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HomeMy WebLinkAboutGreat Legs Wine, Inc. (PA2002-195)rEW°�a> CITY OF NEWPORT BEACH Hearing Date: November 7, 2002 PLANNING DEPARTMENT Agenda Item: 2 u 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham �+< ;cOPatr NEWPORT BEACH, CA 92658 (949) 644 -3234 (949) 644-3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action REPORT TO THE PLANNING COMMISSION PROJECT: Great Legs Wine Tasting & Boutique (PA2002 -195) 2901 West Coast Highway, Suite 100 SUMMARY: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) to establish retail wine sales (Type 20 license) with ancillary wine tasting (Type 42 license). RECOMMENDED ACTION: Adopt Resolution No._ approving the requested Use Permit No. 2002- 041 (PA2002 -195) with conditions. APPLICANT: Maureen Collins and Claire Gwinner 2 lma Loa Court Newport Beach, CA 92663 PROPERTY OWNER: Waterfront Newport Beach, LLC 8540 S. Sepulveda Boulevard, Suite 706 Los Angeles, CA 90045 LOCATION: 2901 West Coast Highway, Suite 100 LEGAL DESCRIPTION: Parcel 1 of PM 84- 700 /APN 049- 130 -14 GENERAL PLAN: Recreational Marine Commercial ZONING DISTRICT: Manner's Mile Specific Plan (SP -5) IIII , li I, l pI .. iI I IIII 'fl II � I I 1 411�r �� , ICI IliII III I III ,, jI I 1 4 I p I[jI , i 'III ! i{11;17 ^ III II�I�iI Ili IIII �1 VIII w., Ili ' III I {I j'lll, J�'PO I �Ir�i Iii {r "11��9 I "I Pik Ilf�ll �I�al III ���I Ibl Clh IIII) I �,I I � '' air Ili Ill, I L,I 11i I'i•,+ II�i 'IIII: I fill iii ,r Iill r l r' ' I �1 I nl ui - II, t "t:,l I, rEJi �'iilll' Su bi ect LIDO CHANNEL INTENil 200 400 Feet VICINITY MAP , i I 1t � "r ,,Irl IIU -II VIII � Use Permit No. 2002 -041 (PA2002 -195) 2901 West Coast Highway, Suite 100 Current Development: Vacant retail suite within an existing retail/office building. To the north: Automobile /motor - scooter sales and restaurant across West Coast HighwaY. To the east: Restaurant and offices. To the south: Lido Channel. To the west: Yacht sales and offices. Great Legs (PA2002 -195) November 7, 2002 Page 2 of 6 Site /Project Overview The proposed wine shop and boutique will be located in an existing building located on the south side of West Coast Highway and approximately 150 west of the Riverside Avenue intersection. The applicant proposes to occupy a 1,183 square -foot suite located in the northwest corner of the building on the ground floor (street level). The business will consist of retail wine sales (Type 20 ABC license) and boutique items, with ancillary on -site wine tasting. The wine tasting portion of the business will be conducted at a counter and the total area devoted to wine tasting will be approximately 100 square feet (9% of the total floor area of the suite). The proposed wine shop occupies a suite previously used for retail uses. Analysis The applicant is requesting a new Type 20 (retail alcohol sales) and Type 42 (on- premise beer and wine consumption) Department of Alcoholic Beverage Control license to permit retail sales of premium wines with ancillary on -site wine tasting. In accordance with Section 20.89.030A of the ABO, a new use permit is required for any new alcoholic beverage outlet. Therefore, this staff analysis is required in conjunction with the findings and requirements of the ABO. Section 20.60.080C of the Zoning Code requires that at least 40% of a site must be occupied by a marine incentive use. The property owner has recently submitted documentation, including current lease agreements, which demonstrates that this requirement is being met. As noted above, the space to be utilized by the wine shop has previously been used as general retail space. General Plan The City's General Plan designates the site as Recreational Marine Commercial and is within the Mariner's Mile Specific Plan (Statistical Area 114). The applicant's request is consistent with the land use designation in that the retail sale of alcoholic beverages is a permitted use within the Recreational Marine Commercial land use designation, and as noted above, the site meets the 40% marine incentive uses requirements of the Mariner's Mile Specific Plan. Parking Parking for the proposed retail wine shop is within the existing parking facilities for retail /office complex. Parking for the building is located in two separate areas: on -site subterranean parking consisting of 148 spaces, and a satellite parking lot located on Riverside Avenue consisting of 55 spaces, for a total of 203 parking spaces provided. The proposed wine shop is in the space previously used for retail purposes and does not increase parking requirements for the property. Hours of Operation The hours of operation are proposed to be from 11:00 a.m. to 6:00 p.m. on Sundays, 10:00 a.m. to 6:00 p.m. Monday through Wednesday, and 10:00 a.m. through 9:00 p.m. Thursday through Saturday. These hours are consistent with the other retail businesses operating within the area, and the Police Department has no objections to the hours. Live Entertainment Great Legs (PA2002 -195) November 7, 2002 Page 3 of 6 The applicant proposes no live entertainment and the draft resolution includes a condition to prohibit live entertainment. 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 ABO 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 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 numbers of alcohol- related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. S. 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 retail wine shop will have ancillary wine tasting, but the overall nature of the business and predominate sales will be associated with the retail sales of premium wines. City Council Policy K -7 states that the convenience or necessity will not be served when a bar or cocktail lounge is located within an area with an over concentration of alcoholic licenses for on -site consumption or within an area of high crime. The proposed new user is a retail outlet for premium wines with the on -site consumption for wine tasting as an ancillary use to the retail use. Therefore, City Council Policy K -7 does not apply to this use. In addition, the wine shop is located in a space intended for that type of use in the original building design and recent past users included retailers, the most recent business being a jeweler. The wine tasting is a minor portion of the business, and is designed to promote wine appreciation, education and sales as opposed to on -site consumption as a primary use. Therefore, it can be argued that the retail of premium wines with ancillary wine tasting promotes a finding that the public convenience or necessity will be met. 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, is located within Police Reporting District No. 25. During 2001, the number of Part One Crimes in RD No. 25 was 142 and the number of Part Two Crimes was 273. Adjacent Reporting Districts are Nos. 26 and 15. RD No. 26 had 141 Part One and 162 Part Two Crimes; and RD No. 15 had 367 Part One and 912 Part Great Legs (PA2002 -195) November 7, 2002 Page 4 of 6 Two Crimes. The number of total crimes reporting within the RD of the subject project site is slightly higher than the RD to the east (RD No. 26), and is considerably lower than the RD to the south (RD No. 15). 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. 25, and they have no objection to the business at the proposed location. 3. Over Concentration. Due to this request, there would be a net increase of one license within RD No. 25. There is a total of 24 active ABC licenses within RD No. 25. 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 Mariner's Mile area within which the business is located, has a high number of eating and drinking establishments. The area is typified by full- service, sit - down restaurants that are complementary to the office, retail commercial and entertainment uses that predominate the Mariner's Mile 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 predominantly retail nature of the business and the limitation to the tasting of relatively small amounts of wine. 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 71 driving under the influence arrests and 61 plain drunk arrests within RD No. 25 in 2001. The percentage of alcohol related arrests within RD No. 25 is 68.8°/x. City -wide, alcohol related arrests account for 48.7% of all arrests made. The alcohol- related arrest rate in the two adjacent reporting districts is 58.5% for RD No. 24 and 68.7% for RD No. 15. (A map of the reporting districts is included in Exhibit No. 3.) The rate within RD No. 25, within which the project is located, is higher than the city-wide average and the adjacent RD No. 26; but about the same as the adjacent RD No. 15. The high number of alcohol- related arrests in RD No. 25 can partially be explained by the fact that Coast Highway runs through the RD. Many stops /arrests made are associated with alcohol consumption at bars and nightclubs located outside of the reporting district. The Police Department does not believe that the proposed use will generate a significant number of alcohol- related incidents. The sale of alcohol for on -site consumption is intended to be ancillary to the primary function of retail sales and the establishment is not intended to operate as a bar. The area devoted to wine tasting is limited in size (approximately 100 square feet, or less than 10% of the entire floor area), and no chairs are provided at the wine tasting bar, which will further the incentive for patrons to not linger and will also act to give patrons the notion that the business is not a bar. 5. Adjacent Uses. The site is located within Mariner's Mile and is not adjacent to sensitive land uses. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. The nearest residential use is The Towers condominiums located on the south side of West Coast Highway approximately 275 feet to the west. 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. Great Legs (PA2002 -195) November 7, 2002 Page 5 of 6 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). Conclusion Staff believes that the findings for approval of the Use Permit can be made. The site is conducive to the retail operation by design and the on -site consumption of alcoholic beverages in the form of wine tasting is ancillary to the primary retail sale of wine and is often conducted with other similar premium wine businesses. 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 use does not change the former retail use of the space. Additionally, after evaluation of the five factors pursuant to the ABO, the proposed alcohol sales and tasting use should not prove detrimental to the area. Based upon the foregoing, staff believes that the findings for a use permit can be made. 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 Exhibit No. 1. The Commission could approve a modified project. The Commission would adopt the resolution with revised conditions identified at the meeting. Submitted by: Prepared by: PATRICIA L. TEMPLE WILLIAM CUNNINGHAM Planning Director / Contract Planner (� EJA LA .i �• Mf T e V 4MM Exhibits Resolution No. 2002 -_; findings and conditions of approval 2. Letter and project description from applicant Police Department report 4. Project plans Great Legs (PA2002 -195) November 7. 2002 Page 6 of 6 EXHIBIT 1 RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -041 (PA2002 -195) FOR PROPERTY LOCATED AT 2901 WEST COAST HIGHWAY, SUITE 100. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Maureen Collins and Claire Gwinner, with respect to property located at 2901 West Coast Highway, Suite 100, and legally described as Parcel 1 of PM 84 -700, requesting approval of Use Permit No. 2002 -041 to authorize the retail sale of alcoholic beverages (Type 20 license) with ancillary on -site consumption (Type 42 license) pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). Section 2. A public hearing was held on November 7, 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 retail sales of wine with ancillary on -site wine tasting to be operated in a building that is designated and zoned for commercial 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 retail wine business that is complementary to surrounding uses within I City of Newport Beach Planning Commission Resolution No. Page 2 of 5 the Mariner's Mile area. The on -site consumption of alcohol in the form of wine tasting is typical of an establishment specializing in the retail sales of premium wines. b. 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 -041, 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 7th DAY OF NOVEMBER 2002. ffim M Steven Kiser, Chairman Shant Agajanian, Secretary AYES: NOES: 13 City of Newport Beach Planning Commission Resolution No. _ Page 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002-041 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated September 16, 2002. 2. Use Permit No. 2002 -041 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 interior wine tasting 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 AM to 6:00 PM Sundays, 10:00 a.m. to 6:00 p.m. Monday through Wednesday, and 10:00 a.m. to 9:00 p.m. Thursday through Saturday. 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. 7. Live entertainment shall be prohibited at all times. 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 or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, M City of Newport Beach Planning Commission Resolution No. _ Pase 4 of 5 within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 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. 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. 12. 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. 13. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 20 for retail beer and wine sales for off -site consumption and a Type 42 for on -site consumption only, and only in conjunction with the retail sales of wine as the principal use of the facility. 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. 14. 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. 15. 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. 16. 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. 17. 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. \0 City of Newport Beach Planning Commission Resolution No. Page 5 of 5 18. The operator of the 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: Between the hours of 7:OOAM and 10:00PM 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 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA EXHIBIT 2 APPLICANT'S LETTER �5 Great Legs Wine Tasting & Boutique Business Description Great Legs Wine, Inc. will offer a warm, friendly relaxed atmosphere in which to taste different wines from the Central Coast of California in order to promote the sale of fine wines. Customers will be able to buy a variety of wines from the small, boutique wineries of the Central Coast region. Each week a different wi- nery's.wims will be featured for tasting. Customers would also have the ability to buy wine by the glass, but tasting is our primary focus. Customers will have an opportunity to learn about the wineries of the region, as.well as., have the opportunity to meet with the various winemakers from the appellations to discuss their wine making processes. The experience will bring customers back to continue to try new wines; it will provide them with an appreciation of the complexities of wine. The experience and knowledge gained will inspire our customers to tell their family and friends, thus increasing our clientele. Great Legs Wine, Tasting & Boutique will operate Sunday 11 a.m. until 6 p.m. Monday thru Wednesday from 10 a.m. until 6 p.m. and Thursday thru Saturday from 10 a.m. until 9 p.m. We will be closed on Easter Sunday, Thanksgiving Day and Christmas Day. The goal of Great Legs Wine is to sell wines by offering customers superior wines and the opportunity to sample the many tastes of nearby wineries in California. y p e,-- 0,0 eLe- 4,1-2( 7`i pG t-1 Z /6114,4Z ", ��.�sx�, i /�Ct. -i. /W1'x' lq EXHIBIT 3 POLICE DEPARTMENT REPORT 15 NEWPORT BEACH POLICE DEPARTMENT 870 Santa Barbara, P.O. Box 7000. Newport Beach, CA 92658 -7000 October 29, 2002 NEWPORT BEACH POLICE DEPARTMENT TO: Gregg Ramirez, Staff Planner FROM: Susan Seviane SUBJECT: Great Legs Wine Tasting & Boutique BOB MCDONELL Chief of Police At your request our office has reviewed the project request for Great Legs Wine Tasting & Boutique, located at 2901 W. Coast Hwy., Suite 100, Newport Beach, CA 92663. The applicants, Maureen Collins and Claire Gwinner, plan to sell .fine wines, packaged snack items, wine related items and gift baskets. In addition, Ms. Collins and Ms. Gwinner propose to offer wine tasting at this location. Their plan depicts a wine counter with an approximately six seats delineated with posts and velvet rope. The business has approximately 1183 square feet of floor space and is located in an area that attracts substantial seasonal traffic. Ms. Collins and Ms. Gwinner have applied for a Type 42 ABC license (On -Sale Beer & Wine - Public Premise) and Type 20 (Off -Sale Beer & Wine) license. Assuming the CUP is approved, the Police Department will submit conditions to the Department of Alcohol Beverage Control as necessary to maintain the health, safety and welfare of the community. For police services information refer to the attached report by Crime Analyst Paul Salenko. Signs and Displays: Ms. Collins and Ms. Gwinner were advised that any signs and displays would need to conform to city requirements. Hours of Operation: According to Ms. Collins, the intended hours of operation are from 11:00 a.m. to 6:00 p.m. on Sunday, Monday through Thursday 10:00 a.m. to 7:00 p.m., and I0:00a.m. to 9:00 p.m. on Friday and Saturday. Preventive Design: The Police Department has no recommendations. Vle. Office of the Chief (949) 644-3101 1 Administration (949) 644-36541 Patrol - Traffic (949) 644-37421 Detectives (949) 644 -3790 Security: The Police Department has no recommendations. Employee Trainhuz: Require all owners, managers and employees serving and/of 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 Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, or events for which an admission fee, is charged, those that include any form of on -site media broadcast (live or taped for future broadcast), any event produced by third - party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to 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 business: • The alcoholic beverage outlet is hereby defined as a retail establishment for the sale of general alcoholic beverages for off -site consumption as the primary and principal use of the project site. On -site consumption of wine shall be limited to wine tasting and shall be accessory and subordinate to the principal retail use. Such sales shall not exceed 20 percent of quarterly gross sales. • The interior area authorized for on -site consumption of beer and wine in conjunction with a Type 42 license shall be limited as delineated by the approved floor plans. Substantial changes to the floor plans shall require prior approval by the Planning Commission. • Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. —1 Susan Se ane, Co— mmunity Services Officer Vice and Intelligence Unit 0 City of Newport Beach Police Department Memorandum October 23, 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 Great Legs Wine, Inc.at 2901 West Coast Hwy. This atea encompasses our reporting district (RD) number 25 as well as part of Census Tract 634. 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 2,554 were in RD 25. 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 25 Newport Beach California" National* Part 1 142 2,852 1,266,714 11,605,751 Part 2 273 4,103 N/A N/A Part 1Crime Rate 5,130.06 3,770.24 3,739.7 4,124.0 The number of active ABC licenses in this RD is 24 ** This reporting district had a total of 415 reported crimes as compared to a City wide - reporting district average of 211 reported crimes. This reporting district is 204 crimes or 96.91% 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. 1� Arrest Informati on There were 71 DUI arrests and 61 Plain Drunk arrests in this area during this same period as compared to 1,769 for the entire city. This RD amounts to 7.5 % 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 25 (DUI/Drunk) 132 All Arrests 192 Newport Beach 1,769 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 16 and RD 13. Crimes RD 26 RD 15 Part 1 141 367 Part 2 162 912 Crime Rate 5,318.75 12,981.96 Arrests (DUI/Drunk) 69 613 All Arrests 118 892 Calls For Service 2,193 5,658 Number of active ABC licenses 12 ** 70 ** 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 l� W., A� N C 1 rI . , 1 7, is I 11 61" I F� � � Yi �� � a � U 5��� ':Y' �'. Yn.� i., :..