05-15-17 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.
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 –
Planning Commission
Agenda Item
May 15, 2017
Planning Commission Staff Report
May 15, 2017
Page 2
Existing Facilities) because the project consists of the operation and licensing of an existing private
structure. There is no public review required.
PROJECT BACKGROUND
At its April 3, 2017 meeting the Planning Commission conducted a public hearing and took
testimony from the community and the applicant. During its discussion the Commission indicated
that it would like the applicant and the Police Department to meet and discuss better controls of
alcohol and conditions, before making a determination. The Commission continued the item to its
May 15, 2017 meeting by a vote of 5-0.
Subsequent to the Planning Commission meeting, representatives for AMC and the Police
Department met twice to discuss a possible solution. Based on information provided to staff by the
applicant’s representatives and the Police Department, the Police Department has not changed its
stance in opposition to the request. The Police Department has indicated that if AMC desired to
implement a model consistent with what was approved at Century Theatres there would be no
opposition from the Police Department.
The applicant has indicated that they are willing to have conditions placed on the use related to:
Requiring wristbands for all patrons purchasing alcohol
A 3-drink maximum
No stacking of drinks
Bar stools would be allowed, but a maximum of one drink could be consumed by a patron
while sitting on a stool/consuming in the MacGuffins area
The applicant has also indicated that they are not willing to have conditions placed on the use
related to:
Door alarms
Should the Planning Commission wish to approve the request by the applicant, staff has included
draft potential conditions of approval as Attachment 1. Conditions to note are:
Condition No. 22 - A maximum of 3 drinks per any legally age qualified patron may occur and
patrons must wear a wristband.
Condition No. 23 - A maximum of one drink could be consumed by a patron while sitting on a
stool/consuming in the MacGuffins area.
Condition No. 37 - 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.
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.
Planning Commission Staff Report
May 15, 2017
Page 3
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Potential List of Conditions of Approval
2. Planning Commission Staff Report dated March 6, 2017
3. Planning Commission Minutes dated 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