HomeMy WebLinkAboutLamkone Restaurants, Inc (PA2002-220)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
December 5, 2002
TO: PLANNING COMMISSION
FROM: Gregg Ramirez, Associate Planner
SUBJECT: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet
Ordinance (ABO) to authorize the sale of alcoholic beverages for on -site
consumption (Type 41 ABC License) at a proposed restaurant to be located
within Fashion Island. (PA2002 -220)
APPLICANT NAME: Michael Cho representing the applicant Lamkone Restaurants,
Inc. dBA Wahoo's Fish Taco
RECOMMENDATION:
Staff recommends that the Planning Commission approve Use Permit No. 2002 -045
subject to the findings and conditions of approval included within the attached draft
resolution.
DISCUSSION:
Site /Project Overview
The proposed restaurant is located at 1091 Newport Center Drive in an existing building
at the Fashion Island shopping center adjacent to the existing McDonald's Restaurant
and the recently approved Red Robin Restaurant. The space was previously occupied
by a number of smaller fast food restaurants. The applicant proposes to occupy
approximately 2,773 square feet (as noted on the plans), which includes a 273 square
foot patio dining area. The restaurant will consist of 98 seats, of which 26 are located in
the outside patio. The applicant has proposed amplified pre - recoded music for the
interior of the restaurant only. The proposed project is located within the Fashion Island
Planned Community and has a zoning designation of PC.
Analysis
The applicant is requesting a new Type 41 Department of Alcoholic Beverage Control
(ABC) license to permit on -site consumption of beer and wine at the restaurant. Section
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VICINITY MA
Wahoo's Fish Taco
December 5, 2002
Page 2
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Use Permit No. 2002 -045 (PA2002 -220)
1091 Newnort Center Drive
Current
Development:
Vacant (previously, food uses within Food Court within Fashion Island.
To the north:
Recently Approved Red Robin and Edwards Cinemas within Fashion Island.
To the east:
Mezzanine and outdoor Food Court dining area within Fashion Island.
To the south:
Food Court indoor dining and restaurants within Fashion Island.
To the west:
Food Court and service areas within Fashion Island.
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VICINITY MA
Wahoo's Fish Taco
December 5, 2002
Page 2
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Use Permit No. 2002 -045 (PA2002 -220)
1091 Newnort Center Drive
Current
Development:
Vacant (previously, food uses within Food Court within Fashion Island.
To the north:
Recently Approved Red Robin and Edwards Cinemas within Fashion Island.
To the east:
Mezzanine and outdoor Food Court dining area within Fashion Island.
To the south:
Food Court indoor dining and restaurants within Fashion Island.
To the west:
Food Court and service areas within Fashion Island.
Wahoo's Fish Taco
December 5, 2002
Page 3
20.89 Alcoholic Beverage Outlets (ASO) of the Newport Beach Municipal Code requires
approval of a use permit by the Planning Commission for any new alcoholic beverage
outlet. Please note that the review of this application is limited to the review of the
alcoholic beverage service as required by the ASO, since the Fashion Island Planned
Community Development Plan and District Regulations list restaurants as a permitted
use.
General Plan
The Land Use Element of the General Plan designates the project site as Retail and
Service Commercial. Restaurants and the ancillary on -site consumption of alcoholic
beverages are a permitted use within the Retail and Service Commercial land use
designation.
Hours of Operation
The proposed hours of operation are 11:00 a.m. 11:00 p.m. daily. These hours are
generally consistent with the other similar businesses and the Edwards Theater
operating within Fashion Island. Additionally, the Newport Beach Police Department
does not object to these proposed hours.
Parking
Parking for the proposed restaurant is within the existing parking facilities for Fashion
Island. The Fashion Island Planned Community established a total of 1,633,850 square
feet total gross floor area (not including theaters) for the entire center, and a maximum
of 15% of that gross floor area is allocated for restaurant, bar and theater /nightclub
uses. The City maintains a record of all floor area with the assistance of the Irvine
Company, and with the new restaurant, the total gross floor area devoted to restaurant
uses within Fashion Island remains under the 15% allocation ceiling. Therefore, the
parking demand will not be exceeded with the establishment of this restaurant.
Alcoholic Beverage Outlet Ordinance
On June 8, 1998, the City Council adopted the Alcoholic Beverage Outlets (ABO)
Ordinance (Chapter 20.89 of the Municipal Code). The purpose of the ASO Ordinance
is to preserve a healthy environment for residents and businesses by establishing a set
of consistent standards for the safe operation of alcoholic beverage outlets, while
preventing alcohol - related problems. The ASO 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.
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Wahoo's Fish Taco
December 5, 2002
Page 4
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 numbers 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 restaurant is a family restaurant
specializing in fish tacos and other Baja Californian dishes, and the sale of alcoholic
beverages is a typical ancillary use of such establishments. The Fashion Island Planned
Community included provision for such restaurant uses, and the restaurant can be
viewed as complementary to surrounding retail, office and theater uses. The proposed
new user is located in an area intended for that type of use in the original building
design and recent past users included a number of fast food restaurants. Therefore, it
can be argued that the restaurant with on -sale consumption of alcohol furthers the
public convenience or necessity. 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
ABO is a restaurant and not a bar or nightclub.
2. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year
2001, of which 2,852 were Part One Crimes (serious offenses). The remaining 4,103
were Part Two Crimes that include alcohol related arrests. The project site, located
within Fashion Island, is located within Police Reporting District (RD) No. 39. During
2001, the number of Part One Crimes in RD No.39 was 317 and the number of Part
Two Crimes was 315. Adjacent Reporting Districts are Nos. 38 and 43. RD No. 38 had
12 Part One and 31 Part Two Crimes; and RD No. 43 had 30 Part One and 43 Part Two
Crimes. While the number of total crimes reporting is higher within the RD of the subject
project site as compared to surrounding RD's, the Police Department notes that the
actual amount of crimes in the area is not considered significant due to the high
concentration of commercial uses within RD No. 39, and RD Nos. 38 and 43 are
primarily residential.
3. Over Concentration. Due to the request for the on -site consumption there is a
net increase of one license within RD No. 39. There are a total of 40 active ABC
licenses within RD No. 39. The census tract within which the restaurant is located has a
higher ratio of liquor licenses when compared with the average ratio for Orange County
since there is very limited population within the census tract. However, as noted above,
the area includes Fashion Island, which has a high number of eating and drinking
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Wahoo's Fish Taco
December 5, 2002
Page 5
establishments. The area is typified by restaurants that are complementary to the office
retail, commercial, and entertainment uses that predominate the Fashion Island area.
As noted by the Police Department report, the requested on -sale alcohol license is not
expected to generate additional crime problems in the area due to the nature of the
business and its location within Fashion Island, which provides security services. 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 25 driving under the
influence arrests and 39 plain drunk arrests within RD No. 39 in 2001. The percentage
of alcohol related arrests within RD No. 39 are 36.4 %. City -wide, alcohol related arrests
account for 48.2% of all arrests made. The alcohol - related arrest rate in the two
adjacent reporting districts is 62.5% for RD No. 38 and 48.4% for RD No. 43. (A map of
the reporting districts is included in Attachment No. 3.) The rate within RD No. 39, within
which the project is located, is lower than the city -wide average and lower than the two
adjacent RD's. The Police Department does not believe that the proposed use 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
ancillary to the restaurant use and the establishment is not intended to operate primarily
as a bar. Therefore, in the opinion of the Police Department, it is unlikely that the sale of
alcohol in conjunction with the restaurant use will increase alcohol - related crimes. In
addition, the Irvine Company provides security for Fashion Island, which assist in
deterring alcohol - related crimes.
5. Adjacent Uses. The site is located within Fashion Island and is not adjacent to
sensitive land uses. There are no residences, day care centers, schools, or park and
recreation facilities 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.
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 (Minor
Alteration of Existing Structures).
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Wahoo's Fish Taco
December 5, 2002
Page 6
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.
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 and ancillary alcoholic beverage service meets the intent of the
Zoning Code and Planned Community District Regulations since a restaurant use of this
type is typical of a regional shopping mall. Based on the review of the ABO application and
police department reports, the proposed use will not be a detriment to the site in which it is
located or the city. Finally, the proposed use complies with the provisions of the Zoning
Code, including the ABO regulations, and the Fashion Island Planned Community
Development Plan and Regulations
Conclusion
Staff believes that the findings for approval of the Use Permit can be made be made
since this type of use is typical of regional shopping malls. The site is conducive to a
restaurant operation by design and the on -site consumption of alcoholic beverages in
conjunction with a restaurant use of this type located within a mall setting is generally
expected and viewed as complementary to surrounding uses. The site is served by
ample parking, the proposed new use does not change the use in a manner to increase
parking demand, and the restaurant is within the percentage floor area allocation for
restaurant uses within the Fashion Island Planned Community. In addition, staff
believes that the required findings of the ABO can be met.
The Commission has the option to approve the request as proposed. Should the
Commission wish to do this, Resolution No. 2002 -` has been prepared for adoption
and is included as Attachment No. 1.
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Wahoo's Fish Taco
December 5, 2002
Page 7
The Commission could approve a modified project. The Commission would adopt the
resolution with revised conditions identified at the meeting.
Prepared by:
SIGNATURE
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Gregg B. Ramirez, Associa Planner
Attachments:
Resolution No 2002- _
Letter and project description from the applicant
Police Department report
Project plans
Submitted by:
SIGNATURE
Patricia L. Temple, 'PlannfngDi rector
findings and conditions of approval
ATTACHMENT A
RESOLUTION NO. ;
FINDINGS AND CONDITIONS OF
APPROVAL
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -045 (PA2002 -220) FOR PROPERTY LOCATED AT 1091
NEWPORT CENTER DRIVE
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Lamkone Restaurants, Inc, with respect to property
located at 1091 Newport Center Drive and legally described as Parcel 6 of PM 221 -30, requesting
approval of Use Permit No. 2002 -045 to authorize the sale of alcoholic beverages for on -site consumption
at a restaurant pursuant to the Alcoholic Beverage Outlet Ordinance (ABO).
Section 2. A public hearing was held on December 5, 2002 in the City Hall Council
Chambers, 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.
Section 3. The Planning Commission finds as follows:
The proposed location of the alcoholic sales establishment needing this use permit, and the
proposed conditions under which it would be operated or maintained, is 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. The use permit pertains to the
on -site consumption of alcoholic beverages in conjunction with a restaurant to be opened in a
building that is designated and zoned for this activity. The use has been conditioned in such a
manner to minimize the impacts associated with the sale of alcoholic beverages. The plans, as
conditioned, meet the design and development standards for alcoholic sales. The applicant does
not propose a use that would change the operational characteristics of the site that would result
in additional parking demand.
2. The operational characteristics of the proposed use, including the hours of operation, are consistent
with Municipal Code requirements. Any change in the operational characteristics, including a
change in the hours of operation, would require an amendment to the Use Permit, reviewed by the
Planning Commission.
3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal
Code (Alcoholic Beverage Outlets Ordinance) for the following reasons:
a. The convenience of the public can be served by the sale of desired beverages in
conjunction with a restaurant of this type that is complementary to surrounding uses within
Fashion Island. Beer and wine service is typical and expected by the public in this type of
restaurant setting. 1
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 5
The crime rate in the police reporting district and adjacent reporting districts is not likely to
increase as a result of the proposed use.
C. 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.
d. The percentage of alcohol - related arrests in the police reporting district in which the project
is proposed is lower than the percentage citywide. Minor on -site consumption is not
expected to increase alcoholic related crime.
e. There are no sensitive uses such as residences, day care centers, schools, or park and
recreation facilities in the vicinity of the project site.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Minor alteration of existing structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2002 -038, subject to the Conditions set forth in Exhibit "A."
Section 5. 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 or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 5th DAY OF DECEMBER 2002.
Steven Kiser, Chairman
Shant Agajanian, Secretary
AYES:
NOES:
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City of Newport Beach
Planning Commission Resolution No. _
Paee 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002-045
1. The development shall be in substantial conformance with the approved plot plan and floor plan
dated December 5, 2002.
Use Permit No. 2002 -045 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. 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, and a second exit shall be provided in a manner and location that does not exit into
the outdoor eating or waiting areas. Specifically, approval from the Orange County Health
Department is required prior to permit issuance. A grease interceptor of adequate size is required
in association with food preparation activities.
4. The outdoor dining area shall have adequate barriers as required by the California State
Department of Alcoholic Beverage Control.
5. Hours of operation shall be from 11:00 a.m. to 11:00 p.m. daily.
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.
Live entertainment shall be prohibited at all times and any recorded background music shall be
limited to indoor areas only.
8. That any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require an amendment to
this Use Permit or the processing of a new Use Permit.
9. 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. �!
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 5
10. 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.
11. 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.
12. Full menu food service items shall be available for ordering at all times that the restaurant
establishment is open for business.
13. The exterior of the restaurant and alcoholic beverage outlet 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.
14. 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.
15. 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 for off -site
consumption of alcoholic beverages is prohibited. 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.
16. 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.
17. This Use Permit may be modified or revoked by the City Council or 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.
18. 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 on -site media broadcast, or any other
activities as specified in the Newport Beach Municipal Code to require such permits.
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City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 5
19. 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.
20. The operator of the restaurant facility shall be responsible for the control of noise generated by the
subject facility including recorded background music. 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:
l3
Between the hours of
TOOAM and 10:OOPM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
60dBA
l3
ATTACHMENT B
PROJECT DESCRIPTION FROM
APPLICANT
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APPLICANT: Lamkone Restaurants, Inc. dba " Wahoo's Fish Taco"
REQUEST: Approval of Conditional Use Permit Permitting the On -Sale of
Beer & Wine in Conjunction With The Operation of a Restaurant.
PROPOSED USE: Restaurant With On -Sale Service of Beer & Wine
ADDRESS: 1092 Newport Center Drive,
Newport Beach (Fashion Island), CA 92660
PROJECT NARRATIVE
The proposed project is for the approval of on -sale beer & wine privileges for a new
restaurant to be located within the existing Fashion Island regional shopping center. The
propose use is for a " Wahoo's Fish Taco" restaurant. Wahoo's is a quick casual family
restaurant serving healthy Mexican food with a surf related theme. This will be one of 26
locations under the Wahoo's umbrella. The project site was previously used as a retail
shop.
This request is to permit the sale of beer and wine for on -sale consumption in conjunction
with the operations of the restaurant. Service of beer and wine is made for the
convenience of patrons dining at the restaurant. No exterior improvements or changes
are proposed other than signage consistent with City and Fashion Island requirements.
The subject property is located within Fashion Island Shopping Center, a large master
planned regional shopping center. The site is bounded by other commercial and office
uses. The proposed restaurant will serve the local residents of the surrounding
community and patrons of the shopping center.
The proposed restaurant will have a total area of approximately 2,910 square feet. The
proposed restaurant will be open seven (7) days a week. The proposed hours of operation
are Sunday 11:00 AM to 10:00 PM and Monday through Saturday 11:00 AM to 11:00
PM.
The project will employ approximately 10 employees that would be on -site at one time.
The surrounding land uses are as follows:
North:
Commercial /Office.
South:
Commercial/Office.
East:
Commercial/Office.
West:
Commercial /Office.
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ATTACHMENT C
POLICE DEPARTMENT REPORT
16
City of Newport Beach
Police Department
Memorandum
November 19, 2002
TO: Gregg Ramirez, Staff Planner
FROM: Susan Seviane, Community Service Officer -Vice and Intelligence Unit
SUBJECT: Wahoo's Fish Taco
At your request, our office has examined the project review plan for the Wahoo's Fish
Taco Project located at 1091 Newport Center Drive, Newport Beach. This business will
be approximately 2500 square feet and situated in an existing retail space converting
several restaurants and interior court space. It will be in the Fashion Island Planned
Community and requires a Conditional Use Permit. The restaurant design includes an
outdoor dining area approximately 273 square feet with 26 seats. The interior dining
areas have 72 seats for a total seating of 98. According to Mr. Michael Cho, the attorney
representing Wahoo's Fish Taco, the applicant would like to open a family restaurant
with beer and wine beverage service available at the location. The menu will consist of
fish tacos, soups and salads, combination platters and will cater to local residents and
visitors to the area. Mr. Cho stated the applicant would like to have pre - recorded
background music both inside the restaurant and on the patio. The applicant has applied
for an original Type 41 (On -Sale Beer and Wine Eating) Place license with the
Department of Alcoholic Beverage Control.
Applicant History:
Wahoo's Fish Taco is operated by three brothers who, since 1988, have developed
similar businesses in 25 locations. For police services information refer to the attached
report by Crime Analyst Paul Salenko.
Signs:
Mr. Cho told me that their signs would be on configured to comply with the City of
Newport Beach sign requirements.
Hours of Operation:
Mr. Cho told me the intended hours of operation are 11:00 a.m. to 10:00 p.m. daily.
Preventive Design:
The Police Department has no recommendations.
Security:
Mr. Cho stated that they would have an alarm system.
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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 proposed 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.
Susan Seviane, Community Service Officer
Vice and Intelligence Unit
/9/
City of Newport Beach
Police Department
Memorandum
November 7, 2002 __
TO: Gregg Ramirez, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Wahoo's Fish Taco at
1091 Newport Center Drive. This area encompasses our reporting district (RD) number 39 as
well as part of Census Tract 630.08. This report reflects City of Newport Beach data for
calendar year 2001, which is the most current data available.
Calls for Service Information
City wide there were 55,291 calls for police services during this time, of which 4,269 were in
RD 39. A "call for service' is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,955 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,852 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
4,103 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,770.24 per 100,000 people. The national Part One crime rate was 4,124.0 per
100,000 people.
Crimes
RD 39
Newport Beach
California*
National*
Part 1
317
2,852
1,266,714
11,605,751
Part 2
315
4,103
N/A
N/A
Part 1Crime Rate
36,520.74
3,770.24
3,739.7
4,124.0
The number of active ABC licenses in this RD is 35 **
This reporting district had a total of 632 reported crimes as compared to a City wide
reporting district average of 211 reported crimes. This reporting district is 421 crimes or
199.87% 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. I Q
Arrest Information
There were 25 DUI arrests and 39 Plain Drunk arrests in this area during this same period as
compared to 1,769 for the entire city. This RD amounts to 3.63 % 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 39 Newport Beach
(DUI/Dnmk) 64 1,769
All Arrests 176 3,629
California* National*
N/A N/A
1,408,904 9,123,428
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 38 and RD 43. As you know, RD 38 and RD 43 are primarily residential in
nature and RD 39 is primarily commercial.
Crimes
RD 38
RD 43
Part 1
12
30
Part 2
31
43
Crime Rate
772.20
2,814.26
Arrests (DUI/Drunk)
5
15
All Arrests
8
31
Calls For Service
687
1,016
Number of active ABC licenses
1 **
7 **
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 75,645.
*These numbers are from the 2000 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.
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
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