HomeMy WebLinkAboutPC RES 33651 RESOLUTION NO. 3365
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF CODE AMENDMENT 95-003 AMENDING SPECIFIC
SECTIONS OF THE COMMERCIAL AND INDUSTRIAL DISTRICTS
RELATED TO DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC
BEVERAGE SALES ESTABLISHMENTS
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The Planning Commission of the City of Tustin does hereby resolve
as follows:
7 I.
8 A.
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B.
C.
D.
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II
~ BARBARA RE
2811 Recording Secretary
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The Planning Commission finds and determines as follows:
The amendment is in the best interest of the public
health, safety and welfare in that it will establish
greater minimum distance requirements between certain
land uses and on-site and off-site alcoholic beverage
sales establishments.
on-site sales establishments, excluding bonafide eating
establishments, are not adequately regulated by the
Zoning Code for minimum distances between similar
establishments and certain land uses.
It has been determined that the current regulations are
inadequate for calculating distance separations between
on-site and off-site alcohol beverage sales
establishments and certain land uses.
The amendment is consistent with the City of Tustin
General Plan Land Use Element goal to assure a safe,
healthy and aesthetically pleasing community.
II. The Planning Commission hereby recommends to the City Council
approval of Code Amendment 95-003, amending specific sections
of the Commercial and Industrial Districts of the Tustin City
Code related to distance separation regulations for alcoholic
beverage sales establishments as shown and attached hereto as
Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin
at a regular meeting held on the 25th day of September, 1995.
Chairpei%gon
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Resolution No. 3365
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3365 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,
held on the 25th day of September, 1995.
Recording Secretary
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RESOLUTION NO. 3365
EXHIBIT A
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL
AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY
CODE DISTANCE SEPARATION REGULATIONS. FOR ALCOHOLIC
BEVERAGE SALES ESTABLISPIMENTS (C.A.95-003).
The City Council of the City of Tustin finds and determines as
follows:
a.
The Zoning Code was adopted to identify specific land
uses and standards of development to occur within certain
Zoning Districts; and
B ,
The amendment is in the best interest of the public
health, safety and welfare in that it will establish
greater minimum distance requirements between certain
land uses and on-site and off-site alcoholic beverage
sales establishments.
C .
On-site sales establishments, excluding bonafide eating
establishments, are not adequately regulated by the
Zoning Code for minimum distances between similar
establishments and.certain land uses.
D .
It has been determined that the current regulations are
inadequate for calculating distance separations between
on-site and off-site alcohol beverage sales
establishments and certain land uses.
E o
The amendment is consistent with the General Plan in that
it will not negatively impact the orderly growth and
development of the commercial or industrial districts of
the City.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
Section 1. The following provisions are hereby adopted as
interim regulations for alcoholic beverage sales establishments:
A. Subsection 9232b (p) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
floor area, and permitted businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
minimum distance regulations:
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Resolution No. 3365
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(1) 300 feet from any residentially zoned or used property.
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.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be.computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses, whether
inside or outside the City boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment
except for restaurant establishments whether inside or
outside the City boundaries, shall be computed by
measuring the distance between the closest exterior
structural walls of each use.
On-site alcoholic beverage sales establishments except
for restaurant establishments subject to the following
minimum distance regulations.
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except for
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments
except for restaurant establishments and; residentially
zoned or used property, churches, places of worship,
public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes
shall be computed by measuring the distance from the
closest exterior wall of the off-site establishment %o
the property line of any of the above uses, whether
inside or outside the City boundaries.
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Resolution No. 3365
Pa~e 3
B ·
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
except for'restaurant establishments whether inside or
outside the City boundaries, shall be computed by
measuring the distance between the closest exterior
structural walls of each use.
Subsection 9233c(v) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
floor area and permitted businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
minimum distance regulations:
(1) 300 feet from any other residentially zoned or used
property.
500 feet from any 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.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment,
except restaurant establishments whether inside or
outside City boundaries shall be computed by measurin~
the distance between the closest exterior structural
walls of each use.
On-site alcoholic beverage sales establishments except
restaurant establishments subject to the following minimum
distance regulations:
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Resolution No. 3365
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(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments
except restaurant establishments and; residentially zoned
or used property, churches, places of worship, public or
private schools, parks, playgrounds, clinics, hospitals,
health care facilities and convalescent homes shall be
computed by measuring the distance from the closest
exterior wall of the off-site establishment to the
property line of any of the above uses whether inside or
outside the city boundaries.
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
the distance between the closest exterior structural
walls of each use.
Subsection 9234c(10) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
floor area, and permitted businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
minimum distance of regulations:
(1) 300 feet from any residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health core- ~acility or convalescent_ home.
600 feet from existing on-site sales establishments,
excepz restaurant establishments.
(2) Minimum distances between of~-site sale establishments
and; residentially zoned or used property, churches,
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Resolution No. 3365
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places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment
except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
the distance between the closest exterior structural
walls of each use.
On-site alcoholic beverage sales establishments except
restaurant establishments subject to the following minimum
distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet' from any other existing on-site except
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments
except restaurant establishments and; residentially zoned
or used property, churches, places of worship, public or
private schools, parks, playgrounds, clinics, hospitals,
health care facilities and convalescent homes shall be
computed by measuring the distance from the. closest
exterior wall of the off-site establishment to the
property line of any of the above uses whether inside or
outside the city boundaries.
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
the distance between the closest exterior structural
walls of each use.
D ,
Subsection 9235c(dd) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
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Resolution No. 3365
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Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
floor area, and permitted businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
minimum distance of regulations:
(1) 300 feet from any residentially zoned or used property.
500 feet from any 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.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment
except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
the distance between the closest exterior structural
walls of each use.
On-site alcoholic beverage sales establishments except
restaurant establishments subject to ~he following minimum
distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
es~ab!ishmentso
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments
excep~ for restaurant establishments and; residentially
zoned or used property, churches, places of worship,
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Resolution No. 3365
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public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes
shall be computed by measuring the distance from the
closest exterior wall of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city'boundaries.
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
except restaurant establishments whether inside or'
outside City boundaries shall be computed by measuring
the distance between the closest exterior structural
walls of each use.
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Subsection 9242b(g) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross
floor area, subject to the following minimum distance
regulations:
(1) 300 feet from any residentially zoned or used property.
500 feet from any 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.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment
except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
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Resolution No. 3365
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the distance between the closest exterior structural
walls of each use.
On-site alcoholic beverage sales establishments except
restaurant establishments subject to the following minimum
distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments
except restaurant establishments and; residentially zoned
or used property, churches, places of worship, public or
private schools, parks, playgrounds, clinics, hospitals,
health care facilities and convalescent homes shall be
computed by measuring the distance from the closest
exterior wall of the off-site establishment to the
property line of any of the above uses.
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
the distance between the closest exterior structural
walls of each use.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the day of , 1995.
JIM POTTS
Mayor
PAM, ELA STOKER
City Clerk
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Resolution No. 3365
Page 9
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 3365
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Resolution No. 3365
was duly and regularly introduced, passed and adopted at a regular
meeting of the City Council held on the day of
, 1995, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
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