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HomeMy WebLinkAbout38-Planning and Building CITY OF SAN BERNCRDINO - REQUEST .eM COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of Review of plans No. 89-40 Amendment to Conditions and appeal of Conditional Use Permit No. 91-22 ~: Planning and Building Services Mayor and Common Council Meeting December 2, 1991 Daw: November 15, 1991 Synopsis of Previous Council ection: No previous action. Racommanded motion: That the hearing be closed and that the Mayor and Common Council deny the appeals and deny Review of Plans No. 89-40 Amendment to Conditions and Conditional Use Permit No. 91-22 (supports staff recommendation and Planning Commission's action.) OR That the hearing be closed and that the Mayor and Common Council approve Review of Plans No. 89-40 Amendment to Conditions and Conditional Use Permit No. 91-22 in concept and refer the matter back to staff to develop positive Findings of Fact. Contact person: Al Flnnqh..y Phone: lR4-'il'i7 Supporting data atWched: Hr"ff R..pnrr Ward: 1 FUNDING REQUIREMENTS: Amount: lJ I" Source: IAcct. No.) IAcct. DescriDtion) Finance: Council Notes: AlIImda Item No <-1',J' C;:ITY: OF SAN BERNC):aDINO - REQUEST ~ COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning Commission's denial of Review of Plans No. 89-40 Amendment to Conditions, a request to amend Condition of Approval No. 1 which restricts the sales of alcohol at the multi-tenant neighborhood retail center constructed under that application, and Conditional Use Permit No. 91-22, to permit the off- site sales of beer and wine in an Italian Delicatessen/ Market located within the center. Mayor and Common Council Meeting December 2, 1991 REQUEST The applicant, Mr. Bassam Askar, through his consulting representative, Mr. John Lightburn, is appealing the denial of Review of Plans No. 89-40 Amendment to Conditions and Conditional Use Permit No. 91-22 by the Planning Commission. The appellant requests that the Mayor and Common Council amend Condition of Approval ~o. 1 of Review of Plans No. 89-40 to allow the sale of alcohol at the multi-tenant retail center constructed under that application, and approve Conditional Use Permit No. 91-22, to permit the sale of beer and wine at a delicatessen/market located in the center, for off-site consumption (See Exhibit A - Letter of Appeal.) BACKGROUND On November 19, 1S86, the previous owner of the site, the Forecast corporation, filed Conditional Use Permit No. 86-61, an application to construct a 6,230 square foot commercial center on the site, to include a convenience store with the sales of alcoholic beverages for off-site consumption. On February 3, 1987, the Planning Commission denied Conditional Use Permit No. 86-61 based on the incompatibility of the proposal with the newly proposed Rialto High School to be constructed directly across pepper Avenue on the west. On March 9, 1987, the Mayor and Common Council denied an appeal of Conditional Use Permit No. 86- 61 based on the same grounds. The existing 7,038 square foot retail center was constructed under Review of Plans No. 89-40. During the Review of Plans application process, the Rialto Unified School District voiced concern over the potential for the sales of alcoholic beverages at the center because of its proximity to the proposed Rialto High School site. The applicant and current owner, Linkletter- Perris, willingly agreed to Condition of Approval No.1 of Review of Plans No. 89-40 restricting the sales of alcohol at the retail center to alleviate the School District's concerns. 75.0264 Appeal on Review~ Plans No. 89-40 0 Mayor and common\-pncil Meeting of December 1991 Page 2 On April 1, 1991, the applicant filed for an Amendment to Conditions to Review of Plans No. 89-40 , to remove the alcoholic beverage sales restriction of Condition NO.1, and to allow the submission, processing and approval of Conditional Use Permit No. 91-22, an application request to permit the sales of beer and wine in an Italian delicatessen/market located in the retail center. At the Development Review Committee (DRC) meeting of June 27, 1991, the DRC denied the request for the Amendment to Conditions to Review of Plans No. 89-40 and cleared Conditional Use Permit No. 91-22 onto hearing by the Planning Commission with a recommendation of denial. PLANNING CO~MISSION RECOMMENDATION On October 8, 1991, the Planni~g Commission unanimously denied the appeal of the Amendment to Conditions to Review of Plans No. 89-40 and denied Conditional Use Permit No. 91-22. The basis for the denial was the proximitiy to the Rialto High School (currently under construction) which is located less than 60 feet from the deli/market, and the applicant's prior record of sales of alcohol to minors". The applicant filed an appeal of the Planning Commission's decision on October 18, 1991 (Exhibit A.) OPTIONS AVAILABLE TO THE HAYOR AND COUNCIL The Hayor and Council may deny the appeal and deny the Amendment to Conditions to Review of Plans No. 89-40 and deny Conditional Use Permit No. 91-22, or the Hayor and Council may uphold the appeal and approve the Amendment to Conditions to Review of P~ans No. 89-40, removing the alcoh)lic beverage sales restriction, and approve Conditional Use Permit No. 91-22 in concept, referring the item back to staff to develop positive Findings of Fact. RECOHMENDA:lQR staff recommendeds that the Hayor and Council deny the appeal and deny the Amendment to Conditions to Review of plans No. 89-40 and deny Conditional Use Permit No. 91-22. Prepared by: Hichael R. Finn, Associate Planner for Al Boughey Director of Planning and Building Services Exhibits A - Letter of Appeal B - Staff Report to the Planning Commission C - Official Notice of Public Hearing before the Hayor and Common Council "_"" O~~;"'"r4:\.""";'.';:.'"."",,,,,,",,,"",_, CITY OF SAN OERNARDINO - OEMORANDUM To Planning Commission Review of Plans No. 89-40 Amendment to Conditions and Conditional Use Permit No. 91-22 FromLarry E. Reed, Asst. Director Date October 8, 1991 Subject Approved. I tern No. 2 Date OWN~R Linkletter-Perris 756 Baker Street Costa Mesa, CA 92626 APPLICANT Bassam Askar 7965 Sierra Avenue Fontana, CA 92336 R~QU~ST The applicant is appealing the denial of an amendment to conditions of Condition of Approval No. 1 to Review of Plans No. 8940, restricting alcohol sales at the multi-tenant neighborhood retail center constructed under that applicantion. The applicant also requests the approval of Conditional Use Permit No. 91-22, to permit the off-site sales of beer and wine in the Delicatessenl Market located at the center. BA(~KGROI/Nn The request was scheduled to be heard by the Planning Commission at the September 3, 1991 meeting. However, the item was continued to the October 8, 1991 meeting at the request of the owner, who was out of town on September 3, and unable to be present at that meeting. ,:~t~ . ....'::... - ...,..... EXHIBIT "A" . Review of Plans No. 0Q-40 Planning Commission Oting of October 8, 1991 Page 2 o RECOMMENDATION Staff recommends that the Planning Commission hear the request and deny the appeal of the Amendment to Condition of Approval No. 1 of Review of Plans No. 89-40, which restricts the sales of alcohol at the center and deny Conditional Use Permit No. 91-22 based upon the findings contained in the attached staff report from the September 3, 1991 meeting. Z7'"FVd. Larry E. Reed Assistant Director, Planning and Building Services ~R~~ Michael R. Finn Associate Planner Attachment: September 3, 1991 Staff Report for Review of Plans No. 89-40 Amendment tO,Conditions (Appeal) and Conditional Use Permit No. 91-22 ,"-',.~--,""~ -. p 'iO { city of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Review of Plans No. 89-40 Amendment to Conditions and Conditional Use Permit No. 91-22 Applicant: Bassam Askar Owner: Linkletter-perris ACTION Meeting Date: October 8, 1991 X Denied ygn Ayes: Nays: Abstain: Absent: Clemensen, Cole, Lopez, Ortega, Stone, Valles None None Jordan, Lindseth I, hereby, certify that this Statement of accurately reflects the final determination Commission of the City of San Bernardino. Official Action of the Planning 4z r- /J Signat e &'//(/1 I?f'/ Date . Larrv E. Reed. Assistant Director of Plannina and Buildina Svcs. Name and Title cc: Project Property owner Project Applicant Building Division Engineering Division Case File WP pcaction .. ....--- .......... . . - . ~ .". 0 ~_-'-4_..,.~~"___,,,~ . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 4 9-3-91 ':l , ,'. '"........, """'l APPUCANT: Bassam Askar W REVIEW OF PLANS NO. 89-40 7965 Sierra Avenue Fontana, CA 92336 UJ AMENDMENT OF CONDITIONS C OWNER: Link1etter-Perris CJ (APPEAL) AND CONDITIONAL 765 Baker Street USE PERMIT NO. 91-22 Costa Mesa, CA 92626 '-/ '" ~ r'\ Appeal of the denial of an amendment to conditions of ~ Condition of Approval No. 1 to Review of Plans No. 89-40 restricting alcohol sales at the multi-tenant neighborhood W retail center constr~cted under that application, and ~ 0 the approval of a Conditional Use Permit to permit the W off-site sales of beer and wine in the Italian Delicatessen/ a:: - Market located within the center. C W SOl:theast corner of Mill Street and Pepper Avenue a:: 0:( V \. ~ EXISTING GENERAL PLAN PQOPERTV LAND USE ZONING Df;~IGNATION Subject Multi-tenant retail CN Commercial Neighborh ~c Ncrth Retention Basin RS Residential Suburb South Vacant RS Residential Suburb East Vacant RS Residential Suburb ~I ~lest Rialto High School PF Public Facility '" , I( ) GEOLOGIC I SEISMIC DYES I FLCOO HAZARD DYES D ZONE A SEWERS: }C/: YES HAZARD ZONE: ~ NO ) \ ZONE: X8 NO D ZONE B :; NO ( HIGH FIRE D YES )1 AIRPORT NOISE! 0 YES ( REDEVELOPMENT ::J YES HAZARD ZONE: !mNO CRASH ZONE: PROJECT AREA: )Qi NO ~ ~NO ~ r r- ..l o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL 0:( APPUCABLE EFFECTS WITH 0 MITIGATING MEASURES - ~ !C 0 zen NO E.I.R. CONDITIONS WO II.CI :EZ fl EXEMPT o E.J.R. REOUlRED BUT NO II.Z IKl DENIAL Z- SIGNIFICANT EFFECTS O:(W OCl Section 15301, WITH MITIGATING ~I a::~ Class 1 MEASURES 0 CONTINUANCE TO -II. 0 > o NO SIGNIFICANT o SIGNIFICANT EFFECTS Z CJ W EFFECTS SEE ATTACHED E.R.C. W \. MINUTES '- a:: "-.- \.. .) \.. crn-aI'_~ Cll'lfllW.M.n .~...cu PLAH-1.D2 PAGE 1 OF 1 (4--10) . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT- CASE RP 89-40 / CUP 91-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 4 9-1-'11 2 ~ ~ REOUEST The applicant is appealing the decision of the Development Review Committee to deny his request to amend Condition of Approval No. 1 of Review of Plans No. 89-40 which restricts the sales of alcohol at the multi-tenant neighborhood retail center construc~~d under that application. The applicant also requests the approval of a Conditional Use Permit under the authority of Municipal Code Section 19.83.500, to permit the off-site sales of beer and wine in at Italian delicatessen/market located in the retail center. SITJ: r~O~&TTON The delicatessen/market occupies a 2,283 square foot tenant space in a 7,038 square foot multi-tenant neighborhood retail center located on the southeast corner of Mill Street and Pepper Avenue in the CN, Commercial Neighborhood land use designation. The site is further described as 505 South Pepper Avenue, Unit "A". MUNt~IPAL CODR ANn GKNERAL PLAN CON~OR~ANCR The proposal is in conformance with the MuniCipal Code and is consistent with the Gene=al Plan as shown in Attachment "A". CALIFORNIA E~VIRONMENTAL QUALITY ACT The proposal is exempt =~om the California Environmental Quality Act (CEQA) under a Class 1 exemption (CEQA Section 153011. BACKGROltND Previous Application On November 19, 1986, the Forecast Corporation, previous owner of the subject site, filed Conditional Use Permit No. 86-61 to construct a 6,230 square foot convenience store/retail commercial center with the off-site sale of alcoholic beverages. The Conditional Use Permit request was heard by the Planning Commission and denied on February 3, 1987. The Forecast Corporation subsequently appealed the Planning Commission's decision to the Hayor and Common Council. The appeal was heard on March 9, 1987, and denied. A review of the case file for Conditional Use Permit No. 86-61 reveals that both decisions for denial of the application were based upon the conclusion that the sale of alcoholic beverages for off-site consumption is not a compatible use with the proposed Rialto High School located to the west across Pepper Avenue, and therefore would adversely ... ~ ern 01 .... .-...0 "'-_...... P\.AN.a.aI 'MiE, OF , '.<<11 J CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP89-40/CUP91-22 4 9-3-91 3 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE P' affect the growth and development of the area for which it wa:s propo:sed. Exl:stlng Nelghborhood Retall Center The exi:sting n~ighborhood reta~l center wa:s con:structed under Review of Plan:s No. 89-40. Ba:sed upon the Rialto Unified School Di:strict':s concern over the potential off-:site :sale of alcohol at the retail center, the applican: and current owner, Linkletter- Perri:s, willingly agreed to Condttion of Approval No. 1 of Review of Plan:s No. 89-40, re:strict~ng alcohol :sale:s. The condition read:s a:s follows: "No alcohol :sale:s or video arcades in the propo:sed center, given the propo:sal of the Rialto School Di:strict to con:struct a high :school on the property adjacent to the project :site acro:s:s pepper Avenue on the we:st. Should the Rialto S~hool Di:strict ever abandon the propo:sed school sit~, the no alcohol/no video arcade condition will no longer be valid." On April 1, 1991, the appl::ant filed for an Amendment to Conditions cf Review of Plan:s No. 89-40 (Attachment "E") to remove the no al:ohol restriction of Condition No.1, and to allow the processing and approval of Conditional Use Permit No. 91-22. At the Development Revtew Committee (DRC) meeting of June 27, 1991, the DRC denied the request for the Amendment to Condition:s. On July 8, 1991, the applicant filed and appeal of the DRC's decision (Attachment "F"). ANaT.Y~T s AMENDHENT TO CONDITIONS In order for the Planning Commission to approve Conditional Use Permit No. 91-22, it au:st fir:st overturn the decision of the DRC denying the Amendment to Condition:s of Review of Plans No. 89-40. The analysis of the appeal is included with the analysis of the Conditional Use Permit request, since the issues involved are the same. CONDITIONAL USE PERHIT Slte and Area Characterlstlcs The subject property consists of 0.54 acres located at the southeast corner of Hill Street and Pepper Avenue. The property is developed with a 7,038 ~quare foot neighborhood commercial crT'o'CiI'_.......-.o catmIW.~ JII -4a. ....ol PI.AHoI.GI. PAGE 1 OF 1 1~1 r' - CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT - CASE RP 89-401CUp ..... q1-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 4 Cl-<-Ql 4 , ~ retail center constructed under Review of Plans No. 89-40. The delicatessen/market occupies the northern most unit of the center. Vacant residentially designated land borders the site on the south and east. A Flood Control District retention basin is located across Hill street to the north. The new Rialto High school is currently under construction across Pepper Avenue, at the southwest corner of Hill street and Pepper Avenue. Proposal The applicant proposes the sale of beer and wine f~r off-site consumption at the Italian delicatessen/market. proposed hours of operation are from 7:00 a.m. to 10:00 p.m. Sunday through Thursday, and 7:00 a.m. to 11:00 p.m. Friday and Saturday. Permi tted Use The proposed off-site delicatessen/market is designation, subject to sale of beer and wine at the Italian a permitted use in the CN land use the approval of a Conditional Use Permit. Applicability of Ordinance HC-770 The Convenience Store Regulation, HC-770 became effectl'le on April 10, 1991 (Attachment "G"). The ordinance applies to any convenience store applications deemed complete between ~pril 10, 1991 and the enactment of the Development Code-on June 3, 1991. The Development Code applies to all applications deemed complete after June 3, 1991. Since the Amendment to Conditions request and the Conditional Use Permit application were deemed complete on April 23, 1991, HC-770 applies. HC-770 defines a convenience store as any establishment providing for the retail sale of groceries, staples, sundry items and/or alcoholic beverages wit~in structures of less than 5,000 square feet of gross floor area. The ordinance also restricts convenience stores from being located less than 1,000 feet from an existing or previously approved convenience store, or an existing ele~entary, junior high school, or high school as measured from the nearest distance from one property line to another. The proposal does not technically meet the definition of a convenience store under HC-770. The delicatessen/ market occupies a 2,283 square foot tenant space, however, the tenant space is located within a structure of greater than 5,000 square ~ .... ClP"CI'.....~ c:atmW.~-tI .f1...clU PLAN-UI pAGE' OF 1 (4-101 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP 89-40/CUP 91-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 5 r' ., feet of gro~~ floor area; gros~ floor area of the retail building is 7,038 square feet. However, the propo~al i~ not con~i~tent with the intent of the convenience ~tore definition. The ~ize con~traint wa~ placed in the definition to differentiate larger grocery markets from convenience ~tores. It wa~ intended that the definition of convenience ~tores include those ~tores with gro~~ floor area of 5,000 square feet or le~~, net ~tore~ contained in building~ of 5,000 ~quare feet or le~~. The Development Code implemented June 3, 1991, clearly reflects thi~ intent. The Development Code defines a convenience store a~ the retail ~ale~ of grocerie~, ~taple~, sundry item~ and/or alc:holic beverage~ where the gro~s floor area i~ le~~ than 5,000 square feet. Were the application subject to the Development Code, the propo~ed u~e would be cla~sified a~ a convenience ~tore and would be restricted from locating within 1,000 feet of the high ~chool. Overturning the DRC'~ denial of the Amendment to Conditions and appr,ving the Conditional U~e Permit reque~t will place what i~ defined a~ a convenience ~tore in the Development Code directly acro~~ the ~treet from, and within les~ than 60 feet of a high ~chool in conflict with the intent of HC-770. RIalto School DIstrIct Concerns The Rialto Unified School Di~trict wa~ notified of the reque~ted Amendment to Conditi~n~ and Conditional U~e Per~it in ea::y April. In re~pon~e, the Di~trict expre~sed concern about jeopardizing the health ~afety and welfare of the 3,000 or more ~tudents expected to attend the high ~chool if the project were approved. The District also indicated that when the retail center was first under consideration by the City, Linkletter Development had prOVided the School District assurance~ that there would be no alcoholic beverage sale~ permitted on the property. Based upon the~e a~surances, the Ria1to School District did not oppose the application to construct the center. The Rialto SChool District remains oppo~ed to the sale of alcoholic beverage~ at the shopping center and encourage~ the City to uphold the exi~ting conditions of approval for Review of Plans No. 89-40. ApplIcant's Record During the inve~tigative proce~~, the applicant, Ba~~am Askar wa~ interviewed and asked several standard inve~tiqative questions, including a question of any record of arrests. Hr. Askar ~~.!!'~~ ~ p~ PAGE 1 OF 1 ("-to) CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP 89-40/CUP 91-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 6 responded that he had never been arrested. Later in the interview, however, Hr. Askar indicated that he did not want to lie to the investigator and stated that he had one violation for sales of alcohol to a minor, which he had received while working as a clerk in his brother's liquor store in Duarte in 1985. He stated that he had been placed on probation and had not had any other violations and had not been arrested for anything else. Subsequent investigation revealed another conviction for sales to a minor in 1987, and two arrests. The first arrest was for PC211 (robbery) on December 12, 1982. Hr. Askar was detained only and then released due to lack of probable cause. The second arrest was for PC496 (receiving stolen property) on April 27, 1983. Hr. Askar was again detained only and then released due to insufficient evidence. When confronted with these arrests, Hr. Askar indicated that no charges were ever filed and that he had not told the investigator of either because he did not consider them arrests. The applicant's record of two preVious violations of sales of alcohol to minors brings into question the applicant's character and ability to operate an establishment selling beer and wine for off-site consumption less than 60 feet from a high school. Area Re~idents During their investigation, the Police Department attempted contact with 19 residents living in the immediate vicinity of the project, but were only able to contact 8. Of the 8 contacted, 4 were opposed to the proposal, and 4 had no opposition. Of the 4 residents opposed, most cited fears of increased crime and concern over the close proximity of the proposed business to the high school as their reasons of opposition. Police Department Area Commander The area Commander, Lt. Curtis is opposed to the proposal and recommends denial due to the close proximity of the project to the previously approved Rialto Unified School District high school. According to Lt. Curtis, the proposal will encourage sales to minors, adults purchasing alcohol for minors, loitering at the shopping center, incidents of public intoxification both on and off campus, and increased fighting and violence both on and off the campus. Police Department Recommendations Based upon the applicant's prior history, the close proximity of ~ ~ cn'I' CII' _ -...0 _r_. _ PUN-I.DI PAGE' OF 1 (.-..oJ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP89-40/CUP91-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 7 ~ ..., the propo~al to the Rialto High School under con~truction, and the potential problem~ that could ari~e from such a situation, the Police Department recommend~ denial of the Amendment to Condition~ and of the Conditional U~e Permit request. COHM~NTS RE~EIVED Development RevIew CommIttee The reque~t for amending Condition No. 1 of Review of Plan~ No. 89-40 wa~ denied by the Development Review Committee (DRC) on June 27, 1991 ba~ed upon the proximity of the propo~al to the Rialto High School under con~truction and the applicant's past history a~ brought out in the Police Report. The DRC al~o reviewed Conditional U~e Permit No. 91-22 at the same meeting, and cleared it onto Planning Commis~ion for hearing with a recommendation for denial. RIalto UnIfied School DIstrict The Rialto Unified School District is opposed to amending Conditi:m No. 1 of Review of Plan~ No. 89-40 to allow sales of alcohol at the center and is opposed to Conditional U~e Permit No. 91-22. Their concerns were addressed above in the analy~ls section of this staff report. city of Rialto The City of Rialto had no comment on either of the applicant's requests. Council Ward 3 Councilman Flores The application was routed to the Council Office for review while Councilman Flore~ was ~till in office. The Councilman objected to the amendment of Condition No. 1 of Review of Plan~ No. 89-40 ~ince it would allow the, off-~ite ~ale~ of beer and wine at the center. He feared that approval could open the door to other con~ideration~ and flexibilite~ of alcoholic beverages to be made available at the location. Councilman Hernandez Councilman Hernandez did not either propo~al. However, he ~taff and was opposed to the forward any formal comment~ on did discu~s the proposal~ with approval of the Amendment to "- PI..ANoI.aI pAGE1~f 10l-IO) ~r~~ .._._._;__c._ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP89-40/CIJP91-" OBSERV A liONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 8 r' ~ Conditions or the Conditional US& Permit citing the proximity of the center to the proposed Rialto High school, and denial of Conditional Use Permit No. 86-61 for the same reason. The file for Conditional Use Permit No. 86-61 contains a letter of protest from Councilman Hernandez to then Planning Director Frank Schuma, protesting Conditional Use Permit No. 86-61 and a request that the protest be made as part of the Planning Commission Hinutes of February 3, 1987. PolIce Department The Police Department is opposed to the request to amend Condition No. 1 of Review of Plans No. 89-40 restricting the sales of alcohol at the retail center, and to Conditional Use Permit No. 91-22. The reasons for their.opposition are discussed above in the analysis section of this staff report and are contained in the Police Report (Attachment "H"). CONCLUSTON The neighborhood retail commercial center- is located less than 60 feet from the new Rialto High School. Sales of beer and wine at the center could impact the health, safety and welfare of the 3,000 or more students expected to attend the school when it opens in the fall of 1992. A preVious application for off-site sales of alcohol at that location under Conditional Use Permit No. 86-61, was denied because of its potential for impacting the health as safety of the future high school students. The current owner of the center gave assurances to the Rialto Unified School District when the center was under consideration by the City, that there would be no alcoholic beverage sales permitted at the center. The owner also willingly agreed to Condition of Approval No. 1 of Review of Plans No. 89-40 restricting alcohol sales at the center. The owner has requested the amendment to Condition No. 1 in spite of these assurances. Because the Amendment to Conditions and Conditional Use Permit applications were deemed complete prior to June J, 1991, the Development Code does not apply. However, under the Development Code, the proposal would be considered a convenience store and would not be allowed because it is located within 1,000 feet of Rialto High School. The applications are subject to the Convenience store Ordinance, HC-770, which was in effect at the time the applications were deemed complete. HC-770 also restricts convenience stores from locating within 1,000 feet of schools. However, the applications are in technical compliance with HC-770, because the proposal does not meet the definition contained in that ordinance for convenience stores; although the ... ..... ::":'~IIfI~ ~ PAGE10Fl fot.<<ll CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP 89-40/CUP 91-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 9 ~ delicatessen/market is slightly over 2,000 square feet, it is located within a structure larger than 5,000 square feet. The intent of the definition of convenience stores in HC-770 was to differentiate larger grocery market from convenience stores. The proposal, therefore, does not conform to the intent of HC-770. The applicant's prior record of sales of alcohol to minors brings into question his al:llity to operate a facl1ity with off-site sales of beer and wine less than 60 feet from a high school. The Rialto Unified Sc~ool District, Police Department, and Councilman for Ward 3 are all opposed to the approval of the Amendment to Conditions and Co~ditional Use pe:sit requests for the various reasons cited above. RRCOMMI:NDA'I'ION staff recommends the Amendment to No. 89-40, which deny Conditional that the Planning Commission deny the appeal of Condition of Approval No. 1 of Review of Plans restricts the sales of alcohol at the center and Use Permit No. 91-22. Respectfully sub2itted, &..C6/ Assistant Director, Planning and Building Services 1f'~Qo.Q R.~ Michael R. 'Finn Associate Planner Attachment "A" Attachment "B" Attachment ","" w Attachment "0" Attachment "E" Attachment "F" - Hunicipal Code and General Plan Conformance - Findings of Fact - Conditions of Approval - Standard Requirements - Letter Requesting an Aaendment to Conditions, Review of Plans No. 89-40 - Letter of Appeal of DRC's Denial of Amendment to Conditions, Review of Plans No. 89-40 Attachment "G" - Copy of HC-770 Attachment "K" - Police Report Attachment "I" - Site Plan and Floor Plan Attachment "J" - Location Hap .... PUH-I.DI pAGE lOF , '.<<11 Ill"' Ill' .. ....-m --- rl'C-:.ac:u-nent. ."'1. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS r ATTACHMENT "A" cat@9ory Prono~~l Permitted Use Off-site sales of beer and vine in a delicatessen/ market Height 19 feet Setbacks Front 10 feet Side-street 10 feet Floor Area Ratio 0.7 Landscaping 2,029 sq. ft. (14 percent) 33 spaces Parking CASE l)"O QQ_..4n/f"'n'D Q1_" AGENDA ITEM HEARING DATE PAGE Municipal ~ Permitted subject to a CUP 2 stories or 30 feet 5 feet 5 feet 0.3 750 sq. ft. (5 pe:cent) 29 spaces" 4 9-3-91 10 """II General f.Wl. N/A 2 stories or 30 Feet N/A N/A 0.7 N/A N/A .. 7,038 square feet of gross floor area requiring 1 parking space per 250 square feet of gross floor area. ...01 cn'l'.._........., --- PLM-UI PAGE tOF 1 (4010) At1:achment liB II CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RPRQ-40/rTTP Q, _" FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 4 9-3-91 11 r ATTACHMENT "B" CONDITIONAL USK P~RMI~ ~rNOINGS O~ ~ACT 1. The proposed delicatessen/market with off-site sale of beer and wine conforms to the objectives of the City's Gene:al Plan, in that it is a permitted use in :he CN, Commercial Neighborhood, General Plan land use designation, subject to the approval of a Conditional Use Permit. 2. Given the applicant's previous history of violations of selling alcohol to minors and the fact that the p:oposal is located less than 60 feet from the high school under construction, the proposed use could adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located, in that it has the potential to make alcohol more accessible to the high school students and to teenagers, who are particularly susceptible to alcohol abuse with the potential to increase crime. 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, safety and general welfare, in that the multi-tenant retail center located on the site was approved under Review of Plans No. 89-40. 4. The traffic generated by the proposed use will not impose any undue burden upon the streets and highways designed and improved to carry the traffic in the area, in that the traffic resulting from the commercial development located on the site was reviewed by the City Traffic Engineer under Review of Plans 89-40. The parking provided is adequate in that it satisfies Municipal Code Requirements. 5. Based upon the above given Findings, the granting of this Conditional Use Permit could be detrimental to the peace, health, safety and general welfare of the 3,000 or more students expected to attend the new high school in the fall of 1992, and the citizens of the City of San Bernardino at large. ............ __'OF' (<-lIOl Gn:.~.~ Attachment "CII CITY OF SAN BERNAROINO PLANNING AND BUILDING SERVICES OEPARTMENT CASE RP89-40/CUP91-22 CONDITIONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 12 ~ ., .. 1. ~...tma1U) ~NnT'!'YO"S 2. .... Kinor lIClcti~ications to the plan shall ]:)e sw,je~ to approval ~ the Di:ect:or ot Planninq. An inc:;-.... ot lIOre than 10 percent ot the square tootaqe or a siqniticant chanqe in the approve~ c9ncept shall ]:)e sw,je~ to (Planninq Commission an~ Development Review Committee> review and approval. Constru~ion shall ]:)e in sw,stantial contormance with the Plans approve~ ]:)y the Development Review Co_ittee, Planninq Commission or Di:ect:or ot Planninq. '!'he c!eveloper is to sW=it a complete lUster l~cape anc! i:::'iqation plan (4 copi_> tor the eati:;-e c!evelopment to the ZDqineerinq Oepar=aent with the requirR tee tor approval, __ the lanc!scape plans will be tOrvar.:lR to the Parks, Rec:eation, and Cc",...Wl1ty Servic_ . and the Planninq Depart:Mnt tor revi_ and approval. (Hota: the issuance ot a bai.J.~inq permit, ~ the Depart:aent ot Builc!inq ~ Satety ot the City ot San Bernarclino, c!ces B2t waive the.e requiraents/:Onditions. > No graclinq per.lits will be issued. prior to approval ot l~cape plans. '!'he ~iqn shall incl=e, but net be li.lllited. to the tollowinq: x Sceet ce_ shall ]:)e plantR on:l 0 toot center spacinq unl_s otherwise incticatR ~ the Departlllent ot Pules, Recreation, ~ community Services. 'I'he Parks Depar=ent shall cSetar.line the varieties and locations prior to plantinq. Al.l ce_ shall be 24" box specilllens. Tree. are to be 1nspec-=ed. by a Park Division representative Drior to plantinq. x Planters shall be enclosed. with concrete cur=inq. ....... ~'0Jf I I.... -..- - '-, , RP89-40/CUP91-22 CITY OF SAN B~AROINO PLANNING ANO BUILDING SERVICES OEPARTMENT :0 """II CONDITIONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 13 r 3. 4. 5. It. 'l'he secacb !=0Il the north _ , south _ , ..st , west _ properey line shall be l:Ier=ed at a:aximum 3:1 slope and shall l:Ie planted with a tall !_cue type turf91'Ss. A I.&nc1.cape butfer zone shall l:Ie in.talled between tacilitie. and street. x 'l'he landscape and irriqaUon plans shall cOllply with the '-Procedure and Policy tor Landscape and Irriqation- (available trom the Parks Department). Subject to the Conditions ot the Oepart=ent ot Parks and Recreation (attached). 1'2:ees, shrul:ls and qroundcover ot a type and quality qenerally consistent or cOllpatible with that characterizinq .inqle- family hOlle. shall l:Ie provided in the tront yard and that portion ot th side yarc1s which are visible trOll the .ueet. All lanclscaped area. must be provie!ed with an automatic" irriqation .yst_ adequate to iDsure their viability. 'l'he lanc!scape anc! irriqation plans shall l:Ie approVac1 by the Parks aM Recreation Oepart:aent. At all ti:les ~e busine.s will be operated in a manner which c!oes not proe!uce ollnoxious DOise, vibration, odor, dust, saoJce, qlare, or other nuisance. A .iqn p~~... for the multi-tenant commercial/1ne!ust=ial center shall l:Ie approved l:Iy the Planninq Depar't::llent prior to isauance ot C&rt1ticate of occupancy. In the event that this approval i. leqally challenqee!, the City will PrOllptly notify the applicant ot any claim or action and will cooperate tully in the detense ot the matter. once DOtified, the applicant aqree. to de tend , 1nc!emnity, anc! bole! har.Il... the City, its otticers, aqents anc! _ployee. ~ any claim, action, or proceedinq aqainst the City ot San ~. 'l'he applicant turther a9%'ee. to rei:lburse the City ot any costs and attorneys' te_ which the City may be reqIlired by a court to pay as a result ot such action, but such perticipation shall DOt reli~e applicant ot his obliqation under this conc!ition. I ,."..... '.. 1 or 1 t" --- - - 1"'\ ,... -- CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT- CASE RP 89-40/CUP91-22 CONDITIONS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 14 "'" ,... Condition~ of Approval 6. All the Condition~ of Approval and Standard Requirement~ of Review of Plan~ No. 89-40 shall apply with the exception of Condition of Approval No. I, which shall be revi~ed to read as follows: RNO video arcades or nuisance type uses that may attract the hi9h ~chool ~tudents shall be permitted in the proposed center, 9iven the location of the Rialto Hi9h School in relation to the center.. Should the Rialto Unified School District ever abandon the ~chool ~ite, the re~trictions of thi~ condition will no longer be valid.R ... ~,..=== lDI.AN-I.aI PAGE10F1 f4olOl CITY OF SArQERNARDINO PLANtOG DEPARTMENT . CASE RP89-40/Cl1Pg1 -22. CONDITIONS AGENOA ITEM HEARING DATE ~AGE 4 9-3-91 1:1 Alcoholic Beveraae Conditional Use Permit 7. Atter 12 months ot operation of the ~usiness, the . license owner, shall submit to the City two sets ot mailinq labels of property owners and their address and/or tenants addresses ot property within 500 feet ot the exterior boun~a=ies ot 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 intormation shall be obtained ~=om the latest San Bernardino County equalized assessment roll and maps. Atter receipt ot the mailinq labels and map, the City w~ll send an evaluation questionnaire to those neiqhborinq property owners and residents, Councilmembers and Police. This evaluation questior~aire will ask questions about the operation impacts ot the business, the ettectiveness ot current conditions of approv~l and any proposed chanqes to the conditions ot approval. It any substantia~ed and substantial neqative evaluations are received or at ~. City'S discretion, a public hearinq with the Planninq Commission shall be held. Opon no':ice by the City, ~itt7 percent ot the latest Conditional Ose Perm1~ application tee shall be paid by the appli:ant tor the preparation of the evaluation report to the Planninq commission. Atter the public hearing the Planning Commission may modify any existinq conditions ot approval, add new conditions ot 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 atter imposition. - ~ The above process operation impacts may years ot operation as ot evaluation of the business be required in any subsequent determined by the city. l CITY OF SA~ERNARDINO PLAN~G DEPARTMENT . .~ ''-'.CASE RP 89-40/CUP 91-22 CONDITIONS - AGENDA ITEM 4 MEARING DATE ~-91 PAGE ..r Operation guidelines that the licensee should follow in the sellinq of alcoholic b.veraqes are: Not permittinq drinkinq in the parkinq lots. Not allowinq drunks on the pr..i.... - Discouraqinq loiterinq on ~~. premises and conqreqation of qroups of people. Not sellinq to minors or .omeone under the influence. - Maintaininq a clean store and parkinq lot, includinq immediate trash pick-up and qraffiti removal, and maintaininq the l~ds=aped areas. Limitinq sales of individual or small amounts of b.veraqes that could be consumed im=ediately on or near the store premises. 8. Arcade qame machines .hall not be located on the pr.mises. 9. 10. 11. 12. 13. 14. Outdoor public telephones shall not be allowed. Alcoholic beveraqe .hall not be allowed to be con.umed on the premises (in.ide or outside) of the project property under ownerShip of the license.. There shall be sufficient, maintained exterior liqhting to identity any person or their activities by ~e Polic. of any property under ownership of the licensee. Two documented Alcoholic Beveraqe Control violation. for sales to minors or to someone under the influence .hall 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 sweepinq, all qraffiti shall be removed within- se,.n 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 BERNARDINO PLA~G DEPARTMENT CASE RP89-4n/~TT'Pq,_,.,. CITY OF S~ CONDITIONS AGENDA ITEM 4 HEARING DATE 9-J-~1 ~AGE ""r 15. Possible additional conditions ot approval, based upon a neqative evaluation process outlined above, include but are not limited to the tollowinq conditions.ot approval: Tvnical Condi~iofts of A~roval Alcoholic Bev.raae Coftdi~ional Us. Parmit A. Arcade qame machines shall not be located on the premises. B. outdoor public telephones shall not be allowed. C. Signs sayinq "No loiterinq", "No litterinq" and "No public drinkinq" shall be posted in the tront, rear or sides <as appropriate) ot the establishments. Store employe.. shall be required to advise anyone loiterinq to leave. D. Alcohol beveraqes shall not be consumed on the premis.. < inside or project property under ownership ot allowed to be outside) ot the the licensee. E. There shall be sufticient maintained exterior liqhtinq to identity any person or their activities by the Police ot any property under ownership ot the licensee. F. Sales ot sinqle beer or wine cooler containers shall not be permitted. Beer must be sold only in six-packs and wine coolers in four-packs. G. CUps and corkscrews or individual servinqs of ice shall not be sold, except soft drink dispensers. B. Wine shall not be sold in containers 750 1M. or with an alcoholic content 1St. smaller than qreater than I. Business bours tor 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 siqn advertisinq "liquor" sball be '" CITY OF S.Q BERNARDINO PLAroIN~PE!~I~:J~~!22'" CONDITIONS AGENDA ITEM HEARING DATE PAGE 4 :J J-~l allowed. Neon beer or wine window signs visible trom the outside shall not be permitted. K. Retriqerated beer or wine shall not be sold. L. Alcoholic beveraqe sales shall not constitute more than 30' ot the markets shelt space. M. Alcoholic beveraqe sales shall not constitute more than 30' ot the gross sales, and quarterly receipt records shall be made available for City inspection. N. All alcohol sales shall be by clerks 21 years of aqe or older. O. Two documented Alcoholic Beveraqe Control violations for sales to minors or to someone under the influence shall result in the immediate revocation ot a store's Conditional Use Permit. P. The outside area shall be kept clean by immediate trash pick-up and/or sweepinq, all graftiti shall be r_oved within seven days ot occurrence, and the landscaped areas shall be properly maintained. Q. on-site security patro~' quardcoveraqe shall be provided durinq business hours. R. On-site electronic surveillence shall be required durinq business hours. S. The display area tor the sale ot alcohol beveraqe shall be limited to the rear one-third of the store. T. Tbe eDove Conditional Use Permit conditions of approval shall be posted inside the store at a prominent public location. /ke At't.acnment:. liD" CITY OF SAN BER RDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE P 89-40/CUP 91-22 AGENDA ITEM 4 HEARING DATE Cl-1_Cll PAGE 19 STANDARD REQUIREMENTS P" ., COMMERCIAL. INDUSTRIAL 1. Conditional Use Permit no. 91-22 shall be in effect for a period of 12 months from the date of approval. However, if no development has been initiated at the end of the 12 month period, the application shall expire. Additional time may be approved upon request of the applicant prior to expiration of the 12-month period. Expiration Date: September 3, 1992 " 2. PARKING: a. This 9~velopment shall be required to maintain a minimum of standard off-stree~ parkinq spaces. b. All parkinq and drivinq aisles shall be surfaced with two inches of AC over a suitable base or equivalent as approved by the City Enqineer. Parkinq spaces shall be striped and have wheel stops installed at least three feet from any buildinq, wall, fence, property line, or walkway. c. Whenever an off-street parkinq area is adjacent to or across an alley from property zoned residential, a solid decorative wall six feet in heiqht shall be erected and maintained alonq the property line so as to separate the parkinq area physically from the residentially zoned property provided such wall shall be three feet in heiqht when located within the required front or street side yard setback. Where no front or street side yard is required, such wall shall be three feet in heiqht when loca-:ed within ten feet of the street line. " d. Whenever "an off-street .parkinq area is located across the street from property zoned for residential uses, a solid decorative wall or equivalent landscape berm not less than three feet in heiqht shall be erected and maintained alonq the street side of the lot not closer to the street than the required depth of the yard in the adj oininq residential area. No fence or wall located in the front setback shall obscure the required front setback landscapinq. l. ::":'J~. ~ 1If.M.a.1G JIl.aE1~t ~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP89-40/CUP91-22 AGENDA ITEM HEARING DATE PAGE 4 9-3-91 20 STANDARD REQUIREMENTS P' 3 . REFUSE ENCLOSURES: Whenever refuse bins are located within or adjacent to a parking area used by the public, they shall be enclosed by a decorative wall six feet in height along the rear and sides and screened gate(s) six feet in height al~ng the front. The enclosure shall not be placed within the required front or street side yard setback area. Exact location and size of refuse enclosures are to be determined by the Planning Department and Division of Public Services Superintendent. WALLS: a. Six-foot high solid decorative walls shall be required on the north , soutb , east , and west or peripheral~ property lines. (Oiily those marked"with "X" or check mark apply). 4 . LANDSCAPING: c. d. e. ... .... 01' ... --....0 __ 1- The intent and purpose of this section is to prevent trees and other landscaping from damaging public improvements. a. Street trees must be installed at a minimum of 30 feet on center. Varieties and exact location shall be determined by the Director of Parks and Recreation. All required setbacks abutting a public right-of-way shall be landscaped (except for walks and driveways which bisect or encroach upon the required landscape area). Four (4) copies of a landscape plan (including plant material speCifications) shall be submitted to the Engineering Division for review and approval. All required landscaping shall be protected from parking areas and shall be provided with automatic sprinkler facilities which shall be maintained in an operative condition. b. Interior planting shall be required and maintained equal to at least five percent or ten percent of the open surfaced parking area excluding the area of landscaping strip required by subsection "b" and shall include at least one tree for every five spaces or major fraction thereof. Measurements shall be computed from the inside of perimeter walls or setback lines. ..... I'UNoI.l0 .AGE.OF. 10.<<1) CITY OF SAN BER RDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP89-40/rUPcl1_?2 STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 21 r ~ f. The required setbackes) from the nc~~, south, ____, east ____, west ~ property l~ne shall be densely landscaped with mature trees, shrubs, and qroundcover. A -foot landscaped earthen berm shall be erected and maintained within the setback alonq the above indicated property line. ILLUMINATION: 5. a. All liqhtinq fixtures in the parkinq areas shall be directed away from adjacent properties and the publio riqht-of-way. 6. MECHANICAL EQUIPMENT: a. Air conditioninq and vent ducts shall be directed away from any adjacent residential uses, and all sides of the buildinq shall be free of any external vents and mechanical equipment includinq, but not limited to, conduits and ducts. b. All buildinq-supported roof equipment, ladders ducts) shall be enclosed architectural elements; shall not be permitted. c. All qround-supported equipment such as transformers and air conditioners shall be located within the buildinq, in underqround vaults, and/or behind approved landscapinq ~ masonry walls. mechanical equipment (includinq and air conditioninq and vent within the buildinq's primary independent screeninq devices d. All utility service boxes, connections and service lines shall be painted to match the buildinq exterior on which they are located. e. All existinq overhead utility services and wirinq shall be relocated underqround. f. All utility systems includinq qas, electric, telephone, wa<;;er, sewer and Cable TV shall be provided for underqround, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, Cable TV and/or security systems shall be pre-wired in the structures. Compliance with all recommendations of the Geoloqy Report shall be required (if applicable). .... .... ...~ - - ..... ~.o ~llGE 10F 1 16Cll CITY OF SAN BER RDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP89-40/CUP 91-22 STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 22 ., . Grading and revegetation city Engineer in order exposed to precipitation. During construction, the City Engineer may require a fence around all or a portion of the periphery of the site to minimize wind and debris damage to adjacent prc?erties. The type of fencing shall be approved by t~e City Engineer to assure adequate project site maintenance, clean-up and dust , control. shall be staged as required by the to reduce the amount of bare soil Within 75 feet of any single-family residential district, the maximum height of any buildinq shall not e~ceed one story or 20 feet unless the Commission determines that due to unusual topographical or other features, such restrictive height is not practical. 7. No Certificate compliance with provisions of the of Occupancy sha:l be issued prior to these Standard Requirements as well as all San Bernardino Municipal Code. 8. SIGNS: All signs shall be in conformance with San Bernardim, Municipal Code Section 19.60. Four (4) copies of a plot plat. and elevation of the sign drawn to scale shall be submi~ted to the Planning Department for review and approval prior to issuance of the sign permit from the Building and Safety Department. . ... ar .. .-.-a - - .... PI.oUM.10 PAGE 1 OF 1 ,..." ~..,~W."'T'''' CITY OF SAN BER ARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE RP 89-40/CUP91-22 STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 4 9-3-91 23 r- """"I COMPOSITE DEVELOPMENT PLAN 9. A Composite Development Plan (COP) shall be filed with the Engineering, Planning, and Building and Safety Departments prior to Final or Parcel Map processing by the City pursuant to Ordinance No. MC-592. The COP shall provide additional survey and map information including, but not limited to, building criteria (e.g. setbacks), flood control criteria, seismic and geological criteria, environmental criteria and easements of record. The COP shall be labeled with the title "Composite Development. Plan", and contain a section entitled "Composite Development Plan Notes". The applicant shall have listed under the COP Notes section the following conditions or mitigating measures required for the development of the subject property: The property owner shall sign a covenant running with the land agreeing that if the required landscaping is not maintained, the City may enter on the the property and install and main- tain the required landscaping and may lien the property for the costs. The covenant shall be signed and recorded with the County of San Bernardino Recorder's Office prior to the issuance of any Certificate of Occupancy. In addition, a landscape maintenance easement shall be filed with the Recor- der's Office, which gives the City the right to enter the property and perform maintenance to the required landscaping. latlO/9/90 DOC:PCAGENOA DOCUMENTS l. ...j .,.,.....-- ___~. r_ PL..M-I.10 PaGE 1 OF , f44D) Attach:nent "Ell , o o i1r. Lam.:! Reed, Director Building ond Plllnning Ser/ices City of Son Bernllrdino 300 North 0 Sl 511n Bernllrdino, ClI. 92418 Morch 25, 1991 Deor Mr. Reed, On beMlf of my client, Linkletter/~=~s Co., we Ijre requesting on omendment to condition number one, ReYieVl' of ?l:ns 89-40, in order to process lIn opplicotion for 0 conditionol use permit thot will 0110'1'1' the off-premise sole of beer lInd wine lit II proposed deliclItessen/mllrKet lit ' the project site. ~n application for IJ conditionlll use permit for the sale of beer and wine ';"till be filed concurrent ';"tith this letter of request for on omendment of condi t ion. ,0 .' . ' o CITY OF SAN BERNARDINO PLANNING DEPARTMENT . CASE RP 89-40 CONDITIONS AGENDA ITEM HEARING DATE PAGE 1. No alcobol sales or video arcades in the proposed center, given the proposal of the Rialto Scbool District to construct a bigb scbool on the property adjacent to the project site across Pepper Avenue on the west. Sbould the ?ialto Scbool District ever aban- don tbe proposed scbool site, the no alcobol/no video arcade con- dition will no longer be valid. 2. Two feet of landscaped overbang shall be vice wheel stops wherever feasible in parking spaces. In those parking spaces fron~ing a. concrete walkway, a two foot curb and sidewalk extension may be used vice wheel stops. C6 RP8940COA o ~ o Accachrnent "F" Mr. John Montgome~, Principal Planner 9uiiding end Planning Services Ci ty oi San Bernardino 300 North D Sl. San gernardjno, Co. 92418 July a, 1991 Re: ~e',1iew oi ?lons No. 39-40, Amenament to CondHon NO.1 Dear Mr. Montgomery, On behelf of my clients, we ,re oppealing to the Plonning Commission the Development Revie':'t Committee's denial of our request to emend Condition- No. I os stoted in Review of PIons No. 89-40. . \\. , ~{\' {- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ///1 Xl lIlt 28 ///1 - o. .'"1.-c.~a.c.~"nen"C ..., ORDINANCE NO. Mr.-Q ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 19.23 TO THE SAN BERNARDINO MUNICIPAL CODE TO-' REGULATE THE CONS'l'RUC'l'ION AND OPERATION OF CONVENIENCE STORES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDL'lO 00 ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.23 of the San Bernardino Municipal Code is added as tollows: nChapter 19.23 CONVENIENCE STORE REGULAT=~N 19.23.010 Applicability and Review The regulations set torth in this Chapter shall apply to convenience which are defined as stores establishments which provide for the retail sales of groceries, staples, sundry items and/or alcoholic beverages ., within structures ot less than tive thousand (5,000) square teet of gross tloor area. The establishment of new convenience stores shall b. allowed in the CN, CG-l, CG-2, CG-3, CG-4 and 0.-2 land Ose Designations and approval. 19.23.020 Regulations Convenienca stores shall be const--ucted and operated in the tollowing manner: A. The Minimum site area shall be ~en thousand (10,000) square t..t. s. The site shall have direct trontage along a major or secondary street. The site shall not have direct access on a local residential street. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 71 28 ..~- '~:mIN~OE . . . . . . ADDING ,..,.." .....,,("\ 9 . 2 3 TO REGtTLATE THE CONSTRUCTION AND OPERATION OFCO~IENCE STORES /111 /1/1 /1/1 /1/1 C. One access drive lIII!ly.be permitted tor each street trontaqe. The desiqn and location ot the access drive (5) shall .be SWlj ect to the approval ot the Developlllent Review Committee. Additional acce.. drives lIII!ly.be approved SWlj ect to the recommendation ot the city Enqi:leer. D. No convenience stora shall .be located less than one thousand (1,000) teet trom an existinq or previously approved convenience store, or an existinq ele=entary, , junior hiqh school, or hiqh school, as lIleasured trom the nearest distance trolll one property line to another. E. All on site liqhtinq shall .be enerqy etticient, F. stationary and directed away'trom adjoininq properties and pulllic riqhts-ot-way. All on_ita signac;e shall comply with the provisions ot Chapter 19.60 ot this Code. All on_ita parkinq and lanclscapinq shall comply with the provisions ot Chapter 19.56 of this Code. A parkinq plan shall.be developed as part ot the permit G. review process. All installed landscapinq shall .be H. per.aanently lIII!lintained. The pr_ises shall be kept in a neat and orderly condition at all tiDes. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2i 25 26 27 28 l!C- 770 (') ORDINAN~ ...... ADDING CHAPTER a. 23 CONSTRUCTION AND OPERATION OF CONVENn:NCE , 1/1/ //1/ lIlt TO REGULATE STORES THE I. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle sh&ll comply with adopted Public Works Depart=ent standa--ds and be of sufficient size to accommodate the t--ash generated. The receptacles(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid qate not less than five (5) feet in height. The gate shall be maintained in working oraer aDd shall remain closed except when in use. The wall and gate shall architecturally the be compatible with J. surrounding st--uctures. The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands. !t. A bicycle rack design to accommodate a minimum of six (6) bicycles shall be installed in a convenient location visible from the inside of the store. L. Each convenience store shall provide two (2) public restrooms located within the store: one (1) for men and one (1) for women. Public pay telephones provided on-site shall not be set up for incominq calls., Public telephones shall be featured with callout service only. M. 3 :.1C:~:INAblQ ...... ADDING ~9.2J CONSTRUCTION AND OPERATION OF CONVENn:NCE , , 1 2 N. 3 4 o. 5 6 7 8 P. 9 10 11 //11 12 1111 13 /III 14 /III 15 /III 16 1111 17 /III 18 /III 19 111/ 20 /III 21 1111 22 /III 23 /III 21 1/1/ 25 1111 26 1111 'J:1 /III 28 1111 TO REGULAT!: THE STORES on-site video gaaes JUly no1: be inst:a~~ec! or operated on t:he premi.s_. A convenience store adjacent to any residenti~2y desiqnatec! district sba~~ have a six (6) toot hiqh decorative JUlSOnry wa~~ a~onq property ~in_ adjacent to such cii.stricts. U~ parJcinq, 1oac!inq, circulation ais1_, and pump is~ana bay areas sba~~ be constructea wit:h (PCe) concrete.- , 4 -'-"'_.---'~.---"--'-- .m~____"~,O._". ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2& 25 2S 1:1 28 liC-770 ,r"\ \ j a ORDINA.,~ . . . . .. ADDING CHAPTER .23 TO REGULATE THE: CONSTRUC:IO~ AND OPERATION OF CONVENIENCE STORES I HEREBY u:.tdl:FY that the toraqoinq ordinance was cluly acloptecl by the Kayor ancl C01IIIIIon council of the City of San Bernaraino at all ad10urned recular _tinq thereot. held on the ~hclay of ~ch , 1991, by the following' counc:il M.mbers ~ KAYES ESTRADA ....L- REII.:.Y X FLORES X MAUDSLEY X - M:INOR ....L- POPE-WOLAK ....L- MILLER ....L.. vote, to wit: ~.~m " "... f.A-A .hL. city CJ.erk /}vI.. ~- ~1 . The foreqoinq orainance is hereby approvecl t . '--://~h.., ~ , 199". .... - ,.-' . 7 ." ./":"/7....... ,/ . ./ " / ~ /../ ~ ./ . /W. R/ HaicOllQ:,. .,.yor ./ City of satl Berurclino , clay of Approvecl as to form anel laqal content: JAMES F. PENMAN CitY.1ttorney Ie By: '1t'J."""'- f. -~ (/ . 5 \ p01.Ies COHC&IUCI Attachment "H" , ' t"'\ FOR-CONDITIONAL USE PERKITS F~LCOHOL BEVERAGE LICENSES APPLICATION LOCA~IOM. 505 S. Pepper Avenue (Peppermill Mini-Mart & Delil Conditional u.. Permit "o~ 91-22 Iteporting District SC312/Rn21o Part I Crimes 64 Persons 13 Property 51 Cencus ~ract 44 On Sale A-8/E-3 General Vicinity Off Sale A-7/E-5 (1 pending 1 Distance ~o Meare.tl School Rialto Hiah School (SWCI Mill St & Pepper Ave Church Wnrl" 'Prnpht=tt',:a, M;n;Q~ry rhl1,-t'!h 1099 Pepper Avenue Park Nicholson Park 2373 W. 2nd Street ABC On Sale Licensed Premises ~h;~n'~ r~~,. 7Rln R;~'~n Av. ABC Off Sale Licensed Premise. 2Itks~t~~n"ho Area AM/PM, 2898 Rialto Ave. Distalai~~~\~c;j~\~~ii.~A~lace 2828 W. Mill St. 2915/2905 W. Chestnut Distance of Building to Residence 2828 W. Mill St 2915/2905 W. Chestnut (')R/D Average -55% (1987) Part II Arrest. Alcohol Related Past 90 days: Alcohol related PART II Arrests PART I Crimes 10 6-60% 2=11% 18 28 Distance 60' 1 mile 9/10 mile 5 I' 0 mile ~ mble I.L m1.Le ~8 ~il; 192' 213' 168' 176' m - ~,.., - o' 1M": ;:... ',' ',: i..t I;:: :...! , UU JUN 1 2 '~:-;.1 ':iTV ~);: ~".~: t;~ ":.". l)~rJ..'......-I.::::':" ,.;.. . . .: -,;. .,.. ,. ... ......... '_" __... . I .:"\ , \ "..."" o CUP #91-22 INVESTIGATION: On 05/09/91, I received the investigation for a Conditional Use Permit (CUP #91-22) which had been submitted by Bassam Askar for the Peppermi11 Mini Mart , Deli, 505 S. Pepper Avenue, San Bernardino. The nature of this project will be an approximate 2,283 sq. ft. Italian mini mart/deli- catessen in an existing retail center which is located on the southeast corner "of Mill Street and Pepper Avenue. The proposed business will sell grocery items, produce, beverages, delicatessen items and will include the off-site sale of beer and wine. All delicatessen items will be prepared for take out and no on-site dining facilities will be provided. The business will have three full-time employees in addition to the applicant, who will operate the business. The proposed business hours are 0700 to 2200 hours, Sunday thru Thursday, and 0700 to 2300 hours Friday and Saturday. The delicatessen hours will be the same as the business hours. The applicant will apply for a Type 20 off-sale beer/ wine ABC license pending the approval of this Conditional Use permit. I received information from Mike Finn, the assigned planner, that the retail center was constructed in 1989 under Review of Plans #89-40. The center is located across Pepper Street from Rial to School District I s proposed new high school site. The center was conditioned for no alcohol sales at the re~~est of the Rialto School District with the agreement of the applicant. The applicant is also requesting an amendment to the conditions of approval for Review of Plans #89-40 to remove the condition restricting alcohol sales at the center. I researched the case file for 505 S. Pepper and located information regarding Conditional Use Permit #86-61, which was submitted for that location and investigated by Oet. Rice on 02/02/87. The police depart- ment recommended denial of Conditional Use Permit #86-61. Conditional Use Permit #86-61 was later denied by the Planning Commission and appealed to the Mayor and Common Council, held on March 9, 1987. The Mayor and Common Council closed the hearing, affirmed the decision of the Planning Commission for denial and adopted several findings of facts (see attached copy). I later contacted Associate Planner Mike Finn, who advised me that he had received a letter of opposition from the Rialto Unified School District Superintendent Marlon Foxworth, PhD, and Facilities Planning Coordinator Kent Van Gelder and an additional letter of opposition from" COl.:ncilman Jess Flores regarding Conditional Use Permit #91-22 and amendment to conditions for Review of Plans 89-40. Mr. Finn provided me with copies of those letters (see attached copies). On OS/23/91, I contacted Rialto Unified School District Superintendent Marlon Foxworth and Facilities Planning Coordin~~o]:'.__~.'@!l_ Gelder. I was advised that construction"."crr""tn--Iilgn-scnool had begun J:ii---OCtober 1990 and the school was scheduled to begin operation in September of 1992. They advised me that the Rialto Unified School District is strongly opposed to Conditional Use Permit #91-22 and the amendment to conditions for Review of Plans 89-40. They advised me that the retail center was originally approved with conditions restricting alcohol sales (\ , ' o CUP #91-22 PAGE 2 ~ INVESTIGATION: (cont'd) and that is why it was not opposed by the Rialto Unified School District and now the business wants to change the conditions. allowing for the sales of alcoholic beverages. They confirmed that the Rialto Unified School District remains opposed to the sale of alcoholic beverages at the neighborhood shopping center and encourages the City to uphold the existing conditions of approval on the project as stated in their letter of opposition. On OS/23/91. I contacted ABC Investigator Barbara Lyons regarding the location at 505 S. Pepper Avenue. Investigator Lyons advised me that the applicant. Bassam Askar. had not yet applied for an ABC license and that she had not received any letters of opposition regarding the proposed business. On OS/24/91 at approximately 0930 hours. I conducted an interview with applicant Bassam Askar at the San Bernardino Police Department regarding his application for a Conditional Use Permit. During the interview. I discussed the proposed business with Mr. Askar. He advised me that he anticipated that alcohol sales would represent approximately 6% to 10% of the business' s total sales. He advised me that when he had leased tlJ.e property from the property owner. he had been advised of the cond it ion restricting alcohol sales. however. felt that he would be able to have the condition amended. He said that if he is not able to obtain an ABC license for that location. he would continue with plans of the business. howev'3r. with non-alcoholic beverages. During the interview. he also advised me that he was going into the business in partnership with his uncle. Allen Grayer. however. advised that he (Askar) would operate the business. He planned on beginning operation of the business on or about July 4. 1991. During the interview. I asked Askar several standard investigative questions. one of which was. "Have you ever been arrested?" Askar advised me that he had never been arrested anywhere for anything. Later during the interview. Askar told me that he did not want to lie to me and that he had one violation for sales to a minor. which he received while he was working as a clerk at his brother's liquor store in Duarte in 1985. He said that he was placed on probation and has not had any other violations and has not been arrested for anything else. Askar advised me that he would provide me with further information regarding his partner. Allen Grayer. at a later time. On OS/28/91. I contacted ABC Investigator Barbara Lyons regarding the applicant. Bassam Askar. Investigator Lyons reviewed the case file for Askar and advised me that Askar had completed an application for an ABC license for Fontana Liquor' Mini Mart on 03/14/91. She said that Askar completed the application. however. failed to list the previous violation for sales to a minor in his personal affidavit. which required him to do so. She said that notification of the pending license was sent to Fontana Police Department and she was later contacted by Lt. Fowkes from the Fontana Police Department. who advised her that Askar had a previous " ~. \ , o CUP .91-22 PAGE 3 INVESTIGATION: (cont 'd) conviction for sales to a minor on October 8, 1987, in Monrovia. He was convicted and received a three year probation and fine. Investigator Lyons said that she later contacted Askar and questioned him regarding his previous conviction, at which time Askar advised her that he had forgotten. Investigator Lyons also advised me that Fontana Liquor & Mini Mart had been cited for a violation of sales to a minor in October of 1990. Because of the inconsistencies in Askar's statements during his interview as well as during his contact with ABC, I obtained a criminal history on Askar. Upon reviewing the criminal history, I observed that Askar had been arrested on 12/10/82 by the Los Angeles Police Department for PC211 (robbery). The disposition of that case was listed as a "detention only, lack of probable cause." I also observed that Askar had been arrested on 04/27/83 by the Burbank Police Department for PC496 (receiving known stolen property). That incident was also listed with a disposition of "detention only, insufficient evidence." Askar's citation on 10/08/87 by Arcadia Police Department for B&P25658 (A) (sales of liquor to a minor) was listed as a misdemeanor conviction. After reviewing the criminal history, I contacted Det. Skinner of the Burbank Police Department regarding the PC496 arrest. Det. Skinner provided me with a copy of the arrest report and briefly advised me that the case involved stolen property which was being received from various convenience stores throughout the area which culminated in several search warrants of residences, which resulted in numerous stolen property being recovered. She advised me that she had participated in the investigation and that Askar had been arrested at a house where a search warrant had been served and stolen property recovered. Askar was arrested and booked, however, no charges were subsequently filed on him. On OS/28/91 at approximately 1140 hours, I spoke to Mr. Askar on the phone regarding his application. During the conversation I questioned him regarding the information I had received from his criminal history as well as from Burbank Police Department. Askar then told me that he had not left anything out and that he had told me everything. When I questioned him regarding the PC211 arrest in 1982, he advised me that he had been arrested, however, released and no charges were filed. He then told me that he had been arrested in Burbank in 1983 or 1984 for something that his brother did and that no charges were filed. He told me that he had not told me about the incidents because he did not think that they were anything and did not consider them arrests. I then asked Askar about the violation for sales to a minor in July of 1990 at Fontana Liquor. He then told me that he had recently purchased Fontana Liquor from his brother, approximately three months ago, and that he was present at the business at the time that it was cited for the violation, however, did not own the business at that time. He said that a clerk working at the business received the citation. Askar could add no further. During this investigation, I reviewed San Bernardino Municipal Code 19.23 .- 'I , , , o CUP #91-22 PAGE 4 .- INVESTIGATION: lcont'd) regarding convenience store regulation. On reviewing the section. it was my opinion that the convenience store fell within the guidelines of the section, which constricts a convenience store from being located within 1000' feet from an existing elementary. junior high school or high school. I also obtained a copy of the ABC section of the new development code that will become effective on June 3, 1991. which states that structures subject to an off-site ABC license shall not be located within 500' of any religious institution, school. or public park within the city. COMMENTS FROM AREA RESIDENTS: On OS/23/91, I contacted several residents who live in the immediate vicinity of this site. I spoke with Chatchai Viriyapanthu, 2915 W. Chestnut Street, who advised me that he is opposed to the proposed business and feels that the business might cause undesirable subjects to come into the neighborhood and would bring problems to :~e area, such as intoxicated subjects, disturbances, etc. I spoke to Cosme Tellez and Virginia Tellez, 2942 W. Chestnut Street. who advised me that they are both opposed to the business because of the close proximity of the business to the high school. They advised me that the high school al~ne will cause problems and that beer and wine sales at the business will make it worse because of the availability of alcohol to the students. They feel that the business will cause problems to the surrounding area which will include drunks. fights, thefts, and tran- sients in the area. I spoke to America Aquilar, 2954 W. Chestnut Street, who advised me that she has no opposition to the business. I spoke to Helen Bozonier, 2966 W. Chestnut Street, phone number 820- 1505, who advised me that she is opposed to the proposed business because of the close proximity to the school. She said that she has worked as a recreation director in the City of Los Angeles for the past fifteen years and knows the impact that alcohol has on children, which is devastating. She said that the business would cause problems to the area as well as to the high school and that youngsters will come off of campus to buy alcohol despite restrictions placed on them by the school. She said the business will bring problems to the area which include trespassing, burglaries, thefts, intoxicated subjects. etc. and will cause problems both to the area as well as for the police department. I spoke to Penny Grunwald, 2996 N. Chestnut Street. who advised me that she is not opposed to the business. I spoke to Debra Barnekow, 2985 W. Chestnut Street, who advised me that she is opposed to the business because of the close proximity to the high ( . .. o CUP #91-22 PAGE 5 COMMENTS FROM AREA RESIDENTS: (cont'd) school. which will bring alot of young kids into the area and cause problems to the area residences. I spoke to Pamela Soloman. 2965 W. Chestnut Street. who advised me that she is not opposed to the business. I spoke to Kathy Campbell. 2955 W. Chestnut Street. who advised me that she has no opposition to :he business. I attempted to contact the residents of 2828. 2915. 2905. 2918. 2906. 2930. 2978. 2988 and 2995 W. Chestnut Street with negative results. I also attempted to contact the residents a-:: 2828 W. Mill Street with negative results. AREA COMMANDER COMMENTS: A notification form reglfrding the proposed business was sent to Area Commander Lt. R. Curtis. I later received a response from Lt. Curtis who advised that he recommends denial due :0 the previously approved and planned Rialto Unified School District high school in the immediate area. Approval will encourage sales to minors. adults purchasing alcohol for minors. loitering at the shopping center, incidents of public intoxica- tion both on and off campus. and increased fighting and violence both on and off campus. POLICE DEPARTMENT RECOMMENDATIONS: Based on the aforementioned investigation which includes Conditional Use Permit lI86-61 to permit the sale of alcoholic beverages for off-site. -consumption at the retail center located at the southeast corner of Mill Street and Pepper Avenue which was denied by the Police Department. the Planning Commission and ultimately by the Mayor and Common Council who affirmed the decision of the Planning Commission for denial and adopted the findings of facts. which included that the proposed use, the sale of alcoholic beverages for off-site consumption. will not be compatible with the proposed use of a high school to the west across Pepper Avenue, the sale of alcoholic beverages, therefore, will adversely effect the growth and development of the area in which it is being proposed and that the granting of the Conditional Use Permit to allow the sale of alcoholic beverages for off-site consumption will be detrimental to. the peace, health, safety, or general welfare of the citizens of San Bernardino in addition to the conditions of approval for Review of Plans lI89-40 which conditioned the location for no alcohol sales at the request of the Rial to School District with the agreement of the applicant, as well as San Bernardino Municipal Code convenience store regulation 19.23.010 which could possibly apply to this location. This application was submited just prior to the effective date of June 3. 1991. for the ABC section of the New Development code. which is intended for this type of business and has been legislated to minimize the impact of this type of business on the community. ( \, . - o CUP 191-22 PAGE 6 POLICE DEPARTMENT RECOMMENDATIONS: ( con t I d ) The applicant. Bassam Askar. also made false statements to the police department during the investigation of this application. as well as to the Department of Alcoholic Beverage Control during a separate business transaction regarding prior arrests and convictions raises questions as to his moral character. The close proximity of the proposed high school and potential police problems that could arise due to the availability of alcoholic beverages within 60' of the new high school site. as well as the above listed information. provide the basis for the police depart- ment's recommendation of denial. Respectfully submitted. k ,;.., (0 CUP 1191-22 ADDITIONAL INFORMATION: Mr. Askar's uncle, Allen Grayer. him, therefore, he will continue o '" decided not to go into partnership with with the business as the sole owner. , - W"W. ..1. '- Vk... I .:-....1-. 11 . C' IU.JECT. AlC LICENSE APPLICA'ION ~ G ;jC&~i{~ <- DAfI. s- &-'1/ ---- . We ~eceiyed a notice on the lilted Alcoholic leverage license arid ~equelt your input. prior to approving or protesting tbe application. .1.a.. raturn tbis form to tbe Vice Detail .itb Jour comment. ftO later then -11- ~ I . If.e recdve ftO response from JOu by tbat ate, it .i1 be considered that JOu do not beve any interest in tbis ..tter. ADDRESS. sm- S. fU'f'lP 1J1If.. APPLICANT. ( IYItT. J. OU.iJ "YPE OF LICENSE. T'!'r. 2-D . 11J/,.,;. 1'1/"11;{ YOUR COHHENTS. LIII' t:7J /- 22. [(faM Y II[U IAMfmkM .uv;p 11'/1 LlflllfJlrIllIlYIW/JArnr ~ ~ (fN/}..&i"lIW) LfJTLat1:A,IILiQl/LJl1lU) I rec~nd denial due to the previously approved and planned P.ialto Unified School District high school in the i~diate area. Ap~roval uill encoura~e sales to ~inors adults purchasing alcohol for ~inors, loitering at the shoPpin9 center, incidents of public intoxication both on and off campus, and increased fighting and violence both on and off campus. 8Y, ~,r to.l'?~ Lt. Robert ~. Curtis Area Comnander/Areas A & C , ". , , . < - - K.' J A L T 0 OJ 1\J I FIE D SCHOOL DISTRICT '.l&ALlNC.FOX'.VORTH.PfI.O. 182 5asl Walnul Aven;Je ~lallQ. Caldornla 323;6.3598 SU".,,",.ndem BOARD OF e"uc:.l noN '''/l.~'' O. CV.er ..~.. I:":" ~ .;.~;... ..:-.;t !'l:m._~as. c:.O. :r~.s ;,. MC~'1 .:i.:.t-:..J .';1 'i"CS'~. D.O.S. :lAVIO C,lPE~OUTO Assista "':: 5uaenn..r.denr auStness ServICes April 17, 1991 7eleg~cl"!e .71oiJ a20.;'-:-~2 F~.1.-~"~ r .~ ~ -- 1"':"" ~ . .: ',', -...i ~ , . . : . a ~ ...;. :.. ; .. ' . ... '-' " ~~ ", . \. ~t.-_". ~'..l to.';:., ,: - ~. . Michael R. Finn, Associate Planner City of San Bernardino Planning and Building Services Dept. 300 North 0 Street San Bernardino, CA 92418 - ..... ...- ,..~,...~,:.,.t- '. ,..wI'" =::.....~~.;~....I~~~.. s. ....:.:I:~.i RE: CONDITIONAL USE PERMIT NO. 91-22 AND AKENDMENT TO CONDITIONS FOR REVIEW OF PLANS 89-~0 Dear Mr. Finn: The Riaito Unified School District has received the City's notification regarding the above mentioned project and is opposed to any change of existing conditions that would permit the .ale of alcoholic beverages at the site. The 7,000 square foot neighborhood retail center is directly across the street from a new 3,000 student high school which is currently under construction. The District is concerned ~hat the publ ic health, safety and welfare of its students ~ill be jeopardized by the project. When this project was first under consideration, the applicant, Linkletter Development, provided assurances that there would be no alcoholic beverage sales permitted on the property, and that it would not oppose Condition No. 1 of the review of plan No. 89-40. As a result, the Rialto Unified School District did not oppose the project because the applicant knew 3 school was going to be built across the street. The Rialto Unified School District remains opposed to the sale of alcoholic beverages at this neighborhood shopping center and strongly encourages the City to uphold the existing conditions of approval on the project. Sincerely, . J9J~~ Marlin Foxworth, Ph.D. Superintendent . , 'A ",.. ...,;....--. ....., Kent Van Gelder, Coordinator Facilities Planning MF/KVG/kp + Youth: Our Most Valuable Resource + . .. , I l c , lESS FLORES ..01.....'....''''... ,. -,:!f'\O("' ",4' ,""'0\\'''10 _' tfh.4.0"() ......,....t .~.I. 1....5H I /t1V~/1?/ iJ /.;;. . ,'~' ~" .-- . :'" ,.r,1.... -.JI&: - fit"" , ~ : ~: Ctlf?#-?/-~;:2... ~ .... -;d ~jpJ .$ p{.. -"" ./~,..z ,. ,ZA j ~ #,;,..,. ~," rl'.C-''''''''''' ~ ~/..:/ /......#<< j) ,0 .J.i ' ,7., <<: " ..d/~ p-" ",~:.;zr~'" ~"~ I h - ' .,,/" " " r~ ~ "".M-- --""': ...-.:----,. oj _ _I f -- -'" :.;;e _..... __ :;vV- -" .M ..~ /' J ~ "'0'" ~ '/"" - ' ;# .', /..:7:. ~~ .~ ""r""",&.,,o<~'''' ;.,t' ~, . -. " .. L" {._"..,~ ~"'9 d",.,4 .' J~ ,,~~(/c.'(.-"- . .-."- q oJ ,/' f .d..' J. r p/- .r..~[i:T, ~ , r ,,/,,1 p;~' @ 1", ~ -; ~ ~'! ""': ~J'" -,' ....., - .. - - \ ' ~, \ ".\ ' ~~ ....., 4.' ~::~, .-" .' ..' . rf'"/ ~~~. ",~.~~"~I ~~.~~:? 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" , , / .- , \,j,. // , / '.1 " ;' 2 / -;/ , <: .- <;""" , ;' ...... , ... ..' /" ~ /. .., ,. / --:.' -=-.::.....L .L......~ I Z5.OO' .1.00" 'I' i~'- i I ,1:.: I Ii , ~... I-Ii! I. ' "I i" I ~.' ..! ',,' ,.1 ~,' . '1".. -i LI -! I J.....a - 3?9'J. ~Id ?1"'olll:l ------ ---- 1M: n:s:r 52.00' ~ ~"_6._~ ~.- ~..~~ ~ -.c'...~ 2. ~ u) .... .... \1) ~ - - ~\JI ',' r -;<'j \l\, . ~~-'~J --~{;~~';';.i~ I ~~:; ,," ".Iii . ~ J!l!J u1!tt ~ i ~ l , __r---~ L____________ .. ... -- ..-f __. :---------, r------, ~__________.l L_______.J ,~fl.! ir . i t I 4i;1 J I r '" .-1= ~ . t , .Pi~i ,.I I . I b:,f,.., ill i Hit Inl~1f fi I U I ih' IsP'. J { I t ilJ: ~HU!igC1i ~ II f.... 21t 1111 11 tilt. ~l i.1 t 111 itlUUh ~if ~I ---., Jm I } .. ., .~ ,.. I ~IJ ffsdf . I "t J ill ~ ~.~"'."'r ~_., ...LL ...t.~\JI: . _______ _ .1: ;- -----~- --~ : I . - : J I "I I .. ~ ~ r -< ~ I . , ~ .. I OJ I" : ~ : I I: Itli~'J,i, ~i a1:tt'Jj., II ~ It;!. !. j ! I f J t. t t.! I l, i;. ~ I i iit:! U.~ J,l ,~1 ..,lad'11" l 1~1Ii.:...I.dllL .i. ,~J Uhf 'I'" t? il iij.l.i~~~l IJ~1 ;a~.. .!ffh :a. S::::t a.:: ae:: ,:,~. ~ J ~ II. --~ I, i \) .. . a~u :" ,,; .. s.s: "S :I: .. 7f _ -~..= -== L .. _ _ . or _ III fill oI\~,. I! .! -3S G=1. ~ ~ " ~ I - 0- ~ tJ -;-c__.o;;J-----.. tI " i , Attachment "J" ~ r , CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT m RP89-40/CUP91-22 CASE LOCATION r AGENDA "I ITEM # HEARING DATE 9-3-91 4 ... I I JD .. c z .j - ...J C - ... ..... c a:. u c LLI u c '2 tIft'''''..._ ......~ ,. PLNH.' 1 PAGE 1 OF 1 14-101 " - , ') v 4Ilil. [) Moyor ond Common Counci 1 City of Son Bernordino 300 North 0 Street Son Bernordino, C6. 92416 October 18, 1991 Re: Conditionol Use Permit No. 91-22 and Review of PIons No. 89-40. Amendment to Conditions Subject: Appeal of the Plonning Commission's Decision to deny, October 8, 1991 Mayor ond t1embers of the Common Council, On behalf of Linkletter-Perris llnd Mr. Sam Askor, we ore appealing the Plonning Commission's deniol of the Amendment to Conditions.> Review of PIons No. 89-40 ond Conditionol Use Permit No. 91-2f. By woy of this letter, we request thot our oppeol be heard ot 0 public heoring ot 0 regulorly scheduled meeting of the Moyor ond Common Council. Please odvise occordingly. ~'s~'ctfU~~ oh lightburn s Office Box 1622 :on Bernordino, Co. 92402 714-381-2656 cc: Mr. 5. Askor 505 South Pepper Ave. "A San Bernordino, Ca. 92410 Mr. Bernord Weiner Li nk] etter-Perri s 765 Baker Street Coste Mesa, Ca. 92626 EXHIBIT "B" <( <) ,. CITY OF SAN BERNARDINO PLANNING AND BUILDING S RVICES DEPARTMENT OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL SUBJECT' REV",," OF PLANS NO. '9-40 - "MEN""ID" TO CONOmON (WARO') (APPEAL) AND CONDITIONAL USE PERMIT NO. 91-22 3 PROPERTY LOCATION: Subject property is a rectangularly-s~~?ed parcel of land consisti,-g of about 0.54 acres located at the south east corner of Mill Street and Pepper Avenue having a frontage of about 179 feet on the south side of Mill Street and a frontage of 190 feet on the east side of Pepper Avenue and further described as being located at 505 South Pepper Avenue, Suite A. PROPOSAL: The applicant requests approval of a Conditional Use Permit under authority of Code Section 19.83.500 (Urgency Ordinance) to permit an Italian Delicatessen/~axket with off-site sales of beer and wine in an existing neighborhood retail center and a request to amend a Condition of Approval restricting the sales of alcohol at the neighborhood retail center constructed under Review of plans No. 89-40. . HEARING DATE AND TIME: Monday, December 2, 1991 2:00 p SITE 'ff' :> <1 PUBLIC HEARING LOCATION: ~ . SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH "0" STREET SAN BERNARDINO. CA 92418 ACWfal'" GftC"ObG" ofl"- DfOPOUIllon*""N ~"'8uIIdInO s.- o.......... at Cilf'~' It ~ L*e1UnMf1fttOrtMllDl'......pl'IlIlIOUlgnor... ;MIDlIC nMN'19o plHSe CQl'1IKI'" "'..-.0....... s.wc- ~ npnan or DY pIIOIWIQ ,714, 314-5057. TN MayOr"" eornmon CcM,IncIl.,..... yout - - .\0&1....... to aIWld. you may tuOft'lIlI.mtenc:DlftlM"!S lI'l.....afor Ift~." DfCIDIlIIIIW :N Pt.,.,w19 anllIluIIdU"9 s.nrcn o.panrnenl. s.n iIem8JGIftO~""" 3DO NcIftft "0" S--. san e.n-ono. CaIdOrflIIi 12411. 0eCI'" cttl'le ~ CoftVnIU'ClI''' hNlcoranwllJ.......lftOlIWI9L c.on- oltJClMl U.. ~ R...,... of PO... T~ T-.l "'- .. v--=-- --- ~ to:-. JMyOf and COIM'IDftCOIftlL AppMIItDN""'_CorrIINlI'lc.o-cl mull De rnalle '" wnung. sta1ft;I ~;rounos of......... "'muIIM~." City CJeftI. 81C1f'1Q..m eN ~ _...... ~0I:yI ot........tllft__tor p__ MapS" Tenr,pve TI'Kl ""-.. GenetaI ,"an "'......om.ntlaI'O A.._.4....nllION.........COCII............ ,.., be fotWaIGICIlO:M Mayor WId eomrnon COunCil tor finIIl iICIlDII. "you c:'Ial" :".~ac:DDnor1M Mayor II'lCIc:ornmonCounol IftCOl4.,.. mavDIIllfftlMCllO '..Slngon'Y'na......youOlSQll'lllClfW............guDIC~ oescnoecs",,,,,,nonce. orlnwmten_.4.~ ..1'ICI.......c.rrPlIt'l'W'QQMIIlln at. orortOtta. ';MpuDlC!'IHt'"9. ,_....,.". ._.""..._ ..... ~_.. .._ _II _.....-tv 1;"''''''' 1ft t;.. .,.....- Mr .~.fq E f-~ ~ ... :moo. Q pt..AN ~,07 PAGE 1 OF 1 t6-i01 ';::.g:.. ;::. :..\",~":..~- :.~~ EXHIBIT C NOV 02 '91 10:28AM PPAPKER COVERT & CHID /., \.,.! 1-'.2 o ClAYTON H. ~ IPINCER E. COVERT .~ A. OCJESTER JON.IInw. J, WTT "OlIllLAS N. YEOMAN llAAWE L ItNG CYNnIA A. YOUNT IIIIC T. UTI< MICHAEL L OWENS MICHAEL VIA. TOY L-'W OFFICES PARKER. COVERT & CHIDES'J.'Jli.K 111112 EAST SEVEN1&NTH ITFlUT ~~.~~r]r,.!y '~Lm '91 GEe -2 P 1 :59 TElB'HONE (714) 5~ TELECCINIl (714) ~ fIEF. aJR FU December 2, 1991 RI-20 City of San Bernardino 300 North "0" Street San Bernardino, California 92418 Attention: City Council Off-Site Sales of Alcohol By Italian Delicatessen-Market (Request For Conditional Use Permit No. 91-22 and Amendment of Review of Plans No. 89-40) Dear Mayor and Members of the City Council: Re: This law firm represents the Rialto Unified School District on the above-referenced..tter. For the reasons which tollow, the Rialto Unified School District objects to the qrantinq of the requested COnditional US8 Permit and Amendment to Condition of Approval No. 1 of Review of Plans. No. 89-40. The existinq Neiqhborhood Retail Center located at the southeast corner of Mill Street and Pepper Avenue was constructed under Review of PlAna No. 89-40. At the tilDe the subjaet Neiqhborhood Retail Center was under consideration, the school district expressed its concern over the potential off-si te sale of alcohol at the Retail Center since the prOject would be located approximately sixty (60) teet from the proposed Rial to Hiqh School. As a result Of this concern, the School District and the owner, Linkletter-Perris aqreed to Condition of Approval No. 1 to the Review of Plans No. 89-40 which states: "No alcohol sales or video arcades in the proposed center, qiven the proposal of the Rialto School District to construct a hiqh school on the property adjacent to 7dny\pr\rialto:cfty.N34 #3~ . LMOPRcu 0 . PARKICR. COVERT.. CHIDESTER o City of San Bernardino December 2, 1991 Page 2 the project site across Pepper Avenue on the west. Should the Rial to School District eVer abandon the proposed school site, the no alcohol/no video arcade condition will no longer be valid.- On April 1, 1991, Bas8am Askar tiled tor an Amendment to the Conditions ot Review of Plans No. 89-40 to remove the no alcohol restriction of Condition NO.1, and to allow the processing and approval of Conditional Use Permit No. 91-22. tn response to this apPlication, the Rialto Unitied SChool District submitted a letter dated April 17, 1991, which conveyed its continued QPpoa1tion to the Amendment and appl'oval of the Conditional Use i'em1t. A oopy of this letter is attaChed hereto. Government Code Section 65850 empowers the City by ordinance to regulate the use ot bUildings, struotures and land. The requested Conditional Use Permit is in olear violation of the intent Of Ordinance No. MC-770 which statec that: "No convenience store shall be located less than one thousand (1,000) teet from an existing or previously appl"OVId convenience ctol"e, or an existinCjJ elementary, junior hiCjJh school, or high school, as measured from the nearest distance from one property line to another." The Amendment to Conditions for Review ot Plans No. 89-40 and approval of Conditional Use Permit No. 91-22 will jeopardize publio health, safety and Welfare ot the over 3,000 new students which will be attending the Rialto HiCjJh School when it opens this coming fall. The Off-site sale of beer and wine at a delicatessen located only sixty (60) feet from the new high sChool is contrary to public welfare and morals. The 7dny\pr\rialto,city.N34 \MllPfQS PA.lUDCR. COVERT. C........I.c:r.&..... o o City of San Bernardino December 2, 1991 paqe 3 proposed Amendment and Conditional Use P.~it should be denied. DNY/par Enclosure cc: Kent Van Gelder Coordinator Facilities Planninq Very truly yours, ~i*.~ for Parker, Covert & Chidester 7dny\pr\rlalto:clty.1J4 0:~0HM_ H 1<[ ('UY""A" , '~ CLHID TO,' I ,\1 I FIE [ . .' ~~. I l~ .J . '~.... SCHOOL DISTRICl ~.......s.:-- '.L&IlI.IIC.1OI'oWlImI.""D. 112 SII' ;\1.'"111 AVOIIII' IIi."o. C.II'a,",. 123;'.35.. Su"."",.,.... IOAIIOClI' CUQTIClN .'Il""..O.c.a- .,.. .~ G ;.,..... _.... it ..ua:...,.., ilLO. c....~, ,'I. LIoD., G..:t:-J ;1II1a.'CI'" D.Il.S. ClAVlDCAPlLOUTO ...-'1MrS"ae.......nr Bu....... s........ April J7, 1991 r',nIlCr.. 171" 120.7712 'AJt~ - ~ .- - . ~ ..,,., ~ ~~ ":; ;.; 1 . ~ . , ':.l t# ~ \ ~ ... '11' .- ~ I ;'\ , II . . ..hlll:' '.'.iJ 1.. ~':',. ,.. . Michael R. Finn, Associate Planner City of San 8ernardlno Planning and 8uildlng SerVices Dept. 300 North 0 Street San Bernardino, CA 92418 RE: COIfDITIONAL USE PERIIIT NO. 11-22 AND NlEHDHEHT TO CONDITIONS FOR REVIEW OF PlANS 81-~ .. ......- -; ,.... 't.,-, : ,..-.., ..-". ." . ........ ";'.;..::..'~": ,.; ...... "\="'-la ...... iU;....t:.... ...... .. - DearlMr. Finn: The Rlalto Unified School District has received the City's notification regarding the above IIllntloned project and is OpPOSed to any ehange of existing conditions that would permit the :ale of alCoholic beverages at the site. The 7,000 square foot neighborhood retail center Is directly across the street from a new 3,000 student high SChool which Is.currently under construction. The District Is concerned that th, public health, safety and welfare of Its students 4fll be Jeopar4tltd by the project. _ When this project was first under consideration, the applicant, Linkletter Development. provided assurances that there would be no alcoholic beverage sales permitted on the property, and that it would not OPPose Condition No. 1 of the review of plan No. 81-40. As a result, the Rialto Unified School District did not oppose the prOject because the applicant knew a school was going to be built across the street. The Rialto Unified School District remains opposed to the sale of alcoholic beverages at this neighborhood shOPping center and strongl, enCOurages the City to uphold the existing conditions of approval on the project. Sincerely, . ~~~tn6( Marlin Foxworth, Ph.D. Superintendent MF/KVG/kp . ill _ ... . _,,'J .. ..... ....."---. 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FAIR IEW -5' AV ~II~;~ Iii ~ ~ 5 PEAR ~ ..AY ~1S 0.. .. ... . ~ l,;.f ....... ~.Q.'" BOT JWELL ;1. \J ... :~:cI .I.~~ S ~ 'ii PROS~a;! 'AV. ~ AV ~ Il fIlA ""'tf;. .. .. <,.. ... '.. ..., YI" ....5~. ,y -< t 1.J,ln ~ . .., EUREKA. fl:Jd.. "'- v .. ::: . I ~. 011. . ~ ~ ::.. ~C'~ ~~-:o ~~.~ ~ '1 ~;p ~~~~:! ~1 ~t.::iWi;~~:~ ~. ST ~ . il ...k..-. . ,- .......... ')00 ~ ~ AV lil~ 0 "" I = ~;:~;[lI~';':i?..l ST S. = 1M 8 1'1 . I "'- -,.l._" 1fs CI,~,'l:;. < K 700 .S", r' !1oT Si ~ ",,,C."':..l...: so r=i V'..., A. ~, -:f/~ ~_ ~~ -. I _ -~ .. '0 ... "\ '--. ; PEPPER -.- .... 30 i'