HomeMy WebLinkAboutExhibit 13Exhibit No. 13
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CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
May 14, 2007
Arthur F. Stockton
350 Buena Vista
Newport Beach, CA 92663
RE: Temporary Uses at 3400 Via Lido (Sejour)
Dear Mr. Stockton,
Thank you for your quick response regarding the Planning Department request
for records on the sales of alcoholic beverages at your establishment.
Regarding your letter of May 10, 2007, the Planning Director believes that it
would not be appropriate to approve a restaurant, bar, lounge, or similar use on a
temporary basis. We appreciate that you are only seeking temporary approval
while the City processes a use permit application for the establishment.
However, the Planning Director is only authorized to approve temporary or
interim uses if they do not violate any other City regulations. Use Permit No.
2001 -005 authorized only a retail establishment for the sale of alcoholic
beverages for off -site consumption and Condition No. 13 states that the premises
cannot operate as a eating and drinking establishment, restaurant, bar, tavern,
cocktail lounge, or night club unless the Planning Commission first approves a
use permit. The Planning Director has concluded that approving such a use,
even on a temporary basis, would violate this condition.
The proposed use is best pursued through the use permit process. The City will
make every effort to process the application in a timely manner. The Planning
Director has discussed this matter with Code Enforcement. Code Enforcement
has stated that citations will not be issued if events are conducted in
conformance with the conditions of Use Permit 2001 -005 and you diligently
pursue a use permit for the proposed use.
You are advised to carefully review all of the conditions of approval. However,
give particular attention to the following conditions
Condition No. 14, which limits on -site consumption of alcoholic beverages
to 1,263 square feet delineated as Unit A2 on the approved floor plans.
Condition No. 15, which limits the eating and drinking activities to 1:00 pm
to 12:00 midnight Fridays and Saturdays and 1:00 pm to 11:00 pm
Sunday through Thursday.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach.ca.us t��
t Sejour
May 14, 2007
Page 2 of 2
• Condition No. 16, which limits live entertainment to 3 days per week and
requires the approval of a live entertainment permit.
• Condition No. 17, which prohibits the sale of beer, whether for on -site or
off -site consumption.
• Condition No. 18, which requires a special events permit if activities
increase occupancy beyond 29 patrons and 6 employees at any one time.
• Condition No. 22, which prohibits any event or activity staged by an
outside promoter or entity, where the applicant, operator, owner or his
employees or representatives share in any profits, or pay any percentage
or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission
charge, including minimum drink orders or sale of drinks.
Regarding Condition No. 14, after reviewing the minutes from the hearing on this
project, it appears that the Planning Commission intent was to limit the area
where there will be drinking and drinks served. The Planning Commission
recognized that may people wander into the retail section (Unit Al). Therefore,
while on -site consumption of alcohol is prohibited in Unit Al, this section need
not be closed off. Unit Al is also limited to a maximum of 3 seats.
Regarding Condition No. 15, the establishment will be in conformance with the
"hours of operation" if no additional patrons are admitted and food and beverage
service ceases at the specified closing time. This interpretation is intended to
allow patrons who were admitted and served prior to the specified closing time to
finish their food and drinks.
We look forward to assisting you with your use permit application.
Sincerely,
Patrick J. Alford
Senior Planner