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HomeMy WebLinkAbout1981-05-19; City Council; 6588-1; Chamber of Commerce AppealCITY OF CARLSBAD N 44 AGENDA BILL NO. 6588, Supplement No. 1 Initial: DATE : May 19, 1981 C. Atty:m- DEPARTMENT: City Attorney Dept . Hd C. Mgr. * Subject: CUP-42(H)--CHAMBER OF COMMERCE: APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN AMENDMENT TO A CONDITIONAL USE PERMIT Statement of the Matter The City Council, at your meeting of May 5, 1981, directed the City Attorney to prepare the necessary documents denying proposed Conditional Use Permit 42(H). The resolution denying CUP-42(H) is attached. Exhibit Resolution No. sqo , denying CUP-42 (H) . Recommendat ion If the City Counc concurs, your action is to adopt Resolution No. 5vo Council Action: 5-19-81 The matter was continued to the next meeting when all menbers of the cotncil dd be present. 1 2 3 4 5 6 7 8 9 10 11 12 a 19 20 21 22 22 24 2: 26 27 2E RESOLUTION NO. 6540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION RECOMMENDATION AND DECISION AND DENY- ING THE APPEAL FOR A CONDITIONAL USE PERMIT (CUP-42(H)) TO SELL BEER AT THE U. S. GRAN PRIX MOTOCROSS, AT THE CARLSBAD RACEWAY, ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR APPLICANT: CHAMBER OF COMMERCE. WHEREAS, on April 22, 1981 the Carlsbad City Planning AIRPORT ROAD WEST OF LINDA VISTA DRIVE. Commission adopted Resolution No. 1801, which is herewith referred to and made a part hereof, denying a Conditional Use Permit (CUP-42(H)) to sell beer at the u. S. Gran Prix Motocross, at the Carlsbad Raceway, on property generally located on the North Side of Palomar Airport Road West of Linda Vista Drive, more particularly described as: The south 1/2 of the northwest 1/4 and the southwest 1/4 of the northeast 1/4 of Section 18, Township 12 South, Range 3 West; and WHEREAS, on April 23, 1981 a proper appeal was filed by the applicant in protest of the Planning Commission's denial; and WHEREAS, the Planning Director has determined that this project is categorically exempt from environmental review according to Section 19.04.070(f)(3) of the Carlsbad Environmental Protection Ordinance of 1980; and WHEREAS, a duly noticed public hearing was held by the City Council on May 5, 1981 to consider the appeal of said denial at which time all persons interested in or opposed to the proposed conditional use permit were heard and the decision of the Planning Commission considered; NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Carlsbad as follows: 1. 2. That the above recitations are true and correct. That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 1801 constitute the findings of the City Council in this matter. 3. That the City Council hereby denies this appeal and affirms the decision of the Planning Commission to deny proposed Conditional Use Permit 42(H). PASSED, APROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 2nd day of June , 1981, by the following vote, to wit: AYES : NOES: Council Menher Kulchin Council Members Packard, hear, Lads ABSENT: council Menher Casler ATTEST : ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL)