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HomeMy WebLinkAbout1992-03-04; Planning Commission; Resolution 3363II Q a 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. 3363 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.43, SECTION 21.43.110, OF THE CARLSBAD MUNICIPAL CODE, TO ADD TIME LIMITS FOR PROCESSING ADULT ENTERTAINMENT PERMITS AND TO CHANGE REFERENCES IN THE CODE TO REFLECT STAFF TITLES CURRENTLY IN USE. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 91-8 WHEREAS, the Planning Commission did on the 4th day of March, 1992 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering al testimony and arguments, if any, of all persons desiring to be heard, said Commissio~ considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissiol as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissio recommends APPROVAL of ZCA 91-8, according to Exhibit "X", dated March L 1992, attached hereto and made a part hereof, based on the following finding. -: I. The Zone Code Amendment is consistent with provisions the Carlsbad Municip: Code and will establish time limits to be followed in implementing provisions ( the General Plan and Zoning Code when Adult Entertainment Permits a] reviewed. ... ... ... W 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin! 2 the following vote, to wit: 3 Commission of the City of Carlsbad, California, held on the 4th day of March, 1992, b: 4 5 AYES: Chairperson Erwin, Commissioners: Schlehuber, Schram Holmes, Savary, Noble & Hall. 6 NOES: None. 7 ABSENT: None. 8 9 10 11 12 13 14 ABSTAIN: None. .-%)x ZL TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~ 15 16 17 11 Planning Director 18 19 20 21 22 23 24 25 26 27 PC RES0 NO. 3363 -2- 28 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 ~ 1 I ~ 0 EXHIBIT WlS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.43 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION ,2L43 b 110 TO ADD TIME LIMITS FOR PROCESSING ADULT ENTERTAIN- MENT PERMITS The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.43 of the Carlsbad Municipal Code is amended by the amendment of section 21.43.110 to read as follows: @@21.43.110 Referral of a?mlications for licenses and permits to other departments and aaencies. (1) The planning director, upon receiving an application for a conditional use permit as provided in Section 21.43.080 or an adult entertainment permit, and the license collector, upon receiving an application for a business license, shall, within fourteen days, refer any such application to the department and the planning director, which departments shall inspect the premises proposed to be operated as an adult entertainment establishment, and shall make written recommendations to the planning director concerning compliance with the codes that they administer within thirty days. The county department of health shall also be requested to make written recommendations within thirty days. 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. community development director, the police department, the fire The planning director shall determine in writing whether the application for a permit is complete and shall transmit the determination to the applicant within thirty days after the application has been filed with the planning director. application which are incomplete and shall indicate the manner in which the application can be made complete. When a determination that an initial application is incomplete has been transmitted to the applicant, the applicant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response The written determination shall specify those parts of the I/ e 0 /I to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is 1 withdrawn or deemed withdrawn, a new application must be submitted. The applicant may appeal a decision of 2 incompleteness in writing to the planning commission within twenty days after the determination has been transmitted to the 3 applicant. 4 5 6 7 8 9 10 11 12 33 14 15 16 17 18 (2) An 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 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 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 other persons financially interested. The chief of police shall report to the planning commission his findings and recommendations as to whether the adult entertainment permit OY conditional use permit should be approved or denied in writing within thirty days after the application is submitted to the chief of police. The recommendations 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. The report shall be considered by the planning commission in making findings required by Section 21.43.080 or in issuing an adult entertainment permit pursuant to Section 21.43.090. Such findings shall be made by the planning commission within thirty days after receipt of the written report. Failure to so report shall be deemed recommendation of approval of the permit by the chief of police. 19 1 20 21 22 23 24 25 26 27 28 (3) Upon denial of any application for an adult entertainment permit, or a conditional use permit as described in Section 21.43.080, the planning commission shall set forth 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 if the applicant files a written appeal within ten days after mailing of the notice of denial. The hearing shall be held within thirty days after the receipt of the written appeal. 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 planning commission shall be final. II the reasons for the denial in writing. The written reasons for 2 !I ,#. . w e 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 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 meeting of the Carlsbad City Council on the day of I 1992, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 1992, by the following vote, to wit: AYES : NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, Acting City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 3 .