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CITY OF SAN BERroRDINO - REQUEST OR COUNCIL ACTION
From: Al Boughey,.. Director
Subject:
Appeal of Review of Plans No. 89-4(
Amendment to Conditions and'
Appeal of Conditional Use Permit No,
91-22
Dept: Planning & Building Services
Date: December 18, 1991
Mayor and Common Council Meeting
January 6, 1992
Synopsis of Previous Council action:
On December 2, 1991, the Mayor and Common Council continued the
appeal of the Planning Commission's denial of Review of Plans
No. 89-40 (Amendment to Conditions) and Conditional Use Permit
No. 91-22 for 30 days, so that a meeting of all interested parties
could be held.
Recommended motion:
That the hearing be closed and that the Mayor and Common Council
deny the appeals and deny Review of Plans No. 89-40 (Amendment to
Conditions) and Conditional Use Permit No. 91-22 (supports staff
recommendation and Planning Commission's action); or
That the hearing be closed and that the Mayor and Common Council
approve Review of plans No. 89-40 (Amendment to Conditions) and
Conditional Use Permit No. 91-22 in concept and refer the matter
back to staff to develop positive Findings of Fact.
at 1J~ Itl<.
Al B h Signature
oug ey
Contact parlon: Al Bouqhey
Phonal 384-53<;7
Supporting data attached:
Memo
Ward:
3
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT, DESCRIPTION)
Finance:
Council Notes:
"I1l;.n"""
Agenda Item No. ~.5'"'
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CI-TY OF SAN BERrORDINO - REQUEST OR COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Review of Plans No. 89-40
Amendment to Conditions and Appeal of
Conditional Use Permit No. 91-22
On December 4, 1991, a meeting was held in the Council conference
room. In attendance were the applicant and his representative,
representatives from the Rialto Unified School District,
representatives from the Planning Division, representatives from
the Attorney's Office, and Councilman Hernandez.
Primarily the discussion centered around the school district's
opposition to an ABC license across the street from the new high
school on the southwest corner of Mill and Pepper. It was the
feeling of the school district that having beer and wine available
at the proposed site would provide an opportunity for high school
aged children to obtain alcoholic beverages which is not in the
health and safety interest of this age group.
The applicant volunteered to provide a security guard and also to
self police his business. He offered to call the school anytime
a high schooler attempted to obtain alcohol from his store. The
applicant further felt that it was unfair of the City to take into
account his past record of selling to minors when making the
decision as to whether or not he would be granted a Conditional Use
Permit to sell beer and wine at the site.
The meeting concluded with Councilman Hernandez stating that,
unless the applicant could present convincing evidence to the Mayor
and Common Council, the support provided would be to the school
district, and not to the applicant.
Staff Recommendation
That the hearing be closed and that the Mayor and Common Council
deny the appeals and deny Review of Plans No. 89-40 (Amendment to
Conditions) and Conditional Use Permit No. 91-22 (supports staff
recommendation and Planning Commission's action).
75.0264