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HomeMy WebLinkAboutS03-City Attorney .CIT(JoF SAN BERNARDI I() - REQUI!()I' FOR COUNCIL AC'OoN From: RALPH H. PRINCE So~~: Revocation of Conditional Use Permit Dept: Ci ty Attorney Da~: January 31, 1985 Synopsis of Previous Council action: Hearing on appeal of revocation of Conditional Use Permit No. 671 was held on January 21, 1985. Recommended motion: Adopt the Statement of Decision; Notice of Time Limits for Filing Petition for Writ of Mandate, and authorize and direct the City Clerk to serve a copy of such Statement and Notice to Robert Sullivan and his attorney, Toby Bowler. JUSTIFICATION FOR PLACEMENT ON SUPPLEMENT On January 21, 1985, the Mayor and Common Council heard the appeal of Robert Sullivan in the revocation of Conditional Use Permit 671 (Rumours). Code of Civil Procedure 51094.6 sets forth that a petition for writ of mandate shall be filed not later than the 90th day following the date the decision becomes final. To start this period runnin~, we e~end that the Statement of Decision be adopted ~ as soon as possible. ~ Signature FUNDING REQUIREMENTS: Amount: n Ir. Phone: 5162 Ward: A/a Source: A/a Finance: A/a Contact person: John F _ Wi 1 Rnn Supporting data attached: Staff M..mo Council Notes: 75-0262 Agenda Item No 51'.3 JI._.I....1 ,CITOOF SAN BERNARDIO - REQUIOT FOR COUNCIL ACCaON STAFF REPORT The attached is a Statement of Decision which should be adopted by the Mayor and Common Council pursuant to their decision made on January 21, 1985, to affirm the decision of the Planning Commission to revoke Conditional Use Permit No. 671. 75-0264 0' 13 o o o 1 2 BEFORE THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 3 4 IN TilE MATTER OF TilE APPEAL OF ROBERT SULLIVAN, REVOCATION OF CONDITIONAL USE PERMIT NO. 671. ) ) ) ) ) STATEMENT OF DECISION; NOTICE OF TIME LIMITS FOR FILING PETITION FOR WRIT OF MANDATE 5 6 7 8 9 Pursuant to San Bernardino Municipal Code Section 19.78.070, the above-captioned matter pertaining to Revocation of Conditional Use Permit No. 671 came on for hearing on appeal on January 21, 1985, at 7:00 p.m. before the Mayor and Common Council of the City of San Bernardino, sitting as a board of 10 11 12 administrative review. An original hearing was conducted in this matter before the 14 Planning Commission on December 4, 1985. The hearing was 15 conducted pursuant to San Bernardino Municipal Code Section 16 19.78.ll0(A) to consider the revocation of Conditional Use Permit 17 No. 671, a dance and live entertainment permit issued to Rumours 18 Nightclub. Robert Sullivan, the appellant, was present at that 19 hearing, and gave testimony. Mr. Sullivan was represented at 20 that hearing by Toby Bowler, attorney at law. After review of 21 the record, the taking of testimony, and the examination of all 22 evidence submitted in the matter, the Planning Commission 23 determined at that time that: (1) full compliance with the 24 previously imposed conditions of the Conditional Use Permit had 25 not been achieved; (2) that based on numerous complaints from 26 surrounding residents, and from the amount of Police activity at 27 the location, the operations of Rumours Nightclub is determined 28 to be creating a public nuisance; and (3) Conditional Use Permit O' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - o o o No. 671 is being, and has been, exercised so as to be detrimental to the public health and safety of the citizens of the City of San Bernardino. Based on the grounds as set forth above, on December 4, 1984, the Planning Commission adopted a motion, pursuant to San Bernardino Municipal Code Section 19.78.0l0(A)(2- 3) revoking Conditional Use Permit No. 671. At the appeal hearing of January 21, 1985, Robert Sullivan, the appellant, was present and was represented by Toby Bowler, attorney at law. The Planning Commission of the City of San Bernardino was represented by Frank Schuma, Planning Director, and John F. Wilson, Deputy City Attorney. Pursuant to San Bernardino Municipal Code Section 2.64.080, the appellant was afforded the opportunity to present new and additional evidence and to present argument. Pursuant to San Bernardino Municipal Code Section 2.64.080, the Mayor and Common Council heard the arguments made by the appellant and examined the staff report and minutes of the Planning Commission meeting of December 4, 1984. The appellant presented no new evidence. The Mayor and Common Council, being fully advised, make the following findings and decision. FINDINGS 1. The use for which the permit approval was granted is being exercised so as to constitute a nuisance. 2. The permit is being exercised contrary to the conditions of such permit. 3. The use for which the permit approval was granted is being exercised so as to be detrimental to the public health and safety. 2 ',"0' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ o o STATEMENT OF DECISION 1. The Mayor and Common Council of the City of San Bernardino hereby affirm the decision of the Planning Commission to revoke Conditional Use Permit No. 671. DATED: AYES: Council Members NAYS: ABSENT: * * * PLEASE TAKE NOTICE that the time within which judicial review of the decision in this matter must be sought is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure which provides, in part, as follows: "(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. . . . * * * (d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b), the time 3 --0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 n 23 24 25 26 27 28 o o o within which a petition pursuant to Section 1094.5 may be filed shall be- extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one." PLEASE ALSO TAKE NOTICE that Section 1.26.030 of the San Bernardino Municipal Code provides as follows: "1.26.030 Preparation and payment for record and reporter's transcript. Upon the filing of a written request for the record of the proceedings or any portion thereof, an, amount estimated to cover the actual cost of preparing the record shall be deposited in advance with the City official preparing the record. The record prepared by the City official shall include the transcript of the proceedings, other than a reporter's transcript; all pleadings, notices, orders, final decision, exhibits admitted or rejected, all written evidence, and any other papers in the case. When a hearing has been reported by a court reporter and the petitioner desires a reporter's transcript, the petitioner shall arrange directly with the court reporter for the transcript, pay the reporter directly, and lodge the transcript with the court, serving notice of the lodging to the City Attorney." 4