HomeMy WebLinkAboutThaifoon Restaurant #3 (PA2002-082)�az�'aar� CITY OF NEWPORT BEACH Hearing Date: June 20, 2002
` PLANNING DEPARTMENT Agenda Item: 3
.� 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham
NEWPORT BEACH, CA 92658 (949) 644 -3200
(949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action
REPORT TO THE PLANNING COMMISSION
PROJECT: Thaifoon Restaurant #3 (PA2002 -082)
857 Newport Center Drive
SUMMARY: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet
Ordinance (ABO) to authorize the sale of alcoholic beverages for on -site
consumption at a proposed restaurant to be located within Fashion Island.
RECOMMENDED
ACTION: Approve Use Permit No. 2002 -018 (PA2002 -082) by adopting resolution
entitled: "A Resolution of the Planning Commission of the City of
Newport Beach Approving Use Perrnit No. 2002 -018 (PA2002 -082) for
Property Located at 857 Newport Center Drive."
APPLICANT: Thaifoon Restaurant #3, LLC
4725 N. Scottsdale Road, Suite 350
Scottsdale, AZ 85251
PROPERTY
OWNER: The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
LOCATION: 857 Newport Center Drive (Fashion Island)
LEGAL
DESCRIPTION: Parcel 6 of PM 221- 30 /APN 442 - 021 -31
GENERAL PLAN: Retail & Service Commercial
ZONING
DISTRICT: Fashion Island Planned Community (PC -35)
VICINITY MAP
0 NO W, Feet VICIRITY MAR
Use Permit No. 2002 -018 (PA2002 -082)
857 Newport Center Drive
Current
Development:
Vacant (Portion of new building) within Fashion Island.
To the north:
Vacant (future restaurant and shops) within Fashion Island.
To the east:
Vacant (future shops) within Fashion Island.
To the south:
Restaurant and shops within Fashion Island.
To the west:
Parking structure within Fashion Island.
Tbaifoon #3 (PA2002 -082)
June 20, 2002
Page 2 of 6
Site(Proiect Overview
The property is located in a newly - constructed building located in the northwesterly portion of
Fashion Island. The applicant proposes to occupy a 6,161 square-foot suite and outside patio
area of approximately 1,016 square feet (total area of 7,177 square feet) that is currently vacant.
The restaurant will consist of 277 seats for dining, of which 46 are located in outside patio areas.
An outdoor dining area is provided along the north side of the building, and an outdoor
bar /dining area is provided along the west side of the building. The applicant also proposes to
have occasional live entertainment consisting of a jazz quartet.
Analysis
The applicant is requesting a new Type 47 Department of Alcoholic Beverage Control license to
permit the on -site consumption of alcoholic beverages in conjunction with a restaurant. In
accordance with Section 20.89.030A of the ABO, a new use permit is required for any new
alcoholic beverage outlet. Therefore, this staff analysis is required in conjunction with the
findings and requirements of the ABO. The Use Permit is limited to consideration under the
ABO, since restaurants are otherwise a permitted use in the Fashion Island Planned Community.
General Plan
The City's General Plan designates the site as Retail and Service Commercial. The applicant's
request is consistent with this designation in that restaurants and the ancillary on -sale of alcoholic
beverages is a permitted use within the Retail & Service Commercial land use designation.
Parking
Parking for the proposed restaurant is within the existing parking facilities for Fashion Island.
The Fashion Island Planned Community established a total of 1,633,850 square feet total gross
floor area (not including theaters) for the entire center, and a maximum of 15% of the gross floor
area allocated for restaurant, bar and theater /nightclub uses. A record of all floor area is
maintained by the City with the assistance of the Irvine Company, and with the new restaurant,
the total gross floor area devoted to restaurant uses within Fashion Island remains under the 15%
allocation ceiling. Therefore, the parking demand will not be exceeded with the establishment of
this restaurant.
Hours of Operation
The hours of operation are proposed to be from 11:00 am to 12:00 midnight Monday through
Saturday, and from 11:00 am to 11:00 pm on Sundays. These hours are consistent with the other
businesses operating within Fashion Island, and the Police Department has no objections to the
hours.
Thaifoon #3 (PA2002 -082)
June 20, 2002
Page 3 of 6
Alcoholic Beverage Outlet Ordinance
On June 8, 1998, the City Council adopted the Alcoholic Beverage Outlets (ABO) Ordinance
(Chapter 20.89 of the Municipal Code). The purpose of the ABO Ordinance is to preserve a
healthy environment for residents and businesses by establishing a set of consistent standards for
the safe operation of alcoholic beverage outlets, while preventing alcohol- related problems. 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 county -wide average.
4. The numbers of alcohol- related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
In accordance with the foregoing, and in order to provide the Planning Commission with the
necessary data and analysis to make the required findings, each of the foregoing is discussed as
follows:
1. Public Convenience or Necessity. The proposed restaurant is a full service dinner house
and the sale of alcoholic beverages is a typical ancillary use of such establishments. The Fashion
Island Planned Community included provision for such restaurant uses, and the restaurant can be
viewed as complementary to surrounding retail, office and theater uses. The proposed new user
is located in an area intended for that type of use in the original building design. Therefore, it
can be argued that the restaurant with on -sale consumption of alcohol furthers the public
convenience or necessity.
2. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of
which 2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two
Crimes that include alcohol related arrests. The project site, located within Fashion Island, is
located within Police Reporting District No. 39. During 2001, the number of Part One Crimes in
RD No.39 were 317 and the number of Part Two Crimes were 315. Adjacent Reporting Districts
are Nos. 37 and 41. RD No. 37 had 46 Part One and 55 Part Two Crimes; and RD No. 41 had 81
Part One and 91 Part Two Crimes. While the number of total crimes reporting is higher within
the RD of the subject project site as compared to surrounding RD's, the Police Department notes
that the actual amount of crimes in the area is not considered significant due to the high
concentration of commercial uses within RD No. 39.
3. Over Concentration. Due to the request for the on -site consumption there is a not
increase of one license within RD No. 39. There are a total of 40 active ABC licenses within RD
No. 39. The census tract within which the restaurant is located has a higher ratio of liquor
licenses when compared with the average ratio for Orange County since there is very limited
Thaifoon #3 (PA2002 -082)
June 20, 2002
Page 4 of 6
population within the census tract. However, as noted above, the area includes Fashion Island,
which has a high number of eating and drinking establishments. The area is typified by full -
service, sit -down restaurants that are complementary to the office, retail commercial and
entertainments uses that predominate in the Fashion Island area. As noted by the Police
Department report, the requested on -sale alcohol license is not expected to generate additional
crime problems in the area due to the nature of the business and its location within Fashion
Island which provides security services. The concentration of alcoholic beverage licenses within
the area is not considered by the Police Department as detrimental.
4. Alcohol Related Crimes. The Police Department only tracks driving under the influence
and plain drunk arrests as alcohol- related. There were 25 driving under the influence arrests and
39 plain drunk arrests within RD No. 39 in 2001. The percentage of alcohol related arrests
within RD No. 39 is 36.4 %. City -wide, alcohol related arrests account for 48.2% of all arrests
made. The alcohol- related arrest rate in the two adjacent reporting districts is 54.1% for RD No.
37 and 76.2% for RD No. 41. (A map of the reporting districts is included in Exhibit No. 3.) The
rate within RD No. 39, within which the project is located, is lower than the city -wide average
and lower than the two adjacent RD's. The Police Department does not believe that the proposed
use will generate a significant number of alcohol- related incidents.
As noted in the section on Crime Rate above, the sale of alcohol in the restaurant is ancillary to
the restaurant use and the establishment is not intended to operate primarily as a bar. However,
the floor plan includes a large lounge area adjacent to the bar and a large outdoor bar area.
Although these features are present in the design, the bar areas are less than half of the total floor
area -- over half of the public area is devoted to dining. Therefore, it is unlikely that the sale of
alcohol in conjunction with the restaurant use in this case is likely to increase alcohol- related
crimes. Therefore, in the opinion of the Police Department, it is unlikely that the sale of alcohol
in conjunction with the restaurant use will increase alcohol- related crimes.
5. Adjacent Uses. The site is located within Fashion Island and is not adjacent to sensitive
land uses. There are no residences, day care centers, schools, or park and recreation facilities in
the vicinity of the project site.
In accordance with the ABO Ordinance, the Police Department has reviewed the Use Pertnit
application and feels that no additional conditions related to design and security are necessary.
Live Entertainment
Applicant proposes live entertainment consisting of a "jazz quartet." The live band is proposed
to be used only occasionally, primarily during the summer months on Friday and/or Saturday
evenings. The entertainment is intended to be limited as an accessory use, and is not intended to
be a primary use. In staff s opinion the live entertainment will not present problems with
surrounding uses or residents given the location within Fashion Island. Nevertheless, staff has
added a condition in the resolution (No. 6) that limits the size of the band to small combos not
exceeding five persons, restricting use of amplification equipment to indoors only, and
prohibiting dancing.
Thadoon #3 (PA2002 -082)
June 20, 2002
Page 5 of 6
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 (Minor Alteration of
Existing Structures).
Conclusion
Staff believes that the findings for approval of the Use Permit can be made. The site is
conducive to the on -site consumption of alcoholic beverages in conjunction with a full- service
restaurant use, and can be viewed as complementary to surrounding uses. The site is served by
ample parking, the proposed new use does not change the use in a manner to increase parking
demand, and the restaurant is within the percentage floor area allocation for restaurant uses
within the Fashion Island Planned Community. In addition, staff believes that the required
findings of the ABO can be met.
The Commission has the option to approve the request as proposed. Should the Commission
wish to do this, Resolution No. 2002 -_ has been prepared for adoption and is included as
Exhibit No. 2.
The Commission could approve a modified project. The Commission would adopt the resolution
with revised conditions identified at the meeting.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Prepared by:
WILLIAM CUNNINGHAM
Contract Planner
1. Letter and project description from applicant
2. Resolution No. 2002 -_; findings of approval
3. Police Department report
4. Project plans
Thaifoon #3 (PA2002 -082)
June 20, 2002
Page 6 of 6
EXHIBIT 1
APPLICANT'S LETTER
AND PROJECT DESCRIPTION
q
APPLICANT: Thaifoon Restaurant #3, LLC dba Thaifoon
REQUEST: Approval of Conditional Use Permit Permitting the On -Sale of
Beer, Wine and Distilled Spirits and Live Entertainment in
Conjunction With The Operation of a Restaurant.
PROPOSED USE: Restaurant With On -Sale Service of Beer, Wine and Distilled
Spirits and Live Entertainment
ADDRESS: 857 Newport Center Drive
Newport Beach, California 92660
PROJECT NARRATIVE
The proposed project is for the approval of a Type 47 On -Sale General Eating Place
alcoholic beverage license to permit the on -sale beer, wine and distilled spirits and live
entertainment for a new restaurant to be located within Fashion Island. The propose use
is for a " Thaifoon" restaurant. Thaifoon is a casual fine dining restaurant serving Thai
and other Southeast Asian cuisine in a elegant and comfortable atmosphere. This will be
the second restaurant unit, the other being located within the Irvine Spectrum
Entertainment/Shopping complex.
This request is to permit the on premise sale of beer, wine and distilled spirits for on -sale
consumption in conjunction with the operations of the restaurant. Service of beer, wine
and distilled spirits is made for the convenience of patrons dining at the restaurant.
Additionally, the applicant proposes having live entertainment on an occasional basis
consisting of musicians such as a jazz quartet. All interior and exterior improvements
proposed will pursuant to approved plans by the City of Newport Beach and the landlord.
The subject property is located within Fashion Island, a large master. planned regional
shopping center. The site is completely bounded by other retail uses. Fashion Island
itself is surrounded by office, hotel and other commercial uses. There are no residential
structures in the immediate area of the proposed restaurant.
The patrons of the restaurant will be generated from patrons of Fashion Island,
surrounding office employees and the surrounding community.
The proposed restaurant will have a total restaurant area of approximately 6,161 square
feet with a patio area of approximately 719 square feet. The proposed restaurant will be
open seven (7) days a week. The proposed hours of operation are Sunday 11:00 AM to
11:00 PM and Monday through Saturday 11:00 AM to midnight.
The project will employ approximately 35 employees that would be on -site at one time.
The surrounding land uses are as follows:
North:
Office /Commercial.
South:
Office /Commercial.
East:
Office /Commercial.
West:
Office /Commercial.
I
EXHIBIT 2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -018 (PA2002 -082) FOR PROPERTY LOCATED AT 857
NEWPORT CENTER DRIVE
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Thaifoon Restaurant #3, LLC, with respect to property
located at 857 Newport Center Drive and legally described as Parcel 6 of PM 221 -30, requesting approval
of Use Permit No. 2002 -018 to authorize the sale of alcoholic beverages for on -site consumption at a
restaurant pursuant to the Alcoholic Beverage Outlet Ordinance (ABO).
Section 2. A public hearing was held on June 20, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was duly given. Evidence, both written and oral, was duly 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 alcoholic retail sales establishment needing this use permit, and
the proposed conditions under which it would be operated or maintained, is consistent with the
General Plan and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in
or adjacent to the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city. The use permit pertains to the
on -site consumption of alcoholic beverages in conjunction with a restaurant to be opened in a
building that is designated and zoned for this activity. The use has been conditioned in such a
manner to minimize the impacts associated with sale of alcoholic beverages. The plans, as
conditioned, meet the design and development standards for alcoholic sales. The applicant does
not propose a use that would change the operational characteristics of the site and could result
in additional parking demand.
2. The operational characteristics of the proposed use, including the hours of operation, are consistent
with Municipal Code requirements. Any change in the operational characteristics, including a
change in the hours of operation, would require an amendment to the Use Permit, reviewed by the
Planning Commission.
3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal
Code (Alcoholic Beverage Outlets Ordinance) for the following reasons:
a. The convenience of the public can be served by the sale of desired beverages in
conjunction with a full- service, sit -down restaurant that is complementary to surrounding
uses within Fashion Island.
1
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 5
b. The crime rate in the police reporting district and adjacent reporting districts is not likely to
increase as a result of the proposed use.
C. The number of alcohol licenses within the report districts and adjacent reporting districts is
not significantly high given the nature of the land uses in the district and when compared
with County -wide data.
d. The percentage of alcohol - related arrests in the police reporting district in which the project
is proposed is lower than the percentage citywide. Retail sales and minor on -site
consumption is not expected to increase alcoholic related crime.
e. There are no residences, day care centers, schools, or park and recreation facilities in the
vicinity of the of the project site.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Minor alteration of existing structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2002 -018, subject to the Conditions set forth in Exhibit "A."
Section 5. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JUNE, 2002.
IM
NIM
Larry Tucker, Chairman
Earl McDaniel, Secretary
AYES:
NOES:
P
City of Newport Beach
Planning Commission Resolution No.
Pace 3 of 5
EXI IT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002-018
1. The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated March 1, 2002.
2. Use Permit No. 2002 -018 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City - adopted version of
the California Building Code. The construction plans must meet all applicable State Disabilities
Access requirements. Adequate access and exiting must be cleared through the Building
Department. Specifically, approval from the Orange County Health Department is required prior
to permit issuance. A grease interceptor of adequate size is required in association with food
preparation activities.
4. The outdoor dining and bar areas shall have adequate barriers as required by the California State
Department of Alcoholic Beverage Control.
5. Hours of operation shall be from 11:00 AM to 12:00 midnight, Monday through Saturday; and
from 11:00 AM to 11:00 PM on Sundays.
6. All owners, managers and employees selling alcoholic beverages shall undergo and successfully
complete a certified training program in responsible methods and skills for selling alcoholic
beverages. The certified program must meet the standards of the California Coordinating Council
on Responsible Beverage Service or other certifying/licensing body which the State may
designate. The establishment shall comply with the requirements of this section within 180 days
of the issuance of the certificate of occupancy. Records of each owner's, manager's and
employee's successful completion of the required certified training program shall be maintained
on the premises and shall be presented upon request by a representative of the City of Newport
Beach.
7. Live entertainment shall be restricted to small combos not exceed a quartet in size and there
shall be no dancing. Any sound or amplification equipment used in conjunction with live
entertainment shall be in a manner that sounds cannot be heard on the exterior of the building.
Exterior speakers for the use of live entertainment shall be prohibited at all times. Upon
evidence that noise generated by the project exceeds the noise standards established by Chapter
20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require
that the applicant or successor retain a qualified engineer specializing in noise /acoustics to
monitor the sound generated by the restaurant facility to develop a set of corrective measures
necessary in order to insure compliance.
l�
City of Newport Beach
Planning Conunission Resolution No.
Paee 4 of 5
8. That any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require amendment to
this Use Permit or the processing of a new Use Permit.
9. Should this business be sold or otherwise come under different ownership, any future owners or
assignees shall be notified of the conditions of this approval by either the current business
owner, property owner or the leasing agent.
10. The Planning Commission may add to or modify conditions of approval to this Use Permit or
recommend to the City Council the revocation of this Use Permit upon a determination that the
operation which is the subject of this Use Permit causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
11. This Use Permit shall be terminated if the operation is no longer maintained as a "bona fide
public eating place" as defined by the California Department of Alcoholic Beverage Control.
12. Full menu food service items shall be available for ordering at all times that the restaurant
establishment is open for business.
13. 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. 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.
15. 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.
16. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage
Control shall be full alcohol service for on -site consumption only and only in conjunction with
the service of food as the principal use of the facility. The sale for off -site consumption of
alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject
to the approval of an amendment to this application and may require the approval of the
Planning Commission.
17. 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.
18. This use permit may be modified or revoked by the City Council or Planning Commission
so
City of Newport Beach
Planning Commission Resolution No.
Paee 5 of 5
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.
19. A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set
forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as
incidental and accessory to the primary use of the facility as a restaurant and as a bar /nightclub
operation after regular meal service ceases in the restaurant.
20. 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.
21. The operator of the restaurant facility shall be responsible for the control of noise generated by the
subject facility. The noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no
more than depicted below for the specified time periods unless the ambient noise level is higher:
l�
Between the hours of
7:OOAM and 10:00PM
Between the hours of
TOOAM and 10:00PM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial
property
45dBA
6OdBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
l�
EXHIBIT 3
POLICE DEPARTMENT REPORT
1.5
NEWPORT BEACH POLICE DEPARTMENT
870 Santa Barbara. P.O. Box 7000. Newport Beach, CA 92658 -7000 BOB MCDONELL
Chief of Police
May 30, 2002
TO: Bill Cuningham, Planner
FROM: Inv. Tom Voth
SUBJECT: Thaifoon Restaurant # 3, LLC
At your request, our office has examined the project review plan for the Thaifoon
Restaurant #3 Project located at 857 Newport Center Dr., Newport Beach. This business
will be approximately 6200 square feet and situated in a newly constructed building. It
will be in the Fashion Island Planned Community and does not require a Conditional Use
Permit. The restaurant will have a split -level bar /lounge area with 25 seats. The
restaurant design includes two outdoor dining areas with 46 seats. The interior dining
areas have 206 seats and total seating for this restaurant is 277. Tree wells and planter
boxes will surround the patio areas allowing normal pedestrian access only from the
restaurant's interior. There will be no dancing.
According to Michael Cho, the attorney representing Thaifoon Restaurant #3,L.L.C., the
applicant would like to open an up -scale fine dining restaurant with alcoholic beverage
service available at the location. Per Mr. Cho, upon the approval of the Planning
Commission the applicant will apply for a premise -to- premise transfer of a Type 47 (On-
Sale General- Eating Place) license with the Department of Alcoholic Beverage Control.
The menu will consist of "Thai" dishes and will cater to local residents and visitors to
the area. Mr. Cho stated that the applicant would like to have pre- recorded background
music both inside the restaurant and on the patio. Additionally, he mentioned that the
location would like to possibly have a "jazz quartet" perform during the summer months
and on occasion.
Applicant History:
Desert Island Restaurants owns and manages three restaurant concepts, including Ruth's
Chris Steakhouses, Roy's Restaurants, and Thaifoon Restaurants. Roy's Restaurant has
been located in Fashion Island since 1999 and the Police Department has not had any
unique problems associated with their operation. The Irvine Police Department was
queried about the operation of the Thaifoon Restaurant in the Irvine Spectrum. They
have had no problems over the one -month period that it has been open.
For Police services information refer to the attached report by Crime Analyst Paul
Salenko.
Office of the Chief (949) 644 -3701 / Administration (949) 644 -3654 / Patrol- Traffic (949) 644 -37421 Detectives (949) 644 -3790 t�
Signs:
Mr. Cho told me that their signs would be configured to comply with the City of Newport
sign requirements.
Hours of Operation:
The intended hours of operation are I 1 a.m. to 10 p.m., Sunday through Thursday and 11
a.m. to 1 I p.m. on Friday and Saturday.
Preventive Design:
The Police Department has no recommendations.
Security:
Mr. Cho stated that they would rely on the 24 -hour security, provided through the lease
by Fashion Island Security.
The Police Department has no objection to the operation as described by Mr.Cho and will
condition the ABC license upon approval by the City as necessary to maintain the health,
safety and welfare of the community.
Inv. Tom Voth
Vice and Intelligence Unit
11
City of Newport Beach
Police Department
Memorandum
May 31, 2002
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 Thaifoon Restaurant # 3 at
857 Newport Center Drive. 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 2001, which is the most current data available.
Calls for Service Information
City wide there were 55,291 calls for police services during this time, of which 4,269 were in
RD 39. A "call for service" is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,955 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,852 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
4,103 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,770.24 per 100,000 people. The national Part One crime rate was 4,124.0 per
100,000 people.
Crimes
RD 39
Newport Beach
California*
National*
Part 1
317
2,852
1,266,714
11,605,751
Part 2
315
4,103
N/A
N/A
Part 1Crime Rate
36,520.74
3,770.24
3,739.7
4,124.0
Number of active ABC licenses in this RD 40 **
Arrest Information
There were 25 DUI arrests and 39 Plain Drunk arrests in this area during this same period as
compared to 1,769 for the entire city. This RD amounts to 3.6 % of the DUI /Drunk arrests
[0
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)
64
1,769
N/A
N/A
All Arrests
176
3,629
1,408,904
9,123,428
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 37 and RD 41. As you know, RD 39 encompasses all of Fashion Island,
which is primarily commercial in nature which causes the very high crime rate.
Crimes
RD 37
RD 41
Part 1
46
81
Part 2
55
91
Crime Rate
2,073.01
4,376.01
Arrests (DUI/Drunk)
20
45
All Arrests
37
59
Calls For Service
687
1,273
Number of active ABC licenses
5
11 **
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 2000 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
May 31, 2002
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