HomeMy WebLinkAboutBay Burger 600 Bay Avenue E #A-7CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 3, 2008 Meeting
Agenda Item 7
SUBJECT: Bay Burger (PA2007 -219)
600 Bay Avenue E #A -7
■ Use Permit No. 2007 -027
APPLICANT: Bay Burger Company
PLANNER: Fern Nueno, Planning Technician
(949) 644 -3227, fnueno(&citv.newaort- beach.ca.us
PROJECT SUMMARY
The applicant is requesting an amendment to Use Permit No. 3120 to allow the
authorization of the sale of beer and wine for on -site consumption (Type 41 ABC
License) pursuant to the Alcoholic Beverage Ordinance (ABO).
Staff recommends that the Planning Commission approve Use Permit No. 2007 -027,
subject to the findings and conditions of approval included within the attached draft
resolution.
Bay Burger
April 3, 2008
Page 2
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Bay Burger
April 3, 2008
GENERAL PLAN
ZONING
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
P1 - Private Institutions
Specific Plan district #8
Restaurant, retail commercial
Central Balboa
NORTHEAST
TS - Tidelands
NA
Newport Bay
SOUTHEAST
CV - Visitor Serving
Specific Plan District AS
Commercial
Commercial
(Central Balboa)
SOUTHWEST
MU -V & PF —Mixed Use
Specific Plan District #8
Parking and commercial
Vertical & Public Facilities
Central Balboa
NORTHWEST
MU -V — Mixed Use
Specific Plan District #8
Restaura nt. .retaiI commercial
Vertical
Central Balboa
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Bay Burger
April 3, 2008
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Project Setting
The subject property, Suite A -7, is located within the Balboa Fun Zone on the Balboa
Peninsula. The Fun Zone is contained within the streets East Bay Avenue, Palm Street,
East Edgewater Place, and Washington Street. The lot is approximately 34,000 square
feet. The on -site parking consists of 56 spaces that are provided in a partially
subterranean structure. Additionally, 15 off -site parking spaces are located in a nearby
lot across Palm Street. All parking provided is intended for employee and marina
parking. The Fun Zone contains a mix of eating and drinking establishments, retail
stores, arcade, and amusement rides. Also within the Fun Zone is the Newport Harbor
Nautical Museum. Newport Bay is to the northeast of the Fun Zone. The lots to the
northwest, southwest, and southeast are designated as Retail Service Commercial land
uses within the Specific Plan District #8 (Central Balboa). Suite A -7 is approximately
1,449 square feet, of which 1,156.5 square feet is net public area (see attached plans in
Exhibit 2). The indoor seating area contains 24 seats, and the outdoor seating area
contains eight seats.
Project Description
The applicant is proposing to change the operational characteristics of the existing
restaurant by introducing the sale of beer and wine for on -site consumption (Type 41
ABC License). No physical changes are proposed with this application.
Background
On December 6, 1984, the Planning Commission approved Use Permit No. 3120, which
permitted the redevelopment and expansion of the old Fun Zone site. At the same time,
the Planning Commission approved Variance No. 1118, which included a waiver of a
portion of the required off - street parking. On January 14, 1985, the City Council
approved Use Permit No. 3120 and Variance No. 1118. The approved project included
three new buildings over a partially subterranean parking lot containing 56 spaces.
On June 23, 1994, the Planning Commission approved an amendment to Use Permit
No. 3120. The requested amendment was to convert a portion of the arcade use to
amusement ride use. Due to all of the amendments since the original use permit
approval, the Planning Commission added a condition stating "That food /specialty food,
arcade, and retail uses shall not exceed 30 percent each, and amusement rides shall
not exceed 50 percent of the permitted gross floor area of the site exclusive of covered
parking. If there is a desire to exceed this limitation, an amendment to the use permit is
required."
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Bay Burger
April 3, 2008
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DISCUSSION
Analysis
General Plan/Local Coastal Plan
The Land Use Element of the General Plan designates the Fun Zone site as Private
Institutions. This designation is intended for privately owned facilities that serve the
public, including places for religious assembly, private schools, health care, cultural
institutions, museums, yacht clubs, congregate homes, and comparable facilities. The
owner and the primary occupant of the Fun Zone is the Newport Harbor Nautical
Museum, which is a permitted use within this land use designation. The eating and
drinking establishment use with alcoholic beverage service is not specked; however, it
can be considered an ancillary use to the Newport Harbor Nautical Museum.
The Local Coastal Plan designates this
designation is intended to provide for a wic
primarily to serve citywide or regional needs.
sales for on -site consumption are a permitted
Zoning Code
site as General Commercial C. This
e range of commercial activities oriented
Restaurants with ancillary beer and wine
use within this land use designation.
The Fun Zone site has a Retail and Service Commercial land use designation within the
Central Balboa Speck Plan District. Restaurant use with alcoholic beverage service is
permitted, subject to the approval of a use permit.
Alcoholic Beverage Sales
Bay Burger is an existing eating establishment that does not currently hold an ABC
license. The applicant is applying for a Type 41 ABC license (On -Sale Beer and Wine —
Bona Fide Public Eating Place), which authorizes the sale of beer and wine for
consumption on or off the premises where sold. The City has approved other use
permits for eating and drinking establishments with alcoholic beverage service as
amendments to the Fun Zone's use permit (Use Permit No. 3120). However, Balboa
Sushi (Suite C -6) is the only establishment with an ABC license (Type 41) within the
Fun Zone at this time.
The following conditions of approval are proposed to insure that beer and wine sales
remain incidental to food use:
■ The establishment must be maintained as a "bona fide public eating place" and
cannot operate as a bar, tavern, cocktail lounge, or nightclub.
■ Full menu food service must be available for ordering at all times that the
restaurant establishment is open for business.
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Bay Burger
April 3, 2008
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■ No "happy hour' type of reduced price alcoholic beverage promotion is allowed
except when served in conjunction with food ordered from the full service menu.
■ No live entertainment or dancing is permitted.
■ The quarterly gross sales of alcoholic beverages cannot exceed the gross sales of
food during the same period.
Although the project has an outdoor seating area, staff believes that the area is too
small for an barrier to adequately confine outdoor alcoholic beverage service, which is
typically required by ABC. Therefore, a condition is proposed to require that alcoholic
beverage service be limited to the indoor dining area.
The Newport Beach Police Department (NBPD) has reviewed the project (Exhibit 3),
and has no objections to the basic operations as described by the applicant; however,
NBPD recommends limiting the hours of operation from 7:00 a.m. to 10:00 p.m. These
hours are within the hours of operation for the Fun Zone, which are 5:00 a.m. to 12:00
a.m. Sunday through Thursday and 5:00 a.m. to 2:00 a.m. Friday, Saturday, and
recognized holidays. Bay Burger's current hours of operation are 8:00 a.m. to 11:00
p.m.
The NBPD also recommends requiring all owners, managers, and employees serving
and /or selling alcoholic beverages to undergo and successfully complete a certified
training program in responsible methods and skills for serving and selling alcoholic
beverages. ABC offers a training program titled Licensee Education on Alcohol and
Drugs (L.E.A.D).
The NBPD has also provided alcohol related statistics for the Fun Zone's Reporting
District, Reporting District (RD) 12 (see map in Exhibit 4), for the 2007 Calendar Year.
Statistics were also provided for RD 13 and RD 15, which are the adjacent districts to
the west. RD 11 is immediately adjacent to the east; however, it is not applicable for
comparison purposes because it contains mostly residential properties.
Factors to Consider
Section 20.89.030.13 (Alcoholic Beverage Outlets) requires the Planning Commission to
consider certain factors when making the required findings to approve the Use Permit. A
discussion of these factors in support of the proposed Use Permit is provided below:
1. Whether the use serves public convenience or necessity
The purpose of the Specific Plan District #8 is to provide the Central Balboa area with
commercial services for permanent residents and visitors of the area. Introducing
incidental beer and wine to the existing eating establishment is a convenience to the
nearby residents and visitors within the area who patronize the business.
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Bay Burger
April 3, 2008
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City Council "K -7° policy grants the NBPD "the authority to make determinations of
convenience and necessity for the sale of alcoholic beverages, and provides criteria for
situations when the public convenience and necessity will not be served by granting
additional retail licenses for the sale of alcoholic beverages." The policy continues that
"the public convenience and necessity will not be served by the approval of any new or
upgraded license" if the location is within an area where the number of crimes is at least
75 percent higher than the average of all reporting districts in the City. The Fun Zone is
not within an area where the number of crimes is at least 75 percent higher than the
average of all reporting districts in the City, which is congruent with the public
convenience determination from City Council "K -7" policy.
2. The crime rate in the reporting district and adjacent reporting districts as compared
to other areas in the City
The location is within RD 12, wherein the number of Part One Crimes and the Part One
Crime Rate is greater than in the adjacent reporting district, RD 13. The Part Two
Crimes within RD 12 are less than in RD 13. The Part One Crimes Rate in RD 12, 13,
and 15 is higher than that of the City as a whole due to the high concentration of
commercial uses in the Balboa Peninsula. RD 12 had a total of 228 reported crimes as
compared to a citywide reporting district average of 175 reported crimes. This reporting
district had 52 more crimes and is 22.81 percent above the citywide reporting district
average. These numbers reflect crime data for the 2007 Calendar Year.
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county-wide average
Reporting District
Part One Crimes
Part Two Crimes
Part One Crimes
Reporting District
(Serious offenses)
(All other offenses)
Rate (per 100,000
1 per 365 residents
15
90
people)
12
102
74
6,017.70
13
97
99
5,309.25
15
326
258
11,531.66
Newport Beach
2,925
3,712
3,620.05
The location is within RD 12, wherein the number of Part One Crimes and the Part One
Crime Rate is greater than in the adjacent reporting district, RD 13. The Part Two
Crimes within RD 12 are less than in RD 13. The Part One Crimes Rate in RD 12, 13,
and 15 is higher than that of the City as a whole due to the high concentration of
commercial uses in the Balboa Peninsula. RD 12 had a total of 228 reported crimes as
compared to a citywide reporting district average of 175 reported crimes. This reporting
district had 52 more crimes and is 22.81 percent above the citywide reporting district
average. These numbers reflect crime data for the 2007 Calendar Year.
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county-wide average
Reporting District
Active ABC
Licenses
Per Capita License Ratio
12
35
1 per 48 residents
13
5
1 per 365 residents
15
90
1 per 31 residents
County-wide
4,805
1 per 592 residents
The ABC license data is from the 2006 Uniform Crime Reports. The Fun Zone location
is within an RD that is over the Orange County per capita average of ABC licenses. RD
13 has more residential properties than RD 12 and RD 15, which may explain the lower
number of ABC licenses in the reporting district. As of May 1, 2003, the Orange County
W'
Bay Burger
April 3, 2008
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average active, retail ABC license was one license for every 592 residents. RD 12 has a
higher concentration of this type of ABC license compared with the County average.
4. The numbers of alcohol- related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts
Reporting District
DUI /Drunk Arrests
Total Arrests
Calls for Service
12
52
117
2,172
13
55
132
2,907
15
461
831
7,322
Newport Beach
1,471
3,345
61,060
These numbers reflect crime data for the 2007 Calendar Year. RD 12 has a slightly
lower number of DUI /Drunk Arrests, Total Arrests, and Calls for Service recorded in
2007 compared to RD 13, and significantly lower number of DUI /Drunk Arrests, Total
Arrests, and Calls for Service recorded in 2007 compared to RD 15.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools
The Fun Zone is in a commercial area with mixed -use districts adjacent to the south and
west. There are no day care centers, park and recreation facilities, places of religious
assembly, or schools in close proximity to the subject property. In accordance with the
Alcoholic Beverage Ordinance, the Police Department has reviewed the application,
and upon approval of the Use Permit, will condition the ABC license as necessary to
maintain the health, safety, and welfare of the community.
Use Permit Findings
The following information is presented in support of the required Use Permit findings:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purpose of the district in which the site is located.
Facts in Support of Finding:
• The project is located in the Retail Service Commercial (RSC) district of the
Specific Plan District #8 (Central Balboa) which is intended to provide the
Central Balboa area with commercial services for permanent residents and
visitors of the area. The existing eating establishment with proposed alcohol
sales is a commercial use, which serves residents and visitors and, therefore,
is consistent with the purposes of the Specific Plan District #8.
• Subject to the approval of a use permit by the Planning Commission, a
restaurant use with alcoholic beverage service is permitted within this district.
Bay Burger
April 3, 2008
Page 9
2. Finding: That the proposed location of the Use Permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding:
• The Land Use Element of the General Plan designates the project site as
Private Institutions, which is intended for privately owned facilities that serve
the public.
The ancillary use of the restaurant with beer and wine sales will not be
detrimental to the site or to the community based upon information received at
the hearing and information provided by the Police Department.
The on -site consumption of alcohol will be incidental to the eating establishment
use. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period, per the conditions of approval.
Alcohol service will be under the supervision of LEAD - trained employees, and a
minimum of three employees will be on duty at all times.
• The proposed hours of operation, 7:00 a.m. to 10:00 p.m., will not significantly
change characteristics of the existing commercial area. These proposed hours
of operation are within the hours of operation for the entire Fun Zone.
3. Finding: That the proposed use will comply with the provisions of this Code,
including any specific condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding:
The project has been conditioned to comply with the development and
operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage
Outlets) of the Municipal Code as they relate to the operation of the proposed
project. Employees serving alcoholic beverages will receive LEAD training, and
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. The exterior of the alcoholic beverage outlet shall be
maintained free of litter and graffiti at all times. The owner or operator shall
provide for daily removal of trash, litter, and debris from the premises and on
all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed
within 48 hours of written notice from the City.
to
Bay Burger
April 3, 2008
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The project has been reviewed and conditioned to ensure that potential conflicts
with surrounding land uses are minimized to the greatest extent possible.
Therefore, the project meets the purpose and intent of Chapter 20.89 of the
Municipal Code by preserving a healthy environment for residents and
businesses. 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 alcoholic beverage outlet and adjacent
properties during business hours, if directly related to the patrons of the subject
alcoholic beverage outlet.
Alternatives
If the Planning Commission does not wish to approve this application subject to the
findings and conditions of approval included within the attached draft resolution, it shall
either modify the conditions of approval and approve the application, approve as
requested, or disapprove the application.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA)
under Class 1 (Existing Facilities).
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property, and posted at the site a minimum of ten days in advance of this
hearing, consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
Fern Nueno, Planning Technician
EXHIBITS
1. Draft Resolution
2. Project Plans
3. Police Department Report
4. Police Department Reporting District map
5. Project narrative from applicant
Submitted by:
David Lepo, Pla g Director
FlUsemiPLMSharedlPA's1PAs - 20071PA2007- 2191UP2007- 027perpt— Flnal.dac
0
Exhibit No. 1
Draft Resolution
`A
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH APPROVING USE
PERMIT NO. 2007 -027 TO ALLOW THE ON -SALE AND
OFF -SALE OF BEER AND WINE AT AN EXISTING
RESTAURANT LOCATED AT 600 EAST BAY AVENUE #A-
7 (PA 2007 -219)
WHEREAS, an application was filed by Bay Burger Company, with respect to
property located at 600 East Bay Avenue #A7, and legally described as Parcel 1, Block B,
Parcel Map Book 208/04 -06, requesting approval of amendment to Use Permit No. 3120
to allow a Type 41 ABC license for the on -sale and off -sale of beer and wine, pursuant
to Municipal Code Chapter 20.89 (Alcoholic Beverage Outlets) in conjunction with the
operations of an existing restaurant; and
WHEREAS, a public hearing was held onApril 3, 2008, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place,
and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting; and
WHEREAS, the Land Use Element of the General Plan designates the project
site as Private Institutions, which is intended for privately owned facilities that serve the
public; and
WHEREAS, the Local Coastal Plan designates the site as General Commercial,
which is intended to provide for a wide range of commercial activities oriented primarily
to serve citywide or regional needs; and
WHEREAS, the subject property is designated as a Retail Service Commercial
land use within the Specific Plan District #8 (Central Balboa) zoning district, which is
intended to provide the Central Balboa area with commercial services for permanent
residents and visitors of the area; and
WHEREAS, the Police Department has advised that Reporting District 12 has a
lower concentration of ABC licenses than Reporting District 15, and a higher
concentration of ABC licenses than Reporting District 13; and
WHEREAS, the Police Department has advised that Reporting District 12 is not
within an area where the number of crimes is at least 75% higher than the average of all
City Reporting Districts; and
WHEREAS, the proposed use is consistent with the purpose and intent of
Section 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code; and
l5
Planning Commission Resolution No. _
Page 2 of 8
WHEREAS, consistent with required findings for approval of a use permit as set
forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings
and facts in support of such findings are made:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purpose of the district in which the site is located.
Facts in Support of Finding:
a. The project is located in the Retail Service Commercial (RSC) district of
the Specific Plan District #8 (Central Balboa) which is intended to provide
the Central Balboa area with commercial services for permanent residents
and visitors of the area. The existing eating establishment with proposed
alcohol sales is a commercial use which serves residents and visitors and,
therefore, is consistent with the purposes of the Specific Plan District #8.
b. Subject to the approval of a use permit by the Planning Commission, a
restaurant use with alcoholic beverage service is permitted within this
district.
2. Finding: That the proposed location of the Use Permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding:
a. The Land Use Element of the General Plan designates the project site as
Private Institutions, which is intended for privately owned facilities that
serve the public.
b. The ancillary use of the restaurant with beer and wine sales will not be
detrimental to the site or to the community based upon information received
at the hearing and information provided by the Police Department
c. The on -site consumption of alcohol will be incidental to the eating
establishment use. The quarterly gross sales of alcoholic beverages shall
not exceed the gross sales of food during the same period, per the
conditions of approval. Alcohol service will be under the supervision of
LEAD- trained employees, and a minimum of three employees will be on
duty at all times.
1�
Planning Commission Resolution No. _
Paqe 3 of 8
d. The proposed hours of operation, 7:00 a.m. to 10:00 p.m., will not
significantly change characteristics of the existing commercial area. These
proposed hours of operation are within the hours of operation for the entire
Fun Zone.
3. Finding: That the proposed use will comply with the provisions of this Code,
including any speck condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding:
a. The project has been conditioned to comply with the development and
operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage
Outlets) of the Municipal Code as they relate to the operation of the
proposed project. Employees serving alcoholic beverages will receive LEAD
training, and 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. The exterior of the alcoholic
beverage outlet shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter, and
debris from the premises and on all abutting sidewalks within 20 feet of
the premises. Graffiti shall be removed within 48 hours of written notice
from the City.
b. The project has been reviewed and conditioned to ensure that potential
conflicts with surrounding land uses are minimized to the greatest extent
possible. Therefore, the project meets the purpose and intent of Chapter
20.89 of the Municipal Code by preserving a healthy environment for
residents and businesses. 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 alcoholic
beverage outlet and adjacent properties during business hours, if directly
related to the patrons of the subject alcoholic beverage outlet.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15301
(Existing Facilities) of the Implementing Guidelines of the California Environmental Quality
Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2007 -027, subject to the Conditions set forth in Exhibit "A ".
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
�1
Planning Commission Resolution No.
Page 4 of 8
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL.
BY:
Robert Hawkins, Chairman
MN
Bradley Hillgren, Secretary
AYES:
EXCUSED:
Planning Commission Resolution No. _
Page 5 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007-027
PROJECT SPECIFIC CONDITIONS:
1. The project must be in substantial conformance with the approved site plan,
floor plans, and elevations, except as noted below.
2. The hours of operation shall be limited to 7:00 am to 10:00 pm.
3. A minimum of three employees shall be on duty at all times.
4. Alcoholic beverage service shall not be allowed in the outdoor seating area.
The applicant shall take reasonable steps to ensure that no open containers
with alcohol beverages leave the indoor seating area, including the posting of
loitering, open container, and other signs specified by the Alcoholic Beverage
Control Act.
STANDARD CONDITIONS:
5. Full menu food service shall be available for ordering at all times that the
restaurant establishment is open for business.
6. No "happy hour" type of reduced price alcoholic beverage promotion shall be
allowed except when served in conjunction with food ordered from the full
service menu.
7. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
8. No live entertainment or dancing shall be permitted.
9. No audible paging system or speaker system shall be utilized any where on
the premises at any time.
10. All signs and displays must conform to the City Municipal Code requirements.
11. There shall be no exterior advertising or signs of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or
signs which are clearly visible to the exterior shall constitute a violation of this
condition.
0
Planning Commission Resolution No. _
Page 6 of 8
12. Storage outside of the building in the front or at the rear of the property shall
be prohibited.
13. The exterior of the alcoholic beverage outlet shall be maintained free of litter
and graffiti at all times. The owner or operator shall provide for daily removal
of trash, litter, and debris from the premises and on all abutting sidewalks
within 20 feet of the premises. Graffiti shall be removed within 48 hours of
written notice from the City.
14. 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 sale of food and gross sale of
beverages of the licensed business. Said records shall be kept no less
frequently than on a quarterly basis and shall be made available to the
Planning Department on demand.
15. The operator of the restaurant facility shall be responsible for the control of
noise generated by the subject facility. The noise generated by the proposed
use shall comply with the provisions of the Newport Beach Municipal Code.
16. The alcoholic beverage outlet operator shall take reasonable steps to
discourage and correct objectionable conditions that constitute a nuisance in
parking areas, sidewalks, and areas surrounding the alcoholic beverage
outlet and adjacent properties during business hours, if directly related to the
patrons of the subject alcoholic beverage outlet. If the operator fails to
discourage or correct nuisances, the Planning Commission may review,
modify, or revoke this Use Permit in accordance with Chapter 20.96 of the
Zoning Code.
17. A Special Events Permit is required for any event or promotional activity
outside the normal operational characteristics of this restaurant business that
would attract large crowds, involve the sale of alcoholic beverages, include
any form of on -site media broadcast, or any other activities as specified in the
Newport Beach Municipal Code to require such permits.
18. Petitioner shall not share any profits, or pay any percentage or commission to
a promoter or any other person, based upon moneys collected as a door
charge, cover charge, or any other form of admission charge, including
minimum drink orders or the sale of drinks.
19. Any event or activity staged by an outside promoter or entity, where the
restaurant owner or his employees or representatives share in any profits, or
pay any percentage or commission to a promoter or any other person, based
upon moneys collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders or sale of drinks is
prohibited.
Planning Commission Resolution No. _
Page 7 of 8
20. The applicant shall comply with all federal, State, and local laws. Material
violation of any of those laws in connection with the use will be cause for
revocation of this permit.
21. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 41 in conjunction with the service
of food as the principal use of the facility. Any upgrade in the alcoholic
beverage license shall be subject to the approval of an amendment to this
application and may require the approval of the Planning Commission.
22. That the Planning Commission may add to or modify conditions of approval to
this Use Permit, or recommend to the City Council the revocation of this Use
Permit, upon a determination that the operation which is subject of this Use
Permit causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
23. Any changes in operational characteristics, hours of operation, expansion in
area, or modification to the floor plan, shall require an amendment to this Use
Permit or the processing of a new use permit, unless otherwise approved by
the Planning Department.
24. Should the business subject to the Use Permit conditioned herein be sold or
otherwise come under different ownership or a change in operators, any
future owners, operators, or tenants shall be notified of the conditions of this
approval by either the current business owner, property owner, or the leasing
agent.
25. 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.
26. Approval does not permit the premises to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Municipal Code, unless the Planning
Commission first approves a use permit.
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Planning Commission Resolution No. _
Paqe 8 of 8
27. This Use Permit shall be terminated if the operation is no longer maintained
as a "bona fide public eating place" as defined by the California Department
of Alcoholic Beverage Control.
28. That this Use Permit shall expire unless exercised within twenty -four months
from the date of approval as specified in Section 20.91.50 of the Newport
Beach Municipal Code.
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Exhibit No. 2
Project plans
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Exhibit No. 3
Police Department Review
IN
City of Newport Beach
Police Department
December 6, 2007
TO: Fern Nueno, Staff Planner
FROM: Detective Dave Stark
SUBJECT: Bay Burger Company - Project Review UP2007 -027
600 E. Bay Avenue #A -7
At your request, the Police Department has reviewed the project application for
Bay Burger Company, located at 600 E. Bay Avenue #A -7, Newport Beach. This
location is currently operating as a hamburger restaurant. The project proposal
consists of allowing beer and wine sales at their existing location pursuant to an
ABC Type 41 License (On -Sale Beer and Wine).
We have included a report by Police Department Crime Analyst Paul Salenko
that provides detailed statistical information related to calls for service in and
around the applicant's place of business.
Applicant History:
The applicant/owner of Bay Burger Company is Christopher Roman who has
owned the business for eight months. He advised that the location has been a
hamburger restaurant for approximately six years. Prior to coming to Newport
Beach last year, Mr. Roman worked in the restaurant business in New York. He
has over 12 years of experience in the industry.
Signs and Displays
We advise that any signs and displays conform to the City requirements.
Hours of Operation
7:00 am to 10:00 pm.
Security:
No recommendations from the Police Department.
Employee Training:
Require all owners, managers and employees serving and/or selling alcoholic
beverages to undergo and successfully complete a certified training program in
responsible methods and skills for serving and selling alcoholic beverages.
Additional Comments:
Outside of these recommendations, the Police Department has no objections to
the basic operations as described by the applicant and, upon approval of the
CUP, will condition the ABC license as necessary to maintain the health, safety
and welfare of the community.
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For the purposes of this application, staff may also want to consider establishing
conditions that would require a City of Newport Beach Special Event Permit. A
permit should be required for any event or promotional activity outside the normal
operational characteristics of the proposed business. For example, events which
are likely to attract large crowds or those for which an admission fee is charged,
events that include any form of party or contract promoters, or any other activities
as specified in the Newport Beach Municipal Code which require such permits. It
may also be appropriate to establish conditions that would address possible
future uses in the event this business evolves towards a traditional bar -type
establishment.
In addition, the Police Department believes the following conditions would be
appropriate for the Conditional Use Permit for the establishment:
Approval does not permit the premises to operate as a bar, tavern,
cocktail lounge or nightclub as defined by the Municipal Code, unless the
Planning Commission first approves a Use Permit.
2. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the license.
3. 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.
4. Petitioner shall not share any profits, or pay any percentage or
commission to a promoter or any other person, based upon moneys
collected as a door charge, cover charge, or any other form of admission
charge, including minimum drink orders or the sale of drinks.
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 sale of food and the
gross sales of alcoholic beverages of the licensed business. Said records
shall be kept no less frequently than on a quarterly basis and shall be
made available to the Department on demand.
If you have any questions, please contact Detective Dave Stark,
Vice /intelligence, at (949) 644 -3706.
Submitted by:
Dave Stark, Detective
Approved by:
AnDesmond, ZWA
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Detective Division Commander
City of Newport Beach
Police Department
Memorandum
March 24, 2008
TO: Fern Nueno, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Bay Burger Company at
600 East Bay Ave, A -7. This area encompasses our reporting district (RD) number 12 as well
as part of Census Tract 628. This report reflects City of Newport Beach crime data for
calendar year 2007, which is the most current data available.
Calls for Service Information
City wide there were approximately 61,060 calls for police services during this time, of which
2,172 were in RD 12. A "call for service' is, any contact of the police department by a citizen
which results in the dispatching of a unit or causes the contacted employee to take some sort
of action, such as criminal investigations, alarm responses, traffic accidents, parking
problems, and animal control calls, etc.
Crime Information
There were 6,637 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,925 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
3,712 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,620.05 per 100,000 people. The national Part One crime rate was 4,063.4* per
100,000 people.
Crimes
RD 12
Newport Beach
California*
National*
Part 1
102
2,925
1,390,709
11,556,854
Part 2
74
3,712
N/A
N/A
Part 1Crime Rate
6,017.70
3,620.05
3,848.95
3,898.94
The number of active ABC licenses in this RD is 35 **
Per capita ratio 1 license for every 48 residents.
This reporting district had a total of 228 reported crimes as compared to a City wide
reporting district average of 175 reported crimes. This reporting district is 52 crimes more or
22.81 % above the City wide reporting district average. This location is not within an area
where the number of crimes is at least 75% higher than the average of all reporting districts in
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the City as outlined in the City Council "K -7" policy. This location is within an RD that is
over the Orange County per capita average of ABC licenses**.
Arrest Information
There were 12 DUI arrests and 40 Plain Drunk arrest in this area during this same period as
compared to 1,471 for the entire city. This RD amounts to 3.54% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests RD 12 Newport Beach
(DUI/Drunk) 52 1,471
Total Arrests 117 3,345
California* National*
N/A N/A
1,457,151 9,579,611
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 13 and RD 15
Crimes
RD 13
RD 15
Part 1
97
326
Part 2
99
258
Crime Rate
5,309.25
11,531.66
Arrests (DUI/Drunk)
55
461
Total Arrests
132
831
Calls For Service
2,907
7,322
Number of active ABC licenses
5 **
90 **
Per capita ratiol license for every
365* residents
31* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 80,800.
*These numbers are from the 2006 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
33
Exhibit No. 4
Police Department Reporting District Map
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Exhibit No. 5
Applicant's project narrative
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APPLICANT: Bay Burger Company, LLC dba "Bay Burger Company"
REQUEST: Approval of Conditional Use Permit Permitting the On -Sale of
Beer & Wine in Conjunction With The Operation of a Restaurant.
PROPOSED USE: Existing Restaurant With On -Sale Service of Beer & Wine
ADDRESS: 600 E. Bay Avenue, Suite A7
Newport Beach ( "Fun Zone "), CA 92661
PROJECT NARRATIVE
The proposed project is for the approval of on -sale beer & wine privileges for an existing
restaurant located within the "Fun Zone" regional entertainment and shopping area. The
existing restaurant is "Bay Burger Company" restaurant. Bay Burger Company is a
casual family restaurant serving a variety of burgers.
This request is to permit the sale of beer and wine for on -sale consumption in conjunction
with the operations of the restaurant. Service of beer and wine is made for the
convenience of patrons dining at the restaurant. No interior or exterior improvements or
changes are proposed for this project.
The subject property is located within the Fun Zone, a regional entertainment and
shopping area. The site is bounded by other commercial and retail uses. The existing
restaurant will continue to serve the local residents of the surrounding community and
tourists that patronize the Fun Zone.
The existing restaurant has a total area of approximately 1,449 square feet. The existing
restaurant is open seven (7) days a week. The proposed hours of operation are 8:00 AM
to 11:00 PM seven (7) days a week. Hours may be shorter depending on the season.
The project will employ approximately 3 to 6 employees (depending on the season) that
would be on -site at one time.
The surrounding land uses are as follows:
North:
Harbor channel.
South:
Commercial/Retail.
East:
Commercial/Retail.
West:
Commercial/Retail.
3