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HomeMy WebLinkAboutZA2024-033 - DENYING A MINOR USE PERMIT FOR A TYPE 20 (OFF-SALE BEER & WINE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE FOR A TOBACCO RETAIL STORE LOCATED AT 2233 WEST BALBOA BLVD (PA2023-0032)RESOLUTION NO. ZA2024-033 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH DENYING A MINOR USE PERMIT FOR A TYPE 20 (OFF-SALE BEER & WINE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE FOR A TOBACCO RETAIL STORE LOCATED AT 2233 WEST BALBOA BLVD (PA2023-0032) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Glocal 4T, INC. dba Tanar’s Tobacco, with respect to property located at 2233 West Balboa Boulevard, and legally described as Parcel 1 of Parcel Map No. 2007-146, requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow a Type 20 (Off-Sale Beer & Wine) Alcoholic Beverage Control (ABC) license at an existing tobacco retail store. The Type 20 (Off-Sale Beer & Wine) ABC license would allow the existing retail business to sell beer and wine for off-site consumption. No other changes to the operation are requested and no construction is proposed. No on-site consumption of alcohol is proposed as part of the project. 3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (Mixed-Use Water) Coastal Zone District. The project does not represent an intensification of use from the existing tobacco shop and is not considered “development”, therefore, a coastal development permit is not required. 5. A public hearing was held on May 30, 2024, 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. A project which a public agency rejects or disapproves is statutorily exempt and not subject to review under the California Environmental Quality Act (CEQA) pursuant to Article 18, Section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Zoning Administrator Resolution No. ZA2024-033 Page 2 of 3 10-18-21 SECTION 3. REQUIRED FINDINGS. In reviewing a request for a minor use permit for an establishment that sells alcohol, the review authority must make the findings in Section 20.52.020 (F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) and Section 20.48.030(C)(3) (Alcohol Sales – Required Findings) of the NBMC. In this case, the Zoning Administrator has determined the request cannot be granted for the following reasons: 1. The property is located on the peninsula within the McFadden Square area in the Mixed-Use Water 2 (MU-W2) Zoning District of the NBMC and is designated MU-W2 of the Land Use Element of the General Plan. The surrounding properties are developed with both commercial and residential uses. There are 19 establishments with on-sale ABC licenses within the McFadden Square area which is considered an area that is significantly oversaturated with ABC licenses. 2. The Newport Beach Police Department (NBPD) reviewed the proposed application on October 10, 2023, and does not support the request due to the high concentration of existing ABC Licenses in this area. 3. The NBPD reviewed the proposed application again on May 14, 2024, to reevaluate the business after they made significant positive changes. For example, during the applicant’s ABC License process, ABC Agents discovered the applicant was selling items considered to be drug paraphernalia under Section 24200.6 of the Business & Profession Code. Whereas, during a recent site visit, the business was compliant with all laws and all drug paraphernalia had been removed. Although the applicant addressed an objectionable condition of the business, the NBPD continues to not support the project due to the location’s undue concentration pertaining to on-sale and off-sale alcohol licenses. 4. The property is located in the NBPD Reporting District 15 (RD 15), which is the highest crime area in Newport Beach with significant quality-of-life concerns for the residents, as well as the Police Department. The NBPD is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of ABC. These figures make up the “Crime Count.” RD 15’s ABC crime count is 914, which is 805% over the Citywide average crime count of 118. Since this area has at least a 20% greater number of reported crimes than the citywide average number of reported crimes, the area is found to have undue concentration. In comparison, nearby RD 13 is 226% above the citywide average, RD 16 is 94% above, and RD 25 is 111% above. 5. The property is located within census tract 0635.00 that has six off-sale licenses and a per capita ratio of one off-sale license for every 823 residents. Per the Business and Professions code, this ratio must be compared to the per capita ratio of Orange County of one off-sale license for every 1,730 residents. Since the area’s ratio exceeds the ratio of retail licenses to population in the county, the area is deemed to have an undue concentration of off-sale alcohol licenses. Zoning Administrator Resolution No. ZA2024-033 Page 3 of 3 10-18-21 6. The project would increase the burden on police resources and exacerbate current quality-of-life challenges for residents, visitors, and businesses, and would generate additional public safety concerns in RD 15. 7. Due to the type of ABC license requested, the NBPD would be required to submit a determination of Public Convenience or Necessity (PCN) to demonstrate that the business operation will provide a benefit to the surrounding community. Approval of a minor use permit would indicate that the City deems this business as a benefit to the community and, therefore, serves as a PCN. 8. The property is adjacent to residential uses across the street along 23rd Street and the West Oceanfront alley. Additionally, the property is located approximately 270-feet from the beach and the addition of a Type 20 ABC license would not be appropriate within proximity to these uses. 9. Due to the adjacent residential developments, proximity to the beach, and over concentration of off-sale alcohol licenses in the area, the request to add a Type 20 ABC License to the tobacco store would be detrimental to the harmonious and orderly growth of the City, and would 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. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is statutorily exempt from CEQA under Article 18, Section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. 2. The Zoning Administrator of the City of Newport Beach hereby denies the Minor Use Permit filed as PA2023-0032. 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 Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MAY 2024.