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HomeMy WebLinkAboutORD 1101 (1992)1 2 3 4 5 6 8 9 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE TO MODIFY REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS (CA92-007) The City Council of the City of Tustin finds and determines as follows: A. The Zoning Code was adopted to identify specific land uses and standards of development to occur within certain Zoning Districts; and B. It has been determined that there is a current and future need for supermarkets and large retail establishments which provide the sale of alcoholic beverages as part of their business but can not be established due to current limitations and regulations related to minimum distance requirements between certain land uses within the commercial and industrial districts; and C. The amendment is in the best interest of the public health, safety and welfare in that it will still maintain minimum distance requirements between certain land uses and project discretion for small off-site alcoholic beverage sales establishments and convenience markets as currently provided by the Code; and D. The amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the commercial or industrial districts of the City. NOW, THEREFORE, the City Council of the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: Section 1. Article 9, Chapter 2, Part 9 of the Tustin City Code is hereby amended as follows: 1 2 3 4 5 G i 8 9 10 11 12 13 14 15 1 E~ 17 18 19 20 21 22 23 24 25 26 27 2~ Ordinance No. 1101 Page 2 A. Subsection 9232a(1) entitled "Retail Businesses, exemplified by the following list, when conducted within a building:" is amended to add subsection (cc) to read as follows: B. C. D. Subsection 9235b(2) entitled °tRetail Businesses, exemplified by the following list, when conducted within a building: " is amended to add subsection (dd) to read as follows: "(dd} Subsection 9242a entitled "Permitted Uses" is amended to add subsection (d) to read as follows: Subsection 9234a entitled "Permitted Uses" is amended to add subsection (6) to read as follows: 1 2 3 4 5 6 7 8 9 lU 11 12 13 14 15 16 17 1H 19 20 21 22 23 24'~ 2~~ 26 27 28 Ordinance No. 1101 Page 3 E. Subsection 9232b (p) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site s~-~e~s -}~'~, ~ ~'~~^"}" al~oli~l the gross Boor 'area,, sfiall be located a minimum distance of: 100 feet from any residentially zoned or used property. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital." F. Subsection 9233c(v) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site sal-e-_- ..^''~'~, ~ ~~~..;; ~ 83~~~nl ;:: ,. . the , ::. gross :floor >~area> shall be located a minimum distance of 100 feet from any residentially zoned or used property. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital." G. Subsection 9234c(10) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: 1 2 3 4 5 G 7 8 9 10 11 12 13 14 1J 1(~ 17 18 19 20 21 22 23 ~I 24 25 26 27 28 Ordinance No. 1101 Page 4 Off-site :.~~es ~~-~~' ~ ~~~~~}~ minimum aistance ot: oca a 100 feet from any residentially zoned or used property. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital." H. Subsection 9235c(dd) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site :~~es ~}~'~, ~ ~'~~~~..}~ ~I~oho3c orated a minimum aistance ot: 100 feet from any residentially zoned or used property. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital." I. Subsection 9242b(g) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria: Off-site e-a~-e~es~a~-~s~e~s aleeholc ............................... ................................ minimum alstance or: shall ne loca a 1 2 3 4 5 G II, 8'' 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 2G 27 23 Ordinance No. 1101 Page 5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 16th day of November, 1992. 7~ LES IE ANNE PONTIOUS Mayor ~YYI ~ . ~ MARY W N City C1 rk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE 1101 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1101 was duly and regularly introduced* passed and adopted at a regular meeting of the City Council held on the 16th day of November, 1992, by the following vote: 100 feet from any residentially zoned or used property. 300 feet from any other existing off-site sales establishment. 600 feet from any church, public or private school, playground or hospital." COUNCILMEMBER AYES: Pontious, Potts, Puckett, Saltarelli, Thomas COUNCILMEMBER NOES : None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. nn, Cit 1101.df Clerk * at the November 2, 1992 regular meeting of the City Council, and