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HomeMy WebLinkAboutExhibits 2-5Police Department Report Exhibit 2: Police Department Report 0 City of Newport Beach Police Department Memorandum February 20, 2008 TO: Makana Nova, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Von's Companies, Inc at 21181 Newport coast Dr. This area encompasses our reporting district (RD) number 61 as well as part of Census Tract 626.17. 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 752 were in RD 61. 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 investigatibns, 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 61 Newport Beach California* National* Part 1 53 2,925 1,390,709 11,556,854 Part 35 3,712 N/A N/A Part 1Crime Rate 1,791.15 3,620.05 3,848.95 3,898.94 The number of active ABC licenses in this RD is 4 ** Per capita ratio 1 license for every 740 residents. This reporting district had a total of 91 reported crimes as compared to a City wide reporting district average of 175 reported crimes. This reporting district is 84 crimes less or 47.90% below 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 0 as outlined in the City Council "K -7' policy. This location is not within an RD that is over the Orange County per capita average of ABC licenses**. Arrest Information There were 3 DUI arrests and 0 Plain Drunk arrest in this area during this same period as compared to 1,471 for the entire city. This RD amounts to .20% 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 61 Newport Beach (DUI/Drunk) 3 1,471 Total Arrests 10 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 64 and RD 66 Crimes RD 64 RD 66 Part 1 36 27 Part 2 27 15 Crime Rate 2,805.92 3,713.89 Arrests (DUI/Drunk) 5 3 Total Arrests 13 14 Calls For Service 799 735 Number of active ABC licenses 1 ** 3 ** Per capita ratiol license for every 1,283* residents 722* 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 1` Police Department Reporting Districts Map Exhibit 3: Police Department Reporting Districts Map 0 Exhibit 4 Police Department Reporting Districts Map 33,/ 21 35 29 36 54 17 24 28 37 25<" 38 5 26 1 T5 2 4 j 39 53 4 �43 47 48 fil 61 14 Draft Resolution Exhibit 4: Draft Resolution �1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -029 TO ALLOW WINE TASTING FOR THE PROPERTY LOCATED AT 21181 NEWPORT COAST DRIVE (PA 2007 -243) WHEREAS, an application was filed by Von's Companies, Inc., with respect to property located at 21181 Newport Coast Drive, and legally described as Parcel 1, as shown on Miscellaneous Map 318 -27, requesting approval of a use permit to allow the on -sale of alcoholic beverages in the form of on -site wine tasting and the off-sale of alcoholic beverages previously approved by the County of Orange. WHEREAS, a public hearing was held on March 20, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. 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 General Plan land use category for this site is Neighborhood Commercial (CN) which provides for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The retail sale of food and beverages, including alcoholic beverages, is consistent with this land use category; and WHEREAS, the site is located in the Newport Ridge Planned Community with a land use designation of Commercial Village. Retail commercial uses are permitted, including food and beverage sales. Wine tasting shall be ancillary to the primary retail use of the property; and WHEREAS, the Newport Beach Police Department has advised that Reporting District 61 has a lower concentration of Alcoholic Beverage Control licenses and a crime rate that is comparable to or lower than those of the surrounding Reporting Districts; and WHEREAS, a use permit for the proposed alcoholic beverage outlet has been prepared in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: Finding: 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. Facts in Support of Finding: a. The project is located in the Commercial Village land use area of the Newport Ridge Planned Community District, which is intended to tl� Planning Commission Resolution No. encourage a variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for multi - family residential uses which combine to make this a unique mixed -use development area. Local commercial uses within the Commercial Village may include retail sales, local services, and limited professional and administrative office uses. The existing grocery store with the proposed alcohol sales is a retail use and therefore consistent with the purposes of the Newport Ridge Planned Community District. b. The Newport Ridge Planned Community Text allows for retail commercial uses, including the existing grocery store. Alcohol sales are less than 8 percent of grocery store sales and are therefore ancillary to the primary retail use of the property. 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 General Plan land use category for this site is Neighborhood Commercial (CN). The CN category is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. A grocery store with the ancillary alcohol sales are permitted uses in neighborhood - serving shopping center. b. The on -site consumption of alcohol will be limited to small quantities of beer and wine and will be under the supervision of LEAD- trained employees. c. The hours of operation for the wine tasting area will be Monday through Sunday, 9:00 a.m. through 9:00 p.m., which are within the hours of operation of the Pavilion's grocery store (Monday through Sunday: 6:00 a.m. —12:00 a.m.). 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 lt 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 a� Planning Commission Resolution No. Page 3 of 6 Outlets) of the Municipal Code as they relate to the operation of the proposed project. Alcoholic beverages will only be served in a specific area and separated by a permanent barrier from the retail sales area of the store. Employees serving alcoholic beverages will receive LEAD training. b. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the 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 -029, 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 or this is called for review by the City Council in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MARCH. BY: Robert Hawkins, Chairman MR Bradley Hillgren, Secretary AYES: EXCUSED: Rm Planning Commission Resolution No. Page 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007-029 PROJECT SPECIFIC CONDITIONS The project shall be constructed and operated in substantial conformance with the approved plot plan and floor plans, stamped and dated 2. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this approved that would attract large crowds, include any form of on -site media broadcast, or increase the expected occupancy beyond 15 patrons and 2 employees at any one time or for other activities requiring such Special Events Permit as set forth in the City of Newport Beach Municipal Code. 3. 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. 4. Hours of operation of the wine tasting area shall be from 9:00 a.m. to 9:00 p.m. on Monday through Sunday. The consumption area shall be limited to wine tasting and limited beer tasting. The applicant shall be permitted to serve specialty beers for tasting on occasion per the Type 42 ABC license, which permits wine and beer service; however, alcohol consumption shall be primarily for wine tasting. The tasting of distilled spirits shall be prohibited. 6. Beer and wine tasting shall remain an ancillary use to the primary retail function of the property. Each tasting shall be limited to 2 ounce pours per tasting. 7. The quarterly gross sales of alcoholic beverages shall not exceed 10 percent the gross sales of food and retail sales during the same period. The licensee shall maintain records that 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. 8. No live entertainment or dancing shall be permitted. �x Planning Commission Resolution No. _ Page 5 of 6 9. All employees serving alcohol must be LEAD Program trained through the Department of Alcohol Beverage Control and at least 21 years of age. At least two trained employees shall be present when alcohol is served. All wine service shall be supervised by the wine steward. In addition to the wine steward, the store manager, department manager, and suppliers shall also be LEAD - trained and licensed to serve alcohol at the wine counter. 10. Alcohol sales and consumption shall only be permitted within the area depicted on the approved floor plan. The alcohol sales and consumption area shall be separated by a permanent barrier from the retail sales area of the store. 11. The consumption area shall be separated from the retail sales area with velvet ropes attached to 40 inch high metal poles placed around the perimeter of the consumption area. 12. Serving and consumption areas shall be under security camera surveillance. STANDARD CONDITIONS 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 15. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 16. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 17. 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. 18. 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. 19. This 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, Planning Commission Resolution No. _ Page 6 of 6 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. 20. Use Permit No. 2007 -029 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. a'� Letter and Project Description from Applicant Exhibit 5: Letter and Project Description from Applicant a5 APPLICANT:. The Von's Companies Inc. dba "Pavilions PROPOSED USE: Approval of an on -sale wine tasting bar and area (Type 42) alcoholic beverage license and finding of public convenience or necessity for the existing premium wine retail slop located in the Pavilion's Supermarket. ADDRESS: 21181 Newport Coast, Newport Beach (Newport Coast Center) Newport Beach, CA 92657 PROJECT NARRATIVE The proposed project consists of an existing premium wine shop engaged in the off -sale of fine wines and related products requesting the addition of a wine tasting area. The existing Pavilions has an approved Type 21 Off -Sale General alcoholic beverage license with the California Department of Alcoholic Beverage Control since April 2002 and is currently applying for a Type 42 On -Sale Beer & Wine Public Premise alcoholic beverage license for the wine tasting bar and area. This request is to address two (2) issues related to the premise: 1. Type 42 On -Sale Beer & Wine Public Premise alcoholic beverage license to allow the on premise consumption of wine in a limited and defused area to permit the operators the ability to conduct wine tasting. 2. A finding of public convenience or necessity for the license request as required by the California Department of Alcoholic Beverage Control. Retail Area: Type 21 Off -Sale General eer, Wine & Distilled Spirits EXISTING The applicant currently holds a Type 21 Off -Sale General Alcoholic beverage license permitting the off -sale of beer, wine and distilled spirits. The Applicant has had the current license since April 10, 2002. On -Sale Consumption/Wine Tasting: Type 42 On -Sale Beer & Wine Public Premise The applicant requests the approval of approximately 500 square feet retail shop area dedicated to the on -sale consumption of wine for tasting purposes. Wine tasting is an ancillary and accessory use to the proposed wine shop. The request is made to permit patrons the ability to taste wines prior to purchase. Wine tasting is a normal accessory use for wine shops in general. Wine tasting will be supervised and occur during normal business hours. Separation of the Type 21 and 42 Areas The applicant is proposing the construction of a decorative iron fence or wall separating the retail and tasting areas. There will be an opening for ingress/egress. The area will have unobstructed views allowing proper supervision of both the on -sale and off -sale areas of the alcoholic beverage sales areas. The fence /wall will create a permanent a� 9 barrier readily identifying the separate areas and therefore create a controlled and supervised areas of the store. SSg ervision and Control The applicant will have a dedicated employee supervising and controlling the wine tasting area. All service of wine and beer will be made by an employee. Patrons will not be permitted to remove alcoholic beverages from the designated tasting area nor will patrons be permitted to be under the age of 21 in the tasting area as required by the California Business & Professions Code ( "ABC Act' Sections 25000 et seq.) and policies of the California Department of Alcoholic Beverage Control. TENANT: The Von's Companies Inc., LLC dba "Pavilions" PROPOSED USE: Approval of an on -sale wine tasting bar and area (Type 42) alcoholic beverage license and finding of public convenience or necessity for the proposed wine tasting bar and area in the existing retail shop. ADDRESS: 21181 Newport Coast, (Newport Coast Center) Newport Beach, CA 92657 PROJECT NARRATIVE: ADDENDUM On -Sale Consumption/Wine Tasting. Type 42 On -Sale Beer & Wine Public Premise: The applicant requests the approval of approximately 250 square feet retail shop area dedicated to the on -sale consumption of wine for tasting purposes. "Back bar" area approximately 150 square feet (employees only). Public tasting area approximately 100 square feet. Hours of operation of the wine tasting area 9:00 am to 9:00 pm. The applicant reserves the right to during the proposed hours but is not required to continuously serve during the proposed hours. Hours of operation for the supermarket are 6:00 am to Midnight, seven (7) days a week. Service will be made by employee only. Separation of the Type 20 and 42 Areas: Thick velvet rope attached to decorative metal poles will be used to separate the public wine tasting area and "back bar" area The poles are approximately 40 inches tall. The wine tasting area will be supervised by an employee and is under security camera surveillance. Other: Signage: No new signage is proposed to the exterior of the store other than existing. Adjacent uses: The entire Newport Coast Center is bounded by multi - family residential, public streets, fire station, park and community center (across San Joachin Hills Road), and an elementary school (across Newport Coast Drive). J-