HomeMy WebLinkAbout39-Planning
Clo. OF SAN BIERNARDICb - RIEQUIEO FOR COUNCI~~
From:
Brad L. Kilger
Director of Planning
Planning
Subject:
APPEAL OF PLANNING CO~1ISSION'S
DENIAL OF CONDITIONAL USE PERMIT
No. 89-12
Dept:
Date: May 31, 1989
Mayor and Common Council Meeting
June 19, 1989, 2:00 p.m.
Synopsis of Previous Council action:
No previous Council Action.
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
.bya 7-0 vote.
i":;: "'"
<':.., n:j
'-..") C''')
tJ y:5
,
, ~
C.) ~:.,
"1.J
:.;t.,: ."":,.
Recommended motion:
That the hearing be closed; and that the
the appeal, supports Planning Commission
Conditional Use Permit No. 89-12.
-:-;:.. ':)
Mayor and Coun~l .dhny
Action, and deny
OR
That the hearing be closed; 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 Kilger
tor of Pla
Contact person:
Brad L. Kilqer
Phone:
(714) 384-5357
FUNDING REQUIREMENTS:
Staff Report Ward:
Amount: N/A
Supporting data attached:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item NO~ ~
L
Clf-t OF SAN BERNARDI~ - RIEQUIEQ FOR COUNCIL ACTI~
STAFF REPORT
"'
SUBJECT: APPEAL OF PLANNING COMMISSION'S
CONDITIONAL USE PERMIT NO. 89-12
DENIAL
OF
REOUEST
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
restaurant
January 5,
The center
square foot commercial center with a drive-through
was approved by a Conditional Use Permit on
1988, and a Review of Plans on February 11, 1988.
is presently under construction.
Riley Elementary School is located directly across the street
on the northwest corner of Baseline and "G" Street. The
First Baptist Church is located less than one-fifth, mile on
"G" Street. pioneer Park is .9 miles frOm 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.
,
75-0264
~
-
-
. Q.
o
o
o
APPEAL OF PLANNING COMMISSION'S DENIAL OF CUP NO. 89-12
MAY 31, 1989
PAGE: 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 could effect the
economic success of the entire center. The applicant has not
provided a market 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.
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 recommended 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
~1HE
OTACHMENT "A" 0
SOAAENTO GAOUP
o
\-' '
May 241, 1989
Honorable Council Members
City of San Bernardino
333 North 'D" Street
San Bernardino~ CA. 92418
",i ,-
~t;~9
L '_ ,~'...
... .
',,'.'
Re: 635 W. Baseline Avenue
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 2~633 square foot market to be
located 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.
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 a real, over 251, CJ\!3 people in a one mi le
radius~ 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. Therefore',
we are seeking the assistance of the City Council in allowing us
to make our center successful.
4. The market will provide additional tax dollars to the City.
Againl, 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
. o.
O-rACHMENT "A" 0
o
,
revenues. Additionallyl, 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
econamic impact on t.he center', the supply and demand of goods
required by the community', and the importance. of the success of
the center with its direct ramification on future development in
this redevelopment area.
Truly yours',
THE SORRENTO GROUP
&--- (J~
Alan Gottlieb
AG/tan
'0-
OTACHMENT "B" 0
city of San Bernardino
o
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
CONDITIONAL USE PERMIT NO. 89-12
Applicant:
Sorrento Group
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.
x
Denied.
Other.
FINDINGS OF FACT
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.
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.
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.
-0
OACHMENT "B" 0
city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
Conditional Use Permit NO. 89-12
Page 2
o
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
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 from a church.
CO~~IONS OF APPROVAL
This project was approved subject to the attached' conditions
and standard requirements contained in Attachment A.
. o.
o
o
o
ATTACHMENT "B"
city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
conditional Use Permit NO. 89-12
Page 3
VOTE
Nays:
Abstain:
Absent:
Brown,
Stone
None
None
Sharp
cole,
Corona,
Lindseth,
Lopez,
Nierman,
Ayes:
0~
Signat re
certify that this Statement of
reflects the final determination
of the city of San Bernardino.
-7
Brad L. Kilger, Director of Planning
Name and Title
Official Action
of the Planning
I, hereby,
accurately
Commission
r~
cc: Project Property OWner
Project Applicant
Building and Safety Dept.
Engineering Division
jnmg
PCAGENDA:
PCACTIONB
. (J.
-
o
ATTACHMENT
o
o
"e"
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.
O.
r .
CITY .OF SAN
QTTACHMENT "0,,0 0
BERNARDINO PLANNING DEPARTMENT""'
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
9
'i-16-RQ
2
~
...
W conditional Use Permit 89-12
U)
<I
o
APPLICANT: orrento roup
1351 Third Street i300
Santa Monica, CA 90401
OWNER: Baseline and "G" Street
Partners
1351 Thrid Street i300
-'
it;
. IAl
I:)
'0
""
a:
.....
<I
W
a:
<I
Santa Monica, CA 90401
The applicant requests approval of a Conditional Use Permit
to allow the sale of alcholic beverages for off site con-
sumption under authority of San Bernardino Municipal Code
Section 19.26.020(BI 15.
The 1.93 acre parcel is located at the southeast corner of
Baseline Avenue and "G" Street.
PROPERTY
Subject
North
South
E.'lst
West
EXISTING
LAND USE
commercial Center
Commercial
Residential
Commercial
Commercial/Residential
ZONING
C 3 A
C 3
R 3
C 3
C 3
Interim Policy
Document
Commercial Gen.
Commercial Gen.
Residential Med.
Commercial Urban
Commercial/Res.
./ ~,*Hffit'7'St~f.ln: Ui YES DYES OZONE A ( lU YES )
\-... FLOOO HAZARD
>lAZARD.ZONE oNO ZONE I3i NO OZONE B SEWERS ONO
/''' DYES DYES GaYES
{ HIGH FIRE AIRPORT NOISE I
I
, HAZARO ZONE lUNO CRASH ZONE ~NO oNO
..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING - 0
zen MEA!!URES NO E.!.R. tc CONDITIONS
"'CD Q EXEMPT o HR. REQUIRED BUT NO &1.0 ua
2z &1.15 DENIAL
Z- SIGNIFICANT EFFECTS
00 WITH MITIGATING j!!:. 0
a::Z MEASURES 02 CONTINUANCE TO
>LL oNO o SIGNIFICANT EFFECTS 0
~ Z 0
.1Al SIGNIFICANT SEE ATTACHED E.R. C. W
EFFECTS MINUTES a::
Ny\! 1911 IIIEY'It:D .JULY ....
..,
l
"
o.
o
o
o
.CITY OF SA~ BERNARDINO P~~ED~N:I~MENT
OBSERVATIONS AGENDA rrDI. ~.
HEARING DATE 5-16-89
-
1. REOUEST
The applicant requests approval of a Conditional Use Permit
under authority of Code Section 19.26.020 (B) 15 to sell
alcoholic beverages for off-site consumption in a mini-market
which will occupy a 2,600 square foot unit of a 19,697 square
foot commercial center located in the C-3A, Limited General
Commercial District (See Attachment "E"- Site Plan).
2. SITE LOCATIO~
~
The subject property is a 1.93
southeast corner of Baseline
Attachment "F" - Location Map).
3. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
acre parcel located at
Avenue and "G" Street
the
(See
The proposed use is consistent with the San Bernardino Muni-
cipal Code as shown in Attachment "A" and the Interim Policy
Document (IPD) adopted by the Mayor and Common 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, 1988. The Interim Policy Document designates the acre GC-
commercial General (see Attachment "A", Municipal Code and
General Plan Conformance).
.-.
4. CEOA STATUS
The application is exempt from the California Environmental
Quality Act under Section 15303 Class 3C.
5. BACKGROUND
A Conditional Use Permit was approved for this site for two
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 btllboard signs. Two of
these signs have been removed and the.third is scheduled for
O.
.CITY OF SAN BERNARDINO PlANNING DEPARTMENT
CASE
o
~.
OBSERVATIONS
{"flDRQ...l.J
AGENDA ITEM 9
HEARING DATE. 5-16-89
removal. The sign owners did not have' a Conditional Use
Permit (CUP) for the billboards as the space was leased prior
to CUP being required. Further, the signs were not a'part of
the approved site plans. Billboard signs will not be allowed
on.the site. '
Recently, a minor modification to the site plan was processed
in order to enlarge the drive-through restaurant. The minor
modification was approved. The center under construction
meets the San Bernardino Municipal Code requirements for
parking, landscaping, setbacks and circulation.
6. ANALYSIS
-.
In considering' an application for the sale of alcoholic
beverages, the location of the site in relationship to
schools, churches, parks and residential uses must be
analyzed. Further, the number of facilities offering alco-
holic beverages for off-site consumption, in relationship to
the number 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 incidents.
THE PROPOSED LOCATION
The commercial center is posltioned at the southern border of
the property. The drive-through restaurant is planned for
the western quarter of the site which fronts on Baseline.
Parking 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 Baseline Avenue. Commercial 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 "G" Street from the commercial center. Both the
houses and the 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
......
.CITY OF SAN SER
OBSERVATIONS
G DEPARTMENT
CASE CUP89-l2
9
5 - 1 f. - 8 g
5
AGENDA ITEM
HEARING DATE
PAGE
distant from fiG" 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
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 Number
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.
'10..
.CITY OF SAN BER
RDINO PLA
ING DEPARTMENT
CASE CUP89-12 .
AGENDA ITEM --.J
HEARING DATE 5-16-8')
PAG b
OBSERVATIONS
8. CONCLUSION
The proposal is located within a center that 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 average for the city.
The site is within 100 feet of several residences, and less
than 1 mile from a school, park and church.
9. RECOMMENDATION
Staff recommends that the
tional Use Permit NO. 89-12,
of Fact.
Planning Commission deny Condi-
subject to the attached Findings
Respectfully submitted,
/
1ger
Direct r of Planning
~.f1n"
Vivian Ra; V
Planner II
ATTACHMENT
A Munciipal Code and General Plan Conformance
B Findings of Fact
C Police Report
D Floor Plan
E site Plan
F Location Map
-
. o.
o
J
o
ATTACHMENT "A"
CUP89-12
Item# 9
Hearing Dt .":. rJ-l(J-lJll
Page
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
CATEGORY
PROPOSAL
MUNICIPAL CODE
. UPTOWN RDA
Defer to SBMC
Land Use
Sales of beer- Requires CUP
wine in a comm.
center
Height
20' - 25'
45'
Defer to SBMC
Setbacks
Front
Side.
Rear
10'
10'
None
5'
5'
None
10'
10'
Defer to SBMC
Lot Size
290' X 300'
No minimum
Defer to SBMC
Lot
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 Gross Floor Area
5/9/89
DOC:MISC
CUP8767A
J
L
o.
o
o
o
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUPB9-12
FINDINGS of FACT
AGENDA ITEM 9,
HEARING DATE
PAGE 8
:>-.10-09
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 beveraqe
sales for off-site consumption with a Conditional Use
Permit.
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 qeneral welfare in
that the commercial center met the City's requirements
for landscaping, parkinq 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.
~) .
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 Planninq Department has investiqated whether the
land use project identified in Conditional Use permit
No. 89-12 application is consistent with the land use
~
-
o.
o
o
o
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE ClIPRQ-12
FINDINGS of FACT
AGENDA ITEM Q
HEARING DATE 5-16-89
PAGE 9
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.
"I. 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
-
-
C' CACHMENT "C" O'
CITY OF SAN BERNARDINO -
o
MEMORANDUM
To DONALD J, BURNETT, CHIEF OF POLICE
From DET. R, SPINDLER
Subject
C,U,P, 1189-12
Date 4'-19-89
,
I ,I /
//1" .'
,':./1:.. J
Agenda Item# 9
Approved
Date
APPLICANT, The Sorrento Group
1351 3rd Street, Suite #300
Santa Monica, CA 90401 213-39~-&577
On or about 4-5-89 I received the investigation for C.U,P. 1189-12 ill
the name of The Sorreno Group for a proposed business site located
on the southeast corner of Baseline' and 0 G 0 Street. The detai 1 ed
description of the project is a retail center approximately 19,6'rt
square feet, This project is currently under construction and thj~
conditional use permit has been sought for the off-site sales of I"'('r
and wine, The zoning designation is C-3A and the general plan
designation is General Commercial.
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 t 0.'1
building, The Project site at the southeast corner of Baseline and
. GO Street is located on an 88,000 square foot lot. The Sorrento (;r ')Ill'
is a California corporation for California Mini Markets. The actual
type of business proposed is a market which will engage in the retai I
sale of grocery items, dry goods, sundries, packaged meats, prodllce.
soft drinks, milk. beer and wine. Approximately 300 square feet ot
the proposed market will be used for the sales and storage of bee,
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 nllllfh,',
of employees on the site at anyone time is three.
The proposed site is located within Reporting District 11570 which har!
crime stats 177% above the average for reporting districts in San
Bernardino. 29.6% of the Part II arrests in this reporting district
were alcohol related. During the past 90 days 14% of all Part II arresh
were alcohol related.
The proposed site is located within Census Tract #56. The census cOlln\
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 Watermilll
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 five
existing on-sale licenses within this census tract. There are seven
licenses allowed for Census Tract #56 and there are no pending
applications.
There are 14
which allows
pending.
. ~
_d't' L .,~',,':(;'t::.,:.~,-;
"~".,,', J;.1f ".,.. .
jJb,-'''\...~li; .
:.,~.~/,., .
existing off-sale licensed locations in Census Tract #56
for only six off-sale licenses and there is one lir.,'nse
, o.
o
o
o
~
ilONA LD .J. BU RNE'r1'
HE: CUP "89-12
PAC;E 2
,'C lMMENTS FROM AREA RESIDENTS:
J'Jr inq the course of this investigation I contacted several residents
'"hn live in the immediate vicinity of the proposed site. I talked
With Mildred Evans, 1139 North 'G' Street. This residence is 60' south
"I the proposed site. Evans told me she had no objections to the
l~suance of this ABC license.
I attempted contact with the resident who lives directly north of 1139
North 'G' Street. There was no one home at the time and the exact
,lddress was not displayed. This residence borders the proposed site.
I 'diked with Amelia Howard, 1168 North 'G' Street. which is located
dll,,,.t]y west and across the street ('G') from the proposed site.
l'l,e pr'operty is approximately 70' west of the proposed site. Amelia
Huward told me that she is very much opposed to the issuance of this
IJcense as she believes it will enhance the existing wino and narcotic
lPlated problems in the neighborhood. Ms. Howard told me that she
C'd] Is the police department at least. two times a month regarding the
..Inns who loiter in the area.
Ihen spoke with Maria Arias. 1156 North 'G' Street which is located
d II PC' 1.1 Y wes t and across 'G' Street from the proposed site. The property
IS located approximately 70' west of the proposed site. Maria Arias
',dd me that she objects to the issuance of another license in her
,"'I'Ihborhood. She told me that the Shell Station and the AM-PM Mini
Mdcket are located one block away from her residence at Baseline and
'II' Streets. She does not believe that another ABC license location
Ie, n,,,,rj,,d when there are so many locations already established.
,(lMMENTS I,'ROM THE POLICE DEPARTMENT:
'.,." .,;ttilched document by Lt. Devlin.
\'C ,"" I ,'g DEPARTMENT RECOMMENDATIONS:
II,,' Po'Uce Department does not believe that the approval of this
'PI'I irat ion is in the best interest of the community and the neighborhood
I" whll'h It would be located. ABC Rule 61.3 (undue concentration)
..pplll'S ill that the reporting district crime stats far exceed the average
">l .11.1 reporting districts within San Bernardino. ABC Rule 61.3 also
''I'I,',es in that there are six allowed off-sale licenses within Census
'1'1 ",'1 "'ll> ilnd fourteen currently exists with one pending. ABC Rule
t. I .4 (p r lll( lmi ty to res idences) also applies in that the premises are
,.",,,ted within 100' of a residence and the parking lot and/or parking
d,p,l is also located within 100' of a residence.
1<1 ley Elementary School, 1266 North 'G' Street is located on the northwest
. '''rne r () [ Baseline and 'G' Street. The presence of another ABC licensed
1
-0'
o
o
o
......
DONALD. J. BURNETT
RE. .CUP 89-12
PAGE 3
n"nket in .the close proximity of the elementary school would provide
v",t another undesirable location for elementary school age children
to congregate. Public convenience could not be argued as a reason
tor the approval of an ABC license at the proposed location. There
<Ire 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
uistilled 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
,>1 d mi le from the proposed site. The Shell Gas Station located at
/'1'1 West Baseline provides for the off-sale of beer and wine and is
located approximately 1/10 of a mile from the proposed site. . The AM-
I'M Mini Market, 794 West Baseline also provides for the off-sale of
I,,,,,, and wine and is located approximately 1/10 of a mile from the
ploposed site.
It should be noted that the neighboring reporting districts are well
.lbove average in crime for reporting districts. Reporting District
bOll is located directly north of Reporting District #570 and has crime
"L,ts 143% above the average for reporting district in San Bernardino.
Reporting District #560 is located south of Reporting District #570
- and 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
districts. .
^s p,'eviously mentioned, the proposed site is located within Census
TI'i1"t #',6. Census Tract #55 is north of Census Tract #56 and allows
\<>r seven on-sale sites with eleven existing. It also allows for six
,otf'i'dle sites and eight exist. Census Tract #57 is located south
<It ,'ensus Tract #56 and allows for one on-sale site with 25 existing.
I I d 11 "WS for one off-sale site and seven exist. Census Tract #58
", locdted southeast of Census Tract #56 and allows for four on-sale
-,ltes and three exist. It allows for three off-sale sites and six
( x 1St.
-
'111' #89-12 will be protested by the Police Department due to the apparent
I,iqh crime statistics and the saturation problems in the area. Further-
more, the approval of Conditional Use Permit #89-12 would not enhance
I'uill i c convenience and another ABC licensed premises in close proximity
to Riley Elementary School would provide another undesirable location
lilr elementary school aged children to congregate.
ir9tct~~uiJ;bmitted'
\f.'~dler. Det.rtiV.~
.
0 0 CUP89-12 0
Item. 9
Hearing Dt. 5-16-89
allo_d 6 existing 14 pending 1
~ City
20 yes
21 yes
20 --
yes
Jl lee
20 yes
21 yes
lU yes
'In 1~9i'
20 yes
21 yes
10 yes
20 YP~
20 yes
20 yes
20 (pending) yes _.0-
..0,'
Off-Sale Licenses 14
Location
177-199 W. Baseline
279 E. Baseline'
<:,j:> 1:;. !:lase.n.ne
'lc;,c; W R.aaa.l';",.o.
771 North '0'
973 North 'E'
lUll AU.L"Cn 1~.
799 North 'H'
998 North 'H'
695 West 9th
988 u. B~~.L""Q WOJ'
1065 N. Sierra Way
906 N. Waterman
799 W. Baseline
700 North 'F'
III. General Vicinity
Distance to nearest.
School
Riley Elementary
1266 North "G' St.
Distance
less than .1 mile
Church
./. milp-
First Baptist Church
1024 North 'G' St.
Parks
.9 mile
Pioneer Park (6th and 'F')
On-Sale License
617 W. Baseline - Shanty
.1 mile
"
Brown Derby, 553 W. Baseline
.2 mile
~
Off-Sale License
Shell Gas, 799 W. Baseline
.1 mile'
AM-PM Mini Market. 794 W. Baseline
.1 mile
,0.
o
o
o
POLICE CONe.IRS
APPLICATION FOR CONDITIONAL USE PERMITS FOR ALCOHOL BEVERAGE LICENSES
Item# 9
Hearing Dt: 5-16-89
LOCATION. SIE corner of Baseline and 'G' Street
Conditional Use Permit
No. 89-12
I. Reporting District 570
Return to Planning by.
. ,
.4_'Jr;,_RQ
Previous Year Crime
462
Part I Cr!me s 273
Person 83 Property 190
Previous 90 days
Part I Crimes 106
Person 36 Property 70
. II. Census Track 56
RID Average +177
Part II Arrests 189
Alcohol Related
56 = 29.6%
( . )
Part II Arrests
14
Alcohol Related
2 = 14%
( . )
I
f
I
t
Census Count
4.853 (1-1-86)
Boundarie. Wlth~nMn 19th to R$ilQ&l1i.ne\. ~c:I201;nA fWatATTMIl to 1-215 freeway)
1-215 (Baseline to 7th), 7th (freeway to Arrowhead), Arrowhead (7th to 9th Street).
9th st. (l>~ to Watenranl
On~Sale licenses 5
Location
allowed
7
existing
5
pending . 0
1177 North 'E'
!II!! City Off-Sale Privileges
41 yes
42 yes
48 yes
48 yes
42 yes
251 W. Baseline
553 W. Baseline
617 W. Baseline
948 N. Waterman
:
,0..
o
o
CUP 89-12 0
Item# 9
Hearing Dt. 5-16-89
Residential Uses.
Distance of parking lot to residence
Distance
One residence north of 1139 North 'G' St.
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
V. Comments from Police Department:
See attached memo
VI. Police Department recommendation.
See attached memo
~.~~
/I-/9-f.1
Date signed
i
!
,
10, Lt.
::J: nevi;"!
raoM ,
CUp.89-12
ttem# ,9
Hear~g~t. 5-L6-89
DI'r. /<. .; , INl>IL'7<:._
VICI DETAIL
Lit ,f)
o
..0
. ...,
o
o
~.
SU8JECTa
AlC LICENSE APPLICATION
NEN IYlt ,::20 0# 9ft!, ISfE",e'j/"hN/
DATE a
We received e notice on the listed Alcoholic,Beverege license
end request your input, prior to approving or protesting the
application.
Please return t~is form~~ t~ Vice Detail wit~ your comments
no later than ~-/3-K'I f..L(:t1fr.:u. . If we recelve no responae
from you by that dete, it will be considered that you do not
have any interest in this matter.
ADDRESS. 2EC '&S€6AAE./#.I1) '~"..s'J:!;.
'"
APPLICANT. 1Jk- ,:o/?.eE...v70 4'/Zo~;J )
TYPE OF LICENSE: /11M) /f;J!:dlJ ~S4({ But 4--:1/.) IJ//vf:;
YOUR COMMENTS. There is a direct correlation b@twppn crill1P ~ntt thp nllmh....
of alcoholic beverage licenses issued. Census tract 56 (with a census count
of 4.8531-1-86) allows for 6 off sale licenses. There 'are 14 existina 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,
drunks" transients" deri 1 i cts or eXDosi no stlJdp.ntc;. frnm t'h,:lo gr"fIW'Mor c.rhpnl
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
().,,~
licensewhosenumbers1already 250% over what the ~sus tract recOlllllends.
I am very much opposed to the issuance of this or other similar licenses at
this location.
--
,j
-
r
.- 0 ATTACHMENT "~
< Floor Plan V .-'1..
.._._-~_._- J101--------
-~
CUP89-12 O.
Item. 9
Hearing Dt.
5-16-89
,0.
...---......-..-. ~..-....... .- ..,.~'.....".-._~~. . ~--_.._---_._~._-.._.-
sr()1! 11 ~E
,IJ/2.t;/I
IS' )< yO'
-.- .- _. --.-.- ---- --~
FtJO 0
/lee-II
~ ) t.
~ \
,
I
V /
,
~
I") ,
~ .'1( ,
I .. I.,
'oJ Cl c c. ~
~ - A JI
~ :s ~
II
~ (l
t'" f
-_/ ---. ~ c.
0
, ~
~ r
7
i2 ..
(l.
S
e
t
F
-.-.1
$EP-VG
-
I
/3,t;5€t.i.vE ,e G
~I1N qKJt~ltdlllJ 0
-
-,
'- I h
'.. :41
- ~
~
_n'
i ~
n I:!
I I"
I U ,i!
I ~ II'
-I
-1.:--
I -
_,'>I
J :i
"-'.
~ I .. ~
~
I 1
i I I
:. f
. .
! ':
..-..',
.
! "!.
.
,
l ~
~ ..:
,
I
, t
,- -.
~.I
I t ~
,
.:
,
I
,
It
,-:
i
-~
.........
:q .",.
..
I"
. U !J
,"
II p Iii
. !
I" -
\ !: :.--f~J
t
.
I!
(
;,-:
~J
t.
'-
J !:
.........""'-,.....-.....-
---' .
, -- - &1.. DIIV
... .... ~
... ... - - ..:.=r--r
i
E
i
I
~'"
" !:::,.
~'
~,
~
~.
.,
. __..ai..- ,
II f- :1
..... .
,"
I~il.
.r; -~.
,:-I
I:
r
.',:::1'
-I
",
t
...:
I
I
i
. -
I ~
! I
i'
! I
I
'I
I
I'
I
I
i
6 ..
I
!
I ,
.
, .
j
I
,ii,
"'\' "
..1..11,
,i.'I: :,N';I'I'" I
. ,I ,~Il' '1111 .
" ,,"'" '\
I' ,',-,",,!
:::::', '",';" .1:
:1' "i-' j,
I,
I
-.
.--r.
Ii
.
l
.
.,'l..,l',--~l
..:' I',
;:' ,.J;
" :v
~i
.
i
,
.
,\
.d
'1"
:1 ~11~1.
__, I;
!1
."--4
___..~C.
~.;.;{..:....':.i.
It! lij;'1 ii:=\i \"1 , 1'1
: I II';' '
,I ,II !'; !',l! II ~..
,II"'!:"" .
, .__ :t.. !' ,t
! ',;IIIII'\ril:;;-I-li i
, .' ! i : III ,II , ~
I :'" I": .
I ! II'. :: j'
, i , ! ,-Ii;" ;' '-;"'1'
.'" I": ,I'... I '
,!.,' II',' ,-' I
~ .... I. ! ' ~ ,
..' jl "\,,,
.:' I:
~.
.
~
~
: L L.
I! f<:-
, II I
,I l
;... -.!I
:1 3t
I'
,: -
, ,
r-
~-~
:1~'
. '
'I
~-~, b,~ ./.
I' '/-
1"1 ' .
. ,.......
.~ -.-- ~
. ~
.
-"0.'
,J
.. I
, ;.~ I
I
I
;~
" .;, I
.
;1 1 .
I .-,
I
~ "
;,-.
~-
~ '.
,
_ _ I
1 '.
1- i
~
".,...
A._.-.
.~!'". ._rr-
. ,
-..;
, -
.. --:;
".,--
1I ;;~. ~
..4"
-.
. -....
:I: O'
1:
",;
i
\
,
~
"
i
I
----I
I
I
I
I
"
I:
I
I ~
I
I:
. '1-.
I:
I
I
I
I
.
o
ATTACHMENT "E"
o
CUP89-12 1
I FED I
;.
I
;
,
.
~
Ii
,
~i'
1111
~
&
I
I
'.'
----:.. -.-.
--
--
,.---
'11
,t"
..
z
~
o
-:
,
,
"
o.
AOCHMENT
"F" 0
o
AGENDA
ITEM#:
CITY OF SAN BERNARDINO ~ DEPARTMENT
~
LOCATION
CASE CUP89-l2.
HEARING DATE 1/S/88
9
~ 8-0 i R-I'") ~ 21 r Y.J.I' "R~:; . i :~~.~
~~
; 11-' C-Ioll i Iol-IA II" II" BlBE
- "')::::- ~ ........-
% ~. M ~
co. :: 11-' :; II" II"" T
... C-SA 11-'
.., -:-m -=-,....".- TT
~ s~ T:--1-~. ~
- :,-:, \* i~: r ~ ~~.~ J
... "'E!!I Co' Co.
R-2 '-1' =-~TE C-4
R-2 I R'2 g r:71r 1G41
R.2 [;:B I::; ffi3 F'~l N
::~~~~
'-- "~"Otll T .. "E~4
. . ..
'-'.. ". M . ,-, , ,_,
.ok,' EI.' II ~~. .T. b::
"1 --'1 I T
'_1 ,'-1 T. C-4
2 '-1 ~ I '-1 I .-. Co,
j~~~f.UJE
~\ColAl~~ ~
Lilil I ColA I@ ~. C.4
C-IAI.~'1A
~ C-4
'-1 li'flil '-1 11I1I1Il1 ~ [li] ColA
C-" =..:J:-' ..0. a:"d' 1 . C'I& . C .1..1 C'
I C-II I [C-II I "0" "AIII'TT ""1\ C-I .1 ~.r-
___:::":111 I 10-11 hi =I C-4 1=1 C-4
~L.--J '
~a
11'1
T R-3~ II-I
,.I T I
.bJ II"
~ II'S 11-5 ~
~ T ~ T T ~...L F C-M
... I.' ,-,@j :;: - ,-.
~~.. \1: I C-M
3j R-2 I E;J R-Z C'M ~ I dl~ I
11'hI It.
;c~ R-2
II ,
'- 11-2
:~.{:l.~ .~I
II:. R-2
R'2
II 11.2
11.2
11-2
11-2
...., '~I [BR-2 BBR-2
R.2 R-2
...,
mo It ..-- =rnl 101.1
III
R-2 R-2 R'2 R-2 11'2 _ I- III
. 11-2 Ial
"~88BBffi
..," Bt1ElEltE
R.2 u
hi ..1 htl .1
CIA I I ca'A ~~
.... lll-'
11-'
L-
M, -.
~~.l R.2
;.:rT
38R'2
n.
,. . ~ 11'2 I~ 11-2
~. T R-2 J(
I '-1 h..11Il1
~
H, R-2
R'S
C-II
Ir
11<
.0.
, 0 ~'l: toA'JI to HASVELL b-' "-0
, J!>1HE SOlflENTO GfOI'
'=.0.-............" .
o
o
June 161, 1989
Ms. Sandra Paulsen
planning Department
3ii North ~D~ Street
San Bernardinol, CA.
ReI Conditional Use Permit No. 89-12
685 West Baseline Avenue
Dear Ms. pauleen:
We are formally requesting a eontinuanace tor our City Council
he.dng on our application for a Conditional Use Permit No. 89-12
for the above referenced location.
We are requesting the continuance since we did not receive
notification of the hearing until June 161, 1989 at 21 II p.llI.
With the lack of adequate notification we are not able to attend
the hearing. Therefore we request that our appeal for the
Conditional Use permit be continued to the first City Council
aearing in July 1989.
Thank you very much for your consideration.
S i ncerelyl,
THE SORRRENTO GROTJP
Uh-~
Alan Gott 11eb
AG/un
.'>c< TUIDn !ilTA~", RU.Te SOO. SANTA MONICA, CALIFORNIA 90401 · (213) 395-&577
o
c
o~
(2)
~~~
Move to continue this item to next Council Meeting of
July 17, 1989 and direct the city Administrator to request
the Police Department to submit a list of recommendations
which would assist in mitigating the concerns of the Depart-
ment in the event the Council were to approve the C.tlI.P. and,
further, that the recommendations be submitted to the Mayor
and Common Council prior to the July 17 meeting.
31