HomeMy WebLinkAbout49-Planning and Building
CITY OF SAN BERNOtDINO - REQUEST FOI COUNCIL ACTION
From:
Larry E. Reed, Director
"C' ::'J. - :':;":s.)bjiX/' Appeal of Planning
'. .~f Conditional Use
J -;,-) .~.. {: 1 ,_'"-.I'
Commission's Denial
Permit No. 90-75
Dept:
Planning and Building Services::.
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Date: March 26, 1991
Mayor and Common Council Meeting of
May 6, 1991, 2:00 p.m.
Synopsis of Previous Council action:
On March 6, 1991, the Planning Commission, by a 5 to 0 vote, denied Conditional Use
Permit No. 90-75.
No previous Council actions.
Recommended motion:
That the hearing be closed; that the appeal be denied; and, that Conditional Use
Permit No. 90-75 be denied subject to the Findings of Fact contained in Exhibit
"B." (Supports Planning Commission's action of denial).
OR
That the hearing be closed; that the appeal be upheld; and, that Conditional Use
Permit No. 90-75 be approved subject to the Findings of Fact and Conditions of
Approval contained in Exhibit "E."
;-;4/
Reed Signature Di rector
Contact person:
Larrv E. Reed
Phone:
384-5357
3
Supporting data attached:
Staff Reoort
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
IAcct. Descriotionl
Finance:
Council Notes:
75-0262
Agenda Item No
'19
CITY.OF SAN BERN~DINO - REQUEST FO COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Planning Commission Denial of
Conditional Use Permit No. 90-75
Mayor and Common Council Meeting of
May 6, 1991
REOUEST
The applicant is appealing the denial of Conditional Use
Permit No. 90-75 by the Planning commission. The applicant
requests that the Mayor and Common Council reconsider the
matter and approve Conditional Use Permit No. 90-75.
BACKGROUND
Conditional Use Permit No. 90-75 is a request to upgrade the
existing beer and wine outlet at an existing convenience
store located at 2715 West Foothill Boulevard to allow the
sale of hard liquor and to sell single cans of beer. This
request was denied by the Planning commission on March 6,
1991 by a 5 to 0 vote.
This proposal is categorically exempt from the prov1s1ons of
the California Environmental Quality Act (CEQA) pursuant to
section 15301 (A), Class 1 exemption.
The existing commercial center was approved by the Develop-
ment Review Committee on April 30, 1987. The Conditional Use
Permit for the mini-market and the sale of beer and wine was
approved by the Council on appeal on October 24, 1988.
Council included a condition of approval prohibiting the sale
of single cans of malt beverages.
The conclusions of the March 6, 1991 staff report (Exhibit
"E") were: 1) that the approval would not have detrimental
impacts on the surrounding area: and 2) that no problems have
arisen from the operation of the mini-market. However,
during the Police Department's investigation of Conditional
Use Permit No. 90-75 request to sell hard liquor, it was
determined that single cans of beer are or have been sold in
violation of the conditions of approval estaQlished by
Council. The Planning Commission denied the request mainly
because of this violation.
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
They Mayor and Council may deny the
tional Use Permit No. 90-75, or uphold
Conditional Use Permit No. 90-75.
appeal and deny Condi-
the appeal and approve
15.0264
~ppeal of conditio~ Use Permit
Mayor and Common Council Meeting
May 6, 1991
Page 2
No. 90-75
of
o
RECOMMENDATION
staff's recommendation was for conditional approval, but the
Planning commission denied the request by a 6 to 0 vote.
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 - Petition
E - March 6, 1991 Planning Commission Staff Report
Prepared by:
SRCUP9075
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A. MERLE SESSIONS
ATTORNEY AT LAW
':~,'::'.
310 F"IRST .....E...CAN TITLE aUILDING
323 WEST COURT STREET
SAN BERNARDINO. CALIFORNIA 82<401
(714) ....- 8225
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March 20, 1 991
Office of the Mayor
and City Council's Office
300 North "0" street
San Bernardino, California
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Re: JAMAL RAHMAN
CONDITIONAL USE PERMIT NO. 90-75
FOOTHILL MERIDIAN PLAZA
Gentlemen:
I am the attorney for Mr. Jamal Rahman who hereby appeals
the action of the Planning Commission dated March 6, 1991,
denying the application for the above-referenced Conditional Use
Permit.
The Planning Staff recommended approval in this matter.
The use is perfectly appropriate and located in a virtually
new shopping center.
At the time of the hearing only one resident, who lived
approximately one-quarter mile away, opposed the application,
together with two officers from the Police Department.
Submitted at time of hearing was a Petition signed by over
one hundred persons constituting virtually every neighbor
surrounding the premises advocating that the permit be issued.
Applicant is perfectly willing to permit the matter to be
tabled for a period of several weeks to resolve whatever problems
the Police Department and/or the one neighbor may believe to
exist.
v~ your ,
A. Merl~,on.
A. M. SESSIONS
ATTOIlltNEY AT L.AW
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number: Conditional Use Permit No. 90-75
Applicant: Jamal Rahman
Owner: Foothill Meridian Plaza
Meeting Date: March 6, 1991
x
Denied Based Upon the Attached Findings of
Fact (Attachment B).
~
Ayes:
Nays:
Abstain:
Absent:
Corona, Jordan, Lindseth, Lopez, Stone
None
None
Clemensen, Cole, Sharp
I, hereby, certify that this Statement of Official Action
accurately reflects the final determination of the Planning
Commission of the City of San Bernardino.
.6 ~ Le/ ~~/
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"
1. The proposed use is in conformance with the objectives of the
city's General Plan, in that food markets with off-site
alcohol 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, in that there is a high concentration of
alcohol outlets in the surrounding area. The vicinity has
already experienced problems with narcotics trafficking and
gang activity at nearby Nicholson Park; and it can be
reasonably expected that these incidents, as well as calls for
Police service, will increase with an increase in the variety
of alcoholic beverage products available in the vicinity.
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. 87-36.
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. 87-36 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
Conditional Use Permit No.
peace, health and safety and
the City of San Bernardino.
Findings of Fact, the granting of
90-50 will be detrimental to the
general welfare of the citizens of
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Pl..AN.a.asPAGEtOF1 (4-10)
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OFFICIAL NOTICE OF PUBLIC HEARING
B;EFORE .THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL
APPEAL OF The Denial of Conditional Use Permit No. 90-75
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C TH" .. 10 INFORM YOU TNAT THE FllLLOW>NG ITEM HAS BEEN APPEALED TO THE
MAYOR AND COMMON COUNCIL BY Applicant
C ~CT CONDITIONAL USE PERMIT NO. 90-75 WARD '*
3
PROPERTY
LOCATION: Located at the southwest corner of Foothill Boulevard and Meridian
Avenue, and further described as 2715 West Foothill Boulevard
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PROPOSAL: Upgrade the existing beer and wine outlet at an existing conve-
nience store to allow the sale of hard liquor.
.
PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL
COUNCIL CHAMBERS
300 NORTH ''ON S I tQ:.t. I
SAN BERNARDINO, CA. 92418
['fEARING DATE AND TIME; Monday, May 6, 1991, 2:00 p.m.
., Il€TAILED llDCI'lPTION rw THE PItOPOSAL IS OIl fiLE IN THE PLANNING DEPllRTMDIT ICf CITY
lotALL. ,.. "IOU WOULD LIICI! I'\lImlEft INIfORMATlOll ABOUT THIS PROPOSAL PRIOR TO THI! PUIUC
I~EAIIING, PLEASI! CONTACT THE PLANNING llI!PllIlTlII!NT IN PI!IISON 011 I\' PHONING
(714) 384-5057.
ll.. 'rHANK YOU.
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EXHIBIT "C"
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIGNS TO
J & K MARKET OBTAINING A GENERAL LICENSE TYPE 21 rER=
MITS-THE SELLING OF BEER/WINE AND HARD LIQUOR. THIS
PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
BEVERAGES.
ADDRESS
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTUlNS TO
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PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIaNS TO
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTI~NS TO
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MITS THE SELLING OF BEER/WINE AND HARD LIQUOR. THIS
PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIONS TO
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PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIINS TO
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PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIINS TO
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTI~NS TO
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MITS THE SELLING OF BEER/WINE AND HARD LIQUOR. THIS
PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
BEVERAGES.
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 6
SUMMARY HEARING DATE 3-6-91
WARD 3
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APPLICANT: Jamal Rahman
11.I 2715 Foothill Blvd, Suite #1
(Il' CONDITIONAL USE PERMIT NO. 90-75 San Bernardino, CA 92410
Cl OWNER: Foothill Meridian Plaza
c.:, 2801 Business Center Dr, #210
'--/ \. Irvine, CA 92715
-,
... Under the authority of San Bernardino f1unicipal Code Section 19.83.500,
cr., the applicant is re~uesting a conditional use ner~it to upgrade the
11.I'
:::I, existing beer and \./ine at an exis'C'ing cnnvenience store to allow the sale
c: of hard liquor.
11.I'
a; Subject property consists of 1.9 acres, located at the southwest corner
-
Cl of Foothill Boulevard and Meridian Avenue, and further described as 2715
11.I West Foothill Boulevard.
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EXISTING GENERAL PLAN
fEOPERTY LAND USE ZONING DESIGNATION
Subject Commercial Retail CG-1 Commercial General
North Motel, Auto Repair CG-1 Commercial General
South Single Family Residences RS Residential Suburban
East Mobile Home Park RU-1 Residential Urban
West Commercial Office CO-1 Commercial Office
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C GEOLOGIC I SEISMIC DyES FLOOD HAZARD 0 YES o ZONE A SEWERS: DYES
HAZARD ZONE: [l NO \. ZONE: DNO OZONE B o NO
C HIGH FIRE 0 YES ( AIRPORT NOISE! o YES ) REDEVELOPMENT DYES
HAZARD ZONE: 129 CRASH ZONE: PROJECT AREA:
NO XX NO IXJ NO
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...I o NOT o POTENTIAL SIGNIFICANT Z [] APPROVAL
ct APPUCABLE EFFECTS WITH 0
!Zrn MmGAnNG MEASURES ~ []
NOE.l.R. CONDITIONS
WCJ II.C
:2z [] EXEMPT o E.l.R. REQUIRED BUT NO II.Z 0 DENIAL
Z- SIGNIFICANT EFFECTS ctw
OC WITH MlnGAnNG til
IE:~ MEASURES 0 CONTINUANCE TO
-II.
> o NO SIGNIFICANT o SIGNIFICANT EFFECTS 0
Z CJ
W EFFECTS SEE ATTACHED E.R.C. W
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EXHIBIT "E"
PLAN-1.D2 PAGE 1 OF 1 (~.JO)
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CITY OF SAN BERNARDINO PLANNING CASE alP No. 90-75
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 6
OBSERVATIONS HEARING DATE 3-6-91
.. PAGE 2
, .....
REOUEST
Under the authority of Code Section 19.83.500, the applicant is
requesting a conditional Use Permit to upgrade the existing beer
and wine license at an existing convenience store to allow the
sale of hard liquor. Additionally, the applicant is requesting the
deletion of the Condition of Approval for the current Conditional
Use Permit (C.U.P. 88-42) that prohibits the sale of single cans
of malt beverages, such as beer and malt liquor.
SITE LOCATION
The subject property is a rectangular parcel, consisting of 1.9
acres located at the southwest corner of Foothill Boulevard and
Meridian Avenue, in an area that is commonly referred to as "the
bench." The convenience store, J & K Food Market, occupies a 3,000
square-foot tenant space located at the north end of a 14,653
square-foot multi-tenant retail building located on the subject
property.
;MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
'The proposal is consistent with the Municipal Code and is in
=onformity with the General Plan, as shown in Attachment A.
However, the site is currently in violation of Municipal Code
Sections 19.60.080 and 19.60.090A for failure to obtain a sign
permit and for the placement of illegal window signs.
:=EOA STATUS
'=onditional Use Permit No. 90-75 has been determined to be exempt
from the provisions of the California Environmental Quality Act
'Jnder Article 19, Section 15301.
;BACKGROUND
On February 12, 1985, an application to construct a commercial
I::enter, consisting of retail shops, an auto care center,
lnini-storage and a restaurant with on-site alcohol was submitted
'to the Planning Department under Conditional Use Permit No. 85-15.
'rhe project was approved on June 4, 1985. The applicant was given
;! final deadline of June 4, 1987 to commence construction, but
'the proj ect was abandoned.
On April 2, 1987, a new proposal to
.::enter, sans mini storage, was
Department under Review of Plans
approved on April 30, 1987.
construct a commercial retail
submitted to the Planning
No. 87-36. The project was
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PLAN-UI PAGE 1 OF 1 (4010)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP No. 90-75
6
3-6-91
3
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OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
~
.,
On August 10, 1988, an application for Conditional Use Permit No.
118-42, to establish a convenience store with beer and wine sales
:.n the new retail center was submitted to the Planning Department.
~)n October 24, 1988, the Mayor and Common Council approved the
request, subject to Conditions of Approval that included a
restriction prohibiting the sale of single cans of malt beverages.
On December 5, 1990, Jamal Rahman submitted an application for
Conditional Use Permit No. 90-75, requesting to sell hard liquor
<It the convenience store, in addition to beer and wine sales as
<Ipproved under C.U.P. 88-42. In addition, the applicant is
requesting the removal of the previous restriction against the
e:ale of single cans of beer.
l.NALYSIS
I'roposed Use
1~e subject property is located within the CG-1, Commercial
G'eneral, land use designation. Pursuant to Municipal Code Section
19.83.500, because a conditional use permit was previously granted
to allow the sale of beer and wine, the existing use of the site
is permitted in CG-1. Pursuant to the same Code Section, the
proposed intensification of use to allow general alcohol sales is
also permitted, subject to the approval of a conditional use
permit.
The applicant, Jamal Rahman, is requesting to have the restriction
against the sale of single cans of beer removed for "economic
purposes," as the prohibition does not apply to any of the alcohol
outlets in the surrounding area. Rahman also submitted a petition
containing the signatures of 162 customers supporting the request
to sell single cans of beer; however, Staff questions the petition
because it was signed by a population that did not necessarily
reside in the area, and because a sentence was apparently added to
tne petition statement after the petition was signed.
C:lmpatibility with the Neighborhood
A:; mentioned, the subject property is located at the southwest
C'Jrner of Foothill Boulevard and Meridian Avenue. The north side
of Foothill Boulevard, from Pepper Avenue to Macy Street, is
p:l:'edominantly commercial. Neighboring land uses consist of the
Wigwam Motel and automobile service to the north, a mobile home
p.irk to the east, single-family homes to the south and a
mini-storage to the west. The remainder of properties within a
5ll0-foot radius of the subject property consist of single-
fa.mily and multi-family residences, including mobile homes,
and are all located within residential land use districts.
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PLAN-.... PAGE, OF 1 (4-ID)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP No. 90-75
...
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
6
3-6-91
4
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'rhe nearest school, Myers Elementary at 975 Meridian Avenue, is
located approxiately 7/10 of a mile from the subject property. The
nearest park, Nicholson Park Community Center at 2737 West Second
street, is approximately 300 feet from the subject property. A
youth center is located at Nicholson Park, and the site is used
frequently for organized youth sporting activities. The park also
has a history as a site for narcotics trafficking and gang
activity.
crime Rate in the Vicinity
rhe site of the proposal is located within Police Department
Reporting District SC304. At the time that this application was
under review by Staff and the Police Department, the most current
full year of crime data available for the area was 1987. According
to the Police report submitted in context with this application
(Attachment D), crime statistics indicate that the overall crime
rate in the district was slightly below average for crime
reporting districts in the city of San Bernardino. During that
year, there were 112 Part I crimes and 61 Part II arrests. Part I
crimes are crimes against property or persons, and include theft,
burglary, rape and murder. Part II arrests generally consist of
alcohol, narcotic and weapons infractions. One-third of the Part
II arrests in SC304 during 1987 were alcohol related.
During a 90-day period that spanned from May through August of
1990, there have been 77 reported Part I crimes and 41 Part II
arrests. It should be noted that these 90-day figures total
approximately 68 percent of the total crimes and arrests that
~ccurred for the entire year of 1977.
Concentration of Alcohol Outlets in the Census Tract
'rhe subject property is located within Census Tract 44 (Attachment
~) The census count for this tract as of 1980 was 6,130. There are
'three on-sale and five off-sale licenses in the census tract. The
Police Department and Department of Alcoholic Beverage Control do
:not believe that the number of off-sale licenses in the area has
reached the saturation point, although their method of determining
'~r of defining the implications of saturation has never been made
.:::lear to the Planning Division.
::oncentration of Alcohol Outlets in the General Vicinity
.~lthough the Census Tract in which the subject property is located
is not yet "saturated" with alcohol outlets, there is a high
,:::oncentration of licensed alcohol locations in the surrounding
vicinity--including portions of Rialto which are not part of the
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PLANoI.OI PAGE 1 OF 1 (4ofID)
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:ity Census Tracts. Approval of Conditional Use Permit No. 90-75
'~ould not increase the number of alcohol licenses in the area, and
therefore would not technically contribute toward saturating the
.::ensus tract.
'rhere are four on-sale alcohol locations within 3/10 of a mile
from the subject property. The nearest, Hardbodies bar, at 2793
'Rest Foothill, is less than 1/10 of a mile from the subject
property. T~e Orange Bowl bowling alley and lounge, at 924 East
:f>oothill, ~s approximately 2/10 of a mile from the subject
property. Marias Bar and Kelly's Bar, at 2506 West Foothill and
:365 East Foothill, respectively, are approximately 3/10 of a mile
:from the subject property.
'rhere are also four off-site general alcohol locations that are
1~ithin 3/10 of a mile from the subject property. The nearest is
'lictoria Liquor, which is across the street from the subject
property at 2652 West Foothill Boulevard. The Minit Mart, at the
130uthwest corner of Foothill and Pepper, is approximately 2/10 of
11 mile from the subject property. K Mart, at 850 East Foothill, is
also 2/10 of a mile from the J & K Market site. Brownies Liquor,
at 845 East Foothill, is approximately 3/10 of a mile from the
property in question. As previously mentioned, none of the above
described off-site locations are restricted from selling single
(lanS of beer.
~:OMMENTS RECEIVED
]>olice Department
~~e Police Department is opposed to the proposed sale of hard
liquor at the J & K Food Market and has registered a protest to
the Department of Alcoholic Beverage Control. Acting on a tip from
21 confidential informant that the J & K Market has been selling
Edngle cans of beer in violation of C.U.P. 88-42, an officer went
t:o the business in civilian clothes and successfully purchased a
E:ingle can of beer from the applicant, Jamal Rahman.
1~e Department is also concerned that the past problems at
~'icholson Park would intensify if hard liquor became available at
another nearby business. The same concerns were expressed by the
:F'olice Department in 1988 regarding the application for C. U. P.
88-42. However, C.U.P. 88-42 was approved and their concerns were
110t realized. In fact, according to comments from two bench area
residents, the neighborhood is actually improving (see below).
Furthermore, there is no indication that any current or past
problems have had a direct relation to the sale of single cans of
beer rather than to the sale of alcohol in general.
~
~.=.l:r=:=
....
PlAN-I.08 PAGE 1 OF 1 (4-10)
Area Residents
During the course of the Police Department investigation of this
application, Detective Robert Spindler was able to contact two
nearby residents. Both expressed opposition to the applicant's
request generally because they feel that the past problems
associated with the bench area are improving, and believe that an
additional alcohol outlet may contribute to a reversal of the
current trend.
Department of Alcoholic Beverage Control (ABC)
In late January of 1991, Staff contacted Inspector
ABC. Heldreth confirmed that the Police Department
protest of the liquor license and received five
surrounding residents. As of this writing,
neighborhood protests had been verified by ABC.
Heldreth of
registered a
protests from
none of the
CONCLUSION
The applicant, Jamal Rahman, has been cited for violating an
existing Condition of Approval by selling a single can of beer.
There are several licensed alcohol outlets in the vicinity. The
Police Department believes that the surrounding residents are
generally opposed to the issuance of an off-site general alcohol
license at 2715 West Foothill Boulevard.
However, Staff has received no compelling indication that the
approval of Conditional Use Permit No. 90-75 would have a
detrimental impact on the surrounding area. The Police Department
was previously opposed to the issuance of a beer and wine license
at the subject property due to concerns that it would have a
negative effect on the neighborhood. However, after C.U.P. 88-42
was approved and a beer and wine license was issued, no directly
related problems ensued.
Other businesses in the area are currently selling single cans of
beer legally with no reported ill effects. Although the applicant
has violated a condition of approval and will be facing a penalty,
it is Staff's opinion that the condition itself unfairly restricts
the business at 2715 West Foothill Boulevard from operating
competitively. Thus, for approximately the past year, the Planning
Division has ceased to recommend restrictions against the sale of
single cans of beer unless exceptional circumstances necessitate
such conditions.
l.
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aNnW."'ff11NG~
PL,AN.I.oe PAGE 1 OF , (4-80)
. . 0 0
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CITY OF SAN BERNARDINO PLANNING CASE CUP No. 90-75
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM b
OBSERVATIONS HEARING DATE 3-6-91
PAGE 7
...
~
RECOMMENDATION
It is recommended that the Planning Commission:
1. Delete Condition of Approval No. 1 from Conditional Use Permit
No. 88-42 and allow the sale of single cans of beer.
2. Approve Conditional Use Permit No. 90-75, based on the attached
Findings of Fact and subject to the attached Conditions of
Approval.
Respectfully submitted,
b:S/k//
Director of Planning and Building Services
~~
Gregory S. Gubman
Assistant Planner
Attachments:
A - Municipal Code and General Plan Conformance
B - Findings of Fact
C - Conditions of Approval
D - Police Department Investigation
E - Census Tract Map
F - site Plan and Floor Plan
G - Location Map
~
ClTYOf....~
CIlmIIlI._mJICI8BhIGP
PLAN-8Jl8 PAGE 1 OF 1 (4-10)
. .
o
ATTACHMENT A
o
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 90-75
6
3-6-91
R
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
r
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
,::ateaorv ProDosal MuniciDal Code General Plan
'Jse Off-site alco- Permitted subject N/A
hol sales to a C.U.P.
Height 19 ft. Two stories One story
or 30 ft. or 25ft.
Betbacks 15ft. 5 ft. N/A
::.ot Coverage 28 50% N/A
Parking 130 128 N/A
....
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elTYCF"~
ClNffW............18MGU
PLAN-l.oe PAGE t OF t (4..go)
. .
o
ATTACHMENT B
o
r-
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
FINDINGS OF FACT
CASE
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 90-75
6
3-6-91
9
~
"'I
1. The proposed 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 surrounding 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. 86-64.
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. 86-64 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, and under the mitigating
conditions imposed, the granting of Conditional Use Permit No.
90-50 will not be detrimental to the peace, health and safety
and general welfare of the citizens of the city of San
Bernardino.
...
&'JnSt.:=rJq~1i
PL.AN-1.D8 PAGE10Fl (4-10)
. ,
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o
ATl'ACHMENT C
o
..
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP NO. 90-75
6
3-6-91
10
~
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
~
CONDITIONS OF APPROVAL
1. All window signs, except those not exceeding three square feet
and limited to business identification, hours of operation,
address and emergency information, shall be removed prior to
the granting of a Type 21, Off-Sale General license from the
Department of Alcoholic Beverage Control.
2. A sign permit shall be obtained for the tenant wall sign prior
to the issuance of a a Type 21, Off-Sale General license from
the Department of Alcoholic Beverage Control.
:3. The applicant and all future licensees shall
with Conditions of Approval nos. 2, 3,
Conditional Use Permit No. 88-42.
continue to comply
4, 5 and 6 of
~&===
lIo..
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_LAKoI.ClO __'OF' (4<<1)
. .
. CITY OF SAr OERNARDtNO PLANt -03 DEPARTMENT
CASE CUP NO. 90-75
CONDITIONS
AGENDA ITEM
HEARING DATE
PA E
6
3-6-91
Alcoholic Beveraae Conditional Use Permit
4. After 12 months of operation of the business, the
license owner, shall submit to the City two sets of
mailinq labels of property owners and their address
and/or tenants addresses of property within 500 feet of
the exterior boundaries of the business property owned
by the licensee. A map illustratinq the 500 foot radius
boundary and all parcels within that boundary shall also
be submitted. This information shall be obtained from
the latest San Bernardino County equalized assessment
roll and maps. After receipt of the mailinq labels and
map, the City will send an evaluation questionnaire to
those neiqhborinq property owners and residents,
Councilmembers and Police. This evaluation
questionnaire will ask questions about the operation
impacts of the business, the effectiveness of current
conditions of approval and any proposed chanqes to the
conditions of approval.
If any substantiated and substantial neqative
evaluations are received or at the City'S discretion, a
public hearinq with the Planninq Commission shall be
held. Upon notice by the City, fifty percent of the
latest Conditional Use Permi~ application fee shall be
paid by the applicant for the preparation of the
evaluation report to the Planninq commission.
After the public hearinq the Planninq Commission may
modify any existinq conditions of approval, add new
conditions of approval or revoke the Conditional Use
. Permit. These revised conditions or revocations shall
be permanent and subject to appeal to the Mayor and
Common Council within 15 days after imposition.
- ...
The above process of evaluation of the business
operation impacts may be required in any subsequent
years of operation as determined by the City.
r. CITY OF SAl OERNARDINO PLANt QG DEPARTMENT .
CASE CUP NO. 90-75 .
CONDITIONS
, .
o
AGENDA ITEM _
HEARING DATE 3;6-U-_
I'AGE' 1')
Operation quid.lines that the licensee should follow in
the sellinq of alcoholic bev.raqes are:
- Not p.rmittinq drinkinq in the parkinq lots.
- Not allowinq drunks on the premises.
- Discouraqinq loit.rinq on the premises and
conqreqation of qroups of peopl..
- Not sellinq to minors or .om.one under the
influence.
- Maintaininq a cl.an store and parkinq lot,
includinq imm.diat. tra.h pick-up and qraffiti
removal, and maintaininq the land.caped ar.a..
- Limitinq sales of individual or .mall amount. of
beveraq.. that could b. con.umed immediately on or
n.ar the store premises.
5. Arcade qame machine. shall not be locat.d on the
premises.
outdoor public t.lephon.. shall not be allow.d.
G.
7.
B.
9.
10.
Alcoholic b.v.raq. shall not be allow.d to be con.um.d
on the premi... (in.id. or out.id.) of the proj.ct
prop.rty und.r own.r.hip of the licen....
'l'her. .hall b. .uffici.nt, maintain.d .xt.rior liqhtinq
to identify any person or their activiti.. by the Police
of any property und.r own.r.hip of the lic.n....
Two document.d Alcoholic Bev.raq. Control violations for
.ale. to ainors or to som.on. under the influence shall
r.sult in the immediate r.vocation of a store's
Conditional U.. P.rmit.
The outside ar.a .hall be k.pt cl.an by imm.diate trash
piCk-Up and/or swe.pinq, all qraffiti .hall be remov.d
within-..ven day. of occurrence and the dev.lop.d areas
.hall be properly maintain.d.
'l'he above Conditional Us. Permit conditions of approval
.hall be post.d inside the .tor. at a prominent public
location.
r . CITY OF SAIOERNARDINO PLANr OG DEPARTMENT .
CASE CUP NO. 90-75 .
CONDIT_IONS
AGENDA ITEM
HEARING DATE
PAGE -
b
3-h_Ql
13
"""I
11.
Possible additional condition. of approval, based upon a
neqative evaluation process outlined above, include but
are not limit.d to the followinq conditions 'of approval:
TvDical Condi~ion. of A~~roval
Alcoholic Baveraae Condi~ional u.. Permi~
A. Arcade qam. machines shall not be located on the
pr..i....
B. OUtdoor public telephones shall not be allowed.
c. Siqns .ayinq "No 10it.rinq", "No litterinq" and "No
public drinkinq" shall be posted in the front, r.ar
or sid.s (as appropriate) of the e.tabli.hm.nts.
Store ..ploy.es .hall be r.quir.d to advise anyone
loiterinq to leave.
D. Alcohol beveraqes .hall not be allowed to b.
consumed on the pr..is.s (inside or outside) of the
proj.ct property under ownership of the licensee.
E. There .hall be sufficient maintained exterior
liqhtinq to identify any person or their activities
by the Police of any property under ownership of
the licensee. .,
F. Sale. of sinqle beer or wine cooler containers
shall not be pel'llitted. Beer au.t be sold only in
six-packs and wine coolers in four-packs.
G. CUp. and corkscrew. or individual servinqs of ice
ahall not be sold, except soft drink dispensers.
B.
Wine ahall not be .old in containers
750 1M. or with an alcoholic content
1st.
smaller than
qreater than
I. Business hour. for sale of alcoholic beveraqes
shall be restricted from openinq earlier than 7:00
a.m. or closinq later than 9:00 p.m.
J.
Only one
.iqn advertisinq "liquor" .hall be
-
r. CITY OF SA.QERNARDINO PLAN.~G DEPARTMENT
CASE CUP NO. 90-75 .
CONDITIONS
AGENDA ITEM 6
HEARING DATE 3-~-91
PAGF 14
....
allowed. Neon beer or wine window siqns visible
from the outside shall not be permitted.
K. Refriqerated beer or wine shall not be sold.
L. Alcoholic beveraqe sale. shall not constitute more
than 30t of the markets shelf space.
Alcoholic beveraqe sale. shall not constitute more
than 30t of the qross sales, and quarterly receipt
records shall be made available for City
inspection.
N. All alcohol sales shall be by clerks 21 years of
aqe or older.
M.
O. Two documented Alcoholic Beveraqe 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 .hall be kept clean by immediate
tra.h pick-up and/or sweepinq, all qraffiti shall
be removed within seven days of occurrence, and the
landscaped areas shall be properly maintained.
Q. On-site .ecurity patrol' quard coveraqe .hall be
provided durinq business hours.
R. On-site electronic surveillence shall be required
durinq business hours.
s. The display area for the sale of alcohol beveraqe
shall be limited to the rear one-third of the
store.
T. The ebove Conditional Ose Permit conditions of
approval shall be posted inside the store at a
prominent public location.
/ke
" ,
J-ItIIi-H.,Hf'"It.I'tl U
; APPLICATION roa c:ADITIONAL USE PERMITS PO <:>COHOL BEVERAGI LICENSES
LOCATION. 2715 W. Foothill Blvd. (J & K Food"Market)
Conditional Use Permit
No. 90-75
Reporting District
!:r104
(t)R/D Average
-3%
Property
R?
Part II Arres t s
Alcohol Related
';1
21 " 34%
Part I Crimes
Persons 30
11'
Cencus Tract 44
On Sale 8 allCllolll!!d/3 "vist Off Sale 7 ,,1l~/C; ",,1st
General Vicinity
Distance To Nearest:
Distance
School
MYers Elementarv
.7/10 mi.
Church
NoI.. within 01" mile
Park
Nicholsor. Park
1/10 mi.
ABC On Sale Licensed Premises Hardbodies
2793 W. Foothill Blvd.. S.B.
ABC Off Sale Licensed Premises Victoria LiQUOr
2652 W. Foothill Blvd., S.B.
Distance of Parking Lot to Residence
Residence in the 2700 block of W.Court St.
Less than 500'
Across intersectiOl
Less than 500 I
Within 300'
Distance of Building to Residence
Residences in the 2700 block W. Court St.
Within 300'
Convnents From Residents I
Or, 01/16/91, I (SPINDLER) attenpted contact with several residents in the area of the
busis.ess lcnowr, as J & K Food Mertcet located at 2715 W. Foothill Blvd., San Bemardino.
At the resi.del'loe located at 2728 W. 5th Street, I contacted the resident who identified
himself as Isiah Parker. Mr. Parker strongly objects to the upgrade of the N!C License
at J & K Food Market and further objects to the ebolishnent of cordition 111 of the mar-
ket · s Condi tior.al. Use Pemli.t, which is no sales of single cans of beer. Mr. Parker in-
f.....od De that he hils already sent a letter of ~est to the Alcohol Beverage Caltrol.
He iflfomed De that the residents in that nei.J~1lood feel lIS though the _ is be-
gisaning to clear& up in terns of plSSt ~lenII of narcotics traffic:king, etc. He feels
-cctfl'llIJED (If PAGE 2-
~ur "~V-J~ ra~.wv
. ,
o
o
the addition of another liquor store in the area will contribute to mdesirellble type
persons loitering and drinking in the area. He pointed out that Victoria r iqovw- Stem!
is located on one corner of the intersection located at Foothill and Meridian Streets
and another Hquor s tom on another corr.er of the sane intersection is WlI'leClelIsary.
I then contacted the msident at 2738 W. 5th Street who identified hinBelf as Leonard
Lexion. HI". Lexion infoDllElCl that he objects to the upgrade of the ABC License at the
J " K Food Market as he feels there are enough ABC License locations in the area al-
ready. He also indicated that the neighborhood was inproving in terms of narcotics
trafficking. however, it is still occurring on the corners of 5th and Meridian Streets.
HI". Lexion also feels that there are enough ABC License locations in the area.
I attenpted contact and received no response at the following addresses: 2716 W. 5th
Street, 504 N. Meridian, 2717 W. 5th Street, 2729 W. 5th Street, and 2739 W. 5th Street.
Area Cannander Ccmrents:
Lt. Robert CUrtis is the area ccmnander for area C. The J " K Food Market is located
within area C. Lt. CUrtis was previously in opposition to the granting of the ABC li-
cense at J " K Food Market which 1IIOUl.d provide for the sales of beer and wine. He m-
mains in opposition to the upgrade of the current license to allow for the off-sight
sales of hard liquor. Lt. Curtis feels that the granting of the applicant's aunnt
request will intensify existing probl811S in the ama. Lt. Curtis indicates that Nic:hol-
son Park is located in very close proximity to the J " K Food Market and states that
Nicholson Park is the prinmy location of youth mlated activities and sports progr_
for the bench area. Lt. Curtis states that the park has experieraced ongoing gang and
transient problems, shots fired, and sales of narcotics. He concludes that the grant-
ing of the applicant's current request will intensify the probl811S which exist. Lt.
Curtis further points out that on 01/10/91, he received infm:mation fran a bench area
resident that the enployees of J " K Food Market frequently sell single cans of beer,
in flagrant violation of condition 111 of the Conditional Use Pe1Tnit. Cb 01/10/91, Of-
ficer T. Rice, working in civilian clothes, went to the business and slJCCeSsfully pur-
chased a single can of beer. He observed evidence to support that this WlIS an ongoing
practice. The enployee was cited for violation of San Bernardino tbUcipal Code 19.78.
100.
Police Department Recarmendations:
Ik1ring the course of this investigation, I (SPINDlER) observed that J " K Food Market
located at 2715 W. Foothill Blvd. is located within census tract 44. I exsnined ABC
card files for census tract 44 and leamed that census tract 44 allows ei9'1t on-sale
licenses and seven off-sale licenses. Currently, three on-sale liOllllMS exist and five
off-sale licenMS exist within that census tract. Although the n\lltlers of licenses cur-
rently existing are under the nllltlers ..11r-1tId for the census tract, it has to be pointed
out that the ArM within very close proximity of the J " K Food Market is saturated with
existing on and off-sale licensed locations. Maria's RoI.., located at 2506 W. Foothill
Blvd., is located approximately 3/10 mile fran J " K Food MlIrIret. The Victoria LillUl?r,
located at 2652 W. Foothill Blvd., is located diagonally across the intersection of Foot-
hill and Meridian fran the J " K Food MlIrIret. The WlonhYlies RoI.., located at 2793 W.
Pbothill Blvd., is located less than 1/10 mile fran the J " K Food MlIrIret. The O"..IICJe
!!2W1, located at 924 E. Foothill Blvd., is located approximately 2/10 mile fran the mar-
ket. The K-Mart Departnnt Store, located at 850 E. Foothill Blvd., is located approxi-
mately 2/10 mile fran the market. 'DIe Minit Mart, located on the sou~t corner of
Foothill and Pepper Streets, is located approximately 2/10 mile fran the I'IIIdliet. Brown-
i... I.ill...... Stom, located at 845 E. Foothill Blvd., is located appraximstely 3/10 mile
fran the market and I<ellv's Bar, located at 865 E. Foothill Blvd., is located _.:>>d-
mately 3/10 mile fran the market. .
-al'fl'IMJEO 00 PAGE 3-
, ,
L,U~ "~U- I:> ..age Hlree 0
o
Attached to the Conditional Use Peonit applicatial submitted by the applic:ant _ a list
containing approximately 162 si~tures. addresses and phone nuri:lers of patrcns of the
J " K Food Market who indicated that they 1IICUld like to be able to buy single cans of
beer for canvenience and econanic purposes. .al~. '''IT -,1" 1;),.. .hI. fMIrit.t ton ha IIhl~
t..Q __1 1 ba~ ~ In reviewing this list. I observed that approximstd.y 44 of the
/signatures ~ persons who did not live in the area. The police departnent is in ~
position to the applicant's request to upgrade his ABC License to allow for the sales
of hard liquor. f\1rtheITlDre. the police departJlent is in opposition to the applicant's
request to engage in the sales of single units of beer. There are several letters of
protest on file fran area residents protesting this action.
The applicant is in current violation of condition #l of his existing conditional Use
PeDnit in that he was cited for selling a single can of beer to a plain clothes police
officer. The area within very close proximity of the J , K Food Market is currently
saturated with both on and off-sale ABC licensed locations. It is believed that this
action will enhance the already existing problems in the area as pointed out by Lt. CUr-
tis. 90 day crine statistics for that reporting district which covers Hay 1990 thru
August 1990 indicate that 77 Part I crines were reported and 41 Part II arrests ~
1Mde. Of the Part II arrests. six ~ directly alcohol related.. _ /- _ J /
,4k-~~
, ,
, .
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ATTACHMENT E
o
.
CITY
OF SAN BERNARDINO
Census Tracts
1980
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ATTACHMENT G
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP NO. 90-75
LOCATION
AGENDA
ITEM #
.6
HEARING DATE 3-6-91
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