HomeMy WebLinkAbout5.0 - Lido Theater Alcohol Sales - PA2014-048 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 11, 2014 Meeting
Agenda Item 5
SUBJECT: Lido Theatre Alcohol Sales - PA2014-048
3459 Via Lido
Minor Use Permit No. UP2014-015
APPLICANT: National Food & Beverage Financial Group, LLC
PLANNER: Fern Nueno, Associate Planner
(949) 644-3227, fnueno@newportbeachca.gov
PROJECT SUMMARY
A Minor Use Permit for the Lido Theatre to allow a Type 40 (On-Sale Beer) Alcoholic
Beverage Control License, which would allow alcohol service during movie screenings and
live shows.
RECOMMENDATION
Continue this item to the September 4, 2014 meeting.
DISCUSSION
The applicant requests a continuance to allow additional time to prepare for the
meeting.
Public Notice
This agenda item was noticed in accordance with the Brown Act and Municipal Code.
Should this item be continued the September 4, 2014 meeting, additional notice will not
be required.
Prepared by: Submitted by:
Fkr6 Weno, Associate Planner Br n la Wisnesl i,r
ICP, Deputy Director
ATTACHMENT:
PC 1 Applicant's Request for a Continuance
Nueno, Fern
From: Tristan Ritter[tristan@lidolive.com]
Sent: Thursday, August 07, 2014 5:08 PM
To: Nueno, Fern
Subject: Lido Theatre-PA2014-048
Hello Fern
Thank you for your call this afternoon. We appreciate all your help, but with the disappointing news of not being
recommended for our request for a License 40 Beer only for the Lido Theatre, we are asking for a continuance for our
MUP to be moved to the September 4`h meeting. Our plan is to still present a MUP for the License 40 with the condition
we will work on upgrading our concession area within the next 6 months and reapply for a License 41 Beer and Wine
with a new MUP. We need time to talk with the ABC and our consultant to make sure this is due able within that time
frame.
Thank you again for your help.
Tristan Ritter
Lido Live
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CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 11, 2014 Meeting
Agenda Item 5
SUBJECT: Lido Theatre Alcohol Sales - PA2014-048
3459 Via Lido
Minor Use Permit No. UP2014-015
APPLICANT: National Food & Beverage Financial Group, LLC
PLANNER: Fern Nueno, Associate Planner
(949) 644-3227, fnueno@newportbeachca.gov
PROJECT SUMMARY
A Minor Use Permit for the Lido Theatre to allow a Type 41 (On Sale Beer and Wine,
Eating Place) Alcoholic Beverage Control License, which would allow alcohol service
during movie screenings and live shows. The theater currently operates from 11:00 a.m.
to 1:00 a.m., daily, and the requested hours for alcohol service are from 11:00 a.m. to
11:00 p.m., daily. An Operator License application is being reviewed concurrently by the
Chief of Police, pursuant to Municipal Code Chapter 5.25.
RECOMMENDATION
1) Conduct a public hearing; and
2) Staff's recommendation is pending final review of the application by the Newport
Beach Police Department.
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Lido Theatre Alcohol Sales (PA2014-048)
Planning Commission, August 11, 2014
Page 2
VICINITY MAP
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Subject Property
0a` a7 *a
GENERAL PLAN ZONING
r. .11.. qp AME
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LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE General Commercial CG Commercial General CG Movie theater
Mixed-Use Water Related Mixed-Use Water Related
NORTH MU-W2 MU-W2 Lida Marina Village
SOUTH Public Facilities PF Public Facilities PF Vacant
EAST Mixed-Use Water Related Mixed-Use Water Related Office, retail, and
MU-W2 MU-W2 residential
WEST Corridor Commercial (CC) Commercial Corridor(CC) Retail and food service
3
Lido Theatre Alcohol Sales (PA2014-048)
Planning Commission, August 11, 2014
Page 3
INTRODUCTION
Proiect Setting
The Lido Theatre is located within the Lido Plaza Shopping Center near the intersection
of Via Lido and Newport Boulevard in Lido Village. The 4.81- property is developed with
three hundred ten (310) surface parking spaces and restaurant, personal services,
office, and retail uses, including Woody's Diner, Starbucks, West Marine, and Lido
Drugs. The Lido Theatre is a single-screen theater that is 9,720 square feet in area,
and contains a lobby, snack bar, office, storage areas, two restrooms, and 625 seats
(438 on the main floor and 187 seats on the mezzanine).
Proiect Description
The applicant requests a Minor Use Permit to allow a Type 41 (On Sale Beer and Wine,
Eating Place) Alcoholic Beverage Control (ABC) License. The existing theater use
includes daily movie screenings, live performances, philanthropic events, and other
assembly uses. The applicant intends to increase the number of live shows from
approximately three (3) per year to up to nineteen (19) concerts per year. Due to the
operational hours for the theater, the characteristics of the use, the location of the theater,
and the sensitivity of the community, the Zoning Administrator has referred this application
to the Planning Commission for consideration and action.
The theater currently operates from 11:00 a.m. to 1:00 a.m., daily, and the requested
hours for alcohol service are from 11:00 a.m. to 11:00 p.m., daily. Alcohol service during
movie screenings would be limited to the mezzanine and access to this area would be
limited to patrons twenty one (21) years of age and older. Alcohol service is proposed
throughout the theater (both the first and second level) during screenings and live
performances that are limited to patrons twenty one (21)years of age and older.
The Type 41 ABC License authorizes the sale of beer and wine for consumption on site.
The establishment must operate as a bona fide eating place, maintain suitable kitchen
facilities, must make actual and substantial sales of meals for consumption on the
premises, and minors are allowed on the premises. The applicant proposes to use
Woody's Diner for prepackaged meals in order to meet the ABC requirement for a bona
fide eating place.
The applicant's request is provided as Attachment No. PC 3. Due to the alcohol sales
and late hours of operation, approval of an Operator's License by the Newport Beach
Police Department will be required. Operator License No. OL2014-004 is under review by
the Chief of Police, pursuant to Municipal Code Chapter 5.25.
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Lido Theatre Alcohol Sales (PA2014-048)
Planning Commission, August 11, 2014
Page 4
DISCUSSION
Consistency with General Plan, Coastal Land Use Plan, and Zoning Code
The site is designated General Commercial (CG) by the General Plan Land Use Element,
the Coastal Land Use Plan, and the Zoning Code. These designations are intended to
provide for a wide variety of commercial activities oriented to primarily serve citywide or
regional needs. The existing theater, with daily movie screenings and live shows, is
consistent with these land use designations. The proposed alcohol service is accessory
to the primary theater use.
The Zoning Code requires a minor use permit for food service uses with alcohol sales.
However, the Code is silent regarding alcohol service within theaters, and the Community
Development Director determined that a minor use permit was the appropriate
discretionary permit application for the proposed addition of alcohol sales.
The building was constructed in 1939 and has been used as a theater with both
cinematic and live performances historically held at the theater. Lido Theatre is
considered a landmark theater, which means a structure used as a cinema or theater
that was constructed on or before December 12, 1950; has a single screen or stage;
and was designed to seat more than three hundred (300) people. In order to help
preserve historic structures, encourage their adaptive reuse, and revitalize the older
commercial areas in which they are located, Section 20.38.070 (Landmark Structures)
grants relief from restrictions on nonconforming structures and uses. Therefore, the
principal use of the theater, including the increase in live shows offered, is not required
to undergo discretionary review and this Minor Use Permit addresses the addition of
alcohol sales.
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:
Lido Theatre Alcohol Sales (PA2014-048)
Planning Commission, August 11, 2014
Page 5
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 applicant proposes alcohol service during movie screenings and live events.
Because the atmosphere of each activity is significantly different, review of the
application considers each separately. Movies create a more relaxed, quiet setting.
Cinemas across the nation are now offering alcohol to complement food service. In
Newport Beach, use permits have been issued for alcohol service with movie
screenings at Island Cinema and The Port Theater. Operations at the venues have not
generated significant issues for the surrounding uses or the Police Department.
Live events, or concerts, create a higher energy which typically generates more alcohol
consumption. The combination of live music, alcohol sales, and a large venue seating
six hundred twenty-five (625) persons may create conflicts with surrounding uses as
patrons leave the theater at late hours. There are also a high number of visitors to this
area, especially during summer, which contributes to late night activity and calls for
service on the peninsula.
The establishment is located within Police Department Reporting District (RD) 15, which
includes the area from Lido Village to the Newport Pier. The crime rate for RD 15 is
7,446.13 Part 1 crimes per 100,000 persons, which is greater than adjacent primarily
residential Reporting Districts. The higher number of crimes and arrests in RD 15
compared to adjacent RDs is due to the high concentration of commercial land uses in
the area.
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:
Lido Theatre Alcohol Sales (PA2014-048)
Planning Commission, August 11, 2014
Page 6
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.
The General Plan Land Use Element, Coastal Land Use Plan, and Zoning Code
designate the subject property as General Commercial (CG), which are intended to
provide for a wide variety of commercial activities oriented to primarily serve citywide or
regional needs. The existing landmark theater is consistent with the CG land use
designation as it offers daily movie screenings and live shows that serve local and
citywide residents and visitors. Lido Theatre is considered a landmark theater, and
therefore, the principal use of the theater is not required to undergo discretionary review
and this Minor Use Permit is limited to the addition of alcohol sales. The allowed uses in
the vicinity include retail sales, personal service, office, and restaurant uses.
Potential Actions
The following actions may be considered:
1. Approve the application as requested allowing alcohol sales during movie
screenings and live events.
2. Approve alcohol sales for movie screenings only. Alcohol sales would be authorized
on the mezzanine and access to this area would be limited to patrons twenty one (21)
years of age and older. Additionally, alcohol sales would be provided throughout the
theater (both the first and second level) during screenings that are limited to patrons
twenty one (21) years of age and older.
3. Suggest specific operational changes that are necessary to alleviate any concerns.
4. Deny the application.
Lido Theatre Alcohol Sales (PA2014-048)
Planning Commission, August 11, 2014
Page 7
Given the complexity of this application, staff has not yet completed its
recommendations to the Commission. An additional meeting is scheduled with the
applicant, Police Department, and Community Development, after which staff will
provide the Commission with a project recommendation via a supplemental
memorandum. The memorandum will also include resolutions for the Commission's
consideration.
Environmental Review
The project is 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.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within three hundred (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 ten (10) days before the scheduled meeting, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
Prepared by: Submitted by:
Fhni Weno, Associate Planner Bren la Wisnesl i, ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution —Approve (to be provided)
PC 2 Draft Resolution — Deny (to be provided)
PC 3 Applicant's Project Description
PC 4 Reporting Districts Map (to be provided)
PC 5 Police Department Recommendation and Alcohol Statistics (to be provided)
PC 6 Correspondence Received
PC 7 Site Photos
PC 8 Project Plans
8
Attachment No. PC 1
Draft Resolution — Approve (to be
provided)
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Attachment No. PC 2
Draft Resolution — Deny (to be provided)
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Attachment No. PC 3
Applicant's Project Description
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City of Newport Beach
Planning Department
100 Civic Center Drive/PO Box 1768
Newport Beach, CA 92658-8915
Re: Lido Live, L.L.0
Minor Use Permit Application
3459 Via Lido
Newport Beach, CA 92663
Minor Use Permit Application
Justifications and Findings
The following justifications and findings meet the criteria for Section 20.52.020 F of the Newport Beach
Municipal code for the Zoning Administrator to approve the following request for a Minor Use Permit
Application for the Lido Theatre.
The use is consistent with the General Plan and any applicable specific plan;
Under the General Plan Lido Plaza Shopping Center is designated "Commercial General" or CG by the
Land Use Element of the General Plan and is not located in a specific plan area. Under the General Plan
CG (General Commercial) designation is described as: "intended to provide retail, entertainment,
service, and supporting uses that serve local and regional residents". 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 CG designation. The dining and entertainment currently offered by
the Lido Theatre meet this designation and is in line with the neighboring businesses by adding a unique
and luxury entertainment option for local residents and tourist visiting the Balboa Peninsula.
The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
The Lido Theatre is located within the area of the Balboa Peninsula zoned Commercial General CG,
which allows commercial recreation and entertainment, uses including movie theaters and eating and
drinking establishments. The allowed uses in the vicinity include retail, office, and restaurant
commercial uses. The existing theatre and the proposed alcohol service are consistent with surrounding
land uses. Alcohol service within the theatre will be restricted to the hours between 11 am to 11pm.
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The intent of the Commercial General Zoning is to allow for uses that support existing retail, dining, and
commercial entertainment. Lido Plaza Shopping Center is intended to be a vibrant regional retail/
entertainment center as a day/evening destination with a wide variety of businesses that serve visitors,
residents, and employees of the area. The proposed changes to add beer and wine service with the
theatre are compatible with other uses within the Balboa Peninsula.
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).
The Design, Location, Size and Operating Characteristics of the use are compatible with the allowed
uses in the vicinity.
The Lido Theatre has operated in this location since 1939 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 service of alcohol will be restricted to between the hours of 11:00 am and 11:00 pm daily.
The point of sale for all Alcoholic Beverages will be sold in the main lobby during all movies; an
additional point of sale will be available at the balcony mezzanine during live concert performances.
There are no residential properties, or other incompatible land uses,within the immediate vicinity of the
theater.
The Lido Theatre will 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 Theatre.
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 the public services
and utilities.
The project site is located within an existing movie theater building.
There is adequate public and emergency vehicle access, public services, and utilities are provided within
the existing infrastructure. Lido Plaza Shopping Center is an outdoor retail shopping center with wide
walkways. There are several surface parking locations and loading areas throughout the center.
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.
We will ensure all potential conflicts with the surrounding land uses are minimized to the greatest
extent possible. We will take all reasonable steps to discourage and correct objectionable conditions
that constitute nuisance areas surrounding the property and adjacent properties during business hours.
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The proposed beer and wine service is provided as a public convenience for all live performances/
movie theater customers. 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.
The hours of operation will be between 11:00 am to 1:00 am daily.
The proposed changes will not change the principal movie theater use.
The Lido Plaza Shopping Center provides the required parking for the entire center and the proposed
amendment does not change or increase the parking requirement.
Overall,the theatre's location and services will be beneficial to the harmonious and orderly growth of
the city and will not constitute a hazard to the public convenience, health, and general welfare of
persons residing in or working in the neighborhood of the proposed use.
Proiect Description
We are the new tenants of the Lido Theatre soon to be called Lido Live located in Newport Beach. The
Theatre was built in 1939 and has primarily been a movie/live entertainment landmark in Orange
County. We are requesting a Minor Use Permit and Operator License to the City of Newport Beach. The
theatre has been operating successfully with daily movies, live performance and philanthropic Events for
over 20 plus years without incident.
National Food and Beverage Company is applying for Minor Use Permit with the following request.
1. The service and consumption of Alcoholic Beverages by patrons 21 years or older.
2. The point of sale for all Alcoholic Beverages will be sold in the main lobby during all movies; an
additional point of sale will be available at the balcony mezzanine during live concert
performances.
3. Hours of operation.
4. Ability to sell quick serve foods (popcorn, hotdogs, nachos, pizza, sandwiches) and drinks in the
main lobby only.
Gross Floor Area (sq. ft.) 9,720
Parking 310 spaces
Number of employees 15 Estimate
Number of Seats 625
Operational Changes
The Lido Theatre will produce 19 live performances per year. If required,we will apply for Special Event
Permit for all performances pursuant to Municipal Code Chapter 11.03. We will continue to show daily
movie screenings. All Live Music performances will be 21 year or older in the theatre. All movie
screening's upper balcony will be a 21 or older to accommodate for the sale of alcohol,and we feel it is
17
a safety issue to not have children in the balcony. Alcohol will not be served on the first level unless the
screening is for people 21 years of age or over. The classical pairing of food and a movie has evolved
into drinks with a movie. The concept has been growing exponentially across the nation as theatres are
adjusting their customer experience to increase ticket sales and recoup declining profits. With the
struggling economy and increasing rents,the availability of having food and a drink with a movie allows
theatre operators to attract audiences in the 30-45 year old range and provide the ultimate movie/live
music experience that elicits customer loyalty. Lido Live is looking to establish itself as a premiere movie
screening/live performance destination in Orange County.
Currently, Lido Live is a single screen auditorium. All Live Music performances will be 21 years or older
and will be carded prior to entering the building. Once the age of the customer has been initially
verified,the customer will be marked on the right hand indicating they have been screened including for
movie screenings as well.
Liquor License
We are currently applying for a type 41 liquor License with the Alcoholic Beverage Control defines as an
ON SALE BEER&WINE—EATING PLACE- (Restaurant)Authorizes the sale of beer and wine for
consumption on or off the premises where sold. Distilled spirits may not be on the premises(except
brandy, rum,or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed
premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual
and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.
Lido Live has applied for a variance for the type 41 liquor license. They have advised us that with the
cooperation of Woody's Diner that their kitchen facility that is located adjacent to the theatre is within
the allowable distance to be used as a satellite kitchen for the Lido Theatre. Woody's Diner, along with
Zpizza will be providing sandwich packaged foods to be sold during movies and all live concert
performances.The arm rests of the seating allows placement of all drinks.All Live Music performances
will be 21 year or older in the theatre. All movie screening's upper balcony will be a 21 or older to
accommodate for the sale of alcohol. Alcohol will not be served on the first level unless the screening is
for people 21 years of age or over.
In terms of considering auditoriums, Lido Live will not be modifying the current seating or theatre layout
and will continue employing the current monitoring practices employed by the staff. This means that
any employee who handles or serves alcohol will be required to complete Responsible Server Training
course or Training for Intervention Procedures (TIPS). Alcoholic drinks will be sold in cups that are
clearly distinguishable from the other non-alcoholic drinks available for purchase. Patrons will not be
required to purchase any concessions in order to view a screening. Entry to the auditorium will continue
to be limited to patrons who have purchased a ticket for a movie screening or performance.
The point of sale for all Alcoholic Beverages will be sold in the main lobby during all movies; an
additional point of sale will be available at the balcony mezzanine during live concert performances.
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Patrons will be able to order food and drinks from the counter and bring their purchases to their seat.
Under a Minor Use Permit we know customers are restricted to purchasing no more than 2 drinks shall
be sold or served to any one (1) person during any sales transaction.
Lido Live will have a comprehensive alcohol policy which oversees all aspects of service and
consumption. Lido live will provide a safe, convenient location for the responsible on site sales and
consumption of the alcoholic beverages paired with movies and live music entertainment.
Hours of operation:
The theatre will open daily at 11:00 am and close around 1:00 am. Last screening will begin anywhere
from 10:00pm. The hours of movie screenings is consistent with other theatres in the area throughout
Orange County including The Port Theatre, Triangle Square Cinemas, Century Huntington Beach,
Woodbridge Movies 5, Regency Westminster 10 and AMC Tustin 14 all offer movies during this period.
The ability to offer customers flexibility in screening times will be more convenient due to only having
one screen. Alcohol service will end at 11 pm daily.
Seating Area:
Current seating configuration of the Lido Theatre consists of a total of 625 fixed seats including the
downstairs and the second floor balcony. The main floor has a total of 438 seats and the balcony has
187 seats. We have no plans to replace the current chairs or increase the seating count for the Lido
Theatre.
Proposed Construction:
There will be no proposed construction changes either inside or outside of the Lido Theatre. We realize
by making any type of construction changes will trigger an ADA upgrade for the building,the Landlord
and the new tenant are not prepared to tackle the remodel of this theatre at this time. The Theatre will
be repainted but as we have pointed out to the City of Newport Beach and had discussions with Jamie
Murillo(Planning City of Newport Beach),the property is not a registered Historical Building and we
would not need the permission or hire consultants to simply repaint the building. If you have any
questions please discuss it directly with Jaime Murillo or Don Howard Executive Vice President of the
Fritz Duda Company at 949-723-7100 ext 207 or dhoward@fritzduda.com.
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Attachment No. PC 4
Reporting Districts Map (to be provided)
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Attachment No. PC 5
Police Department Recommendation and
Alcohol Statistics (to be provided)
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Attachment No. PC 6
Correspondence Received
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Save the Lido Theater
31oo Via Lido
Newport Beach, CA 9x663
June 3, 2014
��o�ov�o ey
Mr. David I(iff �pMMUN17Y
City Manager
City of Newport Beach JUN 0
10o Civic Center Drive
Newport Beach, CA 9266o DEVF40PMENT or.
RE: Lido Live - Lido Theater o/' 1VewPo0
Dear Mr. Kiff,
I am very concerned about the changing of the Lido Theater from a movie theater
to Lido Live, which appears to be live music concert arena, nightclub with bar.
This change of use could have severe impacts to the neighborhood and could have
negative impacts to the Lido Village neighborhood including traffic, noise, and
impacts to a landmark building.
Lido Live posters are all over the shopping center. According to the Lido Live
marketing material indicates it Lido Live will have over 20 concerts per year, solo
artists, nationally touring bands, and DJ events and that it will attract over 250,000
people per year. This equates to over 4,800 concert patrons per week, which is
a huge increase in the number of people than the movie theater draws. Thus it
appears that Lido Live is going to be a live music performance space and a
nightclub with DJ's, full bar with thousands of patrons per weekend which is a
significant change of use from the current use as a neighborhood movie theater.
I am concerned about the impacts of this change of use. The neighborhood has
had to fight live music venues that have caused significant negative impacts such
the old Warehouse Restaurant and the Wine Bar/rage location in Lido Village.
The impacts of Lido Live could include:
1) Traffic-A live music venue will create significant impact with 700 or
more people all descending on Lido Live for a concert then leaving all at
once. A movie theater rarely sells out but a concert venue frequently
sells out so the number of automobiles on the Via Lido and Newport
Boulevard will increase with a live concert venue. If they project
250,000 attendees per year this is a huge increase in the number of
people than the existing movie theater draws and thus a huge increase
in traffic.
z) Parking- I don't believe the shopping center has enough parking to
accommodate concertgoers who will use parking for 4-6 hours while
they watch a band or dance with a DJ. I am concerned the parking will
overflow into the neighborhood and we will have concertgoers after
midnight walking through the neighborhood to find their cars causing
impacts to local residents. Parking is at a premium in Lido Village and
we don't need to add to already impacted parking situation. If they
charge for parking like they have recently been doing this will even
worsen the parking situation and there will be huge lines of cars trying
to get into the parking lots and pay for parking backing up traffic on Via
Lido and Newport Blvd.
3) Noise -The Lido Movie Theater does not operate real late at night with
the last movie over around midnight. A concert venue will generate lots
of people leaving concert later than a movie theater operates which will
cause noise impacts on the neighborhood. A live concert venue can
generate large groups of intoxicated or high patrons leaving late at
night. The last show of the Lido Theater has very few patrons which has
minimal noise impacts versus a concert venue where the entire venue of
700 empties all at once late at night into our neighborhood.
4) Historic Character of the Lido Theater - the Lido Theater is a landmark
in the community. It was beautifully restored to its original luster by
the Regency folks over ro years ago and been well maintained. The
exterior art deco features are integral to the character of Lido Village.
The interior murals, which depict the animals of the ocean glowing in
the dark, have been a fixture in the community since it opened in the
1930's. I hope the City can make sure that the architectural character of
the building is maintained and the interior murals don't get painted
over or the exterior isn't changed to some boring design like the West
Marine. Losing this landmark including the murals would be a
significant impact to the cultural heritage of Newport Beach.
5) Building Facilities - The movie theater is not designed to function as a
DJ nightclub or live music concert facility. In a movie theater there is
less demand for restrooms since the length of stay is z hours versus 700
people in a building for 4 or more hours for a concert drinking alcohol
and eating food. There is no men's room downstairs and no women's
room upstairs. I don't think the building has ever had air conditioning
since it can be warm in the summer, which may be OIC for ioo people in
a movie for z hours but not for 700 people with all the lights and
equipment for a rock concert. The website says Lido Live will have a full
bar but I dont think the theater has a kitchen so I don't know how they
2g
would serve food and alcohol without the proper facilities. The City
needs to make sure that the building has the proper fire alarms and
sprinklers for a concert that might have pyrotechnics, a stage, lighting
and sound equipment, which is different than a movie theater. I believe
this would the largest nightclub/live music venue in the City with a
huge concentration of people in a tight space.
I am very excited about the prospect of a boutique hotel at the City Hall property
and 1 don't think Lido Live will be a good neighbor for the hotel - having a bunch
of concert patrons hanging out drinking and smoking in the parking lot late at
night is not the image 1 was hoping for if I was staying a weekend at the new
boutique hotel. This is not the neighborhood for a concert nightclub venue with
live music -the area around the airport or Fashion Island would be a more
appropriate location for a live music concert hall.
I am sad to see the movie theater disappear. It has been such an integral part of
the neighborhood since the 1-930's and has been a good neighbor for Lido Village
with minimal impacts to the neighborhood while providing an important catalyst
to the economic health of the neighborhood supporting the local restaurants and
shops. The theater attracts all age groups, bringing in families, couples and
retirees into the neighborhood to see the good side of the Peninsula as well as
providing a service for the local resident. I am very concerned that Lido Live will
end up being a detriment to the neighborhood with significant impacts while not
bringing into the Peninsula people who will encourage restaurants and shops into
the neighborhood. The Peninsula has had trouble with a rowdy crowd of patron
visiting this residential neighborhood and I am concerned that Lido Live will only
exacerbate this problem we have been fighting on the Peninsula for years.
I hope the City will conduct appropriate environmental studies that study the
impacts of this change of use (including traffic, noise, parking, cultural heritage
and neighborhood compatibility) and have public hearings about the change of
use from a neighborhood movie theater to a live concert nightclub venue serving
alcohol so the residents of the neighborhood can make their concerns heard. All
of the traffic, parking, noise and other impacts need to be analyzed prior to a
concert venue opening. The historic character of the building is integral to the
Lido Village neighborhood and needs to be preserved as a landmark building -
both the exterior and the interior murals.
Sincerely,
Steve M.
Save the Lido Theater
CC: Ms. Kim Brandt, Community Development Director
2J°
INTENTIONALLY BLANK PAGE
30
LIVE
SPONSORSHIP OPPORTUNITIES
Be seen by 250,000 people during an average calendar year. �
Display your name, products and services to consumers, and make an emotional connection.
Reach your potential customers in a unique setting that allows for personal interaction.
Be a part of an environment, that will promote your business!
Hospitality, Tickets, Private Parties, VIP access.
•
Commercials
Played
Naming
RightsPresenting Sponsorships
contact
tristan@lidolive.com
AWFW
The Lido Live Balcony Club offers a truly unique experience an
....._.. will cater to a clientele who insist on the highest of standards
n _ . Your second floor mezzanine private member area will b
j(�n decorated with iconic mural art softly lit with ceiling hun
chandeliers to provide a very unique, private, setting.
As a Balcony Club member,you will always have the 1st option t
purchase tickets to any event for your family and friends befor
tickets are sold to the general public. Once you've experience
® an evening of refined hospitality as a Lido Live Balcony Clu
member,you'll wonder how you ever lived without it.
0
Get ready to experience today's latest and greatest talen
• • •r • performing as intimate solo artists, local and nationally tourin
bands, or even alongside DJ's. Don't miss this opportunit
to experience state of the art sound, lighting,and artistic cultur
by becomming a Lido Live Balcony Club Membership!
• Access to over 20 concerts per year
• Immediate show announcements ' ^ `��
• Free yearly movie passes Y1
• Share your pass with family &friends ,
• Complimentary valet parking
• Private RED CARPET entrance
• Pre-show appetizers
• Discounts on Lido Live merchandise
• Member only events For more information please contact
Attachment No. PC 7
Site Photos
33
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Attachment No. PC 8
Project Plans
47
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Summary
Number of Parking Spaces 314 sra&
Number of HaMimp Parking a v.U,
(Of which one is Ven Mamuble)
Number of Required Spoors 284 stalls
Number of Required Memlimp Spaces 8.1.16
Access Parking Awibbb 3o.so8s
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52
Regency Lido Theatre
1st Level Floor Plan
Exit to Lobby Exit to Lobby
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18 m 20 20 m 18
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Correspondence
Item No . 5a
Lido Theatre Alcohol Sales
PA2014-048
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 11, 2014 Meeting
Agenda Item 5
SUBJECT: Lido Theatre Alcohol Sales - PA2014-048
3459 Via Lido
Minor Use Permit No. UP2014-015
APPLICANT: National Food & Beverage Financial Group, LLC
PLANNER: Fern Nueno, Associate Planner
(949) 644-3227, fnueno@newportbeachca.gov
PROJECT SUMMARY
A Minor Use Permit for the Lido Theatre to allow a Type 40 (On-Sale Beer) Alcoholic
Beverage Control License, which would allow alcohol service during movie screenings and
live shows.
RECOMMENDATION
Continue this item to the September 4, 2014 meeting.
DISCUSSION
The applicant requests a continuance to allow additional time to prepare for the
meeting.
Public Notice
This agenda item was noticed in accordance with the Brown Act and Municipal Code.
Should this item be continued the September 4, 2014 meeting, additional notice will not
be required.
Prepared by: Submitted by:
Fkr6 Weno, Associate Planner Br n la Wisnesl i,r
ICP, Deputy Director
ATTACHMENT:
PC 1 Applicant's Request for a Continuance
Nueno, Fern
From: Tristan Ritter[tristan@lidolive.com]
Sent: Thursday, August 07, 2014 5:08 PM
To: Nueno, Fern
Subject: Lido Theatre-PA2014-048
Hello Fern
Thank you for your call this afternoon. We appreciate all your help, but with the disappointing news of not being
recommended for our request for a License 40 Beer only for the Lido Theatre, we are asking for a continuance for our
MUP to be moved to the September 4`h meeting. Our plan is to still present a MUP for the License 40 with the condition
we will work on upgrading our concession area within the next 6 months and reapply for a License 41 Beer and Wine
with a new MUP. We need time to talk with the ABC and our consultant to make sure this is due able within that time
frame.
Thank you again for your help.
Tristan Ritter
Lido Live
1
Correspondence
Item No . 5b
BURNS,MARLENE Lido Theatre Alcohol Sales
From: Nueno,Fern PA2 014-0 4 8
Sent. Monday,August 11,2014 11:49 AM
To: Burns,Marlene
Cc: Wisneski,Brenda
Subject. FW:Lido Live
Follow Up Flag: Follow up
Flag Status: Flagged
Fern Nueno, LEED AP
Associate Planner
fn ueno(a)newportbeach ca.gov
(949) 644-3227 phone
(949) 644-3229 fax
City of Newport Beach I Planning Division 100 Civic Center Drivel Newport Beach,CA 92660
A responsive,knowledgeable team of professionals guiding community development in the public interest.
From: Bob Sinclair [mailto:surfboob(abaol.coml
Sent: Friday, August 08, 2014 9:32 AM
To: Nueno, Fern
Subject: Lido Live
Dear Ms. Nueno,
I am writing this message to you and the NBCC as my support for the "Lido Live' venue at the Lido Theatre.
My wife and I have been living in NB since the early 70's and have been property owners since the mid 80's.
We feel that by allowing the opening of Lido Live as well as the exciting 80's era music acts to perform live will
only enhance the culture in our fine community. Thank you and the city council for your consideration of the
this initiative. We hope that you and the NBCC recognize its importance.
Sincerely,
Bob and Robin Sinclair
216 34th St. NB
1
Correspondence
Item No. 5c
BURNS,MARLENE Lido Theatre Alcohol Sales
From: Nueno,Fern PA2014-048
Sent. Monday,August 11,2014 11:50 AM
To: Burns,Marlene
Cc: Wisneski,Brenda
Subject. FW: In Support of Lido Live
Follow Up Flag: Follow up
Flag Status: Flagged
Fern Nueno, LEED AP
Associate Planner
fn ueno(a)newportbeach ca.gov
(949) 644-3227 phone
(949) 644-3229 fax
City of Newport Beach I Planning Division 100 Civic Center Drivel Newport Beach,CA 92660
A responsive,knowledgeable team of professionals guiding community development in the public interest.
From: Bojana Sandic [mailto:boiana.sandicCalamail.com]
Sent: Thursday, August 07, 2014 3:44 PM
To: Nueno, Fern
Subject: In Support of Lido Live
Dear Fern Nueno,
I'm writing to show my support for the new Lido Live theater and the changes being made there. I'm a local
resident and work with the Orange County Film Society, which has regularly screened films at the Lido and
continues to do so. I'm excited that the theater is expanding into concerts and other live performances, and feel
that serving beer there would be a positive addition and is in step with the trend of other nearby luxury theater
venues. Thank you for welcoming a venue like this one onto the Balboa Peninsula.
Best,
Bojana Sandic
1