ITEM 15 ATTACHMENT B RESOLUTION NO

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1 ITEM 15 ATTACHMENT B RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALABASAS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE/ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE EXISTING EDWARDS THEATRE AT 4767 COMMONS WAY (ANPN: ), WITHIN THE COMMERCIAL, MIXED USE (CMU) ZONING DISTRICT. Section1. The City Council of the City of Calabasas has considered all of the evidence submitted into the administrative record which includes, but is not limited to: 1. Agenda reports prepared by the Community Development Department. 2. Staff presentation at the public hearing held on June 22, 2016, before the City Council; 3. Staff presentation at the public hearing held on May 19, 2016 before the Planning Commission; 4. The City of Calabasas Land Use and Development Code, General Plan, and all other applicable regulations and codes. 5. Public comments, both written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant s request; 6. Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearings; 7. All related documents received and/or submitted at or prior to the City Council meeting. Section 2. Based on the foregoing evidence, the City Council finds that: 1. The applicant submitted an application for File No , on August 25, On September 15, 2015, the Development Review Committee reviewed the proposed project.

2 3 A letter of incompleteness was sent to the applicant on September 22, The applicant resubmitted plans on November 10, On December 12, 2015, the application was deemed complete and the applicant was notified. 6. Subsequently, new information was received and staff determined that the alcoholic beverage sales requirements established in Resolution No (Implementing Conditional Use Permit for the Calabasas Commons Shopping Center) must also be amended to permit alcoholic sales at the movie theater. 7. On May 19, 2016, the Planning Commission reviewed the project at a public hearing and voted 5-0 to adopt Resolution No , recommending to the City Council approval of File No Notice of the June 22, 2016, City Council public hearing as posted at Juan de Anza Bautista Park, the Calabasas Tennis and Swim Center, Gelson s market, Agoura/Calabasas Community Center and at Calabasas City Hall. 9. Notice of the City Council public hearing included in the notice requirements set forth in Government Code Section 65009(b)(2). 10. The subject property is zoned Commercial, Mixed-Use (CMU). 11. The land use designation for the subject property under the City s adopted General Plan is Mixed Use Properties surrounding the site are zoned Commercial, Mixed Use (CMU). Section 3. In view of all of the evidence and based on the foregoing findings, the City Council concludes as follows: FINDINGS Section of the Calabasas Municipal Code (CMC) allows the City Council to approve a Conditional Use Permit provided that the following findings are made: 1. The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code; The sale of alcoholic beverages in conjunction with a movie theatre use is allowed in the Commercial, Mixed Use (CMU) zone with a Conditional Use Permit per Section of the Land Use and Development Code. 2

3 Additionally, the sale of alcohol may be allowed if approved as an element of the conditional use permit for the establishment and conducted in compliance with the Alcoholic Beverage Control Act of the State of California. Therefore, the proposed project meets this finding. 2. The proposed use is consistent with the General Plan and any applicable specific plan or master plan; The proposed sale of on-site alcoholic beverages in conjunction with the operation of a movie theatre is consistent with the City of Calabasas General Plan because the proposed use contributes to the Fiscal Management policy (XII-1) to facilitate retail and service businesses in those sectors patronized by the local population and travelers along the Ventura Freeway and policy (XII-2) to facilitate attractive and retail development on Calabasas Road, and Ventura Freeway interchanges at Parkway Calabasas. The movie theatre is conveniently located near the exit and entrances for the Ventura Freeway for both locals and travelers to enjoy. The theatre is also located within an existing commercial center hosting a variety of complimentary retail and commercial uses. The sale of on-site alcoholic beverages, in conjunction with the service of bona fide meals will strengthen this business, and, in turn help achieve the goals stated in the Fiscal Management policies (XII). Therefore, the project meets this finding. 3. The approval of the conditional use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA); The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section (Class 1 Existing Facilities) which consists of projects involving negligible, or no expansion of use are exempt from the provisions of CEQA. The project proposes to allow for the sale of on-site alcoholic beverages and service of meals, in conjunction with the operation of an existing movie theatre, with no new development proposed. Therefore, the proposed project meets this finding. 4. The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity. The subject site is located within a shopping center and adjacent to other retail uses, office buildings, and a hotel. Currently five other restaurants within the shopping center provide for the sale of on-site consumption of alcoholic beverages. The sale of alcoholic beverages will be a well-suited service for the movie theatre and will take place entirely within the existing movie theatre, and for this reason, the surrounding commercial uses will not be impacted by this proposal. Therefore, the location and operating characteristics of the requested conditional use permit, with the limitations 3

4 described in the conditions #6 17 attached, are compatible with the existing and anticipated future land uses in this area of the City. The proposed project meets this finding. Section 4. In view of all of the evidence and based on the foregoing findings and conclusions, the City Council approves File No and adopts the associated Conditional Use Permit, subject to the following agreements and conclusions: I. INDEMNIFICATION AGREEMENT The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this File No , or the activities conducted pursuant to this File No Accordingly, to the fullest extent permitted by law, Commons at Calabasas, LLC and Edwards Theatres Inc. shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or activities conducted pursuant to this File No , or the activities conducted pursuant to this File No , Commons at Calabasas, LLC and Edwards Theatres Inc. shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. II. CONDITIONS OF APPROVAL Community Development Department/Planning 1. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 4

5 2. This Conditional Use Permit may be transferred to a subsequent owner/lessee provided that the operation is a similar type and provided that the owner/lessee agrees to abide by all of the conditions and restrictions of the original Conditional Use Permit. Any transfer of ownership is subject to review by the Planning/Building Department under the zoning clearance process. 3 The movie theatre shall comply with all requirements of the State of California Department of Alcoholic Beverage Control (ABC) and the Los Angeles County Sheriff s Department. 4. All current and future tenants/owners shall accept the conditions of this Conditional Use Permit by executing the Affidavit of Acceptance provided by the City Planning Department prior to commencement of onsite alcoholic beverage sales. 5. Approval shall expire if not exercised within one year and eleven days from the date of adoption of the resolution. The permit may be extended in accordance with Title 17 Land Use and Development Code, Article VI - Land Use and Development Permits. 6. No person under the age of eighteen (18) shall sell or serve alcoholic beverages. 7. The gross annual sales from alcoholic beverages shall not exceed 50% of the total gross annual sales (consistent with an ABC bona fide eating place license where food sales must exceed alcohol sales). 8. Sales of alcoholic beverages for consumption off the premises are prohibited. 9. Employees involved in the sale, or service of alcoholic beverages shall enroll in and complete a Responsible Beverage Service training program conducted by the Department of Alcoholic Beverage Control or appropriate law enforcement agency. 10. All sales and service of alcoholic beverages for consumption in the general spectator seating areas shall be made only from concession stands, portable stands or bars, or fixed bars, and shall not be sold, served, or delivered to customers by individual ambulatory vendors, commonly known as hawkers. 11. Notwithstanding condition No. 10 above, alcoholic beverages may be sold or served by waiters or waitresses in the general spectator seating areas under the following conditions: 5

6 a. Orders from patrons seated in these theaters must be made to the waiter or waitress serving that area, and the alcoholic beverages must be personally delivered to the patron by the waiter or waitress who took the order. b. The waiter or waitress serving in the theaters shall not carry a supply of unordered alcoholic beverages. c. Except for private events not open to the general public, alcoholic beverages may not be sold or served by waiters or waitresses in the general spectator seating areas unless patrons may also order meals from waiters or waitresses to be delivered in the general seating area. 12. No person can purchase alcohol for another person unless each person is present at the transaction, and can present proper identification. 13. No more than two (2) alcoholic beverages shall be served to any one patron during the course of a single movie. The number of drinks served to patrons shall be noted on the wristband issued to the guest. 14. Alcoholic beverages shall be served in non-glass containers which significantly differ in appearance from those containers utilized for nonalcoholic beverages. 15. At all times when the premises is exercising the privileges of their ABC license, an employee of the premises shall enter and monitor the activity within the theaters on a regular basis, but no less than once every 30 minutes. 16. Lighting shall remain at a level sufficient to allow Theater Staff to observe patrons who may be consuming alcoholic beverages 17. Applicant shall post clearly visible signs that read, No Alcoholic Beverages Beyond This Point at all exits. 18. The City reserves the right to further review the Conditional Use Permit and conditions of approval should complaints be received or should the number of incidents reported to the Sheriff s Department exceed the number expected in this type of development. Section 6. The City Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law. 6

7 PASSED, APPROVED AND ADOPTED this 22 nd day of June, ATTEST: James R. Bozajian, Mayor Maricela Hernandez, MMC City Clerk APPROVED AS TO FORM: Scott H. Howard, City Attorney 7