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Home My WebLink About1999-12-07; City Council; 15519; Appeal For Type 20 Liquor License By Chevron- CITY OF CARLSBAD - AGENDA trrLL AB# 15,519 TITLE: APPEAL OF POLICE DEPARTMENT DENIAL FOR A MTG. 12/07/99 TYPE 20 LIQUOR LICENSE BY CHEVRON, INC. DEPT. POL CITYATTY. q CITY MGR. m RECOMMENDED ACTION: That City Council adopt Resolution No. gg-51denying the Appeal of Chevron, Inc., regarding the Police Department’s Denial of Determination of Public Convenience or Necessity for a type 20 license for the Chevron Station at 970 Tamarack Avenue, Carlsbad. ITEM EXPLANATION: Council Resolution No. 95-86 gives an applicant the right to appeal the Police Department’s determination to deny an application for an alcoholic beverage license based on lack of public convenience or necessity, when the state Department of Alcohol Beverage Control has determined that there is an over-concentration of licenses. Chevron, Inc. applied for a type 20 off-site sale beer and wine license to the state Department of Alcohol Beverage Control for the Chevron Station located at 970 Tamarack Avenue, Carlsbad, California per state regulation, the Police Department was notified of the application and advised of the following information: 1. The Chevron station in question is located within census tract 178.83 which permits five off-sale licenses. 2. Five off-sale licenses have already been issued within this census tract. 3. Per the Business and Professions Code Section 23958.4 the City (and by delegation in Council Resolution No. 95-86, the Police Department, subject to appeal to Council) has the right to finally approve or deny the issuance of the license because of an over-concentration of this type of license in this census tract, based on lack of public convenience or necessity. The Chevron Station is bounded on the east by St. Patrick’s Church and on the north by St. Patrick’s school, with the First Baptist Church and pre-school just north of St. Patrick’s School. All of these parties were very much opposed to the issuance of this license. Detective Patrick Preston conducted a survey of local businesses and residents to seek their input. He contacted 13 residents/businesses within close proximity of the proposed site and found 10 of the 13 to be opposed (see Exhibit 2). According to some of those interviewed, there is already an existing problem of transients loitering in the area and they feel that allowing the purchase of alcohol at the Chevron Station would only serve to encourage the transients to loiter closer to the schools and churches. Given this information, the Police Department denied the license on the basis that there are already the allowable number of licenses within the tract, and three of these off-sale facilities are located directly across Tamarack Avenue from the Chevron Station. The Police Department could see no beneficial purpose to the community, and the appellant has provided no information or other competent evidence that public convenience or necessity will be served by issuance of the license. FISCAL IMPACT: Denial of the appeal would result in the possible loss of sales tax from the proposed sale of beer and wine. Granting the appeal and approving the permit could result in greater police resources being expended in this area. I Page Two Agenda Bill No. 15,519 ENVIRONMENTAL IMPACT: Denial of project is exempt from CEQA. No determination has been made whether there would be environmental effects if the license were granted. ABC is the lead agency, the City would be a “responsible agency” if approval were considered. EXHIBITS TO AGENDA BILL: 1. Council Resolution No. 99-512 2. Letter from ABC InvestigatorSabin 3. Results of Survey conducted by Detective Patrick Preston 4. Council Resolution No. 95-86 & AB’+13,094. !$. Copy of Appeal from Solomon, saltsman & Jamieson Chevron Station, Inc. 3 I CA ,LlfORNIA From the Desk of James M. Sabins Investigator II Exhibit No. 2 Department of Alcoholic Beverage Control 334 Via Vera Cruz, Ste. 204 San Marcos, CA: 92069 3 Carlsbad Police Dept. Det. Pat Preston - Investigations Div. 2560 Orion Way Carlsbad, Ca. 92008 Date: 9-l-99 Re: New type 20 Off Sale beer & wine license at Chevron Stations, Inc., 970 Tamarack Rd. Carlsbad, Ca. 92008 Dear Det. Preston, Applicant plans to sell beer and wine off sale to its patrons in a convenience market at the above listed Chevron gas station; Refer to ABC-253 & ABC-257 diagrams attached. Premises is located in census tract 178.03, which permits 5 off sale licenses and 5 now exist. If this license were to issue, the census tract would be over-concentrated with ABC off sale licenses. Premises is located in Beat # 43, which is low in crime per Sect. 23958.4; stats attached. Sect. 23958.4 B&P applies because of the over-concentration of ABC licenses. I feel that conditions are necessary if we approve the license, since Sect. 23958.4 B&P applies. After we draft appropriate conditions, Carlsbad P.D. can decide whether or not to approve the “Public Convenience or Necessity” per Sect. 23958.4; form attached. Please review this matter, and determine whether or not Carlsbad Police Dept. plans to protest the license. The application was taken on 8-24-99. Carlsbad Police Dept. has 30 days in which to protest the license from 8-24-99. Please advise me of your decision. Sincerely, , . \ mm State of. California LGpartment of Alcoholic Beverage ( APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 21 I (6199) TO: Department of Alcoholic Beverage Control 334 Via Vera Cruz, STE 204 San Marcos, CA 92069 File Number: 357838 Receipt Number: 1247668 Geographical Code: 3701 Copies Mailed Date: August 24, 1999 Issued Date: DISTRICT SERVING LOCATION: SAN MARCOS First Owner: CHEVRON STATIONS WC Name of Business: CHEVRON STATION #93320 Location of Business: 970 TAMARACK RD CARLSBAD, CA 92009 County: SAN DIEGO Is premise inside city limits? Yes Mailing Address: 660 AMERICAN AVE STE 200 (If different from KING OF PRUSSIA, PA 19406 premise address) Type of license(s): 20 Transferor’s license/name: I Dropping Partner: Yes No - License Tvoe Transaction Tvne Fee Type Master Duo Fee 20 OFF-SALE BEER ANC ORIGINAL FEES NA Y 0 08/24/99 $100.00 20 OFF-SALE BEER ANT ANNUAL FEE NA Y 0 08/24/99 $34.00 Total $134.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? Yes Explain any ‘Yes” answer IO the above questions on an attachment which shall be deemed pan of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualificarions of a licensee. and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN DIEGO Date: August 24. 1999 Under penrlry of perjury. each perscn whose signazure appears below. certifies and says: (I) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation. named in the foregoing application. duly authorizcd to make this application on its behalf: (21 that he hns read the foregoIng and knows the contents thereof and that each of the above statements therein made are true: (3) that no person other than the applicant or applicants has any direcr or indirect interest in the applicant or applicant’s business to be conducted under the licennets, for which this application is made: (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an’ agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdruwn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) CHEVRON STATIONS INC ’ Attached: ABC-211 Sig . * ,. - I q t -. / \ \ i . .- ,.i SUPPLEMENTAL DIAGRAM - -- I.Fiunmw(uckL~ 3.lv?c~urnse-KIR Chevron Stations, Inc. 20 LRuMsEs-nou~~RlPR~klC04CW - c-QorzR* 970 Tamarackw, Carlsbad, CA 92009 Pi0 Pica Drive Thediagrambeknw isatNeandcorrectdesaiptiondthepropertyownedorotheFwisecontrdl%dby~uson~theRcensedpremises delicribedonFonnABC257islocatsdoronwhichanerentforadaily typelicense,catecingauthorizationMmiscellsneoususewillocarr. DIAGRAM . . . . . .._......-. sB----mD . . . . . . . . . . . - . - . . . _ . . . . . . . _ . . _ . . . . . . . . . . . - Kznzm’ - . . . . . . _ _ . . . . . - . - _ . . . - _ . . . . . . . . . . . . . . . . . -..a.- . . _ . . . . . . . . . . . _ . . . . . . . . _ . . . . . . . . . - . _ _ . . . _ . . . . _ . _ . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . &..& x’ dd.6F.DtiddAh; Phse read carefully and rign below. - . . .._................_ . . . . . .a& : : : : : : : : : : : : :$W: : : : : Y-7:’ . . -. . . . _ . - _ . :. . . . SENTERING -- TIONWHERETHEEVENTISHELD. jtishacbydecluedthrttheIbove-daaikdpropayisownedor#hemisecocllrolkdbymelusraditL~rad~ th8ttIWOlllY~ ‘therein in which akoholic bcvenges till be soI& sWve4 ConSumed, po5sascb 01 stored is that poftiua &sigDubd above 8ad& on Fotm ABC-29 uthcL.iansedprmisek If this is u) event for 8 ddy ii- cataing autboriz8tion 01 miscellaneous m it is u&Mood ttUt s8ler 8nd consumptioaofakoholicbcvcr8gcs wiiibeconfiDedromuer~~i~tbedirlCrrm~~isedu,~renlv~~oclrdthe Alcdhulic BcvaageControlAa. Ibccl~underpmrltyofpaj~thrttbefacgoingistruemdawrrct - A * .-. F-- ;.;. &&, _ . DjAGRAv y;OF LICENSED PREMISES : MP-ENTOF STAR CP cAtlPmMA 4At+alcBE~coNrRK * .; :. : . ‘r,, _-i ),I ; -.. ! ; i (. FuAtuMataaa~~ . ‘I’ * ,( .:~...i -- 2lwEoP~~. . . . . . . ,.... Chevron Stations Inc. P-12 El Monte #20-204391 ., 20 I 2 LPPtDI1sEs hDOSS!3~L~ci(y.Zbl 4.NMmstcfoa8slnw .970 Tamarack #?‘@L Ca&bad, CA 92009 Plo Pica Drive m ahgun below is a hs and correct description d lb Wancu, exits, intafiot walls md ertefiof boundvhr d Ihr plamircr to be Ii- z I ,,AGRAM ............ :. ................................................... _...~..................................-.............~~ ................ __.............-.........-.-........._............._.-............_.... ... : ............................... . . ............ “Iqq.. .:. .................... ................................. 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I -I . . . . . . . . . _ . . . . ..____..................-....~...-..-~...-........-..-.......-..~... ...................................................................... ...................................................................... ...................................................................... ...................................................................... ...................................................................... ...................................................................... ................................................................. . ..... ...................................................................... ...................................................................... ............ - . . . . . . . . .......... . . . . . . . . . . _ . . _ . . . _ _ . . . . . . . . ............ - . . . _ _ . . _ .......... . . . - . . . . . . . . . . . . _ . . . . . . . . . . ............ . . - . . . . . _ .......... . . . . . . _ . . _ . . . . . . - . . . . . . _ _ . . . _ . . . . . . . . f - . . . .......... ......... . . . . . . - . . . . . .__.._-.._._ . . . ...... .......... ......... . . ..-.. . . . . . ..-... i . . . . . . . . .._ . . . . ...... .......... ......... . . . . . . . . . . . . . . . . . . . . . . . _ . . . . _ . . . . ...... .......... ......... . . . . . . . . . . . - . . _ . _ . . _ _ . . . . . . . . . . . . . . . . . . . . . _ . . . - . . _ . . . . . . . _ . - . . . . : - . . . . . . . . . . . . . . _ . . . . _ . . - . _ . . . _ . . . . . . . - . . . . . . . . - . . . . . . . . . . . - . . ‘I ..- PIeare read carefully and sign below. II is hereby declared that the above-described boundaries, cntmnces and planned operation as indicated m the reverse side, will no. be changed with&t jirst notifying and securing prio; written approval of the Lkpartment of Alcoholic Beverage Control. I deckwe under penufty of petjury that the foregoing is true ad correct. 6.Dhl.E Exhibit No. 3 10-01-99 To: Captain Metcalf From: Detective Preston Re: Chevron Stations Inc. As a result of the appeal that Chevron has filed with the City Council, I have been in contact with the following listed individuals regarding the issuance of the type 20 license (off-sale) to the establishment. Thirteen of the sixteen contacts were opposed to the issuance of the license for the Chevron Station located at 970 Tamarack Avenue, Carlsbad, California. Ronald Estes 3725 Adams Street, Carlsbad, California (Did want to be identified) Adams Street, Carlsbad, California Carl Schmidt Deborah Schmidt 3880 Adams Street, Carlsbad, California Michael Doak Eileen Doak 3890 Adams Street, Carlsbad, California Vincent Eguiguren 39 10 Adams Street, Carlsbad, California Kimberly Macpherson 3920 Adams Street, Carlsbad, California St. Patrick’s Church Father Steven McCall 3821 Adams Street, Carlsbad, California John Hook 1125 Larkspur Lane, Carlsbad, California Village Pie Shop Annette Bradley/Manager 950 Tamarack Avenue, Carlsbad, California Jay Kueny ’ Barbara Kueny 1130 Tamarack Avenue, Carlsbad, California 1 Opposed Not opposed Opposed Opposed Not opposed Opposed Opposed Opposed Opposed Opposed Not Opposed Opposed Opposed - - First Baptist Church Cyndi Jarvie/Administrator 3780 Pio Pica Drive, Carlsbad, California Christian Pre-School Joann Anaya/Administrator 3780 Pio Pica Drive, Carlsbad, California St. Patrick’s School Jean Panno/Principal 3820 Pio Pica Drive, Carlsbad, California P. Preston #5 182 Carlsbad Police Department 10-01-99 Opposed Opposed Opposed 2 4 . ‘. Q-,5-99; z:2oPwI; :619 4348367 * 2,. 5 * . I3 B % % Exhibit No. 4 Cl- OF CARLSBAD - AGEP.4 BILL PuF&IccWvRNIRNcRANDNRcESSITY FOR ALCOROLIC BRVRRASE LICENSING cfrnmJW- DEPT. ,ciTYm, RECOWENDED ACI’ICN Adopt Resolution No. cis-% delegating the City CouncilOs authority to determine publio convenience and necessity for certain alcoholic beverage licensing to the Police Department. The State Legi8lature ekmated Business and Professions Code section 23958.4, errective Jemmry 1, 1995, authoriring, in part, the City to determine whether an application for *liquor to go n businesses, bars and public premises should be approvedbasadon public wnvenienoe and necessity notwithstanding a determination that there is an undue concentration of liquor licenses in the area. Once the Department of Alcoholic Beverage Control (ARC) has made a determination that there is an undue concentration of alcohol beverage licenses in an area, the application will beforwarded to the City for the City's determination of public cxommnienae or necmssity. If the determinatfon is negative, ADC mu& deny the license. Several factors for the City to consider in raking a determination include incidance of eriw in neighborhood end ratio of off-sale. licenses to population in the area. The.City Council is authorised to delegate its authority to determine public convenience end necessity to City board, englfmev or departneat. The Departmmt of- Alcoholic Beverage Control is requesting notification of any delegation by April 8, 1995. The propwed resolution delegates the authority to the Police Dqartment. The Police Department has the ability and the resouxces to best determine incidence of crime and the effeot of an undue concentration of liquor stores and/or bars. Upon dele&tion, the Police Department will make d determination of whether the application for a license meets public convenience and necessity. The applicant will be notified in writing of the determination and will be afforded the opportunity to appeal to the City Council within 10 days of writtan notice. Upm final deteruination, the applicant and ABC will be notified of the approval or denial. Thereafter, the ABC will be bound by the City's determination of public convenience and neoeksity, subject to certain other factors, if the City's determination is positive. FISCAL IMPACT The City currently does not make a determination for alcoholic licenses. The fiscal impact is unknown at this time. 6: h . Q-95-99: 2:20PM: 11 No. i8°qy :6r9 4348367 * 3; 5 Reso.lUtiOn No. ~s-&Q A letter to the City Council from the Departxent 3.. of Alcoholic Beverage Contml dated March 8, 1995. Business and ProfessiOns Code section 23958.4. Page 2 . Q-r5-99; 2:20PM; ~619 4348307 x 4,. 5 i a 9 la 11 12 S,n -- 3 1 is- l3 B ii !a 14 4 Q! 15 . 8 18 I= (i Ei s I? 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-86 A REsoKJT1on'0? TEB CITY COUNCIL OF THE CITY CARLSBAD, CALIFORNIA, DBLBGATING TEE CITY’S ADTHORITYTODET~NEPUBUC CO23vmfIBlvcEmD NECESSITY POR ALCMOLIC BBVBRAGB LICENSING lfBBRWU, the State Legislature in 1994, enacted Business end Profeaoions code section 23958.4, authorising Um city to determine whether an alcoholic beverage application meets public convenience and necesrrity notiith8tanding a determination of an Undue concentration of licenuer, and WHEREAS, -the city Council ray de1egete the dutiee of detetrination to a board, individual, ox department; and WHEREAS, the ,determinetion of.whether an application . meets.public convenience and neCesr5ty is based on, among other thingo, crime stetietics and the ratio of licenses to population in the ard; and NNERBAS, the City Council find8 that the Police Deprtment has: the ability end resources to determine incidence of crime and the effect of undue co*entration of liquor stores end/or baru. NOW, THBBBFORB, BE IT R.BSOLWD by the city council of . the City of Carlsbad, California, as follows: 1. That the above recitation8 are true and correct. 2. That the Police Department is authorised to determine whether an application. for a alcoholic beverage license should be approved based on public convenience and necessity notwithstanding a determination that there is an undue concentration of licenses. The police Department mhall provide ABC and the Applicant with written Notice of Deternination~ 1 - - 9-r5-99: 2!20PM; :l3rs 4338367 * 5,’ 2 3 4 5 6 7 8 9 10 11 78 24 3. That Applicant say appeal t&e Police Depwtment's deter&atiOn to the City Council by filing a written appeal with the City Cferk wit&in 10 day8 of aailing of notice. 4. That thk City Council will send Applicant and Department of Alcoholic Beverage and Control Notice of the City Council final determination. 5. That Department of Alaoholic Beverage end Centre1 will be bound by the City'8 d8CisiOn in those cases authorizti . by Bu&mss and Profearions Code eection 23958.4, PASSED,AI?PROVBD, ANDADOPTEDataRegularNeetingof the City Council of the City of Cerlsbad, California, on the 4th day of APRIL , 1995, by the follolwing vote, to wit: AYES: COW&~ Members Lewis, Rygnard, lwchin, Bin&la, -11 NOBS: Ilone ABsBNTr None ATTBST: 2 5 - . . 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk DATE: Mitp af Qkrlsbnti September 24, 1999 EXHIBIT 5 TELEPHONE (619) 434-2808 TO: PROM: Rich Rudolph, Assistant City :Attorney James Hawks, Police Captain Lorraine Wood, Deputy City Clerk RE: Anneal received g/24/99 from Solomon, SaltSman & Jamieson Chevron Station, Inc., 970 Tamarack Road, Carlsbad, CA Appeal to the City Council Re: Denial of Determination of PublFc Convenience or Necessity for the Type 20 License. THE ABOVE ITEM HAS BEEN ApPEALED TO THE CI'J'~ COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. . The appeal of the above matter should be scheduled for the City Council Meeting of . Signature Date - LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON A Partnership Including Professional Corporations 426 CULVER BOULEVARD PLAYA DEL REY. CA 90293 (310) 622-9848 FAX (310) 822-3512 September 23, 1999 VIA OVERNIGHT MAIL City of Carlsbad City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attention: Karen Kundtz Re: Chevron Station, Inc., 970 Tamarack Road, Carlsbad, California 92008 Appeal to The City Council Re: Denial of Determination of Public Convenience or Necessity for the Type 20 License Dear City Clerk and Ms. Kundtz: I would like to thank Ms. Kundtz for helping me out with the questions I had regarding the appeal process. Our office represents the Chevron Station located at 970 Tamarack Street, Carlsbad, California 92008. We hereby appeal to the City Council the September 17, 1999 determination of the Chief of Police that public convenience or necessity would not be served by the issuance of Type 20 license to the above-mentioned Chevron Station. The basis for the Appeal is that the decision is contrary to the facts and the law. Note: Chevron relied upon this issuance of the use permit in this matter which allowed beer and wine. ‘To not allow beer and wine at this location will result in severe economic damages to my client. I was informed by Ms. Kundtz that this Notice of Appeal has to be received by you before 5:00 p.m. September 27, 1999. Enclosed also, pursuant to Ms. Kundtz instructions, is a check for $120.00 made out to the City of Carlsbad for the appeal. h - City of Carlsbad September 23, 1999 Page 2 Because we have been recently retained in this matter I would like to request that the hearing before the City Council be set four to six weeks from the date of receipt of this letter. This will give our office opportunity to clear the calendar and to insure that we are available on that date. Sincerely, SOLOMON, SALTSMAN & JAMIESON JOSEPH R. BU Enclosure cc: Brenda Ceballos Mike Brewer C h L wwuowwnwwv-~m cr G 0 In .Lll 0 2 CA! ff G 0 fu n4 m-8 %I? . I . r N 0 ul 4 ? =: \q * . - 12: @ $/& @ %i 45 - - DkL-kr/-1YYY 11:4u - r.txfbx I @ Chevron Southwest Development FAX COVER SHEET DATE: December 7,1999 TO: Cindee Hollingsworth TIME: 11:36AM PHONE: 1760) 434-2821 FAX: (760) 720-9461 FROM: Rod Lucia PHONE; (562) 694-7257 Chevron Products Co. FAX: (562) 694-7723 RE: CONTINUANCE CHEVRON TYPE 20 LICENSE - APPEAL fi&L*1Lt Number of pages including cover sheet: 2 For the Information of the: Message: Per our discussion. DatelaLf City Mamge t DEC-07-1999 11:49 - . . December 7, 1999 - @ Chevron Chevron Products Company Southwen Development 1300 South Beach Boulevard La Habra, CA 90632-2833 Phone 562 694 7300 Mr. Ray Parchett, City Manager City of Carlsbad 1200 Carl&ad Village Drive Carlsbad, CA 92008 Re: Request for Continuance - Appeal of Resolution 99412 Type 20 License for Chevron Corporation Dear Mr. Patchett, This letter shall serve as formal notice of Chevron Corporation’s request to continue the I referenced appeal for ninety (90) days. T have recently been installed as the Chevron Community Relations Representative for San Diego County and became aware of our efforts in this matter on Thursday 12/2/99. Chevron has directed me to focus high attention on this matter before the Carlsbad City Council. I will need some time to visit and meet with local Homeowner’s Associations, schools, churches, police officials, and city staff. Chevron has a strong track record in the secure sales and handling of alcoholic beverages. We request on opportunity to answer our neighbor’s questions about our business operation. Thank you for your consideration. Sincerely, +tf@Tef * d / Rodney P. Lucia ’ Community Relations TOTAL P. 02 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 RESOLUTION NO. 99-512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF CHEVRON, INC. FOR A TYPE 20 LICENSE WHEREAS, Chevron, Inc. has applied to the State of California Department of Alcohol Beverage Control for a Type 20 off-sale beer and wine license for their station at 970 Tamarack Avenue located within tract 178.83; and WHEREAS, ABC has determined issuance of this permit is an undue concentration of such licenses; and WHEREAS, the Police Department reviewed the application and determined that per Business and Professions Code section 23958.4, and by delegation in Council Resolution No. 95-86, the City has the right to determine whether or not the public convenience or necessity would be served by the issuance of a permit in situations where there is an undue concentration of this type of license; and WHEREAS, Police Department investigation has determined that neighbors are opposed to an additional license in this area; that three existing licenses are directly across the street from the proposed site, there is a church, church school and public school within the area which uses are not compatible with an undue concentration of off-sale beer and wine licenses and the issuance of this license would exacerbate that situation; and that there is an existing problem with transients in the area which would be exacerbated by an additional license in close proximity to the three existing licenses and nearby churches and schools, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 4 . . : . I 4 ! f : I 5 1C 11 12 1: 11 1: 1C 17 1E 1E 2c 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That the appeal is denied based on lack of public convenience or necessity. 3. That the City Clerk is directed to advise ABC of the City’s action herein by forwarding a copy of this resolution upon execution by the Mayor. 4. The City Council’s action is referred back to the ABC pursuant to section 23958.4(b)(2) of the Business and Professions Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 7th day of DECEMBER 9 1999 by the following vote, to wit: AYES: Council Members Hall, Finnila, Nygaard ~~~s.Lewis, Kulchin ABSENT: None HA L.%mKR@J!Z City Clerk KAREN R. KUNDTZ, Assistant'City Clerk (SEAL) 5