HomeMy WebLinkAboutORD 1230 (2000) ] ORDINANCE NO. 1230
2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY
CODE ARTICLE 9, EXISTING PLANNED COMMUNITY
DISTRICT REGULATIONS AND SPECIFIC PLANS TO 1)
ESTABLISH DISTANCE SEPARATION REQUIREMENTS FOR
5 ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS WITHIN
THE PLANNED INDUSTRIAL AND PLANNED COMMUNITY
6 DISTRICTS OF THE TUSTIN CITY CODE; 2) ESTABLISH
DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC
7 BEVERAGE SALES ESTABLISHMENTS WITHIN EXISTING
8 PLANNED COMMUNITY DISTRICTS AND SPECIFIC PLAN
AREAS AS IDENTIFIED ON THE TUSTIN ZONING MAP; AND, 3)
9 ENABLE THE ALCOHOLIC BEVERAGE SALES
ESTABLISHMENT GUIDELINES TO BE APPLIED WITHIN
10 SPECIFIED COMMERCIAL, INDUSTRIAL, PLANNED
]] INDUSTRIAL AND PLANNED COMMUNITY DISTRICTS OF THE
TUSTIN CITY CODE AND EXISTING PLANNED COMMUNITY
12 DISTRICT REGULATIONS AND SPECIFIC PLANS AS
IDENTIFIED ON THE TUSTIN ZONING MAP
The City Council of the City of Tustin DOES HEREBY ORDAIN as follows:
15 Section 1. Findings:
] 6 The City Council of the City of Tustin finds and determines as
follows:
17
A. The Zoning Code and existing Planned CommUnity District
18
Regulations and Specific Plans were adopted to regulate
19 land use to protect the public health, safety, and welfare.
20 B. On-site and off-site sales establishments located within the
Planned Industrial and Planned Community Zoning Districts,
21 existing, Planning Communities, and Specific Plan areas do
22 not require minimum distances between other on-site and
off-site establishments and sensitive land uses such as
23 residences, other existing on-site and off-site sales
establishments, places of worship, public or private schools,
24 parks, playgrounds, clinics, hospitals, health care facilities,
and convalescent homes.
26 C. Minimum distance requirements between on-site and off-site
alcoholic beverage sales establishments and sensitive uses
27 are necessary to promote orderly development and mitigate
ampacts typically associated with alcoholic beverage sales
28 establishments to protect the public health, safety, and
welfare.
Ordinance 1230
.Page 2
2
D. There is a current and immediate threat to the public health,
3
safety, and welfare in that future permitted and conditionally
~ permitted alcoholic beverage sales establishments could
locate near existing sensitive uses or overconcentrate in
areas that are not subject to distance separation regulations.
6 The amendments are required for the immediate
preservation of the public peace, safety and health of the
? citizens of Tustin.
8
E. The Alcoholic Beverage Sales Establishment Guidelines
9 were adopted by the Planning Commission to provide
policies, definitions, findings, and recommended conditions
~0 of approval to promote orderly development and mitigate
n impacts typically associated with alcoholic beverage sales
establishments to protect the public health, safety, and
~2 welfare.
~3 F. The current Commercial, Industrial, Planned Industrial and
14 Planned Community Districts, and existing Planned
Community District Regulations and Specific Plan
~5 regulations do not require alcoholic beverage sales
~6 establishments to comply with the Alcoholic Beverage Sales
Establishment Guidelines.
17
G, The Alcoholic Beverage Sales Establishments Guidelines
~s are needed to provide interpretive guidance for the law tO
~9 promote orderly development and protect the public health,
welfare and safety by defining on and off-site sales alcoholic
20 beverage sales establishments, identifying desirable project
characteristics, and setting forth recommended findings and
2~ conditions of approval for discretionary applications for
22 alcoholic beverage sales establishments.
2s H. The Planning CommissiOn is the appropriate approval body
for future amendments to the Alcoholic Beverage Sales
24 Establishment Guidelines in that the Planning Commission's
_,5 scope of duties include land use and planning matters.
26 I. That the amendments are consistent with the General Plan
in that they will promote the orderly growth and development
27
in Planned Industrial and Community Districts and existing
2s Planned Communities and Specific Plan areas.
Ordinance 1230
Page 3
I
: Section 2. The following provisions of the Tustin City Cod.e are
3 hereby amended as follows:
4 A. Subsection 9232b(p) ~s amended to read as follows:
5 "Alcoholic beverage sales establishments subject to the following
6 criteria and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments".
?
B. Subsection 9233c(v) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the following
criteria and the Planning Commsssion's Guidelines for Alcoholic
Beverage Sales Establishments".
n C. Subsection 9234c(10) is amended to read as follows:
12
"Alcoholic beverage sales establishments subject to the following
~3 criteria and the Planning Commission's Guidelines for Alcoholic
j4 Beverage Sales Establishments".
~s D. Subsection 9235c(dd) is amended to read as follows:
~6 "Alcoholic beverage sales establishments subject to the following
~? criteria and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments".
18
~9 E. Subsection 9241 (b) is amended to read as follows:
z0 "b. C0nditionally Permitted Uses:
2~ I Alcoholic beverage sales establishments subject to
the following criteria and the Planning Commission's
22 Guidelines for Alcoholic Beverage Sales
23 Establishments.
24 Off-site alcoholic beverage sales located in a building
25 and permitted business with less than 15,000 square
feet of gross floor area and permitted businesses with
26 more than 15,000 square feet of gross floor area
where the off-site alcoholic beverage sales area
27 within the building occupies more than 10 percent of
as the gross floor area, subject to the following minimum
distance regulations:
29
(a) 300 feet from any other residentially zoned or
used property.
Ordinance 1230
Page 4
500 feet from any existing off-site sales
establishment.
600 feet from any church, place of worship,
public or private school, park, playground,
clinic, hospital, health care facility, or
convalescent home.
600 feet from . existing on-site sales
establishments, except restaurant
establishments.
(b) Minimum distances between off-site
establishments and; residentially owned or
used property, churches, places of worship,
public or private schools, parks, playgrounds,
clinics, hospitals, health care facilities and
convalescent homes shall be computed by
measuring the distance from the closest
entry/exit provided for public/customer access
of the off-site establishment to the property line
of any Of the above uses whether inside or
outside the city boundaries.
(c) 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 side.
On-site alcoholic beverage sales establishments
except restaurant establishments subject to the
following minimum distance regulations:
(a) 1,000 feet from any residentially zoned or used
property.
1,000 feet from any other existing on-site
except restaurant establishments or off-site
sales establishments.
1,000 feet from any church, place of worship,
public or private school, park, playground,
Ordinance 1230
Page 5
]
2 clinic, hospital, health care facilityor
convalescent home.
3
4 (b) Minimum distances between on-site sale
establishments except restaurant
5 establishments and; residentially zoned or
6 used property, churches, places of worship,
public or private schools, parks, playgrounds,
? clinics, hospitals, health care facilities and
convalescent homes shall be computed by
s measuring the distance from the closest
9 exterior wall of the on-site establishment to the
property line of any of the above uses whether
10 inside or outside the city boundaries.
n (c) Minimum distances between on-site sales
~2 establishments and another off-site or on-site
sales establishment except restaurant
~3 establishments whether inside or outside city
~4 boundaries shall be computed by measuring
the distance between the closest exterior
~5 structural walls of each use."
~6 F. Subsection 9242b(g) is amended to read as followS:
~.?
"Alcoholic beverage sales establishments subject to the following
criteria and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments".
20 G: Subsection 9244(e) is added to read as follows:
2~ "e. Conditionally Permitted Uses:
22
1. Alcoholip beverage sales establishments subject to
2s the following criteria and the Planning Commission's
Guidelines for Alcoholic Beverage Sales
24 Establishments.
25
Off-site alcoholic beverage sales located in a building
26 and permitted business with less than 15,000 square
:? feet of gross floor area and permitted businesses with
more than 15,000 square feet of gross floor area
2s where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of
:9 the gross floor area, subject to the following minimum
distance regulations:
Ordinance 1230
Page 6
2 (a) 300 feet from any other residentially zoned or
3 used property.
~ 500 feet from any existing off-site sales
establishment.
5
600 feet from any church, place of worship,
public or private school, park, playground,
clinic, hospital, health care facility, or
convalescent home.
9 600 feet from existing on-site sales
establishments, except restaurant
~0 establish ments.
(b) Minimum distances between off-site
~2 establishments and; residentially owned or
used property, churches, places of worship,
~3 public or private schools, parks, playgrounds,
14 clinics, hospitals, health care facilities and
convalescent homes shall be computed by
~5 measuring the distance from the closest
~6 entry/exit provided for public/customer access
of the off-site establishment to the property line
~? of any of the above uses whether inside or
outside the city boundaries.
]8
~9 (c) Minimum distances between off-site sales
establishment and another off-site or on-site
20 sales establishment, except restaurant
establishments whether inside or outside city
2~ boundaries shall be computed by measuring
22 the distance between the closest exterior
structural walls of each side.
23
On-site alcoholic beverage. sales establishments
24 except restaurant establishments subject to the
25 following minimum distance regulations:
26 (a) 1,000 feet from any residentially zoned or used
property.
27
1,000 feet from any other existing on-site
except restaurant establishments or off-site
sales establisbiments.
Ordinance 1230
Page 7
1,000 feet from any church, place of wc~rship,
public or private school, park, playground,
clinic, hospital, health care facility or
convalescent home.
(b) Minimum distances between on-site sale
establishments except restaurant
establishments and; residentially zoned or
used property, churches, places of wornhip,
public or private schools, parks, playgrounds,
clinics, hospitals, health care facilities and
convalescent homes shall be computed by
measuring the distance from the closest
exterior wall of the on-site establishment to the
property line of any of the above uses whether
inside or outside the city boundaries.
(c) Minimum distances between on-site sales
establishments and another off-site or on-site
sales establishment except restaurant
establishments whether inside or outside city
boundaries shall be computed by measuring
the distance between the closest exterior
structural walls of each use."
Section3. The following provisions shall amend and be
incorporated into all Planned Community District Regulations and Specific
Plans that are in existence as of the date of this Ordinance and specified
as Planned Industrial (PM), Planned Community (PC), Planned
Community Commercial (PCC), Planned Community Mixed Use (PCMU)
and Specific Plan areas on the City of Tustin Zoning Map on file with the
City, where alcoholic beverage sales establishments are listed as
permitted or conditionally permitted uses.
Alcoholic beverage sales. establishments subject to
the following criteria and the Planning Commission's
Guidelines for Alcoholic Beverage Sales
Establishments.
Off-site alcoholic beverage sales located in a building
and permitted business with less than 15,000 square
feet of gross floor area and permitted businesses with
more than 15,000 square feet of gross floor area
where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of
the gross floor area, subject to the following minimum
distance regulations:
Ordinance 1230
Page 8
(a) 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 on-site sales
establishments, except restaurant
establishments.
(b) Minimum distances between off-site
establishments and; residentially owned or
used property, churches, places of worship,
public or private schools, parks, playgrounds,
clinics, hospitals, health care facilities and
convalescent homes shall be computed by
measuring the distance from the closest
entry/exit provided for public/customer access
of the off-site establishment to the property line
of any of the above uses whether inside or
outside the city boundaries.
(c) 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 side.
On-site alcoholic beverage sales establishments
except restaurant establishments subject to the
following minimum distance regulations:
(a) 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.
Ordinance 1230
Page 9
1,000 feet from any church, place of worship,
public or private school, park, playgi'ound,
'clinic, hospital, health care facility or
convalescent home.
(b) 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, playgroundsi
clinics, hospitals, heaith care facilities and
convalescent homes shall be computed by
measuring the distance from the closest
exterior wall of the on-site establishment to the
property line of any of the above uses whether
inside or outside the city boundaries.
(c) Minimum distances between on-site sales
establishments and another off-site or on-site
sales establishment except restaurant
establishments whether inside or outside city
boundaries shall be computed by measuring
the distance between the closest exterior
structural walls of each use."
Section 4. This Ordinance is an Urgency Ordinance, enacted
pursuant to Government Code Section 36937.
Section 5. This Ordinance shall be adopted by four-fifths (415)
vote of the City Council and shall be effective immediately upon such vote.
Section 6. Severability
All of the provisions of the urgency ordinance shall be construed
together in order to accomplish the purpose of these regulations. If any
provision of this part is held by a court to be invalid or: unconstitutional,
such invalidity or unconstitutionality shall apply only to the particular facts,
or if a provision is declared to be invalid or unconstitutional as applied to
all facts, all of the remaining provisions of this ordinance shall continue to
be fully effective.
Ordinance 1230
Page 10
2
PASSED AND ADOPTED at a regular meeting of the City Council "of the
s City of Tustin, held on the 19th day of June, 2000.
4
5
JI~FrL:Z-~y'M. THO~IAS
? Mayor
j~C~~
~3 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
~4 CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1230
PAMELA STOKER, 'City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, Califomia, does hereby certify that the whole number of the
members of the City Council of the City of Tustin is 5; that the above and
foregoing Ordinance No. 1230 was duly and regularly introduced, passed
and adopted at a regular meeting of the City Council held on the 19th day of
June, 2000 by the fo.llowing vote:
COUNCILMEMBER A~rgs: Thomas, Wo~:le:y, l)o~rle, l>otts, Saltare11'i
22 COUNCILMEMBER ]~O~-S: l~one
23 COUNCILMEMBER .,~,.BSTJ~]:I~I~D: l~One
COUNCILMEMBER 2U~S]S~rt= None
24 am~l'a Stoker, Cit~