HomeMy WebLinkAboutOverstreet's Wine Merchant & Wine Bar (PA2002-167)rFa"�e,
CITY OF NEWPORT BEACH
Hearing Date:
November 7, 2002
PLANNING DEPARTMENT
Agenda Item:
3
3300 NEWPORT BOULEVARD
Staff Person:
Bill Cunningham
NEWPORT BEACH, CA 92658
(949) 644 -3234
(949) 644 -3200; FAX (949) 644 -3229
Appeal Period:
14 days after final action
REPORT TO THE PLANNING COMMISSION
PROJECT: Overstreet's Wine Merchant & Wine Bar (PA2002 -167)
3400 Via Lido
SUMMARY: 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 live entertainment, and to expand the hours of
operation from 11:00 pm to 12:00 midnight on Fridays and Saturdays at an
existing retail Alcoholic Beverage Outlet located in Lido Village.
RECOMMENDED
ACTION: Adopt Resolution No._ approving the requested Amendment to Use
Permit No. 2001 -005 (PA2002 -167) with conditions.
APPLICANT: Dennis & Christine Overstreet
3400 Via Lido
Newport Beach, CA 92663
PROPERTY
OWNER: Dennis & Christine Overstreet
LOCATION: 3400 Via Lido (Lido Village)
LEGAL
DESCRIPTION: Lot 2 of Tract 1235
GENERAL PLAN: Retail & Service Commercial
ZONING
DISTRICT: Retail and Service Commercial (RSC)
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VICINITY MAP
Amendment to Use Permit No. 2001 -005 (PA2002 -167)
3400 Via Lido
Current
Development:
Existing wine sales and wine tasting business.
To the north:
Retail and service commercial.
To the east:
Retail and service commercial across Via Oporto.
To the south:
Retail and service commercial Via Lido Plaza across Via Lido.
To the west:
Retail and service commercial.
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Site /Project Overview
The wine sales and tasting business is existing and located at the northwest corner of the
intersection of Via Lido and Via Oporto. Currently, the business operates with a Type 21 off -
sale general license and a Type 42 on -sale beer and wine license for wine tasting only. The
applicant proposes the following modifications to the original use permit:
1. Pen-nit the sale of distilled beverages for on -site consumption (Type 47 license);
2. Permit live entertainment; and
3. Expand the hours of operation from 11:00 pm on Fridays and Saturdays, to 12:00
midnight.
The applicant proposes to maintain the size and other operating characteristics as approved under
Use Permit No. 2001 -005 in that there are no interior or exterior modifications proposed to the
building, and the maximum number of patrons on the premises at any time is to continue to be
limited to 29 persons. In addition, as originally approved, only limited food service was to be
provided such as hors d'oeuvres and light snacks. Applicant has submitted a copy of the menu
which indicates that the food service is somewhat extensive, but staff believes that the food
service is supportive of the retail business and is not classified as an eating and drinking
establishment (see discussion that follows). The live entertainment is proposed for seven days a
week, and will consist of three- musicians offering "light jazz and contemporary music." As
approved and conditioned, the wine tasting and food service portion of the business is limited to
Suite B, and the retail portion limited to Suite A (note: the plans submitted with this application
have changed the designation of Suite A to "Unit Al ", and Suite B to "Unit A2" -- the size of
each portion of the business remain unchanged).
Background
Use Permit No. 2001 -005 was approved by the Planning Commission on April 5, 2001. The
approval was for "a new alcoholic beverage license (Type 21, off -sale general) in conjunction
with a fine wine retail establishment [with] periodic on -site wine tasting seminars in the evenings
for approximately 30 people with a Type 42 alcohol license. " , Included in the original
application was a request for a parking waiver.
In discussing the applicant's request at the April 5, 2001 put lic hearing, the Planning
Commission had expressed concern that the on -site sale of wine be an ancillary use to the retail
sale of alcoholic beverages for off -site consumption, and that the use was not classified as an
eating and drinking establishment or bar. The Planning Commission's concerns with respect to
this point related to the high number of alcohol - related crimes within the vicinity of the subject
property, and the lack of on -site parking and limited number of parking spaces in close proximity
to the site. To that end, the Planning Commission adopted a number of conditions (and added
revisions to other conditions recommended by staff) that were intended to ensure that the
business would be operated primarily as a retail use and would not operate as a restaurant or
evolve into a bar or cocktail lounge. Specifically, the Planning Commission approved the use
subject to, among other conditions, the following:
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• Condition No. 1 stated that "the alcoholic beverage outlet is hereby defined as a retail
establishment for off-site consumption as the primary and principal use... on -site
consumption of alcoholic beverages shall be limited to wine tasting and shall be
accessory and subordinate to the principal retail use and sales shall not exceed 20
percent of gross sales... "
• Condition No. 5 that stated "approval does not permit the premises to operate as an
eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night
club... "
The minutes of the April 5, 2001 Planning Commission meeting and the finding and conditions
of approval for Use Permit No. 2001 -005 are included as Exhibit No. 2.
Analysis
In analyzing the applicant's request, staff evaluated whether or not the change in the uses and
business operation proposed by the applicant would materially change the use classification. The
applicant is requesting a new Type 47 Department of Alcoholic Beverage Control license to
permit the on -site consumption of alcoholic beverages including distilled beverages. A Type 47
license is a restaurant license where the business must operate and maintain a bona fide eating
place and make substantial sales of meals during normal meal times. Included within the request
is an extension of the closing time from 11:00 pm to 12:00 midnight Fridays and Saturdays, and
live entertainment seven days a week. As discussed above, the staff evaluation and Planning
Commission discussion of the original request centered on the business operating as a retail use,
with the majority of the sales related to the retail sales of wine. Therefore, conditions were
included that 1) prohibited the on -site consumption of beer, 2) prohibited live entertainment, and
3) required that on -site consumption of wine be as an accessory use to retail sales as the principal
use and that the business not operate as a restaurant. In addition, as indicated in the attached
minutes of the April 5, 2001 Planning Commission meeting, the applicant represented that the
on -site consumption of wine would be limited to small sample sizes (one ounce or less) only.
While the requested changes could be viewed as a potential to change the classification of the
business, the applicant has stated that the intent is to remain as a business specializing in wine
sales with ancillary wine tasting and consumption with light snacks and small food portions, and
they have stated that they intend to continue to comply with the original conditions restricting the
on -site consumption of alcoholic beverages to not exceed 20 percent of gross sales. Staff has
included that condition in the draft resolution (Condition No. 4).
Related to the classification of the business is the extent of the food service being offered at the
business. As noted above, the original application included minor hors d'oeuvres and snacks.
The applicant has submitted their menu (included as Exhibit No. 3), which shows the array of
food items being offered is extensive. However, the menu items are mostly small portions and
are offered with accompanying wine selections. Because of this, staff believes the food service
remains accessory to the primary function of retail sales of wine, and staff notes that the kitchen
facilities are very limited in terms of size and equipment. Therefore, in staff s opinion, the food
service is ancillary to the on -site alcoholic beverage consumption and the business does not
constitute an eating and drinking establishment. The findings and conditions of the original
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application approval restricting the on -site food and alcohol sales receipts has been carried
forward in the draft resolution.
City Council Policy K -7 states that establishments are defined as a bar or cocktail lounge if they
demonstrate either one or both of the following characteristics:
A. Is licensed as a 'public premises " by the Department of Alcoholic Beverage Control,
Or
B. Provides an area for serving alcoholic beverages that is operated during hours not
corresponding to regular meal service hours. Food products sold or served incidentally
to the sale or service of alcoholic beverages shall not be deemed as constituting regular
meal service.
A Type 47 license is a restaurant license and not a `public premises." ABC defines a restaurant
as having normal dining hours of between 6:00 p.m. and 9:00 p.m. The applicant proposes to
service food from 11:00 a.m. to 12:00 midnight, which can be viewed as "not corresponding to
regular meal service hours" as stated in Item B of City Council Policy K -7. However, for the
reasons discussed above, staff is of the opinion that the business continues to operate as a retail
business with ancillary on -site alcoholic beverage consumption. Therefore, City Council Policy
K -7 does not apply.
General Plan
The City's General Plan designates the site as Retail and Service Commercial, with an allowable
floor area ratio for the Lido Village area of 0.5/0.75 FAR. Retail sales of alcoholic beverages
and ancillary uses thereto such as wine tasting and minor food service is a permitted use within
the Retail Service Commercial designation. As noted in the original staff report for the April 5,
2001 Planning Commission meeting, the building exceeds the allowable General Plan FAR with
an existing FAR of 0.83. However, as noted in that staff report, the building is considered legal,
nonconforming and the project did not, and does not now, include an increase in floor area.
Therefore, the applicant's request is consistent with the General Plan.
Alcoholic Beverage Ordinance (ABO)
In accordance with Section 20.89.030A of the ABO, a use permit shall be required for any
existing alcoholic beverage outlet if the business changes its type of retail liquor license with the
Department of Alcoholic Beverage Control. Therefore, this staff analysis is required in
conjunction with the ABO. The purpose of the ABO Ordinance is to preserve a healthy
environment for residents and businesses by establishing a set of consistent standards for the safe
operation of alcoholic beverage outlets, while preventing alcohol - related problems. The ABO
requires the Planning Commission to consider the following factors:
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
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3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day care.
centers, park and recreation facilities, places of religious assembly, and schools.
In accordance with the foregoing, and in order to provide the Planning Commission with the
necessary data and analysis to make the required findings, each of the foregoing factors are
discussed as follows:
1. Public Convenience or Necessity. The business has been in operation for approximately
one year, and has been operating as a retail wine merchant with ancillary on -site wine tasting. As
noted above, the change in the license to a full on -site alcohol sales (Type 47), and the
introduction of live entertainment, will not substantially change the operating characteristics and
the business continues to be classified as retail alcoholic beverage sales with ancillary on -site
alcoholic beverage consumption. The Police Chief is designated by Council Policy K -7 to be
responsible for making an official finding of Public Convenience and Necessity on behalf of the
City. The Police Department's report (included as Exhibit No. 5) states that the new proposed
use will substantially change the use as currently exists, and "could arguably make the business
more like a bar /cocktail lounge and less like a restaurant that provides alcoholic beverages in
conjunction with food service. " The Police Department concludes that the proposed changes
will likely result in an increase in police activities in the area, and they state that "it is difficult
for the Police Department to endorse the propose intensified use permit modification. " In
addition, it is noted by both Planning and Police Department staff that the area is characterized
by a number of existing establishments that have on -site service of alcoholic beverages.
However, the Police Department analysis was based on the business changing to a bar or cocktail
lounge, and there appears to be incomplete clarity relative to the exact operating characteristics
of the business. Therefore, the Police Department report leaves the decision to the Planning
Commission with respect to the changes requested by the applicant.
As discussed above, the changes do not materially change the overall operating characteristics of
the business, which continue to operate as a retail wine business with ancillary on -site alcoholic
beverage and food consumption. Therefore, in staff's opinion, the Pubic Convenience or
Necessity finding contained in the original approval can continue to be made for this amendment
request.
2. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of
which 2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two
Crimes that include alcohol related arrests. The project site, located within the Lido Village area,
is located within Police Reporting District No. 15. During 2001, the number of Part One Crimes
in RD No.15 was 367 and the number of Part Two Crimes was 912. Adjacent Reporting
Districts are Nos. 16 and 13. RD No. 16 had 178 Part One and 424 Part Two Crimes; and RD
No. 13 had 101 Part One and 161 Part Two Crimes. As noted in the Police Department report,
the crimes within the reporting district of the project site are higher than surrounding RD's, and
are significantly higher than the City -wide average. The reported crimes within RD No. 15 are
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over 500% above the City -wide reporting district average. Even though the Police Department
has expressed a concern that the revised operating characteristics requested by the applicant
could result in the business operating more like a bar or cocktail lounge, the business will
continue to operate primarily as a retail premium wine shop with ancillary on -site alcoholic
beverage consumption. Therefore, in staff's opinion, the original finding can continue to be
made that the business will not result in an increase in crime rate within the area.
3. Over Concentration. The request will result in one additional on -site alcohol beverage
(Type 47) license within RD No. 15. There are a total of 70 active ABC licenses within RD No.
15. The census tract within which the business is located has a higher ratio of liquor licenses (1
license per every 88 persons) when compared with the average ratio for Orange County (1
license per every 590 persons), and the area has a number of businesses with Type 47 licenses.
However, the new Type 47 license is a replacement for the existing Type 42 license. Therefore,
there will be no net increase in the total number of ABC licenses within the reporting district.
4. Alcohol Related Crimes. The Police Department has provided statistics for driving under
the influence and plain drunk arrests. There were 137 driving under the influence arrests and 476
plain drunk arrests within RD No. 15 in 2001. The percentage of alcohol related arrests within
RD No. 15 is 68.7 %. City -wide, alcohol related arrests account for 48.7% of all arrests made.
The alcohol - related arrest rate in the two adjacent reporting districts is 62.4% for RD No. 16 and
50.9% for RD No. 13. (A map of the reporting districts is included in Exhibit No. 4.) The rate
within RD No. 15, within which the project is located, is higher than the city-wide average and
also higher than the two adjacent RD's. As noted above, the Police Department report states that
the changes proposed will result in a use more like a bar or cocktail lounge, and could result in a
likely anticipated increase in police related activities. However, the use classification is not
being changed, and the business will continue to operate primarily as a retail wine shop with
ancillary alcoholic beverage sales.
5. Adjacent Uses. The site is located within the Lido Village area that is predominantly
commercial. The project site is not adjacent to sensitive land uses, and there are no day care
centers, schools, or park and recreation facilities in the vicinity of the project site. The nearest
residential uses are located approximately 600 feet to the west across Newport Boulevard, and
approximately 600 feet to the southeast along the easterly side of Via Lido.
A concern also discussed in the staff report for the use as it was originally proposed in 2001 was
relative to the potential to change the operational characteristics given a change in ownership.
The business has operated for approximately one year with no known alcohol - related problems.
However, the past operation has been with on -site alcohol consumption on a limited basis and
incidental to the retail sales of wine. The proposed change would result in the business operating
with a Type 47 license that will allow full liquor service for on -site consumption, and with live
entertainment. As noted in the 2001 staff report, a use permit runs with the land and not with the
individual. Staff is concerned relative to the potential adverse effects which may result if the
business were sold to an operator that wished to change the characteristics resulting in less
emphasis on the sale of fine wines, or change the type of live entertainment provided. This
concern is tempered somewhat by the fact that the applicant is also the owner of the property, but
staff remains concerned about a potential future operator of the business who could lack the
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sensitivity to alcohol - related issues demonstrated by the current business owner. Nevertheless,
these concerns relate primarily to the potential for the business being changed to a bar or cocktail
lounge use. In response to this concern, staff has included a condition (No. 9) requiring future
owners to be notified of the conditions and submittal of a letter by the owners acknowledging
acceptance of the limitations and conditions.
Hours of Operation
The applicant's request includes an amendment to the operating hours. The existing conditions
for the use permit include the hours of operation limited to 10:00 a.m. to 11:00 p.m. daily for the
retail portion of the business, and from 1:00 p.m. to 11:00 p.m. for the wine tasting portion.
Applicant is requesting that the wine tasting portion of the business be expanded to 12:00
midnight on Fridays and Saturdays. Staff does not feel that the request to extend the hours of
operation as requested by the applicant is unreasonable.
Parking
The original approval of Use Permit No. 2001 -005 included a parking waiver. The site is
nonconforming in that there are no off - street parking spaces provided on the site. The analysis at
that time determined that the use (retail alcohol sales with ancillary on -site wine tasting) would
require 21 parking spaces. This parking requirement was based on the retail portion of the
business being 1,328 square feet and computed on the standard of one parking space per 250
square feet of floor area; and the wine tasting/seminar portion based on a maximum of 29 patrons
and six employees. In granting the parking waiver it was noted that a parking management plan
exists for 22 spaces provided within Lido Marina Village parking garage, and a Condition ( #18)
was included within the approving action requiring the applicant to submit documentation that at
least 21 spaces are available. Subsequently, a copy of the parking agreement between the
applicant and the Lido Marina Village parking garage was submitted and it stipulates that a total
of 33 spaces have been made available to the business.
The applicant has submitted a menu that suggests that the food service goes beyond light snacks
and hors d'oeuvres. However, for the reasons discussed above, staff continues to classify the
food service as ancillary to the predominate retail use of the business. However, staff notes that
the original approval included a parking waiver that was based on the use being as retail sales
with ancillary wine tasting and light food service. If the use classification were to be changed to
an eating and drinking establishment, the parking requirement would increase for that portion of
the business (i.e., the portion operated in Suite A2). Suite A2 consists of 1,263 square feet. The
parking standard for eating and drinking establishments ranges from one parking space for every
30 to 50 square feet resulting in a requirement of 26 to 43 spaces for that portion of the business.
Therefore, if the business is classified as an eating and drinking establishment, the parking
waiver increases from 21 spaces, to 37 to 48 spaces. Since this analysis was based on the
business classification remaining unchanged, a waiver of parking was not advertised as part of
the public hearing notice. If, however, the Planning Commission determines that the use
classification is in fact changing to that of an eating and drinking establishment, it will be
necessary to continue the public hearing and send out a revised public hearing notice.
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Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class 1 (Minor Alteration of
Existing Structures).
Conclusion
In summary, staff believes that the changes requested by the applicant will not result in a
substantial change in the operating characteristics of the business, which will continue to operate
as a retail alcoholic beverage outlet with on -site alcoholic beverage consumption and food
service that is incidental to the retail sales. If the Planning Commission agrees with this
conclusion, staff believes, the findings of the ABO continue to be met by the findings contained
within the approving action for the original use permit, in which case it would be appropriate for
the Planning Commission to adopt the draft resolution of approval.
The Commission has the option to determine that the business classification has changed to that
of a bar or cocktail lounge, in which case, and in accordance with City Council Policy K -7, it
would be necessary to deny the amendment. Staff has included Findings for Denial as Exhibit
No.2.
The Commission also has the option to determine that the portion of the business with on -site
food and alcoholic beverage consumption is classified as an eating and drinking establishment. If
so determined, it is necessary to continue the public hearing and instruct staff to re- notice the
item to include an amendment to the parking waiver.
Submitted by: Prepared by:
PATRICIA L. TEMPLE WILLIAM CUNNINGHAM
Planning Director Contract Planner
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Exhibits
Resolution No. 2002 -_, findings and conditions of approval
2. Findings for denial
3. Food service menu
4. Letter and project description from applicant
S. April 5, 2001 Planning Commission minutes and conditions of approval
6. Police Department report
7. Project plans
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EXHIBIT 1
RESOLUTION NO. _
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:
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 welfare 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 Commission.
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:
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City of Newport Beach
Planning Commission Resolution No. _
Pa ,ze 2 of 7
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
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 license 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 Permit 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.
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City of Newport Beach
Planning Commission Resolution No. _
Paee 3 of 7
PASSED, APPROVED AND ADOPTED THIS 7th DAY OF NOVEMBER 2002.
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Steven Kiser, Chairman
Shant Agajanian, Secretary
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City of Newport Beach
Planning Commission Resolution No. _
Paee 4 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDMENT TO 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. Amendment to Use Permit No. 2001 -005 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted. The Amended 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 ABC prior to the expiration date. In the event of expiration, the uses
and conditions shall revert to the approval and conditions therein as approved for Use Permit No.
2001 -005 as approved and conditioned by the Planning Commission on April 5, 2001.
3. 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. The construction plans must meet all applicable State Disabilities
Access requirements, Adequate access and exiting must be cleared through the Building
Department, and a second exit shall be provided in a manner and location that does not exit into
the outdoor eating or waiting areas. Specifically, approval from the Orange County Health
Department is required prior to permit issuance. A grease interceptor of adequate size is required
in association with food preparation activities.
4, 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 sales shall not exceed 20 percent of gross sales. The sale of distilled spirits shall not exceed
15 percent of gross receipts of all off -site alcohol sales. The applicant or operator shall maintain
adequate records to determine compliance with this condition and shall provide the City said
records when requested.
5. 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" 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." 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.
6. 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.
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City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 7
7. 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.
8. Live entertainment shall be limited to three musicians or less, and music shall be limited to
indoor areas only.
9. 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.
10. 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.
11. The Planning Commission may add to or modify conditions of approval to this Use Permit or
recommend to the City Council the revocation of this Use Permit upon a determination that the
operation which is the subject of this Use Permit causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
12. The exterior of the restaurant and 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.
13. 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.
14. The sale of distilled spirits shall not exceed 15% of gross receipts of all off -site alcohol sales. The
applicant or operator shall maintain adequate records to determine compliance with this condition
and shall provide the City said records when requested.
15. Alcoholic beverage sale from drive -up or walk -up windows shall be prohibited.
\t
City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 7
16. 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 of this permit.
17. This Use Permit may be modified or revoked by the City Council or Planning Commission
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.
18. A Special Events Permit is required for any event or promotional activity outside the normal
operational characteristics of this restaurant business that would attract large crowds, include
any form of on -site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
19. 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.
20. 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:
21. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall
be posted as required by the ABC.
22. 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.
23. 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
\(D
Between the hours of
7:OOAM and 10:OOPM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
SSdBA
40dBA
SOdBA
Residential Property located within
100 feet of a commercial
property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
I N/A
65dBA
N/A
60dBA
21. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall
be posted as required by the ABC.
22. 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.
23. 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
\(D
City of Newport Beach
Planning Commission Resolution No. _
Paee 7 of 7
a valet operated parking plan to be reviewed and approved by the City Traffic Engineer prior to
the commencement of the valet service use.
24. Delivery vehicles shall not park within the public right -of -way of Via Lido and Via Oporto.
25. Trash generated by the business shall be screened from view from adjoining properties except
when placed for pick -up by refuse collection agencies.
26. No outdoor loudspeaker or paging system shall be permitted in conjunction with the operation.
27. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.
28. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
29. 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.
30. The project shall comply with State Disabled Access requirements.
31. Health Department approval is required for any changes to the kitchen and other portions of the
building that require a Building Permit.
N,\
EXHIBIT 2
FINDINGS FOR DENIAL
PA2002 -167 (AMENDMENT TO UP2001 -005)
FINDINGS:
1. The granting of a use that involves the sale and consumption of alcohol at this location does not
meet the intent or requirements of Chapter 20.89 (Alcoholic Beverage Ordinance) for the
following reasons:
a. The proposed use does not serve the public convenience or necessity in that there is a
high number of similar uses within the vicinity.
b. The crime rate in the reporting district and adjacent reporting districts is higher than
surrounding reporting districts and significantly higher than the City -wide crime rate.
C. The per capita number of alcohol licenses within the reporting district of the subject
business is higher than in adjacent reporting districts and considerably higher than the
County -wide average.
d. The number of alcohol - related calls for service, crimes or arrests in the reporting district
of the subject business and the adjacent reporting districts are higher than the City -wide
average.
2. Granting of the amendment to the use permit will result in the use classification of the business
being changed. to a bar or cocktail lounge, and will result in the provisions of City Council
Policy K -7 not being met in that the business is located within a reporting district that has a
high crime rate with alcohol- related arrests at a significantly higher rate than adjacent report
districts and the City as a whole. Under the provisions of City Council Policy K -7, the
mandatory finding of Public Convenience and Necessity cannot be made.
1�
Overstreet's Wine Bar
3400 Via Lido, Newport Beach, CA 92660
(949) 566 -9463
The Menu at Overstreet's
t)c/. 2Y.
-,2D6 )-'�
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 3.00
Olive Tapenade / shallots / creme fraiche / toasted baguette 4.00
Croque Madame / bacon -onion marmalade / gruyere / field greens 6.00
Wild Mushroom Santee / creamy polenta / bleu cheese / balsamic reduction 10.00
Salads
Grilled Figs / bleu cheese / parsley / 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
Ancho Chile Grilled Chicken / sweet cam 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
Overstreet's Hine 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 10.00
Ahi Tuna Tartare / Asian aioli / guacamole / ponzu sauce 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 loz. Service of Caviar I chives I egg I shallots / capers / toast points
Sevruga 55.00
Ossetra 65.00
Beluga 75.00
From The, Land
Roasted Lamb Chops I cranberries / cous cous / mustard jus. 14.00
Seared Foie Gras / caramelized figs I balsamic gastrique I frisee 2100
For Dessert
All Desserts, 7.50
Berry Trifle / raspberries / blackberries / whipped cream
Franjelico- infused Chocolate Mousse 1 single - estate chocolate / whipped cream
Black & White Sundae / chocolate sauce / marshmallow cream / vanilla bean ice -cream
Tapioca Brulee / caramelized sugar / mint / blueberries
'j,�J
Overstreet's Wine Bar
3400 Via Lido, Newport Beach, CA 92660
(949) 566 -9463
The Cheese Degustation
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 kinda 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, candied cashews, blackberries
soft French cow's 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!
�4
el
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 Overstreet's Prix Fixe is a total- dining - 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 // Torh 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 I/ Teruzzi & Puthod, Terre di Tufi
Ginger -Soy Marinated Prawns // Gerhard, Riesling
Cheese Composition: Rochebaron, cashews and blackberries // Baileyana, Pinot Nair
Prix Fixe #82
Five Courses Paired With Five %s Glasses of Wine 65.00
Heirloom Tomatoes It Bouvet
Pan Roasted Chicken // Chateau Montelena, Chardonnay
Grilled Figs // Byington "Alliage," Californian Bordeaux -style blend
Cheese Composition: Croton de Chavignol, peach and balsamic reduction 11 Echeverria
Berry Trifle // Chateau Coutet, Barsac
Prix Fixe 961
Five Courses Paired With Five li 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, Syrah
Tapioca Brulee // Chateau Coutet, Barsac
Please Note: Prix Fixe dinners are carefully planned for your enjoyment. Please, No Substitutions.
r._
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
pour bottle
NV Bouvet, Ladubay Signature, Loire Valley, France 4.00 17.00
delicate, perfume, vanilla, candy, roses
'99 Varichon & Clerc, Brut Blanc de Blanes, 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 Blanes, Champagne, France 20.00 65.00
determined, solid, crisp citrus, rare mineral
'93 Dom Perignon, Brut Champagne, France 100.00
dignified, chic, toast, coffee, hazelnut
195 Louis Roederer, Cristal, Champagne, France 150.00
dazzling, opulent, rich, citrus, dough
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.
Overstreet's Wine Bar
3400 Via Lido, Newport Beach, CA 92660
(949) 566 -9463
...white
light
demi ,pour bottle
101 Colombelle, Cotes de Gascogne, France 1.25 3.50 15.00
vivid, appealing, green peach, lemon, mineral
'00 Heather Ranch, Chardonnay, Russian River Valley 3.75 7.50 25.00
brooding, smoky pear, toast, butterscotch, melon
'00 Torii Mor, Pinot Blanc, Oregon 5.00 10.00 25.00
graceful, peach, pear, melon, spice
medium
`01 Chateau Haut Rian, Bordeaux, France 3.00 6.00 20.00,
surprising, rogue, grass, nuts, fruit
'01 Gabriel Meffre, "Fat Bastard" Chardonnay, France 3.25 6.50 20.00
"get in my belly," butter, pear, citrus, monkey elbow
102 Isabel, Sauvignon Blanc, New Zealand 3.50 7.00 20.00
waif - runway- strut, pear, grapefruit, celery?
'99 Kumeu River, Chardonnay, New Zealand 7.50 15.00 45.00
debonair, refined, apple, spice, peach '
full
'99 Teruzzi & Puthod, Terre di Tull, Italy 2.25 5.50 20.00
graceful, darling, lemon, apple, vanilla
'00 Gerhard, Riesling - Kabinett, Germany 3.00 6.00 25.00
brilliant, dense, nectarine, mineral, passion
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 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.
LAI
Overstreet's Wine Bar
3400 Via Lido, Newport Beach, CA 92660
(949) 566 -9463
...red
demi pour bottle
light
198 Pascal Avril, Cabernet Franc, Chinon, Loire Valley, France 3.50 7.00 20.00
gentle, velvety, plums, spice, leather
'99 Baileyana, 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
100 Bodegas Toresanas, Dehesa Gago, Toro, Spain 2.25 4.50 20.00
aggressive, wild, plum, blackberry, rustic spice
198 Chateau Cruzeau, Pessac- L6ognan 4.50 9.00 32.00
berry, leaf, chocolate, tobacco, suede Puma's
199 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, meat
199 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
198 Virginie de Valandraud, St: Emilion, Bordeaux 9.00 18.00 70.00
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 on -site consumption only. Wines from the salon and
cellar may require a $15.00 corkage fee. Ask your server for details.
,) t!
d�'a
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 eats dessert is not drinking enough.
Jay McInerney
Bacchus & Me, Adventures in the Wine Cellar
our bottle
'00 Robert Mondavi Winery, Moscato d'Oro, Napa Valley 6.50 28.00
austere, simple, sweet, litchi, pear
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, ole!
197 Chateau Coutet, Barsac, France 14.00 50.00
siren- esque, boundless, lemon, pineapple, honey
NV Jean Fillioux, 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 q
cellar may require a $15.00 corkage fee. Ask your server for details. 1
.Overstreet's Wine Bar
3400 Via Lido, Newport Beach, CA 92,660
(949) 566 -9463
...flights
three
15oz.
pours
1. Chardonnay: A lesson in terroir (climate, microclimate, 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 any more 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! Ah! The sexy rewards of
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:" Laftte- 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- Leognan offering.
a. '99 Byington, "Alliage," Sonoma County
b. '98 Chateau Cruzeau, Pessac- Leognan
c. '98 Virginie de Valandraud, St.-Emil ion, 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. ') 0
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 tun out, but while the bottle
is cracked... we thought we'd be nice and share.
All Pours, $5.00
white
'99 Tahbilk Estate, Marsanne, Australia
'01 Nautilus, Sauvignon Blanc, New Zealand
'01 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 Sebastian, 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 $15.00 corkage fee. Ask your server for details. ' t
EXHIBIT 4
LETTER AND PROJECT DESCRIPTION
FROM APPLICANT
33
August 12, 2002
James Campbell
Senior Planning Commissioner`
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA
Dear Mr. Campbell:
Dennis Overstreet and I (Christine Overstreet), owners and operators of Overstreefs Wine
Merchant and Wine Bar, located at 3400 Via Lido, Newport Beach, Ca 92663, respectfully submit a new
(revised) Use Permit Application to the Planning Commission of the City of Newport Beach for your
review and consideration. Attached for reference is our current Use Permit as well as our original
application.
. We are submitting a new application for the purpose of revising some of the conditions of our
current Use Permit, as well as requesting new permit uses:
We are not proposing any new construction; interior or exterior. All approved plans, inspec-
tions and permits have been approved by all departments of the city of Newport Beach. No new ele-
vations, roofs, or mechanical equipment are proposed. Photographs of the current and existing inte-
rior and exterior of the building are attached.
There is no additional environmental impact on the surrounding area or the community
regarding these uses. There are no variances required for these requests.
We are seeking Use Permits for a full on- premise liquor license and an entertainment license
for our Wine Bar. Overstreet's Wine Merchant and Wine Bar has demonstrated to the community that
we operate a sophisticated and responsible establishment that caters to a mature audience that lives
and visits the Peninsula area.
We are not and will not be a "teen age hangout". In fact we post a sign that one must be 21 years
or older to enter the wine bar area. As owners of the building and operators of the business, we have
a vested interest in the cormmurdty of Newport Beach. We- are a family of four, residing ore Lido Isle
for the past four years and as residences of Newport Beach, we offer local residences a unique relax-
ing atmosphere that appeals to a mature audience who enjoys soft jazz and contemporary music.
Because of our location and size, we appeal to residents in our local neighborhood. This mini-
mizes travel distances, and traffic on and off the Lido Peninsula. While our feature is a wine bar, we
have begun to experience the fact that not everyone in a given party prefers -wine. Therefore; to
encourage business and maximize customer satisfaction regarding beverage of choice, we respect-
fully seek a use permit for a full on- premise liquor license. In addition, to offer the sophisticated
atmosphere we are attempting to reach we respectfully seek your approval for a use permit that would
entitle us to a live entertainment use permit.
Page 2 of Use Permit Application -August 12, 2002 Overstreet's Wine Merchant & Wine Bar
Our establishment serves only 29 people (USE PERMIT is for 29) and we wish to offer
entertainment. Our establishment is not adjacent to nor close to any residences. We are an enclosed
building so noise is not a factor. Our entertainment will include musicians that sing and /or play an
instrument. We wish to offer soft Jazz and contemporary music for our setting. We request that we be
permitted to offer entertainment seven days a week and that the it be limited to not more than three
musicians. Several charity organizations and businesses have requested.to host small events because
of our sophisticated atmosphere and convenient location. The live music we envision would clearly
enhance the ambiance of our setting and appeal to our clientele. The parking has not caused any
undue stress or added congestion to the village or the immediate area because of our size and evening
hours. Customers find convenient parking in the Lido Marina Village parking structure and, via the
metered street parking. There is also a handi -cap parking space in the Village immediately adjacent
to our side main entrance on Via Oporto. There have been no instances nor reports of instances by our
local merchants, neighbors, police. or community-
The presence of our unique establishment has brought a new interest and new customers to the
Village and we are complimented daily on the appearance of the exterior and interior of our business
and the services and products we provide.
We request additional hours of operation: Friday and, Saturday evening closing at 12:00 mid-
night rather than our present 11:00 pm closing time. This new closing time is consistent with people's
desire to remain out a little' later on weekends, and is consistent with hours of-operation for establish-
ments such as this.
We are in the process of obtaining signatures /names kaddresses of localLmcidences and busi-
nesses that support our establishment and support this Use Permit application. (Attached is a copy of
the beginnings of this supporting document.)
We hope to obtain a space on the agenda for September 2002. Please advise us if this time
frame is not feasible.
n of our requests.
Attachments: City of Newport Beach Application and other attachments as stated above
'�5
EXHIBIT 5
APRIL 5, 2001 PLANNING COMMISSION
MINUTES AND CONDITIONS OF APPROVAL
�'1
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
PLANNING DEPARTMENT
(949) 644 -3210
NOTICE OF FINAL APPROVAL FILE G" P
DATE: May 11, 2001 IF
TO: Dennis and Christine Overstreet
FROM: Planning Director
SUBJECT: Use Permit No. 2001 -005
This is to confirm that Use Permit No. 2001 -005 was approved by the Planning Commission at its
meeting of April 5, 2001, and became effective on April 19, 2001. The final findings and
conditions of approvals are attached. Any deviation from them or the applications and plans
on file in the Planning Department may require an amendment to the application(s) mentioned
above for the project.
Applicant: Dennis and Christine Overstreet
Location: 3400 Via Lido
Description A Use Permit for a new alcoholic beverage license (Type 21, off -sale general) it
conjunction with a fine wine retail establishment. The applicant also proposes to
conduct periodic on -site wine tasting seminars in the evenings for approximately
30 people with a Type 42- alcohol license. The project requires the consideration
of a parking waiver.
Should you have any questions, please contact our office.
Very truly yours,
PLANNING DEPARTMENT
Patricia L. Temple, Director
Ging�-t Varin
Executive Secretary Planning Commission
Enclosure: Approved Planning Commission minutes with Final Findings and Conditions of
Approval
❑ Approved Council minutes with Final Findings and Conditions of Approval
❑ Approved minutes
cc: Property Owner (if not applicant)
3300 Newport Boulevard, Newport Beach
�Y
J
City of Newport Beach F I L E f p E
Planni ng Commission Minutes i
April 5, 2001 INDEX
SUBJECT: Dennis & Chris Overstreet
3400 Via Lido
PA2001.025(UP2001 -005)
A Use Permit for a new alcoholic beverage license (Type 21, off -sale general) in
conjunction with a fine wine retail establishment. The applicant also proposes
to conduct periodic on -site wine tasting seminars in the evenings for
approximately 30 people with a Type 42- alcohol license. The project requires
the consideration of a parking waiver:
Mr. James Campbell, Senior Planner, commented that the project is located at
the corner of Via Lido and Via Oporto and noted that the site has no parking and
they are relying on the Lido Marina Village Parking garage.. 'Mr. Campbell said
that project approval requires a parking waiver. Mr. Campbell presented to the
Commission a supplemental staff report because staff inadvertently put in the
incorrect crime statistics in the original staff report. The ABO ordinance requires us
to evaluate the alcohol beverage outlet pursuant to some factors including
crime statistics and over- concentration of liquor licenses in the area. Mr.
Campbell said that staff prepared the report using the 1999 statistics for the
Commission's consideration. The crime rates and concentrations are slightly
better than were in 1998 but that does not change the fact that this is an over -
concentrated area in terms of the number of licenses as well as the area has one
of the higher crime rates in the City.
Mr. Campbell said that the Via Lido parking garage inventory contained in the
staff report is an outdated version and the correct one is attached to the
supplemental staff report. Mr. Campbell said that the survey does not change
the fact the parking garage is over allocated during the daytime and during the
evening hours it is not and that this is something that should be considered.
Mr. Campbell said that staff wanted to discuss a minor condition change to
Condition No. 4 that referenced the wrong unit. It should be Unit B in Condition
No. 4.
Mr. Campbell referred to Condition No. 19 that relates to valet parking services
and said that it would imply that valet parking is required at all times. Mr.
Campbell explained that the valet item is on amenity that the applicant wants
to provide for the use for the educational and wine tasting sessions. Staff did not
look at the valet requirement as being a mandatory factor in the consideration
of the parking waiver. Staff wants to change the condition to if they provide
valet parking service it would be subject to the review of the Traffic Engineer in
the Public Works Department.
Mr. Campbell stated that staff recommends approval of the alcohol beverage
outlet and feel that the way the permit is structured and how the conditions link
these two operations together, it would not permit the use of these licenses by
almost anyone else unless they operated the same operation that the
Overstreets are proposing.
13
Item No. 5
PA2001.025
(UP2001 -005)
Approved
`r��i
City of Newport Beach
Planning Commission Minutes
April 5, 2001
Chairman Selich said that it appears the basis upon which they are granting the
parking waiver is the fact that they have an off -site parking management plan
and asked if the Commission approves this with that parking waiver and one of
the keys to it is the proposal to use 22 parking spaces in the garage, and the
reason we are not using our standard off -site agreement is because it cannot
meet the.criteria of our standard off -site agreement but since this is a part of a
parking management plan and we are waiving the parking based on that, if the
agreement with the parking garage ceases to exist, does that mean the
applicant has to come back to the Planning'Commission with another parking
solution? Mr. Campbell said that is correct, and that Condition No. 18 requires
that they provide 21 parking spaces in the Lido Marina Parking garage.
Chairman Selich said that as long as they are in compliance with the Parking
Management Plan, which controls the number of spaces they have, but if they
lose the spaces and they cannot continue to operate, they would have to come
back to the Planning Commission to seek relief from that or have the spaces or
cease operation one way or another. Staff responded yes.
Commissioner Gifford asked about the idea of how many uses occur
simultaneously. She said that her question has more to do with what the
definition of the site is because the wine tasting seminars are scheduled for
evenings and almost all of Lido Marina Village is shut down in the evening in
terms of the retail operations. Commissioner Gifford asked if "site' is not broad
enough to include all of the parking that is available? Is the site Lido Marina
Village or the building? Mr. Campbell said the site is the building. The use of the
parking garage and the use of the spaces that are in the Village area are a
factor that could be considered in the parking waiver. Mr. Campbell said that
most of the uses in the evening hours are closed and there is less parking demand
at that time. Commissioner Gifford noted that the other two uses operated at
similar hours of operation and asked what two uses are referred to specifically.
Mr. Campbell said that particular finding is setup for a larger site with multiple uses
that are not operating at the some time. In this particular case; the site is the
property, which are really the retail aspect as well as the wine tasting.
Commissioner Gifford said that it is not Lido Marina Village but that parcel of
property.
Commissioner Kiser asked if there were any telephone calls or written responses to
the Public Notice sent out by the City from anyone either objecting or supporting
the application. Mr. Campbell responded that he had not received any
telephone calls or letters from anyone. The applicant submitted a petition of
endorsement.
Commissioner Kiser referred to Condition No. 5 and asked how they differentiate
the proposed use from an eating and drinking establishment and the evening
use. How is this put in the non - eating and drinking establishment category? W.
Campbell referred to the floor plan, Suite A and Suite B. Suite A is the retail
portion and Suite B is the on -site consumption portion. Staff structured this permit
to authorize the retail sale of alcohol beverages and are indicating that the on-
ly
INDEX
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City of Newport Beach
Planning Commission Minutes
April 5, 2001
site wine tasting, which is in a separate suite, is accessory to that use. Therefore,
this use permit does not authorize an eating and drinking establishment. The on-
site consumption license is the some license you would have at a wine bar. With
this use permit, it is restricted as accessory to the retail use and you could not
operate a bar or anything other than accessory wine tasting. Commissioner Kiser
asked what is accessory to another use? If it turned out that this use of the wine
tasting ended up being 60 percent of the revenue of the business, would that
then make it less of an accessory use? Mr. Campbell commented that typically
accessory would be less than 50 percent. This particular retail establishment
would have to be limited to 20 percent pursuant to the definitions of the Zoning
Code, so they would fall below 20 percent. The on -site consumption aspect is
accessory but no more than 20 percent of the overall activity of the entire
operation. Ms. Wood noted that the Code definition of accessory use does not
have anything quantifiable in it. It means "a use that is appropriate, subordinate
and customarily incidental to the main use of the site, which is located on the
main site of the use."
Commissioner Agajanian asked what the hours of operation for the wine tasting
were. Mr. Campbell said it would be 1 p.m. to 11 p.m. Commissioner Agajonian
asked how Suite B could be incidental after 7 p.m. Mr. Campbell said they are
measuring it based on the overall use and it would average out over the entire
use of the facility. Commissioner Agajanian asked if during the hours that Suite B
is open, do the doors need to remain open to the public? Mr. Campbell
responded yes. Commissioner Agajanian asked if any adult could walk in, and
Mr. Campbell responded that they have to be 21 years old. Commissioner
Agajanian asked if they could sit down and order wine, and Mr. Campbell
responded yes. Commissioner Agajanian asked how that would differentiate an
eating and ddnklhg establishment from a bar?
Commissioner Kronzley said he would like to continue that line of thought and
wanted it understood that it was not specific to the Overstreets. In theory,
Thursday, Friday and Saturday nights you could walk into this establishment or any
subsequent establishment that falls under this use permit, purchase a glass of
wine, buy food because the applicant has suggested, in their letter, they will
have food that will include sandwiches, salads, etc. Commissioner Kranzley said
that, in Condition No. 5, the approval does not permit the premises to act as an
eating and drinking establishment, he does not understand that.
Commissioner Gifford asked to have the applicant clarify it for them. She said
when she read the condition it was her understanding that if you conducted
wine - tasting seminars, they would be ticketed events. The idea that the room
could be used from 1 p.m. to 11 p.m. would be that they could conduct seminars
on the weekends and tostings in the evenings.
Commissioner Gifford referred to a second optional finding they could make
about parking and relying on the Lido Marina Village parking garage and asked
about all the metered parking on the street that typically is not used at that hour
and is available. Is that because of a requirement to provide on -site parking?
15
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City of Newport Beach
Planning Commission Minutes
April 5, 2001
Mr. Campbell said yes. Commissioner Gifford referred to the closest Municipal
Parking Lot located at the comer of Villa Way and 301h Street and asked if there
was a public parking lot next to the Elks Club at the end of the street? Mr.
Edmonton responded there is but the City has entered into an agreement with
the Elks, which gives them the exclusive use of most of that lot from 6 p.m. to 6
a.m., seven days a week.
Commissioner Tucker referred to Condition 1, the second sentence and said he
was under the impression that the seminar room was going to be for wine tasting
as a lead in to the sales from the liquor store portion. He said he was confused
how this Condition ties in with the concern about it becoming a bar.
Public Hearing Opened
Chairman Selich asked the applicant to come forward and said the question is
how does the wine tasting operate subordinate to the retail portion of their
operation and what assurances do they hove that it will not become a bar,
either through the applicant or some other owner.
Dennis Overstreet, applicant, 128 Via Trieste. Mr. Overstreet commented that he
has run the Wine Merchant in Beverly Hills for three decades and that his
operation is unique in the fact that they have wine tasting on site in conjunction
with their retail sales. Mr. Overstreet said the ABC came up with the Type 42
license, which is primarily a wine- tasting license. Mr. Overstreet said that they
wanted their retail license to run at the same time as the on -sale license.
Christine Overstreet commented that she wanted to clarify that they understand
the concerns of an 11 p.m. hour. People who are drinking later in the evening
are more inebriated than those drinking earlier in the evening. Mrs_ Overstreet
said that their recommendation would be that, should the tasting room close at 8
p.m., three nights a week, that the retail part would have to close at the same
time since the conditional use permit is recommending that the two licenses work
hand in hand.
Mr. Overstreet commented that, in purchasing the property, it was his
understanding that they have a dedicated amount of spaces that are in the Lido
Parking Garage that went along with the purchase of the building. Mrs.
Overstreet said the agreement is through 2008 and that they also have an off -site
parking agreement with the City of Newport Beach that went into effect 1975
and it is still in effect. Mrs. Overstreet said that to make sure they had enough
parking, they went to California Parking Services, the management of the
parking structure for Lido Marina Village, and have come up with a contract that
would guarantee 22 spaces from 10 a.m. until closing. Mrs. Overstreet said in
reference to valet parking, they spoke with Mr. Edmonston, the Fire Marshall and
Mr. Campbell and it has been determined through the Lido Marina Village owner
that they could have space and have a valet parking situation.
Commissioner Tucker referred to Condition No. 3 and asked if the wine tasting
16
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City of Newport Beach
Planning Commission Minutes
April 5, 2001
would be open 7 days a week but the educational seminars would be up to 3
days per week? Mr. Overstreet said it would probably be a 5 to 6 day a week
type of operation.
Commissioner Tucker asked staff if they looked at what is involved in a Type 42
liquor license, the application form, and the restrictions the ABC has? Mr.
Campbell said that the Police Department would know better what the ABC
restrictions are.
Commissioner Tucker asked if Mr. Overstreet anticipates selling a glass of wine to
a person who happens on his premises at 9 p.m. on a Friday night who is
interested in drinking and not into wine tasting? Do you contemplate selling wine
by the glass in the tasting area? Mr. Overstreet responded yes they do, and they
have had 100 residents sign a petition endorsing they would like to see this type
of operation.
Commissioner McDaniel asked what is to keep someone from stumbling in and
getting three glasses of wine and hit the road again and what is the difference
between that and a bar? Mr. Overstreet responded that they are a fine wine
merchant and the standard for the products they carry is raised very high. Mr.
Overstreet said they own the property and have a vested interest.
Chairman Selich commented that they understand what the operation is and
what the clientele that he is trying to attract to his business. Commissioner
Agajanian asked how detrimental would it be to their operation if the Type 42
license operating hours was restricted to 9 p.m. instead of 1 1 p.m. Mr. Overstreet
responded that it would get a little oppressive for adults and noted that they
suggest their clientele have a meal before they go to a wine tasting.
Commissioner Agajanian asked if they were intending on offering any table
service in Suite B to the seats aside from the bar? Mr. Overstreet said probably
not. Chairman Selich asked if no table service would be an acceptable
condition on the use permit? Mr. Overstreet said yes.
Commissioner Kiser asked if they are assuming that the wine tasting serving sizes
will be typical of the serving sizes one would get in a restaurant if they were to
order a glass of wine? Or will they be more of a sample size with a few ounces of
wine? Mr. Overstreet responded it would probably be a sample size.
Commissioner Kiser asked if they would consider a normal retail price for the
samples or would he be giving away the samples? Mr. Overstreet said they
would have at least a retail plus mark -up price. Mrs. Overstreet said the idea is to
educate yourself without getting inebriated so you have 1/2 ounce to an ounce
of three wines. Commissioner Kiser suggested if they were able to lawfully restrict
that wine- tasting side of the shop to be served only in 1 ounce maximum servings,
would they have a problem with that? Commissioner Kiser asked if they were
talking about the classes only where they would receive the 3 ounces of wine?
Mrs. Overstreet said not necessarily, it runs the gamut.
Commissioner Gifford commented, in trying to structure something that did not
17
INDEX
:!3
City of Newport Beach
Planning Commission Minutes
April 5, 2001
detract from their business, but gives the Commission confidence that a different
operator who might come in the future, the permit would not have the latitude
to have a significantly different operation. Commissioner Gifford asked Mr.
Overstreet if he would have any objection to a condition that required that
service in the wine bar would be made in Riedel stemware. Mr. Overstreet said
no and would welcome that type of situation to ensure that wine appreciation is
taking place rather than just tourism going from winery to winery for consumption.
Mr, Overstreet also suggested a requirement is made that there is a minimum
$10.00 cover that could be applied towards purchase of wine from the retail
aspect.
Commissioner Gifford asked if they would consider a condition that they not
serve beer? Mr. Overstreet responded yes.
Commissioner Tucker said he would like to clarify Condition 18 concerning the
parking spaces, which is saying if they do not have a parking agreement at some
point, they do not have a use permit. In other words, if they have a month to
month parking agreement or one that expires in three or eight years, if they do
not come back to the Commission to get a replacement use permit agreed
upon, they will not have a use permit to operate. Mr. Overstreet said he
understood that.
Commissioner Tucker said he was not sure how he felt about requiring the
applicant to have a cover charge or the type of stemware as a condition.
Commissioner Gifford said that it is unusual to provide this as a condition, but the
Riedel stemware alone would take care of any concerns they might have of
what could happen in the future.
Commissioner Gifford noted with respect to the hour of closing and said it has
been her experience when a wine tasting event is over, people linger and talk
about what they might order and the idea of 1 I p.m, does not necessarily mean
that people will still be doing the tasting but it would seem like a reasonable hour.
Commissioner Gifford expressed that if they have some condition that locks
someone into a level of service that will require a certain pricing and not
become a neighborhood bar, that would serve their purpose.
Public Hearing Opened
Christina Grace of Lido Island said that she has been to the Overstreets Wine
Merchant in Beverly Hills and it is a lovely establishment. Ms. Grace supports it
and urged the City to support it because it is for the betterment of the
community.
David Roster encouraged everyone to see the Wine Merchant in Beverly Hills and
supports the applicant.
Diana Chaumis of Lido Isle supports the applicant and urged the City to keep the
sales tax in Newport Beach.
18
INDEX
iLti
City of Newport Beach
Planning Commission Minutes
April 5, 2001
Public Hearing Closed
Commissioner Tucker suggested that they come up with some type of resolution
and conditions that would allow this use to go forward. Commissioner Kranzley
expressed he felt the Overstreets would bring a quality to Lido Marina Village that
they need. Commissioner Kranzley said that he did not see anything in the
conditions that would - prohibit the next person who owns this establishment from
having an eating and drinking establishment. Mr. Campbell commented that he
mentioned earlier about a 20 percent limitation and that is a definition in the
Zoning Code for retail establishments for food and beverage sales for on -site
consumption for example in a grocery store you could have on -site consumption
as long as those transactions do not exceed 20 percent and they are not defined
as an eating and drinking establishment. Twenty percent limitation on
transactions is something that the Overstreets can and will comply with. If it were
to exceed 20 percent of their transactions, then they would be classified as an
eating and drinking establishment, which is not authorized by this use permit and
they could not become a bar. Commissioner Kranzley noted that it could
become a bar if were a very successful liquor store. Commissioner Kranzey
commented that his sympathy goes with the Overstreets because they
purchased a property at ground zero of alcohol related crimes in the City of
Newport Beach. Commissioner Kranzley stated that they do want to keep
revenues in the City of Newport Beach but the City spends a disproportionate
amount of the budget in trying to keep the peace in District No. 15 and that is the
problem in the Cannery Area and Lido Marina Village. Commissioner Kranzley
expressed regret that he could not support this project in this area.
Commissioner Kiser commented that the 20 percent limitation would naturally
have an effect on the amount of on premises consumption of wine because the
applicant would want and need to keep a close watch on what percentage
was going out in their gross receipts in the tasting versus the off -sale. That would
have a limiting effect on it that they would not be entertaining people coming in
off the street just for glass of wine.
Commissioner Agajanian asked if there was anybody who could speak to the
limitations to the Type 42 type of license. Mr. Campbell responded that he did
not see a representative from the Police Department and that he could not.
Chairman Selich asked Mr. & Mrs. Overstreet to give a brief summary of the
limitations on the Type 42 license. Mrs. Overstreet responded that, as for as she
knew, it is limited to wine and beer only. She said their use permit would not allow
beer, so it would be limited to wine only. Commissioner Agajanian asked how it
would differ from the bar down the street that wanted to sell beer and wine? Mr.
Overstreet commented that this goes back to 1973 when Type 42 was originally
thought up for wine stores to be able to have on -site wine tasting. But
unfortunately, the Legislature did not restrict it to say that the general public
could not come in and buy a glass of wine or beer. That was the whole concept
of this law originally. Mr. Overstreet said it is the same license that the wineries are
19
C
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City of Newport Beach
Planning Commission Minutes
Aoril S. 2001
using. Commissioner Agajonian asked how it differs from a regular beer and wine
license? Mr. Overstreet said that it does not.
Commissioner Tucker said he would defer to the Police Department, which does
not seem to believe that this particular use in this location will contribute to an
alcohol related problem in the area. Commissioner Tucker said he would be
supportive of this use in this location.
Commissioner Kiser said he would be concerned about the cover charge and
tying the applicant to a particular manufacturer that might become scarce or
go out of favor. Commissioner Kiser brought up the possible limitation of evening
hours of the on -site portion to bringing it back one hour to 10 p.m. so that it would
restrict the potential future operator from creating a bar.
Motion was made by Commissioner Kiser to approve Use Permit 2001 -005 with the
following revisions to the Conditions of Approval:
Commissioner Kranzley remarked that, after listening to the discussions of the
other Planning Commissioners, having reviewed his notes with regards to the
various limitations that have been placed and the additional limitations that
have been placed, and his desire to have high quality businesses on the
Peninsula, he was reversing what he said prior and will be supporting this motion.
Commissioner Agajanian commented that he was concerned whether the hours
are open to the general public or whether you can be operating that wine
tasting room and still have the doors closed to the public. Commissioner
Agajanian asked what the Type 42 license either allow or permit you to do?
Commissioner Agajanian said that he would support continuance on this project
because he is not prepared. There was no answer to Commissioner Agajanian's
question.
Commissioner Kranzley suggested adding a Condition where receipts are
reviewed annually by the City.
Substitute motion for Condition No. 34 was made by Commissioner Gifford that
would not require an annual audit of receipts and that the Condition would be
enforced by the factual observations by the Police Department or others in the
way of complaint, they would have the ability to audit and is consistent with
what they do with other businesses. Commissioner Kiser accepted the substitute
motion as an amendment to his motion.
Ayes:
McDaniel, Kiser, Selich, Gifford, Kranzley, Tucker
Noes:
None
Abstain:
Agajanian
Commissioner Kranzley req.
ted that, 1'
permit, staff to have either
n 7ucuTe
the Police Department press
ai'W!C1•1
next time they
the ABC permit
question.
20
have an alcohol
or someone from
INDEX
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City of Newport Beach
Planning Commission Minutes
April 5, 2001
INDEX
EXHIBIT NO.4
FINDINGS AND CONDITIONS OF APPROVAL FOR
PA2001- 025(UP2001 -005)
Findinas:
The Land Use Element of the General Plan designates the site for "Retail
and Service Commercial' use. Retail sales of alcoholic beverages and
accessory wine tasting and wine educational seminars is permitted use
within this commercial designation. The structure that the proposed use
will occupy is legal, nonconforming with respects to the maximum floor
area ratio. The proposed project does not increase the gross floor area of
the building. Therefore, the proposed project is consistent with the
General Plan Land Use Element and Local Coastal Program.
2. The project has been reviewed, and it has been determined that it is
categorically exempt under Class 1 (Existing Facilities) requirements of the
California Environmental Quality Act as it permits the continued
operation and minor alteration of existing facilities with negligible or no
expansion of use.
The proposed project is consistent with the purpose and intent of
Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) and will
not, under the circumstances of the case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons residing or
working in the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City and
is consistent with the legislative intent of Title 20 of this Code for the
following reasons:
a. The primary and principal function of the proposed alcoholic
beverage outlet is as a retail establishment for the sale of general
alcoholic beverages for off -site consumption. On -site consumption of
beer and vine is limited to wine tasting and shall be accessory and
subordinate to the principal retail use.
b. The primary retail use requires accessory wine tasting and wine
education seminars.
c. The accessory wine tasting may not be converted or otherwise
become a restaurant bar, tavern, cocktail lounge, and night club.
d. The hours of operation of the principal and accessory use is sufficiently
restricted to prevent negative effects of alcohol sales and service.
e. Conditions of approval have been included which should prevent
problems associated with the sale and service of alcoholic
beverages.
f. Off -site parking is available for the use within the Lido Marina Village
parking garage and the site is not authorized as an eating or drinking
IFE
Al
City of Newport Beach
Planning Commission Minutes
April 5, 2001
establishment as defined by the Zoning Code which could generate
increased parking demand.
g. No live entertainment is permitted and a special events permit is
required for any event outside the normal operating characteristics of
the proposed alcoholic beverage outlet.
4. The waiver of 21 parking spaces in this case will not, under the
circumstances of the case, be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in the
neighborhood or be detrimental or injurious to property or improvements in
the neighborhood or the general welfare of the City and is consistent with
the legislative intent of Title 20 of this Code for the following reasons:
a. The project includes a parking management plan that provides
22 parking spaces in the Lido Marina Village parking garage at all
time the use is open for business.
b. The project parking management plan includes the use of valet
parking for in conjunction with the Lido Marina Village parking
garage when the proposed educational seminars will occur.
C. The project is not authorized as an eating or drinking
establishment as defined by the Zoning Code which could
generate increased parking demand.
Conditions:
The alcoholic beverage outlet is hereby defined as a retail establishment
for the sale of general alcoholic beverages for off -site consumption as the
primary and principal use of the project site. On -site consumption of
alcoholic beverages shall be limited to beeF eRel wine shell be liMifed t9
wine tasting and shall be accessory and subordinate to the principal
retail use and sales shaft not exceed 20 percent of gross sales. The retail
use is prohibited from operation without the accessory wine tasting use.
2. The interior area authorized for on -site consumption of beer and wine in
conjunction with a Type 42 alcohol license shall be limited to 1,263 sq. ft.
as delineated on the approved floor plans as "Unit B:• The interior area
authorized for the retail sales for general alcoholic beverages for off -site
consumption in conjunction with a Type 21 alcohol license shall be
limited to 1,328 sq. ft. as delineated on the approved floor plans as "Unit
A. • The development shall be in compliance with the approved floor
plans dated April 5, 2001. Substantial changes to the floor plans shall
require prior approval by the Planning Commission. Any increase in area
of either Unit A or Unit B shall be seems deemed substantial for the
purposes of requiring review by the Planning Commission.
3. The hours of operation shall be limited to 10:00AM to 7;00RA4 I I:OOPM
daily for the retail portion of the project and 1:00PM to 1 1:OOPM daily for
the wine tasting and wine educational activities. Organized
22
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City of Newport Beach
Planning Commission Minutes
April 5, 2001
educational seminars shall not be conducted more than 3 days per
week and wine tasting, open to the general public may occur, any day
during authorized hours.
4. The service for on -site consumption of beer and wine of shall be restricted
to the interior of Unit A B as identified in Condition No. 2, unless approved
by the Planning Commission, Police Department and the California Board
of Alcoholic Beverage Control.
5. Approval does not permit the premises to operate as an eating and
drinking establishment, restaurant, bar, tavern, cocktail lounge or night
club as defined by the Municipal Code, unless the Planning Commission
first approves a Use Permit.
6. The sale of distilled spirits shall not exceed 15% of gross receipts of all off -
site alcohol sales. The applicant or operator shall maintain adequate
records to determine compliance with this condition and shall provide
the city said records when requested.
7. Alcoholic beverage sales from drive -up or walk -up service windows shall
be prohibited.
8. The alcoholic beverage outlet operator shall take reasonable steps to
discourage and correct objectionable conditions that constitute a
nuisance in parking areas, sidewalks and areas surrounding the alcoholic
beverage outlet and adjacent properties during business hours, if directly
related to the patrons of the subject alcoholic beverage outlet. If the
operator fails to discourage or correct nuisances, the Planning
Commission may review, modify or revoke this use permit in accordance
with Chapter 20.96 of the Zoning Code.
7. The exterior of the alcoholic beverage outlet shall be maintained free of
litter and graffiti at all times. The owner or operator shall provide for daily
removal of trash, litter debris and graffiti from the premises and on all
abutting sidewalks within 20 feet of the premises.
10. All owners, managers and employees selling alcoholic beverages shall
undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. To qualify
to meet the requirements of this section a certified program must meet
the standards of the California Coordinating Council on Responsible
Beverage Service or other certifying /licensing body, which the State may
designate. The establishment shall comply with the requirements of these
conditions within 180 days of the effective date of this Use Permit.
11. Records of each owner's, manager's and employee's successful
completion of the required certified training program shall be maintained
on the premises and shall be presented upon request by a representative
23
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City of Newport Beach
Planning Commission Minutes
April 5, 2001 INDEX
of the City of Newport Beach.
12. Loitering, open container, and other signs specified by the Alcoholic
Beverage Control Act shall be posted as required by the ABC.
13. This Use Permit for an alcoholic beverage outlet granted in accordance
with the terms of this chapter (Chapter 20.89 of the Newport Beach
Municipal Code) shall expire within 12 months from the date of approval
unless a license has been issued or transferred by the California State
Department of Alcoholic Beverage Control prior to the expiration date.
14. A special events permit is required for any event or promotional activity
outside the normal operational characteristics of this retail business that
would increase the expected occupancy beyond 29 patrons and 6
employees at any one time or any other activities as specified in the
Newport Beach Municipal Code to require such special events permit.
15. This use permit may be reviewed, modified or revoked by the Planning
Commission or City Council should they determine that the proposed
uses or conditions under which it is being operated or maintained is
detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
16. The applicant shall comply with all federal, state, and local laws.
Material violation of any of those laws in connection with the use may
be cause for revocation of this permit.
17. Should this business or either alcohol license be sold or otherwise come
under different ownership or control, any future owners, operators or
ossignees shall be notified of the conditions of this approval by either the
current owner /operator. Future owners, operators or assignees shall
submit, within 30 days of transfer or sale of the business or alcohol license,
a letter to the Planning Department acknowledging their receipt and
acceptance of the limitations, restrictions and conditions of approval of
this Use Permit.
18. The owner /operator of the proposed use shall enter into an agreement
to provide and maintain a minimum of 21 parking spaces within the Lido
Marina Village Parking garage to be accessible at all times during the
operation of the use.
19. The applicant or operator of, the facility she4 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 PPublie
` "' '' s DePGO A City Traffic Engineer prior to the commencement of
24
5 a
City of Newport Beach
Planning Commission Minutes
April 5, 2001
the valet service use.
INDEX
20. Delivery vehicles shall not park within the public right -of -way of Via Lido
and Via Oporto.
21. Trash receptacles for patrons shall be conveniently located both inside
and outside the proposed facility.
22. Trash generated by the business be screened from view from adjoining
properties except when placed for pick -ups by refuse collection
agencies.
23. No outdoor loudspeaker or paging system shall be permitted in
conjunction with the operation.
24. No live entertainment or dancing shall be permitted in conjunction with
the permitted use.
25. All signs shall conform to the provisions of Chapter 20.67 of the Municipal
Code.
26. No temporary "sandwich" signs or similar temporary signs shall be
permitted, either on -site or off -site, to advertise the restaurant.
27. The project shall comply with State Disabled Access requirements.
28. A handicapped assessable public restrooms are required. The restrooms
must be in compliance with the Uniform Plumbing Code and all
applicable Uniform Building Code requirements.
29. Health Deportment approval is required before issuance of a building
permit.
30. Where grease may be introduced into the drainage systems, grease
interceptors shall be installed on all fixtures as required by the Uniform
Plumbing Code, unless otherwise approved by the Building Department
and the Utilities Department.
31. The facility and related off - street parking shall conform to the
requirements of the Uniform Building Code.
32. Upon evidence that noise generated by the project exceeds the noise
standards established by Chapter 20.26 (Community Noise Control) of
the Municipal Code, the Planning Director may require that the
applicant or successor retain a qualified engineer specializing in
noise /acoustics to monitor the sound generated by the restaurant
facility to develop a set of corrective measures necessary in order to
25
5t
EXHIBIT 6
POLICE DEPARTMENT REPORT
53
NEWPORT BEACH POLICE DEPARTMENT
870 Santa Barbara, P.O. Box 7000. Newport Beach, CA 92658 -7000 BOB MCDONEL
Chief of Police
October 15, 2002
TO: Bill Cunningham, Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Overstreets at the Wine Merchant
At your request, our office has examined the project review request for Overstreets at the
Wine Merchant retail location located at 3400 Via Lido, Newport Beach. The applicant
is requesting to upgrade the existing Use Permit to: 1) expand the ABC license to full
alcoholic beverage on sale (Type 47), 2) allow daily live entertainment, and 3) expand the
hours of operation from I 1 pm to 12 midnight on Fridays and Saturdays. A light gourmet
menu will be provided (i.e. chicken breast entrees, muscles, cheese, cracker, etc.). Mrs.
Overstreet provided the following details concerning the planned operations. While the
main feature is a wine bar, they want to encourage business and maximize customer
satisfaction by adding full alcoholic beverage service. For the same reasons, they are
seeking to add daily live entertainment (maximum of three musicians), offering "soft jazz
and contemporary music." Mrs. Overstreets added that charity organizations and
businesses have requested to host small events at the location. No new construction
(interior or exterior) is planned. The occupancy limit of 29 will remain the same.
The changes in operational characteristics proposed by the applicant are significant. The
existing location does not have a kitchen (there is a "hot plate" and small refrigerator,
etc.). The proposal to provide full alcoholic beverage service could arguably make the
business more like a bar /cocktail lounge and less like a restaurant that provides alcoholic
beverages in conjunction with food service. The addition 'of live entertainment with
expanded hours is consistent with cabaret/nightclub operational characteristics. Based on
our experiences with similar business models, such enhanced uses can create a situation
where we can likely anticipate an increase in police related activities linked to the
proposed business operation.
While we have no serious concerns with the current operation, we believe there is a
greater policy /land use issue involved in the approval process for intensifying the alcohol
usage in this area of the community. As a result, it is difficult for the Police Department
to endorse the proposed intensified use permit modification, especially considering the
existing concentration of ABC licenses in the area. Accordingly, we believe the decision
more appropriately should be left to the Planning Commission and/or City Council based
on the said impacts.
If the modification is approved, we recommend- in addition to those conditions currently
in place- developing conditions to address the issues as listed below. The proposed
changes will also require modifications to the ABC license. Upon application to the
Office of the Chief (949) 644 -3701 / Administration (949) 644 -3654 / Patrol- Traffic (949) 644 -3742 1 Detectives (949) 644 -3790 5A
Department of Alcohol Beverage Control, our department will recommend conditions as
necessary to maintain the health, safety and welfare of the community.
For police services information refer to the attached report by Crime Analyst Paul
Salenko.
Signs and Displays:
Mrs. Overstreet stated the signs for the location will be "elegant and understated" and
designed to comply with city conditions as to sign type, size and location.
Hours of Operation:
According to Mrs. Overstreet, the operating hours will be between 10:00 A.M. to 11:00
P.M. Friday and Saturday 10:00 A.M. to 12:00 Midnight for both the retail and on -sale
operations.
Preventive Design:
The Police Department has no recommendations.
Securitv:
The Police Department has no additional recommendations.
Emplovee Training:
Require all owners, managers and employees serving and /or selling alcoholic beverages
to undergo and successfully complete a certified training program in responsible methods
and skills for serving and selling alcoholic beverages.
Additional Comments:
None
CSO Susan Seviane
Vice and Intelligence Unit
City of Newport Beach
Police Department
Memorandum
October 8, 2002
TO: Bill Cunningham, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Overstreet`s Wine
Merchant and Wine Bar at 3400 Via Lido. This area encompasses our reporting district (RD)
number 15 as well as part of Census Tract 635. This report reflects City of Newport Beach
data for calendar year 2001, which is the most current data available.
Calls for Service Information
City wide there were 55,291 calls for police services during this time, of which 5,658 were in
RD 15. At "call for service" is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,955 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,852 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
4,103 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,770.24 per 100,000 people. The national Part One crime rate was 4,124.0 per
100,000 people.
Crimes
RD 15
Newport Beach
California*
National*
Part 1
367
2,852
1,266,714
11,605,751
Part 2
912
4,103
N/A
N/A
Part 1Crime Rate
12,981.96
3,770.24
3,739.7
4,124.0
The number of active ABC licenses in this RD is 70 **
This reporting district had a total of 1,279 reported crimes as compared to a City wide
reporting district average of 211 reported crimes. This reporting district is 1,068 crimes or
506.86% above the City wide reporting district average. This location is within an area where
the number of crimes is at least 75% higher than the average of all reporting districts in the
City as outlined in the City Council "K -7" policy.
5('
Arrest Information
There were 137 DUI arrests and 476 Plain Drunk arrests in this area during this same period
as compared to 1,769 for the entire city. This RD amounts to 34.81 % of the DUI /Drunk
arrests made in the entire City. According to a recent national study by the Department of
Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at
the time of their arrest.
Arrests RD 15 Newport Beach
(DUI /Drunk) 613 1,769
All Arrests 892 3,629
California* National*
N/A N/A
1,408,904 9,123,428
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 16 and RD 13.
Crimes
RD 16
RD 13
Part 1
178
101
Part 2
424
161
Crime Rate
6,747.54
5,528.19
Arrests (DUI/Drunk)
221
58
All Arrests
354
114
Calls For Service
3,564
2,132
Number of active ABC licenses
5 **
5 **
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 75,645.
*These numbers are from the 2000 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document.
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
5-1
I
EXHIBIT 7
PROJECT PLANS
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