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HomeMy WebLinkAboutPC RES 4184RESOLUTION NO. 4184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL DENY CODE AMENDMENT 2011-05, A REQUEST TO AMEND SECTIONS 9232a1.(a) AND 9271 dd(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 Resolution No. 4184 October 11, 2011 Page 2 Conditional Use Permits (CUPs) to sell alcoholic beverages for off-site 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 the Police Department analyzed various alcohol related crimes occured within the vicinity of the proposed project site and citywide and concluded that lowering the building squarefootage threshold for alcoholic beverages establishments would increase the number of Resolution No. 4184 October 11, 2011 Page 3 outright permitted alcoholic sales establishments and thereby increase the likelihood of additional alcohol related crimes in the City. 7. That the Redevelopment Agency reviewed the proposed code amendment in reference to its goals and objectives for the City and concluded that the proposed 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 Agency objectives. D. That this project is exempt pursuant to Section 15270 of the California Environmental Quality Act. II. The Planning Commission hereby recommends that the City Council deny 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 11th day of October, 2011. ~q JEFF R.THaQMPSON ` Chairperson ,~ EL BETH A. BINSACK gd 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 Na. 4184 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11t" day of October, 2011. ~- ELIZABETH A. BINSACK Planning Commission Secretary