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Home My WebLink About1987-05-19; City Council; 8987-1; DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A SPECIFIC PLAN AMENDMENT (SP 27A - GERICO'S RESTAURANT)I 8 4 il a a (d c a, u F .rl h FI Q) a 0 00 0 o\ I 0 z m 2 a a, u a 0 a rd -I *rl 2 3 0 V b 00 I o\ 4 I ul .. z 0 F 0 a 5 0 d 2 3 0 G1T-F CARLSBAD - AGENDWILL / '- - AB#8987 - #1 TITLE: DENYING THE APPEAL AND UPHOLDING THE DEPT.1 C,TYA' DEPT.c.A SP-27 (A) : GERICO' S RESTAURANT CITY M RECOMMENDED ACTION: PLANNING COMMISSION'S DENIAL OF A SPECIFIC MTGm5/19/87 PLAN AMENDMENT If the City Council wishes to deny the appeal and uphold the Planning Commission's denial of SP-27(A) your action is to adopt Resolution No. yopo . ITEM EXPLANATION The City Council at your meeting of May 5, 1987 directed the City Attorney to prepare the document denying the specific plan amendment (SP-27(A)) to allow a retail liquor store to operate in Gerico's Restaurant. That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. EXHIBIT Resolution No. 9 0 80 I 7 1 2 3 4 5 6 7 8 9 lo 11 12 c3 < ' -I8 m l3 gz 2 go_=, OWa 14 zowm Ggzg "a,< 15 u. oK2m zo I? tu t 0 +p- ZZS? 16 '5 2 17 18 l9 20 21 22 23 24 25 26 27 28 W 0 RESOLUTION NO. 9080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A SPECIFIC PLAN AMENDMENT SP-27(A) TO ALLOW A RETAIL LIQUOR STORE TO OPERATE IN GERICO'S RESTAURANT. APPLICANT: GERICO'S RESTAURANT CASE NO.: SP-27(A) CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL WHEREAS, a verified application for a specific pla certain property to wit: Lot 2, Tamarack Plaza, Map No. 5944 has been filed with the City of Carlsbad on March 4, 1987 a referred to the Planning Commission; and WHEREAS, the Planning Cornmission did on March 4, 1 hold a duly noticed'public hearing as proscribed by law to consider said application so that Specific Plan SP-27(A) be amended to allow the operation of a retail liquor store wit the existing Gerico's Restaurant; and WHEREAS, the Planning Commission did on said day a after hearing and considering all the evidence and testimon all people dessiring to be heard adopt Resolution No. 2644 denying Specific Plan SP-27(A) ; and i WHEREAS, the applicant appealed the decision of thl Planning Commission to the City Council; and WHEREAS, the Planning Director has determined that project is exempt from environmental review per Section 153 Class 1 existing structures; WHEREAS, on May 5, 1987 the City Council of the Cii Carlsbad held a duly noticed public hearing as proscribed b! to consider said appeal and at said hearing after considera' of all of the evidence, testilnony, argument of those person: 1 2 3 4 5 6 7 8 9 10 Il 12 n 2 UI 5 13 -10 7u 0, g-lLzz OWu 14 zow= GEZg ;:z2 15 '0 +$U - oEYm zo y '5 5 17 l8 19 20 21 22 23 24 25 26 27 28 &-x N ZzZS 16 >0 !- 0 - W 0 present and desiring to be heard the City Council directed City Attorney to prepare documents which would deny the apF and uphold the Planning Commission's decision; and NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad as follows: A. That the foregoing recitations are true and correct. B. That the findinqs of the Planning Commission i Resolution No. 2644, attached as Exhibit A and made a part hereof, constitute the findings of the City Council in this matter. C. That the appeal of the Planning Commission's d of SP-27(A) is hereby denied based upon the facts set out i Planning Department Staff Report dated March 4, 1987, the evidence before the Planning Commission, the evidence as se forth in City Council Agenda Bill No. 8987, and the testimo before the City Council all of which are incorporated herei reference. D. This action of denial is final the date this I I resolution is adopted by the City Council. The provision o Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits fc Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civ Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or othe. paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final: however, if within ten days after the decis I I 1 2 3 4 5 6 7 8 9 lo I1 12 ' - 13 1?8 <!$ 2 g-::: 14 0 '&io zo5= GEzg ::z< 15 $282 16 EO 9 '5 5 I? ou2m >.o 5 18 12 w 0 becomes final a request for the record of the proceedings accompanied by the required deposit in amount sufficient to cover the estimated cost of preparation of such record, the time within which petition may be filed in court is extended to not than the thirtieth day following the date on which record is either personally delivered or mailed to party or his attorney of record, if he has one. A written request for the preparation of the record ' the proceedings shall be filed with the City Clerk City of Carlsbad, 1200 Elm Avenue, Carlsbad, Calif( 92008. " PASSED, APPROVED AND ADOPTED at a regular meeting 1 the City Council of the City of Carlsbad, California, held 1 the 19th vote, to wit: day of May I 1987 by the folio\ AYES: NOES : None ABSENT: None Council Members Lewis, Kulchin, Pettine, Mamaux and I &jQ-$-J& ' &Pa! AUDE A.%EWIS , Mayor ATTEST: I /I j/ 20 I 21 ~ 22 23 24 25 ' 26 27 28, ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 a e PLANNING COMMISSION RESOLUTION NO. 2644 A RESOLUTION OF THE PLANNING COMMISSION OF THE DENIAL OF SPECIFIC PLAN AMENDMENT 27(A), FOR GERICO'S RESTAURANT TO OPERATE A RETAIL LIQUOR STORE WITHIN AN EXISTING RESTAURANT, APPLICANT: GERICO'S RESTAURANT CASE NO: SP-27 (A) WHEREAS, a verified application for certain property, to CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING wit: Lot 2, Tamarack Plaza, Map No. 5944, has been filed with the City of Carlsbad, and referred to the Planning commission: and WHEREAS, said verified application constitutes a request provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, the Planning Commission did, on the 4th day of March, 1987, hold a duly noticed public hearing as prescribed by law, to consider said request; and WHEREAS, at said public hearing, upon hearing and conside ing all testimony and arguments, if any, of all persons desiring be heard, said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: (A) That the foregoing recitations are true and correct, (B) That based on the evidence presented at the public hearing, tl Commission recommends DENIAL of SP-27(A), based on the following findings: //// I/// //// //// I, 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w e Findings: 1. The existing operation does not meet current parking standards. 2. The proposed store would intensify the existing restaura and require additional parking. 3. The location of the proposed liquor store facility could attract freeway traffic, and could pose a threat to the of interstate traffic. 4. There are sufficient off-premises liquor sales existing neighborhood, and adding additional ones would create un facilities which result in an intensification of unneces uses in the neighborhood. 5. The conversion of the existing lobby would create additi parking demands. It would eliminate needed waiting spac patrons within the restaurant or require them to wait in liquor store area. PASSED, APPROVED AND ADOPTED at a regular meeting o Planning Commission of the city of Carlsbad, California, he1 the 4th day of March, 1987, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 1 MARY M RCUS, Chairperson CARLSBAD PLANNING COMMISSIO I ATTEST: y1&, m MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RES0 NO. 2644 -2- 1 * m w 1200 ELM AVENUE TELEPH( CARLSBAD, CALIFORNIA 92008 (619) 434- Office of the City Clerk aitp of CarIs’bab May 21, 1987 Gerico’s Restaurant 850 Tamarack Ave. Carlsbad, CA 92008 Attn: Martin J. Kouma .Enclosed for your records, please find a copy of the , adopted f o 11 owing Resolution No. 9080 by the Carlsbad City Council on May 19, 1987 4g- City EE RAUTENKRANZ Clerk LR: lw Enclosures (1)