HomeMy WebLinkAboutZovs Bistro_UP2006-027_21123 Newport Coast Dr (PA2006-223)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
January 4, 2007
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
ru ng d -city. newport-bea ch. ca. us
(949) 644 -3208
SUBJECT: Zov's Bistro
Use Permit No. 2006 -027 (PA2006 -223)
21123 Newport Coast Drive
APPLICANT: Zov's Bistro
ISSUE
Should the Planning Commission approve a Use Permit pursuant to Chapter 20.89
(Alcoholic Beverage Outlets) to allow Zov's Bistro to operate with a Type 47 (On -Sale,
General, Eating Place) Alcoholic Beverage License?
RECOMMENDATION
Staff recommends that the Planning Commission approve Use Permit No. 2006 -027, to
allow an eating and drinking establishment to have a Type 47 (On -Sale General Eating
Place) License, subject to the findings and conditions of approval within the draft
resolution.
DISCUSSION
Background & Site /Proiect Overview
The restaurant is located within the Newport Ridge Shopping Center at the southwest
comer of San Joaquin Hills Road and Newport Coast Drive. The property has a General
Plan designation of Neighborhood Commercial and is zoned Newport Ridge Planned
Community (NPR -PC). The site is subject to the development standards of the Newport
Ridge Planned Community wherein restaurants are permitted uses with the approval of a
Site Development Permit by the Planning Commission.
Zov's Bistro
January 4, 2007
Page 2 of 7
t$48 Newport Center Drive
Use Permit M^ 9nna_n07
Current
Development:
Shopping center
To the north:
Private park and Planned Community Center under construction
To the east:
School
To the south:
Residential, fire station & o en s ace
To the west:
Residential
Zov's Bistro
January 4, 2007
Page 3 of 7
In 2000, the County of Orange approved a Site Development Permit and Coastal
Development for the development of the Shopping Center including the existing
restaurant. The commercial center has approximately 102,959 square feet of retail
commercial uses including a 55,232- square foot Pavilions Supermarket and three (3) in-
line general retail /food service buildings totaling 47,727 square feet. A shared centralized
parking lot of 541 spaces is provided. Zov's Bistro is proposed to occupy the existing
corner suite formerly occupied by Soma Cafe with no changes to the overall footprint of
the tenant space. A Site Development Permit, therefore, is not required since the request
would be deemed as the continuation of the existing restaurant use.
The proposed restaurant has approximately 3,342 square feet of interior space and
approximately 626 square feet of outside dining area. The restaurant has a 7 -seat bar of
approximately 62 square feet or 2% of the total restaurant area. The restaurant will be
open seven days a week, from 7:00 a.m. to 9:00 p.m.
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. The number of
employees during peak hours in Zov's Bistro will be approximately 25 persons. The
restaurant will seat approximately 119 patrons (87 persons inside the establishment
and 32 persons outside in the patio area).
Analysis
Chapter 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code
requires approval of a Use Permit by the Planning Commission for any new alcoholic
beverage outlet. The review and approval of this application is limited to the
consideration of the alcoholic beverage service as required by the ABO, since the
restaurant is permitted under the existing Site Development Permit issued by the
County of Orange, in accordance with the Newport Ridge Planned Community
regulations. Section 20.89.030.8 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.
Zov's Bistro
January 4, 2007
Page 4 of 7
Public Convenience or Necessity. The proposed alcohol outlet is a full - service dining
restaurant. The service of beer, wine, and distilled spirits is made for the convenience
of patrons dining at the restaurant. The Newport Ridge Planned Community includes
provisions for such restaurant uses, and the restaurants can be viewed as
complementary to the existing neighborhood shopping center. 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, if asked, the proposed establishment is a restaurant and not a bar or
nightclub.
Crime Rate. Citywide, there were 6,142 crimes reported during calendar year 2005, of
which 3,137 were Part One Crimes (serious offenses). The remaining 3,005 were Part
Two Crimes that include alcohol related arrests. The project site, located within the
Newport Coast area, is located within Police Reporting District No. 61. The Part One
and Two Crimes Rates for the RD, two adjacent RD's and the City are shown in the
following table for comparison.
Reporting District
Part One Crimes
Part Two Crimes
Part One Crimes
Rate (per 100,000
people)
RD No. 61
60
36
2,027.71
RD No. 64
36
23
2,805.92
RD No. 66
24
7
3,301.24
Newport Beach
3,137
3,005
3,882.43
The crime rate in RD 61 is substantially lower due to limited commercial development.
During 2005, the number of Part One Crimes in RD No. 61 was 60 and the number of
Part Two Crimes was 36. RD No. 64 had 36 Part One and 23 Part Two Crimes; and RD
No. 66 had 24 Part One and 7 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 given the relatively greater number of commercial uses located in
the shopping center within RD No. 61. RD Nos. 64 and 66 are primarily residential.
Over Concentration. There are a total of 4 active ABC licenses within RD No. 61. The
census tract within which the restaurant is located has a much lower ratio of liquor
licenses to population (1 license for every 740 residents) when compared with the
average ratio for Orange County (1 license for every 592 residents. As noted in the
Police Department report, the requested on -sale alcohol license is not expected to
generate additional crime problems in the area. The concentration of alcoholic
beverage licenses within the area is not considered detrimental to the community by the
Police Department.
Zov's Bistro
January 4, 2007
Page 5 of 7
Alcohol Related Crimes. The Police Department has provided statistics for 2005 for
driving under the influence and alcohol - related driving arrests in the following table.
Reporting District
DUI /Drunk Arrests
All Arrests
RD No. 61
8
15
RD No. 64
0
10
RD No. 66
5
6
Newport Beach
1,051
3,115
City -wide, alcohol related arrests account for 34% (1,051/3,115) of all arrests made.
The alcohol - related arrest rate in the two adjacent reporting districts is 0% for RD No.
64 and 84% for RD No. 66. The rate of alcohol - related arrests within the reporting
district in which the project is located, RD No. 61, is higher than the city -wide average
and RD No. 64 but lower than RD No. 66. The Police Department does not believe that
the proposed request will generate a significant number of alcohol - related incidents.
AJacent Uses. The site is located within the Newport Ridge Planned Community
wherein residential uses predominate. The existing commercial center is bounded by
Newport Coast Drive to the east, San Joaquin Hills Road to the north and Ridge Park
Road to the south and west. The site is not immediately adjacent to residential land
uses. All residential developments or playgrounds /parks within the area are separated
from the shopping center by Newport Coast Drive, San Joaquin Hills Road or Ridge Park
Road. The existing Newport Coast Elementary School is approximately 235 feet from
the restaurant 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.
Use Permit Findings
In addition to the required ABO findings, the Zoning Code requires the Planning
Commission to make findings for a Use Permit allowing on -site sale of alcohol beverages.
These findings are listed and discussed below.
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
The restaurant and proposed ancillary alcoholic beverage service meets the intent of the
Chapter 20.82 (Eating and Drinking Establishments) and Chapter 20.89 (Alcoholic
Beverage Outlets) of the Newport Beach Municipal Code and Newport Ridge Planned
Community District Regulations as the existing restaurant use is permitted under the
existing Site Development Permit in accordance with the Newport Ridge Planned
Community regulations. The request for on -site consumption of alcoholic beverages to
Zov's Bistro
January 4, 2007
Page 6 of 7
be operated in conjunction with restaurant operation is allowed subject to the approval of
a Use Permit.
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.
Based on the review of the proposed operating characteristics of the restaurant including
the hours of operations, the proposed service of alcoholic beverages will not significantly
change the operational characteristics of the restaurant as to result in additional parking _
and security demands. The principal use of the restaurant will not likely be a detriment to
the site or the community as the center is separated from other surrounding uses by
roadways. The site is not immediately adjacent to residential land uses. All residential
developments or playgrounds/parks within the area are separated from the shopping
center by Newport Coast Drive, San Joaquin Hills Road or Ridge Park Road. The existing
Newport Coast Elementary School is approximately 235 feet from the restaurant site.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
Approval of on -site sale of alcohol beverages is subject to conditions resulting in strict
adherence to the Alcoholic Beverage Outlets Development and Operational Regulations
(Section 20.89.050). These conditions include restrictions on the hours of operation (7:00
a.m. to 9:00 p.m.) and prohibition of "happy hour" reduced alcohol beverage prices that
would promote sale of such beverages.
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 (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. Approval of a Use Permit for on -site sale of alcohol beverages 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
Zov's Bistro
January 4, 2007
Page 7 of 7
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, proposed
operation, and proposed conditions of approval, staff believes that the findings of
approval for the Use Permit can be made for this request in that it is not likely that the
operation will prove detrimental to the community.
Prepared by: Submitted by:
i
alp—
M salinh Ung, Asso i to Planner
Exhibits
1. Draft Resolution No. 2006-; findings and conditions of approval
2. Letter and project description from applicant
3. Police Department report
4. Project Plans
EXHIBIT NO. 1
DRAFT RESOLUTION
vil
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -027, FOR A
TYPE 47 LICENSE ALLOWING FOR ON -SITE SALE OF ALCOHOLIC
BEVERAGES FOR PROPERTY LOCATED AT 21123 NEWPORT
COAST DRIVE (PA2004 -045)
WHEREAS, an application was filed by Zov's Bistro with respect to property
located at 21123 Newport Coast Drive, and legally described as Parcel Nos. 1 & 2 of
Parcel Map No. 2000 -160, requesting approval of a Use Permit to authorize the sale of
alcoholic beverages (Type 47) for on -site consumption pursuant to Chapter 20.89
(Alcoholic Beverage Outlet) of the Newport Beach Municipal Code; and
WHEREAS, a public hearing was held on January 4, 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; and
WHEREAS, the property has a General Plan designation of Neighborhood
Commercial and is zoned Newport Coast Planned Community (NPC -PC) and Newport
Ridge Planned Community (NPR -PC). The property is presently improved with a
neighborhood retail shopping center; and
WHEREAS, the restaurant is permitted under the existing Site Development Permit
issued by the County of Orange in 2000, in accordance with the Newport Ridge Planned
Community regulations; and
WHEREAS, the review of the Use Permit application is limited to the
consideration of the alcoholic beverage service as required by Chapter 20.89 (Alcoholic
Beverage Outlets) of the Newport Beach Municipal Code; and
WHEREAS, the alcoholic beverage service complies with the purpose and intent
of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) 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.
2. The convenience of the public can be served by the sale of alcoholic beverages
in conjunction with a full - service, dining restaurant that is complementary to the
surrounding uses within Newport Ridge and New Coast areas. Alcohol service is
typical and expected by the public in a full - service 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.
q
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 6
4. The number of alcohol licenses within the Reporting District and adjacent
Reporting Districts is not higher than that of other census tracts within the City.
5. The percentage of alcohol - related arrests in the police Reporting District in which
the project is proposed is higher than the percentage citywide; however,
accessory on -site consumption of alcoholic beverages, based on expert opinion
of the Police Department, is not expected to increase alcohol- related crime.
6. The shopping center is separated from other uses by roadways and there are no
sensitive uses such as residences, day care centers, schools or hospital located
in close proximity to the project site.
WHEREAS, in addition to the required findings of Chapter 20.89 (Alcoholic
Beverage Outlets), the Planning Commission is required to make the following findings
pursuant to Chapter 20.91 (Use Permits and Variances):
1. 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: The restaurant and proposed ancillary alcoholic
beverage service meet the intent of the Chapter 20.82 (Eating and Drinking
Establishments) and Chapter 20.89 (Alcoholic Beverage Outlets) of the Newport
Beach Municipal Code and Newport Ridge Planned Community District
Regulations as the existing restaurant use is permitted under the existing Site
Development Permit in accordance with the Newport Ridge Planned Community
regulations. The request for on -site consumption of alcoholic beverages to be
operated in conjunction with a restaurant is allowed subject to the approval of a Use
Permit.
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: Based on the review of the proposed operating
characteristics of the restaurant including the hours of operations, the proposed
service of alcoholic beverages will not significantly change the operational
characteristics of the restaurant so as to result in additional parking and security
demands. The principal use of the restaurant with on -site sale of alcoholic
beverages will not likely be a detriment to the site or the community as the center is
separated from other surrounding uses by roadways. The site is not immediately
adjacent to sensitive land uses. All residential developments or playgrounds /parks
within the area are separated from the shopping center by Newport Coast Drive,
10
City of Newport Beach
Planning Commission Resolution No. _
Paqe 3 of 6
San Joaquin Hills Road or Ridge Park Road. The existing Newport Coast
Elementary School is approximately 235 feet from the restaurant site.
3. Finding: That the proposed use will comply with the provisions of this code,
including specific conditions for the proposed use in the district in which it would be
located.
Facts in Support of Finding: The restaurant has been conditioned in such a manner
as to require strict adherence to the Alcoholic Beverage Outlets Development and
Operational Regulations (Section 20.89.050).
WHEREAS, the project has been reviewed, and it qualifies for a categorical
exemption pursuant to 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 that was formerly occupied
by a similar restaurant and approval of a Use Permit for on -site sale of alcoholic beverages
is not a project pursuant to CEQA.
NOW, THEREFORE; BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2006 -027, 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
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF JANUARY 2007.
AYES:
NOES:
Fin
Jeffrey Cole, Chairman
BY:
Robert Hawkins, Secretary
City of Newport Beach
Planning Commission Resolution No. _
Page, of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2006-027
Standard Conditions
The development shall be in substantial conformance with the approved floor
plan dated December 6, 2006.
2. Use Permit No. 2006 -027 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. 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.
4. 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
the current business owner, property owner and /or the leasing agent.
5. 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.
6. 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.
7. Approval of the Use Permit does not permit the premises to operate as a bar,
tavern, cocktail lounge or nightclub as defined by the Municipal Code.
The alcoholic beverage outlet operator shall take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
a
City of Newport Beach
Planning Commission Resolution No. _
Paqe 5 of 6
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.
9. There shall be no exterior advertising or signs of any kind of type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Signs that are clearly visible to the exterior
shall constitute a violation of this condition.
10. 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 permit.
11. 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; Jnclude any form of on -site media broadcast, or any other
activities as specified in Chapter, 11.03 of the Newport Beach Municipal Code
12. 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.
13. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
14. 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.
15. 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 Planning Department on
demand.
16. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. Noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal
Code.
17. The exterior of the alcoholic beverage outlet, including all signs and accessory
buildings and structures, shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter and debris
0
City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 6
from the premises and on all abutting sidewalks within 20 feet of the premises.
Graffiti shall be removed within 48 hours of written notice from the City.
Proiect Speck Conditions
18. Hours of operation shall be limited to between the hours from 7:00 a.m. to 9:00
p.m., seven days a week.
19. There shall be no live entertainment of any type permitted on the premises.
Background music may be allowed through the restaurants interior sound
system. No audible paging system shall be allowed outside the building.
20. There shall be no dancing allowed on the premises.
21. No "happy hour" type of reduced price alcoholic beverage promotion shall be
allowed.
}q
EXHIBIT NO. 2
..lETTER AND PROJECT
DESCRIPTION FROM
APPLICANT
0
PRJECT DESCRIPTION AND JUSTIFICATION
Zov's Bistro is proposed to be located at 21123 Newport Coast Drive (assessors
parcel number 461 153 04) in the previous space of SOMA Cafe. SOMA Cafe was a
popular lifestyle cafe from Phoenix that offered morning coffee or a nutritious shake on
the go, to breakfast, lunch and dinner. Zov's Bistro is proposed at 3,342 square feet of
i terior space with an additional 626 square feet of outdoor patio. Zov's Bistro proposes
87 interior and 32 exterior seats for a total of 119 seats.
The Zov's Bistro experience is a unique combination of bistro and vegetarian
dining combined with Middle Eastern and European influenced cuisine, attentive service,
wine, and tempting desserts all served within a stylish, high- energy bistro. The adjacent
bakery/cafe offers informal dining and take -out items. In addition, Zov's offers full-
service catering, banquet facilities, and cooking classes.
Zov's Bistro's hours of operation are proposed to be Monday - Sunday TOOAM-
9:0011M. The total number of employees will be 45 with a maximum of 25 employees
per shift. Zov's Bistro will also be serving fill alcohol with a Type 47 License. Zov's
Bistro recognizes the serving of alcoholic beverages is a privilege granted to it by the
community in which it operates. It further recognizes that with this privilege comes the
responsibility to take positive steps to prevent excessive consumption and consumption
by minors. Accordingly, the restaurant carefully instructs its employees in the proper
identification and handling of minors or guests who may be or become intoxicated.
1�
EXHIBIT NO, 3
POLICE DEPARTMENT
REPORT
L1
City of Newport Beach
Police Department
Memorandum
November 17, 2006
TO: Rosalinh Ung — Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Zov's Bistro II —Project Review UP2006 -027
Per your request, our office has reviewed the project application for the " Zov's Bistro II,"
located at 21123 Newport Coast Drive, Newport Beach, CA 92657. This location was
previously operating as Soma Cafe Type 41 license (On -Sale Beer & Wine Eating Place).
The applicant is requesting a Type 47 license (On -Sale General Eating Place) for a
combination of bistro and vegetarian dining combine with Middle Eastern and European
cuisine. Full service catering, banquet, cooking classes, and adjacent bakery/cafe that will
allow: a) 119 dining seats, b) 7:00 am until 9:00 pm daily hours of operation and, c) allow the
sale of alcoholic beverages for On -Sale General Eating Place (Type 47 license).
We have included a report by Police Department 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 Mr. Jared Taylor of Zov's Bistro they currently have a location in Tustin, CA that offers
entertainment, benefits and Fundraisers. The Newport Beach location will not offer
entertainment, benefits or Fundraisers.
Signs and Displays
Advised that any signs and displays would need to conform to city requirements.
Hours of Operation
Recommended hours of operations 7:00 am to 9:00 pm daily.
Preventive Design
The Police Department has no recommendations.
Securi :
The Police Department has no recommendations.
6
Zov's Bistro II - UP2006 -027
Page 2 of 3
Employee Training
Require all owners, managers and employees serving and /or selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible methods and
skills for serving and selling alcoholic beverages.
Additional Comments:
The Police Department has no objection to the operation as described by the applicants and,
upon approval of the CUP, will condition the ABC license as necessary to maintain the
health, safety and welfare of the community.
For the purposes of this application, staff may also want to consider establishing conditions
that would require a City of Newport Beach Special Event Permit. A permit should be
required for any event or promotional activity outside the normal operational characteristics of
the proposed business. For example, events which are likely to attract large crowds or those
for which an admission fee is charged, events that include any form of party or contract
promoters, or any other activities as specified in the Newport Beach Municipal Code which
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 establishment:
J 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 license.
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.
0'4. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible
to the exterior shall constitute a violation of this condition.
%5. Petitioner shall not share any profits, or pay any percentage or commission to a
promoter or any other person, based upon moneys collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
0
Zov's Bistro II — UP2006 -027
Page 3 of 3
-/6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records which
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business. Said records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Department on demand.
ji. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event
Permit as issued by the City of Newport Beach.
A. There shall be no dancing allowed on the premises.
A. There shall be no live entertainment of any type on the premises at any time.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
P
City of Newport Beach
Police Department
Memorandum
November 16, 2006
TO: . Rosalinh Ung, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Zov's Bistro at 21123
Newport Coast Drive. 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 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 1,114 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 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 61
Newport Beach
California*
National*
Part 1
60
3,137
1,420,637
11,816,782
Part 2
36
3,005
N/A
N/A
Part 1Crime Rate
2,027.71
3,882.43
4,003.5
4,063.4
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 104 reported crimes as compared to a City wide
reporting district average of 162 reported crimes. This reporting district is 58 crimes or
35.66% 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 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 * *.
2, l
Arrest Information
There were 4 DUI arrests and 4 Plain Drunk arrest in this area during this same period as
compared to 1,051 for the entire city. This RD amounts to .76% 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
California*
National*
(DUI /Drunk)
8
1,051
N/A
N/A
All Arrests
15
3,115
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
24
Part 2
23
7
Crime Rate
2,805.92
3,301.24
Arrests (DUI /Drunk)
0
5
All Arrests
10
6
Calls For Service
860
608
Number of active ABC licenses
0 **
0 **
Per capita ratiol license for every
0 **
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.
Paul Salenko
Crime Analysis Unit
H
ve
C:
���� i
EXHIBIT NO. 4
PROJECT PLANS,
0
i
a ,
;Fltl g:a - i
U
LU
s I ! it, itill
MI
rain
E� �y
A SEC
N m
fq0 Q
CL
a
�v?
OOW
N Cm
N N Y,
m20
p N W
r
a.Na
_Q
0
-7-
U-
LU
J
C\j <
cf) m
O
�
N���
Q m
z
0
w
z
U
LU
s I ! it, itill
MI
rain
E� �y
A SEC
N m
fq0 Q
CL
a
�v?
OOW
N Cm
N N Y,
m20
p N W
r
a.Na
�1 Qg
Sri'
=bl1'
r
I
■ F
I� �
, | | ;•�i , |
|ii| | | | | | | | | || l�
eeee ;l;! &!$!e-
§ §! .
§ f \
■E!n
�. �
|'
4
0
im I
ISPr�:
IA
:z--
42 -