Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Exhibit No. 2
Exhibit No. 2 Letter from Applicant's Attorney (with Exhibits) V 650 Town Center Drive 1 4th Floor I Costa Mesa, CA 92626 -1993 714 - 513 -5100 office I 714 - 513 -5130 fox I www.sheppardmullin.com A T T O R N E Y S A T L A W Writer's Direct Line: 714424 -8227 dhunt@sheppardmull in. com March 27, 2008 Our File Number: 17VL-136292 Honorable Robert Hawkins Chairman and Planning Commissioners Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: Overstreet CUP Revocation Proceedings CUP's 2001 -005 at 2002 -034 Your Agenda - March 20 2008 & April 17 2008 Dear Chairman Hawkins and Honorable Commissioners: Thank you for taking action to continue this matter on March 20, 2008. We also wish you to know that the undersigned was in fact present, along with our clients, at the hearing on March 20, 2008. I arrived at or about 6:45, apparently right after you had taken the action to continue the matter and the Overstreets arrived shortly thereafter. We were subsequently informed of that action by Assistant City Attorney Aaron Harp. I had the hard copies of the materials that we had previously submitted via email with me to submit to you at the hearing that night. Since the matter had been continued, I chose not to interrupt your business with the submission. Mr. Burns, counsel for the Commission, has requested that we forward the hard copies and we do so via this correspondence. We enclose for your information the "hard copies" of our letter from the email of the night of the hearing. We also enclose binders for each of you with the exhibits we presented in the email attachments. It was our intent to utilize the letter and exhibits at the hearing. They will now be relevant to your proceedings on April 17, 2008. While there almost certainly will be further material we will submit, these will be part of the presentation and we ask that you familiarize yourself with them. In the time between now and the hearing, we also invite you to visit the premises. Our clients will be pleased to show you the nature of the establishment that is subject to the proceedings. We believe that you will see that it is not a beer drinking, twenty- something club. When operated correctly it serves an older, more sophisticated, clientele that is unlikely to cause problems for the City or its neighbors. To that end, please note Exhibit "B" in the materials 1), SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Robert Hawkins Chairman and Planning Commissioners March 27, 2008 Page 2 provided, a compendium of letters of neighbors requesting the return of the Overstreet business and a denial of the revocation request. W02- WEST:3DRH I W00764334.1 Enclosures: Sincerely, David R Hunt�� Special Counsel for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Binder of Materials Prepared for March 20, 2008 Hearing cc: Allan R. Burns, Esq. (w /enclosures) June S. Ailin, Esq. (w /enclosures) David Lepo, Esq. (w /enclosures) Rosalin H. Ung, Esg. (w /enclosures) 15 March 20, 2008 VIA EMAIL AND HAND DELIVERY Honorable Robert Hawkins Chairman and Planning Commissioners Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 650 Town Center Drive I 4th Floor I Costa Mesa, CA 92626 -1993 714 -513 -5100 office I 714 - 513 -5130 fax I wwwsheppordmullin.com Writer's Direct Line: 714- 424 -8227 dhunt @sheppardmullin.com Our File Number: 0100-092513 Re: 3400 Via Lido, Newport Beach March 20, 2008 Agenda - Revocation Proceedings, Item 7 Dear Chairman Hawkins and Honorable Commissioners: This office and the undersigned have been retained to represents the interests of Dennis and Christine Overstreet with respect to the above - referenced proceedings. We thank you in advance for the opportunity to address the issues in your hearing. While we would like to make a substantial written presentation of the issues, time has not allowed us to do so. Please accept this correspondence outlining the issues and transmitting evidence important to your consideration of this matter. REQUEST FOR CONTINUANCE The Overstreets have been working with City staff before and since your January 17, 2008 meeting. They had hoped they could resolve the issues related to the revocation proceedings in that context and that this formal revocation hearing would not have to go forward. In addition, during that time, they have been attempting to work out logistical issues related to the utilization of the premises. They were not able to resolve those issues in the time frame provided. Further, in light of their desire to resolve the issue at the staff level, this office was not retained until Wednesday, March 18, 2008. In light of the above circumstances and the difficult task of preparing for defense of the revocation proceedings in two days, we request on behalf of the Overstreets that this hearing being continued for a sufficient length of time to allow for defense to develop and to address the logistical issues related to the use of the property. The Overstreets are also willing to i 0 SHEITAND SI {PVH3D MULLIN KI f6? MUILLIv & 1,'NPfOA LLP March 20, 2008 VIA EMAIL AND HAND DELIVERY Honorable Robert Hawkins Chairman and Planning Commissioners Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 650 Town Center Drive I 4th Floor I Costa Mesa, CA 92626 -1993 714 -513 -5100 office I 714 - 513 -5130 fax I wwwsheppordmullin.com Writer's Direct Line: 714- 424 -8227 dhunt @sheppardmullin.com Our File Number: 0100-092513 Re: 3400 Via Lido, Newport Beach March 20, 2008 Agenda - Revocation Proceedings, Item 7 Dear Chairman Hawkins and Honorable Commissioners: This office and the undersigned have been retained to represents the interests of Dennis and Christine Overstreet with respect to the above - referenced proceedings. We thank you in advance for the opportunity to address the issues in your hearing. While we would like to make a substantial written presentation of the issues, time has not allowed us to do so. Please accept this correspondence outlining the issues and transmitting evidence important to your consideration of this matter. REQUEST FOR CONTINUANCE The Overstreets have been working with City staff before and since your January 17, 2008 meeting. They had hoped they could resolve the issues related to the revocation proceedings in that context and that this formal revocation hearing would not have to go forward. In addition, during that time, they have been attempting to work out logistical issues related to the utilization of the premises. They were not able to resolve those issues in the time frame provided. Further, in light of their desire to resolve the issue at the staff level, this office was not retained until Wednesday, March 18, 2008. In light of the above circumstances and the difficult task of preparing for defense of the revocation proceedings in two days, we request on behalf of the Overstreets that this hearing being continued for a sufficient length of time to allow for defense to develop and to address the logistical issues related to the use of the property. The Overstreets are also willing to i 0 SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Robert Hawkins Chairman and Planning Commissioners March 20, 2008 Page 2 continue discussions with staff in attempts to resolve the issues consistent with City policy and the conditional use permit. We note that the undersigned immediately upon being retained, contacted the City staff through its attorney. We requested a continuance. The attorney contacted staff and obtained a response that they were unwilling to make such a recommendation to this Commission, but that were free to raise the issue at the time of hearing. We enclose a copy of the correspondence to your attorney confirming the circumstances of that request. We note that the continuance of this matter will not be harmful to the City of Newport Beach. The property is currently vacant. The entity subject to this enforcement action, Sejour European Bistro & Lounge ( "Sejour ") and its principals, Arthur and Carolyn Stockton, are no longer in possession of the property and are no longer operating the establishment subject to this enforcement action. Further the Overstreets have already confirmed in writing to the City staff that they will not operate any establishment on the premises until the issue of revocation of the conditional use permit is resolved. We refer you to a letter from the Overstreets to the City staff presented to you at page 231 of your agenda packet ( "AP "), Therefore, continuance of the hearing will not cause an inconvenience to the City nor will it adversely impact any City interest. OPPOSITION TO REVOCATION Since we are compelled to proceed anticipating the hearing on the staff recommendation of revocation of the permit, we will address the issues as best we can in the short time frame provided us. We note that as a result of the time frame, we will not address the substantive questions of Sejour's violation of the permit. Instead, however, we point out that this proceeding is really against the interests of the Overstreets, but none of the accusations arise from the time period when the Overstreets operated the establishment. All of the accusations regarding permit violations occurred during the last eight months of Sejour's occupancy and use of the premises. When the Overstreets learned of the issues, however, they took immediate action to deal with them, but received assurances from the City that their involvement was not needed at the time. Additionally, the Overstreets have not been properly notified of these enforcement proceedings and in fact were left out of the loop in spite assurances from City staff that they would be contacted should there be problems with the premises. Under the circumstances, therefore, there has been a violation of the landlord's right to notice of the violations and their right to attempt to cure the violations prior to the institution of revocation proceedings. SHEPPARD MULUN RICHTER & HAMPTON LLP Honorable Robert Hawkins Chairman and Planning Commissioners March 20, 2008 Page 3 THEACTIONARISES OUT oFSEJOUR IS OPERATIONS. If you review your staff report you will see that all activity upon which this proceeding is based arises out Sejour's operations, not the operations under the Overstreets. As shown in the attached lease (AP, 229) Sej our took over operations effective October 15, 2005. The activity that gives rise to this proceeding all took place in 2007. None of that activity was based upon the conduct of the Overstreets. 2. THE REVoCATIONACTION Is. HOWEYER, DIRECTED AGAINST THE OVERSTREETS. A conditional use permit is a vested property right that runs with the land. (Goat Hill Tavern v. City of Costa Mesa (1992) 6 Ca1.App.4"' 1919. Thus it is the property owner who is affected by its revocation. Here the Overstreets are the property owners. As a result, this enforcement action is really directed against them. As will be discussed at the hearing, however, the Overstreets have always acted responsibly under the CUP. They: • Operated without citation or problem from 2001 through 2005; • Acted responsibly in leasing the premises to the owners of Sej our (see Exhibit "C" and the Lease in the Agenda Packet, beginning at p. 229);1 • Acted immediately to address the permit violations when they first came up in May (see, Exhibit "D "); and • Took immediate action to address the issues when they learned again of them in January (see, Overstreet letters in Agenda Packet). We note that the staff has given a summary of alleged issues during the Overstreets' operations arising in 2004. We object to that material in its entirety. No communications with the Overstreets were shown. No citations were issued. To raise this material now four years later is entirely inappropriate and we respectfully demand the Commission not consider it under the circumstances. To do so would clearly violate the Overstreets procedural due process rights. We note that staffs file contains are two lawsuits filed by Mr. Stockton, Svelte Body Centers, Inc. and Sejour, LLC. These lawsuits have no relevance to this matter and contain allegations which are soundly disputed, and which the Overstreets consider outright fabrications. We object to their consideration as hearsay and lacking any foundation of truth and request that they not be considered in any way. `(' SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Robert Hawkins Chairman and Planning Commissioners March 20, 2008 Page 4 3. PROCEEDING TO REVOKE THE CUPAT THIS TIME VIOLATES THE OVERSTREET'S DUE PROCESS RIGHTS. Staff never gave notice to the Overstreets of the problems with the operations of their property. They never gave the Overstreets the opportunity to cure the alleged violations. All of the City contact was initiated to the Stocktons, the operator of Sejour. In fact the Overstreets only learned of these difficulties inadvertently in May of 2007 through discussions with a neighbor. In spite of the lack of notice, however, the Overstreets immediately contacted Code Enforcement Officer, Charles Spence, when they learned of the difficulties. Christine Overstreet talked with, and met with, Charles Spence in June of 2007. Mr. Spence indicated to Mrs. Overstreet that the tenant, Arthur Stockton, was working with the City and it looked like they would resolve the issues related to Sejour's operations through an amendment of the conditional use permit. The Mrs. Overstreet thanked Mr. Spence for his time and requested that Mr. Spence contact her immediately if there were any further difficulties. Mr. Spence assured her that he would. Mrs. Overstreet accepted those assurances and ultimately relied upon them to her detriment. In spite of these assurances and requests, the Overstreets were never notified of further difficulties which began to be experienced in November of 2007. All of these facts violate the letter and the spirit of the law both for procedural due process reasons, but also the intent of the Administrative Citation provisions of the Newport Beach Municipal Code. (Newport Beach Municipal Code Chapter 1.05 et. seq.) The Overstreets did not receive any notice of the revocation proceedings either. Their first clue that there was a problem came after the revocation proceedings had been scheduled. They heard from their tenant, but never received any notice, nor any letter from the City. Yet in spite of that fact, they took immediate action to remedy the perceived difficulties. They initiated proceedings to evict Sejour, and the property was abandoned. They wrote the City assuring it that it would not operate in the property without a resolution of these issues. They met with staff repeatedly to address the alleged violations and permit ambiguities. Yet they are now faced with this formal revocation proceeding. 11 SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Robert Hawkins Chairman and Planning Commissioners March 20, 2008 Page 5 The evidence will show that the Overstreets have always acted responsibly with respect to the property; that the only activities upon which permit revocation is based arise from their former tenant's actions; and that they did not receive notification of these alleged violations and thus did not receive an opportunity to solve the problems. In spite of all of those facts, however, when they did learn of the situation they, acted responsibly to end the activities and have committed to operations consistent with the CUP. Yet staff still seeks to revoke the CUP. To do so would be unjust, without basis and a violation of the Overstreets' due process rights. Therefore, we request this honorable Commission reject staffs recommendation and allow the Overstreets to continue to operate under the CUP. Additionally, the Overstreets are willing to discuss clarifications of the CUP that can assist in resolving any of the issues with which we are faced at this time. Sincerely, avid R. Hunt Special Counsel for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP W 02- WEST:3DRH 1\100754313.1 Enclosures: • Exhibits A through H cc: Dennis and Christine Overstreet 1y Conditional Use Permit — Revocation Dennis and Christine Overstreet Sejour, LLC Exhibit A Letter to Counsel June S. Silin, Esq., dated 3/19/2008, from A -I thru A -3 David R. Hunt, Esq. Letters of Support from: Gondola Company of Newport Exhibit B A Square LLC B -I thru B-4 Charlie's Locker D. Kruse Exhibit C Email Correspondence from Arthur Stockton to Christine and C -1 thru C-4 Dennis Overstreet Exhibit D Conditional Use Permit Compliance Efforts D -1 thru D-19 Exhibit E Exhibit in 2002 CUP Proceedings: E-1 thru E -11 Overstreet's Wine Bar Menu Exhibit F CA Department of Alcoholic Beverage Control F -1 thru F -2 License Summary — Sejour LLC Exhibit G Notice of Final Approval CUP Amendment and Conditions, G -1 thru G -7 dated 12/9/2002 State Bar (CA, A2) Information: Arthur F. Stockton Exhibit H Carolyn C. Stockton H -1 thru H -6 NV Secretary of State Information: Svelte Body Centers, hie. lq Exhibit No. A �k SHEPP:ahD MTJLLIN SHl TAR MULL N i JCPITLR S HAMPTON LLP March 19, 2008 VIA FACSIMILE (310) 532 -7395 June S. Ailin, Esq. Aleshire & Wynder, LLP 1515 West 190th Street, Suite 565' Gardena, CA 90248 650 Town Center prise I 4th floor I Costa Mesa, CA 92626 -1993 714513 -5100 office I 714 - 513 -5130 fax I WK jheppardmuffin.com Writer's Direct Line: 714 - 424 -8227 dhunt@sheppardmullin.com Our File Number: 0100 - 092513 Re: 3400 Via Lido Newport Beach Planning Commission Agenda, March 20, 2008, Item 7 Our Clients: Dennis and Christine Overstreet Dear Ms. Ailin: By way of confirmation, this office and the undersigned represent the interests of Dennis and Christine Overstreet, the owners of 3400 Via Lido, Newport Beach. As you know, the Overstreets own the property and had leased it to Arthur Stockton dba Sejour European Bistro and Lounge. The property is now scheduled on the March 20, 2008 Planning Commission Agenda for consideration of revocation of an underlying conditional use permit applicable to and running with the property. As we discussed over the telephone, our office and the undersigned were retained by the Overstreets to assist them with respect to this matter yesterday morning. I then called and spoke with you and requested a continuance of the revocation hearing to a later date in order to provide for time to prepare for the hearing. In response to your questions I indicated it was the Overstreets' intention to retain the permit and continue to operate the facility consistent with the conditional use permit and it would be helpful to them to have a continuance to see if they could work out the logistics for that continued operation as well. You consented to contact City staff to determine whether or not a continuance was a possibility. We spoke later in the day, just after 5:00 p.m. In that conversation you indicated City staff was not willing to recommend a continuance at this time and wished for the hearing to go forward on Thursday, March 20. It was also discussed that we could, of course, request a continuance at the hearing, but the hearing would proceed as scheduled. While we are disappointed that a continuance of the matter has not been agreed to, especially in light of the fact that the Overstreets took immediate action to stop the conduct of A -1 p, SHEPPARD MULLIN RICHTER & HAMPTON LLP June S. Ailin, Esq. March 19, 2008 Page 2 their tenant when they learned of the severity of the situation and, in fact, the establishment is not operating at this time, we appreciate your courtesy and cooperation in raising the issue and your prompt response. At this time we will do our best to prepare for the hearing but are not in a position to address many of the substantive grounds raised in light of the short time frame available for preparation. Sincerely, avi unt ~ Special Counsel for SHEPPARD, MULLIN, RICHTER & HAMPTON t.LP W02- WEST:3 DRHI W00753525.1 cc: Dennis and Christine Overstreet A -2 Transmission Report Date /T l me Local ID Local Name Comp8ny L090 This document Was confirmed. (reduced sample and details below) Document Size Letter -S I woos I weiain cwvaa.� I avAlr.d oup If arrerxera •• 1Aw 'Relsalwawlrnelusnvl ,... FACSIMILE COVER SHEET ••Tilts F.f�.6TRAA6'MIdbION N2L NOt I1B MlIIBB " Drb: bmoh l9,mOB }9a] bw.. Taw mm6v d'Pa9ar � Bdprgaex mlaN'al. Plem aO MWY19oNCM'mxV ShepiuN MWI'v Y]14�5133100 1.14" 3/ 3 lwaR eB'm.Ew. (310)53an9s t Pawl: Bavid RFLmt Rc 1d0015e lido NewpmtBaehWmaie ¢Coo�ieaasApdgMmW 3DZAa.Bm] OlvCtiw: DvNe ml(bimee OSraYetl 11 I Pkwasmddleanofbdgh tlme raletivebihe xh4w1de1vmdmus V a[LIXNr.Yw Nw �ilnmmllw pNV �MM WR191Y wi 4CNaWGmIRNI�a�L'I�l G1VII1 RgNAT 51EiwMl�.ltAIOMONaW WIMTY.YM 14I1C1Y UO Rxl1(ITF Total Pages scanned 3 Total Pages Conflrmad 3 3- 19 -08: 2:31PM 714 513 5130 SHEPPARD MULLIN OC SHEPPARD MULLIN OC No. Doc RemOte Station Start Time Duration Pages ModE COmments Results 1 118 •3809251391310532039 3- 19 -08; 2:29PM 1.14" 3/ 3 EC DR: CP 14.4 Notes . EC: Error Correct BC: Broadcast Send CP: Completed H5: Host Scan HF- Host Fax l' RE: ReSend PD: Polled by Remote MB: Receive t0 Mailbox MP: Multi -Poll PCs: Polling a Remote PI: Power Interruptlon RM: Receive to MemOry DR: DOCument Removed TM: Terminated by user HP: Host Print FO: Forced Output WT: Waiting Transfer HR: Hoat Receive FM: Forward Mailbox DOC. W5: Waiting Send A -3 �A Exhibit No. B GONDOLA COMPANY 't PwNEWIOR i January 17, 2008 To Whom It May Concern: We have been merchants in Lido Marina Village for 15 years. We have no objection to the Overstreets operating a quiet wine bar across the street from our offices in accordance with the use permet. When they first opened, their business, Overstreet's Wine Bar, was an asset to our area and there were no problems with their patrons. It was only when they ceased their operation and new operators turned the establishment into a bar /nightclub that big problems began in our area: vandalism, loud music, unruly crowds, fights, etc. As long as the use permit is not amended to allow the building to be turned into a nightclub again, we would support the continuation of the existing use permit. Sincerely, James Mahoney Gondola Co. of Newport & Gondola Romance (949) 675 -4730 Lido Marina Villiage -3400 Via Oporto, Suite 103 -Newport Beach, CA 92663 - 949- 675 -1212 -Fax 949 -675 -8812 E -mail: gondolaNB @aol.com Web site: www.gondolas.com B -1 i�� City of Newport Beach Newport Beach, CA 92663 Attu: City Manager RE: Overstreet's Wine Merchant & Bar Dear Sir, We welcome the opportunity to embrace Overstreees Wine Merchant & C Bar in our community once again. Dining the more than three year period in which the Overstreet's operated their Facility as our next door neighbor we never had any issue with them, their staff or their customer's. We frequented their store often and recommended it highly to family, friends and customers. The same a mot he said for Sejour - Good Riddance! Sincerely, y . Diana Thomas Managing Member B -2 �1 J n w� M'4 c o"c tsrziy �vNS10L=✓z!!�G- 7-F,c,� QE'r/c rt- F 2Y6O VI IIS /8P 7-b A-1-A io y �C�T7f ©y 4F ?�F' uSE 'T 7�/�iNE �F f rr MbvL.6) /-,/67— 9EAA, TIME 4A> Fort o4 A N IER-As . t �S � CA, -1 E T74,�r A-ti�wrZ t / r� S7-1F xr- ov9, Rv, Heo A Gar rt A -444 E� roc !�F�+M N7- _z•� 13€ualc- 6✓fr/4 THE Ov9A,:rnTrT1 &4,6 A7- 7TffF_ #Q-Mt1, Tf de 4N ,AZE7- 9'o T#F �_lGb CCowlw.vrr/7- r fav�av�c Lt 1 3410 Via Lido • Newport Beach, CA 92663 • 949675-6230 Fax: 949 675 -6335 =9n" J B -3 P�q RESIOENTIAt & COMMERCIAL INTERIOR OESION Towhoit nny Calm l Ithas come to myottentian thatthecityof Newpa't 9�chmay rewlte Che use {Eetmt F�'the puerstreetsot3900Ya lido.l thinkthisshoukl aotimppen.The Uverstreets have been aaasset Far many years to the lido �I�e.We vrould wek�ne Ctrs UuerstreeXs hack to dEe nei9hbarho� at any time. 1 I 3412 VIB 0do Newport Beacfl, U 063 Tel: 949.6731302 fax 949.673.MB wvwu,d-kru -M B -4� Exhibit No. C �b Christine Overstreet FMM: Arthur Stockton iarthurstockton @sbcglobal.net) Tuesday, September 27, 2005 9:56 AM coverstreet@adelphia.net Chris: One other quick note, I do not and have not in any way questioned your integrity. In fact, I found both of you quite refreshingly honest and that is a major incentive for me to move forward, as nobody can ever anticipate all the issues which might arise in a transaction and the good faith and integrity of the parties is ultimately what makes a transaction successful. I did receive the use permit. I simply believe that Renetta's interpretation of it is (as it should be when she represents you) aggressive. Paragraph 10 requires any liquor license transferee to notify the City that they accept the terms of the Use Permit as amended. The terms of the permit specifically reference the locations in what is designated Unit A -1 and A -2 as to separate the retail store from the bar. Then the permit says any change in the character of occupancy requires approval. Given that the permit is for a Retail Wine store primarily with the oh -site consumption limited and adjunct, putting the medical practice in the retail wine store space and combining the retail wine/ bar into one is likely a change in the character of occupancy requiring approval. While we all believe it would be approved as the business is downsizing, you don't have the time for us to pursue this before we sign a lease. Without pursuing this, we cannot covenant to maintain the liquor licenses if the City pulls the use permit and we cannot compromise so far to maintain the permit that the issue prevents us from doing our core business. our solution is that we will purchase the Liquor Licenses but if the City pulls the permit and /or makes the requirements to maintain it such that we cannot do our core business (this is a space issue), then we would no longer have the obligation to maintain the liquor licenses and you have the right (but not the obligation) to buy them.back. I hope this helps you understand what the issue was and T hope the solution is satisfactory. etta will advise you accordingly. C -1 31 EMM: Arthur Stockton [arthurstockton @sbeglobal.net] t: Saturday, October 01, 2005 11:21 AM coverstreet @adelphia.net Subject: landscaping Dear Chris and Dennis: In getting ready for the 15th, would it be alright if we had our people (at our expense) address the overgrown landscaping? In addition to normal trimming, we would like to trim back the trees out fron_f_ o°Vd- -Dose the sign. Also, we may eventually want to put nice flowers where the existing non - flowering green foliage is along the side. Further, who owns /maintains the pots along the sidewalk? Once again, we would like to upscale the flowers, etc. (and maintain them in good condition at all times) if that is possible. Frankly, we would like to upscale the pots too! Also, if we wanted to use some other decorative pots along the 'sidewalk on the street side, is that possible? One other thing we are examining is e4tgrjor_ljghtj41g. We might want to wash the walls (artistically) with very upscale lighting, and outline the roof perimeter in fine white band lighting. We are having a lighting expert look at the situation and give us an illustration/ proposal. I just wanted you to be thinking about it. Again, everything is being considered on a Rftz- Carleton type of approach. The general idea of all of this is to make the exterior appearance and maintenance every bit as important as the interior. The signs have been ordered and will be ready on the 15th. They will just replace the existing signs so they will go up in just a few minutes. Unfortunately (or fortunately) entire canvas out front had to be replaced for the new signs. At least everything will . ;nd look brand new. I am also now understanding that there is no stove in the serve some kind of food to maintain the 1 i quo Of course, we have to purpose. stove for this quor license and I have no problem purchasing a However, there is no hood,or vent. Again, we have no problem installing a hood or vent, but is there a reason why there i.sn t one now, i.e. it is not permitted, etc.? Thanks and I hope you are experiencing some relief now. Jamie Is being very helpful and appears to be capable of maintaining the status quo while we work out the logistics d In issues so tngme to ovYY,ea "o feel fdermologie uriE�Y1 g cs an ']:Wie`Susiness. My contacts at the City are aTl,V-'ciiange't'Yie current operations until we w'e °w1fr7iiot be putting up a sign' or the ' in our position. Because we want to guard your reputation zealously, and people may ask about the change, what would you like us to say to anyone who might inquire? Art V i' EE 1� `'.., 1 C -2 i rage t of 1 Christine Overstreet From: Arthur Stockton larthurstockton @sbcglobal.net] Sent: Tuesday, October 04, 200510:45 AM To: coverstreet @adelphia.net Subject: Re: more Christine: Again, thanks for the information. You can drop off at the post office until we get a dedicated fax in. The funny thing is that we have a fax at the house, but these computers search phone lines for fax tones and before you know.it someone has taken over your fax for their own personal advertising. Then I wonder why they do it, because I am so offended that I would never buy their products. Anyway, we can turn on the fax manually if you want to call me. I am at home this am - 949 - 675 -6074. I was hoping we could keep the old phone number so that we might be able to book some of the private Parties you mentioned if they became available. Jamie thought it important. At the same time, I understand and do not want to preclude any of the opportunities you earned and built there. Maybe you could send us any events that you cannot handle at your new places. Likewise, I hope we can feed customers to your new restaurants as well. We will just have to evaluate the efficacy /advisability of the cooking situation. We will likely reach the same conclusions you did. I do still want the names of those permit helpers you mentioned I remain Cquite paranoid about changing ANYTHING without the City in the loop and happy. It would be nice to „ave someone help us who is wired into the politics. We will change the locks to secure everything. We use Balport as well. Have you had an theft problems with the wine over the years? I would appreciate any input you have on any theft issues - bar or wine. We remain interested in purchasing the building. I know you have a lot on your plate and, as I told you before, nobody understands your position better than Carolyn. To this very day she has not forgiven me for the position I put her in with the businesses when the kids were young. She was beside herself most of the time and I made it worse with my travel schedule. Worst of all, I missed a lot with the kids when they were growing up. I don't think any amount of money is worth that and I would do filings quite differently if given another chance. If it would be helpful and your plate has room, would you and Dennis like to discuss the sale of the building? Art The pot around the perimeter are taken care of by Lido Marina Village. They belong to them. Donna is your contact. The phone number is one the wall directly across Via Oporto. She handles all of the leases for the waterfront and manages the Village. Sorry, 1 don't recall her phone number. QFine of the Olive Trees 10/4/2005 C -3 I ascz V1 /. Yes SBC is the phone line. We will arrange to remove our phone numbers as of 10/14. We will keep our main line and refer our customers to our Beverly Hills store since we have a lot of overlap between stores. Yes, Kyle is confidential to Jamie. Thank you. Kyle leaves for Maui on Thursday anyway. How do you want me to get the information to you since you don't have a fax. Shall I drop it at your mail box on Riverside? Hood - we looked at it and didn't want to deal with a Grease Trap so we dropped the matter. Video Taping on Saturday 10115 is fine with me. I'll videotape on Friday 10114 when my kids are in school. I Are you changing the locks? Balport is familiar with the Building. If you don't want to you can simply change the entry codes on the Alarm System which is Bay Security. Contact is Janet Garinger 650 -6560. As mentioned, the cost is $345.00 per months which is pretty reasonable. They also send you a monthly report of in/out per code. You can have up to 6 individual codes. Chris O. C-4 ,f 10/4/2005 3�l Exhibit No. D SEJOUR, LLC 3400 Via Lido Newport Beach, CA 92660 NEWPORT BEACH ---- ----- ALjmnttvif SERVICES Revenue Division May 15, 2007 PERMIT TO CONDUCT LIVE ENTERTAINMENT The City of Newport Beach does hereby authorize live entertaimnent activities to be conducted at 3400 Via Lido, Newport Beach, CA, 92660 and this permit is issued to Sejour, LLC and is not transferable er another location d entity. The a permit must be posted at the location. "Phis Of this permit is contingent on the compliance with the regulations for operation as defined by Newport Beach Municipal Code Section 5.28.041 and the following specific conditions: approval 1) Hours of live entertainment shall be limited to: 1:00p. to 11:00 p.m• I hors. 2) Live entertainment is 1:00 P.m. to 12:00 a.m. Fri., Sat., Bc Sun. Thursdays, Fridays and Saturdays. permitted, Fridays, Saturdays and Sundays, On alternate weeks, 3) The live entertainment shall be limited and confined to the interior of the structure. 4) Dancing is prohibited in conjunction with this facility. 5) Comply with all conditions of the Use Permit. This permit may be revolted for any of the following reasons: I) Failure to comply with the above 2) '11, stated conditions, e permitee has ceased to meet the requirements for issuance of the permit, 3) The establishment has been operated in an illegal or disorderly manner or in violation of any of the regulations set forth in Section 5.28.04. 4) Music or noise from the establishment for which the pen-nit was issued interferes with the peace and quietness of the neighborhood. 5) The Permittee or any person associated with him as principal or partner, or in a position or capacity involving total or partial control over the establishment for which this issued, has been convicted Of criminal offense involving • Permit is moral turpitude, Approved by: lj:7 , Date: 1 Permit Conditions Acknowledged by Date: cc: City Manager _....Police Department 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3141 • Fax: (949) 644 -3073 • www.city.newport- beach.ca.us D-1 Yj CITY OF NEWPORT BEACH RECREATION & SENIOR SERVICES Wes Morgan, Director May 17, 2007 SejourlArthur Stockton 3400 Via Lido _ Newport Beach, CA 92663 Mr. Stockton, On Wednesday, May 16`h you submitted 3 Special Event Permits for events planned on May 17, May 18, an May 19`h at Sejour (3400 Via Lido). You had been previously advised that Level 1 Special Event Permits are required to be submitted a minimum of 6 calendar days prior to the event dates. Therfore, the permits you submitted for May 17th, 18th, and 19th, 2007 are hereby denied and you are not authorized to hold these events. In the future, we will be happy to process your permit requests if they are submitted with at least 6 calendar days notice. If you should have any questions, you can contact our office at (949) 644 -3151. Sincerely, l rybQtt7 0.- � Matt Dingwall Recreation Supervisor Cc: Sean Levin, Recreation Superintendent Jay Garcia, Senior Planner Patrick "ord, Senior Planner Charles Spence, Code and Water Quality D -2 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3151 • Fax: (949) 644 -3155 • www.city.newport- beach.cams a age. A vi . Christine Overstreet From: Arthur Stockton [art®sejour.us) Sent: Friday, June 15, 2007 2:49 PM To: ooverstreet@adelphia.net Subject: ility tUse Permit Dear Dennis and Christine: 1 plan to file for a Use Permit Amendment on Monday. Wiil either of you be available for a signature as property owner on Monday? We are going to file for the ability to have an integrated retail wine store and restaurant. We will work our way back from there. Business continues to be very strong. Unfortunately, we are turning away more than 100 people per weekend because of our operating limits. Everyone at the City seems to have a good attitude. I am optimistic that we can get most of what we need. I continue to appreciate your indulgence in this difficult time. 9. ILI D -3 2/25/2008 3� Christine Overstreet From: Arthur Stockton fart@sejour.usj Sent: Friday, June 29, 2007 1:36 PM To: coverstreet @adelphia.net Subject: Miscellaneous Items Hi Dennis and Christine: We will have the rent check on Monday. We will put it in your mailbox across the street unless otherwise instructed. I have received several notices now of a pending Forcible Entry and Detainer in Orange County Superior Court. In my conversation with Christine last Friday, she told me it had been withdrawn. I am operating in reliance on that statement. The roof is still an open item that needs to be addressed. The roof has leaked every time it has rained since we took possession of the building. Accordingly, we are not responsible for these repairs or consequences. The roof still leaks in the women's restroom and lately even leaks when the air conditioner sweats. The drywall also needs to be repaired on the ceiling. I am simply too busy to address these items and need you to take care of it. I will make myself available to meet the repairmen. It is my strong opinion that the roof needs to be replaced. The damages that could ensue if it keeps leaking are considerable. Also, there is a strong risk of black mold. Finally, I should have the use permit amendment finalized this coming week. I was able to get the radius map and address labels. I will try to have this to you Monday or Tuesday and would like to file with the City by Friday. t appears that the worst is behind us. Business is very strong, even though we are operating with our hands tied aehind our backs. Sincerely, Arthur Stockton 7/1/2007 � I Sejour, LLC 3400 Via Lido Newport Beach, California 92663 (949) 310 -,7698 August 1, 2007 Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 RE: Amendment to Use Permit Number 200145 — 3400 Via Lido Ladies and Gentlemen; are no Attached is the proposed amendment to the above -refer use.pennit. $ecau= there f �whatsoe�'er proposed to the structure, we are req ift am mplete sets of blukwints be waived, We have enclosed the he blueprint relevant to the space utilization issues as well as an explanatory illustration which should be adequate for the decision making process. As You already nodw, this has been a v,,y difficult and challenging experience for our utte YOU expediting this process to the extent possible so that our business has the best chance to survive. S' ur F. Stockton D -5 j6 CITY OF NEWPORT BEACH Application: e COMMUNt7Y AM ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORTBOULNVARD NEWPORT BEACH. CA 92658 (949) 644 -3200: FAX (949) 644 -3250 PART I: Cover Page Project Common Name (if armlicablel: _ ❑ Use Permit No. ❑ Planning Director's Mailing Address: 5 c,., 4— < Use Permit No. ❑ G.P.AJAmendment No. O Variance No. Phone: Fax ( ) Property Owner (if different from above): fJEti,N.s l�v�� st��- k Mailing Address: FEES: APPIACANP (Print): L L C CONTACT PERSON (if different): Mailing Address: 3�`7I t'n 1 . cam 1– :" Z� ( tom { 0 r r Q t et-U% Mailing Address: 5 c,., 4— < Phone: 04% .3 i o ?4 Off Face (ILI) (,-IS-- UI Phone: Fax ( ) Property Owner (if different from above): fJEti,N.s l�v�� st��- k Mailing Address: r�,�PvrT iCcr Ca i er 7-663 ` Acme: -iii ) i 7- 3 —0 ax ) PROJECT ADDRESS: 3,A00 V t ,%- Lt o v Project Description (If applying for a variance, also complete attached form for required findings.): A W\0-,0 t+..i, t,A -6 `F7e -Nr va t h -r kk,. kt.\ au, -1 % � Flo IA PROPERTY OWNER'S AFFIDAVIT (1) (We) property(ies) involved in this application. (1) (We) further certify, answers herein contained and the information herewith submittecj knowledge and belief. ' Signature(s) __JL depose and say that (I am) (we are) the owner(s) of the der penalty of p�erju , that the foregoing statements and din all respects tgjAn� copma to best of (my) (our) NOTE: An agent may sign for the owner if written authorization from NSe record owner is filed with the application. D -6 DO NOT COMPLETE APPLICATION BELOW THIS LINE FOR PLANNING DEPARTMENT USE ONLY: indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: Fee Pd: Receipt No: Date Deemed Complete: _ Posting Date: Planning Director Action Date P:C. Hearing Date C.C. Hearing E)I ISERSU4,MASHAMIM IFORMSWSE -A".DM r t Hearing Date: Mailing Date: Appeal P.C. Action Appeal C.C. Action D -7 PART II: Project Data Sheet Project Common Name: Application Number(s): Project Address/Location: Assessors Parcel Number(s): Legal Description (Attach on separate sheet, if necessary): Existing Land Use: Proposed Land Use: Zoning District: Land Use Designation: Existing Development Proposed Development Zoning Code Regtfirement Lot Area (st) Lot Width (ft) Lot Depth (ft) Setback Yards . Front (ft) Side (ft) Side (ft) Rear (ft) Gross Floor Area (st) Floor Area Ratio Building Coverage (OA) Building Height (ft) Landscaping ( %) Paving ( %) NIA Parking Number of Employees Hours of Operation Number of seats Dwelling Units PART III: Plans 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. Ali plans shall be collated, stapled and folded to a size of VA" by 14", maximum. The Planning_ Director may modify or waive submission requirements if deemed unnecessary to support the avolicatioa 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.) El D -9 B. 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. EIgntions 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. Optional 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. Property Owners' List and Assgssor's Parcel Mans 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 waterways for commercial properties only) shall be submitted. The list shall also contain the addresses of occupants of residentially -zoned property within the required prescribed radius only if 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. D -10 l This information stall be prepared by a title company or an ownership listing service doing business in Orange County, utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor's maps, or attematively, 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. Protect Description and Justiilcatlon 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 FSadings Application Section Transportation Demand Management Ordinance 20.64.040 F.stablishmem of grade by the Planting Commission 20.65.030 (11-3) Sign Exception Permis 20.67.045 (B) Accessory Outdoor !lining 20.82.050 (B) Waiver of location. restrictions for massage establishments 211.87.025 (B) Modification Permits (General) 20.93.040 For condominium conversions 20.83.025, 20.83.035 (B) Use Permits (Getteral) 20.91.035 (A) To exceed base development allocations 20.63.040 (B or C) To allow mixed use developments with less than 0.25 FAR for commercial development 20.63.040 (E) To restore of damage or Destroyed nonconfidining structures 20.62.070 Conversion of a Maximum FAR use to a Base FAR use or to a Reduced FAR use, or conver- sion of a Base FAR use to a Reduced FAR use 20.63.050 (B) To transfer development intensity 20.63.080 (1) To modify or waive of off-street parking and loading requirements 20.66. 100 (A) For ban and cocktail lounges 20.82.020 (B) For take -out service, Iin ited 20.82.020 (C) Variances (Seepage 8 of application) 20.91.035 (B) 6 D-11 tt� L Environmental Information 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. 7 D -12 4� Variances: Required FindinM: ! • 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 n the partiGUhit case be materially the 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.) CI. What exceptional circumstances apply to the property, including size, shape, topography, location or surroundings? 2. Why is a variance necessary to preserve property rights ?. 3. Why will the proposal not be detrimental to the neighborhood? D-13 q� The purpose of this amendment is to permit Sejour to operate as a filly integrated Art Gallery, Wine Stoe, Tapes, Wine and Martini Bistro. The principal goal of the amendment hs to permit Se jour to utilize its entire facility for these purposes, rather than have the space apportioned for these uses as currently waft under Use Permit No. 2001- 005 - Conditions of Approval. The proposed operation is illustrated on Exhibit A attached hereto. Sejour is nearly two years old and anchors the comer of Lido Marina Village. The Village currently is in state of deteriorat ion. It is hoped that there will be redevelopment, but the timing is far firom certain and still may be five years away. In the meantime, the Village is no kmgrr a significant pedestrian destination. Accordingly, after five years of effort both by the prior owner and Sejour, the operation as currently permitted has been unprofitable. However, what has been generally successful and has bolstered retail sales of wine, cordials and w=ssories has been to utilize the facility as a romantic evening destination as well as for special events focusing on wine, cordials, martinis. scotches and the like as centerpieces. These events include food #airing events, engagement parties, corporate everts' wedding receptions, birthday lames, charitable events, etc. Some of these events occur in conjunction with harbor cruises which originate in the Village. Se our is a very desirable location for these events due to its unique, European ambiance, which will only be enhanced by the integration of a fine at gallery . Under the cuaent use permit, however, Sejour is not allowed to serve alcohol or food in the largest rooms most logical for these events. Specifically, Sgow a requesting the following adjustments to the Conditions of Approval for Use Permit No. 2001 -005 (attached hereto as Exhibit B): 1. Revise condition number 10 to give equal emphasis to on -site and off -site alcohol sales. 2. Revise condition number 11 to read that the majority (51%) of on -site and off site - sales will be vice. 3. Revise condition number 13 to permit Sejour to operate as a fully integrated Art Gallery, Wine store, Tapes, Win: and Martini Bistro. 4. Eliminate condition number 14 segregating space strictly for retail. 5. Revise condition number 15 to reflect integrated hours of operation from 11:00 AM until Midnight Sunday through Wednesday and from 11:00 AM until 1:00 AM Thursday — Satunday and on any day before a federally recognized holiday. 6. - Eliminate Condition 17 probibiting the sale of beer. 7. Eliminate Condition 18 and permit Sejour's occupancy to be increased to the maxima n number of people allowable as determined by the Building Department (recently estimated by the fire department to be about 85 people). D -14 qI It is our sincere belief that Sejour will remain an asset to the community and Lido Marina Village under these conditions. It is also our sincere belief tbat there is more than adequate parking available w the mstmg parking garage and surrounding areas to accommodate Sejour's needs without being a burden to the surrounding community. Sejour can obtain additional parking from the garage depending on the occupancy determinations described above. D -15 PH Exhibit A Operation Blueprint D -16 61 C a 6or�lco-uy� 1�o� osc.> UPeveA--1 -r "ov, (Y) F� I N BprR Z, �V-a 4-b r 0� koi o� 0 � a IRC- ST'aa4" I R«S�- Oa fn 5 � SPA -ccy k R I �--rf r �U x b °J /(mob yr D -17 5), Exhibit B Use Permit 2001 -W5 Conditions of Approval D -18 53 C Christine Overstreet From: Arthur Stockton [arthurstockton @sboglobal.net] Sent: Thursday, August 02, 2007 10:23 AM To: coverstreet @adelphia.net Subject: Re: Check and Use Permit Amendment Attachments: Project Description and Justification.doc Hi Christine: I have the rent check and the completed Use Permit Amendment. Would like to coordinate with you and drop off today. (Left you a phone message. You can reach me at (949) 310 -7698. If at all possible, would like to get your signature and possibly file this today. Attached is the project description attached to the Use Permit. Please let me know if you have any suggestions or revisions. Thanks, Art D -19 2/25/2008 5 t1 Exhibit No. E EXHIBIT 3 m F,i 5� Overstreet's Wine Bar 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 The Menu at Overstreet's When food and wine find a perfect marriage, it's a magical moment, an unforgettable sensual experience. -- Dennis Overstreet Overstreet's New Wine Guide Small Plates Malpeque Oysters on the Half Shell / champagne mignonette / fleur de sel 1.25each Cured Olives / candied walnuts / coriander / lemon 100 Olive Tapenade / shallots / cr6me fraiche / toasted baguette 4.00 Croque Madame / bacon -onion marmalade I gruyere / field greens 6.00 Wild Mushroom Santee / creamy polenta / bleu cheese / balsamic reduction 10.00 Salads Grilled Figs / bleu cheese I parsley I shallots 6.00 Kenter Greens Salad / sherry vinaigrette / pine nuts / parmesan 6.00 English Cucumber Salad / cherry tomatoes / basil / balsamic vinegar 6.00 Heirloom Tomato Salad / basil / chevre / citrus vinaigrette 7.00 Chicken �2D6 Ancho Chile Grilled Chicken / sweet corn salad / red onions / parsley 8.00 Five Spice Chicken / coconut steamed rice / ginger broth / bamboo shoots 9.00 Pan Roasted Chicken Breast / wild mushroom / cous coos / pine nuts 9.00 l�. E -2 51 Overstree!'s Rine Bar 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 From The Sea Cold Smoked Tasmanian Salmon / dill cr6me fraiche / vodka/ mesclun mix 8.00 Steamed Mussels / white wine / garlic / shallots 9.00 Ginger -Soy Marinated Prawns / star anise panna -cotta / scallions Ahi Tuna Tartare / Asian aioli / guacamole / ponzu sauce 10.00 12.00 Pan Roasted Alaskan Halibut / fava beans / tomatoes / English peas 12.00 Pan Seared Sea Bass / celery root puree / English pea emulsion / black sesame 12.00 Traditional Ioz.. Service of Caviar / chives / egg / shallots / capers / toast points Sevruga 55.00 Ossetra 65.00 Beluga 75.00 From The. Land Roasted Lamb Chops / cranberries / cous sous / mustard jus. 14.00 Seared Foie Gras / caramelized figs / balsamic gastrique / Irisee 22.00 For Dessert All Desserts, 7.50 Berry Trifle / raspberries / blackberries / whipped cream Franjelico- Infused Chocolate Mousse / single - estate chocolate / whipped cream Black & White Sundae / chocolate sauce / marshmallow cream / vanilla bean ice -cream Tapioca Brulee / caramelized sugar / mint / blueberries E -3 5V Opersrreel's Wine Bar 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 The Cheese Deaustation. There are more than 2,000 cheeses in the world. Here, Chef Jason has selected a few of his current favorites. What's more, to fully explore the cheese's full range of flavor, he has paired each cheese with key ingredients. Much like wine, cheese can be described in terms beyond the obvious. Seldom does someone say, "This wine tastes like grapes. " More often one hears, "This wine kinds tastes like ... grass /vanilla/wood/smoke /pears." The same can be said for cheese. Close your eyes, take a bite and ... enjoy! Our Current Compositions Goats Milk Gouda, raspberries -- peppery / tangy / from Holland Pave du Morin, Whisky - smoked pecans soft / refreshing / creamy (cream is actually added!) French cow's milk Point Reyes Blue, walnuts, honey - -California's only classic -style blue cheese Rochebaron;caudied cashews, blackberries soft French cows milk cheese / swathed in ash Crottin de Chavignol, peach, balsamic reduction salty yet sweet French goat's cheese One Cheese Composition 7.00 Three Cheeses 12.00 Artisan Cheese Board, the entire selection of five cheeses 15.00 Please Note: All cheese served at Overstreet's Wine Bar can be purchased at our retail counter. Take home a little wedge of heaven! E -4 �7 Overstreet's Wine Bar 3400 Via Lido, Newport Beach, CA 92660 (949)566 -9463 The Prix Fixe The Prix Fixe menu is the crux of the Overstreet's mission. Here, we've paired some of our favorite plates with wines that offer both balance and symmetry. Certain pairings help to accentuate or highlight a flavor, while other pairings are simply to counteract or tame an unruly ingredient. Always changing and always fun, the Overstreefs Prix Fixe is a total- dinin&experience. Kick up `yer' heels and settle in! Prix Fixe # 37 Three Courses Paired With Three Glasses of Wine 45.00 English Cucumber Salad // Chateau Haut Rian, Bordeaux Ahi Tuna Tartare // Torli Mor, Pinot Blanc Cheese Composition: Pave du Morin, whisky- smoked pecans // Dehesa Gago Prix Fixe #12 Three Courses Paired With Three Glasses of Wine 45.00 Kenter Greens Salad It Teruui & Puthod, Terre di Tufi Ginger -Soy Marinated Prawns // Gerhard, Riesling CCheese Composition: Roehebaron, cashews and blackberries // Baileyana, Pinot Moir Prix Fixe #82 Five Courses Paired With Five 'h Glasses of Wine 65.00 Heirloom Tomatoes // Bouvet Pan Roasted Chicken 11 Chateau Montelena, Chardonnay Grilled Figs // Byington "Alliage," Californian Bordeaux -style blend Cheese Composition: Crottin de Chavignol, peach and balsamic reduction // Echeverria Berry Trifle // Chateau Coutet, Barsac Prix Fixe #61 Five Courses Paired With Five %, Glasses of Wine 65.00 Kenter Greens Salad // Colombelle Cold Smoked Tasmanian Salmon // Sokol Blosser, Evolution #9 Roasted Lamb Chops // Downing Family, Cabernet Sauvignon Cheese Composition: Point Reyes Blue, walnuts and honey // Fusee, Symb, Tapioca Brulee // Chateau Coutet, Barsac Please Note: Prix Fixe dinners are carefully planned for your enjoyment. Please, No Substitutions. E -5 �b I Overstreet's Wine Bar 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 ..bubbles Wine is the world's most intriguing beverage. It begets an endlessly fascinating conversation that involves mathematics, science, art, music, opinion, romance, speculation, desire... Dennis Overstreet Overstreet's New Wine Guide Dour bott e NV Bouvet, Ladubay Signature, Loire Valley, France 4.00 17.00 delicate, perfume, vanilla, candy, roses '99 Varichou & Clerc, Brut_ Blanc dq Blancs, France 6.50 20.00 poignant, lively, creamy, toasty, citrus NV Piper- Heidsieck, Brut Champagne, France (split -bottle w /straw) 14.00 electrifying, fun, oyster shell, hazelnut, toast NV Lanson, Brut Champagne Black Label, France 12.00 50.00 proud, consistent, dough, honey, pepper NV Mumm de Cramant, Brut Blanc de Blancs, Champagne, France 20.00 65.00 determined, solid, crisp citrus, rare mineral 193 Dom Perignon, Brut Champagne, France dignified, chic, toast, coffee, hazelnut 100.00 '95 Louis Roederer, Cristal, Champagne, France dazzling, opulent, rich, citrus, dough 150.00 Don't see anything you line? Just ask! Our salon and cellar is filled with the best the world has to offer. Overstreet's Wine Bar bottle prices are based upon on-site consumption only. Wines from the salon and cellar may require a S 15.00 corkage fee. Ask your server for details. E -6 ! Overstreet's Wine Ear 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 ...white IiaFtt 101 Colombelle, Cotes de Gascogne, France vivid, appealing, green peach, lemon, mineral 100 Heather Ranch, Chardonnay, Russian River Valley brooding, smoky pear, toast, butterscotch, melon '00 Torii Mor, Pinot Blanc, Oregon graceful, peach, pear, melon, spice medium 101 Chateau Haut Riau, Bordeaux, France surprising, rogue, grass, nuts, fruit 101 Gabriel Meffre, "Fat Bastard" Chardonnay, France "get in my belly," butter, pear, citrus, monkey elbow 102 Isabel, Sauvignon Blanc, New Zealand waif - runway- strut, pear, grapefruit, celery? 199 Kumeu River, Chardonnay, New Zealand debonair, refined, apple, spice, peach full 199 Teruzzi & Puthod, Terre di Tuft, Italy graceful, darling, lemon, apple, vanilla 00 Gerhard, Riesling- Kabinett, Germany brilliant, dense, nectarine, mineral, passion demi ogur bot le 1.25 3.50 15.00 3.75 7.50 25.00 5.00 10.00 25.00 3.00 6.00 20.00 3.25 6.50 20.00 3.50 7.00 20.00 7.50 15.00 45.00 2.25 5.50 20.00 3.00 6.00 25.00 NV Sokol - Blosser, Evolution No. 9, Oregon 3.25 6.50 25.00 ...uncanny, complex, floral, sweet, dry '00 Chateau Montelena, Chardonnay, Napa Valley 4.00 8.00 28.00 stalwart, oak, apricot, fig, vanilla Don't see anything you like? Just askl Our salon and cellar is filled with the best the world has to offer. Overstreer's Wine Bar bottle prices are based upon on -site consumption only. Wines from, the salon and cellar may require a $ 15.00 corkage fee. Ask your server for details. E -7 O Overstreet's Wine Bar 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 ...red mi Dour bot le light '98 Pascal Avril, Cabernet Franc, Chinon, Loire Valley, France 3.50. 7.00 20.00 gentle, velvety, plums, spice, leather 199 Ba!leyana, Pinot Noir, Edna Valley 4.00 8.00 30.00 silky, suave, cherry, plum, sage '00 Elk Cove, Pinot Noir, Willamette Valley 5.00 10.00 32.00 prize - fighter, symmetric, strawberry, vanilla medium '00 Bodegas Toresanas, Dehesa Gago, Toro, Spain 2.25 4.50 20.00 aggressive, wild, plum, blackberry, rustic spice '98 Chateau Cruzeau,Pessac- L4ognan 4.50 9.00 32.00 berry, leaf, chocolate, tobacco, suede Puma's '99 Canoe Ridge, Merlot, Washington 4.75 9.50 35.00 smooth, chillin', black cherry, currant, chocolate full '99 Byington, "Alliage," Sonoma County 4.00 8.00 30.00 steadfast, blackberry, currant, smoke, mint NV Fusee, Syrah, California 4.00 8.00 30.00 shotgun blast, truckload of fire, currant, pepper, most '99 Rex Hill, Pinot Noir, Willamette Valley 4.25 8.50 35.00 funky -fresh -fly, raspberry, chocolate, mingling licorice '99 Downing Family, Cabernet Sauvignon, Rutherford Valley 5.50 11.00 35.00 inky, anise, black currant, mocha, bee's knees '98 Virginie de Valandraud, St: Emilion, Bordeaux 9.00 18.00 70.00 U kinky, smoky, vanilla - chocolate -love, berries Don't see anything you like? Just ask! Our salon and cellar is filled with the best the world has to offer. Overstreet's Wine Bar bottle prices are based upon -site on consumption only. cellar may require a $15.00 corkage fee. Ask your server for details. Wines from the salon and E -8 0 Overstreet's Wine Bar 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 ...confection The only problem with so- called dessert wines, in my opinion, is dessert. Hemingway is supposed to have said that any man who eau dessert is not drinking enough. -•Jay McInerney Bacchus & Me, Adventures in the Wine Cellar pour bottle '00 Robert Mondavi Winery, Moscato d'Oro, Napa Valley 6.50 28.00 austere, simple, sweet, litchi, pear d NV Osbourne, Ruby Porto, Portugal 8.00 30.00 \_ poised, lengthy, candy, dancing nancies, gorilla NV Bodegas Dios Baco, Sherry- "Oloroso," Spain 8.00 30.00 dapper, rich, hazelnut, semi - sweet, We! '97 Chateau Coutet, Barsac, France 14.00 50.00 siren- esque, boundless, lemon, pineapple, honey NV Jean FHHoux, Pineau des Charentes, France 14.00 50.00 esoteric, heavenly, almond, caramel, a sweet bite Don't see anything you like? Just ask! Our salon and cellar is filled with the best the world has to offer. Overstreet's Wine Bar bottle prices are based upon on -site consumption only. Wines from the salon and cellar may require a $ 15.00 corkage fee. Ask your server for details. E -9 �A Overstreet Is Wine Bar 3400 Via Lido, Newport Beach, CA 92,660 (949)566.9463 ...flights three 2.5oz. pours I. Chardonnay: A lesson In lerroir (climate, microcllmate, and soil composition) 15.00 --A diverse grape variety that, from one wine to the next, shows a complex range of character. The wines of this flight are all made from the exact same grape, but you'll soon taste the differences in climate, soil, and winemaking. Most interesting will be the major differences between the two Californian wines (a and c.) a. '00 Heather Ranch, Chardonnay, Russian River Valley b. '99 Kumeu River, Chardonnay, New Zealand C. '00 Chateau Mdntelena, Chardonnay, Napa Valley 2. Pinot Noir: Terroir with the world's most finicky grape. 15.00 --Just when things couldn't get anymore difficult... Pinot Noir comes along! Not only does the vigneron ( winemaker) have to deal with terroir, but also he or she must contend with a grape variety that doesn't follow the rules! This genetically unstable grape has problems at every stage. Offspring grapes are often nothing like their parents. And due to a rare presence of 18 different amino acids, the grape can "act up" during its sometimes- violent fermentation. All this being true ... a great Pinot is like no other wine in the world! Alit The sexy rewards of (t complexity! a. '99 Baileyana, Pinot Noir, Edna Valley b. '00 Elk Cove, Pinot Noir, Willamette Valley c. '99 Rex Hill, Pinot Noir, Willamette Valley 3. Bordeaux and Bordeaux - style: It's all about the blending! 19.00 —France's Bordeaux region has long been at the pinnacle of winemaking excellence. Simply, in 1855 France built a classification tier for all of the major Chateaux; first through fifth growths. The Chateaux of the premier crus (first growths) produce the most sought after wines in the world. The "Big- Red - Guns:" La.Me- Rothschild, Margaux, Latour, Haut- Brion, Mouton - Rothschild. But beyond the history, beyond the terroir, and beyond the hundreds of years of knowledge... there is the blending. Usually, Bordeaux -style wine is driven by one of two grapes: Merlot or Cabernet Sauvignon. Then the two are balanced and rounded by several other grapes, namely Cabernet Franc, Petit Verdot, and Malbec. In this flight we offer one New World Bordeaux (a.) and two true Bordeaux's (b and c.), from one of the most famous St: Emillion estates, and a lesser known but respectable Pessac- L6ognan offering. a. '99 Byington, "Alliage," Sonoma County b. '98 Chateau Cruzean,Pessac- L6ognan c. '98 Virginie de Valandraud, St: Emilion, Bordeaux 4. Build your own flight! Use our by- the -glass list to create your own tasting! Varies Don't see anything you like? Just ask! Our salon and cellar is filled with the best the world has to offer. Overstreet 's Wine Bar bottle prices are based upon on -site consumption only. Wines from the salon and cellar may require a $15.00 corkage fee. Ask your server for details. E-10 r5 Overstreet's Wine Bar 3400 Via Lido, Newport Beach, CA 92660 (949) 566 -9463 ...limited engagement Throughout the course of the week the staff wildly cracks open random bottles for the sake of "education and evaluation." (Ahem.) The wines here will eventually run out, but while the bottle is cracked... we thought we'd be nice and share. All Pours, $5.00 white 199 Tahbilk Estate, Marsanne, Australia '01 Nautilus, Sauvignon Blanc, New Zealand 'O1 Seresin, Sauvignon Blanc, New Zealand '00 Wairau River, Sauvingnon Blanc, New Zealand. '01 Livio Felluga, Pinot Grigio, Italy '00 Coastal Ridge, Chardonnay, California red '01 Chateau De Segries, Rhone '00 "Fat Bastard," Shiraz, France '99 Cecchetti Sebastiani, Merlot, Italy '00 Ross Estate, Australia Don't see anything you like? Just ask! Our salon and cellar is filled with the best the world has to offer. Overstreet's Wine Bar bottle prices are based upon on -site consumption only. Wines from the salon and cellar may require a S 15.00 corkage fee. Ask your server for details. E -11 �Q Exhibit No. F 0 Californ`ABC - License Query System - Data Summary w�ALiFORry�9° California 1 II I of Alcoholic Beverage Control License Query System Summary yam- o as of 311012008 icense Information icense Number: 433267 Status: ACTIVE Orimary Owner: SEJOUR LLC BC Office of Application: SANTA ANA usiness Name going Business As: SEJOUR usiness Address ddress: 3400 VIA LIDO Census Tract: 0635. i : NEWPORT BEACH County: ORANGE fate: CA Zip Code: 92663 ieensee Information icensee: SEJOUR LLC Company Officer Information Officer: STOCKTON-eAROLYN CHRISTINE MANAGING MEMBER IF;.e Tjpes , license e: 47 - ON-,SALE GENERAL EATING PLACE Licens T lRe S% s: ACTIVE Status - JAN -2006 Term: Month s Ori ' al Issue Date: 30 -JAN -2006 Expiration Date: 31- DEC -2008 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License T o a-s Tri6sferred On: From: 978 2 License T . :21-an-SA GENERAL Lice T e us: ACTIVE Sta : 30- JAN -2006 Term: Month (s) Ori inalIssueDate:30- JAN -2006 Expiration Date: 31- DEC -2008 Master: Y Duplicate: 0 Fee Code: NA Condition: OPERATING RESTRICTIONS License Twe was Transferred On: From: 373978 3 License Type: 30 - TEMPORARY PERMIT License Type Status: ISSUE Status Date: 28 -OCT -2005 Term: Month (s) 7ri 'nal Issue Date: Expiration Date: aster: Y Duplicate: I Fee Code: NA Current Disciplinary Action . No Active Disciplinary Action fibund... Page 1 of: F -I q �e http:// www. abc .ca.gov /datDort/LOSData.asn ?TD= 20257064(11 111 ^^^^^ d 4L �✓ �� ";cu m sc Yuery system - Data Summary - - -End of Report- -- For a definition of codes, view our gIL)ssM. ttp: / /www. abc .ca.gov /datport/LQSData.asp ?ID= 2025706403 Page 2 of F -2 0 Exhibit No. G ,)b l CITY OF NEWPORT PEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 DATE. December 9, 2002 PLANNING DEPARTMENT (949) 644 -3210 NOTICE OF FINAL APPROVAL FILE E COPY TO: Dennis Overstreet and Christine Overstreet FROM: Planning Director SUBJECT: UP2002 -034 (PA2002 -167) Please be advised that UP2002 -034 (PA2002 -167) was reviewed and approved by the Planning Commission at its meeting of November 7, 2002 and became effective November 21, 2002. Any deviation from the applications and plans on file in the Planning Department may require an amendment to the appiication(s) mentioned above for the project. Applicant: Dennis Overstreet and Christine Overstreet Location: 3400 Via Lido Description: Request for an amendment to a previously-approved use permit to Include the sale of distilled spirits (Type 47: beer, wine & spirits) for on -site consumption, to permit Ave entertainment, and to expand the hours of operation from 11:00 pm to 12:00 midnight on Fridays and Saturdays at an existing retail Alcohollc Beverage Outset located In Lido Village. Should you have any questions, please contact our office. Very truly yours, PLANNING DEPARTMENT Patricia L. Temple q Director By � ger Varin arin Executive Secretary Planning Commission Enclosure: 0 Approved Resolution with Findings and Conditions of Approval ❑ Approved Planning Commission minutes with Final Findings and Conditions of Approval cc: Property Owner (if not applicant) Gvarin\PlanCom m\ntce fftpc.doc 3300 Newport Boulevard, Newport Benrl, G- RESOLUTION NO. 1579 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT TO USE PERMIT NO. 2001 -005 (PA2002 -167) FOR PROPERTY LOCATED AT 3400 VIA LIDO THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Dennis and Christine Overstreet with respect to property located at 3400 Via Lido and legally described as Lot 2 of Tract 1235; requesting approval of Amendment to Use Permit No. 2001 -005 pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) to authorize a Type. 47 ABC license for on -site consumption of general alcoholic beverages, live entertainment, and expansion of hours of operation. Section 2. A public hearing was held on November 7, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this. meeting. Section 3. The Planning Commission finds as follows 1. The proposed location of the alcoholic sales establishment needing this use permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfaze of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The structure that the proposed use will occupy is legal, nonconforming with respect to the maximum floor area ratio, however, the proposed changes in the use do not increase the gross floor area of the building. The amended use permit pertains to the on -site consumption of alcoholic beverages in conjunction with retail alcoholic beverage sales in a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Conunission. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with a full- service, sit -down restaurant that is complementary to surrounding G -2 1x City of Newport Beach Planning Commission Resolution No. 1574 Page 2 of 6 i uses within the Lido Village area. Alcohol service is typical and expected by the public in a full - service restaurant setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use provided that the use is operated as an eating and drinking establishment, with the on -site consumption of alcohol incidental to the restaurant use. C. The number of alcohol licenses within the report districts and adjacent reporting districts is high given the nature of the land uses in the district and when compared with County -wide data, but the change in the Iicense classification of a Type 42 to a Type 47 will not result in an increase in licenses within the report district. d. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is higher than the percentage citywide. However, on -site consumption is not expected to increase alcoholic related crime in that the use is incidental to the use of the site as an eating and drinking establishment. e. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Minor alteration of existing structures). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Amendment to Use I?ermit No. 2001 -005, subject to the Conditions set forth in Exhibit "A." Section 5, This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF NOVEMBER 2002. IM , Chairman Secretary AYES: Agajanian, Gifford, Kiser McDaniel, Selich, Toerge and Tucker NOES: None G -3 City of Newport Beach Planning Commission Resolution No. 1579 Page 3 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001-005 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated January 22, 2001. 2. 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, 3. That any change in operational characteristics, hours of operation, expansion in area, or operation characteristics; or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 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 and conditions of approval of this Use Permit. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation bf this permit. 6. 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. 7. Trash generated by the business shall be screened from view from adjoining properties except when placed for pick -up by refuse collection agencies. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 8. No outdoor loudspeaker or paging system shall be permitted in conjunction with the operation. 9. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary . "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 10. The alcoholic beverage outlet is 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 accessory and subordinate to the principal retail use and alcoholic beverages sales for on -site consumption shall not exceed 20 percent of gross sales for the business. The applicant or operator shall maintain adequate records to determine G -4 City of Newport Beach Planning Commission Resolution No. 1579 Page 4 of 6 compliance with this condition and shall provide the City said records when requested. The time period for the purposes of conducting this review shall be in accordance with Alcoholic Beverage Control Board standards. 11. The sale of distilled spirits for off -site consumption shall not exceed 15 percent of gross receipts of all off -site alcohol sales, The sale of distilled spirits for on -site consumption shall not exceed 10% of the total sales for on -site consumption of all alcoholic beverages. The applicant or operator shall maintain adequate records to determine compliance with this condition and shall provide the City. said records when requested. The time period for the purposes of conducting this review shall be 6 months. 12. Gross receipts shall be reviewed 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. If the sales percentages review finds that the applicant is not in compliance, this application shall be brought forward to the Planning Commission for review. 13. 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. 14. The interior area authorized for on -site alcoholic beverage consumption in conjunction with a Type 47 license shall be limited to 1,263 sq. ft. as delineated on the approved floor plans as "Unit A2" with a maximum of 29 seats. The interior area authorized for the retail sales for general alcoholic beverages for off -site consumption shall be limited to 1,328 sq. ft. as delineated on the approved floor plans as "Unit Al" with a maximum of 3 seats. On =site consumption of alcoholic beverages shall be prohibited in Unit Ai. Substantial changes to the floor plans shall require prior approval by the Planning Commission. Any increase in area of either Unit Al or Unit A2 shall be deemed substantial for the purposes of requiring review by the Planning Commission. 15. Hours of operation shall be from 10:00 AM to 11:00 PM, daily for the retail portion of the project, and 1:00 PM to 12:00 midnight Fridays and Saturdays and 1:00 p.m. to 11:00 p.m. Sunday through Thursday for the eating and drinking portion of the project. Organized educational seminars shall not be conducted more than 3 days per week, 16. Live entertainment may occur subject to the approval of a Live Entertainment Permit and dancing is prohibited. Live entertainment shall not occur more than 3 days per week. Music shall be limited to indoor areas only and all windows and doors shall remain closed during performances except for incidental ingress and egress of patrons. Management of the business shall make every effort to keep the doors closed during performances. 17. The sale of beer, whether for on -site or off -site consumption, shall be prohibited. 18. 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. /A� G -5 City of Newport Beach Planning Commission Resolution No. 1579 Page 5 of 6 19. 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. 20. 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 PemZit in accordance with Chapter 20.96 of the Zoning Code. 21. Alcoholic beverage sale from drive -up or walk -up windows shall be prohibited. 22. Any event or activity staged by an outside promoter or entity, where the business owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door, charge, cover charge or any other form of admission charge, including minimum drink orders or sale -of drinks is prohibited. 23. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the State Department of ABC. 24. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 25. The applicant is required to obtain all applicable permits from the City Building and Fire Departments.. The construction plans must comply with the most recent, City- adopted version of the California Building Code. Adequate access and exiting must be provided in accordance with the Building Code. 26. The facility and related off - street parking shall conform to the requirements of the Uniform Building Code. The project shall comply with State Disabled Access requirements. 27. 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. 28. Health Department approval is required for any changes to the kitchen and other portions of the building that require a Building Permit: G -t City of Newport Beach Planning Commission Resolution No. 1579 Page 6 of 6 29. 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. 30. The owner /operator of the 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. 31. 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. 32. Delivery vehicles shall not park within the public right -of -way of Via Lido and Via Oporto. 33. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 34. 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. 11 G -7 Between the hours of TOOAM and 10:00PM Between the hours of 7:OOAM and 10:OOPM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro ert 45dBA 60dBA 45dBA 50dBA Mixed Use Rro ert 45dBA 60dBA 45dBA 5.OdBA Commercial Property N/A 65dBA NIA 60dBA 34. 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. 11 G -7 Exhibit No. H Iq r otafc DW U1 ritwrney oearcn Page 1 of 1 rnvl STIma luut,1015 f UN ] II I Thursday, March 20, 2008 State Bar Home Home > Attorney Search � t � Attorney Name or Bar Number Arthur F Stockton j Advanced Search » F Include similarly sounding names and altemate spellings Your search for Arthur F Stockton returned no results. Would you like to search for names that sound like Arthur Stockton? i Contact U6 Site Map Privacy Policy Notices ® 2008 The State Bar of California http: / /members.calbar.ca.gov/ search/ member_Search.aspx ?ms= Arthur+-F. +Stockton 3/20/2008 H -1 I Page 1 of 1 Mr. Arthur F Stockton _ Mailing Address: 9030 W Sahara Ave Suite 137 Las Vegas, NV 89117 -0001 Telephone: Fax: Law School: U OF A Admitted to Practice, 1985 Admitted to AZ Bar: November 9, 1985 3urisdiction: ARIZONA Professional Liability Insurance:, Not required to report Status: Inactive Activity': Click here to close lawyer activity. Date Activity Detail 02/27/05 Inactive Membership Status Change 11/29/01 AaI 've Membership Status Change 03/02/01 Retired Membership Status Change 1 This Web site displays changes in membership status and disciplinary actions taken against a lawyer. It does not include pending disclplinary proceedings. . This Web site does not display all lawyer sanctions, such as informal reprimands. Contact the State liar of Arizona at 602 - 340 -7384 or use this automated form to confirm the lawyer's entire record of activity. http:// www. azbar. org/LegalResources/MF_Detail.cf n ?ID= 46325 &SearchPageoffset =l 3/19/2008 H -2 Jiaw tsar or %,A :: Attorney Search Thursday, March 20, 20043 State Bar Home Horne > Attorney Search ATTORNEY SEARCH Attorney Name or Bar Number jCarolyn 9 Stockton Advanced Search 17 Include similarly sounding names and alternate spellings Your search for Carolyn C Stockton returned no results. Would you like to search for names that sound like Carolyn C Stockton?. Page I of I Contact Us Site Map Privacy Policy Notices @ 2008 The State Bar of California http://niembers.calbar.ca.govlsearchlmeniber—search.aspx?ms--Carolyn+C.+Stockton 3/20/2008 H-3 Page 1 of 1 Ms. Carolyn C Stockton Mailing Address: 31761 Peppertree Bend San Juan Capistrano, CA 92675 Telephone: 520- 476 -2200 Law School: ASU Admitted to Practice: 1985 Admitted to AZ Bar: November 9, 1985 Jurisdiction: ARIZONA Professional Uability Insurance: Not required to report Status: Retire d Activity': Click here to close lawyer activity. Date Activity Detail 01/18/05 Retired Membership Status Change 01/10/03 Ingaive Membership Status Change 03/02/01 Retired Membership Status Change 1 This Web site displays changes in membership status and disciplinary actions taken against a lawyer. It does not include pending disciplinary proceedings. This Web site does not display all lawyer sanctions, such as informal reprimands. Contact the State Bar of Arizona at 602 - 340 -7384 or use this automated form to confirm the lawyer's entire record of activity. • ' http:// www. azbar. org/LegalResourcesIMF_Detail.cf n ?ID= 40344 &SearchPageOffset =l 3/19/2008 Entity Details - Secretary of State, Nevada Pagel of 2 Information Center Election Center Business Center Licensing Center Securities Center O My Data Reports I Business Entity Search I Fee Schedule (Data Reports) I SVELTE BODY CENTERS, INC. Business Entity Information Name: Status: Revoked on 6M/2007 File Date: 5/9!2000 Type: Domestic Corporation Corp Number C12931 -2000 Qualifying State: NV List of Officers Due: 5431/2006 Manataed f3 Expiration Date: Resident Agent Information. Name: ARTHUR F STOCKTON Address 1: 190 0 W SAHARA t Address 2: Par Share Courrt City: LAS VEGAS State: NV 7p Code: 89120 Phone: Fax: Emaii: Mailing Address 1: Mailing Address 2: Mailing City: Mailing State: Mailing Zip Code: View all business entities under this resident agent Financial Information No Par Share Count 0 Canilal Amount: $100.00 Address 2: Par Share Courrt 100.00 Par Share Value: $1.00 NV Zip Code: Officers C include Inactive President - ARTHUR STOCKTON Address 1: 2255E SUNSET RD #2070 -A Address 2: City: LAS VEGAS State: NV Zip Code: 89119 Country: https: / /esos.state.nv.usISOS Services/ AnonymousAccessI CorpSearch ICorpDetails.aspx ?lx8... 3/19/2008 1/ H -S Entity Details - Secretary of State, Nevada Page 2 of 2 Status Active Email Secretary - ARTHUR STOCKTON Address 1: 2255 E SUNSET RD #2070.A Address 2: City: LAS VEGAS State: NV Zip Code: 89119 Country: Status: Active Email Treasurer - ARTHUR STOCKTON Address 1: 2255 E SUNSET RD #2070 -A Address 2: City: LAS VEGAS State: NV Tip Code: 89119 Country: Status: Active Email: ActionsLAmendments You are currently not logged in Nevada Secretary of State, Ross Miller. Copyright 2007. All rights reserved. 0 H -6 https: / /esos. state. nv. us/ SOSServices/ AnonymousAccessI CorpSearch ICorpDetails.aspx ?lx8... 3/19/2008