HomeMy WebLinkAbout1977-10-12; Planning Commission; Resolution 1416I -*-
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PLANNING COMMISSION RESOLUTION NO. 1416
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ALLOWING
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF LA COSTA AND EL CAMINO REAL. CASE NO: ZCA- 93 APPLICANT: CITY OF CARLSBAD
ALCOHOLIC BEVERAGES IN A C-1 ZONE ON PROPERTY
WHEREAS, a verified application to permit alcoholic bevt
by a Conditional Use Permit in the C-1 Zone has been filed w:
the City of Carlsbad and referred to the Planning Commission
WHEREAS, the Planning Commission did hold a duly noticec
public hearing on October 12, 1977, to consider the subject
amendment ; and
WHEREAS, the Planning Commission received all testimony
from those persons interested in and opposed to, if any, the
proposed Zone Code Amendment; and
WHEREAS, the Planning Commission did find the following
facts and reasons to be present which in their opinion are
necessary to carry out the general purpose of Title 21 of the
Municipal Code:
A) Restaurants with on-sale alcohol are a compatible use in neighborhood shopping areas if developed and operated as required in this Zone Code Amendment.
B) A Negative Declaration was filed indicating that the perm of on-sale alcoholic beverages in the C-1 zone will have adverse effect the environment as per the Environmental Protection Act of 1972.
C) All measures necessary to insure compatibility of the use with the neighborhood have been proposed as conditional, and for the reasons given in the staff report.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commissi
of the City of Carlsbad that it does recomend approval to th
City Council of an Amendment to Title 21 of the Municipal Cod
,- .- - 1 as set forth in Exhibit "B" dated October 13, 1977, with the //
2 following addition to Section 21.26.015 of said Exhibit "B". 11 3 "21.26.015 Uses and Structures Permitted by Conditional Use Permit. Subject to the provisions of Chapters 21.42 and
Conditional Use Permit: 4
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21.50, the following uses and structures are permitted by
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1. On-premise sale of liquor, within a bonafide public
eating place as defined in Section 23038 of the
Business Professional Code, State of California, subject to the Planning Commission making the follom
findings :
a. There are specifically designated parking spaces
b. Traffic flow on public streets or in parking are
that are sufficient for the use.
will not cause congestion or be detrimental to other nearby neighborhood commercial uses.
c. That all measures have been taken to insure com- patibility with the use to the surrounding neigh borhood.
2. Residential uses located above the ground floor of a multistoried building when one or more of the uses permitted by Section 21.16.010 is located on the gro floor of such building."
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on October 12, 1977, b
the following vote, to wit:
AYES : Commissioner Rombotis, L'Heureux, Watson, Fikes, Jose, Woodward.
NOES : Commissioner Larson.
BSENT : None. i RIC LA SON, Chairman
*. , - a. m13/77 IBIT ''B''
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21, CHAPTER 21.26 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SALE OF LIQUOR BY CONDITIONAL USE PERMIT SECTION 21.26.015 TO PERMIT THE ON-PREMISE
IN THE C-1 ZONE. CASE NO. ZCA-93
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ordain as follows: 7
The City Council of the City of Carlsbad, California, do
Municipal Code is amended by the amendment of Section 21.26.0 g
SECTION I: That Title 21, Chapter 21.26 of the Carlsbad
10 to read as follows:
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1. On-premise sale of liquor, within a bonafide public 13
"21.26.015 Uses and Structures Permitted by Conditional Use Permit. Subject to the provisions of Chapters 21.42 and
Conditional Use Permit: 12 21.50, the following uses and structures are permitted by
eating place as defined in Section 23038 of the
14 Business and Professional Code, State of California,
findings : 15
subject to the Planning Commission making the follow
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a. There are specifically designated parking spaces
b. Traffic flow on public streets or in parking are;
that are sufficient for the use.
will not cause congestion or be detrimental to other nearby neighborhood commercial uses.
c. That all measures have been taken to insure com- patibility with the use to the surrounding neigh1 hood.
Residential uses located above the ground floor of a multistoried building when one or more of the uses permitted by Section 21.26.010 is located on the groz floor of such building."
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days after its adoption, and the City Clerk shall certify to t 25
EFFECTIVE DATE: This ordinance shall be effective thirtl
adoption. 28
once in the Carlsbad Journal within fifteen days after its 27
adoption of this ordinance and cause it to be published at le2
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of
1977, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Cou
held on the day of , 1977, by the followi
cote, to wit:
AYES :
NOES :
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~ ABSENT: 1
~ ABSTAIN :
ROBERT C. FRAZEE, Mayor
ATTEST :
MARGARET E. ADAMS, City Clerk
(SEAL)
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