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HomeMy WebLinkAbout05-05 CC Ordinance I I II ORDINANCE NO. 05-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO REGULATE LIQUOR STORES AND SIMILAR USES, AND TO FURTHER CLARIFY OTHER REQUIREMENTS FOR BUSINESSES SELLING ALCOHOLIC BEVERAGES (PLANNING APPLICATION 04-0594) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinas. The City Council is particularly concerned about the deleterious secondary impacts that can arise from the over-concentration of liquor stores. Although the risks of negative secondary effects can arise from any sales facility offering alcoholic beverage, this City Council finds that the risks of negative secondary effects increase when a sales facility has, as its sole and primary focus, the sale of a wide range of beverages containing alcohol and of no other primary consumer product. The secondary effects that have been associated with such single product genre include, but are not limited to, an increase in public disturbances, increases in theft crimes, increases in alcohol use related offense and increases in sales of alcoholic beverages to underage purchasers. For the purposes of minimizing the potential risk arising from an over-concentration of such users, and to ensure that each liquor store is operated in a responsible manner that minimizes burdens on the City's police and publiC safety and maximizes benefits to the community, the City imposes these further requirements, proof of which much be expressly determined to exist by the hearing body or officer pursuant to clear and convincing evidence: Section 2. Additional Findinas. The City Council is also concerned that the use of census tracts to determine the potential for over-concentration of establishments selling alcoholic beverages does not adequately reflect local land use planning efforts. Census tracts are created by the United States Bureau of the Census and are intended to facilitate the compilation of data gathered during the decennial national census. Census tract boundaries are commonly drawn along roads or are based upon easily observable physical features such as rivers and streams. The right to control land uses is a fundamental power granted to local governments by the State of California. The lack of consideration of an adopted general plan creates a situation where a business selling alcoholic beverages is in an appropriate location, as determined by the City Council, yet is considered to be potentially inappropriate by the State Department of Alcoholic Beverage Control. Therefore, the City Council has determined that all requests for a finding of convenience or necessity shall solely consider local land use planning and compatibility issues. Section 3. The City Council of the City of Temecula hereby amends Table 17.08.030 of the Temecula Municipal Code as shown below. R:/Ords 2005/0rds 05-05 I I I A. Replace the listing for alcoholic beverage sales with the follows: Description of Use NC CC HT SC PO BP LI Alcoholic beverage sales in conjunction C C C C C C C with an otherwise allowable use (examples include: bowling alleys, golf courses, and wine tasting establishments)' 1. Subject to the supplemental development standards contained in Chapter 17.10. B. Add the following uses: Description of Use NC CC HT SC PO BP LI Convenience market (with the sale of C C C C C - - alcoholic beverages) Specialty market C p p p C - - Wine tasting shop (including product sale C P P P - - - for off-site consumption) C. following: Replace the listing for restaurants and other eating establishments with the Description of Use Restaurants and other eating establishments (with or without the sale of beer and wine) NC p HT SC p p PO BP LI p p p CC p D. Modify the listing for nightclub/tavern/bar/dance club/teen club with the following: Description of Use Nightclub/tavern/bar/dance club/teen club HT SC PO BP LI C C NC CC C Section 4. The City Council of the City of Temecula hereby amends Section 17.10.020.B of the Temecula Municipal Code to read as follows: "B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall require the appropriate license from the state of California. 2. Grocery stores, drug stores, and discount/department stores may offer the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted by another provision of this Title. All other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, shall also require a conditional use permit. R:/Ords 2005/0rds 05-05 2 I I I Examples of these other businesses include: golf courses, bowling alleys, and other sports and recreation facilities. 3. Businesses selling alcoholic beverages and requiring a conditional use permit shall not be located within five hundred feet of any religious institution, school, or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious institution, school, or public park. This requirement shall not apply when the alcohol-selling business and the church, school or park are both located within commercial or industrial zones. 4. Liquor Stores. Liquor stores shall comply with the following additional standards and requirements. a. No proposed liquor store shall be located closer than 1,000' (one thousand feet) from any existing liquor store, as measured from closest property line to closest property line. b. A security plan, including but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering, and other reasonable factors has been submitted to the Chief of Police and has been approved or conditionally approved. c. No liquor store shall open for business without the prior approval of a conditional use permit prior to the conduct of business. Any reasonable conditions deemed necessary to ensure the proposed liquor store will not create nuisance conditions or unreasonably disrupt the neighborhood, in which it is proposed to be located, may be added into the conditions of approval for the project. d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit as contained in Section 17.04.010. 5. Finding of Public Convenience or Necessity. When requested by the State of California to make a finding of public convenience or necessity, the approval authority shall consider only the following criteria in making a finding of public convenience or necessity. a. Whether or not the proposed use is consistent with the general plan and development code. b. Whether or not the proposed use is compatible with the nature, condition, and character of adjacent land uses. c. Whether or not the proposed use would have an adverse effect on adjacent land uses d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity." R:/Ords 2005/0rds 05-05 3 I Section 5. The City Council of the City of Temecula hereby amends Section 17.10.020 of the Temecula Municipal Code by adding Subsection Q to read as follows: "Q. Concurrent Sale of Motor Vehicle Fuel and Alcoholic Beverages. 1. To comply with the provisions of the Business and Professions Code (Section 23790 et. seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. 2. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine with motor vehicle fuel. a. b. I c. d. e. f. No beer or wine shall be displayed within close proximity to and never closer than five feet of the cash register or the front door. No sale of alcoholic beverages shall be made from a drive-up window. No display or sale of beer or wine shall be made from an ice tub. No beer or wine advertising shall be located on motor fuel islands. No beer or wine advertising shall be located on the building, windows, doors, or on free-standing signage. No self-illuminated advertising for beer or wine shall be located on buildings or free-standing signage. g. Employees on duty between the hours of 10 p.m. and 2 a.m. that sell beer or wine shall be at least 21 years of age. h. All employees selling alcoholic beverages shall have completed the Training Program provided by the Alcoholic Beverage Commission." Section 6. The City Council of the City of Temecula hereby amends Chapter 17.34 of the Temecula Municipal Code by adding the following definitions: ""Liquor Store" means a retail sales facility offering for sale an assortment of distilled, fermented, brewed or similarly prepared beverages that contain amounts of alcohol sufficient to cause the sale of the beverage to be regulated by the State of California and (i) where the sale of such beverages is the predominant product sold in such facility, whether such finding is determined by total annual retail sales or square footage of the facility dedicated to the storage and/or display of such merchandise; and (ii) the retail sales facility is not the direct, corporately owned marketing and/or sales facility of the :1 R:/Ords 2005l0rds 05-05 4 I I ,I producer of the alcoholic beverage and where the alcoholic beverage is primarily intended to be consumed off site from the place of sale. Liquor stores commonly range in size from 2,000 square feet to 5,000 square feet. A convenience market selling distilled spirits that meets criteria (i) and (ii) above shall also be considered as a liquor store for the purposes of this ordinance." "Specialty market" means a retail food market that specializes in a specific type or class of food and related products. Typically specialty markets range in size from 10,000 to 40,000 square feet." Section 7. Environmental Compliance. The proposed amendment represents a minor change to the Development Code to modify how businesses selling alcoholic beverages are addressed. When a site specific application is filed with the City, a determination will be made at that time, as to the type of environmental review necessary to comply with the provisions of the California Environmental Quality Act. The City Council has reviewed the information contained in the Initial Environmental Study and hereby finds that the adoption of this ordinance could have no impact on the environment and the adoption of this ordinance is exempt from review under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 8. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 10. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 11. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. R:/Ords 2005l0rds 05-05 5 I ,I II PASSED, APPROVED AND ADOPTED this 24th day of May, 2005. AB"EST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-05 was duly introduced and placed upon its first reading at a meeting of the City Council on the 10th day of May, 2005 and that thereafter, said Ordinance was duly adopted and passed at a meeting of the City Council on the 24th day of May, 2005, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: o o o COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN COUNCIL MEMBERS: None Susan W Jones, CMC City Clerk R:/Ords 2005/0rds 05-05 6