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HomeMy WebLinkAbout3.0 - Lido Live Alcohol Sales - PA2015-044 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 18, 2015 Meeting Agenda Item No. 3 SUBJECT: Lido Live Alcohol Sales (PA2015-044) 3459 Via Lido Minor Use Permit No. UP2015-011 APPLICANT: Lido Live, Inc. OWNER: Lido Partners C/O Fritz Duda Company PLANNER: Fern Nueno, Associate Planner (949) 644-3227, fnueno@newportbeachca.gov PROJECT SUMMARY A Minor Use Permit to allow a Type 40 (On Sale Beer) Alcoholic Beverage Control License at the existing Lido Live theater. The hours of operation are from 10:00 a.m. to 12:00 a.m. (midnight), daily. Alcohol service is proposed for movie screenings and live shows. No construction or other operational changes are proposed. The applicant has provided alcohol service at several live shows since September 2014 through approved Special Event Permits. An Operator License application is being reviewed concurrently by the Chief of Police, pursuant to Municipal Code Chapter 5.25. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Minor Use Permit No. UP2015-011 (Attachment No. PC 1). 1 V� QP �P Lido Live Alcohol Sales (PA2015-044) Planning Commission, June 18, 2015 Page 2 VICINITY MAP _K s41� Subject Property ol � O"M itII s, f � nb r YMN•IA69� Fay. >arosr - GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial CG Commercial General CG Theater Mixed-Use Water Related Mixed-Use Water Related NORTH MU-W2 MU-W2 Lido Marina Village SOUTH Public Facilities (PF) Public Facilities (PF) Vacant offices former City Hall site EAST Mixed-Use Water Related Mixed-Use Water Related Office, retail, and MU-W2 MU-W2 residential WEST Corridor Commercial (CC) Commercial Corridor (CC) Retail and food service 3 Lido Live Alcohol Sales (PA2015-044) Planning Commission, June 18, 2015 Page 3 INTRODUCTION Project Setting Lido Live is located within the Lido Plaza Shopping Center near the intersection of Via Lido and Newport Boulevard in Lido Village. The lot is 4.81 acres in area and developed with retail, restaurant, office, and personal service uses, including Woody's Diner, Starbucks, West Marine, and Lido Drugs. The Shopping Center supplies 310 off-street parking spaces. Lido Live is a single-screen theater that is 9,720 square feet in area, and contains a lobby, snack bar, office, storage areas, two small restrooms that are not ADA compliant, and 470 seats (281 on the main floor and 189 seats on the mezzanine). Project Description The applicant requests a Minor Use Permit to allow a Type 40 (On-Sale Beer) Alcoholic Beverage Control (ABC) License. The existing theater use includes daily movie screenings, live performances, philanthropic events, and other assembly uses. The applicant historically offered approximately three live shows per year and intends to increase the frequency of live events. As directed by the City Council on April 14, 2015, all use permits for businesses on the peninsula for alcohol sales are to be considered by the Planning Commission. Due to the alcohol sales and entertainment, approval of an Operator License by the Newport Beach Police Department will be required. Operator License No. OL2015-004 is under review by the Chief of Police, pursuant to Municipal Code Chapter 5.25. The applicant's request is described in Attachment No. PC 2, site photographs are provided as Attachment No. PC 3, and Project Plans are provided as Attachment No. PC 4. The proposed hours of operation for the theater and alcohol sales is 10:00 a.m. to 12:00 a.m. (midnight). The Type 40 ABC License authorizes the sale of beer for consumption on-site, and no wine or distilled spirits may be on the premises. Minors would be allowed on the premises when alcohol would be served. Full meals are not required, but sandwiches or snacks must be available. The applicant intends to provide a menu that includes pizza, hot dogs, popcorn, and candy. Background Lido Live applied for Minor Use Permit No. UP2014-015 (PA2014-048) on March 28, 2014. The applicant withdrew the application on September 12, 2014 with the intent to apply for special event permits for a few live shows with alcohol service between September 2014 and December 2014 to demonstrate the ability to be a good operator and not impact the neighborhood. A new minor use permit application was submitted in March 2015. Since September 2014, Lido Live has held approximately 36 live shows with approved special event permits allowing alcohol sales. During these events, the City required that uniformed police officers be present at the cost to the applicant. Correspondence received from the previous and current applications are included as 4 Lido Live Alcohol Sales (PA2015-044) Planning Commission, June 18, 2015 Page 4 Attachment No. PC 5, and includes both letters of support and opposition for the applicaiton. DISCUSSION Consistency with General Plan, Coastal Land Use Plan, and Zoning Code The site is designated General Commercial (CG) by the General Plan Land Use Element, the Coastal Land Use Plan, and the Zoning Code. These designations are intended to provide for a wide variety of commercial activities oriented to primarily serve citywide or regional needs. The existing theater, with daily movie screenings and live shows, is consistent with these land use designations. The proposed alcohol service is accessory to the primary theater use, including movie screenings and live performances. The Zoning Code requires a minor use permit for food service uses with alcohol sales. However, the Code is silent regarding alcohol service within theaters, and the Community Development Director determined that a minor use permit is the appropriate discretionary permit application for the proposed addition of alcohol sales. The building was constructed in 1939 and has been used historically as a theater with both cinematic and live performances. Lido Live is defined as a landmark theater by the Municipal Code as it is a structure used as a cinema or theater that was constructed on or before December 12, 1950; has a single screen or stage; and was designed to seat more than 300 people. In order to help facilitate continued use of landmark theaters, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located, Section 20.38.070 (Landmark Structures) grants relief from restrictions for landmark theaters. Therefore, the principal use of the theater, including movie screenings and live shows, is not required to undergo discretionary review and this Minor Use Permit is for the addition of alcohol sales at the existing landmark theater. Police Department Considerations Police Department comments on the proposed project and a summary of alcohol-related statistics from 2014 are provided in Attachment No. PC 6. The Police Department expressed the following concerns with the subject application, but did not include a recommendation for approval or denial; however, suggested conditions of approval have been included should the permit be approved. • Offering alcohol at an establishment which has the capacity for 470 patrons has the potential to negatively impact surrounding uses, particularly when the events end and the customers depart at the same time. • The combination of live music, alcohol sales, a large venue, and no kitchen for full-meal service is anticipated to have an impact on police-related calls for services. Lido Live Alcohol Sales (PA2015-044) Planning Commission, June 18, 2015 Page 5 • Lido Live would have unregulated authority to book acts that may be a concern to public safety and may place an increased burden on police resources. • Police officers have been assigned to the venue on an overtime basis through approval of special event permits, and officers would not be present at future events should the subject application be approved. While there have not been any major issues during the recent special events, the officers' presence likely created a deterrent that is immeasurable. The Police Department emphasized the importance of the applicant and Police Department working closely in the future to ensure a safe environment for residents and patrons, and for Lido Live to provide a detailed security plan to be implemented by well-trained security staff. The establishment is located within Police Department Reporting District (RD) 15, which includes the area from Lido Village to the Newport Pier. For a Reporting Districts map, see Attachment No. PC 7. RD 15 has 75 active ABC licenses and 37 ABC licenses per capita. Within Lido Plaza, Woody's Diner, Bear Flag Fish Company, and Z Pizza provide alcohol service to patrons. Other establishments nearby that sell alcoholic beverages include Carnitas La Villa, Pescadou Bistro, and Bayfront Cafe and Restaurant. The crime rate for RD 15 is 6,518.62 Part 1 crimes per 100,000 persons, which is greater than adjacent primarily residential Reporting Districts and the City. The adjacent Reporting Districts are RD 13 to the southeast on the Peninsula, RD 14 to the east (Lido Island), and RD 16 to the northwest. Findings Alcohol Sales In order to approve a use permit for alcohol sales, the Planning Commission must find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In accordance with this Section, the Planning Commission must make the following finding for approval of a new alcoholic beverage license: The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. The purpose and intent of Section 20.48.030 (Alcohol Sales) is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Lido Live Alcohol Sales (PA2015-044) Planning Commission, June 18, 2015 Page 6 b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c) The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d) The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within Police Department Reporting District (RD) 15, which includes the area from Lido Village to the Newport Pier. The crime rate for RD 15 is 6,518.62 Part 1 crimes per 100,000 persons, which is greater than adjacent primarily residential Reporting Districts. The higher number of crimes and arrests in RD 15 compared to adjacent RDs is due to the high concentration of commercial land uses in the area. Moreover, there is a high number of visitors to this area, especially during summer. The existing theater is surrounded by other commercial uses and is not in proximity to a daycare center, park, recreational facility, school, or other similar uses that attract minors. While staff has concerns for an additional alcohol license within RD 15, it should be noted that the service of alcoholic beverages may be acceptable for this location because the theater is a destination point for Lido Village, the use is different than other establishments selling alcoholic beverages, alcohol sales is accessory to the primary theater use, and other alcohol establishments are not concentrated within the immediate vicinity of the theater. Condition of Approval No. 12 would require that a comprehensive security plan be reviewed and approved by the Police Department. Staff believes the intent of Section 20.48.030 is met and a healthy and safe environment for residents and businesses will be preserved with the recommended conditions of approval. Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Lido Live Alcohol Sales (PA2015-044) Planning Commission, June 18, 2015 Page 7 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. 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. 5. 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. Staff believes sufficient facts exist to support the Minor Use Permit for alcohol sales, as demonstrated in the draft Resolution (Attachment No. PC 1). The General Plan Land Use Element, Coastal Land Use Plan, and Zoning Code designate the subject property as General Commercial (CG), which are intended to provide for a wide variety of commercial activities oriented to primarily serve citywide or regional needs. The existing landmark theater is consistent with the CG land use designation as it offers daily movie screenings and live shows that serve local and citywide residents and visitors. Lido Live is considered a landmark theater, and therefore, the principal use of the theater is not required to undergo discretionary review and this Minor Use Permit is for the addition of alcohol sales at the existing theater. The allowed uses in the vicinity include retail sales, personal service, office, and restaurant uses. The existing theater and the proposed alcohol service are consistent and compatible with these land uses. A security plan would be reviewed and approved by the Police Department and implemented by the theater operator, which would also help alleviate any potential concerns. Alternatives The following alternatives are available: 1. The Planning Commission may suggest specific operational changes that are necessary to alleviate any concerns. If any requested changes are substantial, the item should be continued to a future meeting to allow staff to return with a revised resolution incorporating new findings and/or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). 8 Lido Live Alcohol Sales (PA2015-044) Planning Commission, June 18, 2015 Page 8 Environmental Review Staff recommends that the Commission find the project to be categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities), which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, involving negligible or no expansion of use. The proposed application involves the addition of on- site alcoholic beverage service within an existing theater. No physical changes or construction are proposed to the existing theater or property. Public Notice Notice of this application was published in the Daily Pilot and OC Register, 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 before the scheduled meeting, 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. Prepared by: Submitted by: C32�� F&6 N eno, Associate Planner *na i, r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution - Approve PC 2 Draft Resolution - Deny PC 3 Applicant's Project Description PC 4 Reporting Districts Map PC 5 Police Department Recommendation and Alcohol Statistics PC 6 Correspondence Received PC 7 Site Photographs PC 8 Project Plans 9 V� QP �P 20 Attachment No. PC 1 Draft Resolution - Approve 11 V� QP �P 2� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-011 TO ALLOW ALCOHOL SALES DURING MOVIE SCREENINGS AND LIVE EVENTS AT AN EXISTING LANDMARK THEATER LOCATED AT 3459 VIA LIDO (PA2015- 044) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lido Live, Inc., with respect to property located at 3459 Via Lido, and legally described as Parcel 1 of Resubdivision 0516 requesting approval of a Minor Use Permit ("MUP") for alcohol sales at an existing theater. 2. Located on the property is Lido Live, defined as a landn theater by Zoning Code Section 20.38.070 (Landmark Structures) because it was constructed on or before December 12, 1950 for use as a cinema or theater; has a single screen or stage; and was designed to seat more than three hundred (300) people. 3. The applicant requests a Type 40 (On Sale Beer) Alcoholic Beverage Control License. The hours of operation are from 10:00 a.m. to 12:00 a.m. (midnight), daily. Alcohol service is proposed during movie screenings and live shows. No construction or other operational changes are proposed. 4. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG-B). 6. As directed by the City Council on April 14, 2015, all use permits for businesses on the peninsula for alcohol sales are to be considered by the Planning Commission; therefore, the Zoning Administrator referred this application to the Planning Commission for consideration and action. 7. A public hearing was held on June 18, 2015 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 13 Planning Commission Resolution No. Page 2 of 12 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, involving negligible or no expansion of use. The proposed application involves the addition of on-site alcoholic beverage service within an existing theater. No physical changes or construction are proposed to the existing theater or property. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Subsection 20.48.030(C)(3) (Aroohol ',ales) of the Newport Beach Municipal Code ("NBMC), the following findings facts in support of the findings for a use permit 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 In finding that the proposed use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales), the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The establishment is located within Police Department Reporting District (RD) 15. The adjacent Reporting Districts are RD 13 to the southeast on the Peninsula, RD 14 to the east (Lido Island), and RD 16 to the northwest. The Part 1 crime rates for 2014 are provided in the table below. 2014 Part 1 Crimes per 100,000 Persons RD 15 RD 13 RD 14 RD 16 Cit Crime 6,518.62 4,123.71 1,647.66 3,169.91 2,421.06 Rate RD 15 includes Lido Village, McFadden Square, and commercial uses along Balboa Boulevard and Newport Boulevard. Due to the high concentration of commercial land 03-03-2015 -14 Planning Commission Resolution No. Page 3 of 12 uses, the crime rate is greater than in adjacent, primarily residential Reporting Districts and in other areas in the City. Furthermore, there is a high number of visitors to this area, especially during summer. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. The number of alcohol-related calls for service, crimes, and arrests are greater for RD 15 than for adjacent residential Reporting Districts and in other areas in the City. The crime statistics are provided in the table below. The higher numbers in RD 15 compared to adjacent RDs are likely due to the high concentration of commercial land uses in the area and the high number of visitors, especially during summer. The operational conditions of approval relative to the sale of alcoholic beverages, including the preparation and implementation of a security plan reviewed and approved by the Police Department, will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. 2014 Crime Statistics RD 15 RD 13 RD 14 RD 16 Cit Calls for 9,225 4,043 1,064 4,274 97,838 Service Part 1 182 68 26 75 2,067 Crimes Part 2 618 160 28 201 3,572 Crimes Arrests 668 162 13 207 3,151 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The existing theater is surrounded by other commercial uses. The closest residential zoning district is a Two-Unit Residential (RT) Zoning District located approximately two-hundred (200) feet from the theater to the northwest across Newport Boulevard. A Planned Community Zoning District that allows for residential uses is located approximately four-hundred-fifty (450) feet east of the theater opposite Via Oporto from the Lido Plaza Shopping Center. Hoag Hospital is located north of the subject property near Newport Boulevard and Hospital Road, but not in the immediate vicinity of the theater. A religious facility is located in the area near the intersection of Via Lido and Via Malaga. The project site is not in proximity to a daycare center, park, recreational facility, school, or other similar uses that attract minors. The addition of alcohol sales is not detrimental to the community as a result of the proximity to any sensitive land uses. 03-03-2015 15 Planning Commission Resolution No. Page 4 of 12 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. There are seventy-five (75) active ABC licenses within RD 15. Within Lido Plaza, Woody's Diner, Bear Flag Fish Company, and Z Pizza provide alcohol service to patrons. Other establishments nearby that sell alcoholic beverages include Carnitas La Villa, Pescadou Bistro, and Bayfront Cafe and Restaurant. While the proposed establishment is in proximity to other establishments selling alcoholic beverages, the addition of alcohol sales to the existing landmark theater is acceptable because the location is a destination point for Lido Village, the use is different than other establishments selling alcoholic beverages, alcohol sales is accessory to the primary theater use, no bars or nightclubs are located in the immediate area, and other alcohol establishments are not concentrated within the immediate vicinity of the theater. v. Whether or not the proposed amendment will resolve any current objectionable conditions; The theater does not have any current objectionable conditions and the addition of alcohol service is a new request to an existing theater use. Since September 2014, Lido Live has held live shows with approved special event permits allowing alcohol sales, and there have not been any major issues during these events. Minor Use Permit V, IN In accordance with NBMC Subsection 20.52.020(F) (Findings and Decision), the following findings and facts in support of the findings for an MUP are set forth below: 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 General Commercial (CG), which is intended to provide for a wide variety of commercial activities oriented to primarily serve citywide or regional needs. The existing landmark theater is consistent with the CG land use designation as it offers daily movie screenings and live 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 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; 03-03-2015 10 Planning Commission Resolution No. Page 5 of 12 Facts in Support of Finding 1. The zoning designation for the subject property is Commercial General (CG), 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 landmark theater is consistent with the CG Zoning District as it offers daily movie screenings and live shows that serve local and citywide residents and visitors. The addition of alcohol service is accessory to the existing landmark theater and is compatible, as conditioned, with the land uses allowed within the CG Zoning District and surrounding neighborhood, such as retail sales, personal service, office, and restaurant uses. Alcohol sales is an allowed use upon the approval of an MUP. 2. Lido Live is defined as a landmark theater by Zoning Code Section 20.38.070 (Landmark Structures) as it is a structure used as a cinema or theater that was constructed on or before December 12, 1950; has a single screen or stage; and was designed to seat more than three hundred (300) people. To help facilitate continued use of landmark theaters, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located, NBMC Section 20.38.070 (Landmark Structures) grants relief from restrictions for landmark theaters. Therefore, the principal use of the theater, including movie screenings and live shows, is not required to undergo discretionary review and this MUP is for the addition of alcohol sales at the existing landmark theater. 3. Lido Plaza Shopping Center is developed with a surface parking lot containing three- hundred-ten (310) spaces. The proposed sale of alcohol does not change or increase the parking requirement. 4. The project has been conditioned to limit objectionable conditions resulting from the service of alcohol at movie screenings and is required to comply with all applicable Municipal Code regulations. 5. The addition of alcohol sales to the theater is consistent with the standards and permit requirements of NBMC Section 20.48.030 (Alcohol Sales). The purpose and intent of NBMC Section 20.48.030 is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. 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. OL2015- 004 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,- 03-03-2015 icinity,03-03-2015 27 Planning Commission Resolution No. Page 6 of 12 Facts in Support of Finding 1. Lido Live is a single-screen theater that is nine thousand seven hundred twenty (9,720) square feet in area, and contains a lobby, office, storage areas, restrooms, and hour-hundred-seventy (470) total seats (two-hundred-eighty-one (281) on the main floor and one-hundred-eighty-nine (189) seats on the mezzanine). A theater has operated in this location since 1939 and the use has not proven detrimental to the area. 2. The existing theater use includes daily movie screenings, live performances, philanthropic events, and other assembly uses. Alcohol service within the theater will be restricted to between 10:00 a.m. and 12:00 a.m. (midnight), daily. Alcohol sales will be limited within the theater to two (2) concession areas within the lobby and mezzanine. The provision of alcohol sales will not substantially change the operational characteristics of the theater use. 3. The allowed uses in the vicinity include retail sales, personal service, office, and restaurant uses. The existing theater and the proposed alcohol service are consistent and compatible with these land uses. 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. Prospective future development of residential uses within mixed-use districts nearby will be designed to be compatible with the commercial uses in the area to the greatest extent feasible. 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 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 establishment 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 Lido Plaza lot is 4.81 acres in area and developed with three—hundred-ten (310) surface parking spaces and restaurant, office, and retail uses, including Woody's 03-03-2015 Zg Planning Commission Resolution No. Page 7 of 12 Diner, Starbucks, West Marine, and Lido Drugs. The movie screenings and live shows often occur when the other businesses in Lido Plaza are closed; therefore the existing pool of parking should be adequate. 2. The project site is located within an existing theater building. The lobby and seating areas are designed for food and beverage service. 3. Site access is provided by three (3) public streets. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. 4. Tenant improvements are not required for the addition of alcohol service to the existing theater. Any future construction will require permits and will comply with all Building, Public Works, and Fire Codes. 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. Alcohol service within the theater will serve the residents from surrounding neighborhoods and other visitors to the area. The proposed establishment will provide alcohol service as a public convenience to theater patrons. The addition of alcohol sales is an accessory use and will not change the principal theater use. The service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. The hours of operation will be limited to between 10:00 a.m. and 12:00 a.m. (midnight), daily. 4. Lido Plaza Shopping Center is developed with a surface parking lot containing three— hundred-ten (310) spaces. The proposed sale of alcohol does not change or increase the parking requirement. The movie screenings and live shows will often occur when the other businesses in Lido Plaza are closed, thereby further minimizing any potential parking constraints. 03-03-2015 29 Planning Commission Resolution No. Page 8 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-011, 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 fourteen (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. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 03-03-2015 Planning Commission Resolution No. Page 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. This Minor Use Permit may be modified or revoked by the Planning Commission upon a finding of failure to comply with the conditions set forth in Section 20.48.030 (Alcohol Sales) 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 is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any material change as determined by the Community Development Department in operational characteristics, 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 Minor Use Permit. ®: 6. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 7. 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. 8. The approval is only for the sale and service of beer, which is incidental to the theater use. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 40 (On Sale Beer) in conjunction with the theater as the principal use of the facility. 9. This Minor Use Permit does not permit the venue to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves an amended or new use permit. 10. The hours of operation for sales, service, and consumption of alcohol shall be allowed only between the hours of 10:00 a.m. to 12:00 a.m. (midnight), daily. Any increase in 03-03-2015 21 Planning Commission Resolution No. Page 10 of 12 the hours of operation shall be subject to the approval of an amendment to this Minor Use Permit. 11. Prior to implementation of this Minor Use Permit, the applicant shall provide an occupant load and exit analysis by a licensed design professional to be reviewed by the Building Division and Fire Department in order to determine the maximum occupant load and be able to properly post the occupant load in a conspicuous location, and to ensure the exiting of occupants is sufficient and property documented. Strict adherence to maximum occupancy limits is required. 12. Prior to sale and service of alcoholic beverages, a comprehensive security plan for the permitted uses shall be submitted to the Newport Beach Police Department for review and approval. The security plan shall include a guest departure plan for the conclusion of high occupancy events. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Minor Use Permit. 13. There shall be no exterior advertising or signs, 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. 14. This MUP shall not authorize alcoholic beverages to be consumed on any property adjacent to the licensed premises under the control of the licensee. 15. The sale of alcoholic beverages for consumption off the premises is prohibited. 16. Food service must be available to patrons while alcohol service is provided. 17. All sales or service of alcoholic beverages in the licensed premises shall be made only from the concession areas. Alcoholic beverage sales shall be limited to a maximum of two (2) concession areas; one (1) located in the main lobby and one (1) located in the mezzanine. 18. Alcoholic beverages shall be dispensed, sold, and served in containers that are easily distinguishable from non-alcoholic beverage containers. 19. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during a single transaction. 20. Servers shall not carry a supply of unordered alcoholic beverages. 21. During the period of time from the initiation of seating until the completion of the feature presentation or live show, 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. 03-03-2015 22 Planning Commission Resolution No. Page 11 of 12 22. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except in conjunction with food service available from the full service menu. There shall be no reduced price alcoholic beverage promotion after 10:00 p.m. 23. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 24. The applicant shall not share any profits or pay any percentage or commission to any outside 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. 25. 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. 26. All persons selling alcoholic beverages shall be over the age of twenty-one (21) and shall be required to undergo and successfully complete a Department of Alcoholic Beverage Control approved certified training program in responsible methods and skills for serving and 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. Records of each 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 an authorized employee of the City of Newport Beach. 27. The petitioner shall post and maintain professional quality signs with lettering no smaller than two (2) inches in height that read, "No Alcoholic Beverages Beyond This Point" at all premise exits, subject to approval by the Planning Division. 28. 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 theater, except as may be allowed by a special event permit. 29. Any activities conducted outside of the building shall require approval of a special event permit. 30. The venue security personnel shall be responsible for patrolling the parking lot and adjacent areas to control loitering, noise, illicit activity, and other objectionable conditions that may occur on the property. 31. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the premises and adjacent properties during business hours, if directly related to the patrons of the subject premises. If the operator fails to discourage or correct nuisances, 03-03-2015 23 Planning Commission Resolution No. Page 12 of 12 the Planning Commission may review, modify, or revoke this Minor Use Permit in accordance with Chapter 20.68 of the Zoning Code (Enforcement). 32. 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. 33. 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 twenty (20) feet of the premises. 34. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Minor Use Permit. 35. This approval shall expire and become void unless exercised within twenty-four (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. 36. 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 Lido Live Alcohol Sales including, but not limited to, Minor Use Permit No. UP2015-011. 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. 03-03-2015 24 Attachment No. PC 2 Draft Resolution - Deny 25 V� QP �P RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING MINOR USE PERMIT NO. UP2015-011 TO ALLOW ALCOHOL SALES DURING MOVIE SCREENINGS AND LIVE EVENTS AT AN EXISTING LANDMARK THEATER LOCATED AT 3459 VIA LIDO (PA2015- 044) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lido Live, Inc., with respect to property located at 3459 Via Lido, and legally described as Parcel 1 of Resubdivision 0516 requesting approval of a Minor Use Permit ("MUP") for alcohol sales at an existing theater. 2. Located on the property is Lido Live, defined as a landn theater by Zoning Code Section 20.38.070 (Landmark Structures) because it was constructed on or before December 12, 1950 for use as a cinema or theater; has a single screen or stage; and was designed to seat more than three hundred (300) people. 3. The applicant requests a Type 40 (On Sale Beer) Alcoholic Beverage Control License. The hours of operation are from 10:00 a.m. to 12:00 a.m. (midnight), daily. Alcohol service is proposed during movie screenings and live shows. No construction or other operational changes are proposed. 4. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG-B). 6. As directed by the City Council on April 14, 2015, all use permits for businesses on the peninsula for alcohol sales are to be considered by the Planning Commission; therefore, the Zoning Administrator referred this application to the Planning Commission for consideration and action. 7. A public hearing was held on June 18, 2015 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 27 Planning Commission Resolution No. Page 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a minor use permit only after making each of the required findings set forth in Section 20.48.030 (Alcohol Sales) and Section 20.52.020.E (Use Permit, Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed Minor Use Permit for the addition of a Type 40 (On Sale Beer) alcohol license to an existing landmark theater is not consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. The design, location, size, and characteristics of the proposed project are not compatible with the residential and commercial uses in the vicinity. The addition of alcohol service will result in negative impacts to residents and businesses in the vicinity and would not be compatible with the enjoyment of the nearby properties. The combination of live music, alcohol sales, a large venue, and no kitchen for full-meal service is anticipated to have an impact on police-related calls for services. Additionally, Lido Live would have unregulated authority to book acts that may be a concern to public safety and may place an increased burden on police resources. 03-03-2015 22 Planning Commission Resolution No. Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit No. UP2015-011. 2. This action shall become final and effective fourteen (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. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 03-03-2015 �9 V� QP �P 30 Attachment No. PC 3 Applicant's Project Description 31 V� QP �P Lido Live Theater Project Description/Alcohol Service Policy June 8, 2015 Proposed Use: Sell beer for on-site consumption (ABC Type 40) at an existing performing arts and movie theatre. Beer would be available for purchase at the existing concession stands only. Beer consumption would be permitted in the lobby as well as the main auditorium and mezzanine both a movies and live performances. Persons under age 21 would be allowed to attend all movies and live performance. Alcohol sales to and consumption by persons under 21 is always strictly prohibited. Proposed Construction: None Current Hours of Operation: 10:00 a.m. to 12:00 a.m. Food Service: Food will always be available during operating hours. The food menu consists of: • Pizza • Hot Dogs • Popcorn • Candy Proposed Hours of Operations: 10:00 a.m. to 12:00 a.m. Proposed Hours for Alcohol Sales: 10:00 a.m. to 10:30 p.m.* *Alcohol sales shall cease ("last call') the earlier 10:30 p.m. or 30 minutes prior to the end of a show. Live Show Employees: 20 (8 security guards + 12 staff) The following policies and procedures apply to the service, control and consumption of beer at Lido Live Theater: 1. Age Identification: • Staff will check ID prior to completing each transaction, each time a patron purchases an alcoholic beverage. • All Guests who appear under the age of 50 must present proper government issued age identification with photographic image, at the point of sale prior to purchasing or being served any alcoholic beverage. An 33 electronic I.D. scanner is used for questionable identifications. Proper identification consists of: o A valid state driver's license, with driver's photograph, state seal, and expiration date; o A valid state ID card; o Military ID; o Passport; o No school ID's, birth certificates or temporary or expired driver's licenses qualify. 2. Alcohol Service: • Guests must have a valid ticket to a movie or live show to purchase alcoholic beverage drinks for in-auditorium consumption. After both ticket and ID have been checked, Customer's must be fitted with a marked wristband. There are 5 unique wristband design/colors rotating daily to avoid attempts to reuse, share or unauthorized use. • Only one drink per guest over the age of 21 may be taken to an auditorium during one transaction. This rule is not negotiable in any way. Be courteous, but firm. If there is an ongoing issue, alert a Manager immediately. • Drinks will be served in distinguishable clear plastic containers not larger than 12 ounces. NO GLASS BOTTLES/GLASSWARE MAY BE TAKEN INTO AUDITORIUMS! • Beer will be served out of keg. 3. Monitorinq Guest Alcohol Consumption: • Theatre staff and security guards monitor those carrying/holding an alcoholic beverage by looking for the proper wristbands and specific alcoholic beverage containers and confirming that the patron holding it appears of age. If they do not appear of age, staff will approach and ask to see their I.D. for confirmation. • 8 security staff will be on duty during any live shows in addition to normal staff personnel: 0 4 security staff stationed inside the auditorium 0 2 security staff stationed at the front entrance 0 2 security at the rear exits. • Ushers and other personnel will monitor auditorium every 15 minutes during movies. 34 Any observed noncompliance or disorderly conduct should be reported to a manager immediately. Procedures for dealing with unruly or aggressive persons: • Approach the individual with 2 security personnel and politely request that they calm down and leave the facility; • If individual fails to comply, then two additional security persons will come to the location and the person will be again asked politely to calm down and to leave the facility and that if they fail to comply, then the house lights will be turned on, the show will be stopped and the Newport Beach Police Department will be contacted. • If customer fails to comply, then the house lights will be turned on and the show will be stopped and the Newport Beach Police Department will be contacted. • In the event a customer is violent, then security staff will act to subdue the individual and a manager will immediately contact the Newport Beach Police Department. The individual will be escorted by at least 2 security guards to the lobby to wait for the Newport Beach Police to arrive. 4. Staff Training/Age Requirements: • All Staff members involved in the service, sale, transportation or monitoring of alcoholic beverages will be at least twenty one (21) years of age. • All Staff members involved in the service, sale, transportation or monitoring of alcoholic beverages will be certified in an accredited Responsible Beverage Service (RBS) program such as ABC L.E.A.D. program. Certificates of completion will be kept on file on the premises and will be made available for review by Newport Beach Police Department within 24 hours of initial request. S5 SECURITY PLAN Lido Live 5/15/15 This security plan is written to address issues inside and outside of the theater, including the safety and security of the business and patrons. • 24/7 Contact: Hammer Bunch is the General Manager and can be contacted when the store is closed at 714-944-3030. If this number changes, the Newport Beach PD will be provided the new/updated number. • Onsite Manager: A manager will be on duty during business hours and will be responsible for monitoring and controlling the behavior of patrons. The phone number at the theater is 949-723-0250. • Alcohol related issues: Bartenders and all employees responsible for the sale and service of alcohol beverages are trained to recognize the symptoms of an obviously intoxicated patron and will not allow the serving of alcohol to an obviously intoxicated patron. • Responsible Beverage Service (RBS) Education: All primary positions that deal with alcohol have already attended an ABC certified responsible beverage sales and service class. Current employees that have not been through such a class will within 30 days of the issuance of an ABC license. All new hires will attend class within 30 days of hire. Certificates of completion of RBS classes for all trained employees will be kept on file on the premises and will be made available for review by Newport Beach Police Department within 24 hours of initial request. • First Aid: Supplies are located in the kitchen, service areas and the manager's office. • Fire Protection: Fire extinguishers are located in the kitchen, service areas and outside the manager's office. • Alarm: Burglary and fire alarm is monitored by a security company 24 hrs/7 days a week. • Emergencies: All employees are trained to report emergencies to law enforcement and to the manager on duty. • Surveillance Video: There are currently 8 security cameras installed within the building. All cameras will be properly maintained and operational during business hours and positioned toward their specified area. The cameras cover the following areas: Page 1 of 4 so 0 2 - Interior of Office; 0 2 —Front Door 0 2 — Concession Area o 1 — Stairs o 1 — Storage Area The video camera recording storage capacity is at least thirty (30) days. Recordings of (any) -criminal activity will be provided to the Newport Beach Police Department within 24 hours of the initial request. • Dress Code: Lido Live does not currently have a dress code (except requiring shirts, pants or shorts and shoes/sandals. • Security Guards: During Live Performances, Lido Theater employs 8 security guards through a licensed security firm. All security personnel will wear bright yellow shirts with the word "Security" in large black letters. Security guards will carry "guard cards" with them while on duty. Each security guard and manager has a radio with them to aid in communication. Guards will be stationed as follows before and during shows: 0 4 security staff stationed inside the auditorium 0 2 security staff stationed at the front entrance 0 2 security at the rear exits After shows are complete, 1 security guard will be stationed outside the main entrance/exit and 1 security guard will monitor the parking lot and 2 security staff will remain inside the auditorium until it is completely empty. The following policies and procedures apply to the service, control and consumption of beer at Lido Live Theater and are an integral part of the security plan: 1. Age Identification: • Staff will check ID prior to completing each transaction, each time a patron purchases an alcoholic beverage. • All Guests who appear under the age of 50 must present proper government issued age identification with photographic image, at the point of sale prior to purchasing or being served any alcoholic beverage. An electronic I.D. scanner is used for questionable identifications. Proper identification consists of: o A valid state driver's license, with driver's photograph, state seal, and expiration date; o A valid state ID card; o Military ID; o Passport; Page 2 of 4 37 o No school ID's, birth certificates or temporary or expired driver's licenses qualify. 2. Alcohol Service: • Guests must have a valid ticket to a movie or live show to purchase alcoholic beverage drinks for in-auditorium consumption. After both ticket and ID have been checked, Customer's must be fitted with a marked wristband. There are 5 unique wristband design/colors rotating daily to avoid attempts to reuse, share or unauthorized use. • Only one drink per guest over the age of 21 may be taken to an auditorium during one transaction. This rule is not negotiable in anyway. Be courteous, but firm. If there is an ongoing issue, alert a Manager immediately. • Drinks will be served in distinguishable clear plastic containers not larger than 12 ounces. NO GLASS BOTTLES/GLASSWARE MAY BE TAKEN INTO AUDITORIUMS! • Beer will be served out of keg. 3. Monitoring Guest Alcohol Consumption: • Theatre staff and security guards monitor those carrying/holding an alcoholic beverage by looking for the proper wristbands and specific alcoholic beverage containers and confirming that the patron holding it appears of age. If they do not appear of age, staff will approach and ask to see their I.D. for confirmation. • 8 security staff will be on duty during anV live shows in addition to normal staff personnel: 0 4 security staff stationed inside the auditorium 0 2 security staff stationed at the front entrance 0 2 security at the rear exits. • Ushers and other personnel will monitor auditorium every 15 minutes during movies. Any observed noncompliance or disorderly conduct should be reported to a manager immediately. Procedures for dealing with unruly or aggressive persons: • Approach the individual with 2 security personnel and politely request that they calm down and leave the facility; • If individual fails to comply, then two additional security persons will come to the location and the person will be again asked politely to calm down and to leave the facility and that if they fail to comply, then the house lights will be turned on, Page 3 of 4 38 the show will be stopped and the Newport Beach Police Department will be contacted. • If customer fails to comply, then the house lights will be turned on and the show will be stopped and the Newport Beach Police Department will be contacted. • In the event a customer is violent, then security staff will act to subdue the individual and a manager will immediately contact the Newport Beach Police Department. The individual will be escorted by at least 2 security guards to the lobby to wait for the Newport Beach Police to arrive. 4. Staff Training/Age Requirements: • All Staff members involved in the service, sale, transportation or monitoring of alcoholic beverages will be at least twenty one (21) years of age. • All Staff members involved in the service, sale, transportation or monitoring of alcoholic beverages will be certified in an accredited Responsible Beverage Service (RBS) program such as ABC L.E.A.D. program. Certificates of completion will be kept on file on the premises and will be made available for review by Newport Beach Police Department within 24 hours of initial request. Page 4 of 4 39 V� QP �P �o Attachment No. PC 4 Reporting Districts Map 41 V� QP �P �. 34 33 35 36 rq,, 17 /28. :� t. �� 137 ., 138 39 I 22 � 42 . 48 _ s 1144 . 5 a r? , E 46 r 67 t 43 C��' QP �� ��,P �� P�. O� �� ���� �¢ Attachment No. PC 5 Police Department Recommendation and Alcohol Statistics 45 V� QP �P NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION 43 MEMORANDUM TO: Fern Nueno, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: May 20, 2015 SUBJECT: Lido Live Minor Use Permit & Operator License 3459 Via Lido, Suite 206 Use Permit No. UP2015-011 (PA2015-044) Operator License No. OL2015-004 At your request, the Police Department has reviewed the project application for Lido Live, located at 3459 Via Lido, Suite 206, Newport Beach. Per the project description, the applicant is applying for a minor use permit for alcohol sales. The hours of operation will be from 10:00 a.m. to 11:00 p.m. daily. An Operator License is required due to the live entertainment component with the addition of alcohol. The applicant has submitted an application for an Operator License. The applicant will apply for a new Type 40 (On-Sale Beer) license with the Department of Alcoholic Beverage Control. A Type 40 license authorizes the sale of beer consumption on or off the premises where sold. Full meals are not required; however, snacks must be made available. Minors are allowed on the property. The license will be conditioned to appropriately protect the health, safety, and welfare of the community. Statistical Data Attached is a report compiled by NBPD Crime Analyst Caroline Staub which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 3459 Via Lido, Suite 206. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15. RD 15 is .33 square miles in size which equals 1% of the City's total area. In 2014, RD 15 had a total of 800 reported crimes, compared to a city-wide RD average of 148 reported crimes, or 441% over the city-wide average. RD 15 is our highest crime area in 47 Lido Live UP2015-0111 Newport Beach with significant quality-of-life concerns for the residents, as well as the Police Department. In 2014, RD 15 had 668 total arrests. Of those arrests, 102 were for Driving Under the Influence (DUI) and 302 were for Public Intoxication. These figures show that 60% of arrests in that area are directly related to alcohol, a figure which the Police Department believes points to the over-saturation of alcohol establishments. Pursuant to Business and Professions Code 23958.4, the Newport Beach Police Department reports our crime statistics annually to the Department of Alcoholic Beverage Control (ABC). Under this code, ABC requests a slightly different statistic: the total number of Part 1 crimes plus Part 2 arrests. The sum of these two figures equals the crime count. ABC uses the crime count as well as total number of licenses to determine "undue concentration". Defined in Business and Professions Code: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c)*, than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. *subdivision c: c) For purposes of this section, the following definitions shall apply: (1) 'Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) 'Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. In evaluating the statistical data for the applicant premises, undue concentration exists in both areas and will be analyzed by ABC in determining approval of this license application. The first criteria for undue concentration as defined above involves crime count. The total city-wide crime count reported to ABC for 2014 is 4,353. This results in an 2 1F g Lido Live UP2015-0111 average crime count per RD of 115. The threshold of a 20% greater number of crimes than the average number of crimes for all reporting districts is 138. RD 15 had 761 crimes (as interpreted by ABC) in 2014. That is 561% greater than the average and substantially higher than the 20% threshold. This meets and exceeds the criteria for undue concentration. The second criteria for undue concentration involves ABC licenses per capita. The applicant premises is located within census tract 0635.00. This census tract has a population of 6,342 with 61 on-sale licenses. That is a per capita ratio of 1 license for every 104 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 737 residents. This meets the criteria for undue concentration. Public Convenience or Necessity Public Convenience or Necessity (PCN) is a tool utilized by the Department of Alcoholic Beverage control and local governing authorities to circumvent undue concentration. The subject establishment must be a public convenience or a necessity to the surrounding community. While there is no definitive or uniform guideline defining the application of PCN, local authorities can utilize this outlet in order to interject formal say into the state liquor license process. Defined in Business and Professions Code: (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. To simplify the preceding language, when undue concentration exists, PCN must be found. When a license application is being evaluated for a "bona fide eating place", the burden to prove public convenience or necessity lies upon the applicant. ABC will then render the final determination. When a license is being evaluated for bars, cocktail lounges, or nightclubs, the Chief of Police will render the determination of public convenience and necessity. This procedure is also addressed in the City of Newport Beach City Council Policy (section K-7, page 2). 3 q 9 Lido Live UP2015-0111 Comments The applicant, Lido Live, is considered to be a "convention hall' which is defined under the "bona fide eating place" umbrella in Business and Professions Code 23038.1. Because of this designation, coupled with the present undue concentration of the location, the applicant will be required to prove public convenience and necessity to ABC. ABC will make the final determination or ruling. The Police Department feels as though the best decision is an informed decision. While we will defer to the good judgment of the Community Development Department and the Planning Commission to make the appropriate decision regarding Lido Live, we believe it is prudent to educate those involved on our concerns with Lido Live which are in addition to the crime statistics previously stated. Lido Live will have unregulated authority to book acts that may be a concern to public safety and may place an increased burden on police resources. Currently, two officers are assigned to the venue on an over-time basis via the special events process. The deterrent these officers have created is unable to be measured. The Police Department would like to impress upon all involved parties the importance of a well-trained security staff that will take responsibility for all matters concerning the venue, inside the establishment as well as all adjacent outdoor areas, including the parking lot. Should the Use Permit be approved, the Police Department hopes to share a positive and communicative working relationship with Lido Live staff so that we may ensure a safe environment for residents and theater patrons. Recommendations Should this project be approved and an ABC license issued, the Police Department provides the following recommendations: 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 for food and alcohol service will be from 10:00 a.m. to 11:00 p:m. daily. 4 Lido Live UP2015-0111 Security Should there be any change in the proposed operational characteristics, any addition to the hours of operation, or a change/transfer in the Alcoholic Beverage Control License, the applicant may be required to develop a security plan which will act as an amendment to the Use Permit and/or Operator License. The security plan shall be approved by the Police Department. Guest Departure and Parkins In a crowded area such as RD 15, it is important to have a plan for how guests should exit the facility safely. At the conclusion of high occupancy performances, security staff shall direct guests to the parking area. The parking area is also where taxi cabs and drivers shall stage. Taxi cabs drivers shall not be allowed to stage on Via Lido and shall be redirected to the lot. Security staff shall restrict guests where possible from crossing Via Lido outside of designated crosswalks. Other Recommended Conditions In addition, the Police Department has determined the following conditions would be appropriate for the business: 1. Approval does not permit Lido Live to operate as a bar, tavern, cocktail lounge, or nightclub. 2. Snacks must be available to patrons during alcohol service times. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 4. No reduced price alcoholic beverage promotions shall be allowed. 5. 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. 6. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 7. All owners, managers, and employees selling alcoholic beverages shall be required to undergo and successfully complete an ABC approved certified training program in responsible methods and skills for serving and selling alcoholic beverages. 8. Strict adherence to maximum occupancy limits is required. 5 51 Lido Live UP2015-0111 9. Wine or distilled spirits are not permitted. 10. Any activities conducted outside of the building shall require a special events permit. 11. Lido Live security personnel shall be responsible for patrolling the parking lot and adjacent areas to control loitering, noise, illicit activity, and other objectionable conditions that may occur on the property. If you have any questions as to the content of this memorandum, please contact aeCivilian tigator Wendy Joe at 949.644.3705 or wjoe@nbpd.org. Investigator, Special Investigations Bradler Va Sergeant, Special Investigations Jay Sho Lieutenant, Detective Division Jon Lewis Deputy Chief 6 52 NEWPORT BEACH POLICE DEPARTMENT "eWPa`r a a r- aa C r6mz,4 mcaysik Unit � m Chief lay R.Johnson 870 Santa Barbara Drive - Newport Beach -CA 92660- 949.644.3791 c'�/rat�`! 2014 CRIME AND ALCOHOL-RELATED STATISTICS Calls For Crimes Arrests Citations ABC Info Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Public Liquor Law Alcohol Active License Per Subject: Intoxication Related Licenses Capita 3459 Via Lida #206 $ 1 0 not applicable 0 0 _ Q not applicable Subject RD: 9,225 182 618 6,518.62 668 102 302 6 360 75 37 RD15 Adjacent RD: 1,064 26 28 1,647.66 13 0 0 2 0 0 RD14 Adjacent RD: 4,043 68 160 4,123.71 162 13 62 0 106 6 275 RD13 Adjacent RD: 4,274 75 201 3,169.91 207 75 4 217 6 394 RD16 i Newport Beach 97,838 2,067 3,572 2,421.06 3,151 496 691 16 1,090 450 189 California not available 1,210,409 not available 3,249.08 1,183,470 104;34 -,904 not available 82,597 451 National not available 10,189,900 not available 3,300.42 12,408,899 1,215,077 534,218 500,648 not available not applicable not applicable Summary for Lido Live at 3459 Via Lido #206 (RD15) In 2014, RD15 had a total of 800 reported crimes,compared to a city-wide reporting district average of 148 reported crimes. This reporting district is 652 crimes,or 441%,OVER the city-wide average. The number of active ABC licenses in this RD is 75,which equals a per capita ratio of one license for every 37 residents. Orange County averages one license for every 494 residents and California averages one license for every 451 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. Parti Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide, Rape, Robbery,Aggravated Assault, Burglary,Larceny-Theft Auto Theft,and Arson. This report reflects City of Newport Beach raw crime data for 2014,through December 31,before unfounded crimes are removed. California and National crime figures are based on the 2012 Uniform Crime Report which is the most recent edition. Crime Rate refers to the number of Part I Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of the date of this document. All Population figures taken from the 2010 Us Census. 53 6/5/2015 Additional Information Highest Volume Crime in Calls for Service RD15 at 3459 Via Lido 0. Vandalism BURGLARY ALARM AUDIBLE 2 Simple Assault CITIZEN ASSIST 1 DRUNK IN PARKED VEHICLE 1 Highest Volume Crime in DRUNK IN PUBLIC 1 RD14 GRAND THEFT REPORT 1 Burg/Theft From Auto OUT ON FOOT 1 VEHICLE STOP 1 Grand Total 8 Highest Volume Crime in RD13 Simple Assault Highest Volume Crime in RD16 Petty Theft 54 Attachment No. PC 6 Correspondence Received 55 V� QP �P 3100 Via Lido Newport Beach, CA 92663 April 14, 2015 �C�IVED eY Ms. Fern Nueno COMMUNITY Planning Department City of Newport Beach APR 2 0 2015 10o Civic Center Drive Newport Beach, CA 9266o 0 DEVELOPMENT RE: Lido Live UP-2015-011 & OL-2015-004 Dear Ms. Nueno, I am very concerned about the changing of the Lido Theater from a movie theater to Lido Live, which is live music concert arena and nightclub with an occasional 2nd run movie. This new use has significantly impacted the neighborhood. I am protesting the application UP-2015-on and OL-2015-004. 1) Alcohol Sales without permits: Lido Live has been selling alcohol since they started showing concerts which can be seen in pictures on their website (www.lidolive.com and the Lido Live Facebook page) that shows them selling alcohol and customers holding cups of beer and selling hard liquor (see attached picture). They do not have an ABC license listed on the theaters address. They are applying for a Type 40 license, which only allows the sale of beer, but they are selling hard liquor, which would require a different license. They do not have a kitchen so they cannot serve food (or anything other than popcorn) so they will be operating a bar with no food service. I oppose approval of a Use Permit and Operator License. Lido Live has been operating illegal alcohol sales without Planning approval for almost a year and now they are providing false information on what they intent to sell saying they will sell only beer yet they are serving hard liquor at recent events. 2) Conversion of the theater to increase capacity: Lido Live has removed multiple rows of seats to sell standing room tickets to increase the capacity from 500 seats to over 750 patrons. This is a change in use with a 50% increase in the number of patrons. The increase in intensity should require a Conditional Use Permit. An increase is intensity is not allowed without a CUP, even under the Landmark Building Ordinance. 3) Conversion of the movie theater to a live entertainment venue: Lido Live is not a movie theater with an occasional live performance - it is a live performance venue with an occasional movie on the days they do not have a live performance. A movie theater does not have "a standing area" in the front rows, a mirror ball on the ceiling or have the moves stopped every weekend for live performances. I 57 would guess less than 5% of their revenues are from the movie theater- more than 95%of the revenues are from the live music performances. The City is required under the zoning code to require a Change of Use application for the Lido Live as a live music venue. There is no justification to keep this building classified as an operating movie theater. 4) Environmental Review -Since this is no longer a movie theater, the new use of live music venue must have a full environmental review to access the impacts of increasing the capacity of the theater, the effects of this increased occupancy on parking at the shopping center, effects on traffic of this increase intensity and affects of offering alcohol (both hard liquor and beer) for sale with no food service. 5) Fire Department Review- The building does not appear to have any fire sprinklers and I have not seen any fire alarms in the building. The Fire Department should review the increase in occupancy to see if the building can accommodate the extra patrons from the removal of the seats. The live performances often include blocking the two front fire exits with equipment and curtains to prevent patrons from gaining access to the stage but also prevent access to the two rear exit doors. This should not be allowed. The Peninsula has had trouble with a rowdy crowd of patrons visiting this residential neighborhood and I am very concerned that Lido Live will only exacerbate this issue. I am afraid that Lido Live will end up being a detriment to the neighborhood with significant impacts while not bringing visitors into the Peninsula who will support the upscale restaurants and shops we want in the neighborhood. I oppose both the Use Permit and Operating License, The City of Newport Beach must fully analyze the impacts of the change of use, liquor licenses and increase in intensity of the new live music perfbrmance use. Sincerely, Steve M 5�' Lido Live presents LED ZEPAGAIN I Facebook 3/31/15 9:14 PM er rcw+..:� a7�ir a1C111, Lido Live-The Lido Theater In Newport Beach ilia https://w .facebook.com/TheL!doLive/photos/a.983327541699306,1073741851.572469726118425/984209528277774/7type-3&theater Page 1 of 1 59 Lido Live presents LED ZEPAGAIN I facebook 3/31/159:14 PM rt,n;,a Peep YNr lidoLive-The Lido Theater In Newport Beach �.Vii` _✓ � J�� 4 ; UC6,4 or des r eml,a s r I � https://www.facebook.com/TheLidoLive/photos/a.983327541699306.1073741851.572469726118425/984209531611107/?type-3&theater Page 1 of 1 Lido Live presents LED ZEPAGAIN I Facebook 3/31/15 9:16 PM aLido Live-The Lido Theater in Newport Beach https://www.facebook.com/TheLidoLive/photos/a.983327541699306.1073741851.572469726118425/984209368277790/?type-3&theater Page 1 of 1 �2 Save the Lido Theater 3ioo Via Lido Newport Beach, CA 92663 January 2o, 2015 Mr. David Kiff City Manager City of Newport Beach loo Civic Center Drive Newport Beach, CA 9266o RE: Lido Live - Lido Theater Dear Mr. Kiff, I am very concerned about the changing of the Lido Theater from a movie theater to Lido Live, which is live music concert arena and nightclub with an occasional movie. This new use has impacted the neighborhood. Lido Live sells alcohol at their concerts and yet they do not have approval from the City of Newport Beach for liquor sales and they do not appear to have an ABC license listed on the theaters address. They have been selling alcohol since they started showing concerts. I have pulled several pictures from their websites (www.lidolive.com and the Lido Live Facebook page) that shows them selling alcohol and customers holding cups of beer (see attached). The City's website shows that Lido Live applied then withdrew their application to sell alcohol last fall and yet they have been selling alcohol at every concert for the last 6 months. I don't understand how the City can stand by and let a live concert venue sell alcohol without City permits. I am concerned about the impacts of this change of use. The Peninsula has had trouble with a rowdy crowd of patron visiting this residential neighborhood and I am concerned that Lido Live will only exacerbate this issue. The neighborhood has had to fight live music venues that have caused significant negative impacts such the old Warehouse Restaurant and the Wine Bar/rage venue location in Lido Village. I am very concerned that Lido Live will end up being a detriment to the neighborhood with significant impacts while not bringing into the Peninsula people who will encourage restaurants and shops into the neighborhood. I am very excited about the prospect of a boutique hotel at the City Hall property and I don't think Lido Live will be a good neighbor for the hotel. Sincerely, Steve M. 02 Lido Live::Gallery 1/20/15 7:59 AM y � a z ti Boingo Dance Party http://lidoIive.com/photos.cfm Page 2 of 4 �3 Balcony Club Memberi Party 7/10/14 1 Facebook 1/20/15 8:09 AM Balcony Club Members' Party 7/10/14 M Udo Live-The Lido Theater in Newport Beach i'..e 120 a $a. a� tT I,rfA 4r7BIC' 1✓ I t ® Lido Live-The Lido Theater In Newport Beach edmellizaphotography.com with^eo•r w. a'S orange County Hot List,lack Marshall Bhlmko others like this. 2 shares Udo Live-The Udo Theater In Newport Beach What fabulous friends Lido Live have '1 rfi �t I https://www.facebook.com/TheLidoLive/photos/a.848089421889786.1073741830.572469726118425/848089458556449/?type-3&theater Page 1 of 1 I Lido Live:: Gallery 1120115 8.0 f AM 'r Rs ` - / 4 if ? 1 1 Smokey Robinson http://lidolive.com/photos.cfm Page 3 of � (OJT Lido Live::Gallery 1/20/15 8:04 AM 95 FILM r i. [VA L BEACI R oda ' • � E FUN ,` rcST N L i L r R E Z i t 'A L LFII Sado C t' FILLV:. Smokey Robinson http://lidolive.com/photos.cfm Page 3 of 4 Lido Live Callery 1120115 8:03 AM Ir Smokey Robinson Carolyn & William Bivens 126 Via Koron Newport Beach, California 92663 August 26, 2014 Ms. Fern Nueno City of Newport Beach fnueno(a)newportbeach ca.gov Dear Ms. Nueno; My husband and I have owned a home in Lido Isle since 2008 and been full-time residents since 2011. We love this community and intend it to be our exclusive home for the remainder of our lives. Like so many others, we are hopeful the renovation underway in the Via Lido area will revitalize the retail, night-life and accompanying tax base. We have extended ourselves and personally invested in frequenting and promoting local establishments. One of the most exciting and promising developments is the re-birth of the Lido Theater with live, 80's style music. We have purchased two annual balcony passes and persuaded many friends to do the same. My husband and I attended the last city council meeting because the liquor license for the Lido Theater was on the agenda. Unfortunately, the discussion was delayed. We will attend future discussions but thought it might be useful to point out what others are undoubtedly aware of and will certainly be considered as the liquor license request is considered. 1. It is in all of our best interest to provide support to the LidoLive group to aid in their success. A vibrant, contemporary, compelling live entertainment venue will influence the interest, promotion and coverage of our community throughout Southern California and beyond. Competing with other established venues ranging from Segerstrom to the Hollywood Bowl will require top-tier talent and a unique, premier concert experience. 2. We assume that the City of Newport Beach understands the importance for Lido Theater to be allowed to serve liquor. Since Woody's and Bear Flag, which flank the theater, already serve liquor, denying LidoLive a license is simply penalizing one establishment for the benefit of others. 3. The years of experience gained from Regatta Cafe which combined entertainment and alcohol serving a demographic group similar those who will frequent the theater, should serve the City of Newport Beach in approving the requested license. I suspect, the age group likely to comprise the bulk of patrons to the Lido Theater might be older than those who frequented Regatta Cafe. The City may well be preparing to approve the requested license. We are hopeful this will be one of the easier decisions associated with the revitalization of our community. The energy created by the opening of the Lido Theater under the management of LidoLive could generate momentum which will cascade to the soon-to-open retail and dining businesses. Let's not place an unreasonable impediment in LidoLive's and our path. With best regards, 02 a COMMUNITY THE August 15, 2014 AUG 2 1 1:011$ RESTAURANT Ms. Fern Nueno BUSINESSAssociate Planner DEVELOPMENT T r City of Newport Beach �Oe NEvdF ORS A� CORPORATE OFFICE 100 Civic Center Drive 816 E.WHITTIER BLVD Newport Beach, CA 92660 LA HABRA,CA 90631 562.690.2011 FAX 562.690.9871 Dear Ms. Nueno, I am writing on behalf of our good neighbor the Lido Theatre. ouR FAMILY of When we took over and reopened the Cannery in 2002 we were well aware that what had preceded us was not positively impacting this very historic area RESTAURANTS of Newport Beach. Hopefully, we succeeded in changing that to a high degree. We are very excited about the prospects of what the new hotel will EI Chola mean and view it as a strongforce to continue this p positive direction. 1121 S.Western Ave. u Los Angeles,GA 90006 ., 323.734.2773 www.elcholo.com - We also feel just as excited about what the Lido theatre is proposing. Their EI Chole business plan is at the same high level and I feel the addition of an alcohol Santa Monica,CAre 904 license is critical to what they want to accomplish. As with the Cannery Santa Monica,CA 90401 310.899.1106 where we changed the presence of alcohol into a positive for the area, I view www.elcholo.com P> P El Chafe the same from the Lido. 840 E.Whittier Blvd. La Habra,CA 90631 - 562.691.4618 Newport Beach has an incredibly rich history. The Cannery area is central to www.elchalo.com that history and what is happening there I believe will have a very favorable EI Chola impact on our city's future. 5465 Alton Parkway � P - Irvine,CA 92604 949.451.0044 wvrw.elchulu.com 11 ely, - EI Chola 1037 Flower Street Los Angeles,GA 90015 �..•^w 213.746.7760 - www.elcholo.com ElCholo ,2•on Salisbury 8200 E.Santa Ana Canyon Road Owner Anaheim Hilss,CA 92808 - 714.998.9777 www.elcbolo.com The Cat&The Custard Cup - 800 E.Whittier Blvd. to Habra,CA 90631 562.694.3812 www.calandcuslardcup,com EI Chola Catering. 1121 S.Western Ave. Los Angeles,CA 90006 32?,737.7718 Cannery Seafood of the Pacific 3010 to Fayette Ave. Newport Beach.CA 92663 949,566.0060 www.cannerynewporl.cam �� Z) c Ot Z)4M04C e �gCEIVEp 6y August 14, 2014 COMMUNITY AUG 15 2014 Ms. Fern Nueno, Associate Planner City of Newport Beach DEVELOPMENT GT 100 Civic Center Drive yOP Newport Beach, CA 92660 NEwP097 Re: Lido Live Via Lido Plaza, NB Dear Ms. Nueno: I have known Mrs. Tristan Ritter, both professionally and personally for many years, and have no doubt that the new premise for the Lido Live Theatre will be a boost to the Community. In this day and age, when theatres are having a hard time filling seats, many have looked to appeal to the general public in additional ways besides providing top notch movies. In fact,just the other day, I heard a radio program on NPR interviewing theatre owners who have begun to serve hot foot and adult beverages at small tables placed between seats. Some have even replaced the traditional seats with a dinner show layout with tables and chairs to allow people to eat and drink as they enjoy the movie. They all stressed that they were a movie theater first, but with the advent of all the devices that allow customers access to movies at all times and places, they had to devise ways of making their experience one that would draw people in. It seems to me, that this would be one of the draws of Lido Live. In addition, with live entertainment taking place occasionally,this would be yet another way of assuring the longevity of this architectural beauty and landmark in the City. As a small concert venue, this would appeal to a more mature crowd that appreciates the ambience of a more intimate performance and can afford the higher priced admission that may or may not be the case. I believe this use provides a niche in the area that is lacking at this time. There are a lot of larger arenas available in the area to see live musical acts, but not too many that provide quality entertainment in a smaller space with the added amenities I believe Lido Live will provide. In closing, I hope the City approves this project. I,for one, plan on taking advantage of the new and improved Lido Theater, should it come to fruition. I work,shop and eat in the OC beach area, especially Newport Beach as my office is in Costa Mesa. I have lived in Irvine and Costa Mesa. I can assure you that my co-workers and I would greatly appreciate the opportunity to support this endeavor. SV� e , U'V f l J Dawn Dimond 7O Anders LasaterArchitects, inc. August 14, 2014 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attention: Ms. Fern Nueno Associate Planner Regarding: Lido Live Hi Fern, I'm writing to voice my support for the the Lido Live MUP application that is currently in review with you. As a coastal Orange County native I spend a lot of time in Newport, both for business and pleasure. Because of this I know what types of entertainment opportunities we have available in Newport Beach, and what's missing from those opportunities. Lido Live is a great concept and will fill a gap for an undeserved audience - folks like me!. Having gone to high school in the '80s I'm really excited about the music they have planned. I know a lot of my friends and colleagues are as well. We all feel that Lido Live will offer us a classy place to go to enjoy the music we love that's NOT just another DJ club. We're too old for that, and frankly, there's already enough places like that in Newport. Lido Live will serve the need for a fun, but classy venue that attracts those of us who are no longer in our 20s and are looking for a more sophisticated alternative to the longstanding clubs and bars in the Lido area. I encourage the City of Newport Beach to welcome Lido Live and allow the venue to grow and thrive in the community. They offer a great alternative to services already in the community and they deserve an opportunity to be successful. I'm sure they will be. A Regards, nders Lasater, AIA resident ANDERS LASATER ARCHITECTS, INC. cell 949 280 7097 office 949 4971827 mail anders@anderslasaterarchitects.com web www.anderslasaterarchitects.com studio 384 ocean avenue suite 12 laguna beach california 92651 72 Nueno, Fern From: Marcia Brashier [marcia.brashier@a telesproperties.com] Sent: Thursday, August 14, 2014 11:38 AM To: Nueno, Fern Cc: Jim Brashier Subject: Lido Live Dear Ms.Nueno, My husband Jim and I live in Newport Beach and we both work herein Newport Beach. With our action-packed schedule as longtime brokers in the community(for over 35 years), We look forward to relaxing a few hours at the old Lido Theatre,now the venue for quality,and will enjoy first rate films and entertainment provided by the positive&innovative Lido Live concept of quality,80's music at special times,but also for the best films. When I was a girl,growing up in Pasadena,my family always came to Newport for the Summer. When John Wayne starred in the newly released film,"The Alamo",I was there as a very young teenager with my parents. My husband and I know the integrity of Tristan Ritter of Lido Live through our Business experiences with her,and of the owner of the Lido Theatre. Their concept is a positive one and will be conducted with class,quality and dignity......they always do the right thing. We look forward to your positive affirmation of their concept and actions. Respectfully, Marcia and Jim Brashier �� �ci�r GROUP Marcia Brashier I Senior Broker I direct 949.734.6228 1 e fax 949.209.5308 Teles Properties I I cell 949.241.6025 DRE Lic #00831772 12 Corporate Plaza, Suite 100 1 Newport Beach I CA 92660 marcia.brashier@telesproperties.com www.BrashierGroup.com TF1TEL ES J Nueno, Fern From: Bob Sinclair[surtboob@aol.com] Sent: Friday, August 08, 2014 9:32 AM To: Nueno, Fern Subject: Lido Live Dear Ms. Nueno, I am writing this message to you and the NBCC as my support for the "Lido Live" venue at the Lido Theatre. My wife and I have been living in NB since the early 70's and have been property owners since the mid 80's. We feel that by allowing the opening of Lido Live as well as the exciting 80's era music acts to perform live will only enhance the culture in our fine community. Thank you and the city council for your consideration of the this initiative. We hope that you and the NBCC recognize its importance. Sincerely, Bob and Robin Sinclair 216 34th St. NB i Nueno, Fern From: Bojana Sandie[bojana.sandic@gmaii.com] Sent: Thursday, August 07, 2014 3:44 PM To: Nueno, Fern Subject: In Support of Lido Live Dear Fern Nueno, I'm writing to show my support for the new Lido Live theater and the changes being made there. I'm a local resident and work with the Orange County Film Society, which has regularly screened films at the Lido and continues to do so. I'm excited that the theater is expanding into concerts and other live performances, and feel that serving beer there would be a positive addition and is in step with the trend of other nearby luxury theater venues. Thank you for welcoming a venue like this one onto the Balboa Peninsula. Best, Bojana Sandic r Save the Lido Theater 31oo Via Lido Newport Beach, CA 9x663 June 3, 2014 ��o�ov�o ey Mr. David I(iff �pMMUN17Y City Manager City of Newport Beach JUN 0 10o Civic Center Drive Newport Beach, CA 9266o DEVF40PMENT or. RE: Lido Live - Lido Theater o/' 1VewPo0 Dear Mr. Kiff, I am very concerned about the changing of the Lido Theater from a movie theater to Lido Live, which appears to be live music concert arena, nightclub with bar. This change of use could have severe impacts to the neighborhood and could have negative impacts to the Lido Village neighborhood including traffic, noise, and impacts to a landmark building. Lido Live posters are all over the shopping center. According to the Lido Live marketing material indicates it Lido Live will have over 20 concerts per year, solo artists, nationally touring bands, and DJ events and that it will attract over 250,000 people per year. This equates to over 4,800 concert patrons per week, which is a huge increase in the number of people than the movie theater draws. Thus it appears that Lido Live is going to be a live music performance space and a nightclub with DJ's, full bar with thousands of patrons per weekend which is a significant change of use from the current use as a neighborhood movie theater. I am concerned about the impacts of this change of use. The neighborhood has had to fight live music venues that have caused significant negative impacts such the old Warehouse Restaurant and the Wine Bar/rage location in Lido Village. The impacts of Lido Live could include: 1) Traffic-A live music venue will create significant impact with 700 or more people all descending on Lido Live for a concert then leaving all at once. A movie theater rarely sells out but a concert venue frequently sells out so the number of automobiles on the Via Lido and Newport Boulevard will increase with a live concert venue. If they project 250,000 attendees per year this is a huge increase in the number of people than the existing movie theater draws and thus a huge increase in traffic. z) Parking- I don't believe the shopping center has enough parking to accommodate concertgoers who will use parking for 4-6 hours while they watch a band or dance with a DJ. I am concerned the parking will overflow into the neighborhood and we will have concertgoers after midnight walking through the neighborhood to find their cars causing impacts to local residents. Parking is at a premium in Lido Village and we don't need to add to already impacted parking situation. If they charge for parking like they have recently been doing this will even worsen the parking situation and there will be huge lines of cars trying to get into the parking lots and pay for parking backing up traffic on Via Lido and Newport Blvd. 3) Noise -The Lido Movie Theater does not operate real late at night with the last movie over around midnight. A concert venue will generate lots of people leaving concert later than a movie theater operates which will cause noise impacts on the neighborhood. A live concert venue can generate large groups of intoxicated or high patrons leaving late at night. The last show of the Lido Theater has very few patrons which has minimal noise impacts versus a concert venue where the entire venue of 700 empties all at once late at night into our neighborhood. 4) Historic Character of the Lido Theater - the Lido Theater is a landmark in the community. It was beautifully restored to its original luster by the Regency folks over ro years ago and been well maintained. The exterior art deco features are integral to the character of Lido Village. The interior murals, which depict the animals of the ocean glowing in the dark, have been a fixture in the community since it opened in the 1930's. I hope the City can make sure that the architectural character of the building is maintained and the interior murals don't get painted over or the exterior isn't changed to some boring design like the West Marine. Losing this landmark including the murals would be a significant impact to the cultural heritage of Newport Beach. 5) Building Facilities - The movie theater is not designed to function as a DJ nightclub or live music concert facility. In a movie theater there is less demand for restrooms since the length of stay is z hours versus 700 people in a building for 4 or more hours for a concert drinking alcohol and eating food. There is no men's room downstairs and no women's room upstairs. I don't think the building has ever had air conditioning since it can be warm in the summer, which may be OIC for ioo people in a movie for z hours but not for 700 people with all the lights and equipment for a rock concert. The website says Lido Live will have a full bar but I dont think the theater has a kitchen so I don't know how they would serve food and alcohol without the proper facilities. The City needs to make sure that the building has the proper fire alarms and sprinklers for a concert that might have pyrotechnics, a stage, lighting and sound equipment, which is different than a movie theater. I believe this would the largest nightclub/live music venue in the City with a huge concentration of people in a tight space. I am very excited about the prospect of a boutique hotel at the City Hall property and 1 don't think Lido Live will be a good neighbor for the hotel - having a bunch of concert patrons hanging out drinking and smoking in the parking lot late at night is not the image 1 was hoping for if I was staying a weekend at the new boutique hotel. This is not the neighborhood for a concert nightclub venue with live music -the area around the airport or Fashion Island would be a more appropriate location for a live music concert hall. I am sad to see the movie theater disappear. It has been such an integral part of the neighborhood since the 1-930's and has been a good neighbor for Lido Village with minimal impacts to the neighborhood while providing an important catalyst to the economic health of the neighborhood supporting the local restaurants and shops. The theater attracts all age groups, bringing in families, couples and retirees into the neighborhood to see the good side of the Peninsula as well as providing a service for the local resident. I am very concerned that Lido Live will end up being a detriment to the neighborhood with significant impacts while not bringing into the Peninsula people who will encourage restaurants and shops into the neighborhood. The Peninsula has had trouble with a rowdy crowd of patron visiting this residential neighborhood and I am concerned that Lido Live will only exacerbate this problem we have been fighting on the Peninsula for years. I hope the City will conduct appropriate environmental studies that study the impacts of this change of use (including traffic, noise, parking, cultural heritage and neighborhood compatibility) and have public hearings about the change of use from a neighborhood movie theater to a live concert nightclub venue serving alcohol so the residents of the neighborhood can make their concerns heard. All of the traffic, parking, noise and other impacts need to be analyzed prior to a concert venue opening. The historic character of the building is integral to the Lido Village neighborhood and needs to be preserved as a landmark building - both the exterior and the interior murals. Sincerely, Steve M. Save the Lido Theater CC: Ms. Kim Brandt, Community Development Director LIVE SPONSORSHIP OPPORTUNITIES Be seen by 250,000 people during an average calendar year. � Display your name, products and services to consumers, and make an emotional connection. Reach your potential customers in a unique setting that allows for personal interaction. Be a part of an environment, that will promote your business! Hospitality, Tickets, Private Parties, VIP access. • Commercials Played Naming RightsPresenting Sponsorships contact tristan@lidolive.com AWFW The Lido Live Balcony Club offers a truly unique experience an ....._.. will cater to a clientele who insist on the highest of standards n _ . Your second floor mezzanine private member area will b j(�n decorated with iconic mural art softly lit with ceiling hun chandeliers to provide a very unique, private, setting. As a Balcony Club member,you will always have the 1st option t purchase tickets to any event for your family and friends befor tickets are sold to the general public. Once you've experience ® an evening of refined hospitality as a Lido Live Balcony Clu member,you'll wonder how you ever lived without it. 0 Get ready to experience today's latest and greatest talen • • •r • performing as intimate solo artists, local and nationally tourin bands, or even alongside DJ's. Don't miss this opportunit to experience state of the art sound, lighting,and artistic cultur by becomming a Lido Live Balcony Club Membership! • Access to over 20 concerts per year • Immediate show announcements ' ^ `�� • Free yearly movie passes Y1 • Share your pass with family &friends , • Complimentary valet parking • Private RED CARPET entrance • Pre-show appetizers • Discounts on Lido Live merchandise • Member only events For more information please contact V� QP �P go Attachment No. PC 7 Site Photographs 21 V� QP �P g� y f \,. • �. r . ' r s 1 .. 106 A 130 . 1 " � <d i MMANN PARTY 9SA1FRIDAY COSTUME _,may `yam 1 � .....= i �` . '�_ i -- �--- - �/L �r r� �i 1�'i'� ` , . _, ����. Rdd7771� A.: — .A � i, �I�� ■ � ,. �' � a ..�� L- e� Attachment No. PC 8 Project Plans 25 V� QP �P g� PA2015-044 Attachment No. PC 8 - Project Plans Lido Live Summary Theater Number of Parking Spams 314 tal, Via Lido Number of Handicap Parking estops (Of which ane is Van Aacessibb) Number of Required Spaces 284 slaps � Number at R,.mud Handicap Spam. 8 dans Aaess Parting Avoilpbk 30 stops m - /\ ll -- — 1 .T.4tTTTT i I.�. ��\w (-1 1 �i, SII -/ \~ 3 17 o ':= s — ti \ 30 v; " Via Map n SITE PLAN Lido Live Theatre - 3459 Via Lido, Suite 206 Fritz Duda Company '°'°"^^^w'^a° VIA LIDO PLAZA ch(tects Inc NEWPORT BEACH, CA. "— Mu•^ g� PA2015-044 Attachment No. PC 8 - Project Plans First Floor Seating: 280 (See Seating Chart) o ' STORAGE / (STORAGE / ELI S 107 s WOMEN= ' RESTROOM U toz j I j ' i I STAGEn, I MIEAT D5 LOBBY I I sroog S0 oM -, — t 110 OFFICE 1 \ O TIDHEf 103 BDOTH PLANTER S' = Security Guard Station FIRST FLOOR PLAN A2.1 M:MB Ul= 1 19 MARCH 2014 LIDOTHEATER PROJECT NO. 11039' �. 3459 VIA LIDO NEWPORT BEACH. CALIFORNIA PA2015-044 Attachment No. PC 8 - Project Plans Mezzanine Level Seating: 187 (See Seating Chart) I / ; I PROJECTION I ROOM 204 MEZZANINE SEAONC ISI � MEZZANINE SEATING PLAN A2.3 R ..1/e= r 19 MARCH 2014 LIDO THEATER PROJECT NQ 11029 s VIA NEW :16•ITtiiB NEWPO RT BEAC H, CALIFORNIA '-, •��+ is?i57:::::•: PA2015-044 Attachment No. PC 8 - Project Plans MENS RESIROOM 202 0 MEZWINE MEZZANINE FLOOR PLAN AL.L 19 A�ARCR 201/ LIDOTHEATER PROTECT 00: 11039 VIA LIDO NEW a;99oL:>Ib N EW PORT BEACH, CALIFORNIA �D PA2015-044 Attachment No. PC 8 - Project Plans • • Live Seating Chart Seats D00000 0000000000000 00000 D 23 E 0000 000000000000 0000 E 20 F00000 0000000000000 00000 F 23 00000 000000000000 00000 G 22 H 00000 000000000 00000 H 19 10000 00000000 0000 116 J 0000 00000000000 0000 J 19 K00000 0000000000000 00000 K 23 00000 000000000000 00000 L 22 m 00000 0000000000000 00000 m 23 N 0000 000000000000 00(D0 N 20 00000 0000000000000 0000 U 21 0000000000 0 0 0 0 P 15 Q 0000000000 0000 Q 14 BALCONY BA 00000 0000000000000 00000 BA 23 BB 0000 0000000000000 00000 BB 23 BC 0000 0000000000000 00000 BC 23 BD 0000 0000000000000 OOC)00 BD 23 BE 0000 0000000000000 00000 BE 23 BF 0000000 000000 0000 BF 17 BG 0000000 000000 0000 BG 17 BH 0000000 000000 0 BH 14 BI 0000000 000000 0 6114 BJ 0000 000000 8110 � PA2015.044 for UP2015-011 OL2015-0 3459 Via Lido, Suite 2061 Lido Live, Inc. Planning Commission-June 18,2015 Item No. 3a:Additional Materials Received Lido Live Minor Use Permit(PA2015-044) 347 Via Lido Sound Newport Beach, CA 92663 June 12, 2015 Planning Commissioners FcEtvEt7 ay Planning Commission COMMUNITY City of Newport Beach 100 Civic Center Drive JUN 17 2015 Newport Beach, CA 92660 RE: Lido Live UP-2015.44, UP 2015-011 0 DEVELOPMENT��GT e' Op Nt;wPOP� Dear Planning Commissioners, I do not want to see alcohol sold at Lido Live. Please deny the application for Lido Live. A live music venue is not an appropriate use for the historic Lido Theater. I don't think that the Lido Theater should be able to serve alcohol since they don't serve food. We don't need any more bars with live music in Lido Village, Please respect our neighborhood and do not approve any more alcohol permits in our neighborhood except for bon-fide sit down restaurants. I read the staff report and don't understand how the City can let a theater operate for 9 months with no alcohol permit and still sell beer, wine and hard liquor. Also, all of the letters of support in the staff report are from last year before Lido Live started performances. Finally, I don't know how alcohol can be served when the theater is lacking adequate restrooms. There is no men's room on the ground floor where most of the seats are located. Please help keep Lido Village a peaceful place to be and deny the application. I am fine with the Lido playing movies but no live performances with a bar. Frances Beford60q Planning Commission-June 18,2015 Item No.3b:Additional Materials Received Lido Live Minor Use Permit(PA2015-044) 31oo Via Lido Newport Beach, CA 92663 June 15, 2015 * P Planning Commissioners City of Newport Beach too Civic Center ve Newport Beach, CDA1 9266o o�J�`v �•,p& Qry OF tN�y, RE: Lido Live UP-zo15-44, U132015-011 & OL-2015-004 Dear Members of the Planning Commission, I request the Planning Commission deny the application UP-2015-on and OL-2015-004 for Alcohol sales at Lido Live. The Lido Live operation does not meet the criteria to serve alcohol and granting this permit would be detrimental to the community. I am very concerned about the changing of the Lido Theater from a movie theater to Lido Live, which is live music concert arena and nightclub with an occasional 2nd run movie. This new use has significantly impacted the neighborhood. 1) Capacity: The staff report is incorrect since it states the Lido Live has a capacity of 47o patrons. Lido Live has removed multiple rows of seats to sell standing room tickets to increase the capacity from the old theater of approximately 550 seats to over 750 patrons. This is a change in use with a significant increase in the number of patrons. 2) Landmark Building Ordinance: The Landmark Structure Ordinance can not apply to Lido Live since the operational characteristics where expanded with the increase in occupancy load when multiple rows of seats were removed and the occupancy was increased from the original use as a movie theater. The Landmark Structure Code states: 20.38.090 Termination of Nonconforming Status. A. Nonconforming Use. Unless otherwise provided in this chapter a nonconforming use, or nonconforming operational characteristic of a use, shall cease operations, shall not be reestablished, and shall lose its nonconforming right when one or more of the following conditions occur: 3. The use, or nonconforming operational characteristic of a use, is enlarged, extended, expanded (e.g., increase in floor area, lot area, or occupancy load), or changed to increase its nonconformity with the regulations of this Zoning Code without first obtaining required approvals; or Planning Commission-June 18,2015 Item No.3b:Additional Materials Received Lido Live Minor Use Permit(PA2015-044) 3) No Food Service with alcohol sales: Granting an alcohol permit for a use that does not sell food is unprecedented in Newport Beach. Newport Beach has two movie theaters - the Port Theater and the Island Cinema that sell alcohol but the theaters provide a range of food. The Port sells Pizza, appetizers, fruit plates, and cheese platters. The Island Cinema sells 3 Panini's, 3 wraps, i soups, quiche and a dozen appetizers. The Lido Live application is proposing popcorn and hot dogs. (see attached menus). An alcohol permit should not be permitted if substantial food is not provided. The old Lido Theater did not have a kitchen so it does not have capacity to provide any real food. 4) Conversion of the movie theater to a live entertainment venue: Lido Live is not a movie theater with an occasional live performance- it is a live performance venue with an occasional movie on the days they do not have a live performance. A movie theater does not have "a standing area" in the front rows, a mirror ball on the ceiling or play movies a few days a week with live performances every weekend. (See attached schedule). The City is required under the zoning code to require a Change of Use application for the Lido Live as a live music venue. The Landmark Structure Ordinance does not apply since the capacity has been increased from the original use when it was converted to a live music event. There is no justification to keep this building classified as an operating movie theater. Conclusion: The following findings should be made and the application denied: a. The use is not allowed within the zoning district because this is a change of use with increased capacity and the Landmark Structure Ordinance can not apply with an increase in capacity. b. The application does not provide food uses to go with alcohol sales and thus the operating characteristics are not compatible with the allowed uses on the Peninsula. C. Operation of the alcohol use in conjunction with a live entertainment use at the Lido Live Theater would 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 on the Peninsula. The staff report has not provided the required justification for approval of alcohol sales for the Lido Live. Approving this alcohol application would set a bad precedent to allow a live music revenue to sell alcohol with no real food service. I oppose both the Use Permit and Operating License. The City of Newport Beach must fully analyze the impacts of the change of use, and increase in intensity of the new live music performance use. Sincerely, Steve M Planning Commission-June 18,2015 Item No.3b:Additional Materials Received Lido Live Minor Use Permit(PA2015-044) ISLAND CINEMA FASHION ISLAND • NEWPORT BEACH Popcorn Sandwiches & Wraps Island Cinema Popcorn 6.5 -8.5 All served with a side of sea salt chips Small,medium,and large sizes available Butter flovoring upon request Chipotle Chicken Panini 9.5 Grilled chicken with tomato,shredded Monterrey lack cheese, Popeomopolis 7-8 cilantro and chipotle aioli spread on a Lo Baccia roll Kettle, Catu nel, or Zebra(caramel with white and dark chocolate drizzle) Grilled Chicken Panini 9 Grilled chicken with tomato, avocado,shredded lettuce,and shredded Monterrey lack cheese on a Lo Baccia roll Snacks & Appetizers Turkey&Avocado Panini 9.5 Candy 3.5-4 Sliced turkey with tomato,avocado,and shredded queso Wide variety available including movie theatre classics such blanco on o Lo Baccia roll as Red Vines,Junior Mints,and Sour Patch Kids Turkey Wrap 9 Odwalla Food Bar 4 Sliced turkey with tomato,avocado,and shredded!ethic Mixed Berry,Chocolate Protein,or Banana Nut wrapped in a sundried tomato tortilla Organic OM Snacks 4 Vegetable Wrap 9 Gummi bears or chocolate covered pistachios,raisins,or Black beans, corn,bell peppers, and broccoli with a red cashews hummus read wrapped pepper p Aped in o sundried tomato tortilla Hummus&Pita Chips 5 Stew's Pita Chips with either classic erred pepper hummus Soups Organic Chips,Salsa &Queso 7 Old Fashioned Chicken Noodle 6 Organic blue corn tortilla chips served with sides of salsa and Rich chicken broth with thick egg noodles, tender pieces of queso blanco chicken,carrots,and celery Add a side of guacn.mole for an additional charge Chicken Tortilla 6 Cheese& Crackers Tray 8.75 Navy,kidney and pinto beans, corn,sweet red peppers,and Carr wafers served with a variety of four cheeses chicken in a traditional masa-based broth Vegetable Tray 7 Celery, carrots,and broccoli served with sides of classic Specialty Items hummus and guacamole Smoked Chicken Quesadilla 8 Vegetarian Spring Rolls 6 Smoked chicken, Monterrey Jack cheese, andjolapenos on a Cabbage, carrots, bmnboo shoots,onions,and mushrooms flour tortilla wrapped in o delicate crust Cheese Quesadilla 7 GoPicnic Snack—Turkey& Cheese 5.75 Monterrey blend cheese andjolapenos on a flour tortilla Turkey pepperoni slices,creamy Asiago cheese spread, multi grain crackers,and a fruit&nut mix Italian Pizza 7.5 Four cheese, Pepperoni,or Supreme Fresh-baked Soft Pretzel 5 Planning Commission-June 18,2015 Item No.3b:Additional Materials Received Lido Live Minor Use Permit(PA2015-044) ISLAND CINEMA FASHION ISLAND • NEWPORT BEACH Specialty Items (cont.) Beverages Soda 5.25 -5.75 Quiche 7 Small and large sizes available Spinach or Cheese Assorted variety of Coca-Cola products Macaroni& Cheese 6.5 Bottled Water 5.25-5.75 "�; "' 1 t"' , i 1 Liter bottles of Dasoni or Smart Water All-Beef Hot Dog 5 Bottled Sparkling Water 5 Nathan's all-beef hot dog served on a poppy seed bun Perrier Original, Citron,or Pink Grapefruit Bratwurst 5 Vitamin Water Bottled Beverage 5.25 Eisenberg bratwurst served on a lightly toasted bun Power-C,Revive,or XXX in both original and zero varieties Buffalo Chicken Wrap 9 Honest Tea Bottled Beverage 5.75 Grilled chicken tossed in Frank's red-hot sauce and ranch with Honey Green,Half Lemonade& Tea, Unsweetened lemon, avocado,cilantro and shredded Monterrey lack cheese, Not Too Sweet Tea, Peach White Tea, or Cranberry Lemonade wrapped in a flour tortilla Served with celery,carrots,and a side of ranch Simply Juices Bottle Beverage 4.75 Apple, Cranberry Cocktail,or Or &Mango Desserts Zico Bottled Coconut Water 5.75 Hand Scooped McConnell's Ice Cream 5.5 Natural or Chocolate rs of a variety of twelve flavors Odwalla Bottled Beverages 7 Ice Cream Sundae 7.5 Chocolate Protein, Mango Tango,or Superfood Two scoops of ice cream with whipped cream, mixed nuts, a cherry,and a choice of fudge,caramel,or raspberry topping Hot Beverages Cheesecake 8 Specialty Italian Coffee 4.5 Blueberry,Creme Brulee,or Marble Chocolate Espresso,Americana,Latte, or Cappuccino Peanut Butter Brownie Stack 8 Mocha 5.5 Served with either fudge or caramel drizzle Hot chocolate with o shot of espresso Lemon Crumb Bar 5.5 Hot Chocolate 3.5 Cookie 4 Meximn spiced hot chocolate Chocolate Chunk,Rocky Road, Peanut Butter,or White Mighty Leaf Hot Tea 3.5 Chocolate Macadamia Nut Tropical Green, Organic Green Dragon,Bombay Choi, Organic LINDCRTruffle5 7.5 Earl Grey,Chamomile Citrus, or Organic African Nectar Milk, Dark, or White Chocolate Affogato 6.5 A shot of espresso pour over a scoop of vanilla ice cream Planning Commission-June 18,2015 The New Port Theater I Menu Item No.3b:Additional Materialmjgge VPO:18 AM Lido Live Minor Use Permit(PA2015-044) 949.123.6333 © ® I I I COUNTY'SPREMIERE 11 LUXURY THEATER O BUY TICKETS CALENDAR DIRECTIONS ® E-NEWSLETTER HOME 0 MENU PRIVATE RESERVATIONS ;iCONTACT ENJOY A GOURMET MEAL OR SNACK DURING THE FILM! You can now enjoy Port's selection of fine WINES,CHAMPAGNE, ice cold craft BEER, and top shelf COCKTAILS during your movie!In addition to our full bar,the Port's kitchen offers a selection of gourmet foods made to your liking.Try our famous Port Dogs,homemade pizzas,hot buttered popcorn and custom espresso chinks.Port's kitchen &bar will leave you feeling refreshed,invigorated and ready to enjoy the film! -- PORT CUISINE 12"Pizza—Hand-tossed and made from scratch daily! r Cheese Margherita Hawaiian Pepperoni Three Topping Pie Toppings: �• Extra cheese,pepperoni, green or red pepper, pineapple, olive,mushroom, garlic, onion, tomato,cilantro, r7,banana pepper,jalapeilo pepper, fresh mozzarella&basil a •o _ The Dip Trio Warm pita bread,carrots,and celery accompanied by three fresh and flavorful house blended sides: avocado dip, roasted pepper hummus,and traditional Mediterranean hummus. Port Dog An all-beef frank with your choice of over a dozen toppings and complemented by a crisp side of Rusty's Chips. Toppings: Onion, tomato, cilantro,banana pepper,jalaper5o,ketchup,yellow mustard, deli mustard, mayonnaise, Snracha hot sauce, relish. Cheese Platter A delicious assortment of seasonal fruits accompanying a selection of gourmet cheeses and crackers. Fruit Platter Fresh berries and seasonal fruits paired with a savory dark chocolate dipping sauce. http://portnewport.com/menu/ Page 1 of 2 Planning Commission-June 18,2015 Lido Live-The Lido Theater in Newport Beach-Newport Beach,California-Movie Theater,Concert Venue- Events Ilreae0Nbk3b:Additional Material8rf184013'gO33 AM Lido Live Minor Use Permit(PA2015-044) Email or Phone Password I facebook 793631309Qfacebook.conLog In IM ' Lido Live he Lido Theater in Newport Beach I is on Facebook. To connect with Lido Live-The Lido Theater in Newport Beach,sign up for Facebook today. r rttk Q (� 4 r1 • • Timeline About BUYTICKETS Events More - Events Upcoming Events Past Events i!,W. The Dirty Knobs with Mike Campbell,Jason Sinay,Matt Laug, Lance Morrison 1gLido Live-The Lido Theater in Newport Beach in Newport Beach,California 8:00pm in PDT %0 . w'ng JUN Palnbirds 20 Lido Live The Lido Theater in Newport Beach in Newport Beach.California 8:00pm in PDT 14;1..re JUN 26 THE CURSE:Tribute to the Cure with Maladjusted Lido Live-The Lido Theater in Newport Beach In Newport Beach,California 9:00pm in PDT JUN Chicago Experience featuring Kenny Cetera 27 doLive-The Lido Theater in Newport Beach In Newport Beach,Califomia 9:00pm in PDT JUL Tijuana Dogs 03 Lido Live The L ado Theater in Newport Beach in Newport Beach,California 9:00pm in PDT https://www.facebook.com/TheL!doLive/events?key=events Page 1 of 3 Planning Commission-June 18,2015 Udo Live-The Lido Theater in Newport Beach-Newport Beach,California-Movie Theater,Concert Venue-Events IlfoAe0lmk3b:Additional MaterialsigWiftYQ6:33 AM Lido Live Minor Use Permit(PA2015-044) JUL Ambrosia 11pw+►iiqlll Lido Live The Lido Theater in Newport Beach in Newport Beach,California 9:OOpm in PDT JULr—pAN Fan Helen and Generation Idol 18 • Udo Live-The Lido Theater in Newport Beach in Newport Beach.California 9:OOpm in PDT JUL BLASPHEMOUS RUMOURS AND RIO 25Lldo I :. the lido Theater in Newport Beach In Newport Beach.California k 9:OOpm in PDT ;r„(loop AUG '�_ Cubensis 01 Udo Live-The Lido Theater in Newport Beach in Newport Beach.California ;,�. B:OOpm in PDT AUG r , BEE GEES GOLD TRIBUTE 15 ado Live-The Lido Theater in Newport Beach in Newport Beach,California 9:OOpm In PDT L j -'ycib� AUSP : Asleep at the Wheel 19 Udo Live-The Lido Theater in Newport Beach In Newport Beach.California 9:OOpm in PDT SEP '+^ Family Style 05 Lido Live- ido Theater in Newport Beach in Newport Beach,California B:OOpm in PDT l I. _..r lo: . SEP Cai Out 11 Lido Live-The Lido Theater in Newport Beach in Newport Beach,California 9:00pm in PDT P.p-CPle ars oozing SEP Hollywood U2 and The Police Experience 12 Udo Live-The Lido Theater in Newport Beach in Newport Beach,California 9:OOpm in PDT SEP Devon Allman Band 13 Lido Live-The Lido Theater in Newport Beach in Newport Beach,California 6:00pm in PDT 2 rrJp! are going SEP The Edwards Twins Master Impersonators 19 Lido Live The Lido Theater in Newport Beach in Newport Beach,California 9:OOpm in PDT Pa IL, n'.,, -11 :j.Ii;r https:llwww.facebook.com/TheLidoLive/events?key-events Page 2 of 3 Planning Commission-June 18,2015 Item No.3c:Additional Materials Received Lido Live Minor Use Permit(PA2015-044) June 18, 2015, Planning Commission Agenda Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 3: Lido Live Alcohol Sales (PA2015-044) Particularly in view of the event photos supplied in the correspondence, the combination of live music and alcohol would seem to me to be close to the kind of cabaret/night club use to which City Council Policy K-7 ("Determination of Convenience and Necessity for Alcoholic Beverage Outlets') was intended to apply. Under that policy new alcohol licenses are not supposed to be granted if"The location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City; and[t]he location is within 200 feet of a property in residential use." According to the Police Report, Reporting District 15 has a crime rate "561% greater than the average' (handwritten page 49), so the location certainly meets the first criterion. And handwritten page 15 says there is residential zoning "approximately two-hundred(200) feet from the theater to the northwest across Newport Boulevard." As a result, in addition to the factors considered in the staff report, I would think these circumstances warrant a closer examination of whether Council Policy K-7 applies. I was also surprised to see no obvious mention in the staff report regarding the recent City Council hearing in which the Lido Live operator sought a refund of special event fees paid to the City in connection with previous events at which alcohol was sold. I would have thought that would have been relevant since the discussion centered on the amount of police presence needed at Lido Live events. Finally, regarding the substance of the application, I would be concerned the proposed conditions of approval contain adequate safeguards to prevent the promotion of underage drinking. I hope the Commission will carefully evaluate that. Planning Commission - June 18, 2015 Item No. 3d: Additional Materials Presented at Meeting 044) L'Ido Live Alcohol Sales Mainor Use Permit ( PA2014421 ) 111. Planning Commission (fS�,pA�sco ARTY ure a�,�wPoR T Public Hearing June F n • 2015 C9C/FO RN\P Planning Commission - June 18, 2015 Item No. 3d: Additional Materials Presented at Meeting 044) �?EwPORr Vicinity Map Mtn O A r U a cqC/FORN`P � �� 1 4 ^C - i 71- Community Development Department - Planning Division 2 Planning Commission - June 18, 2015 Item No. 3d: Additional Materials Presented at Meeting 044) F�F W PpQT Project , Ption U 2. a cqC/FORNP Theater Operations Landmark Theater Minor Use Permit for Alcohol Sales Operator License Background Community Development Department - Planning Division 3 Planning Commission - June 18, 2015 Item No. 3d: Additional Materials Presented at Meeting 044) a�EwP�^r Site Photographs it 00 O i= n cqC/FORNP l NRDUAW THE BAMS - 20 no N�Lp 445 935 �4 e'_ 4 Planning Commission - June 18, 2015 Item No. 3d: Additional Materials Presented at Meeting 044) a�EwP�^r Site Photographs O i= n cqC/FORNP r ii l 00 J 5 Planning Commission - June 18, 2015 Item No. 3d: Additional Materials Presented at Meeting 044) F�F W PpQT Concerns US a a.C9t/FORN�P Potential impact on police services and surrounding uses Combination of live music, alcohol sales, a large venue, and no kitchen for full - meal service Unregulated authority to book acts No Police presence 6 Planning Commission - June 18, 2015 Item No. 3d: Additional Materials Presented at Meeting 044) F�F W PpQT Recommendation � S a ct/FORNP Conduct a public hearing Adopt the draft resolution approving alcohol sales for the existing Lido Live theater a t ti 4 I For more information contact: Fern Nueno 949-644-3227 fnueno@newportbeachca.gov www.newportbeachca.gov