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HomeMy WebLinkAbout90-Planning 'CI+'- OF SAN 8ERNARDI~ /,,1-' rt;J- - REQUM FOR COUNCIL AC'~N R. Ann Siracusa From: Director of Planning Appeal of Conditional Use Permit lIEC'O.-AI'JMl)k:tOFtlo. 87-36 Dept: Planning L7 ;'J~ 2:: [':1 l.:~a:~or and Council Meeting of September 8, 1987. 2:00 p.m. Date: August 26, 1987 Synopsis of Previous Council action: On July 21, 1987 the Planning Commission denied Conditional Use Permit No. 87-36 and directed staff to prepare the Findings of Fact. On August 4, 1987 the Planning Commission adopted Findings of Fact supporting denial of Conditional Use Permit No. 87-36. Recommended motion: To deny the appeal and deny Conditional Use Permit No. 87-36. '. P \ I \ \, I',i\ I :\"" \ " I ./ > v" 1./" \, ~ ,. Signature R. Ann Siracusa Contact person: R. Ann Siracusa Phone: 384-5357 Supporting data attached: Staff Report Ward: 5 FUNDING REQUIREMENTS: Amount: Sou rce: Finance: Council Notes: anon,!, I.o~ I\ln @. CIT"-' OF SAN BERNARDI~ - REQUEU FOR COUNCIL AC1,J)N STAFF RE~.pRT Subject: Appeal of Conditional Use Permit No. 87-36 Mayor and Council Meeting of 9/8/87 BACKGROUND On July 21, 1987 the Planning Commission, after conducting a properly noticed public hearing, denied Conditional Use Permit No. 87-36 for an off-sale alcohol outlet in a proposed 7-11 convenience store to be located in a commercial center on the southwest corner of Highland Avenue and nEn Street. The commercial center was approved on May 7, 1987 by the Development Review Committee. The first vote on Conditional Use Permit No. 87-36 was a voice vote and appeared to be a 3 to 3 vote (6 Commissioners in attendance). A recount was requested and the vote was 4 to 2 in favor of denying Conditional Use Permit No. 87-36. At that time, the Planning Commission requested staff to prepare Findings of Fact to support the denial of the application, and on August 4, 1987 the Planning Commission unanimously voted to approve the negative Findings of Fact (8 Commissioners in attendance). (Attachment A) On July 28, 1987 the owner and applicant. the Hopkins Com- pany, filed an appeal (Attachment B) of the Planning Commission's denial contending that: 1. The only objection to the off-site sale of alcohol was from the San Bernardino City Police Department on the basis of a late 1984 early 1985 crime study which has not been updated since that time. Further, the appel- lant indicated that a member of the Police Department indicated that the crime problem in the area had decreased since the study. 2. Other written objections cited the 7-11 store as being a potential gathering place for local students, which is a school problem. 3. The project is being unjustly penalized for locating next to a Burger King Restaurant which has a drug problem related to the local schools, and that the beer and wine sales would account for only 20 percent of the operation's business. This item was originally scheduled to be heard by the Plan- ning Commissi.on on July 7, 1987. At the time the staff report (Attachment C) was prepared for that hearing, no comments from the Police Department nor objections from the public had been received. Therefore, Planning staff recommended approval. Subsequently, on the date of the Planning Commission hearing, staff received a recommendation 75-0264 1-.J..J.-R7 " "',..,- --' Mayor and Council Agenda Appeal - Conditional Use Permit No. 87-36 Page 2 from the Police Department (Attachment D) to deny the CUP based on the high crime rate in the area and the overconcentration of other off-sale alcohol outlets. Therefore, the Planning Department changed its recommendation from approval to denial and this was presented verbally to the Planning Commission at the hearing. At that time a continuance to July 21, 1987 was requested to allow the applicant to discuss with the police Department their concerns and to have a representative from Southland Corporation to be present at the hearing. Between July 6 and July 19, 1987 the Planning Department received the Police recommendation for denial and three letters, signed by five members of the public, objecting to the requested CUP (Attachment E). ANALYSIS In considering a request for an alcohol Conditional Use Permit, the issues of overconcentration of the use and its compatibility with the surrounding area are the major factors to be considered. According to the Police investigation, there are nine off- sale alcohol licenses in operation in the area already, while only five are permitted by ABC standards. There are two other convenience stores within a few blocks of the proposed location, one at Highland Avenue and "H" Street and the other at Highland and Mountain View Avenues. A liquor store is located at 2lst and "En Streets, approximately 250 feet away from the proposed 7-11 store. Adjacent uses include a multiple residential district across the alley from the proposed alcohol outlet, and there is a junior high school located on the northwest corner of Highland Avenue and "E" Street, and although it is the far corner of the playground area that is immediately across from the proposed alcohol outlet, junior high children pass directly by that location coming and going from school and at lunchtime. The proposed 7-11 is located approximately 1,400 feet from San Bernardino High School. Because such commercial facilities tend to be gathering places for students, there are potential impacts on the surrounding resi.dential neighborhood of increased noise, littering and crime. Immediately surrounding the proposed site are other commer- cial uses including a Burger King Restaurant which has a history of problems with drug trafficking. ,~~(. -37 , ,,~ ~.J Mayor and Council Agenda Appeal - Conditional Use Permit No. 87-36 Page 3 The Police report indicates that the crime statistics for Reporting District 650, including this site, are "approxi- mately 9% above average." This reporting' district is immed- iately adjacent to District 620 which has a crime rate "approximately 23% above average" and District 630 with a crime rate of "approximately 51% above the average." CONCLUSION There appears to be a sufficient number of convenience stores and alcohol outlets already located in the immediate area to serve the needs of the adjacent residential neighborhoods and the public. Because convenience stores tend to be gathering places for students and may have adverse impacts on surround- ing residential neighborhoods and because statistics indicate that this area has a greater than average incidence of crime, this location is inappropriate for another off-sale alcohol outlet. ~Qlm5:Hd~CTION The Council may deny the appeal and uphold the Planning Commission denial of Conditional Use Permit No. 87-36 or may uphold the appeal and approve Conditional Use Permit No. 87- 36. If the Council chooses to uphold the appeal, they may apply conditions of approval. Further, if the Council chooses to uphold the appeal and approve the Conditional Use Permit, positive Findings of Fact must be articulated to support the approval. F!'5:Q!:1!:1!,NDA'l'ION Staff recommends that the City Council deny the appeal and deny Conditional Use Permit No. 87-36. Prepared by: R. Ann Siracusa Director of Planning Planning Department Attachments: Attachment A - Statement of Official Planning Commission Action Attachment B - Letter of Appeal Attachment C - Planning Commission Staff Report Attachment D - Police Recommendation Attachment E - Letters of Opposition mkf 8/26/87 DOCUMENTS:M&CCAGENDA CUP8736 , '--' ATTACHMENT A '-..-.,;/ City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 87-36 Appl icant: Highland Associates c/o Hopkins Development Company ACTION Meeting Date: August 4, 1987 Aproved Adoption of Negative Declaration and Adoption of Request Subject to the Following Findings of Fact and Conditions of Approval (Attachment A): x Denied. Other. FINDINGS OF FACT 1. Proposed commercial center is permitted by right of the zone. The purpose of the Conditional Use Permit is to grant or deny the sale of beer and wine from a retail store within the center. -The zoning of C-3 would permit the use subject to the approval of a Conditional Use Permit. 2. The site has a General Plan designation of General Commercial and zoning classification of C-3. The General Plan, the zoning and the proposed commercial center are consistent with one another. 3. The site of .71 acre is of size and shape to accommodate the proposed commercial center. 4. The parking provided surpasses the m1n1mum number of parking spaces required for the commercial site. 5. The proposed sale of beer and wine from the approved retail center will be injurious or detrimental to the general welfare of the citizens of San Bernardino, because of the potential to raise the incident rate of crime in the area and because the area has immediate high concentration of like and similar uses. , " '-><.J' City of San Bernardino ~ STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION Page 2 VOTE Ayes: Nays: Abstain: Absent: Brown, Nierman, None None None Cole, Corona, Sharp, Stone Lindseth, Lopez, I, hereby, certify that this Statement of Official Action accurately reflects the final determination of the Planning. Commission 0 th City of San Bernardino. ~ ~~~ ~\ R. Ann Siracusa, Director of Planning Print or Type Name and Title RAS/mkf DOCUMENTS:PCAGENDA PCACTION 8/05/87 1\.TTACHMENT B ~. -' ~) H D c j HOPKINS DEVELOPMENT COMPANY July 28, 'H87 00 _ " -n r;l rr: r) \:: I! \\!f l~ ~ l.) ~ J I.:J L:J lID R. Ann Siracusa, Director of Planning CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 JUl 23 19aI CITY rL,~;.,..,\U Gi:?;\R1'MtMT SAN c~:mAi!:J\NO.CA RE: SWC Highland and "E" Street San Bernardino, CA Dear Ms. Siracusa: Highland Associates (Owners/Applicants for above captioned property), wish to appeal the planning Commissions decision of July 21, 1987 on Conditional Use Permit No. 87-36 for the off-site sale of alcoholic beverages within a proposed shopping center in the C-3 General Commercial Zone for the following reasons: I. The only Objection to the off-site sale of alcoholic beverages was brought about by the San Bernardino Police Department. The basis of their Objection was a late 1984, early 1985 crime study for the area. NO updated study has been done since. The meat of their objection was centered around the 1985 drug problem at the Burger King next door to the sUbject site. The problem has been less of a problem according to Sgt. Tull due to police procedures in early '85 and spring of '7. Their view is that a 7-Eleven selling beer and wine will increase crime in the area. 2. TWO other written Objections were based on 7-Eleven being a potential gathering place for local students. We feel we are being unjustly penalized for locating next to a Burger King with a drug problem. Why should we be denied a Beer & Wine License because Burger King, the San Bernardino Police Department and the schools cannot cure the drug trafficking? This is their problem, not ours. The direction and decision. of the planning Commission seemed to swerve from the point at hand. The focus was to 7-11 being a future gathering spot for the drug trafficking, according to the police. Beer & Wine is only 20% of 7 -Eleven's business and they are at least as, if not more, concerned with the cr ime factor as the City is. The Alcoholic Beverage Control did not protest the posting to begin with. .13 Coroorate Plaza, SUite 200 Newport Beach, California 92660 (714)640-1770 ~ ","---...'" '\ "-" Evlyn Wilcox, Mayor July 28, 1987 page two Summation: With the vote being 3-3 and 4-2 on a re-count, we feel that a more in-depth look at the situation would suggest that the crime problem or potential crime problem that the San Bernardino Police Department is concerned about may be solved by curbing the apparant drug trafficking problem at Burger King. Therefore, why should our development be denied a license to sell off-site beer & wine because of someone else's continuing problem? Sincerely, HIGHLAND AND ASSOCIATES ~ cw..<.d J(.xU 0L~ IotJ David K. LeMons For Hopkins Development company DKL:CW l\TTACHMENT C ~. . ~ CITY OF SAN a-RNARDINO -' M-MORANDUM - To The Planning Commission Conditional Use Permit No. 87-36 From The Planning Department Date July 21. 1987 O)\Ibject Approved Agenda I tem No.5. Ward 5 Date OWner/Applicant: Highland Associates c/o Hopkins Development Company 13 Corporate Plaza. Suite' 200 Newport, Beach. CA 92660 This item was continued from the Planning Commission meeting of July 7, 1987 at the request of the applicant in order for the applicant to talk with the Police Department to discuss concerns and also to have a representative from Southland Corporation present at the meeting. Respectfully submitted, R. ANN SIRACUSA Director of Planning PRIDE fa ~~_PAO.1-. '~ -- '-' /""" r CITY OF SAN BERNARDINO PLANNING DEPARTMENT"" \. SUMMARY 5 7/7/87 5 AGENDA ITEM HEARING DI\TE WA'RD ~ ~ 3 Conditional Use Permit No. 87-36 APPLICANT: Highland Associates c/o Hopkins Deyelopment Cow8any l~ Corporate Plaza, 5te. lU' Newport Beach, CA 92660 OWNER: SAME AS ABOVE t; L\J ~ o III a: "- cr 1LI a: cr The applicant requests approval to establish an 8,520 square foot commerical center and obtain a Conditional Use Permit under authority of Section 19.26.020 (B) 15 to permit the sales of alcoholic beverages for off-site consumption in the C-3, General Commerical Zone. Subject property is located on the southwest corner of Highland Avenue and "E" Street on a 0.71 acre site. EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Service Station C-3 General Commercial North Vacant C-3 General Commerical South Commerical Building C-3 General Commercial East Service Station C-3 General Commercial West Commerical Building C-3 General COl1lDlercial GEOLOGIC I SEISMIC DYES FLOOD HAZARD DYES OZONE A ( iii YES ) HAZARD ZONE l!l NO ZONE l?l NO OZONE B SEWERS oNO HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT ID YES HAZARD ZONE KlNO CRASH ZONE Q9NO PROJECT AREA ONO town ....J o NOT o POTENTIAL SIGNIFICANT Z DI APPROVAL ~ APPLICABLE EFFECTS 0 WITH MITIGATING - [} ZU) MEASURES NO E,I,R, ti CONDITIONS UJ(!) &l EXEMPT o E,IR, REQUIRED BUT NO II.Q 0 2Z II.ffi DENIAL Z- SIGN IFICANT EFFECTS OQ i!=- a::Z WITH MITIGATING 0 CONTINUANCE TO MEASURES 02 >iL ONO 0 Z o SIGNIFICANT EFFECTS 0 IIJ SIGNIFICANT SEE ATTACHEO E,R, C, L\J EFFECTS MINUTES a:: NOV. 1.11 REVilED ~ULY III. SKY ;", ""'" ......., -......,., CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP NO. 87-36 OBSERVATIONS AGENDA ITEM 5 HEARING I;>ATE 7/7/87 PAGE 2 1. REQUEST: The applicant is requesting to establish an 8,520 square foot commercial center and obtain a Conditional Use Permit to allow the sales of beer and wine for off-site consumption. The site plan was previously approved at the Development Review Committee through Review of Plans No. 87-41. The site plan has been modified by, the applicant for the approval of the development proposal. The request at this time is for the granting of the sale of off-site consumption of beer and wine only. 2. LOCATION AND SITE The site is located at the southwest corner of Highland Avenue and "E" Street. The site also has access onto a 20 foot wide public alley to the south of the subject site. 3. DEVELOPMENT PROPOSAL The site has a proposed 8,520 square foot building with a ten (10) foot setback from "E" Street as required by code. From Highland Avenue a structural setback of 103 feet is maintained. Within this setback is landscaping (31 feet), parking, drive aisle and walkway. At a ratio of one space for every 250 square feet of gross floor area, the parking required for the sfte is 34 spaces. The applicant is proposing 42 spaces on the site. Twenty-eight (28) of the 42 spaces will be in the front portion of the center. Fourteen (14) spaces will be to the rear of the building taking their access from the 20 foot public alley to the south of the site. 4. ZONING AND GENERAL PLAN The zoning for the site is that of C-3, General Commercial. The General Plan designates the site as General Commercial land uses. The site lies within the Uptown Redevelopment Project Area. 5. ELEVATIONS AND ARCHITECTURAL TREATMENT The height of the building will be 19 feet 6 inches from the finish floor. The exterior building materials will consist of cement plaster with a concrete mission tile mansard roof along the north elevation only. '\ ,;# , >' ,'"'"' CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP NO. 87-36 OBSERVATIONS 5 7/7/87 3 AGENDA ITEM HEARING DATE PAGE Staff would recommend a continuation of the tile mansard roof line along the east elevation and has attached a condition for such. 6. ENVIRONMENTAL CLEARANCE At their regularly scheduled meeting of June 2, 1987, the Environmental Review COl1lllittee detenninedtl1at this project was categorically exempt from the California Environmental Quality Act. '- ,'"" "0"..; ",-, CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CliP NO. 87-36 FINDINGS of FACT 5 7/7/R7 " AGENDA ITEM HEARING DATE PAGE 1. The proposed commercial center is permitted by right of the zone. The purpose of the Conditional Use Permit is to grant or deny the sale of beer and wine from a retsil store within the center. The zoning of C-3 would permit the use subject to the approval of a Conditional Use Permit. 2. The site hss a General Plan designation of General Commercial and zoning classification of C-3. The General Plan, the zoning and the proposed commercial center are consistent with one another. 3. The site of .71 acre is of size and shape to accommodate the proposed commercial center. 4. The parking provided surpasses the minimum number of parking spaces re- quired for the commercial site. 5. The proposed sale of beer and wine from the approved retail center will not be injurous or detrimental to the general welfare of the citizens of San Bernardino. RECOMMENDATION Based on the observations and findings of fact contained herein and subject to the conditions and standard requirements attached hereto, Staff recommends approval of Conditional Use Permit No. 87-36. l-'n Respectfully Submitted, R. ANN ,.sIRACUSA Dire or of Planni '"-#' '"--.-,;1' -,"", CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-,6 CONDITIONS 5 7/7/87 5 AGENDA ITEM HEARING O~'!~ PAlO.. 1. The Mission tile mansard roofline shall wrap around the north, east, and half of the length of the south elevation of the proposed commercial building. , '" ,--.. '-' '-.../ CITY OF SAN BERNARDINO CASE CUP 87-36 5 7/7/87 6 .) STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE ... r "l COMMERCIAL, INDUSTRIAL ~ Conditional Use Permit 87-36 shall be in effect for a period of 12 months from the date of approval. However, If no development has been Initiated at the end of the 12-month period, the application shall expire. Additional time may be approved upon request of the applicant prior to expiration of the 12-month period. Expiration Date: July 7, 1988. ~ PARKING: a. This development shall be required to maintain a minimum of 34 stan- dard off-street parking spaces. --- 'b. All park I ng and drlvi ng ai sl es shall be surfaced wi th two I nches 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 pro- perty 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 i~ 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 equiva- lent 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 wall located in the front setback shall obscure the required front setback landscaping. .--1... 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 setback area. Exact location and size of refuse enclosures are to be determined by the Planning Department and Division of Public Services Superintendent. '\. _'M ~ \ ..., POll.. . 'AlII I ell' I ",.,. , CITY OF SAN BERNARDINO CASE CliP 87-36 5 7 /7 /87 7 .. STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE .... r WALLS: a. Six-foot high solid decorative walls shall be required on the north ,south ,east ,and west or peri pheral property lTii'es. (On'TYthose marked with .X.or check mark appTy.') b. Chain-link fencing may be used, subject to approval by the Planning Department. -"- LANOSCAPI NG: 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 nri ni mum of 30 feet on center. Varieties and exact location shall be deternrined by the Director of Park 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. Three copies of a landscape plan (including plant material specifications) shall be submitted to the Planning Department and Park and Recreation Department for review and 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 of the open surfaced parking area excluding the area of landscaping strip required by subsection lib" and shall include at least one tree for every ten spaces or major fraction thereof. Measurements sh all be computed frolR the I nsi de of peri meter walls or setback 11 nes. f. The requl red setback (s) from the north , south , east , west_____ property line shall 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. ~ ILLUMINATION: a. All lighting fixtures in the parking areas snaIl be d1rected away from adjacent properties and the public right-of-way. .... ..,.., ... .... !!'-_ ,!a!, , .............- '"'' ~ CUP R7-16 "" CITY OF SAN BERNARDINO STANDARD REQUIREMENTS \... ~ - 6. 7. 8. -2.:.. -lil.. -l..L ... ... 1M CASE AGENDA ITEM 5 HEARING DATE 7/l/R7 PAGE ~ "l MECHANICAL EQUIPMENT: a. Air conditioning and vent ducts shall be directed away frog any adja- cent residential uses. b. All mechanical equipment located on the roof shall be screened and located away from adjo1ni ng resi dentia I uses. Screeni ng desi gn shall be approved by the Planning Department. Compliance with all reconmendations of the Geology Report shall be required ( i f app li cab 1 e) . Grading and revegetation shall be staged as required by the City Engineer in order to reduce the amount of bare soi 1 exposed to preci pitati on. During construction, the City Engineer may require a fence around all or a portion of the peri phery of the si te to mi ni mi ze wi nd and debri s damage to adjacent properties. The type of fencing shall be approved by the City Engineer to assure adequate project site maintenance. clean-up and dust contro I. Within 75 feet of any single-family residential district. the maximum height of any building shall not exceed one-story or 20 feet unless the Conmission determines that due to unusual topographical or other features, such restri cti ve hei ght 1 s not practi ca I. ' All utility lines shall be installed underground subject to exceptions approved by the Planning Department and the City Engineer. No Certificate of Occupancy shall be issued prior to compliance with these Standard Requirements as well as all provisions of the San Bernardino Muni c1 pa 1 Code. SIGNS: All signs shall be In conformance with San Bernardino Municipal Code Section 19.60. Three copies of a,plot plan and elevation of the sign drawn to scale shall be submi tted to the Planni ng Department for revi ew and approval prior to I $Suance of the sign permit from the Building and Safety Department. a. Monullll!nt-type signs shall not be located within the required setback for the zoning district in which the sign is located. The IOnument si gn shall be located a mi ni_ of 5 feet frOll the property 11 ne. If the IQnUlent sign is located within the setback. it, shall not exceed an overall height of 3 feet. b. All freestanding signs must have 8 feet of clearance between average ground level and the bottom of the sign. ~ ~, 'IV.'; s' " 'J -,'/ r' CITY OF SAN BERNARDINO PLANNING DEPARTMENT ~ ENVIRONMENTAL REVIEW COMMITTEE ENVIRONMENTAL IMPACT CHECKLIST ... , ~ A. BACKGROUND 1. Case Number (s) : Conditionsl Use Permit No. 87-36 Date: 6-04-87 2. Project Description: to permit off-site consumption of beer and wine in a retail store. 3. General Location: Located at the southwest corner of Highland Avenue and "E" Street. B. ENVIRONMENTAL IMPACTS YES MAYBE NO 1. Could project change proposed uses of lsnd, as indi- cated on the General Plan, either on project site or within general area? X - 2. Would significant increases in either noise levels, dust odors, fumes, vibration or radiation be gener- ated from project area, either during construction or from completed project other than those result- ing from normal construction activity? X - - 3. Will project involve application, use or disposal of hazardous or toxic materials? X - - 4. Will any deviation from any established environ- mental standards (air, water, noise, light, etc.) and/or sdopted plans be requested in connection with project? X - - 5. Will the project require the use of significant amounts of energy which could be reduced by the use of appropriate mitigation measures? X - - 6. Could the project create a traffic hazsrd or coosestion? X - - 7. Could project result in any substantial change in quality, quantity, or accessibility of any portion , of region's air or surface and ground water re- source,? X - - .. ~ , MAY II lAC. 'OIlM A it /' '. """' ....... r 8. Will project involve construction of fscilities in an area which could be flooded during an inter- mediate regional or localized flood? 9. Will project involve construction of facilities or services beyond those presently available or pro- posed in near future? 10. Could the project result in the displacement of community residents? II. Are there any natural or man-made features in pro- ject area unique or rare (i.e. not normally found in other parts of country or regions)? 12. Are there any known historical or archaelogical sites in vicinity of project area which could be affected by project? l~. Could the project affect the use of a recrea- tional area or area of important aesthetic value or reduce or restrict access to public lands or parks? 14. Are there any known rare or endangered plant species in the project area? IS. Does project area serve as habitat, food source, nesting place, source of water, migratory path, etc., for any rare or endangered wildlife or fish species? 16. Will project be located in immediate area of any adverse geologic nature such as slide prone areas, highly erosible soils, earthquake faults, etc.? 17. Could project substantially affect potential use or conservation of a non-renewable natural resource? 18. Will any grading or excavation be required in connection with project which could alter any existing prominent surface land form, i.e., hill- side, canyons, drainage courses, etc? 19. Will any effects of the subject project together or in conjunction with effects of other projects cause a cumulative significant adverse impact on the environment? ... YES ~ MAYBE NO x x x x x x x x x x x x ~ . - , ",J ,,",,"'" C. SUMMARY OF FINDINGS AND CUMULATIVE EFFECTS If any of the findinga of fact have been anawered YES or MAYBE, then a brief clarification of potential impact shall be included as well as a discussion of any cumulative effects (attach additional sheets if needed). , D. MITIGATION MEASURES Describe type and anticipated effect of any measures proposed to mitigate or eliminate potentially significant adverse environmental impacts: E. DETERMINATION On the basis of this initial evaluation, [] We find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. [] We find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. [] We find the proposed project MAY have a significant effect on the environ- ment, and an ENVIRONMENTAL IMPACT REPORT is required. X Categorically Exempt from California Environmental Quality Act Slit:r,,;]'" /5?<J1 '-LASS/. ENVIRONMENTAL RtVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA ~vClffl/ (Secretary) VALERIE C. ROSS, Associate Planner DATE: r-1; /187 . \... ~ ...." I.. DC. fClRll A I ri"i I'~ I~ I 111..11_ r)t" -j~ : I~ 5 ... ".. I ~ ' eo u II, l' (It UI!~liili I:ll~ I I': :J ~ 1Ii111111, ' I . t; Ju CL ~ .. ::> .. ~ () ... c H~tS - c . ....,." '-'" ~ I .1 Ill, ! i h! I ~@ c . . I- I, . ~ .. r~ \\ ~; \\ t; , ~ i D .~ .' ~ ~ 5 t 5 .1 -, ~ CD ('I) I ,.... co ~ . I 5 , i ~ ",.... ,,,.; ! i .Ii I . : · ! I ~. ~ 1.1 ~! 5 iU: 5 ~. *! e I!I ~ I i ~~!~ ! I! ~. E ~ ~ . u ~- S I 5 II i i I ~ i Ii I~! i ,I I '1M i ~ J~ i i . ! .. I j " _:lAY CINY"tlMI .. ..".- :::::J _H______. ,II~--.-~---. I-'.--r' !. ~i '1-- , -,-' I' - ..._ ____n __ _ - IN". .,...., '. . i ~_ C'I'~" ! . I ~ Ii .l, I . \0 , !! .. + I . _ t-...~--,-< /LJ l ," \ , . . . ~ . xli "--- ~ ; ---- i I' ~ .,~ 1\ . ; "I Ii / . . I i . .. I , ! I , I , I ~i I . , c;! 1 I ~ z c E I ~IIT T 1.. r r . ----------- ~ ~ .. -'\~-----,1- - , _.~_~~':.::;=;-:-.-:.=--.~-==-;:- '~~~Ari-~.......~--o= .~ ---- -I -... -,_.. _ A~"'A". <0 (W) I ....... co ~ Q.. ::> () !:\ CITY OF SAN::;ERFJ'ARDINO ~ - h,~EMORANDUM To PLANNING COMMISSION From PLANNING DEPARTMENT Subject Conditional Use Permit No. 87-36 Date August 4, 1987 Approved Agenda Item No. 1 b, Wa rd 3 Date APPLICANT/OWNER: Hig~land Associates c/o Hopkins Development Company 13 Corporate Plaza Suite 200 Newport Beach, CA 92660 At the meeting of July 21, 1987, t~e Planning Commission denied Conditional Use Permit No. 87-36 requesting the sale of beer and wine from a proposed "7 Eleven" Store located at the southeast corner of Hig~land and "E" Streets. Attac~ed are t~e necessary negative Findings of Fact for t~e Commission's review and approval. The specific negative finding is Finding No.5. No discussion is required. Action has already been taken at the public hearing; t~erefore, no public testimony is needed. T~e applicant has been notified that t~e appear period will begin wit~ the adoption of these findings and not from the date of July 21,1987, meeting. RECOMMENDATI ON: Adopt t~e negative Findings of Fact attached for Conditional Use Permit No. 87-36 based On the action made by the Commission on July 21,1987. Respectfully submitted, R. ANN SIRACUSA Director of Planning I' - EG/clj ~~'l":'/' "'-........ ......, CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE C.U.P. 87-36 FINDINGS of FACT AGENDA ITEM t./n 1 b wa. 3 HEARING DATE Au\!. 4. 1 987 PAGE 1. ~roposed commercial center is permitted by right of the zone. The purpose of the Conditional Use Permit is to grant or deny the sale of beer and wine from a retail store within the center. The zoning of C-3 would permit the use subject to the approval of a Conditional Use Permit. 2. The site has a General Plan designation of General Commercial and zoning classification of C-3. The General Plan, the zoning and the proposed commercial center are consistent with one another. 3. The site of.7l acre is of size and shape to accommodate the proposed commercial center. 4. The parking provided surpasses the minimum number of parking spaces required for the commercial site. 5. The proposed sale of beer and wine from the approved retail center will be injurious or detrimental to the general welfare of the citizens of San Bernardino, because of the potential to raise the incident rate of crime in the area and because the area has immediate high concentration of like and similar uses. Respectfully submitted, R. ANN SIRACUSA Director of Planni Ed EG/clj ,.... ',.,/ AGENDA ITEM # CITY OF SAN BERNARDINO PLANN~G DEPARTMENT LOCATION CASE Ib CUP NO. 87-36 HEARING DATE August ,4, I ~!ll :::~::~ttR-lff ~U: ~R-I ~ R~I [j ~I I b r;~ BG : :: r; ~ SAI R-I r..J R'I R-I R-I ~ R-I III,. -.. I AP ___ -;;;:;0 r::::'1R_1 R-I 11-1 I L:::J nl R.I R I R-I R 3 ~. ,,-:T I I R-I ~- G.. ......... I~ R'I R'I -!:Iiii 11-, 1=1 _R-I : I R" R-I I ---. R-3 ""ziT" ST. R'I . "- ~ R-' I I R_' R-I I II R'llJ R-I ~ R-I jS,11' jo\ R-S [aI rTJl T 1.:"= R-I\ R'3 T I' ~ I ..... R.' \ C-S AV~ ~ -"",,"D .... '.-:;;- C'SA I I C."" I I C.SA 11 C.SA ~ c-, I T 'CJ:~: ~B@"'" ... ,~.." Lm C'3 IT iooI I R.I '''I R.' II R~S ~ R~S ~t~SITI"'S AI' 10... I',,~ l:l:.:I~T IIIsl A~ R.I rxl R-O ";;:;J:~ R-S ~"IE]S RS T C'S R-' I I R-I 10 " ...-- .. s :~',: l.. ~:: I:I~ :~: : I :~, ILJ R-I I I "';-:J;;J "-I I "-I II'IIl~U T =- ~ .34 N >- .. ~ :: '" ;: H -2 M-I '-< "-I \\m. ~\\ ~~-~m ":;']~ TCl-S R-3 ( Ji!lI: ... .. R-3 ...... Il:NOOP.. ....... C'S '-- - T Ct R-3 M-IA. :: R2 R-3 =8 ::: ::1 fl-3 tEl .. ;;- .. R'3' 'trnEBs T R.2 ,- U R'S R.:- R R-S T ~.S II-! crm-3 R'S 9:..: !~ :_~::: ':::0 ~. · ,.,,, 'f~ I...S I R.3 U I r;;m u "0" "0" ~3T RiAI' T 1t-4 S T .... A~ :3 T R~ A~ S T II-t R~ T ~I 3 rt: 11-' A~ -:::l- :3M A'P A-P I A-P I uuu R-I "0" R-I I R.I II- I .. 1j!i!iJ~ I~~ IlR1!1 R-I I IS! R.3 R-3 18 [ill~ cTs 11-3 T C-S IN A-P C'3 C.3 T R'3 ... CI> ~ R-B 10 f~J 1M ., ~ 11-, I ~ ~ 'T.. ~ I A-P I R.4 bi TV OF SAN BERr:ARDINO C- MEMORANDU,,",'/ To DONALD J. BURNETT, CHIEF OF POLICE From DET. J. EGGERT Subject APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE Date 5-18-87 Approved Date APPLICANT: SOUTHLAND CORPORATION DBA 7-11 Store 2131 southwest corner of San Bernardino, CA Highland and 'E' Street 92402 ASSIGNMENT: I was assigned to investigate the license submitted by the Southland Corporation by Sgt. TULL on 5-6-87, Wednesday. INVESTIGATION: I initially reviewed the application and noted that it was a new application for a Type 20 license (off sale beer and wine). The proposed location was the southwest corner of Highland and 'E' Street. At the present time there is a Standard service station located at this corner. Just west of the proposed location at 555 W. Highland there is a Burger King Restaurant. Directly across Highland in a northbound direction from the proposed location is the playground of Arrowview Jr. High. South of the proposed location within easy walking distance at 1850 North 'E' Street is the campus of San Bernardino High School. This investigation consisted of interviewing the principal of Arrowview Jr. High, the vice principal of San Bernardino High School, and the manager of the Burger King Restaurant. I also conducted a study of the crime rate in this area and received an input letter from the area commander, Lt. DEVLIN. CRIME STATISTICS: The southwest corner of Highland and 'E' is located in Reporting District 650. The crime rate is approximately 9% above the average, however, directly east, across 'E' Street the Reporting Districts of 620 and 630 are located. Reporting District 620 has a crime rate approximately 23% above the average and Reporting District 630 has a crime rate approximately 51% above the average. I conducted two computer studies of crime in the area. I first ran the address of the Burger King Restaurant at 555 W. Highland. Since September 1984, there were four arrests for PC 647f and 25 arrests for drug related offenses at this business. The bulk of the drug related arrests took place between February 1985 and November 1985. ~ ~,frt/:tb;;t!;s time special "buy/bust" programs were conducted by the .;a..:: L ........-,,,,,r' '-.:;;."".f . "-' ,"" APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE PAGE 2 Vice/Narcotics Detail because of numerous complaints of drug activity taking place in the parking lot and alley around the Burger King by students from the local schools. These programs were discontinued and the results were an immediate decrease in the number of drug related arrests. I then conducted a crime study for the intersection of Highland and 'E'. Between February 1985 and the present there were 11 arrests for PC 647f and 1 arrest for CVC 23l52a/b. In addition there were 5 arrests for drug related offenses (see attached computer printouts). I checked both these printouts to make sure that I did not count a particular incident twice. I telephoned DENNIS RODRIGUEZ at the Alcoholic Beverage Control and received information from him regarding census track information. RODRIGUEZ stated that the prospective business will be located in census track 54 where there are nine existing off sale licenses, while only five were allowed. STATEMENTS: At approximately 1515 hours, 5-15-87, Friday I telephoned Arrowview Jr. High and spoke with the principal, Mr. ALVARADO at 882-3781. Mr. ALVARADO stated that his school has grades 7 and 8 and that the students range from 12 to 15 years. Mr. ALVARADO objects to the construction of another convenience store directly across the street from his school. He said there are two convenience stores located within several blocks of the proposed location; one being at Highland and 'H' and the other at Highland and Mt. View. There are also other liquor stores located nearby. This new convenience store would serve as a location where he fears his students would loiter and possibly get into trouble. Mr. ALVARADO stated that there is a serious problem around the Burger King which is just west of the proposed location of the convenience store. Students from San Bernardino High School and Arrowview Jr. High School loiter around the Burger King and purchase/ sell narcotics during the school day. At approximately 1530 hours, 5-15-87, Friday, I telephoned the vice principal at San Bernardino High School, MARGARET HILL. She is aware of the drug trafficking problem in the area of the Burger King, however she felt that the addition of another convenience store would not cause any more problems than she now has. At approximately 0830 hours, 5-18-87, Monday, I telephoned the manager of the Burger King, 555 W. Highland. Mr. ROD CAMPBELL stated that he has had to call the police every day in the past two weeks because of drug dealing in his parking lot and the alley south of his business. He stated the kids from Arrowview Jr. High and San Bernardino High School loiter in his parking lot and in the alley south of his business dealing drugs and generally being rowdy. He stated that he was the manager of Burger King during 1985 when the SBPD Vice/Narcotics Detail was conducting special buy/bust programs in the area around his business. " '0,; ........ '-" APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE PAGE 3 He stated the problem has not been alleviated and it continues on a day to day basis. I also received an input letter from Lt. DEVLIN who is the area commander for the location where the prospective business is to be located. He objects to the construction of another convenience store at this location because there are sufficient businesses selling beer and wine in this area; and due to the fact that the location is so close to schools. (see attached input letter) I also telephone SCOTT WRIGHT of the S.B. City Planning Department. He advised me that the prospective business does not have a conditional use permit and they will be required to obtain one prior to beginning construction. I advised Mr. WRIGHT that the SBPD would be protesting the granting of this license. RECOMMENDATION: Due to the findings of this investigation I recommend that the application submitted by the Southland Corporation be denied. Respectfully submitted: ONm',., ~~ , EGGERT. De ive/rm k? 1f\ .I /~ , ' .. . "-.... ~ SUBJECT, ABC LICENSE APPLICATION PItOM 1 DIT. EtP~ r VICE DETAIL, DATE 1 r-b - fj'7 '1'01 LT. DCllutJ We received a notice on the listed Alcoholic Beverage license and request your input. prior to approving or protesting the application. Please return this form to the Vice Detail with your comments no later than ..s-:-/3 - ~? If we receive no response from you by that date. it will be considered that you do not have any iRter~st. in this matter. PR(;~7"S _ I JI '7 ADDRESS: SIt-v Co.eA/G-.e ///~L4-/./b7 IJ:- ~ APPLICANT: 5{;CI~.cJ &a-"o 7 - / / ~"e/c.e!T TYPE OF LICENSE: 7/E!}...{) ()FF >4U::: ,6'6~ c..-/O/-vG YOUR COMMENTS: ~~A: (tVO If r t( ~) 1> II t ~ U A./iJ tJ I /1.J t... WVl . -., / S It- t../t;J(..f:J1C. S '7l/t?? a -r .z / s.!- Some ,;45c) Fe&T ~ !//jhli;iJj ;;;f~ehNtJUjh fJlates Je'!/;~9 /3eev i );?u J ---nh:;-I./I-re~ '/7)1) C~S e- TO , Jr2 4.1J]) //fJO 77ftrz IS JOST No retSoAJ - -COpy ..'?J:~~W <: ...' ...'\ ,l. J. <.~ " I.,.,.. .. .... . . ~.r~" - .. _ w.... _. rw. U.-Ior It~..".r. OlIlco 00Ir APl'UCATlON .0. ALCOHOLIC IIVIIAGI UCINII(I) I. TYPE(S) OF lICENSE(S) fiLE NO, T.: De",,'I"''''' of Alcoholic Iev,'ogo Control RECEIPT NO, 190 1 Iroodwoy 353093 Socramonlo, Calif, 9581a San krnarcUno GEOGRAPHICAL I Dt,,...CT ...'11'1"0 ~OC""IONI Of1 CODE 3610 Siilr b..r " 11I1".. l2l!) Tit. undoroiQn.d It".by oppll" for Ooto 'icon." d"c,ibo(/ o. 'ollow.: IlIuoc! T.mp, Permit 2, NAME(S) OF APPLlCANT(S) AppHoc! under See, 240~~ ~ l>"utbl...:.c: Curp(lrgtlOi.., Tnt Elfocti.. Ooto: 5/1/88 EIf.cliv. 0010, 3, TYPE(S) OF TRANS"'CTlON(S) FEE LIC, TYPE E !<isr 9 $ New ,nn nn ~n ;J II. oJd -:> Annual I'oe ?" nn C'l' -i-< Sf./ 4, Name of Busine.s 7-l.Hv~" ~tOl'c:. ~.L31-nt:\r 5, Location of Business-Number and Street ~"c big:.i..iIH.. :~ 11,[,1' City ond lip Cod. County $ ~ci1. ,r,trh"rcill.L', Cto ::..:4J.: 5".;.t. b-=.r14o.rClint) TOTAL ,?O n~ 6. If Premises Licensed, Show Typ. of Lic.n.. a, Moiling "'ddr... (if dill.ron' from 5)-Numb.r ond Slro.1 1'. C. b",. b~LlJ, A;...heb., Gii Y:':otio 9. Have you ever been convicted of 0 felony? 7. Are Premises Inside City limit~? Yes bi:t:" i.o.t l:c.."':h.t:.i:.i (Temp) ".,,"') Pel'lll 10. Have you ever violated any of the provIsions of the Alcoholic 8everage Control Act or regulations of the Deportment per- taining to the Act? which sholl be deemed port of this application. 11. Explain a "YES" answer to items 9 or 10 on on attachment 12. Applicant agrees (a) that any manager employed in on-sole licensed premises will hove 011 the qualifications of a licensee, and (b) that he will not ....iolate or couse or permit to be violated any of the provisions of the Alcoholic ae....erage Control Act. 13, STATE OF C...lIFORNIA Countyo! ,__n?~_'!_~~!'!!.!!'p._;~~_n___nn _n_ Do'. nn_~DBn n___ n_____ Und.. ~o"~ of p.,jv'~ .oc... p.r.o.. ...hOM ,ignalv,. oppeo" b..lo..., ce.lif,.., o..d laY' [11 H. i, ,h.. opplitonl. 0' on. of Ih.. opp\,con" O' an ".~u', . 0""1'1' of ,h.. opplieo..1 co.porOhOl'. no,.".d i.. Ih.. loregoing opp1ieGtio". duly ovlho.il.d 10 mG." ,...i. Oppl'(Olio" 0" ," b.hotf; ,2 lhol h.. 1.0. ...od II... to" VO'''\il GppJieolio.. D"d ....0_' Ih.. eo..I."" Ih.r.of and thol .oeh o..d all of Ih. .Iot..",..n" th.....;.. ,."od. 0'" f,u... l. thot no perlO" olt,.., Iho" II... oopJiCG'" o. oppl;eonh ho, on~ dirKI or indi..el ;nl..,." i.. 1100.. opplieon" O' opplieo"" bv.i".... 10 be condue,..d v"d.., th.. Io,.n,...' fa. ...hith fh'l Oppl;(Olio.. 'l ...ode 1"1 Ihol Ih.. f<o".I.. opp'icol,o.. 0' propoud I,g...f., i, "01 mod.. '0 .a';lf~ 'h.. 1'0.,.,.".,,1 of a loan 0' to lulr,1I on og,...m.nt .""..,..d ''''0 mo... tho.. "i"..I~ 90 do.,.. pf.c..dinll t"'. do.,. 0" ......ieh Ih. Iran"., oppheol'o" '. fil.d ....ilh Ih.. O.po.lm..,,1 or to goi.. O' "'Ioblilh 0 p...fe...",.. 10 O' for ""',' e,..d,.o. of If",,~f.'a' .... 10 dtfrolld 0' .njvr. any (f.dito. of tran,f..o., 15' t"'o, Ih.. tro.n$'''' opplieolion may b. ...ilhd.o....n by ..ith., Ihe opplieo..1 a. Ih.. li,."..... ...ilh no 'uvlting liability 10 th. DtPO.I",.nl, 'ltn. ~0~1t.....A....\: Clll...t....J(\J..i ll'j\ 1~, ~~~ICH...~~_Ll_cd!d_L~_YIi:iJ~ -----------------------------------------------------------. ig VU..,;;iJ..!'" .... '!UL.b...t.-l. .t>"':l[.;iblQ.,.l 5~..:re:~.c, ----------------------------------------------------- , --~----------------------------------------------------------. .- APPLICATION BY TRANSFEROR .j. .~ 15, STATE OF CALIFORNIA County of __n____nn_n____nn______n_______ Dato ________nn________n______ , Und.' penol'~ of p.fjU'." .oeh penon ....ho.. ,ig"OlVft opptor, b.la..... c..lif'''l ond '0.,., r I) H.. ;, 1101.. I;e..n..e. O' 0" ."(utiv. otr,n' 01 'he ~O.pO'ol.. I"."..., na",ed i.. Ih. fo'."Oin9 t,onl'.F oppl;ce1ie... dul.,. oulho.il..d 10 ",oil.. 1101,. tron,f..' oppli,olion on ill bthalf; .2i thel 101.. h...b~ ",all., Oelplo,olio.. 10 .II.,....de. 011 i",I.'ell i.. 1101.. ottoch.d li,...l.li) d.".ibtd b..lo... and '0 Ira...'.. 10"'. 10 ,h. IIppliconl and 0, locolio" indicot.d 0" th. IIPP'" PIiI"o" 01 ,hi. oppl;~alia" fo,m, if ,ueh t.on.f.. i. opprov.d b.,. the Di'ft'o,, ,l: 110101 '101.. Iron,f., opplieotion o. propo,.d fro...I.' i, not mod. 10 ,ali,f., the poym....1 01 (l 100" 0' 10 h,If.II 0" a9,..m.,,1 ."I....d i"IO mo.. Ihon nin.t.,. day, pr.c.di"ll the day 0" ...hi,h Ih.. Iro..,I., opplieo1io.. i$ "11'd ...ilh 1101. 0..portm."'8t:I' 10 go;" O' ...Iot-I'lh 0 p,.f......e. '0 a. In. on, ,..diIO' of ho",I...o' O' 'a d.f,oud a. ,njV'. O"y cr.dilo, of lron.I...of, .("': Ihol 1101. 'ronll.. ooplicolio" mO( b. ...,Ihd,o...." b~ ..i'....' ,... _ ".'Irl~,..__...~. .,. r , , ~ "-" CITY OF SAN BERNARDINO Census Tracts 1980 - ~ ~__i ~ 1..--, ~____ '.._ I .~ .-_........ ., . ; , , '- "'- '-- '01 ..--... --~ {re ~.~:;.:.:_:"- I"'/~" :~-. ~..,.', ~ 1_,..,., -:-:'7'; ;....c...!!:::, ~.. !:' _~ .r. - a t!_ - . - -~--,- ~~~ ~ ." -. .. ~ ~------ '01 " ---, ----~ "'-:..' ,...... 62--:' . ., )C'_~ ... .....__ to; . ...,.......rJ ~ e3 ~ :-~ ,p'__F" ~ I / ' , 740'~, 75 :1~~~.: .'" l! ... ' '-~ ""i~ , -'..L.. :' .... : 71.02'_ ".'L.... 64.... r_.1 ! .-. , ... , , . i 76 .J .. -', << E & . .... r__ (! 72 : I ,.__~ L____' ---~o LOS j~C(~f5 ,.." ." I'r _..ae",,,,,,, ,. . ,,&...........5 i.."D ... ----- " i \ -, z, ~ ~--..., , , I I , - - ---, . . , 79 ~.! / c..---' --' . J I I I I I , , .. . .. & .. J .. .. .. Z .. ! , I ATTACHMENT E ~ ~70 Arc~ald Ct. Colton, Ce. 92324 July I, 1987 City Planning Department 3CD North D Street San Bernardino, Ca. ~2416 RE: Ccnditconal Use Permit No. 87-36 ward #5 Deer Planning Dept.: According to a redent notice, again there is someone asking for a permit for sale of Alcoholic beverage in a shopping center near our apartments. We rent to reliable people who are quite permenent residents, and it is our sesire to keep these persone in as safe a situation as Possible. There have been vandalism attempts in the alley and sometimes other disturbing factors. With the sele of liquor within a block, we cp~ snticipate calls to the police more often than now. What seems quits alarming to us is that the school, a school, is so close to the Buggested proposed centsr. are plenty permits for sslling alcoholic beverages in it appsars unwise to havs it so hsndy to the schools. junior high Certainly there the are, and Therefore, we would really appreciate it if this would be dinied at this time. Thank you. of OOlli@!~~W~[ID JUll16 19a1 CITY :'~,;f::'-:,:;: '::,'.liliillENT SAN SER::.U;i:HNO. CA , , ---..-- r ...... .......J .. July 19. 1987 ~ / REI Conditional Ose Permit 87-)6 [. , City of San Bernardino Planning Commission )QO North "D" street ;)an bernardino, CA 92418 Dear liembers, We wish to register our objection to the granting of Conditional Ose Permit 87-)6. We feel that a 7-11 store with a liquor license should not bit per!!!itted at the corner of liighland and "E" street. Such a store is not necessary since there already are two 7-11 stores in close proximity to this location. One is located at Highland and "H", and another at. Hignland and !It.. View. In addition, across the street frolll the proposed location there is a liquor store which sells groceries. This l118ans that) stores selling Uqllor and groceries are located within a ) block radius of the proposed new 7-11. A fourth such store seems unnecessary. Such a store would provide a gathering place for' undesirable elements such as drunks, drug dealers, and other W'ldesirables. Since this location is directly adjacent to a Bllrger Aing known to be a hangollt for drug dealers, this would seelll to be an unwise combination. !!!any studenta pass the Highland and "E" Street location on their way to and from Arrowview Junior High School, which is across the street, and San Bernardino High School, which is 21- blocks away. A 7-11 Store would provide a convltnient congregating place for the students and also increase their contsct with undesirable elements. The location at Highland and "EI' streets poses two additional problems. The intersection of two main streets and t.he close proximity to the freeway I118kes tl1is location a likely set-up for robberies, wh;l.ch trouble this type of store anyway. Also, it will be increasing traffic congestion at an intersection that already has one of the highest nWllber of traffic accidents in the city. 'lie feel that tnree stores for the off'-site sale of alcoholic beverages in this area is enough. We also believe that granting this permit will ultimately result in additional problems for the police and for residents of the surround ins residential area because of increased drug traffic, burglaries, robberies, distur- bances,. and traffic congestion. 'lie, therefore, request that Conditional Ose Pel'!!lit 87..)6 be denied. I l I o W1. " iJ "=,ur:;l,~,n['?, ;.'" ',. I ". ", i'" ,.. " f!;J ........ ___ _ ~ _ i.::I lID Sincerely, ~~v~A~-'~tI ~~ JUl 20 1987 Maurice Scanlon Geraldine Scanlon 474 w. 2)rd Street San Bernardino, CA 92405 CITY P1ANN!;~S CEPARTMENT SAN BERNAnDINO, CA , '-' '- <:> , J::b::ry /ttlT\ I 74/ Y / c/ <67 , 'I _~_ wr,'tiY'.$. tt> you to f(,DTE'S., - t- ttll: -hu i I~ (51' n c/I""-Ie t- Sft;Y~ ~ t-h G _____-'-CorYL:_ ,0/ _YQf':-:__{rrrJ._l11ov.n1'1':h/L_V!~_t....J__ItV~_ , " ___1 V\_.s,~"1'L_B c/.,n D I ____ __ ,_ ,--, -- - ._____ _ _, ,_ _f.,.) c: __Jvrr/E rrLftlA--f:J_Y___s tr:r 1:-3 J n__ t1\ t:.._1trf:.71_ _ , '. ---------,-8i('J:r-:--:L1--Wov.LclJa-c.. tJ t~G"_m _kL~E_________ _n ,'~____--L~O'YVl_e 1 1. ,~"8,-p..).1,-futt~ __~__tht;_, _Ch,'_L~~~_,___ j ____ _ _n_ Ll0.tt, ~ , .I1!;8'3-r~ _~pIG R --SJc.frtlnf r/1A t- . ____ ,,--.or- _17_JJ1Jj-'.)~f:_~_c-~rr-..._____ ________uu___n , .-{ _.___.__~_~._____~_._._.._._._________________.____ .n_ __ ______ ___ _....__ __ _ _______... ...______ --- -rh./f11 k. -}lOLl I - - - - - _ _____ n_______ _____.__..._.____________ -------- _ u_ _ _ ____ ---1nrs, L1J~ynpy-- - - - .._ __ __.._ - ___. _____ .__ ._.. __.. _____n__ _ __ _____ _. . ...__ __._ _____ ' 39-1.7 /J. mf- U/<:-r..J :5,{3 C?f _ _'_n_______ __9~~,s- _ _g~;;-S_/31- .,------- 00- rn @ rn~J mill JUL 20 1987 CITY PlAW~:NG DEPARTMENT SAN BERNAflDINO, CA ......- - - August t?~t'tt.~!I'J."I.. Off. SEP -3 "11\' 04 \381 i;;' II #V? Mayor and Common Council 300 No. D. St., San Bernardino, CA 92418 Re: Appeal of Planning Commission's Denial of Conditional Use Permit No. 87-36 Ward #5 Hearing Date and Time: Tuesday, Sept. 8, 1987, 2:00 P.M. Dear Mayor and All Council Members: As most concerned citizens, we are requesting strongly that you reject the appeal by applicant in the above stated matter and deny the approval of a Conditional Use Permit to permit the off-site sale of alcoholic beverages within a proposed shopping center in the C-3 General Commercial Zone. Our reasons are stated below: 1. The subject property is located at the South-West corner of Highland Ave. and "E" Streets. This site is directly across the street from Arrowview Junior High School and would be too readily available to students going to and from school. 2. There is a liquor store at the corner of 21st and "E" Sts. already in existence, which is t block from the proposed site. We certainly do not need any more liquor stores. 3. San Bernardino High School is close-by, at 19th and "E" Sts. Many, many students frequent the fast food restaurants located on Highland Avenue on their lunch hour from school. The proposed site is directly adjacent to one of these restaurants, i.e. "Burger King". Again the proposed site would be readily available to students. 4. Liquor stores tend to attract undesirables and we do not want this in our residential neighborhood. 5. There are too many liquor stores in San Bernardino. We certainly do not need another one. In closing, we again respectfully request that the Council deny and reject Conditional Use Permit No. 87-36. Thank you. . b~'7Ybk1 J/j~j~ ~J~ A~,,~.t:L Donald H. 'IS;;,~Jrl;;Y a.rid {hJhS Dunniway {/T - 579 W. 21st st., San ~ernardino, CA 92405 /., ;/",/ / Telephone 883-3885 \ ....< {.,''',,--,-,~ ~', ; . ..---' .- --- d/, / ,/ Or 7i /' I -~