Loading...
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. 23 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. 25 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission 26 of the City of Carlsbad that it does recommend approval to the 27 City Council of an Amendment to Title 21 of the Municipal Code 28 > 1 2 3 4.. Conditional Use Permit: 5 On-premise sale of liquor, within a bonafide public 6 7u findings: 8 9 10 11 12 13 14 15 26 27 28 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." 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the 17 Carlsbad City Planning Commission held on October 12, 1977, by 18 the following vote, to wit:j.y AYES: Commissioner Rombotis, L'Heureux, Watson, Fikes, Jose, Woodward. NOES: Commissioner Larson. ABSENT: None. 20 21 22 23 24 n ERIC LARSON, Chairman25 ATTEST: C. HAGAMAN,' /Secretary IIBIT "B" \Jb/l3/77 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 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. 16 17 , INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of 1 2 3 4 5 6 7 8 9 10 11 12 u ROBERT C. FRAZEE, Mayor ATTEST: 14 15 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) 18 19 20 21 22 23 24 25 26 27 .2 c 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 -2- 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 -3- ^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