Loading...
HomeMy WebLinkAbout94_036 PC Resolution RESOLUTION NO. 94-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF THE CITY OF TEMECULA VENDOR'S ORDINANCE. WHEREAS, THE CITY OF TEMECULA prepared the Vendor's Ordinance in accordance with the City of Temecula General ?lan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, The Vendor's Ordinance was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered the Vendor's Ordinance on November 7, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, the Planning Commission continued this item at their November 7, 1994, meeting to December 5, 1994; WHEREAS, at said public heating, upon heating and considering all testimony and arguments, if any, of all persons deserving to be heard, the Commission considered all facts relating to the Vendor's Ordinance; NOW, THEREFORE, TItE PLANNING COMMISSION OF TItE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations am true and correct. Section 2. Findings. A. The Planning Commission in recommending approval of the City of Temecula's Vendor's Ordinance, makes the following findings, to wit: 1. Vendors offer the citizens of the community an alternative service. 2. Vendors will promote the public interest by contributing to an active pedestrian environment. 3. The action proposed is consistent with the General Plan Village Center policies which call for pedestrian oriented uses. 4. The action proposed complies with all other applicable requirements of state law and local ordinances. R:Lkaul~PC Resolution 94-036.doc B. The Planning Commission in approving the certification of the Negative Declaration of environmental impact under the provisions of the California Environmental Quality Act, specifically finds that the approval of this Conditional Use Permit will have a di minimis impact on fish and wildlife resources. The Planning Commission specifically finds that in considering the record as a whole, the project involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. This is based on the fact that this all vendors will be located on improved commercial property. The Planning Commission further finds that the City of Temecula is the project proponent and the site is located Citywide, Temecula, California. Furthermore, the Planning Commission finds that an initial study has been prepared by the City Staff and considered by the Planning Commission which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the Planning Commission's determination, including the information contained in the public heating records, on which a Negative Declaration of environmental impact was issued and this di minimis finding is made. In addition, the Planning Commission finds that there is no evidence before the City that the proposed project will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the Planning Commission finds that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in 14 California Code of Regulations 753.5(d). Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment and a Negative Declaration, therefore, is hereby granted. Section 4. Not Applicable. Section 5. PASSED, APPROVED AND ADOPTED this 5th day of December 1994 Gary T~mhill, Planning Director I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th of December, 1994 by the following vote of the Commission: AYES: NOES: ABSENT: 4 PLANN1NG COMMISSIONERS: Fahey, Slaven, Webster and Ford 0 PLANNING COMMISSIONERS: None 1 PLANN1NG COMMISSIONERS: Blair R:\kaul~PC Resolution 94-036.doc 2 ORDINANCE NO. 94- AN ORDINANCE OF TH~ CITY COUNCIL OF ~ CITY OF ~l'l~l~-~tILA PERTAINING TO OUTDOOR VENDORS AND ESTABLL~HING REGULATIONS FOR OUTDOOR VENDING WI~'~F. AS, the City Council of the City of Temecula hereby finds that Outdoor Vending on private propel~ promotes public interest by contributing to an active l~destrian environment, and YVHlfill~b~, the City Conngi~ of the City of Temecula further finds that reasonable regulation of outdoor vending is necessary to protect the public health, safety, and welfare. ~ CITY COUNCIL OF THE CITY OF I'E/vIFA2ULA DOES ORDAIN AS FOLLOWS: Section 1. ~dln~s. That thc Temecula City Council hereby makes thc following findings: A. The planning agency asld City Council find, in approving projects, adopting land use regulations, and taking other actions, each of the following: 1. That the regulations of outdoor vending activities set forth herein are consistent with thc General Plan (because the action proposed is consistent with the General Plan Village Cen~er policies which call for pedestrian oriented uses). 2. Thc proposed use or action complies with all other applicable requirements of state law and local ordinances. Section 2. "Pvmos~. The purpose of this Chapter is to set forth the development standards for the siting of outdoor vendors within thc City limits. The purpose of these standards is to ensure that the design and location of these vendors are consistent with the health, safety, and aesthetic objectives of the City. It is a desire of the City that the design of this community be of thc highest quality, that new development be architectux~y distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme of the community. Recognizing that outdoor vendors offer the citizens of the community an alternative service, the regulations of this Chapter are enacted to: A. Promote public interest by contributing to an active pedestrian environment; B. Set forth the conditions and requirements under which outdoor vendors may be Section 3. Dd'im'tio~. Nor purpose~ of this Chapter, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then, consistent with the context, words used in the present tense Sin~d:~r include the plural: A. 'Applicant' means any person who seeks ~o obtain a vending license pursuant to the procedures and requirements of this Chapter. B. 'Outdoor V~ding License' means a license obtained pursuant to the proc~u~ and requi~ments of this Chapter which p~mits a vemtor to sell food or merchandise from a vending stand on privaie properly subject to the limitations of this Chapter and any other applicable laws. C. 'Outdoor Vendor' means any person who sells food or merchandise from a vending stand. D. 'Private Propen'y' means privately owned, developed, commercial property within the City limits. E. 'PushcaW means any device designed to be moved by human power, including, but not limited to, wagons, or other wheeled containers or conveyances. F. 'Vending' means the ~{e of food or merchandise from a vending stand operating on private p,~pe~y within the City limits. G. 'Vending Stand' means a pushcart, wagon, or any other wheeled vehicle or device which may be moved without the assistance of a motor or which may be towed by motor vehicle to the outdoor vending location and is used for the disphying, storing, or transporting of articles offered for sale by an outdoor vendor. Section 4. ~ A. ~. It shall be unlawful to sell, or offer for sale, any food, beverage, or merchandise from a vending stand on any private propen'y within the City limits without fu's't obtaining an Outdoor Vending License. Existing businesses which legally operate outdoor displays of merchandise prior to the adoption of this Chapter, are not ~cluired to obtain an Outdoor Vending License for a period of one year from adoption of the Ordinance. B. Al~Vlill~iOfi. The application for an Outdoor Vending License shall be signed by the applicant and shall include the following: 1. The name, home, and business address of the applicant, and the name and address of the owner (if other than the applicant) of the vending stsnd to be used in the operation of the vending business. 2. A der~pfion of the type of food, beverage, or merchandise to be sold. 3. A de,seription avxi photograph (includin~ s/gnagc and colors) of any vending stand ~o be used in the operatiori of thc business. 4. A site plan delineating the location of the vending stand. Section S. ~atiali~ltad.~. A. Not later than thirty (30) days after the filing of a completed application for an Outdoor Vending License, the applicant shall be notified of the decision on the issuance or denial of the Outdoor Vending License. 1. Fees shall be established by Resolution of the City Council and shall be paid prior to issuance of an Outdoor Vending License. 2. Licenses to vend outdoor within thc City limits shall be reviewed and approved by the Director of Planning in conjunction with the Business License Registration Program, Building and Safety, and Public Works DepatUnents. 3. There should be at least two-hundred square feet (200 sq. ft.) of useable or recognizable pl,~,a or courtyard area for each allowed vending stand. The vending stand should be free of all obstructions within a six foot (6') perimeter. 4. Locations for vending in the City shall be approved by the Planning Director. Vending locations shall be designated based on the abili~ of the site to safely accommodate the use by not interfering with pedestrian circulation and access or vehicle circulation or parking. The Planning D~rector may require that the vending stand be removed from the location and stored out of public view when not in use. 5. Vending locations may change only upon wriuen request by an applicant and/or Outdoor Vending Licensee and approval of thc Director of Planning. in this Chapter. All vending locations shall be on private prope~/as previously del'reed Section 6. A. A.11 Outdoor Vending Licenses are valid for one year unless revoked or suspended prior to expiration. An application to renew an Outdoor Vending License shall be made not later than sixty (60) days before the expiration of the current Outdoor Vending License. License fee~ and renewal procedures shall be established in accordance with the Business License Registration P~ogram procedures outlined in this Code. Section 7. Prohibited Conduct and Hours of Oneration. conditions: It shall be prohibitnd for any vendor to operate under any of the following 1. Operate between 10:00 p.m. and 6:00 a.m. of the following day unless in conjunction with a special event as set forth in Ordinance No. 348, Section 19.51. 2. Leave any vending stand unattended. 3. Store, park, or leave any vemllng stand within any public right-of-way or on any undeveloped or otherwise vacant property. 4. Sell food or beverages for immediate consumption unless there is a litter receptacle avaihhle nearby for public use. 5. Lenve any location without first picking up, removing, and disposing of all trash or refuse rem:~inlng from sales made from the vending stand. 6. Allow any items Mating to the operation of the vending business to be placed anywhere other than in, or under the vending stand. 7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or other device to increase the selling or disphy capacity of the vending stand where such additional items have not been approved by the Director of Planning. 8. Solicit or conduct business with persons in motor vehicles. 9. Seli anything other than that which the Outdoor Vending License permits. 10. Sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loud spealrer, public addreas system, radio, sound amplifier, or similar device to attract the attention of the public. Section 8. Vendin~ Stand Reouiremene~, A. Every applicant shall submit a photograph or drawing of the vending stand to be used for review during the application approval pmcnss, showing materials, colors, and signage. B. No vending stand shall exceed four fent (4') in width, six feet (6') in length, and eight feet (8') in height. Section 9. A. All vending stands in or from which food is prepa.,~ or sold shall comply with the following requirements: 1. All equipment installed in any part of the vending stand shall be secured in order to prevent movement during wansit and to preveat detachment in the event of a coliisinn 2. Ail utensils shall be stored in order to prevent their being hurled about in thc event of a sudden stop, colli~ion, or overtunL A safety knife holder shall be provided to avoid loose storage of knives. 3. Compressors, auxilinry enghu~, generators, batteries, batte~, chargers, gas fueled water heaters, and simil~r equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible. Section 10. Disulav of Outdoor A. All Outdoor Vending Licenses shall be displayed in a visible and conspicuous location at all times during the operation of the vending business. Section 11. A. No advertising, except the posting of prices, shall be permitted on any vending stand, except to identify the tmme of the product or the name of the vendor. Section 12. D~nial. Susnenslon. and Revocation, A. Any Outdoor Vending License may be denied, suspended, or revoked in accordance with the procedures contained in this Code for any of the following muses: Vending License. Fraud or misrepresentation contained in the application for the Outdoor 2. Fraud or misrepresentation made in the course of canying on the business of vending. 3. Conduct of thc licensed business in such a manner as to create a public nuLsance, or constitute a danger to the public health, safety, welfare, or morals. 4. Conduct which is contrary to the provisions of taxis Chapter. B. Any person wishing to appea~ any denial, suspension, or revocation of an Outdoor Vending License may do so, pursuant to the authority and procedures of Chapter 2.36 of this Code. Section 13. ~i~ A. Any violation of any of the requirements of this Chapter shall be an infraction and any violator may be punished pursuant to Section 1.20 et seq. of this Code/ Section 14. If an~ section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by ihe decision of any court of 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 adopted ~hls Ordinance, and each section, subsection, subdivision, setutmce, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrase, or portions thereof be declared invalid or unconstitutional. Section 1~. The City Clerk shall cause this Ordinnnce to b~ appropriately codified in the Municipal Code. Section 16. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the ~doption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a cerdgied copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adopilon of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmcmbers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 17. PAS~ED AND APPROVED tiffs ~ day of ,19 A'ri'J/ST: RON ROBERTS MAYOR June S. Greek, City Clerk APPROVED AS TO FORM: Gregory G. Diaz, Assistant City Attorney [SEAL] STATE OF CAL~ORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, , City Clerk of thc City of , do hereby certify that thc foregoing Ordinance No. was regularly intreduced and placed upon its first reading at a regular meeting of the City Council on the .. day of , 19 . That thereafter, said Ordinance was duly adopted a~[l passed at a regular meeting of the City Coundl on the ~ day of , 19 , by the following vote, to wit: AYES: COUNCN.2VlEMBF_2~S: NOFS: COUNCILMEMBERS: ABSENT: COUNCILMF_MBERS: ABSTAIN: COUNCILM152MBERS: IUNE S. CITY CL~;.RK R:~TAFFRPTW~NDOR,PC 11/18/~4 ~db 12