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HomeMy WebLinkAbout1985-12-10; City Council; Resolution 8295I 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT CUP-277 TO SELL BEER/WINE AT CARLSBAD RACEWAY. APPLICANT: CALIFORNIA SPEEDWAY, INC. CASE NO.: CUP - 277 WHEREAS, a verified application for a conditional use permit for certain property to wit: The south half of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 18, Township 12 South, Range 3 West. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 23rd day of October, 1985 and on the 13th day of November, 1985 hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, the Planning Commission did on November 13, 1985 after said public hearings, deny the request for a conditional use permit; and WHEREAS, the Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated October 5, 1985 which was approved by the Planning Comission on November 13, 1985 in satisfaction of the requirements of the Carlsbad Environmental Protection Ordinance and the California Environmental Quality Act; and 1 2 3 4 5 6 7 a 9 10 2.1 12 t 0 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, on November 26, 1985 the City Council of the City of Carlsbad held a duly noticed public hearing as prescribe( by law to consider said appeal and at said hearing after consideration of all the evidence, testimony, argument of those persons present and desiring to be heard the City Council determined to deny the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct B. That based on the evidence presented at the public hearing the City Council denies the applicant's appeal and upholds the Planning Commision's decision to deny Conditional USC Permit CUP-277, based on the findings as shown in Planning Commission Resolution No. 2585 attached hereto as Exhibit A and made a part hereof, with the following additional findgins: FINDINGS: 1. The applicant has not submitted any evidence or arguments indicating a reason why the permit should be approved. The ongoing operation is being conducted without selling alcohol. There is no reason why it cannot continue on that basis. 2. Although limited alcoholic beverage sales are allowed at raceway events conducted in the daytime the City Council is not prepared to extend that permission to events which are conducted at night. There has been a substantial increase in the number of accidents on Palomar Airport Road resulting in claims and lawsuits seeking to hold the City of Carlsbad responsible. The City Council has determined that it would be contrary to the public interest to do anything to make the existing situation in the raceway area worse. Because the City Council is satisfied that the Planning Commission has correctly determined that the sale of alcohol would increase the risks of additional traffic accidents this conditional use permit must be denied. 20 21 22 23 24 25 26 27 28 C. This action of denial is final the date this resolution is adopted by the City Council. The provision of Chapter 1 . 16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008. I' PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 10th day of December , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None I MARY H. PSLER, Mayor ATTEST : l5ik75LB /& ALETHA L. RAUTENKRANZ, City - 3- 1 2 3 4 5 6 7 E s 1c I1 12 1: 1L l! 1E 17 1E 1: 2( 21 2: 2; 21 21 2( 2' 21 PLANNING COMMISSION RESOLUTION NO. 2505 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO SELL BEER AND WINE COOLERS AT SUNDAY EVENING EVENTS FROM MARCH THROUGH NOVEMBER AT CARLSBAD RACEWAY ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD. APPLICANT: CALIFORNIA SPEEDWAY, INC. CASE NO: CUP-277 WHEREAS, a verified application has been filed with the ity of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request s provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, r he Planning Commission did, on the 23rd day of October, 1985 and n November 13, 1985, hold a duly noticed public hearing to . onsider said application on property described as: The south half of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 18, Township 12 South, Range 3 West., WHEREAS, at said hearing, upon hearing and considering all estimony and arguments, if any, of all persons desiring to be eard, said Commission considered all factors relating to CUP-277. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ommission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES CUP-277, based on the following findings: ind ing s : ) The sale of beer and wine coolers at Sunday evening events could increase the number of people who become intoxicated at these events contributing to security problems. /// ) The sale of beer and wine coolers at Sunday evening events could jeopardize public safety, especially drivers on Palomar Airport Road, when spectators leave the raceway after the event. PASSED, APPROVED AND ADOPTED at a regular meeting of the lanning Commission of the City of Carlsbad, California, held on he 13th day of November, 1985, by the following vote, to 25 26 it: AYES: I NOES : ABSENT: ABSTAIN : Chairman Schlehuber, Commissioners: L'Heureux, Marcus, Smith, Holmes and Hall. Commissioner McFadden. None None. r LO& CLARENCE SCHLE UBER, Chairman CARLSBAD PLANNING COMMISSION ITTEST: &AW~ vlICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER RES0 NO 2505 -2-