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HomeMy WebLinkAboutPC RES 3687l0 ]3 ]4 20 24 25 27 RESOLUTION NO. 3687 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING RESOLUTION NO. 3366 PERTAINING TO GUIDELINES FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: II. Ill. Ao That Planning Commission Resolution No. 3366, established policy guidelines to be followed in reviewing alcoholic beverage sales establishment proposals. Bo That guidelines are needed to promote and protect the public health, safety and general welfare and preserve and .enhance the quality of the City relating to alcoholic beverage sales establishments. In preparing the Alcoholic Beverage Sales Establishment Guidelines, the Planning Commission finds and determines: A. That certain policies and findings shall be considered by the Community Development Department staff and the Planning Commission when Considering development applications for alcoholic beverage sales establishment uses within designated zoning districts. S. That the guidelines provide policies, definitions and findings that mitigate impacts typically associated with alcoholic beverage sales establishments. The Planning Commission hereby adopts Resolution No. 3687 amending Resolution No. 3366 pertaining to alcoholic beverage sales establishments, attached hereto as Exhibit A. ]0 ]2 ]3 ]4 18 2O 2! 22 23 2.4 26 27 29 Resolution No. 3687 Page 2 PASSED AND ADOPTED at.-a regular meeting of the Tustin Planning Commission, held on the 23rd day of August, 1999. ,,~'i:~t~1~E~ V. KOZAK ChairpL, r~on ' ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3687 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23~ day of August, 1999. -ELIZABE'~H A. BINSACK Planning Commission Secretary CITY OF TUSTIN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES PURPOSE AND INTENT: The purpose of these guidelines is to set forth guidelines to be considered in conjunction with the conditional use permit process to promote and protect the public health, safety and general welfare, and preserve and enhance the quality of the City relating to establishments selling alcoholic beverages for on- and off-site consumption. To fulfill this purpose, it is the intent of these guidelines is to: 1. Establish reasonable guidelines to promote orderly de.velopment; Identify operational guidelines to minimize the impacts on adjacent properties and neighborhoods; and, o Ensure implementation of certain regulations necessary to protect public safety. POLICY: The' guidelines together with the Tustin City Code shall be considered by the Community Development Department and the Planning Commission in conjunction with applications for conditional use permits. The guidelines define on- and off-site alcoholic beverage sales establishments, identify desirable project characteristics, and set forth recommended findings and conditions of approval. The provisions contained herein shall be considered guidelines. The Zoning Administrator or Planning Commission may consider deviations when all the required findings can be made. Alcoholic Beverage Sales Establishment Guidelines Page 1 USING THE GUIDELINES I. ORGANIZATION The guidelines are organized into four sections: le Definitions: The definitions delineate on-site or off-site sales establishments and supplement uses described and regulated by the Tustin City Code and adopted Use Determinations. e Permit Process: The permit process identifies processing procedures for obtaining approval for on- and off-site alcoholic beverage sales establishments. II. ge Findings: Findings are provided to be considered for incorporation into project resolutions as adopted by the Zoning Administrator or Planning Commission. e Development Guidelines and Standard Conditions of Approval: The development guidelines axe conditions of approval that are to be incorporated intb'- project resolutions adopted .by the Zoning Administrator or Planning Commission. The development guidelines/conditions of approval provide minimum standards for operational characteristics of specific types of uses. DEFINITIONS The following definitions supplement uses described and regulated by the Tustin City Code and adopted Use Determinations and are to be used in determining whether a use is an on-site or off-site sales establishment. If there is a discrepancy with the following definitions, the Zoning Code shall prevail. Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments axe comprised of on-site and off-site establishments. Alcohol is either sold for consumption on the premises (on-site) or sold for consumption off the premises (off-site). The following definitions are grouped under on-site or off-site sales establishments and incorporate the regulations regarding sale of alcohol and types of uses defined by the Tustin City Code and adopted Use Determinations. On-Site Sales Establishment:. An on-site sales establishment provides for the sale of alcoholic beverages for consumption on the premises. On-site sales establishments, such as amusement resorts or clubs, are subject to the following minimum distance regulations measured from the closest exterior wall oi the on-site establishment to the property line of any of the Alcoholic Beverage Sales Establishment Guidelines Page 2 following sensitive uses. Restaurant establishments, as defined in these guidelines, are excluded from the distance regulations. . o 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing off-site sales establishment or on- site sales establishments except for a restaurant. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. Definitions of On-Site Sales Establishments: Amusement Resorts: include arcades, theaters, auditoriums, social halls and indoor/outdoor recreation facilities, including billiard/pool halls and bowling alleys. Facilities that serve beer, wine or other alcoholic beverages and are not ancillary to a full- service restaurant on the premises, or that utilize more than 50 percent of the total gross floor area of the establishment, shall be subject to the distance requirements for on-site sales establishments. Arcade: An establishment that has more than five coin or token operated video, pinball, electronically interactive games, virtual reality games, or any other machines which provide games and/or show movies or videotapes for entertainment purposes. Billiard/Pool Hall: An establishment with signing or advertising of billards and/or accommodating three (3) or more billard, pool, or similar games of skill. Bowling Alley: An indoor facility providing lanes and services for the purpose of bowling. These facilities may include ancillary retail sales of bowling merchandise, food and beverages. Indoor/Outdoor Recreation Facilities: An establishment designating more than 50 percent of the total square footage including indoor and outdoor areas to amusement/entertainment services, sports and types of recreation where a fee or admission is charged, including arcades containing coin or token operated amusements and/or electronic games; batting cages, go-cart and miniature auto race tracks; Alcoholic Beverage Sales Establishment Guidelines Page 3 golf driving ranges separate from golf courses; miniature golf; swim and tennis clubs;, bowling alleys; children's entertainment centers; pool and billiard rooms; skating and hockey rinks and parks, virtual reality establishments, etc. This does not include card rooms; or dance clubs, halls and ballrooms, which are included in the definition of "Bars". Theaters, 'Auditoriums, Social Halls: An indoor facility for public assembly and group entertainment including public and semi-public auditoriums, exhibition and social and convention halls, civic theaters, meeting halls, country clubs and facilities for "live" theatrical entertainment, musical concerts, motion pictures, video taped presentations, or slide photographs, and offers food and drink that is not ancillary to a full-service restaurant within the premises. These facilities are for use or rent by the general public. Clubs: An establishment with table and bar seating that serves beer, w~ne and other alcoholic beverages to patrons for on-site consumption, which is not an ancillary use to a full-service' restaurant. If food service is offered, the gross receipts of alcohol sales exceed the gross receipts of food sales. Bar/Nightclub: A bar or nightclub establishment typically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic 'acts, and/or food and drink that is not ancillary to a full- service restaurant, and the gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail bar or alcoholic beverage drinking place. Membership Organizations: Permanent, headquarters, and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations; political Alcoholic Beverage Sales Establishment Guidelines Page 4 organizations and other membership organizations. May include meeting facilities, and food preparation and dining facilities available to members only. However, this does not include country clubs, which is defined under "Theaters, Auditoriums and Social Halls" above. Microbrewery: A tasting facility or bar ancillary to the production of beer and where the production of beer is not ancillary to a full-service restaurant within the facility. Restaurant: A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption. At least 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery, billiard/pool tables, video games, public dancing, and live entertainment, ancillary to the restaurant use. Lounge (Cocktail Lounge): A designated area with table and bar seating within a full service restaurant where alcoholic beverages are served for on-site consumption. The gross receipts of food sales must exceed the gross receipts of alcohol sales. The area of · the lounge shall be less than 50 percent of the total dining area of the restaurant. Microbrewery: If the production of beer is ancillary to a full-service restaurant within the facility providing food and drink including the microbrew produced on-site, the microbrewery can be considered a restaurant. Off-Site Sales Establishment: The sale of alcoholic beverages for consumption off the premises. Off-site sales in an establishment less than 15,000 square feet and in establishments greater than 15,000 square feet where the alcohol beverage sales area occupies more than 10 percent of the gross floor area are subject to the following minimum distance regulations. 1. 300 feet from any residentially zoned or used property. Alcoholic Beverage Sales Establishment Guidelines Page 5 , o 500 feet from any other existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 600 feet from existing on-site sales 'establishments, except restaurant establishments. Definitions of Off-Site Establishments Convenience Store: A retail establishment that is under 15,000 square feet in size where food, beverage, magazines and auto related items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered a primary use when they occur within a retail business that is less than 15,000 square feet in gross floor area. or where the total area of sales is more than 10 percent of the total gross floor area. Food Market Store: A retail establishment where food, beverage, household and personal items, or any combination thereof, are sold for off-site consumption: Alcoholic beverage sales are considered an accessory use when included as part of another retail business that occupies at least 15,000 square feet of gross floor area, and where the total area devoted to alcoholic beverage sales occupies no more than 10 percent of the total gross floor area and are exempt from distance requirements. Alcoholic beverage sales are considered a primary use when they occur within a retail business 'where the total area of sales is more than 10 percent of the total gross floor area and would be defined as a convenience store. Microbrewery: An establishment that includes beverage production of beer and may include a tasting facility and sales of beer produced on the premises. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within a tasting facility. Restaurant (Take-Out): A retail establishment that sells food prepared on the premises and beverages solely for off-site consumption. Alcoholic Beverage Sales Establishment Guidelines Page 6 III. PERMIT PROCESS Applicants requesting approval for the on- or off site sale and/or consumption of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning Commission. Projects Subject to the Guidelines The sale of alcoholic beverages for on-site or off-site consumption at new or existing establishments, as regulated by the Zoning Code, shall comply with these guidelines. IV. REQUIRED FINDINGS In considering applications for alcoholic beverage sales establishments, the Zoning Administrator and/or the Planning Commission shall find the following: o That the establishment, maintenance and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses related thereto will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental 'to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by specified findings. , That the operational characteristics and features of the facility such as the hours of operation, outdoor dining, live entertainment, coin operated video games, and billiard/pool tables, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes,, and other similar uses selling or serving alcoholic beverages. o That the development or modification of an establishment selling alcoholic beverages shall be consistent with the General Plan and Zoning Code. V. DEVELOPMENT GUIDELINES AND CONDITIONS OF APPROVAL The following guidelines are set forth as recommended conditions of approval to identify desirable project characteristics and operating conditions for specified uses and ensure compliance through incorporation into approval resolutions. Alcoholic Beverage Sales Establishment Guidelines Page 7 " 1. All Sales Establishments (On-Site and Off-Site Sales): ao bo Co do Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. A copy shall provided to the City. eo Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. No loitering signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each day that the business is .. open. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. go ho Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Director which states that the property owner, applicant, and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. Alcoholic Beverage Sales Establishment Guidelines Page $ 2. Ail On-Site Sales Establishments: ao All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. bo Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject site. At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. Co Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.1 Amusement Resorts & Clubs: ao All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. b. No ou.tdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. C. Operating hours shall be determined by the Planning Commission. do The gross annual sales receipts shall be provided to the Community Development Department annually. 2.2 Restaurants: a: The restaurant menu shall consist of foods that are prepared on the premises. bo No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. Co All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Alcoholic Beverage Sales Establishment Guidelines Page 9 do The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. e eo Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. One billiard or pool table shall be permitted for every 2,000 .square feet of total gross floor area of the restaurant up to a maximum of two (2) tables. go A maximum of five coin operated video arcade games, virtual reality games or coin operated games may be located on the premises. ho Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. The'groas annual sales receipts shall be provided to the Community Development Department annually. Off-Site Sales: ao All persons selling alcoholic beverages for .off-site consumption shall be 21 years of age or older. bo No alcoholic beverages shall be consumed on the property or any adjacent property to the licensed premises. Co Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than 10 feet from the point of sale and a minimum of five feet from the entrance to the premises. do No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. eo For establishments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. Alcoholic. Beverage Sales Establishment Guidelines Page 10 Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual reality or coin/token operated games. o. 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