HomeMy WebLinkAboutPC RES 3778RESOLUTION 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 FOP. "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-'i). 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
14
]7
20
24
?-5
The Planning Commission of the City of Tustin does hereby resolve as follows'
The Planning Commission finds and determines:
A~
a,.
C.
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.
That a public hearing was. duly noticed, called, and held on this project by
the Planning Commission on May 14, 2001.
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
]0
]2
14
2O
24
29
Resolution No. 3778
Page 2
El
Fo
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:
,
Specialty stores would be conditionally permitted which would
provide for a review of potentially adverse impacts of each
proposed store.
=
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.
,
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.
The proposed amendments are consistent with the Tustin General Plan in
.that they comply with the following General 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 and attractive centers of adequate
size and scale, which offer a variety of retail goods and amenities.
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.
l0
14
l?
20
2!
22
24
25
2'7
28
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'
A!
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."
B,
The following land use shall be added to Tustin City Code Sections:
9232(b)(w), 9233(c)(ee), 9234(o)(13), 9235(0)(hh), and 9242(b)(h)shall be
amended to include:
"Specialty Stores"
Co
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 929.7 of the Tustin City Code shall
be exempt from minimum distance regulations."
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.
ELIZABETH A. BINSACK
Planning Commission Secretary
LESLIE A. PONTIOUS
Chairperson
Resolution No. 3778
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CiTY OF TUSTIN )
'1, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3778 was duly passed and adopted at the regular meeting of the Tustin
Planning Commission, held on the 14th day of May, 2001.
l0
ELIZABETH A. BINSACK
Planning Commission Secretary
14
l?
20
?-2
?-3
?.4
?-6
?-9
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:
,
Establish reasonable guidelines to promote orderly
development;
,
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 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:
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.
e
Permit Process: The permit process identifies processing procedures for
obtaining approval for on- and off-site alcoholic beverage sales
establishments.
II.
e
Findings: Findings are provided to be considered for incorporation into
project resolutions as adopted by the Zoning Administrator or Planning
Commission.
e
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 ~ discrepanc!/ 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.
o
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 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
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.
Micro 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 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.
Micro brewery: 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 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 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
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
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.
REQUIRED FINDINGS
In considering applications for alcoholic beverage sales establishments, the Zoning
Administrator and/or the Planning Commission shall find the following:
That the establishment, maintenance and operation of selling alcoholic
beverages for on- or off-site cOnsumption or ancillary uses related thereto
will not be detrimental 'to the health, safety, 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 findings.
e
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):
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.
bo
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 Permib 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.
do
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.
e~
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 does not create a
public or private nuisance. Any such nuisance must be abated
immediately upon notice by the City of Tustin.
he
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
e
All On-Site Sales Establishments:
ao
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
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 facility shall not exceed the
standards of the City of Tustin Noise Ordinance.
2.1
Amusement Resorts & Clubs:
ao
All persons serving alcoholic beverages within an
establishment other than a restaurant must be 21 years of
age or older.
be
No outdoor seating is allowed at the site without approvals
in accordance with the Tustin City Code.
Co
Operating hours shall be determined by the Planning
Commission.
do
The gross annual sales receipts shall be provided to the
Community Development Department annually.
2.2 Restaurants:
The restaurant menu shall consist of foods that are prepared
on the premises.
be
No outdoor seating is allowed at the site without approvals
in accordance with the Tusfin City Code.
Ce
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
de
go
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.
,.
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
on the premises.
Operating hours shall not exceed the hours of other similar
businesses within the adiacent 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 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.
e
Off-Site Sales:
Ail persons selling alcoholic beverages for off-site consumption
shall be 21 years of age or older.
be
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.
d,
No display, 'sale or distribution of alcoholic beverages shall be
made from an ice tub, barrel or similar container.
eo
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.
fo
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