HomeMy WebLinkAbout04 - Amendment to Xanadu Cafe Minor Use Permit - PA2016-174 U ? COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915
�ogL�FoaN�P: 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 21, 2016
Agenda Item No. 4
SUBJECT: Amendment to Xanadu Caf6 Minor Use Permit (PA2016-174)
100 West Coast Highway, Unit 104
• Minor Use Permit No. UP2016-042
APPLICANT: Xanadu Caf6
OWNER: VBAS Properties
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: CG (Commercial Genera)
• General Plan: CG (General Commercial)
PROJECT SUMMARY
Request to amend an existing minor use permit to add a Type 41 On-Sale Beer and
Wine Alcoholic Beverage Control License to an existing caf6. No change to floor area,
hours of operation, or seating is proposed with the amendment. The allowed hours of
operation are proposed to remain from 6:00 a.m. to 10:00 p.m., daily.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2016-042 (Attachment No. ZA 1).
DISCUSSION
• The site is located in the Commercial General (CG) Zoning District which is
intended to provide for a wide variety of commercial uses. Eating and drinking
establishments are permitted uses subject to the approval of a use permit.
1
Xanadu Caf6 Minor Use Permit Amendment
Zoning Administrator, November 21, 2016
Page 2
• The caf6 operates pursuant to Use Permit No. UP2015-007 originally approved by
the Zoning Administrator on March 26, 2015, which allowed the food service, eating
and drinking establishment within the newly constructed Mariners Pointe shopping
center. The existing establishment includes 16 seats within a 484-square foot
interior dining area and 12 seats within a 121-square foot outdoor dining area. The
existing Use Permit does not permit alcohol sales so an amendment to the Use
Permit is required to add the Type 41 ABC license.
• The use will remain an eating and drinking establishment and the change to add
the ABC license will not alter or intensify the existing use. The hours of operation
will remain the same with a closing hour of 10:00 p.m., daily.
• The floor plan of Xanadu Caf6 includes a dining room with tables and chairs with
no separate bar area or counter. There will be no change to the floor plan
including the existing interior and exterior net public area or the seating.
• 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
eating and drinking establishment does not become a bar or tavern. The
establishment is required to comply with the requirements of the Alcoholic
Beverage Control Department to ensure the safety and welfare of customers and
employees of the establishment. The project has been conditioned so that no
dancing or live entertainment will be permitted on the premises.
• As conditioned, the owners, managers, and employees selling alcohol are
required to undergo and successfully complete a certified training program in
responsible methods and skills for selling alcohol.
• Minor Use Permit No. UP2015-007, remains in effect for the operation of the caf6.
This Amendment allows the addition of the alcohol license to the existing Minor
Use Permit and the conditions included in the draft resolution found in
Attachment No. ZA 1 are pertaining to the alcohol license and are in addition to
the existing conditions found in Use Permit No. UP2015-007.
ENVIRONMENTAL REVIEW
The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 under Class 1 (Existing Facilities) of the Guidelines of the California
Environmental Quality Act. The Class 1 exemption includes the ongoing use of existing
buildings where there is negligible or no expansion of use. The proposed project
involves the addition of the Type 41 ABC License to the existing eating and drinking
establishment with no other alterations or changes.
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Xanadu Caf6 Minor Use Permit Amendment
Zoning Administrator, November 21, 2016
Page 3
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 or call for review 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:
Melinda Whelan
Assistant Planner
GBR/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 PD Memo and Stats
ZA 4 Project Plans
TmpIt:05-05-16
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-042 FOR AN AMENDMENT TO AN EXISTING
MINOR USE PERMIT TO ADD A TYPE 41 ALCOHOL
BEVERAGE CONTROL LICENSE TO AN EXISTING EATING
AND DRINKING ESTABLISHMENT LOCATED AT 100 W COAST
HIGHWAY, UNIT 104 (PA2016-174).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Xanadu Bakery Newport Beach LLC., with respect to property
located at 100 W. Coast Highway, and legally described as PCL 1, Parcel Map 2010-133
requesting approval of an amendment to a Minor Use Permit.
2. The applicant proposes to amend previously approved Use Permit No. UP2015-007 to
add a Type 41 Alcohol Beverage Control (ABC) license at an existing eating and drinking
establishment (Xanadu Caf6). No other changes to the existing operation are proposed.
3. The subject property located within the Commercial General (CG) Zoning District and the
General Plan Land Use Element category is General Commercial (CG).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 21, 2016, 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 . The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 under Class 1 (Existing Facilities) of the Guidelines of the California
Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves the addition of the
Type 41 ABC License to the existing eating and drinking establishment with no other
alterations or changes.
3. A Mitigated Negative Declaration (SCH No. No. 2011041038) was prepared for the
development of the shopping center in accordance with the implementing guidelines of
5
Zoning Administrator Resolution No. ZA2016-###
Page 2 of 9
the California Environmental Quality Act (CEQA) and approved by the City Council on
August 9, 2011.
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.
1. The subject property is located in Reporting District 26 (RD 26). 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 26 is higher than adjacent Reporting District 25 and
the City overall.
2. The Part 1 Crime related to the property was for burglary in an adjacent suite. The Part
II Crime was related to one arrest in the parking structure of a transient. None of the
crimes or calls for service were due to the business practice of the applicant or related
to alcohol.
3. The Police Department has reviewed the proposal, provided operating conditions of
approval, and has no objection to the addition of the alcoholic beverage license. The
operation of the establishment includes the approved floor plan with no separate bar
counter or area and a closing hour of 10:00 p.m.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. The total number of alcohol-related calls for service, crimes, or arrests in RD 26 is
higher than RD 41 but lower than adjacent Reporting Districts 25, 28 and the City
overall. RD 41 is expected to be lower which a greater number of residential
properties compared to commercial properties. The Police Department has reviewed
the proposal and has no objection.
05-26-2016
Zoning Administrator Resolution No. ZA20164t##
Page 3 of 9
2. Year to date, ten calls for service representing less than one percent of all calls for
service in the Reporting District have been reported at the subject property. All of the
calls for service are not specifically related to the existing cafe or alcohol.
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. The eating and drinking establishment is developed within Mariners Pointe Shopping
Center along West Coast Highway which is consistent with the General Plan
designation, Commercial General. The shopping center consists of retail, service, and
eating and drinking establishment uses. The property is not located within close
proximity to any day care centers, hospitals, park and recreation facilities, places of
worship, schools, or similar uses that attract minors. The nature of the Commercial
area along Coast Highway is to provide goods and services including eating and
drinking establishments designed to foster visitor and resident activity from travelers
down Coast Highway and residents nearby. The nearest residential uses are behind
the shopping center site along Kings Road and across Coast Highway in the gated
community of Bay Shores. Eating and drinking establishments with incidental alcohol
service are common in the General Commercial area on Coast Highway and the
proposed change in Alcoholic Beverage Control license type is not anticipated to alter
the operational characteristics of the use such that it becomes detrimental to the area.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. Currently there are no other establishments that sell alcohol within the shopping
center. The closest establishment is Pizzeria Mozza at 800 West Coast Highway
which is a full service restaurant. There is no evidence suggesting this use has been
detrimental to surrounding properties or the neighborhood.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. An eating and drinking establishment has operated at the subject property since 2015
with no operating issues or complaints.
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 establishment. 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.
05-26-2016
Zoning Administrator Resolution No. ZA20164t##
Page 4 of 9
3. The existing hours of operation of the establishment will minimize the potential effects
on land use. The establishment closes by 10:00 p.m., daily, which will ensure the use
does not become a late night bar, tavern, or nightclub.
4. The establishment is located within an existing shopping center which is developed
with other commercial uses. Adding the alcohol beverage control license will not alter
the existing operation, but will complement the food service and provide a
convenience to 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 such
findings 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 General Plan designates the site as General Commercial (GC) which is intended
to provide a variety of commercial uses.
2. The existing eating and drinking establishment is located within the commercial area
along West Coast Highway which provides goods and services to visitors and
residents alike, consistent with the CG land use designation.
3. The subject property is not a 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:
1. The site is located in Commercial General (CG) Zoning District which was intended to
provide commercial uses. Eating and drinking establishments are permitted uses
subject to the approval of a use permit.
2. The existing eating and drinking establishment operates pursuant to Use Permit
No. UP2015-007 which allowed the existing cafe with interior and exterior seating, and
hours of operation from 6:00 a.m. to 10:00 p.m. daily.
3. The use will remain an eating and drinking establishment and the addition of the alcohol
beverage control license will not alter or intensify the existing use. Further, there will be
no change to the floor area including the existing net public area and seats or the hours
of operation.
05-26-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 5 of 9
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 addition of the alcohol license does not change the operating characteristics of the
existing eating and drinking establishment.
2. The eating and drinking establishment will remain complimentary to the other uses in
the Mariner's Pointe shopping center, which will include retail stores, food services,
and other commercial uses. It continues to contribute to making the shopping center a
viable commercial node for the neighborhood and visitors.
3. The eating and drinking establishment will continue to provide a convenience for
residents of the neighborhood and visitors to the area with adequate parking within
the parking structure on-site.
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 existing eating and drinking establishment within the shopping center has proven
to be physically suitable in terms of design, location, shape, and size to support the
use. The physical characteristics of the site are not changing with the addition of the
alcohol license.
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:
05-26-2016
9
Zoning Administrator Resolution No. ZA2016-###
Page 6 of 9
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 eating and drinking establishment will continue to service the neighborhood by
providing dining services as a public convenience to the surrounding residential
neighborhood as well as visitors which is the intent of the Commercial Corridor area.
The service of alcohol will continue to 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.
3. As conditioned, the owners, managers and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-042, 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 following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20
Planning and Zoning, of the Newport Beach Municipal Code.
3. Minor Use Permit No. UP2015-007 remains in effect for the operation of the cafe.
PASSED, APPROVED, AND ADOPTED THIS 21St DAY OF NOVEMBER, 2016.
Patrick J. Alford, Zoning Administrator
05-26-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 7 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1 . The development shall be in substantial conformance with the approved site plan, floor
plans including seating plan, and building elevations stamped and dated with the date of
this approval.
2. In addition to this Resolution, Zoning Administrator Resolution No. ZA2015-015 and
Conditions of Approval from the existing Use Permit No. UP2015-007 remain in effect
for the operation of the cafe.
3. Use Permit No. UP2016-042 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54.060 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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 use
permit.
6. 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.
7. 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 Xanadu Cafe Minor Use Permit
including, but not limited to, Minor Use Permit No. UP2016-042 (PA2016-174). 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.
05-26-2016
11
Zoning Administrator Resolution No. ZA2016-###
Page 8 of 9
Police Department
8. 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.
9. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
10. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
11. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
12. 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.
13. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
14. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
15. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The license 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.
16. 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.
17. Strict adherence to maximum occupancy limit is required.
05-26-2016
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Zoning Administrator Resolution No. ZA20164t##
Page 9 of 9
18. 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.
19. "VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
20. The outdoor dining patio shall be separated from the commercial corridor with a solid
decorative barrier (subject to ADA compliance) at least 26 inches high placed around
the perimeter of the consumption area.
21. The applicant shall post and maintain professional quality signs measuring 12 inches by
12 inches with lettering no smaller than 2 inches in height that read, "No alcoholic
Beverages Beyond This Point' at all premise exits.
05-26-2016
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
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Minor Use Permit No. UP2016-042
PA2016-174
100 West Coast Highway, Unit 104
2�
Attachment No. ZA 3
PD Memo and Stats
1(
CNEWPORT BEACH POLICE DEPARTMENT
eeicH,. DETECTIVE DIVISION
43 `�
MEMORANDUM
TO: Melinda Whelan, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: November 2, 2016
SUBJECT: Xanadu Cafe
100 West Coast Highway, Suite 104
Use Permit No. 2016-042 (PA2016-174)
At your request, the Police Department has reviewed the project application for Xanadu Cafe at
100 West Coast Highway, Suite 104, Newport Beach. Per the project description, the applicant
is seeking a Minor Use Permit to allow a food service restaurant with late hours, and a Type 41
(On Sale Beer and Wine) Alcoholic Beverage Control License. The proposed hours of
operation are 6:00 a.m. through 10:00 p.m., daily.
Statistical Data and Public Convenience or Necessity
Business and Professions Code §23958.4 finds "undue concentration" for an applicant
premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as
compared to the city wide average, and an over saturation of alcohol licenses in a census tract
compared to the county. When undue concentration is found to exist, a judgment on Public
Convenience or Necessity (PCN) is required. However, there is no definitive or uniform
guideline defining the application of PCN. While the final determination of PCN for a Type 41
license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local
authorities to address PCN in the Conditional Use Permit (CUP) process.
Crime Statistics
Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst
Caroline Staub, which provides detailed statistical information related to calls for service in and
around the applicant's current place of business at 100 West Coast Highway, Suite 104.
The Police Department divides the City into areas referred to as Reporting Districts. This
allows the Police Department to create statistical data, as well as better communicate officer
locations while policing. The proposed applicant location is within Reporting District (RD) 26
which included Mariner's Mile. This RD is a high crime area which is 44% over the city-wide
17
Xanadu
UP2016-042
crime average. Of Newport Beach's 38 reporting districts, RD 26 ranks 10th in crime. This
location meets the legal criteria for undue concentration as it relates to crime (B&P§23958.4).
• In 2015, RD 26 had a total of 234 reported crimes
• In 2015, RD 26 was 44% over the city-wide average of reported crime
• In 2015, RD 26 had 124 arrests; 33% were directly related to alcohol
Alcohol License Statistics
Per the Business and Professions code, while crime data is analyzed using local law
enforcement reporting districts, alcohol license information must be analyzed using census
tracts. The applicant premise is located within census tract 0634.00. This census tract has an
approximate population of 4,111 residents with 26 on-sale retail licenses. That is a per capita
ratio of 1 on-sale license for every 158 residents. Per the Business and Professions code, we
compare this census tract's on-sale per capita ratio to Orange County's on-sale per capita ratio
of 1 license for every 505 residents and find that Census Tract 0634.00 is indeed oversaturated
by legal definition. This location meets the legal criteria for undue concentration as it relates to
oversaturation. (B&P§23958.4).
If we analyze the applicant premise by NBPD Reporting District we achieve a similar result:
• RD 26 has 6 licensed ABC establishments and 6 licensed boats
• RD 26's total per capita ratio of all retail licenses is 1 license for every 130 residents
• RD 26 is oversaturated
Discussion and Recommendations
The above statistical information is provided for educational reference and perspective as this
applicant location will require a new land use for alcohol. The Police Department has no
objection to this project if the conditions listed below are imposed.
RECOMMENDED CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for the
business:
1. The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m., daily.
2. 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.
2
12
Xanadu
UP2016-042
3. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
4. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
5. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
6. 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.
7. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
8. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
9. 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.
10. 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.
11. Strict adherence to maximum occupancy limit is required.
12. 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.
13. "VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale
of drinks is prohibited (excluding charges for prix fixe meals).
3
19
Xanadu
UP2016-042
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
Wen y Joe
Police Civi ian Investigator, Special Investigations Unit
Vol
Jay Short
Lieutenant, Detective Division
4
20
NEWPORT BEACH POLICE DEPARTMENT
>a �P
Cri+n&AYla7,ybVb'I.ZVI,T u i
Chief)on T.Lewis 870 Santa Barbara Drive•Newport Beach •CA 92660•949.6443791
2015 CRIME AND ALCOHOL-RELATED STATISTICS
Subject:
100 Coa -
#104 1 1 not applicable 1 0 0 0 0 0 not applicable
Subject RD:
RD26 3,682 90 144 4,322.77 124 27 14 0 14 16 130
Adjacent RD:
RD25 3,961 97 146 3,453.19 127 27 19 2 10 36 78
Adjacent RD:
RD28 5,067 163 258 5,138.71 218 12 19 0 43 6 529
Adjacent RD:
RD41 2,380 72 110 4,324.32 18 17 0 7 12 139
Newport Beach 102,056 2,339 3,841 2,739.65 3,523 449 666 28 1,185 438 194
California 1,100,901 notovoilable 2,955.13 =
155,285 89,901 15,673 notavailable 97,653 381
National not ovoilobfe 9,443,212 not available 3,052.79 11,205,833 1,117,852 414,854 321,125 notavailable not applicable not applicable
Summary for Xanadu Cafe at 100 Coast Hwv W#104 (RD26)
In 2015,RD26 had a total of 234 reported crimes,compared to a city-wide reporting district average of 163 reported crimes.
This reporting district is 71 crimes,or 44%,OVER the city-wide average.
The number of active ABC licenses in this RD is 16,which equals a per capita ratio of one license for every 130 residents.
Orange County averages one license for every 505 residents and California averages one license for every 381 residents.
This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses.
Part I Gimes are 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 raw crime data for 2015,through December 31,before unfounded crimes are removed.
California and National crime figures are based on the 2014 Uniform Crime Report which is the most recent edition.
Crime Rote refers to the number of Part I Crimes per 100,000 people.
Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 0110712016.
All Population figures taken from the 2010 US Census. 10/21/2016
21
Additional Information
Highest Volume Crime in i i
Calls for Service
RD26
at 100 Coast Hwy W#104
Burglary/Theft From Auto BURGLARY ALARM AUDIBLE 5
CITIZEN ASSIST 1
Highest Volume Crime in DRIVEWAY BLOCK 1
NON INJURY TRAFFIC COLLISIO1 1
Burglary/Theft From Auto OFFICER FLAGGED DOWN 1
TRESPASS IN PROGRESS 1
Highest Volume Crime in
RD28
Burglary/Theft From Auto
Highest Volume Crime in
RD41
Burglary/Theft From Auto
22
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