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HomeMy WebLinkAbout06152022 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 15, 2022 - 6:00 PM CALL TO ORDER: Chairman Gary Watts FLAG SALUTE: Vice Chair Lanae Turley-Trejo ROLL CALL: Hagel, Ruiz, Telesio, Turley-Trejo, Watts PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Commission on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary and then, if time remains, email comments will be read . Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Commission on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary and then, if time remains, email comments will be read . Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1.Minutes Approve the Action Minutes of June 1, 2022Recommendation: Page 1 Planning Commission Agenda June 15, 2022 Action MinutesAttachments: PUBLIC HEARING Any person may submit written comments to the Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Commission Secretary at, or prior to, the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Any person dissatisfied with a decision of the Commission may file an appeal of the Commission's decision . Said appeal must be filed within 15 calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 2.Long Range Planning Project Numbers LR 21-0909, an amendment to Title 9 of the Temecula Municipal Code, adding Chapter 9.80 Shopping Carts, Mark Collins Adopt a resolution entitled: PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 9 OF THE TEMECULA MUNICIPAL CODE, ADDING CHAPTER 9.80 SHOPPING CARTS AND FINDING THIS ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PROJECT NO. LR21-0909)" Recommendation: Agenda Report Planning Commission Resolution Exhibit A - Draft City Council Ordinance Notice of Public Hearing Comments Received Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT Page 2 Planning Commission Agenda June 15, 2022 PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, July 6, 2022, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 3 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 1, 2022 - 6:00 PM CALL TO ORDER at 6:00 PM: Chairman Gary Watts FLAG SALUTE: Commissioner Adam Ruiz ROLL CALL: Hagel, Ruiz, Telesio (absent), Turley-Trejo, Watts PUBLIC COMMENT The following individual(s) addressed the Commission on agendized item(s):  Joshua Bielecki (Item #2) CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Telesio absent): Motion by Hagel, Second by Ruiz. The vote reflected unanimous approval with Telesio absent. 1. Minutes Recommendation: Approve the Action Minutes of May 8, 2022 PUBLIC HEARING 2. Planning Application No. PA20 1371, a Development Plan for a 349 unit apartment community built on 15.1 acres located at the terminus of Date Street approximately 900 feet south of Ynez Road, Scott Cooper Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2022-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20 1371, A DEVELOPMENT PLAN FOR A 349 UNIT APARTMENT COMMUNITY BUILT ON 15.1 ACRES LOCATED AT THE TERMINUS OF DATE STREET, APPROXIMATELY 900 FEET SOUTH OF YNEZ ROAD (APNS: 916 400 042, 916 400 042), AND MAKING A FINDING THAT THE PROJECT IS NOT SUBJECT TO FURTHER ENVIRONMENTAL REVIEW UNDER SECTIONS 15182 2 AND 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Approved the Staff Recommendation with the revision of Condition of Approval No. 118, and adding a new Condition regarding reimbursement agreement (4-0, Telesio absent): Motion by Hagel, Second by Turley-Trejo. The vote reflected unanimous approval with Telesio absent. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:51 PM, the Planning Commission meeting was formally adjourned to Wednesday, June 15, 2022, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Gary Watts, Chairperson Luke Watson, Deputy City Manager 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and Members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: June 15, 2022 PREPARED BY: Mark Collins, Assistant Planner PROJECT SUMMARY: Long Range Planning Project Numbers LR21-0909, an amendment to Title 9 of the Temecula Municipal Code, adding Chapter 9.80 Shopping Carts CEQA: Categorically Exempt Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061 (b)(3) RECOMMENDATION: Adopt a Resolution of the Planning Commission recommending that the City Council of the City of Temecula adopt an ordinance amending Title 9 of the Temecula Municipal Code, adding Chapter 9.80 Shopping Carts and find this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (b)(3). BACKGROUND SUMMARY The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and to make necessary additions. The proposed amendments to the Temecula Municipal Code include amendments to Title 9 Public Peace, Morals and Welfare. Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 Zoning (Development Code) of the Temecula Municipal Code. The proposed ordinance is outside of the purview of the Planning Commission, in that it is not an amendment to Title 17, however, staff feels it is important for the Planning Commission to review these proposed changes as this proposed ordinance will place requirements on future development within the City that proposes to provide shopping carts. 2 Abandoned and stolen shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic on streets, sidewalks, and private property. This proposed ordinance codifies primary responsibility with the business owner for preventing theft and prompt retrieval of shopping carts that have been taken off the premises of the business having provided them. Enacted in 1997, Chapter 19 of the California Business and Professions Code (sections 22435 to 22435.13) known as the “California State Shopping Cart and Laundry Cart Law,” limits a city in the manner by which shopping cart abatement and impoundment is conducted. Nevertheless, the California Business and Professions Code does permit cities to develop an ordinance to eliminate the accumulation of abandoned shopping carts within city limits so long as it does not conflict with State law. The proposed ordinance is consistent with State law in making it unlawful to remove a shopping cart from a business premises or to possess it after it has been removed, require prompt (24-hour) retrieval of carts when notified and requiring physical theft prevention measures be installed at businesses or shopping centers providing shopping carts for customer use. Those theft prevention measures include and are limited to: 1. Utilizing a deposit or token system for cart use; 2. Providing carts directly for sale or rent; 3. Install perimeter disabling device; and 4. Any combination of the above to prevent theft. Additionally, the ordinance would require signage be installed on all shopping carts and at all customer entrances stating the removal of a shopping cart from the owner’s property is a violation of Temecula Municipal Code. Lastly, the Director of Community Development is empowered to require any other active or passive theft prevention measure(s) to ensure compliance. City staff hand delivered a total of 82 outreach packets, between March 28th and 31st 2022, to all known businesses that provide shopping carts for customer use. Each packet included a copy of the draft ordinance, business card, and a letter explaining the impetus for the ordinance as well as requesting feedback. Comments provided by local businesses are located in Attachment 4. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise June 2, 2022. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed City Council Ordinance No. 2022-__ is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments pertain to the maintenance of shopping carts and will not increase the intensity or density of any land use. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines if the ordinance is adopted. 3 ATTACHMENTS: 1. Planning Commission Resolution 2. Exhibit A – Draft City Council Ordinance 3. Notice of Public Hearing 4. Comments Received PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 9 OF THE TEMECULA MUNICIPAL CODE, ADDING CHAPTER 9.80 SHOPPING CARTS AND FINDING THIS ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PROJECT NO. LR21-0909)” Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions to Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code. B. The Planning Commission, at a regularly scheduled meeting, considered the proposed amendments to Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code on June 15, 2022, at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit “A”. D. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments pertain to the maintenance of shopping carts and will not increase the intensity or density of any land use. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR21-0909, a proposed Citywide Ordinance as set forth on Exhibit “A”, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of June, 2022. Gary Watts, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2022-XX was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of June, 2022, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 22- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 9 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 9.80 (SHOPPING CARTS) AND FINDING THIS ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PROJECT NO. LR21- 0130) WHEREAS, shopping carts are routinely abandoned on the City of Temecula’s (City) streets and rights-of-way; WHEREAS, the presence of abandoned shopping carts is found to be a public nuisance and contributes to a decline in the quality of life; WHEREAS, the abundance of abandoned shopping carts on the City’s rights-of-way encourages crime, tends to reduce property values, and is a blight on the community; WHEREAS, abandoned shopping carts also obstruct pedestrian access, interfere with pedestrian and vehicular traffic, and emergency services; WHEREAS, the presence of abandoned shopping carts in City waterways disrupts waters natural flow and drainage, and contributes to environmental degradation; and WHEREAS, the City Council finds the standards set forth in this ordinance are necessary to protect the environment, public safety and quality of life of the residents of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 9.80 (Shopping Carts) is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code to read as follows: “Chapter 9.80 – Shopping Carts Sections: 9.80.010 Findings and Purpose. 9.80.020 Definitions. 9.80.030 Applicability. 9.80.040 Shopping Cart Removal, Abandonment, Alteration, Possession Prohibited. 9.80.050 Required Theft and Abandonment Prevention Measures. 9.80.060 Mandatory Cart Retrieval. 9.80.070 After Hours Cart Containment. 9.80.080 Maintenance Requirements for Shopping Cart Disabling Devices. 2 9.80.090 Businesses Without Shopping Carts. 9.80.100 Authority to Impound. 9.80.110 Violation and Penalty. 9.80.120 Application to Existing Businesses. 9.80.010 Findings and Purpose. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Temecula. The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The intent of this Chapter is to ensure that measures are taken by store owners to prevent the unauthorized removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of this Code and to facilitate the retrieval of abandoned shopping carts as permitted by State law. Further, this Chapter is intended to supplement existing State law regarding shopping carts as set forth in California Business & Professions Code section 22435, et seq. 9.80.020 Definitions. The following words and phrases, whenever used in this chapter, shall mean as follows: A. “Abandoned shopping cart” means any shopping cart that has been removed without written permission of the owner or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. B. “Applicant” means any person who seeks to obtain a business license pursuant to the procedures and requirements of this chapter. C. “City” means the City of Temecula. D. “Customer” means any person who enters the premises of a retail establishment. E. “Director” means the Director of Community Development, or such other director or officer designated by the City Manager to administer this chapter. F. “Enforcement personnel” means (1) members of the Riverside County sheriff’s department or such other police agency under contract to provide police services to the city; (2) persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, directors, senior planners, code enforcement officers, building inspectors, or park rangers; and (3) such other employees of the city as may be designated by the City Manager. G. “Owner” means any person or entity, who in connection with the conduct of a business, owns, leases, possesses, uses, or otherwise makes any cart available to customers or the 3 public. For purposes of this chapter, “Owner” shall also include the owner's onsite or designated agent that provides the carts for use by its customers. H. “Premises” means the entire area owned or leased and utilized by the business establishment that provides shopping carts for use by customers, including a parking lot or other property provided by the owner for customer parking. I. “Shopping cart” or “cart” means a basket including, but not limited to a grocery store shopping cart, which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind. 9.80.030 Applicability. A. All businesses whose business operations would provide any shopping cart(s) for customer or public use. B. Any person in possession of a shopping cart off the owner’s premises and without the owner’s written permission pursuant to the provisions of Temecula Municipal Code 9.80.040. C. This chapter shall not apply to shopping carts that are removed by an authorized servicer for repair and/or maintenance. 9.80.040 Shopping Cart Removal, Abandonment, Alteration, Possession Prohibited. A. It shall be unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written permission of the owner or on-duty manager of the business establishment. 1. Written permission shall be valid for a period not to exceed seventy-two (72) hours. B. It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment. 9.80.050 Required Theft and Abandonment Prevention Measures. Every owner who provides any shopping carts for customer use shall implement, and maintain the following theft prevention measures: A. Signs. 1. Required Signage on all Shopping Carts: (a) Identifies the owner of the cart or the name of the business establishment, or both; 4 (b) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises; (c) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State and City of Temecula law; (d) Lists a telephone number to contact and report the location of the abandoned cart; and (e) Lists an address for returning the cart to the owner or business establishment. 2. Required Signage on Premises. (a) Every business that owns or provides carts for the use of its customers within the City of Temecula shall post conspicuous and legible signs at or near each entrance to its parking lot and the public entrance doors to its store notifying its customers that removal of carts from the premises is prohibited and constitutes a violation of Business and Professions Code Section 22435.2 et seq. and City of Temecula Municipal Code Chapter 9.80. B. Theft Prevention Measures. Specific prevention measures shall be implemented by owners to prevent shopping cart removal from the premises. Allowed measures include: 1. Installing perimeter disabling devices on all shopping carts; or 2. Security deposit required for use of all shopping carts; or 3. The rental or sale of shopping carts that can be temporarily or permanently used for transport of purchases; or 4. Any combination of the above measures as necessary to effectively prevent shopping cart removal from the premises to the satisfaction of the Director. C. Any other active or passive theft prevention measure(s) deemed necessary by the Director to ensure compliance with Chapter 9.80 of the Temecula Municipal Code. D. Exemptions. Section 9.80.050 (B) shall not apply to businesses that supply shopping carts: 1. In quantities of less than ten (10); 2. That have a physical device installed that prevent said cart from leaving the store. 5 E. Exemptions from physical measure implementation stated within Section 9.80.050 (D), shall not be applicable for any business whose shopping cart(s) was located off site more than three times in any twelve (12) month period. Each shopping cart shall count as one occurrence. 9.80.060 Mandatory Cart Retrieval. Every business owner who provides any shopping carts for customer use shall demonstrate, to the satisfaction of the Director, that (1) carts will be actively located within one mile of the business premises, and (2) that the owner shall respond to complaints from the public or notification from City enforcement personnel in a manner which results in the retrieval of carts within twenty-four (24) hours of receiving the notification. An owner may contract with a vendor for cart retrieval services. Written authorization from the owner shall be maintained by the vendor and provided to any enforcement personnel upon request. 9.80.070 After Hours Cart Containment. All shopping carts shall be secured in a manner to prevent theft during the hours that the business establishment is not open for business. 9.80.080 Maintenance Requirements for Shopping Cart Disabling Devices. Any owner who has shopping carts equipped with disabling devices shall conduct regular maintenance to ensure the disabling devices are working properly. If at any time, the owner determines the disabling device installed on a shopping cart is not functioning properly, the shopping cart shall be pulled from circulation until it is repaired. The owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned shopping carts available for use. 9.80.090 Businesses Without Shopping Carts. A business, which may not own, rent, lease, or otherwise possess its own shopping carts, but which receives a benefit by the use of shopping carts owned by other businesses, merchants, grocers, or other similar establishments, shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the owner or owner’s agent to retrieve any shopping carts that are left on the business’ premises. 9.80.100 Authority to Impound. A. Pursuant to California Business and Professions Code Section 22435.7, the City may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by Temecula Municipal Code Section 9.80.050(A). B. The City may retrieve and immediately dispose of any abandoned shopping carts that lack the required signage required by Temecula Municipal Code Section 9.80.050(A). 9.80.110 Violation and Penalty. 6 A. Violation of any provision this chapter is subject to enforcement pursuant to the provisions of Chapters 1.20 of Title 1 of this code. Violations are also subject to administrative citations pursuant to Chapter 1.21 of Title 1 of this code. The provisions of this chapter may be enforced by members of the Riverside County Sheriff’s Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 and 1.21.020 of this code or its successor sections. B. Any business owner who provides any shopping carts for customers and is operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to, or in lieu of, prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such business establishment. 9.80.120 Application to existing businesses. A. All requirements set forth in this chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all existing and proposed businesses that provide any shopping carts for customer use within one (1) year after ordinance adoption. 1. Shopping carts may be replaced or upgraded as a complete set for the business or through attrition as they complete their lifecycles, so long as all shopping carts meet the requirements of this chapter by September 9, 2023.” Section 2. CEQA. The City Council finds and determines that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Accordingly, this Ordinance is not subject to the requirements of the California Environmental Qualit y Act (CEQA) pursuant to Sections 15061(b) (3) of Division 6 of Title 14 of the California Code of Regulations. Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take affect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law. 7 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of August, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 22- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of July, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of August, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: LR21-0909 APPLICANT: City of Temecula PROPOSAL: A resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled, “An ordinance of the City Council of the City of Temecula Amending Title 9 of the Temecula Municipal Code to add Chapter 9.80, Shopping Carts, and finding this Ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) (Long Range Project No. LR21-0909).” ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is categorically exempt from environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15061 (b)(3) if the ordinance is adopted. CASE PLANNER: Mark Collins, (951) 506-5172 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: June 15, 2022 TIME OF HEARING: 6:00 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. CA LIFO RN IA RETAILERS ASSOCIATION Consumers Econom y Jobs April 29, 2022 Mark Collins Temecula Assistant City Planner Via email Re: Draft Shopping Cart Ordinance Dear Mr. Collins: The California Retailers Association (CRA) has concerns with the draft shopping cart ordinance in the City of Temecula. Specifically, the limited options proposed as physical security measures, the vagueness of what any other active or passive theft prevention measure would be, and no exemption for small business/retailers. Unfortunately, this draft ordinance focuses on punishing retailers for the theft of their property. CRA is the only statewide trade association representing all segments of the retail industry including general merchandise, department stores, mass merchandisers, restaurants, convenience stores, supermarkets and grocery stores, chain drug, and specialty retail such as auto, vision, jewelry, hardware and home stores. CRA works on behalf of California's retail industry, representing over 400,000 retail establishments with a gross domestic product of $330 billion annually and employs over 3 million people-one fourth of California's total employment. Retail is also a significant source of sales tax revenue for local governments. Our members do not want their shopping carts stolen and already have a financial interest in preventing theft. This draft ordinance would compel retailers, and as written any business with any amount of shopping carts, to update to their entire cart inventory at a significant cost, placing a particularly hefty burden on small businesses that are not exempted. Perimeter disabling devices and security deposit mechanisms are not easily added on to existing carts and offering a cart for sale or rent as if it is a reusable bag is unrealistic. Additionally, CRA would like clarity and examples as to what are other active or passive theft prevention measures that may be compliant. Uncertainty and confusion could lead to additional costs if businesses try to comply by are ultimately out of compliance. Notably, there is already state law on this issue that allows for penalties for retrieval and impoundment/sale of unclaimed carts (BPC Div. 8 Chap. 19 Section 22435 - 22435.8). CRA respectfully asks that the City of Temecula takes our concerns into consideration that: expands and clarifies the definition of acceptable physical measures, and exempt small businesses with up to ten (10 ) shopping carts available. We welcome the opportunity for further dialogue on this issue and look forw ard to a co nversation on how we can work collaboratively on workable solutions to this important issue. Please do not hesitate to contact me directly at 916/443- 1975 or via email at Ryan@calretailers.com. Sincerely, P;r~( Ryan Allain Manager, State and Local Government Affairs California Retailers Association 1121 L Street, Suite 607 • Sacramento, CA 95814 • P: 916/443-1975 • www.calretailers.com Mark Collins From: Sent: To: Cc: Subject: Attachments: April Payne <april_payne@tjx.com> Tuesday, April 26, 2022 2:06 PM Mark Collins Tim Miller; Tracy Eddington; April Payne; Lorraine Gustie; Teresa Bell T0702, Temecula CA - Shopping Cart Ordinance T0702 Temecula, CA - STORE SIGN.doc; T0702, Temecula CA - LABELS.doc CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Collins, Below are the measures we have taken in our Temecula TJ Maxx location to be within guidelines of the Temecula Shopping Cart Ordinance: l. Shopping Carts are equipped with Gatekeeper locking system 2. Signs will be attached to each cart along with posted in the store near the front doors notifying customers about cart removal (Attached are the templates) 3. Store is set up with Cart Retrieval: Christopher Valladares Office Admin Phone 818.817.6708 Email: Christopher@ retailms.net Web: www.retailsolutionshq.com 1020 N. Lake Street, Burbank, CA 91502 Please let me know if you require anything further. Thank you April Payne Administrative Assistant To/ Cindy England, SRVP - Field Operations Tracy Eddington, AVPD- Field Operations TJ Maxx Zone 3 Office She/Her/Hers /18100 Von Karman Ave Ste.600 /Irvine, CA 92612 949.561.9131 april payne@tjx.com 1 T J M A X X #7 02 T e m e c u la , C A 2-14 x 14 SIG N S PO ST ED AT ENTR A N C E A N D EXIT: R EM O VA L O F SH O PPIN G CA R TS IS PR O H IB ITED BY CA LI FORNIA STATE LAW Section 22435 of the California Business and Professions Code states that a person wrongfully removing or possessing a shopping cart is subject to civil and/or criminal penalties. Any removal of a cart requires written permission of store owner. Please do not remove the carts from the premises. If you need assistance please contact a Store Associate. Thank you. T J Maxx #4 702 26427 Ynez Rd. Temecula, CA 92591 951-296-9413 TJ MAXX #702 Temecula, CA SHOPPING CART LABELS TJ Maxx #702 26427 Ynez Rd. Temecula, CA 92591 Abandoned Shopping Carts? Please contact store at 951-296-9413 California Shopping Cart Theft Lay Unauthorized removal from premises & parking area or unauthorized possession of a shopping cart is a violation of Law. B&P CODE SECTION 22435.2 et seq. and City of Temecula Municipal Code Chapter 9.80. Thank you