HomeMy WebLinkAbout02 - Island Cinema MUP_PA2012-144COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(1) (949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 10, 2013
Agenda Item 2
SUBJECT: Island Cinema MUP Amendment - PA2012 -144
999 Newport Center Drive
Amendment 1 to UP2011 -029
APPLICANT: Cindy Block
PLANNER: Fern Nueno, Associate Planner
( 949) 644 -3227, fnueno @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -56 (North Newport Center)
• General Plan: CR (Regional Commercial)
PROJECT SUMMARY
A minor use permit amendment to change the operational characteristics of an existing
movie theater that offers food and alcohol service, including the addition of patio seating
areas and changes to the alcoholic beverage service.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Amendment 1 to
UP2011 -029 (Attachment No. ZA 1).
• The subject property is located in the Fashion Island Sub -Area of PC -56. The
theater is located on the second floor near restaurant and retail sales uses.
• A Minor Use Permit ( "MUP ") was approved by the Zoning Administrator on
November 9, 2011, to allow the addition of a Type 41 (On Sale Beer and Wine, Eating
Place) Alcoholic Beverage Control ( "ABC ") license at the existing movie theater. The
Island Cinema MUP Amendment (PA2012 -144)
January 10, 2013
Page 2
approval included alcohol service at a separate concession bar for screenings that are
limited to persons 21 years years of age or over. The approved hours for alcohol
service are from 12:00 p.m. to 1:00 a.m., daily. Applicable conditions of approval from
the original MUP have been included in the draft resolution for approval. If the
amendment is approved, the previous MUP approval will be superseded.
• The applicant's amendment request includes the addition of two outdoor dining
areas totaling approximately 800 square feet in area, a change in the approved
hours of operation to allow the theater to open and serve alcohol at 11:00 a.m., the
addition of a secondary concession counter devoted to beer and wine sales, the
service and consumption of alcohol during all movie screenings, and the option to
order food and alcohol from a server within the theater screening rooms and outdoor
dining areas.
• The request also includes cleanup language for previous Condition No. 22 regarding
the drink limit per person per transaction. The intent of the condition was to limit
each transaction to two (2) drinks per person. However, the applicant would like to
clarify that the condition does not limit each person to two drink purchases per
movie. The Police Department recommended that no more than two alcoholic
beverages be served to any one person during a movie screening and that a person
could purchase two alcoholic beverages per transaction at the concession area.
Previous Condition No. 22: No more than two alcoholic beverages shall be sold or
served to any one person at any time.
New Condition No. 23: 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.
• The original Minor Use Permit was found to be consistent with the purpose and
intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. The movie theater
is located within Police Department Reporting District (RD) 39. The Whole Foods
located at 415 Newport Center Drive is located within the same RD and the Whole
Foods Police Department report and alcohol related statistics dated May 9, 2012,
contains the most current data. Based on the Police Department Memorandum for
this application and the Whole Foods report (Attachment No. ZA 4) and
consideration of surrounding land uses, staff believes that the finding can be made
for consistency with Section 20.48.30 of the Zoning Code. The reporting district map
is available on the Police Department website at the following link:
http: / /www.nbpd.org /crime /calls /mai).asp
Due to the additional seating area, late hours, and alcohol sales, an operator license
will be required pursuant to Municipal Code Chapter 5.25 (Operator License for
Island Cinema MUP Amendment (PA2012 -144)
January 10, 2013
Page 3
Establishments Offering Alcoholic Beverages for On -Site Consumption in
Combination with Late Hours, Entertainment, and /or Dance). The requirement for
an Operator License is because of the additional seating areas and the accessibility
of the concession and seating areas to patrons without purchasing a movie ticket,
which suggests that a portion of the theater could operate as an eating and drinking
establishment.
• Movie theaters and eating and drinking establishment uses are allowed by right in
Fashion Island. Subject to the approval of a Minor Use Permit by the Zoning
Administrator. alcohol sales is an allowed use within Fashion Island.
• Fashion Island has a Regional Commercial parking requirement of 3 spaces per
1,000 square feet. The proposed amendment does not change or increase the
parking requirement.
• As demonstrated in the attached draft resolution, staff believes the proposed project
meets the requirements of the Zoning Code and the findings for approval can be
made.
ENVIRONMENTAL REVIEW
This project qualifies for an exemption from environmental review pursuant to Section
15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California
Environmental Quality Act ( "CEQA "), which exempts minor alterations to existing facilities
involving negligible expansion of use. The change in alcoholic beverage service and the
addition of tables for outdoor dining use is a negligible expansion of the existing movie
theater use.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
APPEAL PERIOD
An appeal may be filed with the Director of Community Development within fourteen (14)
days following the date of action. For additional information on filing an appeal, contact the
Planning Division at 949 - 644 -3200.
Island Cinema MUP Amendment (PA2012 -144)
January 10, 2013
Page 4
Prepared by:
Fbr6 Nbeno, Associate Planner
GBR/fn
ZA 2 Vicinity Map
ZA 3 Applicant's Project Description
ZA 4 Police Department Memorandum and Alcohol Related Statistics
ZA 5 Project Plans
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2012-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING AMENDMENT 1 TO
MINOR USE PERMIT NO. UP2011 -029 FOR A MOVIE THEATER
WITH FOOD AND ALCOHOLIC BEVERAGE SERVICE
LOCATED AT 999 NEWPORT CENTER DRIVE (PA2012 -144)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
An application was filed by Cindy Block on behalf of the Irvine Company and Regal
Cinemas, Inc., with respect to property located at 999 Newport Center Drive, and legally
described as Parcel 2 of Lot Line Adjustment LA2009 -001 requesting approval of an
amendment to a Minor Use Permit.
2. On November 9, 2011, the Zoning Administrator approved Minor Use Permit No.
UP2011 -029 (PA2011 -170) to allow the addition of a Type 41 (On Sale Beer and Wine,
Eating Place) Alcoholic Beverage Control ( "ABC') license at the existing movie theater.
3. The applicant proposes the addition of two outdoor dining areas totaling approximately
800 square feet in area, a change in the approved hours of operation to allow the
theater to open and serve alcohol at 11:00 a.m., the addition of a second concession
area dedicated to the sale of beer and wine, the service and consumption of alcohol
during all movie screenings, and the option to order food and alcohol from a server
within the theater screening rooms and outdoor dining areas.
4. The subject property is located within the North Newport Center Planned Community
(PC -56) Zoning District and the General Plan Land Use Element category is Regional
Commercial (CR).
5. The subject property is not located within the coastal zone.
6. A public hearing was held on January 10, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act ( "CEQA ") under Class 1 (Existing
Facilities).
Zoning Administrator Resolution No. ZA2012 -_
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2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of
use. The change in alcoholic beverage service and the addition of tables for outdoor
dining use is a negligible expansion of the existing movie theater use.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 and Section 20.52.020 of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the
Zoning Code.
Facts in Support of Finding:
1. The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. The service of beer and wine is
intended for the convenience of movie theater patrons. 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.
3. Fashion Island does not abut sensitive land uses and is separated from other uses by
parking lots, roadways and other commercial uses. The proposed use 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 Minor
Use Permit application and recommended conditions of approval to ensure that the
design and security of the movie theater are properly addressed.
4. Several restaurants in the Fashion Island Sub -Area 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 such as Fashion
Island.
5. The movie theater does not have any current objectionable conditions.
6. The provision of food service and beer and wine sales will not substantially change the
operational characteristics of the movie theater.
7. The existing movie theater is an allowed use in the Fashion Island Sub -Area of the North
Newport Center Planned Community. The on -site consumption of beer and wine
Zoning Administrator Resolution No. ZA2012 -_
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provides a public convenience by allowing the sale of beer and wine in addition to other
concession items offered for sale.
Findinc:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The property is designated as Regional Commercial (CR) by the Land Use Element of
the General Plan. The theater use is consistent with that designation as it is a supporting
use that is integrated as part of a retail multi - tenant commercial center, an allowed use
under the CR designation.
2. The existing movie theater is consistent with General Plan Anomaly 44, which limits
Fashion Island to 1,700 movie theater seats.
3. The food and alcohol concessions for the movie theater are compatible with the
existing and allowed land uses in Fashion Island.
4. The subject property is not part of a specific plan area
Finding:
C. The use is allowed within the applicable D/zo�n°ii g district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The subject property is located within the Fashion Island Sub -Area of PC -56, which
allows commercial recreation and entertainment uses (including movie theaters) and
eating and drinking establishments by right. Alcohol sales is an allowed use upon the
approval of a Minor Use Permit by the Zoning Administrator.
2. The intent of the PC -56 Zoning District is to allow for uses that support existing retail,
dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant
regional retail and entertainment center and a day /evening destination with a wide
variety of businesses that serve visitors, residents, and employees of the area. The
proposed changes to the beer and wine service at the movie theater are compatible with
other uses within Fashion Island.
3. The existing movie theater is within the limits of the 1,700 seat limit allocated for the
Fashion Island portion of the North Newport Center Planned Community. The proposed
outdoor dining areas do not affect the development limit because they are not enclosed.
Zoning Administrator Resolution No. ZA2012 -_
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4. Fashion Island has a Regional Commercial parking requirement of 3 spaces per 1,000
square feet. The proposed amendment does not change or increase the parking
requirement.
5. The proposed project is consistent with the on -sale alcohol sales provisions within
Chapter 20.48 of the Zoning Code (Standards for Specific Land Uses).
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. A movie theater has operated in this location since 1989 and the use has not proven
detrimental to the area. The movie theater has provided food service in the past and
demonstrated the location's capability of operating as a compatible use with other land
uses in the vicinity. The existing alcohol service has been offered for approximately a
year and no problems have been brought to the City's attention.
2. The service of alcohol will be restricted to between the hours of 11:00 a.m. and 1:00
a.m., daily. ail
3. The movie theater is located within the center of the Fashion Island Mall on the second
floor. Beer and wine sales will be limited to two concession areas within the main lobby
dedicated for only beer and wine sales.
4. Outdoor dining areas with alcoholic beverage service are typical and expected uses
within a regional mall such as Fashion Island.
5. There are no residential properties, or other incompatible land uses, within the
immediate vicinity of the theater.
6. The 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.
7. The movie theater is required to comply with the California Building Code and
requirements of the California Department of Alcoholic Beverage Control to ensure the
safety and welfare of customers and employees within the movie theater.
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.
Zoning Administrator Resolution No. ZA2012 -_
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Facts in Support of Finding:
1. The project site is located within an existing movie theater building. The lobby and
theater screening rooms are designed and developed for food and beverage service.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided within the existing infrastructure. Fashion Island is an outdoor mall with wide
and open walkways. Fashion Island is encircled by Newport Center Drive and is
developed with several surface parking and loading areas.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor 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 Findinq:
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 nuisance areas surrounding the subject property
and adjacent properties during business hours, if directly related to the patrons of the
movie theater.
2. The proposed beer and wine service is provided as a public convenience to movie
theater patrons. The service of beer and wine 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.
3. The hours of operation will be between 11:00 a.m. and 1:00 a.m., daily.
4. The proposed changes will not change the principal movie theater use.
5. Fashion Island provides the required parking for the entire mall and the proposed
amendment does not change or increase the parking requirement.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Amendment 1
to Minor Use Permit No. UP2001 -029, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
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2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
3. This Resolution supersedes Zoning Administrator Action Letter dated November 9,
2011, for the approval of Minor Use Permit No. UP2011 -029 (PA2011 -170), which
upon vesting of the rights authorized by this application, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF JANUARY, 2013.
BY:
Brenda Wisneski, AICP, Zoning Administrator
Zoning Administrator Resolution No. ZA2012 -_
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and
floor plan dated with this date of approval, except as modified by applicable conditions of
approval.
2. This Minor Use Permit may be modified or revoked by the Zoning Administrator upon a
finding of failure to comply with the conditions set forth in Chapter 20.82 of the
Municipal Code, other applicable conditions and regulations governing alcohol service,
or should they determine that the proposed uses 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.
3. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to this minor use
permit or the processing of a new use permit.
4. Amendment 1 to Minor Use Permit No. UP2011 -029 shall expire unless exercised within
24 months from the date of approval as specified in Section 20.54.060 (Time Limits and
Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise
granted.
5. Should the alcohol license be transferred, any future license holders, operators or
assignees shall be notified of the conditions of this approval by either the current
licensee, business operator, or the 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 minor use permit.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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 Minor
Use Permit.
8. Approval is required from the Orange County Health Department.
9. The project shall comply with Building Code requirements regarding egress /exit analysis
and occupant load. The project may necessitate additional requirements, as required by
the Building Division.
10. Approval is required from the Fire Department. The project may necessitate additional
requirements regarding exit discharge widths, as required by the Fire Department.
Zoning Administrator Resolution No. ZA2012 -_
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11. The approval is only for beer and wine sales with the 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 41 (On
Sale Beer and Wine, Eating Place) in conjunction with the movie theater as the
principal use of the facility.
12. The hours of operation for sales, service, and consumption of alcohol at the movie
theater shall be allowed only between the hours of 11:00 a.m. to 1:00 a.m., daily. Any
increase in the hours of operation shall be subject to the approval of an amendment to
this Minor Use Permit.
13. Prior to implementation of this Minor Use Permit amendment, the operator of the theater
shall obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code to
ensure the business is operated in a safe manner. The Operator License may be subject
to additional and /or more restrictive conditions to regulate and control potential late -hour
nuisances associated with the operation of the theater. Future operators are required to
obtain an Operator License prior to assuming management of the movie theater.
14. The alcoholic beverage sales concession shall be limited to a maximum of two
concession areas and shall be used in conjunction with the related food service
concessions. Any change in the operation of beer and wine service or increase in the
counter space devoted to alcohol sales shall be subject to the approval of an
amendment to this Minor Use Permit issued by the Zoning Administrator.
15. There shall be no exterior advertising or signs of any kind or type, including advertising
directed 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.
16. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling beer and wine. 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 movie theater 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.
17. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned.
18. There shall be no on -site radio, television, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event
Permit.
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19. Patrons shall be required to show valid identification to verify age at the point of sale for
alcohol.
20. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge
or nightclub as defined by the Municipal Code, unless the Zoning Administrator first
approves a new or amended Minor Use Permit.
21. Alcoholic beverages shall be dispensed, sold, and served in containers that are easily
distinguishable from non - alcoholic beverage containers.
22. The sale of alcoholic beverages for consumption off the premises shall be prohibited.
23. 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.
24. All sales or service of alcoholic beverages in the licensed premises shall be made only
from the concession bars or servers.
25. 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.
26. 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.
27. Servers shall not carry a supply of unordered alcoholic beverages.
28. The petitioner shall post and maintain professional quality signs measuring 12 inches by
12 inches with lettering no smaller than 2 inches in height that read, "No Alcoholic
Beverages Beyond This Point' at all premise exits.
29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
30. The petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge or cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks. This does not include ticket sales or any other fee for the standard movie
theater use.
31. Live entertainment and dancing shall be prohibited as a part of the regular operation of
the movie theater.
32. Strict adherence to the occupancy limits is required.
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33. The quarterly gross sales of beer and wine 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 beer and wine 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 command.
34. No exterior amplified music, public address speakers, outside paging system,
loudspeaker, sound system, or other noise generating device shall be utilized in
conjunction with this movie theater.
35. The beer and wine outlet operator shall take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the beer and wine outlet and adjacent properties during business hours, if
directly related to the patrons of the subject beer and wine outlet. If the operator fails to
discourage or correct nuisances, the Zoning Administrator may review, modify, or revoke
this minor use permit in accordance with Chapter 20.68 of the Zoning Code
(Enforcement).
36. The area outside of the movie theater shall be maintained in a clean and orderly manner.
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 walkways within 20 feet of the premises. The operator of the
movie theater use shall be responsible for the clean -up of all on -site and off -site trash,
garbage, and litter generated by the use.
37. All trash shall be stored within dumpsters inside the mall buildings or designated
areas.
38. 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 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 the Island Cinema Minor Use Permit including, but not
limited to, Minor Use Permit No. UP2011 -029 (PA2011 -170) and Amendment No. 1 to
Minor Use Permit No. UP2011 -029 (PA2012 -144). 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.
Attachment No. ZA 2
Vicinity Map
VICINITY MAP
Amendment 1 to UP2011 -029
PA2012 -144
999 Newport Center Drive
Attachment No. ZA 3
Applicant's Project Description
LIQUORLICENSE.coM
12304 Sonto Monlco Blvd., Ste. 100 - Los Angeles, CA 90025
Phone: 1- 800422 -5777 • Fox: 1-800-771-0254
October 22, 2012
City of Newport Beach
Planning Department
330 Newport Boulevard
Newport Beach, CA 92633
RE: Regal Cinemas, Inc.
Minor Use Permit Application to Modify Existing Permit No. UP2011.029
DBA: Island 7
999 Newport Center Drive
Newport Beach, CA 92660.6947
To Whom It May Concern:
Liquor License Specialist is submitting this Minor (Conditional) Use Permit Application on
behalf of the Irvine Company and Regal Cinemas, Inc. ( "Regal ") to modify current
operations at Island 7 Cinemas. After operating this location for the past 9 to 10 months
without incident, Regal has reevaluated their operations and policies to ensure that the
location is providing the best service possible to Its patrons and the surrounding
community.
Summary of Request
The applicant, Regal Cinemas, Inc., who is doing business as Island 7 Cinemas, is
requesting a modification to existing Minor Use Permit No. UP 2011 -029. This
modification consists of the following changes: (1) the service and consumption of beer
and wine by patrons 21 years or older in mixed age movie screenings; (2) the addition of
two enclosed outdoor patio dining areas to be used for food service and beer and wine
sales, service and consumption in conjunction with food sales; (3) the addition of a
secondary point of sale in the lobby for beer and wine sales to be used In peak hours; (4)
clarification of condition #24, to specify that a patron may purchase no more than 2
drinks at any transaction; (5) to open 1 hour earlier at 11:00 AM; and (6) the ability for
customers to be served food and drinks throughout the premise in addition to the
current method of service which allows customers to purchase and carry their food and
drinks throughout the premise. These requested modifications, will all take place in the
PA2012 -144 for Amendment 1 for UP2011.029
999 Newport Center Drive iw.IIquorIIcense.com
Cindy Block
UQUORUCENSE.COM
1210.1 Soho Monlco Blvd., Mo. 100 - Los A(toa]as, CA 90025
I'hn o: I -IM- 222:5777 • Fox: I.80D- 771-025d
current operating premise and will only extend the footprint of the premise by a
maximum of 791 square feet.
Operational Changes
The classical pairing of dinner and a movie has evolved Into dinner and cl inks with a
movie. The appetite for such a concept has been growing exponentially across the
nation as theaters are adjusting their customer experience to Increase ticket sales and
recoup declining profits, With the straggling economy and Increasing rents, the
availability of having a dinner and drInk with a movie allows theater operators to attract
audiences in tine 30 -45 year old range and provide the n.dfimate movie experience that
0IIClts customer loyalty.
Regal Cinemas, Inc. has been at the forefront of updating the theater experience across
the nation. Currently 12egal operates theaters In Florida, North Carolina, and Tennessee,
all of which offer patrons a selection of beer and wine for onsite consumption by rnixed
aged patrons CILIO ng movie screenings. Ultirnately, Regal Is looking to establish Island 7
Cinemas as the premiere movie screening destlnatlon In Orange County. Regal belleves
Fashion Island is an Ideal location because tourists and locals both know Fashion Island
to be a premiere shopping and e ntertalunent destination.
Currently, Island 7 Cinemas operates 7 auclAmUnns. At any tirrne any of these
auditoriums are available for a screening specifically for patrons 21. years old and older,
during which patrons woldd be allowed to purchase and conslnnne alcohol during the
movie. These showings are advertised as AS screenings" and patrons are carded
when a ticket Is boullht, upon purchase of an alcoholic drink and upon entrance Into an
auditorium for a "21+ screening ". Once the age of a customer has been Initially verified,
that customer Is outfitted with a neon - colored wristband placed on the right arm. -file
color of the wristband N selected dally at random by the manager. While ON method
has been successful In preventing underage drinking and sales of alcohol to minors, the
community has voiced a desire for mixed age groups In all audilaiums and for all movie
screenings.
Segregating audiences so that only those patrons of legal drinking age can be Inside.-)
theater when alcohol can be consumed has a-erated unintentional operational
consequences. The practice effectively excludes minors and mixed aged patrons from
enjoying the usual variety of show times offered, many of which can be the most
Popular or convenient showings. This requires Regal to either limit the variety of movies
being screened —so that concurrent screening can be run for both age groups —or open
screenings to mixed ages and prevent customers who wish to have a glass of beer or
We from enjoying a drKk during the film, Neither alternative ISM) ICleal solution since
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UQUORUICENSE .coM
12304 San1u h1onlco Blvd., Slo. 100 • Los Angelos, CA9DO25
Phone: IB004'1.2•:i %%% fo �: 1,3C0% %I.OY.;n
both 01)tiolls pl'evCllt full Cllsl'0111e1' Sallsfactloln. In order to address the clesires of
patrons and provide a reasonable varlety of nnovie screenings, Regal no longer wants to
Isolate patrons who wlsh to enjoy a glass of beer, wine or champagne during a movie
from the general population.
The entire premise Is currently licensed with it type 41 liquor Ilce_nse, which the
Alcoholic Beverage Control defiles as an on -sale beer and wine eating place license.
This type of liquor license; Is C011111101IIy used by restaurants that serve beer and wine to
patrons In conJILHICHon with food service. Regal has taken steps In the clesign of the
auditoriums and crafting of the menu to encourage patrons to purchase and enjoy the
full meals offered. The arm rests of the seating in the theaters are wide and fixed to
make a table avallable for patrons to enjoy their food during the screening of the nlovle.
Food can be ordered by patrons and delivered to the customer's seat in the auditorium
or patio after being freshly prepared or custonners can purchase then food and chink
and carry It through the premise. The atmosphere and practice Is similar to being
served In a restaurant. Preventing patrons fi-0111 consuming a glass of beer or wine with
a meal is a break from the connmon accepted use of a type 41. liquor license, where:
minors are allowed onsite and alcoholic chinks are served 111 the presence of minors.
The current restriction on mixed age theater audiences detracts frorn patrons
experience and Regal's ability to provide that fully actualized dining experience.
The decision to n11x af;es groups h1 the theaters is not nlacle lightly, and with tills
decision, Island 7 Cinemas will be Instltuting new preventative measures in order to
offer patrons the best experience while ensuring that the community does not suffer
negative consequences. Opening all screenings for potential alcohol sales will require
additional security and operational changes In the auditoril.urls and the' entire premise,
overall.
Ill terms of the considering auditoriums, Regal will not be modifying the current seating
or theater layouts a nd will corldnite employing the current monitoring practices
employed by the staff. This means that any erllployee who handles or serves alcohol
will still be required to complete Responsible Server Trall leg course or Training for
11ACI'VelA1011 PrOCeCllll'eS ('PIPS). Customers who are over the age of 21. will continue to
have their age verified upon the purchase of a glass of beer, wine or champagne and
patrons over the age: of 11 years old will still receive and wear a neon colored wrist hand
on his /her right arnn. Alcoholic drinks will still be sold In cups that are clearly
dlstinguislnable front Une other non— alcoholic drinks avallable for purchase. Patrons will
not be requirecl to purchase any coilcesiorls hn order to view a screening. Entry to the
auditoriums will continue to be limited to patrons who have purchased a ticket for it
movie screening.
www.11 (lit orIIcensa.culit
UQUORUCENSE .com
12904 Sonlo Monlco Blvd., Sle. 100 • Los M9e105. CA 90025
Phonn: 14410. 222.5777 • fox: 14M771 -025,1
In order to ensure theaters with mixed rages do not experience any Issues, Regal will
adopt additional monitoring methods similar to those methods used in other mixed
ages venues such as concert auditoriums and performance theaters. Each auditorium
will be monitored by a rotating usher who will be chculathng In the auditorlums at all
times. The presence of the usher will discourage underage patrons Porn trying to sneak
a drink and slake all patrons aware that their behavlor Is being monitored. In addition
the presence of the usher will allow any potential issues to be dealt with swiftly. We
the addition of a roaming usher In the auditoriums will significantly Increase the staff's
ability to more closely monitor alcohol consu mptlon, Regal will be hwUltrthng additional
service adaptations in order to Increase control over alcohol service, sales and
C011S11111pt1011. -these added operational changes Inducle the addition of two dining
patios, availability of a second point of sale for beer and wine at peak sales times, and
the delivery of drinks by a serving staff.
The addltfon of dining patios allows patrons to enjoy a meal and drink prior to or after a
movie screening in a trad clonal dining setting. There will be two patlos. One located In
front of the lobby on the east side of the theater. This patio will be 476 square foot
patio, seat 12 patrons and be enclosed by 36 Inch high barrier with a hard surface gate.
The second patio Is located on the southern side of the theater and is attached to the
lobby. It will be 315 square feel, seat 16 patrons and be enclosed by a 36 Inch high
harrier. The location and visibility of both patios from Inside the cinemas will allow
Regal's staff to observe and control any potential problems that could arise. The
addil'lon of patlos will also encourage patrons to enjoy a meal while waiting for a movie
screening or enjoy desert after a movie has finished. Food and chink service on the
patios will be operated in the same fashion as the theater. Patrons will be able to order
Mod and drinks either from the counter and bring their purchase to their seat on either
patio or plane an order with a Regal employee and have their food and drink delivered
by wait staff. Each patio will be clearly visible from the Inferior of the theater zinc] will be
closely monitored. In addMon, the patio dining areas will resennb]e a patio of a typical
restaurant solldlfyIng paVons' Idea of the theater as a dining destination.
Currently beer and wine sales are only available at one point of sale hi the lobby. This
has allowed Island % Cinemas to verify the age of each patron who purchases a glass of
beer, wine or champagne and allowed Regal to physlr-ally separate the minors Urn the
patrons old enough to purchase an alcoholic drink. I-IOwever, during peak hours, this
Ilse can grow Increasingly long causing delays In service and preventing patrons from
being able to purdwse; all types of deslmd roncesslons. The addition of a second point
of sale, used only during peak hours, will allow Rogers staff to better serve customers
We also allowing staff to confirm that alcoholic cldnks are not being passed off to
underage patrons. The second point of sales will also Increase line visibility and allow
staff to be vigilant about Verifying patron's ages.
www.IIqu01'11ccnsc.com
AAtaUQUORUCENSE.com
12304 Sonia Monica Olvd., S10. 100 - Los A119010s. CA 9002.5
I'Imno:1- 1100.27.•'1. -5777 • Fax:6IIW- 7760254
Controlling the point of sale and manner in which custorrlers purchase beer and /or We
allows Regal to set the customer's expectatlons of what level of scrutiny beer and wine
service will be under. Under the existing, Minor Use Perrrlit, custorrlers are restricted to
I'uu- chasing no rrrore than 2 drinks III a visit. In order to ensure that patrons are not
exceeding their limit, Regal has developed a system to track the number of drinks
purchased by each customer. Regal staff places an X on each patron's wristband by the
Regal logo each time a patron purchases a glass of beer, wine or champagne. While this
practice allows staff to clearly determine how many drinks a customer pu rchases, the
practice Is very restrictive and does not allow patrons the sank Sol vice they would
receive at a restaurant licensed with a beer and wine license. furthermore, the practice
of maddng and checking custorners' wrist bands at each purchase, distracts staff frorrl
fully monitoring the Ike and prevents the line from moving at a reasonable•. pace.
During the Initial Minor Use Permit application and approval process, a transcription
error occurred between the police department conditions and the final conditions listed
on the Minor Use OWL This transcription error changed the phrasing of the condltion.
While the Police Department's condition restricted a customer from purchasing no more
than 2 drhnks per transactlon, the Minor Use Permit condition prevents a customer from
purchasing more than `J_ drinks In a visit. Regal would like to correct this error and
reestablish the intent of the police department's INN conditions. In addition, this
correction will be In Ilne with the current conditions from the Alcoholic Beverage
Control, which stales "No more than two (2) alcoholic beverages shall be sold or served
to any one (1) person during any sales transactlon," This correction will easily allow
staff to ensure that customers are not being over served without causing delays In
service or cllstr artlons from rnonitoring service.
The addition of a service opllan [hat would allow wait staff to deliver food and drinks to
patrons In the theaters aril to seated patrons on the patio, will Increase the staffs
ablllty to monitor alcohol sales and consumption. Ultimately, adding a server will add
another check point to verify a patron's age and another person monitoring
consumption. Servers would not be soliciting drink orders and would not bring drinks
In the audkorlum that had not been previously ordered and purchased. The Alcoholic.
Beverage Control has not ressIcted Regal's ability to use servers for service In the
theaters.
Lastly, Regal's request to open Island 7 Theaters one hour earlier at 11:00 AM will allow
Regal to provide customers with mare convenlent show Unnes. Various theaters
throughout Orange County including Triangle Square Cinemas, Century Huntington
Beach & XD, Woodblldge Movies 5, Regency Westnnnkmter 10 and AMC Tustin 14 @ -the
District all offer movie screening heginnlnl; at 1.LOO AM. The ability to offer custorrlers
flexibility In screening times will be more convenient to custorrlers of Islands 7 Onennas
and fashlon Island. In addition, the earlier savenIng time will encourage customers to
eNoy WE with thMr the movie which reinforcer, the dI ning component of tine business.
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IL QUORUCENSE.coM
12M4 Santo WWI Blvd., Sle. IIXl - 1.05 Mat101Il5. CA 9002.5
Phone: 68(k)422 -5777 • Fox: I- 11M.771.02tn1
Regal believes that the requested operational changes and madiRmcl uses of the existing
Mlnor Use Permit will benefit customers, fasidwi Island and the overall convilunity.
The execution of these changes will allow Regal more control in the operation of the
lousiness and ultlnrlt•e]y facilitate a better experience for all parties involved. Each
requested nlodlflcatiorl was evaluated on Its merits as a stand-alone request in addition
to being considered as a piece of the overall request. Regal believes the conlnunity will
reap numerous advantages front the requested mocllflcations and would like to instR Re
each the operational changes Including the addition of the patio dining areas based
upon the benefits to be trained from that specific modification.
Zoning Information
The property Is located In the P056 North Newport Center Planned CommaInity District.
flndings:
1. The use is consistent with the General Plan and any agiQlable specific plan.
Under the General Plan fashion Island Is designated "Regional Comirlerciral" or CR by tale
Land Use Element of the General Plan and Is not located In a specific plan area. Under
the General Plan CR designation Is described as: "intended to provide retail,
entertainment, service, and supporting uses that serve local and regional residents."
The dining and entertainment currently offered by Island 7 Cinemas meet this
designation and Is In line with the neighboring businesses by adding a unique and luxury
entertainment option for local residents and tourists vlsIing fashion island. The full
service dining and beer and wine service Is consistent with other restaurant uses
permitted in both fashion Island zinc] the surrounding North Newport Center Planned
Con-IM Unity, while offering local and regional residents a unique entertainment option.
The theater has already established Itself as an entertahlment destination by providing
patrons wRh upscale, luxurious movie savenings and gourmet dining options. The
modifications requested herein, will further establish Island 7 Cinemas as a premiere
movie theater. Regal does not see this location as a typical movie theater, and seeks to
pmYcle an exceptional entenahwent and dlnhlg experience. The addition of dhling
patios and serving staff will reinforce the location as a dlnhlg destination. The high
quality dhling options and additional wait staff service creates an ambience unlli<e any
theater hl the area. In order to get the same sevice, patrons would have to visit the IPIC
Theater In downtown Pasadena, CA. The addition of a second point of sale will
facilitate Regal's ability to meet the service expectations of customers and allow the
Island 7 Cinemas staff to provide superior customer service. By tracking the number of
drinl<s purchased at a tinge, Illstend of the t0tai I11I111ber of drinks purchased, Regal will
wwlv.I hill orl Ice Ilse. cons
12304 Santa Monica Blvd, Sto. 100 . Los Angolas. CA V=
Phone: IUIX)'l.'1.25 % %% I'o:c ItiSX)%%1 0254
be able to offer customers a service similarly to Other reSUILlrinln LS that Offer beer and
wine for on -site consumption. In addition, clarificatlon of this condition will express the
Intent of the Police Department and be In line with the Alcoholic Beverage Control's
standard movie theater conditions.
The ability to Improve services and open screening times to customers of all ages further
will allow Regal to expand their Customer base while upholding the high standard of
service expected at Fashion Island. After all, Fashion Island Is not simply a local mall or
shopping center, but a premium destination offering unparalleled dining and
entertainment. The requested modifications will Increase the desirability of Island 7
Cinemas and fashion Island overall, and will allow the premise to be further developed
as a premiere entertabnnnent destination.
The requested modifICOCIOns are consistent with the General Plan and will be a benefit
to fashion Island.
2. 'rile use Is allowed within the applicable zoning district and complies with all
other applicable provlslons of this Zoning Code and the Municlpal Code.
Islands % Cinemas Is located In the North Newport Center Planned Community District
known as the PC -56 Zoning District, fashion Island Is Included bn the seven sub -areas of
the North Newport Center Planned Connlmunity District and this area Is governed by the
North Newport Center Planned Community Development Plan. The Plan cleslgnates
f- ashlon Island as the primary retall hub In Newport Center and describes fashion Island
as, "intended to be a vibrant reglorrtl retall and entertainment center and a clay /evening
destination with a wide variety of uses that will service visitors, residents, and
employees of the area."
The theater and full meal service availability Is consistent with a retall multi- tenant
commercial center which is permitted under the Reglonal Commercial area. The
request to modify the existing Minor Use Permit will result prlriru'lly In operatlaMal
changes, The only physical change to the premise Is the addition of the cilnine patios
totaling an additional 791 square feet, The operational changes and the added dining
patios will not change the premise zone deslgnatlon. The additional spaces to be
ocClpied by the patio areas are also zoned PC -56, which allows for outdoor dining and
on- -site beer and wine service.
The overall effect of the operational changes will allow Regal to further cement a link
between a visit to Fashion Island and Island % Cinemas as a paired entertainment and
dining experience. The operational modifications will not alter the intent of the
business, but will reinforce Regal's vision of dinner with a movie, The Use of a type 41
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AMA'AiLQUORUCENSE.com
12304 Sanki MmAco Blvd, Sle. 100 - Ws Angolas, CA 70025
Phone KON34215777 • Fox: 1-01271.02N
liquor license at a premise In conjunction with dining and beer and wine service Is an
allowed use In this area. The palring of dining with a movie screening Is a unique
entertainment option for Fashion Island and the North Newport Center Planned
Community I�Istrlcf. The operations of the prenllse will be oil par with restaurants In
the surrounlding area while offering an extraordhwry movie screening environment: and
experience.
The requested modifications on Minor Use Permit U112011- 039 — allowing for mixed age
screenings, a secondary point of sale for beer and wine, the addition of the exterior
cllnhlg patios, and the addition of a wait staff —will allow Regal to provide customers
with a more cnJoyable entertainment experience. The combination of dining with a
movie screening allows Regal to offer the residents and visitors a variety of different
uses within the same prenllse and enhances Its compatibility with the Intention for this
I GUIct. ISlalld 7 Onemas N currently offering customers an extraordinary rnovie
screenhlg experience and Regal Is looWng to employ the requested modifications to
Further set Itself apart from other theaters of the area. 'this drive to exceecl
expectations meets the goals of Fashion Island where reshlents and locals are not simply
presented with shopping options, but are provided a cohesively designed and
consdentlously selected collection of shopping and entertainment possibilities.
Thus, the requested modifications to Minor Use Permit, UP2011 -029 will permit a use
allowed in this zone which complies with all other lamislorls of the Zoning Code and
Munlclpal Code.
3. The design location, size and opemtIng characteristics of the use are
cerllijaHble with the elllowecl uses In the vicinity_,
Fashion Island Is designated as Orange Collilly's prenllse costal shopping destination.
The Zoning district (PC-SQ allows commerdal recreation and entenalmnent uses in
conjunction with alcohol sales upon approval of a IlllnOl' use permit by the Zoning
Administrator, The requested modlRcatiorl Is primarily focused upon operational
changes with the only modification to the premise consisting of a 791 square feet of
additional patio dining space. The location and design of a premiere cinema were
already approved in Minor use Permit No. UI12011 -029.
The operational chamct•erlstics and modifications requested will be operated In a
manner fully consistent with other uses in the vicinity. Fashion Island Is a retall and
entertainment destination composed of department stores, restaurants, specialty shops
and entenalnment. The effect of the operational modification and the addition of the
dining patios will enrich the entenalr llent and dhAng experience allowing Island
Cinemas to offer visitors a sophisticated experience which matches the expectatlons
NY w NY. I I (I II a r I I C C 118 a, c I) III
oUQUOR CENSE .cone
19.304 Sonia h4onlco alvd., Slo. 100 - nos Ange!os, CA 1=9.5
(I'llom:1-WO-22.2-5777 • f0x:1- W1.771 -02:14
associated with f=ashion Island. 'file requested use Is fully consistent with the adjoining
uses, which combine entertainment and dining. The exceptional renovation of the
auditoriums Coinl7leted In 2011 has attracted customers looking to pair comfortable
convenience and gourmet dining. The opportunity to enjoy gourmet food with a movie
screening combines the dining and entertainment aspect of Fashion Island.
The chlenlas will open dally at 11:00 AM and (.lose around 1:00 AM depending on movie
length. Last screenings will begin anywhere from 10 :00 PM to 10:30 PM. The flours of
movie screening Is consistent with other theaters In the area including Edwards Big
Newport G which has Showing starting as late as 10:30 I'M and I.Ido Theater which offers
screenings as late as 10:00 PM. 'file Idtchen will be operational dally for the duration of
business so customers can always pair food and drinks with a movie screening. The
addition of the dining patios will allow residents and visitors to enjoy a rneal, a drink or
both while walting for their screening or to discuss the movie they Just watched.
In addition, Regal has a comprehensive alcohol policy which oversees all aspects of beer
and wine sales, service and consumpllon. The randomly selected neon- colored wrist
bands and ID checks at all points of sale and service ensure no minors have the
opportunity to purchase or be served all alcoholic drink. All employees who handle
alcohol service and sales are TIPS trained. There will be ushers circulating throughout
the audltorlunns oil a rotating basis. These ushers will be specially trained to monitor
alcohol sales, service and consumption and will complete LEAD training. The addition of
a server adds another line of Inquiry and an additional person to verify a patron's age.
The presence of an usher in all theaters will limit any possibility of issues arising and
allows Regal to monitor all patrons without Interrupting their enjoyment of a screening.
By adding an additional point of sale during busy hou's, Regal call limiting crowding in
the lobby and ensure that all customers and purchases can be monitored. The
additional enforcement measures combined with the existing protocols demonstrate
that Regal can be rolled upon to ensure none of the negative Innpacts that are often
associated with the irresponsible sale and service of beer and wine, as well as ensuring
that Island 7 Cinemas operations are compatible with the surrounding uses.
For these reasons, the design, location, size and operating characteristics will be
compatible with the allowed uses In the vicinity.
4. The site Is ohvsically sultable In terms of design, location, size oper�j
characteristics, and the provision of public and vehicle (e.I;, fire and nnedicalj
access- and public services and utilities.
www.l l quorrl le. Buse. cnm
UQUORUCENSE .COM
12304 Sonlo monlco Blvd., Slo. 100 • Los Angeles, CA 9(X 5
Phone: PODD2224777 • I'm AUxl7714254
The requested modification of Minor Use herllllt U112011-029 Is all operational permit In
terms of design, location and the she of we. The premise was recently rennodeled In
2011 and this mWested rnadificatlon prImarlly seeks to modify operational
characteristics, with the addition of a 476 square foot dining patio to the front of the
premise and the addition of a 315 square foot patio to the south side of the premise.
The changes and remodeling of the structure where previously approved and the
premise has been operating since December 2011. Therefore, the City has already
determined that the movie theater will be physically suitable In terms of the design,
location and She of Ilse.
I n terms of access for utilities, fh•e and /or medical services, the premise Is located hn
f-ashlon Island which Is a large shopping center that was designed Inn an Integrated and
unified manner. Many of Regal's patrons already visit fashion Island to shop or dine or
work In tlu: Surrounding area. The unique services and entertainment has already
drawn addillonal patrons from Newport Beach and the greater surannuling area,
bringing additional patrons to Fashion fslond without incident or requhing additional
services. Therefore, Regal does not anticipate the theater Itself will have any Impact on
the need for such services. In addition, the theater Is located on the upper level of
Fashlon Island near the parking structure, malting the theater easy to locate and easily
accessible.
In terns of beer and wine sales, Regal has a very extensive employee u•ainlng and
alcohol monitoring prograrn. Regal operates many theaters throughout the United
States, Including select locations In Florida, North Carolina, and Tennessee that offer
patrons beer and wine for on -site consumption, Regal has an outstanding record of
compllance with the California Alcoholic Beverage Control (please see a copy of the
attached I-Icerase Query Systen Summary, which show no pending Or pl•eVIOLIS Violations
on the license) and all other agencies having Jurisdiction over the numerous locations
through the country. Because of Regal's experience, outstanding record and training
programs, Regal can be celled upon to mitigate the negative impacts sornetimes
associated with the Irresponsible service and sales of alcoholic, beverage products. As a
result, Regal does not ant'Iclpate the. requested operational changes or the addition of
the dining patios will have any Impact on the need for public services.
The requested modification to Minor Use Perrnit UP2011029 will be physically suitable
for the use In terms of the design, location, she and operating characterlslics and the
provisions of accessibility for Utilities and public services for the .above stated reasons.
1 ,Operalion of the use at the location proposed would not be detrimental to
the harmonious and orderly growth of the Div, or endanger, eopardlze, or
otherwise constitute•_ a hazard to the Public convenience, health, Interest,
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ILUQUORILUCEN11SE .coM
12304 Salto Monlco Blvd, Ste. 100 - Los Angolos, CA 90025
Phone:I.W).22'2-5777 • Fez:I- MI-7760254
safety or general welfare of persons residing or working l i l t he neighborhood
of the proposed use.
Regal does not believe the requested modification of Mina• Use Permit No ZO IT29
will be detrimental to the harmonious and orderly growth of the City, nor endanger,
Jeopardize, or otherwise constitute a hazard to the public convenience, health, Interest,
safety or general welfare of persons residing or worldng In the neighborhood of the
proposed use. Instead, Regal believes the requested operational changes will benefit
the comn'lunRy arld Fashion Island, specifically.
Regal will provide a safer, convenient lowdon for the responsible on -site sales and
consumption of heel' and wine paired with dining and entertainment. The operational
modifications have been requested in part to all Regal to better nnonitor beer and wine
sales and consumptiun while providing superior service. Island 7 Cinemas Is located on
the upper level of Fashion Island and Is Isolated from other shopping and retail
locations. This separation from other retail uses will allow Regal to easily observe and
monitor the patio dining areas. Thore are no sensitive uses bordering either IsWncl 7
Cinemas or Fashion Island. All additional uses are buffered by the parking lots,
roadways and other commercial uses. The premise Is not in close proxirnity to
residential districts, parks and recreation facilities, schools, planes of religious assembly
or day care centers.
The opening of movie scmenings to mixed aged customers will allow all patrons to enjoy
the movie of their choice at any tine of clay and will allow local residents and visitors to
idly utilize the services offered at Island 7 Cinemas. Regal has carefully considered the
operational changes needed to ensure the premise remains a family friendly
environment fomming not only on the customer experience, but ensuring the
operational modifications 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 die proposed use.
The rlual purpose of these operational modification —to provide more amenities and
service to paVons and to Increase [legal's abilities to monitor beer and wine sales and
consumption— serve: to rehnforce Regal's history of operating In a Conscientious Manner.
Regal operates over 500 theaters throughout the country and has an excellent record of
compliance Including at those select locations that are licensed for on -site beer and
wine service and consumption. This location has been In operation for nearly a year
without incident and has remained In compliance with the Alcoholic Beverage Control
rules, regulations and conditions. Regal welcomes Input from the community, plauiing
staff, Pollce Department and the Alcoholic Beverage Control as it pertains to operational
conditions which will ensure this location does not experience any of the negative
www.11quarticellsc.com
�LAQUORUCENSE .COM
121M Santa Monlco Mal.,.Slo. I - ta5 Angeles, CA 70025
Phona: l•730Cb2'l.2 -:i %%% - fox: 1440-771-025-1
Impact's sometimes associates with Irresponsible alcohol srales.'fherefore, Regal offers
the following conditions voluntarily:
1. A telephone number for a corporate complaint: Ihne will be posted In a
conspicuous location at all times so the public can report any susplclaus
activity or connplaknts at all times.
2. Taxicab phone numbers shall be posted in a conspicuous lociadon at all threes
In the areas) where alcohol Is served to customers.
3. Signs advertising brands and types of alcoholic beverages or the availability
of alcohol for sale at the subject site shall not be visible from the exterior of
the premise.
The modlAcation of the existing uses at this location will not add in additional liquor
license to the census tract. While the census tract remains over concent'rat'ed, the use
at Island 7 Cinema is unlike any In be surroundll ng arena. fashion Island remains a
popular destination for the local community and visitors. The operational modifications
will result In a posil'ive upgrade of the surrounding area and allow the premise to attract
additional business to Island 7 Cinemas and fashion Island. lie oddltlorl of he dining
patlos wlH provide patrons with another dining opHon and will allow customers to enjoy
a meal while wilting for friends or while discussing a movie. This additional dining area
Is consistent with other dining options In the area, but Is more WnVeniOnt fir 111OVIe
patrons because of Its location In front of the theater.
Overall, the theater's location and services will be beneficial to the harmonious and
orderly growth of the Clty and will not constitute a hazard to the public convenience,
health, Interest safety or general welfare of persons residing In or working In the
nelghborhood of the proposed use.
If you have any questions or concerns, please no not hesitate to contact me by phone at
(310) 893 -1121 or by emall at dint cJlkµlorlicenso.cnm.
S' incerely,
Cindy ock
wwwAlquorl lcense. Cora
Attachment No. ZA 4
Police Department Memorandum and
Alcohol Related Statistics
City of Newport Beach
Police Department
Memorandum
January 3, 2013
TO: Fern Nueno, Assistant Planner
FROM: Detective Brian Haas
SUBJECT: Regal Cinemas (Island 7Cinemas), 999 Newport Center Drive
Use Permit No. UP2011 -029 (PA2012 -14), Amendment 1
At your request, the Police Department has reviewed the project application for
Regal Cinemas, located at 999 Newport Center Drive, Newport Beach. Per the
project description, the applicant is requesting a minor use permit amendment to
change the operational characteristics of an existing movie theater that offers food
and alcoholic beverage service. The changes include the addition of two patio dining
areas totaling approximately 800 square feet in area, modifying the approved hours
of operation to allow the theater to open at 11:00 a.m., and allowing the service and
consumption of alcohol during all movie screenings with the option to order from a
server.
The applicant currently has a Type 41 (On -Sale Beer and Wine, Eating Place)
license with the Department of Alcoholic Beverage Control. This license includes
beer and wine for consumption on the licensed premises. The license has been
conditioned appropriately to protect the health, safety and welfare of the community.
Applicant History
The applicant, Regal Cinemas, Inc., is currently doing business as Island 7 Cinemas
and is located within the Fashion Island, which is owned by the Irvine Company.
Regal Cinemas currently offers alcohol sales on the premises to patrons 21 years or
older with the ability to consume alcoholic beverages during screenings in
auditoriums restricted to patrons 21 years or older. It is modeled after several similar
movie theater operations in the area.
The goal of the cinema has been to provide the opportunity for the more mature
audience to enjoy an alcoholic beverage while enjoying a movie while also offering a
more upscale dining menu. Regal Cinemas has recently indicated that they no
longer wish to isolate patrons who wish to enjoy a glass of beer, wine or champagne
during a movie from the general population.
Regal Cinemas
UP2011 -029
Recommendations
The Police Department has no objection to the changes as described by the
applicant provided the applicant successfully obtains an Operator License issued by
the Chief of Police. However, the Police Department does have some concerns
regarding service of alcohol in a low light environment that includes patrons of all
ages. As a result, the Police Department met and spoke with the applicant and /or
their representatives on several occasions to gain more information and insight into
their planned operations. The Police Department also researched and visited similar
operations in the area (Cinepolis- Laguna Niguel) in order to gauge what type of
impact the establishment might have on police resources. With the below listed
conditions in place, the Police Department does not feel that the operation will have
a negative impact on the community and police services.
Signs and Displays
Any signs or displays would need to conform to City requirements. There shall be
no exterior advertising or signs of any kind or type, including advertising directed 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.
Hours of Operation
The proposed hours of operation are from 11 a.m. to 1 a.m. daily.
Security
The Police Department has no recommendations. This location lies within Fashion
Island, which currently has security operations in place.
Per the project description, patrons will be required to show valid identification to
verify age at the point of sale for tickets and again at the point of sale for alcohol.
Each auditorium will be monitored by a rotating usher who will be circulating in the
auditoriums at all times. The Police Department recommends that these safeguards
be strictly adhered to at all times.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Additional Comments
For the purposes of this application, staff may also want to consider establishing
conditions that would require a Special Event Permit. A Special Event Permit may
be required for any event or promotional activity outside the normal operational
characteristics of the proposed operation.
2
Regal Cinemas
UP2011 -029
For example, events likely to attract large crowds, events for which an admission fee
is charged, events that include any form of contract promoters, or any other activities
as specified in the Newport Beach Municipal Code to require such permits.
Other Recommended Conditions
Should the application be approved, the Police Department has determined that the
following conditions in addition to those currently in place would be appropriate for
the Conditional Use Permit for the business:
1. Approval does not permit Regal Cinemas to operate as a bar, tavern,
cocktail lounge or nightclub as defined by the Municipal Code, unless the
Planning Commission first approves a use permit.
2. Alcoholic beverages shall be dispensed, sold and served in non -glass
containers easily distinguishable from non - alcoholic beverage containers.
3. Sales, service and consumption of alcohol shall be permitted only
between the hours of 11 a.m. and 1 a.m. daily.
4. The sale of alcoholic beverages for consumption off the premises shall be
prohibited.
5. No more than two (2) alcoholic beverages shall be sold or served to any
one (1) person at any one (1) time. The delivery of alcoholic beverages to
patrons inside the auditoriums shall be limited to two (2) per patron per
screening.
6. All sales or service of alcoholic beverages in the licensed premises shall
be made only from the service bars or waiter or waitress service.
7. 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.
8. Only persons seated in designated theater seats shall be permitted to
order and be served alcoholic beverages.
9. Orders from patrons seated in designated theater seats must be made to
the waiter or waitress serving that area and the alcoholic beverages
ordered must be personally delivered to the patron by the waiter or
waitress who took the order.
10.The waiter or waitress serving the designated areas shall not carry a
supply of unordered alcoholic beverages.
t
Regal Cinemas
U P2011 -029
11. Petitioner shall post signs measuring 12" by 12" with lettering no smaller
than 2 inches in height that read, "No Alcoholic Beverages Beyond This
Point" at all premise exits.
12. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
13. No "happy hour" type of reduced price alcoholic beverage promotion shall
be allowed.
14. Petitioner shall not share any profits or pay any percentage or commission
to a promoter or any other person based upon monies collected as a door
charge, cover charge, or any other form of admission charge, including
minimum drink orders or the sale of drinks.
15.There shall be no on -site radio, television, video, film or other electronic
media broadcasts, including recordings to be broadcasted at a later time,
which include the service of alcoholic beverages, without first obtaining an
approved Special Event Permit issued by the City of Newport Beach.
16. There shall be no live entertainment allowed on the premises.
17. There shall be no dancing allowed on the premises.
18. Strict adherence to maximum occupancy limits is required.
19. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted.
If you have any questions, please contact Detective Brian Haas at (949) 644 -3709.
Brian Haas, ABCNice /Intelligence
Detective Division
7J ef Br wer, Lieutenant
Detective Division
M
(9) NEWPORT BEACH POLICE DEPARTMENT
870 Santa Barbara, P.O. Box 7000, Newport Beach, CA 92658 -7000
Z14iTAr@]RF_-TkqIJPXW1 l l
May 9, 2012
TO: Benjamin M. Zdeba, Planning Technician
FROM: Caroline Staub, Senior Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Whole Foods Market at 415
Newport Center Drive. This area encompasses our reporting district (RD) number 39 as well as part
of Census Tract 630.08. This report reflects City of Newport Beach crime data for calendar year 2011,
which is the most current data available.
Calls for Service Information
City wide there were approximately 65,411 calls for police services during this time, of which 4,421
were in RD 39. A "call for service" is defined as any citizen contact of the police department which
results in the dispatching of a unit or causes the contacted employee to take some sort of action, such
as criminal investigations, alarm responses, traffic accidents, parking problems, animal control calls,
etc.
Crime Information
There were 5,751 crimes reported to the Newport Beach Police Department during this period. Of
this total, 2,408 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide,
Forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - Theft, Auto Theft and Arson) as
defined by the FBI in the Uniform Crime Reports. The remaining 3,343 reports were Part Two crimes.
The Part One crime rate for the entire city during this same period was 2,820.46 per 100,000 people.
The national Part One crime rate was 3,345.521 per 100,000 people.
Part 1
191
2,408
1,146,072
10,329,135
1 Part 2
195
3,343
N/A
N/A
Crime Rate
8,500.22
2,820.46
3,076.38
3345.52
This reporting district had a total of 386 reported crimes as compared to a city -wide reporting district
average of 152 reported crimes. This reporting district is 234 crimes over or 154% above the city-
wide reporting district average.
i Figures based on the 2010 Uniform Crime Reports, which is the most recent edition.
2 The Newport Beach population figure used for calculations is 85,376, as estimated by the CA Department of Finance.
ABC License Information
The number of active ABC licenses in this RD is 35, which equals a per capita ratio of one license for every
64 residents. This location is within an RD that is over the Orange County per capita average of ABC
licenses. 3
Arrest Information
In 2011, there were 64 DUI /Drunkenness arrests in RD 39 compared to 1,304 DUI /Drunkenness
arrests for the entire city. This RD amounts to 4.91% of the DUI /Drunk arrests made in the entire
City. According to a recent national study by the Department of Justice, more than 36% of adult
offenders convicted of crimes in 2009 had been drinking at the time of their arrest.
Additional Information
The Alcoholic Beverage Outlets ordinance states that the Planning Commission shall consider the
crime rate in the adjacent reporting districts. The three adjacent reporting districts requested are RD
38, RD 41, and RD 43.
Measure
Part 1 Crimes
RD 38
26
D 41
54
D,
23
Part 2 Crimes
20
111
25
Crime Rate
1,157.09
2,403.2
1,023.58
Arrests (DUI /Drunk)
6
36
6
Total Arrests
15
66
20
Calls For Service
728
2066
885
Active ABC Licenses
1
9
5
Per capita license ratio
2,247
250
450
If you are in need of any further assistance, please feel free to contact me.
Sincerely
All
r
Senior Crime Analyst
Newport Beach Police Department
(949) 644 -3791
cstaubCa nbpd.oraz
' The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of
this document. As of June 30, 2011 the Orange County average of active, retail ABC licenses was one license for every 518
residents. (5,839 licenses and a population of 3,018,963)
Island Cinema MUP Amendment (PA2012 -144)
January 10, 2013
Page 10
Attachment No. ZA 5
Project Plans
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ADDITIONAL
MATERIALS
RECEIVED
January 10, 2013 Zoning Administrator agenda comments - Jim Mosher Page 4 of 6
Item 2. Island Cinema - Amendment 1 to UP2011 -029 (PA2012 -144)
Comments regarding the draft resolution:
SECTION 4. DECISION.
"1. The Zoning Administrator of the City of Newport Beach hereby approves Amendment 1 to
Minor Use Permit No. UP200-12011 -029, ..."
"3. This Resolution supersedes Zoning Administrator Action Letter dated November 9, 2011, for
the approval of Minor Use Permit No. UP2011 -029 (PA2011 -170), which upon vesting of the
rights authorized by this application, shall become null and void."
If the previous Action Letter is to become null and void, it would have seemed useful to
include a copy in the staff report so that it can be verified the Conditions of Approval are
being carried forward.
CONDITIONS OF APPROVAL
"19. Patrons shall be required to show valid identification to verify age at the point of sale for
alcohol. "
The Applicant's Project Description (Attachment ZA 3) suggests a wrist -band system is
currently used to identify 21- and -over patrons, but the permit does not seem to be any
condition requiring that.
"21. Alcoholic beverages shall be dispensed, sold, and served in containers that are easily
distinguishable from non - alcoholic beverage containers."
This protection seems easily evaded by pouring drinks from one container to another.
"23. 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."
There seems to be a disconnect between the applicant's desire and the understanding
of the Police Department's intent as described on page 2 of the staff report:
o "The Police Department recommended that no more than two alcoholic
beverages be served to any one person during a movie screening and that a
person could purchase two alcoholic beverages per transaction at the
concession area."
o "the applicant would like to clarify that the condition does not limit each person
to two drink purchases per movie."
If the Police intend to limit consumption to two drinks per person per screening, then it
sounds like they chose the word "delivery" to mean delivery by self- service or by a paid
server; yet the applicant appears to read this as meaning self- service doesn't count as
delivery of a drink to a patron in an auditorium. I read the Police- suggested conditions to
mean that a patron can order two drinks at a time by either means (either for themselves
or themselves and a legal -age companion), but each can consume at most two in the
theater during a movie. There seems to be no limit only on the number consumed in the
January 10, 2013 Zoning Administrator agenda comments - Jim Mosher Page 5 of 6
concession areas; seemingly leaving open the possibility they will indeed serve as after -
the -movie bars.
"25. 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."
Is this realistic? And why not say "At all times ambient lighting in the auditoriums shall
remain...'? If not, at what times is a lesser lighting level allowed?
"28. The petitioner permittee shall post and maintain..."
"30. The ^° *'p tione permittee shall not share any..."
"38. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City..."
Same comment as for indemnity clause in previous agenda item.
Additional comments:
• 1 do not agree with the removal of the condition that alcohol sales be permitted only in
connection with 21- and -over screenings; and it seems inconsistent with the Planning
Commission's recent decision regarding the Port Theater, in which, under very similar
circumstances, if I remember correctly alcohol sales were restricted to areas in which
access was restricted to those 21 and older.
• It is unclear to me why Planning Division staff has rejected some of the conditions
recommended by the Police Department (Attachment ZA 4), particularly that alcohol
sales in the auditoriums be limited to patrons seated in designated areas. That said, it
is also unclear to me if that was the system used in the theaters studied by the Police
Department, or if the seating in such areas is limited to 21 and over patrons.
Other reasonable sounded recommended constraints, such as a prohibition on
"'happy hour" type of reduced price alcoholic beverage promotion, " have also
been omitted.
o I understand that an additional Operator's License will be required, but I think the
public deserves some explanation of why specific recommendations of its Police
Department have been ignored; especially since the Operator's License is
primarily concerned with late night operations, and alcohol service will be
occurring starting the theater's opening at 11 am.
• Likewise, it appears the applicant makes a number of statements in Attachment ZA 3
that it promises will ensure a safe and orderly operation, yet the proposed Conditions of
Approval do not appear to require they adhere to most of them, including some that are
part of the present operation (for example, use of wrist bands to identify age - cleared
patrons).