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Home My WebLink AboutRP 06-12; New Village Arts Theater; Redevelopment Permits (RP) (2)Page 1 of 1 Cliff Jones - Labels Request From: Cliff Jones To: June Acosta Date: 09/13/2006 2:39 PM Subject: Labels Request Hey June, Thank you for handling this request. =) We are requesting a map identifying all properties within a 300-foot radius of the City owned building at 2787 State Street (APN 203-295-01). 8 1/2 x 11 format is great. Also, we are requesting two sets of property owners mailing labels (using the mailing address not site address) for the properties within a 300 foot radius of the building at 2787 State Street. Thanks so much! Cliff Cliff Jones City of Carlsbad Housing & Redevelopment Department Phone: (760)434-2813 Fax: (760) 720-2037 cjones@ci .ca rlsbad .ca. us file://C:\Documents and Settings\cjones\Local Settings\Temp\GW}00001 .HTM 09/13/2006 uitv of Carlsbad Housing & Redevelopment Department October 10, 2006 NEW VILLAGE ARTS THEATER ATTN: KRISTIANNE KURNER P.O. BOX 2565 CARLSBAD.CA 92018-2565 Re: New Village Arts Theater - 2787 State Street Dear Kristianne: On October 10, 2006 the Housing and Redevelopment Director approved Administrative Redevelopment Permit No. RP 06-12 for property located at 2787 State Street. The decision of the Housing and Redevelopment Director is subject to a ten (10) day appeal period. The appeal period has elapsed and no appeals were filed. Attached is a copy of the approved permit authorizing the change In use from warehouse/museum space to a small performing arts theater. Please review all conditions carefully. Violation of the conditions could result in revocation of this permit. We are looking fonA/ard to the opening of the new theater and think it will be a great addition to the Village. If you have any questions regarding this correspondence, please contact my office at (760) 434-2812. Sincerely, AUSTIN SILVA Planning Technician 2965 Roosevelt St.. Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ CARLSBAD VILLAGE THEATRE 2822 State Street P. O. Box 1491 Carlsbad, CA 92018 •BSs^^lP^ (760) 720-2460 Bus. ^&iC^^ ^ (760) 720-2463 FAX www.carlsbadvillagetheatre.com September 27,2006 ^, Debbie Fountain, Director ^^Osf^^A 4^* City of Carlsbad, Housing and Redevelopment Department %Sp^M^ Carlsbad, CA 92008 ^ 2965 Roosevelt Street, Suite B "^^m^lni- Re: Administrative Redevelopment Permit (RP 06-12) Proposed Conversion of existing warehouse/museum space to interim theatre At 2787 State Street: APN 203-295-01 Applicant - Carlsbad Redevelopment Agency Dear Debbie: In response to your Notice of Intended Action to approve the above referenced Administrative Redevelopment Permit (RP 06-12), I have enclosed my letter to the Housing and Redevelopment Commission of the City of Carlsbad, dated September 22,2006. The foregoing letter to the Commission sets forth my concems about the subject property's conversion to theatre space and the historic non-existence of shared parking at the Coaster Station Lot to serve the property during the commuter business week (Monday to Friday 8 am to 6 pm). Please consider my concems in your approval of RP 06-12. Sincerely,.--^ Tom McMahon Enc: Letter to Housing and Redevelopment Commission, dated September 22,2006 Page 1 of 1 Carlsbad Village Theatre, 2822 State Street, P. O. Box 1491, Carlsbad, CA 92018 (760) 720-2460 Bus. (760) 720-2463 FAX CARLSBAD VILLAGE THEATRE 2822 State Street P. O. Box 1491 Carlsbad, CA 92018 (760) 720-2460 Bus. (760) 720-2463 FAX www, carlsbadvillagetheatre. com September 22,2006 Housing and Redevelopment Commission of the City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Housing and Redevelopment Commission hearing September 26,2006 Agenda Item Proposed Lease Agreement Proposed Administrative Redevelopment Permit RP06-12 2787 State Street: APN 203-295-01 New Village Arts Theater Dear Commission Members: My wife and I own the Carlsbad Village Theatre, a unique 300 seat theatre venue in the heart of the Village. The Theatre was built in 1927 and still reflects its historic architecture. Our family has owned and operated the theater since 1961 except for a short transfer of ovmership from 1987 to 1993. We have been operating the Theatre as a multipurpose entertainment venue since 1994. The broad range of uses have included live stage performances, concerts, dance presentations, standup comedy, specialty films, business meetings, seminars and community events in keeping with the Carlsbad Village Redevelopment Master Plan and Design Manual (Village Master Plan). Although I was initially (circa 1994) encouraged by language in the Village Master Plan about the Redevelopment Agency making "every effort" to work with private property owners, and to "facilitate City approvals" in order to renovate the Theatre, my experience has been otherwise. In 2000, we invested significant monies to upgrade and renovate the theater building, but did not find the Agency particularly supportive or helpful. The Master Plan also states that the Agency will only pursue other opportunities for a new cultural arts facility within the village "If it is not possible to renovate and reopen the Carlsbad Theatre" (Master Plan, pages 189-190). Well, our Theatre has been open since 1994, and the on-going renovations included major upgrades in 2000. We get very favorable compliments from attendees after every show. I like to say jokingly that the theater is getting younger while I am getting older! We continue to pursue the multipurpose entertainment strategy as the highest Page 1 of 4 Carlsbad Village Theatre. 2822 State Street, P. O. Box 1491, Carlsbad, CA 92018 (760) 720-2460 Bus. (760) 720-2463 FAX and best use of the property. We always wanted to retain the theater use rather than convert the building to some other non-theater use. As longtime private owners, we choose not to pursue grants or subsidies to fund any of our renovation costs. I am now facing direct competition from the proposed conversion of warehouse/museum space to a performing arts theater space directly across the street from our Theatre. I was not approached about the potential of using our facility to "test the market" for live performances. I was not even given a heads-up call about the planning of the proposed Lease. I can imderstand the Agency's desire to develop its own property, but I do not understand the benefits from subsidizing a new theater use so close to an existing theater. We believe that the Agency's proposed subsidy. Lease and Change of Use for the site is patently imfair competition for our unsubsidized business. At a minimum, the Commission should consider modifications in the Lease that fiuther clarify the use, to minimize the direct competition with my existing business. I am also concemed about the parking that the new theater use will require, and the lack of available parking nearby. Furthermore, I encourage the Conmiission to consider other sites in the Village area that can accommodate the proposed interim Theatre use such as: the Senior Center and the Harding Street Recreation Complex. While I disagree with both the proposed use and lease in their entirety, I recognize the possibility that the Commission may approve the Administrative Permit Application and the Proposed Lease Agreement as submitted. Therefore, I offer the folloving comments and suggested lease language to improve the documents from a business perspective: 1. The Coaster Station parking lot is constantly filled to capacity during the Monday - Friday business hours (8 AM to 6 PM). and the proposed shared parking at the Lot is non- existent during these periods. There is also little, if any, street parking. The use of the Subject Property should be limited to NVA Staff & Cast only (not to exceed 10 persons) during these periods. Furthermore, no public events, meetings, classes, etc. should be permitted during the aforementioned critical parking periods. These concems are not addressed in the proposed Lease. Therefore, a new provision in the USE paragraph is suggested such as: d. Lessee agrees to limit activities during Monday through Friday business hours (Sam to 6pm) to no more than 10 persons, so as not to impact parking for adjacent businesses. No public events, meetings, classes or other activities are permitted during Monday through Friday business hours (Sam to 6pm) 2. Although the community is generally familiar with the background and performances of the New Village Arts group, the lease does not describe the "operation of the New Village Arts Theatre" referred to in 3. (a). A brief description of the New Village Arts Theatre along with its size, anticipated performances, theatre focus and genre should be included. I have attached a description of past performances printed from the New Village Arts website page "NVA History-Production History" (Exhibit "A") which Page 2 of4 Carlsbad Village Theatre, 2822 State Street. P. O. Box 1491, Carlsbad, CA 92018 (760) 720-2460 Bus. (760) 720-2463 FAX demonstrates the type of work the Theater has done in the past. The New Village Arts Theatre has done exceptional dramatic works in the "ensemble" style. The lease should specify that this genre of performance is to be continued. For example, a new provision should be added to the USE paragraph, such as: e. Lessee agrees to continue performing live theater in the same dramatic ensemble genre and style as it has been doing during its past four years in Carlsbad, 3. Even though "the Exclusive Use of the premises by NVA" is set forth in both paragraphs 3. (a) & 3. (b), I believe that it warrants more emphasis added to paragraph 3. (b) such as: "No other use of the premises is permitted by any third party group (i.e. theatre group, private individual, non-profit entity, or governmental agency). 4. The lease does not describe the agreed upon frequency ofthe public performances. Historically, NVA has been a very prolific theatre group. Therefore, a reasonable number of public performances should be easy for the parties to agree upon and add to paragraph 3. (c), such as: "Lessee shall present at least three different performances per calendar quarter during the term of the Lease Each performance shall run for at least two weeks. 5. This USE paragraph does not include the number of seats that are permitted on the premises. While not set forth in the Lease, I note that the Administrative Permit conditions contain the following. "6. The audience and stage space shall be clearly designated and shall be limited to 2100 square feet maximum. The maximum number of seats shall be 299." Therefore, a new provision should be added to paragraph 3. (a), such as: "6. The audience and stage space shall be clearly designated and shall be limited to 2100 square feet maximum. The maximum number of seats shall be 299." In addition to the above seating omission, I am also very concemed about the specific number of seats (299) being approved for the Property by the Use Permit. This proposed number of seats (299) is significantly larger than a typical "Black Box" venue (75-125 seats) that I had imagined for this particular site and the capacity of the former NVA space at the Jazzercise Studio. My review copy of the proposed Lease did not include a proposed floor plan exhibit. Without the availability of the floor plan, the approved 299 seats appears to be excessive for the proposed site and the maximum 2,100 square foot audience and stage space set forth in the Application. I have 300 fixed seats in 4,000 square foot audience and stage space. In keeping with my understanding of NVA's historic format and style, I recommend that the maximum number of seats to be reduced to 150 seats, and the above new provision to paragraph 3. (a) and the Administrative Permit conditions to read as follows: Page 3 of 4 Carlsbad Village Theatre. 2822 State Street. P. O. Box 1491. Carlsbad, CA 92018 (760) 720-2460 Bus. (760) 720-2463 FAX "6. The audience and stage space shall be clearly designated and shall be limited to 2100 square feet maximum. The maximum number of seats shall be 150. " I also recommend that the proposed floor plan be reviewed by the Commission and attached to the Lease as an Exhibit. 6. While the sublease provision (paragraph 13) prohibits any assignment and subleasing by the Lessee, it does permit such assignment and subleasing with the prior written consent of the Lessor, (i.e. The phrase .... " without the prior written consent of Lessor, in each instance." implies that the Lessor may consider such a request.) If the intent of this assignment-sublease provision is not to permit subleasing, the foregoing quoted phrase should be deleted from paragraph 13 as follows: " without thc prior written consent of Lessor, in each instance. " In summary, we do respect the New Village Arts group for the type of theatre that they have bought to Carlsbad over the past four years. However, we operate our Theatre as a private "for profit" muhi-purpose entertainment venue and are concemed about the potential loss of business should NVA divert from its historic genre and offer competing entertainment uses at the proposed theatre. In view of the time constraints for responding to your hearing date, the comments herein should not be constmed as comprehensive. These comments are my good faith brief attempt to define reasonable parameters for the proposed subsidized use that appears to be more popular than fair. We hope that the Commission will consider the potential negative impact to our ongoing and longstanding business, while making a determination on this Lease and Administrative Permit. Sincerely, Tom McMahon Enc: NVA History Production History (Exhibit "A") CC: Debbie Fountain, Director, Housing and Redevelopment Agency Francis Gerke, New Village Arts Page 4 of 4 Carlsbad Village Theatre, 2822 State Street, P. O. Box 1491, Carisbad, CA 92018 (760) 720-2460 Bus. (760) 720-2463 FAX November 20, 2006 TO: BUILDING DEPARTMENT FROM: Assistant Planner, Redevelopment Department TENANT IMPROVEMENTS AT 2787 STATE STREET PLAN CHECK NO. CB063268 I have reviewed the building plans for the above referenced project. The theater received approval to locate at the subject property through Administrative Redevelopment Permit (RP 06-12). The project does not require any additional land use permits because the proposed work qualifies as interior improvements to an approved structure. Therefore, the Housing & Redevelopment Department supports the issuance of building permit. This information has been entered into Permits Plus. If you have any questions, please contact me at x2813. CLIFF JONES