HomeMy WebLinkAbout1977-11-01; City Council; 5239; Permit Alchoholic Beverages in C-1 ZoneCITY OF r'RLSBAD
Initial:
AGENDA BILL NO. 3 1 _ Dept.
DATE; November 1, 1977 _ City Atty \J7 '/*>
DEPARTMENT: _ PLANNING _ City Mgr. T)
SUBJECT:
TO PERMIT ALCOHOLIC BEVERAGES BY A CONDITIONAL USE PERMIT IN
THE C-1 ZONE.
CASE NO: ZCA-93 APPLICANT: CITY OF CARLSBAD
STATEMENT OF THE MATTER
REQUEST;
On September 20, 1977, the City Council requested that the Planning Commission
conduct a hearing to consider amending the zone code that would allow on-sale
alcoholic beverages in restaurants in the C-1 zone by a Conditional Use Permit.
Staff prepared an ordinance amendment titled Exhibit "A" dated, October 10j
1977-
The ordinance as submitted to the Commission requires that on-sale alcohol be
permitted by Conditional Use Permit in the C-1 zone only in a bonafide eating
place as defined in the Business and Professional Code, State of California.
To approve the Conditional Use Permit, the Planning Commission must find that
there is sufficient parking and proper traffic flow. The Commission added
a third finding that all measures have been taken to insure compatibility with
the use to the surrounding neighborhood. The ordinance as recommended by the
Planning Commission is attached to the Planning Commission Resolution No. 1^16
as Exhibit "B" dated, October 13, 1977.
EXHIBITS;
Planning Commission Resolution No. 1416 with Exhibit "B" dated October 13, 1977.
Staff Report dated, October k, 1977.
Exerpts of City Council minutes dated, September 20, 1977
Section 23.038 Business Professional Code.
RECOMMENDATION;
It is recommended that ZCA-93 be approved. If the-City Council concurs, it
is recommended that the City Attorney be directed to prepare documents as
per Planning Commission Resolution No. 1*tl6.
Council action
11-1-77 Following the public hearing the City Attorney was directed
to prepare the documents necessary for approval of ZCA-93.
FORM PLANNING 73
1 I PLANNING COMMISSION RESOLUTION NO. 1416
2 RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, ALLOWING
3 ALCOHOLIC BEVERAGES IN A C-l ZONE ON PROPERTY
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
4 LA COSTA AND EL CAMINO REAL.
CASE NO: ZCA-93
5 APPLICANT: CITY OF CARLSBAD
6 WHEREAS, a verified application to permit alcoholic beverages
7 by a Conditional Use Permit in the C-l Zone has been filed with
8 the City of Carlsbad and referred to the Planning Commission; and
9 WHEREAS, the Planning Commission did hold a duly noticed
10 public hearing on October 12, 1977, to consider the subject
11 amendment; and
12 WHEREAS, the Planning Commission received all testimony
13 from those persons interested in and opposed to, if any, the
14 proposed Zone Code Amendment, and
15 WHEREAS, the Planning Commission did find the following
16 facts and reasons to be present which in their opinion are
17 necessary to carry out the general purpose of Title 21 of the
18 Municipal Code:
19 A) Restaurants with on-sale alcohol are a compatible use in
neighborhood shopping areas if developed and operated as
20 required in this Zone Code Amendment.
21 B) A Negative Declaration was filed indicating that the permitting
of on-sale alcoholic beverages in the C-l zone will have no
22 adverse effect the environment as per the Environmental
Protection Act of 1972.
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C) All measures necessary to insure compatibility of the use
24 with the neighborhood have been proposed as conditional,
and for the reasons given in the staff report.
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NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission
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of the City of Carlsbad that it does recommend approval to the
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City Council of an Amendment to Title 21 of the Municipal Code
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Conditional Use Permit:
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On-premise sale of liquor, within a bonafide public
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findings:
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as set forth in Exhibit "B" dated October 13, 1977, with the
following addition to Section 21.26.015 of said Exhibit "B".
"21.26.015 Uses.and Structures Permitted by Conditional
Use Permit.Subject to the provisions of Chapters 21.42 and
21.50,the following uses and structures are permitted by
eating place as defined in Section 23038 of the
Business Professional Code, State of California,
subject to the Planning Commission making the following
a. There are specifically designated parking spaces
that are sufficient for the use.
b. Traffic flow on public streets or in parking areas
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.
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 ground
floor of such building."
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Carlsbad City Planning Commission held on October 12, 1977, by
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the following vote, to wit:j.y
AYES: Commissioner Rombotis, L'Heureux, Watson,
Fikes, Jose, Woodward.
NOES: Commissioner Larson.
ABSENT: None.
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ERIC LARSON, Chairman25
ATTEST:
C. HAGAMAN,' /Secretary
IIBIT "B"
\Jb/l3/77
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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
SECTION 21.26.015 TO PERMIT THE ON-PREMISE
SALE OF LIQUOR BY CONDITIONAL USE PERMIT
IN THE C-l ZONE. CASE NO. ZCA-93
The City Council of the City of Carlsbad,. California, does
ordain as follows,:
SECTION I: That Title 21, Chapter 21.26 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.26.015
to read as follows:
"21.26.015 Uses and Structures Permitted by Conditional
Use -Permit. Subject to the provisions of Chapters 21.42 and
21.50,the following uses and structures are permitted by
Conditional Use Permit:
1. On-premise sale of liquor, within a bonafide public
eating place as defined in Section 23038 of the
Business and Professional Code, State of California,
subject to the Planning Commission making the following
findings:
a. There are specifically designated parking spaces
that are sufficient for the use.
b. Traffic flow on public streets or in parking areas
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 neighbor-
hood.
2. 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 ground
floor of such building."
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.
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, INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of
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ROBERT C. FRAZEE, Mayor
ATTEST:
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1977, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council
held on the day of , 1977, by the following
cote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARGARET E. ADAMS, City Clerk
(SEAL)
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MEMORANDUM
DATE: October 4, 1977
TO: Planning Commission
FROM: Planning Department
RE: ZCA-93, C-l Zone
Alcoholic Beverages in C-l Zone
On September 20, 1977 the City Council heard requests for General •
Plan Amendment (GPA-48) and Zone Change (ZC-196) for property
located on the southeast corner of La Costa and El Camino Real. The
General Plan Amendment as recommended by the Planning Commission was
from Office Professional (0) and Travel Services (TS) to Neighborhood
Commercial (N) . The zone change on this same property was from
General Commercial (C-2) to General Commercial Qualified (C-2-Q) . The
City Council agreed with the Neighborhood designation for the General
Plan Amendment. However they recommended that the Planning Commission
reconsider the zone change to C-l'-Q instead of C-2-Q. The City Council
' feels that the C-l is Neighborhood Commercial and should be used as
a zone to implement the Neighborhood Commercial of the General Plan
(A report from the Planning Commission on this change is also on this
agenda) .
However, the applicant indicated interest in on-sale alcohol .
at the site and that the C-l zone would not permit that use. Without
making a commitment, the City Council directed the Planning Commission
to consider an amendment to the zone code that would allow a
restaurant with on-sale alcohol by a Conditional Use, Permit in the C-l
zone. They wish the Planning Commission to hold a hearing on this
item and return your recommendation to the City Council along with the
report of ZC-196.
DISCUSSION
Presently in the zone code there is little difference between C-l
and C-2 zones. However, the title of C-l is 'Neighborhood Commercial,'
whereas the C-2 is 'General Commercial'. Both of these zones are
poorly written and therefore it is difficult to actually implement
a 'Neighborhood' zone area vs. a 'General Commercial1 area.
Generally we think of C-l as neighborhood shopping center anchored
with a supermarket with compatible satellite uses that lend them-
selves to one stop shopping. The C-2 zone is general and can be used
in a number of ways such as regional shopping or strip commercial.
However, there are some specific differences in the two zones. For
instance the C-l zone lists 27 uses that are allowed by right and
specifically excludes dancing, entertainment, and on-sale liquor.
The C-2 allows any use allowed to the C-l zone plus auto repairing,
on-sale liquor, print shop, photo engraving, upholstery shops and the
general use o"f "catering directly to the consumer." Therefore one of
the few differences between the two zones is that C-l zone does not
permit on-sale alcohol.
The prohibition of on-sale alcohol in the Neighborhood Commercial
Zone is relatively common in zoning practices. It has been noted
that uses with on-sale liquor have a detrimental affect on other
uses in a neighborhood shopping center. Generally customers using
neighborhood centers do not frequent on-sale alcoholic enterprises
during the same shopping 'trip. Therefore they do not lend themselves
to one-stop shopping.
Hours of operation are also generally in conflict, especially in •
shopping centers. The neighborhood uses generally close before
10:00 P.M. whereas on-site businesses have later hovjrs which leads to
a security problem for the other uses.
In addition,, there are many complaints regarding parking demands
required by on-sale alcohol businesses. The consumer in an on-sale
alcoholic beverage business usually spends more time there, whereas
neighborhood commercial is designed for relatively quick in and out
shopping. This is particularly a problem on high peak shopping hours
such as Friday evenings, and Saturday and Sunday afternoons. •
On the other hand, a pleasant restaurant that serves alcohol as part
of the menu is a compatible use in a neighbor. Therefore staff -
recommends that such use be permitted, but permitted only upon
certain finding and condition.
The ordinance amendment submitted for your review requires that
on-sale alcohol is permitted only in a bona fide eating place
as defined by the State Business and Professional Code. The Code
states the following:
23038. "Bona fide public eating place": "Meals": "Guests"
"Bona fide public eating place" means a place which is regularly
and in a bona fide manner used and kept open for the serving
of meals to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences
for cooking an assortment of foods which may be required for
ordinary meals, the kitchen of which must be kept in a
sanitary condition wi,th the proper amount of refrigeration for
keeping of food on said premises and must comply with all the
regulations of the local department of health. "Meals" mean
the usual assortment of foods commonly ordered at various hours
of the day; the service of such food and victuals only as
sandwiches or salads shall not be deemed a compliance with
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this requirement^/ "Guests" shall mean pe^^ns who, during the
hours when meals are regularly served therein, come to a bona
fide public eating place for the purpose of obtaining, and
actually order and obtain at such time, in good faith, a meal
therein. Nothing in this section, however, shall be construed
to require that any food be sold or purchased with any beverage.
The licensing department of Alcoholic Beverage Control indicated that
they interpret this definition somewhat loosely today because of the
specialty shops i.e. pizza parlor, sandwich shops, that don't
specifically meet this definition but are definitely eating places.
Therefore referring to. this definition would permit all food oriented
establishments, but prohibit those that serve food only incidentally.
Note: The amendment as contained in Exhibit A indicates the entire
Section 21.16.015 because of the need to restructure the section.
The subparagraph two is already part of the ordinance, but has to be
included in Exhibit A so it can be properly placed in this
restructuring.
Specific findings are required for approval that further protect the
shopping center from adverse affects of on-sale alcohol. The use for
to have specifically designated parking spaces, and shall not
cause traffic or parking problems. Since these two findings are
subjective, especially in a shopping center, staff believes they
should be findings rather, than conditions.
Recommendation
Staff recommends that ZCA-93 be adopted as per Exhibit A,- 10-6-77
for the following reasons:
1. Restaurants with on-sale alcohol are a compatible use in
neighborhood shopping areas if developed and operated as required
in this zone code amendment.
2. A Negative Declaration was filed indicating that the permitting of
on-sale alcoholic beverages in the C-l zone will have no adverse
effect on the environment as per the Environmental Protection Act
of 1972.
3. 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.
Attachments
"Exhibit A", dated 10-7-77
Excerpts City Council Minutes, dated 9-20-77
BP:jp
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^cptombcr ?07*197^7 o
14.
C-2
AGENDA
TO" CT-Q"
JJKJ.
AND RFf) -
f5195 - ZONE CHANGE REQUEST -
CITY OF CARLSBAD - YC-196.
The Planning Director gave the staff report
stating the zone change request was City
•initiated in order to bring the area into con-'
formance with the General Plan. However, since
Council had directed the-City Attorney to prepar
documents approving GPA-48, the C-2 zone would
be conforming to the General Plan.
He then outlined the Planning Commission's
recommendation to change the zone to C-2-Q, as
well as explaining the uses that can be appli'ed
to a C-l z.one and a C-2 zone. . •
Mayor. Frazee
and asked if
matter.
declared the public hearing open
anyone wished to speak on the
Mr. Nick Banche, 3464 Ridgecrest, Carlsbad, the
attorney representing the owner of the property,
expressed the feeling that a TS zone was not
appropriate. He further stated a C-l zone
would be satisfactory to the owner if Mr.
Burnett would so state he would be satisfied
with 'the zone. .
Mr. William F. Burnett, 523 W. 6th Street, Los
Angeles, addressed Council. He stated a C-l
zone would be satisfactory to him if a provision
could be -included to allow the on-site sale
of alcoholic beverages in a restaurant.
Since no one else wished to be. heard, the Mayor
closed the public hearing at 10:02'P.M.
Council discussed the different zones -and uses
as well as expressed their feelings as to which
zone would be appropriate for the property.
Council returned the natter to the Planning
.Commission for. a report as to the C-l-Q zone
being appropriate for this property. .
Council further instructed the Planning Commis-
sion to consider amendment of the C-l zone pro-
'visions to allow the on-site sale of -alcoholic
beverages in restaurants on a CUP basis.
CARLSBAD REDEVELOPMENT AGENCY
Council adjourned to the Carlsbad Redevelopment
Agency at 10:12 P.M. and reconvened at 10:19 P.M
with all Council members present.
DEPARTMENTAL AND CITY MANAGER REPORTS;
Public Works • '
15. AG_£NOA_ BILL 02241 - Supplement //3 - ACCCP-
TANCE _OH PUBLIC IMPROVEMENTS - EL CAMItIO PORTALS
TWOO'DLl I "NT). . ' .
The Public Works Administrator gave the staff
report, explaining due to some confusion on the
part of staff, the required driveway repair had
not been completed.
•loti on
Ayes
'lotion
Ayes
§23037 ALCOHOLIC BEVERAGES
Cross References:
Club permitted to operate premises under special license: § 23399.2.
Club licenses: §§ 23425 et seq.
Club operated by common carrier at airpoit terminal to qualify for license notwith-
standing provisions of this section: § 23428.13.
Collateral References:
7 Cal Jur 3d Associations and Clubs § 2.
§ 23033. "Bona fide public eating place": "Meals": "Guests"
"Bona fide public eating place" means a place which is regularly at:.:
in a bona fide manner used and kept open for the serving of meals \v
guests for compensation and which has suitable kitchen fadJitic>.
connected therewith, containing conveniences for cooking an assor:
ment of foods which may be required for ordinary meals, the kitdu..
of which must be kept in a sanitary condition with the proper arnoui;!
of refrigeration for keeping of food on said premises and must compi-.
with all the regulations of the local department of health. "Meals"
mean the usual assortment of foods commonly ordered at variuu-.
hours of the day; the service of such food and victuals only a-,
sandwiches or salads shall not be deemed a compliance with th;-.
requirement. "Guests" shall mean persons who, during the hotir>
when meals are regularly served therein, come to- a bona fide publ-
eating place for the purpose of obtaining, and actually order ,ir;'
obtain at such time, in good faith, a meal therein. Nothing in thi-.
section, however, shall be construed to require that any food be so!J
or purchased with any beverage.
Added Stats 1953 ch 152 § 1; Amended Stats 1955 ch 1779 § 1, operative January 1, 1957.
Prior Law: Stats 1935 ch 330 § 2 subd (ml) p 1123, as amended by Stats 1937 ch 758 §3 ;
2127, Stats 1945 ch 1401 § la p 2615, Stats 1951 ch 1257 § 1 p 3113.
Amendments:
1955 Amendment: Substituted this section for former section which read: "'Hotel,' <
'restaurant,' 'cafe,' 'cafeteria,' or 'other eating place' means premises maintained J
and operated in good faith for selling and serving meals to the public for <
consumption upon the premises."
Cross References:
Prohibited selling of alcoholic beverages, other than beers, in any bona fide public
eating place without compliance with requirements prescribed in this Section:
§ 23396.
Authority of hotel, motel, etc., to sublet sale and service of meals required by Ihi*
Section: § 23787.
Pertinent administrative rules and regulations: 4 Cal Adm Code §§ 55, 57.7.
Collateral References:
3 Cal Jur 3d Alcoholic Beverages §§ 14, 49.
Attorney General's Opinions:
29 Ops Atly Gen 95 (prohibition against liquor licensee, holding general on-.wlc
license for bona fide eating place, to lease or make concession agreement
subletting restaurant operations on his licensed premises).
Annotations:
What constitutes hotel or inn within meaning of liquor statute. 19 ALR 531.
284