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Home My WebLink About35-City Attorney CITY r SAN BERNARDINC . REf lEST FOR COUNCIL .CTION From: James F. Penman, City Attorney Subject: FINDINGS OF FACT IN SUPPORT OF DENIAL OF CUP 90-15. Dept: Date: July 13, 1990 Synopsis of Previous Council action: On May 8, 1990 the Planning Commission 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. Contact parson: Supporting data attached: Findings Henry Empeno, Jr., Deput /] ~ penmarl'!gnatureCi ty Attorney of Fact AttY'Phone: Ward: r S 384-5235 FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: '7 Il;_l"t'U':" Anenda Item Nn 35 CITY 1= SAN BERNARDINO . RE(" .. 'EST FOR COUNCIL :TION STAFF REPORT 75-0264 On May 8, 1990 the Planning Commission 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. 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/cup90-15.sr] ATTACHMENT A FINDINGS OF FACT IN SUPPORT OF DENIAL OF CONDITIONAL USE PERMIT NO. 90-15 MAYOR & COMMON COUNCIL MEETING OF 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-l5.fdg July 13, 1990 1 adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health and general welfare in that the commercial development 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 provides sufficient off-street parking to serve the proposed use, the traffic generated by the proposed 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. Based on the above-noted Findings, the granting of Conditional Use Permit No. 90-15 will be detrimental to the peace, health and general welfare of the citizens of the City of San Bernardino. HE/dys/cup90-15.fdg July 13, 1990 2 J , o o o CITY OF San Bernardino OFFICE OF THE CITY ADMINISTRATOR SHAUNA EDWINS CITY ADMINISTRATOR July 25, 1990 Mr. Stephen Allen Jamieson Solomon, Saltsman & Jamieson 426 Culver Boulevard Playa Del Rey, California 90293 Dear Mr. Jamieson: This is in response to your letter, dated July 5, 1990, and received by the Department of Planning and Building Services on July 17, 1990, requesting reconsideration of action taken by the Mayor and Common Council relative to Conditional Use Permit No. 90-15. As you are aware, the item relating to the findings to support denial of Conditional Use Permit No. 90-15 was heard by the Mayor and Common Council at their meeting held July 16th and was continued to August 20, 1990. If a decision is made at the meeting of August 20th to reconsider the decision made by the Common Council, a hearing will be set for an appropriate date and ,time after notification has been made to the surrounding property owners informing them of the hearing. If you have any questions, please do not hesitate to contact this office. Sincerely, A_~..~ h~#t,(J./ ~ffDWfNs City Administrator SEjdjn cc: James F. Penman, City Attorney Larry Reed, Director of Planning & Building Services City Clerk 300 NORTH CALIFORNIA o STREET SAN BERNARDINO 92418-0001 714/314-5122 .1._ o ~FFICEScO SOLOMON, SALTSMAN & JAMIESON , , o A Partnership Including Prof8llional Corporations 426 CULVER BOULEVARD PLAYA DEL REV, CA 90293 TELEPHONE: (213) 822._ FAX: (213) 822-3512 ~ ~C'D rtc. .... '~in 1t~.J~ fIFf' _ _ t'. ,'. ..... " f[:Cfj :1 f; I!~ f.,._~ ,,-,,'1.; .jUt.. -.J - -.5~ July 5, 1990 REGISTERED MAIL RETURN RECEIPT REOUESTED fii) rn ~ ffi ~ \VJ ~ 1]] lJ1) JUL 17 1990 City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 CITY Of SAN 8t~N...ROINO DEPA~TMENT OF PLANNING & BUILDING SERVICES City Clerk city of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Re: C.U.P. Application 90-15 MOHAMMED KHAN - THE CORNER MARXET TO WHOM IT MAY CONCERN: PLEASE BE ADVISED THAT THE APPLICANT HEREBY REQUESTS REQUESTS RECONSIDERATION OF THE DECISION OF THE CITY COUNCIL ON THE ABOVE- MENTIONED MATTER. Very truly TSMAN & JAMIESON ST LLEN JAMIESON At s for the Applicant cc: Mohammed Khan Steve Neudorff khan.ltr ..ti._ o o 0 o ....O:;-"'-i "~"","",,- U.'~'--~S(~' .; -- . ...... -... ".., -..~ -, -,-c . -- .,. r"I.'''~_'~_ -~ ~:.{~~~,' ','Ji<- . CITY OF -~-:.-: ."~," --~" San Bernardino SHAUNA CLARK CITY CLEFlK July 17, 1990 Stephen Allen Jamieson Solomon, Saltsman & Jamieson 426 Culver Boulevard Playa Del Rey, CA 90293 Dear Mr. Jamieson: We are in receipt of your letter dated July 5, 1990, in which you requested reconsideration of the action taken by the Common Council of the City of San Bernardino relative to C. U. P. Mo. 90-15. Copies of the letter have been distributed to the Mayor and Common Council. The item relating to the findings to support denial of Conditional Use Permit No. 90-15 was on the Council Agenda for July 16, 1990, and was continued to August 20, 1990. If, at that meeting a motion is adopted to reconsider the decision of the Common Council, a hearing will be set for an appropriate date and time after notification has been made to the surrounding property owners informing them of the hearing. If we can be of further assistance, please contact this office. Sincerely, , 1;1. L, Mau?? tv d.02,<V . tv SHAUNA CLARK City Clerk SC:dr ee: Mayor and Common Council City Attorney Penman City Administrator Edwins POST OFFICE BOX 1311, SAN BIRNA"DINO CALIFORNIA .2412 PRIDE " OESS JOO NORTH D STREET SAN BERNARDINO CALIFORNIA 92418"0001 71./3,...112 7 1 4 I 3 , . . S 1 1 2