12 - City of Norwalk

Transcription

CITY COUNCIL
AGENDA REPORT
Date: September 15, 2015
TO:
Honorable City Council
FROM:
Michael J. Egan, City Manager
BY:
Kurt H. Anderson, Director of Community Development
Jessica Serrano, Senior Planner
SUBJECT: PUBLIC HEARING - ADOPTION OF A NEGATIVE DECLARATION;
TEXT AMENDMENT NO. 308 – A REQUEST TO AMEND THE
NORWALK MUNICIPAL CODE TO ESTABLISH REGULATIONS AND
ALLOW THE SALE OF ALCOHOL FOR ON-SITE CONSUMPTION AT A
MOVIE THEATER AS A CONDITIONALLY PERMITTED USE WITHIN
THE SPECIFIC PLAN AREA NO. 1 (SPA NO.1) ZONE; AND
CONDITIONAL USE PERMIT NO. 973 – A REQUEST TO APPROVE A
CONDITIONAL USE PERMIT TO MODIFY THE EXISTING FLOOR
PLAN AND ALLOW FOR THE SALE OF ALCOHOL FOR ON-SITE
CONSUMPTION AT A MOVIE THEATER
Background:
The American Multi-Cinema (“AMC”) is proposing to conduct extensive interior
renovations to the existing motion picture theater located at 12300 Civic Center Drive
(“subject property”) within the Norwalk Entertainment Center in Specific Plan Area No. 1
(“SPA No.1”) zone.
Like many industries, the movie theater industry is experiencing significant changes in
consumer demand. Theaters across the country have been testing new business
models with the goal of being more competitive in today’s marketplace. This proposal is
the result of AMC’s nationwide strategic business initiative. As part of these
renovations, they are proposing to add a bar within the lobby to serve general alcohol
for on-site consumption. Victor De la Cruz with Manatt, Phelps & Phillips, LLP on behalf
of AMC (“Applicant”) filed Text Amendment (TA) No. 308 to amend the Norwalk
Municipal Code to allow the sale of alcohol for on-site consumption at a movie theater
as a conditionally permitted use within SPA No.1 and a Conditional Use Permit (CUP)
No. 973 to allow the sale of general alcohol for on-site consumption at the existing AMC
Theater.
City Council
Negative Declaration
Text Amendment No. 308 and
Conditional Use Permit No. 973
September 15, 2015
Page No. 2
The AMC Theater was approved as part of a conceptual master plan for SPA No. 1
through the approval of CUP No. 661 in 1994. Precise Development Plan (PDP) No.
1540 was approved in 1995 for the construction of a 20 screen motion picture theater.
The theater has remained largely the same since it was first built over 20 years ago,
except for permits which were issued in 2011 to incorporate an IMAX screen.
The Planning Commission reviewed the Applicant’s request on August 12, 2015. Staff
recommended approval of the project and provided the Planning Commission with
resolutions recommending City Council approval. At that meeting, the Planning
Commission voted to recommend denial of the project with a 5 to 0 vote. The minute
excerpt from that meeting is attached to this report. Within SPA No. 1, the Planning
Commission’s action is advisory and the City Council’s determination is final.
Subsequent to the August 12, 2015 Planning Commission meeting, the City Manager,
Directors of Community Development and Public Safety, Norwalk Sheriff’s Lieutenant,
and respective staff, met with the Applicant, and AMC’s Director of Alcohol Sales and
Director of Security to obtain additional information regarding staffing, operations, and
security measures. The AMC representatives expressed a willingness to work with the
City to address any issues that may arise with the introduction of alcohol sales at the
theater and indicated that AMC has been serving alcohol in their theaters for over 10
years, at approximately 100 locations throughout the country, 15 of which are in
California. Based on their experience, alcohol sales at their theaters have not resulted
in an increase in the number of incidents of crime or disturbances.
The AMC representatives indicated that the existing AMC Theater has an annual
attendance of approximately 544,000 persons. Therefore, millions of attendees have
gone through the theater since its opening and it is now in need of repairs, renovations,
and upgrades. In recent years, there has been an overall decline in movie theater
attendance and movie theater chains, including AMC, are providing more amenities to
entice audiences to return to the theaters. Since teenage attendance at movie theaters
has gone down and the bulk of movie goers are adults, the proposed amenities are
aimed at providing a more adult experience at movie theaters. The impetus for the
proposed renovations comes from competition from new theaters or existing theaters
offering added amenities, including luxury recliners and alcohol sales in the nearby
communities of Pico Rivera, Downey, and Bellflower. The AMC representatives
indicated that once customers choose to attend other theaters, it is difficult to get them
to return. They are intending to complete the construction within 90 days of approval in
order to have the renovations completed before the opening of new theaters currently
under construction nearby.
In an effort to keep up with new technology and to enhance the adult movie going
experience, AMC, together with the landlord of the subject property, is proposing to
City Council
September 15, 2015
Page No. 3
invest $9 million to conduct a comprehensive interior remodel of the existing theater to
update the design and provide upgraded amenities for patrons such as: new luxury
recliner seats in the auditoriums, reserved seating, new equipment, a new bar area, an
expanded food menu and updated finishes, signage, flooring and lighting throughout the
theater. With the installation of the new recliner seats, the seat count is being reduced
from 4,273 to 1,843 seats, which is a 57% reduction in seats. Additionally, they will
increase their average staffing level from 28 to approximately 63, which is a 125%
increase in staff.
The following is a list of the improvements that are being proposed to the existing
theater:
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On the exterior, remove existing signage and replace it with new signage on the
sides of the building;
In the auditoriums, install new recliner seats, signage, doors, hardware, carpet,
lighting, handrails, guardrails, and clean and replace tile;
At the box office, install new signage and tile;
Within the lobby, install new carpet, tile, finishes, signage, lighting and bar area,
and patch and paint walls;
In the guest services desk, remove existing countertop and finishes and relocate
LCD monitors with times and titles to this area and provide new equipment and
signage;
In the corridors, replace the carpet and finishes, install new signage, relocate
existing illuminated poster cases, and patch and paint walls;
In the concession area, replace existing equipment, menu boards, tile finishes,
walls, and signage and install new walls, doors, hardware, countertops, menu
boards, equipment, tile, carpet, lighting, and patch and paint walls;
Restrooms are going to be updated to include new signage, tile, decorative
mosaic tile behind lavatories, countertops, individual mirrors with wood frames,
automatic soap dispensers, paper towel dispensers, waste receptacles, hand
dryers, baby changing stations, urinal screens, toilet accessories, lighting, and
patch and paint walls.
According to AMC, they have been doing renovations at their existing theaters
throughout the country and have found that the enhancements have increased their
attendance and sales, even with the reduction of seats, and they expect similar
increases at this location after the renovations are completed. AMC indicated that the
additional food and beverage sales will help offset the cost of the renovations, reduction
in seating, and added staff.
City Council
September 15, 2015
Page No. 4
After the meetings with AMC representative, Captain Curtis Jensen, from the Norwalk
Sheriff’s Station, provided a memo to the City Manager indicating that although they had
previously recommended that additional security be provided as part of the CUP, they
do not see a need to increase security in light of the information that was presented by
AMC’s Director of Security. Additionally, the Captain conducted research as it pertains
to problems, disturbances, or increases in crime at theaters which serve alcohol and he
did not find any data which supports any negative impact. The memo has been
attached to this report.
A CUP is required for the establishment of all uses with SPA No. 1. In addition, Section
17.02.210 of the NMC requires that the Planning Commission impose conditions as
deemed necessary on a CUP to protect the best interest of the surrounding properties
and to ensure compliance with the General Plan. Since alcohol sales within a motion
picture theater are not permitted in SPA No. 1, a Text Amendment application was
submitted per NMC Section 17.02.260.B to amend the language in SPA No. 1 to allow
this use. Pursuant to Section 17.09.160, revisions to SPA No. 1 are authorized per the
Text Amendment process contained in Section 17.02.260.
Text Amendment:
The proposed TA is necessary because, under the permitted uses listed in Section
17.09.110 and prohibited uses listed in Section 17.09.120 in SPA No. 1, bars and
lounges are only allowed within a bona fide restaurant and hotel. The Applicant is
proposing to establish a bar area within the existing AMC Theater, which is not
expressly permitted within SPA No. 1.
Currently, bars and cocktail lounges may only be permitted with a CUP at a bona fide
restaurant and within a hotel. Although the Applicant is pursuing a Type 47 (sale of
general alcohol for on-site consumption) which is the same type of alcohol license
typically used by restaurants, a motion picture theater does not serve meals with the
same mode of operation as defined in the NMC as a bona fide restaurant. A Type 47
alcohol license includes the on-site sale of beer, wine, liquor, or distilled spirits.
The language in italics below is the amended language contained in Ordinance No. 15XXXX. Please note that the language in bold represents added language and language
with strikeouts represents deleted language:
17.09.110 Permitted uses.
“On-sale alcoholic beverage establishments Bars and cocktail lounges
provided such uses are part of a bona fide eating place, or conducted
within a hotel or motion picture theater, subject to the requirements of
City Council
September 15, 2015
Page No. 5
Section 17.04.140, except subsection (E)(1)(distance requirement) of
that section shall not apply,”
17.09.120 Prohibited uses.
“Off-sale alcoholic beverage establishments”
“On-sale alcoholic beverage establishments Bars and cocktail lounges
which are not part of a bona fide eating place, or conducted within a
hotel or motion picture theater;”
The proposed language will make the following changes:
1.
2.
3.
Revises the permitted uses and prohibited uses in SPA No. 1 to allow on-sale
alcoholic beverage establishments at a motion picture theater.
“Off-sale alcoholic beverage establishments” and “On-sale alcoholic beverage
establishments” were used in place of “bars and cocktail lounges” to be
consistent with the language contained in Section 17.04.140, Alcoholic beverage
establishments.
Indicates that on-sale alcoholic beverage establishments at a bona fide
restaurant, hotel, or motion picture theater are subject to the requirements of
Section 17.04.140, Alcoholic beverage establishments, but excludes these
establishments from having to comply with distance requirements between onsale alcoholic beverage establishments and residential uses and other
consideration points. According to Section 17.04.140.E.1, on-sale alcoholic
beverage establishments must be a minimum of 300-feet from specific
consideration points such as, residential uses, schools, churches, clinics, etc.
Further discussion of this requirement as it relates to the AMC Theater is
discussed below.
Conditional Use Permit:
1.
Operations
The AMC Theater is proposing to sell general alcohol for on-site consumption with a
Type 47, On Sale General Eating Place, alcohol license. A Type 47 alcohol license
allows for general alcohol sales in establishments where there are substantial sales of
meals for on-site consumption. The State Department of Alcoholic Beverage Control
(ABC) has issued other AMC Theaters a Type 47 alcohol license. In conjunction with
this request, AMC is also proposing to expand their food options. A sample menu has
been included for City Council’s review.
City Council
September 15, 2015
Page No. 6
As shown on the floor plan, the Applicant is proposing to add a “MacGuffins” branded
bar area with bar seating within the lobby, in addition to overall renovations to the
theater. The new bar area will contain six stools and will cover an approximately 252
square foot area in the lobby area. With the proposed alcohol sales, the average
number of staff members will increase from 28 to approximately 63.
AMC is proposing to have alcohol sales between 10:30 a.m. and 1:30 a.m. The
proposed alcohol sales will be incidental and complementary to the concession sales at
the theater and will only be sold to patrons of the theater who have purchased movie
tickets. Patrons will be able to order their beverages and either consume them while
seated at the bar, lobby, or while in the auditoriums. No service of alcohol or food will
be provided within the auditoriums.
The Applicant has provided a description of the various operational alcohol policies
proposed with the sale of alcohol in the attached narrative, which are outlined as
follows:
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Associates must check proof of age from all guests purchasing alcohol,
regardless of age;
Patrons with an alcoholic beverage, who appear to be under the age of 21 will be
required to show proof of age;
If minors are caught with an alcoholic beverage, law enforcement will be called;
Alcoholic beverages will be served in distinctive cups to differentiate from cups
containing non-alcoholic beverages;
Sixteen ounce cups will be used for beer and cocktails and 10 ounce cups will be
used for wine. The amount of alcohol relative to the non-alcoholic cocktail mix
significantly reduces the risk of intoxication;
Every employee will undergo Training for Intervention Procedures (TIPS), which
is a program for alcohol servers. Therefore, all employees will be responsible for
supervising the consumption of alcohol throughout the theater;
A mystery shopper program, conducted by an outside firm, will be utilized to
ensure that AMC employees are following company alcohol control policies.
Employees who are found to violate the policies will be terminated;
AMC security personnel or staff will monitor the auditoriums every 30 minutes.
Every employee who monitors the auditoriums is required to undergo TIPS
training which provides them with the skills necessary to deal with underage
drinking or inappropriate behavior;
A manager will be responsible for overseeing bar operations whenever the
MacGuffins bar is open. No non-alcoholic beverages will be sold at the bar;
Specific measures will be taken if there is an intoxicated guest which include:
guest is removed from auditorium; guest is asked to not leave the building; guest
City Council
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will be given food and water to diffuse the situation; alternative arrangements will
be made for the guest to get home; guest’s location will be monitored; and law
enforcement will be called if the guest insists on leaving;
As part of the alcohol license issued by ABC, the following conditions are
typically included:
o
All sales and service of alcohol for consumption shall be made only from
concession stands, portable stands or bars, or fixed bars, and shall not be
delivered to customers.
o
No more than 2 alcoholic beverages shall be sold or served to any 1
person during any transaction. AMC’s policy is stricter in that each patron
may only purchase 1 alcoholic beverage during any transaction.
Additionally, security officers are currently present during the following days and
times:
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2.
September 15, 2015
Page No. 7
Friday: 1 security officer from 6:00 p.m. to 1:00 a.m.
Saturday: 1 security officer from 3:00 p.m. to 11:00 p.m.; 1 security officer
from 7:00 p.m. to 3:00 a.m.
Sunday: 1 security officer from 2:00 p.m. to 10:00 p.m.
Proximity to Residential Properties
According to Section 17.04.140.E.1, on-sale alcoholic beverage establishments must be
a minimum of 300-feet from specific consideration points such as, residential uses,
schools, churches, clinics, etc. The distance to the nearest residential property located
to the east, which is developed with a condominium complex, from the rear exit of the
AMC Theater, along the nearest path of travel is approximately 120-feet. The main
entrance/exit into the AMC Theater is approximately 400-feet from the property line of
the adjacent condominium complex. The distance from the rear exit does not satisfy the
requirement that on-sale alcoholic beverage establishments must be a minimum of 300feet from specific consideration points such as, residential uses. With the proposed ,
the AMC Theater, in addition to on-sale alcoholic beverage establishments within a
bona fide restaurant and hotel, will be exempt from this distance requirement.
Staff had previously prepared conditions of approval for CUP No. 973 to mitigate
potential impacts onto the adjacent residential uses. After the meetings with AMC
representatives, Captain Jensen from the Norwalk Sheriff’s Station indicated that the
existing level of security was found to be acceptable. Therefore, condition “g” below
was modified to no longer request additional security. Below is the list of safety related
conditions of approval, which have been included in the attached resolution:
City Council
a.
b.
c.
d.
e.
f.
g.
h.
i.
September 15, 2015
Page No. 8
Sales of alcohol shall not be permitted between the hours of 1:30 a.m. and 10:30
a.m. Monday through Sunday. Ticketed theater guests may only purchase
alcohol during the hours for alcohol sales allowed on the day they purchased
their ticket.
Gross monthly sales of alcohol shall not exceed gross monthly sales of food and
other non-alcohol items within the same period.
Sales and service of alcohol shall not be permitted in any theater or auditorium
area, hallway, or from any concession stand, fixed or mobile, that sells nonalcohol items.
No more than two (2) alcoholic beverages shall be sold or served to any one (1)
person during any transaction.
All alcoholic beverages shall be served in a plastic cup that is significantly
different than containers used to serve non-alcoholic beverages. Containers for
alcoholic beverages shall not exceed 16 ounces.
Applicant is required to conduct a visual inspection and monitor activity of each
theater auditorium no less than every 30 minutes.
Original Condition: A minimum of one (1) security guard shall be on duty 10:30
a.m. to 3:00 a.m. Monday through Sunday. A minimum of three (3) security
guards shall be on duty 7:00 p.m. to 3:00 a.m. Thursday through Saturday. The
city may require additional security guards or law enforcement officers be hired
for any special engagement, premiere, or other special event that is likely to
increase the number of patrons.
Revised Condition: If, at any time, the number of security-related incidents
increases, the City of Norwalk may require additional management and/or
security personnel at the Applicant’s expense during such hours and in such
number as are deemed necessary by the City.
All employees are to complete a Responsible Beverage Server training course
approved by the California Department of Alcohol Beverage Control and City of
Norwalk, Department of Public Safety within six months of approval of
Conditional Use Permit No. 973 or an employee’s start date, whichever occurs
later.
A surveillance camera plan shall be submitted to the Public Safety and
Community Development Departments for review and approval prior to the sale
of alcoholic beverages. The plan shall contain the following elements:
1. Provision of access to the surveillance system by the Norwalk Sheriff’s
Station;
2. Provision of any required software, licenses, user ID’s or passwords to the
Norwalk Sheriff’s Station;
3. Video feed of sufficient quality to permit the Sheriff’s Station to utilize the
feed for law enforcement purposes, whether emergency or investigatory;
City Council
j.
k.
September 15, 2015
Page No. 9
4. Camera Surveillance System to be maintained at all times, including
during non-business hours;
5. Establishment of a minimum maintenance period for all video
recordings/feeds;
6. Provision of copies of recorded videos at the request of the Norwalk
Sheriff’s Station without a warrant or court order;
7. The placement of cameras within the facility to provide coverage of public
areas; and
8. Other elements at the direction of the Director of Public Safety.
The business shall participate in the Department of Public Safety’s Business
Watch program.
Business owner/employees must refrain from engaging in business transactions
with those individuals loitering and/or panhandling, so as to discourage them
from frequenting the area.
Additionally, the Applicant had previously submitted revisions to Public Safety’s
recommended conditions regarding the required surveillance system for CUP No. 973.
The Public Safety Department found the revisions to be acceptable. Therefore, the
attached conditions of approval incorporate the Applicant’s changes as follows:
3.
Concentration of Alcoholic Beverage Establishments
The subject property is located in Census Tract No. 5523.01. ABC recommends that
not more than four on-sale alcoholic beverage licenses should be permitted in the
theater’s Census Tract. Based on the information provided by ABC, Census Tract No.
5523.01 is considered to be under-concentrated since there are currently two existing
on-sale alcoholic beverage licenses issued within the same Census Tract. The
following is a table listing the two other existing off-sale alcoholic beverage
establishments within Census Tract No. 5523.01:
Existing establishments within Census Tract No. 5546
Business Name
Address
License Type
47
Outback Steakhouse*
12850 Norwalk Blvd
(General Alcohol)
47
Doubletree Hotel*
13111 Sycamore Dr
(General Alcohol)
*These establishments are within the same commercial center.
Should City Council approve the Applicant’s request, the total number of establishments
within the census tract with licenses for the on-site sale of alcohol will be three, which is
below the maximum of four recommended by ABC.
City Council
September 15, 2015
Page No. 10
In addition to the concentration of on-sale alcohol sales establishments within the same
census tract, there are a total of six existing establishments within ¼ mile radius which
offer the sale of alcohol for on-site consumption.
Existing establishments within a quarter mile
Business Name
Address
License Type
47
Outback Steakhouse*
12850 Norwalk Blvd
(General Alcohol)
47
Doubletree Hotel*
13111 Sycamore Dr
(General Alcohol)
41
Kung Pao Bowl
12331 Imperial Hwy
(Beer and Wine)
41
El Taco Loco
12341 Imperial Hwy
(Beer and Wine)
47
So Cal Pizza
12253 Imperial Hwy
(General Alcohol)
47
Applebee’s
12129 Norwalk Blvd
(General Alcohol)
*These establishments are within the same commercial center.
Although there are two other establishments in the same commercial center in which
the theater is located and a total of six other establishments within a quarter-mile radius
which sell alcohol for on-site consumption, the census tract in which the theater is
located is not over concentrated. The proposed alcohol sales at the theater will not be
excessive for the surrounding neighborhood.
4.
Neighborhood Crime Statistics
The subject property is located within the Los Angeles County Sheriff’s Department
Reporting District No. 454. According to a report issued by ABC, the number of
offenses in the Reporting District is 1,092, which is above the average of 316.1 for the
City of Norwalk. Since a high crime district is any area with 20% above average (379.4)
Part I crime rate, the reporting district in which the theater is located is considered to be
a high-crime reporting district. There are 16 Reporting Districts within the City of
Norwalk. It should be noted that 6 of the Reporting Districts are specific County
Facilities, while the seventh and eighth are the Metropolitan State Hospital and Cerritos
College.
City Council
September 15, 2015
Page No. 11
Conclusion:
Attached to this report are two resolutions to deny Text Amendment No. 308 and
Conditional Use Permit No. 973, respectively, as recommended by the Planning
Commission. Should City Council determine that the request merits approval, an
ordinance has been prepared and may be introduced for first reading to approve Text
Amendment No. 308 and the prepared resolution may be adopted for approval of
Conditional Use Permit No. 973. Please note that the attached conditions of approval
incorporate changes in regard to security levels and surveillance equipment.
Fiscal Impact: N/A
Citizens Advised:
Notice of this public hearing was posted at the three designated City posting places and
published in the Los Cerritos Community Newspaper on September 4, 2015. The public
comment period on the Negative Declaration began on July 10, 2015 and ended on
July 29, 2015.
Strategic Action Plan Implementation: N/A
Recommended Action:
The Planning Commission recommends City Council consider:
a. adopting Resolution No. 15-XX denying Text Amendment No. 308; and
b. adopting Resolution No. 15-XX denying Conditional Use Permit No. 973.
Please note that a CEQA determination is not required for a project which is denied.
Alternatively, City Council may consider:
a. adopting the Initial Study and Negative Declaration prepared for Text
Amendment No. 308 and Conditional Use Permit No. 973;
b. introducing Ordinance No. 15-XXXX approving Text Amendment No. 308 by title
only and waiving further reading; and
c. adopting Resolution No. 15-XX approving Conditional Use Permit No. 973.
Attachments:
1. Resolution No. 15-XX denying Text Amendment No. 308
2. Resolution No. 15-XX denying Conditional Use Permit No. 973
3. Ordinance No. 15-XXXX approving Text Amendment No. 308
City Council
September 15, 2015
Page No. 12
4. Resolution No. 15-XX approving Conditional Use Permit No. 973, including Exhibit A
5. Location and Zoning map
6. On-Sale Alcohol Licenses within Census Tract Map
7. Quarter-mile Radius Map
8. Sheriff’s Department Memorandum, dated August 25, 2015
9. Public Safety Memorandum, dated August 6, 2015
10. Norwalk Municipal Code - Title 17 Zoning – Specific Plan Area No. 1
11. Sample menu and Applicant’s Narrative
12. Planning Commission Agenda Report, dated August 12, 2015 with resolutions of
approval only
13. Planning Commission meeting minute excerpt, dated August 12, 2015
14. Negative Declaration and Initial Study prepared for Text Amendment No. 308 and
RESOLUTION NO. 15-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
DENYING TEXT AMENDMENT NO. 308
WHEREAS, the City Council has received Text Amendment (TA) No. 308, a
request from Victor De la Cruz with Manatt, Phelps & Phillips, LLP for American MultiCinema (AMC) (“Applicant”), 12300 Civic Center Drive; to modify the existing floor plan
and allow for the sale of alcohol for on-site consumption at a motion picture theater; and
WHEREAS, TA No. 308 was submitted in conjunction with Conditional Use
Permit (CUP) No. 973; and
WHEREAS, Section 17.02.260.B of the Norwalk Municipal Code (NMC)
authorizes the City Council or Planning Commission to initiate an amendment to the
Norwalk Zoning Ordinance for purpose of imposing, modifying or removing a regulation
or development standard; and
WHEREAS, Section 17.02.260.C of the NMC authorizes the Planning
Commission to hold at least one public hearing upon the initiation of a Zoning
Ordinance Text Amendment; and
WHEREAS, Section 17.02.260.D of the NMC stipulates that the Planning
Commission render its recommendation on a Zoning Ordinance Text Amendment,
including the reasons for the recommendation, to the City Council; and
WHEREAS, Section 17.02.260.F of the NMC stipulates that the decision of the
Planning Commission recommending approval or denial of a Text Amendment shall be
automatically reviewed by the City Council at a public hearing; and
WHEREAS, Section 17.02.260.I of the NMC stipulates that the City Council
may approve, modify or disapprove the recommendation of the Planning Commission;
and
WHEREAS, Section 17.09.160 of the NMC authorizes revisions to SPA No. 1 per
the Text Amendment process contained in Section 17.02.260; and
WHEREAS, a Negative Declaration has been prepared for the project pursuant
to the requirements of the California Environmental Quality Act (CEQA) and as
adopted in the City's 1998 local CEQA guidelines to ensure that all potentially
significant, adverse, environmental impacts associated with the project will be reduced
to a level of "less than significant" or "no impact;" and
WHEREAS, on July 22, 2015, the Planning Commission continued the public
hearing for TA No. 308 to the meeting of August 12, 2015; and
WHEREAS, TA No. 308 has been reviewed by the Planning Commission on
August 12, 2015 at which time oral and documentary evidence relative to the application
was received and the Planning Commission recommended City Council denial of the
project with a 5-0 vote;
WHEREAS, TA No. 308 has been reviewed by the City Council on September
15, 2015 at which time oral and documentary evidence relative to the application was
received.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK
HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. This proposed Text Amendment revises the permitted uses and
prohibited uses in SPA No. 1 to allow on-sale alcoholic beverage establishments at a
motion picture theater as conditionally permitted uses. Section 17.02.210.M provides
that a conditional use permit may be granted if it is consistent with the purpose and
intent of Title 17 and the general plan and would serve the public convenience and
welfare. The City Council, however, cannot make one of the required findings, namely
that the use would serve the public convenience and welfare. The sale of alcohol for
on-site consumption at a motion picture theater may pose impacts on the surrounding
area considering there are residential uses approximately 400-feet away from the
theater and may increase the number of crime incidents within the vicinity. Therefore,
the City Council is unable to make the finding that the proposed use will serve the public
convenience and welfare.
Section 2. The Norwalk City Council hereby denies TA No. 308.
APPROVED AND ADOPTED on this 15th day of September 2015.
______________________________
LEONARD SHRYOCK
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
Resolution No. 15-XX
Page 2 of 2
DENYING CONDITIONAL USE PERMIT NO. 973
WHEREAS, the City Council has received Conditional Use Permit (CUP) No.
973, a request from Victor De la Cruz with Manatt, Phelps & Phillips, LLP for American
Multi-Cinema (AMC) (“Applicant”), 12300 Civic Center Drive; to modify the existing floor
plan and allow for the sale of alcohol for on-site consumption at a motion picture
theater; and
WHEREAS, Text Amendment (TA) No. 308 was submitted in conjunction with
CUP No. 973; and
WHEREAS, the purpose and intent of requiring a CUP is to ensure that
compatibility is maintained between a conditional use on a specific site and other
existing and future land uses on the adjacent and surrounding properties; and
WHEREAS, Section 17.02.210 of the Norwalk Municipal Code (NMC) requires
that the Planning Commission impose conditions as deemed necessary on CUP
entitlements to protect the best interest of the surrounding properties and to ensure
compliance with the General Plan; and
WHEREAS, Section 17.02.210.B of the NMC sets forth the required findings that
the Planning Commission must make prior to approval of a CUP; and
WHEREAS, Section of 17.04.140 the NMC requires the review and approval of a
CUP by the Planning Commission for the sale of alcohol for on-site consumption; and
WHEREAS, Section 17.09.100.A of the NMC requires that a CUP is required for
the establishment of any use within SPA No. 1; and
WHEREAS, Section 17.09.100.B.1 of the NMC states that the Planning
Commission shall act as a recommending body and the City Council shall conduct a
public hearing and assume the decision making responsibility for all CUP’s within SPA
No. 1; and
hearing for CUP No. 973 to the meeting of August 12, 2015; and
WHEREAS, CUP No. 973 has been reviewed by the Planning Commission on
WHEREAS, CUP No. 973 has been reviewed by the City Council on September
received.
Section 1. Section 17.02.210.M provides that a conditional use permit may be
granted if it is consistent with the purpose and intent of Title 17 and the general plan
and would serve the public convenience and welfare. The City Council, however,
cannot make one of the required findings, namely that the use would serve the public
convenience and welfare. The sale of alcohol for on-site consumption at a motion
picture theater may pose impacts on the surrounding area considering there are
residential uses approximately 400-feet away from the theater and may increase the
number of crime incidents within the vicinity. Therefore, the City Council is unable to
make the finding that the proposed use will serve the public convenience and welfare.
Section 2. The Norwalk City Council hereby denies CUP No. 973.
______________________________
LEONARD SHRYOCK
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
Page 2 of 2
ORDINANCE NO. 15-XXXX
AN ORDINANCE OF THE CITY OF NORWALK AMENDING THE
NORWALK MUNICIPAL AS IT RELATES TO ALCOHOL SERVED IN
MOTION PICTURE THEATERS AND CONDITIONAL USE PERMIT
REQUIREMENTS WITHIN THE SPECIFIC PLAN AREA NO. 1
THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS
FOLLOWS:
Section 1.
“4.
Section 17.09.110.A.4 is amended to read as follows:
Accessory Commercial:
On-sale alcoholic beverage establishments provided such uses are part of
a bona fide eating place, or conducted within a hotel or motion picture
theater, subject to the requirements of Section 17.04.140, except
subsection (E)(1)(distance requirement) of that section shall not apply,
Delicatessens,
Motion picture theaters, excluding drive-in theaters,
Museums,
Restaurants;”
Section 2.
Section 17.09.120 is amended to read as follows:
“17.09.120 Prohibited uses.
All uses are prohibited unless provided for and authorized under the
specific plan area. Under no circumstances shall the following uses or activities
be permitted either as a principal or accessory use:
Adult-oriented businesses including books stores, drive-in theaters, indoor
theaters, and massage parlors;
Automobile parts and accessories, except as an accessory use to a
permitted principal use;
Automobile repair and service;
Bail bonds office;
Off-sale alcoholic beverage establishments;
On-sale alcoholic beverage establishments which are not part of a bona
fide eating place, or conducted within a hotel or motion picture theater;
Billboards;
Billiard parlor;
Christmas tree sales lots;
Churches, synagogues, temples and other buildings primarily devoted to
religious worship;
Educational institutions;
Fireworks sales stands;
Game arcade (as a principal use);
Gasoline stations;
Home occupations, except for office use only, subject to the requirements
of Section 17.02.150;
Hospitals, sanitariums, child care centers, homes for the aged and other
similar uses;
Ice sales (from dispensers);
Industrial and manufacturing uses;
Laundry business;
Laundry, self-service;
Mobilehome and trailer parks;
Outdoor sales establishments;
Pawnshops.”
Section 3. Severability. If any section, clause or phrase of this Ordinance is for
any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect
the validity of the remaining sections of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance and each section, subsection, sentence, clause
and phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases may be declared unconstitutional.
Section 4. Certification. The City Clerk shall certify to the passage of this
Ordinance and shall cause this Ordinance to be published or posted as required by law.
PASSED, APPROVED and ADOPTED this
day of __________ 2015.
___________________________
LEONARD SHRYOCK
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
Ordinance No. 15-XXXX
Page 2 of 2
APPROVING CONDITIONAL USE PERMIT NO. 973
WHEREAS, the City Council has received Conditional Use Permit (CUP) No.
973, a request from Victor De la Cruz with Manatt, Phelps & Phillips, LLP for American
Multi-Cinema (AMC) (“Applicant”), 12300 Civic Center Drive; to modify the existing floor
plan and allow for the sale of alcohol for on-site consumption at a motion picture
theater; and
WHEREAS, Text Amendment (TA) No. 308 was submitted in conjunction with
CUP No. 973; and
WHEREAS, the purpose and intent of requiring a CUP is to ensure that
compatibility is maintained between a conditional use on a specific site and other
existing and future land uses on the adjacent and surrounding properties; and
WHEREAS, Section 17.02.210 of the Norwalk Municipal Code (NMC) requires
that the Planning Commission impose conditions as deemed necessary on CUP
entitlements to protect the best interest of the surrounding properties and to ensure
compliance with the General Plan; and
WHEREAS, Section 17.02.210.B of the NMC sets forth the required findings that
the Planning Commission must make prior to approval of a CUP; and
WHEREAS, Section of 17.04.140 the NMC requires the review and approval of a
CUP by the Planning Commission for the sale of alcohol for on-site consumption; and
WHEREAS, Section 17.09.100.A of the NMC requires that a CUP is required for
the establishment of any use within SPA No. 1; and
WHEREAS, Section 17.09.100.B.1 of the NMC states that the Planning
Commission shall act as a recommending body and the City Council shall conduct a
public hearing and assume the decision making responsibility for all CUP’s within SPA
No. 1; and
hearing for CUP No. 973 to the meeting of August 12, 2015; and
WHEREAS, CUP No. 973 has been reviewed by the Planning Commission on
WHEREAS, CUP No. 973 has been reviewed by the City Council on September
received.
Section 1. The degree of compatibility required by the Zoning Ordinance will be
maintained with respect to the use of the site, giving consideration to other existing and
potential uses within the general area. The sale of alcohol for on-site consumption at a
motion picture theater will not pose any impacts on the surrounding area with the
recommended conditions and approval of the proposed Text Amendment because the
conditions restrict the mode of operation and hours of sale of alcohol. The Applicant is
also required to adhere to the Department of Public Safety’s Business Watch program.
Section 2. The subject property is located in the Specific Plan Area No. 1 (SPA
No. 1) zone and the sale of alcohol for on-site consumption at a motion picture theater
will be a conditionally permitted use in such zone with the approval of Text Amendment
No. 308. The proposed use is in accordance with the Norwalk General Plan in that the
sale of alcohol for on-site consumption at a motion picture theater will be in compliance
with the performance standards required for its zoning classification and is consistent
with the goals of the City’s General Plan with the recommended conditions.
Section 3. The proposed use will meet all of the requirements of Section
17.04.140 of the Norwalk Municipal Code, as it relates to the requirements for the onsite sale and consumption of alcohol only, with the adoption of the suggested conditions
of approval for CUP No. 973 contained in Exhibit “A.”
Section 4. The proposed on-sale alcoholic beverage establishment within the
motion picture theater promote the objectives, policies, standards; regulations, purpose
and intent provided for in SPA No. 1, which indicate that the intent is to establish a
pattern for the appropriate design of buildings and land uses to achieve a functionally
and visually integrated development. The proposed use within the existing motion
picture theater will continue to achieve the purpose and intent stated in SPA No. 1 in
that safety measures have been incorporated into the conditions of approval to ensure
that negligible impacts are experienced by surrounding uses.
Section 5. Given that AMC Theater is a major tenant at the Norwalk
Entertainment Center, the proposed alcohol sales will preserve the special identity of
the area since the use will remain relatively the same and the alcohol sales will be
Page 2 of 8
incidental to the motion picture theater. The motion picture theater will continue be
functionally located and integrated with respect to other uses within this specific plan
area. Additionally, sufficient evidence will be provided to assure that no unmitigated
adverse environmental effects caused by odor, noise, glare, traffic, vibrations, fumes,
smoke, particulate matter or unsafe storage of hazardous materials will occur, with the
recommended conditions of approval.
Section 6. The Norwalk City Council hereby approves CUP No. 973 subject to
the conditions contained in attached Exhibit "A".
______________________________
LEONARD SHRYOCK
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
Page 3 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 973
The following Conditions of Approval shall be complied with prior to the sale of general
alcohol for on-premise consumption:
A.
Standard Conditions of Approval
1.
Conditional Use Permit No. 973 is approved for the sale of alcohol for on-site
consumption (i.e., a Type “47” Alcoholic Beverage Control license) at 12300 Civic
Center Drive.
2.
Approval of this Conditional Use Permit shall not become final and effective until
the ten (10) calendar day appeal period has lapsed.
3.
Approval of this Conditional Use Permit shall be valid for one (1) year from the
date of final approval and shall become null and void unless the use has been
established within this time period or an extension of time is granted pursuant to
a written request received prior to the expiration date. The Director of Community
Development may grant two (2) one-year extensions. The Planning Commission
may grant a final one-year extension. Prior to the granting of the final extension
request, notice shall be given in the same manner as required for the original
application.
4.
The Planning Commission reserves the right to hold a public hearing to consider
the revocation of this permit, or the imposition of additional conditions, if the
Commission determines that such action is warranted.
5.
Conditional Use Permit No. 973 shall be subject to revocation in the manner
provided by Section 17.02.210 of the NMC if any of the conditions of approval
listed herein are not complied with at any time.
6.
The approved use shall be in substantial conformance with the application as
described in the Agenda Report to the Planning Commission and as approved by
the Planning Commission. The Director of Community Development shall
determine whether a modification is in substantial conformance.
7.
Any change in the approved alcoholic beverage licensure type (i.e., Type “47”,
on-premise general alcohol) for this site shall require the prior review and
approval of a new Conditional Use Permit by the Planning Commission.
8.
A copy of the conditions of approval for Conditional Use Permit No. 973 shall be
kept on the premises of the establishment at all times and shall be presented to
any peace officer or any authorized City official upon request.
Page 4 of 8
9.
The applicant shall be in strict compliance (at all times) with Section 17.04.140
(Alcoholic Beverage Establishments) of the Norwalk Municipal Code to the
satisfaction of the Director of Community Development.
10.
Should any conflict arise between these conditions of approval and any City,
County, State and/or Federal requirements, the more restrictive requirement(s)
shall apply in all cases.
11.
The applicant shall comply with all applicable provisions of the Norwalk Municipal
Code (at all times) to the satisfaction of the Director of Community Development.
12.
Compliance with all conditions of approval specified herein shall be
accomplished prior the commencement of any alcohol sales.
13.
There shall be no exterior advertising of any kind or type, including advertising
directed to exterior from within, promoting or indicating the availability of alcoholic
beverages.
14.
No outdoor dining areas may be established without the filing of a Precise
Development Plan and review and approval by the Planning Commission.
15.
The sale of alcohol for consumption off the premises is prohibited.
16.
The premises shall be maintained as a motion picture theater and shall provide a
menu containing an assortment of food as offered in such theaters.
17.
No employee or agent shall solicit or accept any alcoholic or non-alcoholic
beverage from any customer while in the premises.
18.
No pay phone will be maintained on the interior or exterior of the premises or
subject property.
19.
The rear doors of the premises shall be equipped on the inside with an automatic
locking device and shall be closed at all times, and shall not be used as a means
of access by patrons to the licensed premises. A secondary means of egress as
required by the building code, shall be maintained unobstructed at all times.
Temporary use of these doors for delivery of supplies does not constitute a
violation. Further, the doors and associated locking hardware shall comply with
all building code requirements.
20.
The licensee/petitioner shall not maintain or construct any type of enclosed room
intended for use by patrons or customers for any purpose.
Page 5 of 8
21.
Prohibited signs, including A-frame, vehicle supported, and roof signs shall not
be placed on the property. Permits for banners and pennants shall be obtained
from the Community Development Department prior to installation.
22.
All improvements on the property will be continuously maintained, including
repairs to structures and replacement of dead or diseased plant material.
23.
Exterior storage of any kind shall be prohibited.
24.
Litter and trash receptacles shall be located at convenient locations inside and
outside of the establishment. All areas under control of the licensee shall be
swept or cleaned, either mechanically or manually, on a regular basis to control
trash and debris. “No Littering” signs shall be posted on the subject property.
25.
The subject property and area under applicant/property owner’s control shall be
regularly monitored in an effort to prevent the loitering of persons about the
premises.
26.
The licensee/petitioner shall post and maintain a professional quality sign facing
the premises parking lot that reads as follows: NO LOITERING, NO LITTERING.
NO DRINKING OF ALCOHOLIC BEVERAGES.
27.
Any graffiti painted or marked upon the premises shall be removed or painted
over to match the color of the surface to which it is applied within 24 hours of the
discovery thereof.
28.
Applicant will cooperate with the prosecution of offenders who engage in unlawful
activity on-site.
29.
Any change to the exterior color of the building shall be approved by the
Community Development Director, or his designee, prior to painting.
30.
No alcohol may be sold or served outside the building.
31.
The owner, manager, or person in charge of the establishment shall be 21 years
or older. At least one (1) such person shall be present on the premises at all
times. No person under the age of 18 shall sell alcoholic beverages.
32.
33.
The Applicant shall indemnify, defend and hold harmless the City of Norwalk, its
officers, agents, employees, and volunteers (collectively, the “City”) from any and
all claims, lawsuits or actions arising from the granting of, or the exercise of the
rights permitted by this approval, or any other related land use entitlement or
Page 6 of 8
approval granted by the City, and from any and all claims or losses occurring or
resulting to any person, firm, corporation or property for damage, injury, or death
arising out of, or connected in anyway, with the use permitted by the City on the
property. Applicant’s obligation to indemnify, defend, and hold harmless the City
shall include, but not be limited to, paying all legal fees and costs incurred by
legal counsel of the City’s choice, including expert witness fees, in representing
the City in connection with any such claims, losses, lawsuits or actions, and any
award of damages, judgments, verdicts, court costs or attorney’s fees in any
such lawsuit or action.
B.
Project Specific Conditions of Approval
1.
Sales of alcohol shall not be permitted between the hours of 1:30 a.m. and 10:30
a.m. Monday through Sunday. Ticketed theater guests may only purchase
alcohol during the hours for alcohol sales allowed on the day they purchased
their ticket.
2.
3.
Sales and service of alcohol shall not be permitted in any theater or auditorium
area, hallway, or from any concession stand, fixed or mobile, that sells nonalcohol items.
4.
No more than two (2) alcoholic beverages shall be sold or served to any one (1)
person during any transaction.
5.
All alcoholic beverages shall be served in a plastic cup that is significantly
different than containers used to serve non-alcoholic beverages. Containers for
alcoholic beverages shall not exceed 16 ounces.
6.
Applicant is required to conduct a visual inspection and monitor activity of each
theater auditorium no less than every 30 minutes.
7.
If, at any time, the number of security-related incidents increases, the City of
Norwalk may require additional management and/or security personnel at the
applicant’s expense during such hours and in such number as are deemed
necessary by the City.
8.
All employees are to complete a Responsible Beverage Server training course
approved by the California Department of Alcohol Beverage Control and City of
Norwalk, Department of Public Safety within six months of approval of
Conditional Use Permit No. 973 or an employee’s start date, whichever occurs
later.
Page 7 of 8
9.
A surveillance camera plan shall be submitted to the Public Safety and
Community Development Departments for review and approval prior to the sale
of alcoholic beverages. The plan shall contain the following elements:
a. Provision of access to the surveillance system by the Norwalk Sheriff’s
Station;
b. Provision of any required software, licenses, user ID’s or passwords to the
Norwalk Sheriff’s Station;
c. Video feed of sufficient quality to permit the Sheriff’s Station to utilize the
feed for law enforcement purposes, whether emergency or investigatory;
d. Camera Surveillance System to be maintained at all times, including
during non-business hours;
e. Establishment of a minimum maintenance period for all video
recordings/feeds;
f. Provision of copies of recorded videos at the request of the Norwalk
Sheriff’s Station without a warrant or court order;
g. The placement of cameras within the facility to provide coverage of public
areas; and
h. Other elements at the direction of the Director of Public Safety.
10.
The business shall participate in the Department of Public Safety’s Business
Watch program.
11.
Business owner/employees must refrain from engaging in business transactions
with those individuals loitering and/or panhandling, so as to discourage them
from frequenting the area.
12.
Alcohol sales will be restricted to the “MacGuffins” bar area as indicated on the
submitted plans and consumed within bar area and designated theaters.
– END OF CONDITIONS –
Page 8 of 8
ATTACHMENT NO. 5
LOCATION AND ZONING MAP
12300 CIVIC CENTER DR.
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PROPERTY
ATTACHMENT NO. 6
ALCOHOL MAP
12300 CIVIC CENTER DR.
ON-SALE LICENSES WITHIN CENSUS TRACT 5523.01
LIBRARY
CITY
RECORDER
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SUPERIOR
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SUBJECT
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ATTACHMENT NO. 7
ATTACHMENT NO. 8
ATTACHMENT NO. 9
CITY OF NORWALK
DEPARTMENT OF PUBLIC SAFETY
MEMORANDUM
DATE:
August 6, 2015
TO:
Jessica Serrano, Senior Planner
FROM:
Joshua Yordt, Public Safety Manager
SUBJECT:
CUP 973 – 12300 Civic Center Dr., AMC Theater / MacGuffins Bar
Staff has reviewed the application submitted by AMC Theater located at 12300 Civic
Center Dr. for CUP 973 to allow on-site alcohol sales.
Upon review of the application, the Department of Public Safety recommends the following
conditions.
 Sales of alcohol shall not be permitted between the hours of 1:30 a.m.
and 10:30 a.m. Monday through Sunday. Only ticketed theater guests
may purchase alcohol on the same day as their ticket.
 Gross monthly sales of alcohol shall not exceed gross monthly sales of
food and other non-alcohol items within the same period.
 Sales and service of alcohol shall not be permitted in any theater or
auditorium area, hallway, or from any concession stand, fixed or mobile,
that sells non-alcohol items.
 No more the two (2) alcoholic beverages shall be sold or served to any
one (1) person during any transaction.
 All alcoholic beverages shall be served in a plastic cup that is significantly
different than containers used to serve non-alcoholic beverages.
Containers for alcoholic beverages shall not exceed 16 ounces.
 Applicant is required to conduct a visual inspection and monitor activity of
each theater auditorium no less than every 30 minutes.
 A minimum of one (1) security guard shall be on duty 10:30 a.m. to 3:00
a.m. Monday through Sunday. A minimum of three (3) security guards
shall be on duty 7:00 p.m. to 3:00 a.m. Thursday through Saturday. The
city may require additional security guards or law enforcement officers be
hired for any special engagement, premiere, or other special event that is
likely to increase the number of patrons.
 All employees are to complete a Responsible Beverage Server training
course approved by the California Department of Alcohol Beverage Control
and City of Norwalk, Department of Public Safety within six months of
approval of modified Conditional Use Permit 973 or an employee’s start date,
whichever occurs later.
 A surveillance camera system is to be maintained operational at all times,
including during non-business hours. The system features and functions
shall be accessible by any employee at all times during normal business
hours.
 The system is to be such that it can be accessed via an Internet
connection, as a web based program. Any software and/or licenses
required to operate the system shall be provided to Norwalk Sheriff’s
Station.
 A unique user ID and password shall be created and provided for Norwalk
Sherriff’s Station use to access the system at anytime during an
emergency or crime in progress incident.
 The system should provide a minimum of 720x480 picture quality, 2 lux
lighting operating capability in color, signal compression of H.264, and be
recorded to an internet DVR with a minimum retention of 30 days
 Cameras shall be placed to provide coverage of all entrances/exits, cash
registers/safes, retail sales floor area, beer/wine displays, office/storage
areas, and the parking lot area. A surveillance camera plan shall be
submitted for review and approval by Public Safety, Community
Development, and Norwalk Sheriff’s Station.
 Business owner or employees are to provide recordings upon request by
law enforcement, without a warrant or court order.
 The business shall participate in the Department of Public Safety’s Business
Watch program.
 Business owner/employees must refrain from engaging in business
transactions with those individuals loitering and/or panhandling, so as to
discourage them from frequenting the area.
Should you have any questions, please feel free to contact me.
ATTACHMENT NO. 10
ATTACHMENT NO. 11
ATTACHMENT NO. 13
MINUTES OF THE REGULAR MEETING
NORWALK PLANNING COMMISSION
NORWALK, CALIFORNIA
AUGUST 12, 2015
The meeting was called to order by Chair Juan at 7:30 p.m., in the Norwalk City Hall,
Council Chambers, 12700 Norwalk Boulevard, Norwalk, California. Present were
Commissioners Barragan, Barth, Perez, Vice Chair Collins and Chair Juan. Also
present were Kurt H. Anderson, Director of Community Development; Jessica Serrano,
Senior Planner; and Ruth Hoffmann, Administrative Secretary.
MEETING MINUTES
The Planning Commission approved the minutes of the Regular Meeting of July 22,
2015.
ADOPTION OF A NEGATIVE DECLARATION
320-05-308
TEXT AMENDMENT NO. 308
CONDITIONAL USE PERMIT NO. 973
320-01-973
Victor De la Cruz with Manatt, Phelps & Phillips, LLP for American Multi-Cinema
(AMC) (“Applicant”); a request to:
(1) Amend the Norwalk Municipal Code to establish regulations and allow the
sale of alcohol for on-site consumption at a movie theater as a conditionally
permitted use within the Specific Plan Area No. 1 (SPA No.1) zone; and
(2) Approve a Conditional Use Permit to modify the existing floor plan and allow
for the sale of alcohol for on-site consumption at a movie theater. The
subject property is generally known as the Norwalk Entertainment Center,
12300 Civic Center Drive (“subject property”), located east of the intersection
of Civic Center Drive and Norwalk Boulevard, in the Specific Plan Area No. 1
(SPA No. 1) zone.
Chair Juan opened the continued public hearing.
Staff presented the notice information. Senior Planner Serrano presented a report
indicating that as part of the conditions of approval recommended by staff, several
security measures have been put into place, one of which requires a security guard onsite; that prior to tonight’s meeting, the applicant submitted several modifications to
Condition Nos. A-34, A-35, A-36, A-37 and A-38 which pertain to the surveillance
camera system; that the Public Safety Department indicated that the changes are
acceptable; that, additionally, the applicant requested that Condition No. B-6, which
provides, in part, that a minimum of one security guard be on duty from 10:30 a.m. to
3:00 a.m. Monday through Sunday and a minimum of three security guards be on duty
from 7:00 p.m. to 3:00 a.m. Thursday through Saturday, be replaced with the following
language: “Upon commencement of sales of beer, wine, and distilled spirits the
approved use permit will be subject to a six-month and one-year review by the Planning
Commission.” Senior Planner Serrano further stated that, overall, staff does not believe
Norwalk Planning Commission
Minutes of the Regular Meeting
August 12, 2015
that the proposed Text Amendment and Conditional Use Permit will pose any
inconsistencies with the surrounding uses nor contribute to public safety concerns with
the recommended conditions of approval; and that resolutions recommending City
Council approval of the Text Amendment and Conditional Use Permit are attached to
the staff report for the Planning Commission’s consideration.
Vice Chair Collins stated that the Commission received a letter today from the law firm
of Briggs Law Corporation on behalf of Mr. Peter Lay which provides, in part, that
“common sense dictates that permitting alcoholic beverages in an area that has been
designated “high-crime” by the Los Angeles County Sheriff’s Department does not serve
the public welfare.” He asked if it is correct that with the exception of the hospital on
Norwalk Boulevard all of Norwalk is a high crime area because of the way statistics are
reported. Director Anderson answered in the affirmative and he added that the other
statistical area that skews it is the College campus.
Mr. Victor De la Cruz with Manatt, Phelps & Phillips, LLP stated that he represents the
AMC movie theaters; that he would like to talk about their “MacGuffins” concept; that,
for purposes of this presentation, he would like to divide it up into three different
components: (1) the movie theater industry and why they are doing this; (2) the different
alcohol policies and procedures that they have in place to address any potential issues
with respect to the service of alcohol; and (3) the conditions of approval that they have
expressed some concerns with and that they would like to tweak.
He further stated that the movie theater industry has been dying for many years; that
last year, for example, was the lowest recorded attendance year in about thirty years;
that the reason for that has to do a lot with their competitors which are companies like
Netflix and Redbox, and the fact that people can watch a movie on a computer screen;
that, coupled with the fact that a lot of the movie theaters have attracted lots of
teenagers, this has resulted in the adult audience going elsewhere for a quiet night;
that, in addition, parents are dropping off their children at movie theaters which has also
affected their bottom line; that, from a financial standpoint, the movie theater industry is
kind of consolidating around these new programs that he is going to talk about; that 50
percent of the ticket price goes to the Hollywood studios; that they get to keep the other
50 percent of the ticket price; that the revenue that they get from the tickets ends up just
supporting the staffing and the maintenance for the building; that the movie theaters
these days are making their money from concessions, which has been the case for
quite some time; that this explains the high markup on a lot of the items; that what they
have seen is that a lot of the adult audiences gravitate on just staying at home and
watching movies because they feel that the movie theaters are getting rowdy with a lot
of teenagers; that they are losing money at the concessions because the young people
are not spending money at the concessions; that it is really the adult audience that
spends money on popcorn and drinks; that this is a trend that they have been seeing
throughout for many years; that AMC was one of the first movie theaters that started
doing the MacGuffins alcohol concept; that this concept has been in place for many
2
August 12, 2015
years but is a relatively new concept in this part of California; that AMC currently has
112 movie theaters nationwide that sell alcohol; that they just started kicking it into high
gear in Southern California; that there are approximately 12 movie theaters in this State
that have the MacGuffins concept; that, in addition to that, they have the dine-in
theaters as well which also have alcohol service; that the plan is to consolidate all of
their operations in that direction; that in connection with the sale of alcohol, they are
going to completely refurbish the movie theater and gutting the auditoriums; that this is
a multi-million dollar renovation for the Norwalk theater; that they will take out a lot of
the seats, and add some of the plush recliner seats; that they find that with these
changes, including reservation seating which can be done on-line, and introducing the
alcohol service, they are turning around the movie theater industry as the adults, which
are the key demographic that they are after, are spending money on concessions; and
that they have also revamped the many offerings that they have which is part of the new
concept that they are creating.
Mr. De la Cruz commented on alcohol in the movie theater and the policies they have in
place to deal with it. He indicated that, first, he would like to clarify what alcohol service
in a theater means; that in all of their theaters, the average number of alcoholic drinks
that are purchased by an individual is 1.1 nationally; that people go to the concession
stand and purchase one drink and then they go inside the movie theater; that they do
not want to leave to get another drink because they are going to miss the movie; that
this addresses the general sense of the program; that it is only for ticketed customers;
that the bar area itself has been designed to have bright lights and is located in a high
traffic area in the lobby; that people do not linger in the area; that they have stools that
are meant as a design motif to make it look like a bar area; and that it really is a place
where people go in, buy a drink and move on into the theater.
Further, Mr. De la Cruz stated that in terms of the policies and procedures that they
have in place, it is very important to AMC that they not mess up even once, as they
would have problems getting this approved; that, further, it is very important to them to
get these programs done correctly; that they are the gold standard in terms of all of the
policies and procedures that they put in place; that, again, AMC was the first company
that started this trend; that regarding the identification card requirement, anyone
purchasing alcohol will be carted regardless of age; that the policy they have in place is
that if someone is 100 years old and looks that age they will still be carted; that there is
a zero tolerance policy in place for all employees; that if they break that rule they are
out; that one of the ways that they enforce that is that they have a mystery shopper
program where they regularly sent an outside consultant that they use, people who are
near the age of 21 and look young, to go ahead and purchase alcohol; that if they fail
the test there are penalties for the employee; that for companies that conduct these
mystery shopper tests, the general average is about an 86 percent success rate; that 90
to 93 percent is generally considered the gold standard; and that AMC is actually at
96.2 percent right now; that if any patron under the age of 21 is found with alcohol, they
call the police; that they have a no tolerance policy where the police is immediately
3
August 12, 2015
called; that in addition to the zero tolerance for minors in possession, they have a
program in place where they have a person going into each of the auditoriums at least
once every 30 minutes going up and down the aisles to make sure that nobody is
consuming alcohol under the age of 21; that they are able to know that because they
have very distinctive cups for the different drinks; that, for example, Coke can only be
bought at the regular concession area and is served in Coke cups; that even the small
size cups are significantly bigger than the MacGuffins cup which is a clear cup; that the
MacGuffins cup has black straws and the regular concession drinks have red straws;
that, in addition, there are the people in the projection area that are able to see what is
going on; that they also have a policy that they implement which is Training for
Intervention Procedures (TIPS); that this is something they do for every single employee
at the movie theater; that once alcohol is introduced into the theater, everyone goes
through a program and gets certified in connection with how to address alcohol-related
issues; that they found that once they have an alcohol Conditional Use Permit the
number of alcohol-related incidents at their movie theaters has actually gone down; that
the reason for that is because they have employees who are able to see if people are
intoxicated or not when they are walking into the movie theater; that they have a very
strict policy on how they deal with intoxicated guests; that they have a national Director
of Alcohol who told them that there have not been any incidents of this type; that they
do have a protocol in place that if something were to happen, they would remove the
guest from the auditorium and ask the guest not to leave the building; that they would
defuse the situation by providing water and food; that they would make alternative
arrangements for the guest to get home; and that they notify law enforcement if the
guest insists on leaving; that, again, it hasn’t been something that they actually had to
implement, but that it is a program that they have in place; that there are a lot of
different measures that they have in place such as video cameras and where they are
located; that the Norwalk theater currently has 61 security cameras; and that they have
a policy where the alcohol gets stored under lock and key.
Mr. De la Cruz indicated that he would like to talk about the conditions of approval; that
they believe they have agreement from the City’s Public Safety Department on the
surveillance camera conditions; that those were relatively easy to resolve; that they had
to do with the system that they have in place right now and making sure that their
technology links up with the Los Angeles County Sheriff’s; that they were able to work
on revisions to that language that made sense from the standpoint of AMC’s analogue
system versus the digital one that was initially being requested; that another tweak was
that the condition required the surveillance system to be accessible to all employees;
that AMC management could not have that because they have a lot of young
employees and felt that it was not appropriate to provide that access to everybody; that
it is just the managers that need to have access to the surveillance system; that the big
issue that they have is that they have a security guard requirement that is being
suggested by Public Safety; that if they cannot get that changed, their proposal cannot
move forward due to the economics of the project; that the number of alcoholic drinks
that they will be selling is not that high given to what it will cost to have all of the
4
August 12, 2015
additional security guards that would be required; that they have 112 movie theaters
that sell alcohol throughout the country; that they have never seen a condition requiring
that many security guards; that one of the reasons may have to do with some incidents
that have been in the media recently with Aurora, Illinois, the sentencing that just
happened, and a close copy-cat incident that took place; that he cannot emphasize
enough that no number of security guards could have prevented the situation that
happened in Aurora; that this is an issue that they are dealing with as a movie theater
industry; that they are already struggling, but that they have a full staff of employees, all
of whom will receive TIPS training; that for them to have that high level of security
guards at the theater just would not work; that he does understand that there are
concerns because they have not seen this sort of model in this area; that they just got
approved in the City of Industry which required them to have one security guard on
Fridays, Saturdays and Sundays; that the City of Norwalk is asking them to provide
three security guards on weekends and one security guard during weekdays; that they
have a whole team of security comprised of former law enforcement officers based out
of Kansas City; that they evaluate each of the different movie theaters based on the
number of incidents, what is standard across the industry, and what would be
necessary; that he had suggested to the Planning Division that a condition be added
that the application be brought back to the Planning Commission in six months or in one
year for review as required by the Cities of Santa Clara, Riverside and Ontario; that he
would ask this Commission to add such a condition to give them a chance to show that
their experience at all of the theaters nationwide is going to be the same at Norwalk;
that, as he stated, they are going to be cutting the number of seats in the theater by
about half; and that it is going to be a smaller theater with a much more adult audience
because of the environment that they are creating.
Commissioner Perez thanked the applicant for putting together, with staff, a great
report. She stated that she would like to know how would they monitor who is actually
drinking that beverage if they are only checking the auditorium every 30 minutes; and
that if they have 20 theaters are they going to have 20 designated people to go in there
every 30 minutes.
Mr. De la Cruz replied that every single auditorium needs to be monitored; that the
Department of Alcoholic Beverage Control (ABC) for the State of California worked with
them on the development of the Type 47 license for movie theaters; that, initially, they
had the same concerns as expressed by Commissioner Perez; that when they started
this they had age-restricted auditoriums; that, right now, AMC only has one movie
theater in the entire country, which is located in La Jolla, that is age-restricted; that the
key thing to keep in mind is that if people go to a restaurant or an event, that potential
issue may be happening in that someone is going to take a sip of another person’s
drink; that he is not going to say that the program is going to be 100 percent fool-proof;
that he can say that a lot of teenagers are sneaking in alcohol into a movie theater that
they take from their parents’ liquor cabinet; that there is nobody in the theater that is
able to address that issue; that they absolutely need to have that theater monitoring
5
August 12, 2015
based on the fact that it is an ABC requirement; that part of the TIPS training is also to
be able to identify the risk factor; that they know if a 24-year old is there with an 18-year
old; that, in addition, they have distinctive cups; that another thing to keep in mind is that
the average consumption is 1.1 drinks; that the alcohol content in an AMC Margarita, for
example, is one shot as this is part of the policies and procedures that they have in
place to make sure that nobody is going to get intoxicated off the drinks; that AMC is a
movie theater that has a relationship with Disneyland and Universal Studios; that they
have been approved at Downtown Disney for this alcohol concept; that Disney is their
landlord and they are very comfortable with the program; that the same applies to
Universal Studios; and that, hopefully, this provides a little bit of comfort.
Vice Chair Collins stated that he read their letter and was not happy with it at all; that all
of the Commissioners live in this community and have to live with the AMC Theatre; that
he would like to know what would stop two friends, one over 21 and one younger, from
getting a Coke and later pouring a drink into the Coke cup; and that somebody checking
the auditorium every 30 minutes would not be able to differentiate what is in the cup.
Mr. De la Cruz indicated that he believes that teenagers would probably not spend
money on movie theater alcoholic drinks that have been incredibly diluted; that the
biggest thing has to do with the environment that they are creating, coupled with the
price of a drink which is going to be higher than going to a restaurant; that the same
thing can happen at a restaurant; that if the waitress is not looking, they can order a
much stiffer drink and pour it into the Coke; that he believes that there is a general
aversion for someone who is not familiar with a movie theater that something is going to
go wrong; that, again, they provided a list of movie theaters where they have these
operations to the Planning staff; and that any time that different Planning Departments
have called other cities and asked for their experiences, there were no incidents to
report.
Vice Chair Collins stated that if these drinks are so diluted and only have one shot and
somebody buys 1.1 drinks while they are there, why even bring that concept in as it
seems like a losing money situation.
Mr. De la Cruz stated that they will be selling beer and wine as well as the other
alcoholic drinks; that it is profitable for the company; that it is helping them survive and
allow them to do the improvements to the theaters; that as part of this project, they are
taking a theater that has not been renovated in 20 years, gutting it, and are completely
redoing it; that, as they are also reducing the number of seats in the auditorium, this is
going to reduce the number of patrons that they are going to have; that they need to be
able to make up some of that money through their concessions. He further stated that
he, too, lives in a community where they have some theaters that have this program in
place; that he has seen first-hand that it works; that this is the direction that the movie
theater industry, as a whole, is going in; and that AMC started the program but all of
their competitors are doing the same.
6
August 12, 2015
In response to Commissioner Perez’ question if there is a possibility of designating a
few of the theaters for persons age 21 and older, Mr. De la Cruz answered “no”. He
stated that from AMC’s standpoint, they looked at this and found that there was no need
to create a separate system.
In reply to Commissioner Perez’ question depending upon what happens tonight, are
they still going to renovate the theater with or without the bar, Mr. De la Cruz stated that
he does not want to say that it is not going to happen if they were to be denied; and
that, right now, with the security guard issue, it might not work.
Commissioner Barragan stated that she totally understands the proposal from a
business perspective about the dying of the theaters; that everyone wants to make sure
that the theaters stay afloat; that her only problem is with the alcohol and with the
children; that she would like to know if it would be cost-effective for the theater to make
the facility for ages 21 and over as they would not have the concern about families; and
that this venue might generate the revenue that they are looking for.
Mr. De la Cruz stated that it may be helpful to go through the list of the theaters that
have the alcohol approval in California; that La Jolla is the one exception where they do
have age-restricted auditoriums; that they have the Chula Vista 10, Tustin 14, Burbank
16, the Tyler 16 in Riverside, Bay Street 16 in Emeryville, Marina del Rey 6 in Los
Angeles, Fullerton, Ortega Ranch in Chula Vista, Ontario Mills, Puente Hills 20 in the
City of Industry, Victoria Gardens in Rancho Cucamonga, Metreon 16 in San Francisco,
Mercado in Santa Clara and NewPark in Newark. Further, he commented on the
question of restricting the movie theater to ages 21 and older. He stated that there are
some theaters that do that; that he has only seen that in connection with some of the art
houses; that AMC does not think that having alcohol in a movie theater is anti-family in
any way; that they have taken so many measures to make sure that they do not have
any incidents; that they maintain the family atmosphere; that AMC is America’s movie
theater chain; that they invented the concept of stadium seating and the cup holders;
that what they are trying to do now is to stay afloat; that to some people the sale of
alcohol may seem like a crass way of doing that; and that AMC is trying to make the
movie theater a much more pleasant adult environment.
In response to Commissioner Barth’s question regarding the 10:30 a.m. start hours for
serving of alcohol and if they have to stick to that time, Mr. De la Cruz answered “not
really.” He stated that the reason they have 10:30 a.m. to 1:30 a.m. is because that is
the ABC language and provides consistency across all of their theaters; that they do not
serve alcohol at 10:30 a.m., noon or even at 2:00 p.m.; that it does not pay to have
someone in the concession area at those times because it would cost more to pay for
the bartenders; and that if this is an issue he would be happy to talk about the hours.
Since there were no other persons wishing to present testimony, Chair Juan closed the
public hearing.
7
August 12, 2015
Vice Chair Collins stated that, first, he would like to thank AMC for bringing this item
before the Planning Commission and for having a movie theater in Norwalk which his
kids attend and enjoy; that he has some concerns about this application; that he does
not believe that they could compare a dark movie theater to Disneyland or Universal
Studios as brought up by the applicant; that walking up and down the aisles in a dark
theater every 30 minutes not everything can be seen; that he may be of the old mindset
that a movie theater is a family place; that he does not feel comfortable with granting
this application for an alcohol license for the AMC movie theater; that at the beginning of
the applicant’s presentation he indicated that parents drop off children at the movie
theater; that they are putting alcohol in the mix with a lot of teenagers; that by opening
up a bar that serves beer and wine they believe that the attendance by adults will
increase; that he does not see that to be the case; that he believes they will be opening
themselves up to some more problems in the movie theater with security; that he does
not have a problem with the security that Public Safety has recommended; that he does
not believe that it has anything to do with Aurora but rather with the alcohol; that a lot of
things have happened in movie theaters but knowing the City’s Public Safety
Department they are very thorough about security when it comes to alcohol; that
another concern is the site’s proximity to a neighborhood; that if it was a sit-down
restaurant, he could give some leniency to it; that he does not see the movie theater as
a destination spot where people are going to go and eat dinner; and that, at this time, he
cannot make the findings for this application.
Chair Juan indicated that he agrees with Vice Chair Collins’ comments. He further
stated that he is definitely not comfortable recommending approval to the City Council;
that the applicant mentioned that from the ABC standpoint there are no issues with the
request; that the applicant commented on creating an environment; and that he,
personally, would have been sold on the 21 years old and over concept.
Commissioner Barragan stated that, as mentioned by the applicant, people are going to
bring alcohol into the movie theater; that having a bar is just another way of saying that
it is okay to bring alcohol; and that she would have given serious consideration to their
request if it was for a 21 and over establishment.
Commissioner Perez stated that she thoroughly read the report several times; that she
read the letters that were given to the Commission this evening; that she completely
understands the business aspect of making money; that one of the applicant’s first
statement was that the movie industry is a dying industry; that she does not believe that
adding alcohol is the solution; that regarding dropping off children, she drops off her
teenager all the time; that if he is there by himself, she, as a parent, should be watching
what goes on around that; that she trusts a theater that does not have alcohol to do that
for her; that adding alcohol in the mix is an assumption that something could possibly
happen or may happen; that this is why they are in the position they are in to make that
recommendation to the City Council and that they will take it from there; that the other
big concern she has is that at least two of the doors exit out directly to residential
8
August 12, 2015
condominiums; that when she goes to the movie theater she buys a large soda and a
large popcorn; that if she is not done with it she is taking it home; and that she would
like to know how are they going to stop that alcohol from walking out the door; that she
did not hear anything about being forced to throw away that clear cup when they exit the
movie theater, nor did she see that issue being addressed; that she does not believe a
bar is the right fit for that particular location; that she has been at some of the locations
for ages 21 and above; and that she wonders if they are in large city centers or city
walks and not adjacent to residential areas; and that, at this time, she agrees with her
colleagues that she cannot recommend that the City Council go forward with the
applicant’s request.
It was moved by Vice Chair Collins and seconded by Commissioner Barth, to
recommend City Council denial of Text Amendment No. 308 and Conditional Use
Permit No. 973.
ON ROLL CALL VOTE
AYES:
Commissioners Barragan, Barth, Perez, Vice Chair Collins and Chair
Juan
NOES:
None
ABSENT:
None
ORAL COMMUNICATIONS:
There were no persons wishing to address the Planning Commission,
ADJOURNMENT
There being no further business, the meeting adjourned at 8:38 p.m.
________________________________
VICTOR JUAN, JR., CHAIR
ATTEST:
__________________________________
KURT H. ANDERSON, SECRETARY
9
ATTACHMENT NO. 14

12 - City of Norwalk

Transcription

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