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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: . 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) · · 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 · 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 ; : TO TUSTIN COI~ r 'LOP P002/022 · . TO:- : · . FROMI DATE:i/ · 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.' -. 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 ! · 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: · : "Refrigerated single-serving al.c~holic beverage containers shall be located so that they_ are not easily accessible to theft · 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. : ! :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: ; ,. i Honorable Mayor and Members of the City Council City oflTustin October 27, 1995 Page 3 · 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 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. -6 10 11 12 13 14 15 16 17 18 19 20 21 22 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. 23 24 25 26 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMEBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk 27 28 1 ORDINANCE NO. 1161 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1161 Page 3 , 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~24 25 26 27 28 Ordinance No. 1161 Page 4 C . 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. 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 10 11 12 13 14 15 16 17 18¸ 19 20 21 22 23 24 25 26 27 28 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 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 10 1! 12 13 15 16 17 18 19 20 21 22 23 24 25 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