HomeMy WebLinkAboutSejour Bistro - 3400 Via LidoCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
June 5, 2008 Meeting
Agenda Item No. 3
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
The property owner requests a continuance of the revocation hearing for the former
Sejour. The continuance is necessary in order for the property owner to submit a new
use permit application to operate a full -service eating and drinking establishment. It is
anticipated that the use permit application will be submitted by June 30, 2008.
Staff recommends that the Planning Commission continue the revocation hearing to
July 17, 2008. Should the property owner fail to submit a complete use permit
application by June 30, 2008, staff recommends that the Planning Commission resume
the revocation hearing on July 17, 2008.
BACKGROUND
On April 17, 2008, the Planning Commission commenced the revocation hearing for
Sejour, for an off -sale alcoholic beverage outlet with accessory on -site alcohol
consumption, food service and live entertainment. After receiving public testimony, the
Planning Commission continued the hearing to June 5, 2008 and directed staff to draft a
list of conditions of approval to 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.
Revocation of Use Permit Nos. 2001 -005 & 2002 -034
June 5, 2008
Page 2
• 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.
• Elimination of Type 47 ABC license.
The transcript of the April 17th meeting will not be available until June 12th and will be
included in the Planning Commission package for the June 1gth meeting.
DISCUSSION
A list of conditions with the above considerations has been prepared and forwarded to
the property owner. The property owner; however, has now expressed a desire to
operate a full - service eating and drinking establishment with a retail sale component at
the subject property. This request would necessitate the filing of a new use permit
application instead of modifying the existing use permits that are currently being
considered for revocation. Due to time constraints, the property owner is requesting a
continuance of the revocation hearing while the new use permit application is being
prepared. Staff is in support of this request and, therefore, recommends a continuance
to July 17, 2008 with the owner's agreement that there would be no business operated
at the subject property during this time frame and the use pen-nit application must be
submitted to the Planning Department by June 30, 2008. With this deadline, it is
anticipated that the new use permit will be presented to the Planning Commission on
August 7, 2008; however, should the property owner fail to submit a complete use
permit application by that date, staff recommends that the use permit revocation hearing
resume on July 17, 2008.
Staff received a follow -up letter from the property owner dated May 21, 2008. Besides
the continuation request and their agreement to the deadlines, the letter includes
several suggested conditions regarding limited live entertainment, hours of operations
and bottle service of distilled spirits for the proposed restaurant operation. Staff has no
comment on these proposed conditions at this time.
Prepared by:
salinh Ung, Associat P nner
Exhibits:
Submitted by:
1. Request for Continuance Letter dated May 21, 2008
EXHIBIT 1
CONTINUANCE
REQUEST LETTER
May 21, 2008
Mr. David Lepo
Planning Director
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Lepo:
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Thank RI'B�CH
Thank you for following up on Use Permits 2001 -005 and 2002 -034 for 3400 Via Lido.
We are pleased to hear that the City of Newport Beach Planning Department Staff is supportive
of our desire to "modify" our current Use Permits and our new Use Permit application for as a
full service restaurant at 3400 Via Lido. We are looking forward to a productive and rapid
resolution to the issues at hand.
We are confident that the City Council does not want our Use Permit Revocation to
become yet another legal matter for the City of Newport Beach.
As per your instructions through Ms. Rosalinh Ung, Associate Staff Planner, we are
requesting a continuance of the currently scheduled June 5, 2008 Use Permit Hearing for our
3400 Via Lido property in Newport Beach, CA 92663.
Please advise us by Tuesday, May 27, 2008 if Planning Staff will recommend a
continuance for the Hearing, so we may be prepared. Please use our contact phone, email
or address below.
We understand that this continuance will permit the City and ourselves to negotiate
a Modified Use Permit and achieve Staff recommendation for a New Use Permit
application for an Eating and Drinking Establishment.
In communications with the City, we have agreed to modify certain conditions of our
current Use Permit, provided that we can obtain a Modified Use Permit and a New Use Permit
for an Alcoholic Beverage Outlet maintaining our rights to operate a Type 47 License for a
Restaurant. In summary, we offer to modify certain conditions as follows:
Limit Live Entertainment to a maximum of 9 times per year by Special Permit.
2. Modify the Hours of Operation from 10:00 am to 11:00 pm 7 days per week. The
current Use Permit hours are until midnight on Friday and Saturday evenings.
No bottle service of distilled spirits permitted. This is a NEW CONDITION WE
OFFER.
Continued on page 2
Page 2 of 3
4. The property will be modified to comply with City Codes with respect to the
restaurant Use Permit
A parking agreement will be obtained and provided for the Restaurant.
We understand that you and Patrick Alford, Senior Planner, City of Newport Beach
Planning Department agree to work positively and efficiently with us to modify our current Use
Permit for an Alcoholic Beverage Outlet and assist us in obtaining a new Use Permit for an
Eating and Drinking Establishment to operate as a restaurant at 3400 Via Lido. We understand
that Planning Staff is supportive of our desire to modify our Use Permit from a Retail Store &
Bar to a Retail and Restaurant.
We believe that restaurant business operations in the City of Newport Beach are
consistent with City goals. Our offer to eliminate live entertainment three days a week and cut
our evening hours to 11:00 pm are two important conditions that will make the Planning Staff
and Planning Commission comfortable with our Permits for 3400 Via Lido.
We understand that we are to prepare and submit the Use Permit Applications for a Type
47 Alcoholic Beverage Outlet and an Eating and Drinking Establishment at 3400 Via Lido to the
City of Newport Beach, Planning Department no later than Tune 30, 2008.
My telephone conversation with Rosalinh Ung on Friday, May 16 is recapped as follows.
" Mr. Lepo requested I (Rosalinh Ung) call you and tell you the following':
That you (the Overstreets) are to request in writing no later than May 23, 2008 to
David Lepo a continuance of our June S, 2008 hearing of 3400 Via Lido
2. That you agree not to operate any business at 3400 Via Lido until this Use Permit
matter is resolved and settled.
3. That you prepare and submit a new Use Permit Application to the City of
Newport Beach, by June 30, 2008.
4. Mr. Lepo recommends two Planning Consultants that could assist you in these
matters: Mr. Martin Potts MPA Associates AND Ms. Carol McDermott,
Government Solutions.
- - - - - -- -End of Phone call with Rosalinh Ung.
Continued on page 3
Page 3 of 3
I contacted both consultants on Friday May 16, 2008, leaving specific details of the
requirements requested by you via Rosalinh Ung on that same date. Mr. Martin Potts contacted
us late Friday afternoon, advising me he would be out of town for a trade show and could not
meet with us until Thursday, May 22 or Friday, May 23 at the earliest.
We agree not to operate a business under the current Use Permit at 3400 Via Lido while
we are discussing modifications to the Use Permit with Staff: We are relying on your statement
that the City will not try to argue that we have given up our rights under the Use Permit because
of the passage of time or lack of use.
If any of the information set forth above is not clear or accurate, we will expect notice
from the Planning Director, advising us of the contrary. Please contact us by telephone, email,
and/or mailing address provided.
Dennis Overstreet
Property Owners - 3400 Via Lido
CONTACT:
419 31 st Street # C
Newport Beach, CA 92663
christineovertreet @ mac.com
Cell Phone 949 - 378 -7271
Office Phone: 949 - 723 -0574
cc: Deborah M. Rosenthal, Sheppard, Mullin, Richter & Hampton
Planning Commission - City of Newport Beach
Patrick Alford, Senior Planner, City of Newport Beach
Rosalinh Ung, Associate Planner, City of Newport Beach