HomeMy WebLinkAboutPC RES 4360 RESOLUTION NO. 4360
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE CODE
AMENDMENT 2017-003 BY ADOPTING ORDINANCE NO.
1493 RELATING TO ALCOHOLIC BEVERAGE SALES
ESTABLISHMENTS, AND APPROVING AMENDED
PLANNING COMMISSION GUIDELINES FOR ALCOHOLIC
BEVERAGE SALES ESTABLISHMENTS.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. The Zoning Code and existing Planned Community District regulations and
Specific Plans were adopted to regulate land use to protect health safety and
welfare.
B. The Alcoholic Beverage Sales Establishment Guidelines were adopted by the
Planning Commission to provide policies, definitions, findings, and
recommended conditions of approval to promote orderly development and
mitigate impacts . typically associated with alcoholic beverage sales
establishments to protect the public health, safety, and welfare.
C. An amendment to the Alcoholic Beverage Sales Establishment Guidelines
and the Tustin City Code is needed to provide guidance to promote new
trending and evolving businesses, stimulate economic development, provide
orderly development, and protect the public health, welfare and safety by
defining on and off-site sales alcoholic beverage sales establishments,
identifying desirable project characteristics, and setting forth recommended
findings and conditions of approval for discretionary applications for alcoholic
beverage sales establishments.
D. That the City Council and Planning Commission held a joint workshop on
February 21, 2017, to discuss alcoholic beverage sales and consumption
regulations and agreed they are overly restrictive.
E. That the Planning Commission held an alcoholic beverage sales workshop on
September 12, 2017, and provided input for staff concerning proposed
amendments to the Tustin City Code and the Alcoholic Beverage Sales
Establishment Guidelines.
F. That the proposed code amendment would: require Conditional Use Permits for
all new on- and off-site sales establishments (except for off-site alcoholic
beverage sales establishments with an least 10,000 square feet of gross floor
area with less than ten (10) percent of sales area of alcoholic beverages) and
Resolution No. 4360
Page 2
provide a process for issuance and/or revocations of Conditional Use Permits
for sales establishments.
G. That an amendment kto the Planning Commission Guidelines for Alcoholic
Beverages Sales Establishment is necessary to help with the implementation of
the Code Amendment and provide detailed standards conditions of approval.
H. That on March 13, 2018, a public hearing was duly noticed, called, and held on
Code Amendment 2017-003 and the amended Alcoholic Beverage sales
Establishment Guidelines by the Planning Commission.
I. That the proposed amendments to the Tustin City Code and the Alcoholic
Beverage Sales Establishment Guidelines are consistent with the Tustin
General Plan in that they comply with the following goals and policies:
Land Use Element Policy 1.2 to provide for and encourage the development
of neighborhood-serving commercial uses in the area of Tustin presently
underserved by such uses.
Land Use Element Goal 4 to assure a safe, healthy and aesthetically
pleasing community for residents and businesses.
Land Use Element Goal 7 to promote expansion of the City's economic
base and diversification of economic activity.
J. That the proposed amendments to the Tustin City Code and the Alcoholic
Beverage Sales Establishment Guidelines are exempt from environmental
review pursuant to California Environmental Quality Act (CEQA) pursuant to
California Code of Regulations, Title 14, Chapter 3, Section 15060 (c) (2) (the
activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment.
H. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1493, amending Tustin City Code Sections 9232a1.(a), 9241a1.,
9252j3.(c), 9271dd, and 9299(3)(g) relating to alcoholic beverage sales
establishment regulations, attached hereto as Exhibit A.
III. The Planning Commission hereby adopts the amended Alcoholic Beverage
Sales Establishment Guidelines attached hereto as Exhibit B, which shall
become effective only upon subsequent approval of Code Amendment No. 2017-
003 (Ordinance No. 1493) by the City Council.
Resolution No. 4360
Page 3
PASSED AND, ADOPTED, at a regu�lar meeti ng of the, Planning Commission oity of'
Tustin held on the 13th day of March, 21018.
..........
RYbER TODD SMITH
Chairperson
...............
III IM
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA,
COUNTY OF ORANGE,
CITY OFTUISTIN
ly anntng, Commission
1, Elizabeth A. Binsack, the undersigned, hereby cerfif that 1: am the PI
Secret"ary of the City of Tustln,, Callf'ornia-I that Resolution No. 4360 was, passed and
adopted at a regular meeting ofthe Tustin Planning Corn,mission,, held on the 13Y' day of
March, 2018.,
PLANNING COMMISSIONER AYES.- Kozak, Lumbard, Mason, Smith,, Thompson (5)
PLANNING COMMISSIONER �NOES-
PLANNING COMMISSIONER ABSTAINEID:
PLANNING COMMISSIONER ABSENT-
ELIZABETHA. BINSACK
P I a r'i r'i i n g CO,Mrflission Secretary
Planning Commission Alcoholic Beverage Sales Establishment Guidelines
Adopted by Resolution No. 4360
Purpose and Intent:
The purpose of these guidelines is to promote and protect the public health, safety, and
general welfare, and preserve and enhance the quality of the City relating to
establishments selling alcoholic beverages for on- and off- site consumption. To fulfill
this purpose, it is the intent of these guidelines to:
• Establish reasonable guidelines to promote orderly development;
• Identify operational guidelines to minimize the impacts on the adjacent properties
and neighborhood; and,
• Ensure implementation of certain regulations necessary to protect public safety.
Policy:
The guidelines together with the Tustin City Code shall be considered by the
Community Development Department, Zoning Administrator, Planning Commission,
and/or City Council, as applicable, in conjunction with applications for Conditional Use
Permits. The guidelines define on- and off-site alcoholic beverage sales
establishments, identify desirable project characteristics, and set forth recommended
findings and conditions of approval. The provisions contained herein shall be
considered guidelines. The Zoning Administrator, Planning Commission, and/or City
Council may modify, add, or waive any part of these Guidelines when the required
findings can be made and that the modification, addition and/or deletion would still
further the purpose and intent of the Guidelines.
Using the Guidelines
Organization
The guidelines are organized into four sections:
I. Definitions
II. Permit Process
III. Findings
IV. Standard Conditions of Approval
Alcoholic Beverages Sales Guidelines
Page 1
I. Definitions
"On-Site Sales Establishment" shall mean an on-site sales establishment that provides
for the sale of alcoholic beverages for consumption on the premises.
"Off-Site Sales Establishment" shall mean the sale of alcoholic beverages for
consumption off the premises.
Off-site sales in establishments greater than 10,000 square feet where the alcohol
beverage sales area occupies less than ten (10) percent of the gross floor area do not
require approval of Conditional Use Permits and are not subject to these Guidelines.
II. Permit Process
An applicant requesting approval for on- or off-site sale of alcoholic beverages shall first
obtain approval of a Conditional Use Permit issued by the Zoning Administrator. Action
by the Zoning Administrator is appealable to the Planning Commission in accordance
with Tustin City Code Section 9294.
The sale of alcoholic beverages for on- or off-site consumption at new or existing
establishments, as regulated by the Zoning Code, Planned Community District
Regulations, or Specific Plans, shall comply with these guidelines.
III. Required Findings
In considering applications for alcoholic beverage sales establishments, the Zoning
Administrator shall find the following-
1.
ollowing:1. That the establishment, maintenance and operation of selling alcoholic
beverages for on- or off-site consumption or ancillary uses related thereto will not
be detrimental to the health, safety, comfort, or general welfare of the persons
residing or working in the neighborhood, nor be injurious or detrimental to the
property and improvements in the neighborhood of the subject property, or to the
general welfare of the City of Tustin, as evidenced by specified findings.
2. That the operational characteristics and features of the facility such as the hours
of operation, outdoor dining, live entertainment, coin operated video games, and
billiard/pool tables, on-site security are appropriate for the location and type of
use proposed in relation to surrounding residential areas, sensitive uses such as
places of worship, parks, schools, hospitals, clinics, convalescent homes, and
other similar uses selling or serving alcoholic beverages.
3. That the development or modification of an establishment selling alcoholic
beverages shall be consistent with the General Plan and Zoning Code.
Alcoholic Beverages Sales Guidelines
Page 2
4. That the proposed establishment is not located within an over-concentrated area,
a high crime area, and/or an area that is not conducive to the sales of alcoholic
beverages as determined by the City of Tustin. An area that is not conducive to
the sales of alcoholic beverages may include but is not limited to an area that
caters to schools, places of worships, preschools, parks, etc.
IV. Standard Conditions of Approval
The following standard conditions of approval shall be incorporated as operating
conditions for the proposed Alcoholic Sales Establishments:
1. All On- and Off-site Alcoholic Beverage Sale Establishments
a. The applicant shall sign and return an "Agreement to Conditions Imposed"
form provided by the Community Development Department which states
that the property owner, applicant, operator, and/or tenant agrees to comply
with all conditions imposed by the City of Tustin. Failure to comply with
conditions of approval, or if the establishment creates undue burden to City
resources, or if the Conditional Use Permit is abandoned for a twelve (12)
month period, these circumstances shall be grounds for revocation of the
Conditional Use Permit.
Any transfer of ownership of the establishment and/or operator shall require
the new owner and/or operator to sign and return an "Agreement to
Conditions Imposed" form provided by the Community Development.
Failure to do so would be a basis for revocation proceeding.
b. The Conditional Use Permit may be reviewed on an annual basis, or more
often if necessary, by the Community Development Director. The Community
Development Director shall review the use to ascertain compliance with
conditions of approval. If the use is not operated in accordance with
Conditional Use Permit, or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Community
Development Director shall impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
Conditional Use Permit.
c. The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
Alcoholic Beverages Sales Guidelines
Page 3
d. The applicant shall provide the first inspection fee as determined by the
Community Development. The Community Development Director shall have
the authority to require additional fee if determined to be necessary to protect
public health, welfare, peace and comfort.
e. Approved uses shall comply with all applicable State, County and the Tustin
City Code. Any violations of the regulations of Department of Alcoholic
Beverage Control as they pertain to the subject location, or of the City of
Tustin, as they relate to the sale of alcoholic beverages, may result in the
revocation of the subject Conditional Use Permit.
f. Applicants shall obtain the appropriate license from the State Department of
Alcoholic Beverage Control for the type of alcoholic sales authorized for the
site. A copy shall be provided to the City prior to operating the alcoholic
sales.
g. All managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods
and skills for selling alcoholic beverages. The California Department of
Alcoholic Beverage Control must approve said training program. Records of
each employee's successful completion of the certified training program
required by this section shall be maintained on the premises of the alcoholic
beverage sales establishment and shall be presented upon request by a
representative of the City of Tustin.
h. Business operations shall be in a manner which does not create a public or
private nuisance. Any such nuisance must be abated immediately upon
notice by the City.
i. If requested by the Tustin Police Department, businesses shall install and
maintain a video surveillance system to monitor all doors, public area of the
premises and parking areas and shall make the video available to the Police
Department. Electronic copies of videos shall be made available to the
Police Department within 48 hours of request. Digital recording shall be
made available for viewing on-scene upon request by a Police Officer. The
business shall retain video surveillance for one (1) month. All video
surveillance cameras must record in color, with digital recording to DVR and
able to record in low-light.
j. No sexually oriented business shall be conducted on the premises without
approval by the City in accordance with the Tustin City Code.
k. Any graffiti painted or marked upon the premises or any adjacent area
under control of the property owner or the business shall be removed or
painted within twenty-four (24) hours of being applied.
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I. All litter shall be removed from the exterior areas around the premises
including adjacent to public sidewalk area and parking areas, no less
frequently than once each day that the business is open.
m. All signs shall comply with the Tustin Sign Code and the following:
i. There shall be no exterior advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic beverages.
No interior displays of alcoholic beverages or signs which are clearly
visible to the exterior.
ii. Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) per cent of
window coverage.
iii. Except for restaurants, the applicant shall post "NO LOITERING" sign
prohibiting loitering on the exterior of the premises.
iv. Signs shall be posted in a conspicuous space at all entrances/exits of
the premises which shall state, "NO ALCOHOLIC BEVERAGES
BEYOND THIS POINT."
2. On-site alcoholic beverage sales establishments
a. Authorization for on-site sales of alcohol in conjunction with the proposed
use is contingent upon the use remaining at the subject site. At such time
the use is discontinued or no longer shall the primary use of the site, the use
permit shall be deemed null and void.
b. Businesses may operate until 2:00 a.m. unless otherwise restricted by the
Zoning Administrator. If there is a marked or noticeable increase in the
number of police-related incidents on or near the premises, as such
increase may be determined by the Chief of Police, the applicant may be
required to provide state-licensed, uniformed security guards at a number
determined by the chief of police.
c. The applicant or an employee of the licensee must be present to monitor all
areas of the establishment, including outdoor patios, during all times that
alcoholic beverages are being served or consumed.
d. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes
of employee education about new products. Under no circumstances may
contract security personnel consume alcoholic beverages during their work
shift.
Alcoholic Beverages Sales Guidelines
Page 5
e. The applicant shall at all times utilize an age verification means or device for
all purchases of alcoholic beverages. Such verification of age is not
intended to discriminate against patrons based on race, ethnicity or legal
status, but only to comply with state law restricting the sale of alcohol to
those twenty-one (21) and older.
f. In the event that there is a queuing line, the business owner, or his
designee, shall be responsible for monitoring the queuing lines at all times.
No food or beverages shall be consumed while in queuing lines. The
outdoor queuing line shall not block public walkways or obstruct the entry or
exit doors of adjacent businesses.
g. All alcohol shall be consumed on-site with the exception of the provisions
stated in the Business and Profession Code Section 23396.5 and 23401.
h. Food must be served whenever the privileges of the on-sale license are
being exercised. Food service shall be available until one (1) hour before
closing.
i. There shall be no fixed bar or lounge area upon the premises maintained for
the sole purpose of sales, service or consumption of alcoholic beverages
directly to patrons. A fixed bar or lounge may be permitted if it function as
food and beverage service bar or lounge area.
j. There shall be no requirement for patrons to purchase a minimum number
of alcoholic drinks.
k. Games or contest requiring or involving consumption of alcoholic beverages
shall be prohibited.
I. There shall be no special events sponsored by or involving an outside
promoter or any other person other than the applicant and/or property
owner. The building may not be sublet to a separate business or promoter
or person other than the applicant and/or property owner.
m. Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan
submitted to the Community Development Department and the Police
Department.
n. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual, which has been
approved by the police department, addressing at a minimum the following
items: Identify individuals who are responsible for the premises. The list
shall include contact information such as name, address, phone number,
etc. and the list shall current and accurate.
Alcoholic Beverages Sales Guidelines
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i. Procedures for handling obviously intoxicated persons.
ii. The method for establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to ensure adequate
staffing levels to monitor beverage sales and patron behavior.
iii. Procedures for handling patrons involved in fighting, arguing or
loitering about the building, and/or in the immediate adjacent area
that is owned, leased, rented or used under agreement by the
licensee(s).
iv. Procedures for verifying the age of patrons for purposes of alcohol
sales.
v. Procedures for ensuring that servers monitor patrons to ensure that
their drinking limit/potential intoxication is not exceeded. This
procedure should include a description of the procedure the server
would use to warn, or refuse to serve, the patron.
vi. Procedures for calling the police regarding observed or reported
criminal activity.
vii. Procedures for management of queuing lines.
viii. The location and description of any video games proposed to be on
the premises.
o. Live entertainment shall be subject to the issuance of a live entertainment
permit pursuant to Tustin City Code Chapter 2 Part 3, and shall comply with
all of the standards contained therein.
p. For establishments with live entertainment permit per Tustin City Code or
amplified music, all exterior doors and windows will be closed during the
hours of such entertainment or music, except to allow ingress or egress of
patrons, or in the case of emergencies. All exterior doors and windows shall
be an adequate acoustic barrier, and shall not consist solely of a screen or
ventilated security door.
q. There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
Alcoholic Beverages Sales Guidelines
Page 7
3. Off-site alcoholic beverage sale establishments
a. No sales of alcoholic beverages shall take place after 2:00 a.m. or as limited
by the Conditional Use Permit and/or the Department of Alcoholic
Beverages Control.
b. No person under the age of twenty-one (21) shall sell or deliver alcoholic
beverages.
C. Refrigerated single serving beverage containers shall be located in
enclosed refrigeration unit no less than ten (10) feet from the point of sale
and a minimum of five (5) feet from the entrance to the premises.
d. No display, sale or distribution of alcoholic beverages shall be made from an
ice tub, barrel or similar container.
e. Alcoholic beverages in containers of less than sixteen (16) ounces cannot
be sold by single containers, but must be sold in pre-packaged multi-unit
quantities.
f. There shall be no coin-operated games maintained on the premises at any
time.
g. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
h. A timed-access cash controller or drop safe must be installed.
i. A silent armed robbery alarm must be installed and operable at all times.
j. The owner or manager of the licensed premises shall maintain on the
premises a written security policy and procedures manual, that has been
approved by the police department, addressing at a minimum the following
items:
i. Handling obviously intoxicated persons.
ii. Establishing a reasonable ratio of employees to patrons, based upon
activity level, in order to monitor beverage sales and patron behavior.
iii. Handling patrons involved in fighting, arguing or loitering about the
building and in the immediate adjacent area that is owned, leased,
rented or used under agreement by the licensee(s).
iv. Verifying age/checking identification of patrons.
Alcoholic Beverages Sales Guidelines
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V. Calling the police regarding observed or reported criminal activity.
k. If there is a marked or noticeable increase in the number of police-related
incidents on or near the premises, as such increase may be determined by
the Chief of Police, the applicant may be required to provide state-licensed,
uniformed security guards at a number determined by the chief of police.
Alcoholic Beverages Sales Guidelines
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