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. ClOt OF SAN BERNARDOIo - REQuC:)sT FOR COUNCIL AOION
From: Ralph H. Prince
Dept: City Attorney
Dau: November 5, 1986
Su~ect: Conditional Use Permit NOs.
86-28 and 86-33 - Move-Ons,
2130 and 2138 W. Lincoln Street
Synopsis of Previous Council action:
10/20/86 Council directed City Attorney to incorporate the findings of
fact of staff and the findings of fact enumerated during
discussion at Council meeting, and prepare findings denying
Conditional Use Permit Nos. 86-28 and 86-33.
11/3/86 Item continued to 11/7/86 to revise findings of fact.
Recommended motion:
Approve findings ot fact and deny Conditional Use
Permit Nos. 86-28 and 86-33.
A verbal re ort will be resented
Superlnten ent 0 BUl lng
Robbins, Actin
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Signature
Contact person:
william Sabourin
Phone:
5055
Supporting data attached:
Yes
Ward:
Sixth
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75.0262
Agenda Item No
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IN RE CONDITIONAL USE PERMIT )
NOS. 86-28 AND 86-33 )
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FINDINGS AND DECISION
The Mayor and Common Council on October 20, 1986, at its
regular meeting considered the application of William Adams
for Conditional Use Permit Nos. 86-28 and 86-33 in accordance
with San Bernardino Municipal Code Section 19.68.010.
After reviewing the record and receiving information and
being fully advised, the Mayor and Common Council make their
findings and decision as follows:
1. William Adams has heretofore filed an application for a
permit to move two existing single-family structures
presently located at 26470 Millar Street and 26432 Rainbow
Lane in Highland to 2130 and 2138 West Lincoln Street in an R-
1-7200, Single-Family Residential District.
2. San Bernardino Municipal Code Chapter 19.68 requires that
a conditional use permit be obtained prior to moving any
building within the City. One of the important concerns
addressed in the amendment of Chapter 19.68 was that a
conditional use permit be obtained prior to moving a building
to ensure that an area of the City would not be inundated
with a high number of requests for building move-ons.
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3. Move-ons have had a blighting influence in the general
area of the subject property.
4. There are existing move-ons in such general area which
have not been completed and which have become derelicts.
5. In the general area over the past two years, there have
been numerous requests for building move-ons and currently
over twelve units are in one stage or another in the
construction and/or development process.
6. untii such time as the other units have been completed
and occupied, the approval of new move-ons unduly burden the
general area.
7. Eight applications for move-on permits have been filed in
the neighborhood of the subject property.
8. Neither lot will be served by public sewers. The nearest
public sewer is a quarter mile from the subject property.
9. The proposed uses could adversely impact the community,
community growth and development of the area.
10. The granting of Conditional Use permit Nos. 86-28 and 86-
33 will be detrimental to the peace, health, safety and/or
general welfare of the citizens of San Bernardino.
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11. The proposed use is not compatible with the surrounding
uses within the immediate area and would have an adverse
effect on adjacent property.
12. The City wishes to encourage rehabilitation and
upgrading by new construction in the area for which the move-
ons are proposed under the conditional use permits.
DECISION
Based upon the foregoing findings, the findings of the
planning Department and the findings made at this hearing,
Conditional Use Permit Nos. 86-28 and 86-33 are denied.
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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
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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 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
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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."
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