HomeMy WebLinkAboutSejour Bistro & Lounge revocationCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 17, 2008 Meeting
Agenda Item No. 4
SUBJECT: Revocation of Use Permit Nos. 2001 -005 & UP2002 -034
PA2002 -167)
Sejour European Bistro & Lounge
3400 Via Lido
APPLICANT: City of Newport Beach
PROPERTY Dennis & Christine Overstreet
OWNER:
CONTACT: Rosalinh Ung, Associate Planner
(949) 644 -3208, rung@city.newport- beach.ca.us
PROJECT SUMMARY
This is a continuation of the revocation hearing of Use Permit Nos. 2001 -005 & 2002-
034 for the former Sejour. Per Planning Commission's direction, modified project
conditions have been drafted with the intent of bringing the operation of the
establishment into conformity with the original project approval, retail wine sales with
wine tasting and educational seminars as an ancillary use.
Staff recommends that the Planning Commission 1) resume the revocation hearing; 2)
adopt the attached resolution (Exhibit 1) modifying Use Permit No. 2001 -005 to
incorporate the modified conditions and rescinding Use Permit No. 2002 -034, subject to
the findings and conditions included within.
BACKGROUND
On April 17, 2008, the Planning Commission commenced the revocation hearing as the
terms and conditions of approval of the use permits were continuously violated by the
business operator of Sejour European Bistro & Lounge.
On June 5, 2008, the Planning Commission continued the revocation hearing to July 17,
2008, in order to give the property owner additional time to file a new use permit
application for the operation of a full - service eating and drinking establishment with a
retail sale component at the subject property. The Planning Commission directed the
property owner to submit the use permit application to the Planning Department by June
30, 2008. If a new application was not received by June 30, 2008, the Planning
Revocation of Use Permit Nos. 2001 -005 & 2002 -034
July 17, 2008
Page 2
Commission indicated that they would resume the revocation hearing on July 17, 2008,
with the intent of modifying the conditions of approval to allow the use to be
reestablished as was originally intended; specifically, an off -sale retail wine store with
wine tasting as an ancillary use.
On June 30, 2008, the property owner submitted a letter indicating that they have
entered into negotiations to lease the property to HOM Real Estate Group of Newport
Beach and will not be submitting a new use permit (Exhibit 2). The letter also stated
that, in the event that the lease negotiation is not brought to fruition, the property owner
will attend the July 17, 2008, hearing to dispute the revocation. A letter of intent to
lease and convert the subject property into a professional real estate office from HOM
Real Estate Group of Newport Beach is attached as Exhibit 3.
DISCUSSION
As the property owner failed to submit the use permit application by June 30, 2008, staff
recommends that the Planning Commission resume the revocation hearing.
Consistent with prior direction from the Planning Commission, staff drafted a list of
appropriate conditions of approval to ensure that future operations are consistent with
the intent of the original use permit approval:
■ Reduction of the hours of operation to require the closure at 11:00 p.m.;
• Reestablishment of the retail sales use with wine tasting and educational
seminars as an ancillary use;
• Removal of the existing establishment's physical improvements to reflect what
was originally intended as an off -site retail sale outlet with wine tasting as
ancillary use; and,
• Elimination of Type 47 ABC license.
Draft conditions for incorporating the above have been prepared and are attached to the
staff report as Exhibit 1. In the interest of clarity and future administration, staff
recommends that the Planning Commission adopt the resolution modifying Use Permit
No. 2001 -005 to incorporate the recommended conditions of approval. Adoption of the
resolution will also rescind Use Permit No. 2002 -034, which pe rmitted the sale of
distilled spirits for on -site consumption, permitted live entertainment, and expanded the
hours of operation.
Prepared by:
_.ro.� QW14'L
o linh Ung, Associ a fanner
Exhibits:
Revocation of Use Permit
Submitted by:
Nos. 2001 -005 & 2002 -034
July 17, 2008
Page 3
David Lepo, Pla rig Director
1. Draft Resolution
2. Letter from the property owner dated June 30, 2008
3. Letter of Intent from HOM Real Estate Group of Newport Beach
EXHIBIT NO. 1
DRAFT RESOLUTION
4
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH AMENDING USE
PERMIT NO. 2001 -005 & RESCINDING USE PERMIT NO.
2002 -034 (SEJOUR EUROPEAN BISTRO & LOUNGE) ON
PROPERTY LOCATED 3400 VIA LIDO (PA2002 -167)
THE PLANNING COMMISSION FOR THE CITY OF NEWPORT BEACH HEREBY
FINDS, RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, Sejour European Bistro & Lounge ( "Sejour") is located at the
northwest corner of Via Lido and Via Oporto and legally described as Lot 2 of Tract 1235;
and
WHEREAS, on April 5, 2001, the Planning Commission approved Use Permit No.
2001 -005 to allow a retail wine establishment to operate with a Type "21" Alcohol
Beverage Control (ABC) license (Off -Sale, General) and Type "42" ABC license (On -Sale
Beer and Wine, Public Premises) with periodic on -site wine tasting seminars and a
parking waiver, and
WHEREAS, on November 7, 2002, the Planning Commission adopted Resolution
No. 1579 of Use Permit No. 2002 -034, amending conditions of approval of Use Permit
No. 2001 -005, authorizing a Type "47" ABC license (On -Sale, General- Eating Place) for
on -site consumption of general alcohol beverages, live entertainment and expansion of
hours of operation; and
WHEREAS, pursuant to Section 20.96.040 of the City of Newport Beach Municipal
Code, the Planning Director determined that there were reasonable grounds for the
revocation of Use Permit No. 2001 -005 and Use Permit No. 2002 -034 and set a public
hearing so that the Planning Commission could set a date to consider the revocation of
Use Permit Nos. 2001 -005 and 2002 -034; and.
WHEREAS, after giving proper notice in accordance with law, a public hearing was
held on January 17, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California. The Planning Commission unanimously voted to set a
revocation hearing for Use Permit No. 2001 -005 and Use Permit No. 2002 -034 on March
20, 2008; and
WHEREAS, on March 20, 2008, the Planning Commission continued the
revocation hearing to April 17, 2008, at the request of the property owner; and
WHEREAS, on April 17, 2008, after the Planning Commission commenced the
revocation hearing and received public testimony, the Planning Commission directed staff
to draft a list of conditions of approval that reflect the following considerations:
• Reduction of the hours of operation to require the closure at 11:00 p.m.;
• Reestablishment of the retail sales use with wine tasting and educational
seminars as an ancillary use;
FA
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 7
■ Removal of the existing physical improvements not consistent with operational
requirements for an off -site retail sale outlet with wine tasting as ancillary use;
and,
■ Elimination of Type 47 ABC license.
WHEREAS, on June 5, 2008, the Planning Commission continued the revocation
hearing to July 17, 2008, in order to give the property owner additional time to file a new
use permit for the operation of a full - service eating and drinking establishment with a
retail sale component at the subject property. The property owner was required to
submit the use permit application to the Planning Department by June 30, 2008. If a
new application was not received by June 30, 2008, the Planning Commission intended
to resume the revocation hearing on July 17, 2008, with the intent of modifying the
conditions of approval to allow the use to be reestablished as was originally intended;
specifically, an off -sale retail wine store with wine tasting as an ancillary use; and
WHEREAS, on June 30, 2008, the property owner announced that they have
entered into negotiations to lease the property to HOM Real Estate Group of Newport
Beach for an office use and will not be submitting a new use permit.; and
WHEREAS, the property owner failed to submit the use permit application by June
30, 2008, and the Planning Commission resumed the revocation hearing on July 17,
2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting; and
WHEREAS, it is the intent of the Planning Commission to bring the operation of
the establishment into conformity with the original project approval, as retail sales use
with wine tasting and educational seminars as an ancillary use. As a result, the findings
stated for the approval of Use Permit No. 2001 -005 remain valid and are hereby
readopted.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby
amends Use Permit No. 2001 -005 by incorporating the conditions of approval in Exhibit
"A" and rescinding Use Permit No. 2002 -034 that permitted the sale of distilled spirits for
on -site consumption, live entertainment and expanded hours of operation.
Section 2. This action shall be become final and effective fourteen (14) days
after the adoption of this Resolution unless within such time an appeal is filed with the
City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
9
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 7
PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JULY 2008
AYES:
NOES:
ABSENT:
BY:
Chairman
BY:
Secretary
I
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
Conditions in bold are project specific conditions. All others are standards conditions.
1. The alcoholic beverage outlet is hereby defined as a retail establishment for
the sale of general alcoholic beverages for off -site consumption as the
primary and principal use of the subject property per the Type 21 ABC
license. The on -site consumption of alcoholic beverages shall be limited to
wine or beer tasting per the Type 42 ABC license and shall be confined to
the wine tasting bar. The serving of distilled beverages is prohibited.
2. The primary and principal use of the establishment shall be retail sales with
ancillary use of wine tasting and wine educational seminars. The existing
floor plan shall be revised to reflect the primary and principal use of the
establishment. Prior to the reopening of the establishment, all dining - related
fixtures including tables and chairs shall be removed to the satisfaction of
the Planning Director.
3. No seating is to be allowed in the wine tasting bar.
4. Wine tasting shall be defined and limited to the presentation of samples of
one or more wines, representing one or more wineries or industry labels,
to a group of consumers for the purpose of acquainting the tasters with the
characteristics of the wine or wines tasted.
5. Each tasting shall be limited per the Department of Alcohol Beverage
Control.
6. Wine tasting fees required by the Department of Alcohol Beverage Control
shall not exceed 10 percent of the gross retail sales during the same
period. The licensee shall maintain records that reflect separately the gross
retail sales and the gross wine tasting sales. Said records shall be kept no
less frequently than on a quarterly basis and shall be made available to the
Planning Department on demand.
7. In addition to wine tasting, the licenseelbusiness operator may provide
small amounts of bread, crackers, cheeses or nuts to clear the taste buds
of the participants between successive samples of wine during a wine
tasting. No serving or preparation of food or meals (other than minimum
associated with wine sampling such as small amounts of cheese, bread, or
fruit) is allowed.
8. The hours of operation shall be limited to 9:OOAM to 11:OOPM daily.
City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 7
9. The existing kitchen shall be maintained and utilized as a "Cold Kitchen"
with no major cooking appliances (i.e. oven, cook top) allowed.
10. 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, nor maintain and operate as a bona fide
eating place as defined by the Department of Alcohol Beverage Control.
11. A special events permit is required for any event or promotional activity
outside the normal operational characteristics of this approval that would
increase the expected occupancy beyond 29 patrons and 6 employees at
any one time, including any other activities requiring such special events
permit as set forth in the Newport Beach Municipal Code. A maximum of 6
events may be permitted annually.
12. No outdoor loudspeaker or paging system shall be permitted in conjunction
with either the retail sale or wine tastingleducational seminars.
13. No live entertainment or dancing shall be permitted.
14. The ownerloperator of the proposed use shall enter into an agreement to
provide and maintain a minimum of 21 parking spaces within the Lido
Marina Village Parking garage to be accessible at all times during the
operation of the use.
15. This approval supersedes and rescinds Use Permit No. 2002 -034.
16. The alcoholic beverage outlet operator shall take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the alcoholic beverage outlet and adjacent
properties during business hours, if directly related to the patrons of the subject
alcoholic beverage outlet. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this use permit in
accordance with Chapter 20.96 of the Zoning Code.
17. 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.
18. All owners, managers and employees serving or selling alcoholic beverages shall
undergo and successfully complete a certified training program in responsible
methods and skills for selling alcoholic beverages. To qualify to meet the
requirements of this section a certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The establishment shall
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City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 7
comply with the requirements of these conditions within 180 days of the effective
date of this Use Permit.
19. 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.
20. Loitering, open container, and other signs specified by the Alcoholic Beverage
Control Act shall be posted as required by the ABC.
21. This use permit may be reviewed, modified or revoked by the Planning
Commission or City Council should it be determined that the conditions of the
use permit have been violated or 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.
22. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this permit.
23. Should this business or either alcohol license be sold or otherwise come under
different ownership or control, any future owners, operators or assignees shall be
notified in writing of the conditions of this approval by either the current business
owner /operator. Future owners, operators or assignees shall submit, within 30
days of transfer or sale of the business or alcohol license, a letter to the Planning
Department acknowledging their receipt and acceptance of the limitations,
restrictions and conditions of approval of this Use Permit.
24. Any changes in operational characteristics, hours of operations, expansion in
area, or modification to the floor plan, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
25. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
26. 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.
27. Delivery vehicles shall not park within the public right -of -way of Via Lido and Via
Oporto.
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City of Newport Beach
Planning Commission Resolution No. _
Page 7 of 7
28. Trash receptacles for patrons shall be conveniently located both inside and outside
the proposed facility.
29. Trash generated by the business shall be screened from view from adjoining
properties except when placed for pick -up by refuse collection agencies.
30. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.
31. No temporary "sandwich" signs or similar temporary signs shall be permitted, either
on -site or off -site, to advertise the establishment.
32. 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.
33. The operator of the 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.
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 establishment to develop a set of corrective measures necessary in order
to insure compliance.
EXHIBIT NO. 2
LETTER FROM
PROPERTY OWNER
DATED JUNE 309 2008
ti;�
June 30, 2008
Councilman Mike Henn
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Councilman Henn:
Enclosed is a copy of a letter of intent from HOM Real Estate Group of Newport Beach. This
business is in negotiations with us regarding the lease of our property at 3400 Via Lido Newport Beach, Ca.
HOM is an established business in the City of Newport Beach and 3400 Via Lido will be their new
satellite location. It will be an asset to the Lido Marina Village area and the community of Newport Beach.
We expect to execute this lease agreement in the very near fi►tute.
In the unlikely event that the negotiations are not brought to fruition, we will attend the July 17
Planning Commission Hearing to defend our Use Permit for 3400 Via Lido so we can operate our business
as we did between 2002 and 2005.
We have not submitted an application to the Planning Department - City of Newport Beach for a
restaurant Use Permit because of our negotiations with HOM.
We wil ntact you when the negotiations are completed with HOM. Please call us if you require
additi nal de ' gar ding this matter.
Since ly, � / /j�f
Dennis an e Overstreet
Property Owners
3400 Via Lido
Newport Beach, CA 92663
949- 378 -7271
Enclosure: as stated
1)
EXHIBIT NO. 3
LETTER OF INTENT
FROM HOM REAL
ESTATE GROUP OF
NEWPORT BEACH
\A
Dennis and Christine Overstreet
C/O John Pomer
Grubb & Ellis Company
4675 MacArthur Court, Suite 1600
Newport Beach, CA 82660
Re: Letter of Intent to Lease 3400 via Lido, Newport Beach for Professional Office Use
This letter is to formally confirm the intent of Horn Real Estate Group of Newport Beach to lease
and convert 3400 Via Lido Into a professional real estate office. Horn Real Estate Group, Dennis
and Christine Overstreet (Landlords) are working on finalizing a lease agreement which should be
fully executed by both parties in the very near future.
This letter shall not constitute a formal and binding offer or agreement and shall not create any
legal rights or obligations between the parties, All legal rights and obligations between the parties
will come into existence when a definitive lease agreement is signed and delivered by both
parties.
Please call if you have any questions.
BOB BONANNO
H6M i President
1200 NEWPORT CENTER DRIVE• SURE 100
NEWFORT BEACH, CALIFORNIA 9 =660
T 949.554.1200 F 949.554.0400
rx( US'" AFIILIATS OF
CHRISTIE S GREAT ESTATES
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