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HomeMy WebLinkAboutResolution - 3443 STATE OF CALIFORNIA ) RESOLUTION NO. 3443 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ESTABLISH A COMMUNITY EVENTS (BANQUET ) HALL AT 790 S. STATE STREET, SUITE G (APN 435-330-016): CUP NO. 3-12. WHEREAS, Jeff Rahman filed an application, File No. CUP 3-12, for a conditional use permit to allow the establishment of a 3,750 square foot community events (banquet) hall ("Application") at an existing commercial building located at 790 S. State Street, Suite G, San Jacinto CA, APN 435-30-016 ("Subject Site"); and WHEREAS, the Subject Property is designated by the General Plan as "Industrial" and is zoned Industrial (M-1); and WHEREAS, on August 20, 2012, the City Council set a public hearing for CUP 3-12, rather than ratifying the Planning Commission's approval of said Application; and WHEREAS, on September 18, 2012, the City Council conducted a duly noticed public hearing concerning CUP 3-12, at which all persons wishing to be heard were provided an opportunity to provide information to the City Council; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council denies the Application for Conditional Use Permit No. 3-12, a request to allow the establishment of a 3,750 square foot community events (banquet)hall at an existing commercial building located at the Subject Site. SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, including the staff report, the City Council finds as follows: A. That the proposed location of the conditional use is not in accord with the objectives of the City of San Jacinto's Zoning Ordinance and the purposes of the zone in which the site is located. This is because: 1. The purpose of the Industrial (M-1) zone is "to encourage sound industrial development in the city by providing and protecting an environment exclusively for such development". The City Council determines that a community events (banquet) hall would not encourage sound industrial development, such as use is not industrial in character. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained would be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. This is because: 1. The Subject Site was not designed to accommodate assembly type uses, such as a community events (banquet) hall, and therefore on-site parking is inadequate. 2. The provision of parking by way of an off-site parking lot, across a busy City street (7th Street) would place visitors to the banquet hall in extreme danger when walking to and from their parked vehicles. The likelihood of such danger would be exacerbated by the potential for either permitted or unpermitted alcohol consumption during banquets. 3. The close proximity of the building proposed to be used as a banquet hall to the adjacent property (on the Southwest corner of 7th and State St.) would be materially injurious to that property, since visitors to the banquet hall would be inclined to trespass onto such property, including both as pedestrians as well as by driving and parking vehicles on such adjacent property. C. That the proposed conditional use would not comply with each of the applicable provisions of the City of San Jacinto's Ordinance. This is because: 1. A community events (banquet) hall is not listed as permitted or conditionally permitted use within the Industrial (M-1) Zone, and the City Council determines that a community events(banquet) hall is not of the same general character as those permitted or conditionally permitted uses listed in said zone. SECTION 3. Effective Date. This Resolution shall become effective on the date on which it is adopted. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council on the 2nd day of October, 2012 by the following vote: Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk Nays: None Absent: None Abstain: None City of San Jacinto nd�rew�KKotyuk, Mayor ATTEST: Ri AIL haIler, City Clerk APPROVED AS TO FORM: Best, Best, and Krieger, LLP effr . Balling , City Attorney