HomeMy WebLinkAboutResolution - 3457 STATE OF CALIFORNIA ) RESOLUTION NO. 3457
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, DENYING AN APPEAL OF
THE PLANNING COMMISSION'S DECISION TO DENY A
CONDITIONAL USE PERMIT FOR ON-PREMISE SALE OF
BEER AND WINE AND ENTERTAINMENT (LIVE BAND &
KARAOKE)AT EL CAMARON PELAO SEA FOOD MARKET,
173 E. MAIN ST. (NORTH SIDE OF MAIN ST.
APPROXIMATELY 65 FEET WEST OF SHERIFF AVE.)
(APN 437-046-009) CUP NO. 5.12
WHEREAS, Miriam Jimenez filed an application, File No. CUP 5-12, for a
conditional use permit ("Application") to allow the on-premise sale of beer and wine and
entertainment(live band & karaoke)at El Camaron Pelao Sea Food Market located at 173
E. Main St., San Jacinto CA (APN 437-046-009) ("Subject Site"); and
WHEREAS, the property affected by the Application is within the Downtown
Commercial (DC) zoning district; and
WHEREAS, the Application was reviewed, studied, and found to be exempt
from the California Environmental Quality Act ("CEQA"); and
WHEREAS, on November 15, 2012 the Planning Commission of the City
of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on the
Application at which time all persons wishing to testify in connection with the Application
were heard and the Application was comprehensively reviewed; and
WHEREAS,the Planning Commission denied the Application, based on the
findings set forth by resolution; and
WHEREAS,Applicant filed an appeal of the Planning Commission's decision,
and
WHEREAS, on January 15, 2013, the City Council of the City of San Jacinto
City Council") conducted a duly noticed public hearing on the appeal at which time all
persons wishing to testify in connection therewith were heard and the appeal was
comprehensively reviewed; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
t
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 appeal for Application for Conditional Use Permit
No. 5-12, a request to allow the on-premise sale of beer and wine and entertainment(live
band & karaoke) 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 Downtown Commercial(DC)zone, including
the Revitalization Guidelines, is to revitalize the San Jacinto Downtown area. The City
Council determines that the on-premise sale of beer and wine and/or entertainment (live
band & karaoke) at the Subject Site has the potential to increase undesirable activities in
the Downtown Area, that the CUP would be difficult to monitor and enforce, and that the
proposed use would not contribute to the purposes or intent of the objectives of the
Downtown Commercial Zone, and would not help revitalize the San Jacinto Downtown
area.
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 the on-
premise sale of beer and wine and/or entertainment (live band & karaoke) and therefore
on-site parking is inadequate.
2. The proposed use will adversely affect the welfare of residents
because there is an undue concentration of establishments dispensing alcoholic
beverages, including beer and wine,within Census Tract 436.01, and the City Council does
not find any public necessity and convenience would be served by allowing the proposed
on-sales of beer and wine at the Subject Site.
3. The close proximity of the Subject Site to residences, schools
and a church would be materially injurious to these uses in light of the undue concentration
of establishments dispensing alcoholic beverages within the Census Tract in which the
Subject Site is located, in light of the potential negative effects of the proposed use and in
light of the noise that would be generated by the proposed entertainment (live band &
2
karaoke) included in the Application.
C. That the proposed conditional use would not comply with the
applicable provisions of the City of San Jacinto's Zoning Ordinance. This is because:
1. Even with the imposition of conditions, the proposed use will
place a strain on City resources; is not consistent with the intent of revitalizing the City's
Downtown Area; will negatively impact the quality of life for residents within the vicinity of
the Subject Site, and within the City; will increase noise levels, parking problems and
loitering; and will lead to an unacceptable saturation of establishments dispensing
alcoholic beverages within Census Tract 426.01, and the public convenience and necessity
does not warrant the proposed use despite such undue concentration.
SECTION 3. Effective Date. This Resolution shall become effective on the
date on which it is adopted.
PASSED, APPROVED AND ADOPTED, this 5th day of February, 2013.
Ayes: Ledezma, Miller, Ruiz, Bartel
Nays: None
Absent: Kotyuk
Abstain: None
City of San Jacinto
Mark Bartel, Mayor
ATTEST:
/4UyW,- --
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best, Best, and Krieger, LLP
Jefrey 5. Ball g r,�City A orney