The URL can be used to link to this page

Home My WebLink About2025-03 CC Ordinance ORDINANCE NO. 2025-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 9 OF THE TEMECULA MUNICIPAL CODE TO REVISE CLASS IV ENTERTAINMENT LICENSE OPERATIONAL HOURS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. A new California Department of Alcoholic Beverage Control(ABC)License Type, Type 90 (Entertainment Venue) became effective on January 1, 2024 and inclusion of this new license type would bring increased visibility and patronage to Temecula. As such,the City Council directed staff to establish criteria for allowing these types of establishments in the City. B. The new Entertainment Venue has been in operation for several months, and has come forward to City Council with a request to increase the hours of entertainment by thirty (30) minutes. C. The code amendments are being made to ensure the Temecula Municipal Code provides clear, fair, and concise standards for entertainment and alcohol within the City with a Class IV Entertainment License. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On March 11,2025,the City Council,at a regular meeting,considered the amended Ordinance 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. Following the public hearing, the City Council considered the entire record of information received at the public hearings before City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance amendment implements revisions to the ABC Type 90 License and related Class IV Entertainment License. The amendment will extend the hours of allowable entertainment by one half hour. This amendment furthers the goals and policies contained in the City's General Plan. Inclusion of Class IV entertainment establishments (ABC Type 90 License) as a permitted use in the Old Town Specific Plan furthers Policy 7.1 of the Land Use Element which is to "Consider locating additional civic, public and cultural facilities in and around the Old Town area. Inclusion of consistent standards for establishments that sell alcohol furthers Goal 1 of the Land Use Element which specifies "A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses." The Type 90 ABC Licenses are unique among ABC licenses and are new to the State. As a result,there is no significant record of impacts arising from Type 90 Licenses nor of measures to mitigate impacts arising from such uses. Therefore, in order to balance the Goal of locating additional civic,public and cultural facilities in and around the Old Town area with the Goal of providing a safe and secure community free from the threat of personal injury and loss of property, the Council is continuing to limit the Class IV entertainment establishment licenses to one so as to evaluate the effectiveness of the regulations before expanding the use. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance amendment continues to implement consistent standards for establishments that sell alcohol,which furthers Goal 3 of the Public Safety Element which is to provide for"A safe and secure community free from the threat of personal injury and loss of property." C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance amendment has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, "Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts." Section 4. Environmental Compliance. In accordance with the California Environmental Quality Act,the proposed Ordinance Amendment No.2025- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the amended Ordinance will have a significant effect on the environment. The proposed ordinance would extend the hours of an existing Class IV Entertainment Establishment by thirty (30)minutes. As such,the change in operations to allow an extra half hour of live entertainment in this type of venue is not anticipated to have a significant effect on the environment. Staff recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance amendment. 2 Section 5. Subsection A of Section 9.10.090 (Universal entertainment license standards and conditions) of Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text,with all other provisions of Section 9.10.090 remaining unchanged: 9.10.090. Universal entertainment license standards and conditions. A. All Class I, Class II, and Class III, and Class IV entertainment establishments shall operate in accordance with the following standards or conditions: 1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre-compliance review. 2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active conditional use permit that explicitly allows outdoor entertainment, or by a temporary use permit, or special event permit. 3. Class III and IV Entertainment. Dancing is only permitted at establishments with a Class III or Class IV entertainment license. 4. Entertainment Hours of Operation. Entertainment operations shall cease,based on the times outlined below: a. The hours of entertainment for a Class IV entertainment establishment are limited to 10:59:59 11:29:59 pm to allow for the sale of alcoholic beverages 1 half hour after live performance ends. The 11:29:59 cut-off time for entertainment will not cause the midnight closing time to be superseded. Entertainment License Type Class I 17:00 a.m. —9:59:59 p.m. Daily Class II 7:00 a.m. —9:59:59 p.m. Daily Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to February 1, 2022. Class IV Entertainment operating hours shall be between 7:00 a.m.— 10:59:59 11:29:59 p.m. 3 Section 6. Severability. If any section or provision of this Ordinance amendment 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 7. Certification. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25d' day of March, 2025. Brenden Kalfus, Mayor ATTEST: Randi , ity Clerk [SEAL] I 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. 2025-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of March, 2025, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of March, 2025,by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Kalfus, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 5