HomeMy WebLinkAboutYuki Sushi Corporation (PA2003-163)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
September 18, 2003
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, gramirez(a)citv.newport- beach.ca.us
SUBJECT: Yuki Sushi Corporation, 3601 Jamboree Road, Suite 15B
Use Permit No. 2003 -024 (PA2003 -163)
APPLICANT: Takayuki Hori, Yuki Sushi Corporation
INTRODUCTION:
The applicant requests approval of a Use Permit pursuant to the Alcoholic Beverage
Ordinance for the sale of beer and wine for on -site consumption at a new restaurant that
is permitted to operate under an existing Specialty Food Service Permit. Since the
Specialty Food Service Permit prohibited alcohol sales, the Use Permit also includes
the full service, small scale eating and drinking establishment as defined by the current
Zoning Code. If approved, this Use Permit would supersede the existing Special Food
Service Permit and create a single Use Permit for this location.
RECOMMENDATION:
Staff recommends the Planning Commission approve Use Permit No. 2003 -024 subject
to the findings and conditions of approval included within the attached draft resolution.
VICINITY MAP
C
3601 Jamboree Road
Use Permit Nn gno.,A_(17d (PA90n 1 -1 RQ\
Yuki Sushi
September 18, 2003
Page 2
Fee
Current
Development:
To the north:
Commercial
To the east
Commercial
To the south:
Commercial
To the west.
Commercial
Yuki Sushi
September 18, 2003
Page 3
DISCUSSION:
Site /Project Overview
Yuki's Sushi is a new restaurant located within an existing multi- tenant building in the
Back Bay Court shopping center. The restaurant owner is preparing to open and
operate under Specialty Food Permit No. 42 (Exhibit No. 6), which was issued on
November 22, 1995. The project site was most recently occupied by Spumoni Garden,
an Italian eatery which operated under the conditions of the Specialty Food Service
Permit. The restaurant occupies approximately 1,660 square feet of gross floor area
(includes the small outdoor dining patio area) of which approximately 524 square feet is
net public area. Notable conditions of approval for the Specialty Food Permit limit both
interior and exterior seating to 20 people and prohibits the service of alcoholic
beverages. Alcoholic beverage sales with a specialty food permit were prohibited by the
zoning code. Shared on -site parking exists for the commercial uses in the shopping
center. Commercial and retail establishments dominate the area surrounding the
subject property and no residential neighborhoods are in the vicinity. Finally, no live
entertainment or dancing is currently permitted or proposed.
Project Characteristic Table
Gross Square Footage:
1,660 s ft.
Net Public Area:
524 sqft.
Hours of Operation (Proposed):
11:00 AM — 9:00 PM
Hours of Operation (Recommended):
6:00 AM —11:00 PM
Customer Seating:
20 Maximum (Indoor and Outdoor
Combined
Parking Spaces Required:
17
Parking Spaces Provided:
I Pool Parkin — Project Complies
Analysis
The applicant requests approval to allow the sale of beer and wine (Type 41 ABC
license) for on -site consumption pursuant to the Alcoholic Beverage Outlet Ordinance.
The Use Permit also includes an approval for a full service small scale eating and
drinking establishment thereby eliminating the out -dated Specialty Food Permit while
bringing the restaurant into compliance with current procedural requirements and
eliminates the need to maintain multiple permit files for a single use. However, since the
Existing Specialty Food Service Permit remains valid, the only new conditions applied to
the new use permit are those associated with alcoholic beverage service and the ABO.
Staff believes that this is acceptable since the existing Specialty Food Service
conditions are adequate and the use is permitted to operate under that permit should
this request be denied.
Yuki Sushi
September 18, 2003
Page 4
General Plan/Local Coastal Plan
The Land Use Element of the General Plan designates the project site as Retail and
Service Commercial. Restaurants with the ancillary on -site consumption of alcoholic
beverages are a permitted use within the Retail and Service Commercial land use
designation. The subject property is not located within the Coastal Zone.
Zoning Code /Planned Community Development Regulations
The subject property is located within the Newport Place Planned Community and within
General Commercial Site 1. Restaurant uses with alcoholic beverage service are
permitted within this district upon approval of a Use Permit.
Hours of Operation
The existing Specialty Food Permit allows hours of operation of 6:00 AM: to 11:00 PM
daily. The applicant has indicated that their business hours are going to be 11:00 AM to
9:00 PM daily. The Planning Department believes that given the fluid nature of the
restaurant industry and that different operators over time that may use this permit, the
existing permitted hours of 6:00 AM to 11:00 PM are appropriate for this location.
Although Yuki's Sushi will only be open for the lunch and dinner meals periods, a future
restaurant may desire to operate during the breakfast hours or stay open later and
would be unable to so without amending the Use Permit. The Police Department has
reviewed the application and has indicated that the 6:00 AM to 11:00 PM business
hours are acceptable under current and proposed conditions.
Alcoholic Beverage Outlet Ordinance
The applicant requests approval of a Use Permit to allow the sale of beer and wine
(Type 41 ABC License) for on -site consumption in conjunction with an eating and
drinking establishment. In accordance with Section 20.89.030A of the Alcoholic
Beverage Outlet (ABO) Ordinance, a new use permit is required for a new Type 41
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.
Yuki Sushi
September 18, 2003
Page 5
1. Public Convenience or Necessity. The service of alcoholic beverages in
conjunction with a full service restaurant is typical and is expected by the public.
Approval of the sale of alcohol will serve the public's convenience.
Council Policy K -7, Determination of Public Convenience and Necessity, requires that
certain findings be made for new alcoholic beverage outlets is not applicable in this
case because the proposed establishment is not a bar, cocktail lounge, cabaret 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 is located
within Police Reporting District (RD) No. 34, 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. 34:
950,000
Cit Average:
3,448.23
RD No. 36:
2,034.75
1 Califomia:
3,902.9
RD No. 54:
3,544.30
1 National:
4,160.5
During 2002, the number of Part One Crimes in RD No. 34 was 152 and the number of
Part Two Crimes was 168. Adjacent Reporting Districts are Nos. 36 and 54. RD No. 36
had 89 Part One and 125 Part Two Crimes; and RD No. 54 had 42 Part One and 54
Part Two Crimes. A map of the reporting districts is attached to the Police Department
report (Exhibit No. 3). The number of total crimes reporting within the RD of the subject
site is higher than the two adjacent RD's.
It must be noted that the crime rate is based on crimes per 100,000 people and since
RD 34 encompasses the airport area, which has virtually no residential population, the
crime rate figure is drastically skewed. Considering the significant daytime population of
the area, the Police Department doesn't believe the area to have a high crime rate.
3. Over Concentration. There are 26 active alcoholic beverage licenses in police
Reporting District No. 34. This application will result in one additional ABC license. Due
to the non - existent residential population in RD No. 34 any comparison to other areas
based upon population would be misleading. Using a license per RD or license per acre
comparison would also be misleading given that RD's vary in area and land use.
However, considering the daytime population, 26 ABC licenses does not appear to be
high. Finally, the Police Department has not indicated that they believe the area to be
over concentrated with alcohol licenses.
4. Alcohol - Related Crimes. The Police Department has provided statistics for
driving under the influence and plain drunk arrests. There were 22 driving under the
Yuki Sushi
September 18, 2003
Page 6
influence arrests and 15 plain drank arrests within RD No. 34 (totaling 37 DUI /Drunk
arrests) during this same period as compared to 1,608 for the entire City. This RD
accounts for to 2.10% of the DUI /Drunk arrests made in the City. RD No. 36 had 27
DUI /Drunk arrests and RD No. 16 had 12 DUI /Drunk arrests.
The proposed sale of beer and wine is in conjunction with a bona fide eating and
drinking establishment. The Police Department has reviewed the project and has
provided recommend conditions of approval to minimize the potential for an increase of
alcohol related crimes.
5. Adjacent Uses. There are no schools, day care centers or places of religious
worship near the subject property. The restaurant is located within a commercial area
adjacent to major arterial (Highway 73).
Conclusion: Given that the proposed alcoholic beverage service is associated with a
restaurant with full meal service and will be required to remain a bona fide eating and
drinking establishment, the Police Department does not have objections to the operation
as proposed by the applicant. Additionally, the Police Department has reviewed the Use
Permit application and has submitted recommended conditions of approval. The Police
Department recommends the standard conditions of approval 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. Should the project be approved, 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. Finally, the location of this establishment (with no sensitive land uses nearby)
makes the location and use acceptable.
Parking
The subject property provides pool parking for the shopping center tenants. The existing
Specialty Food Service Permit requires that 1 parking space per each 250 square feet
of gross floor (includes the outdoor dining area) be provided, which results in 7 spaces
(250/1660). Full service, small scale eating and drinking establishments require one
parking space be provided for each three seats or one space for each 75 square feet of
net public area. The applicant is proposing 20 seats (7 spaces required) and 525 square
feet of net public area (7 spaces required). Therefore, the parking requirement is the
same as required by the existing Specialty Food Service Permit. The restaurant was in
compliance with this requirement at the time of the approval of Specialty Food Service
Permit No. 42 and to staffs knowledge the shopping center provides the required
number of parking spaces for all existing tenants. The City has received calls in the past
claiming that shopping center patrons have been parking on nearby properties.
However, Staff believes the addition of beer and wine sales is not likely to increase
Yuki Sushi
September 18, 2003
Page 7
parking demand beyond that which would be created by this or another eating and
drinking establishment operating under the existing Specialty Food Service Permit.
Environmental Review:
This project has been reviewed and it has been determined that since the construction
associated with the proposed use is limited to minor interior alterations only, it is
categorically exempt from the requirements of the California Environmental Quality Act
under Class 1 (Existing Facilities).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property (excluding roads and waterways) and posted at the site a
minimum of 10 days in advance of this hearing consistent with the Municipal Code.
Additionally, the item appeared upon the agenda for this meeting, which was posted at
City Hall and on the city website.
Conclusion:
Staff believes the proposed restaurant use with the on -site sale of beer and wine is
suitable for this location and will not be detrimental to the community. Additionally, staff
believes that superseding the existing Specialty Food Service Permit by approving a full
service, small scale eating and drinking establishment at this location is appropriate in
this particular case and brings the establishment into compliance with the current
Zoning Code permit requirements. The attached resolution includes all applicable
conditions of approval from Specialty Food Service Permit No. 42 and those new
conditions of approval that are associated with the sale of alcoholic beverages.
Prepared by:
Gregg B. mirez, AssocialPlanner
Exhibits:
Submitted by:
P
Patricia L. Temple, Plan ing Director
1. Resolution No. _; findings and conditions of approval
2. Letter and project description from the applicant
3. Police Department report and Police Reporting District Map
4. Specialty Food Permit No. 42
5. Project plans
EXHIBIT NO. 1
RESOLUTION NO. ; FINDINGS
AND CONDITIONS OF APPROVAL
I
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -024 FOR PROPERTY LOCATED AT 3601 JAMBOREE
ROAD, SUITE 15B (PA2003 -163)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by the Yuki Sushi Corporation, with respect to
property located at 3601 Jamboree Road, Suite 15B and legally described as Lot 2 Tract 7694,
requesting approval of Use Permit No. 2003 -024 to authorize a full service, small scale eating
and drinking establishment with the sale of beer and wine for on -site consumption pursuant to
the Alcoholic Beverage Outlet Ordinance (ABO). The three acre site is located in the Newport
Place Planned Community District and is designated for retail commercial uses.
Section 2. A public hearing was held on September 18, 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. The application, plans, staff report and other
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:
1. The proposed location of the eating and drinking establishment with accessory beer
and wine sales for on -site consumption and the proposed conditions under which it
would be operated or maintained, is consistent with the General Plan and the purpose
of the zoning 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 location of the restaurant is in an existing shopping center within a
commercial area. Surrounding land uses are dominated by retail commercial
and professional office uses and no sensitive land uses are located within the
shopping center or nearby properties. Restaurant uses of this type with
alcoholic beverage sales are complimentary to the surrounding commercial
uses and are typically found in this and similar locations.
b. The applicant does not propose a use that would change the operational
characteristics of the site that would result in an additional parking requirement.
G. 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, would
require an amendment to the Use Permit, reviewed by the Planning Commission.
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 7
2. 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 as
an accessory use in conjunction with a bona fide eating and drinking
establishment with a full menu that is complimentary to surrounding uses. Beer
and wine service is typical and expected by the public in this type of restaurant
setting.
b. Although there is a higher than average crime rate, 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 reporting district and adjacent reporting
districts is not significantly high given the nature of the land uses in the reporting
district.
d. On -site alcoholic beverage consumption at this location and in conjunction with a
bona fide eating and drinking establishment is not expected to increase alcohol
related crimes.
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.
3. This Use Permit nullifies Specialty Food Service Permit No. 42 and re- establishes the
use as a full service, small scale eating and drinking establishment.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
the California Environmental Quality Act under Class 1 (Existing Facilities).
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit No. 2003 -024, 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.
�b
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 7
PASSED, APPROVED AND ADOPTED THIS 78th DAY OF SEPTEMBER 2003.
BY:
Earl McDaniel, Chairman
M
Michael Toerge, Secretary
AYES:
NOES:
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 7
EXHIBIT W
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-024
The development shall be in substantial conformance with the approved plot plan and
floor plan dated September 3, 2003.
2. Use Permit No. 2003 -024 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. 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 owner or the leasing agent.
4. That any change in operational characteristics, hours of operation, expansion in area,
operational characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
5. 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.
6. 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.
7. The maximum seating and /or stand -up counter space for no more than 20 customers
shall be maintained inside and /or outside the subject specialty food use. Any further
increase in the number of seating and /or stand -up counter space for customers shall
be subject to the approval of an amended use permit.
8. Trash receptacles for patrons shall be conveniently located both inside and outside of
restaurant.
9. Trash generated by the business shall be screened from view from adjoining properties
except when placed for pick -up by refuse collection agencies.
10. All signs shall conform to the provisions of Chapter 20 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site
or off -site, to advertise the restaurant.
Ja
City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 7
11. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction
of the Building Department.
12. Where grease may be introduced into the drainage systems, grease interceptors shall be
installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise
approved by the Building Department and the Utilities Department.
13. The outdoor dining area shall have adequate barriers as required by the California
State Department of Alcoholic Beverage Control.
14. Hours of operation shall be from 6:00 AM to 11:00 p.m. daily.
15. 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.
16. Live entertainment shall be prohibited at all times and any recorded background music
shall be limited to indoor areas only,
17. No dancing is permitted on the premises.
18. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge
or nightclub as defined by the Municipal Code.
19. No alcoholic beverages shall be consumed on any property adjacent to the licensed
permission under the control of the license.
20. Sales, delivery and consumption of alcoholic beverages shall be restricted to within the
confines of the tenant space and sales or delivery of alcoholic beverages through any
pass -out window is prohibited.
21. No "happy hour" type of reduced price alcoholic beverages promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
22. 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. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
J3
City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 7
23. 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 ant other form of admission charge, including minimum drink orders or the
sale of drinks.
24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all time maintain records which
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business
25. 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.
26. Full menu food service items shall be available for ordering at all times that the restaurant
establishment is open for business.
27. 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, litter debris and graffiti from the premises and on all abutting sidewalks within 20
feet of the premises.
28. 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.
29. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 41 for beer and wine 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.
30. 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.
31. 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.
14
City of Newport Beach
Planning Commission Resolution No. _
Paae 7 of 7
32. 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.
33. No outside paging system shall be utilized in conjunction with this outdoor dining
establishment.
34. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility including recorded background music. 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:
0
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
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
ro e
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
NIA
65dBA
NIA
6OdBA
0
EXHIBIT NO. 2
APPLICANT'S PROJECT DESCRIPTION
11
June 25, 2003
CITY OF NEWPORT BEACH
3300 NEWPORT BEACH BOULEBARD
NEWPORT BEACH, CA 92658
RE: USE PERMIT
Applicant: Yuki Sushi Corporation
Dear, Newport Beach Committee Members
An applicant, Yuki Sushi Corporation, is requesting an approval for a Use Permit to sell
Beer and Wine in its Sushi Restaurant, located 3601 Jamboree Road, Suite 15B,
Newport beach, CA 92660.
Yuki Sushi Corporation (the Company) is owned and will be operated by Yukio Yashiro,
a veteran sushi chef, and his wife Mitsuko Yashiro. The company was incorporated under
the Law of California, in May 2003. The company had acquired the business property to
open Sushi Restaurant to serve Japanese food in the location. In order to have better
services to its customers, the Company also would like to offer Beer and Wine. The
business property operated by the previous owner was not authorized to sell Beer and
Wine at the location.
The company submits all required documents, maps, and other necessary information.
Please review the accompanied documents and grand a permit as soon as your convenient.
If you have any questions or concerns, please feel free to contact us. Phone# :( 714)957-
6001
Sincerely Z Z 4 5
Yukio Yashiro
Chief Executive Officer
Yuki Sushi Corporation
3601 Jamboree, Suite 15B
Newport Beach, CA 92660
1�
EXHIBIT NO. 3
POLICE DEPARTMENT REPORT AND
POLICE REPORTING DISTRICT MAP
li
City of Newport Beach
Police Department
Memorandum
August 1, 2003
TO: Gregg Ramirez —Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Yuki Sushi UP2003 -024
Per your request, our office has reviewed the project request for Yuki Sushi, located at 3601
Jamboree Road Suite 15B, Newport Beach. This restaurant is currently operating under a
"Specialty Food Service" and the applicant is requesting to seek a `Restaurant' occupancy
classification that will allow:
1) eight dining seats inside and eight dining seats outside patio;
2) hours 11:00 am to 9:00 pm daily; and
3) allow the sale of alcoholic beverages for On -Sale Beer and Wine (Type 41 license).
For police services information refer to the attached report by Crime Analyst Paul Salenko
Applicant History:
Family owned business.
Signs and Displays
Advised that any signs and displays would need to conform to city requirements.
Hours of Operation
Recommended hours of operations 11:00 am to 9:00 pm daily.
Preventive Design
The Police Department has no recommendations.
Security:
The Police Department has no recommendations.
Yuki Sushi — UP2003 -024
August 1, 2003
Page 2 of 3
Employee Training
Require all owners, managers and employees serving and/or selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible methods and
skills for serving and selling alcoholic beverages.
Additional Comments:
The Police Department has no objection to the operation as described by the applicants and,
upon approval of the CUP, will condition the ABC license as necessary to maintain to
maintain the health, safety and welfare of the community.
In addition the Police Department believes the following condition would be appropriate for
the Conditional Use Permit 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. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
5. Petitioner shall not share any profits, or pay any percentage or commission to a promoter
or any other person, based upon moneys collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all time maintain records which reflect
separately the gross sale of food and the gross sales of alcoholic beverages of the
licensed business. Said records shall be kept no less frequently than on a quarterly basis
and shall be made available to the City on demand.
At
Yuki Sushi — UP2003 -024
August 1, 2003
Page 3 of 3
7. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event Permit
as issued by the City of Newport Beach,
8. There shall be no dancing allowed on the premises.
9. There shall be no live entertainment of any type on the premises at any time.
10. 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.
11. For the purposes of this application, staff may also want to consider establishing
conditions that would require Special Event Permit. A Special Event Permit may be
required for any event or promotional activity outside the normal operational
characteristics of the proposed operation. For example, events likely to attract large
crowds, or events for which an admission fee is charged, those that include any form of
party of contract promoters, or any other activities as specified in the Newport Beach
Municipal Code to require such permits
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
City. of Newport Beach
Police Department
Memorandum
July 24, 2003
TO: Gregg Ramirez, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Yuki Sushi at 3601
Jamboree Rd. This area encompasses our reporting district (RD) number 34 as well as part of
Census Tract 626.26. 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 2,403 were in
RD 34. 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 34
Newport Beach
California*
National*
Part 1
152
2,609
1,346,557
11,849,006
Part 2
168
4,448
N/A
N/A
Part 1Crime Rate
950,000.00
3,448.23
3,902.9
4,160.5
The number of active ABC licenses in this RD is 26 **
Per capita ratio 1 license for every 2 residents.
This reporting district had a total of 320 reported crimes as compared to a City wide
reporting district average of 186 reported crimes. This reporting district is 134 crimes or
72.31 % 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
a3
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 22 DUI arrests and 15 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to 2.10% 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
(DUI/Drunk)
All Arrests
RD 34 Newport Beach
37 1,608
100 4,005
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 36 and RD 54.
Crimes
RD 36
RD 54
Part 1
89
42
Part 2
125
54
Crime Rate
2,034.75
3,544.30
Arrests (DUI/Drunk)
27
12
All Arrests
81
28
Calls For Service
2,240
564
Number of active ABC licenses
8 **
1 **
Per capita ratiol license for every
547 **
1,185 ** 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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I
EXHIBIT NO. 4
SPECIALTY FOOD PERMIT NO 42
aI
CITY OF NEWPORT BEACH
November 22, 1995
Application No: 42
P.O. BOX 1768. NEWPORT BEACH, CA 9265"915
PLANNING DEPARTMENT (714) 644 -3200
SPECIALTY FOOD SERVICE PERMIT
Applicants: Gayle and Rick Trager
Address of Property Involved: 3601 Jamboree Road
Legal Description: Lot 1, Tract No, 7694
Request to permit the establishment of a specialty food service use on property located in the P -C
District.
The Planning Department on November 11, 1995, approved the application subject to the following
conditions:
That development shall be in substantial conformance with the approved site plan and floor plan
except as noted in the following conditions.
1. That maximum seating and /or stand -up counter space for no more than 20 customers shall be
maintained inside and /or outside the subject specialty food use. Any further increase in the
number of seating and/or stand -up counter space for customers shall be subject to the
approval of an outdoor dining permit or a use permit.
2. That trash receptacles for patrons shall be conveniently located both inside and outside of the
proposed facility.
3. That trash generated by the business shall be screened from view from adjoining properties except
when placed for pick -up by refuse collection agencies.
4. That at least one parking space for each 250 sq.ft. of gross floor area shall be provided for the
proposed facility.
5. That the hours of operation shall be limited between the hours of 6:00 a.m. and 11:00 p.m.
6. That no outside paging system shall be utilized in conjunction with this outdoor dining
establishment.
3300 Newport Boulevard, Newport Beach 1�
November 28,1995
Page - 2
7. That 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 owner or the
leasing company.
8. That no on -sale alcoholic beverages shall be permitted on the premises.
9. That no live entertainment or dancing shall be permitted in conjunction with the permitted use.
10. That no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or
off-site, to advertise the specialty food establishment.
11. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the
Building Department.
12. That where grease may be introduced into the drainage systems, grease interceptors shall be
installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by
the Building Department and the Utilities Department.
13. That the Planning Department may add to or modify conditions of approval to this specialty food
service permit, or recommend to the Planning Commission or City Council the revocation of this
permit upon a determination that the operation which is the subject of this approval causes injury,
or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community.
The Planning Department determined in this case that the proposal would not be detrimental to
persons, property or improvements in the neighborhood and that the specialty food services permit as
approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal
Code,, and made the following findings:
1. That the proposed specialty food service is retail in nature, serving mainly persons residing or
working in the neighborhood, maintains a gross floor area of 2,000 sq.11. or less, and is not
necessarily a destination point. It is anticipated that the proposed use will have parking demand
characteristics similar to a retail use.
2. That the proposed development is consistent with the Land Use Element of the General and is
compatible with the surrounding land uses.
3. That the required number of off - street parking spaces exist in the common parking lot for the
proposed specialty food establishment as required by Chapter 20.72 of the Municipal Code.
4. That Use Permit No. 3406 is hereby null and void, and that the other half of this previously existing
tenant space shall be limited to retail, office or personal service establishments.
,I
November 28,1995
Page - 3
5. That the approval of Specialty Food Service Permit No. 42 will not, under the circumstances of
this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the
city.
NOTE: This approval shall expire unless exercised within 24 months from the end of the appeal
period, and cannot be extended.
The decision of the Planning Department may be
Commission within 14 days of the date of the decision.
filing fee of 3$ 99.00.
PLANNING DEPARTMENT
L
By ? �.� ti; ��� 4
L „
Dana O. Aslami
Associate Planner
DOA:dk
appealed by the applicant to the Planning
Any appeal filed shall be accompanied by a
!P
EXHIBIT NO. 5
PROJECT PLANS
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