HomeMy WebLinkAboutJOINT CITY COUNCIL/ PLANNNG COMMISSION WORKSHOP PRESENTATION - 2.21.17JOINT CITY COUNCIL/PLANNING COMMISSION
WORKSHOP
February 21, 2017
1
INTRODUCTION
Introductions
Purpose of Workshop
Topics:
Alcoholic Beverages
Signs
Questions
2
Alcoholic Beverages
Sales and Establishments
3
PURPOSE
To provide an overview of
current alcoholic beverage
sales and consumption
regulations within the city
compared to neighboring
cities
To examine evolving and
new alcoholic beverage
sales establishments
To gather PC/CC direction
4
WORKSHOP STRUCTURE
History of Alcohol Regulations in Tustin
Current requirements for on -and off-site alcoholic beverage sales establishments
Issues
Conceptual amendments
Neighboring cities’ regulations
Discussion
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HISTORY OF ALCOHOL REGULATION
Ordinance established a conditional use permit for all on-and off-site
alcoholic beverage sales establishments.
Established distance separation requirements between various land uses
and any off-site alcoholic beverage sales establishment:
•100-feet to residential, 300-feet to other off-site, 600-feet to
sensitive uses
Allowed an exemption for supermarkets that sell alcoholic beverages for
off-site consumption.
•Stores that are at least 15,000 square feet and devote less than
10 percent of their gross floor area towards alcoholic beverage
sales.
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HISTORY OF ALCOHOL REGULATION
Updated the alcohol sales establishment distance separation requirements.
•Off-site: 300-feet from residential, 500-feet to other off-site and 600-feet
to existing on-site sales establishments except restaurants and to other
sensitive uses
•On-site: 1,000-feet from residential, other off-site and on-site sale
establishments (except restaurants) and other sensitive uses.
Sensitive uses include churches, places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, healthcare facilities and convalescent homes.
Workshop to review the City’s past practices and various regulations governing the
operation of alcoholic sales establishments.
Planning Commission established standardized hours of operation:
•11:00 p.m. weekdays and 12:00 midnight on weekends for staff approval
•Midnight to 2:00 a.m. require Planning Commission approval.
Updated Zoning Code for CR District allowing wine tasting rooms and microwineries
in the Cultural Resources District (Old Town) not subject to distancing requirements.
7
CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC )
State alcoholic beverage regulatory
agency
Two broad types of licenses:
On-sale license
Off-sale license
Two general distinctions for alcoholic
beverage types:
Beer and wine license
General license
8
CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC )
Alcoholic beverage sales licenses are bound by ABC
regulations
Prohibit the sale of alcoholic between 2:00 a.m.
and 6:00 a.m.
Overconcentration restrictions
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COMMON ABC LICENSES IN TUSTIN
Type License Quantity
20 Off-Sale Beer and Wine 20
21 Off-Sale General 27
23 Small Beer Manufacturing (allows sale to consumer)3
41 On-Sale Beer &Wine (bona fide eating place)68
42 On-Sale Beer &Wine (public premises)6
47 On-Sale General (bona fide eating place)42
48 On-Sale General (public premises)5
86 Instructional Tasting License (addition to Type 20/21)3
Last updated December 2016
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CURRENT REQUIREMENTS
Except restaurant establishments
Except Wine tasting rooms/micro-
winery within CR District
1,000 feet away from residentially
zoned or used property, sensitive
uses and any other existing on-site
establishments except for restaurant
establishments
1
Greater than 15,000 square feet
where alcoholic beverage sales area
occupies less than 10 percent of the
gross floor area is exempt.
Less than 15,000 square feet of
floor area and less than 15,000
square feet where alcoholic
beverage sales area occupies more
than 10 percent of the gross floor
area subject to the following
distancing requirements:
300 feet away from residentially
zoned or used property
500 feet away from other existing
off-site sales establishments
600 feet away from sensitive uses
On-Site Sales Establishment Off-Site Sales Establishment
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BUSINESS HOURS
ABC prohibits the sale of
alcohol between 2 a.m. and 6
a.m.
Tustin businesses are
conditioned to close any time
prior to 11:00 p.m. weekdays,
12:00 a.m. weekends
Requests to serve alcohol later
than City standards times are
considered by the Planning
Commission on a case-by -case
basis
12
NEW AND EVOLVING ALCOHOLIC
BEVERAGE SALES USES
City is approached requesting new uses
Alcoholic Beverage Producers(craft breweries,
wineries, distilleries)
On-premise tasting room at which guests sample
products
Specialty Stores (BevMo)
Neighborhood Markets
Convenience Stores
Recreational uses
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NEW AND EVOLVING ALCOHOLIC
BEVERAGE SALES USES
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Establishment that mass produces beer,
wine or distilled spirits on -site
Prevalent in industrial districts
City zoning prohibits retail uses
Potential for expansion of use -tasting
rooms, retail sales
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NEW AND EVOLVING ALCOHOLIC
BEVERAGE SALES USES
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Small-scale beer, wine or distilled spirits
producer in conjunction with retail sales
and/or tasting room
Permitted in the Cultural Resource District
Typically do not serve food
Cannot be classified as eating
establishments
Subject to distance requirements outside
CR district
15
NEW AND EVOLVING ALCOHOLIC
BEVERAGE SALES USES
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Specialty wine, beer and/or distilled
spirits stores
100% alcohol
Permitted in retail centers if over
15,000 square feet
Most may not be as large as 15,000
square feet
Subject to distance requirements if less
than 15,000 square feet
16
NEW AND EVOLVING ALCOHOLIC
BEVERAGE SALES USES
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Small markets that serve the
neighborhood
Popular among new urban communities
Convenient items
Subject to distance requirements
17
NEW AND EVOLVING ALCOHOLIC
BEVERAGE SALES USES
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Caters to experiences in a class setting
Serves wine and appetizers
Group celebrations (birthdays, special
occasions, etc.)
Subject to distance requirements
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ON-SITE ALCOHOLIC BEVERAGE
ESTABLISHMENT DISTANCING REQUIREMENTS
1,000 foot radius from El Camino Real and Main Street
Legend
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ISSUES
Standard operating hours
Distancing requirements
Protect the community from
excessive noise, loitering
and other negative
conditions
Diversity of opinions
overly restrictive
preventative for new and
unique businesses from
finding an appropriate
location in the City.
Not restrictive enough.
20
OTHER CITIES
Jurisdiction Regulation City Code Restrictions
City of Irvine
Bars,taverns and cocktail lounges and
off-site beverage sales establishments
permitted by right or Conditional Use
Permit (CUP)required dependent on
zone.CUP required for new type 47
restaurants
Defers alcohol beverage sales hours and
distancing concerns to ABC and the property
owner/manager
The Irvine Company oversight
City of Santa
Ana
CUP required for ABC license and for
after-hours operations dependent on zone
Operational standards for on-and off-sale
establishments in addition to restrictions for
separation and operating hours
Off-sale:1,000-foot separation requirement,
businesses operating outside of hours of 7:00 a.m.
to 12:00/midnight require after-hours CUP
On-sale:shall be maintained as a bona-fide
eating establishment and have suitable kitchen
facilities,sales of alcohol outside of hours of 8:00
a.m.to 12:00/midnight require after-hours CUP
City of
Orange
On-and off-site alcoholic beverage sales
establishments CUP required
Defers alcohol beverage sales hours and
distancing concerns to ABC and the property
owner/manager
21
OTHER CITIES
Jurisdiction Regulation City Code Restrictions
City of Anaheim On-and off-site alcoholic beverage
sales establishments permitted by
right or CUP required depending
on zone
The manufacturing of alcoholic beverages is a
permitted use in two commercial districts (less than
6,000-square feet)and the industrial district so long
as the business meets certain standards as established
in the municipal code
City of Costa Mesa Permitted by right,or Minor CUP or
CUP required
Defers alcohol beverage sales hours and distancing
concerns to ABC and the property owner/manager
City of Huntington
Beach
On-and off-site alcoholic beverage
sales establishments CUP required
Defers alcohol beverage sales hours and distancing
concerns to ABC and the property owner/manager
City of Fullerton Dependent on zone,Administrative
Restaurant Use Permit (ARUP)or
CUP required for on-and off-site
alcoholic beverage sales
establishments
Eating and drinking establishment serving alcohol with
no or limited food items sales after 10:00 PM require
CUP
22
CONCEPTUAL AMENDMENTS
Options:
Status quo-no changes to the Tustin City Code;
Eliminate or reduce distancing requirements;
Eliminate distancing requirements but requires CUP for all alcoholic beverages uses
◼Regulate via conditions of approval
◼Review upon request by City
◼Potential revocation if problems continue
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CONCEPTUAL AMENDMENTS
Create a special area i.e. entertainment district with
relaxed standards;
Relax hours of operation;
Create exceptions for certain businesses; and
Require food to be served at all times in conjunction with
on-site alcoholic beverage sales establishments.
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POLICE DEPARTMENT/CITY STAFF
Find a balance for containment and
management of alcohol and
providing lively entertainment for
residents and visitors
PD is supportive of relaxing distance
requirements provided that a CUP
should remain a requirement
A CUP will allow for the evaluation
of each particular alcohol sales
establishment on a case by case
basis and annual review
Should consider impact to staff time
and examination of the revocation
process
25
DISCUSSION
Create a vibrant
downtown/urban environment
More residents in Old Town
Increase foot traffic/walkability
Flexible standards (review on a
case-by -case basis via CUP)
Wider range of uses in industrial
areas
Establish more alcoholic
beverages uses along commercial
corridors
Overconcentration
Noise, loitering
Distance from sensitive
uses
Service calls increase
FF
F
F
Potential Benefits Potential Consequences
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NEXT STEPS
Direction
Public Outreach
Draft an ordinance
Planning Commission to
recommend a code
amendment
City Council to consider
a code amendment
27
FINAL THOUGHTS
Questions
Comments
Suggestions
Concerns
Ideas
28
SIGNS
IN THE
PUBLIC RIGHT-OF-WAY
Joint City Council / Planning Commission Workshop
February 21, 2017
BACKGROUND
In Reed vs. Town of Gilbert, AZ, the U.S. Supreme Court
unanimously ruled against an Arizona town’s sign regulation
that regulated one sign differently than another based on
its content.
Premise was that the town’s sign code treated signs in public
rights-of-way directing people to a small church’s worship
services differently than signs with other messages.
The town’s code was an example of content-based
categories of regulation.
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BACKGROUND
THE CASE IN PICTURES
32 s.f.–75 days
6 s.f.–13 hrs.
20 s.f.–no time
limit
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BACKGROUND
The Court identified differing restrictions on various categories of signs:
Ideological Signs
Political Signs
Temporary Directional Signs
Ninth Circuit had held that categorizing regulations this way was not
prohibited “Content-Based”regulation as long as the regulations within
each category were applied evenly without regard to viewpoint
expressed on the sign.
Supreme Court concluded that categorizing signs based on their content
violated the First Amendment.
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IMPACT ON SIGN CODES
The general rule:
Sign codes must not categorize signs based
on their content.
Court held that the Town of Gilbert’s Sign
Code provisions were content -based
regulations of speech.
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IN SUMMARY
If you need to read the sign in order to
determine what regulations apply to it,
the ordinance probably violates the
First Amendment.
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EXAMPLES OF AFFECTED SIGNS
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EXAMPLES OF AFFECTED SIGNS
If you allow these:
36
EXAMPLES OF AFFECTED SIGNS
If you allow these:
37
EXAMPLES OF AFFECTED SIGNS
If you allow these:
38
EXAMPLES OF AFFECTED SIGNS
If you allow these:
39
THEN THESE SIGNS MUST BE ALLOWED SUBJECT TO
THE SAME REGULATIONS
40
TUSTIN CODE ALLOWS
Banners
Grand Opening Events
Special Events
Nonprofit Events
Public Events
Decorative Flags
Temporary Directional/Informational Signs –Focus in public
ROW/Parkway Area
Garage Sale Signs
Lost or Found Signs, Including Pets
Open House Signs
Political Signs
Protected Speech Signs
Human Signs
Seasonal or Holiday Signs
41
SIGN CODE HISTORY
2007 Code Amendment -signs in the public
right-of-way
Real estate signs
Open house signs
Political signs
free speech signs
Human signs
Certain freeway-facing banners
Nonprofit organization temporary signs
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OVERVIEW
Signs with the following types of messages must be regulated
in a similar manner. The rules applicable to noncommercial
and commercial signs in the public right-of-way must apply
equally to the others in the same category.
43
CONTENT NEUTRAL REGULATIONS
(time, place, manner)
Rules regulating sign sizes regardless of its content
Rules regulating the location in which signs can be placed
–signs can be prohibited in medians.
Commercial vs. noncommercial signs
Lighted or unlighted signs
Signs with fixed messages or changeable copy signs
(electronic billboards)
Rules regulating signs on public property vs. private
property
Signs placed on commercial property vs. residential
property
Time Periods allowed.
44
POSSIBLE APPROACHES
For consideration:
Allow all public right-of-way signs with few restrictions.
Restrict -no public right-of-way signs allowed.
Allow a middle-ground with content neutral regulations:
◼Example –signs are allowed for defined period(s), allow for
uniform sign size and number restrictions regardless of its
content, identify the location where signs can be placed, etc.
Do nothing ---implement existing Tustin City Code
45
NEXT STEPS
1.Receive public input.
2.Receive direction from the Council and Commission.
3.Conduct Public Outreach (Real estate industry, Chamber).
4.Draft ordinance.
5.Provide public notice of public hearing.
6.Present recommendations to the Planning Commission at a
public hearing.
7.Present recommendations to the City Council at a public
hearing.
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QUESTIONS
47
PUBLIC INPUT
48
DIRECTION
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