HomeMy WebLinkAboutPH 1 CODE AMEND 92-007 11-02-92PL
PUBLIC HEARING N0. 1
11-2-92
moor
Inter -Com
DATE: NOV EMBER 2, 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 92-007 (TUSTIN)
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Envirbnmental Determination for the project by
adopting Resolution No. 92-128; and
2. Have first reading by title only and introduction of Ordinance
No. 1101.
BACKGROUND
In November 1984, the City Council adopted zoning code provisions
which required a conditional use permit for all on-site and off-
site alcoholic beverage sales establishments within the City. In
May 1987, the City Council added additional provisions to establish
minimum distance or setback requirements between various land uses
and any off-site alcoholic beverage sales establishment.
Two members of the City Council informally requested that the City
initiate an amendment to these current zoning code provisions since
they have had the affect of severely 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 a liquor store or
delicatessen.
On October 12, 1992, the Planning Commission adopted Resolution No.
3089 recomme~:3ing to the City Council approval of a proposed code
amendment to deal with this issue (Attachment A).
The proposed amendment would allow as an outright permitted use in
several commercial zones, the sale of alcoholic beverages provided
the alcoholic beverage sales area was limited to 10 percent of the
gross floor area of a building over 15,000 square feet.
Establishments with more than 10 percent of the floor area devoted
to alcoholic beverage sales would be subject to approval of a
-- City Council Report
Code Amendment 92-007
November 2, 1992
Page 2
conditional use permit (CUP). Alcoholic beverage sales
establishments located in a building with less than 15,000 square
feet of floor area would also be subject to a CUP, regardless' of
the percentage of area devoted to alcoholic beverage sales.
The proposed amendment would apply to all properties within the C-1
(Retail Commercial), C-2 (Central. Commercial), C-3 (Heavy
Commercial), CG (Commercial General) and M (Industrial) Districts
within the City.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin News
and posted at the Tustin City Hall and Police Department. Since
this project effects over 1,000 parcels, notices were not required
to be mailed to property owners within 300 feet of the project
site.
DISCUSSION
Off-site sales of alcoholic beverages throughout the City are
presently subject to approval of a conditional use permit and the
following minimum distance requirements, regardless of the size of
the establishment:
100 feet from any residentially zoned or used property;
300 feet from any other existing off-site sales establishment;
and/or
600 feet from any church, public or private school,
playground, or hospital.
At the time these regulations were established, discussion related
to the various distance requirements focused on controlling the
proliferation of small convenience markets, liquor stores, mini -
markets and service stations which provided off-site sales of
alcoholic beverages. The emphasis or concern was not on the larger
supermarkets and retail stores. In response to this concern, part
of the amendments in 1987 established a definition for a
"Convenience Store" which states:
"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' intent of the amendment would be to authorize only those larger
stores, with minor (l0%) accessory alcoholic beverage sales as an
outright permitted use in certain zoning districts. All other off-
site alcoholic beverage sales establishments, regardless of size or
City Council Report
Code Amendment 92-007
November 2, 1992
Page 3
area within the building devoted to alcoholic beverage sales, would
still be subject to approval of a CUP and the minimum distance or
setback requirements within the current provisions of the Zoning
Code.
The prohibition of alcohol sales in supermarkets or other large
retail stores was not intended when the City established
regulations concerning alcoholic sales establishments. Alcoholic
beverage sales has always occurred at supermarkets. and as noted
previously, has not been a concern of the community in establishing
the current regulations. The proposed amendment would also provide
fair implementation of the regulation for new stores and older
stores which have been, established prior to the enactment of the
current code provision but wish to change operations. The
amendments would still provide the City with adequate discretion
over smaller stores and large liquor stores through the conditional
use permit process and the minimum distance requirements as
currently contained in the Zoning. Code. A copy of the proposed
amendments are attached as Ordinance No. 1101.
CONCLUSION
Based upon the Planning Commission recommendations, the proposed
amendments would serve to clarify current code provisions and would
not adversely impact the community. It is recommended that the City
Council approve Code Amendment 92-007 and have first reading and
introduction of Ordinance No.1101.
i
Daniel Fox Christine Shingle
Senior Planner Assistant City M ager
Attachments: Initial Study/Negative Declaration
PC Reso No 3089, Attachment A
Resolution No. 92-128 and Ordinance No.'1101
CA92-007.cc
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RESOLUTION NO. 92-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR CODE AMENDMENT 92-007 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. The request to approve Code Amendment 92-007 is
considered a "project" pursuant to the terms of the
California Environmental Quality Act.
B. A Negative Declaration has been prepared for this
project and has been distributed for public review.
C. Whereby, the City Council of the City of Tustin has
considered evidence presented by the Community
Development Director and other interested parties
with respect to the subject Negative Declaration.
D. The City Council has evaluated the proposed final
Negative Declaration and determined it to be
adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council having final authority over Code Amendment 92-
007, has received and considered the information
contained in the Negative Declaration, prior to approving
the proposed project, and found that it adequately
discussed the environmental effects of the proposed
project. The City Council has found that the project
involves no potential for an adverse effect, either
individually or cumulatively, on wildlife resources and
makes a De Minimis Impact Finding related to AB3158,
Chapter 1206, Statutes of 1990. On the basis of the
initial study and comments received during the public
review process, the City Council has found that, the
proposed projects would not have a significant effect on
the environment.
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Resolution No. 92-128
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 2nd day of November, 1992.
LESLIE ANNE PONTIOUS
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 92-128
MARY E. WYNN, City Clerk and ex -off icio 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 5; that the above and foregoing
Resolution No. 92-128 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 2nd day of November, 1992.
MARY E. WYNN, CITY -CLERK
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
1
RESOLUTION NO. 3089
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF CODE AMENDMENT
4 92-007, AMENDING SPECIFIC SECTIONS IN THE
COMMERCIAL AND INDUSTRIAL DISTRICTS OF THE
5 TUSTIN CITY CODE TO MODIFY REQUIREMENTS FOR
OFF-SITE ALCOHOLIC BEVERAGES SALES
G ESTABLISHMENTS
The Planning Commission of the City of Tustin does hereby
resolve as follows:
8
I. The Planning Commission finds and determines as
9 follows:
10 A. The' Zoning Code was adopted to identify
specific land uses and standards of
11 development to occur within certain Zoning
Districts; and
12
B. It has been determined that there is a current
13 and future need for supermarkets and large
retail establishments which provide the sale
14 of alcoholic beverages as part of their
business but can not be established due to
15 current limitations and regulations related to
minimum distance requirements between certain
16 land uses within the commercial and industrial
districts; and
17
C. The amendment is in the best interest of the
1� public health, safety and welfare in that it
will still maintain minimum distance
1�l requirements between certain land uses and
project discretion for small off-site
?t►,� alcoholic beverage sales establishments and
convenience markets as currently provided by
2 1 ' the Code ; and
D. The amendment is consistent with the General
Plan in that it will not negatively impact the
orderly growth and development of the
±i commercial or industrial districts of the
24 j i city.
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'I ATTACHMENT A
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Resolution No. 3089
Page 2
II. The Planning Commission hereby recommends to the
City Council approval of Code Amendment 92-007,
amending specific sections in the commercial and
industrial districts of the Tustin City Code to
modify requirement for off-site alcoholic.beverage
sales establishments as contained in the draft
ordinance attached hereto as Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 12th day of
October, 1992.
WWWWWM71271711 MCI
:
1 14ivim
KATHLEEN CLANCY
W4 -
Recording Secreta
STATE OF CALIFORNIA j
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3089 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 12th day of
October, 1992.
KATHLEEN CLANCY
Recording Secretary
RESOLUTION NO. 3089
EXHIBIT A
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIISTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL AND
INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TIISTIN CITY CODE TO
MODIFY REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES
ESTABLISHMENTS (CA92-007)
The City Council of the City of Tustin finds and determines as
follows:
A. The Zoning Code was adopted to identify specific
land uses and standards of development to occur
within certain Zoning Districts; and
B. It has been determined that there is a current and
future need for supermarkets and large retail
establishments which provide the sale of alcoholic
beverages as part of their business but 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 will 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 Code; and
D. The amendment is consistent with the General Plan
in that it will not negatively impact the orderly.
growth and development of the commercial or
industrial districts of the City.
NOW, THEREFORE, the City Council of the City Council of the
City of Tustin DOES HEREBY ORDAIN as follows:
Section 1. Article 9, Chapter 2, Part 9 of the Tustin City
Code JLs hereby amended as follows:
A. Subsection 9232a(1) entitled "Retail Businesses,
exemplified by the following list, when conducted
within a building:" is amended to add subsection
(cc) to read as follows:
Resolution No. 3089
Exhibit A
October 12, 1992
Page 2
B. Subsection 9234a entitled "Permitted Uses" is
amended to add subsection (6) to read as follows:
C.
ED I
E.
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:
Subsection 9242a entitled "Permitted Uses" is
amended to add subsection (d) to read as follows:
Subsection 9232b (p) is amended to read. as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital."
Resolution No. 3089
Exhibit A
October 12, 1992
Page 3
F. Subsection 9233c(v) is amended to read as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
off-site -site salesest .b, ; shm`n. eool>;<3
.ce
:......
ocated a minimum distance or:
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital."
G. Subsection 9234c(10) is amended to read as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
100 feet from any residentially zoned or used
property.
300 .feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital."
H. Subsection 9235c(dd) is amended to read as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
Resolution No. 3089
Exhibit A
October 12, 1992
Page 4
-establishments
�s
off-site sales
ocated a minimum distance o .
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 'feet from any church, public or private
school, playground or hospital."
I. Subsection 9242b(g) is amended to read as follows:
"Alcoholic beverage sales establishments subject to
the following criteria:
Off-site sales ..tab '"h' ent-.
s
ocate a minimum distance o :
100 feet from any residentially zoned or used
property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or private
school, playground or hospital."
PASSED AND ADOPTED at a regular meeting of the City C:ouncil*of the
City of Tustin held on the day of , 1992•
LESLIE ANNE PONTIOUS
Mayor
MARY WYNN
City Clerk
Resolution No. 3089
Exhibit A
October 12, 1992
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE
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 Resolution No. 3089
was duly and regularly introduced, passed and adopted at a regular
meeting of the City Council held on the day of
1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
DF:br\abc.ord
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ORDINANCE NO. 1101
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL AND
INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE TO
MODIFY REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES
ESTABLISHMENTS (CA92-007)
The City Council of the City of Tustin finds and determines as
follows:
A. The Zoning Code was adopted to identify
specific land uses and standards of
development to occur within certain Zoning
Districts; and
B. It has been determined that there is a current
and future need for supermarkets and large
retail establishments which provide the sale
of alcoholic beverages as part of .their
business but 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
will 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 Code; and
D. The amendment is consistent with the General
Plan in that it will not negatively impact the
orderly growth and development of the
commercial or industrial districts of the
City.
NOW, THEREFORE, the City Council of the City Council of
the City of Tustin DOES HEREBY ORDAIN as follows:
Section 1. Article 9, Chapter 2, Part 9 of the Tustin
City Code is hereby amended as follows:
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Ordinance No. 1101
Page 2
A. Subsection .9232a(1) entitled "Retail
Businesses, exemplified by the following list,
when conducted within a building:" is amended
to add subsection (cc) to read as follows:
Subsection 9234a entitled "Permitted Uses" is
amended to add subsection (6) to read as
follows:
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Ordinance No. 1101
Page 3
E.
F.
G.
Subsection 9232b (p) is amended to read as
follows:
"Alcoholic beverage sales establishments
subject to the following criteria:
Off-site sales establishments
wt,,,..,isha,..tc - ��
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Ordinance No. 1101
Page 4
H.
I.
Off-site sales ,..tab i ..z.......nts
all be iocatea a
mum aistance or:
100 feet from any residentially zoned or
used property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or
private school, playground or hospital."
Subsection 9235c(dd) is amended to read as
follows:
"Alcoholic beverage sales establishments
subject to the following criteria:
Of f -site sales es mensldbhb! c
aii ne iocatea a
minimum distance of
shall be located a
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Ordinance No. 1101
Page 5
100 feet from any residentially zoned or
used property.
300 feet from any other existing off-site
sales establishment.
600 feet from any church, public or
private school, playground or hospital."
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the 2nd day of November, 1992.
LESLIE ANNE PONTIOUS
Mayor
MARY WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE 1101
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
`hat the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Resolution No. 92-128 was duly and regularly introduced,
passed and adopted at a regular meeting of the City Council
held on the 2nd day of November, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
�_-OUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
'nary E. Wynn, City Clerk
1101.df
NEGATIVE DECLARATION
CITY OF TUSTIN
300 CENTENNIAL WAY, TUSTIN, CA. 92680
Project Title: Code Amendment 92-007 File No.
Project Location: City of Tustin
Project Description: Amend various commercial and industrial zoning distri
related to off-site alcoholic beverage sales establishments.
Project Proponent: City of Tustin, Community Development Department
Contact Person: Daniel Fox, Senior PLannklephone: 714-544-8890 Ext' 258
The Community Development Department has conducted an initial study for the
above project in accordance with the City of Tustin's procedures regarding
implementation of the California Environmental Quality Act, and on the basis of
that study hereby find:
That there is no substantial evidence that the project may have a
si gni f -i cant effect on the environment.
aThat potential significant affects were identified, but revisions have
been included in the project plans and agreed to by the applicant that
would avoid or mitigate the affects to a point where clearly no
significant effects would occur. Said revisions are attached to and
hereby made a part of this Negative Declaration.
Therefore, the preparation of an Environmental Impact Report is not required.
The initial study which provides the basis for this determination is on
file at the Community Development Department, City of Tustin. The public
is invited to comment on the appropriateness of this Negative Declaration
during the review period, which begins with the public notice of a
Negative Declaration and extends for seven calendar days. Upon review by
the Community Development Director, this review period may be extended if
deemed necessary.
REVIEW PERIOD ENDS 4:30 p.m. on Septembe —4 1992
DATED: 0-91q2
ommunity De elopment Director
is
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
I. Background
1. Name of Proponent CITY OF TUSTIN, COMMUNITY DEVELOPMENT DEPARTMENT
M -SAF
2. Address and Phone Number of Proponent
15222 Del Amo Avenue
Tustin, CA 92680 714-544-8890, ext 250
3. Date of Checklist Submitted September 10, 1992
4. Agency Requiring Checklist . City of Tustin
5. Name of Proposal, if applicable CA 92-007
Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
Yes
Maybe No
1. Earth. Will the proposal result in:
a.
Unstable earth conditions or in
changes in geologic substructures?
b.
Disruptions, displacements, compaction
or overcovering of the soil?
C.
Change in topography or ground surface
relief features?
d.
The destruction, covering or
modification of any unique geologic
or physical features?
�(
e.
Any increase in wind or water erosion
of soils, either on or off the site?
f.
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any ban, inlet or
lake?
Yes Maybe No
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
2. Air.
Will the proposal result in:
a.
Substantial air emission or
deterioration of ambient air quality?
b.
The creation of objectionable odors?
C.
Alteration of air movement, moisture,
or temperatures, or any change in
climate, either locally or regionally?
3. Water. Will the proposal result in:
a.
Changes in currents, or the course
of direction of water movements,
/
in either marine or fresh water?
�(
b.
Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
C.
Alterations to the course or flow
of flood waters?
d.
Change in the amount of surface
water in any water body?
._.
e.
Discharge into surface waters,
or in anv alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity-?
f..4
Alteration of the direction or rate
,
of f 1 ow of ground waters?
g.
Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
h.
Substantial reduction in the amount of
water otherwise available for public
water supplies?
4.
5.
CE
7.
Yes Maybe No
i.
Exposure of people or property to
water related hazards such as flooding
tidal waves?
or
Plant
Life. Will the proposal result in:
a.
Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants) ?
b.
Reduction of the numbers of any unique,
rare or endangered species of plants?
C.
Introduction of new species of plants
into an.area, or in a barrier to the
normal replenishment of existing
species?
d.
Reduction in acreage of any
agricultural crop?
Animal
Life. Will the proposal result in:
a.
Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
b.
Reduction of the numbers of any unique,
rare or endangered species of animals?
.
C.
Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
d.
Deterioration to existing fish or
wildlife habitat. . _
Noise. Will the proposal result in:
Increases in existing noise levels?
-`a.
b.
Exposure of people to severe noise
levels?
--
Light and Glare. Will the proposal produce
new
light or glare?
S.
M
10.
May
12.
13.
Yes Maybe No
Land Use. Will the proposal result in
a substantial alteration of the present
land area?
or planned use of an
Natural Resources. Will the proposal
result in:
a. Increase in the rate of use of any
natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
Risk of Upset. Will the proposal involve:
a. A risk of An explosion or the release
of hazardous substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident
or upset conditions?
..
b. Possible interference with an
emergency response plan or an
emergency evacuation plan?
,L
Population. Will the proposal alter
the location, distribution, density, or
growth rate of the human population of
an area?
Housing. Will the proposal affect
existing housing, or create a demand
for housing?
additional
Transportation/Circulation. Will the
proposal result in:
a. Generation of substantial additional
movement?
,
vehicular
_
b. Effects on existing parking facilities,
or demand for new parking?
C. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns of
circulation or movement of people
and/or goods?
14.
15.
16.
Yes Maybe No
e.
Alterations to waterborne, rail or
air traffic?
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public services. Will the proposal have
an
effect upon, or result in a need for new
or
altered governmental services in any of
the following areas:
a.
Fire protection?
b.
Police protection?
C.
Schools?
d.
Parks or other recreational facilities?
e.
Maintenance of public facilities,
including roads?
f.
Other governmental services?
Energy. Will the proposal result in:
a.
Use of substantial amounts of fuel or
energy?
b.
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
a.
Power or natural gas? _
b.
Comrunications systems? _ _
C.
Water?
X
d.
Sewer or septic tanks?
-X—
e.
Storm water drainage?
f.
Solid waste and disposal?
Yes Maybe No
17. Human Health. Will the proposal
result in:
a. Creation of any health hazard or
potential health hazard (excluding
mental health)?
b. Exposure of people to potential
health hazards?
18. Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City?
19. Aesthetics. Will the proposal result in
the obstruction 'of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to public view? —
20. Recreation. Will the proposal result in an
impact upon the quality or quantity of
existing recreational opportunities?
21. Cultural Resources
a. Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
b. Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
C. Does the proposal have the potential
to cause a physical change which
would affect. unique ethnic cultural
values?
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
FAIN
-X--
0
FA -
An,
An,
-X-
Yes Maybe No
22. Mandatory Findings of Significance.
a. Does the project have the potential to
degrade the quality of the environment
substantially reduce the habitat of a
fish or wildlife species,.cause a fish or
wildlife population to drop below self
sustaining levels, threaten to eliminate
a plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
b. Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-
term impact on the environment is one
which occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future). .�
C. Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly? _)L
III. Discussion of Environmental Evaluation
ISI. De�e.rmination
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a
significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have
a significant effect on the environment, there will
not be a significant effect in this case because the
mitigation.measure described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION WILL
BE PREPARED
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required.
�, 1992
Date -' Signature
PART III - DISCUSSION OF ENVIRONMENTAL EVALUATION
EXHIBIT A
INITIAL STUDY RESPONSES
FOR
CODE AMENDMENT 92-007
BACKGROUND
The proposed project would amend various sections within the
commercial and industrial districts of the City of Tustin Zoning
Code to: 1) authorize, as a permitted use, off-site alcoholic
beverage sales located in a building with at least 15,000 square
feet and where the alcoholic beverage sales area within the
building occupies no more than 10 percent of the gross floor area;
and 2-) authorize, subject to the approval of a conditional use
permit, off-site alcoholic beverage sales located in a building
with less than 15,000 square feet or where the alcoholic beverage
shales area within the building occupies more than 10 percent of
the gross floor area, subject to certain distance requirement
between specified land uses. Current provisions of the zoning code
require approval of a conditional use permit for all off-site
alcoholic beverage sales establishment with certain distance
requirements between specified land uses. The amendments would
apply to all commercial and industrial districts. In all cases,
specific proposals to establish such uses would be subject to the
provision of the California Environmental Quality Act and would be
reviewed against the specific merits of that project.
The proposed change in permitted and conditionally permitted uses
of the commercial and industrial districts will require the
adoption of an Ordinance containing findings that changes to the
off-site alcoholic beverage sales requirements would not be
detrimental to the health, safety, morals, comfort and general
welfare of persons residing or working in the neighborhood or the
general welfare of the City.
1. EARTH
Items A, B, C. D, E. F and G - "No": The code amendment will
not result in changes to existing earth conditions, topography
or ground features. The amendment is for a change of land use
regulations only; no development is associated with the
proposal.
Sources: Proposed Amendment
City of Tustin Municipal Code
Mitigation/Monitoring Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 92-007
October 12, 1992
Page 2
2. AIR
Items A, B and C - "No": Based on review of AQMD standards
for preparing Environmental Impact Reports, this project will
not result in any degradation to the existing air quality.
The amendment is for a change of land use regulations only; no
development is associated with the proposal.
Sources: Proposed Amendment
City of Tustin Municipal Code
AQMD Standards
Mitigation/Monitorinq_Required: None required.
3. WATER
Items A through I - "No": The proposed code amendment would
not result in any changes to existing water conditions. The
amendment is for a change of land use regulations only; no
development is associated with the proposal.
Sources: Proposed Amendment
City of Tustin Municipal Code
Mitigation/Monitoring Required: None required.
4. PLANT LIFE
Items A, B, C and D - "No": The proposed code amendment would
not result in any changes to existing plant life. The
amendment is for a change of land use regulations only; no
development is associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
5. ANIMAL LIFE
Items A through D - "Maybe": The proposed code amendment
would not result in any changes to existing animal life. The
amendment is for a change of land use regulations only; no
development is associated with the proposal.
Exhibit A - Initial Study Responses
Code Amendment 92-007
October 12, 1992
Page 3
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
6. NOISE
Items A and B - "No": The proposed code amendment would not
result in any changes to existing noise levels. The amendment
is for a change of land use regulations only; no development
is associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
7. LIGHT AND GLARE
"No": The proposed code amendment would not result in any
changes to existing noise levels. The amendment is for a
change of land use regulations only;, no development is
associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Recruired: None required.
8. LAND USE
"No": The proposal will not result in a substantial
alteration of present or planned land uses. Off-site
alcoholic beverage sales establishment are currently
authorized in the commercial and industrial districts, subject
to approval of a conditional use permit. Specific distance
requirements which need to be met are as follows:
100 feet from any residentially zoned or used property;
300 feet from any other existing off-site sales
establishment; and
600 feet from any church, public or private school,
playground, or hospital.
The amendment would not alter these distance requirements.
Exhibit A - Initial Study Responses
Code Amendment 92-007
October 12, 1992
Page 4
However, these distance requirements and the requirement for
a conditional use permit is proposed to only be subject to
establishments less than 15,000 square feet or where the
alcoholic beverage sales area within the building occupies
more than 10 percent of the gross floor area rather than all
establishments, regardless of size or percent of floor area
devoted to alcoholic beverage sales. This would accommodate
larger supermarkets and retail stores which typically locate
adjacent to residential neighborhoods and include alcoholic
beverage sales as accessory to the retail sales of the store.
The size requirement of 15,000 square feet is consistent with
the definition of a convenience store as defined by City Code
Section 9297 for a convenience market, which would still be
subject to approval of a conditional use permit.
Sources: Proposed Amendment
Tustin City Code
Field Observations
Mitigation/Monitoring Required: None required.
9. NATURAL RESOURCES
Items A and B - "No": The proposed code amendment would not
result in any changes to natural resources. The amendment is
for a change of land use regulations only; no development is
associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/?Monitoring Required: None required.
10. RISK OF UPSET
Items A and B - 11110": The proposed code amendment would not
increase the risk of upset. The amendment is for a change of
land use regulations only; no development is associated with
the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 92-007
October 12, 1992
Page 5
11. POPULATION
"No": The proposed code amendment would not increase or
decrease the population of the City. The amendment is for a
change of land use regulations only; no development is
associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
12. HOUSING
"No": The proposed code amendment would not create a need for
additional housing. No dwelling units are being eliminated or
proposed in conjunction with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
13. TRANSPORTATIONZCIRCULATION
Items A through F - "No": The proposed code amendment would -
not increase traffic or demand for parking. The amendment is
for a change of land use regulations only; no development is
associated with the proposal. The type of use is already
identified in the City Code and is required to satisfy retail
parking requirements. No change from that presently required
is part of this amendment.
Sources_ Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
14. PUBLIC SERVICES
Items A, through F - "No": The proposed code amendment would
not increase the need for additional public services. The
amendment is for a change of land use regulations only; no
development is associated with the proposal. Fire and police
services are currently in place to service existing commercial
- Exhibit A - Initial Study Responses
Code Amendment 92-007
October 12, 1992
Page 6
and industrial developments; school facilities, parks and
roads will not be affected by the code amendment.
Sources: Proposed Amendment
Tustin City Code
,Mitigation/Monitoring Required: None required.
15. ENERGY
Items A and B - "No": The proposed code amendment would not
increase the need for additional energy. The amendment is for
a change of land use regulations only; no development is
associated with the proposal.
Sources: Proposed Amendment
Tustin City Code -
Mitigation/Monitoring Required: None required.
16. UTILITIES
Items A through F - "No": The proposed code amendment would
not increase the need for additional utilities. The amendment
is for a change of land use regulations only; no development
is associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
MitigationfMonitoring Required: None required.
17. HUMAN HEALTH
Items A and B - "No": The proposed code amendment would not
create new health hazards to these living or working in the
vicinity. The modification to the land use proposed is
similar to currently permitted and conditionally permitted
land uses.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
-- Exhibit A - Initial Study Responses
Code Amendment 92-007
October 12, 1992
Page 7
18.
19.
20.
SOLID WASTE
"No": The proposed code amendment
additional solid waste. The amendment is
use regulations only; no development is
proposal.
Sources: Proposed Amendment
Tustin City Code
MitiaationjMonitorinq Required:
AESTHETICS
would not increase
for a change of land
associated with the
None required.
"No": The proposed code amendment would not impact any scenic
vista or view. The -amendment is for a change of land use
regulations only; no development is associated with the
proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required:
RECREATION
None required.
"No": The proposed code amendment would not- create a need for
additional services or impact existing services. mre
amendment is for a change of land use regulations only; no
development is associated with the proposal.
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required:
21. CULTURAL RESOURCES
None required.
Items A through D - "No": The proposed code amendment would
not result in the alteration or destruction of archaeological
sites and historic buildings, or cause a physical change which
will affect cultural values. The amendment is for a change of
land use regulations only; no development is associated with
the proposal.
Exhibit A - Initial Study Responses
Code Amendment 92-007
October 12, 1992
Page 8
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitoring Required: None required.
22. MANDATORY FINDINGS OF SIGNIFICANCE
Items A through d - "No": The proposed code amendment would
not result in the degradation of the environment. There is no
potential to achieve short-term, to the disadvantage of long-
term, environmental goals. There are no cumulative impacts
and there would be no adverse effect to human beings for the
reasons stated above. The amendment is for a change of land
use regulations only; no development is associated with the
proposal.
Sources: As Previously Stated
MitigationfMonitoring Required: None required.
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