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HomeMy WebLinkAbout01 WALGREENS CODE AMENDMENT-ALCOHOLIC BEVERAGE SALES"~ ~ '~~ ,~ Agenda Item 1 'f%~. ~~ _°~ I7 V ~l ~I ~ 17 ~~~ I Jl V ~ 1 Reviewed: ~ ~,. 1~,: ~,, City Manager ~_ -~~~,~ Finance Director MEETING DATE: DECEMBER 6, 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." On October 11, 2011, the Planning Commission considered the item and recommended that the City Council deny Gode Amendment 2011-05. The applicant requested this item be continued from the City Council's meeting of November 1, 2011, to provide them with adequate time to follow up on some of the issues raised at the Planning Commission hearing. No additional information has been submitted for Council Consideration. Applicant: Walgreen Co. Property Owner: Steven M. Brawn RECOMMENDATION That the City Council adopt Resolution No. 11-78 upholding the Planning Commission's recommendation and denying Code Amendment 2011-05. City Council Report Code Amendment 2011-05 December 6, 2011 Page 2 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. 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 liquor stores -- ----------- Ord. 920 ___ --- -- November 19, 1984 • Required CUP for all businesses selling alcohol • Renamed "liquor store" to "alcoholic beverage sales establishment" City Council Report Code Amendment 2011-05 December 6, 2011 Page 3 • Added definition for "alcoholic beverage sales establishment" 981 __ _ -_ • Apri120, 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 beverage sales businesses. 1101 ! November 16, 1992 • Exempted supermarkets and other large retail stores (min. 15,000 sf), and less than 10 percent sales area, from CUP and distance requirements 1161 _ _ _ __ _ ._.__ _ c 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 methodoloav for measuring distance Ord. 1230 • June 19, 2000 • Interim Urgency Ordinance • Amended Planned Community (PC), Planned Community ' Industrial (PC-IND), and Specific Plan (SP) zoning districts to i establish distance requirements • Established Planning Commission guidelines applicable to all alcoholic beverage sales establishments • Permanent ordinance was never adopted __ _~_. -. a- ------- -- ---_____ .__ ------ ---- Ord. 1237 I June 4, 2001 I • Added definition for "Specialty Store" • Specialty Stores exempt from distance requirements, but required 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. City Council Report Code Amendment 2011-05 December 6, 2011 Page 4 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 operation for on- and off-site alcoholic beverage sales establishments. After lengthy deliberation, the Planning Commission at the time decided to maintain 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. Sections 9232a1(a) and 9271 dd(1) specify certain requirements for off-site alcoholic beverage sales establishments in commercial zones and are summarized below: City Council Report Code Amendment 2411-05 December 6, 2011 Page 5 • 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 far alcoholic beverage sales; • Located minimum 300 feet from residentially zoned or used properties; • Located minimum 500 feet from other existing off-site sales establishments; • Located minimum 600 feet from a church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home, existing on-site sales establishments (excluding restaurants). 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 calls far 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 grea#er than what can currently be analyzed and foreseen. Citywide lmpacts 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 City Council Report Code Amendment 2011-05 December 6, 2011 Page 6 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. Ci-~ 17th St. C-2 C-G ~ i,''srz~ r Irvine Stvd, - .~, ,~ 1st St. ,i ® Main St. a°7i 1 y~ Fr a® a` eewe.Y ~`,~P ~ 4~ ,~~ ® ~~' ~~ ~~~ r~gure ~ 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, magazine and auto related items, or any combination thereof, are sold for off-site use and/or City Council Report Code Amendment 2011-05 December 6, 2011 Page 7 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 convenience 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 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 an-site consumption. City Council Report Code Amendment 2011-05 December 6, 2011 Page 8 r=igure 2 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 over-concentrated 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, robbery, aggravated assault, burglary, theft, etc.) than average number of reported crimes within the City. The ratio of off-sale retail licenses 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, Walgreens is located within a census tract that has higher ratio of off-sale retail licenses to population (0.15) than the County's off-sale retail City Council Report Code Amendment 2011-05 December 6, 2011 Page 9 licenses 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 Department 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 lnput The City's Police Department has reviewed the proposal and has concluded that the applicant's stare 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 far a code amendment and Finding of Public Convenience and Necessity due to concerns of saturation and crime (Attachment D}. 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 Tawn 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. City Council Report Code Amendment 2011-05 December 6, 2011 Page 10 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 andlor 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 stares typically are larger in square footage and are businesses where one would be able to shop for a variety of consumable goads 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 Cade 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 is an 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 occurring within the vicinity of the proposed project site and citywide; lowering the building square footage threshold for alcoholic beverages establishments would increase the number of outright City Council Report Code Amendment 2011-05 December 6, 2011 Page 11 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. ~t 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 C ATTACHMENT A A~COHQLIC BEVERAGE SALES ORDINANCES: 912, 920, 981, 1101, 1161, 1230, 1237 r~ /n'y ~'~y ~! ~ { ;~ dRDINANGE 912 2 ~ 3 ~ INTERIM t3RGENCY dRDINANCE dF THE CITY ~ OF TUSTIN, CALIFdRNIA, ESTABLISHING A MORATQRIUM UPON THE ISSUANCE dF PERMITS ~ FdR OFF SALE LIQUOR STdRES IN THE CITX OF TUSTIN. 6 7~ 1. The City Council hereby finds and determines as ~ follows: 8~ A. In order to protect the public safety. health and welfare, it is necessary that an ~ interim ordinance be adopted as an urgency measure establishing a moratorium on the issuance I0 of permits for off-sale liquor stores in the City ~ of Tustin and deleting off-sale Liquor stares as 1Z a permitted use during such moratorium. 12 B. The issuance of permits for off-sale liquor stores in the City of Tustin would be in conflict 13~ with contemplated zoning proposal which the City ! ~ Council, the Planning Commission and the Commu ~~ ity Development Department are considering a studying and intend to study and consider for 15~ reasonable period of time, to-wit approximately ~; four (4) months. 16'; C. The adoption of this interim ordinance as an I7~ urgency measure is necessary to prevent the con- e struction of any new aff-sale Liquor stores and 18 the commencement of use of any new off-sale liquor stores pending completion of such study. 29~~ D. Testimony at re ular meetin s g g of the Czty ~~j Couniil held on May 7, 1984 and May 21, 1984 and the comments of the City Council in reference to 2i ~ this subject are incorporated herein by this reference. 221 NdW, THEREF©RE, the City Council of the City of Tustin, 23~~ California does hereby ordain as follows: 24~~ Section l: Liquor stares for off-sale and on-sale are r prohibited uses in aII zoning districts of the City. 25 'I Section 2: The provisions of Tustin City Code Sections 9232 26{ a 2 (s~ and 9235 b 2 (s) are suspended during the time in which this ordinance is in effect. 27 Section 3: No permits shall be issued by staff or th 28 Planning Commission for a new liquor store use during the time in which this ordinance is in effect. This ordinance C 2 3 4 6 7 8 3 1 Cf I1 I 12~ 13 14 15 16 E 17` I8 I 19 ; ~c' 2I ~ z~ z~ 2a ~~ ~~ 27 2$ does not prohibit the transfer of existing licenses f or 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. 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 far 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. 1?ASSED AND ADC}PTED at a regular meeting of the City Caun- ci1 of the City of Tustin, California, held this 4th day of June, 1984, MAYOR ATTEST: C Y CLER ~~ JGR:se:D:5j2Q,~84{67} JGR:se:R:S/1684 TLw:se:R:6j1j84 2 # ~ ` ~\ STATE of cA~ I~aRN to } COUNTY OF ORANGE ) SS CITY OF TUSTIN } r~\ 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. 9i2 was duly and regularly introduced and read at a regular meeting of the City Council held an the 4th day of June, 1984, and was given fits second reading and duly passed and adapted at a regular meeting held on the 4th day of Junes 1484, as an iterim urgency measure by the following vote: AYES COUNCIEPERSONS: Edgar, Haesterey, Kennedy, Saltarelli NOES COUNCILPERSONS: Greinke ABSENT: COUNCILPERSONS: None PUB~ISN TUSTIN NEWS: June 14, 1984 • y ter City of Tustin, alifarni C7 a 1 2 3 r, ~. 5 6 7 8 9 lO 11 12I 13 14 15 16 ~7 18 19 2O 21 22 23 24 25 26 27 28 RQURRt6 WQODRN-/ XTTCRNt4'! At tAW $ANTA ANA ice. ORDINANCE NO. 920 ~~ AN ORDINANCE OF TIME CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 84-3 THEREBY AMENDING SECTIONS 923 2b {p} , 923 3c {v} , 9234c{la}: 9235c{dd}, 9242b{g} AND 9297 OF THE TUSTIN MUNICIPAL CODE, REQUIRE THE 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 the 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: 8~ t~,,, ion ~,: Section 9232b CP) of the Tustin Municipal ,Code, is amended as follows: RA. °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". Se~tian ~: 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. I3, 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit.,w 1 w < ~, 1 .Section ~.: Section 9242b(g~ of the Tustin Municipal Code is amended as follows: 2 "'Alcoholic Beverage Sales Establishments' shall be ~ added to uses allowed subject to a conditional use permit . " 4 Section ~: Section 9297 of the Tustin Municipal Code g is amended to add the fallowing definition, integrated in alphabetical order, to read as follows: 6 "'Alcoholic Beverage Sales Establishment' means any 7 establishment where an aieahalie beverage is sold, including, but not limited to, liquor stares, bars, g lounges, restaurants, markets, mini-marts, gas stations, drive-in dairies, bakeries and florists." s PASSED AND ADOPTED by the City Council of the City of lp Tustin, California, this '29th day of __ November , 1984. 11 ~„ r~ l2 Mayar ~g ATTEST: 14 ~ ~ C` Clerk 15 l6 JGR:SA:pj :D: 1Qf Q2j84 {2) 17 28 l9 20 2l ~~ 23 24 25 2& 27 28 rtauw«[ ,6 Wooowurr wssoRraYrs ~• LwW SANTA ANA 2 .» .•'~. ~ U 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, doss 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 Na. 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 s ecand reading and duly passed and adapted at a regular meeting held on the 19th day of November, 1984, by the following vote: AYES COUNCi~.PERSONS: Edgar, Hoesterey, Kennedy, Saltarelli NOES : COUNCILPERSONS: None ABSENT: COUNCII.PERSONS: Greinke SUMF"~ARY PUBt~ISHEQ IN TUSTIN NEWS: November 15, 1984 November 29, 1984 ~. L..-7 _ MARY E. WYNN, ity Cl _. City of Tustin, Californfia i .• Y 5 ~..r.~yr ~d~'[ s - ,~ ~ ~; r `. ~ ., r: ~ ;;~,.;,~. .. yr~~ . s -~ . ~~ ~~. E,.-~ r '~;.~ ~.`~ ~ ;i ~~r-~ ~. ~~i. ~u}H ~ ~~~ z sa> ~,._ ~ ~ ~~ . - f : l~ `~ .z~ ~~ ~ ` 'f .~; ~ . ~., ,'~,'' . i' {p ~ F 1 2 3 4 5 7 8 9 1U 11 12 13 14 15 '~ {3 17~ 1& 19 24 ?I ~ 23 24 25 ~~ 2? 2A ORDINANCE N0. 98I AN ORDINANGE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA. APPROYIN6 ZONING ORDINANCE AMENOMEN7 N0. 8T-2 THEREBY AMENDINf SECTIONS 9232 b., 9733 c., 9234 c., 9235 c„ 9242 b., and 9297 OF THE TUSTIN MUNICIPAL CODE, T4 REQUIRE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONY~NIENCE STORES AND ESTABLYSHING OISTAHGE STANDARDS FOR OFF-SITE ALCOHOLIC BEYERAGE SALES ESTABLISHMENTS. ' i1HEREAS. an the City CaunciT of the City at Tustin. California. aes or a n as o ows: Section I: Sectian 9232 b. is amended to add the foTToving: 9232 b. {u}. Convenfence stares. Sectian 2: Sectian 9232 b {p} is amended as foiTorrs: 9232 b {p}. ATCaholic beveragt sales establishments sub3ect to the following criteria: Off-site sates establishments shaft bt Tocated'a miniartum distance af: - IOO feet Pram any residentially zoned or used property. ` - 300 feet fram any ether existing aff-site sales establishment. - 6OO feet fram any church, publtc ar private school, playground, ar haspitaT. Sectian 3: Section 9233 e, is amtnded to add the fallowing: 9233 c. {aa}. Canvenience stares. Sectian, 4: Section 9233 c {v} is amended to read as faTTo++s: 9233 c. {v} Alcahalic beverage sales establishments suD~tct to the faTTawing criteria: Off-site sales establishments shall be located a ~einimun distance of: - I00 feet fram any residentially zoned ar used properties. - 3O4 feet freer any ether existing aff-site sales establishment. - 600 feet fram any church. pubiiC ar private school, playgraund, or hospital. . Sectian 5: Sectian 9234 c. is amended to add the fallowing: 9234 c {IIj Convenience stares. . Sectian 6: Sectian 9234 c. {24} is aarendtd as failaws: . . 9234 c {IO} Alcahatic beverage sates establishments subject to the ;~~ -` faTTB++ing criteria: - 111 Off-site sales establishments shall be located a minimum distance af: - IOO feet fram any residentially zoned ar used prapertfes. - 300 feet from any ether existing aff-site sales establishment. t": i' ( ~ . k~ i . ~1 ~f i ~~~ i.` ~'b% +,• ,t i 1 Ordinance No. 981 ~ pnge two . 3 i - 600 feet froa~ any church public or private school, playground ~ ¢ ar haspf to 1, E ~ Seetfan 1: Section 4235 c. is aa~ended to add the fallowing: ~ 4235 c (ff} Convenience stores. 7 Section 8: Section 4235 c (dd} is amended as fatlows: 8 9235 c. (dd} Alcoholic beverage sales establishments sub,}ect to the following criteria: Off-site sales establishments shall be located a minimum distance at: IU - 100 feet from any residentially zoned or used properties. - 300 Feet from any other existing aft-site sales establishment. lY - 600 feet from any church. public ar private Schaal, playground ar hospital. l2 Section 9: Section 4242 b, is amended to add the fallowing: I 4242 b. (f}. Convenience stores. 24 Seetfan lO: Section 4242 b. is amended as fellows: 15 4242 b. (g}, Alcoholic beverage sales establishments sub~eet to the 1G fallowing criteria: jr Ott-site sales establishments shall ba located a minimum distance~of: - 100 feet from any residentially zoned ar used properties. 1$ - 300 feet tram any ether existing cif-site sales establishments. 600 feet Eras any church. public or private school, playground 1~ or hospital, 2D Section 11: Seetfan 9272 of the Tustin Municipal Cade is amended to add the fallowing definition, integrated in alphabetical order, to read as fellows: `~ i . "`Convenience Stare` means any establishment under 15.000 square feet ~ to size where foal, beverage. magazine and auto related items, ar any eo~nbinatton thereof, are sold far off-site use andlor consumption." 23 PASSED AND ADOPTED at a regular meeting of the City Councti of the Ctty at ~4•~ Tustin, Calftornia, held an the 4t1s day of 3 a tJ ~ N7Y~ ~ f '''1 r ~ ~ •~ y. ~ ~i,y ) ~ `f . S'/ k ~~ ~ ' s•_ ~ r, ` ?- 'yre'~~." '~ ( i t _. - ; d, y 1' 26 21 ',~ ~~,..._ ~ M_,,.~ .,v ,1487. ~- ~~~ --- . •~,. Mayer l~ ~ .. Attest: M'1tRT" City Cler •, ~ • - . ~. ~. ,;: ~.,,~ ~' ~~`~ ,. i .. ;. , -.t .. ..; . STATE OF CALIFORNIA ) ' ' ' COUNTY OF ORANGE ~ gS CITY OF TUSTIN • MART E. iIYFtN. City Clerk and ex-officio Clerk of tht Cfty Council at the City of Tustin Catifarnia, does hereby certify that the whale number of the members of the city Council of Lha City of Tustin is five; that the above and toregafng Ordfnanta tio. 981 was duty and regularly fintroducad and read at a regular meeting et the City Count i held on the 2Oth day at ril 1987. and was given its second readtng and duly passed and adop~e? at a raga ar meet ng held on the 4th day of - Mayr 1987, by the taliaxing vote: -_... AYES COUNCtt,PERSONS. Edgar, Kennedy, koesterey, Prescott NOES . CL1UNCti.PERSONS: None ABSENT: COUNCILPERSONS: Rally y, ~ ,} i 6~.- a ~ jl :t~;E"~ PUBLISHED IN TUSTIN HEMS: May 14. 1987 ,d City at Tustfn~ Cali ornfa .___. ~~~ r. ~- i s i. i E ' ~ ~ ~' ~' k, ~' t~ ~.. . - Y ` ,( - ` ' T lw • L • 3 • ~ ~ , A ~SF ~ ~ .4 „~ v ~ u 1~ a ~= ~ 2 3 4 5 G 7 9 lU 11 I2 13 1~ 15 IG 17 1~ s 19 20 1~~ 22~~ ~~ 24 2:~ 2G 27 2$ oRax~txxcE Ho. riot nrt oRgrxxxca of TaE CZ'rY CoQ~iGIL of THS CITY OF TIIBTII~, CALZFORNZA, A~EE,HDIkIt~ SPBCIFIED g8CTZ02t8 ZZt THS Co C211I+ 7-~tD ZN'D~FY R8 IIlytglLSb~TB FoR~OFF-82TE ailLCt)SGLZCT BBVSRI-a8 IIB!-L88 M S? EgTABL28HM8NT8 (CA92-ooT~ The City Council of the City of Tustin finds and determines as follows: p,. The Zoning Code was adopted to identify specific land uses and standards of development to occur within certain .Zoning Districts; and B. It has been detenained that there is a current and future need for supermarkets and large retail establishments which provide the sale of alcoholic beverages as part of their business but can not be established due to current limitations and regulations related to minimum distance requirements between certain land uses within the commercial and industrial districts; and C. The amendment is in the best interest of the public health, safety and welfare in that it wil}. still maintain minimum distance requirements between certain land uses and project discretion for small off-site alcoholic beverage sales establishments and convenience markets as currently provided by the Cade; and D. The amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the c©mmercial or industrial districts of the City. NOW, THEREFORE, the City Council of the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: Secti~ ra 1. Article 9, Chapter 2, Part 9 of the Tustin City Code is hereby amended as follows: 1 3 4 5 6 t 9 ~a 12 22 2" 19 L I~ 1( 1. If ~c ~( ~~ . 2' 2; 2~ 2. 2 2 2 ordinance Na. 1101 Page 2 A. B. C. D. Subsection 9234a entitled "Permitted Uses" is amended to add subsection (6j to recta as follows: Subsection 9235b(2} entitled "Retail Businesses, exemplified by the following List, when conducted within a building: " is amended to add subsection (dd) to read as follows: '° (dd} ... ; ;'~~~-Mite al~rshc~.c beverage sales }.e~cated- wir_hin a <building :.and ger~~.~ted lsusinesss,,wit,~;t •,at< iea~st 15`~~t3 square feet of,:;+~c-ss ~,3c~c~x ~~sa ":"a-t~d_> , where . ,; ths~;~~, al~cahs~~#.c w. beverage sales area .::~rit~i:n ~:the bizild3ng= ;occupies no more ~hast ; 3,~t percept of :the gross • f~.aar, area" Subsection 3242a entitled "Permitted Uses" is amended to add subsection (d} to read as follows: "(dy Of'f side alcoholic bevez~age ~sa~.es l,ocat~i3 ~rthirt a:;building and pe~titted.; bus'i~~ss, ~tt~" at Zeztst 15; oao sg3.tare,.~eat s•o~; g~c ~:,~or .... area: ' ar~d where ~ the ~< alcc~c~~c .: ~ ...• #aevera~e ~a~.es area w~.n; ,•~be~~t~xu~inq c~cupie.~,'x~c~ more. than ~.Q <: percent'`: taf,.;ttre gross V~I;oa~r area' 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: L z t 2; 3 4 5~ G. 7' 81 ~I ~, ~~,I ll' ~~ 23 I4, 15` 1[[ i 1 t~ ~, 7 fi i 1)) Sl ! .G ~1 ~ 2l !. 2~ ~ ~~ 23~ 24{'~ (~ ~~~• i l~ 26. ;~ ,~ 27 ~, `l~ ~ i Ordinance No. 1101 Page 3 E. Subsection 9232b (p} is amended to read as follows: "Alcoholic beverage sales establishments subject to the fallowing criteria: Off -site s~e9 -~~-'~i-s~t~~ a 7.caha~ i+e beverage sa,l.~s vacated in a buS.l:d~.x~g' and permitted husiness with'' less than i5, a~t3 square feet. a€ gross f I:oor area, or wh~,re thq offWsite alcoholic average sales area with the' bui3:dingt ©ccu~xieg more thah lfl` per~~ztt: of the grass- fl~c~r, areze shall be located a minimum distance ofr 100 feet from any residentially zoned ar 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 :ayes--~es^t-a~~sh~re~-~ $1c4hcxlic I beverage sales located in a bui~.ding and permitted business with less 'than lS,4i~Q square feet of gross flge.~ areas az where the c~ff--site alcoholic beverage dales area within the-building c"ccupi.ea mare than 20 percent csf the grQSS floor .area, shall- be located a minimum distance ofr ' 200 feet from any residentially zoned ar used property. 300 feet from any ether existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital.'" G. Subsection 9234cC14) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: 1 II ~f III Ordinance Na. 1101 ~ ~ ( Page 4 !:I ~ ~ Off-site sees - ~~-~~, , --k ~- alcoho2iG heererage sale$ located i.n a b~ildfrzq and 4 permitted bus~.n~ss with ' lest t2tan 1.5, QOf~ square feet og gross ~loflx arear a~ where..th,~ 'off-site'alaohal#.c beverage sales area ~oithin th,e ''bu~.3d~.ng ' occupies `mcsre than It3 'pax~+~~tt.' p ~, the grads floor azea, shall be located a minimum distance af: i ~ 100 feet from any residentially zoned ar used property. ~ 300 feet from any other existing off-site sales establishment. 1Q 600 feet from any church, public or private school, playground ar hospital." I1#~ H. Subsection 9235e(dd} is amended to read as " 121 follows: I~I~ "Alcoholic beverage sales establishments subject to the following criteria: 14 {I Off-site sa-~e$ esta~~-*~ alcoholic 15~~ beverage.., sales located irr a h~ailding and pex~nitted bu~ine~s with. lest than 3.~, QOQ 1(~ ~ squire feet of grass f 1.aar area, ar where the ~~ off-site ztilcohn.lic beverage sales area within 17ij the building occupies mare thin ].0 percent of th+e gross fl.oar area, shall be located a 1~. minimum distance of: I~'.,, 100 feet from any residentially zaned ar used property. r! s'' 30~ feet from any other existing off-site 2~1~! sales establishment. 21'; 600 feet from any church, public ar j private school, playground or hospital." 2`~ I. Subsection 9242b {g} is amended to read as ~~~~~ follows: ;; ~~~ "Alcoholic beverage sales establishments subject to the following criteria: 2.i~~ Off-site sa=e ~~- ~, '~ ~ ~lccholic /t ~ ~ beverage - sales I,oeated. zn a- .:. buldirg' ~ahd ~r ~ i ~ - I permitted business with less. than 15, Qt1t 27ij square feet of grass floor area, ar where the G nff-s~.te alcc~holi~ beverage gales area ~rithi.n ~ the bpi ldin t~ccu ies mare- than 1v ~~ ~ P p~rEent of the ,grQSS fl:Qa~ area, shall be located a minimum distance -cif : i I • L` 1 2 3 4 5 6 r 9 IQ I1 12 13 14 l :~ I(i 1"rl 1~~ IJ 2C) F~ ~ ~ ~')~ 2~~ ;! 24- 2~~ !' 2~ 2i, ~~' i f 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 ar haspital.f1 ; PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 16th day of November, 1992. ~1ZCr LES IE ANNE PONTIOUS Mayor ~. ~ 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 i 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 I Mary ~~~~~+1Ynn, C s~a~.~f Clerk *at the November 2, 1992 regular meeting of the City Council, and J t .J~ ~ dRDINANCE NO, 1161 2 AK ORDINANCE OF THB CITY COUNCIL OFD TFIE CITY OF TUSTIN ~ , CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL AND INDIISTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY 4 CODS DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHI-SENTS (C.A.95-003}~ 5 The City Council of the City of Tustin finds and determines as follows: 6 7 A. The Zoning Cade was adapted to identify specific land uses and standards of development to occur within certain Zoning Districts; and 8 ~ B. The amendment is in the best interest of the public health, safety and welfare in that it will establish 10 greater minimum distance requirements between certain La d n uses and on-site and off-site alcoholic beverage sales establishments. 11 ~ ~ C. On-site sales establishments, excluding restaurant - establishments, are not adequately regulated by the ~~ Zoning Cade for minimum distances between similar establishments and certain land uses. 14 D. It has been determined that the current regulations are 15 inadequate for calculating distance separations between 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 i - t will not negatively impact the orderly growth and 18 development of the commercial or industrial districts of the City. 19 NC3Y1, THEREFQRE, the City Council of the City of Tustin DOES HEREBY C}RDAIN as foll 20 ows; 23 Section ~.. The following provisions are hereby adopted as interim regulations for alcoholic bevera e sales t bl g es a ishments: 22 A. Subsection 3232b gyp} is amended to read as follows: 23 '"Alcoholic beverage sales establishments subject to the following criteria: 24 25 off-site alcoholic beverage sales located in a building and permitted business with less than 15,040 square feet of gross flo 26 or area, and permitted businesses with more than 15,000 s uare f t f q ee o gross floor area where the off-site alcoholic beverage sales area within the building occu i 27 p es mare than 10 percent of the gross floor area, subject to the following i m nimum distance regulations: 2~ (2} 300 feet from any residentially zoned or used property. . r . . ©rdinance No. 1161 1 ~~ Page 2 2 ', 3 500 feet Pram any other existing aff-site sales establishment. 4 600 feet from any church, place of worship, public ar 5 private school, park, playground, clinic, hospital, health care facility or convalescent home. 6 ' 600 feet from existing on-site sales establishments, 7 except restaurant establishments. ~ {2} Minimum distances between aff-site sale establishments and; residentially zoned ar used property, churches, ~ places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities 10 and convalescent homes shall be computed by measuring the distance from the closest entryjexit provided far 11 publicjcustomer access of the off-site establishment to the property line of any of the above uses, whether 12 inside or outside the City boundaries. 13 {3} Minimum distances between off-site sales establishment and another off-site or on-site sales establishment 24 except for restaurant establishments whether inside or ~ outside the City boundaries, shah be computed by 15 measuring the distance between the closest exterior structural walls of each use. 16~ ' t7n-site alcoholic beverage sales establishments except 1 7 for restaurant establishments subject to the following minimum distance regulations: 18 ~ {1) 1, 000 feet from any residentially zoned or used property. I4 1,000 feet from any other existing an-site except far 2v ,; restaurant establishments or aff-site sales establishments. 21 2,000 feet from any church, place of worship, public or 22 private school, park, playground, clinic, hospital, health care facility or convalescent hams. 23 ~ {2} Minimum distances between on-site sale establishments 24 except for restaurant establishments and; residentially zoned or used property, churches, places of worship, 25,j public or private schools, parks, playgrounds, clinics, ! hospitals, health care facilities and convalescent homes 26 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. 28 {3} Minimum distances between on-site sales establishments and another off-site or an-site sales establishment ~1 ~~ Qrdinance No, 1161 Page 3 1~ 2~ ~ 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. 5 B. subsection 9233c(v) is amended to read as follows: 6 '°Alcaholic beverage sales establishments subject to the 7 following criteria: 8 C}ff-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 grass floor area where the off-site alcoholic 10 beverage sales area within the building occupies mare than l0 percent of the gross floor area, subject to the following 1~ minimum distance regulations: 12 {1} 300 feet from any other residentially zoned ar used property. 13 540 feet from any existing off-site sales establishment. 14' 600 feet from any church, place of worship, public or ~-~ private school, park, playground, clinic, hospital, health care facility or convalescent home. 1~ 600 feet from existing an-site sales establishments, 17~ except restaurant establishments, 18~ (2} Minimum distances between off-site sale establishments and; residentially zoned or used property, churches, lP, 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,lexit provided far 21 publicfcustamer access of the off-site establishment to the property line of any of the above uses whether inside 22 ar outside the city boundaries. 231 (3} Minimum distances between off-site sales establishment 1 and another off-site or an-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. z6 Qn-site alcoholic beverage sales establishments except 27 restaurant establishments subject to the fallowing minimum distance regulations: 28 (1} 1, 000 feet from any residentially zoned ar used property. ! I Ordinance No. 22.61 Page 4 2 ~ 2,000 feet from any other existing an-site except ' restaurant establishments ar off-site sales ~ establishments, ~ 2,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital ~ , health. care facility or convalescent hams. '~ {2) Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned 8 ar 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 an-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 an-site sales establishments and another off-site or an-site sales establishment 13 except restaurant establishments whether inside ar 14 outside City boundaries shall be computed by measuring the distance between the clo t ses exterior structural walls of each use. 25 C. Subsection 9234c{10} is amended to read as follows: 16 'EAlcaholic beverage sales establishments subject to the 17 fallowing criteria: 18 ©ff-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of grass 19 floor area, and perm~.tted businesses w~.th more than 15 000 20 , square feet of grass floor area where the aff-site alcoholic beverage sales area within the building occu ies p more than 10 percent of the grass Haar area, subject to the fallowing 22 minimum distance of regulations. 22~ (1} 300 feet from any residentially zoned ar used property. 23~ 500 feet from any existing aff-site sales establishment. 24 ~ 600 feet from any church, lace of warshi P p, publ~.c ar ~ 25j private school, park, playground, clinic, hospital, h l h ! ea t care facility ar convalescent hams. 26' 600 feet from existing on-site sales establishments , except restaurant establishments. 27 28 (2) Minimum distances between aff-site sale establishments d an ; residentially zoned ar used property, churches , places of warship, public ar private schools, parks , playgrounds, clinics, hospitals, health care facilities f~, ~~ Ordinance No. 17,61 Page 5 1 ~~ 2 ~ and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for ~ publicJcustoiner access of the off-site establishment to the property line of any of the above uses whether inside ~ or autside the city boundaries. ~ (3} Minimum distances between off-site sales establishment and another off-site ar on-site sales establishment ~ except restaurant establishments whether inside or autside City boundaries shall be computed by measuring $ 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 fallowing minimum distance regulations: z ~. (~ } 1, 000 feet fram any residentially zoned ar used property. 12 1,000 feet fram any other existing an-site except 13 restaurant establishments ar off-site sales establishments. 14 1,000 feet fram any church, place of worship, public or 15 private school, park, playground, clinic, hospital, health care facility or convalescent hams. 16 (2} Minimum distances between an-site sale establishments 17~ except restaurant establishments and; residentially zoned or used property, churches, places of warship, public or 18 private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent names shall be 19I computed by measuring the distance fram the closest exterior wall of the an-site establishment to the 20~ property line of any of the above uses whether inside or autside the city boundaries. 21 (3} Minimum distances between an-site sales establishments 22 and another off-site or on-site sales establishment except restaurant establishments whether inside or 23 autside City boundaries shall be computed by measuring the distance between the closest exterior structural 24 walls of each use. 25 T~. 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 buildi ng and permitted business with less than 15, 000 square feet of gross floor area, and permitted businesses with more than 15,000 •~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S~ 26~ 27 2 ~ z. Ordinance No Page 6 /^~ 1161 ~'\ square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than lO percent of the grass floor area, subject to the following minimum distance of regulations: (1} 340 feet from any residentially zoned or used property. SOO 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. 6O0 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 entryjexit provided far publicjcustomer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (3} Minimum distances between off-site sales establishment and another off-site or on--site sales establishment except restaurant establishments whether inside or outside City boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: (1} 1, (7C0 feet from any residentially zoned or used property. 1,0€~f} 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 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 3 4 S 6 7 8 9 2a 11 12' 23 24 15 26~ 1'7 18 z~ 20 22 22 23 24 25 26 27 28 /~\ Qrdinance No. 1261 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 < the distance between the closest walls of each use. ,~~ sales establishments sales establishment whether inside or :amputed by measuring exterior structural ~~ ~. 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 15,404 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 20 percent of the gross floor area, subject to the following minimum distance regulations: {2) 304 feet from any residentially zoned ar used property. 540 feet from any existing off-site sales establishment. 640 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 warship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entryjexit provided for public/customer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. {3} Minimum distances between off-site sales establishment and another off-site or on-site sales establishment except restaurant establishments whether inside or outside City boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use. • 3 4 5 6 7 8 9 10 11 12i 13 14 ~5 16 17 1S 1 `~ 20 21~ 22 23 24 2S 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 warship, 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 aff-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 whett^ler inside or computed by measuring exterior structural PASSED A,RTD 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 /~'ti. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1261 /"'~ City of Tustin aRn=xAxc~ c~aTrpzcATxax 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 Na. 1161 was introduced at a regular meeting of the City Council held on Qecember 4, 1995 and was gassed and adopted at a regular meeting of the City Council held on January ~, ?996 by the following vote: COUNCILMEMBER AYES. Potts, Worley, Saltarelli, Thomas CC}UNCZT,MEMBER NOES: Doyle Ct}UNCILMEMBER ABSTAINED: None GOUNCILMEMBER ABSENT: None • f r ~~~ ORDINANCS NO. I161 2 AN ORDINANCE OF THE CITY COUNCIL OP' THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE CO~lERCIAL 3 AND INDUSTRIAL DISTRICTS QF ARTICLE 9 OF THE TIISTIN CITY CODE DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC 4 BEVERAGE SALES ESTABLISHMENTS (C.A.95-003). 5 The City Council of the City of Tustin finds and determines as follows: 6 A. The Zoning Cade was adopted to identify specific land ? 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 an-site and aff-site alcaholic beverage sales establishments. Il C. On-site sales establishments, excluding restaurant 12 establishments, are not adequately regulated by the Zoning Cade for minimum distances between similar 13 establishments and certain land uses. 14 D. It has been determined that the current regulations are inade uate f l l i q ar ca cu at ng distance separations between 15 an-site and off-site alcohol beverage sales establishments and certain land uses. 16 E. The amendment i.s 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, THEREFC?RE, 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: 22I s' A. Subsection 9232b (p} is amended to read as follows: i` 23~i I "`Alcoholic beverage sales establishments subject to the following criteria: 2 4 ~, Off-site alcoholic beverage sales located in a building and 25 permitted business with less than 15,000 square feet of grass floor area, and permitted businesses with more than 15,000 26 square feet of grass floor area where the aff-site alcaholic beverage sales area within the building occupies more than lt7 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. r r ~ 1 Ordinance Na . 13.61 Page 2 500 feet fram any other existing off-sate sales establishment, 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 600 feet from any church, place of worship, public or private schaol, 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 warship, public or private schools, parks, playgrounds, clinics, hospitals, health .care facilities and convalescent homes shall be computed by measuring the distance from the closest entryjexit provided for publicjcustomer access of the off-site establishment to the property line of any of the above uses, whether inside or outside the City boundaries. {3} Minirnurn distances between off-site sales establishment and another off-site or on-site sales establishment except far restaurant establishments whether inside or outside the City boundaries, sha11 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 an-site except for restaurant establishments or off-site sales establishments. 1,000 feet from any church, place of warship, public ar private schaol, park, playground, clinic, hospital, health care facility ar convalescent home. {2} Minimum distances between on-site sale establishments except far 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 fram the elasest exterior wall of the an-site establishment to the property line of any of.the above uses, whether inside or outside the City boundaries. {3} Minimum distances between an-site sales establishments and another off-site or on-site sales establishment •= 2 3 4 5 6 7 8 9 10 '' 11 12 13 ~ 14 25II 16i 17~ 18 19 2~ 2 ~. 22~ 23 24 25 26 27 28 /~"1 Ordinance No. 2161 Page 3 '"`~ 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. B. Subsection 9233c(v} is amended to read as follows: "Alcoholic beverage sales establishments subject to the fallowing criteria: Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of grass floor area and permitted businesses with mare than 15,000 square feet of grass floor area where the off-site alcoholic beverage sales area within the building occupies mare than 10 percent of the grass floor area, subject to the fallowing minimum distance regulations: (1} 300 feet from any other residentially zoned or used property. 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 600 feet from existing an-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 entryjexit provided far publicjcustomer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (3} Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, except restaurant establishments whether inside or outside City boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: (1} 1, 000 feet from any residentially zoned or used property. /"'•`\ 1 Ordinance No. 1161 Page 4 2 ~ 2,000 feet from any other existing an-site except `~ restaurant establishments or off-site sales establishments. ~ 1,000 feet from any church, place of worship, public or private school, park pla round li ~ , yg , c nic, hospital, health care facility or convalescent home. '7 42) Minimum distances between an-site sale establishments ~ except restaurant establishments and; residentially zoned or used property, churches, places of worshi Pr public or ~ private schools, arks I y~ a o l health care foci ties and onva escent homes shall be 10' computed by measuring the distance from the closest exterior wall of the on-site establishment to the 12 prape.rty line of any of the above uses whether inside or outside the city boundaries. 12 (3} Minimum distances between on-site sales establishments 23 and another off-site or on-site sales establishment except restaurant establishments whether inside or 14 outside City boundaries shall be computed by measuring the distance between the clo t ses exterior structural walls of each use. 25 , C. Subsection 9234c(20} is amended to read as follows: 26 "Alcoholic beverage sales establishments subject to the 27 following criteria: ~-~ Off-site alcoholic beverage sales located in a building and 29 permitted business with less than 15,000 square feet of gross flo or area, and permitted businesses with mare than 15 OOQ 20 , square feet of gross floor area where the off-site alcoholic beverage sales area withi h 2 ~ n t e building occupies more than 10 percent of the gross floor area, subject to the following 1 minimum distance of regulations: ~~ (2} 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 25j Private school, park, playground, clinic, hospital, he lth a care facility or convalescent home. 26 600 feet from existing on-site sales establishments , except restaurant establishments 27 28 . (2} Minimum distances between off-site sale establishments and id ; res entially zoned ar used property, churches, places of hi wors p, public or private schools, parks, playgrounds, clinics hos itals h l , p , ea th care facilities ' f ~~ ~~ Qrdinanee Na. 1163. Page 5 1I 2~ 3 ~ and convalescent homes shall be computed by measuring the distance Pram the closest entry/exit provided for 4 publiclcustamer 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 t7n-site alcoholic beverage sales establishments except 10 restaurant establishments subject to the following minimum distance regulations: 11 (1} 1, 044 feet from any residentially zoned or used property. 12 1,044 feet from ar~y other existing on-site except 13 restaurant establishments or off-site sales establishments. 14 1,040 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 19r computed by measuring the distance Pram the closest exterior wall of the on-site establishment to the 24 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 ar 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 Cff-site alcoholic bevera e sales located in g a building and permitted business with less than 15,444 square feet of grass floor area, and permitted businesses with mare than 15,444 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~. 22 23 24 25 26 27 28 ~~ Ordinance Na. 1161 Page 6 square feet of grass floor area where the off-site alcahalic beverage sales area within the building occupies mare than 10 percent of the grass Haar area, subject to the following minimum distance of regulations: {1) 300 feet fram any residentially zoned or used property. S00 feet from any existing aff-site sales establishment. 600 feet from any church, place of warship, public ar 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 warship, public ar private schools, parks, playgrounds, clinics, haspitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entryjexit provided for publicjcustamer 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 aff-site sales establishment and another aff-site ar an-site sales establishment except restaurant establishments whether inside ar outside Oity boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use. On-site alcahalic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: {1) 1, 000 feet from any residentially zoned ar used property. 1,000 feet fram any other existing on-site except restaurant establishments or aff-site sales establishments. 1,{}00 feet fram any church, place of worship, public ar private school, park, playground, clinic, hospital, health care facility ar convalescent home. {2) Minimum distances between an-site sale establishments except for restaurant establishments and; residentially zoned ar used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, haspitals, health care facilities and convalescent homes shall be computed by measuring the distance from the r- ~. •~ 2 3 4 5 6 7 8 9 10 21 12 13~ 14 15 16 17 1~ 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 warship, 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 publicJcustomer access of the off-site establishment to the property line of any of the above uses whether inside ar 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. sales establishment sales establishment whether inside or omputed by measuring exterior structural ~' ,''_'1 ©rdinance No. 1161 Page 8 1 2 3 On-site alcoholic beverage sales establishments except 4 restaurant establishments subject to the following minimum distance regulations: ~ (1} 1,000 feet from any residentially zoned ar used property. ~ 1,000 feet from any other existing on-site except ? restaurant establishments or off-site sales establishments. 8 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital ~ , health care facility or convalescent Name. 10 (2} Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned 11 or used property, churches, places of warship, public or private schools, parks, playgrounds, clinics, hospitals 12 , health care facilities and convalescent Names shall be computed by measuring the distance from the closest 1~ exterior wall of the an-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 ar an-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 PASSE£3 ANU AL)C)PTEI~ at a regular meeting of the City Council of the City of Tustin held on the 2nd day of 3anuary, 199b. 19 20 JIM PQTTS 21~ Mayor 22~ 23 P ELA ~TflKER 24 City Clerk 25 26 2? 28 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1161 City of Tustin t?RD2NANC$ CERTZFZCAZ"ION } } 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 1?ecember 4 1995 and was passed and adapted at a regular meeting of the City Council held an dan~,a,~y 2~ 1996 by the following vote: Ct3UNCII,I~tEMBER AYES: Potts, Worley, Saltarelli, Thomas COUNCILMEMBER NOES: Doyle COUNCIL~MEMBER ABSTAZNED: None CC}UNCZLMEMBER ABSENT: None C U ORDINANCE NO. 123? lz !3 to ~~ 36 ~~ ~a 14 z4 21 22 23 2a zs 26 z~ za zs 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{e)(ee), 9234(c)(13), 9235(c}(hh}, 9242(b)(h) TO ADD "SPECIALTY STORES" AS CONDITIONALLY PERMITTED USE5 WITHIN THE RETAIL COMMERCIAL (C-1), CENTRAL COMMERCIAL (C-2}, HEAVY COMMERCIAL {C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL {M) DISTRICTS; 3) AMEND SECTIONS 92326(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 Corr~mercial (C-2}, Heavy Commercial (C-3}, Commercial General (GG), and Industrial (M} zoning districts, exempt specialty stores from off-site alcoholic beverage sales distance separation requiremen#s. 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. 37T$ 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 Qua[ity Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. Ordinance No. 1237 Page 2 of 5 t z D. The proposed cede amendment is necessary to provide fiexibi##ty for specialty retailers while protecting and ~ minimizing adverse affects on the public health, safety, and d welfare of residents or businesses of the City, based upon the following: s 1. Specialty stores would be conditionally permitted 6 which would provide far a review of potentially adverse impacts of each proposed store. a 2. As defined, "specialty stores" would be limited in size and located in mu#tiple-tenant centers where a buffer g from any nearby sensitive uses would be typica#ly io provided by parking and other commercial tenants. ' ` 3. As defined, "specialty stores" would provide unique ~ z food and beverage items and alcoholic beverages would be limited to non-refrigerated beverages and a ~J maximum of fifteen (15) square feet of retail floor area which would minimize the availability of easily i4 consumable beverages and reduce the likelihood of ,~ loitering or adverse behavior in the vicinity of the store. zc 4. As defined, "specialty stares" would have limited hours !' of operation, which would minimize the disruptions to ~$ nearby uses. 'g ' S. As defined, the nature, location, size, hours of zo operation, and amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act z~ to minimize any potential negative impacts on nearby sensitive uses. zz z~ E. The proposed amendments are consistent with the Tustin General Plan in that they comply with the following general za Plan Po#icies: zs i_and Use Element Policy 1.2: Provide for and z~ encourage the development of neighborhood-serving commercial uses in areas of Tustin presently z? underserved by such uses. zx Goa# 7: Promote expansion of the City's economic base zs and divers cation of economic activity. hand Use Element Policy 7.5: Focus retail development #nto consolidated, economical#y viable, OtdEnance No. 1237 Page 3 of 5 and attractive centers of adequate size and scale, which offer a variety of retail goads and amenities. F. That a Final Negative Declaration has been considered and recommended far approval by the City Council in conformance with the requirements of the California Environmental Quality Act. ection 2. Article 9 of the Tustin City Cade is hereby amended to read as follows: 1. The fallowing definition shall be added to Tustin City Cade Section 9297 {Definitions}: "Specialty stare means a market ar retail stare other than conuenience 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 ar food markets ar other retail stores for off-site use ar consumption and where alcoholic beverage sales are incidental with na 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 Gity Code Sections: 9232{b}(w}, 9233{c}{ee}, 9234{c}{13}, 9235{c}{hh}, and 9242{b}{h} shall be amended to include: "Specialty Stares" 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 Gode shall be exempt from minimum distance regulations." Section 3. SEVERABlLITY 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, ar if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance snail continue to be fu#ly effective. t 2 3 4 5 6 1 9 10 lz 13 t4 15 16 t7 t$ C4 zo z< zz z3 za 2s zs z~ zs I ©rdinance NQ. 1237 Page 4 of 5 z~ City of Tustin ORDINANCE CERTlFICATfON STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1237 } } S5 i, PAMELA STOKER, City Clerk and ex-officio Clerk of the City CounciC of the City of Tustin, California, hereby certifies that the who{e 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, 2QQ1 City Council meeting and was adopted at the June 4, 2001 Council meeting by the fallowing vote: COUNCILMEMBER AYES: Worley, Thomas, Bane, Doyle, Kawashima COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: Nave COUNCILMEMBER ABSENT: None Pamela Stoker, City Clerk r~ ~._ U ATTACHMENT B SUBMITTED CODE AMENDMENT L r~ u t ' 4,, TLJSTII~ Community Development OePartment + 300 Centenndal Way • Tustin, CA 9Z78D Phone • 724.573.3140 • wwar.tustinca.arg Development ARplicatian Form ~J 6UIt1:lON(,: C?UR FVTURL HONORIAIG OUR Plt3T Project Descriptdon stores of at least 12,000 s care feet where the existin coder wires I S 000 s care feet to en a e in offsite alcohol sales "by right" as further described in the attached "Project Description." Assessor's Parce! Number SOp-101-13 Project Address 13052 Newport Avenue Zoning Ddstrtd L 1 Retail Present Use of Property W Proposed Use of Property xi in Existing fntitlement Affecting the Property tat Size same as existin Building Size: Existtng: I 560 Proposed; ~e P ! Name Steven M. Brown ~-otrrpar-Y----__ __~ Address 8524 Starr Road city, state, ZIP _ in ter. CA 95492 Phone: 70?-836-I 722 cell Ph~e: Fax: E-mail: Name r carnpany Attn: Michael Redstone Es . Address t04 Wilmot Road Second Floor MS#I420 city, state, zIP Dee~eld, 1L 60415 Phone: 847-315-4530 ceJ! Phone: Fax: E-mall. Michael rP~ctnn,~.~,.~i,,....~__ _ Narne Brian Fish Esq,[Jenrtifer Chave E company Luce Forward Ha_miltan S r; nn Address 600 West Broadwa State 2600 City, state, ZIP San Die>zfl, CA 92I O I Phone: 619-236-1414 Ceil Phone: Fax: 619-645-5395 E-mail: bhsh lLCe rn r~tchave ~~u~cfl (3ffice Use flndy CA 2411 - G~ 5 CER CUP OR GPA LFD MA SCE TPM TTM VAR zc uD C3thar Preliminary Reutaw Ernriranmentai: O Exempt ^ indtta! Study Q Ne` Doc C7 EIR Date Received ~ (j Recehred by ---i._ Foes paid,,~~t.~~~SL} Receipt #"~ y Itemize -Cad.~1~~~~l~~ OCFA SRk Stflre NO. ?~${ ~'~ , •_ ,_'' D~stestatian of F~rsonts! to whom Hallos ~*auW ba +~++ ot~ruant to f"~#a Q li ,~,[~ Saz~n It~34 6 Name Luce Forward Harniltan ~ Scripps, Attn: Brian Fish, Esq.fJennifer Chavez, Esq. address ~'~~ ~. Broadway, Suite 2600, San Diego, CA ~.?210I city, state, ZIP San Dtega, CA 92101 E-mail: b~ishtaluce.com/jchavez(a?tuce.carn Noma ss--.. Aldress City, State, ZIP E-mail: l.egai Description of Property (Attach a separate sheet if necessary) See attached. S~ertptemenyl ¢Foikrtf.4lLEid.tTn p.jCttedc Heoclicabl~ ~_ _____ - #~ Variance Minor Adjustment ^ Sign Cada Exception ~ Alcoholic Beverage Sales Establishment 0 Shopping Cart Containment Program Simalures and Adur~-o_r~dcsrman~ l hereby certify that I am d+e owner of the real property described In this application. I hereby acknawlelge that this application may not be conskiered complett until I am notified by the Community Development Department consistent with State law. C hereby certify that al! a4 the Information contained in this appileatian, induding a!I requlned plans, supple+nantai application forms, and other submission materials as specified in the infarmatianal handout provided to me by the Community Development Department has bean submittal, and the information is, to the bast of my knowtedge and ballet, true and correctly rapresentel. Should any or a!l of the information submitted be false or incorrect, I hereby agree to lefend, indemnify, and hold the City of Tustin harmless from iiabil€ty and loss by reason of its reiianct on any such informatbn. !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 Cherners Notarised Signature Print Nama Data ,' ` ~~ t,.i~-^- 3ennifer Chavez 05/12/11 Appllsarnt's Notariaad Signature Print Nama Date ff tht stgnaturr !s an rrt natarfi by ~ ed, weftttn authortzatbn from the land awr-~r mutt be attachrd to thtr apptkatian Tht trend owner's andjor agrrrYs slgnotures an tht a+rftttn authoefaatbn also must bs notarfred ,< ~.~~TCc I~tJR~~~~D trr(;RUEYS AF E ;;v '~UNOED 1313 1LNNtFER LA Ff)ND CHAVEZ. rXSS(~[ATE E}{RECT DIAL AND FAx NUr~EBER 6t9.b94.2537 LwMAEL ADD~t~SS jc6svezti~tuce.com May l3, 2011 VIA FEDERAL EXPRESS Ms. Edmelynne V. Hotter Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92180 ~~~~~UC~ ~~AY 16 X011 `~%~MUlVfTY DEVEE:C?RlkatEl~"f DEFT Re: WalgrecnsfCode Amendment Application for Alcohol Sales Dear )rdmelynne: ,_ . aria 38415-72$6 As we discussed previously, please accept this letter as Watgreens' request to withdraw the - ____appl ic~ticm-few tt--~rianee`-~ F~=Bf~ _. ~ Eu~t~~~trditi-terra!-fi~se Peimi~i~. i e on December 14, 2010 with respect to a store it operates at 13052 Ne into an application for a code amendment. Walgreens proposes o amend Tustin Municiplal Carle sections 9232(a)(i }{a} and 9271 {dd}{ t } 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 oft 5,000 square feet ar more. Specifically, the amendment merely modifies the permitting process for retail stores of at least 12,444 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 occu o gross floor area. Under the amendment, stares smaller than 12,400 square fee~trortst res0of at least 12,4{}4 square feet that dedicate more than I4°fo of floor area to alcohol sales would still require a conditional use permit and not be allowed within 344 feet of a residentially zoned or used property, 5(}(} feet of another off-site sales establishment ar 544-feet of any church, place of worship, public ar private school, park, playground, clinic, hospital, health care facility, convalescent home or on-site sales establishment. In support of this new application, please find the following: l . A completed Development Application Form including a Project Description; and 2• A check in the amount of $3 t 5 to cover the application fee {you advised that the City would credit us $535 against the $950 fee far the CLIP and Variance fee paid in connection with the prior applicatians}. C t E3 t 44928.2 s ~,;e. ~ ~~../~\.~Le ~tJ~Yr(~~itlJ .FfORrfEY$,1ii.a4Y ~ f~JUNOED 2:973 Ms. Edrnelynne V. Rutter May 13, 2011 Page 2 The other application materials, site and floor plans and a preliminary title report are already on file as they were submitted with the previous CUP and Variance application. According to the City's Instructions for Filing a Development Application, no environmental assessment form is required for a Code Amendment application, Moreover, the proposed code amendment only changes the off premises alcohol sales permit process far stores between 12,OQQ and 14,949 square feet. Consistent with CEQA Guidelines sections 15060(c}{3} and I SQb l {b}(3}, a CEQA exemption exists for a proposed code amendment like this one that solely alters the approval process as it will not result in a direct or reasonably foreseeable indirect physical change in the environment or otherwise result in significant effects on the environment. We look forward to hearing from the City soon and working with you on this project. If you have any questions or concerns shout the attached, please do not hesitate to contact us. Sincerely, _____ -- ~, __ _ Jennifer La Fond Chavez for LUCE, FORWARD, 1-IAMILTQ?V & SCRIPPS t,t,~ JLCI Enclosures cc: Michael Redstone, Esq. r~ ~o~~~szs.z if 'z t }rdcr No.: f Ob74664b-X59 LEGAL DESCRIPTIO(V • FIIAT PORTION OF LOT 11N BLOCK I2 OF IRVINE'S SUBDfVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORI~IIA, AS PER MAP RECORDED IN BOOK I PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CC°UNTY, DESCR.IIBED AS FC#LLC~WS. BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 1; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT I, SOUTH 49°18'42" EAST 50.00 FEET TO THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY 50.00 FEET OF SAID LOT 1; THENCE, • ALONG SAID SOUTHEASTERLY LINE, SOUTH 40°38'44" WEST 35.00 FEET TO THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 35.00 FEET OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID SOUTHWESTERLY LINE, SOUTH ~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°36'3x" WEST 166.48 FEET TO THE NORTHERLY LINE OF IRVINE BOULEVARD, FORMERLY KNOWN AS FOURTH STREET EXTENSION, I}ESC'RIBED AS PARCEL A IN DEED TO THE COUNTY OF ORANGE RECORDED JULY 29, 1959 IN---~~~K 4817 PAS. 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; NORTHERLY LINE AND CURVE IN A WESTERLY DIRECTION, THENCE, ALONG SAID ANGLE OF 03°25'57", AN ARC DISTANCE OF 74.89 FEET; THEIVCE~TOANGENT TO S IA D CURVE AND CONTINUING ALONG NORTHERLY LINE, __----TQ-THE-~~QI~THEA~TY-E€~RP~3ER--E:}F--PAR£~_Ir-_DL~CRIBIN~SAffi DEED-'FEET COUNTY OF ORANGE, BEING THE BEGINNING OF A TANGE fi~E_.- NORTHERLY HAVING A RADIUS OF 27.00 FEET; THENCE, ALONG THE EAS ERLYOLINE OF SAID PARCEL 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 2I°I4'3b", AN ARC DISTANCE OF 10.01 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED} ;~ DEED TO THE CITY OF TUSTIN RECORDED MAY 29, 1992 AS INSTRI~'MENT NO. 92-363620, OFFICIAL RECORDS OF SAID COUNTY RECORDER; THENCE, NORTJ-IEASTERLY LINE, NORTH 24°20'59" WEST 37.34 FEET TO SAID EASTERLY LINE OF PARCEL 1, BEING A POINT OF IVOiV•TANGENT C`URVAT~.TRE 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 SAII) SOUTI~EASTERLY 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 INSTR~NT NO. 2003001300122, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DEEDED TO THE CITY OF TUSTIN, A MUNICIPAL CORPORATION, BY DEED RECORDED JANUARY $, 2004 AS INSTRUMENT NO. 2004000014445, OFFICIAL RECORDS. END OF LEGAL DESCRIPTION CLTA Prelirrzittary EZepart Farm - Madifitd (l i-27-t}b) LETTER OF AUTHt7RtZq,Tl©N Walgreen Go. ("Walgreens"} hereby authorizes Luce, Forward, Hamilton & Scripps, LLP to act as Waigreens' agent with respect to the fling and processing of any applications, permits, licenses or other approvals required for the sale of beer and wine for off- premises consumption at the stares identifed 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. 1NALGREE _ __S.TATEQF ILLINt~I~--_._ ___ }- G4LtNTY OF LAKE ~ SS !hereby certify that on this day before me, an officer duty authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personalty appeared Michae! Redstone, known to be the person described in and who executed the foregoing instrument as Senior Attorney of WALGREEN GO., an Illinois corporation, and severatly acknowledged before me that he executed the same as such Senior Attorney in the name of and an behalf of said corporation. ~~~~ V1/!T y hand and offrcial ~~:~. aY of , 2131 d. ................ "OFFICIAL SEAL.." LlSETTE MORENC} NOTAAY PU9lIC, STATE QF ll_LINCIIS MY CO~ilNtSSlt?N EXPIRES 8128/2@11 in the county and state Last aforesaid this .. ~.V~ ~w 5'gnature REAL ESTATE LAW, I04 WtLMOT Rt7AD, MS 1420, DEERFIELD, ILLIN®IS 60015 i}IRECT' PHQNE 1847} 315-4530 I}1RECT' FAX 18471 3I5-4825 E-MAIL: Michael, ~2edstana~we~Igxetns.corn sraRl~ # 5744 6726 6954 !0629 7286 9388 !1475 10336 0242 1y ' LIST OF STORES ADDRESS 128 S. Statt Colltge Bouleva CITY rd ZIP COUNTY Anaheim 1720 W. La Palma Avenue 92806 Orange 3446 W. Ball Road Anaheim 92801 Orangt 2560 W. Ball Road Anaheim 92804 Orange ! 3052 Newport Avtriut Anaheim Tustin 92804 Orange 10$40 Katelta Avenue Gardtn Grove 92780 92840 Orangt 27714 Clinton Ktittt Road Murritta 92562 Orangt 15381x. Chapman Avenut Orange Riversida 48l 3. Vtntura Road Oxnard 92866 Orange 78218 Varner Road Palm Desert 93030 Ventura 9221 l Riverside C t ~o~2~s~s_~ t-t .. ~ t t! t t l ~ 9: 5 t a D~ t'1 I S D !-1 F1 Y D C_ !`I .45442'63 ~~ F.:l Stare No. 7286 ~ LE`iTER QF AIT'~'FIC}RIZATIt'~IY `I`he undersigned Steven M. Brown ("Property t~wner") is the record owns focatec~ at 13f}S2 Newport Avcnuc, Tustin, ~:alifornia "Pro ~ .a r of the real property Walgreens. Property Owner hereby consents to Walgrecns~filinndandses said Prtsperiy to applications, permits, licenses or other approvals required fctr the salegof bee rand wine far aff- prernises eonsurnption. Property t~wner also consents to the filing and processing of such applications for the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property 4wner~ funkier authorizes Walgreens, ,;n our behalf, to Sign any permits, licenses or other approvals issued for the sale of beer and wino far off-premises consurnptian from the Property and to takt any uthar action necessary to implement :and make affective such permits, -icenses or approvals. Date: I-,r~=~-'~ ~{ U __,_. _ i r, ~~ v~ {.f~6tt STEVEN M. BRAWN ~`. soy . ~, ~ •~ • ~~ u~: qua tJ~tyt`it S D ff F~RYLIEN 4':y x. 45424263 r, i' ST~TE OF ..~„~~r:^~~~4~t~L} CQUNTY 4F _ ~'p~ } ss. ____-_,} before rn-~~ ~ G/~ app~ared ~= persanatly the basis of satisfactory evidence to be the persons} whale name(s) islaresubscribed teethe with-n instrumcnt and aeknowtedged to me that he0she/they executed the same in hislherPtheir autfiarized capacity(ies}, and that by hislher/their signature{s} an the instrument the persan s o the entity open behalf of whicEt the person{s} t;cted, executed the instrument. (}~ r f c~rt:fy 42nder PENALTY ®F PER.~..'RY under the laws of the State of ~ -~` ioregaing paragraph is true and c:~rrect. that the I WITNESS my hand and officio! seal. I Signature _,~,,!r~ t'`'e,~,> - (Sea!} i ~~ E+t~JrypliQYl{J`~yr~}~pj I1t~~/V1CTt11~ f /9(` r t i f. GPt L iJ~y~ __`_. _._,.A _.__. i - _-._-_ . -_..___ i C ' ' Stare Na. 728b LETTER QF AUTHORIZATION The undersigned Roger A. Stevens and Hanna Harnrnerli, Trustees under The Roger Stevens and Hanna Hammerli Trust dated August 31, 2006 and any arriendtnents thereto, ("Property C)wner'°) 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 1Nalgreens' tiling and processing of any applications, permits, Licenses ar 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 fiuther authorf zes 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: ~ ~ ! 4 THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2005 t.~'l. ROGER A. TEVENS, Trustee Date: THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2005 CHRISTIANE HANNA H:AMMERLI, aka HANNA HA1ti1MERLI, Trustee i STATE 4F ~ ~~ C4LF'NTY f3F ~~ ) ss. S~~ 1.-._.~~.___) 4n 1 t before _ • GARC3I.YlV AH~GC-tf3 ,personally appeared the basis of sat actary evidence to be the person(s) whose name(s) islare subscreibed toethe within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), ar the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY {)F PERJURY under the laws of the State of ~~ the foregoing paragraph is true and correct. t-+-~-~~.____ that WITNESS Signature ~ (Seal) t3tCtary Pt.~ttc. Ststh of MY G~rnm%~3fori oxptras !a Print ltiaanre =---- STATE QF _ ~~ `i } ) ss. COUNTY OF `t,,~, ~ ) C~ Lr On 4t ~ ~,t before me, GARC?E.YA! fkHEQNC3 appeared • ~ personally the basis of satisfactory evidence to be the person(s) whose name(s) islare ~subscribee{ oethe within instrument and. acknowledged to me that helshelthey executed the same in histherltheir authorized capacity(ies), and that by hisiherltheir signature(s) on the instrument the persons}, 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. P~§OTARY PUBt<PC CERTti~tCATtUt~! Garotyn Aheong SecQ~d Jtr i~E Circui . C}escr~ption: .~ '~ '` Stare No. 7286 LETTER QF AUTHQRIZATIQN The undersigned Jeffrey Stevens ("Pro Owner"} is a record owner of the real property Located at 13052 Newport avenue, Tustin, California ("Pro ~'} and leases said Pro rt to Wal Property Owner hereby consents to Waigreens' filing and processing of any appli ati.ons, pe~rmt~' Licenses or other approvals req ` ed for the sale of beer and wine for offiprernises cansurnption, 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 far the sale of beer and wine for o#~ premises consumption from the Property and to take any other action necessary to implement and make effective such permits, Licenses or approvals. Date: Q~ °- T'E~r~NS • cn~~rna.n< STATE OF_N~a:d~ ~ COUNTY OF CI ~E it ) ss. On IE. tg . zaaa before me, Satwu N• GoaKo~ S/' appeared ?,~ g . A t is a~ g},~,tE,~ personally basis of satisfactory evidence to be the who proved to me on the instrument and acknowledged to me that h~elshelthey executed the same his/her it auth~~ capacity(ies}, and that by hislherltheir signatures} on the instrument the onzed behalf of which the persons} acted, executed the instrument. persons}, or the entity upon I certify under PENALTY OF PERJURY under the laws of the State of tJevs~.lu„ that the foregoing paragraph is true and conect< WITNESS my hand and official seal • r~ ~~a~saa~z.~ u r More No. 7286 LETTER QF AUTHORIZATTQN Che undersigned Alison Stevens Booth ("Property Owner") is a record owner of the real property located at 13052 Newport Avenue, Tustin, California "Pro e Waigreens. Property Owner hereby consents to Walgreens~filingdand proces ing of any applications, permits, licenses or other approvals required Far the sate of beer and wine for off- prem~ses consumption. Property Owner also consents to the filing and processing of such applications far the Property by Walgreens' agent, Luce, Forward, Hamihan & Scripps. Property Owner furtherautharizes Walgreens, on our behalf, to si an issued far the sale of beer and wine for off-premises Gansu mpt onef ortt the Property and to take any other action necessary to implement and make effective such permits, licenses ar approvals. Date. -d~ t f ~ 2ot v f~~~, "Y '~ ALlSON STEVENS BOOTH ~~ c-~u s 4~ a ~ ~ ~! '~,`r4/ a~'~y R©.BT. C. AI7KEN J.P. 58 Daffodrt St Titirangi Phcx~e: 817-6739 C ~OP35t18l2.t t~u+; z t1 t o u~ : e t a DENt'f I S D HRYDEtV 7 Z 45424263 f ,~ p . 3 LE ITFFt OF ATI'i'Hp~ZATiON Stnrc No. 7285 't`he uatdersigned Steven tYf. Brown {"Property C?wncr") is the record owner of the rest pr€~perty Located at 131)52 Newport Avenue, Tustin, California {"Property") end Leases said t'roparty to Wat,rezns. Property Owner hereby con4c~nts to Wat~recns' Ealing and processing cif any appiic~tions, pertr~its, Licenses ar other appra~ ats required for the sate of beer and wine for off premises consuFV~ption. Property i7wner also consents to the filing and processing of sFFCh applications For the }'rcap<rty by Wadgreens' agent, Luce, Forward, Hami}ton & Scripps. Property Uwner further authorizes Watgreens, ,:n our behalf, to sign any permits, licenses or other approvals i4stFed for the sate of beer and wine for off-premises consumption from the Property and to t8ke any e>thrr action necessary to imptetnent :FFxd make c:flecttve such perm+ts, licenses cir approvals. Date: ~~ t { V STEVEN M BRUW~-~ ~J C7 r~ U sa~zosct~t. ~ M~r~~ 2 U l t3 09: 50a IlE!`ft'f 2 S D HFtY17Et`i ?245424263 STATE C3F ~ } ss. ,;~-[~! , hefare the _ ~=l /~"fi Can ~ _ ib G .~~" ~ ~-.~,,,. L{ .__..~.~ ,personally appeared ~ .lY~~ ~~:~- ,who proved to me an the basis of satisfactory evidcm.. to be the pcrsan{s} whose rlame(s} is/are subscribed to the within instrument and acknowled,~cd to me -hat helshcltlzey executed Ehe same in hisJherOtheir autharircd capacity(ies}, and that by hislher/their signature{s} on the instrument the person{s}, or the entity upan behalf of whici~ the persan(s} <_cted, executed the instrument. 1 .~~:-t?fv ancier T'F.NAi.~7`Y (~}- P'_=RJL`RY u:tder ±~~te laws of the State of ~'~ that the ittregoing paragralah is true grid L ~rre.;2. E'VITNESS my ~~and and official se//~l. 5ighaturc; -~f~o.~~ -~~ ~cx~lssloM ~x~laEs ~w~~czs, zols • (Seal) p.2 U Stare No, 7286 LETTER OF AUTHtJRI7.ATIQN The undersigned Rager A. Stevens and Hanna I-Iammerli, Trustees under The Rager Stevens and Hanna Hammerli Trust dated August 31, 2446 and any amendments thereto, ("Property Owner"} is the retard owner of the real property heated at I X452 Newport Avenue, Tustin, Califamia ~"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 far the sale of beer and wine far off-premises consumption. Property Owner else consents to the tiling and processing of such applications far the Property by Walgreens' agent, Luce, Forward, Hamilton & Scripps. Property Owner further authorizes Walgreens, on our behalf, to sign any permits, licenses or ether approvals issued far the sale of beer and wine for off-premises consumption Pram the Property and to take any ether action necessary to implement and make effective such permits, licenses ar appravals. Date: ~ ~ 14 THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2046 1.~. ROGER A. TEVENS, Trustee C -- - `~_ _ Date: ~~ ~_~_________ __ __ _---_.__ -----__ --__ THE ROGER STEVENS AND HANNA HAMMERLI TRUST DATED AUGUST 31, 2046 GHRISTIANE HANNA HAMMERLI, aka HANNA HAMMERLI, Trustee ~ €~ ~~~os~a ~ STATE OF --~~~~ ~1- ~ j } } ss. CC)CJNTY OF `~ ~ ~ ) On appeared ;~ CAftOI.YN Al-~~:Ci~t~s ,personally >• , who prayed to me art the basis of satl~f~actary evidence ro be the persons} whose name(s) islare subscribed to the within instrument and acknowledged to me that helshehhey executed the same in hislher/their autharized cagacity(fes), and that by histher/their signature(s) on the instrument the person(s), ar the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of 'k~.,,.X,~~~.. that the foregoing paragraph is true and correct. WITNESS Signature ° ~~ Notary f'z;'s"c. S4!a ~t ktt c;,mtr'Cai3n e,c~lr3,^, L~ ~' , P«ttif Noirlii l~.S STATE OF k-~t3 t.,.,_X1 ~,~_ ) ~ ss. COUNTY OF ~'" t ~ On 1~t before me, (Seal} YN AHI:aNG ,personally , who prayed to me on the basis of satisfactory evidence to be the person(s) whose narne(s} is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in hisfherltheir autharized capacity(ies), and that by hisfher/their signatures} on the instrument the person(s}, ar the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ~ ~ Ci~1 t that the foregoing paragraph is true and correct. WITNESS m and an fficial sea Signature ~ (Seal} Notary Pu~ttc. State of My eWm:ttic~ion C:trifes ~~ CAROI.YN ANEt3Nt3 ~~ ~~nt t~~~ -`'OTARY PURl.IC CERT(FtCATBOfV Car~ivr Aheang Second JU tai Circuit C 1 ~8'Sv' 113ti0+1: ~i NOTARY PUB~1C CERTIFtCATtQN Carolyr: Aheortg econd Judi C~rcu~t cfiptwon: Store Na. 7286 LETTER OF AUTI~IURIZATION The undersigned Jeffrey Stevens (°`Property Owner"} is a rece~rd owner of the real ro 13052 Newport Avenue, Tustin, California "Pro }• P Pert}' located at ~ Perty }and leases said Property to Walgreens. Property Owner hereby consents to Waigreens' filing and processing ofany applications, pernuts, licenses or ether approvals required for the sale of 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 far the sale of beer and wine for off-premises eonsumprion from the Property and to take any other a~etion necessary to implement and make effective such permits, licenses or approvals. Date: ~p ~ J F TE'~ENS C~ • r, ~~ 10t35ikRf2 i STATE OF Ntv~da~ ~ BOUNTY OF C1~t~K. } ss. } On ! 1. t q . zo e o ,before me, 57~wt Nt . ?!' C~tA~na personally aPP~'ed __ 3'e 4~,r•.~ A tis w 5t.e~te s-S ~_, who proved to me an the basis of satisfactory evidence to be the person{s} whose names} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histherltheir authorized capacity(les}, and that by luslherltheir signature(s) on the instrument the person(s), ar the entity upon behalf of which the person{s} acted, executed the instrument. I certify under PENALTY 4F PERJURY under the laws of the State of tJ e~+~.-a,t foregoing paragraph is true and correct. WITNESS my hand and affacial seal. Signature ~~'' ~~----- {Seal} that the NOFARY t~t18(.K; STATE aF NEYAOA County of Cleric w:a~sa~t-~ SAM GIANdS dntmrnt Expint.hxwi t0. TOt C C0l3508t2.E S+~ • Story ~o. 7286 LETTER QF AUTH~IRIZATIt}N The undersigned Alison Stevens Saoth ("Property Qwner") is a record owner of the yea! property located at 1305? Newport Avem€e, Tustin, Cafifarnia ("Property') and }eases said Property to Walgree€ros. Property Qwner hereby consents to Walgreens' fling and processing; of any applications, permits, licenses or other approvals required far tlroe sale of beer and wine for aff- premises cunsu-mptian. Property Qwner also consents to tlroe filing and processing of such applications far the Property by Walgree€ros" agent, Luce, Fanvard, Hamilton & Scripps. Property ~w-roer further authorizes Walgreens, on our behalf, to sign any permits, licenses or other approvals issued far the sale of beer and wi-roe for ot~ premises cansumptia€ro from the Property and to take any other action necessary to i-npleme-rot and make effective such permits, licenses ar approvals. [}ate: €'} t a ~ ,7 0l y ~~-0 1~~.X-~ `I '`` ALiSC}N ST ~ N E.VE. S BQC~TH w~RCF ;<)+,i ~ ''~--- ~! l.l'. f ~r ,n RC1BT. C. AITKEN J.P. 58 Daffodil St Titirangi Phcx'le: 817-6739 _• L ~~~ ~~r`.rir 'the Pharmacy Arnerk;s Trusts ~ SinCe t90t' Corporate and Transactional law Qepartment LETTER ®F ALtTHC3RIZATtON Waigreen Ca. ("Walgreens"} hereby authorizes Luce, Forward, Hamittan ~ Scripps, LLP to act as Walgreens' agent wi#h respect to the friing and processing a# any applications, permits, licenses or other approvals required for the sale of beer and wine for off- premises cansumptian at the stores identified on the attached list. This authorizagon includes, without limitation, permission to sign applications an behalf of Walgreens and to discuss the same with a!I relevant reviewing authorities. WALGREE ~''~~ ey. Name: Michael Redstone Its: Seniar Attorney STATE QF ILLIN©iS ----COUNTY -------- 4F LAKE i hereby certify that on this day before me, an officer duty authorized in the state afaresaid and in the county afaresaid to take acknowledgements, personally appeared Michael Redstone, known to be the person described `rn and who executed the foregoing instrument as Seniar Attorney of ViIALGREEN CO., an lllinais corporation, and severally acknowledged before me that he executed the same as such Senior Attorney in the name of and on behalf of said carparatian. ~~`=~~~ WIT y hand and official day of ~ , 2Q14. "QFF}CIAL 8NE 1.1SETTE f+AOREN© NQTARY PUE31.iC, SfiATE t}F ILtlt+tolS MY C4MfMtiSSIQN EXPrRES 8J28J201t in the county and state last aforesaid this ~, ~ ~v~ Signature REAL ESTATE LAW, 144 WILMOfi ROAR, M8 142(7, DEERFIELD, ILLINC}IS 64fl 15 BIRECT PHONE (847j 315-453(7 DIRECT' RAX (847) 315-4825 E-MAIL: MiChSel.RCdatoRee~urelgzCCna.GOm tt' t ; LIST QF ST012ES STORE # ADDRES 5744 5 128 S State C li B le CITY ZIP COUNTY 6726 . o cge ou vard 3720 W La Pat A Anaheim 92806 Orange 6954 . ina venue 3446 W Batt R d Anaheim 92801 Orange 10629 . oa 2560 W Balt R d Anaheim 42804 Orange 7286 . oa 13052 New ort A Anaheim 42804 Ornnge 4388 p venue 10840 Kateita A Tustin 92780 Orange 11415 venue 27714 Ctintan K ith R d Gardtn Grove 42840 Orange 10336 e oa 1538 B Cha m A Mttrrieta 92562 Riverside 1449 10242 . p an venue 481 S. Ventura Road 78218 Varner R d Orange Oxnard 42865 93030 Orange Ventura oa Patin t?esen 922 t 1 Riverside • L 10i2i5443.2 :~ Project Description for f , Stare Na. 72$6 Watgrcens CLIP for Beer and Wine Sales Walgreens currently operates a 12,564 square foot store at I3Q52 Newport Avenue in Tustin. Walgreen's seeks a conditional use permit to allow it to also salt beer and wine for offsite e©nsumptian. This application requests the right to dedicate at Least two percent of existing #loor area to wine and beer sales. As reflected in the attached floor plan, the initial sates program contemplates that approximately 4$ square feet of refrigerated and non-refrigerated space will be devoted to the sale of wine and beer and that approximately 24 square feet of floor area will be devoted to the storage of wine and beer, Walgreens' hears 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 ofsurrounding uses. to 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 ofbeer and wine wilt involve no physical change to the interior space {other than some minor rearrangement of merchandise, shelving and Gaolers) nor to the building envelope, building exterior or landscaping. These minor interior Changes will involve na grading, Construction or Construction equipment at the store. • U ~~t~oa~s.~ (< Mare Na. 728 Description and Justification far 1'ti~atgreens Proposed Code Amendment ~Nalgreens, a larfe, national chain of drug stores operates many stores within Southern Califamia that are between 12,444 and 15,444 sq a feet in size, Including ~n the City of Tustin. The City's current regulations allow "by right" alcohol sales for stores of 15,440 square feet or larger that dedicate I 0°la ar less of their floor area to alcohol sales. All other stores proposing to sell alcohol for ott'site consumption must obtain a CUP and the store cannot be within 544-feet of other establishments that already sell alcohol or 604-feet of churches and schools. Walgreens requests an amendment to the Zoning Code that would treat stores of 12,444 square feet ar mare the same as ones that are at least 15,404 square feet. Walgreens proposes a narrow and minor amendment to Tustin Zoning Code sections 9232(a)(1 }(a} and 9271 (dd}{ I }. Allowing alcohol sales "by right" in stores of at least 12,440 square feet, provided those stores dedicate no more than ! 0°fa 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 adapted Ordinance Na. 1101 in 1992 creating an exemption from permitting and separation distance requirements for stores of 15,000 square feet or Iarger 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 _ __ ____. _ __o~ alss2h~tic bevexages_~s-per-~-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 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 12,040 square foot threshold is high enough that it will still primarily apply to larger operators who have the financial and reputatiana! motivation to provide the security and other operational controls needed to ensure the responsible sale afalcohol. As such, Walgreens respectfully proposes that the City adapt the fallowing cads amendment. Changes to the existing Cade proposed by Walgreens are spawn below in strikeoutlunderline format: Zoning Cade Section 9232 • NAIL COMMERCIAL DISTRICT {C-2} a Permitted Uses In the Retail Commercial District (C-I}, only the fallowing uses (or uses which, in the opinion of the Community Development Director andlor 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: ~J r~~sxs,a t `iture No. 7,~.gfr (a} Alcoholic beverage sales {off--site) located within a buildin and g permitted business with :zt least , 12,044 square feet of grass floor area and where the alcoholic beverage sales area within the building occupies na mare than !0 percent of the gross hoar area. ZonEng Code SeCtton 9232 -RETAIL COMMERCIAL DISTRICT {C-1) ad Alcoholic Beverage Sales Establishments Subject to the Planning Commission's Guidelines far Alcaholfc Beverage Sales Establishments and the fallowing criteria: (! } Off-site - heated in a building and permitted business with less than ~ 12.000 square feet of grass floor area, and permitted businesses with mare than ~i-x;899 ! 2.pp(} square feet of grass Hoar area where the off-site alcoholic beverage sales area within the building accupies more than 10 percent afthe grass Moor area, subject to the following minimum distance regulations: (a) 340 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 ar private school, park, playground, clinic, hospital, health care facility ar convalescent home; and 640 feet Pram any existing an-site sales establishments, except restaurant establishments (b} Minimum distances between off-site sales establishments and residentially zoned or used property, churches, places of worshipZ~u6tc or rivate sc~oc~ls~Pzarks~l~lay~ . . ---- ~_Fiospitals, health care facilities and convalescent Names shat! be computed by measuring the distance from the closest entry/exit provided far public/customer access of the off site sales establishment to the property line of any of the above uses (whether inside ar outside the City boundaries) {c) Minimum distances between off-site sales establishment and another off-site ar an- site sales establishment, except far restaurant establishments, (whether inside ar outside the City boundaries} shall be camputed by measuring the distance between the closest exterior structural walls of each use (d} Specialty stores as defined an Section 9297 afthe Tustin City Cade shall be exempt from minimum distance regulations U ~ o~ sc~1s.~ Fy =. ,n ':.y'!.it'i r ~~ ~ '. i ~ ~ ,. 3 ~~~ ~ ~ { 1~' ~•. x '~> •' ~' y~~Iyy - 1 .. _ ., { ~; ~~~~~ ,'~ S ~; ~ t 'L "s~J ,j ~ s ~ 4 + "; f"~ " _,„~~ ~.. 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ADDRESS jChavez~r%IueC.com October [ 0, 20 l [ 384tS-?28b V[A E-MAIL Tustin Planning Commission City of Tustin Planning Comrnissian 300 Centennial Way Tustin, CA 927$0 Re: WalgreenstCode Amendment 2011-OS Dear Chairman Thompson and Planning Commissioners: This letter is submitted in support of Walgreens' application far Cade Amendment 20l I-O5, which would permit retailers in stares of at least I2,000 square feet to sell alcohol on the same terms as the City presently allows stores greater than 15,040 square feet. As further described below, the proposed Cade Amendment is narrow, consistent the intent of existing ordinances, will facilitate economic vitality and will not materially alter the character ar [and uses within the City or adversely impact police resources ar the community in general. As such, Walgreens requests that the Planning Commission reject Staff's recommendation for denial of Cade Amendment 201 I -OS and instead support approval of the same. Description of the Code Amendment The City's current Zoning Qrdinance allows °`by right" alcahal sales far stores of i 5,000 square feet ar larger that dedicate 10°l0 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 alcahal ar 600-feet of churches and schools. Walgreens requests an amendment to the Zoning Code that would treat stores of 12,000 square feet ar 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 far 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 C3lEG©• San€ ~tas~€vcRSC4 • Lc~s ANGELES • GARME€ VAUEVtDE€. NtAR • OFkANGE Ct7UhlTY • Rar~c€ta SAyTR Ft: DUCE ~~RWAR~ F,h..... M.:.... ~, ... . Tustin Planning Commission Qctober ] 0, 20 l l 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 Waigreens is the nation's largest drug store chain. Unlike many other national retailers, Waigreens takes special care to design its buildings to fit each individual lot where it locates a store, As a result, while Waigreens 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 Waigreens fits a store to the site. Unfortunately, the City's existing Zoning Code punishes Waigreens 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 Waigreens' 15,000 square foot store. Despite this undisputable fact, the Zoning Code arbitrarily prohibits Waigreens from sefiing 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 "Loning Code also puts Waigreens at a competitive disadvantage as compared to, for example, the CVs located down the street that already sells alcohol. Indeed, Waigreens 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 Waigreens' 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 ail their shopping needs in one trip. !n 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 Waigreens to provide the same types of products as other national retailers. sefiing beer and wine will help Waigreens 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 essentiaE to success and Waigreens' ability to maintain its 41 full time and part time jobs. Further, and although the impetus for this change is the Waigreens store, the I5,000 square foot threshold also hinders other well capitalized, reputable, national retailers. This is particularly LL~~E F~~.~uARD Tustin Planning Commission October [ 0, 201 2 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 12,004-25,000 square foot. The Cade 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 far stores greater than 15,000 square feet. The City adopted Ordinance No. [ 201 in 1992 creating this [ 5,000 exemption upon finding that "it has been determined that there is a current and future need far supermarkets and large retail establishments which provide the sale of alcoholic beverages as part of their business but cannot be established due to current [imitations and regulations related to minimum distance requirements between certain [and 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. [ 201-it is a large retail establishment that provides the sale of alcoholic beverages as part: of its business but it cannot da sa due to the current regulations. The Cade Amendment Witt Nat Adversely Impact the Community As Hated in the Staff Report, research based an information provided to us by City Staff indicates that anPy 2 existing retailers within the City may benefit if the Cade Amendment is approved: Wa[greens and Critical Care Systems (a medical supply business occupying a 12,267 square fact space). Staff argues that the true Citywide impact of the Cade Amendment is unknown because of the potential far new construction ar tenant improvements that expand to a size of 12,000 square feet or mare. (Staff Report, p. 6.) As Staff acknowledges, that potential cannot be analyzed and predicted. It is important to Hate, however, that City regulations aPready allow a retailer to sell alcohol by right by constructing a building, or performing tenant improvements to create a 15,000 square fact space. There is simply na support far City Staffs assertion that adverse impacts will suddenly develop because the threshold drops to 12,000 as proposed by the Cade Amendment. The prapased 12,000 square foot threshold is also high enough that it will still primarily apply to larger operators who have the financial and reputatianal motivation to provide the security and ether operational controls needed to ensure the responsible sale of alcohol. Wa[greens, like ether similarly sized and situated retailers, will take measures to ensure that alcoholic beverages will Lt~~E ~E~R~~j t~.. _ . Tustin Planning Commission October 10, 2011 Page 4 be sold in a highly responsible and conscientious manner as part of standard business operations. With respect to Waigreens, 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 annually 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 lag-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 ail 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, l8 packs and cases. Rest~anses to Concerns Raised in the Staff Repart Waigreens' Sale of Alcohol Will Nat Increase Crime The Staff Repart suggests that any code amendment permitting Walgreens to sell alcohol could Lead to increased calls for police service, and further noted that 50°lo-or a total of '1 retail alcohol thefts occurred in the "vicinity" of Walgreens last year. {Staff Report, at p. C.} 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 ofstores in Orange County aver the last couple of years and all I,~~E FaR~~~~ Tustin Planning Commission October l0, 201 1 Page S 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. If 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 [ergs 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, £4ut Instead The Quality C}f The Operators The Staff Report noted that there are 19 a[cahol outlets (on-sate and off-safe) within the ``vicinity'" of Walgreens. Given that Walgreens is located within a very busy commercial corridor, the number ofexisting retailers is not out of line with the commercial needs ofthe 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-[owever, problems can arise when retailers fail to conduct their sales in a professionaE, 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 Cade Amendment requires retailers to devote only a small amount {10°l0) of space to alcoho! sales. Any retailer selling alcohol will also need a license from the California Department of Alcoholic Beverage Control ("ABC"}, Pursuant to California Business & Professions Cade section ZSbl2.S{c}, issuance of that license will be subject to a number of additional conditions that wilt protect the public health, safety and welfare, including: The posting of prominent signage stating "NO LOITERITtiIG [S ALLOWED ON OR IN FRONT OF THESE PREMISES'. "i`he posting of prominent signage stating "NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON TlIESE PREMISES" L~C~ FoRW~1RD Tustin Planning Commission October 10, 201 l Page 6 • A prohibition against consuming alcoholic beverages at the stare {including parking Lots and walkways) • A requirement that the exterior of the premises be illuminated during all hours of darkness {while the premises is span for business} in a manner so that persons standing in these 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 fats under Walgreens' control within 72 hears. These measures, along with the quality of operator that can benefit from the Code Amendment, ensure that the community character will not be harmed, ar even adversely affected, by allawrng large stores to sell a smolt amount of alcohol as a matter of right. 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, !et 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. In 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 & Pasy 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 6e 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 alcahaP sates as part of standard, customary operations that the public ~~~~ ~~RWt~,RD F.... Tustin Planning Commission October 1(~, 2t} I l Page 1 expects. The proposed t 2,f}00 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, Jennifer La Fond Chavez for LUCE, FORWARD, HAMILTON & SCRIPPS LLt~ J LCl cc: F3rian Fish, Esq. Michael Redstone, Esq. Ms. Edmelynne Fcutter f0l682873.I ATTACHMENT No. 1 Zoning Code Section 9232 - RETAIL CQMMERCIAL DISTRICT (C-I} 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 andlor 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 -(3;989 12,000 square feet of grass 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. far retail businesses en~a~in~ in alcoholic beverage sales (off- site} meeting the qualifications of the preceding sentence. Zoning Code Section 9232 -RETAIL CC?MMERCIAL DISTRICT (C-I} dd Alcoholic Beverage Sales Establishments Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments and the following criteria: (t) C}ff--site - located in a building and permitted business with less than ~1-989 12,000 square feet of gross floor area, and permitted businesses with more than -1-888 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 an-site sales establishments, except restaurant establishments {b) Minimum distances between off-site sales establishments and residentially zoned ar 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 far 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 def ned in Section 9297 of the ~`ustin City Code shall be exempt from minimum distance regulations Zoning Code Section 9297 - DEFINITIQNS "Convenience Store" means any establishment under iii€t~t twelve thousand 0;988} 1( 2,U00) square feet in size where food, beverage, magazine and auto reEated itetrts, or any combination thereof, are sold for off-site use and/or consumptian. ATTACHMENT No. 2 2612/14/14 14:~T:IS 2 r21 TQ INCREASE THE CONVENIENCE flF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING TIIE CITY TO AMEND THE ZONING CODE IN A WAY THAT WQULD ALLOW WALGREENS TO SELL ALCOHOLIC BEYERAGBS. CURRENT RULES PERI4ITT STORES GREATER TITAN IS,Q40 SQUARE FEET TO SELL ALCQHQL EYEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL IN THE V IC[iYITY, WALGREENS IS ASKING THE CITY TQ ALLOW STORES GREATER THAN 22,5{lU SQUARE FEET TO SELL ALCOHOL QY THE SAME TER"4tS. PLEASE 3IT©w POUR St;FFORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SHO[TLLT? AUTAflRI~E THIS CfldL AMENQMEiYi' ANd ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREEN ~TO~dEDICATG A SMALL SECI"IQN flF THE STORE TO ALCOHOL SALES. Date 5ipnatuta Print Nf~ma Cltr ~ reside»t t1'~ ~ I ~~ xa~~ . U {} LL tQ $ ~ -~. S 45S ` ~. ~' "Ctn~'S ~ Ja-,• A i ~., . 201161QlIO 10:47:25 3 /21 Date Si~nat Print Neese Chy ~ ~ ~ ~ ~- a ~ ~~ ! 1 ~~X x~e~ ~. c~e~,.,. ti`"'"p L. b crt, It/~1 ~ ~ ~ L .~- .t?~ 1 r~ I ~~ ~~t~~tntta ~o: « .is a ,fzr Zou/lotto io:aT.ts s Izt zaul~ana io:ez:r5 ~ Its Datt Signature Peiat Nerae City ~ resfdtnt (X~Tt) It t i ~'Y~ d .n ~ . C "~ K1~^~,{ r~ r f ~-----' ~. ,~~. D G l~ ~ ~~ tT ~ ~~ ~. ~a ,,4 ~,~. ,~ ~ ~ ~ ~ - ~ ~ ~~ ~ ~ ~~ ~~ _ ~~ ~ ~ ` t . R „~~ ~~ t `~4 ~«1'~ ~t ~ . r E J ~ _ Yt f ~./ G ~ C tr v zal~~looro ia:at:i~ 1 /zi 2011110(10 10:47:15 $ /21 G? ~azztzatza za:ar:~s 9 tzz Dste SiEnaiure Prlni :Vamo City residcgt (YfN} e r l ~~ t ~ c ~ ~,~ ~ ~ ~ Ca ~l~ .~-~ ~ ~`~ G u ~~ u~rti r` .~/ ' °~`~~ ~ k?~!f' ~ ~ ic' C~,~ttC. ~ Y (f D ~ 'r I,~ 4~'i~'w ' '~~ E ~ ~ * S ~ i # ~~ ~ W ~A ~. ! ~i y,.,,,,r ~' ~C~..~"~4~~. ~ .rte ~ ~.. ~- f ~ '~ f 1 / 1 {~ Y ~~ ~ ~' W /s + A V, ~ za~~/ta~ia 1o:a7:rs is fzi Tfl INCREASE THE CONVk~,NIENCE OF' YOUR SIiflPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMEIwtd THE ZONING COI1E 1:~1 A WAY THAT Wb'UIaD ALLOW WALGREP.NS TO SELL ALCQHOLIC BEVERAGES. CURRENT RULF3 PTR.~IIT STORES GREATER THAN iS,fl00 SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETAILERS ARE ALREADY SELLING ALCOHOL tN TEIE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER THAN ~ 2,Stl0 SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW YC-UR SUFPURT BY SIGNING BELOW [F YOU AGREE THAT THB CITY S'fIOUI~D AUTKORIZE THIS CODE AMENDMENT AND ANY OTHER APPROVALS REQUIRED T4 PERMIT ~VALGREENS TO DEDICATE A SMALL SECTION OF THE STORE TO ALCQHOL BALLS. D#tE St~uture Prtat Nams City resident {Y1N} _ j'I~t~ r~. ~-'~f I ~ ~} a-ac; rab~.~r ~ Q~ ~~ ~Q~ iI ~~ ~ ~~ ~ ~~ L ~ ~r C0~ ~ ti `~~ rtc~ ~' ~-- :~-~- ~ ~ ~~ ~ .~ ~' ~ ~ .w~ ~ w ~, ... .~- ~ ~.~ i ~ ~ fork ~ ~i ~ ~ r ~.. , ~ ti zoilfiana io:~z:~4 ~i fzz 2011f10f10 10:41:I5 12 f21 2~11f10liQ 10:~?:li 13 /2I 2011I14fi0 10:47:1$ 14 j22 'I'O IIVCRi;A5E THE CONVENIENCE OF Y©UR SHOPPING EXPERIENCE, WALGREENS iS ASKWG ?HE CITY TO AMEND TiiE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREIrN3'T4 SIELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER THAN IS,O{!4 squAR~ FEET TO SELL ALC{}HC1L EvEN ~ aTHER RETAILERS AREAL Y SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLOW STORES GREATER ~ `I°HAN I2,500 SQUAItL~ FEET TO SELL ALCOHOL ON TKE SAME TERMS. PLEASE SHOW YQUR SUPPORT BY SIGNING BELOW 1F YOU AGREE THAT THE CITY SAOULD AUTHORIZE THIS CODE AMEyDMENT AND ANY O'CIiER APPROVALS REQUIRED TO PERMIT WALGREENS TO DEDICATE A SMALL SECTI©N OF THE STORE TO ALCOHOL SALES. aasztlotio ao:~~:is is tai za~~~xot~a la:a~:~s ~6 jai zazzlzalza za:ar:zs zr !rz zozztzana za:~~:z5 zs tzz 1011/14110 10:4J:15 14 121 Date SiEnaturt Print Name Ctty resident (Y/3Y} ' ~~~ r ~? y } t ~, -~ ~r , ° `~ ~ r ' ~-~ G~ ~ ~ ~ ° ~ ~~aa~--- yet ~t i ~~~~~4:~ ~ ~ . ~~ t ~ 1t~ a ~~ ~ ~ ~~~ t /4t ~~ ~,''~ ~f~ t ~,~, i~ f! ~ e r S ~ 1u ~(li 1 r,, ~ rg 4412/14ft4 14.47.iS 20 /22 TO INCREASE THE CQNVENIENCIi OF YaUR SHQPPIIVG EXPERIENCE, WALGREEN5 IS ASKING THE CITY' T® AMEND THE ZONING CODix iN A WAY TIiAT WUULD ALLOW WALGREENS TO SELL ALCf}HQLIC BEVERAGES. CURRENT RULES PEIL"VIIT STARES GREATER THAN IS,6Qfl SQUARE FEET TO SELL ALCOHOL EVEN IF QTHER ItLTAiI.ERS ARE ALREADY SELLING ALCOHOL IN THE VICINITY. WALGREENS IS ASKING THE CITY TO ALLC?W $TQRES GREATER TRAM 12,0!) SQUARE FEET TO SELL ALCOHOL OK TIIE SAME TERMS. PLEASE SRUW YOUR SUPPORT RY SIGNING BELOW IF YflU AGREE THAT THE CITY SHOULD AUTHORIZE TH]S CODE AMENDMENT AND ANY OTHER APPROVALS REQUllt1ED TO PERII~RT WALGREENS TO DEDICATE A SMALL SECTION OF THE STORE Tt? ALCOHOL SALES. ZOIl/lOd1Q lO.dT:li 2I dTi Dats St~n~turs Print Name City ft'SttltAt ~~ j,. ~ -~._.~ td-7r~ '' t U-?-l~ ~ Gtr C,tus- NC~.~ a ~ .~,: :~.. 2011fI0I10 12:12:22 2 J42 i!~' 2011l10l1Q 12:12:22 3 /d2 tali/Ia11a iz:il:tt a /at abrulotza ra:~~:~z s taz zit/patio 12:rz:zz ~ tai TO iNCI~ASE THE CCENVENiENCE OF Yt}13R SH(}PPINC EXPERIENCE, WALGRE~:.vS 1S ASKING THE CITY Tfl AMEND THE ZONING CODE IN A WAY THAT WOULD AGLOW WALGI2EEN3 Tfl SELL ALC©HOLIC BEVERAGES. CURRENT RULES HERMIT STARES GREATER T`I~AN 1S,OOf} SQUARE FEET TO SELL AL,COROL EVEN IF (?TREK RETAILERS ARE ALREADY SELLING ALCOHOL IN THE VICiN1'1'Y. WALGREENS IS ASKING THE CITY TO AGLOW STARES GREATER THAN 12,SOQ SQUARE FEET TO SELL ALCOIiOL ON THE SAME TERMS. PLEASE SHOW YOt;R SUPPORT BY SIGNING BELOW I!~' YOU AGREE THAT TAE G't1'Y SHOULD AU'FHURIZE THIS C©pE AMENDMENT AND Ac~iY OTHER AFPRt3YALS ItEQtFIRED TO PERMIT WALGREEtiS T© DEDICA?E A SMALL SECTION ©F THE STARE TO ALCOHOL SALES. 201I/16l1d 12:12:22 7 JA2 zaut~ol~a iz.iz:zz a Paz Td INCREASE THE CONVENIENCE OF YOUR SIIdPPING EXPERIENCE WALGREEN5 IS ASKING THE CITY Tt} A:~tEND THE ZdNING CODE LEI A WAY TEiAT WOULD ALLOW WALGREENS TO SELL ALCOAOLtC BEVERAGES. CURR.E,NT RULES PERERlVt1T STARES GREATER THAN IS4QQQ SQUARE FELT TO SELL ALCOHOL EVEN IF QTHER RETAILERS ARE ALREADY SELL~.NG ALCOHOL IN THE VICINITY. V1tALGREENS IS ASKING THE CITY T® ALLOW STORES GREATER THAN 12,540 SQUARE FEET TO SELL ALCdItOL ON THE SAME 'FEiL'VI3. PLEASE SHt}W YOUR Sl; FPORT BY SIGNING BELOW iF YOU AGREE THA?THE CITY SifOULD AUTHORIZE TRIS CODE A~'VIENDMENT AND ANY OT$ER APPROVALS REQUIRED T4 PERMIT WALGREENS TO DEDICATE A SMALL SECTION OF THE ST4R~: Td AI,COKOL SALES. 4 ~~ 2az~hal~o 22:I2:22 9 147 [ Y ~. TU INCREASE TkIE GUNVENIENCE OF YUUR SftOPPING EXPERIENCE, WALGItEENS S ASKI G THE CITY TU AMEND THE ZONING CODE IN A WAY THAT WdUL1? ALLOW WALGREENS TQ SELL AIrC(}Ht?L[C BEVERAGES. CURRENT RULES PERMIT STORES GREATER TAaN 13,0€}0 SQUARE F`EE"i' TO SELL ALCt?HdL EVEN tF OTHER RETAILERS ARE ALREADY SELLING ALCOIfUL IN THE VIC~iITY. V~ALGREENS IS ASKING TiIE CITY Td ALLOVI~ STURES GfLICATE[t THAN 12,544 SQUARE FEET' TO SELL ALCOEIOL OY TIIE SAME TERMS. PLEASE SHOW YOUR 3UPPQRT i#Y SYGNIYG BEL®W IF YUC AGREE THAT THE CITY SRdULD AUTHQRIZE TI~iIS CURE AMENDMENT AND ANY OTHER APPROYAlS REQUIRED Td PERMIT WALGREENS TO DEDICATE A SMALL SECTiQN OF THE STORE Td ALCd.HOL SALES. za~x/Patio u:iz:zz is t~z - _ ~aufiojia ia:~z.za z~ faz eau/iaho ~~;~2:zi iz t4z zoiijiatlo iz:iz:az i3 /az 1Q11j1Qf10 22:12:22 24 (dZ 2Q2 UlOlIO 12:IZ:22 15 /42 z~u/iono ia:iz.z2 a~ iaz 20!!fl~fl0 12.!2:22 !7 l42 2011/IO/10 IZ:I2:22 18 (42 ~~~~eS -.`~1 ~~ O E 'Date Sl~nstnre Print Nt~tne City resident (Yii'~i)' ~ ~ ~ ~)~ o - ,y~,tr E } 1 ' t t p y Ze ~1 1 ~ ~ ~ ¢' /'~ f / ~ ~ 7 l / J ~Lt E'r`j/ ~ ~ ~ t ~'- ,i /~ t r~k rn x ~ C'tCt.:~ ~~ ~ ~ ~ ~ ` {.1 C 1 ~ 3Q ~ ~ (~ i i d-tM ZQ22/LQfYO 11:22:22 2I /42 .~ ~k zoii/io~za ~z:zZ:z~ zz taz 2a11I1a/1a 12:12:22 23 142 '~~ JOt1fIf}fI0 I2:I2.22 24 J42 -~~, 2611J10/10 12:12:22 25 /A2 1Q11110/IQ 12:12:22 26 /42 flats nature Print Name Cltp resSdetiot {Y~'IV) rtt ~ ~ { i i i 1 I i zaiitlat~a zz:iz:az zr !az 2QI1i40j2b t2:iZ:22 28 j42 TO INCREASE TIIE CONVENIENCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO A:biEND THE Z{?NIItTG CODE IN A WAY TRAT WOULD ALLOW WALGREE.'~S TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMIT STORES GREATER T~I.A4N 15,ti0Q SQUARE FEET TO SELL ALCOHOL EVEN IF OTHER RETA[LERS ARE ALREADY SEL ING ALCOHOL IN T[3E 'VICINITY. WALGREENS IS ASKING THE CITY TO ALLt3VV STORES G TER THAN IZ,S(}(l SQUARE FEET TO SELL ALCOHOL ON THE SAME TERMS. PLEASE SHOW OL1R SU'PFORT BY SIGNING BELOW IF YOU AGREE THAT THE CITY SA4L"LD AL~THOItI2 THIS COI>E AMENDMENT AND AltitY OTHER APPROVALS REQUIRED TO PERNllT WAL~REENS TO DEDICATE A SMALT, SEC°FIOK OF THE STORE TO ALCOHOL SALES. 2ozih©l2o i2:fz:zt zs /az ~t zo~itiotzo iz:iz:2z 30 l~z Tfl INCREASE THE CONVEN[IrNCE OF YOUR SHOPPING EXPERIENCE, WALGREENS IS ASKING THE CITY TO AMENIt THE ZONING CODE IN A WAY THAT WOULD ALLOW WALGREENS TQ SELL ALCOHQLIC BEVERAGES. CIIRREN'I° RULES PERMIT STORES GREATER Tl~AN tS,QOQ SQUARE FEE'C TQ SELL ALCUHOL EVEN IF (}THFR RETAFI.ERS ARE ALYiEADY SELL[NG AT~CQHUL [N THE VICINITY. WALGREE~IS IS ASKING THE CITY Tq ALLOW STORES GREATER THAN 12,30U SQUARE FEET TO SELL ALCOHQL t3N THE SA.'tiiE TE . PLEASE SBOW Yt3UR SliPPtlRT BY SIGNING REGOW IF YOU AGREE THAT THE CITY SHOULD A[3"TEIf}RIZE "~I'HIS CQDE AMENDMENT ANt! ANY OTHER APPROVALS REQUIRED TO PERMIT WALGREENS T® DEDICATE A SMALL SECTION QF THE STARE TO ALCOHOL SALES. 2Q111IOf10 12:12:22 3I I42 2011/IO/10 12.12:T2 32 /d2 .t e zaaYt~o/lo iz:iz.zz ~3 taz llsfe Sl~neture Print Name ~ Cltr reside~tt {lc tfd) , s? y ~ ~` -r~rJ eu` ~ ~s " ~8 s ~'s '~ . ~ ? ` ~` ~ r e"'- L ltd !~'C`,f' t.tS' r~ s ` '~-S ~, f-~..-r - ~ ; ~. ~~ ~~ ~ ~ ~~ ~~ ~ ~ ~ ~, ~,,,.,,. 4 t r ~ ~ ~ .r t I/ j~ I ~'' A ~ 4• {~ 201111dj1d I2 :12:22 34 J42 Date S{gnatur Print Name Cite Z ' r~edtlnt l e ~ f--~ ~ h Z~ 57,,.. ~ ' ~'Y S c'~1•-S ~'- ~'~' !F scsQ ~.S ~'~ r ~T~ ~ ~,,,'"Z { f'~t `~' ~~ ~~ L~ ~ t v ~ 7,+~Z. L ~U O 2011/Y0~10 12:12:22 3i /42 zaiuiat~a iz:u:zz s6 t~aa Dente St~naturc Frint,tiame City .~~.,~ rafdeht (Y~ ( r ~~ f ~~ ~~ '11e 1t V SS ~ q~tit ~ ~ ~ r ,Q~ l r r ~, ~ ~ ~~o~ sue e5 I ~ tt ~ ~ ~~ ~` ~~ 4~ ~- G~~r~-~ ~~~, ~ s ~~ ~.~ cc~ r U 2Q11f1Qf1Q 12:11:T2 37 fd2 2011/201Y0 12:12:22 3& !42 pate SiCnsture Print Namt Ctty reaiaeht ~~" ~~ ~ ~ ~ 2~i~-'. ?•.~ ~=r.~V1 l ~~ t ~ 2.~ °' ~..------- . ST~~t~, 2~ ~ ~ ~ '` l~jt4G~t ~~ 4GY / r i ~~ ~~ Zb '~ _ ~QkK~S ~~. 211/10/10 12:12:22 39 j42 20211~~l10 22:12:22 DSO l~12 Date SfYnuture E'rlni Name City raid~att ~YM~ f/1< < ~~. ~~ t fire E( m ~~~ ~•~~1 I 1 241Id14di4 11:11:22 dl 142 2011/10/10 11:12:22 ~F2 /42 Tt} INCREASE THE CO;WYENlENCE OF YOUR SHOPPING EXPERIENCE, WALGREEiSS IS ASKING THE CITY TO AME,NU THE ZONIi'~G CODE IN A WAY THAT WOULD ALLgW VVALGREE~'S TO SELL ALCOHOLIC BEVERAGES. CURRENT RULES PERMFT ~ PORES GREATER TI~.~lt+t IS,000 SQUARE FEET TO SELL ALCE}HOL EV1N [F OTHER RETAILERS ARE ALREADY SELI}ING ALCOHOL iN THE VICINITY. V4+ALGREENS IS ASKING THE CITY TO ALLOW STORIES GREATER T1fAN 12,540 SQUARE FEET TO SELL ALCOBOL ON THE SAiME TER3~iS. PLEASE SHOW YOUR SUPPORT HY SIGNING BELOW IF YOU AGREE THAT THE CITY SHOUI,I} AG'TNORIZE; THIS CODE A.'~lE;<IDMEKT AND AVY OTHER APPROVALS REQUIRiEU TO PERMIT WALGREENS 1'O DEDICATE A SMALL SECTION OF' THE STORE TO ALCOROL SALES. ATTACHMENT C SUBMITTED ANALYSIS QF EXISTING SIMILAR BUSINESSES CJ r~ u ~~Y ,-,I l~ l~`~t~: ~t~ ~ 5~` LI YCit1t~ lt3 irk .. . t • .~ ....~tl ~ .~ :~ ~~~`it~F.R LA ~'t}~pCHAVFZ. As~at-tA7f. Dtaecr f}tAt Atvn t= s~ ~t ~,~a~R 614.6g9_~?937 EMAtt. App~E~$ ~ehavez=cc lu , ce.com .dune !~, 2(}! ! VIA E-MAIL & U.~, MAIL Ms. Edmelynne V Hurter Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92780 .1, t3 ~~~ ~T ..I !` f i'~7 i ~ _'tt? j' ! 1 j '~ h.u~.i ..:tit.-,,, e ~,.r~ ~aMMUr~rry o~,~tQt=~,,~,Y,. ~T' 384!5-7?gg Re: Wafgreeres/Fropvsed Code Amendment Citywide Impact Analysis Dear Edmelynne; !n response to Wa! reens' g proposed Cade Amen impact atjaiysis. Speeifiea!! dment, Yau asked us to conduct a the <.'ity, that the City identifiesyas wixh n SfCtCade rmine haw Citywide between !2,000-14,999 s many existing businesses within quare feet. ~t tubers 54l ! and 5912, operate in stares of that information. In respanse, the City's Business Liven e submitted a Public Retards Act request to the City for businesses. 4f these 3S businesses, 2 ! ahead stag office provided us with a list of 35 !'YPe 20 ar TYpe 2l ABC license. Y salt alcohol far affsite consurn tiara oral twat-..._. g .building permits far the remaining 14 business P revea t to a Y Wal reens and Critical Care Systems (a medical su square foot space} ~~ located in buildings of between 12,000-14 l that two stares could thearetica!!y utilize the Cade Am pplY business occupying a 12,2~~ biven the ether ,justifications we af~'ercd in our e ,999 square feet. As only these endment to offer limited alcaho! sales, and Walgreens' Proposed revision. arlter submission strong support exists for f have enclosed far your reference a cagy of the list of have marked up that list to identify which businesses a! ~~ businesses provided b license and have else included same infarrnation fro ready bald a Type 20 or T the~City. [ licenses. Also enclosed far your reference is a ea m the ABC s w YPe `-l ABC businesses provided b ebsite cancernin y the City in respanse to our Publioc R~~~ ds q g e~~its far the re wining q est. ~rhe square footages fur f teatthcare Pharmacy at 14642 New fret. spcc~frcd on the building permits. but it seems clear from {; Port Avenue and India Sweets & Spices at i~t44t Ncw o+}gte Maps that these establishments operate from spaces smaller than f 2, Part Avenue were ncx ~ square d tl f SSti424.2 ~., nr _ ~.. ,-. C7 C~ i ~~Y LxL ~\~~ Y~~t\~ ,i ~Rh~r`~ .€s . .. Ms. Edmelynne V. Rutter .Pone I ?, ?0 ~ l Page Thank you again for your assistance with this matter. Please !et me know i questions or if we can help in same other way, f you have any Sincerely, ~ ~~~~ 1enn~fer La Fond Chavez for LUCE, Ft:}RWARp, HAMILTON &c SCRIPPS LLP 3LCt Enclosures cc: Michael Redstone, Esq. U ro r;so~za z i ~ U ~ ~ O ~d ~ o sry ~ ~ ~'~' `~~' ° o ~ W v r y > E+ r -t `~ C? ~ G3 F-r ~ .-~ ff! 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G'S ~,t, w .~, C.' v O O :c7 GY C;atttornra Af3C: - L,tcense t~uery System -Data Summary • - Anse [nformatinn >nse Number; 344304 teary Owner; CHEVRON STATIONS INC Office of Application; I I -SANTA ANA mess Name ig Business As; CHEVRON STATIONS INC 1807 mess Address ress; 17241 I7TH ST Census Tract; 0757.OI ; TUSTIN Count ;ORANGE ~; CA Zip Code; 92780 nsee Information nsee; CHEVRON STATIONS INC C7 e.~q;ClI:4C E ~$ t License T ; 20 -OFF-SALE BEER AND WINE License T e Status; ACTIVE Status Date; 04-MAR- 1999 Term; 12 Month s On~inal Issue Date; 04-MAR- 1999 Ex iration Date; 29-FEB-2012 Master; Y Du licate; 0 Fee Cade; P40 ~urrent Disci iinar Action . No Active Disciplinary Action found .. . Fage 1 of 2 t..a~rrorn~a ~t~L -License Query System -Data Summary Page 2 of Z .. Nv 13ircf Eina Hi~to ound , . . old Information .. No Aetive Nolds ound ... 'SL'raw .. 1'V{l ESCrOt1J (?Ultd .. . - - -End of Report - - - For a definition of codes, view our-41c~ssarv. C C Cratitornia ABC; -License (,query System -Data Summary • - irense Infarmatio~~ ~I.lcense Number: 479559 rlmar Owner: GARFIELD BEACH CVS LLC C OfFlce of A licatian: I 1 -SANTA ANA usness Name Rlecinnaa Aa. !`[IC bL7 w n t ~ . r.tr c, n.,., C -- - iaiae s.r~~., i VO~LI usiness Addres.5 ddress: 17642 17TH ST Census Tract: 0755.04 !t : TUSTIN Count :ORANGE fate: CA ZI Cade: 92780 icensee Information icensee: GARFIELD BEACH CVS LLC Cam an 4 cer In vrmatian Officer: CVS PHARMACY INC MANAGING MEMBER lcensee: LONGS DRUG STORES CALIFORNIA LLC Co an O cer In ormativn Officer: LONGS DRUG STORES LLC MEMBER Officer: LANKOWSKY, ZENON PRESIDENT Officer: CIMBRON, LINDA SECRE'TARYIASSTSEL} Oft3cer: MOFFATT, THOMAS SECRETARYJASST SEC Officer: DENALE, CAROL, ANN VICE PRESIDENTfTREASURER itense 'I` s 1 License T : 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 09-SEP-2009 Term: 12 Manth s Ori 'naI Issue Date: 09-SEP-2009 Ex iration Date: 3I-AUG-2011 Master: Y Du licate: 0 Fee Code: P40 License T was Transferred On: 09-SEP-2009 FROM: 21-=~3y332 '~trrent Disci linar ~~ctii~n .. NQ Active Disci lino Action aund .. . isci linar Hi~tor .. Na Disciplinary History found ~c~ld Informattan .. No Active Holds found .. . Page 1 of 2 C;aiifornia ABC -License Query System - L?ata Summary Page 2 of 2 .. tVo Escrow ound ... _ _ -End of Report - - - For a definition of cedes, view our lossai• J ~:ai~tornla ABC -License Query System -Data Summary • .icense [nfarmatis~n ,icense Number: 194420 'fl_._ `mm'y C)wner: VG1NS COI+rIpANIES INC THE -BC Office of A Ucation: I I -SANTA ANA Business Name VONS 2324 r, ~~ r~ ~J tusiness :address - ~ddress: 17662 17TH ST Census Tract: 0755.04 'it : TUSTIN Caunt :ORANGE tate: CA Zi Cade: 92780 icensee Information icensee: VANS COMPANIES INC THE COIItDQItV nf1`ira~ I..1~.....,..~__ On 'nat Issue Date: 09-FEB-1987 ----~~ Ex iration Date: 30-3UN-2011 4faster: Y Du tieate: 0 Fee Cade: P40 ~urrent Uisci linar tlction .. No Active Disci lina Action aund . , . )i~;ci linarv Histor .. No Disci lines Histo ound .. . f€~Id Information 1) License T e: 21 -OFF-SALE GENERAL License T e Status: ACTIVE Status Dote: 09-FEB-1987 Term: 12 Officer: KELLER_THOMAS C PRESIDENT Officer: SHINK, SAM SECRETARYIASST SEC Officer: GORDON, ROBERT ALLEN VICE PRESIDENT Officer: KENDALL, MILES CHARLTON VICE PRESIDENT Of"Iicer: ZYLSTRA, DAVID JOE VICE PRESIDENT Officer: MITCHELL, WENDALL VICE PRESIDENT/SECRETARY} t}fficer•. FOX, BRADLEY STt.TART VICE PRESIL?ENT/TREASURER icense Tv s [ald Date: 29-JtIL-1997 T :FORM 220 .. No Escrow Page 1 of 2 California ABC -License Query System -Data Summary - - -End of Report - _ _ Far a deftnitian of codes, view our lc~ss:~ . Page 2 of 2 U ~~ +~adiiu~f,sa ~-,~s~, - License c.~uery System -Data Summary • .iceitse I ecense Number: 129 imar Owner; VONS COMPANIES INC THE C Ofllee of A lication: 11 -SANTA ANA usiness Name oin Business As: VANS 2146 usiness Address ddress: 550E 1ST ST Census Tract: O'75S.Q~ it : TUSTIN Count :ORANGE fate: CA Zi Cade: 92'780 icensee Information icensee: VONS COMPANIES INC THE Co O cer Cn ormation Oflcfcer: KELLER, THOMAS C PRESIDENT Officer: SHINK, SAM SECRETARYfASST SEC Officer: GORDON, ROBERT ALLEN VICE PRESIDENT E3f'Ficer: KENDALL, MILES CHARLTON VICE PRESIDENT Officer: ZYLSTRA, DAVID 10E VICE PRESIDENT Officer: MITCHELL, wENDALL VICE PRESIDENTISECRETARY Officer: FOX, BRADLEY STUART VICE PRESIDENTITREASURER icense T es 1) License T e= 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 28-SER 1982 Term: 12 Month s Ori `na1 Issue Date: 28-SEP-1382 Ex iration Bate: 30-JUN-2011 Master: Y Du licate: 0 Fee Code: P40 urrent Disci Tina Action • • No Active Disci lino Action ound .. . isci linar Histor .. No Disci tins Histo ound .. . old Information • • No Active Hodds ound .. . screw .. No Eserow found ... Page 1 of 2 E.tfn~.. d/......... ..L.., ~._ __.. ~e .. ...._ . a,.. caaacuxxxxa nut., t..iC;GiiJC ~ti~I'y J~SCeTCi - uata ~Ui22ITtai'y Page 2 of 2 ---End ofRepQrt--- For a definition o€ codes, view our xYic~s;~t• . ~~ ~_~ ~~ ~~ L~s....Ft.______. _~_ __ _ _ r ~ ,. ,.,,- ~ ___ C:aittc~rnia ABC -License Query System -Data Summary • icense inforrnatiot~ __ icense Number: 56782 ri a Owner: THRIFTY PAYLESS INC BC Office of Application: I I -SANTA ANA usiness Name ping Business As: RITE AID STORE 5755 esiness Address ldress: 630 E tST ST Census Tract: 0755.05 t~TUSTIN County t}RANGE ate: CA Zi Code: 92780 :ensee Informati~~n :ensee: THRIFTY PAYLESS INC Officer: BLACK, KENNETH C PRESIDENT Officer: SCHROEDER, MATTHEW TREASURER Officer: PODGURSKI, MICHAEL VICE PRESIDENT Officer: GELMAN, IRWIN LAWRENCE VICE PRESIDENTISECRETAR Officer Y©UNT MICHAEL C VICE PRESII3ENTISECItETARY) 1 License T e: 2I -OFF-SALE GENERAL License T Status: ACTIVE States Date: 21-MAY-1997 Term: I2 Month. s Ori 'nallssueDate:01-3AN-I994 Ex iration Date: 3Q•,IUN_201 I Master: Y Du licate: 0 Fee Code: P40 'urrent I}isci Einar ~lctiur2 Re ,Number: 08068050 isci Einar Histor Re .Number: 06062362 1) Section: 2565${a) 2~ Section: 24200~aR~h1 - Yroceedin Status: CLOSED Decision: SUSPEND Sus ensign Da s: 10 Sta ed Da s 10 FOIC/Fine: Sus ensign Start Date: Sus nsion End Date: Re .Number: 95032484 Page 1 cif ~ c...aciivicettu nt~t,.. ' LtC;CdiSC l.~tY~r~ J}'StEit'1 - llata ~urnmary ~ Sectt`an: ZS65 a} 2 Section: 242 a&b} Proceedin Status: CLOSER Decision: POIC Sus nsian Da s: PS Sta ed Da s 0 POICIFine: 300Q Sus nsion Start Dater Sus nsion End Date: F-Ic~id Is~~ormxtior~ .. No Active Hotds ound .. . I•.scrotiv .. No Escrow found .. . ---End of Report--- For a definition of codes, view our ~losszry. ~~~(' ~ Of ~_J C: CaCitorn~a ABC -License Query System -Data Summary pa8e 1 ~f ~ • C~ ~i,icense [nti~rrnation __ ___, icense Number: 479480 rimar Owner: GARFIELD BEACH CVS LLC C Office of A oration: t I -SANTA ANA usiness Name (iUointt Business A,s: CVS PHARMACY 8877 - ~ Business Address ddress: 671E 1ST ST Census Tract: 0755.05 -- it : TUSTIN Count :ORANGE fate: CA 2i Code: 92780 icensee Information icensee: GARFIELD BEACH CVS LLC C Officer: CVS PHARMACY INC MANAGING MEMBER icensee: LONGS DRUG STORES CALIFORNIA LLC e'antpanY l)1Frcer Informatinn Officer: LONGS DRUG STORES LLC MEMBER OtTicer: LANKOWSKY, ZENON PRESIDENT Officer: CIMBRON, LINDA SECRETARYlASST SEC Officer: MOFFATT, THOMAS SECRETARY/ASST SEC Officer: DENALE, CAROL ANN VICE PRESIDENT/I'REASURER icense "C es 1} License T e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 03-SEP-2009 Term: I2 Month s Ori inai Issue Date: 43-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: 2 I --C3937I "urrent Disci Tina ~#ction .. No Active Disci lino Action ound .. . isci ilnar HISIoC .. No Disci lino Histo - ound . , . csid Information .. No Active Holds found .. . Cai ifornia ABC -License Query System -Data Summary Page 2 of ~ __ _.-- .. No Escrow found .. , ---~ndofReport--_ For a definition of codes} view our ~lossa.zy_ ~J t,at~~c~rnta t-~tst., - License t,~Uety ~ysteti~ - DaCa Sumri2aty • - r, ~. - - -End of Regan - - - For a definition of codes view our lt~ti~a Paget ©f 1 c,~e...,.~~......._. _~-_ __ _ _ . , . ...~... . ~at:tornra ~t3C: - .icense Query System -Data Summary Page 1 of I ' ~. ~ California Department of Aic~h€~Iic ~~ Beverage Control license ~uer,~ System ~ummczry as ~ 113/2Q11' .icense Information .icense Number: 2401 I5 'rimers Owner: NGUYEN, BA VAN -8C Office of Application: I I -SANTA ANA ~usinas4 Name As: SHIRLEYS iN & OUT FOQD MARKET E~u4inass :~ddrass Address: 725 EL CAMINp REAL ;;its: TUSTIN County: t:}RANGE state: CA Zip Code: 92780 ~icansee Information .icensee: NGUYEN, BA VAN .icensee: NGUYEN, BINH THANH acansa "CF~nes Census Tract. 0755.05 1) License Type: 20 - C}FF-SALE BEER AND WINE License Type Status: ACTIVE Status Date: 04-DEC-1989 Term: 12 Mc Qri 'net Issue Date: 04-DEC-1989 Ex i Master: Y Duplicate• 0 Fee Cot .arrant Disciplinary Acti~,n .. No Active Disciplinary Action found riscir~~inar~~ Histnrv .. Na t3isciplinary Histcx~ound Iolc1 Information .. Np Active Holds found .. . `. Na Escrow found .. . ---End of Report--- r~ u cn(s1 ~tion Date: 3I-MAY-2012 : P40 For a definition of axles, view our Ic~ssar,~. t,-utctvttttit txDC_ - t-ICe31Se L~tlety JyStem -Data Summary • - I ~iformutie-t~ Number: 30I 638 Owner: MRS GOOCHS NATURAL FOOD MpR 'tce of A®oitcatian; 1 I -SANTA ANA +Vume ~siness As: WHOLE FOODS MARKET INC Afldress t494S HOLT AVE Census Tract: O'75S.OS STiN County: ORANGE Zip Cade: 92~Sn C~ J icensee: MKJ tiOOCHS ItIATURAL FOOD MARKETS INC Cvmpany f~fficer It+formation Officer; BRADLEY, PATRICK EDWARD PRESIDENT Officer: PERCIVAL, ALBERT EDWARD SEC`RET,4RY/ASST SEC Officer: JORDAN, WILLIAM EAII'2L (VICE PRESIDENT} Officer: KFIOURY, GEORGE ISSA (VICE PRESIDENT) .~-~ Oft3cer; LANG, ROBERTA LYNN VICE PRESIDENTfI'REASURI-;R .ecease Tv tes 1 License T : 20.OFF-SALE BEER AND WINE License T Status: SURRENDERED Status Date: 2Q-DEC-2007 Term I2 Month{s) Ori tng al Issue Date• t 9-JUN I93S --~ I?xQ~ration Date: 3 2 -MAY-20 t 2 Master: Y Du iicate: 0 Fee Cade: P40 C'u rreut i)isci iina Action .. No Active Disci Tina Action ound .. Disci Haar Histor .. No Disci tins Histo aund .. . 'ioicl tnforrttation .. No Active Hatds aund .. , s`scraw .. No Escrow found .. . - - -End of Report - - - For a definition of codes, view r our lossa Page t of I c,.~~. ff...._.... _~ - - - , , - - - ~...~:~cvcflia t~,ese.; - LlCense (query System -Data Summary Page 1 cif 2 ."".. California Department of Aaeoholic F~evera~e Control L~ce~ase uer,~ -~yste»t Sumnxary acs o I~l211 ',icense Inforrttation :,icense Number: 407331 '..,Owner: RALPHS GROCERY COMPANY 1BC Office of Application: 11 -SANTA ANA ~UStit@SS Name taini, Business As: RALPHS 18? ~uSiness Aeidress address: I I30 IRVINE BLVD Census Tract: 0?55.pfi 'it : TUSTIN Count :ORANGE fate: CA Zip Code: 9270 icensee Information icensee: RALPHS GROCERY CC}MPANY Officer: DILLON, DAVID B {DIRECTORIGENERAL MANAGER) Officer. SCHLOTMAN, JOHN MICHAEL {DIRECTORIGENERAL ANAGER Officer: Dt3NIVELLY, MICHAEL J {PRESIDENT) Officer. GACIC, BRUCE M SECRETARY/ASST SEC Officer: RQHERTS, DOR(?THy D SECRETARYIASST SEC Officer: SARRA, MARTHA OUTRIGHT SECRETARYfASST SEC Officer: SMITH, THOMAS A TREASC~RER Officer: VANOFLEN, MARY ELIZABETH TREASURER Officer: HODGE, JAMES E VICE PRESIDENT Officer: HELDMAN, PAUL W VICE PRESIDENTJSECRETARY Officer: HUDSON, EDWARD LAURENCE {VICE PRE5IDENTISECRETARY} Officer: PETERS, GREGORY SCOTT VICE PRESIDENTISECRETARY Officer: PROUGH, STEVEN JOHN VICE PRESIDENT/SECRETARY Officer: AALBERG, JAMES C VICE PRESIDEI+ITFI'REASURER Officer: HENDERSON, SCOTT M VICE PRESIDENI'/TREASURER Officer: CANNERY, PAUL DAVID VICE PRESIDENT/TREASURER .icense 'I° es 1) License T e: 2I -OFF-SALE GENERAL License Type Status: ACTIVE ~~ ~~ Caiiforn~a ABC -License tluery System -Data Summary ~ Status Date: 3I-DEC-2003 Term: 12 Mop tlri~inal Issue Date: 31-DEC-2003 'Expir ii~tiaster. Y Du ticate: 0 Fee__ ~ p Cod License Type was Transferred E)n: 31-DEC-2003 'itrrent Uisci~linary :lotion .. IVo Active Disciplinary Action Found .. . I?isciptitzary History .. No Disciplinary History found .. , Hold [nfctrmxtion .. No Active Hodds found .. . ion Date: 30-JUN-2011 F4t} FROMm 21-:~t0i68 Il .. No Escrow found ... i ---End of Report--- For a definition of codes, view our ~lossary. C~ Page 2 of 2 U ~antorn,a ABC License ry ystern _ ~`~~ .~~~.~,,~; ~,, ~ }~- ; Que S Data Summar ~ ~-~~ %. . Y Page 1 of I~ice~tse [nformatitza~ -icense Number: 310933 'ritn Qwner. THRI ~C Office of A FT'Y PAYLESS INC usiness "vane ticatian: 1I -SANTA ANA --.,... nosiness As: RITE A 3usiness address ~ ST(}RE 5754 address: 13 I S I JAMBOREE RD -it : TUSTIN Count :ARAN fate: CA Zi GE icensee [nformati~e: 927$2 icensee: THR~TY PAYLESS INC Co___ ~__~T~flicerlnf~.~,..,.~:.._ Census Tract: 0756.07 - - -•-.....,n QffiCer; $j,AC K, KENNETH C PRESIDENT Officer: SCHROEDER, MATTIJEW Dfftcer: Pt}DGURSKI, MIC TREASURER Ufficer: GELMAN I ~L VICE PRESIDENT Officer. RV4rIN LA~ENCE VICE PRESIDENTfSEC Y4UNT, MICh[AEL C VICE RETARY .icet~se .r es PRESIDENTJSEC I) .License T RETARY : 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 21-MAY-1997 .....____-_Ori oat Issue Date: 28-SEP-1995 Term: 12 Manth s Master: 'Y Du fiesta: 0 Ex iration Date: 30- License T Fee Cade: P40 JUN-2011 ~`urrent Disci lirra~.Was Transferred On: 2g_SERI995 v 1lcricyrt FROM: 2I-~l}709 • • No Aetive L?isei lino Action ound .. . Ml4t'tt?lln:arv u:..~ Ce .Number: 99047239 1 } 5ectian: 2g~g~a 2 Sectian:2424p(a8rb} Pra-ceedin Status: CLQSED Sus nsian Da Decision: PUIC Sus ensign Start DMate~ Sus Da s POI GFine: 3000 -~~ nsian End ,pate: I R Latfrc~rrtia 1'Lt}l,~ ` twtt:GtdJG t,~LtGt~+ J~3tl:ttt ' tl4li3 vuaaasaxxu J ~Italr~ Information . 1Vo Active Holds ound .. . SC r4lY . f'V(? E.SCt'tIW Qurid .. . For a definition of codes, view our t..,lc~~s.u-v. r~ ~~~ •, a- _ -- -__-~~_.__.~er r~c~.x,.,_ ......mre._.ettZO~tn~a ~ItdF°?flt t C:alifc~rnia ABC -License Query System -Data Summary Page 1 of 2 ~ali~ornia Iaep~artment ®f Aicoho~ic ~ev~rage Contrc~I .License ~e~ system ~`unzrnary r~s Q ~.~f21~.~1 .icense fnformatim~ ,icense Number: 4Q7332 'rimary Owner: RALPHS GROCERY COMPANY -BC Office of Application: I I -SANTA ANA business Name coin Business As: RALPHS 139 Business ~-ddress ,ddress: 13321 JAMBOREE RD Census Tract: 0?3E>A~ 'ity: TUSTIN County: ORANGE tats: CA Zip Cade: 92782 icensee lnfarmaticyn -' icensee: RALPHS GROCERY COMPANY C'ampany ©fftcer Infvrnration Officer: DILLON, DAVID B {DIRECTOR/GENERAL MANAGER} Olaficer: SCHLOTMAN, JOHN MICHAEL {DIRECTOR/GENERAL A Ai A !"`_CD t Officer: DONNELLY, MICHAEL J (PRESIDENT} Officer: LACK, BRUCE M SECRETARYfASST SECT Officer: ROBERTS, DOROTHY D {SECRETARY/ASST SEC} C}fficer: SARRA, MARTHA CtJTRIGHT {SECRETATtYtASST viricer: ~Mt t H, f~Ht}MAS A TREASURER Officer: VANOFLEN, MARY ELIZABETH TREASURER Officer: HODGE, JAMES E {VICE PRESIDENT} Officer: HELDMAN, PAUL W VICE PRESIDENTtSECRETARY Officer: HUDSON, EDWARD LAURENCE {VICE 'RES IDENTfSECRETARY} Officer: PETERS, GREGORY SCOTT VICE PRESIDENT/SECRETAR Officer: PROUGH, STEVEN JOHN VICE PRESIDENT/SECRETARY Of'f`icer: AALBERG, JAMES C VICE PRESIDENTITREASURER Officer: HENDERSON, SCOTT M VICE PRESIDENTITREASURER Officer. LAMMERT, PAUL DAVID VICE PRESIDENTfTREASURER .icense Types _1) License Type: 21 -OFF-SALE GENERAL License Type Status: ACTIVE ~~ L~atgtomra Al3C; - Licersse Query System -Data Summary Status Date: 31-DEC-2003 Term: 12 Month s Uri final Issue Date: 31-DEC-2003 Ex iratifln Date: 30-JUN-2012 Meister: Y Du licate: 0 Fee Cade: P40 Condition: QPERATING RESTRICTIC}NS License T e was Transferred Un. 31 DEC 2003 FRUM. 21-3 f p 'urrent Disoi ~iinarv :lotion .. 1Va Active t7iSC1 Tina Artr'on aund .. . 1?isci liiti~try History Re .Number: 06002285 •-----• 1 Section:2S658a 2} Section: 2420t){a&b) Proceedin~t Status' CLOSED Decision. ALL STAYED Suspension Days: 10 Stayed Days 10 PUIC/Fine: Suspension Start Date• Suspension End Date .. Na Artive ffaldr found ;scrow .. Na Esrraw found .. . u ---EndafRepart--- For a definition of codes, view our ~1~ Page 2 of 2 ~.~{~~ux,~t« hr,`., - ~.tcense c,~uery System -Data Summary Fage I of 3 ., Cal~farnia Department of Aica~a~ic _ Beverage ~ontra~ Lieertse query S,~stetn Summrxry as of Il X121 .icense Infarmation ,icense Number: 427304 'ri ary Owner: 7 ELEVEN INC -BC Office of Appticatian: I I -SANTA ANA Business game usiness Address ddress: l579I MCFADDEN AVE ity: TUSTIN Cauntw ORANGE ate: CA Zip Cade• 9'780 censee Infarmatian censee: 7 ELEVEN INC Census Tract: 0744.08 ut~icer: 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 (SECRETARYfASST SEC} Officer: AUSTIN, MICHAEL DON {SECRETARYfASST SEC} Officer: BONNVILLE, STEVEN R SECRETARYIASST SEC Officer: GRIFFITH, GARY SECRETARY/ASST SEC Officer: PICHININO, CRAIG SECRETARY/ASST SEC ONicer: VARELA, ANTONIO ENRI UE SECRETARYfASST SEC (?Nicer: ABE, SHINJI VICE PRESIDENT Officer: ABE, SHINJI VICE PRESIDENT Officer: C©ZENS, ROBERT J VICE PRESIDENT Of'ftcer: DAVIDSON, CAROLS 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 Off#cer•. 3ENKINS, C BRAD {VICE PRESmRw~r1 As: ?ELEVEN STORE 2172 I3?99B c~.+.... ~r._.__.__. . . ~.a~7zornga AFL - License Query System -Bata Summary ~_ Geer: KAPt?OR, RAJNEESH (VICE PRESIDENT} Officer: MITCHELL, KRYSTIN E (VICE PRESIDENT} O~'icer. QZEKI, SHIRO (VICE PRESIDENT) Officer: PACK, ALLEN P {VICE PRESIDENT) Officer: R.EBELEZ, 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: STRC)NG, JOSEPH M (VICE PRESIDENT) Officer; TIiOMAS, DONALD E VICE PRESIDENT Officer; FENTON, DAVID NICE PRESIDENTISECFtETARY) _ C?i'ficer: REYNOLDS, STANLEY W {VICE PRESIDEN'I'/TREASURER} ecensee: SAP ENTERPRISES INC eam an O rer Infar»~eiatian Officer: PATTAPHONGSE, ANNA (PRESIDENT} Officer: PATTAPHONGSE, SOMSAK SECRETARY/ASST SEC) L~~.ense 1 ypes 1) License Type; 20 -OFF-SALE BEER AND WINE License Type Status• ACTIVE Status Date. 20-JUL-2005 Term: t2 Month s Ori 'nai Issue Date: 20-JUL-2{}05 Ex iration Date; 30-JUN-20I 1 Master Y Duplicate• 0 Fee Code P40 License Type was Transferred On° 20 JtTL, 2005 FROM 'f) ~7f~~i61'~ 2) License Type: 30 - TEIvIPORARY PERMIT License Type Status EXPIRED - Status Date: t 3-JUN-2005 Term 4 Months} ~~' 4n tta[ Issue Date: I3-JUN-2405 Ex iratifln Date: i0-0CT-2005 Master: Dupiicate• Fee Code License Type was Transferred On• 20 JUL 2005 FROM. ?0 276~6l~ 'urrent !}isciplinary .letion _~'~a Active Disciplinary Action found .. . .. No Disciplinary History found _ ~«id Inft~rmhti~~n .. No Active Holds found SCC~w .. No Escrow found .. . ---End of Report--- Page 2 of 3 ~_.._. „ ti..ac~~vcc,ta n®L, ' ~.iCense t~Uery JySteTTI - llata aummary Pa e 3 $ of 3 Far a definition of codes, view our ~ti~o~SS2lry. r~ r~ ~.~slr~uiu~a rtnt, -License query ~ystern - Uata summary • U r~ u ~icense infc~rmatiua icense Number: 284?30 rimer Owner: CIRCLE K STORES INC C Office of A lieation: 11 -SANTA ANA usiness Name oia Business As: CIRCLE K STORE 3046 llSlneSS ~ddr~SS ddress: 12892 NEWPORT AVE Census Tract: 0?55.04 it : TUSTIN Count ;ORANGE tats: CA Zi Code: 92?80 icensee information ieensee: CIRCLE K STORES INC Co an Q cer In ormation Officer: HANNASCH, BRIAN P PRESIDENT/SECRETARY Officer: MURPHY, PAUL F (SECRETARY TREASURER Officer: FLANARY, MARC LEE SECRETARYfASST SEC Officer: ICWIATKOWSKI, 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 iC~nSe T 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 iratian Date: 30-JUN-2011 Master: Y Du iicate; 0 Fee Cade: P40 "urrent Disci liner Action . , No Active Disci lino Action ound .. . isci liner Histor .. No Disci line Hista ound .. . ~,ld Information .. <Vo Active Holds ound .. . Page 1 of 2 L,,,Qtti Vttttat t au a. ua..vrr.,.. .,,~.,.....J ... ~.-.-_.._ _. -_._ _ ._ _ ,S4'!'t)W f~ . No EserQw f®und . ---EndvfRepart-__ Far a de~t~itian of cedes, view a~zr ~1c~4~a~~ . ... _~_ __ _.._.~a,....~.«r~ nc,~.~rn z~..`~[F1-t4°31C1Rd'~ E-/l~f~l~i 1 California ABC -License Query System -Data Summary • - C7 ,icense [nformation ,icense Number: 440894 'rimary Owner: NEW ALBERTSUNS INC -PlC Ot'fice of Application: I I -SANTA ANA rosiness Name wing Business As: ALBERTSONS 6574 rosiness Address -ddress: 13274 NEWPORT AVE Census Tract• 0755.06 .'it : TUSTIN County: QRANGE fate: GA Zip Code: 92780 icensee Information icensee: NEW ALBERTSONS INC COIIl11QJtY OffzCer )nfnrmnt;n.. --- - Expiration Date 30 JUN 201 I Master. Y Du 1'cate• 0 Fee Code: P40 License T was Transferred On: 23-AUG-2006 FRDM: ? 1-3~(}316 _ 2) License Type: 30 -TEMPORARY PERMIT License T Status: EXPIRED Status Date: 02-JUN-2006 Term: 4 Month s Original Issue Dater 02-JUN-2006 Expiration Date 29 SEP 2006 Master: Duplicate: Fee Cod Officer: BOEI~[NEN, DAVID LEO PRESIDENT Officer: KNOUS, PAMELA K (VICE PRESIDENT) Officer. MENDES, RONALD TERRY VICE PRESIDENT Officer: BREEDLOVE, JOHN F VICE PRESIDENTfSECRETAR C~flf 33cer: BUYD, JOI-IN FRANCIS yICE pRESIDENTtTREASUR. icense 'I'ypes 1 License T : 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 23-AUG-2046 Term: 12 Month s Original Issue Date• 23-AUG 2{X}6 License TYn `urrent Disciplin; .. Na Active L}isc~ isciplinary Histo _ e. was Transferred On: 23-AUG-2006 FROM: 21-33(13 i Action inary Act~an ~t~und .. . Page 1 of 2 ~..dzzrcrrnia arc.: -License Query System -Data Summary ~. Number: 480679E>8 1}Section: 25658 (a) Section: 24200 (a&! reviceemn status: CLQSED Decision: POIC Sus nsion Da s: i 5 Sta ed Da s F(~IC/Fine: 3 Suspension Start Date• Suspension End Date iuid Information .. Na Actiue Holds,faund .. . . Na Escraw. faund . - - -End of Report - - - For a definition of codes, view our ~Ici4sary. Page 2 of Z r~ ~~ ~~ C'atifornia ABC -License Query System -Data Summary Page I of 2 • ~~ tyR TUSTIN County fJR~,NGE ate: CA Zip Code: 92782 :ensee Information "~"-' :ensee: MRS GOOCHS NATURAL FOOD MARKETS INC C4l'ttnnttty (ff#~lrnr Tn/izrrs...i;r.... .icense infurmaticiu .icense Number: 430599 'rimary Owner: MRS GOOCHS NATURAL FOOD MARKETS INC -BC Office of A tication: I 1 -SANTA ANA Business Name -oing Business As; WHOLE FC?ODS MARKET ~usiness Address ,ddress: 2847 PARK AVE Census Tract: 0755.15 Officer: BRADLEY, PATRICK EDWARD PRESIDENT Officer: PERCIVAL, ALBERT EDWARD SECRETARY/ASST SEC Officer: JOR.DAN~ WILLIAM EARL VICE PRESIDENT Officer: KHOURY, GEORGE ISSA VICE PRESIDENT Officer: LANG, ROBERTA LYNN VICE PRESIDENTITREASURER icense Tv s I) License T e: 41 - ON-SALE BEER AND WINE -EATING PLACE License T Status: ACTIVE Status Date: 09-AUG-2007 Term: 12 Month{s) Uri 'nal Issue Date: 09-AUG-2007 Ex iration Date: 31-JUL-201 I Master: Y Du licate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS t} License T e: 42 - ON-SALE BEER AND WINE -PUBLIC PREMISES License T Status: ACTIVE Status Date: 09-AUG-2007 Term: I2 Month s Ori `nai Issue Date: 09-AUG•2007 Ex iration Date: 3 I -JUL-2011 Llaster: Y Du licate: 0 Fee Code: P40 Condition: (?PERATING RESTRICTIONS License fi e: 21 -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 09-AUG-2007 Term: 12 Month(s) Er 4ltttlXtltttt (YY\., trl~. n+ai.iv afu aJ vJ.swvaa• v.>..-... ......,,.. --- 1 ~ 4ritinal Issue Date: 09-AUG-2007 Expiration Date: 31-JUL-2011 Master: Y Du licate: 0 Fee Code: P4(? Condition: OPERATING RESTRICTIONS urrent visri liner .lotion .. No Active Disci Iina Action ound .. . }isriulinarv History .. No Disciplinary History}'ound .. . Ht>ld Information .. No Active Holds ound .. . ,serotiv .. Nn Escrow found .. . - - -End of Report - - - For a definition of cedes, view our ~lassary. ~ _ U C u .. (: .rr r~ns_._ ___(t~t-c__tn.l,t,tt'71 ttfst!'?f~f t California ABC -License Query System -Data Summary • .icense Information .icense Number: 112$44 'rimary Owner; STATER BROS MARKETS -BC C?ffice of Application: 11 -SANTA ANA Gu4iness fame iuoin~ Business As; STATER BROS i4fARK_ ETS 37 vsiness Address ddress; 14171 RED HILL AVE Census Tract: 0755.12 it : TUSTIN County: ORANGE tate: CA Zip Code: 927$0 icensee information icensee: STATER BROS MARKETS Co an 4 car In ormation ...._~ Officer: BROWN, JACK H {CHAIRMAN} Officer: HELD, THOMAS W JR jDIRECTOR/GENERAL MANAGERS Officer; SKIPPER, RONALD GORDON {DIRECTfJR1GENERAL MANAG Officer: LEE, JIM PRESIDENT -' Officer: VARNER, BRUCE D SECRETARYlASST SEC Officer: FRAHM, GEORGE ALFRED {VICE PRESIDENT) Officer: MCINTYRE, DENNIS LAWRENCE VICE PRESIDENT - Ufficer; SMITH, PHILLIF J VICE PRESIDENTf'CREASURER} __ Y) f-i~nse Type: 21 - C3FF-SALE GENERAL License T Status: ACTIVE Status Date: 2$-APR-19$3 Term: 12 Month s Original Issue Date• 2$-AFR-1983 Expiration Date 30 APR 2012 Master: Y Du lieate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS "arrant Disci iinar Action .. No Active Disciplinary Action found .. . ~ .. tVo Disciplinary History found c)Id Information __~ .. No Active Holds. found .. . Page 1 of 2 c.. ~~~~~orn~a At~L -License Query System -Data Summary Page 2 of 2 .. No Escrow ound .. . s _ _ -End of Report - - For a definition of codes, view our ~lv~~~ ~... azzrornza Htsc.. - L.zcense t,~uery system - data ,summary • .irense Inforrnutiou icense Number: 449Q98 ima Owner: STAR FOOD INTERNATIONAL INC C Office of A licatian: 11 -SANTA ANA EI4iriPC4 ~arrtia ---End of Report--- For a definition of codes, view our T~v~ ~Sal.~ Page I of I ~_._~ . ,~-- ---- -t- - , ~ . . n ,~,. , ...~ . r~~~~~~~~~~~ ~~~ ~~E~r~~ ~i •~usEad=P--=~"i; ~~EasE ~-c~ r RJM~1T NpEltgtE PENed~. BAl N SHAC}~REA pNEy FRASA8IE SUBStANCE L PddNT PEN OR QtNfR -v4ty• ~~'~OC~4tVT F1E.L tN THtSS C?ItilGY -- Fft.~, itt~ CUMP AC}E(} q~EA EeEfvEaBv eut ~offvc l.ETE LY °'~PE RKEfuEa A o a t3 ~sPr ~ ~..r- -~-~ ~ - 7P` Q W N E: N.F. -•~} ~Bt 1 I\ . s 1 '7"~ ADOAESS ..V r AODRf~ CITY ~ .. PRACT 4f4CFiiTEC WOL. e~1GtPVE~ NEW tC3NE I exrSTttVa SLOB. - - ...~ WQ R PC TQ 6 APPRpyED PERFtYRMEb C ~' "' G -~ { c3 ?- M 3 _.. .• 8£t. ~T. Np• OF .. sTaffifES ~ ~t°r~~s NE:w ,aoo aiT~R REPAIR ~DEMpI.ISH ~} P f~arafYy acknOyytad ti~~ ~ ^`3 tnr abova Inform ~ that f nave nrRtl thle a Pews r etlon fs correct antl Qf~tfeattan and •ts?te that dl[: (` egutatfn agree to ~ `'~ g f3ufPdfns canstrucil0n campfY with aft "° ptrsory fn ,vtot•tton of endtl shalt nbt e ~ /4PPRQUA~ State of Catffprnfa. d1O workman'x campspWtfrsrr t ~-Ofoy any av~ 4f th` FOt1N0AT1f~ ANa f herehy carttf fOCnAtSnf tha Sta V that i am ptttpertY`tlaenaed ~ . t+s of Caiifarnfa .Bustn • ~ REtf~fpR~l~ Chapter eas and Prof a contractor untlar ~. antl that suet ticM~ are 1n~'~r Code, Clfvisfon 3. L1AfDfRRlNNiNG ar f am •xampt from the tuff Parse and aft Etusfnass antl prafaufana provfsfons Of ct:a gtefe of eCt. aRtff~tdfRSUtg Code, afvftlan ~, c Californte . ' apter 9, ' Rt~F 5-ifEttN{, i1CifYATiJR$ ~ ; }Y pERMPTTE~ X ~~ _ ~ ~ d ROUGHFRAMiNG nf+f~ftp or 'wAu - ' ' ~- ' ~ ' ~ ' rG''c .. ~ . . Platy CH CK R ~" ~f N V~lt1 ~`~-^r{ IAiH .2.ld.3,~ 1 ' • '~ .- !Ld ~ PfR R { a ``s --,•,~-,,:, S .PfASPER BROWN CT. `EE : y .2 Sam ; "_.,._---- .~ d ,,,,,., itNAE snN U 116 37 ~`~` ---.-.._ / o '~ n ~J ~ 2 ~ ~ - E3 f~ fr2 ~ `~41 •DATEn . rtN ~•. a~ ~ ' ~ t?' ~..~' - J~ `fc!-~~ r~ ~,.~a„ivrnia t~tsc.: -License Query System -Data Summary Page 1 of 3 """ ~al~fornia Depar~n~ent of A~ca~oiic Beverage Contral ~ieense fu,ery System Summary as ref f131~1 ,icei~se Informati<nt .icense Number: 385245 'rimary Owner: ?ELEVEN INC ..BC Office of A iication: I I -SANTA ANA usiness Name toing Business As: 7 ELEVEN STORE 2I?2 1783 U.r+lTlf S5 ~-ddresS ddress: 6I0 W IST ST Census Tract: 0?55.05 ity: TUSTIN County: ORANGE ate: CA Zi Code: 92780 ccrtsee [nformation censee: 7 ELEVEN INC Cvmnanv nffi'.•a~ ~..c _.Y_~__ Officer: DEPINTO, JOSEPH CHIEF EXECUTIVE OFFICER Officer: ASAKURA, MASAAKI CHIEF OPERATING OFFICE; Officer: DEPIIVTO, JOSEPH CHIEF OPERATING OFFICER Ot~'icer: DEPINTO, JOSEPH CHIEF EXECUTIVE OFFICER Officer: AON, RENEE MARIE SECRETARYIASST SEC EJ-fficer: A[JSTIN, MICHAEL DON SECRETARYIASST SEC} Officer: BONNVILLE, STEVEN R SECRETARYfASST SEC Officer: GRIFFITH, GARY SECRETARY/ASST SEC Officer: PICHININO, CRAIG SECRETARYfASST SEC} Officer: VARELA, ANTONIO ENRI UE SECRETARYlASST S 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 TiMQTHy VICE PRESIDENT Officer: ELLIOTT, KEVIN E VICE PRESIDENT Officer: GAMBINA, FRANKS VICE PRESIDENT Officer: H[AFtGROVE, WESLEY M (VICE PRESIDENT} Officer: HEDRICK, JOHN VICE PRESIDENT Officer: HUGHES, LAWRENCE G VICE PRESIDENT Officer: JENKINS, C BRAD VICE PRESIDENT ,.. ~.uaaavaaaact ttic~E., - LIl;CI1SC t,7U~I`~ J~Stf'.fTl - Data ~t~nl[7tary 1 Officer: KAPOOR, RA3NEESH {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} Ufflcer: SAKAI, RYOJI VICE PRESIDENT - Officer: SCHENCK, JEFF (VICE PRESIDENT} Officer: SELTZER, DAVIT} (VICE PRESIDENT} Officer: SMITH, NANCY A (VICE PRESIDENT} _ Officer. SMITHA, ENA WILLIAMS {VICE PRESIDENT} Officer: STRONG, JOSEPH M {VICE PRESIDENT} Officer: THOMAS, DONALD E {VICE PRESIDENT} Officer: FENTON, DAVID (VICE PRESIDENT/SECRETAR Officer: REYNOLDS, STANLEY W {VICE PRESIDENTlTR ecensee~DHAMI & DHAMI CORPORATION ~~' (---Officer: DHAMI, RANDEEP SINGH (CHIEF FINANCIAL OFFICER} Officer. DHAMI, RANDEEP SINGH PRESIDENT Officer: DHAMI, R.ANDEEP SINGH (SECRETARYlASSTSFC} Officer. DHAMI, NAVJOT KAL'R (VICE PRESIDENTZ ,~cense 1 ypes 2} License T e: 20 -OFF-SALE BEER AND WINE License T Status: ACTIVE Status Date: 09-APR-2002 Term• 12 Manth(s} Original Issue Date• 09-APR-2002 Expiration Date 30 JUN 201 I a'1~Iaster: Y Duplicate• 0 Fee Code P40 License Type was Transferred Om 09 APR 2002 FROM '0 3~2322~ 2} License Type: 30 -TEMPORARY PERMIT License T e Status• EXPIRED ~`° Status Date:11-FEB-2002 Term: 4 Month s -.Original Issue Date• 11-FEB-2002 Expiration Date 10 JUN_2002 Ytaster: Duplicate: Fee Code: License Type was Transferred On• 09 APR 2002 FROM 20 ~SS~22 urrent 1)wsc+plrt~ary .irtton .. No Active Disci lino Astion ound __ p~iseiplirlary Hist~rv . No Diseiplinarv History Found Iftlcl I«Fctrmalion .. No Active Holds found .. . .r~s'c'r~-w ~No Escrow found . Page 2 cif 3 ...........,.:... i ~u~. - i..tti..c,uac uucty J~JCGddd - LJBLa JU€i1t113Ty Page 3 of 3 - - -End of Report - - - F'or a definition of codes, view our lossat°~ Ls tt...If......... ,. t.... .,... .,...e _. t.t-`__-.e.en r's. ee s .s .... ... ,. s..._" c...airiurt~ia ncsc.,,. - ~.~cense eluery ~ystetn - t,rata ~ummaty • U U .ice~yse Informatiar~ icense Number: 388575 rime Owner: HAFSA CORPORATION C Office of A licatian: 11 -SANTA ANA uviness Name oin Business As: R RANCH MARKET Usiness Address ddress: 11 I2 WALNUT AVE Census Tract; 0755.15 it : TUSTIN Caunt :ORANGE fate: CA Zi Cade: 92780 Licensee Informatian icensee; HAFSA CORPORATION Com an Q cer In ormutivn Officer: SHALABI, JOSE OTHMAN CHIEF FINANCIAL OFFICER Officer; SHALABI, KAIED ALBERTO OTHMAN (DIRECTORIGENERAL ANAGER Offfcer: SHALABI, FARID OTHMAN PRESIDENT} Officer: CHO, MICHAEL CHUNGNAM VICE PRESIDENT/SECRETARY .iCCnSe ~I'Y s 1} License T e: 20 -OFF-SALE BEER AND WINE License T Status: CANCELED Status Date: 21-AFR-20(}3 Tenn; 12 Month s Ori final Issue Date; 21-OCT-2002 Ex iratian Date: 30-SEP-2003 Master; Y Du iieate: 0 Fee Cade: P40 Condition; OPERATING RESTRICTIONS License T was Transferred On: 21-OCT-2002 FROM: ?t}-2~~~25 2} License T e: 2I -OFF-SALE GENERAL License T Status: ACTIVE Status Date: 2 I -APR-2003 Term: 12 Month s Ori °naI Issue Date: 21-APR-2003 Ex iratian Date: 31-MAR-2012 :Vlaster•. Y Du licate: 0 Fee Cade: P40 Canditian: OPERATING RESTRICTIONS License T was Transferred On: 21-APR-2003 FROM: 21-32~96~ 3) License T e: 30 - TEMI~ORARY PERMIT Page 1 of 3 S_a.a._. tt__.__.__. [_ t f ee .-. e. a ...-a .. ... t.aiirorn~a At3C: -License Query System -Data Summary I License Type Status: EXPIRED __ Status Date: 20-MAY-2042 Term: M Uri 'na! Issue Date: 24-MAY-2002 Ex :Master` Du licate: Fee Code: Condition: OPERATING RESTRICTIONS License T was Transferred Un: 21-APR-200 4} License T e: 30 -TEMPORARY PERMIT License T Status: EXPIRED Status Date: 24-MAY-2002 Term: 41Mo Uri ina! Issue Date: 20-MAY-2002 Ex i Master: Du licate• Fee Code• Condition: OPERATING RESTRICTIONS • License T e was Transferred On: 21-OCT-2002 5) License T e: 30 -TEMPORARY PERMIT License T Status: EXPIRED Status Date: 20-MAY-2042 Terrn: 4 Mon Uri °na! Issue Date: 20-MAY-2002 Ex i Master: Du licate: Fee Code: Condition: OPERATING RESTRICTIONS License T e was Transferred On: 21-APR-2003 6) License T e: 34 -TEMPORARY PERMIT License T e Status: EXPIRED Status Date: 24-MAY-2442 Term: 4 Mon flrf ins! Issue Date: 24-MAY-2002 Ex it Master Du licate: Fee Code: Condition: OPERATING RESTRICTIONS _ License T was Transferred On: 21-OCT-2002 ~) License T . 34 -TEMPORARY PERMIT License Type Status• EXPIRED Status Date: 24-MAY-2042 Term: 4 Month flri ina! Issue Date: 24-MAY-2042 Ex ira :Master: Du licate: Fee Code: Condition: OPERATING RESTRICTIONS License T was Transferred On: 21-APR-2043 ) License T e: 34 -TEMPORARY PERMIT License T e Status: EXPIRED Status Date: 20-MAY-2042 Term: 4 Month - Ori~ina! Issue Date: 20-MAY-2402 Ex irat Master: Du licate: Fee Code: Condition: OPERATING RESTRICTIONS License Type was Transferred Un: 21-OCT-2442 ontn s iration Date: 16-SEP-2042 3 FROM: 21-3259(, nth s ration Date: 16-SEP-2002 FROM: ~()-`?8~3~125 th s ration Date: 16-SEP-2042 FROM: ? E-3?5~64 th s anon Date: I6-SEP-2002 FROM: 2t)-2 ~f.1~25 s tlon Date: 16-SEP-2042 FRUM: 2I -325~)b~t s ian Date 16 SEP 2442 FROM: ?4-289A?5 Page 2 of 3 C r, .~ T'+~ 1 T°T-1'1 t dT~'e ~,-ua,c via«u < aa..+t.. - trtt.~..ttJ~. ~{utit~ .3 ~'3t~IIt Ili3ti# JUlIIIIlii1-~ ,'7 License T e Status: EXPIRED Status Date: 19-OCT-20(}2 Term: 4 Month s Ori 'nal Issue Date: I9-OCT-2002 Ex iratian Date: IS-FEB-2003 :trlaster: Du licate: Fee Code: Condition: OPERATING RESTRICTIONS License T was Transferred On: 2l-APR-2003 FROM: ' i-32596-~ IQ) License T : 30 -TEMPORARY PERMIT License T Status: EXPIRED Status Date: 19-OCT-2002 Term: 4 Month s Ori final Issue Date: I9-OGT-2{.X}2 Ex iratian Date: i 5-FEB-2003 Master: Du iicate: Fee Code: Condition: OPERATING RESTRICTIONS License T was Transferred On: 24-OCT-2002 FROM: 20-289925 `ijrrent Disci Einar Action .. No Active Disci tiny Action vuncf .. . i isci iinar History .. No Disci ling Histo ound .. . old Information .. No Active Holds ound .. . ~l;serow . Na Escrow found . ---EndQfReport--- C For a efefinition of codes, view our ~(vs5~lrv. t'~gC ~ of ~ ,. ~'t~QYt•~~W WItF `,i~l"" f".i dtt~ct ~f~4#rinCf~ /-1 ~: .-1n~.. .....-~iT rntinot si "._---- c--'J '-'I.,"..,.. - iu~u.,tuttltllitl~' PagC ~ (3~ ~ California Department of Alcoholic beverage Control ~ieense Query System Su»tmary as o,~` ~Il.~f~4.~1 .icense Informatit~~~ .icense Number: 2la 'rimary Owner: 7 E I EN INC {ABC Office of Application: I 1 -SANTA ANA usiness Name oin Business As: 7 ELEVEN 2172 20705 usiness Address ddress: I5202 WILLIAMS ST Census Tract: 0?44.08 it : TUSTIN Count :ORANGE tate: CA Z€ Code: 92780 icensee Information icensee: 7 ELEVEN INC Officer: DEPINTO, JOSEPH {CHIEF EXECUTIVE OFFICER} Officer: ASAKURA, MASAAKI {CHIEF OPERATING QFFICER} Officer: DEPINTO, JOSEPH CHIEF OPERATING QFFICER Officer: DEPINTO, JOSEPH {CHIEF EXECUTIVE OFFICER Officer: AON, RENEE MARIE (SECRETARYIASST SEC} Officer: AUSTIN, MICHAEL DON (SECRETARY/ASST SEC} Officer: BONNVILLE, STEVEN R (SECRETARYIASST SEC} Officer: GRIFFITH, GARY SECRETARYIASST 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 NICE PRESIDENT} Officer: HUGHES, LAWRENCE G {VICE PRESIDENT - - Offi~cer: JENKINS, C BRAD (VICE PRESIDENTi httn~flc~rw.~ksr..ca.vnvf~ar~,r~t-r~T t^tc.~.~r~ ..n„~~n_~~,~,~.~,~,~ ,.-max.=~,.aL.~ ~,~,ti., - ~„t~~,~~~ ~uccy syace~ - Baca summary n 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/TREASURER icensee; PATEL, ANILKUMAR icensee; PATEL, NIRUBEN iCenSC TY es 1 License T e: 2Q -OFF-SALE BEER AND WINE License T Status: ACTIVE Status Date: O1-JUL-1988 Term: 12 Month s Ori `nai Issue Date: O1-JUL-1988 Ex iration Date: 30-JUN-2Q 1 ! Master: Y Du licate: 0 Fee Code: P40 `urrent Disci linarY Action .. Na Active Disci Tina Action sand .. . iSCi !i`nar HIStOC Re .Number: 050624b9 t Section: 25658{a} 2}Section: 2420t}{a&b 3 Section: 2.5663 b) Proceedin Status: CLOSED Decision: DISMISS Sus ension Da s: Sts ed Da s POIC/Fine: Sus ension Start Date: Sus nsion End Date: Hold l~iforcnation .. Na Active Halds sand .. . .4CC01Y .. Na Escraw ound .. . ---EndafRepart--- For a definition of codes, view our~sary_. Page 2 of 2 ~'tttn•/dtutucu akr• re nns,t,-lnr..>..sPi t^tc4.i~._ ___nrr+ ,n.,.~..a..,.~ ~ ~i ° Q ~ G i¢ O r~ ~' ~ O ~ p L^ fdd AI > try W <'~' ~ uGj. o o ~ ~ ~ o GQ Fy `~ ~, W vt W tr} ~ r~ U 8.r ~ E" ~ +~ H .~~ ~ ~ VY GI u°a w u~i ~ ~ ~ ~ ~ ~ ~ ~ H tY, .-f ~ Ck ~ .i O e-a ~ `~ LG ri C ~.d Y} O ry u'ti ""' e-,a .~~ '~' \ \ '~ N ~ ~ rn O ass O r-i Cl tV M ~\ \ Y^i "J «r ~ ~ ry ~ O •W Q ry ~ ~ rV N .-~ .-+ V ar :Q i.. H a+ Tr E N ~ ~ =~ :,S .ri C+ ~ J7 xy O: fV f-. 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NEW Aaa AttEo OEr+A€R AACHETEGT Oq Gt.~r~~~.y~ N0. 32[jlj hst3v,NG ENGttYEEq TEL. ~~'`"Tt ~fM--~, rntur~~neCT,.,n--_- ~' t ~~li~4i rJ ~ ~~ l~ j~ O NER r OREgg 1 - z ,. v~tUf c.EC. tvd. ~..~ sTATi? <°~e'' ,t,0 f ~''~?• _ . E.IC. -VO. StREEt tMPRpvFMEtutS DESCR PTlpN OF 4VC)RK ~~ • USE OF EXIST{M1trs BLDG. ,tVarflVEa .,, WOA K Tt7 8E: 1i G€tf}UF irpE CO!v5T PERFOiaEvtED jw~ /~jr,.,_,~, r'QEZONE tNsPECTtoN REC©Rp • ! t~ S4, FT. ~~ V© STpRE£3 N{3. t}F r i f t EW ~AL1D At,TER ~RBPAtFi~ - •..i ~ U ~ , { hsrsby acknowEadprt test t hazes rsaG this atsatOCaUOr, and hats !hat '~` a r ~, ~.,, t Zr the above lnfarmst,on is correct and •grss Let ctsmpEy wtth stt ~'. taws rsputatlns buEtdtnp Conitruct[Ort, •ntE E shalt n . , , `• ., ., . psrsgrn fn vlot•ttan of the of srrtpttty any '~PPRdti/A~ ' -r `~AjE .~` ^ -• L tZ - ; State, of Ga{tftsrnia. workman's comosnuttton {sws ®{ the K3ttNaAt€QtV ANa y 7 ~ ,3 tN~p ~TdR {OCA?IQf4 t.1 l t 4) t .' 1 ) E haratiy Catttfy that i am DrOparly lt6snt,sd at, f COhtractor under RElt~c • - t ~ •r~ r t th* Ststa at Calttornia Qutilnsss and oro/swEans G OtKtNG , t ~ ,, . Chapter 9, anet that such ticsr,sss are in futt 1Q~a~ Otvtstan 3, UNafR atNNt G ~ t I ~ ~ ! ~ .'~ ~ cr i a^r •xKt+tst from th• • d stfstt, OR UNRE ~' ` ~~ Etuslnsta and Protsutona C ~avtaECn! of the sti of Qtviwton ~ .r Gsitfesrnta ,,,, . , CA pt r •i. Kit SMfftrtvC j .y` 1 StOWATURB ~t ROUGM iRa[,y{trV F F ft N! i t f r~ ------._.... AN C"ECKE gr • a of pRv WA{~ . rEt s D{A$tEs 8tP{}wN ctE._f ~h/li ~ /~/f itM,tt ~ ~ _ n o ~~ o 0 a~ ~ ~y ~ W v. ~ °4 w, F ~S ~ ~ ~ U ~~ v ..~ O G p ~ N rJ l~ Ja u~ .-+ N a ~. o ~ U o .--, ti.a C .C ~ ~l ~ C t.. ~ ~~ "~ •~., {.) +.~. 7C ~.. .~ '~ .~ tO V R "t7 b x w c .~ a m E~ W cz a cz a ~. x w :J c~ f- O Q ! 4y ~ O G °~ ~ + h~ 4 ~ N 4' .~{ ~ QJ ~~, ~ ~ a Q ~+ +~ ~+ cUn ~., :r, ~ ~ ~•~~ g ~ ~ ~ N .-i ~ ~ 4' U 2 H u, N G) ~. «r ~' C: O C k. f' O z °D sn j ~ . ,~ `~' a ~, a c:ra~ N . ~. v; •7 ~ ~~~1 W ~: c F.. V,. 0 0 ca ~~ m ,_, b ,y O ~ N tv ~. ~. N ... 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BACt PQItVT PEN QR QTHER fti1L ~,~ERASA$lE St~BSiarvr€ r~ u C +•+ L-~tIESB ~~ .. _ r u~rc~~ ----.-.__ . i~t ~;, ~~t ~ _ ct C ~ ~ - •!• , .4 ,- ~~+. ..• .r r ~ ~r'y ~ , t , ~ ~ T _ _ ~ Q /j ~ ~} ~ Fir. '/.~• auo. air Na. aF .s.. &TORIf:$ • ' 1i( -. _ _... , F~A+ttliE& ~~ ~-Ew Aar ~a~rEa RlrPAtR ~OENi OttSt i B hsrsby +cknowtadpa that ! hsvt rsad thds ~s'' sbovs information i• sPp-icattan snd `t+ts that correct i sws rNi~iattn snd tprss to compdY with sti 0 Cputtdtn~ constretction, and t sltsdt not s 63ortotl ih vtotatitln of t /~~~~~p1~ mp py sny tits wrorkrnart's comp•na,tton laws of tha Stab of Cstffotnis. KkINDATK)N Aft (} t hsrspy esritfy ttt t tOGEtON s t am Rropsriy iicsnssd as a contractor undsr the Stato of Caltfornt ' s i RFtNf{)RQNC Chsptar 9. and that rafssstons Cods. d?ivktan 3, u.+ch itean=y F or F sm art in fWt f tttvl3fR PiNlYINC •xsmpt from thi orts and aftact, E3ustngs acrd Profasstonr p vtNons of the Btata Of Glif i CRUNt?ERS,t„4d orn a vieto 3, Chapter 8. KCJC7F SHEftdNG 51tifVATt3R OFF ~ X RC)tKN FRAhl1tNG tAlV r: I f8 ®~ r~ Pis yE .--' . ~C.,-'~ DoY wAtt 1lN CME RK NO VAttlATiCN lA1H V.C. FEE S ~ ~ t~ 0 o R DLAStER BROWN GT ~ . ` FEF 3 ~ ~~ FrdvAt ri. a L ` aunr,~c~MCxrcacvr- rxc Anwar Markoa rp~~ttaPre txaa~t~~nnt.o.,~so~ reltatet€x~t.t,t stnhwn. cry ~eeo ~~ trt«eut~aei t 6~ t ~ ~' . t. , , .i ~•' '~ 858'3 F 16 €19`" S F ~.~.. t ~ 1~ • f ~ ~ c 1160 S ~ ~'` r='~ ..__ '~J ~..1 '` ~1 ••t .17 S F (~~ ~ ' '' . :~.. is 1.'74' a ~ ~,~ ~~~~ ±~~;fY:~{~ t755~9 F ~~ 's e ~• n -+ #,..~~ .P.., .r~ t ,`l '~o . , '. c k, f~, ~ V ~. ~~: ~, ~ ... ~. i t'. leapt on,,tt~;ob ~ alI tttnet uttiawtut to make et~r c`fianpet'ot'. sltorotiaRS an aamtt wtih6nt wc~tttn permPSS~.M trom trie 8u+itifrsq Otvtik>}}. ~kY of T~ciPrt. the SUmptnQ d ttia pten d S~eCtliG3tiCr1$ ~SNALL FK11` be~hi1.l~.iy4 p¢tmN O~ Q~ ~iT-~?I1~IN9t't!7- ~~~"•'^ ar+y pravhtons d ANY ~~1' (}tdnanpe. Stato or Ftdeeat Law. acQactvF ~ M ~~ ~, D, r E @Y S -----~'^- p: s ~` } u vrQ ~` ~~ e'.j ~ '~ Y ~ (~ *t. \ \ f.~ ~ t. ~ ~ ~ ~.. r t ~~ , " ; O '! ` i ,. ~ M,,.~"~ 1` ~~ ~: ~. ~~_~ P... `~ g. • ~;r !trCS+cl t~ y i to 1(tft y _ P , ~. t e ! P t .rte.. r'tc (t3Os7iN .riG F~ r3 4~ L+ ~,~ C7 L da~S~ ~~ ~fi -:,~._ ,; 4 J "VFaY ~ ~ ~ r~fErf ItAgr • 4Prlt r711r O7lA/El-A{dgp~ dEE1.AJV1TIGN 1 I~awA wn. yt 1 r~1r ws Qi ~y LielirliW goN+wrnAwrOle LCD t a~Ni~aay~yyy 01l Mrl`A~'i/ilagilaei ~+war+rrr ~Ihr~e i~ i uillt ~ • wwarl uet ^r i t w~iMrellr ti PrwYYis M IIi vel.a~i `wl~ +.twiwrrwr "' >! 'tMl 4 ~- M' ~Ulr~ae • ~Iri Mi ~/~~s~ ~f~ +~~~~ ~rIM11 f7~R Q t wirlllriM ~~ M +Mws Y M~w4 ww •s rC, +swrwMiMlw~wri4lftFa/M{ti _ iJillnryl/ tilt U! M M • M Miw~/ MY Y~rF~r1~M #M l~~' wt.+weirratw~.wtwr~ly ~ e .nr .alir air rr w r~~ 7~ r tir M ~s~wr f ar~~10f 4a1MIWir4As a a • sty w>tr •irrlle r• arninti rtA ww ~r'4lYi r aivrr 4IniM~Ei~ 7Vr(f i 14 711! r+Ir~IrY tV•i l.lr /fr_V ~ ~4`~iri~w/MUrf1114Mnlnpil~(+llrwi tNE tM04UElE -t+IGt OIF Mtl /'OIiR r'E!t "p i K.l4WEp V'DIINIISi ~l~MYW77gw MttlJatlp! ~ ~~'~r MR w k yi i aka w rwae r wi! ~+.w r • Knwwr wwwn Ua~iairir irirsAi s irwl-ilgr ulrOOla 7~ w W °pwrYe r~r o/7reww Prirww r ~ lrriaw "'tee M- ia7rriArrOa_~P~V- twtwM Ora.~~i,__,a~,y CtEIMOiiIOY/E1A47 r~t 1 ~ ilw M M rO/riiMli w ur wll r wllll, u1/ ~ r ~ +~"e.~ wwr~rt~ees.raw'ww ~Mrr rwMr! w Illr 1#~r di14 ~ wy ~MMniYt MaiwMl~rI71Yr11ry MYM e`rwy w~s~M~ t~~M~I~A~+t~f+ • w wear • i ~wwr~ ~y ww s iairl~ry irI 4a Oj IIMIr ~~ t~'~'E~41MM1OM`- e.*.r.~~rr...,rr.,r,~s~w'~ro swa~`swr w~w~Mwi~rwa.r~.w.slrl.~.lrrw i ~rvtfcr-nor~ Boa •va~.awo nERauT ~`' 3 ~ ~ u8E fNGEEt06E PEF7Cq, EMLL /I[}Wt VEN Qp OTitER ~+fR~ELEIit/iiTAWCfc CIT-01 _ _ tUhl~ ----~_. Niir1~M1 kurOi ilNrlilly ~ l f4~~R-~i~~ i ~'r wr 7- l~fwtf.Mb Mrtwl~Yrr Y ~iI1 ~ _ .w ni w M i~w~~ M~".E`w,l'r ww'"w a '~:: r w M '~ ~ a /rr +a111t Sri ~ awl.rri,w~lr: r wr au rrw~wi/riro+luaww~+wrl~eairl~wlr 71Mt ani^wl f ~ ~ ~~~ ~~ r i~M- j~~ r` laWl f'lilwr t w is Yl~ylr~ u i='YM rr U TUSTlN tltu Ccnitacuec at Occupsuzc;y is lssucaf ttursuant to Seetian A t tQ.1 of the Calitamia Suitding Ccxte :u :upended by Ute City of Tusein Gr'Jin:uue tVa. i3~t. At the tune Of issuance, this building has bcxtt itupected far compliance with the reyuiremrrua of this code Car ehe b'T~F wrd division of ex:eupuncy, aad the whieh the: ra P Dvseti accupnocy is ~taisifttd. Building A e:s; t4ti4b NOLT AVEFNJE Buitdutg Pemen tVunrber: C07.tppg t}wettra UE SCMRIBER REALTY Qccup:urcy Group: m, B. Si Tenant Naretc: SpRUUTS Cady: Year: 2oor C8C TYPe ot~ Corutructlan: Y . trtT?Ft RATEO Desscrtptiau: l6.gS6 SF Fire Spriroklcn: YES tssucd ®y: Y eery Ntung uitding t3fFeeial ~~~5"~"~""'-Z-~--~~a'~3` This Certificate of Gccupancy shall be posted in a conspicttuus place on the paentises and nut removed except by the Builduzg {3fficiai. LJ n ~~ ATTACHMENT D OTHER AGENCIES MEM©S C7 ~ITY 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 Safes The Tustin Community Redevelopment Agency is opposed to amending the current Tustin City Code, Sections 9232 all }(a} and 9271 dd(I ), 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 na 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. e t al Redevelo rnent Project Areas' Dais and objectives were develo ed The Z own Center and South C n r 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 o€' community. A summary of Tawn Center and South Central Project Areas Goals and {Jbjectives are included herein far 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 • Dpgrade substandard public infrastructure systems and public facilities • Enhance the image of the area and create a sense of identity • Improve connectivity • Provide assistance for rehabilitation, expansion and retention of existing businesses and facilitate new business attraction ~ Develop a marketing and communication program • Strengthen existing partnerships and develop new ones • Develop, conserve and maintain the City's affordable housing supply A few of the strategies in "The 1'`teighborhoods 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 ofmoderate- 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. ,~ ~~ ~_ CJ G8 ~ DATE: AUGUST 31, 2011 ~ ~ ~ C' ~ " ~ O ~ TO: JUSTINA WI~LFCC?M, SENIOR PLANNER FROM: L_IETUTENANT JOHN STRAIN, NORTN AREA COMMAND SUBJECT: CODE AMENDMENT REVIEW - CA 2011-05 - WALGREENS As you are aware, the above location has asked for a Code Amendment to sell alcohol at Walgreens at 13052 Newport Ave., Tustin, CA. The Police Department has two main issues with this request: 1. The "saturation" of alcohol establishments in the vicinity. There are currently 19 establishments which possess val~l 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 wauid have the Police Department request the City "deny" the amendment. 2. The "crime picture" in the area. !n 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 Polio 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. Criatt~ Ana~lysls unit, 300 nt~n~aiai ~~, ~'~r~ttn~ ~A 0~7i~0 ~~~a573®3303 F -,: ri~rf~ tatisti~s i~ r~i~#i0~ t0 est~~lisi~f°~ents s~ilirfg ~iCOhOi 8/1110 to 8124/11 • h • * ~ ilk ~ ~ 11r LsBand ~: '~ UUaigreen's * A8C License Locations "m Narcotics Offense • Alcohol Offense t~ Crimes Against Persons Property Crime _ . 500 ft. Zone .. Alcohol f8elated 13 Crimes Against Persons 17 Narcotics Offense 7 Property Crime g4 Grand Total X31 e~• CONflDENTiAL ss• FOR LAW ENFORCEMENT USE ONLY ..~ _ . ~.LtJ.. .~r,< .. '~- Crltne Anstysis Unit, 300 Centennis! Way, Tustin, ~A 92740 714-673-3583 "• CONFtDRNT1Ai.'+• FOR tAW t:NFORCENtBN7 U~t! ONLY North Area Theft of Alcohol 8/1/1®to 8/24/11 ATTACHMENT E Planning Cammissian Resolution Na. 4184 and Draft Minutes of Planning Commission Meeting of 4ctaber 18, 2011 RESOLUTION NO. 4184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENI?CNG 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 far Code Amendment 2011-05 was filed by Brian Fish and Jennifer Chaves, of Luce Forward Hamilton & Scripps, on behalf of Walgreen Co., to request amendment to Sections 9232a1.(a} and 9271dd(1} to allow off-site sales of alcoholic beverages businesses with more than 12,000 square feet as outright permitted uses in the Retail Commercial (C-1 } zoning district and require approval of conditional use permits for businesses with less than 12,000 square feet gross floor area and where the alcoholic beverages sales area is more than ten (10} percent of the gross floor area and subject to distance requirements to sensitive uses, respectively. B. That on November 16, 1992, the City Council adopted Ordinance No. 1101 establishing that super markets and other large retail stores with a minimum 15,000 square feet of gross floor area shall not be required to obtain approval of a conditional use permit in order to sell alcoholic beverages for off-site consumption. The ordinance was focused on supermarkets, grocery stores, and other large retail stores. C. That a public hearing was duly called, noticed, and held for said application on October 11, 2011, by the Planning Commission. ,~, D. That the denial of Code Amendment 2011-05, a request to revise the Tustin City Gode 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 grass floor area and require businesses with less than 12,000 square feet to obtain f2esalution NQ. 41$4 October 11, 2011 Page 2 Conditional Use Permits (CUPS} to sel( alcoholic beverages far off-site consumption and be subject to distance requirements wilt be detriments! to the health, safety, rnarals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious ar 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 alcahalic 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 farm of regulations. 2. The impact of the proposed cede amendment would apply city-wide and while the applicant states that only one (1} additional existing use would qualify far the CUP exemption far alcahalic beverage sales, a larger number of future businesses and tenant spaces may be eligible to sell alcoholic beverages without approval of Canditianal Use Permits. Therefore, the actual impact of the prapased cede amendment is potentially greater than what can currently be analyzed and foreseen. 3. The current exemption of 15,flOQ square feet threshold are typical of supermarkets ar groceries stores and adequately addresses the original concern in that supermarkets or grocery stares 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 far exemptions throughout the City and may aver 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 prapased project site and citywide and concluded that lowering the building squarefootage threshold for alcahalic beverages establishments would increase the number of Resolution No. 4184 t)ctober 11, 2011 Page 3 outright permitted alcoholic sages establishments and thereby increase the likeiihood 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 G2uafity Act. ll. 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 11 to day of October, 2011. ~) y' t ~ ~.~ JE F ~ . TH PSflN Chairperson l ,.Z.~~J ~'%r ~!! Tl /'tt 1~~.r..t.lAl..i .fi'/ EI.iZABETN A. BiNSACK Planning Commission Secre#ary r'~L a,'~t ~4 Resolution No. 4184 October 11, 2011 Page 4 ~~ STATE OF CALIFORNIA ~ GOUNTY OF ORANGE } CITY OF TUSTIN } I, EIrIZABETH A. BINSAGK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Gommission of the City of Tustin, Galifomia; that Resolution No. 414 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11`~ day of October, 2011. ~-~ ELIZABETH A. BINSAGK Planning Commission Secretary ~:1 t °~^ ,. ,y ':t 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. 1St Street. Swiantek Presented the staff report for CUP 2011-17. Staff addressed Planning Cammission questions and concems. Commission questions/concerns generally included specifcations of the Heise ordinance, and hours of regulation of live entertainment. The Public Hearing opened at 8:47 p.m. The applicant, Jose Lopez, stepped forward. Mr. t_apez requested that the hours of operation of live entertainment be extended to 1:00 a.m. He further clarifed 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 1:04 a.m., and would prefer to regulate the noise to a reasonable level. If noise central measures are implemented, he is in support of the proposed Conditional Use Permit. The Public Hearing closed at 8:52 p.m. Planning Cammission 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 dear for Heise cantrfll. Motion: It was maned by Puckett, seconded by Kozak, to adapt Resolution Na. 4186 as amended. Madan carried 5-0. Adapted 5. CODE AMENDMENT 2011-05, ALCOHOt_ BEVERAGE SALES. Resolution Na. 4184 as amended Walgreen Ca. has submitted a Cade amendment application to r revise Tustin City Cade Sections 9232a1.{a) and 9271dd{1}. Tustin City Cade 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 Hat exceed ten{10} percent of the grass floor area. Section 9271dd{1} Minutes -Planning Cammission Octokser 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 grass floor area and that these types of establishments are subject to distance requirements to sensitive uses. The proposed Cade Amendment 2811-05 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 ar disapproves. That the Planning Commission adapt Resolution No. 4184, denying Cade Amendment 2011-05, a request to amend Sections 9232a1 {a} and 9271 dd(1 } to allaw 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 grass floor area and subject to distance requirements to sensitive uses, respectively. Huffer Presented the staff report for Code Amendment 2011-05. The Director proposed a modification to the agendized recomrnendatian, recommending denial of Code Amendment 2011-05 to City Council. Commission questionslcancerns generally included clarifcatian on the 15,000 square foot threshold and ABC requirements referencing square footage of a property, Minutes -Planning Commission t~ctc~ber 11, 2011 -Page 6 Tustin Police Officer Khaya Breskin stepped forward to address Planning Commission questionslcancems. 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 praject. The Public Nearing 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 stare. Ms. Chavez proposed that the 15,OOp 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 Cade Amendment, and a letter of support Pram Gerry Aust of the Rotary Club was also received. The Public Nearing closed at 9:24 p.m. Moore Stated he was in favor of support of the Cade Amendment, and of making the modification to reduce the threshold of grass 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 an a retail establishment based an 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 an the recommendations of staff and the Tustin Police Department, he proposes denying the subject praject. Thompson Stated there are already many alcoholic beverage establishments within the area. Respects the recarnmendations 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: Et was moved by Puckett, seconded by Kozak, to adapt Resolution No. 4184 denying Code Amendment 2011-05 to City Council as amended. Matian carried 3-2, with Moore and Eckman dissenting. Minutes - Planning Cc~mmissian C}ctcaber 11, 2Q11 -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 Chavez, 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, ar combination thereof, are sold for off-site consumption. B. That on November 16, 1992, the City Council adopted Ordinance No. 1101 establishing that super markets and other large retail stares 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 far 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 December 6, 2011 Page 2 D. That a public hearing was duly called, noticed, and held for said application on November 1, 2011 by the City Council. The City Council continued the item to December 6, 2011, at the request of the applicant. E. 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 and December 6, 2011. The Agenda Report and its Attachments A through E constitute and include a list of persons who testified andlor 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 alcaholic 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 ar 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 aver saturate certain areas in the City with alcoholic licenses. Resolution No. 11-78 December 6, 2011 Page 3 6. That there is an 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 the Police Department analyzed various alcohol related crimes occurred within the vicinity of the proposed project site and citywide and concluded that lowering the building square footage 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 Cade Amendment 2011-05, a request to amend Sections 9232a1.(a), 9271 dd(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 far 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 grass floor area and subject to distance requirements to sensitive uses; and, amend the definition of "Convenience Stare" 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 6t" day of December, 2011. JERRY AMANTE MAYOR Resolution No. 11-78 December 6, 2011 Page 4 ATTEST: PAMELA STOKER CITY CLERK 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 6t" day of December, 2011, by the fallowing vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK