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HomeMy WebLinkAbout50-Planning o o c o o BERN ARDIN 0 POST OFFICE BOX 131B. SAN BERNARDINO. CALIFORNIA B2402 SHAUNA CLARK CITY CLERK City Lites 324 West Highland Avenue San Bernardino, CA 92405 Gentlemen: April 7, 1987 At the meeting of the Mayor and Common Council held on April 6, 1987. your appeal of the Planning Commission's denial of Conditional Use Permit No. 87-6. to allow the sale of alcoholic beverages for on-site consumption in the C-3 General Commercial Zone located on the north side of Highland Avenue, between "D" Street and Arrowhead Avenue, was continued. The appeal hearing walL-continued to May 11.1987. at 2:00 P.m." in the Council Chambers of City Hall. 300 North "D" Street, San Bernardino, California. SC:dc cc: Mayor Wilcox Councilman Quiel City Administrator Planning Police David and Carol Paddock Ron Grove Q.J.>.'; ~=QfDE iN P~..,c!PESS Sincerely, .. .. .",~ ~UNA CLARK City Clerk 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA B2418.o121 PHONE (714) 383.5002/383-5102 37), , . _^- . ~r.. CIT,-uF SAN BERNARDINO - REQUEO FOR COUNCIL AC'FJNl,/. David Anderson From: Acting Planning Director Appeal of Conditional Use '~~:C'D.-~mN. OFF.~rmit No. 87-6 :::7 ~nR 26 tlH II: ~y<;>r and Council Meeting of ~r11 6, 1987, 2:00 p.m. Dept: . Planning Da~: March 26, 1987 Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on March 17, 1987, the following action was taken: The application for Condition~l Use Permit No. 87-6 was denied based upon findings of fact contained in the staff report dated March 17, 1987. The Negative Declaration for environmental impact was also denied. Vote: 6-1 Recommended motion: That the hearing on the appeal be closed and the decision of the Planning Commission be affirmed, modified or rejected. cJ d/" Signature David Anderson Contact person: David Anderson Phone: 383-5057 Supporting tlata attached: Staff Report Ward: 5 FUNDING REQUIREMENTS: Amount: -- Source: Finance: Council Notes: Aoenda Item No._ ~ o o o ERN ARD IN 0 300 NORTH NO" STREET. SAN BERNARDINO. CALIFORNIA 92418 EVLYN WILCOX MIIyor MemlMfl of the Common Council Elt"" EsttHa. . . . . . . . . . . . . First Ward Jack Aellly.. ...... ..... . SecorMI Ward Ralph Hernandu . . . . . . . . . . . TtUrcl Wa" St.".M.,ks....... . .... . FourU,Warcl Gorclon Qu'" . . . . . . . . . . . . . Fltt" W.rd Dan Frazier. . . . . . . . . . . . . . Sixth Ward Jack St,lckl., . . . . . . . . . . . .5eftnttt Werd March 20, 1987 City Lites 324 West Highland Avenue San Bernardino, CA 92405 Dear Sir or Madame: At the meeting of the Planning Commission on March 17, 1987, the following action was taken: The application for Conditional Use Permit No. 87-6, to permit the sale of alcoholic beverages for on-site consump- tion in the C-3 General Commercial zone on an irregularly- shaped parcel of land consisting of approximately 3,650 square feet located at 324 West Highland Avenue, was denied based upon findings of fact contained in the staff report dated March 17, 1987. According to the San Bernardino Municipal Code, Section 19.78.070., the following applies to the filing of a condi- tional use permit: WThe decision of the Commission shall be final unless appeal- ed in writing to the Mayor and Common Council. The written appeal shall be submitted to the office of the' City Clerk within ten days from the date of the Commission's decision. The Common Council, after receipt of the appeal, shall conduct a public hearing and may either approve, modify or reject the decision of the Planning Commission.- .J .,t ... .., . ':1 ., '-'1."- ""'FSS j" ., ' . .,.. . ~ '." .. .. . ~ ." . ., ....J...t-.rf . . ',",tof" [' o il o City Lites March 20, 1987 Page 2 o o If no appeal is filed pursuant to the previously mentioned provisions of the San Bernardino Municipal Cqde, the action of the Commission shall be final. Sincerely, ~-/~ DAVID ANDERSON Acting Planning Director mkf cc: Building and Safety Dept. Engineering Division David and Carol Paddock 23291 Camiteito Andreta Laguna Hills, CA 92653 o o Appeal C.U.P. 1187-60 o . 011 /iJa;f/;t '1J>~ In appealing the decision of the City Planning commissioh! the conditional use permit is conditional on the requirements for parking being met. If, at any time, the parking were to become insufficent to suffice, the city could simply revoke the permit. We still feel that the findings of the planning staff and the subsequent denial were based on erroneous information. The citizen's complaints read into the record afte~ the public discussions were closed, should be addressed in their proper light. Mr. Skinner and his relatives; i.e. mother-in-law, sister-in-law, etc.; are upset about red curbing done by the city to accomodate the business community. We believe Mr. Skinner and his relatives would protest any change requested by the business community; good or bad. For example, he still parks his boat and four-wheel drive vehicle in the front yard of his mother-in-law's in protest to the red curbing. Once again, we must reiterate, that we are trying to improve the cocktail lounge operation and the neighborhood as a whole. A conditional use permit issued to us with it's accompanying provisions to be adhered to for compliance, would be a plus for the city, the business community, and the citizens. David & Carol Paddock and Ron Grove tX 3~ Y/ ('~/.<I/ m /lA-.'74.=7R ~&'</".1/9 /,/LtS" e.4 <?d~~;3 7p/ '7'5"'5>- 959'1 \ ~/e /esL'eC'/.J;/4 #c,,~s/. /_/", 4,' /"" '/ 4- ;or V i7 . rJ?t. L" ry ("C,t-/:"' ~I' / e-/ :J;0/?r- TIe &d.-1-N;;/ ~se /P//~'oL #.r?-&; 04<<.4/ -he a /-4t'ke/ Sh~c:',Js .1'(.../1// Sftt7U/4:r~. 7\" ')\ ('\ t:- o o o o To: San Bernardino Planning Department Re: Conditional Use Permit No. 87-6 City Lites The conditional use permit: is it a tool for progress in the business community or is it a weapon to be used for the destruction of the small businessman? Does the City of San Bernardino really wish the north side to become a ghost town, where right now at least every three storefronts are empty; or is it their desire to convert it all into another major shopping center? Does the small business owner have a chance to make it in this town, or are we going to turn everything over to the big developers and major corporations? To address the questions posed by the summary sheet done by the Planning Department, it is necessary to examine each point raised. 1. The biggest problem raised by the planning department's observations in paragraphs two through six is inadequate parking. The solution to this issue as proposed by us is to sign agreements for parking usage with our neighbors. The planning department has seen fit to disqualify those agreements as inadequate based on erronrous assumptions on their part. First of all, if you look at the thirty two spaces to the rear of the building, they claim these are being used by the adjacent businesses. The fact of the matter is there is only one such business open and operating; a beauty salon. All of the other stores are vacant. The issue of the hours of operation is also a fallacy, as the beauty salon's main hours of operation are from 9:00 A.M. til 4:00 P.M. basically Thursday, Friday and Saturday. Also, the parking to the north of the beauty salon, which she has the use of constitute another thirty tive spaces; and those buildings are vacant. Then we have the fact .that there are twenty-eight on street parking spaces west of Arrowhead on Highland, and eighteen on street spaces east of Arrowhead on Highland which were never taken into account by planning. There are also fifteen on street spaces south of Highland on Arrowhead, and four on street spaces north of Highland on Arrowhead. Each of these counts are for a one block radius of the subject location. The issue raised of the safety factor in the use of parking facilities which would require patrons to cross the streets is ludicrous. The corner of Highland and Arrowhead is a protected cross walk with stop lights for both directions. -~"- o o o o 2. The final issue of the three businesses directly west of our location has no bearing on the parking facilities we have provided through agreements. There has never been a problem between this location and theirs in regards to parking for the thirty some years it was a cocktail lounge in the past. Why are we to assume that there will be problems now? 2. The planning departments' report has also capitalized on the hours of operation for our location coinciding with other businesses in the area. The facts in this matter are that the two banks are open from 10:00 A.M. til 3:00 P.M., the beauty salon is open from 9:00 A.M. til 4:00 P.M., the Flowerloft and the Thrift Store are open from 9:00 A.M. til 5:00 P.M. We believe it can be easily seen that the major hours of operation for our business will be after 5:00 P.M. and not conflict with the daytime business of the other merchants. The real truth of this whole matter is that the north end of town becomes a ghost town after five or so. What smarter business use could there be, in light of the above, than a business which basically operates in the evening? 3. Paragraphs seven and eight of the observations by the planning department pertain to a polic_department canvas of the surrounding area. It is most interesting to note that the police only contacted eleven people, and that the questions asked pertained to the reopening of Your Place, rather than the opening of a new cocktail lounge and restaurant frequented by all adults. By the polices own admission the protests of seven people were directed at the teenage usage of the premises, not at an establishment catering to adults. The other issue raised by the police consists of the fact that there is a crime rate of over 22% above average for this district. The first question one must ask about this situation is are we, the property and business owners to be penalized for the police departments' failure to control crime. The second question which comes to mind is whether the police department, by their comments, are saying that allot the middle class customers who frequent a nice restaurant and lounge are all criminals. Is that why they are assuming the crime rate will increase, because we are opening? In summary, the department feels that later hours and the serving of alcohol will create other problems. This location has been a cocktail lounge for the past 30 some years. Can the police substantiate with hard facts and statistics any problems that were created by this location in the past, or is it only the hysteria generated by the police department with no substantiated causes for complaint against the continued use of the premises as a cocktail lounge and restaurant for which it was designed. o o o 3. o 4. The absurd idea of a retail use for this location is totally inconsistent with the problems now encountered by another nine-to-five operation. It would not alleviate in the least the parking problems highlighted by this depart- ments reports. Our request for a conditional use permit to establish a cocktail lounge and restaurant at a pre-existing licensed location should be approved because: 1. We are not creating a new parking problem as there was adequate parking in the past for a primarily night time operation. 2. We have, in fact, secured additional private parking for our adult patrons. 3. The provisions for traffic circulation and safety were adequate in the past and should remain so. 4. With proper police protection, our operation will certainly not add to the existing crime rate problem; in fact it should alleviate some of. the prior complaints about the teenagers congregating in the parking areas of alleyways. 5. The granting of the conditional use permit to serve alcoholic beverages at this location would not be detrimental to the community as a whole, but would rather enhance and upgrade the community by eliminating the teenagers and catering to a more mature and affluent patron. ~ CiTY OF SAN BERNARDINO PLANNING SUMMARY , o ... 11.1 B o o DEPARTMENT "" o AGENDA ITEM HEARING DATE WARD 4 3/17/87 5 ~ APPLICANT: y es 324 W. Highland San Bdno., CA 92405 David & Carol Paddock 23291 Camiteito Andreta Laguna Hills, CA 92653 Conditional Use Permit Ho. 87-6 OWNER: ~ :::) CJ .., a: ..... 4 11.1 ~ The applicant requests approval under Section 19.26.020 (B.7) to allow the sale of alcoholic beverages for on site consumption and also requests, under Section 19.28.020 (C.10) to allow dancing at an existing restaurant which is currently closed. The subject site is located in the C-3, General Commercial zone on the north side of Highland Avenue, between "D" Street and Arrowhead Avenue. PROPERTY :subject North Sou tn East West EXISTING LAND USE ZONING ~losea Keca~l ~ Prkg. & Multi~Fam.Res. "T" Commercial C-3 Retail C-3 Retail C-3 GENERAL PLAN Gene~~G~~Ntclal Res. 15-36 du/ac General Commercial General Commercial General Commercial GEOLOGIC I SEISMIC DYES FLOOO HAZARO DyES OZONE A ( lXI YES ) HAZARO ZONE lXI NO ZONE 10 NO OZONE B SEWERS ONO HIGH FIRE DYES AIRPORT NOISE I DYES REDEVELOPMENT lID YES HAZARD ZONE '*' NO CRASH ZONE ElNO PRO~ECT AREA ONO ~ o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL APPL I CABLE EFFECTS 0 WITH MITIGATING - 0 zen MEASURES NO E.I.R. tc CONDITIONS 11.1(1) o EXEMPT o E.I.R. REQUIRED BUT NO II.C l2!I 2Z II.~ DENIAL Z- SIGN IFICANT EFFECTS OC ~a a:Z WITH MITIGATING 0 CONTINUANCE TO MEASURES cna :;ii: ONO 0 Z o SIGNIFICANT EFFECTS () 1&.1 SIGNIFICANT SEE ATTACHEO E.R. C. 11.1 EFFECTS MINUTES a: NOV. "" RIVIIIO ~ULY III. IKY , o , 000 CITY OF SAN BERNARD1NO PLANNING DEPARTMENT CASE CliP NO !l7-F. OBSERVATIONS 4 'l/17/!l7 ? \c AGENDA ITEM HEARING DATE PAGE , 1. The applicant requests approval under authority of San Bernardino Municipal Code Section 19.26.020 (B.7.) and Section 19.28.020 <C.10), to allow the sale of alcoholic beverages for on-site consumption and to permit dancing at an existing restaurant which is currently closed. The site is a .1 acre parcel located on the north side of Highland Avenue between Arrowhead and RDR Street at 324 West Highland Avenue, in the C- 3, General Commercial zone. 2. The proposed site is an existing 3,650 square foot structure. The lot is covered 100% by the structure and no on-site parking is provided. Based on code requirements, 76 parking spaces must be provided for the proposed use. Thirty two spaces are proposed to the rear of the structure through written agreement, which are utilized by adjacent business owners. However, said spaces are required parking for those businesses and there is no excess parking available. In addition, the hours of operation proposed, 11:30 a.m. to 2:00 a.m., seven days per week, would coincide with the daily operations of the other businesses and the parking lot is of inadequate size to accommodate any additional spaces. 3. Additional parking is proposed on the southeast corner of Arrowhead and Highland (Taco Bell Restaurant). This would require patrons to cross two streets to reach their cars. At the southwest corner, Home Savings has agreed to allow use of the parking lot for a trial period of three months. This agreement is inadequate for City purposes due to the uncertainty of the future availability of the parking lot arrangement and the fact that patrons would be required to cross Highland Avenue to reach cars parked there. 4. Based on code requirements, the adjacent businesses and those further west offering reciprocal parking are existing with inadequate spaces. Of the thirty two spaces offered, 36 are required for the two retail shops and beauty salon which signed agreements. Three businesses immediately west, a shoe shop, a dance studio, and a cocktail lounge have not agreed to share parking. The existing cocktail lounge requires 16 spaces alone, and 13 are provided behind the buildings. The existing cocktail lounge maintains business hours from 11:30 a.m. to 2:00 a.m., which coincides with the hours of this proposal. 000 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE r.m> NO R7-F. OBSERVATIONS AGENDA ITEM /, HEARING DATE 3/17/87 PAGE '.,' 5. During field inspection at approximately 3:30 p.m., on a Friday afternoon, of the 48 parking spaces in the immediate area (which include the 32 previously mentioned in the agreement discussion) 28 spaces were occupied. Of the 32 offered in the agreement, 20 were occupied. 6. Access to the proposed parking is off Highland Avenue through a 17 foot wide alley located to the west of the site. Additional access could be provided through a one-way driveway off of Arrowhead, however, no reciprocal access agreement is documented. Additionally, for patrons to travel north or south through the alley to the north of the site, would require commercial use of a residential alley. 7. The Police Department indicated that a foot canvas of adjacent property owners and business operators indicated approximately 70% were opposed to the reopening of the cocktail lounge. In addition, the proposed cocktail lounge is located in a crime reporting district with a crime rate of 22% above average. A rate of 20% above average generates an automatic protest by the Police Department to the Alcohol Beverage Control Agency. (See attached memo.) 8. The site was most recently occupied as a teenage night club with dancing_ Many complaints were generated by the activity and problems associated with the patrons according to the Police Department. However, later hours and the serving of alcohol could create other problems. 9. The existing structure, if used for a retail purpose, would require 15 parking spaces. Although there are no parking spaces available, consideration of a retail use would pose much less of a negative impact on the existing inadequate parking situation. ,-' r 000 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP NO. 87-6 . o FINDINGS of FACT "- '>.t17tH7 .J. , AGENDA ITEM HEARING DATE PAGE 1. The provisions for traffic circulation, parking, and safety as required by the General Plan do not conform with the proposal for a cocktail lounge at the proposed site. 2. The proposed use, a cocktail lounge with dancing, will adversely affect the adjoining residential uses and adversely affect adjacent retail uses due to the high crime rate in the district and the unavailability of adequate parking. 3. The size and shape of the siteis inadequate to support the proposed use. 4. The traffic generated will pose undue burden residentially used alley to the north of the site. on the 5. The granting of the conditional use permit to serve alcohol at this location would be detrimental to the peace, health, safety and general welfare of the citizens in the City of San Bernardino. finQings of Fac~_fo~_~~sted Waivers: ALL APPLICATIONS FOR A VARIANCE EACH OF THE FOLLOWING ITEMS IN FOR THE VARIANCE. MUST INCLUDE A WRITTEN RESPONSE TO ORDER TO CLEARLY ESTABLISH THE ~ A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district and neighborhood. Applicant'a-Response The conditions which apply at the property are as follows: 1. The buildings take up 100% of the land. 2. There is substantial parking on adjacent premises. 3. This building has existed as a bar for more than 30 years and has never had a problem with parking as it is a nighttime business mainly. Staff's Response Variance from the terms of the zoning ordinance as stipulatBd by State law and City ordinance can only be granted due to special circumstances applicable to the property including size, shape, topography, location or surroundings. \.. iIE'7.' r 000 CITY OF SAN BERNARDINO PLANNING DEPARTMENT. CASE CUP NO. 87-6 o FINDINGS of FACT t. '),,/17JP..7 r:: AGENDA ITEM HEARING DATE PAGE The structure in question occupies 100\ of the site. Adjacent businesses require more parking than is currently provided. The proposed hours of operation coincide with the business hours of adjacent uses, further impacting the available parking. B. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. ~licant's Response without the granting of this variance for off site parking, the entire building is unrentable for any type of business, not just a bar and restaurant. Staff's Response Substantial property right refers to the right to use the property in a manner which is on a par with uses allowed to other property owners which are in the vicinity and have a like zoning. The purpose of the variance is to restore parity where the strict application of the zoning law deprives such property owners of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The proposed use as a cocktail lounge impacts the inadequate parking situation far more than a less intense use would impact the area. c. That the granting of detrimental to the public improvements in the zoning the property is located. the variance will not be materially welfare or injurious to property and district and neighborhood in which . 6EPlicant's R~sponse Since this building has existed as it is now for over 30 years, and parking has always been a cooperative arrangement with no problems, it can certainly be assumed that it would remain that way. ~~tf's Response In determining the application for a variance, the best interest of the entire community is the controlling factor rather than the suitability or adaptability of the property in question for a particular use. -~'" .- o 0 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP NO. 87-6 o FINDINGS of FACT 4 3/17/87 /1 AGENDA ITEM HEARING DATE PAGE The proposed reports 22% ment waivers compound the site crime and a crime is in a Police reporting district which above average. To approve parking require- cocktail lounge with the proposed hours would rate in the neighborhood. D. That the granting of such a variance will not be contrary to the objectives of the Master Plan. Applicant's Response We are not asking for a waiver of parking completelYl we are merely requesting to be able to use off site parking which we have submitted signatures of all the adjacent premises that we have agreements with. So there is, in effect, no changes to be made by granting us the right to do what has always been done in the past. Qt~ll~!i1sponse The Master Commercial. Plan, which measures be intense. Plan designates the site and surrounding area as However, contrary to the objectives of the General requires adequate parking, circulation, and safety taken into consideration, the proposed use is too RECOMMENDATIQI-! Based upon the observations and findings of fact contained in this staff report, Staff recommends denial of Conditional Use Permit No. 87-6. Respectfully Submitted, DAVID ANDERSON, Acting tanning Director -,~c-... ~TY OF_ SA~~ERt:;ARDINO 0- -...\1EMORANDUPj To DONALD J. BURNETT, CHIEF OF POLICE Subject ON SALE GENERAL ABC LICENSE From R. RICE Oete 1-26-87 Approved Date BUSINESS NAME: CITY LITES, a California LTD partnership 324 W. Highland Avenue, S.B 92405 OWNERS: RONNI J. GROVE, general partner DAVID PADDOCK, limited partner CARROL A. PADDOCK, limited partner PADDOCK's address: 2391 Caminito Andreta, Laguna Hills, 92653 GROVE's address: 1236 South Spruce Avenue, Bloomington 92316 On or about the last week of December, 1986 I received an application for alcoholic beverage license (form 211) in the name of CITY LITES (Your Place, dba CITY LITES). A local record check of all three subjects was negative. A foot canvas of the area, local businesses, and residents was conducted by me to ascertain the feelings in the immediate area of Your Place reopening. Out of the eleven contacts I made in the immediate area there were seven protests for Your Place opening and four with no opinion. The protests were directed towards trash, litter, defecation and urination by the customers of Your Place on the adjoining premises. About half the protests did say, however, if Your Place opened as a restaurant catering to adults, it would possibly work out. I also made a check of the crime rate in the reporting district where 324 W. Highland Avenue is located. The reporting district is #690 and the crime rate is 22% above the average crime rate ofr a reporting district. On 1-6-87 I made contact with the general partner Mr. GROVE on the premises of the proposed on-sale general ABC license premises, CITY LITES. I advised Mr. GROVE of the results of my foot survey of the immediate businesses and residences. Mr. GROVE was upset, stating that his new proposed business would not cater to the type of clientele that went into Your Place. He planned to have a dinner house with bar and entertainment directed towards clientele in their 30's, 40's, and 50's. He said the existing business has been closed for approxi- mately one month and the new business when and if opened would be open from 1130AM to 0200 hours seven nights a week. He also desired that his restaurant would be opened Friday and Saturday nights until 0400 hours so as to serve breakfast for those who might huve 'too much alcohol to drink during the nighttime. I advised Mr. --~.--.--"."".. o '-' o o '- o MEMO. ON SALE GENERAL ABC LICENSE FOR CITY LITES PAGE 2 GROVE that he had a problem with parking and he said he was working on a deal with Home Savings across the street. He advised that he would have security present when and if the business did open. i At the time of my meeting with Mr. GROVE I did not have the reporting district crime statistics. but I did advise him if they were 20% above the average for a reporting district it would be an automatic protest by the police department. RECOMMENDATION: I recommend denial of this license. Respec f lly submitted: ~-" .~'.. , '". o o o () :a... CITY 0 F ~ AN BERN ARD IN 0 po. Bex 1558. SAN eERNARDINO~ CALIFORNIA 8~~O' ISSS POLICE DEPARTMENT DOlllAlO J~ BURNETT CHIEF OF POLICE I'eorua:-y Ii, 1l?fl7 Mr. To~ ~easling Alcoholic Reverage Control 303 H. Thi:-d, Rocm 209 San Re:-na:-dino. C~ 92401 Dear Hr. ~easling: We have reviewed the application for an Alcohol ~everage Cont:-ol license to be located at 324 W. Highland Avenue in San Bernardino, DBA City Lites. We have a concern about parking availability. When we made contact with people who live in the immediate area, Seven out of eleven Were opposed to the use of the location for the sales of. alcoholic beverages. Additionally, we find that the police reporting district in which the prop(lsed site is located has a c:-ime rate which is 22 pe:-cent above the average crime rate fo:- all c:-ime :-epo:-ting districts. Please consider the ahove when ~aking your decision to issue the license requested. Yours,~~~ ~~~ Donald J.; Illirnett Chi ef of ~~1ice - cgr cc: Mayor Uilcox Council",an Qui el Captai" Lewis "~I ~D..nt.J1t "."Jlt'''. " ~~O;r..-"','.'- : M .. 'I I 'j Ii 'll lit 0 ~n ....r: \ii I ~ I < ~ ~l ;\ ;; ~ J . ., a! ~ '1 ... ~I ... . ~ , . ~ ; , . l . i I -_. --, I I I . r; " J "I .. ;.. i I.i 5 ~ i I' o. \ c :! J "0 i i C>> ! ;l .... c: .. I ::t 0 ~ , ~ I.! ~a r i \ I ;'! nil! .. dl" .I~ I i ""- , ~ . , ~ ! l --- ~~ - I Iii ; . i :. \ :t.)II!it _ S ..... .. i "; ~ = p/l . I i ~ ~ 'I . . ~ J . > i . I "'" \ 1 I ,.,........... I . ~ \ -- C_.-" -:1 -....a;,..- __......m r ~ "'",""- AV.. '"" ! I '52.'1- W.HIGHLNlbAVE. S. 8.. CAt.. 7- ~. ,,,., .oWTH '^'CUC' AY&. ",.,.. twfl.TII.,2.' . &4tol'l'H4TOH,~. '.11" . (Wof),...O'1I.S .. '.'. , o o o o klrUlEN 01'11\ \ Y't'1 Roo tr"\ DINNING Roo YY'\ - " - ISEt:) 1=loo , \ \ 0 0 BAR. D/QNcE FlOOR.. 0 D~ 0 . 1 I - r S1ZlM~ ~ LADYS . Rcofl1 OF.flcr " 5To~A6t: . N\~~S Room ~ ..?-rom .. $ToR . . ." I " Jl .~ . , o o 0" o CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE CUP NO R7-f; HEARING DATE l/17/R7 4 ~ ...('"'"' ..-, , ..-, r,.I-1..J ~ ./ . ---- /. l,Kl It-! .1-1 .1-1. II-I J Hi ...... II-I 11-' ~I" : "-'" L...- II-I II-I 11'1 II-I .. ';::: ';='~: L... ~ 11-1 II-I 11-1 yl~ '-'rJ II':: 1": 800' I L ,., : BB~ I 11'1 - IU -.nr :E:;- ~ EtI: 1111 11-1 I 11.1 -fiE II-I - 11-1 '10" ... -0" "0" - Itff] II-I ,. 11-1 I. III II -I II-I' . 11'1 :c II-I 11'1 II-J Q 1M I II-I ,\iii II-I II-I. It . "I =;t 11-1 \~~~ 11'1 : ~ . 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II-I lit , A'P II-J 11.4 114J I"";';'" 11-3 II-J II-J 11-3 .... ;;l~~J .., .J;~ ;p...,JR31 113 II-I II-I II-I ) II-I II-I ~ o o o o March 9. 1987 Dear Slrs, cV\f' ca7-;h I prote.t the lssuance of a ON SALE GENERAL LIQUOR LICENSE, at )24 W. Hlghland. San Bdno. CA., for the followlng reasonsl 1- Already a BAR 2 doors away 2- Not enough parklng as 1 t 18 )- Too close to Schools 4- Area ls bad enough already wlth Drug Deallng 5- Trafflc On 2)rd St. between Arrowhead and D St. already very congested, even wlthNo parklng on north slde of street. 6- Hlgh CRIME AREA 7- ADULT BOOK STORE NEXT DOOR 8- 9- Sincerely. ~-1' ~~ 3~& vJ'd-5~ ~ ~, ~ ~;J-'t~ \Mu~unm MAR 10 1987 STAFF ROIJTING F. A.S. -AA- D,A. lJ1lC! V,B,_ A.L._ D. _ G.G._ K.M._ M.B._ M.F._ M,N._ 1I.1l._ S;W._ V.R CITY ~ iI.: ..... .. -} AR1MEllf SAN BEI\liARillNO. CA -..' o o o o March 9. 1987 Dear Sir., Luf> ~ 7-C. f'l~ I prote.t the i..uance ot a ON SALE GENERAL LIQUOR LICENSE. at )24 W. Highland. San Bdno. CA.. tor the tOllowing rea.on., 1- Already a BAR 2 door. away 2- Not enough parking a. it i. )- Too clo.e to School. 4- Area i. bad enough already with Drug Dealing . S- Tratfic On 2)rd St. between Arrowhead and D St. already 9.. c:o_e.~.. .... wi'tb lIlo Parking on nortlt.;..w.. .of .treU. . . .. ... . 6- High CRIME AREA 7- ADULT BOOK STORE NEXT DOOR 8- 9- Sincerely. CITY PLANNING DEPARTMENT SAN BERNARDINO. CA STAFF ROIITING , . F.AS.-#.- . D.A.~, 'Y.B._: A.L._' 0.. _ E.G.__ G.G._ K.Il_ 1l0._ M.F._ . IlN._ . R.R._ 5.W._ V.R_ 00 ffi@ffinwrnlID MAR 11 1987 LE_ .. o o March 9. 1987 Dear Sirs, o o CUP NO. 87-11 I prot..t the issuance of a ON SALE GENERAL LIQUOR LICENSE, at )24 W. Highland. San Bdno. CA.. for the following reason., 1- Already a BAR 2 door. away 2- Not enough parking as it is 3- Too clo.e to Schools 4- Area is bad enough already with Drug Dealing s- T~~lo On 23Z'l11 8~.. ,lHttween AJT.ea4 and D St. already very conseated. ...wlth No Par1tlng on north aide of atreet. 6- High CRIME AREA 7- ADULT BOOK STORE NEXT DOOR 8- 9- Sincerely., . ~ ~ ).,). A~~.~ 37.:2. W. .23 ~ sr. S j!>..N \3 Dt>j<:l . cf\ 9'~ 'f~s ~ ; ~ 00 rn@rnuwrnlID MAR 12 1987 CITY PlANNING DEPARTMENT SAN BBlNARDJNO. CA STAFF HOI/TlNG F.AS.__ D.A._ V.B._ A.L._ D.W_ E.6._ 6.6._ K.iIt._ M.B._ M.F.__ M.N._ R.R._ s.w._ Y.R_ FILE_ -0 ) t March 9. 1987 Dear Sirsl o o .\ " ~.':":l\_ r... '-....)., '0 \.:I 00 rn@rn~wrn [ID MAR 16 1987 CITY PLANr,lmi iJ~?;l.i1TMENT SAN BERNARDlrJO. CA o STAFF HOI/TING fA-S. O,A, V.B._ A,L._ O.W._ E,(l,_ (l,(l,_ !ut_ IM.J,_ M.-::._ M,:".__ RR._ $.'::.- V.H _ - - ~ITY OF SAN BEIQARDINO Q.. MEMORANDUI6"? '0 DONALD BURNETT, CHIEF OF POLICE (\ ~^JJ\~FrOm DET. R. RICE ON SALE YLK' '" . Date 5 - 4 - 8 7 To Subject BUSINESS NAME. CITY 324 W. Highland Avenue San Bernardino, CA 92405 Date Approved APPLICANTS. PADDOCK, DAVID N. PADDOCK, CAROL A. 23291 Caminto Andreta Laguna Hills, CA 92653 On or about the last week of April, 1987 I received a copy of the application for alcoholic beverage license, ABC form 211, in the applicant name of DAVID and CAROL PADDOCK for a business called City Lites at 324 W. Highland Avenue, San Bernardino. I recalled in the last week of December, 1986 I received an application for an alcoholic beverage license in the name of City Lites (Your Place dba City Lites) with the owners being DAVID and CAROL PADDOCK along with a general partner RONNY J. GROVE. I investigated this application in January, 1987 and recommended denial of the license to the Chief of Police. The Chief dispatched a letter to Mr. KEASLING of A.B.C. on February 5, 1987 asking Mr. KEASLING to consider the potential police problems at 324 W. Highland. Those problems are. crime stats, parking, and opposition by residents and other businesses in the area. On April 6, 1987 the Planning Commission denied the conditional use permit #87-6 to allow the sale of alcoholic beverages for on-site consumption at City Lites. An appeal hearing is to be on May 11, 1987 in front of the Mayor and Common Council_ At approximately 0945 hours, 5-4-87, I made phone contact with Mr. PADDOCK at his place of business, "Mountain Lites" a bar and restaurant in Crestline. I advised him that I had received a new ABC form 211 for his application for alcoholic beverage license in the name of DAVID and CAROL PADDOCK with the elimination of RONNY GROVE who had been on the previous ABC 211 application for beverage license. Mr. PADDOCK said Mr. GROVE was eliminated from the corporation. Mr. PADDOCK advised that he was in the process of starting up his restaurant, Mountain Lites, in Crest line at this time, which was previously known as Sam's Place. pnEY f <..: /.; PHOGRESS ......' ........;.. ""1 -..,1 \.'--::--"' , ......_l- t '7"~ r , .c:rJ o o o o ON SALE GENERAL ABC LICENSE - CITY LITES PAGE 2 Furthermore, he advised he still had a City Countil meeting to contest his C.U.P. denial in front of the Mayor and Common Council on May 11, for his business, City Lites, in San Bernardino. Mr. PADDOCK said he had secured more parking for his business at the First American Bank at the northeast corner of Highland and Arrowhead and also further parking at Home Savings at the southwest corner of Highland and Arrowhead. He said he had a verbal agreement with both instructions for parking at his place of business, City Lites, after those institu~ions had closed after 3:00PM in the afternoon. He said he made an agreement to patrol the lots and acquire public liability insurance. He indicated that he planned to open City Lites as a restaurant, bar, and lounge offering two meals per day, lunch and dinner. It would be open from noon until 2:00AM. Mr. PADDOCK indicated that his original application was for a Type 48 license, but lost that license due to the delays in the C.U.P. He has since acquired a conditional priority license Type 47 which requires him to serve two meals per day and would allow subjects under the age of 21 to enter the business.- He further said that there will be D.J. music, 50's and 60's style Thursday through Sunday that would cater to everyone 21 years of age and over. Mr. PADDOCK further stated he and his wife would like to have a discussion with the Chief of Police regarding their business, City Lites in San Bernardino. I told him he could call and make an appointment with the Chief's office. I further advised Mr. PADDOCK that as policy per our department there would be an automatic protest by San Bernardino Police Department due to the crime rate in his reporting district. I described reporting districts to Mr. PADDOCK. Mr_ PADDOCK further indicated that he was very pleased with the work of the police department, that he wanted to run;a good business and stated that the conditions laid down by the city would be fine with him, whatever they would be, if he were able to open with his Type 47 license. It must be noted the proposed location is still in Reporting District 690 with crime stats 22% higher than the average reporting district for the City of San Bernardino. Furthermore, the proposed location is in Census Track #53 which allows for five on sale licenses. Presently there are seven on sale licenses with one pending which constitutes ABC rule 61.3, undue concentration. I have further been advised by ABC personnel that the PADDOCKS have already re-opened City Lites as a "teen joint" as of two to three weeks ago. . '0 o o o ON SALE GENERAL ABC LICENSE - CITY LITES PAGE 3 RECOMMENDATION. I. once again, recommend to the Chief of Police of the city of San to protest this ABC license in the name of DAVID and CAROL y submitted: