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HomeMy WebLinkAbout11-02 CC Urgency Interim Ordinance URGENCY ORDINANCE NO. 11-02 AN INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA ORDAINS AS FOLLOWS: SECTION 1. Leqislative findinqs. The City Council of the City of Temecula hereby makes the following findings in support of this interim ordinance: A. On May 24, 2005, the City Council of the City of Temecula ("City") adopted Ordinance No. 05-05, amending the Temecula Municipal Code to require that certain businesses obtain a conditional use permit in order to sell alcoholic beverages on the premises. B. Ordinance No. 05-05 amended Temecula Municipal Code Section 17.10.020.B.2 to provide that grocery stores, drug stores and discount/department stores may offer the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted. Section 17.10.020.B.2. further provides that all other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, shall also require a conditional permit. C. Ordinance No. 05-05 also included required findings for liquor stores and minimum distance between businesses that require a conditional use permit to sell alcoholic beverages and public schools, parks, playgrounds, and churches. D. The City Council is concerned that under the City's current Municipal Code regulations for conditional use permits for businesses or establishments offering the incidental sale of alcoholic beverages for consumption off the licensed premises or "off-sale consumption" (such a business shall hereinafter be referred to as an "Off-Sale Alcohol CUP Business"), such businesses may be located within areas of the City which are inappropriate for such uses. E. Under state law, the City may adopt an interim ordinance that imposes a temporary moratorium on the approval of applications while contemplated zoning and permitting proposals are being considered. Pursuant to California Government Code Section 65858(a), this urgency interim ordinance must be adopted by not less than a four-fifths vote of this City Council and will be in effect for forty-five (45) days from its adoption. The City Council may consider extension of this interim ordinance, pursuant to all legal requirements, if necessary. R:/Ords 2011/Ords 11-02 1 F. The City Council finds that, in order to best protect the public health, safety, and welfare, it is necessary for the City to commence immediately such studies as may be required to determine the appropriate locations in the City for such Off-Sale Alcohol CUP Businesses and to determine whether additional regulations should be imposed upon Off-Sale Alcohol CUP Businesses or whether Off-Sale Alcohol CUP Businesses should be prohibited in certain areas of the City. In addition, the City Council desires that studies be commenced to determine if additional regulations should be imposed upon Off-Sale Alcohol CUP Businesses to reduce their detrimental impacts. G. To accomplish this, the City Council intends to impose, on an urgency basis, a temporary moratorium on the approval and issuance of conditional use permits for Off-Sale Alcohol CUP Businesses so that City staff, the City Council, and the citizens of the City of Temecula will have sufficient time to consider studies and a potential ordinance regulating Off=Sale Alcohol CUP Businesses. H. Pending the completion of the studies referenced in Paragraph F above, the City Council finds that it is necessary that this interim ordinance take effect immediately. There is a current and immediate threat to public health, safety and welfare, because without this urgency ordinance, new Off-Sale Alcohol CUP Businesses may be established in the City, so as to conflict with regulations or requirements ultimately adopted with respect to those facilities or uses. Without this urgency ordinance, Off-Sale Alcohol CUP Businesses could have the following effects: (1) Create or exacerbate undue concentrations of businesses that sell alcohol within the City; (2) Create or exacerbate nuisance activities or other disturbances of the peace associated with Off-Sale Alcohol CUP Businesses, such as loitering, littering, reckless driving, violent assaults or other disturbances of the peace; (3) Create operational conflicts with other land use or facilities authorized or existing in the neighborhood; or (4) Deteriorate the quality of life in a particular community or neighborhood. I. For the reasons specified in Section 1 of this interim ordinance and 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 caused by the proliferation of Off-Sale Alcohol CUP Businesses in the City, and that the approval of conditional use permits for Off-Sale Alcohol CUP Businesses would constitute a current and immediate threat to the public health, safety and welfare of the residents of the City. SECTION 2 Adoption as Urqencv Interim Zoninq Ordinance This interim ordinance is adopted as an urgency interim zoning ordinance pursuant to the provisions of Government Code Sections 36934, 36937 and 65858(a), and shatl be effective immediately upon its adoption. Based_ upon the findings set forth in Section 1 of this interim ordinance, the City Council finds and determines that the adoption of this interim R:/Ords 2011/Ords 11-02 2 ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937, and is necessary to protect the public safety, health, and welfare pursuant to the requirements of Government Code Section 65858(a). SECTION 3. Moratorium established. The City of Temecula hereby establishes an interim moratorium on the approval and issuance of conditional use permits for those businesses or establishments offering the incidental of alcoholic beverages for off-sale consumption in conjunction with an otherwise allowable use and requiring a conditional use permit, pursuant to Section 17.10.020.B of the Temecula Municipal Code. SECTION 4. Moratorium defined. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, no application for a conditional use permit, site plan review, building permit, or any other entitlement for the establishment of an Off-Sale Alcohol CUP Business shall be approved during the term of the moratorium specified in Section 5 of this interim ordinance. SECTION 5 . Moratorium term This interim ordinance shall take effect immediately upon adoption, and this interim ordinance shall expire, and the moratorium established hereby shall terminate, forty-five (45) days after the date of its adoption, unless extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. SECTION 6. The provisions of this interim ordinance shall not apply to a restaurant, grocery store, drug store, discount/department store or any other business or establishment that does not require a conditional use permit in order to sell alcoholic beverages, pursuant to Section 17.10.020.B of the Temecula Municipal Code and pursuant to Title 17 (Zoning) of the Temecula Municipal Code. SECTION 7. CEQA Findinq. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim ordinance is exempt from the California Environmental Quality Act of 1970 ("CEQA"), as amended, because it can be seen with certainty that this urgency ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim ordinance and the effects derivative from that adoption are exempt from the application of the CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 Cal. Code Regs. § 15061(b)(3)). The moratorium will temporarily prohibit businesses that seek conditional use permits to sell alcohol for off-sale consumption, and will thereby serve to reduce potential significant adverse environmental impacts. The City Council further finds, in the exercise of its independent judgment and analysis, that the adoption of this urgency ordinance is exempt from CEQA, pursuant to Section 15060(c)(2) of the State CEQA Guidelines (14 Cal. Code � Regs. § 15060(c)(2)), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. These findings are premised on the fact that the adoption of this urgency interim ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as R:/Ords 2011/Ords 11-02 3 adopted by the City without change or alteration. A Notice of Exemption has been completed in compliance with CEQA and CEQA Guidelines. SECTION 8. Severabilitv. If any section, subsection, clause or phrase of this interim ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this interim ordinance. The City Council hereby declares that it would have passed this interim ordinance and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses, or phrases be declared invalid. SECTION 9. Planninq Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of zoning and other necessary regulatory controls over Off-Sale Alcohol CUP Businesses within the City of Temecula. 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 which led to the adoption of this interim ordinance. SECTION 10. Extension of Time. The Director of Planning and the City Clerk's office shall undertake all actions legally necessary to extend this interim ordinance in the event the studies and reports 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 . Effective Date This interim ordinance shall take effect immediately upon its passage. It shall be of no further force or effect 45 days from the date of adoption unless extended following a public hearing, as provided in Government Code Section 65858. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24 day of May, 2011. Ron Roberts, Mayor ATTEST: Susan . Jon s, MMC rk [SEAL] R:/Ords 2011/Ords 11-02 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11-02 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 24 day of May, 2011, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None � Susan W. Jones, MMC City Clerk R:/Ords 2011/Ords 11-02 5