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HomeMy WebLinkAbout02 CODE AMEND 01-001 05-21-01 NO. 2 AG.ENDA REPORT , MEETING DATE: May 21, 1001 610-20 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 01-001 - SPECIALTY STORES SUMMARY Code Amendment 01-001 and an amendment to Alcoholic Beverage Sales Establishment Guidelines would add a new definition for "specialty stores" and include them as conditionally permitted uses in the retail commercial (C-1), central commercial (C-2), heavy commercial (C-3), commercial general (CC), and industrial (M) districts. In addition, the code amendment would exempt "specialty stores" from the minimum distance separation requirements for off- site alcoholic beverage sales establishments. On May 14, 2001, the Planning Commission recommended that the City Council approve Code Amendment 01-001 (Attachment A - Staff Report/Resolutions). Applicant: City of Tustin Community Development Department RECOMMENDATION That the City Council take the following actions: 1. Adopt Resolution No. 01-54 approving the Final Negative Declaration for the project; and, 2. Introduce and have the first reading of Ordinance No. 1237, approving Code Amendment 01-001 and set for second reading at the Council's next scheduled meeting. 3. Adopt Resolution No. 01-55 amending Alcoholic Beverage Sales Establishment Guidelines. FISCAL IMPACT Code Amendment 01-001 is a City-initiated project. The proposed amendment would not have any fiscal impact on City resources. ENVIRONMENTAL A Final Negative Declaration has been prepared in conformance with the California Environmental Quality Act (Attachment B). City Council Report Code Amendment 01-001- Specialty Stores May 21,2001 Page 2 DISCUSSION The Tustin City Code defines convenience markets as "any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine, and auto-related items, or any combination thereof, are sold for off-site use and/or consumption (Definition Section 9297)." Convenience markets are conditionally permitted within commercial and industrial zoning districts. These markets typically dedicate a large portion of their retail area to refrigerated alcoholic and non-alcoholic beverages for off-site consumption. Currently, all markets with off-site alcoholic beverage sales that are fewer than 15,000 square feet are subject to approval of a conditional use permit and must be located a minimum distance from sensitive uses such as places of worship, public or private schools, parks, and hospitals. The existing convenience market definition is broad and applies to traditional convenience markets that are located on major thoroughfares, in freestanding buildings, and with extended hours of operation as well as small markets that offer specialized products which target customers other than drive-by traffic. Specialty Stores Recently, requests for establishment of food markets (e.g. Asian, organic, and Kosher markets) that offer specialized products have increased. These stores mostly provide fresh meat and produce, spices, food, and beverages that are not typically provided in convenience stores and target patrons other than drive-by traffic. These markets desire to offer alcoholic beverages as a minor/ancillary use that is currently subject to distance requirements related to off-site alcoholic beverage sales. The proposed code amendment would add a new definition for "specialty stores" and would conditionally permit "specialty stores" similar to convenience markets in commercial and industrial zoning districts without requiring a distance separation between "specialty stores" and sensitive uses (Attachment C- Ordinance No. 1237). The definition for "specialty stores" is proposed as: "A market or retail store other than convenience stores with fewer than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor devoted to the display of non-refrigerated alcoholic beverages for off-site consumption and no sales of refrigerated alcoholic beverages." City Council Report Code Amendment 01-001- Specialty Stores May 21,2001 Page 3 Distance Separation Requirements Tustin City Code Sections 9232b(p), 9233c(v), 9235c(dd), and 9242b(g) require that all off- site alcoholic beverage sales establishments be subject to the minimum distance requirements of: · 300 feet from any residentially zoned or used property; · 500 feet from any existing off-site sales establishment; · 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, healthcare facility, or convalescent home; and, · 600 feet from existing on-site establishments, except restaurant establishments. Although these distance requirements provide sufficient separation between convenience stores with off-site alcoholic beverage sales, they would not be necessary for specialty stores based on the proposed definition. As defined, specialty stores could only be located within multiple-tenant centers where a buffer from possible sensitive uses would be typically provided by parking and or other commercial uses. In addition, the store would need to be fewer than 3,500 square feet, operate on limited hours, and display fewer than fifteen (15) square feet of non-refrigerated alcoholic beverages. As proposed, the location, size, hours of operation, and amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act to minimize any potential negative impacts on nearby sensitive uses and avoid overconcentration of alcoholic beverage sales. Alcoholic Beverage Sales Establishment Guidelines The Alcoholic Beverage Sales Establishment Guidelines provide guidance in reviewing applications for alcoholic beverage sales establishments, set forth required findings, and recommend conditions of approval. To be consistent with the proposed amendments to the Tustin City Code, the following modifications to the Guidelines are proposed: · Add the definition of "Specialty Store" to Section II under "Off-Site Sales Establishments"; and, · Add recommended conditions of approval related to the operational characteristics of specialty stores. The proposed modifications are highlighted in Exhibit A of Resolution No. 01-55 (Attachment D). SUMMARY AND FINDINGS In summary, the proposed amendments would establish the following: City Council Report Code Amendment01-001-Specialty Stores May 21,2001 Page 4 · Specialty stores would be subject to approval of a conditional use permit by the Planning Commission. · Specialty stores would not be subject to distance separations between the stores and sensitive uses. · The gross floor area of the store would be fewer than 3,500 gross square feet. · The store could not be open 24 hours per day. · Specialty stores could only be located in retail centers with three (3) or more tenants. · The merchandise would need to be unique food or beverage items not commonly found in the majority of convenience or food markets. · Non-refrigerated alcoholic beverages for off-site consumption may not occupy more than 15 square feet of the retail floor area. · No refrigerated alcoholic beverages would be permitted. · Operators would be eligible for a Type 20 (off-site beer and wine) or Type 21 (off- site beer, wine, and distilled spirits) license from the Department of Alcoholic Beverage Control upon approval of a conditional use permit. · Recommended conditions of approval would be considered by the Planning Commission on a case-by-case basis to ensure that the use operates as a specialty store. Findings to support the proposed amendments are as follows: · The code amendment would provide greater flexibility for specialty retailers in the types of products they can offer while including specific criteria to protect and minimize adverse effects on the public health, safety, and welfare of residents or businesses of the City. · Specialty stores would be conditionally permitted which would provide for a review of potentially adverse impacts of each proposed use. · As defined, "specialty stores" would be limited in size and located in multiple-tenant centers where a buffer from any nearby sensitive uses would be typically provided by parking and other commercial tenants. · As defined, "specialty stores" would provide unique food and beverage items and alcoholic beverages would be limited to non-refrigerated beverages and a maximum of fifteen (15) square feet of retail floor area which would minimize the availability of easily consumable beverages and reduce the likelihood of loitering or adverse behavior in the vicinity of the store. · As defined, "specialty stores" would have limited hours of operation, which would minimize the disruptions to nearby uses. City Council Report Code Amendment 01-001- Specialty Stores May 21, 2001 Page 5 · As defined, the nature, location, size, hours of operation, and amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act to minimize any potential negative impacts on nearby sensitive uses. Minoo Ashabi Elizabeth A. Binsack Associate Planner Community Development Director ccreport\CA 01-001 Attachment: A- Resolution No. 3778 B- Resolution No. 01-54 C- Ordinance No. 1237 D- Resolution No. 01-55 ATTACHMENT A Resolution No. 3778 RESOLUTION NO. 3778 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 01-001 TO: 1) AMEND ARTICLE 9, PART 9, SECTION 9297 OF THE TUSTIN CITY CODE TO INCLUDE A DEFINITION FOR "SPECIALTY STORES"; 2) AMEND SECTIONS 9232(b)(y), 9233(c)(ee), 9234(c)(13), 9235(c)(hh), 9242(b)(h) TO ADD "SPECIALTY STORES" AS CONDITIONALLY PERMITTED USES WITHIN THE RETAIL COMMERCIAL (C-'I), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M) DISTRICTS; 3) AMEND SECTIONS 9232b(p), 9233c(v), 9234c(10), 9235c(dd), 9242b(g) TO EXEMPT SPECIALTY STORES FROM THE DISTANCE SEPARATION REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES WITHIN THE RETAIL COMMERCIAL (C-1), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M) ZONING DISTRICTS; AND, 4) AMEND THE ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES TO INCLUDE A DEFINITION FOR "SPECIALTY STORES" AND RECOMMENDED CONDITIONS OF APPROVAL The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: A. That Code Amendment 01-001 and an amendment to the Alcoholic Beverage Sales Establishment Guidelines has been prepared to include a new definition for specialty stores, conditionally permit specialty stores within the Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C-3), Commercial General (CG), and Industrial (M) zoning districts, exempt specialty stores from off-site alcoholic beverage sales distance separation requirements, and amend the Alcoholic Beverage Sales Establishment Guidelines to add a definition for specialty stores and recommended conditions of approval. B. That a public hearing was duly noticed, called, and held on this project by the Planning Commission on May 14, 2001. C. The proposed project is consistent with the General Plan which provides for the establishment of a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. D. The proposed code amendment and amendment to Alcoholic Beverage Sales Establishment Guidelines are necessary to provide flexibility for Resolution No. 3778 Page 2 ] specialty retailers while protecting and minimizing adverse affects on the public health, safety, and welfare of residents or businesses of the City, based upon the following: 4 1. Specialty stores would be conditionally permitted which would 5 provide for a review of potentially adverse impacts of each 6 proposed store. 7 2. As defined, "specialty stores" would be limited in size and located in multiple-tenant centers where a buffer from any nearby sensitive ~ uses would be typically provided by parking and other commercial 9 tenants. ]0 3. As defined, "specialty stores" would provide unique food and beverage items and alcoholic beverages would be limited to non- ]~ refrigerated beverages and a maximum of fifteen (15) square feet ~ of retail floor area which would minimize the availability of easily consumable beverages and reduce the likelihood of loitering or 13 adverse behavior in the vicinity of the store. ]4 4. As defined, "specialty stores" would have limited hours of operation, ]-< which would minimize the disruptions to nearby uses. 16 5. ,As defined, the nature, location, size, hours of operation, and I? amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act to minimize any potential negative 18 impacts on nearby sensitive uses. ]~) E. The proposed amendments are consistent with the Tustin General Plan in _~0 that they comply with the following General Plan Policies: 2] Land Use Element Policy 1.2: Provide for and encourage the ~2 development of neighborhood-serving commercial uses in areas of Tustin presently underserved by such uses. 23 Goal 7: Promote expansion of the City's economic base and diversification of economic activity. ' Land Use Element Policy 7.5: Focus retail development into consolidated, economically viable and attractive centers of adequate size and scale, which offer a variety of retail goods and amenities. 28 F. That a Final Negative Declaration has been considered and recommended _~9 for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. Resolution No. 3778 Page 3 -'II. The Planning Commission hereby recommends that the City Council approve Code Amendment 01-001 with the following amendments to the Tustin City Code and Alcoholic Beverage Sales Establishment Guidelines: 4 A. The following definition shall be added to Tustin City Code Section 9297 5 (Definitions): O "Specialty store means a market or retail store other than convenience - stores with fewer than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not ~ commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are ~0 incidental with no more than fifteen (15) square feet of the retail floor ~,.. devoted to display of non-refrigerated alcoholic beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages." ~2 B. The following land use shall be added to Tustin City Code Sections: 9232(b)(w), 9233(c)(ee), 9234(c)(13), 9235(c)(hh), and 9242(b)(h)shall be ~- amended to include: "Specialty Stores" C. The following text shall be added as Tustin City Code Sections 9232b(p)(4), ~ 9233c(v)(4), 9234c(10)(4), 9235c(dd)(4), and 9142b(g)(4) regarding off-site sales establishments: ~,~ "Specialty stores as defined by Section 9297 of the Tustin City Code shall be exempt from minimum distance regulations." 2u D. The Alcoholic Beverage Sales Establishment Guidelines shall be amended as shown in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 14th day of May, 2001. ~LESLIE A. PONTIOUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3778 Page 4 ! STATE OF CALIFORNIA ) 2 COUNTY OFOR~NGE ) SS CITY OF TUSTIN ) 3 4 I, ELI7_~BETH A. BINSACK, the undersigned, hereby cedify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that 5 Resolution No. 3778 was duly passed and adopted at the regular meeting of the Tustin 6 Planning Commission, held on the 14th day of May, 2001. ? 0 ELIZABETHA. BINSACK Planning Commission Secretary 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 Exhibit A Alcoholic Beverage Sales Establishment Guidelines CITY OF TUSTIN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES PURPOSE AND INTENT: The purpose of these guidelines is to set forth guidelines to be considered in conjunction with the conditional use permit process 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 is to: 1. Establish reasonable guidelines to promote orderly development; 2. Identify operational guidelines to minimize the impacts on adjacent properties and neighborhoods; and, 3. Ensure implementation of certain regulations necessary to protect public safe~:. POLICY: The guidelines together with the Tustin City Code shall be considered by the Community Development Department and the Planning Commission 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 or Planning Commission may consider deviations when all the required findings can be made. Amendments to these guidelines shall be considered by the Planning Commission. Alcoholic Beverage Sales Establishment Guidelines Page 1 USING THE GUIDELINES I. ORGANIZATION The guidelines are organized into four sections: 1. Definitions: The definitions delineate on-site or off-site sales establishments and supplement uses described and regulated by the Tustin City Code and adopted Use Determinations. 2. Permit Process: The permit process identifies processing procedures for obtaining approval for on- and off-site alcoholic beverage sales establishments. 3. Findings: Findings are provided to be considered for incorporation into project resolutions as adopted by the Zoning Administrator or Planning Commission. 4. Development Guidelines and Standard Conditions of Approval: The development guidelines are conditions of approval that are to be incorporated into project resolutions adopted by the Zoning Administrator or Planning Commission. The development guidelines/conditions of approval provide minimum standards for operational characteristics of specific types of uses. II. DEFINITIONS The following definitions supplement uses described and regulated by the Tustin Ci~/ Code and adopted Use Determinations and a're to be used in determining whether a use is an on-site or off-site sales establishment. If there is a discrepancy with the following definitions, the Zon. ing Code shall prevail. Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments are comprised of on-site and off-site establishments. Alcohol is either sold for consumption on the premises (on-site) or sold for consumption off the premises (off-site). The following definitions are grouped under on-site or off-site sales establishments and incorporate the regulations regarding sale of alcohol and types of uses defined by the Tustin City Code and adopted Use Determinations. · :. On-Site Sales Establishment: An on-site sales establishment provides for the sale of alcoholic beverages for consumption on the premises. On-site sales establishments, such as amusement resorts or clubs, are subject to the following minimum distance regulations measured from the closest exterior wall of the on-site establishment to the propertT line of any of the Alcoholic Beverage Sales Establishment Guidelines Page 2 following sensitive uses. Restaurant establishments, as defined in these guidelines, are excluded from the distance regulations. 1. 1,000 feet from any residentially zoned or used property. 2. 1,000 feet from anv other existing off-site sales establishment or on- site sales establishments except for a restaurant. 3. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. Definitions of On-Site Sales Establishments: Amusement Resorts: include arcades, theaters, auditoriums, social halls and indoor/outdoor recreation facilities, including billiard/pool halls and bowling alleys. Facilities that serve beer, wine or other alcoholic beverages and are not ancillary to a full- service restaurant on the premises, or that utilize more than 50 percent of the total gross floor area of the establishment, shall be subject to the distance requirements for on-site sales establis~xtents. Arcade: An establishment that has more than five coin or token operated video, pinball, electronically interactive games, virtual reality games, or any other machines which provide games and/or show movies or videotapes for entertainment purposes. Billiard~Pool Hall: An establishment with signing or advertising of billards and/or accommodating three (3) or more billard, pool, or similar games of skill. Bowling Alley: An indoor facility providing lanes and services for the purpose of bowling. These facilities may include ancillary retail sales of bowling merchandise, food and beverages. Indoor/Outdoor Recreation Facilities: An establislxrnent designating more than 50 percent of the total square footage including indoor and outdoor areas to amusement/entertainment services, sports and types of recreation where a fee or admission is charged., includhag arcades containing coin or token operated amusements and/or electronic games; batting cages, go-cart and miniature auto race tracks; Alcoholic Beverage Sales Establishment Guidelines Page 3 golf driving ranges separate from golf courses; miniature golf; swim and tennis clubs; bowling alleys; children's entertainment centers; pool and billiard rooms; skating and hockey ril~ks and parks, virtual really, establishments, etc. This does not include card rooms; or dance clubs, halls and ballrooms, which are included in the definition of "Bars". Theaters, Auditoriums, Social Halls: An indoor facility for public assembly and group entertainment including public and semi-public auditoriums, exhibition and social and convention halls, civic theaters, meeting halls, country clubs and facilities for "live" theatrical entertainment, musical concerts, motion pictures, video taped presentations, or slide photographs, and offers food and drink that is not ancillary to a full-service restaurant within the premises. These facilities are for use or rent by the general public. Clubs: An establishment with table and bar seating that serves beer, wine and other alcoholic beverages to patrons for on-site consumption, which is not an ancillary use to a full-service restaurant. If food service is offered, the gross receipts of alcohol sales exceed the gross receipts of food sa]es. Bar~Tightclub: A bar or nightclub establishment typically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic acts, and/or food and drink that is not ancillary to a full- service restaurant, and the gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail bar or alcoholic beverage drinking place. Membership Organizations: Permanent, headquarters, and meeting facilities for organizations operating on a membership basis for the promotion of the interes'ts of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations; political Alcoholic Beverage Sales Establishment Guidelines Page 4 organizations and other membership organizations. May include meeting facilities, and food preparation and dining facilities available to members only. However, this does not include country clubs, which is defined under "Theaters, Auditoriums and Social Halls" above. Microbrewery: A tasting facility or bar ancillary to the production of beer and where the production of beer is not ancillary to a full-service restaurant within the facility. · Restaurant: A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption. At least 80 percent of tile premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery, billiard/pool tables, video games, public dancing, and live entertainment, ancillary to the restaurant use. In the area devoted to the ancillary use, tile gross armual sa]es of food shall exceed the gross annual sales of alcohol. Lounge (Cocktail Lounge): A designated area with table and bar seating within a full service restaurant where alcoholic beverages are served for on-site consumption. The gross receipts Of food sales must exceed the gross receipts of alcohol sales. The area of the lounge shall be less than 50 pe~'cent of the total dining area of the restaurant. Microbrewery: If the production of beer is ancillary to a full-service restaurant within the facili~, providing food and drink including the microbrew produced on-site, the microbrewery can be considered a restaurant. Off-Site Sales Establishment: The sale of alcoholic beverages for consumption off the premises. Off-site sales in an establishment less than 15,000 square feet and in establishments greater than 15,000 square feet where the alcohol beverage sales area occupies more than 10 percent of the gross floor area are subject to the following minimum distance regulations. Alcoholic Beverage Sales Establishment Guidelines Page 5 1. 300 feet from any residentially zoned or used property. 2. 500 feet from arty other existing off-site sales establishment. 3. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 4. 600 feet from existing on-site sales establishments, except restaurant establishments. Definitions of Off-Site Establishments · Convenience Store: A retail establishment that is under 15,000 square feet in size where food, beverage, magazines and auto related items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered a primary use when they occur within a retail business that is less than 15,000 square feet in gross floor area. or where the total area of sales is more than 10 percent of the total gross floor area. · Food Market Store: 'A retail establishment where food, beverage, household and personal items, or an), combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered an accessory use when included as part of another retail business that occupies at least 15,000 square feet of gross floor area, and where the total area devoted to alcoholic beverage sales occupies no more than 10 percent of the total gross floor area and are exempt from distance requirements. Alcoholic beverage sales are considered a primary use when they occur within a retail business where the total area of sales is more than 10 percent of the total gross floor area and would be defined as a convenience store. · Microbrewery: An establishment that includes beverage production of beer and ma), include a tasting facility and sales of beer produced on the premises. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within a tasting facilit).:. · Restaurant (Take-Out): A retail establishment that sells food prepared on the premises and beverages solely for off-site consumption. *': :~ s~ciaI~.'star~e'..~::.,.~?m~arket or: r.eta.fl'.'S~0~e other :~han a com,,eni~n~e hot~;10~: 0perations;:.:ii~da~d: ina retail:ii~n~r with rn6rett~an'three:~ii3) Alcoholic Beverage Sales Establishment Guidelines Page 6 III. PERMIT PROCESS Applicants requesting approval for the on- or off-site sale and/or consumption of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning CmTu~tission. Projects Subject to the Guidelines The sale of alcoholic beverages for on-site or off-site consumption at new or existing establishments, as regulated by the Zoning Code, Planned Communi~, District Regulations, or Specific Plans, shall comply with these guidelines. IV. REQUIRED FINDINGS In considering applications .for alcoholic beverage sales establishments, the Zoning Administrator and/or the Planning Commission shall find the following: 1. That the establishment, maintenaa~ce and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses related thereto will not be detrimental to the health, safer3,:, morals, comfort, or general welfare of the persons residing or working hx the neighborhood, nor be injurious or detrimental to the propert3: and improvements in the neighborhood of the subject property, or to the general welfare of the Ci~, of Tustin, as evidenced by specified findings. 2. That the operational characteristics and features of the facilit3,, such as the hours of operation, outdoor dining, live entertainment, coin operated video games, and billiard/pool tables, are appropriate for the location and type of use proposed in relation to surroundhxg residential areas, sensitive uses such as places of worship, pm'ks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. 3. That the development or modification of an establishment selling alcoholic beverages shall be consistent with the General Plan and Zoning Code. Alcoholic Beverage Sales Establishment Guidelin. es Page 7 V. DEVELOPMENT GUIDELINES AND CONDITIONS OF APPROVAL The following guidelines are set forth as recommended conditions of approval to ident~fiy desirable project characteristics and operating conditions for specified uses and ensure compliance through incorporation into approval resolutions. Alcoholic Beverage Sales Establishment Guidelines Page 8 1. All Sales Establishments (On-Site and Off-Site Sales): 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 provided to the City. b. Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the 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, as provided for the Tustin City Code. c. No loitering signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. d. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each da), that the business is open. e. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. f. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance wi'th the Tustin City Code. g. 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 of Tustin. h. The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Director which states that the property owner, applicant, and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. Alcoholic Beverage Sales Establishment Guidelines Page 9 2. All On-Site Sales Establishments: a. Ail alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. b. Authorization for on-site sa]es 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 the primary use of the site, the use permit shall be deemed null and void. c. Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.1 Amusement Resorts & Clubs: a. All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. c. Operating hours shall be determined bv the Planning Commission. d. The gross annual sales receipts shall be provided to the Community Development Department annually. 2.2 Restaurants: a. The restaurant menu shall consist of foods that are prepared on the premises. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. c. All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Alcoholic Beverage Sales Establishment Guidelines Page 10 d. The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. e. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. f. One billiard or pool table shall be permitted for every 2,000 square feet of total gross floor area of the restaurant up to a maximum of two (2) tables. g. A maximum of five coin operated video arcade games, virtual reality games or coin operated games may be located on the premises. h. Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. i. The gross annual sales receipts shall be provided to the Community Development Department annually. j. To verify that the gross annual sales of food exceeds the gross annual sales of alcohol in an area devoted to an ancillary use, an audited financial statement shall be provided for review and approved by the Communi~ Development Director quarterly and/or annually, as deemed necessary. If the audited financial statement demonstrates that the sales of alcohol exceeds the sales of food in the area devoted to the ancillary use, the ancillary use(s) shall cease immediately until it can be determined whether the ancillary use is operating as a primary use that would be subject to distance separation requirements. 3. Off-Site Sales: a. All persons selling alcoholic beverages for off-site consumption shall be 21 years of age or older. b. No alcoholic beverages shall be consumed on the property or any adjacent propert3, to the licensed premises. Alcoholic Beverage Sales Establishment Guidelines Page 11 c. Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than 10 feet from the point of sale and a minimum of five 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. For establishments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. f. Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual really? or coin/token operated games. g. ' The;:'SiZe of the:tenant sPfic~'.shall niV:t'be eXpanded!: Without[: ~vritten :HoUrs. of . ........ 0pe;ati0n S~ll belimited to ... ..... ":' .'aha' ::: ':,. i..~'~] specialt~'.:~: $~o~:es~ :ifiOi refrigmtated aicph01ic..!,be~,erage~' ,rna3:' ibc j..: :.: For ,dp/~ci~lty stora~;, no more. thafi .f. ifteen.2(!~),.square f%t of retail fl'6°r., area: inay 'be ::ae~,°tba.i,i~o the' aispla~.~:..0f. alcSholic'.bdve~e Alcoholic Beverage Sales Establishment Guidelines Page 12 ATTACHMENT B Resolution No. 01-54 RESOLUTION NO. 01-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -~ TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT ~ 01-001 AS REQUIRED BY THE CALIFORNIA ~ ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Code Amendment 01-001 is considered a "project" '~ pursuant to the terms of the California Environmental Quality ,,:i Act. ~ B. A Negative Declaration has been prepared for this project and has been distributed for public review. ~2 ~:~ C. The Planning Commission of the City of Tustin considered evidence presented by the Community Development Director ~4 and other interested parties with respect to the subject ~ Negative Declaration, and on May 14, 2001, recommended that the City Council certify the 'Negative Declaration. ~: D. The City Council of the City of Tustin considered evidence presented by the Community Development Director and other ~ interested parties with respect to the subject Negative Declaration, and on May 21, 2001, determined that the ~'~ Negative Declaration is adequate and complete. '20 II. A Final Negative Declaration has been completed in compliance with :l CEQA and state guidelines. The City Council has received and ?.2 considered the information contained in the Negative Declaration prior to approving the proposed project, and found that it adequately '.':'.. discussed the environmental effects of the proposed project. Further, the City Council finds the project involves no potential for _-.4 any adverse effects, whether individually or cumulatively, on wildlife :.~, resources; and, therefore, makes a De Minimis Impact finding related to the California State Department Fish and Game Code ;~, Section 711.4. 2g 29 Resolution No. 01-54 Page 2 ?- PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of May, 2001. .'~ 4 Tracy Wills Worley Mayor PAMELA STOKER City Clerk II ~-~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 01-54 I.~ ~, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the ~: members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 01-54 was duly and regularly introduced, passed, ~'~ and adopted at a regular meeting of the Tustin City Council, held on the ,,) 21st day of May, 2001. ~0 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: _~- COUNCILMEMBER ABSENT: '2-' :-': PAMELA STOKER ,_,~, City Clerk 2~ Exhibit A- Resolution No. 01.-54 Initial Study/Negative Declaration COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial I4."t~'. Tu.s'tin, C:4 92780 (-'141 573-3100 NEGATIVE DECLARATION Project Title: Code Amendment 01-001 - Specialty.' Stores Project Location: Citywide Pro. ject Description: Amendments to Tustin City Code Article 9, and the Alcoholic Beverage Sales Establishment Guidelines to: 1) add a new definition for "Specialty Stores"; 2) Amend Sections 9232b, 9232c, 9235c, and 9242b of Tustin City Code to list "Specialty Stores" as conditionally pe~xnitted uses within the Retail Comxnercial (C-l), Central Commercial (C-2), Commercial General (CCi) and Industrial (M) zoning districts; and. 3) Amend City Code Sections: 92.,2b(p). 92.~_,c(x), )2.,>c(dd), 9142b(g) and the Alcoholic Beverage Sales Establishment Guidelines to exexnpt "Specialty Stores" from distance requirements set forth in and the Tustin City Code and the Alcoholic Beverage Sales Establishment Guidelines. Project Proponent: City of Tustin, 300 Centennial Way, Tustin, CA 92780 Lead Agency Contact Person: Minoo Ashabi Telephone: (714) 573-3174 The Community Development Department has conducted tin Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Qualit)' Act, and on the basis of that stud)' hereby finds: [~ That there is no substantial evidence that the project may have a significant effect on the environment. ['--1 That potential significant effects were identified, but revisions have been included in the pro. ject plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Stud).' which is attached hereto and incorporated herein. Therefbre, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City.' of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON May 14, 2001. Elizabeth A. Binsack Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Code Amendment 01-001 (Specialty Stores) Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: 714/573-3126 Project Location: Citywide Project Sponsor's Name and Address: City of Tustin General Plan Designation: Community Commercial, Old To'am Commercial, and Industrial Zoning Designation: Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C-3), Commercial General (CG), and Industrial (M) zoning districts Project Description: A Code Amendment to Tustin City Code and Alcoholic Beverages Sales Establishment Guidelines to include "Specialty Stores" as a conditionally permitted use within the Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C-3), Commercial General (CG), and Industrial (M) zoning districts Surrounding Uses: North: N/A East: N/A South: N/A West: N/A Other public agencies whose approval is required: ['--] Orange County Fire Authority [--] City of Irvine [--] Orange County Health Care Agency [--] City of Santa Ana [--] South Coast Air Quality Management [--[ Orange County District EMA [~] Other B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [--]Land Use and Planning [-']Hazards ['-]Population and Housing [--]Noise [-']Geological Problems [-"]Public Services [--]Water [--]Utilities and Service Systems l--lAir Quality [-']Aesthetics [--]Transportation & Circulation [--]Cultural Resources ['-]Biological Resources [--]Recreation [--]Energy and Mineral Resources [--]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [5~ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECI,AILATION will be prepared. [--] I find that the proposed project MAY have a significant effect on the envirom~ent, and an ENVIRONMENTAL IMPACT REPORT is required. [---] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately anal3~ed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant lmpact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [--] I find that although the proposed project could have a significant effect on the environment, there WILL NO'r be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. [~ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1 ) have been analyzed adequately in an earlier NEGATIVE DECLA1L~kTION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Minoo Ashabi Title Associate Planner Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS Direclions 1 ) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced intbrmation sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No hnpact"answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant impact" entries when the determination is made, and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Eat lier aualyses may be used where, pursuant to the tiering, program E'IR, or other CEQA process, an effect has been adequately analyzed Jn an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identi~,' the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) hnpacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects xvere addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A soume list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the queslions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the hnpact to less than significance. EVALUATION OF ENVIRONMENTAL I'MPACTS Less Than Sig.(/~c.nt Potentially With Less Than Significant Mitigation Signi. ficant 1. AESTHETICS - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect on a scenic vista? [] [] [] [] b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [] [] [] [] c) Substantially degrade the existing visual character or quality &the site and its surroundings? [] [] [] [] d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? [] [] [] [] Il. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farm]and), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [] [] [] [] b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? [] [] [] [] c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [] [] [] [] Ill. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation &the applicable air quality plan? [] [] [] [] b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? [] [] [] [] c) Result in a cumulatively considerable net increase &any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [] [] [] [] d) Expose sensitive receptors to substantial pollutant concentrations? [] [] [] [] e) Create objectionable odors affecting a substantial number of people? [] [] [] [] Less Than Significant Potentially With Less Than Significant Mitigation Significant IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlitb Service? [] [] [] [] b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department offish and Game or U.S. Fish and Wildlife Service? [] [] [] [] c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [] [] [] [] d) Interfere substantially with the movement of any native resident or migratoD' fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [] [] [] [] e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? [] [] [] [] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [] [] [] [] V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ~ 15064.5? [] [] [] [] b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? [] [] [] [] c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? [] [] [] [] d) Disturb any human remains, including fl~ose interred outside of formal cemeteries? [] [] [] [] VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Less Than Significant Potentially l~Tith Lexs Than Significant Mitigation Significant Impact h~cor?oration Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence ora known fault? Refer to Division of Mines and Geology Special Publication 42. [] [] [] [] ii) Strong seismic ground shaking? [] [] [] [] iii) Seismic-related ground failure, including liquefaction? [] [] [] [] iv) Landslides? [] [] [] [] b) Result in substantial soil erosion or the loss of topsoil? [] [] [] [] c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? [] [] [] [] d) Be located on expansive soil, as defined in ]'able 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or propert?? [] [] [] [] e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available/hr the disposal of waste water? [] [] [] [] VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? [] [] [] [] b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [] [] [] [] c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? [] [] [] [] d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [] [] [] [] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles ora public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [] [] [] [] f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing. or working in the pro. ject area? [] [] [] [] Less Than Significant Potentially With Less Than Significant Mitigation Signt.'ficant g) Impair implementation of or physically interfere with an Imt~act Incorporation Impact .¥o Impact adopted emergency response plan or emergency evacuation plan? [] [] [] [] h) Expose people or structures to a significant risk of loss, injury or death involving wiidland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? [] [] [] [] VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? [] [] [] [] b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net defici! in aquifer volume or a lowering of the local groundwater table level (e.g.. the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [] [] [] [] c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? [] [] [] [] d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course ora stream or river, or substantially increase the rate or amount of surt~ce runoff'in a manner which would result in flooding on- or off:.site? [] [] [] [] e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. [] [] [] [] f) Otherwise substantially degrade water quality? [] [] [] [] g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Itazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [] [] [] [] h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? [] [] [] [] i) Expose people or structures to a significant risk of loss. injury or death involving flooding as a result of the failure ora levee or dam? [] [] [] [] j) Inundation by seiche, tsunami, or mudflow? [] [] [] [] IX. LAND USE AND PLANNING .- Would the project: a) Physically divide an established community? [] [] [] [] Less Thau Significant P olentially With £ess Than Significant Mitigation Sign~cant b) Conflict with any applicable land use plan, policy, or Impact Incorporation Impact No Impact regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the pu~ose of avoiding or mitigating m~ environmental effect? ~ ~ ~ ~ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ~ ~ ~ ~ X. MINERAL RESOURCES- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the stole? ~ ~ ~ ~ b) Result in the loss ofavailabilJty ora locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan'? ~ ~ ~ ~ XI. NOISE- Would the prqiect result in: a) Exposure of persons to or generation of noise levels in excess of standards established in fl~e local general plan or noise ordinance, or applicable standards of other agencies? [] [] [] [] b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? [] [] [] [] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the prqject? [] [] [] [] d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? [] [] [] [] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [] [] [] [] f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the prqject area to excess noise levels? [] [] [] [] XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [] [] [] [] b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? [] [] [] [] Less Than Significant Potentially' With Less Than Significant Mitigation Significant Impact Incorporation Impact .¥o Impact c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? [] [] [] [] XIII. PUBLIC SERVICES a) Would the project result in substantial adverse phy'sical impacts associated with the provision of new or physically altered governmental fhcilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives fbr an)' of the public services: Fire protection? [] [] [] [] Police protection? [] [] [] [] Schools? [] [] [] [] Parks? [] [] [] [] Other public facilities'? [] [] [] [] XIV. RECREATION - a) Would the proiect increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [] [] [] [] b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [] [] [] [] XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [] [] [] [] b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? [] [] [] [] c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? [] [] [] [] d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [] [] [] [] e) Result in inadequate emergency access? [] [] [] [] 0 Result in inadequate parking capacity? [] [] [] [] Less Than Significant Potentially With Les.~ Than Significant Mitigation Significant hnpact Incorporation Impact No Impact g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [] [] [] [] XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [] [] [] [] b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [] [] [] [] c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant envirgnmental effects7 [] [] [] [] d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? [] [] [] [] e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capaciLv to serve the project's projected demand in addition to the provider's existing commitments? [] [] [] [] f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? [] [] [] [] g) Comply with federal, state, and local statutes and regulations related to solid waste? [] [] [] [] XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat ora fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? [] [] [] [] b) Does the project have impacts that are individually limited, but cumulatively considerable'? ("Cumulatively considerable" means that the incremental effects ora project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? [] [] [] [] c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [] [] [] [] ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CODE AMENDMENT 01-001, SPECIALTY STORES BACKGROUND The purpose of this Code Amendment is to add a new definition for "Specialty Stores" that currently fall under the "Convenience Market" definition in Article 9 of the City Code and the City's Alcoholic Beverage Sales Establishment Guidelines. The amendment would list "Specialty Stores" as conditionally permitted uses within the Commercial and Industrial zoning districts and exempt "Specialty Stores" from the minimum distance requirements associated with off-site alcoholic sales establishment set forth in the City Code and Alcoholic Beverage Sales Establishment Guidelines. There would be no physical improvement or changes in the environment as a result of the adoption of this code amendment. Impacts of potential future projects would be evaluated in conjunction with each future project. 1. AESTHETICS Items a throuqh d -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. The proposed code amendment will not have any effects on aesthetics in the area including scenic vistas or scenic resources, including, but not limited to, trees, rocks outcropping, and historic buildings within a state scenic highway. The proposed code amendment will not degrade the existing visual character or quality of the plan area or its surroundings. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin Zoning Code Tustin General Plan Mitigation/Monitoring Required: None Required 2. AGRICULTURAL RESOURCES Items a through c -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts; however, no physical improvements are currently proposed in conjunction with the code amendment. The proposed code amendment will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The code amendment will not result in conversion of farmland to a non-agricultural use. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Specially Slores - Code .4mendmen! - Initial Stud), ,4 llachment A Page 2 qf 7 Sources: Tustin General Plan Miti.qation/Monitorinq Required: None Required 3. AIR QUALITY Items a throuqh e -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts; however, no physical improvements are currently proposed in conjunction with the code amendment. The code amendment will not conflict with or obstruct implementation of any applicable air plan, violate any air quality standard, result in a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Impacts related to any future project would be evaluated when a specific project is proposed. Sources: South Coast Air Quality Management District Rules and Regulations Tustin General Plan Mitigation/Monitoring Required: None Required 4. BIOLOGICAL RESOURCES Items a throuqh f-"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts; however, no physical improvements are currently proposed in conjunction with the code amendment. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies, or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service would occur as a result of this code amendment. Impacts related to any future project would be evaluated when a specific project is proposed. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 5. CULTURAL RESOURCES Items a throuqh d -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts; however, no physical improvements are currently proposed in conjunction with the code amendment. The code amendment will not .~oeciahy Slore.v - Code ,4mendmcn! - Initial Study .4 llachmcn! ...I Page 3 o. f 7 adversely affect any historical resources or archaeological resources or destroy or disturb a unique paleontological resource, human remains, or geological feature. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Cultural Resources District Tustin Zoning Code General Plan Mitigation/Monitoring Required: None Required 6. GEOLOGY AND SOILS Items a (I). a (ii), a (iii). a (iv). b. c. d and e -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts; however, no physical improvements are currently proposed in conjunction with the code amendment. As such, the proposed code amendment will not expose people to potential adverse geologic impacts, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosion, or loss of top soil, nor is the project on unstable or expansive soil. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 7. HAZARD AND HAZARDOUS MATERIALS Items a through h -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts; however, no physical improvements are currently proposed in conjunction with the code amendment. The proposed code amendment will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.), nor is the project area located within an airport land use plan or vicinity of a private airstrip. Impacts related to any future project would be evaluated when a specific project is proposed. Sources: Orange County Fire Authority Orange County Health Agency Tustin General Plan Mitigation/Monitorinq Required: None Required ~'pe¢ia[z.y S/ore,v - Code Amendment - Initial Study ,-I tlachment ,~ Page 4 o fY 8. HYDROLOGY AND WATER QUALITY Items a through i -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts; however, no physical improvements are currently proposed in conjunction with the code amendment. The code amendment will not result in any change in the amount or direction of surface or groundwaters. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 9. LAND USE AND PLANNING Items a throuqh c -"Less than Siqnificant Unless Mitiqated": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. The proposed code amendment will not physically divide an established community or conflict with any applicable habitat conservation plan. The proposed amendment would provide for establishment of "Specialty Stores" with approval of a conditional use permit. Land use impacts would be identified and evaluated in conjunction with a specific project and potential impacts would be mitigated with conditions of approval in conjunction with approval of a specific project. Sources: Tustin General Plan Tustin Zoning Code Alcoholic Beverage Establishment Guidelines Miti.qation/Monitorin,q Required: None Required 10. MINERAL RESOURCES Items a and b - "No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. The proposed code amendment will not result in loss of a known mineral resource or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use maps. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan ,%'pecialt. r' .~torc,.s' - Code, Amendmen! - hdtial ,4 ttachment o4 Page 5 o. f 7 Miti.qation/Monitorinq Required: None Required 11. NOISE Items a throuqh f- "'No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. The proposed code amendment will not expose persons to noise levels in excess of standards established in the general plan, noise code amendment, or excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin City Code Tustin General Plan Miti.qation/Monitorinq Required: None Required 12. POPULATION AND HOUSING Items a. b. and c- "No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. No impact associated with the increase in population and housing is anticipated. Sources: Tustin General Plan Miti.qation/Monitorinq Required: None Required 13. PUBLIC SERVICES Item a -" No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. The proposed code amendment will not create demand for alteration or addition of government facilities or services (fire and police protection, schools, parks, etc.). Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required Specialo' SIores - Code ,-Imendmenl - Initial Study .,Itlachrnent ,4 t'age 6 of 7 14. RECREATION Items a and b - "No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. The code amendment would not increase demand for neighborhood parks or recreational facilities. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miti.qation/Monitorinq Required: None Required 15. TRANSPORTATION/TRAFFIC Items a throuqh _~ -"No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. No alteration in the traffic generation and circulation patterns within the project area would be affected by the proposed code amendment. The proposed code amendment will not result in changes to air traffic patterns, emergency access, level of service standards, or conflict with adopted policies, plans, or programs supporting alternative transportation. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miti.qation/Monitoring Required: None Required 16. UTILTIES AND SERVICE SYSTEMS Items a throuqh .q - "No Impact": The proposed code amendment would establish provisions for establishment of "Specialty Stores" within the Commercial and Industrial zoning districts. No physical improvement is proposed in conjunction with the code amendment. The adoption of the code amendment will have no impacts to water treatment, water supply, wastewater treatment, and solid waste disposal. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required Specialty Stores - Code Amendment - Inilial ,4 Itachment ,4 Page 7 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a through c - "No Impact": The purpose of the proposed code amendment is to add a new definition for "Specialty Stores" in Article 9 of the City Code and the City's Alcoholic Beverage Sales Establishment Guidelines. The amendment would list "Specialty Stores" as conditionally permitted uses within the Commercial and Industrial zoning districts and exempt "Specialty Stores" from the minimum distance requirements associated with off-site alcoholic sale establishments set forth in the City Code and the Alcoholic Beverage Sales Establishment Guidelines. There would be no physical improvement or changes in the environment as a result of the adoption of this code amendment. Impacts of potential future projects would be evaluated in conjunction with each future project. The code amendment does not have the potential to degrade the quality of the environment, achieve short-term environmental goals to the disadvantage of long-term goals, nor produce significant negative indirect or direct effects on humans. S:\CDD\Neg dec\ neg dec -CA 01-001 attachment A.doc ATTACHMENT C Ordinance No. 1237 ! ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CODE AMENDMENT 01-001 TO: 1) AMEND ARTICLE 9, PART 9, SECTION 9297 OF THE TUSTIN CITY CODE TO INCLUDE A DEFINITION FOR "SPECIALTY STORES"; 2) AMEND SECTIONS 9232(b)(y), 9233(c)(ee), 9234(c)(13), 9235(c)(hh), 9242(b)(h) TO ADD "SPECIALTY STORES" AS CONDITIONALLY PERMITTED USES WITHIN THE RETAIL COMMERCIAL (C-1), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M) DISTRICTS: 3) AMEND SECTIONS 9232b(p), 9233c(v), 9234c(10), 9235c(dd), 9242b(g)TO EXEMPT SPECIALTY STORES FROM THE DISTANCE SEPARATION REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES WITHIN THE RETAIL COMMERCIAL (C-1), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M) ZONING DISTRICTS. ~2 The City Council of the City of Tustin does hereby ordain as follows: I' Section 1. FINDINGS 15 The City Council of the City of Tustin finds and determines as follows: I b ~ A. That Code Amendment 01-001 has been prepared to include a new definition for specialty stores, conditionally permit ~,~ specialty stores within the Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C-3), Commercial ~ General (CG), and Industrial (M) zoning districts, exempt :,,~ specialty stores from off-site alcoholic beverage sales distance separation requirements. 21 ~, B. That a public hearing was duly noticed, called, and held on this code amendment by the Planning Commission on May 14, -~.~ 2001. The Planning Commission adopted Resolution No. 3778 recommending approval of Code Amendment 01-001. 24 _...~ C. That a public hearing was duly noticed, called, and held by the City Council that introduced this ordinance at a regular 2~., meeting held on May 21,2001. -' D. The proposed project is consistent with the General Plan :~ which provides for the establishment of a variety of commercial uses. In addition, the project has been reviewed -~'~ for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. Ordinance No. 1237 Page 2 of 5 ] ~ D. The proposed code amendment is necessary to provide flexibility for specialty retailers while protecting and '" minimizing adverse affects on the public health, safety, and ~ welfare of residents or businesses of the City, based upon the following: 1. Specialty stores would be conditionally permitted ~' which would provide for a review of potentially ~ adverse impacts of each proposed store. ~ 2. As defined, "specialty stores" would be limited in size and located in multiple-tenant centers where a buffer ~ from any nearby sensitive uses would be typically ,~. provided by parking and other commercial tenants. ~ 3. As defined, "specialty stores" would provide unique ~ food and beverage items and alcoholic beverages would be limited to non-refrigerated beverages and a ~.'.. maximum of fifteen (15) square feet of retail floor area which would minimize the availability of easily ~ consumable beverages and reduce the likelihood of ~.~ loitering or adverse behavior in the vicinity of the store. 4. As defined, "specialty stores" would have limited hours ~ of operation, which would minimize the disruptions to ~,~ nearby uses. ~'~ 5. As defined, the nature, location, size, hours of :~ operation, and amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act 2~ to minimize any potential negative impacts on nearby sensitive uses. ~:~ E. The proposed amendments are consistent with the Tustin General Plan in that they comply with the following General :4 Plan Policies: -' Land Use Element Policy 1.2: Provide for and _.-~ encourage the development of neighborhood-serving commercial uses in areas of Tustin presently ~- underserved by such uses. Goal 7: Promote expansion of the City's economic base and diversification of economic activity. Land Use Element Policy 7.5: Focus retail development into consolidated, economically viable, Ordinance No. 1237 Page 3 of 5 and attractive centers of adequate size and scale, which offer a variety of retail goods and amenities. F. That a Final Negative Declaration has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. Section 2. Article 9 of the Tustin City Code is hereby amended to read as follows: 1. The following definition shall be added to Tustin City Code Section 9297 (Definitions): "Specialty store means a market or retail store other than convenience stores with fewer than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor devoted to display of non-refrigerated alcoholic beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages." 2. The following land use shall be added to Tustin City Code Sections: 9232(b)(w), 9233(c)(ee), 9234(c)(13), 9235(c)(hh), and 9242(b)(h) shall be amended to include: "Specialty Stores" 3. The following text shall be added as Tustin City Code Sections 9232b(p)(4), 9233c(v)(4), 9234c(10)(4), 9235c(dd)(4), and 9142b(g)(4) regarding off-site sales establishments: "Specialty stores as defined by Section 9297 of the Tustin City Code shall be exempt from minimum distance regulations." Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. Ordinance No. 1237 Page 4 of 5 2 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the ~day of ,2001. 3 4 5 Tracy Wills Worley, Mayor 0 Pamela Stoker City Clerk i0 ]1 12 i.'.. I? I() 20 21 22 2(7 ATTACHMENT D Resolution No. 01-55 RESOLUTION NO. 01-55 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF '- TUSTIN, CALIFORNIA, AMENDING ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES TO '~ INCLUDE A DEFINITION FOR "SPECIALTY STORES" AND ..: RECOMMENDED CONDITIONS OF APPROVAL. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Amendments to Alcoholic Beverage Sales ~ Establishment Guidelines is considered a "project" pursuant u,: to the terms of the California Environmental Quality Act; and ~ B. A Final Negative Declaration has been adopted for this project ~, in accordance with California Environmental Quality Act. ~.~ C. That a public hearing was duly noticed, called, and held on this amendment by the Planning Commission on May 14, ~- 2001. The Planning Commission adopted Resolution No. ~.,: 3778 recommending approval of an amendment to Alcoholic Beverage Sales Establishment Guidelines. D. That a public hearing was duly noticed, called, and held on this amendment by the City Council on May 21,2001. E. The proposed amendment is necessary to provide guidance '~ for specialty retailers while protecting and minimizing :~; adverse affects on the public health, safety, and welfare of residents or businesses of the City, based upon the ?~ following: -' 1. The proposed amendments would provide guidelines ~,.~ related to establishment of "specialty stores." -'*- 2. The amendments to recommended operational 2.~ conditions would provide for compatibility of "specialty stores" establishments in the commercial and :~, industrial districts. -' 3. The proposed amendment would provide consistency _,,~ with Ordinance No. 1237 for adoption of Code Amendment 01-001.1. As defined, "specialty · :'~ stores" would be limited in size and located in multiple-tenant centers where a buffer from any Resolution No. 01-55 Page :2 nearby sensitive uses would be typically provided by parking and other commercial tenants. 4. As defined, "specialty stores" would provide unique food and beverage items and alcoholic beverages would be limited to non-refrigerated beverages and a maximum of fifteen (15) square feet of retail floor area which would minimize the availability of easily consumable beverages and reduce the likelihood of loitering or adverse behavior in the vicinity of the store. 5. As defined, "specialty stores" would have limited hours of operation, which would minimize the disruptions to nearby uses. 6. As defined, the nature, location, size, hours of operation, and amount and type (non-refrigerated) of alcoholic beverages that could be displayed would act to minimize any potential negative impacts on nearby sensitive uses. F. That a Final Negative Declaration has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. II. The Alcoholic Beverage Sales Establishment Guidelines are hereby amended, as shown in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of May, 2001. Tracy Wills Worley Mayor PAMELA STOKER City Clerk Resolution No. 01-55 Page :3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 01-55 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 01-55 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 21st day of May, 2001. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk 21 2.'7.' Exhibit A- Resolution No. 01.-55 Alcoholic Beverage Sales Establishment Guidelines CITY OF TUSTIN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES PURPOSE AND INTENT: The purpose of these guidelines is to set forth guidelines to be considered in conjunction with the conditional use permit process to promote and protect the public health, safety and general wel£are, and preserve and enhance the qualit3: of the Ci~, relating to establisl~x~ents selling alcoholic beverages for on- and off-site consumption. To fulfill this purpose, it is the intent of these guidelines is to: 1. Establish reasonable guidelines to promote orderly development; 2. Identifv operational guidelines to minimize the impacts on adjacent properties and neighborhoods; and, 3. Ensure implementation of certain regulations necessary to protect public safety. POLICY: The guidelines together with the Tustin City Code shall be considered by the Community Development Department and the Planning Commission 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 or Planning Commission may consider deviations when all the required findings can be made. Amendments to these guidelines shall be considered by the Planning Commission. Alcoholic Beverage Sales Establishment Guidelines Page I USING THE GUIDELINES I. ORGANIZATION The guidelines are organized into four sections: 1. Definitions: The definitions delineate on-site or off-site sales establishments and supplement uses described and regulated by the Tustin City, Code and adopted Use Determinations. 2. Permit Process: The permit process identifies processing procedures for obtaining approval for on- and off-site alcoholic beverage sales establishments. 3. Findings: Findings are provided to be considered for incorporation into project resolutions as adopted by the Zoning Administrator or Planning Commission. 4. Development Guidelines and Standard Conditions of Approval: The development guidelines are conditions of approval that are to be incorporated into project resolutions adopted by the Zoning Administrator or Planning Corm~ission. The development guidelines/conditions of approval provide minimum standards for operational characteristics of specific types of uses. II. DEFINITIONS The following definitions supplement uses described and regulated by the Tustin City Code and adopted Use Determinations and are to be used in determining whether a use is an on-site or off-site sales establishment. If there is a discrepancy with tlw following definitions, the Zoning Code shall prevail. Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments are comprised of on-site and off-site establishments. Alcohol is either sold for consumption on the premises (on-site) or sold for consump'tion off the premises (off-site). The following definitions are grouped under on-site or off-site sales establishments and incorporate the regulations regarding sale of alcohol and types of uses defined by the Tustin City Code and adopted Use Determinations. On-Site Sales Establishment: An on-site sales establishment provides for the sale of alcoholic beverages for consumption on the premises. On-site sales establishments, such as amusement resorts or clubs, are subject to the following minimum distance r~gulations measured from the closest exterior wall of the on-site establishment to the property line of any of the Alcoholic Beverage Sales Establishment Guidelines Page 2 following sensitive uses. Restaurant establishments, as defined in these guidelines, are excluded from the distance regulations. 1. 1,000 feet from any residentially zoned or used property. 2. 1,000 feet from any other existing off-site sales establishment or on- site sales establishments except for a restaurant. 3. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility.' or convalescent home. Definitions of On-Site Sales Establishments: · Amusement Resorts: include arcades, theaters, auditoriums, social halls and indoor/outdoor recreation facilities, including billiard/pool halls and bowling allevs. Facilities that serve beer, wine or other alcoholic beverages and are not ancillary to a full- service restaurant on the premises, or that utilize more than 50 percent of the total gross floor area of the establishment, shall be subject to the distance requirements for on-site sales establishments. Arcade: An establishment that has more than five coin or token operated video, pinball, electronically interactive games, virtual reality games, or any other machines which provide games and/or show movies or videotapes for entertainment purposes. Billiard~Pool Hall: An establishment with signing or advertising of billards and/or accommodating three (3) or more billard, pool, or similar games of skill. Bowling Alley: An indoor facility providing lanes and services for the purpose of bowling. These facilities may include ancillary retail sales of bowling merchandise, food and beverages. Indoor/Outdoor Recreation Facilities: An establishment designating more than 50 percent of the total square footage including indoor and outdoor areas to amusement/entertainment services, sports and types of recreation where a fee or admission is charged, including arcades containing coin or token operated amusements and/or electronic games; batting cages, go-cart and miniature auto race tracks; Alcoholic Beverage Sales Establishment Guidelines Page 3 golf driving ranges separate from golf courses; miniature golf; swim and tennis clubs; bowling alleys; children's entertainment centers; pool and billiard rooms; skating and hockey rinks and parks, virtual realit3,, establishments, etc. This does not include card rooms; or dance clubs, halls and ballrooms, which are included in the definition of "Bars". Theaters, Auditoriums, Social Halls: An indoor facility for public assembly and group entertainment including public and semi-public auditoriums, exhibition and social and convention hails, civic theaters, meeting halls, country clubs and facilities for "live" theatrical entertainment, musical concerts, motion pictures, video taped presentations, or slide photographs, and offers food and drink that is not ancillary to a full-service restaurant within the premises. These facilities are for use or rent by the general public. · Clubs: An es'tablishment with table and bar seating that serves beer, wine and other alcoholic beverages to patrons for on-site consumption, which is not an ancillary use to a full-service restaurant. If food service is offered, the gross receipts of alcohol sales exceed the gross receipts of food sales. Bar/Nightclub: A bar or nightclub establishment ~'pically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic acts, and/or food and drink that is not ancillary to a full- service restaurant, and the gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail bar or alcoholic beverage drinking place. Membership Organizations: Permanent, headquarters, and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations; political Alcoholic Beverage Sales Establishment Guidelines Page 4 organizations and other membership organizations. May include meeting facilities, and food preparation and dining facilities available to members only. However, this does not include country clubs, which is defined under "Theaters, Auditoriums and Social Halls" above. Microbrewery: A tasting facility or bar ancillary to the production of beer and where the production of beer is not ancillary to a full-service restaurant within the facility. · Restaurant: A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption. At ]east 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery, billiard/pool tables, video games, public dancing, and live entertainment, ancillary to the restaurant use. In the area devoted to the ancillary use, the gross annual sales of food shall exceed the gross mxnual sales of alcohol. Lounge (Cocktail Lounge): A designated area with table and bar seating within a full service restaurant where alcoholic beverages are served for on-site consumption. The gross receipts of food sales must exceed the gross receipts of alcohol sales. The area of the lounge shall be less than 50 percent of the total dining area of the restaurant. Microbrewery: If the production of beer is ancillary to a full-service restaurant within the facility providing food and drink including the microbrew produced on-site, the microbrewerv can be considered a restaurant. Off-Site Sales Establishment: The sale of alcoholic beverages for consumption off the premises. Off-site sales in an establishment less than 15,000 square feet and in establishments greater than 15,000 square feet where the alcohol beverage sales area occupies more than 10 percent of the gross floor area are subject to the following minimum distance regulations. Alcoholic Beverage Sales Establishment Guidelines Page 5 1. 300 feet from any residentially zoned or used property. 2. 500 feet from an}, other existing off-site sales establishment. 3. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 4. 600 feet from existing on-site sales establistunents, except restaurant establishments. Definitions of Off-Site Establishments · Convenience Store: A retail establishment that is under 15,000 square feet in size where food, beverage, magazines and auto related items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered a primary use when they occur within a retail business that is less than 15,000 square feet in gross floor area. or where the total area of sales is more than 10 percent of the total gross floor area. · Food Market Store: A retail establishment where food, beverage, household and personal items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered an accessory use when included as part of another retail business that occupies at least 15,000 square feet of gross floor area, and where the to'tal area devoted to alcoholic beverage sales occupies no more than 10 percent of the total gross floor area and are exempt from distance requirements. Alcoholic beverage sales are considered a primary use when they occur within a retail business where the total area of sales is more than 10 percent of the total gross floor area and would be defined as a convenience store. · Microbrewery: An establishment that includes beverage production of beer and may include a tasting facili~' and sales of beer produced on the premises. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within a tasting facili~,. · Restaurant (Take-Out): A retail establishment that sells food prepared on the premises and beverages solely for off-site consumption. o..:~ .Spec~aity:'Stbre;.:''~ .ma~ke't..'.bi~..retaiE..~fbre. 0fhe~i~han:a'' CorW~nie~ce "~6~e .Wi~h le§S:"~h~"3,50OT'~q~!~e :~'~'::i~ !!gOss:!'~l?f:.i:~;ea:2~ith ::.limited ,HkSurS'"6f 'Opa~ati. O~; lOei~ed:i.ift a! rb~:ail::Jae~te2:.~'ith rr{ore~ :{han Alcoholic Beverage Sales Establishment Guidelines Page 6 III. PERMIT PROCESS Applicants requesting approval for the on- or off-site sale and/or consumption of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning Commission. Projects Subject to the Guidelines The sale of alcoholic beverages for on-site 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. IV. REQUIRED FINDINGS In considering applications for alcoholic beverage sales establishments, the Zoning Administrator and/or the Planning Commission shall find the following: 1. TI*tat the establisl'u'nenb 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, saferT, morals, comfort, or general welfare of the persons residing or workh~g 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 entertairurtent, coin operated video games, and billiard/pool tables, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of ~vorship, parks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. 3. That the development or modification of an establishment selling alcoholic beverages shall be consistent with the General Plan and Zoning Code. Alcoholic Beverage Sales Establishment Guidelines Page 7 V. DEVELOPMENT GUIDELINES AND CONDITIONS OF APPROVAL The following guidelines are set forth as recommended conditions of approval to identiJ~d desirable project characteristics and operating conditions for specified uses and ensure compliance through incorporation into approval resolutions. Alcoh. olic Be~,eraoe Sales Establishment Guidelines Page 8 1. All Sales Establishments (On-Site and Off-Site Sales): a. Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the ~,pe of alcoholic sales authorized for the site. A copy shall provided to the Cib, b. Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the 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, as provided for the Tustin City Code. c. No loitering signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. d. Ail litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each dav that the business is open. e. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. f. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. g. 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 of Tustin. h. The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Director which states that the properS: owner, applicant, and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. Alcoholic Beverage Sales Establishment Guidelines Page 9 2. All On-Site Sales Establishments: a. Ail alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. b. 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 the primary use of the site, the use permit shall be deemed null and void. c. Ambient noise of the on-site sales facili~? shall not exceed the standards of the City of Tustin Noise Ordinance. 2.1 Amusement Resorts & Clubs: a. All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin Ci~' Code. c. Operating hours shall be determined by the Planning Commission. d. The gross annual sales receipts shall be provided to the Community Development Department annually. 2.2 Restaurants: a. The restaurant menu shall consist of foods that are prepared on the premises. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. c. All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Alcoholic Beverage Sales Establishment Guidelines Page 10 d. The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. e. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. f. One billiard or pool table shall be permitted for every 2,000 square feet of total gross floor area of the restaurant up to a maximum of two (2) tables. g. A maximum of five coin operated video arcade games, virtual reality games or coin operated games may be located On the premises. h. Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. i. The gross annual sales receipts shall be provided to the Community Development Department annually. j. To verify that the gross annual sales of food exceeds the gross annual sales of alcohol in an area devoted to an ancillary use, an audited financial statement shall be provided for review and approved by the Community Development Director quarterly and/or annually, as deemed necessary. If the audited financial statement demonstrates that the sales of alcohol exceeds the sales of food in the area devoted to the ancillary use, the ancillary use(s) shall cease immediately until it can be determined whether the ancillary use is operating as a primary use that would be subject to distance separation requirements. 3. Off-Site Sales: a. All persons selling alcoholic beverages for off-site consumption shall be 21 years of age or older. b. No alcoholic beverages shall be consumed on the properS..- or an)' adjacent property to the licensed premises. Alcoholic Beverage Sales Establishment Guidelines Page 11 c. Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than 10 feet from the point of sale and a minimum of five 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. For establisl~ments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. f. Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual really' or coin/token operated games. g. ,., ~:' Th.e~ size '0f"th~..tenant' sP//~e sha.ll:'n0t be: exPandgd:' ~i~Sfii~ wr'itt~en ..... aUth6~iZ~tion f~dmi~e..~ity o.f Td;~n. hi. ,HoUrs' o£'~P~htion'.shail~;b~ iiirdted it0 .' ':' :..:: im~d : ~ :' F6r':'specialtv..:gt0res, no re&ig~:ated alCoholic'..beVera'ges: mav be ~fferad f°r j.' . For:iSPecialty S!or~s,'.:n~ more than:, fifteen '(1'5) square4eet'i:Of'.',retail floor, area' ~fi~:~.~ ~:be: devOt~'d :~i~;:"thel:display "'of' ~ai~0h6iic' beverage sales. Alcoholic Beverage Sales Establishment Guidelines Page 12