HomeMy WebLinkAbout5.0_Tanar's Tobacco Appeal_PA2023-0032
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 22, 2024
Agenda Item No. 5
SUBJECT: Tanar’s Tobacco Appeal (PA2023-0032)
▪ Minor Use Permit
SITE LOCATION: 2233 West Balboa Boulevard
APPELLANT: Glocal 4T Inc
APPLICANT/OWNER: Glocal 4T Inc
PLANNER: Jenny Tran, Associate Planner
949-644-3212 or jtran@newportbeachca.gov
PROJECT SUMMARY
An appeal of the Zoning Administrator’s May 30, 2024, decision to deny 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.
RECOMMENDATION
1) Conduct a de novo public hearing;
2) Find this project exempt from 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 because a
project which a public agency rejects or disapproves is statutorily exempt and not
subject to review under CEQA; and
3) Adopt Resolution No. PC2024-018 affirming the decision of the Zoning Administrator
denying the Minor Use Permit filed as PA2023-0032 (Attachment No. PC 1).
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Tanar’s Tobacco Appeal (PA2023-0032)
Planning Commission, August 22, 2024
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Water 2
(MU-W2)
Mixed-Use Water
(MU-W2) Various commercial uses
NORTH MU-W2 MU-W2 Residential and retail
SOUTH MU-W2 MU-W2 Office and restaurants
EAST MU-W2 MU-W2 Balboa Boulevard, Newport
Boulevard, restaurants, and retail
WEST MU-W2 MU-W2 Residential
Subject Property
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Tanar’s Tobacco Appeal (PA2023-0032)
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INTRODUCTION
Project Setting
The subject property is located on the peninsula on the southern corner of West Balboa
Boulevard and 23rd Street near McFadden Square. This area includes mixed-use
development and eating and drinking establishments, visitor serving retail and
accommodations, and residential uses. The subject property consists of a small shopping
center and surface parking lot developed with several commercial uses including a tattoo
shop, a bicycle rental, and restaurants. The subject suite is an existing tobacco retail
store. The area is a popular location for both residents and visitors to the City and is
approximately 270 feet from the public beach and within proximity to the Newport Pier.
Project Description
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
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.
The existing tobacco shop has been operating since 2012 and is open from 9:00 a.m. to
9:00 p.m., daily. The current business sells tobacco products including specialty cigars,
cigarettes, hookahs, accessories, etc. The existing tenant space is approximately 800
square feet and includes a retail area at the front of the business and an office, storage, and
restroom in the back.
Zoning Administrator Hearing and Decision
The project was heard at a noticed public hearing with the Zoning Administrator on May
30, 2024, online via Zoom. During the hearing, the City provided a brief presentation
discussing the proposed project and location, the required findings that must be made to
approve the project, and the Newport Beach Police Department’s (NBPD) review and
recommendation for the project. Based on the memorandum that the NBPD provided,
staff recommended denial of the application.
Additionally, the applicant and the applicant’s representative provided a presentation that
described their request for a new Type 20 ABC License to allow for the sale of alcohol
(beer and wine) for consumption off-site (i.e. off-sale). The presentation included a
justification for their request, and referenced five resolutions that were adopted by the
Zoning Administrator and/or Planning Commission between 2021 and 2022. Four of the
approvals authorized on-sale alcohol sales (i.e. onsite consumption) and one
establishment (Rye Bakery) was approved with both on-sale and off-sale ABC Licenses.
The applicant’s representative indicated that the Applicant’s business should not be
penalized based on the alcohol and crime statistics provided by the NBPD and felt that
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Tanar’s Tobacco Appeal (PA2023-0032)
Planning Commission, August 22, 2024
Page 4
the establishments with on-sale ABC Licenses contribute to the high crime statistics as
much as the existing establishments with off-sale ABC Licenses.
Wendy Joe, Civilian Investigator with the NBPD stated that the Chief of Police is
concerned with additional alcohol licenses in the subject Reporting District (RD 15) and
census tract, but especially within this specific neighborhood by McFadden Square.
Civilian Investigator Joe also indicated that the NBPD has been making efforts to reduce
the number of off-sale ABC Licenses in Newport Beach to further prevent the ability to
purchase and take alcohol onto the public beach.
A member of the public, Jim Mosher, spoke and stated that he appreciated staff
recommendation and thought that the City should be more mindful of the alcohol licenses
approved.
After considering all public comments and findings, both written and oral, the Zoning
Administrator adopted Resolution No. ZA2024-033 denying Minor Use Permit (PA2023-
0032). The minutes from this hearing are included as Attachment No. PC 5.
Zoning Administrator Appeal
On June 11, 2024, the applicant, Yalcin Tanar of Glocal 4T Inc., filed a timely appeal of
the Zoning Administrator’s decision citing six factors for the appeal: misinterpretation of
crime statistics, overemphasis on saturation of ABC licenses, inconsistency with similar
approvals, community support, limited availability of off-sale licenses, and mitigating
measures to address concerns. The appeal describes the Applicant’s concerns with the
statistics provided by the NBPD and fairness in decision making for the applicant
compared to other establishments in the City. The appeal also states that the applicant is
willing to comply with additional measures such as increasing security and limiting hours
for alcohol sales. The appeal application is included as Attachment No. PC 2.
Pursuant to Section 20.64.030(C)(3) (Conduct of Hearing), a public hearing on an appeal
is conducted “de novo,” meaning that it is a new hearing. The prior decision of the Zoning
Administrator to deny Minor Use Permit (PA2023-0032) has no force or effect. The
Planning Commission is not bound by the Zoning Administrator’s prior decision.
DISCUSSION
General Plan and Zoning
The property is categorized as MU-W2 (Mixed-Use Water 2) by the General Plan Land
Use Element and is located within the MU-W2 Zoning District, which is applied to
waterfront locations in which marine-related uses may be intermixed with buildings that
provide residential on the upper floors. The existing tobacco store is a general commercial
use that serves visitors, residents, and employees in the City that is allowed by right. The
proposed addition of alcohol sales, however, requires the approval of a minor use permit.
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Planning Commission, August 22, 2024
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Local Coastal Plan
The property is located in the MU-W (Mixed-Use Water Related) Coastal Land Use Plan
category and the MU-W2 (Mixed-Use Water) Coastal Zoning District, which applies to
waterfront properties in which marine-related uses may be intermixed with general
commercial, visitor-serving commercial and residential dwelling units on the upper floor.
The proposed addition of alcohol sales does not involve any construction, nor does it
result in the intensification of use, and is therefore exempt from requirements of a coastal
development permit.
Minor Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
of the NBMC, the Planning Commission must make the following findings for approval of
a minor use permit:
1. The use is consistent with the General plan and any applicable Specific Plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4. 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; and
5. 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.
The property is adjacent to residential uses across 23rd Street and the West Oceanfront
alley and located approximately 270 feet from the beach. As discussed in more detail
below, 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.
Alcohol Sales Findings
The applicant is proposing to add a Type 20 ABC license to an existing tobacco store and
Section 20.48.030 (Alcohol Sales) of the NBMC requires the Planning Commission to
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Tanar’s Tobacco Appeal (PA2023-0032)
Planning Commission, August 22, 2024
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consider impacts to adjacent uses and proximity to existing alcohol sales, both for on-site
and off-site consumption. The Planning Commission must find that:
1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales) of the Zoning Code.
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
c. 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.
d. The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
e. Whether or not the proposed amendment will resolve any current objectionable
conditions.
As part of the project review, 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 (Attachment No. PC 7).
The NBPD reviewed the proposed application again on May 14, 2024, to reevaluate the
business after they made significant positive changes (Attachment No. PC 8). 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. They also stated that added access to alcohol in the
immediate area would increase current quality of life challenges for the residents, visitors,
and businesses, and would generate additional public safety concerns in this already
impacted Reporting District. Preventing alcohol consumption on public beaches or pier
areas is crucial for maintaining public safety, cleanliness, and community enjoyment.
Access to alcohol and excessive drinking generally increases the risk of accident, injury
and disruptive behaviors such as littering, public urination, loitering, assault, and
vandalism. These increases create a greater burden on police and lifeguard resources as
well as other city services and diminishes the experience for beach goers and area
visitors. By enforcing restrictions on alcohol, the City can promote a safer atmosphere,
ensuring that these public spaces remain welcoming and enjoyable for everyone.
Response to Appeal
The applicant filed an appeal on June 11, 2024, based on the following reasons:
misinterpretation of crime statistics, overemphasis on saturation of ABC Licenses,
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Tanar’s Tobacco Appeal (PA2023-0032)
Planning Commission, August 22, 2024
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inconsistency with similar approvals, community support, limited availability of off-sale
licenses, and mitigating measures to address any remaining concerns (Attachment No.
PC 2). Subsequently, on July 23, 2024, the applicant provided an additional narrative
documenting their reasoning for the appeal, which reiterated and expanded upon the
points made in the original appeal application (Attachment No. PC 3).
On August 5, 2024, the NBPD provided a response to the applicant’s appeal (Attachment
No. PC 9). The following sections provide a response to the applicant’s statements
identified in their appeal letters.
Inconsistency with Similar Approvals
The Applicant asserted that the City has history of approving ABC licenses within the
subject Reporting District, RD 15. Specifically, the applicant stated in 2021, the Zoning
Administrator adopted Resolution No. ZA2021-014 approving a minor use permit to allow
a Type 20 ABC License for a boutique retail wine shop within the Cannery Village area of
the Peninsula. The operation did not allow for on-site tastings or food to be served. At the
time the Type 20 ABC License was approved for the boutique retail wine shop, Resolution
No. ZA2021-014 stated that the property is approximately 600 feet from the nearest park
and 500 feet from the nearest church. Additionally, the property is approximately 1,400
feet from the public beach where there is an increased risk of alcohol related crime. The
NBPD stated that the location is in a residential neighborhood with little foot traffic and
intended to be a small satellite shop of a neighboring restaurant.
Furthermore, in 2022, the Zoning Administrator adopted Resolution No. ZA2023-017 that
approved an amendment to the minor use permit to remove the Type 20 ABC License
and, instead, allow a Type 41 (On-Sale Beer & Wine – Eating Place) and Type 58
(Caterer’s Permit) ABC License for a private dining room in conjunction with an existing
restaurant to replace the boutique retail wine shop. This amendment is consistent with
the NBPD’s effort to limit the number of off-sale ABC Licenses in RD 15.
Additionally, the applicant referenced Resolution No. PC2021-033 adopted by the
Planning Commission that approved a minor use permit to allow a Type 47 (On-Sale
General – Eating Place) ABC License for a new eating and drinking establishment. This
approval, as well as other approvals in the City for on-sale ABC Licenses, are different in
nature to off-sale ABC Licenses since they are typically operated in conjunction with a
restaurant where patrons are to consume alcohol on the premises and are not able to
purchase alcohol and consume it on public beaches or other public areas in the City. The
NBPD stated that the referenced application was for a family restaurant in Lido Marina
Village, a business complex with 24/7 security guards.
Currently there are only five off-sale ABC Licenses in the subject property’s census tract
as shown in Table 1 below:
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Tanar’s Tobacco Appeal (PA2023-0032)
Planning Commission, August 22, 2024
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Table 1 – Existing Off-Sale ABC Licenses in Census Tract No. 635
Business Name Address License Type Original Issue
Date
Pavillions 3100 West Balboa
Boulevard
Type 21 (Off-
Sale General) November 27, 1984
7-Eleven 1920 West Balboa
Boulevard Type 20 July 1, 1988
Bal-Port Liquors 4521 West Coast
Highway Type 21 December 21, 1989
Sportsman’s Liquor 2615 Newport
Boulevard Type 21 December 11, 1992
Road Trip Wines
(Internet Sales Only)
2912 Lafayette
Avenue Type 20 July 31, 2020
Misrepresentation of Crime Statistics
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.
Although these reported crimes are caused by a variety of reasons, RD 15 has a
significantly higher crime rate than other areas in the City, many of which are attributed
to alcohol related crimes and further exacerbated by the subject property’s proximity to
the beach and pier. The NBPD provided a breakdown of calls for service for 2022 and
2023 for each existing location with an off-sale ABC License as well as the subject
property (Table 2). Limiting the number of off-sale licenses in this area around McFadden
Square where there is a high concentration of crime is necessary to prevent additional
opportunities for visitors to this area to easily access alcohol that can be taken onto the
public beach.
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Planning Commission, August 22, 2024
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Table 2 – Calls for NBPD Service
Business Name Address 2022 Calls for
Service
2023 Calls for
Service
Tanar’s Tobacco
(Subject Property)1
2233 West Balboa
Boulevard 19 17
Pavillions 3100 West Balboa
Boulevard 140 113
7-Eleven 1920 West Balboa
Boulevard 164 115
Bal-Port Liquors 4521 West Coast
Highway 25 24
Sportsman’s Liquor 2615 Newport
Boulevard 46 37
Road Trip Wines
(Internet Sales Only)
2912 Lafayette
Avenue 1 2
1 Calls for Services are for all suites at 2233 West Balboa Boulevard.
The calls for service at the subject property are lower than the properties with off-sale
ABC Licenses and the NBPD is of the opinion that adding alcohol to this location will likely
increase the calls for service, thus increasing the existing burden on police services.
Limited Availability of Off-Sale Licenses
This census tract currently has five off-sale ABC Licenses as shown in Table 1. However,
two of the off-sale licenses belong to national retail chains (Pavillions and 7-Eleven) and
one to an online-only store (Road Trip Wines). Pavillions sells alcohol as an accessory
sale use where the display area for alcoholic beverages does not exceed 30% of the net
floor area and is allowed by right. The other retail chain is 7-Eleven with an existing Type
20 ABC License that was issued in 1988, and any upgrades to this ABC License will
require approval of a minor use permit. Four of those five off-sale licenses were issued
between 1984 and 1992 which further points to the trend of the NBPD preventing new
off-sale ABC licenses within this census tract. The fifth off-sale ABC license was issued
in 2020 to a business that operates online with a wholesaler’s license and does not require
a use permit to operate. This business does not directly contribute to the ability and
opportunity to purchase alcoholic beverages and consume it on public beaches or other
public areas on the peninsula. The limitation of off-sale licenses is part of the NBPD’s
ongoing effort to reduce the ability for residents and visitors to the City to purchase and
consume alcohol within proximity to the public beach and public areas with heavy foot
traffic.
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Planning Commission, August 22, 2024
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Mitigating Measures
The applicant offered additional measures that the business can take to ensure that the
alcohol sales are limited to reduce the impact to the surrounding area. This includes
reducing the volume of alcohol that the business can sell and limiting the hours of
operation to prevent late hour sales of alcohol. Further, the applicant states that significant
steps have been taken to upgrade the security system to ensure a safe environment for
both customers and the surrounding community. However, as previously stated, creating
a new opportunity for visitors to this area to access alcohol that could be taken onto the
public beach and around public areas of the City creates a risk for increased crime that
the NBPD does not support.
Community Support
During the Zoning Administrator Hearing on May 30, 2024, no public correspondence was
submitted that either supported or opposed the request. However, one member of the
public, Jim Mosher, was present during the public hearing and expressed that he
appreciated staff’s recommendation and thought that the City should be more mindful of
alcohol licenses allowed in the City. This comment is reflected in the Minutes of the Zoning
Administrator Hearing (Attachment No. PC 5).
Summary and Alternatives
In conclusion, staff is unable to make all the required findings to approve the minor use
permit, especially regarding the findings related to alcohol sales. The property is located
in an area with high crime statistics that is in proximity to the public beach and residential
development and the Type 20 ABC License is not compatible with the area. Furthermore,
the City has historically prevented new off-sale ABC Licenses that would increase the
ability for residents and visitors to purchase and consume alcohol on the public beach
and public areas of the City. Staff believes the findings for approval cannot be made to
support the proposed project and the factors for consideration are presented in the draft
Resolution (Attachment No. PC 1). The following alternative is available to the Planning
Commission should they feel the facts are not in evidence to uphold and affirm the Zoning
Administrator’s decision for denial:
1. The Planning Commission may suggest specific conditions of approval or
operational changes that are necessary to alleviate concerns. The item should be
continued to a future meeting to allow a revised draft Resolution with appropriate
conditions of approval for the project.
Environmental Review
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
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Tanar’s Tobacco Appeal (PA2023-0032)
Planning Commission, August 22, 2024
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Article 18, Section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3.
Public Notice
Notice of this hearing 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
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, 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.
Prepared by:
_________________________
Jenny Tran
Associate Planner
Submitted by:
LAW/jt
ATTACHMENTS
PC 1 Draft Resolution No. PC2024-018
PC 2 Appeal Application dated June 11, 2024
PC 3 Applicant Justification for Appeal dated July 23, 2024
PC 4 Resolution No. ZA2024-033 adopted on May 30, 2024
PC 5 Minutes of Zoning Administrator Hearing from May 30, 2024
PC 6 Zoning Administrator Staff Report from May 30, 2024
PC 7 Police Department Memorandum dated October 10, 2023
PC 8 Police Department Memorandum dated May 14, 2023
PC 9 Police Department Memorandum Response to Appeal dated August 5, 2024
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Attachment No. PC 1
Draft Resolution No. PC2024-018
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RESOLUTION NO. PC2024-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH UPHOLDING THE ZONING
ADMINISTRATOR’S DENIAL OF A MINOR USE PERMIT FOR A
TYPE 20 (OFF-SALE BEER & WINE) ALCOHOLIC BEVERAGE
CONTROL (ABC) LICENSE FOR AN EXISTING TOBACCO
RETAIL STORE LOCATED AT 2233 WEST BALBOA
BOULEVARD (PA2023-0032)
THE PLANNING COMMISSION 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 (“Applicant”), with respect
to property located at 2233 West Balboa Boulevard, and legally described as Parcel 1 of
Parcel Map No. 2007-146 (“Property”).
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 (“Project”).
3. The Property is categorized as Mixed-Use Water 2 (MU-W2) by the General Plan Land
Use Element and is located within the Mixed-Use Water 2 (MU-W2) Zoning District.
4. The 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 (MU-W2)
Coastal Zone District. The Project does not represent an intensification of use from the
existing tobacco shop (i.e. retail use) and is not considered “development;” therefore, a
coastal development permit is not required.
5. A public hearing before the Zoning Administrator was held on May 30, 2024. A notice of
the time, place, and purpose of the hearing was given in accordance with California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62
(Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both
written and oral, was presented to, and considered by, the Zoning Administrator at this
hearing.
6. The Zoning Administrator adopted Resolution No. ZA2024-033 denying PA2023-0032
to allow a minor use permit for a Type 20 (Off-Sale Beer & Wine) ABC License.
7. On June 11, 2024, the Applicant filed a timely appeal of the Zoning Administrator’s
decision citing six factors: misinterpretation of crime statistics, overemphasis on
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Planning Commission Resolution No. PC2024-018
Page 2 of 6
10-18-21
saturation of ABC licenses, inconsistency with similar approvals, community support,
limited availability of off-sale licenses, and mitigating measures to address concerns.
8. A public hearing was held by the Planning Commission on August 22, 2024, in the City
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this public 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 California Code of Regulations, Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”).
SECTION 3. REQUIRED FINDINGS.
In reviewing a request for a minor use permit for an establishment to obtain an ABC license,
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 Planning Commission’s decision shall be
based on consideration of the following findings, all of which are required for an approval:
Minor Use Permit
Findings:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
4. 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; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor 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.
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Planning Commission Resolution No. PC2024-018
Page 3 of 6
10-18-21
Alcohol Sales
6. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales)
of the Zoning Code;
i. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
iii. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, place of worship, schools, other
similar uses, and any uses that attract minors.
iv. The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
Facts in Support of Findings:
In considering the above required findings, specifically whether the Type 20 (Off-Sale Beer &
Wine) ABC license is compatible with the allowed uses in the vicinity and whether the Project
is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC,
the Planning Commission is unable to make all required findings to approve the Project. The
Planning Commission’s decision is based on the following facts:
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 in the
Land Use Element of the General Plan. This area is developed with mixed-used
development with surrounding land uses that include eating and drinking
establishments, visitor serving retail and accommodations, and residential uses. The
Property has an existing retail business that is located within a small shopping center
developed with several commercial uses including a tattoo shop, a bicycle rental shop,
and restaurants. The area is a popular location for both residents and visitors to the city
within 270 feet from the public beach and in close proximity to the Newport Pier.
2. In making the findings for alcohol sales pursuant to Section 20.48.030 (Alcohol Sales)
of the NBMC, the Newport Beach Police Department (“NBPD”) provides statistics
related to crime rates, proximity to residential zoning districts and other uses that attract
minors, and proximity to other establishments selling alcoholic beverages. The NBPD
reviewed the Project on October 10, 2023, and does not support the request due to the
high crime rate and concentration of existing ABC licenses in this area.
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Planning Commission Resolution No. PC2024-018
Page 4 of 6
10-18-21
3. Per the Applicant’s request, the NBPD reviewed the Project again on May 14, 2024, to
reevaluate the business after they made significant positive changes. For example,
during the Applicant’s ABC Licensing process, ABC Agents discovered the Applicant
was selling items considered to be drug paraphernalia under Section 24200.6
(Suspension and Revocation of Licenses) of the California Business & Profession Code.
However, during a recent site visit, the business was compliant with all laws and all drug
paraphernalia had been removed. Although the Applicant addressed certain
objectionable conditions of the business, the NBPD continues to oppose the Project due
to the location’s concentration of on-sale and off-sale alcohol licenses and the type of
ABC License being requested.
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 ABC. RD 15’s ABC crime count is 914, which is 805% over
the citywide average crime count of 118. When an 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 an undue concentration of criminal activity. 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 which has five Type 20 (Off-Sale
Beer & Wine) ABC licenses and a per capita ratio of one off-sale license for every 823
residents. Per the California 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.
6. The Applicant stated that the denial is inconsistent with approvals of similar licenses in
the City. Conversely, the NBPD has consistently recommended a decrease in the
number of off-sale alcohol licenses within RD 15, especially within this area of RD 15
(i.e. McFadden Square). The City has historically approved requests in the area for on-
sale licenses, typically in conjunction with eating and drinking establishments such as
restaurants, that do not allow for patrons to take alcoholic beverages off the premises
and onto the beach or surrounding areas. However, the City has not approved any new
off-sale licenses within RD 15 since 2021 for a retail wine shop on a property that is
approximately 1,400 feet from the public beach separated by Newport Boulevard,
Balboa Boulevard, and several blocks of residential and mixed-use development.
Additionally, in 2022, this off-sale license was removed and replaced with a Type 41
(On-Sale Beer & Wine – Eating Place) and Type 58 (Caterer’s Permit) ABC License for
a restaurant in place of the retail wine shop. This effort to limit off-sale licenses thereby
reduces opportunities for alcohol to be purchased and consumed on the public beaches
and other public areas on the peninsula.
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Planning Commission Resolution No. PC2024-018
Page 5 of 6
10-18-21
7. The Applicant stated that there are only five off-sale ABC licenses in the subject census
tract. However, two of the off-sale licenses belong to national retail chains and one to
an online-only store. One of these retail chains is Pavillions, which sells alcohol as an
accessory sale use which is permitted when the display area for alcoholic beverages
does not exceed 30% of the net floor area. The other retail chain is 7-Eleven which has
held an existing Type 20 (Off-Sale Beer & Wine) ABC licenses since 1988, and any
upgrades to this ABC License will require approval of a minor use permit. Four of the
five off-sale licenses noted by the Applicant were issued between 1984 and 1992 which
further points to the trend of the NBPD preventing new off-sale ABC licenses within this
census tract. The fifth off-sale ABC license was issued in 2020 to a business that
operates online with a wholesaler’s license and does not require a use permit to operate.
This business does not directly contribute to the ability and opportunity to purchase
alcoholic beverages and consume it on public beaches or other public areas on the
peninsula.
8. There are only five existing off-sale ABC licenses in the subject census tract. As
previously stated in Fact in Support of Finding No. 6, although there has been a
decrease of one off-sale ABC license, this does not create a precedent for a new off-
sale ABC license to take its place as the NBPD continues to make efforts to prevent new
(and reduce existing) off-sale licenses within this area.
9. 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.
10. Due to the type of ABC license requested and the concentration of existing ABC
Licenses in the subject census tract, the NBPD would be required by the ABC 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.
11. The Property is adjacent to residential uses across 23rd Street and the West Oceanfront
alley. Additionally, the Property is located approximately 270 feet from the beach. 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 (Off-Sale Beer &
Wine) 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.
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Planning Commission Resolution No. PC2024-018
Page 6 of 6
10-18-21
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
statutorily exempt from CEQA pursuant to Section 15270 of the CEQA Guidelines because
the Project has been denied.
2. The Planning Commission of the City of Newport Beach hereby upholds and affirms the
Zoning Administrator’s denial of a 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 22ND DAY OF AUGUST, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
____________, Chair
BY:_________________________
___________, Secretary
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Attachment No. PC 2
Appeal Application dated June 11, 2024
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Attachment No. PC 3
Applicant Justification for Appeal dated July
23, 2024
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Appeal Application
Appeal Reason:
The Applicant, Glocal 4T, Inc. (dba Tanar’s Tobacco), is appealing the decision made by the
Zoning Administrator on May 30, 2024, regarding the denial of the Minor Use Permit
(PA2023-0032) for a Type 20 (Off-Sale Beer & Wine) Alcoholic Beverage Control (ABC) license
for Tanar’s Tobacco. The Applicant believes the denial was not warranted based on the
following reasons:
1.Inconsistency with Similar Approvals:There may be inconsistencies in the approval
process for similar licenses within the same and/or comparable districts. Since 2021,
City of Newport Beach approved, at least, four new alcohol licenses including Type 20’s
and Type 47’s in the same Reporting District, RD 15, and census track, 0.635.00. Prior
resolutions acknowledge that RD 15 historically has been a district with
overconcentration of licenses and high crime rates due to the high concentration of
commercial land uses, however, this has not been a deterrent for the City in the past.
Prior projects were granted similar permits despite the fact that similar findings applied.
For example, in 2021, according to the Resolution ZA2021-014, the Zoning Administrator
approved Minor Use Permit No. UP2021-003 for a boutique retail wine shop with a Type
20 ABC license (off-sale beer and wine) in the same reporting district (RD 15) as the
Applicant. Despite similar crime statistics and area characteristics, the Applicant’s permit
has been denied. The approval of the Minor Use Permit No. UP2021-003 permit, despite
high crime statistics in the reporting district, contradicts the denial of our permit under
similar conditions.
Additionally, in 2021, the Planning Commission approved Minor Use Permit No.
UP2021-029 for eating and drinking establishment with a Type 47 in the same reporting
district (RD 15) as the Applicant. Despite similar crime statistics and area characteristics,
the Applicant’s permit has been denied. The approval of Minor Use Permit No.
UP2021-029 permit indicates that the crime statistics alone were not a determining
factor. The City stated “while the area does have a high concentration of alcohol
licenses, the findings can be made despite higher concentrations of crimes'', according
to the Resolution No PC2021-033. Further, the City acknowledged the higher crime rates
but proceeded with approval due to the operational scope and conditions of approval,
including the Newport Beach Police Department's (NBPD) assessment that they did not
“anticipate an increase in crime or alcohol-related incidents with the approval of this
application”. This is contradictory to the NBPD’s statement in their Memorandum issued
to the Applicant stating the addition of the Type 20 license 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”. Similarly, the Applicant’s proposed project includes stringent operational conditions
to mitigate potential impacts reinforcing the argument that the anticipated impact on
crime should be similar and manageable.
31
The denial of this permit, given the approval of similar licenses in the same or similar
districts, may be viewed as unjust in light of these precedents and raises concerns about
consistency and fairness in the decision-making process. Highlighting these points, aims
to underscore the need for a consistent and equitable approach in the evaluation and
approval of permits, ensuring that similar applications are treated with the same criteria
and fairness. The approval of similar permits in the same reporting district, despite
similar statistical concerns, should set a precedent for the approval of our permit as well.
The assertion that the area is oversaturated with ABC licenses does not inherently mean
that the Applicant’s business would contribute negatively to the community. The
Applicant’s business model and operational conditions are designed to serve a niche
market responsibly. Denying the Applicant’s permit based on saturation alone overlooks
the potential for the business to operate without exacerbating existing conditions.
2.Misrepresentation of Crime Statistics: As stated in the NBPD report, there are 65
on-sale licenses which make up 93% of the ABC licenses in RD 15; there are 6 off-sale
licenses (as of July 15, 2024, there are only 5 off-sale licenses) which make up 7% of
the ABC licenses in RD 15. Given this proportionality in the license types, the crime
statistics rely heavily on the activity generated by the on-sale licenses. The assumption
that the 7% of the license-holders are the root-cause of crime in RD 15 is an unfair
assumption. It is unjust to deny the permit based on broader crime data without specific
evidence that existing off-sale alcohol establishments are contributing to these statistics.
The Applicant believes a more nuanced analysis is required to accurately demonstrate
that the addition of the Type 20 license 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” as claimed by the NBPD
in their report.
Further, the Zoning Administrator's decision cited crime statistics for RD 15 without
directly linking these statistics to the sale of alcohol at the Applicant’s location. In fact,
NBPD’s 2023 Crime and Alcohol-related Statistics report, incorrectly state that the
Applicant’s business has 1 active on-sale license. There are no active ABC licenses
associated with the Applicant’s property and therefore, the three ABC related-crimes can
not be attributed to the Applicant’s business, unless proven otherwise.
The Balboa Peninsula is generally characterized by a high number of visitors and is
considered one of the most significant tourist areas of the City. It also contains a large
commercial center known as The Landing at 32nd Street and Lido Marina Village which
were designed to accommodate multiple restaurants, bars and retail establishments. The
higher crime rate in RD 15 is largely due to the number of visitors to the Balboa
Peninsula, the high concentration of restaurants, and the high ratio of non-residential to
residential uses. While the license-to-resident ratio is higher than average, these
businesses uphold the local economy in this area. The Applicant's business is a tobacco
store that has been operating at this location for over a decade. The business is subject
to stringent regulations due to the nature of the tobacco industry, yet has not been in
32
violation of their license to date nor has it materially contributed to the crime statistics of
this area. Coupled with its operational characteristics and early closing hours, it can be
anticipated that it will not materially contribute to the crime statistics.
3.Limited Availability of Off-Sale Licenses: There are currently only five off-sale
licenses in the area, two of which belong to national chains and one to an online-only
store. In the current state, there is limited competition against the national chains in the
area. Furthermore, the existing off-sale license holders are not subject to any operating
conditions which places new applicants at a significant disadvantage. It is an unfair ask
to not impose any operating conditions on the legacy license holders yet place the
burden of crime statistics on the new businesses as an obstacle. This burden is further
exacerbated by the presence of 65 on-sale license holders in the area that contribute
significantly to the crime statistics.
License #License
Type
Premises
Address
Business
Name
Census
Tract
Original
Issue Date
Distance
from
Premises
Operating
Conditions
501652 21-Off
Sale
General
3100 W
Balboa Blvd,
Newport
Beach, CA
92663
Vons 3005 635.00 11/27/1984 0.4 miles None
650375 21-Off
Sale
General
2615 Newport
Blvd, Newport
Beach, CA
92663
Sportsman
Liquor
635.00 12/11/1992 0.2 miles None
655909 21-Off
Sale
General
4521 W
Coast Hwy,
Newport
Beach, CA
92663
Balport
Liquor
635.00 12/21/1989 1.1 miles None
656565 20-Off
Sale
Beer &
Wine
1920 W
Balboa,
Newport
Beach, CA
92663
7 Eleven
Store
177334C
635.00 07/01/1988 0.2 miles None
616983 20-Off
Sale
Beer &
Wine
2912
Lafayette
Ave, Newport
Beach, CA
92663
Roadtrip
Wines
635.00 7/31/2020 0.4 miles Internet sales
only to be
held in
conjunction
with
wholesaler
license
33
4.Mitigating Measures:The addition of the Type 20 License will enable the Applicant to
offer complementary products to its customers. This license is intended to be an ancillary
addition to the existing tobacco license, helping to recuperate losses caused by recent
tobacco regulations limiting the sale of certain products in the state of California. The
addition of the Type 20 License does not indicate a shift in the Applicant’s business
model but rather an expansion. The business will continue to operate primarily as a
tobacco retail store, with approximately 20% of its square footage dedicated to the sale
of wine and beer. The designated square footage is not designed to carry significant
volumes, especially compared to the two national chains cited above, which results in
controlled sale of wine and beer.
Furthermore, the Applicant will not provide any entertainment or space for lounging,
ensuring that its primary function remains retail. The business hours are from 9:00 AM to
9:00 PM, Monday through Sunday, which limits any potential for nighttime disturbances.
These hours are consistent with, if not earlier than, the closing times of other alcohol
license holders in the area.
To address security concerns, the Applicant has taken significant steps to upgrade its
security system, ensuring a safe environment for both customers and the surrounding
community. Additionally, the Applicant has committed to implementing the recommended
conditions of approval provided by the NBPD and is open to adopting further mitigating
measures within reason, as needed. This proactive approach demonstrates the
Applicant’s commitment to operating responsibly and addressing any potential issues
preemptively.
In conclusion, the addition of the Type 20 License will allow the Applicant to expand its
product offerings without altering its core operation as a tobacco retail store. The
Applicant’s existing positive track record and adherence to stringent regulations,
upgraded security measures, and willingness to implement additional conditions
underscore a dedication to community safety and regulatory compliance.
5.Community Support: Notably, no community members contested the permit at the
public hearing, indicating community support or at least a lack of opposition. This
community acceptance should be a significant consideration in the permit approval
process.
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Attachment No. PC 4
Resolution No. ZA2024-033 adopted on
May 30, 2024
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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.
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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.
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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.
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Attachment No. PC 5
Minutes of Zoning Administrator Hearing
from May 30, 2024
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Page 1 of 3
NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
ZOOM
THURSDAY, MAY 30, 2024
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m.
Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator
Jenny Tran, Assistant Planner
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF MAY 16, 2024
Zoning Administrator Zdeba noted that written comments had been provided by Jim Mosher suggesting several
small changes to the minutes. He agreed with all suggestions with exception of one, which appeared to
introduce a typo into the record.
Action: Approved as amended
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Tanar’s Tobacco Minor Use Permit (PA2023-0032)
Site Location: 2233 West Balboa Boulevard Council District 1
Jenny Tran, Assistant Planner, provided a brief description stating that the project is a request to establish a
Type 20 (Off-Sale Beer and Wine) Alcoholic Beverage Control (ABC) License at an existing retail tobacco store.
Assistant Planner Tran explained that, to approve the project, the facts in support of finding must be made for
the Minor Use Permit, as well as the findings required for alcohol sales which relies on recommendations from
the Newport Beach Police Department (NBPD). Assistant Planner Tran indicated that the NBPD was not in
support of the project and, due to the location and high concentration of alcohol licenses and crime count, staff
was unable to make the findings needed for approval and therefore recommended denial of the application.
Zoning Administrator Zdeba opened the public hearing.
Mike Ayaz of Blake & Ayaz, on behalf of the Owner, provided a presentation. He shared some background on
the Owner and discussed some of the past alcohol licenses that the City has approved both in the subject
property’s census tract and in the City as a whole. Mr. Ayaz also indicated that the Owner had been operating
the business for over 13 years and should not be penalized by the alcohol and crime statistics provided by the
NBPD and felt the recommendation for denial was not the appropriate decision. He noted that the on-sale
establishments are part of the problem and that it is not necessarily the off-sale establishments. Lastly, he
questioned the crime statistics used by the NBPD in evaluating the request.
Mila Tanar, a family member of the Owner, provided personal background of the business and further indicated
that the changes in tobacco policies in California have made it difficult for the business to continue and the
alcohol license would provide an additional service for the business.
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MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/30/2024
Page 2 of 3
Jim Mosher, a member of the public, appreciated staff’s recommendation and thought the City should be more
mindful of the alcohol licenses.
Zoning Administrator Zdeba closed the public hearing.
Zoning Administrator Zdeba asked Wendy Joe, a Civilian Investigator with the NBPD, to provide additional
information on the recommendation. Civilian Investigator Joe indicated that the Chief of Police is concerned
with additional alcohol licenses not only within this Reporting District and census tract, but also within this
specific neighborhood. The NBPD is working to lessen the amount of off-sale alcohol licenses in Newport
Beach and to further prevent the ability to take alcohol onto the public beach. In response to Zoning
Administrator Zdeba’s inquiry, Civilian Investigator Joe discussed the use of crime statistics in evaluating
alcohol-related requests and confirmed that the process for the NBPD’s review has been consistent for many
years.
In response to Zoning Administrator Zdeba’s inquiry, Assistant Planner Tran confirmed that both NBPD memos
that were provided were sent to the applicant after they were received in October 2023, and again in May 2024.
The crime statistics were included and the lack of support from the NBPD was communicated both times.
Zoning Administrator Zdeba expressed surprise that the crime statistics were only being called into question
now at the hearing and that they were not explored earlier on in the application process prior to the matter
coming forward to the Zoning Administrator.
Seeing that Mr. Ayaz wished to speak again, Zoning Administrator Zdeba reopened the public hearing.
Mr. Ayaz indicated he was only recently retained by the Owner. He was curious as to why new off-sale licenses
had historically not been approved in this area, but new on-sale licenses are continuously being approved. He
felt these decisions were not appropriate and, once again, expressed that his client is being singled-out for a
more widespread problem.
Zoning Administrator Zdeba closed the public hearing.
Zoning Administrator Zdeba stated his appreciation for the applicant’s efforts to provide a draft approval
resolution for consideration. However, he indicated that the example resolutions brought forward along with the
draft approval resolution were fundamentally different, as they were related to existing restaurants and were
also for different areas within the City that were not as impacted as the subject neighborhood. He further
clarified that the decision is not based on whether the Owner is a good business owner or not, rather the
decision is tied to the land. He informed Mr. Ayaz and the Owner that the Zoning Administrator’s decision is
appealable to the Planning Commission within 14 calendar days of the decision.
Action: Denied
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
One member of the public, Jim Mosher appreciated the Zoning Administrator’s attention to his written
comments on the draft minutes of May 16, 2024. He noted the first edit made was an error on his part, as he
did not intentionally mean to add the “s” before “Industrial”.
VI. ADJOURNMENT
The hearing was adjourned at 10:55 a.m.
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MINUTES OF THE MEETING OF THE
NEWPORT BEACH ZONING ADMINISTRATOR 05/30/2024
Page 3 of 3
The agenda for the Zoning Administrator Hearing was posted on May 23, 2024, at 1:50 p.m. on the
digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive
and on the City’s website on May 23, 2024, at 1:49 p.m.
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Attachment No. PC 6
Zoning Administrator Staff Report from
May 30, 2024
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CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 30, 2024
Agenda Item No. 2
SUBJECT: Tanar’s Tobacco (PA2023-0032)
▪ Minor Use Permit
SITE LOCATION: 2233 West Balboa Boulevard
APPLICANT: Glocal 4T Inc
OWNER: Glocal 4T Inc
PLANNER: Jenny Tran, Assistant Planner
949-644-3212 or jtran@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)
• Zoning District: Mixed-Use Water (MU-W2)
• Coastal Land Use Plan Category: Mixed-Use Water Related (MU-W)
• Coastal Zoning District: Mixed-Use Water (MU-W2)
PROJECT SUMMARY
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.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from 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
because a project which a public agency rejects or disapproves is statutorily
exempt and not subject to review under CEQA; and
3) Adopt Draft Zoning Administrator Resolution No. _ denying the Minor Use Permit
filed as PA2023-0032 (Attachment No. ZA 1).
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DISCUSSION
• The property is located on the peninsula on the southern corner of West Balboa
Boulevard and 23rd Street near McFadden Square. The existing retail business
is located within a small shopping center that is developed with several
commercial uses including a tattoo shop, a bicycle rental, and restaurants. The
surrounding properties are developed with commercial uses as well as residential
uses across 23rd Street and the West Oceanfront alley. The property is
approximately 270-feet from the public beach.
• The property consists of an existing retail sales land use (i.e., tobacco store) and
the Applicant is proposing to add a Type 20 (Off-Sale Beer & Wine) Alcoholic
Beverage Control (ABC) License. No construction is proposed as part of the
project.
• The existing tobacco store has one employee, and the business currently
operates between the hours of 9:00 a.m. and 9:00 p.m., daily. No changes to the
hours of operation are proposed.
• The Land Use Element of the General Plan designates the project site as Mixed-
Use Water 2 (MU-W2) and located within the MU-W2 Zoning District, which is
applied to waterfront locations in which marine-related uses may be intermixed
with buildings that provide residential on the upper floors. The existing tobacco
store is a general commercial use that serves visitors, residents, and employees
in the City. The proposed addition of alcohol sales requires the approval of a
minor use permit.
• The property is within the coastal zone. However, the proposed project does not
change the intensity of use and, therefore, does not require a coastal
development permit.
• 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 ABC Licenses in this area and number of alcohol related
crimes in the reporting district. The NBPD’s memorandum, crime and alcohol-
related statistics, and reporting district map are included in Attachment No. ZA 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. However, the NBPD continues to not support the project due to
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the location’s undue concentration pertaining to on-sale and off-sale alcohol
licenses. The updated NBPD’s memorandum are included in Attachment No. ZA
4. The Police Department’s recommendation has not changed and a draft
Resolution of denial for the application is included as Attachment No. ZA 1.
• 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.
ENVIRONMENTAL REVIEW
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.
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 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 the action. For additional information on filing an
appeal, contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Jenny Tran
Assistant Planner
LAW/jt
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Police Department Memorandum dated October 10, 2023
ZA 4 Police Department Memorandum dated May 14, 2023
ZA 5 Floor Plan
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Attachment No. PC 7
Police Department Memorandum dated
October 10, 2023
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Jenny Tran, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 10, 2023
SUBJECT: Tanars Tobacco
2233 West Balboa Blvd.
PA2023-0032
At your request, the Police Department has reviewed the project application for Tanars Tobacco,
located at 2233 West Balboa Blvd, Newport Beach. Per the project description, the applicant is
seeking a minor use permit to add a Type 20 (Off-Sale Beer & Wine) Alcohol Beverage Control
License. No changes are proposed to the current operating hours of 9 a.m. to 9 p.m., daily
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s proposed place of business at 2233 West Balboa
Blvd.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
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 in and around Reporting District 15:
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) 15 which
stretches from 20th Street to 37th Street along 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, combined with all arrests for other crimes, both felonies and
misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control (ABC).
These figures make up the “Crime Count” which is indicated on the attached statistical data form.
RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the
residents, as well as the Police Department. The Reporting District’s ABC Crime Count is 914,
805% over the City-wide Crime Count average of 118. Since this area has 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 found to have undue concentration. In comparison, 55
Tanars Tobacco
PA2023-0032
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neighboring RD 13 (9th Street to 20th Street) is 226% higher than the City-wide average, RD 16
(37th Street to 54th Street) is 94% higher, and RD 25 (North of West Coast Hwy between Newport
Blvd. and Irvine Ave.) is 111% higher. Of 38 Reporting Districts in Newport Beach, we reported
12 to ABC as high-crime areas.
The highest volume crime in this area is aggravated assault. The highest volume arrest in the
area is Disorderly Conduct. In this Reporting District, 37% of all arrests are directly attributed to
alcohol use: Public Intoxication, DUI, or liquor law violations. In comparison, that figure is 23%
in RD 13, 19% in RD 16, and 25% in RD 25.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4)
with a nexus to alcohol.
Alcohol License Statistics in and around Census Tract 0635.00:
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 4,938 residents with 65 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 76 residents making this area heavily saturated with
on-sale alcohol establishments. In comparison, the per capita ratio in Orange County is 1 on-
sale license for every 822 residents.
This application requests an off-sale license. This census tract has 6 off-sale licenses and a per
capita ratio of 1 off-sale license for every 823 residents. Per the Business and Professions code,
we must compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 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.
This location meets the legal criteria for undue concentration pertaining to on-sale and off-sale
alcohol licenses (B&P §23958.4).
Discussion and Recommendations
It is the Police Department’s opinion that this project would increase the burden on police
resources in RD 15. Added access to alcohol in the immediate area would increase current
quality of life challenges for the residents, visitors, and businesses, and would generate
additional public safety concerns in this already impacted Reporting District. Those public safety
concerns include crimes typically associated with alcohol consumption: vandalism, assault,
public intoxication, driving under the influence, urinating in public, fighting, noise violations and
sexual assault.
This particular neighborhood of RD 15 is significantly over-saturated with ABC establishments.
There are currently 19 on-sale ABC Establishments within the McFadden Square area from the
Newport Pier to 23rd Street.
There are four off-sale establishments that service the citizens in the immediate area:
Pavilions at 32nd and Newport Blvd.
Sportsman Liquor at 26th and Newport Blvd.
7-Eleven at 20th and Balboa Blvd.
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Fry’s Market at 15th and Balboa Blvd.
Due to the type of ABC license being requested and the presence of undue concentration, ABC
will require the Police Department to submit a determination of Public Convenience or Necessity
(PCN) prior to approval of the ABC license. PCN is demonstrated when the business operation
provides some kind of benefit to the surrounding community. Approval of a use permit will
indicate that the City of Newport Beach deems this business as a benefit to the community and
therefore serves as a Public Convenience or Necessity. The Chief of Police will submit written
documentation of that determination.
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 & Professions
Code. Those items include but are not limited to bongs and pipes. The business was notified of the
law and is required to remove such items.
RECOMMENDED CONDITIONS OF APPROVAL
The Police Department does not support this application. However, should this application be
approved, the Police Department requests the following conditions be imposed.
1. The Alcoholic Beverage Control License shall be limited to a Type 20 (Off-Sale Beer and
Wine). 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 is a violation and may be cause for revocation of the use permit.
3. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. 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.
4. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
5. No alcoholic beverages shall be sold between the hours of 9:00 p.m. and 9:00 a.m.
6. Patrons shall be required to show valid identification to verify age at the point of sale for
alcohol.
7. Open container beer or wine sales are prohibited.
8. No person under the age of 21 shall sell or deliver alcoholic beverages.
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9. 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.
10. The applicant shall post and maintain a professional quality sign facing the premise’s parking
lot that reads:
NO LOITERING, NO LITTERING,
NO DRINKING OF ALCOHOL BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
11. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. All noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code.
12. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
13. The applicant must not retain or sell any items considered to be drug paraphernalia under
Section 24200.6 of the Business & Professions Code.
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
58
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
2233 W. Balboa Blvd.
Suite 108 19 3 0 N/A N/A 0 0 0 0 N/A 0
Subject RD:
RD15 8,707 547 275 19,591.69 AGGRAVATED
ASSAULT 453 53 113 1 DISORDERLY
CONDUCT 102
Adjacent RD:
RD13 4,674 246 74 14,918.13 THEFT/LARCENY 167 5 32 1 NARCOTICS 36
Adjacent RD:
RD16 3,198 155 46 6,551.14 THEFT/LARCENY 94 4 14 0 NARCOTICS 47
Adjacent RD:
RD25 3,390 174 58 6,194.38 THEFT/LARCENY 83 14 7 0 NARCOTICS 6
Newport Beach 101,169 5,103 1,434 5,886.22 THEFT/LARCENY 2,732 291 339 7 NARCOTICS 312
Subject:Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
2233 W. Balboa Blvd.
Suite 108 N/A 1 N/A 0 N/A 1 N/A 2233 W. Balboa
Blvd. Suite 108 3 N/A N/A
Subject Census
Tract: 635 4,938 65 76 6 823 71 70 Subject RD:
RD15 914 +796 +675%
Adjacent Census
Tract: 628 3,806 26 146 5 761 31 123 Adjacent RD:
RD13 385 +267 +226%
Adjacent Census
Tract: 636.03 6,450 6 1,075 5 1,290 11 586 Adjacent RD:
RD16 229 +111 +94%
Adjacent Census
Tract: 634 4,776 17 281 0 0 17 281 Adjacent RD:
RD25 249 +131 +111%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 4,484
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
All Population figurs taken from 2020 US Census. Per BP 23958.4, the "ABC Crime Count" includes 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).
Summary for Tanars Tobacco at 2233 W. Balboa Blvd. Suite 108 (RD15)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2022. The NIBRS Group A Offense category is made up of 49 offenses used to report crimes committed within a law enforcement agency's jurisdiction. NIBRS Group B Offenses are less serious
offenses that require an arrest to be reportable. Crime Rate refers to the number of Group A Crimes per 100,000 people.
RD Average = 118
ABC CRIME COUNT
REPORTED CRIMES
CHIEF JOSEPHL. CARTWRIGHT
Newport Beach Police Department
2023 Crime and Alcohol-Related Statistics
as of 07/18/2023
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Attachment No. PC 8
Police Department Memorandum dated
May 13, 2023
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Jenny Tran, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: May 13, 2024
SUBJECT: Tanars Tobacco
2233 West Balboa Blvd.
PA2023-0032
At your request, the Police Department has reviewed the project application for Tanars Tobacco,
located at 2233 West Balboa Blvd, Newport Beach. Per the project description, the applicant is
seeking a minor use permit to add a Type 20 (Off-Sale Beer & Wine) Alcohol Beverage Control
License. No changes are proposed to the current operating hours of 9 a.m. to 9 p.m., daily
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s proposed place of business at 2233 West Balboa
Blvd.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
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 in and around Reporting District 15:
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) 15 which
stretches from 20th Street to 37th Street along 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, combined with all arrests for other crimes, both felonies and
misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control (ABC).
These figures make up the “Crime Count” which is indicated on the attached statistical data form.
RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the
residents, as well as the Police Department. The Reporting District’s ABC Crime Count is 914,
805% over the City-wide Crime Count average of 118. Since this area has 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 found to have undue concentration. In comparison, 63
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neighboring RD 13 (9th Street to 20th Street) is 226% higher than the City-wide average, RD 16
(37th Street to 54th Street) is 94% higher, and RD 25 (North of West Coast Hwy between Newport
Blvd. and Irvine Ave.) is 111% higher. Of 38 Reporting Districts in Newport Beach, we reported
12 to ABC as high-crime areas.
The highest volume crime in this area is aggravated assault. The highest volume arrest in the
area is Disorderly Conduct. In this Reporting District, 37% of all arrests are directly attributed to
alcohol use: Public Intoxication, DUI, or liquor law violations. In comparison, that figure is 23%
in RD 13, 19% in RD 16, and 25% in RD 25.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4)
with a nexus to alcohol.
Alcohol License Statistics in and around Census Tract 0635.00:
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 4,938 residents with 65 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 76 residents making this area heavily saturated with
on-sale alcohol establishments. In comparison, the per capita ratio in Orange County is 1 on-
sale license for every 822 residents.
This application requests an off-sale license. This census tract has 6 off-sale licenses and a per
capita ratio of 1 off-sale license for every 823 residents. Per the Business and Professions code,
we must compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 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.
This location meets the legal criteria for undue concentration pertaining to on-sale and off-sale
alcohol licenses (B&P §23958.4).
Discussion and Recommendations
The PD does not support this project due to the location’s undue concentration. However, it is
important to acknowledge that since the original application, the business has 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 & Professions Code. Those items included but are not limited to bongs and
pipes. During a recent site visit, the business was compliant with all laws and all drug paraphernalia
had been removed.
It is the Police Department’s opinion that this project would increase the burden on police
resources in RD 15. Added access to alcohol in the immediate area would increase current
quality of life challenges for the residents, visitors, and businesses, and would generate
additional public safety concerns in this already impacted Reporting District. Those public safety
concerns include crimes typically associated with alcohol consumption: vandalism, assault,
public intoxication, driving under the influence, urinating in public, fighting, noise violations and
sexual assault.
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This particular neighborhood of RD 15 is significantly over-saturated with ABC establishments.
There are currently 19 on-sale ABC Establishments within the McFadden Square area from the
Newport Pier to 23rd Street.
There are four off-sale establishments that service the citizens in the immediate area:
Pavilions at 32nd and Newport Blvd.
Sportsman Liquor at 26th and Newport Blvd.
7-Eleven at 20th and Balboa Blvd.
Fry’s Market at 15th and Balboa Blvd.
Due to the type of ABC license being requested and the presence of undue concentration, ABC
will require the Police Department to submit a determination of Public Convenience or Necessity
(PCN) prior to approval of the ABC license. PCN is demonstrated when the business operation
provides some kind of benefit to the surrounding community. Approval of a use permit will
indicate that the City of Newport Beach deems this business as a benefit to the community and
therefore serves as a Public Convenience or Necessity. The Chief of Police will submit written
documentation of that determination.
RECOMMENDED CONDITIONS OF APPROVAL
Should this application be approved, the Police Department requests the following conditions be
imposed.
1. The Alcoholic Beverage Control License shall be limited to a Type 20 (Off-Sale Beer and
Wine). 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 is a violation and may be cause for revocation of the use permit.
3. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. 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.
4. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
5. No alcoholic beverages shall be sold between the hours of 9:00 p.m. and 9:00 a.m.
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6. Patrons shall be required to show valid identification to verify age at the point of sale for
alcohol.
7. Open container beer or wine sales are prohibited.
8. No person under the age of 21 shall sell or deliver alcoholic beverages.
9. 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.
10. The applicant shall post and maintain a professional quality sign facing the premise’s parking
lot that reads:
NO LOITERING, NO LITTERING,
NO DRINKING OF ALCOHOL BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
11. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. All noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code.
12. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
13. The applicant must not retain or sell any items considered to be drug paraphernalia under
Section 24200.6 of the Business & Professions Code.
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
66
Attachment No. PC 9
Police Department Memorandum
Response to Appeal dated August 5, 2024
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Jenny Tran, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: August 5, 2024
SUBJECT: Tanars Tobacco Appeal
2233 West Balboa Blvd.
PA2023-0032
Below are responses to the applicant’s appeal:
1) Applicant states there are inconsistencies with the approval process.
The Police Department evaluates each application individually. We take into
consideration characteristics which include Reporting District, Neighborhood, Undue
Concentration, Crime with a Nexus to Alcohol, and proposed business operations.
Neighborhood location was a primary factor when reviewing the Tanar’s application as it
is close to the beach, pier, and public restrooms.
In response to the applicant’s comparison of their project to ZA2021-014, the Police
Department took into consideration their unique neighborhoods when rendering support,
lack thereof, or appropriate conditions for each project. This location is in a residential
neighborhood with little foot traffic. The location was intended to be a small satellite shop
of a neighboring restaurant. This location no longer holds an off-sale license.
In response to the applicant’s comparison of their project to UP2021-029, the Police
Department took into consideration their unique neighborhoods when rendering support,
lack thereof, or appropriate conditions for each project. This application was for a family
restaurant in Lido Marina Village, a business complex with 24/7 security guards.
2) Applicant states there is a misrepresentation of crime statistics.
The applicant is correct in their assessment that there are currently 5 off-sale retail
locations in RD 15. The sixth location which was at 4555 W. Coast Hwy. has since closed.
The license listed at the application location is a clerical error.
In Reporting District 15, 37% of all arrests are directly attributed to alcohol use: Public
Intoxication, DUI, or liquor law violations. In comparison, that figure is 23% in RD 13, 19%
in RD 16, and 25% in RD 25. The highest volume crime is aggravated assault and the
highest volume arrest is Disorderly Conduct. These figures and facts show a correlation
to alcohol overconsumption in this area.
69
Tanars Tobacco Appeal
PA2023-0032
2
RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns
for the residents, as well as the Police Department. These concerns are exacerbated in
the applicant’s neighborhood given its proximity to the beach and pier.
Please see the below table for Calls for Service for each off-sale location in Census Tract
635.
DBA Location Lic.
Type
2022 Calls For
Service
2023 Calls For
Service
Pavilions 3100 Balboa Blvd. 21 140 113
Road Trip Wines 2912 La Fayette 20 1 2
Sportsman Liquor 2615 Newport Blvd. 21 46 37
Balport Liquor 4521 W. Coast Hwy. 21 25 24
7-Eleven 1920 W. Balboa Blvd. 20 164 115
Tanar’s Tobacco* 2233 W. Balboa Blvd. None 19 17
* Application location is for all suites at 2233 W. Balboa Blvd.
A breakdown of the calls for service to the applicant’s address are below. Based on our
experience, the Police Department is of the opinion that adding alcohol to this location will
likely increase the calls for service, thus increasing the burden on police services.
Calls for Service to 2233 W Balboa Blvd. 01/01/2022 – 12/31/2023:
02/14/2022 Grand Theft Report
03/08/2022 Burglary Alarm
03/19/2022 Open Door
04/15/2022 Suspicious Person
04/26/2022 Burglary Alarm
05/10/2022 Petty Theft Report
05/22/2022 Suspicious Circumstances
06/14/2022 Burglary Alarm
06/15/2022 Keep the Peace
06/19/2022 Medical Aid
06/21/2022 Disturbance
06/23/2022 Found Property
06/25/2022 Citizen Assist
07/27/2022 Theft
8/04/2022 Officer Flagged Down
08/27/2022 Suspicious Circumstances
10/10/2022 Burglary Alarm
10/26/2022 Officer Flagged Down
12/24/2022 Overdose
01/03/2023 Drunk in Parked Vehicle
02/17/2023 Disturbance
02/22/2023 Disturbance Drunk
03/12/2023 Attempt to Locate
03/17/2023 Vehicle Stop
04/07/2023 Suspicious Person
04/25/2023 Vehicle Storage
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Tanars Tobacco Appeal
PA2023-0032
3
05/31/2023 Burglary Alarm
07/24/2023 Burglary Alarm
08/19/2023 Vehicle Stop
09/29/2023 Illegal Parking
10/19/2023 Suspicious Person
10/25/2023 Disturbance
10/28/2023 Medical Aid
11/01/2023 Disturbance
12/21/2023 Disturbance
12/31/2023 Physical Fight
3) Applicant states there is a limited availability off off-sale licenses.
The Police Department is of the opinion that added access to alcohol in the immediate
area would increase current quality of life challenges for the residents, visitors, and
businesses, and would generate additional public safety concerns in this already
impacted Reporting District. Those public safety concerns include crimes typically
associated with alcohol consumption: vandalism, assault, public intoxication, driving
under the influence, urinating in public, fighting, noise violations and sexual assault.
4) Mitigating Measures offered by applicant.
The Police Department proposed conditions on our Project Review Response dated May
13, 2024 to attempt to mitigate concerns should the application be approved.
5) The applicant states there has been no opposition to the application.
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
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TANAR’S TOBACCO
APPEAL
2233 W BALBOA BLVD(PA2023-0032)
Jenny Tran, Associate Planner
949-644-3212, jtran@newportbeachca.gov
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
PROJECT DESCRIPTION
2
•Minor Use Permit
•Add a Type 20 (Off-Sale Beer & Wine) ABC License to an existing tobacco retail store
Tanar’s Tobacco
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
3
VICINITY MAP
Tanar’s Tobacco
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
4
VICINITY MAP
Tanar’s Tobacco
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
POLICE DEPARTMENT REVIEW
5
•Police Department is unsupportive of the request
•Property located in Reporting District 15; highest crime area
•Located next to public beach, pier, and McFadden Square
•Access to alcohol in this area would increase burden on police resources
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
ZONING ADMINISTRATOR ACTION
6
•Zoning Administrator Hearing on May 30, 2024
•Denied Minor Use Permit
•Adopted Resolution No. ZA2024-033
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
APPEAL
7
•Appeal filed on June 11, 2024, for the following reasons:
•Inconsistency with similar approvals
•Misrepresentation of crime statistics
•Limited availability of off-sale license
•Community Support
•Mitigating Measures
•Additional justification provided detailing their appeal
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
INCONSISTENCY WITH SIMILAR APPROVALS
8
•On-Sale ABC Licenses
•Typically approved for a restaurant
•Alcohol consumed on the premise, not taken in public areas
•Off-Sale ABC Licenses are not historically approved
•For consumption off-site
Business Name Address License Type Original Issue
Date
Pavillions 3100 West Balboa
Boulevard Type 21 November 27,
1984
7-Eleven 1920 West Balboa
Boulevard Type 20 July 1, 1988
Bal-Port Liquors 4521 West Coast
Highway Type 21 December 21,
1989
Sportsman’s
Liquor
2615 Newport
Boulevard Type 21 December 11,
1992
Road Trip Wines
(Internet Sales
Only)
2912 Lafayette
Avenue Type 20 July 31, 2020
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
MISREPRESENTATION OF CRIME STATISTICS
9
•RD 15’s ABC crime count is 675% over the citywide average
•Alcohol related crimes are exacerbated by proximity to beach and pier
Business Name Address 2022 Calls for
Service
2023 Calls for
Service
Tanar’s Tobacco
(Subject Property)1
2233 West Balboa
Boulevard 19 17
Pavillions 3100 West Balboa
Boulevard 140 113
7-Eleven 1920 West Balboa
Boulevard 164 115
Bal-Port Liquors 4521 West Coast
Highway 25 24
Sportsman’s Liquor 2615 Newport
Boulevard 46 37
Road Trip Wines
(Internet Sales Only)2912 Lafayette Avenue 1 2
1 Calls for Services are for all suites at 2233 West Balboa Boulevard.
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
LIMITED AVAILABILITY OF OFF-SALE LICENSES
10
•Limitation of off-sale licenses is part of the NBPD’s ongoing effort to reduce alcohol related crime in the area
•Prevent consumption of alcohol on public beaches or public areas on peninsula
•4 of the 5 current off-sale licenses in RD 15 were issued between 1984-1992
•1 of the 5 is for online sales only
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
COMMUNITY SUPPORT
11
•No public correspondence received either
in support or opposition
•During the Zoning Administrator hearing, a member of the public thought the city should be more mindful of ABC licenses allowed in the city
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
MITIGATING MEASURES
12
•Applicant has offered additional
measures to limit alcohol sales such as limited volume of sales, limited hours,
and increased security
•Police Department has also included conditions of approvals should the minor use permit be approved
•PD still does not recommend approval
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
REDLINE TO RESOLUTION
13
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
RECOMMENDATION
14
•Conduct a de novo public hearing;
•Find this project exempt from CEQA under Article 18, Section 15270 (Projects Which are Disapproved); and
•Adopt Resolution No. PC2024-018 affirming the decision of the Zoning Administrator’s denial for a Minor Use Permit.
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
15
Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
QUESTIONS AND DISCUSSION
Planning Commission - August 22, 2024 Item No. 5a - Additional Materials Presented at the Meeting by Staff Tanar's Tobacco Appeal (PA2023-0032)
TANAR'S TOBACCO
PA2023-0032
Minor Use Permit
Applicant Glocal 4T, Inc. | 2233 W Balboa Blvd, Suite 108 | August 22, 2024
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
Background
•Glocal 4T, Inc. began its operations at its
current location on the Balboa Peninsula in
June 2012
•The company is a licensed retail tobacco
business, wholly owned and operated by
Yalcin Tanar
•The core business focuses on the sale of
tobacco products including robust selection
of cigars catered to specialty and recreational
cigar smokers
2
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
Proposed Addition of
Type 20 License
•An ancillary addition to the existing tobacco
license to help recuperate losses caused by
recent tobacco regulations limiting the sale of
certain products in the state of California
•The addition of the Type 20 License does not
indicate a shift in the Applicant’s business model
but rather an expansion to enable the business to
offer complementary products to its customers
•The business will continue to operate primarily as
a tobacco retail store, with ~ 25% of its square
footage dedicated to the sale of wine and beer
3
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
Appeal Reasons
1)Inconsistencies with the approval process
•Prior resolutions acknowledge that RD 15 historically has been a district with overconcentration of
licenses and high crime rates due to the high concentration of commercial land uses, however, this has
not been a deterrent for the City in the past
•Each application is given unique considerations based on various factors including RD, Neighborhood,
business operations, etc.
•Neighborhood location was cited as the primary factor when reviewing the Tanar’s application as it is
close to the beach, pier, and public restrooms
4
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
•By design RD 15, is a beachfront district inclusive of
1 of 2 piers in the City. It also has a higher
commercial use compared to the adjacent districts
•The district design consequently makes almost
every license holder close to the beach (at least 8
bars /restaurants are located on or around the
beachfront)
•The Applicant’s business model and operational
conditions are designed to serve a niche market
responsibly
5
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
Appeal Reasons
6
2) Misinterpretation / Overemphasis on Crime Statistics
•There are 65 on-sale licenses (93%) compared to 5 off-sale licenses (7%) in RD 15 and census track 635
•Given this disproportionality in the license types, the crime statistics rely heavily on the activity generated
by the on-sale licenses
•Efforts to reduce crime, however, off-sale license holders are not a major contributor the overall statistics
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
Total = 291
Total dispatch
originating from
Off-sale = 3%
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
Conclusion
•Type 20 license is an ancillary addition to the business with limited square footage designated
for the sale of wine & beer
•The issuance of an additional license to a small, locally-owned business will not have the same
impact as issuing a license to a large chain or a business with high foot traffic
•The Applicant has demonstrated a commitment to operating a responsible and compliant
business which will not “exasperate” the existing conditions of the area
8
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)
Thank you
Planning Commission - August 22, 2024 Item No. 5b - Additonal Materials Presented at the Meeting by Applicant Tanar's Tobacco Appeal (PA2023-0032)