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HomeMy WebLinkAbout1992-06-03; Planning Commission; Resolution 34024 I( 0 e 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 PLANNING COMMISSION RESOLUTION NO. 34-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT "A" TO CONDITIONAL USE PERMIT 234 AND A FIVE YEAR EXTENSION ON PROPERTY GENERALLY LOCATED WITHIN THE PLAZA CAMINO REAL SHOPPING CENTER AT 2525 EL CAMINO REAL, CASE NAME: WOOLWORTH'S FUN CENTER CASE NO: CUP 234(A) WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 3rd day of June, 1992, hold a duly noticed public hearing to consider said application on property described as: Those portions of "C" and "D" lying within a parcel of land situated in the City of Carlsbad, being a portion of Section 31, Township 11 South, Range 4 West, San Bernardino Meridian and portions of Lots 19, 20 and 33 of Eucalyptus Street according to Map 1136 filed in the County of San Diego. WHEREAS, at said public hearing, upon hearing and considering dl testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 234(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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, the Commission APPROVES CUP 234(A), based on the following findings and subject to the following conditions: ... I1 0 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 FindingS: 1. That the addition of 16 video arcade games to an existing video arcade will no substantially alter an existing approved use; 2. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives oj the general plan, and is not detrimental to existing uses or to uses specificallq permitted in the zone in which the proposed use is to be located; 3. That the site for the intended use is adequate in size and shape to accommodate the use; 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; 5. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Conditions: 1. Approval is granted for CUP 234(A), as shown on Exhibit "A", dated June 3, 1992, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This conditional use pennit is granted to the Woolworth Company and is not assignable to any other owner or lessee of the building. 3. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and all sign requirements of the Plaza Camino Real shopping center and shall require review and approval of the Planning Director prior to installation of such signs. .... .... .... .... .... .... PC RES0 NO. 3402 -2- I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 4. This conditional use permit is granted for a period of five years. This conditiona use permit shall be reviewed by the Planning Director on a yearly basis tc determine if all conditions of this permit have been met and that the use does no1 have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permil may be revoked at any time after a public hearing, if it is found that the use ha: a significant detrimental affect on surrounding land uses and the publk's healtl and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five vears upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of 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 available at all times to supervise the arcade. 7. The second entrance as shown on Exhibit "A", shall be used as an emergency exit only and shall not be used to provide a separate entry to the game room area. 8. The maximum number of machines permitted on the premises is fifty-five. 9. The applicant will provide donned security guards in the arcade if deemed necessary by the Chief of Police. Any security guard required pursuant to this condition shall not substitute for an adult supervisor as required by Condition No. 6. 10. The F. W. Woolworth Company will provide private security for the arcade during the hours it is open when school is not in session. 11. The management of Woolworth's and the operators of the arcade will provide that the private security will call the Carlsbad Police Department upon the observance of any criminal activity in the vicinity of the arcade and will cooperate in making citizens arrests, signing complaints, or testifying in court as a witness. 12. If, in the judgement of the Police Department, a problem does exist at any particular time in connection with the arcade they shall have authority to close the arcade for a minimum of two hours. PC RES0 NO. 3402 -3- .. .' 0 0 13. The operators of the arcade shall maintain a monthly security report and make 1 that available upon request. 2 15. All conditions of this Resolution No. 3402 shall supersede and nullify all previous 3 14. The operators of the arcade shall enforce a strict "shoes and shirts'' rule. 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 5 approvals adopted by the Planning Commission. 6 7 Commission of the City of Carlsbad, California, held on the 3rd day of June, 1992, by the following vote, to wit: 8 9 AYES: Chairperson Erwin, Commissioners: Schramm, Noble, Welshons, Savary & Hall. lo /I NOES: None. l1 II ABSENT: Commissioner Schlehuber. 12 13 14 15 16 ABSTAIN: None. G' TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 17 19 3.8 ATTEST: \ 20 I ; s PLANNING DIRECTOR 21 22 23 24 25 26 27 28 11 PC RES0 NO. 3402 -4- li