HomeMy WebLinkAboutMariposa Restaurant (PA2003-229)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
November 20, 2003
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
rungna.citv.newport- beach.ca. us
(949) 644 -3208
SUBJECT: Mariposa Restaurant at Neiman - Marcus
Use Permit No. 2003 -039 (PA2003 -229)
601 Newport Center Drive
APPLICANT: Michael Cho representing the applicant,
The Neiman- Marcus Group, Inc.
REQUEST:
The applicant is requesting the approval of a Use Permit to upgrade the existing alcoholic
beverage license for Neiman-Marcus from a Type 41 (On -Sale Beer and Wine Eating
Place) to a Type 47 (On -Sale General Eating Place) License.
RECOMMENDATION:
Staff recommends that the Planning Commission approve Use Permit No. 2003 -039, to
allow an eating and drinking establishment within Neiman - Marcus to operate under a
Type 47 (On -Sale General Eating Place) License, subject to the findings and conditions
of approval within the draft resolution.
BACKGROUND:
On April 20, 1978, the Planning Commission considered and approved Use Permit No.
1863, to allow an eating and drinking establishment, located on the second floor of
Neiman - Marcus, to operate with a Type 41 (On -Sale Beer and Wine Eating Place)
License. The Zodiac Restaurant has been in operation since the commercial complex
opened for business in Fashion Island. The restaurant is now closed, and had 3,250
square feet, no bar area, and a seating arrangement of 84 seats.
Mariposa Restaurant (PA2003 -229)
November 20, 2003
Page 2 of 7
941 — � EiE {fjn
601 Newport Center Dr!
Use Permit No. 2003 -039
Current
Development:
Neiman Marcus Department Store within Fashion Island
To the north:
Parking Lot within Fashion Island and the Four Seasons Hotel
To the east:
Parking Lot within Fashion Island and Office Tower III
To the south:
Retail uses within Fashion Island.
To the west:
Bloomin dale's Department Store and parking lot within Fashion Island.
Mariposa Restaurant (PA2003 -229)
November 20, 2003
Page 3 of 7
As a part of an ongoing interior renovation to the complex, the applicant is proposing to
improve and expand the food and beverage services to its clientele by opening a new
restaurant, Mariposa Restaurant, on the third floor of the building. The new restaurant is
under construction and proposes to serve distilled spirits in addition to beer and wine
under a Type 47 License with meal service.
DISCUSSION:
Site /Project Overview
The subject property is located within Fashion Island Shopping Center; a large master
planned community and has a zoning designation of PC (Planned Community- District
35). The Neiman - Marcus complex is located at the northerly tip of the shopping center
and has approximately 120,000 square feet of gross floor area.
Located on the third floor at the northwest corner of the building, Mariposa Restaurant
has a total area of 4,490 square feet, which includes: an enclosed patio terrace of
approximately 660 square feet; main dining area of approximately 2,065 square feet; a
small bar area outside near the restaurant's entrance of approximately 340 square feet;
and a kitchen area of approximately 1,425 square feet.
The number of employees during peak hours in Mariposa Restaurant would be
approximately 20 persons. The restaurant will seat approximately 114 patrons. No live
entertainment is proposed.
Analysis
In accordance with Section 20.89.030A1.a of the Alcoholic Beverage Ordinance (ABO),
a new use permit is required when an alcoholic b everage o utlet changes its type of
license with the Department of Alcoholic Beverage Control. Therefore,, this staff
analysis is required in conjunction with the findings and requirements of the ABO. The
Use Permit is limited to consideration under the ABO, since eating and drinking
establishments are permitted uses in the Fashion Island Planned Community.
General Plan
The City's General Plan designates the site as Retail and Service Commercial and is
allocated 1,603,850 square feet for regional retail and 1,700 theater seats. A record of
all floor area is maintained by the City with the assistance of the Irvine Company. The
applicant's request is consistent with this designation in that restaurants with the
accessory on -site sale of alcoholic beverages is a permitted use within the Retail &
Service Commercial land use designation.
Mariposa Restaurant (PA2003 -229)
November 20, 2003
Page 4 of 7
Parking
Parking for the proposed restaurant is within the existing parking facilities for Fashion
Island. According to the submitted site plan, Fashion Island shopping complex has an
approximately 5,943 parking spaces. The closure of the existing restaurant and the
opening of a new restaurant on a different floor within the same facility will not increase
the demand for additional on -site parking. Furthermore, the restaurant facility has been
and w ill b e a n i ncidental u se to t he p rimary function of retail sales in the store. The
primary function of the restaurant is to cater to the people who are already shopping in
Neiman - Marcus. Therefore, staff believes the existing parking arrangement for the store
will continue to be adequate.
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 11:00 p.m., and Sunday, from 11:00 a.m.
to 10:00 p.m. The restaurant's hours will coincide with the department store's hours.
The Police Department has no objections to the 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 restaurant is for full service fine
dining. The service of beer, wine, and distilled spirits is made for the 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. Furthermore, for this
Mariposa Restaurant (PA2003 -229)
November 20, 2003
Page 5 of 7
particular application, it could be determined that the new restaurant and the proposed
license would provide to their patrons the convenience and a njoyment of f ine d ining
during their visits to the department store. 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 ABO is a restaurant and not a bar or nightclub.
2. Crime Rate. Citywide, there were 7,057 crimes reported during calendar year
2002, of which 2,609 were Part One Crimes (serious offenses). The remaining 4,448
were Part Two Crimes that include alcohol related arrests. The project site, located
within Fashion Island, is located within Police Reporting District No. 39 and 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:
35829.49
City Average:
3448.23
RD No. 47:
481.54
Califomia:
3902.90
RD No. 43:
4221.39
National:
4160.50
The crime rate in RD 39 is substantially higher due to the very limited population of the
RD.
During 2002, the number of Part One Crimes in RD No.39 was 311 and the number of
Part Two Crimes was 277. RD No. 47 had 9 Part One and 28 Part Two Crimes; and RD
No. 43 had 45 Part One and 48 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 notes 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. 47 and 43 are primarily residential.
3. Over Concentration. There are a total of 37 active ABC licenses within RD No.
39. The census tract within which the restaurant is located has a higher ratio of liquor
licenses 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 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 were a total of 244 arrests,
Mariposa Restaurant (PA2003 -229)
November 20, 2003
Page 6 of 7
with 45 driving under the influence arrests and 25 plain drunk arrests within RD No. 39
in 2002. The percentage of alcohol related arrests within RD No. 39 is 29% (701244).
City -wide, alcohol related arrests account for 40°/x(1,608/4,005) of all arrests made. The
alcohol - related arrest rate in the two adjacent reporting districts is 44% for RD No. 47
and 4 3% for R D N o. 43. T he rate w ithin 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 any additional
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 and the establishment is intended to operate primarily
as accessory use to the department store. The restaurant has a small bar located in the
front of the restaurant a nd consists of a pproximately 340 square feet and has 8 bar
stools. The bar area represents approximately 8% of the total restaurant floor area, with
over 92% of the total area devoted to traditional dining areas. Furthermore, the
restaurant is situated on the third floor of the department store, a secluded place
without a direct access from the general public that do not shop within the store.
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 restaurant is a minor alteration within the existing structure of
Neiman - Marcus. 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
Mariposa Restaurant (PA2003 -229)
November 20, 2003
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
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 department store and to the center as a whole. Therefore, staff believes that the
required findings of the ABO can be met and the upgrade in the sale and consumption
of alcoholic beverages at the restaurant would not prove detrimental to the community.
If the Planning Commission concurs with staff's evaluation, it would be appropriate to
adopt the attached draft resolution of approval included as Exhibit No. 1.
Prepared by:
R salinh Ung, Asso late tanner
Exhibits
Submitted by:
Patricia L. Temple, Planning Director
Draft Resolution No. 2003 -_; findings and conditions of approval
Letter and project description from applicant
3. Police Department report
4. Project Plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -039 FOR
PROPERTY LOCATED AT 601 NEWPORT CENTER DRIVE (PA2003 -229)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY
FINDS, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by The Neiman - Marcus Group, Inc.,
requesting an approval of a Use Permit, pursuant to the Alcoholic Beverage Outlet
Ordinance (ABO), to upgrade the existing license for the premises from Type 41 (On-
Sale Beer and Wine Eating Place) to Type 47 (On -Sale General Eating Place) License.
The new restaurant (Mariposa Restaurant) with the proposed license, will be replacing
the closed restaurant (Zodiac Restaurant) that has a Type 41 License.
Section 2. A public hearing was held on November 20, 2003, 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.
Section 3. The Planning Commission finds as follows:
The proposed location of the alcoholic sales establishment needing this Use Permit,
and the proposed conditions under which it would be operated or maintained, is
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. The use permit pertains to the on -site consumption of
alcoholic beverages in conjunction with a restaurant to be operated within a building
that is designated and zoned for this activity. The use has been conditioned in such
a manner to minimize the impacts associated with the sale of alcoholic beverages.
The plans, as conditioned, meet the design and development standards for alcoholic
sales. The applicant does not propose a use that would change the operational
characteristics of the site that would result in additional parking demand.
2. The operational characteristics of the proposed use, including the hours of
operation, are consistent with Municipal Code requirements. Any change in the
operational characteristics, including a change in the hours of operation or
conversion of the use to a bar, nightclub or commercial recreational use would
require an amendment to the Use Permit, reviewed by the Planning Commission.
3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of
the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following
reasons:
a. 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
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City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 5
complementary to the department store and the surrounding uses within
Fashion Island. Alcohol service is typical and expected by the public in a full -
service, fine dining restaurant setting.
b. The crime rate in the police reporting district and adjacent reporting districts is
not likely to increase as a result of the proposed use.
c. 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.
d. 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.
e. There are no sensitive uses such as residences, day care centers, schools, or
park and recreation facilities in the vicinity of the project site.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant
to the California Environmental Quality Act under Class 1 (Existing Facilities).
Section 4. Based on the aforementioned findings, the Planning Commission
hereby approves Use Permit No. 2003 -039, subject to the Conditions set forth in Exhibit
"A.-
Section 5. 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 NOVEMBER 2003.
r.;W
M
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES:
NOES:
ABSENT:
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City of Newport Beach
Planning Commission Resolution No. _
Paoe 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-039
1. The development shall be in substantial conformance with the approved floor
plan dated March 01, 2002.
2. Use Permit No. 2003 -039 shall expire unless exercised within 24 months from
the date of approval as specked in Section 20.91.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
The applicant is required to obtain all applicable permits from the City Building
and Fire Departments. The construction plans must comply with the most recent,
City- adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements. Adequate
access and exiting must be cleared through the Building Department.
Specifically, approval from the Orange County Health Department is required
prior to permit issuance. A grease interceptor of adequate size is required in
association with food preparation activities.
4. Hours of operation shall coincide with Neiman- Marcus
5. 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.
6. No live entertainment shall be permitted on the premises without the approval of
a live entertainment permit.
7. That any change in operational characteristics, hours of operation, expansion in
area, or operation characteristics, or other modification to the floor plan, shall
require an amendment to this Use Permit or the processing of a new Use Permit.
8. 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.
10. 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
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City of Newport Beach
Planning Commission Resolution No.
Page 4 of 5
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
11. 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.
12. Full menu food service shall be available for ordering at all times that the
restaurant establishment is open for business.
13. 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.
15. 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 for off -site consumption of alcoholic
beverages is prohibited. 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.
16. 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.
17. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
18. 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.
19. 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.
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City of Newport Beach
Planning Commission Resolution No. _
Paae 5 of 5
20. 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:
21
22.
No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
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.
23. 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.
24. 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.
25. There shall be no dancing allowed on the premises without an approval of an
amendment to this Use Permit and the issue of a Cafe Dance Permit.
26. 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.
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Between the hours of
Between the hours of
TOOAM and
10:0013M and
10:OOPM
TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
6(
45dBA
50dBA
Commercial Property
N/A
I 65dBA
NIA
60dBA
No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
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.
23. 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.
24. 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.
25. There shall be no dancing allowed on the premises without an approval of an
amendment to this Use Permit and the issue of a Cafe Dance Permit.
26. 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.
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APPLICANT: The Neiman- Marcus Group, Inc. dba "Neiman- Marcus"
REQUEST: Approval of Conditional Use Permit (ABO) Permitting the On -Sale of
Beer, Wine & Distilled Spirits (Type 47) in Conjunction With The
Operation of the Mariposa Restaurant Located on the 3rd Floor..
PROPOSED USE: Restaurant With On -Sale Service of Beer, Wine & Distilled Spirits
ADDRESS: 601 Newport Center Drive,
Newport Beach (Fashion Island), CA 92660
USE PERMIT APPLICATION JUSTIFICATION
The proposed project is for the approval of on -sale beer, wine and distilled spirits for a new
restaurant to be located on the 3` floor within the existing Neiman- Marcus building in the
Fashion Island regional shopping center. The applicant proposes obtaining from the California
Department of Alcoholic Beverage Control with a Type 47 On -Sale Beer, Wine & Distilled
Spirits Eating Place alcoholic beverage license. The proposed request meets the requirements set
forth in the City of Newport Beach Municipal Code.
BURDEN OF PROOF:
1. The location, size design or operating characteristics of the proposed project will
not be incompatible with and will not adversely affect and will not be materially
detrimental to adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to, (a) The adequacy of
public facilities, services and utilities to serve the proposed project; (b) The
suitability of the site for the type and intensity of use or development which is
proposed; and (c) The harmful effect, if any, upon environmental quality and
natural resources of the City; or
Response: The proposed use is not inconsistent with the adjacent uses and will
not materially affect the surrounding community or environment. The proposed
project is ideally suited for this type of master planned regional shopping center
and is well insulated from neighboring residences.. The approval of the request
that serves the local community, will not adversely affect the public's health,
safety, welfare nor will it jeopardize or endanger the public. It will not be
detrimental to the use, valuation or enjoyment of surrounding property owners or
residents.
2. The impacts of the proposed project will not adversely affect the policies of
the Newport Beach General Plan or provisions of the Newport Base
Municipal Code; or
Response: The proposed use is consistent with the Newport Beach General Plan
and provisions of the Municipal Code.
3. The project complies with all other regulations, conditions or policies imposed by
the Municipal Code.
Response: The existing shopping center and proposed use are subject to the all
the regulations, conditions, policies or other requirements of the Municipal Code.
The construction of the restaurant facilities will be subject to City staff scrutiny
and approval through the use permit and building process.
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APPLICANT:
REQUEST:
PROPOSED USE:
ADDRESS:
The Neiman- Marcus Group, Inc. dba "Neiman- Marcus"
Approval of Conditional Use Permit (ABO) Permitting the On -Sale of
Beer, Wine & Distilled Spirits (Type 47) in Conjunction With The
Operation of the Mariposa Restaurant Located on the 3rd Floor..
Restaurant With On -Sale Service of Beer, Wine & Distilled Spirits
601 Newport Center Drive,
Newport Beach (Fashion Island), CA 92660
PROJECT NARRATIVE
The proposed project is for the approval of on -sale beer, wine and distilled spirits privileges for a
new restaurant to be located on the 3rd floor within the existing Neiman- Marcus building in the
Fashion Island regional shopping center. The propose use is for a "Mariposa" restaurant which
will replace the "Zodiac Restaurant" currently located on the 2 "d floor. Mariposa is a full service
fine dining restaurant.
This request is to permit the 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.
The subject property is located within Fashion Island Shopping Center, a large master planned
regional shopping center. The site is bounded by other commercial and office uses. The
proposed restaurant will serve the local residents of the surrounding community, tourists and
patrons of the shopping center.
The proposed restaurant will have a total area of approximately 4,490 square feet, including an
enclosed patio terrace of approximately 660 square feet. The proposed restaurant will be open
seven (7) days a week. The proposed hours of operation are Sunday 11:00 AM to 10:00 PM and
Monday through Saturday 11:00 AM to 11:00 PM. The restaurant will seat approximate 114
patrons.
The project will employ approximately 20 employees that would be on -site at one time.
The surrounding land uses are as follows:
North:
Commercial/Office.
South:
Commercial/Office.
East:
Commercial/Office.
West:
Commercial/Office.
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EXHIBIT 3
POLICE DEPARTMENT REPORT
8
City of Newport Beach
Police Department
Memorandum
October 27, 2003
TO: Rosalyn, Staff Planner
FROM . Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request; our office has reviewed police services data for the Neiman - Marcus Group
at 601 Newport Center Dr. 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 2002, which is the most current data available.
Calls for Service Information
City wide there were 59,182 calls for police services during this time, of which 4,059 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 7,057 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,609 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
4,448 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3;448.23 per 100,000 people. The national Part One crime rate was 4,160.5* per
100,000 people.
Crimes
RD 39
Newport Beach
California*
National*
Part 1
311
2,609
1,346,557
11,849,006
Part
277
4,448
N /A.
N/A
Part 1Crime Rate
35,829.49
3,448.23
3,902.9
4,160.5
The number of active ABC licenses in this RD is 37 **
Per capita ratio 1 license for every 23 residents.
This reporting district had a total of 588 reported crimes as compared to a City wide
reporting district average of 186 reported crimes. This reporting district is 402 crimes or
216.62% 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 * *. h�
Arrest Information
There were 45 DUI arrests and 25 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to 3.98 % 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
California*
National*
(DUI(Drunk)
70
1,608
N/A
N/A
All Arrests
244
4,005
1,415,129
9,322,324
Additional Informati on
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 43.
Crimes
RD 47
RD 43
Part 1
9
45
Part 2
28
48
Crime Rate
481.54
4,221.39
Arrests (DUI/Drunk)
7
20
All Arrests
16
46
Calls For Service
579
1,020
Number • of active ABC licenses
2**
7 **
Per capita ratiol license for every
935 **
267 ** 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 2001 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
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