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HomeMy WebLinkAbout16-04 CC Ordinance ' ORDINANCE NO. 16-04 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF ANY NEW OR MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT FOR THE MANUFACTURING OF ALCOHOL WITH RETAIL SALES OR A TASTING ROOM IN THE CITY, DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Purpose and Intent. Staff has been approached by microbreweries that operate in the City about extending their uses and hours of operation of the retail sales and tasting room. Additionally, staff has been approached about the establishment of a microdistillery within the City, which would also include retail sales and a tasting room as part of the establishment. A review of the Temecula Municipal Code indicates that existing regulations pertaining to the manufacture and sale of ' alcohol are not geared toward regulating the retail sales and a tasting room portion of the business. The City intends to establish a moratorium on the establishment of the manufacturing of alcohol with a tasting room in the City, and on the expansion of existing similar uses in the City, for the period of time as specified in this Ordinance, so as to permit further study of the City's zoning regulations. Section 2. Legislative Findings. On April 12, 2016, the City Council considered the adoption of this Interim Ordinance at a duly noticed public meeting and on the basis of the record thereof makes the following findings in support of the immediate adoption and application of this Interim Ordinance regulating land use within the City. A. The City is responsible for adopting and implementing land use regulations within its boundaries. The Temecula Municipal Code generally regulates the entitlement, establishment and operation of businesses that serve alcohol or that manufacture products within the City. Microbreweries and microdistilleries are not defined by the City's Municipal Code nor are there any regulations specific to the retail sales or a tasting room portion of the business. B. Over time, the manufacturing of alcohol along with the retail sales of alcohol and a tasting room has been established in the City. Without proper regulation, the proliferation and expansion of the manufacturing of alcohol with a tasting room can create harmful secondary effects in the neighborhoods in which they are located. It is therefore necessary to update the City's Municipal Code to ensure that regulations are Ords 16-04 1 adopted that are specific to the manufacturing of alcohol with retail sales and a tasting room so that the manufacturing of alcohol with a tasting room is treated uniformly within the City. C. There is a current and immediate threat to the public health, safety and welfare presented by the establishment of new or modifications to existing Conditional Use Permits (CUP) for microbreweries and microdistilleries. Furthermore, the approval of additional use permits, building permits or any other applicable entitlement for a CUP for the manufacturing of alcohol with a tasting room would result in a threat to public health, safety or welfare. If a new CUP for the manufacturing of alcohol with a tasting room is established, or existing uses are expanded, without appropriate review and regulation, they could have potential adverse secondary effects on neighborhoods and result in significant irreversible change to the neighborhood and community character. There are currently no regulations in effect pertaining to security at the businesses manufacturing alcohol with a tasting room, the quantities of alcohol that can be served in the tasting room, nor has the availability of public transportation that services the areas where the existing manufacturing of alcohol with tasting a room is located been studied. Additionally, the City will be studying the compatibility of manufacturing of alcohol with a tasting room with other land uses and determining appropriate zones where manufacturing of alcohol with a tasting room can be established. D. The City Council finds that additional planning and research are necessary ' before the City adopts any regulations governing the manufacturing of alcohol with a tasting room. The City requires a sufficient and reasonably limited time to consider and study legally appropriate and reasonable policies regulating these businesses in order to prevent negative impacts on City residents, businesses and visitors. The City intends to undertake such a study within a reasonable time. Given the time required to undertake the study and planning, the City Council finds that it is necessary that this Urgency Interim Moratorium be declared to ensure that no CUPs for the manufacturing of alcohol with a tasting room that may be in conflict with the contemplated new policies or regulations are permitted in the interim. E. Absent the passage of this Interim Ordinance, continued approval of entitlements for a CUP for the manufacturing of alcohol with a tasting room poses a current and immediate threat to the public health, safety or general welfare. If this Interim Ordinance does not become effective immediately, but instead becomes effective thirty (30) days after a second reading, there is a risk that further harm will be done to prevent the orderly development of a business manufacturing alcohol requiring a CUP for a tasting room in the City. There is therefore an urgent necessity for the City to adopt a moratorium on the establishment of a CUP for the manufacturing of alcohol with a tasting room and the expansion or amendment of existing CUPs for the manufacturing of alcohol with a tasting room to take effect immediately. This moratorium is intended to provide the City with an opportunity to strengthen its zoning provisions to promote the appropriate development of a business manufacturing alcohol ' and requiring a CUP for a tasting room in the City. Ords 16-04 2 F. For the reasons specified in above, and based on all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare presented by the unregulated development or operation of a CUP for manufacturing of alcohol requiring a CUP for a tasting room and the expansion or amendment of CUPs for the manufacturing of alcohol with a tasting room in the City that would be inconsistent with the City's land use goals. In the absence of immediate effectiveness, the approval of building permits or any other applicable entitlements for such development or use will frustrate the City's ability to adopt and enforce appropriate regulations designed to protect surrounding development, uses, and the public health, safety, and welfare from the potentially adverse effects of the manufacturing of alcohol with a tasting room. Due to the foregoing circumstances, the City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires that this Interim Ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36934, 36937 and 65858, and that it take effect immediately upon adoption, and that its urgency is hereby declared. Section 3. CEQA Finding. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Interim Ordinance will have a significant effect on the environment because the adoption of this Interim Ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City, will preclude the establishment of a category of uses for a limited period of time, and will serve to reduce potential significant ' adverse environmental impacts caused by the establishment of any new CUP for the manufacturing of alcohol with a tasting room or for the expansion or amendment of any existing CUP for the manufacturing of alcohol with a tasting room. The City Council therefore determines that the adoption of this Interim Ordinance and the effects derivative from its adoption are exempt from California Environmental Quality Act (CEQA) review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Section 4. Moratorium Established. Based upon the findings contained in Sections 1 through 3, the City of Temecula hereby establishes a moratorium on the development or operation of new CUP for the manufacturing of alcohol with a tasting room in the City and the expansion or amendment of an existing CUP for the manufacturing of alcohol with a tasting room in the City. For purposes of this Interim Ordinance, the term manufacturing of alcohol with a tasting room means any location where alcohol is manufactured and sold or sampled for consumption on the premises. Notwithstanding any other ordinance or provision of the Temecula Municipal Code: A. The establishment or operation of any CUP for the manufacturing of alcohol with a tasting room, the expansion or amendment of any existing CUP for the manufacturing of alcohol with a tasting room, is prohibited during the term of the moratorium established in Section 5 below. ' B. The City shall not approve any new or pending application for any permit, license or other entitlement for the establishment, operation, expansion or amendment Ords 16-04 3 of any CUP for the manufacturing of alcohol with a tasting room during the term of the ' moratorium established in Section 5 below. C. The City shall not accept or process any new or pending application for any permit, license or other entitlement for the establishment, operation, expansion or amendment of any CUP for the manufacturing of alcohol with a tasting room during the term of the moratorium established in Section 5 below. D. The "expansion" of a CUP for the manufacturing of alcohol with a tasting room includes an increase in the hours of operation, size of the tasting room, or any other increase in the intensity or use of the CUP for the manufacturing of alcohol with a tasting room. Section 5. Moratorium Term. This Interim Ordinance shall expire, and the moratorium established hereby, shall terminate forty-five (45) days after the date of adoption of this Interim Ordinance, unless extended by the City Council, at a regularly noticed public hearing, pursuant to California Government Code section 65858. Section 6. Exceptions. This Interim Ordinance and the moratorium enacted hereby shall not affect any existing manufacturing of alcohol, previously approved pursuant to the Temecula Municipal Code and currently operating. All existing manufacturing of alcohol shall comply with the requirements of the Temecula Municipal ' Code and the terms and conditions of any permit issued pursuant thereto. Section 7. Immediate Effect. This Interim Ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety within the meaning of Government Code sections 36934, 36937 and 65858, and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption, by a minimum four-fifths (4/5) vote of the City Council. Section 8. Penalty. A violation of any provision of this Interim Ordinance shall be subject to the penalties and remedies set forth in Title 1 of the Temecula Municipal Code. In addition to the foregoing, any violation of this Interim Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law, including Chapter 8.12 of the Temecula Municipal Code. Section 9. Planning Studies and Written Report. The City staff shall promptly commence the studies they may deem necessary and appropriate to make recommendations to this City Council regarding the development, use, expansion or amendment of a CUP for the manufacturing of alcohol with a tasting room in the City and the criteria for regulating these uses. Pursuant to Government Code section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this Interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions that led to the adoption ' of this Interim Ordinance. Ords 16-04 4 Section 10. Extension of Time. The Director of Community Development and ' the City Clerk shall undertake all actions legally necessary to extend this Interim Ordinance in the event the report desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this Interim Ordinance. Section 11. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Interim Ordinance, or any part thereof, is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Interim Ordinance or any part hereof. The City Council of the City of Temecula hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 12. Publication and Posting. The City Clerk shall certify to the passage and adoption of this Interim Ordinance and shall cause the same or a summary thereof, to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of April, 2016. Michael S. Na r, Mayor ATTES Rand y Clerk [SEAL] 1 Ords 16-04 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 16-04 was duly passed and adopted at a meeting of the City Council of the City of Temecula on the 12th day of April, 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Ords 16-04 6