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HomeMy WebLinkAboutRed Robin Restaurant (PA2002-183)a CITY OF NEWPORT BEACH Hearing Date: October 17, 2002 PLANNING DEPARTMENT Agenda Item: 3 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham �asoaz'`T NEWPORT BEACH, CA 92658 (949) 644 -3234 (949) 644.3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action REPORT TO THE PLANNING COMMISSION PROJECT: Red Robin Restaurant (PA2002 -183) 987 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: Adopt Resolution No._ approving the requested Use Permit No. 2002- 038 (PA2002 -183) with conditions. APPLICANT: Red Robin International, Inc. 5575 DTC Parkway, Suite 110 Greenwood Village, CO 80111 PROPERTY OWNER: The Irvine Company c/o Madison Marquette Retail Services, Inc. 401 Newport Center Drive, #A150 Newport Beach, CA 92660 LOCATION: 987 Newport Center Drive (Fashion Island) LEGAL DESCRIPTION: Parcel 6 of PM 221- 30 /APN 442- 021 -11 GENERAL PLAN: Retail & Service Commercial ZONING DISTRICT: Fashion Island Planned Community (PC -35) INITY MA P Use Permit No. 2002 -038 (PA2002-183) 987 Newport Center Drive Current Development: Vacant (previously, food uses within Food Court) within Fashion Island. To the north: Edwards Cinemas within Fashion Island. To the east: Mezzanine and outdoor Food Court dining area within Fashion Island. To the south: Food Court indoor dining and restaurants within Fashion Island To the west: Food Court and service areas within Fashion Island. Red Robin (PA2002-183) October 17, 2002 Page 2 of 6 Site/Proiect Overview The proposed restaurant will be located in an existing building located in the center portion of Fashion Island and previously occupied by a number of smaller fast food restaurants. The applicant proposes to occupy a 6,790 square-foot suite and outside patio area of approximately 1,034 square feet (total area of 7,824 square feet). The restaurant will consist of 254 seats for dining, of which 32 are located in the outside patio area. Two patio areas are located on either side of the main entrance to the restaurant and will be used as follows: a 294 square -foot waiting area, and a 740 square -foot dining area. The applicant proposes no live entertainment, and has stated that recorded music will be limited to the indoor area. Analysis The applicant is requesting a new Type 47 Department of Alcoholic Beverage Control license to permit the on -site consumption of alcoholic beverages in conjunction with a restaurant. In accordance with Section 20.89.030A of the ABO, a new use permit is required for any new alcoholic beverage outlet. Therefore, this staff analysis is required in conjunction with the findings and requirements of the ABO. The Use Permit is limited to consideration under the ABO, since restaurants are a permitted use in the Fashion Island Planned Community. General Plan The City's General Plan designates the site as Retail and Service Commercial. The applicant's request is consistent with this designation in that restaurants and the ancillary on -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 a.m. to 11:00 p.m. daily. These hours are consistent with the other businesses operating within Fashion Island, and the Police Department has no objections to the hours. Red Robin (PA2002 -183) October 17, 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 factors: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and analysis to make the required findings, each of the factors is discussed as follows: 1. Public Convenience or Necessity. The proposed restaurant is full service specializing in "gourmet" burgers, fries and similar fare, and the sale of alcoholic beverages is a typical ancillary use of such establishments. The Fashion Island Planned Community included provision for such restaurant uses, and the restaurant can be viewed as complementary to surrounding retail, office and theater uses. The proposed new user is located in an area intended for that type of use in the original building design and recent past users included a number of fast food restaurants. Therefore, it can be argued that the restaurant with on -sale consumption of alcohol furthers the public convenience or necessity. The Police Chief is designated by Council Policy K -7 to be responsible for making an official finding of public convenience and necessity on behalf of the City. The Police Chief is prepared to make this finding as the proposed ABO is a restaurant and not a bar or nightclub. 2. Crime Rate. Citywide, there were 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 was 317 and the number of Part Two Crimes was 315. Adjacent Reporting Districts are Nos. 38 and 43. RD No. 38 had 12 Part One and 31 Part Two Crimes; and RD No. 43 had 30 Part One and 43 Part Two Crimes. While the number of total crimes reporting is higher within the RD of the subject project site as compared to surrounding RD's, the Police Department notes that the actual amount of crimes in the area is not considered significant due to the high concentration of commercial uses within RD No. 39, and RD Nos. 38 and 43 are primarily residential. Red Robin (PA2002 -183) October 17, 2002 Page 4 of 6 3. Over Concentration. Due to the request for the on -site consumption there is a net increase of one license within RD No. 39. There is a total of 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 population within the census tract. However, as noted above, the area includes Fashion Island, which has a high number of eating and drinking establishments. The area is typified by full - service, sit -down restaurants that are complementary to the office, retail commercial and entertainment uses that predominate the Fashion Island area. As noted by the Police Department report, the requested on -sale alcohol license is not expected to generate additional crime problems in the area due to the nature of the business and its location within Fashion Island which provides security services. The concentration of alcoholic beverage licenses within the area is not considered by the Police Department as detrimental to the community. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were 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 62.5% for RD No. 38 and 48.4% for RD No. 43. (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. A small bar is located in the rear of the restaurant and consists of approximately 234 square feet and ten bar stools. The bar area represents approximately 3.4% of the total restaurant floor area, with over 96% of the total area devoted to dining. 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. In addition, the Irvine Company provides security for Fashion Island, will assist in deterring 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. h1 accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and has determined that no additional conditions related to design and security are necessary. Live Entertainment The applicant proposes no live entertainment and has stipulated in their submittal letter that recorded background music will be limited to indoor areas only. Red Robin (PA2002 -183) October 17, 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 a restaurant operation by design and the on -site consumption of alcoholic beverages in conjunction with a full- service restaurant use is generally expected and viewed as complementary to surrounding uses. 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. 1. The Commission could approve a modified project. The Commission would adopt the resolution with revised conditions identified at the meeting. Submitted by: Prepared by: PATRICIA L. TEMPLE WILLIAM CUNNINGHAM Planning Director Contract Planner / Exhibits Resolution No. 2002 -_; findings and conditions of approval 2. Letter and project description from applicant 3. Police Department report 4. Project plans Red Robin (PA2002 -183) October 17, 2002 Page 6 of 6 G, EXHIBIT 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -038 (PA2002 -183) FOR PROPERTY LOCATED AT 987 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 Red Robin International, Inc., with respect to property located at 987 Newport Center Drive and legally described as Parcel 6 of PM 221 -30, requesting approval of Use Permit No. 2002 -038 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 October 17, 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 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: 1. The proposed location of the alcoholic sales establishment needing this use permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The use permit pertains to the on -site consumption of alcoholic beverages in conjunction with a restaurant to be opened in a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. The applicant does not propose a use that would change the operational characteristics of the site that would result in additional parking demand. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, 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 City of Newport Beach Planning Commission Resolution No. Paee 2 of 5 uses within Fashion Island. Alcohol service is typical and expected by the public in a full- service restaurant setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. C. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County -wide data. d. The percentage of alcohol- related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. Minor on -site consumption is not expected to increase alcoholic related crime. e. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. 4. 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 -038, 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 17th DAY OF OCTOBER 2002. F.%=l NOES: BY: Steven Kiser, Chairman BY: Shant Agajanian, Secretary City of Newport Beach Planning Commission Resolution No. Page 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002-038 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated August 15, 2002. 2. Use Permit No. 2002 -038 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be cleared through the Building Department, and a second exit shall be provided in a manner and location that does not exit into the outdoor eating or waiting areas. Specifically, approval from the Orange County Health Department is required prior to permit issuance. A grease interceptor of adequate size is required in association with food preparation activities. 4. The outdoor dining area shall have adequate barriers as required by the California State Department of Alcoholic Beverage Control. 5. Hours of operation shall be from 11:00 AM to 11:00 PM, daily 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. Live entertainment shall be prohibited at all times, and any recorded background music shall be limited to indoor areas only. 8. That any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 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. City of Newport Beach Planning Commission Resolution No. _ Page 4 of 5 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. 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. 14. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 15. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 16. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 17. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 18. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. City of Newport Beach Planning Commission Resolution No. Page 5 of 5 19. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 20. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro ert 45dBA 6OdBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA EXHIBIT 2 APPLICANT'S LETTER Red Robin Restaurant Use Permit Application Addendum Part IV: Other Information and Materials Section B. Proiect Description and Justification Red Robin Restaurants are full- service restaurants. They offer gourmet burgers, fries and a variety of non - alcoholic and alcoholic beverages at a reasonable cost in a family- oriented environment. The proposed Red Robin Restaurant at Fashion Island will consist of approximately 6,790 square feet located on space formerly occupied by several smaller "fast food" style restaurants and will create a small patio space of approximately 740 square feet. The patio will have a 3' 10" tall, 94" wide barrier separating it from the common areas of Fashion Island and will be used to provide outdoor dining for Red Robin patrons. No live music will be played in the restaurant and no recorded or live music will be played in the patio area. Red Robin is concurrently applying for a Type 47 — Liquor License (On Sale — General Eating Place) for the Fashion Island location. A copy of the application is attached hereto. Red Robin strives diligently to adhere to the law applicable to the service of all alcoholic beverages. It is Red Robin's policy to card anyone who appears to be under 39'% and Red Robin requires all servers who serve alcoholic beverages to be trained in the responsible service of alcohol, including information on absorption rates, stages of alcohol consumption and responsible carding. Red Robin does not operate its bar other than in conjunction with full food service in the restaurant. The proposed Red Robin will seat approximately 222 people in the restaurant and 32 people on the patio and intends to operate from 11:00 a.m to 11:00 p.m. Monday through Sunday. EXHIBIT 3 POLICE DEPARTMENT REPORT NEWPORT BEACH POLICE DEPARTMENT 870 Santa Barbara. P.O. Box 7000. Newport Beach, CA 92658 -7000 BOB McDONELL Chief of Police September 26, 2002 TO: Bill Cuningham, Planner FROM:, CSO -Susan Seviane, Vice and Intelligence Unit s; SUBJECT: Red Robin Restaurant At your request, our office has examined the project review plan for the Red Robin Restaurant Project located at 987 Newport Center Dr., Newport Beach. This business will be approximately 6790 square feet and situated in a existing retail space converting several restaurants and taken over interior court space. It will be in the Fashion Island Planned Community and does not require a Conditional Use Permit. The restaurant will have a bar area with approximately 44 seats. The restaurant design includes an outdoor dining area with 28 seats. The interior dining areas have 186 seats and total seating for this restaurant is 258. A 3' 10" barrier will surround the patio areas allowing normal pedestrian access only from the restaurants interior. There will be no dancing. According to Nancy Grauman, the attorney representing Red Robin Restaurant, the applicant would like to open a. family dining restaurant with alcoholic beverage service available at the location. Per Ms. Grauman, 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 "Gourmet Burgers & Spirits" and will cater to local residents and visitors to the area. Ms. Nancy Grauman stated that the applicant would like to have pre- recorded background music both inside the restaurant and on the patio. Applicant History: "America's Gourmet Burgers and Spirits" was started in Seattle, Washington. Nearly 200 restaurants later, Red Robin is continually winning awards for the "Best Burger," "Best Family Restaurant ", etc. For Police services information refer to the attached report by Crime Analyst Paul Salenko. Siens: Ms. Grauman told me that their signs would be configured to comply with the City of Newport Beach sign requirements. Office of the Chief (949) 644 -3701 / Administration (949) 644 -3654 / Patrol- Traffic (949) 644- 3742 / Detectives (949) 644 -3790 Bill Cuningham, Planner Re: Red Robin Restaurant c Page 2 of 2 Hours of Operation: Ms. Grauman told me that the intended hours of operation are 11 a.m. to 11 p.m. daily. Preventive Design:_ The Police Department has no recommendations. Security: Ms. Grauman stated that they would have an alarm system. The Police Department has no objection to the operation as described by Ms.Grauman and will condition the ABC license upon approval by the city as necessary to maintain the health, safety and welfare of the community. CSO Susan Seviane Vice and' Intelligence Unit City of Newport Beach Police Department Memorandum September 24, 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 the Red Robin Restaurant at 987 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 thistime, 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 The number of active ABC licenses in this RD is 35 ** This reporting district had a total of 632 reported crimes as compared to a City wide reporting district average of 211 reported crimes. This reporting district is 421 crimes or 199.87% 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. Arrest Informati on 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 3.63 % 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) 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 38 and RD 43. As you know, RD 38 and RD 43 are primarily residential in nature and RD 39 is primarily commercial. Crimes RD 38 RD 43 Part 1 12 30 Part 2 31 43 Crime Rate 772.20 2,814.26 Arrests (DUI/Drunk) 5 15 All Arrests 8 31 Calls For Service 687 1,016 Number of active ABC licenses 1** 7 ** Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 75,645. *These numbers are from the 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 September 24, 2002 r i ®Ilya;, Ir �� Illlln - �. Y '4 . � 1 i!® II Flo III, I'll 1�1I, v �� /rql•�� JJ /t�% ulii�iiiio JtJ 1 >. � •day, ��.,,..a; N EXHIBIT 4 PROJECT PLANS 0 0 0 0 0 zz x n o�m aaa . ti q A10 O<u � gGGG D :> C> RED ROBIN Oa {PE• 9 k any FASHONISNNU P Y N I T IT "r ^°1 °N"'w NEWPORT MACH, CA N %¢S Iz. LIQUOR PLAN d� z z G1 D z 06 i� S i ip�'L orb y y� LA q °e ma v °+ mau q" b RED RO &N WNIONISLAND NEWPORT MACH. 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C a al 1 1 A 1 w1611E1 'sss� t16 tl a k�gy3 I @�,iglto Pt I d Kit gq> q6 igiE� €fii�t 1 a {6 > Ev ,E E I@I v @ t pill, JIM ! i i �j a B , a Eg�1E6SElEgEt61',i at1EE @ssEi6p Gil, 1 !I tiEEa a tE 1a@ 13 , , a 1 : , , 6 1 1 E g. ,I{ '�! @�II0I 11 p @1g i�His 16 I� ! i @ g s1E� p1�iE�°gi Ef �a I Egi t tt � 6 `! oleo ti gl :T p6i� W`� DDDD DDD° � RED ROBIN FISNIpN IiIPNO NEWPORT OEACN, CA EXTERIOR ELEVATIONS