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HomeMy WebLinkAboutZA2013-002 Approved Amendment to Island Cinema MUP-999 Newport Center DriveRESOLUTION NO. ZA2013 -002 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT 1 TO MINOR USE PERMIT NO. UP2011 -029 FOR A MOVIE THEATER WITH FOOD AND ALCOHOLIC BEVERAGE SERVICE LOCATED AT 999 NEWPORT CENTER DRIVE (PA2012 -144) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Cindy Block on behalf of the Irvine Company and Regal Cinemas, Inc., with respect to property located at 999 Newport Center Drive, and legally described as Parcel 2 of Lot Line Adjustment LA2009 -001 requesting approval of an amendment to a Minor Use Permit. 2. On November 9, 2011, the Zoning Administrator approved Minor Use Permit No. UP2011 -029 (PA2011 -170) to allow the addition of a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control ( "ABC') license at the existing movie theater. 3. The applicant proposes the addition of two outdoor dining areas totaling approximately 800 square feet in area, a change in the approved hours of operation to allow the theater to open and serve alcohol at 11:00 a.m., the addition of a second concession area dedicated to the sale of beer and wine, the service and consumption of alcohol during all movie screenings, and the option to order food and alcohol from a server within the theater screening rooms and outdoor dining areas. 4. The subject property is located within the North Newport Center Planned Community (PC -56) Zoning District and the General Plan Land Use Element category is Regional Commercial (CR). 5. The subject property is not located within the coastal zone. 6. A public hearing was held on January 10, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 1 (Existing Facilities). Zoning Administrator Resolution No. ZA2013 -002 Paqe 2 of 10 2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of use. The change in alcoholic beverage service and the addition of tables for outdoor dining use is a negligible expansion of the existing movie theater use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 and Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of movie theater patrons. Operational conditions of approval recommended by the Police Department relative to the sale of beer and wine will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. Due to the high concentration of commercial land uses, the calls for service, crime rate, and number of arrests are greater than adjacent reporting districts containing residential uses. 3. Fashion Island does not abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. The proposed use is not located in close proximity to residential districts, day care centers, park and recreation facilities, places of religious assembly, or schools. The Police Department has reviewed the Minor Use Permit application and recommended conditions of approval to ensure that the design and security of the movie theater are properly addressed. 4. Several restaurants in the Fashion Island Sub -Area provide alcohol service as an amenity to customers. The number of alcohol licenses and the type of alcohol service proposed is typical and expected to be found at a regional mall such as Fashion Island. 5. The movie theater does not have any current objectionable conditions. 6. The provision of food service and beer and wine sales will not substantially change the operational characteristics of the movie theater. 7. The existing movie theater is an allowed use in the Fashion Island Sub -Area of the North Newport Center Planned Community. The on -site consumption of beer and wine Zoning Administrator Resolution No. ZA2013 -002 Paqe 3 of 10 provides a public convenience by allowing the sale of beer and wine in addition to 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 property is designated as Regional Commercial (CR) by the Land Use Element of the General Plan. The theater use is consistent with that designation as it is a supporting use that is integrated as part of a retail multi - tenant commercial center, an allowed use under the CR designation. 2. The existing movie theater is consistent with General Plan Anomaly 44, which limits Fashion Island to 1,700 movie theater seats. 3. The food and alcohol concessions for the movie theater are compatible with the existing and allowed land uses in Fashion Island. 4. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The subject property is located within the Fashion Island Sub -Area of PC -56, which allows commercial recreation and entertainment uses (including movie theaters) and eating and drinking establishments by right. Alcohol sales is an allowed use upon the approval of a Minor Use Permit by the Zoning Administrator. 2. The intent of the PC -56 Zoning District is to allow for uses that support existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day /evening destination with a wide variety of businesses that serve visitors, residents, and employees of the area. The proposed changes to the beer and wine service at the movie theater are compatible with other uses within Fashion Island. 3. The existing movie theater is within the limits of the 1,700 seat limit allocated for the Fashion Island portion of the North Newport Center Planned Community. The proposed outdoor dining areas do not affect the development limit because they are not enclosed. Zoning Administrator Resolution No. ZA2013 -002 Paqe 4 of 10 4. Fashion Island has a Regional Commercial parking requirement of 3 spaces per 1,000 square feet. The proposed amendment does not change or increase the parking requirement. 5. The proposed project is consistent with the on -sale alcohol sales provisions within Chapter 20.48 of the Zoning Code (Standards for Specific Land Uses). Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. A movie theater has operated in this location since 1989 and the use has not proven detrimental to the area. The movie theater has provided food service in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. The existing alcohol service has been offered for approximately a year and no problems have been brought to the City's attention. 2. The service of alcohol will be restricted to between the hours of 11:00 a.m. and 1:00 a.m., daily. 3. The movie theater is located within the center of the Fashion Island Mall on the second floor. Beer and wine sales will be limited to two concession areas within the main lobby dedicated for only beer and wine sales. 4. Outdoor dining areas with alcoholic beverage service are typical and expected uses within a regional mall such as Fashion Island. 5. There are no residential properties, or other incompatible land uses, within the immediate vicinity of the theater. 6. The operational conditions of approval recommended by the Police Department relative to the sale of beer and wine will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 7. The movie theater is required to comply with the California Building Code and requirements of the California Department of Alcoholic Beverage Control to ensure the safety and welfare of customers and employees within the movie theater. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Zoning Administrator Resolution No. ZA2013 -002 Paqe 5 of 10 Facts in Support of Finding: 1. The project site is located within an existing movie theater building. The lobby and theater screening rooms are designed and developed for food and beverage service. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. Fashion Island is an outdoor mall with wide and open walkways. Fashion Island is encircled by Newport Center Drive and is developed with several surface parking and loading areas. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of 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 nuisance areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the movie theater. 2. The proposed beer and wine service is provided as a public convenience to movie theater patrons. The service of beer and wine will provide an economic opportunity to maintain a successful business at this location in a way which best serves the quality of life for the surrounding community. 3. The hours of operation will be between 11:00 a.m. and 1:00 a.m., daily. 4. The proposed changes will not change the principal movie theater use. 5. Fashion Island provides the required parking for the entire mall and the proposed amendment does not change or increase the parking requirement. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Amendment 1 to Minor Use Permit No. UP2011 -029, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2013 -002 Paqe 6 of 10 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This Resolution supersedes Zoning Administrator Action Letter dated November 9, 2011, for the approval of Minor Use Permit No. UP2011 -029 (PA2011 -170), which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF JANUARY, 2013. M Zoning Administrator Resolution No. ZA2013 -002 Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plan dated with this date of approval, except as modified by applicable conditions of approval. 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code, other applicable conditions and regulations governing alcohol service, or should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this minor use permit or the processing of a new use permit. 4. Amendment 1 to Minor Use Permit No. UP2011 -029 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should the alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. Future licensees, operators or assignees shall submit, within 30 days of transfer of the alcohol license, a letter to the Planning Division acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this minor use permit. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 8. Approval is required from the Orange County Health Department. 9. The project shall comply with Building Code requirements regarding egress /exit analysis and occupant load. The project may necessitate additional requirements, as required by the Building Division. 10. Approval is required from the Fire Department. The project may necessitate additional requirements regarding exit discharge widths, as required by the Fire Department. Zoning Administrator Resolution No. ZA2013 -002 Paqe 8 of 10 11. The approval is only for beer and wine sales with the sale and service of alcoholic beverages incidental to the theater use. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 41 (On Sale Beer and Wine, Eating Place) in conjunction with the movie theater as the principal use of the facility. 12. The hours of operation for sales, service, and consumption of alcohol at the movie theater shall be allowed only between the hours of 11:00 a.m. to 1:00 a.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this Minor Use Permit. 13. Prior to implementation of this Minor Use Permit amendment, the operator of the theater shall obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code to ensure the business is operated in a safe manner. The Operator License may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the theater. Future operators are required to obtain an Operator License prior to assuming management of the movie theater. 14. The alcoholic beverage sales concession shall be limited to a maximum of two concession areas and shall be used in conjunction with the related food service concessions. Any change in the operation of beer and wine service or increase in the counter space devoted to alcohol sales shall be subject to the approval of an amendment to this Minor Use Permit issued by the Zoning Administrator. 15. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The movie theater shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 17. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned. 18. There shall be no on -site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit. Zoning Administrator Resolution No. ZA2013 -002 Paqe 9 of 10 19. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. 20. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Zoning Administrator first approves a new or amended Minor Use Permit. 21. Alcoholic beverages shall be dispensed, sold, and served in containers that are easily distinguishable from non - alcoholic beverage containers. 22. The sale of alcoholic beverages for consumption off the premises shall be prohibited. 23. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during a single transaction. The delivery of alcoholic beverages to patrons inside the auditoriums shall be limited to two (2) per patron per screening. 24. All sales or service of alcoholic beverages in the licensed premises shall be made only from the concession bars or servers. 25. During the period of time from the initiation of seating until the completion of the feature presentation, ambient lighting in the auditoriums shall remain at a level sufficient enough to allow a reasonable person to observe patrons who may be consuming alcoholic beverages. 26. Orders from patrons seated in theater seats must be made to the server serving that area and the alcoholic beverages ordered must be personally delivered to the patron by the server who took the order. 27. Servers shall not carry a supply of unordered alcoholic beverages. 28. The petitioner shall post and maintain professional quality signs measuring 12 inches by 12 inches with lettering no smaller than 2 inches in height that read, "No Alcoholic Beverages Beyond This Point' at all premise exits. 29. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 30. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge or cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. This does not include ticket sales or any other fee for the standard movie theater use. 31. Live entertainment and dancing shall be prohibited as a part of the regular operation of the movie theater. 32. Strict adherence to the occupancy limits is required. Zoning Administrator Resolution No. ZA2013 -002 Pape 10 of 10 33. The quarterly gross sales of beer and wine shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of beer and wine of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on command. 34. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise generating device shall be utilized in conjunction with this movie theater. 35. The beer and wine outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the beer and wine outlet and adjacent properties during business hours, if directly related to the patrons of the subject beer and wine outlet. If the operator fails to discourage or correct nuisances, the Zoning Administrator may review, modify, or revoke this minor use permit in accordance with Chapter 20.68 of the Zoning Code (Enforcement). 36. The area outside of the movie theater shall be maintained in a clean and orderly manner. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting walkways within 20 feet of the premises. The operator of the movie theater use shall be responsible for the clean -up of all on -site and off -site trash, garbage, and litter generated by the use. 37. All trash shall be stored within dumpsters inside the mall buildings or designated areas. 38. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Island Cinema Minor Use Permit including, but not limited to, Minor Use Permit No. UP2011 -029 (PA2011 -170) and Amendment No. 1 to Minor Use Permit No. UP2011 -029 (PA2012 -144). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.