HomeMy WebLinkAboutExhibit 6Exhibit No. 6
51
Planning Commission Minutes 07/07/2005 Page 9 of 17
with the project, the square°fw(age of the project shall be reduceo �250
square feet for each space not created.'
Commissioner Hawkins stated that he reviewed the proposed resolution
approving the use and that he regards on- street parking as fungible and does
not see that the locations of these on- street parking spaces are unique in any
ense. He believes that anyone else can use this argument eliminating a curb
ut and gaining additional parking spaces. He stated his opposition to the
motion and the waiver.
yes:
Cole, Toerge, Tucker, and Henn
Noes:
Eaton, Hawkins
bsent:
McDaniel
bstain:
None
OBJECT: Hamburger Mary's Bar and Grille Restaurant (PA2005 -087)
ITEM NO.4
4221 Dolphin Striker Way
PA2005 -087
The applicant requests approval of an amendment to an existing Use Permit to
Approved
'low an existing restaurant to have live entertainment and dancing.
Ms. Ung gave an overview of the staff report noting that there is no provision for
ive entertainment and dancing with the existing use permit and that is the
reason for this application. Additionally, the applicant is proposing a smoking
area outside with no food service provided.
Chairperson Toerge asked what the difference was between a live
entertainment permit and a special event permit.
Ms. Temple answered that a live entertainment permit is approved by the City
Manager and issued through the Revenue Division of the Administrative Service
Department. It is issued to a person or a business and stays in affect so long as
that person or establishment wishes to retain it. A special event permit is a
specialized permit intended to address one time, or a once in a while event, and
are also issued by the City Manager but are reviewed and approved by the
pity's Recreation and Senior Services Department. The reason why this
lepartment is the issuing entity is because most of our special events are
:vents that occur in our public parks. The special event permit process is much
nore extensive in that all of the affected departments also participate in the
•eview such as Genera' Services, Police, Fire, Planning, and Building
)epartments.
itan Sax, applicant, noted the following:
• 60% of our volume will be food.
• If the kitchen is open after 9 p.m., we will increase our volume and that is
why we are asking for the live entertainment.
• We feel we can do this with karaoke, charity events and singers at our
location.
kt Commission inquiry, Mr. Sax noted the kitchen will be open as long as the
iperation is open. The hours are 11 a.m. to 2 a.m.
5q
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Planning
Commission Minutes 07/07/2005
Page 10 of 17
Commissioner Tucker asked.
• The smoking patio, what is the treatment along the easterly edge on
MacArthur?
• How far is the nearest hotel from that smoking area?
• Is the building on the east side being changed?
• Is there a prohibition of outdoor speakers on the patio?
Mr. Sax answered:
• There is a four foot high wall with plantings so that it is not wide open.
• The plans show a door that will be glass from the actual building onto the
smoking patio.
• No change to the exterior of the building other than painting and the
addition of the patio.
• There is a prohibition of speakers on the patio.
Ms. Temple answered the closest hotel is the Radisson one block down on
MacArthur Boulevard.
Commissioner Eaton asked about the palm trees on the smoking patio.
Mr. Sax answered that the palm trees are being saved and the patio will be built
round it so there is no touching of the trees.
Chairperson Toerge referenced condition 20, noting we are not approving a bar,
tavern cocktail lounge or nightclub. Condition 16 states that the full menu will
be available at all times. He then asked the applicant if he had read and agrees
o the findings and conditions as contained in the staff report.
r. Sax answered yes.
Motion was made by Commissioner Cole to approve Use Permit No. 2005 -018
with all the conditions of approval prepared by staff in the report.
Chairperson Toerge noted that he sees no issues with these hours of operation
or the exterior smoking patio as the establishment is in the airport area.
ommissioner Hawkins noted a proposed change to condition 20 - add, ....'or
other commercial recreational and entertainment uses as derrned by
Municipal Code Section 20.05.050 subsection P, which is the requirement
hat discusses those uses. The second proposed change was to condition 27 -
trike throughout that section 'alcoholic beverage outlet and put'resfauranC.
He then proposed to remove the verbiage ...if directly related to the patrons of
the subject alcoholic beverage outlet.
Ms. Temple noted that the City's Zoning Code does not have any use
classification for restaurant. If you wish to delete the 'alcoholic beverage outlet
reference,
it should be changed to 'eating and drinking establishment'.
Commissioner Tucker noted alcoholic beverage outlet operator really means
that beverages the Even that has 90% of
6
one sells alcohol on site. a restaurant
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Planning Commission Minutes 07/07/2005 Page 11 of 17
i
heir sales as food and has the authority and exercises the authornyfo sell
alcoholic beverages is an alcoholic beverage outlet operator. is that not?
s. Temple answered it is, also definitionaly in our Alcohol Beverage Outlet
rdinance but the change sought since this is not an ABO Use Permit would
fuse us any problems from an enforcement perspective.
issioner Tucker asked that the section cited by read.
istant City Attorney Harp read a portion of Newport Beach Municipal Code
tion 20.05.050 subsection I, into the record which provides as follows:
mmercial Recreation and Entertainment. Provision of participant or
stator recreation or entertainment. This classification includes cinemas,
iters sports stadiums and arenas, amusement parks, bowling alleys, billiard
ors, pool rooms, dance halls, ice /roller skating rinks, golf courses, miniature
courses, scale -model courses, shooting galleries, tennis /racquetball courts,
ides or electronic games center shaving three or more coin - operated game
hines and card rooms. This classification does not include adult- oriented
- - - - -- p
comment was opened.
n Sax said this was rather confusing as they are not going to have games,
oting galleries etc. He stated he does not see how this applies.
irperson Toerge stated he is suggesting that this exclusion does not allow
items in Section 20.05.050 Subsection I.
Sax stated he agrees.
nmissioner Tucker asked for clarification on the rest of the proposed
nges sought by Commissioner Hawkins.
Commissioner Hawkins answered condition 27 on page 27 strike throughout
that section 'alcoholic beverage outlet and put'restaurant. He then proposed
to remove the verbiage ...if directly related to the patrons of the subject alcoholic
everaae outlet
motion to reflect these
a. Tucker and Henn
None
McDaniel
None
�T: Comprehensive Sign Code Update and Sign Design Guidelines ITEM NO. S
(PA2005 -091) I PA2005 -091
s Amendment No. 2005 -005 to amend Municipal Code Chapter 20.67 Recommended
ald to sign standards applicable to all signs on a citywide basis with the for approval
ption of the Newport Coast and Ridge Planned Communities, and where
regulations are not referenced in the Santa Ana Heights Specific Plan are
all other commercially -zoned Planned Communities. The Balboa Sign
http: / /www. city.newport- beach.ca.us/PlnAgendas /2005 /mn07- 07- 05.htm 11/15/2007
.'
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CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
July 7, 2005
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
rungt -city. newport- beach.ca. us
(949) 644 -3208
SUBJECT: Hamburger Mary's Bar and Grille
Use Permit No. 2005 -018 (PA2005 -087)
4221 Dolphin Striker Way
APPLICANT: Hamburger Mary's Bar and Grille
REQUEST
The applicant requests approval of an amendment to an existing Use Permit to allow an
existing restaurant to have live entertainment and dancing.
RECOMMENDATION
Staff recommends that the Planning Commission approve Use Permit No. 2005 -018, to
allow Hamburger Mary's Bar and Grille to have live entertainment and dancing in
conjunction with their restaurant operation.
DISCUSSION
Background
The subject property was originally developed as El Torito Restaurant in 1973, prior to
the need to obtain a use permit. In 1985, the Planning Commission considered and
approved Use Permit No. 3162, as use permits were then required for restaurants, to
allow the use of an open courtyard area for dining and drinking purposes (Exhibit 2).
Hamburger Mary's Bay and Grille (PA2005 -087)
July 7, 2005
Page 3 of 7
El Torito Restaurant had at that time a Type "47" On -Sale General Eating Place license
and 2 strolling musicians for entertainment with no stage or amplified sound system.
Additionally, the approved floor plan shows a piano bar located in the lounge area.
These types of entertainment did not meet the definition of live entertainment pursuant
to the Municipal Code and, therefore, did not require a live entertainment permit or a
Use Permit approval by the City. Consequently, no live entertainment with amplified
sound or dancing was ever requested and, therefore, was not authorized under the
existing Use Permit.
In 1994, the eating establishment had a change of ownership. Trophy's Sport Bar took
over the establishment and the alcohol license. Several minor changes to the building
exterior and interior were made including the conversion of the former courtyard dining
area to a main bar and the enclosure of an interior dining area immediately east of the
main bar area to create a separate lounge /bar area. The overall footprint of the
establishment remained unchanged and the current permitted occupancy load is 299
persons. Since 1994, Trophy's Sport Bar has been operating under Use Permit No.
3162 without providing live entertainment or dancing.
In checking with the Police Department and the Department of Alcoholic Beverage
Control, it was revealed that the current ABC license for Trophy's Sport Bar has several
operating conditions placed by the Department of Alcoholic Beverage Control. One of
the conditions specified that there will be no amplified music or dancing allowed on the
premises.
Site /Project Overview
The subject property is located on the westerly side of MacArthur Boulevard, between
Martingale Way and Newport Place Drive. An irregularly- shaped lot, the property is
approximately 1.107 acres in size and is improved with a 7,996 square foot single -story
commercial building. The existing building is situated at the southeast corner of the
property, adjacent to MacArthur Boulevard. The site is one of three restaurant sites that
have a common parking area.
Analysis
The provision of dancing and live entertainment requested by the applicant is a major
change in operational characteristics requiring a Use Permit or an amendment to an
existing Use Permit, according to Section 20.82.060.A.2 of the Municipal Code.
General Plan
The site is designated as Administrative, Professional & Financial Commercial by the
General Plan Land Use Element. Eating and drinking establishments are permitted uses
in the Administrative, Professional and Financial Commercial land use designation.
�k
Hamburger Mary's Bar Ad Grille (PA2005 -087)
July 7, 2005
Page 4 of 7
Zoning
The subject property has a zoning designation of PC -11 (Newport Place Planned
Community). The existing restaurant facility is permitted within the planned community as
the site is located within Restaurant Site No. 1. The Newport Place Planned Community
text regulations do not address live entertainment or dancing specifically. Staff believes
that as lorig, as these activities remain accessory to the primary use of the site as a,'
restaurant, five entertainment and dancing can be considered as permitted activities
provided the operator obtains Live Entertainment and Cafe Dancing Permits in
accordance with Title 5 of the Municipal Code.
Proposed Restaurant Operation
Hamburger Mary's Bar and Grille has eleven (11) franchised restaurants throughout the
country, according to the applicant. All restaurants have casual a dining theme and
utilize the same menu with alcoholic beverages and live entertainment and dancing
(see Exhibit 4). The Newport Beach location will be a corporately -owned restaurant and
serve as the training center for other franchise operations. The restaurant will be open
seven days a week. The proposed hours of operation are from 11:00 a.m. to 2:00 a.m.
The number of employees during peak hours will vary between 40-45 persons.
The 7,996 square foot restaurant has a Net Public Area (NPA) of approximately 4,162
square feet, which includes the dining areas, bar and lounge areas, the waiting area,
and a proposed 330 square -foot outdoor smoking patio. The remaining floor area of
3,834 square feet is devoted to accessory uses ( kitchen /storage /office /restroom). The
overall net public area for Hamburger Mary's Bar and Grille will remain the same as the
previous restaurant.
The current posted occupancy level issued by the Building Department on May 26,
1995 for Trophy's Sport Bar is 299 persons (160 persons in the general dining areas,
28 persons in the private lounge /bar area, 87 persons in the main bar area and 24
persons in the waiting area). This calculation does not include the restaurant's
employees. The applicant is proposing minor changes to the interior of the building.
These changes include: the removal of the private lounge /bar area to create a stage
and a dance floor with a small dressing room; the addition of new wood flooring around
the bar area and the dance floor, the replacement of dining booths; the installation of
new lighting and colorful posters throughout the interior; and the installation of large
plasma TV screens around the bar area. The proposed occupancy level after the
renovation will be 265 persons, a reduction of 34 persons from the previous restaurant.
�5
Hamburger Mary's Ba ..,nd
Live Entertainment and Dancing
Grille (PA2005 -087)
July 7, 2005
Page 5 of 7
In addition to the background music provided during lunch, the applicant is proposing to
have a disc jockey provide background music until 9:00 p.m. After this hour, Thursdays
through Sundays, the disc jockey will provide music for dancing. No cover charge will
be required for dancing and, therefore, this activity will require a Cafe Dancing permit
issued by the City Manager office. It should be noted that when a cover charge for entry
to the establishment is required, the Municipal Code would define the activity as a
dance hall per Title 5 of the Municipal Code. This use is classified as a commercial
recreational use by Title 20 of the Municipal Code and is associated with nightclubs. In
order to discourage a future operator from operating a nightclub, staff suggests
prohibiting cover charges.
Live entertainment is also proposed during the evening hours. Live entertainment will
include a singer with an accompanying pianist; a live comic (from HBO or local talent);
cabaret acts such as karaoke or talent shows; and charity bingo with a local N star
calling the numbers; and similar acts. A Live Entertainment permit approved by the City
Manager's office will be required.
Parking
Use Permit No. 3162 established the off - street parking requirement for the restaurant
use of one parking space for each 40 square feet of "net public area ". According to
these criteria, the restaurant must provide a minimum of 105 spaces (4,162/40):89 on-
site and 16 off -site. At the present time, the site has a total of 89 parking spaces. These
spaces are also a part of a parking pool to be shared with the adjacent properties
(Classis Q Billiards and the former Mermaids). The 16 off -site parking spaces located
on the 5"' floor of the US Bank's parking structure, at 1500 Dove Street and 4141
MacArthur Boulevard, are still in place for the restaurant use through the recordation of
a parking agreement (Exhibit 5). These off -site parking spaces will be used by the
employees. As the applicant is not proposing to increase the over all net public area
and there is a decrease in the occupancy load, staff believes that the existing parking
ratio and off -site parking arrangement is adequate to accommodate the existing
restaurant and its ancillary activities.
Newport Beach Police Department Concerns
The Newport Beach Police Department provided staff with a comprehensive report,
which is attached to this staff report as Exhibit 3. In the report, the Police Department
cites the addition of live entertainment and dancing, based on their experiences with
other similar establishments, increases the consumption of alcohol by patrons and
inherently increases the probability of an increase in alcohol related calls for service.
The volume of these types of calls is often related to the quality of the operation
conducted by the business operator.
Vk
i
Hamburger Mary's Bat ehd Grille (PA2005 -087)
July 7, 2005
Page 6 of 7
Use Permit Findings
The Zoning Code requires the Planning Commission to make certain findings for use
permits. These findings are listed and discussed below.
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
2. 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.
3. 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.
Staff believes that the findings above for approval can be met in that it is not likely that
the operation will prove detrimental to the community should it comply with all the
conditions of approval. The restaurant is located within the airport commercial area and
staff believes the location of the site and the lack of residential uses in the vicinity makes
this an acceptable location for the restaurant to have dancing and live entertainment as
accessory activities to the restaurant. The surrounding land uses are dominated by
commercial and professional offices. Restaurant uses with ancillary dancing and live
entertainment can be expected to be found in this and similar locations and are
complimentary to the commercial uses such as the Classic Q Billiard and planned Indian
cuisine restaurant at the former Mermaids site.
Potential increases in alcohol related crimes in the area and the concerns of the Police
Department are cause for concern and caution. Adequate on -site security forces would
reduce potential public nuisances. With the strict adherence to the proposed conditions
of approval, the establishment should prove not to be a nuisance to the neighborhood.
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 under Class 1 (Existing
Facilities). There will be no significant environmental impact as the existing restaurant is
located in a fully developed area. The site is also devoid of any significant environmental
resources and no new construction is proposed.
Public Notice
Hamburger Mary's B.. and Grille (PA2005 -087)
July 7, 2005
Page 7 of 7
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 10 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.
Alternative
The Planning Commission may determine that the site is not suitable for live
entertainment and dancing as proposed and deny the application.
Conclusion
Within the attached resolution for approval, staff has incorporated applicable conditions
from Use Permit No. 3162 (Condition Nos. 1 through 7). Staff has eliminated Condition
No. 2 that has been previously complied with and minor alterations have been made to
ensure long term enforcement. Conditions Nos. 7 through 41 are new conditions
suggested by staff to ensure compatibility of the proposed uses and to avoid potential
future nuisance issues.
Prepared by: Submitted by:
Rosalinh Ung, Associate Planner Patricia L. Temple, Planning Director
Exhibits
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Motion
Ayes
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1XI
j,AR PLANNING COMMISSION MEETINt i 1
Pj:ACE: City Council Chambers MINUTES
TIME: 7:30 P.M. .
DATE: October 24, 1985
City of Newport Beach
INDEX
FF O MEMBERS PRESENT:
.Tames D. H ker Planning Director
Carol Korade, istant City Attorney
* r «
STAFF MEMBERS PRESENTz
William R. Laycock, Current Pl' ing Administrator
Donald Webb, City Engineer
Dee Edwards, Secretary
* • t
Minutes of October 10, 1985- Minutes
of
Motion was made for approval of the October Nvote 10 -10 -85
Planning Commission Minutes, as amended. Mot
on, MOTION CARRIED.
* x x
Use Permit No. 3162 (Continued Public Hearing) I Item No.i
Request to permit the expansion of the existing E1 UP3162
Torito Restaurant located in the Newport Place Planned
Community so as to allow the use of an existing open Approved
courtyard for dining and drinking purposes. The Condition-
Proposal also includes a request to allow the addi7 ally
tional required off - street parking spaces to be provi-
ded on an adjoining office building site under the same
ownership as the restaurant site.
LOCATION: Parcel 1 of Parcel Map 45 -23 (Resub-
division No.- 347), located at 4221.
Dolphin- Striker Way, westerly of Mac-
Arthur Boulevard, between Martingale Way
and Newport Place Drive in Newport
Place.
ZONE: P-C
APPLICANT: Stuart Ketchum, Los Angeles
OWNER: Same as applicant
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Beach
MINUTES
The public hearing was opened in connection with this
item, and Mr. Patrick O'Daly, representing the
applicant, appeared before the Planning Commission.
Mr. O'Daly stated that the applicant concurs with the
findings and conditions of approval in Exhibit "A ".
The public hearing was closed at this time. Motion was
made to approve Use Permit No. 3162, subject to the
findings and conditions of approval in Exhibit "A ".
Motion voted on, MOTION CARRIED.
FINDINGS:
1. That the existing restaurant use is consistent
with the Land Use Element of the General Plan and
with the Planned Community Development Standards
for "Newport Place."
2. That adequate parking will be provided for the
proposed addition to the restaurant.
3. That the proposed off -site parking is located so
as to be useful in connection with the proposed
restaurant operation.
4. That the Police Department has no objections to
the proposed expansion.
5. The approval of Use Permit No. 3162 will not,
under the circumstances of this case be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That the restaurant operation shall be in substan-
tial conformance with the approved plot plan and
floor plan, except as noted below.
2. That a sidewalk be provided between the existing
and proposed parking areas and that the ;pedestrian
and vehicular circulation systems be subject to I
further review and approval by the City. Traffic
Engineer.
-2-
-16
COMMISSIONERS
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MINUTES
The public hearing was opened in connection with this
item, and Mr. Patrick O'Daly, representing the
applicant, appeared before the Planning Commission.
Mr. O'Daly stated that the applicant concurs with the
findings and conditions of approval in Exhibit "A ".
The public hearing was closed at this time. Motion was
made to approve Use Permit No. 3162, subject to the
findings and conditions of approval in Exhibit "A ".
Motion voted on, MOTION CARRIED.
FINDINGS:
1. That the existing restaurant use is consistent
with the Land Use Element of the General Plan and
with the Planned Community Development Standards
for "Newport Place."
2. That adequate parking will be provided for the
proposed addition to the restaurant.
3. That the proposed off -site parking is located so
as to be useful in connection with the proposed
restaurant operation.
4. That the Police Department has no objections to
the proposed expansion.
5. The approval of Use Permit No. 3162 will not,
under the circumstances of this case be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That the restaurant operation shall be in substan-
tial conformance with the approved plot plan and
floor plan, except as noted below.
2. That a sidewalk be provided between the existing
and proposed parking areas and that the ;pedestrian
and vehicular circulation systems be subject to I
further review and approval by the City. Traffic
Engineer.
-2-
-16
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COM AUSSIONERSJ fiber 24, 1985
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3. That a minimum of one parking space for each 40
sq.ft. of "net public area" shall be provided for
the subject restaurant.
4. That a minimum of 16 off -site parking spaces shall
be provided on property described as Parcel No. 1
Parcel Map 83 -705, located at.1500 Dove Street and
4141 MacArthur Boulevard. Said parking spaces
shall be provided for the duration of the restau-
rant's use of the courtyard dining area.
S. That the applicant shall record a covenant against
the property comprising the approved off -site
parking location, the form,and content of which is
acceptable to the City Attorney, binding the
applicant and its successors in interest in
perpetuity, to provide a minimum of. 16 parking
spaces for the subject restaurant. This covenant
shall continue in effect until such time as the
restaurant discontinues the use of the courtyard
dining area or suitable replacement parking is
provided at a location acceptable to the Planning
Commission. However, if such off -site parking is
lost for an interim period only, due to new
construction on -site, suitable interim parking may
be approved by the City Traffic Engineer.
6. That the restaurant employees shall be required to
use the 16 off -site parking spaces.
7. 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 the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
Request mend a previously approved., modification
application, aI ermitted the construction of -buil-
dings that encroach kin 5 feet of a rear property
line, and related off -str arking and landscape
planter areas that encroach to r property lines
1 .1 on both sides of an existing 30 foot wi ey (where
the Ordinance requires a minimum SO foot re and
MINUTES
Item No.2
Mod.No.904
(Amended)
Approved
Condition-
ally
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3. That a minimum of one parking space for each 40
sq.ft. of "net public area" shall be provided for
the subject restaurant.
4. That a minimum of 16 off -site parking spaces shall
be provided on property described as Parcel No. 1
Parcel Map 83 -705, located at.1500 Dove Street and
4141 MacArthur Boulevard. Said parking spaces
shall be provided for the duration of the restau-
rant's use of the courtyard dining area.
S. That the applicant shall record a covenant against
the property comprising the approved off -site
parking location, the form,and content of which is
acceptable to the City Attorney, binding the
applicant and its successors in interest in
perpetuity, to provide a minimum of. 16 parking
spaces for the subject restaurant. This covenant
shall continue in effect until such time as the
restaurant discontinues the use of the courtyard
dining area or suitable replacement parking is
provided at a location acceptable to the Planning
Commission. However, if such off -site parking is
lost for an interim period only, due to new
construction on -site, suitable interim parking may
be approved by the City Traffic Engineer.
6. That the restaurant employees shall be required to
use the 16 off -site parking spaces.
7. 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 the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
Request mend a previously approved., modification
application, aI ermitted the construction of -buil-
dings that encroach kin 5 feet of a rear property
line, and related off -str arking and landscape
planter areas that encroach to r property lines
1 .1 on both sides of an existing 30 foot wi ey (where
the Ordinance requires a minimum SO foot re and
MINUTES
Item No.2
Mod.No.904
(Amended)
Approved
Condition-
ally
1 I f I I I I 1 -3- 1 -A�
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EXHIBIT 3
POLICE DEPARTMENT REPORT d
}
City of Newport Beach
Police Department
Memorandum
April 26, 2005
TO: Rosalinh Ung, Staff Planner
FROM. Paul Salenko, Crime Analyst
SUBJECT. Alcohol Related Statistics
At your request, our offibe has reviewed police services data for the Hamburger Mary's Bar
& Grille at 4221 Dolphin Striker Way. This area encompasses our reporting district (RD)
number 34 as well as part of Census Tract 626.10. This report reflects City of Newport Beach
crime data for calendar year 2004, which is the most current data available.
Calls for Service Information
City wide there was 60,468 calls for police services during this time, of which 2,596 were in
RD 34. 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 5,889 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,508 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
3,381 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,314.74 per 100,000 people. The national Part One crime rate was 4,063.4* per
100,000 people.
Crimes RD 34 Newport Beach California*
National*
Part 1 150 2,508 1,420,637
11,816,782
Part 2 88 3,381 N/A
N/A
Part 1CrimeRate 937,500.00 3,314.74 4,003.5 "
4,063.4
The number of active ABC licenses in this RD is 28 **
Per capita ratio 1 license for every 2 residents.
This reporting district had a total of 266 reported crimes as compared to a City wide
reporting district average of 153 reported crimes. This reporting district is 113 crimes or
73.92% 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 -7" policy. This location is within an RD that is
over the Orange County per capita average of ABC licenses**. 1
Arrest Information
There were 20 DUI arrests and 8 Plain Drunk arrest in this area during this same period as
compared to 1,238 for the entire city. This RD amounts to 2.26% 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 34
Newport Beach
California*
National*
(DUI/Drunk)
28
1,238
N/A
N/A
All Arrests
92
3,550
1,457,151
9,579,611
Additional Information y
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. It must be noted that RD34 is almost
exclusively commercial in nature. The two adjacent reporting districts you requested are RD
33 and RD 36.
Crimes RD 33 RD 36
Part 1 64 105
Part 2 39 54
Crime Rate 16,494.85 2,400.55
Arrests (DUI/Drunk) 6 22
All Arrests 37 78
Calls For Service 1,205 2,222
Number of active ABC licenses 4** 8 **
Per capita ratiol license for every 388 ** 547** 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 2003 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