HomeMy WebLinkAbout2.0_Pom & Olive_PA2024-0088CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 6, 2025
Agenda Item No. 2
SUBJECT: Pom & Olive Restaurant (PA2024-0088)
▪Conditional Use Permit
SITE LOCATION: 325 Old Newport Boulevard, Suite 1
APPLICANT/OWNER: Newport Business Consulting Inc.
PLANNER: Oscar Orozco, Associate Planner
949-644-3219, oorozco@newportbeachca.gov
PROJECT SUMMARY
A request for a conditional use permit to obtain a Type 41 (On-Sale Beer and Wine – Eating
Place) Alcoholic Beverage Control (ABC) License for an existing food service, eating and
drinking establishment (restaurant) known as “Pom & Olive”. Additionally, the Applicant
requests continuation of an existing waiver of 18 parking spaces (based on current parking
requirements). No late hours (after 11 p.m.), live entertainment, or dancing is proposed as
part of the project. No physical changes to the suite or other changes to the existing
operational characteristics are proposed.
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,
because it has no potential to have a significant effect on the environment; and
3)Adopt Resolution No. PC2025-005 approving a Conditional Use Permit pursuant to
PA2024-0088 (Attachment No. PC 1).
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Pom & Olive Restaurant (PA2024-0088)
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE General Office
Commercial (CO-G) Office-General (OG) Multi-tenant commercial
NORTH CO-G OG Multi-tenant commercial
SOUTH Public right-of-way Public right-of-way Public parking lot
EAST CO-G OG Old Newport Boulevard/medical office
WEST Private Institutions (PI) Hoag Hospital Planned
Community (PC38) Newport Boulevard/Hoag Hospital
Restaurant Location
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INTRODUCTION
Project Setting and Background
The subject business, Pom & Olive, is an existing restaurant located within an existing
6,324-square-foot, two-story multi-tenant commercial building on Old Newport Boulevard,
east of Newport Boulevard. The surrounding uses include a multi-tenant commercial
building to the north, a hospital to the west, a medical office to the east, and a public
parking lot to the south.
The property does not provide any off-street parking. The abutting public parking lot within
the Old Newport Boulevard right-of-way serves the site and includes a total of 42 spaces
(23 spaces adjacent to and south of the building, nine spaces along Old Newport
Boulevard and 10 spaces located in front of the building). Figure 1 below shows the
location of the subject suite and identifies nearby parking areas.
Figure 1 – Parking Areas
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Several different eating and/or drinking establishments have operated within the existing
suite over the last few decades. The following is a brief summary of the previous use
permits:
• On March 19, 1998, Use Permit No. UP3622 was approved by the Planning
Commission. The approval was for a full-service, small-scale eating and drinking
establishment (coffee shop) and included a waiver of seven parking spaces.
UP3622 included a condition of approval requiring that four parking spaces be
allocated in the adjacent public parking lot for the restaurant’s use to help
guarantee the availability of parking for the restaurant. Therefore, an
encroachment agreement (EP 98-231) was executed allowing private use of the
public right of way for parking. The existing restaurant continues to provide those
four parking spaces pursuant to EP 98-231.
• On December 22, 1998, Outdoor Dining Permit No. 52 was administratively
approved allowing an accessory outdoor dining patio with a limit of eight seats
adjacent to the main entrance on the south side of the building. No additional
parking was required.
• On January 9, 2003, an amendment to UP3622 (PA2002-172) was approved by
the Planning Commission. The approval allowed for the sale of alcoholic
beverages (Type 41 license) and a change to the hours of operation to between
6:00 a.m. to 12:00 a.m., daily (10:00 p.m. closure for the outdoor dining patio).
• On September 15, 2006, Planning Director’s Use Permit No. UP2006-017
(PA2006-163) was administratively approved superseding UP3622 and its
amendment with the exception of the parking waivers. The approval allowed an
expansion of the existing establishment from 650 square feet to 1,564 square feet,
and an increase in seating from 20 to 24 seats. The approval maintained a
maximum allowance for eight seats within the 228-square-foot outdoor patio.
Hours of operation were revised to between 6:00 a.m. to 10:00 p.m., daily (outdoor
dining patio included). Lastly, a condition was added prohibiting the service of
alcohol without an amendment to the use permit. The existing Pom & Olive
restaurant currently operates under this use permit and is prohibited from serving
alcohol.
Project Description
The applicant requests a conditional use permit to allow operation with a Type 41 (On-Sale
Beer and Wine – Eating Place) ABC License for the existing 1,564-square-foot restaurant
and 228-square-foot outdoor dining patio. The proposed project does not include an
expansion of use or floor area that would necessitate the provision of additional parking.
Therefore, the applicant requests the continuation of the historical parking waiver as part
of the project.
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The primary operational characteristics of the existing and proposed restaurant are provided
in Table 1 below. No changes are proposed to the operational characteristics, other than
the provision of alcohol service.
Table 1: Existing/Proposed Restaurant Operations
Gross Floor Area 1,564 square feet No change
Outdoor Dining 228 square feet No change
Seating 24 seats indoor/8 seats outdoor No change
Hours of Operation 11 a.m. to 10 p.m., daily No change
Live Entertainment No No change
Dancing No No change
ABC License Type Type 41 (On-Sale Beer and Wine –
Eating Place)
Requested Change
DISCUSSION
General Plan and Zoning Code Consistency
The site is categorized by the General Plan as CO-G (General Commercial Office) and
located within the OG (Office-General) Zoning District. The CO-G General Plan
designation and OG zoning district is intended to provide areas appropriate for
administrative, professional, and medical office with limited accessory retail and service
uses.
The project is consistent with the following notable General Plan Policies:
• Land Use Element Policy LU 1.5 (Economic Health). Encourage a local economy
that provides adequate commercial, office, industrial, and marine-oriented
opportunities that provide employment and revenue to support high-quality community
services; and
• Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that
support the needs of Newport Beach’s residents including housing, retail, services,
employment, recreation, education, culture, entertainment, civic engagement, and
social and spiritual activity that are in balance with community natural resources and
open spaces.
The proposed restaurant is located on the ground level, provides a local amenity to the
nearby office and medical uses in the area, and is consistent with the land use category
and zoning district with the approval of a use permit. The Project allows the existing
restaurant operator to remain economically viable, provide employment opportunities and
provide a convenient dining option for both visitors and residents in the area.
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Alcohol Sales Considerations
The existing restaurant requests to operate with a Type 41 (On-Sale Beer and Wine –
Eating Place) Department of Alcoholic Beverage Control (ABC) License. To authorize the
sale and service of alcoholic beverages, the Planning Commission must first make a
finding of consistency with Section 20.48.030 (Alcohol Sales) of the Newport Beach
Municipal Code (NBMC). As part of the application review, the Newport Beach Police
Department (NBPD) has prepared a memorandum (Attachment No. PC 2) with the
required factors and crime statistics to help evaluate the following required
considerations:
1. The crime rate in the reporting district and adjacent reporting districts as compared
to other areas in the City.
2. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
3. 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.
4. The proximity to other establishments selling alcoholic beverages for either off-site
or on-site consumption.
5. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The Property is in Reporting District 25 (RD 25) which encompasses the area west of
Newport Boulevard and north of Coast Highway. 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). These figures make up the “Crime Count”. RD 25
exceeds the Citywide average and is considered a higher crime area as compared to
other reporting districts in the City.
The Crime Count in RD 25 is 134, which is 14% over the Citywide crime count average
of 118. Since this area has 20% or greater 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. However, the subject RD 25 has lower crime count
than nearby reporting districts as evidenced in Table 2.
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Table 2: NB Police Department Crime Statistics
Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Total Crime
Count
RD No. 15 550 275 560
RD No. 24 305 119 296
RD No. 25 (Subject RD) 172 58 134
RD No. 26 230 74 155
Newport Beach 5,102 1,439 3,989
Due to the higher concentration of commercial land uses, RD 25 is reported to ABC as a
high crime area as compared to other reporting districts in the City. The highest volume
crime in this area is theft; additionally, the highest volume arrest in the area is DUI. Driving
under the influence, public intoxication, and liquor law violations make up 48% of arrests
in this reporting district. In comparison, the figure for neighboring RD 15 is 42% , RD 24
is 27% and RD 26 is 22%.
The nearest residential zoning district is located approximately 200 feet to the east of the
subject property. The subject property abuts Old Newport Boulevard and Newport
Boulevard. An existing medical office to the east of the project site and Newport Boulevard
act as a buffer between the property and residential neighborhood. In addition, the
restaurant is oriented towards the public parking lot south of the property and does not
face the residential neighborhood. The Project is not in proximity to a religious facility,
daycare center, park, recreational facility, school, or similar use that attracts minors. The
nearest school is Newport Heights Elementary School, which is approximately 2,390 feet
east of the Restaurant.
The Property has historically been used as a multi-tenant office building and has included
a restaurant use at the subject suite since 1998. There is no evidence that suggests the
Project will create objectionable conditions with the proposed sale of alcohol. The sale of
alcohol will complement the existing food service and provide a convenience to
customers.
The Project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is intended
for the convenience of customers dining at the establishment with no late hour operations
and no dancing or live entertainment. Operational conditions of approval recommended
relative to the sale of alcoholic beverages will ensure compatibility with the surrounding
uses and minimize any alcohol related impacts.
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Required Off-Street Parking and Parking Waiver
Changes to Parking Requirements
When Use Permit No. UP3622 was first approved by the Planning Commission on March
19, 1998, one parking space was required for every three seats, resulting in a parking
deficiency and associated parking waiver of seven spaces (20 seats/3 = 6.7 or 7 spaces).
When Outdoor Dining Permit No. 52 was approved authorizing the eight additional seats
within the 228-square-foot patio, no additional parking was required pursuant to a code
exception for accessory patios.
On September 15, 2006, when Planning Directors Use Permit No. UP2006-017 (PA2006-
163) was approved to expand the restaurant from 650 square feet to its current size of
1,564 square feet, the total allowed interior seating increased from 20 seats to 24 seats.
As a result of the change in allowed seating, the parking deficiency increased to eight
spaces (24 seats/3 = 8 spaces).
Under current parking standards pursuant to Section 20.40.040 (Off-Street Parking
Spaces Required) of the NBMC, the parking required for restaurant uses (outside of the
coastal zone) is one parking space per 100 square feet of gross floor area and one
parking space per 150 square feet of outdoor dining areas. Since the existing restaurant
consists of 1,564 square feet of interior dining area and 228 square feet of outdoor dining
area, a total of 18 parking spaces are required (1,564 sq. ft./100 =15.64 spaces; 228 sq.
ft./150= 1.52 spaces; 17.16 or 18 spaces total).
Parking Waiver
Although the Project request to add alcohol service involves no changes to the size or
seating capacity of the existing restaurant, changes in parking requirements results in a
higher parking deficiency. Since the existing restaurant does not provide any off-street
parking within the subject property and relies on public parking in the area, approval of
an increased parking waiver of 18 spaces is required.
Subsection 20.40.110(B) (Reduction of Required Off-Street Parking) of the NBMC allows
a reduction in required off-street parking subject to the approval of a conditional use
permit when the applicant has provided sufficient data to indicate that parking demand
will be less than the required number of spaces and a parking management plan is
prepared in compliance with NBMC Section 20.40.110(C) (Parking Management Plan).
Besides changes in parking standards, circumstances for which the previous parking
waivers were granted have not changed. The Project is a request to allow the existing
restaurant to operate with a Type 41 ABC License, and no physical expansion is
proposed. The existing indoor and outdoor dining area of the restaurant will remain the
same and no additional seating is proposed. The requested addition of alcohol service is
intended to complement existing food sales but is not anticipated to generate increased
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parking demand. The existing restaurant has operated since 2023, with previous
restaurants dating back to 1998, utilizing the current parking arrangement. The 42-space
public parking lot abutting the site will continue to provide convenient parking for the
restaurant patrons and employees. Further, Condition of Approval No. 3 will require the
applicant to maintain an encroachment agreement to allocate four of the public parking
spaces specifically to this use as a parking management component. The remaining 38
parking spaces in the public parking lot will be available for the restaurant’s use as well
as other uses in the building and in the vicinity. Therefore, staff believes adequate public
parking remains available to serve the use and a continuation of the historical parking
waiver is appropriate.
Conditional Use Permit Findings
Pursuant to Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of
the NBMC, the Planning Commission must make the following findings to approve a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4. 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; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor 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.
As demonstrated in the draft Resolution (Attachment No. PC 1), the CO-G land use
category of the General Plan and OG district of the Zoning Code is intended to provide
for areas appropriate for administrative, professional, and medical office with limited
accessory retail and service uses. The Project is a request for a Type 41 ABC license at
an existing restaurant and no physical changes are proposed. The existing restaurant will
continue to serve visitors and residents in the area.
The operational characteristics of the existing restaurant are compatible with the
surrounding neighborhood. There are no late hours of operation proposed with the
restaurant. As conditioned, the restaurant will operate between 11 a.m. and 10 p.m., daily
(patio included). The closing hours will help ensure there is minimal impact to the adjacent
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residential neighborhood. The proposed hours and operational characteristics are
consistent with previous operations within the suite including UP2006-163.
Additionally, the site is physically suitable for the existing restaurant, as it is located in an
existing multi-tenant commercial building and complements the mix of retail, medical,
office, service, and restaurant uses in the immediate area. The existing restaurant and
multi-tenant commercial building is adequately served by a shared trash container located
within the public parking lot. The 42-space public parking lot which includes the allocation
of four spaces abutting the site will continue to provide convenient parking for the
restaurant patrons and employees.
Conditions of approval are included to ensure that potential conflicts are minimized to the
greatest extent possible. The applicant is required to comply with all City ordinances, as
well as the California Building Code to ensure the safety and welfare of customers and
employees within the establishment. Finally, a condition of approval is included which
requires all on-premise alcohol servers and managers to be trained and certified for
responsible alcoholic beverage service.
Environmental Review
This project is 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, Chapter 3, because it has no potential to have a significant effect
on the environment.
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
Project is a request to add a Type 41 ABC license to an existing restaurant that involves
no alterations to the existing structure involving negligible or no expansion of use.
Public Notice
Notice of this hearing 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 meeting, 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.
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Prepared by: Submitted by:
____________________________
Oscar Orozco, Associate Planner
LAW\oo
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Police Department Memorandum
PC 3 Applicant’s Project Description Letter
PC 4 Existing Plans (For reference)
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2025-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPERSEDING USE
PERMIT NOS. UP3622 AND UP2006-017 AND APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A TYPE 41 (ON-SALE
BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE
CONTROL LICENSE FOR AN EXISTING EATING AND DRINKING
ESTABLISHMENT AND A PARKING WAIVER FOR THE
PROPERTY LOCATED AT 325 OLD NEWPORT BOULEVARD
(PA2024-0088)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sohrab Rowshan of Newport Business Consulting Inc.
(“Applicant”), with respect to property located at 325 Old Newport Boulevard, and legally
described as Lot 24 in Block 9 of Tract No. 27 (“Property”).
2. On March 19, 1998, Use Permit No. UP3622 was approved by the Planning Commission.
The approval was for a full-service, small-scale eating and drinking establishment (coffee
shop) and included a waiver of seven parking spaces. UP3622 included a condition of
approval requiring that four parking spaces be allocated in the adjacent public parking lot
for the restaurant’s use to help guarantee the availability of parking for the restaurant.
Therefore, an encroachment agreement (EP 98-231) was executed allowing private use
of the public right of way for parking. The existing restaurant continues to provide those
four parking spaces pursuant to EP 98-231.
3. On December 22, 1998, Outdoor Dining Permit No. 52 was administratively approved
allowing an accessory outdoor dining patio with a limit of eight seats adjacent to the main
entrance on the south side of the building. No additional parking was required.
4. On January 9, 2003, an amendment to UP3622 (PA2002-172) was approved by the
Planning Commission. The approval allowed for the sale of alcoholic beverages (Type 41
license) and a change to the hours of operation to between 6:00 a.m. to 12:00 a.m., daily
(10:00 p.m. closure for the outdoor dining patio).
5. On September 15, 2006, Planning Director’s Use Permit No. UP2006-017 (PA2006-163)
was administratively approved superseding UP3622 and its amendment with the exception
of the parking waivers. The approval allowed an expansion of the existing establishment
from 650 square feet to 1,564 square feet, and an increase in seating from 20 to 24 seats.
The approval maintained a maximum allowance for eight seats within the 228-square-foot
outdoor patio. Hours of operation were revised to between 6:00 a.m. to 10:00 p.m., daily
(outdoor dining patio included). Lastly, a condition added prohibiting the service of alcohol
without an amendment to the use permit. The existing Pom & Olive restaurant currently
operates under this use permit and is prohibited from serving alcohol.
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Planning Commission Resolution No. PC2025-005
Page 2 of 14
6. The Applicant requests a conditional use permit (“CUP”) to obtain a Type 41 (On-Sale
Beer and Wine – Eating Place) ABC License for an existing food service, eating and
drinking establishment and a waiver of 18 parking spaces (based on current parking
requirements). No late hours (after 11 p.m.), and no live entertainment, are proposed as
part of the Project. Additionally, no physical changes to the suite or other changes to the
existing operational characteristics are proposed.
7. The Property is categorized General Commercial Office (CO-G) by the General Plan Land
Use Element and is located within the Office-General (OG) Zoning District.
8. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
9. A public hearing was held on March 6, 2025, in the Council Chambers at 100 Civic Center
Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with California Government Code Section 54950 et
seq. (“Ralph M. Brown Act”) and Chapter 20.62 of the Newport Beach Municipal Code
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is 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.
2. The Class 1 (Existing Facilities) 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 Project involves the continued operation of an existing restaurant
use with the addition of a Type 41 (On-Sale Beer and Wine – Eating Place) ABC license
to allow the sale of beer and wine. No physical alterations or expansion of use is
proposed.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
the findings and facts in support of such findings are set forth as follows:
Finding:
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
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Planning Commission Resolution No. PC2025-005
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Facts in Support of Finding:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is in Reporting District 25 (“RD 25”) which encompasses the area west
of Newport Boulevard and north of Pacific Coast Highway. The Newport Beach
Police Department (“NBPD”) 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 ABC. These figures make up
the “Crime Count.” RD 25 exceeds the citywide average and is considered a higher
crime area as compared to other reporting districts in the City. The Crime Count in
RD 25 is 134, which is 14% over the citywide crime count average of 118. This area
has 20% or greater reported crimes than the average number of reported crimes as
determined from all crime reporting districts within the City; therefore, the area is
found to have undue concentration. In comparison, neighboring RD 15 is 375%
above the citywide average, RD 24 is 151% above the citywide average, and RD 26
is 31% above the average. Therefore, the RD 25 has lower crime count than nearby
reporting districts.
2. The NBPD has reviewed the proposed use. Based on the location, operational
characteristics, and closing hours (i.e. no late hours), the NBPD has no objection to
the proposed Type 41 (On-Sale Beer and Wine – Eating Place) ABC License,
subject to appropriate conditions of approval, which have all been included in Exhibit
“A” attached to this resolution.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. Due to the higher concentration of commercial land uses, RD 25 is reported to ABC
as a high crime area as compared to other reporting districts in the City. The highest
volume crime in this area is theft and the highest volume arrest in the area is driving
under the influence. Driving under the influence, public intoxication, and liquor law
violations make up 48% of arrests in RD 25. In comparison, the corresponding figure
for neighboring RD 15 is 42%, RD 24 is 27%, and RD 26 is 22%.
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.
1. The nearest residential zoning district is located approximately 200 feet to the east
of the Property. The Property is located within a multi-tenant commercial building in
the Office-General (OG) zoning district. The Property abuts Old Newport Boulevard
and Newport Boulevard. An existing medical office to the east of the Property and
Newport Boulevard act as a buffer between the Property and residential
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Page 4 of 14
neighborhood. In addition, the restaurant is oriented towards the public parking lot
south of the Property and does not face the residential neighborhood.
2. The Project is not in proximity to a religious facility, daycare center, park,
recreational facility, school, or similar use that attracts minors. The nearest school
is Newport Heights Elementary School, which is approximately 2,390 feet east of
the Property.
3. The proposed alcohol sales are not anticipated to alter the operational
characteristics of the multi-tenant building such that it becomes detrimental to the
area. There are limited sensitive land uses in the vicinity and the Project will be
required to comply with the conditions of approval including closing by 11:00 p.m.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. One other establishment along Old Newport Boulevard currently has an active Type
47 (On-Sale General Eating Place) ABC License. The “Chicken Coop” located at
414 Old Newport Boulevard, is a restaurant eating and drinking establishment and
not considered a bar, lounge or nightclub pursuant to Title 20 (Planning and Zoning)
of the NBMC. The next closest establishment selling alcoholic beverages is “A
Market” which is over 1,000 feet away and located at 3400 West Coast Highway. It
operates with a Type 21 (Off-Sale General) ABC license.
2. The Project’s proximity to other establishments selling alcohol does not raise a
concern due to characteristics of the proposed use, which is limited to 1,564 square
feet. Additionally, the proposed hours of operation are from 11 a.m. to 10 p.m., daily
and conditions of approval will further prevent the restaurant from operating as a
bar, lounge, or nightclub.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The Property
has historically been used as a multi-tenant office building and has included a
restaurant use at the subject suite since 1998. There is no evidence that suggests
the Project will create objectionable conditions with the proposed sale of alcohol.
The sale of alcohol will complement the existing food service and provide a
convenience to customers.
2. The Project has been reviewed and conditioned to ensure that the purpose and
intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a
healthy environment for residents and businesses is preserved. The service of
alcohol is intended for the convenience of customers dining at the establishment.
Operational conditions of approval recommended relative to the sale of alcoholic
beverages will ensure compatibility with the surrounding uses and minimize any
alcohol related impacts.
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3. As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol.
4. The Project does not propose late hours (after 11 p.m.), live music, or dancing.
Condition of Approval Nos. 6 and 7 limit the hours of operation and Condition of
Approval No. 9 prohibits live entertainment and dancing.
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
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 General Plan land use category for the Property is General Office Commercial (CO-
G), which is intended to provide for areas appropriate for administrative, professional,
and medical office with limited accessory retail and service uses. The Project is a
request for a Type-41 (On-Sale Beer and Wine – Eating Place) ABC license at an
existing restaurant and no physical changes are proposed. The existing restaurant will
continue to serve visitors and residents in the area.
2. The Project is consistent with the following General Plan Land Use policies, applicable
to the Project:
a. Land Use Element Policy LU 1.5 (Economic Health). Encourage a local
economy that provides adequate commercial, office, industrial, and marine-
oriented opportunities that provide employment and revenue to support high-
quality community services; and
b. Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate
uses that support the needs of Newport Beach’s residents including housing,
retail, services, employment, recreation, education, culture, entertainment,
civic engagement, and social and spiritual activity that are in balance with
community natural resources and open spaces.
The Project provides an existing restaurant the opportunity to continue serving
visitors and residents in the area. The Project also provides employment
opportunities for restaurant employees.
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3. The 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. The Property is in the Office-General (OG) zoning district, which is intended to provide
for areas appropriate for administrative, professional, and medical office with limited
accessory retail and service uses. Eating and drinking establishments (including
alcohol) are allowed uses, subject to the approval of a use permit.
2. The operational characteristics of the existing restaurant are compatible with the
surrounding neighborhood. There are no late hours of operation proposed with the
restaurant. As conditioned, the restaurant will operate between 11 a.m. and 10 p.m.,
daily (patio included). The closing hours will help ensure there is minimal impact to the
adjacent residential neighborhood. The proposed hours and operational characteristics
are consistent with previous operations within the suite including UP2006-163.
3. Additionally, the site is physically suitable for the existing restaurant, as it is located in
an existing multi-tenant commercial building and complements the mix of retail, medical,
office, service, and restaurant uses in the immediate area. The existing restaurant and
multi-tenant commercial building is adequately served by a shared trash container
located within the public parking lot. The 42-space public parking lot which includes the
allocation of four spaces abutting the site will continue to provide convenient parking for
the restaurant patrons and employees.
4. Conditions of approval are included to ensure that potential conflicts are minimized to
the greatest extent possible. The applicant is required to comply with all City ordinances,
as well as the California Building Code to ensure the safety and welfare of customers and
employees within the establishment. Finally, a condition of approval is included which
requires all on-premise alcohol servers and managers to be trained and certified for
responsible alcoholic beverage service.
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. Commercial uses, including restaurants, are allowed along Old Newport Boulevard per
the Office-General (OG) zoning district with the approval of a use permit. Conditions of
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approval are included to ensure that the Project is compatible with the land uses
permitted within the surrounding neighborhood.
2. The Property is located within an existing multi-tenant commercial building and will
complement the existing mix of retail, service, and restaurant uses in the immediate
area. The tenant space is an existing restaurant that has operated at that location under
different ownership since 1998. No physical changes to the tenant space are proposed.
3. The nearest residential zoning district is located approximately 200 feet to the east of
the Property. The Property is located within a multi-tenant commercial building that is
situated in the Office-General (OG) zoning district. The Property abuts Old Newport
Boulevard and Newport Boulevard. An existing medical office to the east of the Project
site and Newport Boulevard act as a buffer between the Property and the residential
neighborhood. In addition, the restaurant is oriented towards the public parking lot south
of the Property and does not face the residential neighborhood.
4. No late hours of operation are allowed nor proposed. As conditioned, the restaurant will
operate between 11:00 a.m. and 10:00 p.m., daily. The closing hours will help ensure
there is no detriment to the adjacent residential neighborhood.
5. The NBPD has reviewed the Project and has no objections. The operational conditions
of approval recommended by the NBPD related to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
impacts. The Project has been conditioned to ensure the welfare of the surrounding
community.
Finding:
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 Project is physically suitable for the existing restaurant, as it is located in an existing
multi-tenant commercial building and complements the mix of retail, medical, office,
service, and restaurant uses in the immediate area. The existing restaurant and multi-
tenant commercial building is adequately served by a shared trash container located
within the public parking lot. The 42-space public parking lot which includes the
allocation of four spaces abutting the site will continue to provide convenient parking for
the restaurant patrons and employees. The Project would allow the existing restaurant
to serve beer and wine to customers, with no other changes proposed. The sale of
alcohol would not alter the existing physical conditions of the Property.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided for the Property. The site is accessible via Old Newport Boulevard and the
public parking located along Old Newport Boulevard.
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Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor 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. There are no late hours of operation proposed with the Project. As conditioned, the
Restaurant will operate between 11:00 a.m. and 10:00 p.m., daily. The closing hours will
help ensure there is no detriment to the adjacent residential neighborhood.
2. The Type 41 (On-Sale Beer and Wine – Eating Place) ABC License will provide dining
services as a public convenience to the surrounding residential neighborhood as well as
to visitors. The service of alcohol will complement the principal use of the facility as a
restaurant and provide an economic opportunity for the Applicant to maintain a
successful business in a way that best serves the community.
3. As conditioned, the owners, managers, and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
Off-Street Parking Reduction
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
as follows:
Finding:
G. The Applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking
available, greater than normal walk in trade, mixed-use development);
Facts in Support of Finding:
1. When Use Permit No. UP3622 was first approved by the Planning Commission on
March 19, 1998, one parking space was required for every three seats, resulting in a
parking deficiency and associated parking waiver of seven spaces (20 seats/3 = 6.7 or
seven spaces). When Outdoor Dining Permit No. 52 was approved authorizing the eight
additional seats within the 228-square-foot patio, no additional parking was required
pursuant to a code exception for accessory patios.
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2. On September 15, 2006, when Planning Directors Use Permit No. UP2006-017
(PA2006-163) was approved to expand the restaurant from 650 square feet to its current
size of 1,564 square feet, the total allowed interior seating increased from 20 seats to
24 seats. As a result of the change in allowed seating, the parking deficiency increased
to eight spaces (24 seats/3 = 8 spaces).
3. Under current parking standards pursuant to Section 20.40.040 (Off-Street Parking
Spaces Required) of the NBMC, the parking required for restaurant uses (outside of the
coastal zone) is one parking space per 100 square feet of gross floor area and one
parking space per 150 square feet of outdoor dining areas. Since the existing restaurant
consists of 1,564 square feet of interior dining area and 228 square feet of outdoor dining
area, a total of 18 parking spaces are required (1,564 sq. ft./100 =15.64 spaces; 228 sq.
ft./150= 1.52 spaces; 17.16 or 18 spaces total).
4. Although the Project request to add alcohol service involves no changes to the size or
seating capacity of the existing restaurant, changes in parking requirements results in a
higher parking deficiency. Since the existing restaurant does not provide any off-street
parking within the subject property and relies on public parking in the area, approval of
an increased parking waiver of 18 spaces is required.
5. Besides changes in parking standards, circumstances for which the previous parking
waivers were granted have not changed. The Project is a request to allow the existing
restaurant to operate with a Type 41 ABC License, and no physical expansion is
proposed. The existing indoor and outdoor dining area of the restaurant will remain the
same and no additional seating is proposed. The requested addition of alcohol service
is intended to complement existing food sales but is not anticipated to generate
increased parking demand. The existing restaurant has operated since 2023, with
previous restaurants dating back to 1998, utilizing the current parking arrangement. The
42-space public parking lot abutting the site will continue to provide convenient parking
for the restaurant patrons and employees. Further, Condition of Approval No. 3 will
require the applicant to maintain an encroachment agreement to allocate four of the
public parking spaces specifically to this use as a parking management component. The
remaining 38 parking spaces in the public parking lot will be available for the restaurant’s
use as well as other uses in the building and in the vicinity. Therefore, staff believes
adequate public parking remains available to serve the use and a continuation of the
historical parking waiver is appropriate.
Finding:
H. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan).
Facts in Support of Finding:
1. Consistent with Use Permit Nos. UP3622 and UP2006-017, an encroachment
agreement (EP 98-231) was executed, to allocate a minimum of four parking spaces
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within the public parking lot adjacent to the building to the restaurant. The four parking
spaces continue to remain and are included as a condition of approval to act as the
parking management plan.
2. Facts 1 through 5 in support of Finding G are incorporated herein by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission 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 the Project involves the continued
operation of an existing restaurant with no physical alteration or expansion of the use.
Therefore, the Project has no potential to have a significant effect on the environment.
2. This resolution supersedes UP3622 and UP2006-017 which upon vesting of the rights
authorized by this PA2024-0088, shall become null and void.
3. Approval of the Conditional Use Permit shall become final and effective 14 days following
the date this Resolution was adopted unless within such time an appeal is filed with the
City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the
NBMC.
PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF MARCH, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Selene, Secretary
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EXHIBIT “A”
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
plan stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. The hours of operation shall be between 11 a.m. and 10 p.m., daily. There shall be no
late hours of operation permitted (after 11 p.m.).
3. The hours of operation for the outdoor dining patio shall be between 11 a.m. and 10
p.m., daily.
4. There shall be no live entertainment or dancing.
5. The Applicant shall maintain an encroachment agreement to allocate four of the parking
spaces within the public parking lot adjacent to the site specifically for the restaurant
use.
6. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this CUP.
8. This CUP may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated or
maintained is 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.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans of the restaurant, shall require subsequent review and approval by
the Planning Division. If deemed significant, an amendment to this CUP or the
processing of a new use permit may be required.
10. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
11. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
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Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
12. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
13. 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.
14. 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
current business owner, property owner or the leasing agent.
15. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on
Saturday. Noise-generating construction activities are not allowed on Sundays, or
Holidays.
16. No outside paging system shall be utilized in conjunction with this establishment.
17. All trash shall be stored within the building or within dumpsters.
18. 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.
19. 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.
20. 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 debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
21. 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).
22. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this CUP.
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23. A Special Events Permit is required for any event or promotional activity outside the
normal operational 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 NBMC to require such
permits.
24. 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.
25. 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
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Pom & Olive including, but not limited to, the Conditional Use Permit filed
under PA2024-0088. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorney’s 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 City's costs, attorney’s 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.
Police Department
26. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and
Wine). Any substantial change in the ABC license type shall require subsequent review
and potential amendment of the Use Permit.
27. 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.
28. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible beverage service within
60 days of hire. The certified program must meet the standards of the State of California.
Records of each owner’s and employee’s 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.
29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
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30. 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.
31. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
32. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
33. Food service from the regular menu shall be made available to patrons until closing.
34. 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.
35. 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.
36. 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.
37. 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.
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Attachment No. PC 2
Police Department Memorandum
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Oscar Orozco, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: November 6, 2024
SUBJECT: Pom and Olive
325 Old Newport, Newport Beach
PA2024-0088
At your request, the Police Department has reviewed the project application for Pom and Olive,
located at 325 Old Newport in Newport Beach. The applicant is seeking to add a Type 41 (On
Sale Beer and Wine) Alcohlic Beverage Control License to their existing restaurant operation.
No late hours are proposed.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s place of business at 325 Old Newport.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant 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 applicant location is within Reporting District (RD) 25 which encompasses
the area of Tustin Ave. west to Newport Blvd., north of Coast Hwy.
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). These figures make up the “Crime Count” which 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
Districts in the City. The RD’s Crime Count is 134, 14% over the City-wide crime count average
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PA2024-0088
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of 118. Since this area has a 20% or 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 15 is 375% above the City-
wide average, RD 24 is 151% above the City-wide average, and RD 26 is 31% above the
average.
The highest volume crime in this area is theft. The highest volume of arrests in the area is DUI.
DUI, Public Intoxication, and liquor law violations make up 48% of arrests in this reporting district.
In comparison, the figure for neighboring RD 15 is 42%, RD 24 is 27% and RD 26 is 22%.
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 634. This census tract has an approximate
population of 4,776 residents with 17 active on-sale alcohol licenses. That is a per capita ratio of
1 license for every 281 residents. Per the Business and Professions code, we compare this per
capita ratio to Orange County’s on-sale per capita ratio of 1 license for every 822 residents and
we find census tract 634 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
Due to the lack of late hours and the type of alcoholic beverage license requested, the Police
Department has no concerns with the application provided the conditions below (or similar
conditions) are imposed.
1. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and
Wine). 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 beverage service within
60 days of hire. The certified program must meet the standards of the State of California.
Records of each owner’s and employee’s 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.
4. The eating and drinking establishment shall close no later than 11:00 p.m.
5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
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PA2024-0088
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6. 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.
7. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
8. There shall be no live entertainment or dancing allowed on the premises.
9. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
10. Food service from the regular menu shall be made available to patrons until closing.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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. PC 3
Applicant’s Project Description Letter
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Attachment No. PC 4
Existing Plans (For reference)
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