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Home My WebLink About1997-04-16; Planning Commission; Resolution 4086e 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 PLANNING COMMISSION RESOLUTION NO. 4086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF THE WOOLWORTH’S FUN CENTER ON PROPERTY GENERALLY LOCATED AT 2525 EL CAMINO REAL WITHIN THE PLAZA CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WOOLWORTH’S FUN CENTER CASE NO.: CUP 234(A)x1 WHEREAS, Son’s Amusement Corporation, “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Plaza Camino “Owner”, 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 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditiona Permit Extension as provided by the conditions of approval of CUP 234(A) and Chapter 21. the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of April 1997,l duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi~ and arguments, if any, of all persons desiring to be heard, said Commission considered all f: relating to CUP 234(A)x1. WHEREAS, on the 3rd day of June 1992, the Planning Commission app: CUP 234(A), as described and conditioned in Planning Commission Resolution No. 3402. . 0 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. Bj That based on the evidence presented at the public hearing, the Pls Commission APPROVES Conditional Use Permit Extension CUP 234( based on the following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the commun essentially in harmony with the various elements and objectives of the General P1a1 is not detrimental to existing uses specifically permitted in the zone in whic proposed use is located, in that the Woolworth’s Fun Center provides a fo~ entertainment desired by some segments off the Carlsbad community. 2. That the site for the intended use is adequate in size and shape to accommodate the u that the Fun Center is wholly contained within an existing lease space withi Plaza Camino Real including all games and the onsite attendant. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necess: adjust the requested use to existing or permitted future uses in the neighborhood v provided and maintained, in that the Fun Center is wholly contained within an ex lease space and does not require the adjustment of yards, fences, or other featul 4. That the street system serving the proposed use is adequate to properly handle all 1 generated by the proposed use, in that the project is within the Plaza Camino Rea all traffic generation has been considered as a part of the larger development. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use P Extension for the project entitled Woolworth’s Fun Center. Staff is authorize( directed to make, or require Developer to make, all corrections and modifications 1 Conditional Use Permit document(sj, as necessary, to make them internally cons and in conformity with final action on the project. Development shall occur substar as shown in the approved Exhibits. Any proposed development substantially dif, from this approval, shall require an amendment to this approval. 2. Except as modified herein, all conditions of Planning Commission Resolution remain applicable and are incorporated herein by reference. 3. Condition No. 2 of Planning Commission Resolution No. 3402 is deleted. I PC RES0 NO. 4086 -2- t 0 e 4. Condition No. 4 of Planning Commission Resolution No. 3402 is replaced b following language: This Conditional Use Permit Extension is granted for a period of 5 years (June 3, through June 2,2002). This Conditional Use Permit shall be reviewed by the Plal Director periodically to determine if all conditions of this permit have been met an( the use does not have a substantial negative effect on surrounding properties or the F health and welfare. If the Planning Director determines that the use has such subst, negative effects, the Planning Director shall recommend that the Planning Commi! after providing the permittee the opportunity to be heard, add additional conditio reduce or eliminate the substantial negative effects. This permit may be revoked s time after a public hearing, if it is found that the use has a substantial detrimental t on surrounding land uses and the public’s health and welfare, or the conditions imI herein have not been met. This permit may be extended for a reasonable period of not to exceed 5 years upon written application of the permittee made no less than 90 prior to the expiration date. The Planning Commission may not grant such exter unless it finds that there are no substantial negative effects on surrounding land us the public’s health and welfare. If a substantial negative effect on surrounding land or the public’s health and welfare is found, the extension shall be denied or granted conditions which will eliminate or substantially reduce such effects. There is no lin the number of extensions the Planning Commission may grant. 5. Condition No. 10 of Planning Commission resolution No. 3402 is replaced bJ following language: The arcade operator shall provide private security for the arcade during the hol is open when school is not in session. 6. Prior to the issuance of the Conditional Use Permit extension, Developer shall subn the City a Notice of Restriction to be filed in the Office of the County Recorder, su. to the satisfaction of the Planning Director, notifying all interested parties and succe: in interest that the City of Carlsbad has issued a(n) Conditional Use Permi Resolution No. 4086 on the real property owned by the Developer. Said Notic Restriction shall note the property description, location of the file containing corn project details and all conditions of approval as well as any conditions or restricr specified for inclusion in the Notice of Restriction. The Planning Director has authority to execute and record an amendment to the notice which modifies or termir said notice upon a showing of good cause by the Developer or successor in interest. ... .. . ... ... PC RES0 NO. 4086 -3 - , ll I) 8 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla 2 3 Commission of the City of Carlsbad, California, held on the 16th day of April 1997 1: following vote, to wit: 4 5 AYES: Chairperson Nielsen, Commissioners Compas, Heint Monroy, Noble, Savary, Welshons 6 7 NOES: None 8 ABSENT: None ABSTAIN: None 9 10 11 12 13 CARLSBAD PLANNING COMMISSION 14 15 16 - " , G-at.. ATTEST: bbwba 'A. 4< . 17 MICHAEL J. H~~ZMIIYER 18 19 20 21 22 23 24 25 26 27 28 Planning Director PC RES0 NO. 4086 -4-