HomeMy WebLinkAbout1992-05-05; City Council; 11671; AMENDMENT TO SECTION 21.43.110 OF TITLE 21 - ADULT ENTERTAINMENT PERMIT REVIEW PROCESS - ZCA 91-080 0
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ciT.0~ CARLSBAD - AGEN~ BILL
AMENDMENT TO SECTION 21.43.110 OF AB # /Ii 67 1 TITLE: TITLE 21 m ADULT ENTERTAINMENT MTG. 5/5/92 PERMIT REVIEW PROCESS - ZCA 91-8
DEPT. PLN
RECOMMENDED ACTION:
If Council concurs, both the Planning Commission and sta
recommending that the City Council IiMPT Resolution NO, &
APPROVING the Negative Declaration issued by the P1 Director; and INTRODUCE Ordinance No. fl 5- -;?cj.z;' APPROVING ZCA 91-8.
ITEM EXPLANATION
On March 4, 1992 the Planning Commission conducted a
hearing and recommended approval (7-0) of this proposed zor
amendment which will establish time limitations for the
Entertainment Permit Review Process. The Planning Comi
made changes to the dates on page 3 of Exhibit I1Xt1 and a ch,
Finding number 1 of Planning Commission Resolution No. :
delete the words Itthe California Government Code and'!.
The amendment has been proposed by the City Attorney as a
of a recent decision of the Court of Appeals which founc Angeles ordinance requiring issuance of an adult bi
of speech because it lacked time limitations in which a must be granted or denied. This zone code amendmen
establish specific time limitations for the review proc
addition to changing references in the code to reflect titles currently in use. Exhibit IrAI1 attached to the staff to the Planning Commission illustrates the amendments. De are lined out and additions are highlighted.
ENVIRONMENTAL REVIEW
On March 4, 1992, the Planning Commission recommended appr the Negative Declaration issued by the Planning Direc February 6, 1992.
FISCAL IMPACT
There will be no fiscal impact from the adopti
implementation of the proposed amendments to Section 21.4: Title 21.
conditional use permit to be an unconstitutional prior re
EXHIBITS
1. City Council Resolution No. C/J-//d5
2. City Council Ordinance No. m
3. Planning Commission Resolutions Nos. 3362 and 3363
4. Planning Commission Staff Report, dated March 4, 19:
5. Excerpts of Planning Commission Minutes, dated March
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ORDINANCE NO. NS - 300
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.43 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF SECTION 21.43.110 TO ADD TIME LIMITS FOR PROCESSING ADULT ENTERTAIN MENT PERMITS
The City Council of the City of Carlsbad, Calif
does ordain as follows:
SECTION 1.: That Title 21, Chapter 21.43 (
Carlsbad Municipal Code is amended by the amendment of s
21.43.110 to read as follows:
"21.43.110 Referral of aDDlications for licen:
permits to other departments and aqencies.
(1) The planning director, upon receivi
application for a conditional use permit as provided in :
21.43.080 or an adult entertainment permit, and the 1
collector, upon receiving an application for a business 1:
shall, within fourteen days, refer any such application
community development director, the police department, tl
department and the planning director, which department5
inspect the premises proposed to be operated as an
entertainment establishment, and shall make t
recommendations.to the planning director concerning comI
with the codes that they administer within thirty days county department of health shall also be requested t
written recommendations within thirty days. All recommenc
shall be considered during the permit review process or any public hearing required prior to the issuance of any 1
A permit shall not be issued if it is found that the p: establishment does not conform to the requirements c chapter or any state or local law.
The planning director shall determine in whether the application for a permit is complete anc
transmit the determination to the applicant within thir after the application has been filed with the planning di The written determination shall specify those parts
application which are incomplete and shall indicate the
in which the application can be made complete. determination that an initial application is incomplete I-
transmitted to the applicant, the applicant shall h;
months from the date the application was initially f
specified in the determination. Failure of the appli
resubmit the application or to submit the materials in rc to the determination within the six months shall be de
either resubmit the application or submit the info
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e
constitute withdrawal of the application. If an applicat withdrawn or deemed withdrawn, a new application mu
submitted. The applicant may appeal a decisio
incompleteness in writing to the planning commission \ twenty days after the determination has been transmitted '
applicant.
(2) An application shall be under oath, and include among other things, the true names and addresses persons financially interested in the business. The
criminal record, if any, of all persons financially inte in the business shalt1 be shown on such application. Th
"persons financially interested" shall include the applica all persons who share in the profits of the business (
basis of gross or net revenue, including landlords, le
lessees, and the owner of the building, fixtures or equi
The application shall also be accompanied by fingerprii
persons financially interested.
The chief of police shall ]make such investigat
is necessary to determine the background of the applica
other persons financially interested. The chief of police
report to the planning commission his findings
recommendations as to whether the adult entertainment per
conditional use permit should be approved or denied in w
within thirty days after the application is submitted
chief of police. The recommendations; of the police chief be based on the findings and may also be based on his ju
of potential enforcement problems andl reasons therefor fr proposed establishment. The report shall be considered planning commission in making findings required by S
21.43.080 or in issuing an adult entertainment permit pu
to Section 21.43.090. Such findings shall be made 1
planning commission within thirty clays after receipt ( written report. Failure to so report shall be
recommendation of approval of the permit by the chief of p
(3) Upon denial of any application for an entertainment permit, or a conditional use permit as des
in Section 21.43.080, the planning commission shall set
the reasons for the denial in writing. The written reasc
denial shall be sent to the applicant at the address spe
on the application by means of certified or registered F
by hand delivery. The denied applicant shall, at his ele have the right to a hearing before the city council
applicant files a written appeal within ten days after 1~ of the notice of denial. The hearing shall be held
thirty days after the receipt of the written appeal. Th council may approve, deny or conditionally approve or de application. The decision of the city council shall be If the applicant does not request a hearing within ten c
notice of denial, the decision of the planning commissior be final.'!
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EFFECTIVE DATE: This ordinance shal
effective thirty days after its adoption, and the city
shall certify to the adoption of this ordinance and cause
be published at least once in the Carlsbad Journal T
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meet
the Carlsbad City Council on the day of
1992, and thereafter
PASSED AND ADOPTED at a regular meeting t
day o City Council of the City of Carlsbad on the
, 1992, by the following vote, to wit:
AYES:
NOES:
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, Acting City Attorney
CLAUDE A. LEWIS, Mayc
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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PLANNING COMMISSION RESOLUTION NO. 3362
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE
CODE AMENDMENT TO AMEND TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE, SECTION 21.43.1 10, TO
ESTABLISH SPECIFIC TIME LIMITATIONS FOR THE ADULT
ENTERTAINMENT PERMIT REVIEW PROCESS AND TO CHANGE REFERENCES IN THE CODE TO REFLECT STAFF
TITLES CURRENTLY IN USE.
CASE NAME: CITY OF CARLSBAD
CASE NO: ZCA 91-8
WHEREAS, ,the Planning Commission did on the 4th day of N
, hold a duly noticed public: hearing as prescribed by law to consider said rec
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WHEREAS, at said public hearing, upon hearing and con
testimony and arguments, examining the initial study, analyzing the
submitted by staff, and considering any written comments received, t
Commission considered all factors relating to the Negative Declaration.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
as follows:
A) That the foregoing recitations are true and correct.
181 €3) That based on the evidence presented at the public hearing, 1 :: I
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Commission hereby recommends APPROVAL of the Negative Declarat
to Exhibit "ND", dated February 6, 1992, and "PII", dated Janua
attached hereto and made a part hereof, based on the following fin
Finding:
1. The initial study shows that there is no substantial evidence that th
have a significant impact on the environment.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of tf
Commission of the City of Carlsbad, California, held on the 4th day of Marc1
the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber,
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
% 7- TOM ERWIN, Chairperson
CARLSBAD PLANNING cor
ATTEST:
-e
PLANNING DIRECTOR
PC RES0 NO. 3362 -2-
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NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: City of Carlsbad
PROJECT DESCRIPTION: Amendment to Section 21.43.110 of Title 21 (Zone Co
establish specific time limitations for the Adult Entertai
Permit review process and change references in the cc
reflect staff titles currently in use.
The City of Carlsbad has conducted an environmental review of the above described I
pursuant to the Guidelines for Implementation of the California Environmental Qual
and the Environmental Protection Ordinance of the City of Carlsbad. As a result (
review, a Negative Declaration (declaration that the project will not have a sign
impact on the environment) is hereby issued for the subject project. Justification f
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Pli
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments frc
public are invited. Please submit comments in writing to the Planning Department
30 days of date of issuance. If you have any questions, please call Don Neu
Planning Department at 438-1161, extension 4446.
DATED: FEBRUARY 6, 1992
CASE NO: ZCA 91-8 Planning Director
CASE NAME: ADULT ENTERTAINMENT PERMIT REVIEW TIME LIMITATIONS
PUBLISH DATE: FEBRUARY 6, 1992
DN:vd
2a75 Las Palmas Drive - Carlsbad. California 92009-1576 - (619) 43E
8 0 0
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ENvzRO"TAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE Nc
DATE: Jam
BACKGROUND
1. CASE NAME: Adult Entertainment Permit Review Time Limitations
2. APPLICANT: Citv of Carlsbad
3. ADDRESS AND PHONE NUMBER OF APPLICANT: Citv Attornev, Citv of Cads
1200 Carlsbad Village Dn
Carlsbad, CA 92008 (61!
4. DATE EtA FORM PART I SUBMITTED: N/A
5. PROJECT DESCRIPTION: Amendment to Section 21 43.1 10 of Title 21 (Zone Cor
sDecific time limitations for the Adult Entertainment Permit review vrocess.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the Cil
Environmental Impact Assessment to determine if a project may have a sigmficant effect on th
The Environmental Impact Assessment appears in the following pages in the form of a checklist
8 identifies any physical, biological and human factors that might be impacted by the prop0
provides the City with information to use as the basis for deciding whether to prepare an
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence tha
any Of its aspects may cause a sipfkant effect on the environment. On the checklist, "NOf to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that a
project may cause a significant effect on the environment. The project may qualify
Declaration however, if adverse impacts are mitigated so that environmental effects
insignificant. These findings are shown in the checklist under the headings YES-sig"
respectively .
A discussion of potential impacts and the proposed mitigation measures appears at the end 0'
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be give
mitigation for impacts which would otherwise be determined sigdicant.
,
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s PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
big) (insig)
1. Result in unstable earth conditions or
increase the exposure of people or property to geologic hazards? - -
unique physical features? - -
Result in or be affected by erosion of soils either on or off the site? - -
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
2. Appreciably change the topography or any
3.
4.
- any bay, inlet or lake?
ambient air quality? - -
movement, odor, moisture, or temperature? - -
water (marine, fresh or flood waters)? - -
water, ground water or public water supply? - -
depletion of any natural resources? - -
10. Use substantial amounts of fuel or energy? - -
-
5. Result in substantial adverse effects on
6. Result in substantial changes in air
7. Substantially change the course or flow of
8. Affect the quantity or quality of surface
9. Substantially increase usage or cause
11. Alter a significant archeological,
paleontological or historical site, structure or object? - -
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BIOLOGICAL ENVIR0"T
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
(sit) (insig)
12. Affect the &versky of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic - - plants)?
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species? -
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance? - -
15. Affect the diversity of species, habitat or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects? - -
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals? - -
HUMANENVIRONMENT
WILL THE PROPOSAL DIRECI'LY OR INDIRECTLY: YES YES
(sig) (insid
17. Alter the present or planned land use
of an area? - -
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services? - -
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HuMANENVlRoNMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
(sig) (insig)
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste control systems? -
20. Increase existing noise levels?
21. Produce new light or glare? - -
22. Involve a significant risk of an explosion
(including, but not limited to, oil,
or the release of hazardous substances
pesticides, chemicals or radiation)? - -
human population of an area? - -
for additional housing? - -
25. Generate substantial additional traffic? - -
create a large demand for new parking? - -
Impact existing transportation systems or
alter present patterns of circulation or movement of people and/or goods? - -
28. Alter waterborne, rail or air traffic? - -
vehicles, bicyclists or pedestrians? - -
emergency evacuation plans? 7 -
aesthetically offensive public view? - -
23. Substantially alter the density of the
24. Affect existing housing, or create a demand
26. Affect existing parking facilities, or
27.
29. Increase traffic hazards to motor
30. Interfere With emergency response plans or
31. Obstruct any scenic vista or create an
32. Affect the quality or quantity of - existing recreational opportunities? -
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MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL, DIRECTLY OR INDIRECTLY: YES YES
big) (insig)
33. Does the project have the potential to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory. -
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
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35.
effects of other current projects, and the effects of probable future projects.) -
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly? - -
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A
DtSCUSSION OF ENVIRONMENTAL EVALUATION
The project consists of an amendment to Section 21.43.1 10 of the Carlsbad Municipal Code to
the hdtations for the Adult Entertainment Permit review process. The amendment rt
recommended by the City Attorney based on a recent decision of the court of appeal whic
Angeles ordinance requiring issuance of an adult business conditional use permit to be an u
prior restraint of speech because it lacked time limitations in which a permit must be gra
(Peode v. Librarv One, Inc.(1991) 229 Cal. App. 3d 973,280 Cal. Rptr. 400).
No physical alteration of the environment is associated v9h this project, therefore no S1gn.i
biological, or human environmental impacts will result. This zone code amendment establisf
limitations for the review process and changes references in the code to reflect staff titles CL
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ANALYSIS OF VIABLE ALTERNATIVES TO 'THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f> alternate sites for the proposed, and
g) no project alternative.
Project alternatives are required when there is evidence that the project will have a sigruficant I
on the environment and an alternative would lessen or mitigate those adverse impacts. Public 1
Section 21002 forbids the approval of projects with signLficant adverse impacts when feasible
mitigation measures can substantially lessen such impacts. A "significant effect" is defhed as
a substantial adverse impact. If the project has "NO" significant impacts than there is no subs1
impact and no justification for requiring a discussion of alternatives, (There is no alternative to
adverse impact).
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DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
X I find the proposed project COULD NOE have a sigmficant effect on the environment, an(
DECLARATION will be prepared.
- I find that the proposed project C0UL:D NOT have a sigmficant effect on the environmer environmental effects of the proposed project have already been considered in con
previously certified environmental documents and no additional environmental revie
Therefore, a Notice of Determination has been prepared.
- I find that although the proposed project could have a significant effect on the environxr not be a significant effect in this case because the mitigation measures described on ar
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the environment, and an ENV IMPACT REPORT is required.
&% ,-
Signature \/qh
Dat
I /3o/~iz
Date '
LIST MITIGATING MEASURES (IF APPLICABLE]
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLEl
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APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT 1 HAVE REVIEWED THE ABOVE MITIGATING MEASURE
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
DN vd
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PLANNING COMMISSION RESOLUTION NO. 3363
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21, CHAPTER 21,43, SECTION 21.43.110, OF THE
CARLSBAD MUNICIPAL CODE, TO ADD TIME LIMITS FOR
PROCESSING ADULT ENTERTAINMENT PERMITS AND TO
CHANGE REFERENCES IN THE CODE TO REFLECT STAFF
TITLES CURRENTLY IN USE.
CASE NAME: CITY OF CARLSBAD
CASE NO: ZCA 91-8
WHEREAS, the Planning Commission did on the 4th day of PV
hold a duly noticed public hearing as prescribed by law to consider said re
WHEREAS, at said public hearing, upon hearing and COI
testimony and arguments, if any, of all persons desiring to be heard, said
considered all factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
recommends APPROVAL of ZCA 91-8, according to Exhibit "X", da
1992, attached hereto and made a part hereof, based on the follow
m:
1. The Zone Code Amendment is consistent with provisions the Carls€
Code and will establish time limits to be followed in implementing
the General Plan and Zoning Code when Adult Entertainment
reviewed.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of *
Commission of the City of Carlsbad, California, held on the 4th day of Marr
the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehube:
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
%L
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISS
ATTEST:
MICHAEL J. H~ZMIL~R
Planning Director
PC RES0 NO. 3363 -2-
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APPLIC. .ION COMPLETE C
DECEMBER 27, 1991
L. 0
STAFF REPORT
DATE: MARCH 4, 1992
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT! ZCA 91-8 TIME LIMITATIONS FORTHE ADULT ENTERTAINMENT PE
MEW PROCESS - Request for recommendation of approval of a Ne:
Declaration, and an amendment to Section 21.43.110 of Title 21 (
Carlsbad Municipal Code to establish specific time limitations for the
Entertainment Perrrut review process and to change references in the
to reflect staff titles currently in use.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No.
recommending APPROVAL of the Negative Declaration issued by the Planning Direct0
ADOPT Planning Commission Resolution No. 3363 recommending APPROVAL of ZCA
based on the findings and subject to the conditions contained therein.
II. PROJECX DESCRIPTION AND BACKGROUND
The Planning Cornmission approved Resolution of Intention 190 on November 20,
to consider amending Section 21.43.110 of Title 21 of the Carlsbad Municipal Cc
amendment has been proposed by the City Attorney as a result of a recent decision
court of appeal which found a Los Angeles ordinance requiring issuance of an
business conditional use permit to be an unconstitutional prior restraint of speech be
it lacked time limitations in which a permit must be granted or denied. (People v. L
One, Inc. (1991) 229 Cal.App.3d 973, 280 Cal.Rptr.400.)
The Municipal Code requires the issuance of an adult entertainment conditional use I
for adult entertainment establishments such as adult book stores, theaters, bath house
Presently no specific time limits for the review of adult entertainment permits is con1
in the Municipal Code. This zone code amendment will establish specific time limitl
for the review process. In addition, all references to the "land use planning manager'
been changed to "planning director" and all references to "building and planning dir
have been changed to the "community development director" to reflect staff titles cur
in use." Exhibit "A" attached to the staff report illustrates the amendments. Deletioi
lined out and additions are highlighted.
establish spec& time lidtations for the Adult Entertainment PeAt review process
4
zc~ 91-8 TIME LIMIT** FOR THE ADULT ENTERTAINME p [MIT REVIEW PRO(
b. MARCH 4, 1992
PAGE 2
111. ANALysrs
Planning Issues
1. Are the proposed time limits for processing Adult Entertainment Permits cons
with the requirements of the Permit Streamlining Act and the Procedures CE
(21.54) of the Carlsbad Municipal Code? Gf.
DISCUSSION
The time limits proposed are consistent with the Permit Streamlining Act (Calil
Government Code Section 65920 - 65963.1). Section 65943 of the California Goverr
Code requires that, "Not later than 30 calendar days after any public agency has rec
an application for a development project, the agency shall determine in writing wk
the application is complete and shall immediately transmit the determination t
applicant for the development project." The proposed amendment includes this pro'
as well as additional time limits to assist City staff in meeting the 30 day limit.
Many of the provisions of the proposed amendment are also contained in Chapter
of the Carlsbad Municipal Code. The proposed time limits for processing an
entertainment permit are therefore consistent with both state and city requirement!
nr. ENVIRONMENTAL REVIEW
No physical alteration of the environment is associated with this zone code amend
therefore no significant physical, biological, or human environmental impacts will I
Establishing specific time limitations for the Adult Entertainment Permit review proce!
bring the City's code into conformance with a recent court decision concerning
Angeles Adult Entertainment Ordinance. Any requests for issuance of an
Entertainment Permit will be required to undergo environmental review. This zone
amendment was analyzed through an Environmental Assessment Part-I1 (Initial SI
The Planning Director has determined that ZCA 91-8 would not create any si@
adverse environmental impacts, and an Negadve Declaradon was issued on Febru:
1992.
ATTACHMENTS
1.
2.
3.
Exhibit "A" Illustrating the Amendments
Planning Commission Resolution No. 3362
Planning Commission Resolution No. 3363
February 4, 1992
DN:km
a W
1
EXHIBIT "A"
1q21,43,110 Referral of amlications for licenses
permits to other demrtments and aqencies.
(1) The I receiving an i provided in Section 21.43.080 or an adult entertainment pe and the license collector ..
. The county department of k
ew process or during any public hearing rec prior to the issuance of any permit. A permit shall r issued if it is found that the proposed establishment dol conform to the requirements of this chapter or any st: local law.
(2) An application shall be under oath, and shall . among other things, the true names and addresses of all 1
financially interested in the business. The past C1
business shall be shown on such application. The term *'
financially interested1@ shall include the applicant z
I record, if any, of all persons financially interested
W 0
b
persons who share in the profits of the business on the bz
gross or net revenue, including landlords, lessors, lessed
the owner of the building, fixtures or equipment.
application shall also be accompanied by fingerprints of F
financially interested.
The chief of police shall make such investigation
necessary to determine the background of the applicant an(
persons financially interested. The chief of police
report to the planning commission his finding!
recommendations as to whether the adult entertainment pel
conditional use permit should be approved or denied in \ within thirty days after the application is submitted The recommendations of the police chiel findings and may also be based on his ]I
of potential enforcement problems and reasons therefor f:
proposed establishment. The report shall be considered
planning commission in making findings required by :
21.43.080 or in issuing a to Section 21.43.090.
.
denial shall be sent to the applicant at the address spc on the application by means of certified or registered 1
by hand delivery. The denied applicant shall, at his elc
application. The decision of the city council shall be
If the applicant does not request a hearing within ten ' notice of denial, the decision of the planning commissio
be final."
(Deletions are lined out and additions are highlighted.
March 4, 1992 PLANNING COMMISSION Page 13
6) ZCA 91-8 - TIME LIMITATIONS FOR THE ADULT ENTERTAINMENT
PERMIT REVIEW PROCESS - Request for recommendation of
approval for a Negative Declaration, and an amendment
to Section 21.43.110 of Title 21 of the Carlsbad
Municipal Code to establish specific time limitations
for the Adult Entertainment Permit review process and
to change references in the code to reflect staff
titles currently in use.
Robert Green, Principal Planner, reviewed the background Of
the request and stated that the proposed ZCA is to establish
specific time limitations for the review of adult
entertainment permits.
recommends approval based on the findings and conditions
contained therein, with two alterations: (1) Lines 7 and 10
of Page 3, Exhibit "X," should read 1992 instead of 1991;
and (2) Finding X1 of Resolution No. 3363 to eliminate the
words "California Government Code."
Mr. Green stated that he wished to clear up any impression
that this proposal must comply with the Permit Streamlining
Act. It does not have to comply with this portion of the
law. However, the amendment has been structured in such a
way that it does happen to comply with the Act.
Commissioner Schlehuber inquired if staff has received any
public input on this item. Mr. Green replied that, to his
knowledge, no input has been received.
Chairman Erwin opened the public testimony and issued the
invitation to speak.
There being no persons desiring to address the Commission on
this topic, Chairman Erwin declared the public testimony
The amendment is necessary to
conform with a recent Court of Appeal's decision. Staff
closed and opened the item for discussion among the
Commission members.
Motion was duly made, seconded, and carried to adopt
Planning Commission Resolution No. 3362 recommending
approval of the Negative Declaration issued by the
Planning Director, and adopt Planning Commission
Resolution No. 3363 recommending approval of ZCA 91-8,
based on the findings and subject to the conditions
contained therein, including the date changes on page 3
of Exhibit "X" and the change to Finding #1 of Resolution
No. 3363 to delete the words "the California Government Code
and".
7) - Amendments to various
e Zoning Ordinance to allow
he threshold to allow the
ding height limit to be
ication of the underground
larification of the
Eric Munoz, Associate Planner, the background of
the request and stated that the prop
components, i.e. (1) adjustment of the d to exceed
the 30' single store height limit, (2) cl
underground parking definition, and (3) allo
above height limits.
* Adjustment of the Threshold - In order to exceed the
single family height limit of 30 ft/2 stories, a property
must currently have a minimum 15,000 s.f. lot size and
have a R-1-15 minimum zoning. Resolution of Intention
COMMISSIONE
Erwin
Hall
Holmes
Noble
Savary
Schleht
Schramn
w 0
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of Sun Diego Cour
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-654
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STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above c
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of gene
published weekly in the City of Carlsbad, County of San Diego, State of California, and wh
is published for the dissemination of locaI news and intelIigence of a genera1 characi
newspaper at all times herein mentioned had and still has a bona fide subscription
subscribers, and which newspaper has been established, printed and published at regular
said City of Oceanside, County of San Diego, State of California, for a period exceeding preceding the date of puk
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notice of which the annex1
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and entire issue of said new
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ing dates, to-wit:
April
NOTICE OF PUBLIC HEARING ZCA 91 8 ADULT ENTERI'AINMEVT PERMIT P.EVIEW PROCESS
NOTICEIS HEHEBYGIVEN that
bad uill hold a public hearing at
Carlsbad Village Dribe Carlstiad California. at 6 00 P X on Tuesda\ May 5, 1S92, to consider a request forapprobal ofa Negatlre Declara-
Section 21 43 110, of the Carlsbad Municipal Code to establish speci fic time limitatlons for the Adult Entertainment Permit review pro
theCityCounrilofthe Cit) ofCarls
the City Council Chambers 1200
23 tion and an amendment to Titli~21
cess and to change references in the code to reflect staff titles cur rently in use If you have dny questions regard ingthis matter please call Don Neu in the Planning Department at 438
1161, ext 4446 If you challenge the Zone Code Amendment in court, you may be limited to ralslng only those issues raised b) you or someone else at the public hearlng described in this notice, or in written correspond ence delivered to the City of Carls Dad, City Clerks Office at or prior
Applicant City of Carlsbad CARLSBAD CITY COCNCIL
I certify under penalty of
foregoing is true and con
Carlsbad, County of San
to the public hearing California on the
3 6814 April23,1992 day of Apr i 1
d.pm Dl@!
I W
1. @
.,
NOTIICE OF PUBLIC HEARING
ZCA 91-8
ADULT ENTERTAINMENT PERMIT REVIEW PROCESS
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will I
a public hearing at the City Council Chambers, 1200 Carlsbad Village Di
Carlsbad, California, at 6:OO P.M., on Tuesday, May 5, 1992, to conside
request for approval of a Negative Declaration, and an amendment to Title Section 21.43.110, of the Carlsbad Municipal Code to establish specific
limitations for the Adult Entertainment Permit review process and to ch references in the code to reflect staff titles currently in use,
If you have any questions regarding this matter, please call Don Neu in P1 anni ng Department, at 438- 1161, ext. 4446.
If you challenge the Zone Code Amendment in court, you may be limited to rai only those issues raised by you or someone else at the public hearing descr in this notice, or in written correspondence delivered to the City of Carl
City Clerk's Office at or prior to the public hearing.
APPLICANT: City of Carlsbad PUBLISH: April 23, 1992 CARLSBAD CITY COUNCIL
b - a. m NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly
Avenue), Carlsbad, California, at 6:OO p.m. on Wednesday, March 4, 1992, to consic
request for recommendation of approval of a Negative Declaration, and an amendmei
Section 21.43.110 of Title 21 of the Carlsbad Municipal Code to establish specific
limitations for the Adult Entertainment Permit review process and to change referenci
the code to reflect staff titles currently in use.
Those persons wishing to speak on this proposal are cordially invited to attend the pi
hearing. Copies of the staff report will be available on and after February 26, 1992. If
have any questions, please call Don Neu in the Planning Department at 438-1161,
4446.
If you challenge the Zone Code Amendment in court, you may be limited to raising
those issues you or someone else raised at the public hearing described in this notice
written correspondence delivered to the City of Carlsbad at or prior to the public hea
CASE FILE: ZCA 91-8
CASE NAME: CITY OF CARLSBAD
PUBLISH: FEBRUARY 20, 1992
CITY OF CARLSBAD
PLANNING COMMISSION
DN:km
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RESOLUTION NO. 92-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, SECTION
21.43.110, TO ESTABLISH SPECIFIC TIME LIMITATIONS FOR THE ADULT ENTERTAINMENT PERMIT REVIEW PROCESS
AND TO CHANGE REFERENCE IN THE CODE TO REFLECT
CASE NAME: TIME LIMITATIONS FOR THE ADULT
CASE NO: ZCA 91-8
I I STAFF TITLES CURRENTLY IN USE.
~ I ENTERTAINMENT PERMIT REVIEW PROCESS
7 WHEREAS, pursuant to the provisions of the Municipal
8
duly noticed public hearing as prescribed by law to consider 9
Code, the Planning Commission did, on March 4, 1992, hold a
10 said request; and
11 WHEREAS, at said public hearing, upon hearing and
12
Commission considered all factors relating to the Negative 15
considering any written comments received, the Planning 14
study, analyzing the information submitted by staff, and 13
considering all testimony and arguments, examining the initial
Declaration: and 16
17
2. That the findings and conditions of the Planning 20
! 1. That the above recitations are true and correct. 19
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
18 Council of the City of Carlsbad as follows:
21
25
is hereby approved. 24
City Council in this matter and that the Negative Declaration 23
incorporated herein by reference constitute the findings of the 22
Commission Resolution No. 3362, on file with the City Clerk and
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PASSED, APPROVED AND ADOPTED at a regular meetinc
the City Council of the City of Carlsbad, California, on t
5th day of MAY , 1992, by the following vote
wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton,
NOES: None
ABSENT: None
ATTEST:
7
’ f&b 2 :uzL--,
ALETHA L. RAUTENKRANZ, City Qlerk
(SEAL) -
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