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HomeMy WebLinkAbout1981-05-05; City Council; 6588; Appeal of Planning Commission Decision CUP 42HAGENDA BIU INITIAL: MJH:Ls AGENDA BILL NO: b 3-88' DEPT. HD. DATE: MAY 5, 1981 CTY. ATTY. DEPARTPENT : PLANNING CTY. MGR.p SlTBTECT : CUP-42(H) - CHAMBER OF COMMERCE: APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN AMENDMENT TO A CONDITIONAL USE PERMIT STATEPENT OF THE MATTER: This is an appeal of the Planning Commission's decision to deny an amendment of CUP42 to allow the Chamber of Commerce to sell beer from six to nine temporary booths at the U.S. Gran Prix Motocross which will be held at the Carlsbad Race- way on June 20 and 21, 1981. The proceeds from the beer sales would be used by the Chamber to support various community functions. A motion to approve the conditional use permit amendment at the Planning Commission hearing failed to carry on a 2-2 vote with one Commissioner absent and two Commissioners abstain- ing due to a possible conflict of interest. The Chamber representative then requested the four voting Commissioners unanimously deny the amendment so that the decision could be immediately appealed to the City Council. A motion to deny CUP-42(H) then carried by a 4-0 vote. The Planning staff was recommending denial of the request because of concerns expressed by the Police Chief regarding problems related to the on-site sale of alcohol. These concerns were enumerated in a memo to the Planning Director from the Chief of Police dated April 8, 1981 (attached). The Chief attended the Planning Commission hearing and indicated that while he was generally unfavor- able to the request, he was willing to work with the applicant on a one-year trial basis if Planning Commission or the City Council decided to approve the request. Chief recommended that if the request was approved, he be given final authority for the location of all dispensing booths and the number of city police staff necessary to safely enforce the event and that the applicant, owner of the Raceway and/or promoter of the event pay the full cost of providing police protection, including both salaries and benefits. FISCAL IMPACT that The If the City Council approves the appeal and grants this request, the Chief of Police is recommending that the applicant, owner or promoter pay for the full cost of providing city police protection, including both salaries and benefits. Otherwise, cost to the city for adequate police protection would require a minimum of six police officers paid at regular time and a half. ENVIRONMENTAL REVIEW The from kvironmental Protection Ordinance. REC0l"DATION the Planning Director has determined that this project is categorically exempt review according to Section 19.04.070(f) (3) of the Carlsbad environmental It recommended that the City Council uphold the Planning Commission's deci- sion to DENY CUP42(H) pursuant to Resolution No. 1801 and direct the City At- torney to prepare the necessary documents DENYING CUP42(H). is AGENDA BILL CUP42 (H) : Continued As an alternative, should the City Council decide to approve CUP-42(H), an al- ternate resolution containing conditions of approvd has been attached. Staff would recommend, based upon the input from the Chief of Police at the Planning Commission hearing, that Condition No. 11 of this approval resolution be amended to grant the request for one year with the possibility of extending the permit if no substantial problems arise and that the following additional conditions be added : The Chief of Police shall have the final authority for the location and operation of all dispensing booths and for the number of city police staff necessary to safely patrol the event. 14) The applicant, owner and/or promoter of the event shall pay for the full cost of providing city police protection, including both salaries and benefits, to the satisfaction of the Chief of Police. 13) ATTACXIMENTS Staff Report of April 22, 1981 OUNCIL ACTION: 5-5-81 Council directed the City Attorney to prepare the necessary documents denying the amendment to CUP-42(H). -2-