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HomeMy WebLinkAboutFuji Yama Restaurant (PA2006-038) 4511 W. Coast HighwayCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 April 20, 2006 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner ru na(&city. newport- beach. ca. us (949) 644 -3208 SUBJECT: Fuji Yama Restaurant Use Permit No. 2006 -002 (PA2006 -038) 4511 W. Coast.Highway APPLICANT: Fuji Grill, Inc. REQUEST The applicant is requesting the approval of a Use Permit to allow the operation of a 1,550 square foot restaurant named Fuji Yama operate with a Type 41 (On -Sale Beer and Alcoholic Beverage Outlet (ABO) Ordinance. Restaurant and to allow the restaurant to Wine Eating Place) License pursuant to the Staff recommends that the Planning Commission approve Use Permit No. 2006 -002, subject to the findings and conditions of approval within the draft resolution. DISCUSSION Site /Project Overview The proposed restaurant would occupy a tenant space that is currently used as a Laundromat in the shopping center located on the southeast corner of Balboa Boulevard and West Coast Highway. With a gross floor area of 1,550 square feet, Fuji Yama Restaurant is casual dining restaurant serving Japanese cuisine. The proposed restaurant has a total of 620 square feet of net public area consisting of a small sushi bar and a ten -table dining area. This will be the applicant's fourth restaurant with locations in Laguna Niguel, Orange and Lake Forest. MWIW M Fuji Yama Restaurant (PA2006 -038) April 20, 2006 Page 3 of 7 In conjunction with the restaurant operation, the applicant is proposing to serve beer and wine to the patrons. No live entertainment or dancing is requested. There will be 6 employees during peak operating hours. The restaurant will seat approximately 48 patrons (8 at the sushi bar and 40 within the dining room). Analysis General Plan The Land Use Element of the General Plan designates the project site as Retail & Service Commercial. Eating and drinking establishments with on -site alcoholic beverage service and consumption are permitted uses in the Retail & Service Commercial land use designation. Zoning Code The subject property is located within the RSC (Retail Service Commercial) zoning district. The proposed restaurant requires approval of a Use Permit pursuant to Chapter 20.15 Commercial Districts and the sale of alcohol also requires a Use Permit per the Alcohol Beverage Outlet Ordinance. Pursuant to Chapter 20.05, the proposed restaurant is defined as a full - service, high turnover eating and drinking establishment as its customers will be provided with an individual menu and will be served by the restaurant employee; has a typical seating turnover rates of less than one hour; and has an average weekday vehicle trip generation rate of more than 100 vehicle trips per 1,000 square feet of gross floor area, but less than 300 vehicle trips per 1,000 square feet of gross floor area at this location. Hours of Operation The proposed hours of operation are from 11:00 a.m. to 10:00 p.m., seven days a week The Police Department has no concerns with the requested hours. Parking A full - service, high turnover eating and drinking establishment requires off - street parking pursuant to Chapter 20.66 of the Municipal Code within a range of one space for each 30 square feet to one space for each 50 square feet of net public area. Based on the proposed operating characteristic, staff believes that one space for 40 square feet of net public area would adequately serve the use. The proposed restaurant would require a total of 16 spaces (620/40). Presently, the laundromat requires 7 spaces which results in an increase of 9 parking spaces (16 -7) for the tenant space. The shopping center requires 115 spaces and provides 123 spaces for all uses including the proposed restaurant, which exceeds the required parking by 8 spaces (123 -115). As Fuji Yama Restaurant (PA2006 -038) April 20, 2006 Page 4 of 7 result, the center has adequate parking per Code to accommodate the proposed restaurant. Alcoholic Beverage Outlet Ordinance Section 20.89.030.8 of the Alcoholic Beverage Outlet Ordinance (ABO) requires the Planning Commission to consider the following factors: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The number of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and analysis to make the required findings, each of the factors is discussed as follows: 1. Public Convenience or Necessity. The proposed alcohol outlet is for a full - service, high turnover eating and drinking establishment. The service of beer and wine is provided for the convenience of patrons dining at the restaurant. The RSC zoning districts include provisions for such restaurant uses in retail shopping centers, and the restaurants can be viewed as complementary to the West Newport area. The Police Chief is designated by Council Policy K -7 to be responsible for making an official finding of public convenience and necessity on behalf of the City. The Police Chief is prepared to make this finding as the proposed establishment is a restaurant and not a bar or nightclub. 2. Crime Rate. Citywide, there were 5,889 crimes reported during calendar year 2004, of which 2,508 were Part One Crimes (serious offenses). The remaining 3,381 were Part Two Crimes that include alcohol related arrests. The project site is located within Police Reporting District No. 16. The Part One Crime Rate for the RD, two adjacent RD's, City, California and National averages are shown in the following table for comparison. RD No. 16: 4700.53 City Average: 3314.74 RD No. 15: 10753.45 California: 4003.50 RD No. 25: 4371.39 National: 4063.40 Fuji Yama Restaurant (PA2006 -038) April 20, 2006 Page 5 of 7 The crime rate in RD 16 is slightly higher when compared to RD No. 25 but substantially lower to the RD No. 15. During 2004, the number of Part One Crimes in RD No. 16 was 124 and the number of Part Two Crimes was 117. RD No. 15 had 304 Part One and 213 Part Two Crimes; and RD No. 25 had 121 Part One and 103 Part Two Crimes. 3. Over Concentration. There are 5 active ABC licenses within RD No. 16. The census tract within which the restaurant is located has a lower ratio of liquor licenses to population when compared with the average ratio for Orange County. The concentration of alcoholic beverage licenses within the area is not considered by the Police Department as detrimental to the community. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were 253 arrests, with 29 driving under the influence arrests and 79 plain drunk arrests within RD No. 16 in 2004. The percentage of alcohol related arrests within RD No. 16 is 43% (108/253). City -wide, alcohol related arrests account for 35% (1,238/3,550) of all arrests made. The alcohol - related arrest rate in the two adjacent reporting districts is 40% for RD No. 25 and 46% for RD No. 15. The rate within which the project is located, RD No. 16, is higher than RD No. 25 and the city -wide average, but lower than RD No. 15. The Police Department does not believe that the proposed request will generate a significant number of alcohol - related incidents. As noted in the section on Crime Rate above, the sale of alcohol in the restaurant is accessory to the restaurant use. The restaurant is a family - oriented type of restaurant that will provide healthy dining menu with no separate lounge or bar area. Therefore, in the opinion of the Police Department, it is unlikely that the sale of beer and wine in conjunction with the restaurant use will increase alcohol - related crimes. 5. Adjacent Uses. The site is located within an established shopping center which is surrounded by Coast Highway, Balboa Boulevard and River Avenue. The site is adjacent to residences but no day care centers, schools, or park and recreation facilities are located in the vicinity of the project site. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and has determined that no additional conditions related to design and security are necessary. However, the proposed operating hours, and the lack of live entertainment and dancing on the premises, should reduce any potential negative impacts to the nearby residences. Use Permit Findings In addition to the required ABO findings, the Zoning Code requires the Planning Commission to make certain findings for use permits. These findings are listed and discussed below. Fuji Yama Restaurant (PA2006 -038) April 20, 2006 Page 6 of 7 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The proposed restaurant with ancillary alcoholic beverage service meets the intent of the Zoning Code as a restaurant use of this type and is typical of a neighborhood shopping center. Based on the review of the proposed operating characteristics of the restaurant including hours of operation, the ABO Ordinance and Police Department reports and the fact that adequate parking is provided, the proposed use will not likely be a detriment to the site or the community provided the suggested conditions of approval are complied with. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) Section 15301 of the CEQA Guidelines. The proposed interior improvements, in order to accommodate the new restaurant, are a minor alteration within the shopping center. There will be no environmental disturbance as the proposed project is located in a fully developed area. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Conclusion Based on the location of the establishment and its operational character, while considering the required factors of the Alcoholic Beverage Outlet ordinance and conditions of approval, staff believes that the findings for approval of a Use Permit can Fuji Yama Restaurant (PA2006 -038) April 20, 2006 Page 7 of 7 be made in that it is not likely that the restaurant operation will prove detrimental to the community. The site is conducive to a restaurant operation by design and the on -site consumption of alcoholic beverages in conjunction with a full- service dining restaurant use is viewed as complementary to the entire use. Prepared by: 2, osalinh ung, Associate anner Exhibits 1. 2. 3. 4. Draft Resolution No. 2006 -_; Submitted by: d Patricia L. Temple, P} nning Director findings and conditions of approval Project description from applicant Police Department report and map of RD's Project Plans EXHIBIT 1 DRAFT RESOLUTION q RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -002 FOR A FULL-SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT LOCATED AT 4511 W. COAST HIGHWAY (PA2006 -038) WHEREAS, an application was filed by Fuji Grill, Inc. with respect to property located at 4511 W. Coast Highway, and legally described as Parcel 2 of Parcel Map No. 85 -268, requesting approval of a Use Permit to allow the operation of a new restaurant and to allow the restaurant to operate with a Type 41 (On -Sale Beer and Wine, Eating Place) License, pursuant to the Alcoholic Beverage Outlet (ABO) Ordinance. WHEREAS, a public hearing was held on April 20, 2006, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Retail and Service Commercial by the General Plan Land Use Element and zoned RSC (Retail Service Commercial). Restaurants with accessory alcohol service are allowed at sites designated RSC by the General Plan. They are conditionally permitted with the RSC zone. WHEREAS, the location of the proposed eating and drinking establishment requiring this Use Permit, and the proposed conditions under which it will be operated and maintained, is consistent with the General Plan and the purpose of the RSC zone in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The location of the restaurant is in the West Newport area. Surrounding land uses are dominated by retail commercial and residential developments. Restaurants can be expected to be found in the existing shopping center and are complimentary to the surrounding commercial and residential uses. 2. The shopping center is separated from other uses by roadways on three sides. There are no sensitive uses such as day care centers, schools, playgrounds or hospitals located in the close vicinity of the project site, except the residential development located immediately to the east of the shopping center. The use as restricted by the attached conditions of approval should mitigate any nuisances to the neighboring residential areas. 3. The restaurant has been conditioned in such manner to meet the intent of the Zoning Code, including any specific conditions required for the proposed restaurant and to require strict adherence to safety and noise regulations. 0 City of Newport Beach Planning Commission Resolution No. . Paae 2 of 7 4. No dancing or live entertainment will be provided on the premises. 5. The existing shopping center where the proposed restaurant will be located has adequate parking per the Zoning Code to accommodate the existing uses and the proposed 1,550 square -foot restaurant. WHEREAS, the alcoholic beverage service complies with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: 1. The use has been conditioned to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcohol sales. 2. The convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, high turnover restaurant that is complementary to the existing retail shops located within the shopping center and nearby residential developments. Alcohol service is typical and expected by the public in a full - service dining restaurant setting. 3. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use due to the nature of the use and the fact that it will not operate as a bar, tavern or nightclub. 4. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses. in the district and when compared with County -wide data. 5. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is higher than the percentage citywide. Accessory on -site consumption of alcoholic beverages is not expected to increase alcoholic related crime. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities) Section 15301 of the CEQA Guidelines that allows the operation of existing facilities where no expansion of use is allowed and this building was intended for this use pursuant to the approval of the shopping center. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2006 -002, subject to the Conditions set forth in Exhibit "A." Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution 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 Newport Beach Municipal Code. Jo City of Newport Beach Planning Commission Resolution No. _ Page 3 of 7 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF APRIL 2006. AYES: NOES: BY: Michael Toerge, Chairman BY: Barry Eaton, Secretary City of Newport Beach Planning Commission Resolution No. _ Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006-002 1. The development shall be in substantial conformance with the approved floor plan dated February 25, 2006. 2. Use Permit No. 2006 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Hours of operation shall be from 11:00 a.m. to 10:00 p.m., seven days a week. 4. The total net public area as identified on the approved floor plan shall not exceed 620 square feet. 5. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be cleared through the Building Department. Specifically, approval from the Orange County Health Department is required prior to permit issuance. 6. 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 certificate of occupancy. Records of each owner's, manager'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 within sixty (60) days upon hiring. 7. No live entertainment or dancing shall be permitted in conjunction with the restaurant. 8. No audible paging system shall be allowed outside the building. 9. No temporary "sandwich" signs, balloon or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. j� City of Newport Beach Planning Commission Resolution No. _ Page 5 of 7 10. Any change in operational characteristics, hours of operation, expansion in public area or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 11. Should this business 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. 12. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. This Use Permit shall be terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 14. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 15. A grease interceptor of adequate size is required in association with food preparation activities. 16. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 17. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine service for on- site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale of alcoholic beverages is prohibited for off- site consumption. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 18. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of 6 City of Newport Beach Planning Commission Resolution No. Page 6 of 7 on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. Any event or activity staged by an outside promoter or entity, where the restaurant 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, including minimum drink orders or sale of drinks, is prohibited. 21. The approval of this Use Permit does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub. 22. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. 23. The applicant shall not allow patrons to consume alcoholic beverages outside the licensed premises under the control of the license. 24. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 25. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 26. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit as issued by the City of Newport Beach. 1� Between the hours of Between the hours of TOOAM and 10:00PM and 10:OOPM TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 5OdBA property Mixed Use Property 45dBA 6( 45dBA 50dBA Commercial Property N/A 6,1 NIA 60dBA 23. The applicant shall not allow patrons to consume alcoholic beverages outside the licensed premises under the control of the license. 24. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 25. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 26. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit as issued by the City of Newport Beach. 1� City of Newport Beach Planning Commission Resolution No. _ Page 7 of 7 27. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building and sales or delivery of alcoholic beverages through any pass- through window is prohibited. 28. 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 that are clearly visible to the exterior shall constitute a violation of this condition. 29. All deliveries shall occur on -site. Delivery vehicles shall not stage on the public right -of -way. 30. Any modification to the parking area shall comply with City Standard STD 805 -L- A and STD 805 -L -B. 31. All employees shall park on -site. 32. Storage outside of the building in the front or at the rear of the property shall be prohibited. 33. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors, which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 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). 34. A covered wash -out area for refuse containers and kitchen equipment with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 35. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 36. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. EXHIBIT 2 PROJECT DESCRIPTION FROM APPLICANT S� Rrn,t; vtu G. rrLANNING DEPARTMENT CITY OF NEWPORT RFACV Revised Project Description APR 0 � 2006 Our project (Fuji Yama Restaurant) will replace an existing Laundromat. The R"1116111112111213141516 restaurant is categorized as Full Service Low Turnover. The restaurant will hax1do approximately 1550 gross square feet , 620 square feet of net public area and a total of 48 seats distributed as follows: Sushi Bar = 8 seats, 10 Dining Tables (4 seats each) = 40 seats. Below are some of the major reasons to approve the Fine Dining Japanese Style Restaurant: • Attracts walk -in customers from Hoag Hospital and surrounding neighborhood. • As a property improvement, it adds to overall property value. • Uses much less energy (gas, electricity, & water) than existing Laundromat. • Provides another choice and style of food to the Western end of Newport Beach that may help reduce traffic that would normally go to other areas. • Restaurant business plan is to attract and build customer loyalty from close surrounding areas and to encourage walkers and bicycle riders to frequent the business. • Attracts family and/or professional clientele. • Fuji Yama promotes healthy dining. • Fuji Yama plans to invite the community to attend sushi preparation /cooking classes offered twice yearly during normally slower business periods. • The restaurant will operate with between 3 — 6 employees including the owner. The proposed hours of operation are between 11:00 am until 10:00 pm daily. The restaurant (based upon statistics from other Corporate owned restaurants) anticipates the peak customer flow between 11:00 am —1:45 pm and between 5:30 pm — 8:30 pm. Additionally per 20.66.070 A. the requirement states having a parking space calculated on 1:50 sq ft net public area. Using that formula requires us to have 13 (50 sq ft) spaces available. Currently the Laundromat utilizes 7 spaces per the schedule under Section 20.66.030 which uses a ratio of 1:250 and operates from 6:00 am to Midnight. Subtracting the 7 spaces already allocated for the Laundromat that leaves us with a need for 6 spaces. Again that number is determined by the sq R ratio. Currently there are 123 spaces available and including our proposed business 112 are required. From that math our business meets zoning requirements for parking. We believe that the addition of this restaurant will ultimately enhance the area by addressing the need for increased dining space to service the expansion of Hoag Hospital Employees and Conference Attendees as well as providing a new choice of healthy dining for the surrounding neighborhood. We also believe that the restaurant will through its professionally designed facility, attract (as we mentioned earlier) a professional, executive and family demographic. Fuji Yama as a restaurant concept plans to "get to know it's customers" on a regular basis by going out of our way to remember our clients, their names, and their special requests. Part of our goal is to establish loyal repeat clients that appreciate the services and food we offer combined with the convenience of our location to their workplace and/or home. 11 EXHIBIT 3 POLICE DEPARTMENT REPORT & RD'S MAP C� City of Newport Beach Police Department Memorandum February 22, 2006 TO: Rosalinh Ung — Staff Planner FROM: CSO Susan Seviane SUBJECT: Fuji Grill — Project Review PA2006 -038 Per your request, our office has reviewed the project application for the "Fuji Grill," located at 4511 West Coast Highway, Newport Beach, CA 92663. This location is currently operating as a Laundromat. The applicant is requesting to seek a "Restaurant" occupancy classification for a Japanese fine dining, full service low turnover restaurant that will allow: a) 59 dining seats, b) 11:00 am until 10:00 pm daily hours of operation and, c) allow the sale of alcoholic beverages for On -Sale Beer and Wine (Type 41 license). While we have no serious concerns in regard to on -sale beer and wine at a restaurant, we believe there is a greater policy /land use issue which should be addressed during this approval process for intensifying the alcohol usage in this area of the community. As a result, it is difficult for the Police Department to endorse the proposed use permit modifications, especially considering the existing concentration of ABC licenses in the area. Accordingly, we believe the decision more appropriately should be left to the Planning Commission and/or City Council based on the said impacts. We have included a report by Police Department Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. Also included is a copy of Chapter 20.89 Alcoholic Beverage Outlets for applicants review in regards to Fourth of July enforcement, ABO restrictions, etc. Applicant History: Mr. John Lee operator of three locations Laguna Niguel, Orange and Lake Forest for approximately one year with franchises growing throughout Southern California. Slans and Displays Advised that any signs and displays would need to conform to city requirements. Hours of Operation Recommended hours of operations 11:00 am to 10:00 am daily. 0 Fuji Grill — PA2006 -038 Page 2 of 3 Preventive Design The Police Department has no recommendations. Security: The Police Department has no recommendations. Employee Training Require all owners, managers and employees serving and /or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments: The Police Department has no objection to the operation as described by the applicants and, upon approval of the CUP, will condition the ABC license as necessary to maintain the health, safety and welfare of the community. For the purposes of this application, staff may also want to consider establishing conditions that would require a City of Newport Beach Special Event Permit. A permit should be required for any event or promotional activity outside the normal operational characteristics of the proposed business. For example, events which are likely to attract large crowds or those for which an admission fee is charged, events that include any form of party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code which require such permits. It may also be appropriate to establish conditions that would address possible future uses in the event this business evolves towards a traditional bar -type establishment. In addition, the Police Department believes the following conditions would be appropriate for the Conditional Use Permit for the establishment: 1. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 3. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 4. 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. �p Fuji Grill — PA2006 -038 Page 3 of 3 5. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon moneys collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 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 sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 7. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit as issued by the City of Newport Beach. 8. There shall be no dancing allowed on the premises. 9. There shall be no live entertainment of any type on the premises at any time. If you may have any questions, please do not hesitate to contact me at (949) 644 -3705. CSO Susan Seviane Vice and Intelligence Unit �1 City of Newport Beach Police Department Memorandum February 22, 2006 TO: Rosalinh Ung, Staff Planner FROM Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Fuji Yams at 9511 West Coast Hwy. This area encompasses our reporting district (RD) number 16 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2004, which is the most current data available. Calls for Service Information City wide there was 60,468 calls for police services during this time, of which 3,192 were in RD 16. A "call for service" is, anycontact of thepoRce dement bya dozen which results in the dispatching of unit or causes the contacted employee to take some sort ofactiar;, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 5,889 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,508 were Part One Crimes. Part One crimes are the eight most serious crimes (blomidde, forcible Rape, Robbery, AMravated Assault, Burglary, Larneny- theft; Auto Theft and Axvon) as defined by the FBI in the Uniform Crime Reports. The remaining 3,381 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,314.74 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 16 Newport Beach California* National* Part 1 124 2,508 1,420,637 11,816,782 Part 2 117 3,381 N/A N/A Part 1Crime Rate 4,700.53 3,314.74 4,003.5 4,063.4 The number of active ABC licenses in this RD is 5"* Per capita ratio l license for every 528 residents. This reporting district had a total of 349 reported crimes as compared to a City wide reporting district average of 153 reported crimes. This reporting district is 196 crimes or 128.18% above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. �I Arrest Information There were 29 DUI arrests and 79 Plain Drunk arrest in this area during this same period as compared to 1,238 for the entire city. This RD amounts to 8.72% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 16 Newport Beach California* National* (DUI /Drunk) 108 1,238 N/A N/A All Arrests 253 3,550 1,457,151 9,579,611 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 25 and RD 15 Crimes RD 25 RD 15 Part 1 121 304 Part 2 103 213 Crime Rate 4,371.39 10,753.45 Arrests (DUI /Drunk) 61 360 All Arrests 154 778 Calls For Service 2,570 5,847 Number of active ABC licenses 22** 72 ** Per capita ratiol license for every 126 ** 39** residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 80,800. *These numbers are from the 2004 Uniform Crime Reports, which is the most recent edition. "The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in.need of any further assistance, please contact me at (949) 644 -3791. 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