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Home My WebLink About5.0_Tanar's Tobacco Appeal_Staff Presentation_PA2023-0032TANAR’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)