HomeMy WebLinkAboutBalboa Bay Club Alcohol Licensing (PA2003-064)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 1
April 17, 2003
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner
(949) 644 -3210, jcampbell@city.newport- beach.ca.us
SUBJECT: Balboa Bay Club Alcohol Licensing (PA2003 -064)
1221 W. Coast Highway
Use Permit pursuant to the Alcoholic Beverage Outlet (ABO)
ordinance to convert an existing Type 57 ABC license to a Type 47
license for the Balboa Bay Club.
APPLICANT: Balboa Bay Club, Inc.
1730 W. Coast Highway
Newport Beach, CA 92658
ISSUE:
Should the Planning Commission approve a Use Permit pursuant to the Alcoholic
Beverage Outlet Ordinance (ABO) to convert an existing Type 57 license to a Type 47
license for the operation of the Balboa Bay Club?
RECOMMENDATION:
Hold a public hearing and approve the requested Use Permit No. 2003 -009 (PA2002-
064) subject to the findings and conditions of approval within the draft resolution for
project approval (Exhibit No. 1).
DISCUSSION:
Site /Project Overview & Backaround:
The Balboa Bay Club (BBC) resort expansion (Use Permit No. 3524) was approved by
the City in 1994. A subsequent amendment to the Use Permit was approved for the
final plans in 1999. The resort project includes public visitor accommodations,
conference & meeting facilities, spa and restaurants.
The present Use Permit will authorize the conversion of a Type 57 license, under which
the BBC currently operates, to a Type 47 license. The reason for the conversion is that
the existing license is a special category of license and it is given to private
organizations. The existing Type 57 license is inconsistent with the new resort being
open to the public. A Type 47 license will permit the resort the ability to serve alcohol to
patrons of the public facility and allow service to club members within the remaining
private areas of the facility.
1221 W. Coast Highway
Use Permit No. 2003 -009 (PA2003 -064)
Current
Development:
Waterfront resort with conference rooms, restaurants and visitor accommodations
To the north:
Commercial uses across Coast Highway & residential uses above on Kings Road
To the east:
Single Family residential uses Ba shores
To the south:
Lido Channel and residential uses on Lido Island
To the west:
Balboa Bay Club facilities Chapman College Sailing Center
Balboa Bay Club Alcohol Licensing (PA2003 -064)
April 17, 2003
Page 2 of 6
The BBC presently has 4 licenses: a Type 57 for the private club; a Type 68 for a portable
bar for assembly rooms where there is no permanent bar facility exists; a Type 58 as a
caterer's permit for the distribution of alcoholic beverages with catered events off the
licensed premises; and a Type 21 for the sale of packaged alcoholic beverages for off -
site consumption. No changes to these existing licenses are sought with the exception of
the Type 57 license.
The license premise is the entire contiguous BBC property with the exception of the
vehicular parking areas. This will allow the facility to serve alcoholic beverages to club
members, patrons of the resort and spa and conference goers throughout the grounds
of the facility with the exception of the parking areas. These areas will include the
common areas of the resort such as lobby areas, restaurants, outdoor patios, meeting
spaces, pre- function areas and the pool area as well as within the guest rooms. A
complete listing and description of the request is included as Exhibit No. 2.
Analysis:
The Type 47 (On -Sale General) alcoholic beverage licenses permits the on -site
consumption of alcoholic beverages in conjunction with eating places. In accordance
with Section 20.89.030A of the Alcoholic Beverage Outlet ordinance, a new use permit
is required for a new Type 47 license. The ABO requires the Planning Commission to
consider the following:
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 countywide 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.
Public Convenience or Necessity. The service of alcoholic beverages in a resort setting
is expected by the public. Approval of the sale of alcohol will serve the public's
convenience as opposed to the public necessity.
Crime Rate. Citywide, there were 6,979 crimes reported during calendar year 2002, of
which 3,092 were Part One Crimes (serious offenses). The remaining 3,887 were Part
Two Crimes that include alcohol related arrests. The project site is located within Police
Reporting District No. 26, 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. 26:
4903.81
Citv Average:
4086.6
RD No. 25:
4263.01
1 California:
3902.9
RD No. 28:
5452.52
1 National:
4160.5
Balboa Bay Club Alcohol Licensing (PA2003 -064)
April 17, 2003
Page 3 of 6
During 2002, the number of Part One Crimes in RD No. 26 was 130 and the number of
Part Two Crimes was 174. Adjacent Reporting Districts are Nos. 25 and 28. RD No.
25 had 118 Part One and 206 Part Two Crimes; and RD No. 28 had 147 Part One and
123 Part Two Crimes. A map of the reporting districts is attached to the Police Report
(Exhibit No. 3). The number of total crimes reporting within the RD of the subject project
site is slightly lower than RD No. 25, and is slightly higher than RD No. 28. The 304
total crimes are approximately 65.5% higher than the average crimes reported by
reporting district. 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. 26, and they do not anticipate any increase in the crime rate due to the
change in license type and they have no serious objections to the proposed operation.
Over Concentration. There are 12 active alcoholic beverage licenses in police
Reporting District No. 26. Due to this nature of this request being a conversion of an
existing license from one category to another, there will not be an increase in alcohol
licenses and no new use that was not anticipated and previously approved.
Alcohol - Related Crimes. The Police Department has provided statistics for driving
under the influence and plain drunk arrests. There were 52 driving under the influence
arrests and 30 plain drunk arrests within RD No. 26 (totaling 82 DUI /Drunk arrests)
during this same period as compared to 1,608 for the entire City. This RD amounts to
5.1% of the DUI /Drunk arrests made in the City. RD No. 25 had 98 DUI /Drunk arrests
and RD No. 28 had 26 DUI /Drunk arrests. The rate within RD No. 26 is higher than the
citywide average and the adjacent RD No. 28; but less than the adjacent RD No. 25.
The high number of alcohol - related arrests in RD No. 26 can partially be explained by
the fact that Coast Highway runs through the Reporting District. Many stopstarrests
made are associated with alcohol consumption at bars and nightclubs located outside
of the reporting district. The Police Department does not believe that the proposed use
will generate a significant number of alcohol - related incidents.
Adjacent Uses. The site is located within Mariner's Mile and is adjacent to the
Bayshores residential community and Lido Island residents are located across the
channel. This site is otherwise bounded by commercial uses. The Police Department
recommends that the hours of operation be limited to 6:30AM to 12:OOPM during the
week and 6:30AM to 2:OOAM Fridays and Saturdays. Additionally, the Police
Department suggests that outdoor dining areas be restricted to close at 10:00 pm due
to the proximity of the residences. Planning staff does not share the same concerns
due to the nature of the land use and does not recommend any limitation to the hours
of operation. State Law prohibits the sale of alcoholic beverages between 2AM and
6AM any day:
Conclusion: The Police Department has reviewed the Use Permit application and has
determined that no additional conditions related to design and security is required. As
noted, the Police Department is concerned with potential outdoor dining area noise and
suggests limits on the hours of operation. Outside of this issue, the Police Department
Balboa Bay Club Alcohol Licensing (PA2003 -064)
April 17, 2003
Page 4 of 6
has no objections to the request. The Police Department does recommend 5 standard
conditions related to the sale and consumption of alcohol to ensure compatibility of the
use with its environs. These conditions are routinely required of alcoholic beverage
outlets and are contained within the draft resolution for project approval. Upon project
approval, the Police Department will transmit the conditions of approval related to the
service of alcohol to the State Department of Alcoholic Beverage Control (ABC)
consistent with this Use Permit.
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
Structures). This exemption allows for the operation, repair, maintenance and minor
alteration of existing buildings.
Public Notice:
Notice of this hearing was published in the Daily Pilot with the agenda, 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:
Should the Planning Commission believe
community, the Commission can suggest
concerns related to the service of alcohol.
CONCLUSION:
the project will be detrimental to the
further conditions to mitigate specific
The proposed change in license type is necessary to provide alcoholic beverage service
to patrons of the Balboa Bay Club Resort and Spa since the facility will be open to the
public. The decision to permit the overall project was granted by the City previously, and
there is no evidence to suggest that alcohol service was not expected. After
consideration of the 5 factors outlined in the ABO, staff believes that the proposed
alcoholic beverage outlet will not prove detrimental to the community and that all
findings for the approval of a Use Permit can be made.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
16itA'A a4L
Prepared by:
JAMES W. CAMPBELL
Senjor Planner
w
Balboa Bay Club Alcohol Licensing (PA2003 -064)
April 17, 2003
Page 5 of 6
EXHIBITS
1. Draft Resolution for project approval (includes conditions)
2. Applicant's project description & operational plan
3. Police Department report
Balboa Bay Club Alcohol Licensing (PA2003 -064)
April 17, 2003
Page 6 of 6
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -009 FOR PROPERTY LOCATED AT 1221 WEST COAST
HIGHWAY (PA2003 -064).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by the Balboa Bay Club, with respect to property
located at 1221 West Coast Highway, requesting approval of Use Permit No. 2003 -009 for a
Type 47 (On -Sale General- Eating Place) alcoholic beverage license pursuant to the Alcoholic
Beverage Outlet Ordinance (ABO). The site is designated Recreational and Marine Commercial
& Mufti-family Residential by the General Plan Land Use Element and Planned Community-
Mariner's Mile Overlay (PC -MM) by the Zoning Code.
Section 2. A public hearing was held on April 17, 2003 in the City Hall Council
Chambers, 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 City's General Plan designates the site as Recreational and Marine Commercial &
Multi - Family Residential uses. This designation has been applied to the Balboa Bay Club
and the project includes visitor serving uses, which is encouraged and supported due to
the site's waterfront location. The Zoning Code designates the site as PC -MM (Planned
Community - Mariner's Mile Overlay). This designation facilitates the operation of the
Balboa Bay Club and promotes the visitor serving orientation of the resort. Eating and
Drinking Establishments have been authorized by the City pursuant to Use Permit No.
3524, and the sale and consumption of alcoholic beverages at the resort is consistent with
the entitlements granted, the General Plan and the Zoning Code.
2. The service and consumption of alcohol at the Balboa Bay Club Resort and Spa pursuant
to a Type 47 Department of Alcoholic Beverage Control license, under the conditions
which it will be operated and maintained 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:
a. The convenience of the public will be served as alcohol service is typical and expected
by the public in a resort setting;
b. The crime rate and alcohol - related incidents in the police reporting district and adjacent
reporting districts is not likely to increase because of the proposed use;
Exhibit No. 1
E
Planning Commission Resolution No.
2of4
c. The number of alcohol licenses within the report district is not increasing as an existing
Type 57 license will be eliminated with the new Type 47 license;
d. There are no sensitive uses such as day care centers, schools, or park and recreation
facilities in the vicinity of the project site;
e. The use has been conditioned in such a manner to minimize the impacts associated
with the sale of alcoholic beverages upon nearby uses and the community.
3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Existing Structures). This exemption
allows for the operation, repair, maintenance and minor alteration of existing buildings.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit Nos. 2003 -009, 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 17"' DAY OF APRIL, 2003
M
Steve Kiser, Chairman
Shant Agajanian, Secretary
AYES:
EXCUSED:
NOES:
Planning Commission Resolution No.
3of4
EXHIBIT' A"
CONDITIONS OF APPROVAL
USE PERMIT NOS. 2003 -009
Use Permit No. 2003 -009 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.
2. Should this alcohol license be transferred, any future license holders, operators or
assignees shall be notified of the conditions of this approval by either the current license.
Future licensees, operators or assignees shall submit, within 30 days of transfer of the
alcohol license, a letter to the Planning Department acknowledging their receipt and
acceptance of the limitations, restrictions and conditions of approval of this Use Permit.
3. 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.
4. The delivery of alcoholic beverages for consumption off - premises is prohibited; however,
this prohibition does not apply to authorized off -site catering services.
5. The premise licensed for the sale, service or consumption of alcoholic beverages
includes the entire property upon which the Balboa Bay Club Resort and Spa operates
and shall not include vehicular maneuvering and parking areas.
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. 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.
8. 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.
I
Planning Commission Resolution No.
Paae 4 of 4
The sale for off -site consumption of alcoholic beverages is prohibited. Any change in the
alcoholic beverage license type shall be subject to the approval of an amendment to
this Use Permit and may require the approval of the Planning Commission.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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 sale 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.
14. The operator of the 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.
�b
Between the hours of
Between the hours of
7:OOAM and
10:OOPM and
10:00PM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
�b
BALBOA BAY CLUB RESORT & SPA
1221 W COAST HIGHWAY
NEWPORT BEACH, CA 92663
PROJECT DESCRIPTION /OPERATIONAL PLANS
The Balboa Bay Club Resort has been a landmark establishment in Newport Beach for over
50 years. This establishment has continuously operated as a full service waterfront private
club and resort. The newly remodeled 131 room luxury hotel will offer guests an
unsurpassed experience with fine dining, meeting and conference facilities, personalized
service and spectacular views of the water. The private club facilities will maintain the
tradition of the established club, athletic facilities, and spa and guest rooms for current and
new members. The current remodel of the property will continue to enhance the ambiance
of Newport Beach.
Property Operation
The property, which contains the resort and spa, is contiguous property owned by the City
of Newport Beach and leased to the Balboa Bay Club (BBC). The property, containing all
the buildings and open areas currently licensed by the State of California Department of
Alcoholic Beverage Control (ABC), is contiguous property. The contiguous property is
currently licensed with the following types of licenses:
1. Type "57" On -Sale General License for a Private Club - license permits sales, service
and consumption of all types of alcoholic beverages to members and guests.
2. Type "68" Portable Bar - license permits portable bars to be used throughout the
facility as patron access bars in areas that do not have a fixed public bar (i.e.
Ballrooms, meeting rooms etc).
3. Type "58" Caterers Permit - authorizes the sales, service and consumption of all
types alcoholic beverages at facilities other than the licensed premises
4. Type "21" Off -Sale General License for a packaged liquor store and deli therefore
one master license will be issued to the property to permit
The purpose of the current application is to exchange the Type "57" license to a Type "47"
license. In summary, a Type 1147" license authorizes the sales, service and consumption of
all types of alcoholic beverages to the general public in an establishment which offers meals.
This is the type of license issued to hotel and resort properties, which are open to the
general public. This action was desired so that this waterfront complex would be available
to the general public. All other licenses currently issued at this location will remain active.
The hotel area contains the following alcoholic beverage service areas:
• Room service - individual guest rooms by hotel servers. No access cabinets in rooms
• Meeting/conference rooms - throughout hotel - public and private meetings, theatres,
Exhibit No. 2 11
and conferences. These rooms may also be used as banquet rooms. No fixed bars
• Pre - function Areas - serve as portals to conference/meeting rooms, ballrooms,
restaurants, lounges and hotel lobby
• The Grand Ballroom - major facility used for banquets, receptions, theatre, classroom
etc. Can be subdivided to accommodate number of attendees. Portable bars will be used
to accommodate these areas for patrons and servers.
• Pre - Function Area - Grand Ballroom, Meeting Rooms and Dukes Place - Fixed bar for
patron and server use
• Hotel Lobby - main entrance, concierge and guest registration area
• The Palm Courtyard - open area surrounded by hotel building, which contains outdoor
seating, hotel swimming pool and spa. Alcoholic beverage service to patrons by servers
• Yacht Charters - catering to boat rentals
• The Grog Shop - also licensed with a type "21" license. Deli items served as well as
alcoholic beverage service
• Restaurants and Lounges - First Floor of Hotel
1. The First Cabin Restaurant - Public full service restaurant, lounge and private dining
room. The individual areas maximum capacities accommodate 112, 35 & 22 patrons
respectively. A fixed bar is located in the lounge area for direct patron service in
addition to server access.
2. Dukes Place - Full bar service open to the public. This location will serve as the
main lounge to the hotel. Entertainment will be provided in this area. Appetizers may
be available in this area. Max. capacity is 146 patrons.
Second Floor of the Hotel
3. The Bay Club Grill & Lounge - Members only facility, full service restaurant, private
dining area and lounge. Fixed bar in lounge area for patron and server use. The
individual areas maximum capacities accommodate 93, 16 & 31 patrons respectively.
Balboa Bay Club - Clubhouse- Members and Guests Only - Service Areas
• Reception Area - Lobby, rotunda and concourse
Club Pool Area- Fixed bar and seating for club members only. Cabana, open areas and
pool side service.
• Henry's Place - Bistro and Lounge. No fixed bar. Meal service during lunch hours
anticipated between 11:OOam and S:OOpm. Hours may be extended depending on
demand. The individual areas maximum capacities accommodate 93 & 47 patrons
respectively.
• Room Service to individual guest rooms
• Service to meeting rooms
• Service available in all athletic areas and spa areas
Alcoholic Beverage Sales, Service and consumption will be available throughout the
contiguous property, with the exception of vehicular areas.
1�
Anticipated hours of operation of public and club areas:
• Restaurants, bistros and deli - until 11:00pm - depending upon public demand
• Lounges and bars - until 12:00 midnight weekdays, 2:00am weekends
• Special events and banquets until 2:00am
Room Service - individual guest rooms until 12:00 midnight
• Pool/Cabana Service - 10:00am - 9:00pm (weather permitting)
• Courtyard Service - 10:00 am - 9:00pm May be extended for special events
Standard Meal service will be available as follows:
Breakfast
6:30 AM - 11:00AM
Lunch
11:00 am - 5:00 pm
Dinner
5:00 pm - 10:00 PM
Special events, brunches and banquets may extend hours of meal service.
0
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\A
City of Newport Beach
Police Department
Memorandum
March 27, 2003
TO: James Campbell, Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Balboa Bay Club, Inc. (1221 W. Coast Hwy, Newport Beach)
Per your request, our office has examined the project request for Balboa Bay Club, Inc. located at 1221
W. Coast Hwy, Newport Beach, CA. The property which contains the resort and spa, is a contiguous
property owned by the City of Newport Beach and leased to the Balboa Bay Club. Balboa Bay Club,
Inc. requests a Use Permit pursuant to the Alcoholic Beverage Outlet (ABO) ordinance to convert an
existing Type 57 ABC license to a Type 47 license. The conversion is required as the new resort will
be open to the public. A Type 47 license allows the sale of beer, wine and distilled spirits on and off
the licensed premises in conjunction with an eating place. No change to the physical improvements
presently under construction pursuant to a previously approved use permit is requested.
For police services information refer to the attached report by Crime Analyst Paul Salenko.
Applicant History:
The Balboa Bay Club Resort has been a landmark establishment in Newport Beach for over 50 years.
Signs and Displays:
Advised that any signs and displays will conform to city requirements.
Hours of Operation:
Recommended hours of operations 6:30 am to 12:00 Monday through Thursday, 6:30 am
through 2:00 am Fridays and Saturday. Patio to close at 10:00 pm.
Securitv:
The business provides in -house security services 24 -hour a day.
Emplovee 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 alcohol beverages.
Additional Comments:
Traffic queuing on PCH- It has been our experience at this location that during peak activity times,
traffic ingress to the parking facility at the location can result in cars queuing along PCH while waiting
for valet parking services. This can create a traffic hazard and negatively impact traffic movement
along the highway. Any valet parking plan should address this issue.
Exhibit No. 3 15
Patio Noise- As we has been our experience with other waterfront restaurant business operations, noise
generated from the outside patios by patrons, recorded music, paging systems, etc. can travel across the
bay and disturb area residents. Such events can result in calls for police services to address the
disturbance. We recommend appropriate mitigation measures to control patio noise. If the patio noise
can be contained to prevent such disturbances, the 10:00 PM patio closing time would not be
considered an important factor.
Outside of these issues, the Police Department has no objections to the basic restaurant operations as
described by the applicant.
In addition the Police Department believes the following conditions would be appropriate for the
Conditional Use Permit for the business:
1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under
the control ofthelicense.
2. The delivery of alcoholic beverages for consumptions off premises is prohibited. This
recommendation is not intended to prohibit any authorized off -site catering services
3. 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.
4. 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.
5. For the purposes of this application, staff may also want to consider establishing conditions that
would require a Special Event Permit. A Special Event Permit may be required for any event 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 on -site media broadcast (live or taped for future broadcast), any
event produced by third -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.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
1�
City of Newport Beach
Police Department
Memorandum
March 24, 2003
TO: James Campbell, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Balboa Bay Club at 1221
West Coast Hwy. This area encompasses our reporting district (RD) number 26 as well as
part of Census Tract 634. 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 2,089 were in
RD 26. 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 6,979 crimes reported to the Newport Beach Police Department during this
period. Of this total, 3,092 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
3,887 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 4,086.60 per 100,000 people. The national Part One crime rate was 4,160.5* per
100,000 people.
Crimes
RD 26
Newport Beach
California*
National*
Part 1
130
3,092
1,346,557
11,849,006
Part 2
174
3,887
N/A
N/A
Part 1Crime Rate
4,903.81
4,086.60
3,902.9
4,160.5
The number of active ABC licenses in this RD is 12 **
This reporting district had a total of 304 reported crimes as compared to a City wide
reporting district average of 184 reported crimes. This reporting district is 120 crimes or
65.53% above the City wide reporting district average. This location is not within an area
where the number of crimes is at least 75% higher than the average of all reporting districts in
the City as outlined in the City Council "K -T' policy.
11
Arrest Information
There were 52 DUI arrests and 30 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to 4.66 % 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 26 Newport Beach
(DUI/Drunk) 82 1,608
All Arrests 185 4,158
California* National*
N/A N/A
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 25 and RD 28.
Crimes
RD 25
RD 28
Part 1
118
147
Part 2
206
123
Crime Rate
4,263.01
5,452.52
Arrests (DUI/Drunk)
98
26
All Arrests
136
98
Calls For Service
2,246
1,799
Number of active ABC licenses
25 **
7**
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.
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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