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From:
'Clf:( OF SAN BERNARDI~ - REQU~ FOR COUNCIL AchbN
"~I 9'
REC'D.-ADMI1lY~. Findings or Fact ror Conditional
Use Permit No. 87-37
n87 OCT -8 (,n ",. j'Mayor and Council Meeting or
October 19, 1987, 2: 00 p.m.
Dept:
R. Ann Siracusa
Director or Planning
Planning
Date:
October 7, 1987
Synopsis of Previous Council action:
Previous Planning Commission action:
On August 18, 1987, the Planning Commission approved Conditional
Use Permit No. 87-37; to permit the orr-site sale or alcoholic
beverages rrom a proposed convenience store.
Vote: 5-0, 3 absent.
Previous Council action:
On October 5, 1987, the City Council ullheld an appeal or CUP 87-37
and denied the request for an alcohol Conditional Use Permit for
ofr-site consumption.
Recommen'.led motion:
That the Mayor and Council adopt negative Findings of Fact to support
the denial of Conditional Use Permit No. 87-37.
illW~~~
Signature R. ANN SIRACUSA
Contact person:
R, Ann SiracusA
Phone:
,RL..-~n~7
Supporting data attached: _ Staff Report
Ward:
s
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
Agenda Item NO.c:::::2 1,
'clff OF SAN BERNARDI~ - REQUE~ FOR COUNCIL AcfibN
STAFF REPORT
BACKGROUND
On October 5, 1987, the Council heard an appeal of CUP 87-37 to
permit an alcohol outlet for off-site consumption for a convenience
store located at the southwest corner of 33rd and E Streets.
Pursuant to a public hearing, the Council upheld the appeal and
denied Conditional Use Permit 87-37 without adopting the Findings
of Fact required by Section 19.73.050 of the San Bernardino
i1unicipal Code,
Based on the testimony presented at the Planning Commission on
August 18, 1987, and at the City Council appeal hearing on
October 5, 1987, staff has drafted the Findings in Attachment A for
Council's consideration and adoption.
MUNICIPAL CODE REQUIREMENT
Section 19.78.050 SBMC sets.forth the Findings of Fact required
for approval of a Conditional Use Permit. (Attachment B) Similar
negative Findings of Fact must be made for denial of a Conditional
Use Permit.
RECOMMENDATION
That the Council adopt the negative Findings of Fact shown in
Attachment A to support denial of Conditional Use Permit 87-37.
Prepared by: R. Ann Siracusa
Director of Planning
Attachment A - Proposed Findings of Fact
Attachment B - Excerpt from San Bernardino Municipal Code
15-0264
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FINDING OF FACT
CONDITIONAL USE PERMIT NO. 87-37
ATTACHMENT A
Section 19.78.050 of the San Bernardino Municipal Code requires that
prior to approval of a Conditional Use Permit the Planning Commission
must make a Findings of Fact that the evidence presented shows that
all of the following conditions exist:
1.
conforms to the ob'ectives of the
E ements in t at t e propose ~s a perm~tte
Zone and is consistent with the General Commercial
designation of the General Plan.
Cit 's General
use ~n t e C- A
Land Use
2. The land uses
and in w ~c it is ro osed
to e ocate in t at t.e proximity 0 a - our conven~ence store
and alcohol outlet woUIdincrease the noise, litter, and traffic
level in the adjacent residential neighborhood, impare the route
that children use to walk to school and affect local churches.
3.
4. The traffic enerated b
bur en u on t e streets an iahwa s
carry the tra ic in the area in that although
widened to its designed right-of-way along the eastern boundry
of the property and adequate parking will be provided on-site,
the high volume of traffic and the number of traffic accidents
in the immediate vicinity would be increased by the use and the
traffic on residential streets would increase,
5. of
will be
wel are 0 t e citizens 0
there are a su icient num er 0 on an 0 -site a cohol
outlets in the immediate area to service the public and an
additional alcohol outlet would adversely impact the area by
increasing the traffic, late night noise, litter, potential civic
vandalism and generally be disruptive to surrounding residential
uses.
clj
10/7/87
MISC/DOC
CUP8737FF
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ATTACHMENT B
EXCERPT
From
City of San Bernardino Municipal Code
Section 19,78
CONDITIONAL USE PERMITS
19,78.050 Required findings,
All conditional use permits may be granted by the Mayor
and Common Council or Planning Commission after the re.
quired public hearings. Before the Mayor and Common Council
or Planning Commission may grant any request for a condi.
tional use permit, it must make a finding of fact that the
evidence presented shows that all of the following conditions
exist:
I. The proposed use conforms to the objectives of the City's
General Plan Elements;
2. That the proposed use will not adversely affect the adjoin.
ing land uses and the growth and development of the area
in which it is proposed 10 be located;
3. That the size and shape of the site proposed for the use is
adequate to allow the full devdopment of the proposed use
in a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfare;
4. That 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. That the granting of the conditional use permit under the
conditions imposed, if any. wil1 not be detrimental to the
peace, health, safety, and general welfare of the citizens of
the City of San Bernardino.
(Ord.MC.134, 1982;Ord.1991 ~ 28.5.1953.)