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HomeMy WebLinkAboutPA2019-026 Operator License OPERATOR LICENSE POLICE DEPARTMENT 870 SANTA BARBARA DRIVE NEWPORT BEACH, CA 92660 (949) 644-3681 FAX (949) 644-3794 Application No. Operator License No. Owner/Applicant Location Name Mama’s NPB, LP Mama’s Comfort Food and Cocktails Site Address 2601 West Coast Highway Legal Description Lot H northwesterly 50 feet and southeasterly 1300 feet, Tract 919 On April 19, 2019, the Chief of Police approved the following: An operator license to allow Mama’s NPB, LP to operate a food service restaurant with late hours, a Type 47 (On Sale General Eating Place) ABC alcohol license, and outdoor dining. The restaurant will provide sit-down meal service. The allowed hours of operation are 8:30 a.m. to 11:30 p.m., daily. The building is 3,509 square feet in gross floor area, with 1,719 square feet of net public (seating and customer) area, which accommodates approximately 115 seats. The waiting area/outdoor patio is located outside of the main entrance facing the parking lot. Pursuant to NBMC 5.25, the operation as described required the owner/operator to obtain an Operator License through the City. REQUIRED FINDINGS The Chief of Police has made the following findings as required by NBMC 5.25.050 (Issuance of License-Criteria and Findings): 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: 1. Conditional Use Permit No. UP2011-001 (PA2011-005) was approved by the Planning Commission on June 9, 2011, to allow a restaurant to operate at this location. The proposed floor plan has been determined to be in substantial conformance to the floor plans approved by the conditional use permit. Mama’s Comfort Food and Cocktails April 18, 2019 Page 2 2. A food service restaurant with alcohol service is a permitted use in the Mixed-Use Water Related (MU-W1) zoning district through the approval of a conditional use permit. Finding: B. In the case of a business or enterprise offering “Entertainment,” as defined, the premises meets all of the criteria in Chapter 5.28.040.B.2-7. Facts in Support of Finding: 1. The proposed occupancy is less than 200 persons. The restaurant personnel located at the entrance will be responsible for patrolling the patio parking lot and the valet personnel on the property to control loitering, noise, elicit activity, and other objectionable conditions that may occur on the property. 2. The interior dining area and bar are situated towards the water side of the property, and there is no patio along the water that would allow sounds to carry across the Lido Channel. Conditional Use Permit No. UP2011-001 has been conditioned to require the exterior windows to be maintained in the closed position after 11:00 p.m., daily, to minimize the impact of noise to adjacent properties. 3. The proposed establishment is required to comply with the additional regulations per Section 5.28.041(Additional Regulations) of the Municipal Code. 4. Signage for the proposed establishment will be required to comply with provisions of Chapter 20.42 of the Newport Beach Municipal Code. 5. The entire interior portion of the viewing area where entertainment will occur is open and visible from aisles and public areas within the restaurant. 6. A manager will be present on-site at all times when entertainment is performed at the establishment. Live entertainment is limited to Saturdays and Sundays from 2:00 p.m. to 7:00 p.m. Finding: C. The proposed site plan and improvements are consistent with the use and the plan of operations. Facts in Support of Finding: 1. A restaurant has been operated in this location since 1968. The building has operated as an eating and drinking establishment in the past and demonstrated the location’s capability of operating as a compatible use with other land uses in the vicinity. Mama’s Comfort Food and Cocktails April 18, 2019 Page 3 2. The proposed floor plan accommodates 115 seats and the use permit approval accommodates 122 seats. 3. The windows of the dining area are required to be closed at 11:00 p.m. to limit noise on the water side of the restaurant. Finding: D. The plan of operations as proposed, with attached conditions in place, is adequate in light of the neighborhood in which the operation is located and supports the public health, safety, and welfare of the community. Facts in Support of Finding: 1. 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. 2. The business will be required to comply with the hours of operation as specified in the conditions of approval for the operator license. 3. The restaurant includes 12 parking spaces on-site at 2601 West Coast Highway. An additional 20 parking spaces are provided off-site at 2530 West Coast Highway, creating a total of 32 parking spaces to be used for restaurant guests. 4. 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 and to prevent parking queuing from spilling over onto West Coast Highway. 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. UP2011-001. 1. The restaurant hours of operation are limited to 8:30 a.m. to 11:30 p.m. daily. 2. All windows shall remain closed at all times after 11:00 p.m., daily. 3. There shall be no live entertainment allowed on the premises. 4. There shall be no dancing allowed on the premises. Mama’s Comfort Food and Cocktails April 18, 2019 Page 4 5. Conformance with the attached Parking Management Plan shall be required at all times. 6. A parking agreement, which guarantees the long term availability of the off-site parking facility for the use located at 2601 West Coast Highway, shall be recorded with the County Recorder’s Office. The agreement shall be recorded at 2530 West Coast Highway, which provides parking for 2601 West Coast Highway. The agreement shall be in a form approved by the City Attorney and Community Development Director. 7. All parking in conjunction with this use shall be confined to the parking lots over which the applicant, owner, or operator has written rights to park. If, in the opinion of the Community Development Director or City Traffic Engineer, the proposed use creates parking congestion at the site, the applicant shall immediately resolve the congestion problem by increasing valet attendants or through other means until the parking congestion is eliminated and parking is properly managed. Adequate valet personnel shall be provided to eliminate queuing onto West Coast Highway. The Community Development Director or City Traffic Engineer has the discretion to require the preparation and implementation of a revised Parking Management Plan. 8. The parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. 9. The valet plan shall be reviewed and approved by the City Traffic Engineer. 10. All delivery trucks shall be required to service the restaurant from on-site and shall be prohibited from loading/unloading on West Coast Highway. Deliveries shall be scheduled outside of the peak operating hours of the restaurant so that access to the side will not be blocked. 11. 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. 12. Delivery vehicles for food delivery service offered as part of the restaurant operation shall not park in the public right-of-way when not in use. The food delivery service loading and unloading shall occur on-site. The food delivery service shall be prohibited from loading and unloading within the West Coast Highway right-of-way. 13. No recreational vehicles, boats, or similar vehicles shall be stored at any time at the subject site. Mama’s Comfort Food and Cocktails April 18, 2019 Page 5 14. 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 within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. 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. 15. Full menu service shall be available for ordering at all times that the restaurant establishment is open for business. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 17. 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. 18. “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. 19. The use of private (enclosed) “VIP” rooms or any other temporary or permanent enclosures separate from public areas is prohibited. 20. The operator 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. 21. 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. 22. 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. 23. Strict adherence to the maximum occupancy limits is required. Mama’s Comfort Food and Cocktails April 18, 2019 Page 6 24. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 25. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 of the Newport Beach Municipal Code. 26. There shall be no exterior advertising or signs of any type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverage. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 27. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). 28. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. 29. No outside paging system shall be utilized in conjunction with this establishment. 30. 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. 31. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right- of-way. 32. 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. 33. 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 Department. 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). 34. 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. Mama’s Comfort Food and Cocktails April 18, 2019 Page 7 35. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, or involve the sale of alcoholic beverages, or include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 36. The boat slips shall be available at all times for exclusive use by the patrons of the establishment. The owner and operator shall be prohibited from renting or leasing the boat slips. 37. All employees shall obtain annual or master parking permits and shall park at the Mariners’ Mile lot on Avon Street. 38. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 39. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 40. The applicant must comply with all conditions of the Alcoholic Beverage Control License. 41. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 42. 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. 43. Operator License No. OL2019-003 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. 44. Should the property be sold or otherwise come under different ownership, a new Operator License shall be required. 45. 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, 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 Mama’s Mama’s Comfort Food and Cocktails April 18, 2019 Page 8 including, but not limited to, the OL2019-003 (PA2019-026) and Conditional Use Permit No. UP2011-001 (PA2011-005). 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; Mama’s Comfort Food and Cocktails April 18, 2019 Page 9 B. The applicant gave materially false, fraudulent or misleading information within the application; 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 in Section 5.25.050(C) and (D). By: Jon T. Lewis CHIEF OF POLICE Attachments: PD 1 Planning Commission Resolution No. 1844 approving Conditional Use Permit No. UP2011-001 PD 2 Security Plan PD 3 Parking Management Plan PD 4 Project Plans Attachment No. PD 1 Planning Commission Resolution No. 1844 approving Conditional Use Permit No. UP2011-001 Attachment No. PD 2 Security Plan Attachment No. PD 3 Parking Management Plan Attachment No. PD 4 Project Plans