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PRELUDE MUSIC:
CALL TO ORDER:
Flag Salute:
Roll Call:
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
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When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
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limit for individual speakers.
NOTICE TO THE PUBLIC
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
FEBRUARY 1, 2012 — 6:00 PM
Earlene Bundy
Commissioner Harter
Carey, Guerriero, Harter, Kight, and Telesio
Next in Order:
Resolution: 12 -04
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action..
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of January 18, 2012
1
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
2 Long Range Planning Project No. LR11 -0007, a Development Code Amendment (Title
17 of Municipal Code) to modify the regulations for businesses selling alcoholic
beverages, Cheryl Kitzerow
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF
THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE
REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES"
(LONG RANGE PLANNING PROJECT NO. LR11 -0007)
REPORTS FROM COMMISSIONERS
PLANNING DIRECTOR REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, February 15, 2012, 6:00 PM City
Council Chambers, 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's
Planning Department Public Counter located at 41000 Main Street and at the Temecula Library located at 30600
Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the
Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review
at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission
meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's
website at www.cityoftemecula.orq.
2
PRELUDE MUSIC:
CALL TO ORDER:
Flag Salute:
Roll Call:
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
PUBLIC HEARING ITEMS
RECOMMENDATION:
Earlene Bundy
2.1 Adopt a resolution entitled:
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
JANUARY 18, 2012 — 6:00 PM
Commissioner Guerriero
Carey, Guerriero, Harter, Kight, and Telesio
1
Next in Order:
Resolution: 12 -02
1.1 Approve the Minutes of January 4, 2012 APPROVED 5 -0; MOTION BY
COMMISSIONER HARTER, SECOND BY COMMISSIONER TELESIO; VOTE
REFLECTED APPROVAL
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
2 Planning Application No. PA11 -0212, a Major Modification to the facade of an existing
building (formerly 5 & Diner) and provide a 500 square foot outside patio to the front of
the building, located at 26460 Ynez Road, David Ortega APPROVED 5 -0; MOTION BY
COMMISSIONER TELESIO, SECOND BY COMMISSIONER HARTER; VOTE
REFLECTED APPROVAL
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0212, A
MAJOR MODIFICATION TO THE FACADE OF THE EXISTING BUILDING
(FORMERLY 5 & DINER) AND TO ADD A 500 SQUARE FOOT OUTDOOR
DINING PATIO AT THE FRONT OF THE BUILDING LOCATED AT 26460
YNEZ ROAD (APN 910 - 320 -037)
3 Planning Application No. PA11 -0280, a Minor Conditional Use Permit to allow an
existing restaurant (Pat & Oscar's) to upgrade an existing Type 41 ABC license to a
Type 47 alcohol license, located at 29375 Rancho California Road, Eric Jones
CONTINUED FOR 30 DAYS 5 -0; MOTION BY COMMISSIONER KIGHT, SECOND BY
COMMISSIONER CAREY; VOTE REFLECTED APPROVAL
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 12 -02
PC RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0280, A
MINOR CONDITIONAL USE PERMIT TO ALLOW AN EXISTING
RESTAURANT (PAT & OSCAR'S) TO UPGRADE THEIR EXISTING ABC
TYPE 41 ALCOHOL LICENSE TO A TYPE 47 LOCATED AT 29375 RANCHO
CALIFORNIA ROAD (APN 944 - 330 -015)
4 Planning Application No. PA11 -0270, a Minor Conditional Use Permit to allow a new
restaurant (Fishmonger's) to obtain a Type 47 ABC license and provide live
entertainment, located at 31045 Temecula Parkway, Eric Jones APPROVED 4- 0 -0 -1;
MOTION BY COMMISSIONER CAREY, SECOND BY COMMISSIONER TELESIO;
VOTE REFLECTED APPROVAL; HARTER ABSTAINED
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 12 -03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0270, A
MINOR CONDITIONAL USE PERMIT TO ALLOW A NEW RESTAURANT
(FISHMONGER'S) TO OBTAIN A TYPE 47 ABC LICENSE AND PROVIDE
LIVE ENTERTAINMENT LOCATED AT 31045 TEMECULA PARKWAY (APN
961 -410 -029)
2
REPORTS FROM COMMISSIONERS
DEVELOPMENT SERVICES DIRECTOR REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, February 1, 2012, 6:00 PM City
Council Chambers, 41000 Main Street, Temecula, California.
Ron Guerriero
Chairman
3
Patrick Richardson
Director of Planning and Redevelopment
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: February 1, 2012
PREPARED BY: Cheryl Kitzerow, Case Planner
APPLICANT NAME: City of Temecula
CEQA: Negative Declaration
RECOMMENDATION: Recommend City Council approval
PROJECT Long Range Planning Project No. LR11 -0007, a Development Code
SUMMARY: Amendment (Title 17 of Municipal Code) to modify the regulations
for businesses selling alcoholic beverages.
The proposed Ordinance prohibits liquor stores, increases the separation requirements between
Alcohol Conditional Use Permit (CUP) Businesses and sensitive land uses (educational
institutions, day care center and public parks) from 500 feet to 600 feet consistent with the State
of California Business and Professions Code; allows the sale of alcohol for on -site consumption
as an incidental use when associated with entertainment venues; and other minor clarification
items related to alcohol sales. More specifically, the Ordinance revisions would:
Update Use Matrix Section 17.08.030 as follows:
• Liquor stores will be prohibited in all zones regulated by the Development Code.
• On -sale alcohol beverage sales for establishments that are not bona fide eating
establishment (i.e. nightclubs /comedy clubs /dance clubs) would be restricted as a
incidental use only
• Clarify Alcohol Beverage Sales Use Category to reference Supplemental Development
Standards of the Code
• Add Use Category for BeerNVine Markets
• Clarify those uses subject to Supplemental Development Standards for Alcohol Sales
with footnote 1
Revise Supplemental Development Standards Section 17.10.020.B as follows:
• Clarify applicability of the supplemental standards when the use is regulated by another
regulating document (i.e. Specific Plan)
• Clarify language regarding exception for grocery, drug, discount department stores
• Add language to clarify that restaurants with beer /wine license don't require CUP but
sale of distilled spirits requires a CUP
• Add language to clarify that on -site alcohol beverage sales is permitted as an incidental
use subject to a CUP at entertainment venues
1
• Add special standards for convenience markets and beer /wine
of distilled spirits
• Clarify existing liquor stores to become Legal Non - Conforming
of Ordinance
• Relocate regulations for concurrent sale of motor vehicle fuel
Alcohol Beverage Sales section
Revise Definitions Section 17.34.101 as follows:
• Clarify Liquor Store
• Add Beer/Wine Market
• Add Bona Fide Eating EstablishmentiRestaurant
• Revise Convenience Market
• Revise Specialty Market to include specialty drinks
BACKGROUND
2
markets to prohibit sales
uses upon effective date
and alcohol sales to
Planning staff is processing Planning Application No. PA11 -0010, a Minor Conditional Use
Permit to upgrade from an Alcohol Beverage Control (ABC) Type 20 License (Off -sale Beer and
Wine) to a Type 21 License (Off -sale General Liquor) for Stop Quick Mini Mart located at 29762
Rancho California Road. On April 6, 2011, staff presented the request to the Planning
Commission with a recommendation for denial. This recommendation was based on previous
determinations and long- standing policy.
Historically, the City has not supported the issuance of Type 21 licenses to gas stations or small
convenience stores as they are typically incompatible with surrounding land uses and have the
potential for increased crime related incidents. As records indicate, the majority of Type 21
licenses in the City were permitted for large, chain grocery stores and a large pharmacy. Since
2002, for uses that require a Conditional Use Permit (and have a Type 21 license), there were
only two CUP requests approved for businesses that were not grocery /department stores or
pharmacies. These permits were for Barno's Liquor (PA10 -0063) and Melano's Liquor (PA10-
0168), which were requests for a transfer of existing licenses to new locations. Both
establishments held their Type 21 ABC licenses prior to the City's incorporation. In addition, on
April 11, 2011, staff issued a business license to Pete's Market to open as a convenience
market with a Type 21 ABC license (transferred from outside the City limits) in Melano Liquor's
previous Jefferson Avenue location. Pursuant to Section 17.03.070.F of the Development
Code, this was permitted as a legal non - conforming use since Pete's Market occupied the
space before the 6 month expiration of the legal non - conformity that Melano's Liquor had been
operating under. Therefore, the City has not issued any new Type 21 licenses for liquor stores
where a CUP was required.
At its April 6, 2011 meeting, the Planning Commission continued Planning Application No.
PA11 -0010 to allow time to review information provided by the applicant. On April 20, 2011, the
Planning Commission approved the CUP request and directed staff to prepare a resolution and
Conditions of Approval for adoption at the May 4, 2011 Planning Commission meeting. Much of
the Commissions' discussion related to the unwritten City policy regarding Type 21 licenses.
Subsequent to the April 20, 2011 hearing, Commissioner Harter requested the Planning
Commission reconsider their previous decision to allow the Council the opportunity to clarify the
City's policy regarding alcohol beverage sales. On May 4, 2011, the Planning Commission
voted to continue PA11 -0010 off - calendar to allow the Council time to provide specific direction
on their policy regarding Type 21 licenses.
On May 24, 2011, the City Council adopted Ordinance No. 11 -02 implementing a Citywide
moratorium on the approval of Conditional Use Permits (CUPs) for businesses to sell alcoholic
beverages for off sale consumption, when such a CUP is required. The initial time period for the
moratorium was 45 days. On June 28, 2011, City Council extended the Interim Urgency
Ordinance and moratorium until May 13, 2012. This extension was to provide staff adequate
time to prepare studies to determine the appropriate locations in the City for Off -Sale Alcohol
CUP businesses and to determine whether additional regulations should be imposed upon
these businesses or whether these businesses should be prohibited in certain areas of the City.
Staff has analyzed potential provisions for the City's Zoning Ordinance that would mitigate the
detrimental impacts on public peace, health and safety expressed in the moratorium ordinance,
including existing alcohol licenses within the City, crime statistics for these businesses, literature
and case studies illustrating the relationship between alcohol and crime, and a review of
ordinances from other cities regulating alcohol sales.
Current Municipal Code Regulations
Current standards for on- and off -sale regulations for the sale of alcoholic beverages are
provided in Municipal Code Section 17.10.020, Supplemental Development Standards. These
standards were updated in 2005 in response to Council concern over the regulation of certain
types of establishments selling alcoholic beverages and the number of liquor stores within the
community. The 2005 Code update clarified the following: (1) when grocery stores, drug stores
and discount/department stores are a permitted use, they may offer the incidental sale of
alcoholic beverages without a Conditional Use Permit; (2) all other businesses or
establishments offering the incidental sale of alcoholic beverages, in conjunction with an
otherwise allowable use, require a Conditional Use Permit; (3) separation requirements for
liquor stores (1,000 foot separation between liquor stores) and operational criteria (security plan,
etc.), (4) added local findings for Public Convenience and Necessity, and, (5) required all
businesses selling alcohol and requiring a CUP shall not be located within 500 feet of any
religious /educational institution, day care or public park as measured from the main entrance of
the business selling alcohol and the closest public entrance of the sensitive use. The code
allows an exception to this requirement if both uses are located in commercial or industrial
zones.
Off -Sale Alcohol Licenses and Locations
There are two primary types of ABC licenses for off -sale consumption. A Type 20 license
authorizes the sale of beer and wine for consumption off the premise where it is sold. A Type
21 license authorizes the sale of beer, wine and distilled spirits for consumption off the premise
where sold.
ABC requires that the City make Findings of Public Convenience and Necessity (PCN) for new
off -sale licenses when the census tract where the premise is located has an overconcentration
of licenses. ABC determines a census tract has an overconcentration when the ratio of licenses
to population in the census tract exceeds the ratio of licenses to population in the local county.
At this time, the ABC determines a census tract has an overconcentration of licenses based on
3
Census Tract
# licenses allowed
(off -sale)
# licenses
existing (off -sale)
Overconcentrated
(YIN)
0432.15
2
14
Y
0432.21 (Paseo del Sol)
9
3
N
0432.03
8
16
Y
0432.10
3
10
Y
0432.14
11
17
Y
0432.17
2
4
Y
0432.18 (Nicolas Valley
& Meadowview)
4
0
N
0432.16
4
15
Y
0432.20 (Mira Loma)
3
0
N
0432.22
3
4
Y
Type of Business
Type 20
Type 21
Grocery /Drug /Discount Store
5
22
Gas Station /Convenience
Store
21
2
Liquor Stores
-
6*
Misc. Winery/Gift Baskets
8
-
TOTAL:
34
30
allocating one off -sale license per 2,500 residents. The following provides a breakdown of
overconcentration for off -sale licenses by census tracts within the City (note the census tract
boundaries do not follow City limits and in some instances include areas outside the City limit —
a copy of the Census Tract Map is attached). The City's central commercial area is located in
Census Tract 0432.16 (Mall area). Based on this data, all commercial areas within the City are
over concentrated.
As of the writing of this report, there are currently 64 active ABC licenses for off -sale permits
within the City of Temecula. These include:
*Liquor Stores: Old Town Liquor, Melano Liquor, Rancho Liquor, Barno's Liquor, MK Market,
Pete's Market
Alcohol and Crime
According to records from the Police Department, based on the Calls for Service report between
August 2006 and August 2011, there are more Drunk in Public calls at gas
stations /market/liquor stores that have off -sale licenses than at the grocery/drug stores with off -
sale licenses. There were 39 Drunk in Public incidences at 25 grocery stores with calls,
compared to 67 incidences at the 26 liquor store /market /gas stations with reports.
In addition to local statistics, there are numerous publications regarding the relationship
between alcohol and violence. Below is a summary of such studies (weblinks have been
provided where available; hard copies of all studies available for review in the project file):
• A study published in the Drug and Alcohol Review, focused on trends of youth (ages 13-
17 and 18 -24) homicide and density of alcohol outlets between 1984 and 2006 in the 91
4
largest cities, including Riverside California. The study included retail alcohol outlets
primarily engaged in selling packaged alcohol beverages for off -site consumption (beer,
wine, and liquor stores). The study did not include grocery or convenience stores; nor
did it include businesses involved in on -site consumption. Results of the study indicated
that net of other variables, such as poverty, drugs, gangs and the availability of guns,
higher densities of liquor stores and easy access to alcoholic beverages contributed
significantly to higher youth homicide rates. An important policy implication of these
findings is that the reduction of the density of retail alcohol outlets in a city may be an
effective tool for violent crime reduction among youth. (Alcohol availability and youth
homicide in the 91 largest US cities, 1984 -2006, Robert N. Parker, Kirk R. Williams,
Kevin J. McCaffree, Emily K. Acensio, Angela Browne, Kevin J. Strom & Kelle Barrick
(September 2011), Drug and Alcohol Review, p. 30, 505 -514) – no weblink
• A study done in 2007, and said to be the first of its kind, focused on San Bernardino, and
the relationship between violent crime and the number of single -serve containers sold at
the 165 liquor stores. For purposes of the study, single serve containers are those that
are sold individually (not in a package that connects them to other containers) and range
in size from 8 ounces to 40 ounces, sold chilled in an ice bucket or refrigerated cooler
unit. Researchers found higher crime rates in neighborhoods with a greater number of
liquor stores and those that devote a larger percentage of their cooler space to single
cans and bottles. More specifically, researchers found higher crime rates in
neighborhoods where outlets devote more than 10 percent of cooler space to singles - in
some cases, it was as high as 50 percent. Single sales often increase associated
problems, such as selling to minors and public drinking. (The impact of retail practices
on violence:The case of single serve alcohol beverage containers, Robert Nash Parker,
Kevin J. McCaffree, & Daniel Skiles, (September 2011), Drug and Alcohol Review, p. 30,
496 -504) – no weblink
• The Pacific Institute report "Measuring What Matters: Neighborhood Research for
Economic and Environmental Health and Justice in Richmond, North Richmond, and
San Pablo" studied youth and resident exposure to liquor stores using (1) liquor store
density and (2) proximity of liquor stores to schools or parks. The study did not include
grocery stores that sell alcohol. The study stresses the importance of local land use and
zoning controls for regulating liquor store locations and density.
http: / /www.pacinst.orq /reports /measuring what matters/
• In a study of Camden, New Jersey, - Study concluded that those areas with high alcohol
outlet densities experienced more violent crime (including homicide, rape, assault, and
robbery) than low- density areas, after controlling for neighborhood social structure. In
the multivariate regression analysis, alcohol outlet densities explained close to one fifth
of the variability in violent crime rates across block groups— more than any one of the
neighborhood structural variables included in the analysis. (Spatial Dynamics of Alcohol
Availability, Neighborhood Structure and Violent Crime, Dennis M. Gorman, Paul W.
Speer, Paul J. Gruenewald, Erich W. Labouvie (2001) Journal of Studies on Alcohol, 62:
628 -636.) http:// www. highbeam .com/doc /1G1- 80345533.html
• In a six -year study of changes in numbers of alcohol outlets in 581 urban and rural zip
codes in California, an increase in the number of bars and off - premise places (e.g.,
liquor, convenience and grocery stores) was related to an increase in the rate of
violence. These effects were largest in poor, minority areas of the state, those areas
already saturated with the greatest numbers of outlets. (Gruenewald, P.J. and Remer, L.
Changes in outlet densities affect violence rates. In review, Alcoholism: Clinical and
Experimental Research, 2004.) http:// www .capitolneighborhoods.org /pdf /qruenewald.pdf
5
• A 1997 study of Cook County (IL) found that overconcentration of alcohol outlets is part
of neighborhood economic and social disintegration. The area's economic base loses its
diversity and becomes less attractive to both residents and potential retail customers.
The proliferation of alcohol outlets is thus both a symptom of economic decline and a
factor that worsens the decline. (Maxwell, A. & Immergluck, D. "Liquorlining: liquor store
concentration and community development in lower- income Cook County (IL)
neighborhoods." Chicago IL: Woodstock Institute, 1997) — no weblink
Other jurisdictions' alcohol regulations
Staff reviewed the alcohol regulations of other jurisdictions within several surrounding counties
to determine whether a standard existed for regulating alcohol businesses. Specifically, staff
wanted to compare Conditional Use Permit requirements, whether special standards are applied
to specific alcohol businesses, distance requirements separating such uses, and any other
applicable exceptions for such uses. The regulations by jurisdiction vary — most cities require a
CUP for alcohol sales; many allow exceptions for restaurants; separation distances vary from no
requirement (0 feet) to 1,000 feet. The City of Murrieta recently updated its' alcohol regulations
which includes both an administrative approval process and a CUP process depending on
business type, general and special standards by business type, and a 600 -foot separation
requirement from sensitive uses. Staff has attached a spreadsheet that identifies the
requirements for all cities studied.
CONCLUSION
Based on the research provided above, staff recommends that the Planning Commission
recommend to the City Council approval of the proposed Ordinance. The revised regulations
would apply to all areas regulated by the Temecula Development Code, not those areas
regulated by current Specific Plans (i.e. Old Town and Mall areas).
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project in accordance with the California Environmental Quality Act
(CEQA) and based on an Initial Study, it has been determined the project will not have a
significant impact on the environment; therefore, a Negative Declaration has been prepared for
the project.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on January 21, 2012.
ATTACHMENTS
Census Tract Map
Comparison of Alcohol Regulations for other jurisdictions
PC Resolution
Exhibit A - Proposed CC Ordinance
Initial Study
Notice of Public Hearing
6
Temecula Census 2000 Tracts
City
Require CUP
Distance Separation
Special Standards by Business
Type
Notes /Exceptions
Citrus Heights
Require use permit
except for:
restaurants,
supermarkets, food
markets, and other
retail establishments
which liquor sales is
less than 20% of total
sales.
Bars/ taverns and liquor stores
cannot be within 500 ft. of
public or private schools, places
of worship, hospitals, or public
parks and other similar uses.
No
Claremont
Allow bars /taverns only in
conjunction with food service or
a qualified entertainment use.
Entertainment uses only allowed in zoned
downtown area.
Corona
Yes
Bars /taverns require CUP.
Liquor stores require CUP as well
as a Letter of Necessity.
Escondido
Only required for gas
stations with 5+
pumps and alcohol,
cabarets, nightclubs,
bars and taverns, and
restaurants /delis with
alcohol (in CN zone)
No
Liquor stores are permitted use.
Police Dept. processes PCN's
Glendora
Need to be attached to a
restaurant or market in order to
sell alcohol.
Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards
G:PLANNING \2011 \LR11 -0007 Alcohol Urgency Ordinance \Research summary 6.11.doc
City
Require CUP
Distance Separation
Special Standards by Business
Type
Notes /Exceptions
Hemet
Yes, required for bars/
Taverns.
Bars require a CUP and are only allowed in
the C -M and C -2 zones.
Irvine
Yes, allow liquor
stores and
bars /taverns with a
CUP.
Murrieta
Yes
600 ft.
Yes- General standards for all.
Special standards for business
types.
Only beer /wine at convenience
stores /mini mart & gas stations
and shall not exceed more than
10% of retail floor area.
Grocery Stores limited to 15%
retail floor area for alcohol sales.
Admin Permit: amusement ctr., bowling
alley, conference ctr., spa, deli,
discount /drug /variety, florist, grocery store,
hotel /motel, restaurant.
CUP Permit: bar, convenience store, liquor
store, membership club, gas station /mini
mart, pool hall, movie theatre, tasting
facilities.
Oakland
Use Permit required
for alcohol sales
1,000 ft. from similar use.
No.
1,000 ft. separation does not apply in
certain districts, restaurants and businesses
over 20,000 SF w/25 full time employees.
Pasadena
Use Permit required
for all alcohol sales.
No.
No.
Poway
Yes for Liquor stores.
No.
Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards
G:PLANNING \2011 \LR11 -0007 Alcohol Urgency Ordinance \Research summary 6.11.doc
City
Require CUP
Distance Separation
Special Standards by Business
Type
Notes /Exceptions
Riverside
Use permit required
for off -sale licenses.
On sale licenses only
require CUP if certain
standards not met
600 ft. from public /private
school, assemblies of people,
public park (measured from
building of alcohol use to
property line of sensitive area).
No.
(100 ft. from
residential property.)
100 ft. from residential property
or dwelling.
1,000 ft. from parolee home,
drop -in /emergency, homeless
or transitional shelter or other
businesses licensed for off -sale
less than 15,000 SF or where
alcohol sales is primary use.
Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards
G:PLANNING \2011 \LR11 -0007 Alcohol Urgency Ordinance \Research summary 6.11.doc
City
Require CUP
Distance Separation
Special Standards by Business
Type
Notes /Exceptions
San Bernadino
Yes
500 ft. from religious institution,
school or public park.
100 ft. from residentially zoned
property.
Not to be located in such
proximity to another similar use
to cause oversaturation of the
neighborhood.
Yes- See Exceptions /Notes
Separation criteria not applicable to existing
off -site licenses to be transferred within 75
ft. of existing facility.
Establishments greater than 15,000 SF that
sell alcohol as incidental use does not
require CUP.
Existing legal nonconforming convenience
stores in CN zone can upgrade from Type 20
to Type 21 without meeting 100 ft.
separation from residential property if at
least 100 ft. from similar use.
San Marino
Yes for Liquor Stores.
Cocktail lounges and
bars are prohibited in
all zones.
Ventura
Use permits required
for all alcohol
beverage businesses-
no special standards
for business types.
No.
Deemed approved requirement for non -
conforming establishments and police
inspections required.
•
Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards
G:PLANNING \2011 \LR11 -0007 Alcohol Urgency Ordinance \Research summary 6.11.doc
City
Require CUP
Distance Separation
Special Standards by Business
Type
Notes /Exceptions
Vista
Use permit required
for type 20 and Type
21 ABC license types.
No.
Comparison of Other Agency Regulations on Alcohol Beverage Sales: No Consistent Standards
G:PLANNING \2011 \LR11 -0007 Alcohol Urgency Ordinance \Research summary 6.11.doc
PC RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND
17.34 OF THE TEMECULA MUNICIPAL CODE TO
FURTHER CLARIFY THE REGULATIONS ON
BUSINESSES SELLING ALCOHOLIC BEVERAGES"
(LONG RANGE PLANNING PROJECT LR11 -0007)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On November 9, 1993, the City Council of the City of Temecula adopted
the General Plan.
B. On January 25, 1995, the City Council of the City of Temecula initially
adopted the City's Development Code.
C. The City's Development Code has been periodically amended over time
as needed.
D. On May 4, 2011, the Planning Commission, in reviewing Planning
Application No. PA11 -0010, continued the Conditional Use Permit (CUP) request for a
Type 21 (off -sale general) ABC license to allow the City Council time to provide specific
direction regarding the policy for Type 21 licenses.
E. On May 24, 2011, the City Council adopted Ordinance No. 11 -02
implementing a Citywide moratorium on the approval of CUP's for businesses to sell
alcoholic beverages for off -sale consumption. The moratorium was extended for one
year when on June 28, 2011, the City Council adopted Ordinance No. 11 -04.
F. Staff conducted the research requested by City Council and presented the
proposed Development Code Amendment related to alcohol businesses (LR11 -0007 —
"Application "). The Planning Commission, at a regular meeting, considered the
Application and environmental review on February 1, 2012, 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 in opposition to this matter.
G. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission hereby recommends that the
City Council adopt an Ordinance amending the requirements for certain businesses
selling alcoholic beverages and make other changes substantially in the form attached
to this resolution as Exhibit A.
H. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the
recommended approval of the Development Code Amendment:
A. Pursuant to California Environmental Quality Act ( "CEQA), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Development Code Amendment, as described in the Initial Study ( "the Project "). Based
upon the findings contained in that study, City staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public
comment period commenced on October 12, 2011, and expired on November 1, 2011.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall, 41000 Main Street,
Temecula, California 92590.
C. No written comments were received prior to the public hearing.
D. The Planning Commission has reviewed the Negative Declaration and all
comments received regarding the Negative Declaration prior to and at the February 1,
2012 public hearing, and based on the whole record before it finds that: (1) the Negative
Declaration was prepared in compliance with CEQA; (2) there is no substantial
evidence that the Project will have a significant effect on the environment; and, (3) the
Negative Declaration reflects the independent judgment and analysis of the Planning
Commission.
E. Based on the findings set forth in the Resolution, the Planning
Commission hereby recommends the adoption of the Negative Declaration prepared for
this project.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 1 day of February 2012.
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
Ron Guerriero, Chairman
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 12- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1st day of February 2012, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS
ABSENT: PLANNING COMMISSIONERS
ABSTAIN: PLANNING COMMISSIONERS
Patrick Richardson, Secretary
ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING CHAPTERS 17.08, 17.10,
AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO
FURTHER CLARIFY THE REGULATIONS ON
BUSINESSES SELLING ALCOHOLIC BEVERAGES
(LONG RANGE PLANNING PROJECT NO. R11 -0007)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Legislative Findings. The City Council of the City of Temecula
hereby makes the following findings in support of this Ordinance:
A. On May 24, 2011, the City Council adopted Interim Urgency Ordinance
No. 11 -02, establishing a 45 -day moratorium on the approval of Conditional Use
Permits (CUP's) for businesses that sell alcoholic beverages for off -sale consumption.
B. On June 28, 2011, the City Council adopted Ordinance No. 11 -04,
extending the Interim Urgency Ordinance and moratorium until May 13, 2012 to provide
time for staff to conduct research required to determine the appropriate locations in the
City for off -sale alcohol CUP businesses and to determine whether additional
regulations should be imposed on these businesses or whether these businesses
should be prohibited in certain areas of the City.
Section 2. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine, and declare that:
A. The Planning Commission considered this Ordinance and the Negative
Declaration on February 1, 2012, 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. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 12-
recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance and
Negative Declaration on February 28, 2012, 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.
D. Following the public hearing, the City Council considered the entire record
of information received at the public hearings before the Planning Commission and City
Council.
Section 3. Additional Findings. The City Council is particularly concerned
about the deleterious secondary impacts that can arise from the sale of distilled spirits
at convenience markets and liquor stores.
A. Although the risks of negative secondary effects can arise from any sales
facility offering alcoholic beverage, this City Council finds that the risks of negative
secondary effects increase when a sales facility provides distilled spirits at stores open
on an extended hour basis, are located in smaller commercial centers with less private
security, and located along major roadways.
B. The secondary effects that have been associated with such
locations /businesses, include, but are not limited to, increases in public disturbances
such as loitering, littering, reckless driving, violent assaults or other disturbances of the
peace, increases in alcohol use related offenses and increases in sales of alcoholic
beverages to underage purchasers.
C. For the purposes of minimizing the potential risk arising from such uses,
and to ensure that such businesses minimize burdens on the City's police and public
safety and maximizes benefits to the community, the City desires to prohibit liquor
stores, restrict the sale of distilled spirits for off -sale consumption only at grocery stores,
drug stores, specialty markets and discount /department stores that are located in larger
commercial centers, where the sale of such distilled spirits is not the primary product,
and the size of such businesses are greater than 10,000 square feet.
Section 4. Environmental Findings. The City Council of the City of Temecula
hereby makes the following environmental findings and determinations in connection
with the approval of the proposed Ordinance:
A. Pursuant to the California Environmental Quality Act (Public Resources
Code Sections 21000, et seq. ( "CEQA ")), the State CEQA Guidelines (California Code
of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines,
the City Council finds that City staff prepared an Initial Study of the potential
environmental effects of this Ordinance amending Title 17 of the City's Municipal Code
to restrict the sale of distilled spirits for off -sale consumption, increase the separation
between Alcohol CUP Businesses to 600 feet consistent with the State of California
Business and Professions Code, restrict the sale of alcohol for on -site consumption
when associated with live entertainment to bona fide restaurant establishments, and
other minor clarification items related to alcohol sales ( "Project "). Based upon the
findings contained in that Initial Study, Staff determined that there was no substantial
evidence that the Project could have a significant effect on the environment and a
Negative Declaration was prepared. Thereafter, Staff provided public notice of the
public comment period and of the intent to adopt the Negative Declaration as required
by law. The public comment period commenced on October 12, 2011 and expired on
November 1, 2011. Copies of the documents have been available for public review and
Description of Use
NC
CC
HT
SC
PO
BP
LI
Alcoholic beverage sales
See Section 17.10.020.
Supplemental Development
Standards
Beer and wine market'
C
C
C
C
-
-
-
Bowling alley
-
P
P
P
-
-
-
Convenience market
C
C
C
C
C
-
-
Grocery store, retail
-
P
P
P
C
-
-
Grocery store, wholesale
-
-
-P
-
C
P
Liquor stores'
-
-
-
-
-
-
-
Nightclubs/ dance club /teen club /comedy club
-
C
C
C
-
-
-
Restaurants and other eating establishments
P
P
P
P
P
PP
Retail support use to a noncommercial
business (limited to the sale of products
manufactured or assembled on -site and
occupying less than 15% of the floor area of
the business)
-
-
-
-
-
P
P
Specialty market
C
P
P
P
C
-
-
Notes:
1. Subject to the Supplemental Development Standards contained in
Chapter 17.10 of this code.
inspection at the offices of the Department of Community Development at City Hall,
located at 41000 Main Street, Temecula, California 92590.
B. The City Council has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration prior to and at the February 28, 2012 public
hearing, and based on the whole record before it, finds that (1) the Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the
Project will have a significant effect on the environment; and (3) the Negative
Declaration reflects the independent judgment and analysis of the City Council. Based
on the findings set forth in this Section, the City Council hereby adopts the Negative
Declaration prepared for the Project.
Section 5. Portions of Table 17.08.030 of the Municipal Code is hereby
amended as follows:
Section 6. Section 17.10.020.B of the Municipal Code is hereby amended as
follows:
B. Alcoholic Beverage Sales.
1. All businesses or establishments offering the sale of alcoholic
beverages shall obtain and thereafter maintain the appropriate license from the
State of California Department of Alcohol Beverage Control.
2. Grocery stores, drug stores, specialty markets, and
discount /department stores ( "Primary Uses ") may offer the incidental sale of
alcoholic beverages as a permitted use, unless the initial establishment, or
amendment thereof, of the Primary Use require a City of Temecula Conditional
Use Permit pursuant to another provision of this title.
3. All other businesses, establishments, or facilities offering the sale of
alcoholic beverages, shall require a Conditional Use Permit.
4. Restaurants are permitted to serve beer and wine as a matter of
right but are subject to obtaining a Conditional Use Permit to offer, sell, or serve
distilled spirits, unless otherwise regulated by a current Specific Plan.
5. For establishments with on -sale alcohol beverage sales that are not
bona fide eating establishments (i.e. comedy club, nightclub, dance club), the
'bar area may ONLY be an incidental use subject to the approval of a
Conditional Use Permit.
6. Businesses selling alcoholic beverages that require a Conditional
Use Permit shall not be located within six hundred feet of any religious or
educational institution, day care center or public park. This distance shall be
measured between the main entrance of the alcohol selling business and the
closest public entrance to the religious or educational institution, day care center
or public park. This requirement shall not apply when the alcohol - selling business
and the religious or educational institution are both located within commercial or
industrial zones. This separation requirement shall also not apply to restaurants
(bona fide eating establishments).
7. Convenience Markets and Beer/Wine Markets.
a. Only beer and wine may be sold, and only for off -site
consumption. This is the equivalent to an ABC Type 20 license type.
Distilled spirits and pre -mixed spirit cocktails are prohibited from being
sold, gifted or consumed on -site.
b. No displays of beer or wine shall be located within ten (10)
linear feet from any building entrance or check -out counter. This
prohibition shall not apply if the display is not physically accessible to
customers.
c. A security plan, including but not limited to: product location,
cameras and similar monitoring system, aisle configuration, point of sales
location(s), exterior and parking lighting, measures to prevent and
discourage loitering and other reasonable factors shall be submitted to
the chief of police and be approved or conditionally approved prior to
public display or sales of beer or wine.
d. The failure to comply with any of these conditions may result
in the revocation of the Conditional Use Permit pursuant to Section
17.04.010 of this title.
8. Legal Non- conforming Liquor Stores. Existing liquor stores are,
upon the effective date of this Ordinance, deemed legal non - conforming uses.
9. Finding of Public Convenience or Necessity.
a. Whether or not the proposed use is consistent with the
General Plan and Development Code;
b. Whether or not the proposed use is compatible with the
nature, condition and character of adjacent land uses;
c. Whether or not the proposed use would have an adverse
effect on adjacent land uses;
d. Whether or not the proposed use would result in an
excessive number of similar establishments in close proximity.
10. Gas Stations - Concurrent Sale of Motor Vehicle Fuel and Alcoholic
Beverages.
a. 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 from the
same structure 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 pursuant to the provisions of Section 17.04.010 of
the Temecula Municipal Code. The decision and findings must 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.
b. 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 products at a facility that
also offers motor vehicle fuel:
No beer or wine shall be displayed within five feet of
the cash register or building entrance.
ii. 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 or similar device or unit.
iv. No beer or wine advertising shall be located on motor
fuel islands.
v. No beer or wine advertising shall be located on the
building, windows, doors, or on freestanding signage.
vi. No self - illuminated advertising for beer or wine shall
be located on buildings or freestanding signage.
vii. Only employees on duty between the hours of ten
p.m. and two a.m. who are at least twenty -one years of age may
sell alcoholic beverages.
viii. Distilled spirits and pre -mixed spirit cocktails are
prohibited.
Section 7. Section 17.10.020.Q of the Municipal Code is deleted in its'
entirety.
Section 8. Section 17.34.101 of the Municipal Code is hereby amended to add
the following definition:
"Beer/Wine Market" means a retail market that specializes in the sale of beer and
wine for off -sale consumption as regulated by the State of California Alcohol
Beverage Control Type 20 license. The sale of beer and wine products is the
predominant product sold in such facility and the sale of other goods and
services is not required. There are no size criteria or limitations on such facilities.
Section 9. Section 17.34.101 of the Municipal Code is hereby amended to add
the following definition:
"Bona fide Eating Establishment" means an establishment that is used for the
regular service of meals to patrons. The establishment shall have suitable
kitchen facilities and provide an assortment of foods commonly ordered at
various hours of the day.
Section 10. Section 17.34.101 of the Municipal Code is hereby amended to
revise the following definition:
"Convenience market" means a retail food market providing goods and other
services on an extended -hour basis. The sale of beer and wine is allowed with
an approved Conditional Use Permit. Such stores are located in smaller
commercial centers or along major roadways with easy accessibility.
Section 11. Section 17.34.101 of the Municipal Code is hereby amended to
revise the following definition:
"Specialty market" means a retail market that specializes in a specific type or
class of food, drink, and related products. Specialty markets generally range in
size from 10,000 to 40,000 square feet.
Section 12. Section 17.34.101 of the Municipal Code is hereby amended to
revise the following definition:
"Liquor store" means a retail sales facility offering for sale an assortment of
distilled, fermented, brewed or similarly prepared beverages that contain
amounts of alcohol sufficient to cause the sale of the beverage to be regulated by
the state of California and (i) where the sale of such beverages is the
predominant product sold in such facility, whether such finding is determined by
total annual retail sales or square footage of the facility dedicated to the storage
and /or display of such merchandise; and (11) the retail sales facility is not the
direct, corporately owned marketing and /or sales facility of the producer of the
alcoholic beverage and where the alcoholic beverage is primarily intended to be
consumed off -site from the place of sale. Liquor stores commonly range in size
from two thousand to five thousand square feet. A convenience market selling
distilled spirits that meets criteria (i) and (11) above shall also be considered as a
liquor store for the purposes of this title. Liquor stores are prohibited as of the
effective date of this Ordinance.
Section 13. If any section or provision of this Ordinance 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 14. 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 15. Upon the effective date of this Ordinance, the moratorium imposed
by Ordinance Nos. 11 -02 and 11 -04 shall terminate.
Section 16. This Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2012.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
Chuck Washington, Mayor
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 12- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
City of Temecula
Community Development
Planning Division Notice of Proposed Negative Declaration
PROJECT: LR11 -0007, Alcohol related Development Code Amendment
APPLICANT: City of Temecula
LOCATION: Citywide, City of Temecula, County of Riverside
DESCRIPTION: The proposed Ordinance prohibits liquor stores, nightclubs, bars and taverns;
allows the sale of distilled spirits for off -sale consumption to only grocery stores,
specialty markets, drug stores and discount/department stores; increases the
separation between Alcohol CUP Businesses from 500 feet to 600 feet
consistent with the State of California Business and Professions Code; provides
an exception to this separation requirement for restaurants; restricts the sale of
alcohol for on -site consumption when associated with live entertainment to
bona fide restaurant establishments; and other minor clarification items related
to alcohol sales.
The City of Temecula intends to adopt a Negative Declaration for the project described above. Based
upon the information contained in the attached Initial Environmental Study and pursuant to the
requirements of the California Environmental Quality Act (CEQA); it has been determined that this
project as proposed will not have a significant impact upon the environment. As a result, the City
Council intends to adopt a Negative Declaration for this project.
The comment period for this proposed Negative Declaration is October 12, 2011 to November 1,
2011. Written comments and responses to this notice should be addressed to the contact person
listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589 -9033.
City Hall is located at 41000 Main Street.
The public notice of the intent to adopt this Negative Declaration is provided through:
The Local Newspaper ['Posting the Site ❑Notice to Adjacent Property Owners
If you need additional information or have any questions concerning this project, please contact
Cheryl Kitzerow, Associate Planner at (951) 694 -6409.
Prepared by:
(Title)
G: \PLANNING \2011 \LR11 - 0007 Alcohol Urgency Ordinance \CEQA \Proposed Negative
Declaration.doc
City of Temecula
P.O. Box 9033, Temecula, CA 92589 -9033
Environmental Checklist
Project Title
Alcohol Beverage Sales Related Development Code Amendment
(LR11 -0007)
City of Temecula
P.O. Box 9033, Temecula, CA 92589 -9033
Lead Agency Name and Address
Contact Person and Phone Number
Cheryl Kitzerow, Associate Planner
(951) 694 -6409
Citywide
City of Temecula, 41000 Main Street
N/A
Project Location
Project Sponsor's Name and Address
General Plan Designation
Zoning
N/A
Description of Project
The proposed project is a Development Code Amendment (Title 17
of Municipal Code) to modify the regulations for businesses selling
alcoholic beverages. No specific businesses or development would
be approved as part of this project. Generally, the Amendment
includes the following changes:
The proposed Ordinance prohibits liquor stores, nightclubs, bars and
taverns; allows the sale of distilled spirits for off -sale consumption to
only grocery stores, specialty markets, drug stores and
discount/department stores; increases the separation between
Alcohol CUP Businesses from 500 feet to 600 feet consistent with
the State of California Business and Professions Code; provides an
exception to this separation requirement for restaurants; restricts the
sale of alcohol for on -site consumption when associated with live
entertainment to bona fide restaurant establishments; and other
minor clarification items related to alcohol sales. More specifically,
the ordinance revisions would:
Update Use Matrix Section 17.08.030 as follows:
• Liquor Stores, Nightclubs, Bars, Taverns, and Dance Clubs
will be prohibited in all zones.
• Live entertainment, nightclubs and bars will be permitted with
a CUP only as part of a bona fide eating establishment
(restaurants)
• Clarify Alcohol Beverage Sales Use Category to reference
Supplemental Development Standards of the Code
• Add Use Category for Beer/Wine Markets
• Create separate Use Category for Teen Club (no changes to
provisions)
• Clarify those uses subject to Supplemental Development
Standards for Alcohol Sales with footnote 1
Revise Supplemental Development Standards Section 17.10.020.B
as follows:
• Clarify applicability of the supplemental standards when the
use is regulated by another regulating document (i.e. Specific
1
2
Plan)
• Clarify language regarding exception for grocery, drug,
discount department stores
• Add language to clarify that restaurants with beer /wine
license don't require CUP but sale of distilled spirits requires
a CUP
• Add special standards for convenience markets and
beer /wine markets to prohibit sales of distilled spirits
• Clarify existing special standards for Liquor Stores will apply
to existing liquor stores to become Legal Non - Conforming
uses
• Relocate regulations for concurrent sale of motor vehicle fuel
and alcohol sales to Alcohol Beverage Sales section
Revise Definitions Section 17.34.101 as follows:
• Clarify Liquor Store — all existing to become legal non-
conforming upon effective date of Ordinance
• Add Beer/Wine Market
• Add Bona Fide Eating Establishment/Restaurant
• Revise Convenience Market
• Revise Specialty Market to include specialty drinks
Surrounding Land Uses and Setting
N/A
Other public agencies whose approval
is re•uired
None
2
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Mineral Resources
Agriculture and Forestry Resources
Noise
Air Quality
Population and Housing
Public Services
Biological Resources
Greenhouse Gas Emissions
Recreation
Cultural Resources
Transportation and Traffic
Utilities and Service Systems
Mandatory Findings of Significance
None
Geology and Soils
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
X
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
X
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially
unless mitigated" impact on the environment, but
an earlier document pursuant to applicable legal
measures based on the earlier analysis as described
IMPACT REPORT is required, but it must analyze
find that although the proposed project could have
potentially significant effects (a) have been analyzed
DECLARATION pursuant to applicable standards,
that earlier EIR or NEGATIVE DECLARATION,
imposed upon the proposed project, nothing further
significant impact" or "potentially significant
at least one effect 1) has been adequately analyzed in
standards, and 2) has been addressed by mitigation
on attached sheets. An ENVIRONMENTAL
only the effects that remain to be addressed.
a significant effect on the environment, because all
adequately in an earlier EIR or NEGATIVE
and (b) have been avoided or mitigated pursuant to
including revisions or mitigation measures that are
is required.
Cheryl Kitzerow, Associate Planner
Printed Name
3
\o 1 ► H
Date
City of Temecula. Planning Department
For
1. AESTHETICS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
a
Have a substantial adverse effect on a scenic vista?
b
Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
X
c
Substantially degrade the existing visual character or quality
of the site and its surroundings?
X
d
Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
X
Comments:
1.a -d. No Impact: The proposed ordinance will not result in a substantially adverse effect on scenic vistas,
including views along a scenic highway or scenic corridor. A scenic vista is defined as a public view of highly
valued visual and scenic resources, such as distant mountain ranges. The City of Temecula contains several
scenic vistas, including the western escarpment and southern ridgelines, the Santa Margarita River, and
various hillside slopes. The proposed Development Code Amendment will not substantially degrade the
existing visual character or quality of the City. The proposed Development Code Amendment will not create
new sources of light or glare that could adversely affect day or nighttime views in the area. The proposed
project would augment the current standards for certain businesses selling alcoholic beverages and provide
specific criteria for such businesses. Changes to these provisions would not result in new development, the
construction of new buildings, or any other changes to the physical environment not currently allowed by the
General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage
sales will be subject to environmental review as part of the entitlement process. As a result, the proposed
amendment has no potential to impact community aesthetics or scenic views.
4
2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California
Dept. of Conservation as an optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information compiled by the
California Department of Forestry and Fire Protection regarding the state's inventory of forest
land, including the Forest and Range Assessment Project and the Forest Legacy Assessment
Project; and forest carbon measurement methodology provided in Forest Protocols adopted
by the California Air Resources Board. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incor.oraLed
Less Than
Significant
Impact
No
Impact
a
Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to
non - agricultural use?
Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
X
X
b
c
Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section
12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g)?
Result in the loss of forest land or conversion of forest land
to non - forest use
X
X
d
e
Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non - agricultural use or conversion of forest
land to non - forest use?
X
Comments:
2.a -e. No Impact: The proposed Development Code Amendment will not convert Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural.
According to Figure 5.2 -1 (Agricultural Resources) of the Temecula General Ran Update Final Environmental
Impact Report (March 2005), the majority of the Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance is located to the east of the City in Wine Country and to the north, within French Valley. Williamson
Act contracts are located throughout the City of Temecula Planning Area and much of the land east of the City
used as vineyards or as citrus and avocado groves. Forest land is defined as land that can support 10 percent
native tree cover of any species, including hardwoods, under natural conditions, and that allows for
management of one or more forest resources including timber, aesthetics, fish and wildlife, biodiversity, water
quality, recreation and other public benefits. The project is a proposed amendment to the Zoning Code and
will not affect a Williamson Act property or a Timberland Production Zone as defined by Section 51104(g) of
the Government Code. The proposed Ordinance will not result in development in these areas. The proposed
project would augment the current standards for certain businesses selling alcoholic beverages. Changes to
these provisions would not result in new development, the construction of new buildings, or any other changes
to the physical environment not currently allowed by the General Plan and Development Code. Specific
requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as
5
part of the entitlement process. As a result, the proposed amendment has no potential to impact agricultural
resources.
6
3. AIR QUALITY. Where available, the significance criteria established by the applicable air
quality management or air pollution control district may be relied upon to make the
following determinations. Would the project:
Issues ana Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
a
Conflict with or obstruct implementation of the applicable
air quality plan?
b
Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non -
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
Expose sensitive receptors to substantial pollutant
concentrations?
X
X
X
c
d
e
Create objectionable odors affecting a substantial number
of people?
X
Comments:
3.a -d. No impact: The proposed project would augment the current standards for certain businesses selling
alcoholic beverages. Changes to these provisions would not result in new development, the construction of
new buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process and all future development will be required to
comply with Air Quality standards and thresholds. As a result, the proposed amendment has no potential to
impact air quality.
4. BIOLOGICAL RESOURCES. Would the project?
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
X
b
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
X
c
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
X
d
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
X
e
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
X
f
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
X
Comments:
4.a -c. No Impact: The City of Temecula contains several areas with riparian habitat and /or other sensitive
natural communities. Riparian /Riverine areas are lands that contain habitat dominated by trees, shrubs,
persistent emergent vegetation, or emergent mosses and lichens, which occur close to, or which depend upon,
soil moisture from a nearby fresh water source; or areas with fresh water flow during all or a portion of the year.
To be considered a wetland, a site must contain hydric soils, wetland hydrology, and hydrophytic vegetation.
Hydric soils are defined by the national Technical Committee as soils that formed under conditions of
saturation, flooding, or ponding long enough during the grow season to develop anaerobic conditions in the
upper part of the soil. Wetland hydrology is present when, under normal circumstances, the land surface is
either inundated or the upper portion of the soil is saturated at a sufficient frequency and duration to create
anaerobic conditions. These conditions are also required in order for hydrophytic vegetation to be present.
Implementation of the proposed ordinance will not have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological interruption, or other means. The proposed project
would augment the current standards for certain businesses selling alcoholic beverages and provide specific
criteria for such businesses. Changes to these provisions would not result in new development, the
construction of new buildings, or any other changes to the physical environment not currently allowed by the
General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage
8
sales will be subject to environmental review as part of the entitlement process. As a result, the proposed
amendment has no potential to impact biological resources.
4.d -f. No Impact: The MSHCP is a comprehensive, multi - jurisdictional plan which focuses on the
conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall
goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area
encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The
City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of
trees within the City. The City of Temecula General Plan outlines a number of policies which emphasize the
interrelationship between the built and natural environment. The General Plan recognizes the importance of
conserving important biological habitat and protecting plant and animal species of concern.
The proposed project would augment the current standards for certain businesses selling alcoholic beverages
and provide specific criteria for such businesses. Changes to these provisions would not result in new
development, the construction of new buildings, or any other changes to the physical environment not currently
allowed by the General Plan and Development Code. Specific requests to construct new buildings or for
alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result,
the proposed amendment has no potential to impact biological resources.
9
5. CULTURAL RESOURCES. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
a
Cause a substantial adverse change in the significance of
a historical resource as defined in Section 15064.5?
b
Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 15064.5?
X
c
Directly or indirectly destroy a unique paleontological
resource or site or uni•ue •eologic feature?
X
d
Disturb any human remains, including those interred
outside of formal cemeteries?
X
Comments:
5.a. -d. No Impact: "Historic Resources" as defined by CEQA Section 15064.5 are prehistoric and historic
resources that are assessed as being "significant" insofar as their evidentiary contents can be demonstrated
relevant to the established local, regional or national research domains, issues and questions. There are
areas that contain known archaeological resources or that contain features, (drainage course, rock
outcroppings, or oak trees), which indicate potential archaeological sensitivity within the City of Temecula. The
proposed project would augment the current standards for certain businesses selling alcoholic beverages and
provide specific criteria for such businesses. Changes to these provisions would not result in new
development, the construction of new buildings, or any other changes to the physical environment not currently
allowed by the General Plan and Development Code. Specific requests to construct new buildings or for
alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result,
the proposed amendment has no potential to impact cultural resources.
10
6. GEOLOGY AND SOILS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Thar
Significant
Impact
No
Impact
a
Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
i
Rupture of a known earthquake fault, as delineated on the
most recent Alquist - Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
Strong seismic ground shaking?
X
X
ii
iii
Seismic - related ground failure, including liquefaction?
Landslides?
X
X
iv
b
Result in substantial soil erosion or the loss of topsoil?
Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
Be located on expansive soil, as defined in Table 18 -1 -B of
the Uniform Building Code (1994), creating substantial risks
to life or property?
X
X
X
X
c
d
e
Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
Comments:
6.a -e. No Impact: The proposed ordinance is not expected to result in significant impacts from exposing
people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving
rupture of a known active fault zone, seismic hazard zone or Alquist - Priolo Earthquake Fault Zone. The
underlying surficial geology in Temecula is predominantly composed of well- drained fine sandy loams, sandy
loams and gravelly silt loams. Soils characterized by low permeability or high run -off are susceptible to erosion
(2005 City of Temecula General Plan, PS -10). Although the City of Temecula lies within a general region of
known fault zones and seismic activity, the project is a Development Code Amendment for regulations on
alcohol beverage sales and does not involve construction. Subsidence occurs when earth material shrinks due
to natural or artificial removal of underlying support. This process occurs in poor, unconsolidated soils and
poorly compacted fill areas. The potential for liquefaction in an area is a function of the soil type and depth of
groundwater. Poorly consolidated soils combined with groundwater during an earthquake can result in lateral
spreading, subsidence, liquefaction or collapse. The potential for subsidence and liquefaction exists along
Santa Gertrudis and Temecula Creek (2005 Temecula General Plan, PS- 9 -10). The proposed Ordinance
creates a discretionary procedure that will not directly result in the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for the disposal of wastewater.
The proposed project would augment the current standards for certain businesses selling alcoholic beverages
and provide specific criteria for such businesses. Changes to these provisions would not result in new
development, the construction of new buildings, or any other changes to the physical environment not currently
allowed by the General Plan and Development Code. Specific requests to construct new buildings or for
alcohol beverage sales will be subject to environmental review as part of the entitlement process. Future
requests for alcohol sales related businesses may subject to the California Building Code (CBC) and may
require appropriate approvals from the City's Public Works Department, including preparing a geotechnical
11
report if new construction is located in a fault zone. As a result, the proposed amendment has no potential to
impact community aesthetics or scenic views.
12
7. GREENHOUSE GAS EMISSIONS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
X
b
Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse
gases?
X
Comments:
7.a -b. No Impact At this time there are no adopted statewide guidelines for greenhouse gas emission
(GHG) impacts, but this is being addressed through the provisions of Senate Bill 97 (SB 97). The City of
Temecula does not have any plans, policies or regulations adopted for the purpose of reducing the emissions
of GHGs. The proposed project would augment the current standards for certain businesses selling alcoholic
beverages and provide specific criteria for such businesses. Changes to these provisions would not result in
new development, the construction of new buildings, or any other changes to the physical environment not
currently allowed by the General Plan and Development Code. Specific requests to construct new buildings or
for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a
result, the proposed amendment has no potential to generate greenhouse gas emissions, either directly or
indirectly, or conflict with AB 32 State goals for reducing GHG emissions.
13
8. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Create a significant hazard to the public or the environment
through the routine transportation, use, or disposal of
hazardous materials?
X
b
Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into
the environment?
X
c
Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or acutely hazardous
materials, substances, or waste within one - quarter mile of
an existing or proposed school?
X
d
Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
X
e
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the
project area?
X
f
For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or
working in the project area?
X
g
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
X
h
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
X
Comments:
8.a -g. No Impact: The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings
or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a
result, the proposed amendment will not result in development that would create a significant hazard to the
public or the environment through the routine transportation, use, or disposal of hazardous materials. The
proposed Ordinance will not result in reasonably foreseeable accident conditions and will not involve the
release of hazardous materials into the environment. The Ordinance will not involve hazardous emissions or
handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or
waste. Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for
any development project to consult specified State - prepared lists of hazardous waste sites and submit a
signed statement to the local agency indicating whether the project is located on or near an identified site.
Under the statute, no application shall be accepted without this signed statement. The City of Temecula has
nine identified hazardous sites and two identified public well sites. The General Plan discourages new
14
development from being located on a site that is included on the list of hazardous materials sites compiled
pursuant to Section 65962.5. French Valley Airport is a general aviation airport owned and operated by the
County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located
five miles north of Temecula's city center and one and one - quarter mile northwest of the City limits within the
sphere of influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted
the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula
General Plan, LU -5). The ALUCP establishes procedural requirements for compatibility between airports and
the land uses that surround them.
8.h. No Impact: Temecula is subject to both natural and urban fires. Areas posing a significant risk to the
City are subject to the California Public Resources Code, Sections 4291 -4299, which require property owners
to conduct periodic maintenance to reduce the fire danger. The Riverside County Fire Department (RCFD)
provides fire protection and prevention services to reduce the potential for dangerous fires. The RCFD
conducts fire hazard education and protection programs, and enforces the current Uniform Fire Code used to
prevent structural fire (2005 City of Temecula General Plan, PS13 -14). The proposed project would augment
the current standards for certain businesses selling alcoholic beverages and provide specific criteria for such
businesses. Changes to these provisions would not result in new development, the construction of new
buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process. As a result, the proposed amendment has no
potential to expose people or structures to a significant risk or loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized areas or where residents intermixed with wildlands.
15
9. HYDROLOGY AND WATER QUALITY. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade water
quality?
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre- existing nearby wells would drop to a level which would
not support existing land uses or planned uses for which
permits have been granted)?
X
X
b
c
Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off -site?
X
d
Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on- or off -site?
X
e
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of polluted
runoff?
X
f
Require the preparation of a project- specific WQMP?
Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
X
X
X
g
h
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
X
j
Inundation by seiche, tsunami, or mudflow?
X
Comments:
9.a. No Impact: Surface water sources are subject to pollutants and sediment carried in run -off. To
address the problem of urban run -off, the Clean Water Act was amended in 1987. The proposed project would
augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria
for such businesses. Changes to these provisions would not result in new development, the construction of
new buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process. As a result, the proposed ordinance will not likely
violate water quality standards or waste discharge requirements or otherwise substantially degrade water
quality.
9.b. No Impact: The local ground water basin is the Murrieta - Temecula Basin. This aquifer is recharged
by underflow, surface flow from creeks in the area, and by direct precipitation in the valley. The Rancho
16
California Water District (RCWD) that utilizes both groundwater and imported water supplies to ensure
adequate water is available for consumers. Imported water is utilized to ensure that significant overdraft of
local ground water supplies does not occur. The proposed project would augment the current standards for
certain businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to
these provisions would not result in new development, the construction of new buildings, or any other changes
to the physical environment not currently allowed by the General Plan and Development Code. Specific
requests to construct new buildings or for alcohol beverage sales will be subject to environmental review as
part of the entitlement process. As a result, the proposed amendment has no potential to impact groundwater.
9.c -e. No Impact: Temecula requires the use of Best Management Practices (BMPs) to reduce run -off from
construction and current and uses, consistent with NPDES permit requirements. The proposed project would
augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria
for such businesses. Changes to these provisions would not result in new development, the construction of
new buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process. As a result, the proposed amendment has no
potential to substantially alter the existing drainage pattern of a site or area, including through the alteration of
the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or off -site.
9.f. No Impact: The proposed ordinance will not violate water quality standards or waste discharge
requirements or otherwise substantially degrade water quality. The proposed project would augment the
current standards for certain businesses selling alcoholic beverages and provide specific criteria for such
businesses. Changes to these provisions would not result in new development, the construction of new
buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process. As a result, the proposed amendment has no
potential to impact water quality.
9.g -h. No Impact: The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new
buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement
process. As a result, the proposed amendment has no potential to place housing within a 100 -year flood
hazard area. .
9.i j. No Impact: Flood hazards in Temecula are divided into three categories: natural flooding, dam failure,
and mud debris flows. Temecula contains several FEMA Special Flood Hazard Areas (SFHAs). These areas
have the potential to become flooded when major rainstorms, earthquake, erosion, or improper siting or design
cause streams to overflows, dams to fail, or mud and debris to flow from hillsides. The City participates in the
National Flood Insurance Program (NFIP), which makes flood insurance available to property owners affected
within the 100 -year floodplain. The proposed project would augment the current standards for certain
businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these
provisions would not result in new development, the construction of new buildings, or any other changes to the
physical environment not currently allowed by the General Plan and Development Code. Specific requests to
construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the
entitlement process. As a result, the proposed amendment has no potential to directly or substantially expose
people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result
of the failure of a levee or dam or inundation by seiche, tsunami, or mudflow.
17
10. LAND USE AND PLANNING. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Physically divide an established community?
X
b
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
X
c
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
X
Comments:
10.a. No Impact: The proposed ordinance will not result in the physical division of an established
community. The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings
or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a
result, the proposed amendment has no potential to physically divide an established community.
10.b. No Impact: The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new
buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement
process. As a result, the proposed amendment does not facilitate new development that would alter the nature
of the land use and zoning code. The Ordinance does not conflict with any land use plan, policy or agency
regulation adopted to avoid or mitigate environmental effects.
10.c. No Impact: The MSHCP is a comprehensive, multi - jurisdictional plan that focuses on the conservation
of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to
maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses
approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of
Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees
within the City. The City of Temecula General Plan outlines a number of policies that emphasize the
interrelationship between the built and natural environment. The General Plan recognizes the importance of
conserving important biological habitat and protecting plant and animal species of concern. As a result, the
General Plan requires that all significant biological resources be identified on a property when requesting any
site modifications.
The proposed project would augment the current standards for certain businesses selling alcoholic beverages
and provide specific criteria for such businesses. Changes to these provisions would not result in new
development, the construction of new buildings, or any other changes to the physical environment not currently
allowed by the General Plan and Development Code. Specific requests to construct new buildings or for
alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result,
the proposed amendment has no potential to impact biological resources.
18
11. MINERAL RESOURCES. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
X
b
Result in the loss of availability of a locally- important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
X
Comments:
11.a -b. No Impact: According to the General Plan EIR, the City is within Mineral Resource Zone 3a (MRZ -3)
as classified by the State Geologist. The MRZ -3 areas contain sedimentary deposits that have the potential to
supply sand and gravel for concrete and crushed stone for aggregate. However, these areas are not
considered to contain deposits of significant economic value, based on available data.
The proposed ordinance would not result in the Toss of availability of a known mineral resource that would be of
value to the region and the residents of the state because the classified Mineral Resource Zone within the City
of Temecula is not considered to contain deposits of significant economic value. The proposed project would
augment the current standards for certain businesses selling alcoholic beverages and provide specific criteria
for such businesses. Changes to these provisions would not result in new development, the construction of
new buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process. As a result, the proposed amendment has no
potential to impact mineral resources.
19
12. NOISE. Would the project result in:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
X
X
b
c
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
X
d
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
X
X
e
f
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
project area to excessive noise levels?
X
Comments:
12.a -d. No Impact: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions
would not result in new development, the construction of new buildings, or any other changes to the physical
environment not currently allowed by the General Plan and Development Code. Specific requests to construct
new buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement
process. As a result, the proposed amendment is not expected to result in more intense development that
would expose persons to noise levels in excess of standards established in the local general plan, or generate
excessive groundborne vibration or groundborne noise levels, or create a substantial permanent or temporary
increase in ambient noise levels within the project vicinity above levels existing without the project.
12.e -f. No Impact: French Valley Airport is a general aviation airport owned and operated by the County of
Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles
north of Temecula's city center and one and one - quarter mile northwest of the City limits within the sphere of
influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted the
Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula
General Plan, LU -5). The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new
buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement
process. As a result, the proposed amendment has no potential to expose people residing or working within
two miles of a public airport or public use airport to excessive noise levels beyond what already exists.
20
13. POPULATION AND HOUSING. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
X
a
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
b
c
Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
X
Comments:
13.a -c. No Impact: The proposed ordinance would not be expected to induce direct or indirect population
growth. The Ordinance does not propose any new development, nor extend roads or infrastructure. The
proposed ordinance would not be expected to displace substantial numbers of existing housing units or a
substantial number of people. The proposed project would augment the current standards for certain
businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these
provisions would not result in new development, the construction of new buildings, or any other changes to the
physical environment not currently allowed by the General Plan and Development Code. Specific requests to
construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the
entitlement process. As a result, the proposed amendment has no potential to impact housing or population.
21
14. PUBLIC SERVICES.
Issues and Supporting Informat':on Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Imoact
a
Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection?
X
Police protection?
X
Schools?
X
Parks?
X
Other public facilities?
X
Comments:
14.a. No Impact:
Fire Protection
The Riverside County Fire Department provides fire protection and safety services to the City. The
proposed ordinance would not create staffing or response time problems that would result in a
substantial need for new or physically altered fire facilities. The General Plan encourages adequate
facilities and emergency response. The proposed project would augment the current standards for
certain businesses selling alcoholic beverages and provide specific criteria for such businesses.
Changes to these provisions would not result in new development, the construction of new buildings, or
any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be
subject to environmental review as part of the entitlement process. As a result, the proposed
amendment has no potential to impact fire protection.
Police Protection
Law enforcement services are provided to the City through a contractual agreement with the Riverside
County Sheriffs Department. The proposed ordinance would not create staffing or response time
problems that would result in a substantial need for new or physically altered police facilities. The
General Plan encourages adequate facilities and emergency response. The proposed project would
augment the current standards for certain businesses selling alcoholic beverages and provide specific
criteria for such businesses. Changes to these provisions would not result in new development, the
construction of new buildings, or any other changes to the physical environment not currently allowed
by the General Plan and Development Code. Specific requests to construct new buildings or for
alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a
result, the proposed amendment has no potential to impact police protection.
Schools
Public education facilities are provided by the Temecula Valley Unified School District (TVUSD). any
demand on the existing school District. The proposed project would augment the current standards for
certain businesses selling alcoholic beverages and provide specific criteria for such businesses.
Changes to these provisions would not result in new development, the construction of new buildings, or
22
any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be
subject to environmental review as part of the entitlement process. As a result, the proposed
amendment has no potential to put an additional demand on school facilities or create capacity
problems at individual schools.
Parks
The proposed project would augment the current standards for certain businesses selling alcoholic
beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical
environment not currently allowed by the General Plan and Development Code. Specific requests to
construct new buildings or for alcohol beverage sales will be subject to environmental review as part of
the entitlement process. As a result, the proposed amendment has no potential to increase population
or place an associated burden on parks in the area.
Other public facilities
The City of Temecula's Quimby requirements and Development Impact Fees (DIF) are designed to
offset the potential impacts to fire, police, park and recreation and public facility maintenance, including
roads. The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions
would not result in new development, the construction of new buildings, or any other changes to the
physical environment not currently allowed by the General Plan and Development Code. Specific
requests to construct new buildings or for alcohol beverage sales will be subject to environmental
review as part of the entitlement process. As a result, the proposed amendment has no potential to
increase population or place an associated burden on governmental facilities, including libraries.
23
15. RECREATION.
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Would the project increase the use of existing neighborhood
and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur
or be accelerated?
X
b
Does the project include recreational facilities or require the
construction or expansion of recreational facilities which
might have an adverse physical effect on the environment?
X
Comments:
15.a -b. No Impact: The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new
buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement
process. As a result, the proposed amendment has no potential to increase population or increase the use of
existing neighborhood and regional parks or other recreational facilities, such that substantial physical
deterioration of the facility would occur or be accelerated, nor require the construction or expansion of
recreational facilities that adversely affect the environment.
24
16. TRANSPORTATION /TRAFFIC. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance
of the circulation system, taking into account all modes of
transportation including mass transit and non - motorized
travel and relevant components of the circulation system,
including but not limited to intersections, streets, highways
and freeways, pedestrian and bicycle paths and mass
transit?
X
b
Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other standards
established by the county congestion management agency
for designated roads or highways?
X
c
Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results
in substantial safety risks?
X
d
Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
X
e
Result in inadequate emergency access?
X
f
Conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
X
Comments:
16.a. No Impact: The proposed Ordinance does not conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance of the circulation system. The proposed project
would augment the current standards for certain businesses selling alcoholic beverages and provide specific
criteria for such businesses. Changes to these provisions would not result in new development, the
construction of new buildings, or any other changes to the physical environment not currently allowed by the
General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage
sales will be subject to environmental review as part of the entitlement process. As a result, the proposed
amendment has no potential to affect transportation or traffic.
16.b. No Impact: The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new
buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement
process. As a result, the proposed amendment has no potential to increase vehicle trips.
16.c. No Impact: The proposed Ordinance will not result in a change in air traffic patterns, an increase in
traffic levels, or a change in the location of facilities that result in substantial safety risks. The proposed project
would augment the current standards for certain businesses selling alcoholic beverages and provide specific
criteria for such businesses. Changes to these provisions would not result in new development, the
construction of new buildings, or any other changes to the physical environment not currently allowed by the
General Plan and Development Code. Specific requests to construct new buildings or for alcohol beverage
25
sales will be subject to environmental review as part of the entitlement process. As a result, the proposed
amendment has no potential to impact air traffic patterns.
16.d -e. No Impact: The proposed Ordinance will not substantially increase hazards due to design features or
incompatible uses, or result in inadequate emergency access. The proposed project would augment the
current standards for certain businesses selling alcoholic beverages and provide specific criteria for such
businesses. Changes to these provisions would not result in new development, the construction of new
buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process. As a result, the proposed amendment has no
potential to result in hazardous design features, incompatible uses or inadequate emergency access.
16.f. No Impact: The proposed Ordinance will not result in development that would conflict with adopted
policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the
performance or safety of such facilities. The proposed project would augment the current standards for certain
businesses selling alcoholic beverages and provide specific criteria for such businesses. Changes to these
provisions would not result in new development, the construction of new buildings, or any other changes to the
physical environment not currently allowed by the General Plan and Development Code. Specific requests to
construct new buildings or for alcohol beverage sales will be subject to environmental review as part of the
entitlement process. As a result, the proposed amendment has no potential to impact alternative modes of
transportation.
26
17. UTILITIES AND SERVICE SYSTEMS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
a
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
X
c
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
X
d
Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed?
X
e
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
X
f
Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
X
g
Comply with federal, state, and local statutes and
regulations related to solid waste?
X
Comments:
17.a.b.c.e. No Impact: The proposed Ordinance will not result in development that would create urban
pollutants, including oils and other substances. The proposed Ordinance will not increase population or place
an associated burden on wastewater service system capacity. The proposed project would augment the
current standards for certain businesses selling alcoholic beverages and provide specific criteria for such
businesses. Changes to these provisions would not result in new development, the construction of new
buildings, or any other changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings or for alcohol beverage sales will be subject
to environmental review as part of the entitlement process. As a result, the proposed amendment has no
potential to impact wastewater or stormwater systems.
17.d. No Impact: Rancho California Water District (RCWD) supplies water service to the area. The
proposed Ordinance does not propose any specific development and will not create an additional demand for
water supply. The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new
buildings or for alcohol beverage sales will be subject to environmental review as part of the entitlement
process. As a result, the proposed amendment has no potential to impact water supply.
17.f -g. No Impact: The proposed Ordinance will not generate demand for solid waste services and does not
have the potential to contribute to potentially significant cumulative demand impacts on the solid waste system.
The proposed project would augment the current standards for certain businesses selling alcoholic beverages
and provide specific criteria for such businesses. Changes to these provisions would not result in new
development, the construction of new buildings, or any other changes to the physical environment not currently
27
allowed by the General Plan and Development Code. Specific requests to construct new buildings or for
alcohol beverage sales will be subject to environmental review as part of the entitlement process. As a result,
the proposed amendment has no potential to impact solid waste.
28
18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
a
Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or •rehistor ?
b
Does the project have impacts that are individually limited,
but cumulatively considerable ( "Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the effects of
past projects, the effects of other current projects, and the
effects of •robable future •ro ?
X
c
Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
direct) or indirectly?
X
Comments:
18.a -c. No Impact: The proposed project would augment the current standards for certain businesses selling
alcoholic beverages and provide specific criteria for such businesses. Changes to these provisions would not
result in new development, the construction of new buildings, or any other changes to the physical environment
not currently allowed by the General Plan and Development Code. Specific requests to construct new buildings
or for alcohol beverage sales will be subject to environmental review as part of the entitlement process. The
project is not expected to degrade the quality of the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of California history or prehistory.
29
19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program
EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier
EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify
the following on attached sheets.
a
Earlier analyses used. Identify earlier analyses and state where they are available for review,
b
Impacts adequately addressed. Identify which affects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c
Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe
the mitigation measures which were incorporated or refined from the earlier document and the extent to
which they address site - specific conditions for the project.
19.a -c. The impacts associated with the implementation of the City of Temecula General Plan were previously
identified and discussed in a Final Environmental Impact Report certified in 1993, and again in a Final
Environmental Impact Report for the comprehensive update of the General Plan, which was certified in 2005.
The Environmental Impact Report for the City of Temecula General Plan also identified specific general plan
level mitigation measures and adopted a statement of overriding consideration for agricultural resources, air
quality, biologic resources, education, library, noise, transportation and circulation.
SOURCES
1. City of Temecula General Plan
2. City of Temecula General Plan Final Environmental Impact Report (1993)
3. City of Temecula General Plan Final Environmental Impact Report (2005)
4. South Coast Air Quality Management District CEQA Air Quality Handbook
5. Multiple Species Habitat Conservation Plan (2003)
30
Case No:
Applicant:
Proposal:
Environmental:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
LR11 -0007
City of Temecula
A Development Code Amendment (Title 17 of Municipal Code) to modify the
regulations for businesses selling alcoholic beverages. The proposed Ordinance
prohibits liquor stores, increases the separation requirements between Alcohol
CUP Businesses and sensitive land uses (educational institutions, day care center
and public parks) from 500 feet to 600 feet consistent with the State of California
Business and Professions Code; allows the sale of alcohol for on -site consumption
as an incidental use when associated with entertainment venues; and other minor
clarification items related to alcohol sales.
In accordance with the California Environmental Quality Act (CEQA), the proposed
project will not have a significant impact upon the environment based upon a
completed Environmental Study. As a result, a Negative Declaration will be
adopted in compliance with CEQA.
Cheryl Kitzerow, (951) 694 -6409
City of Temecula, Council Chambers
February 1, 2012
6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and
be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for
judicial review of a decision of the Planning Commission shall be filed within the time required by, and
controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the
Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence
delivered to the City Clerk at, or prior to, the public hearing described in this notice.
The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main
Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be
addressed to the case planner.
C:1Program Files\Neevia.Com\Document Converterltemp11032371.doc