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Home My WebLink About1979-11-06; City Council; 6045; Request for Business Licence The Shrimp PeddlerCITY OF CARLSBAD @jl INITIAL 1.2?1 ✓le __ &=-0-'---'{'-""'5 ____________ Dep t. H d. 1/lY/:C_ AGENDA BILL NO. DATE: DEPARTMENT: NOVEMBER 6, 1979 A ~ Cty. tty. . PLANNING __________________ Cty. Mgr. SUBJECT: REQUEST FOR A BUSINESS LICENSE {THE SHRIMP PEDDLER) STATEMENT OF THE MATTER Attached is a letter from Mr. Tom Lancaste1 of the Shrimp Peddler. Mr. Lancaster has recently discussed his request to conduct the periodic sale of seafood from a truck in the City of Carlsbad. The Planning Department has indicated that they would deny such request for a business license si~ce it is a use not permitted in the Carlsbad Zone Code. Staff ~as determined this based on Section 21.28.020, Limitations on Permitted Uses. This section indicates that uses shall be conducted wh0lly within an enclosed building except for such uses as drive-in restaurants, service sta~ions and similar enterprises customarily con- ducted in the open. Mr. Lancaster, on the other hand, believes that the use should not be considered seafood sales, but an er~erprise to promote other businesses. He indicates seafood sales promote 0ther businesses by drawing customers to the parking lot where the Shrimp Peddler truck is located. He feels that promotional enterprise are normally conducted outdoors. Although Mr. Lancaster has not yet made application for a business license, he has asked that the City Council find that his business is promotional and should be permitted outdoors. Staff, however, believes that the primary use is for retail sales of seafood and if such use was permitted in a truck outdoors, that similar types of operations could then be promulgated throughout the City in various parking lots. This conclusion is based on a history of similar requests for operations out of mobile units. EXHIBITS Letter from Tom Lancaster dated October 3, 1979 Exerpts of Zone Code, Section 21.28.020 RECOMMENDATION lt is recommended th~t the City Council direct staff to prepare a letter indicating to Mr. Lancaster that the City considers selling seafood from a truck as an outdoor use not permitted in the City. Council Action: 11-6-79 Council directed staff to prepare a letter indicating that the City considers selling seafood from a truck as an outdoor use not permitted in the City. THE SI-IRIMF FEDDLER 3434 MIDWAY DRIVE• SAN DIEGO, CA 92110 October 3, 1979 City of Carlsbad City Council 1200 Elm Avenue Carlsbad, CA 92008 Subject: Request for business license to conduct perioJic outdoor promotional sales from a truck in conjunc- tion with a Carlsbad-based business. Gentlemen: The Shrimp Peddler, a San Diego County seafood company, is making a direct request to the City Council that it be granted a business permit to conduct periodic promotional sales of seafood from a truck in the City of Carlsbad at specific local business locations as part of a special event fo4 that business. This appeal is being made directly to the City Council, since the Planning Department of Carlsbad appears to have denied the request on the basis that the sale of seafood is not an outdoor business. Quite the contrary, promotional truck sales of this nature are customarily held out-of-doors in the parking lot of the participating business. The overall approach of this type of promotional sale is to provide maximum visibility of the truck to attract potential customers to local Carlsbad business. This will have the pri- mary impacts of increasing the awareness of the general public: of the local business and with the seafood as a catalyst, of attracting additional customers to the local business. The outdoor aspect of the sale will create an atmosphere of activity which will also attract potential customers to the local business. In addition, the newspaper advertising for the sale will i0entify the local business, further increasing the public's awareness. Th~ duration of the special event seafood sale would be two to three days -typically from 10:00AM to 6:00PM. Th~ frequency of the sale would depend upon the desires of the local business man. In as much as this is an outdoor activity, we feel in requesting this business license that we would be in full compliance with Paragraphs 21.28.020 of general commercial zone codes. Our enterprise, a joint promotion or special event with a local business, is customarily conducted outdoors in the open and thus meets all "limitations in uses" requirements. City of Carlsbad -10/3/79 -Page 2 We look forward to your favorable finding in t~~t this is a normal out-of-doors promotion. Upon receiving your concurrence, we will initiate discussions with prospectiv~ businesses to promote their location and visibility to their customers. The net effect wi 11 be to improve overa 11 business in Carlsbad. ' Thank you for your consideration. Yours, ~~~ TAL/tc Thomas A. Lancaster TIie Shrimp Peddler Chapter 21. 28 C-2 GENERAL COM.~ERCIAL ZONE 21.28.010 21.28.015 Permitted uses. uses and structures permitted by conditional use permit. Limitations on permitted uses. Building height. Front yard. Placement of buildings. Permitted uses. In a C-2 zone, only the fol- lowing uses re permitted as are specifically provided and allowed by th"s chapter, subject to the provisions of Chapter 21.44 governin off-street parking requirements: (1) Any u e permitted in the c-1 zone; (2) Auto r airing; (3) Bars an cocktail lounges (on-sale liquor); (4) Pet shops (5) Blueprinti g, photocopying, duplicating and mimeo- graphing services; ( 6) Cc..:,unercial p · nting and photoengrav.' ng; (7) Upholstering ops; (8) Retail, wholesa e or service businesses catering directly to the consumer. (Ord. 9480 §1, 1977; Ord. 9426 §3, 1975: Ord. 9::>6 §1, 19 3: Ord. 9060 §ll00). 21.28.015 Uses use permit. SubJect 21.50, the following ditional use permit: to the p of Chapters 21.42 and uses and s are permitted by con- (1) Residential uses located the ground floor of a multistoried building when one or ore of the uses permitted by Section 21.28.010 is located on th ground floor of such building; (2) be on any (3) Ord. 9426 Residential Care Facilities. hese facilities may floor as approved by the condit"onal use permit; Profeasional care facilities. ( rd. 9455 §6, 1976: §4, 1975). 21.28.020 Limitations on permitted uses. Every use permitted in the C-2 zone shall be subJect to the following conditions and limitations: (1) All uses shall be conducted wholly within an en- closed building except such uses as drive-in restaurants, gaso- line stations, electrical transformer substations and horticul- tural nurseried, and similar enterprises customarily conducted in the open. 392 (Carlsbad 7/15/77) 2~8.030--21.28.050 (2) Products made incident to a permitted use and manu- factured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. (Ord. 9224 §2 (part), 1969: Ord. 9060 §1101). 21.28.030 Building height. Except as otherwise provided i this section, no building ~n the C-2 zone shall exceed thir- ty-·ve feet in height. The city council may approve a height limit in excess of thirty-five feet for a development of forty acres more where the council finds: (1) That there are other buildings which are within the area whic exceed the thirty-five-foot height limits; (2) e height of the buildings will not adversely effect surrounding operties; (3) The uildings will not be unduly disproportional to other buildings in the area. (Ord. 9489 §1, 1977: Ord. 9060 §1102). 21.28.040 Fr nt ard. No front yard shall be provided except as may be re uired by a precise plan. (Ord. 9060 §1103). 21.28.050 t of buildin s. On any lot, the rear lot line of roperty in any "R" zone and no alley intervenes, no buildings all be erected closer than ten feet to the rear lot line; prov'ded further, if such a lot abuts upon an alley, no building hall be erected closer than five feet to the rear lot line of such lot. (Ord. 9060 §1104). Sections: 21.29.010 21. 29. 020 21.29.030 21. 29. 040 21.29.050 21.29.060 21. 29. 070 C-T Intent and purpose. Application. ZONE Permitted uses and structu es. Accessory uses and structur s. Uses and structures permitte by conditional use permit. Building height. Place~ent of buildings. 392-1 (Carlsbad lC/15/77) 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 November 9, 1979 <lCttp of <tl:adsbab Mr. Thomas A. Lancaster "The Shrimp Peddler" 3434 Midway Drive San Diego, CA 92110 Dear Mr. Lancaster: TELEPHONE: (714) 729-1181 At the meeting of November 6, 1979, Council considered your request for a Business License to conduct periodic promotional sales of seafood from a truck. The Council directed that you be informed that such a bus.iness would be in violation of Section 21.28.020 of the Carlsbad Municipal Code, which requires that uses shall be conducted wholly within an enclosed building. In addition, the Council agreed that your requested business is not an exception to that Section. Therefore, this is to inform you that your request for a Business License was denied. LEE RAUTENKRANZ, City Clerk LR:adm