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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-