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HomeMy WebLinkAbout2053 - REGAL CINEMAS CUP - 300 Newport Center Dr RESOLUTION NO. 2053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH SUPERSEDING USE PERMIT NO. UP1527 AND APPROVING USE PERMIT NO. UP 2016-003 FOR THE ADDITION OF A TYPE 47 (ON-SALE GENERAL) TO AN EXISTING MOVIE THEATER LOCATED AT 210 AND 300 NEWPORT CENTER DRIVE (PA2016-020) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Edwards Theatres, Inc. ("Applicant'), with respect to property located at 210 and 300 Newport Center Drive, and legally described as Parcel 1 and Parcel 2 of Lot Line Adjustment No. LL 88-6 recorded requesting approval of a Conditional Use Permit. 2. The applicant proposes a Type 47 (On-Sale General) accessory use to the existing Big Newport 6 Movie Theater. The hours of operation will remain from 10:00 a.m. until 1:00 a.m., daily. Implementation would include minor physical changes to the existing theater to accommodate the alcohol service in conjunction with food service. Pursuant to Newport Beach Municipal Code ("NBMC) Chapter 5.25, the operation as described requires the owner/operator to file for an Operator License approved by the Police Department. An Operator License application is being reviewed concurrently by the Chief of Police, pursuant to NBMC Chapter 5.25 3. The subject property is located within the Office Regional Commercial (OR)Zoning District and the General Plan Land Use Element category is Regional Commercial Office (CO-R). 4. The subject property is not located within the coastal zone. 5. The existing Big Newport 6 Movie Theater operates pursuant to Use Permit No. UP1527, the existing Conditions of Approval for Use Permit No. UP1527 have been consolidated and transferred into this amended Use Permit No. UP2016-003. 6. A public hearing was held on April 6, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, California Code Planning Commission Resolution No. 2053 Pa e2of11 of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The proposed application involves the addition of on-site alcoholic beverage service within an existing theater with nominal physical changes to the existing theater or property. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with NBMC Subsection 20.48.030©(3) (Alcohol Sales) and NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code ("NBMC"), the following findings and facts in support of the findings are set forth: Finding A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding 1. The purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol sales establishments. The service of alcoholic beverages is intended for the convenience of patrons attending the movie theater. Operational conditions of approval recommended by the Police Department relative to the sale of beer and wine will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. Due to the high concentration of commercial land uses, the calls for service, crime rate, and number of arrests are greater than adjacent reporting districts containing residential uses. This area of Newport Center, across from Fashion Island does not abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. The existing theater is not located in close proximity to residential districts, day care centers, park and recreation facilities, places of religious assembly or schools. The Police Department has reviewed the Use Permit application and recommended conditions of approval to ensure that the design and security of the movie theater are properly addressed. 3. Several restaurants and hotels in Newport Center and Fashion Island provide alcohol service as an amenity to customers. The number of alcohol licenses and the type of alcohol service proposed is typical and expected to be found at a regional mall area. 4. The movie theater does not have any current objectionable conditions. 01-03-17 Planning Commission Resolution No. 2053 Page 3 of 11 5. The provision of food service and alcoholic beverages sales will not substantially change the operational characteristics of the movie theater. 6. The existing movie theater is an allowed use in the Office Regional Commercial (OR) Zoning District. The on-site consumption of alcoholic beverages provides a public convenience by allowing the sale of alcoholic beverages in conjunction with food service and other concession items offered for sale. Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The General Plan Land Use Element designates the subject property as Regional Commercial Office (CO-R), which is intended to provide for a wide variety of office uses to serve local and regional markets with accessory commercial including entertainment uses. The existing theater is consistent with the CO-R land use designation as it offers daily movie shows that serve local and citywide residents and visitors. The addition of alcohol service is accessory to the existing theater use and is consistent with the General Plan. 2. The existing movie theater is consistent with the General Plan Anomaly 37, which limits the Theater to 2,050 movie seats. The Theater currently provides 1,134 seats. 3. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Findinq 1. The zoning designation for the subject property is Office Regional Commercial (OR), which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing theater is consistent with the OR Zoning District as it offers daily movie shows that serve local and citywide residents and visitors. The addition of alcohol service is accessory to the existing theater and is compatible, as conditioned, with the land uses allowed within the OR Zoning District and surrounding neighborhood, such as office, retail, restaurant and various service uses. Alcohol sales in conjunction with food service and late hours is an allowed use upon the approval of a CUP. 2. The existing theater operates pursuant to Use Permit No. UP1527. This CUP is for the addition of a Type 47 (on-sale general for bona fide public eating-place) ABC License as 01-03-17 Planning Commission Resolution No. 2053 Pa e4of11 an accessory use to the existing theater. The existing Conditions of Approval for Use Permit No. UP1527 have been consolidated and transferred to this Use Permit. 3. Sufficient parking is provided per the Conditions of Approval and the parking requirement does not change with the addition of the Type 47 ABC license. 4. The proposed project is consistent with the provisions within Section 20.48.030 (Alcohol Sales) of the Zoning Code. 5. The project has been conditioned to limit objectionable conditions resulting from the service of alcohol at movie shows and is required to comply with all applicable Municipal Code regulations. 6. Due to the alcohol sales and late hours of operation, approval of an Operator License by the Newport Beach Police Department is required, and Operator License No. OL2016-002 is being reviewed concurrently by the Chief of Police pursuant to NBMC Chapter 5.25. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity,- Facts icinity,Facts in Support of Finding 1. A movie theater has operated at this location since 1969 and the use has not proven detrimental to the area. The movie theater has provided various food concessions however; they will expand their menu to provide a full food service menu with the alcohol service. 2. The service of alcohol will remian restircted to between the hours of 10:00 a.m. and 1:00 a.m., daily, consistent with the existing use permit for the theater. Alcoholic beverage service is conditioned to be served with a full food service menu and is limited to a maximum of two beverages during a single transaction and two per patron per screening. 3. The movie theater is located across the street from Fashion Island in a regional commercial/office area near Newport Center. Alcohol sales will be available at the main concession stands in each of the lobbies in the two theater buildings. Based on demand, the theater may also provide the option to order food and alcohol from a server within all six of the theater auditoriums. 4. No residential zoning districts, or other incompatible land uses, are located within the immediate vicinity of the theater. The closest residential uses are located far enough from the theater to avoid any potential land use conflicts from patrons leaving the theater. 5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including the preparation and implementation of a 01-03-17 Planning Commission Resolution No. 2053 Page 5 of 11 security plan reviewed and approved by the Police Department, will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure that the business remains a theater and does not become a bar, club, or tavern. 6. The Theater must comply with the requirements of the California Building Code, Orange County Health Department, and Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1 . The project site is located within an existing theater building. The lobbies and seating areas are designed for food and beverage service. 2. Adequate public and emergency vehicle access, public services, and utilities area provided within the existing infrastructure. There are existing courtyards and interior walkways that connect all lobbies and auditoriums. The office area is surrounded by parking areas on all sides except for the one street frontage along Newport Center Drive, across from Fashion Island. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The operator is required to implement a security plan that has been approved by the Police Department. 2. The proposed alcohol service is provided as a public convenience to movie theater patrons. The service of alcoholic beverages will provide an economic opportunity to maintain a successful business at this location in a way which best serves the quality of life for the surrounding community. 01-03-17 Planning Commission Resolution No. 2053 Page 6 of 11 3. The hours of operation will be limited to between 10:00 a.m. and 1:00 a.m., daily. 4. The proposed alcoholic beverage service will not change the principal movie theater use. 5. Sufficient parking is provided on-site and through existing off-site parking agreements. The addition of alcohol service will not change the existing parking. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2016-003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP1527 and all Amendments. Upon vesting of the rights authorized by this Use Permit No. UP2016-003, Use Permit No. 1527 and all Amendments shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 6"' DAY OF APRIL, 2017. AYES: Dunlap, Hillgren, Koetting, Lawler, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Kramer BY: ram 4hairmn(7,n BY: c__ — Peter Zak, Se et 01-03-17 Planning Commission Resolution No. 2053 Page 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-003 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Subsection 20.54.060(A)(1), unless an extension is otherwise granted. 3. Should the Type 47 alcohol license be transferred, any future license holders, operator or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, orthe leasing company. Future licensees, operators or assignees shall submit, within 30 days of transfer of the alcohol license, a letter to the Planning Division acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this use permit. 4. The approval is only forthe sale and service of alcoholic beverages incidental to the theater use. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 47 (On-sale General) in conjunction with the movie theater as the principal use of the facility. 5. Concurrently with this application, an Operator License is being reviewed by the Chief of Police. Implementation of this use permit shall not commence prior to final approval of the Operator License. 6. The alcoholic beverage sales concessions shall be limited to a maximum of two concession areas, one in each theater building and shall be used in conjunction with the related food service concession. Any change in the operation of alcoholic beverage service or increase in the counter space devoted to alcohol sales shall be subject to the approval of an amendment to this Use Permit issued by the Planning Commission. 7. All sales or service of alcoholic beverages in the licensed premises shall be made only from the concession bars or servers. 8. During the period of time from the initiation of seating until the completion of the feature presentation, ambient lighting in the auditoriums shall remain at a level sufficient enough to allow a reasonable person to observe patrons who may be consuming alcoholic beverages. 9. Food service from the regular menu must be made available to patrons during all open hours. 01-03-17 Planning Commission Resolution No. 2053 Page 8 of 11 10. There shall be no exterior advertising or signs of any kind or type, including advertising direct to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 13. This Use Permit may be modified or revoked by the Planning Commission if determined that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 14. A minimum of 250 parking spaces shall be provided for the daytime matinees (Monday through Friday, before 5:30 p.m.)for both theaters at 210 and 300 Newport Center Drive. 15. A minimum of one parking space for each 3 seats shall be provided for both theaters at 210 and 300 Newport Center Drive on weekday evenings beginning at 5:30 p.m., and on Saturdays and Sundays and recognized holidays. 16. The off-site parking shall be provided per the existing recorded off-parking agreements found in the Title Report for the subject properties. Upon notification that the agreement for the required off-site parking has terminated or access to those spaces is no longer available, the Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the Community Development Director; or b. The size or capacity of theater use is reduced in proportion to the parking spaces lost. 17. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 18. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The exemption provided in NBMC Subsection 10.26.035(L) shall not be applicable to noise generated on the subject property. 19. Should the property be sold or otherwise come under different ownership, any future 01-03-17 Planning Commission Resolution No. 2053 Page 9 of 11 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 20. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 21. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 22. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 23. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments, (including Water Quality related requirements). 24. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 25. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 26. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 27. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including 01-03-17 Planning Commission Resolution No. 2053 Page 10 of 11 without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Big Newport 6 Movie Theater Alcoholic Beverage Control License including, but not limited to, PA2016-020 for Use Permit No. UP2016-003. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys'fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 29. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage dispensing applications shall comply with California Fire Code (CFC) Sections 5307.2 through 5307.5.2. 30. As per CFC Sections 5307.5 carbon dioxide storage tanks, cylinders, piping and equipment located indoors where a leak of carbon dioxide can collect shall be provided with either ventilation in accordance with CF Section 5307.5.1 or an emergency alarm system CFC Section 5307.5.2. Police Department Conditions 31. There shall be no dancing allowed on the premises. 32. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 33. Approval does not permit the premises to operate as a "bar, tavern, cocktail lounge or nightclub": as defined by the Newport Beach Municipal Code. 34. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 35. Alcohol beverage sales shall cease at 12:00 a.m. daily for the first year. As determined by the Community Development Director that there have been no issues related to the 01-03-17 Planning Commission Resolution No. 2053 Page 11 of 11 alcohol sales during the first year of alcohol sales, sales may be extended to 1 :00 a.m., daily. 36. All sales or service of alcoholic beverages in the licensed premises shall be made only from the areas specifically licensed by the Department of Alcoholic Beverage Control, or by trained servers within the general spectator areas. The alcohol beverages must be personally delivered to the patron by the employee who took the order. 37. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during a single transaction. The delivery of alcoholic beverages to patrons inside the auditoriums shall be limited to two (2) per patron per screening. 38. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. Orders from patrons seated in theater seats must be made to the server serving that area and the alcoholic beverages ordered must be personally delivered to the patron by the server who took the order. 39. Servers shall not carry a supply of unordered alcoholic beverages. "Hawkers" shall be prohibited. 40. Food service from the regular menu must be made available to patrons during all hours of alcohol service. 41. There shall be no reduced price alcoholic beverage promotions. 42. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 01-03-17