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HomeMy WebLinkAbout01 CODE AMENDMENT 2011-05 ALCOHOLIC BEVERAGE SALESAgenda Item 1 AGENDA REPORT Reviewed: City Manager ~~~~~~~ Finance Director N/A MEETING DATE: NOVEMBER 1, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 2011-05 -ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS 12,000 SQUARE FEET THRESHOLD SUMMARY The current 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; and defines "Convenience Store" as any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or combination thereof, are sold for off-site consumption. Walgreens, the applicant, proposes that off-site alcoholic sales establishments 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 and that these establishments should not be classified as "Convenience Store." Applicant: Walgreen Co. On October 11, 2011, the Planning Commission considered the item and recommended that the City Council deny Code Amendment 2011-05. RECOMMENDATION That the City Council adopt Resolution No. 11-78 upholding the Planning Commission's recommendation and denying Code Amendment 2011-05. FISCAL IMPACT Code Amendment 2011-05 is an applicant initiated project and the applicant has paid all the associated fees for processing the application. ENVIRONMENTAL ANALYSIS 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. City Council Report Code Amendment 2011-05 November 1, 2011 Page 2 APPROVAL AUTHORITY Tustin City Code Section 9295 authorizes amendments to the Zoning Code upon recommendation by the Planning Commission and approval by the City Council through adoption of an Ordinance. BACKGROUND Tustin City Code Section 9232a1.(a) allows off-site sales of alcoholic beverages by right 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 is less than 15,000 square feet or when the alcoholic beverages sales area exceeds ten (10) percent of the gross floor area and that these types of establishments are subject to distance requirements to sensitive uses. Section 9297 defines "Convenience Store" as any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or combination thereof, are sold for off-site consumption. Alcoholic Beverages Sales Regulations Since 1984, several ordinances have been adopted to address alcoholic beverage sales establishments and their 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 li uor 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 • Initiated by "Parents Who Care" -community group concerned with alcoholic bevera a sales businesses. Ord. 1101 • November 16, 1992 • Exempted supermarkets and other large retail stores min. 15,000 s ,and less than 10 ercent sales area, City Council Report Code Amendment 2011-05 November 1, 2011 Page 3 from CUP and distance re uirements 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 methodolo for measurin 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 ado ted Ord. 1237 • June 4, 2001 • Added definition for "Specialty Store" • Specialty Stores exempt from distance requirements, but re uired to have CUP In November 1984 the City Council adopted zoning code provisions which required a conditional use permit for all on and off-site alcoholic beverage sales establishments. In May 1987 the City Council added additional provisions to establish minimum distance requirements between various land uses and any off site alcoholic beverage sales establishment. At the time, members of the City Council informally requested that the City initiate an amendment to these zoning code provisions since they have had the effect of restricting the establishment of supermarkets and larger retail stores which sell alcoholic beverages for off-site consumption. Many supermarkets within the community are located immediately adjacent to and within 100 feet of residential properties and/or within 300 feet of another existing off-site sales establishment such as liquor stores and delicatessens. Ordinance 1101 adopted in 1992 provided the exemption for larger supermarkets and retail stores (stores over 15,000 square feet) which include alcoholic beverage sales as accessory to the retail sales of the store. The size requirement of 15,000 square feet or less is consistent with the definition of a convenience store adopted as part of Ordinance 981 in 1987. On May 8, 2007, the Planning Commission held a workshop on Alcoholic Beverages Control in response to numerous requests regarding extending hours of operation for on- and off-site alcoholic beverage sales establishments. During that workshop, the Planning Commission and City staff discussed the current standards, application of the Tustin City Code including distance requirements to sensitive uses, hours of operation, other cities' requirements and policies, and the possibility of standardizing the hours of City Council Report Code Amendment 2011-05 November 1, 2011 Page 4 operation for on- and off-site alcoholic beverage sales establishements. After lenghthy deliberation, the Planning Commission at the time decided to maitain the status quo since the Commission felt that the current regulations address the community concerns and provided staff with the authority to consider hours of operation on a case by case basis. DISCUSSION Proposed Code Amendment Walgreens is a 12,560 square foot pharmacy located at 13052 Newport Avenue approved as conditionally permitted drive-through pharmacy (Conditional Use Permit 02-021). The business is open 24-hours, including the drive-through component. 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, clinic, healthcare facility, and playground) and other alcoholic beverage establishments (Bradley's Fine Wine and Spirits, Alta Dena, 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. ~~~? 'i[1~,t/•t~rcuL ~„ Sections 9232a1(a) and 9271dd(1) specify certain requirements for off-site alcoholic beverage sales establishments 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 businesses 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; City Council Report Code Amendment 2011-05 November 1, 2011 Page 5 • 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). Section 9297 defines "Convenience Store" as any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or combination thereof, are sold for off-site consumption. The proposed Code Amendment 2011-05 would lower the threshold for stores that would be exempt and stores classified as "Convenience Store" 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 and all other retail facilities with 12,000 square feet or more to be exempt from the conditional use permit and distance requirements. There were concerns that availability of alcoholic beverage products at this location may result in secondary impacts such as increased call for service. In response, the applicant provided an analysis 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 establishment of business area of 12,000 square feet 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. 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, City Council approval of the proposed code amendment would also impact the C-2, C-3 and CG Districts. Figure 1 shows the general location of these zones in the City. The City no longer has any C-3 zoned properties. City Council Report Code Amendment 2011-05 November 1, 2011 Page 6 c-~ ,~~ s~ C-2 CG ~ ~~e~.. ~~ ,~ St ~ ~r a EAain St ~ ~~ ~ LL ~~ ~ ~ ~, ~° ~'i ,,,I~ Figure 1 The proposed code amendment would also affect how the City addresses convenience stores. As mentioned, Ordinance No. 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. On one hand, this threshold exempts supermarkets, grocery stores, and large retail stores alcoholic beverages sales regulations; and the other hand, it provides a due process and review of a Conditional Use Permit on a case by case basis for covenience stores. Staff research of existing supermarkets, groceries stores, large retail stores such as Ralphs, Vons, Stater Bros., R-Ranch Market, Sprouts, CVS, Rite Aid, etc. in the City, reveals an average of at least 20,000 square feet with only one store (Trader Joe's) at 15,120 square feet. This is generally smaller than the industry profile for supermarkets in which the average nationwide is 40,000 square feet. Therefore, the 15,000 square feet threshold established in 1992 appears to be consistent with supermarkets inventory within the City. The City Council may note that the Planning Commission recently approved a Conditional Use Permit for an approximately 2,900 square feet 7-Eleven convenience City Council Report Code Amendment 2011-05 November 1, 2011 Page 7 store to locate along Newport Avenue. 7-Eleven has indicated their interest in selling alcoholic beverages in their new store and has stated their desire to apply for a Code Amendment in the future to accommodate such sales. This would require a similar code amendment and would perhaps further lower the threshold to 2,900 square feet. Public Convenience and Necessity 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). 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. Figure 2 City Council Report Code Amendment 2011-05 November 1, 2011 Page 8 The applicant 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 area that is considered to be overconcentrated with existing alcoholic beverage sales establishments or result in or add to an undue concentration of licenses. In general, "undue concentration" means that the area has any of the following conditions: • Located within a crime reporting district that has a 20 percent greater number of reported crimes (yearly compilation by Police Department of reported offenses of criminal homicide, forcible rape, roberry, aggravated assault ,burglary, theft, etc.) than average number of reported crimes within the City. • The ratio of off-sale retail licences to population in the census tract in which the applicant premises is located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises is located. Walgreens is located within Census Tract 755.6 which has five (5) off-sales retail licenses with 3,437 population. Orange County has 1,833 off-sales retail licenses with 3,010,232 population. Accordingly, Wallgreens is located within a census tract that has higher ratio of off-sale retail licenses to population (0.15) than the the County's off-sale retail linceses to population in the County (0.06). With respect to crime statistics, the Police Department has provided input in this regard and is summarized in Police Deparment Input section of this report. Notwithstanding with the above, ABC may issue a license if the City determines that public convenience or necessity would be served by the issuance of alcoholic beverages license. If the City does not make a determination, then the ABC may issue the license if the applicant shows that public convenience or necessity would be served by the issuance. Police Department Input The City's Police Department has reviewed the proposal and has 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 (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 a code amendment and Finding of Public Convenience and Necessity due to concerns of saturation and crime (Attachment D). City Council Report Code Amendment 2011-05 November 1, 2011 Page 9 Redevelopment Agency 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. FINDINGS Pursuant to Tustin City Code Section 9295f, the Planning Commission conducted a public hearing on October 11, 2011. The Planning Commission's minutes and Resolution are attached hereto as Attachment E. This report and Attachments A through E constitute and include a list of persons who testified and/or reported at the hearing, a summary of the facts and findings, copies of data and/or documentary evidence submitted in connection with the proposed amendment. The Planning Commission found that a decision to deny this request may be supported by the following findings: 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. Over the years the City adopted Ordinance Nos. 912, 920, 981, 1101, 1161, 1230, and 1237 for regulating alcoholic sales establishments. 3. 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. City Council Report Code Amendment 2011-05 November 1, 2011 Page 10 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. Elizabeth A. Binsack 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. Planning Commission Resolution No. 4184 and Draft Minutes of Planning Commission Meeting of October 18, 2011 F. City Council Resolution No. 11-78 • ATTACHMENT A ALCOHOLIC BEVERAGE SALES ORDINANCES: 912, 920, 981, 1101, 1161, 1230, 1237 • ,r II ,~'~ /'1 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 26 271 28 ORDINANCE 912 AN INTERIM URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A MORATORIUM UPON TAE ISSUANCE OF PERMITS FOR OFF SALE LIQUOR STORES IN THE CITY OF TUSTIN. 1. The City Council hereby finds and determines as follows: A. In order to protect the public safety, health and welfare, it is necessary that an interim ordinance be adopted as an urgency measure establishing a moratorium on the issuance of permits for off-sale liquor stores in the City of Tustin and deleting off-sale liquor stores as a permitted use during such moratorium. B. The issuance of permits for off-sale liquor stores in the City of Tustin would be in conflict with contemplated zoning proposal which the City Council, the Planning Commission and the Comm u ity Development Department are considering a studying and intend to study and consider for reasonable period of time, to-wit approximately four (4) months. C. The adoption of this interim ordinance as an urgency measure is necessary to prevent the con- struction of any new off-sale liquor stores and the commencement of use of any new off-sale liquor stores pending completion of such study. D. Testimony at regular meetings of the City Couniil held on May 7, 1984 and May 21, 1984 and the comments of the City Council in reference to this subject are incorporated herein by this reference. NOW, THEREFORE, the City Council of the City of Tustin, California does hereby ordain as follows: Section 1: Liquor stores for off-sale and on-sale are prohibited uses in all zoning districts of the City. Section 2: The provisions of Tustin City Code Sections 9232 a 1 (s) and 9235 b 2 (s) are suspended during the time in which this ordinance is in effect. Section 3: No permits shall be issued by staff or th~ Planning Commission for a new liquor store use during the time in which this ordinance is in effect. This ordinance 1 .. - -~ ii • ~J 1 2 3 4 5 6 7 8 9 10 11 12 13 ~, 14 i 15 I 16 I 17 18 19 20 ~ 21 i ~~ 22; 23 24 25 26 27 28 does not prohibit the transfer of existing licenses for liquor stores presently existing and in operation in the City, provided, that no change in the building or facilities is to occur as a result of the change. Section 4: Liquor stores shall be deemed to include all retail establishments which sell alcoholic beverages either as its principal merchandise or as incidental sales to other products. 'I This ordinance is adopted as an urgency measure pursuant to California Government Code Section 65858 and upon approval of a four-fifths (4/5th) vote of the City Council shall take effect immediately upon adoption and shall remain in force and effect for a period of forty-five (45) days from date of adoption. After notice pursuant to Government Code Section 65856 and public hearing, the legislative body may extend such interim ordinance. PASSED AND ADOPTED at a regular meeting of the City Coun- cil of the City of Tustin, California, held this 4th day of June, 1984. MAYOR ATTEST: ~: ~ C Y CLER JGR:se:D:S/10/84(67) JGR:se:R:5/16/84 TLW:se:R:6/1/84 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 iterim urgency measure by the following vote: AYES COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Saltarelli NOES COUNCILPERSONS: Greinke ABSENT: COUNCILPERSONS: None PUBLISH TUSTIN NEWS: June 14, 1984 • y 1 e r. City of Tustin, al i forni • • • ` II ~ --~ • • 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 ROUNK[ 8 WOOOIIU/- ATTO~Ntrs Ar ~Aw SANTA ANA ORDINANCE N0. 920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT N0. 84-3 THEREBY AMENDING SECTIONS 9232b(p), 9233c(v), 9234c(10), 9235c(dd), 9242b(g) AND 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE TAE ISSUANCE OF A CONDITIONAL USE PERMIT FOR ANY BUSINESS WHICH SELLS ALCOHOLIC BEVERAGES WHEREAS, on September 17, 1984, the City Council directed the City Attorney to prepare an ordinance requiring Ithe granting of a conditional use permit before alcoholic beverages can be sold by any business located within the City of Tustin. NOW, THEREFORE, the City Council of the City of Tustin, California, does ordain as follows: Section ~.: Section 9232b(p) of the Tustin Municipal Code, is amended as follows: "A. 'Liquor Stores (including 'On-Sales') is deleted as a conditionally permitted use. B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit." section ~.: Section 9233c (v) of the Tustin Municipal Code is amended as follows: "A. 'Liquor Stores (including 'On-Sales'}' is deleted as a conditionally permitted use. B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit". S~ctiop s.: Section 9234c(10) of the Tustin Municipal Code is amended as follows: "'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit". Section 4,: Section 9235c(dd) of the Tustin Municipal Code is amended as follows: "A. 'Liquor Stores (Including 'On-Sales')' is deleted as a conditionally permitted use. B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit." 1 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 Rouww[ 8 Wooowu r- I ATTOIIN[T• AT LAW BAMTA ANA Section ,~: Section 9242b(g) of the Tustin Municipal Code is amended as follows: "'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit . " Section ~: Section 929? of the Tustin Municipal Code is amended to add the following definition, integrated in alphabetical order, to read as follows: "'Alcoholic Beverage Sales Establishment' means any establishment where an alcoholic beverage is sold, including, but not limited to, liquor stores, bars, lounges, restaurants, markets, mini-marts, gas stations, drive-in dairies, bakeries and florists." PASSED AND ADOPTED by the City Council of the City of Tustin, California, this 19th day of November , 1984 . Mayor ATTEST: ~ ~ C' Clerk ~JGR:SA:pj:D:10/02/84(2) 2 C~ 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, Saltarelli NOES COUNCILPERSONS: None • ABSENT: COUNCILPERSONS: Greinke SUMMARY PUBLISHED IN TUSTIN NEWS: November 15, 1984 November 29, 1984 MARY E. WYNN, ity C1 __ City of Tustin, Californfia • ... <~ „ t ,app ~,~ j•~•, ~. * ~ .. ~~r'%> dry ~ss,~a'~ ~ {;,t, ~. ,. ~ i ~;:~• :~ ~,~ ',i • :. ~. , ~~Y ~:, ~f i,S iS.fN• ~r, ~ ~ :„ ;: yy~'',,s ~~'tYr•~:ilKt, •,F'~ ~.~ ;f' i .. 1(1 11 12 13 14 15 1G 1? 18 19 20 21 22 23 24 25 26 27 2R • ORDINANCE N0. 981 ,;~I it AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ~ CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT N0. 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 CONY~NIENCE ~ STORES ANO ESTABLISHING DISTANCE STANDARDS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS, NHEREAS. on the City Council of the City of Tustin, California, oes or a n as o ow s: Section 1: Section 9232 D. 1s, amended to add the following: 9232 b. (u). Convenience stores. Section 2: Section 9232 b (p) is amended as follows:. 9232 D (p). Alcoholic beverage sales establishments sub,~ect 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. 1 - 600 feet from any church. public or private school. playground. `J or hospital. Section 3: Section 9233 c. is amended W add the following: 9233 c. (aa). Convenience stores. Sectlon•4: Section 9233 c (v) is amended to read as follows: 9233 c. (v) Alcoholic beverage sales establishments suti~ect to the following criteria: Off-site sales establishments shall be located a ~e/nimun distance of: - 100 feet from any residentially zoned or used properties. - 300 feet froa~ 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 sates establishments suDlect to the ~ ~` to113w1ng criteria: Off-site sales establishments shall be located a minimum dl stance of: - 100 feet fro~a any residentially zoned or used properties. - 300 feet tro~n any other existing oft-site sales establishment. • i i• I• f... .. ,, ,:. r t; 2 3 4 5 6 8 9 lU 11 12 ;; ]3 ` : ~ : , '~^~' ~~'~' 14 .. 1. . ~;• .. ...' ~:r'': ~` .. 17 18 19 2U 21 22 23 24' 26 27 .. ,.28I I Ordinance No. 981 page two - 600 feet from any church, public or private school. playground or hospital. Section 7: Section 9235 c. 1s amended to add the following: 9235 c (f t) Convenience stores. Section 8: Section 9235 c (dd) is amended as follows: 9235 c. (dd) Alcoholic beverage sales establishments subJect to the • following crfterla: Otf-site sales establishments shell be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing oft-site sales establishment. - 600 feet from arty church, public or private school. playground or hospital. Section 9: Section 9242 b. is amended to add the foilowing: 9242 b. (f ). Convenience stores. Section l0: 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 froze any other existing off-site sales establishments. - 600 feet fros any church, public or private school, playground or hospital. Section 11: Section 9272 of the Tustin Municipal Code 1s amended to add the following definition, integrated 1n alphabetical order, to rend 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 Ctty of Tustin. California, held on the 4th day of _T_ May .1987. ;~.• Mayor . Attest: ~~ ~ ~ City Cler ;- I'~..• '• ;:.' . • '~F .'. ~.. . _. ~..tr_ - . ,.. ~ ` ~ 7` t STATE OF CALIFORNIA ) •' ' COUNTY OF ORANGE ) SS CITY OF TUSTIM ) • ~ -l ~. • • MARY E. WYNN~ City Clerk and ex-ofticlo 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. 981 was duly and regularly Introduced and read at a regular meeting of Lhe City Counc 1 held on the 20th day of r11 1987 and was given its second reading and duly passed and ado~d at a regu ar meet ng held on the 4th day of May. 1987. by the following vote: - AYES COUNCILPERSONS: Edgar. Kennedy. Hoesterey. Prescott NOES • COUNC[LPERSONS: None ABSENT: COUNCILPERSONS: Kelly y e City of Tustin. Calttornla PUBLISHED IN TUSTIN HEMS: May 14. 1987 . t ~ :.-• ,.~'~'~.r~K!=.~ A'4 ~;~~'; .. s" .ti_a•.:tt. li.~ ; t r ~'`.1 'f ~ .. .. r ~'r 1 ORDINANCE NO. 1101 2 AN ORDINANCE OF THE CITY coIINCIL OF THE CITY OF T08TI ~ 3 CAI,IBORNIA, AKENDINd BPBCIFIED SECTIONS IN THS COI~IERCIAL AND iNDDBTRiAL DISTRICTS FOR PF-B-BITE oAI,COHOLICT BgpERAdE OBAL88 4 xODIFY REQDIRExBNT ESTABLISHMENTS (CA92-007) 5 The City Council of the City of Tustin finds and determines as G follows: ~ A, The Zoning Code was adopted to identify specific land uses and standards of 8 development to occur within certain .Zoning Districts; and 9 B. It has been determined that there is a Curren lU and future need for supermarkets and large retail establishments which provide the sale of alcoholic beverages as part of their 11 business but can not be established due o 12 current limitations and regulations related to mind sesiwithin the commercial and industrial 13 la districts; and 14 C. The amendment is in the best interest of t e 15 public health, safety and welfare in that it wil]. still maintain minimum distance 1G requirements between certain land uses and project discretion for small off-site 17 alcoholic beverage sales establishments and convenience markets as currently provided by 1FI the Code; and 19 D. The amendment is consistent with the General Plan in that it will not negatively impact the 20 orderly growth and development of the commercial or industrial districts of the ~lI City. 22I NOW, THEREFORE, the City Council of the City Council of I the City of Tustin DOES HEREBY ORDAIN as follows: 23 ~P~rion 1. Article 9, Chapter 2, Part 9 of the Tustin 24 City Code is hereby amended as follows: `l~ I 2G1 27 28 1 2 3 4 5 G 7 8 9 10 ll 12 13 14 15 1G 17 ] ~i ~ i 1~ I 2(~,I ~~ i 2] ~{ I: 2~ ~ I 2~ I 24 ZJ 2G '' 27 23 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: B. C. 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: "(dd} 'og~-site. _al~oholic, beverage sa1Qs .: _ :, . ~e~cat~d within a bui.ldix~g,~ end .' 'and.:: - where the' Etl~coha aqe sales area '~rithsn "the t3.ng ~ occupies no tnox'e; ;than , 3Q sit' of .the gross ~.lpc~.a. a~~" ~ D. Subsection 9242a entitled "Permitted Uses" is amended to add subsection (d) to read as follows: "(d~) . off~ste a3.coholic beverage ;steles' located within a building -and pe~aitted bus~:i~ss, L~,'~-~'`~6d~/~~.~.~1$t ~-~ ~ ~Q~ SC~$~Qzyy~$Prr~aQJt~$t'S_ ~:~:~„~,~ a ~ .and . < xhere~ K .~'~ ~~ a1. , ,~ f Lk~ ,'`~~e ~~a~.es area wJ.~~},:ni~ #t0~~~q ctc:~~ rio more than 1.d`s p~e~;cen~ Qi,.<the dross;;>_~1~rwr areal' Subsection 9234a entitled "Permitted Uses" is amended to add subsection (6) to read as follows: ;~, 1 i 2; I 3 ~' 4 5~ G 7 8 ~I lol 11 1Z 13~II • 14~ l5; lf~ 17I lfil ', i 1~)I~ • 2Uil i 2l~ 22i; I 23• 24 ~ I i~ 25 '! I~ 26 ~ I 27 Z~~ Ordinance No. 1101 Page 3 E. Subsection 9232b (p) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: ....~..~.., ...~.,~......~o Off-site e~~es alcohol bev~rage_ saJ.es located in a ' b~tS.ld~.ng and permitted business with less than 15,O~tl square feet of gloss f I.aor area, or' where the ogf-site alcoholic beverage sales area within the building occupies more than ~.o percettt of the gross f3.aor area, shall be located a minimum distance of ,: .. 100 feet from any residentially zoned or used property. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital." F. Subsection 9233c(v) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site ~~es -~~`~, ~ ~'~-~"-'"' alcaho2ic be~terage; saes located in a laulding and permitted business '~ritk~ less than 15, tlOE? square feet o~ gross Agar area, ar where the off--site alcoholic beverage sales area within the building occupies mare than lQ percent df the" gross floor area, shall be located a minimum distance of: 100 feet from any residentially zoned or used property. ~, 300 feet from any other existing off-site sales establishment. ~ 600 feet from any church, public or private school, playground or hospital." G. Subsection 9234c(10) is amended to read as follows: "Alcoholic beverage sales establishments ' subject to the following criteria: 1 2 3 4 Ji fi 7 8 9 10 11~ 121 131 141 15; i 1(.i 17 1R1 1~J~~ 2UI~ 2l ~~ 22 23'. 24~ 25~ 26 I 271 2~3 Ordinance No. 1101 Page 4 Off-site ewes es~a-H~Re~s alccho23c beverage sales lr~cated in a ba~3:ldircg and p~rmitt~d busl.t~ess ~ti.th ` less than '1.5, DQE square feet og grose'~loor:'area, ar where;the~ off-cite' aloaholfc b~vera~e sa~~~ ~~ea o~ithir~ the building 'occupi.es `.mare` than i0 percent ``4f the g~~oss floor ' aze~i, shal 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." H. Subsection 9235c(dd) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site ewes eta-l~~~e~ alcoholic beverage,; sa1e~ located in a bul.lding and permitted business. with ' less th2tn 3.5,'f?OD square feet of grass floor area, or where the off-site'alcohoiic beverage sales .area within the' buildincl oceupiea more than 10' percent o.f the grass flbar area, shall be located a minimum distance of: 100 feet from any residentially zoned or used property. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital." Z. Subsection 9242b(g) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site saes esza-bane-arts alcnhokic beverage safes located #.n a> bu3.ding aired permitted business With less than '-i5,00t3 square feet bf grbSS flood area, or where the off-s~.te alcoholic beverage Sales a~ea,~ithin the building bccupies_mare than lt~:pezcent of the gross f~oox area, shall be located a minimum distance of: i 1~ 2 3 4 Ji G • • i 8 9 10 11 12 13 14 15 1G li 18 1J 20 `?1 2~~ 23~I i~ 24' ~ ~~ 25 ~ 2GI~ 27 ~ 28 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. 7~ZC1'~ LES IE ANNE PONTIOUS Mayor ~Yl ~ . ~ MARY W N City C1 rk 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. nn, C 1101.df Cler * at the November 2, 1992 regular meeting i of the City Council, and 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 26 271 281 ~~. ORDINANCE NO. 1161 AN ORDINANCE OF THE CITY COUNCIL OF THS CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIA,I, AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS (C.A.95-003). The City Council of the City of Tustin finds and determines as follows: A. The Zoning Code was adopted to identify specific land uses and standards of development to occur within certain Zoning Districts; and B. The amendment is in the best interest of the public health, safety and welfare in that it will establish greater minimum distance requirements between certain land uses and on-site and off-site alcoholic beverage sales establishments. • C. On-site sales establishments, excluding restaurant establishments, are not adequately regulated by the Zoning Code for minimum distances between similar establishments and certain land uses. D. It has been determined that the current regulations are • inadequate for calculating distance separations between on-site and off-site alcohol beverage sales establishments and certain land uses. E. The amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the commercial or industrial districts of the City. NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: Section 1. The following provisions are hereby adopted as interim regulations for alcoholic beverage sales establishments: A. Subsection 9232b (p) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area, and permitted businesses with more than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following - minimum distance regulations: (1) 300 feet from any residentially zoned or used property. ~'\ I . •_ 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 • Ordinance No. 1161 Page 2 500 feet from establishment. any other existing off-site sales 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (2) Minimum distances between off-site sale establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health .care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses, whether inside or outside the City boundaries. (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment except for restaurant establishments whether inside or outside the City boundaries, shall be computed by measuring the distance between the closest exterior structural walls of each use. On-site alcoholic beverage sales establishments except for restaurant establishments subject to the following minimum distance regulations: (1) 1, 000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except for restaurant establishments or off-site sales establishments. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. (2) Minimum distances between on-site sale establishments except for restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the 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 27 28 ~~ /'\ Ordinance No. 1161 Page 3 1 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 feet from 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. /~ Ordinance No. 1161` Page 4 1 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 S 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 establishments whether 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, 25I 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 1 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: 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 • • ~-~ ~~ 1 Ordinance No. 1161 Page 6 2 3 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 4 percent of the gross floor area, subject to the following minimum distance of regulations: 5 (1) 300 feet from any residentially zoned or used property. 6 500 feet from any existing off-site sales establishment 7 . 600 feet from any church, place of worship, public or 8 private school, park, playground, clinic, hospital, health care facility or convalescent home. 9 600 feet from existing on-site sales establishments, 10 except restaurant establishments. 11 (2) Minimum distances between off-site sale establishments and; residentially zoned or used property, churches, 12 places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities 13 and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for 14 public/customer access of the off-site establishment to • the property line of any of the above uses whether inside 15 or outside the city boundaries. 16 (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment 17 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 18 the distance between the closest exterior structural walls of each use. 19 On-site alcoholic beverage sales establishments except 20 restaurant establishments subject to the following minimum distance regulations: 21 (1) 1, 000 feet from any residentially zoned or used property. 22 1,000 feet from any other existing on-site except 23 restaurant establishments or off-site sales establishments. 24 1,000 feet from any church, place of worship, public or 25 private school, park, playground, clinic, hospital, health care facility or convalescent home. 26 (2) Minimum distances between on-site sale establishments 27 • except for restaurant establishments and; residentially zoned or used property, churches, places of worshi 28~ p public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the 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 7 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 and ,another off-site or on-site except restaurant establishments outside City boundaries shall be c the distance between the closest walls of each use. ~~ sales establishments sales establishment whether inside or :omputed by measuring exterior structural E. Subsection 9242b(g) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: (1) 300 feet from any residentially zoned or used property. 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (2) Minimum distances between off-site sale establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (3) Minimum distances between off-site and another off-site or on-site except restaurant establishments outside City boundaries shall be c the distance between the closest walls of each use. C~ sales establishment sales establishment whether inside or omputed by measuring • exterior structural •_ 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 and another off-site or on-site except restaurant establishments outside City boundaries shall be < the distance between the closest walls of each use. sales establishments sales establishment whether inside or computed by measuring exterior structural 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 P ELA STOKER City Clerk ~1, STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1161 ,~~ City of Tustin ORDINANCE CERTIFICATION SS 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 CODS 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 with 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 r~ Ordinance No. 1161 Page 2 500 feet from establishment. !~~ any other existing off-site sales 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (2) Minimum distances between off-site sale establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health .care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses, whether inside or outside the City boundaries. • (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment except for restaurant establishments whether inside or • outside the City boundaries, shall be computed by measuring the distance between the closest exterior structural walls of each use. On-site alcoholic beverage sales establishments except for restaurant establishments subject to the following minimum distance regulations: (1) 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except for restaurant establishments or off-site sales establishments. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. (2) Minimum distances between on-site sale establishments except for restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the 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 1 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 feet from 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. • • / \ /~ Ordinance No. 1161 Page 4 1 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 establishments whether 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 ~1, ~~ Ordinance No. 1161 Page 5 1 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: • 28 Off-site alcoholic beverage sales located in a buildin and 9 permitted business with less than 15,000 square feet of gross floor area, and permitted businesses with more than 15,000 ~~ ~~ Ordinance No. 1161 Page 6 1 2 3 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than l0 4 percent of the gross floor area, subject to the following minimum distance of regulations: 5 (1) 300 feet from any residentially zoned or used property. 6 500 feet from any existing off-site sales establishment. 7 600 feet from any church, place of worship, public or 8 private school, park, playground, clinic, hospital, health care facility or convalescent home. 9 600 feet from existing on-site sales establishments, 10 except restaurant establishments. 11 (2) Minimum distances between off-site sale establishments and; residentially zoned or used property, churches, 12 places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities 13 and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for 14 public/customer access of the off-site establishment to • the property line of any of the above uses whether inside 15 or outside the city boundaries. 16 (3) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment 17 except restaurant establishments whether inside or outside City boundaries shall be computed by measuring 18 the distance between the closest exterior structural walls of each use. 19 On-site alcoholic beverage sales establishments except 20 restaurant establishments subject to the following minimum distance regulations: 21 (1) 1, 000 feet from any residentially zoned or used property. 22 1,000 feet from any other existing on-site except 23 restaurant establishments or off-site sales establishments. 24 1,000 feet from any church, place of worship, public or 25 private school, park, playground, clinic, hospital, health care facility or convalescent home. 26 (2) Minimum distances between on-site sale establishments 27 except for restaurant establishments and; residentially zoned or used property, churches, places of worship, • 28i 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, playground, 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. ~~• ~\ Ordinance No. 1161 Page 8 1 2 3 On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum 4 distance regulations: 5 (1) 1, 000 feet from any residentially zoned or used property. 6 1,000 feet from any other existing on-site except restaurant establishments or off-site sales ~ establishments. S 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, 9 health care facility or convalescent home. 10 (2) Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned 11 or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, 12 health care facilities and convalescent homes shall be computed by measuring the distance from the closest 13 exterior wall of the on-site establishment to the property line of any of the above uses. 14 (3) Minimum distances between on-site sales establishments • 15 and another off-site or on-site sales establishment except restaurant establishments whether inside or 16 outside City boundaries shall be computed by measuring the distance between the closest exterior structural 17 walls of each use. 18 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 2nd day of January, 1996. 19 20 JIM POTTS 21 Mayor 22 23 P ELA ~-STOKER 24 City Clerk 25 26 27 • 28 ~~ /~ • • STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1161 City of Tustin ORDINANCE CERTIFICATION SS 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 f ive; 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 • • ORDINANCE NO. 1237 to 12 13 la is 16 17 is 19 20 zl 22 23 2a 2s 26 27 2a 29 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. ~~ z 3 a s 6 g 9 to 12 13 la • is 16 1~ la 19 zo zl zz 23 za zs 26 z~ zs • 29 Ordinance No. 1237 Page 2 of 5 D. The proposed code amendment is necessary to provide flexibility for specialty retailers while protecting and minimizing adverse affects on the public health, safety, and welfare of residents or businesses of the City, based upon the following: 1. Specialty stores would be conditionally permitted which would provide for a review of potentially adverse impacts of each proposed store. 2. As defined, "specialty stores" would be limited in size and located in multiple-tenant centers where a buffer from any nearby sensitive uses would be typically provided by parking and other commercial tenants. 3. As defined, "specialty stores" would provide unique food and beverage items and alcoholic beverages would be limited to non-refrigerated beverages and a maximum of fifteen (15) square feet of retail floor area which would minimize the availability of easily consumable beverages and reduce the likelihood of loitering or adverse behavior in the vicinity of the store. 4. As defined, "specialty stores" would have limited hours of operation, which would minimize the disruptions to nearby uses. 5. As defined, the nature, location, size, hours of operation, and amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act to minimize any potential negative impacts on nearby sensitive uses. E. The proposed amendments are consistent with the Tustin General Plan in that they comply with the following General Plan Policies: Land Use Element Policy 1.2: Provide for and encourage the development of neighborhood-serving commercial uses in areas of Tustin presently underserved by such uses. Goal 7: Promote expansion of the City's economic base 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. • t z 3 4 5 6 7 s 9 10 12 13 14 • 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 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 ~E~day of 2001. Tracy Will Orley, Mayor Pamela Stoker City Clerk • 29 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1237 SS I, 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 u ~J • • ATTACHMENT B SUBMITTED CODE AMENDMENT • f :' 4-0 TUSTIN Community Development Department • 300 Centennial Way • Tustin, CA 92780 Phone • 714.573.3140 • www.tustinca.org Development Application Form • 6u1LU1N(i ouR FUTUR! HONORING UVR PAST Project Description To amend Tustin MtLnicinal (`ode cec ionc 92 2(ah 1)(~ nd 9 71(d jl(11 to allow for retail stores of at least 12,000 square feet, where the exrstring code requires 15,000 square feet, to engage in offsite alcohol sales "by nght" as further descnbed rn the attached "Project Descnptron." Assessor's Parcel Number 500-101-13 Project Address 13052 Newport Avenue zoning District C 1 Retail Commercial Present use of Property Wal>zreens -retail commercial Proposed Use of Property same as existln¢ Existing Entitlement Affecting the Property Lot Size same aS existin¢ Building Size: Existing: 12.560 Proposed: Bartle Prowrty Owner InformaRbn Name Steven M. Brown Address 8524 Starr Road city, state, zIP Windsor_ CA 95492 Phone: 707-836-1722 Cell Phone: Fax: E-mail: AtwlluM ~formaitlon Iff dlfl6erentl Name Wal¢r company Attn: Michael Redstone. Esa Address 104 Wilmot Road Second Floor MSS 1420 City, state, ZIP Dee~eld, IL 60015 Phone: 847-315-4530 Cell Phone: Fax: E-ma(I: Name Brian Fish. Esa /Jennifer Chavez_ E company Luce Forward Hamilton & ~ ripps Address 600 West Broadway, Surte 2600 city, state, zIP San Die¢o, CA 92101 Phone: 619-236-1414 Cell Phone: Fax: 619-645-5395 E-mail: bfish(a.luce.com/ichavezna lace Office Use Only ProJedaN~o~ Q -Q S~ -ca ~.on-os CER CUP DR GPA LFD MA SCE TPM TTM VAR zc UD Other Preliminary Review Environmental: ^ Exempt ^ InRlal Study ^ Ne` Dec ^ EIR Date Received ~ ~/ Received by Fees Paid t 930 Receipt Item(ze •Coa~ OCFA SRM Store No. 7286 F '. Deslmatbn of Personlsl to whom notkes ~+ouid be ~* oursuent to Code of Chal Proce :ores 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 Email: bfish(i~luce.com/jchavez(i~luce.com ---------------------------------------------------- Name Address City, State, ZIP E-mail: Legal Description of Property (Attach a separate sheet if necessary) See attached. Suuolemental Aoolkaidon Form AttscMd IChedc if soul ~+~•- ~^ Variance/Minor Adjustment ^ Sign Code Exception ^ Alcoholic Beverage Sales Establishment ^ Shopping Cart Containment Program Stmetures snd Adknowiedcements I 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 plans, supplemental applicatlon forms, and other submission materials as specified in the informational handout provided to me by the Community Development Department has been submitted, and the (nformatlon 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 Tust(n harmless from liability and loss by reason of its reliance on any wch 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 CMrners Notarized Signature Print Name Date l/ ~t/~-- Jennifer Chavez 05/12/11 Applicant's Notarized Signature Print Name Date • Ij the sl~noture Is hY on ogtnt, notorized, writbn author~adon m 1 Jro t/K and owner must b~ oKachtd to this applloodon. Tire bnd owners and/or oymt's slynotunrs on the written outhorlsatbn oleo must b~ notoriztd r ~~ LTCE 1jUR~~1~RD 11 TORNEYS AT 1..1W ~=FUNDED 1373 ~.JC C. -'.W1L1F0. }I.1 "'~'~y L Sf ~.-poS' ~_J JENNIFER LA FOND CHAVEZ, ASSOCIATE DIRecT DIAL AND F.4x NUMBER 619.699.2537 EMAfL ADDRESS jchavez(a~luce.com May 13, 2011 VIA FEDERAL EXPRESS Ms. Edmelynne V. Huffer Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92780 :~1AY 16 2011 %OMMUNITY DEVELOPMENT DEPT Re: Walgreens/Code Amendment Application for Alcohol Sales Dear Edmelynne: 38415-7286 As we discussed previously, please accept this letter as Walgreens' request to withdraw the ~~h°n-l~~ ~-~-a-06~--autd-~~~al--fie ~~1 - i e on 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. Specitlcally, 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 squaze 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 caze facility, convalescent home or on-site sales establishment. In support of this new application, please find the following: 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). • • ,. ;i~l) :.•n uice.. um lula99szs.2 r: :;~~ L~'CE ~'OR~~U~RD • 'fTORP1EVS;1Tl..1'N FDU4DE01~373 Ms. Edmelynne V. Huffer May 13, 2011 Page 2 The other application materials, site and floor plans and a preliminazy 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 squaze feet. Consistent with CEQA Guidelines sections 15060(c)(3) and 15061(bx3), 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 heazing 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 t,t.P JLC/ Enclosures cc: Michael Redstone, Esq. • io~a~sza.z ,~ ~. Order No.: 10674b646-X59 LEGAL DESCRIPTION • TIIAT PORTION OF LOT 1 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 g8 OF MISCELLANEOUS MAPS, IiV THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT l; 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 l; 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 BEGINMNG; THENCE, ALONG SAID SOUTHWESTERLY LINE, SOUTH ~I9°18'42" 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 BOOI{ 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°OS' 18" EAST; THENCE, ALONG SAID NORTHERLY LINE AND CURVE IN A WESTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 03°25'57", 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 --_TQ _THIr ~4I~-'TI-II;.4S:T€~}~-E-0RNER -OF- PARC£~- ~ B1~SCI~EIT-IN- SAIII-DEEIS--T(~ 'ICE- 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 21°14'36", 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 21°14'36", 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 (11-17-06) Page 3 i ~' ~~~ • The Pharmacy Amerlcs Trusts ~ SnCS 7901' Corporate and Transactional Law Department LETTER OF AUTHORIZATION Walgreen Co. ("Walgreens") hereby authorizes Luce, Forward, Hamilton 8 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 Attomey STATE-OE lI.LIAIOIS` -~ - SS 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. WIT y hand and official ay of N~~, 2010. "OFFICIAL SEAL" USETTE MORENO NO7AAY PUBLIC, STATE OF ILt1N013 MY COMMISSION EXPIRES 8/282011 I in the county and state last aforesaid this Signature • REAL ESTATE LAW, 104 WILMOT ROAD, M3 1420, DEERFIELD, ILLINOIS 60015 DIRECT PHONE (847) 315-4530 DIRECT FAX (847) 315-4825 E-MAIL: Michael.Redewne~Qwalgreens.corn 1"; LIST OF STORES STORE # ADDRESS CITY Zip 5744 128 S. State College Boulevard Anaheim 92806 6726 1720 W. La Palma Avenue Anaheim 92801 6954 3446 W. Ball Road Anaheim 92804 10629 2560 W. Ball Road Anaheim 92804 7286 13052 Newport Avenue Tustin 92780 9388 10840 Katella Avenue Garden Grove 92840 11475 27714 Clinton Keith Road Murrieta 92562 10336 1538 E. Chapman Avenue Orange 928 7449 481 S. Ventura Road Oxnard 93030 10242 78218 Varner Road Palm Desert 9221 1 COUNTY Orange Orange Orange Rlversida Ventura • iouis~s.z H.~~ t U l U 09: 5 l a • .p45424263 F-~ Store No. 7286 LETTER OF ALJ'I'HORIZATION "1'he undersigned Steven M. Brown ("Property Owner") is the record owner of the real property locate at 13052 Newport Avenue, Tustin, California ("Property") and !cases said Property to Walgr ens. 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 t~wner also consents to the filing and processing of such applici~tions for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner farther authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued ifor the sale of beer and wine for off-premises consumption from the Property and to take any other action necessary to implement :tnd make effective such permits, licenses or approvals. Date: I ti '{ U ~1ll~eh STEVEN M. BROWN • D~fVIS D HFtYDEIY p .:I .. ~ • „ • •~ "~ = qua uryn 1 S D HRYDEIY (;;;, Y. 45424263 r ..; p.2 I ST~TE OF ) COUNTY OF ~ipy ) ~~ On ~ G ~ ,before cne ~;J /j appFaced ~` - - ~~ ~ ~ ~/`~ personally the ibasis of satisfactory evidence t-~e persons whose ~ who proved to me on within ~nstnuncnt and acknowledged to me that he/she/they executed)theasamebn hbs/lter/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whick~ the person(s) acted, executed the instrument. i I certify cinder PENALTY OF PERJURY under the laws of the State of ~ -'` foregoing paragraph is true and c;~rrect. that the I WITNESS my hand and official se~ajl. Sig~tature (i! Sca] ~Q ( ) MY COMMISSION EXPIRES ' APRIL 28, 2015 • r` ~ 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 3 1, 2006 and any amendments thereto, ("Property Owner") is the record owner of the real property located at 13052 Newpori Avenue, Tustin, California ("Property") and leases said Property to Walgreens. Property Owner hereby consents to Walgreens' tiling 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: ~ ~ 1 O THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 Q. ROGER A. TEVENS, Trustee Date: / Z ~ THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 © ~_ ~-° CHRISTIANE HANNA HAMMERLI, aka HANNA HAMMERLI, Trustee • 101330860.2 r STATE OF ~ j ^) ss. COUNTY OF~~ j ) On 11 I ~~ before e, CAROLYN AH~ONG appeazed ,personally the basis of sat actory evidence to be the person(s) whose name(s) is/are subscribed toethe 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 ' ~ that the foregoing paragraph is true and correct. WITNESS Signature ~ 1 (Seal) Notary Pi,~lSc St~ta of AAy c~rrunision oxplrss O Prim Nein~ - 1~~ STATE OF HCY l„`~ ~\ ) A,~ ) ss. COUNTY OF `" L~.u ~ I L~ On 1,~ ~ ~~ ,before me, CAROLYN AHEONG personally appeared • e ~ 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 0~ i that the foregoing pazagraph is true and correct. WITNESS m and an fficial sea NOTARY PUBLIC CERTIFICATION Signature (Seal) Carolyn Aheong rcond Judie Circuit Notary , Sfats d c. cription: My Com;rdsolort ax~lres la CAROLYN AHEONO ~~j • No. ages:• D to f Doc. 1 Prk~t Narn~ 1~ Notary ~ n n ets R?OTARY PUBLIC CERTIFICATION Carolyn Aheong Second Ju ial Circuit . Description: ., r 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, Forwazd, 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 TEVENS t 1013508121 STATE OF N~~~d>w ~ . ss. COUNTY OF Cla~l~ ~ On II. -q . zofo ,before me, S~trK N. (~faKo~ ~ appeared 5~4~~••.. A--sn personally 5•"~~'`s ~ 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 helsheJthey 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 tdew,-~~ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ + /~---- (Seal) s~ o N~~oA Cow~fy of Cl~rlc ~w,n~,~ SAM GIANO$ w .kn~ 10, 201 • 101350812.1 • a t` c. Store No. 7286 LETTER OF AUTHORIZATION 1 • fhe 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 Pro Walgreens. Property Owner hereby consents to Walgreens' filin and ~~' to applications, permits, licenses or other approvals required for the sale of bee rand 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: i7 t ~ ~ 2 0l v ~( ALISON STEVENS BOOTH '1 J 1 ~/~t,( ~---- --- ---- ~r y ~'~~~ ~Q~u fof ~I.P= ~~'JOi aN~~+~; RO.BT. C. AITKEN J.P. 58 Daffodil St Titirangi Phone: 817-6739 101350812.1 Hui l U l U Uy: S l a DEtVh I S D HRYDE-Y 7145424263 p. 3 Store No. 72R6 • LE i'TER OF AII'THORIZATIOi~1 "1'he undersigned Steven M. Brown ("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 appiic~tions, permits, licenses or other appro~ als required for the sale of beer and wine for off- premises consumption. Property +~wner also consents to the filing and processing of such applications for the Prolxrty by Walgreens' ~+gent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreenti, ,:n our behalf, to sign any permits, licenses or other approvals issued for the sale of beer and wine far off-premises consumption from the Property and to take any uthNr action necessary to implement :+nd make effective such permits, licenses or approvals. Date: ~~_ ti ~ 1 u ~/ _ lY" ~i11 ~ryl . __ STF,VEN M BROWN • 1 o I zos409. iii~~ I U l U 09: 50a DEfVfy I S D HFiYDEt`I 7 1 45424263 t • STATE OF ) ss. COUNTY OF D-~-y __) On . ib G hefore lne _ . ~~,"-~a~ ~~ l~'r~n _ ,personally appeared ,[~~ ~1~~ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose -tame(s) is/aze subscribed to the within instrumcnt and acknowled;~ed to me inat he/she/they executed the same in his/her/their a«thorircd capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whic}~ the person(s) <-cted, executed the instrumcnt. ? •_e:-t~fy _mder PF.NAL•]'Y O}~ P!?RJL'RY wader the laws of the State of ~' that the i~~regoing paragraph is true and ~ ?riz~i. WITNESS my hand and official se:/~(. Signature _ - G / ----- (Sea]) MY COMMISSION EXPIRES APRIL 28, 2015 t -- 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. C~ Date: (~ t O THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 Vl. ROGER A. TEVENS, Trustee Date: ~ THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2006 ~~ ~_ ~~~ CHRISTIANE HANNA HAMMERLI, aka HANNA HAMMERLI, Trustee r~ 101330860.2 • STATE OF L,~~Q ~ - ) ss. COUNTY OF '1 `r 1;Q11~1 ) On 11 ~ ,before e, CAROLYN AH~Ct`i3 a eared ,personally PP e. ,who proved to me on the basis of sat actory 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 ~o S ~'t ~t that the foregoing paragraph is true and correct. WITNESS ma/hand and~bfficial Signature ~ ~ Seal VOTARY PUBLIC CERTIFICATION ( ) C3MiVr Aheong Second Ju iai Circuit Notary R;SSr.. S~+.a of C I'~e~scnuUon: My ccmm::.;ion e~;~ira,^. O ~ •~ Print Na~si ~S -- STATE OF ~C! l.`~ ~\ ) A,{ > ss. COUNTY OF `" ~,p~u ~ ) L~ On ~~ ~ ~l ,before me, GAROLYN AHEONG personally appeared a ~~ Qom, p(~Q, j ,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 ~ ~o•t ~ that the foregoing paragraph is true and correct. WITNESS myr~and andi6fficial Signature Notary PuSflc. State d • My ccm~nicsion cx;,ires ~~c~~,r,31~o la, CAROLYN AHEONO Print tJa~no NOTARY PUBLIC CERTIFICATION (Seal) Carolyn. Aheong econd Jud~c a1,Circuit Qoc. cripUon:~ ~~ • No. ages: D to f Doc. It t~ 4 Nntery 9 n rs ate i 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 J F TEVENS __ t • 101350812.1 ,: ,, • STATE OF N~~a~d~ ~ ss. COUNTY OF Clatr~ ) On I1. 1q . Zoo ,before me, 571m N- Gt~~n~ ~ ~ personally appeared S~ ~F~.w A1~sn S~~~er~s ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze 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 instnunent 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 ~le~~~ that the foregoing pazagraph is true and correct. WITNESS my hand and official seal. NOTARY PUBLIC Signature ~~" (Seal) STATE OF NEVADA c«,~,ty of clnk ~eFrom-~ SAM GIANOS trr-~nt ExpkM .hx» 10, Y01 • 101350812.1 Store Nu. 7286 LETTER OF AUTHORIZATION Tl~e 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 tl~e sale of beer and wine fur off- premises cunsutmption. Property Owner also consents to tl~e 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 ot~F premises consumption from the Property and to take any other action necessary to implement and make effective such permits, licenses or approvals. Date: ~ 2 I v ALISON STEVENS BOOTH Vt~~f iUy / ~~ ~ ~ ~ - I. r' f ;. ~;~ ~, ,~ ROBT. C. AITKEN J.P. 58 Daffodil St Titirangi Phone: 817-6739 • • t ~~~ The Pharmacy Atnerlca Trusts • Since 1901' Corporate and Transactional Law Department LETTER OF AUTHORIZATION Walgreen Co. ("Walgreens") hereby authorizes Luce, Forward, Hamilton 8~ 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 ident~ed 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 Attomey 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. ~~~ WIT~y hand and official day of ~ , 2010. "OFFICIAL SEAL" USETTE MORENO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 828/2011 I in the county and state last aforesaid this ~-4M (lhVilu~ Signature • REAL ESTATE LAW, 104 WILMOT ROAD, MS 1420, DEERFIELD, ILLINOIS 60015 DIRECT PHONE (847) 315-4530 DIRECT FAX (847) 315-4825 E-MAIL: Michael.Redatone®walgreens.com 6 r • LIST OF STO1tES 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. Ball Road Anaheim 92804 Orange 10629 2560 W. Ball Road Anaheim 92804 Ornnge 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 9221 I Riverside • ioizise9s.z r • Project Description for t Store No. 7286 Walgreens CUP for Beer and Wine Sales Walgreens currently operates a 12,560 squaze 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 azea 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 Alcoholic 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. t f; >turc 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 otfsite consumption must obtain a CUP and the store cannot be within 500-feet of other establishments that already sell 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 beverages a__ ~ _r~~_b~~~_~_~e~~___ 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 large 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. 1. General retail businesses, exemplified by the following list, when conducted within a building: • i o i soo67s.2 ~ ` a~ Store No. 7286 • (a) Alcoholic beverage sales (off-site) located within a building and permitted business with at least ~-r,A99 12,000 squaze 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-I) 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 ~1-~A99 12,000 square feet of gross toor area, and permitted businesses with more than ~3;9AA 12,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent ofthe 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, pazk, 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 worshipz ublic or rivate sc o~1s~Rarks~p~y 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 • i o i soob7s.z -, ~ ~ } ~,' -t. ~ . , '~ ~ ~: Rif ~ T 1. ~,~,. ~, J~.. ~ it ~ [ ~~ ;.w _ .~.h,~ 1~ ~~ .: - ~rw Y. 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'. :~ 4w ~ CKa t+3t ^C. r~ 1 ,~ 3~• h r ~ . ~ ..t • ~o~ Fps ail ~ s t ~~ 3 •y ~- ~. ~a (~ r~ u~ y T~~ V1 H~ r H ~V ~~ .~ ., ~. .~ ,, ~,. r .it cp f•r i • ~~" r ~~ f;- r _ ~~ f . ~,._ . .,. ~.~a c. ~ 'R r • A . °~'~~_ i !.Rw 1' -~ H ~ ~ ~ ~ ~ ~ ~ ~ H ~~ hJ s~ . . y juQ f ---- LUCE FORWARD F~r.,:e- ~~,:..~~~~ .. ,~~~~.. ., JENNIFER LA FOND CHAVE!., ASSOCIATE DIREC-r DIAL AND FAX NUMBER 619.699.2537 EMAIL ADDRESS jchavez rr,lucc.com October 10, 2011 38415-7286 V[A E-MAIL Tustin Planning Commission City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 Re: Walgreens/Code Amendment 2011-OS Dear Chairman Thompson and Planning Commissioners: This letter is submitted in support of Walgreens' application for Code Amendment 2011-05, which would permit retailers in stores of at least 12,000 square feet to sell alcohol on the same terms as the City presently allows stores greater than 15,000 square feet. As further described below, the proposed Code Amendment is narrow, consistent the intent of existing ordinances, will facilitate economic vitality and will not materially alter the character or land uses within the City or adversely impact police resources or the community in general. As such, Walgreens requests that the Planning Commission reject Staff's recommendation for denial of Code Amendment 201 1-OS and instead support approval of the same. Description of the Code Amendment The City's current Zoning Ordinance allows "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 conditional use permit. However, a conditional use permit is not available under the Zoning Code if a store happens to be within 300-feet of a residence, 500-feet of other establishments that already sell 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. To address concerns raised in the Staff Report, Walgreens proposes that the Planning Commission recommend that the City Council adopt a slightly modified version of the proposed Code Amendment. As reflected in Attachment No. 1 hereto, in the language in bold, the Code Amendment now responds to the Staff Report comment regarding the definition of "convenience store" and the need for a finding of public convenience or necessity. The modification clarifies that stores greater than 12,000 square feet are not a "convenience store" and that a finding of SAN DIEGO SAN FRANCISCO LOS ANGELES CARMEL VALLEVIDEL MAR ORANGE COUNTY RANCHO SANTA FE LUCE FORWARD F:..,..~, ,,.:,., ~...; . Tustin Planning Commission October 10, 201 1 Page 2 public convenience or necessity must be made for stores that qualify for the 12,000 square foot exemption. Reason for the Code Amendment Walgreens is the nation's largest drug store chain. Unlike many other national retailers, Walgreens takes special care to design its buildings to fit each individual lot where it locates a store. As a result, while Walgreens has many stores of 15,000 square feet or larger, a significant percentage of its stores are in the 12,000 - 15,000 square foot range as well. The store at 13052 Newport Avenue in Tustin, which is approximately 12,560 square feet, is a perfect example of how Walgreens fits a store to the site. Unfortunately, the City's existing Zoning Code punishes Walgreens and other national retailers like it for their willingness to be flexible. There is absolutely no substantive difference in the quality of the operations, the nature of the product offerings or any other relevant matters between a store like the one on Newport Avenue and one of Walgreens' 15,000 square foot store. Despite this undisputable fact, the Zoning Code arbitrarily prohibits Walgreens from selling beer and wine in Tustin because the store happens to be 560-feet away from Grace Harbor Church and School and within 500-feet of other alcohol outlets. The existing Zoning Code also puts Walgreens at a competitive disadvantage as compared to, for example, the CVS located down the street that already sells alcohol. Indeed, Walgreens is proposing to sell alcohol in Tustin (and throughout California) in order to meet the strong customer demand for the convenience of "one stop shopping." This demand in Tustin is demonstrated by the fact more than a thousand people have signed petitions in support of Walgreens' proposed Code Amendment. A copy of those petitions is enclosed herewith as Attachment No. 2. Anecdotal evidence indicates that customers move on to other stores where they can take care of all their shopping needs in one trip. In fact, it is not unusual for customers to fill up a shopping cart with various goods, and then abandon that cart in the middle of an aisle upon learning that they will not be purchase asix-pack of beer in their shopping trip. The public expects and demands Walgreens to provide the same types of products as other national retailers. Selling beer and wine will help Walgreens remain competitive with companies like CVS and Rite Aid (and Target) that are already selling alcohol in Tustin. In these tough economic times, offering a diversified product line is essential to success and Walgreens' ability to maintain its 41 full time and part time jobs. Further, and although the impetus for this change is the Walgreens store, the 15,000 square foot threshold also hinders other well capitalized, reputable, national retailers. This is particularly LUCE FORWARD Tustin Planning Commission October 10, 201 1 Page 3 true in built out areas of a community where many national retailers are now considering in-fill development projects. Just by way of observation, retailers such as Fresh & Easy and Trader Joe's also occupy retail spaces within the 12,000-15,000 square foot. The Code Amendment is Consistent With the Existing Ordinance Walgreens' proposed Code Amendment is consistent with the spirit and intent of the existing exemption from conditional use permit and separation distance requirements for stores greater than 15,000 square feet. The City adopted Ordinance No. 1101 in 1992 creating this 15,000 exemption 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 beverages as part of their business but cannot be established due to current limitations and regulations related to minimum distance requirements between certain land uses within the commercial and industrial districts." Walgreens is exactly the kind of retailer that the City intended to aid by adoption of Ordinance No. 1101it is a large retail establishment that provides the sale of alcoholic beverages as part of its business but it cannot do so due to the current regulations. The Code Amendment Will Not Adversely Impact the Community As noted in the Staff Report, research based on information provided to us by City Staff indicates that only 2 existing retailers within the City may benefit if the Code Amendment is approved: Walgreens and Critical Care Systems (a medical supply business occupying a 12,267 square foot space). Staff argues that the true Citywide impact of the Code Amendment is unknown because of the potential for new construction or tenant improvements that expand to a size of 12,000 square feet or more. (Staff Report, p. 6.) As Staff acknowledges, that potential cannot be analyzed and predicted. It is important to note, however, that City regulations already allow a retailer to sell alcohol by right by constructing a building, or performing tenant improvements to create a 15,000 square foot space. There is simply no support for City Staff s assertion that adverse impacts will suddenly develop because the threshold drops to 12,000 as proposed by the Code Amendment. The proposed 12,000 square foot threshold is also 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. Walgreens, like other similarly sized and situated retailers, will take measures to ensure that alcoholic beverages will LvcE FoR~~~ ~.. Tustin Planning Commission October 10, 201 1 Page 4 be sold in a highly responsible and conscientious manner as part of standard business operations. With respect to Walgreens, these policies and procedures include procedures such as: • Employees at each store must undergo training prior to beer and wine being made available for sale at the store and annuall thereafter. The training program focuses on recognizing and preventing sales of alcohol that may be detrimental to the public welfare (i.e., the sale of alcohol to minors and intoxicated persons). ; • Each cash register clerk must submit a policy acknowledgement as part of the daily log-in and log-out process; • Each cash register clerk must request identification and proof of age for any customer attempting to purchase beer or wine who appears to be under the age of 40. Pre-programmed cash register "prompts" will remind the clerks to request this proof; • Any under-aged employees will be required to involve the manager or assistant manager for the sale of beer or wine. • Installing cameras and public view monitors in all Walgreens stores to deter criminal activity and promote security. The digital images captured from these devices are stored for a period of time on a Digital Video Recorder; • Positioning beer and wine displays on the opposite side of the store from where the entrance is located; • Not catering to those likely to abuse alcohol by not selling beer by the individual can or bottle. Walgreens will only sell beer in 6 packs, 12 packs, 18 packs and cases. Responses to Concerns Raised in the Staff Report 1. Walgreens' Sale of Alcohol Will Not Increase Crime The Staff Report suggests that any code amendment permitting Walgreens to sell alcohol could lead to increased calls for police service, and further noted that 50%-or a total of 7 retail alcohol thefts occurred in the "vicinity" of Walgreens last year. (Staff Report, at p. 6.) Because of the standard operating procedures discussed above, Walgreens is confident that it can sell beer and wine in a way that will not materially contribute to theft or other crime in the area. Walgreens began selling alcohol at a number of stores in Orange County over the last couple of years and all LUCE FORWARD Tustin Planning Commission October 10, 2011 Page 5 indications are that that there has been no increase in crime or nuisance as a result of those alcohol sales. Moreover, allowing Walgreens to sell beer and wine will allow the community to benefit from competition between Walgreens, the nearby CVS, Alta Dena and other retailers. [f these other retailers have to compete on a level playing field with Walgreens, each of these retailers will be encouraged to provide the same type of safe and customer oriented environment Walgreens will offer. Those retailers that cannot meet these high standards the Walgreens provides, and that the surrounding community expects and deserves, may not survive. As a result, allowing large scale retailers like Walgreens to operate from a 12,000 square foot space is more likely than not going to benefit the community. 2. It Is Not The Number Of Alcohol Sales Establishments That Create Problems For Cities, But Instead The Quality Of The Operators The Staff Report noted that there are 19 alcohol outlets (on-sale and off-sale) within the '`vicinity" of Walgreens. Given that Walgreens is located within a very busy commercial corridor, the number of existing retailers is not out of line with the commercial needs of the City. More importantly, the existence of multiple retailers selling alcohol in a community does not, in and of itself, harm or blight the community. I-Iowever, problems can arise when retailers fail to conduct their sales in a professional, responsible and conscientious manner. Walgreens, and similarly sized retailers that may benefit from the Code Amendment, are not likely to be a source of such a problem. Walgreens and similarly situated retailers that can absorb the administrative and operational costs of running a large retail space typically pride themselves on being good corporate citizens and partners with both the surrounding community and the City. As demonstrated above, Walgreens has established policies and procedures in place to help ensure that its alcohol sales program will not create problems in the community. For example, the Code Amendment requires retailers to devote only a small amount (10%) of space to alcohol sales. Any retailer selling alcohol will also need a license from the California Department of Alcoholic Beverage Control ("ABC"). Pursuant to California Business & Professions Code section 25612.5(c), issuance of that license will be subject to a number of additional conditions that will protect the public health, safety and welfare, including: • The posting of prominent signage stating "NO LOITERING [S ALLOWED ON OR IN FRONT OF THESE PREMISES" • The posting of prominent signage stating "NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON TFIESE PREMISES" LUCE FORWARD Tustin Planning Commission October 10, 2011 Page 6 • A prohibition against consuming alcoholic beverages at the store (including parking lots and walkways) • A requirement that the exterior of the premises be illuminated during all hours of darkness (while the premises is open for business) in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. • A requirement to remove litter daily from the premises, including adjacent public sidewalks and parking lots under Walgreens' control; and • A requirement to remove graffiti from the premises and all parking lots under Walgreens' control within 72 hours. These measures, along with the quality of operator that can benefit from the Code Amendment, ensure that the community character will not be harmed, or even adversely affected, by allowing large stores to sell a small amount of alcohol as a matter of right. 3. The Code Amendment Will Not Harm Redevelopment Efforts The Staff Report also suggests that permitting alcohol sales by right in stores of 12,000 square feet, rather than 15,000 square feet, "could contribute to a continuance of depreciated values, impaired investments and economic maladjustment" and will not "enrich the livability of the neighborhoods." (Staff Report, p. 6.) The Staff Report fails to explain, let along provide any concrete evidence of, how the Code Amendment might harm property values or impair investment. For the reasons described above, Walgreens maintains that the Code Amendment could actually improve economic and community conditions. [n any event, the Code Amendment is not likely to cause any harm. Indeed, the Code Amendment could actually further the redevelopment plan's goal of encouraging mixed use developments. The commercial component of an infill, mixed use project is much more likely to include spaces ranging from 12,000-15,000 square feet than greater than 15,000 square feet. For example, Walgreens and Fresh & Easy anchor several such mixed use development projects in California. Under existing regulations, any grocery store or other retailer smaller than 15,000 in a mixed use project will not be allowed to offer alcohol sales at all because it almost certainly will be located within 300-feet of residential uses. Contrary to the goals of redevelopment, this could obviously impair successful mixed use developments. Conclusion The proposed Code Amendment will enable quality retailers like Walgreens to devote a small amount of floor area to alcohol sales as part of standard, customary operations that the public LUCE FORWARD Tustin Planning Commission October 10, 201 1 Page 7 expects. The proposed 12,000 square foot threshold is large enough to be consistent with the spirit and intent of the City's existing regulations. For all of the reasons provided above, we respectfully request that the Planning Commission recommend approval of the Code Amendment. Sincerely, ry~. Cj ..~,. Jennifer La Fond Chavez for LUCE, FORWARD, HAMILTON & SCRIPPS t.t.t~ JLC/ cc: Brian Fish, Esq. Michael Redstone, Esq. Ms. Edmelynne Hutter 101682873.1 ATTACHMENT No. 1 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. 1. General retail businesses, exemplified by the following list, when conducted within a building: (a) Alcoholic beverage sales (off-site) located within a building and permitted business with at least ~~999 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. Where required pursuant to California Business & Professions Code section 23958.4, the Community Development Director or its designee shall make a finding of public convenience or necessary, for retail businesses engaging in alcoholic beverage sales (off- site) meeting the qualifications of the preceding sentence. 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 X999 12,000 square feet of gross floor area, and permitted businesses with more than X988 12,000 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 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 sales establishment to the property line of any of the above uses (whether inside or outside the City boundaries) ATTACHMENT No. 1 (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 Zoning Code Section 9297 -DEFINITIONS "Convenience Store" means any establishment under €+€teew twelve thousand 0998) 1( 2,000) 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. ATTACHMENT No. 2 zou~io~io to:~~:is z iii TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS L5 ASKING TIIE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALRF.AY)Y SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKIIVG THE CTTY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL OV THE SAME TERMS. PLEASE SHOW YOUR SI;PPORT BY SIGNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AhIENDMENT AND ANY OTI3ER APPROVALS REQUIRED TO PERMIT WALGREEN oT'O~DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date JlQnatura Prim Natar Cllr resident IY/I~ ~ ~• llb~ivf ~ ~ ~ ~ U '~'~~ _ c.. rill U ~~ a ok a~., ~ `feS ', _ ~~' ~ .,~ lU0 ~o a ~ ~. S OSS ~ ~ • ,,<-,. . ,,.~.. . ZOll/10/10 10:47:15 3 /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE C1TY TO AMEND THE ZONIl~iG CODE IN A WAY THAT WOULD ALLOW VVALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN IS,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL llV THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON TflE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT TEiE CITY SHOULD AUTHORIZE THIS COD$ AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREEN3 TO DEDICATE .4 SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Si;uat Print Name Chy Y • V ~ ~ Y~~ ~ J / ~yC ~l.I /~I~.? (A Lam ~tr~.~r I ~ tir ~ ~ 1~ ~ '.n I ~~ 2011/10/10 10:d7:15 4 ;21 TO INCREASE TAE CONVENIENCE Ofi YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW V~'ALGREEN3 TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERbIIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN iF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL 1N THE VICWITY. WALGREENS IS ASKING THE CTTY TO ALLOW STORES GREATER THAN 11,,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT $Y SIGNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THfS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF TAE STORE TO ALCOHOL SALES. Date Signature Prlnt Name Clty realdeat ~~) ~' / , ~ / ^1J r lV , ~~rti~~ C If~~~ ~ ~ <<. ~~ , J !it[ v S a t v~.e G ; D ,~ e ,~ ~ D tl I rl ~ Z ~ l~ 1/' ~ ~ . ~ L ~ .. zoii/io/io io:a~:is s /zi TO INCREASE THE CONY ENIENCE OF YOUR SHOPPING EXPERIENCE, WALCREENS IS ASKING THE CITY TO AMEND THE ZONING CODE llV A WAY THAT WOULD ALLOW WALGRF.EVS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN iF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL llY THE VICINITY. WALGREENS IS ASKIlYG THE CITY TO ALLOW STORES GREATER THAK 12,SOQ SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF 1'OU AGREE THAT THE CITY SHOULD AUTHORIZE THLS CODE AMENDMENT AND ANY OTHER APPROVALS REQUlltED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES, Date Siennturc _ Prlnt Neme City resident ~vm> d `~ d ~ ~S ~ - a -~ 1 e ~"~+ CCU,'' mil; ~l ! - S ~~ ~ ~ ~ ~ j ~~nc15G fur ~.~, t ~.~ ~_ '~ ~~ ~ ~~llGft Y• ~c~ l0 ~ ii ~~iE~~ ~~ ~ 5 0 / ~ ~ ~- 'D~ ~~~~ ~ d SSA i h~ n h ~, J ~ - -- ~ - -~- -, x 1011/10/10 10:7:15 6 /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE Ly A WAY THAT tVOULD ALLOW 1VALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING TdE CITY TO ALLOW STORES GREATER THAN 1 Z,S00 SQUARE FEET TO SELL ALCOIiOL ON TAE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE TATS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF T9E STORE TO ALCOHOL SALES. Date 5ignsture Triat Naroe Clty resident ~'~'N) ~' ~) '~ ~ 6 ., ' . ~ xx - r~~z~ /d / '"~~ c L- ~oP~ 0 G ~~ ~ ~~ cT } nee ~. /-f4 fa ~ ~ :~ ~ F ~ a l Y 0 v ~ 5~` n ~ ~~ ~- ~ ~ ,~ eft G/ ~ 11,' r,:, `rJP S ra ~ ~~ ~~- ~~ , . C • ~' L ~. rt t V,~ (~ G{ G ~ ~- 2011/10/10 10:47:15 7 /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT VNOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN 1F OTHER RETAILERS ARE ALREADY SELLING ALCOHO[,1N THE VICINITY. 1WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE. FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW TF YOU AGREE THAT THE CITY SHOULD AUTHORIZE TAiS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREIrNS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Dap ~ o ~ Si&n ure Print Nsise Q~ (E r2 SST ~ i D city resident SY/-'n ~° -~ s ro ~~r~ ~ ~,~~,~-~,g,~ ~r C ~ ~ .~ t je !t Qr T Pa ~.~ 6 ci ,n~v-,~. berg r.. y r l o /1~ Lo~~' ,~ l o u r ~ (~ lab 1 ', - \~ ~ IAM ~ O ~ t: ~ l -ll ~.-, .~CL~ d n G ~ ~ 2011/10/10 10:41:15 8 /21 TO INCREASE TflE CONVENIENCE OF YOUR SflOPPiNG EXPERIENCE, WALGREENS 15 ASKING THE CITY TO AbIEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOdOLIC BEVERAGES. CURRENT RULES PERMTT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALRI':ADY SELLING ALCOHOL L'V THF. VTCT~iTTY. WALGREEN5 IS ASKIlVG THE CITY TO ALLOW 3TORE8 GREATER TAAN I2,S00 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY STGNING BELOW iF YOU AGREE TIiAT TRF CITY SHOULD AUTRORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMTT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Dste 'o 06 ( Sig~reture ' Print Name ~ c.ScJ mra• City denl ~ 0 'l~ (! ~ S~z~ -2 L D ~ ~ ~ Cerra n, #- ~ ° i, ~_ it.nJ c od ~ d /~' ~.~ v ~~o . ~ ~~ ~ ~v ~ ~n ~ L Q ~ a ~ ~ ~ I"d u / I ~ / 6 S PErJ c_6: 0 6 ~:, ~t .r ~l1 G Q~ Q~ , ~,~ , r©~+~~ a ~~-- "~ mG Llit 1~ >7~ ~{- ~Q ~- 2011/10/10 10:47:15 9 /21 TO IlYCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKIl~IG THE CITY TO AMEND THE ZONING CODE IN A W AY TART WOULD ALLOW WALCREENS TO SELL ALCOIiOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW 9TORFS GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON TAE SAME TER1titS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY S80ULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROYAL9 REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Signature Prlnt Name City resident (Y~`i) e ~ ~ 1 ~ ~ ~ ,rbar N c ~ ..~ a ~ N r ~~ ~ (~ n~ ~~W~I y / ~ ~ ~ ~ ~--+4-1 ~ n ~lh ~ ~~~ .,~-~ w, ~1 ~ ~... ~v~ -~- G u `^ a~tW / ~/ ~' -ll ~ G. '~'(~ (0~-II E C~ 0 ,~ ~ Ea'v 1Dj~ 11 ;e, U-sv,4w M 0~ lr r: _ T~o.r~~e ~ A~ l Z 1 ~. Og a ~. - ).011/10/10 10:47:15 10 /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, ~YALGREENS IS ASKING THE CTTY TO AMEND THE ZONING CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SAOW YOUR SUPPORT BY SIGNING BELOW 1F YOU AGREE THAT THE C[TY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERNIIT ~V ALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Siputttttc Prtnt:~nme City reddest (Y~'~ ~U rL ~/~~f l e 0 ~1~ (C.~' b S 4 ~ ~r ,ob~r.•tr Q' - A ~ 1~ tOl i~ ~ i~ ts-o ~~ ~ l~ c p /r tot / ~~ r U U ~-~- ~ ~ (~ L ~ ~~ ti ,~ N y I .I l`t~t-t~ t Q~ l' ~ t QD~ ~r cI Q P~ r G~ e ZOll/10/10 10:41:15 11 /21 TO INCREASE THE CONVENIENCE Og YOUR SHOPPING EXPERIENCE, WALGREENS [S ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREEIVS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 13,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ' ALCOHOL IN THE VICINITY. WALGREENS 1S ASKING THE CITY TO ALLOW STORES GREATER THAN 12,300 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNIIVG BELOW IF YOU AGREE THAT TAE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATL+ A SMALL SECTTON OE THE STORE TO ALCOHOL SALES. Dst! S)gna-tare Priet Name C1ty reeideat ~vm> O I~ ~ C Q UYC~ i %''~1 ~ ~~ ~'~ ~ L j~}If ~ ~ L~ rnS G~~i ~ a ~ f ~ ~ ~ 8~~ ~b ~~ ~u ~ , ~ orl•~ k ` ~au `o , ~' 1 ~ ~ 6ric.t~ h j l~~ (( ~wn~ ~ ~. ') 6/Z % G a~l~ l7 ~~ ~ e t~ ,~ ~' -,~ a ~r~ ~~ P a -~~ ~~ ~ ~ •es zoii/io/io io:~~:is i2 /2i TO IYCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY TAAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERhITT STORES GREATER THAN ]5,000 SQUARE FEET TO SELL ALCOIiOL EVEN iF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL iN THE VICINITY. WALGREENS iS ASKTVG THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERI~iS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THLS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERAtiT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. bate Signature Print'.Vxme City re~ideat (Y~) ~~lsl d try u ~. A7Rr!/ ~f//r c-LV f7 r b ti ~i ~ ~ ~~ '0 v , r 7/ r I~ITc.~ ~4cv i7.6,C_ B D ~ /,~ D ~ _ ~_~..~` ~c~.suc-- ~. Pt .D rl ' J It'1 7 ~ 1 ~-~- ~Jc..t ` 1'Tf ~ ~ ' tC. Po ~ I l ~ a r~ ~~/~. ~a i .O p J ~ (, k C f+t ~ ~ 2011/10/10 10:47:11 13 /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AME_vD THE ZONING CODE IN A WAY THAT WOUi,D ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETATLERS ARE ALREADY SELLING ALCOHOL I1V THE VICINITY. WALGREENS is ASKING THE CITY TO ALLOW STORES GREATER TRAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW lF YO[1 AGREE TAAT TAE CITY SHOULD AUTHORTZE TA1S CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALCREENS TO DEDICATE A SMALL SECTION OF THE STORL TO ALCOHOL SALES. Date Signature Print Name City resident ~m1 l ~~ ~, rCla C. v~ _ 1 / ~' t oJP o~l.+~ ' A ~ / ' ~~ C~ ~n 1` !o r .Sfe ~e - 7 ~ ~ r ~ yQ/j 6, ~ Glr ---~ 0 - u~~J x,00 ~ ~ ~ ~fifc L f ~ ~---- , ~t r lNl ~ l arr~ U , ~ v p I~ S 2011/10/]0 10:47:15 14 /21 7'O INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS [S ASKIIYG THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN IS,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLIIVG ALCOHOL IN THE VICINITY. WALGREENS TS ASKING THE C1TY TO ALLOW STORES GREATER ~ THAN 1Z~500 SQUAlfE BEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SNOW YOITR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMfT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Sfrn~ture Print Name City resident prm~ ,~. s~~ANi~ s-ruc.K ye s "L Ga a ? ~ ~' d i0 6 7 r,,vyLGQ ~ ;.n. c~1A~,El~ vs ~TZ f c~ ~ Ia ~ -- v ~~ ~ 'n PS ~ ~ ~~ > ~ v~ ~~~~ ?'~S - ~ ~s ' S / ` ~ ('" / / 2011/10/10 10:47:15 1S /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS I5 ASKING THE CITY TO A~14END THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREEN3 TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PER1VIlT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL UV THE VICINTTY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 11,5{10 SQUARE FEET TO 5ELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGRE1rNS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date St;nature Print Name Ciry resideet t~m~ ~ ~ ~~ , R rr o- !d ~ ~ ~ ~' ~ c~ kd !6 ~ /~r~.~! S ~E ~y `f ~~ ~~ ~ . r ~/ ~~ ~,~ ~ ~ 2011/10/10 10:47:15 16 /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPIIVG EXPERIENCE, WALGREfi•NS IS ASKING THE CITY TO AMEND THE ZONING CODE llV A WAY THAT WOULD ALLOl'V WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMTP STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS 1S ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON TflE SAME TERMS, PLEASE SHOW YOUR SUPPORT BY S[GNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE TIIIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMTT WALGREENS TO DEDICATE A SMALL SECTION OF TAE STORE TO ALCOHOL SALES. 2011/10/10 10:47:15 17 /21 TO INCREASETFIE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS iS ASKING THE CITY TO AMEND THE ZONING CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUAR$ FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL iN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE A14ENDA~iENT AND ANY OTHER~APPROVALS REQUIRED TO PERy[IT WALGREENS TO DEDICATE A SMALL SECTTON OF THE STORE TO ALCOHOL SALES. Dete ~~ Signstnre i PHnI Namc Cify resident 9 ~ '~ N ~ v ~a ~ S ~- ~~r~s ~ . I/ ~ o,~ .~~~ .u ti ~ ~ r ,_ ~ . o - << ~ ~S r ldR1 ~u. " ~ ~ v~~-' ~ Alec. 1U ' 1 c ~ ~ a g~N~P~ o t °~ G~ - J~~v~ ~ S ~, U ~' ~~~ ~ ~ lG~' tS l d 'N~ ~l , Pty ~o ~ ~~ >~ v~~~~ 0 2011/10/10 10:47:15 18 /21 TO 1!'VCREASE TAE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKllVG THE CITY TO AMEND THE ZONllYG CODE IV A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN ]5,000 SQUARE FEET TO SELL ALCOHOL EVEN 1F OTHEA RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKllYG THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS, PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW iF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES, Date Signature Prinl Name City ~ resident ' (YlIV n v 1 ~ ~ L= ~ ~~ l ~t Ui~(nv~,~e~u ~.' L(I lv~S ~a cJ f a-9 "~q ~ ~ ~ ,~ i ~ ~ , ~/ ~h6G ~6!' ~ r ~ o (~ ~' v~. l~ ~S ~ ~~~..,,.~i~ec y 2011/10/10 10:47:15 19 /21 TO INCREASE THE CONVENIENCE OF POUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THii ZONING CODE IN A WAY THAT WOULD ALLOW WALGREEN3 TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERI9IT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STO1tES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON TAE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNIl~IG BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE ISIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALCREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Si~mature PHnt Name City resident ~~ Q Q '~~ g'f6(6 ~t666~ ~,ligTir~ i~0 I~ ~rlrh.~C ~2. S v HI ~ ~ ~~ ~ ~ ~ r I y ~4 / 7 ~il `) ~% 1 O I \}"'~ // ~ ~V~O /4f~ y ~a~q / II l al ~S - - t~al~ ~ ,~ ~/QQ~U~1 ~ l /~ /~ ar•/~ 1~A/ t.~ ~S' G y/ ~ s ~ ~ r ~ 10 ~ ( Avsc<<~'~ r IU ,(Il ! ~ N t' ~S 2011/lU/lU 10:47:15 20 /21 TO INCREASE THE CONVENIENCE OF YOUR SHOPPIlVG EXPERIENCE, WALGREENS iS ASKING TAE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGItEENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLQVG ALCOHOL IN THE VICINITY. WAI.GREENS IS ASKING THE C1TY TO ALLOW 3TORE9 GREATER THAN 12,.500 SQUARE FEET TO SELL ALCOHOL ON TILE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AW ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Slgaature Priat'.Vame elty rgideat ~~ ~~ . a O ~ L t , ~ ~ ~ I h ~~~ ~ ~ ~ t..~ ~ J r' l~~ V 77 '' 4't' " - v G ~ ~ ` ~, Y ~~ ~ ~° ` ~ `~ - - a.t~ fi o ~~~ ~ 7 ~ ~ ,~' ~~ 8 _ ~~ ~, C c S ~ ~ - ~ ,~ 0 1~~ _ 4- `~-- ~-G. c ~. 4~ as,~~ .~ r' 2011/10/10 10:41:11 21 /21 TO INCREASE THE CONVENIENCE OF YOLlt SAOPPINC EXPERIENCE, WALGREENS TS ASKING THE CITY TO AMEND TI3E ZONING CODE IN A WAY THAT WOULD ALLOW WALCREENS TO SELL ALCOHOLIC BEVERAGES, CURRENT RULES PERMIT STORES GREATER THAN 15,0(}0 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICITRTY. WALGREENS LS ASIQNG THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAb[E TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT TAE CITY SHOULD AUTHORIZE TINS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PER'~IIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Signature Point Nanw City re9ident ~~ ~j ~ ~ il~ ~- 1 ~ •'~ i' ~ ~~-?-~1 N u k Sri- ~ Na~Ot a t 1~-8-1~ _ `` C.~CY~ V,TU,~ zau/ioiio iz:iz:zz z /az TO INCREASE THE CONVENIENCE OF YOUR SHOPPWG EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE Ilv A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERD~UT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL [N THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. 2011/10/10 12:12:22 3 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPL~IG EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW R'ALGREEIVS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINTTY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREA'T'ER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SICMHG BELOW IF YOU ACREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Uatx Sip~uture Print Vame City r dent ~~ 4 1 t - I~ r .' ~ -r e r g/ II ~~ ~ ~ s ~ ~~o `~ -Z~-I ( l~'rrq ~ zb , ~~,~ o.~ ~ ~~ ~o ~.` y ~ ~ ~' a r ~E CcJ~~ s ~ I ~S (~ v ~' 0"~ N ~~ ~~ ~ ~ 0 /C~/~C L 1 Zb-11 y ~ G F'`Lf~ L~ ro l rt 6 o Y~'-~I ~ Ste. t ~ ; u~l,~cF-p ,}e..v 14 ~ I ~far//~ ee V~ U 2011/10/10 11:11:21 4 /41 TO l~NCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS [S ASKING THE CTTY TO AMEND THE ZONING CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THe1N 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY 3ELL~l~iG ALCOHOL IN THE V1C1N1TY. WALGREENS iS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW 1F YOU AGREE TIIAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. 2011/10/10 12:12:22 S /42 TO 1NC~R.EASE THE COYVEYiENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS LS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CGRRENT RULES PERMIT STORES GREATER THAN iS,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING TAE CITY TO ALLOW STORES GREATER TRAM 12,500 SQUARE FEET TO SELL ALCOHOL• ON THE SAME TERhiS. PLEASE SHOW YOUR SUPPORT SY SIGNIrIG BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT A:~1D ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. 2011/10/10 12:12:22 G /42 TO INCl~?ASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGRE~:NS IS ASKING THE CITY TO ,AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER T1~AN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL llV THE 1~ICiNITY. WALGREENS iS ASKING THE CITY TO ALLOW STORES GREATER THAN 1Z,S00 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOL"R SUPPORT BY SiGNINC BELOW IF YOU AGREE THAT TAE CITY SHOULD AUTHORIZE TAIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. j Date ~dI~1 Si re ~ Priat Nana ~ ~~~ C~~7r City ~~ 4 ' 5~.2 )4 '~ ~ ~ ~~~ rv oS ~8 7 a_2~~ (~,~ ~ - ~ ~''~ 27 ~/ y~ ~. ~~ ~ ~ ~IZ7 1j ~~ G W Oa`S 0r1 a~ ~ z~t ~ ~~ ~ ~~JA~6 .~ J l.a ~-- s<~c~ 8 k RAM ~SRr,~~ /~h,J 0 zoii/io/io iz:iz:zz ~ /~z . TO INCREASE TBE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE C[TY TO AMEND THE ZONING CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN lF OTHER RETAII.ERS ARE ALREADY SELLING ALCOHOL IN TflE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT TAE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT A1VD ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OE THE STORE TO ALCOHOL SALES. ~ Datt Slgnilurt Print Name City resident ~~ .~ ~v u,~, ~ F"'l,GL t.~ ~ t S h,+~ 8 27 o vt 27 S~ o~c ~ ~ . t ~c M, L ~~~~ e ~ " Gl~~ .. I= [ ~ anrv~ ~~7~ g- jl .,,. t ~.~, ~ s EN R `~ v G k ~ -JI 1 _ 1 ~,r~3 G ~ ~' 1 1 G ~* rZ 2011/10/10 12:12:22 8 /42 TO INCREASE THE CONVENIENCE OF YOUR SIIOPPING EXPERIENCE WALGREENS IS ASKING THE CITY TO A:~zEND THE ZONING CODE L~1 A WAY THAT WOULD ALLOW WALGREENS TO SEi.L ALCOHOLIC BEVERAGES. CURRENT RULES PERtiI1T STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLXNG ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TEIL'VIS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW iF YOU AGREE THAT TdE CITY SHOULD AUTHORIZE THIS CODE A1~lENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORF. TO ALCOHOL SALES. I\ ZOll/10/10 12:1Z:2Z 9 /4Z TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS iS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER TOWN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN iF OTHER AETAII.ERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS I5 ASKING TdE CITY TO ALLOW STORES GREATER THAN t2,500 SQUARE FEET TO SELL ALCOHOL ON TAE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW 1F YOG AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIItED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF TAE STORE TO ALCOHOL SALES. ' pate Si~natore Print Name C1tr re~i t (Y/N} ,~~ ~/Q~~ ~ ~~ ~ -3b v ~ ~ ~ ~;~ F~ ~I pro ~ ~~ ~z 3D Y ~ Po~rr~ ,e-cb S ~ D ~ ~ ~ ~ iS~t ~' 3 G ~ s ~ ~1 ~ S ~1 ~ ~ ~~ ~~~ f "" ~ ~ S 1 Sit. ~ S 3 ~ ~, ~ -- i zoii/lo/lo iz:iz:zz io /~z TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALCREENS 1S ASKllYG THE CITY TO AMEND THE ZONTNG CODE IN A WAY THAT WOULD ALLOW NALCREENS TO SELL ALCOHOLTC BEVERAGES. CURRENT RULES PERMIT STORES GREATER T1~AN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN 1F OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICTNITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON T8E SA,14E TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNQIC BELOW IF YOU AGREE THAT THC CITY SHOULD AUTHORIZE TNTS CODE A~NENDMENT AND ANY OTHER APPROVALS REQUIRED TO PER,yIIT W ALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Signature Print N~m~ City retidgrlt (YIN) S ' C~ ~V ~ ~ (A ~ ~-~ ~S .~ - - 3r l ~ ~ c ago -/ 1 ~ n ~ 0 y/ 7~ ~ 1 G. n 4, r . ~ o ~nr 9 ! ~ 11.5 //ll -~ COQ/ r i `` ~~1 • l1 1 ~~5 F- ~ ~ (1'~ 'M. ~ ~ , ~~~ ~ ~ ~l~ ~~j !~ ,~'i ~- zoii/io/lo iz:iz:zz a /az TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WAL REENS 1S ASKING TAE CITY TO AMEND THE ZONING CODE iN A WAY THAT WOULD ALLOW ~VALCREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER 15,OOil SQUARE FEET TO SELL ALCOHOL EVEN 1F OTHER RETAILERS ARIZ ALREADY SELG ALCOHOL 1N THE VIC1NiTY. WALGREENS l5 ASKING THE CI'T'Y TO ALLOW STORES GREATER THAN 12,300 SQUARE FEET TO SELL ALCOH04 ON TAE SA~'41E TERMS. PLEASE SHOW YOUR SUPPORT BY SiCNiNG BELOW IF YOU AGREE THAT THE CITY SftOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERNIIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date ~ `t Signature Print Name ~ f w t~ City estdent ~~ " ' ~ ~ ~ ~? -'~ e S ~ ~ cr w,c ~ v ~~ ~ u~ a eS ~ r ict 1 c~` eS ~ /~ Nl q 7 ,c! S ~ - 4 4 ?- ~ ~N (' ~ ~- 1 r' s c s ~ ~ lTt.` ~ ~.e •~lt g' S~ r k aH~ kw~~~ ~ ~~ S ~, I ~r2 sr cu oE' [~ s l zoii/io/lo iz:iz:zz iz /az TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THELONiNG CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATERT N 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARB ALREADY SELL~NG ALCOHOL IN T1iE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GRTATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT TSE CITY SAOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE ~~ A SMALL SECTION OF THE STORE TO~I,COAOL SALES. 2011/10/10 12:12:22 13 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASICL~IG THE CITY TO AMEND THE ZONING CODE llV A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER TI#AN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN lF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE ViCLNITY. WALGREENS I5 ASKllVC THE CITY TO ALLOW STORES GRATER TAAN 1Z,S00 SQUARE FEET TO SELL ALCOHOL ON THE SAMF. TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU ACRES THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREEN5 TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOElOL SALES. zoii/io/lo iz:iz:zz is /az TO INCREASE THE CONVENLENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS LS ASKING THE CITY TO AMEND THE ZONING CODE IN A W.4Y THAT WOULD ALLOW WALGREENS TO SELL ALCOAOLiC BEVERAGES. CURRENT RL;LES PERMIT STORES GREATER TH~AIY 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREAAY SELLING ALCOHOL IN TAE ViCiNTTY. WALGItEENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TU SELL~ALCOHOL ON TAE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AIiTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PER:I~UT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOIiOL SALES, 2011/10/10 12:12:22 15 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMF.'VD THE ZONING CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERI~[TT STORES GREATER TH~AIV 15,0{)0 SQUARE F~ET TO SELL ALCOHOL EVEN IF OTHER RETA[LERS ARE ALREADY SELLING ALCOHOL IY THL VICITiI'FY. WALGREENS IS ASKING THE C[TY TO ALLOW STORES GREATER TITAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERti1S. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE T1iIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PER141jT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. date Sfen~turc Prlnt Name City reeideut (Y/i~ • .11 ~-..- ~- ~ ~~ 111 ~ ~,4 v~ «, u ~. o ~• ~ r ~'Jl - 1~ ~1 s ~6 ~ - '-tl ~ fir a~u) o != S ~ ~y~_ Au cE ~ !~ aS y~ 1 l~~q~t/ S ~ ! g 1 I ~ ~ ~ 1 ~, 2011/10/10 12:12:22 16 /42 TO INCREASE THE CONVENIENCE OF YOGR SHOPPING EXPERIENCE, WALCREENS IS ASKING THE C[TY TO AMEND THE ZONaVG CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC' BEVERAGES. CURRENT RULES PERMIT STORES GREATER THJAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN 1F OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS 1S ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERI4iS. PLCASE SHOW YOUR SUPPORT BY STGNING BELOW IF YOU AGREE THAT THE CTTY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGI~tEENS TO DEDICATE A SMALL SECTION OF TAE STORE TO ALCOHOL SALES. Aate 5i~nature Prlnt K~mc Cfty resident ~~ i ~I~~+ ac ~I ~ih N 8 Z6 fir K <' ~ ~r~ ~ ~1 ~ iw~ ~~ ~ ~ Q Z6 1 ~ q~ ~~~, ~ . Zb - r Z~ ~ ~ ~2~ ~ ~ , ~Y P.~ irn~ w ~ _ ~ ~` ~ ~ ~,`~1 ~ ~ y ~-t. S~ -- / J ~ i zoii/lo/lo iz:iz:zz v /az 7'O INCREASE THE CONVENIENCE OF YOUR SHOPPiYC EXPERIENCE, WALGREENS 13 ASKL~iG THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,004 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS .ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALCREENS lS ASKING THE CITY TO ALLOW STORES GR$ATERTHAN 12,500 SQUARE FEET TO SELL. ALCOHOL ON THE SAME TERMS. PL~.ASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE TRAT THE CITY SHOULD AUTRORiZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGAEENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. zou/lo/io iz:iz:zz is /az TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS iS ASKIlVG 7~IiE CITY TO AMEND THE ZONING CODE llV A WAY THAT WOULD ALLOW 1NALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THhN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLI~iG ALCOHOL IN THE VICINITY. WALCREENS LS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE 3AblE TERMS. PLEASE SHOW YOUR SUPPORT BY SIGN lNG BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE 'THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES, Date 5igaature Print game Ctty resldcht (Y/N) !! ~QJd~ I ' ~ ~~ ~1lf~ ~ ! • o , ~ v Q~~L f~ D A~,{ ,~ .1) ~ G•st ~ ~ lG~~ ~ ~ i •~~~~ l ~ c ~ -1 ~u ~ ~ i~ ~ ~ 1011/10/10 12:12:22 19 /42 'V E WALGiREENS iS SKiNC TO INCREASE THE COAiVENIENCE OF YOUR SHOPPllVG EXPERiEI C , THE CITY TO AhIEND THE ZONING CODE iN A WAY THAT WOULD ALLOW V~'ALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATERTH 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELL VI~G ALCOHOL llV TAE VICINITY. WALGREENS IS ASKING THE C{TY TO ALLOW STORES GRIIATER THAN 12,S0U SQUARE FEET TO SELL ALCOHOL ON TAE SAME TERMS. PLEASE SHOW YmUR SUPPORT BY S{GNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMEND119ENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF TAE STORE TO ALCOHOL 5ALES. Date Sigasture Print Namc City resldeat (Y~ ~~~ [ t r '~ ~. ~~~ i $Jr, Ar 1 o~4dn ~ -Q-tt Da~u,~s -~~ ~ 'r 1 ~ ~.~ ~s -'~yll~ ~L '~~-- ~'r ___. 9 I ! ~. p °~ -F-'~ ~ ~ i ~r r Ea ~c.-el~ i ~~ !~ i ~ o~ t ~' ~ n ~ , US~~ w ~~8-~l J~~~ C~ i' ~ No~Yes ~' ~~ ti n 0 zoii/io/io iz:iz:zz zo /az TA INCREASE THE CONVENIENCE OF YOUR SHOPPI:'VG EXPERIENCE, WALGREENS 15 ASKiYG TBE CITY T1H AMEND THE ZO1VII~1G CODE IN A VVAY THAT WOULD ALLOW WALGREENS TO SELL ALC~IitfLIC BEVERAGES. CURRENT RULES PERl'VIIT STORES GREATER THAN 15,000 SQUARE FEET T~ SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL llV TAE VICllYITY. WALGREENS iS ASKING THE CITY Tf ALLOW STORES GREATER'9~'1Z,Sb0 SQUARE FEET TA SELL ALCOHOL ~N THE SAME TERMS. PLEASE SHOW YOUR SUPPORT HY SIGNING BELfW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS ClDE AMENDMENT AND ANY ITHER APPRSVALS REQUIRED TI• PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE Ti ALCO'Ilfl. SALES. ~' Due Signature Print N~nx City resldtfit (YM)~ f ~ ~ a _ ,~~, l `` 9 ~~ aY ~ ~~ ~ t -~ s ~ ! hd ~/~ ! ' o ! ~'• l ~ ~~ rn ~ c+cc;a soa a ~ 3 rl - -~~ - -~~ ~~ ~ •, ~~ ,., ~' ,; ~C S~ 7 P 7 v 4 s 1 l 7 zoii/io/lo iz:iz:zz zi /az T• INCREASE THE CeNVENIENCE •F YeiJR SH~PPIIVC EXPERIEYCE, WALC,TREENS lS ASKING THE CITY TA AMEND 7'HE ZlNING CEDE IN A WAY THAT WAULD ALLfW WALGREENS TO SELL ALCPHILIC BEVERAGES. CURRENT RULES PERMIT 5TlRES GREATER THjAN 15,000 SQUARE '; FEET Td SELL ALCM®L EVEN IF !TREK RETAILERS ARE ALREADY SELWIVG ALCIHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY Td ALLOW STORES GRI~ATERTHAN 12,500 SQUARE FEET T1 SELL ALCO'HaL dN THE SAME TERMS. PLEASE SHOW YOUR SUPPORT Y SIGNING BELIW 1F Y®U AGREE THAT THE CTTY SHdULD Ai3THdRIZE THIS ClDE ~MENIiMENT .4ND ANY #THER APPROVALS REQUIRED T! PERMIT WALGREENS Td DEDICATE . A S~1XLL SECTIAN 1F THE STARE T! ALCIHIL, SALES. „ Dtte Signature t Namc City roaid~pt f1f ~)' S~ ,~ -r C J 3 G~' ~ ^~ ~ o Sfi ~r~ ~ ~,- ,~,,~ -~~,~,~ x. .~ ~, zoii/lo/lo iz:iz:zz zz /~z 1 ~~C~~ TO INCREASE THE CONVENIENCE OF YOUR SHOPPllYG EXPERIENCE, WALGREENS IS ASKIN THE CITY TO AMEND THE ZONaVG CODE IN A WAY THAT WOULD ALLOW'WALGREENS TO SEi. ALCOHOI,iC BEVERAGES. CURRENT RULES PERMIT STORES GREATER T 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAR,ERS .4RE ALREADY SEL G ALCOHOL IN TIIE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GR TER'THAN I't,500 SQUARE FEET TO SELL Ai.COHOL ON TflE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW iF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHF,R APPROVALS REQUIRED TO PERMIT WALG~tEENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date ,~~~Gi1 Signatur Print dame nu~i~ C~or~2,~~5 City t r c~~i~~f ~~,~~ Sa ~ 1 Q~ Q._ ~~, S rr ~ 1'~G G ~~ ~ G ~ z ~n L g r2 ~ ~'' ~ <<c ~ -2y.ri c ~ C ,. 7 I ~~-+? /~ N ll N S b `~ ?I /~ / ~ 1 r-.~ N ~ ~j~maS . t , ~ ~ ~'~ s S '~ ~ << yr ~ ~~ E ~ I I J 2011/10/10 12:12:22 23 /42 TO INCREASE THE CONVENIENCE OF YOUR SIiOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE W A WAY THAT WOUY.D ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER IRAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICIlYITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES G TER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOWY UR SUPPORT BY SIGNING BELOW iF YOU AGREE THAT THE CITY SHOULD AUTHORIZE HIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Signature I print T1ame Clty reslcieit ~Y~ ~ -z ~ U rc, -~2 ~ -~ ~ ~ ~ , ` R' / . ,~t ~icl~l~s ic. p~ f~ r ,~y. ~ ~ ~. -,~ ,m u l +~ ~ ~. v~ ce ~.d~t --rL 1 ~ a- ~,,,, J J 4~ ~ ~, ~ . rte- f ~.. c, ~ d1 ~ - ~.h~ - ~i~ ~~~a --. ~ ( \ L ES i. i ~y ~ t ~/-~ r ('Ajrf, M ` 'I ` , ' ~ l~ ~ M~'~h~il~ Sho 12' ,I a ~~ 2011/10/10 12:12:22 24 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALQREENS 1S ASKTNG TAE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREEYS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PER,'HIT STORES GREATER THu1N 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTRER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER TRAM 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SROW YOUR SUPPORT BY SIGNING BELOW 1F YOU AGREE THAT THE C1TY SHOULD AUTHORIZE TH1S CODE AMENDMENT AND ANY UTIiER .1PPROVALS REQUIRED TO PERMIT WALGREEhS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Signature Print Name Cfty ; reeldmt (YN) ~~ ~ ~ 1 ~ i i~ ~~~ j Lr- r ~ ~~/~~ r (~ ~~ Q ~ ~ k~.tif/~~1- 1 I r'1"`~ S l~:t~ ~. ~ l ~~ ~v ~s~ s °I ~~ S. ~~ac~~NG ~..~, ~ 1 Cu~Z{ 5 i 4/rr ~-jria 7j . ~t ~ '~ ~'2A~ t S l-~,~ ~ °~ << saga m~ s c ,~ ~ S4~Lo S~4~d~~ _~2 ~ , -~, zoii/io/io iz:iz:zz zs /nz TO INCREASE THE CONVEN IENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS JS ASKING TfIE CITY TO AViEND THE ZONING CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC 13EVERAGES. CURRENT RULES PERMIT STORES GREATER Tk~AN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAII.ERS ARE ALREADY SELLXNG ALCOHOL IN THE ViCllYITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GRi'rATER THAN 12,SU0 SQUARE FEET TO SELL ALC080L ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CTfY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY O'f SiER APPROVALS REQUSRED TO PERMIT wALG$EENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. ' Date Slgnatnre Print Name • Cify ! residqut (YIIV), )~ ! v ~ ~-~ A~/,~ ~~ fJ ~ ~" z L'tit ~.. Y~ f. 1 ~ ~. of ~./E ~~/ ~. v~ Cv,~ ~lO n-,F~ !~S i c d~ ~,~ J . , .,~ z___ .1 `T~ ,~ (,~ b ~t C ~ ~ J ~ ill • 1-~ 1..~ ; l ~ t ,~ ». owe l 1, ~ ! g . zt~ ~ ~ S '~'~ ~ Z ~ _ ~' R ' ' ~' Chct.~ (.pr ~~~ Std uZ 'S ~v - - 2011/10/10 1Z :12:22 26 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPIlVG EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THfi ZONING CODE IN A WAY THAT WOULD ALLOW 1NAL.GREENS TO SELL aLCOHOLIC BEVERAGES. CURRENT RULES PER~itT STORES GREATER T1I~1N 15,000 SQUARE FEET TO SELL ALCOHOL EVEN lF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN TAE Y[CINiTY. WALGREENS IS ASKING THE CITY TO ALT.OW STORES GR ATER THAN 12,500 5QUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW Y UR SUPPORT BY S[GN1NG BELOW fF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGHEENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES, Date nature Print Name City ~ ~ reddetint ~Y~,~. r(t (~ 1 i i I I zoii/lo/lo iz:iz:zz z~ /~z TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALC~REENS IS ASKING TAE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLTC BEVERAGES. CURRENT RULES PERi4I1T STORES GREATER THAN 35,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTITER RETAILERS ARE ALREADY SEi.LING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GR37ATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON~THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW 3F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THiS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PER;tii1T WALGREENS TQ DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Slgneture Print Nwne City i residedt ~~ r• 2 , Y ~ 4.~ // ~ 0 ~ . ~ ~ ~ sus ou ~ ~s ~~ ~« ., .~ ; 2011/10/10 12:12:22 28 /42 TO llVCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING TflE CITY TO A17END THE ZONiTTG CODE IN A WAY THAT WOULD ALLOW WALGREEIVS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT 5TORE5 GREATER T'HAlY 15,000 SQUARE FEET TO SELL ALCOHOL EVEN iF OTHER RETAILERS ARE ALREADY SEL iNG ALCOHOL IN THE VICINITY. WAL(:REENS I5 ASKING THE CITY TO ALLOW STORES G ATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW OUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT TAE CITY SFOUi.D AL'THORIZ THIS CODE AMENDMENT AND A,~1Y OTHER APPROVALS REQUIRED TO PERMIT WALt"pREENS TO DEDICATE A SMALL, SEC'fiON OF THE STORE TO ALCOHOL SALES. Date ~ Sieaature ~ Print dame Ctt~I resident (Y~ / ~~ d U . l ~ ~ rvw4o~ ~ '6'I~ ~.iv~, cs °t'~b -~t '/~S i ~~ -! ~ ,9-rc c L~Ce~.~- _p U s ,~ ~~ ~ ~ ~ ~ lB t.a + ,z ~e ~ t.o~t~ 5 ~e 5 ri ~' 4' 2011/10/10 12:12:22 29 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC aEVERAGES. Cti RRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLk1YG ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GRATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE S130W YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE 'HIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF TAE STORE TO ALCOHOL SALES. ,~ 2011/10/10 12:12:22 30 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERLENCE, WALGREENS IS ASICQVG THE CITY TO AMEND THE ZONING CODE 1N A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER TITAN 15,000 SQUARE FEE'C TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREE~iS 1S ASKING THE CITY TO ALLOW STORES GRI" ATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SA14iE TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT TAE CITY SHOULD AUTHORiZE'~'HIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. 2011/10/10 12:12:22 31 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE iN A WAY THAT WOULD ALLOW ~VALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN i~ OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET '1'O SELL ALCOHOL ON TAE SA1~lE TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNIlVG BELOW iF YOU AGREE THAT TAE CITY SHOULD AUTHORIZE TBIS CODE A1~IENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. 2011/10/10 12:12:22 32 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS I5 ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY TI3AT WOULD ALLOW ~ALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLWG ALCOHOL L~1 THE VICI!VITY. WALCREENS IS ASKING THE C[TY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON TAE SAhIE TERMS. PLEASE SAOW YOCR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. pate Sigpaturc Print Name C1ty residept ~~ i _ , /yj aC ~- -tl ~iltQw+ F. r~~ s .. ,~~ o -~- o -- r-e~,-~- ~ QS ^~ ~~~,,~ !~ ~ , S r ~ ~ e ~,,~~ ~~ ~ Ya ~ ~ I ~Vl~i u ar Ye5 a ~ r• ~ L ~/K v N T .q l .~ Lss .~ 1011/10/10 12:12:21 33 /42 TO INCREASE T11E CONVENIENCE OF YOUR SAOPPII~IG EXPERIENCE, WAL6REEN5 IS ASI{ING THE CITY TO AbiEND THE ZONING CODE IN A WAY THAT WOULD ALLOW 11VALGREENS TO SELL. ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FLET TO SELL ALCOHOL EVEN iF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREEN515 ASiQ,VG THE CTI'Y TO ALLOW STORES G RIIATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU AGREE TEAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALCkEENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. llate Signature PrInl Name ~ Clty reside~t (Y~, Z7 y ~ '~' -C9+~ ~1 '7 c S 28 s P's -~ ~ ~ S 7 r. s ` 'Q-S Ci w'' ~~ C ,c,. a~ .L~ ~~- ~k c S.,o~.f yG ~ ~~ ~ m A a ~,rnt •` ~ 1^` _. ~ 1 t ./ t ~/ ~QIIV~~' ^~ ,~~ ~ i :~ ~ v 2011/10/10 12:12:22 34 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKTNG THE CTTY TO AMEND THE ZONING CODE IN A WAY THAT WOULA ALLOW WALGREENS TO SELL ALCOHOLTC BEVERAGES. CTIRRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VTCTNITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW IF YOU ACRES THAT TAE CITY SHOULD ATJTHORIZE THIS CODE A~~IENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDTCATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Dnte Slgnatur Print Name Citq L r~idtiU ~) l ~~ ~ h G o Z~ ~~ (^.^' S ~ ~'- ~a v eabo ~S ~ ay ~~~ 1 ~ R~ ~e l ~ 2~ ~,~. 4' ' S ~` ~ ~ r' y J'_ T~IV ~~ 1 V r ~ ~ f~V 2011/10/10 12:12:22 35 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS iS ASKING THE CITY TO A_~tENO THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELL~IG ALCOHOL IN TtIE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,300 SQUARE FEET TO SELL ALCOHOL ON THE SANE TERMS. PLEASE SHOW YOUR SUPPORT BY SIGNING BELOW lF YOU AGREE THAT THE C1TX 9AOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEAICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. Date Slenature Print Nurse Cily r ~. L•1v~n~ , w S S 2~ I opA Ns 8 0 1 { ~ 1~ p 0 N SG..~ 8/.?~ 4.~ ~' r ~ i V~ i ~ti~ $a~r~ S, <ls w-~ m~--~-~v zoii/lo/lo iz:it:zz 36 /az TO INCREASE THE CONVENIENCE OF YOtiR SHOPPING EXPERIENCE, WALGREENS [S ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELL~IYG ALCOHOL IN THE ViCINiTY. WALGREENS IS ASKIIYG THE CITY TO ALLOW STORES GRATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YpUR SUPPORT BY SIGNING SELUW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SNfALL SECTION OF THE STORE TO ALCOHOL SALES. Date Signature ~ PrintNarne r,~ City raWeht (YlIY) ~Z ~ ~"~~~ z S~~ Da,,' e 26 ~~ ~ sS Q~S~ 6 ~~ ~. ' 'o.d D 1 i GYOI rUe ~5 ~ ~ t~ ri ~-.. ~ e=-i ~ k ~ ~, ~ ~ ~ ~~ `~ ~` eiCs or 2 ~ ~ ~ ~~ G~,~~~-~ GR~ ~; s ~ ~ U ~. V 2011/10/10 12:17:12 37 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CTTY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOROLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELL~iVG ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,504 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SNOW YOUR SUPPORT BV SIGNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. 2011/10/10 12:12:22 38 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WAI.GREENS !S ASKING THE C[TY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN 1F OTHER RETAILERS AAE ALREADY SELLL~IG ALCOHOL IN THE VICWITY. WALGREENS !S ASKLNG THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YQUR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORIZE "~IiiS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMTf WALG1iEENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. j Date Si~cuture Print Name Clty resideht ~~ ~.Q/ i ~ "~ ~ ~D ~'" " ~~ 2. c~U 2~ l z6 ' ~. x2 G l ~ o g~ ST~'~~ ~ ~Q ~ ~" G l1 ~ i~.D ~ d / ZY'I~ ~ / Gu, j ti ~ f e~• l ~I aY i~ .~ ,per ~ ~ Y '~ ~ q - DekK~S ~Q 1 2011/10/10 12:12:22 39 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW `IVALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW Y~UR SUPPORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOULD AUTHORiZE'~HIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALG ENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. zoii/io/lo iz:iz:zz no /^z T• IVCREASE THE.COYVENIENCE OF YOCR SROPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONllVG CODE iN A WAY THAT WOLtD ALLOW WALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL Ar ~nwOL EVEN F OTHER RFTAIL..RS AR . Ar. F.ADV SlR1.i:INC: Af.COHOL 4~i THE VICINITY. WA1 C'RFFNS iC ACKINC.TF(F: ('TTYTO Ai.j.QW SCORES GREATER THAN 12,500 SQUARE FEET'fO SELL ALCOHOL ON THE SAME TERMS. PLEASE_SHOW OUR SUPPQ T BY~IC~IING flEl.l~IF YOU AGREE THAT THE G1TY SHOULD AUTHORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALC;REENS TO DEDICA'PE A SMALL SECTION OF THE STORE TO ALCOHOL SALES. ~ Datc Slynature Print Name City residp~t (YM) I ~ r~.f-. ~~-pt I I NC'~~ 2011/10/10 12:12:22 41 /42 TO INCREASE THE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS lS ASKING THE C1T'Y TO AMEND TAE ZONING CODE 1N A WAY TEAT WOULD ALLOW sWALGREENS TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PlrR1~IfT STORES GREATER TITAN 15,004 SQUARE FEET TO SELL ALCOHOL EVEN 1F OTHER RETAILERS ARE ALREADY SELLING ALCOHOL ZN ~ THE YiC1NITY. WALGREENS iS ASKING THE C1TY TO ALLOW STORES GR~ATERTHAN 12,500 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SAOW 1~OUR SUPPORT BY SIGNING BELOW iF YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE AMENDMENT .AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGrtEENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOftOL SALES. Date Slp~ature Print Nano Clty , ~l c ~~~~ ~ ~ dent I l ~, ~~r ~ 0 Zb p 26 oa-nr rv U~- d ~ ~~ ~~- l?~M, g ~ /2 c, f ~ euh, ,' 4Y ~~ ~. ~ zou/io/io iz:iz:zz nz /az TO INCREASE THE CONVENIENCE OF YOUR SHOPPII~IG EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEND THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREEVS TO SELL ALCOHOL[C BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN 15,000 SQUARE FEET TO SELL ALCOHOL EVEN [F OTHER RETAILERS ARE ALREADY SELI~INC ALCOHOL TN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN 12,540 SQUARE FEET TO SELL ALCOHOL Or THE SAME TERiViS. PLEASE SHOW YOUR SUPPORT HY SIGNING BELOW 1F YOU AGREE THAT THE CITY SHOULD AUTHORIZE THIS CODE A~~IENDMENT AND ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCOftOL SALES. Date Signature Prlnt Name Clty reeitlent (Yl1~~ ~L ~~ ~c fl U g~xb-ii ~ ~o~MRA,~ Es '$~' ' ~ ~ _ ~ L~ 1 G ~ ~ ~ i 7 /ac h f-4, ~~ /Yd .r g ~0 ~~iVNr F'~2_ Lt.t~ ff D ~ E , t F~ rks c.s '6 z < 4 ~ ~ C.A ~ " S • ATTACHMENT C SUBMITTED ANALYSIS OF EXISTING SIMILAR BUSINESSES • • _:~ . x;~ :t •. ;~ L[;CE ~~~u~~~lzn ,, ,~ .., ...~ ...~u ~ ; s ., _, . IENNIFER LA FONDCHAV DIRECT DIAL AND F.4X NUMeERS619.699 2537 EMAIL ADDRESS jchavez~uluce.com June 16, 2011 VIA E-MAIL & U.S. MAIL Ms. Edmelynne V. Rutter Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92780 ~co.v..n~•,~ ;t •io 1 ~".;1 %~~~ . 3h '.J,~l RECEIVED ~uN 1 ~ zoll COMMUNITY p~EIOPME ~pEP7' 38415-7286 Re: Walgreens/Proposed Code Amendment -Citywide Im act Dear Edmelynne: P Analysis In response to Walgreens' proposed Code Amendment, you asked 'mPact a~~alysis. Specifically, you asked us to determine how man the City, that the City identifies as within SIC Code num us to conduct a Citywide between !2,000-14,999 square feet. We submitted a hers 5411 ande5912, opera eeln stores of Public Records Act request to the City for that information. In response, the City's Business Licensing otfce rov' businesses. Of those 35 businesses, 21 already sell alcohol for offsite c P Idcd us with a list of 35 ~rype 20 or Type 2 ] ABC license. Buildin onsumption pursuant to a only two!-Walgreens and Critical Care SygstPms (a medical sum !!ping 14 businesses reveal that square foot space) are located in buildings of between 12,000-14,999 s uare f two stores could theoretically utilize the Code A pp Y business occupying a 12 X67 given the other justifications we offered in our ea q eet. As only those mendment to offer limited alcohol sales, and Walgreens' proposed revision. rller submission, strop su g pport exists for I have enclosed for yow reference a co py o the list of 35 businesses provided by the City. I have marked up that list to identify which businesses already hold a ~ license and have also included some information from the ABC's licenses. Also enclosed for your reference is a co Type `0 or Type 2l ABC businesses provided by the City in response to our Pub ' website concerning those py of the building permits for the remaining lIC Records Act request. ~ The square footages for Health y specified on the buildin ~~ at 14(ig2 Newport Avenue and India Sweets & Spices at 14441 Newport Avenue were ncx feet B permits, but it seems clear from Google Maps that these establishments v Aerate from spaces smaller than 12,000 square 1015509'4.2 • • • /, nit ,.. c.., Fv• .~~ ... n I . .. a.i L~'CE ~(~~R1~,~RD • r Ms. Edmelynne V. Huffer June 17, 201 I 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. Sincerely, -_., ,~ C~~., Jennifer La Fond Chavez for LUCE, FORWARD, HAMILTON & SCRIPPS t.t.P JLC/ Enclosures cc: Michael Redstone, Esq. • • 101550924.2 N 4! p O 1~ Q ~ O p o ° ~ ~ ul ro w"> o w~ ° ~ ' o ~ ~ H H > ~? U ~ h U F, r--/ F H a~ '~ U ~ E., O ,-~ ~D .~ r ~ "' ~ M .i H b mTl ~ N \ Q1 p ~ ~ O ~ W~ '° ° H C! \ ~ .-, ~ N \ \ ~ A •rl tl1 O M N ~ - ~~ \ \ N~ ~CLO lf l \\ . i M \\ oM \ OM r cN \ O ti O ~ O O O ° O O° O 0 0 o ~ ~ H 7 ~ ~ W ~? 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Uw C ~' rr ~ 0 ~ a as w c • y ~~ ~ ~ m b H N G m tr~ a ~ y O 3 J~- W Z ~ ~ a ,d H ~ T :J ~ a z .~ C N 11 3 O .-i y y y ~ W ~ ~ ~ J. z ~.n o ~ u u cn u.~ a ~ ~ .~ ;-; a ~ b~ ri F C v~ ~H~ ~ .~ E.y 3 :n .... ~ o ~ o F ~ W zH0 U N \ 0 Or. u m UO~Ui ~ 0 • • California ABC -License Query System -Data Summary ~--~ California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 ..icense Information icense Number: 344304 rim Owner: CHEVRON STATIONS INC C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: CHEVRON STATIONS INC 1807 usiness Address ddress: 17241 17TH ST Census Tract: 0757.01 it : TUSTIN Count :ORANGE fate: CA Zi Code: 92780 icensee Information icensee: CHEVRON STATIONS INC Com an O cer In ormation Officer: MELITAS, IRENE JANE DIRECTOR OtlFicer: OLIVER, LARRY JOE DIRECTOR Officer: PARFITT, COLIN ERNEST DIRECTOR Officer: SPARKS, ADAM DIRECTOR Officer: SPARKS, ADAM DIRECTOR Officer: BRECHTEL, WARREN JOSEPH SECRETARY/ASST SEC Officer: HEELING, TERESITA ESTRADA TREASURER Officer: PETH, STEVEN HARRY TREASURER Officer: STOUGH, SELLERS III TREASURER Officer: CASADONT, PAUL DAVID VICE PRESIDENT) Officer: DUFFY, MARY LOUISE VICE PRESIDENT Officer: RHENEY, KAREN SABRINA VICE PRESIDENT/SECRETARY ,icense T es 1 License T : 20 -OFF-SALE BEER AND WINE License T e Status: ACTIVE Status Date: 04-MAR-1999 Term: 12 Month s Ori nal Issue Date: 04-MAR-1999 Ex iration Date: 29-FEB-2012 Master: Y Du licate: 0 Fee Code: P40 'urrent Disci linar action .. No Active Disci lira Action ound .. . isci dinar History Page 1 of 2 California ABC -License Query System -Data Summary .. No Disciplinary Histo found I old Information .. No Active Holds ound .. . 'snow .. No Escrow ound .. . ---End of Report--- For a definition of codes, view our ~,lo,sary. Page 2 of 2 • • • • • California ABC -License Query System -Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 ,icense [nform~tiou icense Number: 479559 rimar Owner: GARFIELD BEACH CVS LLC C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: CVS PHARMACY 8890 usiness Address ddress: 17642 17TH ST Census Tract: 0755.04 It : TUSTIN Count :ORANGE fate: CA Zi Code: 92780 icensee Information icensee: GARFIELD BEACH CVS LLC Com an O cer In ormation Officer: CVS PHARMACY INC MANAGING MEMBER icensee: LONGS DRUG STORES CALIFORNIA LLC Com an O cer In ormation 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 PRESIDENT/TREASURER icense "I' s 1 License T : 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 09-SEP-2009 Term: 12 Month s Ori 'nal Issue Date: 09-SEP-2009 Ex iration Date: 31-AUG-2011 Master: Y Du licate: 0 Fee Code: P40 License T was Transferred On: 09-SEP-2009 FROM: 21-=1393:12 'accent Disci linar Action .. No Active Disci Tina Action ound .. . isci linar Histor .. No Disci Tina Histo ound .. . old Information .. No Active Holds ound .. . Page 1 of 2 California ABC -License Query System -Data Summary Page 2 of 2 .. No Escrow found ... I ---End of Report--- For a definition of codes, view our ~loss;u-y. • • Fattn•//avvrav o4an nn nn../.7..~.,,...~R /lh.~_a_ _ _ _/17T ..~.,.....n.... • • California ABC -License Query System -Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 .icense Information icense Number: 194420 rimer Owner: VONS COMPANIES INC THE C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: VONS 2324 usiness Address ddress: 17662 17TH ST Census Tract: 0755.04 it : TUSTIN Count :ORANGE fate: CA Zi Code: 92780 Licensee Information icensee: VONS COMPANIES INC THE Com an O cer In ormation Officer: KELLER, THOMAS C PRESIDENT Ott3cer: 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) Officer: FOX, BRADLEY STUART VICE PRESIDENT/TREASURER icense Tv es 1) License T e: 21 -OFF-SALE GENERAL License T e Status: ACTIVE Status Date: 09-FEB-1987 Term: 12 Month s Ori 'nal Issue Date: 09-FEB-1987 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 urrent Uisci liner Action .. No Active Disci line Action ound .. . )itici linary Histor .. No Disci Tina Histo ound .. . old Information old Date: 29-JUL-1997 T :FORM 220 Escrow .. No Escrow ound .. . Page 1 of 2 California ABC -License Query System -Data Summary Page 2 of 2 ---End of Report--- • For a definition of codes, view our loss;u . • l,rr..•//..,........1.,.,,.. ~,...ia-.---ten .-,.. r .,..-. .,...._.._ . • r~ • California ABC -License Query System -Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 f ! _ r n 4~.~cruse ,nrormaaon icense Number: 129 imar Owner: VONS COMPANIES INC THE C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: VONS 2146 usiness Address ddress: 550E 1ST ST Census Tract: 0755.05 it : TUSTIN Count :ORANGE fate: CA Zi Code: 92780 icensee Information icensee: VONS COMPANIES INC THE Com an O cer In ormation Officer: KELLER, THOMAS C PRESIDENT 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 Officer: FOX, BRADLEY STUART VICE PRESIDENT/T'REASURER icense T es 1) License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 28-SEP-1982 Term: 12 Month s Ori 'nal Issue Date: 28-SEP-1982 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 urrent Disci ling Action .. No Active Disciplinary Action found Disciplinary History . No Disciplina History found Hold Information .. No Active Holds found .. . Escrow .. No Escrow ound .. . Page 1 of 2 }atin•//uni~w a}an nn nn../.~n~.....w/T /,o a_._ _ _ n.r~ ........... ~. California ABC -License Query System -Data Summary Page 2 of 2 ---End ofRepon--- • For a definition of codes, view our ~~los.ary. • • httn•//www ahr~a onv/rlarnn,-t /T llc.ior~ o~..~Tr~_t[)Z'2m~t ~„ ,,,,~~ ~J C, • California ABC -License Query System -Data Summary '-~ California Department of Alcoholic Beverage Control License Query System Summary as of 6/l3/2011 µ.~crnsr in~ormat~ou icense Number: 56782 rim Owner: THRIFTY PAYLESS INC C Office of A Gcation: 11 -SANTA ANA usiness Name oin Business As: RITE AID STORE 5755 usiness Address ddress: 630E 1ST ST Census Tract: 0755.05 it : TUSTIN Count :ORANGE tate: CA Zi Code: 92780 icensee Information icensee: THRIFTY PAYLESS INC Com an O cer In ormation Officer: BLACK, KENNETH C PRESIDENT Officer: SCHROEDER, MATTHEW TREASURER Officer: PODGURSKI, MICHAEL VICE PRESIDENT Officer: GELMAN, IRWIN LAWRENCE VICE PRESIDENT/SECRETARY Officer: YOUNT, MICHAEL C VICE PRESIDENT/SECRETARY icense T es 1 License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 21-MAY-1997 Term: 12 Month s Ori 'nal Issue Date: O1-JAN-1994 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 'urrent Disci linar Action Re .Number: 08068050 isci linar Histor Re .Number: 06062362 1 Section:25658(a) 2 Section:24200(a&b) Proceedin Status: CLOSED Decision: SUSPEND Sus ension Da s: 10 Sta ed Da s 10 POIGFine: Sus ension Start Date: Sus nsion End Date: Re Nu b 950 g. m er: 32484 Page 1 of 2 California ABC -License Query System -Data Summary 1) Section: 25658(a) I 2 Section: 242 a&b) Proceedin Status: CLOSED Decision: POIC Sus ension Da s: 15 Sta ed Da s 0 POIC/Fine: 3000 Sus nsion Start Date: Sus nsion End Date: Hold Information .. No Active Holds ound .. . [?scrow .. No Escrow ound .. . ---End of Report--- For a definition of codes, view our ~lossarv. Page 2 of 2 C~ • • r~ u • California ABC -License Query System -Data Summary ~~ California Department of Alcoholic Beverage Control License Query System Summary as of 6/l3/2011 ,icense [ntormatiou icense Number: 479480 rimar Owner: GARFIELD BEACH CVS LLC C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: CVS PHARMACY 8877 usiness address ddress: 671E 1ST ST Census Tract: 0755.05 it : TUSTIN Count :ORANGE fate: CA Zi Code: 92780 icensee [nformation icensee: GARFIELD BEACH CVS LLC Com an O cer In ormation Officer. CVS PHARMACY INC MANAGING MEMBER icensee: LONGS DRUG STORES CALIFORNIA LLC Com an O cer In ormation 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 PRESIDENT/I'REASURER icense "f es 1) License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 03-SEP-2009 Term: 12 Month s Ori final Issue Date: 03-SEP-2009 Ex iration Date: 31-AUG-2011 Master: Y Du licate: 0 Fee Code: P40 License T e was Transferred On: 03-SEP-2009 FROM: 21-=139371 `urrent Disci ling Action .. No Active Disci Tina Action ound .. . isci linar Histor .. No Disci lina Histo - ound .. . uld Information .. No Active Holds ound .. . Page 1 of 2 t,..... ia..........~.,. _- --- , , . ,...,.. --- - - California ABC -License Query System -Data Summary I~scrow II .. No Escrow found .. . ---End of Report--- For a definition of codes, view our lossai . Page 2 of 2 • • • California ABC -License Query System -Data Summary • • --~ California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 .icense Inti-rmation icense Number: 488083 rime Owner: HENRYS HOLDINGS LLC BC Office of A lication: 11 -SANTA ANA I3usinesg Name in Business As: HENRYS FARMERS MARKET STORE 223 usiness Acldress ddress: 3011 EL CAMINO REAL Census Tract: 0525.24 i : TUSTIN Coun :ORANGE fate: CA Zi Code: 92782 Licensee information icensee: HENRYS HOLDINGS LLC Com n O cer In ormation Officer: ALVARADO, DONALD GERARD MANAGER Officer: GOLLEHER, GEORGE G MANAGER Officer: PHEGLEY, RICHARD NEAL MANAGER Officer: BERGER, JAN VICE PRESIDENTlTREASURER License T s 1 License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 12-MAY-2010 Term: 12 Month s Ori nal Issue Date: 12-MAY-2010 Ex iration Date: 30-NOV-2011 Master: Y Du llcate: 0 Fee Code: P40 License T was Transferred On: 12-MAY-2010 FROM: 21-=15651(1 'urrent Disci liner Action .. No Active Disci line Action ound .. . isci liner Histor .. No Disci Tina Histo ound .. . old Information old Date: 03-NOV-2010 T :SPECIAL HOLD I'.SC CU W .. No Escrow ound .. . - - -End of Report - - - • For a definition of codes, view our lossa Page 1 of I httn•//~u~uw a~~ ra nn../.~nf....M/T no a..._ _ _ _ nrr. .., .. ~...,., California ABC -License Query System -Data Summary ~. California Department of Alcoholic Beverage Control - License Query System Summary as of 6/13/2011 ,icense lnformation icense Number: 240115 rim Owner: NGUYEN, BA VAN C Oft3ce of A lication: 11 -SANTA ANA usiness ~1~me oin Business As: SHIRLEYS IN & OUT FOOD MARKET usiness address ddress: 725 EL CAMINO REAL Census Tract: 0755.05 it : TUSTIN Count :ORANGE fate: CA Zi Code: 92780 icensee Information icensee: NGUYEN, BA VAN icensee: NGUYEN, B INH THANH Llcentie ~I'v S 1) License T e: 20 -OFF-SALE BEER AND WINE License T Status: ACTIVE Status Date: 04-DEC-1989 Term: 12 Month s Ori 'nal Issue Date: 04-DEC-1989 Ex iration Date: 31-MAY-2012 Master: Y Du licate: 0 Fee Code: P40 'urrent Disci liner Action .. No Active Disci line Action ound .. . isci linarv Histor .. No Disci Tina Histo ound .. . old Information .. No Active Holds ound .. . ,crow .. No Escrow ound .. . ---End of Report--- For a definition of codes, view our lossar . Page 1 of 1 • • r~ u {attal•//unvav o{~n nn n..•./.J..•....~/T !1(x.1...- __._nrr~ .n•.in,,.,, California ABC -License Query System -Data Summary • • ~-; California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/ZOll .icense Information icense Number: 301638 rima Owner: MRS GOOCHS NATURAL FOOD MARKETS INC BC Office of A lication: 11 -SANTA ANA usiness ;Nome in Business As: WHOLE FOODS MARKET INC Business Address ddress: 14945 HOLT AVE Census Tract: 0755.05 it : TUSTIN Coun :ORANGE fate: CA Zi Code: 92780 .icensee Information icensee: MRS GOOCHS NATURAL FOOD MARKETS INC Com an O er In ormation Officer: BRADLEY, PATRICK EDWARD PRESIDENT Officer: PERCIVAL, ALBERT EDWARD SECRETARY/ASST SEC Officer: JORDAN, W1I.L.IAM EARL VICE PRESIDENT Officer: KHOURY, GEORGE ISSA VICE PRESIDENT Officer: LANG, ROBERTA LYNN VICE PRESIDENTlI'REASURER .icense Tv yes 1 License T : 20 -OFF-SALE BEER AND WINE License T Status: SURRENDERED Status Date: 20-DEC-2007 Term: 12 Month s Ori 'nal Issue Date: 19-JUN-1995 Ex ;ration Date: 31-MAY-2012 Master: Y Du !;cafe: 0 Fee Code: P40 'urrent Ui~ci ling Action .. No Active Disci Tina Action ound .. . isci linar Histor .. No Disci lina Histo ound .. . Hold Information .. No Active Nolds ound .. . Escrow .. No Escrow ound .. . ---End ofRepon--- • For a definition of codes, view our *lo~sa ~, Page 1 of 1 httn•//tanxnv ahr~ ~a n.,.,/.7.,~..,.ra/- nc .~_.- ---nTr. ..,.,.,....,. California ABC -License Query System -Data Summary ~~ California Department of Alcoholic ' Beverage Control License Query System Summary as of 6/l3/2011 .icense [nformatiou ,icense Number: 407331 rimary Owner: RALPHS GROCERY COMPANY .BC Office of Application: 11 -SANTA ANA usiness Name oink Business As: RALPHS 187 u5iness Address ddress: 1130 IRVINE BLVD Census Tract: 0755.06 ity: TUSTIN County: ORANGE :ate: CA Zip Code: 92780 icensee Information icensee: RALPHS GROCERY COMPANY CO//IDQ/1V nf~tror lnfn~n...t:.... .icense Type; 1) License 7 License Officer: DILLON, DAVID B (DIRECTOR/GENERAL MANAGER) Officer. SCHLOTMAN, JOHN MICHAEL (DIRECTOR/GENERAL ANAGER) Officer: DONNELLY, MICHAEL J PRESIDENT Officer: GACK, BRUCE M (SECRETARY/ASST SEC) Officer: ROBERTS, DOROTHY D SECRETARY/ASST SEC Officer: SARRA, MARTHA OUTRIGHT 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 ESIDENT/SECRETARY) Officer: PETERS, GREGORY SCOTT VICE PRESIDENT/SECRETAR Officer: PROUGH, STEVEN JOHN VICE PRESIDENT/SECRETARY Officer: AALBERG, JAMES C VICE PRESIDENTlTREASURER Officer: HENDERSON, SCOTT M VICE PRESIDENT/TREASURER Officer. CANNERY, PAUL DAVID (VICE PRESIDENT/TREASURER~ 21 -OFF-SALE GENERAL Status: ACTIVE Page 1 of 2 • • r~ l California ABC -License Query System -Data Summary Status Date: 31-DEC-2003 Term: 12 Month(s) Ori final Issue Date: 31-DEC-2003 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 License T was Transferred On: 31-DEC-2003 FROM: 21-310168 'urrent 1)isri liner :lction .. No Active Disci line Action ound .. . Disci liner History .. No Disci lira Histo ound .. . Hold Information .. No Active Holds ound .. . .scrow .. No Escrow ound .. . ---End of Report--- • For a definition of codes, view our clossary. Page 2 of 2 }+tt'1•~~++r+v++r nil. nn nn../.7 ..~.....-~R /1(~J_a_ _ _ n~r~ +n+n.+.... .. r California ABC - "~~A~~"~-~~.~,~.~ ,~~ :~.~* ,~..~. ,> License '~ ~~~?, Query System -Data Summary ~~~~~~` '~` " Page 1 of 2 ~"" Cal' • ifornla Department of Alcohol' Beverage Control lc License Query System Summa as of 6/13/2011 ~ ,icense [nf~~rm~tion icense Number: 310933 ~~ Owner: THRIFTY pgyLESS INC C Office of A lication: 11 - usiness Name SANTA ANq oin Business As: RITE AID STORE 5754 usiness Address ddress: 13151 JAMBOREE RD it : TUSTIN Census Tract: 0756.07 Count :ORANGE tale: CA Zi Code: 92782 icensee Information icensee: THRIFI'y pAYLESS INC Corn an O cer In o rmation OD3cer: BLACK, KENNETH C Officer: SC PRESIDENT HROEDER, MATTHEW Ot~icer: PODGURSKI, MIC TREASURER Officer: GELMAN IR HAEL VICE PRESIDENT . WIN LAWRENCE VICE PRESIDENT/SECRETAR Officer: YOUNT, MICHgEL C VICE PRESIDENT/SEC [_icentie T es RETARY 1) License T : 21 - OFF_SALE GENERAL License T e Status: ACTIVE Status Date: 21-MAY-1997 Ori final Issue Date: 28-SEP-1995 Tern~• 12 Month s Master: y Ex iration Date: 30-JUN-2011 Du licate: 0 Fee Code: P40 License T e was Transferred On; urrent Disci linary Action 28-SEP-1995 FROM; 21-xO4709 . No Active Disci Tina Action ound .. . cr~.,~:....__.... . ~e • Number: 99047239 1) Section: 25658(a) 2 Section:24200(a&b) Proceedin Status: CLOSED Decision: POIC Sus nsion Da s: 15 Sta ed Da s Sus ension Start Date• Sus POIGFine: 3000 Pension End Date: • California ABC -License Query System -Data Summary Mold Information .. No Active Nolds ound .. . • 'scrow .. No Escrow ound .. . ---End of Report--- For a definition of codes, view our ~~loss:u~y. • • Yage 1 of 2 httn•//www ah~ ca vnv/clatnnrt/T.(14clata acn~TT?=19'iRfil9'i h/14/7(11 1 California ABC -License Query System -Data Summary ' California Department of Alcoholic Beverage Control License Query System Summary • as of 6/13/2011 .icense Information .icense Number: 407332 'ri ary Owner: RALPHS GROCERY COMPANY -BC Office of Application: 11 -SANTA ANA business Name going Business As: RALPHS 139 Business Address ,ddress: 13321 JAMBOREE RD Census Tract: 0756.07 'ice TUSTIN County: ORANGE tate: CA Zip Code: 92782 icensee Information icensee: RALPHS GROCERY COMPANY .icense I'vpe 1) License 7 License Officer: DILLON, DAVID B (DIRECTOR/GENERAL MANAGER) Officer. SCHLOTMAN, JOHN MICHAEL (DIRECTOR/GENERAL ,~~D~ Officer: DONNELLY, MICHAEL J PRESIDENT Officer: GACK, BRUCE M (SECRETARY/ASST SEC) Officer: ROBERTS, DOROTHY D SECRETARY/ASST SEC Officer: SARRA, MARTHA OUTRIGHT 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 IDENT/SECRETARY) Officer: PETERS, GREGORY SCOTT VICE PRESIDENT/SECRETARY 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) 21 -OFF-SALE GENERAL Status: ACTIVE Page 1 of 2 • • • 1.rr..•//..........,L........~,...ia-.__.~n gyn. ...,~. ...~..,..__ California ABC -License Query System -Data Summary ~~ ~~ Status Date: 31-DEC-2003 Term• 12 Month(s) Ori final Issue Date: 31-DEC-2003 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License T e was Transferred On: 31-DEC-2003 FROM: 21-310169 'urrent Disci ~linarv :lotion .. No Active Disci Tina Action ound .. . Disci liuar History Re .Number: 06062285 1 Section:25658a 2 Section: 24200(a&b) Proceedin Status: CLOSED Decision: ALL STAYED Sus erasion Da s: 10 Sta ed Da s 10 POIC/Fine: Sus erasion Start Date: Sus erasion End Date: old Information .. No Active Holds ound .. . 'scrow .. No Escrow ound .. . - - -End of Report - - - • For a definition of codes, view our blossary. • Page 2 of 2 ~}f.~•~~~~n.n•r n{~n nn nn../.J n........R /1C~.1 ,,.- ____r11T ~nnn innn California ABC -License Query System -Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 .icense Information :icense Number: 427304 'rimary Owner: 7 ELEVEN INC ABC Office of Application: 11 -SANTA ANA iutiiness Vame Joint; Business As: 7 ELEVEN STORE 2172 13799B tusiness :~cldress -ddress: 16791 MCFADDEN AVE Census Tract: 0744.08 'ity: TUSTIN County ORANGE fate: CA Zip Code: 92780 icensec Information icensee: 7 ELEVEN INC Cv/I2DQnV (~fti~or 1nPn.».,.~;.... 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 SEC) Officer: PICHININO, CRAIG (SECRETARY/ASST SEC) Officer: VARELA, ANTONIO ENRI UE SECRETARY/ASST SEC 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, KEV IN E (VICE PRESIDENT Officer: GAMBINA, FRANKS (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) Page 1 of 3 • ~J • ~J • 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, DARKEN 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/TREASURER icensee: SAP ENTERPRISES INC Com an O cer In ormation Officer: PATTAPHONGSE, ANNA PRESIDENT Officer: PATTAPHONGSE, SOMSAK SECRETARY/ASST SEC License '1' es 1 License T e: 20 -OFF-SALE BEER AND WINE License T e Status: ACTIVE Status Date: 20-JUL-2005 Term: 12 Month s Ori 'nal Issue Date: 20-JUL-2005 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 License T was Transferred On: 20-JUL-2005 FROM: '0-?7fi~61 2 License T e: 30 -TEMPORARY PERMIT License T e Status: EXPIRED Status Date: 13-JUN-2005 Term: 4 Month s Ori 'nal Issue Date: 13-JUN-2005 Ex iration Date: 10-OCT-2005 Master: Du licate: Fee Code: License T e was Transferred On: 20-JUL-2005 FROM: ?0-276-161 'urrent Disci linar .lotion .. No Active Disciplina Action found Disciplinary History .. No Disciplinary History found Hold Iuformxtion .. No Active Holds found . . Escrow .. No Escrow found .. . ---End of Report--- Page 2 of 3 }1f1T'~hx/a1/alI OFll~ no nn../~n~....~.R !1(~J_._ .. n... .,,,,,,,,,,~~ California ABC -License Query System -Data Summary Page 3 of 3 For a definition of codes, view our rIOStiBry. • • • }lftn•~~~~m n~. non nn .. •.•./.~.. •.+...~R /1C~J_a_ _ _ n7T • nnn.. .. ...~ • • • California ABC -License Query System -Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 ,icense Information icense Number: 284730 rimer Owner: CIRCLE K STORES INC C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: CIRCLE K STORE 3046 usiness Address ddress: 12892 NEWPORT AVE Census Tract: 0755.04 it : TUSTIN Count :ORANGE tate: CA Zi Code: 92780 icensee Information icensee: CIRCLE K STORES INC Com an O cer In ormation 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 '[' s 1) License T : 20 -OFF-SALE BEER AND WINE License T Status: ACTIVE Status Date: 16-JUL-1993 Term: 12 Month s Ori 'nal Issue Date: 16-JUL-1993 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 'urrent Disci linar Action .. No Active Disci Tina Action ound .. . isci linar ~ Histor .. No Disci Tina Histo ound .. . uld Information .. No Active Holds ound .. . Page 1 of 2 }lttn•//unanir ~}~r ro nn../.7.. ~.....w /i /'1 c~.7 _._ ___n~r~ ........ .. ... California ABC -License (,Zuery Jystem - t~ata summary ragC ~ ui ~ craw ~~ No Escrow found • ---End of Report--- For a definition of codes, view our ~lossar . • • httn•//www ahc.ra anv/~Tatnnrt/T .(1Srlata asn?TT)_19~.1(1R4~ fi/14/x(11 1 r~ • California ABC -License Query System -Data Summary ' ~ California Department of Alcoholic Beverage Control License Query System Summary as of 6/l3/ZOll .,icense (nformation icense Number: 440894 rima Owner: NEW ALBERTSONS INC C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: ALBERTSONS 6574 usiness Address ddress: 13274 NEWPORT AVE Census Tract: 0755.06 it : TUSTIN Count :ORANGE fate: CA Zi Code: 92780 icensee [nformation icensee: NEW ALBERTSONS INC Co an O cer In ormation Officer: BOEHNEN, DAVID LEO PRESIDENT Officer: KNOUS, PAMELA K VICE PRESIDENT Officer: MENDES, RONALD TERRY VICE PRESIDENT Officer: BREEDLOVE, JOHN P VICE PRESIDENT/SECRETARY Officer: BOYD, JOHN FRANCIS VICE PRESIDENT/TREASURER .icense Tv es 1 License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 23-AUG-2006 Term: 12 Month s Ori 'nal Issue Date: 23-AUG-2006 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 License T was Transferred On: 23-AUG-2006 FROM: ? 1-380316 2 License T : 30 -TEMPORARY PERMIT License T Status: EXPIRED Status Date: 02-JUN-2006 Term: 4 Month s Ori nal Issue Date: 02-JUN-2006 Ex iration Date: 29-SEP-2006 Master: Du licate: Fee Code: License T was Transferred On: 23-AUG-2006 FROM: 21-380316 'urrent Disci linar Action .. No Active Disci lina Action ound .. . isci linar History Page 1 of 2 California ABC -License Query System -Data Summary Page 2 of 2 Key. Number: 08067968 I 1 Section. 25658 (a) • 2 Section. 24200 (a&b) Proceeding Status: CLOSED Decision• POIC Suspension Days: 15 Stayed Days POIC/Fine 3000 Suspension Start Date• Suspension End Date -Iuld Information .. No Active Holds found ',scr~»v .. No Escrow found .. . ---End of Report--- For a definition of codes, view our elossary. u h1Yn•~~tLtvty n{~n nn ....../.~.........vR nnJ_._ _. n~r~ .n.. ....... • • California ABC -License Query System -Data Summary California Department of Alcoholic `~ • Beverage Control - License Query System Summary as of 6/l3/20I1 License Information icense Number: 430599 rima Owner: MRS GOOCHS NATURAL FOOD MARKETS INC C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: WHOLE FOODS MARKET usiness address ddress: 2847 PARK AVE Census Tract: 0755.15 it : TUSTIN Count :ORANGE tate: CA Zi Code: 92782 icensee Information icensee: MRS GOOCHS NATURAL FOOD MARKETS INC Co an O cer In ormation 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 PRESIDENT/TREASURER icense Tv s 1) License T e: 41 - ON-SALE BEER AND WINE -EATING PLACE License Type Status: ACTIVE Status Date: 09-AUG-2007 Term• 12 Month(s) Ori~nal 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 2011 Master: Y DupGcate• 0 Fee Code P40 Condition: OPERATING RESTRICTIONS 3) License Type: 21 -OFF-SALE GENERAL • License T e Status: ACTIVE Status Date: 09-AUG-2007 Term: 12 Month(s) Page 1 of 2 httT•//www ah~ ra anv~rlornnrh/T nc.J...., ,.__~1T11 gyn....... C:al~tornia AnL - t/~cense query system - uata summary Original Issue Date: 09-AUG-2007 Expiration Date: 31-JUL-2011 Master: Y Du licate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS urrent Disci linar :fiction .. No Active Disci lino Action ound .. . )isci liuarv Histo .. No Disci lina Histo ound .. . Hold Information .. No Active Holds ound .. . ,sCrow .. No Escrow ound .. . ---End of Report--- For a definition of codes, view our ~lossar . r agc c vi [, r~ C7 • httn•//www ah~ ra v~v/~atn~rt/T.fl4~lata acn~i11=1944.411 (!14/7(111 r~ U • • Cal;fornia ABC -License Query System -Data Summary ~=~ California Department of Alcoholic Beverage Control - License Query System Summary as of 6/l3/2011 ,icense Information icense Number: 112844 rima Owner: STATER BROS MARKETS C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: STATER BROS MARKETS 37 usiness Address ddress: 14171 RED HILL AVE Census Tract: 0755.12 it : TUSTIN Count :ORANGE tate: CA Zi Code: 92780 icensee Information icensee: STATER BROS MARKETS Co an O zcer In ormation Officer: BROWN, JACK H CHAIRMAN Officer: FIELD, THOMAS W JR DIRECTOR/GENERAL MANAGER Officer: SKIPPER, RONALD GORDON DIRECTOR/GENERAL MANAGER Officer: LEE, JIM PRESIDENT Officer: VARNER, BRUCE D SECRETARY/ASST SEC Officer: FRAHM, GEORGE ALFRED VICE PRESIDENT) Officer: MCINTYRE, DENNIS LAWRENCE VICE PRESIDENT Officer: SMITH, PHILLIP J VICE PRESIDENT/'1'REASURER icense 'f es 1) License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 28-APR-1983 Term: 12 Month s Ori nal Issue Date: 28-APR-1983 Ex iration Date: 30-APR-2012 Master: Y Du licate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS 'urrent Disci linar Action .. No Active Disci lino Action ound .. . i5ci linar Histor .. No Disci Tina Histo ound .. . old Information .. No Active Holds ound .. . Page 1 of 2 httn•//www ahr ra Q...,/~~t....rrR nca,.... ,.__~r.. .,,,.,.,..., California ABC -License Query System -Data Summary Page 2 of 2 .scrow .. No Escrow found ... • ---End of Report--- For a definition of codes, view our ~aoss:u-y. • • httn•//w~uw a{~r ro rtnv/.a.,t......~~T /IO,J..... ___n~r~ .nn.n•.~. • • • California ABC -License Query System -Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 ,icense Information icense Number: 449098 ima Owner: STAR FOOD INTERNATIONAL INC C Office of A IIcation: 11 -SANTA ANA usiness Name oin Business As: FRESHIA MARKET usiness Address ddress: 14551 RED HILL AVE Census Tract: 0755.15 it : TUSTIN Count :ORANGE tate: CA Zi Code: 92780 iccnsee Information icensee: STAR FOOD INTERNATIONAL INC Com an O cer In ormation Officer: PARK, STEVE SEOKHWAN PRESIDENT/SECRETARY .icense "fv es 1) License T e: 21 -OFF-SALE GENERAL License T e Status: ACTIVE Status Date: 30-JAN-2007 Term: 12 Month s Ori final Issue Date: 30-JAN-2007 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 License T was Transferred On: 30-JAN-2007 FROM: ? 1-399 l 81. -'urrent Uisci linarv Action .. No Active Disci Tina Action ound .. . )isci linar Histor .. No Disci lina Histo ound .. . old Information .. No Active Holds ound .. . ,scrow .. No Escrow ound .. . ---End of Report--- For a definition of codes, view our glossary. Page 1 of 1 httrr.//www ahc ~a anv/~at....rr/~ (1C.iorn .,~..`1TTl_t!1'1~tcn^r California ABC -License Query System -Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 .icense Information :icense Number: 385245 'rimary Owner: 7 ELEVEN INC 1BC Office of Application: 11 -SANTA ANA tusiness Name loins Business As: 7 ELEVEN STORE 2172 17839D ~u5~ness Address ,ddress: 610 W 1ST ST Census Tract: 0755.05 'ity: TUSTIN County• ORANGE tate: CA Zip Code: 92780 ~censee Information icensee: 7 ELEVEN INC Comnan v nfPzcvr ~., r,,..,.,..;., _ 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 SEC Officer: PICHININO, CRAIG SECRETARY/ASST SEC) Officer: VARELA, ANTONIO ENRI UE SECRETARY/ASST SF 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, FRAM{ 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 PRESIDENTI Page 1 of 3 • u • httn•//~u~utu ahr ra nn.,/.aor.,,.~r/T nca...,, ___nTr. ..,., .~,...,. California ABC -License Query System -Data Summary Officer: KAPOOR, RAJNEESH (VICE PRESIDENT • I 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 WIL.LIAMS (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/'7'REASURER icensee: DHAMI &DHAMI CORPORATION ~ Officer: DHAMI, RANDEEP SINGH (CHIEF FINANCIAL OFFICER) Officer: DHAMI, RANDEEP SINGH (PRESIDENT) Officer: DHAMI, RANDEEP SINGH (SECRETARY/ASST SEC) Officer: DHAMI, NAVJOT KAUR (VICE PRESIDENT) .rcense 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 Tune was Transferred On• 09-APR-2002 FROM '0 35822 2) Lrcense Type: 30 -TEMPORARY PERMIT License Type Status: EXPIRED Status Date: 11-FEB-2002 Term• 4 Month(s) Original Issue Date: 11-FEB-2002 Expiration Date 10 JUN 2002 Master: Duplicate• Fee Code• License Type was Transferred On• 09-APR-2002 FROM 20 35822 urrent I)rscrplinary Action .. No Active Disciplinary Action found isciplinary History .. No Disciplinary History found old Information .. No Active Holds_found .. . • ~ screw .. No Escrow found .. . Page 2 of 3 httn•//www ah~ ra vnv/~atrx~rr/T (1C~ara ocn7TT1-IOZ~cn~n California ABC -License Query System -Data Summary Page 3 of 3 ---End of Report--- . For a definition of codes, view our lossai• ~. • • httn•//www ah!` ~a anu/riatnnrt/T (1C.a..~.. .,...,7TT1- i n~ ~ cn~n • • • California ABC -License Query System -Data Summary ~~ California Department of Alcoholic Beverage Control License Query System Summary as of 6/13/2011 .icense Information icense Number: 388575 rima Owner: HAFSA CORPORATION C Office of A lication: 11 -SANTA ANA utiiness Name oin Business As: R RANCH MARKET usiness Address ddress: 1112 WALNUT AVE Census Tract: 0755.15 it : TUSTIN Count :ORANGE fate: CA ZI Code: 92780 Licensee Information icensee: HAFSA CORPORATION Com an O cer In ormation Officer: SHALABI, JOSE OTHMAN CHIEF FINANCIAL OFFICER Officer: SHALABI, KAIED ALBERTO OTHMAN (DIRECTOR/GENERAL ANAGER Offtcer: SHALABI, FARID OTHMAN PRESIDENT) Officer: CHO, MICHAEL CHUNGNAM VICE PRESIDENT/SECRETARY icense "Cv es 1) License T e: 20 -OFF-SALE BEER AND WINE License T Status: CANCELED Status Date: 21-APR-2003 Term: 12 Month s Ori final Issue Date: 21-OCT-2002 Ex iration Date: 30-SEP-2003 Master: Y Du licate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License T was Transferred On: 21-OCT-2002 FROM: ?0-28yy25 2) License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 21-APR-2003 Term: 12 Month s Ori 'nal Issue Date: 21-APR-2003 Ex iration Date: 31-MAR-2012 'Master: Y Du licate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License T was Transferred On: 21-APR-2003 FROM: 21-325964 3) License T e: 30 -TEMPORARY PERMIT Page 1 of 3 httn•//www ahr ra o~.,M~r.....+n nca...,. ......~ir__~n~nna~i California ABC -License Query System -Data Summary ~ License Type Status: EXPIRED Status Date: 20-MAY-2002 Term: 4 Mo Original Issue Date: 20-MAY-2002 Expi Master: Duplicate• Fee Code Condition: OPERATING RESTRICTIONS License Type was Transferred On• 21 APR 2003 4) License Type: 30 -TEMPORARY PERMIT License Tyne Status• EXPIRED Status Date: 20-MAY-2002 Term• 4 Mon Ortgtnal Issue Date• 20-MAY-2002 Expit :Master: Duplicate• Fee Code Condition: OPERATING RESTRICTIONS License Type was Transferred On• 21 OCT 2002 5) Ltcense Tyne: 30 -TEMPORARY PERMIT License Type Status• EXPIRED Status Date: 20-MAY-2002 Term• 4 Mont Ongtnal 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 Ltcense Type Status• EXPIRED Status Date: 20-MAY-2002 Term• 4 Mont) Ori~tnal Issue Date• 20-MAY-2002 Expir Master: Duplicate• Fee Code Condition: OPERATING RESTRICTIONS License T was Transferred On: 21-OCT-2002 7) License T e: 30 -TEMPORARY PERMIT License Type Status• EXPIRED Status Date: 20-MAY-2002 Term• 4 Month Ort~tnal Issue Date• 20-MAY-2002 Expiry Master: Duplicate• Fee Code Condition: OPERATING RESTRICTIONS License Type was Transferred On• 21 APR 2003 8) Ltcense 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 Ltcense Type was Transferred On: 21-OCT 2002 A\ • • T 1I\ TT\ IT/~T • n\) TTnI /1T Page 2 of 3 I nth(s) • ration Date 16 SEP 2002 FROM: 2 l -325963 i(s) Ilion Date: 16-SEP-2002 FROM: ~0-289925 ~s) lion Date: 16-SEP-2002 FROM: ? 1-3?596~ 's) ion Date: 16-SEP-2002 FROM: 20-2H9y25 ~~ on Date: 16-SEP-2002 FROM: 2 t -3 2596a ~n Date: 16-SEP-2002 • i • FROM: ?0-2R99~5 • • California ABC -License Query System -Data Summary License T e Status: EXPIRED Status Date: 19-OCT-2002 Term: 4 Month s Ori 'nal Issue Date: 19-OCT-2002 Ex iration Date: 15-FEB-2003 Master: Du licate: Fee Code: Condition: OPERATING RESTRICTIONS License T was Transferred On: 21-APR-2003 FROM: ~ 1-325964 10) License T : 30 -TEMPORARY PERMIT License T Status: EXPIRED Status Date: 19-OCT-2002 Term: 4 Month s Ori final Issue Date: 19-OCT-2002 Ex iration Date: 15-FEB-2003 Master: Du licate: Fee Code: Condition: OPERATING RESTRICTIONS License T was Transferred On: 21-OCT-2002 FROM: 20-289925 'urrent Disci linar ~-ction .. No Active Disci lina Action ound .. . isci linar History .. No Disci Tina Histo ound .. . old Information .. No Active Holds ound .. . I?scrow .. No Escrow ound .. . ---End of Report--- • For a definition of codes, view our ;lossary. Page 3 of 3 httll•//www ah~ ra o~v/~i~r.,,.rt/T nc,a,.... .....-~1TT ~ n ~ nor . i C:alitomia ABC -License Query System -Data Summary Page 1 of 2 California Department of Alcoholic • Beverage Control License Query System Summary as of 6/13/2011 .icense Information icense Number: 214971 rimer Owner: 7 ELEVEN INC C Office of A lication: 11 -SANTA ANA usiness Name oin Business As: 7 ELEVEN 2172 20705 usiness Address ddress: 15202 WILLIAMS ST Census Tract: 0744.08 it : TUSTIN Count :ORANGE tale: CA Zi Code: 92780 icensee Information icensee: 7 ELEVEN INC Co an O cer In ormation 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 SEC Officer: PICHININO, CRAIG SECRETARY/ASST SEC) Officer: VARELA, ANTONIO ENRI UE SECRETARY/ASST SEC) 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, FRANKS 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) • httn~//www.ahc.ca.Pnv/rjatnnrr/i nc,~~r~ ~~..~Tr,_tn'1~~~~c C:alirornia ABC -License Query System -Data Summary • ~~ U Officer: KAPOOR, RAJNEESH (VICE PRESIDENT) Officer: MITCHELL, KRYSTIN E VICE PRESIDENT Officer: OZEKI, SHIRO VICE PRESIDENT Officer: PACK, ALLEN P VICE PRESIDENT Officer: REBELEZ, DARKEN 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/I'REASURER icensee: PATEL, ANILKUMAR icensee: PATEL, NIRUBEN icense 'fv es 1 License T e: 20 -OFF-SALE BEER AND WINE License T Status: ACTIVE Status Date: O1-JUL-1988 Term: 12 Month s Ori 'nal Issue Date: O1-JUL-1988 Ex iration Date: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 'urrent Disci linary Action .. No Active Disci lina Action ound .. . isci linar Histor Re .Number: 06062469 1 Section:25658(a) 2) Section: 24200(a&b 3 Section: 25663 b) Proceedin Status: CLOSED Decision: DISMISS Sus ension Da s: Sta ed Da s POIC/Fine: Sus ension Start Date: Sus nsion End Date: Hold Information .. No Active Holds ound .. . .scrow .. No Escrow ound .. . ---End of Report--- • For a definition of codes, view our glossary. Page 2 of 2 httn~//www.ahc.ca.Q~v/r~atnr-rt/T nc,~~*., ~~.,~rn_,n~~,~~~ ~ ~i 4 ~ ° ~ o ° o y~j ~ O O ~ ~ O C O O V! q j N ; to W~ W O ~ ~ o ~ O ~ (~ ~ H N ~ W > W~ W t/ r O O U N 4 U U U F F. 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NO J DATE ISSUED MAIIIN ...r ~ sUIIDING ADDRESS QQ ~ ADDRESS CITY G ~ TRAC1 l01 eIOCK TEL. NEW A ARCHITEC NO• ~ ALTER REPArR ENGINEE MOVING OE IISH TEL. AOb ~ ~ NO. CONT A TOR W R Np U A DOA ES$ VALUE CITY ~ CITY / USE ZONE ZONING 3 L~IC~, NO~~~~~.rr STATE ~ COND111pNS `-"•c+~a~ • ~ 7 ~/~j'~S/ LIC, NO~~ _ STREETIMP~nuc..~.,.. o,+t~STINO eLOG. WORK TO g APPROVED PERFORMED G ~ TYPE CONS . ~ ~ FI NE .~ INSPECTION RECORD ---,_.,_ v 1- 13 -~ / o ? SIzE ~ ~ .t 2 (.7-~ SCi. FT, f ~ NO. OF .. STORIES FAhtIDLIE3 NEW App gLTER i O REPgIR ODEMOLISH - Q~I ~`~' a?.8U I hereby eeknowted ~ ^' + ~1 the above Inform ~ thst 1 hsve read thls eppllcetlon and a ~,~ ~ C ~ ? / ~• G I eoulatin etlon is correct end eorM to Me thst (I{:~ a ~ ~, U levee r p bulldln Comply with ell ~ ^- t' wrfan In .vloletlon of0~onstruciton, end~l shell nbt • ' APP Q n. ~r 21, tl ~ I State f • workmen' n-Play any ROugL -- .DATE S o Cellfornle. s compeneetloh• laws of the FOUNOATIQ-~AND`~ ~ ^ r~N 1 hereb '' "• '• Y Certify that 1 em properly'Ileeneed e• • tf-e State of Cellfornie .Bualn e ~ REINFpRt~~ eee end Prof a contractor undei o- epter 9, entl that such Itcensea eselonr Code, Division 3, ~ • em exempt fro ere In full force and a/fact, OR UN PINNING ~ Busln m the proviaiona of the DfRSIAg ~ -. ' ets end Profeuion^ Code, - 5tste~ of Celifornle • Olvlslon 3, ~ eptar 9, ' RQOF SHEETING .~ ~ ~/ SIQNgT(~AE ~ ~~ ` ROUGH FRAMING O PERMITTEE X ~ ~ c PLAN HECKEOBY +~ ~ r ~~ T--~..~._~ AFRO DR "WAIL .~f~-7y v7.." 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CMSw Tlect Ntxnpw• RedeveloPrn•nt Are•; S/C ProDwtT Ownw: ~0 5~3 A?LDCOLLEG6 BLVD.1200A BAV~~.- T?MANf221S AtCMtoct/Ertplnew; R.D. CJICINLERIXC t COMSTR007IM 1666 W, NAC1tOLIA AV6. SUIT! I GL CAJ011, CA 92020-1167 619/562-2255 C9MIlCiw: 111 CAP~HIL D[L~PNIA~, 1M C'IOflS ONtAR10, CA 91768 909/917-9117 J0~ DEEGIIM'TION: 'I - 1 [LlYE11 PC95-0218 OCCUPIMy Grtwro: Occvpeot lo•d; 92 IndwtMl SOrrpe Fe•C 0 TYP• of Conetruetlen: Ollice Sarue Fqt; ~ O Reerd•ntyl $Vu4r~ Fe•r; W«elbyfe Stlu«e flat: O 0 NumA•r of tMrde: GertQe SOwr• foot: 0 O Nurn°er of Storye; OtMr Sawn Fset: 0 R 0 Nr.+N•r of B•droomt: •tteurent $e•linp; O P Conrm•rcW S owr• F..r «kin° SD•c•e: 2199 AcntertNe Ierti vNwtan: t 15000.00 • rq: uBC Eartlon 1991 R•n Cneet: 250. OO i511 Zen A °u•de1o Pe1A1t' FM Fw. e 115.00 i31- Zon• a R ~ 0.00 aricel Mrm4: M •: 37. IS SMIP iN 0.00 •cMn:c•I f•rmK. Ptume.q hrmR: s : 0,00 Mleroftlm f•7: 53.16 OCFO F j•15 5 • SO prr hrrtwt; credaa P.rmit: ••: 0.00 R•l ww•tty Bawd: 0.00 0 00 PIN•tt krrp10W. Perrryt; D.QD IOWA PrOC•le f•e; O.OD Mies Fee . D.DD mow, ~,• bom•nr Ter . : 0.00 Penehy F•e: $ 0.00 T°'•'f11e S 662.16 0.00 Perwvt beue0 !~ }{){ Oae: 07/12/95 DERMfT131 ISSUED AND PERMI T NUMBERISI 895-0541, C95-0335, P95-0387 uaJJtlEn coNTRAC7olrE o°aARAnoN 1 nu•ey eH•m tha 1 fm t ISenf•d Contr•ct« wW« tM Prayrfan• of cne•t« 9lcor•mencu.° rnM S•ctron 70001 s/ dwuM ] of tM t~r+reM L he/•ft,q~ o I l.c.n.. 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OBree •~ cola, rWioeeJ en011 ~ ar ~'1~' Curer ~ Penr.w.- /eNw•r° n•een ( Ktien ~t~ ~R M C~°AMe°tw i trwnf• Uw /or tM 7o]t e. wrMw..r ~ ~?u^'~~ r«x+ker a P«mt to tort/nret, eN ~{wppy• d•rrrNiflr, a ~r•P•Y to rile . Mw to iu ~e•uenc•, eYe ^•MH tM •Pdec•wl I« wcn P«nth tlYn•d aaem«w Met M a ene s 4«ued DrreyeM td tM Dcovtelory 01 tM Centreet«'t Lrc•we• l^w IG1ept« f Itontrtunc.y wnn or ONttron J of tM °trtvaee ° holwtbm 0041 a tn•t M « M ~ 7~ eh«e/pm trrd tlq e•,y I« try a y euemet 70]1.7 ey fny tPWCMt lore •r~~ •«N•otlon. Awy rie4tgn a S•aron not m«• tMn rive IwnWry e.••n 15pp.001.tM ~DPit:Mt ro. cml D•n.M a ^ Ieeo`v^«adr•Weoenv.amye^'alsWM with weaee•tM•eele ce^tpenutren, wr do tM w«t «rd t1y et.vetue n net ntend•d a dl«y 1« reMlSectrM 7000. ButYt•ee t hel•eeyne Co1r, tM GenereeTen't lrewy end +~Meleer ruwc~wort NnreN °/ Mtrp•c}y wM °uedt a Iwirer•d tMr•ew, Drovyd Mar «Mnr•IatMeupt/ee or Mroem •mDlereed, heww«, Me tnwl/inp~o a• not rntewdW or On«rrd 1« e•y. P, ownw~ou/d« wA mpor•ntMl Y fo1/ Mtt.Y1 On• W« a Wwplayw. iM ~mpew r« Inrpofn el taNr~~ of prorM° IMt M « eNe dd not Au10 a ^ 1. n a waver o/the prpP«tV. em etelu•IyM, cerrtrecllrp wM tk•ryW CoW:ny to eerr•trtrct tM «ol•ct ISeetlew 7004, driwwe ~ helefrlorte Contractw'f lx•r7•l•w do•t not. wn«ap,ePe„t„Mre ~•~• « urrpray„ IIMM• eply 10 to e connteterlel Ictnte end wtrp cerKrlcle f« won Pnh•et• wwn • Dwttl•nr to tM Cdntrttcter't licence L•wl_ etrrwp 0 hererwne Cad. lac rM I etbwe+y re•eoM«: ~~ Oeu: WOtKIM' CDe1PEN3ATlpy 0[tXAty I ^~~ enrm und« penNry of p•rt,rry one a tM leb T~d•c r r new end rave mwrtYn t cMMGt• a cMtMrtp}O •eN- ttton: Wore«•. COrea^aa'oM1 .. pewOW faM 00 o1 Mel. urwr•1« rM oerl«nwc• a tM werk /« wn,ah Me p r~ror n feeu•d. tw/ Cow, far I Mw erN w.e rnenten WoA«'• Cerryenretbw vrr,wence, .• l w ~ c~~ , ~~ Vda Cade. Iw M• p•r/enn•wu el M• w«y rrrd uefc n MV W«`«y POIICY Y urrre« aa'l ~'•~VM1e1ed1 M•4IMG C1wMr NUetEER; T / COMPANY: ~~ 7 ~ ~. inv..b..n.v.e nrr e. taerM N rt• owr.rr • rb w horsed erMrr r1 top b trr n uO I I~OV Met In tM eerl«m•nce el M• w«t I« net ertyley tnr P•r•en in r w+•en tnl. wrrn,t fufrltct to tM Work«'. Carny«yoen bv.• a rCneNnlrrer w •t to Masrry MoWd Meeme f t Ie IM Were e~^1e. ens epee Mrt A 1 770p el tM V «'t Cemoenu od•. I N le c Orsvlelery or fecrlen IM•e Dreweent 3pnetrrn: ' ~, MO ehN W«k M'e CpwIP«fa•tIM COY« •~Irct ew rK Y« f0 Grrtelyl •°• ro WwRyk Mrrraw tnew«rd tod«r IItOD.ot]w, ti P•ntldee end eM fines uP le on• Tte^O•neeh•n, dtmeyt e• arowdW l« In tttbon J700 ~ tM t.tgr Code, end twarMY /•w, Ct>fIJITRUCTKN/ EMCY DMbmencle a M w~t I« wnrN MN tu~~ruetbn IeM•p Winer lo. tM GN CeMI. D•rnrt u IaeutW IS•ctyn 30E7 IFJ+oEIt•s NAVE: IFNDEA'! ADOIIESt: NAtA11DOUf MA>ZAIAU A/tp EMy~~ ^A0.110 fTATtMWTf1L(p ^O.C f.D Oet•~ a Det•: ~~~ Nat r•OtreN -~ r u.J.o. f•ee Pera ra ^ wA ^ IM-011TA/1T ADPMCerlen y h«e°Y m0M td M• etreAn ~ondtr«y end rMtnCt~ON ew /erM en tr kW I« a p«net rWi•ct to tM note INMM tNe tooec•rian y ,ti foMreaion. E•on D«eM upoe let +tlrwe ti•n•/h were n aer/ ~ end e•tA /•new et wlreee r•PrNt eM t rr•uh el eppkCaNrt a OrrwW urrd« « tw,rer,e.w is erty P«rnit ieav.d ee nu. aw m, trtd Mew. CM of TaM, 171 offic•n, a ha^"vM.M AOrd h«rnMfetM oreMrlOne O/ CA ants •~ ertbbWp ti tCCerdenCe wwn Me trots 2 0l M• Uw«m AawlnYtrlfrw cede. ~ pne n« 1• xrupT « r•ew «cvpaM.y Of to a«wrw vrtil I'wN ryoectbn eapovtl Mt E••rr r y afro eatn«tt•d ar tn4 rhf eOPeeen•rr and fta• IMt tM reeve Yn/~b• Ic«olY Metl ntve reed c wrM Y CM end Sta• Itwe r «nytgn r cerr•et. I ryr•• to DrerprRY a t• r.pnunt•tw•t a TM u[v b eM« ue~ Mlenltnrciren' end "WecWn PtrTef•e. tleev rwennen.e S.Ore Own«. ~ trecta,`or/ArwnentT/Ay~ slcrlA2 r. DAre Pvrlt • AWltw C.oldurod- Ae•eeq _ _ 'PtICATION FOR BUILDING PEi )T - -> ADplll qNT PLEASE Flll IN SNApEO AREA VNIy ~ -____, USE INDE B PENCIL BALI pOINi PEN OR OTHER NON , --...--.___ ERASABLE SUBSTANCE ~ CITY Of APPLICANT FILL IN THIS SHAPED AREA ~''~E y TUSTIN ONLY -FILL INCOMPLETELY ~ ~A ', ~ ~V~ ~ .MIDI a 15181 AooRESa - r /En ~D oZ T ~, ^ ~ a .J ,~ A v Np ATE ISSUEO -5 f-rrbC ~ I rn UIIDING i ~L.I T_ r„ ~. ~.~~, AILING A ,,~ OGRESS _ ADORE34 ~~' yt~j.t f // ¢ a rd~t ;pT - E~ ~ ~ CIT~` ~ / I I ~ t \ -'~ C NO~ 3~ ARCHITECT OR ENGIN NEW A 0 1EQ ~-v 1 ~ i MOv G EER ~„~_ T L, AOORESS - ~~ ~ ~ ~ OwNE1 - --------~ -__L_. AOORESS vA~-UF CITY -• uSF LONE ~ BONING ---~- - t -- -----_ ---_ CITY 11C. NO. ~- STATE ~~~ -------- tat. NO. CCN•/DIhONS SrvEEl~MVVp~,fMFNTS - --- - - - - - -- - - DESCRIPTION OF WORK -' USE OF EXISTING YL0f3. ,~ AC°IIOv(C _ WORK TO 6E PERFORMED '°O~° I~Vt _ONSr -' I liG `nNf << f , n S ~ ~>/A ~~ O ts,) l~ INSPECTION RECORD SIZE SCI. FT. ~ 5 OR Eg ~ NO. Of - _-- --- -- - - FAMIL,IE9 -- --- - -~_ Q NEW ~,q00 ALTER REPAIROpEMOIISN "--' I Mnby AcknowlAdp thAt I h ~ - wA rud thlt Applleatlon And HtAte !heat tlle At7pvA InlormAtlon It corrACi And AOrM to I eemply wIM Ali AVVA rApulAtlnp bulldinp eon~truetlon, •nd 1 IhAll not Am le anon In v1olAltan of thA wor4 ' ° y'ny APPROVAL DATE INSPECTOR mAn t aom eAnNtlOn IAVIIA Of thA State Of CAII}orn1A IOUNOATION ANO , t OCA r ON 1 hArAby cArtlfy thAt 1 Am propArly IlennNd AA A AArtt the StAtA 01 CAlllornlA auAl °EINt OICING - ~_ neAA And IrotAAAIOnA COd DlvblOn ~ ChaptN 9, An0 V1At Al/eh IleenAAA ArA In lull tpn1A And Nf o° I uNOER IINNiNG OI N _ Nt, Am ArAmpt from thA prOvhionA Of thR f3Mq o CUItAtnIA sudnAp end fro/el Alo V DfIxAR l COtlA, Divgl J, Cj1Ap[N 100` SMfE'ING I SIGNATUR[ R X OUGI+rRA MIND ~ e•i'~I~•f., e' ~vewjvfl --..___ -. _ _ DRv WAIL ~O ~ ~ r e•. ..f', pp. •~ .-iVA "~., r. .At,+ _ -~ ~ S -' " ~ ~L ASTEI SROIVN CT l I S~~ ~ 1.~ T. 1 `. T. ~ ' Exhibit T3 •' S•~•~~e t31~d. y~r ~ti ;,tl ,.~ o ? 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AvpRG ieU DATE ..~.' ~~ a~ BY _ ~ ......._ _. ~ ~ oo ~PLI(~~'10~ ~~~ gUIIDING ~-- ' ~rPL~ANT: PLEASE flll IN SHADED A{~ USE tNDEIIBLE PENCIti, gq~~ ppINT PEN OROtN NLY ERA$ABIE SU6STANCE ER NON. APPLICANT FILL IN THIS SHAPED AREA E~ I~EOSv p ONLY -FILL IN COMPLETELY BUILDDING AOOi~ESS R A P owNER 2 ~ !Z- ~~~` No '~l JZ 20 eunDlNc MAILING ADDRESS AOORESS Z ~ S 'n,~ ~ ~ f4ACT CITY 1 "` ~,~.~- n~ TEL.~`? ,~ l/'~,~ NEW ACD A(TER I ARCHITECTOq Q~~ NO. J 7~`fci/ ENGINEER ~~}~ /~y~~ ~~ ~ TEL. ~~sU IrL~ ~' ~ O NER N~RACTOR C~ ~j ~ - ~ ~S i q.~l3lv3NOL - ' usE ORESS - - _ _ r.. -t ''~ C1T ..-~ CITY r~ ~~ . ~ ~~, US O ON I O LIC. NO. ~= STATE ~' LIC. NO, STREET iMPROVEMfNI$ DESCRIPTION OF WORK 'd ~ ' USE OF ` EXISTING BLpG, ~ APPQOVED , WOAKTO BE ~ GROUP ivpE PERFORMED , S ~ .~„ c , . INSPEC71 S f 2 E SO F T. ?~ DO NO. OF NO OF ~ ! - ~~''•5i _ _ . STORIEg ~ FAMILIES'"' EW O ADD , ~ ~ ~ I ALTER O REPAIR ~ ~___. ODEMOLISH I hereby ecknowledye that I heve read t*it epplicatlon end rtt . the above information It correct end ete .het f ^, '. / „ ~.~ epree to com I ewt repuletinp bulldlnp con~tructlon, end I shell not employ eny person In vlol~tlon of the workmen's S APPROVAL ' _ • ' ' com tets of Cellfornle Oentetlon sews Of the FOUNDATION ANp lOG-iION I hereby certlly thet I em properly Ifcenud ee a cont-ector under the Stete o/ Cellfornle Sutlnest P REINF ~ •' ~ ~-' I ' end ro/eNlont Code, Olvlelon 3, Chapter 9, and that ~ueh Ileeneee ere In full foroe end effect a- I em exempt from the UNDER N NC G ORUNDE , ovlelonR Of the Buelneu end ProfeulOne C eh Of Cellfornle e. Dfvltlon ~ ~Ch t • ROOT ~ p r fi. ~' SHEETING y / SIQNATURE F P RMI ~ r', ROUGH fRAMIN _, 4N i~ECKE ev ~ A o yf ~_ ORv WA(( °N ~ ~E NQ VAIUAIiQN D~ IAiM ffE i, O I °?~~ " oIASTEp BROWN - - s tE / S ~~/' ' ~~ riNA( CI TUSTIN ~61~6250 '//.-D ~ dr'y' ' SN f r= ' `' _.~ ~l '~ I ', ~ ~ /~ ~ S, ~or1. I ,•1r v. -.".. .. C Yom! (J(J ~~ L1' ;~Z ~h'f!~ .-• n-•L~l - ; -NSP CtOR, IrtJ I.'I J ., I-il l l.~, .1 ~~ ~~ /~ .~_ 'D O H ~ ~ ~ ~ ~ ~ f'~ ~ j p ~ r n O o ~ O ~ b v~ N ` ~" a ~ a :r ~ O o m ~ N A A N v, a m O N w <p J a O ~ ~ 0 '~ ,b b _I S lP 5 t_.. ~ ~ •S J fr ~ 7 r- a hl C ,~ ip v~~ ^3 r~ H N C C ~O ~-3t'iy 3 ~ ~ U H H J Crn HH ~ ~ ~ C ~ ~ o N ~ ~ icnr . ., -,F Z a~o Cw Z c nn CaD Ho i ~+Nw+ ~ trl p x 7C ? O ~.' K HOr HAS Ina ~ CJ ~ zaz tiNM H .i• G bHcyn ' n v n ~~ 2"' rtn H~ zZ~ zy~ ~ . y n ~br' ~~ y bye ~ ~' Ynrcn ~b ~' c7xp~ m M a r io~ ~ b ~ ~ ~ ~ J W b ~ O N b 'a ~~~ `~ A ip A ~ ' O O a! ~~ O ~ C, H ~~ J C~7 J H^ j N * ~ ' CTC1 C 1 ~n o t"~ q T7 Q lab o. o ~ ~ N ~7 ~ ~ + o N Z h, m n ~ cn ~ • j y J ar C* f 0. ~ 7 ~ 7C N ~ ~ C~ N O A 7 K ~ O n (] J :J G K o ` v+ ~ --~ o v ti ~ b ~ z O ~~ rn ~ ~ n ~ C V ~ y .,,,~ ~J x (n J C*1 C7 .' ~ ~~ N 'd Q ~ 1 ~° ~ ^ ~ 0 a ~ ~ ~ C ti ~. 3 3 •D C ~ v ~ ~ ~ n 0 tb H a ~ ~ A fl µ y J ~ ~ ~ ~ ~ ~ C ~ ` . ~ K f7 w ~ O C7 O \ ~ 7C N b V" ~ a~ca AYH xzro ' Z ~ ' C O ~ .. J m ~ ~ ~ O ~ 'V ~ m J 'a o ~ ~ O ~ O a i y N p O ~ .~. 7 r ~ ~ ?D o y o . ~ o A ~ y S~ ~ 1 ,. w o . " ,U b Z a O rn M ~ Z ~ ~ tS~r ~ '~ '~ S~ y ~ :7 0 O (~ ~ O K K Q x n ~~ ~ ~ ~ C M ~ '~ CTf O 77 O ?D Q+ 2 rn m r- M ~ ~ ~] O 77 ~ .o ~ ~ b K \ n H C ~~ M O b r7 ~ 77 CTI x' '-' m ~ E n b . H ~ <) C7 7C ~ F. M H 0 ~ N W \ 1 1-• ~. • t-+ O ~ ~ N ~ N 0 ~ O r ~ \ \ m ~ N N 0 0 \ \ ~ ~ (. N N \ .+ O N N ~ \\ ~ r ~ i-+ F+ O o N N ~\ ~ Q M I~ N 'V N N N ~ ~ O O uLL. 1/ ()„ L-. 1--r N O ~ O O b ~ ~ ~ ~ O to y n ~' ~ ~ ~ y y ~ r i H H ~ n n :/ ~, C ~' ~ rD O O O ~h M N • y ~ (p f t *1 ~ O • '~ C C~{ ry y ~ O O ~ ~ ~ ' " J1 ( rj N O ,, O O O ~ ~ ~ O O O O ~ !f 0 0 0 ~ C 0 4 APPLICATION FOR BUILDING ' EMIT ~~ APPII ANT PLEASE Flll IN $HAOEO ARt-A ONLY USE INOEl18lE PENCIL, gAll POINT PEN OR OTHER NON ~__ERA$AgLE $UBSIANCF APP L~f~Et~' `~~- F I~j~N •DON~ ~°' ,.~--,~ -+o. exESrlHa ~~op, -~-'----- w Itw~ A I Np SWl01N( AODfES3 coNanoNs ~NEtli/ ~A00 (~1111TE11 . ~ REPAIR DEMOUa-1' 1 1 Mreby eckhgMpe~ 0fet I E+sve rHd dtM fovueftlon~sndateq that. the feevr 41Eeh~e(I~,r N sorreef lean rquletle~ <;tu11Mn e~ eRw a eo'^M~ wltA MI P+roen In vIM~t4n ol~ ~ • ~ ~ p~1 t • vrpr-rnen TPew~tlM I~yw pj dte SteN of Cellfmrtis, rOUNDAibN AND IOCAnON 1 hKfthr cMIfY' thfr I aIn P-epetl~ Il~lte«y « 1 oentiMtOr unls-- tfle >t4t- of C`jltifO/ntf ~WYele of Nlpf(ING ff fntl holpflolM Ceaf, trNlen C~tsl ~• ~~ a~ sLeA~ Ilse ~ ~ A~ ~ I L UNDEIIINNING n ull Ibroe n0 et~eet, w 1 eT •r1e1T11ei EE~rrr Cher •u~1~eM ena Ire/et+ll ~ n• e1~ M• CMlferrµe Of UwOEf HAf ~ C hrNl~n ~ W f001 SMEEnNG I MATU11! fOUGN f-AMIN(i Av. ~t r[_. I • Ip Qfv WAIL ~ ' 1 . ~ON I AQ~ ~ of ~ IAiN f I / II~O ~~ f { - / J 9 II ASiff IfOWNt:i ]f "~ S I,NAI 1 !~ /~K~ 7~~ fl • t • PLICATIOH FOR BUIIDIHG PER ' I ANT; PLEASE FI~~ IN SHADED AREA USE I ELIBIE PENCIL, BALL POINT PEN OROTH NON. • ERASABLE SUBSTANCE ~. "~ • - ~~' '. • ;~~~~ IN.THFS SNADE-p AREA 'v y IvE - Ff ! IN COMP~ETE~LY i boll ~/ • pP.rss ~ ~ A.P. NO. ~~'!~ R. ~~ *' ' ' }~~F1i) I PT ADURES~S ~t I ~ i a ~~~., _ _ . ~ •• TEI. •~ ~~y,~san •t/~FD cam.../ TEL. 5 ~~ N~ ~41e-oe vim J ~p .1 ! F ":~.~.~. , 1 F N -~~ j~ o a ~~~ i~ , •` TEI.. ., NO OrEi~ f ~ . - • C. 1~ STATE ,~ ~.~y, r4ii~t at ~' _ F11CCrninT.~...._ --- LIC. NO. ~ ~,SC - ~Q ` ~ ~ ~ - ~ ~~~~~D, vwvvr ~I ~ •s _,- ~~ -f~', . ~ t .. , y , c E...t . t'~ F4. •~ TORIES NO. OF ` ~ FAMILIES Ul. ' NEW ADO ALTER OREPAIRO DEMOLISH •1 haieby acknowledge that 1 have read thin appllcatlon and aLta that tlte, •bova information I• correct and l a aws ragulatinp bulldin Wee to comply with all d f ,hall not employ any •pa-son in violation ofOthen or a ' APPRQVAL c w kman ~ State of Calitornie. ornpenaation laws of th• iOUNDATION AND IOUTION 1 hereby terrify that f am properly licensed tl a eont -eetor under o+a State of California Buainaas and P REINFOItpNG rot Chapter 9, and that weh ileansaa eselona Coda, Division 3, or I am n full for re UNDER PINNING e• and affect, •xampt from the vlNons ~ Business and Professio p o th• 6tate of Californi OR UNDER SIAs a ns viaio 3, Chspter g, ROOF SHEETING y R X OF P q ROUGH FRAMING l AN ~ , ED BY APDRQVE ~' 'C•J/ ORY WAII 4N ~kfpt REC NO VAIUAT~ON IATN P. C. „' P R ~ iEf f ~ ~ (, '~Y = 4~oa - PlAS1ER BRAWN CT. FEE = z 5- i1NAl r " CITY Of TUSTIN _~°• 112 7 5 _ ONING ONDIiIONS ENTS TY~ C NST. INSPECTION RECOR[ n ~ e` ~ r•. r~ u ~JV`,KANAG£M£NTGROCh" /NC. Anwar Markos Pr•arrMenl Izaatsl>r,~nm.d.,9xoc r~llrl~)9ul~raen Stnf/tan• CA 90800 Fret 1714)801.OG01 ~~, ~~~~• :~ 'I \~,,, t• \ J6\~ \~. 1. _ , .i•; ••' a 8 5 O~S F, z 1609' S F fG ,~iC 1t6o s F~~ L~s ~,~ ~_~~ F 1170• F . r • .~. • • ~ .1 7 S F (~~ ~~,: ~., ' i~~ 1~ 1:7tf S P ~j? J, . ~}Y~F .~~1US' F' i• ~° ' ~'~,~. 584" .. ,!; q 'r~' ~ ~ ; ~,'~ ;~1' • 1'755 s F y ~ i•' •1 `. (~ ~, )t-'f A ~_ ~ _ ~: 56 S'.F i ..( r'•' ~o ~• ~ ~•• ,I ,..~, ,, 0 • .t . C 1• ~ r°• ! 3 '• ~` ~ - %S3 ~Lolplad-L•iP~a~aO~ kept on,.ttie jab at ali 1Mioe unlaw•tul to make sny c an9ee ~~• •Ilorotions on same wllhora) w4lten permuls~,N+ Irorn the Bwitliny ONWd~, CMy of Tustin. the Stamplr-p d tftli plan 6 spec~rcollcns SHAH NOT' b~. n.ld to perml: or ac arr~proMvH/r1 ~Jddbrtof er,y prov}srons d ANY CRy Ofdnallpe. Stato or Federal laa. 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APPLIC/~TION fOA YUILDINO VHRMIT N~ 3 4 7 U5E INOFLIµE PfNCI~ YAII P'OII~fT PEN OR OTHER NOI~ENIWIlLE WaiTnNCt clTr p~ ^'!^~ r 1 a O TUSTIN ' ~. Community Development Department Building Division - 300 Centcruual Way ""'°""""" ""°° Tustia, CA 92780 (714) 373-3131 or 373-3132 Ihu Certiticnte of Occupancy is issued pursuant to Section A 110.2 of the California Building Cexte :u :uucndetl by the City of Ttutin ONin:uue No.1344. At tht tuna of issuanet, this bttildiny has bran inspected for compliance with the requirements of this code for the group wtd division of occupancy, and tht which the proposed occuprncy is classified. Building A ess: 11pa6 MOLT AVENUE Building PerntL Number. C07-1008 OWttrrs UE SCNRIBER REALTY Occupancy Group: A4, B, S1 Tenant Nana: SYRUUTS Code Yuu: 2001 CeC Type of Conswction: V -NON RATED Dcscriptiat: 26 856 SF Fire Sprinklcry; YES Lcsucd ey: Y eery Huang wilding Official Date: LZ ZoOQ~ This Certificate of Occupancy shall be posted in a cutupicuuus place on the prenti~es and nut removed except by the Building Official, ~J LJ 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 9271 dd(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. • evelo ment Project Areas' oals and objectives were develo ed The Town Center and South Central Red p ~ g ~ p 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 , 7 • 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. 1. 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. • • DATE: AUGUST 31, 2011 Inter - C o m TO: JUSTINA WILLKOM, SENIOR PLANNER FROM: LIETUTENANT JOHN STRAIN, NORTH AREA COMMAND SUBJECT: CODE AMENDMENT REVIEW - CA 2011-05 - WALGREENS ,~v~~$ p 7d' T c r 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. ~;5~~ TUSTIN POLICE DEPART'IV~NT ~P~,;% Crime Analysis Unlt, 300 Centennial Way, Tustin, CA 92780 714-573-3393 T Crime Statistics in relation to establishments selling alcohol 8/1/10 to 8/24/11 ~..~.~ 1Malgreen'a * ABC License Locations O Narcotics Offense • Ak~holOtfense • Crimes Against Persons O Property Crime 500 ft. Zone Alcohol Related 13 Crimes Against Persons 17 Narcotics Offense 7 Property Crime 94 Grand Total 131 ••• CONFIDENTIAL ••• FOR LAW ENFORCEMENT UsE ONLY .~ ~ ~ ~.~~~~ TUSTIN POLICE DEPAR'T1Vl'ENT ~, ,~;- CNme Analysis Unit, 300 Centennial Way, Tustin, CA 92780 714-573-3393 T North Area Theft of Alcohol 8/1/10 to 8/24/11 MAI t 8 i, J U W '~ O AMAGANSETa • F.IILLER ,J ~~f~~lt~~_ ,F,.~r_,~. RVINE ~~,.~ ASS ~F~ F.. ~ ~,ti a ~~ ~ ;~ ~eCOND ~ ~'Q( ~ a ¢ U THIRD 2O( q~YO tir,, o ~~Q ~~ ORF, . QQ~~ p`P ,z~~~ .. Q, DO xo ~0 L, „~ ~~ N ~~ 'LYON ~ ~\~p~ CG. rtJ~~tgO G~ ,o. !y, ? ~, ^~` 09- _ 7' tv' . ti ' ~'~~ ~~y. ~ Y;-•. ;r ~Q ~~ ~~Q. Y 12892 NEWPORT AVE CIRCLE K 5 13270 NEWPORT AVE ALBERTSONS/US BANK 2 13321 JAMBOREE RO RALPHS 3 151 N TUSTIN AVE HERITAGE HOUSE LIQUO 1 17241 17TH ST CHEVRON 1 17662 17TH ST ONS 1 550E 1ST ST VONS 1 ••• CONFIDENTIAL ••• FOR LAW ENFORCEMENT Us! ONLY ATTACHMENT E Planning Commission Resolution No. 4184 and Draft Minutes of Planning Commission Meeting of October 18, 2011 RESOLUTION 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 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: I. 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 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. 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 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. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of October, 2011. ~ ,~~/~) y~ JE F . Tl~ PSON Chairperson L/-= -. EL BETH A. BINSACK Planning Commission Secretary ;~: ~f~~~ rs~~: <v Resolution No. 4184 October 11, 2011 Page 4 f_' 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 ~~ y~F? ,'3! RECOMMENDATION: That the Planning Commission adopt Resolution No. 4186, approving Conditional Use Permit 2011-17 authorizing the operation of live entertainment in conjunction with an existing restaurant located at 341 E. 1 Sc Street. Swiontek Presented the staff report for CUP 2011-17. Staff addressed Planning Commission questions and concems. Commission questions/concerns generally included specifications of the noise ordinance, and hours of regulation of live entertainment. The Public Hearing opened at 8:47 p.m. The applicant, Jose Lopez, stepped forward. Mr. Lopez requested that the hours of operation of live entertainment be extended to 1:00 a.m. He further clarified that the preferred hours of operation for live entertainment are from 9:00 p.m. to 1:00 a.m. Bruce Fangmeier stepped forward representing the residents of Tustin Plaza Apartments. Mr. Fangmeier stated that he has concerns regarding the live entertainment being extended to 1:00 a.m., and would prefer to regulate the noise to a reasonable level. If noise control measures are implemented, he is in support of the proposed Conditional Use Permit. The Public Hearing closed at 8:52 p.m. Planning Commission deliberation generally included supporting the Conditions of Approval as written to limit the hours of live entertainment until 12:00 a.m., and included adding measures of control for vehicle parking, establish a training manual for employees, and installation of a self-closing door for noise control. Motion: It was moved by Puckett, seconded by Kozak, to adopt Resolution No. 4186 as amended. Motion carried 5-0. Adopted 5. CODE AMENDMENT 2011-05, ALCOHOL BEVERAGE SALES. Resolution No. 4184 as amended 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) Minutes -Planning Commission October 11, 2011 -Page 5 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. APPLICANT: PROPERTY OWNER ENVIRONMENTAL DETERMINATION: RECOMMENDATION: Walgreen Co., Michael Redstone Steven M. Brown 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. 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 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. Hutter Presented the staff report for Code Amendment 2011-05. The Director proposed a modification to the agendized recommendation, recommending denial of Code Amendment 2011-05 to City Council. Commission questions/concerns generally included clarification on the 15,000 square foot threshold and ABC requirements referencing square footage of a property. Minutes -Planning Commission October 11, 2011 -Page 6 Tustin Police Officer Khaya Breskin stepped forward to address Planning Commission questions/concems. Officer Breskin stated it is a combination of the circumstances of the building's location, not the square footage alone, which contributes to Tustin Police Department supporting staffs recommendation to deny the subject project. The Public Hearing opened at 9:14 p.m. Jennifer Chavez stepped forward representing the applicant. Ms. Chavez stated that Walgreens would like to be able to offer beer and wine sales to maintain the "one-stop-shop" atmosphere in the store. Ms. Chavez proposed that the 15,000 square foot threshold requirement be reduced to 12,000 feet, and stated that retailers with 12,000 square feet of floor space have similar uses to those with 15,000 square feet. Stated nearly 1,200 customers signed a petition in support of the Code Amendment, and a letter of support from Gerry Aust of the Rotary Club was also received. The Public Hearing closed at 9:24 p.m. Moore Stated he was in favor of support of the Code Amendment; and of making the modification to reduce the threshold of gross floor area from 15,000 square feet to 12,000 square feet. Kozak Stated he has concerns from a public policy standpoint of "where to draw the line" if the code was amended to reduce the square footage for this location. Eckman Stated he believes regulations placed on a retail establishment based on square footage are not necessary. Recommends revisiting the ordinance to include consideration of the concentration level, crime rates, history and background of the applicant, and disciplinary action at the location. Supports the Code Amendment reducing the threshold of gross floor area from 15,000 square feet to 12,000 square feet. Puckett Stated that based on the recommendations of staff and the Tustin Police Department, he proposes denying the subject project. Thompson Stated there are already many alcoholic beverage establishments within the area. Respects the recommendations made by the Tustin Police Department and Redevelopment Agency to deny the Code Amendment. Requested that the opinion of the Police Department and Redevelopment agency be clarified in the resolution. Motion: It was moved by Puckett, seconded by Kozak, to adopt Resolution No. 4184 denying Code Amendment 2011-05 to City Council as amended. Motion carried 3-2, with Moore and Eckman dissenting. Minutes -Planning Commission October 11, 2011 -Page 7 ATTACHMENT F City Council Resolution No. 11-78 RESOLUTION NO. 11-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DENYING CODE AMENDMENT 2011-05, A REQUEST TO AMEND SECTIONS 9232a1.(a), 9271dd(1) AND 9297 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, 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, AND TO AMEND THE CONVENIENCE STORE DEFINITION BY LOWERING THE SIZE OF ESTABLISHMENTS TO 12,000 SQUARE FEET. The City Council does hereby resolve as follows: The City Council 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), 9271dd(1), and 9297 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; 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; and, amend the definition of "Convenience Store" as any establishments under twelve thousand (12,000) square feet in size where food, beverage, magazine and auto related items, or combination thereof, are sold for off-site consumption. 6. 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. The Planning Commission adopted Resolution No. 4184, recommending that the City Council deny Code Amendment 2011-05. Resolution No. 11-78 November 1, 2011 Page 2 D. That Pursuant to Tustin City Code Section 9295f, the Planning Commission conducted a public hearing on October 11, 2011. The Planning Commission's minutes and Resolution are attached as Attachment E to the City Council Agenda Report dated November 1, 2011. The Agenda Report and its Attachments A through E constitute and include a list of persons who testified and/or reported at the hearing, a summary of the facts and findings, copies of data and/or documentary evidence submitted in connection with the proposed amendment. The Planning Commission found that 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. Over the years the City adopted Ordinance Nos. 912, 920, 981, 1101, 1161, 1230, and 1237 for regulating alcoholic sales establishments. 3. 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. 4. 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. 5. 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. 6. 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. Resolution No. 11-78 November 1, 2011 Page 3 7. 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 outright permitted alcoholic sales establishments and thereby increase the likelihood of additional alcohol related crimes in the City. 8. 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 City Council hereby concurs with the Planning Commission's recommendation and denies Code Amendment 2011-05, a request amendment to Sections 9232a1.(a), 9271dd(1), and 9297 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; 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; and, amend the definition of "Convenience Store" as any establishments under twelve thousand (12,000) square feet in size where food, beverage, magazine and auto related items, or combination thereof, are sold for off-site consumption. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting held on the 1St day of November, 2011. JERRY AMANTE MAYOR ATTEST: PAMELA STOKER CITY CLERK Resolution No. 11-78 November 1, 2011 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 11-78 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1ST day of November, 2011, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK