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HomeMy WebLinkAbout2011-12-07; Planning Commission; ; CUP 11-03 - CINEPOLIS LUXURY CINEMASTbe City of Carlsbad Planmng Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 7, 2011 Application complete date: September 21,2011 Project Planner: Jason Goff Project Engineer: Tecla Levy SUBJECT: CUP 11-03 - CINEPOLIS LUXURY CINEMAS - Request for approval of a Conditional Use Permit to allow a 535 square foot bar/cocktail lounge as an ancillary use in conjunction with an approved movie theater tenant improvement presently under construction in the vacated Ultra Star La Costa 6 Cinemas location at 6941 El Camino Real, within the Plaza Paseo Real Shopping Center west of El Camino Real between Dove Lane and Aviara Parkway, the Mello II Segment of the Local Coastal Program, and the Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6840 APPROVING a Conditional Use Permit (CUP 11-03), based on the fmdings and subject to the conditions contained therein. II. INTRODUCTION The application is for a Conditional Use Permit (CUP) to allow a 535 square foot bar/cocktail lounge as an ancillary use in conjunction with a movie theater use re-tenanting the vacant Ultra Star La Costa 6 Cinemas location at 6941 El Camino Real in the Plaza Paseo Real Shopping Center west of El Camino Real between Dove Lane and Aviara Parkway. The site has a General Plan Land Use designation of Local Shopping Center (L), is zoned Local Shopping Center (C-L), and is located within the Mello II Segment of the Local Coastal Program. Pursuant to the C-L Zone, a CUP approved by the Plaiming Commission is required for a bar/cocktail lounge use subject to development standards and special regulations found in Carlsbad Municipal Code (C.M.C.) Section 21.42.140(B)(20). The site is within the Coastal Zone but is exempt from coastal development permit procedures. The project is consistent with all applicable plans, standards, ordinances and policies, and all the required findings to approve the CUP for the proposed use can be made. The Plarming Commission is the final decision making body for this action. III. PROJECT DESCRIPTION AND BACKGROUND Cinepolis Luxury Cinemas requests Planning Commission approval of a CUP to allow a 535 square foot bar/cocktail lounge as ancillary use in conjunction with the company's unique movie theater dining concept. The site of the proposed use is located within the Plaza Paseo Real Shopping Center, Building #F, where previously the Ultra Star La Costa 6 Cinemas operated a six-screen movie theater. o CUP 11-03 - CINEPOLIS LUXURY CINEMAS December 7, 2011 PAGE 2 The site of the proposed use is bordered to the north by an existing parking lot and the Dove Library, to the south and east by existing commercial businesses including the Vons supermarket, and to the west by a parking lot and single-family homes along Mimosa Drive, which are elevated topographically above the shopping center and are physically separated by a large retaining wall and fence. The former Ultra Star La Costa 6 Cinemas is presently under renovation by Cinepolis Luxury Cinemas, which received building permits in July of 2011 for the interior demolition and renovation of the existing theater building. Tenant improvements include a reduction in total number of theater seats from 1,500 seats to 532 seats to accommodate large leather recliner type chairs and end tables associated with their theater dining experience; retrofitting each of the six existing theater auditoriums to accommodate stadium style seating; removing the second floor theater projection rooms to accommodate digital projection systems and greater ceiling height; enclosing the outdoor ticket window; and complete renovation of the interior lobby area to accommodate a new kitchen, concession stand, beverage counter, small dining area, and new interior ticket counter. The approved exterior improvements include enclosing the tower at the northwest comer of the building to accommodate a new lobby area; enhancing the north, west, and tower elevations through the addition of wood veneer, slate stone siding, and a tile base; removal of two large marquee signs, and the addition of larger windows to provide for greater visibility and clear unobstructed views into the building. Aside from the upgraded amenities and services, the general concept of Cinepolis Luxury Cinemas is to provide a unique movie theater dining experience. While food service is provided in the main lobby seating area for anyone interested in dining before or after a movie, the main concept is focused on the movie theater dining experience. As such, Cinepolis Luxury Cinemas wishes to provide patrons with the option of alcoholic beverages in addition to a variety of non- alcoholic beverages to accompany this experience. To facilitate this service, a 535 square foot bar/cocktail lounge area consisting of a bar with seven bar stools and a small dining area with tables and chairs is proposed to be created where presently a beverage counter serving specialty coffees and juices is approved on the tenant improvement plans. Customers would be able to purchase alcoholic beverages directly at the bar or from a waiter/waitress serving patrons at tables in the lobby dining area or in the various theater auditoriums as approved by the Department of Alcoholic Beverage Control (ABC) for the State of California. The hours of operation for the movie theater are 11:00 AM to 1:30 AM, seven days a week. The applicant wishes to be able to provide alcoholic beverages commensurate with the last movie showing, and therefore is requesting alcohol service hours from 11:00 AM to 1:00 AM, seven days a week. For additional background, the City of San Diego recently approved the development of a Cinepolis Luxury Cinemas, which is the first ever in the United States and is presently open in the Del Mar Highland Town Center located on the comer of Del Mar Heights Road and El Camino Real. A conditional liquor license for this theater was approved on July 21, 2011 by ABC, which is attached to this report for the Planning Commissions review. From an operations standpoint, it is important to note that the ABC licensing agreement for the Del Mar location included 12 conditions, one of which restricts the sale of alcohol to only theater auditoriums 1 and 2 of the eight total theater auditoriums, and no one under the age of 21 is permitted in either of the two. The licensing agreement goes on to restrict the number of drinks one can be served; the hours in which alcoholic beverages are permitted to be served; drink size; and even the method by which a waiter/waitress is required to deliver an alcoholic beverage to a waiting CUP 11-03 - CINEPOLIS LUXURY CINEMAS December 7, 2011 PAGE 3 patron. Through conversations and meetings with ABC, City staff is expecting that if approved, the proposed bar/cocktail lounge use under consideration for the Cinepolis Luxury Cinemas in Carlsbad would be similarly conditioned by that agency. An early public notice was circulated to the surrounding community on May 6, 2011 resulting in a number of emails, letters, and a petition voicing concern and opposition to the proposed use. Copies of all correspondence and the petition are included as attachments for the Planning Commissions review. IV. ANALYSIS The recommendation for approval of this Conditional Use Permit was developed by analyzing the project's consistency with the applicable City regulations and policies. The proposed project is subject to the following regulations: A. General Plan - Local Shopping Center (L) Land Use designation; B. Local Shopping Center Zone (C-L) (C.M.C. 21.31); C. Conditional Use Permit Regulations (C.M.C. 21.42), and Development Standards and Special Regulations for Bars and Cocktail Lounges (C.M.C. 21.42.140(B)(20)); D. Coastal Development Permit Regulations for the Mello II Local Coastal Program (LCP) Segment; and E. Local Facilities Management Plan Zone 6. The project's compliance with each of the above regulations is discussed in the sections below: A. General Plan - Local Shopping Center (L) Land Use Designation The General Plan Land Use designation for the property is Local Shopping Center (L). The following Table A identifies General Plan goals and objectives relevant to the proposed project and indicates if the project is in compliance with those goals and objectives. TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Each local shopping center must contain the anchor tenants and secondary tenants that service the daily needs and convenience of the local neighborhoods, which include retail businesses, small offices, and a variety of services. The proposed bar/cocktail lounge is a secondary tenant commercial use that is conditionally permitted within the Local Shopping Center (C-L) Zone. Since the C-L Zone implements the Local Shopping Center (L) General Plan Land Use designation, the use is in compliance with the General Plan. Yes CUP 11-03 - CINEPOLIS LUXURY CINEMAS December 7, 2011 PAGE 4 TABLE A - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise Control harmful or undesirable sounds through the planning and regulatory process. The proposed use is contained entirely within the interior confines of an existing commercially zoned (C-L) building of an existing Local Commercial Shopping Center and does not propose to generate additional noise. In fact, through the approved tenant improvements, the proposed use when cumulatively considered reduces noise at the site in that all outdoor associated uses with the previous theater (i.e., the outdoor box office with amplified voice speaker box) are being removed and replaced by an interior located ticket counter. Yes Circulation Provide an adequate circulation infrastmcture concurrent with or prior to the actual demand for such facilities. The proposed use does not increase traffic. In fact, the proposed use reduces traffic when the theater seating reducfion (i.e., 1,500 seats to 532 seats) associated with the theater renovations are cumulatively considered. Average daily trips (ADT) are reduced from 2,700 ADT to 958 ADT. Yes B. & C. Local Shopping Center (C-L) Zone (C.M.C. 21.31), Conditional Use Permit Regulations (C.M.C. 21.42), and Development Standards and Special Regulations for Bars and Cocktail Lounges (C.M.C. 21.42.140(B)(20)) The proposed use is located in the Local Shopping Center (C-L) Zone (C.M.C. Chapter 21.31). Pursuant to C.M.C. Section 21.31.050(D)(1), tenant improvements associated with the proposed use are exempt from the requirement to amend the existing Site Development Plan (SDP 86- 11 A) for the Plaza Paseo Real Shopping Center and also the C-L Zone development standards. Bars and cocktail lounges are considered conditionally permitted uses in the C-L Zone, and require Planning Commission approval of a Conditional Use Permit subject to the provisions of C. M.C. Chapter 21.42, and compliance with the Bar and Cocktail Lounge Development Standards and Special Regulations of C.M.C. Secfion 21.42.140(B)(20). Chapter 21.42 of the C.M.C. requires that four findings be made in order to approve a Conditional Use Permit. CUP 11-03 - CINEPOLIS LUXURY CINEMAS December 7, 2011 PAGE 5 The four findings for approving a Conditional Use Permit can be made, and the project is in compliance with the required Development Standards and Special Regulations for a Bar and Cocktail Lounge as discussed below. 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan. The requested use is necessary and desirable for the development of the community in that the proposed bar/cocktail lounge use, which is an ancillary but integral component of this unique luxury movie theater dining concept, provides an opportunity for the local shopping center to supplement its principal function of providing the local neighborhood with daily goods and services by also including an entertainment venue that caters to all age groups, enhances the shopping center environment, and provides jobs for the local community. Additionally, the proposed ancillary use when combined with the luxury movie theater dining concept replaces an existing but vacant movie theater and serves to support the neighboring businesses through re-tenanting of an existing space, rehabilitating the building's interior with luxury amenities, enhancing the exterior facade with high quality building materials, and enlivening the northem end of the existing shopping center. Additionally, the requested use is in harmony with the various elements and objectives of the General Plan as discussed above in Section "A". 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed bar/cocktail lounge, as an integral component of the luxury movie theater dining concept, will ftinction similarly to the other four alcohol serving dining establishments (i.e., Joey's Smokin' BBQ & Doc's Saloon, Tomoyama Sushi, Tuscany Ristorante, and Tin Leaf) located within the Plaza Paseo Real Shopping Center. 3. That the site is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed by code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. As discussed within Sections "B" and "C" of this report, the tenant improvements associated with the proposed use are exempt from the development standards of the C-L Zone. The project otherwise complies with all development standards and special regulations identified in C.M.C. Section 21.42.140(B)(20) for a Bar and Cocktail Lounge as discussed below. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The street system serving the existing center is currently operating at an acceptable level of service. When the proposed bar/cocktail lounge use and the movie theater auditorium seating reductions (i.e., 1,500 seats to 532 seats) associated with the movie theater renovations are cumulatively considered, the average daily trips (ADT) associated with the overall project CUP 11-03 - CINEPOLIS LUXURY CINEMAS December 7, 2011 PAGE 6 are reduced from 2,700 ADT to 958 ADT. Therefore, the existing street system will continue to be adequate to properly handle all project traffic. The six Development Standards and Special Regulations required for approving a Conditional Use Permit for a Bar/Cocktail Lounge are as follows: 5. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. The approved renovations currently under construction on the existing theater building provide clear unobstructed views of the interior premises from the exterior of the building. 6. Parking shall be provided at the rate of not less than one space per fifty square feet of gross floor area. The existing movie theater that was approved concurrently with the Site Development Plan for the Plaza Paseo Real Shopping Center was originally approved with 1,500 seats and 255 parking spaces. Movie theaters are required to provide one parking space for every five seats. After receiving a 15% parking reduction pursuant to the common parking facilities (C.M.C. 21.44.090), the existing movie theater was required to provide 255 parking spaces (1,500 5 = 300 spaces x 15% = 45 spaces. 300 - 45 = 255 spaces required), which were provided on-site. The approved tenant improvements for Cinepolis Luxury Cinemas reduced the existing theater seating capacity from 1,500 seats to 532 seats, resulfing in a reduction of required parking by approximately two-thirds. In total, the required amount of parking was reduced from 255 required parking spaces to 91 required parking spaces, resulting in 164 excess parking spaces being made available on-site for new improvements, such as the proposed use. The proposed bar/cocktail lounge is considered a new improvement and is required to provide one parking space per fifty square feet of gross floor area. At 535 square feet, the proposed bar/cocktail lounge is required to provide 11 parking spaces (535 50 = 11 spaces). When the 11 required parking spaces for the bar/cocktail lounge are added to the 91 required spaces for the renovated movie theater, the overall project is required to provide a total of 102 parking spaces, resulting in a total of 153 excess parking spaces being made available on-site after project approvals. 7. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all times. The proposed use is located within an existing tenant space as part of a larger existing shopping center that is managed by a property management company whose goal it is to ensure that the center is maintained in a neat and orderly condition at all times. Additionally, the proposed CUP is subject to annual review by the City for compliance with conditions of approval and the monitoring of any code violations or complaints, including but not limited to, monitoring, inspection, and reporting on the condition and environment of the project's surrounding grounds and parking areas. CUP 11-03 - CINEPOLIS LUXURY CINEMAS December 7, 2011 PAGE 7 8. Any structure housing such operation shall meet all applicable code provisions prior to occupancy. The interior renovation of the structure housing the use is subject to building permit approval and inspection, for which all applicable code provisions will be required and inspected for compliance prior to occupancy or exercise of the proposed use. 9. Licensee or agent shall not permit open containers of alcoholic liquor to be taken from the premise. The proposed use is intended for the on-site sale and consumption of alcoholic beverages and is subject to review, licensing, and enforcement by the Department of Alcoholic Beverage Control (ABC) for the State of Califomia. Attached is a copy of the ABC licensing agreement for the Cinepolis Luxury Cinemas, which was recently approved and is now operating in the Del Mar Highlands Town Center located in the City of San Diego at the intersection of Del Mar Heights Road and El Camino Real (please see attachment). As required by Condition No. 1 of 12, the sale, service, and consumption of alcoholic beverages will be confined to the interior of the business and does not allow for alcoholic beverages in general to be taken from the premise. Conversations and meetings with ABC indicate that if the CUP is approved, the ABC licensing agreement for the Carlsbad Cinepolis Luxury Cinemas would be similarly conditioned. 10. No bar and cocktail lounge shall be located within five hundred feet of any other bar or cocktail lounge. No other bar and cocktail lounges are located within five hundred feet of the proposed use. D. Coastal Development Permit Regulations for the Mello II Local Coastal Program (LCP) Segment The proposed use is located within the Mello II Segment of the Local Coastal Program. The project is exempt from the coastal development permit procedures because the change in proposed use is decreasing the overall intensity of the existing stmcture when all other improvements associated with the theater renovation are cumulatively considered. E. Local Facilities Management Plan Zone 6 The site of the proposed use is located within Local Facilities Management Zone 6 in the southwest quadrant of the City, and will not impact public facilities. V. ENVIRONMENTAL REVIEW The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment. Therefore, the project is categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Class 1) - Existing Facilities of the state CEQA Guidelines in that the project involves the minor interior alterations of an existing movie CUP 11-03 - CINEPOLIS LUXURY CINEMAS December 7, 2011 PAGE 8 theater building to accommodate the addition of a bar/cocktail lounge as an ancillary use in conjunction with a movie theater use. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS; 1. Plarming Commission Resolution No. 6840 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Reduced Exhibits 6. ABC Licensing Agreement, Cineoplis Luxury Cinemas, Del Mar Highlands Town Center 7. Email correspondence dating from May 9, 2011 to June 10, 2011 8. Letter dated May 11,2011 9. Letter dated May 23, 2011 10. Petition against the proposed use submitted June 24, 2011 11. Exhibits "A - G" dated December 7, 2011 N NOT TO SCALE SITE MAP Cinepolis Luxury Cinemas CUP 11-03 BACKGROUND DATA SHEET CASE NO: CUP 11-03 CASE NAME: CINEPOLIS LUXURY CINEMAS APPLICANT: Califomia Cinema Investments REQUEST AND LOCATION: Request for approval of a Conditional Use Permit to allow a 535 square foot bar/cocktail lounge as an ancillary use in conjunction with an approved movie theater tenant improvement presently imder constmction in the vacated Ultra Star La Costa 6 Cinemas location at 6941 El Camino Real, within the Plaza Paseo Real Shopping Center west of El Camino Real between Dove Lane and Aviara Parkwav. the Mello II Segment of the Local Coastal Program, and the Local Facilities Management Zone 6. LEGAL DESCRIPTION: Parcel 3 of Parcel Map No. 16044. recorded April 5. 1990. San Diego County Recorder's Office, Document No. 90-184248. APN: 215-050-75-00 Acres: 14.83 Proposed No. of Lots/Units: N/A ^_ GENERAL PLAN AND ZONING Existing Land Use Designation: Local Shopping Center (L) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Local Shopping Center (C-L) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Site North South East West Zoning General Plan Current Land Use C-L L Vacant Movie Theater C-L L Dove Library/\acant Land C-L L Vons Supermarket C-l-Q L Commercial Center C-L/R-l-Q L/RLM Post Office/Single-Family Homes LOCAL COASTAL PROGRAM Coastal Zone: ^ Yes O No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Q Yes ^ No Coastal Development Permit: O Yes ^ No Local Coastal Program Amendment: O Yes |^ No Existing LCP Land Use Designation: L_ Existing LCP Zone: C-L Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 16.5 EDUs ENVIRONMENTAL IMPACT ASSESSMENT IXI Categorical Exemption, Section 15301 (Class 1) - Existing Facilities I I Negative Declaration, issued N/A I I Certified Environmental Impact Report, dated N/A • Other, N/A Revised 01/06 .A DISCLOSURE Development Services %0y- STATEWIENT Planning Division ^ CITY OF P-IfAl 1635 Faraday Avenue CAR\ SRAD (760)602 4610 V«,/^8\l--%^l-'/\l--' WWW.cafl5badca.gov Applicant's statement or disclosure of certain ownership interests on all applications which wilt require discretionary action on the part of the City Council or any appointed Boaitl, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, eo-partnersliip, joint venture, association, social clul), fi'aternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COWPLETE. LEGAL names and addresses of ALL persons having a financial interest In the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titl^, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person H-<^.Y<^nAiP> Corp/Part U 4r>-r T^ ^ Cm€w\<\ Iw^fbi^tAH Title ?reSt<^e,3V Tjtfe Address p<^^•^-P.. p^A^<^g^<. pa Address. 2. OWNER (Not the owner's agent) Provide the COiVIPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporaflon, etc.). If the ownership includes a corporation or partnership. Include the names, titles, addresses of ail individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a puhllclv-owned corporation. Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Corp/Part fia^/SiT^Si£o K^AI A-4^gtf^-gc IXQ, AddressM4^gl Uh\ii<^r^\^C.\QltAAddress P-1(A) Page 1 of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST if any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? No If yes, please indicate person(s): NOTE: Attach additional sheets If necessary. certify that all the above information is true and correcVtoine b^tcf^mi^nowiedge. Signature of owner/date Owner: Plaza Paseo Real Associates, LLC A Delaware limited liabiii^ company BY: . Madison Marquette Retail Services, inc. Its: f I A<^horized Agent____^ SignalilTelof applicatrodate 3. f?. 2X>[( Print or type name of applicant Michael HuHA/lc«-President of Management Services, CPM '^te Date: g&'ife* U Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 CUP 11-03 EXISTING SITE PLAN (FOR REFERENCE ONLY) GENERAL INFORMATION PROJECT /ADDRESS: ASSESOR'S PARCEL NUMBER: ZONING: EXISTING GENERAL PLAN LAND USE DESIGNATION: EXISONG USE: PROPOSED USE: BUILDING SOIJAR€ FOOTAGE: OUTOOOR PATIO AREA SQUARE FOOTAGE OF THE BAR AND SEATING AREA WITHIN THE THEATER LOBB( NUMBER OF EXISTING THEATER SEATS: NUMBER OF PROPOSR) THEATER SEATS: NUMBER OF PARKING SPACES REQUIRED: NUMBER OF PARKING SPACES PROVIDED: APN: 215-050-75-00 C-L (UDCW. SHOPPING CEMtER) L (LOCAL SHOPPING CENTER) THEATER THEATER. RESTAURANT, BAR 29.797 SF 0 Sf BAR/DINING AREA 535 SF LOUNGE AREA 780 SF 1500 SEATS 532 SEATS 255 SPACES • 255 SPACES • PARKING sfFE MD nuaoK ocwxincin is casmc TO REHW (NAP.) UKKR TK 9nmK CENiD) iPPimcD use THE OCCUPMIT LCM> IS DECDDUED Bt tPPKlXmlB.1 iM JNOER THE NEW OPtMTOH TKRCBf CKATMG MWL«t£ PWKNG TWT TMC KvaOPER WT CHOOSE TO PtKMOE FOR MtOTHER CONCEHIWED USE OR WW BUHDNC ma UWet StPMHTE lUKPtL REMEW MO iPfKWL PROPOSED BUILDING AREAS: ore. *i iML) iTjTO sr Lfva } IMS SF Loeffr toaman saa sr M POP OUT 75 SF TUTM. M,ais Sf EXISnNG BUILDING AREAS: SITE PLAN CINEPOLIS LUXURY CINEMAS, LA COSTA 6941 Camino Real Carlsbad, California 24 AUGUST 2011 PROJECT NO: 10032 OWNER/DEVELOPER MADISON MARQUEHE ADDRESS 1555 CAMINO DEL MAR, SUITE 315B DEL MAR, CA 92014 PHONE e5M76-1165 TENANT CALIFORNIA CINEMA INVESTMENTS ADDRESS 566 LUCERA AVENUE PACIFIC PALISADES, CA 90272 PHONE 310-230-9797 9 4 9.7 5 7. ARCHITECTS A1 - BT OWNER (TO BE IPPKKJ) UKtU A SEPtRtTE 9CN PEMT) J) CONCEJUED WIO (E) ROOT TIE TO REUW fl • \ -J)^ r - -"f'i LUXURY : :i r-l-.';.-[|:J-•-iCINEMAS nn fl • t I - - -- -nn fl • t M ^ : V 3 r—K f [\ 1 - -nn fl • t I T- r—K f [\ 1 -t i nn - (N) UETM. WMNC - (N) POSTER «SE - (N) MMOZED MJMHM STOREFRONT AT TOWER IXtNMG - (N) UGHT FKTURES-TVP - (N) WOOD BEM - (N) PWrni PUSTER SCALE: 3/32-.1-0- WEST ELEVATION - PROPOSED 4 (N) SEN ISO SF-BT OWNER (m BE APPttWEO WOO) * SEPMMTE SEN PBSMI) CUP 11-03 (N) CONCtM£D mo UEHTMS ^ i/3r.i -0- NORTH ELEVATION - PROPOSED | 1 - (E) UiRQUEE TO « REMtWD (E) SKN TO BE REHOWD 1 ::-r^ni:Tfln m - (E) BOX omCE-STCHOROMT, IMOUEE MD TU COUNTER TO BE REMCKED SOLE: 3/32-.1 -0- WEST ELEVATION - EXISTING 5 (E) SON TO K REMMS (E) UOfIS TO BE HO COUtMSMD TO BE RONWCO * (E) CWOPT M TCMR TO BE (E) BOX OmcE-STO«nHMT, WRQUEE MO lU COUNTER TO BE REMCKD SCALE: 3/32-.1 -0- NORTH ELEVATION - EXISTING 2 SCAlf: 3/32'-V-0* PATIO AND SIDEWALK PLAN 3 CINEPOLIS LUXURY CINEMAS - LA COSTA 6941 Camino Real Carlsbad, California 24 AUGUST 2011 PROJECT NO: 10032 OWNER/DEVELOPER MADISON MARQUETTE ADDRESS 1555 CAMINO DEL MAR, SUITE 315B DEL MAR, CA 92014 PHONE 8S8476-1165 CALIFORNIA CINEMA INVESTMENTS ADDRESS 566 LUCERA AVENUE PACIFK; PALISADES, CA 90272 PHONE 310-230-9797 i-B Sky Park Circ I, CaJllornia 92614 ^ ^ .7 3 7,3 2 4 0 ' A9 ARCHITECTS A^d - (N) 960 sr \am UXIKM CUP 11-03 SCALE: 3/32"-1-0" PROPOSED FLOOR PLAN - LEVEL ONE 1 CINEPOLIS LUXURY CINEMAS - LA COSTA 6941 Camino Real Carlsbad, California 24AUGUST 2011 PROJECT NO; 1003Z OWNER/DEVELOPER TENANT MADISON MARQUETTE ADDRESS 1555 CAMINO DEL MAR, SUITE 315B DEL MAR, CA 92014 PHONE 858-875-1165 CALIFORNIA CINEMA INVESTMENTS ADDRESS 566 LUCERA AVENUE PACIFIC PALISADES, CA 90272 PHONE 310-230-9797 17848-B Sky Park Circle Irvine. California 92614 ^ ^ 949.757.3240 ARCHITECTS A3a (5 ® ® ® ® J4 9 FOfI TMI ACTUAL ^ \ C^fOURATlOK OP mE MttlnM >MRTrflOMt. ' »"==S%4,J=g.=2===^ CUP 11-03 EXISTING FLOOR PLAN - LEVEL ONE 1 CINEPOLIS LUXURY CINEMAS - LA COSTA OWNER/DEVELOPER MADISON MARQUETTE TENANT CALIFORNIA CINEMA INVESTMENTS 6941 Camino Real Carlsbad, California 24AUGUST2011 PROJECT NO: 10032 ADDRESS ADDRESS 1555 CAMINO DEL MAK, SUITE 3156 566 LUCERA AVENUE DEL MAR, CA 92014 PACIFIC PALISADES, CA 90272 17848-B Sky Park Circle 949.757.3240 PHONE 85&476-1165 PHONE 311>-23&-9797 ARCHITECTS A3b :1 © © • ® - ® - l © ® T © © ©© © (?) @ •i'-i CUP 11-03 © ®© © ®® © © SCALE: 3/32'=1'-0' PROPOSED FLOOR PLAN - LEVEL TWO | 1 CINEPOLIS LUXURY CINEMAS - LA COSTA 694] Camino Real Carlsbad, California 24AUGUST 2011 PROJECT NO 10032 OWNER/DEVELOPER TENANT MADISON MARQUEHE CALIFORNIA CINEMA INVESTMENTS ADDRESS ADDRESS 1555 CAMINO DEL MAR, SUITE 315B S66 LUCERA AVENUE DEL MAR, CA 92014 PACIFIC PALISADES, CA 90272 PHONE 858-576-1165 PHONE 310-230-9797 1 7B48-B Sky Park Circle Irvine. California 92614 L. ^ 949.757.3240 ARCHITECTS A3c 1% o i- ©r ® CINEPOLIS LUXURY CINEMAS - LA COSTA OWNER/DEVELOPER MADISON MARQUETTE SCALE: 3/32 -1-0" TENANT CALIFORNIA CINEMA INVESTMENTS ADDRESS CUP 11-03 EXISTING FLOOR PLAN - LEVEL TWO 1 6941 Camino Real Carlsbad, California 24AUGUST 2011 PROJECTNO: 10032 1555 CAMINO DEL MAR, SUITE 315B 566 LUCERA AVENUE DEL MAR, CA 92014 PACIFIC PALISADES, CA 90272 PHONE 858-876-1165 PHONE 310-230-9797 17a4B-B Sky Park CircfB Irvine, California 92614 t ^ 949.757,3240 ARCHITECTS A3d ® © : • i t ® • s © - © • • © © • (N) ROOF WTW SEE - _! _ . Ztl 1 ] / - (E) tff H6H HOOF EQUPtOn SCWDI | ! / SHEET mn. tJP (MB (E) 1 i 1 / ROOF HUTCH — J / l>KKKE mc UHTS <M IGOUSI , / BOUTWN CURBS rtP. OOt EXBT • / OB NOr OPEHMCS PES SfRUCT ,— (N) EKHWSI F*N / • R«t T,05, , 1/- (N) RTU CONCEUD 1 Br (E) puivn w I (N) TREUS TOP 1 t Q I J © ©® (I) © ®® ®®® -® CUP 11-03 ROOF PLAN 3 CINEPOLIS LUXURY CINEMAS - LA COSTA OWNER/DEVELOPER MADISON MARQUETTE CALIFORNIA CINEMA INVESTMENTS 6941 Camino Real Carlsbad, California 24 AUGUST 2011 PROJECT NO: 10032 ADDRESS ADDRESS 1555 CAMINO DEL MAR, SUITE 315B 566 LUCERA AVENUE OELMAR,CA920M PACIFIC PALISADES, CA 90272 17a48-B Sky Park Circle Irvine. California 92614 If J w 949.757.3240 I' I PHONE 85M76-1165 PHONE 310-23O-9797 ARCHITECTS A4 communication is strictly prohibited. If you have received this wiTimunlcation in error •lease aatiii/,ue,,imii«iA/!(S'i»>->K>j<s~'.<^~i~-.'— • • —'— BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTRQfc^p.. OF Tinr. STATTT. OF r AT.TFOHNIA ^ C!! V U BSr THE MATTER OF THE APPLICATION OF LHC FOOD & BEVERAGE LLC Dba: Cinepolis Luxury Cinemas 12905 EL CAMINO REAL, STE Kl SAN DIEGO, CA 92130-1804 For Issuance of an On-Sale General Eating Place License Under the Alcoholic Beverage Control Act M\22tm Dept of Alconoiic Beverag© Control FILE 47-509113 San Marcos PETITION FOR CONDITIONAL LICENSE WHEREAS, petitioner(s) has/have jGled an application for the issuance of the above-xeferred-to license(s) for the above-mentioned premises; and, WHEREAS, the pr^nises operates as a movie theater and lise Department has concerns \vith regard to the petitioner's ability to control and monitor the sales, service and consumption of alcoholic beverages; and, WHEREAS, pursuant to Section 23958 of the Business and Professions Code, the Department may deny an application for a license where issuance would result in or add to an undue concentration of licenses; and, WHEREAS, the proposed premises are located in Coosus Tract 83.29 where there presently exists an undue concentration of licenses as defined by Section 23958.4 of the Business snd Professions Code; and, WHEREAS, the petitioner(s) stipulate(s) that by reason of the aforementioned over-concentration of licenses, grounds exist for denial of the applied-for license(s); and, WHEREAS, the proposed premises is within 600 feet ftom Solana Beach Elementary School at 3901 Townsgate Drive, San Diego; and, WHEREAS, issuance of an muestricted license without the below-desc^bed conditions may interfere with the public use of the above-mentioned consideration point; and, WHEREAS, the San Diego Police Department has filed a protest against the issuance of the applied-for licenses; and, WHEREAS, tiie issuance of an unresHcted license would be contrary to public welfare and morals; NOW, THEREFORE, the undersigned petitioner(s) do/does hereby petition for a conditional licCDse as follows, to-wit: 06/29/2011 16:59 FAI 760 471 6142 ABC 0002 •\_-/' o 47-509113 Page 2 1 Sales, service and consumption of alcoholic beverages shall be confined to the ^as l^led lobby, kitchen, storage, cinebar and theaters/auditoriums 1 and 2, outhncd on the attached ABC-257 Licensed Premises Diagram dated 2-28-11. 2. Sales, service and consumption of alcoholic beverages shall be pemiitted only between the hours of 6:00 AM and 1.00 AM, each day of the week. 3. No persons under 21 years of age shall be permitted inlheaters/auditoriums 1 and 2. 4. No more than two (2) alcohoUc beverages shaU be sold or served to a patron in the licensed theaters/auditoriums, as depicted on the ABC-257 Licensed Premises Diagram dated 2-28-11, per showing or event. 5. Beer must be served in distinctive containers not to exceed 16 ounces and wine in distinctive containers not to exceed 8 ounces. 6. At all times, all access to the licensed theaters/auditoriums shall be restricted to patrons who have purchased a reserved and designated seat Patrons shall provide staff widi sufficient identification to confirm that patron is 21 years of j^e or older at the OTtry location to the theaier/auftitcmtnn. At all times designated movie theater/auditorium, no one under the age of 21 shall be permitted in said theater/auditorium. Valid identification must be shown upon entry and re-entry into the theaters/auditoriums. 7. At such times that alcoholic beverage service is provided within theaters/auditOTiums 1 and 2, all servers providing services within theaters 1 and 2 shall be at least 21 years of age. 8. Sale and/or service of alcoholic beverages by waiters or waitresses in the spectator seating area shall be limited to tiiie following areas: OR and only under the following conditions: a. Only persons occupying seats in the above designated spectator areas shall be permitted to order and be sraved alcoholic beverages. b. Orders from patrons seated in the designated spectator areas must be personally made to the waiter or waitress serving that area and the alcoholic beverage order must be personally delivered to the patron by ttie waitor or waitress who took die order. c. The waiter or waitress saving the designated areas may not carry a supply of unordered alcoholic beverages. 9. At all times w/hen the premises is open for business, the sale of food shall be available for purchase. 06/29/2011 16:59 FAI 760 471 6142 ABC 0003 47-509113 ^ Page 3 10. The petitiona: shall post signs measuring no less than 12 by 12 inches with lettering no smaller than two inches in height that read "No Alcoholic Bever^es beyond this point" at all premises exits within the tfaeatei^auditoiiums as shown on die ABC-2S7 Licensed Premises Diagram dated 2-28-U. 11. The petitioner shall post signs measurii^ no less ftan 12 by 12 inches with lettering no smaller than two mches in height that read "No Persons under 21 Allowed" at all premises exits within the theaters/auditoriums labeled 1 and 2 as shown on the ABC-257 Licensed Premises Diagram dated 2-28-11. 12. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. Food sales and non-alcoholic beverage sales from theaters/auditoriums 3,4,5,6,7,8 shaU not be included. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic bevorages of the licensed business. Said records shall be kept no less fiequently than on a quarterly basis and shall be made available to the Department on demand. This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and Professions Code and will be carried forward in any transfer at the s^licant-premises. Petitioner(s) agree(s) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The pctitioner(s) understand($) that any violation of the foregoing condition($) shall be grounds for the suspension or revocation of the license(s). DATED THIS DAY OF 0>0 .20 \ \ . LHC FOOD BEVERAGE LLC Manager: Cynthia Cinati 06/29/2011 17:00 FAI 760 471 6142 ABC 21004 Department of Aloohollc Beverage Conths^ LICENSED PREMISES DIAGRAM (RETAIL) SlalBofCaltfomia 1. APFUaWTNAXIE (Lori.fnlmlMI^ LHC FOOD A BEVERAGE. LLC ^ ~\'?R1^|8ES>0PRPS'* (SiM« nSSiiriinSijim, O). lip oida) 12905 EL CAMtNO REAL SAN DIEGO, CA 92130 1^ UCSN^IVPE iTK»^'™5«??affif"""^ i DEL MAR. HEIGHTS KD. TEe aiagiiin"^bdowF^ttu^^ awTert'descripaoTof the entrances, exits, mtMior^ls and exterior boundScs of the premises to be licensed, indvding dimeMiom and idem^cation of each room (ue., storeroom , :'o^".^L- — . " • — DIAGRAM ?50'-S" FIRST FWOft PUN - ENTIRE PROiStS It is hereby decliffed that the above-described bounces, entniiuxs toA planned operation as indicated oa the vevetst side, will not be changed without first notifying and securmg prior written ^)proval of the Department of Alcoholic Beverage Control. I declare under penalty of pe^uiy that Ac foregoing is true and conrect ^^.JC*.i:-sii5L, , L_2:,iil:.3£U _ _ _ ^'C^^Jl^r^^^Ai^^^iCeii^iX--^-,- ABC-257 06/29/2011 17:00 FAI 760 471 6142 ABC ilOOS Department of Akahofic Beverage Conti^>i^ LICENSED PREMISES DIAGRAM (RETAIL) StctearCslHbinia 1. APfHJOMrmME ((aAlMWtMMO LHC POOD & BEVERAGE, LLC 12. LicaiaeTYPe I DEL MAR HEIGHTS RD. 12905 EL CAMINO REAL SAN DIEGO, CA 92130 ^ ^ m ¥agram bdowTsllw bound^ of the premises to be licensed, indhuUng dmemiom and identificatum ofeach room fi.*., storeroom , ';s0sefL.etcJ-r- 1> 39-8 1/2" 59-8 1/2' FIRST FLOOR BAR, LOBBY, CONCESSION AREA SECOND FLOOR It is bei^ deciared that the aix>ve-described boundaries, ontrances and planned oporaticMi as indicated on die reverse side, will not be drained without first noting mi securing prior written ^JIHOVBI of the Deparunent of AlorfKrfic Beverage ContipL I declare under penalty of peijury diat the fisregoin® is true and comet jtWlESIGNEB f&R ABC USEWILY ABC5571 PRINTED WWIE 'imSMCItONDiUE Jason Goff From; Debbie D [makeitct@gmail.conn] Sent: IVIonday, May 09, 2011 5:12 PIVI To: Jason Goff Subject: Cinepolis VIP Tfieater Dear Mr. Goff, Thank you for the public notice of Project CUP 11-03. I'm a owner/resident at West Bluff Hills, which is located across the street from the theater. I've lived in Carlsbad for the last 20 years. I oppose this project for many reasons, but the main one is that many families with children visit this theater. With a bar and a cocktail lounge inside the theater, would not allow anyone under the age of 21 permitted. That immediate location screams "family" with the library, pizza restaurant, coffee shop, 31 Flavor Ice Cream downstairs and numerous other family friendly services. One our finest elementary/middle schools, Aviara Oaks, is located just up the street. Many families that live in this immediate area and the children that attend Aviara come to this movie theater and have for years. We don't need a theater/bar or club scene in our community! Also, this is the only movie theater in the area, especially with the one in Encinitas closing a few years back. Their are other restaurants in the same center that will accommodate someone that is requesting a cocktail. Tuscany and the Sushi restaurant a few doors down from the theater are just a couple to mention. Thank you for your consideration regarding this project. Sincerely, Debra DeMartino 6909 H Quail Place Carlsbad 92009 Jason Goff From: Lynn.Pressey@sce.com Sent: Wednesday, May 11, 2011 12:15 PM To: Jason Goff Subject: Cinepolis VIP Theater notice Dear Mr. Goff, I received the early public notice in the mail last Saturday letting me know about the development application that was submitted to allow the movie theater in the Vons Shopping Center to expand into the parking lot and have a bar that has live music, etc. I live directly above the movie theater at 6956 Mimosa Drive and wanted to let you know that I greatly oppose this development. I already have issues with the noise coming from the theater due to kids hanging out there after the movies and skate boarding or talking until the wee hours of the morning. I have personally gotten out of bed at 0130 in the morning and driven down to the theater in my pajamas to ask them to please be considerate of residents in the area who work and have to get up early and therefore need some sleep. I have also called the CPD to have them send a patrol car there because of the noise and what sounded like destruction of the property (breaking light bulbs around the archways at the theater). Additionally, it's my understanding that Vons and the owner of the property there agreed that Vons would not do any unloading of trucks until 7 a.m. and many times I hear the trucks backing up and hitting there air brakes well before 7 and as early as 0430. I think I am a fairly reasonable person, but when I tiought my house 15 years ago one of the draws was that there was not late night activity in the shopping center and yet it (the stores, theater, resturants) provided great convenience. While I am not opposed to new business ventures like this, I am against having a bar type atmosphere in the shopping center that is not only so close to my residence, but also the Dove Library where many of the children in the area go. I believe this will drive the value of my home down, will make my experience of living in what I thought was a relatively quiet area, non-existent, increase the potential for crime, and have a physical/medical impact on me if I am unable to get the sleep I need to effectively function. I know one could argue that I should just close my windows, but 1 don't believe I should have to do that as I enjoy having the fresh air and it keeps my home cool during the summer. In 2004,1 spent over $65K in putting in a pond/waterfall treatment and fire-pit in my back yard as I like sitting out there enjoying nature. I added the waterfall to help drown out the noise from the shopping center and am very concerned that allowing this development will negatively affect my quality of life in Carlsbad where I have lived for the past 21 years. I respectfully request that you please disallow this request. I would be glad to answer any questions if you have any. Lynn Pressey 760-438-4567 626-863-3294 (cell) Jason Goff From: Robert Laplante [rlaplante@media-corps.com] Sent: Wednesday, May 11, 2011 6:25 PM To: Jason Goff Subject: CUP 11-03 I hope the City of Carlsbad approves this project! Robert Laplante 1955 Marcasite Place Carlsbad, CA 92009 858-539-6311 Jason Goff From: mybestkids @dslextreme.com [mybestkids@dslextreme.com] Sent: Tuesday, May 17, 2011 8:37 AM To: Jason Goff Subject: Movie Theater Please add me to your list for updates and meetings regarding the remodel of the movie theater on the comer of Alga and El Camino in Carlsbad. I am opposed to the plan as it has been presented to me. This location has been a family gathering place for Carlsbad residents for 10 years that I know of It has almost been an extension of the home in that the same employees have been there and the staff very personable. To change it to capture the 45+ crowd (higher prices, alcohol, fewer seats) is so wrong. It is within walking distance to the Dove Library (right next door), a stone's throw from the elementary school and middle school where we try to teach our children that it is NOT necessary to drink to have a good time. I can't believe the city of Carlsbad would even consider such a change in business type. From the information I am hearing from the various families within the area, 1 do not think this business will survive in this location. No one will go to it. Why can't it continue to be a FAMILY theater? The next thing we now, it will be showing X rated movies with advertisements on the sides of the buildings and kiosks so the children can see them. Sincerely, Kim Krebs mybestkids@dslextreme.com Jason Goff From: Sent: To: Cc: Subject: Lupita Anderson [LAnderson@xenonics.com] Thursday, May 19, 2011 1:17 PM Jason Goff Lupita Anderson Theater in La Costa- Adult Oriented Theater - Bar Permit Request - 21 YEAR OLD ONLY LIMITED INSIDE THEATERS, WHERE ALCOHOL WILL ALSO BE SERVED JASON GOFF 1635 FARADAY AVE CARLSBAD, CA 92008 CITY PLANNING 760 602-4643 E MAIL: 3AS0N.G0FF(3CARLSBADCA.GOV Dear Mr. Goff: I strongly object to the type of proposed establishment in our community and request that the Planning Commission rule against this type of operation. Further, I am in hopes that the shopping center will restore a family friendly theater with no alcohol served. Respectfully submitted, Lupita Anderson 6673 Corte Maria Carlsbad, CA 92009 LupiandersoniSroadrunner.com <mailto:Lupianderson^roadrunner.com> Jason Goff From: Sent: To: Subject: Importance: Janice Hooks [jhooks@systemsops.com] Friday, May 20, 2011 8:48 AM Jason Goff adult oriented theratre High Dear Jason Goff, I strongly disapprove of this kind of theater being located at the shopping center at El Camino Real and Aviara Parkway. Many families with children use this shopping center and like to go to movies. This shopping center is located where families live and play. Thank you, Janice Hooks Jason Goff From: JCoomes690@aol.com Sent: Friday, May 20, 2011 3:56 PM To: Jason Goff Subject: Proposed Theater in La Costa Joanne Coomes 395 Sunset Drive Encinitas, CA 92024 760-942-2796 Mr. Jason Goff CITY PLANNNG 1635 Faraday Avenue Carlsbad, CA 92008 RE: Proposed Theater @ Von's Shopping Center bear Mr. Goff: I have lived in Encinitas since 1978. I have raised 7 children here. I now have 7 grandchildren. Four of them live near-by: 2 in Encinitas, and 2 in Vista. I love taking them to the movies. Nevermind that, I foye to go to the movies with my girlfriends. Our first choice is always the La Costa Theater, due to its proximity. I will not be a patron of the proposed theater due to the fact that the cost of tickets would increase significantly. I would not be able to take my Grandchildren to the movies there. The number of times I would use this theater would decrease from approximately 17 per year (I figure I go to the movies every 3 weeks or so..) to 1 or 2. I am hoping that you will iiot give permission for this type of theater at this location. I will be forced to take my business into San Marcos or Vista and would much prefer to stay closer to home keeping my money in the city of Carlsbad. Sincerely, Joanne Coomes Jason Goff From: Tina Overbeck [thetinatalk@yahoo.com] Sent: Friday, May 20, 2011 10:00 AM To: Jason Goff Subject: Movie Theatre in Carlsbad Dear Mr. Goff, My husband & I would like to convey our dismay and disapproval of the proposed adult movie theatre, which would serve alcohol, as a replacement for the recently closed family-style Ultra Movie Theatre. Please disallow permission for such a theatre which would be out of place and detrimental to our community. Sincerely, Bettina Overbeck Jason Goff From: LJVanHorn@aol.com Sent: Sunday, May 22, 2011 7:20 PM To: Jason Goff Subject: proposed adult theatre with liquor license in Carlsbad (former Ultra Star) Dear Mr. Goff: As residents of Aviara/Carlsbad and a frequent shopper at this center, my husband are strongly opposed to this type of venue/business in this community. As you know, this is a family oriented community, and a business of this type is not appropriate in this location. We thought it was odd that there was no information posted at the theatre after it closed. Now we know why. We want this center, which happens to be in close proximity to the library, schools and neighborhoods, to continue to be oriented around families and local, legitimate businesses we can support. This is not Tijuana. We care what types of business operate in our community. This venue belongs somewhere else, not in this center. The word is now spreading about this issue, so please take this feedback seriously. We are following this issue closely. Thank you in advance for doing the right thing. Diane De Rousseau- Vanhorn 760-473-5419 Jason Goff From: Richard McGaffigan [rmcgaffigan@PREV.org] Sent: Tuesday, May 31, 2011 3:31 PM To: Jason Goff Subject: Cinepolis VIP Theater HI Jason, Sorry it took me a couple of days to back to you and formally submit a protest to restrict the service of alcohol for the Cinepolis VIP Theater. This theater is proposing having a bar can cocktail lounge that includes an outside patio v/ith a fire pit and the noise especially from the outside venue v^ill be a nuisance to me and my neighbors living close by. I can already hear the weekend karaoke from the Tuscany Restaurant. Also, the description of a bar and cocktail lounge does not match the proprietors application for a Type 47 license (restaurant Alcohol license) that requires a minimum of 50% food sales not snacks and popcorn. Currently ABC current staffing levels does not allov^ enforcement of restaurant conditions and Type 47 licenses have a free range to change their business practices without formal opposition from the ABC. In other words, conditions placed upon a type 47 license can change through a simple request to the ABC. This is why Carlsbad's CUP is such an important method of local control because it provides the city and its residents to assess new alcohol licenses. It is my recommendation that the City of Carlsbad deny an alcohol license for this hybrid theater. Please keep me informed with the ongoing status of the CUP for Cinepolis VIP Theater and I would like to express my concerns in any open forum that is planned. Thanks for acknowledging my concerns and let me know what I can do help. Rick McGaffigan 6998 Blue Orchid Lane Carlsbad, CA 92011 760-448-5275 Jason Goff From: Kathy fleming [kathycoach@att.net] Sent: Thursday, June 09, 2011 8:46 AM To: Jason Goff Subject: Carlsbad, LaCosta theater plans Hello, I want to register my objection to having an adult movie theater in the shopping center adjacent to the Library. This is a family fi-iendly area and the inclusion of alcohol and adult movies will specifically detract from the quality and intention of the area. It lowers the standards for everyone to have this type of facility co-located with theaters for children, coffee shops, restaurants etc. Thank you for opposing this plan. Kathy Fleming, MA, Professional Certified Coach Sr. Leader, Accomplishment Coaching, LP Fleming Consulting and Training, Inc. 760-929-1268 Kath V. Flemin^jaccomplishmentcoachins. com www, accomvlishmentcoach im. com httv://www.Linkedin.comAn/KathvCoach Creating results through partnership. Jason Goff From: Kimberly [kdhuston2003@yahoo.com] Sent: Thursday, June 09, 2011 2:55 PM To: Jason Goff Subject: Movie Theater in La Costa Mr. Goff, I has come to our attention a particular type of movie theater will be up for review in our neighborhood. I am OK for an upscale type movie theater but not OK with alcohol being served. I can tell you that the previous movie theater was a big hang out for kids and that parents would often drop their kids off to see a movie w/ out adult supervision. Although I'm sure the new establishment would have rules to the age in which a child can view a movie but knowing there will be adults consuming alcohol near children who are present w/ out a parent or adult sounds like a recipe for disaster. There is not much in this area for young kids to do and this was a place they could go that was close to their homes yet still feel like they had limited freedom to roam safely. This increases risks of kids being put in compromising situations regardless of their ovm parents judgment to let them roam around unsupervised near people who have been drinking and possibly driving. Thanks you for your time and consideration. Kimberly Huston, Loan Consultant Direct Source Lending, Inc. 619-200-5402 Jason Goff From: Marie Pike [mariepike75@hotmail.com] Sent: Thursday, June 09, 2011 9:34 PM To: Jason Goff Subject; Theater As a resident of Carlsbad, I strongly oppose the proposed theater plan for an alcohol license and dinner theater at the La Costa complex. This is a family oriented community and no way would I approve such a theater. PLEASE urge the planning commission to rule against this. Thank you for your concern. I attended a wonderful event last Sunday at the San Marcos theater complex, where they showed a live broadcast (on the screen) of the L.A. Philamonica, playing Brahms. The cost was $18 and the theater was FULL. Why can't Carlsbad do something like this? A cultural event, that the public is crying for. Marie Pike, Sea Cliff, Carlsbad Jason Goff From: Karin Stanton [knpnpups@yahoo.com] Sent: Friday, June 10, 2011 2:29 PM To: Jason Goff Subject: re: the new theater plan... Why in the world does this community need such a plan as proposed in La Costa??? A theater where alcohol is served - patrons in oversized reclining chairs - and seating for fewer clients... and with "bathrooms and lobby for children" no less. Who would bring their children there??? How ridiculous that liquor will "be served to seated patrons^ in a darkened theater^ upon request." No checking for id's needed there, I guess! Thanks for the warning - I hope and pray it won't take place! Karin and Paul Stanton We now live in Encinitas [formerly were Carlsbad residents] but the La Costa theater is the one we usually prefer to attend. No more!!! Douglas Cypher 6942 Mimosa Drive Carlsbad, CA 92011 MAY 1 6 2011 May 11, 2011 Mr. Jason Goff Associate Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Re: Cinepolis VIP Theater - Project Number CUP 11.03 Dear Mr. Goff: Per our phone conversation on May 10, 2011,1 am writing to you to document my concerns and comments regarding the proposed Cinepolis VIP Theater project at the former Ultra-Star La Costa 6 movie theater located within the Plaza Paseo Real Shopping Center at 6949 El Camino Real, Carlsbad, CA 92011. I currently live in the Pavoreal residential community directly to the west of the proposed project location. I live at 6942 Mimosa Drive, Carlsbad, CA 92011, a single-family two-story residence. I have been a Carlsbad resident since 1986 (USMC Camp Pendleton) and a member of the law enforcement community since 1989. My wife and I purchased our residence in April 1992. We love living in Carlsbad and enjoy living next to the beautiful Aviara community. My residence and all of the residences directly west of the proposed project site are situated on higher ground overlooking the Plaza Paseo Real Shopping Center to include the proposed project site. Our residence and many of our neighbor's residences are approximately 396 feet from the proposed project site. Furthermore, our property is less than 100 feet from the parking lot to the west of the proposed project site which is depicted on the black and white satellite photo included with the Early Public Notice sent out by the City of Carlsbad's Planning Division and in my included pictures. Project Site Post Office When we moved into our residence at 6942 Mimosa Drive, we were aware of the Plaza Paseo Real Shopping Center below us and the various noises associated with the shopping center parking lot to include noise from traffic entering and exiting, slamming vehicle doors, engines starting, auto stereos, honking horns, alarms, and patrons coming and going, or waiting. We are fine living above the shopping center and have adapted to the parking lot noise. Over the years we have learned to work with Madison Marquette, the management company tasked with managing the shopping center. Some of the difficulties we encountered early on with the shopping center were early (before 6:00 a.m.) and late (after 10:00 p.m.) landscaping, painting, and construction work. One morning, a landscaping crew was trimming palm trees at 5:00 a.m. with loud chain saws. One evening at 11:00 p.m., a construction crew was on scaffolding working (hammering and chipping) on the side of a section of the building where La Costa Coffee Roasting is located. We have corrected these noise difficulties by working with Madison Marquette. Michael Hull from Madison Marquette was kind enough to revise certain contracts and vendor agreements to accommodate the Pavoreal residences. We have had noise issues with Vons trucks unloading at 3:30 a.m. and the U.S. Post Office occasionally blasting their parking lot loud speakers early (before 6:00 a.m.) in the morning. The point I am trying to make is noise/sound from the shopping center and shopping center parking lot easily travels right into our residence, especially the second floor where our bedrooms are located. Since we are situated on higher ground, which is at least 30 plus feet (second story of house) above the shopping center, there is nothing to stop the sound. The community trees located on the slope do not block the sound or noise from the shopping center. We do not have any sound barriers along our east wall. Landscaping is the only sound barrier residences have on the east wall overlooking the shopping center. When the former Crazy Burro Bar Restaurant on the corner of El Camino Real and Aviara Parkway was in operation, they had live music out on the patio (west end of the building) on Friday nights that could be heard at my residence as if I was standing near the Crazy Burro. The sound from the live music traveled right over the shopping center and into the residences on Mimosa Drive because our development is above the shopping center and there was nothing to stop or redirect the sound. I live approximately 1,329 feet from where the former Crazy Burro was located. Over the years I had to call Carlsbad P.D. (CPD) and ask them to have the Crazy Burro turn down their music amplifiers. I disliked bothering CPD but unfortunately that is who responds to noise complaints. The Crazy Burro music was so loud that during the warmer months you had to close all of your windows to hear your TV, especially on the second floor. And even then you could still hear the music with your windows closed. Another establishment called the La Costa Coffee Roasting (located within the Plaza Paseo Real shopping center at 6965 El Camino Real, Suite 208, Carlsbad, CA 92011) in the past has had live music out on an adjacent patio to the west of the coffee establishment and directly below our residence (approx. 636 feet from backyard). This too has been a problem with respect to the noise from live bands and or amplified music traveling right into our residence. As I have learned, sound/noise doesn't travel in a particular direction, it radiates in concentric spherical waves in all directions. The deeper, lower sounds behave differently than high pitched ones. You'll find bass from music can travel for miles. With our residences situated on higher ground, the sound easily travels in our direction because it propagates out quite widely allowing it to travel up, down, left, and right with not obstacles breaking up the sound waves. With that being said, one of our concerns with the proposed project site is the outdoor patio and fire pit. I know this is not projected to be a large patio, but nevertheless, this outdoor patio is a concern. Typically, people feel more comfortable speaking in a louder voice when outdoors. It is also common to play music (live or speakers) in outdoor patios and serve liquor. We fill the noise from the outdoor patio, whether it is from music or people talking, will travel directly up to our residence, especially the second floor. We are concerned about the potential noise, how it will be kept to a minimum, and the hours of operation for the patio. We welcome the new VIP movie theater but are concerned about the outdoor patio with fire pit since it is so close to our neighborhood. Currently the shopping center has speakers hanging in various places throughout the center that play elevator type music. They play it well into the night (after midnight) and when you are lying in bed or watching TV with your window open you can hear it. We have had Madison Marquette turn it down but it is still heard late at night. Another concern is the bar, cocktail lounge, and kitchen proposed for the site. During our phone conversation on Tuesday, you described to me in more detail what it consisted of and it appears by your definition it is not a night club or a bona fide eating establishment. We had two concerns with that. One was another noise source that is easily overiooked, dumpster noise. It is common for bar and restaurants to collect large amounts of trash throughout their operational hours which is then emptied into outdoor dumpsters (parking lot area below our residence) late at night. The second was the bar and cocktail lounge. We were concerned it was going to be some type of club thus creating excessive noise from departing patrons or excessive noise when intoxicated patrons left at late hours (after 11:00 pm). We express these concerns because we only want to enjoy our residence and backyard with minimum noise from the shopping center and parking lot. I do not wish to compete with the noises outside the normal noises we already experience with the shopping center. We paid a lot of money for our residence along with the property taxes we pay every year and only wish our voice to be heard. We have no intention of leaving our residence because we enjoy living here. We believe the City of Carlsbad considers residential land use particularly sensitive to noise intrusion because residents are expected to use their homes for rest and relaxation. Higher levels of excessive noise interfere with such use. In summary, we realize there are inherent noises associated with the shopping center and we have learned to live with them; however, we are concerned about noises or sounds from live music, loud music speakers, and groups of people gathered on a patio drinking libations. I realize if the proposed project meets all the codes it will most likely move forward. We only wish to express our concerns and see if we can work something out if the outdoor patio and fire pit are constructed. I know there are other cities that do not allow live outdoor amplified music at restaurants or bars that are located within 400 feet of residential zoning. Also, these cities do not allow non-live amplified noise to be audible within residential zoning regardless of distance. Please keep this in mind even though Carisbad has different noise policies. It is a tough balance to strike. We should preserve our liberties but not at the expense of the next person. Given the proper age, we all have the right to drink and celebrate and to watch a movie, but we do not have the right to keep people awake and possibly cause mayhem. Someone once told me that when we abuse certain rights they will be restricted...history proves this time and time again. It is better to limit our liberty than to lose it completely. We look forward to the VIP Theater but do feel sad the family-style movie theater (Ultra-Star) has not been able to survive. I have included some pictures so you can visualize where we live in relation to the proposed project site. The pictures were taken with a point and shoot with limited zoom capability. I thank you for your time on Tuesday when we spoke and the time spent reading this letter. I hope to hear from you soon regarding our concerns and comments. Sincerely yours, ^(^/ Douglas Cypher Pavoreal Resident La Costa Coffee Roasting Library Project Site Post Office and P. Lot Vons i Looking from my backyard McCoUoch Law Firm 2244 Carmel Valley Road, Suite B Del Mar, California 92014 TeL (858) 356-0841 Fax (858) 356-0844 mike(a)delmarlegal.coin www.delmarlegal.com CITY OF CARLSBAD j MAY 2 4 2011 I VIA E-MAIL AND U.S. MAIL May 23,2011 Mr. Jason Goff Associate Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Re: Project Name: Cinepolis VIP Theatre Protect No.: CUP 11-03 Dear Mr. Goff: I write to you on behalf of my clients Andy Park and Christine Ahn, proprietors of Tomoyama Sushi, to express their strong objection to the above-referenced conditional use permit application. My clients' restaurant also is located v^^ithin the Plaza Paseo Real Shopping Center, very near the existing Ultra-Star La Costa 6 movie theatre which is the subject of the application. Since its opening many years ago, the Plaza Paseo Real Shopping Center has been a neighborhood shopping center located in the heart of residential Carlsbad. Many retail, service and restaurant merchants serve the families of the neighborhood including anchor tenants Von's grocery store and the subject Ultra-Star movie theatre. There are approximately 10 family-style restaurants in the center including my clients' restaurant. The center already has one restaurant, Tuscany, serving mixed alcoholic beverages with a full bar and cocktail lounge. The movie theatre itself in its current condition is a safe and secure place for families and children to go for entertainment, and as a result it has become an essential part of the community. The theatre now shows a wide selection of age-appropriate films, drawing sizable crowds of children, teens, and adults to its six screens. The theatre offers child pricing, early bird pricing, and a children's summer series. It advertises a birthday room for children's parties. A pizza Jason Goff City of Carlsbad Planning Division May 23, 2011 Page 2 parlor is immediately next door and an ice cream parlor is nearby, both frequented by children with or without their supervising parents. Across the parking lot approximately 100 yards away is the Carlsbad Library, obviously filled throughout the year with children with or without their parents. However, if the subject development application is approved, the entire character of a family-oriented movie theafre would be lost. By definition a'VIP'theatre caters to an exclusive adult clientele at the expense of families and children. As a VIP'tiestinatioii'it surely would draw patrons from outside the Carlsbad community, as to the best of my clients' knowledge there eire no other VIP theafres serving alcohol in the North County (although an application for such an establishment filed with the City of Oceanside was withdrawn by the theatre in the face of strong community opposition). A VIP theafre would also certainly mean higher prices and fewer movie choices, possibly no'Cor'PG'rated films at all for children or teens. There would also be, of course, a very serious concem that a theafre with a bar and cocktail lounge would encourage underage drinking and associated risk of underage driving while intoxicated. Demographics for the movie industry show that one of the largest age-groups of movie-goers is 17-20 year olds. In an attempt to reduce the risks of underage drinking, and underage drinking and driving, admission would have to be somehow restricted by age. Would anyone yovmger than 21 be barred from going to the movies altogether, or allowed to enter only if accompanied by an adult? The project as described appears to be as much a nightclub as a movie theafre. Presumably there would need to be a bouncer at the door to check IDs and to remove intoxicated or unruly pafrons. Inevitably, there would also certainly be additional taxing of the resources of the Carlsbad Police Department because of predictable criminal activity to person and property associated with consumption of alcohol. Finally, there is a disturbing frend in the North County of communities losing their neighborhood theafres altogether. In Encinitas, the community movie theater on El Camino Real recently was closed and replaced by a golf department store. The community theafre in Flower Hill Mall in Solana Beach is about to be closed and replaced by a Whole Foods Market. An exclusive'VIP'theafre catering to adults viewing R or even X-rated movies while drinking and paying higher prices is not a community theafre. My clients ask, what about the kids? Where are they to go to see a film? Jason Goff City of Carlsbad Planning Division May 23, 2011 Page 3 Please lodge these objections on the part of my clients and provide my clients and me with notice of the public hearing when this project is to go before the Planning Commission so that we may again voice our objections at that time. Very truly yours, Michael T. McColloch MTM/scb cc: Clients ATTENTION CARLSBAD RESIDENTS FAMILY ORIENTED MOVIE THEATRE CLOSED IN LA COSTA AREA. NEW PROPOSED THEATER PLANS FOR A FULL ALCOHOL LICENSE TO SERVE ADULTS IN THE THEATRE, WITH COMMON AREAS, I.E. BATHROOMS, LOBY ETC. SHARED BY CHILDREN. REDUCED SEATING CAPACITY INDICATED FOCUS ON ALCOHOL SALES AND ADULT MOVIE PATRONS. THIS VENUE IS BEING REQUESTED BY MADISON / MARQUETTE SHOPPING CENTER IN THE LA COSTA AREA OF CARLSBAD IN VONS SHOPPING CENTER, AT EL CAMINO REAL AND AVIARA PKW. SOME INFORMA TION OBTAINED FROM CITY PLANNING -THEATER IS REQUESTING PERMISSION FOR "BAR AND COCKTAIL LOUNGE" FROM CITY OF CARLSBAD -SEATING WILL BE REDUCED FROM THE PAST 1500 TO ONLY 508 -RECLINING OVERSIZED LEATHER CHAIRS ARE BEING PLANNED IN ONE (POSSIBLY MORE) OF THE INSIDE THEATERS, WHICH WILL BE RESERVED FOR PATRINS OVER 21,WHERE ALCOHOL WILL ALSO BE SERVED TO SEATED PATRONS, IN A DARKENED THEATER, UPON REQUEST. -THEATER IS SIMILAR, IF NOT THE SAME, AS THEATERS IN TIJUANA OWNED BY THE SAME COMPANY - THEATRE COMPANY IS FOREIGN OWNED AND THE COMPANYS NAME IS CINEPOLIS. IF YOU ARE CONCERNED THAT OUR FAMILY ORIENTED COMMUNITY IS LOOSING A VENUE WHERE CHILDREN CAN ENJOY A MOVIE WITHOUT THE FEAR THAT THEY WILL BE IN THE BUILDING AND IN CONTACT WITH PEOPLE WHO ARE CONSUMING ALCOHOL, PLEASE CALL THE CITY PLANNER, JASON GOFF, FOR MORE INFORMATION. JASON GOFF, 1635 FARADAY AVE, CARLSBAD, CA 92008 CITY PLANNING, Ph.760 602-4643 E MAIL: JASON.GOFF@CARLSBADCA.GOV IF YOU FEEL YOU AND YOUR FAMILY DON'T WANT THIS TYPE OF THEATRE IN OUR COMMUNITY, PLEASE WRITE OR E MAIL MR. GOFF AS SOON AS POSSIBLE SO THE PLANNING COMMISSION CAN RULE AGAINST THIS TYPE OF OPERATION. THIS WILL NOT HAPPEN IF RESIDENTS DON'T OBJECT IN WRITING AND CALLING, AS WELL AS ATTENDING A PLANNING COMISSION MEETING AND OBJECTING. HOPEFULLY THE SHOPPING CENTER WILL RESTORE A FAMILY FRIENDLY THEATER WITH NO ALCOHOL BEING SERVED IF THE COMMUNITY OBJECTS TO CURRENT PLAN. -A 4 05/23/2011 16:09 ItBSB P. 002/004 RECEIVED JUN 2 h 2011 CITY OF CARLSBAD SAVE OUR NEIGHBORHOOD MOTmSiG DEPT THEATER We the undersigned, wishing to preserve our existing neighborhood movie theatre as a safe and secure place for families and children to go for entertainment, and wanting to see a wide selection of fihns appropriate for children, teens, and adults, 1 Object to the establishment of an exclusive so-called "VIP" theatre which caters to adults viewin^adult- only movies\^hile drinking alcoholic beverages and paying higher prices, at the expense of families and children, and Ther^efjpre strongly Obj^gt totheconditionalusepennit applicationbfCinepolis VIP Theatre, ProjectNo.: CUP 11-0: NAME 2JL AM CITY OF RESIDENCE \ 0 TOT A4o ft <Svr/^ cfTvs -767 -gy - —LL-^^—•—-CZ-^]^ in/—-I "y. V - M -> 1'I>t7A -^Q: ^ ^^^1^4 c^r?^ 'W^Q^^ i 7^ t A2i ^fMMr ~2 ~ ^ it OcA^cA. OPr 7 6c^ - f; CA 11 0/03 SAVE OUR NEIGHBORHOOD MOVIE THEATER We the undersigned, wishing to preserve our existing neighborhood movie theatre as a safe and secure place for families and Children to go for entertainment, and wanting to see a wide selection of Films appropriate for children, teens, and adults. Objects to the establishment of an exclusive so-called "VIP" theatre which caters to adults viewing sophisticated films not suitable for children while drinking alcoholic beverages and paying higher prices, at the expense of families and children, and Therefore strongly object to the conditional use permit application of Cinepolis VIP Theatre, Project No: CUP 11-03. City of Residence/ Phone # /f/2lk /-7^/-> '-f^E-7S?J^ NAME City of Residence / Phone # Z4 ;?7 2^ d( 51 3;? —— ^ V *s»*i* • ' w CM NAME City of Residence / Phone # //I 6tlAj ? R/fy . -