HomeMy WebLinkAbout08 CODE AMENDMENT 2017-003 (ORDINANCE NO. 1493) - ALCOHOLIC BEVERAGE SALES ESTABLISHMENTSMEETING DATE:
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item $
AGENDA REPORT Reviewed:
City Manager
Finance Director A
APRIL 17, 2018
JEFFREY C. PARKER, CITY MANAGER
ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
CODE AMENDMENT 2017-003 (ORDINANCE NO. 1493) — ALCOHOLIC
BEVERAGE SALES ESTABLISHMENTS
Code Amendment 2017-003 proposes to amend Article 9 Chapter 2 of the Tustin City
Code (TCC) to update the standards and guidelines related to new alcoholic beverage
sales establishments. The Code Amendment would allow any commercially or
industrially zoned property to request approval for an on- or off-site alcoholic beverage
sales license with approval of a conditional use permit (CUP); establish new standards
and operational guidelines; and, provide processes for issuance and/or revocation of
CUPS for sales establishments.
On March 13, 2018, the Planning Commission adopted Resolution No. 4360,
recommending that the Tustin City Council adopt Ordinance No. 1493, approving Code
Amendment 2017-003. However, the Planning Commission directed staff to forward
their concerns to the City Council in the staff report. (Applicant: City of Tustin)
RECOMMENDATION:
That the City Council introduce and have first reading of Ordinance No. 1493, amending
Article 9 Chapter 2 of the Tustin City Code related to alcoholic beverage sales
establishments, and set a second reading for the next City Council meeting.
FISCAL IMPACT:
If adopted, the applicant would be required to pay for an assortment of fees for CUPs. In
addition, opening previously restricted locations for new businesses would generate
revenue for the City in previously vacant or underutilized business locations.
CORRELATION TO THE STRATEGIC PLAN:
The proposed project furthers the objectives of the following Strategic Plan goals:
Goal A: Economic and Neighborhood Development — The proposed project
would encourage economic development by facilitating the permitting process for
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Code Amendment 2017-003
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new alcoholic beverage sales establishments in locations not previously
permitted.
Goal B: Public Safety and Protection of Assets — While relaxing new
establishment restrictions, the amended Alcoholic Beverage Sales Establishment
Guidelines would ensure Tustin remain an attractive, safe and well maintained
community in which people feel pride.
APPROVAL AUTHORITY:
The TCC Section 9295g authorizes the City Council to adopt Zoning Code amendments
following a recommendation by the Planning Commission and a public hearing. The
Planning Commission, after the close of public hearing, shall make a report of its
findings and its recommendation with respect to the proposed amendment. This staff
report, minutes, and executed resolution of the Planning Commission together
represent the report and findings of the Planning Commission.
BACKGROUND:
City Regulations
Tustin has a long history of regulating alcoholic beverages. Since 1984, several
ordinances have been adopted to address alcoholic beverage sales establishments and
policy direction from the Planning Commission and City Council (Table 1).
Table 1: History of Alcohol Requlation
1984 The City Council removed off -sale liquor stores as a permitted use and established a temporary
moratorium upon the issuance of permits for off -sale liquor stores.
Later that year, the Council adopted code provisions that required a conditional use permit for all
on- and off-site alcoholic beverage sales establishments.
1987 The Council added provisions to establish distance separation requirements between various
land uses and any off-site alcoholic beverage sales establishment (100 -feet to residential, 300 -
feet to other off-site, 600 -feet to sensitive uses). At the time, the Council also allowed an
exemption for supermarkets that sell alcoholic beverages for off-site consumption. Many
supermarkets are located immediately adjacent to or in close proximity to residential uses or
within 300 -feet of another existing off-site sales establishment such as a liquor store. Therefore,
the exemption was established for supermarkets and retail stores that are at least 15,000 square
feet and devote less than 10 percent of their gross floor area towards alcoholic beverage sales.
1996 The City Council updated the alcohol sales establishment distance separation requirements.
• Off-site: 300 -feet from residential, 500 -feet to other off-site and 600 -feet to existing on-
site sales establishments except restaurants and to other sensitive uses
• On-site: 1,000 -feet from residential, other off-site and on-site sale establishments (except
restaurants) and other sensitive uses.
Sensitive uses include churches, places of worship, public or private schools, parks, playgrounds,
clinics, hospitals, healthcare facilities and convalescent homes.
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2000 The City Council established alcohol sales establishment distance separation requirements within
Planned Community, Planned Community Industrial and Specific Plan areas; and enabled the
Alcoholic Beverage Sales Establishment Guidelines to be applied citywide.
2001 The City Council updated the Alcoholic Beverage Sales Establishment Guidelines to include a
definition for "specialty stores" in commercial and industrial zones, and exempted specialty stores
from the distance separation requirements for off-site alcoholic beverage sales.
2007 The Planning Commission held a workshop on Alcoholic Beverage Control in response to many
requests that the City was receiving to extend hours for on- and off-site alcoholic beverage sales
establishments. After deliberation, the Planning Commission at the time decided to maintain the
status quo since the Commission felt that the current regulations sufficiently addressed the
community concerns. However, the Planning Commission did establish standardized hours of
operation until 11:00 p.m. weekdays and 12:00/midnight on weekends for staff approval; and
midnight to 2:00 a.m. requiring Planning Commission approval.
2011 Walgreens requested a Code Amendment to allow the sale of alcoholic beverages from their
12,000 square foot store without meeting the distancing requirements. Tustin City Code only
allows an exemption to the off -sale distancing requirements if the store is 15,000 square feet or
more in size and the alcoholic beverage sales area constitutes less than 10 percent of the gross
floor area. The request was denied.
2013 The City Council adopted a Code Amendment to allow wine tasting rooms and microwineries in
the Cultural Resources District (Old Town) not subject to distancing requirements.
2017 February: the City Council and Planning Commission held a joint workshop to discuss issues and
potential amendments to City requirements and policies, which were agreed to be too restrictive.
September: following direction from the joint workshop, the Planning Commission held a
workshop to explore opportunities to modify alcoholic beverage sales regulations, and provided
staff with direction considered in the proposed Code Amendment.
2018 The Planning Commission held a public hearing and recommended that the Tustin City Council
adopt Draft Ordinance No. 1493, amending Article 9 Chapter 2 of the Tustin City Code, and
amended the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishment
Guidelines.
Historically, the City has had a conservative approach regarding alcoholic beverage
sales establishments. A CUP is typically required for new on- and off-site alcoholic
beverage sales establishments and non -restaurants are subject to distance separation
requirements. The distance separation requirements are sanctioned by specific
provisions in TCC Section 9217dd and include minimum separation distances from
other alcoholic beverage sales establishments, schools, churches, hospitals and clinics.
In order for a business to be considered a restaurant, the gross annual sales of food
must exceed the gross annual sales of alcoholic beverages. Thus, many new
businesses that sell alcoholic beverages must be conscious of their projected annual
sales or must comply with City -required distance separation requirements.
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California Department of Alcoholic Beverage Control
The Department of Alcoholic Beverage Control (ABC) is responsible for regulating
alcoholic beverages within the State of California. The Department of ABC is involved
in the licensing and enforcement of activities related to the production, sale and
consumption of alcoholic beverages. In general, there are two (2) broad types of
licenses available for retail sales that are distinguished by whether or not the alcoholic
beverages are sold for consumption on or off the premises.
On -Sale License — Authorizes the sale of beverages for consumption on the premises
where sold. Typical uses include restaurants, bars, clubs, cocktail lounges, and tasting
rooms.
Off -Sale License — Authorizes the sale of alcoholic beverages for consumption off the
premises where sold. Typical uses include liquor stores, convenience markets,
alcoholic beverage superstores, and grocery stores.
Further, there are two (2) general distinctions in the type of alcoholic beverages sold
under the subject license types.
Beer and wine license — As implied these licenses only allow for the sale of beer and
wine and not distilled spirits.
General license — Allows for the sale of distilled spirits in addition to beer and wine.
It is not uncommon for a single location to have multiple ABC licenses depending on the
activities at that location. The most common types of ABC licenses within the City, and
the quantity of each, are shown in Table 2.
Table 2: ABC Licenses in City of Tustin (412018)
2 Winegrower 1
17 Beer and Wine Wholesaler 2
18 Distilled Spirit Wholesaler 2
20 Off -Sale Beer and Wine 20
21 Off -Sale General 28
23 Small Beer Manufacturing (allows sale to consumer) 3
40 On -Sale Beer 1
41 On -Sale Beer & Wine (bona fide eating place) 74
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42 On -Sale Beer & Wine (public premises) 4
47 On -Sale General (bona fide eating place) 42
48 On -Sale General (public premises)
70 On -Sale General Restrictive Services 2
86 Instructional Tasting License (addition to Type 20121 } 3
TOTAL 187
Generally, restaurants, bars, and retail establishments require City authorization prior to
obtaining a license from the ABC for on- and off-site alcoholic beverage sales. In
addition to conditions and/or established operational standards mandated by the City,
licenses are bound by ABC regulations including prohibiting of the sale of alcohol
between 2:00 a.m. and 6:00 a.m. and overconcentration requirements. ABC licenses
can be issued only if the location is not a high crime area (20 percent higher than
average citywide crimes); there are not too many outlets (ratio of licenses to population
in a census tract does not exceed the ratio of licenses to county population); or ABC or
the City makes a determination that the applicant license proves that the proposed
outlet would serve public convenience or necessity (PC or N). PC or N is demonstrated
when the license applicant proves that the business operation will provide some kind of
benefit to the surrounding community.
The Department of ABC provides the base regulations for alcoholic beverage sales and
cities may adopt regulations based on specific characteristics of the community. The
Tustin Police Department (TPD) also works closely with the Department of ABC in
requiring compliance of existing facilities and in approving temporary licenses typically
involved with special events.
NEW TRENDING BUSINESSES:
Microbreweries and Microwineries
Changing market trends are encouraging a more favorable market environment for local
businesses and small-scale manufacturers. "Buy -local" is a market trend to purchase
goods and services locally to support small-business owners and keep currency locally.
Stemming from this movement is the small-scale alcohol manufacturers, such as
brewpubs and microproducers. In addition to satisfying demand for locally produced
beer, wine and spirits, microproducers often distribute their products regionally or
nationally, bringing revenues into their host communities. Furthermore, successful
brewpubs and microproducers can help revitalize commercial and mixed-use districts.
Some general characteristics of microbrewerieslmicrowineries, which are different than
the typical establishments such as bars, taverns and clubs or lounges, are that the
hours of operation tend to be reduced and they have a primary use of beer/wine
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production, not direct retail sales of alcoholic beverages. Many microbrewedes are not
open daily to the public as they spend most of their time brewing. Tasting rooms for
patrons to sample the selections are often open after work hours from around 3:00 p.m.
to 9:00 .p.m. Even on weekends microbreweries tend to close no later than 10:00 p.m.
Many microbrewedes/microwineries specifically try to capitalize on a clientele that is
looking to have a drink before or after dinner.
An important requisite identified by some small-scale alcoholic beverage sales
establishments is proximity to good food. For example, microbrewers' clientele tend to
appreciate the uniqueness of individually owned and operated restaurants. Many
microbrewers acknowledge that their long-term goals are to eventually incorporate a
food component to their business; however, they often lack the expertise in the food
industry and the risk factor is extremely high in venturing into that market. This risk is
particularly why they seek to locate themselves near exceptional food establishments.
City staff believes that there are many fine dining establishments within the City and in
particular Old Town that would meet this criterion.
Other Businesses
Other types of businesses that tend to be less prevalent than the aforementioned, but
which are subject to the same distancing requirements, include: wine shops,
neighborhood markets and drug stores (under 15,000 square feet), alcoholic beverage
superstores (BevMo, Total Wine & More, Wine Club), and recreational uses (art class
studios, comedy clubs, theaters, etc.). The City is approached by many of these less
common uses and these uses are not permitted due to the distancing requirements as
many of the City's commercially zones sites are in close proximity to residential and
other sensitive uses. Neighborhood markets and specialty stores could create more foot
traffic that provides a neighborhood feel. Increasing foot traffic to commercial and
mixed-use districts may have a positive effect in attracting clientele and creating a
vibrant downtown.
The aforementioned economic benefits were the impetus for the City Manager's office
to promote consideration of the City's relaxed alcoholic beverage sales establishment
regulations and drafting a code amendment.
CITY COUNCIL/PLANNING COMMISSION WORKSHOPS
On February 21, 2017, the Tustin City Council and the Planning Commission discussed
alcoholic beverage sales and consumption regulations within the City. This workshop
opened the discussion for exploring potential amendments to City requirements and
policies. One of the largest hurdles in permitting both on- and off-site sales
establishments (non-bonafide eating establishments) is the distance separation
requirements between alcoholic beverage sales establishments and residentially zoned
or used properties and/or sensitive uses. There are few commercial property locations
within the City that can meet the distance separation requirements.
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On August 9, 2017, the City Council and Planning Commission Subcommittee further
discussed a potential ordinance addressing standards and guidelines for establishing
alcoholic beverage sales establishments. At this meeting the subcommittee directed
staff to establish a draft concept that includes removal of distance separation
requirements except from public schools.
In September 2017, a follow-up workshop was conducted by the Planning Commission.
Staff provided the Planning Commission with a draft concept and the Commission
directed staff to prepare a draft ordinance; the Commission however directed staff to
maintain distance separation not only from public schools but also from private schools
(K-12 schools).
Following the meeting, Chairperson, Ryder Todd Smith, provided staff with information
regarding Alcohol Outlet Density and Alcohol -Related Consequences study by Los
Angeles County Department of Public Health (Attachment A). Chairperson Smith asked
that staff share this information with the Planning Commission and the Police Chief.
DISCUSSION:
Restaurants, bars, and retail establishments require City authorization prior to obtaining
a license from ABC for on and/or off-site alcoholic beverage sales. City authorization is
often provided through the approval of a CUP. This section will discuss several factors,
situations and requirements that influence where, how and if alcoholic beverage sales
establishments are approved by the City. Distancing requirements, business hours,
economic opportunities and industrial zones all influence the approval or disapproval of
alcoholic beverage establishments.
Distancing Requirements
Aside from restaurants, the current TCC requirement restricts the establishment of new
alcoholic beverage sales businesses such as bars, taverns, liquor stores, and
convenience stores in close proximity to residential or sensitive uses within the City.
Sensitive uses include any place of worship, Oublic or private school, park, playground,
clinic, hospital, health care facility or convalescent home.
Off -Site Sales Establishments
Per TCC Section 9277, new off-site alcoholic beverage sales less than 15,000 square
feet of gross floor area, and permitted businesses with more than 15,00.0 square feet of
gross floor area where the off-site alcoholic beverage sales area within the building
occupies more than ten (10) percent of the gross floor area, are subject to the following
minimum distance regulations:
• 300 -feet away from residentially zoned or used property;
• 500 -feet away from other existing off-site sales establishments;
• 600 -feet from sensitive uses; and
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• 600 -feet away from other existing on-site sales establishments, except
restaurants.
Specifically, new off-site sales establishments less than 15,000 square feet, such as
neighborhood markets or drug stores, are subject to distance separation requirements
and cannot establish near residentially zoned or used areas, which is the purpose of
these community -oriented stores.
Attachment B illustrates these distancing requirements from sensitive uses (parks,
places of worship, and healthcare facilities), schools, existing off-site sales
establishments, and existing on-site sales establishments, except restaurants within
Tustin and within reach of City boundaries. Attachment B also shows example locations
that had recent requests for new or intensified alcoholic beverages sales establishments
that the City was unable to consider because of distancing requirements. Distancing
requirements from residentially zoned or used property is the only example not shown
as it is most restrictive.
No new off-site establishments may locate within these radii, which are generally
located along Tustin's commercial corridors. The maps demonstrate that new off-site
sales establishments are difficult to establish within the City commercial corridors and
there are scarce commercial locations available for new alcoholic sales establishments.
On -Sate Sales Establishments
New on-site alcoholic beverage sales establishments have more intensive distance
separation requirements, and are subject to the following distance regulations:
• 1,000 -feet away from residentially zoned or used property, from sensitive uses
and any other existing on-site sales establishments, except for restaurant
establishments or off-site sales establishments.
Notwithstanding of all the benefits that may be realized if the City is to relax the
distancing requirement, the distancing requirements were established to prevent the
overconcentration of these types of uses. In addition to overconcentration, protecting
sensitive uses from close proximity to new establishments is also important. These
regulations were intended to protect the community from excessive noise, loitering and
other secondary negative conditions. However, they also restrict new businesses that
are trying to find an appropriate location in the City. Accordingly, it is important for a
community to find a balanced approach in drafting its ordinance.
Business Hours
The Department of ABC requires all on- and off-site alcoholic beverage sales
establishments to close at 2:00 a.m. Consistent with Planning Commission policy,
businesses proposing to close any time prior to 11:00 p.m. weekdays, 12:00 a.m.
weekends, are conditioned to be closed by those times. Businesses proposing to close
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any time after 11:00 p.m. weekdays, 12:00 a.m. weekends are considered by the
Planning Commission. The Planning Commission may approve, conditionally approve,
or deny any requested alcoholic beverage establishment closing time; however, no
business selling alcoholic beverages may operate later than the 2:00 a.m, limitation
established by ABC.
Over the years, the City has been approached by establishments wanting to open later
than the midnight closing time. Many have indicated that their restaurants or
establishments mostly cater to patrons that frequent their establishments after 9 p.m.
To date, requests to serve alcohol later than 11:00 p.m. during weekdays, and until
12:00 a.m. on weekends, are carefully considered since late night operations can
sometimes pose concerns to adjoining property owners, and other commercial tenants
near the establishment. Input from the TPD and other operating agencies are also
considered.
Economic Opportunities
The Economic Development Department/City Manager's Office have directed the
initiation of the Code Amendment and strongly supported microbreweries, specialty
stores, and the potential of economic opportunities that they can bring to the City. In
particular, there is interest specifically in Old Town Tustin to increase foot traffic to the
area and create a synergy between the clientele that a craft beer tasting room attracts
and ;the existing restaurants and shops in Old Town. City staff has been reaching out to
numerous microbreweries to obtain feedback on how they operate and their specific
needs in opening new locations.
The relationships created with local craft brewers have provided staff with opportunities
to hold a craft beer tasting event at the annual Tiller Days festival (Figure 1). Tasting
events are becoming very popular and offer a great opportunity for local craft brewers to
showcase their products. These events could also be an initial step in attracting
microbrewedes to the City if desired. San Diego has a well-established craft brewing
industry and has been seen as the trendsetter in the market by those in the industry for
a number of years. Cities within Los Angeles County are also starting to follow suit and
relax restrictions on microbreweries. City staff has been informed by numerous craft
brewers that there is an interest in. Orange County, but the regulatory environment is not
yet receptive to their use. The hurdles or lack of allowable zoning districts have
prohibited expansion of many of these uses into the Orange County market. The
Economic Development Department views this as an opportunity to attract a viable type
of destination business that will in tum increase tourism to the City while at the same
time providing an amenity to residents and the business community.
Industria! Zoning District
Industrial zones provide for the manufacturing industry, the storage and distribution of
goods and associated uses. While breweries, wineries, and distilleries are permitted in
industrial zones, TCC does not allow retail on-site sale of alcoholic beverages as a
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Code Amendment 2017-003
Page 10
permitted or conditionally permitted use. This conflicts with a rising trend of tasting
rooms in conjunction with alcoholic beverage manufacturers.
Industrial Zoning District
Fal
In other cities, many of these manufacturers are not open daily to the public and these
tasting rooms are open during off-peak industrial work hours. This operating
characteristic allows a wider range of use in industrial areas that does not conflict with
established industrial businesses. When in industrial districts, many alcoholic beverage
manufacturers with tasting rooms often partner with food trucks to bring in a food
component for their clientele.
POLICE DEPARTMENT:
City staff met with various internal departments to discuss options in drafting a code
amendment for alcoholic beverage sales establishments. City staff and the TPD have
shared concerns regarding the relaxation of alcoholic beverage sales regulations. There
may be issues that can arise pertaining to public safety with over concentration and the
inappropriate consumption of alcoholic beverages. Fortunately, there are many
examples of how other cities have successfully addressed alcoholic beverage
regulations.
The TPD, in consultation with other police departments in Orange County, found that
working directly with management to these types of facilities appear to reduce public
safety issues. One (1) option that is supported by staff and the TPD is that, unless
exempt by TCC (i.e. stores that are 10,000 square feet or larger with 10 percent or less
sales of alcoholic beverages), a CUP should remain a requirement for the sale of on -
and off-site alcoholic beverages. This will allow for the evaluation of each particular
business on a case by case basis. Additionally, requiring food to be served/available at
all times at on-site sales establishments would further aid in creating an enjoyable, safe
environment and provide a food option for patrons consuming alcoholic beverages.
Further, it will allow for specific conditions of approval to be placed on the operation of
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Code Amendment 2017-003
Page 11
the business. Should the business not comply with the conditions of approval, then a
revocation of the CUP and business license could occur.
PROPOSED AMENDMENTS:
Under the draft Code Amendment, all commercially and industrially zoned properties
can apply for a CUP for alcoholic beverage sales. Tasting rooms, neighborhood
markets under 10,000 square feet, specialized stores, convenience stores,
instructional/recreational studios that serves alcoholic beverages, service stations,
bars/lounge, will be able to apply for a CUP. The proposed Code Amendments would
establish the following:
• Require a CUP for on or off-site sales establishments;
• Designate the Zoning Administrator as the designated approval authority for
CUPs for new on- or off-site sales establishments, unless denied or appealed;
• Require food to be served or provided at all times at on-site sales
establishments;
• Reduce the square footage requirement from 15,000 square feet to 10,000
square feet for off-site alcoholic beverage sales to establish without a CUP;
• Remove the existing distance separation requirements;
• Allow establishments to open until 2:00 a.m. with conditions that allow for
reduced hours if noise or security complaints are received; and
• Establish guidelines for revocation of CUPs for on- or off-site sales
establishments that create an undue burden to the community.
Amended Planning Commission Guidelines for Alcoholic Beverage Sales
Establishments are proposed to help implement the Code Amendment. This
amendment will not be effective unless the City Council adopts Ordinance No. 1493.
The guidelines provide detailed standard conditions of approval for on- and off-site
sales establishments as follows:
• Establish Operational Standards;
• Require managers and/or employees to complete a certified training program;
• Require sales establishments to install and maintain a video surveillance system
available upon the TPD request;
• Require sales establishments to abate any nuisance upon notice by the City;
• Require applicant and/or future transfer of ownership to sign "Agreement to
Conditions Imposed";
• Require annual review of CUP or more if determined necessary;
• Require inspections fee for initial application;
• Utilize an age verification means for all purchases of alcoholic beverages; and
• Implement a written security policy and procedures manual.
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Code Amendment 2017-003
Page 12
OTHER CITIES' APPROACH:
Alcoholic beverage sales establishments are regulated by local jurisdictions as well as
ABC. Within a community, alcoholic beverage sales establishments are permitted by
right or through discretionary or, ministerial approval. Upon review of nearby
jurisdictions, many cities regulate these uses through a discretionary use permit. The
cities that allow alcohol sales by right or with ministerial approval are specified within a
smaller given area or district (i.e. downtown, entertainment districts, restaurant districts,
etc.).
The City of Anaheim recently amended its municipal code to provide specific standards for
alcoholic beverage manufacturers within commercial and industrial zones. The
manufacturing of alcoholic beverages is a permitted use in two (2) commercial districts and
the industrial district as long as the business meets certain standards in the municipal
code. Businesses that operate late are subject to additional regulations and review.
The Mayor of Anaheim proclaimed a Brew City initiative to attract craft brewers to the City
and facilitate a quick process with less red tape.
Similar to the City of Anaheim, the City of Fullerton has relaxed its regulations for new
alcoholic beverage sales establishments and this resulted in a concentrated area of bars
in the downtown area. For years, Fullerton has struggled to control patrons in its
downtown. At least 4,000 partyers, many from outside Orange County, routinely
converge on approximately twenty (20) downtown establishments after 10:00 p.m.
Following these issues, Fullerton has tightened regulatory restraints on new alcohol
related businesses and the Police Department has worked extensively with the
management of these facilities.
The City of Irvine's zoning code allows bars, restaurants, markets, etc. as permitted uses
in Commercial and mixed-use zones. No CUP is required for on- or off-site alcoholic
beverages sales establishments, and Irvine has no sensitive use distance or hours of
operation requirements for ABC uses. Irvine is a planned community that has deferred
alcoholic beverages sales hours and distancing concerns to the ABC and the private
property owner/manager (mostly The Irvine Company).
Largely, cities utilize state regulations enforced by ABC to determine separation
requirements for alcoholic beverage sales establishments. Additional regulations are
determined on a case-by-case basis through the discretionary permit process. For
many of these cities the alcohol related issues stem around concentration and hours of
operation.
ENVIRONMENTAL ANALYSIS:
The proposed Code Amendment is not subject to the California Environmental Quality
Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Section
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Page 13
15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment).
PLANNING COMMISSION CONCERNS:
At the March 13, 2018 meeting, the Planning Commission recommended that the Tustin
City Council adopt Ordinance No. 1493, approving Code Amendment 2017-003. While
the Planning Commission had no concerns regarding allowing any commercially or
industrially zoned property to request approval for an on-site alcoholic beverage license,
there was reservation regarding new off-site alcoholic beverage sales establishments.
The Planning Commission indicated concerns regarding:
• Potential overconcentration of off-site sales establishments; such liquor stores;
• Desire to maintain a healthy community;
• Sales establishments within high crime rate areas;
• Liquor stores not being the type of economic vibrancy that the City is seeking;
• Proximity of sales establishments to schools; and
• The effects of the proposed amendment.
Some members of the Planning Commission suggested only removing the distancing
requirements from residentially zoned or used property, but retaining distancing
requirements from other existing off-site sales establishments, sensitive uses, and other
existing on-site sales establishments, except restaurants. Sensitive uses include any
place of worship, public or private school, park, playground, clinic, hospital, health care
facility or convalescent home. The Planning Commission suggested that they support a
stricter scrutiny of off-site establishments than on-site establishments. This is further
detailed in the attached Planning Commission meeting minutes (Attachment C.).
CONCLUSION:
The proposed ordinance would relax requirements for on- and off-site alcoholic
beverage sales establishments as the Planning Commission and City Council have
directed staff to explore. While the Planning Commission have reservations regarding
off-site sales establishments, the provisions of a CUP and findings that limit proposed
sales establishments from locating within high crime or over -concentrated areas would
alleviate this concern.. The TPD supports this approach since the City could have the
ability to revoke the CUP should establishments repeatedly violate any of the conditions
of approval.
In addition, based upon the exclusions of the majority of the commercial corridor should
the distance separation requirements be retained (Attachment B), the goal of the
Planning Commission and City Council to relax standards to accommodate new trends
businesses may not be achieved. Accordingly, staff recommends that the City Council
adopt the proposed ordinance as presented herein.
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April 17, 2018
Code Amendment 2017-003
Page 14
C" r
Jes ica Aguilar Elizabeth A. Binsack
Assistant Planner Community Development Director
Attachments:
A. Alcohol Outlet Density and Alcohol -Related Consequences
B. Radius Maps for:
• Schools (K -12) -600 -foot and 1,000 -foot buffer
• Sensitive Uses: Parks, Healthcare Facilities, and Places of Worship
• Existing Off -Site Sales Establishments
• Existing On -Site Sales Establishments
• Proposed Establishment Locations
C. Planning Commission Minutes: March 13, 2018
D. Ordinance No. 1493
E. Alcoholic Beverage Sales Guidelines
F. Redlined TCC Section 9271dd - Alcoholic Beverage Sales Establishments
ATTACHMENT A
ALCOHOL OUTLET DENSITY
ALCOHOL-RELATED CONSEQUENCES
AtItlp►t C
: M- FIqI M[a• - •
I
Research and Evaluation Unit
Clinical Services and Research Branch
Substance Amuse Prevention and Control
Los Angeles County Department of Public Health
•
" COUNT'! OF Los ANGELES
Public Health
Table of Contents
Listof Maps/Tables....................................................................................................................... ii
Introduction...................................................................................................................................1
StudyMethods........................................................................................................ .......1
Findings.........................................................................................................................................2
Discussion....................................................................................................................................19
Notes...........................................................................................................................................22
Referettces................................................................................................................................... 23
Alcohol Outlet Density and Consequences, LAC, 2013 1 i
List of Maps/Tables
Map 1. On -Premises Alcohol Outlet Density....................................................................................3
Map 2. Off -Premises Alcohol Outlet Density....................................................................................4
Map 3. Density of Violent Crimes.....................................................................................................7
Map 4. Density of Alcohol-related Vehicle Crashes..........................................................................8
Map 5, Density of Alcohol-related Emergency Department (ED) Visits...........................................9
Map 6, Density of Alcohol-related Hospitalizations.......................................................................10
Map 7. Density of Alcohol-related Deaths......................................................................................11
Table 1A. On- and Off -Premises Alcohol Outlet Density by City and Community .........................12
Table 1B. On- and Off -Premises Alcohol Outlet Density by Service Planning Area........................14
Table 1C. On- and Off -Premises Alcohol Outlet Density by Supervisorial District .........................14
Table 2A. Alcohol-related Consequences by City and Community................................................15
Table 2B. Alcohol-related Consequences by Service Planning Area..............................................18
Table 2C. Alcohol-related Consequences by Supervisorial District................................................18
ii � Alcohol Outlet Density and Consequences, LAC, 2013
Introduction
Excessive alcohol consumption is the second -leading cause of premature death and disability in Los
Angeles County (LAC), and is a serious public health concern with major health, economic, and social
consequences.' Annually, more than 2,800 people die from alcohol -attributable causes that result in
approximately 80,000 years of potential life lost (YPLL)2*, and an estimated $10.3 billion in healthcare and
lost productivity costs.3 A review of scientific literature found that alcohol outlet density is positively
associated with alcohol consumption' and related consequences including violent crimes,' vehicle
crashes,6 emergency department (ED) visits,' hospital admissions (hospitalizations),' and deaths' among
other adverse outcomes.
In this report, on- and off -premises alcohol outlet densities and the rates of the five consequences noted
above were examined for 78 cities, 27 unincorporated areas or communities, 8 Service Planning Areas
(SPAS), and 5 Supervisorial Districts (SDs) in LAC.
Study Methods
Defining Cities and Communities in Los Angeles County
A total of 88 cities and 59 unincorporated communities in LAC were identified using the Census 2010
Incorporated Places and Census Designated Places." Ten cities and 32 communities with less than
10,000 residents produced unstable estimates, and were excluded from this report. Data for the City of
Los Angeles was further divided into its 15 city council districts to provide more local information."
Determining Alcohol Outlet Density
Information on alcohol outlets within LAC in 2013 was obtained from the California Department of
Alcoholic Beverage Control (ABC).1Z ABC categorizes alcohol outlets as follows:
On -premises — outlets where alcohol is served to be consumed on site (e.g. bars and
restaurants).
• Off -premises — outlets where alcohol is sold in original, sealed containers to be consumed off
site (e.g. liquor stores and grocery stores).
The 2013 population estimates for each city and community were used to determine alcohol outlet
densities.13 The density (number of outlets per 10,000 residents) of on -premises and off -premises
alcohol outlets for each city/community was categorized into three equal groups: "low," "medium," or
"high" density.
' Years of potential life lost (YPLL) is an estimate of the average time a person would have lived had he or she not died prematurely. This
measure is used to help quantify social and economic loss owing to premature death, and it has been promoted to emphasize specific causes of
death affecting younger age groups. YPLL inherently incorporates age at death, and weights the total deaths by applying values to death at each
age. Retrieved from htto://www.istor.org/stable/25759821.
Alcohol Outlet Density and Consequences, LAC, 2013 1 1
Measuring Alcohol-related Consequences
Five consequences related to alcohol outlet densities (violent crimes,1° vehicle crashes," ED visits,16
hospitalization S,16 and deaths") were examined using 2013 data. Violent crimes include
homicide/murder, sexual assault (rape and attempted rape), all other assaults (including domestic
violence), and robbery. Alcohol -involved vehicle crashes include any motor vehicle crashes in which
a driver, pedestrian, or bicyclist had been drinking. Alcohol-related ED visits and hospitalizations
include records that listed an alcohol-related primary or secondary diagnosis, or external cause of
injury. Alcohol -involved deaths include any mention of alcohol in toxicology data provided by Los
Angeles County Department of Medical Examiner - Coroner. Death data reflects the location where
a death occurred, not the place of residence.
Rates per 10,000 residents for each of the five alcohol-related consequences were calculated using the
2013 population estimates for each city/community, SPA, and SD, and were categorized into three equal
groups: "low," "medium," or "high" rate.
Determining the Relationship between Alcohol Outlet Density and Alcohol -Related Consequences
Logistic regression modeling was performed to examine the associations between on- and off -premises
alcohol outlet densities (high - values above the county median; low - values below the county median)
and alcohol-related consequences (high - values above the county median; low -values below the county
median). All models were adjusted for the Economic Hardship Index (EHI)18 to account for neighborhood
socioeconomic conditions that include crowded housing, poverty level, unemployment, educational
achievement, family dependency, and per capita income. Statistical significance was determined using
P < 0.1.
Findings
Alcohol Outlets
A total of 15,253 alcohol outlets were identified in LAC, of which 9,025 (59.2%) were on -premises, and
6,228 (40.8%) were off -premises. In 2013, the average density of on -and off -premises alcohol outlets
was 8.9 and 6.2 outlets per 10,000 population, respectively. On -premises outlet density varied widely
among cities and communities across the County, ranging from 0.0 (West Puente Valley and Westmont)
to 51.1 (West Hollywood), with 40 (33.6%) cities/communities above the countywide average rate of
8.9. Off -premises outlet density ranged from 0.8 (San Marino) to 15.9 (Santa Fe Springs), with 56 (47.1%)
cities/communities above the countywide average rate of 6.2. Tables 1A, IB, and X present the
densities of on -premises and off -premises alcohol outlets by cities and communities, SPAS, and SDs,
respectively.
The geographical distribution of on- and off -premises outlets varied across LAC (Maps 1 and 2). A higher
density of on -premises outlets was significantly associated with lower EHI, or more affluent
communities such as West Hollywood, Beverly Hills, EI Segundo, Hermosa Beach, and Santa Monica
(Map 1, p < 0.01). On the other hand, a higher density of off -premises outlets was associated with
higher EHI or less affluent communities (Map 2, p = 0.08) such as the City of Commerce and Santa Fe
Springs.
2 1 Alcohol Outlet Density and Consequences, LAC, 2013
Map 1. On -Premises Alcohol Outlet Density (per 10,000 population) Among Cities,
Communities, and Service Planning Areas (SPAs), Los Angeles County, 2013
Medium
Low
Area < i OK population
Area rld 00;; Wated r nal a city or cammunily
0 5 14 Milos
SPA = Hummers 1 through a I r
Alcohol Outlet Density and Consequences, LAC, 2013 1 3
Map 2. Off -Premises Alcohol Outlet Density (per 10,000 population) Among Cities,
Communities, and Service Planning Areas (SPAs), Los Angeles County, 2013
Low IJ
Area K 10K population N
Area not populated 1 not a city or community
0 5 10 Miles
SPA= Numbers 1 through 8 t 1 i
4 Alcohol Outlet Density and Consequences, LAC, 2013
Association Between Alcohol-related Consequences and Alcohol Outlet Density
The rates of alcohol-related consequences (violent crimes, vehicle crashes, ED visits,
hospitalizations, and death) are presented by each city and community (Table 2A, Maps 3 to 7),
SPA (Table 213), and SD (Table 2C).
Violent Crimes
The violent crime rate within Los Angeles County cities/communities ranged from 0.0 (Santa Fe
Springs) to 159.5 (Westmont), with 35 (30.3%) cities/communities above the County average of
40.3 per 10,000 population (Table 2A, Map 3).
Cities and communities with a high density of off -premises alcohol outlets were 3.7 times more likely
to have high violent crime rates than cities and communities with a low density of off -premises alcohol
outlets, even after accounting for Economic Hardship Index (p < 0.01(.
The association between on -premises outlets and violent crimes was not statistically significant.
Alcohol -involved Vehicle Crashes
The alcohol -involved vehicle crash rate within Los Angeles County cities/communities ranged
from 0.0 (Lomita and Temple City) to 22.3 (Santa Fe Springs), with 42 (35.3%)
cities/communities above the County average of 4.4 per 10,000 population (Table 2A, Map 3).
The association between alcohol outlet density and alcohol -involved vehicle crashes was not
statistically significant.
Alcohol-related ED Visits
The alcohol-related ED visit rate within Los Angeles County cities/communities ranged from
12.4 (San Marino) to 134.1 (Willowbrook), with 33 (37.8%) cities/communities above the
County average of 58.1, per 10,000 population (Table 2A, Map 4).
Cities and communities with a high density of off -premises alcohol outlets were 2.2 times more likely
to have high alcohol-related ED visit rates than cities and communities with a low density of off -
premises alcohol -outlets, even after accounting for Economic Hardship Index (p <0.05).
The association between on -premises outlets and alcohol-related ED visits was not statistically
significant.
Alcohol Outlet Density and Consequences, LAC, 2013 � 5
Alcohol-related Hospitalizations
The alcohol-related hospitalization rate within Los Angeles County cities/communities ranged
from 10,6 (West Puente Valley) to 115,5 (Willowbrook), with 45 (37,8%) cities/communities
above the County average of 45.1 per 10,000 population (Table 2A, Map 6).
Alcohol-related Deaths
The alcohol-related death rate within Los Angeles County cities/communities ranged from 0.0
(Artesia, San Marino, South Pasadena, EI Segundo, Temple City) to 2.7 (Willowbrook), with 35
(29,4%) above the County average of 45.1 per 10,000 population (Table 2A, Map 7).
The association between alcohol outlet density and alcohol -involved deaths was not statistically
significant.
6 1 Alcohol outlet Density and Consequences, LAC, 2013
Map 3. Density (per 10,000 population) of Violent Crimes Among Cities,
Communities, and Service Planning Areas (SPAs), Los Angeles County, 2013
Low 0--A
Area < 10K population N
Area not populated / not a city or community 0 5 10 Miles
SPA= Numbers 1 through 8 1 , 1
Alcohol Outlet Density and Consequences, LAC, 2013 1 7
Map 4. Density (per 10,000 population) of Alcohol -Related Vehicle Crashes
Among Cities, Communities, and Service Planning Areas (SFAs),
Los Angeles County, 2013
Low
Area < 10K population N
Area not populated 1 not a city or community a 5 10 Miles
SPA = Numbers 1 through 8 1 1 __j
8 1 Alcohol Outlet Density and Consequences, LAC, 2013
Map S. Density (per 10,000 population) of Alcohol-related Emergency Department Visits
Among Cities, Communities, and Service Planning Areas (SPAS),
!os Angeles County, 2013
Density of Alcohol -Related ED Visits
_ High
Low
Area K 10K population
a
N
Area not populated t not a city or community
0 5 10 Miles
SPA = Numbers 1 through 8 l 1 l
Alcohol Outlet Density and Consequences, LAC, 2013 1 9
Map 6. Density (per 10,000 population) of Alcohol-related Hospitalizations
Among Cities, Communities, and Service Planning Areas (SFAs),
Los Angeles County, 2013
2
61
r
Density of Alcohol -Related Hospitalizations
High
Medium
Low
Area < 10K population
Area not populated 1 not a city or community
SPA = Numbers 1 through 8
10 � Alcohol Outlet Density and Consequences, LAC, 2013
N
0 5 10 Miles
I i I
Map 7. Density (per 10,000 population) of Alcohol-related Deaths
Among Cities, Communities, and Service Planning Areas (SPAs),
Los Angeles County, 2013
Low
Area < 10K population N
Area not populated / not a city or community
0 5 10 Miles
SPA= Numbers 1 through 8 1 1 1
Alcohol Outlet Density and Consequences, LAC, 2013 1 11
Table 1A. On -Premises and Off -Premises Alcohol Outlet Density (per 10,000 population)
by City and Community, Los Angeles County, 2013*
City/Community Name
Los Angeles County
Agoura Hills
On -premises
err
8.9
16.5
-
Off -premises
ACID
6,2
-
W
M
7.8
4.5
M
Alhambra 7.8
Altadena
1.9
4.5
4.0
4.2
_
Arcadia
12.9
W
M
6.3
10.1
i•
Artesia 20.9
Azusa
6.4
M
7.9
M
Baldwin Park
3.8
6.0
>•
Bassett -Avocado Heights
3.9
M
6.5
M
Bell
5.8
M
7.2
ISI
Bell Gardens
4.5
M
9.4
ISI
Bellflower
4.8
3.5
7.1
W
Beverly Hills
38.1
M
7.5
M
Burbank
15.3
M
6.7
M
_ -
Calabasas
12.5
IIII■
6.3
M
Carson
5.0
urs
5.3
Lakewood
Castalc
4.1
8.0
5.6
Lancaster
Cerritos_ _
12.3
4.6
4.0
Lawndale
Claremont
13.9
=
3.6
Lennox
Commerce
7.7
=
13.1
I�
Compton
1.5
8.7
6.8
6.0
6.7
6.1
wi
yCovina
10.3
6.2
8.4
IIII■
Cudahy
2.1
5.5
6.6
e
Culver City
26.611.7
4.8
IIII■
Del Aire
4,0 _.. _
5.1
5.0
Council District 06
Diamond Bar
7.1
5.5
4.4
Council District 07
2.8
8.2
5.1
5.5
Council District 08
_Downey
Duarte
8.8
5.1
8.8
8.2
3.8
Council District 09
East Los Angeles 3.9
East Rancho Dominguez 0.6
East San Gabriel
1.9
Council District 10
12
EI Monte
L 4.1
Council District 11
6.3
M
EI Segundo
39.7 I
Council District 12
10.7
M
Florence -Graham
3.2
Council District 13
9.6
r
Gardena
16.9
X11
8.8
IIII■
City/Community Name
Glendale
On -premises
O
9.9
A■
AOD
7.1
M
Glendora
8.8
M
4.1
Hacienda Heights
4.5
M
4.2
Hawaiian Gardens
11.1
9.0
M
Hawthorne
5.0
M
5.7
M
Hermosa Beach
36.0
11.7
M
Huntington Park
7.1
M
9.3
M
Inglewood
4.6
M
8.1
■rr
La Canada Flintridge
10.7
M
6.8
»
La Crescenta-Montrose 1.5
3.5
La Mirada
6.3
=
5.1
La Puente
6.4
7.7
La Verne
12.0
IIIA
5.6
Lake Los Angeles
0.8
3.9
Lakewood
7.4
8.0
Lancaster
6.0
4.6
Lawndale
5.4
8.1
Lennox
1.7
5.6
Lomita
Long Beach
City of Los Angelest
Council District 01
16.0
�T10.7
$,9
5.6
-
8.7
6.8
6.0
6.7
-
Council District 02
7.3
s
6.2
t
Council District 03
8.6
_
5.5
s
Council District 04
14.2
4.8
Council District 05
16.7
5.1
Council District 06
4.0
5.5
Council District 07
2.8
5.1
Council District 08
1.1
5.1
Council District 09
2.5
6.0
Council District 10
11.8
5.9
Council District 11
16.0
5.7
Council District 12
6.4
5.7
Council District 13
14.5
7.0
Council District 14
16.1
IIII■
9.0
Council District 15
5.9
t!
6.4
Law (0-33%) Medium (34-66%) High (67-100%)
* cities/communities with a population of less than 10,000 are excluded.
t For the city of Los Angeles, on -premises Alcohol Outlet Density was high and off -premises alcohol density was medittnt (66`x' and 46" percentile,
respectively).
12 1 Alcohol Outlet Density and Consequences, LAC, 2013
Table 1A. On -Premises and Off -Premises Alcohol Outlet Density (per 30,000 population)
by City and Community, Los Angeles County, 2013* (continued)
City/Community
Lynwood
On -premises
3.4
Off -premises
AOID
6.2
AI
Malibu
27.3
r
11.7
s
Manhattan Beach
25.3
ilii
7.3
>•
Maywood
4.3
M
_
11.2
>�
Monrovia
15.1
6.7
Montebello
7.4
M
6.3
Monterey Park
9.4
4.7
Norwalk
4.4
5.9
Palmdale _
5.0
3.5
Palos Verdes Estates
4-4
3.7
Paramount
6.4
6.0
i®
Pasadena
18.1
5.6
Pico Rivera
7.2
8.5
Pomona
6.5
5.5
Quartz Hill
5.4
7.2
>t
Rancho Palos Verdes
4.0
2.6
Redondo Beach
17-4
8.1
=
Rosemead
8.4
YID
5.3
_
Rowland Heights
8.9
M
3.0
San Dimas
9.4
M
7.4
l�
San Fernando
7.0
M
9.1
San Gabriel
18.1
M
6.2
San Marino
3.8
0.8
Santa Clarita
8.7
5.8
Santa Fe Springs
14.7
i
15.9
L�
Santa Monica
•
A••
27.6
•-premises
A••
7.4
Sierra Madre
10.8
2.7
Signal Hill
11.5
8.9
South EI Monte
7.8
M
11.8
South Gate
4.1
6.4
South Pasadena
8.9
M
_
4.2
South San Jose Hills
0.5
1.4
South Whittier
2.4
6.2
Stevenson Ranch
8.9
4.4
Sun Village
0.9
5.3
Temple City
5.3
6.1
i®
Torrance
13.1
7.0
_
Valinda
1.3
3.9
View Park -Windsor Hills
2.9
4.8
Walnut
3.6
1.7
Walnut Park
3.7
4.4
West Carson
3.7
8.8
West Covina
6.6
®
4.6
West Hollywood
51.1
10.0
West Puente Valley
0.0
1.7
West Rancho Dominguez
2.3
5.1
West Whittier -Los Nietos
3.5
5.4
Westmont
0.0
6.5
Whittier
9.7
6.6
Willowbrook
0.5
4.6
Low (0-33%) Medium (34-66%) High (67-100%)
* Cities/communities with a population of less than 10,000 are excluded.
Alcohol Outlet Density and Consequences, LAC, 2013 1 13
Table 1B. On -Premises and Off -Premises Alcohol Outlet Density (per 10,000 population)
by Service Planning Area (SPA), Los Angeles County, 2013
SPA
Los Angeles County
On -premises
8.9
5.3
..
-
..
6.2 -
4.5
Antelope Valley (SPA 1)
San Fernando (SPA 2)
7.8
!
5.8
San Gabriel (SPA 3)
8.3
5.5
Metro (SPA 4)
15.7
M
7.2 i•
West (SPA 5)
18.3
nrr
6.2
South (SPA 6)
2.0
5.4
East (SPA 7)
fi.4
10.4
M
7.2
6.9
South Bay (SPA 8)
Table 1C. On -Premises and Off -Premises Alcohol Outlet Density (per 10,000 population)
by Supervisorial District (SD), Los Angeles County, 2013
Low (0-33%) Medium (34-66%) High (67-100%) M
14 1 Alcohol Outlet Density and Consequences, LAC, 2013
Table 2A. Alcohol-related Consequences (rates per 10,000 population)
by City and Community, Los Angeles County, 2013*
Los Angeles County
Violent Crimes
40.3
-
Vehicle Crashes
4.4
-
ED Visits
58.1
-
HospitalizationsCity/Community
45.1
_
Deaths"
1.0
-
Agoura Hills
9.2
2.4
41.9
33.5
0.4
Alhambra
19.2
s
3.7
X111
36.9
30.3
0.7
Altadena
13.9
3.8
51.7
®
55.5
0.8
Arcadia
13.5
2.4
26.2
30.3
0.4
Artesia
37.6
4.8
31.6
37.0
0.0
_
Azusa
51.0
3.3
®
44.6
40.0
1•
0.8
Baldwin Park
28.7
1.6
43.2
Iw
39.7
1•
0.5
Bassett -Avocado
Heights
20.7
®
5.2
39.5
34.7
0.8
Bell
57.8
6.4
41.3
35.7
0.5
Bell Gardens
28.1
i
1.9
41.3
35.8
®
0.5
Bellflower
35.9
2.6
51.1
40.7
0.6
!!
Beverly Hills
22.2
0.3
60.4
32.6
0.6
Burbank
16.2
3.5
54.2
40.8
0.3
Calabasas
8.4
2.1
34.4
23.8
0.4
Carson
43.2
3.2
_
45.5
34.5
0.3
Castaic
Cerritos
Claremont
Commerce
125.0
16.5
10.3
63.8
r
1.5
4.0
3.9
13.8
®
®
50.4
14.9
....... .............
44.7
55.9
®
®
i
61.3
39.2
29.6
53.7
®
1.5
0.2
1.1
0.7
I�
Compton
126.7
M
3.0
®
66.4
M
53.2
M
1.8
■rr
Covina
28.4
I
0.6
43.8
53.9
r
0.7
M
Cudahy
46.0
r
1.2
41.2
35.7
0.5
Culver City
40.9
M
4.1
_
72.0
53.7
0.3
Del Aire
19.9
w111
3.0
26.7
15.5
0.6
rrl
Diamond Bar
11.0
3.7
18.2
17.8
0.2
Downey
28.8
6.7
39.4
29.5
0.6
Duarte
18.9
0.5
52.5
®
50.6
11111
0.4
East Los Angeles
47.1
1■1
5.7
59.6
48.1
0.8
>0
East Rancho
Dominguez
67.4
r
3.2
57.2
50.6
1.2
>•
East San Gabriel
11.0
0.6
29.7
_
31.0
0.5
EI Monte
29.6
3.5
45.1
44.7
1•
0.9
EI Segundo
21.9
1.8
36.7
35.5
0.0
Florence -Graham
Gardena
Glendale
Glendora
75,8
40.9
9.3
E2.8
6.0
5.8
2.3
2.2
78.8
70,6
40.9
35.4
■■
-
66.3
40.8
37.8
53.4
1.3
1.1
0.8
0.8
I�r
Low (0-33%) Medium (34-66%) High (67-100%) F_-1
'Cities/communities with a population of less than 10,000 are excluded.
"Death data reflects location where a death occurred, not place of residence.
Alcohol Outlet Density and Consequences, LAC, 2013 1 15
Table 2A, Alcohol-related Consequences (rates per 10,000 population)
by City and Community, Los Angeles County, 2013* (continued)
City/Community I
Hacienda Heights
Violent Crimes
13.8
Vehicle Crashes
4.9
ED Visits
23.4
Hospitalizations
22.5
.•
0.5
Hawaiian Gardens
38.8
It
0.7
43.4
0,7
L_
Hawthorne
67.5
5.4
72.1
■nl
38.5
1.6
IIIIt
Hermosa Beach
13.7
3.5
59.5
27.7
1.5
I!
Huntington Park
60.9
IIII■
2.7
60.3
35.0
0.3
Inglewood
66.1
1.2
104.1
I•
61.1
1.0
r
La Canada Flintridge
5.8
2.4
28.5
28.6
1.0
r
La Crescenta-Montrose
8.1
2.0
29.1
38.8
NISI
0.6
La Mirada
14.6
2.4
34.0
31.1
1.2
ee
La Puente
35.4
4.0
I!
45.2
37.7
0.3
La Verne
11.4
3.4
I®
34.4
33.5
0.9
Lake Los Angeles
17.9
2.3
57.6
>•
43.0
M
0.7
Lakewood
27.7
1.7
41.4
35.2
1.4;
Lancaster
52.2
>•
4.4
62.7
41.0
rin
1.4
IIIA
Lawndale
48.8
r
2.4
65.0
34.3
0.6
I`
Lennox
46.0
l•
3.4
55.9
VIII■
37.3
1.4
Lomita
32.0
l0
0.0
63.8
49.8
2.3
Long Beach
49.9
i
4.6
s
67.9
>•
58.1
M
1.4
IIII■
City of Los Angeles"
42.5
-
5.1
50.1
-
68.0
-
1.2
-
Council District 1
49.9
5.9
52.4
67.6
1.4
Council District 2
25.3
>•
5.2
49.8
65.3
Ir
1.5
Council District 3
23.8
I•
5.4
43.0
61.4
0.9
Council District
23.1
>•
5.3
43.6
76.9
r
1.0
Council District 5
16.5
4.5
33.5
_ _
66.4
1.4
r
Council District 6
35.0
nrr
5.5
49.8
66.1
ww
1.8
I�
Council District 7
25.5
i•
4.7
50.0
It
59.4
1.2
I�
Council District 8
102.7
5.6
64.1
77.9
1.5
I�
Council District 9
85.0
5.4
53.8
69.3
0.8
Council District 10
62.2
5.0
50.0
66.2
t
1.0
!r
Council District 11
25.1
IIS
3.8
32.5
45.8
I_
0.8
I�
Council District 12
14.0
5.7
41.5
54.2
It
1.3
Council District 13
53.1
IIII■
5.4
50.6
72.3
1.0
l•
Council District 14
80.7
6.3
87.6
106.2
1.5
Council District 15
55.0
I r
4.0
49.9
I IIS
66.7
1.4
Low (0-33%) Medium (34-66%) I® (High (67-100%)
"Cities/communities with a population of less than 10,000 are excluded.
Death data reflects location where a death occurred, not place of residence.
t For the City of Los Angeles, most alcohol-related consequences measures ranked high (violent crimes, vehicle crashes, deaths, and hospitalizations
were at 75'h, 79"', 83`", and 97" percentile, respectively) and CD visits ranked medium (59" percentile).
16 I Alcohol Outlet Density and Consequences, LAC, 2013
Table 2A. Alcohol-related Consequences (rates per 10,000 population)
by City and Community, Los Angeles County, 2013* (continued)
City/Community
Lynwood
Violent Crimes
61.2
M
Vehicle Crashes
2.5
ED Visits
80.1
M
Hospitalizations
58.5
Deaths"
1.1
Malibu
21.8
M
10.9
_
i
74.6
M
44.1
1.7
Manhattan Beach
18.0
3.4
t•
25.7
_
22.0
0.6
Maywood
40.4
0.7
38.4
39.1
1.1
Monrovia
15.3
4.0
M
63.3
s
66.2
0.5
Montebello
28.8
!•
3.9
t
68.2
i
45.2
®
0.9
Monterey Park
16.8
3.6
M
45.3
i
24.9
0.3
Norwalk
38.2
3.2
46.1
45.1
0.6
Palmdale
48.9
3.5
48.1
27.9
0.9
>•
Palos Verdes Estates
4.4
4.4
30.9
31.2
0.4
Paramount
40.4
_ _
3.6
37.1
29.9
0.6
Pasadena
30.8
Ci
3.9
M
61.0
M
62.2
_
M
1.0
Pico Rivera
32.4
3.1
64.8
i
59.9
0.8
r
Pomona
53.3
4.5
74.9
42.0
0.7
Quartz Hill
28.7
r•
2.7
60.8
i
44.0
1.6
Rancho Palos Verdes
7.1
0.5
22.9
23.6
0.7
Redondo Beach
23.6
>•
5.5
59.5
40.9
1.0
1A�
Rosemead
27.2
lrr
1.3
30.1
31.5
0.9
Rowland Heights
14.0
2.6
20.7
22.2
0.4
San Dimas
19.2
3.5
46.5
1■It
46
0.6
�
San Fernando
35.0
lIIr1
2.1
65.7
52.8
0.5
San Gabriel
25.5
4.0
28.6
23.4
0.3
San Marino
15.0
4.5
12.4
22.1
0.0
Santa Clarita
13.4
1.8
35.6
36.5
®
0.8
i
Santa Fe Springs
0.0
22.3
57.6
51.1
s
1.2
tlr■
Santa Monica
35.3
im
6.0
105.5
■■
54.4
0.7
w
Sierra Madre
11.7
0.9
1
48.7
t•
59.4
0.9
Signal Hill
28.3
9.7
s
41.5
52.8
1.7
South EI Monte
43.1
2.9
43.0
&72
39.8
1.1
South Gate
51.8
5.1
44.8
M
35.8
0.8
South Pasadena
11.2
1.9
31.9
40.8
0.0
South San Jose Hills
17.8
0.5
45.9
®
38.4
0.3
South Whittier
17.5
2.6
55.9
M
35.9
0.5
Stevenson Ranch
16.1
5.0
r
31.2
31.8
1.2
Sun Village
21.4
4.5
-
-
-
Temple City
13.3
0.0
28.4
33.5
0.0
Torrance
Valinda
View Park -Windsor Hills
12.7
18.1
30.5
3.3
2.2
8.6
39.4
41.6
75.1
t•
34.7
34.4
73.3
1.1
0.2
0.8
Low (0-33%) Medium (34-66%) High (67-100%) M
'Cities/communities with a population of less than 10,000 are excluded.
" Death data reflects location where a death occurred, not place of residence.
Alcohol Outlet Density and Consequences, LAC, 2013 1 17
Table 2A. Alcohol-related Consequences (rates per 10,000 population)
by City and Community, Los Angeles County, 2013* (continued)
Walnut
Violent Crimes
12.3
M
Vehicle Crashes
2.0
rrrl
ED Visits
17.0
Hospitalizations
21.6
I Hospitalizations
34.4
Deaths"City/Community
0.2
.-
1.2
Walnut Park
28.7
3
7.5
4.8
60.8
35.3
0.3
lam
West Carson
27.2
3
6.9
46.6
34.8
42.6
1.1
39.2
West Covina
West Hollywood
West Puente Valley
21.4
61.7
13.2
4.3
5.7
1.7
am
33.7
80.7
12.5
36.6
45.9
10.6
_
0.5
1.0
0.1
a�
West Rancho Dominguez
23.5
!•
9.2
West (SPA 5)
18.2
14.9
4.1
0.6
59.2
West Whittier -Los Nietos
25.3
5.4
48.2
l 43.5
0.3
Westmont
159.5
M
5.6
1.4
111
89.2
34.1
2.3
a�
Whittier
25.8
I
4.0
il!
62.0
I r 48.7
42.5 I lam 3.9 62.5
0.7
a�
Willowbrook I
154.1
M
10.1
134.1
= 115.6
2.7
r
Table 2B. Alcohol-related Consequences (rates per 10,000 population)
by Service Planning Area (SPA), Los Angeles County, 2013
SPA
Antelope Valley (SPA 1)
Violent Crimes
39.5
M
Vehicle Crashes
5.0
rrrl
ED Visits
53.4
1 j
I Hospitalizations
34.4
.-
1.2
lam
San Fernando (SPA 2)
21.2
4.8
55.3
43.7
lam
0.9
�I
San Gabriel (SPA 3)
24.4
3.3
42.6
39.2
0.6
Metro (SPA 4)
54.6
5.6
i
80.8
56.2
1.4
a�
West (SPA 5)
26.4
4.1
59.2
®
36.8
0.9
South (SPA 6)
87.2
4.9
72.0
1•
57.9
1.4
lam
East (SPA 7)
South Bay (SPA 8)
34.1
4.4
lam
49.1
40.9
tall
0.7
42.5 I lam 3.9 62.5
r
46.5 1.1
lam
Table 2C. Alcohol-related Consequences (rates per 10,000 population)
by Supervisorial District (SD), Los Angeles County, 2013
Low (0-33%) Medium (34-66%) High (67-100%) M
*Cities/communities with a population of less than 10,000 are excluded.
" Death data reflects location where a death occurred, not place of residence.
18 1 Alcohol Outlet Density and Consequences, LAC, 2013
Discussion
Excessive alcohol consumption continues to be a serious public health concern with substantial
implications for disease, violent crimes, traffic collisions, work loss, and social relationships.'
During 2013 in Los Angeles County, alcohol was involved in an estimated 4,420 motor vehicle
crashes, 6,338 motor vehicle injuries, 246 motor vehicle fatalities, 63,424 ED visits, 56,191
hospitalizations,' and more than 2,800 alcohol -attributable deaths.'
Drinking among youth and adults is strongly influenced by environmental or structural factors,
such as alcohol control policies, retailer marketing strategies'9, as well as alcohol access and
availability. The findings of this report are consistent with the research literature on the
relationship between alcohol availability, measured by alcohol outlet density, and alcohol-
related adverse public health consequences. Communities and cities with higher alcohol outlet
density were more likely to have higher rates of violent crimes, alcohol-related ED visits, and
alcohol-related hospitalizations, even after accounting for economic hardship. High alcohol
outlet density can increase alcohol consumption and its consequences by increasing local
availability of alcohol, reducing alcohol prices due to retailer competition, and establishing and
reinforcing drinking behavior norms.20
Alcohol misuse and abuse is highly preventable and treatable. The findings in this report
underscore the need to take targeted preventive actions to reduce alcohol outlet density and
adverse alcohol-related consequences among adults and youth, especially among those
cities/communities that had particularly high (e.g. in the "high" category or above County
average presented in Tables 1A, 2A) alcohol outlet densities and rates of alcohol-related social
and health consequences.
Limit Alcohol Outlet Density
Limiting alcohol outlet density has been found to be effective in limiting the availability of
alcohol and reducing harms in communities. For example, eliminating one bar per zip code was
estimated to lead to 290 fewer serious assaults per year in California.'
Although the California Alcoholic Beverage Control (ABC) has sole authority over the issuing and
renewal of alcohol retail licenses in California, local jurisdictions, law enforcement, and
community advocates can play an important role in the ABC decision-making process, including
commenting on or protesting an application, and encouraging revocation of an existing ABC
license for continued violation 5,11,21 Furthermore, local jurisdictions can use land use powers to
influence the process by limiting the number of new alcohol outlets allowed by the city or
county general plans, or by imposing operating restrictions on new or existing outlets.'
New Alcohol Outlets: Local jurisdictions can require applicants to obtain a Conditional
Use Permit (CUP) or implement zoning ordinances prior to new ABC license approval,
which place legal conditions on the operation of alcohol outlets, such as restrictions on
locations/density, hours of sale, training of staff, types of beverage sold, alcohol ads on
public property, and operations for business (e.g. no drinking allowed outside of the
premises).23
Alcohol outlet Density and Consequences, LAC, 2013 1 19
Existing Alcohol Outlets: local jurisdictions can implement "deemed approved"
ordinances that require off -premises outlets to comply with business performance
standards (e.g. properly maintained premises that do not adversely affect the
surrounding community), require owner/employees to not permit or facilitate unlawful
behavior (e.g. alcohol sales to minors, public consumption on property or surrounding
sidewalk, or conducting other illegal activities),24and recommend replacement of strong
alcohol beverages with products of lower alcohol content and healthy alternative drinks.
Community advocates can inform or work with ABC in identifying problem outlets or
encouraging revocation of a license for continued violations.
In addition to these interventions, policymakers, schools, businesses, health care providers, and
other community stakeholders can collaborate and implement a more comprehensive array of
the following strategies to reduce the burden of excessive alcohol consumption in our cities and
communities:
1. Enforce Restrictions on Alcohol Availability and Accessibility to Minors
2. Enforce Restrictions on Alcohol Marketing to Minors
Expand Available Community and Social -Support Programs for Alcohol Consumers and
Their Families
4. Provide Educational Services for Minors Regarding the Risks of Substance Use
S. Increase Screening, Brief Intervention, and Referral to Treatment
6. Increase Access to Substance Use Disorder Treatment Services
1. Enforce Restrictions on Alcohol Availability and Accessibility to Minors
Early initiation and use of alcohol by youth increases the risk of alcohol-related problems in
adulthood." Restricting the ability of minors to obtain alcohol at home or in the community can
change perceived norms regarding the permissibility of underage drinking, and may delay early
initiation of alcohol use.25 Parents and guardians should closely monitor alcoholic beverages in
the home and ensure underage drinking does not occur at family events. Cities can implement
and enforce social host ordinances that increase consequences for parents, guardians, or adults
who knowingly permit underage drinking in private settings, such as parties. Cities can also
influence the availability and accessibility of alcohol to minors by enforcing regulations focused
on commercial availability (e.g. restricting alcohol sales at community events), social/public
accessibility (e.g. implementing teen party ordinances, highly visible enforcement of youth
access sales laws), and possession (e.g. banning false identification).' Further, enforcing
geographic buffer zones (e.g. 600 feet") between alcohol outlets and schools or other youth
facilities may also reduce accessibility of alcohol for minors.29
2. Enforce Restrictions on Alcohol Marketing to Minors
A substantial body of scientific research establishes a positive link between youth exposure to
marketing and early initiation and consumption.30 Restrictions on marketing ads in public places
20 1 Alcohol Outlet Density and Consequences, LAC, 2013
(e.g. billboards, sporting events, street -front stores) or enforcing signage restrictions at liquor
and convenience stores (e.g. no more than 33% of square footage of window ads, specific area
for alcohol product placement) can help reduce youth exposure to alcohol marketing.31,31,31 In
addition, restrictions for alcohol ads on social media may also be important in limiting alcohol
exposure among youth.
3. Expand Available Community and Social -Support Programs for Alcohol Consumers and
Their Families
Community -wide efforts have been shown to effectively reduce alcohol consumption and its
consequence S34 by developing and expanding community programs and social groups to
provide emotional support for alcohol drinkers and their families, and decreasing stigmatization
or discrimination against affected groups or individuals who are struggling with addiction.
Through these awareness and educational programs, communities can also help to change
social norms about drinking, raise awareness and recognition of alcohol-related harms, and
promote alcohol use disorder treatment programs.
Workplaces can play an important role in reducing alcohol-related harms among employees
through prevention and intervention programs, such as implementing policies restricting
alcohol use in workplaces, creating health and wellness programs, and providing support for
screening and brief interventions.3- These programs may benefit workers and reduce
productivity loss.
4. Provide Educational Services for Minors Regarding the Risks of Substance Use
Educating the public on recognizing substance misuse and abuse, skills in dealing with alcohol
issues and concerns, along with educating on the short-term effects and long-term dangers of
alcohol, is a key tool to reduce alcohol use and alcohol-related harms. Schools can provide
education -based curricula (e.g., Building Skills, Creating Lasting Family Connections) to help
youth develop personal and social skills, to help students identify internal stressors (e.g. fears,
anxiety) and external pressures (e.g. peer pressure, advertising) to use alcohol, and to give
students the skills to resist these pressures while maintaining relationships.36 School-based
educational programs that have parental or community involvement (e.g., Communities
Mobilizing for Change on Alcohol) can play an important role in reducing alcohol use among
youth. 37,38
5. Increase Screening, Brief Intervention, and Referral to Treatment
Early screening and intervention is a cost-effective way to help individuals with or at risk of
developing alcohol use disorders recognize and avoid problem alcohol use. A substantial body
of evidence supports that universal Screening, Brief Intervention, and Referral to Treatment
(SBIRT) reduces alcohol consumption and heavy drinking, particularly in the primary care
setting. SBIRT for alcohol is recommended by the U.S. Preventive Services Task Force,33,4° and
ranks among the best in return on investment of preventive services. Although SBIRT can easily
be incorporated into clinical workflows, it is currently not commonly practiced in primary
care. 41 Health care providers who are unable to directly provide alcohol use disorder treatment
Alcohol Outlet Density and Consequences, LAC, 2013 1 21
should refer patients that screen positive to further assessment and treatment services, and
follow-up with patients to ensure that necessary services were received.
6. Increase Access to Substance Use Disorder Treatment Services
Alcohol use disorder treatment can be provided in a variety of health settings including
substance use disorder treatment clinics, primary care, or mental health clinics. As such, it is
important for health care providers and the community to be aware of where they can receive
treatment services for alcohol and other drugs. Importantly, alcohol use disorder treatment is
effective and can reduce alcohol-related hospitalizations42, ED visits, homelessness", and
motor vehicle accidents44, and improve productivity and quality of life.45 Ensuring access to
necessary substance use disorder treatment can help to prevent alcohol-related individual and
societal impacts.
In LAC, individuals with alcohol problems, including persons eligible for Medi -Cal or without
insurance, can call the Community Assessment Services Centers at (888) 742-7900 to find the
nearest appropriate treatment centers.
In summary, alcohol outlet densities were significantly associated with a variety of alcohol-
related consequences. However, by working together, policymakers, health care providers,
schools, and community stakeholders can reduce the burden of these human, economic, and
societal repercussions by focusing on strategies to limit alcohol outlet densities, reducing
access/availability/marketing to minors, ensuring access to educational services and
community/social support programs, and increasing access to necessary substance abuse
screening and treatment.
Notes
This is an ongoing report of alcohol density, alcohol-related consequences, and their association
in Los Angeles County. Some results from this report may not be comparable to the results
from previous reports due to the use of different data sources or measurement methods. This
report is subject to limitations due to data availability (e.g. aggregated city level of data based
on zip codes, use of de -identified data precludes data verification, potential unknown or
unmeasured confounders not controlled for), and thus results should be interpreted with
caution.
22 1 Alcohol Outlet Density and Consequences, LAC, 2013
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10. Boundary data for cities and unincorporated communities in LAC was obtained from the University of
California, Los Angeles (UCLA), Geoportal, and retrieved from http;Hgis.ucla,edu/geodata/dataset/california-
places-cities-and-census-designated-places/resource/8a b5c2a6-OddO-4b9f-a9bd-aO73e2Oe73e1
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2012/
12. 2013 Active License data by State of California Alcoholic Beverage Control (ABC) were retrieved from
Alcohol Outlet Density and Consequences, LAC, 2013 1 23
http://www.abc,ca,gov/datport/DataExport.html. Records of active licensed retail businesses authorized by
the State of California to sell alcoholic beverages for either on- or off -premise retail consumption in Los
Angeles County (LAC) were included In this report. Please note the ABC license dataset represented all active
ABC licensed businesses in LAC as of May 30th, 2013.
13. 2013 Population Estimates by Hedderson Demographic Services and Los Angeles County Internal Services
Department Social Services Division and retrieved from
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Angeles Police Department (LAPD) Data for City of Los Angeles where the LAPD is the law enforcement agency;
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domestic violence), and robbery.
15, 2013 Statewide Integrated Traffic Records System (SWITRS) by University of California Berkeley
Transportation and Injury Mapping System were retrieved from http://tims.berkeley.edu/. SWITRS records
about persons Involved in alcohol-related vehicle crashes for 2013 from Los Angeles County include time and
date of accident, whether alcohol was involved, number of Injuries and fatalities, and the latitude (Y) and
longitude (X) points for each reported vehicle accident.
16. 2013 Emergency Department Visits and Patient Discharge (Hospitalization) data were obtained from
California Office of Statewide Health Planning and Development (OSHPD). International Classification of
Diseases, 9th Revisions (ICD-9). Diagnostic codes were used to identify alcohol-related emergency visits or
hospitalizations.
17. 2013 Toxicology data were obtained from Los Angeles County Department of Medical Examiner -Coroner
(DME -C) to identify alcohol-related deaths,
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Survey (ACS).
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related to alcohol-related morbidity and mortality In Scottish cities? Health & Place, 33: 172-180. Retrieved
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24 J Alcohol Outlet Density and Consequences, LAC, 2013
Interested citizens, Retrieved from http://www.ca-cpi,org/docs/Publications/Other/CARS_PCorN,pdf.
23, California Business and Professions Code Section 23790. Retrieved on 08/22/16 from
http://www.leg!nfo.ca.gov/cgi-bin/displaycode?section=bpc&group=23001-24000&file=23770-23793.
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alcohol-related harms from licensed alcohol outlets, NOTE: Original report prepared for Ventura County
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Psychopathology, 27(1): 253-277. dol: 10.1017/S0954579414000650
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https://www. stopa lcohol a bu se.gov/town H a I I M e eti ngs/pdf/ti p sreso u rces/accessl aws. pd f.
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26 1 Alcohol Outlet Density and Consequences, LAC, 2013
aa`°'k�
`�N COUNTY OF Los ANGELES
# Pow Health
x Subslante Abusr. Prevention and Conlrol
CAIfollµi��.
Substance Abuse Prevention and Control
Los Angeles County Department of Public Health
1000 South Fremont Avenue, Building A-9 East, 3rd Floor
Alhambra, CA 91803
Tel (626) 2994198 • Fax (626) 299-3591
Los Angeles County Department of Public Health
Cynthia A. Harding, MPH
Interim Director
Jeffrey D. Gunzenhauser, MD, MPH
Interim Health Officer
Substance Abuse Prevention and Control
Wesley L. Ford, MA, MPH
Deputy Director, Health Promotion Bureau
Wayne K. Sugita, MPA
Interim Director, Substance Abuse Prevention and Control
Gary Tsai, MD
Medical Director and Science Officer,
Clinical Services and Research Branch
Research and Evaluation Unit
Tina Kim, PhD, MA
Director, Research and Evaluation Unit
Ricardo Contreras, MPH, MA
Farimah Fiali, MS
Ekaterina Gee, MPH
Diana Khuu, PhD. MPH
Jimmy Singh, MA
Kairong Wang, PhD, MS
Special thanks to Paul Simon, MD, MPH, Chief Science Officer / Director of the Division of Assessment, Planning, and
Quality & the Office of Communications and Public Affairs for their review and contributions to this report.
ATTACHMENT B
RADIUS MAPS
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ATTACHMENT C
PLANNING COMMISSION MINUTES: MARCH 13, 2018
7.27 p.m. Public Hearing Item Opened.
5. CODE AMENDMENT 2017-003 (ORDINANCE NO. 1493) —
ALCOHOLIC BEVERAGE SALES ESTABLISHMENT STANDARDS
AND GUIDELINES
A proposal to amend Article 9 Chapter 2 of the Tustin City Code (TCC) to
update the standards and guidelines related to new alcoholic beverage
sales establishments.
ENVIRONMENTAL:
The proposed Code Amendment is not subject to the California
Environmental Quality Act pursuant to California Code of Regulations,
Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the
environment).
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4360,
recommending that the Tustin City Council adopt Draft Ordinance No.
1493, amending Article 9 Chapter 2 of the Tustin City Code, and
amending the Planning Commission's Guidelines for Alcoholic Beverage
Sales Establishment Guidelines.
Aguilar Presentation given.
Binsack Binsack explained to the Commission the reason for the supplemental
provided at the dais relating to the guidelines and the approval/denial process
of a request. She further explained that staff is proposing that an additional
Finding be included stating that either Planning staff or the Tustin Police
Department would review the application on a case-by-case basis (i.e.
applications pending, the proposed establishment is not located within an over
concentrated area, high crime area and/or an area that is not conducive to the
sale of alcoholic beverages) as determined by the City (i.e. may be included
but not limited to areas that cater to schools, places of worship, pre-schools,
etc.). Binsack further explained that it is difficult to evaluate each use at this
time, since staff is proposing some relaxation of certain standards, what types
of applications the City sees in the future of a proposed application where staff
may want to make a finding where City staff may not be supportive and make
a recommendation for denial. If there are over concentration of sensitive uses
(i.e. schools and parks), it may be less appropriate for there to be an over
concentration of alcoholic beverage sales which is why staff thought it would
be appropriate to add one (1) additional finding for the Commission's
consideration.
Smith With regards to the supplemental, Smith asked if this were to be used as
criteria for denial, if the applicant could still choose to appeal.
Binsack Binsack confirmed Smith's statement.
Minutes — Planning Commission March 13, 2018 — Page 5 of 13
Binsack Binsack explained the included radius map illustrated that staff included private
and public schools which virtually zones out the capability of allowing for an
off -premise alcohol sales establishment. Per Binsack, if the Commission
wanted to proceed, staff also provided the enclosed guidelines in order to
address any secondary impacts. She added that every individual or applicant
that is desirous of selling alcohol in the City would be required to obtain an
additional CUP, but they could request and receive approval for the 2:00 a.m.
closing time.
Lumbard Lumbard referred to the supplemental item and suggested editing the second
paragraph of the guidelines -- "an area that is not conducive to the sale of
alcoholic beverages may but not "be" limited to "an" area(s) that caters to.....".
Lumbard's questions/concerns generally included: referred to the Zoning
Administrator being the authority for CUPs, unless the application was denied
or appealed, and asked staff to clarify as far as the Planning Commission and
City Council's approval/denial process; the Standard Conditions of Approval -
1) Where it comes from? 2) What does "available" mean? 3) What other cities
are following? 4) Include a requirement that food be made available; make
sure Tustin PD is involved; and this is relaxation of the current TCC for
economic activity especially in the Old Town area.
Binsack Binsack's response to Lumbard's questions generally included: the only true
establishments currently permitted for on-site consumption would be a bona
fide eating establishment (i.e. restaurant) and it has to be fifty-one (51) percent
sale of food and the maximum amount of alcohol to be sold is forty-nine (49)
percent; individuals would not have an option other than to provide food;
referred to the prior workshop with regards to the Commission and City
Council's direction, that if there was going to be alcohol sold for onsite
consumption there would be food available (i.e. food trucks, food made
available, etc.); and if the Commission wanted that item removed from the
Guidelines, then staff would remove the food provisions.
Lumbard Lumbard recalls from the workshop, that the Commission was generally in
favor of some requirements and was not sure how workable availability is as a
standard and hopefully it does not become an issue. In general, when
referencing the Conditions of Approval and Tustin PD's involvement, he made
favorable comments as far as keeping the City safe and to ensure there are no
problems with the establishments. Lumbard also asked if staff could enforce
the TCC if an establishment becomes a nuisance or noise becomes an issue,
but overall it is a step in the right direction.
Thompson As a point of clarification, Thompson's interpretation of the 1,000 foot radius
map, specifically the Downtown Commercial Core area, Tustin Market Place
and the District, were all listed as being non -affected areas. His additional
comments generally included: the Red Hill Corridor being an affected area by
the 1,000 foot distancing requirement; he referred to Los Angeles' regression
analysis to understand the correlation of density of alcohol establishments with
crime rates and the correlation of high crime rates with high density of alcohol
establishments (off-site sales); he understands that the City wants to relax the
Minutes — Planning Commission March 13, 2018 — Page 6 of 13
standards but the City also wants to maintain a healthy community; over
concentration areas (on/off-site sales); location of the concentration of high
crime rates occurs in Tustin; on-site vs. off-site consumption — microbrewery
concept (i.e. Centro Winery) which fits well along with the City's guidelines and
ordinance; 7 -Eleven stores not being the type of economic vibrancy our City is
looking for; and he was inclined to separate the on-site and off-site alcohol
sales, but he liked the vibrancy of what staff presented.
Binsack In response to Thompson's interpretation with regards to the Los Angeles
"regression analysis", Binsack stated that the analysis was the conclusion Los
Angeles came to, but there might be other factors at play that were not
considered in their analysis. She indicated the over concentration areas in
Tustin would be along Newport Avenue and First Street. Binsack referred to
the proposed finding within the staff report. Staff might determine something
differently than the Alcohol Beverage Control does which is determined by a
census tract area whereas the City can make a determination on a specific
parcel being a high crime rate area. Per the 7 -Eleven example that Thompson
used previously, Binsack's response was that differentiating establishments is
difficult. From a land use perception, if everyone follows the rules when selling
alcohol, they are all the same from a sales perspective. Binsack advised the
Commission that if they just wanted to address reducing the standards for on-
site sales and leave the distancing requirements for off-site sales for now, they
could choose to do that temporarily and then deal with the other issue at a later
date. She told the Commission to keep in mind that off-site alcohol sales
would probably get equally, if not more desires to provide those services.
Lf. Green Lt. Bryan Green's, South Area Commander of Tustin PD, response to previous
comments generally included: a formal study regarding alcohol sales has
never been conducted in correlation between crime rates and alcohol sales;
crime rates tend to focus on high density areas (residential); there are not
really any facts to support the over concentrated areas, Tustin PD informed the
Commission of their process when reviewing CUPs with alcohol sales, to
ensure all concerns are addressed; Tustin PD has a great working relationship
with the Community Development Department, as well as with a variety of
establishments to ensure they understand the City's rules and regulations;
Tustin PD also works with the crime analysis on a weekly basis in order to
identify crime trends, Tustin PD's bi-weekly "Neighborhood Improvement Task
Force" meetings to discuss any areas of concern; with the guidelines in place,
it gives Tustin PD the ability, along with staff, additional conditions can be
imposed, if there are any concerns with imposed restrictions additional
restrictions. Based on the ordinance and guidelines, Lt. Green felt there was
enough input to address Tustin PD's concerns and if approved, they would
continue to monitor/address those concerns at that time; and any time there
are major corridors with concentrations of businesses and population, such as
Newport Avenue, Irvine Boulevard, Jamboree there is generally an increase in
crime rate.
Kozak Kozak thanked Aguilar for the staff report. He noted this meeting was a
culmination of multiple public meetings with the City Council and the
Commission, staff research and presentations. He stated that while the
Commission is considering relaxing existing standards, the thoroughness of
the presentation is reflected in summarizing that the City will have standard
Minutes — Planning Commission March 13, 2018 — Page 7 of 13
Conditions of Approval, at a minimum, a CUP is required for both on/off-site
sales, and the alcoholic beverage guidelines which are good controls and
mitigated some of Kozak's concerns. Both staff and Tustin PD worked on the
recommendations and they support the recommendations to the Commission.
Kozak was in support of the item. He requested Tustin PD and staff return
with an update to the Commission.
8:09 p.m. Opened/Closed the Public Hearing Item.
Smith Smith asked staff about prior public notifications and the process, as well as if
other communication channels were used (i.e. Next Door, Facebook, Tustin
Unified School District).
Aguilar Per Aguilar, noticing was done through the Tustin News, and notices were sent
to stakeholders who specified specific interest in the proposed ordinance.
Willkom Willkom added that Next Door, Facebook, and TUSD were not noticed but staff
did inform the Chamber of Commerce and asked that they notify their
members.
Final Comments from the Commission
Lumbard Lumbard's final comments included: the ordinance and guidelines are a step
in the right direction of where our City Council and City Manager wants us to
go; referred to and read from the required findings of the Zoning Administrator
Conditions of Approval/Guidelines; noted the consistency with the General
Plan and the Zoning Code; and this gives an opportunity for the public to
appeal to the City Council, if need be.
Smith Smith asked if there are any trends or uncooperative institutions that sell
alcohol, whether off-site or on-site in the City that Tustin PD and the City do
not have leverage over. He also asked Lt. Green's opinion as to whether or
not he thinks the City will lose control with this proposed ordinance. Smith
asked City Manager, Jeff Parker, if this proposed ordinance would give any
economic stimulus to fulfill the City of Tustin's "Vision" for the community and
the City Council.
Green In response to Smith's question, Lt. Green stated that currently, there are no
trends or uncooperative institutions that sell alcohol within the City of Tustin
and he did not feel like the City would lose control with the proposed ordinance
either.
Parker To answer Smith's question, Parker stated that over the years, City staff has
been approached by businesses (i.e. microbreweries) that have shown interest
in moving into Tustin but were deterred because of the many City restrictions.
Staff, City Council, and the Planning Commission looked at some regulations
that could be loosened up. The City still wants to have control (i.e.
surveillance, rules and regulations) and having the ability to implement if the
City chooses to do so. City Manager Parker mentioned the off-site sales
versus restaurant and on-site sales from an economic development point of
view. The City was more focused on microbreweries, microwineries, and
restaurants and less concerned with off-site sales. Staff would feel open in
Minutes — Planning Commission March 13, 2018 — Page 8 of 13
dialog with the City Council and the Planning Commission in looking at the size
and requirements of these types of establishments, as well as off-site sales.
Smith Smith's additional questions were related to on-site versus off-site alcohol
sales and mentioned a microbrewery, as an example. He asked if a
microbrewery, that also sells alcohol off-site at the same time, if that
microbrewery would be considered off-site versus on-site, or both.
Binsack Per Smith's question on differentiating between off-site and on-site alcohol
sales, Binsack stated that it may be considered both off-site and on-site, but it
would depend on the percentage of off-site alcohol sales if it is an ancillary use
which is addressed in the proposed ordinance and the guidelines. She stated
that it would be addressed in the CUP.
Mason Mason made favorable comments regarding the proposed ordinance. She
also voiced her concerns which generally included: referred to No. 4 of the
guidelines (and that it is important for the City to be judicious of new
establishments); due to the partnership between staff and Tustin PD, she felt
confident that the City will conduct adequate reviews; benefit of on-site alcohol
sales; still had reservations about off-site alcohol sales; she asked her fellow
Commissioners if additional language could be put into the proposed
ordinance; if there would be an update in six (6). months on the number of
applications received; and supportive of how the resolution is written.
Lumbard Lumbard suggested that since his fellow Commissioners have voiced their
concern with off-site versus onsite proliferation, that as a Commission, they
support a stricter scrutiny of off-site establishments than on-site
establishments, rather than re -draft the ordinance and take a look at adding
off-site establishments where the Commission is more in support of on-site
establishments.
Smith Smith did not voice the same concern and was in favor of what was presented.
Thompson Thompson was in favor of the guidelines. Again he reminded his fellow
Commissioners that staff, City Council, and the Planning Commission, started
out with on-site establishments. He suggested to the Commission that they
stick to the original vision, original principles and relax the standards and
implement the guidelines, related to the on-site establishments. He suggested
keeping the standards stricter, or the old standards for off-site sales. Should
move ahead and go with what staff has recommended.
Kozak Kozak added to his previous comments which generally included: the process
was well thought out; the Commission should look more closely at the off-site
sales of alcohol within the context of this process; thanked Lt. Green and City
Manager Parker for being present; confident with the information staff
provided; the ordinance will be good for the community; and he would love to
see more on-site businesses (i.e. restaurants).
Lumbard Lumbard had an additional question with regards to the staff report and the
revocation process and procedure and how it would apply because it seemed
to be a quicker acting mechanism which was not in the TCC before. Lumbard
also mentioned the businesses recently revoked and the importance of having
certain language in the CUP to avoid problem businesses. Lumbard was not in
Minutes — Planning Commission March 13, 2018 — Page 9 of 13
favor of removing off-site sales, but emphasized the Commission's concern
with off-site sales of alcohol.
Binsack Per Binsack, what is proposed was approved by the City Attorney's office.
The process being that the Zoning Administrator would consider a minor CUP,
to expedite the process and anything that would be revoked, there would be a
recommendation to the Planning Commission, so individuals receive due
process, and the Commission's determination would be final. Normally, any
revocation goes to the City Council and their determination is final. In the
event an ABC CUP is revoked by the Commission, the next step for an
individual would be to go to Superior Court.
Thompson Thompson requested clarification that if the only change on off-site sales is
maintaining the 1,000 square foot separation and the 15,000 square foot
requirement, he suggested giving it a range of separation.
Parker City Manager Parker reiterated when he previously spoke on the potential
redevelopment of the Downtown (i.e. EI Camino Plaza or the vacant lot on
Sixth Street), currently under the TCC, it is not just distance from schools, it is
also distance from residential uses. If the Commission is only concerned
about schools, it may be something that does not impact economic
development because there are no schools in the Downtown Core, Market
Place, the District, or the Tustin Legacy.
Thompson Thompson then mentioned the residential component being removed.
Parker In response to Thompson, City Manager Parker could not speak to the land
use point of view, but from an economic point of view, which would be easier.
Binsack Binsack suggested if the Commission wants the ordinance modified, then it
should be returned to the Commission in a public hearing setting, with direction
from the Commission. Binsack was unsure as to the consensus of the
Commission.
Smith Smith asked his fellow Commissioner's to add their final comments for the
benefit of staff and for the Commission to consider.
Thompson Thompson wanted to see additional regulations on the off-site sales of alcohol.
Maybe retain some of what was restricted in the past, but was open to what
City Manager Parker stated regarding the residential not "fitting well" with
mixed-use was his concern.
Lumbard Lumbard was attempting to regain the Commission's focus and he asked staff
for direction on where the 1,000 foot rule is within the TCC. He stated that the
map provided did not reflect the current TCC. Lumbard added that the Code
Amendment is envisioning removing all of the distancing requirements but then
having these findings of appropriate use for the neighborhood. He stated the
findings were sufficient but understands Thompson's concerns with schools,
which he was willing to discuss further.
Binsack Binsack stated that there is a distancing requirement from other existing off-
site alcohol sales establishments as well.
Minutes — Planning Commission March 13, 2018 — Page 10 of 13
Willkom Willkom referred to Page 321 of the agenda packet for further clarification in
regards to off-site sales establishments. There are three (3) categories for
"distance and separation" which are three -hundred (300) feet from any
residential zone, six -hundred (600) feet from other sensitive uses (i.e. schools,
parks, playgrounds) and five -hundred (500) feet away from any other off-site
sales establishments. This was based upon the direction staff received that
they were to remove all distance separation, with the exception of schools.
Mason Mason was in favor of what was being recommended, but her concern was off-
site alcohol sales near schools. She asked the Commission if the change they
were asking for is off-site related to schools and leaving a distancing
requirement.
Kozak Kozak added to Mason and Thompson's comments with regards to the three -
hundred (300), six -hundred (600) and five -hundred (500) foot minimum
distance regulations if 1,000 feet away from schools could be added.
Thompson Per Kozak's question, Thompson thought adding a fourth number would make
the ordinance more restricted. He stated that the Commission, collectively,
was all in agreement with on-site sales applications. It appears it is only the
off-site sales that they did not agree with.
Binsack Binsack suggested to the Commission two (2) options: that the Commission
make a recommendation of the ordinance as presented to the City Council,
and provide a report to the City Council which explains the Commission's
concerns with off-site alcohol sales or continue the item and staff can bring
back to the Commission the distancing implications if the Commission left the
minimum distances related to sensitive uses (i.e. schools) which would be very
restrictive.
The majority of the Commission's concern was with the off-site alcohol sales.
The Commission would like to separate the on-site and off-site alcohol sales.
For on-site, the Commission accepts the recommendation by staff with the
draft ordinance and recommendations, but there is reservation with off-site
sales due to the potential of negative impacts and that it should be treated with
more sensitivity. If the Commission and the City Council had a map to look to
show what the concentration and sensitive uses are, then it might clarify some
concerns.
Binsack Binsack further explained that if the City Council identifies similar concerns,
they can send that portion of the ordinance back to the Commission for their
consideration and further deliberation.
Thompson Thompson's final opinion from the Commission's comments/concerns
previously stated were as follows:
• For on-site alcohol sales, the Planning Commission accepts the
recommendation by staff with the draft ordinance and the guidelines;
and
• There is reservation about off-site alcohol sales, in particular, the
residentially zoned sensitive uses the Commission would like to retain.
Minutes — Planning Commission March 13, 2018 — Wage 11 of 13
Per Binsack, she wanted to ensure she communicated the Commission's
desires to the City Council, so she captured the following from the
Commission's collective concerns:
• The Commission would adopt the recommendation that is before them
with the concerns that the City Council understands the Commission's
concern related to off-site consumption of alcohol and the relationship
to overconcentration related to residential uses, other on-site alcohol
sales as well as other sensitive uses.
• Removing the residential five -hundred (500) foot separation from off-
site establishments.
• That staff provide supplemental information to the City Council of what
keeping those distancing requirements would look like for off-site
establishments (via a map).
Motion: It was moved by Lumbard, as amended, with a report to the City Council that
the Commission had serious concerns about over proliferation of off-site
alcohol sales establishments and distancing requirements from sensitive uses
for off-site alcohol sales establishments, not including residentially zoned use
properties. Seconded by Kozak. Motion carried 5-0.
None. REGULAR BUSINESS:
STAFF CONCERNS:
Binsack None.
COMMISSION CONCERNS:
Thompson Thompson completed the City's Email Policy Training on March 12, 2018.
Mason No concerns.
Lumbard Lumbard attended the following:
2/17 Lumbard was a judge for the Miss Tustin Pageant --
Congratulations to Relpa Raena Ramirez!
• 2120 Red Hill Specific Plan Joint Workshop
• 2122 Ducl4Dux and in =fYGk Tux Gala at the Honda Center for
underprivileged- children
• 2125 Tustin's Sip and Swirl
• 317 Ribbon cutting for the Orange County Animal Care Facility
• 3111 Ran the Tustin Hangar Half
Lumbard wished everyone a Happy Saint Patrick's Day!
Lumbard requested that the meeting be adjourned in honor of Master Sergeant
Del Pickney.
Kozak Kozak attended the following:
Minutes -- Planning Commission March 13, 2018 — Page 12 of 13
ATTACHMENT D
ORDINANCE NO. 1493
ORDINANCE NO. 1493
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY
CODE ARTICLE 9 CHAPTER 2, SECTIONS 9232a1.(a),
9241a1., 9252j3.(c), 9271dd, AND 9299(3)(8) RELATING
TO ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS.
The City Council of the City of Tustin does hereby ordain as follows:
Section 1. The City Council finds and determines as follows:
A. The Zoning Code, 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
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 ten (10) percent or less sales area of alcoholic beverages) and
provide a process for issuance and/or revocations of Conditional Use Permits
for sales establishments.
Ordinance No. 1493
Page 2
G. That on March 13, 2018, a public hearing was duly noticed, called, and held on
Code Amendment 2017-003 and the Alcoholic Beverage Sales Establishment
Guidelines by the Planning Commission.
H. That on March 13, 2018, the Planning Commission adopted Resolution No.
4360, recommending that the City Council adopt Ordinance No. 1493,
approving Code Amendment 2017-003 relating to alcoholic beverage sales
establishments and adopting new Alcoholic Beverage Sales Establishment
Guidelines, to become effective contingent upon the City Council's approval of
Code Amendment 2017-003.
I. That on April 17, 2018, a public hearing was duly noticed, called, and held on
Code Amendment 2017-003 by the City Council.
J. That the proposed code amendment is 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.
K. That the proposed code amendment is 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.
Section 2. Section 9232a1.(a) of Part 3 of Chapter 2 of Article 9 of the Tustin City
Code is hereby amended to read as follows (new text underlined; deleted
text in strikeout):
Alcoholic beverage sales (off-site) located within a building and permitted
business with at least 16,000 10,000 square feet of gross floor area and where
the alcoholic beverage sales area within the building occupies no more than 10
percent of the gross floor area.
Section 3. Section 9241 a1. of Part 4 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined; deleted text in
strikeout):
Ordinance No, 1493
Page 3
Alcoholic beverage sales (off-site) located within a building and permitted
business with at least 46,900 10,000 square feet of gross floor area and where
the alcoholic beverage sales area within the building occupies no more than 10
percent of the gross floor area.
Section 4. Section 9252j3.(c) of Part 5 of Chapter 2 of Article 9 of the Tustin City
Code is hereby amended to read as follows (new text underlined; deleted
text in strikeout)
Pipe and tobacco shops
Lamp shops
Wine tasting rooms/M--micro-winery
and/or beer tasting rooms/micro-
Yardage goods
brewe (subject to distanGe
equiromeRtS iti Section 9271dd)
I
Leather goods
Knit shops
Candle shops
Ice cream shops
Boutique
Jewelry shops
Coffee shops
Wrought iron ware
Ethnic restaurants
Art galleries
General offices i i
(Spanish, Mexican,
(if located on any floor above and if
French, German)
less than 50 percent of total area are
occupied by general offices, consistent
with Section 9233a(1)(g)
Hobby shops
Delicatessens
Photographer's studios
Antique shops
China and crystal
Gift shops
Section 5. Section 9271dd of Part 7 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined; deleted text in
strikeout):
Alcoholic beverage sales establishments
Subject to the Planning Commission's Alcoholic Beverage Sales
Establishments Guidelines and the following Griteria standards:
...NO.
I I_ �..
Ordinance No. 1493
Page 4
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Ordinance No. 1493
Page 5
(1) Except as otherwise provided, no establishment may sell alcoholic
beverages for either on- or off-site„ consumption unless a Conditional Use
Permit has been approved by the Zoning Administrator for such
establishment.
(2) No Conditional Use Permit shall be required for off-site alcoholic
beverages sales establishments that are located within a building and
permitted business with at least ten thousand (10,000) square feet of
gross floor area and where the alcoholic beverage sales area within the
building occupies no more than ten (10) percent of the gross floor area.
(3) All establishments selling alcoholic beverages shall comply with the,
Alcoholic Beverages Sales Establishments Guidelines adopted by
Planning Commission Resolution. The Zoning Administrator may waive,
modify, or impose additional conditions of approval deemed necessary
and appropriate provided that the waiver, modification and/or additional
conditions achieve the purpose, intent, and findings provided in the
Guidelines.
(4) The establishment hours of operation may extend until 2:00 a.m. daily
unless otherwise restricted „ by the _City of Tustin and/or California
Department of Alcoholic Beverage Control.
(5) On-site Sales Establishments shall offer food service at all times. Food
service options shall include foods that are prepared on-site, prepackaged
foods, and/or provided pursuant to an agreement with food vendors.
(6) Any Conditional Use. Permit granted in accordance with this Section may
be revoked by the Planning Commission in the manner herein set forth if
the establishment creates undue burden on the surrounding area, the
Tustin Police Department, Code Enforcement and if anv of the conditions
of approval are violated.
(7) An establishment shall be considered to have created an undue burden to
the surrounding area and/or City resources if any of the following occur:
a. Issuance of three (3) Notices of Violation or Citations
twelve (12) month period either from the Community Development
Department, Police Department, and/or Fire Marshall;
b. The imposition of disciplinary action or finding of violation by the
Department of Alcoholic Beverage Control;
c. Six (6) documented instances within a twelve (12) month period of
activities detrimental to the public health, safety, and/or welfare of
Ordinance No. 1493
Page 6
persons __residing, visiting, or working in the neighborhood or
incurious to the property or improvement in the area; and/or
d. Any critical incident occurring on or in the premises or in connection
with the operation on the premises, as determined by the
Community Development Director in consultation with the Police
Department.
(8) Upon the determination that the establishment has caused an undue
burden, upon violation of any provision of this Section, or upon failure to
comely with the conditions of approval, or in the event that the Conditional
Use Permit is abandoned for a twelve (12) month period, the Community
Development Director shall issue a Notice of Intent to revoke such permit.
The Notice of Intent to revoke such permit shall be provided to the
Property owner and business owner at least ten (10) days prior to a
Revocation public hearing. The Notice of Intent shall state why the
approved Conditional Use Permit should be revoked and provide the
grounds upon which it is proposed to revoke the Conditional Use Permit
for the approved establishment.
(9) The Planning Commission shall hold a public hearing prior to revocation of
the Conditional_ Use Permit. The Planning Commission may revoke the
Conditional Use Permit issued under the provisions of this Section for
any of the following reasons:
a. Where the Planning Commission has found and determined that
the preservation of the public health, safety, and welfare demand
revocation or suspension of the permit;
b. Where the establishment has violated any provisions of the Tustin
City Code or Statutes of the State of California or of the United
States of America;
Where Conditional Use Permit granted in accordance with this
Section, is transferred to a new applicant and the new applicant
fails to sin 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.
d. Where a_Condition_al Use Permit has been issued in reliance on
false statements in the application;
e. Where the establishment has violated any of the terms and
conditions of approval of the Conditional Use Permit;
Ordinance No. 1493
Page 7
f. Where the establishment has caused undue burden on the
surrounding_ area, the Police Department, Code Enforcement, and
anv other Citv resources: and/or
g. Where the use or activity for which the Conditional Use Permit
was granted has ceased or has been suspended for one 1 year
or more.
(10) A decision of the Planning Commission at the conclusion of the
Revocation hearing shall be final.
Section 6. Section 9299b(3)(g) of Part 9 of Chapter 2 of Article 9 of the Tustin City
Code is hereby amended to read as follows (new text underlined; deleted
text in strikeout):
OA-site-aAlcoholic beverage sales establishments';^e„ce fdr resta4ra4#
Section 7. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Tustin hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this 17t` day of April, 2018.
ELWYN A. MURRAY
MAYOR
ATTEST:
ERICA N. RABE, CITY CLERK
Ordinance No. 1493
Page 8
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF TUSTIN }
CERTIFICATION FOR -ORDINANCE NO. 1493
Erica N. Rabe, 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 five; that the above and foregoing Ordinance No. 1493
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the 3rd day of April, 2018, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 17th day of
April, 2018, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Rabe, City Clerk
Published:
ATTACHMENT E
ALCOHOLIC BEVERAGE SALES GUIDELINES
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.
Pow:
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:
Definitions
II. Permit Process
111. Findings
IV. Standard Conditions of Approval
Alcohollc 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.
11. 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.
111. Required Findings
In considering applications for alcoholic beverage sales establishments, the Zoning
Administrator shall find the following:
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.
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
Alcoholic Beverages Sales Guidelines
Page 2
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:
All On- and Off-site Alcoholic Beverage Sale Establishments
a. 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.
b. 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.
c. 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.
d. No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the Tustin City Code.
e. 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."
...... ...... .
Alcoholic Beverages Sales Guldellnes
Page 3
f. 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.
g. 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.
h. 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.
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.
j. 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,
k. 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
alcoholic Beverages Sales Guidelines
Page 4
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.
I. 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.
m. 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.
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. 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.
d. 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.
e. 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.
f. 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.
Alcoholic Beverages Sales Guidelines
Page 5
g. There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
h. There shall be no requirement for patrons to purchase a minimum number
of alcoholic drinks.
Games or contest requiring or involving consumption of alcoholic beverages
shall be prohibited.
j. 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.
k. 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.
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.
m. 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.
n. 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.
o. 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.
p. 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 Guidellnes
Page 6
q. 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:
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.
ii. Procedures for handling obviously intoxicated persons.
iii. 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.
iv. 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).
v. Procedures for verifying the age of patrons for purposes of alcohol
sales.
vi. 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.
vii. Procedures for calling the police regarding observed or reported
criminal activity.
viii. Procedures for management of queuing lines.
ix. The location and description of any video games proposed to be on
the premises.
3. Off-site alcoholic beverage sale establishments
a. No person under the age of twenty-one (21) shall sell or deliver alcoholic
beverages.
b. 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.
Alaohoiic Beverages Sales Guidelines
Page 7
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.
L 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.
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
Page 8
ATTACHMENT F
REDLINED TCC SECTION 9271 dd
ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS
ARTICLE 9 — LAND USE
CHAPER 2—ZONING
PART 3 — COMMERCIAL DISTRICTS
9232 - RETAIL COMMERCIAL DISTRICT (C-1)
a
Permitted Uses
In the Retail Commereal District (Cl), only the following uses (or uses which, in the opinion of the
Community Development Director and/or the Planning Commission, are similar) will be allowed subject to
the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.
1. General retail businesses, exemplified by the following list, when conducted within a building:
(a) Alcoholic beverage sales (off-site) located within a building and permitted business with at
least 15,990 10,000 square feet of gross floor area and where the alcoholic beverage sales
area within the building occupies no more than 10 percent of the gross floor area.
(b) Antiques and curios.
(c) Appliance stores (including repairs).
(d) Art galleries,
(e) Bakeries.
(f) Bicycle sales (including repairs).
(g) Books and stationeries.
(h) Ceramics (not including molding, casting or manufacturing by any process).
(i) Clothing.
(j) Confectioneries.
(k) Department stores.
(1) Drug stores (including sundries and notions).
(m) Dry goods.
(n) Florist shops.
(o) Food markets.
(p) Furniture sales (new or used/consignment).
(q) Hardware stores.
(r) Household goods and furnishings.
(s) Jewelry stores (including repair and watch making).
(t) Leather goods.
(u) Musical supplies and instruments.
(v) News stands.
(w) Office supplies and equipment.
(x) Paint and wallpaper supplies.
Page 1
(y) Religious supplies.
(z) Secondhand sales without pawn.
(aa) Shoe stores.
(bb) Sporting goods (not including boat and motor sales).
(cc) Variety stores/gift shops.
2. Service businesses, exemplified by the following list, including any retail sales incidental
thereto, when conducted within a building:
(a) Banks, financial institutions and savings and loans (including those providing drive-thru
service).
(b) Barber shops.
(c) Beauty parlors.
(d) Body art facilities (as defined in Section 3141, and subject to the requirements of Part 4 of
Chapter 1 of Article 4).
(e) Dry-cleaning or laundry agencies (pick-up and delivery only).
(f) Equipment rental business conducted within a building (light materials, i.e. party supplies,
household appliances, small household tools, medical equipment, etc.).
(g) Instructional Studios.
(h) Laundromats or other self-service laundering facilities.
(i) Locksmiths.
0) Massage establishments.
(k) Pet Grooming.
(1) Reprographics.
(m) Restaurants (not including drived nsldrive-thru).
(n) Reverse vending machines (as defined by and subject to the provisions set forth in Section
9271(bb)).
(o) Seamstress or millinery shops.
(p) Shoe or luggage repair shops.
(q) Smog check stations with service bays in conjunction with approved service station.
(r) Tailor shops.
(s) Travel agencies.
(t) Tutoring facilities.
3. Office uses, including professional and general (as defined in Section 9297 and subject to the
provisions set forth in Section 9271(ee)).
b
Conditionally Permitted Uses
The following uses (or any other uses which, In the opinion of the Community Development Director
and/or the Planning Commission, are similar) may be conditionally permitted in the Retail Commercial
District (C1) subject to the issuance of a Conditional Use Permit and subject to the development
standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.
Page 2
1. Adult entertainment booking agencies (as defined in Section 3141 and subject to the provisions
set forth in Chapter 9).
2. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271(dd)
and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
3. Animal hospitals or clinics (small animals).
4. Automotive supplies (installation of minor replacement parts and accessories within an enclosed
building).
5. Bakeries (wholesale).
6. Bowling alleys.
7. Bulk reverse vending machines subject to the provisions of Section 9271(bb).
8. Car Wash.
9. Clubs and social halls.
10. Convenience stores.
11. Day care centers (subject to Section 9271(aa)2).
12. Donation centers ancillary to permitted and conditionally permitted commercial retail
businesses.
13. Drive-thru Facilities (Drive-in and Drive-thru).
14. Fortune-telling businesses (as defined in Section 3141).
15. Fraternal organizations and lodges.
16. Gymnasiums and health clubs.
17. Hotel and Motels.
18, Large Recycling Locations occupying a permanent building or store front as defined by and
subject to the provisions set forth in Section 9271 (bb).
19. Mortuaries.
20. Office uses (new), development or construction of new building structures where more than fifty
(50) percent of the total floor area or any portion of the ground floor area is designated for use
by professional or general offices (as defined in Section 9297) subject to office use criteria as
set forth in Section 9271(ee).
21. Parking lots (commercial).
22. Places of worship.
23. Rest homes, extended care facilities, convalescent hospitals, and sanitariums,
24. Public schools and uses, private schools.
25. Service stations.
(a) Maximum height: 35 feet.
(b) Minimum building site: 10,000 square feet.
(c) Minimum lot width at property line: 100 feet.
(d) Maximum lot coverage by building or structures: 50 percent.
(e) Minimum front yard setback: 15 feet unless otherwise indicated on zoning Map.
(f) Minimum side yard setback: 8 feet.
Page 3
26. Specialty stores.
27. Theaters.
c
Development Standards
None of the above listed uses or any other use determined to be permitted shall maintain any
outside storage or work areas.
d
Use Criteria -Office Development
Office developments within the Retail Commercial District (Cl) shall be constructed to conform
with the parking standards for retail commercial uses on the first floor area of the building unless
otherwise specifically exempted pursuant to the approved conditional use permit.
Findings, including, but not limited to, the following, shall be made by the Planning Commission
prior to approving a Conditional Use Permit for construction of a building where greater than fifty
(50) percent of the total floor area, or any portion of the ground floor area is designated for office
use.
(a) Development or construction of professional or general office buildings would be more
compatible with the surrounding uses in the area than permitted retail commercial uses on
the subject property.
3. Development or construction of buildings restricted to a mixture of uses in which the retail
commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office
development use criteria.
(Ord. No. 1429, Sec. 11. 13, 5-21-13)
Prior History -Ord. No. 157, Sec. 4.7; Ord. No. 264, See. 1; Ord. No. 293, Sec. 1; Ord. No, 339,
Sec. 2, 8-6-01; Ord. No. 407; Ord. No. 699, Sec. 1; Ord. No. 896, Secs. 2, 3, 4,11-21-83; Ord.
No. 920, Sec. 1, 11-19-84; Ord. No. 958, Sec. 1, 1-20-86; Ord. No. 981, Sec. 1, 5-4-87; Ord. No.
993, Sec. 2, 9-8-87; Ord. No. 1101, Sec. 1E, 11-16-92; Ord. No. 1161, Sec. 1A, 1-2-96; Ord. No.
1230, Sec. 2, 6-19-00; Ord. No. 1237, Sec. 2, 6-4-01; Ord. No. 1240, Sec. 2, 8-6-01; Ord. No.
1317, Sec. 11, 9-18-06; Ord. No. 1101, Sec. IA, 11-16-92; Ord. No. 1367, Sec. 1I, 4-6-10; Ord.
No, 1380, Sec. V, 6-15-10; Ord. No. 1407, Sec. V, 11-15-11
PART 4 - INDUSTRIAL AND OTHER DISTRICTS
9241 - PLANNED INDUSTRIAL DISTRICT (PM)
a
Permitted Uses
The following uses (or uses which, in the opinion of the Community Development Director and/or the
Planning Commission are similar) will be allowed in the Planned Industrial District (PM) subject to the
development standards identified in Table 1 of Section 9240 and/or as specified in this Chapter:
Alcoholic beverage sales (off-site) located within a building and permitted business with at least
16,900 10,000 square feet of gross floor area and where the alcoholic beverage sales area
within the building occupies no more than 10 percent of the gross floor area.
Book binding.
Page 4
3. Bulk merchandise sales.
4, Ceramic and plastic fabrication.
5. Chemical laboratories.
6. Delicatessens.
7, Design and development.
8. Distributors of electronic, electrical, and electromechanical products.
9. Finished paper products.
10. Food (and kindred products) manufacturing or storage.
11. Laboratories for research and development.
12. Leather products.
13. Light industrial, research and development, and manufacturing uses which do not maintain
greater than fifty (50) percent of their gross floor area for office purposes.
14, Office uses - including administrative and professional offices (as defined in Section 9297) that
are accessory to permitted uses (subject to the provisions set forth in Section 9271ee).
15. Outside storage (in conjunction with permitted use) enclosed in minimum of six-foot high solid
fence.
16. Parking lots.
17. Pharmaceutical products.
18, Photography and printing plants.
19. Precision machine shop.
20. Prototype weapons and fabrication of components.
21. Public utility uses (except the storage of flammable fuel products).
22. Scientific instrument manufacturing.
23. Textile and furniture manufacturing.
b
Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development Director and/or the
Planning Commission, are similar) may be permitted in the Planned Industrial District (PM) subject to the
issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of
Section 9230 and/or as specified in this Chapter.
1. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271dd
and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments
2. Offices (greater than 50 percent of gross floor area)
(Ord. No. 1429, Sec. IL 18, 5-21-13)
Prior History—Ord. No. 157, Sec. 4.11; Ord. No. 307, See. 2; Ord. No. 599; Ord. No. 963, Sec.
21), 1-20-86; Ord, No. 1003, Sec. 1, 3-21-88; Ord. No. 1230, § 2, 6-19-00; Ord. No. 1240, Sea
2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1367, See. II, 4-6-10
PART 5 - COMBINING AND OVERLAY DISTRICTS
Page 5
9252 - CULTURAL RESOURCE DISTRICT (CR)
a
Purpose
Tustin has played a vital role in the history of Orange County and has retained a rich and unique
cultural heritage. It is hereby declared as a matter of public policy that the recognition, preservation,
protection and use of culturally significant structures, natural features, sites and neighborhoods within the
City of Tustin is required in the interest of the health, safety, prosperity, social and cultural enrichment and
general welfare of City residents. The purpose of Cultural Resource District is to:
Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features
which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social,
natural and engineering heritage.
2. Encourage public knowledge, understanding and appreciation of the City's past.
3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and
use of cultural resources.
4. Promote the private and public enjoyment, use and preservation of culturally significant
neighborhoods, structures and sites appropriate for the education and recreation of the citizens
of Tustin and visitors to the City.
5. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic
appeal of the City.
6. Enhance property values and increase economic and financial benefits to the City and its
inhabitants.
7: Assure that new construction and subdivision of lots in the Cultural Resource District are
compatible with the character of the district.
8. Identify as early as possible and resolve conflicts between preservation of historic and cultural
resources and alternative land uses.
b
Applicability
The Cultural Resource District is an overlay district and shall apply to those properties as shown
on the official Tustin Zoning Map and to those cultural resource structures and sites as may be
designated by resolution of the City Council and listed by address and filed with the Department
of Community Development.
2. The zoning district map shall be amended to indicate the application of the Cultural Resources
District. The designation CR shall be added after the underlying zoning designation.
3. The requirements of this section shall be considered in conjunction with the requirements of the
underlying district. If a conflict exists between the requirements of the underlying district and this
section the requirements of this section shall apply.
c
Planning Commission
The Planning Commission shall advise the City Council on all matters relating to historic and cultural
resources, including without limitation, matters affecting the establishment of a Cultural Resource District,
designation of Cultural Resources, and as a liaison between residents, property owners, 'and the City
Council within a Cultural Resources District. In performing its historic and cultural resources duties, the
Planning Commission shall not exercise any independent final decision-making authority or expend city
funds. Actions of the Commission shall not be considered actions of the City and shall not be represented
as such.
Page 6
d
Cultural Resource Designation Criteria
For the purposes of this section, an improvement or natural feature may be designated a cultural
resource by the City Council, and any area within the City may be designated as a Cultural Resource
District by the City Council if it meets the following criteria:
1. It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic, social,
economic, political, artistic, engineering and or architectural heritage; or
2. It is identified with persons, a business use or events significant in local, state, or national
history; or
3. It embodies distinctive characteristics of style, type, period, or method of construction, or is a
valuable example of the use of indigenous materials or craftmanship; or
4. It is representative of the notable work of a builder, designer, or architect; or
5. Its unique location or singular physical characteristic represents an established and familiar
visual feature of a neighborhood, community or the City; or
Its integrity as a natural environment or feature strongly contributes to the well being of
residents of the City or the well being of a neighborhood within the City; or
It is a geographically definable area possessing a concentration or continuity of site, buildings,
structures or objects as unified by past events or aesthetically by plan or physical development.
e
Cultural Resource Designation Procedures
Cultural Resource Districts and Designated Cultural Resources shall be established by the City
Council as follows:
Any person may request the designation of an improvement as a cultural resource or the
designation of a Cultural Resource District by submitting an application for such designation to
the Community Development Director. The Committee or City Council may also initiate such
proceedings on their own motion.
The Community Development Director or City Council shall refer the proposed request to the
Committee for their study, review and recommendation,
The Committee shall conduct a study of the proposed designation and make a preliminary
determination based on such documentation as it may require as to its appropriateness for
consideration. If the Committee determines that the application merits consideration, but only if
it so determines, it shall schedule and notice a public hearing.
The Committee's decision to schedule or not to schedule a public hearing shall be in writing and
shall be filed with the Community Development Department. Notice of a decision not to
schedule a public .hearing shall be given by mail to the applicant. No permits for alteration,
demolition or removal of any improvement, building or structure within the proposed Cultural
Resources District or relative to a proposed cultural resource shall be issued while the public
hearing or any appeal related thereto is pending.
5. In the case of a proposed Designated Cultural Resource, notice of the date, place, time and
purpose of the hearing shall be given by first class mail to the applicant, property owner, and
occupants of the improvement at least ten (10) days prior to the date of the public hearing,
using the name and address of such owners as shown on the latest equalized assessment rolls,
and shall be advertised once in a newspaper of general circulation.
In the case of a proposed Cultural Resources District, notice of the date, place, time and
purpose of the hearing shall be given by first class mail to the applicant, property owners and
occupants of all properties within the proposed district at least ten (10) days prior to the date of
Page 7
the public hearing, using the name and address of such owners as shown on the latest
equalized assessment rolls, and shall be advertised once in a newspaper of general circulation.
7. At the conclusion of the public hearing, but in no event more than thirty (30) days from the date
set for the initial public hearing for the designation of a proposed Cultural Resource or Cultural
Resource District, the Committee shall recommend approval in whole or in part, or disapproval
in whole or in part of the application in writing. In the case of a proposed Cultural Resource
District, the Committee's recommendation shall be forwarded to the Planning Commission who
shall follow all zoning Amendment procedures contained in the Tustin Municipal Code
considering establishment of the Cultural Resource District. In the case of designation of a
Cultural Resource or site, the Committee's recommendation shall be transmitted directly to the
City Council.
8. The City Council, after receipt of the recommendations from the Planning Commission for
designation of a Cultural Resource District, shall by ordinance approve the application in whole
or in part, or shall by motion disapprove it in its entirety. In the case of designation of a Cultural
Resource recommended by the Committee the City Council shall by resolution approve the
application in whole or in part of, or by motion disapprove the request.
9. Failure to send any notice by mail to any property owner where the address of such owner is
not a matter of public record shall not invalidate any proceedings in conjunction with the
proposed designation.
10. As soon thereafter as reasonably possible the Community Development Department shall send
by first class mail a copy of the Ordinance designating a Cultural Resource District or a certified
copy of the resolution designating a Cultural Resource to the property owner or owners in the
District or the property owner or owners of the Cultural Resource, as applicable.
11. Amendment, revision or deletion of a designation may be accomplished by following the above
procedures.
f
Certificate of Appropriateness Required
A Certificate of Appropriateness shall be required prior to:
(a) Alteration of the exterior features of a building or site within a designated Cultural Resource
District, or alteration of a Designated Cultural Resource, or construction of improvements
within a designated Cultural Resources District requiring a City building permit.
(b) Demolition or removal of any Designated Cultural Resource or of any improvements in a
Cultural Resource District.
(c) A certificate of appropriateness shall not be required for the following: (1) ordinary
maintenance or repairs that do not involve a change in design, exterior material or original
appearance of an improvement, nor (2) any construction, reconstruction, alteration or
removal of any feature which has been determined by the Building Official to be necessary
to protect the public health or safety due to an unsafe or dangerous condition provided the
Building Official certifies such action.
9
Procedure for Certificate of Appropriateness
Application for a Certificate of Appropriateness shall be made on forms provided by the
Community Development Department and shall contain whatever detailed information (plans,
drawings, agreements, photographs, etc.) as is determined by the Community Development
Department to be necessary for the Department to act on the request. Where the proposed
project requires other discretionary approvals such as a tentative tract map, the background
information shall also be concurrently submitted to the Department on each of these
applications.
Page 8
Applications for Certificate of Appropriateness shall comply with the California Environmental
Quality Act (CEQA).
The Community Development Director shall have the authority to approve, approve with
conditions, or deny Certificates of Appropriateness for improvements requiring a City building
permit. In reviewing applications for a Certificate of Appropriateness, the Community
Development Director may consult with and receive the advice and recommendation of the
Planning Commission, in their capacity as the Historic Resource Committee, prior to rendering a
decision. (Ord. No. 1429, Sec. 11.27, 5-21-13)
4. Any person may appeal any decision of the Director of Community Development or Planning
Commission in accordance with Section 9294 of this Code (Appeals).
A Certificate of Appropriateness shall lapse and become void one (1) year following the date on
which the certificate was approved unless the conditions of the approval specify a lesser or
greater time or unless, prior to such expiration date, a building permit is issued by the Building
Official and construction is commenced and diligently pursued toward completion on the site
which was the subject of the application. A Certificate may be renewed for an additional period
of one (1) year or for a lesser or greater period provided that prior to the expiration of the time
period granted, an application for renewal of the permit is filed with the Community
Development Department. The Community Development Director may approve, approve with
conditions or deny an application for renewal of a Certificate of Appropriateness; such decision
may be appealed as set forth in paragraph 4 above.
Any Certificate of Appropriateness granted in accordance with the terms of this section may be
revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms
of such Certificate are violated or upon violation of any applicable provisions of this section.
Before the Council considers revocation of any Certificate of Appropriateness, the Planning
Commission shall hold a hearing thereon after giving written notice thereof to the permittee at
least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission
shall transmit a report of its findings and its recommendations on the revocation to the City
Council who will act on the matter.
h
Required Findings for Construction or Alteration
The following findings are required for issuance of a Certificate of Appropriateness for alteration of
Designated Cultural Resources, or for construction of improvements within a Cultural Resource District.
No Certificate shall be issued if the findings cannot be made. For work on a Designated Cultural
Resource within a Cultural Resource District, the required findings for both the resource and district shall
be made.
Alteration of a designated cultural resource:
(a) The proposed work will not detrimentally alter, destroy or adversely affect the resource
and, in the case of a structure, is compatible with the architectural style of the existing
structure.
(b) The proposed modification will retain the essential elements which make the structure, site
or feature culturally significant.
Construction of improvements in a Cultural Resource District.
(a) The proposed work conforms to the Municipal Code and design standards which may be
established from time to time by the Historic Resource Committee.
(b) The proposed work does not adversely affect the character of the district or Designated
Cultural Resources within the district.
Page 9
(c) The proposed work is harmonious with existing surroundings. The extent of harmony shall
be evaluated in terms of appropriateness of materials, scale, size, height, placement and
use of a new building or structure in relationship to existing buildings and structures and
the surrounding setting.
i
Findings and Additional Permit Procedures for Demolition, Removal or Relocation of
Designated Structures or Structures Constructed Prior to 1940:
A Certificate of Appropriateness for the demolition of a Designated Cultural Resource shall not
be approved unless the Community Development Director or, on appeal, the City Council finds
that one (1) or more of the following conditions exist:
(a) The structure/site is a hazard to public health or safety and repairs or stabilization are not
physically possible.
(b) The site is required for a public use which will be of more benefit to the public than the
Cultural Resource, and there is no feasible alternative location for the public use.
(c) For a Designated Cultural Resource only:
(1) It is not feasible to preserve or restore the structure, taking into consideration the
economic feasibility of alternatives to the proposal.
(2) The proposed replacement structure does not detract from the neighborhood.
(d) Reconstruction or restoration is not economically feasible or practical.
2. No person shall carry out or cause to be carried out any demolition, removal or relocation of a
Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940
without first receiving a demolition or relocation permit from the City. Such permit shall not be
issued unless one of the following events has occurred and in the case of a demolition the
applicant has complied with i.3 below:
(a) A Certification of Appropriateness has been approved by the Community Development
Director or by the City Council on appeal; or
(b) A period of 180 days has expired from the date of the Community Development Director's
denial of the Certificate of Appropriateness, and there has been no City Council appeal.
(c) A period of 180 days has expired from the date of City Council denial of a Certificate of
Appropriateness.
3. In addition to the above requirement, no demolition permit or relocation permit shall be issued
for the demolition or relocation of a Designated Cultural Resource or structure within a Cultural
Resource District built prior to 1940 until a Certificate of Appropriateness and City building
permit has been issued for a replacement structure or as otherwise approved by the Director of
Community Development. (Ord. No. 1429, Sec. 11.28, 5-21-13)
i
Design Criteria and Development Standards
The City Council may establish, promulgate and adopt by resolution, design criteria and
standards for properties as are necessary to supplement the provisions of this section as a
guide to evaluate applications for Certificates of Appropriateness, said criteria may include, but
not be limited to, the following:
(a) Acceptable materials for new construction such as stucco, masonry, metal, and glass
curtain;
(b) Appropriate architectural character, scale, and detail for new construction;
Page 10
(c) Acceptable appurtenances to new and existing structures such as gables, parapets,
balconies and dormers;
(d) Acceptable textures and ornamentation such as paint colors and types, use of wood,
stone, metal, plaster, plastics, and other man-made materials, use of shutters, wrought and
cast iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other
details or architectural ornamentation;
(e) Acceptable accessories on new or existing structures such as light fixtures, gas lights,
canopies, exterior carpentry, tile or wood, signs, banners, flags and projections.
2. Residential standards
(a) Permitted uses:
(1) All uses shall be permitted in the Cultural Resources Overlay District as are
authorized in the underlying Residential District.
(2) The City Council may also permit other nonlisted uses which support the purposes of
the district as a conditional use following a public hearing and recommendation by the
Planning Commission.
(3) Second residential units
(a) Maximum height: 30 feet.
(b) Minimum building site: None.
(c) Maximum overall lot coverage for all structures combined: 50 percent.
(d) Maximum lot coverage for the second residential unit: None.
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit.
(f) Minimum front yard setback for off-street parking: 20 feet.
(g) Minimum side yard setback: Corner lot line: 10 feet; interior lot line: 5 feet.
(h) Minimum rear yard setback: 5 feet.
(i) Maximum floor area of second residential unit: 50 percent of primary single-
family dwelling, not to exceed 600 square feet.
(j) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single-family dwelling and shall not detract
from the single-family appearance of the primary single-family dwelling.
(k) The second residential unit shall not cause a substantial adverse change, as
defined in California Public Resources Code Section 5020.1, in the significance
of any real property that is listed in the California Register of Historic Places or
the City of Tustin Historical Resources Survey.
(1) The second residential unit shall be constructed concurrently with, or
subsequently to, the primary single-family dwelling, which shall be conforming or
brought into conformance with the Tustin City Code.
(m) All entrances to the second residential unit shall be to the rear of the primary
single-family dwelling and shall not be visible from the public right-of-way.
(n) When the new residential unit is built between the existing single-family dwelling
and the front property line, the rear unit must comply with the provisions of this
section.
(Ord. No. 1454, Sec. 4, 9-15-15)
Page 11
(b) Site development standards (applicable to creation of new lots only):
(1) Minimum single-family lot size: 10,000 square feet.
(2) Minimum multiple -family lot size: 15,000 square feet.
Development of existing lots within the CR District may proceed consistent with the
underlying residential zoning district. (Ord. No. 1207, Sec. 2, 11-16-98)
(c) Prohibited uses
Accessory buildings used as guest quarters. (Ord. No. 1454, Sec. 5, 9-15-15)
3. Commercial standards
(a) Permitted uses:
(1) All uses shall be permitted in the Cultural Resource District as are authorized in the
underlying commercial district. The City Council may also permit other nonlisted uses
which support the purpose of the district as a conditional use following a public
hearing and recommendation from the Planning Commission.
(b) Limitations on permitted uses:
(1) No merchandise shall be displayed nor advertised for sale on or over public right-of-
way. This section is not to be construed as restricting nor limiting the outside display
and sale of merchandise on private property within the district.
(c) Authorized and encouraged uses:
The following uses are authorized and encouraged with the interest of creating a
commercial village atmosphere:
Pipe and tobacco shops
Lamp shops
Wine tasting rooms/-NFmicro-winery and/or beer
tasting rooms/micro-brewery (subject to
this}^^^ Fequirements in Section 9271dd)
Yardage goods
Leather goods
Knit shops
Candle shops
Ice cream shops
Boutique
Jewelry shops
Coffee shops
Wrought iron ware
Ethnic restaurants
Art galleries
(Spanish, Mexican,
French, German)
General offices
(if located on any floor above and if less than 50
percent of total area are occupied by general
Page 12
The above list of potential uses is not all encompassing but typifies the character of uses
that illustrate the desired image.
(Ord. No. 1251, Sec. 2, 5-20-02; Ord. No. 1429, Sec. 11.29, 5-21-13)
(d) Site development standards and exception
In order to provide maximum flexibility in design and development for various lot sizes,
consistent with a concept of village environment, the following criteria and exceptions are
applicable:
(1) Front building setbacks may be established at the property line except for corner
properties requiring a five-foot line of sight clearance.
(2) Rear yard setbacks shall be established at fifteen (15) feet from the rear property line,
or in the event the development extends to the next intervening street, the rear
setback line shall be construed as the frontage on "C" or Prospect Streets.
(3) As an exception to the general sections of this Chapter and other provisions of the
Zoning Ordinance, when commercial and professional properties are developed or
converted to permitted uses under the provisions of this section, on-site parking
requirements may be modified under any one or a combination of the following
provisions:
a. Property or properties that lie within
Business Improvement Area Shall be
parking accommodations, subject
Improvement District Ordinance.
i Vehicle Parking Assessment District or
exempt from the requirement for on-site
o the provisions of the Parking or
b. On-site parking requirements may be waived upon the presentation to the City of
a long-term lease, running with and as a condition of the business license, for
private off-site parking accommodations within 300 feet of the business or activity
to be served.
c. All or a portion of required number of parking spaces may be satisfied by
depositing with the City an amount, to be used for public parking
accommodations within the area, equal to four (4) times the assessed value as
determined from the latest assessment roll of the County Assessor, of 200
square feet of land within the area, for each required parking space not otherwise
provided.
d. Development proposed within both the Central Commercial District (C-2) and the
Old Town Commercial General Plan land use designation (the commercial
portion of Old Town Tustin), may satisfy all or a portion of the required number of
Page 13
offices, consistent with Section 9233a(1)(g)
Hobby shops
Delicatessens
Photographer's studios
Antique shops
China and crystal
Gift shops
The above list of potential uses is not all encompassing but typifies the character of uses
that illustrate the desired image.
(Ord. No. 1251, Sec. 2, 5-20-02; Ord. No. 1429, Sec. 11.29, 5-21-13)
(d) Site development standards and exception
In order to provide maximum flexibility in design and development for various lot sizes,
consistent with a concept of village environment, the following criteria and exceptions are
applicable:
(1) Front building setbacks may be established at the property line except for corner
properties requiring a five-foot line of sight clearance.
(2) Rear yard setbacks shall be established at fifteen (15) feet from the rear property line,
or in the event the development extends to the next intervening street, the rear
setback line shall be construed as the frontage on "C" or Prospect Streets.
(3) As an exception to the general sections of this Chapter and other provisions of the
Zoning Ordinance, when commercial and professional properties are developed or
converted to permitted uses under the provisions of this section, on-site parking
requirements may be modified under any one or a combination of the following
provisions:
a. Property or properties that lie within
Business Improvement Area Shall be
parking accommodations, subject
Improvement District Ordinance.
i Vehicle Parking Assessment District or
exempt from the requirement for on-site
o the provisions of the Parking or
b. On-site parking requirements may be waived upon the presentation to the City of
a long-term lease, running with and as a condition of the business license, for
private off-site parking accommodations within 300 feet of the business or activity
to be served.
c. All or a portion of required number of parking spaces may be satisfied by
depositing with the City an amount, to be used for public parking
accommodations within the area, equal to four (4) times the assessed value as
determined from the latest assessment roll of the County Assessor, of 200
square feet of land within the area, for each required parking space not otherwise
provided.
d. Development proposed within both the Central Commercial District (C-2) and the
Old Town Commercial General Plan land use designation (the commercial
portion of Old Town Tustin), may satisfy all or a portion of the required number of
Page 13
onsite parking spaces through the payment of a fee, in an amount determined
by Fee Resolution of the City Council, upon a determination of the Tustin
Planning Commission that the proposed project meets the following findings:
• The proposed project is an infill project located within the commercial district
of Old Town.
• That the proposed project is considered to be relatively small.
• That the proposed project has incorporated building or site design
enhancements that make it an outstanding addition to Old Town Tustin.
• That the proposed project provides some on-site parking, but is aesthetically
superior to one that provided all required parking on site.
• That the project applicant shall agree to pay an annual fee for each public
space not provided on site.
• Other findings that may be adopted from time to time by the City Council.
(Ord. No. 1416, Sec. 2, 4-3-12)
(e) Public improvements
Public improvements contributing to the motif of the area and the intent of this section are
to consist of the following:
(1) Street furniture for convenience of the pedestrian shopper to consist of benches and
trash receptacles.
(2) Street lighting with the use of stanchions and fixtures that contribute to the
development theme.
(3) Street portals to create an identity of approach to the area for vehicle and pedestrian
traffic.
(4) The use of wishing wells as theme and area identity.
(5) Street and traffic patterns that segregate vehicle from pedestrian traffic by providing
rear access to parking accommodations, delivery services, and through traffic, with
frontage accommodations for pedestrians and short term convenience parking.
k
Duty to Keep in Good Repair
The owner, occupant, or other person in actual charge of a Designated Cultural Resource shall keep
the exterior of any designated structure, site, or feature in good repair.
I
Enforcement and Penalties
Methods of enforcement. In addition to the regulations of this section which govern the approval
or disapproval of Certificates of Appropriateness covered by this section, the Community
Development Department shall have the authority to implement the enforcement thereof by any
of the following means:
(a) Serving notice requiring the removal of any violation of this section upon the owner, agent,
occupant or tenant of the improvement, building, structure or land;
(b) Calling upon the city attorney to institute, any necessary legal proceedings to enforce the
provisions of this section, and the City Attorney is hereby authorized to institute any actions
to that end;
Page 14
(c) Calling upon the Chief of Police and authorized agents to assist in the enforcement of this
section.
In addition to any of the foregoing remedies, the City Attorney may maintain an action for
injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of
this section, or for an injunction in appropriate cases.
2. Penalties. Any person violating any provision of this section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five
hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be so
fined and imprisoned. Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
(Ord. No. 1001, Sec. 2,6-20-88; Ord. No. 1301, §§ III—VI, 9-19-05; Ord. No. 1332, Sec. 2,5-1-
07; Ord. No. 1366, Sec. 18, 11-17-09)
PART 7 - GENERAL REGULATIONS
9271- SPECIFIC PROVISIONS
a
Repealed. (Ord. No. 1429, Sec. 11.31, 5-21-13)
b
Public Utilities
General Utilities.
(a) Public utilities for distribution of gas, water, electricity and telephone communications shall
be allowed in all districts without limitation as to height or without obtaining a Conditional
Use Permit thereof and the provisions of this Chapter shall not be construed to limit or
interfere with the installation, maintenance and operation of public utility pipelines and
electric transmission or telephone communication lines when located in accordance with
the applicable rules and regulations of the Public Utilities Commission of the State of
California and within rights-of-way, easements, franchise, or ownership of such public
utilities.
2. Utilities to be Placed Underground.
(a) Whenever any property in any one zone is developed with new or relocated buildings or
structures, or whenever enclosed floor area in excess of 200 square feet is added to an
existing building site in any zone, except zones permitted for single-family residential use,
or whenever a residential building or use is converted to any purpose or use other than that
which existed at the time of conversion, all electrical, telephone, community antenna,
television and similar service wires or cables which provide direct service to the property
being developed, shall, within the exterior boundary lines of such property, be installed
underground.
(b) For the purpose of this Section, appurtenances and associated equipment such as, but not
limited to, surface mounted transformers, pedestal mounted terminal boxes and meter
cabinets, may be placed above ground.
(c) The developer or owner is responsible for complying with the requirements of this Section,
and shall provide all necessary facilities on their premises so as to receive such services
from the supplying utility or utilities subject to the applicable rules, regulations and tariffs on
the respective utility or utilities on file with the California Public Utilities Commission.
Page 15
(d) Where practical difficulties or unnecessary hardships inconsistent with the provisions of
this chapter result from its literal interpretation or enforcement, the Planning Commission
may waive, modify, or delay the application of any undergrounding requirement upon
written request by a building site owner. Such request shall be filed with the Community
Development Department and shall contain any and all facts which are offered in support.
(e) If the Planning Commission's action Is to delay the installation of required undergrounding
utilities, it may require the building site owner to file with the City a cash deposit, and/or
record a covenant sufficient to provide for the future installation of the underground
features which are to be delayed. The amount of the cash deposit shall be determined by
the Building Official. (Ord. No. 1429, Sec. 11.32, 5-21-13)
c
Temporary Real Estate Offices
The following temporary uses shall be permitted in any district:
(1) Model homes and their garages used as offices solely for the first sale of homes within a
subdivision on the following conditions:
(a) A temporary certificate of use and occupancy shall first be obtained from the Department of
Building and Safety for the use of model homes and their garages for offices solely for
such first sales;
(b) The use shall be discontinued at the end of one (1) year from the date of the certificate of
use and occupancy;
(c) Provided, however, the Building Official may for good cause, after receipt of a certified
report from the developer on the number of dwellings sold, extend the time limit not to
exceed two (2) successive periods of six (6) months each.
(2) Temporary offices not exceeding four hundred (400) square feet solely for the first sale of lots
within a subdivision on the following conditions:
(a) A temporary Certificate of Use and Occupancy shall first be obtained from the Department
of Building and Safety for the use of the structures for offices solely for such first sales;
(b) The use shall be discontinued and such offices removed from the premises at the end of
one (1) year from the date of issuances of the Certificate of Use and Occupancy.
(c) Provided, however, the Building Official may for good cause, after receipt of a certified
report from the subdivider on the number of lots sold, extend the time limit not to exceed
two (2) successive periods of six (6) months each. (Ord. No. 234, Sec. 1)
d
Height Limits of Towers
Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other
towers, water tanks, steeples and similar structures and mechanical appurtenances are permitted in a
district, height limits may be exceeded upon the securing of a Conditional Use Permit in each case. (Ord.
No. 156, Sec. 5.7; Ord. No. 1429, Sec. 11.33, 5-21-13)
e
Public and Semi -Public Building Height Limit
In any district with a height limit of less than seventy-five (75) feet, public and semi-public bulldings,
schools, Places of Worship, hospitals and other institutions permitted in such district may be erected to a
height exceeding that herein specified for such district, provided that the cubical contents of the building
shall not exceed an area equal to the area of the site upon which it is constructed multiplied by the factor
three (3), and provided that the front, rear and side yards shall be increased one (1) foot for each one (1)
foot by which such building exceeds the height limit hereinbefore established for such district. (Ord. No.
157, Sec. 5.8; Ord. No. 1429, Sec. 11.34, 5-21-13)
Page 16
f
Height Limit in "C" or "M" Zone
Upon securing a Conditional Use Permit any building in any "C" or "M" District may be erected to a
height exceeding that herein specified for such district, provided that the cubical contents of the building
shall not exceed an area equal to the area of the site upon which it is to be constructed multiplied by the
factor five (5). (Ord. No. 157, Sec. 5.9; Ord. No. 1429, Sec. 11.35, 5-21-13)
g
Repealed. (Ord. No. 157, Sec. 5.10; Ord. No. 1354, Sec. ll, 11-4-08)
h
Animal Hospital or Clinic
One (1) caretaker apartment shall be permitted incidental to an animal hospital. Said apartment shall
be used solely by persons employed in the hospital for caretaker duties. (Ord. No. 340, Sec. 2)
Small animal hospitals or clinics shall be subject to additional provisions hereinafter set forth:
(1) All animals shall be kept within an enclosed, air conditioned, soundproof structure.
(2) Said hospitals or clinics shall be so designed that no odors will be discernible beyond the
property lines of the parcel on which it is located. (Ord. No. 352, Sec. 6)
i
Fences, Solid Hedges and Walls
(1) Fences, solid hedges and walls may be erected in any district, subject to the following
conditions:
(a) Fences, solid hedges and walls shall not exceed six feet eight inches (68") in height on or
within all rear and side property lines on interior lot lines, and on or to the rear of all front
yard setback lines.
(b) No fence, solid hedge or wall over three (3) feet in height shall be erected in the required
front yard setback.
(c) Any fences, solid hedges or walls located in any required rear or side yard abutting the
intersection of a street, alley or driveway shall be subject to the Intersection Site Distance
requirements as determined by the Public Works Department site distance standards.
unless approved, in writing, by the Community Development Department.
(d) Fences, solid hedges, walls or structures exceeding, up to twenty (20) percent, six feet
eight inches (6'8") in height to enclose areas on the rear half of a lot may be erected
subject to a minor adjustment (refer to Section 9299b(1)).
(e) The provisions of this Section shall not apply to a fence or wall required by any law or
regulation of the State of California or any agency thereof or by any other ordinance of the
City of Tustin, for reasons of public safety. (Ord. No. 353, Sec. 1)
(2) Walls shall be constructed and maintained on zone boundary lines as follows:
(a) Where any "C", "M", or "Pr" zone abuts upon any residential zone, there shall be
constructed a solid masonry wall, six feet eight inches (6'8") in height on the zone
boundary line.
(b) Where any "R-3", "R-4", or "PD" zone abuts upon any R-1 zone, there shall be constructed
a solid masonry wall six feet eight inches (6'8") in height on the zone boundary line.
(c) Where any "M" zone abuts upon any "C" or "Pr" zone, there shall be constructed a solid
masonry wall six feet eight inches (6'8") in height on the zone boundary line.
Page 17
(d) The aforesaid walls shall be six feet eight inches (6'8") in height except that portion of
equal depth of the front yard on the abutting "R" classified property which shall be three (3)
feet in height unless a greater height is approved in writing by the Planning Department.
(Ord. No. 353, Sec. 1)
(e) Provided, however, the Community Development Director may waive or modify any wall
requirements as specked in this Section where there is a solid masonry wall existing
immediately adjacent on the contiguous property, upon finding and requiring that:
An existing wall meets or can be modified to conform to the intent of this Section; and
ii) Suitable landscaping can be installed adjacent to the existing wall to supplement and
enhance the environmental buffering; and
Ili) Protection can be afforded the existing wall to prevent vehicle damage, if necessary;
and
iv) Concurrence of the adjacent property owner can be obtained, when necessary, to
modify an existing wall to meet the requirements of this Section. (Ord. No. 534)
(3) However, upon application and proceedings pursuant to Section 9291, Conditional Use
Permit, the Planning Commission may waive or modify the requirements set forth herein.
(4) The fences, solid hedges and walls provided herein shall be measured and constructed
pursuant to development standards of the Building Department. (Ord. No. 353, Sec. 1)
(Ord. No. 1429, Sec. II.36, 5-21-13)
i
Architectural Feature Limitations
Architectural features on the main buildings, such as cornices, eaves and canopies may not extend
closer than three (3) feet to any side lot line. Eaves and canopies may extend a maximum of three (3) feet
into the required front yard and no closer than five (5) feet to any rear lot line. Fireplaces, not exceeding
six (6) feet in breadth, may extend not closer than three (3) feet to any side lot line. (Ord. No. 157, Sec.
5.12)
k
Repealed. (Ord. No. 338; Ord. No. 1354, Sec. II, 11-4-08)
1
Limitations of Porches and Staircases
Open, uncovered, raised porches, landing places or outside stairways may project not closer than
four (4) feet to any side lot line, and not exceeding six (6) feet in breadth, may extend not closer than
three (3) feet to any side lot line. (Ord. No. 157, Sec. 5.13)
m
Official Plan Line for Streets
Whenever an Official Plan Line has been established for any street, required yards shall be
measured from such line and in no case shall the provisions of this Chapter be construed as permitting
any encroachment upon any Official Plan Line. (Ord. No. 157, Sec. 5.14)
n
Accessory Structures
Accessory structures attached to a main building shall be made structurally a part thereof, have
a common roof with said main building and shall comply in all respects with the requirements of
this Chapter applicable to the main building.
Page 18
2. Detached accessory structures, such as garages, carports, laundry and recreation buildings,
may be constructed on the front one-half ('/R) of the lot, provided, however, that in any R-3 or R-
4 District no garage, carport, or laundry building openings shall face an abutting street.
3. The architectural style of all sides of accessory buildings shall be compatible with the
architectural style of the main buildings.
4. Detached accessory structures may have a zero -foot side and rear yard property line setback if
abutting an adjoining structure on a separate lot with a zero -foot setback or if the abutting lot is
unimproved. If an adjoining structure on a separate lot is constructed other than with a zero -foot
property line setback, a minimum of three (3) feet shall be maintained between the structures,
5. All accessory structures shall be located a minimum of twenty (20) feet from street rights-of-
way; provided, however, that accessory structures abutting a State Highway, where no access
is permitted, may have a zero -foot setback.
6. Detached accessory structures constructed within five (5) feet of any side or rear property line in
an "R" District shall be enclosed by a solid wall on such side or sides; provided, however, that
garages or carports facing an alley or an access easement, the right of use of which is
dedicated to the subject property, need not be enclosed on such side or sides constructed
within five (5) feet of a side or rear property line if the minimum backing space is twenty-five (25)
feet from the carports or garages to the far side of the alley or access easement.
(Ord No. 1429, Sec. I1.37, 5-21-13)
0
Swimming Pools
Swimming pools in residential districts shall not be located closer than five (5) feet to any side or rear
lot line, nor within those areas described by Section 9271 i(1)(b) or 9271 i(1)(c). (Ord. No. 476; Ord. No.
1367, Sec. II, 4-6-10)
Heater and filter units for swimming pools shall be located in the rear or side yard areas, and shall be
screened from view. (Ord. No. 547)
Any lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light
away from any adjoining premises. (Ord. No. 770, Sec. 8)
p
Setback Requirements for Lots Developed Prior to zoning Ordinance
In the Single Family Residential (R-1), Duplex Residential (R-2), and Multiple Family Residential (R-
3) zoning districts, the minimum required side or rear yard setback for side or rear yard additions to
existing structures (not including accessory structures except garages identified in the City's Historic
Resources Survey) that are listed on the City's Historic Resources Survey shall be the same as the
adjacent elevation of the existing side or rear yard setback of the original structure if the setback is less
than the minimum setback required in the applicable residential district provided the requirements of the
Uniform Building Code can be met and emergency access can be maintained. (Ord. No. 157, Sec. 5.17;
Ord. No. 1238, Sec. 2, 6-4-01)
q
Development of Substandard Parcels
Single family dwellings only may be erected on any parcel of land the area of which is less than the
building site area required for the particular district in which said parcel islocated, but if, any only if, said
parcel was in single ownership at the time of the adoption of this Chapter and said single ownership was
recorded in the Office of the County Recorder of Orange County. No structure shall be erected on any
substandard parcel if said parcel was acquired from the owner or owners of contiguous property or said
Page 19
contiguous owner's or owners' transferee, after the effective date of this Chapter. (Ord. No. 157, Sec.
5.18)
r
Sideyard Width of Substandard Lots
The width of side yards on single family dwellings constructed pursuant to subsection q above may
be reduced to ten (10) percent of the width of such parcel, but in no case to less than four (4) feet, (Ord.
No. 157, Sec. 519)
s
Repealed (Ord. No, 1429, Sec. 11.38, 5-21-13)
t
Repealed (Ord. No. 1429, Sec. 11.38, 5-21-13)
u
Building Lines
Building lines are as stated in this Section unless otherwise shown on zone Map. No building shall
be closer to a property line or to the center line of any street or highway than the building line applicable
thereto.
Front side or rear yard abutting or street, measured from center line:
Page 20
Building Line for SECONDARY
Highway (80' R/W)
Building Line for PRIMARY
Highway (100' R/W)
DISTRICT
Front
Side
Rear
Front
Side
Rear
R -A
E-4
60'
60'
50'
50'
65'
65'
70'
70'
60
60'
75'
R-1
60'
S0'
65'
70'
60'
75'
R-2
60'
50'
65'
70'
60'
75'
R-3
60'
50'
65'
70'
60'
75'
C-1
55'
55'
S5'
65'
65'
65'
C-2
55'
55'
55'
65'
I
65'
65'
C-3
55'
55'
55'
65'
65'
65'
CG
55'
55'
55'
65'
65'
65'
Page 20
-�M T _
55'
55'
55'
65'
65'
65'
PM
65'
65'
65'
75'
75'
75'
(Ord. No. 157, Sec. 5.22)
Irvine Blvd. setback—Ten (10) feet from right-of-way line.
(Ord. No. 1429, Sec. 1I.39, 5-21-13)
v
Prefix and Suffix to Districts
A numerical prefix and/or suffix may be added to any district. The prefix shall establish the minimum
width for a building site measured in feet at the building setback line; in non-residential districts, the
numerical suffix shall establish the minimum number of square feet for a building site in said zone.
However, the numerical suffix and building site shall in no case be less than the minimum lot size
established in this Chapter. This sectiori shall not apply to a P -D District. In residential districts, the suffix
corresponds to the minimum lot area required per family unit. (Ord. No. 248, Sec. 2; Ord. No. 1367, Sec.
11, 4-6-10)
w
Repealed (Ord. No. 1429, Sec. 11.40, 5-21-13)
x
Highway Dedication and Improvement
No building and no land shall be used for any of the commercial uses permitted in the C-1, C-2, C-3
or M Zones, nor shall any certificate of use and occupancy therefor be issued by the Building and Safety
Department, where the land upon which such building or land to be used for said uses abuts upon, and
the ingress or egress to the said building or land is by way of or into or upon any existing highway or
highways shown on the Master Plan of Streets and Highways, adopted by the City of Tustin on December
5, 1960, as amended, until and unless the right-of-way for such highway or highways to the width shown
on "Standard Streets and Highways Plans" has been dedicated to or vested in the City of Tustin, and
such right-of-way has been improved by installation of curbs, gutters, and street drainage, in full
compliance with the City of Tustin Street Improvement Standards, as amended, or the owner has
dedicated or irrevocably offered to dedicate such right-of-way and prepared plans for the improvement
and has entered into an agreement with the City to make such improvements. In the event an agreement
for the improvement is entered into, the City Council may require that the agreement be secured by a
good and sufficient bond, or it may accept in lieu thereof a cash deposit, which bond or cash deposit shall
be in an amount equal to the estimated cost of the improvement.
Commercial use, as used in this section means any retail, wholesale, or manufacturing business, the
carrying on of any profession, the operation of mobile home parks, hotels, or any business, but does not
include farming, including all types of agriculture and horticulture, or the conducting of temporary stands
for the sale of agricultural or farming products grown or produced in the premises as accessory use to the
land, or the conducting of any home occupation.
Provided, however, that sidewalks shall not be required in the M Zone. (Ord. No. 293, Sec. 4)
Page 21
y
Criteria for Dish Antenna Installation
(1) Definition: For the purpose of this section, a "dish antenna" is a disc-shaped antenna either
solid or mesh type construction exceeding three (3) feet in diameter, intended but not limited to
the purpose of receiving communications from an orbiting satellite transmitter.
(2) Location:
(a) Residential zones: A dish antenna installed at ground level in the rear yard and obscured
from public right-of-way view is exempt from the requirement of a Conditional Use Permit.
If a useable signal cannot be obtained from a rear yard location, the dish antenna may be
located in the side yard of the property or on a building roof subject to issuance of a
Conditional Use Permit.
(b) Nonresidential zones: A dish antenna located at ground level or on a building roof
completely obscured from public right-of-way view is exempt from the requirement of a
Conditional Use Permit. Those antennas which cannot be obscured as determined by City
staff are subject to issuance of a Conditional Use Permit.
(Ord. No. 1429, Sec. 11.41, 5-21-13)
(3) Antenna color compatibility: All dish antennae shall be compatible in color with their
surroundings and not include signage whether manufacturer's name and other advertising.
Antennas shall be painted to match surrounding background if only partially obscured or to
match dominant building color if roof -mounted.
(4) Height limitations:
(a) Residential zones: Dish antennas shall not exceed the maximum building height limit
permitted in the zone if roof -mounted nor exceed ten (10) feet in height if ground -level
mounted.
(b) Nonresidential zones: Dish antennas shall not exceed the maximum building height limit
permitted in the zone if roof -mounted nor exceed fifteen (15) feet in height if ground -level -
mounted.
(5) Building permits: A building permit shall be obtained prior to the installation of any dish antenna
exceeding three (3) feet in diameter. (Ord. No. 926, Sec. 2, 2-4-85)
z
Outdoor Vending Activities, Pushcarts, Portable Vending Devices
Consistent with other sections of the Tustin City Code, outdoor vending activities are also hereby
prohibited except as provided herein:
(1) Pushcarts or portable vending devices may operate within the City of Tustin in the following
locations only:
(a) Within any commercial multi -use or multi -tenant shopping center with more than thirty
thousand (30,000) square feet of leasable floor area or located on a site greater than one
(1) acre in land area, with written consent of the center owner or agent, upon Planning
Commission review and approval of a proposal subject to the findings required for approval
of a design review application by the director of community development;
(b) At any special event or activity, with limits to the number of pushcarts conditioned upon the
issuance of a temporary use permit, by the Director of Community Development; and
(c) At other appropriate sites, upon issuance of a conditional use permit and design review
approval by the Planning Commission.
Page 22
(2) Pushcarts or portable vending devices may be operated or used for any outdoor vending
purpose only during the business or operating hours of the shopping center or special event
where located. In centers where one (1) or more businesses operate on a twenty -four-hour
basis, the maximum hours of operation of pushcarts or portable vending devices shall be 9:00
a.m. to 11:00 P.M.
(3) Pushcart or portable vending device operators and pushcart or portable vending device owners
shall have a valid City of Tustin business license, and any necessary State, County or other City
permit required by law, and shall operate in accordance with regulations pertaining to those
licenses and permits.
(4) Design standards
The following design criteria and standards shall be considered in the evaluation of a Design
Review application for pushcarts or other portable vending devices:
(a) Location, number and size, including height;
(b) Design of the pushcart(s) or other portable vending device(s), including color and signage,
which shall be compatible with the design of the shopping center where the pushcart(s) is
located;
(c) Ancillary equipment, such as cash register stands and trash receptacles;
(d) Security. The design and location of pushcarts or portable vending devices shall minimize
theft and vandalism.
(5) One (1) small compact stool or chair may be utilized by the pushcart or portable vending device
operator. The chair or stool shall be placed within four (4) feet of the pushcart and shall not
block the safe passage of pedestrians or vehicles. No advertising shall be placed on the stool or
chair. No additional seating shall be allowed.
(6) A refuse bin of at least one (1) cubic foot, shall be provided in, on or within three (3) feet of the
pushcart(s) or other portable vending device(s).
(7) Restrictions:
(a) No noise -making devices shall be used in conjunction with pushcarts or portable vending
devices.
(b) Pushcarts or portable vending devices shall not be stationed for purposes of outdoor
vending in any location which creates an unreasonable obstruction to the normal flow of
vehicular or pedestrian traffic; or within ten (10) feet of any intersection, driveway, or
building entrance; or in any space designed for vehicular parking.
(c) No signs or other advertising devices are permitted beyond those painted on or affixed to
the pushcart, portable vending device or its canopy. Such signs shall be considered
"vehicle signs", and shall be allowed in accordance with Tustin City Codes. Electrified or
internally illuminated signs shall be prohibited.
(d) Pushcart canopies, awnings or roofs constructed of fabric or other light -transmitting
material shall not be backlit.
(e) All merchandise shall be maintained on the pushcart or portable vending device. (Ord. No.
1123, Sec. 1, 6-6-94)
as
Child Care Facilities
Family Day Care Home
Family day care homes, including large family day care and small family day care homes, shall
operate in accordance with the California Code: Health and Safety Code. All day care homes
Page 23
are subject to the regulations adopted and enforced by the State Fire Marshal and Orange
County Fire Authority and must comply with the provisions of the State Uniform Building Code
and City of Tustin Building'requirements.
Large family day care homes are also subject to the following provisions:
(a) Prior to commencement of operation of any large family day care home, the applicant for a
permit shall complete and submit an application to the Community Development
Department. Information provided on the permit shall include: Name of operator; address
of the home; and a list of property owners within a 100 -foot radius of the exterior property
boundary of the proposed day care home.
(b) Large family day care homes shall be operated in a manner not exceeding the noise level
in the Tustin Noise Ordinance, nor shall such day care homes be allowed to operate in a
manner that would constitute a nuisance to neighboring properties. A day care home shall,
by design, location and layout, avoid any potential noise which may constitute a nuisance
to neighboring properties.
(c) A permit shall not be granted for a large family day care home that would be established
within three hundred (300) feet of the exterior property boundaries of any existing licensed
large family day care home.
(d) All property owners within a 100 -foot radius of the exterior property boundary of a
proposed large family day care home, as shown on the last equalized County assessment
roll, shall be notified of the intent to establish such a home.
(e) No hearing on the application for a permit shall be held by the Planning Commission
unless a hearing is requested by the applicant or a property owner within a 100 -foot radius
of the exterior boundary of the proposed home. If no hearing is requested, the permit shall
be granted if the large family day care home complies with the provisions of this Code.
(f) The play yard of the home must be enclosed by a minimum six-foot high fence setback
from the required front yard.
(g) A permit for a large family day care home shall not be granted for any location that has on
the property a swimming pool as defined by the Uniform Swimming Pool, Spa and Hot Tub
Code, as adopted.
(h) The applicant shall be licensed, or deemed to be exempt from licensure by the State of
California, to operate a large family day care home.
(i) The provisions contained in this Chapter shall not preclude the City from revoking any
permit granted for a large family day care home. Proceedings may be conducted by the
Planning Commission to determine if said use is being operated in a manner that may be
detrimental to the health, safety or welfare of the community or surrounding properties.
2. Day Care Center - pursuant to California Health. and Safety Code
Development Standards:
(a) Maximum height: 30 feet
(b) Minimum building site area: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Minimum front, side, and rear yard setback: Same as required for primary uses in the
district
(e) Building requirements and indoor and outdoor space required per child are established by
the Building Code and pursuant to California Health and Safety Code
Page 24
(f) Outdoor play areas shall be screened from surrounding properties by a six-foot eight -inch
high solid wall or fence (except where play areas abut public park or playfield) (Ord. No.
1206, Sec. 2, 9-21-98; Ord. No. 1354, Sec. ll, 11-4-08; Ord. No. 1367, Sec. II, 4-6-10)
bb
Recycling Centers
An operation/use which is certified by the Department of Resources Recycling and Recovery which
accepts from consumers, and pays or provides the refund value pursuant to Section 14572 of the
California Beverage Container Recycling and Litter Reduction Act, for empty beverage containers
intended to be recycled.
Recycling Location - A place, mobile unit, reverse vending machine, or other device where a certified
recycling center accepts one of more types of empty beverage containers from consumers, and pays or
provides the refund value for one or more types of empty beverage containers.
As used in the Tustin City Code recycling locations shall include:
(a) Reverse Vending Machines - A mechanical device of 50 square feet or less which accepts one
or more types of empty beverage containers and issues a cash refund or a redeemable credit
slip with a value not less than the container's refund value as determined by California state
law. The refund value payments shall be aggregated and then paid, if more than one container
is redeemed in a single transaction. A Reverse Vending Machine may sort and process
containers mechanically provided that the entire process is enclosed within the machine. (In
order to accept and temporarily store all three (3) container types in a proportion commensurate
with their relative redemption rates, and to meet the requirements of certification as a recycling
facility, multiple grouping of Reverse Vending Machines may be necessary.)
(b) Bulk Reverse Vending Machines - An attendant operated reverse vending machine occupying
greater than 50 square feet, but less than 500 square feet. Machines shall be designed to
accept more than one container at a time, and will pay by weight instead of container.
(c) Large Recycling Locations- Recycling locations occupying a permanent building or store front.
Recycling locations defined in this section shall be subject to the following provisions:
(1) Reverse vending machines:
(a) Established in conjunction with a supermarket or convenience zone (as defined in Section
9297) in compliance with the zoning, building and fire codes of the City of Tustin.
(b) Located within 30 feet of the entrance to the supermarket and shall not obstruct pedestrian
or vehicular circulation.
(c) Does not occupy parking spaces required by the primary use.
(d) Occupies no more than 50 square feet of floor space per installation, including any
protective enclosure.
(e) Maximum height: 8 feet.
(f) Constructed and maintained with durable waterproof and rustproof material.
(g) Clearly marked to identify the type of material to be deposited, operating instructions, and
the identity and phone number of the operator or responsible person to call if the machine
is inoperable.
(h) Sign area shall be limited to a maximum of 4 square feet per machine, exclusive of
operating instructions.
(i) Maintained in a clean, litter -free condition on a dally basis.
Q) Operating hours shall be at least the operating hours of the supermarket (host use), but
may be 24 hours.
Page 25
(k) Illuminated to ensure comfortable and safe operation if operating hours are between dusk
and dawn.
(1) Outdoor storage of any kind is prohibited.
(2) Bulk Reverse Vending Machines:
(a) Established in conjunction with a supermarket or convenience zones (as defined in Section
9297) which is in compliance with the zoning, building and fire codes of the City of Tustin.
(b) No larger than 500 square feet and not occupying any parking spaces required by the
primary use.
(c) Maximum height: 10 feet.
(d) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of
the host use.
(e) Minimum setbacks: 10 feet from any property line.
(f) Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil
may be accepted with permission of the Orange County Fire Authority and Health
Department.
(g) No power -driven processing equipment except for reverse vending machines shall be
used.
(h) Containers are constructed and maintained with durable waterproof and rustproof material,
secured from unauthorized entry or removal of material and shall be of a capacity sufficient
to accommodate materials collected and collection schedule.
(i) All recyclable material shall be stored internally.
(j) Maintained free of litter, pests, vermin and any other undesirable materials at all times.
(k) Not exceed exterior noise levels of 60 dBA.
(1) Containers for donation of materials shall be at least 75 feet from any property zoned or
occupied for residential use and shall not operate between the hours of 12:00 a.m. and
6:00 a.m.
(m) Containers shall be clearly marked to identify the type of material which may be deposited;
the facility shall be clearly marked to identify the name and telephone number of the facility
operator and the hours of operation, and display a notice stating that no material shall be
left outside the recycling enclosure or containers.
(n) Bulk vending machines may have informational signs required by State law pursuant to
Section 9272; other signs including directional signs, gearing no advertising message, may
be installed with the approval of the Community Development Director pursuant to Design
Review Section 9272 if necessary to facilitate traffic circulation, or if the facility is not visible
from the public right-of-way.
(o) Placement of the facility shall not require removal of existing landscaping.
(3) Large Recycling Locations:
(a) The facility shall not abut a property zoned or planned for residential use if in a
freestanding building.
(b) The facility shall operate in an enclosed building with outside storage prohibited.
(c) Setbacks, height, lot coverage, and landscape requirements shall be those provided for in
the C-1 Zoning District unless it occupies an existing store front or building.
(d) Site shall be maintained free of litter, pests, vermin and any other undesirable materials at
all times and shall be cleaned of loose debris on a daily basis.
Page 26
(e) Exterior noise levels shall not exceed 60 dBA.
(f) if the facility is located in a free standing building which lies within 500 feet of property
zoned, planned or occupied for residential use, it shall not be in operation between 7:00
p.m. and 7:00 a.m.
(g) The facility shall display a notice stating that no material shall be left outside the recycling
containers.
(h) The facility shall be clearly marked with the name and phone number of the facility operator
and the hours of operation; identification and informational signs shall meet the standards
of the C-1 zoning District; and directional signs, bearing no advertising message, may be
installed with the approval of the Community Development Director pursuant to design
review, Section 9272, if necessary, to facilitate traffic circulation or if the facility is not
visible from the public right-of-way.
(i) Power -driven processing, including aluminum foil and can compacting, baling, plastic
shredding, or other light processing activities shall be prohibited.
(j) Twenty -four-hour operation is prohibited.
(Ord. No. 1429, Sec. I1.42, 5-21-13)
cc
Repealed (Ord. No. 1429, Sec. 11.43, 5-21-13)
dd
Alcoholic beverage sales establishments
Subject to the Planning Commission's Alcoholic Beverage Sales Establishments Guidelines and the
following standards:
...
...
WOMW
........... I . M -i
.. ..
-�: - M...6
(b) Minimum distances between off-site sales establishments and residentially ZoRed GF used
property, PI_Pc48s; n -f worship, public or private sGhGols, parks, playgrounds, '
health caro fac'lifies and nnnyaleSGeRt hOMeS Shal�lT GMeasw'Rg the
establishment to the property "Re O aRy f the nr e tside the
G4Y-bou-Rd,Nie4
Page 27
(na) 1,000 feet fFemaRy esidentiolly zoned or used property; and 1,000 foo} from op.y other
r+ liShFnents except for restaurantf f cites soles
existing OR T. �P� establishments er-0#f ,,rn,
establishments; and !,()DO feet fFe �aF � aGe n�Tshin public or private school ark,
�TCGfA7rf�TllTfGTIT� G[-TT�r
nl�laygrni.nrl elinin hospital, health c e f@Gility OF ale nt ho
PRIf.a.-blis.h.m.eRts, and residentially zoned or used property, plaGes qf worship, publiG 0
pFivate sGhE)c)ls, parks, playgrounds, cliniGs, hespftals, health Gape faGilities and
r onyaleseent homes shall h mpuk by measuring distance from the Incest
e se,-� , Pa �ed� y -, , �eas u,,,T�t-i�dfs , „—�-.�.��
exterior ..roll Of the a site establishment to the property line of any of the aboA e uses
(whether 'Houle OF eUtni e_Qtyry bo yndaries)
�rJT
Site -
sales _ establishmentexcept for recto ant establishments (Whether inoirle er eutside the
eXteFi9F stry.n}„cal . _.IIIc of each
(1) Except as otherwise provided, no establishment may sell alcoholic beverages for either
on- or off-site consumption unless a Conditional Use Permit has been approved by the
Zoning Administrator for such establishment.
(2) No Conditional Use Permit shall be required for off-site alcoholic beverages sales
establishments that are located within a building and permitted business with at least ten
thousand_ {10,000) square feet of gross floor area and where the alcoholic beverage sales
area within the -building occupies no more than ten 10percent of the gross floor area.
(3) All establishments selling alcoholic beverages shall comply with the Alcoholic Beverages
Sales Establishments Guidelines adopted by Planning Commission Resolution. The
Zoninq Administrator may waive, modify, or impose additional conditions of approval
deemed necessary and appropriate provided that the waiver, modification and/or
additioral conditions achieve the purpose, intent, and findings provided in the Guidelines.
(4) The establishment hours of operation may extend until 2:00 a.m. daily unless otherwise
restricted by the City of Tustin and/or California Department of Alcoholic Beverage
Control.
(5) On-site Sales Establishments shall offer food service at all times. Food service options
shall include foods that are prepared on-site, prepackaged foods, and/or provided
pursuant to an agreement with food vendors.
(6) Any Conditional Use Permit granted in accordance with this Section may be revoked by
the Planning Commission in the manner herein set forth if the establishment creates
undue burden on the surrounding area, the Tustin Police Department, Code Enforcement
and if any of the conditions of approval are violated.
(7) An establishment shall be considered to have created an undue burden to the
surrounding area and/or City resources if any of the following occur:
a. Issuance of three (3) Notices of Violation or Citations within a twelve (12) month
period either from the Community Development Department, Police Department,
and/or Fire Marshall;
b. The imposition of disciplinary action or finding of violation by the Department of
Alcoholic Beverage Control;
c. Six (6) documented instances within a twelve (12) month period of activities
detrimental to the public health, safety, and/or welfare of persons residing
Page 28
visiting, or working in the neighborhood or incurious to the property or
improvement in the area; and/or
d. Any critical incident occurring on or in the premises or in connection with the
operation on the premises, as determined by the Community Development
Director in consultation with the Police Department.
(8) Upon the determination that the establishment has caused an undue burden, upon
violation of any provision of this Section, or upon failure to comply with the conditions of
approval, or in the event that the Conditional Use Permit is abandoned for a twelve (12)
month period, the Community Development Director shall issue a Notice of Intent to
revoke such permit. The Notice of Intent to revoke such permit shall be provided to the
property owner and business owner at least ten (10) days prior to a Revocation public
hearing. The Notice of Intent shall state why the approved Conditional Use Permit
should be revoked and provide the grounds upon which it is proposed to revoke the
Conditional Use Permit for the approved establishment.
(9) The Planning Commission shall hold a public hearing prior to revocation of the
Conditional Use Permit. The Planning Commission may revoke the Conditional Use
Permit issued under the provisions of this Section for any of the following reasons:
a. Where the Planning Commission has found and determined that the
preservation of the public health, safety, and welfare demand revocation or
suspension of the permit;
b. Where the establishment has violated anyprovisions_ of the Tustin City Code,
or Statutes of the State of California, or of the United States of America;
c. Where Conditional Use Permit granted in accordance with this Section, is
transferred to a new applicant and the new applicant fails to 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 Citv
of Tustin.
d. Where a Conditional Use Permit has been issued in reliance on false
statements in the application:
e. Where the establishment has violated any of the terms and conditions of
approval of the Conditional Use Permit;
f. Where the establishment has caused undue burden on the surrounding area,
the Police Department, Code Enforcement, and any other City resources:
and/or
g. Where the use or activity for which the Conditional Use Permit was granted has
ceased or has been suspended for one (1) year or more.
(10) A decision of the Planninq Commission at the conclusion of the Revocation hearing
shall be final.
(Ord. No. 1429, Sec. 11.44, 5-21-13)
ee
Office Uses
Page 29
(1) Office developments within the Retail Commercial District (C-1), Central Commercial District (C-
2), and Commercial General District (CG) shall be constructed to conform to the following
criteria:
(a) Parking standards for retail commercial uses on the first floor area of the building shall be
subject to Part 6 Off -Street Parking requirements of the Zoning Code unless otherwise
specifically exempted pursuant to an approved Conditional Use Permit.
(b) Findings, including, but not limited to, the following, shall be made by the Planning
Commission prior to approving a Conditional Use Permit for construction of a building
where greater than fifty (50) percent of the total floor area or any portion of the ground floor
area is designated for use by professional or general offices:
Development or construction of professional or general office buildings would be more
compatible with surrounding uses in the area than permitted retail commercial uses on
the subject property.
(c) Development or construction of buildings restricted to a mixture of uses in which the retail
commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office
development use criteria.
(2) Professional and general offices fronting onto Main Street or EI Camino Real and located within
the Old Town Commercial General Plan land use designation are also subject to the approval of
a Conditional Use Permit (pursuant to Section 9299b(3)(k)) and the following criteria for office
development.
(a) Professional and general offices proposed at the ground floor level or that are greater than
fifty (50) percent of the total building floor area shall not be approved unless the approving
authority finds, based on supporting documentation and evidence, that an office use would
be more compatible with the existing and planned uses in the vicinity than a retail
commercial use on the subject property and that an office use would be more beneficial in
implementing applicable land use policies such as the Tustin General Plan, Tustin City
Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment
Plan than a retail commercial use on the subject property.
(b) Approval of professional and general office uses shall meet one (1) or more of the following
criterion:
I. The proposed use is to be located in an existing building originally designed, built, and
occupied as offices or converted to office use pursuant to an approved building
permit.
ii. The proposed use is to be located in an existing building that because of its design
and orientation is impractical to modify or alter to accommodate retail establishments.
iii. The proposed use is to be located in an existing building requiring significant
reconstruction that is not economically feasible or practical to accommodate retail
establishments.
iv. The proposed use is to be located in a mufti -tenant retail center and is ancillary but
complementary to the remaining mixed uses with respect to type of use, hours of
operation, convenience, and parking demand.
v. The proposed use is determined to be beneficial, complementary, and compatible with
surrounding neighborhood and nearby retail establishments.
(Ord. No. 1429, Sec. 11.45, 5-21-13)
ff
Operation of Uses
Page 30
All uses (including storage) shall be conducted within a completely enclosed building except those
that are specifically permitted or effectively screened from view, except for off-street parking, loading,
approved temporary uses, or any outdoor dining space specifically permitted in conjunction with eating
establishment and approved design review and/or Conditional Use Permit, variance or as otherwise
exempted within this Chapter. (Ord. No. 1429, Sec. 11.46, 5-21-13)
99
Home Occupation
All home occupations operating within the City of Tustin are subject to the following provisions:
i. No persons employed who are not residents on the premises,
ii. No exterior display.
M. No stock -in -trade or commodity sold upon the premises.
iv. No mechanical or electrical equipment used except such as is customary for housekeeping
purposes.
v. No outside operations or storage.
vi. No alteration of the residential appearance of the premises.
vii. No alterations which negatively impact the health safety or welfare of the general public, or
which emits smoke, dust, fumes, odors, vibrations, glare or electrical disturbances onto any
other premises.
viii. No activity which generates excessive pedestrian traffic or vehicular traffic or parking excess or
that otherwise normally found in the zone.
ix. No parking or use made of any vehicle over three-fourths ton carrying capacity.
(Ord. No. 1429, Sec. II.47, 5-21-13)
hh
Light and Glare
All exterior lighting shall be subject to the following standards, unless otherwise exempted by the City
of Tustin:
(a) Outdoor lighting shall be designed so as to minimize impacts from light pollution including light
trespass and glare to minimize conflict caused by unnecessary illumination.
(b) Outdoor lighting fixtures that are used to illuminate a premises, architectural feature or
landscape feature on private property shall be directed, shielded, or located in such a manner,
that the light source is not directed off-site.
(Ord. No. 1429, Sec. I1.48, 5-21-13)
ii
Equipment Screening
Roof -top equipment screening (subject to review and approval by the Community Development
Department).
(a) Roof -mounted equipment screening shall be a minimum of six (6) inches above the tallest piece
of equipment and constructed in a way as to effectively screen equipment from view at right-of-
way.
(b) Screening element must appear visually integrated with the architecture of the building.
Page 31
(Ord. No. 1429, Sec. 11.49, 5-21-13)
PART 9 - ADMINISTRATION
9299 -ZONING ADMINISTRATOR
a
Office Created_
An Office of the Zoning Administrator is hereby created pursuant to Section 65900 et seq., of the
California Government Code.
b
Duties
The Community Development Director, or his/her designee, acting as the Zoning Administrator, shall
have dual responsibility with that of the Punning Commission to hear and decide in accordance with
Council policy and provisions of this chapter, and has the authority to approve, conditionally approve or
deny the following requests when such requests constitute a reasonable use of property not permissible
under a strict literal interpretation of the regulations. The Zoning Administrator reserves the right to
forward any matter listed below to the Planning Commission for consideration and action. Requests for
minor adjustments Zoning Administrator variances in excess of the limitations prescribed in this
subsection, or those development standards not specifically listed in this subsection, shall be subject to
the approval of a variance by the Planning Commission. Requests for conditional use permits or other
specified development applications not specifically listed in this subsection shall be subject to the
approval of a conditional use permit or other discretionary review by the Planning Commission or other
reviewing body as applicable.
(1) Minor adjustments:
(a) A decrease of not more than five (5) percent of the required building site area.
(b) A decrease of not more than ten (10) percent of a required building or landscaping
setback.
(c) An increase of not more than twenty (20) percent in the maximum permitted height of a
fence solid hedge or wall, subject to city approved structural design.
(d) An increase of not more than ten (10) percent of the permitted projection of steps,
stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised
porches and fireplaces into any required building setback.
(e) An increase of not more than ten (10) percent in the maximum permitted building height.
(f) A decrease in the number of required off-street parking spaces for nonresidential land uses
up to a maximum of ten (10) percent.
(g) A decrease of not more than ten percent (10%) in the permitted distances between
detached accessory structures and main structures.
(h) An increase of not more than ten (10) percent in the maximum permitted driveway area
within the front yard setback for residential districts or the front yard for commercial and
industrial districts. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
(i) A decrease in the number of required off-street parking spaces for residential land uses by
a maximum of one (1) parking space. When a second residential unit is being added under
the provisions of Section 9222 or 9223, parking shall be In accordance with the
requirements of those sections. (Ord. No. 1354, Sec. II, 11-4-08)
Q) A increase of not more than ten (10) percent of the maximum sign area allowed, per zoning
regulations.
Page 32
(2) Variances when required by the City Code:
(a) A decrease of not more than ten (10) percent of an individual required building site area.
(b) An increase of not more than twenty (20) percent of the permitted projection of steps,
stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised
porches and fireplaces into any required building setback.
(c) A decrease in the number of required off-street parking spaces for nonresidential land uses
up to a maximum of twenty (20) percent.
(d) A decrease of not more than twenty (20) percent in the required setbacks for buildings,
landscaping, swimming pools, spas and equipment.
(e) An increase of not more than twenty (20) percent of the maximum sign area allowed, per
zoning regulations.
(3) Conditional Use Permits when required by the City Code:
(a) Dish antennas.
(b) Bulk Reverse vending machines.
(c) Business operations (including storage) conducted within view from public right-of-way.
(d) Large recycling locations.
(e) On -premises dry cleaning.
(f) Minor CUPS for existing development where there would be no change of primary use,
there would be no expansion of floor area, and the request would not alter the original
intent of the project or site.
(g) OR site-aAlcoholic beverage sales establishments "A-ense for resta ^+n
(h) Secondhand sales when pawning is not included.
(i) Development or construction of new buildings in the Commercial General (CG) or Industrial
(M) Districts where more than fifty (50) percent of the total area, or any portion of the
ground floor, is designated for use by professional or general offices.
(j) Accessory buildings used as guest quarters.
(k) Temporary uses for a period of more than one (1) year.
(1) Professional and general offices fronting onto Main Street and EI Camino Real and located
within the Old Town Commercial General land use designation. (Ord. No. 1317, Sec. II, 9-
18-06)
(4) Specified development applications:
(a) Soil remediation activities, subject to the same findings as required for a conditional use
perm it.
(b) Time extensions of not more than twelve (12) months from the original expiration date for
minor adjustments, conditional use permits, variances, design reviews, subdivisions and
other development applications, subject to the same noticing requirements that were given
at the time the project was originally approved.
(c) Except where design review is required by the planning commission pursuant to an
adopted specific plan, (a) design review applications within redevelopment project areas;
(b) minor design reviews within redevelopment project areas which include modifications to
existing structures and/or existing facade or site modifications which constitute a change in
three (3) or less major design elements which do not result in a completed facade upgrade,
(c) single-family homes not part of a subdivision, (d) residential room additions and (e) new
or modified accessory structures associated with existing development.
Page 33
(d) Amendment to conditions of approval established by Planning Commission or City Council.
Condition amendments that are determined by the Community Development Director to be
minor in nature and will not alter the original intent of the project or site. Examples would
include changes to exterior materials, colors, elevations, landscaping, walls/fences and
hours of operation.
(Ord. No. 1429, Sec. 11.72, 5-21-13)
c
Application Process
(1) Submittal requirements. Applications for minor adjustments, conditional use permits or other
specified development applications that would be subject to action by the Zoning Administrator
shall be filed with the Community Development Department pursuant to the department's
current application procedures and fee schedule. Applications should be accompanied with a
written description as to how the applicable positive findings for the project type applied for
identified in subsection (3) below can be justified. A single application may include more than
one (1) request applicable to the same project. Applications subject to action by the Zoning
Administrator shall be processed and approved, conditionally approved or denied within the
time limits established by state law for actions of development projects.
(2) Public Hearing and Noticing Requirements. Upon determination that an application is complete,
the Community Development Department shall schedule the matter for consideration by the
Zoning Administrator. If a public hearing is required for the type of application considered, notice
of such public hearing shall be given pursuant to Government Code Section 65091. Minor
adjustments shall be considered by the Zoning Administrator without a public hearing.
Additional noticing time as specked in Government Code Section 65091 may be required to
comply with noticing requirements of the California Environmental Quality Act. In the event of a
conflict between required noticing times, the longer time shall be given.
(3) Required Findings
(a) Minor adjustments shall be granted only when such adjustments are found to be in
conformance with the General Plan and when, because of special circumstances
applicable to the property, including size, shape, topography, or surroundings, the strict
application of the Zoning Ordinance is found to deprive the subject property of privileges
enjoyed by other properties in the vicinity and under identical zone classification. Any minor
adjustment granted shall be subject to such conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and district in which the subject property is
situated.
(1) Minor adjustment to reduce the required amount of nonresidential parking shall be
granted only when, in addition to the findings in Section 9299c(3)(a) above, the
following findings can also be made:
(a) The intent of the parking regulations is preserved;
(b) The parking provided will be sufficient to serve the use intended and potential
future uses of the same site; and
(c) The adjusted decrease in the number of parking spaces shall not be detrimental
to the public health, safety or general welfare or materially injurious to properties
located in the general vicinity.
(2) Minor adjustment to reduce the required amount of residential parking shall be
granted only when, in addition to the findings in Section 9299c(3)(a) above, the
findings in Section 9264b, can also be made. (Ord. No. 1354, Sec. II, 11-4-08)
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(b) Variances may be granted only when such variances are found to be in conformance with
the General Plan and when because of special circumstances applicable to the property,
including size, shape, topography, or surroundings, the strict application of the Zoning
Code is found to deprive the property of privileges enjoyed by other properties in the
vicinity and under Identified zone classification.
(c) Conditional use permits shall be granted only when such conditional use permits are found
to be in conformance with the General Plan and when the establishment, maintenance, or
operation of the use applied for will not, under the circumstances of the particular use, be
detrimental to the health, safety, morals, comfort and general welfare of the persons
residing or working in the neighborhood of such proposed use, or injurious or detrimental to
property and improvements in the neighborhood or the general welfare of the city.
(d) Design review applications may be approved only if such applications are found to be in
conformance with the General Plan and if the location, size, architectural features and
general appearance of the proposed development will not impair the orderly and
harmonious development of the area, the present or future development therein, the
occupancy thereof, or the community as a whole. In making such findings, the following
items shall be considered:
(1) Height, bulk and area of buildings
(2) Setbacks and site planning
(3) Exterior materials and colors
(4) Type and pitch of roofs
(5) Size and spacing of windows, doors and other openings
(6) Towers, chimneys, roof structures, flagpoles, radio and television antennas
(7) Landscaping, parking area design and traffic circulation
(8) Location, height and standards of exterior illumination
(9) Location and appearance of equipment located outside of an enclosed structure
(10) Location and method of refuse storage
(11) Physical relationship of proposed structures in the neighborhood
(12) Appearance and design relationship of proposed structures to existing structures_ and
possible future structures in the neighborhood and public thoroughfares
(13) Proposed signing
(14) Development guidelines and criteria as adopted by the City Council
(4) Zoning Administrator Action. After consideration of the application, and after making the
appropriate findings as required above, the zoning Administrator shall take action to approve,
approve with conditions or deny the application. The decision of the Zoning Administrator shall
be final unless appealed pursuant to subsection d below. The Zoning Administrator shall
provide notice to the applicant within two (2) business days following the action. (Ord. No. 1366,
Sec. 24, 11-17-09)
d
Appeals
Any person may appeal any decision of the Zoning Administrator in accordance with Section 9294 of
this Code. (Ord. No. 1366, Sec. 25, 11-17-09)
Repealed (Ord. No. 1366, Sec, 26, 11-17-09)
Repealed (Ord. No. 1366, Sec. 27,11-17-09)
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(Ord. No, 552; Ord, No. 1116, See. 1, 5-16-94; Ord. No. 1157, Sec. 1, 12-4-95)
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