HomeMy WebLinkAbout1984-10-24; Planning Commission; ; CUP 234 - WOOLWORTHSTAFF 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.
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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
meeting.
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
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PLAZA CAMtNO REAL
MARRON-ROAD
F.W. WOOLWORTHS
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CUP-234
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!.1r. Willis Rawlins
Planning Commission
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA. 92008
Dear Mr. Rawlins,
August 31, 1984,
I am requesting ti~e 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
Plaza
faminn
Rea?
vs. 23 for the year prior to the arcade's openihg). 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 ~ay Company, has filed complaints in this office against
the arcade. They feel the increase in crime is due to this
"attractive nuisance". Our r.iall 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.
CC:sa
cc: F. Aleshire
M. Casler
V. Jimno
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Christine Calderon
General ~fanager
2525 El Camino R1?al. Suitr 202. Carlsbad. Cillifomia 92008 16l<J) 729-7927 -----------
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September 21, 1984
TO: • City Manager ¥/
FROM: Chief of Police u
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 11 attractive nuisance.11
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.
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cc: Mike Holzmiller -Land Use Planning
. . September 20, 19 •
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 11fountain area 11 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 11mace 11
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
e Activity at Plaza Camino Real -2 -selmber 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
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PLANNING COMMISSION RESOLUTION NO. 2176
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A CONVERSION OF AN EXISTING CAFETERIA INTO A
VIDEO ARCADE ON PROPERTY GENERALLY LOCATED AT THE LOWER
LEVEL OF PLAZA CAMINO REAL AND ADDRESSED AS 2525 EL
CAMINO REAL
APPLICANT: WOOLWORTH
CASE NO: CUP-234
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 14th day of September, 1983,
hold a duly noticed public hearing to consider said application on
property 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 31 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 San
Diego County,
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-234.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Corr@ission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the
Commission APPROVES CUP-234, based on the following findings
/Ill
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and subject to the following conditions:
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l Findings:
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That the site for the intended use is adequate in size, shape
and other features to accommodate the use No physical changes
or additions to the building are proposed and existing parking
will be utilized.
The street system is adequate to serve the project and the
project is desirable for the development of the community.
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.
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 ..
11 Conditions:
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Approval is granted for CUP-234, as shown on Exhibit "A",
dated September 14, 1983 incorporated by reference and on
file in the Land Use Planning Office. Development shall
occur substantially as shown unless otherwise noted in these
conditions.
This conditional use permit is granted to the Woolworth
Company and is not assignable to any other owner or lessee of
the building.
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
require review and approval of the Land Use Planning Manager
prior to installation of such signs.
This conditional use permit is granted for a period of five
years. 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 surround-
ing properties or the public health and welfare. 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 conditions to mitigate
the significant adverse impacts. This permit may be revoked
at any time after a public hearing, if it is found that the
use has a significant detrimental affect on surrounding land
uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended
PC RESO NO. 2176 -2-
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any time after a public hearing, if it is found that the use
has a significant detrimental affect on surrounding land uses
and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a
reasonable period of time not to exceed five years upon written
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.
No alcoholic beverages shall be consumed at the site.
At least one adult person (21 years or older) shall be
available at all times to supervise the arcade.
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.
The maximum number of machines permitted on the premises is
thirty-nine.
Prior to the opening of the arcade, the applicant shall enter
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
supervisor as required by condition no. 6.
20 ~lanning
21 \, 4th day
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the city of Carlsbad, California, held on the
of September, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus,
Lyttleton, Farrow, Friestedt and Rawlins.
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NOES:
ABSENT:
D USE
C RESO NO. 2176
Commissioner Rombotis.
None.
CLARENCE SCHLEHUBER, Chairman <
CARLSBAD PLANNING COMMISSION
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