HomeMy WebLinkAbout1985-12-10; City Council; 8416-1; Denial of appeal of Planning CommissionOF CARLSBAD — AGENL . BILL
AR« 8416HM
MTG. 12/10/85
DEPT. CA
TITLE' DENIAL OF APPEAL OF PLANNING COMMIS-
SION DENIAL OF CUP FOR BEER/WINE SALES
AT CARLSBAD RACEWAY -CUP-277 - CALIFORNIA SPEEDWAY, INC.
DEPT. HD.
CITY ATTYy£kf>_
niTY MfiR <^-x
RECOMMENDED ACTION:
If Council concurs your action is to approve Resolution No. ^
denying the appeal and upholding the Planning Commission decision to
deny CUP-277.
ITEM EXPLANATION
The City Council at your meeting of November 26, 1985 directed the
City Attorney to prepare documents denying the appeal and upholding
the Planning Commission's decision to deny CUP-277. The findings of
the Planning Commission are the findings of the City Council with
the following added findings:
1. The applicant has not submitted any evidence or arguments
indicating a reason why the permit should be approved. The
ongoing operation is being conducted without selling alcohol.
There is no reason why it cannot continue on that basis.
2. Although limited alcoholic beverage sales are allowed at raceway
events conducted in the daytime the City Council is not prepared
to extend that permission to events which are conducted at
night. There has been a substantial increase in the number of
accidents on Palomar Airport Road resulting in claims and
lawsuits seeking to hold the City of Carlsbad responsible. The
City Council has determined that it would be contrary to the
public interest to do anything to make the existing situation in
the raceway area worse. Because the City Council is satisfied
that the Planning Commission has correctly determined that the
sale of alcohol would increase the risks of additional traffic
accidents this conditional use permit must be denied.
The City Council should satisfy itself that the findings accurately
reflect your intentions in the matter, that they state facts found
Q by you to be true, and that they adequately explain your reasons
UJ for denying the appeal and upholding the Planning Commission
> decision to deny CUP-277.
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^ EXHIBIT
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Resolution No. ^'.g"" , denying the appeal.
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RESOLUTION NO.8295
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING
THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL
USE PERMIT CUP-277 TO SELL BEER/WINE AT CARLSBAD
RACEWAY.
APPLICANT: CALIFORNIA SPEEDWAY, INC.
CASE NO.; CUP - 277
WHEREAS, a verified application for a conditional use
permit for certain property to wit:
The south half of the Northwest Quarter and the
Southwest Quarter of the Northeast Quarter of Section
18, Township 12 South, Range 3 West.
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did on the 23rd day of
October, 1985 and on the 13th day of November, 1985 hold duly
noticed public hearings as prescribed by law to consider said
request; and
WHEREAS, the Planning Commission did on November 13,
1985 after said public hearings, deny the request for a
conditional use permit; and
WHEREAS, the Land Use Planning Manager has determined
that this project will not cause any significant environmental
impacts and, therefore, has issued a Negative Declaration, dated
October 5, 1985 which was approved by the Planning Comission on
November 13, 1985 in satisfaction of the requirements of the
Carlsbad Environmental Protection Ordinance and the California
Environmental Quality Act; and
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WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on November 26, 1985 the City Council of the
City of Carlsbad held a duly noticed public hearing as prescribed
by law to consider said appeal and at said hearing after
consideration of all the evidence, testimony, argument of those
persons present and desiring to be heard the City Council
determined to deny the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public
hearing the City Council denies the applicant's appeal and
upholds the Planning Commision's decision to deny Conditional Use
Permit CUP-277, based on the findings as shown in Planning
Commission Resolution No. 2505 attached hereto as Exhibit A and
made a part hereof, with the following additional findgins:
FINDINGS;
1. The applicant has not submitted any evidence or arguments
indicating a reason why the permit should be approved. The
ongoing operation is being conducted without selling
alcohol. There is no reason why it cannot continue on that
basis.
2. Although limited alcoholic beverage sales are allowed at
raceway events conducted in the daytime the City Council is
not prepared to extend that permission to events which are
conducted at night. There has been a substantial increase
in the number of accidents on Palomar Airport Road
resulting in claims and lawsuits seeking to hold the City
of Carlsbad responsible. The City Council has determined
that it would be contrary to the public interest to do
anything to make the existing situation in the raceway area
worse. Because the City Council is satisfied that the
Planning Commission has correctly determined that the sale
of alcohol would increase the risks of additional traffic
accidents this conditional use permit must be denied.
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C. This action of denial is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the
appropriate court not later than the ninetieth day
following the date on which this decision becomes
final; however, if within ten days after the decision
becomes final a request for the record of the
proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of
preparation of such record, the time within which such
petition may be filed in court is extended to not later
than the thirtieth day following the date on which the
record is either personally delivered or mailed to the
party or his attorney of record, if he has one. A
written request for the preparation of the record of
the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 10th day of December , 1985 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT: None
^/f // $ J^ (yC-Z^-t— -<-1 CX • — <#--s2--<-fc>-C^
MARY H. CASLER, Mayor
ATTEST:
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ALETHA L. RAUTENKRANZ , City Clerk
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A RESOLUTION OP THE PLANNING COMMISSION OP THE CITY OF
PLANNING COMMISSION RESOLUTION NO. 2505
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CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO
SELL BEER AND WINE COOLERS AT SUNDAY EVENING EVENTS FROM
MARCH THROUGH NOVEMBER AT CARLSBAD RACEWAY ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT
ROAD.
APPLICANT: CALIFORNIA SPEEDWAY, INC.
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WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
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the Planning Commission did, on the 23rd day of October, 1985 and
on November 13, 1985, hold a duly noticed public hearing to
consider said application on property described as:
The south half of the Northwest Quarter and the Southwest
Quarter of the Northeast Quarter of Section 18, Township
12 South, Range 3 West.,
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
[heard, said Commission considered all factors relating to CUP-277.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Commission DENIES CUP-277, based on the following findings:
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findings;
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1) The sale of beer and wine coolers at Sunday evening events
could increase the number of people who become intoxicated at
these events contributing to security problems.
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EXHIBIT A
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2) The sale of beer and wine coolers at Sunday evening events
could jeopardize public safety, especially drivers on Palomar
Airport Roadf when spectators leave the raceway after the
event.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 13th day of November, 1985, by the following vote, to
wit:
AYES: Chairman Schlehuber, Commissioners: L'Heureux,
Marcus, Smith, Holmes and Hall.
NOES: Commissioner McFadden.
ABSENT: None.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RESO NO. 2505 -2-
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92006
TELEPHONE:
(714) 438-5621
Citj> of CarUftab
December 12, 1985
Department of Alcoholic Beverage
1350 Front Street, Room 5056
San Diego, CA 92101
Attn: Elena
Enclosed for your records, please find a copy of the
following Resolution 8295 , adopted by the
Carlsbad City Council on December 10, 1985 __.
Sincerely,
LEE RAUTENKRANZ,
City Clerk
LR:adm
Enclosures ( 1 )