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HomeMy WebLinkAbout11-04 CC Urgency Ordinance URGENCY ORDINANCE NO. 11 -04 AN EXTENSION TO THE 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. Legislative findings. The City Council of the City of Temecula hereby makes the following findings in support of this interim ordinance extension: 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. Pursuant to the City Council's direction on May 24, 2011, City staff has initiated studies to determine: (1) the appropriate locations in the City for such Off -Sale Alcohol CUP Businesses; (2) whether additional regulations should be imposed upon Off -Sale Alcohol CUP Businesses; and (3) whether Off -Sale Alcohol CUP Businesses should be prohibited in certain areas of the City. R: /Ords 2011 /Ords 11 -04 1 F. In order that this may be accomplished, the City Council intends to extend the moratorium on the approval and issuance of conditional use permits for Off -Sale Alcohol CUP Businesses within the City so that City staff, the City Council, and the citizens of the City will have sufficient time to consider a comprehensive ordinance lawfully regulating Off -Sale Alcohol CUP Businesses in the City. The preparation of such an ordinance, together with the necessary public outreach, legal research, and City processes for consideration of such enactments, will require, at a minimum, ten (10) months and fifteen (15) days. G. Under state law, the City may twice extend an interim ordinance that imposes a temporary moratorium on the approval of applications while contemplated zoning and permitting proposals are being considered upon a finding that there is a current and immediate threat to the public health, safety, or welfare. Pursuant to California Government Code Section 65858(a), this first extension of the interim ordinance must be adopted by not less than a four -fifths vote of this City Council and will be in effect for an additional ten (10) months and fifteen (15) days from its adoption. The City Council may consider one additional one -year extension of the interim ordinance, pursuant to all legal requirements, if necessary. H. There is a current and immediate threat to public health, safety and welfare, because without this interim ordinance extension, 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 interim ordinance extension, 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. At its meeting on May 24, 2011, the City Council adopted Urgency Ordinance 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, and adopted associated findings of urgency. Said ordinance was adopted so that City staff, the City Council, and the citizens of the City will have sufficient time to consider a R: /Ords 2011 /Ords 11 -04 2 comprehensive ordinance lawfully regulating the Off -Sale Alcohol CUP Businesses in the City. Said ordinance was effective immediately upon its adoption and remains in effect for a period of forty -five (45) days, pursuant to Government Code Sections 36934, 36937, and 65858(a). J. Pursuant to Government Code Section 65858, Section 10 of Urgency Ordinance 11 -02, adopted by the City Council, directs the Director of Planning and the City Clerk's office to undertake all actions legally necessary to extend the interim urgency ordinance in the event the studies and reports desired by the City Council would not be concluded on or before the forty -fifth (45 day subsequent to the adoption of the interim urgency ordinance. Under state law, the interim ordinance may be extended by adoption by not less than a four -fifths vote of this City Council. K. The Director of Planning and the City Clerk find that additional time is needed to prepare the necessary studies and reports in order to consider a comprehensive ordinance lawfully regulating Off -Sale Alcohol CUP Businesses in the City, pursuant to Government Code Section 65858. L. Pursuant to Government Code Section 65090, a duly noticed public hearing was held on June 28, 2011 at 7 p.m. in the City Hall Council Chambers, 41000 Main Street, Temecula, California. Notice of the time, date, place and purpose of the aforesaid hearing was duly given. M. Evidence, both written and oral, was duly presented to and considered by the City Council of the City of Temecula at the aforesaid public hearing. SECTION 2. Adoption as Urgency Interim Zoning Ordinance. This ordinance is adopted as an interim zoning ordinance, extending Urgency Ordinance 11 -02, pursuant to the provisions of Government Code Section 36934, 36937, and 65858, and shall be effective immediately upon adoption for a period of ten (10) months and fifteen (15) days. Based upon the findings set forth in Section 1 of this Ordinance, the City Council finds and determines that the adoption of this ordinance as an interim urgency zoning ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934, 36937 and 65858(a), and is necessary to provide additional time to prepare the necessary studies and reports in order to consider a comprehensive ordinance lawfully regulating Off -Sale Alcohol CUP Businesses in the City. SECTION 3. Moratorium established. The City of Temecula hereby extends the interim moratorium on the approval and issuance of conditional use permits for those businesses or establishments offering the incidental sale 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 R: /Ords 2011 /Ords 11 -04 3 Off -Sale Alcohol CUP Business shall be approved during the term of the moratorium specified in Section 5 of this ordinance. SECTION 5. Moratorium term. This ordinance shall take effect immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen (15) days from the date of adoption, unless extended pursuant to Section 10 of this ordinance. 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 Finding. 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 CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CaI. 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 CaI. 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 adopted by the City without change or alteration. A Notice of Exemption has been completed in compliance with CEQA and CEQA Guidelines. SECTION 8. Severability. 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. Planning Studies. City staff shall promptly continue 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 R: /Ords 2011 /Ords 11 -04 4 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 for a second time this interim ordinance in the event the studies and reports desired by this City Council will not be concluded on or before the tenth (10 month and fifteenth (15 day subsequent to the adoption of this interim ordinance, pursuant to the provisions of Government Code Section 65858(b). SECTION 11. Effective Date. This ordinance shall take effect immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen (15) days from the date of adoption, unless extended pursuant to Section 10 of this ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28 day of June, 2011. Ron Roberts, Mayor ATTEST: 1 Susan . Jo -s, MMC City C erk [SEAL] R: /Ords 2011/Ords 11 -04 5 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 -04 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 28 day of June, 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 Jones, MMC City Clerk R: /Ords 2011/Ords 11 -04 6