HomeMy WebLinkAbout2008-88 - Sejour European BistroRESOLUTION NO. 2008 -88
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DENYING THE APPEAL AND UPHOLDING
AND MODIFYING THE DECISION OF THE PLANNING
COMMISSION TO AMEND USE PERMIT NO. 2001 -005 AND
RESCIND USE PERMIT NO. 2002 -034 (SEJOUR EUROPEAN
BISTRO & LOUNGE) ON PROPERTY LOCATED 3400 VIA LIDO
(PA2002 -167)
WHEREAS, Sejour European Bistro & Lounge ( "Sejour') is located at the
northwest comer of Via Lido and Via Oporto and legally described as Lot 2 of Tract
1235; and
WHEREAS, on April 5, 2001, the Planning Commission approved Use
Permit No. 2001 -005 to allow a retail wine establishment to operate with a Type
"21" Alcohol Beverage Control (ABC) license (Off -Sale, General) and Type "42"
ABC license (On -Sale Beer and Wine, Public Premises) with periodic on -site wine
tasting seminars and a parking waiver; and
WHEREAS, on November 7, 2002, the Planning Commission adopted
Resolution No. 1579 of Use Permit No. 2002 -034, amending conditions of approval
of Use Permit No. 2001 -005, authorizing a Type "47" ABC license (On -Sale,
General- Eating Place) for on -site consumption of general alcohol beverages, live
entertainment and expansion of hours of operation; and
WHEREAS, pursuant to Section 20.96.040 of the City of Newport Beach
Municipal Code, the Planning Director determined that there were reasonable
grounds for the revocation of Use Permit No. 2001 -005 and Use Permit No. 2002-
034 and set a public hearing so that the Planning Commission could set a date to
consider the revocation of Use Permit Nos. 2001 -005 and 2002 -034; and.
WHEREAS, after giving proper notice in accordance with law, a public
hearing was held on January 17, 2008, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. The Planning Commission
unanimously voted to set a revocation hearing for Use Permit No. 2001 -005 and
Use Permit No. 2002 -034 on March 20, 2008; and
WHEREAS, on March 20, 2008, the Planning Commission continued the
revocation hearing to April 17, 2008, at the request of the property owner; and
WHEREAS, on April 17, 2008, after the Planning Commission commenced
the revocation hearing and received public testimony, the Planning Commission
directed staff to draft a list of conditions of approval that reflect the following
considerations:
■ Reduction of the hours of operation to require the closure at 11:00 p.m.;
■ Re- establishment of the retail sales use with wine tasting and educational
seminars as an ancillary use;
■ Removal of the existing physical improvements not consistent with
operational requirements for an off-site retail sale outlet with wine tasting
as ancillary use; and,
■ Elimination of Type 47 ABC license.
WHEREAS, on June 5, 2008, the Planning Commission continued the
revocation hearing to July 17, 2008, in order to give the property owner additional
time to file a new use permit for the operation of a full - service eating and drinking
establishment with a retail sales component at the subject property. The property
owner was required to submit the use permit application to the Planning
Department by June 30, 2008. If a new application was not received by June 30,
2008, the Planning Commission intended to resume the revocation hearing on
July 17, 2008, with the intent of modifying the conditions of approval to allow the
use to be re- established as it was originally intended, specifically an off -sale retail
wine store with wine tasting as an ancillary use; and
WHEREAS, on June 30, 2008, the property owner had entered into
negotiations to lease the property to HOM Real Estate Group of Newport Beach
for an office use and would not be submitting a new use permit; and
WHEREAS, the property owner failed to submit the use permit application
by June 30, 2008, and the Planning Commission resumed the revocation hearing
on July 17, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, Califomia. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting; and
WHEREAS, it was the intent of the Planning Commission to bring the
operation of the establishment into conformity with the original project approval, as
retail sales use with wine tasting and educational seminars as an ancillary use. As
a result, the findings stated for the approval of Use Permit No. 2001 -005 remain
valid and were readopted, in addition to the findings of fact stated in Exhibit "A" of
the Planning Commission Resolution No. 1762; and
WHEREAS, on July 29, 2008, Dennis and Christine Overstreet, the
property owners, filed an appeal of the Planning Commission's decision; and
WHEREAS, on October 14, 2008, the City Council held a noticed public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport
Beach, California at which time the appeal was considered; and
WHEREAS, after the City Council commenced the appeal hearing and
received public testimony, the City Council closed the public hearing and
continued the decision to October 28, 2008, with direction to staff to amend
Condition Nos. 3, 7, 8, 9 & 13 of the Planning Commission Resolution No. 1762,
to reflect the following considerations:
• To allow seating in the wine tasting bar of the establishment;
• To allow limited appetizers to be served in conjunction with wine tasting
and wine educational seminars;
• To extend the hours of operation to 12:OOAM midnight on weekend
(Friday, Saturday and Sunday);
• To eliminate the "cold kitchen" restriction and
• To allow non - amplified music from a single instrument.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Newport Beach hereby denies the appeal and upholds the findings adopted by
the Planning Commission in Resolution No. 1762, modifies the decision of the
Planning Commission by adopting the conditions of approval stated in Exhibit "A ",
and rescinds Use Permit No. 2002 -034 that permitted the sale of distilled spirits for
on -site consumption, live entertainment and expanded hours of operation.
This resolution shall take effect immediately upon adoption. Passed and adopted by
the City Council of Newport Beach at a regular riveting held on the October 28,
2008 by the following vote to wit: /
ATTEST:
MAYOR
r4aJOINI,WAZ I _��
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The alcoholic beverage outlet is hereby defined as a retail establishment for
the sale of general alcoholic beverages for off -site consumption as the
primary and principal use of the subject property per the Type 21 ABC
license. The on -site consumption of alcoholic beverages shall be limited to
Wine or beer tasting under the Type 42 ABC license and in conjunction with
the retail sales of wine and beer under the Type 21 ABC license and shall
be confined to Unit A2. The serving of distilled beverages is prohibited.
2. The primary and principal use of the establishment shall be retail sales in
Unit Al and ancillary use of wine tasting and wine educational seminars with
related casual seating in Unit A2. Dining tables and chairs shall be
prohibited in both areas.
3. Wine tasting shall be defined and limited to the presentation of samples of
one or more wines, representing one or more wineries or industry labels,
to a group of consumers for the purpose of acquainting the tasters with the
characteristics of the wine or wines tasted.
4. Each tasting shall be done per the Department of Alcohol Beverage
Control regulations for wine tasting.
5. Wine tasting fees required by the Department of Alcohol Beverage Control
shall not exceed the gross retail sales under the Type 21 ABC license
during the same period. The licensee shall maintain records that reflect
separately the gross retail sales and the gross wine tasting sales. Said
records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Planning Department on demand.
6. In addition to wine tasting, the licensee /business operator may provide a
small quantity of limited range of appetizers in conjunction with and during
a wine tasting.
7. The hours of operation shall be limited to 9:OOAM to 11:OOPM daily, and
12:OOAM midnight on weekends (Friday, Saturday and Sunday).
8. Approval does not permit the premises to operate as an eating and
drinking establishment, restaurant, bar, tavern, cocktail lounge or night
club as defined by the Municipal Code, nor maintain and operate as a
bona fide eating place as defined by the Department of Alcohol Beverage
Control.
9. A special events permit is required for any event or promotional activity
outside the normal operational characteristics of this approval that would
increase the expected occupancy beyond 29 patrons and 6 employees at
any one time, including any other activities requiring such special events
permit as set forth in the Newport Beach Municipal Code. A maximum of 6
events may be permitted annually.
10. No outdoor loudspeaker or paging system shall be permitted in conjunction
with either the retail sale or wine tasting /educational seminars.
11. No dancing shall be permitted. Non - amplified music in the form of a single
instrument "e.g., piano' may be allowed on weekends (Friday, Saturday and
Sunday), subject to the approval of a Live Entertainment Permit. Music shall
be limited to indoor areas only.
12. 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.
13. This approval supersedes and rescinds Use Permit No. 2002 -034
14. 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.
15. 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.
16. All owners, managers and employees serving or selling alcoholic beverages
shall undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. To qualify to
meet the requirements of this section a certified program must meet the
standards of the California Coordinating Council on Responsible Beverage
Service or other certifying/licensing body, which the State may designate.
The establishment shall comply with the requirements of these conditions
within 180 days of the effective date of this Use Permit.
17. Records of each owners, 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.
18. Loitering, open container, and other signs specified by the Alcoholic
Beverage Control Act shall be posted as required by the ABC.
19. This use permit may be reviewed, modified or revoked by the Planning
Commission or City Council should it be determined that the conditions of
the use permit have been violated or that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public
health, welfare or materially injurious to property or improvements in the
vicinity or if the property is operated or maintained so as to constitute a
public nuisance.
20. 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.
21. Should this business or either alcohol license be sold or otherwise come
under different ownership or control, any future owners, operators or
assignees shall be notified in writing of the conditions of this approval by
either the current business owner /operator. Future owners, operators or
assignees shall submit, within 30 days of transfer or sale of the business
or alcohol license, a letter to the Planning Department acknowledging their
receipt and acceptance of the limitations, restrictions and conditions of
approval of this Use Permit.
22. Any changes in operational characteristics, hours of operations, expansion
in area, or modification to the floor plan, shall require an amendment to
this Use Permit or the processing of a new Use Permit.
23. This approval was based on the particulars of the individual case and does
not in and of itself or in combination with other approvals in the vicinity or
Citywide constitute a precedent for future approvals or decisions.
24. The applicant or operator of the facility may provide valet attendant service
for the use in conjunction with the Lido Marina Village parking garage. The
applicant or operator shall prepare a valet operated parking plan to be
reviewed and approved by the City Traffic Engineer prior to the
commencement of the valet service use.
25. Delivery vehicles shall not park within the public right -of -way of Via Lido and
Via Oporto.
26. Trash receptacles for patrons shall be conveniently located both inside and
outside the proposed facility.
27. Trash generated by the business shall be screened from view from adjoining
properties except when placed for pick -up by refuse collection agencies.
28. All signs shall conform to the provisions of Chapter 20.67 of the Municipal
Code.
29. No temporary "sandwich" signs or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the establishment.
30. The applicant is required to obtain all applicable permits from the City
Building and Fire Departments. The construction plans must comply with the
most recent, City- adopted version of the California Building Code. Adequate
access and exiting must be provided in accordance with the Building Code.
31. The operator of the facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the proposed use
shall comply with the provisions of Chapter 10.26 of the Newport Beach
Municipal Code.
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 establishment to develop a set of
corrective measures necessary in order to insure compliance.
33. This approval shall expire unless exercised within twelve (12) months from
the end of the appeal period as specified in Section 20.89.060 of the
Newport Beach Municipal Code.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2008 -88 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
28th day of October 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: Henn
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of October 2008.
(Seal)
I
City Clerk
Newport Beach, California