Loading...
HomeMy WebLinkAbout1984-12-04; City Council; Resolution 78354 1 2 3 4 E U E 7 E < 1( 1: 1: 1: 11 1, 11 1 1 1 2 2 2 2 2 2 2 2 2 WHEREAS, pursuant to a timely appeal filed by the permittee, Woolworth's, the City Council did, on November 20, 1984, hold a duly noticed public hearing to consider said appeal at which the Council took testimony from all persons desiring to be heard. e. <-. -. ~ RESOLUTION NO. 7835 I EFFECT CUP- 2 3 WHEREZbS, by the adoptio of Planning Commission Resolution No. 2176 approved a con itional use permit (CUP-234 - Woolworth) to allow SUBJECT TO ADDITIONAL CONDITIONS. 4 - WOOLWORTH. the Planning Commission on September 14, 1983 the conversion of an existing cafeteria into a video arcade on a finding that detrimental property generrslly located on the lower level of Plaza Camino the arcade business was having a significant effect on surrounding business; and Real (Woolwort 's store) subject to certain conditions. The resolution, ma ked Exhibit "A" is attached hereto and made a part of this resolution; and WHERE S, condition number 4 of Resolution No. 2176 provided for a or not the use was having a siqnificant detrimental impact on the surrounding bu i inesses; and annual review of the permit to determine whether WHERE S, in response to complaints from the surrounding businesses the A Planning Commission did, on October 24, 1984, hold a duly noticedi public hearing to consider the matter; and S, the Planning Commission on said date adopted 2376 revoking the conditional use permit based on 4 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 1t 1: 1E 1s 2( 21 2: 2: 21 2f 2t 2' 24 BE IT RESOLVED by the City Council of as follows: are true and correct. 2. T4at based on the record before the Planning Commission and the evidence presented at the public hearing, the City Council h s determined to grant the appeal and to allow the video arcade at the Woolworth store to continue pursuant to Conditional w use Permit - 234 as originally approved by Planning Commission Resolution No. 2176 and subject to the appellant Is codpliance with the additional conditions of approval contained in tdis resolution for the following reasons: FINDINGS: ~ 1. 2. 3. There was ubstantial evidence introduced at the hearing that the v deo arcade business as presently configured and operated h s caused problems in the mall both the surroundin businesses and the shoppers which could be determined to constitute a significant detrimental effect on the surrou ding businesses and justify revocation of the permit. ! the hearing the appellant suggested a series of conditions to be imposed on the operation which ined would minimize the problem while allowing s to continue in operation. uncil has determined to grant the appeal and amend use permit to add these conditions and to day trial period at the conclusion of which will again review the matter to determine if solved by the additional conditions and action on the part of the City of the permit will be required. 3. Cbnditional Use Permit - 234 - Woolworth's, as 2. of 9 .., ," -. 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 CONDITI 0 NS : - 1. 2. 3. 4. 5. 6. 7. The video i 1984 but mz The F. W. P the arcade session. The managen will provic Police Depi activity ir making citi court as a If, in the exist at ar they shall of two hour The operatc report to t The operatc shirts" rul When the vi basis for E period the use permit identified additional again revie they consid Resolution conditions Council fin PASSED Carlsbad City C 1984 by the fol AYES : NOES : ABSENT ATTEST : tpp MUTE 0 :cade will be closed for the month of December 7 reopen on January 2, 1985. )olworth company will provide private security for iuring the hours it is open when school is not in !nt of Woolworth's and the operators of the arcade ! that the private security will call the Carlsbad tment upon the observance of any criminal the vicinity of the arcade and will cooperate in :ens arrests, signing complaints, or testifying in ritness. iudgment of the Police Department, a problem does particular time in connection with the arcade lave authority to close the arcade for a minimum 1. 's of the arcade will make a monthly security le Chief of Police. 's of the arcade will enforce a strict "shoes and eo arcade reopens it shall operate on a trial period of 120 days. At the conclusion of that 'ity Council shall again review the conditional .o determine whether or not the problems it the public hearing have been solved by the londitions of approval. Council may at that time I the permit and make any determinations as r necessary under condition number 4 of 0. 2176 including the imposition of additional lr the revocation of the permit if the City s that is necessary in the public interest. APPROVED AND ADOPTED at a regular meeting of the uncil, held on the 4th day of December owing vote, to wit: huncil J!kmkrs Casler, Lewis and Chick Council bbrbers Kulchin and Pettine CASLER, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 ARE CAR1 TO 1 VIDE LEVE CAhl APPI CAS1 WHEI - City of Carl: WHEI as provided I WHEI the Planning hold a duly 1 property desi Tho: sit1 Sec Mer Euc Die' WHE 191 testimony an heard, said 20 I NOW 21 /I z2I' Commission o (B) That bas 24 /I and sub] I Commissi 25 j/ 2611 //// 271' ///I 2ai; //// I /I JINC- COMMISSICN RESOLUTION NO. 2176 SOLUTION SBAD, CALIFOFNIA, APPROVING A CONDITIONAL USE PER LLOW A CONVERSION OF AN EXISTING CAFETERIA INTO A L OF PLAZA CAMINO REAL ANC ADDRESSEC AS 2525 EL SO REAL ICANT : WOOLWORTH EAS, a verified application has been filed with the OF THF PLANNING COMMISSION OF THE CITY OF ) ARCADE ON PROPERTY GENERALLY LOCATED AT THE LOWER NO : CUP-2 3 4 bad and referred to the Planning Commission: and EAS, said verified application constitutes a request y Title 21 of the Carlsbad Municipal Code; and EAS, pursuant to the provisions of the Municipal Code Commission did, on the 14th day of September, 1983, oticed public hearina to consider said application on 0 ribed as: e portions of C and D lying within a parcel of land ate in the City of Carlsbad, being a portion of ion 31 Township 11 south, Range 4 west San Bern7rc .io dian and portions of Lots 19, 20 and 33 and of lyptus Street according to Map 1136 filed in San o County, .EAS, at said hearinu, upon hearipg and considering a1 i arguments, if any, of all persons desirina to be 'omission considered all factors relatina to CUP-234. THEREFORE, BE IT HEREBY RESOLVED by the Planning I the City of Carlsbad as follows: foregoing recitations are true and correct. rd on the evidence presented at the public hearing, )n APPROVES CCP-234, based on the following findings ?ct to the following conditions: th EX~IBIT A> 1 2 3 4 5 6 7 a 9 10 11 12 13 ? ind ing s : I) That the and other or additi will be u 2) The stree project i 3) The appli an approp Performan this body concurren 5) This prc impacts by the L approved Zond it ions : Approval dated Se file in occur si cond it ic This cor Company the buil Any signs conf orman( requiremer require rc prior to This co1 years . Land Us$ all con' does no ing pro use Pla signif i the Pla opportu the sig at any use has uses an imposed ,te for the intended use is adequate in size, shape leatures to accommodate the use No physical changes IS to the building are proposed and existing parking Llized. system is adequate to serve the project and the desirable for the development of the community. ant has agaeed and is required by the inclusion of Late condition to pay a public facilities fee, 5 of that contract and payment of the fee will enable to find that public facilities will be available ect will not cause any significant environmental . nd a Negative Declaration has been issued nd Use Planning Manager on August 23, 1983 and by the Planning Commission on September 14, 1983.. with need as required by the general plan. . is granted for CUP-234, as shown on Exhibit '-Aa, tember 14, 1983 incorporated by reference and on he Land Use Planning Office. Development shall stantially as shown unless otherwise noted in these itional use permit is granted to the Woolworth nd is not assignable to any other owner or lessee of ing . roposed for this development shall be designed in S of the Plaza Camino Real shopping center and shall iew and approval of the Land Use Planning Manager stallation of such signs. iitional use permit is granted €or a period of five 'his conditional use permit shall be reviewed by the Planning Manager on a yearly basis to determine if ,tions of this permit have been met and that the use have a significant detrimental impact on surround- irties or the public health and welfare, If the Land ring Manager determines that the use has such rnt adverse impacts, the manauer shall recommend that ling Commission, after providing the permittee the tty to be heard, add additional conditions to mitigate tficant adverse impacts. This permit may be revoked Lme after a public hearing, if it is found that the 3 significant detrimental affect on surrounding land the public's health and welfare, or the conditions ierein have not been met. S. with the City's Sign Ordinance and all sign This permit may be extended I76 -2- . Prior to 1 10 1 2 3 4 5 6 7 8 9 10 11 12 13 1418) Ii ;j 17 /I 19 any time has a sic and the 1 herein h, reasonab applicat to the e: P 1 ann ing affect 01 welfare 1 permit tec land use: extensioi cond i t ioi extensioi after a public hearing, if it is found that the use nificant detrimental affect on surrounding land up 7 ublic's health and Welfare, or the conditions imp< ad ve not been met. This permit may be extended for a e period of time not to exceed five years upon writte on of the permittee made not less than 90 days prior piration date. In granting such extension, the Commission shall find that no substantial adverse surroundicg land uses or the public's health and ill result because of the continuation of the use. If a substantial adverse affect on surrounding or the public's health and welfare is found, the shall be considered as an original application for a a1 use permit. There is no limit to the number of s the Planning Commission may grant. I No alcoho(lic beverages shall be consumed at the site. At least ne adult person (21 years or older) shall be available P at all times to supervise the arcade. entrance as shown on Exhibit "A" shall be used as cy exit only and shall not be used to provide a ntry to the game room area. m number of machines permitted on the premises is 20 Planning Commi! 21!14th day of Sei 22 // AYES: 'i It 23 ii 24 i, (I 25 I 1: NOES : ABSEN': le opening of the arcade, the applicant shall enter reement with the Police Department that the applican, le uniformed security guards in the arcade if deemed ,y the Chief of Police. Any security guard required > this condition shall not substitute for an adult as required by condition no. 6. APPROVED AND ADOPTED at a regular meeting of the ;ion of the city of Carlsbad, California, held on the :ember, 1983, by the following vote, to wit: Chairman Schlehuber, Commissioners Marcus, Lyttleton, Farrow, Friestedt and Rawlins. Commissioner Rombotis. I -;' -- (:&uLL&L- CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION n 'M I 28 /pC RES0 NO. 21761 -3- I.