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RESOLUTION NO. 3089
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF CODE AMENDMENT
92-007, AMENDING SPECIFIC SECTIONS IN THE
COMMERCIAL AND INDUSTRIAL DISTRICTS OF THE
TUSTIN CITY CODE TO MODIFY REQUIREMENTS FOR
OFF-SITE ALCOHOLIC BEVERAGES SALES
ESTABLISHMENTS
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission 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
·
It has been determined that there is a current
and future need for supermarkets and large
retail establishments which provide the sale
of alcoholic beverages as part of their
business but can not be established due to
current limitations and regulations related to
minimum distance requirements between certain
land uses within the commercial and industrial
districts; and
Ce
The amendment is in the best interest of the
public health, safety and welfare in that it
will still maintain minimum distance
requirements between certain land uses and
project discretion for small off-site
alcoholic beverage sales establishments and
convenience markets as currently provided by
the Code; and
D .
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.
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Resolution No. 3089
Page 2
II. The Planning Commission hereby recommends to the
City Council approval of Code Amendment 92-007,
amending specific sections in the commercial and
industrial districts of the Tustin City Code to
modify requirement for off-site alcoholic beverage
sales establishments as contained in the draft
ordinance attached hereto as Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 12th day of
October, 1992.
KATHLEEN CLANCY-
Recording Secreta~
MARJ'O~,I~' KASALEk~ .......
Cha irm~n
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3089 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 12th day of
October, 1992.
KATHLEEN CLANCY ......
Recording Secretary
RESOLUTION NO. 3089
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 TO
MODIFY REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES
ESTABLISHMENTS (CA92-007)
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
Be
It has been determined that there is a current and
future need for supermarkets and large retail
establishments which provide the sale of alcoholic
beverages as part of their business but can not be
established due to current limitations and
regulations related to minimum distance
requirements between certain land uses within the
commercial and industrial districts; and
C ·
The amendment is in the best interest of the public
health, safety and welfare in that it will still
maintain minimum distance requirements, between
certain land uses and project discretion for small
off-site alcoholic beverage sales establishments
and convenience markets as currently provided by
the Code; and
D .
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 Council of the
City of Tustin DOES HEREBY ORDAIN as follows:
Section 1. Article 9, Chapter 2, Part 9 of the Tustin City
Code is hereby amended as follows:
A·
Subsection 9232a(1) entitled "Retail Businesses,
exemplified by the following list, when conducted
within a building:" is amended to add subsection
(cc) to read as follows:
"(cc)
Off-site alcoholic beverage sales located
within a building and permitted business
with at least 15,000 square feet of gross
floor area and where the alcoholic
beverage sales area within the building
occupies no more than 10 percent of the
gross floor area"
Resolution No. 3089
Exhibit A
October 12, 1992
Page 2
Be
Subsection 9234a entitled "-ermitted Uses" is
amended to add subsection (6) -~ read as follows:
C .
D ·
"(6)' 0ff-si.te~.?!a~coholic beverage sales.....10cated
With~n·a bUilding·and permitted· business with
a~".!::'ieast'.:?'lS~"O00.':Square feet of'. gross.'floor
area:'~a'nd':':whe'~e'.the alcohclic beverage·sales
~fe~·····~i~hl!·n?i{h·~/b~iiding sccupies··n~ more than
10'.percent.of.the gross f'oor area"
Subsection 9235b(2) entitled "Retail Businesses,
exemplified by the following _ist, when conducted
within a building: " is amendel to add subsection
(dd) to read as follows:
"(dd)'."' off~Site'alCoholic beverage sales located
· · with~in a building an~ permitted business
with at ··least 15,000 square feet of gross
f.lo.o~. .a~ea · and where the alcohol~fc
beverage....sales area within the building
· .. '~ : · .: · · .
occuPles:'no. ·more than l0 percent of .the
gross i·floor ··area"
·..... : ':. · '..:.2 · . :'2 · ... ·. '
Subsection 9242a entitled "-ermitted Uses" is
amended to add subsection (d) :~ read as follows:
"·(d)··Of·f~site····a·lcohol~c beverage sales located
'with~n.'.a..:bui!dling:·and permitted ··business·with
at..'least:':..:'!5.:~0.00..square feet of gross floor
area·:and·:·wherei··the alcokclic beverage sales
area within·the building cccupies no more than
10 percent of ·the gross floor area"
E. Subsection 9232b (p) is amende~ to read as follows:
"Alcoholic beverage sales estak'ishments subject to
the following criteria'
Off site salcs
- ~- .......... nt~ alcoholic beverage
sales located in a building ami permitted business
with less than 15,000 square feet of gross floor
area, or where the off-site alcoholic beverage
sales area within the building occupies more than
10 percent of the gross fi~3r area, shall be
located a minimum distance of:
100 feet from any reside:5ially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hcs:[.tal."
Resolution No. 3089
Exhibit A
October 12, 1992
Page 3
F. Subsection 9233c(v) is amended to read as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
Off-site alcs
s ~hm ..... alcoholic beverage
sales.located in'a. building and permitted business
with less than 1.5/000 .square feet of gross floor
area, .or where.~the~ offrsite alcoholic beverage
sales~'.area'within..~"~'he..building occupies more than
10 percent of .'the "gross . floor area, shall be
located a minimum distance of:
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital."
G. Subsection 9234c(10) is amended to read as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
Off-site salcs
.................. alcoholic beverage
sales located'in"a .building and permitted business
with less than 1.5,000' square feet of gross floor
area, or 'where.'the' off-site alcoholic beverage
sales area within'the building occupies more than
10 percent . of .the gross floor area, shall be
located a minimum distance of:
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital.."
11. Subsection 923bc(dd) .].s amended to read a.~.; follows:
"Alcoholic beverage sales establishments subject to
the fo]. ].owing criteria:
Resolution No. 3089
Exhibit A
October 12, 1992
Page 4
Off-site salcs esta~lishmcnts alcoholic beverage
sales located in a building and permitted business
with less than 15,.000 square feet .of gross floor
area, or.'.'where .~the' off-site .alcoholic beverage
sales.a~ea~..Within'.'the.bui~lding .o~c~pies. more than
10'.' pe~cent'.Of' the'..:.i~gross '.floor'. area, shall be
located a minimum'distance"0f:
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital."
I. Subsection 9242b(g) is amended to read as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
Off-site ~ .... ~~^~ lcoholi beverage
sai~'esi'~iocat'ed...~in'~.a...ibuii!ding.~and.'perm~itted.bUsiness
With.~ less .~thani'.lS~OO.O.~.~square/feet"of' gross.floor
a~ea.,i'.O.r".~here'...the'..'off-site.... .... .alcoholic beverage
sai~es.a~ea..within.'.the bui!ding.i~.0ccupies more than
10.>.percent of the ' gross floor area, shall be
located' a minimum distance of:
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital."
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the day of , 1992.
'~i~-[~I1--.2--ANNE I~ONT10US
Mayor
MARY WYNN
City Clerk
Resolution No. 3089
Exhibit A
October 12, 1992
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE
MARY E. WYNN, 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 Czuncil of the City of
Tustin is five; that the above and foregoing Resolution No. 3089
was duly and regularly introduced, passed anJ adopted at a regular
meeting of the City Council held on the day of ,
1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
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