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HomeMy WebLinkAboutExhibit 8Exhibit No. 8 ql City of Newport Beach Police Department May 28, 2008 TO: Janet Johnson Brown, Staff Planner FROM: Detective Dave Stark SUBJECT: 930 Sushi (Use Permit 3649) 930 West Coast Highway The Police Department has reviewed the project request for 930 Sushi, located at 930 West Coast Highway, Newport Beach. The applicant requests to amend Use Permit No. 3649 to allow a 550 square foot expansion and to change their ABC License from a Type 41 (On -Sale Beer and Wine) to a Type 47 License (On -Sale General). The applicant states that the added square footage is to be used as a bar and cocktail lounge and will be open after 5:00 p.m. only. The current ABC License and CUP allows only beer and wine to be served until midnight, seven days a week. The Police Department is concerned about the potential negative impact the applicant's request will have on the quality of life in the neighborhood. These concerns are based on the current over concentration of ABC Licenses in the area and the potential activities of future owner /operators of this location who would operate under the new conditions. Also, this location borders a residential neighborhood which creates the potential for noise and other disruptions which may result from increased activity at this location. We have included a report prepared for reference by Police Department Crime Analyst Paul Salenko in support of our concerns that provides detailed statistical information related to calls for service in and around the applicant's place of business. Applicant History: 930 Sushi has been open since 2002. Prior to 2002, the location operated as Galeo's Cafe since 1996. This location is currently operating under the CUP that was issued in 1999 for Galeo's Cafe. I spoke with the applicants who explained that the purpose of the expansion and change in ABC license type is to create a comfortable waiting area for restaurant customers who, on crowded nights, are currently forced to wait outside in the parking lot until their seats are ready. On 930 Sushi CUP 3649 Page 2 of 4 their busiest nights (Friday and Saturday), they take their last food orders at 10:30 p.m. The owners are aware that the rear of their business is a residential neighborhood and restricting the potential for additional noise is important to the community. Hours of Operation: If the applicant's request were approved to allow the change in the Alcohol License, the Police Department requests changes in the CUP to include changes in the hours of operation. The proposed bar /lounge area shall operate between the hours of 5:00 p.m. and 10:00 p.m. which is sufficient to meet the stated intent of this new area. Security: Require the applicant to develop an approved security plan designed to ensure compliance with applicable state and local laws, and the conditions of the ABC license, the use permit, and other such permits issued by the City. 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 alcohol beverages. Additional Comments: For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit should be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. Examples of these types of events are those likely to attract large crowds, events where an admission fee is charged, those that include any form of party or contract promoters and any other activities that are specified in the Newport Beach Municipal Code requiring such permits. In addition, the Police Department believes the following conditions would be appropriate for the Conditional Use Permit for the establishment: 1. Approval does not permit the premises to operate as a 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. q` 930 Sushi CUP 3649 Page 3 of 4 3. 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. 4. 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. 5. 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. 6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross 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. 7. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit as issued by the City of Newport Beach. 8. There shall be no dancing allowed on the premises. 9. There shall be no live entertainment of any type (including no amplified music) on the premises at any time. 10. The proposed bar /lounge area operating under the ABC Type 47 License shall operate between the hours of 5:00 p.m. and 10:00 p.m. The Police Department is required to spend time and resources policing the general area in and around the applicant's location which includes several other restaurants operating under ABC Type 47 Licenses. Some of the problems encountered in this area include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisance offenses. This area also experiences heavy vehicular congestion on weekends, holidays and during the summer months and is one of the busier areas of the city. In reviewing the proposed Use Permit modifications, the Police Department must not only consider the current applicants representing this location but also take steps to )6b 930 Sushi CUP 3649 Page 4 of 4 cover the potential actions of owner /operators at this location operating under this use permit In summary, the Police Department can only recommend approval of the requested modifications to the Use Permit if the above conditions are enacted. Without the above added conditions, we believe the modifications (and change in ABC License) will have a negative impact on the surrounding area and require additional police services. Submitted by: 4 - 6'8 Detective Dave Stark Vice and Intelligence Unit bbl City of Newport Beach Police Department Memorandum May 21, 2008 TO: Janet Johnson Brown, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the 930 Sushi at 930 West Coast Hwy. This area encompasses our reporting district (RD) number 26 as well as part of Census Tract 634. 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 2,222 were in RD 26. 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 26 Newport Beach California* National* Part 1 105 2,925 1,390,709 11,556,854 Part 2 79 3,712 N/A N/A Part 1Crime Rate 3,960.77 3,620.05 3,848.95 3,898.94 The number of active ABC licenses in this RD is 14 ** Per capita ratio 1 license for every 189 residents. This reporting district had a total of 238 reported crimes as compared to a City wide reporting district average of 175 reported crimes. This reporting district is 63 crimes more or 36.27% 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 the City as outlined in the City Council "K -T' policy. This location is within an RD that is over the Orange County per capita average of ABC licenses**. Arrest Information There were 27 DUI arrests and 27 Plain Drunk arrest in this area during this same period as compared to 1,471 for the entire city. This RD amounts to 3.67% 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 26 Newport Beach (DUT/Drunk) 54 1,471 Total Arrests 129 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 25 and RD 41 Crimes RD 25 RD 41 Part 1 109 58 Part 2 118 35 Crime Rate 3,937.86 3,133.44 Arrests (DUVDrunk) 36 40 Total Arrests 91 71 Calls For Service 2,780 1,293 Number of active ABC licenses 28 ** 10 ** Per capita ratiol license for every 99* residents 185* 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 84,218. *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 10