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Home My WebLink About95-01 CC OrdinanceORDINANCE NO. 95-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 9.1, 9.50, 10.1, 11.2, AND 11.26 OF RIVERSIDE COUNTY ORDINANCE NO. 348, AS ADOPTED BY THE CITY OF TEMECULA, REQUIRING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF NIGHTCLUBS, TEEN CLUBS, DANCE HALLS, BARS AND COCKTAIL LOUNGES, BILLIARD HALLS, AND VIDEO GAME ARCADES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings That the Temecula City Council hereby makes the following findings: A. That it is the Mission of the City of Temecula to maintain a safe, secure, clean, healthy and orderly community; B. That according to State Planning and Zoning Law, a City may adopt locally appropriate zoning and development regulations; C. That it is necessary to regulate the establishment of nightclubs, teen clubs, dance halls, bars and cocktail lounges, billiard halls, and video game arcades through the conditional use permit process; D. That if such ordinance were not approved, establishment of such nightclubs, teen clubs, dance halls, bars and cocktail lounges, billiard halls, or video game arcades without a conditional use permit would be undertaken that may compromise the public health, safety and welfare. This Ordinance is necessary for the immediate preservation of the public peace, health and safety, pursuant to Government Code Section 36937 (b), because without the conditional use permit process, the enumerated uses could be established without full public participation and review for peace, health and safety considerations. Section 2. That notwithstanding any provision of the City of Temecula Ordinance 90-04, which adopted certain Riverside County Ordinances including Ordinance No. 348, no person shall establish a nightclub, teen club, dance~hall, bar and cocktail lounge, billiard hall, and video game arcade without a conditional use pe~fit. No officer, employee or agent of the City shall issue any permit or other entitlement which would have the effect of allowing a nightclub, teen club, dance Ords\95-01 I hall, bar and cocktail lounge, billiard hall, and video game arcade without a conditional use permit, and in addition, any permit or other entitlement issued in violation thereof shall be revoked. Section 3. Zone Text Amendment. Section 9.1, "a" and "d, .... Uses Permitted," in the C-1 Zone and C-P Zone (General Commercial) of Riverside County Ordinance No. 348 as adopted by the City is hereby amended to read as follows: "Article IX C-1 ZONE C-P ZONE (GENERAL COMMERCIAL) The following regulations shall apply in all C-1 Zones and C-P Zones: SECTION 9.1. USES PERMITTED. ao The following uses are permitted, only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of this Ordinance: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) Ambulance services Antique shops Appliance stores, household Art supply shops and studios Auction houses Auditoriums and conference rooms Automobile repair garages, not including body and fender shops or spray painting Automobile parts and supply stores Bakery goods distributors Bakery shops, including baking only when incidental to retail sales on the premises Banks and financial institutions Barber and beauty shops Reserved Reserved Blueprint and duplicating services Book stores and binders Bowling alleys Catering services Cleaning and dyeing shops Clothing stores Confectionery or candy stores Ords\95-01 2 (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) (38) (39) (40) (41) (42) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (55) (56) (57) (58) (59) (60) (6D (62) Costume design studios Reserved Delicatessens Department stores Drug stores Dry goods stores Employment agencies Escort bureaus Feed and grain sales Florists shops Food markets and frozen food lockers Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption Gift shops Hotels, resort hotels and motels Household goods sales and repair, including but not limited to new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof Hobby shops Ice cream shops Ice sales, not including ice plants Interior decorating shops Jewelry stores with incidental repairs Labor temples Laboratories, film, dental, medical, research, or testing Laundries and laundromats Leather goods stores Liquor stores Locksmith shops Mail order businesses Manufacturer's agent Market, food, wholesale, or jobber Massage parlors, turkish baths, healih centers, and similar personal service establishments Meat markets, not including slaughtering Mimeographing and addresograph services Mortuaries Music stores News stores Notions or novelty stores Offices, including business, law, medical, dental, chiropractic, architectural, engineering, community, planning, real estate One on-site operator's residence, which may be located in a commercial building Paint and wall paper stores, not including paint contractors Pawn shops Pet shops and pet supply shops Ords\95-01 3 (63) (64) (65) (66) (67) (68) (69) (70) (71) (72) (73) (74) (75) (76) (77) (78) (79) (80) (81) (82) (83) (84) (85) (86) (87) (88) (89) (90) (91) (92) (93) (94) (95) (96) Photography shops and studios and photo engraving Plumbing shops, not including plumbing contractors Poultry markets, not including slaughtering or live sales Printers or publishers Produce markets Radio and television broadcasting stations Recording studios Refreshment stands Restaurants and other eating establishments Schools, business and professional, including art, barber, beauty, dance, drama, music, and swimming Shoe stores and repair shops Shoeshine stands Signs, on-site advertising Sporting goods stores Stained glass assembly Stationer stores Stations, bus, railroad, and taxi Taxidermist Tailor shops Telephone exchanges Theaters, not including drive-ins Tire sales and service, not including recapping Tobacco shops Tourist information centers Toy shops Travel agencies Typewriter sales and rental, including incidental repairs Watch repair shops Wholesale businesses with samples on the premises but not including storage Car washes Fortune telling, spiritualism, or similar activity Recycling collection facilities Convenience stores, not including the sale of motor vehicle fuel Day care centers (Deleted) The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Section 18.28 of this Ordinance: (2) (3) (4) (5) Sale, rental, repair, or demonstration of motorcycles, scooters, and motorbikes Drive-in theaters Heliports Tire recapping Animal hospitals Orals\95-01 4 (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) Body and fender shops and spray painting Swap meets All uses permitted in Subsection (a) of this Section that have more than 200 sq. fl. of outside storage or display of materials Mini warehouse structures Lumber yards, including only incidental mill work Building materials sales yards Underground bulk fuel storage Congregate care residential facilities Convenience stores, including the sale of motor vehicle fuel Gasoline service stations with the concurrent sale of beer and wine for off-premises consumption Liquid petroleum service stations with the concurrent sale of beer and wine for off- premises consumption, provided the total capacity of all tanks shall not exceed 10,000 gallons Bars and cocktail lounges Billiard halls Night clubs Teen night clubs Videogame arcades." Section 4. Zone Text Amendment. Section 9.50 "a" and "b," "Uses Permitted" in the C-P-S Zone (Scenic Highway Commercial) of Riverside County Ordinance No. 348 as adopted by the City is hereby amended to read as follows: "Article IXb C-P-S ZONE SCENIC HIGHWAY COMMERCIAL The following regulations shall apply in all C-P-S Zones: SECTION 9.50. USES PERMITTED. The following uses are permitted, only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of this Ordinance: (1) (2) (3) (4) (5) (6) Ambulance services Antique Shops Appliance stores, household Art supply shops and studios Auditoriums and conference rooms Automobile parts and supply stores Ords\95-01 5 (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) (38) (39) (40) (41) (42) (43) (44) (45) (46) (47) (48) (49) Bakery goods distributors Bakery shops, including baking only when incidental to retail sales on the premises Banks and financial institutions Barber and beauty shops Reserved Bicycle sales and rentals Reserved Blueprint and duplicating services Book stores and binders Bowling alleys Catering services Ceramic sales and manufacturing for on-site sales, provided the total volume of kiln space does not exceed sixteen (16) cubic feet Cleaning and dyeing shops Clothing stores Confectionery or candy stores Costume design studios Reserved Delicatessens Department stores Drug stores Dry goods stores Electrical substations Employment agencies Escort bureaus Feed and grain sales Fishing and casting pools Florists shops Food markets and frozen food lockers Gift shops Hardware stores Household goods sales and repair, including but not limited to new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof Hobby shops Ice cream shops Ice sales, not including ice plants Interior decorating shops Jewelry stores with incidental repairs Labor temples Laboratories, film, dental, medical, research, or testing Laundries and laundromats Leather goods stores Liquor stores Locksmith shops Mail order businesses Ords\95-01 6 (5O) (51) (52) (53) (54) (55) (56) (57) (58) (59) (60) (61) (62) (63) (64) (65) (66) (67) (68) (69) (70) (71) (72) (73) (74) (75) (76) (77) (78) (79) (80) (81) (82) (83) Manufacturer's agent Market, food, wholesale, or jobber Massage parlors, turkish baths, health centers, and similar personal service establishments Meat markets, not including slaughtering Mimeographing and addresograph services Mobilehomes, provided they are kept mobile and licensed pursuant to state law, use for: a. Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, providing they are inconspicuously located b. Agricultural worker employment offices for a maximum of 90 days in any calendar year c. Caretakers or watch men and their families provided no rent is paid, where a permitted and existing commercial use is established. Not more than one mobilehome shall be allowed for a parcel of land or a shopping center complex Music stores News stores Notions or novelty stores Nurseries and garden supply stores Offices, business One on-site operator's residence, which may be located in a commercial building Paint and wall paper stores, not including paint contractors Parking lots and parking structures Pawn shops Pet shops and pet supply shops Photography shops and studios and photo engraving Plumbing shops, not including plumbing contractors Poultry markets, not including slaughtering or live sales Printers or publishers Produce markets Radio and television broadcasting studios Recording studios Refreshment stands Restaurants and other eating establishments Schools, business and professional, including art, barber, beauty, dance, drama, music, and swimming Shoe stores and repair shops Shoeshine stands Signs, on-site advertising Sporting goods stores Stained glass assembly Stationery stores Stations, bus, railroad, and taxi Taxidermist Ords\95-01 7 Do (84) (85) (86) (87) (88) (89) (90) (91) (92) (93) (94) (95) (96) (97) (98) (99) (100) (101) Tailor shops Telephone exchanges Theaters, not including drive-ins Tobacco shops Tourist information centers Toy shops Travel agencies Typewriter sales and rental, including incidental repairs Watch repair shops Wedding chapels Wholesale businesses with samples on the premises but not including storage Recycling collection facilities (Delete) Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption Golf cart sales and service Hotels, resort hotels, and motels Day care centers Convenience stores, not including the sale of motor vehicle fuel. Uses Permitted by Conditional Use Permit. The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Section 18.28 of this Ordinance: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) Automobile repair garages, body shops, spray painting shops Automobile sales and rental agencies Boat sales, rentals, and services Car washes Drive-in theaters Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity, and other similar equipment Heliports Liquid petroleum service stations, with or without the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed 10,000 gallons Mortuaries Sale, rental, repair, or demonstration of motorcycles, scooters, or motorbikes of two horsepower or greater Animal hospitals Sports and recreational facilities, not including motor-driven vehicles and riding academics, but including archery ranges, athletic fields, beaches, golf driving ranges, gymnasiums, miniature golf, parks, playgrounds, sports arenas, skating rinks, stadiums, and commercial swimming pools Tire recapping Tire sales and services, not including recapping Trailer and boat storage 0rd$\95-01 8 (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) Travel trailers, mobilehomes, and recreational vehicle sales and service Truck sales and services Trucks and trailers; the rental of trucks not over 19,500 pounds gross weight, with body not to exceed 22 feet in length from the back of the cab to the end of the body; and the rental of trailers not exceeding 6 feet in width or 22 feet in length Underground bulk fuel storage (Deleted) All uses permitted in subsection (a) that have more than 200 square feet of outside storage of display of materials Gasoline service stations, with the concurrent sale of beer and wine for off- premises consumption Convenience stores, including the sale of motor vehicle fuel Bars and cocktail lounges Billiard halls Night clubs Teen night clubs Videogame arcades. Section 5. Zone Text Amendment. Section 10.1 "b" and "c", "Uses Permitted," subject to a conditional use permit in the I-P Zone (Industrial Park) of Riverside County Ordinance No. 348 as adopted by the City is hereby amended to read as follows: "ARTICLE X I-P ZONE (INDUSTRIAL PARK) The following regulations shall apply is all I-P Zones: SECTION 10.1. USES PERMITTED. ao The following uses are permitted provided a conditional use permit has been granted pursuant to Section 18.28 of this Ordinance: 1. Airports 2. Heliports 3. Recycling processing facilities 4. Bars and cocktail lounges 5. Billiard halls 6. Night clubs 7. Teen night clubs 8. Video game arcades Ords\95-01 9 Any use that is not specifically listed in subsection a. and b. may be considered a conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections" Section 6. Zone Text Amendment. Section 11.2 "c" and "f", "Uses Permitted," subject to a conditional use permit in the M-SC Zone (Manufacturing - Service Commercial) of Riverside County Ordinance No. 348 as adopted by the City is hereby amended to read as follows: "ARTICLE XI M-SC ZONE (MANUFACTURING - SERVICE COMMERCIAL) SECTION 11.2. USES PERMITTED. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 18.28 of this Ordinance: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) Meat packing plants, not including slaughtering or rendering of animals Cemeteries, crematories, and mausoleums Paper storage and recycling, not within a building Brewery, distillery, or winery Acid and abrasives manufacturing Fertilizer production, organic or inorganic Petroleum and bulk fuel storage, above ground, pursuant to Ordinance No. 546 Paints and varnishes manufacturing and incidental storage Concrete batch plants and asphalt plants Recycling processing facilities (Deleted) Airports Poultry and egg processing Recycling of wood, metal, and construction wastes Natural gas storage, above ground Drive-in theaters Disposal service operations, not including transfer stations Bars and cocktail lounges Billiard halls Night clubs Teen night clubs Video game arcades Orals\95-01 10 fo Any use that is not specifically listed in Subsections (b) and (c) may be considered a conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections." Section 7. Zone Text Amendment. Section 11.26 "c" and "f", "Uses Permitted," subject to a conditional use permit in the M-M Zone (Manufacturing - Medium) of Riverside County Ordinance No. 348 as adopted by the City is hereby amended to read as follows: "ARTICLE XIa M-M ZONE (MANUFACTURING - MEDIUM) SECTION 11.26. USES PERMITTED. ao Go The following uses are permitted provided a conditional use permit has been grated pursuant to Section 18.28 of this Ordinance: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) Auto wrecking and junk yards Abattoirs Cemeteries, crematories, and mausoleums Paper storage and recycling, not within a building Cotton ginning Acid and abrasives manufacturing Fertilizer production, and processing organic or inorganic Petroleum and bulk fuel storage, above ground, pursuant to Ordinance No. 546 Paints and varnishes manufacturing and incidental storage Concrete batch plants and asphalt plants Disposal service operations Drive-in theaters Airports Dump sites Recycling of wood, metal, and construction wastes Sand blasting Gas, steam, and oil drilling operations Sewerage treatment plants Swap meets Smelting metal and foundties Recycling processing facilities Bars and cocktail lounges Billiard halls Night clubs Teen night clubs Video game arcades Ords\95-01 11 fo Any use that is not specifically listed in Subsections (b) and (c) may be considered a conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections." Section 8. Environmental Compliance The City Council determines that this amendment to Riverside County Ordinance No. 348 as adopted by the City of Temecula is exempt from the requirements of the California Environmental Quality Act because adoption of this Ordinance will have no impact on the environment (Section 15061Co)(3) of the CEQA Guidelines). Section 9. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Section 10. Publication The City Clerk shall certify as to the adoption of this Ordinance and cause the same to be posted or published in a manner prescribed by law. Section 11. Vote Required In accordance with Government Code Section 65858, this Ordinance requires a four-fifths vote of the entire City Council if present, or a unanimous vote if all City Council members are not present. Section 12. Effective Date This Ordinance shall be adopted as an urgency measure pursuant to Government Code Sections 36934 and 36937 for the reasons set forth in the declaration of urgency above. This Ordinance shall be effective upon adoption. PASSED, APPROVED AND ADOPTED this 10th day of January, 1995. ATTEST: Jun~r~k, CMC, City~ * ~ [SEAL] Ords\95-01 12 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 95-01 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 10th day of January, 1995, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz '~' ) Clerk (~June S. ' G ree"<'~'M C-~,M C, City Ords\95-01 13