HomeMy WebLinkAbout29-Development Services
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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
/
1I; .,; ',--
Subject: Appeal of Planning Commission denial of
Conditional Use Permit No. 02-04, to upgrade an
ABC Type 20 to a Type 21 liquor license for Budget
King Meat Market located at 1150 West Baseline
. " ~7r
MCC Date: July 1,2002
From:
Dept:
James G. Funk, Director
Development Services
Date:
June 10,2002
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council deny the appeal and uphold the Planning Commission's
denial of Conditional Use Permit No. 02-04, based upon the Findings of Fact for Budget King Meat
Market store located at 1150 West Baseline Street.
Y~!~~~fvJF
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
Agenda Item No. ;..q
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I I
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE
PERMIT No. 02-04
Mayor and Common Council Meeting of July 1, 2002
Owner/Applicant:
Numan Kofrani
1150 West Baseline Street
San Bernardino, CA 92411
(909) 889-5951
REQUEST
Appellant:
Stephen A. Madoni
600 North Arrowhead Avenue, Suite 212
San Bernardino, CA 92402
(909) 383-8582
The appellant is appealing the Planning Commission denial of Conditional Use Permit No. 02-
04, to upgrade an ABC Type 20 (off-sale beer & wine) to a Type 21 (on-sale general) liquor
license at the 4,200 square foot Budget King Meat Market located at 1150 West Baseline Street
in the CG-2, Commercial General, land use district (Exhibit A).
BACKGROUND
At its meeting on May 7, 2002, the Planning Commission voted unanimously to continue CUP
No. 02-04 to May 21, 2002, to allow time for staff to prepare findings offact and to bring
recommended motions for both approval and denial of this proposal. Commissioners Durr,
Lockett, Morris, Sauerbrun, Thrasher voted in favor of the motion and Commissioners Coute,
Enciso, Ramirez and Welch were absent.
The applicant spoke in favor of upgrading the ABC license and stated that the purchase of this
license is from a surrounding business location that will be closed down permanently.
Refer to the Planning Commission Staff Report, Exhibit B for additional discussion.
At its continued hearing on May 21,2002, Deputy City Attorney Henry Empefio advised the
Planning Commission that pursuant to Sections 19.06.030(2)(B)(1), (locational distance criteria),
and 19.62.030(5), (expansion oflega1 non-conforming), of the Development Code, no findings of
fact and conditions of approval could be adopted to support this application. The market is
within 100 feet of property designated for residential use and the ABC license upgrade is an
expansion or change of a legal nonconforming use. Based on these sections, the Planning
Commission had no discretion to approve this proposal. As a result, the Planning Commission
voted unanimously to deny CUP No. 02-04, to upgrade the ABC Type 20 to a Type 21 liquor
license. Commissioners Coute, Durr, Enciso, Lockett, Morris, Sauerbrun and Thrasher voted in
favor ofthe motion to deny the Conditional Use Permit. Commissioner Welch was absent.
I f----.--
The applicant was given the opportunity to speak in support of this proposal once again and
submitted a letter to the Planning Commission from the business owner who was selling the ABC
license to the Applicant for consideration (Exhibit C). The applicant also stated that he was
aware of the reasons and the Ordinances applicable to this denial.
On June 4, 2002, the appellant filed an appeal to the Mayor and Common Council. The appellant
is asking that the Mayor and Common Council overturn the decision of the Planning
Commission and approve the ABC license upgrade.
The appellant's grounds for the appeal are that the Planning Commission's refusal to allow the
transfer of the liquor license constitutes: I) a prohibited taking by governmental authorities
without due process and 2) an abuse of discretion on the part of the Planning Commission. The
details of the appeal are in Exhibit D.
CONCLUSION
Based on Sections 19.06.030(2)(B)(1), and 19.62.030(5) of the Development Code, staff found no
supporting facts and data to support the appellant grounds for appeal.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the Planning
Commission's denial of Conditional Use Permit No. 02-04, based upon Sections
19.06.030(2)(B)(1), and 19.62.030(5), of the Development Code, as contained in the Findings of
Fact, Exhibit E.
EXHIBITS:
A Location Map
B Planning Commission Staff Report
C Applicant Letter to the Planning Commission
D Application for Appeal
E Findings of Fact
1 I
CITY OF SAN BERNARDINO PROJECT: CUP 02-04
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 5/7102
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SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Pennit No.02-04
3
May 7, 2002
6
OWNER/APPLICANT:
Numan Kofrani
1150 West Baseline Street
San Bernardino, CA 92411
909-889-5951
REQUEST/LOCA TION:
A request for approval of a Conditional Use Pernlit to upgrade an Alcoholic Beverage Control
(ABC) Type 20 (off-sale beer & wine) to a Type 21 (off-sale general) license at an existing
Budget King Meat Market located at 1150 West Baseline Street in the CG-2, Commercial
General, land use district.
CONSTRAINTS/OVERLAYS:
None
ENVIRONMENTAL FINDINGS:
o Not Applicable
~ Exempt from CEQA, Section 15301 - Existing Facilities
o No Significant Effects
o Potential EtTects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
o Approval
o Conditions
li1I Denial
o Continuance to:
i I
~onditional Use Permit No. 02-04
Meeting Date: May 7, 2002
Page 2
REOUEST AND LOCATION
A request for approval of a Conditional Use Pennit under the authority of Development Code
Section 19.06.030 (2)(B), to upgrade a Type 20 (off-sale beer & wine) to a Type 21 (off-sale
general) license at an existing Budget King Meat Market located at 1150 West Baseline Street in
the CG-2. Commercial General, land use district.
The project site consists of approximately 16,000 square feet and Budget King Meat Market
occupies an approximately 4,200 square foot building. The applicant has requested to upgrade to
the ABC license to attract more customers and increase business by expanding their services.
The proposal will provide a service and convenience to residences and visitors in the area. The
Type 21 license will allow Budget King Meat Market to sell liquor in addition to beer and wine.
No building modifications are proposed as a part of this project. The hours of operation are from
Monday thru Sunday, 9:00 am to 8:00 pm, seven days per week.
SETTING/SITE CHARACTERISTICS
The .36 acres site is rectangular in shape. Surrounding the property to the north adjacent to the
site is a vacant lot in the CG-2, Commercial General district. To the south across Baseline Street
is commercial activity in the CG-2 district. To the east across Davidson Street and west adjacent
to the site are vacant lots in the CG-2, Commercial General, land use district.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
The approval of the Conditional Use Pennit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act in that the project was found to be
exempt from CEQA per S 15301 for an existing facility. CEQA allows for the exemption of
projects in existing facilities where no major change are proposed.
BACKGROUND
The Development Review Committee first heard this project on March 28, 2002 and at that time
the project was moved to Planning Commission for consideration. The Police Department has
expressed no objection to the Type 21 license proposal. Based on the Police's investigation, the
applicant has no history of violation with their existing ABC license. Their written reports and
findings recommend approval of CUP No. 02-04, on the condition that the applicant obtain all
other necessary pennits (Attachment C).
The applicant is in negotiation to purchase the Type 21 License from the existing business owner
located within the same Census Tract 0047. This purchase will be a transfer of ownership. This
transaction will not increase the total number of the existing licenses that are already in this
Tract. Census Tract 0047 only allows five licenses and presently, there are six existing off-sale
liquor licenses. Since this is a transfer of ownership and within the same tract, if approved, this
license would still be the sixth license.
One letter was received regarding this project and is included as Attachment E.
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San Bernardino Police Department
Interoffice Memorandum
-.: : j \V7 r:~ /'"""'0 \
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To:
ARON LIANG, ASSOCIATE
From:
CSO II M. SOTO /:
PLANNER
',11 L
:7"
_, ~ 1
Subject: CONDITIONAL USE PERMIT NO. 02-04, BUDGET KING MEAT
MARKET, 1150 W. BASELINE STREET
Date: APRIL 9, 2002
Copies:
PROBLEM:
On 3-28-02, I received an e-mail from Associate Planner, Aron Liang, asking for
comments regarding 1150 W. Baseline Street. Applicant, Kofrani Numan, made
an application for a Conditional Use Permit. The applicant is applying for an
upgrade of an ABC License type 20, off-sale beer/wine to an ABC License type
21, off-sale general.
RECOMMENDATIONS:
Approval for the Conditional Use Permit is recommended as long as the
applicant obtains all necessary permits.
FINDINGS:
The business is located at 1150 W. Baseline Street. The business is a meat
market.
There are three employees. The on-site manager is Fred Kafranh. The business
is open seven days a week from 9:00 a.m. to 9:00 p.m. There are no video
game machines.
The business is located in reporting district SC1310. There are 55 part I crimes
and 111 part II arrests in the reporting district. The business is located in Census
Tract 47. Three are six existing off-sale ABC licenses in this Census Tract.
There are five off-sale ABC licenses allowed in this Census Tract.
1HE SBPO IS COMMITIED TO PROVIDING,
PROGRESSIVE QUAlIfY POUCE SERVICE;
A SAFE ENVIRONMENTTO IMPROVE 1HE QUALITY OF UFE;
A REDUCTION IN CRIME lHROUGHPROBLEM RECOGNl110N AND PROBLEM SOLVING
il
Page 2
I sent an e-mail to Area Commander Lt. D. Soderbloom asking for his input.
Area Commander Sgt. R. Garcia responded by stating they approve. (Refer to
attached e-mail.)
ATTACHMENTS: I.
2.
Police concerns
E-mail for Sgt. RC Garcia
I I
CONDITIONAL USE PERMIT
POLICE CONCERNS
Location: 1150 W. Baseline St.
Conditional Use Permit
No. 02-04
Reporting District S1310
(Stats for 2001)
Part I Crimes: 55
Persons: 18 Property: 37
Part II Arrests: 111
Alcohol related arrests: 9
Census Tract: 47
Existing off Sale ABC licenses: 6
Allowed off Sale ABC licenses: 5
GENERAL VICINITY:
Distance to nearest:
School:
Mt. Vernon Elementary School
1271 W. 10th St.
.5mi.
Church:
Iglesia De Dios Church
1207 W. Baseline St.
.1 mi.
Park:
La Plaza Park
7th/Mt. Vernon Ave.
.8mi.
ABC On Sale Premises:
Mitlas Cafe
602 N. Mt. Vernon Ave.
.9mi.
ABC Off Sale Premises:
Bourbon St. Liquor
1127 W. Baseline St.
.Imi.
Distance of parking lot to residence:
1232 Davidson
Prop/Prop
I I
Soto_Ma
From:
Sent:
To:
Subject:
Garcia Roc
Friday,-February 15, 2002 9:43 AM
Soto Ma
abc Ucense
Lt. Soderbloom asked me to follow up on this location regarding the ABC Licnesing. 1150 W. Baseline. We have pulled
info from crime analysis and do not object to the approval of this. RC Garcia
1
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A~T 'r')
Executive Board
Robert Hamoton-President. Linda O'Neal-Vice President, Alice Williams-SeCrelary, Marvin JOhnSOn~?f~...: ~ DWrn [ill
NORTHWEST REDEVELOPMENT PROJECT \. I 1 2002
AREA COMMITTEE
1505 West Highland Avenue Suite #14
San Bernardino, California 92411
Office (909) 880-3250 Fax (909) 880-1974 E-MAIL,
'AN BERNARDINO
"MENT SERVICES
. : "ARTMENT
April 9, 2002
The City of San Bernardino Planning Commission
The 21 Members of The Redevelopment Northwest Project Area Committee
voted unanimously to recommend that The City Planning Commission seriously
consider Conditional Use Permit No. 02-04. The proposal to approve a Type 21
License at the Budget King Market could create a negative affect in the
community.
The NWP AC has been lead to believe that this license is only a transfer from a
Location a cross the street, if so this may be acceptable. However, if the license a
cross the street is to be sold to a new operator, and a new license issued to Budget
King, Committee Members find this unacceptable.
The NWPAC expresses it concern that there are already too many Type 21
Liquor Licenses in the 6th Ward and The Northwest Project Area, These Stores
may lead to a negative influence regarding safety, and the quality of life for our
citizens,
/~ /~f'
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President
Northwest Redevelopment PAC
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~f?~~~~
ll31 W. l3a~tz/inlZ tlvrz.
~an I3rzmardino, C'f/ 92411
TlZllZphonlZ (909) 885-blWe e-mail: ~ObOffielZl@'f/ol.eom
o
21 Mag 2002
To: Clfg Of ~an 13lZmardino
From: 0. *nnlZfh WIZI/$, ~r., pa$for
~pirif Of boVIZ Chri$fian Chareh
Rrz: parcha$inS proplZrfg bocatlZd at: ll21 W{Z$f !3a$lZlinlZ ~trlZlZt
The Spirit Of Love Christian Church is currently in the process of purchasing the
property located at 1127 West Baseline, which is currently owned by Mr. Fayez
Hussein. We have a written contractual agreement with Mr. Hussein to purchase his
liquor store for the sole purpose of expanding our church sanctuary which will keep in-
line with our growing community based congregation.
If you have any further questions regarding this property, please contact the church
office at (909) 885-LOVE and speak to either myself; Pastor Wells or our Office
Administrator, Rhonda Mc Iver-Jackson.
aif--P~
O. Kenneth Wells, Sr., Pastor
I I
'=Ex*~\T .D
City of Sail Bmrardillo
Devdoyment services
Deyartmcllt
Application for Appeal
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director;
o Development/Environmental Review Committee; or
~ Planning Commission
Case number(s):
Project address: r I J. r d: II So
W. ;3~c..."1"'\c..
Appellant's name: j-c......,C'1- 11v:'~ C<I"'
Appellant's address: c.;:; Sk,~i-,.~ n (\
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Appellant's phone: SOC1' '3::::.'-\ ~ '-'.3<., .,
Contact person's name: ~ e hE' f'I ('>.., Me... de) ro..;'
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Contact person's address: (()u t--.l /\rrn. :i...c., ~ I ~u ~
Contact person's phone: C(O", '~~'-l- ~~C. .,
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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: -G /4 ~ -..-.....-
Received by: ~ ~
51\/01
I I
CITY OF SAN BERNARDINO
APPEAL FORM
Office Use Onlv
Copies Distributed To:
o City Attorney 0 City Administrator
Date:
Dateffime Stamp:
IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of
Building Commissioners (BBC) and Animal Control Commission must be filed in the City
Clerk's Office.
COMfLETE ALLITEMS'BJj;LQW:
ADDellant
Address:
Fayez Hussein and Numan Kofrani
represented by counsel
Name:
Contact Person
Name:
StephenA. Madoni, SBN 170652
/ Skousen & Skousen
Day Phone:
600 North Arrowhead Avenue, Suite 212, Post Office Box 1270
8.... B"'J:llaJ:dl11u, California 92402-1210
(909) 884-4867 Fax: (909) 383-8'>82
Address:
Evening Phone:
N/A
E-mail:
Affected Property Address:
Assessor's Parcel Number (APN #):
1127 & 1150 West Baseline, San Bernardino 92411
Whose Decision Are You Appealing: Planning COllllllissioners
Date of that Decision: May 22, 2002
';~:rvPEOFA.PPEAt ~CHECKONE:;' .
. . ... .-... .- .... ..... .. .. .. .. .. ..,~. .... ....... ...... .. -.-..;-...... -" .. ...... .'.. ..
DBoard of Building Commissioners - $75.00
DMayor and Common Council - $75.00*
~Planning Commission - Fee Adjusted Annually
DAnimal Control Commission - No Charge
DPolice Commission - No Charge
DOther: - No Charge
'Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission.
City of San Bernardino - City Clerk's Office - 300 N. "D" Street - San Bernardino, CA 92418 - (909) 384-5002
I I
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2 The g ro und s for appe al
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4 Any additio nal information
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Sil!l111ture f Anoellapt V t, """\. I ",. Date . June 3. 20 0 2
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Attachment To City Of San Bernardino APPeal Form
1. The Action APpealed.
Appellant requested to change an Alcoholic Beverage Control
License (ABC) Type 20 (off-sale bear and wine) to a Type 21 (off-
sale general liquor license at its 4200 square foot Budget King
Market facility. The 4200 square foot facility is located at
1150 W. Baseline Street in the CG-2, commercial general land use
district.
Currently, the Type 21 license is held by Mr. Fayez Hussein.
Mr. Hussein operates a liquor store at 1127 West Baseline Street.
Mr. Hussein is closing his liquor store and selling the property
to the Spirit Of Love Christian Church, located at 1137 West
Baseline Street. The church intends to use the liquor store to
expand its church sanctuary. Please see Exhibit A.
Mr. Hussein has received approval
Type 21 license to Budget King Market.
sell his liquor store to the church so
its church sanctuary.
from ABC to transfer his
Mr. Hussein has agreed to
that the church can expand
However, on May 22, 2002, the Planning Commission rejected
the request to transfer the license from Mr. Hussien to Budget
Market King. The Planning Commission failed to offer any
explanation for its denial. Please see Exhibit B.
2. The Grounds For APoeal.
The Planning Commission's refusal to allow the transfer of
Mr. Hussien's license to Budget King will prevents Mr. Hussien
from closing his liquor store. However, if Mr. Hussien is
allowed to transfer his liquor license, he can close his liquor
store and sell the store to the church. The benefit of this sale
to the church is that one liquor store will be closed permanently
and a church will be allowed to expand its worship center - a
fair trade for the City of San Bernardino.
Moreover, the Planning Commission's refusal to allow the
transfer of the liquor license is improper for the following
reasons:
a. The Planning Commission's refusal to allow
the transfer of the liquor license
constitutes a prohibited taking by
governmental authorities without due process;
and
b. The Planning Commission's refusal to allow
I I
the transfer of the liquor license
constitutes an abuse of discretion on the
part of the Planning Commission.
3. The Action Souaht.
Appellant requests that the Board reverses the Planning
Commission's denial of Appellant's application.
4. Anv Additional Information.
Appellant may be contacted through its designated
representative:
Stephen A. Madoni
Skousen & Skousen
A Professional Corporation
Post Office Box 1270
600 North Arrowhead Avenue, Suite 212
San Bernardino, California 92402-1270
Telephone: (909) 884-4867
I I
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ll3T W. !3asrz!inrz rrll{Z.
~an !3{Z171ardino, err 924ll
Trz!rzphonrz (909) 8EJ5-bOrle e-mail: ~ObOllierz7@rrol.eom
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27 Mag 2002
To: Cltg 01 JiM !3rzmardino
From: 0. I(jznnrzth WrzIlIJ, Jir., paIJtor
Jipirit 01 bollrz GhriIJtiM Ghareh
Rrz: parehaIJing Proprzrfg boeatrzd at: ll2T W{Zl!t !3aIJrzlinrz Jitrrzrzt
The Spirit Of Love ChriStian Church is currently in the process of purchasing the
property located at 1127 West Baseline, which is currently owned by Mr. Fayez
Hussein. We have a written contractual agreement with Mr. Hussein to purchase his
liquor store for the sole purpose of expanding our church sanctuary which will keep in-
line with our growing community based congregation
If you have any further questions regarding this property, please contact the church
office at (909) 885-LOVE and speak to either myself, Pastor Wells or our Office
Administrator, Rhonda Mc Iver-Jackson.
a/f--P~
O. Kenneth Wells, Sr., Pastor
I I
EXHIBIT E
FINDINGS OF FACT
1. 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 the Development Code?
No, pursuant to Development Code Section 19.06.030 (2)(B)(I), "establishments subject
to an off-site "ABC" license shall not be located within 100 feet of any property
designated for residential use." Based on the site map, the project site is only 45.5 feet
south of an RS, Residential Suburban, land use district (Attachment B-2)
The existing market is nonconforming in that it was established prior to adoption of the
Development Code and it does not meet the locational criteria. The proposal to upgrade
the ABC license does not comply with Section 19.62.030(5) of the Development Code.
This section does not allow the expansion or change of any nonconforming use.
Even though that the Police Department has already conducted the crime analysis on this
matter, the proposal would impair the integrity and character of the area in that it would
violate the locational distance criteria as required by the Code.
The proposed project does not comply with all applicable provisions of the Development
Code.
2. The proposed use is consistent with the General Plan.
Yes, the proposed use is consistent with General Plan Policy 1.6.2. that controls the
location and number of alcohol sales, based on proximity to residences, in accordance
with legislative and legal requirements because this market already has an ABC license
for beer and wine sales and it will not result in another location for alcohol sales.
3. The approval of the Conditional Use Permit for the proposed use is in compliance
with the requirements of the California Environmental Quality Act.
Yes, the approval of the Conditional Use Permit for the proposed use is in compliance
with the requirements of the California Environmental Quality Act, in that the project
was found to be exempt from CEQA, Section 15301, Class 1. CEQA allows for the
exempt of projects in existing facilities where no major changes are proposed.
4. There will be no potential significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and monitored.
No, this project is exempt from CEQA per Section 15301, Class 1.
I I
5. 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 and 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 the public interest, health, safety,
convenience, or welfare of the City.
No, as described in Finding No.1, the project site is 45.5 feet away from an RS,
Residential Suburban, land use district. The locational distance criteria were
established to provide compatibility between land uses. The proposal would not
operate in a manner consistent with Development Code Section
19.06030(2)(B)(1). It is anticipated that the upgrade of an ABC license will
create conditions that may be detrimental to public health. This is because the
upgrade to full liquor sales will intensify the proposed use in this area. The
proposed project does not comply with all applicable provisions ofthe
Development Code.
Additionally, pursuant to Development Code Section 19.06030(2)(B)(2), the
applicant would be exempt from the locational distance criteria ifthe transfer of
the license is within 75 feet. The applicant is buying the Type 21 License from a
site located at 1127 West Baseline Street. The distance from 1127 to 1150 West
Baseline Street is approximately 534 feet.
Also, since the project site is located in a census tract that is over concentrated,
approval of the license would require a finding of Public Convenience or
Necessity through the Mayor and Common Council.
6. The subject site is physically suitable for the type and density/intensity of use being
proposed.
Yes, the proposed project is an existing grocery store. There are no physical
characteristics or constraints applicable to the site that would prevent the proposed use on
the site. The grocery store was first occupied in 1957.
7. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental to
public health and safety.
Yes, public access, water, sanitation and other public services were established with
development of the existing grocery store. This proposal does not affect these services.
i I
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
~
July 3, 2002
Mr. Stephen A. Madoni
600 N. Arrowhead Avenue, Ste. 212
San Bernardino, CA 92402
Dear Mr. Madoni:
At the meeting of the Mayor and Common Council held on July 1, 2002, the following action
was taken relative to the public hearing on the appeal of the Planning Commission's denial of
Conditional Use Permit No. 02-04, to upgrade an Alcoholic Beverage Control Type 20 (off-
sale beer and wine) liquor license to a Type 21 (on-sale general) liquor license at Budget King
Meat Market, 1150 W. Baseline Street, in the CG-2, Commercial General, land use district:
That the hearing be closed; and that the Mayor and Common Council deny the
appeal and uphold the Planning Commission's denial of Conditional Use Permit
No. 02-04, based upon the Findings of Fact.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
!6e-l.{ufjj .ePa.JJ
h411.L--
Rachel G. Clark, CMC O'
City Clerk
RGC:lls
cc: Development Services
Numan Kofrani, 1150 W. Baseline Street, San Bernardino, CA 92411
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity. Honesty
i I
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Subject: Appeal of Planning Commission denial of
Conditional Use Permit No. 02-04, to upgrade an
ABC Type 20 to a Type 21 liquor license for Budget
King Meat Market located at 1150 West Baseline
Street.
Date:
June 10, 2002
MCC Date: July 1, 2002
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of .
Conditional Use Permit No. 02-04, based upon Sections 19.06.030(2)(B)(1), and 19.62.030(5), of the
Development Code for Budget King Meat Market store located at 1150 West Baseline Street.
fJJwj;U.~ ~JF
James G unk
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 6
FUNDING REQUIREMENTS: Amount: N/ A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. :2 q
7/I/IJ:r
I I
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL
USE PERMIT No. 02-04
Mayor and Common Council Meeting of July I, 2002
Owner/Applicant:
Numan Kofrani
1150 West Baseline Street
San Bernardino, CA 92411
(909) 889-5951
REQUEST:
Appellant:
Stephen A. Madoni
600 North Arrowhead Avenue, Suite 212
San Bernardino, CA 92402
(909) 383-8582
The appellant is appealing the Planning Commission denial of Conditional Use Permit No. 02-
04, to upgrade an ABC Type 20 (off-sale beer & wine) to a Type 21 (on-sale general) liquor
license at the 4,200 square foot Budget King Meat Market located at 1150 West Baseline Street
in the CG-2, Commercial General, land use district (Exhibit A).
BACKGROUND
At its meeting on May 7, 2002, the Planning Commission voted unanimously to continue CUP
No. 02-04 to May 21, 2002, to allow time for staff to prepare findings offact and to bring
recommended motions for both approval and denial of this proposal. Commissioners Durr,
Lockett, Morris, Sauerbrun, Thrasher voted in favor of the motion and Commissioners Coute,
Enciso, Ramirez and Welch were absent.
The applicant spoke in favor of upgrading the ABC license and stated that the purchase of this
license is from a surrounding business location that will be closed down permanently.
Refer to the Planning Commission Staff Report, Exhibit B for additional discussion.
At its continued hearing on May 21, 2002, Deputy City Attorney Henry Empefio advised the
Planning Commission tllat pursuant to Sections 19.06.030(2)(B)(1), (Iocational criteria), and
19.62.030(5), (expansion oflegal non-conforming), of the Development Code, no findings offact
and conditions of approval could be adopted to support this application. Based on these sections,
the Planning Commission had no discretion to approve this proposal. As a result, the Planning
Commission voted unanimously to deny CUP No. 02-04, to upgrade the ABC Type 20 to a Type
21 liquor license. Commissioners Coute, Durr, Enciso, Lockett, Morris, Sauerbrun and Thrasher
voted in favor to deny the motion. Commissioner Welch was absent.
1.+---..
AP No. 02-04
1150 West Baseline Street
Hearing Date July/OJ /02
Page 2
The applicant was given the opportunity to speak in support of this proposal once again and
submitted a letter to the Planning Commission from the business owner who was selling the
ABC license to the Applicant for consideration (Exhibit C). The applicant also stated that he was
aware of the reasons and the Ordinances applicable to this denial.
On June 4, 2002, the appellant filed an appeal to the Mayor and Common Council. The appellant
is asking that the Mayor and Common Council overturn the decision of the Planning
Commission and approve the ABC upgrade.
The appellant's grounds for the appeal are that the Planning Commission's refusal to allow the
transfer of the liquor license constitutes: I) a prohibited taking by governmental authorities
without due process and 2) an abuse of discretion on the part of the Planning Commission. The
details of the appeal are in Exhibit D.
CONCLUSION
Based on Sections 19.06.030(2)(B)(I), and 19.62.030(5) of the Development Code, staff found
no supporting facts and data to support the appellant grounds for appeal.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the
Planning Commission's denial of Conditional Use Permit No. 02-04, based upon Sections
19.06.030(2)(B)(l), and 19.62.030(5), of the Development Code.
Respectfully Submitted,
James Funk
Director of Development Services
Aron Liang
Associate Planner
EXHIBITS:
A Location Map
B. Planning Commission Staff Report
C. Applicant Letter to the Planning Commission
D. Application for Appeal
I I
; -B",
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 02-04
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 5/7/02
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SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No.02-04
3
May 7, 2002
6
OWNER! APPLICANT:
Numan Kofrani
1150 West Baseline Street
San Bernardino, CA 92411
909-889-5951
REQUEST/LOCATION:
A request for approval of a Conditional Use Pernlit to upgrade an Alcoholic Beverage Control
(ABC) Type 20 (off-sale beer & wine) to a Type 21 (off-sale general) license at an existing
Budget King Meat Market located at 1150 West Baseline Street in the CG-2, Commercial
General, land use district.
CONSTRAINTS/OVERLAYS:
None
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Exempt from CEQA, Section 15301 - Existing Facilities
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
o Approval
o Conditions
Ii::! Denial
o Continuance to:
i I
~onditiona/ Use Permit No. 02-04
Meeting Date: May 7, 2002
Page 2
REQUEST AND LOCATION
A request for approval of a Conditional Use Permit under the authority of Development Code
Section 19.06.030 (2)(B), to upgrade a Type 20 (off-sale beer & wine) to a Type 21 (off-sale
general) license at an existing Budget King Meat Market located at 1150 West Baseline Street in
the CG-2, Commercial General, land use district.
The project site consists of approximately 16,000 square feet and Budget King Meat Market
occupies an approximately 4,200 square foot building. The applicant has requested to upgrade to
the ABC license to attract more customers and increase business by expanding their services,
The proposal will provide a service and convenience to residences and visitors in the area, The
Type 21 license will allow Budget King Meat Market to sell liquor in addition to beer and wine.
No building modifications are proposed as a part of this project. The hours of operation are from
Monday thm Sunday, 9:00 am to 8:00 pm, seven days per week.
SETTING/SITE CHARACTERISTICS
The .36 acres site is rectangular in shape. Surrounding the property to the north adjacent to the
site is a vacant lot in the CG-2, Commercial General district. To the south across Baseline Street
is commercial activity in the CG-2 district. To the east across Davidson Street and west adjacent
to the site are vacant lots in the CG-2, Commercial General, land use district.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act in that the project was found to be
exempt from CEQA per S 15301 for an existing facility. CEQA allows for the exemption of
projects in existing facilities where no major change are proposed.
BACKGROUND
The Development Review Committee first heard this project on March 28, 2002 and at that time
the project was moved to Planning Commission for consideration. The Police Department has
expressed no objection to the Type 21 license proposal. Based on the Police's investigation, the
applicant has no history of violation with their existing ABC license. Their written reports and
findings recommend approval of CUP No. 02-04, on the condition that the applicant obtain all
other necessary permits (Attachment C).
The applicant is in negotiation to purchase the Type 21 License from the existing business owner
located within the same Census Tract 0047. This purchase will be a transfer of ownership. This
transaction will not increase the total number of the existing licenses that are already in this
Tract. Census Tract 0047 only allows five licenses and presently, there are six existing off-sale
liquor licenses. Since this is a transfer of ownership and within the same tract, if approved, this
license would still be the sixth license.
One letter was received regarding this project and is included as Attachment E.
I I
"onditiona! Use Permit No. 02-04
Meeting Date: May 7. 2002
Page 3
FINDINGS AND ANALYSIS
I. 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 the Development Code?
No, pursuant to Development Code Section 19.06.030 (2)(B)(l), "establishments subject
to an off-site "ABC" license shall not be located within 100 feet of any property
designated for residential use." Based on the site map, the project site is only 45.5 feet
south of an RS, Residential Suburban, land use district (Attachment B-2)
Even though that the Police Department has already conducted the crime analysis on this
matter, the proposal would impair the integrity and character of the area in that it would
violate the locational distance criteria as required by the Code. The proposed project does
not comply with all applicable provisions of the Development Code.
2. The proposed use is consistent with the General Plan.
Yes, the proposed use is consistent with General Plan Policy 1.6.2. that controls the
location and number of alcohol sales, based on proximity to residences, in accordance
with legislative and legal requirements because this market already has an ABC license
for beer and wine sales and it will not result in another location for alcohol sales.
3. The approval of the Conditional Use Permit for the proposed use is in compliance
with the requirements of the California Environmental Quality Act.
Yes, the approval of the Conditional Use Permit for the proposed use is in compliance
with the requirements of the California Environmental Quality Act, in that the project
was found to be exempt from CEQA, Section 15301, Class 1. CEQA allows for the
exempt of projects in existing facilities where no major changes are proposed.
4. There will be no potential significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and monitored.
No, this project is exempt from CEQA per Section 15301, Class 1.
5. The location, size, design, and operating characteristics of the proposed use are
compatible with the existing andfitlure land uses within the general area in which
the proposed use is to be located and 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 the public interest, health, safety,
convenience, or welfare of the City.
I I
~onditional Use Permit No. 02-04
Meeting Date: May 7, 2002
Page 4
No, as described in Finding No.1, the project site is 45.5 feet away from an RS,
Residential Suburban, land use district. The locational distance criteria were
established to provide compatibility between land uses. The proposal would not
operate in a manner consistent with Development Code Section
19.06030(2)(B)(l). It is anticipated that the upgrade of an ABC license will
create conditions that may be detrimental to public health. This is because the
upgrade to full liquor sales will intensify the proposed use in this area. The
proposed project does not comply with all applicable provisions of the
Development Code.
Additionally, pursuant to Development Code Section 19.06030(2)(B)(2), the
applicant would be exempt from the locational distance criteria if the transfer of
the license is within 75 feet. The applicant is buying the Type 21 License from a
site located at 1127 West Baseline Street. The distance from 1127 to 1150 West
Baseline Street is approximately 534 feet.
Also, since the project site is located in a census tract that is over concentrated,
approval of the license would require a finding of Public Convenience or
Necessity through the Mayor and Common Council.
6. The subject site is physically suitable for the type and density/intensity of use being
proposed.
Yes, the proposed project is an eXlstmg grocery store. There are no physical
characteristics or constraints applicable to the site that would prevent the proposed use on
the site. The grocery store was first occupied in 1957.
7. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental to
public health and safety.
Yes, public access, water, sanitation and other public services were established with
development of the existing grocery store. This proposal does not affect these services.
CONCLUSION
The proposal does not meet all necessary Findings of Fact for approval of the Conditional Use
Permit.
RECOMMENDATION
Staffrecommends that the Planning Commission deny Conditional Use Permit No. 02-04 based
upon the Findings of Fact contained in this Staff Report.
I I
':onditional Use Permit No. 02-04
Meeting Date: May 7, 2002
Page 5
Respectfully Submitted,
~~~
James G. Funk
Director of Development Services
;./;.....,~
.._lyV'
Aron Liang
Associate Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan
Police Department Memorandum and Conditions
Letter from the Northwest Redevelopment Project Area Committee
I I
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 02-04
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 5/7/02
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San Bernardino Police Department
Interoffice Memorandum
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";,;r.:s
From:
ARON LIANG, ASSOCIATE PLANNER
'1/L
;1"
,,-..'.;';;";1
To:
CSO II M. SOTO
Subject: CONDITIONAL USE PERMIT NO. 02-04, BUDGET KING MEAT
MARKET, 1150 W. BASELINE STREET
Date: APRIL 9, 2002
Copies:
PROBLEM:
On 3-28-02, I received an e-mail from Associate Planner, Aron Liang, asking for
comments regarding 1150 W. Baseline Street. Applicant, Kofrani Numan, made
an application for a Conditional Use Permit. The applicant is applying for an
upgrade of an ABC License type 20, off-sale beer/wine to an ABC License type
21, off-sale general.
RECOMMENDATIONS:
Approval for the Conditional Use Permit is recommended as long as the
applicant obtains all necessary permits.
FINDINGS:
The business is located at 1150 W. Baseline Street. The business is a meat
market.
There are three employees. The on-site manager is Fred Kafranh. The business
is open seven days a week from 9:00 a.m. to 9:00 p.m. There are no video
game machines.
The business is located in reporting district SC1310. There are 55 part I crimes
and 111 part \I arrests in the reporting district. The business is located in Census
Tract 47. Three are six existing off-sale ABC licenses in this Census Tract.
There are five off-sale ABC licenses allowed in this Census Tract.
THE SBPD IS COMMIITED TO PROVIDING,
PROGRESSIVE QUAliTY POLlCE SERVICE;
A SAFE ENVIRONMENTTO IMPROVE THE QUAliTYOF LIFE;
AREDUCI10N IN CRIME TIlROUGH PROBLEMRECOGNITlON AND PROBLEM SOLVING
I I
Page 2
I sent an e-mail to Area Commander Lt. D. Soderbloom asking for his input.
Area Commander Sgt. R. Garcia responded by stating they approve. (Refer to
attached e-mail.)
ATTACHMENTS: I.
2.
Police concerns
E-mail for Sgt. RC Garcia
I I
CONDITIONAL USE PERMIT
POLICE CONCERNS
Location: 1150 W. Baseline St.
Conditional Use Permit
No. 02-04
Reporting District S1310
(Stats for 2001)
Part I Crimes: 55
Persons: 18 Property: 37
Part II Arrests: 111
Alcohol related arrests: 9
Census Tract: 47
Existing off Sale ABC licenses: 6
Allowed off Sale ABC licenses: 5
GENERAL VICINITY:
Distance to nearest:
School:
Mt. Vernon Elementary School
1271 W. 10th St.
.5mi.
Church:
Iglesia De Dios Church
1207 W. Baseline St.
.1 mi.
Park:
La Plaza Park
7th/Mt. Vernon Ave.
.8mi.
ABC On Sale Premises:
Mitlas Cafe
602 N. Mt. Vernon Ave.
.9mi.
ABC Off Sale Premises:
Bourbon St. Liquor
1127 W. Baseline St.
.Imi.
Distance of parking lot to residence:
1232 Davidson
Prop/Prop
I I
Soto_Ma
From:
Sent:
To:
Subject:
Garcia Roc
Friday,-February 15, 2002 9:43 AM
Soto Ma
abc Ucense
Lt. Soderbloom asked me to follow up on this location regarding the ABC Licnesing. 1150 W. Baseline. We have pulled
info from crime analysis and do not object to the approval of this. RC Garcia
1
I I
A~T 'r"")
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Executi ve Board
Robert Hamoton-President. Linda O'Neal-Vice President. Alice Williams-Secrelarv. Marvin JOhnSO,n.',1i of, f~P::l [g DW~ @
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NORTHWEST REDEVELOPMENT PROJECt . 'lF~: I 1 2002
AREA COMMITTEE
1505 West Highland Avenue Suite #14
San Bernardino, California 92411
Office (909) 880-3250 Fax (909) 880-1974 E-MAIL tl~YmE~lgt",l<:l
Y '''AN BERNARDINO
"c'/cLOFMENT SERVICES
Grf'ARTMENT
April 9, 2002
The City of San Bernardino Planning Commission
The 21 Members of The Redevelopment Northwest Project Area Committee
voted unanimously to recommend that The City Planning Commission seriously
consider Conditional Use Permit No. 02-04. The proposal to approve a Type 21
License at the Budget King Market could create a negative affect in the
community.
The NWP AC has been lead to believe that this license is only a transfer from a
Location a cross the street, if so this may be acceptable. However, if the license a
cross the street is to be sold to a new operator, and a new license issued to Budget
King, Committee Members find this unacceptable.
The NWPAC expresses it concern that there are already too many Type 21
Liquor Licenses in the 6th Ward and The Northwest Project Area. These Stores
may lead to a negative influence regarding safety, and the quality of life for our
citizens.
~ /' ," .-;,'
1&ert~~~
President
Northwest Redevelopment PAC
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E><+t',~\T C.
~ tf}"~ ~~ ~
1137 W. !3as!idin/Z '{1tl{Z.
~an !3tzmardino, C'{1924fl
Trz//Zphon/Z (g09) gg5-bO[le e-mail: ~ObCJffk::/Z1@'{101.eom
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21 Maq 2002
To: Cltq Of ~an !3/Zrnardino
From: o. /(Jznn/Zth W/Z/!$, ~r., pa$tor
~pirit Of botl/Z GhristitJn Ghareh
R!Z: Parcha$ing Prop/Zrtq bocat/Zd at: fl27 WfZ$t 13a$/Zlin/Z ~tr{Z/Zt
The Spirit Of Love Christian Church is currently in the process of purchasing the
property located at 1127 West Baseline, which is currently owned by Mr. Fayez
Hussein. We have a written contractual agreement with Mr. Hussein to purchase his
liquor store for the sole purpose of expanding our church sanctuary which will keep in-
line with our growing community based congregation.
If you have any further questions regarding this property, please contact the church
office at (909) 885-LOVE and speak to either myself, Pastor Wells or our Office
Administrator, Rhonda Mc Iver-Jackson.
a?p~
O. Kenneth Wells, Sr., Pastor
I I
":Ex.*~B\T
..I:
.D
City of San Bemardiflo
Develoyment services
DeyartlllCllt
Application for Appeal
/'
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director;
o DevelopmentlEnvironmental Review Committee; or
Ij!J Planning Commission
Case number( s):
Project address:-I I J. 'l Ii: l [ So
w . ;3~ c..I \f"'Ie.
Appellant's name: 1-c...'1c<... 1-1\.15.':><:",('\
Appellant's address: c./;:' 5keh~ n A.
Appellant's phone: 90"\' ~~'-\ ~ I..\.~<.. 'I
~rhU"'l A, tv\",.cbf"'l.'..
Contact person's address: (()U ~ I\rrn. ~o ,..1 { ~u. ~
Contact person's phone: 'it>", ~~~'-l' '4.~(o "'1
c ^ '" \'-Jv,."...=", \(().(('cn:
Mc..d.:),,: .S"kUdlf?1"I A: Sl"o...>Yr\ I (ont) l\.)
,
Arru....J ~c:J, 0\ 'i' d. '40)....
Contact person's name:
oA-tI-,
.l.IL ~
I
~bl 0-\ S.l.\.Il))...
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application fonn
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:
Received by:
-(,/4(0 ~
~ 0---9----
5/1/01
I I
-~
CITY OF SAN BERNARDINO
APPEAL FORM
Office Use Onlv
Copies Distributed To:
o City Attorney 0 City Administrator
Date:
Dateffime Stamp:
IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of
Building Commissioners (BBC) and Animal Control Commission must be filed in the City
Clerk's Office.
COMPLETE ALL ITEMS BELOW:
Appellant
Name:
Address:
Fayez Hussein and NuBIan Kofrani
represented by counsel
Contact Person
'Name:
Stephen A. Madoni, SBN 170652
/ Skousen & Skousen
Address:
600 North Arrowhead Avenue, Suite 212, Post Office Box 1270
8.... B"ul,u:dlIlO, California 92402-1110
(909) 884-4867 Fax: (909) 383-8582
Day Phone:
Evening Phone:
N/A
E-mail:
Affected Property Address:
Assessor's Parcel Number (APN #):
1127 & 1150 West Baseline, San Bernardino 92411
Whose Decision Are You Appealing: Planning COIIIIIIi.ssioners
Date of that Decision: May 22, 2002
TYPE OF APPEAL - CHECK ONE:
DBoard of Building Commissioners - $75.00
DMayor and Common Council - $75.00.
I]gPlanning Commission - Fee Adjusted Annually
DAnimal Control Commission - No Charge
DPolice Commission - No Charge
DOther: - No Charge
.Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission.
City of San Bernardino - City Clerk's Office - 300 N. "0" Slreet- San Bernardino, CA 92418 - (909) 384-5002
I I
.:
A VALID APPEAL:MUSTlNCt.UDEl'H~: FOLLOWING
'. INFORMATION (sBMc164):
1. The action appealed:
-I
...
.,
...
-
see attached
....
.-
~
-
-
2. The grounds for appeal:
see attached
3. The action(s) sought:
see attached
4. Any additional information:
see attached
Signature of Appellant:
c-
,~~vtdu,~ .
Date: June 3. 2002
'\ "
I I
Attachment To City Of San Bernardino Appeal Form
1. The Action Appealed.
Appellant requested to change an Alcoholic Beverage Control
License (ABC) Type 20 (off-sale bear and wine) to a Type 21 (off-
sale general liquor license at its 4200 square foot Budget King
Market facility. The 4200 square foot facility is located at
1150 W. Baseline Street in the CG-2, commercial general land use
district.
Currently, the Type 21 license is held by Mr. Fayez Hussein.
Mr. Hussein operates a liquor store at 1127 West Baseline Street.
Mr. Hussein is closing his liquor store and selling the property
to the Spirit Of Love Christian Church, located at 1137 West
Baseline Street. The church intends to use the liquor store to
expand its church sanctuary. Please see Exhibit A.
Mr. Hussein has received approval
Type 21 license to Budget King Market.
sell his liquor store to the church so
its church sanctuary.
from ABC to transfer his
Mr. Hussein has agreed to
that the church can expand
However, on May 22, 2002, the Planning Commission rejected
the request to transfer the license from Mr. Hussien to Budget
Market King. The Planning Commission failed to offer any
explanation for its denial. Please see Exhibit B.
2. The Grounds For Appeal.
The Planning Commission's refusal to allow the transfer of
Mr. Hussien's license to Budget King will prevents Mr. Hussien
from closing his liquor store. However, if Mr. Hussien is
allowed to transfer his liquor license, he can close his liquor
store and sell the store to the church. The benefit of this sale
to the church is that one liquor store will be closed permanently
and a church will be allowed to expand its worship center - a
fair trade for the City of San Bernardino.
Moreover, the Planning Commission's refusal to allow the
transfer of the liquor license is improper for the following
reasons:
a. The Planning Commission's refusal to allow
the transfer of the liquor license
constitutes a prohibited taking by
governmental authorities without due process;
and
b. The Planning Commission's refusal to allow
the transfer of the liquor license
constitutes an abuse of discretion on the
part of the Planning Commission.
3. The Action Souaht.
Appellant requests that the Board reverses the Planning
Commission's denial of Appellant's application.
4. Anv Additional Information.
Appellant may be contacted through its designated
representative:
Stephen A. Madoni
Skousen & Skousen
A Professional Corporation
Post Office Box 1270
600 North Arrowhead Avenue, Suite 212
San Bernardino, California 92402-1270
Telephone: (909) 884-4867
I I
~t?~ ~ ~
1157 W. 13as{dinrz 1Mz.
~tln 13rzmtlroino, Cf/92411
Trz/rzphonrz (909) 8s.;-bOfle emtli/: ~ObOjjierzl@f/o/.eom
o
21 Mtlg 2002
To: CJfg OJ ~tln Brzmtlrdino
From: O.lf;tnnrzfh Wrzl/$, ~r., ptl$for
~pirit OJ bovrz Ghri$fitJil Ghareh
f?rz: parehtl$ing proprzrtg boetlfrzd tlt: 1127 W{Z$t J3tl$rz/inrz ~trrzrzt
The Spirit Of Love ChriStian Church is currently in the process of purchasing the
property located at 1127 West Baseline, which is currently owned by Mr. Fayez
Hussein. We have a written contractual agreement with Mr. Hussein to purchase his
liquor store for the sole purpose of expanding our church sanctuary which will keep in-
line with our growing community based congregation.
If you have any further questious regarding this property, please contact the church
office at (909) 885-LOVE and speak to either myself, Pastor Wells or our Office
Administrator, Rhonda Mc Iver-Jackson.
a~~
O. Kenneth Wells, Sr., Pastor
I I
,.~
CITY OF SAN BERNARDINO
APPEAL FORM
Office Use Onlv
Copies Distributed To:
D City Attorney 0 City Administrator
Date:
Daterrime Stamp:
IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of
Building Commissioners (BBe) and Animal Control Commission must be filed in the City
Clerk's Office.
Appellant
NaqIe:
Address:
Fayez Hussein and-Numan Kofrani
represented by counsel
Contact Person
Name:
Stephen A. Madoni, SBN 170652
/ Skousen & Skousen
Day Phone:
Evening Phone:
600 North Arrowhead Avenue, Suite 212, Post Office Box 1270
San Benuirdino, California 92402-12/0
(909) 884-4867 Fax: (909) 383-8582
Address:
N/A
E-mail:
Affected Property Address:
Assessor's Parcel Number (APN #):
1127 & 1150 West Baseline, San Bernardino 92411
Whose Decision Are You Appealing: Planning Commissioners
Date of that Decision: May 22, 2002
DBoard of Building Commissioners - $75.00
DMayor and Common Council - $75.00*
QgPlanning Commission - Fee Adjusted Annually
DAnimal Control Commission - No Charge
DPolice Commission - No Charge
DOther: - No Charge
.Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission.
City of San Bernardino - City Clerk's Office - 300 N. "D" Street - San Bernardino, CA 92418 - (909) 384-5002
II
F....Il'1".ntl\IC Rn.nI
R"'- Haaontnn-Pruidmt. Lindo. O'Neal.Via PruItlM, Alice WiUiams.&c...,."... MJlrvin J........... n-....,.
NORTHWEST REDEVEWPMENT PROJECf
AREA COMMITTEE
1505 West High1and Avenue Suite #14
San Bernardino, Califumia 92411
Office (909) 880-32S0 Fax (909) 880-1974 E-MAIL DwnaCrmRtc.net
luly 1,2002
TO: Mayor and Common Council
RE: Appeal of Planning Commission Denial
Honorable Mayor and City Council;
The Redevelopment Northwest Project Committee is elected ~ residents,
plOperty and business owners within the project area, basically the 6 Ward. The
NWl> AC is charged with working in an advisory capacity with the MAyor and
Common Council.
In keeping with this responsibility, the NWPAC has voted unanamously 011
three separate occasions to oppose Conditional Use Permit No. O2-oS. This permit
would up-grade an existing Type 20 (off sale bee!' and wine) license at the Budget
King Market, 1247 W. Baseline Street, to a Type 21 (off sale general) Licenses,
The NWP AC, and a preponderance of 61lJ Ward voters, agree with the
Planning Commission's own staft"report asking for denial of this Conditional Use
Permit. This would reduce the Number of Type 21 Licenses from 6 back to the
authorized number of 5.
This area of Baseline St.. just East ofMt. Vernon, is a troubled part of this
project area, and known city wide for prostitution, drug 1l'Bfficldng, public
drunlrenncss and crime including murder.
The 21 elected members NWP AC see no justifation for overturning the
planning commissions denial of Conditional Use Permit No. 02-05...~.. ......
~ntorp,d into Recorda. ., It /02
Cc: Valerie Ross 1.1",,,,,dll:mvOevCms Mt,: I
Respectfully
n~
re 'Iti".,'la Item
J....'t
e~~~
~~
City Clerk/COC Secy ...J.r '7 ~
City of San Bernardino -tr '" I
/\7/rJ/h7/ Vl..IL
I '
San Bernardino Ice Cream Company. 1 184 West Baseline, San
Bernardino. Ca 92410.909-889-6630.
Entered into Record It i ~-~2.--- June 25, 2002.
C"""ciIlCmvOevCms MID: {I{C
City of San Bernardino
b~
re A,,""da Item ~ ,
~h.~
~ity Clerk/COC Sec,
City of San Bernardino
Developmental Services Department
300 North "D" Streets
San Bernardino CA 92418.
Opposition: To the proposal to upgrade ABC type 20 permit to type 21 for Budget King
Meat.
We at San Bernardino Ice cream company, hereby opposes the proposal of Budget King
Meat to upgrade its current Type 20 permit to Type 21 due to the following reasons: There are
already too many beer and wine sellers in the area of about one block perimeter. We have
witnessed people, notably gang members, and homeless people fighting in the block at nighttime
frequently. Along the same line, we have frequently witnessed intense arguments and a near
volatile situation between gang members in the periphery of these markets. We are very
concerned because there are over 70 ice cream trucks in the area, and we fear that! ~y given a
Type 21 license to budget king af!d it may lead to volatile confrontation between gang members,
homeless people and anyone with an altered state of mind. Even worst is the fear of being
ambushed or robbed by who would be a robber, ifhe or she is really desperate for money to feed
their alcohol need, and with a liquor store around the comer, we believe that it will simply be a
matter of time, or a ticking time bomb. We also believe that, giving a Type 21 permit to Budget
D1/01/0Y
-::f f, 1
I I
/
King Meat will also faster more dependency on alcohol by the residence, which may not be a
good example for the young children in the neighborhood block. We sincerely would like the
city to reject any liquor permit for Budget King Meat. Thanks you for cooperation's
/f} j..// n /" " 7 Y 0 9 Sincerely,
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