HomeMy WebLinkAbout1987-05-19; City Council; Resolution 90801
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RESOLUTION NO. 9080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL
AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF
A SPECIFIC PLAN AMENDMENT SP-27(A) TO ALLOW A
RETAIL LIQUOR STORE TO OPERATE IN GERICO'S
RESTAURANT.
APPLICANT: GERICO'S RESTAURANT
CASE NO.: SP-27(A)
WHEREAS, a verified application for a specific plan for
certain property to wit:
Lot 2, Tamarack Plaza, Map No. 5944
has been filed with the City of Carlsbad on March 4, 1987 and
referred to the Planning Commission; and
WHEREAS, the Planning Commission did on March 4, 1987
hold a duly noticed public hearing as proscribed by law to
consider said application so that Specific Plan SP-27(A) be
amended to allow the operation of a retail liquor store within
the existing Gerico's Restaurant; and
WHEREAS, the Planning Commission did on said day after
after hearing and considering all the evidence and testimony of
all people dessiring to be heard adopt Resolution No. 2644
denying Specific Plan SP-27(A); and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, the Planning Director has determined that this
project is exempt from environmental review per Section 15301
Class 1 existing structures;
WHEREAS, on May 5, 1987 the City Council of the City of
Carlsbad held a duly noticed public hearing as proscribeg by law
to consider said appeal and at said hearing after consideration
of all of the evidence, testimony, argument of those persons
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present and desiring to be heard the City Council directed the
City Attorney to prepare documents which would deny the appeal
and uphold the Planning Commission's decision; and
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 the findings of the Planning Commission in
Resolution No. 2644, attached as Exhibit A and made a part
hereof, constitute the findings of the City Council in this
matter.
C. That the appeal of the Planning Commission's denial
of SP-27(A) is hereby denied based upon the facts set out in the
Planning Department Staff Report dated March 4, 1987, the
evidence before the Planning Commission, the evidence as set
forth in City Council Agenda Bill No. 8987, and the testimony
before the City Council all of which are incorporated herein by
reference.
D, 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
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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."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 19th day of May , 1987 by the following
vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST :
-.
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PLANNING COMMISSION RESOLUTION NO. 2644
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DENIAL OF SPECIFIC PLAN AMENDMENT 27(A), FOR
GERICO'S RESTAURANT TO OPERATE A RETAIL LIQUOR
STORE WITHIN AN EXISTING RESTAURANT.
APPLICANT: GERICO'S RESTAURANT
CASE NO: SP-27 (A)
WHEREAS, a verified application for certain property, to
wit:
Lot 2, Tamarack Plaza, Map No. 5944,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 4th day of
March, 1987, hold a duly noticed public hearing as prescribed by
law, to consider said request: and
WHEREAS, at said public hearing, upon hearing and consider-
ing all testimony and arguments, if any, of all persons desiring tc
be heard, said Commission considered all factors relating to the
Specific Plan: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning COmmiS-
sion as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Commission recommends DENIAL of SP-27(A), based on the
following findings:
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Findings:
1.
2.
3.
4.
5.
The existing operation does not meet current parking
standards.
The proposed store would intensify the existing restaurant use
and require additional parking.
The location of the proposed liquor store facility could
attract freeway traffic, and could pose a threat to.the safety
of interstate traffic.
There are sufficient off-premises liquor sales existing in the
neighborhood, and adding additional ones would create unneeded
facilities which result in an intensification of unnecessary
uses in the neighborhood.
The conversion of the existing lobby would create additional
parking demands. It would eliminate needed waiting space for
patrons within the restaurant or require them to wait in the
liquor stose area.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 4th day of March, 1987, by the following vote, to wit:
AYES:
NOES:
ABSENT :
ABSTAIN:
I,
MARY MWRCUS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MTCHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 2644 -2-