at
City Hall illustrating that a portion of the building was to be used for parking of vehicles. Mr.
Swidan said there were no such plans and the building was only going to be used as a restaurant.
I returned to City Hall and checked the application for CUP No. 03-0 I, which is the subject of
the appeal. The application and documentation indicate that a portion of the building is to be
used for vehicle parking.
On April 12, 2002, you may recall that a Stop Work Notice was issued at this site. A demolition
permit was issued on May 2, 2002; but the work has not been issued a final inspection.
I suggest that Code Compliance keep an eye on this building. If you recall, construction
activities were occurring on the site last year without the benefit of permits.
Subject: 911 South HE" Street
July I, 2003
I have alerted Joe Lease, Building Official, and asked him to have the Building Division staff
monitor the building. Also, I have asked Joe to notify Mr. Swidan (and his attorney) in writing
that there is no C of 0 permitting the use of the building as either a restaurant or storage facility,
no building permits have been issued for construction and/or alterations to the building, and there
is no approved CUP for a restaurant or supper club for the site.
Thank you in advance for your assistance.
- 2 -
EXHIBIT 2
DnELOP\IE,<T SERVICES DEPARTMENT
\00 NOrTh o.Do. Street. San Bernardino. CA 92418-0001
909.384.5057 . Fax: 909.384.5080
1\;:,;" \Vurb El.\.: 009.384.5155. wWw.ci.5an~bernardino.i.;a.us
".1'. 2no)
\10 -\,hrafJoe Swidan
i 48 i r oluca Dr.
San Bernardino, CA 92404
RL Use of 911 S. E Street
Dear Mr Swidan,
I ha,e recently been informed by City staff that activity is occurring at 911 S E Street
that may constitute violations of the San Bernardino Municipal Code. As a courtesy to
V"ll I am writing this letter to inform you of the present status of this building.
Pursu:lnt to the San Bernardino Municipal Code (SBMC) Section 1520.040, a new
Cer1lticate of Occupancy is required prior to reoccupancy or reuse of the building due to
the fact that the building has been vacant in excess of 180 days and that a change of use
[[,)Ill the former retail use has been proposed. It was reported to me that you have stated
that YOU are using the building for storage for your other businesses. As of this date a
Certiticate of Occupancy has not been issued authorizing the use of the building for
storage or any other use. Thus, if this is in fact occurring this action constitutes a
violation ofSBMC 15.20.030.
\, '.In are aware, the Planning Commission's approval of Conditional Use Permit (CUP)
II ;:! [\) establish a Supper Club is currently stayed pending an appeal to the Mayor and
( .;:"!~:.)n Council. Construction work to establish the Supper Club may only commence
\\ hen :Hld if the CUP is approved by the Mayor and Common Council and after a
building permit is obtained. A demolition permit (D0200034) was issued in May 2,2002
and renewed on July 8, 2003 authorizing the demolition of interior partitions. I
.mderstand that this demolition work is currently being completed. As of this date no
hili Idin!!: permits have been issued and no construction work is authorized.
If any unauthorized use or construction is occurring please discontinue such actions until
the proper approvals are obtained If you would like to discuss this matter please feel
free to call me at 909-384-5171.
Sin~~~~, / // /'
~~~--
/
Joseph Lease, cao
Building Official
Cc: James Funk, Director of Development Services
Valerie Ross, City Planner
Henry Empeno, Deputy City Attorney
Ms. A1icen Wong, C/O Gresham, Savage, Nolan & Tilden, LLP
600 North Arrowhead Avenue, Suite 300, San Bernardino, CA 92401-1148
Llewellyn B. Copp, Tr, ATTN: Tax DRI-3, 9950 Mayland Dr.
Richmond, VA 23233
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
EXHIBIT 3
To:
Mayor and Common Council
From:
Garrett W. Zimmon, Chief of Police
Subject:
Conditional Use Permit Appeal- Soprano's Supper Club, 911 South 'E' Street
Date:
July 30, 2003
Copies:
On May 20, 2003, the Planning Commission approved Conditional Use Permit (CUP) #03-01.
The permit was issued to convert an existing retail building to a "supper club" (restaurant with
dancing and/or music and live entertainment). The facility was to be equipped with an interior
parking garage and valet service.
Subsequent to the approval, which at the time was opposed by the police department, additional
information has been obtained that would impact the issuance of the conditional use permit. The
below listed information supports a denial of this permit based on Section I, 5, and 7 of
Development Code Section 19.36.050.
Section I states, "The proposed use is conditionally permitted within, and would not impair the
integrity and character of the subject land, use, district, and complies with all of the applicable
provisions of this government code."
. The landlbusiness usage in the immediate area would be severely impacted should this
facility open as an 18 and over nightclub. The occupancy rating outlined in the CUP
application indicates that the building can hold 582 persons. The existing parking lot does
not facilitate that number of patrons. Per the applicant, a portion of the building was slated
for use as indoor valet parking. That proposal was made to meet the requirements for
adequate parking, and to meet code requirements. It has been learned that there will be no
indoor parking; therefore any overflow parking would be on 'E' Street or in the adjacent
business parking lots.
. This overflow parking will spawn related crime and traffic problems. In two like-businesses
within the city, i.e., Gotham Nightclub and Carlos O'Briens', the city has realized a dramatic
increase in crime that includes vandalism to surrounding businesses. The congestion and
crime related issues have caused other businesses in proximity to the Gotham Nightclub and
Carlos O'Briens' to move or close during peak hours.
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
CUP #03-01 - 911 South 'E'Street
Page 2 of 4
. During the proposed facility's peak operating hours, the traffic on 'E' Street will be severely
impacted. With only one driveway for the business, traffic will backup both northbound and
southbound on 'E' Street. It is doubtful that even valet parking would ease that situation.
Section 5 of the Development Code Section states, "The location, size, design, and operating
characteristics of the proposed use are compatible with the existing and future land uses within
the general area in which the proposed use is to be located. It will not create significant noise,
traffic, or other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity or adverse to public interests, health, safety, conveyance, or welfare
of the city."
. The proposed "supper club" intends to serve the age group of 18 and over. This type of 18
and over nightclub can evolve into locations that have a serious drain on police resources.
As outlined in this report, it is questionable that the intent is to open a "supper club".
Instead, it appears it will be a nightclub that serves a clientele of 18 and over. For
comparison purposes, two such nightclubs are currently operating in San Bernardino - Carlos
O'Briens' and The Gotham. From May 2002 through May 2003 there were 203 calls for
service at the Carlos O'Briens' business. That business is only open four nights a week and
there have been a total of 120 calls just since January 2003 to May 2003. The calls range
from drunk and disorderly to fighting in public, assault against persons, etc. The police
department has also received complaints from the Radisson Hotel regarding the loud noise
caused by the Carlos O'Briens' business and we receive constant complaints from the
neighboring Bank of America about the trash left in their parking lot from those patrons.
The Gotham Nightclub has several points of ingress/egress, yet officers have difficulty
responding to emergency situations because of the traffic caused at that club. We have also
had difficulty or time delays in evacuating injured people from that location. Because of the
location on 'E' Street and limited ingress/egress, it is easy to foresee that it will result in
similar challenges for the police department.
The Gotham Nightclub has been responsible for 364 calls for police service between May
2002 and May 2003. Twenty-five of these calls involved aggravated assaults, battery, and
spousal abuse. The number of calls for service has increased even though the Gotham
Nightclub employs security both inside and out. During its tenure in the city three rapes, a
kidnapping, a double homicide, and hundreds of fight related calls are related to the Gotham
Nightclub.
Both the Gotham Nightclub and Carlos O'Briens' opened under the guise of a supper club/
restaurant, yet neither one is currently operating as a restaurant. They are nightclubs whose
ABC restaurant licenses allow minors to be on the premises.
. The only ingress/egress into the proposed "Soprano's Supper club is one entryway off 'E'
Street. The back (east portion) is bordered by a flood control ditch. The ability for law
enforcement personnel to enter either the interior of the business or the parking lot should
there be an emergency situation will be severely hampered. Given the egress of a large
crowd, it could tragically result in the delay of police or medical response.
CUP #03-01 - 911 South 'E' Street
Page 3 of 4
Section 7 of the code states, "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."
. There is not adequate parking for the existing facility without indoor valet parking.
. There is not adequate ingress/egress into the facility for law enforcement responding to an
emergency.
. Because of the existing parking issues, patrons will be forced to park on 'E' Street and in the
parking lots belonging to the adjoining businesses. Patrons who are intoxicated or inattentive
will cause traffic problems or accidents as they cross 'E' Street.
During the course of this application/permit process, several issues have come up which directly
bring into question the credibility of the applicant, Mr. AshrafSwidan. The issue of credibility is
extremely important to ensure that Mr. Swidan can and will operate his business as approved.
. Mr. Swidan represented to the Planning Commission that he planned to use a portion of the
interior of the premises for indoor parking. On July I, 2003, Development Services Director
James Funk contacted two men who were moving equipment into the building at 911 South
'E' Street. Mr. Funk was told by one of these men who identified himself as the
superintendent that the owner of the building (Mr. Swidan) planned to open the nightclub by
the end of the month. Funk questioned these men about the planned indoor parking that is
required in order to bring the facility into compliance with the CUP. The superintendent told
him there were no such plans to use a portion of the building for indoor parking. He stated
that the entire building was going to be used as a restaurant. In a telephone conversation with
Mr. Funk, Mr. Swidan stated there were no plans for inside parking, and the business was
only going to be used as a restaurant. This is in direct contradiction to the plans submitted to
and that were approved by the Planning Commission.
. During the early stages in meeting with the Planning Department regarding opening a
business at the location on 'E' Street, Mr. Swidan made some type of inquiry regarding the
ability to open it as an adult business. He later denied making that statement; however, it
was determined through witnesses that he had, in fact, made such an inquiry. The concern
here is not the intent of the business, but rather shows again the reliability of statements and
commitments made by the applicant. On May 20, 2003, during a Planning Commission
meeting, the City Attorney's Office representative asked if he planned to open a similar
nightclub/restaurant in Moreno Valley. Mr. Swidan stated he was in the process of
purchasing the business and it was a bowling alley with a restaurant and banquet facility.
Swidan stated that the current name of the business was Soprano's Rock N Bowl. The ABC
license application listed the operator as Mr. Ashraf Swidan. The license requested for that
business was a Type 47.
. On May 29, 2003, officers from the San Bernardino Police Department's Vice Unit went to
the Soprano's Nightclub at 23750 Alessandro Boulevard in Moreno Valley. This is a related
CUP #03-01 - 911 South 'E' Street
Page 4 of 4
business to the proposed Soprano's "supper club" in San Bernardino, The officers had
listened to a radio station identified as XI03.9 FM. On the radio they heard a "sexy legs"
contest being advertised for the Soprano's business on that evening. The officers checked
the web site for XI03.9 and found an ad for the Soprano's Nightclub in Moreno Valley. The
website indicated there would be "wet T-shirt contest for ladies and a stereo giveaway for
guys" that evening. When the officers got to the Moreno Valley location they found an
X103.9 radio trailer parked in the parking lot. The music coming from within the business
was audible from several hundred feet away. There were few customers in the bar and no
wet T-shirt contest or any other type of activity took place that particular evening.
. On May 31, 2003, Vice officers returned to the Soprano's in Moreno Valley. On this
evening there was a $10 cover charge and at 10:30 PM the male exotic dancers began to
perform. The dancers were dressed in G-strings and the crowd was predominantly female.
On this evening the officers noticed that a new area had been constructed within the business,
which was identified as the VIP room. It is unknown what the intent or use of the VIP room
is or will be. They also noted that there were no visible restaurant facilities within the
confines of the club.
. In May 2003, Vice investigators were informed that Mr. Swidan was claiming ownership of
the nightclub in Moreno Valley, but there has not been an ABC application submitted to that
agency for a change of ownership by Mr. Swidan. Based on the two undercover operations,
it is apparent that Mr. Swidan is selling alcohol at the Moreno Valley facility.
. On March 31, 2001, during a contact with Mr. Swidan at a business he owned at 257 East
Redlands Boulevard in San Bernardino, San Bernardino Police Department officers listened
as Mr. Swidan told one of his employees not to give the officers any information or assist
with the officers' investigation. Mr. Swidan stated "If you give them any info or go outside
with him, you're fired." Compliance with ABC and CUP regulations requires willing
cooperation by the owner and a willingness to allow regulatory inspections. The attitude
displayed on the prior occasion gives the police department cause for concern about Mr.
Swidan's desire and willingness to comply with CUP and ABC regulations.
. Mr. Swidan has been less than candid and forthcoming in his dealings in the permit process
and his lack of cooperation with law enforcement is well documented. It is apparent that Mr.
Swidan is attempting to open an 18 and above nightclub under the guise of a
restaurantlbanquet facility/comedy club and nightclub. The ABC application that he has
submitted is a Type 47, which requires that 51 % of his profits come from the sales of food.
This is the same strategy used by the above nightclubs to open their businesses.
For the record, the San Bernardino Police Department recommended denial of Mr. Swidan's
Operator's Permit application on April 30, 2003, based on our investigation of his background.
Additionally, the San Bernardino Police Department recommended denial of Mr. Swidan's
application for a Type 47 license through State Alcoholic Beverage Control.a
/rm
PROJECT DESCRIPTION
Soprano's Supper Club
The Soprano's Supper Club project will redevelop the former Circuit City store (35,000
square foot in size) located at 911 S. "E" Street into a Supper Club restaurant and a special
event/banquet room. The restaurant and the banquet room will be separated by a folding dividerl
which will be removed 2-3 times per month during the live comedy entertainment show2.
Performers at the Supper Club will be fully clothed at all times. At full capacity, the
building will seat 609 patrons.
On a typical day, customers will patronize the Supper Club restaurant (5,185 square feet
in size with seating for 160 patrons) and the special events/banquet area (5,500 square feet in
size with seating for 364 people) will be closed. The restaurant will open daily at 11 a.m. and
may provide occasional jazz or other musical entertainment. A cocktail bar seating 85 patrons
will be located adjacent to the restaurant.
The special event/banquet room will be available for private functions by reservation
onll. The special event/banquet room will not contain a cocktail bar, only a service bar, from
which waiters and waitresses will serve alcohol to customers for consumption at the table.
Special Events/Banquet room may also provide entertainment for private functions, including
live music, and dancing.
The Supper Club will feature Italian, Seafood and Mexican food and will employ about
one hundred people. Separate restroom facilities for patrons and employees will be provided.
Employment opportunities will include serving food, preparing food in the 3,000 square-foot
kitchen area, working as a parking attendant, and management opportunities.
Three types of parking will be available; self-parking in the parking lot, attendant parking
in the covered area at the rear of the site and off-site parking (as necessary) beginning at 6 p.m.
Monday through Friday and all day on Saturday and Sunday. The proposed off-site parking will
be about 500 feet to the north of the Supper Club at California Sounds, 740 S. "E" Street.
Parking attendants will walk across the street to the Club after parking cars in the off-site parking
area.
.~~
Entered into Record It ! /
CouncillCmvDevCms Mtg: 7).,,/ 03
bv_..Q. tr~
re A~""da Item .3 5
1 As is typical in conference fOOms located in large hotels, a sliding wall will separate the res
2 Comedy entertainers will include, for example, George Lopez ( Francisco,
Darren Center and Jamal Jackson (recording artist for Def Jams records and black e~' ~lrJm" ",!Ttainment will be provided on a
portable stage which will be centrally located in the dining room. Dressing rooms s M! ,ftl: s will be located in the upstairs
mezzanine. ny 0 all ernar inD.
3 Special events/banquets will consist of quinceaneras. weddings, anniversaries, business functions and conferences.-:"
.~Lee&.
..... Associates.
O>Y.)f:;~C>A:" :~El.: fSi'/\,Tt; ~U,;',:'iU.::~
July 21, 2003
Ms. Alicen Wong
Gresham, Savage, Nolan, and Tilden, LLP.
600 N. Arrowhead Ave., Suite 300
San Bernardino, CA 92401
RE: 911 S. "E" Street
San Bernardino, CA
Dear Ms. Wong,
The following shall serve as a letter of support for the application for development for Joe
Swindan and his proposed Supper Club at the above mentioned location. I stated clearly to Mr.
Budlong and Det. Potts at the documented interview with the two of them, an inquiry into an
adult business at that location should not prohibit Mr. Swindan from pursuing a legitimate
business there. In fact, I do not think that Joe Swidan ever seriously considered an adult
entertainment use based on the information he received from Jerry Budlong. Obviously there is
a certain level of sensitivity to the use in question. Hence I can understand the apprehensiveness
of the Police Department. However, it is my understanding from Mr. Budlong that the
Development Permit sought by Mr. Swindan prohibits this use altogether. The question of adult
entertainment becomes less of a development issue and more of an enforcement issue. Perhaps
the City should set some limitations on Mr. Swindan's Conditional Use Permit as they did with
Jose Jara and his Discount Mall that strictly prohibits certain activities that they feel could be
loopholes for an adult venue.
Through his inquiry, it is clear that Mr. Swindan has caused panic on some scale at the City of
San Bernardino. It is my feeling, as an active member of the Business Community and a
proponent of San Bernardino and "E" Street, that the proposed development should be judged on
its merit and intended use and be monitored and regulated by applicable government agencies to
insure that it is not a detriment to the Community.
Sincerely,
LEE & ASSOCIATES COMMERCIAL REAL
ESTATE SERVICES, INC.-RIVERSIDE
Entered into Rleord It
CnllncillCmvOevCms Mtl:
7 Iv I().J-~
hv
Nick Wirick
Vice President
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City ClerklCOC See,
City of San Bernardino
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Each Store Independently Owned & Incorporated.
July 17, 2003
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City of San Bernardino
Development Services Department
300 North "D" Street
San Bemardino, CA 92418
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':JF\':;"I.OFi\iENT SeRVICES
DlF/-.Rn/:HH
RE: Conditional Use Pennit No. 03-01 (Appeal No. 03-09)
As a neighboring business we are in support of the proposed Supper Club! Nightclub located at 911
South "E" Street. We have been in business near this location for 3 % years and have seen more
and more businesses leaving the area. This area has become deserted and run down. We would
like to see this area built up and see more businesses opening even if it is a nightclub "night life is
better than no life".
Sincerely,
,~~
---------
Lisa Lamorie
Property Manager
-
Entered into Recorda' 7 ~I 1t)!J
r.llllllcil/r.mvDevCms Mtg: /J
Shoe City
808 South "E" Street
San Bernardino, CA
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re A~Pllda Item __ .
35
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City Clerk/CDe Sec,
City of San Bernardino
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Corporate Headquarters. Y & W Enterprises. Shoe City, Inc.. Pet City, Inc.
12550 Whittier Blvd., Whittier, CA 90602 . Telephone (562) 698-2400 . Fax (562) 696-6767
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Inland Plaza
441 Old Newport Blvd. Suite 103
Newport Beach, California 92663
TaI.pboD.94'-650-tsl1 FlICSimilc !l49-6S0-9SOII
July 16,2003
The Honorable Judith Valles
Mayor of City ofSiUl Bernardino
300 North D Street
San Bernardino, California 92418
Vi. Fax
909-384-5080
Dear Mayor Valles:
Inland Plaza owns and manages the multi tenant shopping center (Chuck E Cheese)
contiguous on the south side of the proposed Soprano's Supper Club.
Our centers primary clientele COllSists of families with young chilcken who amble
throughout our parking lot from their vehicles to various retailers within the center.
Last month, a l'tpI'CSClI1tative of Soprano's contacted us requesting information re;my
excess parking our center may have. They indicated they needed apJroximately 49
additiODal stalls for their proposed use. We informed them that demand for pII!'king
within our center is sU<:h that on site security is required and we have serious coocerns
regarding the proposed use as it is not compatible with surrounding uses.
Any unauthorized traffic within our center will create an unteDable situation for our
existing tenants and will surely produce vlIClIIICies.
While we undlll'Stllnd the subject building has been vacant for some time, we respectfu11y
request that you reject the proposed use.
Sincerely,
-~od
Inland Plaza
-
c San Bernardino Police Department
:ltQS
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandnm
To:
Mayor and Common Council
From:
Garrett W. Zimmon, Chief of Police
,.
Subject:
Conditional Use Permit Appeal- Soprano's
per Club, 911 South 'E' Street
Date: July 16, 2003
Copies:
On May 20, 2003, the Planning Commission approved Conditional Use Permit (CUP) #03-01.
The permit was issued to convert an existing retail building to a "supper club" (restaurant with
dancing and/or music and live entertainment). The facility was to be equipped with an interior
parking garage and valet service.
Subsequent to the approval, which at the time was opposed by the police department, additional
information has been obtained that would impact the issuance of the conditional use permit. The
below listed information supports a denial of this permit based on Section 1, 5, and 7 of
Development Code Section 19.36.050.
Section 1 states, "The proposed use is conditionally permitted within, and would not impair the
integrity and character of the subject land, use, district, and complies with all of the applicable
provisions of this govemment code."
. The land/business usage in the immediate area would be severely impacted should this
facility open as an 18 and over nightclub. The occupancy rating outlined in the CUP
application indicates that the building can hold 582 persons. The existing parking lot does
not facilitate that number of patrons. Per the applicant, a portion of the building was slated
for use as indoor valet parking. That proposal was made to meet the requirements for
adequate parking, and to meet code requirements. It has been learned that there will be no
indoor parking; therefore any overflow parking would be on 'E' Street or in the adjacent
business parking lots.
. This overflow parking will spawn related crime and traffic problems. In two like-businesses
within the city, i.e., Gotham Nightclub and Carlos O'Briens', the city has realized a dramatic
increase in crime that includes vandalism to surrounding businesses. The congestion and
crime related issues have caused other businesses in proximity to the Gotham Nightclub and
Carlos O'Briens' to move or close during peak hours.
THE SBPD IS COMMITIED 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
CUP #03-01 - 911 South 'E' Street
Page 2 of 4
. During the proposed facility's peak operating hours, the traffic on 'E' Street will be severely
impacted. With only one driveway for the business, traffic will backup both northbound and
southbound on 'E' Street. It is doubtful that even valet parking would ease that situation.
Section 5 of the Development Code Section states, "The location, size, design, and operating
characteristics of the proposed use are compatible with the existing and future land uses within
the general area in which the proposed use is to be located. It will not create significant noise,
traffic, or other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity or adverse to public interests, health, safety, conveyance, or welfare
of the city."
. The proposed "supper club" intends to serve the age group of 18 and over. This type of 18
and over nightclub can evolve into locations that have a serious drain on police resources.
As outlined in this report, it is questionable that the intent is to open a "supper club".
Instead, it appears it will be a nightclub that serves a clientele of 18 and over. For
comparison purposes, two such nightclubs are currently operating in San Bernardino - Carlos
Q'Briens' and The Gotham. From May 2002 through May 2003 there were 203 calls for
service at the Carlos Q'Briens' business. That business is only open four nights a week and
there have been a total of 120 calls just since January 2003 to May 2003. The calls range
from drunk and disorderly to fighting in public, assault against persons, etc. The police
department has also received complaints from the Radisson Hotel regarding the loud noise
caused by the Carlos Q'Briens' business and we receive constant complaints from the
neighboring Bank of America about the trash left in their parking lot from those patrons.
The Gotham Nightclub has several points of ingress/egress, yet officers have difficulty
responding to emergency situations because of the traffic caused at that club. We have also
had difficulty or time delays in evacuating injured people from that location. Because of the
location on 'E' Street and limited ingress/egress, it is easy to foresee that it will result in
similar challenges for the police department.
The Gotham Nightclub has been responsible for 364 calls for police service between May
2002 and May 2003. Twenty-five of these calls involved aggravated assaults, battery, and
spousal abuse. The number of calls for service has increased even though the Gotham
Nightclub employs security both inside and out. During its tenure in the city three rapes, a
kidnapping, a double homicide, and hundreds of fight related calls are related to the Gotham
Nightclub.
Both the Gotham Nightclub and Carlos Q'Briens' opened under the guise of a supper club/
restaurant, yet neither one is currently operating as a restaurant. They are nightclubs whose
ABC restaurant licenses allow minors to be on the premises.
. The only ingress/egress into the proposed "Soprano's Supper club is one entryway off 'E'
Street. The back (east portion) is bordered by a flood control ditch. The ability for law
enforcement personnel to enter either the interior of the business or the parking lot should
there be an emergency situation will be severely hampered. Given the egress of a large
crowd, it could tragically result in the delay of police or medical response.
CUP #03.01-911 South 'E' Street
Page3 of 4
Section 7 of the code states, "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."
. There is not adequate parking for the existing facility without indoor valet parking.
. There is not adequate ingress/egress into the facility for law enforcement responding to an
emergency.
. Because of the existing parking issues, patrons will be forced to park on 'E' Street and in the
parking lots belonging to the adjoining businesses. Patrons who are intoxicated or inattentive
will cause traffic problems or accidents as they cross' E' Street.
During the course of this application/permit process, several issues have come up which directly
bring into question the credibility of the applicant, Mr. Ashraf Swidan. The issue of credibility is
extremely important to ensure that Mr. Swidan can and will operate his business as approved.
. Mr. Swidan represented to the Planning Commission that he planned to use a portion of the
interior of the premises for indoor parking. On July 1,2003, Development Services Director
James Funk contacted two men who were moving equipment into the building at 911 South
'E' Street. Mr. Funk was told by one of these men who identified himself as the
superintendent that the owner of the building (Mr. Swidan) planned to open the nightclub by
the end of the month. Funk questioned these men about the planned indoor parking that is
required in order to bring the facility into compliance with the CUP. The superintendent told
him there were no such plans to use a portion of the building for indoor parking. He stated
that the entire building was going to be used as a restaurant. In a telephone conversation with
Mr. Funk, Mr. Swidan stated there were no plans for inside parking, and the business was
only going to be used as a restaurant. This is in direct contradiction to the plans submitted to
and that were approved by the Planning Commission.
. During the early stages in meeting with the Planning Department regarding opening a
business at the location on 'E' Street, Mr. Swidan made some type of inquiry regarding the
ability to open it as an adult business. He later denied making that statement; however, it
was determined through witnesses that he had, in fact, made such an inquiry. The concern
here is not the intent of the business, but rather shows again the reliability of statements and
commitments made by the applicant. On May 20, 2003, during a Planning Commission
meeting, the City Attorney's Office representative asked if he planned to open a similar
nightclub/restaurant in Moreno Valley. Mr. Swidan stated he was in the process of
purchasing the business and it was a bowling alley with a restaurant and banquet facility.
Swidan stated that the current name of the business was Soprano's Rock N Bowl. The ABC
license application listed the operator as Mr. Ashraf Swidan. The license requested for that
business was a Type 47.
. On May 29, 2003, officers from the San Bernardino Police Department's Vice Unit went to
the Soprano's Nightclub at 23750 Alessandro Boulevard in Moreno Valley. This is a related
CUP #03-0 I - 911 South 'E' Street
Page 4 of 4
business to the proposed Soprano's "supper club" in San Bernardino. The officers had
listened to a radio station identified as X103.9 FM. On the radio they heard a "sexy legs"
contest being advertised for the Soprano's business on that evening. The officers checked
the web site for X103.9 and found an ad for the Soprano's Nightclub in Moreno Valley. The
website indicated there would be "wet T-shirt contest for ladies and a stereo giveaway for
guys" that evening. When the officers got to the Moreno Valley location they found an
X103.9 radio trailer parked in the parking lot. The music coming from within the business
was audible from several hundred feet away. There were few customers in the bar and no
wet T-shirt contest or any other type of activity took place that particular evening.
. On May 31, 2003, Vice officers returned to the Soprano's in Moreno Valley. On this
evening there was a $10 cover charge and at 10:30 PM the male exotic dancers began to
perform. The dancers were dressed in G-strings and the crowd was predominantly female.
On this evening the officers noticed that a new area had been constructed within the business,
which was identified as the VIP room. It is unknown what the intent or use of the VIP room
is or will be. They also noted that there were no visible restaurant facilities within the
confines of the club.
. In May 2003, Vice investigators were informed that Mr. Swidan was claiming ownership of
the nightclub in Moreno Valley, but there has not been: an ABC application submitted to that
agency for a change of ownership by Mr. Swidan. Based on the two undercover operations,
it is apparent that Mr. Swidan is selling alcohol at the Moreno Valley facility.
. On March 31, 2001, during a contact with Mr. Swidan at a business he owned at 257 East
Redlands Boulevard in San Bernardino, San Bernardino Police Department officers listened
as Mr. Swidan told one of his employees not to give the officers any information or assist
with the officers' investigation. Mr. Swidan stated "If you give them any info or go outside
with him, you're fired." Compliance with ABC and CUP regulations requires willing
cooperation by the owner and a willingness to allow regulatory inspections. The attitude
displayed on the prior occasion gives the police department cause for concern about Mr.
Swidan's desire and willingness to comply with CUP and ABC regulations.
. Mr. Swidan has been less than candid and forthcoming in his dealings in the permit process
and his lack of cooperation with law enforcement is well documented. It is apparent that Mr.
Swidan is attempting to open an 18 and above nightclub under the guise of a
restaurant/banquet facility/comedy club and nightclub. The ABC application that he has
submitted is a Type 47, which requires that 51% of his profits come from the sales of food.
This is the same strategy used by the above nightclubs to open their businesses.
For the record, the San Bernardino Police Department recommended denial of Mr. Swidan's
Operator's Permit application on April 30, 2003, based on our investigation of his background.
Additionally, the San Bernardino Police Department recommended denial of Mr. Swidan's
application for a Type 47 license through State Alcoholic Beverage Control.
/rm
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Conditional Use Permit No. 03-
01 - Appeal of the Planning Commission
approval to establish at supper
club/nightclub at 911 S. "E" Street in the
CG-1, Commercial General land use
district.
Dept: Development Services
Date: July 16, 2003
ORlG1NAL
MCC Date: July 21, 2003
Synopsis of Previous Council Action:
None
Motion: That the public hearing be closed and the Mayor and Common Council
1) Deny the appeal and uphold the Planning Commission approval of Conditional Use
Permit No. 03-01, based on the Findings of Fact in the Planning Commission Staff
Report, subject to the Conditions of Approval and Standard Requirements; or
2) Uphold the appeal and deny Conditional Use Permit No. 03-01and continue for two
weeks for Development Services to bring Findings of Fact to the Council.
~p--~
James Funk
Contact person:
Bf'n Steckler
Phone: :iR4-S0'i7
Supporting data attached: Staff Report
Ward::i
FUNDING REQUIREMENTS: Amount: N/ A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
JJ
7/~/03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Conditional Use Permit No. 03-01 - Appeal of the Planning Commission
approval to establish at supper club/nightclub at 911 S. "E" Street in the
CG-1, Conunercial General land use district.
Mayor and Conunon Council Meeting of July 21, 2003
Owner: Ashraf Joe Swidan .
1485 Toluca Drive
San Bernardino, CA 92404
(909) 821-7174
Appellant: Garrett Zinunon,
Chief of Police
710 North "D" Street
San Bernardino, CA 92401
BACKGROUND
The project is located at 911 S. E Street, the old Circuit City building, in the CG-1,
Conunercial General land use district (Exhibit 1).
At their meeting of May 6, 2003 the Planning Commission considered Conditional
Use Permit No. 03-01 to convert an existing retail building to a "supper club"
(restaurant with dancing and/ or music and live entertainment) including a
banquet/ comedy facility of approximately 23,482 square feet and an indoor
parking facility of approximately 13,180 square feet, and the consideration of off-
site (remote) shared parking and Variance No. 03-01 for parking requirements
during the afternoon hours weekdays when off-site shared parking is not
available, and five stalls which could not be provided at any time (Exhibit 2). The
Planning Commission continued the project for two weeks by a vote of 7-0 (with
two Commissioners absent) and instructed staff to prepare Findings of Fact to
support approval based on the applicant's representation that he would decrease
floor area and increase indoor parking area in order to meet parking requirements.
The revisions included decreasing the indoor restaurant/nightclub area to
approximately 18,850 square feet and increasing the indoor parking area to
approximately 16,000 square feet, as well as sealing off a portion of an existing
mezzanine for access to utility purposes only.
At their meeting of May 20, 2003 the Planning Commission heard testimony
regarding the Conditional Use Permit and approved it based on the Findings of
Fact and subject to the Conditions of Approval and Standard Requirements.
Please refer to the Staff Report (Exhibit 3). The approval was by a vote of 6-0 with
three Commissioners absent.
The Police Department appealed the Plarming Commission's approval of a
Conditional Use Permit for a proposed restaurant/ supper club at 911 South "E"
Street (Exhibit 4)
FINANCIAL IMPACT
None; the appellant has submitted the application filing fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council:
1) Deny the appeal and uphold the Plarming Commission approval of
Conditional Use Permit No. 03-01, based on the Findings of Fact in the
Plarming Commission Staff Report, subject to the Conditions of Approval
and Standard Requirements; or
2) Uphold the appeal and deny Conditional Use Permit No. 03-01and continue
for two weeks for Development Services to bring Findings of Fact to the
Council.
Exhibits: 1 Location Map
2 Planning Commission Staff Report dated April 22, 2003
Attachment A Location Map
Attachment B Site Plan, Floor Plan, and Elevations
3 Planning Commission Staff Report dated May 20, 2003
Attachment A Location Map
Attachment B Site Plan, Floor Plan, and Elevations
Attachment C Conditions of Approval
Attachment D Standard Requirements
4 Application for Appeal dated June 02, 2003
EXHIBIT 1
CITY OF SAN BERNARDINO PROJECT: AP 03-09
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 8/4/03
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No.03-01 and Variance No. 03-01
I
April 22, 2003
3
OWNER:
Llewellyn & William Copp
Attn; Tax DRI-3 9950 MA YL
Richmond, VA 23233
APPLICANT:
Ashraf Joe Swidan
1485 Toluca Drive
San Bernardino, CA 92404
(909) 821-7174
REQUEST/LOCATION:
A request for approval of a conditional use permit to convert an existing retail building to a
"supper club" (restaurant with dancing and/or music and live entertainment) including a
banquet/comedy club facility and an interior parking facility. The proposal also includes a
request to consider off-site shared parking and a variance for parking during the afternoon.
hours when the shared parking is not available. The property is located at 911 S. "E" Street
(the old Circuit City building) in the CG-I, Commercial General land use district.
CONSTRAINTS/OVERLAYS:
NONE
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt from CEQA, Section 15301, Existing Facility
o No Significant Effects
o Previous Negative Declaration
o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan
ST AFF RECOMMENDATION:
o Approval
o Conditions
. Denial
o Continuance to:
Conditional Use Permit No. 03-01 & Variance No. 03-01
Meeting Date: 4/22/03
Page 2
REOUEST AND LOCATION
The applicant requests approval of a Conditional Use Permit under the authority of
Development Code Section 19.06.020, to convert'an existing retail building to a "supper club"
(restaurant with dancing and/or music and live entertainment) including a banquet/comedy
club facility and an interior parking facility. The proposal also includes a request to consider
off-site shared parking and a variance for parking during the afternoon hours when the shared
parking is not available. The property is located at 911 S. "E" Street (the old Circuit City
building) in the CG-I, Commercial General land use district (Attachment A).
The proposed valet parking will utilize the east portion ofthe lot including tandem spaces,
and the east interior of the existing structure, as well as have shared parking with a site
located at 740 S. "E" Street under a parking agreement. The proposed onsite parking will be
192 stalls; the proposed off-site parking will contain 38 stalls which will be available after
6:00 PM Monday through Friday and from 11 :00 AM Saturday and Sunday. The total
parking supplied during evening and weekend business hours will be 230, while 235 are
required.
SETTING/SITE CHARACTERISTICS
The existing site at 911 S. "E" Street is rectangular in shape consisting of approximately
1 07,000 square feet with a single access point onto "E" Street on the west property boundary,
and the existing structure situated in the northwest portion of the parcel. The areas
surrounding the site to the north, south, and west are CG-1, Commercial General land use
district, and developed with commercial uses. The area to the east of the project site is PCR,
Public Commercial Recreation (the Orange Show fair grounds).
The existing structure is approximately 36,662 square feet (35,000 square feet on the main
floor and 1,662 square feet in a mezzanine) and consists of two separate use areas one
previously used for storage and the other previously used for retail sales and offices. The area
which was previously used for storage (approximately 13,180 square feet) is proposed to
become the interior parking garage, while the area previously used as the sales floor
(approximately 23,482 square feet) will become the proposed supper club, kitchen, offices
and other facilities. However the proposal exceeds the maximum allowed tandem stalls (as
seen in Table A below), and the off-site shared parking proposed does not meet the
Development Code requirements in Section 19.24.060(15), which requires the stalls to be for
the life of the project, and the proposal only provides spaces for a maximum of25 years by
lease agreement.
BACKGROUND
The Development/Environmental Review Committee (DIEDRC) first heard this project on
January 30, 2003 and it continued so that the applicant could address various issues with the
plans submitted (including parking layout, site improvements, and interior and exterior
improvements. The applicant resubmitted plans and the project was brought back to the
Conditional Use Permit No. 03-0J & Variance No. 03-01
Meeting Date: 4/22/03
Page 3
D/ERC on February 20, 2003, at which time the project was moved to Planning Commission
for final review and determination.
CALIFORNIA ENVIRONMENTAL OUALlTY ACT (CEOA) STATUS
The project has been reviewed under the requirements of the California Environmental
Quality Act and has been determined to be Categorically Exempt under Section 15301 as an
existing facility.
FINDINGS AND ANALYSIS FOR THE CONDITIONAL USE PERMIT
1. Is the proposed use conditionally permitted within the subject land use district,
would it impair the integrity and character of the subject land use district, and
does it comply with all of the applicable provisions of this Development Code?
Yes, pursuant to Development Code Section 19.06.020 Table 06.01 (2)(1),
restaurants/nightclubs with entertainment are permitted in the CG-I, Commercial
General land use district, subject to the approval of a Conditional Use Permit.
However the proposed project does not comply with all of the applicable provisions of
the Development Code as shown in Table "A" below, even with the request for a
vanance.
TABLE "A" - DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN
Permitted Use Restaurant/nightclub with Permitted subject to N/A
entertainment Conditional Use Permit
I story -Height of existing
structure varies -with the
Height fa,ade facing "E" Street at 2 stories or 30 feet 2 stories or 30 feet
26.3 feet and an entry focal
point of 36.25 feet at the
southwest corner.
Setbacks 10 feet 10 feet
- Front o feet (north) o feet
- Side (interior) 141.3 feet (south o feet N/A
- Rear 85.5 feet o feet
Landscaping 9,485.7 square feel 9338 square feet N/A
(14.7%) (15%)
Lot Coverage 32 percent 50 percent N/A
Parking (1/100 SF) 230 total with
192 spaces (onsite) 235 spaces
38 spaces (off-site) N/A
- Standard 162 209
- Tandem 25 23
- Handican 5 5
Conditional Use Permit No. 03-01 & Variance No. 03-01
Meeting Date: 4/22/03
Page 4
2. Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan as follows:
General Plan GoallB states: "Provide employment opportunities for existing and
future residents of the City and those of adjacent communities"
General Plan Policy 1.19.10 states: "Permit a diversity of community-serving retail
and service uses.. ..in areas designated as Commercial General".
The proposed project will provide employment, restaurant, and entertainment
opportunities for local residents and the surrounding community.
3. Is the approval of the Conditional Use Permit for the proposed use in
compliance with the requirements of the California Environmental Quality Act
and Section 19.20.030(6) of the Development Code?
Yes, the approval of the conditional use permit is in compliance with the requirements
of both CEQA and SBMC Section 19.20.030(6) in as much as the proposed project
has been determined to be categorically exempt from the requirements ofCEQA.
4. Are there potentially significant negative impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored?
No, as noted in Finding No.3, this project complies with CEQA.
5. Are. the location, size, design, and operating characteristics of the proposed
use compatible with the existing and future land uses within the general area
in which the proposed use is to be located and will it create significant noise,
traffic or other conditions or situations that may be objectionable or
detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City?
The proposed restaurant/nightclub is located in an existing CG-l Commercial
General land use district, which is intended to serve the surrounding
community. In general, the operation of a supper club/nightclub may be in
compliance with all City requirements, however this project does not comply
with all City requirements. The operation of the proposed supper club will
create conditions that are detrimental to public interest, health, safety,
convenience, or welfare of the City, specifically with reference to the proposed
off-site parking.
The Development Code requires all parking to be located on the same parcel as
the use, unless approved otherwise by the review authority. The Development
Code also contains provisions for shared parking. Although not specified,
Conditional Use Permit No. 03-01 & Variance No. 03-01
Meeting Date: 4/22/03
Page 5
shared parking usually occurs between uses in a multi-tenant center or adjacent
parcels or uses. The applicant proposes off-site shared parking for the
proposed restaurant/nightclub, which is at a remote location some 500' north
of the project site.
The off-site shared parking is proposed to be located at 740 S. "E" Street. This
location is approximately 500' north of the subject property and is on the west
side of"E" Street (where the project site is on the east side). The applicant
proposes to use valet service to access the off-site parking. However the
proposed valet service would pose a safety risk to other vehicles traveling on
"E" Street, because they would be running from the project site to the remote
parking area, crossing "E" Street at any point between the two in order to save
time. Furthermore, since the proposed drop offlocation is at the sidewalk
abutting the project site on "E" Street, the valets would have to complete a "u-
turn" in order to get back to the valet accessible areas proposed on-site and
returning with cars from the remote location could pose a similar problem with
the valets turning around on "E" Street to deliver the car back to the patrons.
Additionally there is no guarantee that the patrons will choose to use the
proposed valet service, so they may be crossing "E" Street at various places,
depending upon where they choose to park, creating a pedestrian safety risk. If
the patrons do not use the valet service, or find a space on-site they may
choose to use the parking of other nearby commercial businesses on "E" Street
rather than trusting the valet service, which would be both objectionable and
detrimental to the existing businesses.
Thus due to the size and operational characteristics of the proposed use it is not
compatible with the existing uses in the area, and it would pose a traffic and
pedestrian hazard which would be objectionable and detrimental to the existing
local land uses and create an adverse situation regarding the public safety.
Furthermore the Development Code (Section 19.24.040) requires 235 parking spaces
for this project. The applicant proposes 192 spaces (including 25 tandem spaces
which exceeds the maximum allowed 10 percent of the total number of spaces
provided) on-site and 38 spaces off-site for a total of 230 parking stalls. Thus the
proposal does not comply with the general parking requirements of the Development
Code.
6. Is the subject site physically suitable for the type and density/intensity of use
being proposed?
No, the site is not physically suitable for the type and density/intensity of the project
being proposed due to the parking issues addressed in this report.
Conditional Use Permit No. 03-0J & Variance No. 03-01
Meeting Date: 4/22/03
Page 6
7. Are there 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?
Yes, all agencies responsible for reviewing access, and providing water, sanitation and
other public services have had the opportunity to review the proposed project, and all
have indicated an ability to serve the project. However, as noted above, due to .
operational characteristics, the proposed project does represent a potential risk to the
public health and safety, and would likely impact City services.
FINDINGS AND ANALYSIS FOR VARIANCE:
1. Are there special circumstances applicable to the property, including size, shape,
topography, location or surroundings, and will the strict application of this
Development Code deprive such property of privileges enjoyed by other property in
the vicinity and under identical land use district classification?
There are no special circumstances applicable to the subj ect property which restrict the
properties reuse as a retail establishment as it was originally constructed, however the
proposed restaurant/nightclub could not operate without the granting of the proposed
variance. The size ofthe existing building vs, the parking available on-site make it
unable to meet the Development Code parking requirements for the proposed use,
however, the structure may be re-used as an alternative retail facility.
2. Is the granting of the Variance necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and land
use district and denied to the property for which the Variance is sought?
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and land use
district and denied to the property for which the variance is sought because, as noted
previously, the existing structure can possibly be reused as a retail facility or modified
so that all parking can be accommodated on-site.
3. Will the granting of the Variance not be materially detrimental to the public health,
safety, or welfare, or injurious to the property or improvements in such vicinity and
land use district in which the property is located?
The granting of the variance will be materially detrimental to the public health, safety,
or welfare, or injurious to the properties or improvements in such vicinity and land use
district in which the property is located. Having inadequate parking available will
lead to people to parking at adjacent businesses, impacting their operations. Not all
customers will use the valet parking arrangement. Some customers will park on the
west side of "E" Street, a major arterial, and cross over to get to the project site. The
site is located mid-block, not at a signalized intersection.
Conditional Use Permit No. 03-01 & Variance No. 03-01
Meeting Date: 4/22/03
Page 7
4. Will the granting of the Variance constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district in which such
property is located?
The granting of the variance will constitute a special privilege inconsistent with the
. limitations upon other properties in the vicinity and land use district because it will
allow for an intensive use to be established without adequate provisions for parking.
5. Will the granting of the Variance allow a use or activity which is not otherwise
expressly authorized by the regulations governing the subject parcel?
No, the granting of the variance will not allow a use or activity which is not otherwise
expressly authorized by the regulations governing the subject parcel.
6. Will the granting of the Variance be inconsistent with the General Plan?
No, the granting of the variance will not be inconsistent with the General Plan because
it will allow for the establishment of a new community serving use, which will provide
employment opportunities for area residents.
'c.... ". .-
..?-...:~;
'.::h;~
Conditional Use Permit No. 03-01 & Variance No. 03-01
Meeting Date: 4/22/03
Page 8
CONCLUSION
The proposal does not meet all necessary Findings of Fact for approval of the Conditional Use
Permit and the Variance.
RECOMMENDATION
Staff recommends that the Planning Commission deny Conditional Use Permit No. 03-01 and
the Variance No. 03-01 based upon the Findings of Fact contained in this Staff Report.
Respectfully Submitted,
~~
James G. Funk
Director of Development Services
1::~~~
Associate Planner
Attachment A
Attachment B
Location Map
Site Plan, Floor Plan and Elevations
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 03-01
PLANNING DIVISION VAR 03-01
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 5/6/03
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EXHIBIT 3
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No.03-01
I
May 20, 2003
3
OWNER
Llewellyn & William Copp
Ann; Tax DRI-3 9950 MA YL
Richmond, V A 23233
APPLICANT:
Ashraf Joe Swidan
1485 Toluca Drive
San Bernardino, CA 92404
(909) 821-7174
REQUEST/LOCATION:
A request for approval of a conditional use permit to convert an existing retail building to a
"supper club" (restaurant with dancing and/or music and live entertainment) including a
banquet/comedy club facility and an interior parking facility. The property is located at 911
S. "E" Street (the old Circuit City building) in the CG-l, Commercial General land use
district.
CONSTRAINTS/OVERLAYS:
NONE
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, per Section 15301, Existing Facility
o No Significant Effects
o Previous Negative Declaration
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
. Approval
. Conditions
o Denial
o Continuance to:
Conditional Use Permit No. 03-01
Ivleeting Date: 5/20/03
Page 2
REOUEST AND LOCATION
The applicant requests approval of a Conditional Use Permit under the authority of
Development Code Section 19.06.020, to convert an existing retail building to a "supper
club" (restaurant with dancing and/or music and live entertainment) including a
banquet/comedy club facility and an interior parking facility. The property is located at 911
S. "E" Street (the old Circuit City building) in the CG-l, Commercial General land use
district (Attachment A).
The proposed valet parking will utilize the east portion of the lot including tandem spaces,
and the east interior of the existing structure. The proposed onsite parking will be 200
stalls. The total parking required onsite is 189 stalls based on the revised floor plan
submitted May 13, 2003.
SETTING/SITE CHARACTERISTICS
The existing site at 911 S. "E" Street (previously Circuit City) is rectangular in shape
consisting of approximately 107,000 square feet with a single access point onto "E" Street
on the sites west property boundary, and the existing structure situated in the northwest
portion of the parcel. The area surrounding the site to the north, south, and west are CG-l,
Commercial General land use district. The area to the east of the project site is PCR,
Public Commercial Recreation (the Orange Show fair grounds).
The existing structure is approximately 35,000 square feet and consists of two main sections
one previously used for storage and the other previously used for retail sales and offices.
The area which was previously used for storage (approximately 16,000 square feet) is
proposed to become the interior parking garage, while the area previously used as the sales
floor (approximately 18,850 square feet) will become the proposed supper club, kitchen,
offices and other facilities. Although the proposed project includes 34 tandem stalls and the
Development Code would seemingly restrict the number of tandem stalls to 20 this project
also proposes to have the tandem stalls only be accessed by valet service drivers. Valet
service is not addressed in the Development Code, and has been interpreted in this case to
offer a form of parking not addressed in the Development Code which is acceptable as
submitted.
BACKGROUND
The Development/Environmental Review Committee (D/EDRC) first heard this project on
January 30, 2003 and continued the item indefinitely to work on various issues with the
plans submitted (including parking layout, site improvements, as well as interior and
exterior improvements. The applicant resubmitted plans on February 12, 2003 and the
Conditional Use Permit No. 03-01
Meeting Date. 5/20/03
Page 3
project was brought back to the D/ERC on February 20, 2003, at which time the project
was moved to Planning Commission for final review and determination.
The Planning Commission held a public hearing regarding the proposed project on May 8,
2003 and continued the project to allow the applicant to revise the project so that all
required parking could be accommodated onsite, as a result the variance is no longer
required.
CALIFORNIA ENVIRONMENTAL OUALlTY ACT (CEOAl STATUS
The project has been reviewed under the requirements of the California Environmental
Quality Act and has been determined to be Categorically Exempt under Section 15301 as an
existing facility.
FINDINGS AND ANALYSIS FOR THE CONDITIONAL USE PERMIT
1. 1s the proposed use conditionally permitted within the subject land use
district, would it impair the integrity and character of the subject land use
district, and does it comply with all of the applicable provisions of this
Development Code?
Yes, pursuant to Development Code Section 19.06.020 Table 06.01 (2)(1),
restaurants with entertainment are permitted in the CG-l, Commercial General land
use district, subject to the approval of a Conditional Use Permit. The proposed
project complies with all applicable provisions of the Development Code as shown
below in Table "A" below.
TABLE "A" - DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN
Permitted Use Restaurant with Permitted subject 10 N/A
entertainment Conditional Use Permit
I story -Height of existing
structure varies -with the
Height fa~ade facing "En Street at 2 slOries or 30 feet 2 stories or 30 feet
26.3 feet and an entry
focal point of 36.25 feet at
the southwest comer.
Setbacks 10 feet 10 feet
- Front o feet (north) o feet
- Side (interior) 141.3 feet (south o feet N/A
- Rear 85.5 feet o feet
Comiltional Use Permit No. 03-01
,Heeting Date: 5/20/03
Page 4
I Landscaping 10.953 square feet 10.927 square reet I N/A
I 05%) 05%) [
Lot Coverage 32 percent 50 percent N/A
Parking 200 total with 189 spaces
- Standard 166 169 N/A
- Tandem 34* 20 (maximum)
- Handicap 5 5
'Per the discussion under the 'Setting/Site Characteristics' section above, this is allowed due to the valet
parking.
2. Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan as follows:
General Plan GoallB states: "Provide employment opportunities for existing and
future residents of the City and those of adjacent communities"
General Plan Policy 1.19.10 states: "Permit a diversity of community-serving retail
and service uses.... in areas designated as Commercial General" .
........:.,
1:/Z;;~
The proposed project will provide employment and retail food service opportunities
for local residents and the surrounding community. The project has been designed
and conditioned to ensure compatibility with adjacent uses.
3.
Is the approval of the Conditional Use Permit for the proposed use in
compliance with the requirements of the California Environmental Quality
Act and Section 19.20.030(6) of the Development Code?
Yes, the approval of the conditional use permit is in compliance with the
requirements of both CEQA and Development Code Section 19.20.030(6) in as
much as the proposed project has been determined to be categorically exempt from
the requirements of CEQA.
4. Are there potentially significant negative impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored?
No, as noted in Finding No.3, this project complies with CEQA and Development
Code requirements.
5. Are the location, size, design, and operating characteristics of the proposed
use compatible with the existing and future land uses within the general area
in which the proposed use is to be located and will it create significant noise,
traffic or other conditions or situations that may be objectionable or
Conditional Use Permit No. 03-0 J
Meetlllg Date: 5/20/03
Page 5
detrimemalto other permitted uses in the vicinity or adverse to the public
imerest, health, safety, convenience, or welfare of the City?
Yes, the proposed project is located in an existing CG-l Conunercial General
land use district, which is intended to serve the surrounding conununity. The
proposal will operate in a manner consistent with the regulations of the CG-l
land use district, as well as the General Plan. It is anticipated that the
operation of a supper club subject to the attached conditions will not create
any conditions that are detrimental to public health. The proposed project
complies with all applicable provisions of the Development Code in that all
dining and entertainment will be conducted within an enclosed structure.
Access
Vehicular access to the project site will be via an existing driveway onto "E" Street.
Parking
The Development Code Section 19.24.040 requires 189 parking spaces for this
project. The proposal complies with parking by providing 200.
Landscaping
The proposed landscaping of 15.3% meets Development Code requirements of 15%.
"'~ :~ .'~ -~.
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6.
Is the subject site physically suitable for the type and density/illtensity of use
being proposed?
Yes, the site is physically suitable for the type and density/intensity of the project
being proposed as evidenced by project compliance with all applicable Development
Code Standards for lot coverage, height limitation, setbacks, landscaping and
parking requirements as discussed in Finding No.1 above and illustrated in Table
"A".
7. Are there adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimelltal
to public health and safety?
Yes, all agencies responsible for reviewing access, and providing water, sanitation
and other public services have had the opportunity to review the proposed project,
and all have indicated an ability to serve the project. The proposal will not be
detrimental to the public health and safety in that all applicable Codes will apply to
the construction of this project.
Conditional Use Permit No. 03-01
Meeting Date: 5/20/03
Page 6
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use
Permit.
RECOMMENDATION
The Planning Commission can approve Conditional Use Permit No. 03-01 based upon the
Findings of Fact contained in this Staff Report and subject to the Conditions of Approval
(Attachment C) and Standard Requirements (Attachment D).
Respectfully Submitted,
Vvwu(;~
James G. Funk
Director of Development Services
/!2:r;~~~0
~ecklet
Associate Planner
......;:..-.
";'~~.' .'
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan, Floor Plan and Elevations
Conditions of Approval
Standard Requirements
,----
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 03-01
PLANNING DIVISION VAR 03-01
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 5/6/03
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Conditional Use Permit No. 03-01
Meeting Date.' 5/20/03
Page 9
ATTACHMENT C
CONDITIONS OF APPROY AL
CONDITIONAL USE PERMIT NO. 03-01
1. Within two years of development 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.
Expiration Date: May 20, 2005
2. The review authority may, upon application being filed 30 days prior to the
expiration date and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall ensure that the project complies with all current
Development Code provisions.
3. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense
of this matter. Once notified, the applicant agrees to defend, indemnify and hold
harmless the City of San Bernardino (City), the Economic Development Agency of
the City of San Bernardino (EDA), any departments, agencies, divisions, boards or
commission of either the City or EDA as well as predecessors, successors, assigns, .
agents, directors, elected officials, officers, employees, representatives and attorneys
of either the City or EDA from any claim, action or proceeding against any of the
foregoing persons or entities. The applicant further agrees to reimburse the City of
any costs and attorneys' fees which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her
obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorneys fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in
effect if this Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
4. Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. 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:
Conditional Use Permit No. 03.01
Meellng Date.' 5/20/03
Page 10
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.
5. No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use of land or structure(s) shall be inaugurated, or no new
business commenced as authorized by this permit until a Certificate of Occupancy
has been issued by the Department of Development Services. A temporary
Certificate of Occupancy may be issued by the Department subject to the conditions
imposed on the use, provided that a deposit is filed with the Department of Public
Works prior to the issuance of the Certificate, if necessary. The deposit or security
shall guarantee the faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
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 is 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.
7. Signs are not approved as a part of this permit. Prior to establishing any new signs,
or replacing existing signs, the applicant shall submit an application, and receive
approval, for a sign permit from the Planning Department, as well as obtain any
Building Permits associated with the signage. Signs painted on the outside of the
building are prohibited.
8. No painted window signs, roof signs, permanent sale or come-on signs will be
permitted at this site per SBMC ~ 19.22.060.
9. Signs/banners may not be placed on or over the roof or within landscaped areas.
Banners and other signs for special events (i.e., grand opening) will require a
COllditiollal Use Permit No. 03-01
Meetlllg Date: 5/20/03
Page 11
Temporary Sign Permit to be approved by the Planning Division prior to
installation/hanging.
10. If public/pay telephones are located on the site, they shall be located inside the
building and fixed for outgoing calls only.
11. All vandalism and graffiti must be repaired/removed within 24 hours of its
occurrence. The management shall take a photograph of the graffiti and provide it to
the Police Department before removing the graffiti.
12. The owner/manager shall be responsible for posting signs prohibiting littering and
loitering.
13. The proposal includes repainting the building (to a beige background with burgundy
trim) and adding some architectural modifications to bring the building into
compliance with the current design standards. The modifications proposed are
subject to review and modification by the Planning Division staff for the
establishment of the proposed use through the building permit application process.
14. If the color of the building or other exterior finish material is to be modified after
approval by the Planning Division staff through the building permit application process
for establishment of the proposed use, the revised color scheme and/or finish materials
shall be reviewed and approved by the Planning Division prior to commencement of
work.
15. All exterior lighting shall be energy efficient with the ability to lower or reduce usage
when the store is closed. Signage may be required to be turned-off when the store is
closed. No spill over is permitted.
16. The existing mezzanine areas shall be closed off and restricted to maintenance and
utility access use only as indicated on the plans.
17. The proposed doorway facing onto "E" Street shall be for use as an emergency exit
only, not an entrance into the facilities.
18. Submittal requirements for permit applications (building, site improvements,
landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall
include all Conditions of Approval and Standard Requirements issued with the
Planning approval.
19. All improvements must be completed before the business can open.
20. Hours of operation shall be as outlined in the San Bernardino Police Department
Conditions.
Conditional Use Permit No. 03-0J
Meeting Date: 5/20/03
Page /2
21. If the building abutting the south property lines (on the abutting parcel) is ever
demolished the block wall on the south property line shall be completed to fill the
gap where the building is currently proposed to replace the perimeter wall.
22. All parking stalls and access routes (on-site) shall conform to the Development
Code. If for any reason the minimum number of stalls cannot be met as described
on plans then the Certificate of Occupancy shall not be issued.
23. The proposed perimeter wall shall be of decorative block (slump-stone, split-face or
similar) product and shall conform to standards contained within SBMC Section
19.20.
24. The proposed screening for the smoking area shall be of a material and a color to
match/compliment the existing building and shall be approved by the Planning
Division during the plan check process prior to issuance of a building permit.
25. The proposed metal accordian style door(s) for the interior parking area shall be
finished to match the building color as approved by the Planning Division.
26. A permit must be obtained from the Water Reclamation for installation of the grease
interceptor.
27. Any violations of the Conditions of Approval and/or the Standard Requirements
incorporated therewith shall result in revocation proceedings of the Conditional Use
Permit.
28. No final Certificate of Occupancy shall be issued until all conditions of approval
have been completed.
29. This permit or approval is subject to the attached conditions or requirements ofthe
following City Departments or Divisions:
a. Building and Safety, Plan Check Division
b. Public Works, Engineering Division
c. Fire Department
d. Police Department
1-
SBPO Conditions for Sopranos' (Conditional Use Permit No. 03-01)
1) Sales. service and consumption of alcoholic beverages shall be permitted only between
the hours of 11 :00 am to 1:45 am each day of the week.
2) Applicants not exercising the privileges of their ABC license until after 9:00 p.m. are
deemed not exercising the privileges of their license in good faith and said method of
operation shall be deemed contrary to public welfare and morals and an attempt on the
part of the Applicants to circumvent the provisions of Section 23038 of the Business and
Professions Code. (B&P Section 23038 defines "Bona fide public eating place")
3) The premises shall be maintained as a bona fide food restaurant and shall provide a
menu containing an assortment of food normally offered in such restaurants. Food sales
shall be available during all hours of operation.
4) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The Applicant shall at all times maintain records which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. Said records shall be kept no less frequently than on a quarterly basis
and shall be made available to the Department for inspection on demand.
5) Noise generated inside the premises shall not be audible anywhere on adjacent property
or public right of way.
6) A minimum of four licensed uniformed security guards shall be required inside at all times
when there is live entertainment or when dancing is allowed. The parking lot shall also
have at least one licensed uniformed security guard on patrol at all times the business is
open. The security guards shall remain one half hour after closing hours.
7) No person under 21 years of age shall be allowed inside the premises after 11 :00 p.m.
8) 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.
9) Applicant shall comply with all City building, fire, zoning and health and safety
regulations.
10) Upon demand, Applicant shall make available to any police official the current names and
addresses of all persons who are owners or who are in the management or operation of
the business. One of the managers must be on the premises during hours of operation.
11) No business shall be conducted on the premises after 1:45 a.m.
12) Non-employees are prohibited from being inside the premises after 2:00 a.m.
13) If public telephones are located on the premises, they shall be inside the building and set
for outgoing calls only.
14) No alcoholic beverages shall be consumed on any property outside of the licensed
premises under the control of the Applicant.
15) Applicant shall not sell any alcoholic beverages for consumption outside of the licensed
premises.
16) Any graffiti painted or marked upon the premises or on any adjacent area under the
control of the Applicant shall be removed or painted over within 48 hours of being
applied. Pictures of the graffiti shall be taken and given to the Police Department.
17) The Applicant shall be responsible for reimbursement costs to the City of San Bernardino
for "extraordinary law enforcement services" generated by Applicant's business.
Extraordinary law enforcement services are those defined under San Bernardino
Municipal Code Chapter 8.82 and Police Department Standard Operating Procedure
Chapter 21, Procedure 4.
18) The Applicant shall be responsible for posting San Bernardino City approved signs
prohibiting littering, loitering and drinking in the parking lots.
19) The Applicant shall also maintain for their patrons, a smoking area that complies with
State laws. This area shall be located on the South side of the building.
20) There shall be three valet parking attendants present at all times the business is open.
All valet operations (vehicle drop-off and pick-up) shall be conducted in the parking 101 of
Ihe business and not on E street.
2
City of San Bernardino
.
STANDARD REQUIREMENTS
Development Services/Plan Check Division
Property address:
DRCICUP/DP:
DATE:
NOTE; NO PLANS WILL BE ACCEPTED
CHECK WITHOUT CONDITIONS OF
IMPRINTED ON PLAN SHEETS.
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale: If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
a. site plan (include address & assessors parcel number)
b. foundation plan
c. floor plan (label use of all areas)
d. elevations
e. electrical, mechanical, & plumbing plans
f. detail sheets (structural)
g. cross section details
h. show compliance with Title 24/Accessibility (disabled access)
i. a plan check deposit fee will be required upon submittal of plans.
Call Development Services (plan check) 909-384-5071 for amount.
FOR PLAN
APPROV AL
I.
The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinklers, & the current applicable codes.
1
The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
3.
For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
4.
Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
5.
Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check
approval and permits. For more information, phone 909-384-5111.
300 N 'D' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
7. Signs require a separate submittal to the Planning Division for plan check approval and
permits. For information, phone 909-384-5057.
8. Restaurants, food preparation facilities, and some health related occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone 909-387-3043.
9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plants, etc. may require approvals and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that
permits can be issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & policy number. Owner-builders must provide
proof of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6
WEEKS FOR I ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMA TEL Y 10 WORKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS.
Comments:
300 N 'D' Street San Bernardino CA 92418
909-384-5071 Office
909.384-5080 Fax
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-01
I! APPLICANT:
SWIDAN ASHRAF FANWAZ
DESCRIPTION: CONVERT AN EXISTING
BUILDING TO A SUPER CLUB
LOCATION: 911 S. "E" STREET
. NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is
responsible for submitting the Engineering plans direcUy to the Engineering Division. They
may be submitted prior to submittal of Building Plans.
1. Drainage and Flood Control
a) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
b) If site drainage is to be outletted into the public street, the drainage shall
be conveyed through a parkway culvert constructed in accordance with
City Standard No. 400. Conveyance of site drainage over the Driveway
approaches will not be permitted.
c) Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements.
d) The City Engineer, prior to grading plan approval, shall approve an
Erosion Control Plan. 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.
Page 1 of 5 Pages
3/11/2003
I
! STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
DESCRIPTION: CONVERT AN EXISTING
BUILDING TO A SUPER CLUB
APPLICANT:
SWIDAN ASHRAF FANWAZ
LOCATION: 911 S. "E" STREET
2. Grading and Landscaping
a) If more than l' 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.
b)
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").
'"':~:::
c) A refuse enclosure constructed in accordance with City Standard Drawing
No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15
feet, unless the Public Services Department, Refuse Division, approves a
smaller size, in writing.
d) The on-site improvement plan shall include details of on-site lighting,
including light location, type of poles and fixtures, foundation design,
conduit location and size, and the number and size of conductors.
Photometry calculations shall be provided which show that the proposed
on-site lighting design will provide 1 foot-candle of illumination uniformly
distributed over the surface of the parking lot during hours of operation
and 0.25 foot-candles security lighting during all other hours.
e) The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
handicap parking and accessibility, including retrofitting of existing
building access points for handicap accessibility, if applicable.
Page 2 of 5 Pages
3/11/2003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-01
DESCRIPTION: CONVERT AN EXISTING
BUILDING TO A SUPER CLUB
APPLICANT:
SWIDAN ASHRAF FANWAZ
LOCATION: 911 S. "E" STREET
f) A handicap accessible path of travel shall be provided from the public way
to the building entrance. All pathways shall be concrete paved and shall
provide a minimum clear width of 4 feet. Where parking overhangs the
pathway, the minimum paved width shall be 6 feet.
g) Where the handicap accessible path of travel crosses drive aisles. it shall
be delineated by striping or textured/colored concrete pavement.
h) The project Landscape Plan shall be reviewed and approved by the City
Engineer prior to issuance of a grading permit. Submit 5 copies to the
Engineering Division for Checking.
i) The public right-of-way, between the property line and top of curb (also
known as .parkway") along adjoining streets shall be landscaped by the
developer and maintained in perpetuity by the property owner. Details of
the parkway landscaping shall be included in the project's on-site
landscape plan.
j) An easement and covenant shall be executed on behalf of the City to
allow the City to enter and maintain any required landscaping in case of
owner neglect. The Real Property Section for execution by the property
owner and shall ensure that, if the property owner or subsequent owner(s)
fail to properly maintain the landscaping, the City will be able to file
appropriate liens against the property in order to accomplish the required
landscape maintenance. A document processing fee in the amount of
$200.00 shall be paid to the Real Property Section to cover processing
costs. The property owner, prior to plan approval, shall execute this
easement and covenant unless otherwise allowed by the City Engineer.
Page 3 of 5 Pages
3/11/2003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
T
DESCRIPTION: CONVERT AN EXISTING
BUILDING TO A SUPER CLUB
i CASE NO: C.U.P. 03-01
!
i APPLICANT:
I SWIDAN ASHRAF FANWAZ j
LOCATION: 911 S. "E" STREET
3. Utilities
a) Design and construct all public utilities to serve the site in accordance with
City Code, City Standards and requirements of the serving utility,
including gas, electric, telephone, water, sewer and cable TV (Cable TV
optional for commercial, industrial, or institutional uses).
b) Utility services shall be placed underground and easements provided as
required.
c) A street cut permit, from the City Engineer, will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
4. Street Improvement and Dedications
a) Construct Driveway Approaches per City Standard No. 204, Type II,
including Handicap by-pass. Remove existing driveway approaches that
are not part of the approved plan and replace with full height curb & gutter
and sidewalk.
5. Required Engineering Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
Page 4 of 5 Pages
3/11/2003
STANDARD REQUIREMEttlS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
DESCRIPTION: CONVERT AN EXISTING
BUILDING TO A SUPER CLUB
CASE NO: C.U.P. 03-01
I
i APPLICANT: :
I SWIDAN ASHRAF FANWAZ :
LOCATION: 911 S. "E" STREET
6. Applicable Engineering Fees!
a) Plan check and inspection fees for off-site improvements - 4% and 4%.
respectively, of the estimated construction cost2 of the off-site
improvements.
b) Plan check and inspection fees for on-site improvements (except buildings
- See Development Services-Building Division) - 2% and 3%, respectively,
of the estimated construction case of the on-site improvements, including
landscaping.
-:"-~
c)
Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
d) Traffic system fee in the estimated amount of $4.301.07. Based on m
trips per day @ $18.148 per new trip generated by the project. The City
Traffic Engineer shall determine exact amount at time of application for
Building Permit.
I All Fees are subject to change without notice.
'Estimated Construction Cost for Off-Site Improvements is based on a list of standard unit prices on file with
the Public Works Division.
) Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on file with
the Public Works Division.
Page 5 of 5 Pages
3/12/2003
VI II
ClT't or SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS GiN CvP03-QI
2. - 2.0 - 03
ReViewed By GERI
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GENERAL REQUIREMENTS:
. '1'-'1111 '''-' l~Jlc a(lJlllullo.Jl :;el of constru\:llvn Pldm. Iv Building and Safety for Fire Oepanment use .1 lime 01 plan ctleck.
CUl1IJd l'.\~ ('II,. uf S.JO Bernardino Flf~ Department at (909) 384.5388 for specilic deta~ requirements
fhe r1elle1cpcf shall prOllloo for adeqL.<it'" flrF.lllow MInimum fjre flow requirements shall be based on square footage, conslruct1Qn leatures, and exposure
1I1!ojrma!I'::;!l 5upphell t,y the dcv~lop~, and!!!!!!! be available Dnor to placing combustibte materials on site.
WATER PURVEYOR FOR FIRE PROTECTION:
o The I.re protection waler service? lor 1M area of this project is provided by:
o San Bemardino Municipal WaltH Department-Engineering (909) 384.5391
o East Valley Warer Dlstnct-Englnettring (909) 888-8986
o Other Water purveyor:
Phone:
.
PUjlLIC FIRE PROTECTION FACILITIES:
[]' Public fire hydrants ,ue requlli;\l aIOf1Q slraels at intervalS not to exceed 300 IIiii!I for commercial and multi-residenlial areas ancl at intervals not toexceea
_ ".600 feet lor residenlla' ..(ea~
~ Fire hydrant minimum 11,,~. r_il~sJt 1.500 gpm at a 20 psi mlntmum residual pressure are required for commercial and multi-residential areas. Minmum lire
.J hydrant flow rates of 1 000 .,}pm <"I cl 20 psi minimum residual pressure are required for residential areas.
l!l Fire hydrant type ana sp~';lhc IO':dli.;..n shall be jointty determined by the City 01 San Bernardino Fire Department In conlUnCtlOfi Wlftlthe water purveyor. Fire
_ ..)lydrant materials and Instdliauon shall conform to the standards and specificattons of the water purveyor.
[lY Public fire hydrants, hre StHVlces, and public water laciltties necessary to meet Fire Department requirements are the developer'~ tinanasl responsibility and
shall be installed by the .....:ner putveyor or by the developer at the waler purveyor's discretion. Contact the water purveyor indicated above lor additional
infonnation.
ACCESS:
o Provide two separale, dedlCaled loulesof ingresslegress to the property entrance. The routes shaN be paved. all weather
o Provide an access road 10 e.ch building lor fire apparatus. Access roadway shaU have an all-weather driving surface of not less than 20 feel of unob-
slructed width
1 Extend roadway to 'Mlhin 150 teet 01 all portions 01 the exterior wall of "S. SIOry buildings.
Extend roadway to wilhin 50 feet of the exterior wall of .1 multiple-story buitdings.
"0' Provide ~NO PARKING" signs whenever parking 01 vehides 'NOuld possibte reduce the cearance 0' aCCess roadways to iess than the required width. Signs
r.. are 10 read "FIRE LANE-NO PARKlN_.C. _.15,16".
o Dead.end streets shall no! exceed 500 feel in length and shall have a minimum 40 fOOl radius lurnaround.
o The names 01 any new streets (publlc or private) shall be subrnilled to the Fire Depar1menl for opproval.
SITE:
o All access roads and streets are to be constructed and usable prior 10 combustible conatrucUon.
o Privale fjre hydrants shall be iOSlalkK! 10 protect each buiIc:fing Ioc8ted more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any
exterior waiL The hydranlS shan be Wit BorroI type, with 0111 2~ Inch end 4 Inch outlot, end _roved by the Fire Department Areas ~ to fire
hydranls shall be designaled as a "NO PARKING" zone by painting an 8 Inch wide, red stripe for 151eet in each direction in lronl 01 the hydrant in such a
manner thai I win not be blocked by part<ad vehicles. Lettering to be in white 6" by lIi".
BUILDINGS;
')!l Address owne,.s shan be installed on the building at the Iront or other approved kx:atlon in such 8 manner as to be visibkt from the frontage street. COm.
mercial and muli ,amily address numerals shaD be 6 Inches laU, lingle family address numerals: shaU be 4 inches tall. The coktr of the numerals shall con.
trast with the color 01 the bedlground.
o Identify _ gas end electric meter with the number 01 the un" " serves.
:)4: Fire eKtinguishers must be insta8ed prior 10 the building being occupied. The minimum rating for any lire eKtingulsher is 2A fOBIC. Minimum dislrtJution of
fire extinguishers mUll be such that no interior part of the tM,IUding is over 75 feellravel distance from a Ore exttnguilher.
o Apanment houses Vllilh 16 or more units. hol. (moIels) ""th 20 or more units. or apartments or haI.1s (motets) three stones or more in height shaH be
equipped with automatic fire sprinkle.. daslgned to NFPA standards.
o All buildings. over 5,000 square feet. shall be equipped with an automatic fire sprinker system designed to NFPA standards. This Includes exist;ng buildings
vacant OYer 36S days.
1)( Submit plana for the fire protection system to the Fire Department prior to beginning conslruction of the system. Permit required.
"H Tenant inprovomen1S In .. sprinklered buildings ore to be approved by the Fire Depal1mlnt prior to 118" 01 construction. Penn" required.
g Provide fino oIann (required Ihnlughout). Plans must be _roved by the Fire DepaI1ment prior to sta" 01 installation. Penn" required.
o Fire Oepor1ment connection to sprinkler Syslem/standpipe system, shall be required st FIro Depal1mlnt _ed location.
~FireCodoPonn"requiIed. A<$-~M8l'-l PE:e..tn rr
"'J5? Fire Sprinkler monitoring required. ~ns must Ila opproved by the Fire Oepa"ment prior to the ste" 01 conslructlon. Penn" required.
Nola: The applicant must reque~ In writing, any changes to Fire Oepal1mlnl requirements.
ADDITIONAL INFORMATION: PI!(\/I De:: A -kl./Jx AOt' h'7"~'I l ~ys-rJ;;m .
) III='" {;PR/IV}<'(F..J: C5Y5T~m 'S1Hi<-L- tlA.w::' A ~f'F:"1'h- 5 Y~R
.__ (!E~""l~ r t'.:A-rr alii.
FP8170107-GOl
eit)' of Scm Bmwdillo
Devdoymwt services
D~pl1rtmCllt
EXHIBIT 4
Application for Appeal
/f72-/)~
APPEAL FROM A DECISION OF THE (check one)
"-- . ,.,,-------.'.- ..._-----~------
o Development Services Director;
o Development/Environmental Review Committee; or
I!!I Planning Commission
Case number(s):
Conditional Use Permit No. 03-01
Project address:
911 South "E" Street
San Bernardino Police Department, Garrett Zimmon, Chief of Police
Appellant's name:
Appellant's address: 710 North "D" Street. San Bernardino. CA 92401
Appellant's phone: (909) l.lU-'\7L.7
Contact person's name: Garrett Zimmon, Chief of Police
Contact person's address:7l0 North "D" Street. San Bernardino. CA Q~401
Contact person's phone: (909) 384-5742
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and
time of the appeal hearing.
OFFICE USE ONLY
Date appeal filed: (/.1 / c::,
Received by: @
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JUN 0 2 2003
8ERNAA01NO
eeN OfO~~Ni 5E~VICES
DE'/EloEP.A.A'TMENT
511/01
REQUIRED I:\lFORMA nON FOR AN APPEAL
Specific action being appealed and the date of that action: The Planning Counnission I s approval
of Conditional Use Permit No. 03-01 on May 20. 2003.
Specific grounds for the appeal: Please see attachment "A".
Action sought: The San Bernardino Police Department seeks denial of Conditional
Use Permit No. 03-01.
Additional information:
Please see attachment "B".
Signature of appellant:
Date:
5130/03
2
Sil~1
ATTACHMENT "A"
GROUNDS FOR APPEAL
San Bernardino Development Code section 19.36.010 provides that the review of an
application of a Conditional Use Pennit ("CUP") shall "detennine whether the proposed use
should be pennitted by weighing the public need for and the benefit to be derived from the use
against the impact which it may cause."
The San Bernardino Police Department is appealing the May 20,2003 decision of the San
Bernardino Planning Commission approving Conditional Use Pennit No. 03-01 for Soprano's
Supper Club located at 911 S. E Street (the old Circuit City building). The Police Department
will argue that the Findings of Fact required for the issuance of a CUP cannot be met and that on
that basis, CUP No. 03-01 should be denied.
The San Bernardino Police Department will make evident at the Appeal Hearing before
the Common Council that the project would: I) impair the integrity and character of the land use
district in contradiction to San Bernardino Development Code section 19.36.050(1); 2) be
inconsistent with the goals of the General Plan in contradiction to San Bernardino Development
Code section 19.36.050(2); 3) be incompatible with the existing land uses within the general area
and would create significant noise, traffic, and other conditions and situations that are
objectionable and detrimental or adverse to the public interest, safety and welfare in contradiction
to San Bernardino Development Code section 19.36.050(5); and, 4)create a drain on public
services that would be detrimental to public safety in contradiction to San Bernardino
Development Code section 19.36.050(7).
ATTACHMENT "B"
ADDITIONAL INFORMA nON
The San Bernardino Police Department will present testimony at the appeal hearing that
will demonstrate the Department's concerns about the project. Persons presenting such positions
on behalf of the Police Department and documents will likely include (but is not limited to):
Chief Garrett Zimmon, Captain Jenifer Aragon, Lieutenant Steve Klettenberg, Sergeant
Williams, Detective M. Potts, and Detective R. Rocha.
L
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NORTH MALL
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BUFFALO RANCH
(PARKING LOT LOCKED)
SOUTH MALL
Scale I" = 100'
Drawn by Ofticer Cardillo, SBPD
E STREET
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MENS Illi'\REHOUSE
895 SCJlJT1i E STREET
SOPRANOS
34,900Sq R
PET EMPORIUM
891 SCJlJT1i E ST
CHUCK E CHEESE
965 SOUTH E ST
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99 CENTS STORE
975 SCJlJT1i E ST
r
XI03-9 The Inland Empire's Alternative Rock
Page I of3
'~!' , -
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WEDnesday
Soprano's Club
Hosted by John DeSantis
18 and over with a $500 wet I-shirt contest fOf the ladies and a stereo giveaway for the guys.
No cover before 10:30pm with $2 domestics all night
Grand opening May 7th with Nikki Sixx from Motley Crue and Playboy Playmates
23750 Alessandro Blvd # K in Moreno Valley
653,1234
THUrsday
.....
GOTHAM
295 E. Caronline Street, San Bemardino (909) 824-5444
Hosted by Jack Broady
18 and over
$2 long island ice teas and Corona's ti!l11 pm.
FRIday
....
MARGARITAVILLE
Double X-rated Friday nights with X 103-9
Join Bobby Sato in Rancho Cucamonga at Margaritaville
Join Broady in San Bernardino at Margaritaville
21 and over only.
No cover charges, because cover char;)8S suckl
$2 Sex on tile beach shots all night long
Give-aways from Sais Clothing and X 1039
http://www.xI039.com/draven/xinpublie.asp
OS/28/2003
OFFICE OF THE CITY CLERK
RACHEL C, ClARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002. Fax: 909384.5158
www.ci.san-bernardino.ca.us
,f.'
July 23, 2003
Mr. Garrett Zimmon
Chief of Police
710 N. "D" Street
San Bernardino, CA 92401
(ilL')...!
Dear M1-<'Zimmon:
At the meeting of the Mayor and Common Council held on July 21,2003, the following action
was taken relative to the appeal of the Planning Commission's approval to establish a supper
club/nightclub at 911 S. "E" Street:
That the hearing be closed; that the Mayor and Common Council uphold the appeal and
deny Conditional Use Permit No. 03-01; and that the matter be continued to August 4,
2003, in order for Development Services to bring Findings of Fact to the Council.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
/"'") " ,L C' () ,
'J\,'''_c i "-t.C /;:;, <- <Lk..4c
Rachel G. Clark, CMC
City Clerk
RGC:lls
Enclosure
cc: Development Services
Ms. Alicen Wong
Gresham, Savage, Nolan & Tilden, LLP
600 N. Arrowhead Ave., Suite 300
San Bernardino, CA 92401
CITY OF SAN BERNARllINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity. Honesty
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
~M
August 5,2003
Mr. Garrett Zimrnon
Chief of Police
710 N. "D" Street
San Bernardino, CA 92401
Dear Chief Zimmon:
At the meeting of the Mayor and Common Council held on August 4, 2003, the following action
was taken relative to the appeal of the Planning Commission's approval to establish a supper
club/nightclub at 911 S. "E" Street:
That the Mayor and Common Council adopt the Findings of Fact contained in the staff
report, uphold the appeal and deny Conditional Use Permit No. 03-01.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
1&eJullf. Cla~k,
Rachel G. Clark, CMC ~.AltL.
City Clerk 0
RGC:lls
Enclosures
cc: Development Services
Ms. Alicen Wong
Gresham, Savage, Nolan & Tilden, LLP
600 N. Arrowhead Ave., Suite 300
San Bernardino, CA 92401
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty