HomeMy WebLinkAbout39-Planning and Building
CITY OF SAN BERtORDINO -
REQUEST lOR COUNCIL ACTION
From:Al Boughey, Director
Appeal of Review of Plans No. 89-40
SU~Kt: Amendment to Conditions and Appeal
of Conditional Use Permit No. 91-22
Dept: Planning & Building services
Mayor and Common Council ~eeting
January 21, 1992
Da~: January 13, 1992
Synopsis of Previous Council action:
On December 2, 1991, the Mayor and Common Council continued the
appeal of the Planning Commission's denial of Review of Plans
No. 89-40 (Amendment to Conditions) and Conditional Use Permit
No. 91-22 for 30 days, so that a meeting of all interested
parties could be held.
On January 6, 1992, the Mayor and Common Council upheld the
appeal and approved Review of Plans No. 89-40 (Amendment to
Conditions) and Conditional Use Permit No. 91-22 in concept
refering the item back to staff to develop positive findings
and conditions of approval.
RKommended motion:
That the hearing be closed and that the Mayor and Council
uphold the appeal and approve Review of Plans No. 89-40
(Amendment to Conditions) and Conditional Use Permit No.
91-22 subject to the attached Findings of Fact (Exhibit A),
Conditions of Approval (Exhibit B), and Standard Requirements
(Exhibit C).
Al
Contact person: Al Boughey
Phone: 384-5357
Supporting data attached:
Memo
Ward:
3
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Council Notes:
7,,-.n.,f;?
Agenda Item No. 3q
CITY OF SAN BERNODINO - REQUEST FO COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Review of Plans No. 89-40
(Amendment to Conditions) and Appeal of
Conditional Use Permit No. 91-22
Backaround
On January 6, 1991, the Mayor and Common Council upheld the
app1icant~s appeal and approved Review of Plans No. 89-40
(Amendment to Conditions) and Conditional Use Permit No. 91-22 in
concept referring the matter back to staff to develop Conditions
of Approval and positive Findings of Fact. Staff was also directed
to limit the duration of the Conditional Use Permit to one year,
requiring the applicant to apply for a new Conditional Use Permit
upon expiration of Conditional Use Permit No. 91-22.
Recommended project Findings of Fact have been included as Exhibit
A. Recommended Conditions of Approval and Standard Requirements
have been included as Exhibits Band C. Other Conditions suggested
by the Police Department that the Mayor and Council may wish to
consider imposing, but that staff is not recommending, have been
included as Exhibit B-1.
Staff has some concern over limiting the duration of Conditional
Use Permit No. 91-22 to one year, and the imposition of the
requirement for a new Conditional Use Permit application after one
year. The concern is that a new Conditional Use Permit application
would be subject to the new Development Code. Pursuant to Code
Section 19.02.070(7), any applications filed and accepted as
complete after the effective date of the Development Code shall be
processed in compliance with the Development Code. A new
Conditional Use Permit application could not be approved since Code
Section 19.06.030(2) (B) prohibits sales of alcoholic beverages
wi thin 500 feet of any school, and the proposed business is
approximately 60 feet from the Rialto High School located across
Pepper Avenue. However, Review of Plans No. 91-22 (Amendment to
Conditions) and Conditional Use Permit No. 91-22 were both filed
and accepted as complete prior to the effective date of the
Development Code and are not subject to it. If it is the desire
of the Mayor and Council to approve Conditional Use Permit No. 91-
22, then staff recommends that it be approved with the Condition
that it be reviewed in a public hearing held by the Planning
Commission after one year of operation to determine whether or not
the. business be allowed to continue or the Conditional Use Permit
be revoked. Condition of Approval No. 7 contained in Exhibit B
provides this opportunity for public hearing and review of
Conditional Use Permit No. 91-22 after one year, by the Planning
Commission.
'5.0264
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Appeal 0= condit~' al Use Permit No. 91-22 0
& Review of Plan . 89-40 .
~ayor and Common ouncil Meeting, January 21, 1992
?aqe 2
Staff Recommendation
That the hearing be closed and that the Mayor and Council uphold
the appeal and approve Review of Plans No. 89-40 (Amendment to
Conditions) and Conditional Use Permit No. 91-22 subject to the
attached Findings of Fact (Exhibit A), Conditions of Approval
(Exhibit B), and Standard Requirements (Exhibit C).
Exhibits
A - Findings of Fact
B - Conditions of Approval
B1 - Conditions of Approval Suggested by the Police
Department, but not recommended by Planning
Staff
C - Standard Requirements
D - Police Department Memorandum
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CITY OF SAN BERNARDI~:O PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RO? 89-40/CUP 91-22
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FINDINGS OF FACT
AGENDA ITEM
HEARING DATE 1-21-92
PAGE 3
CONDITIONAL USE PERMIT FINDI~GS OF FACT
1. The proposed delicatessen/market with off-site sale of beer
and wine conforms to the objectives of the City's General
Plan, in that it is a permitted use in the CN, Commercial
Neighborhood, General Plan land use designation, subject to
the approval of a Conditional Use Permit.
2. The proposed use will not adversely affect the adjoining land
uses and the growth and development of the area in which it
is to be located in that operation of the facility will be
subject to project Conditions of Approval imposed to reduce
any adverse affects to an insignificant level.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in
a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfare, in that the multi-
tenant retail center located on the site was approved under
Review of Plans No. 89-40.
4. The traffic generated by the proposed use will not impose any
undue burden upon the streets and highways designed and
improved to carry the traffic in the area, in that the traffic
resulting from the cQmmercial development located on the site
was reviewed by the City Traffic Engineer under Review of
Plans No. 89-40. The parking provided is adequate in that it
satisfies Municipal Code Requirements.
5. The introduction of alcoholic beverage sales at the proposed
location will not pose any known significant impacts to the
surrounding land uses in that project Conditions of Approval
have been imposed to reduce potential impacts resulting from
alcohol sales to an insignificant level.
6. The introduction of alcoholic beverage sales at the proposed
location will not create an adverse impact on the surrounding
traffic pattern nor will parking congestion be generated in
that the traffic resulting from the commercial retail center
was reviewed by the City Traffic Engineer under Review of
Plans No. 89-40. The parking provided and circulation is
adequate, conforming to Municipal Code Requirements.
7. The proposed sale of alcoholic beverages will be within a
development which is consistent with the objectives of the
elements of the City'S General Plan, in that it is a permitted
use in the CN, Commercial Neighborhood, General Plan land use
designation, subject to the approval of a Conditional Use
Permit.
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PLAN.8.D6 PAGE 1 OF 1 !4-9O)
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CASE RP 89-40/CUP 91-22
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
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FINDINGS OF FACT
AGENDA ITEM
HEARING DATE l-~' ->l:l
PAGE .;
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9.
10.
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EXHIBIT A
CONDITIONAL USE PERMIT FINDINGS OF FACT (continued)
8.
The proposed use will not contribute to an undue concentration
of alcohol outlets in the area in that there are 7 off-sale
ABC Licenses permitted in the ABC census tract in which the
proposed use is to be located and only 5 existing off-sale ABC
Licenses.
There will be no detrimental effect on nearby residentially
zoned neighborhoods considering the distance of the alcohol
outlet to residential buildings, churches, schools, hospitals,
playgrounds, parks or other existing alcohol outlet in that
the nearest such sensitive use is the Rialto High School
located across the Pepper Avenue, 60 feet away and project
Conditions of Approval have been imposed to redu=e impacts to
the school to a level of non-significance.
Based upon the above given Findings, the granting of this
Conditional use permit could no be detrimental to the peace,
health, safety and general welfare of the citizens of the City
of San Bernardino, in that any adverse impacts resulting from
the proposal have been ~itigated through project Conditions
of Approval.
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PlAN-8.D6 PAGE 1 OF' {4-90)
C/T"'SoIlN8f~
CEHr.ut._NGSlEIMCES
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crrv OF SAN BEMNARCINO PLANNING
ANC BUILDING SEMVICES CEPARTMENT
CASE~ RP89-40/CUP91-22
AGENOA ITEM
HEAFlING OATE
PAGE
CONDITIONS
1-21-92
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1.
S'!'AJmJu:ll'l ~NDrT1:0NS
2.
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~~or ~di~ica~ions ~~ ~e ~lL~ shall =e subject t~ approval
~ ~e OireC":or ot Pla=inc;. An i..~c:ease ot :aore ~ :'0
percen~ ot ':.:1e square too~ac;e or a siqni~ic::ant chanc;e in ~e
approved concep~ sball De subjeC": ~~ (PlanninC; Commission and
Development Review C~mmittee) review and approval.
Construction shall De in substantial confor:llance with ':.:1.
Plans approved DY the Oevelopment Review Committee, Pla=inc;
Commission or Oirector ot Pla=inC;.
The developer is to submit a complete master landscape and
ir:ic;ation plan (4 copies) tor the entire development to the
Inc;ineerinc; Oepa.r=aent with the required tee tor approval, .
the lanascape plans will ~e torwaraed to the Parks,
Recreation, ana CommW1ity Service~ . and the Pla=inC;
o.pare:aen~ tor review and approval. (Note: ~e issuance ot a
muldinC; per:llit, 1:ly the Depar::aent ot 3uil.iinC; and Satety 0:
the City ot San Bernardino, does ~ waive these
requirements/conditions.) No qradi.~C; ;.r.llits will D. issuea
prior to approval ot landscape plans.
The d_iqn
tollowinq:
shall
include,
~ut not
D.
liJUtad
to
the
.
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Stre.t trees shall D. planted on 30 toot canter
spacinq unless otherwi:se indicated ~ ':.:1. Dep&r'Cllent
ot Parks, Recreation, and Commu.~i;y Services. Th.
Parks Depar::aant shall deter:in. the varieties and
locations prior to plantinC;. All tre.s shall De 24-
~ox specaens. Tre.. are to ~. insp.C":ad DY a Park
Oivision r.pr.s.n~~iv. ~pio~ t= ~:an~inq.
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Planters shall be enclosed with concrete curDinc;.
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cm OF SAN eP. ,ARDINO PLANNING
AND BUILDING SERVICES CEPARTMENT
CA.O
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RPB9-40ICUP91-22
AGENDA ITEM
HEARING OATE
PAGE
CONDITIONS
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3.
4.
5.
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'!'he set=acb t=c:. ~e nor-~ _ . SOU1:..'1 _ ,
eas~ , ~es~ _ prope~y line shall be ber.=ed
a~ a ::l&Xi21m J: 1 slope and shall be plan~.d wi~ a
tall tes~e ~ype t~tir&s..
A t.ndscape butt.r zone shall be ins~alled be~ween
tacili~i.. ana s~~..t.
x
The landscape and ir:'iqa~ion plans shall coaply ~:.~
~e -Procadure and Policy tor ~c1scape and
Ir:'iqa~ion- (avail&ble tro. ~~e Parks Dapar::en~).
Subject to ~'1. Conditions ot the Oepart=ent ot Parks and
Recreation (at~ached).
Trees, shrubs and qroundcover ot a type and quality qenarally
consistent or coapatible with that characterizinq sinqle-
tamily ho.es shall be provided in the tront yard and that
po~ion ot ~ side yards which are visiDle tro. the stree~.
All landscaped areas aus~ be prcvic1ed with an au~o_tic"
irriqation sys~.. aaequateto insure their viability. The
landscape and irriqation plans shall be approvad by the Parks
and Re~:.a~ion C.par-~en~.
At all till.. the business will be operated in a
doe. not produce obnoxious noise, viDra~ion,
sacke, qlare, or other nuisance.
aanner whic.'\
odor, dus~,
.
A .iqn proqram tor the multi-tenant co...rcial/inc1ustrial
cen~er shall b. approved by the Planninq Dapartmen~ prior to
i..uance ot C~iticate ot Occupancy.
In the event that this approval is leqally chal 1 enqed , the
City vill proap~ly no~ity the applican~ ot any claim or
action and vill coopera~e tully in the c1etense ot the ma~ter.
ODee no~itied, the applicant aqree. to detend, indemnity, and
ulc1 har.Ile.. the City, its otticers, aqen~s and _ployees
t:'oa any claia, action, or proc:eedinq aqainst the City ot 5an
Bez'narclino. The applican~ turther aqre.s ~o reimburse tha
city ot any cosu &lid a~~orney.' tee. whiCh the City may be
required by a CCUft to pay a.. raw t ot suCh action, bu~
8UCA p&~icipa~ion shall not reli~e applican~ ot his
cbliqation under this condition.
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP 89-40/CUP9l-22
AGENDA ITEM
HEARING DATE
PAGE
....
CONDITIONS
1-21-92
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Condition~ of Approval
6. All the Conditlon~ of Approval and standard Requirement~ of
Review of Plan~ No. 89-40 ~hall apply with the exception of
Condition of Approval No.1, which ~hall be revi~ed to read
a~ follows:
"No video arcades or nuisance type uses that may attract the
high school students shall be permitted in the proposed
center, given the location of the Rialto High SChool in
relation to the center. Should the Rialto Unified School
District ever abandon the ~chool site, the restriction~ of
this condition ViII no longer be valid."
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE ROP 89-CJ/CUP 91-22
CONDITIONS
AGENDA ITEM
HEARING DATE 1-21-92
PAGE R
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Alcoholic Beveraae Conditional Use Permit
7. After 12 months of operation of the business, the license
owner shall submit to the City fifty percent of the latest
Conditional Use Permit application fee for the preparation of
and evaluation report to the Planning commission of the
business operation. Two sets of mailing labels of property
owners and their address and or tenants addresses of property
within 500 feet of the exterior boundaries of the business
property owned by the licensee shall accompany the fee. A map
illustrating the 500 foot radius boundary and all parcels
within that boundary shall also be submitted. This
information shall be obtained from the latest San Bernardino
County equalized assessment roll and maps. upon receipt of
the fee and labels, the City Police Department shall prepare
a Police Report on the operati~n of the Business for the past
12 months and forward said report to the Planning Department
who will schedule a public hearing with the Planning
commission and prepare an evaluation report.
After the public hearing, the Planning Commission may modify
any existing conditions of approval, add new conditions of
approval or revoke the Conditional Use Permit. These revised
conditions or revocations shall be permanent and subject to
appeal to the Mayor ,and Common Council within 15 days after
imposition.
Operation guidelines that the licensee should follow in the
selling of alcoholic beverages are:
Not permitting drinking in the parking lots.
Not allowing drunks on the premises.
Discouraging loitering on the premises and congregation
of groups of people.
Not selling to minors or someone under the influence of
alcohol.
Maintaining a clean store and parking lot, including
immediate trash pick-up and graffiti removal, and
maintaining landscaped areas.
Limiting sales of individual or small amounts of
beverages that could be consumed immediately on or near
the store premises.
8. Arcade game machines, video or otherwise, shall not be located
or maintained anywhere upon the anywhere on the premises.
9. Outdoor public telephones shall not be allowed.
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PLAN.8.09 PAGE 1 OF ,
(4-90)
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CONDITIONS
CASE ROP 89-40/CUP 91-22
AGENDA ITEM
HEARING DATE
PAGE
1-21-92
9
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
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10. Beer and wine shall not be allowed to be consumed on the
premises (inside or outside) of the project property under
ownership or control of the licensee.
11. 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. A minimum of one foot candle of maintained
illumination is required.
12. Lighting in the parking area of the premises shall be
directed, positioned and shielded in such a manner so as not
to unreasonably illuminate the window area of nearby
residences.
13. Two documented Alcoholic Beverage Control violations for sales
to minors or someone ur.Jer the. influence of alcohol shall
result in the immediate revocation of the licensee's
Conditional Use Permit.
14.
The applicant shall
prohibiting littering
enforcing this.
be responsible for
and loitering with
posting signs
the management
.
15. The outside area shall be kept clean by immediate trash pick-
up and/or sweeping, all graffiti shall be removed within seven
days of occurrence and the developed areas shall be
maintained.
16. Beer and wine shall be kept in coolers under lock and key
accessible only by the clerk on duty or the licensee in order
to preclude shoplifting of alcoholic beverages by minors.
17. At all times when the premises are open for business, there
shall be two employees located on the premises.
18. If, in the opinion of the Chief of Police, a security guard
becomes necessary, it shall be the responsibility of the
applicant to provide the security guard at the hours
determined by the Chief of Police.
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PlAN-8.09 PAGE' OF 1 (4-90)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE ROP 89-40/CUP 91-22
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
1-21-92
10
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EXHIBIT Bl
other Conditions which the Police Department has recommended that
the Mayor and Council may wish to consider imposing on the project:
1. Applicant/s shall sell beer or malt beverages for consumption
off the premises in quantities of no less than 6 pack lots,
or less than 72 ounce containers.
2. No wine shall be sold in bottles or containers smaller than
750 ml, except wine coolers sold in a quantity of 4-pack.
Wine which contains more than 14 percent alcohol by volume
shall be prohibited.
3. No sales of ice in less than 7 pound bags.
4. There shall be no cups, glasses or similar receptacles"-
commonly used for drinking of beverages, ~hether constructed
of glass, plastic, styrofoam or other materials, sold,
furnished or given away at the applicant's premises in
quantities less than 24.
5. Hours of operation shall be 7:00 a.m. to 10:00 p.m.
6. The quarterly gross 'Sales of alcoholic beverages shall not
exceed 25 percent of all gross sales of all products during
the same period. The applicant shall at all times maintain
records which reflect separately the gross sales of all other
items at the business.
7. The display and availability of alcoholic beverages shall be
located in the rear 1/3 of the business.
Exhibit "B1"
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PLAN.8.D9 PAGE' c:: 1 (4-90)
r
CITY OF SAN BERNS?DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE ~89-40/CUP 91-22
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STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
1-21-92
11
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COMMERCIAL. INDUS~RIAL
1. Conditional Use Permit no. 91-22 shall be in effect for a
period of 12 months from ~~e date ~f approval. However, if no
development has been initiated at the end of the 12 month
period, the application shall expire. Additional time may be
approved upon request of the applicant prior to expiration of
the 12-month period. Expiration Date: January 21, 1993
2. PARKING:
a. This f~velopment shall be required to maintain a minimum
of standard off-street parkinq spaces.
b. All parkinq and drivinq aisles shall be surfaced with two
inches of AC over a suitable base or equivalent as
approved by the City Enqineer. parkinq spaces shall be
striped and have wheel stops installed at least three
~eet from any buildinq, wall, fence, property line, or
walkway.
c. Whenever an off-street parkinq area is adjacent to or
across an alley from property zoned residential, a solid
decorative wall six feet in heiqht shall be erected and
maintained alonq the property line so as to separate the
parkinq area physically from the residentially zoned
property provided such wall shall be three feet in heiqht
when located within the required front or street side
yard setback. Where no front or street side yard is
required, such wall shall be three feet in heiqht when
located within ten feet of the street line.
d. Whenever an off-streetparkinq area is located across the
street from property zoned for residential uses, a solid
decorative wall or equivalent landscape berm not less
than three feet in heiqht shall be erected and maintained
alonq the street side of the lot not closer to the street
than the required depth of the yard in the adjoininq
residential area. No fence or wall located in the front
setback shall obscure the required front setback
landscapinq.
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Exhibit "c"
PL...,Ut.I.l0 "OE 1 01=' 1 1..eDl
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CITY OF SAN 8ERN~DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
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CASE RP89-40/CUP91-22
AGENDA ITEM
HEARING DATE 1-21-92
PAGE 12
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REFUSE ENCLOSURES:
Whenever refuse bins are located within or adjacen~ to a
parkinq area used by the public, they shall be enclosed by a
decorative wall six feet in heiqht alonq the rear and sides
and screened qate(s) six feet in height alonq the front. The
enclosure shall not be placed within the required front or
street side yard setback area. Exact locat~on and size of
refuse enclosures are to be determined by the Planninq
Department and Division of Public Services Superintendent.
WALLS :
a. Six-foot hiqh solid decorative walls shall be required on
the north , south , east , and west or
peripheral-===- property l~nes. (Only those mar~with
"X" or check mark apply).
4. LANDSCAPING:
The i~tent and purpose of this section is to prevent trees and
other landscaping from damaqing public improvements.
a. Street trees must be installed at a m1n1mum of 30 feet on
center. Varieties and exact location shall be determined
by the Director o~ Parks and Recreation.
b. All required setbacks abuttinq a public right-of-way
shall be landscaped (except for walks and ~riveways which
bisect or encroach upon the required landscape area).
c. Four (4) copies of a landscape plan (includinq plant
material specifications) shall be submitted to the
Enqineerinq Division for review and approval.
d. All required landscaping shall be protected from parkinq
areas and shall be provided with automatic sprinkler
facilities which shall be maintained in an operative
condition.
e. Interior planting shall be required and maintained equal
to at least five percent or ten percent of the open
surfaced parkinq area excludinq the area of landscapinq
strip required by subsection "b" and shall include at
least one tree for every five spaces or major fraction
thereof. Measu~ements shall be computed from the inside
of perimeter wa_ls or setback lines.
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CITY OF SAN BER;QDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE ~P89-40/~UDQl-22
AGENDA ITEM
HEARING DATE 1-21-92
PAGE 13
STANDARD REQUIREMENTS
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5.
6.
f.
The required set~ack(s) from the north ~, south, ____,
east ____, west ~ property line shall be densely
landscaped wi~~ mature trees, shrubs, and groundcover. A
-foot landscaped earthen berm shall be erected and
maIntained within the setback along the above indicated
property line.
ILLUMINATION:
a.
All lighting
directed away
right-of-way.
the parking areas shall be
properties and the public
fixtures in
from adjacent
MECHANICAL EQUIPMENT:
a. Air condi~ioning and vent ducts shall be directed away
from any adjacent residential uses, and all sides of the
building shall be free of any external vents and
mechanical equipment including, but not limited to,
conduits and ducts. .
b.
All building-supported
roof equipment, ladders
ducts) shall be enclosed
architectural elements:
shall not be permitted.
.
mechanical equipment (including
and air conditioning and vent
within the building'S primary
independent screening devices
c. All ground-supported equipment such as transformers and
air conditioners shall be located within the building, in
underground vaults, and/or behind approved landscaping
ADQ masonry walls.
All utility service boxes,
shall be painted to match
they are located.
e. All existing overhead utility services and wiring shall
be relocated underground.
d.
connections and service lines
the building exterior on which
f. All utility systems including gas, electric, telephone,
water, sewer and Cable 'rV shall be provided for
underground, with easements provided as required, and
designed and constructed in accordance with City Codes
and the utility provider. Telephone, Cable 'rV and/or
security systems shall be pre-wired in the 3tructures.
Compliance with all recommendations of the Geology Report
shall be required (if applicable).
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CITY OF SAN BERN" DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE RP89-40/CUP 91-22
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
1-21-92
14
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Grading and revegetation shall be staged
City Engineer in order to reduce the
exposed to precipitation.
During construction, ~~e City Engineer may requi:e a fence
around all or a portion of the periphery of the site to
minimize wind and debris damage to adjacent properties. The
type of fencing shall be approved by the City Engineer to
assure adequate project site maintenance, clean-up and dust
control.
as required by the
amount of bare soil
Within 75 feet of any single-family residential district, the
maximum height of any building shall not exceed one story or
20 feet unless the Commission determines that due to unusual
topographical or other features, such restrictive height is
not practical.
7.
No Certificate
compliance with
provisions of the
of Occupancy shall be issued prior to
these Standard Requirements as well as all
S3n Berna:dino Municipal Code.
8. SIGNS:
All siqns shall be in conformance with San Bernardino
Municipal Code Section 19.60. Four (4) copies of a plot plan
. .
and elevat~on of the siqn drawn to scale shall be submitted
to the Planning Department for review and approval prior to
issuance of the siqn permit from the Building and Safety
Department.
... ~ .. --.,
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Ii..
PLMoLtD PAGE I'" 1 f600tDl
,.
CITY OF SAN BERrC;DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE '--rIp 89 -40 / CUP91-22
AGENDA ITEM
HEARING DATE 1 ? 1-92
PAGE-J.5
"""'l
STANDARD REQUIREMENTS
..,j
COMPOSITE DEVELOPMENT PLAN
9.
A Composite Development Plan (COP) shall be filed with the
Engineering, Planning, and Building and Safety Departments
prior to Final or Parcel Map processing by the City pursuant
to Ordinance No. MC-592. The COP shall provide additional
survey and map information including, but not limited to,
building criteria (e.g. setbacks), flood control criteria,
seismic and geological criteria, environmental criteria and
easements of record. The COP shall be labeled with the title
"Composite Development Plan", and contain a section entitled
"Composite Development Plan Notes". The applicant shall have
listed under the COP Notes section the following conditions or
mitigating measures required for the development of the
subject property:
The property owner shall sign a covenant running with the land
agreeing that if the required landscaping is not maintained,
the City may enter on the the property ana install and main-
tain the required landscaping and may lien the property for
the costs. The covenant shall be signed ana recordea with the
~ounty of San Bernardino Recorder's Office prior to the
~ssuance of any Certificate of Occupancy. In addition, a
lanascape maintenance easement shall be filed with the Recor-
aer's Office, which gives the City the right to enter the
property and perform maintenance to the requirea landscaping.
.
latlO/9/90
DOC: PCAGENDA
DOCUMENTS
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PL..Mol.10 'IGE lOP 1
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CITY OF SANO-,ERNARDINO
-
'?J1EMORANDUM
To SGT. E. L. TULL
From R. HARPS. CSR II
Su~e~ ~ac LICENSE - 505 S. ?epper
Date 1/10/92
Approved
Date
The San Bernardino Police Department recommends denial for
Conditional Use Permit #91-22. The proposed use, the sale of
alcoholic beverages for off-site consumption, will not be
compatible with the high school to the west of the proposed site.
If the sale of alcoholic beverages for off-site consumption is
allowed at this site, we expect to increase police problems in the
area. These problems would be detrimental to the peace, health,
safety and general welfare of the citizens of San Bernardino.
Lt. Farmer, Area "A" - "C" Patrol Commander, has recommended the
ABC License be denied. See attached memo.
Again, the San Bernardino Police Department recommends denial for
the sale of alcoholic beverages for off-site consumption at this
location. If this denial is not upheld, the following conditions
may minimize some of the impact of this type of business on the
community.
Exhibit "D"
PRIDE .I
.,N PROGRESS
~-1f"
-
-
CITY OF SA~JERNARDINO - q"EMORANDUM
To SGT. E. TULL
From
SGT. R.A. RICE
Subject ABC :'ICENSE - :; 0 5 SO. PEPPER
Date
1-8-92
Approved
- -
/,
,"-.
Date
It has come to the attention of Lt. Farmer, Area Alc
Commander, that the "Peppermill Deli", 505 So. Pepper,
has applied for and received a Conditional Use Permit
for Off Sale Beer and Wine Sales. It is the contention
of Lt. Farmer and myself that this proposed ABC Type
20 Li=ense would be incongruent with a new high school
a mere 60 feet away and all the potential problems
brought on an already strapped west side patrol area.
Experience has shown us that this type of establishment
will draN students all day long whether the campus
is open or closed, and by adding alcohol this enhances
th~ potential for "Grab & Runs" (theft of beer),
loi tering of students awaiting an adult to buy alcohol
for them and several other alcohol related misccnducts.
All the aforementioned are police problems. As we
all know, ABC is down to a skeleton staff and alcohol
related enforcement w~ll befall local agencies. At
a time when the Ci ty of San Bernardino is involved
in a six million dollar plus budget deficit and talk
of layoffs (including the Police Department) is
apparently no longer just talk, it does not make sense
to encumber your limited resources on the additional
burden of alcohol related crimes.
It is the hearty recommendation of Area A and C that
the Type 20 Off Sale License not be granted by ABC.
PRIDE -I
~/N PROGRESS
.~
o
o
CONDITIONS
505 S. Pepper
1 - App1icant/s shall sell bee~ o~ malt beve~ages for consumption of= ~he
premises in quantities of :10 less than 6 pack lots, or less than 72
ounce containers.
2 - No wi:1e shall be sold in bottles or contai:1ers smaller than 750 ml,
except wine coolers sold in a quantity of ~-pack. 'nine which con-
tains more than 14 percent alcohol by volume shall be prohibited.
3 - There shall be no game machines, video or otherwise, maintained upon
the premises at any time.
4 - No sales of ice in less than 7 pound bags.
5 - The applicant shall be responsible for posting signs p=ohibiting lit-
tering and loitering with management enforcing this and maintaining
the area free of litter and graffiti.
6 - No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the applicant.
7 - Exterior lighting shall be sufficiently and properly maintained to
illu'o1inate all areas of the exterior of the building and prope~ty for
easy detection of suspicious and criminal activity. A minimum of one
foot c5ndle of maintained illumination is required.
8 - If in the opinion of the Chief of Police a security guard becomes
necessary, it shall be th~ responsibility of the applicant ~o provide
the security at the hours to be listed by the Chief of Police.
9 - Lighting in the parking area of the premises shall be directed, posi-
tioned and shielded in such a manner so as to not unreasonably illu-
minate the window area of nearby residences.
10 - There shall be no public telephones located on the premises.
11 - There shall be no cups, glasses or similar receptacles commonly used
for drinking of beverages, whether constructed of glass, plastic,
Styrofoam or other materials, sold, furnished or given away at the
applicant's premises in quantities less than 24.
12 - Hours of operation shall be 7:00 a.m. to 10:00 p.m.
13 - The quarterly gross sales of alcoholic beverages shall not exceed 25
percent of all gross sales of all products during the same period.
The applicant shall at all times maintain records which reflect sepa-
rately the gross sales of all other items at the business. Said re-
6
o
CONDITIONS
505 S. Pepper
PAGE 2
14 - At all times when the premises are open for business, there shall be
two employees.
15 - The display and availability of alcoholic beverages shall be located
in the rear 1/3 of the business.
.
CITY OF SAN BERN~DINO - REQUEST ~R COUNCIL ACTION
From: Al Boughey,', Director
Subject:
Appeal of Review of Plans No. 89-4i
Amendment to Conditions and
Appeal of Conditional Use Permit No,
91-22
Dept: Planning & Building Services
Date: December 18, 1991
Mayor and Common Council Meeting
January 6, 1992
Synopsis of Previous Council action:
On December 2, 1991, the Mayor and Common Council continued the
appeal of the Planning Commission's denial of Review of Plans
No. 89-40 (Amendment to Conditions) and Conditional Use Permit
No. 91-22 for 30 days, so that a meeting of all interested parties
could be held.
Recommended motion:
That the hearing be closed and that the Mayor and Common Council
deny the appeals and deny Review of Plans No. 89-40 (Amendment to
Conditions) and Conditional Use Permit No. 91-22 (supports staff
recommendation and Planning Commission's action); or
That the hearing be closed and that the Mayor and Common Council
approve Review of Plans No. 89-40 (Amendment to Conditions) and
Conditional Use Permit No. 91-22 in concept and refer the matter
back to staff to develop positive Findings of Fact.
at 1J~ It/(
Al Bh Signature
oug ey
Contect perlon: Al Bouahev
Phone: 384-';1';7
Supporting dete Ittached:
Memo
Ward:
3
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notel:
L/ _~., ~..~
^ ___..... 1._- "1_
89
-.
CITY OF SAN BERN~RDINO - REQUEST ~R COUNCIL. ACTION
.
STAFF REPORT
Subject: Appeal of Review of Plans No. 89-40
Amendment to Conditions and Appeal of
Conditional Use Permit No. 91-22
On December 4, 1991, a meeting was held in the Council conference
room. In attendance were the applicant and his representative,
representatives from the Ria1to Unified School District,
representatives from the Planning Division, representatives from
the Attorney's Office, and Councilman Hernandez.
Primarily the discussion centered around the school district's
opposition to an ABC license across the street from the new high
school on the southwest corner of Mill and Pepper. It was the
feeling of the school district that having beer and wine available
at the proposed site would provide an opportunity for high school
aged children to obtain alcoholic beverages which is not in the
health and safety interest of this age group.
The applicant volunteered to provide a security guard and also to
self police his business. He offered to call the school anytime
a high schooler attempted to obtain alcohol from his store. The
applicant further felt that it was unfair of the city to take into
account his past record of selling to minors when making the
decision as to whether or not he would be granted a Conditional Use
Permit to sell beer and wine at the site.
The meeting concluded with Councilman Hernandez stating that,
unless the applicant could present convincing evidence to the Mayor
and Common Council, the support provided would be to the school
district, and not to the applicant.
Staff Recommendation
That the hearing be closed and that the Mayor and Common Council
deny the appeals and deny Review of Plans No. 89-40 (Amendment to
Conditions) and Conditional Use Permit No. 91-22 (supports staff
recommendation and planning commission's action).
75.0264