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Home My WebLink About05_The Boardwalk Wine & Spirits Minor Use Permit_PA2021-266 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 15, 2022 Agenda Item No. 5 SUBJECT: The Boardwalk Wine & Spirits (PA2021-266) Minor Use Permit SITE LOCATION: 103 Palm Street APPLICANT: Liquor Cheaper, LLC dba The Boardwalk Wine & Spirits OWNER: SCAP III, LLC PLANNER: Joselyn Perez, Assistant Planner 949-644-3312, jperez@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: Mixed-Use Vertical (MU-V) Zoning District: Mixed-Use Vertical (MU-V) with a Parking Management (PM) Overlay Coastal Land Use Plan Category: Mixed-Use Vertical (MU-V) Coastal Zoning District: Mixed-Use Vertical (MU-V) with a Parking Management (PM) Overlay PROJECT SUMMARY A request for a minor use permit (MUP) to allow a new Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license to establish a beer, wine, and distilled spirits retail store. The project involves minor tenant improvements to convert an approximately 886-square- foot suite, last occupied by a professional office, into a retail space. The proposed hours of operation are from 9 a.m. to 10 p.m., daily, and no on-site consumption of alcohol is requested. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving the Minor Use Permit (Attachment No. ZA 1). 1 The Boardwalk Wine & Spirits (PA2021-266) Zoning Administrator, December 15, 2022 Page 2 Tmplt: 10/18/21 DISCUSSION The beer, wine, and distilled spirits retail store is proposed for an approximately 886 square-foot suite located on the ground floor of an existing mixed-use building on the Balboa Peninsula. The suite is currently vacant and has been for many years. Prior to the current vacancy, the suite operated as a financial office. As shown below, the surrounding neighborhood is characterized by residential uses near commercial and visitor-serving uses. The subject property is abutted to the west by Two-Unit Residential (R-2) properties. spaces are oriented away from this District, toward Palm Street. The subject property is separated from the Multiple Residential (RM) zoned 24-unit condominium complex across Palm Street by approximately 65 feet. The subject property is bounded to the north by MU-V properties and to the south by the Oceanfront Boardwalk, Balboa Pier, and Balboa Pier Municipal Parking Lot. The Balboa Fun Zone is also within the general vicinity of the project site. Figure 1: Zoning District Map for the Subject Property and Surrounding Area 2 The Boardwalk Wine & Spirits (PA2021-266) Zoning Administrator, December 15, 2022 Page 3 Tmplt: 10/18/21 The subject property is within the coastal zone boundaries; however, a coastal development permit is not required. The project does not represent an intensification of use from the previous professional office use and is not considered ned in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC). The subject property is zoned MU-V. Retail uses with off-sale alcohol are allowed in the MU-V District subject to the approval of an MUP. Section 20.48.030 (Alcohol Sales) of the NBMC provides a list of required findings that must be made to recommend approval of a new ABC License. These findings are in addition to the findings required by NBMC Section 20.52.020(F) (Findings and Decisions) to approve a use permit. In both cases, staff can make the required findings, which are detailed and available in the Draft Resolution (Attachment No. ZA 1). If approved, the project would require minor tenant improvements to create a retail store. The floor plan features a retail area with display shelving and refrigerators, a cashiering area, a hallway leading to an accessible restroom, and a back storage room. The store will operate from 9 a.m. to 10 p.m., daily. Offering tastings and/or the onsite consumption of alcohol are not permitted as part of this use permit and are explicitly prohibited. A description of the business provided by the Applicant is available in Attachment No. ZA 3 (Applicants Project Description) and the proposed floor plan is available as Attachment No. ZA 5 (Project Plans). The subject property was originally developed in the late 1940s. The building has a total of four commercial suites on the ground floor with five residential units above. There is no onsite parking provided for commercial uses; therefore, the building is considered legally nonconforming due to parking. Additionally, the building is considered a nonconforming structure since it encroaches into both the required front setback and the alley setback. Newport Beach Municipal Code (NBMC) Section 20.38.060 (Nonconforming Parking) allows for a change in use when a property has nonconforming parking. NBMC Section 20.38.060 specifies that an existing use may be changed to a new allowed use without providing additional parking, provided that no intensification or enlargement (e.g., increase in floor area, or lot area) occurs, and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. The parking requirement for a retail sales use is one (1) space per 250 square feet, and no intensification or enlargement is proposed as part of the project. The subject property is located within a Parking Management (PM) Overlay District. This Overlay provides additional flexibility to allow intensification of use; however, in 3 The Boardwalk Wine & Spirits (PA2021-266) Zoning Administrator, December 15, 2022 Page 4 Tmplt: 10/18/21 this case, the provisions of NBMC Section 20.38.060 allow the change of use without any further consideration required. Because the project abuts residential uses and sensitive receptors, the project has been conditioned to help prevent disturbances. For example, Condition of Approval No. 20 prohibits weekday deliveries and refuse collection for the facility between the hours of 10 p.m. and 7 a.m. and weekend deliveries and refuse collection between the hours of 10 p.m. and 9 a.m. Condition of Approval No. 25 limits the hours of operation to between 9 a.m. and 10 p.m., daily, with any change to open the store earlier or close the store later requiring subsequent review and the potential processing of a new use permit. As a trash enclosure is not currently provided on-site, Condition of Approval no. 17 has been included to require more frequent pick-up of trash should the existing trash storage prove to be inadequate. The project was reviewed by the Building Division, Public Works Department, and Fire/Life Safety Services. No departments object to the project and all recommended conditions of approval have been incorporated into the draft resolution as Exhibit . The draft resolution is available as Attachment No. ZA 1 (Draft Resolution). The Newport Beach Police Department (NBPD) reviewed the proposed application and issued no objections to the request, subject to the appropriate conditions of approval. The crime and alcohol-related statistics are included in Attachment No. ZA 4 (Police Memorandum). The crime statistic information provided is analyzed in detail in the attached Draft Resolution (Attachment No. ZA 1). All conditions of approval recommended by the NBPD have been included. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves alterations to the interior floor plan of an existing commercial space with no expansion in floor area. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and 4 The Boardwalk Wine & Spirits (PA2021-266) Zoning Administrator, December 15, 2022 Page 5 Tmplt: 10/18/21 waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: BMZ/jp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant s Project Description ZA 4 Police Memorandum ZA 5 Project Plans 5 Attachment No. ZA 1 Draft Resolution 6 RESOLUTION NO. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A NEW TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE IN CONJUNCTION WITH A RETAIL STORE LOCATED AT 103 PALM STREET (PA2021-266) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Liquor Cheaper, LLC, dba The Boardwalk Wine & Spirits (Applicant), with respect to property located at 103 Palm Street, and legally described as Lot 15 and Lot 16 of Block 6 of the Balboa Tract, requesting approval of a minor use permit (MUP). 2. The Applicant has applied for a new Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) License to establish a beer, wine, and distilled spirits retail store. The project involves minor tenant improvements to convert an approximately 886-square-foot space, last occupied by a professional office, into a retail store. The proposed hours of operation are from 9 a.m. to 10 p.m., daily, and no on-site consumption of alcohol is requested. 3. The subject property is categorized as Mixed-Use Vertical (MU-V) by the General Plan Land Use Element and is located within the Mixed-Use Vertical (MU-V) Zoning District and the Parking Management (PM) Overlay District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Vertical (MU-V) and is located within the Mixed-Use Vertical (MU- V) Coastal Zoning District with a Parking Management (PM) Overlay District designation. Due to equivalent required parking ratios and no expansion of floor area, the proposed retail store does not represent an intensification of use from the previous professional office use. The project and a coastal development permit is not required. 5. A public hearing was held on December 15, 2022, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 7 Zoning Administrator Resolution No. ZA2022-### Page 2 of 12 10-18-21 2. The Class 1 exemption includes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves alterations to the interior floor plan of an existing commercial space with no expansion in floor area. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator shall consider the following findings prior to the approval of a new or amended alcohol sales establishment: Finding A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. a. The subject property is in an area the Newport Beach Police Department (NBPD) designates as Reporting District (RD) 12. RD 12 is located on the Balboa Peninsula. It begins at the intersection of West Balboa Boulevard and 7th Street and terminates approximately one (1) mile east at East Balboa Boulevard and B Street. RD 12 includes the Balboa Pier area of the Peninsula and the Balboa Fun Zone. RD 12 is abutted to the west by RD 13, with RD 15 beyond, and to the east by RD 11. b. The NBPD is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies, and misdemeanors (except traffic citations) to the California Department of Alcoholic Beverage Control (ABC). Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 12 is not considered or reported to ABC as a higher crime area, as compared to other RDs within the City. The RD 12 crime count for 2021 is 100, which is one (1) percent under the citywide average of 101 crimes per RD. c. The NBPD has reviewed the project and has no objection to the new Type 21 ABC license, subject to appropriate conditions of approval which have all been incorporated into Exhibit . These conditions include provisions such as the requirement that all owners, managers, and employees selling alcoholic beverages shall undergo and complete a certified training program in responsible methods and skills for selling alcoholic 8 Zoning Administrator Resolution No. ZA2022-### Page 3 of 12 10-18-21 beverages, a prohibition of the store from operating as a bar, tavern, cocktail lounge or nightclub, and the requirement that any substantial operational change require a subsequent review. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. In 2021, RD 12 had a higher percentage of alcohol-related crimes than RD 11 but a lower percentage than RD 13 and RD 15. The higher number of alcohol-related crimes compared to RD 11 is expected, given that the crime figure includes driving under the influence, public intoxication, and liquor law violations. These alcohol-related crimes are typically associated with commercial establishments. RD 11, which is primarily residential, is unlikely to have similar crime incidents and the difference was not substantial enough to warrant objection from the NBPD. The alcohol-related crimes of RD 13 were 313 percent higher than that of the subject RD and the alcohol-related crimes of RD 15 were 578 percent higher than that of the subject RD. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. a. The proposed store would be located on the ground floor of an existing mixed-use building on Palm Street. There are five (5) residential units above the ground floor. The neighborhood is characterized by residential uses near commercial and visitor-serving uses. The subject property is abutted to the west by Two-Unit Residential (R-2) District properties; however, the , toward Palm Street. The space is separated from the Multiple Residential (RM) zoned 24-unit condominium complex across Palm Street by approximately 65 feet. The subject property is bounded to the north by MU-V zoned properties and to the south by the Oceanfront Boardwalk, Balboa Pier, and the Balboa Pier Municipal Parking Lot. The Balboa Fun Zone is also within the surrounding vicinity. While minors are expected to be present in the area, the business intends to stock and sell upscale beer, wine, and spirits marketed toward adults and is not anticipated to attract minors. Both the nearest church and school are over a mile west of the subject property. The nearest park, Peninsula Park, is located 560 feet east of the subject property. b. Condition of Approval no. 25 limits the hours of operation from 9 a.m. to 10 p.m. The mid- morning opening hour and reasonable closing hour should help prevent noise disturbances to the surrounding residential uses. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption.There are several active On-Sale ABC Licenses within the general vicinity of the subject property with the largest concentration at the Balboa Pier area. Most of the On-Sale Licenses are for either restaurants including Type 41 (On-Sale Beer and Wine - Eating Place) and Type 47(On-Sale General - Eating Place) or charter boats with a Type 54 (On-Sale General Boat) License. Notable restaurants with ABC Licenses include Cabo Cantina, Cruisers, and Great Mex Grill. There is one active Type 48 (On Sale General - Public Premises) License within the general vicinity, for the Balboa 9 Zoning Administrator Resolution No. ZA2022-### Page 4 of 12 10-18-21 Saloon, and one active Type 02 (Winegrower) License that allows for onsite wine tasting at Balboa Wines.There are five (5) active Off-Sale Licenses within the general vicinity of the subject property. License Type Address Distance from Subject Property Type 20 (Off-Sale Beer and Wine) 814 Bay Ave 867 feet Type 20 (Off-Sale Beer and Wine) 406 S Bay Front 1,540 feet Type 21 (Off-Sale General) 510 E Balboa Boulevard 175 feet Type 20 (Off-Sale Beer and Wine) 508 W Balboa Boulevard 1,800 feet Type 21 (Off-Sale General) 500 S Bay Front 1,520 feet While this location meets the Business and Professions code section §23958.4 criteria for undue concentration pertaining to ABC licenses, the p establishments selling alcohol should not raise concern due to the operational characteristics of the proposed project. The store has modest hours of operation and is prohibited from serving alcohol on-site or operating as a bar or tavern. If it is determined that the operation of the store is to the detriment of the public health, welfare, or injurious to property, Condition of Approval no. 7 allows the Zoning Administrator to modify or revoke the MUP. v. Whether or not the proposed amendment will resolve any current objectionable conditions. a. There were 6 police dispatch events in 2021 to the 103 Palm Street vicinity. None of the events resulted in arrests. b. There are no objectionable conditions presently occurring at the property. Minor Use Permit In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings for a use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan. 10 Zoning Administrator Resolution No. ZA2022-### Page 5 of 12 10-18-21 Facts in Support of Finding: 1. The Land Use Element of the General Plan categorizes the project site as MU-V. The MU-V designation is intended to provide areas for the development of properties with mixed-use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. The proposed retail store within an existing mixed-use building is consistent with the intent of the MU-V land use designation. 2. General Plan Land Use Policy LU 5.3.2 (Mixed-Use Building Location and Size of Nonresidential Uses) requires that 100 percent of the ground floor street frontage of mixed-use buildings be occupied by retail and other compatible nonresidential uses unless otherwise specified. A retail use on the ground floor of the existing mixed-use building is consistent with this Policy. 3. General Plan Land Use Policy LU 6.8.7 (Property Improvement) suggests that the City provide incentives and work with property owners to improve their properties as well as to achieve the The proposed project will take a currently vacant and shuttered suite and replace it with an active storefront. The project will also improve the building by providing required accessibility upgrades for the suite. 4. The subject property is not a part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding 1. The subject property is zoned MU-V. Table 2-8 of NBMC Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) specifies that retail uses with off- sale alcohol are allowed in the MU-V District subject to the approval of an MUP. 2. The subject property was originally developed in the late 1940s. The building has a total of four (4) commercial spaces on the ground floor with five (5) residential units above and provides no onsite parking for commercial uses. The building is considered legally nonconforming due to parking. Additionally, the building is considered a nonconforming structure as it encroaches into both the required front setback and the alley setback. Since the project does not involve any additional floor area or changes to the exterior envelope of the building, there are no implications with this legal nonconforming status. 3. NBMC Section 20.38.060 (Nonconforming Parking) allows for changes in use when a property has nonconforming parking. It specifies that an existing use may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross 11 Zoning Administrator Resolution No. ZA2022-### Page 6 of 12 10-18-21 building area. In this case, the parking requirement for a retail sales use is one space per every 250 square feet, and no intensification or enlargement is proposed. 4. The subject property is located within a Parking Management (PM) Overlay District. This overlay provides additional flexibility to allow intensification of use; however, in this case, the provisions of NBMC Section 20.38.060 allow the change of use without any further consideration required. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding 1. The surrounding vicinity is characterized by residential, commercial, and visitor-serving uses. The Oceanfront Boardwalk and the Balboa Municipal Parking Lot are located to the south of the subject property, the Balboa Pier is approximately two blocks to the east, and the Balboa Fun Zone is less than a quarter of a mile away to the north. The neighborhood sees considerable visitor traffic both by vehicle and on foot during tourist season and is busy and vibrant. The retail store will likely only serve patrons already within the area and is not anticipated to generate additional traffic or congestion. 2. The nearest retail store with an off-sale ABC license is located approximately 175 feet to the north of the subject property, across East Balboa Boulevard. The existing store has operated with an off-sale use for decades. Given the successful and harmonious operation of the nearby store, the new off-sale use should not be incompatible with the vicinity. 3. The proposed use will provide additional shopping options and convenience for both residents living nearby and visitors staying in the surrounding area. 4. Condition of Approval No. 3 explicitly prohibits the onsite consumption of alcohol which should help prevent disorderly conduct, nuisances, or other disruptions from occurring at the store. 5. The project does not include late hours which may otherwise be disruptive to the surrounding residential uses. Condition of Approval No. 25 limits the hours of operation to 9 a.m. to 10 p.m., daily. Any change to open the store earlier or close the store later will require subsequent review and may require an amendment to the MUP. 6. Condition of Approval No. 20 prohibits deliveries and refuse collection for the facility between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays. This limitation should help minimize disturbance to the surrounding residential uses. 12 Zoning Administrator Resolution No. ZA2022-### Page 7 of 12 10-18-21 Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding 1. The retail store is proposed within an existing commercial space of an existing building that is located within a fully developed neighborhood. The neighborhood is adequately served by existing emergency services and utilities. Access to the subject property is provided by Palm Street, the alley in the rear of the property, and the Oceanfront Boardwalk. 2. As a trash enclosure is not currently provided on-site, Condition of Approval no. 17 has been included to require more frequent pick-up of trash should the existing trash storage prove to be inadequate. 3. The proposed project was reviewed by relevant City departments including the Building Division, Public Works Department, and Fire/Life Safety Services. Comments have been incorporated into the project through design and conditions of approval. There are no objections to the project. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. According to the Applicant, the tenant space was last occupied by a professional office and has sat empty for many years. The proposed project will help revitalize the 100 block of Palm Street with tenant improvements to the space and the establishment of a new store to serve visitors and residents in the surrounding area. 2. Although the commercial space is proximate to residential uses with dwelling units above and directly west, it is oriented toward Palm Street, which provides direct access to the space for patrons. The proposed use is not anticipated to be detrimental, esp operational characteristics. 3. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the store. 13 Zoning Administrator Resolution No. ZA2022-### Page 8 of 12 10-18-21 4. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible and no impacts to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood are expected. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit (PA2021-266), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF DECEMBER, 2022. _____________________________________ Jaime Murillo, Zoning Administrator 14 Zoning Administrator Resolution No. ZA2022-### Page 9 of 12 10-18-21 CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3.Any tastings and/or the onsite consumption of alcohol are not permitted as part of this MUP and are expressly prohibited. 4. 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 MUP. 5. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 6. Minor Use Permit (PA2021-266) shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 7. This MUP may be modified or revoked by Zoning Administrator if determined 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. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and potential amendment of this MUP. 9.shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the MUP file. The plans shall be identical to those approved by all City departments for building 15 Zoning Administrator Resolution No. ZA2022-### Page 10 of 12 10-18-21 permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. Should the property 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. 15. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 16. No outside paging system shall be utilized in conjunction with this establishment. 17.Trash shall be stored within the building or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. Should existing trash storage areas be inadequate for the increased level of trash generation, the Applicant shall increase the frequency of trash collection service. 18. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance 16 Zoning Administrator Resolution No. ZA2022-### Page 11 of 12 10-18-21 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 20. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to MUP. 21. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of trash containers on pick-up days. 22. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including approval of Boardwalk Wine & Spirits including, but not limited to, Minor Use Permit (PA2021-266). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney s fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorney s fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 23. The ABC License shall be limited to a Type 21 (Off-Sale General). Any substantial change to the ABC license type shall require subsequent review and potential amendment of the MUP. 24. The Applicant shall comply with all federal, state, and local laws, and all conditions of the ABC License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the MUP. 25. The hours of operation shall be limited to 9 a.m. to 10 p.m. daily. 26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 27. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the 17 Zoning Administrator Resolution No. ZA2022-### Page 12 of 12 10-18-21 premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 28.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in NBMC to require such permits. 29.The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to the Police Department upon request. 30.All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire. The certified program must meet the standards of the State of California. training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. Building Division 31. The Applicant is required to obtain all applicable permits from the City Building Division and Fire Department. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Public Works Department 32. A new sewer cleanout shall be installed on the existing sewer lateral in accordance with City Standard 406. 33. All deliveries shall park legally. No double parking or parking in red curb areas shall be allowed. 18 Attachment No. ZA 2 Vicinity Map 19 VICINITY MAP Minor Use Permit (PA2021-266) 103 Palm Street Subject Property Balboa Fun Zone 20 Attachment No. ZA 3 Applicant s Project Description 21 August 26, 2022 File No.6568-1 Ms. Joselyn Perez Assistant Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 jperez@newportbeachca.gov Re: Amended Letter of Justification for Project PA2021-266 Minor Use Permit Application at 103 Palm Street, Newport Beach, CA 92660 Dear Ms. Perez: Please allow this correspondence to act as an amendment to our previous letter of justification dated November 3, 2021, for the above referenced Minor Use Permit application. The Applicant has filed an application with the California Department of Alcoholic Beverage Control for an Off-Sale General Type 21 license for its upscale wine and distilled spirits retail business. No on-sale is or will be proposed. This license allows the applicant to sell wine, beer, and distilled spirits for its patron’s offsite consumption. The applicant’s business hours of operation will be from 9:00 a.m. to 10:00 p.m. daily. This project will utilize the interior space of the currently closed and vacant establishment (formerly operated as a financial services office) which consists of approximately 873 square feet (net usable). Deliveries will comply with all city rules, regulations, and/or codes so as to not interfere with public access, impede parking, or the like. Moreover, in response to comments, the facility will maintain a public restroom and Applicant supplied plans addressing all other comments. In conclusion, the applicant respectfully requests that the application herein be approved and looks forward to a great working relationship with the City of Newport Beach, the surrounding businesses, and the community at large. Very truly yours, F. MICHAEL AYAZ 22 Attachment No. ZA 4 Police Memorandum 23 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Joselyn Perez, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: November 23, 2022 SUBJECT: Boardwalk Wine and Spirits 103 Palm Street PA2021-266 At your request, the Police Department has reviewed the project application for Boardwalk Wine and Spirits located at 103 Palm Street, Newport Beach. The applicant is seeking a new Use Permit to . The shop will require a new Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) License. Statistical Data and Public Convenience or Necessity Attached is a summary report which provides detailed statistical information related to alcohol establish proposed place of business at 103 Palm Street. Business and Professions Code § in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to the City-wide average, or an over saturation of alcohol licenses in a census tract compared to the county. Crime Statistics: The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 12 which surrounds the Balboa Pier area of the Newport Beach Peninsula. Per Business and Professions Code §23958.4, the Police Department is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control (ABC) data form. This reporting district is not reported to ABC as a high crime area as compared to other Reporting D 100, 1% below the City-wide crime count average 24 Boardwalk Wine and Spirits PA2021-266 2 of 101. Since this area does not have a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is not found to have undue concentration. In comparison to neighboring reporting districts, RD 11 is 54% below the City-wide average, RD 13 is 43% above the City-wide average and RD 15 is 541% above the average. Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas. The highest volume crime in this area is simple assault. The highest volume arrest in the area is DUI. DUI, Public Intoxication, and liquor law violations make up 45% of arrests in reporting district 12. In comparison, the figure for neighboring RD 11 is 33%, RD 13 is 21% and RD 15 is 27%. Alcohol License Statistics: The applicant premise is located within census tract 628. This census tract has an approximate population of 3,806 residents with 5 active off sale alcohol licenses. That is a per capita ratio of 1 license for every 761 residents. Per the Business and Professions code, we compare this per ca -sale per capita ratio of 1 license for every 1,730 residents. This location meets the legal criteria for undue concentration pertaining to off sale alcohol licenses (B&P §23958.4). Discussion and Recommendations Due to the type of ABC license being requested, ABC will require the Police Department submit a finding that public convenience or necessity exists for this project. An approved use permit will indicate support of that submission. Should the project be approved, the Police Department requests the following conditions be evaluated for this use permit. 1. The Alcoholic Beverage Control License shall be limited to a Type 21 (Off-Sale General). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. 2. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the Use Permit. 3. The hours of operation shall be limited to 9:00 a.m. to 10:00 p.m. daily. 4. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 5. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 25 Boardwalk Wine and Spirits PA2021-266 3 6. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 7. The applicant shall maintain a security recording system with a 30-day retention, and make those recordings available to the Police Department upon request. 8. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire. The certified program must meet the standards of the State of California. training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949)644-3705 or wjoe@nbpd.org. Wendy Joe Police Civilian Investigator, Special Investigations Unit 26 27 Attachment No. ZA 5 Project Plans 28 29 30 31 December 09, 2022 Dear Grace K. Leung-City Manager, It's with great gratitude that I can announce to you we now have over 300 members in the Balboa Chamber of Commerce. There is a situation that has arisen that I would like to bring to your attention. There is a Bike shop on the corner of Oceanfront and Palm Avenue. The owner of the building has allegedly been charged with Stock Fraud in both Arizona and California. He has filed a request and a permit to open a Liquor store at that location. Can you imagine selling liquor on the boardwalk while children are riding bikes, teenagers are riding electric bikes, and adult pedestrians? We strongly oppose this application. There is a public hearing on Thursday, December 15, 2022, at 10 a.m., it will be held on ZOOM. The enclosed flyer is posted at the proposed Liquor store site. It provides the information how to participate in this hearing. We request that all members circulate this information with your friends and neighbors to stop this Liquor store from being opened. Michael Farah President of the Balboa Chamber of Commerce Tel: 949-244-5302 511 E. Balboa Blvd. Newport Beach, CA 92661 Zoning Administrator - December 15, 2022 Item No. 5a Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) CITY OF NEWPORT BEAC" NOTICE OF PUBLIC HEARi G be s 2022 a1 1 o·oo a m or soon tnereafter as the matter NOT CE IS HEREBY GNE~ that?"_ Thursdday, Dace,. m . ~ i~m rne Zo~mg. A~nisuator of the City of Newport snab be heam. a public hearing will oe con uctea on me v Beacn wi\\ ronsicier the fc\lOWmg application: e Boardwalk wme & Spirits -A request tor a minor use permit to allow a new_ Type 21 ~Off-Sa: Ge~~I) ~ccholic Severage ecnu-ol ABq ucense in :x.n1unct1on with a new beer wme, and distilled ~pirits reta s~. e proiect IO\'Ol\les minor tenant ,mpro'lements 10 convert an approximateiy 86-~quare..foot su'.te, last occu~,eo by a protessional office. mto me proposeo retail space. The proposed nours of o ranon are from 9.00 a.m to 10.00 p.m., ;;iail",1. No :;n-sur; :onsumpuon of alooha\ IS proposeo "'!', 6 prc.Ject ca'.egoncslt')o exemp1 unoer Sectio 15301 under I s 1 (Existing Faetlities) of ttle State CEOA ,_.· \for:i•a Em ,ronrr enm, OuaiiW 4..~t) Guioetines. 1 1 ,1,m:s\a,;: parulils may 4ppcar aM present testimony regarding tnis apphcatiori lf you challenge this project in X) r, ) o ... :-nay oe im1te<:l to raising om-y those ,SSu&i y raieed at lhe puollc heanng or in written correspondence 11 erec \".:' • · -. City at. or cefcte . tne pub1ic n 'ng Aam1nistrative procedures for appaalS are prcvioed in the .;-,or. Bescr1 Muo1cipR1 Cooo Ctrap1&r 20. (Appeals) The appltcatico may be continued to a specific More .. , _....,....,,.m . ;.,~._....an~.,..m..=wuon..a-~ .. ,a,:i ' ..00. ~~ef.tne.~'!lf.i~.~:Jlf'~-,---o":::~::••~."'=· =...-.~ . ' ... . -i '. Tt,e agenda. sraff report, and corresponding oocuments wiU be available by end of business d.av on \h~ ~nda'j precedir-ig the puot,c heanng ana may oe reviewed at the Community Development Department Permn Center tBaj C-1s1 Floor;. at 100 C1v1c Center Drive. Newport Beach, CA 92660, or the City of Newport Beach website a\. ·. N,-vwnewportbeacnc2.0owzon.ingadm1nistrator. Please review the Zoning' Administrator Agenda 'for Zoom participation instructions. Individuals not able to attend the meeting may contact the Planning Division m access the City s website after the meeting to review ·the actior:1 on this application. All mail . or. written commun\ca\ions (inciµding email) from me public. residents. or applicants regarding an agenda item must be submitted immed,ate\')' before the meering by 12:00 p.m. on the business day. This allows time for.the Zoning Administrator to adequate\~ consi<1er the submitted correspondence. _For questions regarding this public hearing item please contact joseiyn P,erez.; Assistant P\anner, at J~rez@newportbeachca.gov or 94-s.644-3312. 100 Civic Center Dnve. Newoon Beacn. CA 92660. Project File No.: PA2021-266 Activity; Minor U-se Permit Zone: Mixeo-Use /ertical (MU-V} General f lan: ;,;~ixea-Gse Vertical {MU-V) Location: 103 ?aim Street AppHcan~: LiQ\tm Cneaper. LLC dba The Boardwa\k Wine & Spirits Zoning Administrator - December 15, 2022 Item No. 5a Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) From:Alison Ryffel To:Perez, Joselyn Subject:Fwd: Palm Street Market Date:December 12, 2022 12:50:19 PM Good Afternoon Joselyn, I am very disappointed that the city is even allowing public hearing (PA2021-266) regarding aABC license @ 103 Palm Street. My neighbors, local business owners, boyfriend and I foughtthis over a year ago. It’s the same gig, just another scheme. I have attached the letter that I hadsent to Kari with ABC. With the late notice received, NB Boat parade & holidays, I wouldhighly recommend that if this is even a consideration you should postpone it till after the NewYear. Sincerely, Alison Ryffel949.266.4268 Begin forwarded message: From: Alison Ryffel <alisonryffel@yahoo.com>Date: May 25, 2021 at 7:56:59 PM PDTTo: Kari.pham@abc.ca.govSubject: Palm Street Market Good Evening Kari, I am writing you to oppose the development/opening of a market/liquor store onPalm Street & Ocean on the Balboa Peninsula in Newport Beach, Ca. Since welive directly across the street (we view the store front from our bedroom window)this is very concerning since we know the car/pedestrian traffic. The location hasno parking for a liquor store and sits on a very busy dangerous intersection inwhich cars fly through the stop sign all day with multiple near hits daily. There isa ice cream shop & bike rental in the same building thus far. Both shops use theboardwalk and sidewalk for merchandise (bicycles) and customers. Personally Ido not understand why they get away with loitering their rental bicycles on theboard walk since no one else can and it is a public walkway property. Wecurrently have 10+ alcohol license establishments here in the “Balboa Village” &I know we do not need any more. I have lived here @ 600 E. Oceanfront for 3years & lived on the Peninsula Point for over 25 years. I was President of theBalboa Peninsula Point Assoc. for two years & was a board member of theBalboa Theater, in which Evelyn Hart & I closed. I know & love the Balboa piercommunity, it is my home & know that more alcohol equals more drunk fights,partying, drinking & driving, etc. Please do not allow this store, we need positive Zoning Administrator - December 15, 2022 Item No. 5b Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) stores for our community. I would be more than available to help with our community in any way possible, it is suffering & we need growth in the right direction. Alison Ryffel949.266.4268 From:milut1@aol.com To:Perez, Joselyn Subject:Re: The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) Date:December 09, 2022 5:07:28 PM Attachments:image001.png image003.png [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Thank you for your time and information! I have registered for the meeting, printed the Agenda and reviewing the staff recommendations! I did speak with Kari Pham at the Dept. of Alcoholic Beverage Control and she informs me that they have many letters of opposition to this project! I'm not sure how that figures into the Zoning Administrators decision, but it is our sincere hope that the opposition will beconsidered in ernest! There are residences directly across Palm Ave. and even above the proposed space. Noise, smoking, parking are just a few of the many concerns associated with this proposal. Thanks again for your help! George Milutinovich 559-289-0067 On Friday, December 9, 2022 at 04:19:27 PM PST, Perez, Joselyn <jperez@newportbeachca.gov> wrote: Hi George and Cathy, Thank you for contacting the City regarding the pending Minor Use Permit at 103 Palm Street. You are more than welcome to attend the public hearing on Dec 15, at 10am and provide your feedback on the proposal. The hearing is conducted online, via Zoom. Please click here to access the Zoning Administrator website. There you will find the Agenda for the next meeting and the agenda will link you to the staff report for the item. The staff report is where you can review the analysis conducted by the City on the proposal. If you’d like, you can click the link below to register for the meeting using a valid email address. You will receive a confirmation email allowing you to join the meeting:https://us06web.zoom.us/webinar/register/WN_kt36EITkQDyvN7QGjwD00g Zoning Administrator - December 15, 2022 Item No. 5c Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) Sincerely, JOSELYN PEREZ Community Development Department Assistant Planner From: Gary Boyles <gboyles@pacbell.net> Sent: December 13, 2022 2:23 PM To: Perez, Joselyn <JPerez@newportbeachca.gov> Cc: Leung, Grace <gleung@newportbeachca.gov> Subject: Liquor Cheaper 103 Palm proposal Joselyn Perez Assistant Planner I am writing in opposition to the proposed liquor store at 103 Palm Ave. Newport Beach. I am the owner of 600 E Oceanfront 2G Newport Beach, CA 92661 which is directly across the street and less than 100 feet from the proposed liquor store known as Liquor Cheaper LLC dba The Boardwalk Wine and Spirits. There are several bars and places to purchase liquor within one block of this address including a decent sized liquor store deli right on the corner of Palm and Balboa Blvd and this location has only two parking spaces plus a public parking which charges to park. The location is conducive to a business that would attract foot traffic. As such, those who purchase from there are most likely to end up at the beach and/or the fire pits. Until the city decides to legalize alcohol on the beach, this will only act as an invitation to violate the no alcohol on the beach ordinance. This proposed size at the location and hours will be unsustainable and will result in further requests to expand the hours then to expand the operation into the office space next door. Since there is no parking, it can be expected that customers will park in the permit only parking spaces at our location across the street at 600 E Oceanfront or will double park while running in for a six pack. Unfortunately, this is a bad location for an alcohol based sells place (Liquor Store) Gary E. Boyles gboyles@pacbell.net (949)466‐9008 Zoning Administrator - December 15, 2022 Item No. 5d Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) Communication received regarding 103 Palm St (PA2021‐266) Thank you, JOSELYN PEREZ Community Development Department Assistant Planner jperez@newportbeachca.gov 949‐644‐3312 ‐‐‐‐‐Original Message‐‐‐‐‐ From: michelle starr <chelestarr@msn.com> Sent: December 14, 2022 5:09 AM To: Perez, Joselyn <JPerez@newportbeachca.gov> Subject: Liquor store [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello. I am and have been a peninsula point resident for 25 years. I am writing in regards to the liquor store that wants to go in on the boardwalk near the balboa pier. We already have a liquor store right in the area and I feel like one is enough! We don’t need to condone more liquor consumption while at the beach! I feel like this would cause more troubles than we already have. There is already a liquor store within 100 feet of the new one that wants to go in! Please consider not allowing this to happen. Thank you. Concerned neighbor Zoning Administrator - December 15, 2022 Item No. 5e Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) 1 From: BECHOK DAVE <bechok@yahoo.com> Sent: December 13, 2022 9:52 PM To: Perez, Joselyn <JPerez@newportbeachca.gov> Subject: RE Liquor Sales at 123 Palm Ave To: Jocelyn Perez, Assistant Planner / Newport Beach From: Dave Bechok Re: Proposal to allow liquor sales at 123 Palm Ave Please accept this as my opposition to the proposal for allowing liquor sales at 123 Palm Ave. I'm an owner/resident at Rendezvous Condominiums which are next door. I've lived there over 23 years. My opposition to the liquor license is due in part to the location which will conceivably lead to after-hours beach use and all the issues that public alcohol consumption often causes --- especially late-night use. We currently have multiple businesses that offer alcohol ranging from restaurants, to a Wine Bar, to a liquor store. This new addition would add another such establishment to what is already an unwarranted surplus. Thank you for your careful consideration on this matter. Dave Bechok 600 East Oceanfront, Unit 3D 949-903-0479 Zoning Administrator - December 15, 2022 Item No. 5f Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) From: harpreet grewal <hapgrewal@yahoo.com> Sent: December 14, 2022 8:07 AM To: Perez, Joselyn <JPerez@newportbeachca.gov> Subject: Protest against Project File no PA2021‐266 proposed Liquor store permit at 103 Palm Street Respected Offcials My name is Harpreet Grewal I am Running nice clean liquor store Bal Harbor Liquor at 510 East Balboa Blvd From last 25 years But I’m saddened to see city is permitting another Liquor store only 300 FEET away from my establishment I’m strongly opposing it it will course me strongly financial Harm If it is a new license issued by ALCOHOL BEVERAGE CONTROL BOARD because Alcohol beverage control only issues a NEW LICENSE if there’s a need to have a new establishment per neighborhoods populations growth But this license is NOT A NEW LICENSE it’s purchased and transferred from Smart & Final City of GARDEN GROVE This is not fair to us it will be harming my livelihood So I’m requesting Do NOT PERMIT this new transfer Liquor store From City of GARDEN GROVE to 300 FEET away from my establishment Thanks sincerely Harpreet Grewal BAL HARBOR LIQUOR 510 EAST BALBOA BLVD NEWPORT BEACH CA 92661 Zoning Administrator - December 15, 2022 Item No. 5g Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) From: Happy Grewal <hapgrewal@icloud.com> Sent: December 14, 2022 8:29 AM To: Perez, Joselyn <JPerez@newportbeachca.gov> Subject: Zoom instructions Request Hi Joselyn this not a New License it’s transferred from city of Garden Grove And can you please send me to Zoom instructions for joining Zoom meeting tomorrow Thanks Harpreet Zoning Administrator - December 15, 2022 Item No. 5g Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) 1 From:Kelly ODonovan <kellyleighodonovan@gmail.com> Sent:December 14, 2022 9:29 AM To:CDD; Perez, Joselyn Subject:The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) I am writing with concerns about the proposed MUP for The Boardwalk Wine & Spirits storefront. My husband and I own a duplex in the 400 block that would be one block from this location and have concerns that this proposed use would quickly become not only a huge nuisance, but a liability to the entire area. The first item that needs to be addressed is the incomplete list of already established ABC licenses. The staff report seems to not mention the license available at 111 Palm Street for an onsite eating establishment. This is a currently closed restaurant, but I believe if leased it could be opened as a bar/restaurant as it was in the past. There is also another onsite sales license at 209 Palm Street for The Class of 47. We also have other restaurants in the Balboa Village area with alcohol permits not listed. This report does not seem complete. I am also concerned there is no mention of the proximity to the fire pits that are less than one block over adjacent to the Balboa Pier Parking lot. Anyone who lives in our neighborhood can provide stories of the late night partying and complete disregard for not only the city rules, but those who live there and even those vacationing in the STL units. In past years we have dealt with constant fireworks, BBQs, and drinking on the beach during the spring and summer months. In the past two years residents call non-emergency constantly for help and typically get no response because the city resources are not available to respond to these types of items quickly enough. I believe some numbers related to calls for the fire pits should also be considered specifically during the peak use times. It seems to me that this liquor store will be in place to serve those at the fire pits. My other major concern is the staffing at this proposed location. The current Balboa Village alcohol establishments are made up predominantly of very well established operators. Bal Harbor Liquor, which is only 175 feet away, has been in business for decades. The owner operator is there almost everyday and has long term employees that have been with him for years. They are all well trained to handle the situations that arise when dealing with a liquor store in a beach area. I often witness situations that would most likely quickly escalate if not being handled by an experienced individual. These are areas where minors constantly try to buy alcohol, where already intoxicated people find themselves, and often a hang out for the homeless. It seems this MUP is being applied under the idea this will be a high end liquor store, but the company applying is “Liquor Cheaper LLC”, which does not give me much confidence that this is true. The requirements do call for all employees to complete a responsible alcohol program within 60 days, but there is no mention that someone who has completed this program be there at all times during operating hours. This is a seasonal area, often establishments hire summer staff that is only there for a few months. Thank you for considering these additional items and I hope that some more attention to this proposal can be researched. Kelly Carlson Zoning Administrator - December 15, 2022 Item No. 5h Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) From: Diana Sigalos <dsigalos@gmail.com> Sent: December 14, 2022 10:58 AM To: Perez, Joselyn <JPerez@newportbeachca.gov> Subject: Notice of Public Hearing/File# PA2021‐266 Dear Planning Division, I’m writing to you regarding the proposal of a new liquor store opening in our area. Project File # PA2021‐266. Applicant: Liquor Cheaper, LLC dba The Boardwalk Wine & Spirits. We already have a liquor store “Bal Harbor” within 100 yards of the new liquor store proposal, at the corner of Balboa Blvd and Palm St. This liquor store has their own parking lot and the new proposed location at 103 Palm Street doesn’t have. The most important against this proposal is promoting the use of liquor among youngsters which is very dangerous for society. Especially with all the young people that come to the beach in this area. This new location doesn’t have their own parking so people could buy and leave (as proposed “no onsite consumption”), it will be for the beach visitors, and it is very disturbing for all residents. This new location is surrounded by apartments and residential. Will be open from 9:00 am to 10:00 pm and will attract young children that like to come to the beach to hangout, currently during daytime including late night hours. It is requested that necessary action may please be taken against opening another liquor shop when we already have 1 within a few yards. Thank you for your time, Anthony and Diana Sigalos 1019 E. Balboa Blvd. Newport Beach, CA 92661 dsigalos@gmail.com Zoning Administrator - December 15, 2022 Item No. 5i Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) From: Alma Nevarez <alma@swiftslipdocks.com> Sent: December 14, 2022 3:18 PM To: Perez, Joselyn <JPerez@newportbeachca.gov> Subject: Regarding Project #PA2021‐266 103 Palm Street Application To whom it may concern, I wish to strongly protest the proposed liquor store (Liquor Cheaper LLC) proposed location on 103 Palm Street, Balbo CA. First and foremost, Balboa Village does not need another alcohol based business. There are currently ten within a two block radius Secondly, there is no parking on the street or behind the building. Third, the area is very family friendly with biker rentals and ice cream parlors. Forth, the residential building that I reside in is directly across Palm Street. We will be adversely affected by late night noise, traffic, litter, loitering, panhandling and potential crime. Any signage will shine directly into a 14 year olds bedroom window. Clearly, Balboa Village does not need another liquor store. The demise of a small town is an expansion of T‐ shirt stores, Tattoo parlors, and liquor stores. A Liquor store at the boardwalk is only good for drinking on the beach (illegal) and drinking on the boardwalk before driving home (illegal). Newport and Pier has a 7‐11, and Balboa Island has a market. Balboa does not need two liquor stores. Please reject the application for Liquor Cheaper LLC. Thank you for your attention to this matter. Sincerely, Tom Swift. 600 E OceanFront 1G Newport Beach, 92661 Zoning Administrator - December 15, 2022 Item No. 5i Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266) My name Lou Corbo. I am a resident of Balboa Peninsula for the last 45 years I am opposed to the approval of minor use permit number PA 202‐1266. The no on‐site parking will cause a hazard of curb parking to go into the store to make a purchase on a one‐way street! But most of all it will become a attractive nuisance for the area With kids riding bikes to school the fun zone the Balboa pier activities of all sorts in the park including but not limited to junior lifeguard the gazebo and other activities that occur in the park this is not a way to enhance that building or the surrounding areas Thank you for your considerationLou Corbo Zoning Administrator - December 15, 2022 Item No. 5i Additional Materials Received The Boardwalk Wine & Spirits Minor Use Permit (PA2021-266)