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HomeMy WebLinkAbout1983-09-14; Planning Commission; Resolution 2176.. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 i 2o i 22 I 23 24 ~ 25 26 I 27 28 li e e PLANNING COMMISSICN RESOLUTION NO. 2176 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT: CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PI TO ALLOW fi CONVERSION OF AN EXISTING CAFETERIA INTO LEVEL OF PLAZA CAPiINO REAL AND ADDRESSED AS 2525 E: CAWINO REAL APPLICANT: WOOLWORTH CASE NO: CUP-234 VIDEO ARCADE ON PROPERTY GENERALLY LOCATED AT THE LC ~~ WHEREAS, a verified application has been filed with City of Carlsbad and referred to the Planning Commission; an WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipa the Planning Commission did, on the 14th day of September, 1 hold a duly noticed public hearing to consider said applicat property described as: Those portions of C and D lying within a parcel of situate in the City of Carlsbad, being a portion of Section 31 Township 11 south, Range 4 west San Berr Meridian and portions of Lots 19, 20 and 33 and of Eucalyptus Street according to Map 1136 filed in Sc Diego County, WHEREAS, at said hearing, upon hearing and considev testimony and arguments, if any, of all persons desiring to heard, said Commission considered all factors relating to CI NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann. i 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 hear Commission APPROVES CUP-234, based on the following find and subject to the following conditions: //// //// //// < .. 9, I/ e e 1 IL Findings: 2 1) That the site for the intended use is adequate in size, s will be utilized. and other features to accommodate the use No physical ch 3 or additions to the building are proposed and existing pa 4 5 project is desirable for the development of the community 2) The street system is adequate to serve the project and th 6 3) The applicant has agreed and is required by the inclusion an appropriate condition to pay a public facilities fee. this body to find that public facilities will be availabl 7 Performance of that contract and payment of the fee will 8 6) This project will not cause any significant environmentz 9 concurrent with need as required by the general plan. impacts and a Negative Declaration has been issued approved by the Planning Commission on September 14, 198 10 by the Land lJse Planning Manager on August 23, 1983 and 11 Conditions : 12 13 14 15 16 17 18 19 1) Approval is granted for CUP-234, as shown on Exhibit "A" dated September 14, 1983 incorporated by reference and c file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in t conditions. 2) This conditional use permit is granted to the Woolworth Company and is not assignable to any other owner or lesE the building. 3) Any signs proposed for this development shall be designed conformance with the City's Sign Ordinance and all sign requirements of the Plaza Camino Real shopping center and require review and approval of the Land Use Planning Manal I prior to installation of such signs. 20 21 22 23 24 25 26 27 28 4) PC This conditional use permit is granted for a period of 1 years. This conditional use permit shall be reviewed b) Land Use Planning Manager on a yearly basis to determinc all conditions of this permit have been met and that tht does not have a significant detrimental impact on surrot ing properties or the public health and welfare. If thc Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommenc the Planning Commission, after providing the permittee 1 opportunity to be heard, add additional conditions to m: the significant adverse impacts. This permit may be reT at any time after a public hearing, if it is found that use has a significant detrimental affect on surrounding uses and the public's health and welfare, or the condit: imposed herein have not been met. This permit may be e: RES0 NO. 2176 -2- <. C 1 2 3 4 5 6 7 a 9 0 0 any time after a public hearing, if it is found that tht has a significant detrimental affect on surrounding lanc and the public's health and welfare, OK the conditions herein have not been met, This permit may be extended reasonable period of time not to exceed five years upon application of the permittee made not less than 90 days to the expiration date. In granting such extension, tht Planning Commission shall find that no substantial advel affect on surrounding land uses or the public's health i welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrc land uses or the public's health and welfare is found, 1 extension shall be considered as an original applicatior conditional use permit. There is no limit to the numbel extensions the Planning Commission may grant. 5) No alcoholic beverages shall be consumed at the site. 6) At least one adult person (21 years or older) shall be 10 11 available at all times to supervise the arcade. 12 separate entry to the game room area. 13 7) The second entrance as shown on Exhibit "A" shall be USE an emergency exit only and shall not be used to provide 14 15 16 17 18 8) The maximum number of machines permitted on the premises thirty-nine, 9) Prior to the opening of the arcade, the applicant shall into an agreement with the Police Department that the aE will provide uniformed security guards in the arcade if necessary by the Chief of Police. Any security guard re pursuant to this condition shall not substitute for an i supervisor as required by condition no. 6. 19 I PASSED, APPROVED AND ADOPTED at a regular meeting of 20 lanning Commission of the city of Carlsbad, California, held c 21 14th day of September, 1983, by the following vote, to wit: /I 22 AYES : Chairman Schlehuber, Commissioners Marcus, Lyttleton, Farrow, Friestedt and Rawlins. 23 24 I/ NOES : Commissioner Rombotis. ABSENT : None. 25 CLARENCE SCHLEHUBER, Chairman 26 a- d&L I\ CARLSBAD PLANNING COMMISSION 27 TTEST: 28 #?C RES0 NO. 2176 -3-