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HomeMy WebLinkAbout04 - Sejour European Bistro & Lounge AppealCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 October 28, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: Sejour European Bistro & Lounge Appeal Revocation of Use Permit Nos. 2001 -005 & 2002 -034 (PA2002 -167) 3400 Via Lido APPELLANT: Dennis & Christine Overstreet On October 14, 2008, the City Council considered the appeal filed by the property owner of the decision of the Planning Commission amending Use Permit No. 2001 -2005 and rescinding Use Permit No. 2002 -034 for a retail wine establishment. After receiving public testimony, the City Council continued the hearing to October 28, 2008; and directed staff to revise or delete certain of the conditions of approval contained in Planning Commission Resolution No. 1762 as follows: • Amend Condition #2 to reflect the primary and principal use of the establishment: as retail sales in Unit Al and wine tasting and education seminars in Unit A2. Dining tables and chairs shall be prohibited in both areas; • Delete Condition 3 to allow seating at the wine tasting bar; • Amend Condition 7 to allow limited appetizers to be served in conjunction with wine tasting and wine educational seminars; • Amend Condition 8 to extend the hours of operation to 12:OOAM midnight on weekends (Friday, Saturday, and Sunday); • Delete Condition 9 to eliminate the "cold kitchen" restriction; and • Amend Condition 13 to allow non - amplified music. The above changes along with the remaining conditions of the Planning Commission Resolution No. 1762 have been incorporated into the attached draft resolution (Attachment A) for the Council to consider and adopt. Prepared by: R salinh M. Ung ociate Planner Submitted by: David Lepo Planning Direc r Attachments: A. Draft City Council Resolution B. Planning Commission Resolution No. 1762 ATTACHMENT NO. A DRAFT CITY COUNCIL RESOLUTION RESOLUTION NO. 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: W Page 2 of 7 ■ 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 M Page 3 of 7 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 `bold 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 meeting held on the October 14, 2008 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 5 Page 4 of 7 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 per the Type 42 ABC license and shall be confined to the wine tasting bar. The serving of distilled beverages is prohibited. 2. The primary and principal use of the establishment shall be retail sales 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. The existing floor plan shall be Fe sed to 4. Wine tasting shall be defined and limited to the presentation of samples of one or more wines, representing one or more wineries or industry labels, to a group of consumers for the purpose of acquainting the tasters with the characteristics of the wine or wines tasted. 5. Each tasting shall be limited per the Department of Alcohol Beverage Control. 6. Wine tasting fees required by the Department of Alcohol Beverage Control shall not exceed 10 percent of the gross retail sales during the same period. The licensee shall maintain records that reflect separately the gross retail sales and the gross wine tasting sales. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 7. In addition to wine tasting, the licensee/business operator may provide a small amounts f quantity of limited range of appetizers in conjunction with and during a wine tasting. h•°°^' °•°°k°•° °h°°^°° samples of wine dWing a wine tasting. No s i - lign ef 1b9d 9 rgeals (otheF than Fninimurn assoGiated with wine sampling s unh as small 8. The hours of operation shall be limited to 9:OOAM to 11:OOPM daily, and 12:OOAM midnight on weekends (Friday, Saturday and Sunday). Page 5 of 7 •i �. 10. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, nor maintain and operate as a bona fide eating place as defined by the Department of Alcohol Beverage Control. 11. A special events permit is required for any event or promotional activity outside the normal operational characteristics of this approval that would increase the expected occupancy beyond 29 patrons and 6 employees at any one time, including any other activities requiring such special events permit as set forth in the Newport Beach Municipal Code. A maximum of 6 events may be permitted annually. 12. No outdoor loudspeaker or paging system shall be permitted in conjunction with either the retail sale or wine tasting /educational seminars. 13. No love enterta'nFrien ^- 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. 14. 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. 15. This approval supersedes and rescinds Use Permit No. 2002 -034 16. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this use permit in accordance with Chapter 20.96 of the Zoning Code. 17. The exterior of the alcoholic beverage outlet shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. All owners, managers and employees serving or selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. To qualify to Page 6of7 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. 19. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 20. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 21. This use permit may be reviewed, modified or revoked by the Planning Commission or City Council should it be determined that the conditions of the use pen-nit have been violated or that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 22. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this permit. 23. Should this business or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified in writing of the conditions of this approval by either the current business owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Pen-nit. 24. Any changes in operational characteristics, hours of operations, expansion in area, or modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Pen-nit. 25. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 26. The applicant or operator of the facility may provide valet attendant service for the use in conjunction with the Lido Marina Village parking garage. The applicant or operator shall prepare a valet operated parking plan to be reviewed and approved by the City Traffic Engineer prior to the commencement of the valet service use. �4 Page 7 of 7 27. Delivery vehicles shall not park within the public right -of -way of Via Lido and Via Oporto. 28. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 29. Trash generated by the business shall be screened from view from adjoining properties except when placed for pick -up by refuse collection agencies. 30. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 31. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment. 32. The applicant is required to obtain all applicable pen-nits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. Adequate access and exiting must be provided in accordance with the Building Code. 33. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 34. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the establishment to develop a set of corrective measures necessary in order to insure compliance. 35. 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. M ATTACHMENT NO. B PLANNING COMMISSION RESOLUTION NO. 1762 lo RESOLUTION NO. 1762 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH AMENDING USE PERMIT NO. 2001 -006 & RESCINDING USE PERMIT NO. 2002 -034 (SEJOUR EUROPEAN BISTRO & LOUNGE) ON PROPERTY LOCATED 3400 VIA.LIDO (PA2002 -167) THE PLANNING COMMISSION FOR THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, Sejour European Bistro & Lounge ( "Sejour") is located at the northwest 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.; • Reestablishment of the retail sales use with wine tasting and educational seminars as an ancillary use; City of Newport Beach Planning Commission Resolution No. _ Page 2 of 14 ■ Removal of the existing physical improvements not consistent with operational requirements for an off -site retail sale outlet with wine tasting as ancillary use; and, ■ Elimination of Type 47 ABC license. WHEREAS, on June 5, 2008, the Planning Commission continued the revocation hearing to July 17, 2008, in order to give the property owner additional time to file a new use permit for the operation of a full - service eating and drinking establishment with a retail sale component at the subject property. The property owner was required to submit the use permit application to the Planning Department by June 30, 2008. If a new application was not received by June 30, 2008, the Planning Commission intended to resume the revocation hearing on July 17, 2008, with the intent of modifying the conditions of approval to allow the use to be reestablished as was originally intended; specifically, an off -sale retail wine store with wine tasting as an ancillary use; and WHEREAS, on June 30, 2008, the property owner announced that they have entered into negotiations to lease the property to HOM Real Estate Group of Newport Beach for an office use and will not be submitting a new use permit.; and WHEREAS, the property owner failed to submit the use permit application by June 30, 2008, and the Planning Commission resumed the revocation hearing on July 17, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, it is the intent of the Planning Commission to bring the operation of the establishment into conformity with the original project approval, as retail sales use with wine tasting and educational seminars as an ancillary use. As a result, the findings stated for the approval of Use Permit No. 2001 -005 remain valid and are hereby readopted, in addition to the findings of fact stated in Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby amends Use Permit No. 2001 -005 by incorporating the conditions of approval in Exhibit "B" and rescinding Use Permit No. 2002 -034 that permitted the sale of distilled spirits for on -site consumption, live entertainment and expanded hours of operation. Section 2. This action shall be become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. ,a City of Newport Beach Planning Commission Resolution No. _ Page 3 of 14 PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JULY 2008 AYES: Eaton, Hawkins, Peotter and McDaniel ABSTAIN: Unsworth NOES: None ABSENT: Toerge and Hillgren Scott Peotter, Chairman l BY: Barry E o , Secretary 4 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 14 EXHIBIT "A" FINDINGS OF FACT FOR AMENDMENT TO USE PERMIT NO. 2001 -005 Having heard the evidence presented by the staff, owner and others, and having fully considered the evidence and the argument of the parties and their counsel, the Planning Commission does hereby find and determine as follows: That the following terms or conditions of approval stated in the Planning Commission Resolution No. 1579, an amendment to Use Permit No. 2001 -005, have been violated or other laws or regulations have been violated: 1. CONDITION NO. 1 The development was not operated in substantial conformance with the approved plot plan, floor plan and elevations dated January 22, 2001. This condition was violated on the following occasions as documented by the following: Ex 6 — 4/15/07 Doug Jones memo Ex 7 — 4/20/07 Supplemental police report DR 07 -03722 4/19/07 Follow -up police report Ex 8 — 4/28/07 Doug Jones memo Ex 9 — 5/01/07 Admin cite Ex 14 — 5/26/07 Admin cite Ex 5 — Floor plan showing Unit Al and A2 Ex 6 — 4/19/07 Follow -up police report Ex 14 — 5/26/07 Unit Al bottle service Ex 15 — 11/13/07 booth with alcohol consumption Al (dancing) �` r City of Newport Beach Planning Commission Resolution No. _ Page 5 of 14 2. CONDITION NO.4 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. The Overstreets submitted declarations that they submitted a copy of the Use Permit to Stockton as part of the sale transaction. (Declaration of Dennis Overstreet) "Sejour LLC" in its submittal to the Planning Commission (not signed by anyone) vaguely states it was misinformed about the conditions. The condition was violated in that a letter was never submitted acknowledging receipt and acceptance of the conditions. The Lease stated that a bar use was permitted. 4. CONDITION NO.5 The applicant shall comply with all federal, state, and local laws. This condition was violated on the following occasion as documented by the following: Ex 17 — Occ. Exceeded, 11/28/07 NBPD report (120 not 99) ABC requirements Ex 22 (ABC License) — hours, dancing Exs 6, 15, 17 — no dancing Blocking sidewalk (NBMC 10.50.020) Ex 6 — 4/15/07 Jones memo Ex 14 — 5/26/07 Admin cite 11681 2 citations not appealed Ex 9 — 5/01/07 Admin cite 0395 Ex 14 — 5/26/07 Admin cite 11681 l City of Newport Beach Planning Commission Resolution No. _ Page 6 of 14 5. CONDITION NO. 11 The sale of distilled spirits for off -site consumption shall not exceed 15% of gross receipts of all off -site alcohol sales. The sale of distilled spirits for on -site consumption shall not exceed 10% of the total sales for on -site consumption of all alcoholic beverages. This condition was violated as proven by the following (and there is no evidence that the business was ever in compliance with this condition): City proof /assertions Ex 10 — 5/04/07 Letter from Lepo asking for gross receipts for alcohol sales Ex 16 — 11/13/07 Request for sales records Ex 12 — 5/10/07 — Stocktons write liquor constitutes 17% of sales Stocktons (Sejour) contend need different ratios to be able to comply 6. CONDITION NO. 13 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. In City of Newport Beach Planning Commission Resolution No. _ Page 7 of 14 This condition was proven to have been violated by the following: Ex 7 — 4/21/07 NBPD DR 07 -3722 — "full bar" in operation with restaurant menu, bottle service Ex 14 — 5/26/07 Ad min cite — private party Ex 6 — 4/20/07 Report — full bar open Ex 15 — 11/09/07 — bouncer at door, bottle service, amplified music; 11/13/07 — nightclub with hard alcohol, music, bouncer, dancing The Lease stated that "bar restaurant and live entertainment business" was a permitted use. 7. CONDITION 14 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" with a maximum of 29 seats. 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" with a maximum of 3 seats. On -site consumption of alcoholic beverages shall be prohibited in 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. This condition was proven to have been violated by the following memorializations: T City of Newport Beach Planning Commission Resolution No. _ Page 8 of 14 Ex 6 — 4/20/07 Supplemental police report Ex 14 — 5/26/07 Admin cite Ex 15 — 11/09/07 Police report — drinking in Al, dancing in Al Ex 17 — 11/28/07 NBPD report — drink orders being taken in Al, 20 -25 people with food /drink 8. CONDITION NO. 15 Hours of operation shall be from 10:00 a.m. to 11:00 p.m. daily for the retail portion of the project, and 1:00 p.m. 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. This condition was violated as reported as follows: Ex 17 — 11/28/07 NBPD report — serving drinks after midnight 9. CONDITION NO. 16 Live entertainment may occur subject to the approval of a Live Entertainment Permit and dancing is prohibited. Live entertainment shall not occur more than 3 days per week. Music shall be limited to indoor areas only and all windows and doors shall remain closed during performances except for incidental ingress and egress of patrons. Management of the business shall make every effort to keep the doors closed during performances. City of Newport Beach Planning Commission Resolution No. _ Page 9 of 14 This condition was violated as described in the following reports: Ex 6 — On 4/19/07 — 4/20/07, NBPD DR 07 -322 observed /heard music from open doors, dancing Ex 14 — 5/26/07 Admin cite — door open facing Via Oporto, dancing? 10. CONDITION NO. 18 A Special Events Permit is required for any event, 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. This condition was violated as described in the following reports: Ex 7 — 4/21/07 — roped off line 11/09/07 NBPD 11/30/07 NBPD 11. CONDITION No. 23 Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act (ABC) shall be posted as required by the State Department of ABC. This condition was violated as described n the following report: Ex 6 — NBPD — no signs posted z City of Newport Beach Planning Commission Resolution No. _ Page 10 of 14 DETERMINATION For all of the above reasons the Planning Commission finds that the Use Permit was violated. These violations also establish additional grounds of operating an establishment in an illegal manner, and violating ABC rules. These grounds are separate bases for the Use Permit revocation /modification. Although Overstreets contend they are not responsible for the actions of their tenants, the Planning Commission finds that the owner of a Use Permit, which runs with the land, has certain responsibilities to investigate and make sure the permit is being operated in compliance with the terms and conditions of the Use Permit. The Overstreets failed to supervise this operation as the owner of the Use Permit. For all of these reasons, the Planning Commission finds that grounds for modification have been established and does hereby impose such conditions which will return the premises to the original intended use. 9 City of Newport Beach Planning Commission Resolution No. _ Page 11 of 14 EXHIBIT "B" CONDITIONS OF APPROVAL Conditions in bold are project specific conditions. All others are standards conditions. 1. The alcoholic beverage outlet is hereby defined as a retail establishment for the sale of general alcoholic beverages for off -site consumption as the primary and principal use of the subject property per the Type 21 ABC license. The on -site consumption of alcoholic beverages shall be limited to wine or beer tasting per the Type 42 ABC license and shall be confined to the wine tasting bar. The serving of distilled beverages is prohibited. 2. The primary and principal use of the establishment shall be retail sales with ancillary use of wine tasting and wine educational seminars. The existing floor plan shall be revised to reflect the primary and principal use of the establishment. Prior to the reopening of the establishment, all dining - related fixtures including tables and chairs shall be removed to the satisfaction of the Planning Director. 3. No seating is to be allowed in the wine tasting bar. 4. Wine tasting shall be defined and limited to the presentation of samples of one or more wines, representing one or more wineries or industry labels, to a group of consumers for the purpose of acquainting the tasters with the characteristics of the wine or wines tasted. 5. Each tasting shall be limited per the Department of Alcohol Beverage Control. 6. Wine tasting fees required by the Department of Alcohol Beverage Control shall not exceed 10 percent of the gross retail sales during the same period. The licensee shall maintain records that reflect separately the gross retail sales and the gross wine tasting sales. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 7. In addition to wine tasting, the licensee /business operator may provide small amounts of bread, crackers, cheeses or nuts to clear the taste buds of the participants between successive samples of wine during a wine tasting. No serving or preparation of food or meals (other than minimum associated with wine sampling such as small amounts of cheese, bread, or fruit) is allowed. City of Newport Beach Planning Commission Resolution No. _ . Page 12 of 14 8. The hours of operation shall be limited to 9:OOAM to 11:00PM daily. 9. The existing kitchen shall be maintained and utilized as a "Cold Kitchen" with no major cooking appliances (i.e. oven, cook top) allowed. 10. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, nor maintain and operate as a bona fide eating place as defined by the Department of Alcohol Beverage Control. 11. A special events permit is required for any event or promotional activity outside the normal operational characteristics of this approval that would increase the expected occupancy beyond 29 patrons and 6 employees at any one time, including any other activities requiring such special events permit as set forth in the Newport Beach Municipal Code. A maximum of 6 events may be permitted annually. 12. No outdoor loudspeaker or paging system shall be permitted in conjunction with either the retail sale or wine tasting /educational seminars. 13. No live entertainment or dancing shall be permitted. 14. 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. 15. This approval supersedes and rescinds Use Permit No. 2002 -034. 16. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this use permit in accordance with Chapter 20.96 of the Zoning Code. 17. The exterior of the alcoholic beverage outlet shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. All owners, managers and employees serving or selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. To qualify to meet the requirements of this section a certified program must meet the standards of the City of Newport Beach Planning Commission Resolution No. _ Page 13 of 14 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. 19. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 20. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 21. This use permit may be reviewed, modified or revoked by the Planning Commission or City Council should it be determined that the conditions of the use permit have been violated or that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 22. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this permit. 23. Should this business or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified in writing of the conditions of this approval by either the current business owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 24. Any changes in operational characteristics, hours of operations, expansion in area, or modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 25. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 26. The applicant or operator of the facility may provide valet attendant service for the use in conjunction with the Lido Marina Village parking garage. The applicant or operator shall prepare a valet operated parking plan to be reviewed and approved by the City Traffic Engineer prior to the commencement of the valet service use. City of Newport Beach Planning Commission Resolution No. _ Page 14 of 14 27. Delivery vehicles shall not park within the public right -of -way of Via Lido and Via Oporto. 28. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 29. Trash generated by the business shall be screened from view from adjoining properties except when placed for pick -up by refuse collection agencies. 30. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 31. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment. 32. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. Adequate access and exiting must be provided in accordance with the Building Code. 33. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 34. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the establishment to develop a set of corrective measures necessary in order to insure compliance. 35. 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. Em „Ri:cE air AG "RE Agenda Item 4 Proposed changes to Condition 1 of EXHIBIT "A” of Draft Resolution The alcoholic beverage outlet is hereby defined as a retail establishment for the sale of general alcoholic beverages for off -site consumption as the primary and principal use of the subject property per the Type 21 ABC license. The on -site consumption of alcoholic beverages shall be limited to wine or beer tasting per the Type 42 ABC license and shall be confined to the wine tasting bar Unit A2. The serving of distilled beverages is prohibited. October 27. 2008 Councilman Mike Henn: PF(FiI,!F[) AM OCT 28 0 II- 9 8 "RECEIVED AFTER AGENDA PRINTED:" 44 10-x8 -0ff We have reviewed the Resolution arm ` .f �'nditions of Approval prepared by the Planning Department for City ounci s approval. We have several legitimate comments /issues with the Resolution and the Conditions of Approval. We seek your advice and assistance in resolving these matters. If that is not possible, we hope we will be provided the opportunity to speak before the Council at the meeting. In the Resolution: 1) The Resolution refers to "Sejour European Bistro & Lounge (Sejour) located ........ This business is closed. Sejour never made an attempt to resolve its differences with the City. We, the landowners have defended this revocation, amendment and appeal. The Resolution should refer to "3400 Via Lido Premises located.... ". 2) Whereas, it was the intent of the Planning Commission to bring the operation of the establishment into conformity with the original project approval. (Yet Exhibit "B" adds new conditions that were not part of Use Permit 2001 -005 and contradicts this intent)_ Exhibit "B: Conditions for Approval, prepared by the Planning Department- Condition 1. Refers to The on -site consumption to be limited to wine and beer and says the Type 42 ABC License shall be confined to the wine tasting bar. Condition # 2 It specifically states all dining - related fixtures including tables and chairs shall be removed to the satisfaction of the Planning Director. This statement is contradictory to what you said during the Appeal Hearing. During the Appeal Hearing on October 14, 2008, it was our distinct understanding that the City Council wanted to revert to our original Use Permit #- 2001 -005. The 2001 -005 Use Permit permitted 29 seats in the A2 portion of the premises, including a bar with bar stools, tables, chairs and some more comfortable seating scenarios. We recall your comments that you liked the seating and did not have a problem with the seating scenario, originally approved in 2001, Can this statement, please, be removed from the Resolution? We are comfortable with 29 maximum seating, but are deeply concerned that we cannot have tables and chairs. Does that mean couches, coffee tables and stools only? Why is a bar stool permitted, but not a chair? Condition # 3 This condition is again contradictory to your comments during the Appeal Hearing, stated above. This condition should be removed from Exhibit B. Condition # 5 - What does this mean? Condition # 6. says "wine tasting fees required by "Department of ABC shall not exceed 10% of the gross retail sales during the same period. Use Permit 2001 -005 did not include this condition. This restriction is new and oppressive and unfair. This condition was not discussed during the Revocation Hearing or the Appeal Hearing. It is impossible and unreasonable to expect a business to operate within these limitations. The Wine Retail business goes hand in hand with the opportunity to taste wine before a consumer buys. Other businesses like our own, i.e. Wine Gallery, Wine Lab, Hi -Time, all have bars and give consumers the opportunity to taste wine. Use Permit 2001 -005 permitted a type 42 License. This is the same License Type, as Wine Lab, Wine Gallery, Hi -Time and these businesses do not have to operate under these conditions. The 2001 -2005 Use Permit allowed for off -sale wine and spirits and on -sale wine consumption - with no limitations as to percentages of off -sale and on -sale. The Planning Department staff adding this new restriction to on- premise sales being only 10% is unreasonable. Condition # 7 This condition again, contradicts what you specifically stated during the Appeal Hearing. that we could offer, "small plates, appetizers" of warm food. This condition says " No serving or preparation of food or meals..... other than small amounts of cheese, bread or fruit is allowed." It was agreed by Council that we could prepare and serve warm and cold appetizers and tapas. Condition # 9 The Resolution says that the "cold kitchen" restriction is eliminated. This condition is contradictory and confusing. Dennis called Rosalihn Ung of he Planning Department yesterday afternoon, in an effort to resolve these " conditions ", but he was unsuccessful. Ms. Ung said that we "could not use the words "Bar or Wine Bar " when referring to our A2 section of the premises; whether it was in advertising or casual conversation. Ms. Ung said to Dennis, "You can only refer to A2 as the facility that is used for wine tasting ". And yet, the Wine Lab, the Wine Gallery and Hi -Time, all refer to their wine bars as a "bar and or "wine bar ". She went on to say that we would have serious problems with the City if we used the word "wine bar" in advertisements etc in referring to A2. The Newport Beach Visitor's & Conference Bureau refers to wine bars as a special amenity and attraction for purchasing and tasting wine in the City of Newport Beach. It advertises the wine bars open to the public on a regular basis. Additionally, the Resolution prepared by the Planning Department for your approval this evening, refers to our A2 portion as wine tasting bar. It is a wine bar, so why can't it be called a wine bar? We stand on our conviction that rescinding our Use Permit 2002 -034 has violated our vested rights and removing our right to serve distilled spirits on the premises, however, we are acting as responsible and reasonable business members of the community. As land owners and business operators, - the City of Newport Beach Planning Department has singled us out and the City is making an example of our Use Permit by imposing oppressive conditions that make it impossible to operate a business owner. The City is imposing discriminatory punishment upon our land and our land use. During the past 11 -month process, not one objection has been made, written or verbal regarding our operation and our land use. However, numerous businesses, residences and prominent citizens of our district have come forward to support our business operation, our land use and our potential re- opening. Please call me 949 - 378 -7271 or Dennis 310 - 502 -3685 to let us know how this Resolution can be approved without causing inappropriate actions against the landowners. Sincerely, Dennis Overstreet Christine Overstreet christineoverstreet @mac.com info @beverlyhillswinemerchant.com RESOLUTION NO. 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 corner of Via Lido and Via Oporto and legally described as Lot 2 of Tract 1235; and WHEREAS, on April 5, 2001, the Planning Commission approved Use Permit No. 2001 -005 to allow a retail wine establishment to operate with a Type "21" Alcohol Beverage Control (ABC) license (Off -Sale, General) and Type "42" ABC license (On -Sale Beer and Wine, Public Premises) with periodic on -site wine tasting seminars and a parking waiver; and WHEREAS, on November 7, 2002, the Planning Commission adopted Resolution No. 1579 of Use Permit No. 2002 -034, amending conditions of approval of Use Permit No. 2001 -005, authorizing a Type "47" ABC license (On -Sale, General- Eating Place) for on -site consumption of general alcohol beverages, live entertainment and expansion of hours of operation; and WHEREAS, pursuant to Section 20.96.040 of the City of Newport Beach Municipal Code, the Planning Director determined that there were reasonable grounds for the revocation of Use Permit No. 2001 -005 and Use Permit No. 2002- 034 and set a public hearing so that the Planning Commission could set a date to consider the revocation of Use Permit Nos. 2001 -005 and 2002 -034; and. WHEREAS, after giving proper notice in accordance with law, a public hearing was held on January 17, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Planning Commission unanimously voted to set a revocation hearing for Use Permit No. 2001 -005 and Use Permit No. 2002 -034 on March 20, 2008; and WHEREAS, on March 20, 2008, the Planning Commission continued the revocation hearing to April 17, 2008, at the request of the property owner; and WHEREAS, on April 17, 2008, after the Planning Commission commenced the revocation hearing and received public testimony, the Planning Commission directed staff to draft a list of conditions of approval that reflect the following considerations: Page 2 of 7 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, California. 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 Page 3 of 7 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 'bold 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 meeting held on the October 4428, 2008 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Page 4of7 EXHIBIT "A" CONDITIONS OF APPROVAL 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 per -the Type 42 ABC license and in conjunction with the retail sales of wine and beer under the TVpe 21 ABC license and shall be confined to `4° �� Unit A2. The serving of distilled beverages is prohibited. 2. The primary and principal use of the establishment shall be retail sales ill -- Formatted: Font: Not Bold Unit Al and ancillary use of wine tasting and wine educational seminars w__ith ......... Formatted: Font: Not Bald related casual seating in Unit A2. Dining tables and chairs shall be prohibited in both areas. The e)dsting "e. Gr plan shall be Fevi ,edt. ,cfle t Formatted: Strikethmugh hp •..._ ................ ......... ....... ... ....... ... .. . -..... _..-............_... ....._- .......................: Formatted: Bullets and Numbering 43. Wine tasting shall be defined and limited to the presentation of samples of --- --- t Formatted: Bullets and Numhedng 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. 54. Each tasting shall be limited per the Department of Alcohol Beverage Control. &-5. Wine tasting fees required by the Department of Alcohol Beverage Control shall not exceed 10 peFoant of 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. 7-.6. In addition to wine tasting, the licensee /business operator may provide ,@ -- Formatted: Font: Not Bold small ameuqts,- ef.quant4 . of- limited -range of appetizers in conjunction with_ Formatted: Fwt Not Bold and during a wine tasting. c' ,w o � .participants-between . ,... nhe vr t aleY l; taste buds ^f the .. v � samples ^F i� d u. n a WiRe tasting. Ne or nrenarafien of feed or meals (OtheF than y Page 5 of 7 8-.7. The hours of operation shall be limited to 9:OOAM to 11:OOPM daily, end . Formatted: Foot. Not Bob 12:OOAM midnight on weekends (Friday, Saturday and Sunday). 94-he existipg kitGhAR PhAll he maintained and utilized as P. "Cold Kitchen" witA 4&8. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavem, 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. 44-9. 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. 42L. 10, No outdoor loudspeaker or paging system shall be permitted in conjunction with either the retail sale or wine tastingleducational seminars. 43-11. No love ^^` eFta:^F„e t eF dancing shall be permitted. Non - amplified music in wmlatted: Foot: Not Bold 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. 44:12. 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. 45-13. This approval supersedes and rescinds Use Permit No. 2002 -034. 16 -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. 415. 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. Page 6 of 7 48 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. 49:17. 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. 20.18. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 24,19.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. 220. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this permit. 23-21. 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. 2422. 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. 2x: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. 26:24. 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 Page 7 of 7 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. 225. Delivery vehicles shall not park within the public right -of -way of Via Lido and Via Oporto. 29,26. Trash receptacles for patrons shall be conveniently located both inside and outside the proposed facility. 29-27. Trash generated by the business shall be screened from view from adjoining properties except when placed for pick -up by refuse collection agencies - aa.28. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 33-29. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment. 32.30- 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. 33:31. 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, 3432. 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. 35-33. This approval shall expire unless exercised within twelve (12) months from- ----- rrormattxd: Bders and NUMB.Iffig the end of the appeal period as specified in Section 20.89.060 of the Newport Beach Municipal Code.