HomeMy WebLinkAbout04 CODE AMEND 95-003 11-20-95NO. 4
11-20-95
DATE:
NOVEMBER 20, 1995
Inter-Corn
TO: WILLIAM A. 'HUSTON, CITY MANAGER
FROM:' COMMUNITY DEVELOPMENT DEPARTMENT
SUBJEOT: CODE'AMENDMENT 95-003 (CITY OF' TUSTIN)
RECOMMENDATION
_
Pleasure of. the City Council.
FISCAL IMPACT
The Code Amendment is a City initiated project. The project will
have no fiscal impact to the City.
BACKGROUND
In. the fall of 1994, the Planning Commission requested that staff
agendize a discussion on the City's current Alcoholic Beverage
Control (ABC) regulations and guidelines. On February 27, 1995,
City staff presented a number of options to the Planning Commission
regarding changes to minimum distance requirements; computation'of
distance separations; and policy guidelines for on-site and off-
site alcoholic beVerage sales establishments. After consideration
of a number of options, the Planning Commission direCted staff to
prepare a Zoning Ordinance which would include changes to the
existing provisions of the Tustin City Code and changes' to the
alcoholic beverage sales policy guidelines.
A-redrafted Ordinance was presented to the Planning Commission on
July 10, 1995. Based on. the City Attorney's recommendation, the
Commission directed staff to amend certain recommended'distance
separation criteria between'off-site sales and sensitive uses and
off-site and on-site sales.
During the period between mid-July and September, Community
Development Department staff met with industry representatives from
the Grocers Association and Southland Corporation as well as a
Tustin resident who is a former ABC supervisor referred by the
Mayor. Minor changes to the Ordinance were suggested by the
representatives and incorporated into a final draft where feasible.
City Council Rep.orr
Code Amendment 95-003 (City of Tustin)
November 20, 1995
Page 2
On September' 25, 1995, the Planning Commission approved the final
changes .to the· Ordinance and recommended that the City Council
__~_~i~;~_ad0Pt. Code Amendment 95-003.~ ¥...~
'A public hearing notice, 'identifying the time, date and lOcation of
the public hearing for the proposal, was published in the Tustin
News, and posted at. the Community Development Department public
counter and'Police Department. Since this.project is Citywide and
affects over 1000'parcels, no notices were required to be mailed in
accordance with.State law.
DISCUSSION
Following the Planning Commission's action on Code Amendment 95-
003, Councilman Doyle expressed concerns to the City Council on the
appliCation· of the proposed distance regulations and guideline
conditions contained in the draft Ordinance. The City Attorney was
requested to provide a written determination of the draft ordinance
addressing the issues presented by Councilman Doyle prior to the
Council's action on the ordinance.
In response 'the City Attorney has prepared-a memorandum, attached
as Exhibit A, which provides several alternatives to'the City
Council. Those alternatives include:
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1. · Adoption of an~°rdinance which would remove all distance
criteria as a pre-condition for obtaining a conditional use
permit and decide each project on a case by case basis.
The City's present ordinance establishes minimum distance regulations between off-site
-alcohol'sales establishments'and residential, church, school, .hospital and playground
uses and other off-site, alcohol sales. Any requests that do not meet the distance
regulation, s ~tre prohibited from applying for a conditional use permit. Alternative 1
would retain the conditional use permit process and Planning Commission review of all
alcohol sales/service applications and would permit any application to be considered by
the Planning Commission regardless of the uses proximity to sensitive uses or other
alcohol sales/service uses..
City Council Report
Code Amendment 95-003
November 20, 1995
Page 3
(City of Tustin)
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Make no changes 'to the City's present Ordinance.
The City'spresent ordinance does not contain provisions to control distances.between on-
site sales establishments suCh as bars, taverns and cocktail lounges~ The present
ordinance also ~requires all restaurant establishments which sell or~' serve alcoholic
beverages to comply with distance separation regulations for a conditional use permit
application. The proposed ordinance would exempt restaurants from distance separation
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regulatiOns. -'
Adopt the Ordinance. recommended by the Planning commission.
Code Amendment 95'003 establishes new minimum distance regulations and distance
measurement criteria for on-site and off-site alcoholic beverage sales establishment and
expands the listing of "sensitive protected uses" in all commercial and industrial zoning
districts where alcoholic beverage sales are presently conditionally permitted. The
proposed Ordinance does not prohibit the use and place any other restrictions on th~ use
other than providing a greater distance separation between alcoholic beverage sales'
establishments and existing alcoholic beverage sales establishments and "sensitive' or
"protected" uses.
The proposed Ordinance distance restrictions are summarized below:
Off-site sales establishments shall be located a minimum
distance of:
300 feet from any residentially zoned or used property;
· 500 feet from other existing off-site sales
establishments;
· 600 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital, health
care facility or convalesCent homes.
· 600 feet from 'existing on site sales establishmentS,
except restaurant establishments.'
On-site sales establishments shall be located a minimum distance
of:
1000 feet from residentially zoned or used property;
1000 feet from any other existing on-site, except for
restaurant establishments, or off-site sales
establishments
1000 feet from any churCh, place of worship, public or
private school, park, playground, clinic,.hospital,
health care facility of convalescent homes.
City Council Report
Code Amendment 95-003 (City of Tustin)
November 20, 1995
Page 4
Any requests which do not meet the minimum distance regulations are prohibited from
applying for a Conditional Use Permit, Restaurant establishments which sell and serve
alcoholic beverages that con~ly with City regulations and obtain a Conditional Use
Permit would not be subject to the distance separations of this Ordinance.
4. Adopt an Ordinance that.~.increases the number of feet from
sensitive uses, as proposed by the. Planning Commission'; keep.
existing distance requirements from other off-site sales
establishments; delete the distance requirements from on-site
sales establishments (bars). This would theoretically allow
more locations for small off-site establishments than the
Ordinance proposed by the Planning Commission.
The City Attorney Alternative 4 recommendation would change the proposed ordinance
as follows:
Off-site sales establishments shall be located a minimum
distance of:
300 feet from any residentially zoned or used property;
300 feet from other existing off-site sales
establishments;
600 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital, health
care facility or convalescent homes.
.
On-§ire sales establishments shall be located a minimum distance
of:
1000 feet from residentially zoned or used property;
1000 feet from any other existing on-site, except for
restaurant establishments, or off-site sales
establishments
1000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
health care facility of convalescent homes.
Revise the Alcoholic Beverage Sales Policy Guidelines to
provide for more flexible language which would allow for a
number of options to achieve a condition of the CUP. The
option implemented to comply with the condition would be the~
choice of the on-site/off-site sales operator.
The present alcoholic beverage sales policy guidelines have not been amended since their
adoption by the Planning Commission in 1987. As part of their consideration of Code
city cOuncil Report
Code Amendment 95- 003
November 20, 1995
Page 5
(City of Tustin)
Amendment 95-003, the Planning Commission expanded the guidelines to include certain
operational standards, such as; cleaning of premises daily, modification of public
telePhones on the premises to restrict incoming calls, prohibition of drive-up and walk-up
window sales, restriction of signage for establishment 'selling gasoline and alcohol and
certain alcohol display and location restrictions.
The Department of Alcoholic Beverage Control (ABc) also in~oses conditions on ABC
licenses. Like Tustin's guideline conditions, ABC conditions are also discretionary, the
selection of Conditions to be imposed varies with the nature of the business and the
alcohol-sales being regulated. The proposed Planning Commission policy guidelines
duplicate the ABC conditions for.cleaning of premises (ABC C-34); modification or
prohibition of public phones (ABC C-49); prohibition of window sales (ABC C-69 & C-
74), prohibition of exterior advertising of alcoholic beverages (ABC C-47). The example
cited by the City Attorney in her memo regarding location of single-serving containers
was developed by staff using examples from other ordinances, the ABC does nOt have
conditions which regulate display/location to this detail.'
CONCLUSION
It is recommended that: (1) the City Council approve Code
Amendment 95-003 and have first reading and introduction of
Ordinance· No. 1161 or (2) Provide direction to staff regarding
any revisions to Code Amendment 95-003 ahd refer the matter back to
the Planning Commission for review. ~.
Assistant Director
Community Development Department
Christin~ Shi~leton
Assistant Cit~zManager
RW: br: kbm\ca95 - 003. rw
Attachments:
Planning Commission Resolution No.
Initial'Study/Negative Declaration
Resolution No. 95-94
Ordinance No. 1161
3365
EXHIBIT A
.CITY ATTORNEY RESPONSE
I0-27-9~ OZ'O3PM I~ROM ROURK? 9DRUFI:, SPRA
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TO TUSTIN COI~ r 'LOP
P002/022
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TO:- :
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FROMI
DATE:i/
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RE:
MEMORANDUM
Honorable Mayor and Members of the City Councii
City of Tustin ~
City Afforney '
October 27, 1995
Regulating Alcoholic Beverage Sale Establishments
i
_,_S__U_MMARY OF ISSUE: ·
iCoUncilmember Doyle had concerns about the ordinance recommended by the
Planning Commission that would impose'more strict distance criteria for.alcoholic beverage
sales ~stabllsluments. Councilmember Doyle was also concerned about regulations that
control certain details of such businesses like the location of refrigerated beverage
contaiders. This regulation is found in the guidelines for CUP conditions adopted by the
Plannihg Commission. since 1984,. the City has imposed some distance standards for off-
site' alboholic beveragesales- Under the City's regulations,: the establishment must be
located a certain number of. feet away from certain types of sensitive uses in order to apply
for a conditiOnal use permit (CUP). These regulations do not apply to large grocery stores.
They primarily affect liquor stores or convenience stores that sells liquor. The plannin, g
Commission proposes more strict distande'crlteda, that would narrow the available sites
'c: ~- for liqdor stores or convenience stores selling liquor, and would' impose distance criteria' for
bars. '-One of the concerns of the Planning Commission is preventing the Over
- conce,ntratiort of liquor establishments. There are studies showing that 'the over
': ' conCet~tmtion of liquor outlets, Can have secondary blighting effects such as exacerbating
Crime in an area. The issue presented by Councilmember Doyle to the City Council is:
VVI3at Is th" a'"~rr~'"iate v. mv for tl3e Ci to r ulate sucl't, a Ii_..._ e.n..ts? Councilm~mber
Doyle supports an ~ _CUP by_CUP b~sis without distance
criteria.' as a pre-<=ondition- He also sUpports moro generic CUP conditions that would give
a stor~, owner a goal rather than a prescription.'
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i ' O
RE.COMMENDATI _N_: Pleasure of the City Council
I
!Some ol~ ti3e Ordinance options for.the City Council.are:
:1. Adopt an ordinance to remove all distance criteria as a' pre. condition for
obtair~ing a CUP, and decide each project on a case by case basis.
:
.,
Honorable Mayor and Members of the City Council
City oflTustin
October 27, 1995
Page 2
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2.
Keep the City's Ordinance the way it is. (.~..e.~ Attachment "1")
3. Adopt the Ordinance recommended by the Planning Commission.
Attachment "2")
(S_e_e_
· :4. Adopt an Ordinance that increases the number of feet from sensitive uses,
as proposed by the Planning Commission; keep existing distance requirements from'other
off-sit6 sales establishments; delete the distance requirements from on-site sales
establishments (bars). This would theoretically allow more locations for small off-site
establi:Shments than the Ordinance proposed by the Planning Commission.
:
In addition, as to the Planning Commission's Guidelines for CUP conditions,
the City Council may wish to recommend to the Commission that they consider revising the
conditions in question. For example, the condition of concern to Councilmember Doyle
could I~e revised as follows:
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"Refrigerated single-serving al.c~holic beverage containers
shall be located so that they_ are not easily accessible to theft
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to minors :n an ""~'~ ,.,.~: ,. ,,..m ;,,,., , ,~+ ..~ ,~. m.~.. ,,,... / ~ O)
Ul twl.mrlv~7~=~=.[ lII~llq~IIl~I~l.IVt I ul i1% i iv~..l~.~ .i i~i41 i %~11 1~ i
lr~,.~'~.,~'L 11%,.~111 kl I~,~ ~.~VI11k Ut or-419--al i~,~1 ~ Ililrl 11111~,411F'~,,i 11¥1,.~ ~..,~j I~=~,=~1. IIVIll
%i iI~,· v&'l~rl v ~i~i I[! li~l
DISGIjISSION:
I
'Other cities: like Tustin, have minimum distance requirements as a precondition to
a CUP ap'plioation for certain liquor establishments. Such preconditions have not been
tested:in tile courts, but they are based on the reasonable premise that alcoholic beverage
sales establishment can create blighting secondary effects in the surrounding community,
and that the concentration of such uses only worsens such effe~$. Not all cities use
minirn~rn distance, requirements. Some decide on a CUP by CUP basis whether to
approve an ~lcoholicbever~ge $~le~ e~tabli~hment Some require all such e~ablishment$,
includ!ng restaurants, to obtain a CUP. The proposed Tustin ordinance will impose more
stri~ ~iistance pre-CUP conditions on certain types of off-sale establishments, i,e. small
liquor:stores or convenience stores selling liquor. The. proposed ordinance will impose
distan~;e pre-CUP requirements for on-site sales, i.e. bars.
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:The City Attorney's concern, as previously conveyed to the Planning Commission,
was tfiat the disiance r~quir~.ments could overly restri¢[ or 61iminate sites for small liquor
stor~s:, convenience stores, or bars. Upon the Deputy City Attorney:s recommendation one
F RO}~l EObRIE,
TO TUSTIII C0},11,{ I?
O? ?004/022
02' 027Y:
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i
Honorable Mayor and Members of the City Council
City oflTustin
October 27, 1995
Page 3
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of the l~roposed distance requirements was reduX. Prior to Planning Commission action,
the Ptanning staff met with representatives Of 7-11 who felt comfortable that the
requirements would not overly restrict their ability to locate in the City. Nevertheless,
because this manner of regulation has not been tested in the courts, making the distance
requirements more stringent could expose the City to litigation. Controlling such uses on
., a CUP by CUP basis is an established, acceptable manner of regulation that has been
blessed by the courts. The minimal distance regulations, the City has had in place for.
several years have not been challenged. The proposed ordinance, takes the City into
unchartered..w, aters. This may or may not be an acceptable risk for the City Council.
CC:
iWllllam A. Huston, City Manager
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RESOLUTION NO. 95-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL
NEGATIVE DECLARATION AS ADEQUATE FOR CODE
AMENDMENT 95-003 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 95-003
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.
Ce
Whereby, the Planning Commission and 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 Planning Commission and 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.approval authority over Code
Amendment 95-003 has received and considered the
information contained in the Negative Declaration,
prior to approval of the proposed project, and
found that it adeqUately discussed the
environmental effects of the proposed project. On
the basis of the initial study and comments
received during the public review process, the City
Council has found that, the proposed project would
not have a significant effect on the environment.
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Resolution No. 95-94
Page 2
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 16th day of
October, 1995.
JIM POTTS
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ~TUSTIN. )
SS
CERTIFICATION FOR RESOLUTION NO. 95-94
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 5; that the
above and foregoing Resolution No. 95-94 was duly and
regularly introduced, passed and adopted at a regular
meet of the Tustin City Council, held of the 16th day of
October, 1995.
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COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMEBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
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1 ORDINANCE NO. 1161
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2 AN ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFOR/~IA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL
3 AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN 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
follows:
a.
B.
C.
D.
E.
as
The Zoning Code was adopted to identify specific land
uses and standards of development to occur within certain
.Zoning Districts; and
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.
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.
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 1. 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/e~it 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
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 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,
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
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 d~stances between on-site sales establishments
and another off-site or' on-site sales establishment
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Ordinance No. 1161
Page 3
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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 squarelfeet 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 .
1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
establishments.'
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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.
Subsection 9234c(10) 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 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 establi'shments
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 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 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, hospit.al,
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.
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 .
Subsection 9242b(g) is amended to read as foll'ows:
"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 thegross
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
PLANNING COMMISSION
RESOLUTION NO. 3365
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RESOLUTION NO. 3365
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF CODE AMENDMENT 95-0.03 AMENDING SPECIFIC
SECTIONS OF THE COMMERCIAL' AND INDUSTRIAL DISTRICTS
RELATED TO DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC
BEVERAGE SALES ESTABLISHMENTS
The Planning Commission of the City of Tustin does hereby resolve
as follows:
I. The Planning Commission finds and determines as follows:
ae
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.
C.
On-site sales 'establishments, excluding bonafide eating
establishments, are not adequately regulated by the
Zoning Code for minimum distances between similar
establishments and certain land uses.
D o.
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.
The amendment is consistent with the City of Tustin
General Plan Land Use Element goal to assure a safe,
healthy and aesthetically pleasing community.
II. The Planning Commission hereby recommends to the City Council
approval of Code Amendment 95-003, amending specific sections
of the Commercial and Industrial Districts of'the Tustin City
Code ?elated to distance separation regulations for alcoholic
beverage~sales establishments as shown and attached hereto as
Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin
at a regular meeting held on the 25th day of September, 1995.
· BARBARA REYES ~
28 [ Recording Secretary
Chairpei~on
1
Resolution No. 3365
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, herebY certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3365 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,
held on the 25th day of Septemberl 1995.
BJ~,.B~RE~
Recording Secretary
INITIAL STUDY/
NEGATIVE DECLARATION
PART III - DISCUSSION OF ENVIRONMENTAL EVALUATION
EXHIBIT A
INITIAL STUDY RESPONSES
FOR
CODE AMENDMENT 95-003
BACKGROUND
The proposed project would amend various sections within the
commercial and industrial districts of the' City of Tustin Zoning
Code to: establish minimum distance regulations and distance
measurement criteria for on-site and off-site alcoholic beverage
sales establishments in all commercial and industrial zoning
distriCts where alcoholic beverage .sales are presently
conditionally permitted. The amendment would not prohibit the use
or place any other restrictions on the use other than providing a
greater distance separation between alcoholic beverage sales
eStablishments and existing alcoholic beverage sales establishment
and "sensitive" or "protected" uses, such as residentially
zoned/used properties and churches, places of worship, private and
public schools, parks, playgrounds, clinics, hospitals, health care
facilities or convalescent homes. 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 conditionally permitted uses of the
commercial and industrial districts will require the adoption of an
Ordinance containing findings that changes to the off-site and on-
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
Mitiqa[ion/Monitorinc Required- None required.
Exhibit A - Initial Study Responses
Code Amendment 95-003
August 28, 1995
Page 2
2. AIR
·
·
.
~tems 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 broposal.
Sources: Proposed Amendment
City of Tustin Municipal Code
AQMD Standards
Mitigation/Monitorinq Required: None required.
WATER
Items A throuqh I - "No": The proposed code amendment woul'd
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/Monitorinq Required: Nonerequired.
PLANT LIFE
Items ~, 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 :-
Mitiqation/Monitorinq Required: None required.
ANIMAL LIFE
Items A through D - "No": 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 95-003
August 28, 1995
Page 3
Sources: Proposed Amendment
Tustin City Code
Mitigation/Monitorinq Required: None required.
6. NOISE
e
~
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.
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
Mitiqat~ion/Monitoring Required: None required.
LAND USE
"No": The proposal will not result in. a substantial
alteration of present or planned land uses. Off-site and on-
site alcoholic beverage sales establishment are currently
authorized in the commercial and industrial districtS, subject
to approval of a conditional use permit. This amendment would
alter the specific distance requirements which need to be met
are as follows:
Off-site sales establishments shall be located a minimum
distance of:
300 feet from any residentially zoned or used
property;
-
Exhibit A - Initial Study Responses
Code Amendment 95-003
August 28, 1995
Page 4
500 feet from other existing off-site sales
establishments;
600 feet from existing On-sit.e sales
establishments, except bonafide eating
establishments; and
600 feet from any church, place of worship, public
or private school, park, playground, clinic,
hospital, health care facility or convalescent
homes.
On-site sales establishments shall be located a minimum
distance of:
1000 feet from residentially zoned or used
property;
1000 feet from any other existing on-site or off-
site sales establishments, except bonafide eating
establishments;'
1000 feet from any church, place of worship, public
or private school, park, playground, clinic,
.hospital, health .care facility or convalescent
homes.
This amendment would establish minimum distance regulations
and distance measurement criteria ~for on-site and off-site
alcoholic beverage sales establishments in all commercial, and
industrial zoning districts where alcoholic beverage sales are
presently conditionally permitted. The amendment does not
prohibit the use and place any other restrictions on the use
other than providing a greater distance separation between
alcoholic beverage sales establishments and existing alcoholic
beverage sales establishments and "sensitive" or "protected"
uses, such as residentially zoned/used properties and
churches, places of worship, private and public schools,
parks, playgrounds, clinics, hospitals, health care facilities
or convalescent homes.
Sources: Proposed Amen~dment
Tustin City Code
Field Observations
Mitiqation/Monitorinq Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 95-003
August 28, 1995
Page 5
·
10.
11.
12.
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/M°nitorinq Required: None required.
RISK OF UPSET
Items A and B - "No": 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
Mitiqation/Monitorinq Required: None required.
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/Monitorinq Required: None required.
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
Mitiqation/Monitorinq Required' None required.
Exhibit A - Initial Study Responses
Code Amendment 95-003
August 28, 1995
Page 6
13. TRANSPORTATION/CIRCULATION
Items A throuqh 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 Parking standards that
are presently required is part of this amendment.
Sources: Proposed-Amendment
Tustin City Code
Mitiqation/Monit°rinq Required: None required.
14. PUBLIC SERVICES
Items A, throuqh 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
and industrial developments; school facilities, parks and
roads will not be affected by the code amendment.
Sources: Proposed Amendment
Tustin City Code
Miti~ation/Monitorinq. 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
Mitiqation/Monitorinq Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 95-003
August 28, 1995
Page 7
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
Mitiqation/Monitoring Required: None required.
17. HUMAN HEALTH
Items A and B - "No": The proposed code amendment would not
create new health hazards to those 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
Mitiqation/Monitorinq Required: None required.
18. SOLID WASTE
"No": - The proposed code amendment would not .increase
additional solid waste. The amendment is for a change of land
use regulations only; no development is associated with the
proposal.
Sources: Proposed Amendment
Tustin City Code
Mitiqation/Monitorinq Required: None required.
Exhibit A - Initial Study Responses
Code Amendment 95-003
August 28, 1995
Page 8
19. AESTHETICS
"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
Mitiqation/Monitorinq Required: ~one required.
20. RECREATION
"No": The proposed code amendment would not create a need for
additional services or impact existing, services. The
amendment is for a change of land use regulations only; no
deVelopment is associated with the proposal.
Sources: ProposedAmendment
Tustin City Code
Mitiqation/Monitorinq Required: None' required.
21. CULTURAL RESOURCES
Items A throuqh D - "No": The proposed code 'amendment would
not result in the alteration or destruction of archaeological
site~ 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.
Sources: Proposed Amendment
Tustin City Code
Mitiqation/Monitorinq Required: None required.
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin. CA 92680
(714) 573-3105
NEGATIVE DECLARATION
Project lStle: CODE AMENDMENT 95-003
Pr~ectLocation: CITY OF TUSTIN
Pr~ect Description: Amend various commercial and industrial zoning districts related
to off-site alcoholic beverage sales establishments.
Pr~ectProponent: City of Tustin, Community Development Department
Lead Agency Contact Person: Rita Westfield
Telephone: (714) 573-3109
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 finds:
That there is no substantial evidence that the project may have a significant effect on the
environment.
That potential significant effects were identified, but revisions have been included in the project
plans and agreed to by the applicant that would avoid or mitigate the effects to a point where
clearly no significant effects would occur. Said Mitigation Measures are included in
Attachment A of the Initial Study which is attached hereto and incorporated herein.
Therefore, the preparation of an Environmental Impact Report is not required.
The Initial Study which provides the basis for this determination is attached and 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 Negative Declaration and extends for twenty (20) calendar days. Upon review by the
Community Development Director, .t. his review period 'may be extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON
Date -,~- ''~ ?-
NEGDEC. PM5
3704.A
SEPTEMBER 13, 1995
Christine A. S(3iifgleto
Community Dcix/elopment Director
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92680
(714,) 573-3105
INITIAL STUDY
I. BACKGROUND
Name of Proponent CITY OF TUSTIN, COMMUNITY DEVELOPMENT DEPARTMENT
Address and Phone Number of Proponent
300 CENTENNIAL WAY
TUSTIN, CA 92680 (714) 573-3109
Date Check List Submitted · JULY 11, 1995
Agency Requiring Check List CITY OF TUSTIN
Nmne of Proposal, if applicable CODE AMENDMENT 95-003
ENVIRONMENTAL IMPACTS
1. Earth. Will the proposal result in:
a. Unstable eaUh conditions or in changes in geologic substructures?
b. Disruptions, displacements, compaction or overcovering of the soil?
.._
c. Change ;.n topography or ground surface relief features'?
d.
e.
The destruction, covering or modification of any unique geologic or
physical features?
·
Any increase in wind or water erosion of soils, either on or off the site?
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 bay, inlet or lake?
YES
MAYBE
NO
g. Exposure of people or property to geologic hazards such as
earthquakes, landslides, mud slides, 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.. W'fll 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 any alteration of surface water
quality, including but not limited to temperature, dissolved oxygen or
turbidity?
f. Alteration of the direction or rate of flow 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?
i. Exposure of people or property to water related hazards such as
flooding or tidal waves?
Plant Life. Will the proposal result in:
ao
b.
Change in the diversity of species, or number of any species of plants
(including trees, shrubs, grass, crops, and aquatic plants)?
Reduction of the numbers of any unique, rare or endangered species of
plants?
YES
MAYBE
NO
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?
5. Animal Life. Will the proposal result in:
ao
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?
YES
-1-1
MAYBE
NO
Co
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?
6. Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new light or glare?
8.- Land Use. Will the proposal result in a substantial alteration of the present
or planned land use of an area?
.
Natural Resources. Will the proposal result in:
a. Increase in thee rate or use of any natural resources?
b. Substantial depletion of any nonrenewable natural resource?
10. Risk of. Upset. Will the proposal involve:
.o
·
a.
A risk of an explosion or the rel~se 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?
11. Population. Will the proposal alter the location, distribution, density, or
growth rate of the human population of an area?
12. Housing. Will the proposal affect existing housing, or create a demand for
additional housing?
13. Transportation/Circulation. Will the proposal result in:
a. Generation of substantial additional vehicular movement?
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?
e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians?
!4. 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?
5. Energy. Will the proPcsal 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?
YES
MAYBE
VI
il
NO
16. Utilities. Will the proposal result in a need for new systems, or substantial
..... alterations to the following utilities'
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage? ..
f. Solid waste and disposal?
17. Human Health. Will the proposal result in: '
a. Creation of any health hazard or potential health ha?~ard (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. W-ill 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. Will the proposal result in:
a. The alteration' of or the destruction of a prehistoric or historic
archaeological site?
b. Adverse-physical or aesthetic effects to a prehistoric or historic
building, structure, or object?
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?
YES
L_I
MAYBE
NO
YES MAYBE NO
:2. Mandatory Findings of Significance.
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
i i
prehistory?
or
bo
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).
Does the project have impacts which are individually limited, but
cumulatively considerable? (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.)
do
Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
DISCUSSION OF ENVIRONMENTAL EVALUATION
SEE ATTACHMENT A
IV. DETERMINATION
C__ ,ne 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 measures described in Attachment A attached hereto 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.
Signature ~~. ~
Name (Print) RITA WESTFIELD
Title
ASSISTANT DIRECTOR
Ih ~JD.PM5
3702A