HomeMy WebLinkAbout07-b_Additional Materials Received for Staff ReportPROJECT REVIEW REQUEST
Planning Department
Please Distribute to:
Building — Jurdi
Economic Development
Public Works — BrinelKeely
Fire Department/K.Fleitman -J. Sudo
Police Dept./Vice & Intelligence
Date: June 16, 2010
Please return PRR and Plans to Staff Planner
Makana Nova Assistant Planner
(949) 644 -3249, mnova(cDnewportbeachca.gov
Applicant:
China Palace
Contact:
Yu -Ter Mau (Jack)
949 631 -8031
Project Name
China Palace Live Entertainment and Dancing Use Permit
Address:
2800 W Coast Highway
PA2010 -082
UP2010 -015
A use permit to allow live entertainment and dancing with off -site parking at an existing full- service
eating and drinking establishment a Type 47 ABC license for alcohol sales. The proposed dance floor
is a 200- square -foot area located within the existing 2,089- square -foot net public area.
REPORT REQUESTED BY: July 8, 2010 1
PLANNING COMMISSION HEARING DATE:
AUGUST 5, 2010
Check all that apply:
❑ No comments on the project
as presented.
❑ Application of Standard Code
requirements are not
expected to alter the project
design.
Recommended conditions of
approval are attached.
❑ Application of Standard Code
requirements or the attached
conditions of approval will
substantially impact or alter
the design of the project.
❑ I contacted the applicant on
Notes:
r__'{L's �( 'l•!e
Sign"W4ire Ext. Date
❑ To schedule an appt. for
Code review
❑ To discuss the following
(see notes)
Please indicate the approximate timespent on reviewing this project: 2
Tmplt 11/23/09
City of Newport Beach
Police Department
Memorandum
June 29, 2010
TO: Makana Nova, Assistant Planner
FROM: Detective Bryan Moore
SUBJECT: China Palace Live Entertainment and Dancing Use Permit,
UP2010 -015 (PA2010 -082).
At your request, the Police Department has reviewed the project application for
China Palace, located at 2800 West Coast Highway, Newport Beach. The
applicant requests a use permit to allow live entertainment and dancing with off-
site parking at an existing full - service eating and drinking establishment. The
proposed dance floor is a 200 square foot area located within the existing 2,089
square foot net public area.
The applicant currently has a Type 47 (General — Eating Place) license with the
Department of Alcoholic Beverage Control.
I have included a report by Crime Analyst Paul Salenko that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that 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.
Additionally, this location is within an RD that is over the Orange County per
capita of ABC licenses.
Applicant History
China Palace was founded in 1980 by the applicant, Jack (Yu -Ter) Mau. The
original restaurant was located at 2930 West Coast Highway. In the summer of
1985, however, China Palace relocated to its current address of 2800 West
Coast Highway.
Since that time, China Palace has been known as a local favorite restaurant with
a reputation for serving high quality Asian Cuisine.
There have been very few notable incidents with respect to police related activity.
China Palace
UP2010 -015
It should be noted, however, that on July 26, 2009 China Palace was observed
(by a NBPD Sergeant) to be the host of a private party which consisted of live
music and approximately 500 people. it was later determined that a violation of
the City Use Permit occurred.
The applicant (owner /operator) was subsequently advised of the violation by
Newport Code and Water Quality Enforcement and submitted an application to
amend the Use Permit. To date, the Police Department is unaware of any
additional violations.
In December of 2009, the Planning director approved a request by the applicant
to remodel the restaurant's floor plan. The intent of the remodel was to improve
customer dining by constructing a combination block wall and glass fence located
on the street side property line.
Police Activities and Calls for Service Data
The below information represents the time period between July 1, 2009 through
July 1, 2010:
rvo� r al I gnwr.inF -MTS NOTES
Fights/Disturbance Calls
1
1 Suicidal Threats
Miscellaneous Calls
3
Vehicle Stop, keep the peace, alarms, etc.
Alcohol Related Arrests
0
0 DUI and (0 public intoxication
Use Permit Violations
1
Live Entertainment w/o permit
Recommendations
The Police Department has some significant concerns about the proposed
addition of live entertainment and dancing. Although the applicant may have the
best intentions, we know based on our local history that the combination of live
entertainment and dancing often lead to a nightclub type business model;
especially after 10 p.m. Even with stringent conditions in place it has been our
experience (with past and present establishments) that these types of operations
can become a drain on police resources and ultimately have a negative impact
on the health, safety and welfare of the community.
It is for the above reasons that we are projecting that the applicant's proposal will
result in an increase in police related activities and calls for police services. The
resources required to address these events would detract from our ability to
provide police services to the other areas of the community and therefore, we
cannot recommend this application (as submitted) for approval.
The Police Department would not, however, be opposed to the applicant
providing live entertainment (only) with certain restrictions (i.e. type of
entertainment, hours, etc).
2
China Palace
UP2010 -015
It is reasonable to believe that this could serve to enhance the dining experience
for the patrons without creating an unnecessary burden on police services.
Should this application be approved, the Police Department recommends the
following conditions:
Signs and Displays
Any signs or displays would need to conform to City requirements. 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.
Hours of Operation
There are currently no restrictions on the hours of operation for this location.
Security
Should this application be approved (as submitted), the applicant shall provide
licensed security personnel while offering live entertainment. A comprehensive
security plan for the permitted uses shall be submitted for review and approval by
the Newport Beach Police Department.
The procedures included in the plan and any recommendations made by the
Police Department shall be implemented and adhered to for the life of the use
permit.
,Employee Training
Require all owners, managers, and employees 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
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 may
be required for any event or promotional activity outside the normal operational
characteristics of the proposed operation. For example, events likely to attract
large crowds, events for which an admission fee is charged, events that include
any form of contract promoters, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
3
China Palace
UP2010 -015
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit China Palace 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.
1. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
2. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
3. No "happy hour' type of reduced price alcoholic beverage promotion shall
be allowed except when offered in conjunction with food ordered from the
full service menu. There shall be no reduced price alcoholic beverage
promotion after 9 p.m.
4. VIP passes or other passes to enter the establishment, as well as door
charges, cover charges, or any other form of admission charge, including
minimum drink order or sale of drinks is prohibited.
5. Petitioner shall not share any profits or pay any percentage or commission
to a promoter or any other person based upon monies collected as a door
charge, cover charge, or any other form of admission charge, including
minimum drink orders or the sale of drinks.
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 sales of food and the
gross sales of alcoholic beverages of the licensed business. These
records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
7. There shall be no on -site radio, television, video, film or other electronic
media broadcasts, including recordings to be broadcasted at a later time,
which include the service of alcoholic beverages, without first obtaining an
approved special event permit issued by the City of Newport Beach.
8. There shall be no live entertainment allowed on the premises without first
obtaining a permit from the City.
9. There shall be no dancing allowed on the premises without first obtaining
a permit from the City.
11
China Palace
UP2010 -015
10. Strict adherence to maximum occupancy limits is required.
11.The use of private (enclosed) "VIP" rooms or any other temporary or
permanent enclosures separate from public areas are prohibited.
12.When offering entertainment, all doors and windows shall remain closed
except for the normal ingress /egress doors.
13.Amplified live music or entertainment shall be permitted only within the
confines of the main building. No music will be piped into any sidewalk or
adjacent areas.
If you have any questions, please contact Detective Bryan Moore at (949) 644-
3725.
�a
Bryan Moore, ABC Liaison
Detective Division
Craig Fox, Captain
Detective Division Commander
5
City of Newport Beacn
Police Department
Memorandum
June 16, 2010
TO: Makana Nova, Assistant Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the China Palace at 2800
West Coast Hwy. This area encompasses our reporting district (RD) number 25 as well as
part of Census Tract 634. This report reflects City of Newport Beach crime data for calendar
year 2009, which is the most current data available.
Calls for Service Information
City wide there were approximately 69,294 calls for police services during this time, of which
3,049 were in RD25. 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 6,194 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,884 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
3,350 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per
100,000 people.
Crimes
RD 25
Newport Beach
California*
National*
Part 1
113
2,884
1,265,920
11,149,927
Part 2
88
3,350
N/A
N/A
Part 1Crime Rate
3,868.87
3,297.31
3,444.06
3,667.02
The number of active ABC licenses in this RD is 21 **
Per capita ratio 1 license for every 139 residents.
This reporting district had a total of 248 reported crimes as compared to a City wide
reporting district average of 162 reported crimes. This reporting district is 86 crimes more or
53.09% above the City wide reporting district average. 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 20 Plain Drunk arrest in this area during this same period as
compared to 1,270 for the entire city. This RD amounts to 3.7% 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
(DUI/Drunk)
Total Arrests
RD 25 Newport Beach
47 1,270
113 3,595
California* National*
1,547,811
2,094,465
14,005,615
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 24 and RD 16
Crimes
RD 24
RD 16
Part 1
155
167
Part 2
120
107
Crime Rate
3,096.60
6,003.49
Arrests (DUI/Drunk)
79
110
Total Arrests
220
323
Calls For Service
3,898
3,261
Number of active ABC licenses
9 **
6 **
Per capita ratiol license for every
556* residents
464* 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 86,252.
*These numbers are from the 2008 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