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HomeMy WebLinkAboutC-1579 - Off-Street Parking Agreement, Edwards Theatre, Newport Center4 PY) City Council Meeting June 12, 1989 Agenda Item No. F -14 • CITY OF NEWPORT BEACH Y,. a �: JUN 12 1989 TO: City Council _. ___. FROM: Planning Department SUBJECT: Off -Site Parking Agreement ( ' I Request to accept an off -site parking agreement so as to permit the required off- street parking spaces for the expanded Edwards Theatre Complex located in Newport Center to be located on adjoining property. LOCATION: A portion of Parcel A of Parcel Map 25 -1 (Resubdivision No. 260), and Parcel No. 1 of Parcel Map 60 -36 (Resubdivision No. 454) (building site) located at 300 Newport Center Drive on the southeasterly side of Newport Center Drive between San Miguel Drive and Anacapa Drive; and a portion of Parcel A of Parcel Map 25 -1 (Resubdivision No. 260), and Parcel No. 2 of Parcel Map 60/36 ( Resubdivison No. 454) (Off -site parking • areas). ZONE: C -O -H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Application This is a request to approve an off -site parking agreement so as to permit the required off- street parking spaces for the expanded Edwards Theatre facility to be located in off -site locations. As outlined in Section 20.63.045B of the Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off- street parking on a separate lot from the building site or sites unless: 1. Such lot is so located as to be useful in connection • with the proposed use or uses on the building site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. 3, Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee TO: City council - 2. 0 or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). is 4. The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. Suggested Action If desired, authorize the Mayor and the City Clerk to execute an off -site parking agreement between Edwards Theatres Circuit, Inc., (theatre site) and The Irvine Company (off -site parking sites). Planning Commission Recommendation At its meeting of January 7, 1988, the Planning Commission voted unanimously to • approve Use Permit No. 1527 (Amended) that permitted an additional theatre in Block 300 with 250 seats, and the continued use of compact parking spaces in the proposed parking design. The use permit was approved with the eight Findings and subject to the twenty -eight Conditions of Approval, as indicated in the attached excerpt of the Planning Commission minutes dated January 7, 1988. Proposed Off- Street Parking As shown on the attached site plan, the applicant has restriped the existing off -site parking areas located easterly and northerly of the theatre. The new parking design provides 205 parking spaces in the north parking lot which is used exclusively by the theatre, and 347 parking spaces are located in the east parking lot which is available to the theatre at night, weekends and holidays. Said parking lot will also provide 45 parking spaces during the week for midweek matinees. The applicant is proposing to provide the remainder of the required off- street parking (62 spaces), across Newport Center Drive, in the Fashion Island parking lot. The applicant has provided a letter from The Irvine Company which acknowledges the use of approximately 60 parking spaces during the evening and off -peak parking times for Fashion Island. Said parking arrangement is not a • formal off -site parking agreement; however, it does represent a commitment from The Irvine Company to allow the theatre to use a portion of the Fashion Island parking lot. Said arrangements for off -site parking have been acceptable to the Planning Commission in the past, when the parking characteristics of a project are noncritical. It should be noted that when the east parking lot was restriped, only 347 parking spaces were provided instead of 349 spaces as originally proposed. Staff is of the opinion that this discrepancy is very minor in nature, and 62 spaces will be provided on an informal basis for the theatre use in the Fashion Island parking lot. All of the 614 parking spaces required in conjunction with Use Permit No. 1527 (Amended) will therefore be maintained. TO: City • ncil - 3. Attached for the information and review of the City Council is a copy of the Planning Commission staff report which describes the applicants' request. • Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER. Director By % G 1j`f WILLIAM R. LAYCOCK Current Planning Mans r WRL /kk COUNCIL \UP1527A.612 • Attachments for City Council Only: Excerpt of Planning Commission Minutes dated 1/7/89 Planning Commission Staff Report dated 1/7/89 with attachments Site Plan • • • Planning Commission Meeting January 7. 1988 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 1527 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the expansion of the existing Edwards Theatre complex located in Newport Center, so as to add two addition- al theaters with a total of 600 additional seats. Said approval also included: the approval of a new off -site parking agreement so as to provide a portion of the required off - street parking spaces in the Design Plaza parking area; the approval of an amended off -site parking agreement for the existing parking area located at the rear of the theater; and the approval of a modification to the Zoning Code so as to allow the use of compact parking spaces. The proposed amendment involves a request to consider a new off -site parking area across the street in Fashion Island, in place of the previously approved parking in Design Plaza. The new proposal also reduces the scope of the project so as to include only one additional theater containing 250 seats and continues to use compact parking spaces in the proposed parking design. LOCATION: A portion of Parcel A of Parcel Map 25 -1 (Resubdivision No. 260), and Parcel No. 1 of Parcel Map 60 -36 (Resubdivision No. 454) (building site) located at 300 Newport Center Drive on the southeasterly side of Newport Center Drive between San Miguel Drive and Anacapa Drive; and a portion of Parcel A of Parcel Map 25 -1 (Resubdivision No. 260), and Parcel No. 2 of Parcel Map 60/36 (Resubdivision No. 454) (off -site parking areas). ZONE: C -O -H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach • OWNER: The Irvine Company, Newport Beach Application This application involves a request to amend a previously approved use permit which permitted the expansion of the existing Edwards Theatre located in Newport Center, so as to add two additional theatres with a total of 600 # )! T0: Planning Commission -2. •additional seats. Said approval also included; the approval of a new off - site parking agreement so as to provide a portion of the required off - street parking spaces in the Design Plaza parking area; the approval of an amended off -site parking agreement for the existing parking area located at the rear of the theatre; and the approval of a modification to the Zoning Code so as to allow the use of compact parking spaces. The proposed amendment involves a request to consider a new off -site parking area across the street in Fashion Island in place of the previously approved parking in Design Plaza. Said proposal also includes a request to amend the previously approved off - site parking agreements for the subject theatre. The new proposal also reduces the scope of the project so as to include only one additional theatre containing 250 seats and continues to request approval of a modific- ation to the Zoning Code so as to use compact parking spaces in the proposed parking design. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code and modification procedures are set forth in Chapter 20.81. Environmental Significance The Planning Commission and the City Council approved an environmental document in conjunction with their consideration of the original project as described above. Inasmuch as all significant environmental concerns have • been addressed in the previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project, no further environ- mental review is required. Staff has attached for the Planning Commission's information a copy of the previously approved environmental document. Conformance with the General Plan The Land Use Element of the General Plan designates the subject property for "Administrative, Professional and Financial Commercial" uses. The existing and proposed theatre facility is supportive of the predominant uses per- mitted within this designation. Subject Property and Surrounding Land Uses The subject property is currently developed with a theatre facility contain- ing two auditoriums and a total of 1,775 seats. To the northwest, across Newport Center Drive is Fashion Island; to the northeast, across San Miguel Drive, is the Block 400 Planned Community; and to the southeast and south- west are various office developments. Background and Parking History • The original Edwards Theatre was established in conjunction with the Planning Commission's approval of Use Permit No. 1347 at its meeting of March 21, 1968. Said approval permitted the construction of a 1,200 seat auditorium and included a requirement to provide 240 parking spaces based on a parking requirement of one parking space for each five seats. Said parking was approved on an off -site location in conjunction with the City Council's approval of an off -site parking agreement at its meeting of I�- TO: Planning Commission -3. •December 23, 1968. Said parking agreement provided a total of 240 parking spaces on property located at the southeasterly corner of San Miguel Drive and Newport Center Drive, and at the rear of the theatre, on sites that are directly adjacent to the theatre. It should also be noted that sometime after the approval of Use Permit No.1347, 52 additional seats were added to the auditorium although there is no record of such an approval. Attached for the Planning Commission's information is an excerpt of the Planning Commission minutes dated March 21, 1968. At its meeting of April 29, 1971, the Planning Commission approved Use Permit No. 1527 which involved a request to add a 500 seat theatre auditor- ium to the existing 1,252 seat theatre facility. The applicant, however, failed to implement his project within the prescribed period (18 months) and therefore, was required to obtain Planning Commission approval of an extension of time for Use Permit No. 1527. A one year extension was approved by the Planning Commission on October 19, 1972, and a second six month extension was granted on October 13, 1973. In accordance with the off - street parking requirement of one parking space for each five seats, the applicant was required to provide 100 additional off -site parking spaces for the theatre operation. Inasmuch as the additional parking spaces were available to the theatre at night and on weekends and holidays only, the weekday theatre matinees were limited to 1,250-seats. Said off -site parking isagreement was approved by the City Council at its meeting of October 9, 1973. Attached for the Planning Commission's information are excerpts of the Planning Commission minutes for Use Permit No. 1527, dated April 29, 1971. At its meeting of October 23, 1986, the Planning Commission approved Use Permit No. 1527 (Amended) which involved a request to expand the existing theatre so as to add two additional theatres with a total of 600 additional seats. Said approval also included; the approval of a new off -site parking agreement so as to provide a portion of the required off - street parking spaces in the Design Plaza parking area; the approval of an amended off -site parking agreement for the existing parking area located at the southeasterly corner of San Miguel Drive and Newport Center Drive; the approval of a modification to the Zoning Code so as to allow the use of compact parking spaces; and the approval of a traffic study. Said action was subject to the findings and conditions set forth in the attached excerpt of the Planning Commission minutes dated October 23, 1986. It should also be noted that the approved plans associated with this application indicated that the existing theatre facility contained 1,775 seats which exceeded by 23 seats the number of seats in the theater permitted in conjunction with the April 29, 1971 •approval of Use Permit No. 1527 (Amended). At its meeting of October 8, 1987, the Planning Commission voted to recom- mend approval of a Determination of General Plan Consistency for the transfer of 350 seats from the subject theatre site in Block 300 of Newport Center and 1,350 theatre seats from the Civic Plaza Planned Community, to Fashion Island. Said action was taken by the Planning Commission in conjunction with its consideration of various other applications associated with the establishment of the Fashion Island Planned Community Development 0 TO: Planning Commission -4. •Plan. Said transfer of seats was also approved by the City Council at its meeting December 14, 1987. Analysis In light of the above mentioned transfer of theatre seats, the applicant is now proposing to revise the previous plan for expansion of the existing Edwards Theatre, so as to include a single additional theatre containing only 250 seats. Said expansion will increase the total number of seats to 2,025. The proposal also includes a request to restripe the existing off - site parking areas so as to provide additional parking spaces through the use of compact parking spaces. Existing Off-Street Parking Requirement The existing theatre has provided off - street parking in accordance with the Zoning Code requirement which is one parking space for each five seats. Said parking requirement, based on the existing number of seats (1,250 daytime and 1,775 nighttime), requires 250 daytime parking spaces and 355 nighttime spaces. Said parking requirement is currently being met by means of the two existing off -site parking agreements discussed in the previous • background section. In conjunction with its October 23, 1986 consideration of Use Permit No. 1527 (Amended), the Planning Commission approved a midweek daytime parking requirement of one parking space for each five seats as required by the Zoning Code. However, because of the demonstrated popularity of the subject theatre facility, the Planning Commission established a larger nighttime parking requirement for midweek and weekends of one parking space for each 3.3 seats. Said parking requirement was based on a parking demand study prepared by Linscott, Law & Greenspan, Traffic Engineers, a copy of which is attached for the Planning Commission's information. It should also be noted that because the previously approved development plan reduced the number of available daytime parking spaces, the Planning Commission also limited the number of midweek matinee seats to a number established by the maximum number of daytime parking spaces, times a parking ratio of one parking space for each five seats. Based on these parking formulas, the proposed theatre facility would require 250 daytime parking spaces and 614 nighttime spaces. Proposed Off- Street Parking As shown on the attached site plan the applicant is proposing to restripe the existing off -site parking areas located easterly and northerly of the theatre. The new parking design provides 205 parking spaces in the north parking lot which is used exclusively by the theatre and 349 parking spaces in east parking lot which is available to the theatre at night, weekends and holidays. The proposed parking design includes 51 compact parking spaces in the north lot and 87 compact spaces in the east lot. Said compact parking represents 25 percent of the total parking provided within the off -site parking areas which is 554 spaces, including 8 handicap spaces in the (4 TO: Planning Commission -5. easterly parking lot. •The applicant is proposing to provide the remainder of the required off - street parking (60 spaces), across Newport Center Drive, in the Fashion Island parking lot. The applicant has provided a letter from the Irvine Company which acknowledges the use of 60 parking spaces during the evening and off -peak parking times for Fashion Island. Said parking arrangement is not a formal off -site parking agreement; however, it does represent a commitment from The Irvine Company to allow the theatre to use a portion of the Fashion Island parking lot. Said arrangements for off -site parking have been acceptable to the Planning Commission in the past, when the parking characteristics of a project are noncritical. Staff has no objections to the use of the Fashion Island parking lot, provided that the applicant can ensure that patrons will use the crosswalk at the intersection of San Miguel Drive and Newport Center Drive rather than crossing Newport Center Drive in the middle of the block. In discussing this issue with the applicant, he has indicated that a low wrought iron fence could be placed in the landscape planter area between the Fashion Island parking lot and the public sidewalk, which would cause theatre patrons to walk to the corner before crossing Newport Center Drive. If such a barrier could be installed, staff would have no objections to the use of the Fashion Island parking lot. • Revised Off- Street Parking_ Agreements Inasmuch as the number of required parking spaces to be provided in the existing off -site parking areas have changed as a result of the proposed expansion and the redesign of the parking, it is necessary for the applicant to revise his existing off -site parking agreements so as to include the revised parking figures previously discussed. Staff has no objections to the revised off -site parking agreements. Proposed Traffic Signal at Newoort Center Dr. and San Miguel Dr. In conjunction with its consideration of Use Permit No. 1527 (Amended) in October of 1986, the Planning Commission required that the applicant contribute 25 percent of the cost to construct a traffic signal at the intersection of Newport Center Drive and San Miguel Drive. Said requirement was recommended by the Public Works Department on the basis that the subject theatre was a significant contributor of traffic in the area and therefore should participate in the cost of constructing the signal. Although the applicant has reduced the scope of the project, the Public Works Department is still recommending that the applicant contribute 25 percent of the cost for the traffic signal. It should be further noted that the installation of •the traffic signal is scheduled to go to bid in January of 1988. Specific Findings and Recommendations Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to TO: Planning Commission -6. the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimen- tal or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends the approval of Use Permit No. 1527 (Amended), and suggests that the Planning Commission take such action, with the findings and subject to the conditions set forth in the attached Exhibit "A". PLANNING DEPARTMENT JAMES D HEWI Directo bp , 1 am a "'U nd Senior Planner Attachments: Exhibit "A" Vicinity Map Previously Approved Negative Declaration is Excerpt of Planning Commission Minutes dated March 21, 1968, April 29, 1971 and October 23, 1986 Previous Parking Demand Study Off -Site Parking Letter from The Irvine Company Site Plan, Floor Plans and Elevations • \(_1 i TO: Planning Commission -7. • EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1527 (AMENDED) FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the Planning Commission has approved an environmental document in conjunction with its consideration of a previous project which permitted a 600 seat addition to the theatre facility. Inasmuch as all significant environmental concerns have been addressed in the previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project, no further environmental review • is required. 3. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 5. The off -site parking areas are located so as to be useful to the proposed theatre use. 6. Parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. 7. That the additional vehicular and pedestrian traffic generated by the expanded use increases the need to install a traffic signal at Newport Center • Drive and San Miguel Drive and the need to have sidewalks connecting the theatre to the public street. 8. The approval of Use Permit No. 1527 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental • TO: Planning Commission -8. • or injurious to property or improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification to the Zoning Code, so as to permit the use of compact size parking spaces for a portion of the required off - street parking, is consistent with the legisla- tive intent of Title 20 of the Municipal Code. 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527 shall be null and void. 3. That amended off -site parking agreements shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that the • following off -site parking locations shall be provided to the subject theatre: a. Parcel A of Parcel Map 25 -1 (Resubdivision No. 260) located at the southwesterly corner of Newport Center Drive and San Miguel Drive. Said parking shall be for the exclusive use of the theatre and shall provide 205 parking spaces. b. Parcel No. 2 of Parcel Map 60- 36 (Resubdivision No. 454) located at the rear of the subject theatre. Said parking area shall provide a minimum of 45 daytime parking spaces for midweek matinees and 349 nighttime parking spaces for the subject theatre. • 4. That the mid -week daytime matinees shall be limited to a maximum of 1,250 seats, and that a minimum of 250 off - street parking spaces shall be required (i.e. one space /5 seats). 5. That a minimum of one parking space for each 3.3. seats (614 parking spaces) shall be provided for the subject theatres on weekday evenings beginning It T0: Planning Commission -9. • at 5:30 p.m., on Saturdays and Sundays and recog- nized holidays and that during such times the maximum number of theatre seats shall be 2,025 seats. 6. That the applicant shall provide on an informal basis, 60 parking spaces within the Fashion Island parking area located adjacent to and southwesterly of the intersection of Newport Center Drive and San Miguel Drive. 7. That a continuous, permanent barrier, at least 30 inches high shall be constructed between the off - site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. S. That the on -site vehicular and pedestrian circula- tion systems shall be approved by the City Traffic Engineer. • 9. That all signs shall be provisions of the Newport in conformance with Beach Municipal Code the and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition, prior to the issuance of building permits. 11. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. • 13. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 14. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. ,y T0: Planning Commission -10. • 15. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineer- ing geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 16. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regular- ly trimmed and kept in a healthy condition. 17. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 18. That all access to the buildings be approved by the Fire Department. • 19. That all improvements be constructed as required by ordinance and the Public Works Department. 20. That the displaced portions of sidewalk along the Newport Center Drive frontages and San Miguel Drive frontage be reconstructed and curb access ramps be constructed at the corner of Newport Center Drive and San Miguel Drive and the drive entrances off Newport Center Drive and San Miguel Drive. All work shall be completed under an encroachment permit issued by the Public Works Department. 21. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the Public Works improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 22. That the applicant shall contribute 25 percent of the cost of installing a traffic signal at Newport Center Drive and San Miguel Drive prior to obtain- ing building permits. 23. That occupancy of the proposed theatre expansion shall not be permitted until the installation of the proposed traffic signal at Newport Center Drive and San Miguel Drive is completed. 24. That a sidewalk be constructed between the Newport Center Drive walk and the front of the theatre with TO: Planning Commission -11. location and design to be approved by the Public • Works Department. 25. That the landscaping along San Miguel Drive shall be removed or trimmed so as to provide adequate sight distance from the driveway on San Miguel Drive, in accordance with City Standard Plan 110 -L. 26. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 27. This use permit shall expire unless exercised within 24 months .from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. a( Y /CiN /Tj',�1,4P� i / v o n s II[l11� tip R>w in 0 Dow 60 205 �'� .. P� , � /93/7•/8 349 .esve zeo - r, ^' of TRACT 6015 S _--------- "• • P.M JN3) "�;,,. • A� ,,,�, '_' t�► ME -� "T71ME SPA HOW PAVS • �����`� /rill IV' /���`� ,...,,,.. ' MRCEL / 3 766 E �tCC� • _- RES n . 14W � .f srcra s i / v o n s II[l11� tip R>w in 0 Dow 60 205 �'� .. P� , � /93/7•/8 349 .esve zeo - r, ^' of TRACT 6015 S _--------- "• • P.M JN3) "�;,,. • A� ,,,�, '_' t�► ME -� "T71ME SPA HOW PAVS • �����`� /rill IV' /���`� ' I u • 4 ��VFPORT CITY OF NEWPORT BEACH v = P.O. BOX 1768. NEWPORT BEACH, CA 92658-8915 NEGATIVE DECLARATION TO: Office of Planning and Research Q 1400 Tenth Street, Room 121 Sacramento, CA 95814 ❑County Clerk of the County %t of Orange P.O. Box 838 Santa Ana, CA 92702 FROM: Planning Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 NAME OF PROJECT: Additions to Edwards Cinema PROJECT LOCATION: 300 Newport Center Drive, Newport Beach, Ca. PROJECT DESCRIPTION: Addition of two new auditoriums containing a total of 600 seats. FINDING:. Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined.that the proposed project will not have a significant effect on the environment. MITIGATION MEASURES: See attachment. INITIAL STUDY PREPARED BY: The City of Newport Beach INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach; CA RECEIVED FOR FILING: Environmental Coordinator DATE: /C' - r(o - 3:300 Newvott Boulevard, Newport Beach 4" 1 0 iii APPENDIX H Late Filed /Yttf t'cN Zf3 , / %SG Environmental Information Form (To be completed by applicant) GENERAL ZMRMATION 1. Name and address of developer or project sponsor: Frxusreos � Ar .Es eleez rT i,VC. 2. Address of project: _aiCc� A16a� Cf�t 2e_ QeW,14F.. Assessor's Block and Lot m .r 3 Name, address, and telephone number of person to be contacted concerning this project: . /L/iYlF_S F_�u2DS </h° lv- 5l(003 • 4. Indicate number of the permit application for the project tp which this form pertains: PF�?/JJi7-AW.. /6-0 i>_X4x2e,0 5. Ust and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: eyj /�/� /�lJ� JyJY•' iirle�t,� 6. Existing zoning district: C' f, ;y yiST.�' ✓CT. T. Proposed use of site (Project for:which. this.form lit filed): ir,rlG C� n1w 7- mr417',2G - ADn1T2 C4-' Fib 71e,,— A%6u' Ay0174812,rs1S C•GrG•T.•r /tiiNF _ (oGC .c,'Et.L SE�a75. 8. Site size. 9. Square footage. �aTinG•' �,�75'F /fSf9J �3, >GC �•�Fi' 7?_7 -, iZ_ ¢Z, 2 10. Number of floors of construction. • ,11. Amount of off- street parking provided. D47': "17¢. 12. Actach plans. YFj 13. Proposed scheduling. IVIA 1)" 'Associated: project6. Ai1A 15. Anticipated incremental development. */A • C • H2 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 18. If industrial, indicate type, estimated employment per shift, and loading facilities. 19. If institutional, indicate the mayor function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application Is required. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO k 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. V 22. Change In scenic views or vistas from existing residential areas or public lands or roads. x 23. Change In pattern; scale or character of general' area of project. 24. Significant amounts of solid waste.or litter. 25. Change In dust, ash, smoke, fumes or odors In vicinity. 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or,alteration of existing..dralnage patterns. 2(. Substantial change in existing noise or vibration levels In the vicinity. _ 28. Site on filled land or on slope of.10 percent. or.morC: 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives..., H3 • YF„; NO 30. Substantial change.in demand for municipal services (police, fire, water, sewage, etc.). 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). ,X 32. Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING 33. Describe the project site as it exists before the project, Including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures. on the site, and.the use of the structures: Attach photographs of the site. Snapshots or polaroid photos will be accepted. • 34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, ets.), intensity of land use (one - family, apartment houses, shops, department stores, etc.) , and scale of development (height, frontage, set- back,.rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. CERTIFICATION: I hereby certify that the statements furnished a-6oe arm in the attached exhibits presci.t the data and lnfor -. mation required for this initial evaluation to the'best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and beliei'. Date ( � ts.4'. i" /9 l __6( ^.C'l�Ye.0 �. gna ure) For • APPENDIX I FNVIRONMENTAL CNECYLIST FORM Environmental Checklist Form (To Be Completed By Lead Agency) I. Background 1. Name of Proponent EpG(,IJQ/'L614, bJ/IelAAX/(/ CU &U*:& %LULG- 2. Address and Phone Number of Proponent 3. Date of Checklist Submission 4. Agency Requiring Checklist � (( �Q((>T/9) ,1 S.. Name of Proposal, if applicable ^ fa/>l/>Litldure�.L�O �r/i�j ( (LtOt4, II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction; covering or modi- fication of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off.the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may. modify the channel of a river or stream or'the bed of the ocean or any bay, inlet .'or . lake? 73 YES MAYBE NO I 0 i • f 0 g. Exposure of people or property to geological hazards such as earth- ' quakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deteri- oration of ambient air quality? b. The creation of objectionable odors? ` is 11AYBE NO c. Alteration-of air movement, moisture or temperature, or any change in climate, either locally or regionally? 7. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c. Alterations to the course of flow of flood waters? �( d. Change in the amount of surface water in any water body? e. Discharge into surface waters or in any alteration of surface water quality, including but.not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of waters ?' ground g. Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through. interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount.; of water other.vise available for i public water supplies ?. i. _Exposure of people or property to I water related hazards such as flooding or. .tidal waves? -- za.: Z. PPE -2A :22 r i YES MAYBE 1Al 4_ Plant Life. Will the proposal result in: • a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? .. c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? S. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, \/ or insects)? J� b. Reduction of the numbers of any unique, rare or endangered species of animals? h c. Introduction of new species of ani- mals into an area, or result in a barrier to the migration or movement of animals? d. Peterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? • b. Exposure of people to severe noise levels? 7. Light and Clare. Will the proposal produce new light or glare? — - B. Land Use. will .the .proposal result' in -a substantial alteration of the present or planned land_use of an area? - - 75 C • • • '' • 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use (if any natural resources? b. Substantial depletion of any non- renewable natural resource? 10. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation.or.movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazardous to: rotor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an .eff ^ct upon, or cesult.in a.'need for new or altered Rovernmental� services in any of the folicwin.t areas: 76 . YFS MAYBE tie _X_ T is L N FAN m H ®' � PPE-2A: 24 i i YES MAYBE • a. Fire protection? b. Police protection? c. Schools? L • d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Ener&Z Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Hater? d. Sewer or aeptic tank37 . e. Storm water drainage? E. Solid waste and disposal? 17. Human Health. Will the proposal result in: a.. Creation of any health, hazard or potential health hazard. (excluding. mental health)? b. Exposure of people to potential health.haiacds?. 18. Aesthetics. Will, the proposal resolt,in the obstruction of any acenic.vista.or view open to the public, or will the proposal, result ... . in the creation of an aesthetically offensive,aite' open �to public.view? NO X �J _L1.. .I X X X X X YES ?'AYBE NO 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? • 20. Archeolog: cal /Historical. Will thr proposal result in an alteration of a significant archeological or historical site, structure, object or building? Y 21. Mandatory Findings of Significance. a. Does the.project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of X California history or prehistory? • b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief definitive period of time while long- term impacts will endure well into the future.) c. Does the project have impacts which . are individually limited, but cumu- latively considerable? (A project' may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial • adverse effects on human beings, either directly or indirectly? IC7. Discussion of r'.nvironmeotal Evaluation Determination To be completed by. the Lead Apency) .)8:. . Q (i (i On the basis of this initial evaluation: • O I find that the proposed project COULD NOT have a sill be apreparedt on the environment, and a NEGATIVE DECLARATION will be prepared. I could have a significant find that although the proposed project effect on the environment. there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the . A NEGATIVE DECLARATION will project proj be prepared. Qproject MAY have a significant uired. on the I find the proposed environment, and an ENVIRDNMENTAL IMPACT REPORT is ceq a • Date (Note: This is only .a suggested form. their own format for initial studies.) Signature a p For Public agencies are free to devise 79 .3.3 • MITIGATION MEASURES 1. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities,,to minimize any potential impacts from silt, debris, and other water pollutants. 3. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 4. The velocity of concentrated runoff from the project.shall'be evaluated and erosive velocities controlled as part of the project design. 5. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 6. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 7. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may .require automatic fire sprinkler protection. 8. That all access to 'the buildings be approved by the Fire Department. DOD/ jm :1 -• A *Y OF NEWPORT BEAChi March 21, 1,968 • The application, saes approved subject to the fo'ilcwir,g conditions: 1. -cat the sale or bavr and Brine be in connection With a bona ride eating dace. 2. The use permit to be granted for 2 year period. COMMISSIONERI Motion I `x! Second x' i All Ayes' 1 i I i i I ? -1347 EDWARDS THEATRES CIRCUIT, INC. 5.t. Lorner Newport Center ?PROVED Drive East and San Miguel Dr.' Par. block 93 Irvine's Subdivision Zone C- 0 -8-UL i Applicant requests approval to construct a theatre in the C- 0 -H -UL District. Mr. David Kaylor represented the applicant at I the neeting. j I The application was approved subject to the Motion �xj following conditions: Second x1 i All Ayes_ 1. That an access agreement for the sub- ject parcels be approves by the I. Planning Director and City Attorney. ) i 2. That the parking agree -ent of The Irvine Cor. ::.5ny and E dwards Theatre Circuit, Inc. be sub -fitted for approval or the ?fanning Director and City mttorcey. I 3. ec; ;;p tcc set o` woraing drawings su:;star.tiai co - -pi ar. c2 'filth tl'e . ::pprovi d prelt i..,inary plans and includ- ..; Gut -,ltd picG.icg and irrigation ;lar,s sr.ail `vc s :ttc: -. to the Planning irect r nor a ;j)roval r :itnin a one year perio::. Fa,'I „rc to provide s u c n plans ar.d gci,. a':, necessary planning appro- vals sPall cause the use permit to be- co:.e r. .I and void unless an extension ;i r uestec and approved. . 4. ;.:1 ui ding and site signing and light, ing shall be identified on v+or::ing d r a viings and approved by the Planning ' Director prior to the issuance of a building permit. I i i I I.. Page 9. C04MISSIONERS fp F ZGv^t^G .an mG'9Z 9N 9,99! '° si^ py�n9 oZ f 9y t^! ZZ ' MINUTE October 23, 1986 CITY OF NEWPORT BEACH R All INDEX satisfactory to the City Attorney and the Planning D ctor, providing for a mutual easement for ingre , egress and parking on the subject lots. 4. That the me island in Bayview Place at Crystal Bay Drive be m 'fied to remove the island from the crosswalk area conformance with plans to be approved by the Public rks Department. S. That an agreement and acc anying surety be provided to guarantee satisfacto completion of the public improvements if it is desi d to obtain a building permit prior to completio of the public improvements. A. Use Permit No. 1527 (Amended) (Public Hearing) Item No. • Request to amend a previously approved Use Permit which Use Perm permitted an expansion of the existing Edwards Theatre No. 1527 in Newport Center located on property in the C -O -H District. The proposed amendment includes a request to TS further expand the theatre so as to add two new audi- — toriums containing a total of 600 new seats. The proposal also includes: a modification to the Zoning Approved code so as to permit the use of compact parking spaces; the approval of an amended off -site parking agreement for a portion of the required off - street parking at the southeasterly corner of Newport Center Drive and San Miguel Drive and the approval of a new off -site parking agreement for a portion of the required off - street parking involving a portion of the Design Plaza parking area, located at the northwesterly corner of Avocado Avenue and Farallon Drive; and the acceptance of an environmental document. i AND • B. Traffic Study (Public Hearing) Request to approve a traffic study so as to permit the addition of. two new auditoriums containing a total of 600 new seats at the .existing Edwards Theatre complex in Newport Center. LOCATION: Parcel A of Parcel Map 25 -1 (Resub- division No. 260), and Parcel No. 1 of ?� Parcel'. Map .60 -36 (Resubdivision No.. 454) (building. site) 'arid Parcel A'of -4- 60MMISSIONERS CITY OF NEWPORT BEACH MINUTE October 23, 1986 RISCALL INDEX NW Parcel Map 25-1 (Resubdivision No. 260) and Parcel No. 2 of Parcel Map 60-36 (Resubdivision No. 454) (off-site parking lots) , located at 300 Newport Center Drive, on the southeasterly corner of Newport Center Drive East and San Miguel Drive, and a portion of Design Plaza at the northwesterly corner of Avocado Avenue and Farallon Drive in Newport Center. ZONE: C-0-H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Commissioner Merrill stepped down from the dais because of a possible conflict of interest. James Hewicker, Planning Director, referred to Condition No. 4 regarding the*required mid-week daytime matinee parking spaces of one parking space for each 3.29 seats, and he stated that the staff has no objections if the parking requirement would be changed to one parking space for each 5 seats. Mr. Hewicker explained that the requirement of one parking space for each 5 seats was suggested in the proposed project's Parking and Traffic Study. Donald Webb, City Engineer, referred to Condition No. 23, requesting "two additional stairways be constructed between the upper and lower parking areas with loca� tions to be approved by the Planning Department and the Public Works Department". Mr. Webb further stated that .the applicant has indicated that The Irvine Company may object to the construction of one of the stairways; therefore., he proposed that Condition No- 23 be modified to state "provided The Irvine Company will allow the second stairway to be constructed". Mr. Webb explained that staff felt that as much access as possible should be.provided to the theatre parking area from the 'lower. parking area. He said that The Irvine. Company has made arrangements with the applicant to allow additional parking in the rear of the Design Plaza; however, . they may object to a stairway adjacent 'to the Good Earth Restaurant. Mr. Webb commented that staff did, not want to. the applicant in a -position put 0 Y nnlssloNE "s P. CITY: OF NEWPOk April 29, 1971 MINUTES ru 5. That �­eY,-,,,,,,i--,—,,ed and any violations shall be corrected. Ito Request to permit a 500 seat addition to the existing 1252 USF seat Edwards Newport Cinema. NU Location: Parcels I and 2, Block 300, Newport Center, located at 300 Newport Center Drive East, on AP the easterly side of Newport Center Drive East between Anacapa Drive and San Miguel Drive Zone. C-0-H Applicant: Edwards Theatres Circuit, Inc., San Gabriel N. Owner: The Irvine Company, Newport Beach Zoning Administrator Hewicker presented the application to the Commission. A lengthy discussion ensued regarding the off-street., parking. Chairman Jakosky noted, that he periodr i,cal ly requests :a tally count of:the.parking for the entire area but to date; a full count has not been received. Mr. Jim Edwards was present and stated that the only facilities open at night, when the "joint use" of parking would be used, are the theatre and Milo's Health Club. It was noted that the theatre addition would be operated after 5:30 P.M. except on Saturdays, Sundays and holidays. It was noted that they would show different pictures in each theatre. After further e1scussion, the application was approved, subject to the following conditions: I. That a resubdivision application be filed incorporat- ing the entire theatre site. Said resubdivision shall not require further Planning Commission review. 2. That a legal description describing the site be furnishe6 to the Department of Community Development. 3. The applicant will furnish the City an off-site park- ing agreement, satisfactory to the City Attorney, providing for the joint use of 100 parking spaces to be available after 5:30 P.M. on weekdays and all day on Saturdays, Sundays and holidays. 4. Matinee showings in both theatres shall not exceed 1250 at any one time except on week ends and holidays. Page 6. MA4 7 v. ......VIVVV4.]JIVIVGRJ:, :` - -Y OF: NEWPORT BEW1 .. .. anI M l i 1��c\� April 29, 1971 MINUTES I 5. Landscape plans, including a watering facilities plan, prepared by a landscape architect, licensed • landscape contractor or architect, shall be submitted to and approved by the Director of Community Develop- ment. Landscaping shall be separated from paved areas by a raised curb six (6 ") inches in height. Item 7. Request to permit a drive -up auto teller facility at the USE Newport National Bank. PERMIT M. %28 Location: Portion of Block 93 of Irvine's Subdivision, located at 1666 MacArthur Boulevard, on the APPROVED .southwesterly corner of Pacific View Drive and MacArthur Boulevard (realigned). ^� r Zone: C 0 -H licant: :Newport National Bank, Newport, Beach " Owne The Irvine Company, Newport, Beach <,t3 ironing A rtistrator Hewlcker presented: the application to tfi Commission. Mr. Paul Ruffin with William P. Ficker, Architect, represent ed the applicant d answered questions of the Commission. Motion X Following a discussio regarding the driveways, circulation Second X and pedestrian crosswal the application was approved, All Ayes subject to the following ditions: 1. The stacking lanes be s iped and furnished with directional markings to t satisfaction of the City Traffic and Parking Enginee 2. Pedestrian crosswalks shall be rked between the two adjacent parking areas and th sidewalk leading to the main entrance. Item 8. Request to permit the sale of alcoholic beverages eer and USE wine only) in conjunction with a combination delicate en/ P MIT restaurant located within 200 feet of a residential dis ict. 29 Location: Portion of Lot 2, Tract 4824, located at 1132 APPROVED Irvine Avenue (Westcliff Plaza). Zone: C -O -H < Page T. I COMMISSIONERS ZG qP` 3c^yG tog G. 'mGpy 9� y9t! 'O yi^ 9e^o"9(^y y9y��yo�9�^ 9yc"t l • , MINUTE! October 23, 1966 CITY OF NEWPORT BEACH WWALL INDEX wherein they would not be able to comply with the condition. In response to a question posed by Chairman Turner, Mr. Webb replied that the location of the second stairway is not under the leasehold of the applicant. Mr. Webb stated that the applicant must construct one additional stairway and there appears to be no problem with that request. The public hearing was opened in connection with this item, and Mr. -James Edwards, representing the applicant,, appeared before the Planning Commission. Mr.. Edwards stated that the parking arrangement with The .Irvine Company for the additional 269 parking spaces are at the easterly end of Design Plaza. He said that there is one existing stairway and that they have no objections to the request for two additional • stairways; however, he said that the stairway closest to the theatre is back of the Good Earth Restaurant and that is an area of which the theatre has no jurisdiction. Mr. Edwards stated that the applicant concurs with the findings and conditions in Exhibit "A" including modified Conditions No. 4 and No. 23. The public hearing was closed,at this time. Motion x Motion was -made to approve Use Permit No. 1527 (Amended) and related Environmental Document subject to the .findings and conditions in Exhibit "A ", including modified Condition No. 4, requesting "the maximum number of mid -week daytime .parking spaces of..one parking space for.,each 5. seats"; and the addition to Condition No. 23, "—provided The Irvine Company Ayes N x x x permits the construction of the second stairway ". Absent x x x Motion voted on, MOTION CARRIED. Motion x Motion was made to approve Traffic Study subject to the x .x X findings id Exhibit Motion voted on, MOTION . nt x x x CARRIED.. _ ... A. ENVIRONMENTAL DOCUMENT: l.. That: an .Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the - State CEQA- Guidelines, and Council Policy K -3.. �O 2;. the contents of the environmental document . have been considered in the various., decisions on St this project. . COMMISSIONERS �ymG 1" 11P,p00.0 yy �.i CITY OF NEWPORT BEACH October 23�N1.16 R ALL INDEX 3. The project will not have any significant environ- mental impact. B. TRAFFIC STUDY: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj- ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour p.m. peak period on one leg of one critical intersection. • 3. That the Traffic Study indicates that the proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary - modified', or 'primary' street. USE PER MIT NO. 1527 (Amended): Findings: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with • the proposed development. 4. The off -site, parking areas are located so as,to be. useful to the proposed theatre use. 5. Parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. COMMISSIONERS • m999'p 't l• ►y) October 23'NABT 6E: CITY OF NEWPORT BEACH R ALL INDEX 6. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the subject theatre. 7. The approval of Use Permit No. 1527 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification to the Zoning Code so as to permit the use of compact size parking spaces for a portion of the required off - street parking is consistent with the legisla- tive intent of Title 20 of the Municipal Code. Conditions: • 1. That development shall be in substantial confor- mance with t'n,e approved plot plan, floor plan, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527 shall be null and void. 3. That an approved off -site parking agreement shall be approved by the City Council, and be recorded in the Countv Recorder's Office, guaranteeing that the following off. -site parking locations shall be provided to the subject theatre: a. Parcel A of Parcel Map 25 -1 (Resubdivision No. 260) located at the southwesterly. corner of Newport Center Drive and San Miguel Drive. Said parking shall be for the exclusive use of the theatre and shall provide the maximum number of parking spaces ap- • proved by the City Traffic Engineer, and in no case shall said parking area provide less than 143 parking spaces. b. Parcel No. 2 of Parcel Map 60 -36 (Resubdivision No. 454) located at the rear of the subject theatre. Said parking area shall provide a minimum of 50 daytime parking spaces and 310 . nighttime parking spaces for the subject theatre.. C(IMMISSIONERS -0 '9y�.p oZ � ry C ys Co�9 yo�9 . MINUTE October 23, 1986 CITY OF NEWPORT BEACH ROWWALL INDEX C. A portion of Parcel No. 3 of Parcel Map 60 -36, located in the easterly portion of Design Plaza. Said parking area shall provide a minimum of 269 nighttime only parking spaces. 4. That the mid -week daytime matinees shall be limited to the number of seats as established by the maximum number of daytime parking spaces, times a parking demand ratio of one parking space for each 5 seats. The number of daytime parking spaces shall be established in conjunction with the City Traffic Engineer's approval of a new parking design for the parking area at the southeasterly corner of San Miguel Drive and Newport Center Drive. Said parking area shall be redesigned so that the number of compact spaces shall not exceed 25.oercent of the total number. of • parking spaces in said parking area. 5. That a minimum of 722 parking spaces shall be provided for the subject theatre on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that during such times the maximum number of theatre seats shall be 2,377 seats. 6. Handicap parking spaces shall be provided in accordance with Title 24 of the Building Code. 7. Prior to occupancy, the applicant shall submit 'a plan describing signing and other traffic controls to direct traffic to the off -site Parking Area No. 3. Said plan shall be approved by the Traffic Engineer. 8. That the on -site vehicular and pedestrian circu- lation systems shall be approved. by the City Traffic Engineer. • 9. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by .the .City. Traffic Engineer if located adjacent to any vehicular. ingress and egress. 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to �[ establish a legal building site 'for the proposed theatre addition. -9- COMMISSIONERS tiB Gp �9 �9 9 any Gpy�'no pi 9 F• Fy Zp 1' <<yo�t�o r CITY OF NEWPORT BEACH MINUTE October 23, 1986 R ALL INDEX 11. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 14. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 15. That grading shall be conducted in accordance with • plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 16. Landscaping shall be regularly maintained free of weeds and debris. All vegetation' shall be regu- larly trimmed and kept in a healthy condition. 17. That prior to the issuance of building permits, the Fire Department shall 'review the proposed plans and may require automatic fire sprinkler protection. 18. That all access to the buildings be approved by the Fire Department. • 19. That all improvements be constructed as required by ordinance and the Public Works Department. 20. That the displaced portions of sidewalk along the Newport Center Drive frontages and San Miguel Drive frontage be reconstructed and curb access ramps constructed at the corner of Newport Center 1 Drive and San Miguel Drive and drive entrances off Newport Center Drive. and San Miguel Drive. All -10- C-b'MMISSIONERS I O'� CITY OF NEWPORT BEACH MINUTE October 23, 1986 RftCALL INDEX work shall be completed under an encroachment permit issued by the Public Works Department. 21. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the Public Works improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 22. That the applicant contribute 25 percent of the cost of installing a traffic signal at Newport Center Drive and San Miguel Drive prior to obtain- ing building permits. 23. That two additional stairways be constructed between the upper and lower parking areas with locations to be approved by the Planning and Public Works Departments, provided The Irvine Company permits the construction of the second stairway. 24. That a sidewalk be constructed between the Newport Center Drive walk and the front of the theatre with location and design to be approved by the Public Works Department. 25. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the -revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, -morals, comfort, or qen.q�ral welfare of the i:ommunity. 26. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20,80.090 A of the Newport Beach.Municipal Code. • • LINSCOTT, LAW & GREENSPAN, ENGINEERS TRANSPORTATION PLANNING • TRAFFIC ENGINEERING • PARKING 1580 CORPORATE DRIVE. SUITE 122. COSTA MESA. CALIFORNIA 92626 • 1714) 641 -1587 August 22, 1986 Mr. W. William Ward, Senior Planner CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Subject: PARKING DEMAND FORECAST EDWARDS NEWPORT CENTER CINEMA EXPANSION Dear Mr. Ward, PHILIP M. LINSCOTT. P.E. JACK M. GREENSPAN, P.E. WILLIAM A. LAW, P.E. PAUL W. WILKINSON. P.E. LEON D. WARD, P.E. DONALD W. BARKER. P.E. As you requested, we have prepared the following forecast of the amount of parking which would be needed to support the planned expansion of the current two.auditorium, 1777 seat, Newport Center Cinema, to a four auditorium theatre of around 2377 seats. Briefly, we conclude that a total of 722 parking spaces would be needed. This is based on a demand factor of 0.306 spaces per total theatre seats. The demand factor has been derived from analysis of field survey data compiled from several theater studies, including Edwards Newport Cinema. Existing Conditions Edwards Newport Center Cinema is located on the southwest corner of Newport Center Drive and San Miguel Drive. The theatre contains two auditoriums with a total of 1777 seats. Auditorium One has 1252 seats and Auditorium Two has 525 seats. A total of 503 parking spaces are. provided in two..lots adjacent to the theater. The first lot (designated Lot A) is in front of the theatre on the corner of Newport Center Drive and San Miguel Drive. Lot A contains 197 spaces, with driveway access from Newport Center Drive via an entry court at the front of the theatre, and from San Miguel through a common driveway which is shared with the other parking lot. (designated Lot B): Lot -B contains 306 spaces and is situated behind the theatre. This lot is shared with adjacent office development which fronts on San Miguel. Parking.in Lot B is essentially completely available for theatre patrons on weekends and holidays. When both Lots A and B are used, a tatio of 0.28.spaces per_seat is available to support - theatre parking.demand: The "Design Plaza•, also adjacent to the theater has a total of 647 parking spaces. OTHER OFFICES PASADENA (213) 6874¢29 A SAN DIEGO 1619) 299,3o90 0 Linscott, Law & Greenspan, Engineers • Page Two CITY OF NEWPORT BEACH August 22, 1986 Proposed Plan Current plans call for two auditoriums, to be added on the easterly side of the present theatre building, to produce a total of 2377 seats. The existing parking lot (Lot A) is proposed to modified with the addition of the two auditoriums and compact parking.spaces. A revised Lot A parking space total of 174 spaces brings the total available parking spaces, 0.20 spaces per seat. heatre Parkin Surve To determine existing theatre parking characteristics, field surveys were conducted on Friday, July 18, 1986 and Saturday, July 19., 1986. Friday, July 18, 1986 was the opening of the widely advertised movie "Aliens" in the 1252 seat auditorium competing with the - popular "Top Gun" movie. in the. 525 seat • auditorium. The surveys consisted of -,a' count of all vehicles parked in front of (Lot A) and behind (Lot B) the Newport Center Cinema building. Survey data is also included for theater parking which occurred in the Design Center, south of the site, and the shopping center lot adjacent to Robinsons. It should be noted that theater attendents were positioned in Lots A and B to direct overflow parking to the Design Center parking facility and that tow trucks were utilized to tow illegally parked (aisles and fire lane) vehicles.. Attendents directed overflow parking to the Design Center via San Miguel Drive, Avacado Avenue, Farallon Drive and Anacapa brive. Pedestrian access is provided via a staircase between the theater.parking Lot B and the Design Center and also by the sidewalk along Newport Center Drive. The time each count was made was coordinated with the starting times of the evening shows as shown below. The counts were conducted in 15 minute intervals to illustrate the demand created by in- theatre and waiting patrons:. Auditorium Movie Show Times One (1252 seats) "Aliens" 7:30 PM, 10:15 PM Two (525. seats) "Top. Gun" 6:00 PM, 8:30 PM, 10:40 PM • Table.l (at the.rear of this letter report) shows the. results of the Friday survey and Table 2 the Saturday survey. The total number of vehicles parked in front of.(Lot A) and behind (Lot B), the theatre , the. Design Center and shopping' center parking lots . is: shown as well as the resulting . pbserved -demand ratio., in spaces per total seats.:.: The Friday. survey day, with, a' total t Linscott,.Law & Greenspan, Engineers • Page Three CITY OF NEWPORT BEACH, August 22, 1986 attendance of 3046 persons for all shows, indicates a demand of 0.45 spaces per seat at 8:00 PM. on Saturday, the evening demand rates were similar, with a peak of 0.45 spaces per total seats at 9:00 PM. Saturday attendance was 3263 persons with 801 (24.5 percent) during the matinee performances and 2462 (75.5 percent) in the evening. Figures 1 and 2 (behind the tables at the rear of this letter) present the Friday and Saturday parking counts in a graph format. These figures graphically show the buildup of parking for the main evening show, which includes both in- theatre patrons and patrons arriving for the last evening show. Table 3 presents the fifty highest attendance days for 1985, and Table 4, the 26 highest 1985 Saturday attendance figures: Placing the surveyed Saturday (July 19, 1986) into perspective,, indicates a ranking between the 8th and 9th highest days on an annual (1985) basis and the 7th and 8th highest days for Saturday (1985) attendance figures. The ranking for the surveyed Saturday appears to be indicative of the opening of a highly publicized movie ( "Aliens ") and a popular, although longer running movie ( "Top Gun "). Average Vehicle Occupant The results of the Saturday evening survey indicates an average vehicle-occupancy of 2.3 persons per vehicle. This is based upon in- theater parking of 1057 vehicles total for the evening shows (331 at 6:00 PM and 726 at 7:30 PM) with:an evening attendance of 2462 persons. Percent Total Theater Occupancy Total theater occupancy the Saturday evening survey was approximately 58 percent. Based upon attendance figures and parking. data for the peak period theater patrons utilizing the shopping center parking lot, west of Newport Center Drive, peaked • at 7:45 PM.with 125 vehicles parked. The peak '15 minute change in parking demand occurred between 7:45 PM and 8:00 PM with d reduction in 16 vehicles or the equivalent of 37 pedestrians (16 x 2.3 = 36.8) crossing.'Newport Center Drive. Typical .major motion picture releases occur during - the summer months, targeted . to the. youth. market... As'. such, approximately., half of the pedestrian movements aare, made during daylight period. i Linscott, Law & Greenspan, Engineers • Page Four CITY OF NEWPORT 'BEACH August 22, 1986 The largest pedestrian flow would occur at the conclusion of the last showings when an estimated 202 (88 x 2.3) pedestrians would cross from east to west. This movement would occur at a late hour with a reduced traffic volume demand on Newport Center Drive. A Friday matinee parking survey was also conducted per your request. Parking Lots A and B were surveyed at mid - morning (10:30 AM) and every fifteen minutes beginning at 11:30 AM until 7:00 PM.- The first show began at 1:30 PM ( "Heartburn ") the second feature following'at 1:45 PM ( "Aliens"). Prior to the theater opening, 10:30 AM to 12:00 PM parking Lots A and B averaged 0.145 spaces per theater.seat, reflecting office and restaurant parking demands. A reduced noon hour period demand is evident, with an increased demand beginning at 1:00 PM. Assuming, an average office /restaurant demand of 0:145 spaces/theater seat, an increased parking demand of'0.015 spaces occurred at 1:30 PM and 0.019 spaces per seat at 1:30 PM reflecting the theater demand: Based upon a 78 theater occupancy • factor (132 persons) for the 1:00 PM to 2:00 PM time period, the 34 vehicles associated with the theater represents an occupancy rate of 3.9 persons per vehicle. A Friday matinee is more likely to produce a large amount of drop -off patrons. Assuming a 50 percent patron drop-off (61) produces a vehicle occupancy of 1.79 persons per vehicle for the-34 vehicle parking increase between. the 1:00 PM - 2:00 PM time period. The mid - afternoon parking demand for Lots A and .B occurred at 2:15 PM with a total of 305 parking spaces occuppied out of 503 total spaces. Figures .3 and .4 present the results of Friday and Saturday parking ratio design curves for theater studies conducted by Linscott, Law & Greenspan. As evidenced by the parking ratio design ratio curves Saturdays produce the largest damend, including a parking overlap, at approximately 0.306 spaces per seat. Based upon previous theater studies,by Linscott, Law, 5 Greenspan, • typical theater, operations result in the following: vehicular occupancy rates range from 2.2.to.2.6, a parking overlap of 12 to 40. percent, and theater. occupancy of .40 to 708. Edwards:Newport r. Cente Cinema: survey indicates.2.1 person's per vehicle occupancy., a 30 percent-parking. overlap and.a 58 percent theater. occupancy. ,0 0 Linscott, Law, & Greenspan, Engineers • Page Five CITY OF NEWPORT BEACH ' August 221 1986 Design Day As a means of developing a realistic parking demand ratio to use in forecasting future demand the 1985 attendance figures have been analyzed on a day by.day basis to arrive at a Design Day for the theater. From Table 3r the fifty highest attendance days for 1985, we have chosen a daily attendance of 2300 persons as the Design Day. As indicated, 33 days could be expected to experience greater attendance. Based on the 1985 data, 91 percent of the years attendance could be expected to be less than the Design Day, 9 percent having greater attendance. A total of 6 of the fifty highest days were a Fridayr Saturday or Sunday indicating a good probability for the Design Day to occur on a Friday, Saturday.or Sunday.' Typically* a multi- screen.theater, showing a popular movie will experience- capacity cr.owd.s in one auditorium.with -other • auditoriums having relatively shall audiences. We have, therefore, chosen a representative total occupancy of 50 percent for use with the 2300 person attendance Design Day. The total occupancy rate has'been developed based on an. expected distribution of 75.5 percent of the days attendance to the evening shows (the 10th highest Saturday. indicated a 79 percent distribution and the surveyed Saturday 80 percent) with equal attendance at both evening showings (see Figure 2), as indicated below. Percent Total occupancy. = Attendance x Evening Factor Two Shows x Total Seats 2300.x 0.75 0:485 2 x 1777 Parking Demand Ratio A Design Day.parking demand.ratio of 0.30 spaces per total seats has been developed. This is based on an attendance of 2700 • persons with.a.peak total seat occupancy of SO percent, at an average vehicle ,.occupancy of 2.3 . persons per,.ve.hicle (as .. determined from the Saturday survey) and. a 40 percent overlap between in. theatre'and waiting patrons (as determined from. the Saturday survey-;::see Figure 2i :as, follows. Linscott, Law & Greenspan, Engineers • Page Six CITY OF NEWPORT BEACH August 22, 1986 Parking Demand Ratio = One Seat x Occupancy Rate x Overlap Vehicle Occupancy = 1.0 x 0„50 x 1.40 = 0.304 2.3 Parking Demand Forecast A total of 722 spaces is forecast to be needed by the expanded 2377 seat theatre using the 0.304 space per seat demand ratio developed above. Conclusions With a projected demand for 722 spaces,., the planned expansion of • Edwards Newport Center Cinema to 2377 seats produces a need for 242 additional parking spaces. Very truly yours, LINSCO f, LAW & GRE SP INC. Donald W. Barker., P.E. Principal DWB:ck 0-715 • Linscott, Law & Greenspan, Engineers W89 /T1 TABLE 1 PARKING SURVEY EDWARDIS NEWPORT CENTER Friday - July 18, CINEM 1986 DESIGN SHOPPING TIME '. LOT 'AN _ LM "B" 3 PLAZA LOT CENTER LOT LHGAL/ILLDGAL LOGAL/ILLDGAL 6:00 170 - 167 - NC NC 6:15. 186 - 181 - NC NC 6:30 187 - 217 - NC NC 6:45 189 - 248 - NC NC 7:00 189 7 255 4 137 97 7:15 192 7 261 4 181 109 197 7 276 4 181 111 •7:30 7:45 197 7 306 4 181 125 8:00 197. 7 306 1 181 109 8:15 197 7 306 3 192 111 8:30 197 4 . 306 1 211 98 8:45 197 3 306 5 211 101 9:00 197 4 303 4 211 105 9:15 197 6 300 0 179 96 9:30 197 5 306 1 141 96 9:45 191 3 306 3 133 96 10:00 188... 4. 267. 4 125 89 10:15 164 3 258 0 99 101 10:30 169 0 261 0 _. 81 91 10:45. 172 1 242 0 78 88 * Includes illegally parked vehicles. ' Show times: "Aliens" - 11:00, 1:45,.4:30, 7:30., 10:15 "Top Gun ". - .12:30, 3 :15, 6:00,.8 :30, 10:40 2 Lot "A" total = 197 spaces, "Illegal" = Vehicles parked outside.. marked spaces. Lot "B" total = 306 spaces, "Illegal "' = Vehicles parked outside marked spaces:" Based: upon 1777 total seats (1252 in Aud) X = Not Counted t • Linscott, Law & Greenspan, Engineers • 0889/T2 TABLE 2 PARKING saRm EDP ms NEiEMM CENTER Saturday - July 19, Cnam, 1986 DESIGN SHOPPING TIME 1 LOT "A"_ 2 LOT "B" ' PLAZA LOT CENTER LOT LEGAL/ILLEGAL LEGAL/ILLBGAL 6:00 181 - 150 - - - 6:15 186 - 177 - - - 6:30 187 - 201 - - - 6:45 189 - 222 - - - 7:00 195 - 236 - - - 7:15 197 - 251 - - - 7:30 197 3. -278 4. 131 113 197 3 306 4 131 113 •7:45 8:00 197 3 306 4 139 116 8:15 197 5 306 4 151 120 8:30 197 5 305 4 151 132 8:45 197 5 306 4 142 132 9:00 197 4 306 3 149 139 9:15 197 5 306 3 142 127 9:30 197 5. 306 2 142 127 9:45 197 6 306 4 133 131 10:00 188 6 306 5 125 138 10:15 190 6. 299 5 108 146 10:30 182 6 281 5 111 146 10:45 182 6 281 5 101 143 * Includes. illegally parked vehicles..:'. ' Show times: "Aliens" - 11:00, 1:45, 4:30, 7:30, 10:15 "Top.Guri" - 12:30, 3:15, 6:00, 8:30, 10:40 = Lot "A" total = 197 spaces, *Illegal" = Vehicles parked outside marked spaces. '.Lot "B" total = 306.spaces,.. "Illegal" = .Vehicles parked outside marked spaces.. ` Based upon 1777:total.seats (1252 in Aud) Linscott, Law & Greenspan, Engineers • TABLE 3 FIFTY HIGHEST DAYS ASTffiIDANCE — 1985 Edwards Newport Cinema Newport Beach, California RANK RANK RANK ORDER ATTENDANCE DAY ORDER ATTENDANCE DAY ORDER ATTENDANCE DAY 1 4361 Sat 18 2660 Sat 35 2242 Mon 2 4297 Sat 19 2629 Sun 36 2235 Fri 3 3906 Fri 20 2628 Sun 37 2230 Sun 4 3647 Sat 21 2596 Fri 38 2219 Fri 5 3645 Sun 22 2543 Sun 39 2213 Sun 6 3592 Sat 23 2508 Sun 40 2207 Sat 7 3453 Sat 24 2462 Sat 41 2195 Sat 8 3379 Sat 25 2460 Thu 42 2176 Sat 9 3238 Sun 26 2429 Sat 43 2175 Sat 10 3158 Sat 27 2399 Sat. 44 2174 Sat 3157 Fri 28 2369 Sun 45 2166 Sat •11 12 3031 Sun 29 2369 Sun 46 2138 Thu 13 2898 Sat 30 2352 Sun 47 2133 Sat 14 2843 Sat 31 2339 Fri 48 2068 Sat 15 2838 Sat 32 2316 Sat 49 2060 Sun 16 2762 Sat 33 2303 Sat 50 2020 Sat 17 2675 Wed 34 2299 Fri • Linscott, Law & Greenspan, Engineers • TABLE 4 YEAR 1985 SATURQAY ATE Edwards Newport Center Cinema RANK ATTENDANCE RANK ATTENDANCE 1 4361 14 2462 2 4297 15 2429 3 3906 16 2399 4 3647 17 2369 5 3592 18 2316 6 3453 19 2303 7 3379 20 2207 8 3158 21 2195 9 2898 22 2176 10 28 23 2175 • 11 2838 38 24 2174 12 2762 25 2166 13 2660 26 2133 TIME i Linscott, Law & Greenspan, Engineers io TABLE 5 PARKING SURVEY EDWARDS NEWPORT CENTER CINEMA Friday - July 25, 1986 LOT "A" LOT "B" LEGAWILLEGAL LEGAL/ILLEGAL TOTAL OBSERVED DEMAND (SPACES/ TOTAL SEATS) 10:30AM 15 - 237 - 252 0.142 11:30AM 30 - 226 2 258 0.145 11:45AM '34 - 228 2 264 0.149 12:OOPM 37 - 217 1 255 0.144 12:15PM 38 - 195 4 237 0.133 12:30PM 37 - 187 3 227 0.128 12:45PM 37 - 180 3 220 0.124 1:OOPM 49 - 189 2 240. 0.135 1:15PM 67 - 179 0 246 0.138 *1:30PM 67 194 1 282 0.159 *1:45PM 97 _ 192 2 291 0.164 2:OOPM 100 2 195 1 " 298 0.168 2:15PM 98 3 203 1 305 0.172 2:30PM 93 3 204 2 302 0.170 2:45PM 94 3 205 1 303 0.171 3:OOPM 91 4 201 2 297 0.167 3:15PM 96 4 204 2 306 0.172 3:30PM 71 3 198 2 275 0.155 3:45PM 85 3 195 2 285 0.160 4:OOPM 100 3 193 3 299 0.168 4:15PM 72 4 188 3 267 0.150 4:30PM 85 4 180 6 274 0.154 4:45PM 90 4 170 4 268 0.151 5:OOPM 90 5 165 5 265 0.149 5:15PM 105 7 133 5 250 0.141 5:30PM 12 7 113 1 246 0.138 5:45PM 175 9 96 3 283 0.159 6:OOPM 196 12 118 3 329 0.185 6:15PM 197 18 120 1 336 0.189 6:30PM 197 18 130 1. 346 0.195 177 20 158 2 357 0.195 •6:45PM 7:OOPM 197 19 190 1 408 0.229 1st matinee _(Heartburn): ** = 2nd Matinee (Aliens). O O - O ..O O O O O O O - O- O C.. .O OO � co - A 0 p y l9 N Ve O = z cc o a 0 4 p w 3 r 0 OP co A m r fn (D "1I J O) _ c W w z } i- W U ui O ' � C O O 1- a Q w Ve O = z cc o F 4 . A ¢ ¢ O o c x > > r fn (D a J O) _ W C w z } i- W U ui O ' � C O O 1- a Q w Ve O = z cc o Y LL a a CC 3 Q o a W N d d C C W C N C d C7 b J o _4 J r N ;.rte F- 0 J 0 Z � U W 0) W � � r Z U! -i � � r C O } a w U' 0 Z Z C o Y -C ir Q V) o a W fig. N d d C m 0 W C A O N C d d u A J O v N 1i N Q C d d 3 N J O u C J M wr cc C) U LL Y V K J 'Z^ 4 w K O I Y N F O < 2 _ Y cc • ; < u u_ a < O pK „p z i a N Q C d d 3 N J O u C J • i �trls 7 s77ras 7u�pwd ouve ou nlevi V O i kO p v Z O S Z Z 7 S S 4 S o s i / y cr o �CC U � z� 0 a U) W 0 O a M 0 z X Q a a c m m v J 0 u J • IRVINE RETAIL PROPERTIES COMPANY December 4. 1987 Mr. James Edwards III Edwards Theatres Circuit, Inc. 300 Newport Center Drive Newport Beach. CA. 92660 RE: LETTER OF AGREEMENT — PARKING. FASHION ISLAND Dear Mr. Edwards: This will hereby recognize that The Irvine Retail Properties.Company acknowledges the continued use for approximately 60 spaces off —site • parking in the Robinson's parking lot at Newport Center Fashion Island. It is hereby also understood that the 60 spaces to be provided for off —site parking will not penalize the Fashion Island parking count. It is also recognized this parking will be for evening theatre times and the will be for off —peals parking times at Fashion Island. • Since c W. Andrew Pope Vice President Of Jamboree Center, 2 Park Plaza, Irvine, CA 92714 -5904 (714)1120.9200 A.DMMpI of The IMrN conWnp' ... • • • dgr4MR eve i w 3�A v Ny v Coro m�a ^�c �a �o 0I r -Si i � Pa%'KIn/G A0 -,R66 6t,1T-S ITC PLAN &z RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk) L " CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 -17 EXEMPT C14 89-3!8833 —/'� 7 / RECORDED IN OFFIt X RECORDS OF ORANGE COUNTY. CALIFORNIA cif,e- RECORDER Space Above This Line for Recorder's Use Only OFF-SITE PARKING AGREEMENT THIS AGREEMENT, made and entered into this 299gh day of Jv4, IMM, by and between and and CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as "City," THE IRVINE COMPANY hereinafter referred to as "Owner," EDWARDS THEATRES CIRCUIT, INC. hereinafter referred to as "Lessee," is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: I. Owner owns certain real property located within the 200/300 block of Newport Center, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as: Parking; Area l Parcel 1 of Newport Beach Lot Line Adjustment 88-6 recorded as -document 88-294186 in miscellaneous records in the Recorder's Office of the County of Orange;. and Parking Area No. 2 Parcel 2 of Parcel Map recorded in Book 60, Page 36 of Parcel Maps, in the Recorders records of the County of Orange. Said properties are further shown on the attached map marked as Exhibit "C" hereinafter referred to as "the property"; and 89-318833 ..II.. . Lessee operates on property located at 300 Newport Center Drive a three screen movie theatre known as Edwards Newport.. Cinema. Provisions of the Newport Beach Municipal Code require persons conducting a theatre business; to provide parking spaces for their customers; and JII. Lessee has applied to City for Use Permit No. 1527 (Amended), so as to build one additional auditorium and that said construction is such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into a written agreement with Owner, which agreement grants to Lessee the exclusive right to use , 205 unrestricted parking spaces in Parking Area No. 1; 45 daytime parking spaces and 347 nighttime parking spaces in Parking Area No. 2, A copy of the written .agreement is attached hereto and marked Exhibit "All. V. The ..Planning Commission of the City of Newport Beach, in conjunction with its consideration of Use Permit No.. 1527 (Amended), recommended to the City Council of 'the City of Newport Beach approval of this Off -Site Parking Agreement, after determining that the conditions of Section 20.30.035(D) of the Newport Beach Municipal Code were satisfied; and VI. The City Council of the City of Newport Beach considered the proposed Off -Site Parking Agreement, determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Beach Municipal Code, and authorized execution of this Agreement. N0V,'TH9?,9F0 E, the parties hereto agree as follows: Lessee shall execute, and do all things necessary to ensure the e I ffectiveness and validity of, the written agreement pursuant to which Lessee has the right to automobile parking spaces on the property. Lessee further agrees to fully perform all of the duties and responsibilities imposed, upon.Lessee by the Lease Agreement (Exhibit "All) pursuant to which Lessee has the right to parking spaces, and further agrees that anyi'breach by, Lessee of the terms of this written agreement constitutes a breach of this agreement. The duties of Lessee pursuant to this paragraph shall continue for such time as the Lessee operates a 3 -screen movie theatre -2- "F 89--318833 located at 300 Newport Center Drive, and with the characteristics, and intensity of use, authorized by the Lease and any previous approvals granted by City. 2. In the event that the use of the off-street automobile parking spaces provided for on this Lease Agreement (Exhibit "A") are lost to Lessee, for any reason, Lessee agrees to do the following: a. Alter the characteristics of, or reduce the capacity of, the 3 -screen movie theatre located at 300 Newport Center Drive such that the automobile parking spaces available to, and under the control of, Lessee are, given consideration to any nonconforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport Beach Municipal Code; b. Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of the City of Newport Beach that automobile parking spaces previously available to Lessee are no longer available; and C. Prior to resuming business in the manner authorized prior to the loss of the parking spaces, Lessee shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by the Lease Agreement (Exhibit "A") and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of the City of Newport Beach, as required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 3. Lessee shall, at all times the three screen movie theatre at 300 Newport Center Drive is open for business, provide a sufficient number of parking attendants to ensure that the off-site parking spaces are utilized for t the purposes intended. 4. Lessee shall fully perform all of the conditions of approval imposed by the Planning Commission of the City of Newport Beach in conjunction with the approval of Use Permit No. 1527 (Amended). The minutes of the Planning -3- Commission reflecting the conditions imposed are attached hereto, marked Exhibit "B", and are incorporated herein by reference. 5. Lessee shall, at least 90 days prior to the expiration of the written Lease Agreement, (Exhibit "A") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit "A"). 6. This Agreement shall run with the property, shall bind the heirs, successors - in- interest, transferees, vendees,`and/or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: City Clerk -4- CITY OF NEWPORT BEACH A Municipal Corporation By Mayor THE ,.IRVIN'E COMPANY, a.,41ch an co torah HARD . S I'M rA Pre ident GAR. VACCARO As is ant Secretary OW ER LESSEE Cr-k�-r��4•-r ACKNOWLEDGMENT TO OFF-SITE PARKING AGREEMENT DATED 7/25/88 - EDWARDS THEATRES CIRCUIT, INC. STATE OF CALIFORNIA ) 69-318833 ) ss. COUNTY OF ORANGE ) On June 6, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared James Edwards, Sr., personally known to me to be the person who executed the within in- strument as Chairman of the Edwards Theatres Circuit, Inc., a California corporation, the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. dtary Public in and for said Cou and State STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SEAL VIDAL -NOTARYYVONNE ftOFFICIAL PUBLIC - CALIFORNIAORANGE COUNTYAy Comm. Expires Oct. 9, 1989 On June 15 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Wanda E. Raggio known to me to be the City Clerk of the City of Newport Beach, whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. FFICIAL SEAL ZY4Z $MAUNA lYN OYIER Notary Publ i in an or sai State NOTARY PLBLIC - CALIFORNIA ORANGE COUNTY My Comm. EvIres Jan. 16,19S3 ACKNOWLEDGEMENT TO OFF-SITE PARKING AGREEMENT DATED 7/25/88 - EDWARDS THEATRES CIRCUIT, INC. STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On May 19, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard G. Sim and Gary A. Vaccaro, personally known to me to be the persons who executed the within instrument as Vice President and Assistant Secretary, respectively, of The Irvine Company, a Michigan corporation, the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. SEP0 kOFFICIAL SEAL KIMBERLY STAFFORD NSTARY PUBLlC-CALIFORNIA v PRINCIPAL OFFICE IN ORANGE COUNTY Notary Public in d % for N EXPIRES APR, 12, 1992 said County and State COMMISSIONERS EXHIBIT "B" �y9 py<<p CITY OF NEWPORT 89318833 MINUTES BEACH January 7, 1988 ROLL CALL INDEX safety, peace, morals, comfort, or general welfare of the community. 25. This use permit shall expire unless exercised 'thin 24 months from the date of approval as sp ified in Section 20.80.090 A of the Newport Beac Municipal Code. 26. That al evening activities shall be contained within bu dings with the windows and the doors closed, wit the exception of the period between June 15 throug September 15 until 9:30 p.m. 27. That the building shall be constructed with a non- glare roofing maters 1. 28. That the applicant sh l submit to the Planning Department information egarding use of the facilities in the event th a Traffic Management Program needs to be impleme ed six months after completion of the facility. _ 29. That ingress/egress to Bison A nue shall be constructed in such a manner that w ld not allow automobile headlights to strike adjac t residen- tial windows in the -residential tract s therly of Bison Avenue. 30. That the buildings shall be sound attenuate in such a manner as to achieve a maximum sound le 1 Use Permit No 1527 (Amended) (Public Hearing) Item No.6 Request to amend a previously approved use permit which UP1527(A) permitted the expansion of the existing Edwards Theatre complex located in Newport Center, so as to add two Approved additional theaters with a total of 600 additional seats. Said approval also included: the approval of a new off-site parking agreement so as to provide a portion of the required off-street parking spaces in the Design Plaza parking area; the approval of an amended off-site parking agreement for the existing parking area located at the rear of the theater; and the approval of a modification to the zoning Code so as to allow the use of compact parking spaces. The proposed amendment involves a request to consider a new off-site parking area across the street in Fashion Island, in place of the previously approved parking in Design Plaza. The -28- r COMMISSIONERS ( `~ CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROLL CALL INDEX new proposal also reduces the scope of the project so as to include only one additional theater containing 250 seats and continues to use compact parking spaces in the proposed parking design. LOCATION: A portion of Parcel A of Parcel Map 25-1 (Resubdivision No. 260), and Parcel No. 1 of Parcel Map 60-36 (Resubdivision No. 454) (building site); and a portion of Parcel A of Parcel Map 25-1 (Resub- division No. 260), and Parcel No. 2 of Parcel Map 60/36 (Resubdivision No. 454) (off-site parking areas). ZONE: C -O -H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach William Laycock, Current Planning Manager, referred to Condition No. 7 in Exhibit "A" which provides that "a permanent barrier at least 30 inches high shall be constructed between the off-site parking area in Fashion Island and the public sidewalk so as to encourage theatre patrons to cross at existing intersections." He stated that the applicants reviewed the application with the property owner, The Irvine Company, and that The Irvine Company responded that the suggested barrier would not be compatible with the surrounding landscap- ing. The Irvine Company suggested that mature shrubbery be planted so that an area would be created that would not allow pedestrians to walk through the hedge. Mr. Laycock stated that staff would have no objections to the recommendation and that Condition No. 7 be,revised to state "that a continuous, permanent hedge at least 30 inches high shall be maintained between the off-site parking area in Fashion Island and the public sidewalk, so as to encourage the theatre patrons to cross at existing intersections." The public hearing was opened in connection with this item, and Mr. James Edwards, applicant, appeared before the Planning Commission. Mr. Edwards concurred with the findings and conditions in Exhibit "A". including amended Condition No. 7. In response to questions posed by Commissioner Merrill regarding the trash area adjacent to the theatre building, Mr. Glen Gellatly, architect, appeared before -29- COMMISSIONERS 9y 89=318833 CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROLL CALL INDEX the Planning Commission. Mr. Gellatly stated that the applicants would agree to enclose the trash area. Commissioner Debay questioned the adequacy of one additional ladies restroom for an added 250 seats. Mr. Gellatly explained that the largest ladies restroom is in the main theatre building, a second restroom is located in Theater No. 2, and a third ladies' restroom is proposed for Theater No. 3, in conformance with the Uniform Building Code. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1527 (Amended) subject to the findings and conditions in Exhibit "A" including the aforementioned amended Condition No. 7, and added Condition No. 28 which would state that the current trash area shall be enclosed and covered. All Ayes Motion was voted on, MOTION CARRIED. FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the Planning Commission has approved an environmental document in conjunction with its consideration of a previous project which permitted a 600 seat addition to the theatre facility. Inasmuch as all significant environmental concerns have been addressed in the previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project, no further environmental review is required. 3. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 4. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 5. The off-site parking areas are located so as to be useful to the proposed theatre use. -30- ` COMMISSIONERS 89=318833 MINUTES January 7, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX 6. Parking on the subject off-site lots will not create undue traffic hazards in the surrounding area. 7. That the additional vehicular and pedestrian traffic generated by the expanded use increases the need to install a traffic signal at Newport Center Drive and San Miguel Drive and the need to have sidewalks connecting the theatre to the public street. 8. The approval of Use Permit No. 1527 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification to the Zoning Code, so as to permit the use of compact size parking spaces for a portion of the required off-street parking, is consistent with the legisla- tive intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527 shall be null and void. 3. That amended off-site parking agreements shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that the following off-site parking locations shall be provided to the subject theatre: a. Parcel A of Parcel Map 25-1 (Resub- division No. 260) located at the south- westerly corner of Newport Center Drive and San Miguel Drive. Said parking shall be for the exclusive use of the theatre and shall provide 205 parking spaces. b. Parcel No. 2 of Parcel Map 60-36 (Resub- division No. 454) located at the rear of the subject theatre. Said parking area shall provide a minimum of 45 daytime -31- $9=318833 COMMISSIONERS MINUTES -o �L a. of January 7, 1988 yo c^ oA0 m "9y CITY OF NEWPORT BEACH ROLL CALL INDEX parking spaces for midweek matinees and 349 nighttime parking spaces for the subject theatre. 4. That the mid -week daytime matinees shall be limited to a maximum of 1,250 seats, and that a minimum of 250 off-street parking spaces shall be required (i.e. one space/5 seats). 5. That a minimum of one parking space for each 3.3. seats (614 parking spaces) shall be provided for the subject theatres on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recog- nized holidays and that during such times the maximum number of theatre seats shall be 2,025 seats. 6. That the applicant shall provide on an informal basis, 60 parking spaces within the Fashion Island parking area located adjacent to and southwesterly of the intersection of Newport Center Drive and San Miguel Drive. f 7. That a continuous, permanent hedge, at least 30 inches high shall be maintained between the off- site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. 8. That the on-site vehicular and pedestrian circula- tion systems shall be approved by the City Traffic Engineer. 9. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition, prior to the issuance of building permits. 11. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage -32- 89=318833 COMMISSIONERS MINUTES January 7, 1988- CITY 988-CITY OF NEWPORT BEACH ROLL CALL INDEX facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 14. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 15. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineer- ing geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 16. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regular- ly trimmed and kept in a healthy condition. 17. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 18. That all access to the buildings be approved by the Fire Department. 19. That all improvements be constructed as required by ordinance and the Public Works Department., 20. That the displaced portions of sidewalk Aong the Newport Center Drive frontages and San Miguel Drive frontage be reconstructed and curb access ramps be constructed at the corner of Newport Center Drive and San Miguel Drive and the drive entrances off Newport Center Drive and San Miguel Drive. All work shall be completed under an encroachment permit issued by the Public Works Department. 21. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the Public Works improvements, if it is desired to obtain a building permit prior to completion of the public improvements. -33- COMMISSIONERS 92 89= 318838 CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROLL CALL INDEX 22. That the applicant shall contribute 25 percent of the cost of installing a traffic signal at Newport Center Drive and San Miguel Drive prior to obtain- ing building permits. 23. That occupancy of the proposed theatre expansion shall not be permitted until the installation of the proposed traffic signal at Newport Center Drive and San Miguel Drive is completed. 24. That a sidewalk be constructed between the Newport Center Drive walk and the front of the theatre with location and design to be approved by the Public Works Department. 25. That the landscaping along San Miguel Drive shall be removed or trimmed so as to provide adequate sight distance from the driveway on San Miguel Drive, in accordance with City Standard Plan 110-L. 26. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 27. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 28. That the current trash area shall be enclosed and covered. i Item No.7 Reques amend a previously approved use permit which UP3065(A) permitted xpansion of the existing Woody's Wharf Restaurant on pr ty-located in the "Recreational and Marine Commercial" ar f the Cannery Village/McFadden Square Specific Plan Area. aid approval also allowed the purchase of in -lieu parking ces for a portion of the required off-street parking and approval of a modification to the Zoning Code so as to w the use of a tandem parking spaces with a full ti valet parking service. The proposed amendment involves: -34- EXHIBIT -A- 89--318833 SEVENTH AMENDMENT TO GROUND LEASE I. PARTIES AND DATE. This Seventh Amendment To Ground Lease ("Amendment") dated Mk d-3 , 1989, is by and between THE IRVINE COMPANY, a Michigan corporation dba Irvine Retail Properties Company ("Landlord"), and EDWARDS' THEATRES CIRCUIT, INC., a California corporation ("Tenant".) II. RECITALS. A. Landlord's predecessor -in -interest and Tenant entered into a ground lease between The Irvine Company, a West Virginia corporation and Tenant dated as of June 7, 1967, a Short Form Memorandum of which was recorded on February 17, 1971, and as amended by amendments dated February 24, 1970, February 1, 1971, December 1, 1972, December 15, 1984, June 8, 1987 and December 15, 1988 supplemented by that certain Off -Site Parking Agreement dated October 9, 1973 ("Lease"), for the premises ("Premises") described on Exhibit "A" attached hereto and located at 300 Newport Center Drive, Newport Beach, California. B. Pursuant to the terms of Article 9 of the Lease, as modified by the February 24, 1970 amendment ("lst Amendment"), the December 1, 1972 amendment ("3rd Amendment") and the October 9, 1973 Off -Site Parking Agreement ("Parking Agreement"), Tenant was entitled, along with all of the other tenants of Block 300 of Newport Center Drive, to use (i) on an exclusive basis, 205 parking spaces in a parking area located within the Premises, (ii) on a non-exclusive basis during day -time hours, 45 parking spaces of the Common Area Parking Facilities ("Common Parking Area") comprised of 324 parking spaces installed by Landlord and depicted on Exhibit "B" hereto, and (iii) on a non-exclusive basis during evening hours and on Saturdays, Sundays and holidays, all of the parking spaces of the Common Parking Area. C. In return for Tenant's right to use on a non-exclusive basis such 45 parking spaces, Tenant was r�equirEd to pay a prorata share of the total costs and expenses incurrEd by Landlord in maintaining the Common Parking Area. D. As a result of an addition to Tenant's theatre facility, Tenant requires additional parking. Therefore, Tenant has agreed to renovate, at its sole cost and expense, the Common Parking Area to provide for additional parking spaces. Landlord and Tenant desire to modify the Lease in the manner provided in the next section as "Modifications", which modifications shall be deemed effective on the date of this Amendment as indicated above. EXHIBIT -A- III. MODIFICATIONS 89-318833 1. Improvement of Common Parking Area. Tenant shall fully improve the Common Parking Area at its sole cost and expense, including all paving, striping, drainage, landscaping and lighting therefor (collectively, the "Improvements") in accordance with those certain plans prepared by Bissell Architects, dated September 29, 1988, (the "Plans") previously submitted by Tenant and approved by Landlord. The Plans depict the Common Parking Area as consisting of 339 regular parking spaces and 8 handicapped spaces. From and after the date of Substantial Completion of the Common Parking Area, Landlord shall become the owner of the Improvements, subject to Tenant's obligation to promptly complete any punch -list items. Tenant shall transfer any warranties to Landlord as to the Improvements within thirty (30) days after Substantial Completion of the Improvements, provided, however, that if any warranty or warranties is not so transferable, Tenant hereby agrees to maintain and enforce such warranties on Landlord's behalf. 2. Tenant's Use of Common Parking Area. From and after the date of Substantial Completion (as hereinbelow defined), Tenant shall have the right to use the Common Parking Area, on a non-exclusive basis, as follows: (i) 8:00 a.m. - 5:30 p.m., Monday through Friday, excluding Holidays: 45 spaces; and (ii) 5:30 p.m. - 8:00 a.m. Monday through Friday, all day Saturdays, Sundays and Holidays: 347 spaces. Notwithstanding the foregoing, Tenant acknowledges that certain ground lessees of Landlord shall also use the Common Parking Area on a non-exclusive basis. Should Tenant thereby be precluded from utilizing all three hundred forty-seven (347) spaces during any of the "after-hours" periods set forth in (ii) above, Tenant agrees to take such actions that Landlord may reasonably request to direct overflow customers of Tenant, if any, to parking areas within the Fashion Island Shopping Center across Newport Center Drive. s 3. Tenant's Share. From and after Substantial Completion of the Common Parking Area, the percentage payable by Tenant of the total costs and expenses incurred by Landlord in maintaining the Common Parking Area shall be 17.5%. 4. Substantial Completion. As used in this Amendment, the term "Substantial Completion" shall mean the date the Improvements are completed and open for use by the public. 5173r/3400/155 -2- EXHIBIT -A- P 89-318833 5. Indemnity. Tenant hereby agrees to defend, indemnify and save Landlord harmless from all liability whatsoever on account of any real or alleged damage or injury and from liens, claims and demands related to or arising out of the construction of the Improvements by Tenant or Tenant's contractors or agents. This obligation to indemnify shall include reasonable attorneys' fees and investigation costs and all other reasonable costs, expenses and liabilities incurred by Landlord or its counsel from the first notice that any claim or demand is to be made or may be made. In the event any mechanics' or materialmen's claims are asserted as a result of the construction of the Improvements, Tenant shall comply with the provisions of Article XI of the General Conditions to the Lease with respect to such claims. The provisions of the Lease respecting Tenant's obligations to indemnify Landlord shall apply to Tenant's (and Tenant's agent's, employee's, licensees' or invitees' use) of the Common Parking Area. 6. Insurance. During the construction of the Improvements, Tenant and Tenant's Contractor shall provide insurance with respect to the Common Parking Area covering both fire and other casualty and liability in accordance with the provisions of Article IX of the General Conditions to the Lease. 7. Supercedes Other Agreements. This Amendment supercedes all prior agreements between Landlord and Tenant concerning Tenant's right to use the Common Parking Area, including, but not limited to, those Agreements referenced in Article II, above. Nothing contained herein, however, shall impair or modify Tenant's right to use, on an exclusive basis, the 205 spaces in the parking area within the Premises. IV. GENERAL. A. EFFECT OF AMENDMENTS. Except to the extent the Lease is modified by this Amendment, the remaining terms and provisions of the Lease shall remain unmodified and in full force and effect. 4 B. ENTIRE AGREEMENT. This Amendment embodies the entire understanding between Landlord and Tenant with respect to its subject matter and can be changed only by an instrument in writing signed by Landlord and Tenant. C. COUNTERPARTS. If this Amendment is executed in counterparts, each counterpart shall be deemed an original. 5173x/3400/155 -3- EXHIBIT -A- 89=31 8333 D. DEFINED TERMS. All words commencing with initial capital letters in this Amendment and not defined in this Amendment, but defined in the Lease, shall have the same meaning in this Amendment as in the Lease. E. CORPORATE AND PARTNERSHIP AUTHORITY. If Tenant is a corporation or partnership, or is comprised of either or both of them, each individual executing this Amendment for the corporation or partnership represents that he or she is duly authorized to executed and deliver this Amendment for the corporation or partnership and that this Amendment is binding upon the corporation or partnership in accordance with its terms. F. ATTORNEYS' FEES. The provisions of the Lease respecting payment of attorneys' fees shall also apply to this Amendment. LANDLORD THE IRVINE COMPANY, a Michigan corporation dba Irvine etail Properties Comp Y ` Pp p //7and G. Sim President I ine Company 11 Gary accaro Vice Pr sident-Finance Irvine Retail Properties Company TENANT EDWARDS' THEATRES CIRCUIT, INC., a California corporation It Its: 5173r/3400/155 -4- Premises Site Plan 5Y 89-318833 - t J, '.-y'•. •, _ �•` , •:., t.: ,b: '��'S,�'. •..nom ' �«i�-.z=.�: •..�.•�''{- '�ti'. � '.ti ��=' .K _ r � •.• �:. f:� ��af .-CS • • -�aL�, `••.-'t . ��.�/'. - - •. •t. 1•. y.. ✓'� :F: ,..: F`::•`� `"''•-,' rte'-::. :�- rojR �.• . .r. :'FAL• � !'-%:'•<.% : '.!'�r,'•.r �t.�!' -1• ,�.- •,,,: a-�. :i�;l.. �.. .,.�^ •}. :•.+• �� }.,• --,�;�• -atter •�s '• V. F� ... ....� .'_ • • � ..� .� . • •� . _ !. ct � =�.-+moi- = a�. -.t� } • •' }} •• +, ti'b' .! � . 4:� r . � %: • +*` •iii -� • ��r �; � v.•�., 11,.':: _ .'.• !1 Y " •' � �• ♦ _ �.'•1 �1•t+ .� cam• Ft. :.:t .':r'? a]hf +•�.t•. ''�•� "•4..:. ;tib' •.�s��..;• ...��;a r:;,..:,• '/` ti �'.. :. _y, .i �,/ .jam. .�....: '• .41 .� j.f �-r-Y.•,t. = moi:' •_—��•�r��� •-.:. ._ . �.. ;+-.:; _ • :•���` ' �' ��v•i- 1. • i. •'' - .� : - - s ... r« --:T. '' ''?- - �• _ _ EXHIBIT A .. r w r � w 89=318833 CITY OF NEWPORT BEACH CALIFORNIA City Han 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE October 23, 1973 TO: FINANCE DIRECTOR FROM: City Clerk SU&JECf: Contract No. IS79 Description of Contract ( ff_Sitar paTkirg AZM=lt Authorized by Resolution No. A106 , adopted on 10 -9 -73 Effective date of Contract ln_<: -73 '• Amount of Contract Note: This agreement is also with the Irvine Canny Sty terk koist 14, 1974 •( V, Twit, i p v 44 1 is T s ) • is 1 •a ♦ • CITY CLERK i +a4 n �xx it xI NK '1 iI M -• a no Attached is a copy of the Off -Sits Parking Agreement with the recording information for your files. Latan Lagios swk lift c.., -&�_ th 40 CITY OF NEWPORT BEACH CALIFORNIA July 22, 1974 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off-Site Palking Ao ti+omnt � 6 l• � YIG �Q •" IN � � • \.4 \••IY for pia purposes. X Authorized by Resolution No. 8106. City Manager authorized by Resolution No. 6773 to accept easement deeds. x �� Laura Lagios City Clerk LL:swk enc. City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 October 12, 1973 She Irvine C=gmy 660 Newport Center Drive Newport Beach, CA 92660 Subject: oft -3itg Perking Agrement for Edwards ftgmt Center Cinema in mnjmction with Use Permit No. 1627 EnClosed is a folly amcuted copy of subject WoMent. 7h% tC't Council of Newport Beach MM mixed tote mytim of amt on October 9 by the adoption of Paaolution No. 8106. Iaum LaSiose C.M.C. City Cleric LL: sack enc. ca: Canmunity Drmlopment Aepn tesnt �s Octcber 12, 1973 Edwards theatre Circuit, Inc. r.,. 140 West Valley Blvd. San Gabriel, CA 91776 Subject: Off -Site ParM.ft. went for Edwtde Cenbsr Mnems In. cMjuncticn with Uso Fa mit . No. 1829. Enclosed is a fully executed copy of =subject agreement. She City Council of Newport Beach eu mlzad the execution of the agreement on October 9 by the adoptim of Resolution No. 8106. Laune Lagios, C.m.C. City Claris LL: swk enc. cc: Community Development Department r ` REc _TURN Toy �QV�SrdlNQ LAURA LAGICS, C?TY CLERK FQ gY C17Cr dc`, °'ra;'2T BEACH 3300 NE"tiV°Ea ai' BOULEVARD NEWPO;J BEACH, CALIF. 92660 23660 1� OFF-SITE PARKING AGREEMENT 8K 1 120 PG 1 172 RECORDED IN OFFICIAL. RECORDS DS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. JUL 24 1974 J. WME CARLYLE, COUGly ReCardes THIS AGREEMENT made and entered into this >* of c c ; p, 0,61't , 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY;" THE IRVINE COMPANY, a West Virginia corporation, herein- after referred to as "IRVINE;" and EDWARDS THEATRES CIRCUITS, INC., a California corporation, hereinafter referred to as "EDWARDS." WITNESSETH WHEREAS, IRVINE is the owner of that certain parcel of real property located at the southeast corner of Newport Center Drive East•and San Miguel Drive in the City of Newport Beach, County of Orange, State of California, more particularly described in Exhibit "A" which is attached hereto and is incorporated at this point as if fully set forth herein; and WHEREAS, EDWARDS is the lessee of that parcel of real property described above; and WHEREAS, EDWARDS was granted Use Permit No. 1527 by the Planning Commission of the City of Newport Beach on April 29, 1971, to permit a 500 -seat addition to the existing Edwards' Newport Cinema with the provision that Edwards obtain approved off-site parking for the vehicles of its customers and business invitees; and WHEREAS, on October 19, 1972, the Planning Commission of the City of Newport Beach extended Use Permit No. 1527 for an additional year; and WHEREAS, Section 20.38.040 of the Newport Beach Municipal Code allows off-street parking to be provide.y'x a site other than the building site on condition that : dpi agreement: ;=� .OM. between the property owner and the City is executed and recorded setting forth that the off-street parking shall be provided and maintained as a designated parcel of land for the duration of the proposed use or uses on the building site or sites; and WHEREAS, the existing Edwards' Newport Cinema and the proposed expansion thereof require a total of 351 parking spaces; and WHEREAS, there presently exist approximately 524 parking spaces (200 for the exclusive use of EDWARDS; 324 for joint use) as shown on Exhibit "B" which is attached hereto and by this reference is incorporated as if fully set forth herein; NOW, THEREFORE, IN CONSIDERATION of the approval by CITY of Use Permit No. 1527, and in partial satisfaction of the conditions attachedthereto, the parties hereto agree as follows: I For so long as the theater building to be constructed by EDWARDS continues to exist, EDWARDS shall maintain the required number of parking spaces in those locations designated on Exhibit "B" attached hereto. II In the event the lease between IRVINE and EDWARDS shall be terminated for any reason, resulting in EDWARDS failing to maintain sufficient number of parking spaces, it shall imme- diately thereafter obtain additional off-site parking spaces satisfactory to and approved by CITY in order to meet the code requirements existing at that time. If EDWARDS is unable to obtain substitute parking facilities, it shall close the theater permitted by Use Permit No. 1527. III This agreement shall run with the real property described in Exhibit "A" attached hereto, and shall bind the heirs, -2- BK I 1203P& 1174 successors, and assigns of the parties hereto and it shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. ,CITY OF NEWPORT BEACH WITNESS my hand QA DOROTHY L. PALEN -� Mayor APPROVE AS TO FO NDTuyJ CA lFUR?1dA . Pf 1 y- !r1 t i TEST ; ty A -6 -tor -hi C°ity erk S THVhi�TRES CIRCUITS, INC. STATE OF CALIFORNIA nt Secretary SS County of Orange ) L)t&! On Ia, Iq-t-3 , 1973, before me, the under- signed, a Notary Public in and for said State, personally. appp:ared NALD A. McINNIS, known to me to be the Mayor, and .� t Lt21e ; (� ,I e� -) , known to me to be the City Clerk of the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and acknow- ledged to me that such corporation executed the within instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. DOROTHY L. PALEN NDTuyJ CA lFUR?1dA . Pf 1 y- !r1 t i Notary Public in and for said State OPAtNGE C.Oe.I'V7}' I1 I v �Y n Com .ission I -, m ;" Expires e;). !977 -3- STATE OF County of CALIFORNIA ) SS BX 1 120 r � 1 175 On (�Vi e ; s. , 1973, before me, the undersigned, Notary Public in and for said State, personally appeared known to me to be the Pr' sident, and '�v'-z _ known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and officia IT seal. Q o. OFPIC L SEAL HAROLD W. DAVIDSON NOTARY PUBLIC CALIFORNIA No a y Public in and for said State ' LOS ANGELES COUNTY <;traµro, MyCommissionExpiresSept,9,1975 1151 So, Garfield Ave., Alhamhr3, GA. 91562 STATE OF CALIFORNIA SS County of Orange ) On r -L 1973, before me, the undersigned, a Notary Public in and for said State, personally appea ed known to me to be the�c President, a �, a ,_;� „ ,,�� known to me to be the O��-.� ;�,_..r'Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL. SEAL. ' AUDREY E. WILES � NOTARY PUBLIC --- CALIFORMIA 4 PRINCIPAL OFFICE IN • � gb ORAWPIE COUNTY 0 My Commission Expires May 31, 1976 Notary Public and for said State Im DRB:mh 9/25/73 BK 1 1203P6 i 176 EDWARD'S THEATRE ADDITION BLOCKS 200 AND 300, NEWPORT CENTER That portion of Block 93, Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Record Maps in the office of the County Recorder'of said County together with that portion of Lot B as shown on a map filed in Book 25, page 1, Parcel Maps in the office of said County Recorder described as follows: Beginning at a point in the Southwesterly line of. Parcel 1, as per map filed in Book 15, page 14, said Parcel Maps that is North 49' 50' 27" West 24.38 feet from the most Southerly corner of said Parcel 1; thence South 49' 50' 27" East 170.00 feet along said Southerwesterly line and the Southwesterly line of Parcel 2'. said Parcel Map; thence South 40' 09' 33" West 50.00 feet; thence North 49' 50' 27" West 170.00 feet; thence North 40' 09' 33" East 50.00 feet to the point of beginning. HEC: j aj 4-23-71 EXHIBIT "A" 77 . • • i76i 6 a'tL City Council Meeting October 9, 1973 is Council Agenda No. H -2 (a) CITY OF NEWPORT BEACH'' October 3, 1973 tri5 City Council FROM: Department of Community Development SUBJECT: Off -Site Parking Agreement for the Edwards Newport Ci_nema__.CEdwards Theater Circuit, Inc., San .Gabriel, Calif.) located at 30.0..hRil.port nite!__nrive East in Newport Center (Use Permit Application No. 1527) Recommendation Adopt resolution authorizing the execution of an off -site parking agreement between the City of Newport Beach and Edwards Theaters Circuit, Inc. Background At its meeting of April 29, 1971, the Planning Commission unanimously approved Use Permit No. 1527 to permit a five hundred seat addition to the existing 1252 seat Edwards Newport Cinema. It should be mentioned that a one year extension of time to begin the construction of the theater addition was approved by the Planning Commission at its meeting of October 19, 1972. Engineered plans of the theater addition have been submitted to the Building Division, but an addi- tional six month extension of Use Permit No. 1527 will be requested by the applicant at the Planning Commission meeting of November 18, 1973 because construction will not have begun on the site prior to the expiration date (i.e. November 14, 1973). A condition of approval attached to Use Permit No. 1527 states that the applicant will furnish the City an off -site parking agreement, satisfactory to the City Attorney, providing for the joint use of 100 parking spaces to be available after 5:30 P.M. on weekdays and all day on Saturdays, Sundays, and holidays. Analysis Five hundred and twenty four (524) parking spaces presently exist in Block 300 of Newport Center, 200 parking spaces for the exclusive use of Edwards Newport Cinema, and 324 parking spaces in the common parking area (see attached Exhibit "B "). With the exception of the theater, the land uses in Block 300 are comprised of activities that are in operation primarily between 8:00 A.M. and 5:00 P.M. on week- days. Therefore, the utilization of the common parking area by the Edwards Newport Cinema subsequent to these hours would not create a detrimental condition in the subject location. The offstreet parking agreement is satisfactory to the City Attorney since it stipulates that the theater shall maintain the required number of parking spaces in the two parking areas designated on Exhibit "B" attached hereto. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HO�G/�AN, DIRECTOR Q By ax;M ✓ I� •_ y4vitf5/ra� William R. Laycoc- k', 09enior Planner Attachments: Vicinity Map Exhibit "B" Letter from Applicant WRL /sh 1 L 0 t:lIM M)111 YOtYtM J FIF - e - Y ' e I nl Jas. J� w. 0• ej• Y , Y . V � 7 L LL.j{ e• � U nro ' +e, . +q t , 1 I �� Ilia lMn ++�9 qiw ly d. 1 Y'/ yl r xr r."• R'',',o�'I1'�tih�'rj Y L�51I�+" I'ii F II FFMS ` 1 } r ` + 114dJ'r. I +r'r+r �G, • L L{ + J - i� k,1� +'I�.�J I��IIi 4 t �G'll Y , I ,4 L. • 4 • • 1.. .Y �FL f K _= ��J } S_y Fry � 4 Y)IY+1 .. . _ _ ....•._ .... .. +.:re'a<:...... _.:_:.3x�N++G.iiVrb:.'ai a .r i.rist.'YLYrR°n' +.- .3%$tiLY ®vim �fr�Y''� u H ewp0 RT G cENTE11 0,91 EAST N��\ 1 i ° III I II D- II•II 1�7 s� C o 11 m TZ C-4 711 1 1 n II O i� 1 x Qi 1 � o 1 / 1 1 ff W , y. I 125'- �•; '12.4' il ri IM �7. EDWARDS' THEATRES CIRCUIT. INC. 140 West Valley Boulevard San Gabriel, California -Atlantic B ° Management Theatres and D 27 June, 1972 Mr. Dennis O'Neil, City Attorney City Hall 3300 Newport Boulevard Newport Beach, California Dr i.v ns- .- Re: Use Permit 1527 - Addition to Edwards Newport Cinema Theatre Dear Mr. O'Neil: We are at this time proceeding with design and engineering. for the con- struction of the 500 -seat addition to the existing 1252 -seat Edwards New- port Cinema; we make reference to your June 28, 1971 letter, and part- icularly to the required off site parking agreement which you stated your office would prepare. As per your request, the following information is furnished: 1. 100 off site parking spaces are required to comply with the park- ing ordinance; 2. Parking plot plan showing the location of the off site parking spaces in relation to the Cinema is attached, marked Exhibit C. This has a total of 324 spaces; 3. We have 200 on site parking spaces which are also shown on the at- tached Exhibit C; 4. The legal description of the new addition site is attached, Exhibit A; and a plot of the same is attached, Exhibit B. The street address of the off site parking area is 300 Newport Center Drive East, and a parcel map of the off site and on site areas is attached, Exhibit D. Your June 28, 1971 letter mentioned "providing for the 'exclusive' use of 100 parking spaces "; however, as mentioned in my June 30, 1971 let- ter to you, the Planning Commission provided for the joint use of 100 parking spaces. Will you please contact me if I can be of further assistance. JE /ms E nc 0 Sincerely; TRE*-,&jRCUIT, JAMES EDWARDS, president RESOLUTION NO. 8 10 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, EDWARDS' THEATRES CIRCUIT, INC., AND THE IRVINE COMPANY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach, Edwards' Theatres Circuit, Inc., and The Irvine Company in connection with off -site parking require- ments of the City; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 9th day of October, 1973. Mayor ATTEST: City Clerk mh 10/4/73 /74/