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HomeMy WebLinkAbout3.0_Total Wine & More CUP_PA2017-043 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 6, 2017 Agenda Item No. 3 SUBJECT: Total Wine & More CUP (PA2017-043) SITE LOCATION: 1280 Bison Avenue Conditional Use Permit No. UP2017-004 APPLICANT: California Fine Wines and Spirits OWNER: Irvine Company PLANNER: Liz Westmoreland, Assistant Planner (949) 644-3234, Iwestmoreland@newportbeachca.gov PROJECT SUMMARY The applicant requests a Conditional Use Permit (CUP) to allow operation of a retail store with alcohol sales and alcoholic beverage tastings. The applicant requests a Type 21 (Off- Sale General) Alcoholic Beverage Control (ABC) license for standard retail sales of alcohol. The applicant also requests Type 42 (On-Sale Beer and Wine for Public Premises) and Type 86 (Instructional Tasting License) ABC Licenses to allow employees and distributors to perform tastings onsite. Proposed hours of operation would be from 8:00 a.m. to 11:00 p.m. Monday through Saturday, and 8:00 a.m. to 9:00 p.m. on Sundays. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. approving Conditional Use Permit No. UP2017-004 (Attachment No. PC 1). 1 V� QP �P Total Wine & More CUP Planning Commission, July 6, 2017 Page 2 VICINITY MAP 7 5 Subject NAgSq�,A oN Property y i 1� 204 n� r g p� - BISON AVF F GENERAL PLAN ZONING � sl acs PI R ` PI ® PFk� ti LLG) Pver+ is ' LOCATIONF GENERAL PLAN ZONING CURRENT USE ON-SITE CG (Commercial PC-5 (North Ford Newport North Shopping Center General) Planned Community) NORTH RM (Multiple-Unit PC-5 (North For Multi-Family Residential Residential) Planned Community) apartments OS/RS-D (Open Space PC-24 (Aeronutronic SOUTH and Single-Family Ford) Single-Family Residential Residential) WEST IG (Industrial) PC-5 (North Ford Self-Storage Planned Community) EAST CG (Commercial PC50 (Bonita Canyon) ETThe Bluffs Shopping Center General) 3 Total Wine & More CUP Planning Commission, July 6, 2017 Page 3 INTRODUCTION Project Setting and Background The 4.8-acre project site is located in the Newport North Shopping Center at the intersection of Macarthur Boulevard and Bison Avenue. The site is bounded to the east by MacArthur Boulevard, to the north by multi-family residential apartments, to the south by Bison Avenue and single-family homes within the Aeronautic Ford Planned Community, and to the west by Camelback Street and industrial uses of the North Ford Planned Community. The 44,662 square foot shopping center was constructed in 1987 and contains a mix of retail stores, fitness facilities, restaurants, and other similar uses. The subject tenant space consists of 10,925 square feet and is currently occupied by Petco Animal Supplies, Inc. The shopping center is served by an existing 269 space surface parking lot. The property is within the Commercial Area 3 designation of the North Ford Planned Community (PC8). Project Description The applicant requests a conditional use permit to allow the sale of beer, wine, and spirits for offsite consumption (Type 21 ABC License, Off Sale General — Full Liquor) and an acompanying Type 86 (Instructional Tasting) license that allows limited on-site tasting poured by manufacturers and distributors. Additionally, a Type 42 ABC License (On-Sale Beer and Wine) is requested, which would allow tastings to be poured by Total Wine and More employees. Tastings under both the Type 86 and 42 licenses would be limited to beer and wine only, no hard liquor or spirits. When tastings or educational events are offered onsite, the designated area would be sectioned off with a temporary barrier with a sign posted stating only persons over the age of 21 may be inside the barrier. The tastings or educational events would be confined to a small bar area designated for this use in the rear of the store. As shown on the floor plan, the area dedicated to tastings and education areas will accommodate approximately 10-12 people in addition to the people serving in the center. Typically, samples of beer or wine are given in groups of 2-4 people, and education classes are likely to serve 5-10 people. As requested by the applicant and conditioned (Condition No. 22) customers would be limited to 2 ounces per taste, with no more than 8 ounces served to any one patron during a day. 4 Total Wine & More CUP Planning Commission, July 6, 2017 Page 4 Table 1: Summary of Request Alcohol License Function* Location* Type 21 (Off Sale General) Allows retail sales of Throughout all public beer, wine, and spirits for areas of the store off-site consumption. This license type is typically held by grocery stores, markets, liquor stores, etc. Type 42 (On-Sale Beer and Allows for employees to Confined tasting area Wine for Public Premises) serve tasting samples on-site. Bars that don't offer food typically hold this license type. Type 86 (Instructional Tasting A subordinate license to Confined tasting area License a Type 21 license that allows limited on-site instructional tastings by distributors and manufacturers (non- employees) *The California Department of Alcoholic Beverage Control may condition the project to provide additional limitations in function and location. The more restrictive provisions shall apply. The applicant proposes minor alterations to the tenant space, as shown in the attached plans (PC 5). Any proposed exterior improvements would be consistent with the existing fagade and design of the Newport North Shopping Center. DISCUSSION General Plan/Zoning Code The General Plan Land Use Element designates the site for commercial uses under CG (Commercial General). The subject site is located within the Commercial Area 3 of PC-5 (North Ford Planned Community). The intent of this district is to allow the location of light general commercial activities engaged in the sale of products to the general public. A retail store with off-sale alcohol sales is allowed with the approval of a minor use permit under the existing zoning and General Plan designation. The applicant also requests the inclusion of two on-sale alcohol licenses (Type 42 and Type 86) for alcoholic beverage tastings, which require the approval of a Conditional Use Permit. The proposed retail store with alcoholic beverage tastings would be part of an existing shopping center that serves 5 Total Wine & More CUP Planning Commission, July 6, 2017 Page 5 the surrounding community and would be consistent with the associated land use designation and Zoning District. Local Coastal Plan The proposed project is not located within the Coastal Zone. Alcoholic Beverage Sales In order to approve a CUP for alcohol sales, the Planning Commission must also find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In doing so, the following must be considered: 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. The purpose of this section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. The project site is bound by Bison Avenue and single- family residential uses to the south, multi-family apartments to the north, industrial (self- storage) uses to the west, and MacArthur Boulevard and the Bluffs Shopping Center to the east. The nearest residential use is the apartment complex to the north, approximately 150 feet from the proposed tenant entrance. The proposed use is primarily a retail store with ancillary tastings and education programs, which limit the amount and number of alcoholic beverage samples served. The draft resolution includes conditions of approval to minimize negative impacts that the proposed establishment may have to surrounding land uses and ensure that the use remains compatible with the surrounding community. 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. Total Wine & More CUP Planning Commission, July 6, 2017 Page 6 The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, and more effectively communicate officer locations while policing. The establishment is located within Police Reporting District No. 36 (RD36), bordered by Eastbluff Drive on the east, Jamboree to the north, Ford Road on the south and MacArthur Boulevard/73 Toll Road on the east. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC3. A data sheet, which includes alcohol related statistics from 2016, is provided in Attachment No. PC4. RD 36's highest volume crime is Burglary or Theft from an Automobile and the highest volume arrest is Driving Under the Influence. While RD 36 has over 20% higher crime as compared to the citywide average, the majority of crime is not alcohol related. Attachment PC4 contains a statistical analysis stating that there were 35 calls for service and none of those calls were related to the consumption of alcohol in the immediate area. The service of off-sale alcoholic beverages with intermittent tasting services would be in keeping with the existing retail and restaurant uses within the commercial center, and would not likely contribute to increased crime. 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. The proposed establishment is located in a neighborhood commercial center. Multi-family apartments are located immediately adjacent to the north of the site, and single-family residences are located across Bison Avenue to the south. The nearest place of recreation, Bonita Creek Park, is located more than 2,500 feet to the north. The nearest church and educational facility, Liberty Baptist Church School is located approximately 1,550 feet west of the project site. Based on the limited nature of proposed alcoholic beverage tastings and distance to the proposed operation, no negative impacts to sensitive uses are anticipated. Nonetheless, the draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the on-sale alcohol use remains limited to only tastings and compatible with the surrounding community. d) The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. The proposed project is located within census tract 630.7. This census tract has an approximate population of 6,958 residents and 6 active retail alcohol licenses, which equates to a per capita ratio of 1 license for every 870 residents. For comparison purposes, Orange County has a per capita ratio of 1 license for every 477 residents. Therefore, the project area exhibits a low concentration of alcohol licenses and approval of the proposed project would not create an excess of alcoholic beverage uses within the area. Total Wine & More CUP Planning Commission, July 6, 2017 Page 7 e) Whether or not the proposed amendment will resolve any current objectionable conditions. The proposed alcohol licenses are new and are not in response to objectionable conditions at the site. Refer to Attachment No. PC4, for the Police Department Memorandum. Offering alcoholic beverage tastings will complement the proposed fine wine and spirits retail store. The Police Department has no objections to the on-sale consumption of alcohol given the proposed hours of operation, license type, and location of the use within a retail store. The draft resolution includes conditions of approval that should control and avoid objectionable conditions related to noise and trash from the establishment. All employees serving alcoholic beverage tastings will be required to be at least 21 years of age and complete the necessary training through a certified training program (see Condition No. 20 for detailed requirements). Parking The parking tabulation for the existing shopping center is provided in Attachment No. PCS. The Newport North Shopping Center utilizes shared parking via the large surface parking lot onsite that contains 269 spaces. The existing retail use is required to provide 44 parking spaces, which is no change from the historic use of the tenant space. As shown in Attachment No. PC5, the project would provide sufficient parking to meet the requirement and no waivers are requested. Use Permit Findings In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings and Decision), the Planning Commission must make the following findings for approval for a conditional 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 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. 8 Total Wine & More CUP Planning Commission, July 6, 2017 Page 8 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. As previously indicated, the proposed project includes uses consistent with the CG (Commercial General) General Plan land use category and Zoning District. Staff believes sufficient facts exist in support of each finding. Pursuant to the definition in the Zoning Code, the operation is technically defined as a bar, lounge, or nightclub due to the request for an ABC License Type 42 (Public Premise). However, operations at the proposed retail store would be similar to other retail stores, with an added component to allow for alcoholic beverage tastings in limited amounts. The Huntington Beach and Tustin Police Departments, who have this business within their cities, reported that they have not had any problems or issues with the Total Wine & More stores. The City of Newport Beach Police Department believes that with incorporation of the proposed conditions of approval contained within the resolution, the project would maintain compatibility with the surrounding uses. The proposed establishment is expected to serve as a supporting retail store within the Newport North Shopping Center. The building is physically suitable and the location and area proposed are compatible with the neighborhood. As conditioned, it is expected to operate in an effective manner that is compatible with the surrounding tenants in the shopping center. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow for the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Refer to the draft resolution for denial provided as Attachment No. PC 2. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves tenant improvements to convert an animal retail store into an alcoholic beverage retail store. There will be no changes to the floor area of the structure nor the number of parking spaces required. 9 Total Wine & More CUP Planning Commission, July 6, 2017 Page 9 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: Submitted by: Liz Wi6stmoreland, Assistant Planner *rn snes i,r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Police Department Reporting Districts Map PC 4 Police Department Memorandum PC 5 Project Plans 1 V18I16 2� Attachment No. PC 1 Draft Resolution for Approval with Findings and Conditions 11 V� QP �P 2� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2017-004 TO ALLOW OPERATION OF A RETAIL USE WITH TYPE 21 (OFF SALE GENERAL — FULL LIQUOR) TYPE 42 (ON SALE BEER AND WINE PUBLIC PREMISE) AND TYPE 86 (INSTRUCTIONAL TASTING) ABC LICENSES LOCATED AT 1280 BISON AVENUE (PA2017-043) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by California Fine Wines and Spirits, LLC (dba Total Wine& More), ("Applicant') with respect to property located at 1280 Bison Avenue, and legally described as Lot 6 of Tract 12309 requesting approval of a conditional use permit. 2. The Applicant proposes a conditional use permit to allow the sale of beer, wine, and spirits for offsite consumption (Alcoholic Beverage Control (ABC) Type 21 License) and subordinate Type 86 License (Instructional Tasting) in a retail space with a separate tasting and education area. Additionally, a Type 42 ABC License (On-Sale Beer and Wine Public Premise) is requested to allow for tastings to be poured by store employees. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the North Ford Planned Community (PC-5) Commercial Area 3 Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 6, 2017 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("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. Categorical Exemption 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves tenant improvements to 13 Planning Commission Resolution No. Ott Page 2 of 10 convert an animal retail store into a wine, beer, and spirits retail store with an ancillary tasting area. There will be no changes to the floor area of the structure nor the number of parking spaces required. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales) and NBMC 20.52.020(F) (Conditional Use Permits and Minor Use Permits) the following findings and facts in support of the findings are set forth: Alcohol Sales Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: 1. The purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is to maintain a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol establishments. Alcohol service is limited to small tastings intended for the convenience and enjoyment of customers shopping or attending education events at the retail store. Operational conditions of approval will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in a shopping center that is intended to serve the surrounding residential neighborhoods. The subject property is bound by Bison Avenue and single-family residential uses to the south, multi-family apartments to the north, industrial (self-storage) uses to the west, and MacArthur Boulevard and the Bluffs Shopping Center to the east. The business hours, operational characteristics, and floor plan have been limited to maintain the compatibility of the proposed use with surrounding land uses. 3. The subject property is located within Reporting District 36, which has at least a 20% higher crime rate as compared to the City of Newport Beach average. However, the majority of crime reported was not alcohol related. There were 35 calls for service in 2016, and none of those calls were related to the consumption of alcohol in the immediate area. 4. The concentration of active alcohol licenses within the subject property's census tract is low and the alcohol licenses and the type of alcohol service proposed is typical of a shopping center of this kind. Thus, service of off-sale alcoholic beverages with intermittent tasting services would be in keeping with the existing retail and restaurant uses in the shopping center. 06-09-17 Planning Commission Resolution No. Ott Page 3 of 10 5. The Police Department has reviewed the use permit application and has no objections to the on-site consumption of alcohol given the proposed hours of operation, license type, and location of the use within a retail store. 6. The draft resolution includes conditions of approval to avoid and minimize potential negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. Conditional Use Permits and Minor Use Permits Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1 . The General Plan Land Use Element designates the site for commercial uses under CG (Commercial General). This designation is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. A retail store with off-sale alcohol sales of beer, wine, and liquor is allowed under the existing General Plan designation. The proposed retail store with ancillary alcoholic beverage tastings would be part of an existing shopping center that serves the surrounding community and would be consistent with the associated land use designation and General Plan. 2. The project site is not located within a Specific Plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The subject site is located within the Commercial Area 3 of PC-5 (North Ford Planned Community). The intent of this district is to allow the location of light general commercial activities engaged in the sale of products to the general public. A retail store with off- sale alcohol sales and subordinate Type 86 Instructional Tasting ABC license requires approval of a Minor Use Permit. However, the applicant also requests the inclusion of a Type 42 ABC License (On-Sale Beer and Wine Public Premise), which requires the approval of a conditional use permit and would allow samples to be poured by store employees. The proposed retail store with alcoholic beverage tastings would be part of an existing shopping center that serves the surrounding community and would be consistent with the associated Zoning District. 2. Improvements to the existing tenant space are largely interior. No changes to the existing gross floor area or building footprint are proposed. 06-09-17 15 Planning Commission Resolution No. eft Page 4 of 10 Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed project is a retail use within an existing neighborhood shopping center that is compatible with other commercial uses in the area. As conditioned, it is expected to operate in an effective manner that is compatible with the surrounding tenants in the shopping center. 2. The proposed tenant improvements are located inside of the existing retail building, and the proposed alcoholic beverage tastings would not affect pedestrian circulation, parking spaces, or access to existing tenants. 3. The tenant space would remain as a retail use and no changes to the gross floor area of the building are proposed. The parking requirement would remain the same under proposed conditions, and sufficient parking is provided onsite. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The facts in support of Finding C, above, support this finding and are incorporated by reference. 2. Emergency access to and through North Newport Shopping Center is currently provided from Bison Avenue. No changes to emergency access are proposed, and onsite circulation would not change as a result of the project. 3. Newport North Shopping Center is presently served by public services and utilities and the overall renovation of the site does not involve intensification of the use. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and plans will be reviewed prior to the issuance of building permits. Finding: E. 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 06-09-17 10 Planning Commission Resolution No. Ott Page 5 of 10 constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The facts in support of findings A through D, above, support this finding and are incorporated by reference. 2. The proposed use is located within an existing retail space and any alcoholic beverage tastings that occur onsite will be restricted to a small, designated area of the store. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. 4. The hours of operation are compatible for a neighborhood shopping center where the store will close by 11:00 p.m. daily, and 9:00 p.m. Sunday. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-004, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF JULY, 2017. AYES: NOES: ABSTAIN: ABSENT: 06-09-17 17 Planning Commission Resolution No. #### Page 6 of 10 BY: Chairman BY: Secretary 06-09-17 12 Planning Commission Resolution No. #### Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project Specific Conditions are in Italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site, provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code, and sign requirements of the North Ford Planned Community (PC-5). 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 06-09-17 19 Planning Commission Resolution No. #### Page 8 of 10 10. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 11. 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 debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 12. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 13. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 14. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 15. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Total Wine & More Conditional Use Permit including, but not limited to, UP2017-004 (PA2017-043). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 06-09-17 20 Planning Commission Resolution No. #### Page 9 of 10 Police Department Conditions 17. The business shall comply with Title 20 (Zoning Code)and any other applicable provisions of the Newport Beach Municipal Code. 18. The hours of operation shall be limited to 8:00 a.m. through 11:00 p.m., Monday through Saturday, and 8:00 a.m. through 9:00 p.m. on Sundays. 19. 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. The certified program must meet the standards of the Department of Alcoholic Beverage Control, the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. 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. 20. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 21. Alcohol may not be purchased for on-sale consumption, other than providing tasting samples in no more than 2-ounce proportions, and no more than 8 ounces to any one person in one day. 22. When samples or classes are offered, the designated tasting area must be designated with a temporary barrier along with a posted sign stating only persons over the age of 21 may be inside the barrier. No alcoholic beverage samples shall be served outside of the designated tasting area as depicted on the approved floor plan. 23. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 24. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would attract large crowds, involve the sale of alcoholic beverages for consumption on premises, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 25. 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. 06-09-17 21 Planning Commission Resolution No. #### Page 10 of 10 Fire Department Conditions 26. Portions of the commodity stored for retail sales are classified as a flammable liquid and therefore may need to comply with California Fire Code (CFC) Section 5704.3.1 through 5704.3.3.10. Conversely, CFC. 5701.2 provided that the liquids are packaged in individual containers not exceeding 1.3 gallons, quantities of alcoholic beverage in retail or wholesale sales or storage occupancies are exempted from meeting the requirements of Chapter 57 CFC. The amounts and classifications of the commodities will be reviewed upon fire plan check. Thus, amounts and classifications of the commodities will need to be submitted with the plans. 27. Racking/storage arrangements may need to comply with CFC Chapter 32 High Piled Storage. Requirements depend on the height of storage and commodity classification of the products. These requirements will be reviewed upon fire plan check, therefore rack heights and commodity classifications of product will need to be addressed and included within the fire plan review. 28. Aisles will need to be provided and the required width will be depended upon item number 1 and 2 referenced above. 29. The fire sprinkler system will need to be able to accommodate the hazard of the proposed storage/retail. The existing system may need modifications for this proposed occupancy. A fire protection expert will need to be consulted for determination of the fire sprinkler requirements. Buildinq Division Conditions 30. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 31. Accessible ADA seating shall be provided at the designated tasting counter. Public Works Conditions 32. County Sanitation District fees shall be paid prior to the issuance of any building permits. 06-09-17 22 Attachment No. PC 2 Draft Resolution for Denial 23 V� QP �P RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2017-004 TO ALLOW OPERATION OF A RETAIL USE WITH TYPE 21 (OFF SALE GENERAL — FULL LIQUOR) TYPE 42 (ON SALE BEER AND WINE PUBLIC PREMISE) AND TYPE 86 (INSTRUCTIONAL TASTING) ABC LICENSES LOCATED AT 1280 BISON AVENUE (PA2017-043) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by California Fine Wines and Spirits, LLC (dba Total Wine& More), with respect to property located at 1280 Bison Avenue, and legally described as Lot 6 of Tract 12309 requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow the sale of beer, wine, and spirits for offsite consumption (Alcoholic Beverage Control (ABC) Type 21 License) in a retail space with a separate tasting and education area (Type 42 License). Additionally, a Type 86 License is requested for instructional tastings by manufacturers and distributors. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the North Ford Planned Community (PC-5) Commercial Area 3 Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 6, 2017 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) and Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. In this case, the Planning Commission was unable to make the required findings based upon the following: 25 Planning Commission Resolution No. #### Page 2 of 3 Findings for Conditional Use Permit: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. B. The use is consistent with the General Plan and any applicable specific plan; C. The use is consistent with the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; E. 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. Facts Not in Support of Findings: 1. The Planning Commission determined, in this case, that the establishment of an eating and drinking establishment with late hours (after 11:00 p.m.) and the service of alcohol is not consistent with the purpose and intent of Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2. The applicant's request may increase alcohol-related crimes and calls for service and negatively impact police-related response. 3. The inclusion of an on-sale alcohol use at the establishment may impact surrounding residential uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2017-004 (PA2017-043). 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 06-09-17 20 Planning Commission Resolution No. #### Page 3 of 3 PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF JULY, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Chairman BY: Secretary as-os-17 V� QP �P �g Attachment No. PC 3 Police Department Reporting Districts Map 29 V� QP �P 30 Reporting Districts P' Newport Beach Police Department Effective Jan 1,2008 Flu— UPPER �1y��I,, 21 i NEWPORT DAY 1,5 s F—�' ! CANAL K t — uuu j> � s 240 17 J � �'°•� yv 32 25������� 38� � � I 54th ST� 1 W ... .. ..... -;:r: �L��6� /jJ W o X52 l 3 61 9 37th ST 15 22 ��� 4�2�0 �;, SAIV loth ST� 13 43 47 JOAQUIN 64 j 12 k4'8 P 7th ST B ST 11 G 6 i W N BUCK GULLY W+E 8 MORNING 67 'J J i „,n=3000 feet CANYON PACIFIC OCEAN 0.5 1 CRYSTAL COVE mays CRYSTAL COVE STATE PARK STATE PARK S oe02007 ReoonmgDsmas-nxn. 0 V� QP �P Attachment No. PC 4 Police Department Memorandum 33 V� QP �P 31{ NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION 43 MEMORANDUM TO: Liz Westmoreland, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: May 26, 2017 SUBJECT: Total Wine & More 1280 Bison Avenue Use Permit No. UP2017-04 (PA2017-043) At your request, the Police Department has reviewed the project application for Total Wine and More located at 1280 Bison Avenue, Newport Beach. Per the project description, the applicant is requesting three licenses: a Type 21 License (Off Sale General), a Type 42 License (On Sale Beer and Wine Public Premises), and a Type 86 License (Instructional Tasting). Statistical Data and Public Convenience or Necessity 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, and an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for Type 42 and 86 licenses falls to the Department of Alcoholic Beverage Control (ABC), the Police Department will have to make a written finding of PCN to the Department of Alcoholic Beverage Control before issuance of the Type 21 license. Crime Statistics Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's proposed location of 1280 Bison Avenue. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 36 which is triangular in shape, bordered by Eastbluff Drive on the west, Jamboree to the north, Ford Road on the south and MacArthur Boulevard/73 Toll Road on the east. RD 36's highest volume crime is Burglary or Theft from an Automobile and the highest volume arrest is Driving Under the SS Total Wine & More U P2017-004 Influence. While RD 36 has over 20% higher crime as compared to the city wide average, the majority of crime is not alcohol related as required to meet the criteria for undue concentration. This location does not meet the legal criteria for undue concentration in regards to crime. The attached statistical data analysis shows there are 35 calls for service. None of those calls are related to the consumption of alcohol in the immediate area. Alcohol License Statistics The applicant premise is located within census tract 0630.07. This census tract has an approximate population of 6,958 residents with 6 active retail alcohol licenses. That is a per capita ratio of 1 license for every 870 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on-sale per capita ratio of 1 license for every 477 residents. This location does not meet the legal criteria for undue concentration in regards to alcohol licenses. Discussion and Recommendations The above statistical information is provided for educational reference and perspective. The Police Department has no objections to the proposed use providing the below Conditions are included in the permit. Huntington Beach Police Department and Tustin Police Department report they have not had any problems or issues with the Total Wine & More stores within their respective cities. Below are summaries of the ABC Licenses the applicant will apply for. They are consistent with other Total Wine & More stores in Orange County. Type 21 (Off Sale General): Authorizes the sale of beer, wine, and distilled spirits for off- premises consumption. This license is common in grocery stores, convenience stores, and other stores where alcohol is sold for consumption off-site. Minors are allowed in the premises. Type 42 (On Sale Beer and Wine Public Premises): Authorizes the sale of beer and wine, on and off the licensed premises. No distilled spirits are allowed. May pertain to an entire establishment or a roped off area. No minors are allowed in the area. This license is common with beer and wine bars, and tasting areas within retail stores. Type 86 (Instructional Tasting): This license authorizes establishments to have vendors such as winery agents or distilled spirit manufacturers come in and provide tastings. May pertain to an entire establishment or a roped off area. No minors are allowed in the area. This license is common in grocery store chains and specialty food markets. An Operator License will not be required for this project. 2 3o Total Wine & More UP2017-004 CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 2. The hours of operation shall be limited to 8:00 a.m. through 11:00 p.m., Monday through Saturday, and 8:00 a.m. through 9:00 p.m. on Sundays. 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. The certified program must meet the standards of the Department of Alcoholic Beverage Control, the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. 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. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 5. Alcohol may not be purchased for on-sale consumption, other than providing tasting samples in no more than 2 ounce proportions, and no more than 8 ounces to any one person in one day. 6. When samples or classes are offered, the area must be designated with a temporary barrier along with a posted sign stating only persons over the age of 21 may be inside the temporary barrier. 7. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 8. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would attract large crowds, involve the sale of alcoholic beverages for consumption on premises, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 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. 3 37 Total Wine& More UP2017-004 If you have any questions as to the content of this memorandum, please contact Civilian Investigator Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. Wendy Joe P is Civilian Investigator, Special Investigations -Z:-4 Jeff Brouwer Deputy Chief, Detective Division 4 32 NEWPORT BEACH POLICE DEPARTMENT 2016 CRIME AND ALCOHOL-RELATED STATISTICS CHIEF JON LLEWIS ••R• ' SUMMARY FOR TOTAL WINE&MORE AT 1280 BISON AVE(RD36) Calls For Part I Crimes* Arrests Citations Subject: Service Crimes City-Wide RD Difference %Diff From Highest AllArrests DUIAlcohol Public Highest AlcoholReported Average From Avg Avg Volume Intoxication Liquor Law Volume Related 1280 Bison Ave 35 3 notappllcable notapplicuble notapplicable notopplicoble 1 0 0 0 notopplkabk 0 Subject RD: Burg/Theft RD36 3,271 108 84 +24 +29% From Auto 66 15 11 0 DUI 10 Adjacent RD: 54 84 -30 -36% Burg/Theft 15 3 3 0 DUI 7 RD35 From Auto Adjacent RD: 1,129 30 84 -54 -64% Burg/Theft 28 6 2 0 DUI 3 RD38 From Auto Adjacent RD: Bur heft RD54 _ _1519 47 84 -37 -`M% From Auto 34 7 3 0 DUI 1 Newport Beach 93,685 3,177 not applicable not applicable not applicable Burg/Theft 3,457 351 663 18 Drug-Related 1,068 From Auto 'Port I Crimes are the 8 most serious crimes as defined by the F81 Uniform crime Report-Homicide, Rape,Robbery,Aggravated Assault,Burglary,torten-Theft,Auto Theft,and Arson.This report reflects City of Newport Beach Part I crime data for 2016,as well as Simple Assault and Vandalism. ABC • dbPopulation Active License Per Licensed • • • Subject: Licenses Capita • 1280 Bison Ave notapplicobk not applicable • • Subject Census 6 Tract:630.07 ,958 8 870 6 Adjacent Census 917 23 257 16 Legend 5, Tract:630.04 ABC Licenses Adjacent Census 8249 7 1,178 7 Count Tract:626.44 • 1 Plijacent 30 29 1 18 • 2 ct:626.1 3-4 Newport Beach 85,186 439 194 389 • 5-7 • 8-77 nge County 3,010,2326,314 477 5,561 •** Number of Active ABC Licenses is the total o,/oll types of retail licenses known to the NBPD as of 01/16/1017. A=Proposed Location 3/16/2017 All Population figures taken from the 1010 US Census. �9 V� QP �P �o Attachment No. PC 5 Project Plans 41 V� QP �P PA2017-043 Site Plan - Total Wine & More Attachment No. PC 5 - Project Plans 1280 Bison Avenue, Suite B-15 Newport Beach, CA Wtl lvW 10' .tl' 25' 1Y 14 W 26' Sl 1M 1220A7 S? w m w z O o z \� SOLE Qin LL gq2U2�LL NULL ❑LL �mLL �jLL NggwqqqLL ,yFLL GULL W¢LL mppLL �¢ 128OB15 OUO �N 4¢� QaW �yU) QOV7 m0ON m W [O caSN 00 N �N mLL 10 maN U mi COMFORT Ngo owo oro owo OJ�g oz to § 4 o m o�m O o p ofA C omo z OLL ` NmN N O N O ��yI O N Nz` m m W N WOOF WHO 00 OnJ Oy' Wy0 U. mo Total Wine & More g $,414 SF N�N Nz�N_ N�N NwN NY {�' NON Nw.- NZ1O NO N N iO '�� "q z� ��.- �m NN �.C' �S+ '10,925$F II 2 it a Z '3' O ro Sm UJ r 2fI M' S L9' 49 86 N' A \ Ah 1 WIN 111 L MJ UMASTER TAILORING ROYAL JEWELERS W nTrash Enclosure VJ Trash Enclosure v2 L � CD W Q L —1 1280 1 WPATIO CHEVRON `J C Tas SF 2,400 S.F. G 1200132 Q -0• PITA JUNGLE � -1U ,o.,. 4,015 SF e 1280131 „ STARSUCKS `x-,. 1,800 SF k ttl-r 1200131 RADIANT 1260133 HOT YOGA 6; CHAMPAGNE'S 2,125 SF DELI&GRILL 9 2,905 SF PATIO av<• Site Size: 4.815 acres BISON STREET Building Area: 44,662 sf Parking Stalls: 269 Parking Ratio: 6/1,000sf Scale: None North NEWPORT NORTH CENTER 4. PA2017-043 Attachment No. PC 5 - Project Plans Employee Only Area Wine and Beer Tasting Area Property Address: sa - 1280 Bison Ave., Suite B-15 7 Door Fine Wine Newport Beach, CA nd d ty Women Men J k T o i APN: 442-042-10 o , �s 1 r Applicant: California Fine Wines and Spirits dba Total Wine & More 6600 Rockledge Drive II Bethseda, MD 20817 ISP 12 Applicant Representative: Steve Rawlings ; ! Alcoholic Beverage Consulting s 26023 Jefferson Ave., Suite D 12 1 Murrieta, CA 92562 y4� I 951-667-5152 H OF;FI Property Owner: I I The Irvine Company 12 12 N 550 Newport Center Drive Newport Beach, CA 92660 R II 5 Store Size: 10,925 SF 28 !i Sales Area: 9,186 SF ❑� ❑� ❑� 5 ii � �� 11 28 Carts ; sery 20 u Or 26 Carts 5 O T ❑ ❑ -----__---❑------------❑---------- � ❑ i I I 1 I = Employee Only Area 11 ❑ ❑-s- ----_---_-_❑--------- __❑ 1 ----- - --- Main Floor Plan Entrance/Exit Scale: No Sc4,1� Newport North - Parking Table 06/04/2017 Suite Business Use S.F. Parking Required 1220A01 Baskin Robbins Specialty Food 1,135 5 1220A02 Elegance Family Dentistry Medical 1,214 7 1220A03 Pilates Plus Health Fitness Studio 1,200 9 1220A04 European Wax Center Personal Service, General 1,200 5 1220A05 Labels Retail 1,200 5 1220A06 Newport Beach Skin Care Personal Service, General 1,200 5 1220A07 Sole Comfort Retail 3,414 14 128081 Mag's Donuts Eating & Drinking Establishment 1,110 5 128062 Scotttrade Retail 1,226 5 1280B3 Meri Education Personal Service, General 1,193 5 1280134 Newport North Cleaners Personal Service, General 1,500 6 1280135 Master Tailoring Personal Service, General 900 4 128066 Royal Jewelers Retail 922 4 1220138 Holly and Hudson Nail Salon 2,134 17 128089 Lil Sprouts Retail 1,500 6 1280B10 GNC Retail 942 4 1280B11 Bowl of Heaven Retail 900 4 1220815 Total Wine & More Retail 10,925 44 1280D1 Starbucks Eating & Drinking Establishment 1,800 7 1260D3 Champagne Deli Grill Eating & Drinking Establishment 2,905 35 1260 Chevron Service Station 2,400 8 1200C1 Radiant Hot Yoga Health Fitness Studio 2,125 11 1200C2 Pita Jungle Eating & Drinking Establishment 4,015 50 Parking Required 265 Parking Provided 269 Parking Surplus 4 45 Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting America'sY e and More Conditional Use Permit (PA2017-043) Total IV Wine �• 1 talgFWineMOREJbusiness profile �� �_= fOtllllt IOBXEP yu � F �_I I ' m Total Vine . 8 ORE Total Wine & More is like no other wine store you have ever visited. We are America's Wine Superstore... a Beller Superetore*nd n'destination for Spirits. ` Tasting a ALAN AIL ,snow . Tasting i y� t, w I - w . : Y� Y. IIII i _ 4 Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine and More Conditional Use Permit (PA2017-043) Recognized as an Industry Leader 7otalrWine ils More isAmerka's largest independent retailer of fine urine. We started in 1991 with one store.We currently have 130 stores,and are growing rapidly.We are committed to having the best wine selection in all market segments,with an emphasis on fine wines.This differentiates us from many retailers in the United States who specialize in one geographic area or one price category.Each of our stores carries different types of wine from every wine-producing region in the world;as well as an unmatched selection of domestic imported and specialty beers and an impressive selection of all categories of spirits. As the preeminent fine wine store in each respective market area,the C _ Total Wine&More stores are the leading non-supermarket purveyors of E fine wine in the United States.We are currently the only group of major fine wine stores operating in multiple states. ' a,nii ieibq I We have been named"Wine Retailer of the Year"in The Wine Enthusiast Magazine,Market Watch Magazine and in Beverage Dynamics. I i The WINE REVOLUTION Founded by brothers David andRobert Trone in 1991, Total Wme&Mom has grown from two stores in Delaware to G. �a „become retailer of wine,spirits'and beer.From the beginning,n the brothers received a warm welcome from shoppers but a cool reception from competitors,who grumbled about their lowlarices. 2 ( David Trone and Roberi Trore.Co-Ownes 41Tota I Wine&Mare Business Profile Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine and More Conditional Use Permit (PA2017-043) Total Wine & More Key Facts Brothers,David and Robert Trone started in the wine business in 1991 -Over 84 million bottles of wine sold per year—(six million of 9-Liter when they purchased a small retail wine store in Delaware.Their goals are cases,seven million cases of beer and two million cases of spirits). simple:1)provide consumers with the highest quality of wine at the lowest cost;2)provide consumers the best selection of wine possible from all re- *Affluent and demographically desirable customer base—each store is gions of the world and at all price points;and 3)provide consumers with a conveniently located along a major highway and in a major retail center, knowledgeable wine team who can assist them.In order to do so,David allowing us to attract consumers from as far away as 20-30 miles. and Robert have traveled throughout the world working with producers in order to bring Total Wine&More the best selection at the lowest prices. •Print,broadcast,web and social media advertising emphasize our large fine wine selection and excellent wine service. To ensure quality service, •130 stores in 18 states—New Jersey,Delaware,Maryland, we provide in-house publications to our customers,including the annual Virginia,North Carolina,South Carolina,Georgia,Florida,Arizona, Total Guide to Wine,and a quarterly Buying Guide,listing our brands and Nevada,California,Texas,Washington,Connecticut,New Mexico, prices. Minnesota.Missouri and Massachusetts—with more under construction. •Large,spacious stores most ranging from 20,000 to 30,000 sq.feet. •4,000 associates,including 800 wine professionals to assist customers. R •2014 sales of over$1.75 billion,with wine representing i approximately 60%of the overall sales volume. JL o *An extensive selection of 8,000 types of wine,3,000 spirits and1�. °4 2,500 beers. \Y •A strong focus on imported wine,which represents 47%of wine sales. r " 800 Wane professionals to assist custow,ers MrX JJj SO Oki Aim ��. Visit us at totalwine.com 1 5 Planning Commission - July 6, 2017 Item No. 3a Additional Mated t t Meeting Total Wine and More Condition 43) Total lNlne Total Y Wine wux•sa=s uem ®N Total i Wine ' Total 0 Wine >.� v L; man AAM LfRol . 1A I is TO Ic III P - I TotalIV NiMe u ># TDui iatrt��ti u _ � iilii All11311 1111 �rgRlu I AN fil 4 777a-_ Total ��� �tnC - INR „r ME 6 I Total Wine&More Business Profile Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine and More Conditional Use Permit (PA2017-043) 130 Superstores in 18 States Delaware-2 Stores Melbourne 12302 Harnett Drive Texas-11 Stores Claymont 1 691 Naamans Rd Miami 18851 SW 136th St/Howard Or Airington 1981 Interstate 20 W Milltown 11325 McKernan Church Rd Miami 11139 5th St Cedar Park 111066 Pecan Park Blvd Ste 117 Naples 15048 Airport Pulling Rd Dallas 19350 North Central Expressway New Jersey-4 Stores North Miami 114750 Biscayne Blvd Denton 11800 South Loop 288 Cherry Hill 12100 Rte 38 Orlando 12712 East Colonial Or Fort Worth 15200 S Hulen St Essex Green 1495 Prospect Ave&1-280 Orlando 14625 Millenia Plaza Way Plano 1721 N Cengtral Expressway River Edge 11001 Main St Palm Beach Gardens 111221 Legacy Ave Plano 18700 Preston Rd Union 1950 Springfield Rd Pembroke Pines 115980 Pines Blvd San Antonio/Del Norte 1 125 NW Loop 410 Plantation 1801 S University Or Suite G100 Lewisville 12325 S Stemmons Freeway Maryland-2 Stores Sarasota 18539 Cooper Creek Blvd San Antonio/rhe Rim 117530 La Cantera Pkwy Laurel 13321 Corridor Marketplace Sarasota/Pelican Point 18280 S Tamiami Trail Sunset Valley 15601 Brodie Lane Suite 800 Towson 18727 Loch Raven Blvd St.Petersburg 14880 Park Street North Stuart 12550 NW Federal Hwy Washington State-10 Stores Virginia- 14 Stores Tampa 11720 North Dale Mabry Highway Bellevue 1699120th Ave NE Unit B Alexandria 16240 Little River Turnpike Wellington 1960 South SR-7/US 441 Federal Way 132095 Pacific Highway S Chantilly 113055-C Lee Jackson Highway West Kendall Miami 111960 Mills Dr Lynnwood 127011 84th St SE Chesapeake 11600 Crossways Blvd Northgate 1525 NE Northgate Way Suite 5 Fairfax 19484 Main St Georgia-4 Stores Olympia 1625 Black Lake Blvd Suite 405 Fredericksburg 11641 Carl D.Silver Parkway Puyallup 1120 31st Ave,SE Alpharetta 1360 North Point Cr Manassas 18103 Sudley Rd Spokane 19980 N Newport Highway McLean 11451 Chain Bridge Rd Atlanta 124 Perimeter Center West Spokane Valley 113802 E.Indiana Ave Newport News 1308 Oyster Point Rd Brookhaven Tukwila 1300 Andover Park West Suite 500 Norfolk 1536 West 21 st St Kennesaw 74400 Ernest Peachtree est W Barrett NE Pkwy Vancouver 14816 NE Thurston Way S.Richmond 110036 Robious Rd Arizona-10 Stores Springfield I Tower Shopping Center Gilbert 1 Connecticut-3 Stores 117 Sterling 146301 Potomac Run Plaza E Williams Field Rd Manchester 11480 Pleasant Valley Rd Virginia Beach 11744 Laskin Rd Glendale 1 North 75th Ave Milford 1230 Cherry Street W.Richmond 18099 West Broad St Goodyear 11441616 Litchfield Rd Norwalk 1380 Main Ave Phoenix 11670 E Camelback Rd Phoenix 121001 North Tatum Blvd North Carolina-12 Stores Scottsdale 110320 N Scottsdale Rd New Mexico-2 Stores Battleground 12976 Battleground Ave Tempe 18544 South Emerald Dr Albuquerque 110420 Coors Blvd Bypass NW Gary 1333 Crossroads Blvd Tempe-Marketplace 11900 E Rio Salado Pkwy Albuquerque Uptown 16701 Uptown Blvd NE Charlotte 11600 East Woodlawn Ave Tucson 14370 North Oracle Rd Charlotte 1440 E McCullough Or Tucson-Park Place Mall 15870 E Broadway Blvd Minnesota-5 Stores Charlotte 15341 Ballantyne Commons Pkwy Bloomington 14260 W 78th St Durham 13615 Witherspoon Blvd California-14 Stores Burnsville 1380 Main Ave Greensboro 13503 High Point Rd Brea 1471 South Associate Rd Maple Grove 112795 Elm Creek Blvd N Huntersville 18709 Townley Rd Elk Grove 17707 Laguna Blvd Suite 140 Roseville 12401 Fairview Ave.North Raleigh 14421 Six Forks Rd Folsom 12765 East Bidwell St Woodbury 17150 Valley Creek Plaza Raleigh 16105 Capital Blvd Huntington Beach 116272 Beach Blvd Raleigh 18381 Brier Creek Prkwy Laguna Hills 124001-8 EI Toro Rd Massachusetts-1 Store Winston Salem 1551 South Stratford Rd Long Beach 17400 Carson Blvd Natick 1321 Speen Street Northridge 119346 Nordoff St South Carolina-3 Stores Missouri-3 Stores Palm Desert 172339 California Hwy 111 Columbia 1 1820 Ashley River Rd Rancho Cucamonga 18201 Day Creek Blvd Town&Country Brentwood Manchester e Rd Columbia 275 Harbison Blvd Redondo Beach 11505 Hawthorne Blvd Brentwood 90 Brentwood Promenade Ct Greenville 11125 Woodruff Rd Chesterfield Roseville 15791 Five Star Or 1781 Clarkson Rd Florida-26 Stores Sacramento 12121 Arden Way Thousand Oaks 1394 N Moorpark Rd Altamonte 160E Altamonte DR Boca Raton 15050 Town Center Circle Tustin 2952 EI Camino Real Boynton Beach 1850 North Congress Ave Nevada-4 Stores Clearwater 12528 State Rd 580 Henderson 1501 N Stephanie St Coral Springs 12564 N University Drive Reno 16671 S Virginia St Daytona 12500 W International Speedway Blvd Summerlin 1730 S Rampart Blvd Ft.Lauderdale 11906 Cordova Rd Centennial 1 5720 Centennial Center Blvd Ft.Myers 113711 S Tamiami Trail Jacksonville 14415 Town Center Pkwy Visit us at totalwine.com 1 7 Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine and More Conditional Use Permit (PA2017-043) Real Estate Strategy Total Wine&More's real estate strategy is complex,in large part due to liquor licensing laws that are particular to each state. As a result,our company Total Wine's typical building and location requirements are as follows: expansion efforts are primarily focused in those states that allow multiple licenses for the sale of wine,beer and spirits. We are currently focused on •25,000—30,000 SF(12,000-20,000 SF acceptable in some locafJons) the states of Florida,Texas,Washington,Minnesota,Nevada,Missouri and •Minimum 120'frontage(less frontage acceptable in some locations) Massachusetts. •Minimum 150'depth •Parking ratio:4-5 per 1,000 SF We attract high-income,well-educated customers who want large,clean and •Recessed loading dock access comfortable stores with excellent design features that provide an up-scale •Excellent store fagade and signage visibility, shopping environment. We are often located at power or lifestyle centers regional access,and ample parking with national co-tenants such as REI,Dick's Sporting Goods,Target, •Population of 75,000(within 3 miles) Nordstrom Rack or other quality high-end retailers. •Average household income of$100,000(within 3 miles) MA(1) CT(a) 'NJ (4) NV VA DE(2) (14) MD (2) CA MO (14) (a) NC (12) SC ((10) NM GA (;) (2) { (4) TX 01) FL (26) Visit totalwine.com for more details. 8 1 Total Wine&More Business Profile Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine and More Conditional Use Permit (PA2017-043) Consistent and Steady Growth 52,037 Million 51,153 $1,092 All Stores-Annual Sales 5,.259 51,050 5096 5]90 5662 5553 5000 5352 91 $202 5191 5153 5118 5130 593 550 53 513 519 529 536 1932 1993 199d 1995 1996 1997 1898 1993 29W 2001 M02 2003 2000 2005 2006 2007 2008 2P]9 2010 'X111 2012 11)13 2013 21)15 161 50 All Stores-Store Count 130 113 100 100 ]0 59 G3 56 50 99 a1) 33 25 25 19 i1sli 16 11 13 6 2 z 3 3 1992 190 10< 1995 1896 1591 1998 1999�SW 2.1 2002 2003 2MI ?W5 2M5 2007 X08 H X110 2011 X12 XIJ M14 2015 MIS Total Wine & More is expected to double in size in the next five years. Visit us at totalwine.com 19 Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine and More Conditional Use Permit (PA2017-043) Fine Wine Focus Each of our stores contains a c6inate `' controlCed fine wine cellar. Within our vast range of fine wines,we have developed a specialized focus s on those fine wines with retails above$20.This segment of our wine 0 business has shown rapid growth and we have created an in-store environment that fosters continued growth in this area.We sell allocated, prestige items at full margins in order not to damage the image of these brands by discounting.We work with prestigious wineries to ensure that our presentation of their wines is consistent with the long-term healthy development of the brand. ' r x � ON All LOr Visit us at totalwine.com 111 Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine and More Conditional Use Permit (PA2O17-043) Beer Superstore 7ota(Wine is committed to have the best beer serection in every ma*t where we operate. Our selection includes craft beers,imports,main line beers,special release beers,seasonal beers and specialty beers.Our beer consumer is an upscale beer consumer who enjoys our wide selection and excellent customer service.We carry approximately 2,500 varieties of beer and 1W I sell over 7,000,000 cases annually.The seasonal and special release category is the fast growing segment of our beer business. c. 7ptal Wine is committed to working with suppliers and wholesalers to sure that we carry the best beer assortment Beer Education We educate our sales people on the beer category giving them good information concerning the styles of beer and teaching them how to interact with beer consumers. Customer Service We have dedicated sales associates in our beer departments to serve customers and provide assistance as they make product selections. We're constantly developing new merchandising approaches to help inform and educate consumers on beer and improve the shopping experience. Product information is key;our experts write unique reviews for all beers that are displayed on our shelf talkers,providing state of origin,beer style,ABV,and aroma and taste characteristics. t " BEERS r iY r y L 12 1 Total Wine&More Business Profile Planning Commission - July 6, 2017 Item No. 3a Additional Materia E d at Meeting Totalc�t �� 2017-043) Destination for Spirits t OurSpints Customer, muck * our set wine and beer customer, appreciates our °" - •" wide serection and unmatched , customer service. It is our goal to meet the needs of each spirits customer coming to our stores and attract new ones with our selection,service and great prices. + Total Wine carries about 3,000 different spirits skus in each store and we sell more than 2,000,000 cases each year.We strive to be the first to market and the destination for new products.Our selection includes items for every category ranging,from vodka to unique cordials. We are particularly proud of our high-end selections, including our Single-Malt Scotch,Bourbon and Tequila sections as we aim to attract connoisseurs. Total Wine&More is committed to working with suppliers and wholesalers to ensure that we carry the best assortment for each store. Customer Service and Experience Spirits Education We are committed to ensuring the best customer experience possible. We Total Wine&More is dedicated to spirits education with our store teams. encourage suppliers to arrange tastings and events through our Customer It is our goal for our sales team to know the differences between each Experience team wherever legal.We have dedicated team members in our segment and ensure that they are able to help our customers make the spirit department who provide customer assistance and advice on product best selections.Where legal we conduct spirits tastings on a regular selections. basis to educate our staff and customer. The stores are signed with reviews to assist in customer choices. We invite and welcome Master Distillers and other brand ambassadors We aggressively advertise spirits focusing on our selection,service to speak to our staff to be a part of our educational programs. and great prices. I r Visit us at totalwine.com 113 Planning Commission - July 6, 2017 Item No. 3a Additional Materials Presented at Meeting Total Wine,and lVoro4onditional Use P mit (PA2017-043) Staff Education We use the following training and f education programs to support our commitment of having the most knowredgea6Ce teams in the 6usiness: Initial Training Major Educational Training Events All sales team members undergo an extensive initial training program These are larger events held in our education centers. At these events,we that lasts three weeks. This training covers wine,beer and spirits have the opportunity for winemakers,brewers and master distillers from including types,production methods and tastings. around the world to review the history of their products and brands and to present their products to our staff. Our staff gains important real-world On-going Training knowledge from these informative and engaging guests. The products are Each week stores conduct in-store tastings which make it possible for then sampled,and each staff member takes detailed tasting notes and the staff to try new wines,beer and spirits. We include Premium critically evaluates them. These events are held seven times each year,and Selection items in this program. involve six hours of training and tasting followed by a dinner. The events are held over three consecutive days,in nine locations throughout the country. Local Training Seminars At each of these events we have about 50-100 of our employees attend. These small,regional tastings are held at training classrooms in stores covering nearly 700 employees. We will include Premium Selection items and focus on the particular types or styles of wines,beer or spirtts. We and producers in these training events. limit each tasting to an appropriate number of items,allowing sufficient time for an in-depth appraisal of each featured product. The history of Trips to Fine Wine Regions Around the World the producers and their production techniques are discussed in great Every year,Total Wine&More takes 70 staff members to the wine country detail and each staff member must formulate tasting notes summarizing of California. For six days the staff visits wineries and vineyards in the Napa each product. These seminars are held five times per year,and last two Valley and Sonoma county. Here they observe the soil,vines,barrels, to three hours. We include Premium Selection items and producers in stainless steel tanks and all the other components which combine to yield these tasting seminars, high quality wines. Every other year Total Wine takes 50 staff members to France and Spain for 12 days. Addftionally,smaller groups travel to France, Italy,Australia,Germany and other wine regions throughout the year, Itnrl �� �. "tit" t, . ,.., T!! Il�lli r' Y - f Visit us at totalwine.mm 115 Planning Commission - July 6, 2017 ting i 43) • r 1 t o . Consumer Events z Tastings � Tasting tables are prominently located within each Total Wine store and we welcome consumers to enjoy our weekly tastings(wine,spirits and/or beer, as allowable by local law). Our team works to produce a balanced tasting schedule that includes old favorites,brand new additions,highly rated and _ seasonal offerings.Tastings make it easy for consumers to adventure into new choices! Consumer Classes Total Wine&More hosts an array of wine,beer and spirit classes (where permitted by law)in our private,in-store classrooms. The fun and instructive classes are taught by local store experts who share their knowledge and passion,product-making techniques and producer history. Themes both domestic and international are offered,but no passport is " required to attend! Consumer response has been tremendous and class registration is always at capacity. "Meet the Expert"Events Consumers enjoy meeting the makers of the products we carry and we host these events regularly in all stores(as allowable by law). It's a great opportunity for our customers to make a personal connection to a product, hear first-hand the history and producer vision,and taste a family of products. We encourage producers to schedule these events as often as possible in all locations that coordinate with their travel plans. Visit us at totalwine.com 117 9 r ...1 •.PylR". - - r , •tom j' r ` e v J 1 � taw v•' �- ra ,11 Q —Imilem xX&M3 ® Hanllll� Singles i y- ° Is° 0---' DISMAYED BY STYLE 1 ' ... rR 14 F.MONDE 6 - � '- WOEF LLE . . � ..•.. WefP 140 A4 , V ' StP N.qE6 � '� � ��� ''' E • � � 3. _' N4 tfY 1V1Nf �, v.. 4M1 ilrlk I ^ •••i BPp'nN q AMA ♦ � Km, i •� r 4DFP.,pL„P• S 1 ltawar ,�` Dist rlc Y s� I r rvice �_ Self ` t le F I- 4� I t V — P Slee insida z Ilii .lm Ir 4 ' • •A • ! dw inkL 4 �? ' R- to Discover So many Grea ... so hard to 12 Flo 4M \ 1 \ \ 5 4 4 4 *4 t . Planning Commission - July 6, 2017 Item No. 3b Additional Materials Presented at Meeting -043) • r, M JAE y 1 EW Pp Planning Commissionp�� �RTFr Public Hearing July 6, 20'17 c 9C1 FpStT•` .. Planning Commission - July 6, 2017 Item No. 3b Additional Materials Presented at Meeting -043) Introduction 4D mi Total Wine & More Conditional Use Permit (CUP) Retail sale of alcohol (off-sale) Wine/Beer Tasting Events (on -sale) ■ Hours of Operation : Monday — Saturday 8 : oo a . m . to ZZ: oo p . m . Sundays 8 : oo a . m . to 9 : oo p . m . 07/13/2012 Community Development Department - Planning Division 2 Planning Commission - July 6, 2017 Item No. 3b Additional Materials Presented at Meeting -043) Vicinity Map i • Bison Avenue ` uuRENT Subject MARSgEq pR Properly �� W J =f � 1 '•"'�•1� � OISON AVE Q 07/13/2012 Community Development Department - Planning Division 3 Planning Commission - July 6, 2017 Item No. 3b Additional Materials Presented at Meeting 043) Background Site Plan - Total Wine & More 1280 Bison Avenue, Suite B-15 Newport Beach, CA ,2zoA7 pp F COMFORT 128085 SOLE 3y � �A M 4� §a 8 } ' A•� Total Wine&More - : E� wartvT.aww Fv.u.evasn m r - TnMi E.WWe se Tr,0 M e t e 2 ID U AJUN • c¢ Q PITA JUNGLE r L ' T 128003 21255E I I I oEu a • ss 2.80.55SF Sf Site Size:4.815 acres BISON STREET Building Area:44,662 sf Parking Stalls:269 Parking Ratio:6/1,000sf Scale:None No,r„ NEWPORT NORTH CENTER Planning Commission - July 6, 2017 Item No. 3b Additional Materials Presented at Meeting -043) ABC Licenses 4D Type 2l (OffSaleGeneral — Full Liquor) Standard retail license Type 86 ( Instructional Tasting) Manufacturers and Distributors provide samples ■ Type 42 (On - Sale Beer and Wine — for Public Premise) Employees provide samples 07/13/2012 Community Development Department - Planning Division 5 1• Floor Plan Emplo,ei Only Area Wine and Beer Tasting Area I' • ��u��� '� '� '' '� 1111 IIII 11111 1!1111 '� ���il ---- 111111 11111 1111 IIII 11111 111111 j •` im �\`I ®��©�� 111111 11111 1111 IIII 11111 111111 iii\ .I ;I IIA111 IAlll IA11 11111 1111.1 I!®111 j ��" �� V`\\i 11 11 111 111 111 111 111 % �"' �i �CF11 AI All All A'1 All All % / � ■"'•••"'••11 0 0 0 0I] �I i� ■ ■ �. DevelopmentMain 07/13/2012 Community Department Division 6 Planning Commission - July 6, 2017 Item No. 3b Additional Materials Presented at Meeting 043) Recommendation 4D Conduct a public hearing ■ Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class i. ( Existing Facilities) of the CEQA Guidelines ■ Adopt Resolution No . approving Conditional Use Permit No . UP2017-004 07/13/2012 Community Development Department - Planning Division 7 1• 1. # a a ti 4 M For more information contact: - Liz Westmoreland 949-644-3234 lwestmoreland@newportbeachca.gov www.newportbeachca.gov Planning Commission - July 6, 2017 Item No. 3b Additional Materials Presented at Meeting -043) License Types Type 21 • Allows retail sales of beer, wine, Throughout all public areas of the and spirits for off-site consumption. store This license type is typically held by grocery stores, markets, liquor stores, etc. • Allows for employees to serve Confined tasting area tasting samples on-site. Bars that don't offer food typically hold this license type. . A subordinate license to a Type 21 Confined tasting area license that allows limited on-site instructional tastings by distributors and manufacturers (non-employees) • . . . . - 07/13/2012 Community Development Department - Planning Division 9