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