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.
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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
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1
303
0.171
3:OOPM
91
4
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2
297
0.167
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96
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306
0.172
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71
3
198
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275
0.155
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85
3
195
2
285
0.160
4:OOPM
100
3
193
3
299
0.168
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72
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188
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267
0.150
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85
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180
6
274
0.154
4:45PM
90
4
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4
268
0.151
5:OOPM
90
5
165
5
265
0.149
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105
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0.141
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113
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118
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329
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158
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190
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0.229
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•
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' ...
•
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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
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EXHIBIT A
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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
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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/