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CITL OF SAN BERNARDIf, ) - REQUEr T FOR COUNCIL ACT ,)N
Frank A. Schuma
From: Planning Director
Subject:
Amendment to S.B.M.C. sections
19.26.020 - C.U.P. for Off-Site
Sales of Alcoholic Beverages
Mayor and Council Meeting of
February 17, 1986, 9:00 a.m.
Dept: Planning
Date: February 7, 1986
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on February 4, 1986, the
following recommendation was made:
The amendment to the San Bernardino Municipal Code, Section 19.26.
020., to require approval of a Conditional Use Permit for establish-
ment of off-site sale of alcoholic beverages in the C-2 Community
Commercial zone, was unanimously recommended for approval.
The Negative Declaration for environmental review was also
recommended for approval.
Recommended motion:
To approve the responses to comments and to adopt the Negative
Declaration for environmental review which has been reviewed and
considered.
To approve, .modify or reject the findings and the recommendation
of the Planning Commission and to direct the City Attorney to
prepare the necessary amendments to the Zoning Ordinance.
~O-N'-
Signature Frank A. Schuma
Contact person: ~_...
Frank A. Schuma
Phone:
383-5057
Supporting data attached:
Yes, S~af~_Report
Ward:
City-wide
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
J'1.
. Agenda Item NO,; ,
~ITY OF SAN BEh1\IARDINO"-
MEMORANDUNI
To
Planning Commission
From
Planning Department
Subject
Proposed Ordinance amending Section 19,26,020 of
S,B,M,C, to require the approval of a C,U,P, (to
establisll off-site sale of alcotlolic bey's in C-2
Date
February 4, 1986
zone)
Approved
Agenda Item No, 7
Date
The proposed ordinance amendment would require the approval of a conditional
use })errnit to sell alcoholic beverages, including beer and wine, for off-
site consumption in all Commercial zones. Said code requirement would
apply to all businesses which derive their principle revenue from
the sale of alcoholic beverages, .
Included within tbe code amendment are specific criteria to be considered
in evaluating the issue of compatibility to surrounding land uses.
San Bernardino Municipal Code Section 19,20,020 presently requires the
approval of a conditional use permit in all Commercial. zones for any
establishment offering alcoholic beverages for on-site consumption.
Th~ Environmental I{evi.t..w Comrr,itlec at their regular scheduled meeting
of January 16, 19HG issued a Negative Declaration for the subject
ordinance amendment.
RECOM!'lENDAT I ON
Staff recommends that the Planning Commission make a motion recommending
appro\/al of the proposed ordinance amendment and Negative Declaration
for consideration by tl1l: Mayor and Common Council.
Re~l)ectfully Sullnlitted,
FRANK A, SCliUMA,
Planning Director
&,,-/O-L-
DAVE ANDERSON, Principal Planner
(,ry ON rHI=.M~V.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.26.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT THE
ESTABLISHMENT OF OFF-SITE SALE OF ALCOHOLIC BEVERAGES IN A C-2
ZONE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.26.020 Subsection B Paragraph l~ of
the San Bernardino Municipal Code is amended to read:
.l~. Liquor store or other facility for the off-site sale
of alcoholic beverages, including beer and wine.
a. In granting a conditional use permit, the Planning
Commission and Mayor and Common Council on appeal, shall follow
the procedures set forth in Chapter 19.78 of this Code.
b. In making the findings required pursuant to Section
19.78.0~0, the Planning Commission, or the Mayor and Common
Council on appeal, shall consider whether the proposed use will
adversely affect the welfare of area residents or will result in
an undue concentration in the area of
establishments; the
from the dispensing
for
principle revenue of which is derived
sale or other consideration of alcoholic beverages, including
beer and wine. The Planning Commission, or the Mayor and Common
Council on appeal, shall also consider whether the proposed use
will detrimentally affect nearby residentially zoned communities
in the vicinity of the proposed use.
(1) Such use shall not be permitted within five
hundred feet of any of the following existing uses or areas zoned
for such use:
(A) residential buildings;
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--"---:o--"~----~=,,-_._-
(B) churches, schools, hospitals, public
playgrounds or other similar uses; and
(C) other establishments) the pr inciple
revenue of which is derived from the dispensing for sale or other
consideration of alcoholic beverages including beer and wine.
The use of premises as an establishment;the principle
revenue of which is derived from the dispensing for sale or other
consideration of alcoholic beverages, including beer and wine,
for off-site consumption may not be continued or re-established
without a conditional use permit granted in accordance with the
provisions of this section, if any of the following occur after
;
(1) the establishment changes its type of retail
liquor license within a license classification; or
(2) the operation of the establishment is
abandoned or discontinued for a period of one hundred and eighty
days, including the case where a license for such operation is
suspended for that period of time; or
(3) there is a substantial change in the mode or
character of operation of the establishment as determined by the
Planning Commission."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meeting thereof, held on
, 1986, by the
the
following vote, to wit:
2
,.
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinapce is hereby approved this
, 1986.
day
of
Mayor of the City of San Bernardino
Approved as to form:
City Attorney
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