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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. o:a. ^ EXHIBIT O S oz oo Resolution No. ^'.g"" , denying the appeal. 0 on o uj < 00 3 5 o 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 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 Q CO u. -j io >»S IV •£lII > o 1200 ELM AVENUERLSBAD, CALIFORNIA2 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 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. -2- --. Q m a</5 O "" 0 ui < 1°§1||>£ 1L ' _J O1_ >- UJ Z ^ g QQ DC £J (O 5 § *> o K O 1 2 3 4 5 g\J 7• 8v^ 9 ^ 10j* w 12•!• fc/ 13•A* v 14 15JL w 16 17 18 19 20 21 22 23 24 25 26 27 28 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: / /?///? ^_/ & // __,4 — y(MuUCA&s XT /\ £&cZx^>e/uz-->^-j ALETHA L. RAUTENKRANZ , City Clerk / -3- 1 A RESOLUTION OP THE PLANNING COMMISSION OP THE CITY OF PLANNING COMMISSION RESOLUTION NO. 2505 2 5 6 CASE NO: CUP-277 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 26 27 28 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, t 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: 24 findings; 25 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. k/// EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 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 )