HomeMy WebLinkAboutPublic Hearing #1 6-01-87PUBLIC HEARING
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
COI~NITY OEVELOPMENT DEPARTMENT
APPEAL ON DENIAL OF USE PERMIT 87-6
APPLICANT:
LOCATION:
REQUEST:
TRI-STATE ENGINEERING ON BEHALF OF THE EXXON CORPORATION
14082 RED HILL AVENUE AT NISSON ROAD
AUTHORIZATION FOR AN ALCOHOLIC BEVERAGE SALES LICENSE FOR OFF
SITE CONSUMPTION (BEER AND WINE ONLY) IN CONdUNCTION WITH A GAS
STATION AND MINI-MARKET USE
REC01~I£NDED ACTION:
It is recommended that the City Council uphold the. Planning Commission denial of
Use Permit 87-6 by the adoption of Resolution No. 87-60.
SUMMARY:
On April 20, 1987 the Planning Commission denied Use Permit 87-6 for an off-site
beer and wine sales license in conjunction with a gas station and mini market
use. The subject application was denied for two reasons, (1) non-conformance to
the recently adopted distance requirements for off-site sales establishments
(Zoning Ordinance Amendment 87-1) and (2) the subject property is located within
1;000 feet of four (4) other off-site sales establishments thereby creating an
overconcentratlon of outlets in the area. A copy of the corresponding staff
report transmitted to the Planning Commission on this matter is attached for
further cl ari fi cati on.
ANALYSIS:
The City Council adopted Zoning Ordinance Amendment No. 87-1 establishing
distance criteria to be used in authorizing off-site sales outlets. While a
Conditional Use Permit application would not have been accepted if a site did
not meet the minimum di.stance requirements, the subject application was filed
prior to the adoption of the ordinance. Distance requirements and their
compliance with the subject site are summarized as follows:
, J
Clty Councll Report
June 1, 1987
Use Permtt 87-6
Page two
Dt stance Requirements
600 feet from churches, ~chools or hospitals
300 feet from other off-stte sales outlets
Dt stance Proposed
mtnlmum 1,200 feet
133 feet (measured
door-to-door)
100 feet from residential
130 feet (measured
door- to-door)
As noted above, the project site does not meet the 300 foot distance requirement
between off-site sales outlets. In addttlon to not meetlng this requirement,
the subject project ts located wtthtn 1,000 feet from four (4) other of-site
outlets whtch tnclude:
.
Bustness
Ctrcle K convenience store
01stance Away*
133 feet
2. Starer Brothers Market
620 feet
3. Arco AM/PM Mtn1 Market 708 feet
4. L & M Ltquor Store 840 feet
* These distances are measured from door-to-door.
CO#CLUSZONS:
The subject st te ts not tn conformance wtth the 300 foot dtstance between
outlets as requtred tn the recently adopted Zontng Ordinance Amendment.
addition, tt ts evident that an overconcentratlon of outlets ts In the area.
For these reasons, staff recommends that the Ctty Council uphold the Planning
Commission dectston to deny the subject application by the adoptton of
Resolution No. 87-60.
Associate P~,a~ner
CAS 'pef
Christi ne .Shing]eton
Director of Communi ty~vel opmen t
Attachments: April 13, 1987 Planning Commission Report
Letter from Parents Who Care
Letter of Appeal
Resolution No. 87-60
Planning Commission
DATE:
SUBJECT:
APPLICANT:
ONNER:
LOCATION:
APRIL 13, 1987
USE PERJqIT NO. 87-6
HR. GARY GANTRY
TRI STATE ENGINEERING
P 0 BOX 4214
FULLERTON, CA. 92634
EXXON CORPORATION
P 0 BOX 4415
HOUSTON, TX. 77210-4415
14082 RED HILL AVENUE
ZONING:
C-1: RETAIL COIqlqERCIAL
ENVIROk'I,~NTAL
STATUS:
REQUEST:
CATEGORICALLY EXEHPT, CLASS
AUTHORIZATION FOR AN OFF-SITE BEER AND WINE SALES LICENSE IN
CONJUNCTION WITH A GAS STATION AND MINI MARKET USE.
RECOIqqENDED ACTION:
It ts recommended that the Planning Commission de~y Use Permit 87-6 by the
adoption of Resolution No. 2400.
BACKGROUND AND S~RY:
On October 13, 1986 the Planning Commission approved a Conditional Use Permit
authorizing demolition and reconstruction of an existing Exxon gas station at
Red Hill and Mitchell Avenues. This project, as proposed at that time conformed
with all zoning requirements; no request to sell alcoholic beverages was made in
conjunction with this aplication.
The applicant, Mr. Gentry, is now requesting authorization to sell beer and wine
for off-site consumption. Based upon the recently approved policy guidelines
and the proposed Zoning Ordinance Amendment for alcoholic beverage sales
esta~lisments, staff recommends denial of this application.
Community Development Department
Planning Commtsion Report
April i3, 1987
· Use Permit 87-6
Page two
ANALYSIS'
The recently adopted policy guidelines for reviewing Conditional Use Permit
applications for alcoholic beverage sales establishments requires a minimum
distance of 300 feet between off-site sales outlets. The subject project would
be 133 feet away from an existing Circle K outlet which has an off-site
alcoholic beverage sales license. This distance requirement was established to
avoid overconcentration of outlets within a particular area. In addition to the
subject site being 133 feet from an existing outlet, the project is located
within lO00 feet from four (4) other off-site outlets. Therefore, an
overconcentration of outlets is evident in the area.
On the basis of the previously approved criteria and the issue of
overconcentration of outlets within the area, staff recommends denial of this
appl ica ti on.
LCP'pef
Attachments: Resolution No. 2400
Site Plan
Floor Plan
!
t
! I
I t
I I
1
2
3
4
5
6
7
8
9
10
11
1
14
15
1¢
17
18
10
21
22
23
2~
25
2¢
27
28
RESOLUTION NO. 2400
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF .TUSTIN, DENYING AN APPLICATION OF EXXON
CORPORATION REQUESTING AUTHORIZATION FOR OFF-SITE
· ALCOHOLIC BEVERAGE SALES AT 14082 RED HILL AVENUE
·
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows:
I. The Planning Commission finds and determines as follows:
A. That a proper appl.tcatton, (Use Permit No. 87-6) has been filed
on behalf of Exxon Corporation requesting authorization for
off-site alcoholic beverage sales at 14082 Red Hill Avenue·
B. That a public hearing was duly called, noticed and held on said
application.
C. This project is categorically exempt from the reauirements of
the California Environmental Quality Act (Class 1).
O. That establishment, maintenance, and operation of the use
will be detrimental to the health, safety, morals, comfort, or
general welfare of the persons residing or working in the
neighborhood of such proposed use, evidenced by the following
findings:'
1. The use applied for is not in conformance with the cri.teria
proposed, as approved by the Planning Commission on March
23, 1987, Zoning Ordinance Amendment (No. 87-1) which
requires a minimum 'distance of 300 feet between off-site
sales outlets.
2. The proposed location is also within 1000 feet of four
existing off-site sales establishments and therefore poses
an overconcentratton of off-site sales outlets with the
area.
E. That the establishment, maintenance, and operation of the use
applied for will be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, and to
the general welfare of the City of Tustin, and should not be
granted.
A
PA'S S ED AND AOO~T]~J)at a r~g.ular.mgeting of the T u_st][n Planning' J~)mmisssion,
held on the /_~ay of~,~r '' ' 1987. ,~~ 5~ --~~" ..~,, ,
~_t · Charles E. Puckett, Chairman
Penni Foley
Recording Secretary ~'
TUSTIN
P.O BOX 318e
TUSTiN. CA e26el
April 8, 1987
Planning Commission
City of Tustin
300 centennial Way
Tustin, CA 92680
Dear Members of the Planning Commission:
It has come to our attention that application has been made
by Exxon for the inclusion of a mini-mart with the intention
to sell alcoholic beverages at their location at 14082 Red
H~.ll Ave. As you know, PARENTS W~iO CARE stands strongly
against the combined sales of alcohol and gasoline. There is
a growing consensus in our state to ban the combined sales,
aud we feel that the City of Tustin can take the positive
step to deny this request on behalf of the health and welfare
of our community.
Thank you for your consideration of this matter.
EDR/mm
cc: Tri-State Engineering
Exxon Fullerton
P. O. Box 4214
Fullerton, CA~92634
Sincerely,
.., .. .... ,/:
Ethel D. Reyn0~ds,
Co-founder
April 20, 1987
To The Honorable City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Attention: Ms. Laura Cay Pickup
Reference: APPEAL TO PLANNING COMMISSION DECISION
DENYING USE PERMIT APPLICATION
NO. 87-6, REQUEST FOR ALCOHOLIC BEVERAGE
SALES (BEER & WINE) FOR OFF-SITE CONSUMPTION
AT 14082 RED HILL AVENUE, TUSTIN.
Gentlemen:
On behalf of EXXON, U.S.A. we respectfully appeal the decision of the planning
commission of April 13, 1987, denying the above referenced application.
We feel it is extremely unfair, and certainly stymies competition, when one business
is deseriminated against simply because others have already been permitted the same
opportunity in an area. Additionally, we would suggest that the selling of beer and
wine in "convenience stores" within the cashier areas of gasolene service stations such
as ours, is far ~less onerous than many of the "straight out" liquor, or convenience
stores with blatent advertising of the product (and some with video games, etc.) that
promote loitering. .
Exxon is very concerned about its image, and would never promote, or condone the
improper or excessive consumption of alcoholic beverages. We are as concerned as
anyone about the problems it causes and have set our own strict guidelines, some of
which are more restrictive than many laws permit. They are as follows:
.
e
We never allow the sale of beer and wine at the pump islands.
We do not permit any neon signs advertising that alcohol is for sale, and
thus our stations have a very low [~rofile insofar as the appearance of a
place to purchase alco~'olie be~erages is concerned.
The coolers containing such beverages are locked during any hours when
such sales are prohibited by law or ordinance.
continued ....
701 South Raymond Avenue, Suite No. 5. P.O. BOX 4214, Fullerton, Cal~f,,rnia 92631.5232-(714)
Honorable City Council
City of Tustin
April 20, 1987
page 2
e
e
.
®
We prohibit the sale of beer in barrels of lee, or by the individual can
or bottle. '
We require our cashiers to be of legal age to sell alcoholic beverages.
We prohibit the gathering of people (loitering) in and around the sales
area and no video games, nor any other devices that might proinote
loitering are permitted.
We forbid the consumption of alcohol anywhere on the property.
We require our cashiers to cheek the identification of all individuals who
appear to be 25 years of age or younger.
Every transaction involving beer and wine is video taped and these tapes
are retained for a period of 30 days.
We enforce these guidelines on every station we have that sells such products, and we
make them a part of every lease agreement we make.
We respectfully submit that selective restrictions against service stations having such
sales is not only counter productive to the promotion of competition, but it is unlikely
to have any desired effect on the problem of alcohol abuse or the appearance of
"oversaturation" of liquor sales in a particular area. The reason for the latter is, as
mentioned above, with low profile exterior advertising of such products our stations
do not give the appearance of a liquor store, nor even of a "convenience store." Our
main product is petroleum, and that is what shows to the public.
Respectfully submitted for EXXON, U.S.A.
by TRI STATE ENGINEERING COMPANY
Ronald H. Baker, Vice President
1
2
'3
4
5
6
8
9
10~
11
1
14
15
16
17
18
2O
21
22
23
2~
25'
27
28
RESOLUTION NO. 87-60
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S
DENIAL OF USE PERMIT 87-6 FOR AN OFF-SITE BEER
AND WINE SALES LICENSE AT 14082 RED HILL AVENUE
The City Council of the City Of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A.
That a proper application (Use Permit 87-6) has been filed by
Tri-State Engineering on behalf of Exxon Corporation requesting
authorization for an off-site beer and wine sales license at
14082 Red Hill Avenue.
Be
That a public hearing was duly called, noticed and held by the
Planning Commission of the City of Tustin on April 13, 1987 on
said appl i cati on.
Ce
The Planning Commission denied Use Permit No. 87-6 by the
adoption of Resolution No. 2400 which denied the authorization
for an off-site beer and wine sales license at 14082 Red Hill
Avenue based upon the following findings:
Ze
The use applied for is not in conformance with the criteria
proposed, as approved by the Planning Commission on March
23, 1987, Zoning Ordinance Amendment (No. 87-1) which
requires a minimum distance of 300 feet between off-site ·
sales outlets.
.
The proposed location is also within 1,000 feet of four (4)
existing off-site sales establishments and therefore poses
an overconcentration of off-site sales outlets within the
area.
De
That on April 20, 1987 the applicant filed an appeal of the
Planning Commission denial of Use Permit 87-6 to the Tustin City
Counci 1.
E.
A public hearing before the City Council was duly called,
noticed, and heard on said appeal.
II.
The City Council hereby upholds the Planning Commission denial of Use
Permit 86-6 based upon the findings:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24~
25
27~
28
Resolution No. 87-60
Page two
®
The use applied for is not in conformance with the criteria
proposed, as approved by the Planning Commission on March
23, 1987, Zoning Ordinance Amendment (No 87-1) approved by
the City Council on May 4, 1987 which requires a minimum
distance of 300 feet between off-site sales outlets.
The proposed location is also within 1,000 feet of four (4)
existing off-site sales establishments and therefore poses
an overconcentration of off-site sales outlets within the
area.
That the establishment, maintenance, and operation of the
use applied for will be injurious or detrimental to the
property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City of
Tustin, and should not be granted.
PASSED AND ADOPTED by the City Council of the City of Tust~n, California on
the day of , 1987.
Richard B. Edgar
Mayor
Mary £. Wynn
City Clerk