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HomeMy WebLinkAboutCUP 234; Woolworth; Conditional Use Permit (CUP)STAFF REPORT DATE: OCTOBER 5, 1988 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT RE: EXTENSION OF CUP-234 - WOOLWORTH'S I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 2779 APPROVING the extension of CUP-234 based on the findings and subject to the conditions therein. II. BACKGROUND AND ANALYSIS On September 14, 1983 the Planning Commission approved CUP-234, to allow a 2000 square foot. Video Arcade (Fun Center) within the lower level of Plaza Camino Real. Per Condition #4 of Planning Commission Resolution No. 2167, CUP-234 was approved for a maximum five year period, until September 14, 1988. Extension of the CUP may however be granted by the Planning Commission for a period of up to five years, provided that 1) a written request is submitted from the project applicant, and 2) 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. In accordance with this condition, the project applicant has submitted a written request to extend CUP-234. Planning Staff has spoken with Carlsbad Police Departments' Business Liaison Officer and the Management at Plaza Camino Real with regard to whether the Fun Center has been a compatible use within Plaza Camino Real. Although the Fun Centers juvenile arcade patrons have created nuisance problems for the shopping public and adjacent retail uses within the past, the Business Liaison Officer and the Management of Plaza Camino Real have indicated that since the Fun Center has been under new management (for over one year) no nuisances to the shopping public or to surrounding mall business have occurred. In accordance, both the Police Department and the Management of Plaza Camino real support the extension of CUP-234. Based upon this information from the Business Liaison Officer and Management of Plaza Camino Real, which indicates that the Fun Center has not had a significant adverse impact on surrounding uses and on the public's health and welfare, Staff recommends that CUP-234 be extended for a period of up to five years. Staff CUP 234 - WOOLWORTH'S Page 2 feels comfortable in making this recommendation in view of the fact that the CUP for this use may be revoked by the Planning Commission at any time if it is found that the use has a significant detrimental affect on surrounding uses and the public's health and welfare, per condition #4 of Resolution No. 2176, approving the original CUP. ATTACHMENTS 1. Planning Commission Resolution No. 2779. 2. Planning Commission Resolution No. 2562 and 2176. CDDrkd September 19, 1988 INFORMATION ITEM DATE: APRIL 23, 1986 TO: PLANNING COMMISSION PROM: PLANNING DEPARTMENT SUBJECT: CUP-234 - WOOLWORTH'S - Request for a minor amendment to the conditional use permit to move the video game room into another space next door. I.RECOMMENDATION That the Planning Commission allow staff to administratively amend the conditional use permit for the Woolworth's video game room to relocate to an adjacent space. II.BACKGROUND AND DISCUSSION The existing conditional use permit for Woolworth's allows a video game room called the Fun Center to be located in an 1800 square foot space that formerly housed the Harvest House Cafeteria. Woolworth's has requested to move the Fun Center to a 2000 square foot space next door which is the former coffee shop of the Harvest House. The reason for the move is because a restaurant will be installed in the 2 spaces that are now occupied by the Fun Center and the Active Wear Shop. Although the proposed new space is slightly larger, the Fun Center will not increase the number of machines because that amount is set in the conditional use permit. In the new space, there will be a 10-foot wall immediately inside which will block the view and the sound between the Fun Center and the common area of the Mall. The Mall Management and the Police Department do not have problems with moving the Fun Center to the proposed space. Staff recomends that this item be handled as an administrative amendment to the CUP. Staff recommends approval of such amendment because the change in location of the Fun Center is a minor change which will not increase the facilities or intensify the use. NER:bn 4/7/86 STAFF REPORT DATE:October 24, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: CUP-234 - WOOLWORTH - Review of the Conditional Use Permit for a video arcade business located in Plaza Camino Real Shopping Center for compliance with the conditions of approval. I.RECOMMENDATION It is recommended that the Planning Commission direct staff to draw up documents for REVOCATION of CUP-234. II.PROJECT BACKGROUND AND DISCUSSION On September 14, 1983, the Planning Commission approved a conditional use permit to allow operation of a video arcade on the lower level of Plaza Camino Real. Operation of the arcade was allowed subject to several conditions. Condition No. 4 (attached resolution) stated, in part: "This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. ...This permit may be revoked at anytime after a public hearing, if it is found that the use has a significant detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met." The arcade has now been in operation for one year. The management of Plaza Camino Real is of the opinion that the arcade patrons disturb the shopping public and, as a result, surrounding businesses. It is apparent that groups of young people congregate in front of the arcade. In addition, the Carlsbad Chief of Police opposes any extension of the arcade's permit to operate, as the number of juvenile arrests in this area have increased significantly during this year. Based on the recommendation of the Police Department, staff recommends that Conditional Use Permit 234 be revoked on the basis that the use has a significant detrimental impact on surrounding land uses and on the public's health and welfare, in violation of Condition No. 4. If, based upon the information that has been submitted and any additional testimony received at the public hearing, the Planning Commission concurs, staff will bring back a resolution revoking this permit at your next meetin g. The arcade operator has submitted information identifying possible alternatives to the revocation of the permit. This information is attached. Attachments 1. Location Map 2. Letter from Plaza Camino Real, dated August 31, 1984 3. Memo from Chief of Police, dated September 21, 1984 4. Memo from Officer Galloway, dated September 20, 1984 5. Planning Commission Resolution No. 2176, dated September 14, 1983 6. Information from R. Thomas Wood, Attorney for Woolworth's PJK:ad 10/11/84 -2- LCTCATION MA HWY 78 PLAZA CAMJNO REAL MARROW ROAD mr- O>§: z O 3Jm SITE WOOLWORTHS F.W. WOOLWORTHS CUP-234 August 31, .1984 Mr. Willis Rawlins Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, CA . 92008 Dear Mr. Rawlins, I am requesting time to speak at the Planning Commission's review of the Conditional Use Permit 234 for the F.W. Woolworth's Arcade. Since the opening of the arcade in the fall of 1983, we have experienced a 900% increase in the number of dis- turbances in the vicinity of the arcade (230 incidents vs. 23 for the year prior to the arcade's opening). The element attracted to the arcade consists mostly of juveniles (under 18) who panhandle for arcade money and harass in large numbers our regular customers in the area. Every tenant in the immediate area of the arcade, including the May Company, has filed complaints in this office against the arcade. They feel the increase in crime is due to this "attractive nuisance". Our mall statistics of crime do not include the tenant's disturbances. A day does not go by that customers do not call this office complaining of the arcade and its "patrons". We ask that the Conditional Use Permit be revoked so that Plaza Camino Real may be restored to the peaceful shopping environment that our customers once enjoyed. Christine Calderon General Manager CC:sa cc: F. Aleshire M. Casler V. Jimno 2525 El Camino Real. Suite 202, Carlsbad, California 92008 (6191 729-7927 September 21, 1984 TO: City Manager FROM: Chief of Police CONDITIONAL USE PERMIT #234 FOR F. W. WOOLWORTH ARCADE The Police Department opposes a renewal or extension of the Conditional Use Permit for the arcade operation at Plaza Camino Real. Although we have no recorded arrests or incidents inside the arcade itself, the Business Liaison Officer who is assigned to the mall approximately half-time reports numerous contacts, complaints and disturbances in the immediate area of the arcade that corroborate the mall management's letter to the Planning Commission. There is no doubt in my mind that the arcade is an "attractive nuisance." All mall arrests or incidents that occur in the pedestrian area and not within the tenant's shops are indexed under the address of the entire mall (2525 El Camino Real). Thus we have no way to isolate those incidents or arrests which occurred in front of the arcade itself. Furthermore we did not enter arrest data into the ARJIS system until 8-1-83, approximately the time the arcade opened. Juvenile arrests for the entire mall 8-1-83 to 9-1-84 total 80, although arrest data is unaviTable for the prior year (8-1-82 to 7-31-83). We do know there were 39 crime cases listing juvenile suspects. That is a 105% increase given that actual arrestees equate to suspects. dc cc: Mike Holzmiller - Land Use Planning September 20, 1 TO: Captain R. Vales FROM: Officer R. Galloway SUBJECT: ACTIVITY AT PLAZA CAMINO REAL I have been working as the business liaison officer for approximately four months. During this time I have spent about 20-25 hours each week at Plaza Camino Real answering calls and performing various duties. This memo will outline and describe the types of calls I have handled and observations I have made that involve groups of young people that "hang out" in the mall. The major point of congregation by these groups of young people is the area outside the "fun center", located in the east/lower level of the mall. The group consists of male and female young adults and juveniles who by their dress appear to be "break dancers" or "punk rocker" types. On some weekdays and on almost all weekends the group members number up to 50 people. Some of these people stand or sit on the nearby stairway, thereby blocking the passage of the mall customers. Other members of the group sit on the ledge of a nearby bookstore's front and often partially block the entrance into the store. Other group members congregate at a bank of telephones nearby and inhibit their use by mall customers. Some group members sit on the benches in the "fountain area" and occasionally they will bathe themselves from the fountain. Other members will steal money from the fountain. These group members often litter the area with paper trash and cigarette butts and ashes, causing additional clean up work by the mall janitor crew. I have had numerous reports and complaints from mall shoppers of foul, vulgar language being used by these people. Other customers have told me that they were stopped by these group members and were asked for money. I have been told by shoppers that these group members occasionally spit on or at each other. I have responded to calls regarding a "fight in progress" in this general area approximately 10 times. Usually upon my arrival the altercation is over and the combatants are not in the area, but still the fight had occurred, disrupting the shopping atmosphere. The use of alcohol by these group members is apparent in that I have personally made three arrests from the group for being drunk in public and I am aware of at least three other arrests by officers for similar offenses. I assisted in the arrest of a group member for possession of "mace" without a license. Other officers have made two arrests of group members for possession of knives and other dangerous weapons. Occasionally these group members are involved in shoplifting incidents and I have personally arrested three group members who had returned to their "hang out" location after stealing items from various mall stores. I have responded to calls involving consumption Activity at Plaza Camino Real - 2 - September 20, 1984 of alcohol and smoking of marijuana in the back hallways by these group members. I have also made two arrests of group members for disturbing the peace charges (throwing a firecracker into a store and spitting inside a store). Their presence at that location interferes with the business1 ability to serve their customers, according to the restaurant manager. Although I have respnded to very few calls involving customers inside the arcade, there have been many requests for service in the common mall area adjacent to the arcade. According to Plaza Camino Real security reports, there has been a 900% increase in incidents/calls (280 incidents vs 23) within the mall since the time the arcade opened one year .ago. Recently the mall has undertaken a policy which involves active participation by their security guards in making citizen's arrests for some of these misdemeanor offenses when applicable. I feel that the closure of the "fun center", which acts as an attractive nuisance for the group members, and the planned higher profile by the mall security guards, along with the assistance from the Police Department will eliminate the majority of the problems at the mall and return it to a conducive climate for shopping. Respectfully submitted, R. W. Galloway #5022 dc Application Submitted July 7, 1983 STAFF REPORT DATE:September 14, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT; I. CUP-234 - WOOLWORTH - Request to convert an existing cafeteria into a video arcade on property generally located on the lower level of the Plaza Camino Real Shopping Center addressed as 2525 El Camino Real. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2176 APPROVING CUP-234 , based on the findings and subject to the conditions contained therein: II.PROJECT DESCRIPTION The applicant is requesting approval to convert an existing cafeteria into a video arcade on property located as described above. The proposed arcade would take up approximately 2000 square feet of the existing cafeteria space and would be partitioned. The remaining area would be used for storage. No exterior physical changes are proposed in conjunction with this request. III.ANALYSIS Planning Issues 1) Does the proposed arcade meet the requirements for a Conditional Use Permit? 2) Is the proposed use compatible with the surrounding uses in the vicinity? Discussion The applicant is requesting approval to construct the arcade next to his place of business (Woolworth). There would be no direct access between Woolworth and the proposed arcade. Staff feels the arcade meets the required findings for a Conditional Use Permit. Plaza Camino Real is adequate in size and shape to accommodate the use; all setbacks, landscaping and yards can be provided; the street system is adequate to serve the site; and the use at this location is desirable for the develoment of the community. The proposed arcade is compatible with the surrounding uses. Plaza Camino Real with it's major stores and supporting shops, of which the arcade would be one, were designed to accommodate a high volume of people. Staff believes a large shopping mall is a more desirable location for an arcade since parking and security are well established. Staff feels, overall, the arcade meets the required findings for a Conditional Use Permit, therefore, Staff recommends approval of CUP-234. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on August 23, 1983. ATTACHMENTS: 1. Planning Commission Resolution No. 2176 2. Background Data Sheet 3. Location Map 4. Environmental Documents 5. Disclosure Form 6. Exhibit "A", dated September 14, 1983 EVRtad 8/31/83 -2- LO%ATIO HWYTS PLAZA CAMiNO REAL MARRON ROAD mr- O rn SITE WOOLWORTHS RW. WOOLWORTHS CUP-234 BACKGROUND DATA SHEET CASE NO: CUP-234 APPLICANT: WOOLWORTH REQUEST AND LOCATION: Convert an existing cafeteria into a Video Arcade. Lower level of Plaza Camino Real addressed as 2525 El Camino Real Those portions of "C" & "D" lying within a parcel of land situate in the City LEGAL DESCRIPTION: of Clsbd, being a portion of Sect. 31, Township 11 South Range 4 West, San Bernardino Meridian & portions of Lots 19,20 & 33 and of Eucalyptus St.accord, to Map 1136 filed in Cty. of SD SD APN; 156-302-27 Acres .568 Proposed No. of Lots/Units 17 GENERAL PLAN AND ZONING Land Use Designation R-H Density Allowed 20-30 Density Proposed 29.9 Existing Zone RD-M Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site C-2 Retail North C-2 Retail South C-2 Retail East C-2 Retail West C-2 Retail PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated July 26, 1983 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued August 23, 1983 E.I.R. Certified, dated Other, DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Land Use Planning Office of the City of Carlsbad intends to prepare a Negative Declaration for the following project: Project Description: Conversion of an existing cafeteria into a video arcade. Project address/Location: 2525 El Camino Real, Plaza Camino Real. Anticipated significant impacts: None. We need to know your ideas about the effect this project might have on the environment and your suggestions for ways, the project could be revised to reduce or avoid any significant environmental damage. Your ideas will help us decide what issues to analyze in the environ- mental review of this project. Your comments on the environmental impact of the proposed project may be submitted in writing to the Land Use Planning Office, 1200 Elm Avenue, Carlsbad, CA 92008, no later than August 19, 1983. DATED: August 5, 1983 CASE NO: CUP-234 APPLICANT: Woolworth PUBLISH DATE: August 13, 1983 MICHAEL J. HOLZMILLER, Land Use Planning Manager ND 3 5/81 DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1939 (619) 438-5591 NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: 2525 El Camino Real, Plaza Camino Real. PROJECT DESCRIPTION: video arcade. Conversion of an existing cafeteria into a The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land"Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: August 23, 1983 CASE NO: CUP-234 APPLICANT: Woolworth PUBLISH DATE: August 27, 1983 MICHAEL J^jHOLZMILLER Land Use Planning Manager ND-4 5/81 If after the information Vou have submitted has been revifewed, it is determined -that further informational required, you will be so adjJfced. APPLICANT: _____ Name -{individual, partnership, joint venture, corporation, syndication) AGENT: Business Address Telephone Number (A, Name Business Address Telephone Number MEMBERS: Name -(individual,., partner, joint venture, corporation, syndication) Home Address Business Address Telephone Nusiber Telephone Number Eome Address Business Address Telephone Nuaber Telephone lumber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be* relied upon as being true and correct until amended. Applicant Agent, Ov.-ner, Partner