HomeMy WebLinkAbout12-02 CC Ordinance ORDINANCE NO. 12-02
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
FURTHER CLARIFY THE REGULATIONS ON
BUSINESSES SELLING ALCOHOLIC BEVERAGES
(LONG RANGE PLANNING PROJECT NO. LR11-0007)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Legislative Findings. The City Council of the City of Temecula
hereby makes the following findings in support of this Ordinance:
A. On May 24, 2011, the City Council adopted Interim Urgency Ordinance
No. 11-02, establishing a 45-day moratorium on the approval of Conditional Use
Permits (CUP's) for businesses that sell alcoholic beverages for off-sale consumption.
B. On June 28, 2011, the City Council adopted Ordinance No. 11-04,
extending the Interim Urgency Ordinance and moratorium until May 13, 2012 to provide
time for staff to conduct research r.equired to determine the appropriate locations in the
City for off-sale alcohol CUP businesses and to determine whether additional
regulations should be imposed on these businesses or whether these businesses
should be prohibited in certain areas of the City.
Section 2. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine, and declare that:
A. The Planning Commission considered this Ordinance and the Negative
Declaration on February 1, 2012, at a duly noticed public hearing, as prescribed by law,
at which time the City Staff and interested persons had an opportunity to and did testify
either in support or opposition to this matter.
B. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 12-04
recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance and
Negative Declaration on February 28, 2012, at a duly noticed public hearing, as
prescribed by law, at which time the City Staff and interested persons had an
opportunity to and did testify either in support or opposition to this matter.
D. Following 'the public hearing, the City Council considered the entire record
of information received at the public hearings before the Planning Commission and City
Council.
R:/Ords 2012/Ords 12-02 1
Section 3. Additional Findings. The City Council is particularly concerned
about the deleterious secondary impacts that can arise from the sale of distilled spirits
at convenience markets and liquor stores.
A. Atthough 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 provides distilled spirits at stores open
on an extended hour basis, are located in smaller commercial centers with less private
security, and located along major roadways.
B. The secondary effects that have been associated with such
locations/businesses, include, but are not limited to, increases in public disturbances
such as loitering, littering, reckless driving, violent assaults or other disturbances of the
peace, increases in alcohol use related offenses and increases in sales of alcoholic
beverages to underage purchasers.
C. For the purposes of minimizing the potential risk arising from such uses,
and to ensure that such businesses minimize burdens on the City's police and public
safety and maximizes benefits to the community, the City desires to prohibit liquor
stores, restrict the sale of distilled spirits for off-sale consumption only at grocery stores,
drug stores, specialty markets and discount/department stores that are located in larger
commercial centers, where the sale of such distilled spirits is not the primary product,
and the size of such businesses are greater than 10,000 square feet.
Section 4. Environmental Findings. The City Council of the City of Temecula
hereby makes the following environmental findings and determinations in connection
with the approval of the proposed Ordinance:
A. Pursuant to the California Environmental Quality Act (Public Resources
Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidefines (California Code
of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines,
the City Council finds that City staff prepared an Initial Study of the potential
environmental effects of this Ordinance amending Title 17 of the City's Municipal Code
to restrict the sale of distilled spirits for off-sale consumption, increase the separation
between Alcohol CUP Businesses to 600 feet consistent with the State of California
Business and Professions Code, restrict the sale of alcohol for on-site consumption
when associated with live entertainment to bona fide restaurant establishments, and
other minor clarification items related to alcohol sales ("Project"). Based upon the
findings contained in that Initial Study, Staff determined that there was no substantial
evidence that the Project could have a significant effect on the environment and a
Negative Declaration was prepared. Thereafter, Staff provided public notice of the
public comment period and of the intent to adopt the Negative Declaration as required
by law. The public comment period commenced on October 12, 2011 and expired on
November 1, 2011. Copies of the documents have been available for public review and
R:/Ords 2012/Ords 12-02 2
inspection at the offices of the Department of Community Development at City Hall,
located at 41000 Main Street, Temecula, California 92590.
B. The City Council has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration prior to and at the February 28, 2012 public
hearing, and based on the whole record before it, finds that (1) the Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the
Project will have a significant effect on the environment; and (3) the Negative
Declaration reflects the independent judgment and analysis of the City Council. Based
on the findings set forth in this Section, the City Council hereby adopts the Negative
Declaration prepared for the Project.
Section 5. Portions of Table 17.08.030 of the Municipal Code is hereby
amended as follows:
Description of Use NC CC HT SC PO BP LI
Alcoholic beverage sales See Section 17.10.020.
Supplemental Development
Standards
Beer and wine market C C C C - - -
Bowlin alle - P P P - - -
Convenience market C C C C C - -
Groce store, retail - P P P C - -
Groce store, wholesale - - - P - C P
Liquor stores - - - - - - -
Ni htclubs/ dance club/teen club/comed club - C C C - - -
Restaurants and other eatin establishments P P P P P P P
Retail support use to a noncommercial
business (limited to the sale of products
manufactured or assembled on-site and - - - - - P P
occupying less than 15% of the floor area of
the business
S ecialt market C P P P C - -
Notes:
1. Subject to the Supplemental Development Standards contained in
Chapter 17.10 of this code.
Section 6. Section 17.10.020.B of the Municipal Code is hereby amended as
follows:
B. Alcoholic Beverage Sales.
1. All businesses or establishments offering the sale of alcoholic
beverages shall obtain and thereafter maintain the appropriate license from the
State of California Department of Alcohol Beverage Control.
R:/Ords 2012/Ords 12-02 3
2. Grocery stores, drug stores, speciaity markets, and
discount/department stores ("Primary Uses") may offer the incidental sale of
alcoholic beverages as a permitted use, unless the initial establishment, or
amendment thereof, of the Primary Use require a City of Temecula Conditional
Use Permit pursuant to another provision of this title.
3. All other businesses, establishments, or facilities offering the sale of
alcoholic beverages, shall require a Conditional Use Permit.
4. Restaurants are permitted to serve beer and wine as a matter of
right but are subject to obtaining a Conditional Use Permit to offer, sell, or serve
distilled spirits, unless otherwise regulated by a current Specific Plan.
5. For establishments with on-sale alcohol beverage sales that are not
bona fide eating establishments (i.e. comedy club, nightclub, dance club), the
`bar area' may ONLY be an incidental use subject to the approval of a
Conditional Use Permit.
6. Businesses selling alcoholic beverages that require a Conditional
Use Permit shall not be located within six hundred feet of any religious or
educational institution, day care center 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 or educational institution, day care center
or public park. This requirement shall not apply when the alcohol-selling business
and the religious or educational institution are both located within commercial or
industrial zones. This separation requirement shall also not apply to restaurants
(bona fide eating establishments).
7. Convenience Markets and BeerM/ine Markets.
a. Only beer and wine may be sold, and only for off-site
consumption. This is the equivalent to an ABC Type 20 license type.
Distilled spirits and pre-mixed spirit cocktails are prohibited from being
sold, gifted or consumed on-site.
b. No displays of beer or wine shall be located within ten (10)
linear feet from any building entrance or check-out counter. This
prohibition shall not apply if the display is not physically accessible to
customers.
c. 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 shall be submitted to
the chief of police and be approved or conditionally approved prior to
public display or sales of beer or wine.
R:/Ords 2012/Ords 12-02 4
d. The failure to comply with any of these conditions may result
in the revocation of the Conditional Use Permit pursuant to Section
17.04.010 of this title.
8. Legal Non-conforming Liquor Stores. Existing liquor stores are,
upon the effective date of this Ordinance, deemed legal non-conforming uses.
9. 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.
10. Gas Stations - Concurrent Sale of Motor Vehicle Fuel and Alcoholic
Beverages.
a. 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.
b. 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 products at a facility that
also offers motor vehicle fuel:
i. No beer or wine shall be displayed within five feet of '
the cash register or building entrance.
ii. No sale of alcoholic beverages shall be made from a
drive-up window.
R:/Ords 2012/Ords 12-02 5
iii. No display or sale of beer or wine shall be made from
an ice tub or similar device or unit.
iv. No beer or wine advertising shall be located on motor
fuel islands.
v. No beer or wine advertising shall be located on the
building, windows, doors, or on freestanding signage.
vi. No self-illuminated advertising for beer or wine shall
be located on buildings or freestanding signage.
vii. Only employees on duty between the hours of ten
p.m. and two a.m. who are at least twenty-one years of age may
sell alcoholic beverages.
viii. Distilled spirits and pre-mixed spirit cocktails are
prohibited.
Section 7. Section 17.10.020.Q of the Municipal Code is deleted in its'
entirety.
Section 8. Section 17.34.101 of the Municipal Code is hereby amended to add
the following definition:
"Beer/Wine Market" means a retail market that specializes in the sale of beer and
wine for off-sale consumption as regulated by the State of California Alcohol
Beverage Control Type 20 license. The sale of beer and wine products is the
predominant product sold in such facility and the sale of other goods and
services is not required. There are no size criteria or limitations on such facilities.
Section 9. Section 17.34.101 of the Municipal Code is hereby amended to add
the following definition:
"Bona fide Eating Establishment" means an establishment that is used for the
regular service of ineals to patrons. The establishment shall have suitable
kitchen facilities and provide an assortment of foods commonly ordered at
various hours of the day.
Section 10. Section 17.34.101 of the Municipal Code is hereby amended to
revise the following definition:
"Convenience market" means a retail food market providing goods and other
services on an extended-hour basis. The sale of beer and wine is allowed with
an approved Conditional Use Permit. Such stores are located in smaller
commercial centers or along major roadways with easy accessibility.
R:/Ords 2012/Ords 12-02 6
Section 11. Section 17.34.101 of the Municipal Code is hereby amended to
revise the following definition:
"Specialty markeY' means a retail market that specializes in a specific type or
class of food, drink, and related products. Specialty markets generally range in
size from 10,000 to 40,000 square feet.
Section 12. Section 17.34.101 of the Municipal Code is hereby amended to
revise the following definition:
"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 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 two thousand to five thousand 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 title. Liquor stores are prohibited as of the
effective date of this Ordinance.
Section 13. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened
by reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact
that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
Section 14. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 15. Upon the effective date of this Ordinance, the moratorium imposed
by Ordinance Nos. 11-02 and 11-04 shall terminate.
Section 16. This Ordinance shall take effect thirty (30) days after passage.
R:/Ords 2012/Ords 12-02 7
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 13 day of March, 2012. �
�
� �-- � -
�,
� j � �f -.
�- �
huck Washington, Mayor
ATTEST:
;
Susan W. Jones, MMC
City Cler `�
[SEAL]
R:/Ords 2012/Ords 12-02 8
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 12-02 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 28 day of February,
2012, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 13 day of March, 2012, the following vote:
AYES: 3 COUNCIL MEMBERS: Comerchero, Edwards, Washington
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: Naggar, Roberts
ABSTAIN: 0 COUNCIL MEMBERS: None
/
/ �
Susan . ones, MMC
City Clerk
R:/Ords 2012/Ords 12-02 9