HomeMy WebLinkAbout03 - Red O MUP_UP2013-009 - 143 Newport Center Drive - PA2013-109COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 25, 2013
Agenda Item No. 3
SUBJECT: Red O Minor Use Permit - (PA2013 -109)
143 Newport Center Drive
Minor Use Permit No. UP2013 -009
APPLICANT: Dan Prendergast Red O, LLC
PLANNER: Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -56 (North Newport Center)
• General Plan: CR (Regional Commercial)
PROJECT SUMMARY
A Minor Use Permit application for the on -site sale and consumption of alcoholic
beverages (ABC License Type C -47 — Full Liquor) for Red O restaurant, a food service,
eating and drinking establishment with late hours (after 11:00 p.m.), live entertainment,
and an outdoor dining patio. The location of the restaurant is proposed within a new
shell building that is currently under construction on a new pad created in the Fashion
Island Shopping Center circle off of Anacapa Drive.
The restaurant will be 6,915 square feet with two outdoor dining areas: one 1,500
square feet and the other 2,100 square feet. The hours of operation will be 9 :00 a.m. to
2:00 a.m., daily with a piano bar as live entertainment ending at 1:00 a.m.. Due to the
late hours of operation (after 11:00 p.m.), approval of an Operator's License by the
Newport Beach Police Department will be required.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2013 -009 (Attachment No. ZA 1).
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Red O Minor Use Permit
July 25. 2013
Page 2
• The subject property is located within the Fashion Island Shopping Center and is
bounded by Newport Center Drive to the south. The area in the vicinity of the project
site is developed with commercial retail uses within Fashion Island. Office uses are
located across Newport Center Drive to the south.
• Red O will occupy the shell building that is currently under construction at the
southern portion of Fashion Island. The nearest access to the restaurant is obtained
from Newport Center Drive through a shopping center drive aisle to the southeast of
the site.
• The Land Use Element of the General Plan designates the project site as Regional
Commercial (CR), which is intended to provide retail, entertainment, service, and
supporting uses that serve local and regional residents. The proposed restaurant
with alcoholic beverage sales and live entertainment is a use that serves local and
regional residents and visitors, consistent with this land use designation.
• The project is located in the Fashion Island Sub -Area of the PC -56 (North Newport
Center Planned Community) Zoning District. Fashion Island is intended to be a
regional retail and entertainment center and a day /evening destination with a wide
variety of uses that will serve visitors, residents, and employees of the area. The
restaurant with alcoholic beverage sales and live entertainment is a commercial use
that is intended to serve visitors, residents, and employees in the broader regional
area and, therefore, is consistent with the purposes of the North Newport Center
Planned Community District for the Fashion Island Sub -Area.
• Eating and Drinking Establishments are permitted uses within the Fashion Island.
Pursuant to the Planned Community Text, live entertainment is included in the
definition of "Commercial Recreation and Entertainment' which is a permitted use
within the Fashion Island subarea. Also pursuant to the Planned Community Text,
the on- premise sale of alcohol in conjunction with an eating and drinking
establishment requires a minor use permit.
• The Police Department is familiar with the security plan in place for the overall
shopping center and conditions of approval are proposed to adequately manage the
late hour component of the proposed restaurant.
• The subject property is located within Reporting District No. 39 (RD39) and
generally, crime statistics are higher in this district than adjacent districts due to the
higher concentration of commercial uses within North Newport Center. The Newport
Beach Police Department is aware of this and has recommended approval of the
restaurant. The alcohol related statistics for RD39 are incorporated into the factors
for consideration in the draft resolution prior to the Zoning Administrator hearing
(Attachment No. ZA 1). A map of the Reporting Districts, alcohol related statistics,
and a memorandum, which includes the recommendation of the Police Department,
are attached as Attachment Nos. ZA 3, 4, and 5.
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Red O Minor Use Permit
July 25. 2013
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• The proposed hours of operation are 9:00 a.m. to 2:00 a.m., daily. Due to the late
hours of operation (after 11:00 p.m.), approval of an operator's license by the
Newport Beach Police Department will be required should this minor use permit be
approved. An operator license required pursuant to NBMC Chapter 5.25 may be
subject to additional and /or more restrictive conditions to regulate and control
potential nuisances associated with the operation of the restaurant.
• While the proposed restaurant is not considered a bar, tavern, or lounge by definition
(a Type 47 (On Sale General) alcohol license is requested as part of a bona fide
eating establishment), Staff recognizes that the proposed floor plan, hours of
operation, and typical operation of the Red O Restaurant and many restaurants
often contribute to a bar /lounge style component following typical dinner hours in the
evening. While the proposed hours of operation for the Red O are later than the
hours for other restaurants within Fashion Island, Staff and the Police Department
have reviewed the minor use permit request with this component in mind and are
recommending approval at the project location.
• The restaurant operation will include occasional live entertainment consisting of a
piano bar with mood musical ensembles. The hours of operation for live entertainment
will be conditioned to end at 1:00 a.m., daily, to encourage patrons to leave in
compliance with the 2:00 a.m. closing hour. Given that live entertainment is allowed
by right within the North Newport Center Planned Community, Staff recommends
that live entertainment not be limited by type. Additionally, Chapter 5.28 (Live
Entertainment Establishments) of the Newport Beach Municipal Code, the live
entertainment permit, and the operator license will all provide tools to address any
issues that may occur. The applicant will be required to obtain a live entertainment
permit from the Revenue Division prior to the issuance of building permits.
• The proposed project complies with the development standards for on -sale alcohol
sales and outdoor dining provided in Section 20.48.030 (Alcohol Sales) of the
Zoning Code. The project has been reviewed and conditioned to ensure that the
purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is
maintained and that a healthy environment for residents and businesses is preserved.
The service of alcohol is intended for the convenience of customers dining at the
restaurant. Operational conditions of approval recommended by the Police
Department relative to the sale of alcoholic beverages will help ensure compatibility
with the surrounding uses and minimize alcohol related impacts.
• The proposed outdoor dining patio and restaurant are within the cumulative floor
area limits allocated for Fashion Island. Fair share and San Joaquin Transportation
corridor fees will be assessed prior to the issuance of tenant improvement building
permits for additional gross floor area beyond the floor area identified for the
construction of the restaurant shell building.
• The Fashion Island shopping center provides required parking within the surface
parking lots and parking structures on site.
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Red O Minor Use Permit
July 25. 2013
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ENVIRONMENTAL REVIEW
The project qualifies for Class 1 (Existing Facilities) categorical exemption, Section
15301 of the California Environmental Quality Act. The proposed project involves the
addition of alcoholic beverages at a recently constructed restaurant with live
entertainment and an outdoor dining patio. Therefore, both the interior use and outdoor
dining patio qualify for a categorical exemption under Class 1.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within fourteen (14)
days following the date the action or decision was rendered unless a different period of
time is specified by the Municipal Code. For additional information on filing an appeal,
contact the Planning Division at 949 644 -3200.
Prepared by:
Melinda Whelan
Assistant Planner
GR/msw
Attachments:
ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Police Department Reporting Districts
ZA 4 Alcohol Related Statistics
ZA 5 Police Department Recommendation
ZA 6 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -009 TO ALLOW A TYPE 47 (ON SALE GENERAL)
ALCOHOLIC BEVERAGE CONTROL LICENSE AT A NEW
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
LOCATED AT 143 NEWPORT CENTER DRIVE (PA2013 -109)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Red O, LLC, representing the Irvine Company, with respect to
property located at 143 Newport Center Drive, and legally described as Parcel 3 of Lot
Line Adjustment No. LA2012 -005, recorded September 11, 2012 as Instrument No.
2012000529298 of official records, in the office of the County Recorder of the County of
Orange, requesting approval of a minor use permit.
2. The applicant requests a minor use permit to allow a Type 47 (On Sale General)
Alcoholic Beverage Control (ABC) license for Red O, a food service, eating and
drinking establishment with late hours (after 11:00 p.m.), live entertainment, with an
outdoor dining patio. Due to the late hours of operation (after 11:00 p.m.), approval of
an Operator's License by the Newport Beach Police Department will be required.
3. The subject property is located within the Fashion Island Sub -Area of the PC -56 (North
Newport Center Planned Community) Zoning District and the General Plan Land Use
Element category is CR (Regional Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on July 25, 2013 in the City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Zoning Administrator
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. The proposed project involves the addition of alcoholic beverages at a restaurant that
is under construction that will include live entertainment and an outdoor dining patio.
Therefore, both the interior use and outdoor dining patio qualify for a categorical
exemption under Class 1.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code,
the following findings and facts in support of the findings for a use permit are set forth:
Finding
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of
the Zoning Code.
Facts in Support of Finding
In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the
Zoning Code, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The proposed establishment is located within Reporting District 39, wherein the
number of crimes is higher than adjacent Reporting Districts (RDs) and the City. The
adjacent RDs (43, 44, and 47) have a lower number of crimes as they are primarily
residential with few commercial uses. Due to the high concentration of commercial
land uses in Fashion Island, the crime rate and shoplifting rate is greater than adjacent
residential Reporting Districts; however, the Newport Beach Police Department does
not consider the number significant given the type of development within this
Reporting District.
ii. The numbers of alcohol- related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
1. Due to the high concentration of commercial land uses, the calls for service and
number of arrests are greater than adjacent residential Reporting Districts. The Police
Department does not consider the rate high because of the concentration of
restaurants and commercial uses within Fashion Island and the surrounding North
Newport Center. The Newport Beach Police Department has not previously reported
any calls for service to the subject property since the proposed use is part of a new
development project.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
1. Fashion Island does not abut sensitive land uses and is separated from other uses by
parking lots, roadways and other commercial uses. Residential uses are permitted in the
northern sections of the PC -56 (North Newport Center Planned Community) Zoning
District within Blocks 500, 600, 800, and San Joaquin Plaza. The proposed use is not
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located in close proximity to these residential districts, day care centers, park and
recreation facilities, places of religious assembly, and schools.
iv. The proximity to other establishments selling alcoholic beverages for either off -site or
on -site consumption.
1. Muldoon's Irish Pub is located at 202 Newport Center Drive to the south of the project
site at the intersection of Anacapa and Newport Center Drive. Muldoon's is authorized
to operate until 2:00 a.m. and provides live entertainment, dancing, and Type 47 (On
Sale General) and Type 68 (Portable Bar) alcohol licenses. Off -sale alcohol sales are
located in the vicinity at Whole Foods, at 461 Newport Center Drive, within Fashion
Island. Additionally, there are many comparable restaurant establishments within the
Fashion Island Shopping Center. These include other pad restaurant tenants such as
Roy's Hawaiian Fusion, Fleming's Steak House, and True Food Kitchen. The Type 47
(On Sale, General) alcohol license requested is the same as those obtained for said
establishments and there is no evidence suggesting these uses have been detrimental
to the neighborhood. However, Red O and the recently approved Fig & Olive will be
the only locations with late hours after 12:00 midnight within Fashion Island. While the
proposed hours of operation are later, an adequate security plan per the Police
Department is in place for the Fashion Island Shopping Center and conditions of
approval are proposed to adequately manage the late hour component of the
proposed restaurant.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions
1. The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the restaurant. Operational
conditions of approval relative to the sale of alcoholic beverages will help ensure
compatibility with the surrounding uses and minimize alcohol related impacts.
2. The restaurant use will be located within a shopping center designated to include such
development. The Regional Commercial (CR) designation of the General Plan allows
eating and drinking establishments. The service and consumption of alcohol at the
proposed restaurant, pursuant to a Type 47 Alcoholic Beverage Control license under
the conditions imposed by this Minor Use Permit that it will be operated and
maintained, complies with the provisions of the Zoning Code and the North Newport
Center Planned Community District Regulations.
3. The restaurant will be adjacent to a highly - traveled commercial area that is occupied
by a mixture of office and retail uses. It is anticipated that the establishment will serve
visitors and employees of the nearby businesses who stop and eat within the North
Newport Center area. Adding alcohol service to the menu will compliment the food
service and provide for the convenience of customers.
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4. The proposed restaurant is located within a shell building that is currently under
construction. Improvement to the interior of the building for the restaurant use is currently
in plan check and will be designed specifically for a restaurant that includes on -site
service and consumption of alcoholic beverages.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a use permit are
set forth:
Finding
B. The use is consistent with the General Plan and any applicable specific plan:
Facts in Support of Finding
1. The Land Use Element of the General Plan designates the project site as Regional
Commercial (CR), which is intended to provide retail, entertainment, service, and
supporting uses that serve local and regional residents. The proposed restaurant with
alcoholic beverage sales and live entertainment is a use that serves local and regional
residents and is consistent with land uses in the CR land use designation.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code:
Facts in Support of Finding
1. The project is located in the Fashion Island Sub -Area of the PC -56 (North Newport
Center Planned Community) Zoning District. Fashion Island is intended to be a
regional retail and entertainment center and a day /evening destination with a wide
variety of uses that will serve visitors, residents, and employees of the area. The
restaurant with alcoholic beverage sales and live entertainment is a commercial use
that serves visitors, residents, and employees in the area and, therefore, is consistent
with the purposes of the North Newport Center Planned Community District for the
Fashion Island Sub -Area.
2. Eating and Drinking Establishments are permitted uses within the Fashion Island Sub -
Area of the North Newport Center Planned Community Zoning District. Pursuant to the
Planned Community Text, live entertainment falls beneath the definition of
"Commercial Recreation and Entertainment" which is a permitted use within the
Fashion Island subarea. Pursuant to the Planned Community Text, the on- premise
sale of alcohol in conjunction with an eating and drinking establishment requires a
minor use permit.
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3. The proposed outdoor dining area and the restaurant area are within the limits of the
cumulative floor area allocated for Fashion Island.
Finding
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity:
Facts in Support of Finding
1. The Fashion Island Sub -Area permits a range of retail, dining, and commercial
entertainment uses within the PC -56 (North Newport Center Planned Community)
Zoning District. While the proposed establishment provides a component of late night
dining services similar to a lounge, the use is compatible with surrounding permitted
commercial uses in the vicinity and there are no sensitive land uses located nearby.
2. The proposed hours of operation are 9:00 a.m. to 2:00 a.m., daily. While the proposed
hours of operation for Red O are later than the hours for other restaurants within
Fashion Island, an adequate security plan is in place for the Fashion Island Shopping
Center and conditions of approval are proposed to adequately manage the late hour
component of the proposed restaurant.
3. Due to the late hours of operation (after 11:00 p.m.), approval of an Operator's License
by the Newport Beach Police Department will be required. A copy of the Fashion
Island Security Plan will be provided as part of the operator license process for the
proposed business. An operator license required pursuant to NBMC Chapter 5.25 may
be subject to additional and /or more restrictive conditions to regulate and control
potential nuisances associated with the operation of the restaurant. The operator
license will help ensure compatibility of the proposed business with the surrounding
uses in the vicinity.
4. Live entertainment in the form of a piano bar and mood music is requested during the
regular hours of operation. The recommended hours of operation for live entertainment
during the evening hours are until 1:00 a.m., daily, to encourage patrons to leave in
compliance with the 2:00 a.m. closing hour.
5. The on -site consumption of alcoholic beverages will be incidental to the restaurant use.
The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period, per the conditions of approval. Alcoholic beverage service will be
under the supervision of LEAD - trained employees.
Finding
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities:
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Facts in Support of Finding
1. The Fashion Island shopping center provides adequate parking and circulation within
the surface parking lots and parking structures on site.
2. This site has been reviewed by the Fire Department to ensure adequate public and
emergency vehicle access is provided. Utilities are provided with all applicable
requirements.
3. The site is under construction with a shell building designed for a restaurant use.
Improvement to the interior of the building for the restaurant use is currently in plan
check.
4. Improvements to the project site will comply with all Building, Public Works, and Fire
Codes. All ordinances of the City and all conditions of approval will be complied with.
Finding
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, a safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Findinq
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the subject property and adjacent properties during business hours, if
directly related to the patrons of the establishment.
2. The food service, eating and drinking establishment with alcohol service will serve
visitors and the surrounding business community. The proposed establishment will
provide alcohol service as a public convenience to visitors and workers within the
surrounding area.
3. Fashion Island management has historically provided efficient on -site security and
cooperates with the Newport Beach Police Department. The provision of an operator
license will further enable the Police Department to regulate the operation of the
proposed business.
4. The applicant is required to install a grease interceptor, obtain Health Department
approval prior to opening for business, and comply with the California Building Code to
ensure the safety and welfare of customers and employees within the establishment.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2013 -009 (PA2013 -109), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
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 Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 25th DAY OF JULY, 2013.
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division Conditions
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Alcohol service shall be limited to a Type 47 (On Sale General) Alcoholic Beverage
Control License.
3. The hours of operation shall be limited to between 9:00 a.m. to 2:00 a.m., daily.
4. Live entertainment shall be permitted at the subject property until 1:00 a.m., daily. There
shall be no live entertainment allowed on the premises without first obtaining a Live
Entertainment Permit from the City. Prior to the final of building permits for the
restaurant tenant improvement, the applicant shall obtain a Live Entertainment Permit
from the Revenue Division.
5. The operator as well as any future operators of the restaurant shall obtain an Operator
License pursuant to Chapter 5.25 of the Municipal Code to ensure the business is
operated in a safe manner. The Operator License may be subject to additional and /or
more restrictive conditions to regulate and control potential late -hour nuisances
associated with the operation of the restaurant.
6. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for any
additional gross floor area associated with the restaurant and mezzanine in accordance
with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be
credited for square footage identified in the restaurant pad shell building under Plan
Check No. 1364 -2012 and the remaining balance shall be charged to the applicant.
7. Prior to the issuance of building permits, San Joaquin Transportation Corridor Fees shall
be paid for any additional gross floor area associated with the restaurant and mezzanine.
The applicant shall be credited for square footage identified in the restaurant pad shell
building under Plan Check No. 1364 -2012 and the remaining balance shall be charged to
the applicant.
8. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code, unless the Zoning
Administrator first approves an amended minor use permit. This Minor 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.
9. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
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10. Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
11. A Special Event 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.
12. There shall be no dancing allowed on the premises unless permitted by a Special Events
permit.
13. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
14. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible
to the exterior shall constitute a violation of this condition.
15. 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.
16. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements
of the Newport Beach Municipal Code.
17. The boundary of the accessory outdoor dining area shall be marked through the use of
a 36- inch -high rail. Fences, walls, or similar barriers shall serve only to define the
outdoor dining area and not constitute a permanent all weather enclosure.
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18. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26
of the Municipal Code, Community Noise Control.
19. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
20. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
21. The operator of the food service use shall be responsible for the clean -up of all on -site
and off -site trash, garbage and litter generated by the use.
22. Storage outside of the building shall be prohibited, with the exception of the required
trash container enclosure.
23. The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter, and debris from
the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall
be removed within 48 hours of written notice from the City.
24. 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, if directly
related to the patrons of the subject alcoholic beverage outlet.
25. All proposed signs shall be in conformance with the provisions of the PC -56 (North
Newport Center Planned Community), Chapter 20.42 (Sign Standards) of the Newport
Beach Municipal Code, or an approved Comprehensive Sign Program for the project
site.
26. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
permit.
27. The Zoning Administrator may add to or modify conditions of approval to this Minor
Use Permit, upon a determination that the operation which is subject of this Minor Use
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Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
28. Any changes in operational characteristics, hours of operation, expansion in area, or
modification to the floor plan, shall require an amendment to this Minor Use Permit,
unless otherwise approved by the Planning Division.
29. Should the business, subject to the Minor Use Permit conditioned herein, be sold or
otherwise come under different ownership or a change in operators, any future
owners, operators, or tenants shall be notified of the conditions of this approval by
either the current business owner, property owner, or the leasing agent.
30. This Minor Use Permit shall expire unless exercised within twenty -four months from
the date of approval as specified in Section 20.91.50 of the Newport Beach Municipal
Code.
31. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Red O Minor Use Permit including, but not limited
to, the Minor Use Permit No. UP2013 -009 (PA2013 -109). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by applicant, City, and /or the
parties initiating or bringing such proceeding. The applicant shall indemnify the City for
all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Building Division and Fire Department Conditions
32. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. 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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
33. A covered wash -out area (36 inches wide by 36 inches deep by 6 feet high) for refuse
containers and kitchen equipment shall be provided and shall drain directly into the sewer
system, unless otherwise approved by the Community Development Director and Public
Works Director in conjunction with the approval of an alternative drainage plan. The
washout area shall be specifically shown on the construction drawings submitted for
building permits.
Tmplt: 05/1612012
19
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 12 of 12
34. The facility shall comply with the provisions of Chapter 14.30 of the Municipal Code for
commercial kitchen grease disposal, as determined by the Building Division and the
Utilities Department.
35. The restaurant shall provide the number of plumbing fixtures to satisfy the requirements
of Chapter 4 of the California Building Code, 2010.
36. Prior to issuance of building permits, an exit analysis shall be provided for the outdoor
dining patio.
37. The facility shall be designed to meet exiting and fire protection requirements as
specified by the California Building Code and shall be subject to review and approval by
the Building Division.
38. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
Tmplt: 05/1612012
20
Attachment No. ZA 2
Vicinity Map
21
VICINITY MAP
Minor Use Permit No. UP2013 -009
PA2013 -109
143 Newport Center Drive
22
Attachment No. ZA 3
Police Department Reporting Districts
23
24
25
20
Attachment No. ZA 4
Alcohol Related Statistics
27
M
NEWPORT BEACH POLICE DEPARTMENT L,7— °CrlwL&ArwLLy,ayUn.X Chieay R. Johnson 870 Santa Barbara Drive - Newport Beach - CA 92660 - 949.644.3791 w =.
CRIME AND ALCOHOL - RELATED STATISTICS - 2012
rvVtCS:
Part I Crimes ore the 8 most serious crimes as defined by the FBI 'Uniform Crime Report - Homicide, Rope, Robbery, Aggravated Assault, Burglary, Larceny- Theft, Auto Theft, and Arson.
This report reflects City of Newport Beach data for calendar year 2012, which is the most current onto available.
Califfornia and Norional figures are based on the 2012 Uniform Grime Report, which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of licenses known to the NBPO as of the date of this document. 6/10/2023
29
A
Subject:
a
. a y T O d?:. L.
P..,
f 1 3 fitY AY,dn_y l5rsr ', .t,�'t"t r Fi'^ r a _ t . f } •:a
P
0 ��x vrenot o / earb P r '�
Gen,,,, e D,
el Qf t %f
Subject RD:
5,932 176 216 8,290.16 193 23 35 0 14 36
59
"nRmDD39 `y
. �. '.'�+�+rAVi 'A
A e
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r t'�'J
R 4S��'.a•
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384
auv %a ...Y ti >.UL.0
Adjacent RD:
RD44
4,342 119 200 1,857.34 164 27 45 2 84 26
246
3
1135
Newport Beach
68,888 2,332 3,585 2,731.45 3,280 446 856 14 1,079 394
217
1� e' e`l . -- r ' i Y ` t"t'4`:;, ' rWW;cc'rres �v R - 2, ' „Ymy fW�' �H„q t��., �y, v ,
o Ja & 1'128 845 - 'notavadable - 2 994 92 7 0 3 Sr st99t01,t , 90; r• notoYarlable 44 536'
'.....5 CF' f o ,
"i`.e«"�rk..c#'i^3.:.��.�a.�Wr a...i
.,..-. t - ..; � ...... , .,
National
notovailable 10,266,737 not available 3,294.93 12,408,899 1,215,077 534,218 500,648 not available not applicable
aotoppiicable
Summary for Red 0 at 143 Newport Center Dr (RD39)
In 2012, RD39 had a total of 392 reported crimes, compared to a city -wide reporting district average of IS2 reported crimes.
This reporting district is 240 crimes, or 158 %, OVER the city -wide average.
The number of active ABC licenses in this RD is 36, which equals a per capita ratio of one license for every 59 residents.
Orange County averages one license for every 504 residents and California averages one license for every 836 residents.
This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses.
rvVtCS:
Part I Crimes ore the 8 most serious crimes as defined by the FBI 'Uniform Crime Report - Homicide, Rope, Robbery, Aggravated Assault, Burglary, Larceny- Theft, Auto Theft, and Arson.
This report reflects City of Newport Beach data for calendar year 2012, which is the most current onto available.
Califfornia and Norional figures are based on the 2012 Uniform Grime Report, which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of licenses known to the NBPO as of the date of this document. 6/10/2023
29
-? ,_Petty Theftr:.:`._......._: -_.:.
..
8urglaiy /Theft From Motor Veh Ok
Additional In formation
Burglary /Theft' -From Motor Vehicle
3�
Attachment No. ZA 5
Police Department Recommendation
31
�2
City of Newport Beach
Police Department
Memorandum
June 18, 2013
TO: Melinda Whelen, Assistant Planner
FROM: Detective Brian Haas
SUBJECT: Red O, 143 Newport Center Drive
Use Permit No. UP2013 -009 (PA2013 -109).
At your request, the Police Department has reviewed the project application for "Red O"
restaurant, located at 143 Newport Center Drive, Newport Beach. Per the project
description, the applicant is requesting a minor use permit for the on -site sale and
consumption of alcoholic beverages (ABC License Type 47) for the recently constructed
"Red O" restaurant to be located at 143 Newport Center Drive in Fashion Island. The
restaurant will be 6,915 square feet with a 1,500 square foot outdoor patio area. The
proposed hours of operation will be from 9:00 a.m. to 2:00 a.m., daily with a piano bar as
live entertainment ending at 1:00 a.m. Due to the late hours of operation (after 11:00 p.m.),
approval of an Operator License by the Newport Beach Police Department is required.
The applicant will apply for a Type 47 (On -Sale General for Bona Fide Public Eating Place)
license with the Department of Alcoholic Beverage Control. This license includes beer,
wine and distilled spirits for consumption on the licensed premises. The license will be
conditioned appropriately to protect the health, safety and welfare of the community.
I have included a report by Crime Analyst Caroline Staub that provides detailed statistical
information related to calls for service in and around the applicant's place of business. This
report indicates that this new location is within an area where the number of crimes is at
least 158% above the City wide reporting district average. Additionally, this location is also
within an RD that is over the Orange County per capita of ABC licenses. This RD amounts
to 4.45% of DUI /Drunk arrests made in the entire City.
Applicant History
The "Red O" was recently constructed as a new shell on a new pad created in the Fashion
Island Shopping Center circle off Anacapa Drive. The "Red O" concept is to create a unique
dining landmark with world -class Mexican food and a luxurious ambience. "Red O" is
proposed to be a "date night" destination incorporating a fine dining atmosphere with
unparalleled service.
"Red O" will be one of two side -by -side restaurants in Fashion Island near where the former
Coco's Restaurant existed. The other restaurant, "Fig and Olive ", has already received its
MUP and Operator's License. These two new locations have been planned by the Irvine
Company to exist in tandem with similar hours of operation, live entertainment, and alcohol
33
Red O
UP2013 -009
service. This will be "Red O's" first Orange County location, with the only other location
being in Los Angeles.
Recommendations
The Police Department has no objection to the operation as described by the applicant.
With the below listed conditions in place, the Police Department does not feel that the
operation will have a negative impact on the community and police services.
Signs and Displays
Any signs or displays would need to conform to City requirements. 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.
Hours of Operation
The proposed hours of operation for the restaurant are from 9:00 a.m. to 2:00 a.m., daily.
Securi
The Police Department has no recommendations. This location lies within Fashion Island,
which currently has security operations in place.
Employee Training
Require all owners, managers, and employees 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
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, events for which an admission
fee is charged, events that include any form of contract promoters, or any other activities as
specified in the Newport Beach Municipal Code to require such permits.
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions would be
appro\prii e for the Conditional Use Permit for the business:
"I. Approval does not permit "Red O" to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Municipal Code, unless the Planning Commission
rfirst approves a use permit.
$� No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
2
3.4
Red O
UP2013 -009
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. No games or contests requiring or involving the consumption of alcoholic
peverages shall be permitted.
Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge,
cover charge, or any other form of admission charge, including minimum drink
orders or the sale of drinks.
6. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include
the service of alcoholic beverages, without first obtaining an approved Special
Event Permit issued by the City of Newport Beach.
There shall be no live entertainment allowed on the premises without first
)obtaining a permit through the City of Newport Beach.
There shall be no dancing allowed on the premises.
9. Strict adherence to maximum occupancy limits is required.
10. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted.
\V The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food during the same period. The licensee shall at all times maintain records,
which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less
frequently than on a quarterly basis and shall be made available to the Police
Department on demand.
If you have any questions, please contact Detective Brian Haas at (949) 644 -3709.
9_4 Irv"'"_°_
Dale Johnson, Captain
Detective Division Commander
3
/�
Brian Haas, Detective
Vice /Intelligence /ABC
3�
Attachment No. ZA 6
Project Plans
37
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143 Newport Center Drive
Red 0 Fashion Island, LLC 3
AUGUST 2012
ABBREVIATIONS
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SYMBOLS
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LOCATION MAP
BUILDING DEPARTMENT
WATER AND SEWER
ELECTRIC
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FIRE DEPARTMENT
PLUMBING CALCULATION
PUBLIC WORKS
HEALTH DEPARTMENT
INDUSTRIAL WASTE
AIR QUALITY MANAGEMENT
TELEPHONE
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REGULATORY COMPLIANCE
PROJECT DATA
Q
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SCOPE OF WORK,�...�...,.m -�
LANDLORD VENDORS
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