HomeMy WebLinkAboutOzumo Restaurant (PA2004-045)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
May 20, 2004
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
rung(a)-city. newoort- 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:
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
comer 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.
Ozumo Restaurant (PA2004 -045)
May 20, 2004
Page 2 of 6
849 Newport Center Drive
Use Permit No. 2004 -007
Current
Development:
Empty tenant space within Fashion Island
To the north:
Bloomin dale's Department Store
To the east:
Retail stores and Woffgang Puck Cate
To the south:
Retail uses within Fashion Island.
To the west:
Parking Structure No. 2
Ozumo 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:
f. 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
fine dining restaurant. The service of beer, wine, and distilled spirits is made for the
Ozumo Restaurant (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
1 Cit Avera e:
3502.42
RD No. 44:
2470.46
1 California:
3943.70
RD No. 43:
4502.81
1 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 Restaurant (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 540/0 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. Adiacent 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
Ozumo Restaurant (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.
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: Submitted by:
24 - ". i 1� _ -
Ung, A soci a Planner Patricia L. Temple, fanning Director
Exhibits
1. Draft Resolution No. 2004 -_; findings and conditions of approval
2. Letter and project description from applicant
3. Police Department report
4. Project Plans
EXHIBIT 1
DRAFT RESOLUTION
I
RESOLUTION NO.
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:
1. 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.
L
City of Newport Beach
Planning Commission Resolution No.
Page 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:
Section 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.
BY:
Earl McDaniel, Chairman
,3'11
Michael Toerge, Secretary
AYES:
NOES:
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2004-007
The development shall be in substantial conformance with the approved floor
plan dated February 12, 2004.
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 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 /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 optained. Background music provided through
the restaurant's internal system or by a disc jockey is permitted. No music and/or
audible paging or speaker 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 Commission Resolution No.
Page 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.
1\
City of Newport Beach
Planning Commission Resolution No.
Paae 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:OOPM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
4OdBA
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
N/A
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.
APPLICANT: Ozumo Newport, LLC dba Ozumo Restaurant
REQUEST: Approval of Conditional Use Permit Permitting the On -Sale of
Beer, Wine and Distilled Spirits and Live Entertainment ( "DJ") in
Conjunction With The Operation of a Restaurant.
PROPOSED USE: Restaurant With On -Sale Service of Beer, Wine and Distilled
Spirits and Live Entertainment ( "DJ ").
ADDRESS: 849 Newport Center Drive
Newport Beach, California 92660
PROJECT NARRATIVE
The proposed project is for the approval of a Type 47 On -Sale General Eating Place
alcoholic beverage license to permit the on -sale beer, wine and distilled spirits and live
entertainment ( "DJ's for a new restaurant to be located within Fashion Island. The
propose use is for an " Ozumo" restaurant. Ozumo is a contemporary casual fine dining
restaurant serving Japanese haute cuisine in a elegant and comfortable atmosphere. This
will be the second restaurant unit, the other being located in San Francisco.
This request is to permit the on premise sale of beer, wine and distilled spirits for on -sale
consumption in conjunction with the operations of the restaurant. Service of beer, wine
and distilled spirits is made for the convenience of patrons dining at the restaurant.
Additionally, the applicant proposes having a disc jockey provide background music for
the restaurant. All interior and exterior improvements proposed will pursuant to
approved plans by the City of Newport Beach and the landlord.
The subject property is located within Fashion Island, a large master planned regional
shopping center. The site is completely bounded by other retail uses. Fashion Island
itself is surrounded by office, hotel and other commercial uses. There are no residential
structures in the immediate area of the proposed restaurant.
The patrons of the restaurant will be generated from patrons of Fashion Island,
surrounding office employees and the surrounding community.
The proposed restaurant will have a total restaurant area of approximately 7,911 square
feet with a patio area of approximately 831 square feet. The proposed restaurant will be
open seven (7) days a week. The proposed hours of operation are Sunday 11:00 AM to
11:00 PM and Monday through Saturday 11:00 AM to 1:00 AM.
The project will employ approximately 40 employees that would be on -site at one time.
The surrounding land uses are as follows:
North:
Office /Commercial.
South:
Office /Commercial.
East:
Office/Commercial.
West:
Office/Commercial.
�A
EXHIBIT 3
POLICE DEPARTMENT REPORT 5
1
City of Newport Beach
Police Department
Memorandum
April 7, 2004
TO: R. Ung, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Ozumo Restaurant at
849 Newport Center Drive. This area encompasses our reporting district (RD) number 39 as
well as part of Census Tract 630.08. This report reflects City of Newport Beach data for
calendar year 2003, which is the most current data available.
Calls for Service Information
City wide there was 60,149 calls for police services during this time, of which 4,162 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 6,410 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,650 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
3,760 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,502.42 per 100,000 people. The national Part One crime rate was 4,118.8* per
100,000 people.
Crimes
RD 39
Newport Beach
California*
National*
Part 1
278
2,650
1,384,872
11,877,218
Part 2
114
3,760
N/A
N/A
Part 1Crime Rate
32,027.65
3,502.42
3,943.7
4,118.8
The number of active ABC licenses in this RD is 39 **
Per capita ratio l license for every 22 residents.
This reporting district had a total of 392 reported crimes as compared to a City wide
reporting district average of 155 reported crimes. This reporting district is 237 crimes or
153% 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
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 * *. � �p
Arrest Information
There were 42 DUI arrests and 33 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to 5.78% 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 39 Newport Beach
(DUI/Drunk) 75 1,299
All Arrests 242 3,524
California* National*
N/A N/A
1,412566 9,811,831
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 44 and RD 43. The Fashion Island Shopping area is fully located within
RD39. This RD is primarily a commercial area and has very few residences.
Crimes
RD 43
RD 44
Part 1
48
138
Part 2
58
121
Crime Rate
4,502.81
2,470.46
Arrests (DUIlDrunk)
19
82
All Arrests
33
152
Calls For Service
991
4,162
Number of active ABC licenses
7 **
24 **
Per capita ratiol license for every
152 **
233 ** 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 75,645. .
*These numbers are from the 2002 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
City of Newport Beach
Police Department
Memorandum
May 5, 2004
TO: Rosalinh Ung — Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Ozumo Japanese Restaurant UP2004 -007
Per your request our office has reviewed the project review for Ozumo Japanese Restaurant,
located at 849 Newport Center Drive, Newport Beach. The proposed restaurant will have a
total restaurant area of approximately 7,911 square feet (298 occupancy) with a patio area of
approximately 831 square feet (55 occupancy). Combined total 8,742 square feet 353
occupancy. The applicant proposes having a DJ for purposes of background music only.
The applicant would like to have pre- recorded background music both inside the restaurant
and on the patio when DJ is not playing. There will be no dancing or live entertainment.
The applicant has applied for a Type 47 (On -Sale General- Eating) Place license with the
Department of Alcoholic Beverage Control. 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 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:
Ozumo is a contemporary casual fine dining restaurant serving Japanese haute cuisine in an
elegant and comfortable atmosphere. This will be the second restaurant, the. other being
located in San Francisco.
Signs and Displays
Any signs and 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.
Ozumo Japanese Restaurant
UP2004 -007
Page 2 of 3
Hours of Operation
The proposed hours of operation are Sunday 11:00 am to 11:00 pm and Monday through
Saturday 11:00 am to 1:00 am.
Preventive Design
The Police Department has no recommendations.
Security:
Alarm System.
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. For
the purposes of this application, staff may also want to consider establishing conditions that
would require Special Event Permit. A Special Event Permit may be required for any event or
promotional activity outside the normal operational characteristics of the proposed operation.
For example, events likely to attract large crowds, or events for which an admission fee is
charged, those that include any form of party 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 condition would be appropriate for
the Conditional Use Permit for the business:
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.
11
Ozumo Japanese Restaurant
UP2004 -007
Page 3 of 3
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 that 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.
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 time 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.
7. 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.
8. There shall be no dancing or live entertainment allowed on the premises.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
G
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