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2009-22U Minor & Major Temporary Uses of Private Property ORDINANCE NO. 2009-22U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE REPEALING RIVERSIDE COUNTY ORDINANCE NO. 348, ARTICLE XIXa (SECTIONS 19.51 — 19.56) AND ADDING CHAPTER 9.6 TO THE MENIFEE MUNICIPAL CODE PROVIDING FOR PERMITS FOR MINOR AND MAJOR TEMPORARY USES OF PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: Section 1. Purpose and Intent A temporary use permit allows for short-term activities or events to which the public may be invited (with or without charge) and which are conducted on private property. Such uses are appropriate when regulated as set out herein. Such uses include but are not limited to music festivals, shows, sporting events, fairs, carnivals, rodeos, vehicle or other sales, or historical reenactments. SECTION 2. Chapter 9.6 is added to the Menifee Municipal Code to read as follows: Chapter 9.6 TEMPORARY USE PERMITS Section 9.6.010 Definitions 9.6.020 Major Temporary Use Permits 9.6.030 Minor Temporary Use Permits 9.6.040 Parades 9.6.050 Other Temporary Uses 9.6.060 Exempt Uses 9.6.070 Procedures for Issuance of Permit 9.6.080 Findings Required 9.6.090 Requirements for Permit Issuance 9.6.100 Conditions of Approval 9.6.110 Enforcement (1rAinanra Nn �nn0_22 Temporary Use Permits 9.6.010. Definitions (a) "Farmer's Market" shall mean a regularly scheduled, outdoor market where farmers and other producers of agricultural and related foodstuffs and products (including but not limited to bread, cheese and handmade crafts (such as seasonal goods, ornaments, hand-dipped or rolled candles, handmade soap) may bring such products for sale to the general public. There would be no sales of alcohol. Meat, poultry, fish and similar foods will be allowed only to the extent there is proper refrigeration. A Farmer's Market may include, but is not limited to, a certified farmers market under Food &Agriculture Code Sections 47000 et seq (b) "Live entertainment" shall mean entertainment provided by or more professionals and utilizing sound amplification equipment, but no including a single vocalist or piano player with a microphone, karaoke or open-mike amateur type performances and not including adult uses. (c) "Major temporary uses" shall mean those uses which have a potential to create health and safety problems, may occur on undeveloped property, could create traffic problems and/or could potentially disrupt neighboring uses and/or community life. (d)) "Minor temporary uses' shall mean those uses which occur on developed private property, generally commercial, for very short time periods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. (e) "Parade" shall mean a parade, demonstration, procession, march, review, ceremony, rally or exhibition which is conducted in, on, upon or along any portion of any public street, sidewalk or other public property owned or controlled by the City which would impeded, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property, often to support or oppose a specific issue. (f) "Temporary uses" shall mean and include special events which by their nature are non-recurring and which continue for the limited period of time provided in this ordinance, but which in no event occur for more than one year. Events which will occur for more than one year(even when sporadic) require other types of land use approvals. Temporary uses may occur indoors or outdoors, on improved or unimproved property, and should be consistent with the zoning for that property and its uses. Such temporary uses require regulation because they may result in street closures, traffic and parking needs, temporary buildings, electrical connections, portable restrooms, the use of flammable materials and may include, but are not limited to the following: walkathons, marathons, sporting and athletic events; street fairs; craft shows; social events such as large weddings or picnics; fireworks displays; auto or other retails sales events; seasonal farmers' markets; occasional swap meets. Temporary uses may be classified as exempt, major or minor. 9.6.020 Maior Temporary Use Permits The following major temporary uses may be allowed by a temporary use permit for the period of time provided in the permit. The permit type may be either a recurring use on a specific property which shall not be longer than six consecutive months 2 Ordinance No 2009-?2 Temporary Use Permits (including partial days which shall count as a full day), or a seasonal use, which shall not exceed 45 consecutive days (including partial days which shall count as a full day). The temporary use permit shall be in addition to any other regulatory approvals (including but not limited to a business license or encroachment permit required by the City) and shall be issued only after any required environmental review. Events of the type described here which will recur on a property for longer than six months or a property which will be used on a permanent basis for these types of uses shall be permitted through a conditional use permit. (a) Seasonal or One-Time Uses: i. Christmas tree sales lots and associated jolly jumps, food sales and on-site banners and other signage; provided, however, that a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, with a valid land use permit and no pending code enforcement action, and holding a valid business license; and further provided such activity in all cases shall be only held from November 1st through December 315`. Signage may not exceed the standards of the zone in which the temporary event will occur unless a variance is approved. ii. Pumpkin sales lots and associated jolly jumps, food sales and -site banners and other signage; provided, however, that a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site and holding a valid land use permit with no pending code enforcement actions and valid business license; and further provided such activity in all cases may be held only from September 15`h through November 2ntl iii. Fairs, festivals, shows, historical reenactments, concerts or similar events to which the public is invited, when not held within premises (such as auditoriums, stadiums or other permitted places of public assembly)designed to accommodate such events and which will be attended by more than 200 people, including the participants. iv. Private events (to which the public is not invited), include weddings, funerals or memorial services, picnics or block parties to which at least 200 people are invited and/or which would require public road closures or significantly impact traffic on adjacent public roads. (b) Recurring Uses i. Vendor stands (nonmobile), limited to those engaging in the seasonal sale of agricultural products; provided that no such stands may be located in the public right of way. 3 Ordiranee No 2009 22 Temporary Use Permits ii. Outdoor temporary swap meets or auctions held no more often than twice per year in the same location and not exceeding three days in duration. iii. Farmers markets held on one day per week in the same location for a total period of time not exceeding one year. (c) The Community Development Director shall have the discretion to treat an otherwise minor use as a major use subject to the provisions of this subsection. 9.6.030 Minor Temporary Use Permits The following minor temporary uses may be permitted for the time period set out in the permit, not to exceed four consecutive days in each calendar quarter for one year (including partial days which shall count as a full day and unless otherwise provided here) and which, in general, are exempt from CEQA. (a) Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales that exceed existing land use restrictions, which meet the following provisions: i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business, ii. The maximum number of consecutive days for any one event shall not exceed nine calendar days; iii. Set-up and take-down of canopies. lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one and one-half days and take-down shall not exceed one and one-half days unless otherwise authorized by the Community Development Director; (b) Flower sales (nonmobile), vendor stands (nonmobile), seasonal sales of agricultural products for limited periods of time, which at no time may be conducted in the public right of way; (c) Special lighting exhibits including spotlights, and specifically including holiday lighting displays; (d) Veterinary vaccination clinics on developed sites that are not in conjunction with a veterinary facility(i.e., pet store, groomer); (e) Vehicle dealership sales events; (f) Fairs, festivals, shows, historical reenactments, concerts or similar events to which the public is invited, when not held within premises (such as auditoriums, 4 Ordinance lio. 2009-22 Temporary Use Permits stadiums or other permitted places of public assembly) designed to accommodate such events and when more than 100 hundred but fewer than 200 people will attend. (d) Outdoor temporary swap meets or auctions held no more often than twice per year on that property and not exceeding three consecutive days (e) Garage or yard sales conducted at the same residential location more than 4 times per year; (f) Live entertainment at a restaurant or bar no more than 4 times per year 9.6.040 Parades. Notwithstanding, an application for a parade permit shall be provided to the City at least one week before the scheduled event if the parade will proceed on a public street or sidewalk with 50 or more participants and the City shall provide for expedited reconsideration of any denial of such permit. 9.6.050 Exempt Uses. Exempt uses include the following: (a) Going out of business sales with no additional merchandise normal promotional activities conducted within the approved display area for the business; (b) Commercial filming regulated by other provisions of this Code; (c) City, state, federal, school district, community college district or other public agencies' event when conducted wholly on that agency's public property or with the consent of another public property owner and which will not require public road closures or significantly impact on traffic on adjacent public streets; and (d) Homeowners association events conducted wholly in common areas within the boundaries of the association and which do not impact public streets or other public facilities. 9.6.060 Other Temporary Uses. For temporary uses that are not listed in this Chapter, the Community Development Director and his/her discretion may determine whether such use should be classified as major or minor. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and surrounding land uses. Those temporary uses which do not fit within the criteria for major or minor uses shall be addressed through a plot plan, conditional use permit or other type of permit identified in the Zoning Code. 9.6.070 Procedures for Issuance of Permit (a) Application and Fee. Applications for a temporary use permit shall be made to the Community Development Department on forms provided for that purpose. Forms shall include the name and address of the applicant, the location of the proposed use (including an APN number), a detailed description of the proposed use including use of buildings and other areas, and a description of how the applicant will meet the 5 Oidinance No. 2009-22 Temporary Use Permits requirements for issuance of the permit. The application will not be processed until the Community Development Director deems it complete and all applicable fees have been paid. . The applicant is responsible for the submission of all information necessary to allow the Community Development Director to make a determination regarding the temporary use permit. The application shall be accompanied by a filing fee as determined by resolution of the City Council. (b) Time of Application: The applicant should be submitted at least 60 days in advance of the first date of the proposed use. The applicant is responsible for submitting an application in a manner which allows sufficient time for processing, noticing (if necessary) and an appeal of an adverse decision (c) Community Development Director Approval: A minor TUP or a major TUP which is exempt from CEQA and which does not impact on surrounding properties may be approved, conditionally approved or denied administratively without notice or hearing by the Community Development Director. Notwithstanding, the Planning Director at her discretion may refer such application to the Planning Commission for a noticed public hearing. (d) Planning Commission Approval: A Major UP which impacts surrounding land uses or which requires a negative declaration or mitigated negative declaration shall be approved conditionally approved or denied by resolution of the Planning Commission after a noticed public hearing. Notice shall be given as set out in Govt. Code Section 65091 (i.e. published and to adjacent property owners). (e) Appeal: Decisions of the Community Development Director may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council as set out in Chapter 2.2 of this Code. (f) Amendment: A temporary use permit may be amended using the provisions of this section. (g) Extension: An extension of a temporary use permit cannot be granted; a new use for different time frames requires a new application. (h) Transfer: No permit shall be transferable to another location or to another permittee. (i) Suspension and/or Revocation: The permit may be suspended effective immediately by the Community Development Director pending revocation in the same manner as granted in the event that the permit was obtained by fraud or misrepresentation; the permittee fails or refuses to comply with the conditions of the permit or violates any applicable state law or regulation; circumstances have changed so that the findings required may not be made. (j) Posting: The permit (along with any other required permits) shall be posted on the premises where the event is conducted and/or a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring. 6 Ordinance No ?009-22 Temporary Use Permits 9.6.080 Findings Required for Issuance of Permit In order to approve or conditionally approve a temporary use permit, all of the following findings shall be made. (a) The proposed temporary use is compatible with the zoning, nature, character and use of the surrounding area; and (b) The temporary use will not adversely affect the adjacent uses, buildings or structures (with or without mitigation); and (c) The nature of the proposed temporary use is not detrimental to the public health, safety or welfare of the community. 9.6.090 Requirements for Permit Issuance In addition to the findings required by Section 9.6.080, no minor or major temporary use permit shall be issued unless the use meets the following criteria: (a) Activities shall not block, restrict or impair any of the following: L The public's view of another business or activity; ii. The public's view of the signage for another business or activity; iii. The view or visibility of the operator of any motor vehicle; iv. The movement of any pedestrian or motor vehicle; V. The points of ingress and egress to a site. (b) No activity (including parking), event, structure or signage may be located in the public right of way unless an encroachment permit specifically is granted there for in addition to the TUP. (c) Signage/banners shall be limited as follows: one banner per street frontage, not to exceed 60 square feet, mounted on a frame of an attractive permanent material, dealing only with the major or minor use. (d) No open flames except for campfires when specifically permitted for historical, camping or similar events with the appropriate permit for of clearance by the Fire Department; covered barbeques only for cooking (f) Canopies shall meet Building Code requirements. (g) There shall be no balloons of any kind or size used for advertising of any kind. Balloons regarding the event shall be allowed only if they are normal sized and intended to be sold or given away. Balloons must meet applicable standards for helium and ambient balloons. 7 Ordinance No 2869-22 Temporary Use Permits (h) There shall be no tents for general public occupancy; tents may be allowed when specifically permitted for historical, camping or similar events Q) The use shall meet all applicable provisions of local, state, or federal laws and regulations, as well as City Codes and policies, including but not limited to City business licensing. (k) If the holder of the permit is not the owner of the property to be used, the holder of the permit shall have a written agreement from the owner of the property for such use and consent to the request for a TUP and/or the application for the TUP must also be signed by the property owner. (1) The holder of the permit shall have all necessary regulatory licenses or permits (i.e. food handling may only be allowed subject to the requirements of the Riverside County Environmental Health Department. (m) The event shall not be scheduled at a location and/or time that conflicts with another already scheduled event for the same place and time. 9.6.700 Conditions of Approval In approving an application for a temporary use permit(or for amendment of a temporary use permit), whether major or minor, the Community Development Director or Planning Commission may impose conditions he/she/they determines to be necessary to mitigate the impacts of the use and meet the requirements of this Chapter or of applicable local, state or federal laws or regulations. Such conditions will vary with the size and nature of the proposed use and may include but are not limited to: (a) Location and timing of the use (i.e. outdoors versus in an enclosed building); (b) Provision for temporary parking facilities, including vehicular ingress and egress; (c ) Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, vapors and heat; (d) Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; (e) Provision for restroom and related sanitary facilities as well as medical facilities and emergency medical services; (f) Provision for solid, hazardous and toxic waste collection and disposal, dust control; 8 Ordinance No 2809 22 I Temporary Use Permits (g) Provision for security and safety measures; (h) Regulation of canopies, banners and other on-site signs (no tents shall be allowed); (i) Regulation of the number and length operating hours and days, including limitation of the duration of the temporary use; Q) Regulation of number, type, location and duration of cooking facilities, open flames, barbeques, food services and jolly jumps or similar child entertainment devices; (k) Submission of a performance bond or other surety devices, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to no worse than its former condition; (1) If overnight habitation is required, adequate security or other personnel as well as sanitary facilities are provided. (m) If City property is damaged or destroyed as a result of the use, the permittee will reimburse the City for the actual cost of repair or replacement (including labor and overhead) and the City may require a deposit therefor if such damage reasonably may be anticipated; (n) Deposit for traffic control and/or clean up fees unless already provided with an encroachment permit; (o) Indemnification and hold harmless for use of City property (p) A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code, specifically including but not limited to zoning; (q)Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section. 9.6.110 Enforcement The requirement for a temporary use permit may be enforced by the City through any legally available means, including but not limited to an administrative citation where a use is in violation of the provisions of this Chapter. . Where necessary to protect public health and safety, the Community Development Director may issue a written suspension of a temporary use permit for its violation pending revocation of the permit pursuant to the provisions of this Chapter for approval of such permit. 9 Oidinarice No. 2009-22 Temporary Use Permits Section 3. Effective Date; Supersedes Urqencv Ordinance No. 2009-22U This Ordinance shall be effective 30 days from the date of its adoption and upon its effective date it shall supersede the provisions of Interim Urgency Ordinance No. 2009-22U, which ordinance shall then be of no further force and effect. PASSED, APPROVED AND ADOPTED this /_5 day of 2009. Wallace W. Edgerton, Mayor ATTEST: 6zik—,"L Kathy Bennett, City Clerk APPROVED AS TO FORM: EbAa- V4A-Q'l J Elizabeth Martyn, City Attorney 10 r Wallace W.Edgerton Mayor Fred Twyman Mayor Pro Tem John V.Denver Councilmember Darcy Kuenzi STATE OF CALIFORNIA ) Councilmember COUNTY OF RIVERSIDE ) ss Scott A.Mann CITY OF MENIFEE ) Councilmember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2009-22 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Menifee on the 1 st day of December, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 151h day of December, 2009 by the following vote: Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman Noes: None Absent: None Abstain: None N�Fw Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 w .cityofinenifee.us