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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 2 m a, u c cd C a .rl 0 M c\I I a Q) u a 3 0 Ll U c a 5 m c\I 4 hl m d g rl rn 2 u (d 4 -rf u TI I z *d u 3 0 a a, CL 0 a d 3 0 0 2 0 k- 0 a d 0 z 3 0 0 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 .. I 1 2 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 20 m 0 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 I. 2 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 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.'! 2 1 2 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 e 0 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 3 1 2 3 4 5 6 7 8 9 x0 e 0 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 11 12 13 14 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. 15 16 17 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 21 22 23 24 25 26 27 28 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. ..- ... 1 2 3 4 5 6 7 8 9 10 11 I.2 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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- a 0 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 * 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. , i e 0 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? - - -2- L 0 0 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? - - -3- 0 0 '. 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? - -4- e 0 1. 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 - 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? - - -5- 0 0 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 -6- - b 0 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). -7- w 0 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 -8- w 0 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 -9- B 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 0 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. ... ... ... t. 1 2 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 w 0 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- w 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 Proof of Publication 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 notice hereinafter referred notice of which the annex1 copy, has been published j and entire issue of said new in any supplement thereof 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 @ L /I W w 1 2 3 4 5 6 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 -.. 26 *e* 27 ... 28 0- f I 4 1 2 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 w 0 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) - ’ --. -2-