HomeMy WebLinkAbout2.0_The Villas at Fashion Island Conditional Use Permit _PA2016-179 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 19, 2017 Meeting
Agenda Item No. 2
SUBJECT: The Villas at Fashion Island Conditional Use Permit (PA2016-179)
4200 San Joaquin Plaza
Conditional Use Permit No. UP2016-045
APPLICANT: Villas at Fashion Island LLC
OWNER: Villas at Fashion Island LLC
PLANNER: Chelsea Crager, Assistant Planner
(949) 644-3227 ccrager@newportbeachca.gov
PROJECT SUMMARY
The project is a conditional use permit for a cafe and a poolside cocktail lounge with a
Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC) license at the Villas
Fashion Island, a residential apartment complex. The cafe is located near the center of the
residential development with proposed hours of operation of 6:00 a.m. to 9:00 p.m., daily.
The cocktail lounge has proposed hours of operation of 7:00 a.m. to 11:00 p.m., daily.
Alcohol service at the pool would be from 12:00 p.m. to 9:00 p.m. Both establishments will
be open to residents and their guests only. Late hours, live entertainment and dancing are
not a part of this application.
This project was continued from the December 8, 2016 Planning Commission meeting at
the request of the applicant and was renoticed for the January 19, 2017 meeting. The
continuance was intended to allow the applicant to modify the project description.
Substantial changes include change in ABC license type from Type 41 (On Sale Beer and
Wine) to Type 57 (Special On Sale General). A Type 57 License authorizes the sale of
alcohol to members (residents) and guests for on-site consumption and offsite sale.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 (New Construction of Small Structures) of the CEQA
Guidelines, because the new structures consist of less than 2,500 square feet; and
3) Adopt Resolution No. _ approving Conditional Use Permit No. UP2016-045
(Attachment No. PC 1).
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LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed Use Hio3rizontal (MU- North Newport Center (PC- Apartment Complex
General Commercial (CG) Commercial General (CG)
NORTH and Single-Unit Residential and Low Medium Density Gas Station and Residential
Attached (RS-A) Residential Are of Big
Canyon (PC-8)
SOUTHI Private Institutions (PI) San Joaquin Plaza (PC-19) Orange County Museum of Art
EAST Mixed Use Hio3rizontal (MU- North Newporrtt)Center (PC- Offices
Newport Beach Police
WEST Public Facilities (PF) Public Facilities(PF) Department, Newport Beach
Fire Department
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INTRODUCTION
Project Setting
The property is located generally southeasterly of the intersection of Jamboree Road
and San Joaquin Hills Road. The subject address is located on a 14.48-acre parcel,
which is under construction to develop a 524-unit apartment complex, Villas Fashion
Island. The first residents are expected to move in on January 28, 2017, and
construction is expected to be completed in June 2017. The residential development will
be a gated community consisting of seven four-story buildings with a two-level parking
structure and will be accessible through a staffed security gate from San Joaquin Hills
Road. To the north, south, and east are commercial uses and to the west are public
uses. Across San Joaquin Hills Road, to the north, are residential units.
Project Description
The cafe is located near the center of the residential development and is adjacent to a
fitness center. It includes 1,150 square feet of interior net public area and a 650-square-
foot outdoor patio. Proposed hours of operation are 6:00 a.m. to 9:00 p.m., daily. The
cafe will offer beer and wine only for consumption on-site, as well as off-site sale.
The poolside cocktail lounge includes 1,300 square feet of interior net public area and a
12,300-square-foot outdoor pool area. The lounge and pool area will be accessible to
residents and their guests only. Proposed hours of operation for the cocktail lounge are
7:00 a.m. to 11:00 p.m., daily. Pool hours will be 5:00 a.m. to 10:00 p.m. with alcohol
service running from 12:00 p.m. to 9:00 p.m. The poolside cocktail lounge will offer
beer, wine, and liquor for on-site consumption, but will not offer off-site sale.
The request is for a Type 57 (Special On Sale General) ABC license for both
establishments. This type of license authorizes the sale of alcohol to members
(residents) and guests for consumption on-site and off-site sale.
DISCUSSION
Analysis
Consistency with the General Plan and Zoning Code
The subject property is located in the North Newport Center Planned Community (PC-
56), Subarea San Joaquin Plaza. Within the San Joaquin Plaza subarea of the North
Newport Planned Community, bars and cocktail lounges and eating and drinking
establishments with service of alcohol require approval of a conditional use permit.
The property is designated Mixed-Use Horizontal (MU-H3) by the General Plan. This
General Plan land use category is intended to provide for a horizontal intermixing of
uses that may include regional commercial office, hotel, multi-family residential, and
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ancillary commercial uses. The proposed caf6 and cocktail lounge are accessory to the
approved multi-family residential development and are therefore consistent with this
designation.
Off-Street Parking
Parking for the apartment complex is provided as a 2-level parking garage constructed
beneath the complex consisting of 1,342 parking spaces. The Code-required parking for
the 524 apartment units is 1,192 parking spaces; there is therefore a 150-space surplus
on-site. In accordance with Section III (Development Standards) of the North Newport
Center Planned Community, accessory, ancillary, and support uses for residential
development are not included in the calculation for required parking and there is no
additional parking required for the caf6 and cocktail lounge.
Police Department Review
The Newport Beach Police Department provided a staff memorandum regarding the
applicant's request (Attachment No. PC 4). The proposed project is located in Police
Reporting District 39 (RD 39), which has a higher crime rate than the citywide average.
However, with the introduction of the 524-unit apartment complex and new residents,
the crime rate and per capita ratio of alcohol licenses is expected to decrease.
Should the Planning Commission approve the applicant's request, the Police
Department has recommended several conditions of approval to regulate and control
potential nuisances that the establishment may create.
Alcoholic Beverage Sales
When reviewing an application to allow an eating or drinking establishment to sell,
serve, or give away alcohol, Section 20.48.090 (Eating and Drinking Establishments) of
the Zoning Code requires the Planning Commission to evaluate the potential impacts
upon adjacent uses (within 100 feet as measured between the nearest lot lines) and to
consider the proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption. The uses adjacent to the site are commercial, public
facilities, and residential. The cafe and cocktail lounge spaces are each surrounded by
residential apartment buildings. The draft resolution includes conditions of approval to
minimize negative impacts that the proposed cafe and cocktail lounge may have to
surrounding uses and to help ensure that the use remains compatible with the
surrounding community.
In order to approve a use permit for alcohol sales, the Planning Commission must also
find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales). In doing so, the following must be considered:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
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b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
c. 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.
d. The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
e. Whether or not the proposed amendment will resolve any current objectionable
conditions.
The establishment is proposed to be located within Reporting District 39. For a map of
Reporting Districts, see Attachment No. PC 5. A memorandum, which includes alcohol
related statistics from 2015, is provided in Attachment No. PC 4. The Police Department
does not oppose the operation as proposed by the applicant, as stated in the
memorandum. A discussion of the factors is provided below:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
Reporting Part One Crimes Part Two Crimes Part One Crimes
District (serious (all other Rate (per 1,000
offenses) offenses) people)
RD 39 204 274 23,803.97
RD 37 59 55 2,487.35
RD 38 18 31 1,145.77
RD 43 30 23 2,944.06
Newport Beach 2,339 3,841 2,739.65
The Part One Crime Rate in Reporting District 39 is higher than the Part One
Crime Rate for the City and adjacent districts. However, with the introduction of
the new residential units the crime rate is expected to decrease. The Police
Department does not object to this project as conditioned.
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
Reporting District Alcohol-Related Total Arrests Calls for Service
Arrests
RD 39 63 254 7,497
RD 37 11 41 1,097
RD 38 12 35 1,191
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RD 43 8 23 936
Newport Beach 1,143 3,523 102,056
RD 39 has a higher number of total arrests, alcohol-related arrests, and calls for
service compared to all adjacent reporting districts. This may be attributed to the
high concentration of commercial uses within North Newport Center.
c. 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.
The project site is located in an apartment complex and is intended to serve
residents and their guests. The complex is surrounded by commercial,
residential, and public institution zoning districts and uses. The restaurant is
separated from the residential uses across San Joaquin Hills Road by the
apartment buildings of the complex. There are no day care centers, hospitals,
park and recreation facilities, places of worship, or similar uses in the immediate
vicinity.
d. The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
Reporting District Active ABC License Per Capita
RD 39 66 13
RD 37 9 264
RD 38 1 1,571
RD 43 3 340
Newport Beach 438 194
The per capita ratio of one license for every 13 residents is higher than all
adjacent reporting districts and the average Citywide ratio. This is due to the
commercial nature of RD-39, which contains all of North Newport Center,
including Fashion Island.
e. Whether or not the proposed amendment will resolve any current objectionable
conditions.
There are no current objectionable conditions caused by the sale of alcohol at
the project site. 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 residents of
the apartment complex and their guests. Operational conditions of approval
Villas Fashion Island Conditional Use Permit (PA2016-179)
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relative to the sale of alcoholic beverages will help ensure compatibility with the
surrounding uses and minimize alcohol related impacts.
Conditional Use Permit Findings
In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must
make the following finding for approval of a new alcoholic beverage license:
1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales) of the Zoning Code.
The draft resolution includes conditions of approval to help prevent alcohol-related
problems and minimize the potential effects on neighboring residents to preserve the
health and safety of residents and other businesses in the neighborhood.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use
Permits), the Planning Commission must also make the following findings for approval
of a conditional use permit:
1. The use is consistent with the General Plan and any applicable Specific Plan;
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of the Zoning Code and Municipal Code;
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
4. 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; and
5. 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, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Staff believes that sufficient facts exist in support of each finding. The cafe and poolside
cocktail lounge are consistent with the Mixed Use Horizontal (MU-H3) General Plan
Land Use Designation and San Joaquin Plaza Subarea of the North Newport Center
Planned Community in that it will provide a service accessory to the new luxury
apartment complex. The cafe and cocktail lounge are separated from nearby uses by
the apartment buildings of the complex, are accessible only through the security gate on
San Joaquin Hills Road, and will serve residents of the development and their guests.
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Alternatives
1. The Planning Commission may suggest specific project modifications or
operational changes that are necessary to alleviate concerns. If the changes are
substantial, the item should be continued to a future meeting to allow redesign of
the project.
2. If the Planning Commission believes that there are insufficient facts to support
the findings for approval, the Planning Commission should deny the application
request (Attachment No. PC 2).
Environmental Review
The project qualifies for a Class 3 (New Construction of Small Structures) categorical
exemption, per Section 15303 of the California Environmental Quality Act (CEQA)
Guidelines. The new structures will consist of less than 2,500 square feet.
If denied, projects which a public agency rejects or disapproves are not subject to the
California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the
CEQA guidelines.
Public Notice
Notice of this hearing 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 meeting, 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.
Prepared by: Submitted by:
04v- �W4--t kC3�4-�
Chelsea Crager, Assistant Planner *rn isnes i,r
ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Project Description
PC 4 Police Department Memorandum
PC 5 Reporting District Map
PC 6 Project Plans
11/18116
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2016-045 FOR THE
ESTABLISHMENT OF A CAFE AND A COCKTAIL LOUNGE
WITH A TYPE 57 ALCOHOLIC BEVERAGE CONTROL
LICENSE, LOCATED AT 4200 SAN JOAQUIN PLAZA (PA2016-
179)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Villas at Fashion Island LLC, with respect to property located
at 4200 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-
105, requesting approval of a conditional use permit.
2. The applicant proposes a conditional use permit for a cafe and a poolside cocktail
lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC)
license at the Villas Fashion Island, a residential apartment complex. The cafe is located
near the center of the residential development with proposed hours of operation of 6:00
a.m. to 9:00 p.m., daily. The cocktail lounge has proposed hours of operation of 7:00 a.m.
to 11:00 p.m., daily. Alcohol service at the pool would be from 12:00 p.m. to 9:00 p.m.
Both establishments will be open to residents and their guests only. Late hours, live
entertainment and dancing are not a part of this application.
3. The subject property is located within the North Newport Center (PC-56) Zoning District
and the General Plan Land Use Element category is Mixed Use Horizontal (MU-1-13).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on January 19, 2017, in the Council Chambers located at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public
hearing was given in accordance with the Newport Beach Municipal Code (NBMC).
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA)) under Class 3 (New
Construction of Small Structures) of the Guidelines for CEQA.
2. The Class 3 exemption authorizes a restaurant or similar commercial structure not
involving significant amounts of hazardous substances and not exceeding 2,500
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square feet in floor area. The proposed cafe and cocktail lounge will consist of less
than 2,500 square feet.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use
Permits — Findings and Decision) and NBMC Section 20.48.030 (Alcohol Sales), 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(0)(3) (Alcohol
Sales).
Facts in Support of Finding:
1. The following criteria has been considered:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
i. The Part One Crimes Rate in Reporting District 39 (RD 39) is higher than
the Part One Crimes Rate for the City and adjacent districts due to the
high concentration of commercial land uses. However, with the
introduction of the new residential units the crime rate is expected to
decrease. The Police Department does not object to this project as
conditioned.
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
i. Due to the high concentration of commercial land uses, the calls for
service and number of arrests are greater than adjacent Reporting
Districts. The Police Department does not consider the rate high
because of the concentration of restaurants and commercial uses within
Fashion Island and the surrounding North Newport Center. The Newport
Beach Police Department has not previously reported any calls for
service to the subject property since the proposed use is part of a new
development project.
c. 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.
i. The project site is located in an apartment complex and is intended to
serve residents and their guests. The complex is surrounded by
commercial and public institution zoning districts and uses. The
apartment complex is separated from the nearby residential zoning
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district by San Joaquin Hills Road. There are no day care centers,
hospitals, park and recreation facilities, places of worship, or similar uses
in the immediate vicinity.
d. The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
i. The per capita ratio of one license for every 13 residents is higher than
all adjacent reporting districts and the average Citywide ratio. This is due
to the commercial nature of RD-39, which contains all of North Newport
Center, including Fashion Island.
e. Whether or not the proposed amendment will resolve any current objectionable
conditions.
i. The project has been reviewed and conditioned to ensure that the
purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is
maintained and that a healthy environment for residents and businesses
is preserved. The service of alcohol is intended for the convenience of
residents of the apartment complex and their guests. Operational
conditions of approval relative to the sale of alcoholic beverages will help
ensure compatibility with the surrounding uses and minimize alcohol
related impacts.
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use designation for the subject property is Mixed-Use
Horizontal (MU-113), which is intended to provide for a horizontal intermixing of uses
that may include regional commercial office, hotel, multi-family residential, and
ancillary commercial uses. The proposed cafe and cocktail lounge are accessory to
the approved multi-family residential development and are therefore consistent with
this designation.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The project is located in the San Joaquin Plaza Subarea of the North Newport Center
Planned Community (PC-56). The cafe and cocktail lounge with alcoholic beverage
sales is a commercial use that will serve the residents and guests of the Villas Fashion
Island apartment complex only. The uses are a support use for the approved new
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residential development and are therefore consistent with the purposes of the North
Newport Center Planned Community San Joaquin Plaza Subarea.
2. The residential development was constructed with a surplus of 150 parking spaces.
The cafe and cocktail lounge are support uses to the residential project. Support
commercial uses are not included in the calculation for required parking and there is
no additional parking required.
3. Eating and drinking establishments are permitted uses within the San Joaquin
Subarea of the North Newport Center Planned Community, and as a support use of
the residential development, are not counted toward the square footage development
limits of the subarea. The sale of alcohol requires approval of a conditional use permit.
4. Bars and cocktail lounges are permitted with approval of a conditional use permit
within the San Joaquin Subarea of the North Newport Planned Community. As a
support use of the residential development, they are not counted toward the square
footage development limits of the subarea.
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 operational conditions of approval recommended by the Newport Beach Police
Department relative to the sale of alcoholic beverages will help 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 eating and drinking establishment does not become a bar or tavern. The
establishments are 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, and so that the establishments will
only serve residents and guests of the apartment complex.
2. The conditions of approval reflected in Exhibit "A" of this resolution ensure that
potential conflicts with surrounding land uses are eliminated or minimized to the
greatest extent possible. Although the cafe and cocktail lounge are surrounded by
multi-family residential units, they are intended to be support uses for the development
and will not operate with late hours.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
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Facts in Support of Finding:
1. The Villas Fashion Island residential development project provides adequate parking
and circulation within the parking structure on-site. Primary vehicular access is through
a staffed security gate from San Joaquin Hills Road.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property.
3. Improvements to the project site will comply with all Building, Public Works, and Fire
Codes. All ordinances of the City and 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, 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:
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 sidewalks and areas surrounding
the subject property and adjacent properties during business hours, if directly related
to the patrons of the establishment.
2. The cafe and cocktail lounge will be a support use to the multi-family residential
development, Villas Fashion Island. Both establishments will only be available to
residents of the development and their guests and will provide an adequate security
plan. Access to the apartment complex requires entrance through a staffed security
gate from San Joaquin Hills Road.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2016-045, 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 is filed with the City Clerk in
accordance with the provisions of Title 20 (Planning and Zoning), of the Newport
Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 19t' DAY OF JANUARY, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
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. Conditional Use Permit No. UP2016-045 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060, unless an extension
is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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 Conditional
Use Permit.
5. The Conditional Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which it is
being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
6. Any change in operational characteristics, expansion in area, or other modification to the
approved plans may require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
7. 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.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. A copy of this approval letter shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
10. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional Use
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
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elements approved by this Conditional Use Permit and shall highlight the approved
elements such that they are easily discernible from other elements of the plans.
11. The cafe shall be limited to 1,150 square feet of interior net public area and 650 square
feet of outdoor patio public area.
12. The lounge shall be limited to 1,300 square feet of interior net public area and the
12,300-square-foot outdoor pool area.
13. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42
(Signs) of the Newport Beach Municipal Code.
14. There shall be no exterior advertising or signs of any kind of type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
15. Alcohol shall be available to members (residents) and their guests only. Membership
shall be verified at point of sale.
16. Lounge only: Off-site sale of alcohol shall not be permitted.
17. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated. If outdoor lighting is
proposed, the applicant shall submit a photometric survey as part of the plan check to
verify illumination complies with the Zoning Code standards.
18. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. 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. Pre-recorded music may be played
in the tenant space, provided exterior noise levels outlined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of Chapter 10.26
of the Newport Beach Municipal Code. The maximum noise shall be limited to no more
than depicted below for the specified time period unless the ambient noise level is higher:
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
20
Planning Commission Resolution No. ####
Page 9 of 12
19. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
20. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to
control odors. This may include the provision of either fully self-contained dumpsters or
periodic steam-cleaning of the dumpsters, if deemed necessary by the Planning Division.
Cleaning and maintenance of trash dumpsters shall be done in compliance with the
provisions of Title 14, including all future amendments (including Water Quality related
requirements).
21. The 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. Graffiti shall be
removed within 48 hours of written notice from the City.
22. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates,
containers, building materials, trash receptacles, or similar objects within a
nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and
7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00
a.m. on Sundays and Federal holidays.
23. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick-up days.
24. 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 Villas Fashion Island Conditional Use Permit including,
but not limited to, Conditional Use Permit No. UP2016-045 (PA2016-179). 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.
Police Department
25. The hours of operation in the Cafe shall be limited to 6:00 a.m. through 9:00 p.m., daily.
26. The hours of operation in the Lounge shall be limited to 7:00 a.m. to 11:00 p.m., daily.
21
Planning Commission Resolution No. ####
Page 10 of 12
27. The hours of the alcohol service specific to the pool area shall be limited to 12:00 p.m. to
9:00 p.m., daily.
28. 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.
29. Employees shall not be permitted to consume alcohol or be under the influence of
alcohol at any time during their shift.
30. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code. The Newport Beach
Municipal Code defines bars, lounges, and nightclubs as an establishment that sells or
serves alcoholic beverages for consumption on the premises and is holding or applying
for a public premises license from the California State Department of Alcoholic Beverage
Control (ABC) (i.e. ABC License Type 42 (On-Sale Beer and Wine — Public Premises),
ABC License Type 48 (On-Sale General — Public Premises), and ABC License Type 61
(On-Sale Beer — Public Premises)). Persons under twenty-one (21) years of age are not
allowed to enter and remain on the premises. The establishment shall include any
immediately adjacent area that is owned, leased, rented, or controlled by the licensee.
31. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
32. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
33. 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.
34. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
35. Cafe only: Food service from the regular menu must be made available to patrons until
30 minutes prior to closing.
36. Cafe only: 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.
22
Planning Commission Resolution No. ####
Page 11 of 12
37. Cafe only: All alcohol sales are limited to beer and wine only.
38. Lounge only: Alcoholic beverages shall be served in non-glass containers that are easily
distinguishable from those that contain non-alcoholic beverages. This would include beer
bottles.
39. 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.
40. Strict adherence to maximum occupancy limit is required.
41. The operator 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.
42. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in all areas surrounding the alcoholic beverage
outlet and adjacent properties during business hours.
43. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or 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.
44. There shall be no live entertainment or dancing allowed on the premises.
45. Security Staff must be on the premises during alcohol service hours and for 2 hours after
alcohol service concludes.
46. Security cameras with at least a two week retention period must be installed in and
around the alcohol consumption area in the Lounge. Those recordings shall be made
available to police upon request in a timely manner.
47. Only members and their guests may be allowed in the lounge area. Membership must be
proven at point of sale.
Building Division
48. Illuminating fire appliances (other than fireplaces or fire pits approved at time of the
project's plan review) will require a fire plan review. Additionally, the illuminating
appliances must be located to meet manufacturer's recommended vertical and horizontal
clearances from combustible construction. If clearances are not referenced in the
manufacture's specifications then the clearances provided will need to meet the
clearances indicated in the California Mechanical Code (CMC).
23
Planning Commission Resolution No. ####
Page 12 of 12
49. Commercial cooking equipment that produce grease laden vapors shall be provided with
a Type I Hood, in accordance with the California Mechanical Code, and an automatic fire
extinguishing system that is listed and labeled for its intended use. California Fire Code
(CFC) Section 904.11
24
Attachment No. PC 2
Draft Resolution for Denial
25
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, DENYING
CONDITIONAL USE PERMIT NO. UP2016-045 FOR THE
ESTABLISHMENT OF A CAFE AND A COCKTAIL LOUNGE
WITH A TYPE 57 ALCOHOLIC BEVERAGE CONTROL
LICENSE, LOCATED AT 4200 SAN JOAQUIN PLAZA (PA2016-
179)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Villas at Fashion Island LLC, with respect to property located
at 4200 San Joaquin Plaza, and legally described as Parcel 1 of Parcel Map No. 2016-
105, requesting approval of a conditional use permit.
2. The applicant proposes a conditional use permit for a cafe and a poolside cocktail
lounge with a Type 57 (Special On Sale General) Alcoholic Beverage Control (ABC)
license at the Villas Fashion Island, a residential apartment complex. The cafe is located
near the center of the residential development with proposed hours of operation of 6:00
a.m. to 9:00 p.m., daily. The cocktail lounge has proposed hours of operation of 7:00 a.m.
to 11:00 p.m., daily. Alcohol service at the pool would be from 12:00 p.m. to 9:00 p.m.
Both establishments will be open to residents and their guests only. Late hours, live
entertainment and dancing are not a part of this application.
3. The subject property is located within the North Newport Center (PC-56) Zoning District
and the General Plan Land Use Element category is Mixed Use Horizontal (MU-1-13).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on January 19, 2017 in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
27
Planning Commission Resolution No. ####
Page 2 of 2
SECTION 3. REQUIRED FINDINGS.
The Planning Commission may approve a use permit only after making each of the five
required findings set forth in NBMC Subsection 20.52.020(F) (Findings and Decision). In this
case, the Planning Commission was unable to make the required findings based upon the
following:
1 . The Planning Commission determined, in this case, that the establishment of a cafe
and cocktail lounge with alcohol service is inconsistent with the purpose and intent of
NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because
the establishments are not compatible with the allowed uses in the vicinity.
2. The applicant's request may increase alcohol-related crimes and calls for service and
negatively impact police-related response.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2016-045 (PA2016-179).
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City in accordance with
the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF JANUARY, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
05-26-2016
22
Attachment No. PC 3
Project Description
29
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BLAKE & AYAZ
A LAW CORPORATION
2107 NORTH BROADWAY,SUITE 106
SANTA ANA,CALIFORNIA 92706
EMAIL: abclaw@rablake.com
TELEPHONE (714)667-7171 FACSIMILE: (714)667-0477
December 27, 2016
File No.2680-2
Community Development Department Planning Division
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
RE: Letter of Justifications for Conditional Use Permit Villas Fashion Island,
4200 San Joaquin Plaza Newport Beach, California
To whom it may concern:
This letter will serve as justification in support of the applicant's request for a Conditional
Use Permit pursuant to Newport Beach Municipal code §20.52.020, for the Applicant's luxury
residential facility. The residential resort style property has applied for a type 57- Special On-Sale
General Alcoholic Beverage license located at the premises of a residential community commonly
known as the Villas Fashion Island for the Lounge and the Cafe. Access to the community and the
areas to be licensed by the California Department of Alcohol Beverage Control(and the City by way
of approval of the request made herein) will be strictly limited to residents of the Villas Fashion
Island and their bona fide guests.Neither the Pool,Lounge nor Cafe will be open or accessible to the
general public.
The California Alcoholic Beverage Control defines the abovementioned licenses as follows:
LICENSE TYPE 57: SPECIAL ON SALE GENERAL - Generally issued to certain
organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled
spirits,to members and guests only,for consumption on the premises where sold.Authorizes the sale
of beer and wine, to members and guests only, for consumption off the licensed premises. Food
service is not required. Minors are allowed on the premises.
The use for this location will be consistent with the General Plan acid the Specific Plan as
outlined in the North Newport Center Planned Community district,which is comprised of seven sub-
areas that include Fashion Island,Block 600,and Block 800;and portions of Block 100,Block 400,
Block 500, and San Joaquin Plaza. The Newport Center encompasses major retail, professional
offices,ente 1 iamment,recreation,and residential developments within the City of Newport Beach.
The North Newport Center site is approximately 170.3 acres and rums along San Joaquin Hills Road
31
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Re: Letter of Justification—Villas at Fashion Island
December 27, 2016
and Newport Center Drive. The Applicant's project will be located in the San Joaquin Plaza Sub-
Area and sits within the new residential community commonly known as the Villas at Fashion
Island.The permitted use of this area is Mixed-Use,which includes light general commercial, hotel,
residential,and other mixed uses in accordance with the General Plan MU-H3 land use designation.
The use described above is allowed within the applicable zoning district and complies with the
applicable provisions of the Newport Beach Municipal Code.
The Applicant has a long history of designing top-rated communities in Orange County. At
similar properties, residents are pleased with their exclusive access to wellness and elegance, as
offered by The Irvine Company's prestigious propel iies in Southern California.The Villas at Fashion
Island will continue to offer luxury apartment residences in a resort-style setting,allowing residents
to enjoy personalized concierge amenities.
The Cafe
The Cafe will operate under a Type 57 Special On-Sale General ABC license.As illustrated
in the plans,the Cafe will be located near the center of the Villas.Its location was chosen as it allows
the residents easy access to a quick meal while enjoying a glass of wine or cold beer. The Cafe will
also feature a small patio seating area, which will be enclosed pursuant to ABC's requirements to
clearly identify the area in which alcohol consumption is permissible.Allowing alcohol in this area
will allow residents(hereinafter referred to as members)and their bona fide guests an outdoor eating
option. The applicant will limit sales, service and consumption of alcoholic in the Cafe to beer and
wine only. In other words, distilled spirits will not be available for purchase or consumption in the
Cafe and/or its patio area. The Cafe will provide made to order meals, grab-and-go pre-made food
items, snacks, sundry goods and as well as non-alcoholic beverages (milk,juice, soda, etc.) and
alcoholic beverages for dine-in or to go. This will include off sale beer and wine(in sealed,original
containers)providing the members of the community a convenience and amenity expected at such a
high end luxury residential project.
The applicant is implementing a POS system (point of sale, i.e. computerized register and
information system) that will allow employees to check membership and verify the same on said
system. When tenants rent, as part of the agreement they will provide identification for all adults
which resided at the residence and, if applicable, children or other members of the household.This
information will be uploaded to the POS to allow for approbation verification.No matter, anytime
there is a transaction that includes alcohol,the POS system is only used to verify membership and/or
guest status and a physical identification will be required to verify age EACH AND EVERY TIME.
The Lounge and Pool
The Lounge will be an exclusive club located on-site at the Villas at Fashion Island. The
Lounge will operate under the same Type 57 Special On-Sale General ABC license and will contain
bar service and limited food, in the area that also includes the Pool as depicted on the plans. The
Lounge/Pool area will be completely enclosed or otherwise fenced-in and only accessible to and by
32
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Re: Letter of Justification—Villas at Fashion Island
December 27, 2016
members or member guest(s). The Lounge will offer the sale of beer, wine and distilled spirits
ancillary to the primary use by the residents as a social meeting place and recreational amenity.There
may be an occasional use of the facility for member gatherings or management run events for
members. The Lounge area will provide a space where residents and their invited guest(s) can
conveniently walk to and enjoy the pool, spa, BBQ' s, eat food iterns and beverages offered by the
applicant.
The Lounge will be open from 7 a.m.to 11 p.m.with alcohol service beginning at 10:00 a.m.
daily.Pool hours will be from 5 a.m. to 10 p.m. with alcohol service running from 12 p.m. to 9 p.m.
daily.The applicant shall serve alcoholic beverages in containers that are easily distinguishable from
those that contain non-alcoholic beverage's. This would include beer bottles (non-glass) and
distinguishable cups for other alcoholic beverages. To further control alcohol service, members
and/or their bona fide guest will be required to check in to verify membership and/or guest status.If a
member and/or guest leaves and returns to the Lounge and/or pool area within the same day, they
will be subject to the same membership verification. All members and Guests of members will be
required to have and provide their ID to verify both membership and appropriate age verification for
those who wish to order and/or consume alcoholic beverages at the Lounge/PooI.
The Lounge will provide a convenient location to which members and their bona fide guests
can easily walk to and enjoy the beautiful weather, the pool/spa, comfortable Lounge and meeting
space,food and as an ancillary amenity the availability of alcohol beverages.The Lounge,will serve
the public convenience and necessity of the members who live within the luxury residential
community by providing them with the services and/or goods discussed herein without the need for
them to leave the private community of the Villas at Fashion Island. The limited hours, safeguards
and membership rules and regulations,as well as the renowned management of the Irvine Company,
will ensure the complete compliance with all laws, rules, regulations and/or conditions.
The Lounge will utilize the POS system (point of sale, i.e. computerized register and
information system)discussed above that will allow employees to check membership and verify the
same on said system.
secudty
The Lounge and surrounding Pool area are equipped with security cameras,and the applicant
will provide security to patrol the entirety of the property, every night from 7 p.m. to 5 a.m. The
apartment community will have a 24/7 guard house that will limit access to the community at all
times to members (residents) and their invited guests. The Lounge itself will be secured by locked
entry points,and only residents who are club members will have access to enter the Lounge/Pool via
key/keyeard. Any and all members and their guests will be required to enter the Lounge/Pool area
through a designated point of entry and shall first be required to register with a Lounge employee
who will verify the resident's apartment number,the number of guests and ID check.In the unlikely
event that any member(resident),guest,and/or person accesses the Pool and/or Lounge area without
following the check-in process,in violation of the Club and Residential Rules and Regulations,any
33
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Re: Letter of Justification—Villas at Fashion Island
December 27, 2016
such member,guest or other party will be approached by staff,have their ID checked and apartment
or appropriate resident member verified.If they are a guest at the club without the member,they will
be asked to leave.Any non-member or person who is not a member's invited guest shall be promptly
asked to leave. Additional access keys will be provided to law enforcement and the Department of
Alcoholic Beverage Control to use at their discretion to allow unfettered access to the subject site for
compliance checks and/or enforcement.
Members shall be required to follow written rules and code of conduct for all members and
their guests. Members shall be required as part of their membership,to acknowledge and sign said
rules which shall be maintained in the member's file.Violations of such rules may result in a loss of
membership and use of the Cafe, Lounge and/or Pool.
Public Convenience
There are no indications that the use has or will cause any undue burden upon the streets and
highways or the traffic flow in the area. This is particularly true since there will be no access to the
general public. The operation of this location 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, safety, or general welfare of persons residing or working in the
neighborhood of the propose
Very trul
MICHAEL AYAZ
3.4
Attachment No. PC 4
Police Department Memorandum
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
43
MEMORANDUM
TO: Chelsea Crager, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: January 1, 2016
SUBJECT: Villas at Fashion Island
4200 San Joaquin Plaza
Use Permit No. 2016-045 (PA2016-179)
At your request, the Police Department has reviewed the project application for the
Villas at Fashion Island located at 4200 San Joaquin Plaza, Newport Beach. Per the
project description, the applicant is seeking a Conditional Use Permit to allow a food
service restaurant and a members-only poolside lounge area, both under one Type 57
(Special On Sale General) Alcoholic Beverage Control License.
The proposed hours of operation are as follows:
Cafe at 7120 San Joaquin Plaza
• Interior and exterior dining: 6:00 a.m. through 9:00 p.m., daily
• Alcohol service will begin at 10:00 a.m.
Lounge at 4200 San Joaquin Plaza
7:00 a.m. to 11:00 p.m. daily
An Operator License will not be required for this establishment since no late hours or
live entertainment is proposed.
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 57 license falls to the Department of Alcoholic
Beverage Control (ABC), ABC encourages local authorities to address PCN in the
Conditional Use Permit (CUP) process.
3�
Villas at Fashion Island
U P2016-045
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 4200 and 7120
San Joaquin Plaza.
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) 39 which encompasses Fashion Island. The RD is square in
shape, bordered by Jamboree on the west, San Joaquin on the north, MacArthur to the
east, and Coast Hwy to the south. RD 39 is our third highest crime area in the City,
with just under double the city-wide average. The majority of that crime is theft due to
the large shopping mall at the heart of the RD. This location meets the legal criteria for
undue concentration (8&P§23958.4).
• In 2015, RD 39 had a total of 478 reported crimes
• In 2015, RD 39 was 193% over the city-wide average of reported crime
• In 2015, RD 39 had 254 arrests
• In 2015, 25% of the arrests made in RD 39 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 0630.08. This
census tract has an approximate population of 750 residents with 60 on-sale retail
licenses. That is a per capita ratio of 1 on-sale license for every 13 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 0630.08 is indeed oversaturated by legal definition. This
location meets the legal criteria for undue concentration as it relates to oversaturation.
(8&P §23958.4).
If we analyze the applicant premise by NBPD Reporting District we achieve a similar
result:
• RD 39 has 66 active ABC licenses
• RD 39 total per capita ratio of all retail licenses is 1 license for every 13 residents
• RD 39 is significantly oversaturated
2
SR
Villas at Fashion Island
UP2016-045
Discussion and Recommendations
The above statistical information is provided for educational reference and perspective.
Reporting District 39 predominantly serves Newport Beach as an entertainment district
and tourist destination. Recently, the Meridian and the Villas at Fashion Island
residential projects have been approved which will raise the resident population in this
RD significantly; therefore increasing the per capita ratio.
The Police Department takes no objection to this project as long as the below
conditions of approval are met. This project will not include an Operator License so the
below CUP conditions are essential. The alcohol licenses requested within this project
will serve the 524 residences at the Villas at Fashion Island, an exclusive, high-end
residential complex. This license will not serve the general public, and there are no late
night hours proposed.
The Police Department's initial concerns with the lounge are largely mitigated by the
applicant's proposed procedures, policies, and proposed security, which will be
conditioned within the Conditional Use Permit. As with the Caf6, membership and ID
check must be provided at each point of sale for alcohol within the Lounge. The
Lounge itself is secured by locked entry points, accessible by residents only. Security
is available from 7:00 p.m. to 5:00 a.m. daily, in addition to the security staff which
monitors entry into the community at all times from the guard gate.
The Police Department has recently worked with the Irvine Company and their
consultant, Michael Ayaz on the Aqua Lounge project within the Island Hotel. During
the project, and now well into their second year of operation, Mr. Ayaz and the Island
Hotel staff remain responsive to requests from the Police Department in order to
mitigate public safety concerns. We believe we will continue to enjoy the same positive
working relationship we have experienced with the applicant thus far.
While reviewing the project application for alcohol service at the Villas at Fashion
Island, I conducted research into similar uses. I started by querying the California
Department of Alcoholic Beverage Control website for other Type 57 licenses in only
the counties of Orange, Los Angeles, San Diego, Riverside, and San Francisco. What I
found was the majority of Type 57 licenses are issued to country clubs, golf clubs, or
other similar membership exclusive clubs. While less frequent, there are many
residential communities that hold a Type 57 license. These include hotels, senior
communities, timeshares, and planned communities. The only true apartment
community I identified with a Type 57 license was the Village Mission Valley in San
Diego. This property is also an Irvine Company Property that was provided to me as an
example by the applicant.
Detective Bennett contacted San Diego Police Department and spoke with Detective
Andrea Wood who oversees ABC licensing for their Department. Detective Wood
states the Village Mission Valley community has only received 3 calls for service since
July, 2016 and none of those were alcohol related. Detective Wood went on to say that
3
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Villas at Fashion Island
UP2016-045
San Diego has many similar complexes holding on-sale alcohol licenses and did not
recall any being a drain on police resources.
The Newport Beach Police Department thoughtfully considered the application for
alcohol use at the Villas at Fashion Island. An example of a similar use in the same
geographical area is Big Canyon, which holds a Type 51 ABC license, also specific for
clubs. Taking into consideration the geography and design of the community, the
resident-exclusive use for the lounge, the conditions that will be imposed by ABC, and
the information obtained by San Diego PD regarding the applicant's similar property,
the Police Department sees no evidence this location will be problematic.
RECOMMENDED CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for
the business:
1. The hours of operation in the Cafe shall be limited to 6:00 a.m. through 9:00
p.m., daily.
2. The hours of operation in the Lounge shall be limited to 7:00 a.m. to 11:00 p.m.
daily.
3. The hours of alcohol service specific to the pool area shall be limited to 12:00
p.m. to 9:00 p.m., daily.
4. 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.
5. Employees shall not be permitted to consume alcohol or be under the influence
of alcohol at any time during their shift.
6. Approval does not permit the premises to operate as a bar, tavern, cocktail
lounge or nightclub as defined by the Newport Beach Municipal Code.
7. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
4
40
Villas at Fashion Island
U P2016-045
8. No games or contests requiring or involving the consumption of alcoholic
beverages shall be allowed.
9. 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.
10. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
11. Cafe only: Food service from the regular menu must be made available to
patrons until 30 minutes prior to closing.
12. Cafe only: 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. Cafe only: All alcohol sales are limited to beer and wine only.
14. Lounge only: Alcoholic beverages shall be served in non-glass containers that
are easily distinguishable from those that contain non-alcoholic beverages. This
would include beer bottles.
15. 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.
16. Strict adherence to maximum occupancy limit is required.
17. The operator 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.
18. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in all areas surrounding the alcoholic
beverage outlet and adjacent properties during business hours.
19. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or
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.
5
41
Villas at Fashion Island
UP2016-045
20. There shall be no live entertainment or dancing allowed on the premises.
21. Security Staff must be on premises during alcohol service hours and for 2 hours
after alcohol service concludes.
22. Security cameras with at least a two week retention period must be installed in and
around the alcohol consumption area in the Lounge. Those recording shall be
made available to police upon request in a timely manner.
23. Only members or their guests may be allowed in the lounge area. Membership
must be proven at point of sale.
If you have any questions as to the content of this memorandum, please contact
Ijye
ndy Joe at (949)644-3705 or wjoe@nbpd.org.
nvestigator, Special Investigations Unit
I,Y �t�41
Jay Short
Acting Deputy Chief, Detective Division
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Public Hearing •
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PA2o16-179
Planning Commission - January 19, 2017
Item No. 2a Additional Materials Presented at Meeting
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Vicinity Map
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01/19/2017 Community Development Department - Planning Division 2
Planning Commission - January 19, 2017
Item No. 2a Additional Materials Presented at Meeting
11
79)
Request
Conditional use permit to allow a cafe and poolside
cocktail lounge with a Type 57 ABC license
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Planning Commission - January 19, 2017
Item No. 2a Additional Materials Presented at Meeting
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01/19/2017 Community Development Department - Planning Division 4
Planning Commission January • 2017
Item No. / Additional I / • / at Meeting
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Planning Commission - January 19, 2017
Item No. 2a Additional Materials Presented at Meeting
79)
• . Lounge
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01/19/2017 Community Development Department - Planning Division 6
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For more information contact: IF Chelsea Crager,Assistant Planner
949-644-3227
ccragerQa newportbeachca.gov
www.newportbeachca.gov