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Home My WebLink AboutPA2001-025 4c) C.owe L bo- ]"]U 'A vI- MANAGENWr I LEA$tNG OFFICE 5"via,utAUxty,surrE 104,INK"PORT RFAC,'H.CA 926b5-M•,90)6754662•FAX(949)5'3851? July 2,2001 Patty Temple FAX Mail Only 044 3229 City of Newport Deatch 3300 Newport Blvd. Newport Beach,CA, Subjoct: Wine Store Parking/Lido Marina Valage Dear Ms. Temple: On April 6,2001 at a mooting in my office with Mr.Jinn Campbell,Senior Plam w with div City of Newport Beach, Mr,Goodman(tenant at Lido)and myedf,one iaaue discussed ww piaikltly for tho Winc Store located at 3400 Via Lido(not a tenant at Lido). Mr.Ca mpblsN ptWuLvd a Iottor/propoaell from California rWking Gervice to Chris OverWeeit ateliEng Elias.VdiMtig apuc:turee would make available 22 parking spaces at ail times in the Lido parking atruclule. l 11Ifu4rllwj Mt. Campbell that Califomia Parking Servioe a tenant et Lido Marina Village dace old 1mve null Jul ity to enter into any parking agroornonte. The parking garage tarient w=notied by Lido Mwkw to Immediately wbthdraw its proposal or roccind any agreement which provided parking In the Lido Marina Village perking structure. In a meeting with Jim Campbell Juno 20,2001 rogarding parking for the Wine£tore I was advised the City planning department hod approved tho Wine Store with a condition that 21 Parking spaces be available for their uno in tho Lido Marina Vil fte parking structure and a written parking agreement botwean Udo Martina Village and tho Wino Stop:was necessary for them to open. I explained to Mr.Campbell that Lido Marine Village dose not ontor Into any parking agreement with non tenanted. If you wish td_ass this with me further, I am available at any time. Since y, Prnpprty Manage Frx+ Letter/Proposal Cal Parking to Overstreet dated 3/20/01 1 etter to Cal Parking from Lido dated 4/16/01 Cc: R.Berger G. Friedman J. Campbell(City Newport Beach) California Parking File Id RRZ:OT TOM Ze 'inl 4TSM496V6 'ON )(lid : WMU a �ei V-1301 w0:07AM Pa r 3434 VIA LIDO SUiT.E# IUU - :v$iYi'Ui;'!"B.isAC(i,C:A 92663 (323,690-ti14' (949"67$-27% P2'j) 890-0117 CA,L-IF : - :. PAPU�MqG -SERVICES, INC. Chris Overstroet Qveratreets 3400 Via T.ido Newport Beach,CA 92663 Dear Cluis; t Bgiuyzd rneedng,%!ih you last month regardmg the parkckng ope.atiori of vour new store. Thank you for irvitfng Caiifo,-ma p2rki.7g Services,Inc.to submit a prQpesa? for both mjnaging=a opc:at n&vamEt servie.s as weft as aroviding parking spacer in tue Lido garage. PraDj2saj Self Parkinq Cafi&='a Parma SOrviceS, Xtia,proposes to provide Ovcrstrcets tivith twenty-two (22)parking spaces at aU times at rho Lido Parking GamSe located rt 3434 Via Lido in X-&a-,Port Beach for S1,500,00 per momh C=e Ck erstreats is ready to open,California Parking Sel-1cm,Inc. will work pat the 10-9i.stics of the operation. In other words,we hill decide*,he type of validation to be used, whether it will be kcycrrda,restaeraw atamips,ut-dny other Pane==cf validation, "S�RYICEIS[��R.fL7B" . Ed WU2Z:0T TOW cL Inf LTS82L96b6 'ON XUA : WMJJ Y� :sParking California Parking Services,inc. proposes to p2rkh-19$000--ding to Inc schedule below: !�undav thrbugh Thursday One Pari�-i,�g:�ttendarlt 6:40 P.M.To 11:00 Y.,Nt Friday6 Sul Saturdays Two P kizg Anerdat s 6:00 P.M,to 11:00 P.m. There will be a valet Parking ohastse of S3.CQ!rjr O-;erstrects Customers with 2 validation limit of ttvo hours. A?i others not patronizing Ch.-erstraets Rill be chatg� SQ.00 for valet senicc. C'e"fo_*n:s Parting Serviaa:,,inc. Fmpores to provide Lhe valei se Nice for a Ilat fee of$2,500.00 permon:h. Califonia Park-mg Sez'+rlces,Inc, *M provide all zYecessar;signage as well as hay additional equipment to rnake the villct opal uEi4un as a Tcient and as smooth as powble. Califdmia Par" 5enices,Dic.will haVc inszmme coveragc. A rxrdficate of insurance will be iwued uponrrcuest u;ise::L agrermetz has been reached, P)cacn w+ricw the abOVQ gUotes. Should I bavojz dvcdently omitted,any details,or if you have;l y questions or.codifications re;ardirg this proposal, I am cor%.fident that we can olarifv all point!,to yoty aabenrtiull. We are locking forward zo,ha ima the opportunity to service your establishment_ �Incerely, Younes Bmnatli. Vice President 2d wuzE:oT Toot zo 'Inf LTG82L96t,6 : 'Ohl XUA WONd • 7� on 0 Fit + AA Ate M Tef¢mAT!llrkl`�'f...t\\�tlr!07►T UA4,4.CALIFOR-4IA BLANAGUMENT t zv 0FRa 3400 VIA OPORTO,SJITF 104,NFWPORT IWACH,CA 9:663.6302. (9491675•3662•FAX(9")673.8517 ripril 1.6, 2001 Abbey Shilieh &'AX Mail Only California Parking Service (32311890 0117 :3434 Via Lido Newport Beach, CA. Subject: Wine Shop Dear Mr. Shilloh: Krc:ttr%Lly I received a copy of a letter prepared by Younes Bornani, of California Parking Service and directed to Chris Overstreet regarding parking. When Ms. Overstreet approached me about parking the reque$L wd`S EuL VdlwL WW1ViL;4d CA11d Urlly d suggested sho contact your cffi.ce. The proposal you presented provided 22 parking spaces eLt all times at the Lido barking Garage at 3434 Via TJ.do". One of the conditions issued by they City of Newport Beach when tho use permit was granted is "no reserved parking" . when you promised 22 pa,ki.ng spaces to overst_eet UUs was d direct violation of the conditional use permit- and your agreement with Lido Marina Village. You must irumediately withdraw your Proposal or rescind any agreemenL which provides reserved parking. You mu3t immediatel,,v provide Lido Marina Village with written evil Li al you: have done this. Sin rely/ Don L rsoll Property Manager Cc: R. Perger bd WHVZ:OT TOW 2:0 'Inf LTS'8£L96V6 'ON Xdd WMH r r , �Z=LLkNAA�t GE, 7X'!'I I C.k'ATTlq`KS I\i' .{\VY(V�'?'i 7K"'H},•1S.f 1,::U111 W N G1 MANAGEMENT f U-AJiNG arFrCE ?ri(1()�fA()i'{)1t"'(3 ti1`i'"t 1!':i 1F.\\'i>()R'I':Sf^(H,C!\92(q)7 -67 02•(9-0)67,S(i()Z e f':1X(949)67.3,4527 July 2, 2001 Patty Temple FAX Meil Only 644 3229 City of Newport Beach :3300 Newport Blvd. Newport Beach, CA. Subject; Wane Store P 3rkingtLido Marina Village Gear Ms. Temple; On April 5, 2001 at a meeting n my office with Mr. Jim Campbell, Senior Planncr with the City of Newport beach, Mr. C,00dma* (tenant at Lido)and myself, onp issue discussed way perking for the Wine store located at 34C)Via Lido (not a tenant at Lido) Mr. Campbell produccd e letterrproposal rrorn :;alPfomic Parking Service to Chris Overstreet stating the parking structure would make available 22 park rig spaces at all times in the Lidn parking structurc. I informed Mr. Campbell that C.alltomia Park tg Service a tenant at Lido Marina Village does not have authority to enter into any parking agre:=ments. The parking garage tenant was notified by Lidc Marina to Marina VI la withdraw its pros,;:e. or rescind an.V agreement which provided parking in the LiU� Marina Village parking structc�e. In a rneetrig With JI Tt C;.ampbc 7 June 29, 2001 regarding parking fnr the Wine Store 1 W83 advised the City planning depl rtment had approved the Wine Store with a condition that 21 parking spaces be available ft-their use in the Lido Marina Village parkinr3 structure and a written Parking agreement between L do Marina Village and the'Nine Store was necessary for,hem to aped, i explained to Mr. Ceram; bell that Lido Marina Village does not enter into any parking agreenienk with non tenants. If you wish to'clisuuss this'vvitr,, me further, I am available at any time. Sincer(bly, . �?utli a Ldr5 R /�'" :: '�•� r Pi uPei ty Manage Pnoi. Letter/Proposal Cal P::'k;ng to Overstreet dated 3120101 Leta;, tv Cal Parking i"cm Lido dated 4116/01 Cc. R. Dercger G. f riedmair L Jr-Campbell(City New )ui t Bedutl) California Barking File Sd WdtZ:8i TOW E0 'int LTS82L96V6 : 'ON Xb3 W08A City of Newport Beach Planning Department Memorandum To: File UP 2001-005 (PA2001-025 3400 Via Lido From: James Campbell, Senior Plann r We: July 16, 2001 Re: Off-site parking agreement Condition #18 requires 21 parking spaces in the Lido Marina Village parking garage. This requirement is satisfied pursuant to the 1975 off-site parking agreement that relies upon the 1973 parking agreement further modified by the 1987 assignment of parking agreement. The assignment of parking provides the site 4 spaces for exclusive use and 33 spaces on a non-exclusive basis. The agreement expires on 12/31/2008. A replacement parking arrangement will be required at that time. If one is not forthcoming, UP2001-005 will require an amendment or the use must cease. Mr. and Mrs. Overstreet have been fully advised of this issue. ��WPORT CITY OF NEWPORT BEACH FAppeal ing Date: Apri15, 2001 o PLANNING DEPARTMENT nda Item: 5 i 3300 NEWPORT BOULEVARD f Person: James Campbell NEWPORT BEACH,CA 92658 (949) 644-3210 (949)644-3200;FAX(949)644-3250 Period: 14 days REPORT TO THE PLANNING COMMISSION FILE COPY Project: The Wine Merchant(Dennis & Chris Overstreet,applicant) 3400 Via Lido Purpose of Application: A Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in conjunction with a fine wine retail establishment. The applicant also proposes to conduct periodic on-site wine tasting seminars in the evenings for approximately 30 people with a Type 42 alcohol license. The project requires the consideration of a parking waiver. Recommended Action: Hold a public hearing and approve,modify or deny PA 2001-025(UP 2001-005) General Plan: Retail and Service Commercial Zone: RSC (Retail and Service Commercial) Legal Description: Lot 2 of Tract 1235 Owner: Dennis & Chris Overstreet,Newport Beach Introduction The applicant requests to establish a fine wine retail establishment with accessory wine tasting and food preparation. In addition, the applicant proposes to conduct periodic seminars with up to 30 people in wine etiquette, wine tasting and fine wine in general. The project will be operated in two distinct areas of an existing retail/office building located at the northwest corner of Via Lido and Via Oporto adjacent to the Lido Marina Village area. The retail aspect of the project requires a Type 21 (off-site general) alcoholic beverage license and the wine tasting aspect of the project requires a Type 42 (on-sale beer and wine). The applicant's project description narrative is attached as Exhibit No. 1 and plans are attached as Exhibit No 5. Vicinity Map w 9 Lei ... Vi • ,•• ,. ` x K { �Cb M O ;1r A tO ION � Sl.l 11400 p 460 �*. Project Site va _ ry PA2001-025 (U P2001-005) The Wine Merchant Subject Property and Surrounding Land Uses Current Development: Retail facility within a commercially zoned block, that includes retail and office To the north: Commercially zoned block that includes retail, office and restaurants within Lido Marina Village. To the east: Commercially zoned block that includes retail, office and restaurants within Lido Marina Village. To the south: Commercially zoned block that includes retail, office, movie theater and restaurants within Via Lido Plaza Shopping Center. To the west: Commercially zoned block that includes retail and office uses PA 2001-025(UP2001-005) April 5,2001 Page 2 211 ! ! Proiect Description The retail portion of the operation will occupy 1,328 square feet of the existing building, and is depicted on the attached plans as "Unit A". Tenant improvements are generally limited to sales counters and display areas. The wine tasting and wine educational aspect of the project will occupy 1,263 square feet of the existing building, and is depicted on the attached plans as "Unit B". The improvements to this area include a small residential style kitchen, tasting bar with 5 seats, display and storage areas, a cashier area and three distinct seating areas that resemble living rooms. These living room environments will seat 24 people and the total seating based upon the proposed floor plan is 29 seats. The proposed hours of operation are 10:00AM to 7:OOPM daily for the retail portion of the project and 1:OOPM to 11:OOPM daily for the wine tasting and wine educational activities. The applicant requests a Type 21 (off-sale general) license as they offer fine distilled spirits in addition to wine products. The Type 42 (on-site beer and wine) license permits on-site consumption of beer and wine only and is not associated with a restaurant. Analysis Conformance with the General Plan and the Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for 'Retail Service Commercial" uses. The allowable floor area ratio for the Lido Village area is 0.5l0.75 FAR. Staff believes that the primary use of the facility is retail sales with accessory wine tasting and educational seminars. Retail sales are a permitted within the Retail Service Commercial designation. The facility is located in the Coastal Zone and staff believes the proposed project does not intensify the existing retail. Therefore, staff has determined that Coastal Commission approval is not required prior to implementation of this use permit. The project site is presently developed with a 2,591 square foot building on a 3,095 square foot lot which results in a 0.83 FAR. The building is considered legal, nonconforming and the project does not include any increase in floor area, therefore, the project can be found in compliance with the General Plan and Local Coastal Program. Zoning Ordinance Staff believes that the use is best classified as retail sales of food and beverages. Food consumption and on-site consumption of alcohol with the wine tasting operation is accessory to the retail use. The retail sales will consist of alcohol products, gourmet food and gift baskets. The primary purpose of the wine tasting and wine educational activities is to promote wine sales. The application requests that these activities be permitted 7 days a week which would provide flexibility in scheduling. The applicant indicates that seminars would occur as many as 2 to 3 times per week during the summer, primarily on weekend evenings, and infrequently during the winter months. Staff believes that the wine tasting and periodic wine educational seminars are accessory and complementary to the proposed retail use. These operational characteristics lead staff to conclude that the overall use of the site should not be classified as an eating and drinking establishment as PA 2001-025(UP2001-005) April 5,2001 Page 3 L • M - J this use classification is reserved for uses, such as restaurants and bars, that are in the business of providing food and beverage, whether for on-site or off-site consumption as a primary use. Required Off-Street Parkin The project site presently provides no off-street parking and is considered legal, nonconforming. Although staff considers the use predominately as a retail use, and therefore eligible to take advantage of the legal, nonconforming parking requirement,the educational seminars can create an increased parking demand beyond a typical retail use. Clubs, lodges and assembly uses require parking based upon the number of seats (1 space per 3 seats). The parking requirement for educational facilities are unspecified but are determined through a Use Permit. Staff believes that the proposed use has similar parking demand characteristics to assembly uses, but additional parking should be considered for employees. The proposed floor plan has seating for 29 persons and employees range from 2-6 persons. Using the 1 space per three seats and 1 space for each employee, a total of 16 spaces for the wine tasting/education portion of the use (29 seats/3 seats = 9.67 + 6 employees = 15.67 - 16 spaces) would be required. Since this operation occurs simultaneously with the retail use between 1PM and 7PM, the peak demand could reach the sum total of the retail demand and the wine tasting/educational demand. The retail establishment occupies 1,328 sq. ft. and using a standard retail parking rate of 1 space per 250 sq. ft., 6 spaces would result (1,328/250 = 5.31 — 6 spaces). Since the employees would serve both uses and are included in each sub calculation, a reduction of one parking space might be appropriate. Therefore, the worst case demand may be 21 spaces when both uses operate. Staff suggests that this minimum number as spaces be established as the required parking for this unusual use. The site has access to 4 free parking spaces at all times within the Lido Marina Village parking garage pursuant to a 1974 off-site parking agreement. This agreement also provides access to 33 additional non-exclusive spaces for self parking as needed. The agreement terminates in December of 2008. Staff received a proposal from California Parking Services, the operator of the Lido Marina Village parking garage, to the applicant on March 27, 2001. The proposal outlines a new off-site parking arrangement with the operator of the garage. The applicant and operator of garage are proposing to provide 22 self parking spaces in the garage at all times at a cost to the applicant of $1,500 per month. In addition, the applicant proposes to have valet parking services from 6PM to 11PM daily with two attendants Friday and Saturday and one attendant Sunday through Thursday. A $3 fee valet service will be charged to the applicant's customers with a validation limit of two hours. The proposal between the California Parking Services the applicant appears to be a month to month arrangement. A formal agreement will need to be executed between Lido Marina Village and the applicant as the parking service does not have the authority to enter to an agreement according to the management company. In order to approve the proposed use, a parking waiver must be considered as the proposed off-site parking arrangement does not meet the criteria for an off-site parking agreement set forth in Section 20.66.080 as the parking arrangement involves the parking service and not the property owner. - Section 20.66.100 establishes the procedure and findings for consideration of a parking waiver. The one of the following findings must be made in order to approve the proposed alcoholic beverage outlet. PA 2001-025(UP2001-005) April 5,2001 Page 4 r r 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. The closest municipal parking lot is located at the corner of Villa Way and 30th street and is not located in close proximity as to be useful to the project. 2. The site is subject to two or more uses and the maximum parking requirements far such uses do not occur simultaneously. The site does have more than one use, but the other two uses operate at similar hours of operation, and therefore this finding cannot be made. The use will rely upon the Lido Marina Village parking garage which does have a variety of mixed-uses that operate at different hours. Most non-food uses typically close by 6PM and the applicants use of the garage after this time for educational seminars should not create a conflict. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100(B). The applicant's off-site parking arrangement and valet parking proposal can be considered as a parking management plan and can be used to make this finding for approval of the parking waiver. The characteristics of the parking management plan are discussed above and as noted, it does not secure parking for the long term. 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand. In order to make this finding, the commission will need to find that the parking demand will be no more than a typical retail parking demand for the same space due to the legal, nonconforming status of the parking. Previously, staff identified a potential peak parking demand of 16 spaces for the educational component of the use. The 1,268 square foot space would require 6 spaces at the typical retail parking ratio (1,263/250=5.052 - 6 spaces). It is not likely that 35 people (29 patrons and 6 employees) will generate a parking demand no greater than 6 spaces. Therefore, this finding cannot be made. The latest parking survey prepared in 1998 for the Lido Marina Village parking garage puts it well over allocated during the evening and under utilized during the day. The parking analysis for the garage is attached as Exhibit No. 2. This parking survey is out-dated as the Thunderbird and the Buzz are presently closed, with only the Buzz potentially eligible to re-open. Recent inquiries have --- been made regarding the conversion of the space formerly occupied by the Thunderbird restaurant to office use. What impact that would have on the availability of parking will require additional review by staff when the specifics of the proposal are known. Staff contacted California Parking PA 2001-025(UP2001-005) April 5,2001 Page 5 0 r T Service requesting data on the actual usage of the lot, but as of the writing of this report, no hard data is available on the actual usage of the garage over time. Staff has recently observed the garage and believes that the garage has sufficient unused capacity at this time to serve the project. If the former Thunderbird and Buzz were to reopen, evening parking availability may be impacted. According to Lido Marina Village management, the parking structure only gets full during special community events like the Christmas Boat Parade. Alcoholic Beverage Ordinance The use involves the sale and consumption of alcohol, and therefore, a Use Permit is required that is subject to the provisions of the Alcoholic Beverage Outlet ordinance as set forth in Chapter 20.89 of the Municipal Code. On June 8, 1998, the City Council adopted Chapter 20.89 of the Municipal Code, the Alcoholic Beverage Outlet (ABO) Ordinance. The purpose of the 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 retail outlets. Chapter 20.89 is intended to prevent alcohol- related problems. The chapter provides a set of additional tools to help reduce the costly and harmful effects of irresponsible alcohol sales and consumption on local businesses, residents, law enforcement, and various other resources. The ABO Ordinance requires a Use Permit for all new alcoholic beverage outlets and revisions to existing licenses and requires that the Planning Commission consider the following factors when reviewing a request for a use permit: 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. The following charts provide 1998 data related to factors 2, 3 and 4. Maps showing the census tracts and Police Reporting districts with the project site highlighted are attached as Exhibit C. License Concentration Census Tract Projected Based on No.635.00 Orange Count average 1990Population: 6,182 nr:a,` rr ABC Licenses: Total licenses 59 7 (1 per 104 persons) (1 per 893 persons) PA 2001-025(UP2001-005) April 5,2001 Page 6 Crime Statistics Subject Reporting Adjacent Reporting Adjacent Reporting City-Wide District No.15 District No.13 District No.16 Crimes Part 1: 2,527 323 131 142 Part 2: 3,247 654 187 246 Total 5,774 977 318 388 Crime Rate: 3,510.1 11,262.2 6,084.53 5,568.63 Arrests Total Arrests: 3,515 839 176 255 Alcohol-Related: 33.96% 50.3% 31.82% 47.71% "Part 1 Crimes"are homicide,forcible rape,robbery,aggravated assault,burglary,larceny-theft,auto theft,and arson. All other crimes are"Part 2 crimes." The"Crime Rate"the number of crimes per 100,000 people. "Alcohol-related arrest"means the offender had been drinking prior to the incident for which they were arrested. 1. Public Convenience or Necessity. City Council Policy K-7 provides criteria for situations when the public convenience or necessity will not be served. The policy states that the public convenience or necessity will not be served with the approval of a new, upgraded or transferred license for a bar within an over concentrated or high crime area. Although the project includes a 5-seat wine tasting bar, staff believes that the proposed project is primarily retail oriented with the use of the bar accessory. Therefore policy K-7 does not apply. Currently, there are 71 establishments providing alcoholic beverage service in the area (see Table 1 below). It can be argued that there are an abundance of establishments providing alcoholic beverage service in this area and that the public convenience or necessity would not be served by permitting another operation. The proposed operation is not a typical alcoholic beverage outlet and very few similar operations exist. The propose operation provides a benefit to the public as it promotes responsible alcohol consumption and education. Each of these views must be balanced by the other four factors to be evaluated by the Planning Commission for this use permit. Based upon all the information assessed in these factors, the Planning Commission may determine whether this approval is necessary to serve the public convenience or necessity. Table 1 Alcoholic Beverage Service Licenses Subject Reporting Adjacent Reporting Adjacent Reporting District No.15 District No.13 District No.16 *Number of active ABC Licenses 59 7 5 *The Number of active ABC licenses is the total of all types of licenses known to the Newport Beach police department as of the date of this document 2. Crime Rate. There were 5,774 crimes reported to the Police Department in 1998, of which 2,527 were Part One Crimes. The remaining 3,247 crimes were Part Two Crimes that include alcohol related arrests. Crime statistics that exceed the citywide average by 20% are considered significant pursuant to City Council Policy K-7. The reporting district that the project is located exceeds the citywide average by 320%. The Police Department has reviewed the proposed project and has stated that they have no serious concerns with the proposed operation. However, the Police Department also has stated that the project must be PA 2001-025(UP2001-005) April 5,2001 Page 7 considered in light of the larger issue of the intensification of alcohol and related uses on the Balboa Peninsula, especially in the Cannery Village area, which has experienced resident complaints regarding alcoholic beverage outlets. The Police Department believes that this demonstrates the disproportionate impact alcohol related offenses continues to have on their workload and on the quality of life in the community. However, the Police Department does not object to the proposed project as described and regulated. 3. Over Concentration. Census Tract 635.00 currently has a ratio of liquor licenses to population that exceeds the average ratio of Orange County. Within the reporting district, there currently are 59 alcoholic beverage outlets, which establishes a ratio of 1 liquor license per 104 persons. This ratio is significantly higher than the average ratio of Orange County, which is 1 license per 893 persons. This is due to the fact that the area is predominately commercial and has a high number of eating and drinking establishments. The ratio of alcoholic beverage licenses to population also constitutes an "undue concentration"of licenses under the provisions of Section 23958.4 of the California Business and Professions Code. Therefore, the ABC is required to deny the application for the license unless it is determined that public convenience or necessity would be served by its issuance. The Police Department is especially concerned about the concentration of ABC licenses on the Balboa Peninsula. Therefore, the Police Department is recommending that the proposed project be reviewed against the greater issue of intensifying alcohol usage on the peninsula. 4. Alcohol Related Arrests & Calls for Service. Alcohol related arrests means the offender had been drinking prior to the incident for which they were arrested. There were 839 arrests in Reporting District No. 15 during 1999 as compared to the 3,515 arrests citywide. Of the arrests made in Reporting District No. 15, 50.3% were alcohol-related (422 total alcohol related arrests), while 34% of the arrests citywide were alcohol-related. (1,194 total alcohol related arrests). At public hearings for other projects in the Cannery Village and McFadden Square area, residents and business operators have reported a pattern of public nuisance behavior. Generally, this behavior is conducted by patrons of area restaurants and bars as they arrive, depart, or travel between establishments. Public nuisances related to alcohol service has been a historic problem in the Lido Marina Village due to various nightclubs, but all the establishments of this type are no longer in operation. The ABO Ordinance requires that the applicant take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and other areas during business hours. However, in this area, with a high number of alcoholic beverage outlets, it is difficult to determine which establishment is responsible for public nuisance behavior in public areas. Planning and Police Department staff do not believe that the proposed establishment as described and conditioned will contribute to any alcohol related problems in the area. 5. Adjacent Uses. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. There are few residences in the general vicinity of the project site, PA 2001-025(UP2001-005) April 5,2001 Page 8 G _. but none that directly abut the project site. The site is surrounded by commercial uses and staff does not believe that the proposed use retail sales of alcoholic beverages and accessory uses will prove detrimental to the surrounding commercial uses. The last remaining issue related to this request is future operators. A future operator might not have the same objectives and principals that the applicant has. Use Permits run with the land and not with an individual. As long as a future operator abides by the parameters of the Use Permit, continued operation is permitted. Major changes in the operational characteristics will require Planning Commission review of a new Use Permit. Staff has structured this Use Permit to permit the on-site consumption of beer and wine as an accessory use to the retail establishment, and the conditions permit wine tasting only. Therefore, the use cannot become an eating and drinking establishment, bar or tavern without the approval of a new Use Permit. Staff believes that the city would be adequately protected from future use of the on-site beer and wine license. The off-site alcohol sales use is more difficult to regulate. The only thing that distinguishes the applicant's proposed use and regular liquor store is product quality and the reputation of the applicant. A Use Permit does not vest in an individual, and product quality is not something the City has regulated in the past. Staff does not recommend initiating a product quality condition in this case as the regulation alcohol of sales is within the jurisdiction of the Alcoholic Beverage Control Board. The Planning Commission should consider this permit as authorizing what it could become and that is typical liquor store. Staff has included a provision in the conditions of approval which requires that the retail use must conduct the accessory wine tasting use. Separate operation of the uses would require prior approval by the Planning Commission of an amendment to the Use Permit. Staff has also added a condition that the sales of distilled spirits shall not exceed 15% of transactions. Mandating these operational characteristics further limits the use to the applicant's proposal and makes re-use of the alcohol license for a typical liqour store. Environmental Compliance (California Environmental Quality Act). It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). This exemption permits the continued operation and minor alteration of existing facilities with negligible or no expansion of use. Staff believes that the proposed project is eligible for this consideration. Recommendations Section 20.91.050 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not,under the circumstances of the particular case,be detrimental to the health, safety,peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. PA 2001-025(UP2001-005) April 5,2001 Page 9 1 Staff believes that the facts in this case can support a finding that the proposed alcohol-related , use would be detrimental to the area.The public convenience or necessity might not be served by the new licenses allowing retail sales of alcoholic beverage products due to the number of alcohol- related arrests and the over-concentration of alcoholic beverage outlets in the area. The Planning Commission could also find that typical issues associated with alcohol sales and consumption can be adequately addressed through conditions on the operation through the Use Permit. The findings and conditions of approval proposed are designed to provide the highest level of protection for the city by requiring the nature of the operation remain substantially similar to the applicant's request. Submitted by: Prepared by: PATRICIA L.TEMPLE JAMES W.CAMPBELL Planning Director Senior Planner Exhibits 1. Project description and justification 2. Parking inventory for Lido Marina Village 3. Map of police reporting districts and census tracts 4. Findings and conditions of approval 5. Findings for denial 6. Floor plans \\MIS_1lSYS\USERS�PLMSHARF.D\PA's1PA2U01425WPZ I-M Tt bC PA 2001-025(UP2001-005) Api15,2001 Page 10 r� / tJ = ATTACHMENT A 9e a 1 of 4 page Conditional Use Permit Application REVISED 3/7/01 for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach, CA 92663 - 949-290-3395 RECEIVED BY submitted by PLANNING DEPARTMENT Dennis and Christine Overstreet GIN OF: NEWPORIF EEACH 128 Via Trieste - Newport Beach, CA 92663 MAC 1 2 2'061 (949) 675-4836 - FAX (949) 723-0804 AM PM 7181911011111R,11,213141516 Proposed Newport Beach Location for Overstreet's at The Wine Merchant 3400 Via Lido • Newport Beach - California - 90210 ****Please note: Attachments B and C provide the requirements of plot plans, ele- vations, floor plans, and radius maps for notifying the community of our application. Summa & Background Dennis Overstreet, owner of Overstreet's and The Wine Merchant in Beverly Hills has served the residents and community of Beverly Hills as well as an internation- al "who's who" clientele for over 28 years. He has been nominated as one of the top 10 wine retailers, in the United States by Marvin Shankin, publisher of The Wine Spectator, numerous times in the past 15 years. (This year, Overstreet is again being honored as one of the top retailers in the United States on March 22, 2001 in New York). Dennis Overstreet has written two published books, is an international wine authority as well as guest to various television shows/series including, Dinah Shore, Good Morning Los Angeles with Regis, Martin Short Show, "Hotel", and numerous guest spots for AM San Francisco and AM Seattle and numerous radio talk shows. Overstreet's retail shop and tasting bar serves the discriminating adult public who need a place to relax and reflect in a club-like - "living room" atmosphere and acquire the unique and special wines of the world. Overstreet's is (will be)designed and operated like a refined London shop where the merchandise represents the best and uncommon items rather than the common- place. The service is personable, but not obtrusive. The atmosphere is sophisticated and comfortable, not intimidating. Dennis and Chris Overstreet have a vested interest in this new business location: 1st) they are home owners in Newport Beach where they raising their two children and 2nd) they are property owners of two buildings in Lido Village, 3400 and 3404 Via Lido. This retail establishment is a welcome and long await- ed addition to the Lido Peninsula. Overstreet's is akin to Richardson's and Ports O'Call that well served the residents of Newport Beach. Overstreet's will provide a service that is not currently available. Presently, Newport residents are driving to Costa Mesa and Santa Ana and even Beverly Hills to fulfill these retail needs. The City of Newport Beach offers an overwhelmingly pleasant environment in which to live and work. Overstreet's will be a beacon, attracting other desirable f r Exhibit No. 1 ATTACHMENT A page 2 of 4 Conditional Use Permit Application REVISED 3/7/01 for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach, CA 92663 businesses to the Lido Peninsula of Newport Beach. It will enhance our lifestyle. Overstreet's pro- vides service and delivery in a responsible manner, placing the customer and the community as a first priority guaranteeing quality, service and safety. COP : The retail store Wnktt A = License T ype 21 ^ Genera O -sale) will operate during the hours of 10:00 am to 7:00 pm. We would like to close the store at least one to two days a week, but the needs of the community need to be considered before this final decision can be made. Delivery is an important part of our retail establishment. Delivered merchandise makes up more than 60% of our sales from our Beverly Hills location. The wine tam room LQnjit Bi _ License Type 42 On-Sale Wine and Beer will be open from 1:00 pm to 11:00 pm, No person under the age of 21 years is permitted in the tasting room (unit B) as set forth in the Dept. of ABC regulations. As merchants to the Newport Beach community, we wish to establish this shop as a des tination - become a beacon for the Lido Marina Village, offering the finest quality products and service to the surrounding residents, as well as the boating/sailing enthusiasts and merchants and visitors to the Lido Village, and provide home delivery service for wines and specialty food products. ro'ected Time LLneL ebrua 2001 - Submit Use Permit applications and plans to the City of Newport Beach Planning Commission and submit completed Applications to the Dept. of Alcoholic Beverage Control (ABC) for License Posting for 3400 Via Lido. License Posting for TYPE 21, General Off-Sale was Posted February 7 - March 9, 2001. License Posting for TYPE 42 - On-Sale Wine License for the Tasting Room will be posted approximately April 16, 2001. March/ 2001 - Submit plans to Building department for permits and Planning Department March/April - Make improvements to interior and exterior to Unit A - retail store March 22 - Begin Use Permit Review by the Planning Commission City of Newport Beach � L ATTACHMENT A Continued page 3 of 4 Conditional Use Permit Application REVISED 3/7/01 for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach - California - 92663 Protected Time Line continued: April/June - Make exterior and interior improvements for Unit B - for the tasting room. Mayr 2001 - Open Unit A of 3400 Via Lido Retail store upon approval of CUP application ABC License Type 21 General Off-Sale and all appropriate City approval. June 2001 Obtain license for Unit B - Type 42 On-Sale Wine for the tasting room. Open tasting room in June. Our application requests a conditional use permit to operate a full-scale retail fine wine and spirits store (TYPE 21 GENERAL OFF-SALE) and to operate a wine tasting room in the des- ignated space (TYPE 42 ON-SALE WINE ) The retail store (Unit A) will offer delivery, full service, gift baskets, gift wrap, acces- saries and a cheese tasting/food counter, offering a light menu, such as boxed lunches. The wine tastings will be composed of informal wine tastings and educational classes and tastings for groups of no more than 30 people. The retail store will have a living room atmosphere where the public can peruse our fine wine selections, as well as enjoy our extensive library of books on wine, art, travel, sailing, cruis- ing, architecture, arts and entertainment. The theme for the store will be have a nautical touch with a Ralph Lauren interior design feel. There will be comfortable chairs, ottomans and couch- es for customers to relax in while perusing the inventory and the library. Food service in the tasting room (Unit B) will be kept to a limited menu and will be accom- modated by a small, efficient kitchen. The simple menu will including boxed hampers that may include sandwiches, salads, imported cheeses and antipasto items. The store will also include a selection fine gourmet items for purchase such as caviar, smoked salmon, cheeses, pates, breads, condiments and ancillary products. The inventory will represent the ultimate in wine, spirits and small selection of gourmet foods to go. Because of Dennis Overstreet's long standing relationship for over 30 years with suppliers, the inventory will represent the absolute best and the rarest of wines. Our merchan- dise will appeal to the discriminating adults, both amateurs and connoisseurs. I ATTACHMENT A Continued page 4 of 4 = Conditional Use Permit Application Revised 3/7/01 for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach - California - 92663 - 949-290-3395 There will be a separate entrance for Unit A (retail shop) and Unit B (tasting room/living room). A door will connect the store and the tasting room. Unit B, dedicated to the License T type 42, will only permit adults who 21 years and older. The buildings facade will reflect an image of welcoming, style and design to lure the customer inside the store and to enter the Village itself. Landscaping and design will further enhance the Village's entrance. We currently have a parking contract with Lido Village for 4 free parking spaces and up to 61 validated parking spaces through December 31, 2008. (Please see Attachment D ) We would like to provide Valet Parking for the public . History of The Wine Merchan and Overstreet's Dennis Overstreet's, The Wine Merchant originally opened in 1972 as a fine wine retail store and wine locker storage facility. Operating in the same location for nearly 28 years, Dennis Overstreet has established his business as one of the landmarks of Beverly Hills, as well one of the cornerstones in the community. The Wine Merchant operates as an exemplary retail busi- ness and sets the highest standard for integrity, business practices and customer relations, as well as providing quality service to the community and visiting consumers. The Wine Merchant offers fine wines, spirits, gifts, accessories and complete customer service. including delivery. The Wine Merchant /Overstreet's Fine wine bar and lounge is open in the evening hours with an atmosphere reminiscent of any elegant, comfortable "library" with walls covered in wine racks. There are several private rooms that accommodate small groups of 6 to 25 customers for added privacy while entertaining. The wine tasting bar has a dress code which requires appropriate attire no baseball caps are permitted. The image of the store and tasting room is akin to a private club, harking back to a more elegant, dignified time in history. Attachment F Endorsements (45 signatures as of 3/7/01) by City of Newport Beach Residents f or Overstreet's at The Wine Merchant 3400 Via Lido •Newport Beach, CA 92663 949-290-3395 i I My of Newport Beach Residen# Endoff&Mgnt for Retail sales of fine wine &spirits& gourmet food items and on-sale tasting license for wine& beer &gourmet foods for Overstreet's at The Wine Merchant 3400 Via Lido Way - Newport Beach, CA 92663 law Qf�4 City Council of Newport Beach and Commissioners of the Planning department of Newport Beach We, the undersigned, do hereby endorse and welcome the operation of Overstreet's at The Wine Merchant at the proposed location of 3400 Via Lido in Lido Village, Newport Beach, Ca 92663. Bennis (and Chris)Overstreet,owner of Overstreet's and The Wine Merchant in Beverly Hills has served the residences and community of Beverly Hills and the greater Los Angeles area for over 28 years. He has been nominated as one of the top 10 wine retailers, in the United States by Marvin Shankin, publisher of The Wine Spectator, numerous times in the past 15 years. Overstreet's retail and tasting bar serves the discriminating adult public who need a place to relax and reflect in a club- like- "living room" atmosphere. Overstreet's is designed and operated like a refined London shop where the merchandise. represents the best and uncommon items rather than the commonplace. The service is personable, but not obtrusive. The atmosphere is sophisticated and comfortable, not intimidating. Overstreet is a shopkeeper and he is there for his customers. (Overstreet has moved his family to Newport Beach, where he and his wife/partner, Chris are raising their two children. )This retail establishment is a welcome and long awaited addition to the Lido Peninsula. Overstreet's is akin to Richardson's and Ports O'Call that well served the residents of Newport Beach. Overstreet's will provide a service that is not currently available.Presently,Newport residents are driving to Costa Mesa and Santa Ana and even Beverly Hills to fulfill these retail needs. v The City of Newport Beach offers an overwhelmingly pleasant environment in which to live and work. Overstreet's will be a beacon, attracting other desirable businesses to the Lido Peninsula of Newport Beach. It will enhance our lifestyle and provide additional revenues to the City. Overstreet's provides service and delivery in a responsible manner, placing the customer and the entire community as a first priority guaranteeing quality,service and safety. Overstreet's is taking great efforts to consider how their business will impact the immediate community, with respect to pedestrian and vehicle traffic,and how service and delivery can improve the lives of the community. We respectfully submit our signatures of endorsement and request that this business open as soon as possible to serve our community. Please see pages 2 - 10 and the attached separate letters-of endorsements from various residents and merchants in the City Newport Beach community. Residents of Newuort each Street Address/7ibpCCode Sionat r /ph_ one(Opti.,anal 1 /� 'L1. .1��`/ �i��L11 .�' �' ram. :�.i• " ! 'A 6 ��J f � � i. G / of Newport bench Residentf Endorsement for retail sales of fine wine &spirits and on-sale tasting license for wine.& beer and retail sale of gourmet food items for Overstreefs at The Wine Merchant 3400 Via Lido Way Newport Beach, CA 92663 Me 2 of 10 Resided of Newer Beach Street Address/Zip Q& Signature/Phone(Qpf i� oral 3 Zlaf)a-, h,6� y6l I i cz..-LAG JUL �1a � 1 8 -� _ /l C 9 7 3—lv 9L..3 11 �� -c�7 l�l� Ltc 'yV �7� 4qO 12 L I 1 41j, 'C.�'Z� -7,-� 3 I 5 3,7 7 3 ^ 3 7 G2u 9111114kP- R*, 73 717(-- 15 Get, tAG� a2, Pau ici j Qtc�iS - 18—A� '�`� 4"I c jt� 1a7� 1 19 1 1 So o G��i J"j`� ab. �Ve #nh*,-f W7 -I-rtgbdI4/e1 *41 / 7 of Newport Beach Residemq Endorsement for retail sales of fine wine do spirits and on-sale tasting license for wine do beer and retail sale of gourmet food items for OverstrmVs at The Wine__Merchant 3400 Via Lido Way Newport Beach, CA 92663. PLEASE PRINT YOUR NAME HERE 3 of10 Residents of Newpgrt Beach Street Address/Zid Q& Signature/Phone (Onti_�__onal) r. 22 J O L% V t i--\-I e- 25 w— \. 1 H 26 27AJ ?� r' Z �,. {� cslt 7 : .,� I U .� 3 28 i{��i @� 1 (1 _ "��) 1 C �/V i !'l d • 1 t.l'i:l h 29 — Q�j vans I 31 1 32 33 Zj V l I q lit 34t:2 � , / V ti AJ 35 Ci .L 44(1 - Z2tgVi'Ct-� 3Z- 21 > -6✓ �12 CSC l► �� 2�6 � �j Cly of Newport Beach Resident Endorsement for retail sales of fine wine a spirits and on-sale tasting license for wine beer and retail sale of gourmet food items for Overstreefs at The Wine Merchant 3400 Via Lido Way Newport beach, CA 92663 PLEASE PRINT NAME Me 4 of 10 Besidedg gf Newpgrt Rea6 Street Address/Zip Qsk Signature/Phone Qnti . � �,� �. ` 38 Jb ; !z C LlVzl ;?-3Y 1 c 6rcrZ,141 x \nt L 6 73YXS. l 40 41 t c-�a. L'i,cL &73 q,15q- 42G.� �zltT 45 46 47 48 49 50 51 52 l � Orchard Dr y University QJ Gam 34 Tustin Ave Santa Isabel 33 Jamboree Rd MacArthur BI Santa Ana 21 31 Santiago 16th St Irvine 35 73 Fwy Canal 15th St Re lands North s' e ark Ne ort 6 Dover 54 Ford Rd 16th S 29 / Bonita Cyn 17 Newport B1 28 West C ' 25 38 San Miguel satn s 16 c� 37 51 26 —San Joaquin Hit Rd W Coast Hwy, �h'i�ersi�e 6� 38th St 15 41 / 0 39 Back Ba C" 53 SpY9las 52 13 42 43 y�y 47 64 Marguerite 20th t 12 48 Newport Coast Dr Buck Gut St 7th Avocado NBPD 11 44 66 RD'S �r B st 45 Morning C n May 1998 m X 46 3 LT 68 Z O N MINI Fir Mill Kill I pa • 11� e 1 . . 1 + t? 'i"s"�#` Y""Sa`6L k'�j�`k' \•��\`' LIDO VILLAGE AREA PARKING INVENTORY PARKING REQUIRED COMMERCIAL USES DAY WAIVED NIGHT' WAIVED Vacant(Magic Island) 0 0 189 0 (1/40)2 Warehouse Restaurant 0 266 175 91 (1/40) Le Bistro Restaurant 16 5 16 5 (1/40) Le Bistro Coffee Shop 5 1 5 1 (1/75) George's Camelot 28 10 28 10 (1/40) Bayfront Cafe 6 0 6 0 (1/75) Mama Mia Restaurant 3 6 3 6 (1/40) Vacant(previous Greek Restaurant) 3 1 3 1 (1/75) Vacant(Specialty Food) 5 0 5 0 (1/250) Restaurant Uses 66 spaces 289 spaces 430 spaces 114 spaces Office Uses (1/250) 132 0 04 0 Retail Uses (1/250) 92 0 0 0 Boat Slips (85 slips @ 1 space/75 slips) 64 0 64 0 Lido Villages (1/250) 289 0 64 0 Lido Shops (Facing Via Lido)(1/250) 35 0 0 0 TOTAL 389 spaces 289 spaces 494 spaces 114 spaces BUILDING PARKING NO LONGER PROVIDED IN LIDO MARINA VILLAGE GARAGE Bay Lido Office Bldg. 47 0 0 0 Lido Tower(Travel Max) 79 0 0 0 Bank of America Building 50 0 0 0 TOTAL 176 0 0 0 TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0 PARKING AVAILABLE (PUBLIC) Municipal Parking Lot 27 0 On-Street Parking (Central Ave.) 17 17 On-Street Parking(Behind Lido Shops) 10 10 On-Street Parking on Via Lido 13 13 (PRIVATE) Parking Structure? 373 373 32nd Street Parking Lots 43 43 TOTAL PARKING AVAILABLE 483 spaces 456 spaces 1 Night parking is after 6 p.m. Z Indicates;parked at a ratio of I spaces for each 40 sq.ft.of"net public area" 3 Required number of parking spaces for each respective business per applicable use permit files 4 Night parking assumes no retail or office parking demand 5 Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll. 6 Buildings which no longer have use of the Lido Marina Parking Structure,but still draw upon the available parking spaces in the village area. r z Number of spaces in garage is based on a field count of spaces by Code Enforcement(previously noted as 395). This number includes striped tandem spaces. 8 32nd Street Parking Lot has no legally binding off-site parking agreements attached to it(per the management company). Lido Marina Village owns and controls the western most portion of the parking lot only(43 parking spaces). Exhibit No. 3 EXHIBIT NO.4 FINDINGS AND CONDITIONS OF APPROVAL FOR PA2001-025(UP2001-005) Findings: 1. The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" use. Retail sales of alcoholic beverages and accessory wine tasting and wine educational seminars is permitted use within this commercial designation.The structure that the proposed use will occupy is legal, nonconforming with respects to the maximum floor area ratio. The proposed project does not increase the gross floor area of the building. Therefore, the proposed project is consistent with the General Plan Land Use Element and Local Coastal Program. 2. The project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act as it permits the continued operation and minor alteration of existing facilities with negligible or no expansion of use. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) and will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: a. The primary and principal function of the proposed alcoholic beverage outlet is as a retail establishment for the sale of general alcoholic beverages for off-site consumption. On-site consumption of beer and wine is limited to wine tasting and shall be accessory and subordinate to the principal retail use. b. The primary retail use requires accessory wine tasting and wine education seminars. c. The accessory wine tasting may not be converted or otherwise become a restaurant bar, tavern,cocktail lounge,night club. d. The hours of operation of the principal and accessory use is sufficiently restricted to prevent negative effects of alcohol sales and service. e. Conditions of approval have been included which should prevent problems associated with the sale and service of alcoholic beverages. f. Off-site parking is available for the use within the Lido Marina Village parking garage and the site is not authorized as an eating or drinking establishment as defined by the Zoning Code which could generate increased parking demand. g. No live entertainment is permitted and a special events permit is required for any event outside the normal operating characteristics of the proposed alcoholic beverage outlet. 2- 4. The waiver of 21 parking spaces in this case will not, under the circumstances of the case,be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: a. The project includes a parking management plan that provides 22 parking spaces in the Lido Marina Village parking garage at all time the use is open for business. b. The project parking management plan includes the use of valet parking for in conjunction with the Lido Marina Village parking garage when the proposed educational seminars will occur. C. The project is not authorized as an eating or drinking establishment as defined by the Zoning Code which could generate increased parking demand. Conditions: 1. The alcoholic beverage outlet is hereby defined as a retail establishment for the sale of general alcoholic beverages for off-site consumption as the primary and principal use of the project site. On-site consumption of beer and wine shall be limited to wine tasting and shall be accessory and subordinate to the principal retail use. The retail use is prohibited from operation without the accessory wine tasting use. 2. The interior area authorized for on-site consumption of beer and wine in conjunction with a Type 42 alcohol license shall be limited to 1,263 sq. ft. as delineated on the approved floor plans as "Unit B." The interior area authorized for the retail sales for general alcoholic beverages for off-site consumption in conjunction with a Type 21 alcohol license shall be limited to 1,328 sq. ft. as delineated on the approved floor plans as "Unit A." The development shall be in compliance with the approved floor plans dated April 5, 2001. Substantial changes to the floor plans shall require prior approval by the Planning Commission. Any increase in area of either Unit A or Unit B shall be seemed substantial for the purposes of requiring review by the Planning Commission. 3. The hours of operation shall be limited to 10:00AM to 7:OOPM daily for the retail portion of the project and 1:00PM to 11:00PM daily for the wine tasting and wine educational activities. Organized educational seminars shall not be conducted more than 3 days per week and wine tasting, open to the general public may occur, any day during authorized hours. 4. The service for on-site consumption of beer and wine of shall be restricted to the interior of Unit A as identified in Condition No. 2, unless approved by the Planning Commission, Police Department and the California Board of Alcoholic Beverage Control. 5. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. • 6. The sale of distilled spirits shall not exceed 15% of gross receipts of all off-site alcohol sales. The applicant or operator shall maintain adequate records to determine compliance with this condition and shall provide the city said records when requested. 7. Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. 8. 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. 9. The exterior of the 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. 10. 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. To qualify to meet the requirements of this section a 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 these conditions within 180 days of the effective date of this Use Permit. 11. 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. 12. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 13. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter (Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 14. A special events permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would increase the expected occupancy beyond 29 patrons and 6 employees at any one time or any other activities as specified in the Newport Beach Municipal Code to require such special events permit. 15. This use permit may be reviewed, modified or revoked by the Planning Commission or City Council 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 ei' maintained so as to constitute a public nuisance. 16. 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 permit. 17. Should this business or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner/operator. Future owners, operators or assignees shall submit,within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations,restrictions and conditions of approval of this Use Permit. 18. The owner/operator of the proposed use shall enter into an agreement to provide and maintain a minimum of 21 parking spaces within the Lido Marina Village Parking garage to be accessible at all times during the operation of the use. 19. The applicant or operator of the facility shall provide valet attendant service for the use in conjunction with the Lido Marina Village parking garage. The applicant or operator shall prepare a valet operated parking plan to be reviewed and approved by the Public Works Department prior to the commencement of the use. 20. Delivery vehicles shall not park within the public right-of-way of Via Lido and Via Oporto. 21. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 22. Trash generated by the business be screened from view from adjoining properties except when placed for pick-ups by refuse collection agencies. 23. No outdoor loudspeaker or paging system shall be permitted in conjunction with the operation. 24. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 25. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 26. No temporary"sandwich" signs or similar temporary signs shall be permitted,either on-site or off-site,to advertise the restaurant. 27. The project shall comply with State Disabled Access requirements. 28. A handicapped assessable public restrooms are required. The restrooms must be in compliance with the Uniform Plumbing Code and all applicable Uniform Building Code requirements. 29. Health Department approval is required before issuance of a building permit. 30. Where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 31. The facility and related off-street parking shall conform to the requirements of the Uniform Building Code. 32. 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. 33. The operator 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 Between the hours of TOOAM and 10:OOPM TOOAM and IO:OOPM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA L6d!B A Commercial Property N/A 65dBA N/A ::d A EXHIBIT NO.5 , FINDINGS FOR DENIAL PA2001-025(UP2001-005) FINDINGS: 1. The project site is located within Newport Beach Police Reporting District (RD) No. 15 and the proposed project is a new alcoholic beverage outlet. The outlet includes a Type 41 license for on-site consumption of beer & wine not in conjunction with a bona fide restaurant and a Type 21 license for the retail sale of general alcoholic beverages for off- site consumption. The granting of Use Permit No. 2001-005 does not serve the public's convenience or necessity due to the following factors: a. Within RD No. 15, there were 5,774 crimes reported to the Police Department in 1998, of which 3,247 crimes were Part Two Crimes that include alcohol related arrests. The crime rate for this RD is 11,262.2 crimes per 100,000 people and the crime rate for entire city is 3510.1 crimes per 100,000 people. The crime rate within the reporting district exceeds the citywide average by 320%. Due to the strong correlation between higher crime rates and availability of alcohol, upgrading the existing alcoholic beverage service in this area may contribute to increased crime. b. The proposed project is located in Census Tract 635.00, which has a ratio of alcoholic beverage licenses to population that is above the average ratio of Orange County. Within the reporting district, there currently are 59 alcoholic beverage outlets which establishes a ratio of 1 liquor license per 104 persons. This ratio is significantly higher than the average ratio of Orange County, which is 1 license per 893 persons. This constitutes an "undue concentration" of licenses under the provisions of Section 23958.4 of the California Business and Professions Code. C. There were 839 arrests in Reporting District No. 15 during 1999 as compared to the 3,515 arrests citywide. Of the arrests made in Reporting District No. 15, 50.3% were alcohol-related (422 total alcohol related arrests), while 34% of the arrests citywide were alcohol-related. (1,194 total alcohol related arrests). d. The proposed parking management plan using the Lido Marina Village parking garage is insufficient to meet the parking demands of the proposed project. 2. Due to the concentration of alcoholic beverage outlets,higher than average crime rates and their impact on the Lido Village area, and because the public convenience or necessity would not be served, the proposed project would be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use and would be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 3. The proposed use can generate a parking demand as high as 21 parking spaces when all aspects of the proposed use occur simultaneously and the project site has no on-site parking. The proposed parking management plan using a combination of self parking and valet parking through the use of a private off-site parking agreement within the Lido Marina Village does not provide necessary long term parking. CITY OF NEWPORT BEACH Hearing Date: April 5, 2001 o� D PLANNING DEPARTMENT Agenda Item No.: 5 3300 NEWPORT BOULEVARD Staff Person: James Campbell NEWPORT BEACH,CA 92658 (949) 644-3210 (949)644-3200;FAX(949)644-3250 Appeal Period: 14 days SUPPLEMTAL REPORT TO THE PLANNING COMMISSION Project: The Wine Merchant (Dennis & Chris Overstreet,FILct li t) 3400 Via Lido Copy Purpose of Application: A Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in conjunction with a fine wine retail establishment. The applicant also proposes to conduct periodic on-site wine tasting seminars in the evenings for approximately 30 people with a Type 42 alcohol license. The project requires the consideration of a parking waiver. Discussion Staff inadvertently provided 1998 crime statistics for this item when 1999 statistics are available. The following discussion should be referenced for the analysis of the request pursuant to the Alcoholic Beverage Outlet (ABO) Ordinance and the analysis contained in the previous staff report discarded. The findings for project denial also have been corrected to reflect the revised information below. Staff also attached the incorrect Lido Village parking inventory as Exhibit No.2 to the original report. The latest inventory, attached as Exhibit No. 2 of this report, does not change the fact that, on paper, the parking structure operates at a deficit during the daytime and a surplus during the night. The applicant's educational seminars generally occur in the evenings during the week. Occasional sessions occur on weekends but generally only during the day. Please note that the actual parking demand or use of the available spaces is not the same thing as the required parking which is reflected in the inventory. Parking availability has only been a problem during unusual events such as the Christmas Boat parades, although the cost for parking in the structure would tend to reduce demand for parking leading some patrons to consider "poaching" free parking in nearby parking lots. Alcoholic Beverage Ordinance The use involves the sale and consumption of alcohol, and therefore, a Use Permit is required that is subject to the provisions of the Alcoholic Beverage Outlet ordinance as set forth in Chapter 20.89 of the Municipal Code. On June 8, 1998, the City Council adopted Chapter 20.89 of the Municipal Code, the Alcoholic Beverage Outlet (ABO) Ordinance. The purpose of the 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 retail outlets. Chapter 20.89 is intended to prevent alcohol- related problems. The chapter provides a set of additional tools to help reduce-the costly and harmful effects of irresponsible alcohol sales and consumption on local businesses, residents, law enforcement, and various other resources. The ABO Ordinance requires a Use Permit for all new alcoholic beverage outlets and revisions to existing licenses and requires that the Planning Commission consider the following factors when reviewing a request for a use permit: 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. The following charts provide 1999 data related to factors 2, 3 and 4. Maps showing the census tracts and Police Reporting districts with the project site highlighted are attached to the Planning Commission staff report dated April 5, 2001. 1. Public Convenience or Necessity. City Council Policy K-7 requires that the Police Department make a public convenience and necessity finding as the project site is located within an over concentrated and higher than average crime area. The policy also provides criteria for situations when the public convenience or necessity will not be served. The policy states that the public convenience or necessity will not be served with the approval of a new, upgraded or transferred license for a bar within an over concentrated or high crime area. Although the project includes a 5-seat wine tasting bar, staff believes that the proposed project is primarily retail oriented with the use of the bar accessory. With this determination, the portion of Policy K-7 that prohibits a new bar in an over concentrated or high crime area does not apply. The Planning Commission also must make a finding that the project serves the public's convenience and necessity if the Use Permit is to be approved. Currently, there are 66 establishments providing alcoholic beverage service in the area (see table below). It can be argued that there are an abundance of establishments providing alcoholic beverage service in this area and that the public convenience or necessity would not be served by permitting another operation. The proposed operation is not a typical alcoholic beverage outlet and very few similar operations exist. The propose operation provides a benefit to the public as it is a fine wine establishment providing wine education sessions and the City does not presently have such an operation in the area. Each of these views must be balanced by the other four factors to be evaluated by the Planning Commission for this use permit. Based upon all the information assessed in these factors, the Planning Commission may determine whether this approval is necessary to serve the public convenience or necessity. PA 2001-025 (UP2001-005)Supplemental April 5, 2001 Page 2 • 2. Crime Rate. The following table shows the crime statistics for 1999. Subject Reporting Adjacent Reporting Adjacent Reporting -City-Wide District No.15 District No.13 District No.16 Crimes(1) Part 1: 2,623 213 65 113 Part 2: 3,418 840 176 301 Total: 6,041 1,053 241 414 Crime Rate: (2) Part 1: 3,544.59(3) 7,426,8(4) 2,601 (4) 4,431,4(4) Part2: 4,618.92(3) 29,288.7(4) 8,174.6(4) 11,803.9(4) Arrests Total Arrests: 3,290 Unknown(5) Unknown(5) Unknown(5) DUI/Drunk arrests: 1,667 624 46 249 DUI/Drunk%: 50,66% 37.4%of citywide 2.75%of citywide 14.9%of citywide DUI/Drunk arrests DUI/Drunk arrests DUI/Drunk arrests (1) "Part 1 Crimes"are homicide,forcible rape,robbery,aggravated assault,burglary,larceny-theft,auto theft,and arson.All other crimes are"Part 2 crimes." (2) The"Crime Rate"the number of crimes per 100,000 people. (3) Crime rates based upon crimes during 1999 compiled by NBPD and 1999 population projection from the Population Research Unit of the California State Department of Finance. (4) Crime rates based upon crimes compiled by NBPD and 1990 Census population for the reporting districts prepared by the Newport Beach Planning Department. (5) Newport Beach Police indicate that the total arrests within each Reporting District are not available at this time due to a mid- year reporting software change and software problems. There were 6,041 crimes reported to the Police Department in 1999, of which 2,623 were Part One Crimes. The remaining 3,418 crimes were Part Two Crimes. Crime statistics that exceed the citywide average by 20% are considered significant pursuant to City Council Policy K-7. The Part 1 crime rate for RD 15 is 210% above the citywide Part 1 crime rate. The Part 2 crime rate is 643% above the citywide Part 2 crime rate. Additionally, the Part 1 crime rate decreased from 1998 to 1999 by 34.1% and the Part 2 crime rate increased from 1998 to 1999 by 22.1%. Both two adjacent reporting districts analyzed experienced a decrease in the Part 1 crime rate (RD 13 — 57.3%, RD 16 — 20.4%). The Part 2 crime rate fluctuated in the two adjacent reporting districts with RD 13 decreasing by 6.3% and RD 16 increasing by 18.3%. It should be noted that the crime rate within the three reporting districts studied was derived using the 1999 crime figures and 1990 Census population counts. The population has probably increased since 1990, which could result in a modest overstatement of the crime rate. There is no other reliable population estimates for each reporting district as the police reporting districts do not correspond to conventional Census geography. When the new Census numbers are released at the block level within the next few years, more reliable population numbers for a reporting district will be available. The Police Department states that the project must be considered in light of the larger issue of the intensification of alcohol and related uses on the Balboa Peninsula, especially in the Lido area. This area has experienced limited resident complaints regarding alcoholic beverage outlets and problems historically have been created by bars and nightclubs. The Police Department believes that alcoholic beverage outlets are a contributing factor to a disproportionate level of PA 2001-025 (UP2001-005)Supplemental April 5,2001 Page 3 I crime in the area and this fact continues to have a significant impact on their workload and on the quality of life in the community. However, the Police Department does not object to the proposed project as described and regulated. 3. Alcohol License Over Concentration. The following table shows the concentration of retail alcohol licenses for the area of the project. A map of the Census Tracts is attached as Exhibit No. 4. Census Tract 635.0 Orange County Population 6,128 (1) 2,787,593 (2) ABC Licenses(3) 66 4,721 Concentration 1 license per 93 persons 1 license per 590 persons (1) 1990 official Census(required source pursuant to Section 23958.4 of the California Business and Professions Code). (2) 1999 population estimate from Population Research Unit of the California State Department of Finance (required source pursuant to Section 23958.4 of the California Business and Professions Code). (3) Total licenses known to the Newport Beach Police Department at this time. Census Tract 635.00 currently has a ratio of liquor licenses to population that exceeds the average ratio of Orange County. Within this Census Tract which encompasses the project site, there currently are 66 alcoholic beverage outlets, which establishes a ratio of 1 liquor license per 93 persons. This ratio is significantly higher than the average ratio of Orange County,which is 1 license per 590 persons. This is due to the fact that the area is predominantly commercial and has a high number of eating and drinking establishments and a relatively love population. The number of alcoholic beverage licenses within Census Tract 635.00 constitutes an "undue concentration" of licenses under the provisions of Section 23958.4 of the California Business and Professions Code. Therefore, the ABC Board is required to deny the application for the license unless it is determined that public convenience or necessity would not be served by its issuance. The City's finding of public convenience or necessity is advisory to the ABC Board. The Police Department is especially concerned about the concentration of ABC licenses within this Census Tract and on the Balboa Peninsula in general, but also indicates that the proposed use as described and regulated is not expected to exacerbate alcohol related problems in the area. 4. Alcohol-Related Calls for Service. Crimes or Arrests. The term "alcohol-related calls for service" is a misnomer, as a call for service is just a call, and no determination of whether it is alcohol-related or not is done by police dispatch. If an incident culminates in the preparation of a report or an arrest is made, a determination of whether or not the incident is alcohol-related is made by the officer and recorded. The Police Department updated their reporting system in September of 1999 and is presently experiencing a data retrieval problem with alcohol-related incidents. This problem will be resolved in the near future by the software vendor. The PD however has provided information on alcohol-related arrests in two categories; driving under influence (DUI) and drunk in public or "plain drunk." Referring to the 1999 crime statistics table above, there were 3,290 total arrests within the City of Newport Beach, of which 1,667 were either driving under the influence or plain drunk in public (50.66%). In Reporting District (RD)No. 15, there were 624 alcohol arrests during 1999, PA 2001-025(UP2001-005)Supplemental April 5,2001 Page 4 which accounts for 37.43% of the city's DUI and drunk in public arrests. The Police Department indicates that total arrests within an individual reporting district is not available at this time due to the software problem, and therefore, the percentage of alcohol-related arrests within the RD is not available. During 1998, the total number of alcohol-related arrests, which is a larger category of offenses, than DUI and drunk in public arrest was 422. The Police Department does not attribute the entire 47.8% increase between 1998 and 1999 to social factors alone, but also to better record management. The total number DUI and drunk in public arrests cited above does not include other crimes such as homicides, assault, disorderly conduct etc. that were determined to be alcohol-related due to the software issues. Lastly, in this area, with a high number of alcoholic beverage outlets, it is difficult to determine which establishment is responsible for public nuisance behavior in public areas. At public hearings for other projects in the Cannery Village and McFadden Square area, residents and business operators have reported a pattern of public nuisance behavior. Generally, this behavior is conducted by patrons of area restaurants and bars as they arrive, depart, or travel between establishments. Public nuisances related to alcohol service has been a historic problem in the Lido Marina Village due to various nightclubs, but all the establishments of this type are no longer in operation. However, in this area, with a high number of alcoholic beverage outlets, it is difficult to determine which establishment is responsible for public nuisance behavior in public areas. Planning and Police Department staff does not believe that the proposed establishment as described and conditioned will contribute to any alcohol-related problems in the area. The ABO Ordinance requires that the applicant take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and other areas during business hours. 5. Adjacent Uses. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. There are few residences in the general vicinity of the project site, but none that directly abut the project site. The site is surrounded by commercial uses and staff does not believe that the proposed use retail sales of alcoholic beverages and accessory uses will prove detrimental to the surrounding commercial uses. Conditions of approval can be applied to mitigate potential negative effects this project might introduce. The Police Department has no preventative design recommendations for this operation. One remaining issue related to this request is the possibility that future operators might change the operational characteristics of the use that could generate alcohol-related issues. A future operator might not have the same objectives and principles that the applicant has. Use Permits run with the land and not with an individual. As long as a future operator abides by the parameters of the Use Permit, continued operation is permitted. Major changes in the operational characteristics will require Planning Commission review of a new Use Permit. Staff has structured this Use Permit to permit the on-site consumption of beer and wine as an accessory use to the retail establishment, and the conditions permit wine tasting only. Therefore, the use cannot become an eating and drinking establishment, bar or tavern without the approval of a new Use Permit. Staff believes that the city would be adequately protected from future use of the on-site beer and wine license. PA 2001-025 (UP2001-005)Supplemental April 5, 2001 Page 5 The off-site alcohol sales use is more difficult to regulate. The only thing that distinguishes the applicant's proposed use and a regular liquor store is product quality and the reputation of the applicant. A Use Permit does not vest in an individual, and product quality is not something the City has regulated in the past. Staff does not recommend initiating a product quality condition in this case as the regulation alcohol of sales is within the jurisdiction of the Alcoholic Beverage Control Board. The Planning Commission should consider this permit as authorizing what it could become, and that is a typical liquor store. Staff has included a provision in the conditions of approval, which requires that the retail use must conduct the accessory wine tasting use. Separate operation of the uses would require prior approval by the Planning Commission of an amendment to the Use Permit. Staff has also added a condition that the sales of distilled spirits shall not exceed 15% of transactions. Mandating these operational characteristics further limits the use to the applicant's proposal and makes re-use of the alcohol license for a typical liquor store. Recommendation As noted in the original staff report for this item, staff believes that there are facts to support either project approval or denial. Staff also believes that the project as described and regulated pursuant to the condition of approval will not be detrimental to the area, and therefore, staff recommends approval subject to the findings and conditions contained in the previous staff report. Submitted by: Prepared by: Sharon Z. Wood JAMES CAMPBELL A istant City Manager Se for Planner J,a� Exhibits 1. Revised findings for project denial UP2001-005 supplemental report.doc PA 2001-025 (UP2001-005)Supplemental April 5,2001 Page 6 EXHIBIT No. 1 FINDINGS FOR DENIAL PA2001-025(UP2041-005) FINDINGS: 1. The project site is located within Newport Beach Police Reporting District (RD) No. 15 and the proposed project is a new alcoholic beverage outlet. The outlet includes a Type 42 license for on-site consumption of beer & wine not in conjunction with a bona fide restaurant and a Type 21 license for the retail sale of general alcoholic beverages for off- site consumption. The granting of Use Permit No. 2001-005 does not serve the public's convenience or necessity due to the following factors: a. The project site is located within Newport Beach Police Reporting District (RD) No. 15 and within Census Tract 635.00. b. Within RD No. 15, there were 6,041 crimes reported to the Police Department in 1999, of which 2,623 crimes were Part 1 crimes and 3,418 crimes were Part 2 Crimes that include alcohol-related arrests. The Part 1 crime rate for this RD is 7,426.8 crimes per 100,000 people and the crime rate for entire city is 3544.6 crimes per 100,000 people. The Part 2 crime rate for this RD is 29,288.7 crimes per 100,000 people and the Part 2 crime rate for entire city is 4,618.9 crimes per 100,000 people. The Part 1 crime rate within the reporting district exceeds the citywide Part 1 crime rate by 210%. The Part 2 crime rate within the reporting district exceeds the citywide Part 2 crime rate by 643% Due to the strong correlation between higher crime rates and availability of alcohol, upgrading the existing alcoholic beverage service in this area may contribute to increased crime. C. Census Tract 635.00 has a ratio of alcoholic beverage licenses to population that is above the average ratio of Orange County. There are currently 66 alcoholic beverage outlets within this census tract which establishes a ratio of 1 liquor license per 99 persons. This ratio is significantly higher than the average ratio of Orange County, which is 1 license per 590 persons. This constitutes an "undue concentration" of licenses under the provisions of Section 23958.4 of the California Business and Professions Code. d. There were 624 alcohol-related arrests in Reporting District No. 15 during 1999. This represents 18.96% of the total arrests citywide and 37.43% of the alcohol- related arrests citywide. Comparing the number of 1998 alcohol-relates arrests and calls for service to 1999 alcohol-related arrests, there was an increase in activity of 202 arrests. The volume and increase in alcohol-related arrests is disproportionate and continues to have a significant impact on the quality of life in the community and Police Department resources. Due to the strong correlation between higher crime rates and availability of alcohol, the requested new licenses could contribute to increased crime. • e. The proposed parking management plan using the Lido Marina Village parking garage is insufficient to meet the parking demands of the proposed project. 2. Due to the concentration of alcoholic beverage outlets, higher than average crime rates and their impact on the Lido Village area, and because the public convenience or necessity would therefore not be served, the proposed project would be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use and would be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 3. The proposed use can generate a parking demand as high as 21 parking spaces when all aspects of the proposed use occur simultaneously and the project site has no on-site parking. The proposed parking management plan using a combination of self-parking and valet parking through the use of a private off-site parking agreement within the Lido Marina Village does not provide necessary long term parking. LIDO VILLAGE AREA PARKING INVENTORY COMMERCIAL USES DAY WAIVED NIGHT WAIVED LIDO VILLAGE PARKING STRUCTURE Buzz Restaurant 200 41 175 41 Le Bistro Restaurant 16 5 16 5 Le Bistro Coffee Shop 5 1 5 1 George's Camelot 28 10 28 10 Bayfront Cafe 6 0 6 0 Mama Mia Restaurant 3 6 3 6 Restaurant Uses (pkg req'd per U.P.) 258 spaces 63 spaces 233 spaces 63 spaces Office Uses (1/250) 134 0 0 0 Retail Uses (1/250) 148 0 0 0 Boat Slips (73 slips @ 1 space/.75 slips) 55 0 55 0 Lido Village (1/250) 337 0 55 0 Lido Shops (Facing Via Lido) (1/250) 24 0 0 0 TOTAL PARKING REQUIRED 619 spaces 63 spaces 288 spaces 63 spaces BUILDING PARKING NOT PROVIDED IN LIDO MARINA VILLAGE GARAGE Bay Lido Office Bldg. 47 0 0 0 Lido Tower (Travel Max) 58 0 0 0 Olen Building (3366 Via Lido) 34 0 0 0 Bank of America Building 50 0 0 0 TOTAL 189 0 0 0 TOTAL PARKING DEMAND 808 spaces 0 288 spaces 0 (PRIVATE) Parking Structure 373 373 32nd Street Parking Lot 72' 72 TOTAL PARKING AVAILABLE 445 spaces 485 spaces Parking Required for LMV 174 space Deficit 197 space Surplus Parking Demand in LMV 363 space Deficit NOTES: • Buzz and Camelot Restaurants use permits require employees to park in the parking structure. • Night parking is after 6 p.m. • Night parking assumes no retail or office parking demand. • Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll. • Required number of parking spaces for each respective business per applicable use permit files. • Buildings which no longer have use of the Lido Marina Parking Structure have terminated or allowed the off-site parking arrangement to lapse,or have existing parking agreements with other locations,however they still draw upon the available parking spaces in the village area. • 32nd Street Parking Lot has no legally binding off-site parking agreements attached to it(per the Management Company). • Prepared 10/27/99. 32nd Street Parking Lot is required parking for the buildings located at 3366 and 3388 Via Lido(3366 Via Lido-NOT in L.M.V.). �vp �ZJTY OF NEWPORT PEACH Application: UlseermitNo. QqJSr pk m COMMUNITY AND ECONOMIC DEVELOPMENT Q Planning erector s T PLANNING DEPARTMENT Use Perna No. k 3300 NEWPORT BOULEVARD C G.P.A./Arnendmer Nd. c"awnar NEWPORT BEACH,CA 92658 Ca Variance No. (949)644-3200,FAX(949)644-3250 Q PART I: Cover Page ers�reeii-'s of [At GI w1filg(CAIMI ` Pr��' t ©m g i c'bl V FEES: .ri--- APPLICANT(Prin/�t�)tt,,:,, CONTACT PERSON(if different): P. 11_��5�'r f5�t1� �y�'l� S a r» Q s c� i i co rI�- Mailing Address: "V1� �� Mailing Address: Me) - 16 l. Nwpoa- awcki 0—a Phone: (9 )G7 - 43 Fax(q`{ W-0404 Phone: ( ) Fax ait pit qqq- zq'o-334 Property Owner(if different from above): Mailing Address: Phone: ( Fax PROJECT ADDRESS.; DI V i a ZJ 1s (asI ate_ �,im �'arn�p b et 1, Project Description Of appl)4ng for a variance,also complete attached form for required irW..): Pb i ; PROPERTY OWNER'S AFFIDAVIT (I)(W e) t S ll►/ S 1/P.(tl' depose and say that(I am}(we are}tle o s}, f the property(ies) involved in this applicat on. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of(my) (our)knowledge and belief. Signature(s) NOTE:An agent may sign for the owner if written authorization from the record owner is filed with the application.. PLEASE PROCEED TO PART II OF THE APPLICATION DO NOT:COWLETE.THE BOXED AREA BELOW . ::., FOR PLANN.YG DEi'AXT ElttT USE ONLY: T:ridicate k'revious'hriodifications,:Use Permits,:Specialty Food Service Permits,.etc. Denerirl Plan T +an: Zoning:District: coastal Zone: YES:or NO Date Filed: b Fee Pd: Receipt No:�1`.f� Date Deemed Complete. Hearing Posting Date:. " 'Mailing Date; Planning Director Action .. Date :�' ". ;Y' App P:C:.Hearin rr ' �5�.: cXf r ,, P:C::Action, Date . , Appeal C:C:l-Iearing C.�. fiction MUSERS\PLN\SHARED\i roRmmusE.APP.Doc : - PART II: Project Data Sheet Project Common Name: Application Number(s): O 6 rA66 of W#UCt'1�/rf Project Addresmg ocatiou r Assessors Parcel Number(s): 3aa Via C..' 0 N Zi ;t4 z3-W -/o Legal Descriptn(Attach on separate sheet,if necessary): 1 ra►ct 12 � Existing Land Use: COYy►Y"Q.rwa Proposed Land Use: ePk#w&&I.,.�.r `� Zoning District: �d Land Use Designation: Existing Proposed Development Zoning Code Development �n�g Requirement Lot Area(sf) 0 " 9 Lot Width(tit) Q. Lot Depth(ft) 590 1�r' u /U 6L., Setback Yards A/D�-- Front(Pt) / O 0 x Side(ft) d r O • Q / if H Side(ft) l r Orr f 0 a 0/ 0 �+ Rear(ft) / Qr . n r �i Gross Flour Area(sf) !f. O X Floor Area Ratio . Q - Building Coverage(%) 3 S' p' 3 7 Building Height(ft) n'l Q Q r' f _ Ja/Q rra Landscaping 8 7y Paving(°lo) 0 ®u N/A Parking a Q 'evkt :w Q llac-Ae ` Number of Employees / l2 a /V �O Number of seats YQ n o uS jee a Units f Hours of Operation _ /l;dA4' p,0,0a►n— (� F:\USERS\PLAN\SHARED\IFOPMS\IPRODATA.DOC 3 PART III: Plans C Please_ stc Aadwd Aqa& W+5 13 Each application shall be accompanied by 20 sets of plot plans, floor plans, and elevations; 8 sets shall be drawn to scale on 24 inch by 36 inch sheets with margins not less than 1/2 inch and 12 sets shall reduced to 11 inches by 17 inches. The required number of plans to be submitted for a Planning Director's Use Permit application is 12 sets; 4 sets drawn to scale and 8 sets reduced. All plans shall be collated,stapled and folded to a size of 8%2"by 14", maximum The Planning_Director mgy modify or waive submission requirements if deemed unnecessar to support the application. A. Plot Plan Plot plans shall be fully dimensioned and show the following information on the subject property and to a minimum of 20 feet on contiguous properties: • Vicinity Map. North arrow. • Scale of the plan. • Existing and proposed property lines • Required and proposed yard setback lines. • Locations, names, dimensions, and descriptions of all existing and proposed right of way lines, dedications and easements. • Locations of existing and proposed structures, additions, utilities,driveways, walks, and open spaces. • Any structures to be relocated, removed or demolished. • Locations, heights, and materials of existing and proposed walls and fences. • Locations,dimensions and descriptions of parking areas. • Location, heights,size and materials of signs. • Existing and proposed grade elevations and any significant natural features. • An Information block containing the name and telephone number of the contact person and` calculations in tabular form showing compliance with` applicable property development regulations (i.e.,density, floor area limits,height,parking, etc.) FAUSERSTLAMSHARED\I FORMS\1 PRODATA.DOC 4 - l ATTACHMENT A 9e n 1 of 3 page Conditional Use Permit Application for Overstreet's at The Wine Merchant 3400 Via Lido Newport Beach, CA 92663 submitted by Dennis and Christine Overstreet 210 Via Lorca, Newport Beach, CA 92663 (949) 675-4836 - FAX (949) 723-0804 PrgposeNewport Beach Location for Ovglrstreet's at The Wing Merchant 3400 Via Lido - Newport Beach - California - 90210 SCOPE: The Wine Merchant in Beverly Hills is considered one of the top ten retail wine stores in the United States and it is certainly the most unique in terms of elegance and customer service. Our vision for the Newport Beach location is to match or exceed the success of our Beverly Hills location. As a merchant to the community, we wish to establish this shop as a desti- nation - become an anchor and a landmark for the Lido Marina Village, offering the finest quality producs and service to the surrounding communities as well as the boating and sailing enthusiasts that enhance and enjoy the environment and lifestyle that Newport Beach offers its residences and visitors. Estimated Timg_ Line January 2001 - Submit applications and plans to the city of Newport Beach Planning Commission and Alcoholic Beverage Control for License Posting for 3400 Via Lido. February 5, 2001 - Submit plans to building department for permits March/April - Enhance facade of exterior of building and install fixtures and decorate April/May 2001 - Open, @ 3400 Via Lido - upon approval of CUP application and receipts of the ABC License. Our application requests a conditional use permit to operate a full-scale retail fine wine and spirits store. We will offer delivery, full service, gift baskets, gift wrap, accessories and a cheese tasting/food counter, offering a light menu, such as boxed lunches that include sandwiches, soups and salads. (continued on page 2) • ATTACHMENT A Continued page 2 of 3 Conditional Use Permit Application for Overstreet's at The Wine Merchant 3400 Via Lido • Newport Beach - California • 92663 We propose the hours of operation to be 10:00 am to 11:00 pm (closing at 10:00 pm on 5undays). We are considering being closed on Mondays. The retail store will have a living room atmosphere where the public can peruse ourfine wine selections, as well as enjoy our extensive library of books on wine, art, travel, sailing, cruis- ing, architecture, arts and entertainment. The theme for the store will be have a nautical touch with a Ralph Lauren interior design feel. There will be three couches, six to eight large chairs, ottomans and food counter that seats six to eight eaters. Food will be kept to a limited menu and will be accommodated by a small, efficient kitchen. The simple menu will including boxed lunches that may include sandwiches, salads, imported cheeses and antipasto items. The store will also include a selection fine gourmet items for pur- chase such as caviar, smoked salmon, cheeses, pates, breads and condiments. The inventory will represent the ultimate in wine and spirits. Because of Dennis Overstreet's long standing relationship for over 30 years with suppliers, the inventory will rep- resent the absolute best and the rarest of wines. It will be a full service operation offering, delivery and gift wrap and house accounts for special clients, The entire business will emphasize sophistication, comfort and elegance, with the focus on exquisite service while staying within the relaxed atmosphere of the marina and boating com- munity. Our merchandise and service will appeal to the community and public with the age group ranging from 25 to 75 years. There will be a grand entrance at the corner of the main entrance of the Lido Village. The buildings facade will reflect an image of welcoming, style and design to lure the customer inside the store and to enter the Village itself. Landscaping and lighting will further enhance the Village's entrance. We currently have a parking contract with Lido Village for 24 parking spaces through December 31, 2008, (Please see Attachment 0 ) We would like to provide Valet Parking for the public , not only patronizing Overstreet's but for the public shopping and dining with the other merchants in the Village. Attachments 8 and C provide the requirements of plot plans, elevations, floor plans, and radius maps for notifying the community of our application. (continued on page 3) ATTACHMENT A Continued 3 of 3 ME on page Conditional Use Permit Application for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach - California - 92663 Histo of The Wine Merchant Dennis Overstreet's, The Wine Merchant originally opened in 1972 as a fine wine retail store and wine locker storage facility. Operating in the same location for nearly 28 years, Dennis Overstreet has established his business as one of the landmarks of Beverly Hills, as well one of the cornerstones in the community. The Wine Merchant operates as an exemplary retail busi- ness and sets the highest standard for integrity, business practices and customer relations, as well as providing quality service to the community and visiting consumers. The Wine Merchant offers fine wines, spirits, gifts, accessories and complete customer service between loam to 6pm, Monday through 5aturday. The store's space comprises 2500 square feet of retail selling space, much of which is comfortable seating areas and display space. In February 1995 The Wine Merchant opened Overstreet's Fine wine bar and lounge. In the evening,a portion of the retail wine store becomes an intimate lounge, an atmosphere remi- niscent of any elegant, comfortable "library" with walls covered in wine racks. There are sever- al private rooms that accomodate small groups of 6 to 25 customers for added privacy while entertaining. The-basement of the Bevery Hills store serves as the store's own refrigerated wine stor- age as well as a private cellar for customers to store their own collections in individual lockers. These lockers range in size from 8 cubic feet ( approx. 1.2 ft by 1.5 ft by 4.8 ft high) for a wine storage locker in the wine cellar,down to only 1.2 cubic feet for a cigar storage vault in the walk- in humidor. Each locker is labeled with the individual's name and rents for an annual contract fee of $600.00. The Wine Merchant has a total of 210 wine lockers in the Beverly Hills location. All of these lockers have been rented since inception. The Wine Bar has a dress code which requires jackets for the gentlemen and no hats are permitted. The image of the bar is intended to be one of semi-private "club", harking back to a more elegant, dignified time in history. Summary We have moved our family to Newport Beach because we have carefully selected this community to be our permanent home. A place to raise our children (Patrick is 6 years old and Emily will be 2 years old in March). It is our desire and intention to make our business in Newport Beach a destination - a convenient and pleasant place for the community and neighboring areas. We hope our business will attract other desirable merchants to the area and help enhance the quality of life that Newport Beach offers it present and future residents. S. Floor Plans ' Floor plans shall be fully dimensioned and show the following information: • Overall building and individual room dimensions,including square footage calculations. • All proposed interior walls and partitions. • Room identification. • Window and door locations. C. Eleva ' n Elevations shall be fully dimensioned and show the following information: • Exterior wall openings. • Exterior materials and finishes. • Roof pitches. • All roof mounted equipment and screening. • Heights above grade of all floors,eaves, and ridges. D. Opllon l Materials • Materials board (specifications and samples of type, color and texture of proposed construction materials). • Color photographs of the subject and adjacent properties. Part IV: Other Information and Materials Each application shall be accompanied by the following: A. PrQReIU Owners' List and Assessor's Parcel Maas 1. One set of gummed address labels(Avery 5160 or equivalent)containing the names and addresses of owners of the subject property and properties within a radius of three hundred (300) feet of the exterior boundaries of the subject property (excluding_roads and wa myayslor mumial properties only) shall be submitted. The list shall also contain the addresses of occupants of residentially-zoned property within the required prescribed radius only jf the Planning Department makes the determination that the project is of significant public interest. Additional sets of gummed labels shall be required if the proposed development is appealed or called up for review. 2. An assessor's parcel map(s) indicating the 300-foot radius line and the subject property shall also be submitted. F:\USERS\PLAN\Sl4ARED\i FORMSU PRODATA.DOC 0 This information shall be prepared by a title company or an ownership listing service doing business in y Orange County,utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor's maps, or alternatively, from such other records as contain more recent names, addresses or maps. The information shall be verified by the title company or ownership listing service and be accompanied by a written affidavit. B. Project Description and Justification A statement describing the proposed project in detail. This will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any relevant information which supports the application. Particular attention should be given relating this information to any findings that must be made in order to approve the application (see table below). Required Findings Application Section Transportation Demand Management Ordinance 20.64.040 Establishment of grade by the Planning Commission 20.65.030(B-3) Sign Exception Permits 20.67.045(B) Accessory Outdoor Dining 20.82.050(B) Waiver of location restrictions for massage 20.87.025(B) establishments Modification Permits(General) 20.93.040 For condominium conversions 20.83.025,20.83.035(B) Use Permits(General) 20.91.035 (A) To exceed base development allocations 20.63,040(B or C) To allow mixed use developments with less 20.63.040(E) than 0.25 FAR for commercial development To restore of damage or Destroyed 20.62.070 nonconforming structures Conversion of a Maximum FAR use to a Base 20.63.050(B) FAR use or to a Reduced FAR use,or conver- sion of a Base FAR use to a Reduced FAR use To transfer development intensity 20.63.080(1) To modify or waive of off-street parking and` 20.66.100(A) loading requirements For bars and cocktail lounges 20.82.020(B) For take-out service,limited 20.82.020(C) Variances(See page 8 of application) 20.91.035(B) F:\USERS\PLAN\SHARED\I FORMS\1 PRODATA.DOC 6 , Variances: Required Findings: 1. That because of special circumstances applicable to the property, including, size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of the application is necessary for the preservation and enjoyment "of substantial property rights of the applicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. 4. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. To aid staff in determining that the finding can be made in this particular case please answer the following questions with regard to your request. (Please attach on separate sheet, if necessary.) 1. What exceptional circumstances apply to the property, including size, shape,topography, location or surroundings? Th t b IO CG I't011 is AIIE Tyw oa ' Lido V d t on !a :Lido, 2. Why is a variance necessary to preserve property rights? No Q Q i ui iredl 3.- Why will the proposal not be detrimental to the neighborhood? flo \10- t anca e, ron it F:\USERS\PLAN\SHAREDU FORMS\PRODATA.DOC Environmental 106mgtion Form: The Environmental Information Form is intended to provide the basis information necessary for the evaluation of your project to determine its potential environmental effects. This review provides the basis for determining whether the project may have a significant effect on the environment, as required by state law. After this information has been evaluated by the Planning Department, a determination will be made regarding the appropriate environmental documentation for your project. i FAUS ERSTLAMSHAREDU FORMSU PRODATA.DOC 7 rt Q SEW PORT ti CITY OF NEWPORT BEACH v EO. BOX 1768, NEWPORT BEACH, CA 92658-8915 cgc�F:OVL P PLANNING DEPARTMENT (949) 644-3210 NOTICE OF FINAL APPROVAL FILE COPY DATE: May 11, 2001 TO: Dennis and Christine Overstreet FROM: Planning Director SUBJECT: Use Permit No. 2001-005 This is to confirm that Use Permit No. 2001-005 was approved by the Planning Commission at its meeting of April 5, 2001, and became effective on April 19, 2001. The final findings and conditions of approvals are attached. Any deviation from them or the applications and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: Dennis and Christine Overstreet Location: 3400 Via Lido Description A Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in conjunction with a fine wine retail establishment. The applicant also proposes to conduct periodic on-site wine tasting seminars in the evenings for approximately 30 people with a Type 42-alcohol license. The project requires the consideration of a parking waiver. Should you have any questions, please contact our office. Very truly yours, PLANNING DEPARTMENT Patricia L. Temple, Director By auti� Ging6l Varin Executive Secretary Planning Commission Enclosure: Approved Planning Commission minutes with Final Findings and Conditions of Approval ❑ Approved Council minutes with Final Findings and Conditions of Approval ❑ Approved minutes cc: Property Owner (if not applicant) 3300 Newport Boulevard, Newport Beach r • City of Newport Beach Planning Commission Minutes FILE CO PY April 5,2001 INDEX SUBJECT: Dennis b Chris Overstreet Item No.5 3400 Via Lido PA2001-025 0 PA2001-025(UP2001-005) (UP2001-005) A Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in Approved conjunction with a fine wine retail establishment. The applicant also proposes to conduct periodic on-site wine tasting seminars in the evenings for approximately 30 people with a Type 42-alcohol license. The project requires the consideration of a parking waiver.- Mr. James Campbell, Senior Planner, commented that the project is located at the comer of via Lido and Via Oporto and noted that the site has no parking and they are relying on the Lido Marina Village Parking garage.. Mr. Campbell said that project approval requires a parking waiver. Mr. Campbell presented to the Commission a supplemental staff report because staff inadvertently put in the incorrect crime statistics in the original staff report. The ABO ordinance requires us. to evaluate the alcohol beverage outlet pursuant to some factors including crime statistics and over-concentration of liquor licenses in the area. Mr. Campbell said that staff prepared the report using the 1999 statistics for the Commission's consideration. The crime rates and concentrations are slightly better than were in 1998 but that does not change the fact that this is an over: concentrated area in terms of the number of licenses as well as the area has one of the higher crime rates in the City. Mr. Campbell said that the Via Lido parking garage inventory contained in the staff report is an outdated version and the correct one is attached to the supplemental staff report. Mr. Campbell said that the survey does not change the fact the parking garage is over allocated during the daytime and during the evening hours it is not and that this is something that should be considered. Mr. Campbell said that staff wanted to discuss a minor condition change to Condition No. 4 that referenced the wrong unit. It should be Unit B in Condition No.4. Mr. Campbell referred to Condition No. 19 that relates to valet parking services and said that it would imply that valet parking is required at all times. Mr. Campbell explained that the valet item is an amenity that the applicant wants to provide for the use for the educational and wine tasting sessions. Staff did not look at the valet requirement as being a mandatory factor in the consideration of the parking waiver. Staff wants to change the condition to 9 they provide valet parking service it would be subject to the review of the Traffic Engineer in the Public Works Department. Mr. Campbell stated that staff recommends approval of the alcohol beverage outlet and feel that the way the permit is structured and how the conditions link these two operations together, it would not permit the use of these licenses by almost anyone else unless they operated the same operation that the Overstreets are proposing. 13 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX Chairman Selich said that it appears the basis upon which they are granting the parking waiver is the fact that they have an off-site parking management plan and asked if the Commission approves this with that parking waiver and one of the keys to it is the proposal to use 22 parking spaces in the garage, and the reason we are not using our standard off-site agreement is because it cannot meet the.c6teria of our standard off-site agreement but since this is a part of a parking management plan and we are waiving the parking based on that, if the agreement with the parking garage ceases to exist, does that mean the applicant has to come back to the Planning -Commission with another parking solution? Mr. Campbell said that is correct, and that Condition No. 18 requires that they provide 21 parking spaces in the Lido ,Marina Parking garage. Chairman Selich said that as long as they are in compliance with the Parking Management Plan, which controls the number of spaces they have, but if they lose the spaces and they cannot continue to operate, they would have to come back to the Planning Commission to seek relief from that or have the spaces or cease operation one way or another. Staff responded yes. Commissioner Gifford asked about the idea of how many uses occur simultaneously. She said that her question has more to do with what the definition of the site is because the wine tasting seminars are scheduled for evenings and almost all of Lido Marina Village is shut down in the evening in terms of the retail operations. Commissioner Gifford asked if "site" is not broad enough to include all of the parking that is available? Is the site Lido Marina Village or the building? Mr. Campbell said the site is the building. The use of the parking garage and the use of the spaces that are in the Village area are a factor that could be considered in the parking waiver. Mr. Campbell said that most of the uses in the evening hours are closed and there is less parking demand at that time. Commissioner Gifford noted that the other two uses operated at similar hours of operation and asked what two uses are referred to specifically. Mr. Campbell said that particular finding is setup for a larger site with multiple uses that are not operating at the same time. In this particular case, the site is the property, which are really the retail aspect as well as the wine tasting. Commissioner Gifford said that it is not Lido Marina Village but that parcel of property. Commissioner Kiser asked if there were any telephone calls or written responses to the Public Notice sent out by the City from anyone either objecting or supporting the application. Mr. Campbell responded that he had not received any telephone calls or letters from anyone. The applicant submitted a petition of endorsement. Commissioner Kiser referred to Condition No. 5 and asked how they differentiate the proposed use from an eating and drinking establishment and the evening use. How is this put in the non-eating and drinking establishment category? Mr. Campbell referred to the floor plan, Suite A and Suite B. Suite A is the retail portion and Suite B is the on-site consumption portion. Staff structured this permit to authorize the retail sale of alcohol beverages and are indicating that the on- 14 • • City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX site wine tasting, which is in a separate suite, is accessory to that use. Therefore, this use permit does not authorize an eating and drinking establishment. The on- site consumption license is the same license you would have at a wine bar. With this use permit, it is restricted as accessory to the retail use and you could not operate a bar or anything other than accessory wine tasting. Commissioner Kiser asked what is accessory to another use? If it turned out that this use of the wine tasting ended up being 60 percent of the revenue of the business, would that then make it less of an accessory use? Mr. Campbell commented that typically accessory would be less than 50 percent. This particular retail establishment would have to be limited to 20 percent pursuant to the definitions of the Zoning Code, so they would fall below 20 percent. The on-site consumption aspect is accessory but no more than 20 percent of the overall activity of the entire operation. Ms. Wood noted that the Code definition of accessory use does not have anything quantifiable in it. It means "a use that is appropriate, subordinate and customarily incidental to the main use of the site, which is located on the main site of the use." Commissioner Agajanian asked what the hours of operation for the wine tasting were. Mr. Campbell said it would be 1 p.m. to 11 p.m. Commissioner Agajanian asked how Suite B could be incidental after 7 p.m. Mr. Campbell said they are measuring it based on the overall use and it would average out over the entire use of the facility. Commissioner Agajanian asked if during the hours that Suite B is open, do the doors need to remain open to the public? Mr. Campbell responded yes. Commissioner Agajanian asked if any adult could walk in, and Mr. Campbell responded that they have to be 21 years old. Commissioner Agajanian asked if they could sit down and order wine, and Mr. Campbell responded yes. Commissioner Agajanian asked how that would differentiate an eating and drinking establishment from a bar? Commissioner Kranzley said he would like to continue that line of thought and wanted it understood that it was not specific to the Overstreets. In theory, Thursday, Friday and Saturday nights you could walk into this establishment or any subsequent establishment that falls under this use permit, purchase a glass of wine, buy food because the applicant has suggested, in their letter, they will have food that will include sandwiches, salads, etc. Commissioner Kranzley said that, in Condition No. 5, the approval does not permit the premises to act as an eating and drinking establishment, he does not understand that. Commissioner Gifford asked to have the applicant clarify it for them. She said when she read the condition it was her understanding that if you conducted wine-tasting seminars, they would be ticketed events. The idea that the room could be used from 1 p.m. to 11 p.m. would be that they could conduct seminars on the weekends and Castings in the evenings. Commissioner Gifford referred to a second optional finding they could make about parking and relying on the Lido Marina Village parking garage and asked about all the metered parking on the street that typically is not used at that hour and is available. Is that because of a requirement to provide on-site parking? 15 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX Mr. Campbell said yes. Commissioner Gifford referred to the closest Municipal Parking Lot located at the corner of Villa Way and 30th Street and asked if there was a public parking lot next to the Elks Club at the end of the street? Mr. Edmonston responded there is but the City has entered into an agreement with the Elks, which gives them the exclusive use of most of that lot from 6 p.m. to 6 a.m.,seven days a week. Commissioner Tucker referred to Condition 1, the second sentence and said he was under the impression that the seminar room was going to be for wine tasting as a lead in to the sales from the liquor store portion. He said he was confused how this Condition ties in with the concern about it becoming a bar. Public Hearing Opened Chairman Selich asked the applicant to come forward and said the question is how does the wine tasting operate subordinate to the retail portion of their operation and what assurances do they have that it will not become a bar, either through the applicant or some other owner. Dennis Overstreet, applicant, 128 Via Trieste. Mr. Overstreet commented that he has run the Wine Merchant in Beverly Hills for three decades and that his operation is unique in the fact that they have wine tasting on site in conjunction with their retail sales. Mr. Overstreet said the ABC came up with the Type 42 license, which is primarily a wine-tasting license. Mr. Overstreet said that they wanted their retail license to run at the same time as the on-sale license. Christine Overstreet commented that she wanted to clarify that they understand the concerns of an 11 p.m. hour. People who are drinking later in the evening are more inebriated than those drinking earlier in the evening. Mrs. Overstreet said that their recommendation would be that,should the tasting room close at 8 p.m., three nights a week, that the retail part would have to close at the same time since the conditional use permit is recommending that the two licenses work hand in hand. Mr. Overstreet commented that, in purchasing the property, it was his understanding that they have a dedicated amount of spaces that are in the Lido Parking Garage that went along with the purchase of the building. Mrs. Overstreet said the agreement is through 2008 and that they also have an off-site parking agreement with the City of Newport Beach that went into effect 1975 and it is still in effect. Mrs. Overstreet said that to make sure they had enough parking, they went to California Parking Services, the management of the parking structure for Lido Marina Village, and have come up with a contract that would guarantee 22 spaces from 10 a.m. until closing. Mrs. Overstreet said in reference to valet parking, they spoke with Mr. Edmonston, the Fire Marshall and Mr. Campbell and it has been determined through the Lido Marina Village owner that they could have space and have a valet parking situation. Commissioner Tucker referred to Condition No. 3 and asked if the wine tasting 16 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX would be open 7 days a week but the educational seminars would be up to 3 days per week? Mr. Overstreet said it would probably be a 5 to 6 day a week type of operation. Commissioner Tucker asked staff if they looked at what is involved in a Type 42 liquor license, the application form, and the restrictions the ABC has? Mr. Campbell said that the Police Department would know better what the ABC restrictions are. Commissioner Tucker asked if Mr. Overstreet anticipates selling a glass of wine to a person who happens on his premises at 9 p.m. on a Friday night who is interested in drinking and not into wine tasting? Do you contemplate selling wine by the glass in the tasting area? Mr. Overstreet responded yes they do, and they have had 100 residents sign a petition endorsing they would like to see this type of operation. Commissioner McDaniel asked what is to keep someone from stumbling in and getting three glasses of wine and hit the road again and what is the difference between that and a bar? Mr. Overstreet responded that they are a fine wine merchant and the standard for the products they carry is raised very high. Mr. Overstreet said they own the property and have a vested interest. Chairman Selich commented that they understand what the operation is and what the clientele that he is trying to attract to his business. Commissioner Agajanian asked how detrimental would it be to their operation if the Type 42 license operating hours was restricted to 9 p.m. instead of 11 p.m. Mr. Overstreet responded that it would get a little oppressive for adults and noted that they suggest their clientele have a meal before they go to a wine tasting. Commissioner Agajanian asked if they were intending on offering any table service in Suite B to the seats aside from the bar? Mr. Overstreet said probably not. Chairman Selich asked if no table service would be an acceptable condition on the use permit? Mr. Overstreet said yes. Commissioner Kiser asked if they are assuming that the wine tasting serving sizes will be typical of the serving sizes one would get in a restaurant if they were to order a glass of wine? Or will they be more of a sample size with a few ounces of wine? Mr. Overstreet responded it would probably be a sample size. Commissioner Kiser asked if they would consider a normal retail price for the samples or would he be giving away the samples? Mr. Overstreet said they would have at least a retail plus mark-up price. Mrs. Overstreet said the idea is to educate yourself without getting inebriated so you have 1/2 ounce to an ounce of three wines. Commissioner Kiser suggested if they were able to lawfully restrict that wine-tasting side of the shop to be served only in 1 ounce maximum servings, would they have a problem with that? Commissioner Kiser asked if they were talking about the classes only where they would receive the 3 ounces of wine? Mrs. Overstreet said not necessarily, it runs the gamut. Commissioner Gifford commented, in trying to structure something that did not 17 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX detract from their business, but gives the Commission confidence that a different operator who might come in the future, the permit would not have the latitude to have a significantly different operation. Commissioner Gifford asked Mr. Overstreet if he would have any objection to a condition that required that service in the wine bar would be made in Riedel stemware. Mr. Overstreet said no and would welcome that type of situation to ensure that wine appreciation is taking place rather than just tourism going from winery to winery for consumption. Mr. Overstreet also suggested a requirement is made that there is a minimum $10.00 cover that could be applied towards purchase of wine from the retail aspect. Commissioner Gifford asked if they would consider a condition that they not serve beer? Mr. Overstreet responded yes. Commissioner Tucker said he would like to clarify Condition 18 concerning the parking spaces,which is saying if they do not have a parking agreement at some point, they do not have a use permit. In other words, if they have a month to month parking agreement or one that expires in three or eight years, if they do not come back to the Commission to get a replacement use permit agreed upon, they will not have a use permit to operate. Mr. Overstreet said he understood that. Commissioner Tucker said he was not sure how he felt about requiring the applicant to have a cover charge or the type of stemware as a condition. Commissioner Gifford said that it is unusual to provide this as a condition, but the Riedel stemware alone would take care of any concerns they might have of what could happen in the future. Commissioner Gifford noted with respect to the hour of closing and said it has been her experience when a wine tasting event is over, people linger and talk about what they might order and the idea of 11 p.m. does not necessarily mean that people will still be doing the tasting but it would seem like a reasonable hour. Commissioner Gifford expressed that if they have some condition that locks someone into a level of service that will require a certain pricing and not become a neighborhood bar, that would serve their purpose. Public Hearing Opened Christina Grace of Lido Island said that she has been to the Overstreets Wine Merchant in Beverly Hills and it is a lovely establishment. Ms. Grace supports it and urged the City to support it because it is for the betterment of the community. David Roster encouraged everyone to see the Wine Merchant in Beverly Hills and supports the applicant. Diana Chaumis of Lido Isle supports the applicant and urged the City to keep the sales tax in Newport Beach. 18 0 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX Public Hearing Closed Commissioner Tucker suggested that they come up with some type of resolution and conditions that would allow this use to go forward. Commissioner Kranzley expressed he felt the Overstreets would bring a quality to Lido Marina Village that they need. Commissioner Kranzley said that he did not see anything in the conditions that would prohibit the next person who owns this establishment from having an eating and drinking establishment. Mr. Campbell commented that he mentioned earlier about a 20 percent limitation and that is a definition in the Zoning Code for retail establishments for food and beverage sales for on-site consumption for example in a grocery store you could have on-site consumption as long as those transactions do not exceed 20 percent and they are not defined as an eating and drinking establishment. Twenty percent limitation on transactions is something that the Overstreets can and will comply with. If it were to exceed 20 percent of their transactions, then they would be classified as an eating and drinking establishment, which is not authorized by this use permit and they could not become a bar. Commissioner Kranzley noted that it could become a bar if were a very successful liquor store. Commissioner Kranzley commented that his sympathy goes with the Overstreets because they purchased a property at ground zero of alcohol related crimes in the City of Newport Beach. Commissioner Kranzley stated that they do want to keep revenues in the City of Newport Beach but the City spends a disproportionate amount of the budget in trying to keep the peace in District No. 15 and that is the problem in the Cannery Area and Lido Marina Village. Commissioner Kranzley expressed regret that he could not support this project in this area. Commissioner Kiser commented that the 20 percent limitation would naturally have an effect on the amount of on premises consumption of wine because the applicant would want and need to keep a close watch on what percentage was going out in their gross receipts in the tasting versus the off-sale. That would have a limiting effect on it that they would not be entertaining people coming in off the street just for a glass of wine. Commissioner Agajanian asked if there was anybody who could speak to the limitations to the Type 42 type of license. Mr. Campbell responded that he did not see a representative from the Police Department and that he could not. Chairman Selich asked Mr. & Mrs. Overstreet to give a brief summary of the limitations on the Type 42 license. Mrs. Overstreet responded that, as for as she knew, it is limited to wine and beer only. She said their use permit would not allow beer, so it would be limited to wine only. Commissioner Agajanian asked how it would differ from the bar down the street that wanted to sell beer and wine? Mr. Overstreet commented that this goes back to 1973 when Type 42 was originally thought up for wine stores to be able to have on-site wine tasting. But unfortunately, the Legislature did not restrict it to say that the general public could not come in and buy a glass of wine or beer. That was the whole concept of this law originally. Mr. Overstreet said it is the some license that the wineries are 19 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX using. Commissioner Agajanian asked how it differs from a regular beer and wine license? Mr. Overstreet said that it does not. Commissioner Tucker said he would defer to the Police Department, which does not seem to believe that this particular use in this location will contribute to an alcohol related problem in the area. Commissioner Tucker said he would be supportive of this use in this location. Commissioner Kiser said he would be concerned about the cover charge and tying the applicant to a particular manufacturer that might become scarce or go out of favor. Commissioner Kiser brought up the possible limitation of evening hours of the on-site portion to bringing it back one hour to 10 p.m. so that it would restrict the potential future operator from creating a bar. Motion was made by Commissioner Kiser to approve Use Permit 2001-005 with the following revisions to the Conditions of Approval: Commissioner Kranzley remarked that, after listening to the discussions of the other Planning Commissioners, having reviewed his notes with regards to the various limitations that have been placed and the additional limitations that have been placed, and his desire to have high quality businesses on the Peninsula, he was reversing what he said prior and will be supporting this motion. Commissioner Agajanian commented that he was concerned whether the hours are open to the general public or whether you can be operating that wine tasting room and still have the doors closed to the public. Commissioner Agajanian asked what the Type 42 license either allow or permit you to do? Commissioner Agajanian said that he would support continuance on this project because he is not prepared. There was no answer to Commissioner Agajanian's question. Commissioner Kranzley suggested adding a Condition where receipts are reviewed annually by the City. Substitute motion for Condition No. 34 was made by Commissioner Gifford that would not require an annual audit of receipts and that the Condition would be enforced by the factual observations by the Police Department or others in the way of complaint, they would have the ability to audit and is consistent with what they do with other businesses. Commissioner Kiser accepted the substitute motion as an amendment to his motion. Ayes: McDaniel, Kiser,Selich, Gifford, Kranzley,Tucker Noes: None Abstain: Agajanian Commissioner Kranzley requested that, the next time they have an alcohol permit, staff to have either the language of the ABC permit or someone from the Police Department present to answer the question. 20 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX EXHIBIT NO.4 FINDINGS AND CONDITIONS OF APPROVAL FOR PA2001-025(U P2001-005) Findings: 1. The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" use. Retail sales of alcoholic beverages and accessory wine tasting and wine educational seminars is permitted use within this commercial designation. The structure that the proposed use will occupy is legal, nonconforming with respects to the maximum floor area ratio. The proposed project does not increase the gross floor area of the building. Therefore, the proposed project is consistent with the General Plan Land Use Element and Local Coastal Program. 2. The project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act as it permits the continued operation and minor alteration of existing facilities with negligible or no expansion of use. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) and will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: a. The primary and principal function of the proposed alcoholic beverage outlet is as a retail establishment for the sale of general alcoholic beverages for off-site consumption. On-site consumption of beer and wine is limited to wine tasting and shall be accessory and subordinate to the principal retail use. b. The primary retail use requires accessory wine tasting and wine education seminars. c. The accessory wine tasting may not be converted or otherwise become a restaurant bar, tavern, cocktail lounge, and night club. d. The hours of operation of the principal and accessory use is sufficiently restricted to prevent negative effects of alcohol sales and service. e. Conditions of approval have been included which should prevent problems associated with the sale and service of alcoholic beverages. f. Off-site parking is available for the use within the Lido Marina Village parking garage and the site is not authorized as an eating or drinking 21 - • i City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX establishment as defined by the Zoning Code which could generate increased parking demand. g. No live entertainment is permitted and a special events permit is required for any event outside the normal operating characteristics of the proposed alcoholic beverage outlet. 4. The waiver of 21 parking spaces in this case will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: a. The project includes a parking management plan that provides 22 parking spaces in the Lido Marina Village parking garage at all time the use is open for business. b. The project parking management plan includes the use of valet parking for in conjunction with the Lido Marina Village parking garage when the proposed educational seminars will occur. C. The project is not authorized as an eating or drinking establishment as defined by the Zoning Code which could generate increased parking demand. Conditions: 1. The alcoholic beverage outlet is hereby defined as a retail establishment for the sale of general alcoholic beverages for off-site consumption as the primary and principal use of the project site. On-site consumption of alcoholic beverages shall be limited to wine tasting and shall be accessory and subordinate to the principal retail use and sales shall not exceed 20 percent of gross sales. The retail use is prohibited from operation without the accessory wine tasting use. 2. The interior area authorized for on-site consumption of beer and wine in conjunction with a Type 42 alcohol license shall be limited to 1,263 sq. ft. as delineated on the approved floor plans as "Unit B." The interior area authorized for the retail sales for general alcoholic beverages for off-site consumption in conjunction with a Type 21 alcohol license shall be limited to 1,328 sq. ft. as delineated on the approved floor plans as "Unit A." The development shall be in compliance with the approved floor plans dated April 5, 2001. Substantial changes to the floor plans shall require prior approval by the Planning Commission. Any increase in area of either Unit A or Unit B shall be seemed deemed substantial for the purposes of requiring review by the Planning Commission. 3. The hours of operation shall be limited to 10:00AM to 7:QQRAA 11:OOPM daily for the retail portion of the project and 1:OOPM to 11:OOPM daily for the wine tasting and wine educational activities. Organized 22 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX educational seminars shall not be conducted more than 3 days per week and wine tasting, open to the general public may occur, any day during authorized hours. 4. The service for on-site consumption of beer and wine of shall be restricted to the interior of Unit A B as identified in Condition No. 2, unless approved by the Planning Commission, Police Department and the California Board of Alcoholic Beverage Control 5. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 6. The sale of distilled spirits shall not exceed 15%of gross receipts of all off- site alcohol sales. The applicant or operator shall maintain adequate records to determine compliance with this condition and shall provide the city said records when requested. 7. Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. 8. 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. 9. The exterior of the 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. 10. 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. To qualify to meet the requirements of this section a 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 these conditions within 180 days of the effective date of this Use Permit. H. 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 23 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX of the City of Newport Beach. 12. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 13. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter (Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 14. A special events permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would increase the expected occupancy beyond 29 patrons and 6 employees at any one time or any other activities as specified in the Newport Beach Municipal Code to require such special events permit. 15. This use permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 16. 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 permit. 17. Should this business or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner/operator. Future owners, operators or assignees shall submit,within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 18. The owner/operator of the proposed use shall enter into an agreement to provide and maintain a minimum of 21 parking spaces within the Lido Marina Village Parking garage to be accessible at all times during the operation of the use. 19. The applicant or operator of the facility s4G4 may provide valet attendant service for the use in conjunction with the Lido Marina Village parking garage. The applicant or operator shall prepare a valet operated parking plan to be reviewed and approved by the PubliE 'NeFks-9epGF4FneRf City Traffic Engineer prior to the commencement of 24 City of Newport Beach Planning Commission Minutes April 5, 2001 INDEX the valet service use. 20. Delivery vehicles shall not park within the public right-of-way of Via Lido and Via Oporto. 21. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 22. Trash generated by the business be screened from view from adjoining properties except when placed for pick-ups by refuse collection agencies. 23. No outdoor loudspeaker or paging system shall be permitted in conjunction with the operation. 24. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 25. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 26. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-site or off-site, to advertise the restaurant. 27. The project shall comply with State Disabled Access requirements. 28. A handicapped assessable public restrooms are required. The restrooms must be in compliance with the Uniform Plumbing Code and all applicable Uniform Building Code requirements. 29. Health Department approval is required before issuance of a building permit. 30. Where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 31. The facility and related off-street parking shall conform to the requirements of the Uniform Building Code. 32. 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 25 1� -t City of Newport Beach Planning Commission Minutes April 5,2001 INDEX insure compliance. 33. The operator 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 Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 a.m. Interior Exterior Interior Exterior Measured at the property One of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property fine of commercially zoned property N/A 60 dBA N/A 50 dBA Residential Property: 45 dBA 55 dBA 40 dBA 50 dBA 34. Gross receipts shall be reviewed aefweliy by the City for purposes of compliance with the requirements of the Zoning Code and Use Permit if the use is believed to be operating in non-compliance. SUBJECT, Dr.George Katcherian Item No. 6 4263 Birch Street Use Permit 3692 • Use Permit No.3692 Amendment fo-q previously approved Use Permit authorizing the.construction of Approved a 2,972 square footvyeterinary hospital and indoor kennel and a 460 square foot animal crematorium structure. The proposed amendment eliminates the indoor kennel and would relocate he existing crematorium to a new 3,000 square foot storage building. Senior Planner James Campbell noted that the use permit was approved several years ago. The applicant cons)ructed the crematorium structure and since then has been collecting a lot of equipm` ent and storing it outdoors. It has come to our attention that this material isbejng inappropriately stored in the back. The applicant is now suggesting to build,,approximate 3,000 square foot storage building in the rear of the property; reloc t the crematorium to this new building and leave the new storage area within fhenew building for his equipment. I would like to add a condition of approval due'tq the fact that this request to amend the use permit has come about due to a violation of code for the outdoor storage. The condition would be that, 'The cpplicant shall file for a building permit within 30 days of the effective date of the permit, and that all outdoor storage of materials shall terminate within 30 days of Nndi 26 EXHIBIT NO.4 FINDINGS AND CONDITIONS OF APPROVAL FOR PA2001-025(UP2001-005) Planning Commission approval 04/05/2001 Findings: 1. The Land Use Element of the General Plan designates the site for "Retail and Service Commercial' use. Retail sales of alcoholic beverages and accessory wine tasting and wine educational seminars is permitted use within this commercial designation. The structure that the proposed use will occupy is legal, nonconforming with respects to the maximum floor area ratio. The proposed project does not increase the gross floor area of the building. Therefore, the proposed project is consistent with the General Plan Land Use Element and Local Coastal Program. 2. The project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act as it permits the continued operation and minor alteration of existing facilities with negligible or no expansion of use. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) and will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: a. The primary and principal function of the proposed alcoholic beverage outlet is as a retail establishment for the sale of general alcoholic beverages for off-site consumption. On-site consumption of beer and wine is limited to wine tasting and shall be accessory and subordinate to the principal retail use. b. The primary retail use requires accessory wine tasting and wine education seminars. c. The accessory wine tasting may not be converted or otherwise become a restaurant bar,tavern,cocktail lounge, and night club. d. The hours of operation of the principal and accessory use is sufficiently restricted to prevent negative effects of alcohol sales and service. e. Conditions of approval have been included which should prevent problems associated with the sale and service of alcoholic beverages. f. Off-site parking is available for the use within the Lido Marina Village parking garage and the site is not authorized as an eating or drinking establishment as defined by the Zoning Code which could generate increased parking demand. g. No live entertainment is permitted and a special events permit is required for any event outside the normal operating characteristics of the proposed alcoholic beverage outlet. 4. The waiver of 21 parking spaces in this case will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: a. The project includes a parking management plan that provides 22 parking spaces in the Lido Marina Village parking garage at all time the use is open for business. b. The project parking management plan includes the use of valet parking for in conjunction with the Lido Marina Village parking garage when the proposed educational seminars will occur. C. The project is not authorized as an eating or drinking establishment as defined by the Zoning Code which could generate increased parking demand. Conditions: 1. The alcoholic beverage outlet is hereby defined as a retail establishment for the sale of general alcoholic beverages for off-site consumption as the primary and principal use of the project site. On-site consumption of alcoholic beverages shall be limited to wine tasting and shall be accessory and subordinate to the principal retail use and sales shall not exceed 20 percent of gross sales. The retail use is prohibited from operation without the accessory wine tasting use. 2. The interior area authorized for on-site consumption of beer and wine in conjunction with a Type 42 alcohol license shall be limited to 1,263 sq. ft. as delineated on the approved floor plans as "Unit B." The interior area authorized for the retail sales for general alcoholic beverages for off-site consumption in conjunction with a Type 21 alcohol license shall be limited to 1,328 sq.ft.as delineated on the approved floor plans as"Unit A."The development shall be in compliance with the approved floor plans dated April 5,2001.Substantial changes to the floor plans shall require prior approval by the Planning Commission. Any increase in area of either Unit A or Unit B shall be deemed substantial for the purposes of requiring review by the Planning Commission. 3. The hours of operation shall be limited to 10:00AM to 11:OOPM daily for the retail portion of the project and 1:00PM to 11:OOPM daily for the wine tasting and wine educational activities. Organized educational seminars shall not be conducted more than 3 days per week and wine tasting, open to the general public may occur, any day during authorized hours. 4. The service for on-site consumption of beer and wine of shall be restricted to the interior of Unit B as identified in Condition No. 2, unless approved by the Planning Commission, Police Department and the California Board of Alcoholic Beverage Control. 5. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 6. The sale of distilled spirits shall not exceed 15% of gross receipts of all off-site alcohol sales. The applicant or operator shall maintain adequate records to determine compliance with this condition and shall provide the city said records when requested. 7. Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. 8. 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. 9. The exterior of the 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. i 10. 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. To quality to meet the requirements of this section a certified program must meet the standards of the Cafifomia Coordinating Council on Responsible Beverage Service or other certifying/licensing body,which the State may designate.The establishment shall comply with the requirements of these conditions within 180 days of the effective date of this Use Permit. 11. 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. 12. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 13. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter(Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 14. A special events permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would increase the expected occupancy beyond 29 patrons and 6 employees at any one time or any other activities as specified in the Newport Beach Municipal Code to require such special events permit. 15. This use permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 16. 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 permit. 17. Should this business or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner/operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a h letter to the Planning Department acknowledging their receipt and acceptance of the `V limitations,restrictions and conditions of approval of this Use Permit. �`"�►`17 18 The owner/operator of the proposed use shall enter into an agreement to provide and maintain a minimum of 21 parking spaces within the Udo Marina Village Parking garage to be accessible at all times during the operation of the use. 19. The applicant or operator of the facility may provide valet attendant service for the use in conjunction with the Lido Marina Village parking garage. The applicant or operator shall prepare a valet operated parking plan to be reviewed and approved by the City Traffic ` Engineer prior to the commencement of the valet service use. 20. Delivery vehicles shall not park within the public right-of-way of Via Udo and Via Oporto. 21. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 0 ` 22. Trash generated by the business be screened from view from adjoining properties except when placed for pick-ups by refuse collection agencies. 23. No outdoor loudspeaker or paging system shall be permitted in conjunction with the operation. 24. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 25. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 26. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-site or off-site, to advertise the restaurant. 27. The project shall comply with State Disabled Access requirements. 28. A handicapped assessable public restrooms are required. The restrooms must be in compliance with the Uniform Plumbing Code and all applicable Uniform Building Code requirements. 29. Health Department approval is required before issuance of a building permit. 30. Where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 31. The facility and related off-street parking shall conform to the requirements of the Uniform Building Code. 32. 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. 33. The operator 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 Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 a.m. Interior Exterior Interior Exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of commercially zoned property N/A 60 dBA N/A 50 dBA Residential Property: 45 dBA 55 dBA 40 dBA 50 dBA 34. Gross receipts shall be reviewed welly by the City for purposes of compliance with the requirements of the Zoning Code and Use Permit if the use is believed to be operating in non- compliance. I ATTACHMENT A page 1 of 4 Conditional Use Permit Application REVISED 3/7/01 for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach, CA 92663 - 949-290-3395RECE►VED EY PLANMNG DEPARTMENT submitted by CITY nF NPR jpnp?T [:,EACH Dennis and Christine Overstreet hAR 12 L00I 128 Via Trieste - Newport Beach, CA 92663 AM PM (949) 675-4836 - FAX (949) 723-0804 ?t819iI0�11iI��1i2�3t4t5t6 Proposed Newport Beach Location for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach - California - 90210 ****Please note: Attachments B and C provide the requirements of plot plans, ele- vations, floor plans, and radius maps for notifying the community of our application. Summary & Background Dennis Overstreet, owner of Overstreet's and The Wine Merchant in Beverly Hills has served the residents and community of Beverly Hills as well as an internation- al "who's who" clientele for over 28 years. He has been nominated as one of the top 10 wine retailers, in the United States by Marvin Shankin, publisher of The Wine Spectator, numerous times in the past 15 years. (This year, Overstreet is again being honored as one of the top retailers in the United States on March 22, 2001 in New York). Dennis Overstreet has written two published books, is an international wine authority as well as guest to various television shows/series including, Dinah Shore, Good Morning Los Angeles with Regis, Martin Short Show, "Hotel", and numerous guest spots for AM San Francisco and AM Seattle and numerous radio talk shows. Overstreet's retail shop and tasting bar serves the discriminating adult public who need a place to relax and reflect in a club-like - "living room" atmosphere and acquire the unique and special wines of the world. Overstreet's is (will be)designed and operated like a ref ined London shop where the merchandise represents the best and uncommon items rather than the common- place. The service is personable, but not obtrusive. The atmosphere is sophisticated and comfortable, not intimidating. Dennis and Chris Overstreet have a vested interest in this new business location: 1st) they are home owners in Newport Beach where they raising their two children and 2nd) they are property owners of two buildings in Lido Village, 3400 and 3404 Via Lido. This retail establishment is a welcome and long await- ed addition to the Lido Peninsula. Overstreet's is akin to Richardson's and Ports O'Call that well served the residents of Newport Beach. Overstreet's will provide a service that is not currently available. Presently, Newport residents are driving to Costa Mesa and Santa Ana and even Beverly Hills to fulfill these retail needs. The City of Newport Beach offers an overwhelmingly pleasant environment in which to live and work. Overstreet's will be a beacon, attracting other desirable ATTACHMENT A page 2 of 4 Conditional Use Permit Application REVISED 3/7/01 for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach, CA 92663 businesses to the Lido Peninsula of Newport Beach. It will enhance our lifestyle. Overstreet's pro- vides service and delivery in a responsible manner, placing the customer and the community as a first priority guaranteeing quality, service and safety. SCOPE: The retail store nit A License � 21 _ General O -s le will operate during the hours of 10.00 am to 7.00 pm. We would like to close the store at least one to two days a week, but the needs of the community need to be considered before this final decision can be made. Delivery is an important part of our retail establishment. Delivered merchandise makes up more than 60% of our sales from our Beverly Hills location. The Wine tam room Wnit j = License lype 42 = On-Sale Wine and Beer will be open from 1:00 pm to 11:00 pm, No person under the age of 21 years is permitted in the tasting room (unit B) as set forth in the Dept. of ABC regulations. As merchants to the Newport Beach community, we wish to establish this shop as a des- tination - become a beacon for the Lido Marina Village, offering the finest quality products and service to the surrounding residents, as well as the boating/sailing enthusiasts and merchants and visitors to the Lido Village, and provide home delivery service for wines and specialty food products. Projected Time ine: February 2001 - Submit Use Permit applications and plans to the City of Newport Beach Planning Commission and submit completed Applications to the Dept. of Alcoholic Beverage Control (ABC) for License Posting for 3400 Via Lido. License Posting for TYPE 21, General Off-Sale was Posted February 7 - March 9, 2001. License Posting for TYPE 42 - On-Sale Wine License for the Tasting Room will be posted approximately April 16, 2001. March/ 2001 - Submit plans to Building department for permits and Planning Department March/A riI - Make improvements to interior and exterior to Unit A - retail store March 22 - Begin Use Permit Review by the Planning Commission City of Newport Beach ATTACHMENT A Continue page 3 of 4 Conditional Use Permit Application REVISED 3/7/O1 for Overstreet's at The Wine Merchant 3400 Via Lido - Newport Beach - California - 92663 Projected Time Line continued: April/June - Make exterior and interior improvements for Unit B - for the tasting room. a r 2001 - Open Unit A of 3400 Via Lido Retail store upon approval of CUP application ABC License Type 21 General Off-Sale and all appropriate City approval. June 2001 Obtain license for Unit B - Type 42 On-Sale Wine for the tasting room. Open tasting room in June. Our application requests a conditional use permit to operate a full-scale retail fine wine and spirits store (TYPE 21 GENERAL OFF-SALE) and to operate a wine tasting room in the des- ignated space (TYPE 42 ON-SALE WINE ) The retail store (Unit A) will offer delivery, full service, gift baskets, gift wrap, acces- saries and a cheese tasting/food counter, offering alight menu, such as boxed lunches. The wine tastings will be composed of informal wine tastings and educational classes and tastings for groups of no more than 30 people. The retail store will have a living room atmosphere where the public can peruse our fine wine selections, as well as enjoy our extensive library of books on wine, art, travel, sailing, cruis- ing, architecture, arts and entertainment. The theme for the store will be have a nautical touch with a Ralph Lauren interior design feel. There will be comfortable chairs, ottomans and couch- es for customers to relax in while perusing the inventory and the library. Food service in the tasting room (Unit B) will be kept to a limited menu and will be accom- modated by a small, efficient kitchen. The simple menu will including boxed hampers that may include sandwiches, salads, imported cheeses and antipasto items. The store will also include a selection fine gourmet items for purchase such as caviar, smoked salmon, cheeses, pates, breads, condiments and ancillary products. The inventory will represent the ultimate in wine, spirits and small selection of gourmet foods to go. Because of Dennis Overstreet's long standing relationship for over 30 years with suppliers, the inventory will represent the absolute best and the rarest of wines. Our merchan- dise will appeal to the discriminating adults, both amateurs and connoisseurs. Q ATTACHMENT A Continued 0 page 4 of 4 Conditional Use Permit Application Revised 3/7/01 for Overstreet's at The Wine Merchant 3400 Via Lido • Newport Beach - California - 92663 - 949-290-3395 There will be a separate entrance for Unit A (retail shop) and Unit B (tasting room/living room). A door will connect the store and the tasting room. Unit B, dedicated to the License T type 42, will only permit adults who 21 years and older. The buildings facade will reflect an image of welcoming, style and design to lure the customer inside the store and to enter the Village itself. Landscaping and design will further enhance the Village's entrance. We currently have a parking contract with Lido Village for 4 free parking spaces and up to 61 validated parking spaces through December 31, 2008. (Please see Attachment D ) We would like to provide Valet Parking for the public . History of The Wine LI)I erchant and Overstreet's Dennis Overstreet's, The Wine Merchant originally opened in 1972 as a fine wine retail store and wine locker storage facility. Operating in the same location for nearly 28 years, Dennis Overstreet has established his business as one of the landmarks of Beverly Hills, as well one of the cornerstones in the community. The Wine Merchant operates as an exemplary retail busi- ness and sets the highest standard for integrity, business practices and customer relations, as well as providing quality service to the community and visiting consumers. The Wine Merchant offers fine wines, spirits, gif ts, accessories and complete customer service. including delivery. The Wine Merchant /Overstreet's Fine wine bar and lounge is open in the evening hours with an atmosphere reminiscent of any elegant, comfortable "library" with walls covered in wine racks. There are several private rooms that accommodate small groups of 6 to 25 customers for added privacy while entertaining. The wine tasting bar has a dress code which requires appropriate attire no baseball caps are permitted. The image of the store and tasting room is akin to a private club, harking back to a more elegant, dignified time in history. q_ Y10 i. Is: or C .:o Carty U)st * ►- No. 31730 OFF-SITE PARKING AGREEMENT . Warmington, Sr. - Port O'Call 3400 Via Lido) THIS AGREMILNT is made and entered into this day of -P?,y Y , 1975, by and between the CITY 'OF NEWPORT . BEACH, a Municipal. Corporation, hereinafter referred to as "City" and E. G. WARMINGTON, •SR. , hereinafter referred to as •"Warmington" . W I T N E S S'E T H WHEREAS, Warmington is. the owner of that certain parcel og: real property located in the City of Newport Beach, County of Orange, State of California and described as Lot 2 of Tract 1235 as recorded in Book 47 page 24 of Miscellaneous Maps, Records of 9range:,_.4ounty, California referred to as Parcel "A" ; •and WHEREAS, Warmington desires to ma)Ce improvements to the structure located on said property which will require an additional parking space, under the provisions of' the Newport Beach Municipal .Code; and ' . • WIJEREAS, Warmington has entered into .an agreement with -the Don Koll Company'; Inc. .to permit Warmington to use a parking space in the. parking structure owned by Don Koll� Company, Inc.., a �*eopy -of which is attached hereto for illustrative purposes and is .marked • Exhibit "A" ; and WHEREAS, the Planning Commission of the City of Newport . Beach at its-meeting of April 17, 1915 considered the outside -parking agreement .and recommended approval to-the City 'Council of the 'City of Newport Beach. of said off street parking agreement provided that the agreement -would not be executed by the City until such time •as the parking structure had bepn .restriped to. provide sufficient parking spaces and no building .permit should be issued to improve :the real property owned by Warmington on said parcel until. the parking structure had been restriped; and • WHEREAS, the City Council at its meeting of .april 28 , 1975 considered the provisions .of .Section 12.38. 04.0 of the Newport 6 41QV��N-7, 3 �7'rk `� c�F��cti .k ;'Beach Municipal Code and determined that the off-street parking agreement should be approved, NOW, THEREFORE, in consideration of the foregoing, IT IS AGREED by and between the parties hereto as follows: 1) ' Warmington will lease from Don Roll Company, Inc. a parking space in the parking. structure dwiied by Don Koll Company, Inc. , located near the intersection of Via Lido and''Central ,• Avenue, Newport' Beach, California. 2) In the event the use of the parking space as referred to ,in paragraph 1 should be terminated and loss to Warmington for any reason, Warmington will immediately thereafter obtain an additional off-street parking space satisfactory to and to be approved by the City. If the substitute parking space is not obtained, -Warmington will physically modify the structure ,which presently 'houses Port O'Call, 'Pasadena, 'located on the subject property ,at 3400 Via Lido, in the Lido Shops area, in such a fashion as to reduce the parking requirement for said' structure by one off-street parking space. ` • 3) This agreement shall run with the property described .within as parcel "A" and shall bind the heirs, successors in interest and assigns of the parties hereto and it shall be recorded in the office of --the County. Recorder. at the• •County of Orange, State of California, w IN. •WITNESS. WHEREOF; ' the parties'• hareto have executed this .Agreement on the day and year first above written. Off } - i� _ OF NEWPORT BEACH • ri=t d0. cq Mayor Azo rr v ATTEST: C ty• Clerk E. G. WARMINGTO , R.'\. APP D T FORM: s t. Tpey : . � � r +� n: � '�'.1 rr.�•xrr-rnn nn f:rark•.x� 1'rrnn7^<s STATE OF CALIFORNIA) ss: COUNTY OF ORANGE ) O 92— 1275 before me, the undersigned, a Notary• Public in and for said State, personally appeared Milan M. Dostal known to me to be the --Vice Mayor and Laura lap-jos known to me' to be the City Clerk of the municipal corporation that executed the within instrument on .behalf of the corporation therein •named and acknowledged to me that such municipal corporation executed the wgi.thin instrument pursuant to a resolution- Of its City Council. WITNESS my 'hand and official seal. .--THY* N ir+t',ItOTAhy PUDUC•C,u,IFORiYIA = PRINCIPAL o;FICE IN om on oRORANGE. couN-r ExPres Fob Notary Publi in and for said State ' MY Gzmissi i • - _ , 9, 1977 } STATE OF .CALIFORNIA) COUNTY OF ORANGE ) ss: r On a20 '; before .me, the ,undersigrned, a Notary Public in ' d for said State, personally .' appeared E. G. Warmirigton, Sr. , known to me to be the person whose name . is subscribed to the• within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. NNMMIMryp�� YlMn'.•"MMM'MM�• � • OFFICIAL SEAL' ELLEN R. CUPP ` Notary Pu is in for said State NOTARY PUOLIC•CALIFORNIA • `{,r,� PRINCIPAL OFFICE IN MY Commission ORANGE COUNTY. Com I:x ires March•4, 1977 ; . -C�e(_UA.U :u at: Cllt :0(: ,St Ot and when record*_Curn to : RECORD FFICIALRECORD' S. R. Willford $27.00 ©F ORANGE COUNTY, CALIFORNIA 62 Linda Isle C18 Newport Beach) CA 92660 -1235 PM FEB 17 87 ' ASSIGNMENT OF PARKING AGREEMENT coumy (it RECORDER This Agreement affects Lots 1 through 8 , inclusive, of Tract 1235, all of which are located in the County of Orange, California, and it pertains to that certain Parking Agreement ( "Parking Agreement") dated March 26, 1973, entered into by and between DONALD M. KOLL and LIDO SHOPS AUTO PARK #3 , INC. ( "Assignor") , a California no corporation, a short form of which was recorded in Book 10729, Page 353 of the Official Records of Orange County, California on June 1, 1973 . WHEREAS, paragraph V(B) of the Parking Agreement provides that the Assignor shall be entitled'' to the use of twenty-four �: (24) permanent parking spaces ("Permanent Parking") ; and • e WHEREAS, paragraph V(C) of the Parking Agreement provides that the Assignor shall have the right to validation parking for a minimum of two hundred. (200) parking spaces located throughout the structure ( "Validation Parking") ; and WHEREAS, Assignor now desires to distribute its assets, and,. in particular, its rights and interests in and to the Parking Agreement, including those specific parking rights provided in paragraphs V (B) and V(C) , respectively, to its members in proportion to their interest in Assignor and in the Parking Agreement; NOW, THEREFORE, Assignor, as to its right to Permanent Parking and .Validation Parking. contained in the Parking Agree- ment, does hereby assign, distribute and otherwise transfer; 1 . To EDWARD WARMINGTON, Trustee Warmington Family Trust, pertaining to and for the benefit of said Lot 2 of Tract 1235, all of its rights to Permanent Parking for four (4) 33 parking spaces and Validation Parking for a minimum of thirty- three (33) parking spaces located throughout the structure; and 2 . To EDWARD WARMINGTON, Trustee Warmington Family \. Trust, as to a one-half ( } ) interest as Tenant in Common and to R.C. WARMINGTON as to a one-half ( § ) interest in Common, pertaining to and for the benefit of' said Lot 3 of Tract 1235 , 3 all its rights to Permanent Parking for three (3) parking spaces and Validation Parking for a minimum of twenty-eight (23) parking s�ar:p-s Located throughout the struc.ture;- and 3 . To WILLIAM W. McDOWELL, individually and as Trustee under the terms of the Order for Final Distribution recorded as document no. 19117 in Book 9854 at Page 60 of the Official Records of Orange County, California, pertaining to 1 Bt-111 : 195 . 2a121586 i sr�Ub b I I' and for the benefit of said Lot 4 of Tract 12351 all of its �--' rights to Permanent Parking for Three (3) parking spaces and 2 Validation Parking for a minimum of twenty-eight (28) parking spaces located throughout the structure; and 4 . To DOUGLAS DRYER, pertaining to and for the benefit of. said' Lot 5 of Tract 1235, all of its rights to q- . Permanent Parking for four (4) 'parking spaces and Validation Parking for a minimum of twenty-seven (27) parking spaces located throughout the structure; and 5 . To S.R. WILLFORD and BARBARA A. WILLFORD, as Joint Tenants, pertaining to said Lot 6 of Tract 1235 , all of its rights to Permanent Parking for three (3) parking spaces and Validation Parking for a minimum of twenty-eight (28) parking spaces located throughout the structure; and ; 6 . To S .R. WILLFORD and BARBARA A. WILLFORD, as ,' .Joint Tenants, pertaining to said Lot 7 of Tract 12351 all of its rights to Permanent Parking for three (3) parking spaces and Validation Parking for a minimum of twenty-eight (28) parking spaces located throughout the structure; and 7. To S.R. WILLFORD and BARBARA A. WILLFORD., as Joint Tenants, pertaining to said Lot 8 of Tract 1235 , all of its rights .to Permanent Parking for two (2) parking spaces and Validation Parking for a minimum of fourteen (14) parking. spaces located' throughout the structure; and S . To GORDON ATKINSON, pertaining to and for the benefit of the West one-half ( }.) of said Lot 8 of Tract 1235, ('r all of its rights to Permanent Parking for two (2) parking spaces and Validation Parking for a minimum of fourteen (14) ' parking spaces located throughout the structure; and • v AND, FURTHER, as to the rest and residue of said Parking Agreement, Assignor does hereby assign, distribute and other- wise transfer to the above named Assignees, individually, pertaining to and for the benefit of the respective Lots of Tract 1235 set forth above, in the proportion that the area of such Lot or portion of Lot bears to the combined total area. of Lots 2 through 8 , all the rest and residue of Assignor' s right, title and .interest in and to the Parking Agreement. This Assignment. is made for the benefit of Lots 2' through 8 of, said Tract 1235 , and the owners, their assigns and succes- s•ors in interest thereof, and the terms of the Parking Agree- ment, and respective parking rights, assigned, distributed and transferred hereby shall run with each of the designated Lots of Tract 1235 , and the terms of the Parking Agreement shall be binding upon all parties having or acquiring any right, title 2 BM11 : 195 : 2gl21586 • or interest in such designated recipient Lots, or any part thereof, and all rights thereunder shall inure to the benefit of each owner thereof. Each assignment made herein is conditioned upon acceptance thereof by the respective owner. or owners of said Lots 2 . through 8 of Tract 1235, and in the event any owner of any of the said Lots fails to accept its respective assignment, such . assignment, but none other, shall be void and all rights contained in- such failed assignment shall be retained by Assignor. Dated this day ofn�� LIDO SHOPS AUTO PARK #3, INC. Assignor ra • G. /S.R. WILLFOAD, esident ON ATKINSON, Secretary Consent to Assignment The undersigned TRAWEEK INVESTMENT FUND NO. 12, LTD. , as successor in interest to DONALD M.. KOLL in the aforementioned Parking Agreement, does hereby consent to the foregoing Assignment. Dated this day of '�ry _, 192L. TRAWEEK INVESTMENT FUND NO. 12, LTD. By, AnEa1� rea5vrr Titlec�(aFfttr- C��r1fiK�l.Q.. (Accept of Assignment follows. . . ) /4TcF_ �t� L 1 V a 5'f"r to[-�,, �r cztr•i�' r)�t 1d� 3 BM11 : 195 :2g121585 Acceptance of Assignment The undersigned, as owner of the Lot of Tract 1235, Orange County, California, set next to his name, does hereby accept the foregoing Assignment of Parking Agreement by LIDO SHOPS AUTO PARK #31 INC. in accordance with the terms thereof and agrees to abide by its terms and with the terms of the Parking Agreement assigned. G Lot 2 /o� Tract 1235 Lot 3 of Tra 1235 ,j,1 j►•� 'Irt�e �,, .�.1 Lot 4 of Tract 1235 w . Lot 5 of Tract 1235 o Lot 6 of Tract 1235 Lot 7 of Tract 1235 East of Lot 8 of Tract 123,5 West } of Lot 8 of Tract 1235 BM11 :195 :2g121586 l.l rl J 161.. 14 V V L ♦ ".11-11 J J♦ 1-..._ Ut �• 1� I Re,- ,. Lots 1 through 8, r .ct 1235 J _ State of CALIFOR,NIA Oh this the 15t h day of JANUARY 19.8�,before me, MONTEREY SS' . County of JULIE A. I•iUGHETT Notary's- Name (typed or prin e the undersigned Notary Public,personally appeared RICHARD C. WARMINGTON OFFICIAL SEAL X9 personally known to me JULIE A HUGH7 ❑ proved tome on the basis of satisfactory evidence m NOTARY PUDLIC • CALIFORNIA to be the person(s)whose name(s) IS subscribed to the MONTERiI' COUNTY within instrument,and acknowledged that a executed it. My comm. expires MAY 31, 1989 WITNESS r y hand and official seal. (This area for official notarial seal) v. Notary's SiP'at"ure j 3ENERAL ACKNOWLEDGMENT FORM SV0715 6.82 .� STATE OF CALIFORNIA COUNTY OF Orange Iss. On this 8th d January in the year 19 V � ay of y , before me, the undersigned, a Notary Public in and for said State, personally appeared Edward Warmington personally known to me (or proved to me on*the basis of satisfactory evidence) to be the person_whose name_. OFFICIAL SEAL 1S subscribed to the within instrument,and acknowledged to me that_he_ JOAN NOTARY PUBLIC--CAU.CARROLL ANIA executed it. PR MCIPAL oFACE IN ORANGE COUNTY 9YCommis3lon Expires March 11. P7,7 :, WITNESS my hand and official se . .. 1 ACKNOWLEDGMENT—General—Wokotts,Form 23.7CA—Rev.5.82 Notary Public in and for said State. (019BZy10lC07T5.MC. _"._._..... _ GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary'ssil on the docuant to which this statement is attached reads as follaws: . Nave of Notary �©r4 r(1 /{'{. �i9,Q�D�Z_ , Date Comission Expires �y�j��;J•// �{� County where bond. is fil./ 7 Place of Execu io ' Date 7 0 S1(�AnRE j STATE OF CALIFORNIA ` Orange ss. COUNTY OF On this 8thday of January , in the year 19 87 , before me, the undersigned, a Notary Public in and for said State, personally appeared Wjj_1tam -W. p1cl)oWeli personally known to me (or proved to me on the basis of satisfactory evidence) to be the person—whose name, OFFtC1AL3BAL i s subscribed to the within instrument,and acknowledged to me that_-he_ NOWY�- executed it. ALIFORM WITNESS my hand and official seal (%z" MYCMVnbsw avinm March 11,is" Notary Public in and for said State. ACKNOWLEDGMENT—General—Wolrolis Farm 233CA—Rev.5-82 01982 WOLCOTTS.INC. STATE OF CALIFORNIA Orange ss. COS NTY OF On this Ri-h day of Jan 1lar�z , in the year 19-Bl. before me, the undersigned, a Notary Public In and for said State, personally appeared personally known to me OFFICiAL3EAL (or proved to me on the basis of satisfactory evidence) to be the person—whose name_ JOAN pt, ARRatt i_s subscribed to the within instrument,and acknowledged to me that,he_ NOTARY Pup CIU�FORMIA PRINGWALOMCEIN executed it. ORANGE COUNTY My Cocmnw1on C�*os March WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEDGMENT—General—Wouns Form 233CA—Rev.5.82 c)1982 WOLCOTTS,INC. STATE OF CALIFORNIA ss. COUNTY OF Orancre On this R t1, day of ;4 n 11 a rz—, in the year before me, the undersigned, a Notary Public in*and for said State, personally appeared R Wi l 1 farr9 1 Rarhara T,ri I i f personally known to mE (or proved to me on the basis of satisfactory evidence) to be the persons whose name. OFFICIAL SEAL a rP subscribed to the within instrument,and acknowledged to me thatt JOAl1;LL CARROLL NOTARY Fum-C EFIONRNiA executed it. PMOPAL ORANGE COUNTY WCommialonExpkft Match II-IM7 ' WITNESS my hand and official s —,.<• Notary Public in and for said State. ACKNOWLEDGMENT—General—Woleotis F=233CA—Rev.5.82 �1982 WOLCOTTS.INC. L STATE OF CALIFORNIA Ss. COUNTY OF Orange On this R t-h day of Ja nU a rat , in the,year 19-L2, gay before me, the undersigned, a Notary Public in and for said State, personally appeared Gordan At-_kin_ on personally known to me OFFt^~ -CCIAL SEAL (or proved to me on the basis of satisfactory evidence) to be the person_whose name_ 00"ft CARROLL i G subscribed to the within instrument,and acknowledged to me that__.he— NODW KMM-CALIFORNIA executed it. P!I>iwlC CAL OFRCE IN ORANCIE COUNTY MV IWExpirosMarch11.1887, WITNESS my hand and official seal. Notary Public in and for said State. ACKNO'rILEDGMENT—General—WolcoNs Form 233CA—Rev.5.82 (01982 wOLCOTTS•INc. << sate of 1�1 l� �On this the .day of 19a, before me, a� SS. County of the undersigned Notary Public,personally appeared /L Diu En OFFICIAL SEAL JR"personally known to me ROXANNE E DE LONG 0 proved to me on the basis of satisfactory evidence l m� NOTARY PUBLIC - CALIFORNIA to be the person(s)whose name(s) subscribed to the ( LOS S COUNTY within instrument and acknowledged that executed it. , r..y comm. expires OCT 22, 198E 9 WITN my hand a official seal. A f Nota atur { jt, .. - ! t't�sZ:�Ii•:G 'iiv::i+L:•i 'l�T k '�':5,,• �� . i PADT+_ES `I'r1E �c7rti�'i• tU 1.Il�S L�c1'-'�illc- Agr�'�'i�l:•nt (the "Agreement."). 'J.,D -c•I. Ia�r�� ("i:OLL") a And LIDO S;?JPS AUTO PAIN: r� ,. I.;C , a corr)oz:atlon zi r.:,cY,�1' LS A. LIDO is- Lessee of a Parting Lease executed with, -the., Grif,`.?th Coain:.zny as Lessor dated MarC13. 29 ;. .1954 . E. KOLL is 1-.-.he successor in interest to the ,Griffith Cor�p.e:lii pttrsuant� to the Parking Lease and intends to. .construct . a parkinej structure upon the property subject tp the P�r;ci.ng Lease a's e11' as additional property Located adjacent- thereto:. ' C. LIDO vrill surrender the March . 29 , 1954 Parking. Lease awl-. I:OLL• will. accept the stlrrernder upon the terms and. conditions . SC4� OIL:Lh in this Agreement. . CO'1,S'T::L'r'��1G:I OF P�')"T_'•;G STRUCTURE •- I:OLL agrees to co*.inence construction of a parking structure containing approximately three hundred sixty-seven (367) mar:;in s-paces in conformarcc ...ith •the plans attached hereto as ' L:•:;i which plans arc hereby approved by LIDO. The entire 'cos aL� construction shall be bornc l.)Y I;OLL, alld i<OLL hereby halls LIDO harmless from any liabilil-y of whatever nature on L • t or suciZ core>truction. In addition, I:OLL agrees. to diligently pro-;czu;.c construction of the parking structure - so that tthe ground f1c r of the structure will be completed with Z min;_mum of eighty- si:: spaces available for use by custo-iers of LIDO by June 1, 1973 . Ay^F'i j 'TON Or P „,ING I:E'SE Upon L::ecution of this Agreement by the parties, that CC t- ;n par}:irg Lease dated March 29 , 1954 between the Griffith as Lessor and LIDO as LessEe,.,ishall be cancelled. and of. no: : -ct •and the parking rights of LIDO sha11 be . u-: :::cl_ force and eff as , set. `orth below. J. PARKING AGhrEi'iE` T A. Temporary Parking '• ' . From the date of ' this ?lgreement +and during construction of . 'che -parking structure KOLL agrees to diligently pursue and to the hesL•` of 11is ability provide LIDO :•7ith temporary parking areas : for their custo-mere Such temporary parking is described in e � C B. Permanent Parking Upon completion of the ,parking .structure LIDO, at. no cost of any hind, shall be entitled to the use of twenty-four (24) par' ing spaces located on the top floor ,of the parking str.:U3:C., unti DE:cember 31 , 2GOS. �_ --2- �. ILI z(_• ..lull r.o Lt:c t..e:nty our ) pcz-vlancr.t ,.f7a. . ?l:C1 stpy cs all .tI e.vc thc right : 'i:o v0datior. parting for a nunil:.uri o-E. hundred (200) parking spaces located • .throuri gout the stricture . The: Validation parking charge to be. paid' by LIDO to ROLL on a monthly. basis shall be based on a Tw• my-Four Cent ($ . 2 ) hourly rats, which su:;a mull be pay-tole m0nt.h1V uto:: receiut of a written billing by hOLL. Any increase in the l.ourly. validation parking rate to be charged to.-LIDO shall be subject-- .to .Uhc prior written agreement of .,:OLL and LIDO. The factors R` to be considered by the parties in determining any such hourly validation parking rate increase shall -be the follo ping Increases in. the Consumer Price Index; increases 'in real property• taxes and Zasessments 'applicable to the parking structure; increases in .utility rates .for the parking :tructure; .increases in insurance ta.tas, and, wages directly applicable to "he operation of the :. parking structure. Each party covenants to 'use good faith in an attempt to reach agreements regarding any future increase in 6:h e valic?ztion parking rates . In the event the parties are unable to agree 'on. .an increase in the validation parking rates .then any. such increase shall be determined by arbitration based upon the. same factors outlined above. In the event it becomes necessary to arbitrate the foregoing, an arbitration board consisting of three (3) members shall be selected in the following manner . LIDO ' shall have the right to select one (1) member o` the board, EOLL s..a.11 Ila .,oe right. t0 • elect one � m_t^.b. r of the board. Each pn rty' shall give the other party notice in writing of the nembar iL selects. I•1itilin ter. (10) days after either party has received said notice, the party receiving sAid notice must select a ;:ember and notify the other party in writing of its selection. Within _ten •(10) days after the first two (2) members 0- tP board o.E 'arbitrators - hava b''_en selected, they shall .Se eCt. a third member. In the event the tuo (2) members selected by KOLL and LIDO cannot agree upon a third member, then, in that event.. - the entire arbitration shall be g��itted to an independent board of arbitrators, such as the American Arbitration Associa-ion.. Any decision of the arbitrators regarding an increase in the validation parking rates shall be binding upon both parties. The cost of any such arbitration proceeding shall be divided equally between the parties. r - V T. COVEN't ITS • The sole responsibility of LIDO shall be- to pay for . validation parking . KOLL shall be required to pay all taxes , . . .9,en eral .and special assessments, and all other charges of every . - "description which may be levied upon or assessed against the parking structure. At all times during the term of this Agreement, KOLL shall ,.. at his sole cost and expense keep and maintain- the parking structure and all improvements thereon and *all facilities aopurtenant thereto in good order and repair and in a safe condition. -4- LIDO shall •noE be rec;uired or obligated to maintain' or v'tenai r the parking structure or any part_ thereof during the term ; of th s Ag ea-ment. KOLL agrces, at his expense, to -procure and maintain during the terra of this Agreemc:lt, comprehensive .public liability 1:1S'.irct:::L CGVi:".! 1 i :bill-2-o-:. related tto til^ candi ioa and. use. of .-..c parking structure �•:ith limits of not less than One Mill._or. Dollars ($1 , 000 , 000 . 00) for bodily injury to or death O.L. ore (1) or ,-core persons, and Five•sHundred Thousand Dollars .($500 , 000. 00) for damage 'to property, howeve:: occurring, .-related to the parking . structure. Such insurance coverage shall include KOLL, LIDO and the individuals who riake .up. LIDO. Furthermore, KOLL agrees to indemnify LIDO and hold : it..'harmless from any and all liability, loss, cost or obligation on account of , or arising out of any injury, or loss, , however, occurrin7, related to the parking structure: It is also agreed that eachof the terms, conditions . and covenants contained in this Agreement shall. extend to and bind,, and inure to. the benefit of the heirs, assigns and successors of the respective parties. V11 . ASSSG",I-E N T . . LIDO agrees that it will not, without the prior written consent of KOLL, %•;hick consent shall not be unreasonably with hele ,. either assign this Agreement or any of its rights or duties. hereunder. Viii . SILL•' - In the event KOI,L �aisres to offer for sale all his right, znCcr�sc 4n1 title to this Parsing structure at .so, me y L;,re date, EOLL fu �igrees LIDO sh- all .have first right r;ithin titwrty (30) dµr..s ,. - "o pach ase said structure at S • or• � , , KO � ucli offering • ♦l.•T'J_..,a i?•.as* closiCjilli-`=i� - d o 's nOE E-xerc s Sa:.C], f..rst rightL tiw-ithi, th 3 i.r ty ( 0) days- , Y.OLL may then sell the r'- a-king structure accordin.- j to his best business judgment. Y}.. ATTO�;- S FE'Es In the. event that either Party hereto fails to comply with all the terms - of this Agreement• and the other" party co,•4,--ences legal. proceedings to enforce an ' • y of. the terns� of this Agreement, the, prevailin part g. Ly in suci: suit shall.,receive from the other a rcasonaul` sum as attorne1� s fees and costs as may be allowed.. : by the• court or jury tryi:lg the case. Y; ECOR�J:iI:G • „ A short form of this Agreement shall be recorded Co•2n t• of Ora n, the y nc,e, Sta-e of California, GF EPAL A. The paragraph headings used in this Agreement ar e for. th` purpose of convenience only. They • shall not be construed tv. l im?t or, to extend the -:neaning of any Part of this Agreement. ' I Ell Irv. �:.:+r�iul::.e:l i:s or �tic�cii-ions to lthis � c�ree:i�ent shall ate' i Li?:�� b1 the parties ana neither party shall be , t ; :,i„ _or u�r}�al o, im01i.cd agreen;snts . j C. consent or approval of a party is ; r^•j+3i_-e.- u.� cr this jwgrec:aent, such consent or approval shall �,ot .:a u::_•�•• soa:.�b' ^ ,;itt�`Zeld . =1 . LXECUTION r This rgrec,,:tent is E:cecuted 4is day of 1973 Beach; California LIDO SHOPS'.AUTO PARK 3 , INC. By llona lc1 i i. . "Oil. -7- . Attachment F Endorsements (45 signatures as of 3/7/01) by City of Newport Beach Residents for Overstreet's at The Wine Merchant 3400 Via Lido -Newport Beach, CA 92663 949-290-3395 of Newport Beach Residen# Endo ment for Retail sales of fine wine &spirits& gourmet food items and on-sale tasting license for wine & beer &gourmet foods for Overstreet's at The Wine Merchant 3400 Via Lido Way - Newport Beach, CA 92663 City Council of Newport Beach and Commissioners of the Planning pepartment of Newport Beach We, the undersigned, do hereby endorse and welcome the operation of Overstreet's at The Wine Merchant at the proposed location of 3400 Via Lido in Lido Village, Newport Beach, Ca 92663. Bennis (and Chris)Overstreet,owner of Overstreet's and The Wine Merchant in Beverly Hills has served the residences and community of Beverly Hills and the greater Los Angeles area for over 28 years. He has been nominated as one of the top 10 wine retailers, in the United States by Marvin Shankin, publisher of The Wine Spectator, numerous times in the past 15 years. Overstreet's retail and tasting bar serves the discriminating adult public who need a place to relax and reflect in a club- like - "living room"atmosphere. Overstreet's is designed and operated like a refined London shop where the merchandise represents the best and uncommon items rather than the commonplace. The service is personable, but not obtrusive. The atmosphere is sophisticated and comfortable, not intimidating. Overstreet is a shopkeeper and he is there for his customers. (Overstreet has moved his family to Newport Beach, where he and his wife/partner, Chris are raising their two children. )This retail establishment is a welcome and long awaited addition to the Lido Peninsula. Overstreet's is akin to Richardson's and Ports O'Call that well served the residents of Newport Beach. Overstreet's will provide a service that is not currently available.Presently,Newport residents are driving to Costa Mesa and Santa Ana and even Beverly Hills to fulfill these retail needs. The City of Newport Beach offers an overwhelmingly pleasant environment in which to live and work. Overstreet's will be a beacon, attracting other desirable businesses to the Lido Peninsula of Newport Beach. It will enhance our lifestyle and provide additional revenues to the City. Overstreet's provides service and delivery in a responsible manner, placing the customer and the entire community as a first priority guaranteeing quality,service and safety. Overstreet's is taking great efforts to consider how their business will impact the immediate community, with respect to pedestrian and vehicle traffic,and how service and delivery can improve the lives of the community. We respectfully submit our signatures of endorsement and request that this business open as soon as possible to serve our community. Please see pages 2 - 10 and the attached separate letters of endorsements from various residents and merchants in the City Newport Beach community. Residents of Newaort Beach Street Address/Zia Code Signgure/Phone(Obtional t of Newport Beach Resideno Endolnewnt for retail sales of fine wine &spirits and on-sale tasting license for wine dC beer and retail sale of gourmet food items } for Overstreefs at The Wine Merchant 3400 Via Lido Way Newport Beach, CA 92663 Residents of Newport teach Street Co& Sipnatutc2hone(Qp6oFial 3-6U-010a�) hn" S'qC,- (ilt CL,L-16-11Z 4,--7 -3 9 73�6 1 8 10-&4.� "Z 12 73 - 31 7 -57 /01 673- 0' 7l� 15 2 - Lei, LZ 'Parwia J Qcchs 19 qA ��Ali e � e e e' w � r: of Newport Beach ResidenS Endorsement for retail sales of fine wine&spirits and on-sale tasting license for wine dr beer and retail sale of gourmet food items for Overstreet's at The Wine Merchant 3400 Via Lido Way Newport Beach, CA 92663 PLEASE PRINT YOUR NAME HERE 3 ofl Bents Qf Newpart Beach Street Address/Zip Q& Signature/Phone (Optional) i 1 ��f1�� i1ri^ fct��-I�<S�c��rr, c 2 ��A �-t�,•� _-- ._.'� —�y9 �%'�� -7— `�„ ti CA 23 `^ �jL j�ii�--,�----- r--� � c t c-� ��+( �i 5 V /� d.• l Z E�`3 4J ter! "-�- 27 � ! �� . '�' r z l ' i=srt c113 28 " f r 30 X CI qt ww ' vmo,4". 319&/d AP r -- 3 2- 33 34Zt5LtasA9k ' 35 Cr of Newport Beach Residenif Endorsement for retail sales of fine wine &spirits and on-sale tasting license for wine & beer and retail sale of gourmet food items for Overstr eet's at The Wine Merchant 3400 Via Lido Way Newport Beach, CA 92663 PLEASE PRINT NAME page 4 of10 Residents 4f Newp.Qd seach Street Address/Zip C&Av, Signature/Phone Wpti�ional) ` 1�7j=2,s'7C 37 `�' �Q C - ct�n 5 q✓/i_ �lCt C4 �210� - 38 Jb t 6?r i t !1 !t 39 �c 5�f 67.-3yrsK 4OZ4 41_a. I�.l a. ' K 1L 1 (✓YLLI 7� 13` l ,pt 42 &4&/ ---� c `33 t 45,-�3L i�i 17" - i 46 47 48 49 50 51 52 53 Q SEW PO,4� r CITY OF NEWPORT BEACH U P.O.BOX 1768, NEWPORT BEACH, CA 92658-8915 a� c �P gcr>:oa� April 6, 2001 Ms.Rose Iglesias California State Department of Alcoholic Beverage Control 28 Civic Center Drive, Room 369 Santa Ana, CA 92701 Dear Ms. Iglesias: Subject: Overstreet Wine Merchant/3400 Via Lido, Newport Beach This letter shall confirm our conversation regarding the application for ABC licenses type 21 and type 42 for the above reference address. The address for the entire scope of the operation is identified as 3400 Via Lido, Newport Beach, CA 92663. For purposes City identification of the premises and layout of the operations, the Type 21 license operations will take place in Unit A of 3400 Via Lido and the Type 42 license operations will take place in Unit B of 3400 Via Lido. The Planning Commission approved the Overstreet's requested Use Permit last evening subject to conditions.. Provided there is no appeal to the City Council, their Use Permit will be effective in two weeks. The final conditions of approval will be transmitted to the Newport Beach Police Department who will in turn forward them to you for your consideration and application to the alcohol licenses as necessary. An approved floor plan of the premises will be forwarded with the conditions of approval and you should expect to receive them in the next couple of weeks. Should you have any questions regarding this matter, please do not hesitate to contact me at (949) 644-3210 or via e-mail at jampbell@city.newport-beach.ca.us. Sincerely, JLA) C amr James Campbell Senior Planner CC. Kim Reilly, Newport Beach Police Chris Overstreet 3300 Newport Boulevard, Newport Beach FROM F ki I-U. 13238900117 Mar. 21 2001 10;07RM P2 • &434 VIA L1D0 SUITE# 100 . EWPU13l 90- CA 92!ah3(32 0147 _ _. ... (949)675-2790 Fax#; (523)990-0117 ALIT U�f SERVICES, INC. March 20,2001 Chris Overstreet Overstreets 3400 Via Lido Newport fleach,CA 92663 Dear Chris; i enjoyed meeting with you last month regarding the parking operation of your new store. Thank you for inviting California Parking Services,Inc. to submit a proposal for both managing and operating valet services as well as providing parking spaces in tie Lido (garage. ProjDosal Self Parkinu California Parking Services, Inc. proposes to provide Overstreets with twenty-two (22)parking spaces at all times at the Lido Parking Garage located at 3434 Via Lido in Newport Beach for$1,500.00 per month. Once Overstreets is ready to open, California Parking Services.Inc, will work out the logistics of the operation. In other words,we will decide.the type of validation to be used,whether it will be keycards,restaurant stamps,or any other means of validation, `SERYICEI.S'OUR JO.B" . . . . . . . . . . . . . . . . . . . . VaIgI Parking California Parking Services, hic. proposes to provide valet parking according to the schedule below: Sunday through Thursday One Parking Attendant 6:00 P.M.to 11:00 P.M. Fridays and Saturdays Two Packing Attendants 6:00 P.M.to 11.00 P.M. There will be.a valet parking charge of$3.00 for Overstreets customers with a validation limit of two hours. All others not patronizing Overstreets will be charged $9.00 for valet ses,ice. California Parking Services,Inc. proposes to provide the valet service for a flat fee of$2,500.00 per inonth. California Parking Services,Inc.will provide all necessary signage as well as any additional equipment to make the valet operation as efficient and as smooth as possible. California Parking Services,Inc. will have insurance coverage. A certificate of insurance will be issued upon request once an agreement has been reached. Please mviow the above quotes. Should I have inadvertently omitted any details,or if you have any questions or modifications regarding this proposal,I am confident that we can clarify all pointF,to yotr satisfaction. We are looking forward to having the opportunity to service your establishment_ Sincerely, Younes Bennani. Vice President Ae&LIt-oA I JUN UU1=,-.;) 11UWANOTICE TO ALL APPLICANTS ��EMorA��BEvERAc,�coxrR a f � All Applicants are hereby notified that pursuant to Califorrrn rfarmadom Pracmca Aei Civil Code Section 1798 1T,the mfom requested from you by the Deparurtent of Alcoholic Beverage Control is oerded in order for the Department to properly accomplish its duties as requited by Article XX Section 22,of the California Constitution and Section 23958 of the Busiars and Professions Code. The submission of this information is mandatory,and the failure to furnish it may result in the denial of the license application. Personal and confidential Information (Fortis ABC 211,Application for Alcoholic Beverage license,and ABC-208A,Personal AfSdavit in Support of Application)will be given to law enforactrreat agencies.such as we local Police deParrmmt. and may be made accessible to other governmental agencies,as provided for in Secdons 1798.24(f)and (o) of the Civil Code. In addition, the ftnamcmi infonnanon you provide may be given to other governmental organizations as provided for in Section 179"(p)of the Civil Code. You are entitled to inspect records maintained by the Department oo you captaining public and personal information and may do so by conta-ug the District Administrator or other deparnmeut personnel at your local ABC offices . 1.NAME(S)OF APPUCANT(S)(L=Ffrsr,Middle) 2.TYPE(S)OF LICENSE(S) 3.TYPE OF TRANSACTION OVERSTREET, LLC. ❑(20)Off-Sale Beer&Wm ❑Original 21)Off-Sale General ]Wer/Per Transfers ❑ (40)On-Sale Beer ❑ 24071 Fdudary ❑ (41)On-Sale Beer&Wine Eating Place ❑ 241 71.1 Stock Transfer In (42)On-Sale Beer&Wine Public Premises g3prern/Prem ❑ (47)On-Sale General Eating Place ❑ ExdwW ❑ (48)On-Sale General Public Premises ❑Other. 0 OVter. { C See Attached or additional mantes 4.TEMPORARY PERMIT REQUESTED FYes IM No 5.PREMISES ADDRESS(Number&Street) CITY,ZIP CODE AND COUNTY 6.PREMISES TELEPHONE NUMBER 3400 VIA LIDO, NEWPORT BEACH, CA. 92663 ORANGE COUNTY ( ) 1.Are Premises I S.NAME OF BUSINESS(DBA) 9.FRANCHISED? 10.CONTACT NAME 11.CONTACT TELEPHONE NUMBERInside City Limits? � /� []Yes ❑ No O'Ve(S e� s c� ✓jL)Ir�FrIP4Cl1c Yes Ca'INo CRAIG BLOCK ( 800 ) 222-5777 12.MAIUN13 ADDRESS(Nu-her&Street) C)ty,Zip Code 13.PERMANENT ADDRESS? 9701 SANTA MONICA BLVD., BEVERLY HILLS, CA. 90210 [I Yes ED No 14.Have you ever been 15.Have you ever violated any of the provisions of the ff),e5 to tern 14 or 1Q 16.Is Premises Currently Licensed? Yes NO corm aed of,-a1�,�fellony? Alcoholic Beverage Control Act or regulations of the ❑Yes (l i' o Department peen to.he Ace eS ❑ NO aedsFl � if yes.Type Of Lic`nse: 17.CURRENT LICENSE To BE: L� i Is Currant License operating? ❑Yes ❑ No � ❑ Surrendered ❑Cancelled Upon ❑Other Upon�� If no,Date Closed (�fY): 18.TRANSFEROR'S NAME PREMISES ADDRESS 19.LICENSE NUMBER(S) U St R INC. 23330 EL TORO RD., LAKE FOREST, CA. 92630 21-350277 FINANCIAL INFORMATION 1 20.ESCROW HOLDER'S NAME ADDRESS(Number&Saar) CITY AND ZIP CODE 21.CONTACT TELEPHONE NUMBER ABC ESCROW; 10350 SANTA MONICA BLVD., LOS ANGELES, CA. 90025 (800 )222-5777 22.BOOKKEEPER/ACCOUNTANT ADDRESS(Number&Sneer) J CITY AND ZIP CODE 23.CONTACT TELEPHONE NUMBER Cale (cs�'lam Z.(a San Uj'✓►ce,1kt # 360 LA, Io ) 207• � 24.LANDLORD ADDRESS(Number&Street) CITY'AND ZIP CODE CC.. 25.CONTACT TELEPHONE NUMBER Deo m,, Lido 26.MONTHLY RENT 27.EXPIRATION DATE OF LEASE 28.INDICATE WHETHER LEASE OR RENTAL AGREEMENT INCLUDES Z 1 5 00 z 00 31 ) Z o0 3 FURNITURE OR FIXTURES All ❑Same ❑None PURCHASE AND INVESTMENT RtFOMATION (Campine aY Year.mo MA r om applteaata) 29. New Business or Adding License 30. Person to Person Transfer For General License,applicant 1 For General License,applicant License (must specify price paid / $ 10,000,00License ,Rust a rice $ Rea)ty or Interest Therein I Realty or Interest Therein $ Furniture/Fixtures $ Furniture/Fixtures; $ Inventory $ 5 O 0 0 C r CC Inventory $ Other(eg., Working Capital, Other Fees) $ GoodwiIVNon-Compete Covenant $ TOTAL SO) O O O- ,CC Leasehold Improvement $ !I ;Comments: SUBTOTAL(Should Equal Recorded Notice) $ Other (e.g., Working Capital, Other Fees) $ TOTAL $ 31.INDICATE WHAT PART OF TOTAL INVESTMENT IS CASH AND FROM WHAT SOURCE(S) "Yee Individual Financial Affidavit(s)for Derails 5 we �� ✓$ere Individual Fnaneiai Affiidavir(s)for derails A1rilrl 9�IR `�, 0 • DIAGRAM OF .LICENSED PREMISES REPARTM6NTOFALCOpKKCBaVe t A 7.RA L wet Kuc r„sc 7.na,rot OMSTMT, LLC. 1 TYPE Of uCTNSE Z1 Z PRtyd�SES ARORE59(TAVMtt 6 S/N1•QTy,Zb) 3404 VIA LIDO. NEG RT BEACH, CA. 92663 --rtea—s 06ss Street i diagram below is a true and eared description e) tde entreat% elite, interior wa4 and exterior boundaries of the i�Gludina dimensions yremises t0 be 6eensed, DIAGRAM ' i aro ex �-"FUcr•� �� aN�Yoes lrrt.l _� uN�r s �r THIS;one 1 6�cLST'IA6 UNIT D {• New Nsw r.Ir.f- JANI re ! r cultfi j sate:+srys y , vfG i` w0 NO GNANGCs ' M-fo4y w,.w t vt4W AA r..•r * SxIsTING Nw+ieNlay , iJA i.L iX19Tl 6 u IT /'� �LYID7ING �`-��G�R DFrrFY _ � . WIµ. Please read caretuity 0.11d sign below. Ir;s hereby declared that the above described bounifarier, ent►oncu and planned operation at indicated on the reverse tide, will not be ci�aaged that tut fast n ino irtg and securing prior xritren approval of the Department of Alcoholic Beverage ControL l declare under penally of perjury rtwt the ore o,�s true rusd correct, `�' i APPMANT 9QNATURE a RArE MSPECTfON OArQ CERTTRED CORRECT I OSP 77 M259• T0 'd £S L6b bTL N I M 4R 1ut4ojaw a tm 041 WH S0: 0i a R M TB-•0T—NdI' PLANNED OPERA#ON OEPARn,ENT OF"O"OLIC A9 1.MOICATE BELOW THE TYPE OF PLANNED OPERATION XbWSe 2M of nle ftfta Ng Nat best dsao*n Ow pMmed opwa6on) IF PREMISES AF E UNDER CONSTRUCTION,I DICAT'E ESTIMATED COMPLETION DATE: "` -- Ir--r) 80 • NON-RETAIL O Manufacturer p Wholesaler/lmporter O Brew Pub O Other(specify): • RETAIL On-SaIe: Ci Full Service Lounge Corrtplete Restaurant G Hoibrau/Cafeteria Q Cocktail p Private Ckib El Deli or Specially Restaurant Q Comedy pub ❑Night Club ❑Veterans Club 0 Cafe/Coffee Shop p Brew Pub ❑Tavern:(Beer)or(Beer&Wine) 0 Fraternal Club 0 Bed&Breakfast Q Theater p Wine Tasting Room D Other, (specify): Off-sale• Q Supermarket ❑Convenience Market w/Gasol'ine O Swap Meet/Flea Market ❑Membership Store Liquor Stare f hiq kk V O Service-Station ❑Florist/Gift Shop Q Department Store p Convenience Market Q Drive-In Dairy D Drug/Variety Store ❑Other, (specify): 2.ESTIMATED PERCENT 3,�-W1yRfR�DU�NOMIG AREA: 4.LOCATE Olt S. IN: 6.TYPE OF STRUCTURE: OF ALCOHOLICBEVERAGE SALES lrJ LrW 11mer�'.8t ree Standing Building ❑Residential O�She SHOPPING CENTER'S NAME Two-Story ry O Rural O Other rdew a.M w.tqv Q Multi-Story Q Industrial ❑More than 10 Units ❑Other alp 0 Other (describe in box rat Cass Chart 10 Units (doweike in Ima 19) 7.PATRON CAPACITY &PARKING LOT Y.FIXED BARS) 10.PATIO 11.ARE YOU PLANNING TO HAVE A 12. ARE YOU PLANNNING TO ►oAG O HAVE A FOOD LESSEE? es C- ©No O Yes No ❑Yes es G No O Yes G?W 11 FOOD SERVICE 14.TYPE OF MEALS 45.TYPE OF FOOD ia.HOURS OF FOOD SERVICE eNone ❑Dinnerhouse O American O Greek O Indian p Other: OREAWAST+ Q Mni nal ❑Seafood ❑Chinese ❑Japanese ❑Rdw Q Full Meals 0 Pizza/Pastap French ❑Korean:. O.Thai wNCHHouRs ❑Fast Food/Deli ❑German ❑McAcan oaarERHouas O Other (&wibe i.bar iy) 17.ENJERTAINMENT(One or more may apply. Please desc*e any anbMai worn with an'in box 19) ErNone O-Amplified Music ❑Patron Dancing p Card Room Q Recorded Music 0*Uve Entertainment p Blkini/Topless/Exotic p Movies 0 Juke Box ❑'Floor/Stage Shows (]Po"li iard Tables ❑Keno/Lottery Q Karoke ❑'Amateur/Protessional Sports Events p Video✓Coin.Operated Game Machines ❑'Other is.OPERATING HOURS Sunday Monday Tuesday Wednesday Thursday Friday Saturday OPENING TIME 0 CLOSING TIME 19.COMMENTS AND DESCFWgX A,\ ( o-� Ye aiier� Cyr re' Store. i5 Io cGiec� o n a Qc:rYt e� �Qi ��') 4t' a scri e s anal snnr-,i\ Uu.S%-VVSSQS C A\ Li c(o , -r11s 1b ca.- Y\ is ct(sc: Ctct�cacn.n�- `k3 a SYNN e'A s-t-reQ+ 'Ve-6 rK 5+,Nday5) Please read carefully and sign below. 1/we alto read ail of the abort and dedwr nnderpeaalty of psryry Bias aach and emy sTOYenm&mwwd tarn&% 20.APPLICANT SIGNATURE Zt.OATE X ABC-257 006) City of Newport Beach Police Department Memorandum March 2, 2001 TO: James Campbell, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for Overstreets at the Wine Merchant at 3400 Via Lido. This area encompasses our reporting district (RD) number 15 as well as part of Census Tract 635. This report also reflects additional City of Newport Beach data for calendar year 1999, which is the most current data available. Calls for Service Information The calls for police services during this time are unavailable. 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 6,041 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,623 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 3,418 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,544.59 per 100,000 people. The national Part One crime rate was 4,266.8 per 100,000 people. Crimes RD 15 Newport Beach California* National* Part 1 213 2,623 1,261,164 11,635,149 Part 2 840 3,418 N/A N/A Crime Rate N/A 3,544.59 3805.0 4,269.79 Number of active ABC licenses in this RD 61** Arrest Information There were 102 DUI arrests and 522 Plain Drunk arrests in this area during this same period as compared to 1,667 for the entire City. This RD amounts to 37.43% 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 15 Newport Beach California* National* (DUI/Drunk) 624 1667 N/A N/A All Arrests N/A 3,290 1,494,099 9,136,294 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 16 and RD 13. Crimes RD 13 RD 16 Part 1 65 113 Part 2 176 301 Crime Rate N/A N/A Arrests (DUI/Drunk) 46 249 % Of Alcohol related arrests 2.75% 14.9% Number of active ABC licenses 8** 5** Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figures used for the Crime Rate are from the 1999 projected population. *These numbers are from the 1999 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 NEWPORT BEACH POLICE DEPARTMENT March 2, 2001 TO: James Campbell, Staff Planner FROM: CSO Kim Reilly SUBJECT: Overtreets at the Wine Merchant At your request, our office has examined the project review request for Overstreets at the Wine Merchant Retail Location located at 3400 Via Lido, Newport Beach. The applicant is requesting to upgrade the Use Permit to include the addition of an "Off-Sale General" alcohol beverage license. Per Chris Overstreet, the business owner, they would like to open an upscale retail fine wine, spirits and gourmet store. She said the location would target the "sophisticated discriminating gourmet and wine enthusiast." The store would carry uncommon high quality items, accessories and exceptional imported gourmet items. Mrs. Overstreet said they would like to open to the public beginning May 1, 2001. The Overstreets have a store of the same caliber in Beverly Hills, which has operated successfully for 28 years. Mrs. Overstreet said Mr. Overstreet has been approached to sell his store in Beverly Hills in the past, but refuses to do so because he feels the operation would suffer (he is very involved in the day to day operations). After the Newport Beach location has opened, Mr. and Mrs. Overstreet plan to split their time between the two locations. The location will have interior changes to upgrade the decor. At this time the Overstreets do not wish to have wine tasting available but may add an "On-Sale" General license in the future. For police services information refer to the attached report by Crime Analyst Paul Salenko. Signs and Displays: Mrs. Overstreet stated the signs for the location will be "elegant and understated" and designed to comply with city conditions as to sign type, size and location. Mrs. Overstreet said they would like to have small display case that would introduce new items including new vineyards and gourmet items for people to see as they walk by. Staff may want to consider including a condition that limits the space dedicated to the advertising of alcoholic beverages in order to prevent banners or the like. Upon approval the Type 21 Off- Sale General license, 25612.5(7) B&P of the Alcoholic Beverage Control Act addresses signage and limits the area available for displays. This limitation should be appropriate for the project. Hours of Operation: According to Mrs. Overstreet, the operating hours will be between 10:00 A.M. to 11:00 P.M. Preventive Design: The Police Department has no recommendations. Securi : The location will have an alarm system that is monitored by an alarm company. They will also be installing surveillance and security cameras to monitor the interior and entrances of the location. 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 restaurant operation. For example, events likely to attract large crowds, or events for which an admission fee is charged, those that include any form of on-site media broadcast (live or taped for future broadcast), any event produced by third-party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. CSO Kim Reilly Vice and Intelligence Unit CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: February 27,2001 Staff Planner: James Campbell; (949)644-3210 i; PUBLIC WORKS DEPARTMENT X PLANS ATTACHED(PLEASE RETURN TRAFFIC ENGINEER X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDINGIGRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENTIVICE&INTELLIGENCE MARINE SAFETY REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Dennis&Chris Overstreet CONTACT: Chris Overstreet, (949)675-4836 FOR: UP2001-005 DESCRIPTION: Use Permit for a new alcoholic beverage license(Type 21,off-sale general)in conjunction with a fine wine retail wine establishment LOCATION: 3400 Via Lido REPORT REQUESTED BY: March 9,2001 COMMISSION REVIEW(Tentative): March 22,2001 Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, O discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS see attached): �7 t Si ature: Ext.3/0 Date: CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: Februga 27, 2001 Staff Planner: James Campbell, (949) 644-3210 PUBLIC WORKS DEPARTMENT X PLANS ATTACHED(PLEASE RETURN) TRAFFIC ENGINEER X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENT/VICE&INTELLIGENCE MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Dennis&Chris Overstreet CONTACT: Chris Overstreet, (949)675-4836 FOR: UP2001-005 DESCRIPTION: Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in conjunction with a fine wine retail wine establishment LOCATION: 3400 Via Lido REPORT REQUESTED BY: March 9, 2001 COMMISSION REVIEW(Tentative): March 22, 2001 Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS (0 see attached): Signature: Ext. Date: CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST (REVISED) Date: March 21, 2001 Staff Planner: James Campbell, (949) 644-3210 _ PUBLIC WORKS DEPARTMENT X PLANS ATTACHED(PLEASE RETURN) TRAFFIC ENGIlIt X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENT/VICE&INTELLIGENCE MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Dennis&Chris Overstreet CONTACT: Chris Overstreet, (949)675-4836 FOR: UP2001-005 DESCRIPTION: Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in conjunction with a fine wine retail establishment. The applicant also proposes to conduct periodic on-site wine tasting seminars during the evenings for approximately 30 people with at Type 22 alcohol license. LOCATION: 3400 Via Lido REPORT REQUESTED BY: As soon as possible COMMISSION REVIEW (Tentative): April 5,2001 Ch ck all that apply: No comments on the project as presented. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS ([71 see attached): Signature: Ext. Date: 6.-Zg- C) l CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date:February 27,2001 Staff Planner: James Campbell,(949)644-3210 _ PUBLIC WORKS DEPARTMENT !PLANS ATTACHED(PLEASE RETURN) t TRAFFIC ENGINEER X FIRE DEPARTMENT _—PLANS ON FILE IN PLANNING DEPT. R BUILDINGfGRADI1 G DEPARIMEW _ COMMUNITY SERVICES X POLICE DEPARTMENTNICE&INTELLIGENCE _ MARINE SAFETY REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Dennis&Chris Overstreet CONTACT: Chris Overstreet, (949)675-4836 FOR: UP2001-005 DESCRIPTION: Use Permit for a new alcoholic beverage license(Type 21,off-sale general) in conjunction with a fine wine retail wine establishment LOCATION: 3400 Via Lido REPORT REQUESTED BY: March 9, 2001 COMMISSION REVIEW(Tentative): March 22,2001 Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: O schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS(0 see attached): Signature: Ext. Date: CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST(REVISED) Date: March 21, 2001 Staff Planner: James Campbell, (949)644-3210 PUBLIC WORKS DEPARTMENT X PLANS ATTACHED(PLEASE RETURN) TRAFFIC ENGINEER X FIRE DEPARTMENT iPLANS ON FILE IN PLANNING DEPT. X RMDR40C GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENTNICE&INTELLIGENCE MARINE SAFETY REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Dennis&Chris Overstreet CONTACT: Chris Overstreet, (949)675-4836 FOR: UP2001-005 DESCRIPTION: Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in conjunction with a fine wine retail establishment. The applicant also proposes to conduct periodic on-site wine tasting seminars during the evenings for approximately 30 people with at Type 22 alcohol license. LOCATION: 3400 Via Lido REPORT REQUESTED BY: As soon as possible COMMISSION REVIEW(Tentative): }p€lk 2 Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: O schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS(0 see attached): L jL - 1 �. ,. Y4a �t ti Si nature: Ext. Date: 6Av CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: February 27,2001 Staff Planner: James Campbell, (949)644-3210 PUBLIC WORKS DEPARTMENT X PLANS ATTACHED(PLEASE RETURN) _ TRAFFIC ENGINEER �'_ _PLANS ON FILE IN PLANNING DEPT. X BUIL.DINGIGRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENTNICE&INTELLIGENCE MARINE SAFETY REVENUE _ ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Dennis&Chris Overstreet CONTACT: Chris Overstreet, 949 675-4836 FOR: UP2001-005 DESCRIPTION: Use Permit for a new alcoholic beverage license(Type 21, off-sale general) in conjunction with a fine wine retail wine establishment LOCATION: 3400 Via Lido REPORT REQUESTED BY: March 9, 2001 COMMISSION REVIEW(Tentative): March 22,2001 Check all that apply: roApplication comments on the project as presented. ❑ Recommended conditions of approval are attached. of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS(0 see attached): Si ature: Ext. Dater I &TICE OF PUBLIC HEARING 16 ev PA2001-025 for Use Permit No. UP2001-005 Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Dennis & Chris Overstreet for PA2001-025 (UP2001-005) on property located at 3400 Via Lido. The proposed project is described as follows: Use Permit for a new alcoholic beverage license (Type 21, off-sale general) in conjunction with a fine wine retail establishment. The applicant also proposes to conduct periodic on-site wine tasting seminars in the evenings for approximately 30 people with a Type 42 alcohol license. The project requires the consideration of a parking waiver. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Notice is hereby further given that said public hearing will be held on the 5th day of April, 2001, at the hour of 6:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Steven Kiser, Secretary,Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. Y. 049-130-12 049-130-18 049-130-21 FES MORRIS CERULLO WORLD EV DSC PROPERTIES INC 201 ROSEMARY LN PO BOX 7836 18300 VON KARMAN 820 LAS VEGAS NV 89107 NEWPORT BEACH CA 92658 IRVINE CA 92612 049-130-22 049-130-23 423-111-01 HARBOR MARINA LLC COUNTY OF ORANGE FRITZ L DUDA 9701 WILSHIRE BLVD 1210 400 CIVIC CENTER DR W 3471 VIA LIDO 207 BEVERLY HILLS CA 90212 SANTA ANA CA 92701 NEWPORT BEACH CA 92663 423-111-02+423-1Z3-01 423-112-01 423-112-02 CITY OF NEWPORT BEACH ALLAN T FAINBARG CHURCH 1ST CHRIST SCIEN PO BOX 1768 PO BOX 10728 3303 VIA LIDO NEWPORT BEACH CA 92658 COSTA MESA CA 92627 NEWPORT BEACH CA 92663 423=112-03 423-122-01 423-122-02+423-i23-0009 LJR LIDO PARTNERS LWB LIDO FINANCIAL LLC MARVIN ENGINEERING CO I 1224 E GREEN ST 610 NEWPORT CENTER DR 1 260 W BEACH AVE PASADENA CA 91106 NEWPORT BEACH CA 92660 INGLEWOOD CA 90302 423-122-03 423-122-04 423-122-0540(o LIDO P LJR GORDON C ATKINSON 3418 VIA LIDO ASSOCIATE 1224 E GREEN ST 3430 VIA LIDO 1460 WESTWOOD BLVD 2 PASADENA CA 91106 NEWPORT BEACH CA 92663 LOS ANGELES CA 90024 423-122-07 423-122-08 423-122-09♦/0 DOUGLAS W DREYER WILLIAM W MCDOWELL DENNIS OVERSTREET 519 MARIGOLD AVE 432 ANGELITA DR 210 VIA LORCA CORONA DEL MAR CA 92625 CORONA DEL MAR CA 92625 NEWPORT BEACH CA 92663 4 -123-0 423-123-02 423-123-03 TY OF EWPORT BE;;y658 B&PO OF ELKS LODGE #176 JUNE J COOPER PO BOX 768 3456 VIA OPORTO 260 W BEACH AVE NEWPO T BEAC CA NEWPORT BEACH CA 92663 INGLEWOOD CA 90302 423-123-04 423-123-05 ?INGL -123-0 ROHRS CALVIN G HARRY M KELSO VIN GINEER G CO 260 W BEACH AVE 260 W BEACH AVE W ACH AV INGLEWOOD CA 90302 INGLEWOOD CA 90302 OOD CA 90302 X 423-123-07409 4 -1/EGINE/ERG 423-123-10 T G LYON VIO OCRC ENCUMBRANCE CORP 2660 E COAST HWY 60 W 7 CORPORATE PLAZA DR CORONA DEL MAR CA 92625 INGLE / NEWPORT BEACH CA 92660 Dennis & Christine Overstreet Lido Marina Village 42 3-12 3-11 3419 Via Lido Donna Larson Manager ETCO DEVELOPMENT PMB - 161 3400 Via .Oporto .104 840 NEWPORT CENTER DR 4 Newport Beach, CA 92663 Newport Beach, CA 92663 NEWPORT BEACH CA 92660 Address Laet ✓�f�-a(�/ cb25 U10-?cao/_ d6sr 5 OWNERSHIP LIST CERTIFICATION FORM Attached to this certification form is a list of all property owners within a OD foot radius of the subject property as obtained from the latest Orange County Assessment Rolls. This list certifies to be true and correct to the best of my knowledge and belief. Signed: Donna Scales 684 S. Gentry Lane Anaheim, CA 92807 (714) 921-2921 STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On this �-7 day of �( , t004 before me, the undersigned, a Notary Public commissioned for Los Angeles County, California, personally appeared Donna Scales known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS My hand and official seal 1 Signature o- � Thaniel Davidson ' Comm.#1134083 INOTARY PU13LIC CALIEORNIAD 2 , LOSANGELES.COUNTY (� Thaniel Davidson Comm.Exp.April 15,2001 - Name(Typed or Printed) Notary Public in and for said State L F6W►QJr►6e+t7— -rwar s F&n mat ov .. W[tf'+O4iSD �� IF � I�foAhL'J �a_CNR.si1y� �dZiR�_ _ LOT 2. PfJ�+li4Y 't w mac+- -,ep : 1 vw.er 2r izN5 III,CIF4rso. CiPS•4*r4 NOM p v WA�Lb t 1 it 01 ieR two RµS � b.ZtaNEt B.S.L4 ! _ c -1=-L59 I sue. Ia R t1L•(jT_ i _/ 2 NGTE 1 NO—_ Fd iE-1S ZIGaJi AVS*a ' w"�OM-•.w,tE� . Fkam AS APPROVED BY: c P Ni I NG DIRECTOR ON (date): ' N As Submitted Cl As Modified, refer to: � CATIONS COMMITTEE ON (date): � 17 As Submitted Cl As Modified, refer Lo PLANNING COMMISSION ON (date): 9 151 " I A Submitted ❑ As ied refer k d► o: Cl CITY CUNCIL ON �� I(date}: „I � W � i3I CO Ag Submitted Cl As Modified, refer to: 4 r � f -2 I i 32�d�t +f� =fpf— -*. — IIN-`� laec-�eed„a5 show - 1` 5 =EVISICW46 ey 10 4 o r 17 fix! T f"� z DTI � A ✓Y ` �/, �'j�C��° ra, � yen _� ........_-. ....._. �. wt . �f1 l er" a < 'J .s } t �� vp Kew t Poo -rip , I AS APPROVED PLANIIING DIRECTOR at ificd refer t6: C3 As Submitted Cl As Mod `4tKi [] M9DIFICATICNS COMMITTEE ON (date): VF As S�abtnitted As Modified refer i N _ . O ON (date): r r,, '��,'�` �� !.� "`._'.."� --�--•—`�- � f�:��,.. IaI, ING COIdIi+RIS510 As Submitted Cl As Modifie 5D 5x I ,' ' ►, .. i Cl SIT } NAIL ON (date): pt J .g �.\3' f X* Q �I fitted ,refer to: w .� A ' g / Cl[! As Modified, X 1 �{ Mom• WA rt il� ( ..it4z't axR.i Jr '2A'7".x' 1 i IrIN N�W 1 w .� ', - Yell IA i DAAWM cv CHECKER'! � ,-� A,i 1) f DATE ' RECEIVED BY YV PLANNIa pEPi'�RTI��IEl�I CITY 0 P�E4�;P(�P SCAM, �. tin ' 'I �(I = N . r' I AM :. P i✓ c.€� - , rl ? 9°1�i11° ° ° ° °tl° ° SHVET 17 a " 417 x OF CR REORDER NO:e70115