HomeMy WebLinkAbout49-Planning
. CIO OF SAN BERNARDOO - REQUI()T FOR COUNCIL AC:)ON
R. Ann Siracusa
From: Director of Planning
Subject:
Appeal of Conditional Use Permit
No. 87-41
Dept: Planning
Mayor and Council Meeting of
September 21, 1987, 2:00 p.m.
Da~: September 21, 1987
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Synopsis of Previous Council action:
On January 15, 1987, the City's Development Review Committee approved
Review of Plans No. 86-117 for the commercial center in which the
proposed alcohol Conditional Use Permit is requested.
On August 4, 1987, the Planning Commission unanimously denied
Conditional Use Permit No. 87-41.
Recommended motion:
That the Mayor and Council deny the appeal and Conditional Use
Permit No. 87-41.
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Signature R. Ann Siracusa
Supporting !lata attached:
Staff Report
Ward:
384-5357
4
Contact person:
R. Ann Siracusa
Phone:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
Agenda Item No. Ljf?,
< CM OF SAN BERNARDC.O - REQUOT FOR COUNCIL A~ON
STAFF REPORT
Subject: Appeal of Conditional Use Permit No. 87-41
Mayor and Council Meeting of 9/22/87
BACKGROUND
On August 4, 1987 the Planning Commission, after conducting a
properly noticed public hearing, denied Conditional Use
Permit No. 87-41 for an off-site alcohol outlet for a Circle
K convenience store in a proposed retail center located at
the southeast corner of Mountain View Avenue and 40th Street.
The commercial center was approved January 15, 1987 by the
Development Review Committee.
The vote on Conditional Use Permit No. 87-41 was unanimous to
approve the negative Findings of Fact (8 Commissioners in
attendance) (Attachment nAn).
An appeal to the denial was filed by Mr. Paul Max, a partner
of L & M Development Group, the owners, on August 14, 1987.
In his appeal (Attachment nBn), he contends that:
1. Both the zoning (C-2) and General Plan (General Commer-
cial) designations for the project area allow the sale
of alcoholic beverages.
2. The proposed use is in conformance with the surrounding
areas.
3. The application is for beer and wine sales for off-site
consumption.
4.
The project will be allocated to
the center, a convenience market,
its shelf space will be utilized
holic beverages.
one space only within
and that only 25% of
for the sale of alco-
5.
The only other convenience market
a mile to the east and that this
the neighborhood.
in the area is 7/10 of
addition would benefit
6.
The project
store, as
ncn) .
is for a convenience market and not a liquor
was noted in the staff report (Attachment
The Police Department submitted a recommendation (Attachment
nOn) for denial based on the number of other alcohol outlets
in the area. The Police investigator interviewed several
residents that live adjacent to the proposed site. He
reported that the owner of the apartment building that shares
the alley is very concerned with a Circle-K going in because
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Mayor and Council Agenda of 9/22/87
Appeal - Conditional Use Permit No. 87-41
Page 2
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of the problems they already have with the bar located next
door to the apartment building.
A letter of protest was received from Mrs. Wagner who lives
across Mountain View Avenue from the project. She feels the
area has too many stores already (See Attachment "E").
Several neighbors spoke at the Planning Commission meeting of
August 4, 1987 stating their concerns with noise, traffic,
late hours and the potential for crime related to the opening
of Circle-K. The neighbors would much prefer to see some
land use related to children go into the area.
The ABC investigator on this application, Jan Clark, states
that they will protest this case because of the proximity to
the residential area, and, although the crime rate in this
area is low, 93% of the crimes reported are drug or alcohol
related.
ANALYSIS
The findings necessary for a Conditional Use Permit for the
sale of alcoholic beverages address both overconcentration of
the use and its compatibility with the surrounding area.
The Police report shows nine locations with licenses for off-
site consumption within a 4/10 of a mile radius and eight on-
site consumption licenses in the same general area. One of
the off-site outlets is a new Lucky Store just across 40th
Street from this project. In Census Tract No. 51, which is
the location of this project, there are already ten licenses
for off-site consumption and only seven are allowed by the
population of the area according to the ABC standards.
Although the ordinance does not define overconcentration,
these figures exceed both the Police Department's and the
ABC's definitions.
A commercial use of this site is compatible with the land
uses to the east and north. The new Lucky Store will offer
both alcoholic beverages and groceries. The advantage to the
community of the extended hours offered by the Circle-K is a
problem to the residents to the south and west of this site
because of late night traffic and noise associated with 24-
hour uses and the potential for crime.
CONCLUSJON
There are a sufficient number of outlets for the sale of
alcoholic beverages within this area to meet the needs of the
residents of the area and the public. The increased late
night traffic, noise and potential for crime render this site
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Mayor and Council Agenda of 9/22/87
Appeal - Conditional Use Permit No. 87-41
Page 3
inappropriate for the sale of alcohol for off-site consump-
tion.
COUNCI!>. ~!;.'!'J9~
The Council may deny the appeal and uphold the Planning
Commission denial of Conditional Use Permit No. 87-41 or may
uphold the appeal and approve Conditional Use Permit No. 87-
41. 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~!;OMM.J;:NDATION
Staff recommends that the City Council deny the appeal and
deny Conditional Use Permit No. 87-41.
Prepared by: Vivian Stevens Leach for
R. Ann Siracusa
Director of Planning
Planning Department
Attachments: Attachment A - State of Official Planning
Commission Action
Attachment B - Letter of Appeal
Attachment C - Planning Commission Staff Report
Attachment D - Police Report
Attachment E - Letter of Objection
VSL/mkf
9/9/87
DOCUMENTS:M&CCAGENDA
CUP874l
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C ATTACHMENT "0
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
Conditional Use Permit No. 87-41
Applicant:
Oro Engineering Corporation
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. The proposed use is in conformance with the Goals and
Objectives of the City of San Bernardino General Plan,
which designates the site for General Commercial.
The project will blend well with the existing land use
to the east, west and north. However, the residential
use to the south will be separated only by an alley:
therefore, there is the potential for the proposal to
adversely affect the growth or deve~opment of the area.
The .58 acre rectangularly-shaped parcel
this application is of an adequate size
allow the proposed use.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
designed to carry the traffic in the area. Access is
provided by twenty-five foot driveways to both 40th
Street and Mountain View Avenue. The project has
adequate on-site parking.
proposed by
and shape to
5. The granting of Conditional Use Permit No. 87-41 will be
detrimental to the peace, health, safety and general
welfare of the citizens of the City of San Bernardino
due to the fact that there exists a high concentration
of like and similar uses in the immediate area.
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City of San Bernardino
STATEMENT OF OFF~CIAL PLANNING
Page 2
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COMMISSION ACTION
VOTE
Nays:
Abstain:
Absent:
Brown,
Nierman,
None
None
None
Cole, Corona,
Sharp, Stone
Lindseth,
Lopez,
Ayes:
I, hereby, certify that this
accurately reflects t e final
Commission of th Cit of San
Statement of Official Action
determination of the Planning
Bernardino.
Signature
R. Ann Siracusa, Director of Planning
Print or Type Name and Title
1
RAS/mltf
DOCUMENTS:PCAGENDA
PCACTION
8/05/87
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OTACHMENT "B" 0
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1987 AUG I 8 '.Me: I] 2
L&M DEVELOPMENT ~~OUP
August 14, 1987 I ED-C!TYClER~'
'H7 AlIi 17 P 1 :42
City of San Bernardino
City Clerk's Office
300 North "D" Street
San Bernardino, California
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92418
AUG 18 1987
Re: Conditional Use Permit No. 87-41
CITY FLM;;~:3 C::?ARTMENT
SAN BERNARDINO. CA
To Whom It May Concern:
This letter shall act as our request for appeal before the
City Council in regard to the denial of our Application for a
Conditional Use Permit.
The hearing date for the Conditional Use Permit application
was held August 4, 1987 before the Planning Committee and through
a communications error we were not represented at that hearing.
We were informed of this denial only two days ago, on August
12, when we had a telephone conversation with our engineers who
acted as applicants on this request. We have not received copies
of any correspondence regarding the denial.
We would like cite the following reasons for our appeal to
be brought up before the City Council:
I, The proposed site is zoned C-2. community commercial and
has a general plan land use designation of general commercial.
Both the zoning and general plan designations allow the sale of
alcoholic beverages.
2. The proposed site is located on a primarily commercial
street and the proposed use would be in conformance with the
surrounding areas. .
,
3. The requested Conditional Use Permit was for off-sale
alcoholic beverages (beer and wine only). No hard liquor will be
sold or consumed on the premises.
4. The Conditional Use Permit will be allocated to one
space only within the center (for a convenience market) and that
the sale of the alcoholic beverages does not exceed 25 percent of
the overall shelf space within the convenience market.
5. The addition of a convenience market in the area would
benefit the overall neighborhood as there is only one other such
similar convenience market and it is approximately 7/10 of a mile
to the east.
12345 VENlURA BLVD.. SUITE T. SlUOtO CIlV. CA 91604 . (818) 506-5288
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City of San Bernardino
August 14. 1987
Page Two
6. Planning Staff's notation that the proposed project will
be a liquor store was in error; our definition of a liquor store
is the ability to sell hard liquor. The convenience store will
be licensed for only the off-sale of beer and wine.
We feel that we will be able to adequately show proof and
documentation to the City Council to reverse the Planning
Commission'~ decision. Please inform the undersigned when our
hearing date has been scheduled.
Thank you in advance for your early response in this matter.
I remain.
GROUP
Y
PM:djh
cc: Mr. Mike Maudsley
Councilman - 4th Ward
Mr. Phil Arvizo
ATTACHMENT "c"
CITY OF SAN BE~DINO PLARNING
SUMMA~Y
DEPARTMENT ~
3 b I
AGENDA ITEM ---
H€ARING DATE AUQust 4. 1987
WARD 4
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APPLICANT: ro ng1 neer1 ng orp.
23961 Craftsman Rd. Suite 8
~ Conditional Use Permit No. 87-41 Calabasas, California 91302
ct OWNER: L & M Development
(.) 12345 Ventura 81 vd. "7"
Studio City, California 91604
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The applicant requests approval of a Conditional Use Permit under
authority of Code Section 19.26.020 (8) 15 to permit ,the sales of alcoholic
beverages for off-site comsumption on a 0.58 acre site'in the C-2.
Community Commercial District, located at the southeast corner of 40th
and Mountain View Avenue.
C EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
Subject vacant C-2 General Commercial
South single familyjapts. R3-1200 Res. Med ./Hi gh
East utility Substation C-2 General Commercial
North new retail center C-3A General Commercial
West used car lot C-3A General Commercial
GEOLOGIC I SEISMIC DVES FLOOO HAZARO DYES ',OZONE A ( SEWERS !XI YES )
HAZARD ZONE l!l NO ZONE [!NO 'OZONE B ONO
HIGH FIRE DYES AIRPORT NOISE I DVES REDEVELOPMENT DVES
HAZARD ZONE fUNO CRASH ZONE UlNO PROJECT AREA DNO
..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
ct APPLICABLE EFFECTS 0
.... WITH MITIGATING - 0
ZU) MEASURES NO E.I.R. tc CONDITIONS
I&.IC!) CXI EXEMPT o E,IR. REQUIRED BUT NO ...0 9
2Z ...Z DENIAL
Z- SIGNIFICANT EFFECTS ~
00 WITH MITIGATING j!2 0 CONTINUANCE TO
a:Z MEASURES 02
:;i&: 0
z oNO o SIGNIFICANT EFFECTS (.)
~ SIGNIFICANT SEE ATTACHED E.RC. ~
EFFECTS MINUTES a:
NOV 1981 RE.VISED JULY ..'2
SKY
CITY OF SAN BE~ARDINO PL~NNING DEPARTMEN
.. CASE C.U.P. 87.41
OBSERVATIONS
(
AGENDA ITEM
HEARING DATE
PAGE
3 b
Aug. 4.
2
1987
REQUEST:
1. The applicant request approval of Conditional Use Permit under authority
of Code Section 19.26.020 (B) 15 to permit the sales of alcoholic beverages
for off-site consumption in a proposed retail commercial development. The
applicant proposes to use approximately 2,700 square feet of the total
8,500 square foot retail space for the sale of alcoholic beverages. The
applicant is requesting authorization to utilize the permit in either of
two alternative locations within the center. (See Exhibit "A".)
LOCATION AND LAND USE:
2. The .58 a~re site is located at the southeast corner of 40th and Mt. View
Avenue. The property is currently vacant. The site is at the western edge
of 40th Street commercial cO,,"with retail to the east, west and north and
residential to the south.
GENERAL PLAN AND ZONING:
(
3. The proposed site is zoned C-2, Community Commercial, and has a General Plan
land use designation of General Commercial. Both the zoning and general
plan designations allow the sale of alcoholic beverages with an approved
Condition Use Permit.
TRAFFIC AND CIRCULATION:
4. The commercial center was approved for retail use under Review of Plans
sa-117 on January 15, 1987, by the City's Development Review Committee.
Circulation, egress and ingress were addressed in that review and deemed
adequate. Tbe proposed use does not cnange the traffic impacts of this
site.
NEIGHBORHOOD IMPACT:
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5. Several community facilities are found in the surrounding area. Wildwood
Park is approximately 1,600 feet to the northeast. The Church of Jesus
Christ of Latter Day Saints and Golden Valley Jr. High School are .4 miles
to the south. Arrowhead Elementary School is due south approximately
180 feet and 40th Street Tiny Tot Lot is just across Mt. View from the
proposed site.
AGENCY COMMENTS:
6. The Police Dept. has submitted a recommendation for denial based upon
an over saturation of this type of facility in the area. Presently, there
are eight (8) retail esta~lishments selling alcoholic beverages for off-site
consumption within approximately 1,500 ft. of tbis proposed site. In addition,
seven (7) restaurants within tl\is area sell alcoholic beverages for on-site
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CITY OF SAN BE~ARDINO PL~NING OEPARTMEN-
CASE C.U.P. 87-41
OBSER\/ATIONS AGENDA ITEM -2..0~ ---=
V'"' I HEARING DATE Auoust 4. 87
PAGE 3
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consumption. The Planning Staff has noted that these establishments
primarily sell alcoholic beverages as incidental to their business.
The proposed project will be a liquor store and there is one other such
store in the area. The proposed outlet is approximately one third of
the total retail project and as such does not conflict with the general
retail use of the area. However. the proximity to the residential
neighborhood and community facilities as well as the number of retail
establishments already in the area, cause concern for the stress another
facility of this type will have on tfte area.
ENVIRONMENTAL CLEARANCE:
7. At their" regular scheduled meeting of July 9. 1987, the Environmental
Review Committee determined the Conditional Use Permit No. 87.41 to be
categorically exempt from the California Environmental Quality Act,
Section 153Ql, Class 1.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT-
CASE C.U.P. 87-41
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FINDINGS of FACT
AGENDA ITEM
HEARING DATE
PAGE
3b
Auaust 4. 87
4
1. The proposed use is in conformance with the Goals and Objectives of the
City of San Bernardino General Plan, which designates the site for General
Commerical.
2. The project will blend well with the existing land use to the east, west
and north. However, the residential use to the south will be separated
only by an alley; therefore, there is the potential for the proposal to
adversely affect the growth or development of the area.
3. The .58 acre rectangularly shaped parcel proposed by this application is of
an adequate size and shape to allow the proposed use.
4. The traffic generated by the proposed use will not impose an undue burden
upon.the streets and highways designed to carry the traffic in the area.
Access is provided by twenty-five foot driveways to both 40th Street and
Mountain View Avenue. The project has adequate on-site parking.
5. The granting of Conditional Use Permit No. 87-41 will be detrimental to the
peace, health, safety and general welfare of the citizens of the City of
San Bernardino due to the fact that there exists a high concentration of
like and similar uses in the immediate area.
RECOMMENDATION
Based upon the observations and the negative Findings of Fact contained herein,
Staff recommends denial of Conditional Use Permit No. 87-41.
Respectfully submitted,
R. ANN SIRACUSA
Director of Planning
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BERNARDINO
PLANNING DEPARTMENT
CITY OF SAN
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CASE (",TT'P 1\Tn ~7 _b..'
HEARING DATE AUQuS t 4.. 1987
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" .EMORANDUM
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To
DONALD J. BURNETT, CHIEF OF POLICE
From DET. R. RICE
Subject APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE Date 8-3-87
Approved
Date
APPLICANT NAME: CIRCLE K CONVENIENCE STORES
P.O. Box 52084
Phoenix, Arizona 85072-2084
PROPOSED LOCATION: southeast corner of 40th Street and Mt. View
San Bernardino
LICENSE TYPE1 Type 20 off sale beer and wine
.
At approximately the second week of July, 1987 I received an ABC
form 211 application for alcoholic beverage license in the name of
Circle K Convenience Stores for the location of the southeast corner
of 40th Street and Mt. View. Within the third week of July, 1987
I put together an investigation which included all off sale general
and off sale beer and wine licenses in the general area within 4/10
of a mile of the proposed location. The investigation showed six
locations within 4/10 of a mile with off sale general license
privileges. One of those is the recently completed Lucky Store
directly across the street from the proposed location. A survey
of the off sale beer and wine licenses within 4/10 of a mile revealed
three licenses.
Any customer within 4/10 of a mile of the proposed location could
purchase beer and wine at nine individual locations. Furthermore
there are eight on-sale licenses in the same general area.
The proposed location is in census track #51 which has ten existing
off sale licenses where seven are allowed.'
A discussion with ABC Investigator JAN CLARK revealed a protest by
their agency due to the proximity of an apartment complex and a single
family residence which share the same alley as the proposed location.
On 8-3-87 I made contact with Dr. E. V. HOLDING at his residence,
3982 Genevieve, Apt. #3. Dr. HOLDING indicated he was the owner
of the six unit apartment complex and was definitely against the
issuance of an ABC off sale license directly across the alley from
his apartment complex. The occupants of Apt. #1 (only other resident
at home at the time of my contact) indicated they also were against
the Circle K going in. Dr. HOLDING indicated that the off sale beer
and wine license at this location would only serve as a larger problem
than already exists with a bar next to his apartment complex called
The Market. He says right now customers of The Market at 0145 hours
c
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~
APPLICATION FOR ALCOHOLI<< BEVERAGE LICENSE
PAGE 2
when the doors close use the front yard of his apartment complex
as a bathroom. He feels the problem will escalate once the subjects
are able to buy alcohol within 30' of his apartment complex.
RECOMMENDATION:
I recommend to the Chief of Police of city of San Bernardino to protest
the application for alcoholic beverage license by Circle K Convenience
Stores at the southeast corner of 40th Street and Mt. View, San
Bernardino.
.
submitted:
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