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Yard House_UP2004-027_849 Newport Center Dr (PA2006-269)
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 February 22, 2007 TO: PLANNING COMMISSION FROM: Planning Department Russell Bunim, Assistant Planner rbunimOcity.newport- beach. ca. us (949) 644 -3233 SUBJECT: Yard House Use Permit No. 2004 -027 (PA2006 -269) 849 Newport Center Drive APPLICANT: Scott Duffner — Fancher Development Services ISSUE Should the Planning Commission approve an amendment to Use Permit No. 2004 -027 pursuant to Chapter 20.89 (Alcoholic Beverage Outlets) allowing the Yard House restaurant to extend their hours of operation to 2:00 a.m. seven days a week? RECOMMENDATION Staff recommends that the Planning Commission, after holding a public hearing, adopt a resolution approving the amendment to Use Permit No. 2004 -027. DISCUSSION Backaround & Site /Project Overview The restaurant is located within the Fashion Island commercial center at the southwest corner of Newport Center Drive West and Santa Cruz Drive. The property has a General Plan designation of Regional Commercial and is zoned Fashion Island Planned Community (PC -35). The site is subject to the development standards of the Fashion Island Planned Community wherein restaurants are permitted uses. However, a Use Permit is required for the Alcohol Beverage Control (ABC) License. Yard House February 22, 2007 Page 2 of 7 W-r i.ewNvn LAMMr unve Use Permit No 2006 -0036 Current Develo ment: Fashion Island To the north: Bloornh dales commercial To the east: Lenscrafters commercial To the south: Vacant (formally Thai hoon restaurant To the west: Parkin lot Yard House February 22, 2007 Page 3 of 7 On May 20, 2004, the Planning Commission approved Use Permit No. 2004 -045 to allow Ozumo Restaurant to operate on the site with a Type 47 (On -Sale, General, Eating Place) ABC License. Ozumo Restaurant occupied a corner tenant space including a sake bar and lounge, indoor seating and an outdoor patio. The hours of operation for the Ozumo restaurant were limited to Monday through Saturday, from 11:00 a.m. to 1:00 a.m., and Sunday, from 11:00 a.m. to 11:00 p.m. Analysis The applicant is seeking to amend Condition #1 (change in floor plan) and Condition #3 (extending hours of operation) of Resolution No. 1636 for Use Permit No. 2004 -007 (Exhibit 3). The application proposes a minor change in the floor plan for the Yard House restaurant. The chart below provides approximate numbers provided by the previous tenant Ozumo and the Yard House. The proposed increase in interior square feet is for an enhanced entry space, where patrons will wait to be seated. The additional exterior patio square feet will create a larger outdoor seating area. The floor plan has an open design, including the eating and bar areas allowing Yard House to design for more seating (see Exhibit 7). If approved, this will allow an eating and drinking establishment to extend hours of operation by one (1) hour each day, Monday through Saturday to 2:00 a.m., and by three (3) hours on Sunday to 2:00 a.m., subject to the findings and conditions of approval within the draft resolution. The Yard House is proposing to serve beer, wine, and distilled spirits in conjunction with the restaurant operations, including a full menu during all hours of operation (see Exhibit 9 and Conditions 9 & 10 of Exhibit A). No live entertainment or dancing is requested. Background music will be provided through the restaurant's internal sound system (limited by Condition #17). Ozumo Yard House Change Interiors . ft. 7,940 8,164 224 Exteriors . ft. 831 1342 511 Totals . ft. 8,742 9,506 764 Interior seats 213 285 72 Outdoor seats 34 56 22 Total seats 247 1 341 94 Bar areas . ft. 1,027 930 -97 Employees (peak) 40 70 30 The proposed increase in interior square feet is for an enhanced entry space, where patrons will wait to be seated. The additional exterior patio square feet will create a larger outdoor seating area. The floor plan has an open design, including the eating and bar areas allowing Yard House to design for more seating (see Exhibit 7). If approved, this will allow an eating and drinking establishment to extend hours of operation by one (1) hour each day, Monday through Saturday to 2:00 a.m., and by three (3) hours on Sunday to 2:00 a.m., subject to the findings and conditions of approval within the draft resolution. The Yard House is proposing to serve beer, wine, and distilled spirits in conjunction with the restaurant operations, including a full menu during all hours of operation (see Exhibit 9 and Conditions 9 & 10 of Exhibit A). No live entertainment or dancing is requested. Background music will be provided through the restaurant's internal sound system (limited by Condition #17). Yard House February 22, 2007 Page 4 of 7 Findings Alcohol Beverage Outlet Section 20.89 (Alcoholic Beverage Outlets, ABO) requires the Planning Commission to consider the following factors when making the required findings to approve the amendment to the Use Permit: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol- related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts: 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 Police Department provided a memorandum (Exhibit 6) addressing these factors, which are summarized below: Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) RD No. 39 321 240 36,981.75 RD No. 47 22 17 1,177.1 RD No. 51 38 21 955.01 Newport Beach 3,137 3,005 _ 3,882.43 The location is within Reporting District 39, wherein the number of crimes is higher than adjacent Reporting Districts and the City due to the high concentration of commercial land uses. RD 47 and 51 have a lower number of crimes as they are primarily residential with few commercial uses. Reporting District Active ABC License Per capita RD No. 39 38 1 per 23 residents RD No. 47 2 1 per 935 residents RD No. 51 0 0 County-wide 4,805 1 per 592 residents Yard House February 22, 2007 Page 5 of 7 • RD 39, which encompasses the restaurant location has a much higher ratio of liquor licenses to population when compared with the average ratio for Orange County due to the higher concentration of commercial land uses. RD 47 and 51 have a lower number of ABC Licenses as they are primarily residential with few commercial uses. Reporting District DUI/Drunk Arrests Total Arrests Calls for service RD No. 39 51 156 4,373 RD No. 47 8 10 652 RD No. 51 10 14 1063 New ort Beach 1,051 3,115 61,428 • Again, due to the high concentration of commercial land uses, the calls for service and number of arrests is greater than adjacent residential Reporting Districts. The Police Department has no objection to the operation as described by the application. Use Permit The following information is presented in support of the required Use Permit findings: 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. • The proposed business hours will allow the restaurant to provide a full - service menur and 0Icoholic beverage until 2:00 a.m. The applicant indicates that the requested hours for dinner and bar service will help the business stay financially viable and satisfy the patrons' desire for a late night dinner and drink. • The bar and restaurant meet the intent of Fashion Island Planned Community by proviy�mg a food and drink service in the commercial center that include such amenities. 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. Yard House February 22, 2007 Page 6 of 7 • The proposed extension of the restaurant's hours to 2:00 a.m. every night will not significantly change the operational characteristics of a restaurant and will continue to be consistent with the General Plan and Planned Community. The principal uses of the bar and restaurant will not be a detriment to the site or the community as determined by the Police Department review of the application, and has no objection to the operation at extended hours. The Police Department Memorandum including the crime rates, number of alcohol licenses in the area and alcohol related crimes can be found in Exhibit 6. • All residential developments or playgrounds /parks within the area are separated from the shopping center by the Newport Center Drive loop and other commercial and office uses surrounding the Fashion Island Planned Community. 3. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. Extending the operational hours to provide an eating and drinking establishment to serve until 2:00 a.m. will not significantly change the existing use of the bar and restaurant. • The Yard House will house will comply with the conditions as previously approved under Use Permit No. 2004 -045, Environmental Review This project has been reviewed, and it has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed interior improvements to accommodate the new restaurant are minor in nature and are within the tenant space formerly occupied by a similar restaurant. An amendment of a Use Permit to extend operating hours is not defined as a project pursuant to CEQA. 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 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. Prepared by: c R ssell lfui i , Assistant Planner Exhibits Yard House February 22, 2007 Page 7 of 7 Submitted by: David Lepo, Plan ' irector 1. Draft Resolution No. 2. Use Permit No. 2004 -027 Staff Report dated May 20, 2004 3. Resolution No. 1636 4. Excerpt of Minutes dated May 20, 2004 5. Letter and project description from applicant 6. Police Department report 7. Project Plans 8. Comparison of floor area principally devoted to alcohol sales from Ozumo to Yard House. 9. Food menu provided by the applicant RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH AMMENDING USE PERMIT NO. 2004 -007 FOR PROPERTY LOCATED AT 849 NEWPORT CENTER DRIVE (PA2006- 269) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Fancher Development Services on behalf of Yard House with respect to property located at 849 Newport Center Drive, and legally described as Lot 18 of Tract No. 6015, requesting an amendment of a Use Permit allowing the Yard House restaurant to extend their hours of operation to 2:00 a.m. seven days a week. WHEREAS, a public hearing was held on February, 22, 2007, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Regional Commercial by the General Plan Land Use Element and zoned PC District 35 (Fashion Island Planned Community) wherein restaurant uses are permitted. WHEREAS, the proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the Planned Community District for the following reasons: • The proposed business hours will allow the restaurant to provide a full - service menu and alcoholic beverage until 2:00 a.m. The applicant indicates that the requested hours for dinner and bar service will help the business stay financially viable and satisfy the patrons' desire for a late night dinner and drink. • The bar and restaurant meet the intent of Fashion Island Planned Community by providing a food and drink service in the commercial center that include such amenities. WHEREAS, the proposed location of the restaurant and the proposed conditions under which it would be operated and maintained will be consistent with the General Plan and the purpose of the Planned Community District; 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; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: W City of Newport Beach Planning Commission Resolution No. _ Parae 2 of 6 The proposed extension of the restaurant's hours to 2:00 a.m. every night will not significantly change the operational characteristics of a restaurant and will continue to be consistent with the General Plan and Planned Community. • The principal uses of the bar and restaurant will not be a detriment to the site or the community as determined by the Police Department review of the application, and has no objection to the operation at extended hours. The Police Department Memorandum including the crime rates, number of alcohol licenses in the area and alcohol related crimes can be found in Exhibit 6. • All residential developments or playgrounds /parks within the area are separated from the shopping center by the Newport Center Drive loop and other commercial and office uses surrounding the Fashion Island Planned Community. WHEREAS, the proposed restaurant will comply with the provisions of the Zoning Code and the conditions required by Fashion Island Planned Community for the following reasons: • Extending the operational hours to provide an eating and drinking establishment to serve until 2:00 a.m, will not significantly change the existing use of the bar and restaurant. • The Yard House will house will comply with the conditions as previously approved under Use Permit No. 2004 -045. WHEREAS, the project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment of Use Permit No. 2004 -007, 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 action 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. 16 City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 6 PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF February 2007. M M Jefffey Cole, Chairman Robert Hawkins, Secretary AYES: NOES: N\ City of Newport Beach Planning Commission Resolution No. Peae 4 —0f6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004-007 PROJECT SPECIFIC CONDITIONS 1. The development shall be in substantial conformance with the approved floor plan dated February 22, 2006. 2. Use Permit No. 2004 -007 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. 3. Hours of operation shall be from 11:00 a.m. to 2:00 a.m. every day. STANDARD CONDITIONS 4. 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 within sixty (60) days upon hiring. 5. No live entertainment shall be permitted in conjunction with the restaurant unless a live entertainment permit is first obtained. Background music provided through the restaurant's internal system or by is permitted. No audible paging system shall be allowed outside the building. 6. There shall be no dancing allowed on the premises without the issuance of a Cafe Dance Permit. 7. Should this business 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. 8. 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. J;- City of Newport Beach Planning Commission Resolution No. Page 5 of 6 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. 10. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 11. A grease interceptor of adequate size is required in association with food preparation activities. 12. 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. 13. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale of alcoholic beverages is prohibited for off - site consumption. 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. 14. 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. 15. 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. 16. 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 money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 17. 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 Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. \2) City of Newport Beach Planning Commission Resolution No. Page 6 —of 6 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 19. 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. 20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food 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. 21. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited. \a Between the hours of Between the hours of 7:00AM and 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA NIA 60dBA 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 19. 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. 20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food 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. 21. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited. \a USE PERMIT NO. 2004 -027 STAFF REPORT DATED MAY 20, 2004 EXHIBIT 2 N5 TO: CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT PLANNING COMMISSION FROM:, Planning Department Rosalinh Ung, Associate Planner rung(o)city. nev iport- beach.ca. us (949) 644 -3208 SUBJECT: Ozumo Restaurant Use Permit No. 2004 -007 (PA2004 -045) 849 Newport Center Drive APPLICANT: Michael Cho representing the applicant, Ozumo Newport, LLC. REQUEST: Agenda Item No. 4 May 20, 2004 FILE COPY This is a request for the approval of a Use Permit to allow a permitted restaurant named Ozumo Restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcoholic Beverage License. DISCUSSION: Site /Project Overview The restaurant will be located within Fashion Island and is subject to the Fashion Island Planned Community text where restaurants are permitted uses. Occupying an existing corner suite, the proposed restaurant is located on the south side of Bloomingdale's Department Store, east of the Parking Structure No. 2, and west of the former Wolfgang Puck Cafe. In a combined area of 8,742 square feet, Ozumo is a contemporary casual fine dining restaurant serving Japanese haute cuisine in an elegant and comfortable atmosphere with an attractive Japanese garden. This will be the applicant's second restaurant; with the first located in San Francisco. The proposed restaurant has approximately 7,911 square feet of internal space and approximately 831 square feet of outside dining area. The restaurant provides different dining areas to their patrons: a sushi bar, a robata /yaki bar, a kotatsu dining area, two main dining areas, and outside dining areas. \r° Qzumo - staurant (PA2004 -045) May 20, 2004 Page 2 of 6 849 Newport Center Drive Use Permit No. 2004 -007 Current Development: Empty tenants ace within Fashion Island To the north: Bloomin dale's Department Store To the east: Retail stores and Wolfgang Puck Cafe To the south: Retail uses within Fashion Island. To the west: Parking Structure No. 2 %A Ozumo s restaurant (PA2004 -045) May 20, 2004 Page 3 of 6 The applicant is proposing to serve beer, wine, and distilled spirits in conjunction with the restaurant operations. No live entertainment or dancing is requested. Background music will be provided through the restaurant's internal sound system and occasionally by a disc jockey. The disc jockey area is located behind the sake bar, against a wall next to the men's restroom. The number of employees during peak hours in Ozumo Restaurant will be approximately 40 persons. The restaurant will seat approximately 247 patrons (213 persons inside the establishment and 34 persons outside in the patio areas). Analysis In accordance with Section 20.89.030A of the Alcoholic Beverage Ordinance (ABO), a new use permit is required when a new alcoholic beverage outlet license is being requested with the Department of Alcoholic Beverage Control. The Use Permit is limited to consideration under the ABO, since eating and drinking establishments are permitted uses in the Fashion Island Planned Community. Hours of Operation The restaurant will be open seven days a week. The proposed hours of operation are Monday through Saturday, from 11:00 a.m. to 1:00 a.m., and Sunday, from 11:00 a.m. to 11:00 p.m. The Police Department has no concerns with the requested hours. Alcoholic Beverage Outlet Ordinance Section 20.89.030.13 of the Alcoholic Beverage Outlet Ordinance (ABO) requires the Planning Commission to consider the following factors: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county-wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and analysis to make the required findings, each of the factors is discussed as follows: 1. Public Convenience or Necessity. The proposed alcohol outlet is for full service tine dining restaurant. The service of beer, wine, and distilled spirits is made for the lq Ozumo astaurant (PA2004 -045) May 20, 2004 Page 4 of 6 convenience of patrons dining at the restaurant. The Fashion Island Planned Community includes provisions for such restaurant uses, and the restaurants can be viewed. as complementary to the surrounding retail, office and theater uses. The Police Chief is designated by Council Policy K -7 to be responsible for making an official finding of public convenience and necessity on behalf of the City. The Police Chief is prepared to make this finding as the proposed establishment is a restaurant and not a bar or nightclub. 2. Crime Rate. Citywide, there were 6,410 crimes reported during calendar year 2003, of which 2,650 were Part One Crimes (serious offenses). The remaining 3,760 were Part Two Crimes that include alcohol related arrests. The project site, located within Fashion Island, is located within Police Reporting District No. 39. The Part One .Crime Rate for the RD, two adjacent RD's, City, California and National averages are shown in the following table for comparison. RD No. 39: 32027.65 Gitv Average: 3502.42 RD No. 44: 2470.46 Califomia: 3943.70 RD No. 43: 4502.81 National: 4118.80 The crime rate in RD 39 is substantially higher due to the very limited population of the RD. During 2003, the number of Part One Crimes in RD No. 39 was 278 and the number of Part Two Crimes was 114. RD No. 44 had 138 Part One and 121 Part Two Crimes; and RD No. 43 had 48 Part One and 58 Part Two Crimes. While the number of reported total crimes is higher within the RD of the subject project site as compared to surrounding RD's, the Police Department believes that the actual amount of crimes in the area is not considered significant due to the high concentration of commercial uses within RD No. 39, and RD Nos. 44 and 43 are primarily residential. 3. Over Concentration. There is a total of 39 active ABC licenses within RD No. 39. The census tract within which the restaurant is located has a higher ratio of liquor licenses to population when compared with the average ratio for Orange County since there is very limited population within the census tract. However, as noted above, the area includes Fashion Island, which has a high number of eating and drinking establishments. The area is typified by full - service, sit -down restaurants that are complementary to the office, retail commercial and entertainment uses that predominant the Newport Center /Fashion Island area. As noted by the Police Department report, the requested on -sale alcohol license is not expected to generate additional crime problems in the area due to the nature, of the business and its location within Fashion Island, which provides security services. The concentration of alcoholic beverage licenses within the area is not considered by the Police Department as detrimental to the community. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There was a total of 242 arrests, Ozumo k�estaurant (PA2004 -045) May 20, 2004 Page 5 of 6 with 42 driving under the influence arrests and 33 plain drunk arrests within RD No. 39 in 2003. The percentage of alcohol related arrests within RD No. 39 is 31% (75/242). City -wide, alcohol related arrests account for 37% (1,299/3,524) of all arrests made. The alcohol - related arrest rate in the.two adjacent reporting districts is 54% for RD No. 44 and 58% for RD No. 43. The rate within which the project is located, RD No. 39, is lower than the city -wide average and lower than the two adjacent RD's. The Police Department does not believe that the proposed request will generate a significant number of alcohol - related incidents. As noted in the section on Crime Rate above, the sale of alcohol in the restaurant is accessory to the restaurant use. The restaurant has a lounge /sake bar area of approximately 1,003 square feet or 12% of the total restaurant floor area. Therefore, in the opinion of the Police Department, it is unlikely that the sale of distilled spirits in conjunction with the restaurant use will increase alcohol - related crimes. In addition, the Irvine Company provides security for Fashion Island, which will assist in deterring alcohol- related disturbances. 5. Adjacent Uses. The site is located within Fashion Island and is not adjacent to sensitive land uses. There are no residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and has determined that no additional conditions related to design and security are necessary. 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). The proposed interior improvements, in order to accommodate the new restaurant, are a minor alteration within the shopping center. There will be no environmental disturbance as the proposed project is located in a fully developed area. 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 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. Conclusion Based on the location of the establishment and its operational character, while considering the required factors of the Alcoholic Beverage Outlet ordinance and a° Ozumo ..estaurant (PA2004 -045) May 20, 2004 Page 6 of 6 conditions of approval, staff believes that the findings for approval of a Use Permit can be made in that it is not likely that the operation will prove detrimental to the community. The site is conducive to a restaurant operation by design and the on -site consumption of alcoholic beverages in conjunction with a full - service, fine dining restaurant use is viewed as complementary to the entire center. RECOMMENDATION: Staff recommends that the Planning Commission approve Use Permit No. 2004 -007, to allow a permitted eating and drinking establishment to operate under a Type 47 (On -Sale General Eating Place) License, subject to the findings and conditions of approval within the draft resolution. Prepared by: Exhibits ;r Submitted by: Patricia L. Temple, Planning Director 1. Draft Resolution No. 2004 -_; findings and conditions of approval 2. Letter and project description from applicant 3. Police Department report 4. Project Plans Z RESOLUTION NO. 1636 EXHIBIT 3 pw RESOLUTION NO. 1636 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -007 FOR PROPERTY LOCATED AT 849 NEWPORT CENTER DRIVE (PA2004- 045) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Ozumo Newport, LLC with respect to property located at 849 Newport Center Drive, and legally described as Lot 18 of Tract No. 6015, requesting approval of a Use Permit to allow a permitted restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcohol Beverage License. WHEREAS, a public hearing was held on May 20, 2004, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Retail and Service Commercial by the General Plan Land Use Element and zoned PC District 35 (Fashion Island Planned Community). Restaurants with accessory alcohol service are permitted uses within these designations. WHEREAS, the proposed location of the alcoholic beverage outlet and the proposed conditions under which it will be operated and maintained, is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance); 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 for the following reasons: The Use Permit pertains to the on -site consumption of alcoholic beverages in conjunction with a permitted restaurant to be operated within a building that is designated and zoned for this activity. The use has been conditioned to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 2. The convenience of the public can be served by the sale of desired beverages in conjunction with a full - service, fine dining restaurant that is complementary to the surrounding uses within Fashion Island. Alcohol service is typical and expected by the public in a full - service, fine dining restaurant setting, 3. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. �' City of Newport Beach Pianniny 6ommission Resolution No. Pape 2 of 5 4. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County -wide data. 5. The percentage of alcohol- related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. Accessory on -site consumption of alcoholic beverages is not expected to increase alcoholic related crime. 6. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. WHEREAS, the project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). NOW, THEREFORE, BE IT RESOLVED: Sectlion 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2004 -007, 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 action 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 May 2004. AYES: Eaton, Cole, Toeme, McDaniel Selich. Kiser and Tucker NOES: None B• Earl McDaniel, Chairman BY: 1 SQCC¢/q, h Michael Toerg , Sec tary � aA City of Newport Beach Planning commission Resolution No. _ Page 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004 -007 1. The development shall be in substantial conformance with the approved floor plan dated February 12, 2004. 2. Use Permit No. 2004 -007 shall bxpire 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. 3. Hours of operation shall be from 11:00 a.m. to 1:00 a.m., Monday through Saturday, and Sunday from 11:00 a.m. to 11:00 p.m. 4. 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/lioensing 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 within sixty (60) days upon hiring. 5. No live entertainment shall be permitted in conjunction with the restaurant unless a live entertainment permit is first obtained. Background music provided through the restaurant's internal system or by a disc jockey is permitted. No audible paging system shall be allowed outside the building. 6. There shall be no dancing allowed on the premises without the issuance of a Cafe Dance Permit. 7. Should this business 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. 8. 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. 9. 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. City of Newport Beach Planning .:ommission Resolution No. _ Paoe 4 of 5 10. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 11. A grease interceptor of adequate size is required in association with food preparation activities. 12. 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. 13. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale of alcoholic beverages is prohibited for off- site consumption. 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, 14. 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. 15. 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. 16. 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 money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 17. 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 Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. ?�p City of Newport Beach Planning Commission Resolution No. _ Page 5 of 5 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 19. 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. 20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food 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. 21. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited. Between the hours of Between the hours of 7:OOAM and 10:00PM and 10:OOPM 7:OOAM Location Interior I Exterior interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 5OdBA ro e Mixed Use Property 45dBA 6OdBA 45dBA 5OdBA Commercial Property N/A 65dBA NIA 60dBA 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 19. 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. 20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food 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. 21. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited. EXCERPT OF MINUTES DATED MAY 20, 2004 EXHIBIT 4 71 . Ylarunng CAmm1SSIOn Minutes UJ /2U /2UU4 Page 14 of 39 Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Noes: Tucker Absent: None Abstain: None None SUBJECT: Ozumo Restaurant (PA2004 -045) _ I ITEM NO.4 849 Newport Center Drive PA2004 -045 This is a request for the approval of a Use Permit to allow a I Approved permitted restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcoholic Beverage License. Mr. Michael Cho, representing the applicant Ozumo, stated that he would like to amend condition 5 regarding background music outside the building. The floor plan for the restaurant has a sizeable patio that requires some sort of amplified background music. Any noise would have to comply with the City's standards. There are no residential structures nearby and the restaurant is buffered between Newport Center Drive and the large parking structure. The Irvine Company is restrictive on the type of outdoor amplification that is permitted. There will be no live music on the patio. The only entertainment would be a DJ running music in the background inside the restaurant. There is no audible paging system planned. Commissioner Toerge noted that we could delete music from the condition 5. Public comment was opened. Public comment was closed. Motion was made by Commissioner Cole to approve Use Permit No. 2004 -007 (PA2004 -045) subject to the findings and conditions with the change to condition 5. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None Absent: None Abstain: None SUBJECT: Harrington Residence (PA2004 -057) file: //H: \Plancomm \2004 \0520.htm ITEM NO. 5 06/09/2004 P LETTER AND PROJECT DESCRPTION FROM APPLICANT EXHIBIT 5 3a PROJECT DESCRIPTION AND JUSTIFICATION The applicant seeks to amend conditional use permit 2004-007 granted to Ozumo Newport, LLC for the previous occupant of the premises, Ozumo Restaurant. The use permit granted pursuant to Planning Commission Resolution 1636 on May 20, 2004 was for a permitted restaurant to operate with a Type 47 (On -Sale, General, Forting Place) Alcohol Beverage License. The proposed use will be a "Yard House" restaurant, an upscale casual eatery known for its extensive menu, classic rock music, and world's largest selection of draft beer. The menu of American cuisine includes an impressive selection of appetizers, salads, pastas, sandwiches, individual -size pizzas, seafood, steaks, ribs and chops. Dining is available at all times with a reduced selection late -night menu of selected offerings after 11:00 pm. There is also a children's menu of fresh to order items_ The Yard House plays classic rock and roll on its state of the art sound system while an abundance of flat screens showcase the day's sports and special events. Yard House Restaurants are located throughout Southern California including Long Beach, Costa Mesa, Irvine, Rancho Mirage, San Diego, Pasadena, Rancho Cucamonga, and Brea with additional locations in Lakewood, Colorado; Glenview, Illinois; Kansas City, Kansas; Phoenix, Arizona; Scottsdale, Arizona; and Palm Beach Gardens, Florida. The applicant is seeking to amend the existing use permit with respect to Condition #1 allowing fur a revised floor plan and Condition #3 with respect to the hours of operation. The proposed restaurant will have a total interior area of approximately 8,000 square feet with another 1,100 square, feet of patio area resulting in approximately 268 seats inside and 84 on the patio. While the restaurant's hours of operation are ultimately tailored to the neighborhood demands the restaurant seeks the right to open seven (7) days a week from 11:00 AM to 2:00 AM. Total employment will range from 130 to 150 employees with shifts of up to as many as 60 - 70 employees during peak operations. In all other regards the proposed operation will comply with conditional use permit 2004 -007. The subject property is located on the northwest side of the Fashion Island, a large master planned regional shopping center. The premises are bounded by 2-story or higher retail to the north, east and south and a 2 story parking structure immediately to the west. In addition to the immediate improvements around the proposed site, Fashion Island itself is further surrounded by office, hotel and similar commercial uses, all of which serve to not only generate patrons but completely isolate the restaurant from the residential properties — the closest of which is over a quarter of a mile away. 3V POLICE DEPARTMENT REPORT EXHIBIT 6 a City of Newport Beach Police Department. Memorandum January 17, 2007 TO: Russell Punim — Staff Planner FROM: Detective Doug Jones SUBJECT: The Yard House UP2006 -036 The Police Department has reviewed the Project Review Request for the Yard House restaurant located at 849 Newport Center Drive. Per the plans submitted by MBH Architects and the Project Description submitted by representatives of the Yard House, the restaurant will have a total interior area of approximately 8,164 square feet (including a new front entrance "pop -out" area of 209 square feet) with a maximum occupancy of 268, and a patio area of approximately 1,342 square feet with a maximum occupancy of 84. The combined totals will be 9,506 square feet with a maximum occupancy of 352. There will be no dancing or live entertainment. The applicant has supplied information regarding his intent to apply for a Type 47 license (On -Sale, General, Eating Place — full service) with the Department of Alcoholic Beverage Control. On January 3, 2007, 1 contacted Jared Taylor, a representative for the Yard House. They have not yet applied for the license with ABC. The Police Department will condition the ABC license as necessary to maintain the health, safety and welfare of the community. We 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. Applicant History Per the Project Description and Justification report supplied by the applicant, and conversations with Jared Taylor, The Yard House restaurant is an upscale casual eatery known for its extensive menu, classic rock music, and world's largest selection of draft beer. The menu of American cuisine includes an impressive selection of appetizers, salads, pastas, sandwiches, individual -size pizzas, seafood, steaks, ribs and chips, which will be available at all times. There is also a children's menu of fresh to order items. The Yard House plays classic rock and roll music on its state of the art sound system while an abundance of flat screens showcase the day's sports and special events. 33 The Yard House Restaurant UP2006 -036 Page 2 of 3 Yard House Restaurants are located in Long Beach, Costa Mesa, Irvine, Rancho Mirage, San Diego, Pasadena, Rancho Cucamonga, and Brea. Out of state locations are Lakewood, Colorado; Glenview, Illinois; Kansas City, Kansas; Phoenix, Arizona; Scottsdale, Arizona; and Palm Beach Gardens, Florida. 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 The proposed hours of operation will be from 11:00 am to 2:00 am, seven days a week Preventive Design Due to the change in characteristics from the previous restaurant coupled with the need to prevent underage drinking, the Police Department requests that some sort of barricade be used to delineate the patio area from the adjacent walkway. Per Newport Beach Staff Planner Russell Bunim, the plans submitted by the Yard House include 36° steel railings to encompass all patio areas, which will be covered as well. Security Due to the change in characteristics from the previous restaurant, including the increased square footage and maximum occupancy, the Police Department would like the applicant to develop a security plan designed to ensure compliance with applicable state and local laws, the conditions of the ABC license, the use permit, and other such permits issued by the City. This plan must be approved by the Police Department prior to final approval. Empioyee 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 The Police Department has no objection to the operation as described by the applicants. 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 The Yard House Restaurant UP2006 -036 Page 3 of 3 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. 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 business: 1. 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 licensee. 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. 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. 5. 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. 6. 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, 7. There shall be no dancing or live entertainment allowed on the premises. If you have anX questions, please contact me at (949) 644 -3709. Detective oug Jones Vice and Intelligence Unit 35 City of Newport Beach Police Department Memorandum February 1, 2007 TO: Russell Bunim, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Yard House at 849 Newport Center Dr. This area encompasses our reporting district (RD) number 39 as well as part of Census Tract 630.8. This report reflects City of Newport Beach crime data for calendar year 2005, which is the most current data available. Calls for Service Information City wide there was 61,428 calls for police services during this time, of which 4,373 were in RD 39. 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 6,142 crimes reported to the Newport Beach Police Department during this period. Of this total, 3,137 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 3,005 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,882.43 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 39 Newport Beach California* National* Part 1 321 3,137 1,420,637 11,816,782 Part 240 3,005 N/A N/A Part 1Crime Rate 36,981.57 3,882.43 4,003.5 4,063.4 The number of active ABC licenses in this RD is 38 ** Per capita ratio 1 license for every 23 residents. This reporting district had a total of 612 reported crimes as compared to a City wide reporting district average of 162 reported crimes. This reporting district is 450 crimes or 278.64% above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the 319 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 30 DUI arrests and 21 Plain Drunk arrest in this area during this same period as compared to 1,051 for the entire city. This RD amounts to 4.85% 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 39 Newport Beach 51 1,051 156 3,115 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 47 and RD 51 Crimes RD 47 RD 51 Part 1 22 38 Part 2 17 21 Crime Rate 1,177.10 955.01 Arrests (DUVDrunk) 8 10 Total Arrests 10 14 Calls For Service 652 1,063 Number of active ABC licenses 2 ** 0 ** Per capita ratiol license for every 935** 0* 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 2004 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. 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I COMPARISON OF FLOOR AREA PRINCIPALLY DEVOTED TO ALCOHOL SALESFROM OZUMA AND YARD HOUSE EXHIBIT 8 i d J F- Z Q ry Q H N W W 6 �n O O ¢ U = OZ 2V Q J¢ Q 00 LLz Nti W�IYIEIEI II EII l l' 011091L 4002 0 8 Ndv . . iT IN d N ld O99L8 VO WJa3s 1VOMn3N 3AW MUM 1tlOdr 84B � yEg !�•�' Q eumsf xwlsnd millg o _ • s � � � y E r ! �+€ ° �- S'S'A �•� 7 ;k '3 a i- $ P 1�� ���� 4 4 c $�a a s �e ��• axi €ae d g €n6 43'�s$ s 111, sl� a €1 i € es1 R� 1 1 0 o I 5 6 € € { �m OT B-® Owl ED tLL Li z x 55_ kwii9 ie49�eYY3s 9 a © 4 r- I� W is ■I ■■�' ■ ��I ii ■ • . '� '� i■��e � f �I �■e Ilty�� �I! b ` n �i ]'■ % 1 Iipriin II �I �,•: �Jb� �� �■ V1{y v �1L _ � a�.� _ iii.-• _a ` -A k r D i p aA FOOD MENU PROVIDED BY THE APPLICANT EXHIBIT 9 A� CLAM CHOWDER FRENCH N- CH ON16 N,SOUP , " new p ng an, style fwt chppp a 8lan Po,,, nes toppe d With a sourddigh crouton I I served with a sourdough wedge 5:95. i and. melted swiss cheese 5L95 HOUiEiALAb SUMMER SALAD f�1lXed greens assn slaw with bXOCeoh bean SpXPUts, :, hearts of mmaiine; fresh strawberries, ayocado, ffbtS; V.vontbhS andspit I y . pilarnfit v1naigr0tte,b,'95.. W i d , a nuts and lialaks.Wittif boneless beef short ribz�hndnatad iti garlic soy 'll a spiced balsamic vinaigrette ,7,95 earts of nmith d rising, BABY LEAF - SPINACH.' parmesbn�o aes6 and croutons 645 s;..req onions, smoked o4jaif, C" E, D SAiRp aomatoes, croutons d I b A ` I- - a�sarrulq�vinaigrette,7.45"- avo�ado';tamatoes sweet corn, cilahtr`o red and gteen ° WALNUT PEAR SALAD anions 2pplewood 'k celery witha !,d crumples r e d . onions ; t , o fim1t, b E c " ", 1 inu is g ns; a 6a isOmfc virungrettaf:T E -MIXED IFIFLD GREENS tossed 411 to m 6669 n,cunbefs; carrots leeks crbutohS:. 'and bals' am'ic' vlhblg_rbt�fjj*5. 5; :,:i;;tomatods red onions and: 616u cheese -cifessinig: d 6 fi- se ;s,7 2'bf'�, 000 with b a c a , r ,nf, spinach se i 1, ...... 10 j__Am_0R_A CO,W A -,S i snr fried sdlosed tofp pone Hats and gmeq pmb7is S4ith three dipping Sauces 21511 choipe of . i ' SPINACH CHEESE DIP . ;. GRILLED 1CbREAN BSQ EEEF I baked with feta, jack cheese, miesan and , , da, . � boneless beef short ribz�hndnatad iti garlic soy cream cheese served with crispy flat bread 9.$5 sesame and brown sugar with jasmine rice, spinach, carrots bean sprouts andgreen OM Fr- blue crab _and ,a,pdmo ' e. h eads 6akeell diw... , RN14`ROLL isushi wi[h 4 11irc eiasO blend served wittijortillafohl and grilled flat breed 10.35 rice cake with cucumber, snow .. .c rab to bI iko evocacp an and wasap I soy sauce ia95 f MOO SHU EGG ROLLS BUFFAL WINGS filled with chic ! tossed I 66e,* th ranch 8 a , r ,nf, spinach se i 1, FIRECRACI�R WINGS . FRIED in a spicy sersAir'ne garlic plum gtp fries, maple dijon and ranch 8;95 .... . GR GRILLED JAMAICAN WINGS. CHICKEN N , A C. i HOS whh.Phebd`ara'ih'd'*ja6k cheese, tomato onions tossed in I& sprees with rum bb sauce 9.8 guacadicife'afficl spicy pinto- 6eans 8.9,5. GRILLE b AR, fi,CHO� ONION RING, TOWER sewed' 'Wit roasted garlic afoli dipping Sauce and house fried potato chips 8.95 'beer r battered .. an I d dusted with p, armasan cheese, served with chpotle and ranch dippingsaul:6, 7.85- HAWAIIAN POKE STACK FRIED CAL.141,11ARI marinated hrei;h atii stacked wA been spinautii, d WaM b a oan' I say sauce'' sewed with spicy tomato and Carter sauce 0.65 COCONUT SHRIMP SPICY TUNA ROLL seared.ahi; a (in- ROLL _�ieqarra,. itlltcu, bep, with spicy green papaya I salad; sweet chili sauce" With wasabi s4 seV_ 10.95._ and.citentrb pesto U .25 "i-mv , , , 4 W CHINESE, GARLIC NOODLES SEARED AHI WHIM! tossed 6A lei chives pa blackened ed served With soy vinaigrette; cheese ,and shlitake mushrooms„ 5 wasabtand pickled ginger m ji 9� 10 5o beer,battered iceland cod served with:fries, tartar and cocktail sauce 13.95 SFIRINIP RICrE BOWL stir -fried with bok'ehdy, bapy;com, snap'.peas, carrdt's' peppers, broccoli, shiliake mushrooms, and;]asmihe rice'14.95 topped With tried carrot strmg3 21 45, .. UNWINE'& CLAMS in garlic white wine or spicy tomato sauce 17.45 I ACGT.rD lSAOLI/^ nlnnt�� =ro r and shnteke mushroomsL9 95 F A SHRIMP PASTA d shnmp antl angel hM R pasta ni -a mato voAka; fe--rn,sauce 15.95 With snow peas and carrots a potatoes with lemon grass;be 5� TAI bacardi o rum; F-113,00silver, tequila, cointmau, swe ERY. BLAST finlandia wild berie: LIAN LEMONADE ketel one Citroen; I I COOLER finlandia mango vodka, colntr :T'icori, pineapple Judmi,sweetZ sour. ALIv NP&IM5, 9; 25 BIKINI TIN[ LEMON DR ©P gruzan banana rum,, malibu`. pineapple idan, > ' k'ete o a eltniiiii- vodka, of ,pineapple juice; Tarry re skyy citrus vodka, dakuper apple MAI �. pucker, sweet & sour: hLACK ORCHID ba- cari_d_- Qrwm, co in reau malibu pmeapplerum skyy melon vodka, blue dekuyper, I ,, - - oassion. li fruit juice I I I --- dekuyper watermelon pue ksrjcrafibe" y juice HAWAIIAN SUNSET PEACH three dw" as c dr'&"- RI odk&- dekuyper pea h , schnapps ;-� ma J P@ -19aSa10 R fUlt jYR` cranberry juice & Irm n lime soite2e ' island blue schnapps, deldiyper raUrTi6zz. sweet &sour finlandia wild berries voclka,.deliujtperisland blue; INANGOLIGIOUS HPNOTINI CA - . N - - . mTe4 0UP - lon vodkk,'ql mangcquT dekuypVr -VANILLA fnlan- a n mango eumi me go P U 04: watermelon PU6kerj*:0rangeIj6l0:& fre§ft fire Is �,&6 I . . .... skyy vanilla vodka, 6fiamboid, half & half . . ... CHOCOLATE IUSS three olives chocolate vodka, dekuyper White MIAMI ICE stoli persilk (peach) vodka, dekuyper island blue bu.pirapple rum, sweet &.sour schnapps, mail e creme die cacao : bacardi gran melon rum dekuyper watermelon • CHOC - LATE 'RASPBERRY TRUFFLE pucker, sweet & sour PINK PARR PISE.I.;.. skyy citrus vodka frargpldo; dekby raun' z al I& half, .cruzan anana tunA ekuyper*aeftelon !fucker malibu pthOpfo a rum cranberry pmeapp . , , . - - , dim 11 bom* sapphire, i i: roc, gray �k .ketel one, ketel one 6itroen OkAkAI , , r Mkp '- y up 1'1 a.v Qdk a,, dekuyper csIbimarw _ . t e h y0 r b d;'d _ yp er-razzmatazz e_k'o, mon. n ponegrana fe syd0 sweet & sour - , pharbord, half & half, chocolate syrup ESPRESSO ..!PURPLE COW skyy vanilla vddka kahlu , nin ahissc s yrup, halt , finlandia wild be T es vodka ce 11 razzmat azz, zz, . GEORGIA PEACH splash of sweet &sour, s n with stoli persilk (peach) vodka; dekuyper io6a6h SOUR APPLE schnapps, sweet & sour skyy citrus vodka, dakuper apple �. pucker, sweet & sour: GRAPE CRUSH finiandia wild berries - vodka, shakka grape, 'STRAWBERRY FIELDS sprite, sweet & sciiii finiandig wild 66nriia'vodw dekuyper triple sac. remy red, sweet & sour HAWAIIAN SUNSET three olives cherry vodka, malibu pineapple fimij dekuyper SWEET TART island blue schnapps, deldiyper raUrTi6zz. sweet &sour finlandia wild berries voclka,.deliujtperisland blue; dekuyper apple pucker; sweet & sour, HPNOTINI ketel one citroen Vodka, malibu pineapple, rum; -VANILLA CHEESECAKE . hinnotiq, pineapple Juice, skyy vanilla vodka, 6fiamboid, half & half • KEYLIME PIE WATERMELON skyy vanilla vodka, malibu pineapple rixiii, bacardi gran melon rum dekuyper watermelon miclori, pineapple juice,,half-& half pucker, sweet & sour 'DESSERT MARTINI J BUILD YOUR OWN bom* sapphire, i i: roc, gray �k .ketel one, ketel one 6itroen 0 SALMON CREEK California - Chardonnay ` 6 6:50 ` 2 23;t IRONY Napa Valley .. C Chardonnay fP t 0 5 SIX PACK •:> ABITA PURPLE HAZE PORTLAND MACTARNAHAN`S ALASKAN AMBER . :E - AMSTEL LIGHT - - - . •. C ANCHOR LIBERTY .k ANCHOR STEAM RED HOOK ESE! ANHEUSER SEASONAL `F AM. 96ONT AMBER. 'k IN A.V. BROTHER DAVID'S DOUBLE: "F • A.V. BROTHER DAVID'S TRIPLE 6 A.V. HOP OTTIN IPA F A.V. SEASONAL t .BARE KNUCKLE STOUT f ASS ALE .. F ..:. ;BAYHAWK AMBER ALE N BAYHAWK BEACH BLONDE ..K BAYHAWK CHOCOLATE PORTER , .TECATE BAYHAWK HEFEWEIZEN k BAYHAWK HONEY BLONDE - M BAYHAWK OC LAGER ":L BEAR REPUBLIC RACER 5 IPA. ' l BECK'S ' L BELHAVEN SCOTTISH'ALE :L BLUE MOON BODDINGTONS PUB'ALE- _ r BUD LIGHT. ' . BUDWEISER - CARLSBERG"! COORS LIGHT COORS ORIGINAL MICHELOB •. DELIRIUM TREMENS MICHELOB 'DESCHUTES BLACK BUTTE PORTER MILLER GE DESCNUTES MIRROR:POND PALE DOS EQUIS AMBER E.: . nLF nLF . PILSNER URQUELL'.. but PORTLAND MACTARNAHAN`S - PORTLAND OREGON HONEY'. HORRWEISSE PYRAMID HEFEWEIZEN 'RED HOOK BLONDE BOISE RED HOOK ESE! ENGLISH ALL: RED HOOK IPA NWHITE GUE DEAp GUY ALE BLONDEE, ROGUE HA ZELNUT-BROWN IEMP'ALE , '.ROGUE RED PA 'ROLLING ROCK 'ALE ALE - . SAM ADAMS BOSTON LAGER *: ED NECTAR ALE- :,' ,SAM ADAMS SEASONAL N SAPPORO nLF nLF : MINLK nMtk )-LAGER SHINEk HEFEWEIZEN f LAGER , SIERRA NEVADA' PAWAi iii 64 SIERRA:NEVADq SEASON AL SLO BLUEBERRY ALE' ' BOISE "'SMITHWICWS - 1E SPATEN, LAGER 'G.AT AMsBER SPATEN OKTOBEWES7 OT M, 4 rt SPATEN OPTIMATOR 40AW 0yiN 5'PA7EN PtLS r.. ...... B( RNAkDUSABf} 12 TERRY BROWN; STIRIPILAGEk :iS RED ALE -'' STELLA-AR'(OtS 3 EAD PALE , ' • VONElARRON`ANT BASTARD I STONE,IPA yKIL AYE 'STONE PALE At BOCK , .TECATE TETLEY'S RAFT WAIMEA LUAU LAGER WAIMEAPALEALE ....... ��..wlvmeK ne�ewel< FIRESTONE LAGER c o.. MURPHY'S IRISH STOUT WIDMER SEASONAL R'S NEW BELGIUM FAT TIRE WITiEKER WHI KE TE ZISICANER HEFE;WEISSE NEWCASTLE WOODOHUCK DARI ULLSAIL AMBER ALE. N. COAST RED SEAL ALE - WYDER'S APPLE CIl ULL SAIL PALE ALE. N. COAST SCRIMSHAW WYDER'S PEACy Cj LLER'S ESB • OMMEGANG HENNEPIN WMER'5 PEAR CID �.. -LER'S LONDON PRIDE. : PABST BLUE RIBBON WYDER'S RASPBER! ORGE KILLIAN'S IRISH RED PAULANER HEFEWEIZEN YOUNG'S CHOCOL ON BIERSCH MARZEN PAULANER LAGER YOUNG'S OATMEAL RUARK PAULANER PILSNER ( •SERVED,IN GGBLETS ASK ABOUT. YARD HOUSE PICKS - OUR ROTATING, BEER SELECTIONS S BLAOK &TAN Bass Ale & Guinness Stout O'DOULS (bottled) BhAOKt ELVE7 WYdeYs Pear Cider & Guinness Stout ST. PAULI GIRL (bottled) r ECLIPSE Blue Mbon & Guinness Stout HALP &HALF Harp & Guinness Stout SIAKEBb7E, Wyder's Pear Cider &Harp �JUNGBERRY CHOCOLATE Lindeman's Framboise & Young's Chocolate Stout with vanilla i E' Young's Chocolate Stout Lindeman's Framboise with Vanilla iEe [M.9 b. 21 a.IE to ortle j'.'; MBER c OR CIDERS t CIDER sTo- TOUT, It? 17