HomeMy WebLinkAbout03_050 PC Resolution
PC RESOLUTION NO. 2003-050
A RESOl.UTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMIECULA RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE
17 OF THE TEMECULA MUNICIPAL CODE AND PLANNED
DEVELOPMENT OVERLAY NOS. 5 AND 6 TO MODIFY THE
REGULA.TIONS FOR BUSINESSES SELLING ALCOHOLIC
BEVERAGES (PLANNING APPLICATION PA03-0245)"
WHEREAS, on November 9,1993, the City Council of the City of Temecula adopted the
General Plan; and
WHEREAS, on January 25, 1995, the City Council of the City of Temecula initially adopted
the City's Development Gode; and
WHEREAS, the City's Development Code has been periodically amended over time as
needed; and
WHEREAS, the Planning Commission considered the proposed amendment on August 20,
2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and
interested persons had an opportunity to, an did testify either in support or opposition to this matter;
NOW, THEREFORE, THE PLANNING COMMISSION OFTHECITYOFTEMECULADOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. ADProval. The Planning Commission for the City of Temecula hereby
recommends that the City Council adopt an ordinance amending the requirements for conditional
use permits for certain businesses selling alcoholic beverages and make other changes
substantially in the form attached to this resolution as Exhibit A.
Section 2. Environmental Compliance. The proposed amendment represents a minor
change to the Development Code to modify how businesses selling alcoholic beverages in
commercial zones need to be approved by the City. 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. As a result, the Planning
Commission recommends that the City Council make a determination that the proposal is except
from exempt from revie!w under the California Environmental Quality Act pursuant to Section
15061 (b)(3) of the CEQA Guidelines.
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Section 3. PASSED, APPROVED AND ADOPTED by the City of Te ecula Planning
Commission this 6th day of August 2003. W'
ATTEST:
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Debbi~~ñ6ské,\Se'W"~t~[Y
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~~~~ri~~ke, Secretary of the Temecula Planning Commission, do herebythatthe PC
Resolution No. 2003-050 was duly adopted and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 20th day of August, 2003, by the
following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson,
Olhasso, Telesio
PLANNING COMMISSIONERS:
None
PLANNING COMMISSIONERS:
None
PLANNING COMMISSIONERS:
None
í)¿/J;.,~' ~ ~
Debbie Ubnoske, Secretary -
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ORDINANCE NO. 03--
AN ORIJIINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMEClJlLA AMENDING TITLE 17 OF THE TEMECULA
MUNICIPAL CODE AND PLANNED DEVELOPMENT OVERLAY
NOS. 5 AND 6 TO MODIFY THE REGULATIONS FOR
BUSINESSES SELLING ALCOHOLIC BEVERAGES (PLANNING
APPLICATION PA03-0245)
THE CITY COllNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. TI1e City Council of the City of Temecula hereby amends Table 17.08.030 of
the Temecula Municipal Code as shown below.
A.
Deleted the listings for "Alcoholic Beverage Sales" and "Delicatessen".
B. Rename the listing for "Convenience market" to "Convenience market (without the
sale of alcoholic beverages)".
C.
Add a lis1ing that reads as follows:
Table 17.08.030
Schedule of Permitted Uses
CommerciaUOffice/lndustrial. Districts
Description of Use NC CC HT SC PO BP LI
Convenience market (with the sale of C C C C C - -
alcoholic beverages)
D.
Add listings that read as follows:
Table 17.08.030
Schedule of Permitted' Uses
Commerc:iáUOffice/lndustrial Districts
Description of Use NC CC HT SC PO BP LI
Incidental alcoholic beverage sales in - C C C C C C
conjunction with an otherwise allowable uses
(examples include bowling alleys and golf
courses)
Restaurants and other eating establishments P P P P P P P
(with or without the sale of beer and wine)
E. Delete the listing for Restaurants and other eating establishments and replace it with
the following.
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Table 17.08.030
Schedule of Permitted Uses
Co m merc ial/Offi celill d ustrial D istri cts
Description of Use NC CC HT SC PO BP LI
Restaurants and other eating establishments - C C C - C -
(with the sale of beer, wine and distilled spirits)
Section 2. Tile City Council of the City of Temecula hereby amends Table 17.1 0.020.B
of the Temecula Municipal Code to read as follows:
"Concurrent Sale, of Motor Vehicle Fuel and Alcoholic Beverages.
1.
2.
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 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.
The deci$ion and findings 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.
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.
No beer or wine shall be displayed within 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,
01' on free-standing signage.
No self-illuminated advertising for beer or wine shall be located on buildings
01' free-standing signage.
Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or
wine shall be at least 21 years of age."
b.
c.
d.
e.
f.
g.
Section 3. Tile City Council of the City of Temecula hereby amends portions of Pala
Road Planned Developrnent Overlay as described below.
A. Rename the "Pala Road Planned Development Overlay District-1" as the
"Pechanga Parkway Planned Development Overlay District-1" and replace all references of "Pala
Road" in the text to "Pec:hanga Parkway".
B.
Delete the listings for "Alcoholic Beverage Sales" and "Delicatessens".
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C. Add the listing for "Incidental alcoholic beverage sales" and replace the listing
for Restaurants and other eating establishments in Table 17.22.106 of the Temecula Municipal
Code to read as follows:
Table 17.22.106
Schedule of Permitted Uses
Pala Road Planned Development Overlay District
Description of Use PDO-1
Convenience Market (with or without the sale of alcoholic beverages) C
Incidental alcoholic beverage sales in conjunction with an otherwise -
allowable uses (E1xamples include bowling alleys and golf courses)
Restaurants and other eating establishments (with or without the sale of beer P
and wine)
Restaurants and other eating establishments (with the sale beer, wine and -
distilled spirits)
D.
Delete Footnote Number 1 and renumber the remaining footnotes.
Section 4. The City Council of the City of Temecula hereby amends portions of
NicolaslWinchester Planned Development Overlay as described below.
A.
Delete the listings for "Alcoholic Beverage Sales" and "Delicatessens".
B. Add the listing for "Incidental alcoholic beverage sales" and replace the listing
for Restaurants and other eating establishments in Table 17.22.126 of the Temecula Municipal
Code to read as follows
Table 17.22.126
Schedule of Permitted Uses
Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay
District
Description of Use PDO-3
Incidental alcoholic beverage sales in conjunction with an otherwise allowable -
uses (examples include bowling alleys and golf courses)
Restaurants and other eating establishments (with or without the sale of beer P
and wine)
Restaurants and other eating establishments (with the sale of beer, wine, and -
distilled spirits)
Section 5. TI1e City Council of the City of Temecula hereby amends portions of
Temecula Creek Village Planned Development Overlay as described below.
A.
Delete the listings for "Alcoholic Beverage Sales" and "Delicatessens".
B. Add the listing for "Incidental alcoholic beverage sales" and modify the
listings for Convenience Market and Restaurants and other eating establishments in Table
17.22.136B of the Teme,cula Municipal Code with the following:
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Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District
Description of Use PDO-4R PDO-4V.
Convenience maIket (without the sale of alcoholic beverages) P C
Convenience maIket (with the sale of alcoholic beverages) C C
Incidental alcohc,lic beverage sales in conjunction with an
otherwise allowable uses (examples include bowling alleys C -
and golf courses)
Restaurants and other eating establishments (with or without P p6
the sale of beer and wine)
Restaurants and other eating establishments (with the sale of - C6
beer, wine, and distilled spirits)
C.
Delete Footnote Number 1 and renumber the remaining footnotes.
Section 6. The City Council of the City of Temecula hereby amends portions of
uncodifed Temecula Village Planned Development Overlay as described below.
A.
Table 17.22.146.
Delete the listings for "Alcoholic Beverage Sales" and "Delicatessens" from
B. Add the listing for "Incidental alcoholic beverage sales" and replace the listing
for Restaurants and other eating establishments in Table 17.22.146 with the following:
Table 17.22.146
Schedule of Permitted Uses
TemeculaViliage Planned DevelopmentOverlay District
Description of Use A B C
Incidental alcoholic beverage sales in conjunction with an
otherwise allowable uses (examples include bowling alleys - - -
and golf courses)
Restaurants and other eating establishments (with or C P -
without the sale of beer and wine)
Restaurants and other eating establishments (with the sale - C -
of beer, wine and distilled spirits)
C.
Delete Footnote Number 1 and renumber the remaining footnotes.
Section 7. The City Council of the City of Temecula hereby amends portions of Rancho
Pueblo Planned Development Overlay as described below.
A.
Table 17.22.166A.
Delete the listings for "Alcoholic Beverage Sales" and "Delicatessens" from
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B. Acid a listing for "Incidental alcoholic beverage sales" and replace the listing
for Restaurants and other eating establishments in Table 17.22.166A with the following:
Table 17.22.166A
Schedule of Permitted Uses
R¡mcho Pueblo Planned DevelopmentOverlay District
Description of Use PDO-6
Incidental alcoholic beverage sales in conjunction with an otherwise allowable -
uses (examples include bowlina allevs and aolf courses)
Restaurants and other eating establishments (with or without the sale of beer P
and wine)
Restaurants and other eating establishments (with the sale of beer, wine and -
distilled spirits)
Section 8. Environmental Compliance. The proposed amendment represents a minor
change to the Development Code to modify how businesses selling alcoholic beverages in
commercial zones need to be approved by the City. 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 9. S'3verabilitv. 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 10. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall calise the same to be posted as required by law.
Section 11. E','!ective 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 po~ited in three designated posting places.
Section 12. TI1is 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.
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