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HomeMy WebLinkAbout05 CA 2011-0515F- AGENDA MEETING DATE: OCTOBER 11, 2011 ITEM # 5 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 2011-05 PROPERTY OWNER: STEVEN M. BROWN 8524 STARR ROAD WINDSOR, CA 95492 SUMMARY: APPLICANT: WALGREEN CO. ATTN: MICHAEL REDSTONE 104 WILMOT ROAD, 2ND FLOOR, MS#1420 DEERFIELD, IL 60015 Walgreen Co. has submitted a code amendment application to revise Tustin City Code Sections 9232a1.(a) and 9271dd(1). Tustin City Code Section 9232a1.(a) allows off- site sales of alcoholic beverages by rights when located within a building and permitted business with at least 15,000 square feet in gross floor area and where the alcoholic beverages sales area does not exceed ten(10) percent of the gross floor area. Section 9271dd(1) requires approval of a conditional use permit prior to the establishment of an off-site alcoholic beverage sales establishment that are less than 15,000 square feet or when the alcoholic beverages sales area exceed ten (10) percent of the gross floor area and that these types of establishments are subject to distance requirements to sensitive uses. The proposed Code Amendment 2011-05 would reduce the threshold of gross floor area from 15,000 square feet to 12,000 square feet. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15270(a) of the California Code of Regulations (Guidelines for California Environmental Quality Act). CEQA does not apply to projects which a public agency rejects or disapproves. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4184, denying Code Amendment 2011-05, a request to amend Sections 9232a1.(a) and 9271dd(1) to allow off-site sales of alcoholic beverages businesses with more than 12,000 square feet as outright Planning Commission Report October 11, 2011 CA 2011-05 Page 2 permitted uses in the Retail Commercial (C-1) zoning district and require approval of conditional use permits for businesses with less than 12,000 square feet gross floor area and where the alcoholic beverages sales area is more than ten (10) percent of the gross floor area and subject to distance requirements to sensitive uses, respectively. BACKGROUND: Currently, the Tustin City Code requires approval of a conditional use permit for on-site and off-site alcoholic beverages sales except for businesses with at least 15,000 square feet of gross floor area and where the alcoholic sales area is less than ten (10) percent of gross floor area. Walgreens proposes that off-site alcoholic sales stores with at least 12,000 square feet where the alcoholic sales area is less than ten (10) percent of gross floor area should be exempt from the conditional use permit requirement and from the distance requirements to sensitive uses. Sections 9232a1.(a) and 9271dd(1) specify certain requirements for off-site alcoholic beverage sales establishment in commercial zones and are summarized below: • Conditional use permit required for businesses with less than 15,000 square feet of gross floor area in order to sell alcoholic beverages; • Conditional use permit required for business with more than 15,000 square feet of gross floor area and where the alcoholic beverages sales area is more than ten (10) percent of floor area for alcoholic beverage sales; • Located minimum 300 feet from residentially zoned or used properties; • Located minimum 500 feet from other existing off-site sales establishments; • Located minimum 600 feet from a church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home, existing on-site sales establishments (excluding restaurants). Several ordinances have been established to address alcoholic beverage sales establishments and its impact on the surrounding community. The following table outlines the ordinances over the years. Copies of the ordinances are provided in Attachment A. Ord. 912 June 4, 1984 • Interim Urgency Ordinance • Moratorium on off -sale liquor stores Ord. 920 • November 19, 1984 • Required CUP for all businesses selling alcohol • Renamed "liquor store" to "alcoholic beverage sales establishment" • Added definition for "alcoholic beverage sales establishment" Ord. 981 . April 20, 1987 • Added definition for "convenience store" • Required CUP for convenience store • Required distance standards for alcoholic beverage sales establishments Planning Commission Report October 11, 2011 CA 2011-05 Page 3 DISCUSSION: Proposed Code Amendment Walgreens is a 12,560 square feet pharmacy located at 13052 Newport Avenue. The applicant originally requested a Variance and Conditional Use Permit for approval to sell alcoholic beverages for off-site consumption. The applicant requested a variance from the distance requirements because the store is too close to sensitive uses (church, private school, and playground) and other alcoholic beverage establishments (Bradley's Fine Wine and Spirits, Tustin Lanes, Trader Joe's, etc.) and a Conditional Use Permit because the store is less than 15,000 square feet. The applicant withdrew its original application and submitted a code amendment application. • Initiated by "Parents Who Care" — community group concerned with alcoholic beverage sales businesses. Ord. 1101 . November 16, 1992 • Exempted supermarkets and other large retail ,stores (min. 15,000 so, and less than 10 percent sales area, from CUP and distance requirements Ord. 1161 . January 2, 1996 • Revised distance requirements and added some sensitive land uses (residential, other alcoholic beverage sales establishments, church, place of worship, public or private schools, park, playground, clinic, hospital, health care facility and convalescent home) • Established methodology for measuring distance Ord. 1230 • June 19, 2000 • Interim Urgency Ordinance • Amended Planned Community (PC), Planned Community Industrial (PC -IND), and Specific Plan (SP) zoning districts to establish distance requirements • Established Planning Commission guidelines applicable to all alcoholic beverage sales establishments • Permanent ordinance was never adopted Ord. 1237 . June 4, 2001 • Added definition for "Specialty Store" • Specialty Stores exempt from distance requirements, but required to have CUP DISCUSSION: Proposed Code Amendment Walgreens is a 12,560 square feet pharmacy located at 13052 Newport Avenue. The applicant originally requested a Variance and Conditional Use Permit for approval to sell alcoholic beverages for off-site consumption. The applicant requested a variance from the distance requirements because the store is too close to sensitive uses (church, private school, and playground) and other alcoholic beverage establishments (Bradley's Fine Wine and Spirits, Tustin Lanes, Trader Joe's, etc.) and a Conditional Use Permit because the store is less than 15,000 square feet. The applicant withdrew its original application and submitted a code amendment application. Planning Commission Report October 11, 2011 CA 2011-05 Page 4 Code Amendment 2011-05 is a request to amend the Tustin City Code to exempt off- site alcoholic beverages sales establishments with at least 12,000 square feet of gross floor area where the alcoholic beverages sales area is no more than ten (10) percent of the gross floor area and require businesses with less than 12,000 square feet to obtain Conditional Use Permits (CUPs) to sell alcoholic beverages for off-site consumption and be subject to distance requirements. This amendment would lower the threshold for stores that would be exempt from 15,000 square feet to 12,000 square feet. The applicant's request for the proposed Code Amendment is included in this staff report as Attachment B. If approved, the proposed code amendment would allow the Walgreens pharmacy store located at 13052 Newport Avenue to be exempt from the conditional use permit and distance requirements and all other retail facilities with 12,000 square feet or more. Citywide Impacts Pursuant to Tustin City Code, those uses listed within the lower rank districts as either permitted or conditionally permitted would be allowed as permitted or conditionally permitted uses in the higher or more intense districts. For example, alcoholic beverage sales establishments with less than 15,000 square feet are conditionally permitted in the C-1 District; therefore, this use is also conditionally permitted within the Central Commercial (C-2), Heavy Commercial (C-3) and Commercial General (CG) districts. Accordingly, Planning Commission approval of the proposed code amendment would also impact the C-2, C-3 and CG Districts. The Figure 1 shows the general location of these zones in the City. The City no longer has any C-3 zoned properties. Planning Commission Report October 11, 2011 CA 2011-05 Page 5 C-1 17th St. ® C-2 , CG Irvine Blvd, 1st St. ® Main St. 4P LL ' S Rr�waY P U) �b meq`® Figure 1 The proposed code amendment would also affect how the City addresses convenience stores. Ordinance 981 established a definition for "convenience store" and required convenience stores to obtain approval of a conditional use permit per TCC Section 9232b10. Convenience stores are defined as "any establishment under fifteen thousand (15,000) square feet in size where food, beverage, maganize and auto related items, or any combination thereof, are sold for off-site use and/or consumption." The current 15,000 square feet threshold for convenience stores and alcoholic beverage sales establishments go hand in hand. The proposed code amendment would necessitate the City to analyze the potenial impacts of revising the convenience store definition. The current code also requires stores with less than 15,000 square feet to obtain a CUP and is subject to the distance requirements to sensitive uses. This regulation comes from Ordinance No. 1101, which was adopted with the intention of exempting supermarkets from the CUP requirement. The reasoning behind the 15,000 square feet threshold was that supermarkets, or grocery stores, are larger in square footage and are businesses where one would be able to shop for a variety of consumable goods and Planning Commission Report October 11, 2011 CA 2011-05 Page 6 that it is naturally within the scope of the business to sell alcoholic beverages as a small portion of their inventory. The applicant's business located at 13052 Newport Avenue is conditionally permitted as a drive-through pharmacy (Conditional Use Permit 02-021). The business is open 24 - hours, including the drive-through component. Availability of alcoholic beverage products at this location may result in secondary impacts such as increased call for service. The applicant provided an anlysis that identified existing businesses that are similar to the applicant's Walgreen's business and have a floor area between 12,000 square feet and 14,999 square feet (Attachment C). The applicant indicated that one (1) business, in addition to its own, could potentially benefit from the proposed code amendment. This analysis is incomplete as the impact of the proposed code amendment would apply Citywide. While the applicant states that only two (2) existing uses would qualify for the CUP exemption, a larger number of future businesses and tenant spaces may be eligible to sell alcoholic beverages without a CUP requirement, either through new businesses opening in Tustin or tenant improvements that expand the square footage of the existing uses to 12,000 square feet or more. Therefore, the actual impact of the. proposed code amendment is potentially greater than what can currently be analyzed and foreseen. Redevelopment Agency In addition, the project site is located within the Redevelopment project area. The Redevelopment Agency has reviewed the proposed Code Amendment and indicated that the proposed code amendment could have far reaching implications on the number of establishments that sell alcohol and such increases could contribute a continuance of depreciated values, impaired investments and economic maladjustment within the Project Areas, in conflict with the Redevelopment objectives (Attachment D). In addition, the potential increase in number of establishments selling alcohol does not enrich the livability of the neighborhoods in "The Neighborhoods of Tustin Town Center" and conflicts with the identified strategies that seek to create well-defined neighborhood centers, focus uses onto neighborhood -related and pedestrian oriented sites to form synergistic benefits with residential uses and accommodate a variety of family sizes. The neighborhoods are not deficient of alcohol selling establishments and proposed code amendments should enrich livability by creating pedestrian oriented sites within well-defined neighborhood centers that accommodate families and promote a sense of community. Public Convenience and Necessity/Police Department Input The applicant has also indicated that the California Department of Alcoholic Beverage Control (ABC) will require a finding of Public Convenience and Necessity for the applicant's store at 13052 Newport Avenue. A Finding of Public Convenience and Necessity is required by ABC when an applicant applies for an alcohol license in an Planning Commission Report October 11, 2011 CA 2011-05 Page 7 area that is considered to be overconcentrated with existing alcoholic beverage sales establishments, relative to the population. The Walgreens Pharmacy is located on Newport Avenue, between Old Irvine Boulevard and Irvine Boulevard. Plaza Lafayette is to the north and west, the Trader Joe's shopping center is the north east, Alta Dena Express is immediately adjacent to the southeast, a State Farm insurance office and the Tustin Heights Shopping Center is to the south (Figure 2). Figure 2 There are several alcoholic beverage sales establishments and sensitive uses within the Walgreens Pharmacy vicinity. Figure 2 shows the relative location of existing businesses and organizations such as Tustin Lanes, Trader Joe's, Ralphs Grocery Store, Bradley's Fine Wine and Spirits, Circle K, Alta Dena Express, Grace Harbor Church, and Talbert Medical Group. Numerous alcoholic beverage sales establishments for on-site consumption are located within the vicinity in that some restaurants in Plaza Lafayette, Tustin Heights Shopping Center, and Packers Square sell alcoholic beverages for on-site consumption. The City's Police Department has reviewed the proposal and have concluded that the applicant's store is located in an area that is saturated with alcoholic beverage sales establishments. Currently, there are 19 alcoholic beverage sales establishments Planning Commission Report October 11, 2011 CA 2011-05 Page 8 (including on-site and off-site consumption) within the vicinity. Also, in the immediate area are schools, churches, and the store is located on one of the City's busiest intersections. In addition, records indicate that there were 14 reported thefts of alcohol from licensed alcoholic beverage sales establishments during the past year that occurred in the north portion of the City, 50 percent of which occurred within the vicinity of the existing Walgreens Pharmacy. The Police Department has indicated that it would not be in support of the request for code amendment and Finding of Public Convenience and Necessity due to concerns of saturation and crime (Attachment D). FINDINGS: In determining whether to deny Code Amendment 2011-05, a request to revise the Tustin City Code to exempt off-site alcoholic beverages sales establishments with at least 12,000 square feet of gross floor area where the alcoholic beverages sales area is no more than ten (10) percent of the gross floor area and require businesses with less than 12,000 square feet to obtain Conditional Use Permits (CUPs) to .sell alcoholic beverages for off-site consumption and be subject to distance requirements; the Planning Commission must determine whether or not the proposed code amendment will 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. A decision to .deny this request may be supported by the following findings: 1. The City has a history of regulating alcoholic beverage sales in response to community concerns related to sales of alcoholic beverages. The City has closely looked at various alcoholic beverage sales issues and has primarily addressed concerns and potential negative impacts with some form of regulations. 2. The impact of the proposed code amendment would apply city-wide and while the applicant states that only one (1) additional existing use would qualify for the CUP exemption for alcoholic beverage sales, a larger number of future businesses and tenant spaces may be eligible to sell alcoholic beverages without approval of Conditional Use Permits. Therefore, the actual impact of the proposed code amendment is potentially greater than what can currently be analyzed and foreseen. 3. The current exemption of 15,000 square feet threshold are typical of supermarkets or groceries stores and adequately addresses the original concern in that supermarkets or grocery stores typically are larger in square footage and are businesses where one would be able to shop for a variety of consumable goods and that it is naturally within the scope of the business to sell alcoholic beverages as a small portion of their inventory. 4. That the proposed Code Amendment would increase the number of businesses eligible for exemptions throughout the City and may over saturate certain areas in the City with alcoholic licenses. Planning Commission Report October 11, 2011 CA 2011-05 Page 9 5. That there are adequate number of alcoholic sale establishments in the vicinity of the proposed project to serve the public convenience and necessity; therefore, the proposed project would not further the public convenience and necessity. 6. That various alcohol related crimes occuring within the vicinity of the proposed project site and citywide; lowering the building squarefootage threshold for alcoholic beverages establishments would increase the number of outright permitted alcoholic sales establishments and thereby increase the likelihood of additional alcohol related crimes in the City. 7. That the proposed code amendment could have far reaching implications on the number of establishments that sell alcohol and such increases could contribute a continuance of depreciated values, impaired investments and economic maladjustment within the Project Areas, in conflict with the Redevelopment objectives. Echm-eWnne V. Huffer lizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Alcoholic Beverage Sales Ordinances: 912, 920, 981, 1101, 1161, 1230, 1237 B. Submitted Code Amendment C. Submitted Analysis of Existing Similar Businesses D. Other Agencies Memos E. Resolution No. 4184 ATTACHMENT A 912, 920, 981, 1101, 1161, 1230, 1237 ORDINANCE 912 2 3 AN INTERIM URGENCY ORDINANCE OF THE CITY 4 OF TUSTIN, CALIFORNIA, ESTABLISHING A MORATORIUM UPON THE ISSUANCE OF PERMITS FOR OFF SALE LIQUOR STORES IN THE CITY 5 OF TUSTIN. 6 7 1. The City Council hereby finds and determines as follows: 8 A. In order to protect the public safety, health and welfare, it is necessary that an 9 interim ordinance be adopted as an urgency measure establishing a moratorium on the issuance 10 of permits for off -sale liquor stores in the City of Tustin and deleting off -sale liquor stores as 11 a permitted use during such moratorium. 12 B. The issuance of permits for off -sale liquor stores in the City of Tustin would be in conflict 13 with contemplated zoning proposal which the City Council, the Planning Commission and the Commun- 14 ity Development Department are considering and studying and intend to study and consider for a 15 reasonable period of time, to -wit approximately four (4) months. 16 C. The adoption of this interim ordinance as an 17 urgency measure is necessary to prevent the con- struction of any new off -sale liquor stores and 18 the commencement of use of any new off -sale liquor stores pending completion of such study. 19 D. Testimony at regular meetings of the City 20 Counicl held on May 7, 1984 and May 21,, 1984 and the comments of the City Council in reference to 21 this subject are incorporated herein by this reference. 22 NOW, THEREFORE, the City Council of the City of Tustin, 23 California does hereby ordain as follows: 24 Section 1: Liquor stores for off -sale and on -sale are prohibited uses in all zoning districts of the City. 25 Section 2: The provisions of Tustin City Code Sections 9232 26 a 1 (s) and 9235 b 2 (s) are suspended during the time in which this ordinance is in effect. 27 Section 3: No permits shall be issued by staff or the 28 Planning Commission for a new liquor store use during the time in which this ordinance is in effect. This ordinance does not prohibit the transfer of existing licenses for liquor stores presently existing and in operation in the 2 City, provided, that no change in the building or facilities is to occur as a result of the change. 3 Section 4: Liquor stores shall be deemed to include all 4 retail establishments which sell alcoholic beverages either as its principal merchandise or as incidental sales to other 5 products. 6 This ordinance is adopted as an urgency measure pursuant to California Government Code Section 65858 and upon approval of a 7 four-fifths (4/5th) vote of the City Council shall take effect I immediately upon adoption and shall remain in force and effect 8 for a period of forty-five (45) days from date of adoption. After notice pursuant to Government Code Section 65856 and public 9 hearing, the legislative body may extend such interim ordinance. 10 PASSED AND ADOPTED at a regular meeting of the City Coun- cil of the City of Tustin, California, held this 4th day of June, 11 1984. 12 13 MAYOR 141 ATTEST:_ 15 16 C Y CLER 17 18 JGR:se:D:5/10/84(67) JGR:se:R:5/16/84 19 TLW:se:R:6/l/84 201 21 22 23 24 251 26 27 28 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF TUSTIN } 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 Council of the City of Tustin is five; that the above and foregoing Ordinance No. 912 was duly and regularly introduced and read at a regular meeting of the City Council held on the 4th day of June, 1984, and was given its second reading and duly passed and adopted at a regular meeting held on the 4th day of June, 1984, as an iter_m urgency measure by the following vote: AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Saltarelli NOES : COUNCILPERSONS: Greinke ABSENT: COUNCILPERSONS: None MARY E. W NN, C y Clerk City of Tustin, aliforni PUBLISH TUSTIN NEWS: June 14, 1984 ORDINANCE NO. 920 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 3 84-3 THEREBY AMENDING SECTIONS 9232b(p), 9233c(v), 9234c(10), 9235c(dd), 9242b (g) AND 9297 OF THE TUSTIN 4 MUNICIPAL CODE, TO REQUIRE THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR ANY BUSINESS WHICH SELLS ALCOHOLIC BEVERAGES 5 WHEREAS, on September 17, 1984, the City Council 6 directed the City Attorney to prepare an ordinance requiring the granting of a conditional use permit before alcoholic 7 beverages can be sold by any business located within the City of Tustin. 8 NOW, THEREFORE, the City Council of the City of Tustin, 9 California, does ordain as follows: 10 Section 1: Section 9232b(p) of the Tustin Municipal Code, is amended as follows: 11 "A. 'Liquor Stores (including 'On-Sales') is 12 deleted as a conditionally permitted use. 13 B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional 14 use permit." 15 Section 2: Section 9233c(v) of the Tustin Municipal Code is amended as follows: 16 "A. 'Liquor Stores (including 'On-Sales')' is 17 deleted as a conditionally permitted use. 18 B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional 19 use permit". 20 Section 3: Section 9234c(10) of the Tustin Municipal Code is amended as follows: 21 "'Alcoholic Beverage Sales Establishments' shall be 22 added to uses allowed subject to a conditional use permit". 23 Section 4: Section 9235c(dd) of the Tustin Municipal 24 Code is amended as follows: 25 "A. 'Liquor Stores (Including 'On-Sales')' is deleted as a conditionally permitted use. 26 B. 'Alcoholic Beverage Sales Establishments' shall 27 be added to uses allowed subject to a conditional use permit." 28 ROURKE & WOODRUFF ATTORNEYS AT LAW SANTA ANA Section 5: Section 9242b(g) of the Tustin Municipal Code is amended as follows: 2 "'Alcoholic Beverage Sales Establishments' shall be 3 added to uses allowed subject to a conditional use permit." 4 Section f: Section 9297 of the Tustin municipal Code 5 is amended to add the following definition, integrated in alphabetical order, to read as follows: 6 "'Alcoholic Beverage Sales Establishment' means any 7 establishment where an alcoholic beverage is sold, including, but not limited to, liquor storest bars, 8 lounges, restaurants, markets, mini -marts, gas stations, drive-in dairies, bakeries and florists." PASSED AND ADOPTED by the City Council of the City of 10 Tustin, California, this 19th day of November 11 1984. 12 Mayor elf 13 ATTEST: 14 'Ci)bv Clerk 15 16 JGR:SA:pj:D:10/02/84(2) 17 18 19 20 21 22 23 24 25 26 27 28 ROURKE & WOODRUFF ATTORNEYS AT LAW 2 SANTA ANA STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF TUSTIN ) 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 Council of the City of Tustin is five; that the above and foregoing Ordinance No. 920 was duly and regularly introduced and read at a regular meeting of the City Council held on the 5th day of November, 1984, and was given its second reading and duly passed and adopted at a regular meeting held on the 19th day of November, 1984, by the following vote: AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Saitarelli NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: Greinke MARY E. WYNN, ity C1e* City of Tustin, Californi-a SUMMARY PUBLISHED IN TUSTIN NEWS: November 15, 1984 November 29, 1984 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 M 20 21 22 23 •24 251 21 281 ORDINANCE NO. 981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 87-1 THEREBY AMENDING SECTIONS 9232 b., 9233 c., 9234 c., 9235 c., 9242 b., and 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVENIENCE STORES AND ESTABLISHING DISTANCE STANDARDS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS. WHEREAS, on tURT the City Council of the City of Tustin, California, does as 0 Tows: Section 1: Section 9232 b. is. amended to add the following: 9232 b. (u). Convenience stores. Section 2: Section 9232 b (p) is amended as follows:. 9232 b (p). Alcoholic beverage sales establishments subject to the following criteria: Off-site sales establishments 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. Section 3: Section 9233 c. is amended to add the following: 9233 c. (aa). Convenience stores. Section.4: Section 9233 c (v) is amended to read as follows: 9233 c. (v) Alcoholic beverage sales establishments subject to the following cM teria: Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishment. - 600 feet from any church, public or private school, playground, or hospital. Section 5: Section 9234 c. is amended to add the following: 9234 c-(11) Convenience stores. Section 6: Section 9234 c. (10) is amended as follows: 9234 c (10) Alcoholic beverage sales establishments subject to the foll8wing criteria: Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishment. j Ust, >A J „4I�S�•{GC 0 % r< Ft^it'i i rt 1 9 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 U 25 Ordinance No. 981 page two - 600 feet from any church, public or private school, playground or hospital. Section 7: Section -9235 c. is amended to add the following: 9235 c (ff) Convenience stores. Section 8: Section 9235 c (dd) is amended as follows: 9235 c. (dd) Alcoholic beverage sales establishments subject to the following crfteria: Off-site sales establishments shall be located a minimum distance of: 100 feet from any residentially zoned or used properties. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital. Section 9: Section 9242 b. is amended to add the following: 9242 b. (f). Convenience stores. Section 10:•Section 9242 b, is amended as follows: 9242 b. (g). Alcoholic beverage sales establishments subject to the following criteria: Off-site sales establishments shall be located a minimum distance -of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishments. - 600 feet from any church, public or private school, playground or hospital. Section 11: Section 9272 of the Tustin Municipal Code is amended to add the following definition, integrated in alphabetical order, to read as follows: "'Convenience Store' means any establishment under 15,000 square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for off-site use and/or consumption." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 4th day of May ,/1.987, 26 KfCHAKU U.-"E1UA Mayor Att t 27 es . MAK I G. , City Clerk) STATE OF CALIFORNIA .COUNTY OF ORANGE j SS CITY OF TUSTIN 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 Council of the City of Tustin is five; that the above and foregoing Ordinance No. 481 waS duly and raafilarIv intrnrtitro.1 —A —A a+• s �sgUldr meeting ien its second he 4th day of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1101 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 B. 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1101 Page 2 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: 0 C. ISP Subsection 9234a entitled "Permitted Uses" is amended to add subsection (6) to read as follows: Subsection 9235b(2) entitled "Retail Businesses, exemplified by the following list, when conducted within a building: " is amended to add subsection (dd) to read as follows: Subsection 9242a entitled "Permitted Uses" is amended to add subsection (d) to read as follows: 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23� 24 �' 25, 26; 271 28� Ordinance No. 1101 Page 3 12M F. G. Subsection 9232b (p) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site sales estab lislime prt. �a I.C. 'h 1 min MM a 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." Subsection 9233c(v) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site sales establishments &I, Qh`611- shall be located a minimum distance or: 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." Subsection 9234c(10) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25� 26 27 28 Ordinance No. 1101 Page 4 Off-site sales establishments a minimum distance or: 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." H. Subsection 9235c(dd) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site sales establishments &1.C'*­0h6I-1J:':C.:'; all be iocatea a minimum distance or: 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 sales establishments a, 1 a'. Ohl 01: 1 C minimum distance or: E I or. 8 8 M T WoMeTtUrETW_� 1 2 3 4 5 6 I.. 9 10 11 12 13 14 15 1f), 17 18 19 20 21 22 23 24 21 26 Ordinance No. 1101 Page 5 100 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 16th day of November, 1992. LES IE ANNE PONTIOUS Mayor —M cf. Lj MARY W) N City CJqrk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN CERTIFICATION FOR ORDINANCE 1101 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 Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1101 was duly and regularly introduced* passed and adopted at a regular meeting of the City Council held on the 16th day of November, 1992, by the following vote: COUNCILMEMBER AYES: Pontious, Potts, Puckett, Saltarelli, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. t�ynn, Citt Cler 27 1101.df at the November 2, 1992 regular meeting of the City Council, and 23 1 ORDINANCE NO. 1161 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL 31 AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC 4 BEVERAGE SALES ESTABLISHMENTS (C.A.95-003). 5 The City Council of the City of Tustin finds and determines as follows: 6 A. The Zoning Code was adopted to identify specific land 7 uses and standards of development to occur within certain Zoning Districts; and 8 B. The amendment is in the best interest of the public 9 health, safety and welfare in that it will establish greater minimum distance requirements between certain 10 land uses and on-site and off-site alcoholic beverage sales establishments. 11 C. On-site sales establishments, excluding restaurant 12 establishments, are not adequately regulated by the Zoning Code for. minimum distances between similar 13 establishments and certain land uses. 14 D. It has been determined that the current regulations are inadequate for calculating distance separations between 15 on-site and off-site alcohol beverage sales establishments and certain land uses. 16 E. The amendment is consistent w ' ith the General Plan in that 17 it will not negatively impact the orderly growth and development of the commercial or industrial districts of 18 the City. 19 NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: 20 Section 1. The following provisions are hereby adopted as 21 interim regulations for alcoholic beverage sales establishments: 22 A. Subsection 9232b (p) is amended to read as follows: 23 "Alcoholic beverage sales establishments subject to the following criteria: 24 Off-site alcoholic beverage sales located in a building and 25 permitted business with less than 15,000 square feet of gross floor area, and permitted businesses with more than 15,000 26 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 27 percent of the gross floor area, subject to the following minimum distance regulations: 28 (1) 300 feet from any residentially zoned or used property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 2 SOO 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 bouricaries. (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 on-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 Ordinance No. 1161 Page 3 2 3 except for restaurant establishments whether inside or outside the City boundaries, shall be computed by 4 measuring the distance between the closest exterior structural walls of each use. 5 B. Subsection 9233c(v) is amended to read as follows: 6 "Alcoholic beverage sales establishments subject to the 7 following criteria: 8 Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross 9 floor area and permitted businesses with more than 15,000 .square feet of gross floor area where the off-site alcoholic 10 beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following 11 minimum distance regulations: 12 (1) 300 feet from any other residentially zoned or used property. 13 500 feet from any existing off-site sales establishment. 14 600 feetfrom any church, place of worship, public or 15 private school, park, playground, clinic, hospital, health care' facility or convalescent home. 16 600 feet from existing on-site sales establishments, 17 except restaurant establishments. is (2) Minimum distances between off-site sale establishments and; residentially zoned or used property, churches, 19 places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities 20 and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for 21 public/customer access of the off-site establishment to the property line of any of the above uses whether inside 22 or outside the city boundaries. 23 (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, 24 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 25 the distance between the closest exterior structural walls of each use. 26 On-site alcoholic beverage sales establishments except 27 restaurant, establishments subject to the following minimum distance regulations: 28 (1) 1, 000 feet from any residentially zoned or used property. Ordinance No. 1161 Page 4 2 3 1,000 feet from any other existing on-site except restaurant establishments or off-site sales 4 establishments. 5 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, 6 health care facility or convalescent home. 7 (2) minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned 8 or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, 9 health care facilities and convalescent homes shall be computed by measuring the distance from the closest 10 exterior wall of the on-site establishment to the property line of any of the above uses whether inside or 11 outside the city boundaries. 12 (3) Minimum distances between on-site sales establishments and another off-site or on-site sales establishment 13 except restaurant establishmentswhether inside or outside City boundaries shall be computed by measuring 14 the distance between the closest exterior structural walls of each use. 15 C. Subsection 9234c(10) is amended to read as follows: 16 "Alcoholic beverage sales establishments subject to the 17 following criteria: 18 Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross 19 floor area, and permitted businesses with more than 15,000 square feet of gross floor area where the off-site alcoholic 20 beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following 21 minimum distance of regulations: 22 (1) .300 feet from any residentially zoned or used property. 23 500 feet from any existing off-site sales establishment. 24 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, 25 health care facility or convalescent home. 26 600 feet from existing on-site sales establishments, except restaurant establishments. 27 (2) Minimum distances between off-site sale establishments 28 and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities Ordinance No. 1161 Page 5 2 3 and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for 4 public/custom'er access of the off-site establishment to the property line of any of the above uses whether inside 5 or outside the city boundaries. 6 (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment 7 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 8 the distance between the closest exterior structural walls of each use. 9 On-site alcoholic beverage sales establishments except 10 restaurant establishments subject to the following minimum distance regulations: 11 (1) 1, 000 f eet from any residentially zoned or used property. 12 1,000 feet from any other existing on-site except 13 restaurant establishments or off-site sales establishments. 14 1,000 feet from any church, place of worship, public or is private school, park, playground, clinic, hospital, health care facility or convalescent home. 16 (2) Minimum distances between on-site sale establishments 17 except restaurant establishments and; residentially zoned or used property, churches, places of worship, public or 18 private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be 19 computed by measuring the distance from the closest exterior wall of the on-site establishment to the 20 property line of any of the above uses whether inside or outside the city boundaries. 21 (3) Minimum distances between on-site sales establishments 22 and another off-site or on-site sales establishment except restaurant establishments whether inside or 23 outside City boundaries shall be computed by measuring the distance between the closest exterior structural 24 walls of each use. 25 D. Subsection 9235c(dd) is amended to read as follows: 26 "Alcoholic beverage sales establishments subject to the 27 following criteria: 28 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 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 6 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 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, healthcare 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 Ordinance No. 1161 Page 7 1 2 3 closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or 4 outside the city boundaries. 5 (3) Minimum distances between, on-site sales establishments and .another off-site or on-site sales establishment 6 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 7 the distance between the closest exterior structural walls of each use. 8 9 E. Subsection 9242b(g) is amended to read as follows: 10 "Alcoholic beverage sales establishments subject to the following criteria: 11 Off-site alcoholic beverage sales located in a building and 12 permitted business with less than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area 13 within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance 14 regulations: 15 (1) 300 feet from any residentially zoned or used property. 16 500 feet from any existing off-site sales establishment. 17 600 feet from any church, place of worship, public or private school, park, playgrourid, clinic, hospital, 18 health care facility or convalescent home. 19 600 feet from existing on-site sales establishments, except restaurant establishments. 20 (2) Minimum distances between off-site sale establishments 21 and; residentially zoned or used property, churches, places of worship, public or private schools, parks, 22 playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the 23 distance from the closest entry/exit provided for public/customer access of the off-site establishment to 24 the property line of any of the above uses whether inside or outside the city boundaries. 25 (3) Minimum distances between off-site sales establishment 26 and another off-site or on-site sales establishment .except restaurant establishments whether inside or 27� outside City boundaries shall be computed by measuring the distance between the closest exterior structural 28 walls of each use. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 8 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 on-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 2nd day of January, 1996. JIM POTTS Mayor PAMEL_ A STOKER City Clerk City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA j COUNTY OF ORANGE ) SS CITY OF TUSTIN ORDINANCE NO. 1161 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 ordinance No. 1161 was introduced at a regular meeting of the City Council held on December 4. 1995 and was passed and adopted at a regular meeting of the City Council held on January 2, 1996 by the following vote: COUNCILMEMBER AYES: Potts, Worley, Saltarelli, Thomas COUNCILMEMBER NOES: Doyle COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None 1 ORDINANCE NO. 1161 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL 3 AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC 4 BEVERAGE SALES ESTABLISHMENTS (C.A.95-003). 51 The City Council of the City of Tustin finds and determines as follows: G A. The Zoning Code was adopted to identify specific land 7 uses and standards of development to occur within certain Zoning Districts; and 8 B. The amendment is in the best interest of the public 9 health, safety and welfare in that it will establish greater minimum distance requirements between certain 10 land uses and on-site and off-site alcoholic beverage sales establishments. 11 C. On-site sales establishments, excluding restaurant 12 establishments, are not adequately regulated by the Zoning Code for. minimum distances between similar 13 establishments and certain land uses. 14 D. It has been determined that the current regulations are inadequate for calculating distance separations between 15 on-site and off-site alcohol beverage sales establishments and certain land uses. 16 E. The amendment is consistent w ' ith the General Plan in that 17 it will not negatively impact the orderly growth and development of the commercial or industrial districts of 18 the City. 19 NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: 20 Section 1. The following provisions are hereby adopted as 21 interim regulations for alcoholic beverage sales establishments: 22 A. Subsection 9232b (p) is amended to read as follows: 23 "Alcoholic beverage sales establishments subject to the following criteria: 24 Off-site alcoholic beverage sales located in a building and 25 permitted business with less than 15,000 square feet of gross floor area, and permitted businesses with more than 15,000 26 2G square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 27 percent of the gross floor area, subject to the following minimum distance regulations: 28 (1) 300 feet from any residentially zoned or used property. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 2 500 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 bouiicaries. (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, 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 on-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 Ordinance No. 1161 Page 3 2 3 except for restaurant establishments whether inside or outside the City boundaries, shall be computed by 4 measuring the distance between the closest exterior structural walls of each use. 5 D. Subsection 9233c(v) is amended to read as follows: 6 "Alcoholic beverage sales establishments subject to the 7 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 10 beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following 11 minimum distance regulations: 12 (1) 300 feet from any other residentially zoned or used property. 13 500 feet from any existing off-site sales establishment. 14 600 feetfrom any church, place of worship, public or 15 private school, park, playground, clinic, hospital, health care'facility or convalescent home. 16 600 feet from existing on-site sales establishments, 17 except restaurant establishments. 18 (2) Minimum distances between off-site sale establishments and; residentially zoned or used property, churches 19 places of worship, public or private schools, parks' playgrounds, clinics, hospitals, health care facilities 20 and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for 21 public/customer access of the off-site establishment to .the property line of any of the above uses whether inside 22 or outside the city boundaries, 23 (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, 24 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 25 the distance between the closest exterior structural walls of each use. 26 On-site alcoholic beverage sales establishments except 27 restaurant establishments subject to the following minimum distance regulations: 28 (1) 1, 000 feet from any residentially zoned or used property. 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 4 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 on-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. C. 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 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 Ordinance No. 1161 Page 5 2 3 and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for 4 public/customer access of the off-site establishment to the property line of any of the above uses whether inside 5 or outside the city boundaries. 6 (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment 7 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 8 the distance between the closest exterior structural walls of each use. 9 On-site alcoholic beverage sales establishments except 10 restaurant establishments subject to the following minimum distance regulations: 11 (1) 1,000 feet from any residentially zoned or used property. 12 1,000 feet from any other existing on-site except 13 restaurant establishments or off-site sales establishments. 14 1,000 feet from any church, place of worship, public or 15 private school, park, playground, clinic, hospital, health care facility or convalescent home. 16 (2) Minimum distances between on-site sale establishments 17 except restaurant establishments and; residentially zoned or used property, churches, places of worship, public or 18 private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be 19 computed by measuring the distance from the closest exterior wall of the on-site establishment to the 20 property line of any of the above uses whether inside or outside the city boundaries. 21 (3) Minimum distances between on-site sales establishments 22 and another off-site or on-site sales establishment except restaurant establishments whether inside or 23 outside City boundaries shall be computed by measuring the distance between the closest exterior structural 24 walls of each use. 25 D. Subsection 9235c(dd) is amended to read as follows: 26 "Alcoholic beverage sales establishments subject to the 27 following criteria: 281 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 6 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 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, healthcare 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 Ordinance No. 1161 Page 7 2 3 closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or 4 outside the city boundaries. 5 (3) Minimum distances between. on-site sales establishments and another off-site or on-site sales establishment 6 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 7 the distance between the closest exterior structural walls of each use. 8 9 E. Subsection 9242b(g) is amended to read as follows: 10 "Alcoholic beverage sales establishments subject to the following criteria: 11 Off -site alcoholic beverage sales located in a building and 12 permitted business with less than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area 13 within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance 14 regulations: 15 (1) 300 feet from any residentially zoned or used property. 16 500 feet from any existing off-site sales establishment. 17 600 feet from any church, place of worship, public or private school, park, playgrouiid, clinic, hospital, 18 health care facility or convalescent home. 19 600 feet from existing on-site sales establishments, except restaurant establishments. 20 (2) Minimum distances between off-site sale establishments 21 and; residentially zoned or used property, churches, places of worship, public or private schools, parks, 22 playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the 23 distance from the closest entry/exit provided for public/customer access of the off-site establishment to 24 the property line of any of the above uses whether inside or outside the city boundaries. 25 (3) Minimum distances between off-site sales establishment 26 and another off-site or on-site sales establishment except restaurant establishments whether inside or 27 outside City boundaries shall be computed by measuring the distance between the closest exterior structural 28 walls of each use. 2 3 4 5 6 7 8 9 10 11 12 13, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 8 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 on-site establishment to the property line of any of the above uses. (3) Minimum distances between on-site sales establishments and another bff-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 2nd - day of January, 1996. JIM POTTSd Mayor P&fELA STOKER City Clerk City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE ) SS CITY OF TUSTIN j ORDINANCE NO. 1161 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 Ordinance No. 1161 was introduced at a regular meeting of the City Council held on December 4 1995 and was passed and adopted at a regular meeting of the City Council held on January 2, 1996 by the following vote: COUNCILMEMBER AYES: Potts, Worley, Saltarelli, Thomas COUNCILMEMBER NOES: Doyle COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Stoker, City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CODE AMENDMENT 01-001 TO: 1) AMEND ARTICLE 9, PART 9, SECTION 9297 OF THE TUSTIN CITY CODE TO INCLUDE A DEFINITION FOR "SPECIALTY STORES"; 2) AMEND SECTIONS 9232(b)(y), 9233(c)(ee), 9234(c)(13), 9235(c)(hh), 9242(b)(h) TO ADD "SPECIALTY STORES" AS CONDITIONALLY PERMITTED USES WITHIN THE RETAIL COMMERCIAL (C-1), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M) DISTRICTS; 3) AMEND SECTIONS 9232b(p), 9233c(v), 9234c(10), 9235c(dd), 9242b(g) TO EXEMPT SPECIALTY STORES FROM THE DISTANCE SEPARATION REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES WITHIN THE RETAIL COMMERCIAL (C-1), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M) ZONING DISTRICTS. The City Council of the City of.Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows: A. That Code Amendment 01-001 has been prepared to include a new definition for specialty stores, conditionally permit specialty stores within the Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C-3), Commercial General (CG), and Industrial (M) zoning districts, exempt specialty stores from off-site alcoholic beverage sales distance separation requirements. B. That a public hearing was duly noticed, called, and held on this code amendment by the Planning Commission on May 14, 2001. The Planning Commission adopted Resolution No. 3778 recommending approval of Code Amendment 01-001. C. That a public hearing was duly noticed, called, and held by the City Council that introduced this ordinance at a regular meeting held on May 21, 2001, D. The proposed project is consistent with the General Plan which provides for the establishment of a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub -Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -Element. Ordinance No. 1237 Page 2 of 5 2 D. The proposed code amendment is necessary to provide flexibility for specialty retailers while protecting and 3 minimizing adverse affects on the public health, safety, and 4 welfare of residents or businesses of the City, based upon the following: 5 6 1. Specialty stores would be conditionally permitted which wouldprovide for a review of potentially 7 adverse impacts of each proposed store. 8 2. As defined, "specialty stores" would be limited in size 9 and located in multiple -tenant centers where a buffer from any nearby sensitive uses would be typically 10 provided by parking and other commercial tenants. 11 3. As defined, "specialty stores" would provide unique' 12 food and beverage items and alcoholic beverages would be limited to non -refrigerated beverages and a 13 maximum of fifteen (15) square feet of retail floor area which would minimize the availability of easily 14 consumable beverages and reduce the likelihood of 15 loitering or adverse behavior in the vicinity of the store. 16 17 4. As defined, "specialty stores" would have limited hours of operation, which would minimize the disruptions to 18 nearby uses. 19 5. As defined, the nature, location, size, hours of 20 operation, and amount and type (non -refrigerated) of alcoholic beverages that could be displayed would act 21 to minimize any potential negative impacts on nearby sensitive uses. 22 23 E. The proposed amendments are consistent with the Tustin General Plan in that they comply with the following General 24 Plan Policies: 25 Land Use Element Policy 1.2: Provide for and 26 encourage the development of neighborhood -serving commercial uses in areas of Tustin presently 27 underserved by such uses. 28 Goal 7: Promote expansion of the City's economic base 29 and diversification of economic activity. Land Use Element Policy 7.5: Focus retail development into consolidated, economically viable, Ordinance No. 1237 Page 3 of 5 and attractive centers of adequate size and scale, which offer a variety of retail goods and amenities. F. That a Final Negative Declaration has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. Section 2. Article 9 of the Tustin City Code is hereby amended to read as follows: The following definition shall be added to Tustin City Code Section 9297 (Definitions): "Specialty store means a market or retail store other than convenience stores with fewer than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor devoted to display of non -refrigerated alcoholic beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages." 2. The following land use shall be added to Tustin City Code Sections: 9232(b)(w), 9233(c)(ee), 9234(c)(13), 9235(c)(hh), and 9242(b)(h) shall be amended to include: "Specialty Stores" 3. The following text shall be added as Tustin City Code Sections 9232b(p)(4), 9233c(v)(4), 9234c(10)(4), 9235c(dd)(4), and 9142b(g)(4) regarding off-site sales establishments: "Specialty stores as defined by Section 9297 of the Tustin City Code shall be exempt from minimum distance regulations." Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Ordinance No. 1237 Page 4 of 5 PASSED AND ADOPTED by the Cit Council of the City of Tustin at a regular meeting on the qkday of 2001. Tracy Will orley, Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1237 City of Tustin ORDINANCE CERTIFICATION SS 1, PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1237 had first reading by title only and introduction at the May 21, 2001 City Council meeting and was adopted at the June 4, 2001 Council meeting by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Bone, Doyle, Kawashima COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED- None COUNCILMEMBER ABSENT: None Pamela Stoker, City Clerk ATTACHMENT B SUBMITTED CODE AMENDMENT TUSTIN w Community Development Department • 300 Centennial Way - Tustin, CA 92780 Phone - 714.573.3140 - www.tustinca.org Development Application Form Store No. 7286 BUILDING OUR FUTURE HONORiNO OUR PAST Project Description To am nd TUStin M ni inal Code sections 9232(x)(1)( ) and 9271(dd)(1) to allow for retail stores of at least 12,000 square feet, where the existing code requires 15,000 square feet, to engage in offsite atconot sates ' )y ngtnt" as further descn bed 1n the attached "Project Description." Assessor's Parcel Number 500-101-13 Project Address 13052 Newport Avenue Zoning District C 1 Retail Commercial Present Use of Property Walgreens - retail commercial Proposed Use of Property same as existine Existing Entitlement Affecting the Property Lot Size same as existing Building Size: Existing: 12,560 Proposed: same Property Owner Information Name Steven M. Brown Address 8524 Starr Road City, State, ZIP Windsor CA 95492 Phone: 707-836-1722 Cell Phone: Fax: E-mail: Applicant Information (if different) Name Walgreen Co. company Attn: Michael Redstone Esq Address 104 Wilmot Road Second Floor, MS# 1420 City, state, zip Deerfield, IL 60015 Phone: 847-3154530 Cell Phone: Fax: E-mail: Consultant or Contact Information (if different) Name Brian Fish. Esa./Jennifer Chavez. Esa. Company Luce Forward Hamilton & Scripps Address 600 West Broadway Suite 2600 City, State, ZIP San Diego, CA 92101 Phone: 619-236-1414 Cell Phone: Fax: 619-645-5395 E-mail: Office Use Only io. Project No. CA 2.011 —015 CER CUP DR GPA LFD MA SCE TPM TTM VAR' zC UD Other Preliminary Review Environmental: O Exempt O Initial Study Q Neg Dec ❑ EIR Date Received ib (/ Received by Fees Paid $ Receipt # 3.S? / 3 3t 1C a itemize -C-ov OCFA SR# � Mh, Desi nation of Person(s) to whom notices should be sent Pursuant to Code of Civil Procedures Section 1094 6 Name Luce Forward Hamilton & Scripps, Attn: Brian Fish, Esq./Jennifer Chavez, Esq. Address 600 W. Broadway, Suite 2600, San Diego, CA 92101 City, State, ZIP San Diego, CA 92101 E-mail: bCsh )Iuce.com/jchavezCluce.com ---------------------------------------------------- Name Address City, State, ZIP E-mail: Legal Description of Property (Attach a separate sheet if necessary) See attached. Supplemental Application Form Attached (Check if applicable) • Variance/Minor Adjustment ❑ Sign Code Exception ❑ Alcoholic Beverage Sales Establishment ❑ Shopping Cart Containment Program Signatures and Acknowledgements 1 hereby certify that I am the owner of the real property described in this application. I hereby acknowledge that this application may not be considered complete until I am notified by the Community Development Department consistent with State law. I hereby certify that all of the information contained in this application, including all required pians, supplemental application forms, and other submission materials as specified in the informational handout provided to me by the Community Development Department has been submitted, and the information is, to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of its reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property if a public hearing is required. See attached Property Owner's Notarized Signature Applicant's Notarized Signature Print Name Jennifer Chavez Print Name Date 05/12/11 Date /f the signature is by an agent, notarized, written authorization from the land owner must be attached to this application. The land owner's andfor agent's signatures on the written authorization also must be notarized . UCE FORWARD AF TrRNEYS AT LAW • 701JiNDED,373 LLit `"RAIARD HA—Url,11 JENNIFER LA FOND CHAVEZ, ASSOCIATE DIRECT DIAL AND FAX NUMBER 619.699.2537 EMAiL ADDRESS jchavez@1uce.com May 13, 2011 VIA FEDERAL EXPRESS Ms. Edmelynne V. Hutter Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92780 411 9 MAY 16 2011 'OMMUNITY DEVELOPMENT DEPT Re: Walgreens/Code Amendment Application for Alcohol Sales Dear Edmelynne: �J t jr0a.`�J;r,Y vt3 38415-7286 As we discussed previously, please accept this letter as Walgreens' request to withdraw the applicationfor a i - Iona se ermi "_12 filedon December 14, 2010 with respect to a store it operates at 13052 Newport Avenue and convert those applications into an application for a code amendment. Walgreens proposes to amend Tustin Municipal Code sections 9232(a)(1)(a) and 9271(dd)(1) in a manner that would treat stores of 12,000 square feet or more in the same way as the existing code section treats stores of 15,000 square feet or more. Specifically, the amendment merely modifies the permitting process for retail stores of at least 12,000 square feet so that those stores that sell alcoholic beverages for offsite consumption will not need a conditional use permit so long as alcoholic beverages occupy no more than 10% of gross floor area. Under the amendment, stores smaller than 12,000 square feet or stores of at least 12,000 square feet that dedicate more than 10% of floor area to alcohol sales would still require a conditional use permit and not be allowed within 300 feet of a residentially zoned or used property, 500 feet of another off-site sales establishment or 600 -feet of any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility, convalescent home or on-site sales establishment. In support of this new application, please find the following: 1. A completed Development Application Form including a Project Description; and 2. A check in the amount of $315 to cover the application fee (you advised that the City would credit us $635 against the $950 fee for the CUP and Variance fee paid in connection with the prior applications). 10149982&2 dT'TORNEYS AT LAW • FOUNDED i$73 Ms. Edmelynne V. Hutter May 13, 2011 Page 2 The other application materials, site and floor plans and a preliminary title report are already on file as they were submitted with the previous CUP and Variance application. According to the City's Instructions for Filing a Development Application, no environmental assessment form is required for a Code Amendment application. Moreover, the proposed code amendment only changes the off premises alcohol sales permit process for stores between 12,000 and 14,999 square feet. Consistent with CEQA Guidelines sections 15060(c)(3) and 15061(b)(3), a CEQA exemption exists for a proposed code amendment like this one that solely alters the approval process as it will not result in a direct or reasonably foreseeable indirect physical change in the environment or otherwise result in significant effects on the environment. We look forward to hearing from the City soon and working with you on this project. If you have any questions or concerns about the attached, please do not hesitate to contact us. Sincerely, Jennifer La Fond Chavez for LUCE, FORWARD, HAMILTON & SCRIPPS LLP JLC/ Enclosures cc: Michael Redstone, Esq. 101499828.2 Order No.: 106746646-X59 LEGAL DESCRIPTION THAT PORTION OF LOT i IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 1; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, SOUTH 49°18'42" EAST 50.00 FEET TO THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY 50.00 FEET OF SAID LOT 1; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 40°38'44" WEST 35.00 FEET TO THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 35.00 FEET OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID SOUTHWESTERLY LINE, SOUTH 49018'42" EAST 237.90 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF THE NORTHEASTERLY ONE-HALF OF SAID LOT 1; THENCE, ALONG SAID NORTHWESTERLY LINE, SOUTH 40°36'32" WEST 166.48 FEET TO THE NORTHERLY LINE OF IRVINE BOULEVARD, FORMERLY KNOWN AS FOURTH STREET EXTENSION, DESCRIBED AS PARCEL A IN DEED TO THE COUNTY OF ORANGE RECORDED JULY 29, 1959 IN BOOK 4817 PAGE 522, OFFICIAL RECORDS OF SAID COUNTY RECORDER, BEING A POINT OF NON -TANGENT CURVATURE CONCAVE SOUTHERLY HAVING A RADIUS OF 1250.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 04'05'18" EAST; THENCE, ALONG SAID NORTHERLY LINE AND CURVE IN A WESTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 03025'57", AN ARC DISTANCE OF 74.89 FEET; THENCE, TANGENT TO SAID CURVE AND CONTINUING ALONG NORTHERLY LINE, NORTH 89°20'39" WEST 176.03 FEET T(1 TIIF SOUTt-T?~ A CT Ry r nnrmn THE COUNTY OF ORANGE, BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 27.00 FEET; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 21014'36", AN ARC DISTANCE OF 10.01 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE CITY OF TUSTIN RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92-363620, OFFICIAL RECORDS OF SAID COUNTY RECORDER; THENCE, ALONG SAID NORTHEASTERLY LINE, NORTH 24°20'59" WEST 37.34 FEET TO SAID EASTERLY LINE OF PARCEL 1, BEING A POINT OF NON -TANGENT CURVATURE HAVING A RADIUS OF 27.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 70°35'52" WEST; THENCE, ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 21014'36", AN ARC DISTANCE OF 10.01 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 1, BEING ON SAID SOUTHEASTERLY LINE OF THE NORTHWESTERLY 50.00 FEET OF SAID LOT 1; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 40°38'44" EAST 305.48 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF DEDICATED TO THE CITY OF TUSTIN, A MUNICIPAL CORPORATION, BY OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92-363619, OFFICIAL RECORDS, AND ACCEPTED BY CITY OF TUSTIN ACCEPTANCE FORM RECORDED OCTOBER 22, 2003 AS INSTRUMENT NO. 2003001300122, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DEEDED TO THE CITY OF TUSTIN, A MUNICIPAL CORPORATION, BY DEED RECORDED JANUARY 8, 2004 AS INSTRUMENT NO. 2004000014445, OFFICIAL RECORDS. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (i 1-17-06) Page 3 The Pharmacy Trusts - Since 1941* The Phar.ma Corporate and Transactional Law Department LETTER OF AUTHORIZATION Walgreen Co. ("Walgreens") hereby authorizes Luce, Forward, Hamilton & Scripps, LLP to act as Walgreens' agent with respect to the filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off - premises consumption at the stores identified on the attached list. This authorization includes, without limitation, permission to sign applications on behalf of Walgreens and to discuss the same with all relevant reviewing authorities. WALGREE By: Name: Michael Redstone Its: Senior Attorney STATE OF ILLINOIS INOIS — — — — — — — - y— COUNTY OF LAKE Ss I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Michael Redstone, known to be the person described in and who executed the foregoing instrument as Senior Attorney of WALGREEN CO., an Illinois corporation, and severally acknowledged before me that he executed the same as such Senior Attorney in the name of and on behalf of said corporation. (Afh WIT!jW hand and official day of , 2010. "OFFICIAL SEAL" LISETTE MORENO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8/2812011 in the county and state last aforesaid this Signature Uti1 OVAW REAL ESTATE LAW, 104 WILMOT ROAD, MS 1420, DEERFIELD, ILLINOIS 60015 DIRECT PHONE (847) 315-4530 DIRECT FAX (847) 315-4825 - E-MAIL: Michael.Redstone@walgreens.com LIST OF STORES STORE # ADDRESS CITY ZIP COUNTY 5744 128 S. State College Boulevard Anaheim 92806 Orange 6726 1720 W. La Palma Avenue Anaheim 92801 Orange 6954 3446 W. Bail Road Anaheim 92804 Orange 10629 2560 W. Ball Road Anaheim 92804 Orange 7286 13052 Newport Avenue Tustin 92780 Orange 9388 10840 Katella Avenue Garden Grove 92840 Orange 11475 27714 Clinton Keith Road Murrieta 92562 Riverside 10336 1538 E. Chapman Avenue Orange 92866 1 Orange 7449 481 S. Ventura Road Oxnard 93030 Ventura 10242 78218 Varner Road Palm Desert 92211 Riverside 101215995.2 Plug IU 10 09.51a DNIS D HAYDEN Ab 45424263 4-19- 41-01, The t locate Walgt appiic premia appiic Ownei issued other Date Store No. 7286 LETTER OF AUTHORIZATION dersigned Steven M. Brown ("Property Owner") is the record owner of the real property at 13052 Newport Avenue, Tustin, California ("Property") and leases said Property to ens. Property Owner hereby consents to Walgreens' filing and processing of any tions, permits, licenses or other approvals required for the sale of beer and wine for off- s consumption. Property Owner also consents to the filing and processing of such :ions for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals or the sale of beer and wine for off -premises consumption from the Property and to take any tion necessary to implement and make effective such permits, licenses or approvals. I u M a •� uj.Z)ua li NNIS D HAYDEN I STr TE OF a) ' ) ss. COUNTY IN45424263 Oil! iG before ine,'t=/„! —[ G✓�—'___ _ personally appeared _ -�— who proved to me on th lbasis of satisfactory evidencn to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whicIN the person(s) t cted, executed the instrument. I elrtify under PENALTY OF PERJURY udder the foregoing paragraph is true and correct. I WITNESS my hand and official seal. Sig�ature L: +�ic..� (Seal) I MY COMMISSION EXPIRES APRIL 28, 2015 laws of the State of ' -" that the p.2 Store No. 7286 LETTER OF AUTHORIZATION The undersigned Roger A. Stevens and Hanna Hammerli, Trustees under The Roger Stevens and Hanna Hammerli Trust dated August 31, 2006 and any amendments thereto, ("Property Owner") is the record owner of the real property located at 13052 Newport Avenue, Tustin, California ("Property") and leases said Property to Walgreens. Property Owner hereby consents to Walgreens' filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off -premises consumption. Property Owner also consents to the filing and processing of such applications for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine for off -premises consumption from the Property and to take any other action necessary to implement and make effective such permits, licenses or approvals. Date: 110 THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 ROGER A. STEVENS, Trustee Date: It 2 10 THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 CHRISTIANE HANNA HAMMERLI, aka HANNA HAMMERLI, Trustee 101330860.2 �n STATE OF t ` ! t ) COUNTY OF '1t o 1 j ) ss. On 11 appeared CAROLYN AH' -HONG personally vv, to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are s subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of qQ 1 6X31,1 that the foregoing paragraph is true and correct. WITNESS Signature ILM(Seal) ' NOTARY PUBLIC CERTIFICATION KataryP0!tc;toot Carolyn Aheong Second Ju ial Circuit My commission expires d � oc. Description: �- *. Print (Varma No f Pages: D of Doc. ll SLI lV STATE OF A\C, L. L- } ) COUNTY OF ss. ss. L5 On kk t klp , before me, CAROLYN AHEONC3 ,personally appeared • t_. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of —AXu--)Q i ` that the foregoing paragraph is true and correct. WITNESS m and an fficial sea 47 Signature (Seal) Notary Publia, State of My commission expires {� CAROLYN AHEONG Print Name NOTARY PUBLIC CERTIFICATION Carolyn Aheon 4econd Judie Circuit oc. cription: Store No. 7286 LETTER OF AUTHORIZATION The undersigned Jeffrey Stevens ("Property Owner") is a record owner of the real property located at 13052 Newport Avenue, Tustin, California ("Property") and leases said Property to Walgreens. Property Owner hereby consents to Walgreens' filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off -premises consumption. Property Owner also consents to the filing and processing of such applications for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine.for off -premises consumption from the Property and to take any other action necessary to implement and make effective such permits, licenses or approvals. Date: p AFWVENTELS���� 101350812.1 STATE OF Nevada } ss. COUNTY OF CI ar It. ) On I L %at . zo t o , before me, 'Sam N. Gia Koh :rt , personally appeared Se 41-e,, A t I ai v% S+•ed r r►g , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Wtv*Ax. foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature g*" (Seal) 101350812.1 that the E OTARY PUBLIC ATE OF NEVADACounty of CtwkSAM GIAN03xpires June 10, 201 Store No, 7286 LETTER OF AUTHORIZATION The undersigned Alison Stevens Booth ("Property Owner") is a record owner of the real property located at 13052 Newport Avenue, Tustin, California ("Property') and leases said Property to Walgreens. Property Owner hereby consents to Walgreens' filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off - premises consumption. Property Owner also consents to the filing and processing of such applications for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine for off -premises consumption from the Property and to take any other action necessary to implement and make effective such permits, licenses or approvals. Date: f-7 t (2,010 ALISON STEVENS BOOTH ii" /} Y��Q�ntE F� 2 1/rfj, �..— g jp rpt J O�d�a�' RO.BT. C. AITKEN J.P. 58 Daffodil St Titirangi Phone: 817-6739 101350812.1 Aug 10 10 09:51a DENNIS D HAYDEN 7145424263 (91 Store No. 7286 LE 'TER OF AUTHORIZATION The undersigned Steven M. Brown ("Property Owner") is the record owner of the real property located at 13052 Newport Avenue, Tu --tin, California ("Property") and leases said Property to Walgreens. rM Property Owner hereby consents to Walgreens' filing and processing of any gree applioltions, permits, licenses or other approvals required for the sale of beer and wine for off- premis i es consumption. Property Owner also consents to the filing and processing of such applications for the Property by Waigreen,;' agent, 1-1.1ce, Forward, Hamilton & Scripps. Property Owner; further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine for off -premises consumption from the Property and to take any other a'Ction necessary to implement and make effective such permits, licenses or approvals. Date: STEVEN M BROWN"" rim Alig- 10 10 09:50a DENNIS D HAYDEN 7145424263 p.2 9 91 - STATE OF 224,a i4A J COUNTY OF A before Oil �. me Ur personally appeared./ —1,S& A//4 &- - -, who proved to me on the Iba,sis of satisfactory evidenc,: to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or i the entity upon behalf of whi& the person(s) t.cted, executed the instrument. I k,--Rrt4fv under PENALTY 01, PEERJURY under the laws 'of the State of foregoing paragraph is true arid WITNESS my hand and official seal. i Sighat ure (Seal) MY COMMISSION EXPIRES APRIL 28,2015 T 46 that th,, j �� Store No. 7286 LETTER OF AUTHORIZATION The undersigned Roger A. Stevens and Hanna Hammerli, Trustees under The Roger Stevens and Hanna Hammerli Trust dated August 31, 2006 and any amendments thereto, ("Property Owner") is the record owner of the real property located at 13052 Newport Avenue, Tustin, California ("Property") and leases said Property to Walgreens. Property Owner hereby consents to Walgreens' filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off -premises consumption. Property Owner also consents to the filing and processing of such applications for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine for off -premises consumption from the Property and to take any other action necessary to implement and make effective such permits, licenses or approvals. Date: C it THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 ROGER A. TEVENS, Trustee Date: 101330860.2 THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 CHRISTIANE HANNA HAMMERLI, aka HANNA HAMMERLI, Trustee STATE OF ss. COUNTY OF.M'�CJLYI On 11jaLAjjf-.> before nae, CA R 0 LYN Al ZZ 0 N 1-1 appeared personally the basis of satisfactory evidence to be the erson(s) whose name(s) ,who proved to me on p is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of IAQ L 1-'Q't it that the foregoing paragraph is true and correct. WITNESS Signature Nctnry Pub!!r. of My cc;rn—m:,nion expirard Pant Nai.,a M— STATE OF \Ck ss. COUNTY OF (Seal) NOTARY PUBLIC CERTIFICATION Cardvrt Aheong Second Juchrial Circuit L oc, TO -2 No/bf Paqes:7 I DAtd oVD—oc. 11 In "-A—i.-, M On tit ISI -Mc) , before me, CAROLYN AHEONG personally appeared )a E-1 e- JACT\00,, -VOLM �1�who �prov' , - ed to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of �Q*t I that the foregoing paragraph is true and correct. WITNESS m and an fficial sea NOTARY PUBLIC CERTIFICATION Signature (Seal) Carolyr, Aheong 4econd u q-1 Circuit Smand aEnZ� I Asea Do c cription:L9.:> 0 State of c - t Notary Publfc, State of r11D c t t My com-nisdon cxpires OA CAROLYN AHEONG No. ages. D to f Doc. Pfint Name 11 6LI i4—otory 514MOAre /--7Date MEY Store No. 7286 LETTER OF AUTHORIZATION The undersigned Jeffrey Stevens ("Property Owner") is a record owner of the real property located at 13052 Newport Avenue, Tustin, California ("Property") and leases said Property to Walgreens. Property Owner hereby consents to Walgreens' filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off -premises consumption. Property Owner also consents to the filing and processing of such applications for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine for off -premises consumption from the Property and to take any other action necessary to implement and make effective such permits, licenses or approvals. Date: — �� 17_a t 0 ` o-- J F TEVENS 101350812.1 STATE OF N to a d n } ss. COUNTY OF Cl a r ll- On 11. t k . Zoto , before me, 52tm N. Gro.io3 j , personally appeared Sc Kf," All -awl }z1r �►5 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Wtv"2L that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY PUBLIC Signature (Seal) STATE OF NEVADA County of Ckwk No.WM27_1 SAM GIANOS My Appointment Expires June 10, 2ol 101350812.1 Store No. 7286 LETTER OF AUTHORIZATION The undersigned Alison Stevens Booth ("Property Owner") is a record owner of the real property located at 13052 Newport Avenue, Tustin, California ("Property") and leases said Property to Walgreens. Property Owner hereby consents to Walgreens' filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off - premises consumption. Property Owner also consents to the filing and processing of such applications for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine for off -premises consumption from the Property and to take any other action necessary to implement and make effective such permits, licenses or approvals. a1 i� Date: 2- cit�.- ALISON STEVENS BOOTH ROBT. C. AITKEN J.P. 58 Daffodil St Titirangi Phone: 817-6733 WS I V wa47""Irdw The Pharmacy &FAmerica Trus -,s - Since 1901 - Corporate and Transactional Law Department LETTER OF AUTHORIZATION Walgreen Co. ("Walgreens") hereby authorizes Luce, Forward, Hamilton & Scripps, LLP to act as Walgreens' agent with respect to the filing and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off - premises consumption at the stores identified on the attached list. This authorization includes, without limitation, permission to sign applications on behalf of Walgreens and to discuss the same with all relevant reviewing authorities. WALGREE By: Name: Michael Redstone Its: Senior Attorney STATE OF ILLINOIS COUNTY OF LAKE I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Michael Redstone, known to be the person described in and who executed the foregoing instrument as Senior Attorney of WALGREEN CO., an Illinois corporation, and severally acknowledged before me that he executed the same as such Senior Attorney in the name of and on behalf of said corporation. a��'l WIT hand and official day o f N '2010. NOTARY "OFFICIAL SEAL" r USETTE STATE =MORENO PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8/2812011 I in the county and state last aforesaid this Signature um aql�w REAL ESTATE LAW, 104 WILMOT ROAD, MS 1420, DEERFIELD, ILLINOIS 60015 DIRECT PHONE (847) 315-4530 DIRECT FAX (847) 315-4825 . E-MAIL: Michael. Redstone@walgreens.com LIST OF STORES STORE tt ADDRESS CITY ZIP COUNTY 5744 128 S. State College Boulevard Anaheim 92806 Orange 6726 1720 W. La Palma Avenue Anaheim 92801 Orange 6954 3446 W. Bali Road Anaheim 92804 Orange 10629 2560 W. Ball Road Anaheim 92804 Orange 7286 13052 Newport Avenue Tustin 92780 Orange 9388 10840 Katella Avenue Garden Grove 92840 Orange 11475 27714 Clinton Keith Road Murrieta 92562 Riverside 10336 1538 E, Chapman Avenue Orange 92866 Orange 7449 481 S. Ventura Road Oxnard 93030 Ventura 10242 78218 Varner Road Palm Desert 92211 Riverside 101215995.2 Store No, 7286 Project Description for Walgreens CUP for Beer and Wine Sales Walgreens currently operates a 12,560 square foot store at 13052 Newport Avenue in Tustin. Walgreen's seeks a conditional use permit to allow it to also sell beer and wine for offsite consumption. This application requests the right to dedicate at least two percent of existing floor area to wine and beer sales. As reflected in the attached floor plan, the initial sales program contemplates that approximately 48 square feet of refrigerated and non -refrigerated space will be devoted to the sale of wine and beer and that approximately 20 square feet of floor area will be devoted to the storage of wine and beer. Walgreens' hours of operations for all retail operations will continue to be 24 -hours per day, but beer and wine sales will only occur during hours authorized by the California Department of AIcoholic Beverage Control. This application includes representative pictures of the existing building and site, as well as pictures of surrounding uses. In addition, the application materials include a survey and the floor plan noted above. The proposed beer and wine sales compliment Walgreens existing retail operation. The introduction of beer and wine will involve no physical change to the interior space (other than some minor rearrangement of merchandise, shelving and coolers) nor to the building envelope, building exterior or landscaping. These minor interior changes will involve no grading, construction or construction equipment at the store. 101308995.1 01 0111 Store No. 7286 Description and Justification for Walgreens Proposed Code Amendment Walgreens, a large, national chain of drug stores operates many stores within Southern California that are between 12,000 and 15,000 square feet in size, including in the City of Tustin. The City's current regulations allow "by right" alcohol sales for stores of 15,000 square feet or larger that dedicate 10% or less of their floor area to alcohol sales. All other stores proposing to sell alcohol for offsite consumption must obtain a CUP and the store cannot be within 500 -feet of other establishments that already seII alcohol or 600 -feet of churches and schools. Walgreens requests an amendment to the Zoning Code that would treat stores of 12,000 square feet or more the same as ones that are at least 15,000 square feet. Walgreens proposes a narrow and minor amendment to Tustin Zoning Code sections 9232(a)(1)(a) and 9271(dd)(1). Allowing alcohol sales "by right" in stores of at least 12,000 square feet, provided those stores dedicate no more than 10% of their floor area to alcohol sales, is consistent with the spirit and intent of the current Code and will not materially alter the character or scope of land uses in the City. Indeed, the City adopted Ordinance No. 1101 in 1992 creating an exemption from permitting and separation distance requirements for stores of 15,000 square feet or larger upon finding that "it has been determined that there is a current and future need for supermarkets and large retail establishments which provide the sale of alcoholic beverag r ac »art of their htisinFss but Gannet bP established due to current limitations and regulations related to minimum distance requirements between certain land uses within the commercial and industrial districts." Walgreens is a Iarge retail establishment that has found that it cannot sell alcoholic beverages as part of its business due to the current regulations. Further, the 12,000 square foot threshold is high enough that it will still primarily apply to larger operators who have the financial and reputational motivation to provide the security and other operational controls needed to ensure the responsible sale of alcohol. As such, Walgreens respectfully proposes that the City adopt the following code amendment. Changes to the existing Code proposed by Walgreens are shown below in strikeout/underline format: Zoning Code Section 9232 - RETAIL COMMERCIAL DISTRICT (C-1) a Permitted Uses In the Retail Commercial District (C-1), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards of this Chapter. I . General retail businesses, exemplified by the following Iist, when conducted within a building: 101500675.2 Store No. 7286 (a) Alcoholic beverage sales (off-site) located within a building and permitted business with at least 1-5,088 12,000 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. Zoning Code Section 9232 - RETAIL COMMERCIAL DISTRICT (C-1) dd Alcoholic Beverage Sales Establishments Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments and the following criteria: (1) Off-site - located in a building and permitted business with less than 15,00A 12,000 square feet of gross floor area, and permitted businesses with more than 1-5,08812,000 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: (a) 300 feet from any residentially zoned or used property; and 500 feet from any other existing off-site sales establishment; and 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home; and 600 feet from any existing on-site sales establishments, except restaurant establishments (b) Minimum distances between off-site sales establishments and residentially zoned or used property, churches, places of worship, public or private schaoIs, parks,__,vgrounds, 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 sales establishment to the property line of any of the above uses (whether inside or outside the City boundaries) (c) 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 (d) Specialty stores as defined in Section 9297 of the Tustin City Code shall be exempt from minimum distance regulations 101500675,2 41 IN ........... y � xy j 1 To now q, 5 f x O � "� 01 v k t p _ v z Xa xy j 1 q, 5 f x O � "� �y 'E 0 IBM-, N - I*r let 1, w- 1, w- lz . . . . . ........ " IN ata.. 4 4 Is �t w til 6-.j ` n a� a: w til 6-.j ` n a� a: ,z a: v, ems, 1v .ate #► z n� a e i ?aen 5 a: A a f #M n ;N y-. +�r �,� $f. . ,� k I 4` �v r 3� ATTACHMENT C SUBMITTED ANALYSIS OF EXISTING SIMILAR BUSINESSES FoRMRD y JENNIFER LA FOND CHAVE ASSOCIATE DIRECT DIAL AND FAX NUMBER 619.699.2537 EMAIL ADDRESS jchavez(uluce.eom June 16, 2011 VIA E-MAIL & U.S. MAIL Ms. Edmelynne V. Hutter Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92780 j< 6. r w-4 COMMUNrry oEvsi- PME - 38415-7286 Re: Walgreens/Proposed Code Amendment – Citywide Impact Dear Edmelynne: P Analysis In response to Walgreens' proposed Code Amendment, you asked impact analysis. Specifically, you asked us to determine how many the City, that the City identifies as within SIC Code n us to conduct a Citywide between 12,000-14,999 the City i square feet. We submitted a Publicn existing businesses within umbers 5411 and 5912, operate in stores of that information. In response, the City's Business Licening offie Records Act request to the City far businesses. Of those 35 businesses, 21 already sell alcohol for offsit provided us with a list of 35 Type 20 or Type 21 ABC license. Buildinge consumption pursuant to a only two 1—Walgreens and Critical Care Systems (a medi�h I remaining 14 businesses reveal that square foot space) are located in buildings of between 12,000-14,999 square two stores could theoretically utilize the Cade a supply business occupying a 12,267 given the other justifications we offered in our earlier submission, � e feet As only those Amendment to offer limited alcohol sales, and Walgreens' proposed revision. strong support exists for I have enclosed for your reference a co have marked up that list to identify which businesses alreadyhold copy of the list of 35 businesses provided by the City I license and have also included some information from the ABC' licenses. a Type �,0 or Type 21 ABC Also enclosed for your reference is a co s website concerning thane businesses provided by the City in response to our Public Records Act permits for the remaining et request. The square footages for Healthcare at 14642 Newport Avenue and India Sweets & Spices specified on the building permits but it seems clear from Google Maps that these establishments operate from spaces s feet. p at space Newport Avenue were not matter than 12,000 square 101550924.2 vf IXCE Fol RD Ms. Edmelynne V. Hutter June 17, 2011 Page 2 Thank you again for your assistance with this matter. Please let me know if you have any questions or if we can help in some other way. 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Page 1 of 2 California ABC - License Query System - Data Summary [ .. No Disciplinary History -found... Oold Information No Active Holds./bund... No -Escrow .found... --- End of Report - - - For a definition of codes, view our glossary. 1,.+-. //......... . I-- -- - - I 1 , I - -- . --- Page 2 of 2 41 California ABC - License Query System - Data Summary California Department of Alcoholio Beverage Control License Query System Summary as of 611312011 R.Acense Information 11 Acense Number: 479559 9—rimary Owner: GARFIE - LD BEACH CVS LLC ABC Office of Application: 11 - SANTA ANA usiness Name Poing —Business As: CVS PHARMACY11 8890 Ousiness Address %-Clibub 11-!14:6. V I D:W4 City: TUSTIN Count -v: ORANGE 'tate: CA _ Zip Code: 92780 icensee Information JARFIELD BEACH CVS LLC Officer: CVS PHARMACY- INC (MANAGING MEMBER) —icensee:_LONGS DRUG STORES CALIFORNIA LLC Officer: LONGS DRUG STORES LLC (MEMBER) Officer: LANKOWSKY,--ZENON (PRESIDENT) Officer: CIMBRON, LINDA (SECRETARY/ASST SEC) Officer: MOFFATT, THOMAS (SECRETARY/ASST SEC) Officer: DENALE, CAROL ANN (VICE PRESIDENVTREASURER) License Types 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 09 -SEP -2009 Term: 12 Month(s) - Original Issue Date: 09 -SEP -2009 Expiration D ate: 31 -AUG -2011 Master: Y Fee Code: P40 License Type was Transferred On: 09 -SEP -2009-- FROM: 21-439332 Airrent Disciplinary Action .. No Active Disciplinary Action found ... Pis—ciplinary..History No Disci-plinary Histo !lLound... Pold Information L.—. No Active Holds -found... Page 1 of 2 California ABC - License Query System - Data Summary � .. No Escrow found... End q Report --- �f For a definition of codes, view our L ossary. kttn- ffixrxxnxy a1-----1A-+---IT f -%C -J— - - - oyr .^-- - - Page 2 of 2 California ABC - License Query System - Data Summary California Department of Alcoholic ky" s 'zBeverage Control 0" License Query SYstenz Summary 1312011 as of 61 icense Information 'icens Information 'icenseNumbeer: 194420 rimary Owner: VONS COMPANIES C Office of Application: I I - SANTA ANA usiness Name Poing Business As: VONS 2324 �us i n e s Addresss�_ �dd r e s �s:l i �_66 2 17TH ST Census Tract: 0755.04 �Uty: TUSTIN County: ORANGEI Etat��. �CA Zip Code: 92780 -icensee Information icensee: VONS COMPANIES INC THE Com an Officer Information =ce n:s =ee -=V VONS S C =OM P A I L_ In r I orm E _O 0 _ Offlcer�:-KELLER, THOMAS C (PRESIDENT) Officer: SHINK, SAM (SECRETARY/ASST SEC) E= Officer: GORDON, ROBERT ALLEN (VICE PRESIDENT Officer: ENT) E f � :1 Offiricer: KENDALL, MILES CHARLTON (VICE PRESIDENT) Officer: ZYLSTRA. DAVID JOF (Virp P'PP4zTnPXT1r� Officer: MITCHELL, WENDALL C Officer: FOX, BRADLEY STUART e Tunes PRESIDENT/SECRETAK E PRESIDENT/TREASI 5 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE — Status Date: 09 -FEB -1987 Term: 12' Original Issue Date: 09 -FEB -1987 Master: Y Duplicate: 0 urrent Disciplinary Action No Active Disciplinary Action found... lisciplinary History No Disciplinary History found. . . told Information [oldDate: 29-JUL-1997 Tvne 'Scrow No Escrow. found ... )1tfn-/Axrtxn%7 nl,- — IT d -Ne, -i . F1 Expiration Date: 30 -JUN -2011 Fee Code: P40 FORM 220 Page I of 2 California ABC - License Query System - Data Summary - - - End of Report - - - For a definition of codes, view our -9-lossary. Page 2 of 2 California ABC - License Query System - Data Summary California Department of Alcoholit-6 Beverage Control License Query System Summary as of 611312011 Acense Information icense Number: 129 Owner:rimar VONS COMPANIES INC THE C_ office of Application: I I - SANTA ANA usiness Name oing Business As: VONS 2146 Business Address AddrpQe- 4A0 P 1 C 4Zr T_... -A- County: ORANGE CA - Zip Code: 92780 see Information see: VONS COMPANIES INC THE Officer: KELLER, THOMAS C (PRESIDENT} L Officer: SHINK, SAM (SECRETARY/ASST SEC) Officer: GORDON, ROBERT ALLEN (VICE PRESIDENT) Officer: KENDALL, MILES CHARLTON (VICE PRESIDENT) Officer. ZYLSTRA, DAVID JOE (VICE PRESIDENT) Officer: MITCHELL, WENDALL (VICE PRESIDENT/SECRETARY) Offic�er. FOX, BRADLEY STUART (VICE PRESIDENT/TR :E:A:—SURER) [License TVDeS 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 28 -SEP -1982 Term: 12 Month(s) Original Issue Date: 28 -SEP -1982 Expiration Date: 30 -JUN -2011 Master: Y Duplicate: 0 Fee Code: P40 ,urrent Disciplinary Action .. No Active Disciplinary Action fibund. hsch)linary History [ . . No Disciplinary History found... Oold Information [ . . No Active Holds.found ... .. No Escrow_ found ... httn-/Axrw-,17 3h,- o� cwj_ - -,- n . — Page I of 2 California ABC - License Query System - Data Summary ---End of Report --- For a definition of codes, view our glossary. Page 2 of 2 httn•//www Ar ria vnv/dntnnrt/T flQflnta oo 91n—t 011014 1 f, 1 ,, . , California ABC - License Query System - Data Summary California Department of Alcoholic 0", Beverage Control License Query System Summary 'qtv fop_" as of 611312011 FrR. license Information �Jicense Number: 56782 Primary Owner: THRIFTY PAYLESS INC C Office of Application: 11 - SANTA ANA --usi ess Name oing Business As: RITE AID STORE 5755 usin ss Address [Address: 630 E IST ST Census Tract: 0755.05 ri!._. - I -VT TQT. I N -_'U; I U3111-4 %-0untY:UXAN(jE I tate: CA Zip Code: 92780 --i,c-ensee Information icensee: THRIFTY PAYLESS INC Com an Officer In fonnation Officer: BLACK, KENNETH C (PRESIDENTI Officer: SCHROEDER, MATTHEW (TREASURER) Officer: PODGURSKI, MICHAEL (VICE PRESIDENT) Officer: GELMAN, IRWIN LAWRENCE (VICE PRESIDENT/SECRETARY) Officer: YOUNT, MICHAEL C (VICE PRESIDENT/SECRETARY) icense Types 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 21 -MAY -1997 Term: 12 Month s) Ori'nalIssue Date: 01 -JAN -1994 Expiration Date: 30 -JUN -2011 E Master: Y Duplicate: 0 Fee Code: P40 lCurrent Disciplinary Action Page I of 2 California ABC - License Query System - Data Summary 1) Section: 25658(a) 2 Section:24200(a&b) Proceeding Status: CLOSED Decision: POIC uspension Days: 15 Sta Ved Days 0 POICJFine: 3000 Suspension Start Date: Suspension End Date: Haid Information No Active Holds ound .. . Escrow No Escrow found... 71 - - - End of Report - - - For a definition of codes, view our jlaasary. ]1 tfn•/A I'll—I n}«+ — ...... l..1 ----IT !%[v t . — . --- - . - - Page 2 of 2 California ABC - License Query System - Data Summary Page 1 of 2 Californiaof Alcoholic Beverage Control License Query as of 611312011 Acense Information icense Number: 479480 rimary Owner: GARFIELD BEACH CVS LLC C Office of A liication: 11 - SANTA ANA usiness Name oin Business As: CVS PHARMACY 8877 usiness Address ddress: 671E 1ST ST Census Tract: 0755.05 it : TUSTIN County: ORANGE tate: CA Zip Code: 92780 icensee Information icensee: GARFIELD BEACH CVS LLC L—Company 4 cer Information C Officer: CVS PHARMACY INC (MANAGING MEMB ee: LONGS DRUG STORES CALIFORNIA LLC Officer: LONGS DRUG STORES LLC (MEMBER) Officer: WSKY, ZENON (PRESIDENT) Officer: CIMBRON, LINDA (SECRETARY/ASST SE Officer: MOFFATT, THOMAS (SECRETARY/ASST Officer: DENALE, CAROL ANN (VICE PRESIDENT, 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 03 -SEP -2009 Term: 12 Month(s) Original Issue Date: 03 -SEP -2009 Expiration Date: 31 AUG 2011 Master: Y Duplicate: 0 Fee Code: P40 License Type was Transferred On: 03 -SEP -2009 FRO M:21-4-39371, .irrent Disciplinary Action No Active Disciplinary Action found No Disciplinary History -found fold Information .. No Active Holds -found... I, f+_./h.r...... -I- `.- -__../_l . .— rel. • -__ . California ABC - License Query System - Data Summary . No Escrow found... - - - End of Report - - - For a definition of codes, view our glossary. Page 2 of 2 California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control License Query System Summary 4�vrK as of 611312011 I LLicense Information ---, — o�—_ ��icense �Num��ber: 48�8083 Owner: O,w�ner: HENRYS HOLDINGS LLC KB:C:Office of Application: 11 - SANTA ANA oing Business As: HENRYS FARMERS MARKET STORE 223 usiness Address ddress: 3011 EL CAMINO REAL Cpnuie Trart- A,;14Z 1A Icity: TUSTIN County: ORANGE �ia_te. T-7 Zip Code: 92782 Licensee Information icensee: HENRYS HOLDINGS LLC Company Officer Information Officer: ALVARADO, DONALD GERARD (MANAGER) Officer: GOLLEHER, GEORGE G (MANAGER) Officer: PHEGLEY, RICHARD NEAL (MANAGER) License Type: 21 - OFF -SALE GENERAL License Tvve Status: ACTTVF. Status Date: 12 -MAY -2010 Term: 12 Month(s) I Original Issue Date: 12 -MAY -2010 ExpiraIon Date: 30-NOV-2011 Master: Y Duvikate: 0 Fee Code: P40 License Type was Transferred On: 12 -MAY -2010 FROM: 21-45651T__1 ­­ I ..... AJ t-VL'tjKPjj No Active Disciplinary Action . . No Disciplinary Histor loll Information told Date: 03-NOV-2010 . . No Escrow. found ... --- End of Report - - - SPECIAL HOLD For a definition of codes, view our glossary. httn-/Avxxm7 nho oQ ricA­ __-_'%T . . - . I__.__ Page I of I California ABC - License Query System - Data Summary ' CaliforniaDepartmentof Alcoholic6 Beverage o. o` �o Control License Query System Summary as of 611312011 license information icense Number: 240115 rimar Owner: NGUYEN, BA VAN ABC Office of Application: 11 - SANTA ANA [Business Name Poing Business As: SHIRLEYS IN & OUT FOOD MARKET iusiness Address Address: 725 EL CAMINO REAL Census Tract: 0755.05 Cit : TUSTIN County: ORANGE - - - End of Report - - - For a definition of codes, view ourfossa httr%-//x%7xxixx/ 3k- nn nC'A_ _ +nn -nn,., Page 1 of 1 California ABC - License Query System - Data Summary •California Department of Alcoholic Beverage Control License Query System Summary as of 611312011 License .Information icense Numhor: 301638 PRrima ry Owner: MRS GOOCHS NATURAL FOOD MARKETS INC BC Office of Application: 11 - SANTA ANA Business Name Iboing Business As: WHOLE FOODS MARKET INC [Business Address ddress: 14945 HOLT AVE Census Tract: 0755.05 IN County: ORANGE tate: CA Zip Code: 92780 1Licensee Information Fic7ensee: MRS GOOCHS NATURAL FOOD MARKETS INC Company Officer Information Officer: BRADLEY, PATRICK EDWARD (PRESIDENT) Officer: PERCIVAL, ALBERT EDWARD (SECRETARY/ASST SE Officer: JORDAN, WILLIAM EARL (VICE PRESIDENT) Officer: KHOURY, GEORGE ISSA (VICE PRESIDENT) Officer: LANG, ROBERTA LYNN (VICE PRESIDENT/TREASURER) icense Types License Type: 20 - OFF -SALE BEER AND WINE License Type Status: SURRENDERED L...__Status Date: 20 -DEC -2007 Term: 12 Month(s) Original Issue Date: 19 -JUN -1995 Expiration Date: 31 -MAY -2012-11 Master: Y Duplicate: 0 Fee Code: �P40 1(urrent Disci p linary Action [_. . No Active Disciplinary Action found. . . Pisciplinary History [.. . No Disciplinary Histo Y -found... cold Information [ . . No Active Holds found... Irscrow L.. No Escrow found... --- End of Report - - - For a definition of codes, view our kjossanw. httn•//U7%vxx7 nlin oa ­xr/,4n+­+/T Page 1 of I California ABC - License Query System - Data Summary California Departmentof Alcoholi Beverage Controla 4 �e�VERAGLicense QuerySystem as of 611312011 1 ,:cense tnIormation [cense Number: 407331 Primary Owner: RALPHS GROCERY COMPANY C Office of Application: 11 - SANTA ANA usiness Name oing Business As: RALPHS 187 Business ,address [dress: 1130 IRVINE BLVD Census Tract: 0755.06 tyTUSTIN County: ORANGE ite: CA Zip Code: 92780 xnsec Information ;ensee: RALPHS GROCERY COMPANY Company Officer Information Officer: DILLON, DAVID B (DIRECTOR/GENERAL MANAGER)_ Officer: SCHLOTMAN, JOHN MICHAEL (DIRECTOR./GENERAL iNAGER) Officer: DONNELLY, MICHAEL J (PRESIDENT) Officer: GACK, BRUCE M (SECRETARY/ASST SEC) Officer: ROBERTS, DOROTHY D (SECRETARY/ASST SEC) _ Officer: SARRA, MARTHA CUTRIGHT (SECRETARY/ASST SEC) Officer: SMITH, THOMAS A (TREASURER) Officer: VANOFLEN, MARY ELIZABETH (TREASURER) Officer: HO GE, JAMES E (VICE PRESIDENT) Officer: HELDMAN, PAUL W (VICE PRESIDENT/SECRETARY) Officer: HUDSON, EDWARD LAURENCE (VICE "SIDENT/SECRETARY) Officer: PETERS, GREGORY SCOTT (VICE PRESIDENT/SECRETAR Officer: PROUGH, STEVEN JOHN (VICE PRESIDENT/SECRETARY) Officer: AALBERG, JAMES C {VICE PRESIDENT/TREASURER) Officer: HENDERSON, SCOTT M (VICE PRESIDENT/'TREASURER Officer: LAMMERT, PAUL DAVID (VICE PRESIDENT/TREASURER', 1} License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE hrrr,•tt.i>.,,.<.., b... ,.,, ,.,....l.7 ,.._.. _.., iT ren , n:.., .....,---- Page 1 of 2 California ABC - License Query System - Data Summary Status Date: 31 -DEC -2003 Term: 12 Month(s) J Ori inal Issue Date: 31 -DEC -2003 Expiration Date: 30 -JUN -2011 Master: Y Duplicate: 0 Fee Code: P40 License Type was Transferred On: 31 -DEC -2003 FROM: 21-310165 Current Disciplinary Action No Active Disci line Action Lound... Disci linary History No Disci IinaLy Histo ound .. . W. ---End of Report --- For a definition of codes, view our glossary. lift— /him —, n% nn n ../1 t sR i-�v_7_,_ __ _nT, �n--.-r--- Page 2 of 2 California ABC -License Query Systern - Data Summary Page 1 of 2 California Department of Alcoholica:.Beverage Control QueryLicense Summar as of 611312011 y t.�icense Information ieense Number: 310933 rimar Owner: THRIFTY pAYLESS INC ABC Office of A lication: 11 - Business Name SANTA ANA Join Business As: RITE AID STORE 5754 3usiness Address lddress: 13.. JAMBOREE RD 'it : TUSTIN Census Tract: 0756.07 Count : ORANGE tate: CA Zi Code. -92782 icensee Information icensee: THRIFTY pAYLESS INC Officer: BLACK, KENNETH C PRS 1_1 117cer:1 CHROEDER, MATTHEW Officer: PODGURSKI, MICP[AEL Officer: GELMAN, IRWIN LAWREI Officer: YOUNT m , MICHAEL C (V1(` --r- ( VICE PRESIDENT/SECRE'T PRESIDENT/SECRETARY 1) License T e: 21 -OFF-S ALE GENERAL License T e Status: ACTIVE Status Date: 21 -MAY -1997 Ori incl Issue Date: 28 -SEP -1995 Term: 12 Month(s) Master: YEx iration Date: 30 -JUN -2011 DU licate: 0 Fee ( de: P40 License T e was Transferred On: 28 -SEP -1995 ."urr�I}isci linar- Action FROM: 21-304.709 No Active Disci ling Action ound . . lisciDiinarE .e .Number: 99047239 1) Section: 25658(a) 2) Section: 24200(a&b) Proceedin Status: CLOSED Decision: POIC Sus en, sion Da s: 15 Sta ed Da s POIC/Fine: 3000 SusNension Start Date: Suspension End Date: California ABC - License Query System - Data Summary ---End of Report --- For a definition of codes, view our glossary. Page Z of Z httn-//www.ahv ea Prov/datnort/T.O.Unta F/1Ann i 1 California ABC - License Query System - Data Summary California Department of Alcoholics sBeverage Control License Query System Summary as of 611312011 .,icenseIn—formation icense Number: 407332 rimary Owner: RALPHS GROCERY COMPANY C Office of Application: 11 - SANTA ANA usiness "Jame oing Business As: RALPHS 139 usiness Address .ddress: 13321 JAMBOREE RD Census Tract: 0756.07 ity: TUSTIN County: ORANGE Late: CA Zip Code: 92782 icensee information jLicensee: RALPHS GROCERY COMPANY Com an.y Ocer Information Officer: DILLON, DAVID B DIRECTORIGENERAL MANAGER Officer: SCHLOTMAN, JOHN MICHAEL (DIRECTOR/GENERAL �ANAGE Officer: DONNELLY, MICHAEL J PRESIDENT Officer: GACK, BRUCE M SECRETARY/ASST SEC Officer: ROBERTS, DOROTHY D (SECRETARY/ASST SEC Officer: SARRA, MARTHA CUTRIGHT SECRETARY/ASST SEC Officer: SMITH, THOMAS A TREASURER Officer: VANOFLEN, MARY ELIZABETH (TREASURER) Officer: HODGE, JAMES E VICE PRESIDENT) Officer: HELDMAN, PAUL W VICE PRESIDENT/SECRETARY) Officer: HUDSON, EDWARD LAURENCE (VICE —71 RESIDENT/SECRETARY) Officer: PETERS, GREGORY SCOTT (VICE PRESIDENT/SECRETAR Officer: PROUGH, STEVEN JOHN (VICE PRESIDENT/SECRETARY) Officer: AALB ERG, JAMES C (VICE PRESIDENT/TREASURER) Officer: HENDERSON, SCOTT M (VICE PRESIDENT/TREASURER) Officer: LAMMERT, PAUL DAVID (VICE PRESIDENT/TREASURER) icense Types _ 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Page 1 of 2 California ABC - License Query System - Data Summary Status Date: 31 -DEC -2003 Term: 12 Months) Original Issue Date: 31 -DEC -2003 Expiration Date: 30 -JUN -2011 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: 31 -DEC -2003 FROM: 21-310169 Current Disciplinary .Action . No Active Disci lino Action ound , . . Disci linary History Reg. Number: 06062285 1 Section: 25658a 2 Section:24200(a&b) Proceeding Status: CLOSED Decision: ALL STAYED Suspension Days: 10 Stayed Days 10 POICIFine: - - - End of Report - - - For a definition of codes, view our glossary. htf<�•��«r«r<:r nen nn ..r.., lr1.. �......aR llf�..l ..a- ____�ITT`f �nnn innn Page 2 of 2 California ABC - License Query System - Data Summary California Department of Alcoholiii Beverage Control License Query System Summary as of 611312011 x z d Or license Information icense Number: 427304 rimary Owner: 7 ELEVEN INC C Office of A lication: 11 - SANTA ANA usiness Name oin Business As: 7 ELEVEN STORE 2172 13799B usiness Address ddress: 16791 MCFADDEN AVE Census Tract: 0744.08 ity: TUSTIN County: ORANGE tate: CA Zip Code: 92780 �icensec Inf'rrrmatinn 7 ELEVEN INC Officer: DEPINTO, JOSEPH (CHIEF EXECUTIVE OFFICER) Officer: ASAKURA, MASAAKI (CHIEF OPERATING OFFIC] Officer: DEPINTO, JOSEPH (CHIEF OPERATING OFFICER) Officer: DEPINTO, JOSEPH (CHIEF EXECUTIVE OFFICER}_ Officer: AON, RENEE MARIE (SECRETARY/ASST SEC) Officer: AUSTIN, MICHAEL DON (SECRETARY/ASST SEC) Officer: BONNVILLE, STEVEN R (SECRETARY/ASST SEC) Officer: GRIFFITH, GARY'(SECRETARY/ASST SEC) Officer: PICHININO, CRAIG (SECRETARY/ASST SEC) Officer: VARELA, ANTONIO ENRI UE (SECRETARY/ASST Officer: ABE, SHINJI (VICE PRESIDENT} Officer: ABE, SHINJI (VICE PRESIDENT) Officer: COZENS, ROBERT J (VICE PRESIDENT) Officer: DAVIDSON, CAROLE L (VICE PRESIDENT) Officer: DONEGAN, W TIMOTHY (VICE PRESIDENT) Officer: ELLIOTT, KEVIN E (VICE PRESIDENT) Officer: GAMBINA, FRANK S (VICE PRESIDENT) Officer: HARGROVE, WESLEY M (VICE PRESIDENT) Officer: HEDRICK, JOHN (VICE PRESIDENT) Officer: HUGHES, LAWRENCE G (VICE PRESIDENT) Officer: JENKINS, C BRAD (VICE PRESIDENT) lift"./Axr —.' "1'n r%r' _7 Page 1 of 3 California ABC - License Query System - Data Summary Officer: KAPOOR, RAJNEESH (VICE PRESIDENT) Officer: MITCHELL, KRYSTIN E (VICE PRESIDENT) Officer: OZEKI, SHIRO (VICE PRESIDENT) Officer: PACK, ALLEN P (VICE PRESIDENT) Officer: REBELEZ, DARREN M (VICE PRESIDENT) Officer: SAKAI, RYOJI (VICE PRESIDENT) Officer: SCHENCK, JEFF (VICE PRESIDENT) Officer: SELTZER, DAVID (VICE PRESIDENT) Officer: SMITH, NANCY A (VICE PRESIDENT Officer: SMITHA, ENA WILLIAMS (VICE PRESIDENT) Officer: STRONG, JOSEPH M (VICE PRESIDENT) Officer: THOMAS, DONALD E (VICE PRESIDENT) Officer: FENTON, DAVID (VICE PRESIDENT/SECRETARY) Officer: REYNOLDS, STANLEY W (VICE PRESIDENT/TREAS ee: SAP ENTERPRISES INC Officer: PATTAPHONGSE, ANNA (PRESIDENT) _ Officer: PATTAPHONGSE, SOMSAK (SECRETARY/ASST SEC) ,cense types 1) License T e: 20 - OFF -SALE BEER AND WINE License Type Status: ACTIVE Status Date: 20-JUL-2005 Term: 12 Month(s) Original Issue Date: 20-JUL-2005 Expiration Date 30 JUN 2011 Master: Y Duplicate: 0 Fee Code: P-4-0- License 40License Type was Transferred on: 20-JUL-2005 FROM 20-2176461 2) License Type: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 13 -JUN -2005 Term: 4 Months Original Issue Date: 13 -JUN -2005 Expiration Date 10 -OCT -2005 Master: Duplicate: Fee Code: _ License Type was Transferred On• 204111 -2005 FROM 20-276461 276461 urgent Disciplinary .Action No Active Disciplinary Action found .. . No Disciplinary History found -hold Information No Active Holds found _ Jscrow .. No Escrow. found .. . - - - End of Report - - - httn•//wxxnv nlhn .ten r. ­IA_. „_—ty nc` a— - - err. Page 2 of 3 California ABC - License Query System - Data Summary For a definition of codes, view our-iossary. hYt„•//.xnxn:, n1.n,,,, .....,/,-i..�«..,wR r1C�J-�- -- �T.-. ,,,,,.,,,,.,... Page 3 of 3 California ABC - License Query System - Data Summary California Department of Alcoholi(i Beverage Control License Query SYstem Summary as of 611312011 !,icense Information icense Number: 284730 rimar Owner: CIRCLE K STORES INC ABC Office of Application: 11 - SANTA ANA Business Name Doing Business As: CIRCLE K STORE 3046 usiness Address Kddress: 12892 NEWPORT AVE Census Tract: 0755.04 Fc-ity: TUSTIN County: ORANGE �tate: CA Zip Code: 92780 Licensee Information CIRCLE K STORES INC C Officer: HANNASCH, BRIAN P (PRESIDENT/SECRETARY) Officer: MURPHY, PAUL F (SECRETARY TREASURER) officer:_FLANARY, MARC LEE (SECRETARY/ASST SEC) Officer: KWIATKOWSKI, KIM K (SECRETARY/ASST SEC) Officer: CAMPAU, ROBERT G (VICE PRESIDENT Officer: HAXEL, GEOFFREY C (VICE PRESIDENT) Officer: PARKER, CHARLES MICHAEL (VICE PRESIDENT) Officer: POWELL, JOY A (VICE PRESIDENT) Officer: TOUREK, TIMOTHY SHAWN (VICE PRESIDENT) icense Types 1) License Type: 20 - OFF -SALE BEER AND WINE License Type Status: ACTIVE Status Date: 16-JUL-1993 Term: 12 Month(s) Original Issue Date: 16-JUL-1993 Expiration Date: 30 -JUN -2011 Master: Y Duplicate: 0 Fee Code: P40 'urrent INsciplinary Action No Active Disciplinary Action found... )isciplitiary History. .. No Disciplinary History .found ... fold Information .. No Active Holds. found ... httn-//-.x7xxrtxt nl%n na �.­, m +,., tr noa_..- - _._r%T. , - , - - Page I of 2 California ABC - License Query System - Uata Summary ,scrow .. No Escrow found... ---End of Report --- For a definition of codes, view our glossary. rage 1- 01 Z. httn-//wwwahr-c.q oov/(iqtnort/1.0,S(inta.agn?IT)=197IOR43 6/14/7011 California ABC - License Query System - Data Summary r z zAlcoholioi- Beverage License Query System Summary Y as of 611312011 icense reformation ,icense Number: 440894 rimary Owner: NEW ALBERTSONS INC BC Office of Application: 11 - SANTA ANA usiness Name oing Business As: ALBERTSONS 6574 usiness Address ddress: 13274 NEWPORT AVE Census Tract: 0755.06 ity: TUSTIN County: ORANGE ate: CA Zip Code: 927$0 censee Information censee: NEW ALBERTSONS INC Cotnvanv 0ffZ('I2T >tt lrns mn/rn.s L Officer: BOEHNEN, DAVID LEO (PRESIDENT) Officer: KNOUS, PAMELA K VICE PRESIDENT Officer: MENDES, RONALD TERRY (VICE PRESIDENT) Officer: BREEDLOVE, JOHN P (VICE PRE SIDENTISECRETARY) Officer. BOYD. JOHN FRANCIS (VICE PRESIDENTI'TREASURER) License Types 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 23 -AUG -2006 Term: 12 Month(s) Original Issue Date: 23 -AUG -2006 Expiration Date 30 -JUN -2011 Master: Y Duplicate: 0 Fee Code: P40 License Type was Transferred On: 23 -AUG -2006 FROM 21-380316 2) License Type: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 02 -JUN -2006 Term: 4 Month(s) Original Issue Date: 02 -JUN -2006 Expiration Date 29 -SEP -2006 Master: Duplicate: Fee Code: License Type was Transferred On: 23 -AUG -2006 FROM 21-380316 :urrent Disciplinary Action No Active Disciplinary Action _ found .. . nary Ilisto htr.,•ll«..:,:., .,1,,..,., ,_,..,ia_�_ _._. a ren , .,.,.� . ,. .. .__ - Page 1 of 2 California ABC - License Query System - Data Summary Reg. Number: 08067968 1) Section: 25658 (a) 2) Section: 24200 (a&b) Proceedin Status: CLOSED Decision: POIC Sus ension Days: 15 Staved Das POIC/Fine: 3000 Suspension Start Date: Sus ension End Date: Hold Information No Active Holds found .. . Escrow No Escrow ound .. . ---End of Report --- For a definition of codes, view our glossary. httn./A112I1221 nkn nn IT f%C'J­ sI _ - • ♦___ Page 2 of 2 California ABC - License Query System - Data Summary California Department Beverage License Query System Summary as of 611312011 License Information icense Number: 430599 rimary Owner: MRS GOOCHS NATURAL FOOD MARKETS INC C Office of Application: 11 - SANTA ANA usiness Name oing Business As: WHOLE FOODS MARKET usiness Address ddress: 2847 PARK AVE Census Tract! 071;5 1 S 'ity: TUSTIN County: ORANGE tate: CA Zip Code: 92782 icensee Information icensee: MRS GOOCHS NATURAL FOOD MARKFPC tN(` Company Officer Information Officer: BRADLEY, PATRICK EDWARD (PRESIDENT) Officer: PERCIVAL, ALBERT EDWARD(SECRETARY/ASST SEC Officer: JORDAN, WILLIAM EARL VICE PRESIDENT Officer: KHOURY, GEORGE ISSA VICE PRESIDENT Officer: LANG, ROBERTA LYNN VICE PRESIDENTITREASURER) :icense Tv es 1) License Type: 41 - ON -SALE BEER AND WINE - EATING PLACE License Type Status: ACTIVE Status Date: 09 -AUG -2007 Term: 12 Month(s) Original Issue Date: 09 -AUG -2007 Expiration Date 31-JUL--2011 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS 2) License Type: 42 - ON -SALE BEER AND WINE - PUBLIC PREMISES License Type Status: ACTIVE Status Date: 09 -AUG -2007 Term: 12 Month(s) Original Issue Date: 09 -AUG -2007 Expiration Date 31 -JUL-201 I Master: Y Duplicate: 0 Fee Code• P40 Condition: OPERATING RESTRICTIONS 3) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 09 -AUG -2007 Term: 12 Month(s) hftn-//IJV\Nty Ar !`A onu/dnt", *JT l QA_.- ..-_ oTT% in, a . . - . Page 1 of 2 I C,alltornta Abk; - License tluery system - uata aummary Original Issue Date: 09 -AUG -2007 Expiration Date: 31-JUL-2011 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS Current Disci Ainar Action . No Active Disciplinary Action found... [Disciplinary History . No Disciplinary Histo ound .. . Hold Information . No Active Holds ound .. . �1ser. ow . No Escrow ound .. . - - - End of Report --- For -- For a definition of codes, view our glossary. r agc /- Ui /- httn-//www.qhr. rn oov/dntnnrt1T .nS(inti ncn9TT)-19444111 6/141?til 1 19 California ABC - License Query System - Data Summary BeverageCalifornia Department of Alcoholic r 1 License Query System Summary as of 611312011 Acense Information ,icense Number: 112844 `rimary Owner: STATER BROS MARKETS ,BC Office of Application: 11 - SANTA ANA usiness Name �� going Business As: STATER BROS MARKETS 37 usiness Address ddress: 14171 RED HILL AVE Census Tract: 0755.12 i'ty:TUSTIN County: ORANGE :ate: CA Zip Code: 92.780 icensee Information _ icensee: STATER BROS hIARKETS Comnanv Offiror Tnf.•r..,..r;,,., (_Offfficer: BROWN, JACK H (CHAIRMAN) Officer: FIELD, THOMAS W JR (DIRECTOR/GENERAL MANAGER) Officer. SKIPPER, RONALD GORDON (DIRECTORIGENERAL MANAG Officer: LEE, JIM (PRESIDENT) Officer: VARNER, BRUCE D SECRETARY/ASST SEC Officer: FRAHM, GEORGE ALFRED (VICE PRESIDENT) Officer: MCINTYRE, DENNIS LAWRENCE (VIC) PRESIDENT) Officer: SMITH, PHILLIP J VICE PRESIDENT/TREASURER License Types 1) License Type: 21 - OFF -SALE GENERAL License T e Status: ACTIVE Status Date: 28 -APR -1983 Term: 12 Months Original Issue Date: 28 -APR -1983 Expiration Date 30 -APR -2012 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS ,urrent Disciplinary Action No Active Disciplinary Action found... _ No Disciplinary History found [old Information . No Active Holds found .. . httn•//www ahe oa any/riot,,, 4/T r1ca fnny..,..,-.- Page 1 of 2 California ABC - License Query System - Data Summary .scrow No Escrow found... - - - End of Report - - - For a definition of codes, view our glossary. httn-//xvxvA l nhr ria rrnt,lAt-41T -----ri Page 2 of 2 California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 611312011 jlo .. -0 1-50 OvViOund ... ---End of Report --- For a definition of codes, view our glossary. httn-//www Ar rn CrnV/11ntnnrt/T nQrlf — I Tn— I tvi i --,rn,7 Page I of I Ucense Information i,cense umber: 449098 rimar Owner: STAR FOOD INTERNATIONAL INC ABC Office of A ition: 11 - SANTA ANA usiness Name oing Business As: FRESHIA MARKET Address [kddress: -14551 RED HILL AVE Census Tract: 0755.15 ICity: TUSTIN Count : ORANGE tate: CA Zip Code: 92780 icensee Information icensee: STAR FOOD INTERNATIONAL INC Com an Officer Information Officer: PARK, STEVE SEOKHWAN (PRESIDENUSECRETARY) �:,ice,nse'fvpes 1) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 30 -JAN -2007 Term: 12 Month(s) Ori final Issue Date: 30 -JAN -2007 Expiration Date: 30 -JUN -2011 Master: Y _ Duplicate: 0 Fee Code: P40 License Type was Transferred On: 30 -JAN -2007 FROM: 21-399181 [current Disciplinary Action .. No Active Disciplinary Action found. . . [1)isciplinarl History . No Disci ling ry History found... old Information ActiveNo Holds found... Y-Scrow I 'XT_ -1 jlo .. -0 1-50 OvViOund ... ---End of Report --- For a definition of codes, view our glossary. httn-//www Ar rn CrnV/11ntnnrt/T nQrlf — I Tn— I tvi i --,rn,7 Page I of I California ABC - License Query System - Data Summary California Department of Alcoholi Beverage Control License Query System Summary as of 611312011 ,iceuse Information icense Number: 385245 lPrimary Owner: 7 ELEVEN INC JABC Office of Application: I I - SANTA ANA usiness Name oing Business As: 7 ELEVEN STORE 2172 17839D usiness Address ddress: 610 W IST ST Census Tract: 0755.05 City: TUSTIN County: ORANGE �tate: CA Zip Code: 92780 11-icensee Information �icensee: 7 ELEVEN INC Company Officer Information Officer: DEPINTO, JOSEPH (CHIEF EXECUTIVE OFFICER Officer: ASAKURA, MASAAKI (CHIEF OPERATING OFFICE Officer: DEPINTO, JOSEPH (CHIEF OPERATING OFFICER) Officer: DEPINTO, JOSEPH (CHIEF EXECUTIVE OFFICE Officer: AON, RENEE MARIE (SECRETARY/ASST SEC) Officer: AUSTIN, MICHAEL DON (SECRETARY/ASST SEC) R) Officer: BONNVILLE, STEVEN R (SECRETARY/ASST SEC)' fr,cer:- GRIFFITH, (GARY (SECRETARY/ASST SE — q:7 - p9m Officer: �PICHI�NINO, CRAIG (SECRETARY/ASST SEC) E Officer: VARELA, ANTONIO ENRIQUE (SECRETARY/ASST SEC) I Officer: ABE, SHINJI (VICE PRF..qTT)PN1T1 I Officer: ABE, SHINJI (VICE PRESIDENT) Officer: COZENS, ROBERT J (VICE PRESIDED Officer: DAVIDSON, CAROLE L (VICE 'pRESI] Officer: DONEGAN, W TIMOTHY (VICE PRES Officer: ELLIOTT, KEVIN E (VICE PRESfDEN', Officer: GAMBINA, FRANK S (VICE PRESIDE] Officer: HARGROVE, WESLEY M (VI -1-17 PRES Officer: HEDRICK, JOHN (VICE PRESIDENT) Officer: HUGHES. LAWRENCE (VICE D RESI Officer: JENKINS, C BRAD (VICE PRESTDF.NT' httn-/Axrwxv nhr on CT,-%xTMof­+1T f -W-1... ---,)Tv-% -- - - - Page I of 3 California ABC - License Query System - Data Summary Officer: KAPOOR, RAJNEESH (VICE PRESIDENT) Officer. MITCHELL, KRYSTIN E (VICE PRESIDENT) Officer: OZEKI, SHIRO (VICE PRESIDENT) Officer: PACK, ALLEN P (VICE PRESIDENT) Officer: REBELEZ, DARREN M VICE PRESIDENT Officer: SAKAI, RYOJI (VICE PRESIDENT) Officer: SCHENCK, JEFF VICE PRESIDENT) Officer: SELTZER, DAVID VICE PRESIDENT) Officer: SMITH, NANCY A VICE PRESIDENT Officer: SMITHA. ENA WTI.T.TAk4.q tVTCP Vur7cTr,�,.TT, Officer: STRONG, JOSEPH M (VICE PRESIDENT Officer: THOMAS, DONALD E (VICE PRESIDENT) Officer: FENTON DAVID (VICE PRESIDENUSECRETARY) _ Officer: REYNOLDS, STANLEY W (VICE PRESIDENT/TREAS censee: DHAMI & DHAMI CORPORATION Co112Danv nffi�ar T»fnrs»rN..., Officer: DHAMI, RANDEEP SINGH (CHIEF FINANCIAL OFFICER Officer: DHAMI, RANDEEP SINGH (PRESIDENT) _ Officer: DHAMI, RANDEEP SINGH (SECRETARY/ASST SEC) _ Officer: DHAMI, NAVJOT KAUR (VICE PR 'Nln AM ,►cense Types 1) License Type: 20 - OFF -SALE BEER AND WINE License Type Status: ACTIVE Status Date: 09 -APR -2002 Term: 12 Month(s) Original Issue Date: 09 -APR -2002 Expiration Date 30 -JUN -2011 Master: Y Duplicate: 0 Fee Code: P40 License Type was TransferredOn• 09 -APR -2002 FROM 20-358222 2) License Type: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 11 -FEB -2002 Term: 4 Month(s) Original Issue Date: I1 -FEB -2002 Expiration Date 10 -JUN -2002 Master: Duplicate: Fee Code: License Type was Transferred On: 09 -APR -2002 FROM• 20-358222 -urrent Disci linary Action No Active Disciplinary Actionfound... Nsciplinary History . No Disciplinary History ound _ loll Information .. No Active Holds found... .. No Escrow./bund... httn-//www nhn na unv/dntnnrt/t 04Z intn Qc„91n_101A ZA2n Page 2 of 3 California ABC - License Query System - Data Summary - - - End of Report - - - For a definition of codes, view our klossary, httn-Hwww ahem rn onv/rlatnnrt/T llC i ,r , .—I)TT%_ i nlf A cnin Page 3 of 3 California ABC - License Query System - Data Summary G��iFOFtir�, CaliforniaDepartmentof Alcoholic Beverage Control License Query System Summaryo as of 611312011 �l.,lcense t.nxormaTton tcense Number: 388575 [Primary Owner: HAFSA CORPORATION C Office of Application: 11 - SANTA ANA usiness Name 10oing Business As: R RANCH MARKET usiness Address address: 1112 WALNUT AVE Census Tract: 0755.15 Ity: TUSTIN County: ORANGE tate: CA Zip Code: 92780 la...aa. a.. aaoc:c 1111V11[1atIml tcensee: HAFSA CORPORATION Com an Officer Information Officer: SHALABI, JOSE OTHMAN (CHIEF FINANCIAL OFFICER �Officer: SHALABI, KAIED ALBERTO OTHMAN (DIRECTOR/GENERAL ANAGER) Officer: SHALABI, FA 1D OTHMAN PRESIDENT) Officer: CHO, MICHAEL CHUNGNAM (VTCP PPPQTnUzT>r/��rnnm -- uva�yrl I XAX 1 1) License Type: 20 -OFF-SALE BEER AND WINE License Type Status: CANCELED _ Status Date: 21 -APR -2003 Term: 12 Month(s) Original Issue Date: 21 -OCT -2002 Expiration Date: 30 -SEP -2003 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: 21 -OCT -2002 FROM: -2t} 289925 2) License Type: 21 - OFF -SALE GENERAL License Type Status: ACTIVE Status Date: 21 -APR -2003 Term: 12 Month(s) Original Issue Date: 21 -APR -2003 Expiration Date: 31 MAR 2012 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: 21 -APR -2003 FROM: 21-325964 3) License Type: 30 - TEMPORARY PERMIT httn•//www nho ren onv/riat", ,-t/T nQ>1.,« Page 1 of 3 California ABC - License Query System - Data Summary License Type Status: EXPIRED Status Date: 20 -MAY -2002 Term: 4 Month(s Original Issue Date: 20 -MAY -2002 Exn rratir ILMaster: Duplicate: Fee Code• Condition: OPERATING RESTRICTIONS License Type was Transferred On: 21 -APR -2003 44):L:icenseType: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 20 -MAY -2002 Term: 4 Mon Original Issue Date: 20 -MAY -2002 Expii Master: Duplicate: Fee Code: Condition: OPERATNGIRESTRICTIONS License Type was Transferred On: 21 OCT 2002 5) License T pe: 30 -TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 20 -MAY -2002 Term: 4 Mont Original Issue Date: 20 -MAY -2002 Expir Master: Duplicate: Fee Code: Condition: OPERATING RESTRICTIONS License Type was Transferred On• 21 -APR -2003 6) License Type: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 20 -MAY -2002 Term: 4 Montt Original Issue Date• 20 -MAY -2002 Expir, Master: Duplicate: Fee Code: Condition: OPERATING RESTRICTIONS License Type was Transferred On: 21 OCT 2002 7) License Type: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 20 -MAY -2002 Term: 4 Month Original Issue Date: 20 -MAY -2002 Expira Master: Duplicate: Fee Code: Condition: OPERATING RESTRICTIONS License Type was Transferred On: 21 APR 2003 S) License Type: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 20 -MAY -2002 Term: 4 Month( Original Issue Date: 20 -MAY -2002 Expirat Master: Duplicate: Fee Code• Condition: OPERATING RESTRICTIONS License T e was Transferred On: 21 -OCT -2002 11 "\ t • . . T 1n TTl !T'Y/'1 T\ A il�> TTT1 .fT Date: 16 -SEP -2002 FROM: 21-325964 1(s) tion Date: 16 -SEP -2002 FROM: 20-289925 (s) `.ion Date: 16 -SEP -2002 FROM: ?T-325964 S) ion Date: 16 -SEP -2002 FROM: 20-289925 (s) tion Date: 16 -SEP -2002 FROM: 21-325964 s) ion Date: 16 -SEP -2002 FROM: 20-289925 Page 2 of 3 California ABC - License Query System - Data Summary License Type Status: EXPIRED Status Date: 19 -OCT -2002 Term: 4 Month(s) Original Issue Date: 19 -OCT -2002 Expiration Date: 15 -FEB -2003 Master: Duplicate: Fee Code: Condition: OPERATING RESTRICTIONS License Type was Transferred On: 21 -APR -2003 FROM: 21-325964 10) License Type: 30 - TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 19 -OCT -2002 Term: 4 Month(s) Original Issue Date: 19 -OCT -2002 Expiration Date: 15 -FEB -2003 Master: Duplicate: Fee Code: Condition: OPERATING RESTRICTIONS License Type was Transferred On: 21 -OCT -2002 FROM: 20-289925 Current Disci linar Action No Active Disciplinary Action found.. . isciplinary History No Disciplinary Histo ound .. . old Information No Active Holdsfound .. . Escrow No Escrow ound .. . - - - End of Report - - - For a definition of codes, view our glossary. httn•/huww Ar on IT tic A_+_ ---,)m ininn, - Page 3 of 3 Calitornia ABC - License Query System - Data Summary �California Department of Alcoholic - =' Beverage Controlx �VERA6License Query System Summary as of 611312011 Eic�icense Information icense Number: 214971 rimar Owner: 7 ELEVEN INC C Office of Application: 11 - SANTA ANA usiness Name oin Business As: 7 ELEVEN 2172 20705 usiness Address ddress: 15202 WILLIAMS ST Census Tract: 0744.08 ity: TUSTIN County: ORANGE tate: CA Zip Code: 92780 icensee Information Licensee: 7 ELEVEN INC Officer: DEPINTO, JOSEPH (CHIEF EXECUTIVE OFFICER Officer: ASAKURA, MASAAKI (CHIEF OPERATING OFFICER Officer: DEPINTO, JOSEPH (CHIEF OPERATING OFFICER) Officer: DEPINTO, JOSEPH (CHIEF EXECUTIVE OFFICER) Officer: AON, RENEE MARIE (SECRETARY/ASST SEC Officer: AUSTIN, MICHAEL DON (SECRETARY/ASST SEC) Officer: BONNVILLE, STEVEN R (SECRETARY/ASST SEC) Officer: GRIFFITH, GARY (SECRETARY/ASST SECS Officer: PICHININO, CRAIG (SECRETARY/ASST SEC Officer: VARELA, ANTONIO ENRIQUE (SECRETARY/ASST SE Officer: ABE, SHINJI (VICE PRESIDENT) Officer: ABE, SHINJI (VICE PRESIDENT) Officer: COZENS, ROBERT J (VICE PRESIDENT Officer: DAVIDSON, CAROLE L (VICE PRESIDENT) Officer: DONEGAN, W TIMOTHY (VICE PRESIDENT)! Officer: ELLIOTT, KEVIN E (VICE PRESIDENT) Officer: GAMBINA, FRANK S (VICE PRESIDENT) Officer: HARGROVE, WESLEY M (VICE PRESIDENT) Officer: HEDRICK, JOHN (VICE PRESIDENT) Officer: HUGHES, LAWRENCE G (VICE PRESIDENT) Officer: JENKINS, C BRAD (VICE PRESIDF.NT� httrr//www.ahc..ca.gnv/d,gtnnrt/i 04Z iarn Page 1 of 2 C:aiitornia ABC - License Query System - Data Summary (� "nicer: &Ar'UUK, RAJNEESH (VICE PRESIDENT) J Officer: MITCHELL, KRYSTIN E (VICE PRESIDENT Officer: OZEKI, SHIRO (VICE PRESIDENT) Officer: PACK, ALLEN P (VICE PRESIDENT Officer: REBELEZ, DARREN M VICE PRESIDENT Officer: SAKAL RYOJI (VICE PRESIDENT Officer: SCHENCK_ TEFF tvTrP 13D V QTT� X"'% Officer: SELTZER, DAVID (VICE PRESIDENT) Officer: SMITH, NANCY A (VICE PRESIDENT) _ Officer: SMITHA, ENA WILLIAMS (VICE PRESIDENT) Officer: STRONG, JOSEPH M (VICE PRESIDENT) Officer: THOMAS, DONALD E (VICE PRESIDENT) Officer: FENTON, DAVID (VICE PRESIDENT/SECRETAR Officer: REYNOLDS, STANLEY W (VICE PRESID_ENT/TR ee: PATEL, ANILKUMAR ee: PATF.T ._ NTR T TRFTv icense T es 1) License Type: 24 -OFF-SALE BEER AND WINE License Type Status: ACTIVE Status Date: 01-JUL-1988 Term: 12 Month(s) Ori 'nal Issue Date: 41-J1TL-1988 Expiration Date: 30 -JUN -2411 Master: Y Duplicate: 0 Fee Cade: P44 Current Disciplinary linary Action . No Active Disciplinary Action ound .. . isci linar ° Histor Reg. Number: 06462469 1) Section: 25658(a) 2) Section: 24200(a&b) 3 Sec tion: 25663(b) Proceeding Status: CLOSED Decision: DISMISS --- End o_fReport --- For a definition of codes, view our trlossary. httr2 /Iwww.ahc_ca.gnv/(lnt„nrrtT nc,agrn �—gTr,_1nni,��� Page 2 of 2 4) 0 41 9 0 (D Q 0 0 0 <D 4J 0 0 0 ul 10 C) CD 4J El ;E N D4 C4 W yr >� co X 'T i = I a, - 0 a) Z m C) m 1-4 oD — r�) co > vu n H 0 cu �p (Ij z z >4 (n F4 F -t oo 4 M C4 co 0 cl 0) (:) O 9 U u) fxn �D zo oo w I�o 0 w 4 x r- U Z FZC rl -4 m1,0 X 'A 00 l9 r1 0 4) H M M C) q a) 0 OC q C3) c:, o) 00 a) q 00 CO a) (,j 0) C\j ON CD (n 4�3 a) V44 U-) C,4 r-- CD CTN a) oo t NN 1-1 I -q 0 ;E N D4 W m $4 U) co �l �w >� co X 'T i = I a, - 0 a) Z m C) m 1-4 oD — r�) co n H 0 cu �p (Ij z z >4 (n -4 oo 4 M C4 co 0 cl 0) (:) O 9 14 r- u) fxn �D zo oo w I�o 0 w 4 x r- U Z FZC X 40, 4�3 V44 oo t u) 4. �c cD x<0 z OD ~ rl >,70 < c N " ro � Ln co Go r, > It < x 0, c Z r -C/) am " l< cD m 0 0 46? a, El 0� F, w m x P� r- 0 rq CQ Ln 0 z --4 > Mr s 43 P� Nz -4 Q) r- u) < I u) W co F-4 F- c) z ui Ln [4 cf) E, W v) F -I -4 Co > Ln ry) Z "D E� E� C)l0 E. H u-) u) --v c c) E-4 > N--) c - Ir O a) 0 LO r) a Lo o) U") (71. c\j N co Qo -4 H t "LIGATION FOR BUILDING PERK '' -�► AP. CANT PLEASE Fftl IN SHADED AREA G. �Y USE tNp� EL B ENCfI, BALI POINT PEN OR OTHER NON - __� ERASABLE SUBSTANCE 10 to LQ rD N) N) 0 rt -9 a J� tom{ X, " Cl) �! 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'tilA g 114 q� till "Il ° -0 T 2� .�ssv wZn91ao""a yy a g� a R SSSA �s�a _ m I$Rrs n38a� c�maSC O.. Q iii S . l�iS r Fin ia$moraa �i 3 m go a Ni T � m� w3 m M �`D iZP++7i $ 3- a = ar 93 mn va pp �$4 w I I z 0 o; �a D z m } O 'Da = mz�i r �'�a�$��mE m � °� E?$pG'^•mom3 o,$ �"'�'i0 asr� �C}-.�� _... ee55 DUN"! 7.�DO SAO. � O �.O h�O ��OmaFg]p ��Om NN �POmpBaEx� � (7 � _S' � L�'a �c �31�a9 u3 aw aaom y a°m mmmropo�t?o j amna?�n"°�Qim' �o?a xZR> O-zi 101! 11 ja jmmunJ3w minim O y ,Sg k$ p ( o u a a o r g a$ 0 3 a m o o i m$ Y n A c„ 4xo`a c � �$. I a o`hm's sE ,p° pSmo 33-g�a a aca I v o aaK ab'tr o�g�En n� Mil rsox _b WHIS _ O m9 Ff 30 vspna Q>0a Ci 'fl "WIN `n3 n���oa � R m m �w'mm$ C7 �_ Z b o So�'u�aa � �3aNc �^$.a�y toaam �1 �3�om'�$cg'a ; o a Ymm a w �a�t�o o INif a" m sm m' �?amms°m m i Ymzj a a'o'_ aa'�7k 20 r•p _ 1 m �'mnm$ 'D I am>om m�r n w< p ��T,gna ��S4ot O'm �f°a Ss2 Y p �smm i Ays x �rrrn t? d X�jo�m5-2 Z a$s gm°RQ$o�fill 1 pc$ap$zm'K•<c 8g m1AC'�;Lmp�rmZvZQrn`mr- 2 p oaifly --jr i APPLICATION FOR BUILDI*?ERMIT PLtCA�T: PLEASE FILL IN SHADEA ONLY USE INDELIBLE PENCIL BALL POINT PEN OR OTHER NON. ERASABLE SUBSTANCE 10 t z A LICANT FILL IN THIS SHADED AREA ONLY -- FILL_ IN COMPLETELY ECEIV pg 7r" -RECEIVED kL 'UCN ODRESSSS rh A. P. NO. wN� / BUILDING ADDRESS D D SS ✓� + i"`ti _ s TRACT T Y I [..CEJ y.. R• I !OT NE:ER'"rjK,t •i t_ /I L! 0 CITY �'A-'"' "'F` f„- USE ZONE S CITY 1 +�. � IOtV1NG_.. LIC, tVOSTATE CONDITIONS LIC NO�Q� STREET IMPROVEMENTS s,c OF DESCRIPTINC1 OF WORK EXISTING EILDG. APPROVED wEa R K TO O'RMEGROUP PERFTYPE CONST. pL INSPECTION RECORD LQ.�7"l� ills X01 c Sa`.T. NO OF NO. OF -- FAW LI ES NEW App ALTER REPAIR npEMOL CITY OF TUSTIN 11673 I hereby acknowledge 8 ?. S 03that i have road. 3 027Y. the above information is correct ®nthl&aPPlIcation and state that 6ra o taws regulating building construction, d agree to comply with all 8 2 L u B t . It 2 1.5) i } Porion In .violation of the workman and shell n$x amploy any APPRQUAL ,DATE„ INS ECTp State of California. s compensation• laws of the FOUNDATION AN p « r ' LOCATION `� "• I hereby certify that I am properly'iicen�ed as a contractor undei REIN ' the State of California ,Business and FORCING , Chapter 9, and that such licenses FProfesaions• Code, Division 3, UNDERPINNING or i am exempt from the are In full force and effect, '.ORUNDERSLAS ! '� Buslnegs and Professions Code,vDivisionns f3 he 'State of California � • apter 9, ' 'RQOF SHEETING •„ � ^�� SIGNATURE ROUGitFRAMING 0 =- PE; RMITTEE X PLAN CHECKED BY APPRO DR YWAlt A•y�Nl/CHECK RECNO VALUE N t"rl� LATH lLQG, PER RCC a F ,PLASTER S d ROW N CT. --` FEE _ 1. 1 s�y.! u FINAL C:) Cn 00 co co ca 00 co > > > > Fdz 0 7 t11 NJ to co 0 �v to HN) (D L, M r") NI C) k (D > > n > ko H H w co O ro coA 8 CO t" ti 00 ro C:) 0 n Ln C:) to Hco n N) .N n > > > > > Fdz 0 7 t11 NJ to co 0 �v to HN) (D L, M r") NI C) k (D > C:) F- C) H ro to ro to Hco n N) .N > Fdz 0 7 t11 NJ to co to HN) CD C) r") N) N) C> k > C:) F- C) H ro ro -oq C) a C) pia 1-3 rt > Fdz 0 7 t11 FA z v a 1-3 N 0 k > ro ro F - vi 0 C) pia 1-3 rt rt "83 HAM - THIS 13 A 4-40ART FOAM OWNER -BUIL DEA OECLAFtATiONi� � Mreby afttm iMt f am axemd Mee. tM Cpmnaar• Umrw tarAy IM idbwMpelYPntNGTO3I.S�GYanb SeaM!•el�rarde!«of»�w•v!, osnagW ofi rlPll+uay •Wciun, Wbr to .4 uYanel, a4o npuhaM M! APP2MrR br •von 6Mhh to Mi! 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COninaMw'a Lklna• 4w eOn nd waft to •ery awn« wM eoRaeaf. kr.utri Nolam. wKrf e l J��•Iib•^••O Wr•wnt lofts CpMndore Lb,Ny.! ®teort Mempl urvia! 8!G . _., fl i FC w .4 WPDATANT aPPlcafMnPi� auA! b IM pM•aw p BUPW�lpp as/ brlh an pMe apgfeep Eatlf pNb•1Wrwn upon wno•! f1NyE Oe! apPMMfalbn b mlda aM l�A W raon tl rffae! YarMf endior etgy bfaNN+eat b Perle•mM Nnear ar Weau.uf fo •nl' Wm+h 4wW ss a:e•dt d tf#a •PPMY Wn •Tpr� * � tNliI MCW+h «MhddMnnWtMCAYd fo•.a •q•ny arts wrerfo}a•e M �M! t+4:1•laru <+ Cn•p!+ p d Ma 0^N°^" Oyyyrri IMPOpTANT U9£ tNDELIBLE P£NCit N CEpASURE3 AILOVIED WOaKER• COYlNENQ4TWN a8EU.MTK7N ( RN•by•elra tY.lf 1 M1ae• • e.nlww d Cwe•.nl la •N- ',,,. lvure a • cerlEicale d Wortb•Como•m•Ibn fmur•.o or .ygnnbe cow m«we ti 3eoo. Lm c.l i4e mpy a irw exa +M1! CeWrtmin(d iRP Mky Na: L C tnNvehea Ga: E*oMalbn O«•.j%/ Q}SA, ni CEATIFlCA ( e EYPTION"W, wOw"s fJOYPeNMTiON fNEg7.1mc, i c•nay MN b fM Wr1«menq d tM worts la wMkh inb W mK i.4n,a I .n.0,wt.mdar «w W rnon h .ny n.nn« a, u ie beoOny wOilct b px• WaM4ra ComIm—I n Law•rb C•Yb.N. t 6.wp -..... .., 16 Id%!rY m..M t. W~. afl . roM1 1'at •hou1C 0lOoma wl{!e! GortOlnpepn OroMafon! « 8fs t.eba Co6a Ya+ mwf =..T«mn wt u«e uacaWrfefbni.�dt,y ap•eer W fM Wr4Nmine• d tM rM br whkh ihN p«Mf b UC[NEtEO CONTAACTORi OECLAAATKkM i harebY amrm tNf 1 am rygmb uM« waflbna d fataN•ra (comron J�9 MIn Swtbn T000}atONi.bli8d Uw Bu•IMY e+q FaW Yalpy M-,ppA •rto my tkefmr b In lui bna arW •MpJ r�-//��f��fa ----Lt.. m-490 t.gnn n« fn amrpy ar aNew oceopmey a am fwatPnp tu11grt2eobYfhb Perth u'A8 N�Kfepapppl ePpW VY hY Mal recalylg f MrfFTlMl1 MvlHaQ tNa aP'PlCaffi0rr Nd •taN n4lfM bw•Wpm«MbWttao.t WrMlecpmpy WMeAClbuto 9haYtawereiNMgblMtwa9op�RrWn6 •r4« WOM1 the A6oe►m�«b�n«e�•ep?OafY bits C8Y to RMbM►6WYElPnb tae MA.�. _._�'��" :4-� /0(Y APPLICATION FOR BUILDING PERMIT j 1 92 USE fNOEUBLE PENCIL, BAIT POINT PEN OR OTHER NON -ERASABLE SUBSTANCE. rte,,-- „4 CITY OF TUSTIN Community Devctopment Department - Building Division Construction Permit 300 Centennial Way, Tustin, CA 92680 Building Counter(7t4)573-3131 or 573-3132 Inspection Recorder(714)573-3141 ASSESOR'S PARCEL NUMBER: ADDRESS: 14460 NEWPORT AV SUITE OR UNIT NO: A LOT: TRACT: BLOCK: Census Tfect Number: Redevelopment Area: sic Property Owner: THE SOUTHLAND CORP, 120 S. STATE COLLEGE BLVD.1200A BREA, CA, 92622-2245 1 ELEVEN - TENANT Architact/Engineor. R.D, ENGINEERING d CON5TRUCTIN 1666 W. MAGNOLIA AVE, SUITE I EL CAJON, CA 92020-1267 614!562-2255 Contractor: WEST COAST GENERAL CONTRACTORS 2141 E. PHILADELPHIA, 8N ONTARIO, CA 91768 909/947-9447 J08 DESCRIPTION: TI - 1 ELEVEN PC95-0248 Occupancy Group: Occupant Load: 82 Industrial Square Feet: 0 Type of Construction: Office Square Feet: VNRssldi 0 Square Feat: warehouse Square File O Square Garage Sqre Feet; 0 Number of Number of Units: Number of Stories: 0 Other Square Feet: 0 Number or Bedrooms: Restaurant Seating: 0 Parking Spacer. Commercial Commercial SquareFee[: F 2999 Accessible Parking; Valued— a 15000,00 UBG Edition; 1991 SUMMARY Plan Check: Building 250.00 TStP Zon. A Fee: $ Permit: Electrical pamirc 315.00 TS1P Zona a Fro.: s 37.45 SMTP Fee: 0.00 Mechanical permit: 0.00 Microfilm Fee: i 15 Plumbing Formic: 53, 16 OCFD Fee: 3.50 Sign Permit: Grading Permit: 0.00 Refundable Bond: 0.00 0.00 Private Pannk: 0-00 Bond Process Fee: 0,00 Misc. Fee: 0.00 DeveloIMpro"pment New Deabpment Tex: 0.00 Penahv 0,00 Fee: $ 0.00 Total Fees: $ 662,26 Permit Issued By: HN Date: 07/12/95 PERMIT(S) ISSUED AND PERMIT NUMBER(S) B95-0549, E95-0335, P95-0387 UCENSED CONTRACTOR'S D£CtARA'noN I hereby affirm that t am a licensed Contractor under the provisions of chapter 9 (commencing with Section 7000) of Division 3 of the Business & ProfaseigAr o Uz,-.. Number: y 1'ts s to in full force a Contractors Signature Data: DIVISION Of INDUSTRIAL SAFETY PERMIT CERTIFICATION The Cafrfomia Hoehn and Safety Cods ra4ufres a division of industrial safety paned ae a prara4uisite to permit Issuance unless the appkoent signs one of the cetifitelos below. ❑ t certify that no excavation 5 feet or more indepth, into which a aerson Is required to descend. wA be made in cnnmrtian with work authorised by this permit, and that ne building, structure, scaffolding, falsework, or demafnian or d+smamkng therso6 will be more then 38 feet nigh. I hereby affirm that I O" "ll-BuILDERtD nEs�CLAFttrAnor Uceros taw nor the foaowmi) ".aeon ti {Secfion 7031.6, %.in**$ & Professions Code: Any CIty or County which requires a permit to construct, aper any structure, p , improve, demolish, or repair prior to its Vwa_0. also rsqubee the apphe.nt for such permit TO fte a signed Statemertt that he Or she is kcensed pursuant to the proyitions ofthe Contractor's License Law tChepter 9 {commencing with Section 70001 of Division 3 of the Bilines# & Professions code) Or that he or she is exempt therefrom and the has" for the aheged exemption. Any violation of Section 7631.5 by any applicant for a permit subjects the epplitant to a civil penstty at not more than five hundred dolleni 1500.00), ❑ lasownarofthoprooeny, or my employees with wage. as theasols compens*non, will do the work and the stmetrrra is not intended or offered for does 7044, Business & Low whProfessions Cod*: the Contractors, license Low oa not apply to .n owner of property who builds or improves and who dons such wank himson, or hared or tthenars, provided that such improvements hrough his ar her own empbyees, are not intended or offered fes sale. N, however, the building ar Improvement, sold within pre year of completion, the owner-bulider will have the burden of praying that no Of She did not build or improv. for purposes of sale.) ❑ i, as owner of the pragany, em axciuslvelycontracting contracting With Neans.d Code: contractors to construct the project(Section 7044, 8uainess & Praf.ssiona btdMs The Connector"Ucsrras Law does not apply to an owner of propeny who Of imp(ove$ theron, and who Contracts for such projects with a contrsctor(S) license pursuant to the Contractor's License Lew). ❑ 1 em exempt under Section Business & Prorenfens Cod. for the fotlowing reason(&): Owner Signature: Data; WORKERS' COMPENSATION DECLARATION t her. eby sffam under penetty, of perjury one of the fallowing declarations: E 1 have end will maintain a Co"rflcato of canesnt to salt -insure for Worktr's Compeneatioo, as provided far by Section 3700 of rhe tabor Cade, for the performance Of the work for which this permit is issued. ! have .std wia mainbin Worker'. Compenaedon inewerica, as ,aqui by Semon 3700 of the tabor Code, for the perf.rmance of the wor for which this permit is issued. W Workei a Cc k and policy number sra:npeNetian inawence carrier � POLICY NUMBER: -y ,,/ COMPANY: / 1i ( t 5 * a~ ntya eet#pn ntya nm be cynpared it the permit a ror ens fyyxked daars i/ toot a, Had. ❑ 1 Cattily that in the performance ai the work fat which this permit is issued, i shelf not employ any parson in any m.nnar so as to became sublect to the Worker's Compensation 4ws or Car m' a, and agree that it 1 should become su ct to the Worker's Co 3700 at the Lab Code. I mpanta provhfona of Saction ./ fo Con Ihaas pi,—isons. Sighatwe: ���ffff����YYY tZ"�''" WARNIfgG: Failure set a Workn's C ites subject In em ortlpantafipn coverage M unlawful,and sAyer to criminal Penafdee and eWM fines up hundred thousand dollar 10100,0001. In aeon to the cost of to ora "Ontiransetion, damages as provided Iw in SOCtian 3700 of the Labor Coda, interest Ind attorney foes, CONSTRUCTION LENDING AGENCY I hereby affirm that there is a construction lending agency to, the G peWrfoCadet.rmance of the work for which this permit is issued (Section 3087 LENDER'S NAME; LENDER'S ADDRESS; NAZARDOUg MATERIALS AND EMMSMNS STATEMENT Fit ED O A.0 -M, D. Data: ❑0XT.O. Date:'—�--"'— Not requited -- – T.U.S.D. Fees paid Yat ❑ N/A IMPORTANT Application 4 hereby meds to the Buadlng Official for a permit subject to the conditions and restrictions set forth on this apWicetion Each person upon whose ben&)( this spptication it made and each panron at whoa request end for whose benefit work is pefformed under or aunusnt to any permit iau.a as a raauh of this application #gree$ to, and shalt, indemrdfy And hold hamlet. the City Of Tustin, Its officers, agents and emOlOyses in acewdence with the O"'"Alans of Chapter 2 or the Uniform Adminhtratwe Code. I Agree mit isnot to t tnafc pay 7 4ow occvpmcy of any butfyng suthortzed by thus this a pptova! nae been (stewed, 1 Cwdty met l nava reed complyPohtatbII end $bis that the snare information is cornet. I sorb to hereby with iz Rp ..s ,tate Sawa r.letin9 10 the building construction. and herby suthorispection urpos t . tM City to entor upon the Wove mentia"d property for inspection purposes. 0 As ow"fybw(4.r t will not empiey anyone to do work which � Sngnattr Ovmar, treto+, or Authorize Ag t. wpuld�iequit# S gamin from the Division of Industrial $Italy. as noted above "14#8 such person has a permit from that division. Division of industrial Safety Parmit Number: SIGMA F, DATB In CornpliROO: with Fed" regided t, the City ,. I in don not ditmmineee on (be basis oft. Cala, rtuiooa) origin, age or dilabiliry. Whit. Office Canary - Po minas Pirdt - Auditor Uotrterrad- Asarasw 'PLI(ATION FOR BUILDING PEi IT ---3► APPLICANT PLEASE PILL IN SHADED AREA UNLY USE INDELIBLE PENCIL. BALL POINT PEN OR OTHER NON. SUBSTANCE CITY OF APPLICANT FILL IN THIS SHADED AREAO1 G Y TUSTIN ECEtvE BY A k fV NO ONLY FILL IN COMPLETELY X. l - ) - ;fir 155181 A P NO .p DAtEt55vE0 L -_..._.,_O. NEW ADD ALTER)AEPAIRDEMOLISH iYYTCtIr 1 ` BUH7 ING ADDRESS 1 CtC10RE 3 j9 i �' 1 .t--y� j yt!vS� tRAtt ILOT BLOCK --`'tom MOL NEW A t3 . V-\ NO. q TER p"I MO— v G'--- pp PEINPORCNG ENOINEERT > ryp. ADbi�ESS OwNERt Tg$ C rligO( QOO° SHEEnNG SIGPNARTURE V ROUGH PRAMING ADDRESS CITY USON'70— - CITY CONMPONS LIC. NO.!� STATE . . LIC. Np, STPEET,MPpOvEMENTS ___.�... STING BLDG. lRpVED ). __ • UPrYPt ::ONST --._ ftp€ ZONE INSPECTION RECORD 512£ T I SQ' FT. STORIES NO,OFFAMILIES _ L -_..._.,_O. NEW ADD ALTER)AEPAIRDEMOLISH I hereby acknowledge that I have read this application end state that the above information Is correct and egret to comply with all laws regulating building construction, and 1 *hail not APPROVAL DATE amp{ay any c»nan In vioiatton Of the workman's compansatlon laws of the Stats of California, FOUNDATION AND LOCAT ON I hereby certify that I am properly ilosn:ad as a eontrertor under PEINPORCNG the State Of California Butlness end PrOfgslOns Code, Olyie(on Chapter 9, and that such ilcenaes UNDERPINNING are In full force and a}ft or I am exempt from the provisions of the State o CiiMOrnie OR UNDERSLAA sutiness and Professiocode, Divlslo 3, Chapter QOO° SHEEnNG SIGPNARTURE V ROUGH PRAMING mITTEE--�h) I AA 9 0 411 APApO"EC -ATu `F` $ ItASTERa#OwNCT C -NAL) "NLY?"CATIOX fOR- BUILDING TT—`f-LI�CANT; PLEASE FILL IN SHADED A USE INDELIBLE PENCIL, BALL POINT PEN OR OTHER NON. -ERASABLE SUBSTANCE APPLICANT FILL IN THIS SHADED AREA ECEIVED By D IVEC ONLY — FILL IN COMPLETEL' y 0 1 N G SS III ::1I R EA 11 NO. OWNE 002 BUILDING /Z 0S WAILINU ADDRESS ADDRESS 12- ym 1�lAj TRACT LOT CITY t TEL NEW ADD ALTER CT OR NO. REPAIR ARCHITECT ENGINEER 0—^ 1 — — I - r -1 4 ireWC UN ITY 1C. NO. 131 ( A30NOL I -.. 5 FATE - LIC. NO. VAL 4 CIT -TY �Of LUSTIN 16250 -- vco% 1 r I I UN OF WORK -7""'-_— USE ,V0E` EXII 131-0G. APPROVED 'W"^.GROUP PERFORMED ' TYPE CC)NSt FIRE ZONE 11'1cnr/-`ON RECORD -n SCI. F7. OF tF No OF RIES FA I ST6 -A ILI E i Z40 Lir r EW ADD ALTERREPAIR DEMOLISH I Efift I hereby acknowledge that I have read this DoPlIcstloh the i-% r and state !hat above information is correct and &Vro laws regulating building construction, 0 TO COmPlY with all person In and I shelf not employ APPROVAL' DATE violation Of the workman's compensation ,\,, y State Of California, of the FOUNDATION U INSPECTOR ILOCATION I hereby certify that I the State ofm PrO0011V licensed as 4 COAtrActOr under CaliforniaC&IJfJBusiness REINFORCING F 11 'I'll .-I and PrOfS8410112 Cod*, Olvi Chapter 9, and that such llctnsos are in full force and "o or I am . UNDER PINNI ORUNDE exempt affect, from the eavitions of the aft of C611fornla Business and Prof.slif;'. Division 3 --t�9 #pter 0. ROOF $MEETING SI"ATURE ROUGH F#AMIN :)F PERMITTEE AN 0.4ECKEa BY APPROVED DRY WALL 4N 1�41 ;EC Nd VALUATION PC A X FEF $ 7 NAL to (A UNC35 0O O C) to to to G7 <D C3 n Ln _ to tp O CD �O L. Ln to eo 03 co to O -1 co (-n cn N 01 0 N) (4 CD �v ul I C� �g t, -9 a tKI w to q c) 0 F,4 NJ k, C) I'j M 00 U co m — C: O rj �-4 H P-4 0 C) ul m q'tl LOHz > " 'J' > i n n >p D > >t < two to -- 00 PQ to 'Icy i tj I !Z to 0 > m " m �u < to O 03 > -j < 0 cr co �a -j H No to 'D to �u CC? -j ti :E co CD > 'D ro cq xH 19 Ln co rt ID O M F-3 1-4 At A En n (n I�u C4 n -M 0 z kA to CO Cil cn 00 (D cn 00 �u C.M U) CP l< C) m t-4 w Cj �v HFf . Cy 00 to J-q I ra ca N) 00 110 rD rn to �c 01% 19 101 = C> > C: cz (10 v bN n IXI > (D z zK 0 C) Cf) 1-4 0 0 r--P- F-3 (n 0 ro n 4 V) to > ro toUn NJ 61 ?lj OI w F In Z C) CA C) Ij f.) N) to (D 0 CD C) I- F, ND C) rj 1- C) cz) F.- ZD to > C) 3 C) -3 > > C) > > H H n �g -3 n > n < H �i H 13 � r 0." 0 lj� L�l < < cn I m< tq vi C) -(� C) (t C) (Dra APPLKATION FOR BUILDING' IIAIT -3116. APPLICANT PLEASE FILL, IN SHADED Alli ONLY USE INDELIBLE PENCIL, BALL POINT PEN OR OTHER NON �— RASABLE SUBSTANCE f5f'L1C'iA i=1 L Ci;t TiigQD © billt� - Pi L P10TE P NO G .l �L.�_ � { e _ • iii fit rtAlr —1 11111 11 1 ADDRESS Af IlillKi' TRACT lrY � 7 ; NEW #NtitNE�pT { i Nkf�l� A.DCAR F AWNfP 11 CONDITIONS ( ao. ` sT TlAiG Bt t]¢; AF k: GF altiuE ,gin ii z NEW QA60 AY TER REAAIR 1 MNabY ack+nQYRi'Rd . tttai t have fa d ti>,k W.Plla4tl0n•MtR Wta thai tht ab*V* lAf*hf" #lOrt to oorraet a aRil to cpmplY ivlth all taw. ratulating (Iwulldlr+�, aa,«e:uat�o,,.,.rcd t tihart rTSpt artp/ 0041 In ahM • APPROVAL C v141jtill lot, thr, ",kntan't cbm .stats of csllforigo, Li"l lan IiWS of tt►a FOUNDATION AND LOCATION l htNby ctnll thili I any rOpaEl II D Y arlhaad Oil catltietOr undar� ti of Will la •ftldn� REINFORCING I and Pfaiy�a Cads, gIvlsia� �, Chapter t. and thit rill tloanRat Om Ill full foaea ilNpEa PINNING nd •f eat, or 1 am axel III ttii� Pr rttx: 04'0 Qq Catifafnla ltustnass and :fralfe l OR UNDER SLAC! C iv Ilion ', �N ROOF SHEETING SiEiFNATU R! ROUGH FRAMING AN .'•+FCK t:7 J i APPPC C —T— DRY WAIL f 7AIGAT��N Pt (ATN EPC ""j PLASTER 611 I r�; � FiNAt Y STiN 7301 i PLICATION FOR BUILDING PER 'm 1 ANT: PLEASE FILL IN SHAOEO AREA ' y .F USE I Elf BLE PENCIL, BALL POINT PEN OR OTH NON• ERASABLE SUBSTANCE r Vr ':. ;FCs L IN.7N1S SNA�'aE=D AREA E w r �— FI L iN COMPLETELY R � A.P. NO. BUILDING G 1JGSS, ADDRESS _l�� TRACT TEFL. NEW ADO �RCHIT.Et; T O.. @IGiEwERTEL. NO yam\ �+�y,! Ili OWNER USE NO. Qi3R$5 r�' #r' M �' C! Y USE ZONE b fC s A a L!C NO. STREET iMPROVEMi ' '' Ai D CRIPTI N QF WF1K 1Er• Ft w.f ! JpG E3'L,:,p , APPROVED .y����r GROUP 5 Ef 4 NC>. O FT. " STORIES NO. OF FAMILIES ��_. ` NEW ADO ALTER REPAIRI DEMOLISH 11 hereby acknowledge that i have read this application and state that ilia; above information is correct and agree to comply with all laws rRgWating quliding construction, and i shall not employ pdtson in APPROVAL any violation of the workman's compensation laws of the State of Callfornia. FOUNDATION AND LOCATION I hereby certify that I em properly, licensed a"8 contractor under the State of California Business REINFORCING and Professions Code, Division 3, Chapter 9, and that such licenses are in full force UNDER PINNING an d effect, or 1 am" exempt from the P visions of the State of California Business and Professions OR UNDERStA6 ry sio 3. Chapter 9. ROOF SHEETING S1<3NATURE X OF FIII Mf7 Es ROUGH FRAMING IAN CFjE4KED g' APPROVE � DRY WALL f ~ � •G•-/'" LAN CHECK REC NO, VALUATION P. C. LATH .Q `� FEE $ P p �C PLASTERER BROWN CT. s �V � ....► .+yy / FEE $ G �j� FINAL r--. r� ll J N 11275 (A --PA MANAGEMENTGROOr INC. Anwar Markos Ptexidoit I U35 [Jench 131vd., 020C Id (714) 901-0"6 StAnton. CA 90680 rax (714? 901-0684 I -owulm lj,4 n PC-, 7z Exhibit B.1 10 K r � 0 01 1AA ri V"Wft MAIM A 4~ 160W it�buIrM.eAwdristl.awdrtd}bat4wwf.db..tli d.}wrMnytn.dnM OWNERS4ALDW DECLARATION fCNMML«Ao.RtAOT�ItO,gN�W CaC wdborw. DoricyCh.Ms-m. r«.+I b eartnet dnr, rlj+w.4 ad.Y.b «isp.r.,Y .c3.Wr.t aeornb ndM.eti ue.a.M '.., aKrat b M tYbAw wt M r } ee ew Mr ei+tAWaft a( If. .M MG wakidwf MY.�swrttl�«dq,. HI10—0111TANT USE INDELIBLE PENCIL OR SALL POINT PEM NO SttlaStlRfa ALLCYYtCD *OAKRA'a COM"Wp*T OM iWCLAMT*o i.'wr/ d1Y.. tb. i �♦ adYI.Y. d 3M«. b 3M► n.w a}wrtnwbawaw.cdnoa.uuarMra.na. «, o.n.Ma a3pY W-40006 mm tap ay 0 csmw a.0. Y fM ma U. t~— a 8UN>iv ad.N �wro+Co Mc tbtta 4 a+r . r.+w s Y. wd. CiWWIUTA pp�F�q�}t ►►Mf0��� 1MOIM(tR'4 .ewlorM b. aw t *M%. A3ntra tOiLriMill�iM111lJ t 4faaffSO.Op A»rwl�ibCa fgrtirtK.KY0.pMa.Mna.atM+aAbdYbid. ❑t Mtwddw b}.yp}}�M M.aKYY.u+dldWeYkM+Mia/«gM.MM�wPMNW .. yyy m. b r b b+iemG. 3.AYd n U.. YYA✓} atm.mw dzNl l.M.Kp.elauMaYy. dtdMGMM Yr.I+sa4m3ra..tw .wYM•.le. wi.'/riwKw ..n te....s eerttdMr. n «.re}d a. «al.d IMG KanOIMG.OAt e.c CF tow, a w + wYMYYYwialP+NrM1a�.IMGtwo a IM tlpfYmta . M3d» •.c: Y�cirrwlan tii�.r aw+r� rw +M r r, ■L�c�.�G.-'�S. awrd�sdy+YMOuIIA«YYpnrfl..a}r1dMa NOtiClO•`+���C�NRIICWI: Ia■ a i w ++w4A 3.da e}ctov-aww Mr 3.Ms +.r aL...Y Y K�•.M w — -,*kV-" Emmkft Yen MOWN b.d l � a..r.t «d ..+ Y�3w«..w. r Ga WA.&O « * wfb .ftwd wwcIIA M+MipsWrerwwwMY Ca.a.udfo. tmww of brl.K7m oeKrlfWMt«Api a.wuoloo.�.n�y.r�f.}w,toeeldal�aa �i.Yvt.�L t}owria+.CatlA «dnNtdwYYAA I IftM NWIM YrM ft -.d n.4GUA �..�fMr YKW dwkW b u+a=* i WWAVMWMddmf WA D OYa Ihadl3'.AItD NM 4«. Y. atm.mw dzNl l.M.Kp.elauMaYy. dtdMGMM Yr.I+sa4m3ra..tw .wYM•.le. wi.'/riwKw ..n te....s eerttdMr. n «.re}d a. «al.d IMG KanOIMG.OAt e.c CF tow, a w APPLICATION FOR BUILDINGS PERMIT N" 3 4 7 USE INDELIBLE PENCIL, SALL POINT PEN OR OTHER NOWERASASLE SUBSTANCE, CITY (w YUf'hm A{RtCANT tAtlBT dyaMt.ETELT:11i.IN MKtMOm aiE M!G.9s® 3.a .tea wtuut uesw a .a Yln Ca�b.eter. LYYM. L.. �...d rrM a,3nY •ww trrml. ta...A rKi.MrwN. . M3d» t MardM.a3aMYlMCenYCIM}LnM}n LICENYp WIfTRAL^tpRf tMIW/KyLttOM a i w ++w4A 3.da e}ctov-aww I ha.M .w. aW 1 .. il.«nw Y+dr woNSar a l � n.3Mrc � TM a.wuoloo.�.n�y.r�f.}w,toeeldal�aa �i.Yvt.�L t}owria+.CatlA «dnNtdwYYAA q''at*. 'wl M— lbw} Y«w f11OdiWT i .pM M b ..a�OV «}rw dogMMKM d W OdiYnY d.W bkr tl...nrd MfYllf wl «iMtWMbYCY.0aW1iwMMWMibMMaiwio+dWW MldY .tor qmy ..t 4r M Ui..t.✓A.i11.3 � W~•Melan O.r ntaMLLlpel/ltlMtlhwMOgA�OYgYpn ai/ w db. ....Ywr«.MMwMFTYGM.otl.Mgpiy.j e.A.11W}V+dnMnYnna3W3W1y.M.ddgM w...c.y.roaw.Y...wY,ona,. r+aww.w t«r�a�YwrAiwDtY.I.OdM+dM awea Yon «.f.aOOY tiM.0u M0...«1Y� b RM.MKb«Y►adWW"Ob WWh idh-d—a4w.. Mt+.'•4 M 10% M* ..YWd -- b"ft In a t — o.reara C MtlYnaOSp► Y tt M taw W am" wa ew .tw w rwwr ifLOKMM t e11M IASIdn �y It ow " t>aa. Oa.. APPLICATION FOR BUILDINGS PERMIT N" 3 4 7 USE INDELIBLE PENCIL, SALL POINT PEN OR OTHER NOWERASASLE SUBSTANCE, CITY (w YUf'hm A{RtCANT tAtlBT dyaMt.ETELT:11i.IN MKtMOm aiE M!G.9s® 3.a .tea wtuut uesw / -3 --� -7 / oe,) � �� 7 C;LIP4 p K"If T E I v 0 t ,t l � �.. ./'ta.�■■-VETO TM Atm. :s` e'*^ q''at*. 'wl M— t / -3 --� -7 / oe,) � �� 7 C;LIP4 p K"If T E I v 0 t TUSTIN E .t C'+ RTff] 11 Vi..+41 T `L(/11 OCCUPANCY Community Development Department n Building Division 300 Centennial Way w'w+.wuurwu., Tustin, CA 92780 (714)573-3131 or 573-3132 Thi, Certificate of Occupancy is issued pursuant to Section A 110.2 of the California Building Code as amended by the City oi' Tustin Ordinance No- 1344. At the time of issuance, this building has been inspected for compliance with the requirements of this code for the group and division of occupancy, and the u r which the proposed occupancy is classified. BuildingAfess: 14845 HOLT AVENUEBuildutg Permit Number: C07-1006 Owners UE SCHRISER REALTY Occupancy Group: flp @, St Tenant Nance: SPROUTS Code Year: 2001 C@C Type of Construction: V - NON RATED Description: 26,856 SF Fire Sprinklers: YES Issued By: ___ Date: LZ Zs�O� $Yttlan%ildirig Official This Certificate of Occupancy shall be posted in a conspicuous place on the premises and not removed except by the Building Official, ATTACHMENT D OTHER AGENCIES MEMOS CITY OF TUSTIN Inter -Com DATE: October 4, 2011 TO: Elizabeth Binsack, Community Development Director FROM: Christine Shingleton, Assistant City Manager SUBJECT: Proposed Code Amendment — Reducing Gross Floor Area Square Footage Requirement for Alcohol Sales The Tustin Community Redevelopment Agency is opposed to amending the current Tustin City Code, Sections 9232 a(1)(a) and 927ldd(1), requirement that general retail businesses must be 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. The Code also requires alcohol sales in permitted businesses with less than 15,000 square feet of gross floor area to be subject to a Conditional Use Permit and follow minimum distance regulations. The proposed amendment to reduce the square feet of gross floor area to 12,000 is an impediment to the goals and objectives of the Town Center and South Central Redevelopment Project Areas and conflicts with the goals and strategies identified in the "The Neighborhoods of Tustin Town Center" study. The Town Center and South Central Redevelopment Project Areas' goals and objectives were developed to enhance the Project Areas and create a sense of identity while addressing the blighting conditions of depreciated values, impaired investments and economic maladjustment within the Project Areas. The existing City Code was the result of significant research in determining the size and locations of where stores could sell alcohol. The proposed code amendment could have far reaching implications on the number of establishments that sale alcohol and such increases could contribute a continuance of depreciated values, impaired investments and economic maladjustment within the Project Areas. In addition, the potential increase in number of establishments selling alcohol does not enrich the livability of the neighborhoods in "The Neighborhoods of Tustin Town Center" and conflicts with the identified strategies that seek to create well-defined neighborhood centers, focus uses onto neighborhood -related and pedestrian oriented sites to form synergistic benefits with residential uses and accommodate a variety of family sizes. The neighborhoods are not deficient of alcohol selling establishments and proposed code amendments should enrich livability by creating pedestrian oriented sites within well-defined neighborhood centers that accommodate families and promote a sense of community. A summary of Town Center and South Central Project Areas Goals and Objectives are included herein for your use: • Pre -plan and redevelop portions of the Project Area • Encourage consolidation of commercial uses into well defined centers and development of mixed use developments • Improve traffic circulation and access • Rehabilitate substandard and deteriorating structures • Redevelop vacant and underutilized sites • Upgrade substandard public infrastructure systems and public facilities • Enhance the image of the area and create a sense of identity • Improve connectivity • Provide assistance for rehabilitation, expansion and retention of existing businesses and facilitate new business attraction • Develop a marketing and communication program • Strengthen existing partnerships and develop new ones • Develop, conserve and maintain the City's affordable housing supply A few of the strategies in "The Neighborhoods of Tustin Town Center" Report are also provided for your use. I . Consolidate commercial uses along corridors into well-defined neighborhood centers and mixed- use developments. 2. Focus uses onto neighborhood -related and pedestrian oriented sites to form synergistic benefits with residential uses. 3. Encourage introduction of moderate- to high-density residential development along street corridors, compatible with the adjacent neighborhood. 4. Encourage construction of a greater variety of residential product types to accommodate a variety of family sizes. Please don't hesitate to contact me or Jerry Craig, should you need any additional information. TO: JUSTINA WILLKOM, SENIOR PLANNER SUBJECT. CODE AMENDMENT REVIEW— CA 2011-05 -WALGREENS As you are aware, the above location has asked for a Code Amendment to sell alcohol at Walgreens at 13052 Newport Ave., Tustin, CA. The Police Department has two main issues with this request: 1. The "saturation" of alcohol establishments in the vicinity. There are currently 19 establishments which possess valid Alcohol Beverage Control (ABC) licenses to sell alcohol on and off site. Also, in the immediate area are a school, two churches and one of the City's busiest intersections Irvine Blvd. and Newport Ave. The sheer volume of current businesses which sell alcohol would have the Police Department request the City "deny" the amendment. 2. The "crime picture" in the area. In the past year, the Police Department received 131 calls for service for various crimes. These crimes ranged from property crimes to crimes against persons. In the same time frame there were 14 reported thefts of alcohol from licensed ABC establishments in the north portion of the City. Fifty percent of these thefts occurred within the same vicinity as the proposed amendment location. As noted with the above saturation concerns, the Police Department would also request the City "deny" the amendment on this single issue. Based on the combined issues, the Police Department would recommend the City deny the request to allow Walgreens to sell alcohol. The above statements are supported by two attached maps prepared by our Crime Analysis Unit. P TUSTIN P0110E DEPARTMENT Crime Analysis Unit, 300 Centennial Way, Tustin, CA 92780 714-573-3393 h Crime Statistics in relation to establishments selling alcohol 8/1 /10 to 8/24/11 Legend Walgreen's * ABC License Locations Narcotics Offense • Alcohol Offense Crimes Against Persons Property Crime 500 ft. Zone 3 # Alcohol Related 13 Crimes Against Persons 17 Narcotics Offense 7 Property Crime 94 Grand Total 131 *** CONFIDENTIAL *** FOR LAW ENFORCEMENT USE ONLY TUSTIN .. 1J DEPARTNENT Crime Analysis Unit, 300 Centennial Way, Tustin, CA 92780 714-573-3393 North Area Theft of Alcohol 8/1 /10 to 8124111 *** CONFIDENTIAL *** FOR LAW ENFORCEMENT USE ONLY ATTACHMENT E PLANNING COMMISSION RESOLUTION NO. 4184 RESOLUTION NO. 4184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING CODE AMENDMENT 2011-05, A REQUEST TO AMEND SECTIONS 9232a1.(a) AND 9271dd(1) TO ALLOW OFF-SITE SALES OF ALCOHOLIC BEVERAGES BUSINESSES WITH MORE THAN 12,000 SQUARE FEET AS OUTRIGHT PERMITTED USES IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT AND REQUIRE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES WITH LESS THAN 12,000 SQUARE FEET GROSS FLOOR AREA AND WHERE THE ALCOHOLIC BEVERAGES SALES AREA IS MORE THAN TEN (10) PERCENT OF THE GROSS FLOOR AREA AND SUBJECT TO DISTANCE REQUIREMENTS TO SENSITIVE USES, RESPECTIVELY The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Code Amendment 2011-05 was filed by Brian Fish and Jennifer Chaves, of Luce Forward Hamilton & Scripps, on behalf of Walgreen Co., to request amendment to Sections 9232a1.(a) and 9271dd(1) to allow off-site sales of alcoholic beverages businesses with more than 12,000 square feet as outright permitted uses in the Retail Commercial (C-1) zoning district and require approval of conditional use permits for businesses with less than 12,000 square feet gross floor area and where the alcoholic beverages sales area is more than ten (10) percent of the gross floor area and subject to distance requirements to sensitive uses, respectively. B. That on November 16, 1992, the City Council adopted Ordinance No. 1101 establishing that super markets and other large retail stores with a minimum 15,000 square feet of gross floor area shall not be required to obtain approval of a conditional use permit in order to sell alcoholic beverages for off-site consumption. The ordinance was focused on supermarkets, grocery stores, and other large retail stores. C. That a public hearing was duly called, noticed, and held for said application on October 11, 2011, by the Planning Commission. D. That the denial of Code Amendment 2011-05, a request to revise the Tustin City Code to exempt off-site alcoholic beverages sales establishments with at least 12,000 square feet of gross floor area where the alcoholic beverages sales area is no more than ten (10) percent of the gross floor area and require businesses with less than 12,000 square feet to obtain Conditional Use Permits (CUPs) to sell alcoholic beverages for off-site Resolution No. 4184 October 11, 2011 Page 2 consumption and be subject to distance requirements will 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. A decision to deny this request may be supported by the following findings: 1. The City has a history of regulating alcoholic beverage sales in response to community concerns related to sales of alcoholic beverages. The City has closely looked at various alcoholic beverage sales issues and has primarily addressed concerns and potential negative impacts with some form of regulations. 2. The impact of the proposed code amendment would apply city-wide and while the applicant states that only one (1) additional existing use would qualify for the CUP exemption for alcoholic beverage sales, a larger number of future businesses and tenant spaces may be eligible to sell alcoholic beverages without approval of Conditional Use Permits. Therefore, the actual impact of the proposed code amendment is potentially greater than what can currently be analyzed and foreseen. 3. The current exemption of 15,000 square feet threshold are typical of supermarkets or groceries stores and adequately addresses the original concern in that supermarkets or grocery stores typically are larger in square footage and are businesses where one would be able to shop for a variety of consumable goods and that it is naturally within the scope of the business to sell alcoholic beverages as a small portion of their inventory. 4. That the proposed Code Amendment would increase the number of businesses eligible for exemptions throughout the City and may over saturate certain areas in the City with alcoholic licenses. 5. That there are adequate number of alcoholic sale establishments in the vicinity of the proposed project to serve the public convenience and necessity; therefore, the proposed project would not further the public convenience and necessity. 6. That various alcohol related crimes occuring within the vicinity of the proposed project site and citywide; lowering the building squarefootage threshold for alcoholic beverages establishments would increase the number of outright permitted alcoholic sales establishments and Resolution No. 4184 October 11, 2011 Page 3 thereby increase the likelihood of additional alcohol related crimes in the City. 7. That the proposed code amendment could have far reaching implications on the number of establishments that sell alcohol and such increases could contribute a continuance of depreciated values, impaired investments and economic maladjustment within the Project Areas, in conflict with the Redevelopment objectives. D. That this project is exempt pursuant to Section 15270 of the California Environmental Quality Act. II. The Planning Commission hereby denies Code Amendment 2011-05, a request amendment to Sections 9232a1.(a) and 9271dd(1) to allow off-site sales of alcoholic beverages businesses with more than 12,000 square feet as outright permitted uses in the Retail Commercial (C-1) zoning district and require approval of conditional use permits for businesses with less than 12,000 square feet gross floor area and where the alcoholic beverages sales area is more than ten (10) percent of the gross floor area and subject to distance requirements to sensitive uses, respectively. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11 t" day of October, 2011. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4184 October 11, 2011 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4184 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of October, 2011. ELIZABETH A. BINSACK Planning Commission Secretary