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PC09-009Resolution No. 09-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL OF ORDINANCE NO. 2009-22 REGARDING TEMPORARY USES Whereas, on February 3, 2009, the City Council adopted interim regulations to allow certain minor and major temporary uses with a temporary use permit; and Whereas, on March 17, 2009, the City Council extended such interim regulations to allow staff additional time to develop a permanent ordinance; and Whereas, staff now has gathered experience with the type of temporary uses requested within the City and the impacts of such uses, and has prepared Ordinance No. 2009-22, which would add Chapter 9.6 to the Menifee Municipal Code to provide for temporary use permits for such uses; and Whereas, the Planning Commission has conducted a noticed public hearing on such proposed ordinance, at which all persons were heard, and has discussed and considered this matter. Now, therefore, the Planning Commission of the City of Menifee does recommend as follows: 1. All recitals set out above are true and correct. 2. The proposed Ordinance No. 2009-22 is consistent with the Riverside County General Plan (as adopted by the City), existing zoning and Riverside County Land Use Ordinance No. 348 as adopted by the City and will protect the public health, safety and welfare of the citizens and residents of Menifee. 3. The Planning Commission therefore recommends that the City Council adopt Ordinance No. 2009-22 in the form attached as Exhibit A to this Resolution. PASSED, APPROVED AND ADOPTED this the 8th day of September, 2009, by the following vote: ` AYES: w"A' r 1 u-dc�1 NOES. I `y}&'KK, ABSENT: ` /t a )uU ABSTAIN: -Y�wo-- Matthew Liesemeyer, Chair Attest: Kathy b ennett, City Clerk Planning Commission Secretary ORDINANCE NO. 2009-22 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE REPEALING RIVERSIDE COUNTY ORDINANCE NO. 348, ARTICLE XIXa (SECTIONS 19.51—19.56) AND ADOPTING ALTERNATE PROVISIONS REGARDING 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) Nature of Permit: 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. (b) Permitted Categories of Uses: Temporary uses are divided into two categories: minor and major. Major temporary uses 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. Minor temporary uses 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. (c) This is an interim urgency zoning ordinance which is intended to put in place provisions for minor uses and revision provisions for major uses which presently are not addressed by the County ordinances adopted upon incorporation. The ability to permit such uses is necessary immediately to protect the health, safety and welfare of those within the City to allow such uses to go forward as well as to regulate such uses. This Ordinance is necessary because current provisions of the Riverside County Land Use Ordinance No. 348 to not contain such provisions or address uses necessary for the City. This urgency ordinance will remain in effect for 45 days and may be extended until such time as it is superseded by a more complete ordinance regarding the same subject that contains City notice and appeal provisions, but not to exceed a total of 2 years. SECTION 2. MAJOR TEMPORARY USE PERMITS Major Temporary Uses. The following major temporary uses may be permitted by a temporary use permit for the period of time provided in the permit, which shall not be longer than six consecutive months (including partial days which shall count as a full day): (a) 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 Ordinance No. 2009-22 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 31st; (b) Pumpkin 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 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 2nd; (c) 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; (d) Vendor stands (non -mobile), including not limited to those engaging in the seasonal sale of agricultural products; provided, however, that no such stands may be located in the public right of way; SECTION 3. 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 which, in general, are exempt from CEQA. (a) 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. Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts, iv. Set-up and take -down of tents, 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 planning director, (b) Flower sales (nonmobile), vendor stands (nonmobile), including seasonal sales of agricultural products for limited periods of time, which at no time may be conducted in the public right of way; Ordinance No. 2009-22 (c) Special lighting exhibits including spotlights, and specifically including holiday lighting displays; (d) Veterinary clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer); (e) Vehicle dealership sales events SECTION 4. OTHER TEMPORARY USES For temporary uses that are not listed in Sections 2 or 3 of this Ordinance, the Planning 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. SECTION 5. PROCEDURE FOR ISSUANCE OF PERMIT (a) Application and Fee. Applications for a temporary use permit shall be made to the Planning Department on forms provided for that purpose which 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 criteria set out in Section 6 and Section 7 of this Ordinance below. The application will not be processed until the Planning Department deems it complete. The applicant is responsible for the submission of all information necessary to allow the Planning Department to make a determination regarding the temporary use permit. The application shall be accompanied by a filing fee as set out in Riverside County Ordinance No. 671, which fee shall be paid directly to the City. (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) A temporary use permit may be approved, conditionally approved or denied administratively by the Planning Director. In general, a minor use permit shall be exempt from CEQA and shall not require notice and hearing. Notice and hearing of a major use permit may be given in the same manner as for a plot plan under the provisions of Article XIII of Riverside County Land Use Ordinance No. 348, Section 18.30. The Planning Director also may refer such application to the Planning Commission. (d) Decisions of the Director may be appealed to the Planning Commission in the same manner as for a plot plan under the provisions of Article XIII of Riverside County Land Use Ordinance No. 348, Section 18.30. Ordinance No. 2009-22 SECTION 6. REQUIREMENTS FOR PERMIT ISSUANCE. 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: i. 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. (c ) There shall be no balloons of any kind or size used for advertising or delineating the event unless they are normal sized and provided to patrons/visitors for sale or as give-aways. (d) There shall be no tents for public occupancy. (e) The temporary use is compatible with the zoning for its location and with the nature, character and use of the surrounding area. (f) The temporary use will not adversely affect the adjacent uses, buildings or structures. (g) The nature of the proposed use is not detrimental to the health, safety, or welfare of the community. (h) The use shall meet all applicable provisions of local, state, or federal laws and regulations, as well as City policies. (i) A temporary use permit shall be modified in the same way as originally granted. (j) An extension of a temporary use permit cannot be granted; a new use for different time frames requires a new application. 4 Ordinance No. 2009-22 SECTION 7. CONDITIONS OF APPROVAL In approving an application for a temporary use permit, whether major or minor, the Planning Director may impose conditions he/she determines to be necessary to mitigate the impacts of the use and meet the requirements of Section 6 of this Ordinance as well as other requirements of local, state or federal laws or regulations. Such conditions 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, gases 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; (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 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) 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; - - - - Ordinance No: 2009=22- - (m) 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. SECTION 8: ENFORCEMENT The requirement for a temporary use permit may be enforced by the City through an legally available means, including but not limited to an administrative citation where a use is in violation of the provisions of this Ordinance. Where necessary to protect public health and safety, the Planning Director may issue a written suspension of a temporary use permit for its violation pending revocation of the permit pursuant to the provisions of Riverside County Land Use Ordinance No. 348 providing for revocation of a conditional use permit SECTION 9. EFFECTIVE IMMEDIATELY FOR 45 DAYS This Ordinance is adopted pursuant to the provisions of Govt. Code Section 65858 and shall be effective immediately for 45 days commencing as of the day after the date of adoption, at which time the Ordinance shall terminate unless extended in a timely manner. This Ordinance is necessary to protect public health, safety and welfare by providing an immediate method to allow and to regulate certain minor and major temporary uses. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY, 2009, by the following 4/5th vote: AYES: i r� (�,��L,� NOES: % 11 j le:ILi� ABSENT: j ABSTAIN: Wallace W. Edgerton, Mai& ATTEST: Kathy Bennett, City Clerk APPROVED AS TO FORM: Elizabeth Marlyn, City Attorney rel