HomeMy WebLinkAbout30-Development Services
MAYOR & COMMON COUNCIL
MEETING BACKUP
MEETING DATE: December 3, 2001
Mayor and Common Council /
GROUP MEETING: Community Development Commission
DEPUTY:
Linda Hartzel
*** No backup materials are included for the following items. ***
ITEM # STATUS
27 Laid Over
28 Continued to March 2, 2002
29 Continued to December 17, 2001
30 Continued to January 22, 2002
31 Continued to December 17, 2001
R37 Laid Over (ordinance only)
C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: James Funk, Director 0\ ,r::=;,
Dept: Development Service~ " " j'Yll
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,
Date: November 19, 2001
Subject: Appeal of Conditional Use
Permit No. 01-14 to upgrade an Alcohol
Beverage Control Type 41 on-sale beer
and wine license to a Type 48 On sale
general license, located at 1689 Kendall
Drive. .
MCC Date: December 3, 2001
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council deny the appeal and uphold the Planning
Commission's approval of Conditional Use Permit No. 01-14, based upon the Findings of
Fact contained in the Planning Commission Staff Report.
~~a~
Contact person: Amn I ;"ng
Phnn... 'lR<l_'>n'>7
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount: N/A
Ward: 5
Source: (Acct. No.)
Council Notes:
Finance:
Agenda Item No.
JD.30
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
APPEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT No. 01-14
Mayor and Common Council Meeting of December 3. 2001
Owner:
Mary V osoughi
1580 Crestview Road
Redlands, CA 92374
(909) 793-6788
Applicant:
Shashi & Girish Patel
1689 West Kendall Drive, Suite H
San Bernardino, CA 92407
(909) 41'3 391
'173-3"30'1
Appellant:
Harry A. Lee
1699 Sheridan Road
San Bernardino, CA 92407
(909) 887-9620
REQUEST:
The appellant is appealing the Planning Commission approval of Conditional Use Permit No. 01-
14, to upgrade an ABC Type 41 (on-sale beer & wine - eating place) to a Type 48 (on-sale
general - public premise) liquor license with live entertainment at Fanatics Restaurant located at
1689 Kendall Drive, Suite H, in the CG-I, Commercial General, land use district.
BACKGROUND
At its meeting on October 16,2001, Planning Commission voted 6 to I to approve CUP No. 01-
14 to allow Fanatics Restaurant to upgrade its ABC license from a Type 41 license to a Type 48
license with live entertainment. Commissioners DUff, Enciso, Lockett, Ramirez, Sauerbrun and
Thrasher voted in favor of the motion, Commissioner Garcia voted against the proposal and
Commissioners Derry and Welch were absent.
The appellant spoke in opposition of the proposal and disagreed with the Planning Commission's
decision at the Meeting of October 16, 2001. As a result, the appellant filed an appeal to the
Mayor and Common Council on October 31, 200 I. The appellant is asking that the Mayor and
Common Council overturn the decision of the Planning Commission and deny the ABC upgrade
based on his evidence that was not presented in the initial investigation by the Police
Department.
The appellant's grounds for the appeal are that the investigation by the Police Department was
incomplete. The appellant contents that the neighbors were not consulted and that the Police
Department only contacted one resident at 1684 Sheridan Road. The appellant also states that the
noise levels are excessive and that there is loitering and public drinking as well as people
urinating in public at the commercial retail center. The details ofthe appeal are in Exhibit C.
Refer to the Planning Commission Staff Report, Exhibit B.
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AP No. 01-05
1689 Kendall Drive, Suite H
Hearing Date 12/03/01
Page 2
CONCLUSION
Based on the Police fmdings and the City's records, staff found no supporting facts and data to
support th~ appellant grounds for the appeal.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the
Planning Commission's approval of Conditional Use Permit No. 01-14, based upon the Findings
of Fact contained in the Planning Commission Staff Report, subject to the Conditions of
Approval.
Respectfully Submitted,
~~
James Funk
Director of Development Services
ATon Liang
Associate Planner
EXHIBITS:
A Location Map
B Planning Commission Staff Report
C Application for Appeal
EXHIBIT A
CITY OF SAN BERNARDINO PROJECT: CUP 01-14
PLANNING DIVISION AP 01-05
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 12/3/01
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CA..I'o.:.IA !lTAT!
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EXHIBIT B
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No.01-14
1
October 16, 2001
5
OWNER
Mary Vosoughi
1580 Crestview Road
Redlands, CA 92374
909-793-6788
APPLICANT:
Shashi & Girish Patel
1689 Kendall Drive, #H
San Bernardino, CA 92407
909-473-3304
REQUEST/LOCA nON:
A request for approval of a Conditional Use Permit to upgrade an Alcohol Beverage Control
(ABC) Type 41 (on-sale beer & wine - eating place) to a Type 48 (on-sale general- public
premise) liquor license with live entertainment at Fanatics Restaurant located at 1689 Kendall
Drive, Suite H, in the CG-I, Commercial General, land use district.
CONSTRAINTS/OVERLAYS:
Not Applicable
ENVIRONMENTAL FINDINGS:
o Not Applicable
[;'] Exempt from CEQA, Section 15301 - Existing Facilities
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
[;'] Approval
[;'] Conditions
o Denial
o Continuance to:
'lditional Use Permit No. 01-14
,[eeting Date: October 16. 2001
Page 2
C REOUEST AND LOCATION
A request for approval of a Conditional Use Permit under the authority of Development Code
Section 19.06.020, Table 06.01, (d) (2), to upgrade a Type 41 (on-sale beer & wine - eating
place) to a Type 48 (on-sale general- public premise) liquor license with live entertainment at
Fanatics Restaurant located at 1689 Kendall Drive, Suite H, in the CG-I, Commercial
General, land use district.
The applicant has requested an upgrade to the ABC license with live entertainment to attract
more customers and increase business by expanding their services. The Type 48 license will
allow Fanatics Restaurant to sell liquor in addition to beer and wine. The proposed live
entertainment includes small 3 to 4-piece jazz bands.
The project site is located in an existing commercial retail multi-tenant center. Fanatics
Restaurant occupies approximately 2,687 square feet of the 16,955 square feet
retail/commercial center. No building modifications are proposed as part of this project. The
hours of operation are from Sunday thru Thursday, II :00 am to 12:00 am, and Friday &
Saturday, II :00 am to 2:00 am.
SETTING/SITE CHARACTERISTICS
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The site is an irregularly shaped parcel ofland approximately 2.61 acres in size and is located
at the southeast comer of Kendall Drive and University Parkway. Surrounding the property to
the east across Kendall Drive and to the west are multi-family residential uses in the RM,
Residential Medium, land use district. The property to the southeast is single family
residential uses in the RS, Residential Suburban. On the northwest at the comer of Kendall
Drive and University Parkway is the approved Campus Crossroads project development
currently under construction
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEQA)
The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act in that the project was found to be
exempt from CEQA per gl5301 for an existing facility. CEQA allows for the exemption of
projects in existing facilities where no major change are proposed.
BACKGROUND
On March 20, 2000, Development Permit (Type I) No. 00-16 was approved to allow Fanatics
Restaurant to establish alcohol service with a Type 41 (on-sale beer & wine) license.
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The Police Department has reviewed and investigated this matter. They have expressed no
objection to the Type 48-liquor license and live entertainment proposal. Their written reports
and findings recommend approval of CUP No. 01-14, on the condition that the applicant
obtain all other necessary permits (Attachment C). .
'lditionol Use Permit No. 01-14
.deeting Date: October 16.2001
Page 3
C FINDINGS AND ANALYSIS
1. The proposed use is conditional(v permitted within and would not impair the
integrity and character of the subject land use district and complies with all of
the applicable provisions of the Development Code?
Yes, pursuant to Development Code Section 19.06.020 Table 06.01 (0)(2), night clubs
are allowed uses in the CG-I, Commercial General, land use district, subject to the
approval of a Conditional Use Pennit. The proposed project will enhance the center in
that it will provide an entertainment outlet to serve the residences and allow the
applicant to expand their business. The proposal would not impair the integrity and
character of the area in that the proposed activity will be conducted completely within
an enclosed structure. The proposed project complies with all applicable provisions of
the Development Code.
2. The proposed use is consistent with the General Plan.
Yes, the proposed use is consistent with General Plan Policy 1.6.2. that states: "control
the location and number of alcohol sales, adult bookstores and business, game arcades
and other community-sensitive uses, based on proximity to residences, schools,
religious facilities, and parks in accordance with legislative and legal requirements."
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3.
The approval of the Conditional Use Permit for the proposed use is in
compliance with the requirements of the California Environmental Quality Act.
Yes, the approval of the Conditional Use Penn it for the proposed use is in compliance
with the requirements of the California Environmental Quality Act, in that the project
was found to be exempt from CEQA, Section 15301, Class I. CEQA allows for the
exempt of projects in existing facilities where no major change are proposed.
4. There will be no potential significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored.
No, as noted in Finding No.3, this project is exempt from CEQA.
5.
The location, size, design, and operating characteristics of the proposed use
are compatible with the existing and future land uses within the general area
in which the proposed use is to be located and will not create significant noise,
traffic or other conditions or situations that may be objectionable or
detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City.
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Yes, the proposed project is located in an existing multi-tenant commercial
center in the CG-l, Commercial General, land use district. The proposal will
operate in a manner consistent with the CG-l land use district. It is anticipated
that the upgrade of an ABC license with live entertainment will not create any
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'lditiollal Use Permit No. 0/./4
Jieetillg Date: October /6, 200/
Page 4
conditions that are detrimental to public health. This is because the proposed
project complies with all applicable provisions of the Development Code.
6.
The subject site is physically suitable for the type and density/intensity of use being
proposed.
Yes, the proposed project is located in an existing multi-tenant commercial center. As
mention in Finding #5, the existing multi-tenant center complied with all applicable
provisions of the Development Code for parking and landscaping at the time the center
was first occupied in 1990.
7. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental
to public health and safety.
Yes, public access, water, sanitation and other public services were eStablished with
development of the multi-tenant center. This proposal does not affect these services,
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit.
RECOMMENDATION
Staff recommends the Planning Commission:
Approve Conditional Use Permit No. 01-14 based upon the Findings of Fact contained
in this Staff Report and subject to the Conditions of Approval (Attachment C).
Respectfully Submitted,
V~u'~rJf
James G. Funk
Director of Development Services
~
Aron Liang
Associate Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan & Floor Plan
Conditions of Approval
DPIOO-16
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 01.14
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 10/2/01
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CA..IFCMlUUA 'T AT E
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ATTACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Permit No. 01-14
1.
In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the
defense of this matter. Once notified, the applicant agrees to defend, indemnify
and hold harmless the City of San Bernardino (City), the Economic Development
Agency of the City of San Bernardino (EDA), any departments, agencies,
divisions, boards or commission of either the City or EDA as well as
predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of either the City or EDA from any
claim, action or proceeding against any of the foregoing persons or entities. The
applicant further agrees to reimburse the City of any costs and attorneys' fees
which the City may be required by a court to pay as a result of such action, but
such participation shall not relieve applicant of his or her obligation under this
condition.
The costs, salaries, and expenses of the City Attorney and employees of his
office shall be considered as "attorneys fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in
effect if this Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
2.
Signs are not approved as a part of this permit. Prior to establishing any new
signs, or replacing existing signs, the applicant shall submit an application, and
receive approval, for a sign permit from the Planning Department.
3.
Hours of operations shall be from Sunday thru Thursday, II :00 am to 12:00 am,
and Friday and Saturday, II :00 am to 2:00 am.
4.
This approval shall comply with the requirements of other outside agencies (i.e.,
San Bernardino County Health Department, San Bernardino Department of
Environmental Health Services, and California Board of Equalization), as
applicable.
5.
If the color of the building is to be modified, the revised color scheme shall be
reviewed and approved by the Planning Division prior to painting.
6.
The Conditions of Approval from DPI 00-16 are incorporated by reference.
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CITY OF SAN BERNARDINO
SAN BERNARDINO POLICE DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Joe Bellandi, Senior Planner
Detective R. Rocha~,(. ~6L Sill/{.-
FROM:
SUBJECT: Conditional Use Permit No. 01-14
DATE: September 12, 2001
CC:
PROBLEM:
On 08/21/01, CSR-II SOTO received an Interoffice Memorandum from Senior Planner. Joe
Bellandi. This Memorandum was regarding a Conditional Use Permit No. 01-14. On 09/10/01 I
was assisting CSR-II SOTO. I saw that she had received a second Memorandum from Senior
Planner, Joe Bellandi. Again, this was in regards to Conditional Use Permit No, 01-14, The
applicants, SHASHI PATEL and GIRISH PATEL are applying for an ABC License Type-48,
On Sale, General. They are also applying, in the.second Memorandum, for a Live Entertainment
Permit. This is for the business named "Fanatics Restaurant" located at 1689 Kendall, San
Bernardino.
RECOMMENDATIONS:
Approval for C.U.P. No. 01-14, Live Entertainment Permit is recommended, as long as the
applicants adhere to San Bernardino Municipal Code 5.14.010 and more specifically 5.14.050.
(this coincides with the Memorandum completed by CSR-II SOTO, approving the C.U.P. No.
01-14 on 08/23/01)
FINDINGS:
On 09/10/01, I spoke with applicant GIRISH PATEL. I met with him at his business. He
confirmed the business hours- and that the live entertainment is normally a small band consisting
of three to four band members. PATEL also stated that he does not schedule a live band every
week-end.
I then contacted a resident, whose property is adjacent to the rear of 1689 Kendall. This
residence is located at1679 Sheridan. I contacted a female resident. I asked if she has ever had
any problems with litter, loud music, or loitering from the bar, which is located adj!lcent to her
property. The resident did not have any complaints about the business and its operations,
THE SBPD IS COMMITIED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
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Conditional Use Permit No.ul-04
September 12, 2001
Page 2
I forwarded an E-mail to Area Commander, LIEUTENANT SODERBLOOM for his input
regarding the issuance of the C.U.P./Live Entertainment Permit. After I informed him of my
investigation, LIEUTENANT SODERBLOOM did not have any objections to the issuance of
the C.U,P,/Live Entertainment Permit.
ATTACHMENTS:
1. Copy of E-mail from Lt. Soderbloom
2. Copy of Interoffice Memorandum from CSR-II Soto to Senior Planner, Joe Bellandi,
dated 08/23/01
3. Copy of Police Concerns which were attached, to Interoffice Memorandum dated
08/23/01
Com:
nt:
Subject:
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Rocha_Ra
Soderbloom Do
Monday, September 10, 2001 3:34 PM
Rocha Ra
RE: Fanatics Sports Club @ 1689 Kendall Dr
Sounds good to me. If I can be of assistance, please let me know. Thanks for following up.
-----Original Message-----
From: ROllha Ra
Sent: Monday, September 10, 20012:07 PM
To: Soderbloom Do
Subject: RE:Fanalics Sports Club @ 1689 Kendall Dr
Lt.
Today I checked with the resident at 1684 Sheridan. She has no complaints against the bar. The side of hewr
property is adjacent to the block wall for the property. I also spoke with the owner Girish Patel. He said he does
not hire a band every weekend. when he does have a band it is usually a 3 to 4 piece band. The set up location
is at the far end of the bar which could help to keep any loud music from disturbing the residents. If O.K. I do not
see any reason to deny the live entertainment permit. I just need to complete a form that is attached with the
approval.
R Rocha
-----Original Message-----
From: Soderbloom_Do
Sent: Friday, September 07,200111:09 AM
To: Rocha_Ra
Subject: RE: Fanatics Sports Club @ 1689 Kendall Dr
Please share your findings with me and I'll gladly follow up with Mr. Bellandi. Thanks.
-----Original Message----
From: Rocha Ra
Sent: Thursday, September 06,2001 5:59 PM
To: Soderbloom Do
Subject: Fanatics Sports Club @ 1689 Kendall Dr
Lt. Soderbloom,
The paperwork for the CUP and the ABC license have been taken care of and the appropriate letters
have been forwarded to the respective agencies. NOW, the owner is applying for a "live
entertainment" permit at the restaurant/bar. Apparently, he has been having live entertainment (Jazz
Bands). He ws told that he can not have the bands until he obtains a permit.
My oniy concern is that there are residences to the rear of the business. I also do not know how loud
the music is and if the building is soundproof enough to avoid disturbances. The memo from Joe
Bellandi,Sr. Planner, states that he needs a response before 9-14-01 (Fri).
Monday I can do a quick neighborhood canvas to find out if the music has been a problem. Please
respond and I'll be back on Monday.
Det. Rocha
Vice
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City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: SENIOR PLANNER JOE BELLANDI
t. ..
From: CSR II M. SOT~r..4 t.\L
Subject: CONDITIONAL USE PERMIT NO.01-14
Date: AUGUST 23, 2001
Copies :.
PROBLEM:
On 8-21-01, I received an interoffice Memorandum from Senior Planner, Joe
Bellandi, regarding Conditional Use Permit No, 01-14. The applicants,.Shashi
Patel and Girish Patel are applying to upgrade their ABC license type 41 to ABC
license type 48, on-sale general. This is for Fanatics Restaurant located at 1689
Kendall, San Bernardino,
RECOMMENDATIONS:
Approval for the C,U.P, No. 01-14 is recommended as long as the applicants
obtain all necessary permits.
FINDINGS:
On 8-23-01, I spoke with applicant, Shashi Patel. The business is an existing
restaurant/sports bar. There are seven employees and he and his partner, Girish
Patel, are the on-site managers. The business is open Sunday through
Thursday from 11 :00 a.m. to 12:00 midnight and Friday and Satu~day from 11 :00
a,m, to 2:00 a.m. They have two video game machines and two coin operated
pool tables. They have 12 televisions. They have live entertainment. The
entertainment consists of a band. (Mr. Patel said the band is usually a small
jazz band.)
The business is in Reporting District S1790. The statistics reveal 112 Part I
Crimes and 40 Part 1\ Arrests. The business is in Census Tract 46.01. There are
six on-sale ABC licenses allowed. There are three on-sale ABC licenses
existing.
I af:kecJ Area Commander, Lt. Soderbl0om for his input .egarding the iS5uanc:e of
this C.U.P. He responded by stating he had no objection and does not
recommend any conditions.
TIlE SBPIJ IS COMMlTfED TO PRovIDING,
PROGRESSIVE QUAUIY POLVGE S,RVICE;
A SAFE E;WJitONMENTTO IMPROVE 111E QUAUlYOF LIFE;
AREDUC110N IN OUME 1HROUGH PROBLEM RECOGNmON AND PROBLEM SOLVING
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Page 2
ATTACHMENTS: I.
2.
Police concems form.
'Copy of e-mail from Lt. Soderbloom,
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CONDITIONAL USE PERMIT
POLICE CONCERNS
Location: 1689 Kendall
C.U.P, # 01-14
Reporting District S 1790
(Stats for 2000)
Part I Crimes: 112
Persons: 16 Property: 96
Part II Arrests: 40
Alcohol related arrests: 4
Census Tract: 46.01
Existing on Sale ABC licenses: 3
Allowed on Sale ABC licenses: 6
GENERAL VICINITY:
Distance to nearest:
School:
Kendall Elementary School
4951 N. State S1.
Church:
First Baptist Church
4747 N. State S1.
Park:
Littlefield/Shultis Community Park
2500 Blk. W. Kendall
ABC On Sale Premises:
Zendejas Restaurant
1970 Ostrems Way
ABC Off Sale Premises:
Ralphs Market
4444 University Pkwy.
Distance of parking lot to residence:
1699 Sheridan
,1 mi.
.2 mi.
,8mi.
Imt.
.4 mi.
50 ft.
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Area Commander Comments: Area Commander recommends approval. Refer
to attached e-mail.
Police Department Recommendations: The Police Department agrees with the
Area Commander and recommends approval.
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CITY OF
San l)ernardino
CEVELOPMENT SERViCES DEPARTMENT
MICHAEL E. HAYS
DIIlICTOR
.
March 20. 2000
Mr. Sayel S. Abuhason,
Mr. Garish Patel, and
Mr. Shashi Patel
1689 West Kendall Drive, Suite H
San Bernardino. California 92407
~~elopment Permit I No. 00-16 - A proposal to establish ancillary
alcohol ser..-ice (ABC Type 41 On-Sale Beer & Wine - Eating Place) in an
existing restaurant located at 1689 West Kendall Drive, Suite H (APN
216-141--19), and in the CG-!. Commercial General land use district.
RE:
Dear Messrs. Abuhason, Patel, and Patel:
Planning staff has appro..-ed Development Permit I (DPI) No. 00-16 based on the
Findings of Fact in Development Code ~ 19.44.060 and subject to the following
Conditions of Appro\'al:
1. Within two (2) years of this approval. the ancillary alcohol use shall be established
through the issuance of an ABC Type 41 On-Sale Beer & Wine - Eating Place
License from the California Department of Alcohol Beverage Control. and in
compliance with all Conditions of Approval, or the permit/approval shall become null
and void.
PROJECT:
EXPIRATION D.-HE:
DEVELOPMENT PERMIT 1 NO. 00-16
MARCH 20, 2002
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In the event that this approval is legally challenged, the City will promptly notify the
applicant of any claim or action and will cooperate fully in the defense of the matter,
Once notified. the applicant agrees to defend, indemnify, and hold harmless the City,
its officers, agents and employees from any claim, action or proceeding against the
City of San Bernardino. The applicant further agrees to reimburse the City of any
costs and attorneys' fees which the City may be required by a court to pay as a result
of such action, but such participation shall not relieve applicant of his or her
obligation under this condition.
3 J J r. 0 R T H . D' S T ;:; :: !: T SAN 8 e R tl A R 0 I NO. C A l I F 9 2 .. 1 8 . 0 0 0 I
1'01)3''''.5357.'''1:3'''_5010 I PUBLIC WORKS FAX:3''''_S",
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DPI No. 00-16 - Approval
March 20, 2000
Page 2
3. An upgrade of the ABC License and/or a change in the business operation to a sports
bar or nightclub shall require an approved Conditional Use Permit.
4. A Dine and Dance Permit shall be obtained from the City Clerk's Office for the
multiple television sets. Karaoke, live entertainment, and/or dancing shall not be
permitted for the restaurant use.
5. The project plans are approved as redJined.
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6. This permit or apprO\-al is subject to the attached conditions or requirements of the
following City Departments or Divisions:
xx
Police Department
Pursuant to San Bernardino Development Code Sections 19.52.080 and 19.52,100,
Development Permits shall become effective 15 days following the final date of action by
the appropriate review authority, unless an appeal is filed. All appeals shall be submitted
to the Development Services Department, within 15 days of the final decision. The
documentation shall specifically state the basis of the appeal. If no appeal is filed
pursuant to the above pro,'ision of the San Bernardino Development Code, the approval
of Planning staff shall be tinal.
Please contact me at (909) 384-5057 if you have any questions or concerns regarding the
approval of DP! );0. 00-16.
Sincerely,
@!,O&~
Associate Planner
Attachment: Approved Plans (DPI No. 00.16)
cc: Mr. Robert Graham
2889 Ridgeview Road
Highland, CA 92346
Danette Wilson,
California Department of Alcohol Beverage Control
3737 Main Street. Suite 900
Riverside. CA 92501
DPl No. 00-16 - Approval
March 20, 2000
Page 3
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Margaret Park, Senior Planner
Lee Gagnon, Business Registration Supervisor
Martha SOlO, Police Department
Files: ~"o. 00-16
1689 Wesl Kendall Drive, Suite H
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City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
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To:
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ASSOCIATE PLANNER DEBORAH WOLDRUFF
From: CSR II M. SOTa
Subject: DEVELOPMENT PERMIT NO. 00-16
Date:
,
MARCH 2, 2000
Copies:
PROBLEM:
On 2-22-2000, I received an Interoffice Memorandum from Assoc. Planner,
Deborah Woodruff, regarding Development Permit No. 00-16. The applicants,
Girish Patel, Sayel Abuhasou and Shashi Patel applied for an ABC License Type
41 On-sale beer/wine/eating place for Fanatics Sport Club located at 1689
Kendall Dr. #H, San Bernardino.
RECOMMENDATIONS:
Approval for DPI 00-16 is recommended as long as the applicants are subject to
ihe listed conditions. (Refer to attached conditions.)
FINDINGS:
On 1-27-00, I spoke with applicant, Sayel Abuhasou at the police departrment.
He said there will be about ten employees and he will be the on-site manager.
The business will be open seven days a week from 11:00 a.m. to 12:00 midnight.
He said there will be no video game machines or any pool tables. He said there
will be 10-12 televisions. He said he plans to have a full food menu. He plans to
have kareoke.
The business is in Census Tract 46.01. There are six on-sale ABC licenses
allowed and at this time there are two existing on-sale ABC licenses and one
pending. The statistics for 1999 reveals 113 Part I Crimes and 54 Part II Arrests.
Area, Commander Lt. Poyzer was asked for his input. Lt. Poyzer responded by
stating that Sgt. Boom checked the location and the standard conditions would
be fine. He has no objection to the issuance of a license.
ATTACHMENTS: I.
Conditions.
1llE SBPD IS COMMITIllD TO PROVIDING,
PROGRESsIVE QUALl1Y POUCI! SERVICE;
^ SAFE ENVlRONMBNTTO IMPROVE TIiE QUALl1Y OF LIFE;
^ REDUCTION IN CRIME lHROUGH PROBLEM RECOGNmON AND PROBLEM SOLVING
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6.
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8.
CONDITIONS
1689 Kendall Dr. #H
I.
The licensee shall be responsible for posting of signs prohibiting litter and
loitering with management enforcing this and maintaining the area free of
litter and graffiti.
2.
Exterior lighting shall be sufficiently and properly maintained to iIIuminQte
all areas of the exterior of the building and property for easy detection of
suspicious and criminal activity.
3.
Entertainment provided shall not be audible beyond the area under the
control of the licensee.
4.
Must comply with all City building, fire, zoning and health regulations,
5.
Upon demand make available to any police official the current names and
addresses of persons who are in the management or operation of the
business.
No business to be conducted on the premises after 0200 hours.
Non employees are prohibited from being inside the business after 0200
hours.
If public telephones are located on the premises, they shall be fixed for
outgoing calls only.
9. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
10. The sale of alcoholic beverages for consumption off the premises shall be
prohibited.
11. Security guards shall be required at all times when there is entertainment
as stated in San Bernardino Municipal Code 5.14.050.
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Feb. 28 2lBI llil: 23R'1 Pl
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EXHIBIT C ,
...kity Of San Bemardino
Lve/oyment Services
Deyartment
Application for Appeal
'ArO(-05
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director;
o Development/Environmental Review Committee; or
)'{. Planning Commission
Case number(s): CUP 0 I - 1<1
Project address: Ilv29 Kpndoll Dr Jf ~I ")ryn P-r1V1r' , (o. 02t(h7
Appellant's name: La(rll 1-1. Le.e..
Appellant's address: i 10 11 I .s h?rda n ReC
Appellant's phone: (<:Jet;) 727- q(,.20
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L.1tact person's name:
Contact person's address:
Contact person's phone:
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Pursuant to Section 19.52,100 of the Development Code, an appeal must be filed on a City application fonn
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee,
Appeals are nonnally scheduled for a determination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and
time of the appeal hearing.
OFFICE USE ONLY
Date appeal filed:
Received by:
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511101
IBEQUIRED INFORMA nON FOR AN APPEAL
~CifiC action being appealed and the date of that action:
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Specific grounds for the appeal:
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50? 1-/, )/1<, c"( flu p!If.IlI1''(j Um/711$5/c;J/t'lJ
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. . Date: /(L-3rO
Cff'(;SI-hon CI/l//-Ie sk Q,' /I ~tI.': -j/lty' u/NC IN! I~ W-0~rho'J !x'CA~
In '7'/((';-:3 -10 ih~ l/ I ";/uf/ hAd /It'r/t'/ };(7P/7 I7tJfYi(4dtl+-Ik c7c-h-O/l.
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511101
ATTACHMENT C
AMENDED CONDITIONS OF APPROVAL
CONDITIONAL Use Permit No. 01-14
December 3, 2001
I. In the event that this approval is legally challenged, the City will promptly notify
the applicant of any claim, action, or proceeding and will cooperate fully in the
defense of the matter. Once notified, the applicant agrees to defend, indemnify,
and hold hannless the City of San Bernardino (City), the Economic Development
Agency (EDA), any departments, agencies, divisions, boards or commissions of
either the City or EDA as well as predecessors, successors, assigns, agents,
directors, elected officials, officers, employees, representatives and attorneys of
either the City or EDA from any claim, action or proceeding against any of the
foregoing persons or entities. The applicant further agrees to reimburse the City
and the Economic Development Agency of any costs and attorney's fees which
the City or the Economic Development Agency may be required by a court to pay
as a result of such action, but such participation shall not relieve applicant of his
or her obligation under this section.
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorney's fees: for the purpose of this condition.
As part of the consideration for issuing this permit or approval, this condition
shall remain in effect ifthis Conditional Use Permit is rescinded or revoked,
whether or not at the request ofthe applicant.
2. Signs are not approved as a part of this permit. Prior to establishing any new
signs, or replacing existing signs, the applicant shall submit an application, and
receive approval, for a sign permit from the Planning Division.
3. Hours of operation shall be from Sunday through Tuesday, II :00 am to 12:00 am,
and Friday and Saturday, II :00 am to 2:00 am.
4. This approval shall comply with the requirements of outside agencies (i,e., San
Bernardino County Health Department, San Bernardino Department of
Environmental Health Services, and California Board of Equalization), as
applicable.
5. Ifthe color of the building is to be modified, the revised color scheme shall be
reviewed and approved by the Planning Division prior to painting.
6. The Conditions of Approval from DPI No. 00-16 are incorporated by reference.
/J../3/ 0 I
jf70
CUP No. 01-14
Amended Conditions
Page 2 of2
12/03/01
7. The applicant shall be required to clean up the patio area immediately after
closing.
8. The applicant shall provide sound absorbing insulation or lower the music level so
that noise is not audible anywhere on adjacent property or public right-of-way or
within any other building or separate unit within the same building, consistent
with Section 5.14.050(4) of the Municipal Code.
9. The rear doors of the business must remain closed at all times.
10. The applicant shall install a wrought iron fence between the perimeter wall and
the rear ofthe building.
11. No deliveries, loading/unloading shall occur on Sheridan Road.
12. A security guard shall be on duty outside the premises (front/patio area) from 6:00
p.m. until one-half hour after closing.
13. The concrete tables in the patio area shall be secured so as to not create a safety
hazard.
14. These conditions shall be effective immediately upon approval of the Conditional
Use Permit.
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RESIDENT PETITION FOR APPEAL OF (Conditionl Use Permit No. 01-14)
We the citizens and residents of the Fifth Ward in San Bernardino, appeal to our Mayor and Common Council,
to overturn the decision of the Planning Commission, and deny the application to upgrade an (ABC) Type 41
(on-sale beer & wine-eating place) to a Type 48 (on-sale general-public premise) liquor license with live
entertainment at Fanatics Restaurant, located at 1689 Kendall Dr. Suite H in the CG-I, Commercial General land
use district. We appeal before this Council, at this hearing on, December 3, 2001 at 11 :00 a.m.
Pua:pose For Our ,",ppeal: A complete and thorough investigation of the residents and their concerns, was not
obtained. Vice President (David DeMuro) of Cal State University, states "they (university) were not notified or
infOlmed of this intention, and He would have some concerns". Vice Det. Rocha in a memo sent to Lt.
Soderbloom and forwarded also to Sr. Planner, Joe Bellandi, on Sept 10th 2001, States "he is concerned, about
the residents to the rear of the building, and doesn't know if the building is soundproof enough to avoid
disturbances". Mr. Patel (owner of Fanatics) has already violated city code by having live bands without proper
pennits to do so, and without security. Det. Rocha also states, "he would campus the neighborhood to see if the
music has been a problem". To our knowledge, this investigation ~as never done. There has been increased
criminal activity in our neighborhood since this business has opened. Therefore, we the residents directly and
adversely affected, request you our Mayor and Common Council, to hear our plea, and overturn and deny this
request for an upgrade.
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Address