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HomeMy WebLinkAboutCC Pub. Hearing #1 4-20-87 ZoniTO: 15ROM: SUBJECT: · HONORABLE MAYOR AND ,MEMBERS OF THE CITY COUNCIL COMMUNI~ DEVELOPMENT DEPARTMENT ZONING ORDINANCE AMENDMENT NO. 87-1: REGULATIONS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES LICENSES ANO CONVENIENCE MARKETS RECOI~IENDED ACTION M.O. It is recommended that Ordinance No. 981 have its first reading by title only. M.0. It is recommended that Ordinance No. 981 be introduced. BACKGROUND AND ANALYSIS On .January 26, 1987 the City ~ouncil directed staff to prepare proper code amendments, resolutions and ordinances to codify and adopt regulations for alcoholic beverage sales establishments. These items were prepared and presented to the Planning Commission on March Nth and 23rd, 1987. The corresponding' staff reports and adopted resolutions are attached for review. On March 23, 198~ the Planning Commission adopted Resolution No. 2395 which recommended approval of Zoning Ordinance Amendment No. 87-1. Policy guidelines for reviewing liquor license applications were also adopted by Planning Commission Resolution No. 2396. As recommended by the Planning Commission, Zoning 0rdinance Amendment 87-1 would establish distance requirements for off-site alcoholic beverage sales establishments and require a Conditional Use Permit for convenience markets. Each of these proposed requirements is discussed separately as follows: 1. DISTANCE REQUIREMENTS Three (3) distance requirements for regulations of off-Site sales establishments are recommended. While a Conditional Use Permit will continue to be required for off-site and on-site alcoholic sales establ i shments, Condi ti onal Use Permit appl i cations for off-si te establishments will not be accepted unless the following distance criteria are met: Off-site sales establishments must be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishments. - 600 feet from any church, public or private school, playground or hospital. City Council Report April 20, 1987 Zontng Ordinance Amendment No. 87-1 Page two · The proposed Amendment would establish these mtntmum distances in the C-1, C-2, C-G, PM and M zones of the Zoning Ordinance. Distance requirements are not proposed' for the MJxed Use and General Commercial Zones.tn the East Tusttn Area. This ts due to the layout of the East Tustln Speclftc Plan Zoning Distrtct which has three commercial sttes. As designated in the East Tustin Plan, these commercial zones meet or exceed the dtstance requirements proposed in the Zoning Ordinance Amendment. Therefore the East Tusttn Area would not be affected. CONVENIENCE STORES ii Zoning Ordinance Amendment 87-1 also proposes to require a Conditional Use Permit for convenience stores which would be defined as follows' "'Convenience Store' means any establishment under 15,000 square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for off-site use and/or consumption." This would create requirements for all similar uses without discriminating against alcoholic beverage sales outlets. All new convenience markets under 15,000 square feet in size would be conditionally permitted uses in all commercial districts of the Zoning Code regardless of whether alcoholi c beverages were sol d. CONCLUSIONS The proposed distance requirements will discourage overconcentration of off-site alcoholic beverage sales outlets within a particular area. Overconcentration of outlets can create problems related to crime, sales to minors and excessive advertising due to increased 'competition between the outlets. Since in more recent legal actions, discrimination between alcoholic and non-alcoholic products is being questioned seriously. A Conditional Use Permit should be required of all similar uses such as liquor stores and convenience markets. Community Development Department City Council Report April 20, 1987 Zonlng Ordinance Amendment No. 87-1 Page three Staff has worked closely with Parents Who Care, the City Attorney's Office ~nd the Planning Commission. Zoning Ordinance Amendment 87-1 addresses the legal, land use and social issues of all those participants'who assisted in drafting the proposed amendments. Staff therefore, recommends approval of Zoning Ordinance Amendment No. 87-1. L~u~a" Ca~ Pfckud'" Associate Planner LCP-pef Attachments' March 9, 1987 Staff Report March 23, Staff Report Ordinance No. 981 Christine Shinglel~on // Director of Communitjf.~Development Community Development Department Report to the Planning Commission DATE: MARCH 9, 1987 SUB,1ECT: ITEM 4 ZONING ORDINANCE AHENOHENT NO. 87-1: CONDITIONS OF APROVAL FOR ALCOHOLIC BEVERAGE SALES ESTABLISHNENTS RECOI~ENDATION: It is recommended that the Planning Commission instruct staff to schedule a public hearing for Zoning Code Amendment No. 87-1. SUlelARY: On January 26, 1987 the City Council directed staff to prepare proper code amendments, resolutions and ordinances to '"codify and adopt regulations for alcoholic beverage sales establishments. This report includes background and analysis of the proposed Zoning Code Amendment. Staff is forwarding this information at this time for comments and is requesting authorization to schedule the matter for a future public hearin.g. BACKGROUND: On September 29, 1986 the City Council and Planning Commission conducted a joint session. This session included a presentation by Parents Who Care regarding regulation of alcoholic beverage sales establishments. Parents Who Care had requested Tustin to consider placing more stringent regulations and' review procedures on alcoholic beverage establishments. They were concerned that the current Use Permit process was not effective in proper regulation of location hours of operation, and the character of the sales establishments. As a result of this session, the Planning Commission and City Council directed Community Development staff to prepare recommendations. Appropriately, the Community Development Depar. tment has conducted a detail.ed analysis of state and local regular.ions, surveyed local jurisdictions on their current requirements, and collected numerous studies and reports regarding alcoholic beverage control. Based on this information recommendations have been tailored to meet the needs within the City of Tustin. Community Development Department Plan'ning Commission Report Zoning 0rdlnance Amendment 87-1 page two ANALYSIS OF CURRENT CONDITIONS: Number of extstlng alcoholic beverage sales establishments The Ctty o't: Tustln contains 117 alcoholic beverage sales establishments. These establishments can generally be grouped into t~o (2) categories. Totals' On-site Consumptl on 47 (beer and wine) 22 (general 11quor) 69 0ff-stte Consumption 24 (beer and wine) 24 (general 1 i quor) 48. Of the off-site licenses, only five (5) licenses are in conjunction with gasol.ine sales with locations as shown on Exhibit A. Exhibits B and C show the locations of all on-site and off-site alcoholic beverage sales establlshments within the City. As evidenced by theseexhibits, the concentration of sales establishments is found along Newport Avenue. Exhibit D is an analysis of alcoholic beverage licenses. This chart shows the total number of licenses for the County of Orange, Tustin, Santa Aha, Orange and Irvine. Although the licenses per 1000 population rates seem higher for Tustin {i.e. off-site general, on-site general-public place and overall ratio of licenses per 1000 population) the population used to determine these figures does not include Tustin's sphere of influence. If this area was included, population ratios for. Tustin would be reduced by 60%. ® Current City Re~)ulations Tustin currently requires a CUP for all new alcoholic beverage sales establishnentsL Standard conditions of approval are as follows- On-site sales in conjunction with a restaurant use ° All alcoholic beverages shall be consumed on site. ° Authorization for on-site sales of beer and wine/liquor sales is contingent upon the use of the subject site remaining a restaurant. At such time the restaurant use is discontinued- the use permit becomes null and vol d. ° All persons serving alcoholic beverages must be eighteen years of age or older and supervised by someone twenty-one years of age or older. ° Hours of operation are limited to the hours of a.m. to p.m. (hours are identified. 'depending on' the type of operation) Food must be served during these hours. ° The menu of the restaurant shall consist of foods that are prepared on 'the premises. ° Options: - No outdoor seating is allowed at this location. - No 'bar' type seating is all6wed. Community Development Department mi Pl anning Commi ssi on Report Zoning Ordinance Amendment 87-1 page three e Off-site sales license (beer and wine/1 or) ° Authorization for ~ff-site sales of beer and win iquor is contingent upon the use at the subject site remaining as (specific use' is 'identified here) Should this use change or be ili~-c'ontinued, authorizations for this use permit is null .and void. · ° All persons selling alcoholic beverages shall be eighteen' years of age or older and shall be supervised by someone t~enty-one years of age or older at all times. ' ° Hours of operation are limited to the hours of to (hours are identified depending on the type of operation). ° Options: - "No Loitering" signs shall be posted at the entrance of the business or other specified location(s). - No video games are allowed at this location. The above conditions are enforceable by the City. Should any violation of these conditions occur, the City of Tustin retains the right to hold a public hearing to consider revocation of an approved CUP. Analysis of regulatory activities in California' Many cities in the Southern California area have passed ordinances regulating the location and number of alcoholic sales outlets. One of the cities that appears in the forefront of regulation is the City of Compton · which has established a 'cap' on the total number of licenses for liquor stores and 'bars'. · Staff have also conducted a survey of 23 Orange County cities. The survey found that most cities are concerned with on-site sales of liquor, beer or wine. Seven {7) of the 23 cities surveyed, did not require CUPs merely relying on ABC regulations and ~nforcement. The results of the survey are as fol 1 ow s' CUP REQUIRED ON-SITE ONLY ADDITIONAL REGULATIONS Yes 16 7 3 No 7 16 20 Tustin is in relative conformance with nine (9) of the cities surveyed. These cities require a CUP for both on-site and off-site sales. In these cities, however, no other required conditions are part of each city's zoning code. Tustin, as with most other cities, uses land use criteria and distance analysis as a matter of City policy rather than an actual adopted code requirements. ,, The remaining seven (7) cities require a CUP for On-site sales only. These cities are concerned with drinking and driving aspects as opposed to sales to minors. Most cities rely on ABC to enforce the license requirements and all state regulations. Community Development Departrnen~ Pl anni ng Commt ssi on Report Zoning Ordinance Amendment 87-! page four The League of California Cities is currently pursuing amendments to the California Business and Professions Code. These amendments include provisions for California cities to regulate alcoholic beverage sales in conjunction with gasoline sales. At this time, no specific legislation has been passed on this issue. However, there are a number of legal cases that are currently pending on this matter. . '5. Input from Parents Who Care Numerous recommendations hay& been proposed to staff by Parents Who Care. These are attached to and included to this report as Exhibit E. Staff have met with representatives of Parents Who Care and have reviewed each of their recommendations. We have concluded based on background information, survey materials and recommendations of Parents Who Care, that a number of additional zoning code amendments and policy guidelines for alcoholic beverage sales establishments would be appropriate. Unfortunately,'not all of the recommendations made by Parents Who Care are appropriate and the legality of a number of their recommendations is in question. Staff however feels confident that the direction recommended will be enthusiastically supported by Parents Who Care. Recommendations Recommendations are li'sted below. Proposed zoning code amendments a6d recommendations to be addressed by adoption of a resolution establishing guidelines are Included. Proposed-Zoning Code Amendments A. Off-site alcoholic beverage sales shall ~e permitted subject to a CUP provided that the establishment is located a minimum distance from the following facilities:- 1. a minimum of 600 feet from the public schools, play grounds, parks, churches and other 'sensitive' uses (i.e. hospitals, convalescent homes and private schools); 2. a minimum of 100 feet from residentially zoned or used properties; 3. a minimum of 300 feet from another off-site alcoholic beverage sales establishment. B. ConVenience markets shall only be permitted subject to a CUP in the C-1, C-2 and C-G zones. The Code should be amended to define such uses. {A retail store of 15,000 or less square feet in size which sells food items, beverages, and miscellaneous products for use and/or consumption off the premises where sold.) Community Development Department P1 anntng Commisston Report Zoning Ordinance Amendment page fi ve Policy Guidelines for Revie~ of Alcoholic Beverage,. Sales £stablishments In addttion to the conditions currently requtred on alcoholic beverage sales through the CUP process the following guidelines should also be uttllzed in reviewing and conditioning these establishments: A. Gui del t nes for prol t feratt on of al cohol t c beverage sal es establ i s hments: per 2000 persons - on-site general liquor sales per 2500 persons - off-site general liquor sales Th~se population quotas shall be based upon current city population, projected population for the East Tustin area, and projected population totals in portions of the City's sphere of influence f-or which the City is currently processing an annexation request. B. Deiermtne the hours of operation as appropriate for the use proposed and its relation to: 1. Residential areas 2. Arcades 3. Other similar uses 4. Relation to li ye entertainment locati OhS. Ce Determine maximUm floor area devoted to alcoholic beverage sales as necessary for proposed use. O® Require all signage to be limited to non-alcoholic beverage items. · All off-site sales locations should post 'no loitering' signs at the entrance. F. Avoid placement of video games at off-site sales establishments. All recommendations will require preparation of the necessary 'ordinances and · resolutions as approved by' the City Attorney. As proposed, these regulations do not specifically discriminate against alcoholic beverage sales as long as all other similar uses are conditionally permitted uses. The hours of operation for any alcoholic beverage sales establishment may not be differentiated between alcoholic and non-alcoholic products. Therefore, staff considers individual review of each application more appropriate rather than establishing a 'curfew' for all sales. Assistant Pla ~er m LP:do '. m ttach: Exhibits A; B, C, D ,. ,/ CHRISTINE SH INGLETO~, Director' of Community Development Community Development .Department EXHIBIT A d. //, / ,/ "' :':: :. : z! ...... :-:-?- _.:, .:___:. _:j GASOLINE AND ALCOHOL SALES SITES i.. Superstop-395 W. First Street 3. Station Liquor Store-l.6471 Mc ?adden Ave. 2. Skip's Mobil Station-171 E. First Street 4. Southern Counties Oil-lOll E1 Camino Real _J I i I r I I i ,., O~¥-SI~B LIQUOR SALES · --Single Site &--Multiple Site /, CITY OF' TUSTII t EXHIBIT C I ~ I I III 0N-SITE LIQUOR SALES I--Single Site A--Multiple Site EXHIBIT B · · · · · · · · · 0 0 0 0 0 0 ~ · eliminary Draft Alco.~olic Beverage Outlet Guidelines General 1. CUP required for all new alcoholic beverage outlets (abo's). 2. CUP required for change of ownership , -. change in type of op- eration/kind of business; or, if a business is discontinued for a period of two 'months or more, CUP required--all abo's. 3. No abo's wil% be permitted in higher crime areas, as deter- mined and defined 'by the Tustin Police Department (TPD). 4. No abo will be permitted in any location that will detract from residential areas. 5. No abo will be permitted to 'operate if such operations create disturbances in or around the premises. 6. No abo may sell alcoholic beverages to a minor (State law).* 7. Persons making sales of alcoholic beverages (ab) must be at least 21 years old or be under adult supervision of a person located on the premises in the area where sales are made. 8. Off-sale abo's should agree to maintain a special alert for customers who make frequent purchases over an unusually short period of time and to report such purchases to the TPD to help prevent procurement for minors.** 9. Alcohol may not be sold in any abo after 10 pm, except for: 1)- Type 42 and 48 bars already in existence and which close later under State law; 2)restaurants may continue to serve ab's in their, dining area until midnight, but not in any separate bar operation; and 3)places of lodging which have "duplicate" licenses to operate a bar may do so until midnight. 10. Distances a. Sensitive Areas--No abo(on or off-sale) may be located closer than 600 feet from a school, playground, place of worship or other "sensitive" use (as may be defined by the Planning CommisSion or City Council). 'b. Separation of Outlets--No overconcentration of abo's will be permitted, and all must be separated by at least 600 ft. However, if a commercial development has special design ' features which make it desireable to be closer, and the Pl~nn.ing Department determines it reasonable and prudent, separation may be reduced (e.g. a restaurant cluster). · 6b. Signs must be posted clearing explaining no sales to minors. · *8a. Must have signs warning about buying ab's .for others. Bb. Must have signs'warning about no loitering. 8c. Cold beverages must be locked after 10 pm. to prevent"beer runs." -2- 11. Ail on-sale abo's must have a bona fide "designated driver" type program in opera-tion,~a~ties of 2 or more persons to designate one person as the driver and a person who will not be served ab's. These abo's should arrange with the TPD for periodic educational program for ab servers, and the outlets · should have available for sale, breath analyzers to' help pre- vent over-consumption and driving under the influence. 12. The fee associated with CUP's for abo's should cover the additional costs relative to processing this type of permit and to cover other City costs for ensuring conformance to the conditions of the CUP, both initial and subsequent. a. Part of this fee could be in the form of a substantial deposit of $1,000-$5,000, which could be refunded after one year of conforming operation, less any exceptional costs to the City in obtaining conformance.* b. Part of the fee could be directed to the TPD for its educational program for enforcing servers'~ awareness of consumption amounts, signs of intoxication, etc. 13. Abo's must operate so as not to be unusually detrimental to the public health, safety, welfare and tranquility. 14. No category of abo may have a higher ratio of outlets to the City population than the ratios for the County as a whole. ~',~onsideration should be given to charging for Police Department service calls in connection with "distUrbing the peace" reports where alcoholic beverages are involved. PWC/JFM 1/19/87 · -3- Prel iminary Draft Alcoholic Beverage Outlet Guidelines Specific Types of Business 1. Bars--No CUP-will be granted for either type 42 or type 48 bars (no food, no one under 21). These are not cons isten~ with community standards for land use. (health, safety, welfare) 2-. Liquor Stores--No CUP will be issued for liquor stores. Ihese · are not consistent with community standards for land use. a, Existing liquor stores--Should be allowed to sell only ab's and non-drug related items. Do not allow sales of drug paraphernalia, 'dru~ maEazines, clove cigarettes, etc. 3. Motor Vehicle Fuel--No CUP will be ~ranted for any establish- ment which sells motor vehicle fuel. a. Existin~ locations--Should not be allowed to advertise ab's outside or in the windows of the establishment; not allowed to sell cold beer; not allowed to sell single servinE size containers of ab's, i.e. 12-14 oz. or less. 4. Drive-thru's--No CUP will be granted for drive-thru businesses. 5. Convenience Stores--Ab's must be a minor part of the business, as determined by floor space, such that ab's may not occupy more than 1/25th*of total s~les floor space. Print advertising must limit promotion of ab's to 1/25th of' total space. No advert is in~ permitted outside the buildinE or in windows of the establishment itself; may not sell cold beer; and may not sell single servinE size containers of ab's. 6. Grocery/Supermarkets--Ab,s must be a minor part of the busi- ness as determined by floor space, such that ab's may not occupy more than 1/25th of total sales floor space. Print advertising must limit promotion of ab's to 1/25th of total space. No window advertising or outside displays of ab's. No sales of cold beer. Ab's must be located in that 1/2 of the store tha~ is located awa~ from customer entrances and ex it s. 7. Drug Stores--Same requirements as for Supermarkets above. :','Note: Wherever .1/25th appears this could be changed to 5%. 8. Restaurant s*-No separate bar area preferably. If such an area were to be Mranted, it should be no more than 1/10th of total customer floor space and must cease operation by 10~00 pm. As pointed out in the Gene.ral sections, restaur- ants may, however,-continue to serve ab's in their normal dinin$ area until midnight. 9. Lodging--Establishments of this type which plan to operate a restaurant(s) as an integral part of its lodging building and serve ab's, come under the conditions given above for restaurants. Consideration may be given to permitting the operation of one bar/cocktail lounge on premises, with a closing time of midnight. 8a.Restaurant bar areas are not to be to~ally closed off and . separate from the dining area, nor should they be on a sepa- rate level. (A~plications for any such separate areas would be considered as type 48 bars and not as part of the restaurant.) 8b. If the dining area closes or stops serving food, then any bar area should also close. PWC/3FM 1/19/97 ITEM 4 _ ~ Planning Commission DATE: .la. ARCH 23, 1987 SUBJECT: 1. ZONZNG ORDINANCE AME. NDIqENT NO. 87-1: CONDZTZONS OF APPROVAL FOR OFF-SITE ALCOHOLZC BEVERAGE SALES ESTABLISHHENTS. 2. POLZCY GU[DELZNES FOR REYXEH OF ALCOHOLZC BEVERAGE. SALES ESTABLZSHI~.NT APPLZCATXONS RECOI~ENDATZON: 1. It is recommended that the Planning Commission recommend approval of Zontng Ordinance Amendment 87-1 to the Ctty Council by the adoption of Resolution No. 2395. e It is recommended that the Planning Commission approve the proposed policy guldeltnes by the adoption of Resolution No.. 2396. SUI~ARY: On March 9, 1987 a background report on regulation of off-site alcoholic beverage sales establishments was presented to-the Commission. Upon review of this information, the Commission directed staff to advertise a public hearing for consideration of a Zoning Ordinance Amendment which would establish and strengthen requirements for. off-site alcoholic beverage sales establishments and convenience markets. As a part of this project, staff has also prepared a draft resolution containing policy guidelines for reviewing conditional use applications on alcoholic beverage sales establishments. BACKGROUND: On November 19, 1984, the Tustin C. ity Council adopted Ordinance No. 920 which required a Conditional Use Permit for all new on-site or off-site alcoholic beverage sales establ i shments. On September' 29, 1986 in a joint session of the City Council and Planning Commission, Parents Who Care presented information requesting establishment of more restrictive requirements on alcoholic beverage sales. As a result o.f this meeting, the Council and Commission directed the Community Development Department to prepare a report making recommendations regarding alcoholic beverage sales establishment requirements. ~-- .... Community Development Deparx:ment m Planning Commission .Report A1 coholic Beverage Control page ~o m Staff, as previously mentioned, recommends approval of: -('1) Zoning Code Amendments for off-site sales; and {2) a resolution containing policy guidelines for consideration of alcoholic beverage sales establishments. Each of these items are discussed separately below. Zoning Ordinance .Amendment No. 87-1: As proposed, this amendment to the Zoning Code would require a Cbnditional Use Permit for convenience markets as well as maintaining alcoholic beverage sales establishments as conditionally permitted uses. Staff recommends the following definition of a convenience market: "any establishment under 15,000 .square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold 'for off-site use and/or consumption." In addition to establishing convenience stores as conditionally permitted uses, staff also recommends distance requirements for off-site alcoholic beverage sales locations. These distance requirements are proposed as follows' 100 feet from any residentially zoned or used properties. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground, or hospital. These requirements would only apply to CUP applications at new locations. All existing sites are automatically 'grandfathered in' and established as. existing non-conforming uses under the current Municipal Code. A change in use, or alcoholic beverage classification would trigger a requirement for a new CUP. Exhibit A shows all existing off-site sales establishments and their breakdown in number and type.. Policy Guidelines: All Conditional Use Permit applications must be reviewed by the Community Development Department staff and by other affected departments such as the Police., Building, and Fire Departments. Although each department has specific areas of concern within their jurisdiction, Community Development Department staff is recommending the implementation of certain policy guidelines. These guidelines would be used as a basis upon which to review applications and to make sound recommendations to the Planning Commission for approval or denial. The proposed policy guidelines are as follows' Ae Determine the hours of operation as appropriate for the use proposed and its relation, to' 1. Residential areas; 2. Arcades; 3. ~ Other si milar uses; 4. Relation to live entertainment locations. Planning Commission ~eport Alcoholic Beverage Control page three Be Standard conditions of approval for on-site sales in conjunction with a restaurant use (where applicable)- · ° All alcoholic beverages shall be consumed on site. ° Authorization for on-site'sales of beer and wine/liquor sales is contingent upon the use of the subject site remaining a restaurant. At such ti.me the restaurant use is discontinued the use permit becomes null and void. ° All persons serving alcoholic beverages must be eighteen years of age or older and supervised by someone twenty-one years of age or older. ° Hours of operation are limited' to the hours of a.m. to p.m. (hours are identified depending on the type of operation') Food must be served during these hours. ° The menu of the restaurant shall consist of foods that are prepared on the premises. ° Options: - No outdoor seating is all owed at this location. - No 'bar' type seating is allowed. Ce Standard conditions of approval for off-site sales establishments (where applicable)' Authorization for off-site sales of beer and wine/liquor is contingent upon the use at the subject site remaining as · (specific use is identified here) Should this use change or be discontinued, authorization for this use permit is null and void. All persons selling alcoholic beverages shall be eighteen years of age or older and shall be supervised by someone twenty-one years of age or older at all times. Hours of opeation are limited to the hours of to (hours are identified depending on the type of operation). "No Loitering" signs shall be posted at the entrance of the busi'ness or other specific location(s). No video games are allowed at this location. De In order to discourage drinking and driving, signs posted to advertise alcoholic beverage items shall be limited to view only from inside any off-site sales establishment. .E. All mini-markets or convenience stores of less than 20,000 square feet shall limit the floor area devoted to sale, display and storage of alcoholic beverage items to no more than 10~ of the total gross floor area. Each of these guidelines would help staff when reviewing applications for new alcohol sales sites and provide standard conditions of approval. Therefore, each application can be reviewed individually and conditioned based upon 'the circumstances applicable to each request. Planntng Commi ssi on Report Alcoholic Beverage Control page four 'm CONCLUS XON: Should the Planning Commission find that both the Zoning Code Amendment and Policy Guidelines are appropriate, two separate resolutions should be adopted. Resolution 2395, if adopted, would recommend approval of Zoning Ordinance Amendment No. 87-! to the City Council. Secondly, Resolution No. 2346, if adopted, would approve the recommended poll cy guidelines. LP:do attach: Exhibit A Draft Ordl nance Reso 2395 Reso 2396 Development CITY OF EXHIBIT A '"'I OFF-SITE SALES ESTAB- '~" ,' LISHMENTS--ACTIVE LICENSES ~.,'"~'~ AS OF FEBRUARY 20, 1987.* --SINGLE SITE --MULTIPLE SITE *SOURCE: STATE OF CALIFORNIA, DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROl . LICENSE TYPE NO. LICENSE DISCRIPTION . TOTAL LICENSES 20 OFF-SITE, BEER/WINE 24 21 oFF-SITE, GENERAL LIQ. 20 · 44 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 1 22 23 2¢ 27 28 ORDINANCE NO. 981 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 87-1 THEREBY AMENDING SECTIONS 9232 b., 9233 c., 9234 c., 9235 c., 9242 b., and 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVENIENCE STORES AND. ESTABLISHING DISTANCE S~ANDARDS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS. WHEREAS, on , the City Council of the City of Tustin, California, does 'ordain as follows: Section 1: Section 9232 b. is amended to add the following: 9232 b. (u). Convenience stores. Section 2: Section 9232 b (p) is amended as follows: 9232 b (p). Alcohollc beverage sales establishments subject to the following criteria: Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used property. - 300 feet from any other existing off-site sales establishment. - 600 feet from any church, public or private school, playground, or hospital. Section 3: Section 9233 c. is amended to add the following: 9233 c. (aa). Convenience stores. Section 4: Section 9233 c (v) is amended to read as follows: 9233 c. (v) Alcoholic.beverage s~les establishments subject to the fol 1 owl ng cri teri a: Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishment. - 600 feet from any church, public or private school, playground, or hospital. Section 5' Section 9234 c. is amended to add the following' 9234 c (11) Convenience stores. Section 6: Section 9234 c. (10) is amended as follows: 9234 c (10) Alcoholic beverage sales establishments subject to the fol 1 owl ng cri teri a: Off-site sales establishments shall be located a minimum distance of: - lO0.feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2O 21 22 23 2~ 25 2¢ 27 28 Ordinance No. 98'[ page two 600 feet from any church, public or private school, playground or hospital. Section 7' Section 9235 c. is amended to add the following' 9235 c (fl) Convenience stores. Sectton 8: Sectton 9235 c (dd) ts amended as follows' 9235 c. (dd) Alcoholic beverage sales establishments subject to the following criteria- Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sa.les establishment. - 600 feet from any church, public or private school, playground or hospital. Section 9' Section 9242 b. is amended to add the following: 9242 b. (f). Convenience stores. Section 10. Section 9242 b. is amended as follows' 9242 b. (g). Alcoholic beverage sales establishments subject to the following criteria: Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other~ existing off-site sales establ i shments. - 600 feet from any church, public or private school, playground or hospital. Section 11: Section 9272 of the Tustin Municipal Code is amended to add the following definition, integrated in alphabetical order, to read as follows: "'Convenience Store' means any establishment under 15,000 square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for off-site use and/or consumption." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of ,1987. i i · Attes t: RICHARD B. EDGAR Mayor MARY E. WYNN, City Clerk 1 2 3 .4 5 6 ? 8 9 10 11 12 13 14 16 17 18 19 2O '21 22 23 24 25 26 27 2,~ RESOLUTION NO. 2395 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL THAT THE TUSTIN CITY CODE BE AMENDED {ZONING ORDINANCE AMENDMENT 87-1) TO REQUIRE CONDITIONAL USE PERMITS FOR CONVENIENCE MARKETS AND TO ESTABLISH DISTANCE REQUIREMENTS FOR OFF-SITE 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' A. Upon direction of the Planning Commission, a public hearing before the Planning Commission for the purpose of amending the Tustin City Code to require a conditional use permit for convenience markets and to establish distance requirements for off-site alcoholic beverage sales establishments in the (C-1) Retail Commercial, (C-2) Central Commercial, (CG) Commercial General; {PM) Planned Industrial, and (M) Industrial Districts was duly called, noticed and held. B. Off-site alcoholic, beverage sales and convenience markets have the potential to create a threat to public health, safety and · general welfare, in that said uses may result in the following conflicts: 1. Potential noise when adjacent to residential and hosp.ital uses; 2. Loitering when adjacent to church and school uses; 3. Potential increased crime due to intoxication and sales to mi nors. C. A Negative Declaration of Environmental Impact has been applied for in conformance with the California Environmental Quality Act. II. The Planning Commission hereby recommends to the City Council the following amendments to the Tustin City Code by the approval of Zoning Ordinance Amendment 87-1' A. Sections 9232 (b), 9233 (c), 9234 (c), 9235 (c) and 9242 (b) shall be amended to add convenience stores as conditionally permitted uses. B. Section 9297 shall be amended to add the following definition, integrated in'alphabetical order, to read as follows: "'Convenience Store' means any establishment under 15,000 square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for off-site use and/or consumpti on." 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 21 22 23 27 28 Resolution Ho. 2395 page two C. Sections 9232 b(p), 9233 c(v),, 9234 c(10)', 9235 c(dd) and 9242 b(g) shall be a~ended as following criteria' Alcoholic beverage sales establishments subject to the following cri teri a: Off-site sales establishments shall be located a minimum di stance of: - 100 feet. from any residentially zoned or used properties. - 300 feet from · any other exi sting off-si te sal es establ I shment. - 600 feet from any church, public or private school, playground, or hospital. PASSED AND ADOPTED at a regular meeting of th~lanning,Copmission of the City of Tustin held on the tg~ day of ~-~/'/x[~L~.y(.,/ '~ , 1987. ./ / CHARLES E. PUCKETT, Chairman DONNA ORR - Recording Secretary STAT~ OF CALIFORNIA) COUNTY OF ORANG~ ) CITY OF TUSTIN ) $ [, DONNA ORR, the undersigned, hereby cattily that I 'am the ,~ec'ording Secretzr~ of the Planning Commission of the City of Tustin, C, lifornia; that ,esolution ~o. ~.~was duly pasted and a rmgular m~etin~ of the l'ustin ~nnlng Commission. held on the # · OONNA ORR Recording Secreta~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '16 17 18 19 21 2~ 25 27 28 -. RESOLUTION NO. 2396 A R£SOLUTION OF'TH£ PLANNING COMMISSION OF THE C.ITY OF TUSTIN, CALIFORNIA,' ESTABLISHING POLICY GUIDELINES TO BE FOLLOWED IN FOR CONSIDERATION OF ALCOHOLIC BEVERAGE SALES ESTABLISHMENT APPLICATIONS. The Planning Commission of the City of Tusttn does herqby resolve as fol 1 ows: ' I · The Planning Commission finds and determines as follows' That certain gui deltnes shall be considered by Community Development staff and the Planning Commission when considering Conditional Use Permit applications for alcoholic beverage sales establ i shments. Be That certain standard conditions shall be required on on-site alcoholic beverage sales establishments in conjunction with a restaurant use as follows: All alcoholic beverages shall be consumed on site. Authorization for on-site sales of beer and wine/liquor sales is contingent upon the use of the subject site remaining a restaurant. At such time the restaurant use i~ discontinued the use permit becomes null and void. All persons serving alcoholic beverages must be eighteen years of age' or older and supervised by someone twenty-one years of age or older. Supervisor shall be present in same area as point of sale. Hours of operation are limited to the hours of_____ a.m. to p.m. {hours are identified depending on the type of operation) Food must be served during these hours. The menu of the restaurant shall consist of foods that are prepared on the premises. No outdoor seating is allowed at this location. No 'bar' type seating is allowed. There shall be no pool tables or coin operated games on the premises at any time. C · Tha~ certain standard conditions shall be required of off-site sales establishments as follows: Authorization for off site sales of beer and wine/liquor is contingent upon the use at the subject site remaining as · {speCific use l'~ identified here) Should this use change or be discontinued, authorization for this use permit is null and void. All persons selling alcoholic beverages shall be eighteen years of age oP older and shall be supervised by someone twenty-one years of age or older at all times.. Supervisor shall be present in same area as point of sale. Hours of operation are limited to the hours of to _ (hours are identified depending on the type of opera ti on ). 2 4 5 6: 7 8 9! 10 11 12 13 14 15 16 17 '21 22 23 2~ 27 28 Resolution No. 2396 page two "No Loitering" s-tgns shall be posted at the entrance of the business or other specified location(s). No pool tables or coin operated games are allowed at this 1 oca tt on. No alcohollc beverages shall be consumed on any property adjacent to the 11tensed premises under the control of the applicant. Refrigerated single-serving beverage containers shall be located In an enclosed refrlgeratlon unlt no less than ten (lO) feet from the potnt of sale. O. That each Conditional Use Permit application for an alcoholic beverage sales .establishment shall be reviewed, based upon location and type'of such establishment, and consideration of the following guidelines: F. All mini-markets or convenience-stores of less than 15,000 sq. ft. shall limit the floor area devoted to sale, display and storage of alcoholic beverage items, to no more than 10% of the total gross floor area. G. The applicant shall sign and return an Agreement to Conditions Imposed form which states that the applicant agrees to all conditions imposed, the conditions shall be included on the State issued Alcoholic Beverage license, and failure to comply wi th any of the foregoing conditions shall be grounds for suspension or revocation of the license. PASSED AND ADOPTED at a regul0r~ting of /the 'Tustin Planning~Commission, held on the C~,~ day of '~'"//" ld~~~-.~ ~87. ,, // · , , " Chairman A determt nati on that hours of operati on requested are appropriate for the use proposed and consideration given to the proposed use's relation to: 1. Residential areas; 2. Arcades; . 3. Other similar uses; 4. Relation to live entertainment locations. ............ !i Recording. Secretary In order to discourage drinking and driving, signs posted to advertise items shall be limited to cover no more than 25% of the- wi ndow area. ~'TAT~ OF CALIFORNIA) COUNTY .OF ORANGF. ) CITY OF TUSTIN ) DONNA ORR, the undersigned, hereby certify thzt I am the .~e¢ording Secr~.t~ry of ~e Planning Co~is~ion of.t~e Ci~ of Tustin, C~liforniz; ~zt Res=lution No. ~w~s duly pessed and ~doote~ at 0~, · DONNA ORR - Recording Secrmtar~ 1 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 21 ~22 23 24 25 26 27 28 DRAFT ORDINANCE NO. 981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 87-1 THEREBY AMENDING SECTIONS 9232 b., 9233 c., 9234 c., 9235 c., 9242 b., and 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVENIENCE STORES AND ESTABLISHING DISTANCE STANDARDS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS. WHEREAS, on , the City Council of the City of Tusttn, California, does ordain as follows: Section 1: Section 9232 b. is amended to add the following: 9232 b. (u). Convenience stores. Section 2: Section 9232 b (p) is amended as follows: 9232 b (p). Alcoholic beverage sales establishments subject to the fol 1 owl ng cfi teri a: Off-site sales establishments, shall be located a minimum distance of: - 100 feet from any residentially zoned or used property. - 300 feet from any other existing off-site sales establishment. - 600 feet from any church, public or private school, playground, or hospital. Section 3: Section 9233 c. is amended to add the following: 9233 c. (aa). Convenience stores. Section 4: Section 9233 c (v) is amended to read as follows: 9233 c. (v) Alcoholic'.beverage sales establishments subject to the following criteria: Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other extsting off-site sales establishment. - 600 feet from any church~ public or private school, playground, or hospital. Section 5: Section 9234 c: is amended to add the following: 9234 c (11) Convenience stores. Section 6: Section 9234 c. (10) is amended as follows: 9234 c (10) Alcoholic beverage sales establishments subject to the fol 1 owl ng cri teri a: Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishment. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 DRAFT Ordinance NO. 981 page two 600 feet from any church, public or private school, playground or hospital.. Section 7' Section 9235 c. is amended to add the following' 9235 c (ff) Convenience stores. Section 8' Section 9235 c (dd) is amended as follows' 9235 c. (dd) Alcoholic beverage sales establishments subject to the fo11 owl ng cfi teri a' Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or. used properties. - 300 feet from any other existing off-site sales establishment. - 600 feet from any church, public or private school, playground or hospital. Section 9' Section 9242 b. is amended to add the following: 9242 b. (f). Convenience stores. Section 10' Section 9242 b. is amended as follows- 9242 b'. (g). Alcoholic beverage sales establishments subject to the fo] ] owl ng cfi teri a' Off-site sales establishments shall be located a minimum distance of: - 100 feet from any residentially zoned or used properties. - 300 feet from any other existing.off-site sales establishments. - 600 feet from any church, public or private school, playground or hospital. Section 11' Section 9272 of the Tustin Municipal Code is amended to add the following definition, integrated in alphabetical order, to read as follows- "'Convenience Store' means any establishment under 15,000 square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for off-site use and/or consumption." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of ,1987. Attest: RICHARD B. EDGAR Mayor MARY E. WYNN, City Clerk