HomeMy WebLinkAbout30-Planning and Building
CITY OF SAN BERNA<;bINO -
REQUEST FCC COUNCIL ACTION
.
From: Larry E. Reed, Di rector
Dept: Planning and Building Services
Date: March II, 1991
Subject: Appeal of Plannin9 Commission's Denial
of Conditional Use Permit No. 90-72
Mayor and Common Council Meetin9 of
April I, 1991, 2:00 p.m.
Synopsis of Previous Council action:
On February 19, 1991, the Planning Commission, by a 5 to 1 vote, denied Conditional
Use Permit No. 90-72.
No previous Council actions.
Recommended motion:
That the hearing be closed; that the appeal be denied; and, that Conditional Use
Permit No. 90-72 be denied subject to the Findings of Fact contained in Exhibit "B."
(Supports Planning Commission Action of Denial).
. OR
That the hearing be closed; that the appeal be upheld; and, that Conditional Use
Penilit No. 90-72 be approved subject to the Findings of Fact and Conditions of
Approval contained in Exhibit "L"
c--4/
Signature
0, rector
Contact person: Larry E. Reed
Supporting data attached: Staff Report
Phone:
384-5357
5
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
Council Notes:
Agenda Item No
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CITY OF SAN BERNA~INO - REQUEST FCO COUNCIL ACTION
STAFF REPORT
Subject:
Appeal of planning Commission's Denial of
Conditional Use Permit No. 90-72
Mayor and Common council Meeting of
April 1, 1991
REOUEST
The applicant, Mohammad Ali, is appealing the denial of
Conditional Use Permit No. 90-72 by the planning commission.
The applicant requests that the Mayor and council reconsider
the matter and approve Conditional Use permit No. 90-72.
BACKGROUND
conditional Use Permit No. 90-72 is a request to establish a
2,500 square foot mini-market to include the off-site sale of
beer and wine in an existing retail center located at the
southeast corner of Kendall Drive and University parkway
(1689 Kendall Drive, suite A). This request was denied by
the planning commission on February 19, 1991 by a 5 to 1
vote.
This proposal is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (a), Class 1 exemption.
The existing commercial retail center was approved by the
Development Review committee on December 29, 1988, under
Review of Plans 86-143. In addition, Conditional Use Permit
No. 90-22, a proposal to establish a mini-market which
included the off-site sales of general liquor at the same
location, was denied by the Planning commission on August 7,
1990. The previous applicant for conditional Use Permit No.
90-22 had at least two negative encounters with law enforce-
ment including convictions for sales to minors. AcCording to
staff, concerns about the previous applicant's history may
have been the predominate reason for denial.
The conclusions of the February 19, 1991 staff report
(Exhibit "E") were: (1) that the crime statistics for the
reporting district were below the city-wide average, but that
there was a recent increase in residential burglary, vehicle
burglary and auto theft in the area: (2) that the current
applicant has had no history of negative encounters with law
enforcement: (3) that the saturation level established by the
ABC for off-site sales outlets for Census Tract 46 has been
exceeded: and, (4) that, with appropriate Conditions of
Approval, the proposal would be compatible with the surround-
ing land uses. However, the planning commission felt because
of the over-saturation and negative public testimony given at
the hearing, including a letter of protest from California
state University at San Bernardino, that an additional outlet
was incompatible.
7~_0264
o
Appeal of conditional Use permit No. 90-72 <:>
Mayor and Common council Meeting of
April 1, 1991
Page 2
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
The Mayor and Council may deny the
tional Use Permit No. 90-72 or uphold
Conditional Use permit NO. 90-72.
appeal and deny
the appeal and
Condi-
approve
RECOMMENDATION
Staff's recommendation was for conditional approval, but the
Planning commission denied the request by a 5 to 1 vote.
Prepared by: John Montgomery, AICP
principal Planner
for Larry E. Reed, Director
planning and Building Services
Exhibits: A _ Letter of Appeal to the Mayor and council
B statement of Official planning commission
Action
C - Public Hearing Notice
D _ subsequent Letter of protect Received Since
February 19, 1991 Staff Report preparation
E _ February 19, 1991, planning commission Staff
Report
APPEALSRCUP9072
o
MOHAMMAD All
17586 Mountain Court
Riverside. CA 92503
(1/1-/)68 J' - 546R
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OO~[@~UW~lJI
, MAR 0 4 1991 L!0
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February 28, 1991
CITY OF S~N BcRNAliOlNQ o.
DEPARTMENT OF PLANNiNG &
5UILOING S~nV!CES
,
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City Clerk
City of San Barnadino
300 North D Street
San Bernadino, CA
HAND DELIVER
Re: Conditional Use Permit No. 90-72
To Whom It May Concern:
Pursuant to Sections 2.64.030 and 2.64.040 of the San Bernadino Municipal
Code, please find this letter as formal appeal for CUP No. 90-72 which was
denied by the Planning Commission at the February 19. 1991 public hearing.
Conditions and objectives of the San Bernadino General Plan and more specific-
ally General Plan Policy 1.23.11 creating a "University Village Environment",
have been met and accordingly. staff recommended approval for the approval of
the Conditional Use Permit.
The staff report prepared for the Planning Commission outlines the appropriate
findings of fact which indicate that the Conditional Use Permit will not be
detrimental to the health, safety and general welfare of the citizens of San
Bernadino.
I hereby request that Condtional Use Permit 90-72 be scheduled for public
hearing before the City Council at the first availible hearing date. . Thank
you in advance for your attention to this.
Sincerely,
;t~~~ ~.
Mohammad Ali
cc: Denise Moonier
EXHBIT "A"
1-0
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city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number: Conditional Use Permint No. 90-72
Applicant: Mohammad Ali
Owner: University square-San Bernardino Association
Meeting Date: February 19, 1991
x
Denied Based Upon the Attached Findings of
Fact (Attachment B).
VOTE
Ayes:
Nays:
Abstain:
Absent:
Cole, Corona, Jordan, Lindseth, stone
Sharp
None
Clemensen, Lopez
I, hereby, certify that this statement of Official Action
accurately reflects the final determination of the planning
commi~.ion~ the city of Sen Bernardino.
_ ~A/ ~~~/ql
signa e Date (
Larrv E. Reed. Director of Plannina , Buildina Services
Name and Title
cc: project property owner
project Applicant
Building Division
Engineering Division
Case File
PCAGENDA:
PCACTION
EXHIBIT "B"
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
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APPLICANT: Mohammad Ali
1&1 17586 Mountain Court
~ CONDITIONAL USE PERMIT NO. 90-72 Riverside, CA 92503
OWNER: University Square-S.B. Assoc.
(.) 340 South Flower Street
"-../ '- ) Oranae, CA 92668
/"'""".
5 To establish a 2,500 square foot market to include the off-site sale of
beer and wine in an existin9 retail center under the authority of Municipal
:) Code, Section 19.83.500.
"
1&1 Located in a tenant space of a multi-tenant retail center on the south-
a::
- east corner of Kendall Drive and University Parkway at 1689 Kendall Drive,
4 Suite A.
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J' ""'I I' EXISTING GENERAL PLAN
PROPFRTY LAND USE :ZONING D!;SIGNATION
Subject Multi-Tenant Retail CG-l Commercial General
North Apartments RM Residential Medium
South Single-Family Residences RS Residential Suburban
East Single-Family Residences RS Residential Suburban
West Apartments RM Residential Medium
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GEOLOGIC I SEISMIC DYES FLOOD HAZARD 0 YES 0 ZONE A SEWERS: (IVES
HAZARD ZONE: IJI NO ZONE: 1[1 NO 0 ZONE B ONO
)
Ie OVES .... ( AIRPORT NOlSEI ~: ) r [J YES )
HIGH FIRE REDEVELOPMENT
HAZARD ZONE: 11 NO PROJECT AREA:
) CRASH ZONE: o NO
--.., ""'I -
-' o NOT o POTENTIAL SIGNIFICANT r Z [] APPROVAL
4 APPLICABLE EFFECTS WITH 0
!Zen MmGA'TlNG MEASURES ~ []
NO E.I.R. CONDITIONS
we u.C
2Z iii ~re11O 15301 o E.I.R. REQUIRED BUT NO u.Z 0 DENIAL
ZCS SIGNIFICANT EFFECTS 41&1
O~ Class 1 WITH M'TlGA'TlNG ~2
ell. MEASURES. ~ 0 CONTINUANCE TO
ffi o NO SIGNIFICANT o SIGNIFICANT EFFECTS fd
EFFECTS SEE ATTACHED E.R.C.
MINUTES \.. a::
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SUMMARY
AGENDA ITEM
HEARING DATE
WARD
6
2-19-91
5
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PL,AN.I.D'2 PAGE' OF 1 (.-tOl
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ATTACHMENT B
n
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 90-72
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE Z-l~H:Il
PAGE
...j
1. The proposed market use is in conformance with the objectives
of the city's General Plan, in that food markets with off-site
beer and wine sales are permitted in the CG-1, Commercial
General, land use designation subject to the approval of 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
to be located due to the over concentration, in the vicinity of
a residential area, of convienence stores with off-site sales
of beer and wine available .
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
and general welfare in that the commercial development on the
site was approved under Review of Plans No. 86-143.
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, in that Review of
Plans No. 86-143 was evaluated by the city Traffic Engineer
who determined that the commercial center would not
significantly impact existing patterns of circulation, and
the Planning Division determined that the commercial
development provides sufficient off-street parking to serve
the proposed use.
5. Based on the above noted Findings, the granting of Conditional
Use Permit No. 90-72 will be detrimental to the peace, health
and safety and general welfare of the citizens of the city
of San Bernardino.
....
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PLAN-8.D& PAGE 1 OF 1 (4-10)
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OFFICIAL NOTICE OF PUBLIC HEARING
BEFORE'THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL
APPEAL OF The Denial of Conditional Use Pennit No. 90-72
r( THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE
MAYOR AND COMMON COUNCIL BY Applicant
.....,
SUBJECT: WARD :#
CONDITIONAL USE PERMIT NO. 90-72 5
PROPERTY Located on the southwest corner of Kendall Drive and
LOCATION : University Parkway at 1689 Kendall Drive, Suite A
PROPOSAL: To establish a 2,500 square foot mini-market which
includes the off-site sale of beer and wine in an
existing retail center
PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL
COUNCIL CHAMBERS
300 NORTH "0" S IIlU.I
SAN BERNARDINO, CA. 92418
r
I HEARING DATE AND TIME: Monday, April 1, 1991, 2:00 p.m.
A DETAILED IlDCItIPTlON ", THE PWOPOSAL IS ON FlLE IN TIlE Pl.ANIIlNG DlMIfNENT lOr CITY
HALL. I" 'IOU WOULD LIKE FUIm4EIt INFOIlMATIOII ABOUT TtlS PItOPOSAL PItIOIt TO THE PUIUC
HEAltINII. PLEASE CONTACT THE PLANNINlI OEPMTMENT IN PEltSON ClII BY PlIONlNlI.
(714) 384-5057.
THANK YOU.
j'" 'M4""
r-VIITnTT 11,..11
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Feb. 19, 1991
PLANNING COMMISSION
DUE TO A PRIOR COMMITMENT OF THE NEIGHBORHOOD WATCH ASSOCIATION, I CANNOT
ATTEND THE PLANNING COMMISSION MEETING OF FEB 19, 1991 at 7:00 P.M.
THIS LETTER IS TO REGISTER MINE AND THE NEIGHBORHOOD WATCH MEMBERS OF WHO
I REPRESENT TO THE OPENING OF ANOTHER LIQUOR STORE ON KENDALL DR., CASE #
CUP 90- 72 .
THERE ARE ALREADY 3 BARS, 4 BEER & WINE STORES, 2 LIQUOR STORES, 2 MARKETS
THAT HAVE A LIQUOR DEPT., AND A RESTAURANT THAT HAS A COCKTAIL LOUNGE WITHIN
A 4~ MILE RADIUS. WE ALSO UNDERSTAND THAT CAL STATE SELLS BEER ON THE CAMPUS.
THERE HAS BEEN MANY PROBLEMS IN THIS AREA OF WILD PARTIES AT THE FRATERNITY
HOUSES, flUt4EROUS PROBLEMS OF "BEER RUNS", ON THE EXISTING STORES & THE SELLING
OF CIGARETTS TO MINORS. KENDALL ELEMENTRY SCHOOL WHICH IS LOCATED AT 4951
N. STATE ST. WILL BE GREATLY AFFECTED BY THE EXCESS IN TRAFFIC AND THE UNDESIRABLE
ELEMENT THAT FREQUENTS LIQUOR STORES.
WE OF NEIGHBORHOOD WATCH URGE YOU TO CO-OPORATE WITH US IN OUR EFFORTS TO
KEEP OUR NEIGHBORHOOD A SAFE PLACE FOR US AND OUR CHILDREN TO LIVE AND GROW IN.
WE STRONGLY REQUEST A DENIAL OF CUP 90-72. ANY OTHER ACTION WILL ONLY COMPLICATE
THE EXISTING PROBLEMS THAT ARE PRESENT.
THA,K YOU, /J pi
~_.u.a.a.--rV/II"~
SUSAN JOHNSON
D AREA DIRECTOR, NEIGHBORHOOD WATCH
EXHIBIT "D"
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February 12, 1991
PLANNING AND BUILDING DEPARTMENT
City of San Bernardino
300 N. D Street
San Bernardino, CA 92418
SUBJECT: February 19, 7:00PM Council Chamber Hearing
Conditional Use Permit #90-72
S.E. Corner of Kendall and University Pkwy, S. Bdno
As a 18 year resident of Kendall Drive and a graduate of CSUSB,
I would like to formally voice my opinion in opposition to the
granting of conditional use permit #90-72. My reasons are as
follows:
*
A community truly committed against drugs (as we profess
through our Community Against Drugs program with Ms.
Jeri Simpson) will recognize that another establishment
that sells alcohol, a gateway drug, near CSUSB is not
needed nor should be endorsed by the city.
*
San Bernardino already has too many liquor stores in
the north end of the city.
*
The corner of Kendall and University is a very danger-
ous intersection. Many accidents have occurred there
over the years due to that fact that the speed limit
is too high. A liquor store will only attract more
intoxicated persons to an already dangerous location,
resulting in more fatalities.
It is also my understanding that the person applying for this
permit paid an individual in the neighborhood to collect sign-
atures at 50 cents per signature. Is this legal? Even if this
were legal, it appears to me to be very unethical.
Please show that San Bernardino takes seriously its commitment
to raising a generation of drug-free youth by not allowing yet
another gateway drug to be sold on the corner near our finest
institution.
Sincerely,
117 ~ i0'tl ~.:t !3&u-!::L 'LT
Margar~ Bleckert
3287 ~nevieve St.
San Bernardino, CA 92405
~',""'\
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Margaret Smith
1635 Kendall Drive
San Bernardino. CA 92407
February 13. 1991
planning and Building Services Department
San Bernardino City Hall
300 North 'D' Street
San Bernardino. CA 92418
To Whom It May Concern:
Hearing scheduled February 19. 1991 for conditional Use Permit
No. 90-727 Parcel located at the southeast corner of Kendall Drive
and University parkway
I am against the selling of alcoholic beverage in the building at
the above-mentioned location.
We do not need to encourage our Cal State university students to
buy and drink alcoholic beverages. An establishment so close to
the University could cause some people to purchase alcohol before
classes because of stress and tension.
A convenience store in this location would cause traffic to
increase causing a greater hazard in an already dangerous. highly
traveled intersection.
There are three convenience stores in a one mile radius of Kendall
and UniversitY7 we don't need another one.
Convenience stores lower the value of the area because of the
possible burglary and robbery that could and do occur, and because
of the unsightly parking lots that develop. There will always be
inconsiderate people who won't find a trash can to dispose of food
and wrappers.
couldn't someone come up with a more desireable establishment than
a market that insists it must sell alcoholic beverages?
;c~~
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Margaret Smith
Jim Smith
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PROPERTY
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North
South
East
West
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
AGENDA ITEM
HEARING DATE
WARD
6
2-19-91
5
SUMMARY
,
APPLICANT:
Mohammad A 11
17586 Mountain Court
Riverside, CA 92503
University Square-S.B. Assoc.
340 South Flower Street
Orange, CA 92668
CONDITIONAL USE PERMIT NO. 90-72
OWNER:
.J
To establish a 2,500 square foot market to include the off-site sale of
beer and wine in an existing retail center under the authority of Municipal
Code, Section 19.83.500.
Located in a tenant space of a multi-tenant retail center on the south-
east corner of Kendall Drive and University Parkway at 1689 Kendall Drive,
Suite A.
EXISTING
LAND USE
Multi-Tenant Retail
Apartments
Single-Family Residences
Single-Family Residences
Apartments
GENERAL PLAN
DESIGNATION
Commercial General
Residential Medium
Residential Suburban
Residential Suburban
Residential Medium
ZONING
CG-1
RM
RS
RS
RM
\..
GEOLOGIC I SEISMIC 0 YES
HAZARD ZONE: IXJ NO
...., ,
FLOOD HAZARD 0 YES 0 ZONE A
I \. ZONE: I[l NO 0 ZONE B
( SEWERS:
I[l YES )
o NO .
HIGH FIRE 0 YES
HAZARD ZONE: ex NO
) \
AIRPORT NOISE!
CRASH ZONE:
o YES) REDEVELOPMENT
PROJECT AREA:
IXJ NO ~ \..
[] YES
o NO
o NOT
APPLICABLE
o POTENTIAL SIGNIFICANT
EFFECTS WITH
MmGATlNG MEASURES
NOE.l.R.
o E.l.R. REQUIRED BUT NO
SIGNIFICANT EFFECTS
WITH MITIGATING
MEASURES
o SIGNIFICANT EFFECTS
SEE ATTACHED E.R.C.
MINUTES
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ij] ~i't'ibn 15301
Class 1
o NO SIGNIFICANT
EFFECTS
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PUN-I.D2 PAGE 1 OF 1 (4-10)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 90-72
6
2-19-91
2
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
~
REOUEST
The applicant requests approval of a Conditional Use Permit under
the authority of Code Section 19.83.500, to establish a 2,500
square foot mini-market to include the off-site sale of beer and
wine in an existing mult-tenant commercial retail center in the
CG-1, Commercial General, General Plan land use district.
SITE LOCATION
The pr~posed mini-market will occupy a
space 1n an existing 16,179 square foot
the southeast corner of Kendall Drive
further described as 1689 Kendall Drive,
2,500 square foot tenant
retail center located at
and university Parkway,
suite A.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and is
in conformity with the General Plan as shown in Attachment "An.
CALIFORNIA ENVIRONMENTAL OUALITY ACT STATUS
The proposal is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section
15301 (a), Class 1 exemption.
BACKGROUND
The commerical retail center was approved by the Development
Review Committee on December 29, 1988, under Review of Plans 86-
143. Conformance of the proposal with respect to site plan
design, elevations, setbacks, lot coverage, circulation,
landscaping and parking was reviewed in the Review of Plans
process.
In addition, a proposal to establish a mini-market including the
off-site sales of general liquor was proposed for the same site,
1689 Kendall Drive, suite "An and was denied at the August 7, 1990
Planning Commission meeting. In this earlier proposal, case file
Conditional Use Permit 90-22, the applicant had at least two
negative encounters with law enforcement including convictions for
sales to minors. According to staff, concerns about the previous
applicant's history may have been the predominate reason for
denial .
PL,AN.1.D8 PAGE 1 OF 1 (""8D)
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OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 90-72
6
2-19-91
3
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
ANALYSIS
PROPOSED USE
The intent of the commercial General land use designation is to
provide goods and services which include general retail,
restaurants and convenience stores. 'The proposed use of a market
with off-sale of beer and wine is consistent with the intent of
the General Plan and is permitted with approval of a Conditional
Use Permit.
COMPATIBILITY WITH THE NEIGHBORHOOD
The commerical center is located in what is essentially a
residential environment punctuated by the campus of california
State University, San Bernardino. Characteristics of the State
College district include established single family neigborhoods
and multi-family units as well as recently planned , single family
suburban developments.
Directly north of the intersection of Kendall Drive and
University Parkway is undeveloped property designated in the
General Plan as CG-3. Future land development will be required to
demonstrate a university village environment, and according to
General Plan Policy 1.23.11 "will allow for nighttime use of
university-related commercial uses, provided that they do not
adversely impact adjacent residential uses".
Because the proposed site
residential and commercial
with the surrounding land
General Plan provides for
the State College area and
is in the vicinity of both existing
land use designations, it is compatable
use. This policy guideline from the
the compatability between residents in
nighttime commercial uses.
MUlti-family apartments abut the commercial center parking lot on
the west and are located north of the center across Kendall Drive.
Single family homes, the nearest being 1699 Sheridan Road,
approximately 75 feet from the proposal, lie easterly of the site
as well as to the south.
The nearest school, Kendall Elementary, is located approximately
650 feet from the proposed site. California state University is
approximately one quarter of a mile to the north of the site.
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PLAN-I.08 PAGE 1 OF 1 (4-10)
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OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 90-72
6
2-19-91
4
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
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,. CRIME
The site of the proposed market is located within census tract 46,
and a crime reporting district which is 41% below the average
crime statistics for the entire City. According to the San
Bernardino police News Release dated December 28, 1990, during the
seven week period from November 4 to December 25, 1990 vehicle
burglaries rose 116 % from the same period one year ago.
CONCENTRATION OF ALCOHOL ESTABLISHMENTS
The nearest on-site sale of alcohol, as reported by investigator
Detective Diaz, is the Jersey pizza at 985 Kendall Drive located
one and 6/10 mile from the proposed site. The nearest off-site
sales is the 7-11 market at 1395 Kendall Drive approximately 9/10s
of mile away. Other off-site locations are in excess of one mile
from the proposed location.
The concentration of existing outlets for off-site sales, 13 and
two pending, exceeds the saturation level of nine, as determined
by the police Department. In contrast, the number of existing
on-site sales, six and one pending, ranks below the current
saturation point, eleven.
Because the determined number which is set for saturation levels
is lower for the off-site alcohol sales, and because more off-site
locations are generally proposed, these concentrations occur more
readily.
COMMENTS RECEIVED
Area Residents
The applicant hired Rosalie Hurtado, who is an employee of a
business located in the same retail center to circulate a petition
in support of the proposed business, throughout the residential
community. The petition also states that the undersigned have no
objection to a market which would include the sale of alcoholic
beverages in the above mentioned center.
The applicant has submitted to staff the petition with 291
signatures. .Although it is not possible to verify the accuracy of
information provided, several residents who had signed the
petition were contacted by Detective Diaz of the police
Department to verify their position and signature.
On January 16, 1991 The police Department contacted Mrs. Lee at
1699 Sheridan Road, who is opposed to the proposed business. Mrs.
Lee advised Detective Diaz of her concerns that the retail center
maintain the lighting in the parking area to a sufficient level so
as to discourage loitering .
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PLAH-&DI PAGE 1 OF 1 (4-10)
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CITY OF SAN BERNARDINO PLANNING CASE CUP NO. 90-72
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 6
OBSERVATIONS HEARING DATE 2-19-91
PAGE 5
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The police contacted Paul Plesnicher, 1649 Sheridan Road, who
advised the investigator that currently he is not opposed to the
sales of beer and wine. Mr. plesnicher previously submitted a
written letter of protest to ABC concerning CUP 90-22. At the
time, his objection to the proposed business was the sale of
general liquor rather than the sales of beer and wine. CUP 90-22,
which was proposed to establish a market including the off-site
sales of general liquor, was denied last year.
Comments
indicated
and wine.
from area residents ,included in the police Report,
that they were not opposed to the off-site sale of beer
council
On December 10, 1990, staff received comments from Councilman
Minor opposing the establishment of a market which includes the
off-site sales of alcohol. He did not distinguish between the
sale of general liquor and beer and wine only.
California State University, San Bernardino
Comments from the California State University,
approval of Conditional Use Permit 90-72, were
from the police Department.
which opposes the
received by staff
Staff contacted the Department of Alcoholic Beverage Control (ABC)
to confirm that the University operates a food establishment which
includes the on-site sales of beer and wine. The University has a
Type 41 License from ABC for the on-site campus sales of beer and
wine.
police Department
The police Department does not support the proposed business
primarilY due to the increased change in rate, between 1989 to
1990, during the 7 week period from November 4 to December 25,
1990.
Development Review Committee
The Development
the meeting on
site plan, the
hearing.
Review Committee (DRC) reviewed the proposal at
January 18, 1990. Based upon their review of the
proposal was cleared onto Planning commission for
P_ PAGE'OF' (.o.Illll
~~~n
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 90-72
6
2-19-91
6
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
"
APPLICANT HISTORY
On January 17, 1991, the Police Department contacted ABC regarding
the applicant Mohammad Ali. The applicant currently holds an ABC
license for the M & M Liquor and Market, 10541 Indiana street,
Riverside, and is part owner of the market. ABC advised the
Police investigator that there were no special conditions,
violations or adverse letters from law enforcement agencies in the
business' file.
CONCLUSION
The proposed establishment of a market including the off-site
sales of beer and wine is a permitted use subject to the approval
of a Conditional Use Permit. The design of the commercial center
conforms with the San Bernardino Municipal Code with respect to
site plan, elevations, setbacks, lot coverage, landscaping and
parking and was reviewed by the Development Review Committee.
The crime statistics for reporting district880jSC402 are below
city wide average.
Whereas Conditional Use Permit 90-22 requested approval for sales
of general liquor, the current applicant requests a permit for
the sales of beer and wine. Further, the current applicant has
had no history of negative encounters with the Police.
Staff holds that, if the attached Conditions of Approval
(Attachments C and D) are adopted, and if the proposed business
would be operated between the hours of 7 a.m. and 10:00 p.m., the
proposed market which includes the off-site sales of beer and wine
would be compatible with the surrounding commercial and
residential land use .
RECOMMENDATION
Staff recommends that the Planning Commission approve Conditional
Use Permit No. 90-72, based on the attached Findings of Fact
(Attachment B) and subject to the Attached Conditions of Approval
(Attachment C).
~;fr~-W'
Larry ~. Reed
Dir~or ~f Planning ~nd
~~#X S /'4d?'M!/l
benise S. Moo~r
Assistant Planner
Building Services
....
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PL.AN-I.III PAGE' OF 1 (....aD)
,
-
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 90-72
6
2-19-91
7
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
,
Attachments:
A - Municipal Code and General Plan Conformance
B - Findings of Fact
C - Conditions of Approval
D - Standard Conditions
E - police Department Investigation
F - site Plan, Floor Plan and Elevation
G - Location Map
:T.&c.==ro
~
- .': lI:.m- PAC~.-~
.
ATTACHMENT A
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 90-72
6
2-19-91
8
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
MUNICIPAL CODE AND G~NERAL PLAN CONFORMANCE
CAt~ao~v
Propo~al
Municipal
Cod@
General
Plan
Permitted Use
Market ....ith
off-site sale
of liquor
Permitted
subject to
a conditional
use permit
N/A
Height
18.5 feet
2 stories
or 30 feet
2 stories
or 30 feet
Setbacks
Front
10 feet
Side-Street
10 feet
5 feet
5 feet
N/A
N/A
Abutting
Residential
5 feet
5 feet
N/A
Lot Coverage
parking
19\
11
70\
11
70\
MIA
*
2,520 square feet at 1 parking space/250 square feet
2,520/250 . 10.08 or 11 parking spaces
...
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PLAN-8.ll8 PAGE IOF I (4-00)
ATTACHMENT B
.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 90-72
6
2-19-91
9
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE
PAGE
r
FINDINGS OF FACT
1. The proposed market use is in conformance with the objectives
of the City's General Plan, in that food markets with off-site
beer and wine sales are permitted in the CG-l, Commercial
General, land use designation subject to the approval of a
Conditional Use Permit.
2. The proposed use will not adversely affect the adjoining land
uses and the growth and development of the area in which it is
to be located. Conditions of approval will mitigate potential
negative impacts to the surroundng residential properties.
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
and general welfare in that the commercial development on the
site was approved under Review of Plans No. 86-143.
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, in that Review of
Plans No. 86-143 was evaluated by the City Traffic Engineer
who determined that the commercial center would not
significantly impact existing patterns of circulation, and
the Planning Division determined that the commercial
development provides sufficient off-street parking to serve
the proposed use.
5. Bases on the above noted Findings, and under the mitigating
conditions imposed, the granting of Conditional Use Permit
No. 90-72 will not be detrimental to the peace, health and
safety and general welfare of the citizens of the City of
San Bernardino.
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Pl..M-8.Dl PAGE10F1 l~
.
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 90-72
6
2-19-91
10
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
1. Convex mirrors shall be located within sight of the clerk's
counter to provide adequate visibility to all aisles.
2. Business hours shall not extend beyond the fOllowing time
intervals: 7 a.m. through 10 p.m. seven days a week.
3. Sales of single cans of beer or wine cooler containers shall
not be sold .
4. Wine shall not be sold in containers smaller than 750 mI.
or with an alcoholic content greater than 15 t.
5. CUps or individual servings of ice shall not be sold except
for soft drink dispensers.
6. posting of signs prohibiting littering and loitering shall be
required and enforced by management.
7. No alcoholic beverages shall be consumed on the exterior
of the property adjacent to the licensed premises or under
control of the licensee.
8. Exterior lighting will be sufficiently and properly maintained
to illuminate all areas of the exterior of the building and
property for easy detection of suspicious and criminal
activities.
9. No game machines, video or otherwise on licensed premises.
10.No public telephone booth shall be located on the premises.
~.=.::r==
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PLAN-8.DI PAGE 1 OF 1 (4-10)
.
CITY OF SAr ORNARDINO PLANr- I"'l DEPARTMENT
~E CUP NO. 90-72
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
6
2-19-91
"r
11. Atter 12 months ot operation of the >>usiness, the
license owner, shall su>>mit to the city two sets of
mailing la>>els of property owners and their address
and/or tenants addresses of property within 500 feet of
the exterior >>oundaries of the >>usiness property owned
>>y the licensee. A map illustrating the 500 foot radius
>>oundary and all parcels within that >>oundary shall also
>>e su>>mitted. This information shall >>e o>>tained from
the latest San Bernardino County equalized assessment
roll and maps. After receipt ot the mailing lGels and
map, the city will send an evaluation questionnaire to
those neign>>oring property owners and residents,
Councilmem>>ers and Police. This evaluation
questionnaire will ask questions Gout the operation
impacts ot the >>usines., the ettectiveness of current
conditions ot approval and any proposed changes to the
conditions ot approval.
If any su>>stantiated and su>>stantial negative
evaluations are received or at the City's discretion, a
pu>>lic hearing with the planning commission shall >>e
held. upon notice >>y the city, tifty percent of the
latest conditional Use permit application tee shall >>e
paid >>y the applicant tor the preparation of the
evaluation report to the Planning commission.
After the pu>>lic hearing the planning commission may
modify any existing conditions of approval, add new
conditions ot approval or revoke the Conditional Use
Permit. These revised conditions or revocations shall
>>e permanent and su>>j ect to appeal to the Mayor and
Common council within 15 days atter imposition.
Alcoholic BAveraae Conditional Use Permit
- ~
The Gove process
operation impact. may
years ot operation as
of evaluation ot the >>usiness
>>e required in any su>>sequent
determined by the city.
.CITY OF SA~ (:ERNARDINO PLANe ~ DEPARTMENT
~E CUP NO. 90-72
CONDITIONS
AGENDA ITEM 6
HEARING DATE ~-..2L--
PAG
..~
Operation quidelines that the licensee should follow in
the s.lling of alcohOlic b.verages ar.:
Not permitting drinking in the parking lots.
Not allowing drunks on the premises.
Discouraging loitering on the premises and
congregation of groups of people.
Not selling to minors or someone under the
influence.
Maintaining a clean store and parking lot,
including immediate trash pick-up and graffiti
removal, and maintaining the landscap.d areas.
Limiting sales of individual or small amounts of
beverages that could be consumed immediately on or
near the store premises.
12. Arcad. gam. machin.s shall not be locat.d on the
premis.s.
13. outdoor public tel.phones .hall not b. allow.d.
14. Alcoholic bev.rage shall not be allow.d to be consum.d
on the premis.s (in.id. or outsid.) of the proj.ct
property und.r own.r.hip of the lic.n....
15. Th.re .hall be .uffici.nt, maintained .xt.rior lighting
to identify any p.r.on or thrir activiti.s by the polic.
of any property und.r own.rship of the licen.e..
16. Two documented Alcoholic Beverage control violations for
sale. to minors or to .omeone under the influence .hall
re.ult in the immediate revocation of a store's
conditional U.e permit.
17. The out.id. area shall be kept clean by immediate trash
pick-up and/or sweeping, all graffiti .hall be removed
within-.e~n day. of occurrence and the developed ar.as
shall be properly maintained.
18. The above conditional Use Permit condition. of approval
shall be posted inside the .tor. at a promin.nt public
location.
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.
CITY OF SAI. QRNARDINO PLANI~..~ DEPARTMENT
~E CUP NO. 90-72
CONDIT.IONS
AGENDA ITEM
HEARING DATE
PAGE
6
2-19-9C
.,~
19.
possigl. additional conditions of approval, gased upon a
n.gativ. .valuation proc.ss outlin.d .cove, include gut
are not limited to the following condition..of approval:
~~c;:' ;~::~t~~n. o.f J.aaroval
J,lcoh____ --Y---- __nc!it:.ional u.. p.rmi1:
A. Arcade game machin.s shall not ge located on the
premises.
B. outdoor public tel.phon.s shall not ge allowed.
c. sign. saying "No loit.ring", "No littering" and "No
public drinking" shall ge posted in the front, rear
or sid.s (as appropriate) of the .st.clishm.nts.
store employe.s shall ge r.quired to advise anyone
loitering to l.av..
D. Alcohol gev.rag.s shall not g. allow.d to ge
con.um.d on the premis.s (inside or outsid.) of the
proj.ct property und.r ownership of the lic.n.e..
E. Th.r. shall ge suffici.nt maintain.d .xt.rior
lighting to identify any person or th.ir activities
gy the Polic. of any property und.r own.rship of
the licen....
F. Sal.s of single ge.r or win. cool.r containers
shall not ge pemtted. Be.r IlUSt b. sold only in
six-packs and win. cool.rs in four-packs.
G. cups and corkaCr.- or individual s.rvings of ice
shall not ge sold, exc.pt soft drink dispens.rs.
B.
Win. shall not ge sold in containers
750 1M. or with an alcoholic content
15'.
.-aller than
gr.at.r than
I. Busin.ss bours for sale of alcobolic gev.rag.s
sball ge r.stricted froa opening .arli.r than 7:00
a.m. or closing lat.r than 9:00 p.m.
J. Only on. sign adv.rtising "liquor" shall be
.
.
CITY OF SA. CERNARDINO PLAN~" ~ DEPARTMENT .'
. ~E CUP NO. 90-72
CONDITIONS
AGENDA ITEM
HEARING D~~
Fl~
6
2-19-91
~A
allowed. Neon beer or wine window signs visible
from the outside shall not be permitted.
K. Refrigerated beer or wine shall not be sold.
L. Alcoholic beverage sales shall not constitute more
than 30' of the markets shelf space.
Alcoholic beverage sales shall not constitute more
than 30' of the gross sales, and quarterly receipt
records shall be made available for City
inspection.
N. All alcohol sales shall be by clerks 21 years of
age or older.
M.
O. TWo documented Alcoholic Beverage Control
violations for sales to minors or to someone under
the influence shall result in the immediate
revocation of a store's Conditional Ose Permit.
P. The outside area shall be kept clean by immediate
trash pick-up and/or sweeping, all graffiti shall
be removed within seven days of occurrence, and the
landscaped areas shall be properly maintained.
Q. On-site security patrol' quard coverage shall be
provided during business hours.
R. On-site electronic surveillence shall be required
during business hours.
s. The display area for the sale of alcohol beverage
shall be limited to the rear one-third of the
store.
T. Tbe &Dove Conditional Ose Permit conditions of
approval shall be posted inside the store at a
prominent public location.
/ke
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ATTACHMENT D
..
.
CONDITIONS
CASE
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 90-72
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
Ii
2-19-91
15
".
S'r1lmARD ~NnY'l'YONS
1. Minor mo4ifications to the plan shall be subject to approval
by the Director of planninq. An increase of more than 1.0
percent of the square footaqe or a siqnificant chanqe in the
approve4 concept shall be subject to (planninq commission an4
Development Review Committee) review an4 approval.
construction shall be in substantial conformance with the
Plans approve4 by the Development aeview Co_i ttee, Planninq
c~ission or Director of planninq.
The 4eveloper is to submit a complete master lan4scape an4
irriqation plan (4 copies) . for the entire 4evelopment to the
EDqineerinq Department with the require4 fee for approval,
the lan4scape plans will be forwar4e4 to the Parks,
Recreation, an4 community Servic.. an4 the Planninq
Department for review an4 approval. (Note: the is.uance of a
lNil4inq permit, by the Department of Buil4inq an4 Safety of
the City of San Bernar41no,. eloe. mlt waive these
requireaent./conclitions.) No qra4inq permits will be issued
prior to approval of lan4scape plans.
The ele.iqn shall inclucie, but not be l1lllite4 to the
tollowinq:
Street tree. shall be plante4 on 30 foot center
spacinq unl... otherwise inclicate4 by the Depart:lllent
of Parks, Recreation, and community Service.. The
Parks Depa1"Ulent shall eletenaine the varieties and
locations prior to plantinq. All trees shall be 24.
box specimens. Tree. are to be inspecte4 by a Park
Division representative Drior to plantinq.
Planters shall be encloseel with concrete curbinq.
.....".
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r.IIP NO. 90-72
~
CONDITIONS
CASE -
AGENDA ITEM
HEARING DATE
PAGE
...01
CITY OF SAN BE~OINO PLANNING
AND BUILDING SERVICES OEPARTMENT
fi
?_lQ_ql
1h
The landscape anel irric;atlon plazw shall cOIIPly ..,ith
the -Procedure and Polley tor Landscape and
Irrlc;ation- ,avaUUlle tro. the Paru Departaent).
S=j ect to the Condition. ot the Department ot paru and
beeation ,attached).
':rees, shrul:ls and CJ2:'Oundcover of a type and quality c;enerally
consistent or c=-p&tible with that characterizinc; sinqle-
faaily hoaes shall ~ provided in the tront yard. anel '=hat
portion of th side yards which are visible troll the stnet.
All landscaped ar_s aust ~ provided with an autoaatic
irription syst_ adequate to insure their viullity. The
lUd.eape and irription plans shall be approvacl by the Paries
aDcl llecr_tion Depart::lant.
2. At all tiaea the baaines. will be operated 1.n a unner ."b.ich
doe. not proeluce oDnoxious noi.e, vibration, odor, elust,
"P, c;lare, or other nuisance.
~
The se1:J:laCb troa the north _ , south - ,
ea.t _ , w_t _ property line shall be ber:lled
at a -,,~ -,. 3: 1 slope and shall be planted with a
tall fescue type turfqras..
A t&ndscape butfer zone shall be 1.nstalled bet-"ean
facilities anel street.
A sic;n prw4:r:aa tor the aul1:1-tenant ccmaercial/inclust=ial
centeZ' shall 1M Al'1'6"1I'oIcl by the Plannin9 Departaent prior to
1uuanc:a of Caftificate of occupancy.
IJl the evant that this approval is leqally cb.allanqed, the
City will p:r:,...,uy notify the applic:ut of any claia or
a=1on and wU.l c:oopente fully in the detense of the _t-:er.
0Dc:e notified, the applicant aqre_ to defencl, incl~ify, and
bOlel b.an1e.. the City, its officers, Aqants and _ployee.
troll any claia, action, 01' proce..si~ aqa1.nst the City of San
Bernardino. The applicant tw:'ther aqzoe_ to ra1Jlbune the
City of any costs and attozoneya' f.- vb1ch the City -y be
requirecl by a court to pay a. A Z'esult of such action, mat
such participation shall not relieve appl1cant of his
obl1ption under this coad1tion.
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DRC/ERC
DATE
CASE c.v P 7Q-7z...
CXTY OF SAN BERNARDXNO
STANDARD REQUXREHENTS
POLXCE DEPT
4.
SECURITY
V
5.
./
6.
../'
7.
v
v
8. __
9.
~/
10. V
11. V
FOR COMMERCIAL/INDUSTRIAL DEVELOPMENTS
LIGHTING:
Li~hting levels on the exterior of the building are to pro-
vide a minimum of one foot candle of minimum maintained il-
lumination. evenly distributed. on the ground level from
dusk until the termination of business each operating day.
All exterior doors to buildings shall be equipped with an
illumination device capable of providing a minimum of one
foot candle of maintained illuminated at ground level during
hours of darkness.
Aisles. passageways. and recesses related to and within the
project complex shall be illuminated with an intensitr of~at
least .25 foot candles at the ground level during the hours
of darkness.
Open parking lots and carports shall be provided with a
mInImum maintained one foot candle of li,ht evenly distrib-
uted on the parking surface during the hours of darkness.
All exterior lighting devices are to be inaccessible to
common reach or climbine and shall be protected by weather
and vandalism resistant covers. All exterior lighting shall
be projected so as to not cast li,ht onto adjoining prop-
erties.
Interior night lightine shall be maintained in those areas
that are visible from the street (ground floor only).
There shall be a minimum of 20 foot candles of illumination
per square foot of surface area adjacent to gas pumps.
Parkin, lot poles will be shake proof so that lights cannot
be daaaged by shaking the pole.
Light fixtures shall be positioned in such a manner so that
"stray" light does not affect adjoining property owners.
Interior night lightin, shall be maintained in those areas
that are visible from the street Iground floor only).
12.
v
DOORS. LOCKS. AND WINDOWS:
Swinging exterior glass doors, wood or aetal doors with
glass panels. solid wood or metal doors shall be constructed
or protected as follows:
A) Wood doors shall be of solid core construction with a
_~-'';_''_ +}..';"'\''''OC'C! t"\~ 1 ~/A"
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'...../
DRC/ERC
DATE
CASE
CXTY OF SAN BERNARDXNO
STANDARD REQUIREMENTS
POLXCE DEPT
13.
/
14.
v
B) Hollow metal doors shall be constructed a minimum
equivalent to sixteen U.S. gauge steel and have suf-
ficient reinforcement to maintain the designed thick-
ness of the door when any locking device is installed
such as reinforcement being able to restrict collapsing
of the door around the locking device.
C) The above doors shall contain a 190 degree view angle
door viewer.
Except when double cylinder deadbolts are utilized, any
glass utilized within 40" of any door locking mechanism
shall consist of laminated glass, tempered glass, wired
glass or plastics.
All swinging exterior wood and steel doors shall be equipped
as follows:
Al A single or double door shall be equipped with a double
or single deadbolt. The bolt shall have a minimum pro-
jection of 1" and be constructed so as to repel cutting
tool attack. No double cylinder deadbolt locks shall
be installed on the front door.
B) The deadbolt shall have an embedment of at least 1"
into the strike receivin, the projected bolt. The
cylinder shall have a cylinder .uard, a minimum of five
pin tumblers, and shall be connected to the inner por-
tion of the lock by connect in, screws of at least 1/4"
in diameter. The recoaaendation does not apply when
panic hardware is required or an equivalent device is
approved by the Building Code.
C) The strike plate shall be a minimum of 3" in height and
shall be secured to the jamb with a minimum of four
2-1/2" screws.
Double doors shall be equipped as follows:
Al The active leaf of double doors shall be equipped with
metal flush bolts having a minimum embedment of 5/8"
into the head and threshold of the door frame. Double
doors shall have an astragal constructed of steel, a
minimum of .125" thick, whicb will cover the opening
between the doors. This astra.al shall be a minimum
of 2" wide and extended a minimum of 1" beyond the edge
of the door to which it is attached. The astragal
shall be attached to the outside of the active door by
means of welding or with nonremovable bolts spaced
apart on not more than lO" centers.
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STANDARD REQUXREMENTS
DRC/ERC
DATE
CASE
POLXCE DEPT
CXTY OF S~N BERNARDXNO
-/
All exterior hinged doors are to open/swint outward.
l5.
16.
v
Hinges for out-swinging doors shall be equipped with non-
removeable hinge pins or a mechanical inner lock to preclude
removal of the door from the exterior by removing the hinge
pins.
17.
v
Windows
A) All moveable windows shall be equipped with a locking
device and shall be constructed in a fashion to re
strict them from being lifted out of their tracks when
in the closed position.
BI All moveable windows shall also be equipped with an
auxiliary locking device which prevents the window
from being slid open 1either vertically or horizon- ,
tally) open while in the closed position.
Garage type doors: (rolling overhead, solid overhead,
swin.ing, slidin" or accordion stylel
Al The above described doors shall conform to the follow-
in, standards:
1. Wood doors shall have panels a minimum of 5/l6"
in thickness with the lockin, hardware being at-
tached to the support framing,
2. Aluminum doors shall be a minimum thickness of
.0215" and rivet together a minimum of l8" on cen-
ter alon. the outside seams. There shall be a
full width horizontal beam attached to the main
door structure which shall meet the pilot or
pedestrian access door framing within 3" of the
strike area of the pilot or pedestrian access
door;
3. Fiberglass doors shall have panels a minimum den-
sity of 6 ounces per square foot from the bottom
of the door to a hei.ht of 7' and panels in
residential structures shall have a density of not
less than 5 ounces per square foot.
B) Where slidin. or accordion doors are utilized, they
shall be equipped with .uide tracks which shall be de-
signed so that the door cannot be removed from the
track when in the closed and locked position.
C) Doors that exceed 16' in width shall have 2 lock
receiving points: or, if the door does not exceed 19',
.- ~ -
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DRC/ERC
DATE
CASE
CXTY OF S~N BERNARDXNO
STANDARD REQUXREMENTS
POLICE DEPT
18.
,/
19.
ADDRESS
,/
20.
v
21.
V"
a single bolt may be used if placed in the center of
the door with the locking point located either in the
floor or in the door frame header.
D) Overhead doors shall be equipped with slide bolts which
shall be capable of utilizing padlocks with a minimum
9/32" shackle.
1, Slide bolt assemblies shall have a frame a mInImum
of ,120" in thickness, a bolt diameter a minimum
of 1/2", and protrude at least 1 1/2" into the re-
ceiving guide. A bolt diameter of 3/8" may be
used in a residential building.
2. Slide bolt assemblies shall be attached to the
door with bolts 'which are nonremovable from the-
exterior. Rivets shall not be used to attach
such assemblies.
E) Padlocks used with exterior mounted slide bolts shall
have a hardened steel shackle a minimum of 9/32" in
diameter with heel and toe locking and a minimum 5 pin
tumbler operation, The key shall be nonremovable when
in an unlocked operation.
F) Doors utilizin, a cylindeT lock shall have a mInImum of
five pin tumbler operation with the bolt or locking
bar extend in, into the receivin, ,uide a minimum of l".
Common walls shall be as sound proof as possible.
All roof openin,s ,ivin, access to the building shall be
secured with either iron bars, metal ,ates, stamped metal or
shall be alarmed and meet with the approval of the police
department,
NUMBERS
Roof top address numbers shall be provided, They shall be a
minimum of 3' in length and 2' in width and of contrasting
color to the background, Numbers shall be placed parallel
to the street address as assigned.
The project shall display street address numbers placed
in a prominent position as near tWe street as practical.
Numbers shall be a minimum of 6" in height and of a
contrasting color to the background.
All individual units shall be clearly identified by numbers,
letters, or a combination thereof. These numbers and
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DRC/ERC
DATE
CASE
CXTY OF SAN BERNARDXNO
STANDARD REQUXREHENTS
POLXCE DEPT
letters shall be a minimum of 6" in heilht and of a contras-
tinl color to the backlround.
All numbering of units shall be in a sequential. logical
order.
ACCBSS CONTROLS:
22. V
An access control override device shall be provided for use
by police department personnel to gain i.mediate access.
Peri.eter fencing or cross fencinl shall be installed to
prevent criminal movement or activity.
The exterior business walla shall be posted with Hunicipa~
Code Section 9.52.070 rel.tive to trespassing.
The place.ent of outside public telephones sh.ll be re-
stricted to an area immediately .dj.cent to the front of the
store.
RETAIL/CONVENIENCB STORES
23.
~
24.
V'.
25.
./
26.
/'
27.
/
Lock.ble cold bever.ge (beer) c.ses shall be locked at
2:00 ....
No alcoholic bevera,es shall be displayed or stored in the
front 2/3 of the custo.er .rea.
Ice .achines shall not be installed in front of store win-
dows.
The interior cashier/sales counter shall be loc.ted so it
is visible fro. the buildin, exterior. Tl.6 fl.... are.
i~-i.. tll. ,..ftuftt.er .hall hit .1ava+_Mt . -;"',.... of &.. above
the Ila~. vt Lla. bu_ill.'"
Windows and counter/cash re,ister area will not cont.in dis-
plays/advertise.ent. that block the visibility of the
cashier fro. the outside of the store.
A photo-electric be.. across the entry door shall be
installed to audibly notify or ring when custo.ers enter the
store.
Utilization of outside intercom speaker. is prohibited.
,..,.,.."'" .""'."
-0-
'0-
DRC/ERC
DATE
CASE
POLICE DEPT
.
CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS
ALARM SYSTEMS
/'
28.
If the units are alarmed or wired for an alarm system, the
buyer is to be notified to contact the Police Department for
an alarm permit.
OTHER REQUIREMENTS
/
The placement of machinery (co.pressor equip.ent) shall be
away from residential area. to abate the intensity of noise.
29.
".
""""'~".",~"--
.
'APPLICATION FOR
JOLla COlIC.... .. A n I\LHM~I~ I ~
:QOITIOIW. USI PERMITS FOR AOmoL .ZVIRAGI
LICENSES
f'
LOCATION,
1689 Kendall Dr., #A (M & M Market)
Conditional U.. Permit
No. Qn_7?
Reporting District
RD880/SC402
(')R/D Average -41%
Part I Crimes
Persons 8
83
Property
75
Part 11 Arrest. 15
Alcohol Related 3 = 20%
Past 90 days:
5/1/90 to 8/31/90
Alcohol related 25%
Cencu. Tract 46
On Sale E-6/A-11
1 pending
General Vicinity
Off Sale
E-13/A-9
2 p,ending
Distance To Nearestl
Distance
School J.C. Carmack School
4865 State St.
Cal State SB
Church College Dale Baptist Church
4747 State St.
Approx. 650'
3/10 mi.
Approx. 650'
5/10 mi.
Park
Lionel Hudson Park
Park & y1indsor
1-6/10 mi.
ABC Off Sale Licensed Premise.
1395 Kendall Dr.
Premise. Jersey Pizza
985 Kendall jlD/E
7-11
ABC On Sale Licensed
9/10 mi.
Distance of Parking Lot to Residence
1679 Kendall Dr.
1671 Kendall Or.
Distance of Building to Residence
1679 Kendall Or.
1671 Kendall Or.
9 .
45'
9'
9'
INVESTIGATION:
On 12/26/90. I received the investigation for a Conditional Use Permit
(CUP #90-72) which had been submitted by Mohammad Ali and Mohd Rammaha
for M & M Market, 1689 Kendall Drive. IA. SB. The nature of this project
will be an approximate 2,500 square foot market in an existing retail
center. which is located on the southeast corner of Kendall Drive and
University Parkway. The proposed business will sell grocery items,
produce, beverages and will include the off site sale of beer and wine.
10%'1""-""""-,,, ~
.0
-0
cUP #90-72
Page 2
The business will have one full time and one parttime employee in
addition to both applicants. who will operate the business. The proposed
business hours are 0600 to 2200 hours. seven days a week.
The applicants will apply for the Type 20. off-sale beer/wine ABC license
pending the approval of this Conditional Use Permit.
I received information from Denise Moonier. the assigned planner, that
Conditional Use Permit #90-22. had previously been investigated for
this same location for a Type 21. off sale general ABC license on
5/14/90. Conditional Use Permit #90-22. was subsequently denied by
the Planning Commission on 8/7/90. citing the applicant's (Wifki Mustafa)
past negative encounters with law enforcement. two violations and con-
victions for sales to minors and one sales of narcotic paraphernalia
violation.
On 12/28/90. I spoke to ABC Investigator Jack Clark. who advised me
that Mustafa's Type 21. ABC license had not been issued and was still
pending. He said that Mustafa had applied to have the license trans-
ferred from 1689 Kendall Drive, #A to another location in San Bernardino
County which he had not been able to secure. Mr. Clark advised me that
Mustafa was given 90 days to transfer his Type 21 license from that
location and the deadline was 1/17/91. however. that deadline could
possibly be extended. depending on the circumstances. He advised me
that Mustafa would not be able to transfer that license to any other
person and would have to transfer the license to another suitable
location or have the license revoked. Mr. Clark advised me that the
current applicants. Mohammad Ali and Mohd Rammaha had not yet made an
application for an ABC license with ABC. He advised me that the
applicants would have little difficulty in obtaining a Type 20 on sale
beer/wine license for that location and that it was within policy for
the applicants to apply for their Conditional Use Permit and await its
approval prior to applying for their ABC license.
On 1/17/91, I contacted ABC regarding applicant Mohammad Ali who
currently holds a ABC license for the M & M Liquor and Market, 10541
Indiana Street, Riverside, which he is the part owner of. I was advised
that there were no special conditions, violations or adverse letters
from law enforcement agencies in the business' file.
On 1/15/91, at approximately 1100 hours. I conducted an interview with
both applicants, Mohammad Ali and Mohd Rammaha. at the SBPD regarding
their application for a Conditional Use Permit. During the interview
Mr. Ali advised me that he had hired Rosalie Hurtado. who is an employee
of a business located in the same retail center to circulate a petition
in support of the proposed business, throughout the surrounding area.
Mr. Ali advised me that he had received the completed petition with
signatures and would provide me with a copy of it.
During this investigation I reviewed the previous Conditional Use Permit.
#90-22 investigation which had been completed for the same location
"._<.',~~,!h ",,'"
-0
.0
CUP #90-72
Page 3
and while doing so located a letter of opposition submitted by the
President of California State University, San Bernardino, Anthony H.
Evans. I later contacted Mr. Evans' office in order to determine if
the University was still opposed to the proposed business. I was
referred to the Vice President of University relations, Dr. Judith Rymer,
who advised me that the University was still opposed to the business
and that she would submit another letter of opposition stating their
basis for opposition. On 1/16/91, I received a copy of the letter which
had been signed by University President Anthony H. Evans and which was
consistent with the previous letter of opposition submitted by him.
See attached copy.
On 1/17/91, applicant Mohammad Ali provided me with a copy of the
petition which had been circulated in support of his business. I re-
viewed the 15 pages which Mr. Ali provided me with and found that their
were 295 names with 291 signatures on the petition. I contacted several
of the subjects listed on the petition and verified their position and
signature.
COMMENTS FROM AREA RESIDENTS:
On 1/16/91, I contacted several residents who live in the immediate
vicinity of this site.
I spoke with Caroline Sadergaski. 1663 Kendall Drive, who advised me
that she had no opposition to the proposed business and does not believe
that the business would increase any problems in the area. She feels
that the business would be beneficial to the area and provide easier
access to a market for the area residents.
I spoke with Clara Smalley, 1657 Kendall Drive. who advised me that
she is not opposed to the proposed business and does not believe that
the business would cause any problems to the immediate area. She was
originally opposed to a liquor store. however, believes that a grocery
store would be beneficial to the area and said that she does not have
any problem with the business selling beer or wine.
r spoke to Susan Lee. 1699 Sheridan Road. who advised me that she is
opposed to the proposed business because of the off site beer and wine
sales. She believes that the business would possibly cause further
problems in the area such as loitering, littering, drinking in public,
public intoxication and loud noise disturbances. Mrs. Lee said that
she is currently experiencing problems from the customers in the parking
lot of the retail center which is located directly across the street
from her residence, which include narcotic activity in the parking lot,
drinking. urinating in public and high speed traffic through the area.
She believes that the business will aggravate the problems which already
exist in the area and will increase the amount of vehicular and pedes-
trian traffic. She advised that she is not opposed to the market, only
to the sales of alcoholic beverages from that location. Mrs. Lee advised
that the current problems are caused by subjects who gather in the
parking lot of the retail center near the proposed business site and
advised me of the need for the retail center to maintain the lighting
and take other steps to prevent the problems from occurring.
,
-0
~o
.
.
CUP #90-72
Page 4
I spoke to Paul Plesnicher, 1649 Sheridan Road. who advised me that
he had previously submitted a written letter of protest to ABC regarding
the previously proposed business (CUP #90-22) which was regarding the
sale of "hard liquor". He said he is not as opposed to the beer and
wine sales of the currently proposed business. however. stated that
the area is already experiencing numerous problems, such as drunk in
public. narcotic activity. littering and loitering. He said that the
business would possibly contribute to the already existing problems,
unless it is properly controlled and managed by the business' owner.
I spoke to Catherine Rideout. 1676 Sheridan Road. who advised me that
she has no opposition to the proposed business and does not believe
that it will create any additional problems to the area.
I attempted to contact the residents of 1679. 1671 and 1667 Kendall
Drive, with negative results. I also attempted to contact the residents
of 1684. 1676, 1670 and 1664 Sheridan Road with negative results.
AREA COMMANDER COMMENTS:
On 12/28/90. a notification form regarding the proposed business was
sent to Area Commander Lt. J. Devlin. I later received a response from
Lt. Devlin's Administrative Sergeant, Sgt. Guerrero advising that he
was opposed to the proposed business because the neighborhood surrounding
the proposed business has recently experienced a radical increase in
residential burglary. vehicle burglary and auto theft which is documented
in a press release dated 12/28/90. He advised that it is a known fact
that substance abuse, such as the consumption of beer and wine greatly
contributes criminal behavior and feels that the addition of retail
alcohol beverage outlet at the proposed location would undoubtedly en-
hance the current crime problems and pose an added problem to the police
department's ability to provide a safe environment for the citizens
in the immediate neighborhood and that the proposed business would
potentially increase the police department's calls for service in that
area.
POLICE DEPARTMENT RECOMMENDATIONS:
If this Conditional Use Permit is approved it could be reasonably ex-
pected that an increase in activity, such as juveniles buying or
attempting to buy alcoholic beverages, littering, loitering, drinking
in public, public intoxication and drinking and driving could very
possibly be expected. It should be noted that Rule 61.4, Proximity
to Residences, could also apply and an ABC license may be denied by
ABC, per those rules. If this Conditional Use Permit is approved the
following conditions would be recommended by the police department and
if implemented would possibly alleviate or lessen the aforementioned
expected police problems.
-0
"0
CUP #90-72
Page 5
1. Must comply with all City building, fire, zoning and health
regulations.
2. No single cans and/or bottles of beer or wine coolers to be sold.
3. No sales of wine, in less than 750ml containers.
4. No wine shall be sold with an alcohol content greater than 15% by
volume.
5. No sales of ice in less than 7 lb bags.
6. posting of signs prohibiting littering and loitering and management
enforcing this.
7. No alcoholic beverages shall be consumed on the property under the
control of the licensee.
8. Exterior lighting will be sufficiently and properly maintained to
illuminate all areas of the exterior of the building and property
for easy detection of suspicious and criminal activities.
9. No public telephone booths shall be located on the business'
designated premises.
On 1/15/91 at approximately 1100 hours, I, Det. Diaz explained these
conditions to applicants, Mohammad Ali and Mohd Rammaha, who advised
me that they understood the conditions and would have no problem in
complying with the conditions and implementing these conditions in the
operation of the business.
Respectfully submitted,
~~
7.....~ . ~
jJ~ DIAZ, D ective
/Vice Detail
o
-
o
.
BUSINESS CONDITIONS
M & M MARKET
1689 Kendall Drive. #A. SB
1. Must comply with all City building, fire, zoning and health
regulations.
2. No single cans and/or bottles of beer or wine coolers to be sold.
3. No sales of wine. in less than 750ml containers.
4. No wine shall be sold with an alcohol content greater than 15% by
volume.
5. No sales of ice in less than 7 lb bags.
6. posting of signs prohibiting littering and loitering and management
enforcing this.
7. No alcoholic beverages shall be consumed on the property under the
control of the licensee.
8. Exterior lighting will be sufficiently and properly maintained to
illuminate all areas of the exterior of the building and property
for easy detection of suspicious and criminal activities.
9. No public telephone booths shall be located on the business'
designated premises.
IU.JEe~. ABC LICENSE APPLICA~ION
. "_.:'1!"~-.'.~:'Io- - ...-.~;. - .'.
~ ~ ..... MI. IDJ?tZ'
U YlCI IIttAd,
DAn. J l-2r.e::;tl
.
to! a....SDLVLIiVO
.
w~ r~c~iv~d a notic~ on th~ listed Alcoholic .~verage license
arid request your input, prior to approving or protesting the
application.
Please return this form to the Vice Detail with your comments
no later than ~'~I . If we receive no response
from you by that ate, it will be considered that you do not
have any interest in this matter.
ADDRESS.JlijCI rliJRAlL vI *-4
APPLICANT. mMIIt!//1l/ltf' J1a. /J11Y1/J M/Jm/l$1
TYPE OF LICENSE. fJHL,j1lJ/IA-{
YOUR COMMENTS. O/1'11N2 ttW'/ /MPL[;Y filL 11 O:/MJC Jf!LL dr /Jtz./..P/Y1/[
LJ](fiI'[.tJN Jlt/I-'1t~ DUr/JU tW t-7-CjO Ifr 1l4MLN~ /J#VI1.
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San Bernardino POI Department
P.O. Box 1559, San Bernardino, CA 92401
News Release
RELEASE
IMMEDIATE
DATE 12-28-90
DANIE~ A. ROBBINS
CHIEF OF POLlCE
REPORT NO: N /.
Approved By:
For More Infonnation Call:
(714) 384-5720
Sherrie Gue::rero
Media Information ~p.presentative
The San Bernardino police Department-is warning ,residents in the
northwest section of San Bernardino of an increase in vehicle and residential
burglaries during the 7-week period from November 4 to December 25, 1990.
When compared to this same time period in 1989, it has been found
that vehicle burglarieS rose 116% and residential burglaries rose 'about 1%.
The affected area is bordered by Kendall Drive on the north, Inter-
state-215 on the south, Little Mountain Drive on the east, and Palm Avenue on the
west.
Thieves are smashing out the side windowS of vehicles to gain access
to valuables inside. These thefts are most often occurring between 1:00 a.m. to
5:00 'a.m. and 9:00 p.m. to 11:00 p.m.
To gain entry into homes, suspects are primarily entering the living
areas through attached garages. These crimes are occurring between 7:00 a.m. to
noon and 4:00 p.m. to 6:00 p.m.
The Crime Prevention Office of the San Bernardino Police Department
wishes to remind residents that by using a few crime prevention techniques, these
thefts can be prevented.
Homes--including garages--should be locked and secured, even if you
will only be gone a few minutes.
Vehicles should be parked in well-lighted areas and all valuables
should be removed from the interior of the vehicle.
-MORE-
..... . ... .....
ct"'__".__'
221-002
.
'"
o
~~~~~_~NCREASE
'0
.
Be sure that all vehicle doors and windows are locked, and never
leave the pink slip in your vehicle.
If you do not normally drive your vehicle between 1:00 a.m. and 5:00
a.m.. it is a good idea to enroll your vehicle in the San Bernardino police Depart-
ment's C.A.T. (Combat Auto Theft) program.
By enrolling in the program, the registered owner signs a waiver giving
police the right to stop his or her vehicle during.the hours of 1:00 a.m. and
5:00 a.m.
But the most important step residents can take to safeguard their
neighborhoodS is to become involved in a Neighborhood Watch program. which teaches
neighbors how to protect their property, look out for one another, and report
suspicious activity to the police.
For more information on NeighborhOod Watch or the C.A.T. Program, or
if you have any other questions. please call your local Community Service Office
(see map below) or the Crime Prevention Office at 384-5715.
San~""~
COMMUNItY OIMNIID POlICING
. to better ...... -........
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....716
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....712
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....712
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Letter to beteeti.. bias
Jaavu1 16. 1991
hse 2
1 vrse the Sa. Ber~ar4iao Police beparraeat to .ake a
concentrat.4 effort to prevent the off-lite ..le of liquor in
the propo,ad facility.
8inC:lrI11.
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GAI.IPOIINIA .TAT. UNIV.".ITY
.AN ..IINAIIDING
TM Col/fo",1o
Sign Unlurrllty
OFFICE
orTRE
PIlEIIDENT
7141880.&001
J.nny 16, 1991
Detecti.. Jobu Di..
S.. I.~..~.i.o City 'olice Dep.rtmeat
466 w..t 4tb Itr..C
Sla II~aa~'iao, CA 92401
D.ar D.t.ctive Diaz;
It i. m, u.der.ta..i., tbat a con'itio.al u.e ,.rmit for I
2,500 .qu.re foot facility oa tb. .outbera cor.er of ~e.'.ll
Drive a.d v.iv.r.ity '.rkw., ba. beea .pplied for. Th. p.r-
mit would inclu'e off-.ite liquor ..1...
Oa beb.lf of C.llforaia Stat. Uaiver.it" a.. Bera.r4ino, 1
wl.b to .xprea. .troa, oppo.ition to the propo..l to .ell
liquor i. cb.c r,cllity.
At . time wh.a alcohol u.e ... .bu.e i. i.er.a.ia, ..oa.
t......r. a.' youa, a'ult., .1 b.lilv. th.t .0thlD' .houl' be
40.. to ..coura,. or flcilitat. the ..1. of alcobol to th...
.roup', Our .tu'e.t populatioa a.' the iDcr.a.!a, nv.b.r of
you., t....'.r. i. thl rl.i...ti.l Ir.a. n.ar thl ca.pu. .re
at p.rticul.r ri.k. 1 .i,ht poiat out that ia rece.t y..r.
the Uaiv.r.ity h.. t.k.n .tep. to re.trict the .al. 'D' u.e
of alcobol o. the campu., ... furtbe~ ~..trictioD' will be
i.ple.e.t.d ia the f.ll.
1. a"ition to ,rovidla. .a.y .cce.. to alcohol by vul.erabl.
,roup., the ,ropo.e' f.cility al.o ha. the pot.nti.l to
attract a bi,her than .or.al rate of erim. l. the form of
robberie. ... .hootia,., tbu. .aki.. the ..tir. r.t.il e.ater
1... .ar. for .eu...e. .n' n.ilhborhoo' p.tron..
'i.ally, .e h.ve b..a co.c.r..' for .o.etim. about the
..riou. tr.ffic con.ition. aa' the frequ.at acci'ent. .t the
~en'all Driv./Univer.ity '.rkway iDtar..ctioa. A"ia, liquor
.ale. o. th.t coraer .oul' h.v. the poteati.l to ex.c.rb.te
the .itu.tioa.
6600 Univenity PukwlJ/. San Banwdlno. CA 92407.23'7
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WE, THE UNDERSIGNED, N~:GnBORS OF U~IVE~SI:! SQUARE
snOPPlnG CENTER, hAVE ~~ OBJECTION TO HAVI~G A
MARKET WHICH WOUL~ INCLUDE THE SALE CF ALCOHOLIC
BEVERAGE IN THE ABOVE M~NTIONED S~JPPI3G CEiTER.
I~FACT, A ~ARKET 7~ER:, ~OULD 3E ~EF~ CO~VE~:EDT
FOR US, WOULD REDUCE DRIVING AND ~OULD SAVE TIVE.
WE URGE THAT A PERMIT FOP THAT USE BE GE~~TED.
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WE, '!'HE UIIDERSIG:;ED. :;"rGl"lOR::; 0: U::tV::',.;I':'; S~.:';,\!l:
SilOPPING CEN~ER, hAVE NO 06JECTIU~ TU liAV:GG A
MARKET WH!CIl WOULD INCLUDE THE SALE OF ALCOHOLIC
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I:;FACT. A ~.IARKET 'l'HERE, liGULD BE VERY ~J::';:::;r:::;T
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WE, THE U~DERSIGNED, N2IGUBOR3 U~ U~IV:~SITY S~~AR:
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BEVERAGE IN THE ABOVE MENTIONED SHOPPI~G CEeTER,
INFACT, A MARKET THERE. IIOULD BE VERY COGVENIEDT
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WE, THE UnDERSIGNED, N:IGUnORS 0~ U~IV:~SI~~ S~~An:
SHOPPING CENTER, hAVE ~O OBJECTI03 TO HAVING A
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BEVERAGE IN THE ABOVE MENTIonED SHOPPING CEeTER.
INFACT, A MARKET THERE, WOULD BE VERY COBVE3IEDT
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WE, THE UNDZRSIGBED, NZICllBORS U' UGIV:~3I~~ S~~AR:
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SHOPPING CENTER, hAVE NO OBJECTIO~ TO HAVInG A
MARKET WHICH WOULD INCLUDE THE SALE OF ALCOHOLIC
BEVERAGE IN THE ABOVE MENTIONED SHOPPING CEeTER.
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INFACT, A MARKET THERE, WOULD BE VERY conVENIEnT
FOR CS, ,,':J;JLD REJU2E DRIVING A:l~ WOU::, ,'AVE TI:.!E.
~o/E URG:: ~':1.~T A r~:\;.l!T FOR THAT USE .... ;;~;,i;7:::l.
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BEVERAGE IN THE A30VE MENTIONED SHOPPING CENTER.
INFACT, A MARKET ?HERE, WOULD BE VERY COMVENIE~T
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WE, THE U!lDE. iG:;::D, :ii:IGiiBORS \J;. U:::V::f. OS~UAR::
SHOPPING CEJT::R, hAVE SO OBJESTI09 70 HAVI~G A
MARKET WHICH WOULD INCLUDE THE SAL:: OF ALCOHOLIC
E~VERAGE IN TH:: ABOVE MENTIO~EO SHOPPI~G CENTER.
:~FACT, A KARKET THERE, WOULD 5:: VE~Y C09VE:IE~T
FOR US, WOULD REDUCE DRIVING AND W:~LD SAVE ~!~E.
WE URGE THAT A ?ERM:~ FOR THAT USE ~E GRANTED.
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WE, THE UNDERSIGNED, NZIGliBORS 0' UDIVZ!SI!Y S~~AR:
SliO?PI~G CENTER, bAVE ~C OBJECTION TO HAVI~G A
MARKET WHICH WOULD INCLUDE THE SALE OF ALCOHOLIC
BEVERAGE IN THE ABOVE MENTIONED SHOPPING CENTER.
INFACT, A MARKET THERE, WOULD BE VERY COMVEJIE~T
FOR US, WOULD REDUCE DRIVING AND WOULD SAVE TI~E.
WE URGE THAT A PERMIT FOR THAT USE BE GRANTED.
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WE, THE UNDERSIGNED, NEIGUnORS 0~ USIV:!SI~Y S~~AR:
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MARKET WHICH WOULD INCLUDE THE SALE OF ALCOHOLIC
BEVERAGE IN THE ABOVE MENTIOnED SHOPPING CEnTER.
INFACT, A MARKET THERE, WOULD BE VERY coaVE~IEUT
FOR US, WOULD REDUCE DRIVING AND WOULD SAVE TI~E.
WE URGE THAT A PERMIT FOR THAT USE BE GRANTED.
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ATTACHMENT G
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, CITY OF SAN BERNARDINO PLANNING DEPARTMENT """II r AGENDA """II
ITEM #:
LOCATION CASE CUP NO. 90-72
6
HEARING DATE 2-19-91
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'1\ J
'-AW OFFICES OF
"
Reid & Hellyer
WILLIAM S. HEL.LYER
DONALD F. POWELL.
CAVID G. MCORE
FRANK .J. DELANY
..JOHN K. MIRAU
..JAMES ..J. MANNING, ..JR.
.JANE W. CARNEY
RALPH B. PALMER
DIANE S. IIREWER
RICHARD D. ROTH
CATHERINE E. S. IRWIN
DAN G. McKINNEY
MARK C. EDWARDS
ALEXANDRA S. WARD
WILLIAM ..J. WARD
CHARLES T_ SCHULTZ
MICHAEL. ..J. GILLIGAN
ROIIERT M. PADIA
MICHAEL O. WOLF
DAVID M. DIVER
EDWARD ..J. NOWAKOSKI
DEeRA BARTLE GERVAIS
CRAIG O. DOBLER
ROBERT W. CANNON
..JAMES E. COFFIN
MICHAEL G. KERIIS
..JAY C. EGENES
STEVEN G. 1.EE
MICHAEL A. MARKE1.
HARL.AN II. KISTL.ER
L.ISA MARIE VISINGARDI
.JOAN AL.TMAN
SCOTT A. ANGER
MICHAEL. .J. L.EWIN
MARK H. SMITH
PAUL.A B. WEATHERFORD
A PROl"ES510NAL. CORPORATION
POST OFFICE 80X 1300
RIVERSIDE. CALIFORNIA 92302-1300
TEL.EPHONE (7141 682-1771
TEL.ECOPIER (7141 6se-2415
GEO. W. HEL.L.YER (l8S6-lit69)
ENOS C. REID "eI5-legOI
3880 L.EMON STREET, FIFTH FLOOR
RIVERSIDE, CA 92501
or cou....CI.
ROBERT ..J. IIIERSCHBACH
NORMAN W. ACHEN
GERAL.D .J. GEERL.INGS
5~9 N. ARROWHEAD AVENUE
SAN I!!IERNARDINO, CA. 9240.
17(4) 884-4704 . 824-15325
March 29, 1991
27710 .JEFFERSON AVENUE
TEMECULA, CA g23~0
(714) e7e-1424
OUR FILE NUMBER
C0914-001
Rachel Krasney, City Clerk
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, California
Re: Conditional Use Permit 90-72
Dear Ms. Krasney:
Our firm represents Mohammad Ali regarding his application for
Conditional Use Permit 90-72. This matter is currently set for
hearing before the Common Council on April 1, 1991. We request a
continuance to May 6, 1991 in order to meet with area residents.
enclose the filing fee of $75.00. Please let me know if you have
concerns regarding this matter.
I
any
Sincerely,
REID & HELLYER
Ac].OFESSIONAL C~RPPRATION
\ II ,.-;-:;:\ ~ ill
u.\..~{.j .
Charles T. Sc ultz
l/R/KRASNEY.OOl
Enclosure
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CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT
N~ 638077
Date
March 29, 1991
19
ACCOUNT NO.
Received From
Reid and Hellyer
P. O. Box 6086
001 000 4130
75.00
San Bernardino, CA 92412
The Sum of Seventy-five
Dollars
no
Cents
For Continuance fee - In reference to
Conditional Use Permit 90-72
n' " "\1
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Council meeting continued from: 4/1/91
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; :"JH;I~.I,:f\INO
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Department
City Clerk's Office
By
Jeanne' Fitzpatrick
TOTAL
75.00
DISTRIBUTION: White - Customer; Canary - Cashier; Pink - Department; Goldenrod - Dept. Numeric Control