HomeMy WebLinkAbout58-Planning and Building
CITY'" OF SAN BERNADINO - REQUEST Fat COUNCIL ACTION
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From: Larry E. Reed, Director LEC'J.-i""::;';S~bj~b:;' Appeal of Planning Commission's Denial
__. __.' ., \::~f Conditional Use Permit No. 90-75
Dept: Planning and Building Services~' ;';.; ,.~
Mayor and Common Council Meeting of
May 6, 1991, 2:00 p.m.
Date: March 26, 1991
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."
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Reed Signature Di rector
Contact person:
La rrv E. Reed
Phone:
384-5357
3
Supporting data attached:
Staff Reoort
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Council Notes:
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Agenda Item NO-S.%
CITY OF SAN BERNJGDINO - REQUEST F&\ 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 provisions 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
75-0264
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Appeal of Conditio~ Use Permit No. 90-75
Mayor and Common Council Meeting of
May 6, 1991
Page 2
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
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310 "'AST "MEAICAN TITLE BUILDING
3Z3 WEST COURT STREET
SAN BERNARDINO. CALlP'ORNIA 82401
(714) .....- .225
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March 20, 1991
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.
Vh yo= ·
A. Merl~iOO'
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A. M. SESSIONS
ATTOfltNCV AT LAW
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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).
VOTE
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.
56. r ~u/ r/~f7/
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"
. ATTACHMENT B 0
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CITY OF SAN BERNARDINO PLANNING CASE CUP NO. 90-75
AND BUILDING SERVICES DEPARTMENT
AGENDA ITEM 6
FINDINGS OF FACT HEARING DATE 3-6-91
PAGE
r
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-l, 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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OFFICIAL NOTICE OF PUBLIC HEARING
BEFORE -THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL
APPEAL OF The Denial of Conditional Use Permit No. 90-75
THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE
MAYOR AND COMMON COUNCIL BY ADDlicant
SUBJECT: 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
.
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 "0" STIlU.I
SAN BERNARDINO I CA. 9241B
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HEARING DATE AND TIME: Monday, May 6, 1991, 2:00 p.m.
A DETAILED DESCRIPTION Of! THE PROPOSAL IS ON FILE IN THE PLANNING DE:Po\IITIIENT tcr CITY
HALL. IF YOU WOULD LIICE I'UImtEIl IfWOlIMATlOII AII0UT TIIS PROPOSAL PItIOR TO THE PUBUC
HEARING, PLEASE CONTACT THE PLANNING DlPMTMENT IN PERSON OIl BY ~NING
(714) 384-5057.
\ THANK YOU.
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EXHIBIT "C"
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTI~NS TO
J & K MARKET OBTAINING A GENERAL LICENSE TYPE 21 PER=
MITSTHE SELLING OF BEER/WINE AND HARD LIQUOR. THIS
PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
BEVERAGES.
NAME
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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 OBJECTIaNS 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 OBJECTI~NS TO
J & K MARKET OBTAINING A GENERAL LICENSE TYPE 21 PER=
MITS THE SELLING OF BEER/WINE AND HARD LIQUOR. THIS
PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
BEVERAGES.
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIONS TO
J & K MARKET OBTAINING A GENERAL LICENSE TYPE 21 PER~
MITS'THE SELLING OF BEER/WINE AND HARD LIQUOR. THIS
PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
BEVERAGES.
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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIINS 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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WE THE NEIGHBORS OF J & K MARKET HAVE NO OBJECTIINS 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 OBJECTI~NS TO
J & K MARKET OBTAINING A GENERAL LICENSE TYPE 21 PER~
MITS THE SELLING OF BEER/WINE AND HARD LIQUOR. THIS
PERMIT ALSO INCLUDES THE SELLING OF OF SINGLE MALTED
BEVERAGES.
NAME
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
6
3-6-91
3
1"'"""'\ /" """l
r APPLICANT: Jamal Rahman
W 2715 Foothill Blvd, Suite #1
UJ CONDITIONAL USE PERMIT NO. 90-75 San Bernardino, CA 92410
C OWNER: Foothill Meridian Plaza
() 2801 Business Center Dr, #210
"'-.../ \.. Irvine, CA 92715 ./
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m Under the authority of San Bernardino r:'unicipal Code Section 19.83.500,
the applicant is re~uesting a conditional use ner~it to upgrade the
~ existing beer and ~/ine at an existing c('nvenience store to allol'l the sale
0 of hard liquor.
W
a:: Subject property consists of 1.9 acres, located at the southwest corner
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C of Foothill Boulevard and Meridian Avenue, and further described as 2715
w West Foothill Boulevard.
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EXISTING GENERAL PLAN
PROPERTY 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
[ GEOLOGIC I SEISMIC DYES )( FLOOD HAZARD 0 YES 0 ZONE A I( SEWERS: DYES )
HAZARD ZONE: [l NO ZONE: DNO o ZONE B o NO
( 0 ) /" o YES r
HIGH FIRE YES AIRPORT NOISE! REDEVELOPMENT DYES
HAZARD ZONE: ~ CRASH ZONE: PROJECT AREA:
NO \. XX NO '" IX! NO
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..I o NOT o POTENTIAL SIGNIFICANT Z I1l APPROVAL
C APPUCABLE EFFECTS WITH 0
!ZUJ MmGATlNG MEASURES ~ I1l
NOE.I.R. CONDITIONS
WCJ II.Q
~Z [] EXEMPT o E.I.R. REQUIRED BUT NO !:iifi 0 DENIAL
Z- SlGNIACANT EFFECTS
OQ WITH MITIGATING til
a::iE MEASURES 0 CONTINUANCE TO
-II.
> o NO SlGNIACANT o SlGNIACANT EFFECTS 0
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W EFFECTS SEE ATTACHED E.R.C. W
MINUTES a::~
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EXHIBIT "E"
PLM-I.02 PAGE 1 OF 1 (4-10)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE alP I-b. 90-75
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
tl
3-6-91
2
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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
conformity 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.
CEOA STATUS
Conditional Use Permit No. 90-75 has been determined
from the provisions of the California Environmental
under Article 19, Section 15301.
to be exempt
Quality Act
BACKGROUND
On February 12, 1985, an application to construct a commercial
center, consisting of retail shops, an auto care center,
mini-storage and a restaurant with on-site alcohol was submitted
to the Planning Department under Conditional Use Permit No. 85-15.
The project was approved on June 4, 1985. The applicant was given
a final deadline of June 4, 1987 to commence construction, but
the project was abandoned.
On April 2, 1987, a new proposal to
center, 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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CITY OF SAN BERNARDINO PLANNING CASE CUP No. 90-75
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 6
OBSERVATIONS HEARING DATE 3-6-91
PAGE 3
I""
On August 10, 1988, an application for Conditional Use Permit No.
88-42, to establish a convenience store with beer and wine sales
in the new retail center was submitted to the Planning Department.
On 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
at the convenience store, in addition to beer and wine sales as
approved under C.U.P. 88-42. In addition, the applicant is
requesting the removal of the previous restriction against the
sale of single cans of beer.
ANALYSIS
Proposed Use
The subject property is located within the CG-l, Commercial
General, 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-l. 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
the petition statement after the petition was signed.
Compatibility with the Neighborhood
As mentioned, the subject property is located at the southwest
corner of Foothill Boulevard and Meridian Avenue. The north side
of Foothill Boulevard, from Pepper Avenue to Macy street, is
predominantly commercial. Neighboring land uses consist of the
Wigwam Motel and automobile service to the north, a mobile home
park to the east, single-family homes to the south and a
mini-storage to the west. The remainder of properties within a
500-foot radius of the subject property consist of single-
family and multi-family residences, including mobile homes,
and are all located within residential land use districts.
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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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The 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
The 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
occurred for the entire year of 1977.
Concentration of Alcohol outlets in the Census Tract
The subject property is located within Census Tract 44 (Attachment
E) 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
or of defining the implications of saturation has never been made
clear to the Planning Division.
Concentration of Alcohol OUtlets in the General Vicinity
Although the Census Tract in which the subject property is located
is not yet "saturated" with alcohol outlets, there is a high
concentration of licensed alcohol locations in the surrounding
vicinity--including portions of Rialto which are not part of the
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PLAH-UI PAGE1OF1 (4-tiIO)
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP No. QO-75
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
b
3-6-91
5
....
city Census Tracts. Approval of Conditional Use Permit No. 90-75
would not increase the number of alcohol licenses in the area, and
therefore would not technically contribute toward saturating the
census tract.
There are four on-sale alcohol locations within 3/10 of a mile
from the subject property. The nearest, Hardbodies bar, at 2793
West Foothill, is less than 1/10 of a mile from the subject
property. T~e Orange Bowl bowling alley and lounge, at 924 East
Foothill, 1S approximately 2/10 of a mile from the subject
property. Marias Bar and Kelly's Bar, at 2506 West Foothill and
865 East Foothill, respectively, are approximately 3/10 of a mile
from the subject property.
There are also four off-site general alcohol locations that are
within 3/10 of a mile from the subject property. The nearest is
Victoria Liquor, which is across the street from the subject
property at 2652 West Foothill Boulevard. The Minit Mart, at the
southwest corner of Foothill and Pepper, is approximately 2/10 of
a 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
cans of beer.
COMMENTS RECEIVED
Police Department
The 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
a confidential informant that the J & K Market has been selling
single cans of beer in violation of C.U.P. 88-42, an officer went
to the business in civilian clothes and successfully purchased a
single can of beer from the applicant, Jamal Rahman.
The Department is also concerned that the past problems at
Nicholson Park would intensify if hard liquor became available at
another nearby business. The same concerns were expressed by the
Police Department in 1988 regarding the application for C.U.P.
88-42. However, C.U.P. 88-42 was approved and their concerns were
not 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.
~~I~:~=
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P\NIo&.ClI 'AGE lOF 1 10<<ll
.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP NO. 90-75
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
6
3-6-91
6
,.
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 Heldreth of
ABC. Heldreth confirmed that the Police Department registered a
protest of the liquor license and received five protests from
surrounding residents. As of this writing, none of the
neighborhood protests had been verified by ABC.
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.
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Pl.AN-8.08 PAGE 1 OF 1 (4-80)
-0
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP No. 90-75
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
b
3-6-91
7
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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:~: /!u/
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
l
an 0' ..,. -...0
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PI.AN-8.lI8 PMlE,OF, (4-10)
ATTACHMENT A
o
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
OBSERVATIONS
CASE
AGENDA ITEM
HEARING DATE
PAGE
CUP NO. 90-75
6
3-6-91
R
r
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Cateaorv prooosal Municioal Code General Plan
Use 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.
Setbacks 15ft. 5 ft. N/A
Lot Coverage 28 50% N/A
Parking 130 128 N/A
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PLAN-IlII PAGE 10F 1 C~
ATTACHMENT B
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP NO. 90-75
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE
PAGE
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.
~~
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f'UN.I.110 PNlE lOF , _
ATl'ACHMENT C
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP NO. 90-75
AGENDA ITEM
HEARING DATE
PAGE
6
3-6-91
10
CONDITIONS
,.
~
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
...
~.eI~~=M
PIANoI.OI PAGE 1 OF 1 _
. CITY OF SAf OERNARDINO PLANt - CP DEPARTMENT
CASE CUP NO. 90-75
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
6
3-6-91
Alcoholic Beveraae Conditional Use Permit
4.
After 12 months of operation of the business, the
lic.nse owner, shall submit to the City two sets of
mailing lab.ls of property owners and their address
and/or tenants addr..... of property within 500 feet of
the exterior boundaries of the business property owned
by the licens.e. A map illustrating the 500 foot radius
boundary and all parcels within that boundary shall also
b. submitted. This information shall be obtained from
the latest San Bernardino County equaliz.d assessm.nt
roll and maps. After r.ceipt of the mailing labels and
map, the City will send an evaluation questionnaire to
those neighboring property owners and re.idents,
councilmember. and Police. This evaluation
questionnaire will a.k que.tions about the operation
impact. of the busines., the effectiv.n.ss of current
condition. of approval and any proposed changes to the
conditions of approval.
If any substantiated and substantial negative
evaluation. are received or at the City'S di.cretion, a
public hearing with the Planning commi..ion shall be
held. Upon notice by the city, fifty percent of the
latest Conditional U.e Permi~ application f.e shall be
paid by the applicant for the preparation of the
evaluation report to the Planning commission.
After the public hearing the Planning Commi.sion may
modify any exi.ting cOndition. of approval, add new
conditions of approval or revoke the Conditional Use
. Permit. The.e revi.ed condition. or revocations shall
be permanent and subject to app.al to the Mayor and
Common Council within 15 day. after impo.ition.
- ..
Th. above process of .valuation of the business
operation impact. may be required in any sub.equent
years of operation as determin.d by the city.
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CITY OF SA' OERNARDINO PLAN[ 03 DEPARTMENT
CASE CUP NO. 90-75
CONDITIONS
b
AGENDA ITEM _
HEARING DA~ 3.:6-U-_
~AG'" ,.,
Operation guidelines that the licensee should follow in
the sellinq of alcoholic beveraqes are:
Not permittinq drinkinq in the parkinq lots.
Not allowinq drunks on the premises.
Discouraqinq loiterinq on the premises and
conqreqation of qroups of people.
Not sellinq to minors or someone under the
influence.
Maintaininq a clean store and parkinq lot,
includinq immediate trash pick-up and qraffiti
removal, and maintaininq the landscaped areas.
Limitinq sales of individual or small amounts of
beveraqes that could be consumed immediately on or
near the store premises.
5. Arcade qame machines shall not be located on the
premises.
OUtdoor public telephones shall not be allowed.
G.
7.
8.
9.
10.
..
Alcoholic beveraqe shall not be allowed to be consumed
on the premises (inside or outside) of the project
property under ownership of the licensee.
There shall be sufficient, maintained exterior liqhtinq
to identify any person or their activities by the Police
of any property under ownership of the licensee.
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 Use Permit.
The outside area shall be kept clean by immediate trash
pick-up and/or sw..pinq, all qraffiti shall be removed
within-se'llen days of occurrence and the developed areas
shall be properly maintained.
The above
shall be
location.
Conditional Use Permit conditions of approval
posted inside the store at a prominent public
m",.
^~
CITY OF SAt OERNARDINO PLANf - 03 DEPARTMENT
CASE CUP NO. 90-75
CONDITIONS
AGENDA ITEM
HEARING DATE
~AG
b
3-h-Ql
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~
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Possible additional conditions of approval, based upon a
neqative evaluation process outlined above, include but
are not limited to the followinq conditions.of approval:
~ical Condition. of A~aroval
Alcoholic Baver.a. ConditIonal U.. Permit
Arcade qame machines shall not be located on the
premises.
OUtdoor public telephones shall not be allowed.
Siqns sayinq "No loiterinq", "No litterinq" and "No
public drinkinq" shall be posted in the front, rear
or sides (as appropriate) of the establishments.
Store employees shall be required to advise anyone
loiterinq to leave.
Alcohol beveraqes shall not be allowed to be
consumed on the premises (inside or outside) of the
project property under ownership of the licensee.
There shall be sufficient maintained exterior
liqhtinq to identify any person or their activities
by the Police of any property under ownership of
the licensee.
Sales of sinqle beer or wine cooler containers
shall not be permitted. Beer must be sold only in
six-packs and wine coolers in four-packs.
CUps and corkscrews or individual servinqs of ice
shall not be sold, except soft drink dispensers.
Wine shall not be sold in containers
750 ~. or with an alcoholic content
15'.
smaller than
qreater than
I. Business hours for sale of alcoholic beveraqes
shall be restricted from openinq earlier than 7:00
a.m. or closinq later than 9:00 p.m.
f) Only
one
siqn advertisinq "liquor" shall be
.IR
~
1.1.
CITY OF SA. OERNARD'NO PLAN.OG DEPARTMENT
CASE CUP NO. 90-75
CONDITIONS
~
.~
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~
..
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AGENDA ITEM 6
HEARING DATE -i-V-91
PA . 4
""\
allowed. Neon beer or wine window signs visible
from the outside shall not be permitted.
Refriqerated beer or wine shall not be sold.
Alcoholic beveraqe sales shall not constitute more
than 30t of the markets shelf space.
Alcoholic beveraqe sales shall not constitute more
than 30t of the qross sales, and quarterly receipt
records shall be made available for City
inspection.
All alcohol sales shall be by clerks 21 years of
aqe or older.
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.
The outside area shall be kept clean by immediate
trash piCk-Up and/or sweepinq, all qraffiti shall
be r_oved within seven days of occurrence, and the
landscaped areas shall be properly maintained.
Q. On-site security patrol' quard coveraqe shall 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.
f)
/ke
The 4bove Conditional Ose Permit conditions of
approval shall be posted inside the store at a
prominent public location.
-
'" '",-hl''el''' U
APPLICATION rea ODITlONAL USE PERMITS 10 ()coHOL IEVERAGI LICENSES
LOCATION. 2715 W. Foothill Blvd. (J & K Food'Market)
Conditional Use Permit
No. 90-75
Reporting District
~'n4
(')R/D Average
-3%
112
Property
R7
Part II Arres t s
Alcohol Related
61
21 = 34%
Part I Crimes
Persons 30
Cencus Tract 44
On Sale 8 allowed/3 eyi"t Off Sale 7 ...11....-/5 ..-'Cist
General Vicinity
Distance To Nearest:
Distance
School
MYers Elementarv
.7/10 mi.
Church
Not.. within 01" mile
Park
Nicholson Park
1/10 mi.
ABC On Sale Licensed Premises
2793 W. Foothill Blvd.. S.B.
ABC Off Sale Licensed Premises Victoria LiClUOr
2652 W. Foothill Blvd., S.B.
Distance of Parking Lot to Residence
Residence in the 2700 block of W.Court St.
Hardbodies
Less than 500'
Across intersectiOI
Less than 500'
Within 300'
Distance of Building to Residence
Residences il. the 2700 block W. Court St.
Within 300'
Comments From Residents I
Or. 01/16/91, 1 (SPINDLER) attenpted coratact with several residents in the area of the
busiraess ICllown lIS J & K Food Marlcet located at 2715 W. fbothill Blvd., san Bernardino.
At the residence located at 2728 W. 5th Street, 1 contacted the resident who identified
himself as lsiah Parker. Hr. Parker stroaagly objects to the upgrade of the Ita:. License
at J & K Food Market and further objects to the aboli"tnent of corditicn 111 of the mar-
ket's COnditional Use Petmit, which is no sales of single cans of beer. Hr. Parker in-
f.........d III! that he hlIlI alnlIldy sent a letter of ~..t to the Alcct10l Beverage COntrol.
He infomed me that the residents in that neighborhood feel as ~ the area is be-
girdling to clean up il. teD18 of past probleM of narcotics trafficking, etc. He feels
-o:Nl'IJ<<JED ~ PAGE 2-
~~r .~V-/~ ro~ ~wu
the addition of another !?quor store in the area will con~ibute to Imdeainlllble type
persons loitering and drinking in the area. He pointed out that Victoria r ;~onr Stcma
is located on one corner of the intersection located at Foothill and Meridi5l Stt8ets
and another 1iquor s tcma on another corr.er of the s_ intersection is 1mIleOIlUary.
I then contacted the resident at 2738 W. 5th Street who identified hinBelf as lBonard
Lexion. Mr. Lexion infonned 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 a150 indicated that the roeighbortxxld was inproving in temas of narcotics
trafficking, however, it is still occurring on the corners of 5th and Meridian Streets.
Mr. 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 Ccmnander Ccmrents:
Lt. Robert CUrtis is the area c:amIiUlder for area C. 'nle 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 1IIOUld provide for the sales of beer and wine. He re-
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 current
request will intensify existing probl_ in the area. Lt. CUrtis indicates that Nichol-
son Park is located in very close praximity to the J & K Food Market and states that
Nicho1son Park is the primary location of youth related activities and sports programs
for the bench area. Lt. CUrtis states that the park has experienced ongoing gang and
transient problems, shots fired, and sales of narcotics. He conel"'~!l that the grant-
ing of the applicant I s current request will intensify the problen8 which exist. Lt.
CUrtis further points out that on 01/10/91, he received infODll!ltion fran a bench area
resident that the enployees of J & K Food Market frequently sell single aIIIII of beer,
in flagrant violation of condition n of the Conditional Use Permit. Ql 01/10/91, Of-
ficer T. Rice, 1oIOrking in civilian clothes, went to the business and s~~sfully pur_
chased a single can of beer. He observed evidence to support that this _ an ongoing
practice. 'nle enployee was cited for violation of San Bernardino tuUcipal Code 19.78.
100.
Police Department Recu"...ndations I
nJring 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 l!Xl!Inined ABC
card files for census tract 44 and learned that census tract 44 allows eight on-sale
licenses and seven off-sale lie&rIMS. Currently, three on-sale lioensa exist and five
off-sale licenses exist within that census tract. Although the nudlers of licenses cur-
rently existing are under the nlllilers ,,1l-l8d for the census tract, it has to be pointed
out that the area within very close praximity of the J , K Food MarIlet is saturated with
existing on and off-sale licensad locations. MlIria's RIo..., located at 2506 W. Foothill
Blvd., is located approximately 3/10 mile fran J " K Food Market. 'DIe Victoria LilJ49r,
located at 2652 W. Foothill Blvd., is located diagonally ac:rou the intersection of foot-
hill and Meridian fran the J , IC Food Market. The HIImhM;_ Roo..., located at 2793 W.
Foothill. Blvd., is located less thIIn 1/10 mile fran the J , IC Food Market. The 0rancJ&
!2w1, located at 924 E. Foothill Blvd., is located approximately 2/10 mile frail the 1llIIX'-
ket. 'nle K-Mart Depar1:nl!nt Store, located at 850 E. Foothill Blvd., is located approxi-
mately 2/10 mile fran the nmlcet. 'DIe Minit Mart, located en the sout~t corner of
Foothill. and Pepper Streets, is located epprtIXimately 2/10 mile fran the IIIIdciet. Bmwn-
;- r ;c;p....... Store, located at 845 E. Foothill Blvd., is located apptaldmately 3/10 mile
fran the IllIIX'ket and Kelly'S Bar, located at 865 E. Foothill Blvd., is located ~axi-
mately 3/10 mile fran the nmlcet. .
-emrDIJED 00 PAGE 3-
~_m
CUP II~O-7~ Page Tnree
o 0
Attached to the Conditional Use Pemli.t applieaticn sutmitted by the applicant _ a list
containing approximately 162 si!Jlatures, addresses and phone n\lltler& of plltttlnS of the
J , K Food Market who indicated that they tIIOUld like to be able to buy single cans of
beer for cxxwenience .-ad ea:JnCmic purposes. ..I''''' t-r -,11'1 1 in t-lw lIUInr.t ton ha IIblp-
t..Q --" ha~~ In reviewing this list, I observed that approximllteJ.y 44 of the
/signatures were persons who did not live in the area. 'nle police department is in 0p-
position to the applicant's request to upgrade his ABC License to allow for the sales
of haJ:d liquor. F\lrthemore, the police departJlllnt is in oppositicn to the applicant's
request to engage in the sales of single units of beer. 'lbere are several letters of
protest on file fran area residents protesting this action.
'lbe applicant is in current violation of condition #1 of his existing Conditional Use
Pe:cm:i.t in that he was cited for selling a single can of beer to a plain clothes police
officer. 'lbe area within very close proximity of the J , K Food Market is c:unently
saturated with both on and off-sale ABC licensed locations. It is believed that this
action will enhance the al.ready existing problems in the area as pointed out by Lt. CUr-
tis. 90 day crim! statistics for that reporting district which covers May 1990 1:hIu
August 1990 indicate that 77 Part I cr:i.nes were reported and 41 Part II arrests ~
1IllIde. Of the Part II arrests, six were directly alcohol related.. _ /- .,J /
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o ATTACHMENT E 0
OF SAN BERNARDINO
Census Tracts
1980
CITY
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~lllIDY L~ZANO ARCHITECT.
28711'RANCHO iiiiNiA ROAD 8ItrE 204
JlANCHCj. CALFOINA .CII 823110 ..
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ATTACHMENT G
LOCATION
F' AGENDA ....
ITEM #
,6
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT CASE CUP NO. 90-75
HEARING DATE 3-6-91
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TO W!:lQ.t:1 ~ t::1eY CONCERN
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We the neighbors and customers of J & K Market located at
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t:!Q Objection for J & K Market obtaining their Hard Liquor and
single can of beer Licenses.
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NO Objection for J & K Market obtaining their Hard Liquor and
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Name
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single can of beer Licenses.
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NO Objection for J & K Market obtaining their Hard Liquor and
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Name Address Phone #
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single can of beer Licenses.'
Name
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single can of beer Licenses.
Name
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Phone #
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2715 W. Foothill Blvd., #1, San Bernardino, California, Have
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single can of beer Licenses.
.Name
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Phone #
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TO k!!::IQM ~ t:teY CONCERN
We the neighbors and customers of J & K Mark_located at
2715 W. Foothill Blvd., ij1, San Bernardino, C fornia. Have
~ Obiection for J & K Market obtaining their Hard Liquor and
single can of beer Licenses.
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TO k!l:IQtl I.I::l.ll t:1eY CONCERN
We the neighbors and customers of J & K Market located at
2715 W. Foothill Blvd.. ~1. San Bernardino. California. Have
NO Objection for J & K Market obtaining their Hard Liquor and
single can of beer Licenses.
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TO WHOM THIS t:l.e.X. CONCERN
We the neighbors and customers of 'J & K Market located at
2715 W. Foothill Blvd., #1, San Bernardino, California, Have
~ Objection for J & K Market obtaining their Hard Liquor and
single can of beer Licenses.
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TO \:!!:iQtl THIS t:1.e.X. CONCERN
We the neighbors and customers of J & K Market located at
2715 W. Foothill Blvd.. #1, San Bernardino, California, Have
NO Objection for J & K Market obtaining their Hard Liquor and
single can of beer Licenses.
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We the neighbors and cusiemers of J & K Market located at
2715 W. Foothill Blvd., _rl'san Bernardino, California, Have
~ Obiection fop J & K Ma~~e~ obtaining their Hard Liquor and
single can of beer Licenses.. ;, J,'l
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Name
Address
Phone II
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