HomeMy WebLinkAboutORD 1161 (1996) 1 ORDINANCE NO. 1161
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE.COMMERCIAL
3 AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY
CODE DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC
4 BEVERAGE SALES ESTABLISHMENTS (C.A.95-003).
5 The City Council of the City of Tustin finds and determines as
follows:
6
A. The Zoning Code was adopted to identify specific land
7 uses and standards of development to occur within certain.
Zoning Districts; and
8
B. The amendment is in the best interest of the public
9 health,' safety and welfare in that it will establish
greater minimum distance requirements between certain
1.0 land uses and on-site and off-site alcoholic beverage
sales establishments.
11
C. On-site sales establishments, excluding restaurant
12 establishments, are not adequately regulated by the
Zoning Code for minimum distances between similar
13 establishments and certain land uses.
14 D. It has been determined that the current regulations are
inadequate for calculating distance separations between
15 on-site and off-site alcohol beverage sales
establishments and certain land uses.
16
E. The amendment is consistent with the General Plan in'that
17 it will not negatively impact the orderly growth and
development of the commercial or industrial districts of
18 the City.
19 NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
20
Section 1. The following provisions are hereby adopted as
21 interim regulations for alcoholic beverage sales establishments:
22 A. Subsection 9232b (p) is amended to read as follows:
23 "Alcoholic beverage sales establishments subject to the
following criteria:
24
Off-site alcoholic beverage sales located in a building and
25 permitted business with less than 15,000 square feet of gross
floor area, and permitted businesses with more than .15,000
26 square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
27 percent of the gross floor area, subject to the following
minimum distance regulations:
28
(1) 300 feet from any residentially zoned or used property.
Ordinance No. 1161
Page 2
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3 500 feet from any other existing off-site sales
establishment.
4
600 feet from any church, place of worship, public or
5 private school, park, playground, clinic, hospital,
health care facility or convalescent home.
6
600 feet from exmsting on-site sales establishments,
7 except restaurant establishments.
8 (2) Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
9 places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
10 and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
11 public/customer access of the off-site establishment to
the property line of any of the above uses, whether
12 inside or outside the City boundaries.
13 3) Minimum distances between off-site sales establishment
and another off-site or on-sine sales establishment
14 except for restaurann establishments whether inside or
outside the City boundaries, shall be computed by
15 measuring the distance between the closest exterior
structural walls of each use.
16
On-site alcoholic beverage sales establishments except
17 for restaurant establishments subject to the following
minimum distance regulations:
18
(1) 1,000 feet from any residentially zoned or used property.
19
1,000 feet from any other existing on-site except for
20 restaurant establishments or off-site sales
establishments.
21
1,000 feet from any church, place of worship, public or
22 private school, park, playground, clinic, hospital,
health care facility or convalescent home.
23
(2) Minimum distances between on-site sale establishments
24 except for restaurant establishments and; residentially
zoned or used property, churches, places of worship,
25 public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes
26 shall be computed by measuring the distance from the
closest exterior wall of the on-site establishment to the
27 property line of any of,.the above uses, whether inside or
outside the City boundaries.
28
(3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
Ordinance No. 1161
Page 3
1
2
3 except for restaurant establishments whether inside or
outside the City boundaries, shall be computed by
4 measuring the distance between the closest exterior
structural walls of each use.
5
B. Subsection 9233c (v) is amended to read as follows:
6
"Alcoholic beverage sales establishments subject to the
7 following criteria:
8 Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
9 floor area and permitted businesses with more than 15,000
~square feet of gross floor area where the off-site alcoholic
10 beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
11 minimum distance regulations:
12 (1) 300 feet from any other residentially zoned or used
property.
13
500 feet from any existing off-site sales establishment.
14
600 feet from any church, place of worship, public or
15 private school, park, playground, clinic, hospital,
health care facility or convalescent home.
16
600 feet from existing on-site sales establishments,
17 except restaurant establishments.
18 (2 Minimum distances between off-site sale establishments
and; residentially zoned or used property, churches,
19 places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
20 and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
21 public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
22 or outside the city boundaries.
23 (3 Minimum distances between off-site sales establishment
and another off-site or on-site sales establishment,
24 except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
25 the distance between the closest exterior structural
walls of each use.
26
On-site alcoholic beverage sales establishments except
27 restaurant. establishments subject to the following minimum
distance regulations:
28
(1) 1,000 feet from any residentially zoned or used property.
Ordinance No. 1161
Page 4
1
2
3 1,000 feet from any other existing on-site except
resEaurant establishments or off-site sales
4 establishments.
5 1,000 feet from any church, place of worship, public or
private school, park, playground, clinic, hospital,
6 health care facility or convalescenE home.
7 (2) Minimum distances between on-site sale establishments
except restaurant establishments and; residentially zoned
8 or used property, churches, places of worship, public or
private schools, parks, playgrounds, clinics, hospitals,
9 health care facilities and convalescent homes shall be
computed by measuring the distance from the closest
10 exterior 'wall of the on-site establishment to the
property line of any of the above uses whether inside or
11 outside the city boundaries.
1-2 (3) Minimum distances between on-site sales establishmenns
and another off-site or on-site sales establishment
13 except restauranE establishments whether inside or
outside City boundaries shall be computed by measuring
14 the distance between the closest exterior structural
walls of each use.
15
C. Subsection 9234c(10) is amended to read as follows:
16
"Alcoholic beverage sales establishments subject to the
17 following criteria:
18 Off-site alcoholic beverage sales located in a building and
permitted business with less than 15,000 square feet of gross
19 floor area, and permitted. businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic
20 beverage sales area within the building occupies more than 10
percent of the gross floor area, subject to the following
21 minimum distance of regulations:
22 1) 300 feet from any residentially zoned or used property.
23 500 feet from any existing off-site sales establishment.
24 600 feet from any Church, place of worship, public or
private school, park, playground, clinic, hospital,
25 health care facility or convalescent home.
26 600 feet from existing on-site sales establishments,
except restaurant establishments.
27
(2) Minimum distances between off-site sale establishments
28 and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
Ordinance No. 1161
Page 5
1 .
3 and convalescent homes shall be computed by measuring the
distance from the closest entry/exit provided for
4 public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
5 or outside the city boundaries.
6 (3) Minimum distances between off-site sales establishment
and another 'off-site or on-site sales establishment
7 except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
8 the distance between the closest exterior structural
walls of each use.
9 '.
On,site alcoholic beverage sales establishments except
10 restaurant.establishments subject to the following minimum
distance r'egulations:
11
(1) 1,000 feet from any residentially zoned or used property.
12
1,000 feet from any other existing on-site except
13 restaurant establishments or off-site sales
establishments.
14
1,000 feet from any church, place of worship, public or
15 private school, park, playground, clinic, hospital,
health care facility or convalescent home.
16
(2') Minimum distances between on-site sale establishments
17 except restaurant establishments and; residentially zoned
or used property,.churches, places of worship, public or
18 private schools, parks, playgrounds, clinics, hospitals,
health care facilities and convalescent homes shall be
19 computed by measuring the distance from the closest'
exterior wall of the on-site establishment to the
20 property line of any of the above uses whether inside or
outside the city boundaries.
21
(3) Minimum distances between on-site sales establishments
22 and another off-site or on-site sales establishment
except restaurant establishments whether inside or
23 outside City boundaries shall be computed by' measuring
the .distance between the closest exterior structural
24 walls of each use.
25
D. Subsection 9235~(dd) is amended to read as follows:
26
"Alcoholic beverage sales establishments subject to the
27 following criteria:
28 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
Ordinance No. 1161
Page 6
1
2
3 square feet of gross floor area where the off-site alcoholic
beverage sales area within the building occupies more than 10
4 percent of the gross floor area, subject to the following
minimum distance of regulations:
5
(1) 300 feet from any residentially zoned or used property.
6
500 feet from any existing off-site sales establishment.
7
600 feet from any church, place of worship, public or
8 private school, park, playground, clinic, hospital,
health care facility or convalescent home.
9
600 feet from existing on-site sales establishments,
10 except restaurant establishments.
11 (2) Minimum ~distances between off-site sale establishments
and; residentially zoned or used property, churches,
12 places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities
13 and convalescent homes shallbe computed by measuring the
distance from the closest entry/exit provided for
14 public/customer access of the off-site establishment to
the property line of any of the above uses whether inside
15 or outside the. city boundaries.
16 (3) Minimum distances. between off-site sales establishment
and another off.site or on-site sales establishment
.17 except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
18 the distance between the closest exterior structural
walls of each use.
19
On-site alcoholic beverage sales establishments except
20 restaurant establishments subject to the following minimum
distance regulations:
21
(1) 1,000 feet from any residentially zoned or used property.
22
1,000 feet from any other existing on-site except
23 restaurant establishments or off-site sales
establishments.
24
1,000 feet from any Church, place of worship, public or
25 private school, park, playground, clinic, hospital,
health care facility or convalescent home.
26
(2) Minimum'distances between on-site sale'establishments
27 except for restaurant establishments and;residentially
zoned or used property, churches, places of worship,
28 public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes
shall be computed by measuring the distance from the
Ordinance No. 1161
Page 7
3 closest exterior wall of the on-site establishmenE to the
property line of any of the above uses whether inside or
4 outside the city boundaries.
5 (3) Minimum distances between on-site sales establishments
and another off-site or on-site sales establishment
6 except restaurant establishments whether inside or
outside City boundaries shall be computed by measuring
7 the distance between the closest exterior structural
walls of each use.
8
9 E. Subsection 9242b(g) is amended to read as follows:
10 "Alcoholic beverage sales establishments subject to the
following criteria:
11
Off-site alcoholic beverage sales located in a building and
12 permitted business with less than 15,000 square feet of gross
floor area where the off-site alcoholic beverage sales area
13 within the building occupies more than 10 percent of the gross
floor area, subject to the following minimum distance
14 regulations:
15 (1) 300 feet from any residentially zoned or used property.
16 500 feet from any existing off-site sales establishment.
17 600 feet from any church, place of worship, public or
private school, park~ playgrou~d~ clinic, hospital,
18 health care facility or convalescent home.
19 600 feet from existing on-site sales establishments,
except restaurant establishmentsl
20
(2) Minimum distances between off-site sale establishments
21 and; residentially zoned or used property, churches,
places of worship, public or private schools, parks,
22 playgrounds, clinics, hospitals, health care facilities
and convalescent homes shall be computed by measuring the
23 distance from the closest entry/exit provided for
public/customer access of the off-site establishment to
24 the property line of any of the abo~e uses whether inside
or outside the city boundaries.
25
(3) Minimum distances between off-site sales establishment
26 and another off-site or on-site sales establishment
except restaurant establishments whether inside or
27 outside City boundaries shall be computed by measuring
the distance between the closest exterior structural
28 walls of each use.
Ordinance No. 1161
Page 8
1
2
3 On-site alcoholic beverage sales establishments except
restaurant establishments subject to the following minimum
4 distance regulations:
5 (1) 1,000 feet from any residentially zoned or used property.
6 1,000 feet from any other existing on-site except
restaurant establishments or off-site sales
7 establishments.
8 1,000 feet from any church, place of worshmp, public or
private school, park, playground, clinic, hospital,
9 health care facility or convalescent home.
10 (2) Minimum distances between on-site sale establishments
except restaurant establishments and; residentially zoned
11 or used property, churches, places of worship, public or
private schools, parks, playgrounds, clinics, hospitals,
12 health care facilities and convalescent homes shall be
computed by measuring the distance from the closest
13 exterior wall of the on-site establishment to the
property line of any of the above uses.
14
(3) Minimum distances between on-site sales establishments
15 and another bff-site or on-site sales establishment
except restaurant establishments whether inside or
16 outside City boundaries shall be computed by measuring
the distance between .the closest exterior structural
17 walls of each use.
18 PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 2nd day of January,1996.
JI ....
21 Ma~o~OTTSJ
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23
P~j~E~A STOKER
24 City Clerk
25
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1161
Pamela Stoker, 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. 1161 was introduced at
a regular meeting of the City Council held on December 4, 1995 and was
passed and adopted at a regular meeting of the City Council held on
January 2, 1996 by the following vote:
COUNCILMEMBER AYES: Potts, Worley, Saltarelli, Thomas
COUNCILMEMBER NOES: Doyle
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
~ela Stoker