HomeMy WebLinkAboutORD 1237 (2001)10
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ORDINANCE NO. 1237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING CODE AMENDMENT 01-001 TO: 1) AMEND ARTICLE 9,
PART 9, SECTION 9297 OF THE TUSTIN CITY CODE TO INCLUDE A
DEFINITION FOR "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-1), CENTRAL COMMERCIAL (C-2),
HEA~ 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 FOP, OFF-SITE
ALCOHOLIC BEVERAGE SALES WITHIN THE RETAIL COMMERCIAL
(C-1), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3),
COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M) ZONING
DISTRICTS.
The City Council of the City of. Tustin does hereby ordain as follows:
Section 1. FINDINGS
The City Council of the City of Tustin finds and determines as follows:
Ao
That Code Amendment 01-001 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.
Bo
That a public hearing was duly noticed, called, and held on this
code amendment by the Planning Commission on May 14,
2001. The Planning Commission adopted Resolution No.
3778 recommending approval of Code Amendment 01-001.
Co
That a public hearing was duly noticed, called, and held by the
City Council that introduced this ordinance at a regular
meeting held on May 21,2001.
Do
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.
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Ordinance No. 1237
Page 2 of 5
Do
E,
The proposed code amendment is necessary to provide
flexibility 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:
,
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.
o
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,
Ordinance No. 1237
Page 3 of 5
and attractive centers of adequate size and scale,
which offer a variety of retail goods and amenities.
FJ
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.
Section 2.
as follows:
Article 9 of the Tustin City Code is hereby amended to read
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."
e
The following land use shall be added to Tustin City Code Sections:
92'32(b)(w), 9233(¢)(ee), 9234(c)(13), 9235(c)(hh), and 9242(b)(h)
shall be amended to include:
"Specialty Stores"
e
The following text shall be added as Tustin City Code. Sections
9232b(p)(4), .9233c(v)(4), 9234c(10')(4), 9235c(dd)(4), and
91'.42b(g)(4) regarding off-site sales establishments:
"Specialty stores as defined by Section 9297 of the Tustin City Code
shall' be exempt from minimum distance regulations~"
Section 3. SEVERABILITY
All of the provisions of this ordinance shall be construed to.gether 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 No. 1237
Page 4 of 5
Pamela Stoker
City Clerk
PASSED AND ADOPTED by the City., Council of the City of Tustin at a
regular meeting on the 4th day of June 2001.
Tracy Wili~/orley, Mayor
to
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA .)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO..1237
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, 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 Ordinance No. 1237 had first
reading by title only and introduction at the May 21, 2001 City Council meeting and was
adopted at the June 4, 2001 Council meeting by the following vote:
COUNCILMEMBER AYES' Worley, Thomas, Bone, Doyle, Kawashima
COUNClLMEMBER NOES' None
COUNClLMEMBER ABSTAINED' None
COUNClLMEMBER ABSENT: None
Pamela Stoker, City Clerk