HomeMy WebLinkAboutR&D Sandwich Bar (PA2003-106)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
TO: PLANNING COMMISSION
FROM: Chandra Slaven, Assistant Planner
cslaven city.newport- beach.ca.us
SUBJECT: R & D Sandwich Bar (PA2003 -106)
555 Newport Center Drive
APPLICANT: Houston's Restaurants
c/o Brian Biel
147 South Beverly Drive
Beverly Hills, CA 90212
ISSUE:
Agenda Item No. 3
June 5, 2003
(949) 644 -3231
Should the Planning Commission approve a Use Permit to authorize the sale of alcoholic
beverages for on -site consumption at a proposed restaurant to be located within Fashion
Island?
Hold a public hearing and adopt Use Permit No. 2003 -117 subject to the findings and
conditions of approval within the draft resolution for project approval.
Use Permit No. 2003 -117 (PA2003 -106)
555 Newport Center Drive
Current
Development:
Existing bakery and gallery uses within Fashion Island.
To the north:
Neiman Marcus Department Store and Parking Lot within Fashion Island.
To the east:
Tutto Mare Restaurant within Fashion Island.
To the south:
Several gallery and retail uses within Fashion Island.
To the west:
Bloomin dale's Department Store within Fashion Island.
R & D Sandwich Bar (PA2003 -106)
June 5, 2003
Page 2 of 7
Site /Project Overview
The proposed full - service restaurant will be located in an existing building located in the
northeasterly portion of Fashion Island that is currently occupied by a bakery and
gallery. These uses will be removed from the site for the construction of the proposed
restaurant. The applicant proposes to occupy 3,794 square feet of interior floor area to
be utilized for dining, a kitchen, restrooms, dry food storage, coolers, liquor storage and
a bar area. The exterior patio area will consist of approximately 613 square feet
equating to a total area of 4,407 square feet for the proposed restaurant. The number
of employees during peak hours would be approximately 13 and the entire selection of
food service menu items will be available at all times that the restaurant is open for
business. The restaurant will consist of 123 seats for dining, of which 28 are located in
the exterior patio area. The applicant has proposed limited live entertainment without
the use of amplified equipment.
Analysis
The applicant is requesting a new Type 47 Department of Alcoholic Beverage Control
license to permit the on -site consumption of alcoholic beverages in conjunction with a
restaurant. In accordance with Section 20.89.030A of the ABO, a new use permit is
required for any new alcoholic beverage outlet. 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 restaurants are a permitted use in the Fashion
Island Planned Community.
General Plan
The City's General Plan designates the site as Retail and Service Commercial. The
applicant's request is consistent with this designation in that restaurants and the
ancillary on -site sale of alcoholic beverages is a permitted use within the Retail &
Service Commercial land use designation.
Parking
Parking for the proposed restaurant is within the existing parking facilities for Fashion
Island. The Fashion Island Planned Community established a total of 1,633,850 square
feet total gross floor area (not including theaters) for the entire center, and a maximum
of 15% of the gross floor area was allocated for restaurant, bar and theater /nightclub
uses. A record of all floor area is maintained by the City with the assistance of the
Irvine Company. With the new restaurant, the total gross floor area devoted to
restaurant uses within Fashion Island remains under the 15% allocation ceiling.
Therefore, the parking demand will not be exceeded with the establishment of this
restaurant.
R & D Sandwich Bar (PA2003 -106)
June 5, 2003
Page 3 of 7
Hours of Operation
The hours of operation are proposed to be from 9:00 a.m. to 11:00 p.m. Monday
through Thursday, 9:00 a.m. to midnight Friday through Saturday, and 9:00 a.m. to
10:00 p.m. on Sundays. These hours are consistent with the other businesses
operating within Fashion Island, and the Police Department has no objections to the
hours.
Alcoholic Beverage Outlet Ordinance
The 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 full service
specializing in "gourmet" sandwiches, fries and similar fare, and the sale of alcoholic
beverages is a typical ancillary use of such establishments. The Fashion Island
Planned Community included provision for such restaurant uses, and the restaurant
can be viewed as complementary to surrounding retail, office and theater uses. The
proposed new user is located in an area intended for that type of use in the original
building design and recent past users included a number of fast food restaurants. It can
be argued that the restaurant with on -sale consumption of alcohol furthers the public
convenience or necessity. 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.
R & D Sandwich Bar (PA2003 -106)
June 5, 2003
Page 4 of 7
RD No. 39:
35829.49
City era e:
3448.23
RD No. 47:
481.54
California:
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. (A map of the reporting districts is included in Exhibit No. 3.)
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 total crimes
reporting 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. Due to the request for the on -site consumption there is a
net increase of one license within RD No. 39. There is 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 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 %. City-wide, alcohol related arrests
account for 40% of all arrests made. The alcohol- related arrest rate in the two adjacent
reporting districts is 44% for RD No. 47 and 43% for RD No. 43. The rate within RD No.
39, within which the project is located, is lower than the city-wide average and lower
than the two adjacent RD's. The Police Department does not believe that the proposed
use 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
ancillary to the restaurant use and the establishment is not intended to operate primarily
as a bar. A small bar is located in the front of the restaurant and consists of
approximately 390 square feet and 21 bar stools. The bar area represents
approximately 9% of the total restaurant floor area, with over 91% of the total area
devoted to traditional dining areas. Therefore, in the opinion of the Police Department,
R & D Sandwich Bar (PA2003 -106)
June 5, 2003
Page 5 of 7
it is unlikely that the sale of alcohol 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.
Live Entertainment
The applicant proposes limited live entertainment and has stipulated in their submittal
letter that the music will not be amplified. The City Manager will require an acoustical
study in conjunction with such a request. Staff recommends that non - amplified live
entertainment be permitted subject to obtaining a Live Entertainment permit, provided
that the live entertainment remain clearly subordinate at all times to the restaurant
operation.
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 an existing structure of
Fashion Island. 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.
Alternatives:
The Commission could approve a modified project. The Commission could
adopt the attached draft resolution for project approval with revised conditions
identified at the meeting.
2. The Commission may determine that the requested Use Permit would
potentially adversely impact the area, in which case, it would be necessary to
deny the application.
R & D Sandwich Bar (PA2003 -106)
June 5, 2003
Page 6 of 7
Conclusion
Staff believes that the findings for approval of the Use Permit can be made. The site is
conducive to a restaurant operation by design and the on -site consumption of alcoholic
beverages in conjunction with a full - service restaurant use is generally expected and
viewed as complementary to surrounding uses. Therefore, staff believes that the
required findings of the ABO can be met and the sale and consumption of alcoholic
beverages at the restaurant would not prove detrimental to the community. If the
Planning Commission concurs with staffs evaluation, it would be appropriate to adopt
the attached draft resolution of approval included as Exhibit No.1.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Eal AL,'A L-i r'�i=pj
Exhibits
Prepared by:
CHANDRA SLAVEN
Assistant Planner
Draft Resolution No. 2003 _; findings and conditions of approval
2. Letter and project description from applicant
3. Police Department report
4. Project Plans
R & D Sandwich Bar (PA2003 -106)
June 5, 2003
Page 7 of 7
EXHIBIT I
DRAFT RESOLUTION NO. _
,
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -117 FOR PROPERTY LOCATED AT 555 NEWPORT
CENTER DRIVE (PA2003 -106)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Houston's Restaurants, with respect to property
located at 555 Newport Center Drive and legally described as Parcel 1 of PM 221 -30,
requesting approval of Use Permit No. 2003 -117 to authorize the sale of alcoholic beverages for
on -site consumption at a restaurant pursuant to the Alcoholic Beverage Outlet Ordinance
(ABO).
Section 2. A public hearing was held on June 5, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, Caliifomia. 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 opened in 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, sit -down restaurant that is complementary to
I
City of Newport Beach
Planning Commission Resolution No.
Paae 2 of 5
surrounding uses within Fashion Island. Alcohol service is typical and expected
by the public in a full - service 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. A certified acoustical study shall be completed and a Live Entertainment Permit shall
be obtained from the City Manager's Office before limited live entertainment can
commence.
5. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
the California Environmental Quality Act under Class 1 (Minor alteration of existing
structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit No. 2003 -117, 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 5th DAY OF JUNE 2003.
AYES:
NOES:
BY:
Steven Kiser, Chairman
BY:
Patricia L. Temple, Ex- Officio Secretary
I
EXHIBIT "A"
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 5
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-117
The development shall be in substantial conformance with the approved plot plan, floor
plan, and elevations dated April 9, 2003.
2. Use Permit No. 2003 -117 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. 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, and a second exit shall be provided in a manner and
location that does not exit into the outdoor eating or waiting areas. 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. The outdoor dining area shall have adequate barriers as required by the California State
Department of Alcoholic Beverage Control.
5. Hours of operation shall be from 11:00 AM to 11:00 PM Monday through Thursday, 9:00
AM to midnight Friday through Saturday, and 9:00 AM to 10:00 PM on Sundays.
6. 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.
7. Live entertainment may be permitted upon the completion of an acoustical study and
the acquisition of a Live Entertainment Permit from the City Manager's Office. The live
entertainment shall be limited in that no amplified equipment shall be utilized.
8. 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.
City of Newport Beach
Planning Commission Resolution No. _
Paae 4 of 5
9. 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 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 exterior of the restaurant and alcoholic beverage outlet shall be maintained free of
litter and graffiti at all times. The owner or operator shall provide for daily removal of
trash, titter debris and graffiti from the premises and on all abutting sidewalks within 20
feet of the premises.
14. 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
ja"
City of Newport Beach
Planning Commission Resolution No.
Page 6_0f5
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.
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 Pen-nit 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.
13
Between the hours of
7:o0AM and 10:OOPM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior
Exterior
Interior
I Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
property
45dBA
60dBA
45dBA
5OdBA
Mixed Use Property
45dBA
60dBA
45dBA
5odBA
Commercial Property
N/A
65dBA
N/A
6OdBA
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 Pen-nit 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.
13
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EXHIBIT 2
APPLICANT'S LETTER AND PROJECT DESCRIPTION
(5
FANCHER DEVELOPMENT SERVICES 1342 BELL AVE, SME3K, TUSTIN, CA 92780
April 11, 2003
Mr. Greg Ramirez
Planning Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
RE: R &D Restaurant/Sandwich Bar
Use Permit & ABO, Accessory Outdoor Dining.
Dear Mr. Ramirez,
The proposed R &D Sandwich Bar tenant improvement is located within an ebsting
building in the northeasterly portion of Fashion Island. We are proposing to occupy a
portion of the a )dsting Maris gallery and Sweet Life bakery. The remaining portion of the
building will become a new retail space. We plan to occupy a 3,794 square -foot space and
a proposed patio with an area of 603 square -feet (a total of 4,397 square feet).
The proposed restaurant/sandwich bar will consist of 123 seats, 74 for the main dining, 28
for patio dining and 21 seats at the bar area. it will be a full service restaurant with the sale
of alcoholic beverages as an ancillary use.
Adequate. parking has been provided under the 15% gross Floor area for restaurants, bars,
and nightclubs per Fashion Island Planned Community requirements.
The proposed hours of operation are as follows:
9:00 am -11:00 pm Monday through Thursday
9:00 am -12:00 midnight Friday and Saturday
9:00 am -10:00 pm Sunday
The proposed use is consistent with the City's General Plan that designates this site as
Retail Service Commercial.
As an accessory use, the proposed restaurant would also like to provide live entertainment
without the use of amplified equipment.
Please reference the attached Operational Concept Statement for additional information.
Thank you for you time.
Sincerely,
FANCHER DEVELOPMENT SERVICES, INC.
Jason M. Smith
Project Manager
PHONE: (714) 258 -1808 FAX: (714) 258 -2401 E -MAIL: fandev gdicecpc.com
IU
HOUSTON'S
April 7, 2003
R & D Sandwich Bar
Operational Concept Statement
In today's world, an individual's time is always at a premium. While people desire
casual, less formal experiences, expectations of quality continue to rise. While many
factors go into the idea of what is casual, the underlying concept of speed combined with
simplicity is critical to the definition. The idea for the R & D Sandwich Bar is based on a
"drop in, come and go as you will" type of establishment where there is an ease of use by
the clientele.
Our goal is to create an environment that can accommodate various uses throughout the
day. A lunch during the work -week where getting in and out fast is a good thing, a
leisurely snack or espresso in the afternoon, or an evening meeting of friends for
cocktails, R & D Sandwich Bar will have the approachability and efficiency to meet these
demands. The cuisine will focus on a simple lineup of classics. Conceptually, the single
course meal and items which are eaten by hand will define the style of eating.
The restaurant will feature an exhibition style kitchen with 25 full service tables and a
counter type bar to create a versatile and active eating environment. Important to the
overall sophistication will be the attention to design features and finishes which will be
warm, innovative, and reflective of form and function. As a compliment to the ambience
of the restaurant, live entertainment (not amplified) may be provided. The bar will focus
on food service with a complete selection of wine, beer, and spirits. The complete menu
will be available from lunchtime to closing. Hours of operation will be between the hours
9:00 AM and 11:00 PM Monday through Thursday, 9:00 AM and 12:00 AM Friday and
Saturday, and 9:00 AM to 10:00 PM on Sunday.
HOUSTON'S RESTAURANT • 141 S. BEVERLY DRIVE • BEVERLY HILLS, CALIFORNIA 90212
310.385.1343 • hnp: / /www.houstans.com • 310.385.7119 fax
11
APR -07 -2003 12:01 '�)USTON'S RESTAURANTS 310 385 7119 P.02/02
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CI RSSY CN ESEBURBER 9
Fresh ground chuck, lettuce, tomato. onion, cheddar
UEGETNRIRN NUT BORM 9
Amazing house made recipe with melted Jack
SUM SERVICE NOT DOG 9
AU beef gumbo kosher dog loaded
House baked french roll, horseradish sauce
"THE IMESTSIM11" OEL1 SRNOIBICH 14
Cormed beef, pastrami, Swiss, Fashion Island sauce
"THE REST" ROAST TURKEY SRNOIl�N 12
Sem8ne roasted In house and carved to order
THE CLRSSIC R-P. TUNA SRNOUBCH 7
Wheat bread, chapped egg, lettuce, ollue garnish
NERD SANOODICN 8
Cure 61 ham, maple glazed turkey and Jack
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Deulled Eggs 1.25
Fries Fondue 3
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glass of wine 4
premium draft beer 3
fountain drinks 2
Just squeezed orange or grapefruit ,juice 2.5
odwalle ,juice (carrot, cantaloupe or mango) 2.5
espresso 1
cappuccino I
YOGURT SHOKES ft
mango lassie
Spanish (mamey)
date shake
auocado cappuccino shake (yumil
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EXHIBIT 3
POLICE DEPARTMENT REPORT
a°
City of Newport Beach
Police Department
Memorandum
May 15, 2003
TO: Chandra Slaven, Staff Planner
FROM: CSO Susan Seviane
SUBJECT: R & D Sandwich Bar UP2003 -017 (PA2003 -106)
At your request our office has reviewed the project request for R & D Sandwich Bar, located
at 555 Newport Center Dr., Newport Beach. This business will be approximately 4,397
square feet and situated in an existing retail space and is in the Fashion Island Planned
Community. The proposed restaurant/ sandwich bar will consist of 123 seats, 74 for the main
dining, 28 for patio dining and 21 seats at the bar area. Additionally, they would like to have
limited live entertainment (not amplified) but no dancing. They are proposing a full service
restaurant with full service alcoholic beverages. The menu will consist of sandwiches and
single course meals. According to Mr. Brian Biel, the applicant's attorney, they will apply for
a Type 47 (On -Sale General -Eating Place) license with the Department of Alcoholic Beverage
Control once the Planning Commission has approved the project.
For police services information refer to the attached report by Crime Analyst Paul Salenko.
Applicant History
Houston Restaurants, Inc. operates 50 restaurants nationwide.
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
Hours of Operation:
Recommended hours of operations 9:00 am to 11:00 pm Sunday through Thursday, 9:00 am
to midnight Friday and Saturday.
Preventive Design:
The Police Department has no recommendations.
SecujjW.
Per Mr. Brian Biel Fashion Island Security will provide 24 -hour security through the lease.
oil
Employee Training:
All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified program in responsible methods and skills for selling
alcoholic beverages. Te 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.
Additional Comments:
The Police Department has no objection to the operation as described by the applicant and,
upon approval by the Planning Commission, 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 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 or 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 business:
1. Approval does not permit the premises to operate as a bar tavern, cocktail lounge or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a Use Permit.
2. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the 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.
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.
5. The applicant and or operator shall not share 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.
6. 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.
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 a Special Event Permit issued by
the City.
S. There shall be no dancing allowed on the premises.
9. 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.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
Susan Seviane, Community Service Officer
Vice and Intelligence Unit
a3
City of Newport Beach
Police Department
Memorandum
May 8, 2003
TO: Chandra Slaven, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the R & D Sandwich Bar at
555 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 2
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 * *.
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*
(DUUDrunk)
70
1,608
N/A
N/A
All Arrests
244
4,005
1,415,129
9,322,324
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 47 and RD 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 **
8 **
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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