HomeMy WebLinkAbout04 - NBAC Cafe MUP - PA2013-149COMMUNITY 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
October 10, 2013
Agenda Item No. 4:
SUBJECT: NBAC Cafe MUP - (PA2013 -149)
1367 Avocado Avenue
Minor Use Permit No. UP2013 -015
APPLICANT: NBAC Cafe, LLC
PLANNER: Jason Van Patten, Planning Technician
(949) 644 -3234, jvanpatten @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: OR (Office Regional Commercial)
• General Plan: CO -R (Regional Commercial Office)
PROJECT SUMMARY
A minor use permit to allow a Type 41 (On -Sale Beer and Wine — Eating Place) Alcohol
Beverage Control (ABC) License for an existing food service use (Newport Beach
Athletic Club Caf6) located within the Newport Beach Athletic Club. No late hours (after
11:00 p.m.) are proposed as part of this application.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2013 -015 (Attachment No. ZA 1).
DISCUSSION
• The existing Newport Beach Athletic Club Caf6 with related outdoor dining patio is
a food service use that was established in conjunction with the original
development of the Newport Beach Athletic Club in 1971.
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9
NBAC Caf6 MUP
Zoning Administrator October 10, 2013
Page 2
• The existing food service use is located on the second floor of the Athletic Club.
Patrons primarily include members of the Athletic Club, but also include members
of the public, including employees of nearby commercial buildings.
• The Athletic Club operates pursuant to Variance No. 982 which permitted the
operation of the health club facility and related lounge (food service use), as well as
a reduction in the required number of spaces from 69 to 52 spaces within the
common area parking lot. Further, after 5:00 p.m. on weekdays, and all day on
weekends, additional parking is available within the parking lot when the
surrounding office development is closed.
• The applicant proposes the addition of on -sale beer and wine sales to
complement the existing food service. Hours of operation are between 8:30 a.m.
and 9:00 p.m., Monday through Thursday, 8:30 a.m. and 8:00 p.m., Friday, 8:30
a.m. to 6:00 p.m., Saturday, and closed on Sundays. These hours are consistent
with the hours of the Athletic Club except that the health club is open on
Sundays, and as early as 5:00 a.m. during the week.
• Pursuant to Municipal Code Section 20.48.090.F.2 (Eating and Drinking
Establishments — Permit Requirements — Existing Establishments), a minor use
permit is required when there is an application for a retail liquor license from the
Department of Alcoholic Beverage Control with no late hours.
• No change in floor area or net public area is proposed as part of this application,
and therefore, the addition of alcohol service to the existing food service does not
necessitate additional parking.
• The existing food service has operated at the subject location since 1971 and the
use has not proven detrimental to the area.
• The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol related impacts. The project has been
conditioned to ensure the welfare of the surrounding community. Further, the
existing hours of operation of the Athletic Club will minimize the potential effects
on land use. The Athletic Club closes by 9:00 p.m., daily, which will ensure the
food service does not become a late night bar, tavern, or nightclub.
• The subject property is located within Reporting District No. 39 (RD 39) and
generally, crime statistics are higher in this district than adjacent districts due to a
higher concentration of commercial uses within the North Newport Center. The
Newport Beach Police Department is aware of this and does not object to the
approval of the request. The alcohol related statistics for RD 39 are incorporated
into the factors for consideration in the draft resolution (Attachment No. ZA 1).
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NBAC Caf6 MUP
Zoning Administrator October 10, 2013
Page 3
Alcohol related statistics, and a memorandum, which includes the review by the
Police Department, are provided for reference (Attachment Nos. ZA 4 and ZA 5).
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities).
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the addition of beer and wine sales to an existing
food service use. Therefore, the use qualifies 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 before the scheduled hearing, 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 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by:
Jas Van Patten
Planning Technician
JM /jvp
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
ZA 6
ZA 7
Draft Resolution
Vicinity Map
Police Department Reporting Districts
Crime and Alcohol Related Statistics
Police Department Memorandum
Site Photographs
Project Plans
0
Attachment No. ZA 1
Draft Resolution
5
w
RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -015 TO ADD ON -SALE BEER AND WINE TO AN
EXISTING FOOD SERVICE USE LOCATED AT 1367 AVOCADO
AVENUE (PA2013 -149)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by NBAC Caf6, LLC, with respect to property located at
1367 Avocado Avenue and legally described as Parcel 5, as shown on a map filed in
Book 25, Page 1 of Parcel Maps, in the Office of the County Recorder of Orange County,
California requesting approval of a minor use permit.
2. The applicant proposes on -sale beer and wine sales in conjunction with an existing
food service operation (Newport Beach Athletic Club Cafe). This request includes the
establishment of a Type 41 (On Sale Beer and Wine — Eating Place) Alcoholic Beverage
Control (ABC) license.
3. The subject property is located within the Office Regional Commercial (OR) Zoning
District and the General Plan Land Use Element category is Regional Commercial Office
(CO -R).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on October 10, 2013, in the Corona del Mar Conference Room
(Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. 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 Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the addition of beer and wine sales to an
existing food service use. Therefore, the use qualifies for a categorical exemption
under Class 1.
Zoning Administrator Resolution No. ZA2013 -0##
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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 such findings 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 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.
i -1. The subject property is located in Reporting District 39 (RD 39). The Part One Crimes
(Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime
Report — homicide, rape, robbery, aggravated assault, burglary, larceny- theft, auto
theft, and arson) crime rate in RD 39 is higher than in the adjacent reporting districts
(RD 43, 44, and 47) and City overall. Although the crime rate is higher than the City
average, the Police Department has reviewed the proposal, provided operating
conditions of approval, and has no objection to the alcoholic beverage license type
proposed.
ii. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
ii -1. The total number of alcohol - related calls for service, crimes, or arrests in RD 39 is
higher than in the adjacent reporting districts (RD 43, 44, 47) but less than the City
overall. The Police Department has reviewed the proposal and has no objection.
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.
iii -1. The General Plan designates the site as Regional Commercial Office. Surrounding
properties to the north, east, and west are currently developed with commercial
buildings. The nearest recreational facility, Civic Center Park, is located approximately
100 feet to the east of the subject property. The property site is located approximately
1,200 feet from the Newport Beach Public Library and is not near a school, church, or
similar use. The existing food service use has operated within the Newport Beach
Athletic Club since 1971, and the proposed addition of an ABC license is not
anticipated to alter the operational characteristics of the use such that it becomes
detrimental to the area.
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Zoning Administrator Resolution No. ZA2013 -0##
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iv. The proximity to other establishments selling alcoholic beverages for either off -site or
on -site consumption.
iv -1. Muldoon's Irish Pub and Restaurant located approximately 830 feet to the northwest is
the only other establishment selling alcoholic beverages within proximity of the subject
site. The restaurant operates with a Type 47 (On -Sale General — Eating Place) and
Type 68 (Portable Bar) license. There is however no evidence suggesting this use has
been detrimental to the neighborhood.
V. Whether or not the proposed amendment will resolve any current objectionable
conditions.
v -1. The property has been used as a health club and a food service use.
v -2. 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 food service use.
Operational conditions of approval recommended by the Police Department relative to
the sale of alcoholic beverages will ensure compatibility with the surrounding uses and
minimize alcohol related impacts.
v -3. The existing hours of operation of the health club will minimize the potential effects on
land use. The health club closes by 9:00 p.m., daily, which will ensure the food service
use does not become a late night bar, tavern, or nightclub.
v -4. The site is located within an area developed with commercial properties. It is
anticipated that the food service use will serve members of the health club and patrons
working nearby, as well as visitors to the Civic Center area. Adding alcohol service to
the menu will complement the food service and provide a convenience to existing
customers.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, the following findings and facts in support of the findings
for are set forth:
Finding:
8. The use is consistent with the General Plan and any applicable specific plan,
Facts in Support of Finding:
B -1. The General Plan designates the site as Regional Commercial Office (CO -R) which is
intended to provide for administrative and professional offices that serve local and
regional markets, with limited accessory retail, financial, service, and entertainment
uses.
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Zoning Administrator Resolution No. ZA2013 -0##
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B -2. The health club and food service use have provided a service to surrounding
commercial buildings since 1971 and is therefore consistent with the CO -R land use
designation.
B -3. The subject property is not part of a specific plan area.
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:
C -1. The site is located in the Office Regional Commercial (OR) Zoning District which is
intended to provide for areas appropriate for corporate offices, administrative and
professional offices that serve local and regional markets, with limited accessory
financial, retail, service, and entertainment uses. The addition of on -sale beer and
wine sales to the existing food service use is allowed subject to the approval of a
minor use permit.
C -2. The Newport Beach Athletic Club operates pursuant to Variance No. 982 which
permitted the operation of the health club facility and related lounge (food service use),
as well as a reduction in the required number of spaces from 69 to 52 spaces within the
common area parking lot. Further, after 5:00 p.m. on weekdays, and all day on
weekends, additional parking is available within the parking lot when the surrounding
office development is closed.
C -3. The principal use of the facility will remain a health club and the on -sale beer and wine
sales will not intensify the existing food service use. Further, there will be no change in
floor area or net public area necessitating additional parking.
C -4. The proposed conditions of approval ensure that potential conflicts with surrounding
land uses are eliminated or minimized to the greatest extent possible.
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:
D -1. The health club and food service use have operated at the subject location since 1971
and the use has not proven detrimental to the area.
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Zoning Administrator Resolution No. ZA2013 -0##
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D -2. The principal use of the facility will remain a health club and the on -sale beer and wine
component as part of the food service use will not change the design, size, or
operating characteristics of the facility.
D -3. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol related impacts. The project has been
conditioned to ensure the welfare of the surrounding community and that the food
service use does not become a bar or tavern. The project has been conditioned so
that no dancing or live entertainment will be permitted on the premises.
Findina:
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:
E -1. The health club and food service use have operated at this location since 1971 and
the site has demonstrated that it is physically suitable in terms of design, location,
shape, and size to support the use.
E -2. Adequate public and emergency vehicle access, public services, and utilities are
provided for on site.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
F -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.
F -2. The food service use will continue to serve health club members, the surrounding
commercial buildings, and provide dining services as a public convenience to the
surrounding neighborhood. The service of alcohol will complement the principal use of
the facility and provide an economic opportunity for the property owner to maintain a
successful business in a way which best serves the community.
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Zoning Administrator Resolution No. ZA2013 -0##
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F -3. There are no residential uses adjacent to the subject property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit UP2013 -015, 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 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER, 2013.
M
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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. This Minor Use Permit may be modified or revoked by the Zoning Administrator if
determined 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.
3. Any change in operational characteristics, proposal of late hours (after 11:00 p.m.),
expansion in floor area, or other modification to the approved plans as they relate to
beer and wine sales, shall require an amendment to this Minor Use Permit or the
processing of a new use permit.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
6. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
7. Alcohol service shall be limited to a Type 41 (On Sale Beer and Wine — Eating Place)
Alcoholic Beverage Control License.
8. This approval does not permit the food service use 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.
i3
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
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
6. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
7. Alcohol service shall be limited to a Type 41 (On Sale Beer and Wine — Eating Place)
Alcoholic Beverage Control License.
8. This approval does not permit the food service use 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.
i3
Zoning Administrator Resolution No. ZA2013 -0##
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9. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
10. Food from the full service menu must be made available during any "happy hour" type
of reduced price alcoholic beverage promotion. There shall be no reduced price
alcoholic beverage promotion after 9:00 p.m.
11. 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.
12. 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.
13. 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.
14. There shall be no live entertainment allowed on the premises.
15. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
16. Food service from the regular menu must be available to patrons up to 30 minutes
before the scheduled closing time.
17. Strict adherence to maximum occupancy limits is required.
18. 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 following the adoption of
this resolution. 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.
19. 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
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Zoning Administrator Resolution No. ZA2013 -0##
Paqe 9 of 9
include any form or contract promoters, or any other activities as specified in the
Newport Beach Municipal Code to require such permits.
20. 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.
21. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
22. 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.
23. 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).
24. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
25. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
26. 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 NBAC Cafe MUP including, but not limited to, the
UP2013 -015 (PA2013 -149). 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.
15
10
Attachment No. ZA 2
Vicinity Map
17
m
Attachment No. ZA 3
Police Department Reporting Districts
19
20
21
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Attachment No. ZA 4
Crime and Alcohol Related Statistics
23
ru'
xr NEWPORT BEACH POLICE DEPARTMENT
Crime Analysi�kUn,t
Chef lay R. Johnson 870 Santa Barbara Drive - Newport Beach - CA 92660 - 949.6443791
CRIME AND ALCOHOL - RELATED STATISTICS - 2013 YTD
Ibject
167 Avocado
1
0
0
Ibject RD:
2,265
2,994.92
1,183,4:
4,731
106
141
)39
ijacent RDA-
13
19
)43
ijacent RD:
4,237
94
128
)44
ijacent RD:
12
20
)47
awport Beach
64,672
1,625
2,382
ilifornia
1,128,845
notavoilable
itional
not available
10,266,737
not available
not applicable
4,992.93 103 16 14 0
676.38
1,467.15
100
352.42
11
1,903.35
2,265
2,994.92
1,183,4:
20 23
329 430
3,294.93 12,408,899 1,215,077 534,218
0 1
5 39
4 5
0 71
7 709
26
394
not applicable
54
384
246
All "4451
217
500,648 not available not applicable notapplicable
Summary for NBAC Caf6 at 1367 Avocado (RD39)
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°/x, 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 1 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 Notional figures are based on the 2011 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. 215 9/5/2013
Additional Information
Highest Volume Crime in t
RD39 M a
_T MEDICALAID
Highest Volume Crime in
RD43
.. imp
Highest Volume Crime in
RD47
WIN
Attachment No. ZA 5
Police Department Memorandum
27
City of Newport Beach
Police Department
Memorandum
August 20, 2013
TO: Jason Van Patten, Planning Technician
FROM: Detective Randy Parker
SUBJECT: NBAC Cafe, 1367 Avocado Avenue, Use Permit No. UP2013 -015
At your request, the police department has reviewed the project application for
NBAC Cafe, located at 1367 Avocado Avenue, Newport Beach. The applicant
requests a minor use permit to establish a Type 41 (On Sale Beer and Wine -
Eating Place) Alcoholic Beverage Control License (ABC) for the Newport Beach
Athletic Club (NBAC). Beer and wine would be available for sale and
consumption within the 640 - square foot cafe and related outdoor patio located on
the second floor of the NBAC. Service would be primarily to members of the
club, however, the cafe is open and accessible to the public. The Club's regular
hours are 5:00 AM to 9:00 PM Monday through Thursday, 5:00 AM to 8:00 PM,
Friday, 6:00 AM to 6:00 PM, Saturday, and 8:00 AM to 2:00 PM, Sunday. The
Cafe's hours are 8:30 AM to 9:00 PM Monday through Thursday, 8:30 AM to
8:00 PM, Friday, 8:30 AM to 3:30 PM, Saturday, and closed on Sunday. Service
of alcohol is proposed to begin at noon daily.
Applicant History
John Bazacas moved to Newport Beach in 1961 and opened the Newport Beach
Athletic Club in 1971. Forty years later the NBAC is still family owned and
operated by the Bazacas and the Burnham families. NBAC Cafe's award
winning Chef Renzo Macchiavello and the NBAC staff take pride in assisting
guests with the planning of their lunch events.
Police Activities and Calls for Service Data
There was no notable police related activity at this location in the past year.
Recommendations
The Police Department has no objections to this operation as proposed 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
22
NBAC Cafe
UP2013 -01 S
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 are from 8:30 AM to 9:00 PM Monday through
Thursday, 8:30 AM to 8:00 PM, Friday, 8:30 AM to 3:30 PM, Saturday, and
closed on Sunday. Service of alcohol is proposed to begin at noon daily.
Security
The police department has no recommendations.
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 the premises to operate as a bar, tavern,
cocktail lounge or nightclub as defined by the Newport Beach Municipal
Code, unless the planning commission first approves a use permit.
2. No alcoholic beverages shall be consumed on any property adjacent the
licensed premises under the control of the licensee.
3. Applicant shall post and maintain a professional quality sign (clearly visible
on outdoor patio gate /barrier) which designates the specific area where
patrons may consume alcoholic beverages. Posted sign shall read:
"NO ALCOHOLIC BEVERAGES MAY BE TAKEN BEYOND THIS
POINT."
2J°
NBAC Cafe
UP2013 -015
4. Food from the full service menu must be made available during any
"happy hour" type of reduced price alcoholic beverage promotion. There
shall be no reduced price alcoholic beverage promotion after 9 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. 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. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted.
11. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
12. Strict adherence to maximum occupancy limits is required.
Alcoholic Beverage Control License
Upon approval of the CUP, the ABC license will be conditioned as necessary to
maintain the health, safety and welfare of the community.
If you have any questions, please contact me at (949) 644 -3706
Detective Randy Parker
ABC LiaisonNice /Intelligence
Dale Johnso Captain
Detective Division Commander
3
30
Attachment No. ZA 6
Site Photographs
31
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Attachment No. ZA 7
Project Plans
33
M,
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FOOD SERVICE / LOUNGE SQFT = 647 `92� SIDEWALK
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LEGAL DESCRIPTION: GRASS PARKWAY
31.17'
THE LAND REFERRED TO HEREIN BELOW IS SITUATED / �o!3 ,
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA
AND IS DESCRIBED AS FOLLOWS: 2$ 3 PARKING DRIVE
PARCEL A:
PARCEL 5, AS SHOWN ON THE MAP FILED IN BOOK 25,
OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY,
PARCEL B:
A NON- EXCLUSIVE EASEMENT FOR VEHICULAR AND
PEDESTRIAN INGRESS AND EGRESS AND PARKING
PURPOSED, OVER PORTION OF PARCEL C, AS SHOWN
ON A MAP FILED IN BOOK 25, PAGE 1 OF PARCEL MAPS
AND OVER PORTIONS OF PARCEL 2, AS SHOWN ON A
MAP FILED IN BOOK 60, PAGE 36 OF PARCEL MAP,
RECORDS OF ORANGE COUNTY
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