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HomeMy WebLinkAbout05-30-2024_ZA_Minutes 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. 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. 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.