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HomeMy WebLinkAboutORD 1230 (2000) ] ORDINANCE NO. 1230 2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE ARTICLE 9, EXISTING PLANNED COMMUNITY DISTRICT REGULATIONS AND SPECIFIC PLANS TO 1) ESTABLISH DISTANCE SEPARATION REQUIREMENTS FOR 5 ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS WITHIN THE PLANNED INDUSTRIAL AND PLANNED COMMUNITY 6 DISTRICTS OF THE TUSTIN CITY CODE; 2) ESTABLISH DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC 7 BEVERAGE SALES ESTABLISHMENTS WITHIN EXISTING 8 PLANNED COMMUNITY DISTRICTS AND SPECIFIC PLAN AREAS AS IDENTIFIED ON THE TUSTIN ZONING MAP; AND, 3) 9 ENABLE THE ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES TO BE APPLIED WITHIN 10 SPECIFIED COMMERCIAL, INDUSTRIAL, PLANNED ]] INDUSTRIAL AND PLANNED COMMUNITY DISTRICTS OF THE TUSTIN CITY CODE AND EXISTING PLANNED COMMUNITY 12 DISTRICT REGULATIONS AND SPECIFIC PLANS AS IDENTIFIED ON THE TUSTIN ZONING MAP The City Council of the City of Tustin DOES HEREBY ORDAIN as follows: 15 Section 1. Findings: ] 6 The City Council of the City of Tustin finds and determines as follows: 17 A. The Zoning Code and existing Planned CommUnity District 18 Regulations and Specific Plans were adopted to regulate 19 land use to protect the public health, safety, and welfare. 20 B. On-site and off-site sales establishments located within the Planned Industrial and Planned Community Zoning Districts, 21 existing, Planning Communities, and Specific Plan areas do 22 not require minimum distances between other on-site and off-site establishments and sensitive land uses such as 23 residences, other existing on-site and off-site sales establishments, places of worship, public or private schools, 24 parks, playgrounds, clinics, hospitals, health care facilities, and convalescent homes. 26 C. Minimum distance requirements between on-site and off-site alcoholic beverage sales establishments and sensitive uses 27 are necessary to promote orderly development and mitigate ampacts typically associated with alcoholic beverage sales 28 establishments to protect the public health, safety, and welfare. Ordinance 1230 .Page 2 2 D. There is a current and immediate threat to the public health, 3 safety, and welfare in that future permitted and conditionally ~ permitted alcoholic beverage sales establishments could locate near existing sensitive uses or overconcentrate in areas that are not subject to distance separation regulations. 6 The amendments are required for the immediate preservation of the public peace, safety and health of the ? citizens of Tustin. 8 E. The Alcoholic Beverage Sales Establishment Guidelines 9 were adopted by the Planning Commission to provide policies, definitions, findings, and recommended conditions ~0 of approval to promote orderly development and mitigate n impacts typically associated with alcoholic beverage sales establishments to protect the public health, safety, and ~2 welfare. ~3 F. The current Commercial, Industrial, Planned Industrial and 14 Planned Community Districts, and existing Planned Community District Regulations and Specific Plan ~5 regulations do not require alcoholic beverage sales ~6 establishments to comply with the Alcoholic Beverage Sales Establishment Guidelines. 17 G, The Alcoholic Beverage Sales Establishments Guidelines ~s are needed to provide interpretive guidance for the law tO ~9 promote orderly development and protect the public health, welfare and safety by defining on and off-site sales alcoholic 20 beverage sales establishments, identifying desirable project characteristics, and setting forth recommended findings and 2~ conditions of approval for discretionary applications for 22 alcoholic beverage sales establishments. 2s H. The Planning CommissiOn is the appropriate approval body for future amendments to the Alcoholic Beverage Sales 24 Establishment Guidelines in that the Planning Commission's _,5 scope of duties include land use and planning matters. 26 I. That the amendments are consistent with the General Plan in that they will promote the orderly growth and development 27 in Planned Industrial and Community Districts and existing 2s Planned Communities and Specific Plan areas. Ordinance 1230 Page 3 I : Section 2. The following provisions of the Tustin City Cod.e are 3 hereby amended as follows: 4 A. Subsection 9232b(p) ~s amended to read as follows: 5 "Alcoholic beverage sales establishments subject to the following 6 criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". ? B. Subsection 9233c(v) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria and the Planning Commsssion's Guidelines for Alcoholic Beverage Sales Establishments". n C. Subsection 9234c(10) is amended to read as follows: 12 "Alcoholic beverage sales establishments subject to the following ~3 criteria and the Planning Commission's Guidelines for Alcoholic j4 Beverage Sales Establishments". ~s D. Subsection 9235c(dd) is amended to read as follows: ~6 "Alcoholic beverage sales establishments subject to the following ~? criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". 18 ~9 E. Subsection 9241 (b) is amended to read as follows: z0 "b. C0nditionally Permitted Uses: 2~ I Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's 22 Guidelines for Alcoholic Beverage Sales 23 Establishments. 24 Off-site alcoholic beverage sales located in a building 25 and permitted business with less than 15,000 square feet of gross floor area and permitted businesses with 26 more than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area 27 within the building occupies more than 10 percent of as the gross floor area, subject to the following minimum distance regulations: 29 (a) 300 feet from any other residentially zoned or used property. Ordinance 1230 Page 4 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility, or convalescent home. 600 feet from . existing on-site sales establishments, except restaurant establishments. (b) Minimum distances between off-site establishments and; residentially owned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any Of the above uses whether inside or outside the city boundaries. (c) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each side. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: (a) 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except restaurant establishments or off-site sales establishments. 1,000 feet from any church, place of worship, public or private school, park, playground, Ordinance 1230 Page 5 ] 2 clinic, hospital, health care facilityor convalescent home. 3 4 (b) Minimum distances between on-site sale establishments except restaurant 5 establishments and; residentially zoned or 6 used property, churches, places of worship, public or private schools, parks, playgrounds, ? clinics, hospitals, health care facilities and convalescent homes shall be computed by s measuring the distance from the closest 9 exterior wall of the on-site establishment to the property line of any of the above uses whether 10 inside or outside the city boundaries. n (c) Minimum distances between on-site sales ~2 establishments and another off-site or on-site sales establishment except restaurant ~3 establishments whether inside or outside city ~4 boundaries shall be computed by measuring the distance between the closest exterior ~5 structural walls of each use." ~6 F. Subsection 9242b(g) is amended to read as followS: ~.? "Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". 20 G: Subsection 9244(e) is added to read as follows: 2~ "e. Conditionally Permitted Uses: 22 1. Alcoholip beverage sales establishments subject to 2s the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales 24 Establishments. 25 Off-site alcoholic beverage sales located in a building 26 and permitted business with less than 15,000 square :? feet of gross floor area and permitted businesses with more than 15,000 square feet of gross floor area 2s where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of :9 the gross floor area, subject to the following minimum distance regulations: Ordinance 1230 Page 6 2 (a) 300 feet from any other residentially zoned or 3 used property. ~ 500 feet from any existing off-site sales establishment. 5 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility, or convalescent home. 9 600 feet from existing on-site sales establishments, except restaurant ~0 establish ments. (b) Minimum distances between off-site ~2 establishments and; residentially owned or used property, churches, places of worship, ~3 public or private schools, parks, playgrounds, 14 clinics, hospitals, health care facilities and convalescent homes shall be computed by ~5 measuring the distance from the closest ~6 entry/exit provided for public/customer access of the off-site establishment to the property line ~? of any of the above uses whether inside or outside the city boundaries. ]8 ~9 (c) Minimum distances between off-site sales establishment and another off-site or on-site 20 sales establishment, except restaurant establishments whether inside or outside city 2~ boundaries shall be computed by measuring 22 the distance between the closest exterior structural walls of each side. 23 On-site alcoholic beverage. sales establishments 24 except restaurant establishments subject to the 25 following minimum distance regulations: 26 (a) 1,000 feet from any residentially zoned or used property. 27 1,000 feet from any other existing on-site except restaurant establishments or off-site sales establisbiments. Ordinance 1230 Page 7 1,000 feet from any church, place of wc~rship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. (b) Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned or used property, churches, places of wornhip, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between on-site sales establishments and another off-site or on-site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use." Section3. The following provisions shall amend and be incorporated into all Planned Community District Regulations and Specific Plans that are in existence as of the date of this Ordinance and specified as Planned Industrial (PM), Planned Community (PC), Planned Community Commercial (PCC), Planned Community Mixed Use (PCMU) and Specific Plan areas on the City of Tustin Zoning Map on file with the City, where alcoholic beverage sales establishments are listed as permitted or conditionally permitted uses. Alcoholic beverage sales. establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area and permitted businesses with more than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: Ordinance 1230 Page 8 (a) 300 feet from any other 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, health care facility, or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (b) Minimum distances between off-site establishments and; residentially owned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each side. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: (a) 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except restaurant establishments or off-site sales establishments. Ordinance 1230 Page 9 1,000 feet from any church, place of worship, public or private school, park, playgi'ound, 'clinic, hospital, health care facility or convalescent home. (b) Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgroundsi clinics, hospitals, heaith care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between on-site sales establishments and another off-site or on-site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use." Section 4. This Ordinance is an Urgency Ordinance, enacted pursuant to Government Code Section 36937. Section 5. This Ordinance shall be adopted by four-fifths (415) vote of the City Council and shall be effective immediately upon such vote. Section 6. Severability All of the provisions of the urgency ordinance shall be construed together in order 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 1230 Page 10 2 PASSED AND ADOPTED at a regular meeting of the City Council "of the s City of Tustin, held on the 19th day of June, 2000. 4 5 JI~FrL:Z-~y'M. THO~IAS ? Mayor j~C~~ ~3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS ~4 CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1230 PAMELA STOKER, 'City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califomia, 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 Ordinance No. 1230 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 19th day of June, 2000 by the fo.llowing vote: COUNCILMEMBER A~rgs: Thomas, Wo~:le:y, l)o~rle, l>otts, Saltare11'i 22 COUNCILMEMBER ]~O~-S: l~one 23 COUNCILMEMBER .,~,.BSTJ~]:I~I~D: l~One COUNCILMEMBER 2U~S]S~rt= None 24 am~l'a Stoker, Cit~