HomeMy WebLinkAbout41-Planning
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CITY OF SAN BER~DINO '. RI!QUEST PdR COUNCIL ACTION
From:
Brad L. Kilger .....<.11" Off.
Director of PlannirftEC.\'). - "U ,",. Subject:
. . ~ "II \: LU
Planning \!1~ J~t'''-;J r\'l
Appeal of Conditional Use
Permit No. 88-52
Dapt:
Mayor and Council Meeting of
January 17, 1989, 2:00 p.m.
D~: January 4, 1989
Synopsis of Previous Council action:
_ On 11/17/86 Council approved existing CUP on appeal
over denial by the planning Commission.
_ On 11/11/88 Devel~pment Review Committee approved plans for new location
of 7-10 convenience store.
_ On 12/6/88 Planning Commission conditionally approved CUP No. 88-52 for
off-site sale of beer and wine at the new store site.
(The Conditional Use Permit request is exempt from CEQA.)
Recommended motion:
That the hearing be closed and that the Mayor and Council deny the appeal and
approve Conditional Use Permit No. 88-52 subject to the Findings of Fact and
Conditions of Apprqval contained in the Statement of Official Planning Com-
mission Action (supports Planning Commission action).
or
That the hearing be closed and that the Mayor and Council uphold the appeal
and approve Conditional Use Permit No. 88-52 subject to the Findings of Fact
and Conditions of Approval contained in the Statement of Official Planning
Commission Action, but deleting Condition Nos. 2, 3, 4, 6 and 8, (supports
appeal request).
Note: The Council may also consider deleting and/or modifying some or all
of the particular conditions that were appealed.
"
Supporting datil attached:
Brad L. Kilger
Staff Report
Phone: 384-5057
Ward: 1
Contact person:
FUNDING REQUIREMENTS:
Amount: --
Source: (Acct. No.)
(Acct. OescriDtionl
Fin..,ce;
Counci: otes:
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CITY OF SAN _RN~DINO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Planning commission Approval of Condi-
tional Use Permit No. 88-52
(off-site sale of beer and wine)
Mayor and Council Meeting of January 17, 1989
REOUEST
The applicant, Mr. Albert R. Mamlouk, is appealing certain
conditions of approval by the Planning Commission for Condi-
tional Use Permit (CUP) No. 88-52. The applicant requests
that the Mayor and Council reconsider those certain
conditions and delete them.
BACKGROUND
The applicant is proposing to transfer an existing beer and
wine license from an existing convenience store called "7-10"
located at 771 North "D" Street. The new proposed conven-
ience store will be part of a three-phase project which was
submitted under Review of Plans No. 88-77, reviewed and
approved by the Development Review committee on November 11,
1988. The Planning commission approved the CUP by a 7 to 1
vote over the negative recommendation of staff.
The beer and wine license for the existing convenience store
was reviewed under Conditional Use Permit No. 86-40 and was
approved by the council on appeal on November 17, 1986. The
off-site sale of beer and wine is permitted with a Condi-
tional Use Permit in the underlying zone of C-4 and the MU-4
Mixed Use land use designation of the Interim policy Docu-
ment. The proposal is categorically exempt from the require-
ments of the California Environmental Quality Act (CEQA).
The Police Department had
proposed sale of beer and
has the highest crime rate
an over-concentration of
licenses are recommended
Beverage Control (ABC).
list of conditions which
approval by the Planning
Department conditions are
These are as follows:
very strong concerns with the
wine at this location. The area
in the city. The census tract has
13 off-site licenses, when only 6
by the Department of Alcoholic
The Police Department proposed a
were implemented as conditions of
Commission. Five of these Police
being appealed by Mr. Mamlouk.
2.
No wine or distilled spirits shall be sold
less than 750 mI. 12 ounce wine coolers
sold in quantities less than four packs.
3. No malt beverage products shall be sold in less than six
pack quantities per sale.
in containers
shall not be
4.
Quarterly
not exceed
products.
gross sales of all alcoholic beverages
25% of the quarterly gross sales of all
shall
food
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Appeal of Conditional Use Permit No. 88-52
Mayor and council Meeting of 1/17/88
Page
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5. No coin operated amusement devices shall be maintained
on the licensed premises.
6. Hours of operation shall be 9:00 a.m. to 10:00 p.m.
The Police Department has indicated that these type of
conditions are intended to mitigate potential police enforce-
ment problems.
RECOMMENDED OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
That the hear be closed and that the Mayor and Council deny
the appeal and approve Conditional Use Permit No. 88-52,
subject to the Findings of Fact and conditions of Approval
contained in the Statement of Official Planning Commission
Action (supports Planning Commission action)~
or
That the hearing be closed and that the Mayor and Council
uphold the appeal and approve Conditional Use Permit No. 88-
52 subject to the Findings of Fact and the Conditions of
approval contained in the Statement of Official Planning
Commission Action, but deleting Condition Nos. 2, 3, 4, 6 and
8, (supports appeal request).
Note:
The council may also
modifying some or all of
that were appealed.
consider deleting and/or
the particular conditions
Prepared by:
John Montgomery, AICP
Principal Planner
for Brad L. Kilger, Director of planning
Attachments:
A - Letter of Appeal to Mayor and Council
B - Statement of Official Planning Commission
Action
C - Letters of Support or Opposition
D - Staff Report to Planning Commission,
12/6/88
mkf/I/4/88
M&CCAGENDA:CUP8852
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Carey's FiDe Automobiles
6"'S North D Sueet
SaD BenaudiDo, Ca. '2"'01
December 5, 1988
Planning Commission
City of San Bernardino
300 North D Street
San Bernardino, Ca. 92.fOl
Dear Members of the Commission,
This letter is in response to CUP 88-52, an application for off -site sale of
beer and wine, filed by Mr. Albert MamJouk, located at 771 North D Street.
Origina1Jy, I had been opposed to the market going in there in 1986.
However, since then I have had the opprotunity to observe the op,eration of
the store and the impact it has had on the neighborhood. At this time, to
my pleasure, I dont believe the 7-10 Market has had any negative impact
on the surrounding neighborhood. I have not observed any problems
directJy related to this operation. Mr. MamJouk appears to run a good
business and
has been a decent neighbor.
For thes reasons I have no objection to Mr. Mamlouk continuing his
operation at the adjacent site.
It is also my understanding that Mr. Mamlouk will be building a new
facility at this location which can only continue to further improve our
neighborhood.
*9
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AppliTecl?
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December 5, 1988
LAND MANAGEMENT DEPARTMENT - Planning Commission
City of San Bernardino
385 North Arrowhead Avenue
San Bernardino. California
RE: Conditional Use Permit No. 88-52
My name is Patti J. Prime and I represent John J. Mirdo. the
owner of AppliTech. We strongly request disapproval of
Conditional Use Permit No. 88-52. AppliTech rents the offices
located at 725 North "D" Street. We have had continuing problems
with many patrons of the existing store located to the north of
our offices. The problems we have encountered include:
a.) Loitering by patrons of the present store who drink their
alcoholic beverages at our location.
b.) Begging by derelicts for money to purchase alcohol from our
employees and business clients.
c.) Increased trash caused by paper products and bottles which
are thrown on sidewalks. parking lot areas and other common
areas.
d.) Incidents of these patrons urinating and defecating on
stairways and in the parking lot.
e.) Incidents of inebriated patrons sleeping on exterior
stairway landings and in toilets of building.
Due to other commitments we are unable to
hearing scheduled for December 6. 1988.
concerns will be taken into account when you
decision. Thank you.
attend the actual
We hope that our
are making your
Sincerely,
/1
AppU. Tech "
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Pa ti Prime
Marketing Support Manager
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PJP/rmk
725 North "D" Street
San Bernardino, California 92401
(714) 884-1288
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BOARD OF OlifECTOR5
Richard B Mortll''''i':
Pres,cent
L'o'OU:; ~.':J,~,~~=
vlce-Pres,dent
John SegOVIC
Treasurer
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Caja de San Berna;dino, !J.nc.
December 5, 1988
San Bernardino City Planning Commission
City Hall, Council Chambers
300 North "0" Street
San Bernardino, CA 9241B
Re: Conditional Permit H 8B-52
Dear Sir,
Casa de San Bernardino is a substance abuse rehabilitation facility
developed in 1973, to assist the population of this community in decreas-
ing incidences of chemical dependance.
Having the current convenience store next door to our facility has
been counterproductive for us to our goals in serving this community for
the following reasons:
1. Employees as well as clients do not feel safe'due to the
high number of alcohol effected customers leaving the
convenience store.
2. Containers from alcohol products are disposed of in front
and at the side of our facility.
3. Intimidation by chemically effected clientel of the conven-
ience store discourages people participating in our program.
The employees of Casa de San Bernardino appose the proposal of a new
convenience store. The current convenience store is an eye-sore and an
embarrassment to anyone doing business in this block. . I would think it
would also be a concern to the city planning commission that this type of
business would continue.
In light of the fact we are all trying to up-grade this business
area, to allow this type of building, would be a step backward.
Sincerely,
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Patti A. Velez
Executive Director
PAV!1f
735 NO. "0" STREET. SAN BERNARDINO. CA 92401 . (714) 381-5507
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TO: The Planning Commission
City of San Bernardino
RE: Conditional Use Permit No. 88-52
My name is Rose E. Mihata and I reside at 468 West Tahquitz
Way, Palm Springs, CA. 92262. I strongly request disapproval
of Conditional Use Permit No. 88-52. I own the buildings to
the south of said proposed store, 719 North D. Street to 735
North D. Street and have continued problems with many patrons
of the existing store just north of the new proposed store.
The problems I have encountered include:
a. Loitering by patrons of the present store who drink their
alcoholic beverages on my property.
b. Begging by derelicts for money to purchase alcohol from my
business tenants and their clients.
c. Increased trash caused by paper products and bottles which
are thrown on sidewalks, parking lot areas and other common
areas.
d. Incidents of these patrons urinating and doing their bowel
movement on stairways and in my parking lot. .
e. Incidents of inebriated patrons sleeping on exterior stairway
landings and in toilets of building.
Due to other commitments I am unable to attend the actual hearing
scheduled for December 6, 1988. I hope that this letter will be
read at the hearing and its contents carefully considered.
Sincerely,
\'
Rose E. Mihata
Property Owner
(619) 320-0882
Copies to: Members of City Council
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city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
Conditional Use Permit No. 88-52
Applicant:
ACTION
Albert Mamlouk
Meeting Date: December 6, 1988
X Approved Request Subject to the following
Findings of Fact and Conditions and Standard
Requirements (Attachment A).
Denied.
Other.
FINDINGS OF FACT
1. The proposed use conforms to the objectives of the
city's General Plan in that the Conditional Use Permit
is consistent with the Interim Policy Document adopted
by the Mayor and Common council May 23, 1988, amended
June 6,1988 and approved by the State Office of
Planning and Research on June 9, 1988.
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 the sale of beer and
wine is a commercial use which is compatible with the
surrounding commercial type uses.
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 site has been reviewed and approved for
development and can accommodate the proposed market with
the sale of beer and wine.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area,
and that adequate parking is provided in that traffic
and parking were addressed during the Review of P1ans
No. 88-37 and approved. This use will not intensify the
retail use which was presented.
5. The granting of the Conditional Use Permit under the
conditions imposed will not be detrimental to the peace,
health and safety and general welfare of the citizens of
the city of San Bernardino in that there is not a
.
City of San Berna~no
STATEMENT OF OFF~AL PLANNING COMMISSION
Conditional Use Permit No. 88-52
Page -2-
ACttON
saturation of similar uses in the immediate area.
6. The introduction of alcoholic beverage sales at the
proposed location will not pose any known significant
impacts to the surrounding land uses in that the sale of
alcohol is a retail use which is compatible with the
surrounding commercial uses.
7. The introduction of alcoholic beverage sales at the
proposed location will not create an adverse impact on
the surrounding traffic pattern nor will a parking
congestion be generated in that the beer and wine sales
does not intensify the retail use which was considered
in original approval of the center where both traffic
and parking were considered.
8. The proposed sale of alcoholic beverages will be within
a development which is consis~ent with the objectives of
the elements of the City's General Plan in that the
proposed use is consistent with the Interim Policy
Document.
9. The proposed use will not contribute to an undue
concentration of alcohol outlets in the area in that the
application involves the transfer of an existing license
which will not add to the existing concentration of
alcohol outlets in the area.
10. There will be no detrimental effect on nearby
residentially-zoned neighborhoods considering the
distance of alcohol outlet to residential buildings,
churches, schools, hospitals, playgrounds, parks, or
other existing alcohol outlets in that none of the above
are located in the general vicinity of the proposed
market, except for older single-family homes located to
the rear of the site which will be separated from the
site by a six-foot high block wall.
CONDITIONS OF APPROVAL
This project was approved subject to the conditions and
standard requirements contained in Attachment A.
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City of San Bern~ino ~
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
conditional Use Permit No. 88-52
Page -3-
YQ:n
Ayes:
Nays:
Abstain:
Absent:
Brown, cole, Corona, Lindseth, Sharp, stone; Nierman
Lopez
None
None
I, hereby, certify that this statement of Official Action
accurately reflects the final determination of the Planning
Commission of the City of San Bernardino.
jh.N.L ~ CW~ ~
signature ?I '
Michael W. Loehr, Interim Director of
Name and Title
/'d--,J,;; -&r-
Date
Planning
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PCAGENDA:
PCACTION
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ATTACHMENT A
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, CITY OF SAN BERNARDINO PLANNING DEPARTMENT "'I
CASE CUP BB-52
CONDITIONS
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AGENDA ITEM
HEARING DATE
PAGE
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12/6/88
1. There shall be no cups, glasses, or similar receptacles
commonly used for drinking of beverages whether
constructed of glass, plastic, styrofoam or other
material sold, furnished, or given away at the
petitioner's premises in quantities less than 24.
2. No wine or distilled spirits shall be sold in containers
less than 750ml. 12 ounce wine coolers shall not be
sold in quantities less than four packs.
3. No malt beverage products shall be sold in less than six
pack quantities per sale.
4. Quarterly gross sales of all alcoholic beverages shall
not exceed 25% of the quarterly gross sales of all food
products.
5. All ice shall be sold at or about prevailing prices in
the area and in quantities not less than 7 pounds per
sale.
6. No coin operated amusement devices shall be maintained
on the licensed premises.
7. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises or under control of
the licensee.
B. Hours of operation shall be 9:00 a.m. to 10:00 p.m.
9. Exterior lighting will be of sufficient power to
illuminate any suspicious circumstances. A minimum of
one (1) foot candle of "maintained" illumination.
10. The posting of signs in conspicuous places regarding
drinking and loitering (Municipal Code Section 9.32.020,
consuming alcohol in pubic and 9.52.020, loitering).
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pca.cup8B52C
12/7/88
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 88-52
CONDITIONS
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AGENDA ITEM
HEARING DATE
PA
12/6/88
STANDARD CONDITIONS
11.
x
12.
x
13.
Minor amendments to the plan shall be subject to approval by
the Director of ' Planninq. An increase of more than 10
percent of the square footaqe or a siqnificant chanqe in the
approved concept shall be subject to (Planninq Commission)
(Development Review Committee) review and approval.
Construction shall be in substantial conformance with the
plans approved by the Development Review committee, Planninq
commission or Director of Planninq.
appropriate fee,
DenartlDent for
issued prior to
Four sets of Landscape Plans, alonq with the
shall be submitted to the Enaineerina
processinq. No qradinq permits will be
approval of landscape plans.
At all times the business will be operated in a
does not produce obnoxious noise, vibration,
smoke, qlare, or other nuisance.
manner which
odor, dust,
Subject to the Conditions of the Department of Parks and
Recreation (attached).
x
In the event that this approval is leqally challenqed, the
City will promptly notify the applicant of any claim or
action and will cooperate fully in the defense of the matter.
Once notified, the applicant aqrees to defend, indemnify, and
hold harmless the City, its officers, aqents and employees
from any claim, action, or proceedinq aqainst the city of San
Bernardino. The applicant further aqrees to reimburse the
City of any costs and attorneys' fees which the City may be
required by a court to pay as a result of such action, but
such participation shall not relieve applicant of his
obliqation under this condition.
A siqn proqram for the multi-tenant commercial/industrial
center shall be approved by the Planninq Department prior to
issuance of Certificate of occupancy.
csj/8-3-88
DOC: PCAGENDA
STNDCONDI'l'IONS
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CITY OF SAN BERNARDINO
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CASE
CUP 88-52
STANDARD REQUIREMENTS
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AGENDA ITEM
HEARING DATE 12/6/88
PAGE
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COMMERCIAL. INDUSTRIAL
1.
x
Conditional Use Permit No. 88-52 shall be in effect for a
period of 12 months from the date of 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: 12/6/89.
2.
x
PARKING:
a. This development shall be required to maintain a minimum of
7 standard off-street parking spaces.
b. All parking and driving aisles shall be surfaced with two
inches of AC over a suitable base or equivalent as approved
by the city Engineer. Parking spaces shall be striped and
have wheel stops installed at least three feet from any
building, wall, fence, property line, or walkway.
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c.
Whenever an off-street parking area is adjacent to or
across an alley from property zoned residential, a solid
decorative wall six feet in height shall be erected and
maintained along the property line so as to separate the
parking area physically from the residentially zoned
property provided such wall shall be three feet in height
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 height when located within
ten feet of the street line.
d. Whenever an off-street parking 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 height shall be erected and maintained along
the street side of the lot not closer to the street than
the required depth of the yard in the adjoining residential
area. No fence or wall located in the front setback shall
obscure the required front setback landscaping.
REFUSE ENCLOSURES:
\....
Whenever refuse bins are located within or adjacent to a parking
area used by the public, they shall be enclosed by a decorative
wall six feet in height along the rear and sides and screened
gate{s) six feet in height along the front. The enclosure shall
not be placed within the required front or street side yard
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Rev. 6/23/88
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CITY
OF
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BERNARDINO
CUP 88-52
CASE
AGENDA ITEM
HEARING DATE 12/6/88
PAGE
STANDARD REQUIREMENTS
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setback area. Exact location and size of refuse enclosures are
to be determined by the Planning Department and Division of
Public Services superintendent.
3.
x
WALLS:
a. six-foot high solid decorative walls shall be required on
the north , south X , east ..lL-, and west or
peripheral -===- property lines. (Only those marked with
"X" or check mark apply).
LANDSCAPING:
The intent and purpose of this section is to prevent trees and
other landscaping from damaging public improvements.
a. street trees must be installed at a minimum of 30 feet on
center. Varieties and exact location shall be determined
by the Director of Parks and Recreation.
b. All required setbacks abutting a public right-of-way shall
be landscaped (except for walks and driveways which bisect
or encroach upon the required landscape area).
c.
d.
llo..
Four (4) copies of a landscape
material specifications) shall
Engineering Division for review and
plan (including plant
be submitted to the
approval.
parking
sprinkler
operative
All required landscaping shall be protected from
areas and shall be provided with automatic
facilities which shall be maintained in an
condition.
e.
Interior planting shall be required and maintained equal to
at least five percent or ten percent of the open surfaced
parking area excluding the area of landscaping strip
required by subsection "b" and shall include at least one
tree for every five spaces or major fraction thereof.
Measurements shall be computed from the inside of perimeter
walls or setback lines.
f.
The required setback(s) from the north , south, ____,
east ____, west ____ property line shall be densely
landscaped with mature trees, shrubs, and groundcover. A
____ -foot landscaped earthen berm shall be erected and
maintained within the setback along the above' indicated
property line.
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CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS
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CAsE CUP 88-52
AGENDA ITEM
HEARING DATE 12/6/88
PAGE
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4.
x
ILLUMINATION:
a.
All lighting
directed away
right-of-way.
fixtures in the parking areas
from adjacent properties and
shall be
the public
MECHANICAL EQUIPMENT:
a. Air conditioning and vent 'ducts shall be directed away from
any adjacent residential uses.
b. All mechanical equipment located on the roof shall be
screened and, located away from adjoining land u~es.
screening design shall be approved by the Planning
Department.
Compliance with all recommendations of the Geology Report shall
be required (if applicable).
Grading and revegetation shall be staged as required by the City
Engineer in order to reduce the amount of bare soil exposed to
precipitation.
During construction, the city Engineer may require 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.
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.
No certificate of occupancy shall be issued prior
with these Standard Requirements as well as all
the San Bernardino Municipal Code.
to compliance
provisions of
SIGNS:
All signs shall be in conformance with San Bernardino Municipal
Code Section 19.60. Three (3) copies of a plot plan and
elevation of the sign drawn to scale shall be submitted to the
Planning Department for review and approval prior to issuance of
the sign permit from the Building and Safety Department.
a.
Monument-type signs
shall not be located within the
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,. CITY OF SAN BERNARDINO "'"
CASE
STANDARD REQUIREMENTS AGENDA ITEM
HEARING DATE
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required setback for the zoning district in which the sign
is located. The monument sign shall be located a minimum
of 5 feet from the property line. If the monument sign is
located within the setback, it shall not exceed an overall
height of three (3) feet.
b.
All freestanding signs
clearance between average
the sign.
must have eight (8) feet of
ground level and the bottom of
csj/6-23-88
DOC:PCAGENDA
DOCUMENTS
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C -"
~ CiTY OF SAN BERNARDINO PLANNING DEPARTMENT"
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
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12/6/88
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Conditional Use Permit 88-52
APPLICANT: Albert Mam10uk
1268 S. Florida Street
Banning, California 92220
OWNER: Earl & Dorothy Korchak
234 McCarty Drive
Beverly Hills, CA 90212
~ The applicant requests approval of a Conditional Use Permit
:) under authority of Code Section 19.26.020(B) (15) for the
o off-site sale of beer and wine in a proposed 1,680 square
III foot convenience store.
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The site consists of 12,400 square feet and is located on the
east side of "0" Street approximately 200 feet north of 7th
Street.
EXISTING IPO
PROPERTY LAND USE ZONING DESIGNATION
Subject Vacant C-4 MU-4
North Vacant C-4 MU-4
South Comm.Office C-4 MU-4
East Resid.-SF R-3 MU-4
West Comm.-Parking Lot C-4 MU-4
GEOLOGIC / SEISMIC KXYES FLOOD HAZARD DYES OZONE A C SEWERS DYES )
HAZARD ZONE. oNO ZONE ClNO OZONE B oNO
HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOF\!ENT lOIVES
HAZARD ZONE ~O CRASH ZONE J4XI NO PROJECT AREA oNO
..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
~ APPLICABLE E FFE CTS 0
WITH MITIGATING ~ 0 CONDITIONS
ZU) MEASURES NO E.I.R.
l&JCo!) KXEXEMPT o E.LR. REQUIRED BUT NO ....0 fik DENIAL
2Z ....ffi
Z- SI;;N IFICANT EFFECTS
00 WITH MITIGATING ~:E o CONTINUANCE TO
a:Z MEASURES U):E
S;i&: 0
Z oNO o SIGNIFICANT EFFECTS (,)
1&1 SIGNIFICANT SEE ATTACHED E. R. C. 1&1
EFFECTS MINUTES a:
NOV. 1911 ".VISCO JULY.,..
'K.
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o :J
.CITY OF SAN BERNARD1NO PLANNING DEPARTMENT
CASE CUP 88-52
OBSERVATIONS
9
1 ~/6/88
AGENDA ITEM
HEARING DATE
PAGE
1. REQUEST
The applicant requests approval of a Conditional Use
Permit under authority of Code Section 19.26.020(B) (15)
for the off-site sale of beer and wine in a proposed
1,680 square-foot convenience store,
2. LOCATION
The proposed convenience store will be located on the
east side of "0" Street approximately 200 feet north of
7th Street on a 12,400 square-foot site.
3. MUNICIPAL CODE & INTERIM POLICY DOCUMENT CONFORMANCE
The proposed use is permitted in the C-4 zone subject to
approval of a Conditional Use Permit. The proposal is
also consistent with the Interim Policy Document adopted
by the Mayor and Common Council on May 23, 1988, amended
June 6, 1988 and approved by the State Office of
Planning and Research on June 9, 1988. (See Attachment
"A".)
4 . CEQA STATUS
The project is
requirements of the
(Section 15301[a]).
5. BACKGROUND
categorically exempt from the
California Environmental Quality act
The proposed convenience store will be part of a three-
phase project which was submitted under Review of Plans
No. 88-77 and reviewed and approved by the Development
Review Committee on November 11, 1988. The applicant is
proposing to transfer his existing beer and wine license
from an existing convenience store called 7-10, which is
located at 771 North "0" Street, approximately 100 feet
north of the subject site.
The beer and wine license for the existing convenience
store was reviewed under Conditional Use Permit No. 86-
40 and approved by the Common Council on November 17,
1986 upon appeal of the Planning Commission's denial of
the request. Staff had recommended approval of the
Conditional Use Permit.
'"
,
"
.CITY OF SAN BERNARD1NO PLANNING DEPARTMENT
CASE CUP "88-52
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PA E
9
12/6/88
3
6. ANALYSIS
Details of Business Operation
The proposed convenience store will offer items normally
found in a convenience store including soft drinks,
grocery items and beer and wine. The floor plan
submitted by the applicant indicates that approximately
6.5 percent of the floor area will be allocated for beer
and wine sales. The applicant anticipates that the sale
of beer and wine will make up approximately 35% of the
total gross sales of the store. The proposed hours of
operation will be 8:00 a.m. to 10:00 p.m., seven days a
week. The store will employ two people. The store will
offer the sale of beer and wine only, no other alcoholic
beverages will be sold.
Traffic, Parking, Circulation
Traffic, parking and circulation were addressed during
Reviewof Plans No. 88-77. The site will accommodate
the proposed use.
General Vicinity
The general vicinity includes retail uses to the north,
commercial uses to the west, office uses to the south
and single-family homes to the east of the site. The
residential area is located within 100 feet of the
proposed convenience store. Pioneer Park is located
approximately .3 miles from the site. st. Paul's
Methodist Church is approximately .2 miles from the site
and Lincoln Elementary School is approximately.7 miles
from the site.
The proposed convenience store with the off-site sale of
beer and wine is compatible with the surrounding
commercial uses, but not compatible with the existing
residential uses to the east of the site. Although
there are no other alcohol outlets in the immediate
vicinity, the area, according to the Police Department
has an over-concentration of off-site alcohol licenses.
Findings Discussion
In order to recommend approval of this Conditional Use
l
.
,-..
V '-
.CITY OF SAN BERNARD1NO PLANNING DEPARTMENT
CASE CUP 88-52
"""'I.
OBSERVATIONS
9
12/6/88
4
.
AGENDA ITEM
HEARING DATE
PAGE
Permit, staff must find that there will be no
detrimental effect on the peace, health, safety and
general welfare of the citizens of the city: that the
proposed use will not adversely affect the adjoining
land uses: that the introduction of alcoholic beverage
sales at the proposed location will not pose any known
significant impacts to the surrounding land use: and
that the proposed use will not contribute to an undue
concentration of alcohol outlets in the area. Based on
the attached memorandum from the Police Department,
Staff cannot make any of the above findings.
7 . AGENCY COMMENTS
The Police Department has very strong concerns with the
proposed sale of beer and wine at this location. They
have indicated that the area has the highest crime rate
in the City and that the census tract has an over-
concentration of off-site alcohol licenses with 13
existing licenses. Only six licenses are recommended by
the Department of Alcoholic Beverage Control for the
census tract. The Police Department has surveyed
adjacent business owners, who have expressed concern
with loitering and increased crime since the existing 7-
10 store open for business. Lt. Devlin of the Police
Department is very opposed to the granting of the
Conditional Use Permit because of the direct correlation
between the high incidence of crime and the number of
alcohol licenses issued. The Police Department has
added a list of conditions they would like implemented
if the Conditional Use Permit is approved. (See
Attachment "C".)
8 . CONCLUSIONS
The size and shape of the parcel is adequate to
accommodate the proposed use and the proposal is
consistent with the Municipal Code and the Interim
Policy Document. While the proposed use is compatible
with the surrounding commercial uses, it 1S not
compatible with the adjacent single-family homes to the
east of the site. The Police Department has concluded
that the area has an over concentration of alcohol
licenses and that the area has the highest crime rate in
the City. Neighboring business owners have expressed
concern for the security of their businesses due to the
presence of the existing 7-10 store. Staff cannot make
'I.
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,....,
.r....,.,
.CITY OF SAN BERNAR 1NO PLANNING DEPARTMENT
CASE CUP 88-52
s
AGENDA ITEM
HEARING DATE
PAGE
9
12/6/88
5
OBSERVATI
the findings that the
surrounding land use
and general welfare
also cannot make the
not contribute to a
outlets in the area.
e will be no detrimental effect on
or to the peace, health, safety
f t~e citizens of the city. Staff
inding that the proposed use will
undue concentration of alcohol
9. RECOMMENDATIoN
Staff recommends that the Planning Commission deny
Conditional Use Permit No. 88-52 based on the attached
Findings of Fact. (See Attachment "B".)
Respectfully submitted,
MICHAEL W. LOEHR,
Interim Director of Planning
I);v~N~
;r'J;~ P. Mulder
(P:)tanner I
v
JPM:cms
Attachment "A" Municipal Code and Interim Policy Document
Conformance
Attachment "B" Findings of Fact
Attachment "c" Police Comments
Attachment "0" site Plan
Attachment "E" Floor Plan
Attachment "F" Location Map
pca.cup8852F
11/29/88
..
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,...,
Attachment "A"
.CITY OF SAN
ERNARD1NO PLANNING DEPARTMENT
CASE CUP 88-52
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
9
12/6/88
6
MUNICIPAL CODE AND INTERIM POLICY DOCUMENT CONFORMANCE
Category
Permitted Use
Proposal
Municipal Code
CUP required
IPD
Off-site sale
of beer & wine
SBMC
Parking
8 spaces
7 spaces
SBMC
\.
Attacnment "l:\"
..
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 88-52
FINDINGS of FACT
AGENDA ITEM 9
HEARING DATE 12/ 6 /88
PAGE 7
1. The proposed use conforms to the objectives of the
City's General Plan in that the Conditional Use Permit
is consistent with the Interim Policy Document adopted
by the Mayor and Common Council May 23, 1988, amended
June 6, 1988 and approved by the state Office of
Planning and Research on June 9, 1988.
2. The proposed use may adversely affect the adjoining land
uses and the growth and development of the area in which
it is to be located in that loitering and consumption of
alcoholic beverages adjacent to the store could create
an adverse impact on surrounding homes and businesses.
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 site has been reviewed and approved for
development and can accommodate the proposed market with
the sale of beer and wine.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area,
and that adequate parking is provided in that traffic
and parking were addressed during the Review of Plans
No. 88-37 and approved. This use will not intensify the
retail use which was presented.
5. The granting of the Conditional Use Permit under the
conditions imposed may be detrimental to the peace,
health and safety and general welfare of the citizens of
the City of San Bernardino in that loitering and
consumption of alcohol about the premises could
contribute to aggressive or criminal behavior which
would endanger surrounding homes and businesses.
6. The introduction of alcoholic beverage sales at the
proposed location will pose significant impacts to the
surrounding land uses due to the proximity of homes and
the effect of loitering and potential criminal behavior
on the security of surrounding businesses.
7. The introduction of alcoholic beverage sales at the
proposed location will not create an adverse impact on
the surrounding traffic pattern nor will a parking
\.
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'-"
-.....I
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 88-52
FINDINGS of FACT
9
12'6/88
AGENDA ITEM
HEARING DATE
PAGE
congestion be generated in that the beer and wine sales
does not intensify the retail use which was considered
in original approval of the center where both traffic
and parking were considered.
8. the proposed sale of alcoholic beverage sales at the
proposed location will not create an adverse impact on
the surrounding traffic pattern nor will a parking
congestion be generated in that the beer and wine sales
does not intensify the retail use which was considered
in original approval of the center where both traffic
and parking were considered.
8. 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 the
proposed use is consistent with the Interim Policy
Document.
9. The proposed use will contribute to an undue
concentration of alcohol outlets in the area in that the
census tract has exceeded the amount of licenses
permitted.
10. There may be a detrimental effect on nearby
residentially-zoned neighborhoods considering the
distance of alcohol outlet to residential buildings,
churches, schools, hospitals, playgrounds, parks, or
other existing alcohol outlets in that the proposed
convenience store is within 100 feet of existing single-
family homes, located to the east of the site.
:cms
pca.cup8852F
11/29/88
.
-
"CITY OF SAN OERNARDiNb"c'~ ~3EMORANDUM
To CHIEF DONALD J. BURNETT
Subject C . U . P .
From SGT. E. L. TULL
Date /1- I (;. - ~
Approved
Date
Cond i t i ona 1 Use Permit /I n- -:;"2-
LOCATION: D ~. 8cnwtS1?)..) "Jr./.. ~ 'i t~ c-;ta .
The attached investigation and recommendation requires your approval.
~/..L#~
E. L. ULL. Sergeant
I concur with this recommendation.
/'
JX~_i-;;;:~~:.-0
Ch1 ef Dona d - . Burnett
.
.' .
APPLICATION
.....';'.
_ POLICE CONCERNS
FOR CONDITIONAL USE PERMITS FOR
""'",
-
ALCOHOL BEVERAGE LICENSES
LOCATION.
Conditional Use Permit Return to Planning by.
No. 88-52
I. Reporting District 550 Previous Year Crime
.
R/D Average +257%
Part I Crimes 294 Part II Arrests no
Person 66 Property 228 Alcohol Related 32 (% )
Previous 90 days
Part I Crimes 120 Part II Arrests 32
Person 20 Property 100 Alcohol Related 40 (% )
II. Census Track 56 Census Count 4,583
Boundaries 7th and the frE"E"way/ Ba&eline/ Waterman/ 9th/ Arrowhead
On-Sale licenses allowed 7 existing 2 pending
Location ~ City Off-Sale Privileges
251 W. Baseline 41 YP~
553 Ii. Baseline 42 YP~
"',
--'
allowed Ii existing , 1
~
20
20
20
20
20
20
20
20
20
21
21
21
21
.'
~
-
Off-Sale Licenses
Location
171-199 W. Baseline
235 E. Baseline
.
771 North '0'
1156 North 'E'
799 North 'H'
998 North 'H'
900 N. Sierra Way
906 N. Waterman
1065 N. Sierra Way
279 E. Baseline
355 W. Baseline
973 North 'E'
695 We!.t 9th
III. General Vicinity
Distance to nearest:
School Lincoln Elementarv
pending
City
Distance
.7 mil..
Church St. Pauls Methodi!.t
.2 mile
Parks Pioneer .3 mile
On-Sale License
Nana'!. .1
5th Avenue .4
Court Street .6
Off-Sale License
Liquor Warehouse .3
Gene'!. Liquor .5
Circle K .5
-"
. .-
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........
,:)
Residential Uses.
Distance of parking lot to residence
732 N. Mayfield
Distance
within 50'
734 N. Mayfield
n
Distance of building to residence
732 N. Mayfield
within 100'
734 N. Mayfield
"
IV. Comments from residents.
See attached
V. Comments from Police Department:
See attached (Lt. DEVLIN)
VI. Police Department recommendation:
See attached
I~.~(~:~
II - /5 ' ~/
Date signed
.
:>
CITY OF SAN gERNARDINO
-
~EMORANDUM
To DONALD J. BURNETT, CHIEF OF POLICE
Subj~ CONDITIONAL USE PERMIT 7-10 MARKET
From Det. R.A. RICE
Date 11-9-88
Approved
Date
APPLICANT: MAMLOUK, ALBERT
1286 S. Florida, Bannin9, CA 92220
NAME OF BUSINESS: 7-10 FOOD STORE
(vacant lot 210' south of 8th Street, east side of '0' Street, San
Bernardino)
During the first week of November, 1988 I received the investigation for CUP 1188-52
in the name of ALBERT MAMLOUK for a proposed business site just south of his current
location, 771 North '0' Street. Mr. MAMLOUK's present buildin9 at 771 North '0' Street
had been condemned by the City of San Bernardi no and he has app 1 i ed for a premi ses-
to-premises transfer of his Type 20 ABC license and is also applying for a conditional
use permit which will be required due to the moving of his business from one location
to another.
COMMENTS FROM AREA RESIDENTS/BUSINESSES:
On 11-7-88 I attempted contact with the residents in the 700 block of Mayfield (the
closest residents to the proposed location). Residents at 726, 730, 732 and 734 were
not home. Thi s four res idences back on the proposed 1 ocat i on. The res ident at 747
North Mayfield states she has never had a problem with the current business at 771
North '0' Street and doesn't think it will bother her when it moves to its new location.
I made contact wi th three bus i nesses in the bus i ness bu i 1 di ng directly south of the
proposed location. At 735 North '0' Street, Casa de San Bernardino, a State and County
funded drug and alcohol counsel ing service. The RP states the inside of the current
7-10 Market is filthy and she has observed drugs being sold in the parking lot of that
business. She wouldn't mind seeing a new business, or building going in that would
be cleaner; however she has observed wino-type people drinking from bottles and brown
paper bags, walking from the store. She states this is common for the local wino-types
and the street people who apparently live at the motel to the south who use the store.
At 725 North '0' Street the RP at Appli-Tech states he has no problems with the current
7-10 Market, however he sees numerous people walking in front of his business with
open containers and assumes they come from this particular market. The RP states that
Mr. MAMLOUK has told him that beer and wine sales are the bulk of his business.
At 721 North '0' Street Public Education, Fair Housing the female RP states she keeps
her busines, doors shut because of the street type people who wander around with open
containers rtnd have wandered into her business. One particular wino type wanders around
this particular business all the time. She believes that most of the foot traffic
to the 7-10 Market comes from the motel (Civic Center) to the south of her business.
She states on many occasions she has come to \,!ork with broken beer bottles and trash
,"
".......
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CtlIEF BURNETT
CONDITION USE PERMIT 7-10 MARKET
PAGE 2
in her parking lot.
To the north of the proposed location I made contact at 789 North '0' Street, a tuxedo
rental shop. The RP states he has had no problem at his business prior to the opening
of the current 7-10 Market, however after the 7-10 Market opened the RP has been robbed
just outside his business. He states that transients continually walk around his
business, loiter and leave their trash to the rear of his business. The RP could not
understand why the other two businesses attached to the 7-10 Market have already moved
out because the city condemned the building, yet MAMLOUK is still open for business
at his market.
I made contact with the Heritage House at the southwest corner of 8th and 'D' Streets.
The RP there states there has been no particul ar problem that she had personally
observed from the 7-10 Market, however the week prior to this date someone broke a
window to the Heritage House, throwing a beer container through the window.
INVESTIGATION:
In the Census Tract /156 wh i ch had boundaries 7th Street to the freeway, Basel i ne to
Waterman, 9th to Arrowhead, there are 13 existing off-sale ABC licenses where only
6 are allowed. The proposed location is in Reporting District /1550 which had crime
states 257% above the average for reporting districts for the City of San Bernardino.
The reporting districts that surround this particular location are also well above
average. Year to date, 32% of the Part II arrests in this reporting district were
alcohol related. During the last 90 days 40% of all part II arrests were alcohol
related.
Duri ng the 1 as t week of October, 1988 in the even i ng hours I went to 7-10 Market as
a customer to purchase soda for a downtown 647b program. As I parked in front of the
store I observed two white male adults in their early 20's standing directly in front
of the open door to 7-10 Market, each in possession and drinking 12 ounce bottles of
Budweiser beer. They were very well illuminated even though it was nighttime and each
had to step back to allow me to enter the store. I identified myself with my badge
advised the subjects they could not be drinking alcohol in this area and advised them
to pour it out and dispose of their containers properly. I entered the store and talked
to a subject known to me as Mr. MAMLOUK and advised him he could not allow these subjects
to purchase alcohol and drink it right in front of his store in his full view. He
advised me they wanted to open the beer in the store and he would not allow them, but
did not see a problem with their drinking outside the store.
COMMENTS FROM THE POLICE DEPARTMENT:
See attached document by Lt. DEVLIN.
POLICE DEPARTMENT RECOMMENDATION:
The Police Department of the City of San Bernardino does not believe that the approval
of this application is in the best interest of the community and the neighborhood in
which it would be located; therefore, this CUP /188-52 will be protested by the Police
Department.
Respecm~:~
\-J~ \{ u.. V \\
R.A. RICE, D'etective/rm ~l\\}'\
. CITY OF SAN,....)ERNARDINO - . "AEMORANDUM
'. ."
To DONALD J. BURNETT, CHIEF OF POLICE
Subject CONDITIONAL USE PERMIT 1/88-52
From
DET. R.A. RICE
11- 14-BB
Date
Approved Date
APPLICANT: MAMLOUK, ALBERT
771 North 'D' Street, San Bernardino
NAME OF BUSINESS: 7-10 FOOD STORE
(east side of 'D' Street, 210' south of Bth Street, San Bernardino)
If the Planning Corrrnission does not follow the desires of the Police Department to
protest this conditional use permit, the following is a list of conditions to be placed
on CUP I/BB-52 to help eliminate any potential police problems.
1. There shall be no cups, glasses, or similar receptacles commonly used for drinking
of beverages whether constructed of glass, plastic, styroform or other material
sold, furnished, or given away at the petitioner's premises in quantities less
than 24.
2. No wine or distilled spirits shall be sold in containers less than 750ml. 12 ounce
wine coolers not be sold in quantities less than four packs.
3. No malt beverage products shall be sold in less than six pack quantities per sale.
4. Quarterly gross sales of all alcohol ic beverages shall not exceed 25% of the
quarterly gross sales of all food products.
5. All ice shall be sold at or about prevailing prices in the area and in quantities
not less than 7 pounds per sale.
6. No coin operated amusement devices shall be maintained on the licensed premises.
7. No a 1 coho 1 i c beverages shall be consumed on any property adj acent to the 1 i censed
premises or under control of the licensee.
B. Hours of operation shall be 9:00AM to 10:00PM.
9. Exterior lighting will be of sufficient power to illuminate any SUSP1C10US
circumstances. A minimum of one (1) foot candle of "maintained" illumination.
10. The posting of signs in consplClOUS places regarding drinking and loitering
(Municipal Code 9.32.020, consuming alcohol in public and 9.52.020, loitering).
..
", - "
~ ...
,.,.....
'-"
.....,""..
CHIEF BURNETT
CONDITIONAL USE PERMIT #88-52
PAGE 2
A 11 the above condi t ions can combat the problems brought on by undue concentrat i on
for this particular location.
Respectfu~s~~
0". R.A .lVcL, y>>
~ DIT.~0
rOO'
Ufuu~ _0
'1'0. LT. rltOM.
VICE DETAIL
SUBJECT. ABC LICENSE APPLICATION DATE. \\-1,~'i
We received a notice on the listed Alcoholic Beverage license
and request your input, p~ior to approving or protesting the
application.
Please return this form
no later than
from you by that date, it
have any interest in this
to the Vice Detail with your comments
If we receive no response
will be considered that you do not
matter.
YOUR COMMENTS: The downtown area is inundatl'd with.off ~ale liQuor. beer
and wine establishments. There are a large number of on sale licenses as
well. In this census track. there are thirteen (13) existing off sale licenses
where only six (6) are supposed to be allowed. The downtown area had the
highest crime rate in the city! ihere is a direct correlation between high
incident of crime and the number of ABC licenses issued. Issuance of this
license will continue to attract more drunks and derelicts to the area. I am
very opposed to the continued
existance/issuance of this license.
BY: (-r:f!sDeJt11~'Lt. ~A~
Ar a B I ,fl.l .
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Attachment "F"
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""'I
CITY OF SAN BERNARDINO
PLANNNG DEPARTMENT
AGENDA
ITEM #
LOCATION
CASE CUP 88-52
HEARING DATE 12/6/88
9
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ALBERT O. HAMLOUK, dba
7-10 MARKET, at 771
Korth "0" Street,
San Bernardino, CA 92401
....,/
APPEAL OF DECISION
OF PLANNING COMMISSION
The undersigned, ALBERT R. MAMLOUK, applicant, does
hereby appeal to the Mayor and the City Council conditions
imposed by the Planning Commission on applicaftt's Conditional
Use Permit #88-52, to transfer his beer and wine license
to the parcel adjacent to applicant's present business.
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Applicant appeals the following conditions:
Condition #2: "No wine or distilled spirits shall
be sold in containers less than 750ml. 12 ounce
wine coolers not be sold in quantities less than
four packs:
Condition #3: "No malt beverage products shall
be sold in less than six pack quantities per sale."
Condi tion #4: "Quarterly gross sales of all alcoholic
beverages shall not exceed 25% of the quarterly
gross sales of all food products."
Condition #6: "No coin operated amusement devices
shall be maintained on the licensed premises."
Condition #8: "Hours of operation shall be 9:00 A.M.
to 10:00 P.M."
The reason for this appeal, is that all of said con-
ditions are newly imposed on applicant's business, and
applicant has a track record of operation showing that none
of these conditions are necessary, and on the further
grounds tha t said condi tions would serious ly impac t the
economic feasibility of relocating applicant's business
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to the adjoining property in a new building.
Respectfully submitted,
ALBER; Il. MAM;(LOUcK
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