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HomeMy WebLinkAbout62-Planning . CITY OF SAN BBRtOtblNO - itiQUIEST OR COUNCIL ACTION Date: August 3l, 1989 Appeal of Planning Commission Denial of Conditional Use Permit No. 89-22 Mayor and Council Meeting of September 18, 1989, 2:00 p.m. Brad L. Kilger From: Director of Pla1Jlltt.-AJil14Ut, Mf. Subject: Dept: Planning . SEP -1 PM 2: \6 Synopsis of Previous Council ection: Ne CcJ4.1elt. HtGf{LAN? ~ AR..~ No previous Council action. Recommended motion: That the hearing be qlosed; that the appeal be upheld;. and, that Conditional Use Permit No. 89-22 be approved subject to the Findings of Fact and Conditions of Approval contained in the August 8, 1989 Planning Commission staff report(spppo~ts appellant's request and staff recommendation to Planning Commission on August 8, 1989). or That the hearing be .closed; that the appeal be denied; and, that Conditional Use Permit No. 89-22 be d' (supports Plann' g Commission denial by a 4 to 3 vot ~ Contact person: Brad L. Kilger Phone: 384-5057 Supporting data attached: Staff Report Ward: 7 FUNDING REOUIREMENTS: Amount: n/a Source: (Acct. No.) (Acct. Descriotionl Finance: Council Notes: 75-0262 Agenda Item NO~:l.J , CITY OF SAN BERt()IDINO - REQUEST OR COUNCIL ACTION STAFF REPORT Subject: Appeal of Planning Commission Denial of Conditional Use Permit No. 89-22 Mayor and Council Meeting of September 18, 1989 REOUEST The applicant, Seman Nimeh, is appealing the denial of Conditional Use Permit No. 89-22 by the Planning Commission. The applicant requests that the Mayor and Council reconsider the denial and approve the conversion of a service station into a mini-market which sells beer and wine. BACKGROUND Conditional Use Permit No. 89-22, which requested approval under Code Section 19.28.020 (D) (3b) and 19.83.500, to convert an existing service station into a mini-market which sells beer and wine in a CG-1, Commercial General, land use designation located at the northeast corner of East Highland and Arden Avenues, was denied by the Planning Commission on August 8, 1989 by a 4 to 3 vote. The Development Review Committee (DRC) reviewed and recommended approval of the project's site design on July 13, 1989. The DRC does not address the issue of the sale of beer and wine in their review. The project is exempt from the California Environmental Quality Act. The proposal complies with the City Code requirements for design, circulation, signage, and parking. Three additional parking spaces are required and four spaces have been proposed. The Police Department reviewed the proposal and opposed the project based on saturation of the area with existing on- and off-site sale licenses and police problems in the area; However, if the Planning Commission decided to permit the project, they proposed the following mitigation measures: 1. No sales of single unit cans and/or bottles of beer. 2. No wine sales in containers less than 705 mI. or with an alcohol content greater than 15% by volume. 3, No ice sales in bags less than 7 pounds at or below prevailing prices. 4. No game machines located within the premises. 5. No alcoholic beverages are to be consumed on property controlled by licensee. "No Loitering" and "No Drinking of Alcoholic Beverages" signs shall be posted :throughout the parking lot and on the building. 6. The parking lot shall be equipped with lighting of 75-0264 -- J. ~ Appeal of Mayor and Page 3 Planni~commission Denial Council Meeting of 9/18/89 ,~ of CUP~. 89-22 sufficient power to illuminate and make able the appearance and conduct of all about the parking lot. The applicant is in agreement with these conditions of , approval. easily discern- persons on or The Planning Commission reviewed the staff report and staff's recommendation for condition approval. Staff's recom- mendation was based on a evaluation of the factors of compatibility with surrounding property, the relation of crime statistics to location and size of alcohol outlets and the type of alcohol proposed to be sold. However, the Planning Commission felt that it was not appropriate for a gas station/mini-market on a major thoroughfare to the mountains to be selling beer and wine and because of the possible exacerbation of crime problems in the area. OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may deny the appeal and deny Condi- tional Use Permit No. 89-22 or uphold the appeal and approve Conditional Use Permit No. 89-22 with conditions. RECOMMENDATION That the hearing be closed~ that the appeal be upheld~ and, that Conditional Use Permit No. 89-22 be approved subject to the Findings of Fact and Conditions of Approval contained in the August 8, 1989 planning commission staff report (supports appellant's request and staff recommendation to Planning Commission) . or That the hearing be closed~ that the appeal be denied~ and, that Conditional Use Permit No. 89-22 be denied (supports Planning Commission denial by a 4 to 3 vote). Prepared by: John E. Montgomery, AICP, principal Planner for Brad L. Kilger, Director of Planning C - D - Letter of Appeal to Mayor and Council Statement of Official Planning Commis- sion Action Public Hearing Notice August 8, 1989 Planning Commission Staff Report At1:a.chments: A - B - mkf9/1/89 M&CCAGENDA:CUP8922 - - J , o o Seman Nimeh 2402 E. Highland Ave. Highland. CA 92346 RECEIVED-C:1Y CLERIC '9J NJi 18 P2:53 August 17. 1989 City of San Bernardino Planning Department 300 North "D" St. San Bernardino. CA 92418 RE: Conditional Use Permit No. 89-22 Dear Sir. I, Seman Nimeh, wish to appeal the decision of the Planning Commission, given on August 8, 1989. to deny approval of Conditional Use Permit No. 89-22. I have been in business at my current location for nearly eight years and have a good reputation with the community surrounding this location. Two members of that community took the time to come to the hearing held on August 8th to give their support for the mini market and myself as a responsible and reliable member of this community. My station pumps approximately one hundred thousand gallons of gas per month and serves a large geographic populace as the station is centrally located at the freeway to Los An- geles and the route to the mountains. As a self employed small businessman it is difficult to maintain a healthy business in today's market with just a gas station (even with a garage). The trend is to con- venience stores. People like the idea of picking up the odd gallon of milk, loaf of bread or a quick snack at the same time as buying their gas. I am simply a small business- man trying to make a living and survive these sometimes difficult economic times in the service station business by adding the convenience of a small mini market for my customers. In their denial the Planning Commission addressed strictly the alcohol license part of the permit and there was really no discussion of the mini market itself. In their denial they stated two reasons for denial: 1) the number of off-site licenses allowed in the census tract and 2) the proximity of the market to the freeway to Los Angeles and the route to the mountains. I would like to address these o o - 2 - concerns as follows: l) I would like to point out that my clientelle comes from a much larger geographic area than the census tract. Also, studies have shown that the increase in the number of outlets does not increase the con- sumption, but rather, spreads out where it is pur- chased. As an example: there are two gas stations on opposite corners of the same intersection sell- ing 30,000 gallons of gas per week. A third gas station is built on one of the corners of the same intersection. The market does not increase because of this third gas station, but rather, the 30,000 gallons of gas is distributed between the three stations. One may give better service, be cleaner with more personable employees and thus have more of the trade than the others, but the basic market stays fairly constant. I would also like to point out that the ABC, accord- ing to the California Business Code, has given no opposition of the license indicating that there are not too many licenses. The Planning Department recommended approval and the Police Department, though not expressly for the off-site license, said they would not oppose it if they could make certain stipulations, wnich I have no objections to. As far as the proximity of the market to the free- way to Los Angeles and the route to the mountains, the committee members who objected seemed to be concerned that people would purchase alcoholic beverages and drink them while they were driving. to Los Angeles or on the dangerous mountain road. I would like to make two points here: l) It is illegal to drink and drive on any road and I do not see that what kind of road you are located by should be a criteria for whether you may offer al- coholic beverages for sale or not. Is proximity to one road preferrable to another? The law is clear - drinking while driving is illegal: 2) The second point I would like to make is that there are three other locations on the same route where tra- velers may purchase, not only beer and wine, but at at least one location hard liquor is sold. If people are going to purchase these commodities denial of my CUP is not going to inconvenience or deter them at all, but it will certainly affect me if I am not allowed to improve my trade by offer- ing more convenience to my customers. 2) . o - 3 - o In closing I would like to say that this country was founded on a system of free enterprise. In this age of convenience a small business like mine has to move with the times and offer as many and as much convenience to it's customers as possible in order to survive. I have a reputation for honesty, re-. liability and responsibility in this community. The off- site license is not the main issue for me. I am trying to offer my customers more convenience by putting in a mini market where they can make short stop or emergency purchases while getting their gas and thus save an added trip to the store - purchases such as milk, band aids, disposable dia- pers, etc.. 'The ,off-site license is a very small part of what is involved with a mini market. I would even propose a six months trial as far as the off- site licensing is concerned, but I need to put in the mini market to keep my business viable. r hope that this matter can be reviewed and perhaps we can come to an agreement acceptable to all on this matter. Sincerely, /~d'V )//Ptll Seman Nimeh ~(P2-- 03/3 ab o ATTACHMENT B o City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT NUmber: Conditional Use Permit No. 89-22 Applicant: ACTION Meeting Date: August 8, 1989 Seman Nimeh x Approved Adoption of Negative Declarations and Requests Subject to the Following Findings of Fact, Conditions of Approval and Standard Requirements (Attachment A). Denied based upon the following Findings of Fact. Other. FINDINGS OF FACT The proposed use conforms to the City'S General Plan in ~hat the addition to an allowed use under lished by the new General Plan. 2. The proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is to be located in that there are two mini- markets offering beer and wine within 500 feet of the proposal. 1. objectives of the proposal is for an the guidelines estab- 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 site can accommodate the proposed change in use and satisfy all requirements for setbcks, landscaping, parking and access. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and adequate on-site parking is provided in that High- land Avenue has two traffic lanes in each direction and adequate parking spaces are provided. 5. The granting of the Conditional Use Permit under the conditions imposed will be detrimental to the peace, health, safety and general welfare of the citizens of the City of San Bernardino in that the census tract t:;ity of San BernO _no 0 STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION Conditional Use Permit No. 89-22 Page 2 allows only six off-site outlets for alcohol and eight exist. Allowing more outlets could contribute to higher crime rates in the area. YQn Ayes: Nays: Abstain: Absent: Clemensen, Corona, Lopez, Stone Cole, Lindseth, Sharp None Nieraan I, hereby, certify that this accurately reflects the final Commission of the City of Sa Statement of determination Bernardino. Official Action of the Plal'\ning rad L. Kilger, Director of Planning Name and Title cc: Project Property OWner Project Applicant Building and Safety Dept. Engineering Division /mkf PCAGENDA: PCACTION o o ATTACHMENT C Public Hearing Notice A notice of the appeal hearing was sent to the property owners within 500 feet of the subject property and the applicant at least ten days prior to the hearing, as per Municipal Code Section 19.8l.020. A copy of this notice is attached. r o o OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF " . Conditional Use Permit No. 89-22 '" . THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL BY the applicant. , SUBJECT: Appeal of Planning Commission Denial of WARD '* Conditional Use Permit No. 89-22 7 PROPERTY 2402 East Highland Avenue LOCATION : - , - PROPOSAL: To permit the conversion of one repair bay and office area into a 675 square foot mini-market and to permit the sale of beer and wine. -" PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCI L CHAMBERS 300 NORTH "0" STREET SAN BERNARDINO, CA. 92418 r HEARING DATE AND TIME: September 20, 1989, 2:00 p.m. A DETAIL.ED OESCRIPTION OF THE PROPOSAL. IS ON FIL.E IN THE PLANNING DEPARTMENT AT CITY HALL. IF rou WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PIlIOR TO THE PUBLIC HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING (714) 384-5057. THANK YOU. , ~ j'" IH4 ..., .I>"W-: o o Attachment D CITY OF SAN BERNARDINO PLANNING DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 5 8-8-89 7 Conditional Use Permit 89-22 APPLICANT' Seman Nimeh 2402 E. Highland Ave. Highland, CA 92346 OWNER, Texaco Refining and Marketin ll50 Mountain Avenue Uland CA l&J B t; l&J :) o 1&1 a: ...... c:r l&J a: c:r The applicant requests approval of a Conditional Use Permit to permit conversion of one repair bay and office area into a 675 square foot mini-market and to permit the sale of beer and wine. The .52 acre parcel is located at the northeast corner of East Highland Avenue and Arden Avenue at 2402 East Highland. PROPERTY prQ North South East West EXISTING LAND USE Service Station Vacant Vacant Commercial Conunercial General Plan DESIGNATION CG-l CG-l CG-l CG-l CG-l ZONING CG-l CG-l CG-l CG-l CG-l GEOLOGIC / SEISMIC DYES FLOOD HAZARD DyES OZONE A !] YES HAZARD ZONE Iil NO ZONE J6lNO OZONE B SEWERS DNO HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT DYES HAZARD ZONE ESNO CRASH ZONE ESNO PROJECT ARE^ I! NO .J o NOT o POTENTIAL SIGNIFICANT Z lID APPROVAL ~ APPLICABLE E FFE CTS 0 WITH MITIGATING - lID ZlI) MEASURES NO E.I.R. Iii CONDITIONS ILl 1a..0 '2(1) ~ EXEMPT o E,LR, REQUIRED BUT NO D DENIAL I Z Ia..Z z- SIGNIFICANT EFFECTS ILl 00 WITH MITIGATING j!::1 0 CONTINUANCE TO a::Z MEASURES tn::l S;&L 0 Z oNO o SIGNIFICANT EFFECTS (,) 1&.1 SIGNIFICANT SEE ATTACHED E,R, C, l&J EFFE CTS MINUTES a:: NOV. 1911 REVISED .lULY I". .KY CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE ~T1'PRq_,., OBSERVATIONS AGENDA ITEM HEARING DATE , PAGE 5 8-8-89 :.! 1. REOUEST The applicant requests approval of a Conditional Use Permit under authority of Code Section 19.28.020 (D) 3b to permit the conversion of one repair bay and the office area of an . existing service station into a mini market. Under authority of Code section 19.83.500 (2.110) he also seeks to sell beer and wine in the mini market. The site is designated as CG-l, Commercial General-1 by the General Plan (see Attachment G- Site Plan). . 2. SITE LOCATION The subject property is a .52 acre parcel, located at the northeast corner of East Highland Avenue and Arden Avenue at 2402 East Highland Avenue (see Attachment H - Location map). 3. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed use is consistent with the San Bernardino Municipal Code and the General Plan adopted by the Mayor and Common Council on June 2, 1989, (see Attachment A - Municipal Code and General Plan Conformance). 4 . CEQA STATUS The proposal is exempt from the California Environmental Quality Act under Section 15301 Class 1 (a). 5. BACKGROUND The service station existed prior annexation of the site into the City on December 27, 1967. Two Conditional Use Permits (CUP) have been issued for a service station at this location. In 1972, CUP 82-38 was approved for an addition to the existing building. In 1985, another Conditional Use Permit was approved to demolish the existing building and to rebuild a new station. These changes were not completed until after November, 1986 when building permits were issued. The current application was filed June 6, 1989, and reviewed by the Development Review Committee on July 13, 1989. CITY OF SAN B NARDINO PLANNING DEPARTMENT CASE CUP89-22 OBSERVATIONS AGENDA ITEM 5 HEARING DATE --f-A-AQ PAGE 6. ANALYSIS The Proposal The proposal is to covert an existing repair bay and office area into a 675 square foot, single-room mini market. Also, the applicant requests a CUP to sell beer and wine for off- site consumption. Setbacks/Code Requirements The existing service station was completed in 1987. The project met all current' requirements for setbacks, circu- lation, parking and landscaping. The Municipal Code has not changed these requirements. However, the Parks and Recreation Department has added Conditions of Approval requiring street trees in accordance with the plan for Highland Avenue (see Attachment A - Municipal Code and General Plan Conformance). parking The change in use of the 675 square feet proposed for a mini market will require three additional parking spaces. The plans reflect four new parking spaces on the west side of the project, one more than is required for the new commercial use. The application proposes a total of eleven spaces which meets the current requirements. Traffic Highland Avenue is a major arterial with four, lanes and a turn lane. The City Traffic Engineer did not require a traffic study as the proposed use will not create an impact on the existing streets. Signs Currently, the service station has several signs, all of which are within the city requirements. Traditionally, the city has had problems with mini markets in that signs cover the windows, exceeding sign codes. Conditions of Approval o 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP89-22 OBSERVATIONS AGENDA ITEM 5 HEARING DATE 8-8-89 PAGE 4 "" have been added requiring Planning Department review of all signs including banners and penants. At no time are window signs to cover more than 30 percent of the window. Surrounding Uses , The existing service station is situated at the northest corner of Highland and Arden at the entrance to the Crosstown Freeway. Restaurants are located to the east and west of the project. A vacant lot separates the station from residental property to the north. The Crosstown Freeway is proposed to continue south of the site. The nearest residential use is located 168 feet north of the project on 23rd Street. The distance meets the Alcohol Beverage Control Board's requirement for a 100 foot separation. The proposed mini market will not impact the surrounding land uses. Existing Beer and Wine Outlets The police report lists eight outlets for off-sale licenses, within the census tract in which the proposal is located. Attachment F illustrates six of these outlets. Two mini markets are located within 500 feet of the proposal. Within 1000 feet of the proposal there are two restaurants and a liquor store. In addition, two on-site licenses ar.... located within 1000 feet of the proposal. Of the eight licenses located within the census tract, one is approximately a mile from the proposal, near Highland and Palm and two are located approximately 1500 feet away on Sterling above 23rd Street. In summary, the census tract has two more outlets for off- sale than allowed, only two are within 500 feet, and two more outlets are within 1000 feet. crime In General Area The police report and attached map illustrates the crime rate in the general area. The four police report districts and the comparative crime rates are shown on Attachment E. The map illustrates the crime rate for the area surrounding and to the northeast of the proposed mini market is 66 percent below the City average or minus 66 percent. The crime rate southeast of the proposal is 75 percent below the City "" CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE C"lIPRQ-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 5 , 8-8-89 5 average. The crime rate southwest and northwest of the project constitutes a serious problem. West of Arden and south of Highland the crime rate is 197 percent above the city average. Northwest of the site, the crime rate is 25 percent above the city average. The apartments located between Dumbarton and Guthrie are well known for drug problems. However, a liquor store and a restaurant selling beer and wine are located north of the apartments across Highland. Both Von's Grocery store and Thrifty Drug store, located to the west of the apartments, have off-sale licenses. Compatibility Historically it has been difficult to determine the compat- ibility of a proposed beer and wine outlet with the surrounding area. Guidelines can not be established for relative location because each location is unique. The General Plan addresses the retail sale of small items versus large items. There is no direct correlation between the location of an outlet and crime statistics. The number of outlets in a particular geographic area does not reflect the space allotted to the sale of liquor nor the amount of liquor sold. There is not a differentation between beer and wine sales versus hard liquor in the number of outlets allowed in one geographical area. The Planning Department makes recommendations based on an evaluation of all of these factors. Crime, location of other outlets, number of outlets within the census tract, and size of the outlet proposed are all weighted in making an analysis of the proposal. The Police Department's report notes high crime near the area, saturation of the census tract and proximity of other outlets as potential problems. They have submitted conditions of appoval limiting the sales of unit cans or bottles of beer, the size of wine containers and the alcoholic content, as well as the size of ice bags and the ,price. In addition, they suggest no game machines on the premises, as well as better lighting in the parking lot. These conditions have been added as conditions of approval to insure the proposed outlet does not become a police problem. I.. CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CtJP89-22 OBSERVATIONS AGENDA ITEM HEARING OATE PAGE c; A-:R_Rq Clearly, the service station serves a geographically broader market than the census tract. For example, in addition to Highland Avenue being a major east west arterial street for City traffic, traffic bound for Los Angeles from .the mountains would use the Arden Avenue entrance to the Cross- town Freeway. Presently, if a traveler wants ,beer along Highland he has two choices within 500 feet of the proposal. The city does not limit the number 'of mini markets. The crime rate for the police reporting district and 'the one south of the site are substantially below the city's average and two similar ou~lets already exist. The crime rate west of the proposal is -extremely high due to the drug , problem in the apartments. The apartments already have alcoholic outlets more conveniently located. The Municipal Code allows the sale of ,small retail items including food in the CG-l land use district. Therefore, the mini market would be permitted by right in the zone. However, the Code does require a Conditional Use Permit, when a service station is proposed for another use. The mini market as proposed would be compatible with the surrounding land uses. It would appear the sales of beer and wine, Conditions of Approval the Police Department be compatible with the surrounding area. Comments Received limited by the require, would The Police report is attached. The.Alcohol Beverage Control Board commented that although they were not in favor of the location, they had no specific problems with the application. All City Departments reviewed the project during the Develop- ment Review Committee meeting. Their Standard Requirements are attached. 8. CONCLUSION The proposal meets all Municipal Code requirements tor development in the CG-l, Commercial General-I, designated area. The Development Review Committee recommends approval of the site plan. The use is compatible with the surrounding area. CITY OF SAN RNARDINO PLANNIN DEPARTMENT CASE CUP89-22 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ~ 8-8-89 7 9. RECOMMENDATION staff recommends that the Planning Commission: Approve Conditional Use Permit No. 89-22 subject to the following Findings of Fact (Attachment B), Conditions of Approval (Attachment C), and Standard Requirements (Attach- ment D). Res,pectfullY SUb~it~ C:~.h/--- , ra L. Kilger Director of Planning ") /ra&! .j cJ-t2~ CZ I-- Vivian Ray Planner II ATTACHMENT A- Municipal Code and General Plan Conformance B- Findings of Fact C- Conditions of Approval D- Standard Requirements ~ ATl'1\CHMENl' "B" ,0 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT FINDINGS of FACT. CASE CUP89-7? 5 8-8-89 ts'. , AGENDA ITEM HEARING DATE PAGE 1. 'The proposed use conforms to the objective of the city's General Plan in that the proposal is for an addition to an allowed use under the guidelines established by the new General Plan. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in that which it is to be located in that it is compatible with the surrounding commercial uses and is located l68 feet from residential propoerty located on 23rd street. 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 not to the peace, health, safety and general welfare in that the site can accommodate the proposed change in use and satisfy all requirements for setbacks, landscaping, parking and access. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and adequate on-site parking is provided in that High- land Avenue has two traffic lanes in each direction and eleven parking spaces are provided. 5. The granting of the Conditional Use Permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the city of San Bernardino in that the proposal is for a commercial 'use in a commercial area. /nmg ,PCAGENDA:CUP89-22F 41 ATrACHMENl' IIC" o 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE I"IIPRQ-n CONDITIONS 'AGENDA ITEM HEARING DATE PA r:; R_R_RQ ., 1. No sales of single unit cans and or bottles of beer. 2. No wine shall be sold in containers less than 705 ml. 3. No wine shall be sold with an alcoholic content greater, than 15% by volume. 4. No ice shall be sold in less than 7lb bags at or below prevailing prices. , 5. No game machines shall be located within the premises. 6. No alcoholic beverages shall be consumed on any property adjacent to the licenses premises under control of the 'licensee. Post "No loitering" and "No drinking of alcoholic beverages" signs throughout the parking lot and the building and on the building (according to San Bernardino Municipal Code). 7. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and ,conduct of all persons on or about the parking lot. Such lighting plan shall be approved by the Police Department prior to Certificate of Occupancy. 8. Sign permits signs shall window. shall be obtained for all be limited to 30 percent signs. Window or less of the PCAGENDA:CUP89-22C JI. o 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT , CASE CUP89-22 CONDITIO-NS AGENDA ITEM HEARING DATE ~ STANDARD CONDITIONS 9 x lO x .11 x 12 x 13 x 14 x Minor amendments to the plan shall be subject to approval by the Director of Planning. An increase of more than lO percent of the square footage or a significant chanqe in the approved concept shall be subject to (Planning commission) (Development Review committee) review and approval. Construction shall be in substantial conformance with the plans approved by the Development Review Committee, Planning commission or Director of Planning. Four sets of Landscape Plans, along with the shall be submitted to the Enaineerina processing. No grading permits will be approval of landscape plans. At all times .the business will be operated in a manner which does not produce obnoxious noise, vibration, odor, dust, smoke, glare, or other nuisance. appropriate fee, Denartlllent for issued prior to Subject to the Conditions of the Department of Parks and Recreation (attached). In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, ind-.nify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his obligation under this condition. ~ sign program for the multi-tenant commercial/industrial center shall be approved by the Planning Department prior to issuance of Certificate of Occupancy. csj/8-3-88 DOC:PCAGENDA STNDCONDITIONS \.. '" .... CITY OF SAN BERNARDINO ST ANOARO' , REQUIREMENTS CASE CUPS9-?? AGENDA ITEM 5 HEARING DATE A-A-A9 PAGE 11 ..., COMMERCIAL. INDUSTRIAL ,- ~ ...,--.------ ---- ------ 1 x Conditional Use Permit 89-22 shall be in etfect for a period of 12 months from the date of approval. However, if no development has been initiated at the end of the 1,2 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: August 8, 1990. 2 x PARKING: a. This development shall be required to maintain a minimum of 11 standard off-street parking spaces. b. All parking and driving aisles shall be surfaced with two inches of AC over a suitable base or equivalent as approved by the City Engineer. Parking spaces shall'be striped and have wheel stops installed at least three feet from any building, wall, fence, property line, or walkway. c. Whenever an off-street parking area is adjacent to or across an alley from property zoned residential, a solid decorative wall six feet in height shall be erected and maintained along the property line so as to separate the parking area physically from the residentially zoned property provided such wall shall be three feet in height 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 height when located within ten feet of the street line. d. Whenever an off-street parking 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 height shall be erected and maintained along the street side of the lot not closer to the street than the required depth of the yard in the adjoining residential area. No fence or ~all located in the front setback shall obscure the required front setback landscaping. 3 x 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 along the front. The enclosure shall not be placed within the required front or street side yard \. I..' "y CITY OF S STANDARD REQUIREMENTS BERNARDINO CASE CUP89-22 AGENDA ITEM HEARING DATE PAGE 5 8-8-89 12 setback area. Exact location and to be determined by the Planning Public Services Superintendent. size of refuse enclosures Department and Division ., are of 4 x WALLS: a. Six-foot high solid decorative walls shall be required on the north x , south , east , and west or peripheral ==== property lines. (Only those markea--with "X" or check mark apply). 5 x LANDSCAPING: 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. b. 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). c. Four (4) copies of a landscape material specifications) shall Engineering Division for review and plan ,- (~ncluding plant be submitted to the approval. d. 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. e. 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 lib" and shall include at least one ~=ee for every five spaces or major fraction thereof. Measurements shall be computed from the inside of perimeter walls or setback lines. f. The required setback(s) from the north , south, x , east I west x property line Shill be densely landscaped with mature trees, shrubs, and groundcover. A -foot landscaped earthen berm shall be erected and maintained within the setback along the above indicated property line. "- I..' sky CITY OF SAN BERNARDINO REQUIREMENTS CUP89-22 STANDARD CASE AGENDA ITEM HEARING DATE PAGE 5 8-8-89 l3 .., a. ILLUMINATION: All lighting directed away right-of-way. fixtures in from adjacent the parking properties areas shall be and the public 6 y 7 x MECHANICAL EQUIPMENT: a. Air conditioning and vent ducts shall be directed away from any adjacent residential uses, and all sides of the building shall be free of any external vents and mechanical equipment including, but not limited to, conduits and ducts. b. All building-supported mechanical equipment (including roof equipment, ladders and air conditioning and vent ducts) shall be enclosed within the building's primary architectural elements; independent screening devices shall not be permitted. c. All ground-supported equipment such as transformers and air conditioners shall be located within the building and/or in underground vaults. d. All utility service shall be painted to they are located. boxes, connections and service lines match the building exterior on which e. All existing overhead utility services and wiring shall be relocated underground. f. All utility systems including gas, electric, telephone, water, sewer and Cable TV shall be provided for underground, 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. 8 ' x Com~liance with all recommendations of the Geology Report shall be r:quired (if applicable). Grading and revegetation shall be staged as required by the City Engineer in order to reduce the amount of bare soil exposed to precipitation. During construction, the around all or a portion of wind and debris damage to City Engineer may require a fence the periphery of the site to m~n~mlze adjacent properties. The type of \.. ~ I..' Illy III CITY OF SA STANDARD REQUIREMENTS BERNARDINO CASE CUP89-22 AGENDA ITEM HEARING DATE PAGE 5 8-8-89 14 ,. ..., fencing shall be approved by the city Engineer to assure , adequate project site maintenance, clean-up and dust control. 9 x Within 75 feet maximum height of feet unless the topographical or practical. No Certificate of Occupancy shall be issued prior to compliance with these Standard Requirements as well as all provisions of the San Bernardino Municipal Code. of any single-family residential district, the any building shall not exceed one story or 20 Commission determines that, due to unusual other features, such restrictive height is not lO x SIGNS: All signs shall be in conformance with San Bernardino Municipal Code Section 19.60. Four (4) copies of a plot plan and elevation of the sign drawn to scale shall be submitted to the Planning Department for review and approval prior to issuance of the sign pe~it from the Building and Safety Department. a. Monument-type signs shall not be located within the required setback for the zoning district in which the sign is located. The monument sign shall be located a minimum of 5 feet from the property line. If the monument sign is located within the setback, it shall not exceed an overall height of three (3) feet. b. All freestanding clearance between the sign. signs must have eight (8) feet of average ground level and the bottom of \.. ..... ,... .~ o CITY OF SAN BERNARDINO ST ANDARD REQUIREMENTS ,. "- o ""l CASE CUP89-22 AGENDA ITEM 5 HEARING DATE tl-tl-tl9 PAGE , l; .., , BUILDING AND SAFETY DEPARTMENT 11 x l2 x 13 x 14 x 15 x 16 x ll... Submit plans prepared by a Registered Architect or Civil or structural Engineer. Submit a complete lateral and structural analysis prepared by a Registered Civil or Structural Engineer or Architect. Submit State of California Title 24 Energy Calculation Forms for non-residential buildings including a signed compliance statement. Submit calculations and structural Registered Civil Structural Engineer following items: drawings, prepared or Architect, for by a the Submit floor plan of existing structure. Label all uses and existing materials of construction. Submit 'four complete sets of construction plans including: a. Copy of conditions. c. Energy Calculations. d. structural calculation. Submit a preliminary liquefaction analysis) do so. (soils) (geology) (soils and geology with report prepared by a person licensed to Submit a single line drawing of all equipment, conduit and wire service ground size and grounding the electrical service. Show sizes and types. Show the electrode. Submit panel schedule(s) and electrical plans. Permit required for demolition of existing building(s) on site. Submit a system. equipment plan of the heating, ventilating or air conditioning (Clearly identify the location and rating of the and the sizes and material of all ducts, registers and ~ I." ...., o - u r CASE CUP89-22 CITY OF SAN BERNARDINO REQUIREMENTS STANDARD ~ AGENDA ITEM HEARING DATE PAGE 6 8-8-89 H , ~ the location of all fire dampers). Show means of providing mechanical ventilation as required by the 1982 Uniform BUilding Code. 17 x Submit gas pipe loads, sizing calculations and isometrics. Provide a plot plan showing the location of the proposed sewer system. Submit a letter clearly indicating the intended use of all areas of the building. List the materials to be used and the projects produced giving the amount of each kept in the building. If the building is used for more than one purpose, list all other uses. l8 x Submit isometric plans of the cold and hot water and drain-waste and vent systems. 19 x Show compliance with Title 24 for the physically handicapped in the following: 20 x Submit plans approved by the County Health Department. 21 x 22 x -- 23 x 24 x -- 25 x 26 x ~ Indicate methods of compliance for sound attenuation (exterior, interior party walls, floor/ceiling assembly, ceiling) as per study, U.B.C., local or State Law. Show compliance with requirements of high fire areas. For structures located within high wind areas: a. Design structure, including roof covering, using 20 p.s.f. wind load. City of San Bernardino named as certificate holder for Worker's Compensation Insurance. Assessor's Parcel Number. 285-74l-01 Contractor's City license. Contractor's State license. Sewer capacity rights from Water Department, 384-5093, Neil Thomsen. School fees from Unified School District, 381-1179. ~ I." Illy , o CITY OF SAN BERNARDINO STANDARD REQUIREMENTS .... u CASE CUP89-22 '" " AGENDA ITEM HEARING DATE PAGE 5 8-8-8Q 17 """ other: 27 x DEPOSIT: $200 Plan check csj/8-3-88 DOC:PCAGENDA DOCUMENTS. 2 l ~ I." Uy o - u ,. CASE CUP89-22 CITY OF SAN BERNARDINO ST ANDARD REQUIREMENTS '" , 28 x 29 ~ 30 --1L 3l x 32 x 33 x 34 l.2L- ~A't 14 AGENDA ITEM HEARING DATE PAGE 5 8-8-89 1R ..... POLICE DEPARTMENT REQUIREMENTS SECURITY LI GHTI NG Lighting levels on the exterior of building is to provide a nrinimum of one (1) foot candle of "maintained" illumination on the parking surface from dusk until the ternrination of business each operating day. All exteri or doors to bull di ng shall be equi pped wi th an ill unri nati on device capable of providing a minimum of one (1) foot candle of maintained illumination at ground level during hours of darkness. All exterior lighting devices are to be inaccessible to common reach or climbing shall be protected by weather and vandalism-resistant and be valdal resistant. All exterior lighting shall be projected so as not to cast light onto adjoining properties. All roof openings giving access to the building shall be secured with either iron bars, metal gates, stamped metal or shall be alarmed and me~t with approval of the Police Department. Interior night lighting shall be maintained in those areas that are visible from the street (ground floor only). DOORS, LOCKS, AND WI NDOWS Swinging exteri'!)r glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: a. Wood doors shall be of solid core construction with a minimum thickness of 1 3/4 inches. b. Hollow metal doors shall be constructed of a minimum equivalent to six- teen U. S. guage steel and have sufficient reenforcement to maintain the designed thickness of the door when any locking device is installed such as reenforcement being able to restrict collapsing of the door around the locking device. c. Except when double cylinder dead bolts are utilized, any glazing uti- 1; zed within 40' of any door locking mechanism shall be constructed or protected as follows: Fully tempered glass or rated burglary resistant gl azi ng or iron or steel gri 11s of at least 1/8" metal wi th the maximum 2" mesh secured- on the i nsi de of the gl azi ng may be utili zed or the gl azi ng shall be covered with i ran or steel bars of at least 1/2" round or 1" x 1/4" fl at metal, space not more than 5" apart and secured on the inside of the glazing. All swinging exterior wood and steel doors shall be equipped as follows: ~ 1.11. 1'00.. C '001 I OF .5 o o , CUP89-22 STANDARD ... CITY OF SAN BERNARDINO ~ CASE AGENDA ITEM HEARING DATE PAGE REQUIREMENTS <; R-R-Rq 19 ~ ~ 35 -1L 36 x 37 x a. A single or double door shall be equipped with a double or single cylinder dead bolt. The bolt shall have a minimUII projection of 1" and be constructed so as to repel cutting tool attack. b. The dead bolt shall have an embedment of at least 3/4" into the strike receiving the projected bolt. The Cylinder shall have a cylinder guard, a minimum of five pin tumblers and shall be connected to the inner portion of the lock by connecting screws of at least 1/4" in diameter. The re,ofimendation does not apply when panic hardware is required or an equivalent device is approved by the Building Code. Double doors shall be equipped as follows: a. The active leaf of double doors shall be equipped with metal flush bolts having a minimum embedment of 5/8" into the head and threshhold of the door frame. Double doors shall have an astragal constructed of steel, a minimum of .125" thick which will cover the opening between the doors. Th,i s astraga 1 shall be a mi ni mum of 2" wi de and extended a minimum of 1" beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with nonremovable bolts spaced apart on not more than 10" centers. Hi nges for outswi ngi ng doors shall be eqlli pped wi th nonremo- vable hinge pins or a mechanical inner lock to preclude removal of the door from the exterior by removing the hinge pins. Strike plates shall be a mi ni mum of 3*" in 1 ength and secured to the jamb wi th screws a mi ni mum of 2t" in 1 ength. Wi ndows: a. All moveable windows shall be equipped with a locking device and shall be constructed in a fashion to restrict them from being lifted out of its track when in closed position. Garage type doors; rolling overhead, solid overhead, swinging, sliding or accordion style. a. The above-described doors shall conform to the following standards: (1) Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in thickness with the locking hardware being attached to the support framing. (2) Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. ~ j MAY 84 ..It. FORM e _201'1& o - u ~ CITY OF SAN BERNARDINO CASE CUP 89-22 STANDARD REQUIREMENTS Iltt.. ~ 3 8 -X...- Iltt.. AGENDA ITEM HEARING DATE PAGE 5 8-8-89 20 ~ ~ ~ SJt FO... C 'AGE 5 OF IS MAY '14 (3) Fiberglass doors shall have panels a minimum density of six (6) ounces per square foot from the bottom of the door to a height of seven (7) feet and panels in residential structures shall have a density of not less than five (5) ounces per square foot. b. Where sliding or accordion doors are utilized, they shall be equipped with guide tracks which shall be designed so that the door cannot be removed from the track when in the closed and locked position. c. Doors that exceed sixteen (16) feet in width shall have two (2) lock receiving points; or, if the door does not exceed nineteen (19) feet, a single bolt may be used if placed in the center of the door with the locking point located either in the floor or door frame header. d. Overhead doors shall be equipped with slide bolts which shall be capable of utilizing padlocks with a minimum nine-thirty-seconds (9/32) inch shackle. (1) Slide bolt assemblies shall have a frame a minimum of .120 inches in thickness, a bolt diameter a minimum of one-half (1) inch and protrude at least one and one-half (11) inches into the receiving guide. A bolt diameter of three-eights (3/8) inch may be used in a residential building. (2) Slide bolt assemblies shall be attached to the door with bolts which are nonremovable from the exterior. Rivets shall not be used to attach such assemblies. e. Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle a minimum of nine-thirty-seconds (9/32) inch in diameter with heel and toe locking and a minimum five (5) pin tumbler operation. The key shall be nonremovable when in an unlocked operation. f. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the bolt or locking bar extending into the receiving guide a minimum of one inch. OTHER REQUIREMENTS Roof top address numbers shall be provided. They shall be a minimum of three (3) feet in length and two (2) feet in width and of contrasting color to background. Numbers shall be placed parallel to street address as ass i gned. At the entrances of complex, an illuminated map or directory of project shall be erected with valdal-resistant cover. The directory shall not to contain names of tenants but only address numbers, street names, and their locations in the complex. North shall be at the top and so indicated. ....... - u 10....,/ , CITY OF SAN BERNARDINO .., CASE CUP89-22 AGENDA ITEM 5 HEARING DATE R-R-Rll PAGE 21 ~ STANDARD REQUIREMENTS '" ,. .., 39 _L 40 _-X- 41 x 42 x l MAY '84 Each building in the complex shall display street address numbers placed in a prominent location as near the street as practical. Numbers shall be a mi ni mum of six (6) inches in hei ght and a contrasti ng color to the background. All individual offices and buildings within the complex shall be clearly identified by numbers, letters, or a combination thereof. The exterior business walls shall be posted with Municipal Code Section 9.52.070 relative to trespass. The interior cashier/sales counter shall be located so it is visible from the building exterior. The floor area inside the counter shall be elevated a minimum of six (6) inches above the floor of the business. Access Controls An access control override device shall be provided for use by Police Oepartment personnel to gain immediate access. Common walls shall be as sound proof as possible. Lockable cold beverage (beer) cases shall be locked at 2:00 a.m. A pre-set gas monitoring system that allows for prepayment of gasoline shall be installed to reduce petty theft attempts. A photo-electric beam across entry door which will audibly notify or ring when customers enter the store shall be installed. Ice machines shall not be installed in front of store windows. Utilization of outside intercom speakers is prohibited. The placement of outside public telephones shall be restricted to an area i mmedi ate1y adjacent to the front door of the store. There shall be a minimum of twenty (20) foot candles of illumination per square foot of surface area adjacent to gas pumps. Any display of light should take into account adequate positioning of fix- tures in order th at "stray" 1 i ght does not affect adjoi ni ng property owners. Perimeter fencing or cross fencing to prevent criminal movement or acti- vity shall be installed. Reflective wall-mounted mirrors shall be installed to discourage Shoplifting. The placement of machinery (compressor equipment) shall be away from resi- denti a 1 areas to abate the i ntensi ty of noi se. ~ U. 'ORM C 'AI( . Of " 43 x 44 x ,", '-' - u CUP89-22 Aqenda Item Page 22 Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least twnety-five one hundredths (.25) footcandles at the ground level during'the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. #5 Open parking lots and carports shall be provided with a n.ain- tained minimum of one (l) footcandle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. - CITY OF SAN BERNARDINO PUBLIC WORKI/IIIGR. CASE CUP89-22 STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE ~ 5 8-8-89 23 , P;:~}~ct Description: CtJ~z..;:f CcN~fJ,/J~~$r. .::>ef(J/lcG S7J171ol1 7f) I'1IM -_ __-+r HR: _G/fLANl)__ Da te; 7'-I2-~ Prepared By: I'k6- Revi e\~ed By: Page -L- of I pages - , Applicable Engineering Fees:~ Plan check fee for Final/Parcel Map. Plan check and inspection fees for off-site improvements. Plan check and inspection fees for on-site improvements (except buildings; see Building and Safety). Plan check and inspection fees for grading (if permit required). Bridge improvement fee in amount of $ Drainage fee. Exact amount of fee shall be determined by Department of Building and Safety at time of application for building permit. Landscape Plan Revie~ Fee $ 65.00 l:.J5s 45 )( Traffic System Fee of $ . per vehicle trip for City-wide traffic mitigation. The total amount of the Traffic System Fee shall be determined by the City Traffic El1.gineer at time of application for building permit. (Jte.I/t)ll77~-r~P;. Street Light Energy Fee to pay cost of street light energy for a period of 4 years. Exact amount to be determined prior to map recording. A Landscape Maintenance District shall be implemented to maintain landscaping within the follouing areas: ;if. Pees /t12E SI./!1J€C-T To CH/tNGl? wlr/tOvr NOllc&. _n---O _ - o CITY OF SAN BERNARDINO o CASE CUP89-22 STANDARD REQUIREMENTS S 8-8-89 -'4 AGENDA ITEM HEARING ~J ,46 x Street trees on Highland and Arden shall be Liquidamber "Burgandy" 19" box 40' O.C. 47 x Landscape setback planters with dense planting of 5 and l5 gallon shurbs. Space ground cover 10. O.C.. \. , ~ ~ . ' iii ..<1. o ATTACHMENT "E" CUP89-22 POLICS CONCBRNS Agenda #5 Page25 APPLICATION FOR CONDITIONAL USE PERMITS FOR ALCOHOL BEVERAGE LICENSES -0 ,- LOCA'1'IONI 2402 E. Highlan Avenue Conditional Use Permit No. Return to Planning by, 3-l0-89 I. Reporting District 1150 Previous Year Crime 57 RID Average -66% Part II Arrests 5 Part I Crimes 52 Person 8 Property 44 Previous 90 days Part I Crimes Person Property II. Census Track 74.0l Alcohol Related 4 80 (%) Part II Arrests Alcohol Related (%) Census Count 4.475 Boundaries Highland Ave. east from Sterling to Victoria, north to the east-west nortnern Dounaary or patton ~tate HospJ.ta.L. east to Orange St., south to Highland. east to Boulder. northeast to Mountain ~~~~~!~ii:'ff~~:lg;~~efff~~~li8~E~af6,Jfgi~\ii~iie. no:.n~:d~:~ J.n:~an Location ~ City Off-Sale Privileges 2383 Sterling 47 yes 2120 E. Highland 41 yes 2566 E. Highland 41 yes 222 E. Highland 47 yes , 0 0 ~Y~~92F .. w Off-Sale Licenses 8 a 11o_d 5 existing 8 pending 1 Location !I.e! City 2384 N. Arden 20 yes 2540 E. Highland 20 ~- 26492 E. Highland 2l yes 2028 E. Highland 21 yes 2130 E. Highland 21 yes 2238 E. Highland 2l yes 3588 E. Highland 20 yes 2380 N. Sterling 21 yes Palm and Hiqhland (pendinQ) 21 y~~ III. General Vicinity Distance to nearest: Distance School Emmerton Elementary l888 N. ARden San Gorgonio High School .2 mile .8 mile Church Foothills Presbyterian Church J.lUU E. Pumalo .3 mile Parks Rick Speicher Memorial Park .8 mile On-Sale License Maria's Cafe Italiano. 2222 E. Highland .3 mile Tow Guys Italian Restaurant. 2566 E. Highland .2 mile Off-Sale License PD~ Mini Mart. '540 ~ ~;ghl~nn 2 Alilo 7-11 Market. 2384 N._ArdAn 1 ",jle . 0 0 . o. CUP89-22 Page 27 Residential Uses. Distance of parking lot to residence' Distance 26111 23rd Street l68' Distance of building to residence 26lll 23rd Street l68' IV. Comments from residents: 26lll 23rd Street, S.J. Ferrin - no opposition 26125 23rd Street. DEBBIE SANDERS, opposed due to existinQ problem of drinking at Bakers and noise. 6409 Arden. WILLIAM CREECH. opposed due to existinQ problem of minors drinking on 23rd a~d Arden and due to area V. Comments from Police Department. saturat~on Area is saturated with existing on and off sale ABC licenses. Ill..i..ol:I UIt:W ll....t:::u:.\:j~ .111 cdd, LV t:x15\.ing pOJ..ice, proo~ems J.n '[fie area. New license will not be a matter of public convenience. VI. Police Department recommendation. . z ...~..".... uul;;?! . ignat=. ;t/j,7/r f Date signed , o C'ITY OF SAN BERNARDINO o CUP89-22 MEMORANDUM - To DET. R. SPINDLER Subject APPLICATION TYPE 20 A.B.C. LICENSE TEXACO SERVICE STATION, 2402 E. HGIHLAND From LT. D. LEVAN COMMANDER, AREA F 2-23-B9 Date Approved Date As previously stated, in my judgement there are sufficient establishments in both the City and County areas surrounding the location of the Texaco Service Station for the off sale of beer and wine. There is a 7-11 store located within one block to the north on Arden Avenue; a liquor store one block west at Highland and Guthrie; another liquor store two blocks east at Highland and Valaria; and another liquor store one block east at Highland and Eucalyptus. A Baker's Drive-In restaurant is located across the street (to the west) and it is and it continues to be a popular location for loitering juveniles creating ongoing police problems. I feel the presence of off sale beer and wine in such close proximity to this ongoing police problem would ~ially increase the problem. The area across the street from the Texaco Station (to the south) is a known high crime rate area with a high level of drug, gang and transient activity. Again, I feel that adding another establishment to sell wine and beer in this area would add to the existing problem. ...... -. ---- 1....:'.1.11'. . J~. I Li"." l- ..... " 1I. - - --" . -.. I J -. . '\. if' -,. , . . -.. - I .~.. . J P;:;::.:: ./ '.1........'........, ~., ,'r...J;'" ..... _ ;.... ---" o CITY OF SAN BERNARDINO .' . o CUP89-22 MEMORANDUM Page29 - To DONALD J. BURNETT. CHIEF OF POLICE Su~ect ABC INVESTIGATION From DET. R. SPINDLER Date 2-27-89 Approved Date APPLICANT: NIMEH. SEMAN ADEEB DBA: Highland Texaco 2402 E. Highland Avenue. San Bernardino 92404 On 2-10-89 I received an application for a new Type 20 (off-sale beer/ wine) ABC license. The name of the applicant is SEMAN ADEEB NIMEH of the Highland Texaco. 2402 East Highland Avenue. 2402 East Highland is located in Reporting District 1150. The previous year crime ( 1987) was 57. Reporting District 1150 had a -66% crime. For 1987 there were a total of 52 Part I crimes. eight of which were person crimes and 44 were property crimes. There were five Part II arrests. four of which were alcohol related for an 80% alcohol related Part II arrests. The previous 90 day'stats are not available. 2402 East Highland is located within Census Track 74.01 which had a census count of 4.475. Census Track 74.01 is allowed six on-sale licenses and there are four existing. There are no pending licenses for this census track. Census Track 74.01 allows for five off-sale licenses and there are eight existing. There is one license pending. 2402 East Highland is located 2/10 of a mile from Emmerton Elementary School. 1888 N. Arden and 8/10 of a mile from San Gorgonio High School. Pacific and Arden. It is located 3/10 of a mile from Foothills Presby- tarian Church in the 2200 block of East Pumalo. It is located 8/10 of a mile from the Rick Speicher Memorial Park. Pacific and Arden. The nearest on-sale licensed premises are Maria's Cafe Italiano. 2222 E. Highland Avenue. This restaurant is located 3/10 of a mile from the proposed site. Another on-sale licensed location is Two Guys Italian Restaurant. 2566 E. Highland. This is located 2/10 of a mile from the proposed site. There are several off-sale licensed premises near the proposed si te. The PDQ Mini Mart. 2540 E. Highland is 2/10 of a mile from the proposed site. There is a 7-11 Market located at 2384 N. Arden which is 1/10 of a mile from the proposed site. Ken's Liquor is located approximately 3/10 of a mile from the proposed site and Fiesta Liquor is located within one block of the proposed site. There is a residential area located north of the proposed site. The nearest residence is approximately 168' away and is 26111 23rd Street. During the course of this investi- gation I contacted three residents in the immediate area. The first resident I contacted was S.J. FERRIN. 26111 23rd Street. Mr. FERRIN informed me that he had no opposition to the new license. pr;:x .I ~" Fy....,~~~Sc. I;, -nvUht: .;;> ~" _ l"....~/, ~ o o CUP89-.22 Page 30 CHIEF DONALD J. BURNETT ABC INVESTIGATION PAGE 2 At 26125 23rd Street I contacted DEBBIE SANDERS. She told me that she is opposed to the new license as she believes it will add to the existing problems of minors drinking alcoholic beverages and making noise at the Bakers Drive-Thru located on the northwest corner of Highland and Arden. I contacted WILLIAM CREECH. 6409 North Arden. Mr. CREECH told me that he was opposed to the new license due to the existing problems of minors consuming alcoholic beverages on 23rd Street and' on Ogden Streets. ,He is also opposed to the new license because he believes there are too many liquor licenses in the area already. I attempted contact with the resident at 26126 East 23rd Street, and no one was home. Census Track 62 borders Census Track 74.01 on the west side. Census Track 62 allows for eight on- sale licenses and there are 29 existing. Census Track 62 allows for six off-sale licensed locations and there are 11 existing. Census Track 74.02 borders Census Track 74.01 on the south. Census Track 74.02 allows for five on-sale locations and there are five existing. Census Track 74.02 allows for four off-sale licensed locations and there are seven existing. Census Track 63 borders Census Track 74.01 on the southwest side. Census Track 63 allows for six on- sale licenses and there are 13 existing. Census Track 63 allows for five off-sale licenses and there are six existing. Census Track 62 is located in Reporting District 1120 which is +25% above the average in crime for a reporting district. Census Track 74.02 is located in Reporting District 1350 which is -75% average in crime for a reporting district. Census Track 63 is located in Reporting District 1430 which is +197% above the average in crime for a reporting district. On 2-23-89 I received a memorandum from Lt. D. LEVAN who is the area commander for Area 'F'. 2402 East Highland is located within Area 'F'. Lt. LEVAN believes there are sufficient establishments in both the city and county areas surrounding the proposed location for the off-sale of beer and wine. He points out that there is a 7-11 store located within one block to the north on Arden. a liquor store one block west at Highland and Guthrie. another liquor store two blocks east at Highland and Valeria and another liquor store one block east at Highland and Eucalyptus. Lt. LEVAN points out that a Bakers Drive-Thru restaurant is located on the northwest corner of Highland and Arden and directly across the street from the proposed site. Lt. LEVAN says that Bakers Drive Thru continues to be a popular location for loitering juveni'les who create ongoing police problems. Lt. LEVAN feeis that the presence of an off-sale beer and wine license at 2402 East Highland would potentially increase the already existing problem at Bakers Drive-Thru. Lt. LEVAN points out that the area south of the Texaco Station is a known high crime area with a high level of " o o CUP89-22 Page 31 CHIEF DONALD J. BURNETT ABC INVESTIGATION PAGE 3 During my interview with Mr. NIMEH I explained to him the police concerns. Mr. NIMEH told me that he had talked to Sharon at ABC and she told him that of some 60 letters sent to area residence only one was opposing the new license. He further informed me that he thought his business at 2402 E. Highland would greatly enhance public convenience. I informed Mr. NIMEH that his new license would be protested and if it was eventually granted. conditions would be sought for the license. Mr. NIMEH informed me that he had no objections to any conditions on the license. He said he would appeal the police department's protest of this matter. The granting of this new license would increase the license count within the census track which is already above the number allowed. The area encompassing both city and county is heavily saturated with ABC licenses, several of which are within short walking distance of the proposed site. Due to the large number of existing licenses in the immediate vicinity of the proposed site. public convenience could not be argued as a reason for the granting of his new license. The adding of this new license would certainly enhance the already existing police problems in the area. If the conditional use permit is granted, the following suggested conditions should be considered as the conditions would certainly reduce the expected additional police problems at this site. 1. No sales of single unit cans and/or bottles of beer. 2. No wine shall be sold in containers less than 705 ml. o o CUP89-22 Page 32 CHIEF DONALD J. BURNETT ABC INVESTIGATION PAGE 4 3. No wine shall be sold with an alcoholic content greated than 15% by volume. 4. No ice shall be sold in less than 7 lb. bags at or below prevailing prices. 5. No game machines shall be located within the premises. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensee. Post "no loitering" and "no drinking of alcoholic beverage" signs throughout the parking lot and on the building (according to San Bernardino Municipal Code.) 7. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable the p earance and conduct of all persons on or about the parking lot. itted: - o ATTACHMENT "E" .0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT "" AGENDA ITEM # LOCATION CASE CUP89-22 HEARING DATE 8-8-89 5 .... ..oil 5,.0 I z i: - I ~ i ~ . . .....IPolice Crime Reporting Districts ATTACHMENT "F" ; I i. I : I " . ~:, '. . ...... . I.. ;!,~. , . . ; ,"I,"'" ..~ .. ' "~~ . . ~:'.' . :r1: ...., .,;'~' '.' .~; ~.. "'i' . " '. , . . .... I " ! .f 1-- ! _, 1 . .:. """ r r r..a t ,t ~\'~ ~ ~ . .: I t- o 0 ... . : . . . 1 : 0 '+ II II.~ . . . t ~ I . I . - ; . 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