HomeMy WebLinkAbout14 ALCOHOLIC BEV SALES 12-04-95NO. 14
12-4-95
ATE:
DECEMBER 4, 1995
Inter-Com
TO'
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1161, ALCOHOLIC. BEVERAGE SALES
RECOMMENDATION.:
Have second reading by title only and adoption of Ordinance No, 1161
(roll call vote).
BACKGROUND:
The following Ordinance No. 1161 was introduced at the November 20,
1995 City Council meeting:
ORDINANCE NO. 1161 - 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
DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC BEVERAGE SALES
ESTABLISHMENTS (C.A. 95-003)
Valerie Crabill
Chief Deputy City Clerk
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ORDINANCE NO. 1161
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 DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC
BEVERAGE SALES ESTABLISHMENTS (C.A.95-003).
The City Council of the City of Tustin finds and determines as
follows:
no
The Zoning Code was ad~pted to identify specific land
uses and standards of development to occur within certain
Zoning Districts; and
B .
The amendment is in the best interest of the public
health, safety and welfare in that it will establish
greater minimum distance requirements between certain
land uses and on-site and off-site alcoholic beverage
sales establishments.
On-site sales establishments, excluding restaurant
establishments, are not adequately regulated by the
Zoning Code for minimum distances between similar
establishments and certain land uses.
Do
It has been determined that the current regulations are
inadequate for calculating distance separations between
on-site and off-site alcohol beverage sales
establishments and certain land uses.
S o
The amendment is consistent with the General Plan'in that
-it will not negatively impact the orderly growth and
development of the commercial or industrial districts of
the City.
NOW, THEREFORE, the City Council~ of the City of Tustin DOES
HEREBY ORDAIN as follows:
Section t. The following provisions are hereby adopted as
interim regulations for alcoholic beverage sales establishments:
A. Subsection 9232b (p) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales loCated in a building and
Permitted business with less than 15,000 square feet of gross
floor area, and permitted businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
minimum distance regulations:
(1) 300 feet from any residentially zoned or used property.
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Ordinance No. 1161
Page 2
500 feet from any other existing off-site sales
establishment.
600 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
600 feet from existing on-site sales establishments,
except restaurant establishments.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals,, health care facilities
and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses, whether
inside or outside the City boundaries.
(3) Minimum distances between off-site 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
structura% walls of each use.
On-site alcoholic beverage sales establishments except
for restaurant establishments subject to the following
minimum distance regulations:.
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any Other existing on-site except for
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school; park, playground, clinic, hospital,
healthcare facility or convalescent home.
(2) Minimum distances between on-smte sale establishments
except for restaurant establishments and~ residentially
zoned or used property, 'churches, places of worship,
public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes
shall be computed by .measuring the distance from the
closest exterior wall of the off-site establishment to
the property line of any of the above uses, whether
inside or outside the City boundaries.
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
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Ordinance No. 1161
Page 3
B .
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.
Subsection 9233c(v) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
floor area and permitted businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
minimum distance regulations:
(1) 300 feet from any 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.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
distance from- the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment,
except 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.
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Ordinance No. 1161
Page 4
C o
1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between on-site sale'establishments
except restaurant establishments and; residentially zoned
.or used property, churches, places of worship, public or
private schools, parks, playgrounds, clinics, hospitals,
'health care facilities and convalescent homes shall be
computed by measuring the distance from the closest
exterior wall of the off-site establishment to the
property line o'f any of the above uses whether inside or
Outside the city boundaries.
(3) .Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
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.
Subsection 9234c(10) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site aicoholic 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 of regulations:
(1) 300 feet from any residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
600 feet from existing on-site sales establiShments,
except restaurant establishments.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
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Ordinance No. 1161
Page 5
and convalescent homes shall.be computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment
except 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 ~lcoholic ' beverage sales establishments except
restaurant establishments subject to the following minimum
distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum .distances between on-site sale establishments
except restaurant establishments and; residentially zoned
or used property, churches, places of worship, public'or
private schools, parks, playgrounds, clinics, hospitals,
health care facilities and convalescent homes shall be
computed by measuring the distance from the closest
exterior wall of the off-site establishment to the
property line of any of the above uses whether inside or
outside the city boundaries.
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
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.
D o
Subsection 9235c(dd) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
floor area, and permitted businesses with more than 15,000
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Ordinance No. 1161
Page 6
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 of regulations-
(1) 300 feet from any residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship~ public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
600 feet from existing on-site sales establishments,
except restaurant establishments.
(2) ~Minimum distances between off-site sale establishments.
and; residentially ~Oned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment
except 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.
1,000. feet from any other existing on-site except
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
'private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between, on-site sale establishments
except 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
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Ordinance No. 1161
Page 7
closest exterior wall 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 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.
E o
Subsection 9242b(g) is amended to read as follows:
"Alcoholic beverage sales establishments subject to the
following criteria:
Off-site alcoholic beverage sales located in a building and
permitted business with less.than 15,000 square feet of gross
floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross
floor area, subject to the following minimum distance
regulations:
(1) 300 feet from any residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from' any church, ~place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
600 feet from existing on-site sales establishments,
except restaurant establishments.
(2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
distanCe from the closest entry/exit provided for
public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
or outside the city boundaries.
(3) Minimum distances between off-site 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.
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Ordinance No. 1161
Page 8
On-site alcoholic beverage sales establishments except
restaurant establishments subject to the following minimum
distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
establishments.
1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments
except restaurant establishments and; residentially zoned
or used property, churches, places of worship, public or
private schools, parks, playgrounds, clinics, hospitals,
health care facilities and convalescent homes shall be
computed by measuring the distance from the closest
exterior wall of the off-site establishment to the
property line of any of the above uses.
(3) 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.
PASSED AND ADOPTED at a regular meeting of the City Council of-the
City of Tustin held on the day of , 1995.
JIM POTTS
Mayor
PAMELA STOKER
City Clerk