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Home My WebLink AboutPOWERPOINT - CODE AMENDMENT 2011-05~~.c~.~;~®und. .~ - - Tustin City Code Sections 9232a1.(a) and 9271 dd(1) require approval of a Conditional Use Permit (CUP) prior to operating an alcoholic beverage sales establishment (for off-site consumption) in the Retail Commercial (C-1 j Zoning District, except for businesses with at least 15,000 square feet and the alcoholic sales area is less than 10% of the gross floor area. Alcoholic beverage sales establishments that require a conditional use permit are subject to distance requirements except for restaurants and specialty stores. 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. Background Walgreens 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." 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. On October 11, 2011, the Planning Commission considered the item and recommended that the City Council deny Code Amendment 201 1-05. On October 18, 2011, the City Council continued the public hearing on the item to tonight's meeting at the request of Walgreens. ~Icoholic Beverages Sales Regulations _- i , June 4. 7984 _......_. __ Ord. 912 ~~~u--~~ • Interim Urgency Ordinance • Moratorium on oil-sale liqurn stoles '. Ortl. 920 November79. 18114 • Raqulred CUP for all businesses selling alcohol • Renamed "liquor store" io "alcoholic beveragn sales establishment' Added definition for "alcoholic beverage sales establishment' Ord. 981 •- Apul2i7. 1987 _ - ~ • Added definition for "convenieure store" l: Raqulred CUP for onnvemenco store Required distance standards lot alconolic beveraye sales establishments Initiated by"Parents Whn Care-community group concerned with alcoholic beverage sales nusinesses Ord.1107 Novemb~rr 76, 7892 - - ~ - • FOrempted suparmerkets and other large retail stores (min. 75,000 sp, and less than 10 '. percent Bales area, from CUP and distance requirements Ord. 1167 January 2, 1996 • Revised distance requiremervs and added some sensitive land uses pesidential, other ~~. alcoholic beverage sales establishments. church, place of worship, public or private ' schools. park, playgrountl, clinic. hospital, health rare tacitly and convalescent home) ~' • Established methodology for measuring distance Ord. 1230 ~ . J~rte iB, 2000 -- Interim Urgency Ordinance • Amended Planned Community (PC), Planned Community Indusidal (PC-IND), and ' ' Specific Plan(SP)zoning drs7dcts in establish distanrs roquiremenla EuYabiished Planning Commission guidolinesapplicable to all alcoholic beverage sales establishments • Permanent ordinance was never adopted Ocd. 1231 Juno 4. 2(Nt1 • Added dehnihnn (ur "!specialty Stoi e' • Specialty Shies eaempihom distance iegmiemenls. but requiretlb have CUP ', Walgr~ens Analysis o Actual impact is potentially greater than analyzed. o The applicant submitted an analysis of which existing businesses may benefit from the proposed code amendment. The applicant eoncluded that two (2) existing businesses, including Walgreens, would quality and benefit from the cowered square footage threshold. o A larger number of future businesses and tenant spaces may be eligible thru alcoholic business sales establishing in spaces that are increased or decreased to 12,000 square feet via tenant improvements. ~~ ~...,rl.t~W1~e I~~_~~r'l~~' o The proposed code ~_ '~ C_1 __ ,,,„s, amendment would apply C-2 citywide and affect the C-1, C-2, C-3, and CG CG p~' zoning districts and are generally located along „V'^ Newport Avenue, EI Irvine Blvtl. ~ ~R < _,, 1t 5L ` ~ Camino Real, and Red Hill Avenue at the I 5 ~°~. ^ ~ " - a .Ins„ ~• Freeway. $ iJa fey ~o-P ~ ~ ~: m ~® :~". .r 6' Impact to Convenience Mores The proposed code amendment would also affect how the City addresses convenience stares. 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 consumption:' The current 15,000 square feet threshold for convenience stores and alcoholic beverage sales establishments go hand in hand. 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. Public Convenience and Necessity "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. Public Con-~enience and T`+Tecessity Public ~anvenience and Necessity 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 licenses to population in the County (0.06). If this request were approved, the census tract would have 200 percent more licenses than allowed. Notwithstanding with the above, ABC may issue a license if the City determines that public convenience or necessity would be served by the issuance of alcoholic beverages license. If the City does not make a determination, then the ABC may issue the license if the applicant shows that public convenience or necessity would be served by the issuance. Police Department Input The City's Police Department has reviewed the proposal and has concluded that the applicant's store is located in an area that is saturated with alcoholic beverage sales establishments. There are 18 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. Police Department records indicate that there were 14 reported thefts of alcohol from licensed alcoholic beverage sales establishments during the past year that occurred in the north portion of the City, 50 percent of which occurred within the vicinity of the existing Walgreens Pharmacy. The Police Department has indicated that it would not be in support of the request for a code amendment and Finding of Public Convenience and Necessity due to concerns of saturation and crime. s~ Rnedevelop~ne~~.t ~~~-~~_~~T input ^ The project site is located within the Redevelopment project area. ^ Redevelopment Agency is concerned that the proposed code amendment could have far reaching implications on the number of alcoholic beverage sales establishments and such increases could contribute to a continuance of depreciated values, impaired investments and economic maladjustments within the Redevelopment Project Areas. ^ The proposed code amendment conflicts with strategies that seek to create well-defined neighborhood centers. ~~ecommer~datio~-N~ That the City Council adopt Resolution No. 1 1-78 upholding the Planning Commission's recommendation and denying Code Amendment 201 1-05