HomeMy WebLinkAbout05_59th & Lex Café Alcohol License Upgrade Minor Use Permit_PA2022-048
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 11, 2022
Agenda Item No. 5
SUBJECT: 59th & Lex Café Alcohol License Upgrade (PA2022-048)
Minor Use Permit No. UP2022-006
SITE LOCATION: 701 Newport Center Drive
APPLICANT: Novel Spirits, LLC
OWNER: Irvine Company
PLANNER: Joselyn Perez, Assistant Planer
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: Regional Commercial (CR)
Zoning District: North Newport Center Planned Community (PC56)
PROJECT SUMMARY
The Applicant seeks Minor Use Permit No. UP2022-006 to allow an existing food service,
eating and drinking establishment (59th & Lex Café) to upgrade its current Type 41 (On-
Sale Beer and Wine Eating Place) Alcoholic Beverage Control (ABC) License to a Type
47 (On-Sale General Eating Place) ABC License. The café is located within the first-
flo operates an
accessory outdoor dining patio within an adjacent common area. The request does not
include any physical changes to the café. The hours of operation will remain from 10 a.m.
to 8 p.m., daily.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2022-006 (Attachment No. ZA 1).
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59th & Lex Café Alcohol License Upgrade (PA2022-048)
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DISCUSSION
The 59th and Lex Café was originally permitted in 1996, as part of a larger tenant
mall. The café was developed with a kitchen and small dining area within the first-
floor footprint of Bloomingdale s.
In 1997, the café began operations and obtained a Type-41 (On-Sale Beer and
Wine Eating Place) ABC license.
In 1998, the café added an outdoor patio which was later expanded in 2009 under
plan check number 1219-2009. The site map and floor plan are available for
reference as Attachment No. ZA 4.
The café currently operates without a use permit. Prior to 2009, PC56 did not
differentiate between eating and drinking establishments with or without the on-
site sale and consumption of alcohol. Because the applicant now seeks to upgrade
the ABC license, the current permit requirements of PC56 are in effect and the
applicant must obtain a minor use permit.
The request is to upgrade an existing Type 41 (On-Sale Beer and Wine Eating
Place) Alcoholic Beverage Control (ABC) License to a Type 47 (On-Sale General
Eating Place) ABC license. There are no physical changes proposed and the
operational parameters will remain the same.
The subject property is located within the Fashion Island Sub-Area of PC56. The
Land Use Element of the General Plan categorizes the project site as Regional
Commercial (CR). Fashion Island is the primary retail hub within Newport Center.
It is developed with retail, dining, and commercial entertainment uses. The mall is
intended to be a day/evening destination with a wide variety of uses that will serve
visitors, residents, and employees of the area. An eating and drinking
establishment with alcoholic beverage sales is consistent with CR category and
the purpose of the Fashion Island Sub-Area of PC56. The café with expanded
privileges should have a positive impact on the area as it will promote economic
activity in areas which the General Plan intends to be busy with a variety of
commercial uses.
Fashion Island features a shared parking pool provided through on-site surface
parking lots and parking structures. Approval and implementation of the request
would result in an enhanced menu for customers that would otherwise already be
visiting the mall to shop and dine. There should be no noticeable change in parking
demand because of the project.
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The Newport Beach Police Department (NBPD) has reviewed the proposed
application and has no objections to the request. The ,
crime, alcohol-related statistics, and reporting district map are included in
Attachment No. ZA 3.
The interior of the Fashion Island mall is developed with an internal pedestrian
network and is surrounded by parking lots. There is little or no direct connectivity
to adjoining office, entertainment, or residential areas. The café is separated from
the nearest residential use by over 1,000 feet and should have no negative impact
to sensitive receptors.
The project was reviewed by the Code Enforcement and Water Quality Division.
There were no ongoing issues identified as part of their review.
ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Section 15301 under Class 1 (Existing
Facilities).
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
existing café sociated outdoor dining patio
within a common area of the mall. The proposed project is a request to upgrade an ABC
license and does not include any interior or exterior alterations to the café and no increase
in gross floor area or net public area.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
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59th & Lex Café Alcohol License Upgrade (PA2022-048)
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Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Police Department Memo
ZA 4 Project Plans (For reference only)
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2022-006 TO UPGRADE A CURRENT TYPE
41 (ON-SALE BEER AND WINE EATING PLACE) ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE TO A TYPE 47 (ON-
SALE GENERAL EATING PLACE) ABC LICENSE AT AN
EXISTING FOOD SERVICE, EATING AND DRINKING
ESTABLISHMENT LOCATED AT 701 NEWPORT CENTER DRIVE
(PA2022-048)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Novel Spirits, LLC (Applicant) with respect to property located at
701 Newport Center Drive, and legally described as Parcel 1 of Lot Line Adjustment No.
LA2012-003 requesting approval of a minor use permit.
2. The Applicant seeks Minor Use Permit No. UP2022-006 to allow an existing food service,
eating and drinking establishment (59th & Lex Café) to upgrade its current Type 41 (On-
Sale Beer and Wine Eating Place) Alcoholic Beverage Control (ABC) License to a
Type 47 (On-Sale General Eating Place) ABC License. The café is located within the
first-flo
an accessory outdoor dining patio within an adjacent common area. The request does
not include any physical changes to the café. The hours of operation will remain from 10
a.m. to 8 p.m., daily.
3. The subject property is categorized as CR (Regional Commercial) by the General Plan
Land Use Element and is located within the PC56 (North Newport Center Planned
Community) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 11, 2022, online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to and considered by, the
Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Pr
to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have
a significant effect on the environment.
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2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
patio within a common area of the mall. The proposed project is a request to upgrade
an ABC license and does not include any interior or exterior alterations to the café and
no increase in gross floor area or net public area.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator
shall consider the following findings prior to the approval of a new or amended alcohol sales
establishment:
Finding
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding
In finding that the Project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC,
the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
a. The property is in an area the Newport Beach Police Department (NBPD) has designated
as Reporting District (RD) 39. RD 39 is bordered to the north by San Joaquin Hills Road, to
the east by MacArthur Boulevard, to the south by East Coast Highway, and to the West by
Jamboree Road. The NBPD is required to report offenses of Part One Crimes combined
with all arrests for other crimes, both felonies, and misdemeanors (except traffic citations)
to the California Department of Alcoholic Beverage Control (ABC). Part One Crimes are the
eight (8) most serious crimes defined by the FBI Uniform Crime Report: criminal homicide,
rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 39 is
considered a higher crime area, as compared to other RDs within the City. The RD 39 crime
count for 2021 is 334, which is 81 percent over the citywide average of 140 crimes per RD.
The higher crime rate is largely attributable to the concentration of commercial land uses
and the high ratio of nonresidential to residential uses. For example, the RD to the
southeast, RD 44, contains the entire commercial corridor along East Coast Highway within
Corona del Mar. RD 44 is smaller in land area than RD 39 yet it maintains a comparable
number of crimes due to the similarly high ratio of nonresidential to residential uses. The
remaining neighboring RDs, 43 and 47, are primarily residential with few commercial uses.
As a result, they have a significantly lower number of crimes. Their crime count is 37 and
50, respectively.
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b. The NBPD has reviewed the project and has no objection to the upgraded Type 47 ABC
license, subject to appropriate conditions of approval which have been incorporated into
. These conditions include provisions such as the requirement
that all owners, managers, and employees selling alcoholic beverages shall undergo and
complete a certified training program in responsible methods and skills for selling alcoholic
beverages, a prohibition on live entertainment, and no games or contests requiring or
involving the consumption of alcoholic beverages.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
a. Compared to the adjacent RDs, RD 39 had a higher percentage of alcohol-related crimes
in 2021. The higher number of crimes is to be expected given the crime figure includes
driving under the influence, public intoxication, and liquor law violations. These are crimes
associated with commercial establishments. RD 43 and 47, which are primarily residential,
are unlikely to have similar crime incidents. The alcohol-related crimes of RD 39 were
slightly higher than that of its neighbor RD 44 however the difference was not substantial
enough to warrant objection from the NBPD.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
a. The café is located on the first floor of Bloomingdale s. The café features an interior dining
space and an accessory outdoor patio within an adjacent common area of the mall. Fashion
Island does not about any sensitive land uses and is separated from other structures and uses
by parking lots, a busy roadway, and other commercial uses. Residential uses are permitted
in the northern sections of PC56; however, the café is separated from the nearest residential
use by over 1,000 feet. There are no day care centers, hospitals, parks, places of worship, or
schools within the mall. While some minors are expected to be present at the mall, the mall
is intended to attract a variety of users and not specifically minors.
b. Eating and drinking establishments with incidental alcohol service are common within the
mall and the upgraded ABC license is not anticipated to alter the operational characteristics
of the current café such that it becomes detrimental to the area.
c. Condition of approval no. 21 prohibits the café from operating as a bar or tavern which
should help ensure compatibility with the surrounding businesses. Late hours are not
proposed as part of this project nor are they allowed by this use permit.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
a. There are several other restaurants within the mall
True Food Kitchen, Back Bay Tavern at Whole Foods Market, Cheesecake Factory, and P.F.
Generally, these restaurants operate wither either a Type 41 (On-Sale Beer and
Wine) or a Type 47 (On-Sale General) ABC license. There is no evidence suggesting that
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these uses have been detrimental to the surrounding vicinity. Additionally, there is no evidence
to suggest that the approval of this upgraded alcohol sales license would create any new
objectionable conditions.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
a. No objectionable conditions are presently occurring at the Property.
b. Approving the Project will allow the existing café to diversify its offerings as a convenience to
its patrons. The NBPD acknowledges the addition of liquor to the existing restaurant is a new
privilege; however, the Project has been reviewed and conditioned to help ensure that the
purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC are maintained and
that a healthy environment for residents and businesses is preserved.
Minor Use Permit
In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following
findings and facts in support of such findings for a use permit are set forth:
Finding
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Land Use Element of the General Plan categorizes the project site as Regional
Commercial (CR). The CR designation is intended to provide areas appropriate for retail,
entertainment, service, and supporting uses that serve both local and regional residents.
Typically, this land use category is integrated into multi-tenant developments that
contain one Fashion Island is the largest
retail center in Newport Beach with multiple anchor tenants. A café with alcoholic
beverage sales is a supportive use to the overall shopping destination. The café will
ultimately serve both residents of the city and regional residents alike which is consistent
with land uses in the CR land use category.
2. Land Use Element Policy LU is intended to:
Provide the opportunity for an additional anchor tenant, other retail, and/or entertainment
and supporting uses that complement, are integrated with, and enhance the economic
vitality of existing development. A maximum of 213,257 square feet of retail development
capacity specified by Table LU2 (Anomaly Locations) may be reallocated for other
permitted uses in Newport Center, provided that the peak hour vehicle trips generated do
not exceed those attributable to the underlying retail entitlement.
The project does not include the addition of floor area, an increase in the number of seats
for the café, or the transfer of development capacity to the project site. The project is the
upgrading of an ABC license which results in additional menu choices for customers that
would otherwise already be visiting the mall to shop and dine. The project is not expected
to result in increased traffic.
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3. The subject property is not a part of a specific plan area.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding
1. Fashion Island is the primary retail hub within Newport Center and is developed with
retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island
include uses in support of the existing retail, dining, and commercial entertainment uses.
Fashion Island is intended to be a vibrant regional retail and entertainment center and a
day/evening destination with a wide variety of uses that will serve visitors, residents, and
employees of the area. A café with alcoholic beverage sales is consistent with the
purposes of the Fashion Island Sub-Area of PC56.
2. Eating and drinking establishments are a use that is allowed by right within the Fashion
Island Sub-Area of PC56. The addition of the on-site sale of alcohol in conjunction with
an eating and drinking establishment requires the approval of a minor use permit.
3. The café was originally permitted in 1996, as part of a larger tenant improvement that
brought the anchor tenant Bloomingdale s to Fashion Island. In 1997, the café began
operations and obtained a Type 41 ABC license. Prior to 2009, PC56 did not differentiate
between eating and drinking establishments with or without the on-site sale and
consumption of alcohol. Because the Applicant seeks to upgrade the ABC license now,
the current permit requirements of PC56 are in effect and require the applicant to obtain
a minor use permit for the on-site sale and consumption of alcohol.
4. No physical improvements are proposed as part of this project therefore no development
standards from PC56 are applicable at this time.
Finding
D. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding
1. The Fashion Island mall is developed around an internal pedestrian network and
surrounded by parking lots, providing little or no connectivity to adjoining office,
entertainment, or residential areas. The proposed project should have no interaction
with the surrounding uses in the vicinity and therefore should be compatible.
2. Fact (iv)(a) in support of Finding 1 incorporated by reference.
Finding
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E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding
1. The application includes the upgrade of an ABC license at an existing café. There is no
addition of floor area associated with the project. The size of the kitchen does not change
as part of the project nor is there an increase in the number of seats
2. The Fashion Island mall is an existing development that is adequately served by utilities
and can be accessed by emergency vehicles.
3. Fashion Island features a shared parking pool provided through on-site surface parking
lots and parking structures. There should be no noticeable change in parking demand
as a result of this project as the project is simply an enhanced menu for customers that
would otherwise already be visiting the mall to shop and dine
Finding
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The café has been in operation and serving beer and wine since 1997. The café has not
proven detrimental to the surrounding businesses. Adding additional alcoholic beverage
options to the menu is not expected to change this, given the included conditions of
approval from the NBPD.
2. The Project was reviewed by the Code Enforcement and Water Quality Division. There
were no ongoing issues identified as part of their review.
3. The café with expanded privileges should have a positive impact on the area. The café
serves both the local shoppers and visitors to Fashion Island. It promotes economic
activity in an area which the General Plan intends to be busy with a variety of commercial
uses.
4. The Project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The operator is
required to take reasonable steps to discourage and correct objectionable conditions
that constitute a nuisance within the facility, adjacent properties, or surrounding public
areas, sidewalks, or parking lots of the restaurant, during business hours, if directly
related to the patrons of the establishment.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2022-006 (PA2022-048), subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF AUGUST 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plans stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, may require an amendment to this Use Permit or the processing of
a new Use Permit.
3. The hours of operation for the restaurant shall be limited to from 10 a.m. to 8 p.m., daily.
4. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
5. The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
6. This Use Permit may be modified or revoked by the Zoning Administrator should they
determine that the proposed uses or conditions under which the use is being operated
or maintained are detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so
as to constitute a public nuisance.
7. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
8. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
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current business owner, property owner, or the leasing agent.
9. No outside paging system shall be utilized in conjunction with this establishment.
10. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three [3] walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
11. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
12. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for the daily removal of trash, litter debris, and graffiti from
the premises and on all abutting sidewalks within 20 feet of the premises.
13. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
14. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the
Director of Community Development and may require an amendment to this Use Permit.
15. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
16. A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
17. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
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Police Department
18. The approval is for an eating and drinking establishment with on-sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 47 (On-Sale General Eating Place)
license, in conjunction with the restaurant as the principal use of the facility.
19. All owners, managers, and employees must abide by all requirements and conditions of
the Alcoholic Beverage License.
20. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
,
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
21. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall always maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
23. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
24. There shall be no live entertainment or dancing allowed on the premises.
25. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
26. There shall be no reduced-price alcoholic beverage promotions after 9 p.m.
27. Food service from the regular menu shall be made available to patrons until closing.
28. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
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29. Any event or activity staged by an outside promoter or entity, where the Applicant,
operator, owner or his employees or representatives share in any profits or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
30. rges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks, is prohibited (excluding charges for prix fixe meals).
31. Strict adherence to maximum occupancy limits is required.
32. The Applicant shall maintain a security recording system with 30-day retention and make
those recordings available to police upon request.
33. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
34. No off-sales of alcohol shall be permitted.
35. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including
, and court costs) of every kind and nature
approval of 59th & Lex Café Alcohol License Upgrade including, but not limited to, Minor
Use Permit no. UP2022-006 (PA2022-048). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorn fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the City for all of the City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The Applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Minor Use Permit No. UP2022-006
PA2022-048
701 Newport Center Drive
Subject Property
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Attachment No. ZA 3
Police Department Memo
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Joselyn Perez, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: June 22, 2022
SUBJECT:
701 Newport Blvd.
Use Permit No. 2022-006 (PA2022-048)
At your request, the Police Department has reviewed the project application for
Restaurant at 701 Newport Center Drive, Newport Beach. The applicant has requested a minor
use permit adendum to upgrade the current Type 41 ABC License (Beer and Wine Eating Place)
to a Type 47 ABC License (On-Sale General Eating Place). No other operational changes are
proposed. There are no late hours at this establishment.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
place of business at 701 Newport Center Drive.
Business and Professions Code §nt premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 39 which mainly
encompasses the Fashion Island Mall and surrounding areas.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(ABC)ch is indicated on the attached statistical
data form.
This reporting district is reported to ABC as a high crime area as compared to other Reporting
D 334, 81% over the City-wide crime count average
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of 140. Since this area has a 20% greater number of reported crimes than the average number
of reported crimes as determined from all crime reporting districts within the City, the area is
found to have undue concentration. In comparison, neighboring RD 47 is 95% below the City-
wide average, RD 43 is 116% below the City-wide average, and RD 44 (Corona Del Mar) is 55%
above the average. Of 38 reporting districts in Newport Beach, we reported 11 to ABC as high
crime areas.
The highest volume crime in this area is shoplift. The highest volume arrests in the area is DUI.
DUI, Public Intoxication, and liquor law violations make up 25% of arrests in this reporting district.
In comparison, the figure for neighboring RD 47 is 19%, RD 43 is 32% and RD 44 is 26%.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4).
Alcohol License Statistics:
The applicant premise is located within census tract 0630.08. This census tract has an
approximate population of 2,408 residents with 59 active on-sale alcohol licenses. That is a per
capita ratio of 1 license for every 40 residents. Per the Business and Professions code, we
compare this per ca -sale per capita ratio of 1 license for every
654 residents and we find census tract 630.08 is over saturated with alcohol licenses per the
specified criteria.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
The Police Department has no concerns with the application provided the conditions below (or
similar conditions) are imposed. Although the applicant location has undue concentration, the
area is a planned entertainment district with few residences, making an application of this nature
appropriate for the area. The crime in the neighborhood is largely due to thefts in and around the
mall area. The property owner, The Irvine Company, employs uniformed security for the area
which serves as an additional crime deterrent.
1. The Alcoholic Beverage Control License shall be limited to a Type 47 (On-Sale General).
Any substantial change in the ABC license type shall require subsequent review and
potential amendment of the Use Permit.
2. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
3. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
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establishment shall comply with the requirements of this section within 60 days of
the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
4. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly basis
and shall be made available to the Police Department on demand.
6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
7. There shall be no live entertainment or dancing allowed on the premises.
8. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
9. Food service from the regular menu shall be made available to patrons until closing.
10. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
11. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money collected
as a door charge, cover charge or any other form of admission charge is prohibited.
12.cover
charges, or any other form of admission charge, including minimum drink order of the sale of
drinks is prohibited (excluding charges for prix fixe meals).
13. Strict adherence to maximum occupancy limits is required.
14. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
15. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
16. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
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beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
17. Strict adherence to maximum occupancy limit is required.
18. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
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Attachment No. ZA 4
Project Plans (For reference only)
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