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HomeMy WebLinkAbout1982-03-24; Planning Commission; Resolution 193451 > \ I/ 0 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 1934 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW VIDEO GAMES IN CONJUNCTION WITH AN EXISTING DELICATESSEN ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF GRAND AVENUE AND ROOSEVELT STREET AND ADDRESSED AS 595 GRAND AVENUE. APPLICANT: MIZERA CASE NO: CUP-2 1 1 7 8 9 WHEREAS, a verified application has been filed with 1 city of Carlsbad and referred to the Planning Commission: and WHEREAS, said verified application constitutes a reql 10 11 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal 12 13 14 the Planning Commission did on the 24th day of March, 1982, hc duly noticed public hearing to consider said application on property described as: 15 // A portion of Lots 17 and 18, Block 34, Town of Carlsk Map 775 16 I" desiring to be heard, said Commission considered all factors l8 considering all testimony and arguments, if any, of all persor 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and relating to CUP-21 1. I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc Commission 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 Commission APPROVES CUP-211, based on the following findin and subject to the following conditions: Findings: 1) As conditioned, the proposed use will not be detrimental t surrounding properties since the use will be operated as a adjunct to an existing, established business and all surrounding uses are commercial in nature. * '2- 0 0 1 2 3 Conditions: * 1) Approval is granted for CUP-21 1, as shown on Exhibits A & 5 dated March 11, 1982, incorporated by reference and on fi the Planning Department. Development shall occur substan 6 as shown unless otherwise noted in these conditions. 7 2) This conditional use permit is granted to Hans and Shirle Mizera only and is not assignable to any other owner or 1 8 of the building. 2) That the site for the intended use is adequate in size, E and other features to accommodate the use. No physical c or additions to the building are proposed and existing pe will be utilized. 9 10 11 12 13 14 15 16 17 18 19 20 21 3) This conditional use permit is granted for a period of fi years. This conditional use permit shall be reviewed by Planning Director on a yearly basis to determine if all c ditions of this permit have been met and that the use doe have a significant detrimental impact on surrounding prop or the public health and welfare. If the Planning Direct1 determines that the use has such significant adverse impa' the director shall recommend that the Planning Commission providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a : hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the publi health and welfare or the conditions imposed herein have been met. This permit may be extended for a reasonable p of time not to exceed five years upon written application permittee made not less than 90 days prior to the expirat date. In granting such extension, the Planning Commissior find that no substantial adverse affect on surrounding la] the public's health and welfare will result because of tht continuation of the permitted use. If a substantial adve~ affect on surrounding land uses or the public's health anc welfare is found, the extension shall be considered as an original application for a conditional use permit. There limit to the number of extensions the Planning Commission grant. 22 23 24 25 6) The game room area shall not be operated except when the d 26 27 4) No alcoholic beverages shall be consumed at the site. 5) At least one adult person (18 years or older) shall be available at all times to supervise the game room area. catessen business is open. 7) No separate, individual signs shall be erected or install€ which identify the game room area. 28 ~~~<'~ESO NO. 1934 -2- 11 A$ c- 4 I1 0 e 1 2 3 8) The second entrance as shown on Exhibit "A" shall be used emergency exit only and shall not be used to provide a SE entry to the game room area. 9) The maximum number of machines permitted on the premises twelve. 4 - 11 PASSED, APPROVED AND ADOPTED at a regular meeting of '11 Planning Commission of the city of Carlsbad, California, held 6 il 24th day of March, 1982, by the following vote, to wit: rl f a AYES : Chairman Farrow, Commissioners -Rombotis, Schlehuber, Jose, and L'Heureux. NOES : None . 9 11 ABSENT: C0rt"niSSiOnerS Marcus and Friestedt. 10 11 12 13 ABSTAIN: None- q&i+&?=&\&&Iw& ,L VERNO? J. \FARROW, :<$R.', Chairm CARLSBA.D>LANNING COMMISSION 1411 ATTEST: /? ."f 217 ,g /j? \&4*&T( - " L&g%&&gg,- MES C. HqGAM , Secretary TARLSBAD PLAN NG COMMISSION 19 I 20 21 22 23 24 25 I! 26 27 28 PC RES0 NO. 1934 I -3-