HomeMy WebLinkAbout04 - Blue C Sushi Minor Use Permit - PA2013-148COMMUNITY 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
September 26, 2013
Agenda Item No. 4
SUBJECT: Blue C Sushi Minor Use Permit - (PA2013 -148)
1095 Newport Center Drive
Minor Use Permit No. UP2013 -013
APPLICANT: Art Rodriguez & Associates, 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 Blue C Sushi restaurant, a food
service, eating and drinking establishment with no late hours (after 11:00 p.m.) and 77
seats. The location of the restaurant is proposed within an existing restaurant space on
the upper level of the Fashion Island shopping center.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. — approving Minor Use Permit No.
UP2013 -013 (Attachment No. ZA 1).
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Blue C Sushi Minor Use Permit
September 26. 2013
Page 2
DISCUSSION
• The subject property is located within the Fashion Island Shopping Center. The area
in the vicinity of the project site is developed with commercial retail and restaurant
uses within Fashion Island.
• Blue C Sushi will occupy an existing restaurant space on the upper level in the
Fashion Island mall. The tenant improvement is currently in plan check.
• 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 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 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
Sub -Area of the North Newport Center Planned Community Zoning District.
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.
• The proposed hours of operation are 10:00 a.m. to 10:00 p.m., daily. Staff is
recommending conditioning the closing hour to be no later than 11:00 p.m. as this
would be considered late hours and would require an Operator's license and further
review by the Police Department and Planning Division.
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Blue C Sushi Minor Use Permit
September 26. 2013
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• The closing hour of 11:00 p.m. will help ensure the establishment does not operate
like a bar, lounge, or nightclub after typical dinner hours.
• 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 Fashion Island shopping center provides required parking within the surface
parking lots and parking structures on site.
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 new restaurant in an existing restaurant space.
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.
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Blue C Sushi Minor Use Permit
September 26. 2013
Page 4
Prepared by:
Melinda Whelan
Assistant Planner
GR/msw
Attachments:
PATAISMITN"HIETMO Mme d
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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w
Attachment No. ZA 1
Draft Resolution
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2
RESOLUTION NO. ZA2013 -0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -013 TO ALLOW A TYPE 47 (ON SALE GENERAL)
ALCOHOLIC BEVERAGE CONTROL LICENSE AT A NEW
FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT
LOCATED AT 1095 NEWPORT CENTER DRIVE (PA2013 -148)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Art Rodriguez & Associates, with respect to property located
at 1095 Newport Center Drive, and legally described as Parcel 1 of Lot Line Adjustment
No. LA2009 -001, recorded May 6, 2009 as Instrument No. 2009000226826 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 Blue C Sushi, a food service, eating and
drinking establishment with no late hours (after 11:00 p.m.).
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 September 26, 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 currently in plan check as a tenant improvement. Therefore, the project qualifies 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 numberof 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.
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. There are many comparable restaurant establishments within the Fashion Island
Shopping Center. These include tenants such as Roy's Hawaiian Fusion, Fleming's
Steak House, True Food Kitchen, Whole Foods, Lemonade's, Native Foods etc. 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.
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 is within 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.
4. The proposed restaurant is located within an existing restaurant space and tenant
improvements 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.E (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:
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Finding
B. The use is consistent with the General Plan and any applicable specific plan:
Facts in Support of Finding
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 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 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, the on- premise sale of alcohol in conjunction with an eating
and drinking establishment requires a minor use permit.
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. The proposed use is compatible with surrounding permitted
commercial uses in the vicinity and there are no sensitive land uses located nearby.
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2. 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 employees who have completed a certified training program
pursuant to Condition of Approval No. 12.
3. The restaurant will not be open late hours (past 11:00 p.m.) which will ensure that it does
not operate as a bar, lounge or nightclub.
Finding
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities:
Facts in Support of Finding
1. The 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 existing tenant space is 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 Finding
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.
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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.
4. The existing space was previously occupied by a restaurant use and therefore is
designed with a grease interceptor. The proposed restaurant will 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.
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 -013 (PA2013 -148), 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 26th DAY OF SEPTEMBER, 2013.
En
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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 closing hour of operation shall be limited to 11:00 p.m., daily. Any change to a
later closing time shall require an Operator's License from the Police Department and
an amendment to this Use Permit.
4. There shall be no live entertainment allowed on the premises without first obtaining a
Live Entertainment Permit from the City.
5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code, 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.
6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
7. 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.
8. 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.
9. There shall be no dancing allowed on the premises unless permitted by a Special Events
permit.
10. 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
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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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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).
17. 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.
18. Storage outside of the building shall be prohibited, with the exception of the required
trash container enclosure.
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19. 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.
20. 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.
21. 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.
22. 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.
23. 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
Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
24. 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.
25. 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.
26. This Minor Use Permit shall expire unless exercised within twenty -four months from
the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal
Code.
27. 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 Blue C Sushi Minor Use Permit including, but not
limited to, the Minor Use Permit No. UP2013 -013. 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
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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
28. 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.
29. The tenant improvement for the restaurant shall comply with all plan check comments for
Plan Check 1549 -2013.
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Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Minor Use Permit No. UP2013 -013
PA2013 -148
1095 Newport Center Drive
20
Attachment No. ZA 3
Police Department Reporting Districts
21
22
23
ru'
Attachment No. ZA 4
Alcohol Related Statistics
25
20
O
Chief lay R. Johnson
1095 Newport
Center Dr
Subject RD:
RD39
Adjacent RD:
RD43
Adjacent RD:
RD44
Adjacent RD:
Newport Beach
California
National
NEWPORT BEACH POLICE DEPARTMENT
Cr6m,e,Ancaysik Unit
870 Santa Barbara Drive - Newport Beach - CA 92660 - 949.644.3791
CRIME AND ALCOHOL - RELATED STATISTICS - 2013 YTD
0
0
0
not applicable
39
0
0
0
4,731
106
141
4,992.93
103
16
14
0
394
217
not available
44,536
836
not available
not applicable
531
13
19
676.38
23
2
0
4,237
94
128
1,467.15
100
20
23
0
629
12
20
352.42
11
0
64,672
1,625
2,382
1,903.35
2,265
.329
430
7
not available
1,128,845
not available
2,994.92
1,183,470
'104';345
99,017
15,904
not available
10,266,737
not available
3,294.93
12,408,899
1,215,077
534,218
500,648
Summary
for Blue C Sushi at 1095 Newport Center Dr IRD391
YTD 2013, RD39 had a total of 247 reported crimes, compared to a city -wide reporting district average of 105 reported crimes.
This reporting district is 142 crimes, or 135 %, OVER the city -wide average.
The number of active ABC licenses in this RD is 39, which equals a per capita ratio of one license for every 54 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.
Notes:
Part/ Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report -Homicide, Rape, Robbery, Aggravated Assault Burglary, Larceny -Theft Auto Theft and Arson.
This report reflects City of Newport Beach data for calendar year 2013 YTD, through September 2.
California and National figures are based on the 1011 Uniform Crime 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 NBPD as of the date of this document. 9/5/2013
27
1
not applicable
5
39
54
4
5
384
71
26
246
1
3
1,135
709
394
217
not available
44,536
836
not available
not applicable
not applicable
YTD 2013, RD39 had a total of 247 reported crimes, compared to a city -wide reporting district average of 105 reported crimes.
This reporting district is 142 crimes, or 135 %, OVER the city -wide average.
The number of active ABC licenses in this RD is 39, which equals a per capita ratio of one license for every 54 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.
Notes:
Part/ Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report -Homicide, Rape, Robbery, Aggravated Assault Burglary, Larceny -Theft Auto Theft and Arson.
This report reflects City of Newport Beach data for calendar year 2013 YTD, through September 2.
California and National figures are based on the 1011 Uniform Crime 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 NBPD as of the date of this document. 9/5/2013
27
Additional Information
dolume C6ML�Aal Calls for Service
RD39 95 Newport Center Dr
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2 u
Attachment No. ZA 5
Police Department Recommendation
29
City of Newport Beach
Police Department
Memorandum
August 21, 2013
TO: Melinda Whelan, Assistant Planner
FROM: Detective John Thulin
SUBJECT: Blue C Sushi, 1095 Newport Center Drive,
Use Permit No. UP2013 -0103 (PA2013 -148).
At your request, the Police Department has reviewed the project application for
Blue C Sushi, located at 1095 Newport Center Drive, Newport Beach. The
applicant is requesting a minor use permit for an ABC Type 47 License (On Sale
General — Eating Place) for a full service sushi restaurant. No late hours are
proposed. The requested hours of operation are from 10:00 a.m. to 10:00 p.m.
daily.
Applicant History
Blue C Sushi is a new restaurant to the City of Newport Beach however, the
company has six locations in the state of Washington and four new locations
planned for southern California and northern California.
Recommendations
The Police Department has no objection to the operation as described by the
applicant.
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 will continue to be 10:00 a.m. to 10:00 p.m.,
daily.
Security
The Police Department has no recommendations.
30
Blue C Sushi
UP2013 -0103
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 appropriate for the Conditional Use Permit for the business:
1. Approval does not permit Blue C Sushi to operate as a bar, tavern,
cocktail lounge or nightclub as defined by the Municipal Code, unless
the Planning Commission first approves a use permit.
2. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. No "happy hour" type of reduced price alcoholic beverage promotion
shall be allowed except when offered in conjunction with food ordered
from the full service menu. There shall be no reduced price alcoholic
beverage promotions after 9:00 p.m.
5. 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. 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.
2
31
Blue C Sushi
UP2013 -0103
These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on
demand.
7. 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.
8. There shall be no live entertainment allowed on the premises.
9. There shall be no dancing allowed on the premises.
10. Strict adherence to maximum occupancy limits is required.
11. No games or contests requiring or involving the consumption of
alcoholic beverages shall be permitted.
If you have any questions, please contact Detective John Thulin at (949) 644-
3709.
YJhn Thu lin� ice /Intelligence
tive Division
Dale Johns n, Captain
Detective Division Commander
3
32
Attachment No. ZA 6
Project Plans
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