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CITOC?F SAN BERNARDI'O - REQU~T FOR COUNCIL AC~N
Brad L. Kilger
From: Director of Planning
Appeal of Planning Commission
Su~act: Denial of Conditional Use Permit
No. 89-l2
Mayor and Council Meeting of
July l7, 1989, 2:00 p.m.
Dept: Planning
Date: July l2, 1989
Synopsis of Previous Council action:
On May l6, 1989 the Planning commission voted to deny Conditional
Use Permit No. 89-l2 for the sale of beer and wine in a mini-market
by a 7-0 vo1!e.
Continued from July 5, 1989 Council meeting to July l7, 1989 Council
meeting.
Racommended motion:
That the hearing be closed; and that the Mayor and Council deny the
appeal and deny Conditional Use Permit No. 89-l2. (Supports
Planning Commission action.)
or
That the hearing be closed: and that the Mayor and Council uphold
the appeal and approve Conditional Use Permit No. 89-12 subject tp
revised Findings of Fact (Attachment A) and Conditions of Approval
(Attachment B).
Contact person:
Brad L. Kilger
Phone:
384-5057
Supporting data atteched:
Staff Report
Ward:
2
FUNDING REQUIREMENTS:
Amount:
n/a
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75.0262
Agenda Item NO~
CIT~F SAN BERNARDltQ - REQUEOr FOR COUNCIL AC..::hN
STAFF REPORT
Subject: Appeal of Planning Commission Denial of Conditional
Use Permit No. 89-l2
Mayor and Council Meeting of July l7, 1989
This appeal was continued from the July 5, 1989 Council meeting
to the July l7, 1989 Council meeting so that revised Findings
and Conditions of Approval from the Police Department could be
developed. The Police Department has provided the recommended
Conditions of Approval. They are attached for review and con-
sideration.
75-0264
ATTACHMENT "A"
6'ITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 89-l2
FINDINGS of FACT
AGENDA ITEM
HEARING DATE 7/17/89
PAGE
CONDITIONAL USE PERMIT - REQUIRED FINDINGS
1. The proposed Conditional Use Permit is consistent with
the objectives of the city's General Plan in that the
project is consistent with the Interim Policy Document
and the Preferred Land Use alternative land use designa-
tion for a site which allows for alcoholic beverage
sales for off-site consumption with a Conditional Use
Permit.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in
which it is proposed to be located in that the proposed
site is not immediately adjacent to surrounding land
uses to which there will be any known significant
impacts.
3. The size and shape of the site proposed for the use are
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
nor the peace, health, safety and general welfare in
that the commercial center met the CIty's requirements
for landscaping, parking and circulation at the time of
development, the area is zoned for commercial uses, and
has been developed consistently for commercial uses.
4. The traffic generated by the proposed project will not
impose an undue burden upon the streets and highways
designed and improve to carry the traffic in the area in
that the sale of alcohol for off-site consumption will
not intensify traffic generation.
5. The granting of this Conditional Use Permit under the
conditions imposed will not be detrimental to the peace,
health, safety, and general welfare of the citizens of
San Bernardino in that there will not be an undue
concentration in the area of alcoholic beverage sales.
6. The Planning Department has investigated whether the
land use project identified in Conditional Use Permit
No. 89-12 application is consistent with the land use
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 89-l2
FINDINGS of FACT
AGENDA ITEM
HEARING DATE 7/l7 /89
PAGE
designations and policies in the General Plan adopt7d
June 2, 1989, and the proposed land use project ~s
consistent in that the Map and Urgency Ordinance which
designate the proposed site for CG-2, Commercial Gen-
eral, allow mini-markets to sell alcoholic beverages
with an approved Conditional Use Permit.
7.
The introduction of alcoholic
proposed location will not pose
the surrounding land uses.
beverages sales at the
significant impacts to
8. The proposed use will not contribute to an undue concen-
tration of alcohol outlets in the area.
9. There will not be detrimental effects on nearby
residential neighborhoods.
PCAGENDA:CUP89-l2F
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OTTACmlENT "0
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 89-l2
CONDITIONS
AGENDA ITEM
HEARING DATE 7/17 IRq
PAGE
STANDARD CONDITIONS
1.
2.
Minor amendments to the plan shall be subject to approval by
the Director of Planning. An increase of more than 10
percent of the square footage or a significant change in the
approved concept shall be subject to (Planning Commission)
(Development Review Committee) review and approval.
Construction shall be in substantial conformance with the
plans approved by the Development Review Committee, Planning
Commission or Director of Planning.
Four sets of Landscape Plans, along with the
shall be submitted to the Enaineerina
processing. No grading permits will be
approval of landscape plans.
At all times the business will be operated in a
does not produce obnoxious noise, vibration,
smoke, glare, or other nuisance.
appropriate fee,
DeDartment for
issued prior to
manner which
odor, dust,
Subject to the Conditions of the Department of Parks and
Recreation (attached).
3. 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 def,nse 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
obligation under this condition.
A sign program for the multi-tenant commercial/industrial
center shall be approved by the Planning Department prior to
issuance of Certificate of Occupancy.
csj/8-3-88
DOC:PCAGENDA
STNDCONDITIONS
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ClOt OF SAN BERNA)DINO -0 MEMORANDUM 0
To DONALD J. BURNETT, CHIEF OF POLICE
Subject SUGGESTED CONDITIONS FOR CUP 89-12
From DET. R. SPINDLER
Date 7/7 / 89
Approved
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.
Date -;-1 0 ,- G T
APPLICANT:
LI
Sorrento Group
135 3rd Street, Suite #300
Santa Monica, CA 90401
213/395-6577
The following will be a list of suggested conditions for CUP 89-12.
1. No sales of single unit cans and/or bottles of beer.
2. No wine shall be sold in containers less than 750 ml.
3. No wine shall be sold with a alcoholic content greater than 15%
by volume.
4. No ice shall be sold in less than 7 lb. bags at or below prevailing
prices.
5. No game machine shall be located within the premises.
6 No alcoholic beverages shall be consumed on any property adjacent
to the licensed premises under control of the licensee. Post no
loitering and no drinking of alcoholic beverage signs throughout
the parking lot and on the building (according to San Bernardino
M.C.) .
7. The parking lot of the premises shall be equipped with lighting
of sufficient power to illuminate and make easily discernable the
appearance and conduct of all persons on or about the parking lot.
8. Uniform security to be on the premises while alcoholic beverages
are being sold.
9. No public telephones to be located anywhere on the exterior portion
of the building or parking lot of the proposed business complex.
12...
10. Consideration that all alcoholic beverage sales terminate at 10PM
on every business day.
~espectfullr submitted,
IJLI?I/S~ U~
DET. R. SP~NDLER
VICE DETAIn:
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~Icr' OF SAN BERNARbOo - REQlQsT FOR' COUNCI~ION,
From:
Brad L. Kilger
Director of Planning
Planning
May 31, 1989
Subjact:
APPEAL OF PLANNING CO~1ISSION'S
DENIAL OF CONDITIONAL USE PERMIT
No. 89-12
Dept:
Date:
Mayor and Common Council
June 19, 1989, 2:00 p.m.
Meeting
~
Synopsis of Previous Council action:
No previous Council Action.
On May 16, 1989, the Planning Commission voted to deny Conditional
Use Permit No. 89-12 for the sale of beer and wine in a mini-market
by a 7-0 vote.
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Racommended motion:
That the hearing be closed; and that the
the appeal, supports Planning Commission
Conditional Use Permit No. 89-12.
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Mayor and Coun~l ~ny
Action, and deny .
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OR
That the hearing be closed; and that the Mayor and Council uphold
the appeal and approve Conditional Use Permit No., 89-12 subject
to revised Findings of Fact and Condit.ns of Appr
Contect person:
Brad L. Ki1qer
Phone:
(714) 384_5357
FUNDING REQUIREMENTS:
Staff Report Ward:
Amount: N / A
Supporting data attached:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
Aaenda Item No_~_L
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111
c~. OF SAN BERNARDIl\>> - REQuQ.T FOR COUNCIL ABION
STAFF REPORT
SUBJECT: APPEAL OF PLANNING COMMISSION'S
CONDITIONAL USE PERMIT NO. 89-12
DENIAL
OF
REOUEST
To overturn the
Use Permit 89-12
mini-market.
Planning Commission's denial of Conditional
and allow the sale of beer and wine in a
BACKGROUND
Conditional Use Permit No. 89-12 is an application to allow
the sale of beer and wine for off-site consumption under
authority of San Bernardino Municipal Code Section 19.26.020
(B) 15 on a 1.93 acre parcel located at the southeast corner
of Baseline Avenue and "G" Street. The mini-market would
occupy 2,600 square feet of a 19,697 square foot commercial
center. The underlying zoning is C3A, the Interim Policy
Document land use designation is CG, and the General Plan
land use designation is CG-2. This proposed use is
consistent or allowed in those designations. This applica-
tion is categorically exempt from CEQA.
The 19,697
restaurant
January 5,
The center
square foot commercial center with a drive-through
was approved by a Conditional Use Permit on
1988, and a Review of Plans on February 11, 1988.
is presently under construction.
Riley Elementary School is located directly across the street
on the northwest corner of Baseline and "G" Street. The
First Baptist Church is located less than one-fifth mile on
"G" Street. pioneer Park is .9 miles from the site. There
are two other locations within the block selling beer and
wine. There are six licenses targeted for the census tract
that the site is located in. However, there are currently 14
in the tract and one pending before Alcoholic Beverage
commission.
The Police Department strongly opposes the granting of
another license in this area due to the high crime rate in
the area and an over concentration of alcohol outlets. Three
neighbors in the area were contacted by the Police Depart-
ment. Two persons objected and one person had no objections
to the proposed outlet.
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APPEAL OF PLANNING COMMISSION'S DENIAL OF CUP NO. 89-12
MAY 31, 1989
PAGE 2
The appeal is based on the reason that the mini-market is an
economic necessity for the community and without the ability
to sell beer and wine, the mini-market is not economically
viable. Additionally, it is argued that the mini-market is
the major anchor tenant to the center which could effect the
economic success of the entire center. The applicant has not
provided a market study to substaniate these claims and has
presented no evidence that there is not an over-concentration
of alcohol outlets in the area.
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
That the Mayor and Council deny the appeal and deny
Conditional Use Permit 89-12 for the sale of beer and wine.
OR
That the Mayor and Council uphold the
Conditonal Use Permit 89-l2 subject to
Fact and Conditions of Approval.
appeal and approve
revised Findings, of
RECOMMENDATION BY PLANNING COMMISSION DECISION
It is recommended that the Mayor and Council deny the appeal
and deny Conditional Use Permit 89-12.
Prepared by: John Montgomery, AICP, Principal Planner
for Brad L. Kilger, Director of Planning
Attachments: A - Letter of Appeal to Mayor and Council
B - Statement of official Planning Commission
Action
C - Public Hearing Notice
D - May 16, 1989 Staff Report
CUP89-l2AP
-
dTTACHMENT "B"
. ,0' 0
city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
Conditional Use Permit NO. 89-12
Page 3
VOTE
Ayes:
Brown,
Stone
None
None
Sharp
Cole,
Lindseth,
Corona,
Nays:,
Abstain:
Absent:
Lopez,
o
Nierman,
I, hereby, certify that this Statement of Official Action
accurately reflects the final determination of the Planning
Commission of the City of San Bernardino.
C:q~-7 r~
Brad L. Kilger, Director of Planning
Name and Title
cc: Project Property Owner
Project Applicant
Building and Safety Dept.
Engineering Division
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PCAGENDA:
PCACTIONB
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OTTACHMENT "CO
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Public Hearing Notice
A notice of appeal hearing was sent to property owners within
500 feet of the subject property at least ten days prior
to the hearing, as per Municipal Code Section 19.81.020.
A copy of this notice is attached.
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TTACHMENT "D"
CITY 'OF SAN BER
RDINO PL NNING DEPARTMEN
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
9
5-16-Rq
2
~ Conditional use Permit 89-12
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APPLICANT: orre~to roup
1351 Third Street .300
Santa Monica, CA 90401
OWNER: Baseline and nG" street
Partners
1351 Thrid Street t300
Santa Monica, CA 90401
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The applicant requests approval of a Conditional Use Permit
,to allow the saie of alcholic,beverages for off site con-
sumptionunder authority of San Bernardino Municipal Code
Section 19.26.020(B) 15. '
The 1,93 acre, parcel is located ,at the &outhea~~corner of
Baseline Avenue and"Gn S1;.re~t.
f>ROPERTY
Subject
North
South
East
West
EXISTING
LAND USE
Commercial Center
Commercial
Residential
Commercial
COJlllllercia1/Resideritial
ZONING
C 3 A
C 3
R 3
C 3
C3
Interim Policy
Document
COlllmercial Gen.
Commercial Gen.
Residential Med.
Commercial Urban
Commercial/Res.
C1~B!i1~nt~llfC GIVES FLOOD HAZARD DYES OZONE A iJ VES )
, >iAZARD ZONE DNO ZONE lil NO OZONE B SEWERS ONO
(
HIGH FIRE DVES AIRPORT NOISE I DVES GiI YES
, HAZARD ZONE KlNO CRASH ZONE IE NO DNO
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..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING - 0
ZU) MEAl!URES NO E,I.R: ~ CONDITIONS
"'CD Q EXEMPT o E,I.R, REQUIRED BUT NO
2Z LZ iii DENIAL,
~C5 SIGN IFICANT EFFECTS ~.
a=Z WITH MITIGATING 0 CONTINUANCE TO
MEASURES 02
>i&: ONO o SIGNIFICANT EFFECTS 0
Z fd
.", SIGNIFICANT SEE ATTACHED E, R, C,
........ EFFECTS ,MINUTES II::
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'.cnoy OF SAN BERNARDINO PlANNiNGDEPARTME:!NT
. ' CASE CUP~~:12
OBSERVATIONS ="~:G~ ~5-16~89
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;l.~ ' REOOE$T:'
The applicant requests approval of a conditional Use Permit
under authority of Code Section 19.26.020 (B) '15 to ,sell
alcoholic beverages for off-site consumption in a mini-market
which will occupy a 2,600 square foot unit of a 19,697 square
foot commercial center located in the C-3A, Limited General
Commercial District (See Attachment "E"- site Plan).
'2. ' SI'l'ELOC:ATIO~
,
~ .
The subject property is a 1.93 acre parce110cated at(the ';
southeast corner of Baseline Avenue and "G" street (See
AttachmentllF" - Location Map).
3 . MUNICIPAL CODE AND GENERAL PLAN CQNFORMANCE
The proposed use is consistent with the San Bernardino Muni-
cipal Code as shown in Attachment "A" and the Interim Policy
,Document (IPD) adopted by the Mayor and Co~on Council on May
23, 1988, and amended on June 6, 1988 and August 1, 1988, and
approved by the State Office of Planning and Research on June
9,1988. The Interim Policy Document designates the acre GC-,
Commercial General (see Attachment "A", Municipal Code and
General Plan Conformance).
4.
CEOA STATUS
:;,' ~;:: '",
The application is exEl1llpt from the California EnviroJUII_ntal
Quality Act under Section 15303 Class 3C.
5. BACKGROUND
, ' ,
A Conditional Use Permit was approvedfClX'thissite for' two
drive-through restaurants and a 19~697 square foot cOmmercial
center on January 5, 1988. The site plan was later revised
to remove one drive-through restaurant with Review of Plans
88-12, approved February 11, 1988 The commercial center is
currently under construction.
The ' site originally contained three b~l1board signs., TVpo!
these signs have been removed and the ,third is scheduled for
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~CITY OF SAN BERNARDINO PlANNING OEPARTMekT' ,
. CASE 't"'nOAQ_,'?'
OBSERVATIONS
AGENOA ITIM ~
HEARING DICTI 5-16-89
'-"
removal. ' Tbe sign owners did not have' a Conditional Use
Permit (CUP) for the billboards as the space was leased prior
to CUP being required. Further, the signs were not a 'part of
the approved site plans. Billboard signs will not be allowed
on ,the site.
Recently, a minor modification to the, site plan was processed
in order to enlarge the drive-through restaurant. The minor
modification was approved. The center under construction
meets the San Bernardino Municipal Code requirements for
parking, landscaping, setbacks and circulation.
6. ANALYSIS
In considering an application for the,sll1e of e.lCQholic
beverages, the location of the site in relationship to
schools, churches, parks and residential uses must be
analyzed. Further, the number of facilities offering alco-
holic beverages for off-site consumption, in relationship to
the n~er allowed in the census tract must be compared. In
addition, the crime rate for the area must be evaluated in
terms of the average crime rate for the City and the per-
centage of alcoholic-related incidents.
THE PROPOSED LOCATION
The commercial center is positioned atthesouthernbot4erof
the property. The drive-through,restaurant is planned for
the western quarter of the site which fronts on Baseline.
Parking spaces surround the restaurant. The eastern quarter
of the site is parking and landscaping. The mini-market for
which the off-site license is requested is proposed for the
southeast corner of the commercial center.
SURROUNDING LAND USE
The property fronts Baseline ,Avenue. Cc>_ercial, developl\lEl~t
is located to the north, east and west, which also fronts qn
Baseline Avenue. An apartment building is adjacent to t~e
south. The lot is 300 feet deep and two single-family homes
,are across "G"Street from the commercial center. Both the
houses and the apartment building are within 100 feet of the
center's parking lot, which is the minimum distance allowed
by the Police Department. However, the lot is 300 feet wide
and the proposed location of the mini-market is 230 feet ,
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.CITY OF SAN BERNARDINO PLANNING DEPARTMENT
, '. CASE CUP89-12
OBSERVATIONS
AGENOA ITEM
HEARING DATE
9
5-16-Rq
distant fl:'om "G" street.
The cente~ 1s diagonally aQross Baseline str~~t from the
~iley Elementary School which is located less than one-tenth
ofa mile from the proposed site.
CHURCHES AND PARKS IN AREA
The First Baptist Church is located
'"G" street, less than one-fifth of
site. 'Pioneer' Park is located about
"',,'
just north of Baseline on
a mile from the proposed
.9 miles from the site.
OTHER OFF-SITE FACILITIES
within the same block, there are two other locations at which
beer and wine are sold. An ~rco AM-PM Market is located at
the northeast corner of Baseline and "H" Streets. A Standard
Station which has a beer and wine license is located on the
southeast corner of Baseline and "H" Streets. There are six
licenses allowed in this census tract. However, currently
there are 14 in the tract and one pending. Allowing another
outlet in this reporting area would violate ABC Rule 61.3 in
that it would contribute to the undue concentration in the
area.
CRIME; IN THE AREA
'.
The police reporting district for this 'proposal is "Wilber.
570. The crime rate in this district 'is 177% above the
average crime rate for the city. There were 203 arrests in
the area in the last year, 58 of which were alcohol related.
Nearly 30% of all crimes in the district were alcohol
related. The attached police report states t~at the
surrounding reporting stations to the north, south and east
also have high crime rates (see Attachment "C"-Police
Report) .
7.. COMMENTS
The Police Department strongly opposes the grantii1gof
another,license to sell alcoholic beverages in this dist~ict
due to the over concentration of outlet and the high crime
rate. Several neighbors were contacted by the police and
have voiced objections to the license because of the existing
crime in the area.
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.CITY OF SAN BERNARDINO PL.ANNtNG DePARTMENT' ,co" ',,' .'
. CASE CUP89-12
V OBSERVATIONS ~.,:c.~ \-16-89
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CO,CLU$ION
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9., ~c()~DATION
Staff recommends that the Planning ~iS$ion deny ~on~U...
tional Use permit NO. 89-12, subject to the attached Findings
of Fact.
ATTACHMENT
A Munciipal co~e
B Findings of Fact
C Police Report
D 'Floor Plan
E site Plan
F Location Map
Respectf~lly submitted,
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Direct r of Plannin~
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Planner II
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CATEG(>RY
Land Use
, SetbackS
Front
Side'
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Parking:
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~ICipAI. eoDBANP'GBNBRALilLAN' eoMFORMANCE
'PROPOSAL,
MUNICIPAL COt\1'
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Hearing Dt'.;;'li''''1~'''i9
Page
Sales of beer- Requires CUP
wine, in a comm.
center
20' - 25'
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NO,minimlim
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Drive-thrul space per 60 square feet of' Gross Floor Area.,
Retail 1 space per 250 square feet of Gross Floor AX'ea
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DOC:MISC.
CUP8767A
136
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP89-l2
FINDINGS of FACT
AGENDA ITEM 9,
HEARING DATE
PAGE II
:'-lb-tj9
1.
2.
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CONDITIONAL USE PERMIT - REQUIRED FINDINGS
The proposed Conditional Use Permit is consistent with
the objectives of the City's General Plan in that the
project is consistent with the Interim Policy Document
and the Preferred Land Use alternative land use design-
ation for a site which allows for alcoholic beverage
sales for off-site consumption with a Conditional Use
Permit.
The proposed use will adversely affect the adjoining
land uses and the growth and development of the area in
which it is proposed to be located in that the ,proposed
'site is less than lOO feet from a residential district,
and less than 1 mile from a church, park and school
3.
The size and shape of the site proposed for the use are
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
not the peace, health, safety and general welfare in
that the commercial center met the City's requirements
for landscaping, parking and circulation at the time of
development, the area is zone for commercial uses, and
has been developed consistently for commercial uses.
4 .
The traffic generated by the proposed project will not
impose an undue burden upon the streets and highways
designed and improve to carry the traffic in the area in
that the sale of alcohol for off-site consumption will
not intensify traffic generation.
The granting of this Conditional Use Permit under the
conditions imposed will be detrimental to the peace,
health, safety, and general welfare of the citizens of
San Bernardino in that there is an over concentration in
the area and the site is less than 100 feet from a
residential district, and less than one' mile form a
church, park and school.
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6.
The Planning Department has investigated whether the
land use project identified in Conditional Use Permit
No. 89-12 application is consistent with the land use
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUPSQ-12
FINDINGS of FACT
'"
AGENDA ITEM Q
HEARING DATE 5-16-89
PAGE 9
designations and policies in the Preferred Land Use
Alternative Map and the Interim Policy Document. The
proposed land use project is consistent with the Interim
Policy Document, adopted by the Mayor and COmmon Council
on May 23, 1988, amended on June 6, 1988, and August 1,
1988, and approved by the state Office of Planning and
Research on June 9, 1988, in that the Document and Map
designates the proposed site for CG, commercial General
which allows mini-market to sell alcoholic beverages
with an approved Conditional Use Permit.
7. The introduction of alcoholic beverages sales at the
proposed location will pose significant impacts to the
surrounding land uses as the site is less than lOO feet
from a residential structure, and less than one mile
from church, park and school.
8. ' The proposed use will contribute to an undue concent-
ration of alcohol outlets in the area in that 14 outlets
exist in the immediate area for off-sale and only six
are allowed.
9. There will be detrimental effects on nearby resident-
ially zoned neighborhoods considering the distance of
alcohol outlets to residential buildings, churches,
schools, hospitals, playgrounds, parks or other existing
alcohol outlets as the existing commercial center is
less than 100 feet from the residential district and
within one-tenth mile of a school district and two-
tenths of a mile form a church.
PCAGENDA:CUP89-l2F
tIL.
JW
.tl
8i-v OF SAN BERrtRDIN'6 ~
o
MEMORANDUM
To DONALD J. BURNETT, CHIEF OF POLICE
From DET. R. SPINIJI.EH
Subject C. u. P. 1/89-12
Date 4-19-89
t /~I
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, Agenda Itemll 9
Approved '
Date
APPLICANT: The Sorrento Group
1351 3rd street, suite 1/300
Santa Monica, CA 90401 213-395-6577
On or about 4-5-89 I received the investigation for C.U.P. 1/89-12 ii,
the name of The Sorreno Group for a proposed business site located
on the southeast corner of Baseline and 'c' Street. The detailed
description of the project is a retail center approximately J9,691
square feet. This project is currently under construction and (hi,
conditional use permit has been sought for the off-site sales ni 1""'1
and wine. The zoning designation is C-3A and the general plan
designation is General Commercial.
The applicant requests a conditional use permit to sell beer and win~
in a 2,600 square foot retail center located in the 19,697 square 10'"
building. The project site at the southeast corner of Baseline and
'G' Street is located on an 88.000 square foot lot. The Sorrento (;""'1'
is a California corporation for California Mini Markets. The actual
,type of business proposed is a market which will engage in the reta;
sale of grocery items, dry goods, sundries, packaged meat s, prodllc,',
soft drinks, milk, beer and wine. Approximately 30(J square feet ()I
the proposed market will be used for the sales and storage of beer
and wine. The hours of operation are projected to be 6AM to lAM.
The total anticipated number of employees is eight and the tntdl 11IIIIIh"I
of employees on the site at anyone time is three.
The proposed site is located within Reporting District 1/570 which I'del
crime stats 177% above the average for reporting districts in San
Bernardino. 29.6% of the Part II arrests in this reporting district
were alcohol related. During the pas t 90 days 14 % of all Part, 11 dna""
were alcohol related.
The proposed site is located within Census Tract 1/56. The census cOllnl
for this tract as of 1-1-86 was 4,853. The boundaries for this cenSllS
tract are Waterman Avenue from 9th to Baseline; Baseline from Waterm""
to the 1-215 freeway; the freeway from Baseline to 7th Street; 7th
Street from the freeway to Arrowhead Avenue; Arrowhead from 7th to
9th Streets; 9th Street from Arrowhead to Waterman. There are fiv~
existing on-sale licenses within this census tract. There are SPV"1i
licenses allowed for Census Tract 1/56 and there are no pending
applications.
There are 14 existing off-sale licensed locations in Census Tract I/Sh
which allows for only six off-sale licenses and there is one license
pending.
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PONM,D .J. BURNETT
HE: (,UP #89-12
PAC!': 2
,', IMMENTS FROM AREA RESIDENTS:
!."J! in'] the course of this investigation I contacted several residents
wi,,", live in the immediate vicinity of the proposed site. I talked
w,th Mildred Evans. 1139 North 'G' street. This residence is 60' south
"I t he proposed site. Evans told me she had no objections to the
tssuance of this ABC license.
I attempted contact with the resident who lives directly north of ll39
North 'G' street. There was no one home at the time and the exact
ilddress was not displayed. This residence borders the proposed site.
I t iI j ked with Amelia Howard. 1168 North 'G' Street, which is located
<I, teet ly west and across the street ('G') from the proposed site.
I'l,e property is approximately 70' west of the proposed site. Amelia
H"ward told me that she is very much opposed to the issuance of this
I, ,'ense as she believes it will enhance the existing wino and narcotic
,plated problems in the neighborhood. Ms. Howard told me that she
,'if 1 I s the pOlice department at least' two times a month regarding the
WIl10lS who loiter ill the area.
i thell spoke with Maria Arias, ll56 North 'G' Street which is located
<I"prtly west and across 'G' street from the proposed site. The property
IS located approximately 70' west of the proposed site. Maria Arias
I" I d me that she 'objects to the issuance of another license in her
''''''Jilborhood. She told me that the Shell Station and the AM-PM Mini
M"i'ket are located one block away from her residence at Baseline and
'II' Streets. She does not believe that another ABC license location
I'" I",ecjed when there are so many locations already established.
,'UMMENTS f'ROM THE POLICE DEPARTMENT:
"", 'dt tached document by Lt. Devlin.
1"'1 IcE DEPARTMENT RECOMMENDATIONS:
I ill' 1'(>'] j tee Department does not believe that the approval of this
>1,1' i ieat ion is in the best interest of the community and the neighborhood
III WillCh it would be located. ABC Rule 61.3 (undue concentration)
dpplies in that the reporting district crime stats far exceed the average
roll ill 1 reporting districts within San Bernardino. ABC Rule 61.3 also
ilpl'lies in that there are six allowed off-sale licenses within Census
'I'lilct #~6' and fourteen currently exists with one pending. ABC Rule
,,1.4 (proximity to residences) also applies in that the premises are
IJI'ilted within 100' of a residence and the parking lot and/or parking
"Il'a is also located within 100 I of a residence.
In ley Elementary School, 1266 North 'G' Street is located on the northwest
I'orner of Baseline and 'G' Street. The presence of another ABC licensed
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DONALD ,J. BURNETT
RE: CUP 89-12
PAGE 3
",,"ket in the close proximity of the elementary school would provide
y'.'t another undesirable location for elementary school age children
to congregate. Public convenience could not be argued as a reason
tor the approval of an ABC license at the proposed location. There
are several existing sites to provide for the on and/or off-sale of
alcoholic beverages within one mile of the proposed site. The Shanty
Rar, 617 West Baseline provides for the on-sale of beer, wine, and
,distilled spirits and is located approximately l/lO of a mile from
the proposed site. The Brown Derby Bar, 553 West Baseline provides
for the on-sale of beer and wine and is located approximately 2/l0
"I d mile from the proposed site. The Shell Gas Station located at
/'19 West Baseline provides for the off-sale of beer and wine and is
located approximately 1/10 of a mile from the proposed site. 'The AM-
I'M Mill i Market, 794 Wes t Baseline also provides for the off-sale of
1'''''1 and wine and is located approximately l/lO of a mile from the
proposed site.
It should be noted that the neighboring reporting districts are well
~~ove average in crime for reporting districts. Reporting District
bOll is located directly north of Reporting District #570 and has crime
sLits 143% above the average for reporting district in San Bernardino.
Repor:t ing District #560 is located south of Reporting District #570
~ and has crime stats 541% above the average for reporting districts
in San Bernardino. Reporting District #580 is located east of Reporting
District #570 and has crime stats 288% above the average for reporting
rlistricts.
As pn>viously mentioned, the proposed site is located within Census
'II'<1..,t #56. Census Tract #55 is north of Census Tract #56 and allows
I rJr seven on-sale sites with eleven existing. It also allows for six
"tf~gd1e sites and eight exist. Census Tract #57 is located south
,>I, Census Tract #56 and allows for one on-sale site with 25 existing.
11 d 11'1WS for one off-sale site and seven exist. Census Tract #58
I., located southeast of Census Tract #56 and allows for four on-sale
"lies and three exist. It allows for three off-sale sites and six
l"X 1St.
,'liP #89-12 will be protested by the Police Department due to the,apparent
hlqh crime statistics and the saturation problems in the area. Further-
more, the approval of Conditional Use Permit #89-l2 would not enhance
puhlic c.onvenience and another ABC licensed premises in close proximity
to Riley Elementary School would provide another undesirable location
I')r elementary school aged children to congregate.
R,:tctfU~bmitted~
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Off-Sale Licenses l4
a11o_d
Location
l77-l99 W. Baseline
279 E. Baseline-
lJ:) ~. l:Sase.l~ne
1.~E; tAl R:IIC!.c.l;1'\.o.
77l North 'D'
973 North 'E'
ll)~ r~urLh . ~.
799 North 'HI
998 North 'H'
695 West 9th
988 u. 3~~~~a Way
l065 N. Sierra Wav
906 N. Waterman
799 W. Baseline
700 North 'F'
111. General Vicinity
Distance to nearest.
School
Riley Elementary
l266 North nG' st.
!D!!.
20
2l
20
;n
20
21
lU
"0
20
21
~u
10
20
20
o
6 exist ing
20 (pending)
Church
First Baptist Church
l024 North 'G' St.
Parks
pioneer Park (6th and 'F')
On-Sale License
617 W. Baseline - Shanty
Brown Derby, 553 W. Baseline
Off-Sale License
Shell Gas, 799 W. Baseline
AM-PM Mini Market, 794 W. Baseline
CUP89-12 0
Item# 9
Hearing Dt. 5-16-89
14 pending 1
City
ves
yes
'--
yes
)e3
yes
yes
yes
Y9V
yes
yes
yes
y~~
yes
yes
ves
Distance
less than .l mile
a2 mi lA
.9 mile
.l mile
. 2 mile
. 1 mile
.l mile
.....Ll
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o aLICB CONCB'C)
APPLICATION FOR CONDITIONAL USE PERMITS FOR ALCOHOL
Hearing' Dt: 5-16-SQ
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BEVERAGE LICENSES
LOCA~IONI SIE cprner of Baseline and 'G' Street
Conditional Use Permi~
No. 89-12
I. Reporting District 570
Return to Planning by:
.Ii "}c;.-69
Previous Year Crime
462
RID Average +l77
Part I Crimes 273
Person 83 Property 190
Previous 90 days
Part I Crimes l06
Person 36 Property 70
II. Census Track 56
Part II Arrests 189
Alcohol Related
56 = 29.6%
(t)
Part II Arrests 14
Alcohol Related
2 = 14%
(t)
Census Count
4,853 (1:-1-86)
Boundaries Wat~nnan (9th to RRRPlinel. ibIQ~line (Waterman to 1-215 freeway)
1-215 (Baseline to 7th), 7th (freeway to ArrcMhead), Arrowhead (7th to 9th Street),
9th st. (ll.~ to Watennanl
On-Sale licenses 5 allowed 7 existing 5 pending , 0
Location ~ City Off-Sale Privileges
25l W. Baseline 41 yes
553 W. Baseline 42 yes
617 W. Baseline 48 yes
ll77 North 'E' 48 yes
948 N. Waterman 42 yes
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CUP 89-12
Item. 9
Hearing Dt.
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5-16-89
Residential Usesl
Distance of parking lot to re.idence
One residence north of ll39 North 'G' St.
Distance
borders site
ll39 North 'G' 'St.
60'
ll56 North 'G' St.
70'
Distance of building to residence
ll39 North 'G' st.
60'
ll56 North 'G' St.
70'
residence north of ll39 North 'G' st.
borders site
IV. Comments from residents:
See investigation
See attached memo
V. COll'lllents from Police Departmentl
See attached memo
VI. Police Department recommendation:
See attached memo
/1-19-1,9
Date signed
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CUP 89-12
Itemt ,'3
Hearigg~t. ~-~-89
DI'I'. J<' j . I tV /)(.1:'7\.._
VICI DETAIL
o
'1'0. L,..
7: Devl/l.J
'ROM.
SUBJECT.
AlC LICENSE APPLICA,.ION
!JEfli IY It /~O Off S4{t- .Eff:.e'j;",hAie
DATE.
~t ,~;I
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 t~ Vice Detail with your comments
no later than 41-/3-%~~vr~ . If we receive no response
from you by that date, it will be considered that you do not
have any interest in this matter.
ADDRESS: SEe J)qse{/~ ~j) '~" -SX5,
"
APPLICANT: Ilk- :5O/UE/II7O .4'/ZOtltf/ )
TYPE OF LICENSE:I//tt..) /yJ2l,.11J ClrS4t.{ DU k /l-r.vj /J,/V(~
YOUR COMMENTS: There is a direct correlation b!!tw!!!!n crimI' >Inti th.. nllm.......
of alcoholic beverage licenses issued. Census tract 56 (with a census count
of 4.853 1-1-86) allows for 6 off sale licenses. There 'are 14 existinQ with
one pending. There are also 4 on sale licenses in the tract. It is not
surprising to note that the area is 177% above average in reported crime.
We do not need another establishment, selling alcoholic beverages to the winos,
drunks. transients. derilicts or eXDosina stud..nt~ frnm th.. gr"mm;,r ~r"'nnl
across the street to the activity which is precipated as a result. Police service
will be further impacted by the issuance of yet another alcoholic beverage
, o.J.t,
1 i cense whose numbers1al ready 250% over what the cfllsus tract recOlllllends.
I am very much opposed to the issuance of this or other similar licenses at
this location.
c.
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~TTACHMENT "D"
'-'Floor Plan 0 ,-'I.,.
Jt'O I -----, __._.._.~'
CUP89-12 0 '
Item # 9
Hearing Dt.
5-16-89
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ATC~fHMENT
AGENDA
ITEM #
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CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
LOCATION
CASE
HEARING DATE
1/5/88
CUP89-l2
9
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BY: !JH~) ! J) H~::.f\t:'LL
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.. ~l1-IE SOAAENTO Gf\OI.F
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June 161, 1989
Ms. Sandra Paulsen
Planning Department
3SS North ~D~ Street
San Bernardino~ CA.
ReI conditional Use Permit No. 89-12
685 West Baseline Avenue
Dear Ms. pauleen1
We are formally requesting a eontinuanace for our City Council
hearing on our application for a Conditional Use Permit No. 89-12
for the above referenced location. '
We are requesting the continuance since we did not receive
notification of the hearing until June 16\, 1989 at 2111 p.m.
With the lack of adequate notification we are not able to attend
the hearing. Therefore we request that our appeal for the
Conditional Use Permit be continued to the first City Council
aearing in July 1989.
Thank you very much for your consideration.
Sincerely!.
THE SORRRENTO GROtlP
ah.- (Jp:ra
Alan Gottlieb
AG/un