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HomeMy WebLinkAbout04-14 CC Ordinance I I I ORDINANCE NO. 04-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEXT OF THE "TEMECULA CREEK VILLAGE" PLANNED DEVELOPMENT OVERLAY (PDO) ZONING DOCUMENT TO PERMIT THE SALE OF ALCOHOL IN THE VILLAGE COMMERCIAL PLANNING AREA, AND OTHER MINOR TEXT AMENDMENTS FOR CLARIFICATION. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends portions of Temecula Creek Village Planned Development Overlay as described below. A. Add the listing for "Incidental alcoholic beverage sales" and modify the listings for Convenience Market, Restaurants and other eating establishments in Table 17.22.136B of the Temecula Municipal Code with the following: Table 17.22.1368 Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4Vo Blueprint, Copying and Duplicating Service P P Convenience market (without the sale of alcoholic beverages) P - Convenience market (with the sale of alcoholic beverages) C - Incidental alcoholic beverage sales in conjunction with an C C otherwise allowable use Nightclubsltavems/bars/dance club/teen club - - Restaurants and other eating establishments (with or without the P p4 sale of beer and wine) Restaurants and other eating establishments (with the sale of - C4 beer, wine, and distilled spirits) Restaurants with lounge or live entertainment - C' B. C. Footnote Number 1 has been revised to show the correct Code citation. The original footnotes 3 and 4 have been deleted because these uses were not permitted and were inconsistent with the Development Code. The remaining footnotes have been renumbered 1-6 as shown below: D. 1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of alcoholic beverages. 2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code. 3. In PDO-4, all senior housinG residential oroiects shall use the development and R:/Ords 2004/0rds 04-14 performance standards for the High Density Residential zone and the provisions contained in Section 17.06.050.H. 4. The size of the use or activity is limited to 5,000 square feet. 5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise levels do not interfere with off-site conversation. 6. Drive through facilities are not allowed in the Village Planning Area. I Section 2. 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 3. 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 4. 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. I Section 5. 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of November, 2004. ,,/ ~ I R:/Ords 2004/0rds 04-14 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-14 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of November, 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of November, 2004, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None R:/Ords 2004/0rds 04-14