HomeMy WebLinkAbout1999-12-07; City Council; Resolution 99-512f II 0 0
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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
4 WHEREAS, Chevron, Inc. has applied to the State of Califi
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for their station at 970 Tamarack Avenue located within tract 178.83; and 6
Department of Alcohol Beverage Control for a Type 20 off-sale beer and wine lic
7 11 WHEREAS, ABC has determined issuance of this permit is an u
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9 concentration of such licenses; and
lo /I WHEREAS, the Police Department reviewed the application
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or not the public convenience or necessity would be served by the issuance of a p 13
delegation in Council Resolution No. 95-86, the City has the right to determine whl 12
determined that per Business and Professions Code section 23958.4, an(
in situations where there is an undue concentration of this type of license; and
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WHEREAS, Police Department investigation has determined
neighbors are opposed to an additional license in this area; that three existing lice
are directly across the street from the proposed site, there is a church, church sc
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exacerbate that situation; and that there is an existing problem with transients il 21
concentration of off-sale beer and wine licenses and the issuance of this license v 20
~ and public school within the area which uses are not compatible with an u
area which would be exacerbated by an additional license in close proximity tc
23 three existing licenses and nearby churches and schools,
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25 II NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
26 ll Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
2. That the appeal is denied based on lack of public convenienc
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4 3. That the City Clerk is directed to advise ABC of the City’s action hc
5 by forwarding a copy of this resolution upon execution by the Mayor.
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i3 /I 4. The City Council’s action is referred back to the ABC pursuar
7 11 section 23958.4(b)(2) of the Business and Professions Code.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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11 1999 by the following vote, to wit:
Council of the City of Carlsbad held on the 7th day of DECEMBER
I.2 I/ AYES: Council Members Hall, Finnila, Nygaard
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NOES: Lewis , Kulchin
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ABSENT: None
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(SEAL)
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