HomeMy WebLinkAboutFlemings Prime Steakhouse (PA2003-182)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
September 4, 2003
TO: PLANNING COMMISSION
FROM: William Cunningham, Contract Planner
(949) 644 -3200
SUBJECT: Fleming's Prime Steakhouse (PA2003 -182)
455 Newport Center Drive
Request for a Use Permit pursuant to the Alcoholic Beverage Outlet
(ABO) Ordinance to authorize the sale of alcoholic beverages for on-
site consumption (Type 47: beer, wine & spirits) within an expanded
area at an existing restaurant within Fashion Island.
APPLICANT: Fleming's Prime Steakhouse
1300 Dove Street, Suite 105
Newport Beach, CA 92660
ISSUE:
Should the Planning Commission approve a Use Permit to allow the expansion of an
existing restaurant with on -site consumption of alcoholic beverages?
Hold a public hearing and approve the requested Use Permit No. 2003 -028 (PA2003-
182) subject to the findings and conditions of approval within the draft resolution for
project approval (Exhibit No. 1).
VICINITY MAP
455 Newport Center Drive
Use Permit No. 2003 -028 (PA2003 -182)
Current
Development:
Existing restaurant within Fashion Island.
To the north
and east:
Parking lot.
To the south:
Existing restaurant Ro 's .
To the west:
Existing restaurant Hard Rock Cafe).
Fleming's Prime Steakhouse (PA2003 -182)
September 4, 2003
Page 2 of 6
DISCUSSION:
Site /Proiect Overview & Background:
The Fleming's Prime Steakhouse is presently located and operating within a building
complex of three full service restaurants located on the easterly portion of Fashion
Island. Restaurants are a permitted use in the Fashion Island Planned Community.
Fleming's alcoholic beverage sales for on -site consumption is permitted under Use
Permit No. 3637, which was approved by the Planning Commission on October 8,
1998. The restaurant consists of 9,889 square feet, is for dinner only operation and
has full on -site alcoholic beverage service (beer, wine and spirits). The operating hours
are daily from 5:00 p.m. to 11:00 p.m. The applicant proposes to expand the restaurant
by constructing a new 310 square -foot addition located at the southeast corner of the
building. The proposed dining room addition will be utilized for private parties and will
consist of four tables and 16 seats. The new dining room will operate during the same
hours of the main dining room, and alcoholic beverages will be served.
Analysis:
Section 20.89.030.A.1.c. of the Alcoholic Beverage Outlet (ABO) Ordinance requires a
Use Permit be approved for any expansion of an existing alcoholic beverage outlet with
an increase in floor area devoted to alcohol sales by 250 square feet or more. Since
the applicant proposes to increase the dining area by 310 square feet and proposes to
serve alcoholic beverages within the expanded area, it is necessary to process a new
Use Permit that addresses the required findings of the ABO.
The ABO requires the Planning Commission to consider the following:
f. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in
adjacent reporting districts as compared to the 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 conjunction
with a full- service dinner house restaurant is typical and often 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 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
Fleming's Prime Steakhouse (PA2003 -182)
September 4, 2003
Page 3 of 6
_ i.
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:
35,829.49
Citv Average:
3,448.23
RD No. 47:
481.54
California:
3,902.90
RD No. 43:
4,221.39
National:
4,160.50
During 2002, the number of Part One Crimes in RD No. 39 was 311 and the number of
Part Two Crimes was 277. Adjacent Reporting Districts are Nos. 47 and 43. 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. 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 significantly higher than the two adjacent reporting districts. The 588 total crimes
are approximately 216.6% higher than the average crimes reported by reporting district.
The reason for the significantly high crime rate within this reporting district is that it
consists entirely of the Fashion Island retail and office center, while the two adjacent
reporting districts are entirely residential. However, the Police Department has no
serious objections to the proposed expansion of the restaurant since the business has
been in business for a number of years, has had no significant police calls, is a dinner-
only operation, and the proposed expansion is very small and will not change the
overall operating characteristics of the business.
Over Concentration. There are 37 active alcoholic beverage license in police Reporting
District No. 39. Other licenses are anticipated in conjunction with the other proposed
restaurants to be located within the center. However, the potential number of such
licenses are not considered excessive, even though there is an over concentration of
licenses within the area. This reporting district is predominately commercial in nature
and there are very few residents in the area. The proposed expansion will not create a
need for any additional licenses, and the overall operating characteristics of the
restaurant will remain the same as currently exist.
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 (totaling 70 DUI /Drunk arrests)
during this same period as compared to 1,608 for the entire City. This RD amounts to
3.89% of the DUI /Drunk arrests made in the City. RD No. 47 had 7 DUI /Drunk arrests
and RD No. 43 had 20 DUI /Drunk arrests. The rate within RD No. 39 is lower than the
citywide average; but higher than the adjacent RD Nos. 47 and 43. The Police
Department does not believe that the expanded use will generate an increase in the
number of alcohol- related incidents.
Adiacent Uses. The restaurant is located within Fashion Island within a building
complex consisting of three full - service restaurants. The building complex is
surrounded by the parking lot and the office commercial to the east of Newport Center
Drive. The nearest residential uses are the single family units located to the east of
Fleming's Prime Steakhouse (PA2003 -182)
September 4, 2003
Page 4 of 6
MacArthur Boulevard, approximately 1,500 feet from the restaurant. No sensitive land
uses such as schools, play grounds or hospitals are within close proximity to the site.
Conclusion: The Police Department has reviewed the Use Permit application and has
determined that no additional conditions related to design and security are required,
and staff recommends a number of 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.
Parking:
Parking for the 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 allocated for restaurant, bar and theater /nightclub uses. A record
of all floor area is maintained by the City with assistance from the Irvine Company, and
with the proposed 310 square -foot addition, 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 proposed restaurant
addition.
Environmental Review:
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Qulaity Act under Class 1 (Minor
Alteration of Existing Structures).
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 the project will be detrimental to the
community, the Commission can suggest further conditions to mitigate specific
concerns related to the proposed service of alcohol.
Fleming's Prime Steakhouse (PA2003 -182)
September 4, 2003
Page 5 of 6
CONCLUSION:
The restaurant has been in operation for a number of years and the applicant is
proposing a small addition to accommodate a private dining room. The proposed
addition will not substantially change the operational characteristic of the restaurant and
in staffs opinion the mandatory findings for the use permit can be met. Therefore, staff
recommends that the Planning Commission approve the Use Permit, subject to the
conditions contained in the attached draft resolution.
Prepared by:
William Cunningham
Contract Planner
EXHIBITS
Submitted by:
c -a ZLzhzV _
Patricia L. Temple
Planning Director
1. Draft Resolution for project approval (including conditions)
2. Applicant's project description
3. Police Department report
4. Floor Plans and Elevations
Fleming's Prime Steakhouse (PA2D03 -182)
September 4, 2003
Page 6 of 6
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -028 FOR PROPERTY LOCATED AT 455 NEWPORT
CENTER DRIVE (PA2003 -182).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Fleming's Prime Steakhouse, with respect to
property located at 455 Newport Center Drive, requesting approval of Use Permit No. 2003 -028
to permit the expansion of an existing restaurant with a Type 47 (On -Sale General- Eating Place)
alcoholic beverage license pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). The site
is designated Retail & Service Commercial by the General Plan Land Use Element and Fashion
Island Planned Community (PC -35) by the Zoning Code.
Section 2. A public hearing was held on September 4, 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 Retail & Service Commercial. The Zoning
Code designates the site as Fashion Island Planned Community (PC -35), which
designates the site for commercial uses. Eating and Drinking Establishments are
permitted uses within the General Plan and the Zoning Code designations.
2. The proposed location of the eating and drinking establishment with beer, wine & spirits
sales, operated under the conditions of the attached approval, 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, for the following reasons:
a. The restaurant uses will be located within a shopping center designated for such
development. The Retail Service and Commercial designation of the General Plan
allows eating and drinking establishments.
b. The shopping center does not abut sensitive land uses and is separated from other
uses by parking lots, roadways and other commercial uses.
c. Adequate provided parking is provided within the Fashion Island center, and the
proposed addition is within the total restaurant allocation for Fashion Island.
Planning Commission Resolution No.
Page 2 of 7
d. The use authorized in conjunction with this permit is not a bar, tavern, cocktail lounge,
nightclub or an establishment where live entertainment, recreational entertainment or
dancing is provided. The City has experienced land use conflicts, nuisance issues and
police issues with these types of uses in the past. Avoidance of these uses will
minimize potential land use conflicts, nuisances and policing issues.
3. The service and consumption of alcohol at the proposed restaurant 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 conjunction with a full -service restaurant;
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;
c. The number of alcohol licenses within the reporting district is increasing by one, and
the total number of existing and proposed new alcoholic licenses in the area is not
excessive;
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.
4. 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).
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 No. 2003 -028, 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.
`j
Planning Commission Resolution No.
Page 3of7
PASSED, APPROVED AND ADOPTED THIS 0 DAY OF SEPTEMBER, 2003.
RW
0371
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES:
EXCUSED:
NOES:
Planning Commission Resolution No.
Page 4 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-028
Use Permit No. 2003 -028 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, or 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 licensee
or business operator. 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 project shall be in substantial conformance with the approved plot plan, floor plan
and elevations dated May 2, 2003.
5. The delivery of alcoholic beverages for consumption off - premises is prohibited.
6. There shall be no live entertainment and /or dancing at any time.
7. 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.
8. 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.
9. The type of alcoholic beverage license issued by the Califomia Board of Alcoholic
Beverage Control shall be a Type 47 for full alcohol service for on -site consumption
It
Planning Commission Resolution No.
Paae 5 of 7
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 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.
10. 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.
11. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this restaurant business that would attract large
crowds, 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.
12. 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.
13. 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.
14. 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.
15. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. Pre - recorded music may be played in the interior and patio dining areas,
provided exterior noise levels outlined below are not exceeded. Use of paging sound
equipment is prohibited on the exterior of the building. 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 specked time periods unless the ambient noise level is higher:
1-
Between the hours of
Between the hours of
TOOAM and
10:OOPM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial
45dBA
6OdBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
I N/A
60dBA
1-
Planning Commission Resolution No.
Paoe 6 of 7
16. There shall be no exterior advertising or signs of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
17. No temporary "sandwich signs," balloons or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the food establishment, unless specifically
permitted.
18. All employees shall park on -site.
% All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
20. Grease interceptors shall be installed on all fixtures in the restaurant where grease
may be introduced into the drainage systems, unless otherwise approved by the
Building Department and the Public Works Department.
21. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Department.
22. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
23. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self- contained
dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the
Planning Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
24. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Director and Public Works Director in conjunction with the
approval of an alternate drainage plan.
25. The reciprocal arrangement for ingress, egress and parking that applies to the subject
property shall remain in effect for the duration of this food use.
26. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
27. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this use permit.
�3
Planning Commission Resolution No.
Page 7 of 7
28. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate,) or otherwise screened from view of neighboring
properties, except when placed for pick -up by refuse collection agencies. The trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
29. All signs shall conform to the provisions of the Fashion Island Planned Community
District regulations and Chapter 20.67 of the Newport Beach Municipal Code, where
applicable.
30. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
31. 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.
32. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
33. Hours of operation shall be limited from 5:OOPM to 11:OOPM, seven days a week.
6
LANGFORD ARCHITECTS ID: AUG 12'03 11:19 No.001 P.02
August 12, 2003
Mr. James Campbell, Senior Planner
CITY OF NEWPORT BEACH
Community and Economic Development
$300 Newport Blvd.
Newport Beach, CA 82858
RE: Fleming's Prime Steakhouse Expansion
455 Newport Center Drive I Newport Beach, CA
UP# 38ar
Dear Mr. Campbell:
1 am writing this letter per your request to give you a brief synopsis on how the Fleming's
expansion will operate and how it will be utilized.
The proposed expansion will be used for a private dining room, and alcohol will be consumed
on these premises. The existing restaurant Is a dinner -only restaurant operating from 5!00 PM
unfit 11:00 PM. The proposed private dining room will follow the same concept as the existing
restaurant and will not alter operating hours of the restaurant.
Please call if you have any comments and /or questions,
Sincerely,
STE LANGFORD ARCHITECTS, INC.
al 8erpico
ENS$/vum
Copy: Ride Scott, Fleming's Prime Steakhouse
POLEMINOW"S 11000KETMOU cgegbaS.(xlr N ec"i 400
4 Executive Circle
swig 190
Irvine. CA 9x6%4
949.8339066
Fax 949,8339 +59
4�
EXHIBIT NO.3
POLICE DEPARTMENT REPORT
0
City of Newport Beach
Police Department
Memorandum
August 19, 2003
TO: Bill Cunningham, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Fleming's Prime
Steakhouse at 455 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 Informati on
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 iCrime 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*
(DUI/Drunk)
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
1A
EXHIBIT NO.4
FLOOR PLANS AND ELEVATIONS
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