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HomeMy WebLinkAbout2.0_Big Newport 6 Alcoholic Beverage Control License_PA2016-020 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 6, 2017 Agenda Item No. 2 SUBJECT: Big Newport 6 Alcoholic Beverage Control License (PA2016-020) SITE LOCATION: 210 and 300 Newport Center Drive Conditional Use Permit No. UP2016-003 and OL2016-002 APPLICANT: Edwards Theatres, Inc. OWNER: Trail Properties, LLC PLANNER: MelindaWhelan, Assistant Planner 949-644-3221, mwhelan@newportbeachca.gov PROJECT SUMMARY A request to add a Type 47 (On-Sale General)Alcoholic Beverage Control (ABC) License at the existing Big Newport 6 Regal Movie Theater. The hours of operation will remain from 10:00 a.m. through 1 :00 a.m., daily and the number of seats (1,134)will not change. The physical changes to the site are related to the alcohol service and include the following: 170-square-foot remodel in the existing lobby concession stand in the Auditorium 1 building to provide a new bar, front and back counter and bar equipment; new 42-inch tall metal gates and guardrail pedestrian barrier system to enclose the patron walkway and guide circulation between the lobbies. There are no other proposed changes to the existing site or operation of the theater. Purusant to NBMC 5.25, the addition of the Type 47 (On-Sale General) ABC License as described, requires the owner/operator to file for an Operator License approved by the Police Department. An Operator License application is being reviewed concurrently by the Chief of Police, pursuant to Municipal Code Chapter 5.25. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities), of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. _ approving Conditional Use Permit No. UP2016-003 (Attachment No. PC 1). 1 V� QP �P Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 2 VICINITY MAP 210 Newport Center Drive (Auditoriums 4-6) 300 Newport Center Drive (Auditoriums 1-3) ic 9 Q GENERAL PLAN ZONING I � LOCATION GENERAL PLAN ZONING CURRENT USE Regional Commercial Office Regional ON-SITE Office CO-R Commercial (OR) Theater NORTH Regional Commercial PC-56 North Newport Fashion Island Mall r F SOUTH CO-R OR Parking Lot, General Office and Service Uses EAST CO-R OR General Office and Service Uses WEST CO-R OR General Office and Service Uses 3 Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 3 INTRODUCTION Project Setting Big Newport 6 Regal Theater is located on two properties at 210 and 300 Newport Center Drive directly south of Fashion Island. 300 Newport Center Drive is developed with three auditoriums with a total of 760 seats. 210 Newport Center Drive is developed with three additional auditoriums with a total of 374 seats. Parking is provided at existing shared parking lots northeast and southeast of the buildings. The buildings are connected by covered walkways. Project Description The request is to add a Type 47 ABC license (on-sale general for bona fide public eating place)to an existing Regal Movie Theater. In conjunction with this request is the Operator License required to be approved by the Police Department. The alcohol service will be provided with food service for both theater buildings located at 210 and 300 Newport Center Drive. The physical changes to the site are related to the alcohol service and include the following: 170-square-foot remodel in the existing lobby concession stand in the Auditorium 1 at 300 Newport Center Drive to provide a new bar, front and back counter and bar equipment; new 42-inch tall metal gates and guardrail pedestrian barrier system to enclose the patron walkway and guide circulation between the lobbies of both buildings. The remodel of the concession stand in auditorium 2 at 210 Newport Center Drive will be implemented in the future. Based on demand, the theater may also provide the option to order food and alcohol from a server within each theater auditorium. There are no other proposed changes to the existing site or operation of the Theatre. All of the conditions of Use Permit No. UP1527 (Attachment No. PC 3) will be consolidated and transferred to this Use Permit. The applicant's request is described in Attachment No. PC 4 and the project plans are provided as Attachment No. PC 7. The hours of operation for the theater and alcohol sales would be consistent with the existing hours for the theater from 10a.m. to 1 a.m., daily. The Type 47 ABC License authorizes the sale of alcohol in conjunction with food service. As conditioned, the alcohol service will be limited to a maximum two beverages to any one person during a single transaction or two per patron per screening. A full service food menu will be provided similar to the example found in Attachment No. PC 4. Background Big Newport Theater was established in 1969 at 300 Newport Center Drive. The theater has been expanded to include 210 Newport Center Drive. Today the theater includes a total of six auditoriums with a total of 1,134 seats and operates pursuant to Use Permit No. UP1527. The following provides a detailed history: 4 Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 4 • In 1969, the Planning Commission approved Use Permit No. UP1347 for 1,252 seats and shared off-site parking located immediately adjacent the theater. • In 1972, the Planning Commission approved Use Permit No. UP1527 for the addition of a new auditorium with 500 seats. • In 1988, the Planning Commission approved an amendment to Use Permit No. 1527 for the addition of the third auditorium and 250 additional seats. • In 1994, the Planning Commission approved a second amendment to Use Permit No. UP1527 for the expansion and addition of Big Newport at 210 Newport Center Drive including three auditoriums and a total of 897 seats. • In 2014, all six auditoriums were remodeled to incorporate Imax theater seats. This resulted in a reduction of seats for a new total of 1,134 seats. Sufficient parking is provided on-site, with shared off-site parking in the adjacent Block 200 Newport Center Drive, and shared off-site parking in the adjacent Block 300 Newport Center Drive. A detailed parking discussion is provided after the Police Department Considerations below. DISCUSSION Consistency with General Plan and Zoning Code The site is designated Regional Commercial Office (CO-R) by the General Plan Land Use Element and Office Regional Commercial (OR) by the Zoning Code. These designations are intended to provide fora wide variety of office uses to serve local and regional markets with accessory commercial including entertainment uses. The existing theater, with daily movie screenings is consistent with these land use designations. The proposed alcohol and food service is accessory to the primary theater use. The Zoning Code requires a conditional use permit (CUP) for food service uses with late hours. Additionally, pursuant to NBMC 5.25, the operation requires the owner/operator to file for an Operator's License approved by the Police Department. Police Department Considerations Police Department comments on the proposed project and a summary of alcohol-related statistics from 2015 are provided in Attachment No. PC 5. The Police Department notes that this will be the applicant's second theater location within Newport Beach which serves alcohol. Island Cinema in Fashion Island gained approval of alcohol sales in 2012 and the Police Department has not experienced any significant problems due to alcohol sales. The Police Department has no objections to the proposed application with the recommended conditions found in Attachment No. PC 5 and included in the Draft Resolution in Attachment No. PC 1. Alcoholic beverage service will be conditioned to be provided with a full service menu and will be limited to a two alcoholic beverage maximum per transaction and customer. 6 Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 5 The establishment is located within Police Department Reporting District (RD) 39, which includes the area square in shape, bordered by Jamboree Road, San Joaquin Hills Road, MacArthur Boulevard, and East Coast Highway. The area includes all of Fashion Island Mall. For a Reporting Districts map, see Attachment No. PC 6. RD 39 has 66 active ABC licenses and total per capita ratio of 1 license for every 13 residents. Newport Center and Fashion Island are located in RD 39. The area serves Newport Beach as an entertainment district and tourist destination with numerous restaurants and hotels that serve alcohol. Recently, the Villas at Fashion Island have been constructed introducing additional residential units to the RD which will raise the resident population and therefore increasing the per capita ratio. In 2015, RD 39 had a total of 478 reported crimes with the majority of the crime being theft at Fashion Island and 25 percent of the arrests were directly related to alcohol. The adjacent Reporting Districts, provided as comparison in the Police Department Statistics, are RD 43, RD 44, and RD 47, which are predominately residential areas and have crime associated with residential burglary and automobile theft. Existing Parking Table 1 describes the existing on-site and off-site parking for the Theater. Pursuant to Use Permit No. 1527, the daytime use (prior to 5:30 p.m. M-F) is limited to 1,250 seats and a minimum of 250 parking spaces (prior to the remodel that reduced the seats) are required. Therefore, the daytime parking of 252 spaces as shown in Table 1 is sufficient for the daytime use of all six auditoriums and 1,134 seats. Also, pursuant to Use Permit No. 1527, after 5:30 p.m. and on the weekends the parking requirement is 1 space per 3 seats or 378 spaces (1,134 /3). The existing parking allocations and off-site parking agreements are not changing with the proposed alcohol service. The parking has proven sufficient and the existing conditions regarding the parking will be transferred to this CUP. A map showing the existing parking areas in Table 1 is found in Attachment No. PC 6. Table 1 Existing Parking On-Site Block 300 Block 200 Total Parking Off-site Off-site spaces Parking Spaces spaces Daytime 252 0 0 252 Evenings & 252 139 54 445 Weekends Evenings begin after 5:30 p.m. Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 6 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. 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 Theater is located within RD 39, which includes the area bordered by Jamboree Road, San Joaquin Hills Road, MacArthur Boulevard, and East Coast Highway. The area includes all of Fashion Island Mall and Newport Center. The crime rate for RD 39 is 23,803.97 Part 1 crimes per 100,000 persons, which is greater than adjacent, primarily residential Reporting Districts and the City-wide average. The higher number of crimes and arrests in RD 39 compared to adjacent RDs is due to the high concentration of commercial land uses in the area, especially the Fashion Island Mall which attracts high volumes of residents and visitors to this area. The majority of the crimes are retail theft related to Fashion Island. The adjacent RDs are predominately residential uses. The Theater is located on Newport Center Drive, surrounded by commercial and office uses and is a destination point across from Fashion Island. It does not abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. 7 Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 7 The proposed use is not located in close proximity to residential districts, day care centers, park and recreation facilities, places of religious assembly, or schools. The theater is different from other establishments selling alcoholic beverages as the alcohol sales are accessory to the primary theater use. The Police Department has reviewed the Use Permit application and recommended conditions of approval to ensure the design and security of the movie theater are properly addressed. 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. 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 CUP for alcohol sales, as demonstrated in the draft Resolution (Attachment No. PC 1). The General Plan Land Use Element and Zoning Code designate the subject property as Regional Commercial Office (CO-R) and Office Regional Commercial (OR)which are intended to provide for a wide variety of office activities to serve local and regional needs. The existing theater is consistent with these designations as it offers entertainment with daily movie screenings that serve local and citywide residents and visitors. The allowed uses in the vicinity include retail sales, personal service, office, and restaurant uses. The existing theater and the proposed accessory alcohol service in conjunction with food are consistent and compatible with these land uses. The applicant has operated Island Cinema with alcohol sales in Fashion Island since 2012 with no significant issues related to the alcohol sales. A security plan would be reviewed and 2 Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 8 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). 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 with nominal physical changes to the existing theater or property. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days 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. Preparedeby: Submitted by: "'-� *aWisnes Melinda Whelan , ICP, Deputy Director Assistant Planner 9 Big Newport 6 Alcoholic Beverage Control License Planning Commission, April 6, 2017 Page 9 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Existing Conditions of Use Permit No. UP1527 PC 4 Applicant's Project Description and Food Menu PC 5 Police Department Report and Statistics PC 6 Existing Parking Map PC 7 Project plans 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 V� QP �P 2� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH SUPERSEDING USE PERMIT NO. UP1527 AND APPROVING USE PERMIT NO. UP 2016-003 FOR THE ADDITION OF A TYPE 47 (ON-SALE GENERAL) TO AN EXISTING MOVIE THEATER LOCATED AT 210 AND 300 NEWPORT CENTER DRIVE (PA2016-020) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Edwards Theatres, Inc. ("Applicant'), with respect to property located at 210 and 300 Newport Center Drive, and legally described as Parcel 1 and Parcel 2 of Lot Line Adjustment No. LL 88-6 recorded requesting approval of a Conditional Use Permit. 2. The applicant proposes a Type 47 (On-Sale General) accessory use to the existing Big Newport 6 Movie Theater. The hours of operation will remain from 10:00 a.m. until 1:00 a.m., daily. Implementation would include minor physical changes to the existing theater to accommodate the alcohol service in conjunction with food service. Pursuant to Newport Beach Municipal Code ("NBMC) Chapter 5.25, the operation as described requires the owner/operator to file for an Operator License approved by the Police Department. An Operator License application is being reviewed concurrently by the Chief of Police, pursuant to NBMC Chapter 5.25 3. The subject property is located w * the Office Regional Commercial (OR)Zoning District and the General Plan Land Use Element category is Regional Commercial Office (CO-R). 4. The subject property is cated within the coastal zone. 5. The existing Big Newport 6 Movie Theater operates pursuant to Use Permit No. UP1527, the existing Conditions of Approval for Use Permit No. UP1527 have been consolidated and transferred into this amended Use Permit No. UP2016-003. 6. A public hearing was held on April 6, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, California Code 13 Planning Commission Resolution No. #### Page 2 of 12 of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The proposed application involves the addition of on-site alcoholic beverage service within an existing theater with nominal physical changes to the existing theater or property. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with NBMC Subsection 20.48.030©(3) (Alcohol Sales) and NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code ("NBMC"), the following findings and facts in support of the findings are set forth: Finding A. The use is consistent with the purpose and i nt of NB Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding 1. The purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol sales establishments. The service of alcoholic beverages is intended for the convenience of patrons attending the movie theater. Operational conditions of approval recommended by the Police Department relative to the sale of beer and wine will ensure compatibility with the surrounding uses and minimize alcohol related impIcts. 2. Due to the high concentration of commercial land uses, the calls for service, crime rate, and number of arrests are greater than adjacent reporting districts containing residential uses. This area of Newport Center, across from Fashion Island does not abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. The existing theater is not located in close proximity to residential districts, day care centers, park and recreation facilities, places of religious assemblyor schools. The Police Department has reviewed the Use Permit application and recommended conditions of approval to ensure that the design and security of the movie theater are properly addressed. 3. Several restaurants and hotels in Newport Center and Fashion Island provide alcohol service as an amenity to customers. The number of alcohol licenses and the type of alcohol service proposed is typical and expected to be found at a regional mall area. 4. The movie theater does not have any current objectionable conditions. 01-03-17 �1 Planning Commission Resolution No. #### Page 3 of 12 5. The provision of food service and alcoholic beverages sales will not substantially change the operational characteristics of the movie theater. 6. The existing movie theater is an allowed use in the Office Regional Commercial (OR) Zoning District. The on-site consumption of alcoholic beverages provides a public convenience by allowing the sale of alcoholic beverages in conjunction with food service and other concession items offered for sale. Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The General Plan Land Use Element designates the subject property as Regional Commercial Office (CO-R), which is intended to provide for a wide variety of office uses to serve local and regional markets with accessory commercial including entertainment uses. The existing theater is consistent with the CO-R land use designation as it offers daily movie shows that serve local and citywide residents alid visitors. The addition of alcohol service is accessory to the existing theater use and is consistent with the General Plan. 2. The existing movie theater is consiste7'p eneral Plan Anomaly 37, which limits the Theater to 2,050 movie seats. The er currently provides 1,134 seats. 3. The subject property is not part of a slan area. Finding C. The use is allow thin applicable zoning district and complies with all other applicable provisions i oning Code and the Municipal Code; Facts in Support of Finding 1. The zoning designation for the subject property is Office Regional Commercial (OR), which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing theater is consistent with the OR Zoning District as it offers daily movie shows that serve local and citywide residents and visitors. The addition of alcohol service is accessory to the existing theater and is compatible, as conditioned, with the land uses allowed within the OR Zoning District and surrounding neighborhood, such as office, retail, restaurant and various service uses. Alcohol sales in conjunction with food service and late hours is an allowed use upon the approval of an CUP. 2. The existing theater operates pursuant to Use Permit No. UP1527. This CUP is for the addition of a Type 47 (on-sale general for bona fide public eating place) ABC License as 01-03-17 15 Planning Commission Resolution No. #### Page 4 of 12 an accessory use to the existing theater. The existing Conditions of Approval for Use Permit No. UP1527 have been consolidated and transferred to this Use Permit. 3. Sufficient parking is provided per the Conditions of Approval and the parking requirement does not change with the addition of the Type 47 ABC license. 4. The proposed project is consistent with the provisions within Section 20.48.030 (Alcohol Sales) of the Zoning Code. 5. The project has been conditioned to limit objectionable conditions resulting from the service of alcohol at movie shows and is required to comply with all applicable Municipal Code regulations. 6. Due to the alcohol sales and late hours of operation, ap royal of an Operator License by the Newport Beach Police Department is required, an o-ator License No. OL2016-002 is being reviewed concurrently by the Chief of Polic uant to NBMC Chapter 5.25. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity,- Facts icinity,Facts in Support of Finding 1. A movie theater has operated at'this location since 1969 and the use has not proven detrimental to the area. The movie theater has provided various food concessions however; they will expand theirnu to provide a full food service menu with the alcohol service. 2. The service of alcohol will remlan restircted to between the hours of 10:00 a.m. and 1:00 a.m., daily, consistent with the existing use permit for the theater. Alcoholic beverage service is conditioned tbrbe served with a full food service menu and is limited to a maximum of two beverages during a single transaction and two per patron per screening. 3. The movie theater is located across the street from Fashion Island in a regional commercial/office area near Newport Center. Alcohol sales will be available at the main concession stands in each of the lobbies in the two theater buildings. Based on demand, the theater may also provide the option to order food and alcohol from a server within all six of the theater auditoriums. 4. No residential zoning districts, or other incompatible land uses, are located within the immediate vicinity of the theater. The closest residential uses are located far enough from the theater to avoid any potential land use conflicts from patrons leaving the theater. 5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including the preparation and implementation of a 01-03-17 10 Planning Commission Resolution No. Ott Page 5 of 12 security plan reviewed and approved by the Police Department, will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure that the business remains a theater and does not become a bar, club, or tavern. 6. The Theater must comply with the requirements of the California Building Code, Orange County Health Department, and Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities, and Facts in Support of Finding 1. The project site is located within an existing tater buil . The lobbies and seating areas are designed for food and beverage,service. 2. Adequate public and emergency vehicle access, public services, and utilities area provided within the existing infrastructure. There are existing courtyards and interior walkways that connect all lobbies and auditoriums. The office area is surrounded by parking areas on all sides ex opt for the one street frontage along Newport Center Drive, across from Fashion IsIan Finding F. Operation of the use at the locatio proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The operator is required to implement a security plan that has been approved by the Police Department. 2. The proposed alcohol service is provided as a public convenience to movie theater patrons. The service of alcoholic beverages will provide an economic opportunity to maintain a successful business at this location in a way which best serves the quality of life for the surrounding community. 01-03-17 27 Planning Commission Resolution No. #### Page 6 of 12 3. The hours of operation will be limited to between 10:00 a.m. and 1:00 a.m., daily. 4. The proposed alcoholic beverage service will not change the principal movie theater use. 5. Sufficient parking is provided on-site and through existing off-site parking agreements. The addition of alcohol service will not change the existing parking. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2016-003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP1527 and all Amendments. Upon vesting of the rights authorized by this Use Permit No. UP2016-003, Use Permit No. 1527 and all Amendments shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 6t" DAY OF APRIL, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 01-03-17 12 Planning Commission Resolution No. Ott Page 8 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-003 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Subsection 20.54.060(A)(1), unless an extension is otherwise granted. 3. Should the Type 47 alcohol license be transferred, any future license holders, operator or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. Future licensees, operators or assignees shall submit, within 30 days of transfer of the alcohol license, a letter to the Planning Division acknowledging their receipt and acceptance of the limitations;restrictions and conditions of approval of this use permit. 4. The approval is only for the sale and service of alcoholic beverages incidental to the theater use. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 47 (On-sale General) in conjunction with the movie theater as the princuse the fility. 5. Concurrently with this application, an Operator License is being reviewed by the Chief of Police. Implementation of this use permit shall not commence prior to final approval of the Operator License. 6. The alcoholic beverage sales concessions shall be limited to a maximum of two concession areas, one in each theater building and shall be used in conjunction with the related food service concession.Any change in the operation of alcoholic beverage service or increase in the counter space devoted to alcohol sales shall be subject to the approval of an amendment to this Use Permit issued by the Planning Commission. 7. All sales or service of alcoholic beverages in the licensed premises shall be made only from the concession bars or servers. 8. During the period of time from the initiation of seating until the completion of the feature presentation, ambient lighting in the auditoriums shall remain at a level sufficient enough to allow a reasonable person to observe patrons who may be consuming alcoholic beverages. 9. Food service from the regular menu must be made available to patrons during all open hours. 01-03-17 29 Planning Commission Resolution No. #### Page 9 of 12 10. There shall be no exterior advertising or signs of any kind or type, including advertising direct to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 13. This Use Permit may be modified or revoked by the Planning Commission if determined that the proposed use or conditions under which it is eing operated or maintained is detrimental to the public health, welfare or m ially injurious to property or improvements in the vicinity or if the property J011114Lerated or maintained so as to constitute a public nuisance. &A 14. A minimum of 250 parking spaces shall be provided foNthe aytime matinees (Monday through Friday, before 5:30 p.m.)for both theaters at 210 and 300 Newport Center Drive. 15. A minimum of one parking space for each 3 seats shall be provided for both theaters at 210 and 300 Newport Center Drive on weekday evenings beginning at 5:30 p.m., and on Saturdays and Sundays and recognized holidays. 16. The off-site parking shall be provided per the existing recorded off-parking agreements found in the Title Report for the subject properties. Upon notification that the agreement for the required off-site parking has terminated or access to those spaces is no longer available, the Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking *provided that is acceptable to the Community Development Director; or b. The size or capacity of theater use is reduced in proportion to the parking spaces lost. 17. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 18. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The exemption provided in NBMC Subsection 10.26.035(L) shall not be applicable to noise generated on the subject property. 19. Should the property be sold or otherwise come under different ownership, any future 01-03-17 20 Planning Commission Resolution No. #### Page 10 of 12 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 20. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 21. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 22. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 23. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either full self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed fully by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 24. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of CommOeof lopment, and may require an amendment to this Use Permit. 25. Storage outsideng in the front or at the rear of the property shall be prohibited, with ththe required trash container enclosure. 26. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 27. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including 01-03-17 21 Planning Commission Resolution No. #### Page 11 of 12 without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Big Newport 6 Movie Theater Alcoholic Beverage Control License including, but not limited to, PA2016-020 for Use Permit No. UP2016-003. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 29. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage dispensing applications shall comply with California Fire Code (CFC) Sections 5307.2 through 5307.5.2. ®`, 30. As per CFC Sections 5307.5 carbon dioxide storagetaTiks, cylinders, piping and equipment located indoors where a leak of carbon dioxide can collect shall be provided with either ventilation in accordance ith CF Section 5307.5.1 or an emergency alarm system CFC Section 5307.5.2. Police Department Conditions &V%L 31. There shall be no dancing allowed on the premises. 32. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing bodjrwhich the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 33. Approval does not permit the premises to operate as a "bar, tavern, cocktail lounge or nightclub": as defined by the Newport Beach Municipal Code. 34. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 35. Alcohol beverage sales shall cease at 1:00 a.m. daily. 01-03-17 22 Planning Commission Resolution No. Ott Page 12 of 12 36. All sales or service of alcoholic beverages in the licensed premises shall be made only from the areas specifically licensed by the Department of Alcoholic Beverage Control, or by trained servers within the general spectator areas. The alcohol beverages must be personally delivered to the patron by the employee who took the order. 37. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during a single transaction. The delivery of alcoholic beverages to patrons inside the auditoriums shall be limited to two (2) per patron per screening. 38. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. Orders from patrons seated in theater seats must be made to the server serving that area and the alcoholic beverages ordered must be personally delivered to the patron by the server who took the order. 39. Servers shall not carry a supply of unordered alcoh beverages. "Hawkers" shall be prohibited. 40. Food service from the regular menu must be de available to patrons during all hours of alcohol service. 41. There shall be no reduced price alco lic bev a promotions. 42. The quarterly gross sales of alcoholi be_ shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 01-03-17 23 V� QP �P Attachment No. PC 2 Draft Resolution for Denial 25 V� QP �P RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING USE PERMIT NO. UP 2016-003 FOR THE ADDITION OF A TYPE 47 (ON-SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACE) TO AN EXISTING MOVIE THEATER LOCATED AT 210 AND 300 NEWPORT CENTER DRIVE (PA2016-020) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Edwards Theatres, Inc., with respect to property located at 210 and 300 Newport Center Drive, and legally described as Parcel 1 and Parcel 2 of Lot Line Adjustment No. LL 88-6 recorded requesting approval of a Conditional Use Permit. 2. The applicant proposes a Type 47 (on-sale general for bona fide public eating place) accessory use to the existing Big Newport 6 movie theater. The hours of operation will remain from 10:00 a.m. until 1:00 a.m., daily. Implementation would include only minor physical changes to the existing theater to accommodate the alcohol service in conjunction with food service. Pursuant to NBMC 5.25, the operation as described requires the owner/operator to file for an Operator License approved by the Police Department. An Operator License application is being reviewed concurrently by the Chief of Police, pursuant to Municipal Code Chapter 5.25 3. The subject property is located within the Office Regional Commercial (OR)Zoning District and the General Plan Land Use Element category is Regional Commercial Office (CO-R). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 6, 2017, in the Council Chambers at 100 Civic Center Drive, Newport Beach at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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. SECTION 4. DECISION. 2� Planning Commission Resolution No. #### Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Use Permit No. U P2016-003. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. Use Permit No. UP1527, remains in effect. PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF APRIL, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 01-03-17 �g Attachment No. PC 3 Existing Conditions of Use Permit No. U P 1527 29 V� QP �P 30 u CO`MMOSIONSKS • ',j , • MINUTES 9 b CITY OF NEWPORT BEACH Sul' 1994 ROLL CALL INDEX further,that the proposedmodircation to ilia Zoning Code, so aas to permit the use of compact size parking spaces for a portion of the required off-street parking, is consistent with the legislative intent of Title 20 of the Municipal _ Code, CONDIDON5: 1, That development shall be in substantial conformance with the approved plot plan, floor plaits, and elevations except as noted In the following conditions: 2. That all conditions for Use Permit No, 1347 and Use Permit No. 1527, and Use Permit No. 1527 (Amended) shall remain In full force, 3. 'That daytime matinees in the permitted theaters in Blocks 200 and 300 shall be limited to a maximum of 1,250 seats -prior to 5:30 p.m„ Monday through Friday, except for recognized holidays, A minimum of 250 offslrcet parking spaces Shull be provided for Ilia limited scaling, A Special Events Permit shall be required for any lectures or other events that exceed 1,250 seats in the theater complex during the hours of operation noted above, 4. That a minimum of ane parking space for each 3 seats(299 parking spaces) shall be provided for the subject theaters on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that during such times the maximum number of theatre scads shall be 897 seals (Block 200). 5, not a continuous, permanent barrier, at least 30 inches high shall be constructed between the off-site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross of existing Intersections. let Ilse case of a plant barrier, the plants shall be a minimum of 30 inches high and 30 Inches across shall be •30- Or 31 c®fl(trvFIBBIorvz,RB • • MINUTCS I Y.LGP MF�oi o��� y CITY OF NEWPORT BEACH —— July 1994 RML CALL ttvnex established between the off-site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. 6. That the on-site vehicular and pedestrian circulation systems shall be approved by the City Traffic Engineer. 7, Tliut all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic 8ngincer if located adjacent to any vehicular Ingress and egress, except as noted In the following conditions of approval. 9. 7liat amended off-site parking arrangements shill be approved by the City Council guaranteeing that the following off-site parking location shall be provided to (lie subject theatre: a, parcel 3 of Parcel Map 93.106 (Resubdivision No. 997) located In the common parking lot bounded by Newport Center Drive, Anacapa Drive, Farallon Drive and Block 300 Theater Plaza. Said parking shall be for the exclusive use of the theatre and shall provide a minimum of 299 parking spaces. 9, Ilial the applicant shall obtain the approval of a Resubdivision, a Lot LJne Adjustment, or a Waiver of a Parcel Map, so as to establish u legal building site for the proposed theater addition,prior to the issuance of building permlb unless the building Is redesigned to meet the Ordinance requirements. 131- a� `I' • l`Y 11'�.!•' 'ass>toNeRs • MINUTES 0 CITY OF NEWPORT BEACIi Jul 7 1994 )LL CALL INDEX 10. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 11. That a grading plan, if required, shall Include a complete plan for temporary and permanent drainage facilities, to minimize any potential Impacts from silt,debris, and other water pollutants. 12, The grading perntil shall Include,If required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimirc Impact of haul operations. 13. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 14. T}nt grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soll engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic Investigation of lite site, Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to lite Building Department, 15. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 16. 11ra1 prior to the Issuance of building permits, the pare Department shall review the proposed plans and may require automatic fire sprinkler protection. 17, That all access to the buildings be approved by the Fire Department. -32- v . 33 COMA318610NL'RB • MINUTG8 C><TY OF NEWPORT BEACH Iuly 1994 Gptt INDEX 18. Ilial all applicable conditions of approval of Resubdivislon No. 997 shall be fultilted. 19, 'flan disniptlon caused by work along roadways and by the movement of construction vehicles shall he minimized by prolier use of traffic control equipment and flagman. '!'raffle control and transportation of equlpmenl and mnleriais shall lie conducted In accordance with stale and local requirements, 'Mere shall be nu construction stunagc or dclivcry of materials within ilia Newport Center Drive Righl•of-Way. 20. I1mt any sign shall be set buck from the Newport Center Drive public sidewalk in order to provide adequme sight distance in confordtunce with the City's Sight Distaince Standard 110•L. 21. Tltttt handicap access shall he provided through the entry driveway median on Newport Center Drive and ilia design shall he approved by Iiia Public Works Department. That all work shall he completed prior to occupancy of the new theaters. 22. Thur all improvements be constructed as required by ordinance and the Public Works Deparhnenl, 23. Thut the Planning Commission may add to or modify conditions of approval to this use permit,or recommend to the City Council tine revocation of this use permit, upon o determination that the operation which Is ilia subject of Ibis use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 24. This use permit shut( expire allies$ exercised within 24 months from the Jute of approval as specified In Section 20.80,090 A of the Newport Dench Municipal Code. •33- d� 31{ Attachment No. PC 4 Applicant's Project Description and Food Menu 35 V� QP �P 3C t. At GA L ENTERTAINMENT GROUP' RE(7AL wm cDwARDs' CIN L•A1AS IxBu MA, REGAL THEATERS—BIG NEWPORT 6 300 NEWPORT CENTER DRIVE,NEWPORT BEACH, CA Regal Entertainment Group operates Regal Cinemas, Edwards Theaters, and United Artist Theaters, the largest and most geographically diverse theater circuit in the United States, consisting of more than 570 theatres in 42 states. The traditional pairing of dinner and a movie has evolved into dinner and drinks with a movie. The desire for this upscale movie experience has rapidly expanded across the country as theaters cater to adults looking for an exceptional big screen theater experience. With the myriad of entertainment options now available at home, offering meals along with a glass of beer or wine allows theater operators to attract audiences mainly in the 30 to 45-year-old range and provides an ultimate hospitality experience that keeps people coming back. Regal attributes this success to the high-end nature of the pairing of alcoholic beverages, food, and movies. Simply put,the costs of a movie ticket and the premium paid for theater food and beverage concessions including alcoholic beverages, caters to responsible patrons looking for an upscale theater experience that results in moderation,not overconsumption. The Regal policies ensure that alcohol service and monitoring is diligent and that there is no disruption to our theaters, guests, or the surrounding community.Regal knows that all of its guests have more entertainment choices than ever. These guests have spent their hard earned money to enjoy a movie at Regal and won't tolerate any behavior or alcohol-related disruption that interferes with their movie experience. Justification and findings 1. The use is consistent with the General Plan and any applicable specific plan. The subject property is located within the Office Regional Commercial (OR)Zoning District and the General Plan Land Use Element category is Commercial Office District. The subject property is not located within the coastal zone. The theater use is consistent with that designation as it is a supporting use that is integrated as part of a retail commercial center, an allowed use under the OR designation. The food and alcohol concessions for the movie theater are compatible with the existing and allowed land uses at the subject location. S The theater has already established itself as an entertainment destination by providing patrons with upscale/luxurious movie screenings and extensive food options. The upscale theatre with alcohol and food service will ensure Big Newport 6 remains a premiere theater destination. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Big Newport 6 was established in 1969. The current Zoning is OR(Office—Regional) Zoning District. The OR Zoning District is intended to provide for areas appropriate for corporate offices, administrative and professional offices that serve local and regional markets,with limited accessory financial,retail, service,and entertainment uses. This Zone is intended to be a vibrant commercial center with a wide variety of businesses that serve visitors,residents, and employees of the area. The proposal to offer alcoholic beverage service at the movie theater is compatible with other uses within the Zoning District. 3. The design,location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. This Application is for the addition of alcoholic beverage sales at an existing theatre. Big Newport has proven to be a compatible business for this community and is not a detriment to the other uses in the vicinity. Regal has been at the forefront of upgrading the theater experience across the nation. Currently Regal operates theaters throughout the country, some which offer a selection of alcoholic beverages in theaters with mixed aged patrons. Regal has offered alcoholic beverages at its other Newport Beach location (Islands 7) since 2012 as well as in other states with great success and without the problems that can happen at hospitality businesses that are not properly managed. Regal is proposing to serve alcoholic beverages to its guests in conjunction with a Type 47 ABC license (on-sale general public eating place). Movies are typically shown 11:30 a.m.to 1:00 a.m., but may be earlier or later for special events and premiers.There are no residential properties, or other incompatible land uses,within the immediate vicinity of the theater. The conditions of approval and the Regal policies described in detail in the Project Description will ensure that there is no disruption to our theaters, guests, or the surrounding community. In addition, Regal has a comprehensive alcohol policy which oversees all aspects of alcohol sales, service and consumption. 4. The site is physically suitable in terms of design,location, shape,size, operating characteristics, and the provision of public and vehicle(e.g.,fire and medical)access and public services and utilities. The project site is located within an existing movie theater building. The lobby and theater screening rooms are designed and developed for food and beverage service. 38 Adequate public and emergency vehicle access,public services,and utilities are provided within the existing infrastructure. S. 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. The primary use of the premises shall be a movie theater. Regal will serve food in conjunction with the service of alcohol consistent with a Type 47 (on-sale general for bona fide public eating place license). This is the same type of alcohol license used by restaurants that serve alcohol to patrons in conjunction with food services. Regal has a track record of responsibly serving alcoholic beverages at its Islands 7 Newport Beach location since 2012. Regal's operating policies for the Responsible service of alcoholic beverages and the conditions of approval will ensure the proposed alcohol sales of the existing Big Newport b Theater will not be detrimental to the harmonious and orderly growth of the City,nor endanger,jeopardize, or otherwise constitute a hazard to the public convenience,health, interest, safety or general welfare of persons residing or working in the neighborhood of the proposed use. Instead, Regal believes the requested operational changes will benefit the community. 3J° 4eu BY CIZ OIA-4LGAL G \MM�N�S'I G TR O UF VEC ERTAINMENTO p 1.ti0�6 n REGAL l IM,S4 ICWARDI' pgVl_VQ? `N�O�� QNl:MAS ThNrta. exaa+nax � °�''of 0004 PROJECT DESCRIPTION Regal Theatres is requesting a Conditional Use Permit to allow the on-site sale of a full line of alcoholic beverages(ABC Type 47)for the Big Newport 6 Cinema located at 300 Newport Center Drive. The Applicant does not propose any changes to the existing parking area or other site renovations with this application.There are no changes or amendments requested for the existing Use Permit No. 1527. General Operations The primary use of the premises shall be a movie theater. Regal will serve food in conjunction with the service of alcohol consistent with a Type 47(on-sale general for bona fide public eating place).This is the same type of alcohol license used by restaurants that serve alcohol to patrons in conjunction with food service. Policies Regarding the Service of Alcoholic Beverages and Security.Provisions Training Employees(referred to as"Cast Members") selling or serving alcoholic beverages must complete a Responsible Beverage Server Training course through Regal Online University(ROU). Cast members must be 18 years of age or older to sell alcoholic beverages. Alcohol Purchases Cast Members are trained to request identification from each guest purchasing alcohol regardless of their age. Identification must be shown with each purchase. Guests cannot purchase alcohol for other guests- unless each guest is at the register and has provided proper identification. Alcohol is sold in clear plastic cups that are clearly distinguishable from the other non-alcoholic drinks available for purchase. Guest Issues and Monitoring Cast members regularly conduct auditorium checks to ensure all theater guests are acting appropriately at all times. Guests may not exit the theatre premises with alcoholic beverages. Although it has not been an issue at the Regal Theaters currently serving alcoholic beverages, Managers are trained to take corrective action and escort any guest out of the theater who is acting inappropriately or if Theater Staff suspects a minor is consuming alcoholic beverages.Again,this type of behavior has not been a problem because of Regal's policies to prevent it. Volunteered Conditions Regarding the Service of Alcoholic Beverages (To be made part of CUP and/or ABC License) 1. No person under the age of 18 shall sell or serve alcoholic beverages. 2. The gross annual sales from alcoholic beverages shall not exceed 50% of the total gross annual sales. (This is consistent with an ABC bona fide eating place license where food sales must exceed alcohol sales.) PA2016-020 for UP2016-003 OL2016-002 300 Newport Center Drive Edwards Theatres, Inc. 40 3. Sales of alcoholic beverages for consumption off the premises are prohibited. 4. All managers and employees involved in the sale or service of alcoholic beverages shall enroll hi and complete a Responsible Beverage Service training program. 5. All sales and service of alcoholic beverages for consumption in the general spectator seating areas shall be made only from concession stands,portable stands or bars,or fixed bars,and shall not be sold, served,or delivered to customers by individual ambulatory vendors, commonly known as"hawkers". 6. Notwithstanding condition#5,above,alcoholic beverages may be sold or served by waiters or waitresses in the general spectator seating areas under the following conditions: • Orders from patrons seated in these theaters must be made to the waiter or waitress serving that area,and the alcoholic beverages must be personally delivered to the patron by the waiter or waitress who took the order. o The waiter or waitress serving in the theaters shall not carry a supply of unordered alcoholic beverages. 7. No more than two(2)alcoholic beverages shall be sold or served to any one(1)person during a single transaction.The delivery of alcoholic beverages to patrons inside the auditoriums shall be limited to two(2)per patron per screening. 8. Alcoholic beverages sball be served in non-glass containers which significantly differ in appearance from those containers utilized for non-alcoholic beverages. 9. At all times when the premises is exercising the privileges of their license,an employee of the promises shall enter and monitor the activity within the theaters on a regular basis, but no less than once every 30 minutes. 10. Lighting shall remain at a level sufficient to allow Theater Staff to observe patrons who may be consuming alcoholic beverages. 11. Applicant shall post clearly visible signs that read,"No Alcoholic Beverages Beyond This Point"at all exits. Scone of Work As shown on the plans,the proposed project consists of a 170 square feet remodel of a portion of the existing Lobby 1 concession stand,located in the Auditorium 1 building.This will include the demolition of a portion of the existing front and rear concession stand and provide a new bar front and back counter, as well as new bar equipment. Site renovations consist of the addition of a new 42 inch tall metal gate and guard rail pedestrian harrier system to enclose the patron walkway and guide circulation from upper level lobbies to lover level lobby in compliance with the volunteered conditions of this conditional use permit application. The Applicant does not propose any changes to the existing parking area or other site renovations with this application.There are no changes or amendments requested for the existing Use Permit No. 1527. 41 ISLAND CINEM FASHION ISLAND ® NEWPORT BEACH SNACKS&APPETIZERS Island Cinema Popcorn Sm 6 Med 7 Lg 8 Popcornopolis(kettle or caramel) 7 Fresh-Baked Soft Pretzel 5 Hummus(original or red pepper)&Pita Chips 5 Organic Chips,Salsa,&Queso Blanco 7(w/Guacamole 9) Cheese&Crackers Tray 8.75 Veggie Tray 7 Vegetarian Spring Rolls 6 Odwalla Food Bars(Berries Go Mega,Banana Nut,Chocolate Chip Peanut) 4 Candy Sm 3.50 Med 3.75 Lg 4 OM Snacks 5.75 SPECIALTY ITEMS Italian Pizza(four cheese,pepperoni,or supreme) 7.5 Quiche(spinach or cheese) 7 Macaroni N'Cheese 6.5 Smoked Chicken Quesadilla 8 Cheese Quesadilla 7 Beef Hot Dog 5 Bratwurst 5 SOUPS&SANDWICHES (all sandwiches and wraps served with sea salt kettle chips) Turkey Wrap(w/avocado,lettuce,&tomato) 9 Grilled Chicken Sandwich(w/avocado,lettuce,tomato,&cheddar cheese) 9 Chipotle Chicken Panini(w/tomato,shredded cheese,cilantro,&chipotle aioli) 9.5 Turkey&Avocado Panini(w/tomato&shredded cheese) 9.5 Veggie Wrap(w/black beans,corn,bell peppers,&broccoli on a sundried tomato tortilla) 8.5 Soup(chicken noodle or chicken tortilla) 6 Chili 5.5 DESSERTS Lemon Crumb Bar 5.5 Cheesecake(blueberry,marble chocolate,or creme brulee) 8 Peanut Butter Brownie Stack 8 Brownie Brittle(original or toffee crunch) 5.75 Truffles(milk chocolate,dark chocolate,or white chocolate) 7.5 Cookie(chocolate chunk or rocky road) 4 Hand Scooped McConnell's Ice Cream(12 flavors available) 5.5 Ice Cream Sundae(tz flavors available)7.5 Affogato 6.5 BEVERAGES Bottled Water:Dasani 5.25 Smartwater 5.75 Bottled Beverages:Vitamin Water 5.z5 Fuze 5.75 Odwalla 6 Honest Tea 5.75 Simply Juices 4.75 Zico Coconut Water 5.75 Sparkling Water(Perrier Original or Perrier Citron) 5 Soda(assorted flavors) Sm 4.75 Lg 5.5 Hot Chocolate 3.50 Mocha 5 Specialty Italian Coffee(latte,espresso,or cappuccino) 4 Specialty Tea(ask service staff for todays selections) 3.5 ISLAND C . FASHION ISLAND © NEWPORT BEACH CHAMPAGNE/SPARKLING WINE Veuve Clicquot,'Yellow Label',Reims 19 Moet&Chandon,Imperial Rose 18 Gosset,Brut Excellence 15 Schramsberg,Brut 9 MIMOSA 10 CHARDONNAY Girard,Russian River Valley 10 Jordan,Sonoma County 15 Ferrari-Carano,Alexander Valley u PINOT GRIGIO/PINOT GRIS Cline Cellars,Pinot Gris 9 Ferrari-Carano Winery,Pinot Grigio,Russian River Valley 10 SAUVIGNON BLANC/FUME BLANC Ferrari-Carano,Fume Blanc,Sonoma County 9 Honig,Sauvignon Blanc,Napa Valley 8 Duckhorn,Sauvignon Blanc,Napa Valley u PINOT NOIR Kenneth Volk,Santa Maria 1z Summerland'Bien Nacido Vineyard',Santa Maria 11 Calera,'Ryan',San Benito County 14 MERLOT/SYRAH Parcel 41,Merlot,Napa Valley 8 Meyer Family Syrah,Napa Valley 10 CABERNET SAUVIGNON Ferrari-Carano,Alexander Valley 14 B.V.'Tapestry',Rutherford 18 St.Supery,Napa Valley 1z Trefethen,Oak Knoll District 19 Honig,Napa Valley 14 PORT Graham's Malvedos 2oo9 Vintage zo Graham's Six Grapes Reserve 10 Ramos Pinto Quinta Ervamoira ro-Year Tawny 14 BEER On Tap:Great White,Stone IPA,Stella Artois,Pyramid Hefeweizen,312 Urban Wheat,Pacifico, Ballast Point Pale Ale,Lost Coast Tangerine Wheat 7 Pranqster,Allagash White,Cistmontane Holy Jim 8 Domestic:Sam Adams,Anchor Steam,Fat Tire,O'Doul's N/A 7 Imported:Guinness,Amstel Light,Heineken,Beek's N/A 8 Prices subject to change without notice. V� QP �P Attachment No. PC 5 Police Department Report and Statistics 45 V� QP �P NEWPORT BEACH POLICE DEPARTMENT ORrBE � eou DETECTIVE DIVISION MEMORANDUM TO: Melinda Whelan, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: January 25, 2017 SUBJECT: Big Newport 6 Cinema 300 Newport Center Drive Use Permit No. UP2016-003 (PA2016-020) Operator License No. OL2016-002 At your request, the Police Department has reviewed the project application to add alcohol sales, specifically a Type 47 (On-Sale General) Alcoholic Beverage Control License, to an existing Use Permit at 300 Newport Center Drive. The applicant currently operates the theater from approximately 11:30 a.m. through 1:00 a.m. daily, and is limited to 1,134 seats. The theater will be required to apply for an Operator License issued by the ,Chief of Police. The applicant has submitted an Operator License application, and that application is currently under review. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, and an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 57 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Crime Statistics Attached is a report compiled by Newport Beach Police Department (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 300 Newport Center Drive. 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) 39 which encompasses Fashion Island. The RD is square in shape, bordered by Jamboree on the west, San Joaquin on the north, MacArthur to the east, and Coast Hwy to the south. RD 39 is 47 Big Newport 6 Cinema U P2016-003 our third highest crime area in the City, with just under double the city-wide average. The majority of that crime is theft due to the large shopping mall at the heart of the RD. This location meets the legal criteria for undue concentration (B&P§23958.4). • In 2015, RD 39 had a total of 478 reported crimes a In 2015, RD 39 was 193% over the city-wide average of reported crime • In 2015, RD 39 had 254 arrests • In 2015, 25% of the arrests made in RD 39 were directly related to alcohol Alcohol License Statistics Per the Business and Professions code, while crime data is analyzed using local law enforcement reporting districts, alcohol license information must be analyzed using census tracts. The applicant premise is located within census tract 0630.08. This census tract has an approximate population of 750 residents with 60 on-sale retail licenses. That is a per capita ratio of 1 on-sale license for every 13 residents. Per the Business and Professions code, we compare this census tract's on-sale per capita ratio to Orange County's on-sale per capita ratio of 1 license for every 505 residents and find that Census Tract 0630.08 is indeed oversaturated by legal definition. This location meets the legal criteria for undue concentration as it relates to oversaturation. (B&P§23958.4). If we analyze the applicant premise by NBPD Reporting District we achieve a similar result: • RD 39 has 66 active ABC licenses RD 39 total per capita ratio of all retail licenses is 1 license for every 13 residents o RD 39 is significantly oversaturated Discussion and Recommendations The above statistical information is provided for educational reference and perspective. Reporting District 39 predominantly serves Newport Beach as an entertainment district and tourist destination. Recently, the Meridian and the Villas at Fashion Island residential projects have been approved which will raise the resident population in this RD significantly; therefore increasing the per capita ratio. If this application is approved, this will be the applicant's second location within Newport Beach which serves alcohol. Island Cinema in Fashion Island gained approval for alcohol sales in 2012. The Police Department has not experienced any significant problems due to alcohol sales at the theater and we believe the applicant has proven themselves to be responsible business owners. The Police Department has no objections to the proposed application if the following conditions are included. Due to the late hours in conjunction with alcohol, the theater is required to have an Operator License issued by the Chief of Police. The applicant has supplied a security plan which is currently under review and will be attached the completed Operator License. 2 �8 Big Newport 6 Cinema UP2016-003 CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Cade. 2. There shall be no dancing allowed on the premises. 3. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 4. Approval does not permit the premises to operate as a "bar, tavern, cocktail lounge or nightclub" as defined by the Newport Beach Municipal Code. 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6. Alcohol beverage sales shall cease at 1:00 a.m. daily. 7. All sales or service of alcoholic beverages in the licensed premises shall be made only from the areas specifically licensed by the Department of Alcohol Beverage Control, or by trained servers within the general spectator areas. The alcohol beverages must be personally delivered to the patron by the employee who took the order. 8. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during a single transaction. 9. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. 10. Servers shall not carry a supply of unordered alcoholic beverages. "Hawkers" shall be prohibited. 11. Food service from the regular menu must be made available to patrons during all hours of alcohol service. 12. There shall be no reduced price alcoholic beverage promotions. 13. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media 3 49 Big Newport 6 Cinema UP2016-003 broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 14. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 15. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigator Wen y oe at (949) 644-3705 or wjoe@nbpd.org. W 'nd Joe Poli ivilian Investigator, Special Investigations 0 1 Brad Miller Sergeant, Special Investigations 4 50 NEWPORT BEACH POLICE DEPARTMENT m y Cr&vne,Avta.Iys,skUnit- Chief)ay HJohnson 870 Santa Barbara Drive-Newport Beach-CA 92660-949.6443791 - 2015 CRIME AND ALCOHOL-RELATED STATISTICS ABC Idd Subject: ° ur Ajj3001Newport • - -� - _ - - Cente$ip� ndraoplicCMrIF 0,. _ 10; '0, • _ - ;Ol ,. 0, j -_0! noea6araatile . Subject RD: 7,497 204 274 23,803.97 254 27 35 1 12 67 13 RD39 Adiaceni Rp: 1 -936. 30 231 3;944: I0. 66, 23�, - -:5. -'' .- _' 's 34 ._3 - 0% R04-j-,3'. - -. _ -.3 Adjacent RD: 6,261 113 185 2,089.88 166 23 36 3 132 RD44 49 41 Adtacent Rgi. 27 970:87e 9 '.0 :"a - ..lt 1 _ 1,545 Newport Beach 102,056 2,339 3,841 2,739.65 3,523 449 666 28 1,185 438 194 Cahfom'ia' nonavonable_ ` 1100;901 notavailoble 2,955 13 1;2171089'" 155'285_ 89;90_1 1'5;673' =roto�aliable.' t 97;653 381 National notovoilable 9,443,212 not awiloble 3,052.79 11,205,833 1,117,852 414,854 321,125 not available notapplicoble not appticoble Summary for Big Edwards Theater at 300 Newport Center Dr (RD39) In 2015,RD39 had a total of 478 reported crimes,compared to a city-wide reporting district average of 163 reported crimes. This reporting district is 315 crimes,or 193%,OVER the city-wide average. The number of active ABC licenses in this RD is 67,which equals a per capita ratio of one license for every 13 residents. Orange County averages one license for every 505 residents and California averages one license for every 381 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. Part I Crimes are the 8 mostserious crimes as defined by the FBI Uniform Crime Report-Homicide, Rape, Robbery,Aggravated Assault Burglary,Larceny-Theft,Auto Theft and Arson: This renort reflectsCity of Newport Beach row crime data for 2015, through December 31,before unfounded crimes are removed. Ca,'ifornia and National dime figures are based on the 2014 Uniform Crime Report, which is the most recent edition. C;ime Rate refers to the number of Part I Crimes per 100,000 people. Number of Active A.BC%icenses is the total of all types of r^tail licenses known to the IVBPD as of 0110712016. Ail Popubtion figures takenf rcm the 2010 US Census. 3/8/2[116 �2 Additional Information Calls for Service ■ at 300 Newport Center Dr Shoplift ___ _ BURG_CAR_Y ALARWAUDIBLE. -I--- ,BURGLARY -BURGLARY REPORT Highest Volume Crime in CITIZEN ASSIST RD43 ,CRIMINAL THREATSREPORT Burg/Theft FromAuta DISTURBANCE �4 � 'DRUNK IN PUBLIC_ Highest Volume Crime in FOUND.PROPERTY 2- • D 4KEEP THE.PEAC_E --- --_ 3--- - Burg/Theft'FrorriAuto MEDICAL AID NO:PD RESPONSE 3 MEDICALAID PD RESPONSE. - 2 _ NARCOTICSACTIVIITY 'OUTFOR FOLLOWUP Residential Burglary ` pATROL CHECK_ _ _ 6 _ RE,,CKLESS•`DRIVER 1 'RED ZONE VIOLATION 1 'SUSPICIOUS PERSON _ 8' UNKNOWN TROUBLE _ 3 _ VEHICLESTOP - —7 = Attachment No. PC 6 Existing Parking Map 53 V� QP �P S 1 • . , � rid• P E ,� �.. ; ,� 9 ► +3" V� QP �P Attachment No. PC 7 Project Plans V� QP �P �g PA2016-020 Attachment No. PC 7 - Project Plans _ R cVV _ — P ,0 - - _ Ts � I CENrE N DR � VE X21° 42 R- 96°49'11" R=25' L=42.25 P pre Design Phase o 87p' L;33322, H Schematic Design ■ Design Development ❑ F (DESIGN PLAZA L3,�q,y^ R-160 L-jp1,0 A C«onstruction SOC-S ❑ ASSOCIATION) (E)BUILDING NOT A S Contract Administration ❑ Q PART OFTHIS E Construction PhasePERMI ❑ 15.54' N49°50'2T"w Field Drawings ❑ o ` i I� " � This document is owned and C is the sole and exelusrve z ili � 0 property of BB Architects Inc � i i P and is supplied 4o the n S I I =* O client in aecordcnee to the � m�y'� Y Architemt Owner Agreement. v i� i i R Federal Law prohibits the Z III I reprodue4ive display sale or (E)AUDITORIUM 4-6 TO ivr. rvlueveo ® ® ® ,L L G other disposition of tkis o" H document without the REMAIN OCCUPANCY: A-I/B O O N � i i i �+� wriiye:n ap- proval of CONSTRUCTION TYPE: V-A = i T BB Architects Inc. SPRINKLERED (E) FLOOR AREAS: o s%� o o O O O ■ FIRST FLOOR= 21,023 SF ` MEZZANINE= 3,'146 SF UP �\i o o Property Owner: SECOND FLOOR= 6,82415F I'J\) � � Trail Properties LLC o „atl o UP El o o NO C #HANOE TO EX I ST I N� 50.00' N40°09'33"E .00' N40°09'33"E /� J/ L 359 San MI vel Drive Ste 104 META T Af FAR NO TO RD AIN 9 METAL UARD � i � Q A Newport Beach, CA 92660 RAILING WITH 2 36" WID SELF O C O G GATES O O O O O I m Phone: 949-72.9-1170 T ( �1 (E)FRONT COURT (E)42" TALL YARD (N)42" TALL ���� METAL GUARD METAL GUARD' �RAILIN& RAILING J o (E) AUD 1 E LOBBY TO U T REMAIN K IB L L L L L L r ry 6 Z (N)42" TALL METAL GUARD RAILING WITH O U R n > (2) 48" WIDE SELF GL051N& GATES (E)AUDITORIUM 3 TO ^, REMAIN OCCUPANCY:A e e e e e (E)AUDITORIUM 2 TO (E)AUDITORIUM I TO REMAIN CONSTRUCTION TYPE: i C • O REMAIN OCCUPANCY: A-1 OCCUPANCY: A-I V-A SPRINKLERED T SPRINKLERED CONSTRUCTION TYPE: V-A (E) FLOOR AREAS: _ CONSTRUCTION TYPE: V-A SPRINKLERED FIRST FLR: 6351 SF i 0 0 0 0 "" " ® (E) FLOOR AREAS: (E) FLOOR AREAS: SECOND FLR: 3121 SF ( w J FIRST FLR: 6190 SF FIRST FLR: 1-7,1-78 SF MEZZANINE: 820 eF SECOND FLR: 2325 5F MEZZANINE: 1,622 5F MEZZANINE: 820 5F 1 1N) 1 � U Q 9'33"E � 135.66' N40°09'33"E R' 50.00' N40°09'33"E o Fob /f 260 L.103.Oo L'L ry ; PARKING ANALYSIS OF ON-SITE PARKING AREA PARCEL I 7 -- - NUMBER OF EXISTING SPACES: 204 SPACES NUMBER OF EXISTING ACCESSIBLE SPACES: O SPACES NUMBER OF PROPOSED PARKING SPACES: Ia3 SPACES 130. O' N ° '33"E q NUMBER OF NEW ACCESSIBLE SPACES: 6 SPACES (INCLUDES I VAN) ❑O o o ® iJllP/ NUMBER OF TOTAL PROPOSED PARKING SPACES: lag SPACES (� NUMBER OF REQUIRED ACCESSIBLE SPACES : 6 SPACES ( 1' (E)PARKING TO (6 SPACES FOR 151-200 PARKING SPACES) PER GBG TABLE REMAIN (E)BUILDING NOT A �[J PART OF THIS IB-6 AND 1121B.1. PERMIT PARKING ANALYSIS OF OFF-SITE PARKING AREAS M NUMBER OF EXISTING SPACES TO REMAIN: 6-75 SPACES uJi T T EXI STI I\I G UI SITE PLAN E (E)BUILDING NOT A U PART OF THIS PERMIT T AOO 21 No��N EX 1ST 1 NG 517r= PLANm SCALE: I"= 25'- O" I J OO B # 015 001 J00 B �9 PA2016-020 Attachment No. PC 7 - Project Plans ■ R E Q V Q I S Q O Q N S Q ■ UJ F Pre Design Phase � 0 H Schematic Design ■ Vi DesiEl gn Development ❑ F A C«onstruction Docs ❑ S Contract Administration ❑ Q E Construction Phase ❑ Field Drawings ❑ o ■ This document is owned cnd C is the sole and exclusive 0 property of BB Architects Inc P and is supplied to the client in cecordcnee to the ryl Y Architemt Owner Agreement. W R Federol Law prohibits the reprodue4ive display sole or rn C'a other disposition of this UJ H document without the u, T wriiye:n ap- proval of 6B Architects Inc. ■ C Property Owner: Trail grope ties LLC 14'-11 $ C•/O Newpo t Center (E) 54" TALL CONCESSION STAND NEW BAR FRONT U Management Company --- FRONT COUNTER TO REMAIN COUNTER �.\ / 359 San Miguel Drive Ste 104 7E] //�� O TA Newport Beach, CA 92660 / �� N Phone: 949-72.9-1170 / \\ m < ■ \\ (B)4 (5)5 (B)7 lata (B)I (5)5 - / L \ (E) LOBBY (N) 54" HIGH R / \ i ACCESSIBLE rn / \ (N)5'-10" HIGH - - _-------- --- ------ - COUNTER lSJ H COUNTER � T r------ ----- TOILET ROOM > \ — — — \ _ r-- 5)10 � T — — — — \ — � ( (E)B ❑ � (E)G '� ❑ ...... ❑ i1 (E)G ii c (B)6 (B)q (B)I I _ E)3 - - - - - - - - - - - - - _ _ _ _ _ su B)15 B)14 (E) POPCORN E)14 POPPER _ _ 0 (E)I U E)4, 0 ELEG PANEL (EJ (E) CONCESSION BACK I6'-10" U W Q COUNTER TO REMAIN NEW BAR BACK COUNTER Z Z (E) AUDITORIUM I ENTRY — — — — — — Q U (w (E) (E) (E) BJ 18 U 2 (E) (E) (E) (E)coy rANKs OT= 0000 QQ � U H � � w(E) � 0 (E) CONCESSION WORKROOM (E)FAMILY TOILET ROOM 7 (E)OVENS/ AUTO FRY EQUIPMENT TO REMAIN L W O - - - - - -r r - - - - - - - - - - - - (E) WOMENTOILET R (E) WALK-IN COOLER SGOP� OF WORK: (n (E) m The proposed project Con5i5t5 of a 1'10 square feet remodel of Q (E) lE) lE) (E) E) ( U (E) >I a portion of the existing Lobby 1 Gonce55ion Stand, located in U (E) � Auditorium 1 building, to include the demolition of a portion of the existing front and rear Gonce55ion Stand and to provide a new (E) o bar front and back counter and new bar equipment. Site renovations consist of the addition of new 42 inch tall metal (J) ® e — _ gates and guard rail pedestrian barrier 5y5tem to enGlo5e patron walkway circulation from upper level lobbies to lower level lobby IVC 10� A compliant with the alcohol 5ale5 conditions of approval. See Verify location of all bar equipment w/ owner 4 Architect prior to start of work. NO �N I` A I Sheet A052 for proposed new pedestrian barriers. SCALE: 1/4" = 1'-0" ITEM Nr=^ OUIPMENT EIY ��� THU RNUMBER FURN15HED INSTALLED BY' OPERATOR NOTED OERWISE EGAL (B)# DESCRIPTION BASE MANUFACTURER/ MODEL NUMBER WATER WASTE REMARKS DESCRIPTION DESCRIPTION BASE MANUFACTURER/ MODEL NUMBER WATER WASTE REMARKS DESCRIPTION N J 0 U (B)I HAND SINK SS LEGS 4 FEET ADVANCE TABOO PRHSST-IcI-12 1112"H40 1 1/2" DIR SOAP, P.T. (B)IS BEER 5UPEROHILLER SS LEGS 4 FEET LANCER 54E POLARIS 5PK2-11 T (5)5 BEER TOWER HEAD COUNTER MOUNTED LANCER 25-I5-14-06-12 1" INDIRECT (5)21 P.O.5. CUSTOM POS (5)4 ICE BIN SS LEGS 4 FEET ADVANCE TABOO PRI-Iq-24-10-XD 5/4" INDIR W/ 5/5 SPEED RAIL W/ LOGKING COVER: PRD5R-24-LG (E) EXISTING EQUIPMENT TO REMAIN ; REFER (5)5 PRESTIGE SODA SUN HOLDER SS LESS 4 FEET ADVANCE TABOO PRSH-lq-b b"WX20"D MANIFOLD HOU (E)1 DISPLAY REFRIGERATOR UV P LA.N (5)6 SODA BEVERAGE DISPENSER COUNTER MOUNTED ADVANCE TABOO 100685 I" INDIRECT (E)8 POPCORN POPPER E (B)7 BOTTLE DISPLAY SS LESS 4 FEET ADVANCE TABOO PLD-5012 (E)14 HOTDOS GRILL (B)8 STEALTH IN-COUNTER BLENDER PACKASE COUNTER BLENDTEC C051/1051 WITH NOSE RE (E)15 CHEESE DISPENSER (B)cl BLENDER STATION SS LESS 4 FEET ADVANCE TABOO PRRS-Iq-12 (E)2q PIZZA WARMER U (B)10 WINE DISPENSER, BOTTLE DIRECT COUNTER MOUNTED ENOMATIG ENOLINE2.5 4+4R 5/4" INDIR (E)56 UNDER COUNTER REFRIGERATOR S (5)II BACK BAR COOLER FLR. MTD. SS BASE CONTINENTAL 551.105q-55-6D (E)44 NACHO WARMER E AOO BOO (B)I5 ESPRESSO CAPPUCCINO MACHINE COUNTER, LESS ASTRA MFR. M2C 014 5/4" INDIR (E)A P.O.5. E (B)14 COFFEE GRINDER COUNTER ASTRA MFR. MS 005 (E)B SODA TOWER T (5)15 REACH-IN UNDER COUNTER REFRIGERATOR 5 5/5" GASTERS CONTINENTAL U027 (E)C CANDY CASE In (B)17 LIQUID DISPENSER UNDER COUNTER SMARTBAR SMARTENDER J■ D . # 015-001 JOB PA2016-020 Attachment No. PC 7 - Project Plans ■ R E Q V Q I S Q I O Q N S Q ■ �, ° UJ F Pre Design Phase � 0 H Schematic Design ■ Vi ° Design Development ❑ F � ° A C«onstruction Docs ❑ S Contract Administration ❑ Q E Construction Phase ❑ Field Drawings ❑ o q•1 6 �a ■ N Q o This document is owned and a ; � ° � C andhessslu ollede4outhe k, s o \_ � 0 property of BB Architects Inc ®� ;� 1< `;� � ; O R Arlch tet Owne�roAgreement c�d ' \\\ bt` ° I eproduletivewd splaybsale or - *�O� ` (T� C'a other disposition of this g`3 ' `� �+� T w�ityt--ennappro�val tof $ 0 O 6B Architects Inc. I I � I ■ ® - Property Owner: \ o � j m, � �a `� � � Trail Properties LLC �' � N C•/O New ort Center s. U Management Company 0NIA6 dON L 359 San Miguel Drive Ste 104 ° A Newport Beach, CA 92660 c�� '' ;. y as N Phone: 949-72.9-1170 0 T (N)42" TALL - - - - - - - - - - - - METAL GUARD ° ■ a RAILING WITH (2) " S6WIDE SELF - - - - - - - - - - . ,. - - - - - � u 0 0 v 1 CLOG& GATES � n A \ $ 6 � (E)FRONT G�YJRT ® (E)SIDE GOURT 1 YARD < rLSJ R 01 s y YARD (E)42" TALL (N)42" TALL �•0"1 , !. METAL GUARD METAL GUARD RAILING �" RAILING rnrn I gA (N)BAR FRONT 4 UJ T i BACK COUNTER B 5T E EQUIPMENT- SEE "E C ENLARGED f 1 T FLOOR PLAN lJ 0 ---- SHT. AOS tElLoseY 3 0.191'-6' A (t=J� � � •�O ,�on0���1'��`� � ' l 9 � 0x191'-6" 6191'-0" �)� rn � p i//��IJJ1�III � If1Y✓OMEN � � YID v r 6 N91• �O.— I_�3-7¢i�IF_ F dl (F�MEN rFa� IF>EXPANDED WORKROOMR FAMILY ♦.191'E" , (N)42" TALL METAL _ _�_ _ J 19 -a• J L J J L ®I^ W 7 Q GUARD RAILING WITH ' - - bw,'�• L � (2) 48" WIDE SELF J �L - ___� __ - J CLOSING GATES -`- ' - - - ^--- _- ^ - ^ O ® ® ® ® ® ®109'-9• �-__-- __- -_ '____. _-�__ ___ _ - _ - - t[, ,. n n q F��L�1F9—F��1�lnnl-�Rra `: �Y ILINA-1�I��Iitl7:��1.�.Npb�G'� •. J N .188•-0• _ - J Z W -'---------' (E)AUDITORIUM 3 !rl Z 48126 OLO-2• / (E)AUDITORIUM 2 _ - ®.1ara• o H88.6" ♦+16,'-r' ° O 50'4°xH2'-0" ®183'-e• J Q 6 1— ®184' - J (FJFIEG • ~ _ - - -- __ J .,189'-,• - _ N88'-10' �� 0163'-B• ■ \\� (E)AUDITORIUM 1 i C 55�ou' @� 56OFE OF WORK: [] L RE L PA The proposed project consists of a 1-70 square feet remodel of N U a portion of the existing Lobby 1 Concession stand, located in T Auditorium 1 building, to include the demolition of a portion of the WI existing front and rear concession stand and to provide a new T SECOND LEVEL bar front and back counter and new bar equipment. I U T FLOOR ® ❑ ® ® Site renovations consist of the addition of new 42 inch tall metal gates and guard rail pedestrian barrier system to enclose patron walkway circulation from upper level lobbies to lower level lobby compliant with the alcohol sales conditions of approval. U s No��� S�GONi� T AOO �2 LEVEL r-LOOR FLAN m SCALE: I"= 20'-0" ■ JOB # M&M JOB �1 PA2016-020 Attachment No. PC 7 - Project Plans ■ R E Q V Q I S Q I O Q N S Q ■ Pre Design Phase 0 Fi Schematic Design ■ � •• ° � Design Development ❑ F ° q C«onstruction Docs ❑ sL � �� � S Contract Administration ❑ Q A + " E Construction Phase ❑ � " " � Field Drawings ❑ o ■ v, " �:w This document is owned and ® � + e m ° C is the sole and exclusive s a \ " � � 0 property of BB Architects Inc a � � and is supplied to the O P client in cecordcnee to the o l � + " m Y Architemt Owner Agreement. W b; I Federcl Law prohibits the reprodue4ive display sale or iy6•.6'1 UJ H dohcumen oswithout the u, wriiye:n ap- proval of T 9B Architects Inc. p p I" 5 + v CMD � Trail Properties LLC � � " '� � + " � �] N C•/O Newport Center b 1\ � " ° � � s i � � U Management Company o � + " � � L 359 San Miguel Drive Ste 104 7\ °N1Hbtl ° I O A Newport Beach, CA 92660 + 6 J - � o p N Phone: 949-72.9-1170 - - - - - - - - - - - — - - ■ e ` O� q O O O O O O � R � o , AUDITORIUMS 1-3 H (SHOWN ON T i " a1cE SECOND FLOOR E 5 e + : 1 T PLAN SHEET T ice' b A052) SHOWN C ' + �JLa3eYs LIGHT FOR U e *.MW REFERENCE ONLY L OLOBBY I " , I 0.191'-6' V� rGLD- +191'-6' 0191'-b' 0+191' _ (FJWOMEN (E)M t� J. � E • O Y I ,VV✓� 0VYJIT[R Q L J J C : 61 '9' 1�k7 �r FO ER 1 0 0 0 0 T LL "<\_ J e �EXPP'NDED YaRKROOM FREEZER FAMILY 0 N91'-6' a � � J L J J s 19 ice. J L 019 " L l� ®191'x" JI t J L JI;!; I J J J 0 0 ®190 0 0 J ry ' ® ® ® ® ® J ®189'4° J J 110 li O W IN— J J J _ (E)AU AUDI26 oOR"IUM 3 1 Bleb'-lo' J i UJ 16 oec (E)AUDITORIUM 26,1b-P-s' a+166'-6. a+16T-r O O J Q 154 occ y • W — — — — — - - - - - u • F �kiA-IL(�( 1 J 0 1189'-'I° 0 H83'-10' C-'flJ;J� 111e1/P J 1/P O ■ \� (E)AUDITORIUM 1 i yyy C QY450oa, SCOPE OF WORK: No new work proposed at this first floor level where the existing T U lobby concession stand serving these 4 Auditoriums is to remain. (n U ; FIRST LE�/EL T FLOOR ® p ® ® ® E PLAN U s F I RST LEVEL r-LOOR PLAN � T SCALE: I"= 20'-0" m JOB # 015 01 JOB ■ 02 Big Newport 6ABC License _ - � �'• Planning Commission Public Hearing April 6, 2017 Planning Commission -April 6, 2017 Item No. 2a Additional Materials Presented at Meeting Big Newport 6 Alcoholic Beverage Control License (PA2016-020) Introduction Request for a Type 47 (On -sale General ) Alcoholic Beverage Control (ABC) License Existing Big Newport Theater 1,134 seats in 6 auditoriums Accessory to theater Required 42" guardrail barrier per ABC regulations No other changes to existing theater operations 07/13/2012 Community Development Department - Planning Division 2 Planning Commission -April 6, 2017 Item No. 2a Additional Materials Presented at Meeting Big Newport 6 Alcoholic Beverage Control License (PA2016-020) Vicinity Map 300 Newport Center Drive 210 Newport Center "gyp (Auditoriums 1-3) Drive (Auditoriums 4-6) ♦EwPO` K' Oq 1oi `y I � P•= h ' \ Y 4. ♦ ica Po 07/13/2012 Community Development Department - Planning Division 3 Planning Commission -April 6, 2017 Item No. 2a Additional Materials Presented at Meeting Big Newport 6 Alcoholic Beverage Control License (PA2016-020) Accessory to theater use Same operator as Island Cinema in Fashion Island, no issues to date regarding alcohol service PD has no objections to proposed application and their recommended conditions are included 2drinkmax Provided with full service menu Operator License in process with PD 07/13/2012 Community Development Department- Planning Division 4 ■ 1. # w a ti M I - For more information contact: - [Planner's Name] 949-644-[****] [Planner]@newportbeachca.gov www.newportbeachca.gov