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:
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NOES: % 11
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ABSENT: j
ABSTAIN:
Wallace W. Edgerton, Mai&
ATTEST:
Kathy Bennett, City Clerk
APPROVED AS TO FORM:
Elizabeth Marlyn, City Attorney
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