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HomeMy WebLinkAbout1985 - MINOR USE PERMIT AND OPERATOR LICENSE TO ALLOW A TYPE 40 ABC LICENSE AT AN EXISTING THEATER - 3459 Via Lido RESOLUTION NO. 1985 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-011 TO ALLOW ALCOHOL SALES DURING MOVIE SCREENINGS AND LIVE EVENTS AT AN EXISTING LANDMARK THEATER LOCATED AT 3459 VIA LIDO (PA2015- 044) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lido Live, Inc., with respect to property located at 3459 Via Lido, and legally described as Parcel 1 of Resubdivision 0516 requesting approval of a Minor Use Permit ("MUP")for alcohol sales at an existing theater. 2. Located on the property is Lido Live, defined as a landmark theater by Zoning Code Section 20.38.070 (Landmark Structures) because it was constructed on or before December 12, 1950 for use as a cinema or theater; has a single screen or stage; and was designed to seat more than three hundred (300) people. 3. The applicant requests a Type 40 (On Sale Beer) Alcoholic Beverage Control License. The hours of operation are from 10:00 a.m. to 12:00 a.m. (midnight), daily. Alcohol service is proposed during movie screenings and live shows. No construction or other operational changes are proposed. 4. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG-B). 6. As directed by the City Council on April 14, 2015, all use permits for businesses on the peninsula for alcohol sales are to be considered by the Planning Commission; therefore, the Zoning Administrator referred this application to the Planning Commission for consideration and action. 7. A public hearing was held on June 18, 2015 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Planning Commission Resolution No. 1985 Page 2 of 12 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, involving negligible or no expansion of use. The proposed application involves the addition of on-site alcoholic beverage service within an existing theater. No physical changes or construction are proposed to the existing theater or property. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Subsection 20.48.030(C)(3) (Alcohol Sales) of the Newport Beach Municipal Code ("NBMC"), the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding In finding that the proposed use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales), the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The establishment is located within Police Department Reporting District (RD) 15. The adjacent Reporting Districts are RD 13 to the southeast on the Peninsula, RD 14 to the east (Lido Island), and RD 16 to the northwest. The Part 1 crime rates for 2014 are provided in the table below. 2014 Part 1 Crimes per 100,000 Persons RD 15 RD 13 RD 14 RD 16 City Crime Rate 6,518.62 4,123.71 1,647.66 3,169.91 2,421.06 RD 15 includes Lido Village, McFadden Square, and commercial uses along Balboa Boulevard and Newport Boulevard. Due to the high concentration of commercial land 03-03-2015 Planning Commission Resolution No. 1985 Page 3 of 12 uses, the crime rate is greater than in adjacent, primarily residential Reporting Districts and in other areas in the City. Furthermore, there is a high number of visitors to this area, especially during summer. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. The number of alcohol-related calls for service, crimes, and arrests are greater for RD 15 than for adjacent residential Reporting Districts and in other areas in the City. The crime statistics are provided in the table below, The higher numbers in RD 15 compared to adjacent RDs are likely due to the high concentration of commercial land uses in the area and the high number of visitors, especially during summer. The operational conditions of approval relative to the sale of alcoholic beverages, including the preparation and implementation of a security plan reviewed and approved by the Police Department, will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. 2014 Crime Statistics RD 15 RD 13 RD 14 RD 16 City Calls for 9,225 4,043 1,064 4,274 97,838 Service Part 1 182 68 26 75 2,067 Crimes Part 2 618 160 28 201 3,572 Crimes Arrests 668 162 13 207 3,151 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The existing theater is surrounded by other commercial uses. The closest residential zoning district is a Two-Unit Residential (RT) Zoning District located approximately two-hundred (200) feet from the theater to the northwest across Newport Boulevard. A Planned Community Zoning District that allows for residential uses is located approximately four-hundred-fifty (450) feet east of the theater opposite Via Oporto from the Lido Plaza Shopping Center. Hoag Hospital is located north of the subject property near Newport Boulevard and Hospital Road, but not in the immediate vicinity of the theater. A religious facility is located in the area near the intersection of Via Lido and Via Malaga. The project site is not in proximity to a daycare center, park, recreational facility, school, or other similar uses that attract minors. The addition of alcohol sales is not detrimental to the community as a result of the proximity to any sensitive land uses. 03-03-2015 Planning Commission Resolution No. 1985 Page 4 of 12 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. There are seventy-five (75) active ABC licenses within RD 15. Within Lido Plaza, Woody's Diner, Bear Flag Fish Company, and Z Pizza provide alcohol service to patrons. Other establishments nearby that sell alcoholic beverages include Carnitas La Villa, Pescadou Bistro, and Bayfront Cafe and Restaurant. While the proposed establishment is in proximity to other establishments selling alcoholic beverages, the addition of alcohol sales to the existing landmark theater is acceptable because the location is a destination point for Lido Village, the use is different than other establishments selling alcoholic beverages, alcohol sales is accessory to the primary theater use, no bars or nightclubs are located in the immediate area, and other alcohol establishments are not concentrated within the immediate vicinity of the theater. v. Whether or not the proposed amendment will resolve any current objectionable conditions; The theater does not have any current objectionable conditions and the addition of alcohol service is a new request to an existing theater use. Since September 2014, Lido Live has held live shows with approved special event permits allowing alcohol sales, and there have not been any major issues during these events. Minor Use Permit In accordance with NBMC Subsection 20.52.020(F) (Findings and Decision), the following findings and facts in support of the findings for an MUP are set forth below: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The General Plan Land Use Element designates the subject property as General Commercial (CG), which is intended to provide for a wide variety of commercial activities oriented to primarily serve citywide or regional needs. The existing landmark theater is consistent with the CG land use designation as it offers daily movie screenings and live shows that serve local and citywide residents and visitors. The addition of alcohol service is accessory to the existing theater use and is consistent with the General Plan. 2. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 03-03-2015 Planning Commission Resolution No. 1985 Page 5 of 12 Facts in Support of Finding 1. The zoning designation for the subject property is Commercial General (CG), which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing landmark theater is consistent with the CG Zoning District as it offers daily movie screenings and live shows that serve local and citywide residents and visitors. The addition of alcohol service is accessory to the existing landmark theater and is compatible, as conditioned, with the land uses allowed within the CG Zoning District and surrounding neighborhood, such as retail sales, personal service, office, and restaurant uses. Alcohol sales is an allowed use upon the approval of an MUP. 2. Lido Live is defined as a landmark theater by Zoning Code Section 20.38.070 (Landmark Structures) as it is a structure used as a cinema or theater that was constructed on or before December 12, 1950; has a single screen or stage; and was designed to seat more than three hundred (300) people. To help facilitate continued use of landmark theaters, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located, NBMC Section 20.38.070 (Landmark Structures) grants relief from restrictions for landmark theaters. Therefore, the principal use of the theater, including movie screenings and live shows, is not required to undergo discretionary review and this MUP is for the addition of alcohol sales at the existing landmark theater. 3. Lido Plaza Shopping Center is developed with a surface parking lot containing three- hundred-ten (310) spaces. The proposed sale of alcohol does not change or increase the parking requirement. 4. The project has been conditioned to limit objectionable conditions resulting from the service of alcohol at movie screenings and is required to comply with all applicable Municipal Code regulations. 5. The addition of alcohol sales to the theater is consistent with the standards and permit requirements of NBMC Section 20.48.030 (Alcohol Sales). The purpose and intent of NBMC Section 20.48.030 is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. 6. Due to the alcohol sales and late hours of operation, approval of an Operator License by the Newport Beach Police Department is required, and Operator License No. OL2015- 004 is being reviewed concurrently by the Chief of Police pursuant to NBMC Chapter 5.25. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity- 03-03-2015 Planning Commission Resolution No. 1985 Page 6 of 12 Facts in Support of Finding 1. Lido Live is a single-screen theater that is nine thousand seven hundred twenty (9,720) square feet in area, and contains a lobby, office, storage areas, restrooms, and hour-hundred-seventy (470) total seats (two-hundred-eighty-one (281) on the main floor and one-hundred-eighty-nine (189) seats on the mezzanine). A theater has operated in this location since 1939 and the use has not proven detrimental to the area. 2. The existing theater use includes daily movie screenings, live performances, philanthropic events, and other assembly uses. Alcohol service within the theater will be restricted to between 10:00 a.m. and 12:00 a.m. (midnight), daily. Alcohol sales will be limited within the theater to two (2) concession areas within the lobby and mezzanine. The provision of alcohol sales will not substantially change the operational characteristics of the theater use. 3. The allowed uses in the vicinity include retail sales, personal service, office, and restaurant uses. The existing theater and the proposed alcohol service are consistent and compatible with these land uses. 4. No residential zoning districts, or other incompatible land uses, are located within the immediate vicinity of the theater. The closest residential uses are located far enough from the theater to avoid any potential land use conflicts from patrons leaving the theater. Prospective future development of residential uses within mixed-use districts nearby will be designed to be compatible with the commercial uses in the area to the greatest extent feasible. 5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including the preparation and implementation of a security plan reviewed and approved by the Police Department, will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure that the business remains a theater and does not become a bar, club, or tavern. 6. The establishment must comply with the requirements of the California Building Code, Orange County Health Department, and Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1. The Lido Plaza lot is 4.81 acres in area and developed with three—hundred-ten (310) surface parking spaces and restaurant, office, and retail uses, including Woody's 03-03-2015 Planning Commission Resolution No. 1985 Page 7 of 12 Diner, Starbucks, West Marine, and Lido Drugs. The movie screenings and live shows often occur when the other businesses in Lido Plaza are closed; therefore the existing pool of parking should be adequate. 2. The project site is located within an existing theater building. The lobby and seating areas are designed for food and beverage service. 3. Site access is provided by three (3) public streets. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. 4. Tenant improvements are not required for the addition of alcohol service to the existing theater. Any future construction will require permits and will comply with all Building, Public Works, and Fire Codes. Findin F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The operator is required to implement a security plan that has been approved by the Police Department. 2. Alcohol service within the theater will serve the residents from surrounding neighborhoods and other visitors to the area. The proposed establishment will provide alcohol service as a public convenience to theater patrons. The addition of alcohol sales is an accessory use and will not change the principal theater use. The service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. The hours of operation will be limited to between 10:00 a.m. and 12:00 a.m. (midnight), daily. 4. Lido Plaza Shopping Center is developed with a surface parking lot containing three— hundred-ten (310) spaces. The proposed sale of alcohol does not change or increase the parking requirement. The movie screenings and live shows will often occur when the other businesses in Lido Plaza are closed, thereby further minimizing any potential parking constraints. 03-03-2015 Planning Commission Resolution No. 1985 Page 8 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-011, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code, PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE, 2015. AYES: Kramer, Lawler, Myers, and Tucker NOES: None ABSTAIN: None ABSENT: Brown, Hillgren, and Koetting BY: Larry Tucker, Chairman BY: ./ J My rs ecre.ary 03-03-2015 Planning Commission Resolution No. 1985 Page 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. No removal of seats to create a standing area shall be allowed. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 4. This Minor Use Permit may be modified or revoked by the Planning Commission upon a finding of failure to comply with the conditions set forth in Section 20.48.030 (Alcohol Sales) of the Municipal Code, other applicable conditions and regulations governing alcohol service, or should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any material change as determined by the Community Development Department in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 6. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 7. Should the alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. 8. The approval is only for the sale and service of beer, which is incidental to the theater use. Wine or distilled spirits are not permitted. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 40 (On Sale Beer) in conjunction with the theater as the principal use of the facility. 9. This Minor Use Permit does not permit the venue to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 10. The hours of operation shall be limited to between 10:00 a.m. and 12:00 a.m. (midnight), daily. The hours of operation for sales and service of alcohol shall be allowed only between the hours of 10:00 a.m. to 10:30 p.m., daily. 03-03-2015 Planning Commission Resolution No. 1985 Page 10 of 12 11. Prior to implementation of this Minor Use Permit, the applicant shall provide an occupant load and exit analysis by a licensed design professional to be reviewed by the Building Division and Fire Department in order to determine the maximum occupant load and be able to properly post the occupant load in a conspicuous location, and to ensure the exiting of occupants is sufficient and property documented. Strict adherence to maximum occupancy limits is required. 12. Prior to sale and service of alcoholic beverages, a comprehensive security plan for the permitted uses shall be submitted to the Newport Beach Police Department for review and approval. The security plan shall include a guest departure plan for the conclusion of high occupancy events. The security plan shall include the provision of no fewer than eight (8) security personnel during live entertainment events. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Minor Use Permit. 13. There shall be no exterior advertising or signs, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 14. This MUP shall not authorize alcoholic beverages to be consumed outside the licensed premises. 15. The sale of alcoholic beverages for consumption off the premises is prohibited. 16. Food service must be available to patrons while alcohol service is provided. 17. All sales or service of alcoholic beverages in the licensed premises shall be made only from the concession areas. Alcoholic beverage sales shall be limited to a maximum of two (2) concession areas; one (1) located in the main lobby and one (1) located in the mezzanine/balcony. 18. Alcoholic beverages shall be dispensed, sold, and served in containers that are easily distinguishable from non-alcoholic beverage containers and containers shall not exceed 16 ounces in size. Beer shall be dispensed from kegs. 19. No more than one (1) alcoholic beverage shall be sold or served to any one (1) person during a single transaction. 20. Servers shall not carry a supply of unordered alcoholic beverages. 21. During the period of time from the initiation of seating until the completion of the feature presentation or live show, ambient lighting in the auditoriums shall remain at a level sufficient enough to allow a reasonable person to observe patrons who may be consuming alcoholic beverages. 03-03-2015 Planning Commission Resolution No. 1985 Page 11 of 12 22. No reduced price alcoholic beverage promotion shall be allowed. 23. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 24. The applicant shall not share any profits or pay any percentage or commission to any outside promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 25. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit. 26. All persons selling alcoholic beverages shall be over the age of twenty-one (21) and shall be required to undergo and successfully complete a Department of Alcoholic Beverage Control approved certified training program in responsible methods and skills for serving and selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. Records of each manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by an authorized employee of the City of Newport Beach. 27. The applicant shall post and maintain professional quality signs with lettering no smaller than two (2) inches in height that read, "No Alcoholic Beverages Beyond This Point" at all premise exits, subject to approval by the Planning Division. 28. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise-generating device shall be utilized in conjunction with this theater, except as may be allowed by a special event permit. 29. Any activities conducted outside of the building shall require approval of a special event permit. 30. The venue security personnel shall be responsible for patrolling the parking lot and adjacent areas to control loitering, noise, illicit activity, and other objectionable conditions that may occur on the property. 31. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the premises and adjacent properties during business hours, if directly related to the patrons of the subject premises. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify, or revoke this Minor Use Permit in accordance with Chapter 20.68 of the Zoning Code (Enforcement). 03-03-2015 Planning Commission Resolution No. 1985 Page 12 of 12 32. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment; however, not located on or within any public property or right-of- way. 33. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting walkways within twenty(20) feet of the premises. 34. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Minor Use Permit, 35. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 36. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Lido Live Alcohol Sales including, but not limited to, Minor Use Permit No. UP2015-011. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 03-03-2015