urgency ordinance no. 2014-03 of the city council of the city of carmel-by-the-sea adopting a...

8/12/2019 Urgency Ordinance No. 2014-03 of the City Council of the City of Carmel-By-The-Sea Adopting a Moratorium on A

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CITY OF CARMEL-BY-THE-SEACouncil ReportApril 1, 2014

Honorable Mayor and Members of the City CouncilJason Stilwell, City AdministratorRob Mullane, AICP, Community Planning and Building DirectorConsideration of Urgency Ordinance NO. 2014-03 of the City Council ofthe City of Carmel-by-the-Sea Adopting a Moratorium on Approval of UsePermits for New Wine Tasting Room Establishments for a Period of 45Days

Recommendation: Adopt Urgency Ordinance 2014-03 establishing a moratorium onapproval of Use Permits for new wine tasting establishments

Executive Summary: On March 25, 2014, the Plann ing Commission held a special meeting anddiscussed the City s Wine Tasting Room Policy. The Commissionrecommended that the City Council adopt a moratorium on approvals ofUse Permits for new wine tasting establishments.An urgency ordinance has been prepared for the Council s consideration{Attachment A . The moratorium would allow staff to process revisionsto the City s existing Wine Tasting Policy (Attachment B prior toapproving new wine tasting establishments. The ordinance wouldexclude from the moratorium any Use Permits that prior to April1 2014,have been deemed complete for processing. Pursuant to CaliforniaGovernment Code Section 65858 (Attachment L the urgency ordinanceshall expire after 45 days unless the City Council grants a time extension.

Analysis Discussion: On March 25, 2014, the Planning Commission, on a 4-0-1 vote,recommended that the City Council adopt a moratorium on approvals ofUse Permits for new wine tasting establishments. The Commission smotion included a recommendation that Use Permits for wine tastingestablishments that had been deemed complete for processing by Citystaff should not be subject to the moratorium. The Commission alsoprovided input on potential revisions to the Wine Tasting Policy.


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Alternatives

The moratorium is intended to allow staff to make revisions to the WineTasting Policy to refine and clarify the policy. Staff currently anticipatesthat revisions to the policy would require 1 or 2 meetings of the City sWine Tasting Room Subcommittee, followed by hearings before thePlanning Commission and then the City Council.In recent years, the City ha s seen a marked increase in requests fo r winetasting establishments. Since the policy was adopted in June 2011, atotal 18 applications for wine tasting have been submitted, an d 11 ofwhich have been approved. Five of those applications were submitted in2014, and over the last few months, the City has also received anincrease in inquiries regarding potentia l new establishments.Currently, there are eight pending wine tasting room applications. Ofthese, three have not yet been deemed complete for processing, threehave been deemed complete and are tentatively scheduled for the April17, 2014 Planning Commission meeting, and two have been appealedand are pending review by the City Council.Staff recommends that the Council adopt Urgency Ordinance 2014-03 toesta bli sh a moratorium on approval of Use Permits for new wine tastingesta blishments. Staff further recommends th at the moratorium apply toonly those Use Permit applications for new wine tasting establishmentsthat have been deemed complete for processing. Finally staff hasincluded language in the ordinance to clarify that staff work onapplications subject to the moratorium would be suspended. This wouldallow staff to focus necessa ry resources on revising the Wine TastingPolicy.The Council could expand or contract t he appl icabil ity of the mo ratorium.The moratorium could be expanded to include all permits for wine tastingestablishments, including those that have been deemed complete. Thiswould make the moratorium applicable to all eight pending applications.Alternatively, the Council could narrow the moratorium s applicability toexclude applications that have been submitted but not yet deemedcomplete. This would allow those applications to proceed through theapproval process but would not allow new applications to be submittedor processed.Another alternative is to have the moratorium exclude appl ications forwine tasting establishments that would have a single Monterey Countywinery represented utilizing a State ABC Dupl icate 2 (Winery) License.


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iscal Impact:

This alternative would allow the processing of those types of applicationsto proceed; however, the basis for this type of an exemption would betied to speculation on the likely outcome of the revisions to the WineTasting Policy, which have not been vetted by the public review processor examined by staff for legal enforceability.Finally, the Council could also opt not to adopt any moratorium at th istime in which case staff would continue to process existing and newwine tasting applications according to the existing Wine Tasting Policy.This alternative would not allow for possible clarifications andrefinements of the policy prior to Planning Commission consideration ofsuch applications. It would also present challenges to the CommunityPlanning and Building Department s workload as staff would need tosimultaneously process new wine tasting applications as well as revisionsto the Wine Tasting Policy.Staff work to process the urgency ordinance, any future extensions, andprocess revisions to the Wine Tasting Policy would be a part of theCommuni ty Planning and Building Department s operations and budget,which are supported by the General Fund.

Previous CouncilAction Decision History:

The City s existing Wine Tasting Policy was approved on June 23 2011.

Attachments: Attachment Ordinance 2014 03 Attachment B Wine Tasting Room Policy Attachment C California Government Code Section 65858

Reviewed byCity Administrator City Attorney Administrative Services DAsst. City Admin. D Dir of CP Dir of Public Svcs DPublic Safety Dir D Library Dir D Other D

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THEREFORE THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOESORDAIN AS FOLLOWS:Section One. The City hereby establishes a moratorium on the processing ofUse Permitsand Use Permit Amendments for new wine tasting establishments to enable City staff to process

possible revisions to the City s Wine Tasting Policy The moratorium applies to all suchapplications that have not yet been deemed complete for processing by City staff.Section Two. If any section subsection or part of this Ordinance is held to be invalid orunenforceable all other sections subsections or parts of subsections of this ordinance shallremain valid and enforceable.Section Three. Effective Date This Ordinance shall take effect immediately upon fourfifths vote ofthe City Council. This ordinance shall expire in forty-five days unless readoptedor readopted with amendments at a public hearing prior to the expiration. This is declared to bean urgency measure as authorized by California Government Code Section 65858.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA thisL day of April 2014 by the following roll call vote:

AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ASTAIN: COUNCIL MEMBERS:

ATTEST:

Daryl A Betancur CMCDeputy City Clerk

SIGNED:

Jason Burnett MAYOR

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ttachment BWine Tasting olicy

urpose

Wine Tasting olicy(Adopted 6/23/2011)

To establish guidelines for the review and approval ofwine tasting facilities in the CentralCommercial and Service Commercials Districts in the downtown.

olicyThe General Plan encourages a balanced mix of uses that serve the needs of both local and nonlocal populations. The Planning Commission recognizes the demand for establishing winetasting facilities but also recognizes that their proliferation could impact the balanced mix ofusesthat the General Plan encourages. The following standards are recommended and should beconsidered by the Planning Commission in its review of wine tasting permits:When Associated with Retail Wine Shops and off-site Wine Tasting Rooms:

The primary purpose ofwine tasting should be to encourage patrons to purchase wine forconsumption off-site. Establishments should not operate as a wine bar where the primarypurpose would be for patrons to drink wine. In order to avoid the appearance of a bar, the wine tasting service and seating area shouldgenerally be limited to no more than 30 of the floor area ofthe retail space. Tasting should only involve traditional wine based products such s still wines, sparklingwines or Port, no other alcoholic beverages should be permitted to be tasted or purchased. The maximum serving size should be 2 ounces per serving. Customers should not bepermitted to drink bottles ofpurchased wine in the store and no wine tasting should takeplace on public property. Light snacks may be allowed, however, appetizers and/or meals should not be permitted. In order to encourage diversity and maintain a balanced mix of uses, one retail locationoffering wine tasting should not be located directly adjacent to another retail locationoffering wine tasting (not including restaurants). Generally, not more than fiveestablishments offering tasting should be permitted along any one block*. Night time hours should be limited to no later than 10:00 p.m. Wines originating from Monterey County Vineyards and Wineries and locating their offsite tasting rooms in Carmel are desired and strongly encouraged.

When Associated with other Uses (Art Gallery, Clothing Store, etc.) All the standards listed above. Limited to retail spaces of ,000 square feet or larger.

*For the purposes of this policy a block would include all commercial spaces on both sides of a street locatedbetween the next two cross streets. For example, no more than five wine tasting establishments should be permittedalong San Carlos Street between Ocean and Seventh avenues.


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Attachment C California Government Code Sections 65858 and 65090

65858. a) Without following the procedures otherwise requiredprior to the adoption of a zoning ordinance, the legislative body ofa county, city including a charter city, or city and county, toprotect the public safety, health, and welfare, may adopt as anurgency measure an interim ordinance prohibiting any uses that may bein conflict with a contemplated general plan, specific plan, orzoning proposal that the legislative body, planning commission or theplanning department is considering or studying or intends to studywithin a reasonable time. That urgency measure shall require afour-fifths vote of the legislative body for adoption. The interimordinance shall be ofno further force and effect 45 days from itsdate of adoption. After notice pursuant to Section 65090 and publichearing, the legislative bodymay extend the interim ordinance for 10months and 15 days and subsequently extend the interim ordinance forone year. ny extension shall also require a four-fifths vote foradoption. Not more than two extensions may be adopted.

65090. a) When a provision of this title requires notice of apublic hearing to be given pursuant to this section, notice shall bepublished pursuant to Section 6061 in at least one newspaper ofgeneral circulation within the jurisdiction of the local agency whichis conducting the proceeding at least 10 days prior to the hearing,or if there is no such newspaper of general circulation, the noticeshall be posted at least 10 days prior to the hearing in at leastthree public places within the jurisdiction of the local agency.b) The notice shall include the information specified in Section65094.c) In addition to the notice required by this section, a localagency may give notice of the hearing in any other manner it deemsnecessary or desirable.

d) Whenever a local agency considers the adoption or amendment ofpolicies or ordinances affecting drive-through facilities, the localagency shall incorporate, where necessary, notice procedures to theblind, aged, and disabled communities in order to facilitate theirparticipation. The Legislature finds that access restrictions tocommercial establishments affecting the blind, aged, or disabled is acritical statewide problem; therefore, this subdivision shall beapplicable to charter cities.

urgency ordinance no. 2014-03 of the city council of the city of carmel-by-the-sea adopting a...

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