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MUP 2018-0009 Marvyn's Magic Theatre (11.27.2018) November 27, 2018 Mr. John Gilbert 46-630 Washington St La Quinta, CA 92253 SUBJECT: MINOR USE PERMIT 2018-0009: 46-630 WASHINGTON ST MARVYN’S MAGIC THEATRE Dear Mr. Gilbert: The Design and Development Department has reviewed and approved your request to establish a magic and variety theater located at 46-630 Washington Street. Approval of this application is subject to the attached exhibits for the Minor Use Permit and the following Findings and Conditions of Approval: FINDINGS 1. Consistency with the General Plan: The land use is consistent with the General Plan land use designation of General Commercial. The City’s General Plan policies relating to General Commercial encourage a full range of retail, entertainment, office, resort, and institutional businesses within the City, and the proposed theater use maintains those policies. 2. Consistency with Zoning Code: The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and Washington Park Specific Plan. The Minor Use Permit has been conditioned to ensure compliance with the zoning standards of the Regional Commercial zoning district and other supplemental standards as established in Title 9 of the La Quinta Municipal Code. Under the La Quinta Municipal Code the theater is a permitted use in the Regional Commercial District with approval of a minor use permit. 3. Compliance with CEQA: Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The project was determined to be exempt from CEQA pursuant to 15301, Existing Facilities, as the fitness center consists of the operation and minor alteration of existing facilities. 4. Surrounding Uses: Approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with the properties or land uses in the vicinity. The theater is a permitted use in the Regional Commercial District with approval of a minor use permit and is consistent with surrounding nonresidential uses such as retail uses, medical office, and personal service, and restaurants. CONDITIONS OF APPROVAL 1. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the “City”), its agents, officers and employees from any claim, or litigation arising out of the City’s approval of this project. This indemnification shall include any award toward attorney’s fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall obtain all necessary building permits from the City’s Building Division and is responsible for meeting all applicable plan check submittal requirements. Plans submitted for building permit plan check shall include an accurate vicinity map. 3. The applicant shall obtain all necessary licenses/permits from the California Department of Alcoholic Beverage Control. 4. Use and operation shall be consistent with the submitted and attached statement of operations. 5. The City reserves the right to add or modify conditions on this minor use permit in the event that use and operations of the theatre create impacts that are detrimental to the health, safety and general welfare of the public, such as noise, traffic, or parking conflicts. 6. Any alteration to the site plan, including expansion, reduction, and reconfiguration shall be reviewed by the Design and Development Department. Alterations deemed minor by the Department may be processed through a Modification by Applicant (MBA). 7. Any major expansion of the use or substantial modification to the approved floor plan or use shall require an amendment of this minor use permit. 8. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC), including LQMC Chapter 9.210.025. 9. Separate sign permits are required from the Planning and Building Divisions for all new proposed signs. This decision may be appealed to the Planning Commission by any party who submits the necessary paperwork and filing fee of $1,505.00 to this office within 15 days of the date of approval of this permit. Should you have any questions please contact me at (760) 777-7069. Sincerely, Carlos Flores Associate Planner Attachments: 1. Site Plan 2. Statement of Operations Marvyn’s Magic and Variety Theater and Bar 1. Executive Summary Marvyn’s Magic and Variety Theater will be the premiere location for first-rate entertainment in La Quinta and the Coachella Valley. Magic will be the main theme with a little variety and comedy thrown in to liven things up in this 6000 square foot facility. To enter into Marvyn's Magic Cabaret you will first enter in to Marvyn’s Magic Shop. This is a fully stocked 200 square foot Magic shop, but with a special backroom that magically leads you to the Marvyn’s Magic Theater and Full Service Bar. Performances will be done in a luxury 134-seat full stage theater with talent on par with Las Vegas and Hollywood’s Magic Castle. International entertainment will also be show cased along with acts from the award winning Broadway Show the Illusionists. Marvyn’s will be open four nights a week Thursday through Saturday and have a family matinee on Sunday. Marvyn’s will also be available for private parties and working with the Palm Springs Tourist Bureau we will be looking to bring influx of corporate events to La Quinta. Why the Name Marvyn’s The name Marvyn’s is Magic. This Venue is a tribute to Marvyn Roy aka Mr. Electric. He has been performing Magic for 82 years and has performed in 40 different countries and was a regular at the Lido de Paris in France. In the United States he was the opening Act for Liberace and was on the Ed Sullivan Show 8 times. A California Native and a resident of La Quinta for the last 20 years at 93 years of Age there is no better name that could go up on the Building Marquee. 2. Business Description Marvyn’s Magic and Variety Theater will be the premiere location for first-rate entertainment in La Quinta and the Coachella Valley. Magic will be the main theme with a little variety and comedy thrown in to liven things up in this 6000 square foot facility. Marvyn’s will offer a unique entertainment experience that has not been seen since the Follies in Palm Springs Closed in 2014 after a 22 year run to nightly sold out shows. Marvyn’s will be located in La Quinta, California at 46630 Washington Blvd. Marvyn’s will be a California Limited Liability Corporation. Marvyn’s Business and financial analysis shows Stability in the market with sustained revenue income. Growth can be achieved by expending the number of days open and ticket price increases over three to five years. (See financial Projections). The key to Marvyn’s will be the uniqueness it brings to the Coachella Valley as a new venue for top rated Variety entertainment that is lacking at present, even in the Casino’s. One plus to Marvyn’s that you will not find at any of the Local Casino’s is No Smoking! 3. Market Analysis Marvyn’s (Where there is Magic in the Desert) Once, the standard of entertainment of 1920-30's Vaudeville, 1940- 1960's international nightclub scene and the 1970-90's Las Vegas casino shows, the variety performer is often the most talked- about act in any show. Ironically, there are hundreds of world-class, variety entertainers presently looking for a venue to work. Now, variety entertainers can only be seen live in Cirque shows, corporate events and on cruise ships. These acts are usually favored by the public as being the most popular. Currently, there are no public venues that host nightly variety shows. Variety acts' popularity are obvious when witnessed. By demonstrating their audiences whom are accustomed to seeing only music, dance or comedy. Variety acts present shows with one or more of the following talents: Music, Comedy, Magic, Juggling, Ventriloquism, Dance, Acrobatics, Physical Humor and Circus Skills. It is interesting to note that one of the recent winners of America's Got Talent, ventriloquist Terry Fator, has been awarded one of the most lucrative performance contracts in Las Vegas history. Recently, The Clairovoyants - managed by Jeff Hobson - have made it to the finalists. The Magic and Variety Club Project will capitalize on this widely enjoyable but under exposed form of entertainment. WHY 1. Comedy Clubs have had a lucrative product cycle over the last 30 years and has now declined in attendance due to over saturation. The growing demographic of savvy, mature audiences are looking for something new. 2. Since most variety acts can cross language barriers, they are inherently "global", whereas most comedy club performers are not. Variety acts have a much wider demographic appeal than comedians who perform only spoken comedy. Audiences of all ages and cultures can enjoy variety acts. 3. There are hundreds of world-class, variety performers ready to work and can be hired at competitive pricing. FACTS Since January 1, 2011, 20 years of Baby Boomers began turning 65. This population of seniors will continually increase through 2031 and, bringing with them, into the economy, a proportionate amount of disposal income. This group, totaling about 78 million, also increased the demand for televised variety entertainment during the 1950's, 60's, 70's, and 80's. Boomers were the first generation raised watching TV shows such as Ed Sullivan, Red Skeleton, Sonny and Cher, The Smother's Brother's, Laugh-in, Donny and Marie and many others. All of these shows were based in variety entertainment. The Boomers will view Variety Clubs with sentiment and nostalgia while being new and attractive to younger audience members. The 5 top-rated television shows have included America's Got Talent, which prove the extraordinary demand for variety entertainment. So far, no one has made a serious proposal to bring this demand directly to the local public in an affordable way. With Marvyn’s we intend to just that! Looking at these demographics and comparing it to the median age in the Coachella Valley. This is the perfect venue to draw this age group. With a 40 % influx of visitors each season this will be the perfect go to entertainment venue.