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HomeMy WebLinkAboutRP 08-04; THE ALLEY; Redevelopment Permits (RP) (2)Citv of Carlsbad Housing & Redevelopment Department November 20, 2008 THE ALLEY ATTN: KRISTI BORST 421 GRAND AVENUE CARLSBAD, CA 92008 Re: The Alley Entertainment Application RP 08-04 Dear Kristi: On November 20, 2008 the Housing and Redevelopment Director approved Administrative Redevelopment Permit No. RP 08-04 for property located at 421 Grand Avenue. 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 "bar" to "bar with entertainment." Please review all conditions carefully. Violation of the conditions could result in revocation of this permit. If you have any questions regarding this correspondence, piease contact my office at (760)434-2813. Sincerely, AUSTIN SILVA Assistant Planner C: File 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2397 • (760) 434-2810/2811 • FAX (760) 720-2037 ^ Citv of Carlsbad Office of the Chief of Police 10/16/08 To: The Alley (Owners/ Mgt.) 421 Grand Ave. Carlsbad, Ca 92008 Reference: Entertainment License Required (Carlsbad Municipal Code 8.09.030) Per Carlsbad Municipal Code 8.09.030, you are required to have an Entertainment License. Your Cabaret License expired on 09/30/08. The Municipal code has been in effect since 09/25/07. Prior to applying for an entertainment license you shall reapply and be approved for you city land use permit through Carlsbad Housing and Redevelopment. Your land use permit has been expired since 01/06/98. This Municipal Code will be strictly enforced. Please cease ALL entertainment until these requirements have been fulfilled. Attached is a copy of the Entertainment Ordinance and an application for entertainment. Should you have any questions, please call me at (760) 215-8272. Sincerely, Samantha Alexander Downtown Enforcement Detail Carlsbad Police Department 2560 Orion Way • Carlsbad. CA 92008-7280 • (760) 931-2100 • FAX (760) 931-8473 Kevin E. McCann C. Daniel Carroll McCANN & CARROLL Attorneys at Law 2755 .Icfferson Street, Suite 211 Carlsbad.CA 92008-1715 (760) 729-3400 Telephone (760) 7 29-4.808 Facsimile June 19, 2008 Our File No. 513.00 Via Email Only: deilar(a)eilarassociates,com Eilar Associates, Inc. Attn: Doug Eilar 539 Encinitas Blvd., Ste. 206 Encinitas, CA 92024-3748 RE: The Alley Sound Measurement Dear Mr. Eilar: This letter is to memorialize our phone meeting this moming. I want to make sure that I understand your comments and suggestions, and so I offer you this summary with a request that you let me know ifl have missed, or misstated anything: Having inspected the property last evening, both before and during its peak music producing time you found that there were a variety of factors which influenced the noise generation. To begin with, you found that the ambient (existing) outside noise, before The Alley began its music generation, was approximately 62 dB. This was the combination of the street noise and the noise from adjacent businesses, including the Cojote Bar & GrilL You indicated that if The Alley contributed a similar amount of noise to the mix (e.g. - 62 dB), that this could move the outside noise level up to 65 dB to 66!/2 dB pretty easily. You have also explained to me that the combination of sound from various sources does not necessarily accumulate (add), but rather increases in small amounts (e.g. - 2 dB or 3 dB) by application of a logarithmic formula, which explains why the sum of 62 dB and 62 dB is approximately 65 dB to 66y2 dB. You suggested that there were a number of small items which you felt, when added together, could significantly reduce the sound generated outside The Alley Bar. They are: 1. Move the existing speaker near the single door on the north side to the northeast comer, and facing away from the doors. You noticed that when the door is opened lots ofsound is let out, and that any speakers which are faced outward (northerly) tend to magnify the problem. By placing the speaker in the northeast comer of the room and facing away from the northerly direction, this would help to reduce outside sound. 0 ^r^o^^liliJcJi^c^ ••Al^ry^JSY^^^-'^^^^^^ ' Eilar Associates, Inc. Attn: Doug Eilar Pagel June 19,2008 2. You suggested that the DJ should be encouraged to reduce the bass sound on his mixing board. You explain that higher frequency sound dissipates more quickly/does not carry as far, but that bass sounds (e.g. - car boom boxes) can be heard a block away easily. The DJ should be encouraged to attempt to reduce the lower end sound fC/cr^^ ^^^-W^y'^nt^C^d.^jZku , 3. The entryway doors are poorly sealed. You pointed out that the simple act of placing rubber seals (e.g. - tubing) around the door or the doorframe/door jamb, and under the door, can do a great deal to reduce sound. You have said that, "if air can go throu^, noise can go through." i AJtr^ doors o't<^c^re,^ -fke <eA<i aj^ <e-p\r.-^rc m Pr^orv+M^ d^^;^^*^^ 4. As to the main entrance two doors, quite a bit of sound goes out in the direction of the condominiums to the northwest when the door swings open. Right now the westerly door is fixed ^ C^Vwyf "^^^ in place, and the easterly door swings. You suggested that by reversing this order (fixed easterly door fo ty^ and swinging westerly door) this would help reduce a "line of sight" between the sound production ' and the condominiums which, in tum, would help minimize noise traveling in that direction.' riv/''>Y<^vll€.<k -fhi^ 5. You indicated that there are two vents or humidifiers above the doorway, and that in ^ the transom between them the material is thin. You suggested that the transom material be sound- proofed better, such as by adding a layer(s) of drywall. You also suggested making a box outside those vents, by placing a board across their face, but standing it off for a few inches, so that sound, projecting straight out through those vents, would not continue going straight out, but would be ^ baffled/directed at right angles, thus helping to deaden the sound. I *\<>v^ \ V \oiJ o^w^ /^/^^^I A 6. ^ You suggested that it is difficult to manage any patrons who might be waiting in line outside, but anything that helps to do this would be a good idea, especially as to those who become boisterous. You stated that the ordinary ndse from these patrons would not travel very far because it is in a higher frequency. However, you mentioned that when the police measure Sto 10 feet away from the building, as they typically do, that this sound nevertheless picks up and scores higher on their metering. Cv.vp-Vo-\vx SKCV>i<^M Sc^y<^ +jAcJr C roa; cL All of the foregoing Suggestionswere m the nature ofyour Phase F suggestions. Tou suggested that we try to implement these, and then have you retest to see whether it has had a good effect on reducing the nosie. Phase 11, or Level II improvements, if these are not sufficient, might include things like the following: 1. Replace the doors with doors of better quality; 2. Add dual glazing to the windows; ' With respect to items 3 & 4, because the doors are old, and because changes to them that might be costly may not work, you also suggested that the owner might want to consider replacing them with new, modern and better soundproofed doors. Eilar Associates, Inc. Attn: Doug Eilar Page 3 June 19. 2008 3. Make an L-shaped entrance which baffles noise. However, you mentioned that treating noise hke this is like treating holes on a ship, and that there IS no point m worrying about making major modificatiois if you have not patched the small holes ab-eady. Doug, I hope I got all that right! Please let me know if I have missed anything, or ifl have misunderstood your remarks. Best regards, Kevin E. McCann, Attomeys for Kristine Wilks, Inc. KEM:js cc: Kristi Wilks Borst October 21, 2008 City of Carlsbad Attn: Austin Silva Assistant Planner 2965 Rooseveit St., Suite B Carisbad, Ca. 92008-2397 Re: Tiie Alley Sound Measurements and Improvements Dear IVIr. Silva: Attached you will find a ietter from Kevin IVIcCann identifying tiie areas to be improved in order to be in compiiance with the sound ordinance in the city ofCarisbad. The foiiowing is what has been done and what will be compieted when materiais arrive. 1. There were actually 4 speaicers in the Alley. There were 2 on each side of the dance floor. Two of these speakers were tai<en out completely and the two remaining were moved out from the waii and away from the doors and placed facing the southwest and southeast, toward the back and side walls. This reduced the noise considerable. 2. The DJs and the Band tumed the sound down and reduced the base. The sound and base are checlced for each song and reduced accordingly. 3. For numbers 3 and 4, new doors were measured for and ordered the last part of September and were bacit-ordered until October 31,2008. The doors were ordered from Priority door and wiil be shipped from the manufacturer in Los Angeles on October 31,2008. Priority Door wiil install them immediateiy upon receipt, which wiil be by IVlonday, November 3. The door on the Northwest side wiii be hinged on the opposite side as the current one so that the noise wiii not go Northwest when the door is opened. The door on the Northeast side wiii be hinged as the current door is (on the Northwest side). These doors are heavy duty commerciai doors with double panes of glass and wiii cut down the noise considerable. 4. See number 3. 5. insulation and plywood were added to the transom between the two humidifiers and sealant was put around each humidifier. A box, or "baffle" wiii be installed outside the humidifiers in order to "redirect" any noise that might escape through that area. 6. it is our understanding that the crowd in front of the Alley wiil be moved before any measurement of sound, and that oniy the sound coming from the Alley wiii be measured. The Alley personnel are continuously woricing on getting loud or boisterous patrons removed from the iine and away from the Alley. We are anxiously awaiting the approvai ofthe Land Use Permit and the Entertainment License so that the Alley can continue to be a "Popular meeting piace" in the City of Carisbad. Best Regards, Latreasa J. Harris, Vice President, Kristine Wilks, inc., DBA The Alley For Kristi Borst Kevin E. McCann C. Daniel Carroll June 19,2008 McCANN & CARROLL Attomeys at Law 2755 Jefferson Street, Suite 211 Carlsbad.CA 92008-1715 (760) 729-3400 Telephone (760) 7 29-4 808 Facsimile Our Fite No. 513.00 Eilar Associates, Inc. Attn: Doug Eilar 539 Encinitas Blvd., Ste. 206 Encinitas, CA 92024-3748 RE: The Alley Sound Measurement Dear Mr. Eilar: Via Email Only: deilar(a)eilarassociates. com This letter is to memorialize our phone meetmg this moming. I want to make sure that I understand your comments and suggestions, and so I offer you this summary with a request that you let me know ifl have missed, or misstated anything: Having inspected the property last evening, both before and during its peak music producing time you found that there were a variety of factors which influenced the noise generation. To begin with, you found that the ambient (existing) outside noise, before The Alley began its music generation, was approximately 62 dB. This was the combination of the street noise and the noise from adjacent businesses, including the Coyote Bar & Grill. You indicated that if The Alley contributed a similar amount of noise to the mix (e.g. - 62 dB), that this could move the outside noise level up to 65 dB to 66V2 dB pretty easily. You have also explained to me that the combination of sound from various sources does not necessarily accumulate (add), but rather increases in small amounts (e.g. - 2 dB or 3 dB) by application of a logarithmic formula, which explains why the sum of 62 dB and 62 dB is approximately 65 dB to 66V2 dB. You suggested that there were a number of small items which you fdt, when added together, could significantly reduce the sound generated outside The Alley Bar. They are: I. Move the existing speaker near the single door on the north side to the northeast comer, and facing away from the doors. You noticed that when the door is opened lots of sound is let out, and that any speakers which are faced outward (northerly) tend to magnify the problem. By placing the speaker in the northeast comer of the room and facing away from the northerly direction, this would help to reduce outside sound. Eilar Associates, Inc. Attn: Doug Eilar Page 2 June 19,2008 2. You suggested that the DJ should be encouraged to reduce the bass sound on his mixmg board. You explain that higher frequency sound dissipates more quickly/does not carry as far, but that bass sounds (e.g. - car boom boxes) can be heard a block away easily. The DJ should be encouraged to attempt to reduce the lower end sound. 3. The entryway doors arepoorly sealed. You pointed out that the simple act of placing mbber seals (e.g. - tubing) around the door or the doorframe/door jamb, and under the door, can do a great deal to reduce sound. You have said that, "if air can go throu^, noise can go through." 4. As to the main entrance two doors, quite a bit of sound goes out in the direction of the condominiums to the northwest when the door swings open. Right now the westerly door is fixed in place, and the easterly door swings. You suggested that by reversing this order (fixed easterly door and swinging westerly door) this would help reduce a "line of sight" between the sound production and the condominiums which, in turn, would help minimize noise traveling m that direction.' 5. You indicated that there are two vents or humidifiers above the doorway, and that in the transom between them the material is thin. You suggested that the transom material be sound- proofed better, such as by adding a layer(s) of drywall. You also suggested making a box outside those vents, by placing a board across their face, but standing it off for a few inches, so that sound, projecting straight out through those vents, would not continue going straight out, but would be baffled/directed at right angles, thus helping to deaden the sound. 6. You suggested that it is difficult to manage anypatrons who might be waiting inline outside, but anything that helps to do this would be a good idea, especially as to those who become boisterous. You stated that the ordinary noise from these patrons would not travel very far because it is in a higher frequency. However, >ou mentioned that when the police measure Sto 10 feet away from the building, as they typically do, that this sound nevertheless picks up and scores higher on their metering. All of the foregoing suggestionswere in the nature of your 'Phase F' suggestions. You suggested that we try to implement these, and then have you retest to see whether it has had a good effect on reducing the nosie. Phase II, or Level II improvements, if these are not suffident, might include things like the following: 1. Replace the doois with doors of better quality; 2. Add dual glazing to the windows; ' With respect to items 3 & 4, because the doors are old, and because changes to them that might be costly may not work, you also suggested that the owner might want to consider replacing them with new, modem and better soundproofed doors. Eilar Associates, Inc. Attn: Doug Eilar Page 3 June 19,2008 3. Make an L-shaped entrance which baffles noise. However, you mentioned that treating noise like this is like treating holes on a ship, and that there is no point in worrying about making major modifications if you have not patched the small holes already. Doug, I hope I got all that right! Please let me know if I have missed anything, or if I have misunderstood your remarks. Best regards, Kevin E. McCaim, Attomeys for Kristine Wilks, Inc. KEM:js cc: Kristi Wilks Borst \\Jra\DOCS\ClienaWilks (Bont) - SI3.00\Ue Pennit AppeilVEilir 06 19 08 finl).wpd McCANN & CARROLL Attomeys at Law 2755 Jefferson Street, Suite 211 Carlsbad, CA 92008-1715 (760) 729-3400 Telephone f760) 729-4808 Facsimile Kevin E. McCann C. Daniel Carroll June 24, 2008 Our File No. 513.00 Debbie Fountain Director Housing & Redevelopment CITY OF CARLSBAD Housing and Redevelopment 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 RE: Sound Survey and Renovations - The Alley Bar Dear Ms. Fountain: Recently Eilar Associates, Inc. completed a sound survey of The Alley Bar at a peak activity time, and also had an opportunity to test the ambient conditions of the neighborhood for comparison purposes. Mr. Eilar has developed a list of initial conversions of features ofthe property which he feels may be effective in keeping The Alley within the sound Hmitations imposed by the City's ordinances. The restaurant owner has received and has approved the incorporation of all of the initial suggestions of Mr. Eilar, and is exploring the possibility of even further changes to the property to deaden excess sound production more effectively. In the coming week they will begin the process of taking bids for that work. At the conclusion of the work we intend to have Eilar Associates re-test the premises to make sure that the operations meet the required tolerances. We will inform you as that takes place. Should you have any questions in the meantime please do not hesitate to give me a call. Best regards. Kevin E. McCann KEM:js cc: Client Captain Mike Shipley Doug Eilar C;\DOCS\Clicius\Wilks (Borsl) - 5l3.00\Use Perniit Appeal\Founlain 06 25 08.wpd ftitv of Carlsbad Housing & Redevelopment Department February 19, 2008 KRISTI WILKS THE ALLEY 421 GRAND AVENUE CARLSBAD, CA 92008 Re: Redevelopment Permit 08-04; conversion from bar to bar with entertainment (night club) Dear Ms. Wilks: On February 19, 2008 the Housing and Redevelopment Director denied Administrative Redevelopment Permit No. RP 08-04 to operate a bar witti entertainment (night club) at property located at 421 Grand Avenue and for the business known as The Alley. The permit has been denied because the Director is unable to make the required finding that the site is suitable for a night club and will have a minimal impact upon Village residents. According to the Carlsbad Police Department, there has been a history of complaints for excessive noise at The Alley, which demonstrates a significant negative impact on residents in the area. The current application provides for no proposed improvements that would indicate a reduced noise impact on neighboring residents. Therefore, the Director is unable to approve the application. As additional information, an Entertainment Ordinance was adopted by the Carlsbad City Council in 2007 that provides additional regulations for the operation of entertainment establishments so as to minimize the negative effects and to preserve the public safety, health and welfare. A noise restriction is part of those regulations that controls the sound levels that can be heard between 10 P.M. and 7 A.M. Those sound levels may not exceed 65 decibels over a one-hour average. On January 13, 2008 a noise sampling was taken at eight separate downtown establishments and The Alley was found to have the highest noise level at 75 decibels as a result of existing entertainment and business establishment operations. Until the noise issue at The Alley is proposed to be addressed either through tenant improvements or some other method acceptable to both the Carlsbad Police Department and Housing and Redevelopment Department, the subject permit cannot be approved. You may wish to contact a sound engineer to identify solutions to the excessive noise issue. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037 ^ K. Wilks February 19, 2008 Page 2 Ssr^ ssr^J^rf ^-Siqcerely, _^ AUSTIN SILVA 0 Assistant Planner Debbie Fountain, Housing and Redevelopment Director cap'ain Mike Shipley. Police Department Greg Ryan, Deputy Fire Marshal City of Carlsbad Housmg and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Appeal Date: Staff: Austin Silva 2/28/2008 Mike Shipley Environmental Review: Categorical Exemption ITEM NO. 1 DATE: March 24, 2008 SUBJECT: RP 08-04 - "THE ALLEY BAR": Appeal of the Housing and Redevelopment Director's decision denying an Administrative Redevelopment Permit (RP 08-04) to operate a bar with entertainment at 421 Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelppment Area. I. RECOMMENDATION That the Design Review Board DENY the appeal of the Housing and Redevelopment Director's decision. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires approval of an Administrative Redevelopment Permit because a bar with entertainment is considered a provisional use within District 1. Since the request was denied by the Housing and Redevelopment Director, the applicant chose to appeal the decision to the Design Review Board. In accordance with redevelopment procedures of the Village Redevelopment Master Plan and Design Manual, the appeal is being brought fonA/ard for a decision by the Design Review Board. The action of the Design Review Board is final unless appealed to the Housing and Redevelopment Commission. The Design Review Board must hold a public bearing on the applicants appeal of the decision of the Housing and Redevelopment Director, consider the applicant's ground for appeal and any public testimony and staff's recommendation on the project, and then take action to approve or deny the request. The proposed project is not located within the Coastal Zone; therefore a Coastal Development Permit is not required. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Kristi Borst, representing The Alley Bar, has appealed the Housing and Redevelopment Director's decision to deny a request for an Administrative Redevelopment Permit for operate a bar with entertainment in Land Use District 1 of the Carlsbad Village Redevelopment Area. The property is located at 421 Grand Avenue just east of the railroad tracks. In 1993, The Alley Bar received approval to operate a bar with live entertainment and dancing. However, the permit expired after a period of five years and no extensions of the permit were ever applied for. In essence, The Alley Bar has been operating without the proper THE ALLEY BAR MARCH 24, 2008 PAGE 2 land use permits since January of 1998. On September 25, 2007, the City Council adopted ordinance No. NS-859 which regulates the operations of establishments that provide entertainment. One of the components of the ordinance is to regulate the level of noise that is omitted from entertainment establishments. The ordinance reads "Between the hours of ten p.m. and seven a.m. no entertainment establishment may cause, permit or maintain noise at a sound level to the extent that the one- hour average sound level exceeds 65.0 dBA Leq-lm at the property line of the entertainment establishment ofwhich the noise is produced." According to Captain Mike Shipley, the Police Department has received numerous complaints of excessive noise coming from The Alley Bar. There has been frequent contact made between the Police Department and management from The Alley in an attempt to mifigate the excessive noise coming from the bar. The Police Department has acquired a noise measuring device that was used on January 13, 2008 to take noise samplings from eight downtown establishments. Three establishments were found to be over the maximum level of 65 decibels with The Alley having the highest level of noise at 75 decibels. Staff has suggested to the applicant that The Alley Bar hire a sound engineer in order to determine what types of improvements can be made to address the excessive noise issue. There is not anything proposed as part of this application that attempts to mitigate the excessive noise coming from their establishment. IV. CONSISTENCY WITH VILLAGE LAND USE PLAN The subject property is located within Land Use District 1 of the Carlsbad Village Redevelopment Master Plan and Design Manual. District 1, also known as the Village Center, is a pedestrian-oriented center of retail activity in the Village. The Village Center has and continues to function as a strong retailing center, serving city residents as well as tourists and regional visitors. The overall vision and intent of the Land Use Standards for District 1 is to reinforce the pedestrian shopping environment, encourage mutually supportive uses, and provide a major activity focus for Carlsbad Village and the City as a whole. As set forth in the Village Master Plan and Design Manual, a bar with entertainment is classified as a provisional use within Land Use District 1 of the Village Redevelopment Area. Provisional uses are subject to discretionary approval based on findings that the use is consistent with the Village vision and goals and Land Use Standards. As set forth in the Village Master Plan and Design Manual "Location and Development Criteria" for bars and restaurants with entertainment are 1) Bars with entertainment should not be located where they are likely to adversely impact residential uses 2) An adequate supply of parking, as set forth within the Village Master Plan and Design Manual, shall tie located conveniently nearby 3) Consideration must be given to ensure that there will not be an over concentration of bars and restaurants with entertainment. The subject business is located near the corner of State Street and Grand Avenue which is not in the immediate vicinity of any residences. However, complaints have still been prevalent in regards to excessive noise coming from The Alley Bar. There are other bars such as Boar's Crossing that are located closer to residences than The Alley, although they have worked with the Police Department in an effort to reduce the amount of noise coming from their establishment. The second and third items of •'Location and Development" criteria do not apply to this application because adding an entertainment use to their establishment does not trigger THE ALLEY BAR MARCH 24, 2008 PAGE 3 the need for additional parking. In addition, this will not add to an over concentration of bars and restaurants with entertainment because it is an existing use. In order to further access the impact a particular provisional land use may have on adjacent land uses and the Village as a whole the Village Master Plan contains findings that must be made to allow a provisional use within a Land Use District. Findings that must be made to assess the appropriateness of this particular provisional use within District 1 are: 1) A bar with entertainment is not likely to have a negative impact on Village residents 2) Adequate parking is conveniently located near the premises. .Staff concludes that the proposed bar with entertainment does not satisfy the applicable findings that must be made to allow a bar with entertainment use within District 1. First, because of the past history of complaints and most recent noise sampling, staff feels that The Alley Bar will continue to have a negative impact on Village residents unless an effort is made to mitigate the level of excessive noise. Second, The Alley currently meets its parking requirements and there are not any changes proposed that trigger the need for additional parking with this application. V. GENERAL PLAN CONSISTENCY The General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. The proposed project (change from retail to office land use) is inconsistent with the goals and objectives for the Village, as outlined within the General Plan. The proposed office use will break up retail continuity along State Street and Grand Avenue and eliminate a very key retail location from the Village inventory, which does not help to preserve, enhance or maintain the shopping experience within the Village but rather detracts from it. Additionally, the pedestrian activity within the Village may be reduced through the elimination of retail space at a key location and the break in retail continuity potentially creating a less profitable business setting for the retail oriented Village Center. VI. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION. GOALS AND OBJECTIVES All proposed projects should be aimed at addressing a variety of objectives as outlined within the Village Master Plan and Design Manual as .follows: GoaM: Establish Carlsbad Village as a Qualitv Shoppina, Working and Living Environment As currently proposed, the proposed bar with entertainment will not help in providing the type of living environment that is envisioned for the Carlsbad Village. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The proposed THE ALLEY BAR MARCH 24, 2008 PAGE 4 bar with entertainment will not effect pedestrian and vehicular circulation in the Village area because it is an existing use. Goal 3: Stimulate Propertv Improvements and New Development in the Village. There is not anything proposed as part of this application that will help stimulate property improvements and new development in the Village. Goal 4: Improve the Phvsical Appearance' of the Village Area. The proposed bar with entertainment will not improve the physical appearance of the Village Redevelopment Area. VII. ENVIRONMENTAL REVIEW The Housing & Redevelopment Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15270 of the State CEQA Guidelines as a project which is disapproved. If the decision of the Housing & Redevelopment Director is overturned by the Design Review Board, the project is exempt from environmental review pursuant to Section 15303 Class 3 as the conversion from one use to another that will not have a significant impact on the environment. VIII. STAFF RECOMENDATION The Village Center (District 1) has and continues to function as the core activity area, serving city residents as well as tourists and regional visitors. However, as redevelopment has occurred, more residents have moved into the downtown area causing conflicts between some of the establishments in regards to excessive noise late at night. As issues arose, the City felt it was necessary to adopt an entertainment ordinance that would help in regulating the operations of the downtown establishments. Until The Alley can come forward with changes to their business that would bring them into conformance with the newly adopted Entertainment Ordinance, staff cannot support the issuance of the Administrative Redevelopment Permit. Staff believes that the proposed office use would not assist in satisfying the goals and objectives set forth for Land Use District 1 because an office use will disrupt the retail continuity along State Street and Grand Avenue hurting retail activities in the Village Center. Since the subject property has frontage along both State Street and Grand Avenue, which are streets of high pedestrian activity, and the property is at a prominent retailing corner of the Village Center staff believes the subject property is an inappropriate location for an office use of any type. Staff is recommending denial of the applicant's request to overturn the Housing & redevelopment Director's decision to deny the administrative redevelopment permit to allow the operation of a bar with entertainment at 421 Grand Avenue. ATTACHMENTS: A. Design Review Board Resolution No. ? recommending denial of the appeal of RP 08-04. B. Location Map. C. Appeal Form dated February 28, 2008. D. Denial Letter to Applicant dated February 19, 2008. E. RP 08-04 Application dated January 24, 2008. F. Memo from Captain Mike Shipley dated January 28, 2008. Page 1 of 2 Austin Silva - RE: Entertainment application From: Kristi Wilks <tiie_alley@msn.com> To: Austin Silva <asilv@ci.carlsbad.ca.us> Date: 02/08/2008 10:34 AM Subject: RE: Entertainment application Thank you for that suggestion Austin. Is there a way to get a temporary Land Use Permit, like until the end of the year, to give me a chance to hire a sound engineer and get a loan to make the necessary changes and prove that they work and that we can control the noise? Thanks, Kristi Date: Wed, 6 Feb 2008 09:18:08 -0800 From: Asilv@ci.carlsbad.ca.us To: the_alley@msn.com Subject: RE: Entertainment application Kristi, Those all sound like great ideas, but we don't have any way of knowing for sure if those improvements will bring your establishment into conformance with the Entertainment Ordinance. My advice to you would be to contact a sound engineer they can give you suggestions as to what improvements would be most beneficial. Please contact me if you have any further questions. Thank you, Austin Silva Assistant Planner Redevelopment Dept. City of Carlsbad (760) 434-2813 asilv@ci.carlsbad.ca.us >>> Kristi Wilks <the_alley@msn.com> 02/05/2008 10:46 AM >>> I have some ideas concerning the noise issues. I have looked into sound proof glass for the front windows. Also putting sound proofing foam on the ceiling and walls to absorb some of the noise. The last thing is to put up some sort of a barrier by the front doors so when they are opened it will not be as loud. I will also buy a noise meter so we can keep track of decible levels. If I were to do these things, do you think the Police Dept would approve the application? It's quite expense and would be useless if I am not going to be allowed to have entertainment. I was not operating without the proper permit on purpose, I had no idea the land use permit was only for a piano bar, that permit was issued to the previous owner and when I bought the bar it had a band, karaoke and a DJ for entertainment. Also, I did not receive anything when it expired 10 years ago stating the it had expired. If there is any possiblity of getting the permit issued, please let me know. Thank You, Austin file://C:\Documents and Settings\Asilv\Local Settings\Temp\XPgrpwise\47AC3026GW-... 03/04/2008 Page 2 of 2 Date: Mon, 4 Feb 2008 09:41:05 -0800 From: Asilv@ci.carlsbad.ca.us To: the_alley@msn.com Subject: Entertainment application Kristi, Sorry about having to play phone tag the past week. After receiving your application, I forwarded it on to the Police and Fire Departments for comments. The Police Department cannot support the issuance of a land use permit for a bar with entertainment because of past issues concerning the level of noise from The Alley. Until something can be done that will address the noise issue, we cannot support the issuance of a land use permit for a bar with entertainment. I have attached the memo I received from the Police Department. Please contact me to discuss your application. Thank you, Austin Silva Assistant Planner Redevelopment Dept. City of Carlsbad (760) 434-2813 asilv@ci.carlsbad.ca.us file://C:\Documents and Settings\Asilv\Local Settings\Temp\XPgrpwise\47AC3026GW-... 03/04/2008 POLICE DEPARTMENT January 28, 2008 TO: Mr. Austin Silva FROM: Captain Shipley Re: Redevelopment Permit - The Alley Thank your for the opportunity to comment on the application submitted by The Alley. I do not dispute the applicant's claim. The Alley has been operated as a bar with entertainment for many years. However, it is my understanding the permit described a piano bar and it is my opinion that karaoke, a disc jockey and a live band are beyond the use described in the previous redevelopment permit. If The Alley were again applying to operate with entertainment provided by a piano I would also have concern because, to my understanding. The Alley failed to operate as permitted. But this application is to operate with karaoke, a disc jockey and a live band. This entertainment plan causes me great concern. For years the police department has received complaints of excessive noise coming from The Alley. The police department has made frequent contacts with management from The Alley attempting to mitigate the noise complaints. Recently the police department acquired a noise measuring device and was trained how to measure noise by a sound engineer. We now have definitive evidence concerning the amount of noise coming from The Alley. On January 13, 2008 a noise sampling was taken at eight separate downtown establishments. Three establishments were found to be over the maximum 65 decibels described in Chapter 8, section 8.09.090 (3) ofthe Carlsbad Municipal Code. Two businesses in excess of the limit were recorded at 67 and 68 decibels. The Alley was recorded at 75 decibels. Admittedly, I am not a sound engineer but I see nothing in the application which causes me to believe the noise issue will be addressed. I am very concerned that noise from The Alley will be a significant issue if they are granted a permit to operate with karaoke, a disc jockey and a live band. Please feel free to contact me if you have any questions. C: Police - Entertainment Establishment file POLICE DEPARTMENT March 7, 2008 TO: Mr. Austin Silva FROM: Captain Shipley Re: Redevelopment Permit Appeal - The Alley I received the Redevelopment Department's documents concern The Alley's appeal. Mr. McCann presents some interesting comments regarding noise levels, definitions, authorized usage, and failure to address improper usage. As I'm sure you are aware, those issues have been the topic of discussion between the Police Department, Fire Department, City Community Development, and Redevelopment staff for several years. The rewriting of Chapter 8.09 of the Carlsbad Municipal Code, commonly referred to as the Entertainment Ordinance, was designed to address some of those issues. The Police Department's concern is this; can The Alley function with-in the guidelines of current entertainment laws? I do not want to find The Alley, the management staff at The Alley, the City, and the Police Department in a situation where enforcement action is being taken against on-duty managers of The Alley for failing to comply with the entertainment law. The Police Department does not object to The Alley being permitted as a bar with entertainment. However, I feel very strongly that regardless of how the business is permitted, The Alley must conform to the entertainment law. I would not be willing to recommend a variance for The Alley even if, after significant investment to address noise requirements, the business could not meet those requirements. Their options, at that point, would be to enhance their mitigation efforts or change their entertainment format. The second issue discussed with Mr. McCann deals with management of establishment patrons and staff. This issue is common with all entertainment establishments and can generally be corrected through procedure or staffing changes. Failures by an establishment to manage these requirements will result in enforcement actions by the Police Department. I would recommend that issues such as over crowding, over serving, serving intoxicated persons and serving minors should generally be handled as an enforcement issue and should only influence land use permit decision ifthe business has a history of failure to properly manage their business. Please feel free to contact me if you have any questions. Citv of Carlsbad Housing & Redevelopment Department March 13, 2008 KEVIN MCCANN 2755 JEFFERSON ST, STE. 211 CARLSBAD, CA 92008 Re: Withdrawal of appeal to Housing and Redevelopment Director's decision Dear Mr. McCann: Thank you for submitting letters to our department informing us of the current situation with The Alley Bar's application to appeal the Housing and Redevelopment Director's decision to deny the land use application to have a bar with entertainment at the establishment located at 421 Grand Avenue. After reviewing the letters, we are withdrawing the director's denial and subsequent appeal to the director's decision. We are willing to consider an amendment to the original application (RP 08-04). These amendments will be based upon the sound engineer's suggested program as to what improvements can be made to the building that will bring The Alley Bar into conformance with the sound and related regulations that are outlined in the Entertainment Ordinance. We look fon/vard to working with you and your client Kristi Wilks Borst, to resolve the issues that have previously been brought up throughout the first submittal. Sincerely, AUSTIN SILVA Assistant Planner Debbie Fountain, Housing and Redevelopment Director Captain Mike Shipley, Police Department Kristi Wilks Borst, The Alley Bar 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037 @ McCANN & CARROLL Attomeys at Law ^>^zj 2755 Jefferson Street, Suite 211 Jjj»j Carlsbad, CA 92008-1715 lu '5/}r?.^ Kevin E. McCann C. Daniel Carroll 760) 729-3400 Telephone ^.^ ClTv^ (760) 729-4808 Facsimile '^^^^InGjtkJ^AiilCD, June 17,2008 Our Fils No. 513.00 Debbie Fountain Director Housing & Redevelopment CITY OF CARLSBAD Housing and Redevelopment 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 RE: Sound Mitigation - The Alley Dear Ms. Fountain: This is just an update to let you know we have not forgotten about our commitment to address potential noise issues at The Alley. The sound engineer was engaged and paid a retainer more than two months ago. I recently called and prodded him for some activity, and was assured that he was simply backlogged and would get on it. Regards, Kevin E. McCann KEM:js cc: Client C:\IX)CS\Clients\Wilks (Borsl) - 513 00\Use Permil Appeal\Fouiuain 06 17 08.wpd McCANN & CARROLL Attorneys at Law 2755 Jefferson Street, Suite 2 11 Carlsbad, CA 92008-1715 (760) 729-3400 Telephone (760) 729-4808 Facsunile Kevin E. McCann C. Daniel Carroll April 14, 2008 Our File No. 513.00 Eilar Associates, Inc. Attn: Doug Eilar 539 Encinitas Blvd., Ste. 206 Encinitas, CA 92024-3748 RE: Kristine Wilks, Inc. - The Alley Acoustical Consulting Services Dear Mr. Eilar: Attached please fmd the initial deposit for basic services which you requested, together with the fully signed Proposal prepared. Will you please be so kind as to go forward in your initial investigation of The Alley as discussed. To make sure that you have all the access that you require you are invited to contact Latreasa Harris, the company's secretary, to coordinate times for investigation/inspection. If the nature of your work is that you want to take random, unannounced samplings, then please explain that to Ms. Harris so that she might give you the names of contact persons on the site so that you will have them on the day(s) you are there. Should you require any other assistance please let me know. Best regards. Kevin E. McCann, Attomeys for Kristine Wilks, Inc. KEM:js Enclosures Eilar Associates, Inc. Attn: Doug Eilar Page 2 April 14, 2008 cc: Kristi Wilks Borst t/Debbie Fountain, Director Housing & Redevelopment Department Capt. Mike Shipley C:\DOCS\CliciUs\Wilks (Borst) - 513,00\Usc Permit AppcalVEilar 04 14 08.wpd McCANN & CARROLL Attorneys at Law 2755 Jefferson Street, Suite 211 Carlsbad, CA 92008-1715 '"*^^l;^gf) (760) 729-3400 Telephone . ^, (760) 729-4808 Facsimile '^^-T p Kevin E. McCann ^ : _ j C. Daniel Carroll March 18, 2008 Our File No. 513.00 Doug Eilar Eilar Associates, Inc. 539 Encinitas Blvd., Ste. 206 Encinitas, CA 92024-3748 RE: Noise Intervention/Soundproofing for "The Alley" Bar, 421 Grand Avenue, Carlsbad Dear Mr. Eilar: Recently I wrote to you requesting a proposal for soundproofing/mitigation for The Alley bar in Carlsbad. As Vickie Kelly requested I have attempted to obtain plans and drawings for the site. Enclosed you will fmd two scaled floor plan drawings, including one showing the whole building of which The Alley is a part, and the other showing the floor plan of The Alley. I regret that structural drawings are not available. Though my client requested them when purchasing this property in the early 1990's they had apparently long disappeared. I am also enclosing a copy of a letter from Mr. Austin Silva of Carlsbad's Housing & Redevelopment Department, confirming our common plan of working with a sound engineer to improve this site by soundproofing. You will find more specific detail, however, in the original letter which I sent on March 1V^. Will you please be so kind as to develop a proposal for the evaluation and, to the extent that it is possible in advance of an investigation, a sound mitigation program for the site. Doug Eilar Eilar Associates, Inc. Page 2 March 18,2008 Thank you in advance for your cooperation. Very truly yours, McCANN & CARROLL Kevin E. McCann, Attomeys for Kristine Wilks, Inc. KEM:js Enclosures cc: Kristi Wilks Borst Austin Silva, Assistant Planner, Housing & Redevelopment Department Debbie Fountain, Director, Housing & Redevelopment Department Captain Mike Shipley, Carlsbad Police Department C:\DOCS\Clienls\Wilks (Borst) - 513.00\Use Permit AppealNEilar 03 18 OS.wpd Citv of Carlsbad Housing & Redevelopment Department March 13, 2008 KEVIN MCCANN 2755 JEFFERSON ST. STE. 211 CARLSBAD. CA 92008 Re: Withdrawal of appeal to Housing and Redevelopment Director's decision Dear Mr. McCann: Thank you for submitting letters to our department informing us of the current situation with The Alley Bar's application to appeal the Housing and Redevelopment Director's decision to deny the land use application to have a bar with entertainment at the establishment located at 421 Grand Avenue. After reviewing the letters, we are withdrawing the director's denial and subsequent appeal to the director's decision. We are willing to consider an amendment to the original application (RP 08-04). These amendments will be based upon the sound engineer's suggested program as to what improvements can be made to the building that will bring The Alley Bar into conformance with the sound and related regulations that are outlined in the Entertainment Ordinance. We look foHA^ard to working with you and your client Kristi Wilks Borst, to resolve the issues that have previously been brought up throughout the first submittal. Sincerely, AUSTIN SILVA Assistant Planner c: Debbie Fountain, Housing and Redevelopment Director Captain Mike Shipley, Police Department Kristi Wilks Borst, The Alley Bar 2965 Rooseveit St., Ste. B • Carlsbad, CA 92008-2336 • (760) 434-2810/2811 • FAX (760) 720-2037 @ cCANN & CARROLL Attomeys at Law 2755 Jefferson Street, Suite 211 .... Carlsbad, CA 92008-1715 ^ •^.V'l,y•^^^^-'. (760) 729-3400 Telephone ' tl (760) 729-4808 Facsimile A/^ 0 Kevin E. McCann ^'^ 1 3 '^•^ C. Daniel Carroll ^ '^!/^ March 11,2008 5% Our File No. 513.00 Via Email: deilarC^eilarassociates.com Doug Eilar Eilar Associates, Inc. 539 Encinitas Blvd., Ste. 206 Encinitas, CA 92024-3748 RE: Noise Intervention/Soundproofing for "The Alley" Bar, 421 Grand Avenue, Carlsbad Dear Mr. Eilar: This is to introduce my client, Kristi Borst of Kristine Wilks, Inc., owner and operator of The Alley bar in downtown Carlsbad, near the intersection of Grand Avenue and State Street. The purpose of this letter is to seek your company's assistance in developing and implementing a sound ameliorating plan for the business. Carlsbad has adopted an Entertainment License Ordinance 8.09.090(3) that provides that between 10:00 p.m. and 7:00 a.m. a business may not "cause, permit or maintain noise at a sound level to the extent that the l-hour average sound exceeds 65.0 dBA Leq-lm at the property line of the entertainment establishment of which the noise is produced." The Carlsbad police department, which we are informed has recently obtained and been trained in sound measuring equipment, reports an incident in January when the sound average was 75 dB, although it is not clear from the report they generated whether this was a "l-hour average sound level," or an incidental measurement of noise. We are working with Carlsbad's Housing and Redevelopment Department and their Director, Debbie Fountain, to develop a solution to the concem for noise that this business might generate. We are, of course, also seeking your counsel in determining that this business actually does generate noise at or above the limits set by the City ordinance, and that the noise level is not just ambient noise in this busy area. Doug Eilar Eilar Associates, Inc. Page 2 March 11,2008 I spoke with your associate, Vickie Kelly, this moming and she informs me that for you to develop a proposal you would like us to provide copies of building plans and floor plans with elevations shown for the site. Because this is a very old building I am not sure whether those plans exist, but I will immediately request that the owner review her records and make them available to you if they do exist. Ms. Kelly also asked that I provide a letter from the City setting forth the requirements. However, our workout solution, at this point, is an informal one based upon conversations between me and Debbie Fountain, Director. It is for this reason that I am going into so much detail in this letter. So that there is no misunderstanding, however, this is not an adversarial matter between Kjistine Wilks, Inc. and the City, and the City/TDebbie Fountain will be kept 'in the loop' on any progress we make in solving this problem. I look forward to receiving proposal from your company when it is available. I hope that you will be able to assist my client, and I will be back to you as quickly as possible with a response regarding the building plans, floorplans and elevations. Should you have any questions in the meantime, please do not hesitate to give me a call. Very tmly yours, McCANN & CARROLL Kevin E. McCann, Attomeys for Kristine Wilks, Inc. KEM:js cc: Kristi Wilks Borst ^ Debbie Fountain, Director Vickie Kelly (vkelly@,eilarassociates.com) C:\DOCS\Clients\Wilks (Borst) - 513.00\Use Permit Appeal\Eilar 03 U 08 wpd Kevin E. McCann C. Daniel Carroll March 10, 2008 ^McCANN & CARROLL ^' < ; Attomeys at Law 2755 Jefferson Street, Suite 211 . , Carlsbad, CA 92008-1715 ^ '' / ? (760) 729-3400 Telephone ^'^^%a*^^%*C'> (760) 729-4808 Facsimile OPpP&£mn^^^ Our File No. 513.00 Debbie Fountain Director Housing & Redevelopment CityofCarlsbad Housing and Redevelopment 2965 Rooseveh Street, Suite B Carlsbad, CA 92008 RE: Reconsideration of Redevelopment Permit 08-04 (The Alley) Dear Ms. Fountain: Thank you very much for calling me recently to discuss the appeal we filed in connection with the denial of the above redevelopment permit. You have indicated the possibility that an appeal may be avoided if we are able to arrange for a satisfactory sound engineering review and proposal for ameliorating any claimed excess noise. You were kind enough to indicate that you would attempt to get a list of available sound engineers from the Police Department. I have discussed your comments with my client, Kristi Wilks Borst, and we both generally appreciate your position, and would be pleased to attempt to work within these constraints. At your convenience would you be so kind as to forward the list of sound engineers which either your department or the Police Department feels are qualified to provide this service. Thank you again for your consideration. Very tmly yours, McCANN & CARROLL Kevin E. McCann KEM:js cc: Client C:\DOCS\Ciieiits\Wilks (Borst) - 513.00\Use Permit AppealNFountain 03 07 08 wpd