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HomeMy WebLinkAbout1984-11-20; City Council; 7963; Appeal of Planning Commission DecisionCARLSBAD - AGEND/ AB* 7963 MTG 11/20/84 DPPT. PLN TITI C-' ' ' fa>" AN APPEAL OF A PLftNNINa COMMISSION DECISION REVOKING A CONDITIONAL USE PERMIT FOR A VIDEO ARCADE. CUP— 2J4 — WOOLVOcTH DEPT. HP. Sl-f CITYATTY\JP/3 CITY MGR.J^kL O 1 _j O i RECOMMENDED ACTION: It is reccmnended that the City Council UPHOLD the decision of the Planning Coranission to REVOKE CUP-234 and direct the City Attorney to prepare documents REVOKING CUP-234. ITEM EXPLANATION This item is an appeal by the Wbolworth Company of a Planning Conmission decision to revoke a conditional use permit for a video arcade center located in the Plaza Camino Real Mall. The center is located adjacent to the Vfoolworth Store. The Planning Commission revoked this permit based on the objections raised by adjacent store owners and by the Carlsbad Police Department. The center appears to serve as an "attractive nuisance" for teenage kids who congregate outside the entrance of the video arcade. Specific complaints include use of foul language, panhandling, spitting and other disruptive actions. Most incidents reported have occurred near the entrance to the video arcade in the pedestrian mall, not within the center itself. The Police Department, however, has indicated that the number of incidents has significantly increased since the video arcade was opened in August, 1983. In August, 1984, extra security was provided by the applicant for the center to try and curb the problems. The security has not been totally successful, however, since the incidents occur outside the confines of the center. The applicant is requesting a 90 day extension to see if other measures can be taken to reduce the problem. Adjacent store owners and the representatives of May Stores, the plaza owner, object to any extensions that would extend into the Christinas shopping season. ENVIRONMENTAL REVIEW No environmental review is required of this project. FISCAL IMPACT No fiscal impact would occur if this use is revoked. EXHIBITS 1. Location Map 2. PC Resolution No. 2376 3. Staff Report, dated October 24, 1984 w/attachments 4. Letter from Thomas Wood, dated October 18, 1984 w/attachments 5. Petition from Plaza Camino Real Merchants LOCATION MMP HWY 78 PLAZA CAMINO REAL MARROW ROAD mr- zo 3Dm SITE WOOLWORTHS F.W. WOOLWORTHS CUP-234 1 PLANNING COMMISSION RESOLUTION NO. 2376 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, REVOKING A 3 CONDITIONAL USE PERMIT TO CONDUCT A VIDEO ARCADE BUSINESS ON PROPERTY GENERALLY LOCATED ON 4 THE LOWER LEVEL OF PLAZA CAMINO REAL AT 2525 EL CAMINO REAL. 5 APPLICANT: WOOLWORTH'S CASE NO; CUP-234 6 WHEREAS, a conditional use permit has been approved by the 7 City of Carlsbad Planning Commission on the 14th day of September 8 1983; and 9 WHEREAS, numerous complaints have been brought to the 10 attention of the Planning Commission; and 11 WHEREAS, pursuant to the provisions of the Municipal Code, 12 the Planning Commission did, on the 24th day of October, 1984, hold 13 a duly noticed public hearing to consider compliance of said 14 business with its conditions of approval on property described as: 15 16 Those portions of C and D lying within a parcel of land situate in the City of Carlsbad, being a portion of 17 Section 31 Township 11 South, Range 4 West San Bernardino Meridian and portions of Lots 19, 20 and 33 and of 18 Eucalyptus Street according to Map 1136 filed in Sa Diego County,, 19 | WHEREAS, at said hearing, upon hearing and considering all 20 testimony and arguments, if any, of all persons desiring to be 21 1 heard, said Commission considered all factors relating to CUP-234. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 Commission of the City of Carlsbad as follows: 24 (A) That the foregoing recitations are true and correct. 25 (B) That based on the evidence presented at the public hearing, the 26 Commission REVOKES CUP-234, based on the following findings: 27 //// 28 //// J 1 Findings 2 1) That Condition No. 4 of Planning Commission Resolution No. 2176 requires that CUP-234 be reviewed on a yearly basis to 3 determine compliance with the conditions of approval. 4 2) That Condition No. 4 of the same resolution allows for revocation of such permit at any time after a public hearing 5 if it is found that the use has a significant detrimental effect on surrounding land uses and the public's health and 6 welfare. 7 3) That this Commission finds that the arcade business does have a significant detrimental effect on surrounding businesses and 8 on the shopping public, in violation of Condition No. 4 of Planning Commission Resolution No. 2176. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the 10 I Planning Commission of the City of Carlsbad, California, held on 11 the 24th day of October, 1984, by the following vote, to wit: 12 AYES: Vice-chairman Farrow, Commissioners Smith, 13 L'Heureux and Schlehuber. NOES: Commissioners McFadden and Marcus. 14 ABSENT: None. 15 ABSTAIN: Chairman Rombotis. 16 17 18 JERRY ROMBOTIS, Chairman 19 CARLSBAD PLANNING COMMISSION 20 ATTEST: 21 22 MICHAELTj.^H»LZ MIDLER LAND USE PLANNING MANAGER 23 24 25 26 27 28., PC RESO NO. 2376 -2- 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 PJKrad 10/11/84 -2- 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. Voolworth'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 Guideron General Manager CC:sa cc: F. Aleshire M. Casler V. Jimno 2525 El Camino Real. Suite 202. Carlsbad. California 92008 (619) 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 unavilable for the prior year (8-1-82 to 7-31-83). We do know there werp 39 crime cases listing juvenile suspects. That is a 105% increase given that actual arrestees equate to suspects. dc cc: 8KR.lfeT2ffffler - Land Use Planning SEP 1984 USE OFFICE September 20, 1.u4 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 business' 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 PLANNING COMMISSION RESOLUTION NO. 2176 A RESOLUTION OF THF PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERI 3 TO ALLOW A CONVERSION OF AN EXISTING CAFETERIA INTO A VIDEO ARCADE ON PROPERTY GENERALLY LOCATED AT THE LOWER A LEVEL OF PLAZA CAMINO REAL AND ADDRESSED AS 2525 EL CAMINO REAL s APPLICANT: WOOLWORTH CASE NO: CUP-234 WHEREAS, a verified application has been filed with the 7 City of Carlsbad and referred to the Planning Commission; and Q 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 13 property described as: 14 Those portions of C and D lying within a parcel of land 15 situate in the City of Carlsbad, being a portion of Section 31 Township 11 south, Range 4 west San Bernar^ .10 lg Meridian and portions of Lots 19, 20 and 33 and of ' Eucalyptus Street according to Map 1136 filed in San 17 Diego County, ig i WHEREAS, at said hearing, upon hearing and considering al. 19 ij testimony and arguments, if any, of all persons desiring to be !t 2Q ji heard, said Commission considered all factors relating to CUP-234. 21 jj NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission of the City of Carlsbad as follows: 23 (A) That the foregoing recitations are true and correct. 24 (B) That based on the evidence presented at the public hearing, tht Commission APPROVES CUP-234, based on the following findings 25 and subject to the following conditions: 26 27 28 3 will be utilized. 4" 5 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 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..10 Conditions: 12 1) Approval is granted for CUP-234, as shown on Exhibit "A", 13 dated September 14, 1983 incorporated by reference and on i! file in the Land Use Planning Office. Development shall 14 ; occur substantially as shown unless otherwise noted in these conditions. 15 2) This conditional use permit is granted to the Woolworth 16 18 Company and is not assignable to any other owner or lessee of the building. 17 3) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and all sign 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 i| Land Use Planning Manager on a yearly basis to determine if 22 23 all conditions of this permit have been met and that the use does not have a significant detrimental impact on surround- ing properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such 24 ij significant adverse impacts, the manager shall recommend that jj the Planning Commission, after providing the permittee the 25 ! opportunity to be heard, add additional conditions to mitigate i the significant adverse impacts. This permit may be revoked 26 i! at any time after a public hearing, if it is found that the I use has a significant detrimental affect on surrounding land 27 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- 1 any time after a public hearing, if it is found that the use 2 3 4 5 6 7 8 11 12 13 has a significant detrimental affect on surrounding land u and the public's health and welfare, or the conditions imp«. ed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon writtei 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. 7) The second entrance as shown on Exhibit "A" shall be used as an emergency exit only and shall not be used to provide a separate entry to the game room area. 14i;8) The maximum number of machines permitted on the premises is thirty-nine. 15 9). Prior to the opening of the arcade, the applicant shall enter16 17 into an agreement with the Police Department that the applicant will provide uniformed security guards in the arcade if deemed necessary by the Chief of Police. Any security guard required pursuant to this condition shall not substitute for an adult 18 j 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 ! 21i14th day of September, 1983, by the following vote, to wit: j 22 j AYES: Chairman Schlehuber, Commissioners Marcus, Lyttleton, Farrow, Friestedt and Rawlins.23 NOES: Commissioner Rombotis. 24 !, |i ABSENT: None25 26 | CLARENCE SCHLEHUBER, Chairman II CARLSBAD PLANNING COMMISSION 27 (ATTEST: 28 HAEL J. HQLZfLAND USE PLANNING MANAGER I RESO NO. 2176 -3- R. THOMAS WOOD ATTORNEY AT LAW 3S5O PIO PICO DRIVE, SUITE H P. O. BOX IS45 CARLSBAD, CALIFORNIA SSOOSOeeO TELEPHONE ISI9) 729-1159 October 18, 1984 Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Woolworth's COP - 234 Dear Planning Commissioners: I have been retained to represent the interests of F. W. Woolworth Company with regard to the above-referenced Conditional Use Permit to be heard on October 24, 1984. I enclose herewith the following exhibits: 1. A letter from George Molifua dated October 18, 1984. 2. A letter from F. W. Woolworth Company to Chris Calderon, Manager of Plaza Camino Real, dated August 14, 1984. 3. Sixteen letters from patrons of the fun center. As you are well aware, on September 14, 1983, a Conditional Use Permit was granted allowing the operation of a video arcade on several conditions, including that the use not have a signifi- cant detrimental impact on surrounding properties or the public health or welfare. The Conditional Use Permit further provided as follows: "If the Land Use Planning Manager determines that the use has such significant adverse impacts, the Manager shall recommend that the Planning Commission, after providing the per- mittee the opportunity to be heard, add additional conditions t£ mitigate the significant adverse impacts." After the issuance of the Conditional Use Permit, F. W. Woolworth Company invested substantial sums of money in remodel- ing and in obtaining the video equipment and has operated the fun center continuously since that time. According to Chris Calderon, General Manager of Plaza Camino Real, several tenants have complained of large groups of young people congregating at the bottom of the stairs outside the fun center and engaging in certain illegal activities such as pan- handling. Based upon these facts, it is being recommended by staff and the Chief of Police that the Conditional Use Permit not be renewed. Planning Commission October 18, 1984 Page Two F. W. Woolworth Company is as concerned with the problem in the common area as the other tenants and would like to see the problem solved. In fact, P. W. Woolworth Company has already taken the following steps: 1. The Molifua Security Service has been engaged by F. W. Woolworth Company to patrol as described in Mr. Molifua's letter attached hereto. 2. The following rules have been posted in the fun center: A. Positively no smoking. B. Food and beverages are prohibited. C. Rowdy, boisterous conduct or use of vulgar, offen- sive language will not be tolerated. D. Minors are not permitted in fun center during school hours, on school days. 3. Meetings have been held with Ms. Calderon and Chief Jimno to obtain their views on the problem. 4. F. W. Woolworth Company has offered to Plaza Camino Real to be responsible for the cost of additional security in the area outside of the fun center. (See letter dated August 14, 1984 from W. T. McDonald, Manager of F. W. Woolworth Company.) In addition, the undersigned has personally met with Chief Jimno. The Chief expressed that he feels any security patrol should be willing to act as the "eyes and ears" of the police department. As outlined in Mr. Molifua's letter, the private security hired by F. W. Woolworth Company is willing to do so. The undersigned also met with Bill Hofman and Paul Klukas of the Planning Staff. They have expressed that staff's position is that this is an appropriate use to be allowed within the mall, but they share the concern of the Chief of Police with regard to the activity complained of outside the fun center. Therefore, it would seem appropriate to seek a solution to the problem short of closing down a legitimate business. F. W. Woolworth Company requests that the Conditional Use Permit be renewed with the following additional conditions: 1. F. W. Woolworth Company will provide private security during the hours and subject to the other provisions outlined in Mr. Molifua's letter. During school vacations, the hours of the private security will be expanded to cover all hours that the Planning Commission October 18, 1984 Page Three mall is open. If the Carlsbad Police Department suggests hours other than those currently being worked, those suggestions should be incorporated into this condition. 2. If a serious problem should occur, the fun center will be closed for a minimum of two hours. 3. The Conditional Use Permit will be reviewed in 90 days to determine if substantial progress has been made to alleviate the problems. I believe that these measures will correct the situation complained of by the tenants. Since I have been involved in this matter, I have walked through the common area outside the fun center on several occasions during non-school hours and it appears that the Molifua Security Patrol has had a substantial positive impact. On behalf F. W. Woolworth Company, I invite each of you personally to visit the area during non-school hours before the hearing on this matter. If any of you have any questions or additional suggestions, please do not hesitate to contact me. Yours truly, R. THOMAS WOOD RTW/mlk Encls. October 18, 1984 Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Woolworth's CUP - 234 Dear Commissioners: This letter will confirm that the G. M. Molifua Security Patrol has been hired by Woolworth's at the Plaza Camino Real to be responsible for patrolling their fun center. Our hours at the present time are as follows: Monday through Friday 4:00 p.m. to 9:00 p.m. Saturday 11:00 a.m. to 6:00 p.m. Sunday Noon to 5:00 p.m. We have two security personnel on the premises during these hours. We have been instructed regularly to patrol the inside of the fun center and continually to make our presence obvious at or near the entrance from the common area into the fun center. We are also available to patrol the common area immediately outside the fun center, subject to consent from the May Company. We have been and will continue to be aware of any violations of the law inside or outside the fun center and will immediately contact the Carlsbad Police Department of any such violations. Our personnel will make themselves available to cooperate with the police as witnesses and complainants whenever necessary. George n p. w. wooiivoom COL 2525 - Sulto 100 0 CSsritfaa Plaza - Camlno Real S/jC Cariebcd, Cdtf, 92003 Chris Calderon, Manager Plaza Caralno Real Carlsbad, Cfl August Dear Chris: This letter is to confirm dur conversation of Aupust 9, 19*U: Woolworths will be responsible fot the cost of the recently added special Security in the area outside of the FUfo CENTER beginning from August 1,1984. This will include any special security that you deem necessary ag well as the added cost of the regular Mall Security Force assigned*to this area/ i' i Yours Truly, W.T. McDonald , Manager. Woolworths, 7 '-~ C /T ^/tsi i —C ,£?<.*. ^T Y- ,^ \a_\j / " ' • J ' v; A yv-> ct \<^ o" i. o-? vina --fc roes ,Vn r«Ov. rns r \ V\as a ip\9ce -to IT uJ3U\ -" 7 - 2 / Zl ooryo I'Rll /A h |cV " 3637 To /00f 50 A ifes) tfr Ofcnui Ju^L <KjL 3JB(o T/lorr/i C'C£/x4^? -f0 \flHv>M >'/" fail J Should <eo, V. ^/ 16 DO M (Ms/, £> f-Mtt* Q £ /<553<?f .tlC 7 - 15 APPAI 0 F fo 0 UexJoO r l flf C V ^>m an c,7c/ ©.ire. A? ^aft1 " f<M a II h /V.i Q n-io a fa c 00* fare.. .a I Any ^'/ver£ /' & cc < , XT We the below signed merchants of Plaza Camino Real are requesting that something be done (specifically the removal of the Fun Center) about the disruptive element now frequenting the center. We have lost regular customers and potential business due to the disruption of the juveniles in and around the arc-ade. Our customers as well as ourselves are subjected to rowdy behavior, obscene and vulgar actions and language. The situation can no longer be tolerated. I November 19, 1984 Ann Kulchin, Councilwoman City of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008 Dear Councilwoman Kulchin, Plaza Camino Real r / I0/^r On August 31, I sent a letter addressed to the Planning Commission regarding Woolworth's Conditional Use Permit #234. At that time I asked for a review of the permit due to the arcade's detrimental effect on the tenants in the area. In that letter I briefly explained that since the arcade's opening Plaza Camino Real has suffered a 900% increase in the number of calls and disturbances in that area. This was based (at the time of the letter) on 9 months operation of the arcade versus the previous 12 months. The Woolworth arcade has now been in operation nearly a year. The problems with juveniles are cyclical in nature with a direct correlation to school hours, holidays, and vacations. The problems began last Christmas vacation but tapered off in the Spring, increased again during Spring vacation and again tapered off until the summer. It was during the summer months that we experienced the greatest number of incidents in the area, and the greatest number of customer and merchant complaints. The summertime problems were so numerous that we added staff to ou?~7rTte*maJ security. Later in the summer we also contracted an outside security service. A Carlsbad Police Business Liason was established and his hours, though not fulltime, were added. The extra security and the addition of Carlsbad Police were not able to control the problem. Now that school is back in session, the problems have once again diminished but have not gone away. Currently we are in the lull before the storm. As retailers, the Christmas season is our most critical season. It is during this time that nearly 25% of our business is done in a 5-6 week period. a representative of the landlord, it is my opinion and that of our merchants and many of our customers, that the arcade is the core of the juvenile problems. When our security staff breaks up a congregation immediately in front of the arcade, many return to the arcade while others leave the property only to return within the hour. 2525 El Camino Real, Suite 202, Carlsbad, California 92008 (619) 729-7927 Woolworth Arcade November 19, 1984 Page 2 The problem of panhandling by juveniles is only found in the immediate vicinity of the arcade. This can be attributed to the need for arcade video money. I will not go on and on about the other incidents in the mall unless any of you have particular or specific questions. I ask that you revoke the Conditional Use Permit for the F.W. Woolworth's video arcade due to it's detrimental impact on the surrounding area. iristine Calderon General Manager CC:sa R. THOMAS WOOD ATTORNEY AT LAW .•(vio i-io PICO nmvi , ',uiri M P. O. BOX IS4S CARLSBAD, CALIFORNIA e2OO8-O2BO TELEPHONE (SI9I 729-1159 November 15, 1984 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Woolworth's CUP - 234 Dear City Councilors: I have been retained to represent the interests of F. W. Woolworth Company with regard to the appeal of the revocation of the above-referenced Conditional Use Permit scheduled to be heard on November 20, 1984, I enclose herewith the following exhibits:•/ 1. Twenty-two letters from patrons of the Fun Center. 2. A letter from F. W. Woolworth Company to Chris Calderon, Manager of Plaza Camino Real, dated August 14, 1984. 3. Article from Morning Press of November 14, 1984. 4. List of businesses in mall which attract young people. 5. A Notice to Patron form provided by Sunnyvale Town Center. BACKGROUND On September 14, 1983, a Conditional Use Permit was granted allowing the operation of a video arcade on several conditions, including that the use not have a significant detrimental impact on surrounding properties or the public health or welfare. The Conditional Use Permit further provided as follows: "If the Land Use Planning Manager determines that the use has such significant adverse impacts, the Manager shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional cpnditions ££ pitigate £Jie. significant adverse impacts." After the issuance of the Conditional Use Permit, F. W. Woolworth Company invested substantial sums of money in remodel- ing and in obtaining the video equipment and has operated the Fun Center continuously since that time. City Council November 15, 1984 Page Two According to Chris Calderon, General Manager of Plaza Camino Real, several tenants have complained of large groups of young people congregating at the bottom of the stairs outside the Fun Center and engaging in certain illegal activities such as pan- handling. She also claims there has been a 900% increase in "incidents" during the time that the Fun Center has been open. One of the Planning Commissioners was critical of our failure to rebut this contention. Since the hearing before the Planning Commission, the undersigned has requested of Chris Calderon access to her records which establish the 900% increase. She has informed me that they will not allow access to said records. Staff's position, as expressed in a meeting with the under- signed, is that the Fun Center is an appropriate use for the C-2 Zone in the mall but, because Chief Jimno feels that the Fun Center is an "attractive nuisance" that creates public health, welfare, and safety problems, the permit should be revoked. Chief Jimno has} officially recommended that the Conditional Use permit be revoked. His basis for his recommendation essen- tially is that before the Fun Center existed, the problems that stimulated the revocation action did not exist to the degree that they did after the Fun Center opened. Chris Calderon, Chief Jimno and Officer Galloway, liaison officer to Plaza Camino Real, all acknowledge that the "problems" have markedly decreased recently. There have been virtually no such problems in front of the Fun Center although there have been a few in the vicinity of Carl's Jr. They attribute this improvement to the facts that this is a "slow time of year" at the mall, beefed-up security by the mall, and that one key trouble-maker is in custody. However, F. W. Woolworth believes that a significant factor is the presence of private security provided at the entrance of the Fun Center and highly visible from the bottom of the stairway outside the Fun Center. At the hearing before the Planning Commission on October 24, 1984, F. W. Woolworth was requesting that the permit be modified by adding the following conditions: 1. F. W. Woolworth will provide private security during certain specified hours (essentially non-school hours), subject to suggestion by the Carlsbad Police Department to modify said hours. 2. If a serious problem should occur, the Fun Center will be closed for a minimum of two hours. City Council November 15, 1984 Page Three 3. The Conditional Use Permit will be reviewed in 90 days to determine if substantial progress has been made to alleviate the problems. The Planning Commission voted 4 to 2 to revoke the permit (a 3-3 vote would have left the permit in effect). In reviewing notes and a tape recording of the Planning Commission hearing, it has been noted that, even those who voted for revocation had some sympathy for our position. Specifically, one Commissioner who voted for revocation stated that "this is a good business and it is a darned shame that a few have to spoil it for everybody," but felt that he simply could not ignore a petition signed by sixty businesses in the mall. Another who voted for revocation seemed to be inclined to provide Woolworth with time to show that measures can be taken to correct the problem, but felt that ninety days was too long because it would take it through the* Christmas season. After some discussion regarding our right £o appeal to the City Council and the timing thereof, it was concluded that an appeal process would provide Woolworth with an additional forty to fifty days (it turned out to be twenty-seven days) and, if our measures would alleviate the problem, we would have sufficient time to demonstrate that fact. ACTION ALREADY TAKEN BY P. W. WOOLWORTH F. W. Woolworth Company is as concerned with the problem in the common area as the other tenants and would like to see the problem solved. Woolworth originally approached the May Co. in January, 1984 and expressed concern about the problem at the foot of the stairs. The entire store has recently been refurbished at substantial expense and William McDonald, manager of Woolworth's store in the mall, has had some customers complain about the congregation of strange-looking young people. F. W. Woolworth wants to see the problem solved just as much as any other tenants of the mall, but is not convinced that the presence of the Fun Center caused the problem nor that closing the Fun Center will magically make the problem disappear. F. W. Woolworth Company has already taken the following steps: 1. The Molifua Security Service has been engaged by F. W. Woolworth Company to patrol during non-school hours, including full-time during vacation days. 2. The following rules have been posted in the Fun Center: A. Positively no smoking. City Council November 15, 1984 Page Four B. Food and beverages are prohibited. C. Rowdy, boisterous conduct or use of vulgar, offen- sive language will not be tolerated. D. Minors are not permitted in Fun Center during school hours, on school days. 3. Meetings have been held with Ms. Calderon and Chief Jimno to obtain their views on the problem. 4. F. W. Woolworth Company has offered to Plaza Camino Real to be responsible for the cost of additional security in the area outside of the Fun Center. (See letter dated August 14, 1984 from W. T. McDonald, Manager of F. W. Woolworth Company.) In addition, the undersigned has personally met with Chief Jimno. The Chief expressed that he feels any security patrol should be willing to act as t£e "eyes and ears" of the police department. He has expressed concern that, in the past, some of the merchants in the mall have not been willing to become involved as complaining witnesses when crimes are committed. In fact, at the Planning Commission hearing, an event was described in which a young man urinated in the plants at the bottom of the stairway, apparently when one of the mall security men was nearby. As described, the security officer did not call the police but chose to attempt to remove the offending individual from the mall instead. After a physical altercation occurred, the police were called. The Chief has requested that any security personnel involved be willing to be the "eyes and ears" of the police and be willing to call the department and be willing to become involved as complaining witnesses, if requested. The Molifua Security Service is willing to do so. It is submitted that, unless the offending group of people know that the police are going to be called and arrests are going to be made, there will be no deterrence of the offensive activities. ADDITIONAL SUGGESTED ACTION F. W. Woolworth is sensitive to the concern for the Christmas season and is, therefore, willing to close the Fun Center for the month of December, even if the Conditional Use Permit is not revoked. We have supplied to the May Co. and the police department the enclosed form which is entitled "Notice to Patron" which is used by the Sunnyvale Town Center. It is suggested that, since the real problems seem to be caused by a relatively few people, the use of this form be considered. Penal Code section 602(1) provides that a person is guilty of trespass if he enters and City Council November 15, 1984 Page Five occupies real property or structures of any kind without the consent of the owner, the owner's agent, or the person in lawful possession. The undersigned discussed with Robert Doherty, General Manager of Sunnyvale Town Center, the use of this form and he indicated that it has been very successful. F. W. Woolworth is open to considering any other suggestions to help alleviate the problem. CONCLUSION It is submitted that "the problem" has not necessarily been created by the existence of the Fun Center and that it is a relative few of the "punkers" that cause problems (see the enclosed Morning Press article). In addition, it;";'is suggested that the current measures are certainly having a st'rong impact on alleviating the problem. Also, simply closing the Fun Center will not make the "punkers" suddenly go elsewhere. In fact, many businesses in the mall attract them as customers (see the enclosed list of busi- nesses which attract this type of youngster). It is submitted that, considering the language in Condition Number Four of the permit, considering the major investment by F. W. Woolworth, considering the lack of proof of cause and effect, considering the recent improvement of "the problem," considering the spirit of cooperation in which Woolworth has approached this situation, considering Woolworth's willingness to close the Fun Center for the month of December, and considering what is fair, that the Conditional Use Permit should not be revoked. It is suggested that the permit not be revoked, but that the following conditions be added: 1. F. W. Woolworth Company will provide private security during certain specified hours (essentially non-school hours). 2. Said private security will call the Carlsbad Police Department upon the observance of any criminal activity and cooperate as an arresting citizen and/or witness, when requested. 3. If a serious problem should occur, the Fun Center will be closed for a minimum of two hours. City Council November 15, 1984 Page Six 4. The Fun Center will be closed during the month of December, 1984, but may re-open on January 2, 1985. 5. The Conditional Use Permit will be reviewed by the Land Use Planning Manager on or about April 1, 1985 with regard to whether the use is having a significant detrimental impact on surrounding properties or the public health or welfare. In addition, F. W. Woolworth Company is interested in any other suggestions. We ask that each of you, if possible, prior to the meeting of November 20, personally visit the Fun Center and seriously consider whether simply closing it will be effec- tive or fair. Please feel free to contact the undersigned with any ques- tions or suggestions. You may reach me at my above office number or at home, 729-2851. If you cannot reach me, please leave a message on my office* answering machine. Yours truly, R. THOMAS WOOD RTW/mlk Encls. Nineteenth October, 1984 To whom it may concern: I am writing in regard to the hearing which will consider the closing of the video arcade at Woolworth's, Plaza Cam- ino Real, Carlsbad. I am a young Episcopal priest and live in nearby Oceanside. One of the ways that I relax on my day off is (after pulling weeds and running errands) to go to the mall and play a par- ticular game in the arcade. For me, it is a harmless form of recreation which does not cost alot of money. The young men and women who frequent the arcade are always well be- haved and considerate. There have been some young people around lately that are a bit frightening to behold. Once you get beyond the bizarre appearence they present, however, one realises that they usually keep to themselves. From my own perspective, they do not inhibit my using the arcade or any other shop. Should the arcade be moWed elsewhere, I doubt that I would frequent the mall as ofte4i as I do. I would certainly have no reason to have my breakfast at Bob's resteraunt, or browse through the booksellers. I would not eat lunch At Carl's, have my noontime coffee at the Coffee Merchant's or shop for home items at the May Company or the Broadway. There is a deeper issue, I believe. Shopping malls are one of the few areas of "public space" left to us, though they are private property. In a well-homogenised society one expects to see a few outlandish styles, as well as a mix between generations. To deliberately attempt to exclude some people whose styles are not our own is, in my estima- tion, to discriminate on the most superficial of grounds. It does strike me as ironic that these young people, who are trying to make a break with middle-class values and styles, should choose that most magnificent cathedral to the god of materialism and consumerism: the shopping mall. Please do not force the closure of the video arcade because of a few "wierd" young people. They don't chase this priest away, but the closing will. I would rather they all wore button-down shirts but, failing that, would rather they were allowed to remain in the public, in an open and inter-gen- erational environment. Hoping that you will consider leaving the arcade open, I remain, Faithfully you,r~S), 4fr£ (Fr.) Stephen Powers 1854, Purdue Court Oceanside 758-2088 >,, /j xv/fr df Lc\ <?/e o/ ?(*///?// X us\,<i z j € j^ /.V <? *#<*<« f>< -f J *#<*<« ><* & & $LA4^_ f e A ^ **' io At' vj-o 1\ i UA-& v H 'V iur V i~- c • 'PS?? / C~ s??-^ c/ /-/* ^s? 4-* ^ < 7"£- -S>r^C->.&/-£. ^/- -S /t^0m? /t 0 A ^-7^^/A- ^7 <?r--i ^x? <?&*/r-*i: <*<~. r /siy C-* lO r /£tflA Cr flf CGrl5/>Qcfi fa i X &CC& s!o*/\ a lly b ri e ll £<?*^<z h t/ifl . Ol S)& I /I c o t . / ffty id t h ere a y -5 20 A A.M. - is " TO ••*^ /S <*/:f Qrtf T 'o a fa "* >s ff CQ / f£- 4 - 53;3 <?ao2 7 c& uu^cwJ& %s> <&> ^<M 'LtV V V 4±^+* ' u^UUL ^ti& '*<^ooOr~ -^U ^vO^tv 3 v >-~^> ^L S&^£> s7stsl^-t>--^-^\ ~~ C^>*A-'V*'\, ,X& ,r^Lf> Sarnie// ' 4&^. ^^/- J 2% -3637 rc fo your *y la u ••4 \ - vn to 137 / a '-ie -sr re \T\CK. oo-; ra<s»^ 'o tro^bte , ^ -ard oV rr^AL to O\<^V cav-oec. \ V\as a ptece to cp as*. v x v \1. o , .- ' "p ^- ? ^ V..-y^> 33 W *^. ' ^ ^-^" If / '*/•-/, "fe& s- *>~t—*-" -x y -/.St. Chris Calderon, Manager Plaza Carolno Real Carlsbad, Cn *. w. wooiwosm OQL 2525 - Sulto 100 3 CbrifaO Plaza - Camtno Real S/jC Cariibod. Grift 92009 August 14,1984 Dear Chris: ' ' - > ' , ' ' • : ' , • » This letter-is to confirm dur conversation of August 9, 1984s Woolworths will be responsible fpf the-cost of the recently added special , ' 1 • * ' • : Security in the area outside of the FUN CENTER beginning from August 1,1984. This will include any special security that you deem necessary as well as the added cost of the regular Mall Security Force assigned*to this area/ •'i '. .1 . • \ p _,''•* _'.!,' Yours ;,Truly, W.T. McDonald , Manager. Woolwortha. MORNING PRESS Wednesday, November 14, 1984 Some Plaza Camino Real merchants claim "punk" youths as these have an adverse Robert Faaborg I Morning Press effect on business. Others disagree, even labelling the teen-agers as "quiet and shy." Punkers a problem? Teens are, aren't in Carlsbad malJL By TONY SIN- * of the Morning Press CARLSBAD - While 68Plaza Camino Real merchants have banded together in an effort to have the video arcade at Wool/worth's removed, claiming it is attracting an undesirable crowd of "Punk" teen-agers, many other businesses slate that the teens are not causing any trouble at the shopping mall. Punk teen-agers are noted for their unusual hairstyles and clothing, which set them apart from their peers. Often the multi-cplored hair- dos and leather attire draw curious looks from passersby. Mike Pappas, manager of the Docktor Pet Center, said he had noticed a decrease in the number of Punk teen-agers at the mall in the recent week. But even when they were there congregating at the east end of the mall (where the arcade is located), he said, "they come in, but don't bother anyone." Mitch Minnor, an employee ut The Edge cutler} shop, said, "They aren't hurting anyone .but themselves." He also noted that they rarely entered The Edge. When they do, he added, "they don'jl •'• cause any trouble.'** • • Barbara Klapp, an employee of Slavik's jevverly store, was adamant in her opinion of thetroubleca used for Punk teen- agers, "It's absolutely ridiculous," she said. "They have no affect on the mall merchants. They're just kids doing their thing. They're pretty quiet and shy." Bill Bently of Boot World, on the upper deck of the mall, said the teen-agers were actually increasing his business. He held up a pair of black engineer boots, saying, "You'll see most of theni wearing shoes like these," J Phyllis Rivera, manger of the House of Al- monds, another business on the top floor, said the teens walk by but do not cause any trouble. "This crowd is in every mall, right now," said Russ Kearns of Wool worth. "Some of the mer- chants are bothered because of their clientele preference. They are intimidated." Wool worth, at the present time, has a condi- tional use permit to operate a video arcade in the mall. This is the arcade which the 68 mer See PUNKERS/Page 3 Continued on Next Page PUNKERS: A mall problem? CONTINUED / From Front Page Hants claim ;os drawing thu undesirable crowj}. However, a look inside the arcade Friday afternoon revealed a crowd of Marines and teen-agers playing the video games, There were none that could be classified as Punkers. Kearns said that even if the ar- cade was removed from mall, the Punkers would still be loitering in the mall. "The mall gives them some place to hang out," he said. • Because of pressure exerted by the 68 mall merchants, the Carlsbad Planning Commision revoked Woolworth's arcade permit. How- ever, store officials have appealed, and the arcade will remain open until the City Council makes a deci- sion. Previously, Police Chief Vincent Jimno said that so far, there have not been any arrests. However, there have been some Punk- associated problems. A merchant reported that one of the punkers had passed out on a display 'waterbed upstairs and had to be removed by mall security. Another said he had seen some Marines and Punkers get into an argument that nearly ended up in a fist-fight. ' Some merchants, closer to the east end of the mall, also cited problems created by the Punkers. A Hickory House employee said the teen-agers enter the shop distur- bing customers and taking foatf samples. Another downstairs merchant said the obnoxious behavior of the Punkers was driving away customr ers. ' •-' ....,-..,. BUSINESSES ATTRACTING "PUNKERS" May Co. - socks, dress blouses/ Neon look, Punker denims, Punker vinyl pants, lace look Broadway - Neon look, kids and junior's Punker denims, lace Penney's - Neon look, jelly shoes, underwear, clothing Bullocks - Neon, Lace look, Punker mannequins dressed in denim, Neon Punk look Contempo - socks, clothing, Punker wide belts and buckles Millers - Neon look in clothing, Punker socks, Punker plastic purses, Punker belts Streichers - Punker hi-top boots Boot World - 'Bunker black boots with chain and nail head look Lerners - Punker studded belts, Neon look accessories Chess King - Punker belts with metal attachments Judy's - Punker metal belts, Neon accessories, Punker jewelry and socks Saturday's - Punker Neon look Wherehouse Records Musicland Records Nine Fast Food Restaurants NOTICE TO PATRON To: Address: Date: YOU ARE HEREBY NOTIFIED that the Management, on behalf of the owners of , has revoked and suspended your privilege to enter or occupy the common mall areas of said shopping center for a period of one (1) year. Prior to giving this Notice, Management has requested that you respect and obey the reasonable request of its security guards while at the Shopping Center. Management deems your continued presence at the Shopping Center to subject you to charges of loitering, vagrancy, disorderly conduct and trespassing. IF YOU RETURN TO THE COMMON MALL AREAS OF THE SHOPPING CENTER WITHIN ONE (1) YEAR, MANAGEMENT WILL NOTIFY THE LOCAL POLICE AND HAVE YOU ARRESTED FOR TRESPASSING, PURSUANT TO PENAL CODE 8602(1). HAHN PROPERTY MANAGEMENT CORP. By: Managing Agent for Owners PROOF OF SERVICE I, the undersigned, served a copy of the foregoing Notice to Patron personally to the person named above and mailed a copy of said Notice to Patron to the person, whose name and address is stated above, by depositing said Notice to Patron in an envelope in the United States Mail with postage fully prepaid. I declare under penalty of perjury the foregoing is true and correct and that this declaration is executed on (date) ___ at (place) , California. (Type or Print Name) (Signature of Declarant) November 19, 1984 Richard Chick, Councilman City of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008 Dear Councilman Chick, On August 31, I sent a letter addressed to the Planning Commission regarding Woolworth's Conditional Use Permit #234. At that time I asked for a review of the permit due to the arcade's detrimental effect on the tenants in the area. In that letter I briefly explained that since the arcade's opening Plaza Camino Real has suffered a 900% increase in the number of calls and disturbances in that area. This was based (at the time of the letter) on 9 months operation of the arcade versus the previous 12 months. The Woolworth arcade has now been in operation nearly a year. The problems with juveniles are cyclical in nature with a direct correlation to school hours, holidays, and vacations. The problems began last Christmas vacation but tapered off in the Spring, increased again during Spring vacation and again tapered off until the summer. It was during the summer months that we experienced the greatest number of incidents in the area, and the greatest number of customer and merchant complaints. The summertime problems were so numerous that we added staff to our internal security. Later in the summer we also contracted an outside security service. A Carlsbad Police Business Liason was established and his hours, though not fulltime, were added. The extra security and the addition of Carlsbad Police were not able to control the problem. Now that school is back in session, the problems have once again diminished but have not gone away. Currently we are in the lull before the storm. As retailers, the Christmas season is our most critical season. It is during this time that nearly 25% of our business is done in a 5-6 week period. As a representative of the landlord, it is my opinion and that of our merchants and many of our customers, that the arcade is the core of the juvenile problems. When our security staff breaks up a congregation immediately in front of the arcade, many return to the arcade while others leave the property only to return within the hour. Plaza Camino 2525 El Camino Real, Suite 202, Carlsbad, California 92008 (619) 729-7927 Wool worth Arcade November 19, 1984 Page 2 The problem of panhandling by juveniles is only found in the immediate vicinity of the arcade. This can be attributed to the need for arcade video money. I will not go on and on about the other incidents in the mall unless any of you have particular or specific questions. i ask that you revoke the Conditional Use Permit for the F.W. Woolworth's video arcade due to it's detrimental impact on the surrounding area. fristine Calderon General Manager CC:sa N DIEGO EVENING TRIBUNE November 8, 1984 1-1 "W, For teens, all the malls a stage By Mark Ragan - - ',.'"• Tribune Staff Writer , ,, ; .'; Life began again for Krystal Lynch when she joined the "rock-' crs" and became a mall groupie at Parkway Plaza Center in. El Cajon. • - :'"':[- .-"••' Lynch,: a 16-year-old high •' school dropout, says she met her best friends at the mall and; found out who she was. "I'm a rocker," she says, ."I listen to/ heavy metal .music, and my1 friends are rockers. ''I finally have people who un- ' des stand me, who I can talk to and who will help me," sha says, hugging her boyfriend seated next to her on a mall bench. Lynch wears an earring shaped like a scorpion. Her neck sports a bandanna,'and her T- .shirt shouts the name of her fa- vorite rock group, Iron Maiden, • in bold black letters. She carries the official Satanic Bible with; her at all times, and once site <' kept a pet tarantula, a hairy wolf ! spider that would hang out at the mall with Krystal, and her friends.- v"--'-•" •'•"'•'•-'•*''•.'•<;:••::•:: .n "At fint the security guards Please see hliLLS, A-8 Tccn-afjers hau^ out at El Cajon's Parkway Plaza Cen- ter, a favorite meeting place for the city's "rockers" and "mods." Shopkeepers say the kids rarely cause serious problems but sometimes make customers feel apprehensive. : Tribune [ikutn by Georpe Smith • Kss'WJia^ra.rs-ssi^saasaffiiajssEafia *Malls Continued From f'age 1 didn't like it," she'says, "but after a while they got to like him." She calls her group the rockers. Don't confuse them with the mods, she says, alluding to the mall's con- tingent of punk-rock and New Wave enthusiasts, the. rockers' arch-ene- mies. Together, the rockers and the mods have spawned their own teen culture in Parkway Pla/a and other San Diego County mails, a culture that gives some merchants the jitters. Carlsbad shop owners in the Plaza Camino Real signed a petition asking the Carlsbad Planning Com- mission to close an arcade they de- scribed as a breeding ground for un- kempt teens. Other malls haven't gone that far, but workers and mana- gers admit that kids can give them a headache. / -.''When school lets out, they hit this place like a bomb," says a worker in Parkway's Hallmark store who asked not to be named. "They must bus them in. You've never seen such sights in all your life. The way they dress, the way they'talk — it would curl your hair." *San Diego shares the adolescent problem with every American city and suburb that boasts a mall. A sludy of teen-age behavior in shop- ping centers — the only one of its kind -- says all of the 188 malls it surveyed reported teen-agers hang- ing out. The study, conducted for the International Council of Shopping Centers, reported that 55.9 percent of the mall managers polled did not think teen-agers posed a serious problem. Thirty-four percent labeled the problem as moderate and 4.8 per- cent called it serious. • In San Diego malls, shop owners, workers and managers echo the find- ings of the report. They admit that teens can start trouble and some- times discourage shoppers, but they quickly point out that no serious harm comes from the youth groups. Still, when the subject comes up, some merchants get mad. ;"They create a bad atmosphere for the merchants the way they hang on the railings and shout at customers down below," says Jon Sengstacke, general manager of the Organ Ex- change in National City's Plaza Boni- ta, Shopping Center. "They're like lit- tle V'ug rats taking ov/*>) the mall. When I was a kid, we didn't do this. We played ball." Sengstacke voices the concern of many mall workers and managers, who don't want to banish the kids but fear the shoplifting and occasional violence they bring. Says Fran Houck, manager of Coles bookstore in Plaza Bonita: "It can get scary here at times. Last. Christmas we had a big fight, right out here on the mall between two opposing gangs. Apparently one gang thought the other was intruding on its turf." The experts — police officers, se- curity guards, teachers — say kids descend on the malls for the same reason they drag downtown streets: They have nothing better to do and nowhere else to go. Malls provide places to eat, drink and meet friends. They offer warmth in the winter and cool in the summer. The shopping center study sup- ports this view. , "'....-. "It is apparent that the major ' problem facing adolescents is the : lack of available places which satisfy. a teen-ager's needs for social gather- ings," writes Dr. Martin B. Millison, a Temple University professor of so- cial welfare who directed the re- , search project. But the reasons often go deeper. "It's therapy," says Mira Mesa Mall security guard Lloyd Hunt. Hunt has watched teens for more than three years as director of secur- ity for the shopping center. He says he knows the kids and can sense their moods, their ups and downs. "This becomes their fantasyland, where they can get away from what's bothering them and be what- ever they want," he continues.."A lot of them are lonely and depressed and they just want to be where they can talk to someone. They say, 'Boy, let's go to the mall and meet someone brand new.'" . Lolita Hayward, an employee at Mira Mesa's American Family Book- store, agrees. "These kids aren't bad," she- says from behind her cash register in the Christian book store. "They're very polite when they come in here. I feel sorry for them. Many of their par- ents have to work two jobs to support the house payments, and so the kids have no one to corne home to." Hayward says, that Vjerhaps' it's better that kids go to mails rather j than drive up and down streets, an ; idea that has won some converts in a .. j few police departments. ' Says National City Patrolman Joe i Coyle, who once walked the beat at , Plaza Bonita: "In a way, it's good.. j The kids are in a place where you ; can keep an eye on them. But, by the same token, when it disrupts shop- ping — that's a problem." ; And problems come frequently. Police answered so many calls when the mall opened that they created' a ! separate beat with two police offi- cers for the Plaza Bonita Mall, Coyle says. Before that, "it was a zoo," he says. "We had everything from shop- lifting to loitering to gang fights." Dave Sadlon, manager of Mira Mesa Mall's J.J. Newberry Co., says the teens don't bother him, as long as they don't steal from his store. ; "Sometimes they spend an hour in here just waiting for the clerks to turn their backs," he says. Last year, 1 shoplifters stole $15,000 worth of ' goods, an amount that he describes as "not that bad." i . / . Millison, the professor who con- ducted the study of teens in shopping centers, says that perhaps malls have gotten a bad name for no rea- son. ' , .:... ..'.• The signals sent by teen-agers, by their dress and actions, gives off an air of hostility that is not intended. It's the old story of the older genera- - tion — in this case, customers and some shop owners — react to ah image they don't understand. "The study showed that young peo»' pie reject the value of dishonesty ... and support the same set of values as i does the shopping center manage- • ment," writes Millison, whose study included extensive surveys of teen- agers at malls. That finding and the fact that only a handful of mall managers say teens • pose a serious problem should "dispel the myth that hand-in-hand'. with shopping centers come teen-age problems and teen-related crimes. "Perhaps the shopping center in- dustry and the teen-age population both fall victim to their visibility and their youth in a society in transition from old to new," he wrote. One worker at Plaza Bonita puts it differently. "The kids aren't really that bad. They just don't have par- ents who get them involved. "So we end up as babysitters." : •' • J 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (714) 438-5535 €itp of Cartebab APPEAL FORM I (We) appeal the following decision of the Planning Commission to the City Council: Project name and number (or subject of appeal):^ Woolworth's CUP - 234 Date of decision:10/24/84 Reason for appeal: appellant believes it should be afforded the opportunity to mitigate the significant adverse impacts by the renewal of the Conditional Use Permit with additional conditions, 11/2/84 Date Signature R. THOMAS WOOD Name(Please print) 2850 Pio Pico Drive, Suite H Address Carlsbad/ CA 92008 ffilQ) 729-1159 Telephone Number NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, October 24, 1984, to consider the revocation of"a conditional use permit for a video arcade business on property generally located on the lower level of Plaza Camino Real addressed as 2525 El Camino Real and more particularly described as: Those portions of "C" and "D" lying within a parcel of land situate in the City of Carlsbad, being a portion of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian and portions of Lots 19, 20 and 33 and of Eucalyptus Street according to Map 1136 filed in the County of San Diego. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: CUP-234 APPLICANT: Wbolworth PUBLISH: October 13, 1984 CITY OF CARLSBAD PLANNING COMMISSION Carl's Jr. Plaza Camino Real .2525 El Camino Real, Ste. 161 Carlsbad, Ca 92008 Women's World Plaza Camino Real 2525 El Camino Real, Ste. 155 Carlsbad, CA 92008 Shelli's Plaza Camino Real 2525 El Camino Real, Ste. 157 Carlsbad, CA 92008 Sloan's Plaza Camino Real 2525 El Camino Real, Ste. 153 Carlsbad, CA 92008 Sherman Clay Plaza Camino Real 2525 El Camino Real, Ste. 151 Carlsbad,CA 92008 Zales Plaza Camino Real 2525 El Camino Real, Ste. 147 Carlsbad, CA 92008 Coffee Merchant Plaza Camino Real 2525 El Camino Real, Ste. 145 Carlsbad, CA 92008 The Edge Plaza Camino Real 2525 El Camino Real, Ste. 143 Carlsbad, CA 92008 Magic Razor Plaza Camino Real 2525 El Camino Real, Ste.139 Carlsbad, CA 92008 Flynn's Candle Plaza Camino Real 2525 El Camino Real, Ste.137 Carlsbad, CA 92008 Olde Tyme Cookies Plaza Camino Real 2525 El Camino Real, Ste. 135 Carlsbad, CA 92008 Orange Julius Plaza Camino Real 2525 El Camino Real, Ste. 133 Carlsbad, CA 92008 Gloria Marshall Salon Plaza Camino Real 2525 El Camino Real, Ste. 129 Carlsbad, CA 92008 •• El Camino Photography Plaza Camino Real 2525 El Camino Real, Ste. 125 Carlsbad, CA 92008 Ask Mr. Foster Plaza Camino Real 2525 El Camino Real, Ste. 123 Carlsbad, CA 92008 Chess King Plaza Camino Real 2525 El Camino Real, Ste. 222 Carlsbad, CA 92008 Naturalizer Plaza Camino Real 2525 El Camino Real, Ste. 269 Carlsbad, -CA 92008 . Casual Corner Plaza Camino Real 2525 El Camino Real, Ste. 265 Carlsbad, CA 92008 Charlotte Russe 2525 El Camino Real, Ste.263 Carlsbad, CA 92008 Judy's Plaza Camino Real 2525 El Camino Real, Ste. 261 Carlsbad, CA 92008 Kaleidoscope Plaza Camino Real 2525' El Camino Real, Ste. 259 Carlsbad , CA 92008 The Limited Plaza Camino Real 2525 El Camino R hi, Ste. 257 Carlsbad, CA 92008 Kay's Jeweler Plaza Camino Real 2525 El Camino Real, Ste. 253 Carlsbad, CA 92008 Florsheim Plaza Camino Real 25'25 El Camino Real, Ste. 251 Carlsbad, CA 92008 See's Candy Plaza Camino Real 2525 El Camino Real, Ste. 249 Carlsbad, CA 92008 Joyce Selby Plaza Camino Real 2525 El Camino Real, Ste. 247 Carlsbad, CA 92008 House of Almonds Plaza Camino Real 2525 El Camino Real, Ste. 245 Carlsbad, CA 92008 Weisfields Jeweler Plaza Camino Real 2525 El Camino Real, Ste. 243 Carlsbad, CA 92008 Regal Shoes Plaza Camino Real 2525 El Camino Real, Ste.241 Carlsbad, CA 92008 The Elegant Tub Plaza Camino Real 2525 El Camino Real, Ste. 237 Carlsbad, CA 92008 Merle Norman Plaza Camino Real 2525 El Camino Real, Ste. 235 Carlsbad, CA92008 Stride Rite Plaza Camino Real 2525 El C.mino Real Carlsbad, CA 92008 Foxmoor Plaza Carnino Real 2525 El Camino Real, Ste. 224 Carlsbad, CA 92008 Laufer's Plaza Camino Real 2525 El Camino Real, Ste. 226 Carlsbad, CA 92008 The Bank Store Plaza Camino Rsal 2525 El Camino Raal,-Ste. 228 Carlsbad, CA 92008 Tops & Trousers - Plaza Camino Real 2525 El Camino Real, Ste. Carlsbad, CA 92008 Jessop's Plaza Camino Real 230 2525 El Camino Real, Ste. 240 Carlsbad, CA 92008 Wilson's Suede Plaza Camino Real 2525 El Camino Real, Ste. 244 Carlsbad, CA 92008 A.T.C. Factory Plaza Camino Real 2525 El Camino Real, Ste. 246 Carlsbad, CA 92008 Swensen's Plaza Camino Real 2525 El Camino Real, Ste. 254 Carlsbad, CA 92008 Glendale Savings Plaza Camino Real 2525 El Camino Real, Ste. 250 Carlsbad, CA 92008 B.J.'s Pizzeria Plaza Camino Real 2525 El Camino Real, Ste. 256 Carlsbad, CA 92008 5-7-9 Shops Plaza Camino Real 2525 El Camino Real, Ste. 258 Carlsbad, CA 92008 Pigeons Plaza Camino Real 2525 El Camino Real, Ste.260 Carlsbad, CA 92008 Fanfare Shoes Plaza Camino Real 2525 El Camino Real, Ste. 262 Carlsbad, CA 92008 Bon Jour Plaza Camino Real • 2525 El Camino Real, Ste.264 Carlsbad, CA 92008 Country Gent Plaza Camino Real 2525 El Camino Real, Ste. 268 Carlsbad, CA 92008 Mother Maternity Plaza Camino Real 2525 El Camino Real, Ste. 270 Carlsbad, CA 92008 Lerner Shops Plaza Camino Real 2525 El Camino Real, Ste. 289 Carlsbad, CA 92008 Walden books Waldenbooks Plaza Camino Real 2525 El Camino Real, Ste. 285 Carlsbad, CA 92008 Richard's Luggage Plaza Camino Real 2525 El Camino Real, Ste. 281 Carlsbad, CA 92008 Squire's Plaza Camino Real 2525 El Camino Real, Ste. 279 Carlsbad, CA 92008 Hot Feet Plaza Camino Real 2525 El Camino Real, Ste. 277 Carlsbad, CA 92008 Freeman Shoes Plaza Camino Real 2525- El Camino Rael, Ste. 275 Carlsbad, Ca 92008 Wild Pair Plaza Camino Real 2525 El Camino Real, Ste. 273 Carlsbad, CA 92008 Fashion Conspiracy Plaza Camino Real 2525 El Camino Real, Ste. 271 Carlsbad, CA 92000 Total Fitness Plaza Camino Real 2525 El Camino Real, Ste.106 Carlsbad, CA 92008 Organ Exchange Plaza Camino Real 2525 El Camino Real, Ste. 122 Carlsbad, CA 92008 The Gap Plaza Camino Real 2525 El Camino Real, Ste. 118 Carlsbad, CA 92008 Summit Stationers Plaza Camino Real 2525 El Camino Real, Ste. 124 Carlsbad, CA 92008 Pier 1 Imports Plaza Camino Real 2525 El Camino Real, Ste. 120 Carlsbad, CA 92008 Toy World Plaza Camino Real 2525 El Camino Real, Ste. 126 Carlsbad,CA 92008 Buster Brcwn Plaza Camino Real 2525 El Camino Real, Ste. 134 Carlsbad, CA 92008 Lorien Gallery Plaza Camino Real 2525 El Camino Real, Ste. 136 Carlsbad, CA 92008 Footsoene Plaza Camino Real 2525 El Camino Real, Ste.138 Carlsbad, CA 92008 May co. 2525 El -Camino Peal Carlsbad, CA 92008 2525 El Camino Real Carlsbad, CA 92008 2525 El Camino Real Carlsbad, CA 92008 Sears* Plaza Camino Real 2525 El Camino Real Carlsbad, CA 92008 Bullocks Plaza Camino Real 2525 El Camino Real Carlsbad, CA 92008 "Arnold's Jewelers Plaza Camino Real, Ste. 119 2525 El Camino Real Carlsbad, ca 92008 B. Daltcn Bookseller Plaza Camino Real 2525 El Camino Real, Ste. 105 Carlsbad, CA 92008 Bill,Gambles Mens Wear Plaza Camino Real 2525 El Camino Real, Ste, 201 Carlsbad, CA 92008 Bob's Big Boy Plaza Camino Real 2525 El Camino Real, Ste. 101 Carlsbad, CA 92008 Bridal Showcase Plaza Camino Real 2525 El Camino Real, Ste. 225 Carlsbad, CA 92008 Cloud "9" Plaza Camino Real 2525 El Camino Real, Ste. 117 Carlsbad, CA 92008 Contempo Casuals Plaza Camino Real 2525 El Camino Real, Ste. 213 Carlsbad, CA 92008 Cook's Corner Plaza Camino Real 2525 El Camino Real, Ste. 231 Carlsbad, CA 92008 Craft Company Plaza Camino Real 2525 El Camino Real, Ste. 115 Carlsbad, CA 92008 ' Daniels Jewelers Plaza Camino Real 2525 El Camino Real, Ste. 219 Carlsbad, CA 92008 Dockter Pet Center Plaza Camino Real 2525 El Camino Real, Ste. 142 Carlsbad, CA 92008 Dr. Locken, Optometrist Plaza Camino Real. 2525 El Camino Real, Ste. 223 Carlsbad, CA 92008 Earthcraft Plaza Camino Real 2525 El Camino Real, Ste. 215 Carlsbad, CA 92008 Fashion Crossroads Plaza Camino Real 2525 El Camino Real, Ste. Ill Carlsbad, CA 92008 Finell's Jewelers Plaza Camino Real 2525 El Camino Real, Ste. 208 Carlsbad, CA 92008 Fotomat Plaza Camino Real 2525 El Camino-Real, Ste. 2.21 Carlsbad, Ca 92008 Hallmark Carousel Plaza Camino Real 2525 El Camino Real, .Ste. 112 Carlsbad, CA 92008 •Hardy Shoes Plaza Camino Real 2525 El Camino Real, Ste.121 Carlsbad, CA 92008 Hickory Farms #1 Plaza Camino Real 2525 El Caroino Real, Ste. 107 Carlsbad, CA 92008 House of Fabrics/Singer Plaza Camino Real 2525 El Camino Real, Ste. 114 Carlsbad, CA 92008 Jeans West Plaza Camino Real 2525 El Camino Real, Ste. 211 Carlsbad, CA 92008 Kinney Shoes Plaza Camino Real 2525 El Camino Real, Ste. 104 Carlsbad, CA 92008 Leed's Plaza Camino Real 2525 El Camino Real, Ste. 220 Carlsbad, CA 92008 Marsi's Plaza Camino Real -2525 El Camino Real, Ste. 204 Carlsbad, CA 92008 Miller's Outpost Plaza Camino Real 2525 El Camino Real, Ste. 214 Carlsbad, CA 92008 Modern Woman Plaza Camino Real 2525 El Camino Real, Ste. 203 Carlsbad, CA 92008 Musicland Plaza Camino Real 2525E1 Camino Real, Ste. 109 Carlsbad, Ca 92008 Orient Express Plaza Camino Real 2525 El Camino Real, Ste. 207 Carlsbad, CA 92008 Pe tries Plaza Camino Real 2525 El Camino Real, Ste. 216 Carlsbad, CA 92008 Radio Shack Plaza Camino Real 2525 El Camino Real, Ste. 218 Carlsbad, CA 92008 Steppin1 Out Plaza Camino Real 2525 El Camino Real, Ste. 205 Carlsbad, CA 92008 Streicher's Plaza Camino Real 2525 El Camino Real, Ste. 209 Carlsbad, CA 92008 Thorn McAn Plaza Camino Real 2525 El Camino Real, Ste. 212 Carlsbad, CA 92008 Tobaooolane Plaza Camino Real 2525 El Camino Real, Ste.102 Universal Boot Plaza Camino Real 2525 El Camino Real, Ste. 113 Rainbow- Plaza Camino Real 2525 El Caraino Real, Ste. 140 Carlsbad, CA 92008 Drakes Salad Bar Plaza Camino Real 2525 El Camino Real, Ste.142 Carlsbad, CA 92008 a j.ce uream Plaza Camino Real 2525 El Camino Real, Ste. 144 Carlsbad,CA 92008 Hickory Farms #2 Plaza Camino Real 2525 El Camino Real, Ste. 146. Carlsbad, CA 92008 Expressions Plaza Camino Real 2525 El Camino Real, Ste. 148 Carlsbad, CA 92008 T-jherehouse Plaza Camino Real 2525 El Camino Real, Ste. 150 Carlsbad, CA 92008 Bread Factory Plaza Camino Real 2525 El Camino Real, Ste. 154 Carlsbad, CA 92008 Footlocker Plaza Camino Real 2525 El Camino Real, Ste. 156 Carlsbad, CA 92008 The Hot Dog Experience Plaza Camino Real 2525 El Camino Real, Ste. 158 Carlsbad, CA 92008 • Spencer's Gifts Plaza Camino Real 2525 El Camino Real, Ste. 160 Carlsbad, CA 92008 California T-Shirts Plaza Camino Real 2525 El Camino Real, Ste. 162 Carlsbad, CA 92008 Gingiss Plaza Camino Real 2525 El Camino Real, Ste. 166 Carlsbad, CA 92008 Golden State Fabrics Plaza Camino Real 2525 El Camino Real, Ste. 173 Carlsbad, CA 92008 C.V.S. Plaza Camino Real 2525 El Camino Real, Ste. 171 Carlsbad, CA 92008 Farr's Hallmark Plaza Camino Real 2525 El Camino Real, Ste. 169 Carlsbad, Ca 92008 Arthur Richards Plaza Camino Real 2525 El Camino Real, Ste. 167 Carlsbad, CA 92008 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the CdrlSbdd Joiimdl a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been NOTICE OF PUBLIC published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: HEARING APPEAL CUP-234 NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue. Carlsbad. California, at 6:00 P.M. on Tuesday, November 20,1984, to consider an appeal of a Planning Commission decision re-garding the revocaton of a con- ditional use permit for a video arcade business on property gen^rs ally located on the lower level oE 1 Plata CSmfno Real addressed as - 2525 El Camino Real and more par- ticularly described as:Those portions of "C" and "D" lying within a parcel of land situ-ated in the City of Carlsbad, being a portion of Section 32. Township 11South. Range 4 West, San Bernardi- no Meridian and portions of Lots 19, 20 and 33 and of Eucalyptus Street according to Map 1136 filed in the County of San Diego.Applicant: WoolworthCARLSBAD CITY COUNCIL CJ S681: November 10. 1984 November 10 19. 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at jDarlsb^d., County of San Diego, State of California on ^1? ' ut"day of Noverr.b er, 1 9B4 2M-4/82 Clerk of the Printer . jTICE OF PUBLIC HEARING APPEAL CUP-234 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, November 20, 1984, to consider an appeal of a Planning Commission decision regarding the revocation of a conditional use permit for a video arcade business on property generally located on the lower level of Plaza Camino Real addressed as 2525 El Camino Real and more particularly 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 32, Township 11 South, Range 4 West, San Bernardino Meridian and portions of Lots 19, 20 and 33 and of Eucalyptus Street according to Map 1136 filed in the County of San Diego. APPELLANT: PUBLISH: Woolworth November 10, 1984 CARLSBAD CITY COUNCIL LOCATION MAP HWY 78 PLAZA CAMINO REAL i—g MARRON ROAD SITE WOOLWORTHS F.W. WOOLWORTHS CUP-234