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HomeMy WebLinkAbout1977-10-12; Planning Commission; Resolution 1416I -*- W (Y 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 5 21.50, the following uses and structures are permitted by 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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'' 1 2 3 4 5 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 6 8 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: 11 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 16 17 18 19 20 21 22 23 2 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." 24 26 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 ,- - // a. 00 1 2 3 4 5 6 7 8 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 : 9' 10 11 12 13 14 15 16 17 ~ ABSENT: 1 ~ ABSTAIN : ROBERT C. FRAZEE, Mayor ATTEST : MARGARET E. ADAMS, City Clerk (SEAL) 18 19 2o 1 21 ll 22 23 24 25 26 27 28 .2