HomeMy WebLinkAbout1979-06-13; Planning Commission; Resolution 1525'. 7 % : '=. e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 1525
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN FOR A 1.2 MGD OXIDATION DITCH
WASTEWATER TREATMENT FACILITY, INCLUDING EFFLUENT
LINE AND PERCOLATION PONDS ON PROPERTY GENERALLY
LOCATED NORTHEAST OF EL CAMINO REAL, SOUTH OF
HIGHWAY 78.
CASE NO: PDP-2
APPLICANT: ROY WARD, LAKE CALAVERA HILLS ASSOCIATEE
WHEREAS, a verified application for certain property,
generally located northeast of El Camino Real, South of Highb
78, and more particularly described on Exhibit Y, dated April
11, 1979, attached hereto which has been filed with the City
of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the following de
April 11, 1979, April 25, 1979, May 23, 1979, June 4, 1979, k
public hearings as prescribed by law to consider said request
WHEREAS, at said public hearings, upon hearing and consi
all testimony and arguments, if any, of all persons who desir
to be heard, said Commission considered all factors relating
to the Precise Development Plan (PDP-2), and found the follou
facts and reasons to exist:
1. The proposed Precise Development Plan insures compatibil
of the development with the General Plan because:
a) The General Plan Land Use Element designates a pub1
utility in this area.
b) Subsequent development in the area served by the treatment plant will be consistent with the General
Plan because all zoning in the service area is
consistent with the General Plan.
2. The proposed Precise Development Plan insures compatibil
of the project with surrounding development because:
.I b j
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 1
19 I
20
21
22
23
24
25
26
27
28
0 0
a) Adequate measures are required as part of the appro’
to mitigate any adverse impacts the property may ha1
b) The location of the project in a valley will reduce
adverse impacts to surrounding property.
3. It has been determined that the proposed Precise Develop]
Plan will not result in any significant adverse impacts ’
the environment due to the following reasons:
a) The conditions of approval, include mitigation measi outlined in EIR-528, that mitigate potential adversl
environmental impacts.
b) Changes or alterations have been required which mit
the significant environmental effects as identified the project EIR.
c) The project will be subject to further review and approval by affected State and Federal agencies. S review constitutes additional environmental impact assessment, and ensures the project’s compatibility with the contiguous natural and manmade environment
d) The Environmental Protection Agency has prepared a
study on the proposed oxidation ditch process. The
study found the process both reliable and highly
competitive with respect to other secondary and adv
waste water treatment systems.
4. The proposed Precise Development Plan provides for publi
facilities as necessitated by development and/or approva in the area:
a) The proposed waste water treatment facility will se as a complimentary use to the existing Encina sewag treatment plant by providing the City with addition sewer capacity.
b) . The proposed reclamation facility will reduce the
amount of potable water necessary to serve the serv area as delineated in EIR-528 in the future.
c) Said reclamation system could allow for the preserv and continuation of agricultural production.
d) The proposed treatment facility will be financed by
those utilizing the facility.
e) All other public facilities will be available at ti
of development.
//
//
.2
, '. '.'t'
,. I/ 0 *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, the Planning Commission, by the following vote,
recommended approval of Precise Development Plan (PDP-2) with
certain conditions:
General
1. Development of the site shall occur substantially as indicated in Exhibit "G" dated April 4, 1979, attached
hereto, and as shown on Exhibits A-1, B, D and F-1
dated April 11, 1979, for the wastewater treatment plant
and Exhibit A-2, and E dated April 11, 1979, for the
percolation ponds; except for modifications and necessar
back-up systems not affecting the plant operational
efficiency that are approved by the Public Works Adminis
2. In addition to the approval of the development indicated
the exhibits noted above, all other requirements and app tenances as listed in this approval shall be indicated o the final Precise Development Plan.
Treatment Plant
3. The proposed treatment plant shall be constructed in one
phase as a 1.2 mgd capacity plant with percolation ponds
effluent lines to serve ponds, and all other necessary
appurtenances to operate the treatment plant.
4. A reversible force main connecting the treatment facilit:
to the Encina line at El Camino Real shall be constructec
as part of this project.
Reclamation
5. All wells, pumps, check dams and other appurtenances
necessary to reclaim water from the recharge basin noted Exhibit "E" shall be constructed as part of this project Prior to any grading, construction or placing of equipme] plans for this facility shall be submitted and approved I the Planning Commission.
6. All effluent from the treatment plant shall be reclaimed and utilized for replacement of existing or planned potal water (Type I). The amount of sewer capacity allocated T future developments shall be equaled by the amount of reclaimed water that can be guaranteed for use by the
applicant for such development.
7. All users of the treatnent plant shall provide a plan thz
guarantees a method to util'ize the reclaimed water prior to any approval pursuant to their projects. The water // ii
.3
0 e
1
2
3
4
5
6
may be applied to agricultural uses, and landscaped portions of parks, schools, or private areas. Said reclaimed water shall not be applied to native vegetatio:
or areas where there is no present or planned potable wa.
uses. As a guide to determine adequate land to utilize
the reclaimed water the ratio for gallons of water on ac.
of land should be based on 1 acre of agricultural land fc each 3,000 gallons or 1 acre of landscaped land for each
800 gallons. Depending on location, soil type and plant, the ratio may differ from this guide.
8. 7
8
9
10
11
12
13
14
15
16
17
18
19
9.
10.
20
~
The method of guranteeing utilization and schedule of us
of reclaimed water shall be submitted to the Planning Director. The Planning Director in approving the land t8 be used for reclaimed water shall give preference tc! lan
near the recharge basins or served by gravity flow from the systems required per Condition No. 5, in order to
conserve energy required for pumping.
The applicant 'shall be responsible for the construction
mains, wells, pumps, check dams, and all other appurtena
necessary to reclaim water from alternative recharge bas located in the Agua Hedionda drainage basin if it is determined that these recharge basins are preferable in of an effluent fail safe line. Such determination shall made prior to the City accepting any portion of the treatment facilities. Prior to any grading, constructio
or placing of equipment, plans for this facility shall b
approved by the Planning Commission by a Conditional Use Permit.
Any appurtenances not part of this application or approv
necessary for reclamation, storage, or use of the plant
effluent shall be subject to Planning Commission review
approval. At the time of review the Planning Commission
shall determine if such appurtenances will have a signif
adverse effect on surrounding property. If it is determ
that the appurtenances will have a significant adverse effect, a Conditional Use Permit shall be required.
21 11. The applicant shall provide necessary easements on his property and pay his fair share of the costs for a dispo
to be necessary. Such determination shall be made prior
22 effluent fail safe system as such system is determined
23
Administration 24
City accepting any portion of the treatment facilities.
25
26
27
28 I
12. Upon completion of construction and prior to operation o
the plant, the site and all structures and appurtenances
for the treatment facilities, and recharge basins as sho
on approved exhibits, a 30' wide access way from Tamarac
Boulevard to the treatment facility, and any other
appurtenances approved by this action shall be dedicated the City of Carlsbad free of liens and encumbrances.
.4
I, 0 6
1
2
3
4
5
6
7
8
9
13. The applicant shall be responsible for the funds to cons. the facilities as approved. Any reimbursement agreement; must be approved by the City prior to submittal of any application for project not already approved or in proce; of acquiring discretionary approval. Any expenditures b: the applicant in advance of a final agreement with the C.
is at the risk of the applicant.
14. The City shall adopt a method to allocate sewer permits t
growth management program for the area serviced by this
facility prior to submittal of any application for projec not already approved or in process by the City. This allocation system or growth program may include, but not limited to; limitation on how many permits would be issut the phasing of issuance of permits, a program to determil
who shall receive such allocation, and the extent of the
service area.
10 15. Access easements if necessary for operation and maintenal
of the percolation ponds, effluent line and necessary
Lake Calavera Hills Associates, if the City agrees to acc
11
the facility. 12
appurtenances shall be granted to the City of Carlsbad b;
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16. The applicant shall provide all necessary easements over Lake Calavera Hills property to accommodate sewer servict and reclamation for all other properties in the drainage basin.
17. No application for sewer permits, building permits or an!
discretionary action shall be issued by the City until a construction contract for the plant has been formally ag~ upon and a completion date tentatively established, then
approvals may be granted and construction commenced, how6
no dwelling units shall be granted a certificate of occur
or shall be allowed to be offered for sale until such tin as the satellite treatment plant is operational and accel by the City.
Construction and Operation 'Deta.ils
18. The applicant shall submit master CC&R'S for the Lake Calavera Hills development holding the City harmless for
any adverse effects the treatment plant may cause and such hold harmless agreement shall be recorded at the San Diego County Recorder's Office.
19. A condition shall be placed on all development permitted to use this wastewater treatment facility that prohibits
the use of self-regenerating water softners. The Lake Calavera Hills development shall contain such prohibitior in the CC&R'S.
20. The applicant shall submit and process a parcel map creat separate lots for the treatment plant and recharge basin:
.5
,* 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.
22.
23.
The Lake Calavera Hills Master Plan (MP-l50(A) shall be
amended as required by the approval of the Zone Change a:
Precise Development Plan.
The applicant shall secure easement rights for the City prohibiting the location of any habitable building withi:
100 yards from the outside edge of the service road or structure and equipment, whichever is nearer to habitablc
buildings as indicated on Exhibit A-1. Tentative Map 76
and PUD-4 shall be amended if necessary showing such easement prior to final map and final PUD.
A design study for the facility shall be submitted by La1
Calavera Hills Associates to the Public Works Administrai
or his designee and shall include the following special
studies: foundation, seismic safety, expansive soil, so: stability, and special engineering requirements, so that the project will be designed with adequate safety margin!
24. Grading plans for all facilities shall be approved by thc
Public Works Administrator or his designee, prior to issuance of building permits. Such plan shall include provisions to limit grading, cut and fill and excavation to the minimum areas necessary to prepare construction
pads and excavate for treatment, transport and disposal facilities.
25. Drainage facilities adjacent to the treatment plant and
percolation ponds shall be designed to accommodate a 100 year flood and protect the treatment plant and percolatic ponds. These facilities shall be constructed concurrent] with grading activity.
26. Surfaces shall be graded to direct runoff toward designec
drainage facilities and away from any cut and fill slope:
27. Land shall not be cleared of vegetation except immediate:
before grading, and grading should take place only durinc dry season (April 16 to October 31).
28. All graded slopes shall be stabilized for erosion contro: immediately following grading by the developer.
29. Landscape and irrigation plans shall be submitted for the
approval of the Planning Director. The landscaping shall
be designed to screen the treatment facilities recharge
basins from surrounding properties. Plans shall include
growing tall trees as well as a combination of shrubs and
ground cover, Plants shall be drought tolerant, fire
retardant where necessary and easily maintained. The ap-g
landscaping and irrigation shall be fully installed priox
the City accepting the facilities,
30. Natural vegetation and existing eucalyptus trees shall be
retained wherever possible.
.6
.. 7 .. .
I, I1 0 e
1
2
3
4
5
6
7
31. All pumps, generators and other noise producing mechanism
shall be placed underground and/or shielded in such a man to reduce noise attributed to the facility to a maximum o
55 dba at property line of all facilities.
32. The applicant shall submit an archaeological investigatio
for the approval of the Planning Director that indicates location of any archaeological resources that could be affected by the construction of the treatment facility, recharge basins, effluent line and any accessory pumps,
access roads, wells, etc. The final Precise Development
shall include means to mitigate any potential impacts not
in this investigation,
8 33. The access way from the plant to Tamarack shall be improv
with a minimum of 20' wide asphalt concrete driveway and
9 approved by the City Engineer and Fire Marshall.
10
11
12
13
34. A fire hydrant shall be placed on the site and. approved b
the Fire Marshall.
35. An asphalt concrete driveway shall be provided to the percolation ponds. The location, dimension and construct of the driveway shall be to the satisfaction of the City Engineer and the Planning Director.
14
15
36.
16
17
l8
~
The equestrian trail through the treatment plant site as
on Exhibit A-1 dated April 11, 1979, shall be constructed
the applicant and maintained by the Lake Calavera Hills
Homeowners's Association. The portion of the equestrian located between the treatment plant and the recharge basi shall be placed within the effluent line easement, and sk
be constructed by the applicant and maintained by the Lak
Calavera Hills Homeowner's Association. The CC&R'S for I
Calavera Hills shall contain this condition.
19
20
21
22
23
24
25
26
27
28
37. Final plans for treatment facilities and recharge basins shall indicate appropriate lighting to provide adequate night time operations. Such lighting shall be designed i a manner so that nearby residences or public streets are adversely affected. The lighting plan shall be subject t the approval of the Planning Director.
38. The treatment facility, recharge basins and any other mechanical appurtenances shall be totally enclosed by a f a minimum of 8' in height and designed for security purpc subject to the requirements of the State Water Quality
Control Board.
39. The applicant shall provide a method approved by the
Public Works Administrator for the disposal of sludge crc by the treatment plant.
40. All equipment proposed to be placed on any roof shall be screened from public and subject to the approval of the
Planning Director.
I1 .7
#. ,>,I
', 0 0
1
2
3
4
5
6
41. After approval, the applicant shall submit a reproducible
copy of the Precise Development Plan which incorporates a
requirements of the approval to the City Manager for
signature. Prior to signing the final Precise Developmen
Plan, the City Manager shall determine that all applicabl
requirements have been incorporated into the plan and tha
conditions of approval have been satisfactorily met or
otherwise guaranteed. The final signed Precise Developme
Plan shall be the official site layout plan for the prope and shall be attached to any application for a building p
on the subject property.
7 WHEREAS, the Planning Commission, by the following roll c
8
above. 9
vote, recommended APPROVAL of PDP-2 , for the reasons set fort
10
ABSTAIN : L'Heureux. 12
NOES: None. 11
AYES: Rombotis, Marcus, Jose, Larson, Wrench, Schic
13
14
15
ABSENT : None.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoins
16
17
18
19
20. ~
22 21 I
recitations
ATTEST :
are true
I
and correct.
CARLSBAD PLANNING C fi SSION n
/
23kFH?5G.S* f 4 "-7 "
2 4, ,/' , /' &[ J
26 I/ 27
28
.8
*I.. ,.I. e e.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD 1 ss
I, JAMES C. HAGAMAN, Secretary to the Planning Commission
of the City of Carlsbad, California, do hereby certify that th
foregoing resolution was duly introduced, approved and adopted
by the Planning Commission of the City of Carlsbad at a regula
meeting of Said Commission held on the 13th day of June
1979, by the following roll call vote:
AYES: Schick, Rombotis, Larson, Marcus, Jose, Wrenck
NOES : None.
ABSTAIN: L'Heureux.
ABSENT : None.
15
16
17
18
*n /,' /'
c;./ ,/~ARLSBAD PLANN 'G COMMISSION Y
19 I PDP-2
20
21
22
23
24
25
26
27
28 .9
+ ~ ... m W
..
~.. -. ._ ,. .. f v,~-.wN l" ?a
C1-w aF= cow= aLm.
L"-EEk
l' spsa DIEtw coLb4w
CAtAVFRA
SEWUE mE
...... .. - 4/11/75
EXHIBIT Y
. ... . .... ~. ... .. -. . ,..,.., , . . ,,.>.: , . . \IT_..+<d.. :, - . . ,.. ..-.r-.. .., , -.-.,~.. .-~ .,..". i. ,, .I ..""-." "". ."".. .""". "- _.""l_"_"_ "."_"." "_ -..-.--. -.-.--.- --
. Y..kkj p.6 1 c .cJ I ! "i C;-ct_. 68 /jV*E%A e . Carlsbad, Ca. &OG8 e " ~
(7 14) 729-491 2
.' H-.Zp&LS s, .
-4
TO: Planning Director . Public Works Director 4/4/79
SUBJECT: CLARIFICATION OF PRQPOSAL OF LAKE CALAVERA HILLS ASSOCIATES
FOR CONSTRUCTIONOF V7ASTE WATER TREATFlENT FACILITY AND ASSOCIA'
FACILITIES. .. ".
I
.. .. . ..
., . .. ..: , .. .. ', ,
.. 7
.. . . . .... ... -<. .
Gentlemen:
Lake Calavera Hills Associates defines its proposal to the City 0
Carlsbad for the. Construction of the YJaste Yater Trea.tment Facili
ty as to the various parts of system as follows:
1) Provide the land for the Plant Site, the non-specific ease-
ment for pipelines to the percolation field and the perco-
lation field.
2) Treatment Site Specifically. .-
AI~ necessary integral parts to insure a waste water 'treat- ment plant complete and turn-key to .include but not:.:limited to the following generally desc5ibed facilities. The entir
facility to be approved by the Public Works Director of the
.- City of Carlsbad.
[a) .. 1. Headworks :. .
(b) .: 2 - 600,000 gallon oxidation.ditches with at least twc
Brush type aerators, drive motors, wiers, control val-
ves. (cl 2 - adequately sized clarifiers
1 - extended aeration sludge digestor dewatering unit
chlorinator contact chaI-iiber
1 - auxiliary, control,. machine shop, laboratory
bui'lding pumps and.transport lines for effluent to percolation
percolation fields and dheck dams as required
.all force mains and collector systems for Calavera Hi1 and for access to the treatment plant across Calavera
Hills Property for the Basin Area (cost to %e prorated among the -users placing the demand for--.servicerJand, 5 i access through Calavera Hills Property-Y..: ,. z;,';..i' :,, ;.-,, yzz2
. ..
1 - sludge cornpactor '
. fields
i ,", ,,e-,-, "-. ""
I, , .. -__ - .. i
il
I '1 - ,. . I. ,. <c-:c
'! 1 I ! . ,. . , . .. . " i j ! 'd ..- - ."^...""_."._ I ..-%:.?a,/ ., *. .i 6'" 69,229 c.qc,?l- "c'i 5- 4- st &j+%i%"Lb.>; &
Ty ;Yt,.:TF;
- .\ 1 Lt'i I\ c 3088 1'10 I'ICO ur., SUI'IC LU I c9k] CALnVERA Carisbad, Ca, 32008 m. (714) 729-4912 ..
" HI LtS ..d .
-[
4
.. *
DATE I .JOB *
TO: Planning Director' e Public Works Director
Page 2 4/4/7 9
..
SUBJECT: CLARIFICATION OF PROPOSAL FOR CONSTRUCTION
..
.. .. . . . ... . <.
(k)' Reversable force maiz and pumps. from E1 Camino Real
up Tamarack Avenue to Plant Site as required by Public Works Director.
..
.:. . No construction should be included.in this proposal that lies out-
.. specifically listed above.' .. . : side of the Calavera Hills property other than that which is'
.- .. . Calavera Hills will agree to pay its prosata share of any Fail
, Safe line to the Encina Outfall if 'said system should be required in the future.
Shou.ld the Public Works Director desire Lo add additional facili-
ties at the "geatment plant, they may also be included with Caia- vera Hills ' concurrence.
"
.. .. ..
..
..
RJW : pa f
.. grj \ w.+ ..
Roy J. W d General partner
.-
.* .
I
L'
7 I1 w w
x( ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING
BY THE AMENDMENT AND ADDITION OF VARIOUS
3
SECTIONS TO PROVIDE FOR THE ORDERLY 4
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
7
LATION OF CERTAIN "ADULT ENTERTAINMENT" 6
OF VARIOUS USES AND BY THE ADDITION OF 5 REGULATION BY CONDITIONAL USE PEFNIT
CHAPTER 21.43 TO PROVIDE FOR THE FSGU-
. USES.
0 a
Em -1' 8
22 m du. us no'z z Za 9k$?
u:. Sa $2 86 ggzs zp y
zo a4
-c N
mi3 i
wo
=-I- oc
!z 0
8
9
10
11
12
13
14
15
16
17
18
19
!
20
I
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: In the development and exectltion of this
ordinance -it is recognized that there are certain uses which
possess unique operational characteristics, mking impractical
their automatic inclusion in any class of uses set forth in
the various zones defined by Title 21. Special regulation
of these uses is necessary to ensure that their operatilon
will not contribute to the downgrading of the surrounding
~ neighborhood and to preserve and protect public health, 1 safety and welfare in the City of Carlsbad. The best method
I 1 to protect the public health, safety and welfare is to
prevent the concentration of certain of these uses in any
21 '1 one area. The City Council also deems these regulations
necessary to protect the unique aesthetic. environment of the
City of Carlsbad and to preserve the economic and social
benefits, including tourism, arising from that environment.
22 I 23 I 24 I
25 11 SECTION 2: That Title 21, Chapter 21-04 of the Carlsbad
11 Municipal Code is amended by the addition of Sections 21.04.04, 26 i
27 !I " 21.04.056, 21.04.057, 21.04.091, 21.04.141, 21.04.201,
28 j\ '/ 21.04.266, 21.04.291, 21.04.292, 21.04.301 and 21.04.356
II
I' W - 1 to read as follows:
2 "21.04.041 Bars or Cocktail Lounges. "Bar or Cocktail
Lounge" means any establishment serving an alcoholic beverage
establishment as defined in Section 21,04.056, 3
4
not meeting the requirements of bona fide public eating
"Bona fide public eating establishment" means any establishment 5 at which the primary business is the preparation, service
6 and retail sale of meals comprising a varied selection of
foods and nonalcoholic beverages prepared, served and consumed
7 on the premises.
8 ment, an establishment which engages in the sale of beer,
wine or distilled spirits for consumption on the premises
9 shall meet the following requirements:
(1) Be designed and operated in such a way that the
21.04.056 Bona fide public eating establishment.
To be classified as a bona fide public eating establish-
10 sale of alcoholic beverages is incidental to the primary
restaurant operation.
for business and engaged in the incidental szte of alcoholic
public for the evening meal for a period of not less than
3.1 (2) .On any day the restaurant is open to the public
12 beverages, restaurant services shall be avaihble to the n 2 2 g 13 five hours, or for 'not less than four hours, if the morning
a!$ 8 or noon meal is also served to the public for a period of zr w 5 14
beverages, desserts, salads and other attendant dishes. s&gd 16
limited to, an offering of a varied menu of foods or not g 5 z 5 15
not less than two hours.
gp (3) Restaurant service shall include, but not be ,.
u. 54 less than five main courses with appropriate nonalcoholic
%E22 (4) The sale of any food prepared for consumption off ze y >I- LT 17 the premises shall be occasional only and clearly incidental
a9 and subordinate to the on-premises restaurant operation, c 0 18
wo
(5) No more than twentylfive percent of the interior area of the restaurant shall be designed, arranged or devoted
19 1 to a use commonly associated with a bar or other establishment
I primarily engaged in the on-premises sale of alcoholic
20 beverages, The interior area shall include only those
21 public.
22 area of the establishment shall be used solely for food
storage, preparation, maintenance and storage of eating
23 utensils, dish and glassware and shall include refrigeration,
cooking, warming and dishwashing equipment, and any other
24 equipment necessary for a fully equipped restaurant kitchen.
portions of the establishment devoted to regular use by the
(6) A minimum of twenty percent of the gross floor
25 !
(7) During the above specified minimum hours for
restaurant services, there shall be not less than one employee
per two hundred and fifty square feet of floor area devoted
26,j
27 ), service as described in subsection (2) - 1. the job during the specified minimum hours for restaurant to food service use. Said employee or employees shall be on
I.
28 ii relating to hours, menus, alcoholic beverage area, kitchen
'i (I The City Council may waive the above requirements
1
-2-
< ,.
l)'. I/ w w
1
2
3
4
5
6
7
8
9
10
11
12 9 Eg
.i2 a ES a dlr w 9 nozg
5>?0 mg<k u: .3a
$kg6 E$ZS zp y
-t
IJIV
>I- 0: ca >u E u
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
I
I 1
/I
!i
11
Ij
j!
I
i:
I
I
area, employees and equipment if they find a proposed restauran
will provide equivalencies, meets the other requirements of this section and will, in r'act, be operated as a bona fide
restaurant.
Uses not specifically named in this section but which
are of substantially the same general type and character and are within the intent and purpose of this section may be permitted, provided, however, that the burden of proving the same shall rest with the person seeking to establish that
use .
21.04.057 Bowling alley. "Bowling alley" means any structure in which a ball or balls are rolled on a green or
down an alley or lane at any object or group of objects.
21.04.091 Coin operated arcade. "Coin operated arcade"
means any place wherein coin or slug operated or electronicall1
electrically or mechanically controlled machines, shooting
galleries, or any other amusement devices, zre maintained
for use by five or fewer persons per machine at any one time.
21.04.141 Escort service. "Escort service" means any
place where patrons can purchase the social cornpany or
companionship of another person to be given either on or off the premises, excluding any use regulated by Chapter 21.43 of this code.
21.04.201 Liquor store. "Liquor store" means any ".
store designed and operated for the selling of alcoholic beverages with the selling of any other merchandise being incidental to the primary operation of selling liquor.
21.04.291 Pawnshop. "Pawnshop" means any place engaged
in the business of loaning money to any person, upon any personal property, personal security, or purchasing personal
property and reselling such articles to the vendor or other
assignee at prices previously agreed upon.
21.04.292 Pool hall or billiard parlor. A "pool hall or billiard parlor" is any place of business where billiards or pool is played, and a fee is charged to those playing for the use of the equipment. The billiard room shall not be
connected with any other business nor shall any other business
be permitted to be carried on, except that the billiard room may have therein ordinary merchandise vending machines and no more than four coin operated games of skill, including pinball machines. A bar or cocktail lounge, having two or les pool or billiard tables, shall not be considered to be a
pool hall or billiard parlor.
///
///
///
-3-
,b - I1 e w
II
1
2
3
4
5
6
7 ..
8
9
10
I1
'10
21.04.301 Secondhand or thrift shops. "Secondhand or
thrift shop" means a place of business thzt engages in
buying and selling, trading or accepting for sale on consignme) previously sold property, excluding bona fide antique shops. Secondhand property means personal property of which prior use has been madeo A bona. fide antique shop is one in which
substantially all the merchandise is antique, Antique means a]
collectable, object..of artp bric-a-brac, curio, household furniture or furnishing offered for sale upon the basis, expressed or implied, that the value of the property, in
whole or in substantial part, is derived from its age or
from historical associations-
0 a :* Az a2 g
nozz &2?
g&g
lis $3
5t;gd gzzs
Ze y
>s
P
0-I
>I- a a
t 0
LL;
13
14
15
16
17
18
19
20
21
22
23
24
25
21.04 D 356 Tattoo parlors- "Tattoo parlor" is any
place of business that engages in tattooing persons by any
method of placing designs, letters, scrolPs, E'igures, symbols or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments."
SECTION 3: That Title 21, Chapter 21-25 of the CarEsbad
~
Municipal Code is amended by the amendment of Section 21,26.01
to delete Subsection(l8) , Liquor stores (off-sale), and
renumber the remaining subsections accordingly,
SECTION 4: That Title 21, Chapter 21.26, Section::
21.26.015 of the CarPsbad Municipal Code is amended by the
deletion of the words ''as defined in Section 23038 of the
Business and Professions Code, State of California," and by
the addition of Subsection (3) to read as follows:
"(3) Packaged liquor stores (off-sale) subject to the
following conditions:
. (A) That the Planning Commission makes the same findings as required by this section for on-premises sales of liquor from bona fide eating.-establishments.
unobstructed view of the interior of the premises can be
, obtained from the street upon which the business fronts.
~ within five hundred feet of any other licensed liquor
~ dispensing establishment not meeting the definition of a
i bona fide eating establishment. 'I
(B) An opening shall be provided through which an
(C) Such establishment shall not be located
26
Subsection (3) , Bars and Cocktail Lounges (on-sale) t 28
of the Carlsbad MuEicipal Code is amended by the deletion of 27
SECTION 5: That Title 21, Chapter 21.28, Section 21-28-C
-4- /1
>.
("' ll w w
1
2
3
4
5
6
7
8
9
10
11
0 a E.. 2: $2 a
du. w4 oosz z> 20 Ok<% mG -I u:, Sa
S>;gs EE22 zp y '2 cc
>4
wo
t 0
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I I i I!
/I
li i
::
I'
I I
and renumbering the remaining subsections accordingly.
SECTION 6: That Title 21, Chapter 21.28, Section
21.28.015 of the Carlsbad Municipal Code is amended by the
addition of Subsection (4) to read as follows:
I' (4) Bars, cocktail lounges and other licensed (on-sale) liquor dispensing operations not meeting the definition of a
bona fide eating establishment, subject to the following conditions:
unobstructed view of the interior of the premises can be
obtained from the street upon which business fronts.
less than one space per fifty square feet of 5;ross floor area.
shall be maintained in a neat and orderly condition at all times.
(D) Any structure housing such operation shall meet all applicable code provisions prior to occupancy.
(E) Licensee or agent shall not permit open containers of alcoholic liquor to be taken from the premise.
(F) No licensed liquor dispensing operation shall be located within five hundred feet of any other licensed
liquor dispensing operation not meeting the definition.of a bona fide eating establishment.
(A) An opening shall be. provided through which an
(B) Parking shall be provided at the rate of not
(C) Surrounding grounds, including parking areas,
SECTION 7: That Title 21, Chapter 21.42, Section
21.42.010, Subsection (5) of the Carlsbad Municipal Code is
amended by the addition of Subparagraphs (TI, (U) , (V) , (W) ,
(X9, (Y) , and (2) to read as follows:
"(T) Bowling alleys subject to the following con- ditions :
( ,i) No noise shall be audible outside of the confines of the structure.
( ii) If alcoholic beverages are offered for consumption on site, no open container shall be permitted to be taken from the premises.
not meeting the definition of bona fide eating establishment
shall be computed at one space per fifty square feet of gross floor area.
conditions :
permitted on premises.
within the confines of a structure designed to contain the
noise created by such operation.
(iii) Parking requirements for any bar area
(U) Coin operated arcades subject to the following
( i) No alcoholic beverages shall be
( ii) All activities shall be conducted
-5-
..
1.
1
2
3
4
5
6
7
8
9
10
11
12
5
.2 E v, g 13
FZ o,
dLw5 14
z za oo=z
~$2: 35
L. 3<
5286 16 gzcs zg y >k (r 17
D
0-1
w0
> <s k 0 =* I
3-9 1
20
21
22
23
24
25
28 1'
i 26
27 1
!\ I/
i'
Ij
1 1
w w
(iii) Construction shall be such as to permit
unobstructed view of the interior from the street upon which the business fronts.
conditions:
an unobstructed view of the interior of the premises from the street upon which the business fronts.
( ii) No such business shall be located within five hundred feet of any residential zone.
(iii) An applicant shall submit his applicatior
for conditional use permit to the Chief of Police, which application shall be under oath, and shall include, among othel
things, the true names and addresses of all persons financial11
interested in the business, The past criminal record, if any,
of all persons financially interested in the business. shall be shown on such application. The term "persons financially
interested" shall include the applicant and all persons who shi
in the profits of the business on the basis of gross or net revenue, including landlords, lessors, lessees, and the owner of the building, fixtures or equipment. The appIication shall
also be accompanied by fingerprints of persons financially
interested,
necessary to determine the background of the applicant and othe persons financially interested. The Chief of Police shall repc
to the Planning Commission his findings and recommendations as
to whether to approve, deny, or conditionally approve 0.r deny
the conditional use permit in writing within thirty days after the application is submitted. The recommendations of the Polic Chief shall be based on the findings and mat also be based on 1 jtldgment of potential enforcement problems and reasons therefol
from the proposed establishment. Failure to so report shall be
deemed approval of the application.
findings and recornendations of the Chief of Police .
(VI Escort services subject to the following
( i) Construction shall be such as to permit
The Chief of Police shall make such investigation as is
The Planning Commission may deny an application based on i
(W) Pawn shops subject to the following conditions:
( i) No pawn shop shall be located within five
'hundred feet of any establishment licensed to dispense (for
on-site or off-site consumption) alcoholic beverages.
( ii) No pawn shop shall be located within five
hundred feet of any residentially zoned property. (iii) Every structure housing such operation st
be constructed so as to provide an unobstructed view of the
interior of the premises from the street upon which the busineE
fronts.
following conditions:
within five hundred feet of any establishment licensed to dispe
alcoholic beverages for consumption on-site or off-site,
dispense alcoholic beverages for consumption on-site or
off-site.
(X) Pool halls or billiard parlors subject to the
( i) No such establishment shall be located
( ii) No establishment shall be permitted to
~ /// -6-
<'.' I/ w w
1
2
3
4
5
6
7
8
9
10
11
P Q Em $5 $5 Q)
du. LLI 5
z> :5 :k<5 0
mo=z
u: , 5a
zW8d +>U"
ggq zf? y >$ (r
>V
a
t V
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
I
I
I
,I
'I 1 I
I
(iii) All structures housing such operation shall be constructed SO as to permit unobstructed views of the interior of the premises from the street upon which the
business fronts,
( iv) . Each structure housing such operation
shall be constructed so as to contain within the confines of
such structure, all noise and all other objectionable by- products of such operation.
following conditions:
for a conditional use permit to the Chief of Police, which
application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal
record, if any, of all persons financially or otherwise
interested in the business shall be shown on such application, The term "persons financially interested" shall include the applicant and all persons who share in the pmfits of the business on the basis of gross or net revenue, including landlords, lessors, lessees and the- owner of the building,
fixtures or equipment. The application shall also be accompani by fingerprints of persons financially interested D
necessary to determine the background of the applicant and
other persons financially interested. The Chief of Police shall report to the Planning Commission his findings and
recommendations as to whether to approve, deny or conditionally
approve or deny the conditional use permit in writing within
thirty days after the application is submitted. The recomend- ation of the Police Chief shall be based on the findings and may also be based on his judgment of potential enforcement
problems and reasons therefor from the proposed establishment. Failure to so report shall be deemed approval of the applicatio
The Planning Commission may deny an application based
on the findings and recommendations of the Chief of Police.
Charitable organizations shall be specifically exempt from the report provisions of this section. For purposes of this section, a charitable organization is one organized for
~ religious, scientific, social, literary, educational, recreatio~
benevolent, or other purpose not that of pecuniary profit.
basis.
(Y) Secondhand or thrift shops subject to the
( i) An applicant shall submit his application
The Chief of Police shall make such investigation as is
( ii) No goods shall be taken on a consignment
(Z) Tattoo parlors subject to the following
~ conditions:
within five hundred feet of any licensed alcoholic beverage
~ dispensing operation offering said beverages for on-site
~ or off-site consumption.
( i) No tattoo parlor shall be located
( ii) No tattoo parlor shall be operated in I conjunction with nor share any operating space with any
other business. I ///
I
28 ii /// II - - /-
..
("' ll rn w
0 .x $00 2s $2 0)
drr us "OZE sz:g
ti * -J2 mGzA
$286 egq
ZE y 2s
z
>I- a:
E 0
l/
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
25 i 26 I' I
I! 27 j!
jl
28 /i
SECTION 8: That Title 21 of the Carlsbad Municipal
Code is amended by the addition of Chapter 21.43 to read
as follows:
"Chapter 2 1.4 3
Sections:
ADULT ENTERTAINMENT
21.43.010
21.43.020
21.43.030
21.43.035
21.43.040
21.43.050
21.43-060
21.43.070
21,43.080
21.43.090
21.43.100
21.43.110
21.43.120
21.43.130
21.43.140
21.43.150
Purpose and intent. Definitions. Zones for adult entertainment
establishments.
Adult entertainment permit required.
Permitted adult entertainment establishments-. Exempt establishments, Minimum spacing requirenszts.
Minimum proximity requirenents.
Waiver of regulatory provisions, Proposed establishments.
Suspension and revocation of permit,
Referral of applications for licenses
and permits to other departments and
agencies .
Regulations of signs.
Visibility from the street.
Severability. Violation--Penalty.
.^"
21.43,OlO Purpose and intent. It is the purpose and
intent of this chapter to provide for the orderly regulation
of adult entertainment establishments. It is recognized
that these establishments by their very nature have serious objectionable operational characterics which, when allowed
to concentrate, contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and
preserve public health, safety and welfare special regulation
of these uses is necessary.
21.43.020 Definitions. It is the purpose of this section, together with its subsections, to provide clear and
concise definitions of those words, terms, and phrases most
commonly utilized in the regulations and provisions of this
chapter in order to assist in the uniform interpretation of
said regulations and provisions and to insure uniformity of their application. It is intended that the following words, terms and phrases, whenever used in this chapter, shall be
construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words,
terms or phrases:
-8-
I
I"' I/ - - 1
2
3
4
5
6
7
8
9
10
11
12
2 2 g 13
E5 a,
dLw-4 14 "OS$
GCZE 15 mG -I u -34
Szg6 16 8::s zz y >t- n 17
u 18
CI
*= N
z
wu
aa >o k
39
20
21
22
23
24
25
26
27
i
I I I
I1
Ii I:
(1) "Adult entertainment establishment" means any establishment which is customarily open only to one or more classes of the public, excluding any minor by reason of age.
following:
genitals, pubic region, buttocks, or female breasts:
actual or simulated, including intercourse, oral copulation, and sodomy;
(2) "Specified sexual activities" includes the
(A) The fondling or other touching of human
(B) Ultimate sex acts, normal or perverted,
(C) Masturbation, whether actual or simulated;
(D) Excretory functions as part of or in
connection with any of the activities set forth in (A) through (C) above.
shall mean and include any of the following:
covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of
the areolae; or
turgid state, even if completely and opaquely covered.
ment devoted in whole or in part to the selling, buying or trading of new or used books, manuscripts or periodicals
of general interest, and which does not devote more than a
significant or substantial portion of its gross floor area
to the selling, displaying, storing or trading of books,
films, magazines or other periodicals or other materials
which are distinguished or characterized by an emphasis on
depiction or description of specified sexual activities or
specified anatomical areas. (5) "Adult bookstore" means any establishment which has as a substantial or significant portion of its
stock in trade:
or other forms of audio or visual representation which are
distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified
anatomical areas;
which are designed for use in connection with specified
sexual activities. ///
///
///
///
///
(3) "Specified anatomical areas" as used herein
(A) Less than completely and opaquely
(B) Human male genitals in a Ziscernibly
(4) "General bookstore" means any retail establish-
(A) Books, films, magazines or other periodica
(B) Instruments, devices or paraphernalia
28 11 ///
-9-
* #.A /I 1. I w
(6) "Adult newsrack" means any coin-operated I.
2
1 machine or device which dispenses material substantially
devoted to the depiction of specified sexual activities
or specified anatomical areas.
enclosed or unenclosed building with a capacity of fifty or
4 more persons used for presenting any form of audio or
depiction or description of specified sexual activities or 6
which is distinguished or characterized by an emphasis on
total presentation time is devoted to the showing of material 5
visual material,, and in which a substantial portion of the
stantial portion of the total presentation time is g
any form of audio or visaal material, and in which a sub-
than five, but less than fifty, persons used for presenting 8
enclosed or unenclosed building with a capacity of more
specified anatomical areas.
devoted to the showing of material which is distinguished
of specified sexual activities or specified anatomical areas.
to which the public is permitted or in*ited wherein coin
trolled still or motion picture machines, projectors, or
3 (7) "Adult motion picture theater" means an
7 (8) "Adult mini motion picture theater" means an
10 or characterized by an emphasis on depiction ur description
11 '(9) "Adult motion picture arcade" means any place
d 12 or slug operated or electronically or mechanically con- s 2 g 13
hall, auditorium or other similar establishment, either 5&86 16
sexual activities or specified anatomical areas. 0 c z g 15 mG -I
where the images so displayed are distinguished or chacter- 2: u1 Q: 14
other image producing devices are maintained to show images
WZZQ
ze >I- 5 a 17 performances which are distinguished or characterized a< >o by an emphasis on specified sexual activities or by
I- 18 exposure of specified anatomical areas for observation by patrons.
19 (11) "General theater" means an enclosed or unenclo: building or part of a building intended to be used for the
20 specific purpose of presenting live entertainment or dis-
playing motion pictures, slides or closed circuit television
21 pictures or any other form of audio or visual representation before an individual or assemblage of persons, whether such
22 assemblage be of a public, restricted or private nature,
except a home or private dwelling where no fee by way of an
23 admission charge, is charged; provided, however, that said theater does not devote more than a substantial or significant
24 portion of its presentation time measured on an annual basis,
for the exhibition or display of entertainment which is
25 distinguished or characterized as specified sexual activities or specified anatomical areas as defined herein.
26 (12) "Adult cabaret" means a nightclub, theater, bar or other establishment which features live or media
27;; representations of performances by topless or bottomless
28Ii similar entertainers, where such performances are distinguishec
e2 8
gozz
to five or fewer persons per machine at any one time, and
ized by an emphasis on depiction or description of specified
us 34 (10) "Adult theater" means a theater, concert wo
om rn indoor or outdoor in nature which regularly features live
o
jj ,! dancers, go-go dancers, exotic dancers, strippers, or
/I
-10-
..
I. w w
1 or characterized by an emphasis on specified sexual activities
or specified anatomical areas.
establishment regulated by Chapter 5..16 of the Carlsbad
club, health club, school, gymnasium, reducing salon, spa or
of the human body is offered as an incidental or accessory
(14) "Adult model studio" means any place where,
2 (13) "Massage establishment" means any massage
3
for any form of consideration or gratuity, figure models who 6
service. 5
similar establishment where massage or similar manipulation 4
Municipal Code. This definition does not include an athletic
display specified anatomical areas are provided to be observed, 7 sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or 8 gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment 9 which meets the requirements established in the Education
Code of the State of California for the issuance or conferring
confer a dipoloma.
agency, or person who, for any form of consideration or
all members of the same family may congregate, assemble or
activity or exposing specified anatomical areas, excluding
licensed by the State, to engage in sexual therapy.
10 of, and is in fact authorized thereunder, to issue and
I1 - (15) "Sexual encounter center" means any business,
ILI 12
5 8 13
gratuity, provides a place where two or more persons, not
psychosexual workshops, operated by professional persons, dlLus 14
associate for the purpose of engaging in specified sexual
0032
'a
55 OY
CE$E 15 mG -I (16) "Body painting studio" means any establgshment
tuu or business which provides the service of applying paint or
22gg 16 other substance whether transparent or nontransparent to or $q ze y >+ n 17 (17) "Adult motel" means a motel or similar establisf >s offering public accommodations for any consideration, which
t- 18 provides patrons with material distinguished or characterized
.K N
u: . ?a
on the human body when specified anatomical areas are exposed.
a
- 0 by an emphasis on depiction or description of specified 19
ment or business which provides an outcall service which 20
sexual activities or specified anatomical areas.
by appointment to visit other premises for a period of time 21 I for the purpose of providing any service during which time
2211 specified anatomical areas are displayed or specified sexual 1 activity occurs. 23 1 which provides the services of baths of all kinds, including 24 ' all forms and methods of hydrotherapy during which specified i anatomical areas are displayed or specified sexual activity 25 1 practiced by, or under the supervision of a medical practitionc
' occurs. This section shall not apply to hydrotherapy treatmeni
25:: or practiced by a professional massage technician. A medical
" practitioner, for the purpose of this chapter, shall be a n?edi<
doctor, physician, chiropractor or similar professional licensc
by the State of California.
(18) "Outcall service activity" means any establish-
consists of individuals leaving the premises upon request or
(19) "Bath house" means an establishment or business
,- ,
e. C)
6:; L, I !
. . . . . , . i
-11-
..
I.
1
2
3
4
5
6
7
a
9
10
11
12 0 3
d8 E3 aY
OLL w 5 00== z %a zzzg '023 -1 u. ?!<
$kg6 EZCS ze 2
z4
~~
V)m
.n tY
wv
'5 a
k 0
13
14.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
i
I /I I1
'i i
I
I
w v
(20)\"Massage technician" meads, any individ.ual$>.
complying with khe provisions set "forth i&., Secti'ons 5h16 .(?lo Y
throu$h \. 5 - 16'~35O'"~i,nclusive of ' the Mupicipal,, Code ."\- .
minors, whether public or private which offers ins.truction
in those courses of study required by the California Education
Code or which is maintained pursuant to standards set by the
State Board of Education. This definition includes a nursery
school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning
under the jurisdiction of the State Department of Education,
but it does not include a vocational or professional institutic
or an institution of higher education, including a community or junior college, college or university.
(21) "School" rheans a3 institutioh of learning for
21.43.030 Zones for adult entertainment establishments.
Adult entertainment establishments are permitted only in
areas with C-1, C-2, C-M, M, P-M, or P-U zonizg classification
No such establishment shall be permitted to kYe established
in any area outside such zoning classification,
21.43.035 Adult entertainment permit required. No
person shall operate an adult entertainment establishment without first obtaining an adult entertainment permit as
provided in this Chapter.
21.43.Q40 Permitted adult entertainment establis.hments.
Any adult entertainment. establishment not specifically ::
permitted by the provisions of this section shall be prohibite'
until such time that this section may be amended to permit
such establishment. The establishments specifically permitted
are as follows:
( 1) Adult book store;
( 2) Adult mini motion picture theater;
( 3) Adult motel;
( 4) Adult motion picture arcade;
( 5) Adult motion picture theater;
( 6) Cabaret;
( 7) Massage establishment;
( 8) Model studio;
( 9) Adult newsrack, provided that no publication
or material which, while in said newsrack, exposes to public view any pictorial material
which depicts or appears to depict specified
anatomical areas or specified sexual activity.
or rap parlor) ;
(10) Sexual encounter center (including massage
(11) Body painting studio;
(12) Outcall service;
(13) Bath house;
(14) Adult theater.
All permitted adult entertainment establishments shall comply
with all regulations and provisions of this chapter except
as otherwise provided herein.
-12-
**" I1 W w
D a E., -18 a2 s 7."ws
z$g gt<:LL
s2;gn- ;gq zp y
aa
ou no==
u:, Sa OJ
UJU
>I- a
%" t 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 I
20
21
22
23
24
25 i i 26 /j
27 :;
28 1
21.43.050 Exempt establishments. The following establisk: ments are specifically exempted from the regulations and
provisions of this chapter provided that they comply with the requirements set forth in Section 21.43-020:
(1) General theater;
(2) General book store;
21.43.060 Minimum spacing requirements. No adult
entertainment establishment shall be located within one
thousand feet of any other adult entertainment establishment.
21.43.070 Minimum proximity requirements. No adult
entertainment establishment shall be located within specified
distances of certain specified land uses as set forth below:
(1) No such establishment shall be located within
one thousand feet of any parcel of land zoned far residential use.
one thousand feet of any parcel of land which contains any
one or more of the following specific land uses:
(2) No such establishment shall be located within
(A) Amusement park;
(B) Camp (for children's activity) ;
(C) Church or 0the.r similar religious
(D) Child care facility;
(E) Community center;
(F) Museum;
(G) Park (including public beach) ; ..-.
(H) Playground;
. facility;
(I) School;
(3) No such establishment shall be established . within five hundred feet of any parcel of land which contains any one or more of the following land uses:
(A) Bars/cocktail lounges;
(B) Convalescent homes;
(C) Courthouse (or other public building
utilized on a consistent basis by the public;
(D) Hospital; (E) Nursing home;
(F) Retirement hotel;
(G) Sanitarium;
(H) Senior citizen activity center,
(4) The distance between any two adult entertain- ment businesses shall be measured in a straight line, without regard to intervening structures, from the closest point on
the exterior parcel line of each business. The distance
between any adult entertainment business and any school shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment business to the closest point
on the property line of the school.
21.43.080 Waiver of regulatory provisions. The Planning
Commission may grant a conditional use permit for an adult
-13-
I.
,* ' "* /I w w
a
*
n L Yg
6% 8
ou lows
oo=z z 6a 2C<8
u:. 2< *Zi i
gkgn "022 se f3
>s
ruv
>I- a a
k.
0
3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
l8 I 19 I
20
21
22
23
24
25
26
I
27 I/
28
entertainment establishment under which the provisions of
Sections 21.43.060 and 21.43.070 may be waived if all of the
following conditions are met:
the City of Carlsbad containing the signature of fifty-one percent of the total of owners-of-record, holders of business licenses and residents within the specified distances
set forth in Section 21.43.070 is presented to the Planning
Department. For purposes of this chapter a "resident" shall
be any individual who has been a registered voter within the
prescribed area for thirty days prior to said individual havin?
signed any such petition.
(2) That a public hearing be conducted in accordanct
with the provisions of Section 21.52.040 of this code.
(3) That all of the following findings are made:
(1) That. a petition validated by the City Clerk of
(A) The proposed use will not be contrary
(B) The proposed use will not be injurious
(C) The proposed use will not sncourage the
(D) The proposed use will not interfere with
(E) .The proposed use will not interfere with
(F) The proposed use will not be contrary to
(G) The harm created by the proposed us-e
(H) All applicable regulations and provisions
to the public interest:
to nearby properties;
development of an.adult entertainment area:
any program of neighborhood preservation or revitalization;
any governmental program of general.urban redevelopment:
the spirit and intent of this chapter;
is outweighed by its benefits;
of this code will be observed by the proposed use.
21.43.090 Proposed establishments issuance of adult entertainment permit. 'Any proposed adult' efitertainment establishment found to be .in conformance with all regulatic and provisions of this chapter shall be entitled to an adult entertainment permit which shall be issued by the Planning Commission upon satisfactory completion of the review process set forth in Section 21.43.110.
21.43.100 Suspension and revocation of permit. The
Planning Commission shall suspend or revoke any conditional US<
or adult entertainment permit issued under the provisions of tl
chapter if it is found after a noticed public hearing, that
any of the following conditions exist:
not comply with all applicable laws, including, but not
limited to, the City's building, health, zoning and fire
ordinances as set forth in this code; or
any false, misleading or fraudulent statement of fact in
the application for a permit;
(3) The permittee, manager or any employee or.agent
of the permittee or manager has violated any provision of this
(1) The operation as conducted by the permittee doe:
(2) The permittee or manager has knowingly made
-14-
.. . *'.' /I I' W W
1
2
3
4
5
6
7
8
9
10
11
12 D d
$a us g -18
ou :vwa gc2g nozg
ai5 -I u: I3< UV
WZCQ Ox m
>+ a
gLg6
ze y
>o a<
t V
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 1 //
i
I'
!i
1'
chapter pertaining to the adult entertainment establishment
in question.
employee of the permittee or manager, has been convicted in
a court of competent jurisdiction of:
violence upon the person of another, or
Section 290 of the California Penal Code, or of any violation (
Sections 2661, 315, 316, 318 or Subdivision(b) of Section 647 (
the Penal Code, or
C. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 10056
11057 or 11058 of the Health and Safety Code, or
D. Any of the above substantive offenses as defined in the laws of any jurisdiction other than the State of California, if the factual basis for such con.viction stems
from the operation of the adult entertainment establishment
in question,
(4) That the permittee, manager or any agent or
A. An offense involving the use of force or
B. A crime requiring registration under
21.43.110 Referral of applications for Licenses and
(1) The Planning Department, upon receiving an
pe'rmits 'to' other 'depa'r'tments' 'and .agencies.
application for a conditional use permit as provided in
Section 21.43.080 or an adult entertainment permit, and the
City Clerk, upon receiving an application for a business licen:
shall refer any such application to the Department of Building
Inspection, the Police Department, the Fire Department,.and
the Planning Department, which departments shall inspect the
premises proposed to be operated as an adult entertainment
establishment, and shall make written recommendations to the
Planning Department concerning complaince with the codes that
they administer. The San Diego County Department of Health sh also be requested to make written recommendations. All
recommendations shall be considered during the permit review
process or during any public hearing required prior to the
issuance of any permit. A permit shall not be issued if it
is found that the proposed establishment does not conform to the requirements of this chapter or any state or local law.
(2) An application shall be under oath, and shall
include among other things, the true names and addresses of al:
persons financially interested in the business. The past
criminal record, if any, of all persons financial1 interested in the business shall be shown on such application. The term ''persons financially interested" shall include the applicant a1 all persons who share in the profits of the business, on the
basis of gross or net revenue, including landlords, lessors, lessees, and the owner of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. The Chief of Police shall make such investigation as is necessary to determine the background of the applicant and othc
persons financially interested. The Chief of Police shall rep( : to the Planning Commission his findings and recommendations as
' to whether the adult entertainment permit or conditional use i I -15-
I
.* .* . .*' 11 W - ,.
1
2
3
4
5
6
7
8
9
10
11 ~
c)
$w as 8 ;:Us
GC@
%kg6 gE22 ze y
>-4
-18
0032 z 5"
mG J u:. 5a UJO
>$ a
k 0
12
13
14
15
16
17
18
19 I
20 I!
21 1
permit should be approved or denied in writing within thirty
days after the application is submitted, The recommendations o
the Police Chief shall be based on the findings and may also be based on his judgment of potential enforcement problems and reasons therefor from the proposed establishment, The report
shall be considered by the Planning Commission in making findin
required by Section 21.43.080 or in issuing an;.~dub~.:entePtainm permit pursuant to Section 21.43.090, Failure to so report sha be deemed recommendation of approval of the permit.
entertainment permit the Planning Commission shall set forth th
reasons for the denial in writing. The written reasons for denial shall be sent to the applicant at the address specified
on the application by means of certified or registered mail or
by hand delivery. The denied applicant shall, at his election,
have the right to a hearing before the City Council. The City
~ Council may approve, deny or conditionally approve or deny the
application, The decision of the City Council shall be final.
If the applicant does not request a hearing within ten days
of notice-of denial the decision of the Planhing Comission shall be final o
(3) Upon denial of any application for an adult
21.43.120 Regulations of signs. No person granted a pern to operate an adult entertainment establishment pursuant to thi chapter shall place or cause to be placed or maintained in such a location as can be viewed by persons on any public street any sign or signs, photographic, pictorial or other graphic representations, that depict in whole or in part the following:
(1) Act or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellatior or any sexual acts which are prohibited by law.
the anus or the genitals.
to depict, or drawings are employed to portray any of the
prohibited signs, photographs or graphic representations
(2) Scenes wherein a person displays the vulva or
(3) Scenes wherein artifical devices are employed
, described above.
~
(4) Any other graphic illustration pertaining to specified sexual activities and specified anatomical areas as specified herein.
It 21-43.130 Visibility from the street. No operator of 2211 an adult entertainment establishment shall permit, or cause
23
25 ' 21.43.140 Severability. If any section, subsection,
sidewalk, or highway. 24
or relates to specific sexual activities and/or specified
/I sentence, clause or phrase of this ordinance is for any reason
26'1 held to be invalid or unconstitutional by the decision of any ij II court of competent jurisdiction, such decision shall not affec. Z'ii, the validity of the remaining portions of this ordinance. The
:! City Council hereby declares that it would have passed this
23 1; ordinance and each section, subsection, sentence, clause, and
to be permitted, any stock in trade which depicts, describes
anatomical areas as defined herein, to be viewed from the stred
I/ phrase hereof, irrespective of the fact that any one or more
I1 -16-
I!
* .. .. * = '7 -.
1
2
3
4
5
6
7
8
9
10
11
12
2 2 g 13 :s Cn 01~ us 14 no3z z ZU
u:. 5a
$%g6 16 g$:s zg 5
z U 18
0
*a: N
0>;>4 aG<i 15
>$ a: 17
luo
o a
19 I
20
21 i I I 22
~
~
~ 23
24 j
i
I 25
26 j
I
,
27 j
I
28
I
I !
- v
of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutLona1-
21.43.150 Violation--Penalty- Violation of this
ordinance is punishable pursuant to Section 21.62.010 of
this code o I'
EFFECTIVE DATE: This ordinance shall be effective
thirty days. after its adoption,. and the City Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular Iireeting of the
Carlsbad City Council held on the day cf
1979 and thereafter
t
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1979 by
the following vote, to wit: .*
AYES :
NOES :
ABSENT :
RONALD C. PACKARD, Mayor
ATTEST :
~
~ j ALETHA L. RAUTENKRANZ, City Clerk
I I (SEAL) I j I
i
j
-17-