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HomeMy WebLinkAboutCC RES 01-055l0 14 I? 20 22 23 24 25 27 RESOLUTION NO. 01-55 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' Al That Amendments to Alcoholic Beverage Sales Establishment Guidelines is considered a "project" pursuant to the terms of the California Environmental Quality Act; and Bi A Final Negative Declaration has been adopted for this project in accordance with California Environmental Quality Act. Gm 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. Bi 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: · The proposed amendments would provide guidelines related to establishment of "specialty stores." , The amendments to recommended operational conditions would provide for compatibility of "specialty stores" establishments in the commercial and industrial districts. , 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 l0 14 Resolution No. 01-55 Page 2 , 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. 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. l? 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. 20 2,! 2?- 24 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21 st day of May, 2001. PAMELA STOKER City Clerk . Tracy ~ Worley Mayor City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY O'F ORANGE ) SS CITY OF TUSTiN ) RESOLUTION NO. 01-55 I, PAME -LA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califo. rnia, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01-55 was adopted at a regular meeting, of the City Council held on the 21't day of May, 2001, by the following vote: COU'NCiLME'MBER AYES: Worley, ThOmas, Bone, Doyle,'Kawashima COUNC. iLMEMBER NOES: , None CO.UNCILMEMB.ER ABSTAINED: None COUNCILMEMBER ABSENT: None Pamela Stoker, City Clerk 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 coniunction 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: . Establish reasonable guidelines to promote orderly development; 0 Identify 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 coniunction 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 Ie II. ORGANIZATION The guidelines are organized into four sections: ® 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. o Permit Process: The permit process identifies processing procedures' for obta/ning approval for on- and off-site alcoholic beverage sales establishments. 0 Findings: Findings are provided to be considered for incorporation into project resolutions as' adopted by the Zoning Administrator or Planning Commission. ® 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. 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 the 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 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 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. 3~ 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing off-site sales establishment or on- site sales establishments except for a restaurant. 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 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 o£ billards and/or accommodating three (3) or more billard, pool, or sim~ar 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 termis Clubs; bowling alleys; children's entertainment centers; pool and billiard rooms; skating and hockey rinks and parks, virtual reality 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 sales. Bar/Nightclub: 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 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. Miero brewery: 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 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 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 0f 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. Micro brewery: If the production o£ beer is ancillary to a full-service restaurant within the facility 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 o 300 feet from any residentially zoned or used property. 500 feet from any other existing off-site sales establishment. 600 feet from any church, place of worshiP, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 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 ~or 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 o£ 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. Micro brewery: An establishment that includes beverage production of. beer and may 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 facility. Restaurant (Take-Out): A retail establishment that sells food prepared on the premises and beverages solely for off-site consumption. Alcoholic Beverage Sales Establishment Guidelines Page 6 III. PERMIT PROCESS IV. 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 Zon/ng 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. REQUIRED FINDINGS In Considering applications for alcoholic beverage sales establishments, the Zoning Administrator andfor the Planning Commission shall find the following: le That the establishment, maintenance and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses related thereto will not be .detrimental 'to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or 'detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by specified find~gs. o That the operational characteristics and features of the facility such as the hours of operation, outdoor dining, live entertainment, coin operated video games, and. billiard/pool tables, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes~ and other similar uses selling or serving alcoholic beverages. 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 identify 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. be 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. 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 day that the business is open. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. ge Business operations shall be in a manner which do-es not create a public, or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. 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: All alcohol shall be consumed on-site with the exception of the provisions stated in the' Business and Professions Code Section 23396.5 and 23401. be C~ 2.1 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. Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. Amusement Resorts & Clubs: be C~ All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. Operating hours shall be determined by the Planning Commission. 2.2 de The gross annual sales receipts shall be provided to the Community DevelOpment Department annually. Restaurants: be C~ The restaurant menu shall consist of foods that are prepared on the premises. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. Ail 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 , de g~ h, The sale of alcoholic .beverages within a restaurant establishment shall be limited to the hours when food is available. Service o£ food menu items shall be during all business hours. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. 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. A maximum of five coin operated video arcade games, virtual reality games or coin operated games may be located ~n the premises. Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sales of food exceeds the gross annual sales' o£ 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. e Off-Site Sales: 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 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. de No display, 'sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar 'container.. 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. Display of alcoholic beverages for sale Shall be located at' least 25 feet from the location of any video arcade game, virtual reality or coin/token operated games. Alcoholic Beverage Sales Establishment Guidelines Page 12