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Home My WebLink About12-City Attorney CITY. SAN 8IERNARDIN~ RIEe-EST FOR COUNCIL OcT ION .. From: James F. Penman, City Attorney SU~Kt: FINDINGS OF FACT IN SUPPORT OF DENIAL OF CUP 90-15. Dept: Date: July 13, 1990 Synopsis of Previous CouncillCtion: On May 8, 1990 the Planning Co~ission denied by a 5 to 2 vote Conditional Use Permit No. 90-15 for the sale of beer and wine for off-site consumption in an existing mini-market. On July 2, 1990 the -Mayor and Common Council in effect denied CUP No. 90-15. A motion to deny CUP No. 90-15 was not carried based on a 3 to 3 vote. No subsequent action to approve the CUP was taken. The Council voted unanimously to direct the City Attorney to prepare Findings In Support of Denial of CUP No. 90-15 for the July 16, 1990 Council Meeting. Recommended motion: Adopt the Findings of Fact in support of Denial of CUP No. 90-15, attached as Exhibit A. '1 , /f . l-- F. penmadiJgnltureCity Attorney J of Fact ity AttY'Phonl: Ward: 1 384-5235 Contle! penon: Supportlnl de.. IttlChld: Findings Henry Empeno, Jr., Deput FUNDING REDUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council No...: Agenda Item No. /2 ... ....... .. CITY -= SAN _RNARDINCe R....ST FOR COUNCIL G:TION STAFF REPORT . On May 8, 1990 the Planning Commission denied by a 5 to 2 vote Conditional Use Permit No. 90-15 for the .ale of beer and wine for off-site consumption in an existing.mini-market. On July 2, 1990 the Mayor and Common Council in effect denied CUP No. 90-15. A II1Otion to deny CUP No. 90-15 wa. not carried based on a 3 to 3 vote. No subsequent action to approve the CUP was taken. The Council voted unanimously to direct the City Attorney to prepare Findings In Support Of Denial of CUP No. 90-15 for the July 16, 1990 COuncil meeting. Because of the likelihood that the applicant may challenge in court the City's actions regarding this CUP, we feel that the Mayor and Common Council should adopt these Findings of Fact In Support of Denial of CUP No. 90-15, attached as Exhibit A. [HE/dys/cup90-l5.sr] 75-0264 . . . o ATTACHMBN'l' A . FINDINGS OF FACT IN SUPPORT OF DENIAL OFCONDITIONALUSB PBRMIT NO. 90-15 MAYOR & COMMON COuNCIL MEET1NG or JULY 16, 1990 1. Whereas the proposed use, the sale of beer and wine for off-site consumption in an existing mini-market, is permitted in the CG-l, General Commercial, Land Use Designation--subject to the approval of a Conditional Use Permit--it is in conformance with the objectives of the City's General Plan. 2. The proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. The nearest residences are approximately seventy-five feet (75') from the subject building and approximately twelve feet (12') from the parking lot of the subject property. The nearest school, Arrowview Junior High is approximately one-tenth (1/10) of a mile from the subject property. The subject property is located within Census Tract 53. There are seven (7) existing on-sale licenses in this census tract: only five (5) are allowed by the State Alcoholic Beverage Control Board. Four (4) off-sale licenses are allowed in this tract. Currently, there are two (2) off-sale licenses - both of which are for beer and wine only. The nearest off-sale sites are: 7-11, located 165 feet from the subject property: Mobile Mini Mart, located 171 feet from the site: and Smitty's Liquor, which is one-tenth (1/10) of a mile from the site. After conducting an investigation, the Police Department has concluded that approval of this CUP would lead to an increase in crime and police calls for service in this area, and that incidents of publiC intoxication, loitering, alcohol purchases by minors, panhandling, littering, drinking in public, and drunk driving would increase. Numerous neighboring residents have signed petitions opposing the CUP and have testified that there are already too many alcoholic beverage outlets in the neighborhood, and that loitering, littering, panhandling, urinating in public, and other crime problems would increase if the CUP was approved. The San Bernardino City Unified SchOOl District has stated that because of the close proximity of the site to schools, approval of the CUP would adversely impact its students and would increase traffic congestion and crime in the area. 3. The size and shape of the site proposed for the use is HE/dys/cup90-15.fdg July 13, 1990 1 I . . . o adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor too the peace, health and general welfare in that 'the cOllUDercial developlllent on the site was approved under Review of Plans No. 86-135. 4. Whereas Review of Plans No. 86-135 was evaluated by the City Traffic Engineer who determined that the commercial center would not significantly impact existing patterns of circulation, and due to the fact that the Planning Division determined that the commercial development provid.. sufficient off-street parking to serve the proposed use, the traffic generated by the pxoposed use will not impose an undue burden upon the streets and highways designed and "improved to carry the traffic in the area, and that adequate parking is provided. 5. 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