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HomeMy WebLinkAbout16-05 CC Ordinance ORDINANCE NO. 16-05 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 (ZONING) OF THE TEMECULA MUNICIPAL CODE ESTABLISHING DEFINITIONS AND PERFORMANCE STANDARDS FOR USES INVOLVING THE MANUFACTURING OF ALCOHOLIC BEVERAGES WITH RETAIL SALES AND TASTING ROOMS, SUCH AS BREWERIES, DISTILLERIES, AND WINERIES AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(13)(3) 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 facility. A review of the Temecula Municipal Code indicates that existing regulations pertaining to the manufacturing and sale of alcoholic beverages are not geared toward regulating the retail sales and the tasting room portion of these land use types. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 17 of the Temecula Municipal Code ("Ordinance") on May 11, 2016 at a duly noticed public hearing as prescribed by law, at which time the City Staff and interested persons had an opportunity to provide public comment either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of all written and oral comments received, the Planning Commission adopted Resolution No. 16-14, recommending that the City Council adopt this Ordinance. ' D. On May 24, 2016, the City Council held a duly noticed public hearing, as prescribed by law, providing an opportunity for the public to comment on this Ordinance. Ords 16-05 1 The City Council considered all written and oral comments prior to its adoption of this Ordinance. E. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or is described in the text of the General Plan because the Industrial Park land use designation supports the primary use of alcohol beverage manufacturing. The ancillary tasting room and live entertainment uses complement the primary manufacturing functionality of an alcohol beverage manufacturer. Additionally, retail use in the Industrial Park land use and Light Industrial designations is currently permitted. In the Service Commercial land use/zoning designations, manufacturing uses are permitted in the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan because the Economic Development and Land Use Elements of the General Plan contain goals, policies, programs and guidelines that support the proposed amendments. The Land Use element of the General Plan includes goals and policies that support diverse land uses. The Land Use element also encourages flexible zoning techniques in appropriate locations. The proposed amendments support the General Plan's desire to mix uses, and encourage flexible zoning. Land Use Goal 1 A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. Policy 1.6 Encourage flexible zoning techniques in appropriate locations to encourage mixed use development, preserve natural features, achieve innovative site design, achieve a range of transition of densities, provide open space and recreation facilities, and/or provide necessary amenities and facilities. Land Use Implementation Program Number Three (LU-3) encourages the review and update of the Development Code to implement mixed uses. The proposed amendments ' fulfill the LU-3's desire to continuously review and update the code to help implement mixed-use land uses. Ords 16-05 2 LU-3 Development Code Update ' Review and update the Development Code to ensure consistency with the General Plan and to help implement mixed-use and rural preservation recommendations of the Land Use Element. The Economic Development element also identifies the desire to develop the Temecula Valley as a tourist destination. The proposed amendments support the goals of the Economic Development element's goals and policies by allowing alcohol beverage manufacturers to grow with more certainty and consistency. Consequently, more tourist venues could be available to enhance to overall desirability of Temecula. Economic Development Goal 6 A comprehensive, recognizable tourist destination, offering a range of attractions throughout and beyond the Planning Area. Policy 6.2 Support tourism venues, including commercial, recreational, convention, resort, and wine making activities that spotlight the desirability of and bring visitors to the Temecula Valley. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the General Plan and all applicable provisions contained therein because the proposed amendments are allowed in the land-use designations in the General Plan and in conformance with the identified goals, policies, programs and guidelines as identified in the General Plan. Section 4. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments add performance standards to an existing allowable use, currently regulated through the issuance of a conditional use permit. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 5. Section 17.34.010 of Chapter 17.34 of Title 17 of the Temecula Municipal Code is hereby amended by adding the following definitions to read as follows: Ords 16-05 3 "Alcoholic beverage manufacturing" means an establishment that produces or manufactures alcoholic beverages and is licensed by the Department of Alcoholic Beverage Control of the State of California. These type of establishments may (1) sell alcohol that is produced or manufactured on the alcoholic beverage manufacturer's licensed premises for On-Sale or Off-Sale consumption, (2) include accessory uses such as tours, specialty dinners, food pairings, retail sales, and/or on-site consumption, and (3) include tasting rooms. Typical uses include breweries, distilleries and wineries. "Tasting Room" means a separate area on the alcoholic beverage manufacturer's licensed premises maintained and operated by and for an alcoholic beverage manufacturer, wherein alcoholic beverages may be sold and served by an employee or designated representative of the alcoholic beverage manufacturer to consumers of legal drinking age for consumption on the alcoholic beverage manufacturer's licensed premises. Alcoholic beverages manufactured elsewhere may not be sold in the tasting room or on the alcoholic beverage manufacturer's licensed premises. A tasting room is, and at all times shall remain, an ancillary use to the alcoholic beverage manufacturing use." Section 6. Table 17.08.030 of Chapter 17.08 of Title 17 of the Temecula Municipal Code is hereby amended as follows: Add rows titled "Alcoholic beverage manufacturing" and "Alcoholic beverage ' manufacturing with live entertainment" and revise row titled "Restaurants with lounge or live entertainment" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Alcoholic beverage manufacturing C P P Alcoholic beverage manufacturing with live entertainment 1 C C C R Restaurants with lounge or live entertainment 1 C C C C C Notes: 1 . Subject to the supplemental development standards contained in Chapter 17.10 of this code. Section 7. Section 17.10.020.B of Chapter 17.10 of Title 17 of the Temecula ' Municipal Code is hereby amended by adding Subsection "11. Alcoholic Beverage Manufacturing" to read as follows: Ords 16-05 4 "11. Alcoholic Beverage Manufacturing. a. Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations. b. All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located. C. All businesses manufacturing alcoholic beverages shall obtain a business license with the City as set forth in Title 5 of the Temecula Municipal Code. d. Prior to an employee selling or serving alcohol, the alcohol licensee or employer shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D) training from the California Department of Alcoholic Beverage Control or similar training if available from the Temecula Police Department. e. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within ' the building. f. The dispensing of alcohol may occur between the hours of 10:00 A.M. and 10:00 P.M., unless otherwise specified as part of a temporary use permit. g. On-site alcohol sales shall be limited to product manufactured on-site. h. There shall be no admission fee, cover charge, nor minimum purchase required. i. The retail area, including the tasting room, shall not exceed 15% of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur. j. In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed 50% of the total allowable retail area. k. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. I. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point." Ords 16-05 5 M. All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the Service Commercial (SC) Zoning District. n. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail. o. The display of alcoholic beverages shall not be located outside of a building or within five (5) feet of any public entrance to the building. P. There shall be no live entertainment, DJ's, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporary use permit. q. The number of persons shall not exceed the maximum occupancy load as determined by the Temecula Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. ' r. The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty eight (48) hours from the time of occurrence. S. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Section 17.08.070 and 17.24.050 of the Temecula Municipal Code. t. A security plan in a form satisfactory to the Temecula Police Department shall be submitted to and approved by the Temecula Police Department. The security plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises." Section 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this 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 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, Ords 16-05 6 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 9. Publication and Posting. 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 10. Effective Date. This Ordinance shall take effect thirty days after its passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2016. G Mi I S. Nagg , Mayor ATTE Randi ity Clerk [SEAL] Ords 16-05 7 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. 16-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of May, 2016, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 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 16-05 8