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HomeMy WebLinkAboutOrd. No. 1997-1026 ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING THE EXISTING CHAPTER 17.98 ("TEMPORARY OUTDOOR ACTMTIES") IN ITS ENTIRETY AND ADDING A NEW CHAPTER 17.98 "TEMPORARY USES" (ZONE CODE AMENDMENT [ZCAl 97-2) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.98 (Temporary Outdoor Activities) of the Lake Elsinore Zoning Ordinance is hereby repealed. SECTION 2. Chapter 17.98 (Temporary Uses) is hereby added to the Lake Elsinore Zoning Ordinance to read as follows: SECTIONS: - 17.98.010 17.98.020 17.98.030 17.98.040 17.98.050 17.98.060 17.98.070 17.98.080 17.98.090 17.98.100 17.98.110 CHAPTER 17.98 "Temporary Uses" Purpose Definitions Categories Application and Fees Action Upon Applications Standards of Operations Overnight Camping Performance Bonds Variances Appeals Revocation Section 17.98.010 Purpose. This chapter is intended to provide for the regulation and control of temporary uses that occur on private property that are not otherwise permitted or regulated by this Title, in order to protect the public health, safety, and general welfare. Section 17.98.020 Definitions. For the purpose of this Chapter, certain terms used herein are defined as follows: Temporary Uses - A use which is limited in time and extent and not involving permanent construction or substantial improvements or significant alteration of the land. A temporary use is not a special event [temporary outdoor activity] (any assembly, congregation, attraction, display, entertainment, demonstration, carnival, bazaar, circus, rodeo, or other traveling show, fair festival food fair, cook-off, dance concert or performance, or any other planned occurrence that may attract a large number of people or which may otherwise become a hazard to the public peace, health, safety or general welfare); or a Street Event (which includes parades, processions, assemblages and other events, including but not limited to running road races, bike-a-thons, triathalons, and other such uses of the public streets, highways, thoroughfares, rights-of-way and other public property which are also utilized by motor vehicles, and may constitute a traffic hazard and a threat to the public safety); which are regulated under Section 5.73 (Special Events) of the Municipal Code. A. - Ordinance No. 1026 Page 2 Section 17.98.030 Categories. The following categories of permits may be granted subject to the approvals set forth herein following application and payment of fees as set forth in Section 17.98.040 and provided compliance is demonstrated with the standards and provisions of this chapter. A. Short-term Temporary Use Permit. Short-term temporary uses are subject to the following restrictions: NUMBER OF PEOPLE EXPECTED TO Less than 100 (if more than 100 people ATTEND THE OCCURRENCE AT ANY expected at one time, this would be ONE GIVEN TIME considered a special event which is governed by Section 5.73 of the Municipal Code) DURATION A maximum of 3 days consecutive FREQUENCY OF OCCURRENCES PER Short-Term Temporary Use permits shall YEAR not be granted for occurrences held more frequently than 6 times a year RESTRICTION WITH RESPECT TO There will be no restrictions with respect THE AMOUNT OF TIME BE1WEEN to the amount of time required between OCCURRENCES occurrences APPROVING BODY Community Development Director AMOUNT OF TIME REQUIRED FOR Must be submitted a minimum of 2 SUBMITTAL OF AN APPLICATION working days prior to the occurrence FOR REVIEW PRIOR TO THE OCCURRENCE RESTRICTIONS REGARDING THE Must be conducted on private property STATUS OF THE PROPERTY and shall not be located on vacant property. The proposed use shall be an extension of, and associated with an existing licensed business within an existing building and/or center. Temporary uses within this category may also be sponsored and conducted by a non-profit or existing community organization ZONING REQUIRED FOR THE All Commercial districts, all Industrial PROPERTY WHERE THE districts or Recreational OCCURRENCE IS TO TAKE PLACE TYPES OF PERMITTED USES The sale of merchandise from an existing ANTICIPATED WITHIN THIS business (such as what would be found in CATEGORY a sidewalk sale), noncommercial car washes (provided the conditions of the National Pollutant Discharge Elimination System [NPDES] can be met), food vending stands, flower vendors and other similar temporary uses which the Community Development Director determines to be appropriate and compatible with the land use district and surrounding land uses. Ordinance No. 1026 Page 3 B. Extended Temporary Use Permit. Extended temporary uses are subject to the following restrictions: NUMBER OF PEOPLE EXPECTED TO Less than 100 (if more than 100 people ATTEND THE OCCURRENCE AT ANY expected at one time, this would be ONE GIVEN TIME considered a special event which is governed by Section 5.73 of the Municipal Code) DURATION Greater than 3 days but less than 30 days FREQUENCY OF OCCURRENCES PER Extended Temporary Use permits shall YEAR not be granted for occurrences held more frequently than 4 times a year RESTRICTION WITH RESPECT TO There shall be a minimum of 30 days THE AMOUNT OF TIME BE1WEEN separating each occurrence OCCURRENCES APPROVING BODY Community Development Director AMOUNT OF TIME REQUIRED FOR Must be submitted a minimum of 4 weeks SUBMITTAL OF AN APPLICATION (20 working days) prior to the occurrence FOR REVIEW PRIOR TO THE OCCURRENCE RESTRICTIONS REGARDING THE Must be conducted on private property. STATUS OF THE PROPERTY May be allowed on vacant property with the written permission of the property owner ZONING REQUIRED FOR THE All Commercial districts, all Industrial PROPERTY WHERE THE districts or Recreational OCCURRENCE IS TO TAKE PLACE TYPES OF PERMITTED USES Christmas tree sales lots (including ANTICIPATED WITHIN THIS incidental sale of Christmas related CATEGORY items), pumpkin patches, and other similar temporary uses which the Community Development Director determines to be appropriate and compatible with the land use district and surrounding land uses. This category does not include the sale of goods and selVices other than those mentioned above or except when associated with a non-profit or existing community organization or with an existing established business within the City Ordinance No. 1026 Page 4 C. Seasonal Temporary Use Permit. Seasonal temporary uses are subject to the following restrictions: NUMBER OF PEOPLE EXPECTED TO Less than 100 (if more than 100 people ATTEND THE OCCURRENCE AT ANY expected at one time, this would be ONE GIVEN TIME considered a special event which is governed by Section 5.73 of the Municipal Code) DURATION Greater than 30 days but less than 120 days FREQUENCY OF OCCURRENCES PER Seasonal Temporary Use permits shall not YEAR be granted for occurrences held more frequently than once a year RESTRICTION WITH RESPECT TO Not applicable THE AMOUNT OF TIME BE1WEEN OCCURRENCES APPROVING BODY Community Development Director AMOUNT OF TIME REQUIRED FOR Must be submitted a minimum of 6 weeks SUBMITTAL OF AN APPLICATION (30 working days) prior to the occurrence FOR REVIEW PRIOR TO THE OCCURRENCE RESTRICTIONS REGARDING THE Must be conducted on private property. STATUS OF THE PROPERTY May be allowed on vacant property with the written permission of the property owner ZONING REQUIRED FOR THE All Commercial districts, all Industrial PROPERTY WHERE THE districts or Recreational OCCURRENCE IS TO TAKE PLACE TYPES OF PERMITTED USES Produce stands, and other similar ANTICIPATED WITHIN THIS temporary uses which the Community CATEGORY Development Director determines to be appropriate and compatible with the land use district and surrounding land uses (but not including the sale of retail merchandise or items that can be found in department or outlet type stores) Section 17.98.040 Application and Fees. Application for Temporary Use Permits shall be filed with the Planning Division on a form prescribed by the Director of Community Development and shall include, but be limited to the following: A. Names and addresses of the sponsor, operator, and owner(s) of the property. B. Affidavit of the property owner authorizing use of the property for the proposed use. C. Address and/or legal description of the property (Assessor's Parcel Number). D. Statement describing the proposed use together with any data pertinent to the consideration and granting of the requested permit, including, but not limited to: 1. Number of people expected to attend at anyone time; 2. Total number of people expected to attend; Ordinance No. 1026 Page 5 3. Dates and hours of operation; 4. Demonstration of compliance with the standards and provIsIons of this Chapter and that the conduct of the proposed use will not be detrimental to the environment, or to the public health, safety or general welfare; E. A vicinity map. F. A dimensional site plan showing the boundaries of the property where the use is proposed and illustrating the location of the major elements of the use, including parking, access and circulation, water, and sanitary facilities; and G. Other information and plans as may be required by the Community Development Director to determine whether a permit should be granted or denied. The Director may also authorize omission of any information or plans if he finds they are not necessary. H. Application shall be accompanied by a fee which shall be established in accordance with Chapter 3.32 of the Municipal Code. Section 17.98.050 Action Upon Applications. The Community Development Director may approve, conditionally approve, modify, or deny the application after review of the application and any comments received. No application shall be approved unless the applicant has affirmatively demonstrated that all provisions of this Chapter will be complied with and that the proposed activity will not be detrimental to the environment, or the public health, safety, or general welfare. Section 17.98.060 Standards of Operations. Except as otherwise provided in this Chapter, Temporary Uses may be permitted in the Zoning Districts noted in Section 17.98.030, provided a permit is granted pursuant to the provisions of this Chapter. The following standards shall be applied to all temporary uses and compliance with these standards shall be demonstrated as a condition of the issuance of any permit provided for by this Chapter: A. Parking. All applications for temporary uses shall provide adequate parking for the use. If the use is established within an existing parking area it shall be shown that this use will not detract from the existing business or the business' ability to provide adequate parking. 1. A parking plan shall be required to be submitted and approved prior to the issuance of a permit. B. Access and Parking Control. Every applicant shall provide adequate ingress and egress to the premises of the use and parking areas. Necessary roads, driveways and entrance ways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the City system of highways or which is a highway maintained by the State or County. A special access way for fire equipment, ambulances and other emergency vehicles may be required. The City Engineer must approve the applicant's plan for ingress and egress before a permit shall be issued. C. Sanitation Facilities. If deemed necessary by the Community Development Director adequate sanitation facilities shall be provided as determined by the County Health Officer based upon State and local health laws. Provide facilities for the handicapped. D. Food Concessions. Concessions must be licensed and operate under valid Health Department permit pursuant to local ordinances and State laws. E. Hours of Operation. All activities which are subject to permit under this Chapter shall close and cease operation continuously between the hours of twelve (12:00) midnight and eight (8:00) a.m. of each and every day. Ordinance No. 1026 Page 6 F. Trash and Refuse. The site shall be cleaned and restored to its original condition or better at the conclusion of the use. An adequate number of trash receptacles shall be provided on-site and shall be emptied or removed as necessary at the applicant's expense. If deemed necessary by the Community Development Director a bond will be required to insure that the site is cleaned to its original condition at the conclusion of the use. G. Noise. The amount of noise generated by the operation of the temporary use shall not disrupt the activities of nearby land uses or otherwise violate the provisions of Chapter 17.78 of the Municipal Code relating to Noise. H. Health and Safety Codes. All applicable laws and ordinances with respect to equipment used, construction, plumbing, mechanical, electrical, and all other respects shall be observed. I. Sales of Goods and Services. All sales of goods and services shall be limited to or sponsored by one (1) of the following: 1. Non-profit organizations 2. Existing community organizations 3. Existing licensed businesses with an existing established business location within the City 4. Licensed businesses with the permission of the property owner of vacant property in the case of extended and seasonal temporary uses subject to the limitations set forth in Section 17.98.030.B and C. Section 17.98.070 Overnight Camping. Overnight camping may only be permitted by specific approval of the Community Development Director and shall comply with the following guidelines: A. Overnight camping may be permitted for persons administering or personnel serving as security for an extended or seasonal temporary use. B. Overnight camping shall be limited to only fully self-contained vehicles which have toilet facilities. C. Overnight camping shall not be allowed at any location more frequently than four times a year. D. Any overnight camping shall obtain approvals from the County Health Department and comply with all recommendations and conditions. E. Any overnight camping shall obtain a permit from the City and pay required permit fees. Except for security personnel as provided in Subsection A, any overnight camping shall be subject to obtaining a temporary trailer park permit and compliance with all applicable provisions of California Administrative Code, Title 25. Section 17.98.080 Performance Bonds. Performance bonds may be required as a condition of approval of any permit requiring the permittee to execute an agreement with the City of Lake Elsinore secured by a cash bond in the amount necessary to guarantee performance of the agreement and to restore the site to its original condition. Section 17.98.090 Variances. Variances or modifications to the strict interpretation of any provisions of this Chapter may be granted by the Planning Commission provided it is found that the purpose and intent of this Chapter has been complied with. Section 17.98.100 Appeals. An applicant or any interested person may file an appeal of the Community Development Director's decision with the Planning Commission within ten (10) calendar days of the rendering of such a decision, and pursuant to Section 17.80.020 any person may appeal to the City Council the decision of the Planning Commission. The appeal must be in writing, on forms provided by the City, and accompanied by a fee as set Ordinance No. 1026 Page 7 pursuant to Chapter 3.32 of the Municipal Code. Section 17.98.110 Revocation. Any permit issued pursuant to this Chapter may be summarily revoked and the use ordered closed by the Community Development Director or his designee for breach of any of the conditions of the permit or the provisions of this Chapter, or for the violations of any laws of the State if, at any time, the applicant fails to immediately correct any such deficiencies. INTRODUCED AND APPROVED UPON FIRST READING this 11th day of February 1997, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25th day of February 1997, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE "\ ~-pr~y~ Vicki Lynne~Kasad, City Clerk City-of L~ke Elsinore , d /,:1 . ~ I ,. \ I / ~.~/l'" .. . . <..:.. ../ / tk. >>, i. ,i I) / ,/ Zl~_, ., 6. Lof / ..'-/ u ;c:.. . Kevin Pape,~ayor II " / (SEAL) APPROVED AS TO FORM AND LEGALITY: \ ! \ : I ' John Harper, City t City of Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read by title only for adoption on February 11, 1997, and passed on February 25, 1997, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE .. 9(j~"GD.~Y~ ~KIUSAD, dry CLERK - qTY OF LAKE ~LSINORE (SJ!At) . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1026 of said Council, and that the same has not been amended or repealed. DATEQ: February 28, 1997 .9(~r ."1/ I u~,--,it~~~;( VICKI-KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)