HomeMy WebLinkAbout20140630_OL_ActionPA2013-203
To: FILE: PA2013-203
Subject: Nesai Operators License
From: Thulin, John
Sent: Wednesday, July 02, 2014 10:35 AM
To: Nova, Makana
Subject: Fwd: Nesai Operators License
I sent the license to Jeff Hall at the below listed address at his request. Please let me know if
there are any additional locations or persons that your office identifies that need the license.
Thank you
John
Sent from my iPad
Begin forwarded message:
From: Jeffrey D Hall <jeff(achapteronetml.com>
Date: July 1, 2014 at 1:01:51 PM PDT
To: "Thulin, John" <jthulinnnbpd.org>
Subject: Re: Nesai Operators License
DETECTIVE
Thank you sir. We are excited to get this build out started! If you can send a copy
to the following address:
Retroactive Concepts
204 N Broadway STE Q
Santa Ana, CA 92701
Jeff Hall
Chapter One: the modern local
227 N. Broadway
Downtown Santa Ana, CA 92701
(714) 724-1031 cELL
(714) 352-2225 MAIN
(714) 352-2242 FAX
www.chanteronetml.com
On Jul 1, 2014, at 12:13 PM, Thulin, John <jthulin(knbpd.org> wrote:
Jeff
I
PA2013-203
Chief Johnson signed the Operator's License for Nesai. I sent a signed copy of the license to Planning
today. Please let me know where you would like me to send your copy.
Thank you and I look forward to working with you in the future.
John
Detective John Thulin #1145
Newport Beach Police Department
Special Investigations UnitNice & Intelligence
949-644-3709
jthulin&nbpd.org
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PA2013-203
PORT OPERATOR LICENSE APPROVAL LETTER
o �
V 2 POLICE DEPARTMENT
870 SANTA BARBARA DRIVE
c��o ¢NAP NEWPORT BEACH, CA 92660
(949) 644-3681 FAX (949) 644-3794
Application No. Operator License No. OL2013-004 (PA2013-203)
Owner/Applicant 217 Riverside Avenue Merchants
Location Name Nesai Operator License
Site Address 215 Riverside Avenue
Legal Description Lot D, Tract 919 including a portion of the abandoned street
adjacent
On June 30, 2014, the Chief of Police approved the following: An operator license to
allow 217 Riverside Avenue Merchants to operate a food service restaurant, Nesai, with
late hours, a Type 47 (On Sale General Eating Place) ABC alcohol license, and outdoor
dining. The restaurant also has a parking management program in place that includes
off -site parking at 2660 Avon Street, annual employee parking passes for use in the City
municipal parking lot (Mariners Mile Lot), and valet parking. Conditional Use Permit No.
UP2013-021 (PA2013-203) was approved by the City Council on June 24, 2014, to allow
renovation of the existing restaurant, late hours of operation, the addition of an outdoor
dining patio, and a parking management program. Due to the late hours of operation,
approval of an Operator's License by the Newport Beach Police Department is required.
REQUIRED FINDINGS
The Chief of Police has made the following findings as required by NBMC 5.25.050(B):
Finding:
A. The business or enterprise is located in a zone permitting the proposed use under
Title 20 of the NBMC, and is subject to such use permits as may be required.
Facts in Support of Finding:
The restaurant is authorized for alcohol service at 215 Riverside Avenue through
Conditional Use Permit No. UP2013-021 (PA2013-203). The proposed floor plan
has been determined to be in substantial conformance to the floor plans approved
by the conditional use permit.
2. A food service restaurant with alcohol service is a permitted use in the CG
(Commercial General) zoning district through the approval of a conditional use
permit.
PA2013-203
Nesai Operator License
June 30, 2014
Page 3
2. Restaurant personnel at the entrance will be responsible for regulating the loitering,
noise, elicit activity, and other objectionable conditions that may occur outside of
the restaurant.
3. The business will be required to comply with the hours of operation as specified in
the conditions of approval for the operator license.
4. The restaurant includes off -site parking located at 2660 Avon Street and the City
Municipal Parking lot at 200 Tustin Avenue.
5. The operator license has been conditioned to require the applicant to work diligently
with the City if any parking or circulation issues occur on -site. A valet parking plan is
required to ensure adequate parking circulation between the subject property and
the off -site lot at 2660 Avon Street.
CONDITIONS OF APPROVAL
In no case shall the conditions be inconsistent with, or less restrictive than, those
required by any applicable use permit. The following operational conditions are
reiterated from the Conditional Use Permit and the applicant shall comply with the
conditions of approval of Conditional Use Permit No. UP2013-021 (PA2013-203).
10. The hours of operation for the interior of the restaurant shall be limited between
5:00 p.m. to 11:00 p.m., Monday through Thursday, 5.00 p.m. to 12:00 midnight
Friday, 10:00 a.m. to 12:00 midnight Saturday, and 10:00 a.m. to 11:00 p.m.
Sunday.
11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00
p.m., Monday through Friday) which will include the chef's dining area and chef's
dining patio only (764 square feet of "Net Public Area" only).
12. Service on the outdoor dining patio shall end by 10:00 p.m., daily. The outdoor
dining patio shall be closed by 10:30p.m., daily.
15. The exterior windows and doors of the facility be closed after 10:00 p.m.
16. The height of the boundary wall of the accessory outdoor dining area shall be
marked on the approved plans. Fences, walls, or similar barriers shall serve only
to define the outdoor dining area and not constitute a permanent all weather
enclosure. The installation of roof coverings in addition to the proposed cedar
trellis shall not have the effect of creating a permanent enclosure. The use of any
other type of overhead covering shall be subject to review and approval by the
Community Development Director and may require an amendment to this permit.
PA2013-203
Nesai Operator License
June 30, 2014
Page 4
17. The existing parking lot shall be maintained with approved traffic markers or
painted white lines not less than four inches wide. All sixteen parking spaces on
the site shall be accessible and useable for vehicular parking at all times. A
directional sign shall be maintained designating that parking is available to the
rear of the building.
19. The subject property shall comply with the approved Parking Management Program
dated June 24, 2014, and any amendment to the Parking Management Program
shall be subject to the approval of the Community Development Director.
20. An off -site parking agreement, approved as to form by the City Attorney's Office,
shall be recorded prior to the issuance of building permits. The City, applicant,
and property owner of 2660 Avon Street shall be a party to the agreement. The
agreement shall guarantee that a minimum of six (6) parking spaces shall be
provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133)
for the duration of the restaurant use at 215 Riverside Avenue. In the event that
the use of the off-street automobile parking spaces provided for in the agreement
are lost for any reason, the applicant shall notify the Community Development
Director 30 days prior to the loss of the parking spaces. Upon notification that the
agreements for the required off -site parking has terminated, the Director shall
establish a reasonable time in which one of the following shall occur: (a)
Substitute parking is provided that is acceptable to the Director; (b) The size or
capacity of the use is reduced in proportion to the parking spaces lost; (c) The
applicant submits to the Director a new or amended Off -Site Parking Agreement,
giving the applicant the use of at least the same number of parking spaces.
21. Restaurant employees shall park their automobiles in the "Mariners Mile" municipal
lot. The applicant or operator of the facility shall purchase parking permits for ten
employees on an annual basis for the Mariners Mile Lot, and shall direct employees
to park in said parking lot.
22. Valet operations shall not impact the public right-of-way. Vehicle staging, drop off
and pick-up shall occur on -site only and the valet pick-up and delivery station
shall not be located in the public -right-of-way.
25. 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.
26, All lighting shall conform to the standards of Section 20.30.070 (Outdoor
Lighting). The Community Development Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
PA2013-203
Nesai Operator License
June 30, 2014
Page 5
27. The operator of the facility shall be responsible for the control of noise generated by
the subject facility including, but not limited to, noise generated by patrons, food
service operations, and mechanical equipment. All noise generated by the
proposed use shall comply with the provisions of Chapter 10.26 and other
applicable noise control requirements of the Newport Beach Municipal Code. Pre-
recorded music may be played in the tenant space, provided exterior noise levels
outlined below are not exceeded. The noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 (Community Noise Control) of the
Newport Beach Municipal Code.
28. That no outdoor sound system, loudspeakers, or paging system shall be
permitted in conjunction with the restaurant facility.
32. All lighting shall conform to the standards of Section 20.48.140 (Outdoor Storage,
Display, and Activities). Storage outside of the building in the front or at the rear
of the property shall be prohibited, with the exception of the required trash
container enclosure.
33. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view
of neighboring properties, except when placed for pick-up by refuse collection
agencies. The trash enclosure shall have a decorative solid roof for aesthetic and
screening purposes, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
34. The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self-
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14, including
all future amendments (including Water Quality related requirements).
35. Trash receptacles for patrons shall be conveniently located inside of the
establishment. The exterior of the business 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.
36. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10.00 p.m. and 8.00 a.m., daily, unless otherwise approved by the
Community Development Director, and may require an amendment to this Use
Permit.
37. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance within the facility, adjacent
properties, or surrounding public areas, sidewalks, or parking lots of the restaurant,
PA2013-203
Nesai Operator License
June 30, 2014
Page 6
during business hours, if directly related to the patrons of the establishment
surrounding residents.
41. The approval is only for the establishment of an eating and drinking establishment
as defined by Title 20 of the Municipal Code, with the principal purpose for the sale
or service of food and beverages with sale and service of alcoholic beverages
incidental to the food use.
42. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction
with the service of food as the principal use of the facility. 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.
45. Approval does not permit the premises to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Newport Beach Municipal Code.
46. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
47. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
48. The operator of the establishment 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.
49. 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.
50. There shall be no on -site radio, televisions, 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.
51. There shall be no live entertainment or dancing allowed on the premises.
52. Strict adherence to maximum occupancy limits is required.
53. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or
PA2013-203
Nesai Operator License
June 30, 2014
Page 7
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.
54. Any event or activity staged by an outside promoter or entity, where the
applicant, operator, 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 is prohibited.
55. 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.
The Chief of Police has attached additional conditions and requirements to the license
as necessary in order to make the foregoing findings. In no case shall the conditions be
inconsistent with, or less restrictive than, those required by any applicable use permit.
1. The business shall comply with Title 20 (Zoning Code) and any other applicable
provisions of the Newport Beach Municipal Code.
2. This Operator License may be modified or revoked by the Chief of Police 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.
3. Operator License No. OL2013-004 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code (NBMC), unless an extension is otherwise granted.
4. Should the property be sold or otherwise come under different ownership, a new
Operator License shall be required.
5. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
PA2013-203
Nesai Operator License
June 30, 2014
Page 8
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of Nesai
including, but not limited to, the Operator License No. OL2013-004 and
Conditional Use Permit No, UP2013-021 (PA2013-203). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs
of suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages, which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant
to the indemnification requirements prescribed in this condition.
OPERATOR LICENSE NONTRANSFERABLE
No operator license issued pursuant to this chapter shall be sold, transferred, or assigned
by any license holder, or by operation of law, to any other person, group, partnership,
corporation or any other entity, and any such sale, transfer or assignment, or attempted
sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such
license, and such license shall be, thereafter, null and void. A license held by an
individual in a corporation or partnership is subject to the same rules of transferability as
contained above. License shall be valid only for the exact location specified in the license.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights -of -way and waterways) including
the applicant and posted on the subject property at least 21 days prior to the decision
date, consistent with the provisions of the Municipal Code.
APPEAL PERIOD
The determination of the Chief of Police to deny or to place conditions upon the approval
of an operator license shall be appealable by the applicant or any interested party. Such
appeal shall be made in writing to the City Manager, within fifteen (15) days of the
postmark date of the Chief of Police's notice of decision. For additional information on
filing an appeal, contact the Planning Department at 949 644-3200.
REVOCATION, SUSPENSION OR MODIFICATION OF LICENSE FOR CAUSE
The Chief of Police may commence a process to revoke, suspend or modify an operator
license issued under the provisions of this chapter should there be reasonable suspicion
of any of the following:
A. The licensee has ceased to meet the requirements for issuance of license,
B. The applicant gave materially false, fraudulent or misleading information within the
application;
PA2013-203
Nesai Operator License
June 30, 2014
Page 9
C. Impacts emanating from the establishment for which the license was issued has
substantially interfered with the peace and quiet of the neighborhood;
D. The licensed business or activity has operated in violation of any of the requirements
of this chapter, the license as issued, or any condition thereof. The Chief of Police shall
notify the operator of the commencement of such revocation, suspension or modification
process and shall conduct an investigation to determine if, and to what degree, one or
more of the foregoing has occurred. Upon completion of the investigation, the Chief of
Police may add, delete or modify the license conditions. The Chief of Police shall notify
the applicant regarding the determination of the operator license, on the outcome of the
investigation, and the action taken. The applicant or any interested party may appeal a
determination or an added or modified condition of approval to City Manager in the
manner set forth i ction 525.050(C) and (D).
By:
J R.Johnson
CHIEF OF POLICE
Attachments:
PD 1 Planning Commission Resolution approving Conditional Use Permit No. UP2013-
021 (PA2013-203)
PD 2 Project Description and Narrative Justification
PD 3 Project Plans
PA2013-203
CONDITIONAL USE PERMIT # UP2013-021
OPERATORS LICENSE # OL2013-004
PROPERTY ADDRESS:
215 RIVERSIDE AVENUE
OUTSTANDING ITEMS FOR PLANNING
DEPARTMENT FILING
5.25.050 Issuance of License Criteria and Findings
C.
1. This is an existing Bona Fide Restaurant property that Is Commercially
Zoned and is Conditioned for a 47 Liquor License, which is still currently
operating. This property has been operating as such since 1986 and became a
restaurant in 1974. Police reporting show that calls for service and issues
resulting from this location operating as a restaurant have proven not to be a
nuisance in the area.
2. No Entertainment will be offered
3. The CUP will be adhered to
4. We currently have a dialogue and positive relationship with all
immediate neighbors, including the willingness of some to show support in our
proposed Restaurant Remodel and Rebrand in the form of a letters and
physical support at Public Hearings.
20.40.110 Adjustments to Off -Street Parking
C.
1. - 5. There are currently 19 parking spaces on property. The upstairs
tenants consists of offices which operate during standard 9AM — 5PM hours,
Monday - Friday. The City Assessment, shows the need for roughly 37 parking
spaces for the currently proposed floor plan (plan may offer less outdoor
dining space and less possible interior space for patrons as building documents
are produced). This shortfall shall be mitigated in various ways.
Employees will be required to purchase an Annual Pass at the Municipal
200 Tustin Ave Parking Lot. There are 10 metered spots directly in front of the
property and 127 directly across Avon Street {small side street, not a major
PA2013-203
thoroughfare) which contains various businesses that do not operate during
restaurant hours and are focused on afternoon retail and the Cest Ci Bon
Bakery, the largest tenant, which is only open for breakfast and lunch. There is
parking lot directly across Riverside Ave., (206 N Rvierside) which is also an
office complex with 15 spaces and there is open street parking up Riverside,
which start directly behind the property which has 30 parking spaces available.
These have been observed to almost solely provide parking for BMW
Technicians that work at the BMW dealership one block north of the property.
By 5PM, the spaces are vacated as most of their employees go home at that
time. A valet plan is being formulated if needed, but we would like to try to
keep the property approachable and more causal if we can.
20.52.020 Conditional Use Permits and Minor Use Permits
F.
1. We are staying consistent with the property's current approved
conditions, with some minor allowances. The "Mariner's Mile Plan" for this
area is focused on actively finding boutique sidewalk cafes and dining
establishments to increase foot traffic to the area, plus we are even in -line with
the "Nautical Inspired" exterior theme.
2. This is the existing location that we are simply continuing the current
use.
3. Maintaining similar approved Design
4. No emergency access or Public Services are to be blocked. We are
keeping with existing footprint of current operation.
5. This TI will provide a positive improvement to the city. It is providing
much needed attention in a remodel to a build out that has not been updated
or maintained in a decade. As operators, we are very experienced and have
exceptional and responsible ownership records for our existing restaurant and
previous restaurant concepts, like Haven Gastropub, Chapter One: the modern
local & the C4 Deli: the Cure for the Common. We are simply taking the
existing use and upgrading and updating the property and providing fresh
operators that have created award -winning concepts. This provides jobs to the
area in the form of added staff and construction temporary employment
DAY TIME REQUEST
- This is only for Saturday and Sunday. The property is allowed a limited
amount of lunchtime use currently, but we believe that the parking
requirements would be fulfilled with the street parking (30 spaces) up Riverside
Ave., the 10 City spaces in front of the property as well as the public parking
lots in the area. We believe that this is vital to our success based on the
popularity of "Brunches" in the city of Newport, thus keeping us up with at
PA2013-203
least a level playing field for competitiveness. We pay a premium to be close
to the ocean and we feel that the ability to capitalize on this on these weekend
afternoons will provide needed income to keep the business operating.
MAXIUM EMPLOYEES
- We will have an estimated maximum of 10 employees on at any given time.
They will be required to purchase Annual Parking Passes at the Municipal
Parking Lot located at 200 Tustin Ave
PATIO HOURS
- What we are proposing is not as much a patio, but an extension to our
interior dining area. We are creating an outdoor enclosed dining area, which
will provide a way to encourage people to stay within in the establishment and
keep volume down for surrounding neighbors. The property is also very
narrow and the outdoor enclosed dining area helps provide needed seating
need to be solvent, but more importantly, as mentioned, it discourages,
patrons waiting for a cab or a table or someone talking on the phone, from
going outside of the enclosure to talk or make noise. We are requesting that
we could keep this area of the restaurant open with concurrent hours to ensure
that we have the best possible tools available to be a responsible neighbor and
keep volume down outside of our establishment. We can suggest a type of
probation if needed to proven that this is a better solution for the city, instead
of restricting the access to this area of the restaurant.
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