HomeMy WebLinkAbout81-Planning
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OITY OF SAN _N"NO - R.QU.ST .... COUNCI~ION,'
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"'t:-" '. ;8.tad J:,. Kilger
,',~':' ,',,' Director of Planning
" ' Planning
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Date: May 31, 1989
Subject:
APPEAL OF PLANNING COMMISSION'S
DENIAL OF CONDITIONAL USE PERMIT
No. 89-12
Mayor and Common Council
June 19, 1989, 2:00 p.m.
Meeting
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Synopsis of Prwlous Council action:
No previous Council Action.
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On May 16, 1989, the Planning Commission voted to deny Conditional
Use Permit No. 89-12 for the sale of beer and wine in a mini-market
by a 7-0 vote.
RIcomJMnded motion:
That the hearing be c10sedl and that the
O the appeal, supports Planning Commission
Conditional Use Permit No. 89-12.'
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May~r and Coun~l ,~ny
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That the hearing Qe closedl and that the Mayor and Council uphold
the appeal and approve Conditional Use,Permit No. 89-12 subject
to revised Findings of Fact and Conditions of Appr
Brad
ContllCt penon:
Brad L. Kilger
Phone:
P14) 384_5357
FUNDING REQUIREMENTS:
Staff Report Werd:
Amount: N/A
Source: IAcct. No,)
Supporting dlltll dlr...hed:
IAcct. DescriDtionl
Finlllce:
encll NotlIs:
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:~. OF SAN _URDlNO
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- R__ST FOR COUNCIL ACTION
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STAFF REPORT
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SUBJECT: APPEAL OF PLANNING COMMISSION'S
CONDITIONAL USE PBRMIT NO. 89-12
DENIAL OF
REOUEST
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To overturn the Planning commission's denial of Conditional
Use Permit 89-12 and allow the sale of beer and wine in a
mini-market.
BACKGROUND
Conditional Use Permit No. 89-12 is an application to allow
the sale of beer and wine for off-site consumption under
authority of San Bernardino Municipal Code Section 19.26.020
(B) 15 on a 1.93 acre parcel located at the southeast corner
of Baseline Avenue and "G" Street. The mini-market would
occupy 2,600 square feet of a 19,697 square foot commercial
center. The underlying zoning is C3A, the Interim Policy
Document land use designation is CG, and the General Plan
land use designation is CG-2. This proposed use is
consistent or allowed in those designations. This applica-
tion is categorically exempt from CEQA.
The 19,697 square foot commercial center with a drive-through
restaurant was approved by a Conditional Use Permit on
January 5, 1988, and a Review of Plans on February 11, 1988.
The center is presently under construction.
Riley Elementary School is located directly across the street
on the northwest corner of Baseline and "GH Street. The
First Baptist Church is located less than one-fifth mile on
IIGII Street. pioneer Park is .9 miles frOJll, the site. There
are two other locations within the block selling beer and
wine. There are six licenses targeted for the census tract
that the site is located in. However, there are currently 14
in the tract and one pending before Alcoholic Beverage
Commission.
The Police Department strongly opposes the granting of
another license in this area due to the high crime rate in
the area and an over concentration of alcohol outlets. Three
neighbors in the area were contacted by the Police Depart-
ment. Two persons objected and one person had no objections
to the proposed outlet.
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APPEAL OF PLANNING COMMISS!ON'S DENIAL OF CUP NO. 89-12
MAY 31, 1989
PACE 2
The appeal is based on the reason that the mini-market is an
economic necessity for the community and without the ability
to sell beer and wine, the mini-market is not economically
viable. Additionally, it is argued that the mini-market is
the major anchor tenant to the center which couldetfect the
econoaic success of the entire center. The applicant has not
provided a .arket study to sUbstaniate these claims and has
presented no evidence that there is not an over-concentration
of alcohol outlets in the area.
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
,~. ; That the Mayor and Council deny the appeal and deny
COnditional Use Permit 89-12 for the sale of beer and wine.
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OR
That the Mayor and Council uphold the appeal and approve
Conditonal Use permit 89-12 subject to revised Findings of
Fact and Conditions of Approval.
RECOMMENDATION BY PLANNING COMMISSION DECISION
It is recOlDllended that the Mayor and Council deny the appeal
and deny Conditional Use Permit 89-12.
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 - PUblic Hearing Notice
D - May 16, 1989 Staff Report
CUP89-12AP
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,,' ' THE SOAAENTO GAOlP
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ATTACHMENT "A"
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May 241, 1989
1M. n !W'!J \l tID
MI\'( 25 1989
Honorable Council Members
City of San Bernardino
, 3/111 NOrth 'D~ St reet
.an Bernardino~ CA. 92418
Re: 685 W. Baseline Avenue
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SAN BERN;.:,~..'''' L,
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Dear Council Members:
The Sorrrento Group is requesting that the City Council
respectfully overturn the Planning Commission~s decision in
denying our application for a Conditional Use Permit allowing the
off-sale of beer and wine for 2~61111 square foot market to be
looated at the captioned address. The Sorrento Group is making
the application for off-sale beer and wine since the sale of
these items are essential for the success of the market. In turn
it is vital to the center to have the market as a tenant.
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Therefore, The Sorrento Group believes that the Conditional Use
Permit should be granted for the following reasons.
1. The market would provide goods and services that are minimal
in a densely populated areal, over 25',111111 people in a one mi le
radiusl, and particularly with the closing of the Alpha Beta
Grocery Store located on Baseline Avenue and Waterman.
2. The market is perceived as a major anchor tenant by other
retailers interested in locating their business in a neighborhood
shopping center. Without the market~ tenants will tend'not to
locate their business in the center since there is not a major
shopping draw to the center. Therefore. the success of the
development is dependent upon the market locating in the center
and its attraction of other tenants to this neighborhood center.
3. The success of our center may be a catalyst to other
development in this redevelopment area. Prior to our project
there has been no commercial development on Baseline Avenue or
the surrounding area. However~ if our center is proven
successful it may lead to a stronger demand for new commercial
projects in an area that has been in need of redevelopment
according to the San Bernardino Redevelopment Agency. Thereforel,
we are seeking the assistance of the City Council in allowing us
to make our center successful.
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4. The market will provide additional tax dollars to the City.
Again~ by having the market in the center other tenants will be
expanding their businesses to our center and increasing City tax
1351 THIRD STREET, SUITE 300. SANTA MONICA, CALIFORNIA 90401 · (213) 395-6577
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ATTACHMENT "A"
revenues. Add it iona llyl, expanding business will be employing
many residents of the community which will assist the economy.
However~ this will be difficult to achieve without the market
locating in our center.
The Sorrento Group is requesting the City Council to overturn the
denial of the planning commission based on the markets major
economic impact on the center~ the supply and demand of goods
required by the communityl, and the importance of the success of
the center with its direct ramification on future development in
this redevelopment area.
Truly yoursl,
THE SORRENTO GROUP
w&.. ~
Alan Gottlieb
. 0 AG/tan
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ATTACHMENT liB"
City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISS"ION ACTION
PROJECT
Number:
CONDITIONAL USE PERMIT NO. 89-12
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Applicant:
Sorrento Group
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ACTION
Meeting Date: May 16, 1989
Approved Adoption of Negative Declaration and
Request Subject to the Following Findings of
Fact, Conditions of Approval and Standard
Requirements.
Denied.
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Other.
FINDINGS OF FACT
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1.
The proposed Conditional Use Permit is consistent with
the objectives of the City's General Plan in that the
project is consistent with the Interim Policy Document
and the Preferred Land Use alternative land use design-
ation for a site which allows for alcoholic beverage
sales for off-site consumption with a Conditional Use
Permit.
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2. The proposed use will adversely affect the adjoining
land uses and the growth and development of the area in
which it is proposed to be located in that the proposed
site is less than 100 feet from a residential district,
and less than 1 mile from a church, park and school
3. The size and shape of the site proposed for the use are
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
not the peace, health, safety and general welfare in
that the commercial center met the CIty's requirements
for landscaping, parking and circulation at the time of
development, the area is zone for commercial uses, and
has been developed consistently for commercial uses.
The traffic generated by the proposed project will not
impose an undue burden upon the streets and highways
designed and improve to carry the traffic in the area in
that the sale of alcohol for off-site consumption will
not intensify traffic generation.
4.
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AT'1'ACHMENT "B"
city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION AC'1'ION
Conditional Use Permit NO. 89-12
Paqe 2
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5.
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7.
The qrantinq of this Conditional Use permit under the
conditions imposed will be detrimental to the peace,
health, safety, and qeneral welfare of the citizens of
San Bernardino in that there is an over concentration in
the area and the site is less than 100 feet from a
residential district, and less than one mile form a
church, park and school.
The Planninq Department has investiqated whether the
land ~se project identified in Conditional Use Permit
No. 89-12 application is consistent with the land use
desiqnations and pOlicies in the Preferred Land Use
Alternative Map and the Interim Policy document. The
proposed land use project is consistent with the Interim
Policy Document, adopted by the Mayor and common council
on May 23, 1988, amended on June 6, 1988, and AUqQst 1,
1988, and approved by the State Office of Planninq and
Research on June 9, 1988, in that the Document and Map
desiqnates the proposed site for CG, Commercial General
which allows mini-market to sell alcoholic beveraqes
with an approved Conditional Use Permit.
The introduction of alcoholic beveraqes sales at the
proposed location will pose siqnificant impacts to the
surroundinq land uses as the site is less than 100 feet
from a residential structure, and less than one mile
from church, park and school.
The proposed use will contribute to an undue concent-
ration of alcohol outlets in the area in that 14 outlets
exist in the immediate area for off-sale and only six
are allowed.
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9.
There will be detrimental effects on nearby resident-
ially zoned neiqhborhoods considerinq the distance of
alcohol outlets to residential buildinqs, churches,
schools, hospitals, playqrounds, parks or other existinq
alcohol outlets as the existinq commercial center is
less than 100 feet from the residential district and
within one-tenth mile of a school district and two-
tenths of a mile from a church.
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CONDITIONS OF APPROVAL
This project was approved subject to the attached conditions
and standard requirements contained in Attachment A.
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ATTACHMENT "B"
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
conditional Use permit NO. 89-12
Page 3
YQD.
Ayes:
Nays:
Abstain:
Absent:
Brown,
Stone
None
None'
Sharp
Cole,
Corona,
Lindseth,
Lopez,
Nierman,
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I, hereby,
accurately
commission
certify that this Statement of
reflects the final determination
of the city of San Bernardino.
Official Action
of the Planning
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Brad L. Ki ger, Director of Planning
Name and Title
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cc: Project Property Owner
Project Applicant
Building and Safety Dept.
Engineering Division
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PCAGENDA:
PCACTIONB
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ATTACHMENT "c"
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Public Hearing Notice
A notice of appeal hearing was sent to property owners within
500 feet of the subject property at least ten days prior
to the hearing, as per Municipal Code Section 19.81.020.
A copy of this notice is attached.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
SUMMARY
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AGENDA ITEM 9 .
HEARINGOATE r;-11'i-Rq
WAR 2
App\"ICANT: orren 0 roup
1351 Third street '300
Santa Monica, CA 90401
~ER: Baseline and "G" Street
Partners .'
1351 ThridStreet 1300
Santa Monica,' CA 90401
W Con~itional Use Pe~it 89-12
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~ The applicant requests approval of a Conditional Use Pe~it
, :) to allow the saiE\! of alcholicbeverageiil ,for offsi~e con-
= sumptionunder authority of San Bernardi,no Muni~ipal Code
a:: Section 19.26.020 (B) 15. . '
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The L 93
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acre. parcel is
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EXISTING
LAND USE
commercial'Center
Commercial
Residential
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col,llllierciailRes.ideriti,aJ, ,
Interim Policy
Document
COllllllElrcial Gen.
cOlIIII\8rcial Gen.
Residential Ned.
COl\lIlIerci,al Urban
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PROPERTY
Subject
North .
South
East
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ZONING
C 3 A
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WITH MITIGATING e:i 0 CONDITIONS
MEA~URES NO E.I,R. .'
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SIGNIFICANT EFFECTS si
WITH IIIITIGATING 0 CONTINUANCE TO
MEASURES
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SEE ATTACHEO E.R. C,
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, " , CASE ~PU-'12
SOBSERVATIONS =:.':. ~~-16-89
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The applicant requestsaPllfoVd 'of a' conc1ft.iorial Use Permit
under authority of Cod. Section 19.26.020 (B) 15 to sell
alcobolicbeverages for off-site consumption in a mini-market
which will OCQUpy a 2,600 square foot unit of a 19,697 square
foot c~rcial center located in the C-3A, Limited General
Commercial District (See Attachment "E"- site Plan).
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The subjec;:t property'i'Ili."~3';a~r.'Pi!lrc.t;;~ocat.a'"at: the'
southeast corner of &.seline Avenue and "G" street (see
Attachment ltF" - Location Map) .
3. MUlUCr1>AL CODE AND GENERAL 'P~ C9NFORMANC'
'The proposed use is consistent with the San Bernardino I(\1ni-
cipal Code as shown in Attachment "A" and the Interim policy
Document (rPD) adopted by the Mayor and Co_on Council on May
'23, 1988, and amended on June 6, 1988 and August 1, 1988, and
approved by the State Office of Planning and Research on June
9, 1998. The Interim Policy Document designates the acre GC-
Commercial General (see Attachment "A", Municipal Code and
General plan Conformance).
4.
CEOA STATUS
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The application is ex~.' ,troll' theclilllt6l:h1'a
Quality Act under Section 15303 Class 3C.
5. BACKGROUND
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A Conditional Use permit was approvedfc>rthisdtetortwo
drive~through restaurants and a 19~697 square foot cOmmercial
center on January 5, 1988. The site plan was later revised
to remove one drive-through restaurant with Review of Plans
88-12, approved February 11, 1988 The commercial center is
currently under construction.
The site originally contained three, i:)UlbOard signs." ,'l'WQ'ot
these signs have been removed and the ,third . is'scheduled'for
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. .. CASE ~TT'DQQ_1,) .
OBSERVATIONS
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AGENDA ntM l!
H!AlUMG o.rE 5-16-89
r8llovaL, " The 81gn owne;s cUd not bave' a Co~itional Use
Perlllit(et)p) .for the billboards as the s~ce.w&s'leas~d prior
to CUP ):)eing required. Further, the signs were not a 'part of
the approved site plans. Billboard signs will not be allowed
on .the site. . .
Rapently, a ..inor modifiqatlOJl. to~e.it~plan wasproc::el!sed '.
in orciertoenla1'ge the drive-throughre.ta.ura.nt. The minor
modification wa.s approved. The center under construction
meets ~e San Bernardino Municipal Code requirements for
parleing', landscaping, I!etbacks and circulation.
6. AN~JS:IS.
:In considering an . &pp1.foatiotlforthe . Ale' of a.le:Oholic
beverages,. the location of the site in relationship to
schools, churches, parles and residential uses must be
analyzed. Further, the number of facilities offering alco-
holic beverages for off-site consumption, in relationship to
the n~er allowed in the census tract must be compared. In
addition, the crime rate for the area must be evaluated in
terms of. the average crime rate for . the City and the per":
centage of alcoholic-related incidentl!.
THE PROPOSED :LOC1oT:ION
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The cODllllercial center ililPbsitionea ,t.th. ~~ther.nbdtder;()t
the property. The drive";througb ;estaurantis' planned for
the western quarter of the site which fronts on Bas!!line. .
~arkin9 spaces surround the restaurant. The eastern quarter
of the site is parking and landscaping. The mini-market for
which the Off-site license is requested is proposed for the
southeast corner of the commercial center.
SURROUNDING LAND USE
The property .fronts Base1in~ Av.enue.' eOm...rcial. . development.
is located to the north, east and west, Which also fronts on
Baseline Avenue. An apartment building is adjacent to the
south. The lot is 300 feet deep and two single-family homes
are across ltG"Street from the commercial center. Both the
house. and tbe apartment building are within 100 feet Of the
center's parking lot, which is the minimum distance allowed
, by the Police Department. However, the lot is 300 feet wide
and the proposed location of the mini-market is 230 feet .
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.CITY'OF"SAN BERNARDINO PLANNING DEPARTMENT
. CASE: CUP89-l2
OBSERVATIONS
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AGENDA 111M
HEARING DA1E
9
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distant f~om "G" street.
The center is diagonally across Baseline street from the
Riley Elementary School which is located less than one-tenth
of a mile from the proposed site.
CHURCHES AND PARKS IN AREA
The First Baptist Church is located just north of Baseline on
'"G" street, less than one-fifth of a mile from the proposed
site.Pioneer'park is located about .9 miles from the site.
OTHER OFF-SITE FACILITIES
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Within the same block, there are two other locations at which
beer and wine are sold. An Arco AM-PM Market is located at
the northeast corner of Baseline and "H" Streets. A Standard
station which has a beer and wine license is located on the
, southeast corner of Baseline and "H" Streets. There are six
licenses allowed in this census tract. However, currently
there are 14 in the tract and one pending. Allowing another
outlet in this reporting area would violate ABC Rule 61.3 in
that it would contribute to the undue concentration in the
area.
CRIME IN THE AREA
The police reporting district for this ' proposal is Nwnber
570. The crime rate in this district 'is 177% above the
average crime rate for the City. There were 203 arrests in
the area in the last year, 58 of which were alcohol related.
Nearly 30% of all crimes in the district were alcohol
related. The attached police report states that the
surrounding reporting stations to the north, south and east
also have high crime rates (see Attachment "C" -Police
Report) .
7 . COMMENTS
The Police Department strongly opposes the granting of
another,license to sell alcoholic beverages in this district
due to the over concentration of outlet and the high crime
rate. Several neighbors were contacted by the police and
have voiced objections to the license because of the existing
crime in the area.
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'.CliY OF SAN BERNARDINO PLANNING DEPARTMENT
. CASE ,CUP89-12
OBSERVATIONS, ="~:G~~5-16-89
b.
8. COJfCLU$IQN
The 'proposal' is located within" a c",ntertnat meets, City
requirements for landscaping,' parking and circulation. The
center is located in an area with over twice as many outlets
for alcoholic beverages than recommended. The crime rate in
the district is 177' higher than the averaqe for the City.
The site is within 100 feet of several residences, and less
than 1 mile from a school, park and church.
9. ~CO~DATION
Staff recommends that the ',Pla:nninq , commission deny Condi...
tional Use Permit NO. 89-12, subject to the attached Findinqs
of Fact.
c
"'-'
Respectf~lly submitted,
lqer
Direct r of Planning
~.Rnu
Vivian Ra; ~
Planner II
ATTACHMENT
. "
A Munciipal code and G.ne~al Plan,Conformance"
B Findinqs of Fact
C Police Report
o 'Floor Plan
E site Plan
F Location Map
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Ct1P89...12 '
Itemt9
Hearing Pt.: 5-16-ijQ
Page
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cODB~DGBNBiw.PWfCO"J'()~CB
CATEGQJty
Land Use
, PRopqSAL,
1
MUNICIPAL ~QE' , 'U~WN RDA
Sales of beer- Requires CUP
wine, in a comm.
center '
, '
DElfer to SBMC
20' - 25"
45'
'Oeferto SBMC
, SetbackS
Front
Side'
Rear
10'
10'
None
5'
5'
None
10'
10'
I
, Defer to,SBMC
290',x 300'
No minimUm
~fer to SBMC
",I.ot
, COverage
20'
50'
";- .,
Parking
136
109
Drive-thru 1 space per 60 square feet of Gross Floor Area
Retail ' 1 space per 250 square feet of Gros~ Floor Area
.....
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP89-l2
FINDINGS of FACT
AGENDA ITEM 9,
HEARING. DATE
PAGE II
:>-.l0-09
. CONDITIONAL USE PERMIT - REQUIRED FINDINGS
1. The proposed Conditional Use Permit is consistent with
the objectives of the City'S General Plan in that the
project is consistent with the Interim Policy Document
and the Preferred Land Use alternative land use design-
ation for a site which allows for alcoholic beverage
sales for off-site oonsumption with a conditional Use
Permit.
2. The proposed use wil~ adversely affect the adjoining
land uses and the growth and development of the area in
which it is proposed to be located in that the proposed
site is less than 100 feet from a residential district,
and less than 1 mile from a church, park and school
The size and shape of the site proposed for the use are
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
not the peace, health, safety and general welfare in
that the commercial center met the City's requirements
for landscaping, parking and circulation at the time of
development, the area is zone for commercial uses, and
has .been developed consistently for commercial uses.
4. The traffic generated by the proposed project will not
impose an undue burden upon the streets and highways
designed and improve to carry the traffic in the area in
that the sale of alcohol for off-site consumption will
not intensify traffic generation. .
3.
5. The granting of this Conditional Use Permit under the
conditions imposed will be detrimental to the peace,
health, safety, and general welfare of the citizens of
San Bernardino in that there is an over concentration in
the area and the site is less .than 100 feet from a
residential district, and less than one mile form a
church, park and school.
6.
The Planning Department has investigated whether the
land use project identified in . Conditional Use Permit
No..89..:12 application. is consistent with the land. use
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE ClJPSQ-12
FINDINGS of FACT
AG~NOAITEM Q
HEARING OATE 5-16-89
. ~
designations and policies in the Preferred Land Use
Alternative Map and the Interim Policy Document. The
proposed land use project is consistent with the Interim
Policy Document, adopted by the Mayor and COmmon Council
on May 23, 1988, amended on June 6, 1988, and August. 1,
1988, and approved by the state Office of Planning and
Research on June 9,. 1988, in that the Document and Map
designates the proposed site for CG, commercial General
which allows mini-market to sell alcoholic beverages
with an approved Conditional Use Permit.
7. The introduction of alcoholic beverages sales at the
proposed location will pose significant impacts to the
surrounding land uses as the site is less than 100 feet
from a residential structure, and less than one mile
from church, park and school.
8. . The proposed use will contribute to an undue concent-
ration of alcohol outlets in the area in that 14 outlets
exist in the immediate area for off-sale and only six
are allowed.
9. There will be detrimental effects on nearby resident-
ially zoned neighborhoods considering .the distance of
alcohol outlets to residential buildings, churches,
schools, hospitals, playgrounds, parks or other existing
alcohol outlets as the existing commercial center is
less than 100 feet from the residential district and
within one-tenth mile of a school district and two-
tenths of a mile form a church.
. PCAGENDA:CUP89-12F
Ill!
-1
CITY OF SAN~ERNARDlt~iO
o
MEMORANDUM
-
o
To
DONALD J. BURNETT, CHIEF OF POLICE
From DET. R. SPINflLEH
Subject
C.U.P. #89-12
Date 4'-19-89
;,/ J I ',I'
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Agenda Item# 9
Approved
Date
APPLICANT: The Sorrento Group
1351 3rd Street, Suite #300
Santa Monica, CA 90401 213-395-6577
On or about 4-5-89 I received the investigation for C.U.P. #89-12 111
the name of The Sorreno Group for a proposed business site located
on the sOutheast corner of Baseline and 'G' Street. The detailed
description of the project is a retail center approximately 19,b97
square feet. This project is currently under construction and lhi,
conditional use permit has been sought for the off-site sales of bh'l
and wine. The zoning designation is C-3A and the general plan
designation is General Commercial.
o
The applicant requests a conditional use permit to sell beer and wine
in a 2,600 square foot retail center located in the 19,697 square to",
building. The Project site at the southeast corner of Baseline and
'G' Street is located on an 88,000 square foot lot. The Sorren to (; t Olll
is a California corporation for California Mini Markets. The actual
type of business proposed is a market which will engage in the retdi I
sale of grocery items, dry goods, sundries, packaged meats, prodll"",
soft drinks, milk, beer and wine. Approximately 300 square feel of
the proposed market will be used for the sales and storage of beer
and wine. The hours of operation are projected to be 6AM to lAM.
The total anticipated number of employees is eight and the totd I nllmh,. I
of employees on the site at anyone time is three.
The proposed site is located within Reporting District #570 which har!
crime stats 177% above the average for reporting districts in San
Bernardino. 29.6% of the Part II arrests in this reporting distril,t
were alcohol related. During the past 90 days 14% of all Part II ane:;lc;
were alcohol related.
The proposed site is located within Census Tract #56. The census cOllnt
for this tract as of 1-1-86 was 4,853. The boundaries for this census
tract are Waterman Avenue from 9th to Baseline; Baseline from Watermdll
to the 1-215 freeway; the freeway from Baseline to 7th Street; 7th
Street from the freeway to Arrowhead Avenue; Arrowhead from 7th to
9th Streets; 9th Street from Arrowhead to Waterman. There are fiv"
existing on-sale licenses within this census tract. There are seV"fl
licenses allowed for Census Tract #56 and there are no pending
applications.
o
There are 14 existing off-sale licensed locations in Census Tract #5h
which allows for only six off-sale licenses and there is one lir.ens<'
pending.
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Iii )NM,[) .I. BURNETT
1<1:: CliP #89-12
I',"d ;\,: )
I 'JMMEN'l'S FROM AREA RESIDENTS:
i I "'1 the course of this investigation I contacted several residents
',I live in the immediate vicinity of the proposed site. I talked
" i tit M lldred Evans. 1139 North 'G' Street. This residence is 60' south
,t lite proposed site. Evans told me she had no objections to the
'"ldIll'€' of this ABC license.
IIttempted contact with the resident who lives directly north of 1139
N,,' th 'G' Street. There was no one home at the time and the exact
,1I1dress was not displayed. This residence borders the proposed site.
",I ked wi th Amelia Howard, 1168 North 'G' Street, which is located
d , Il'" t ] Y wes t and across the street (' G') from the proposed site.
i",,' p,')perty is approximately 70' west of the proposed site. Amelia
!I"wdrd told me that she is very much opposed to the issuance of this
! , 'pnse dS she believes it will enhance the existing wino and narcotic
,,'Idled problems in the neighborhood. Ms. Howard told me that she
, " I Is \. he police department at least' two times a month regarding the
" "liS who loiter in the area.
()
I h,-", ,;poke with Maria Arias,' 1156 North 'G' Street which is located
01",'('1 iy west and across 'G' Street from the proposed site. The'property
,,; [(Wilted approximately 70' west of the proposed site. Maria Arias
Id me that she objects to the issuance of another license in her
"'lhl)()rhood. She told me that the Shell Station and the AM-PM Mini
r.1 'r k,' I II ['e located one block away from her residence at Baseline and
'II' S t ".let s. She does not believe that another ABC license location
1I,,('d,'d ",hen there are so many locations already established.
\IMMENTS FROM THE POLICE DEPARTMENT:
" ,d l.Jehed document by Lt. Devlin.
, I,'r: Dr;PARTMENT RECOMMENDATIONS:
I''', l,'e Department does not believe that the approval of this
"" I", ilwn is in the best interest of the community and the neighborhood
,,,1'1," it would be loca ted. ABC Rule 61. 3 (undue concentration)
"i'i'1 u's j Il that the reporting district crime stats far exceed the average
! 'I "I! reporting districts within San Bernardino. ABC Rule 61.3 also
""1'\ IC'; in that there are six allowed off-sale licenses within Census
!' ,,,'I #',(> dnd fourteen currently exists with one pending. ABC Rule
, !. 4 (p nlxlmi ty to res idences) also applies in that the premises are
!,',II"d within 100' of a residence and the parking lot and/or parking
",'t' '" dlso located within 100' of a residence.
o
'"I.,y Elementary School, 1266 North 'G' Street is located on the northwest
,"rnE'r o[Baseline and 'G' Street. The presence of another ABC licensed
o
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DONALD .J. BURNETT
RE. CUP 89-12
PAGE a
n"J/'kc:t i.nthe close proxi.mity of the elementary school would provide
yd another undesirable location for elementary school age children
to congregate. Public convenience could not be argued as a reason
lor the approval of an ABC license at the proposed location. There
are several existing sites to provide for the on and/or off-sale of
alcoholic beverages within one mile of the proposed site. The Shanty
Rar. 617 West Baseline provides for the on-sale of beer, wine, and
dislilled spirits and is located approximately 1/10 of a mile from
the proposed site. The Brown Derby Bar, 553 West Baseline provides
for the on-sale of beer and wine and is located approximately 2/10
,ll a mile from the proposed site. The Shell Gas Station located at
/'I'} West. Baseline provides for the off-sale of beer and wine and is
I"cated approximately 1/10 of a mile from the proposed site. 'The AM-
I'M Mi II i Market, 794 West Baseline also provides for the off-sale of
1'('('1 and wine and is located approximately 1/10 of a mile from the'
I'loposed site.
Q
It should be noted that the neighboring reporting districts are well
,,!,ove average in crime for reporting districts. Reporting District
hOil is Located directly north of Reporting District #570 and has crime
S!<lt.s 143% above the average for reporting district in San Bernardino.
Reporting District #560 is located south of Reporting District #570
,lIld has crime stats 541% above the average for reporting districts
in San Bernardino. Reporting District #580 is located east of Reporting
District #570 and has crime stats 288% above the average for reporting
dlstricts.
As p,"eviously mentioned, the proposed site is located within Census
I"dct #~6. Census Tract #55 is north of Census Tract #56 and allows
1<;1' seven on-sale sites with eleven existing. It also allows for six
"I f "sa Le sites and eight exist. Census Tract #57 is located south
.>1 (.'''"SUS Tract #56 and allows for one on-sale site with 25 existing.
II dll<>ws fur one off-sale site and seven exist. Census Tract #58
". located southeast of Census Tract #56 and allows for four on-sale
"lles and three exist. It allows for three off-sale sites and six
( i( 1st.
o
,'III' #89-12 will be protested by the Police Department due to the apparent
IIlgh rrime statistics and the saturation problems in the area. Further-
mOle, the approval of Conditional Use Permit #89-12 would not enhance
I'ul> 1 i c convenience and another ABC licensed premises in close proximity
to Riley Elementary SchOOl would provide another undesirable location
lor elementary school aged children to congregate.
~. sp ndler, Detective~~~!
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Iteml! 9
Hearing Dt: 5-16-89
POLICE COIIC.INS
() APPLICATION FOR CONDITIONAL USE PERMITS FOR ALCOHOL
_ LOCA'l'IO'" SIE corner of Baseline and 'G' Street
BEVERAGE LICENSES
Conditional Use Permit
No. 89-12
I. Reporting District 570
Return to Planning by.
A_"K;..R9
Previous Year Crime
462
RID Average .. 177
Part I Crimes 273
Person 83 Property 190
Previous 90 days
Part I Crimes 106
Person 36 Property 70
II. Census Track 56
Part II Arrests 189
Alcohol Related
56 = 29.6%
(' )
Part II Arrests 14
Alcohol Related
2 = 14%
(' )
Census Count
4,853 (1-1-86)
Boundaries Wat~nren (Qth to RR~linel. R;:i~line (Waterman to 1-215 freeway)
1-215 (Baseline to 7th), 7th (freeway to Arrowhead), Arrowhead (7th to 9th Street),
() 9th St. (A~ to Watenranl
on-Sale licenses 5
Location
251 W. Baseline
553 W. Baseline
617 W. Baseline
1177 North 'E'
948 N. Waterman
allowed
7
exist ing
5
pending 0
!Xl!! City Off-Sale Privileges
41 yes
42 yes
48 yes
48 yes
42 yes
()
0 0 CUP89-12
Item# 9
Hearing Dt. 5-16-89
Off-Sale Licenses 14 a 11o_d 6 existing 14 pending 1
C Location !IP.! City
177-199 W. Baseline 20 yes
279 E. Baseline" 21 yes
J:Sase.lJ.ne --
~,j:>> IS. 20 yes
Vi'; w Raa:ol;no Jl )68
771 North '.D' 20 yes
973 North 'E' 21 yes
IB~ l...ur-ch '~I ;/0 yes
799 North 'HI "0 Y9~
998 North 'H' 20 yes
695 West 9th 21 yes
gee IJ. 3~~""J..a Wo.1 ~u yes
1065 N. Sierra Way 70 yp.Q
906 N. Waterman 20 yes
799 W. Baseline 20 yes
() 700 North 'F' 20 (pending) yes
111. General Vicinity
Distance to nearest,
Distance
School
Riley Elementary
1266 North MG' St.
less than .1 mile
Church
First Baptist Church
1024 North 'G' St.
.7 milp-
Parks
Piqneer Park (6th and 'F')
. 9 mi Ie
On-Sale License
617 W. Baseline - Shanty
.1 mile
Brown Derby. 553 W. Baseline
.2 mile
o
Off-Sale License
Shell Gas. 799 W. Baseline
. 1 mile
AM-PM Mini Market. 794 W. Baseline
. 1 mile
.
.L
.
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CUP 89-12
Item# 9
Hearing Dt. 5-16-89
o
Residential Uses:
Distance of parking lot to residence
One residence north of 1139 North 'G' St.
Distance
borders site
1139 North 'G' .St.
60'
1156 North 'G' St.
70'
Distance of building to residence
1139 North 'G' St.
60'
1156 North 'G' st.
70'
residence north of 1139 North 'G' St.
borders site
IV. Comments from residents:
See investigation
See attached memo
OV.
Comments from Police Department:
See attached memo
VI. Police Department recommendation:
See attached memo
/f-l9f9.
Date signed
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LT. :;: DEVll,J
PItON.
CUP 89-12
Itemfl .Cj
D\e"a.r 1tg~;%N l>~c+.'::-8 9
VICI DETAIL
L/-t ,f/
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SUBJECT. ABC LICENSE APPLICATION
NEfti IYlt .dO 0# 9/(f. Effit';I'\hAiE'
DATE.
We received a notice on the listed Alcoholic.Beverage license
and request your input, prior to approving or protesting the
application.
Please return this form~to tb@ Vice Detail with your comments
no later than L/-/3-tf9 r.Llt.vr21 . If we receive no response
from you by that date, it will be considered that you do not
heve enyinterest in this matter.
ADDRESS. SEe .Mseu",e ~I.) '~/I...J'A5;.
,...
APPLICANT. ~ c:VR-e'EAI7O ,4'/Zoto!J ).
TYPE OF LICENSE. /11M) 1/1ftr..:J 0 m- StILl B f f k ~'/.) I J //V E' ~
Q
YOUR COMMENTS. There is a direct correlation b~twppn crim.. "ntl th.. nllmh....
of alcoholic beverage licenses issued. Census tract 56 (with a census count
of 4.853 1-1-86) allows for 6 off sale licenses. There .are 14 existinQ with
one pending. There are also 4 on sale licenses in the tract. It is not
surprising to note that the area is 177% above average in reported crime.
We do not need another establishment selling alcoholic beverages to the winos,
drunkst transients, derilicts or exoosina stud~nt~ frnm thp gr~mm~r ~rhnn'
across the street to the activity which is precipated as a result. Police service
will be further impacted by the issuance of yet another alcoholic beverage
Oo"e
1 i cense whose numbers1al ready 250% over what the cfhsus tract recOOlllends.
I am very much opposed to the issuance of this or other similar licenses at
4:) this location.
ATTACHMENT "D" 0
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Item II 9
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. CITY OF SAN BERNARDINO PLANNING DEPARTMENT
AGENDA
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