03-06-17 CUP AMC Theaters, 20 City Blvd West
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Robert Garcia
Senior Planner
SUBJECT
PUBLIC HEARING: CONDITIONAL USE PERMIT NO. 3009-16 – AMC Theaters, located at
20 City Boulevard West.
SUMMARY
The applicant is requesting an Alcoholic Beverage Control (ABC) Type 47 (On-Sale General -
Eating Place) License to have on-site consumption of alcohol for the movie guests at the theater at
The Outlets at Orange.
RECOMMENDED ACTION
Staff recommends that the Planning Commission review the proposal and take the appropriate
action. The Planning Commission can take one of the following actions:
Approve with required findings.
Deny with required findings.
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Section 17.10.030 authorizes the Planning Commission to review
and take action on Conditional Use Permits. A Conditional Use Permit is required for an ABC
license in the Urban Mixed Use (UMU) zone. OMC Section 17.30.030 establishes standards for any
on-sale establishment license subject to an approved Business Establishment Alcohol Management
and Education Program. The final determination by the Planning Commission on these applications
may be appealed to the City Council pursuant to the time periods and requirements established in
the OMC for appeals.
Planning Commission
Agenda Item
March 6, 2017
Planning Commission Staff Report
March 6, 2017
Page 2
PUBLIC NOTICE
On February 23, 2017, the City sent a Public Hearing Notice to a total of 693 property
owners/tenants within a 300-foot radius of the project site and persons specifically requesting
notice. The project site was also posted in four locations with the notification on that same date.
ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 –
Existing Facilities) because the project consists of the operation and licensing of an existing private
structure. There is no public review required.
PROJECT BACKGROUND
Applicant: American Multi-Cinema, Inc. (AMC)
Property Owner: Orange City Mills Limited Partnership
Property Location: 20 City Boulevard West
Existing General Plan
Land Use Element designation:
Urban Mixed Use 30-60 DU/AC 1.5-3.0 FAR (UMIX)
Existing Zoning
Classification:
Urban Mixed Use (UMU)
Old Towne: No
Redevelopment Project Area: Yes
Specific Plan/PC: None
Site Size: 73 acres
Circulation: Vehicular access to the subject site is via Chapman Avenue,
The City Drive, Lewis Street, and Metropolitan Drive. The
City’s Master Plan of Arterial Highways designates Chapman
Avenue as an “Augmented Primary” Highway with a minimum
right-of-way width of 100 feet, The City Drive is designated as
an “Augmented Major Arterial” highway with an ultimate
right-of-way width of 120 feet, and both Lewis Street and
Metropolitan Drive are designated as “secondary” arterials with
ultimate right-of-way widths of 80 feet.
Existing conditions: The subject site is developed with The Block at Orange
shopping and entertainment center and The City Plaza Tower.
The Block at Orange is presently developed with 889,198 sq. ft.
of building, which includes approximately 79,000 sq. ft. of
communal space.
Surrounding land uses
and Zoning:
North – High-rise and mid-rise office towers and a high rise
hotel zoned C-2.
South – An office building zoned C-2 and the Garden Grove
(State Route 22) Freeway.
East – County of Orange jail and court facilities,
Planning Commission Staff Report
March 6, 2017
Page 3
Orangewood Home, and UCI Hospital zoned C-2 and
R-1-6 (Residential, single-family, minimum lot size
6,000 sq. ft.)
West – Mid-rise office towers and multi-family housing
zoned C-2.
Previous
Applications/Entitlements:
Conditional Use Permit No. 2820-11, was approved by the
Planning Commission on October 17, 2011 for an ABC Type
47 License to have on-site consumption of alcohol for the
movie guests at the theater. However, AMC Theatres did not
utilized the CUP, which subsequently expired.
There have been multiple entitlements not related to this use
granted on the subject site since the site was initially developed
in 1970 with The City Shopping Center and Office Tower.
PROJECT DESCRIPTION
The applicant, AMC Theatres is requesting the sale of alcoholic beverages, (Type 47 On-Sale
General - Eating Place), to have on-site consumption of alcohol for the movie guests of the theater.
AMC is proposing to expand the food offerings at the AMC 30 theatre's primary concession area
and to incorporate the sale of alcoholic beverages to adult patrons. Expanded food offerings include
mozzarella sticks, french fries, jalapeno poppers, chicken tenders, sliders, hot dogs, and pizza along
with the typical movie fare. A separate area, identified as "MacGuffins," will be located apart from
the theatre's general concession area where adult moviegoers will be able to order beer, wine, or
spirits from MacGuffins. The applicant is proposing to sell alcoholic beverages from a concession
stand separate from the food concessions, which will be located in the main lobby of the theater
immediately visible upon entering the theater. Patrons will then be able to take their purchased
meals and drinks to their seats in any of the theatre's auditoriums. Employees staffing the stand
would be specially trained to recognize potential abuse of the available alcoholic beverage service.
The applicant’s letter of justification, operational plan, alcohol policy, and tenant space photographs
are included as attachments for a more comprehensive business description (Attachment 3). Also
attached as Exhibit A is a basic site plan and floor plan.
Development Standards
Required Proposed Code Section
Building Height Existing Building N/A N/A
Landscaping (non-residential) Existing Uses N/A N/A
Loading area (non-residential) Existing Uses N/A N/A
Lot frontage N/A N/A N/A
Lot depth N/A N/A N/A
Parking (non-residential)
4,727 spaces 3,674 spaces on-site
(6,201 available via
shared parking)
17.34.060
17.34.100
Setback, Front Existing Building N/A N/A
Setback, Rear Existing Building N/A N/A
Planning Commission Staff Report
March 6, 2017
Page 4
Setback, Side Existing Building N/A N/A
Setback, Side Existing Building N/A N/A
APPLICATION(S) REQUESTED/ REQUIRED FINDINGS
Conditional Use Permit: The applicant is requesting a Conditional Use Permit to for the sale of
alcoholic beverages, (Type 47 On-Sale General - Eating Place) to have on-site consumption of
alcohol for the movie guests of the theater.
Required Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering
land uses or create special problems for the area in which it is located.
3. A Conditional Use Permit must be considered in relationship to its effect on the
community or neighborhood plan for the area in which it is located.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular applicant.
ANALYSIS/STATEMENT OF THE ISSUES
Issue 1: Existing Licenses within 600 feet of the Site
For information purposes, staff identified the following facilities with alcoholic beverage licenses
that are located within a 600-foot proximity to the restaurant’s entrance (See Attachment 5).
Existing Licenses
Establishment Name License Type Address
Buffalo Wild Wings Type 47 (On-Sale General – Eating Place) 20 City Boulevard West
Dave & Busters Type 47 (On-Sale General – Eating Place) 20 City Boulevard West
Café Tu Tu Tango Type 47 (On-Sale General – Eating Place) 20 City Boulevard West
Lucky Strike Type 47 (On-Sale General – Eating Place) 20 City Boulevard West
Saddle Ranch Restaurant Type 47 (On-Sale General – Eating Place) 20 City Boulevard West
Twin Dragon Type 41 (On-Sale Beer and Wine- Eating Place) 20 City Boulevard West
Rubios Fresh Mexican Grill Type 41 (On-Sale Beer and Wine- Eating Place) 20 City Boulevard West
Market Broiler Type 47 (On-Sale General – Eating Place) 20 City Boulevard West
Issue 2: Sensitive Receptors
The OMC requires a Conditional Use Permit for the sale of alcoholic beverages to ensure there will
be no adverse impact on surrounding land uses or allow the availability of alcoholic beverages to
minors. When reviewing alcohol permits, the Zoning Ordinance details specific land uses that are
sensitive to alcohol activities, but does not establish any specific distances for these uses. The State
Planning Commission Staff Report
March 6, 2017
Page 5
Alcoholic Beverage Control Board investigation requires applicants to identify the sensitive land
uses within 600 feet of the site. There are no sensitive receptors in the vicinity of the subject
property.
Issue 3: Census Tract Alcohol and Crime Statistics Information
The Orange Police Department’s Vice Unit reviewed the proposal and opposes the request for a
CUP to allow alcoholic beverage service within the theater. In the Police Department’s view, the
AMC concept is like putting a bar in the lobby of the theater. The Police department has
concluded that the operator does not demonstrate any real or effective control measures for limiting
the amount of alcohol a patron can purchase. The AMC plan on its face appears to be an effort to
increase profits through alcohol sales rather than increasing patronage by offering an enhanced
movie-going experience.
While the statistics provided below indicate that the subject establishment is in a high crime area that
is over concentrated with on-sale alcohol licenses, much of this may be attributed to AMC’s location
at the Outlets at Orange, a major shopping and dining destination in the City. These types of
destinations may result in an over concentration of alcohol licenses by definition, however, other
factors should be considered as location, purpose of proposed uses, goal of the destination place, etc .
The high crime rate in this reporting district is attributed to a number of issues as petty thefts,
burglary, curfew violations, etc.
Alcohol Licenses
Existing Allowed
On Sale Licenses 19 9
Off Sale Licenses 3 4
Census tracts are defined as small geographical areas established by local committees and approved
by the Census Bureau, which contain a population segment with relatively uniform economic and
social characteristics and clearly identifiable boundaries averaging approximately 1,200 households.
The applicant is applying for an ABC license in a Reporting District (RD 071) that is considered a
high crime area. The current crime figures show 256 crimes in this reporting district. The average
reported crimes per district is 73, therefore, the crime statistics indicate this district had 253 more
crimes than the average district, 251% above the average reported crimes per district (See
Attachment 4).
A review of calls for service at The AMC 30 revealed 128 calls for service in the last year. Six of
the one hundred and twenty eight (128) calls for service were calls regarding subjects under the
influence of alcohol (Attachment 7).
Crime Statistics
Census Tract Arrests Citywide Average Arrests Percent Difference
256 73 251 % above
Planning Commission Staff Report
March 6, 2017
Page 6
Issue 4: Operations of MacGuffins
MacGuffins is a restaurant/lounge where adult moviegoers can go before or after viewing their
movie. MacGuffins is in a separate area located apart from the primary concession area in the main
lobby of the theater complex. Expanded food offerings are sold at the primary concession area and
not at MacGuffins. Seating around MacGuffins is at bar stools surrounding the service area similar
to a bar or pub and not a restaurant. The proposed alcohol sales from MacGuffins will be entirely
separate from any food sales which is inconsistent with a type 47 license. Normally, alcohol should
be offered at an area that offers food sales in conjunction with alcohol beverage offerings.
The Planning Commission is accustomed to reviewing CUPs for applications requesting to serve
alcoholic beverages at restaurants and to sell alcoholic beverages from grocery and convenience
stores. However, this proposed request is a different type of service in that the theater does not have
a fixed location for consumption on-site. Patrons may wander from seat to seat or theater to theater.
Given the wide age range of theater goers, the ability to blend with a crowd in low light situations
and hide or disguise alcoholic beverages, the potential for unauthorized or unlawful alcoholic
beverage consumption is heightened.
Century Theatre - Conditional Use Permit No. 2960-14
As a point of comparison, on June 9, 2015 the City Council approved Conditional Use Permit No.
2960-14 for a Type 41 (Beer & wine) license for the Century Theater at the Stadium Promenade
Center on Katella Avenue. That theater does not have a bar and does not have bar stools. Further,
Century Theatres' plan limits the number of drinks a patron can purchase by using wristbands. If
AMC desired to implement a model more consistent with what was approved at Century Theatres
there would be no opposition from the Police Department (Attachment 8). Planning Staff would also
support this scenario.
AMC Theatre - Conditional Use Permit No. 2820-11
On October 17, 2011 the Planning Commission approved an ABC Type 47 License to have on-site
consumption of alcohol for the movie guests at the AMC theatre. At that time, AMC was proposing
to introduce its in-theater dining in some of the viewing auditoriums. Under that proposal 17
auditoriums would have remained for traditional viewing with no alcohol, and the remaining 13
auditoriums would have been renovated to accommodate the new dining concept, which would
include the consumption of alcohol. The in-theater dining concept would have featured two
different types of experiences a “Fork & Screen” and a “Cinema Suites”. In addition AMC would
have added a full service restaurant and lounge where movie guests could have enjoy a meal and
beverage before or after their movie. However, AMC Theatres did not utilized the CUP, which
subsequently expired.
Issue 4: Potential Conditions of Approval
Should the Planning Commission wish to approve the request by the applicant, staff has included
draft potential conditions of approval as Attachment 1. The applicant has indicated a concern with
the following conditions in the list.
Condition #21- There should be no time when alcoholic beverages are sold at a ratio of two for
one; no "stacking" of beverages, which means the serving of two alcoholic beverages at one time to
Planning Commission Staff Report
March 6, 2017
Page 7
the same customer; and no sales to an "empty chair", which means that each customer must be
physically present at the time of the order of any alcoholic beverage. AMC is requesting the
serving of two alcoholic beverages at one time to the same customer per the ABC conditions for
movie theatres. This is consistent with the Century Theatres conditions, which allowed the purchase
of two alcoholic beverages per patron.
Condition #35- Exterior doors and windows, as well as the interior of the business, shall be
protected by an approved alarm system, which shall detect an attempted entry or presence of people
within the business during closing hours. AMC does not have alarms covering their doors because
of the 24 hour security presence at the Outlets at Orange. The police department opposes this
modification. Alarms are required of all ABC license applicants.
Should the Planning Commission act to approve the requested Conditional Use Permit, staff will
prepare a resolution of approval with the conditions deemed necessary and appropriate for the
requested use.
ADVISORY BOARD RECOMMENDATION
None required.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Potential List of Conditions of Approval
2. Vicinity Map
3. Letter of Justification/Explanation with Attachments
4. Orange Police Department Vice Unit’s Memorandum regarding in Opposition of CUP 3009-16
dated April 18, 2016
5. ABC License Map
6. Census Tract Map
7. AMC Calls for Service in 2015
8. City Council Resolution No. 10876
Exhibits provided to the Planning Commission:
A. Submitted Plans date labeled March 6, 2017
cc: Victor De La Cruz Kristen Elfring, General Manager
Phelps & Philips, LLP The Outlets at Orange
11355 West Olympic Boulevard The Mills, a Simon Company
Los Angeles, CA 90064 20 City Blvd. West, Suite C-5
Orange, CA 92868
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