HomeMy WebLinkAbout01-a_Additional_Materials_ReceivedMemorandum
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 NEWPORT BOULEVARD, BLDG. C
NEWPORT BEACH, CA 92658 -8915
(949) 644 -3237
To:
Brenda Wisneski, Zoning Administrator
From:
Gregg Ramirez, Senior Planner
Date:
August 15, 2012
Cc:
Makana Nova, Assistant Planner
Re:
ZA Public Hearing Agenda Item No. 1
Parkstone Kitchen + Taps (PA2012 -082)
The staff report for this item indicated that ZA Attachments 4 and 5 would be provided
prior to the hearing. Attached for your review are the following:
1. Attachment No. ZA 4 - Alcohol Related Statistics Memorandum. The
information provided does not result in any changes to the draft ZA resolution
for approval (Attachment No. ZA 1).
2. Attachment No. ZA 5 - Final Police Department Recommendation. Other than
the signatures on page 3, this final memo is identical to the draft included in
the staff report.
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NEWPORT BEACH POLICE DEPARTMENT
870 Santa Barbara, P.O. Box 7000, Newport Beach, CA 92658 -7000
C�IFOP�`'
MEMORANDUM
August 14, 2012
TO: Makana Nova, Assistant Planner
FROM: Caroline Staub, Senior Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Parkstone establishment at 5180
Birch St. This area encompasses our reporting district (RD) number 34 as well as part of Census Tract
626.10. This report reflects City of Newport Beach crime data for calendar year 2011, which is the
most current data available.
Calls for Service Information
City wide there were approximately 65,411 calls for police services during this time, of which 1,758
were in RD 34. A "call for service" is defined as any citizen contact of the police department 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, animal control calls,
etc.
Crime Information
There were 5,751 crimes reported to the Newport Beach Police Department during this period. Of
this total, 2,408 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide,
Forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny- Theft, Auto Theft and Arson) as
defined by the FBI in the Uniform Crime Reports. The remaining 3,343 reports were Part Two crimes.
The Part One crime rate for the entire city during this same period was 2,820.46 per 100,000 people.
The national Part One crime rate was 3,345.521 per 100,000 people.
This reporting district had a total of 245 reported crimes as compared to a city -wide reporting district
average of 152 reported crimes. This reporting district is 93 crimes over or 61% above the city -wide
reporting district average.
' Figures based on the 2010 Uniform Crime Reports, which is the most recent edition.
2 The Newport Beach population figure used for calculations is 85,376, as estimated by the CA Department of Finance.
ABC License Information
The number of active ABC licenses in this RD is 27, which equals a per capita ratio of one license for every
84 residents. This location is within an RD that is over the Orange County per capita average of ABC
licenses.3
Arrest Information
In 2011, there were 40 DUI and /or Drunkenness arrests in RD 34 and 1,304 DUI and /or Drunkenness
arrests for the entire city. This RD amounts to 4.87% 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 2009 had been drinking at the time of their arrest.
Additional Information
The Alcoholic Beverage Outlets ordinance states that the Planning Commission shall consider the
crime rate in the adjacent reporting districts. The adjacent reporting districts requested are RD 31
and RD 33.
Measure
Part 1 Crimes
RD 31
54
RD 33
108
Part 2 Crimes
29
65
Crime Rate
2,403.20
4,806.41
DUI and /or Drunk Arrests
3
17
Total Arrests
32
50
Calls For Service
664
776
Active ABC Licenses
1
6
Per capita license ratio
2,247
375
If you are in need of any further assistance, please feel free to contact me.
Sincerely,
Caroline Staub
Senior Crime Analyst
Newport Beach Police Department
(949) 644 -3791
cstaub@nbpd.ore
3 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 June 30, 2011 the Orange County average of active, retail ABC licenses was one license for every 518
residents. (5,839 licenses and a population of 3,018,963)
City of Newport Beach
Police Department
Memorandum
August 7, 2012
TO: Makana Nova, Assistant Planner
FROM: Detective Brian Haas
SUBJECT: Parkstone Kitchen & Taps, 5180 Birch Street, Newport Beach
UP2012 -014 (PA2012 -082).
At your request, the Police Department has reviewed the project application for
Parkstone Kitchen & Taps, to be located at 5180 Birch Street, Newport Beach.
The applicant is seeking a minor use permit to allow a Type 47 (On Sale
General- Eating Place) ABC license for a food service eating and drinking
establishment with no late hours. The project includes an outdoor dining patio
that was previously approved under Use Permit No. UP635. The establishment
will provide a maximum of 74 interior seats and 12 seats on the patio. The
proposed hours of operation are 6:00 a.m. to 11:00 p.m., daily.
The applicant will apply for a Type 47 (On Sale General — Eating Place) license
with the Department of Alcoholic Beverage Control. The license will be
conditioned appropriately to protect the health, safety and welfare of the
community.
Applicant History
The applicant, J.D. Gantes, currently operates other eating and drinking
establishments such as Ruby's Diner. Gantes wishes to turn an existing Burger
King fast food restaurant into the " Parkstone Kitchen & Taps ", which will be an
upscale eating and drinking establishment that will appeal to the business lunch
crowd.
Recommendations
The Police Department has no objection to the operation as described by the
applicant.
Signs and Displays
Any signs or displays would need to conform to City requirements. 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.
Parkstone
UP2012 -014
Hours of Operation
The proposed hours of operation are 6:00 a.m. to 11:00 p.m., daily.
Security
The Police Department has no recommendations.
Employee Training
Require all owners, managers, and employees 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
For the purposes of this application, staff may also want to consider establishing
conditions that would require a special event permit. A special event permit may
be required for any event or promotional activity outside the normal operational
characteristics of the proposed operation. For example, events likely to attract
large crowds, events for which an admission fee is charged, events that include
any form of contract promoters, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit Parkstone Kitchen & Taps 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. Full menu food service shall be available for ordering at all times that the
restaurant establishment is open for business.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. Food from the full service menu must be made available during any
"happy hour" type of reduced price alcoholic beverage promotion. There
shall be no reduced price alcoholic beverage promotion after 9 p.m.
5. VIP passes or other passes to enter the establishment, as well as door
charges, cover charges, or any other form of admission charge, including
minimum drink order or sale of drinks is prohibited.
6. The use of private (enclosed) "VIP" rooms or any other temporary or
permanent enclosures separate from public areas are prohibited.
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Parkstone
UP2012 -014
7. Petitioner shall not share any profits or pay any percentage or commission
to a promoter or any other person based upon monies collected as a door
charge, cover charge, or any other form of admission charge, including
minimum drink orders or the sale of drinks.
8. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. The licensee shall at all times
maintain records, which reflect separately the gross sales of food and the
gross sales of alcoholic beverages of the licensed business. These
records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
9. There shall be no on -site radio, television, video, film or other electronic
media broadcasts, including recordings to be broadcasted at a later time,
which include the service of alcoholic beverages, without first obtaining an
approved special event permit issued by the City of Newport Beach.
10. There shall be no live entertainment allowed on the premises.
11. There shall be no dancing allowed on the premises.
12. Strict adherence to maximum occupancy limits is required.
13. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted.
If you have any questions, please contact Detective Brian Haas at (949) 644-
3709.
/J
Brian Haas, Vice /ABC
Detective Division
9_K
Dale Johnson, Captain
Detective Division Commander
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