HomeMy WebLinkAbout1984-12-04; City Council; 7963-1; Granting an Appeal of Planning Commission DecisionCIT. OF CARLSBAD — AGENDA BILL
AR*7963-#1
MTP, 12/4/84
DPPT.CA
TITLE" GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION AND CONTINUING
A PrVNTHTT'Tn'MAT TTQIT U'P'PMT'r T?r^"D A \7TFYPri 7\ T3r*7vrVF
IUP-234 - WOOLWORTH
DFPT HD:-
OIJY ATTYVF-/3
PITY MfiR #*""
RECOMMENDED ACTION:
If the City Council concurs with the findings and
conditions in Resolution No. f3S" r an& wishes to
Ott.
Q.Q_
O<
OO
_
grant the appeal of the Planning Commission's decision
revoking CUP-234 thereby continuing the conditional use
permit in effect, subject to additional conditions, your
action is to adopt Resolution No. 7<f<3S" _ •
ITEM EXPLANATION
The City Council at your meeting of November 20, 1984
directed the City Attorney to prepare documents granting an
appeal of the Planning Commission's decision revoking CUP-
234 - Woolworth's Video Arcade. As directed, we have
prepared the attached resolution making the necessary
findings of fact and revising the conditional use permit by
the addition of some new conditions. The City Council
should satisfy yourselves that we have accurately
incorporated the Council's intentions in the matter in the
resolution. If the Council concurs, your action is to
adopt Resolution No. J?S~ which would leave CUP-_
234 in effect as originally approved and conditioned with
the addition of the new conditions.
EXHIBIT
Resolution No.
RESOLUTION NO. 7835
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION REVOKING A CONDITIONAL
5 USE PERMIT TO CONDUCT A VIDEO ARCADE BUSINESS
CUP-234 - WOOLWORTH AND CONTINUING SAID PERMIT IN
4 EFFECT SUBJECT TO ADDITIONAL CONDITIONS.
CUP-234 - WOOLWORTH.
5 WHEREAS, the Planning Commission on September 14, 1983
6 by the adoption of Planning Commission Resolution No. 2176
7 approved a conditional use permit (CUP-234 - Woolworth) to allow
8 the conversion of an existing cafeteria into a video arcade on
9 property generally located on the lower level of Plaza Camino
10 Real (Woolworth's store) subject to certain conditions. The
resolution, marked Exhibit "A" is attached hereto and made a part
12 of this resolution; and
13 WHEREAS, condition number 4 of Resolution No. 2176
14 provided for an annual review of the permit to determine whether
15 or not the use was having a significant detrimental impact on the
16 surrounding businesses; and
17 WHEREAS, in response to complaints from the surrounding
18 businesses the Planning Commission did, on October 24, 1984, hold
19 |a duly noticed public hearing to consider the matter; and
20 WHEREAS, the Planning Commission on said date adopted
21 Resolution No. 2376 revoking the conditional use permit based on
22 a finding that the arcade business was having a significant
23 detrimental effect on surrounding business; and
24 WHEREAS, pursuant to a timely appeal filed by the
25 permittee, Woolworth's, the City Council did, on November 20,
26 1984, hold a duly noticed public hearing to consider said appeal
27 at which the Council took testimony from all persons desiring to
28 be heard.
1
2
5
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 RESOLVED by the City Council of
the City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That based on the record before the Planning
Commission and the evidence presented at the public hearing, the
City Council has determined to grant the appeal and to allow the
video arcade business at the Woolworth store to continue pursuant
to Conditional Use Permit - 234 as originally approved by
Planning Commission Resolution No. 2176 and subject to the
appellant's compliance with the additional conditions of approval
contained in this resolution for the following reasons:
FINDINGS;
1. There was substantial evidence introduced at the hearing
that the video arcade business as presently configured and
operated has caused problems in the mall both the
surrounding businesses and the shoppers which could be
determined to constitute a significant detrimental effect on
the surrounding businesses and justify revocation of the
permit.
2. However, at the hearing the appellant suggested a series of
additional conditions to be imposed on the operation which
they maintained would minimize the problem while allowing
the business to continue in operation.
3. The City Council has determined to grant the appeal and amend
the conditional use permit to add these conditions and to
provide for a 120 day trial period at the conclusion of which
the City Council will again review the matter to determine if
the problem has been solved by the additional conditions and
whether or not any additional action on the part of the City
including the possible revocation of the permit will be
required.
3. Conditional Use Permit - 234 - Woolworth's, as
approved by Planning Commission Resolution No. 2176, shall
continue in effect subject to all of the terms and conditions of
said resolution and to the following additional conditions:
2.
1
2
3*X
4
5V
6\j
7
8
9
10
11•Acxb
12
13
14
15
16
17
18^L \iJ
19
20
21
22
23
24
25
26
27
28
CONDITIONS :
1 . The video arcade will be closed for the month of December
1984 but may reopen on January 2, 1985.
2. The F. W. Woolworth company will provide private security for
the arcade during the hours it is open when school is not in
session.
3. 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.
4. If, in the judgment 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.
5. The operators of the arcade will make a monthly security
report to the Chief of Police.
6. The operators of the arcade will enforce a strict "shoes and
shirts" rule.
7. When the video arcade reopens it shall operate on a trial
basis for a period of 120 days. At the conclusion of that
period the City Council shall again review the conditional
use permit to determine whether or not the problems
identified at the public hearing have been solved by the
additional conditions of approval. Council may at that time
again review the permit and make any determinations as
they consider necessary under condition number 4 of
Resolution No. 2176 including the imposition of additional
conditions or the revocation of the permit if the City
Council finds that is necessary in the public interest.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council, held on the 4th day of December
1984 by the following vote, to wit:
AYES: Council Members Casler, Lewis and Chick
NOES: Council Members Kulchin and Pettine
ABSENT: None / /, „/ / /tW7i // /I 07 ^^-^ & - L^U^_
MARY H. //CASLER, Mayor
ATTEST: "
f-M f& jtJt >% t^^ ft^*^ — - * A.i^\J*J^^^^*^^* Y^ • r \ rt J * *l9T-m •? fl . rt n n
ALETHA L. RAUTENKRANzTcltyCJerk
PLANNING COMMISSION RESOLUTION NO, 2176
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
2 CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERI
, TO ALLOW A CONVERSION OF AN EXISTING CAFETERIA INTO A
VIDEO ARCADE ON PROPERTY GENERALLY LOCATED AT THE LOWER
A LEVEL OF PLAZA CA«INO REAL AND ADDRESSFD AS 2525 EL
CAMINO REAL
* APPLICANT: WOOLWORTH
3 CASE NO; CUg-234
15
16
17
22
23
WHEREAS, a verified application has been filed with the
7 City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
9 as provided by Title 21 of the Carlsbad Municipal Code; and
10 WHEREAS, pursuant to the provisions of the Municipal Code
the Planning Commission did, on the 14th day of September, 1983,
12 hold a duly noticed public hearing to consider said application on
i! property described as:
141 Those portions of C and D lying within a parcel of land
situate in the City of Carlsbad, being a portion of
Section 31 Township 11 south, Range 4 west San Bernan. .10
Meridian and portions of Lots 19, 20 and 33 and of '
Eucalyptus Street according to Map 1136 filed in San
Diego County,
WHEREAS, at said hearing, upon hearing and considering al
•*» |:
19 testimony and arguments, if any, of all persons desiring to be
2Qt heard, said Commission considered all factors relating to CUP-234.
NOW, THEREFORE, BE IT HEREBY PESOLVED 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, th
Commission APPROVES CUP-234, based on the following findings
25;' and subject to the following conditions:
24
26'!11 *271; ////
Mil//// EXHIBIT A
6
7
8
Findings:
1) That the site for the intended use is adequate in size, shape
and other features to accommodate the use No physical changes
or additions to the building are proposed and existing parking
will be utilized.
2) The street system is adequate to serve the project and the
project is desirable for the development of the community.
3) The applicant has agreed and is required by the inclusion of
an appropriate condition to pay a public facilities fee.
Performance of that contract and payment of the fee will enable
this body to find that public facilities will be available
concurrent with need as required by the general plan.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued
by the Land Use Planning Manager on August 23, 1983 and
approved by the Planning Commission on September 14, 1983..
liConditions:
12 i1
!l) Approval is granted for CUP-234, as shown on Exhibit ".A",
13H dated September 14, 1983 incorporated by reference and on
'• file in the Land Use Planning Office. Development shall
14, occur substantially as shown unless otherwise noted in these
'i conditions.is ii112) This conditional use permit is granted to the Woolworth
15 |i Company and is not assignable to any other owner or lessee of
ii the building.
17 I13) Any signs proposed for this development shall be designed in
13l! conformance with the City's Sign Ordinance and all sign1 requirements of the Plaza Camino Real shopping center and shall
19 require review and approval of the Land Use Planning Manager
prior to installation of such signs.
20 4) This conditional use permit is granted for a period of five
21 !i years. This conditional use permit shall be reviewed by the
;, Land Use Planning Manager on a yearly basis to determine if
22 It all conditions of this permit have been met and that the use
| does not have a significant detrimental impact on surround-
23 ing properties or the public health and welfare. If the Land
Use Planning Manager determines that the use has such
24!: significant adverse impacts, the manager shall recommend that
'; the Planning Commission, after providing the permittee the
25 opportunity to be heard, add additional conditions to mitigate
the significant adverse impacts. This permit may be revoked
26
27
at any time after a public hearing, if it is found that the
use has a significant detrimental affect on surrounding land
uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended
28
PC RESO NO. 2176 -2-
X
any time after a public hearing, if it is found that the use
2
3
4
5
6
7
8
11
has a significant detrimental affect on surrounding land ir •?
and the public's health and welfare, or the conditions impv. ed
herein have not been met. This permit may be extended for a
reasonable period of time not to exceed five years upon writte
application of the permittee made not 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.
9
5) No alcoholic beverages shall be consumed at the site.
10
6) At least one adult person (21 years or older) shall be
available at all times to supervise the arcade.
12|7) The second entrance as shown on Exhibit "A* shall be used as
i an emergency exit only and shall not be used to provide a
13'I separate entry to the game room area.h
14 8) The maximum number of machines permitted on the premises is
thirty-nine.15 j!
J9). Prior to the opening of the arcade, the applicant shall enter
16 ij into an agreement with the Police Department that the applican
!' will provide uniformed security guards in the arcade if deemed
17|| necessary by the Chief of Police. Any security guard required
pursuant to this condition shall not substitute for an adult
18 supervisor as required by condition no. 6.
19 PASSED, APPROVED AND ADOPTED at a regular meeting of the
20 planning Commission of the city of Carlsbad, California, held on the
21 14th day of September, 1983, by the following vote, to wit:
ji
221 AYES: Chairman Schlehuber, Commissioners Marcus,
Lyttleton, Farrow, Friestedt and Rawlins.
23
24
25
NOES: Commissioner Rombotis.
; ABSENT: None.. .
f' U-^.^ — .
26 CLARENCE SCHLEHUBER, Chairman
I! CARLSBAD PLANNING COMMISSION
27 .ATTEST:
LAND USE PLANNING MANAGER / , ,
)?C RESO NO. 2176 -3-