HomeMy WebLinkAbout95_001 PC ResolutionPC RESOLUTION NO. 95-001
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING APPROVAL
OF 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
WHEREAS, it is the Mission of the City of Temecula to maintain a safe, secure, clean,
healthy and orderly community;
WHEREAS, according to State Planning and Zoning Law, a City may adopt locally
appropriate zoning and development regulations;
WHEREAS, 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;
WHEREAS, if such Ordinance were not approved, establishment of nightclubs, teen
clubs, dance halls, bars and cocktail lounges, billiard halls, and video game arcades without a
conditional use permit would be undertaken that may compromise the public health, safety,
and welfare;
WHEREAS, the Planning Commission considered said Ordinance on January 9,1995,
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, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the Commission considered all facts
relating said to Ordinance;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings.
A. The Planning Commission in recommending approval of Ordinance No. 95- ,
requiring a conditional use permit for the establishment of nightclubs, teen clubs, dance halls,
bars and cocktail lounges, billiard halls, and video game arcades makes the following findings,
to wit:
1. The proposed Ordinance requiring a conditional use permit for the
establishment of nightclubs, teen clubs, dance halls, bars and cocktail lounges, billiard halls,
and video game arcades is consistent with the City's General Plan. Policy 1.6 of the Land Use
Element calls for "providing well-defined zoning and development standards and procedures
to guide private sector planning and development." This ordinance will serve to attain this
end.
2. This Ordinance is necessary for the preservation of the public peace,
health and safety, 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 3. Environmental Compliance. The Planning Commission recommends that
the City Council determine 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 15061(b)(3) of the CEQA Guidelines).
Section 4. PASSED, APPROVED AND ADOPTED this 9th day of January 1995.
Gary T~Kornhill, 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 9th day of
January, 1995 by the following vote of the Commission:
AYES:
5 PLANNING COMMISSIONERS:
NOES: 0
ABSENT: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
BLAIR, FAHEY, SLAVEN,
WEBSTER, AND FORD
R:~STAFFRP'I'~CUP-ORD.PC 9/20/02 klb
A'rrACHMENT NO. 2
ORDINANCE NO. 95-
R:'~STAFFRPT~CUP-ORD.PC 9/20/02 klb
ATTACHMENT NO. 2
ORDINANCE NO. 95-
AN ORDINANCE OF ~ CITY COUNCIL OF '~'~: CITY
OF TEMECULA, AMENDING SECTIONS 9.1, 9.$0, 10.1,
11.2, AND 11.26 OF RIVERSIDE COUNTY ORDINANCE
NO. 348, AS ADOPf~ BY THE CITY OF TEIVIECULA,
REQUIRING A CONDITIONAL USE PERMIT FOR
ESTABLL~H1VIENT OF NIGHTCLUBS, ~ CLUBS,
DANCE HALL% BARS AND COCKTAtV. LOUNGES,
BILLIARD HALLS, AND VIDEO GAME ARCADES
'l'liE CITY COUNCIL OF THE CITY OF TEMECULA DOF.~ HERERY ORDAIN
AS FOLLOWS:
Se~ion 1. Findings That the Temecula City Council hereby makes the following
findings:
B. That it is the Mission of the City of Tcmecula to maintain a safe, secure, clean,
healthy and orderly COmmunity;
C. That according to State Planning and Zoning Law, a City may adopt locally
appropriate zoning and development regulations;
D. That it is necessanj to regulate the establishment of nightclubs, teen clubs, dance
halls, bars and cocktail lounges, billiard balls~ and video game arcades through the conditional
use permit process;
E. That if such ordinance were not approved, establishment of such nightclubs, teen
clubs, dance halls, bars and cocktail lounges, billiard halls, and video game arcades without a
conditional use permit would be undertaken that may compromise the public health, safety and
welfare.
Section 2. That notwithstanding any provision of the City of Temeoula Ordinance 90-04,
no person shall establish a nightclub, teen club, dance hal{~ bar and cocl~.aH lounge, bil]iard hall,
and video game arcade without a conditional uae permit. 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 hail, bar and cocktail lounge, billiard Imll~ 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. ,~. Section 9.1, "a" and "d," "Uses Pern~_M_," in tl~
C-1 Zone nnd C-P Zone (General Commercial) of Riverside County Ordiannce No. 348 as
adopted by the City is hereby amended to ~ad as follows:
"Anicle lX
C-I ZONE
C-P ZONE
(GEN'I~AL COMMI~CIAL)
The following regulations shall apply in all C-I Zones and C-P Zones:
SEcTiON 9.1. USES
The following uses are permitted, only in enclosed buildings with not mo~ than 200
square feet of outside slot-age or display of materials appurtenant to such use, provided
a plot plan shn!! have been approved pursuant to provisions of Section 18.30 of this
Ordinnnce:
(1) Ambulance services
(2) Antique shops
(3) Appliance stores, household
(4) Art supply shops and studios
(5) Auction houses
(6) Auditoriums and conference rooms
(7) Automobile repair garages, not including body and fender shops or spray painting
(8) Automobile pans and supply stores
(9) Bakery goods distributors
(I0) Bakery shops, including baking only when incidental to retail sales on the
promises
(I 1) Banks and financial institutions
(12) Barber and beauty shops
(13) Reserved
(14) Reserved
(15) Blneprint and duplicating services
(16) Book stores and binders
(17) Bowling alleys
(18) Catering services
(19) Clennin§ and dyeing shops
(20) Clothing stores
(21) Confectionery or candy stores
(22) Costume design studios
(23) Reserved
(24) Delicatessens
(25) t:~ama~nt stores
(26) Drug stores
(27) Dry goods stores
(28) Employment agencies
(29) Escort bureaus
(30) Fo~I and grain sal~
01) Florists shops
(32) Food markets and frozen food lockers
(33) Gasoline service stations, not including the concurrent sale of beer and wine for
off-premi~es consumption
04) Gift shops
(35) Hotels, resort hotels and motels
06) Household goods sales and ~air, including but not limited to new and used
appliances, furniture, 'carpets, draperies, lamps, radios, and television sets,
including repair thereof
(37) Hobby shops
(38) Ice cream shops
(39) Ice sales, not including ice plants
(40) Interior decorating shops
(41) Jewelry stores with incidental ~
(42) Labor temples
(43) laboratories, film, dental, medical, researeh, or testing
(44) Laundries and laundromats
(45) Leather goods stores
(46) Liquor stores
(47) Lock.smith shops
(48) Mail order businesses
(49) Manufacturer's agent
(50) Market, food, wholesale, or jobber
(51) Massage parlors, turkish baths, health centers, and similar personal service
establishments
(52) Meat markets, not including slaughtering
(53) Mimeographing and addresograph services
(54) Momiaries
(55) Music stores
(56) News stores
(57) Notions or novelty stores
(58) Offices, including business, law, medical, dental, chiropractic, architectural,
engineering, community, planning, real estate
(59) One on-site operator's residence, which may be located in a commercial building
(60) Paint and wall paper stores, not including paint contractors
(61) Pawn shops
(62) Pet shops and pet supply shops
(63) Photography shops and studios and photo engraving
(64) Plumbing shops, not including plumbing contractors
(65) Poultry markets, not including slaughtering or live sales
(66) Printers or publishers
(67) Produce markets
(68) Radio and television broadcasting stations
(69) Recording studios
(70) Refr~hment stands
(71) Restaurants and othor eating establishments
(72) Schools, business and professional, including art, barber, beauty, dance, drama,
music, and swlmmin~
(73) Shoe stores and xepalr shops
(74) Shoeshine sumds
(/5) Sign~, on-site advertising
(76) Sporting goods stores
(77) Stained glass assembly
(78) Stationer stores
(79) Stations, bus, raiLroad, and taxi
(SO) Taxidermist
(81) Tailor shops
(82) Telephone exchanges
(83) Theaters, not including drivo-ins
(84) Tire sales and service, not including recapping
(85) Tobacco shops
(86) Tourist information centers
(87) Toy shops
(88) Travel agencies
(89) Typewriter sales and rental, including incidental rq~irs
(90) Waich repair shops
(91) Wholesale businesses with samples on the prem!~ but not including storage
(92) Car washes
(93) Fortune telling, spiritualism, or silnilsr activity
(94) Recycling collection facilities
(95) Convenience stores, not including thc sale of motor vekicle fuel
(96) Day care centers
(Deleted)
The following uses a~ permitted provided a conditional un p~rmit has ~ granted
pursuant to the provisions of Section 18.28 of this Ordinance:
(I) Sale, rental, repair, or demonstration of motorcycles, scooters, and motorbikes
(2) Drive-in theaters
(3) tteliport.~
(4) 'r *L.'C recapping
(5) Animal hospiUds
(6) Body and fender shops and spray painting
(7) Swap m~ets
(8) All uses permitted in Subsection (a) of this Section that have more th~n 200 sq.
f~. of outside storage or display of materials
(9) Mini warehouse structures
(10) Lumber yards, including only incidental mill work
(11) Building materials sales yards
(12) Und~g~oand bulk fuel storage
(13) Congregate care residential facilities
(14) Convenience stores, including the sale of motor vehicle fuel
(15) Gasoline service stations with the concurrent sale of beer and wine for off-
premises consumption
(16) 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.
(17) Bars and cocktail lounges
(18) Billiard hnll~
(19) Night clubs
(20) Teen night clubs
(21) Videogame arcades."
Section 4. ~. 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:
"ArticlelXb
C-P-S ZONE
SCENIC HIGHWAY CO~CIAL
The following regulations shall apply in all C-P-S Zones:
SECTION 9.50. USES PERMI'rr~D.
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) Ambulance services
(2) Antique Shops
(3) Appliance stores, household
(4) Art supply shops and studios
(5) Auditoriums and conference rooms
(6) Automobile parts and supply stores
(7) Bakery goods distributors
(8) Bakery shops, including baking only when incidental to retail sales on the
premises
(9) Bank~ and financial institutions
(10) Barber and beauty shops
(11) Reserved
(12) Bicycle sales and rentals
(13) Reserved
(14) Blueprint and duplic:,tlng services
(I~ Book stoxcs and binders
(16) Bowling alleys
(17) Otor~g sorvic~
(18) Ceramic sales and manufacturing for on-site ~e~, provided the to~al volume of
l~'ln space doe~ not exceed six.eh (16) cubic feet
(19) Cleaning and dyeing shops
(20) Clothing stores
(21) Confectionery or candy stores
(22) Costume design studios
(23) Re.~rvecl
(24) Delicatessens
(25) Department stores
(26) Drug stor~
(27) Dry goods s~
(28) m~trlcal subr. aticus
(29) F. mployment agencies
(30) ~seort bureaus
(31) Feed and grain sales
(32) Fishing and casting pool~
(33) Flori~ shops
(34) Food marke~ and frozen food lockers
(35) Gift shops
(36) Hardware store~
(37) Household goods sales and r~fir, including but not limited to new and used
appliances, furniture, carpets, draperies, lamps, ~adios, and television sets,
including repair thereof
(38) Hobby shops
(39) Ice cream shops
(40) Ice sales, not including ice plants
(41) Interior decorating shops
(42) Jewelry stores with incidental repairs
(43) Labor t~mples
(44) Laboratories, film, dental, medical, research, or testing
(45) Laundries and launclromats
(46) Leather goods stores
(47) Liquor stores
(48) Locksmith shops
(49) Mail order b~sine.~es
(50) Manufacturer's agent
(51) Market, food, wholesale, or jobber
(52) Massage paxlon, tur~ baths, health centers, and shnilar personal service
eztablishment.~
(53) Meat marke~, not including slaughtering
(54) b,Tim~ographing and addiv,~graph service~
(55) Mobilchomes, provided they ar~ kept mobile and licensed pummnt to state law,
use for.
a. Co~xuction offices and caretaker's quarters on constr~ction sites for the
dumlion of a valid building permit, provicling they are inconspicuously
b. Agricultural worker employment offices for a maximum of 90 days in any
calendar year
c. Caretakers or watchmen and their families provided no rent is paid, where
a permitted and existing commercial use is established. Not mor~ than
one mobilehome shall be allowed for a parcel of land or a shopping center
complex
(56) Music stores
(57) News stores
(58) Notions or novelty stores
(59) Nurseries and garden supply stores
(60) Offices, business
(61) One on-site operator's residence, which may be located in a comme~ial building
(62) Paint and wa/l paper sto~es, not including paint contractors
(63) Parking lots and parking stsuctuses
(64) Pawn shops
(65) Pat shops and pet supply shops
(66) Photography shops and studios and photo engraving
(67) Plumbing shops, not including plumbing contractors
(68) Poultry markets, not including Slaughtering or live sales
(69) Printers or publisher~
(70) Produce markets
(71) Radio and television broadcasting studios
(72) Recording studios
(73) Refreshment stands
(74) Restaurants and other eating establishments
(75) Schools, business and professional, including art, barber, beauty, dance, drama,
music, and swimming
(76) Shoe stores and repair shops
(77) Shoeshine stands
(78) Signs, on-site advertising
(79) Spotting goods stores
(80) Stained glass assembly
(81) Stationery stores
(82) Stations, bus, railroad, and taxi
(83) Taxidermist
(84) Tailor shops
(85) Telephone exchanges
(86) Theaters, not including drive-ins
(87) Tobacco shops
(88) Tourist information c~nters
(89) Toy shops
bo
(90) Travel agencies
(91) Typewriter sales and rental, including incidental ~
(92) Watch repair shops
(93) Wedding chapels
(94) Wholesale businesses with samples on the p~mine, s but not including slorage
(95) Recycling collection facilities
(96) (Deacte)
(97) Gasoline service stations, not including the concur~t sale of beer and wine for
off-pi,~i~fines consmnptlon
(98) Golf cart sales and s~,ice
(99) Hotels, resort hotels, and motels
(100) Day care centers
(101) Convenience stores, not including thc sale of motor vehicle fuel.
Uses Permitted by Conditional Use Permit. Thc following uses arc permitted provided
a conditional use permit ha~ been granted pursuant to the provisions of Section 18.28 of
(1) Automobile repair garages, body shops, spray painting shops
(2) Automobile sales and rental agencies
O) Boat sales, rentals, and services
(4) Car washes
(5) Drive-in theaters
(6) F-quipment 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
(8) Liquid pe~oleum service stations, with or without the concurrent sale of be~r and
wine, provided the total capacity of all tanlc~ shall not exceed 10,000 gallons
(9) Mortuaries
(10) Sale, rental, repair, or demonstration of motorcycles, scooters, or motorbikes of
two horsepower or greater
(11) Animal hospitals
(12) Sports and recreational facilities, not including motor-driven vehicles and riding
academics, but including archery ranges, athletic fields, beaches, golf driving
ranges, gymnasiums, wini~tllre gOlf, park~, playgrounds, spots arenas, skating
rinks, stadiums, and commercial swimming pOOls
(13) Tim recapping
(14) T'u-e sales and services, not including recapping
(15) Trailer and boat storage
(16) Travel trailers, mobilehomes, and recreational vehicle sales and service
(17) Truck sales and services
(18) Trucks and trailers; thc 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 thc end of
tho body; and the rental of trailers not exc_~'2,~4_ inop 6 feet in width or 22 feet in
length
(19) Underground bulk fuel storage
(20) CDele~¢d)
(21) All uses permitted in subsection (a) that have mor~ th~n 200 square feet of
outside sto~age of display of materials
(22) Gasoline service stations, with the concurrent sale of beer and wine for off-
pn~rni.ses consumption
(23) Convenience stores, including thc sale of motor vehicle fuel
(24) Bars and cocktail lounges
(2.5) Billiard halls
(26) Night clubs
(27) Teen night clubs
(28) Videogame arcades.
Section 5. /,gJlr~&fi~alglli~L Section 10.1 'b' and "c", "Uses Permitted,' subject
to a conditional use permit in the I-P Zone (Industrial Parle) of Riverside County Ordinance No.
348 as adopted by the City is hereby amended to read as follows:
I-P ZONE
PAX 9
The following regulations shall apply is all I-P Zones:
SECTION 10.1. USF-~ PHRlVu'rl'ma.
The following uses are permitted provided a conditional use permit has been granted
pursuant to Section 18.28 of this Ordinance:
I. Alerts
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
Any use that is not specifically listed in subsection a. and b. may be considered a
conditionally permitted use provided that tho Planning Director finds that the proposed
use is substantially the same in character and intensity as those listed in the designated
subsections"
Section 6. ~. Section 11.2 "c" and 'F, "Uses Penn~_-_~,' subject
to a conditional use permit in the M-SC Zone (Manufacturing -.Service Comme~Sal) of
Riverside County Ord{~-ce No. 348 as adopted by the City is hereby amended to read as
follows:
M-SC ZONE 0VfANU~AC-rtJRING - SERVICE COMMERCIAL)
SECTION 11.2. USNS
Thc following uses are permi.-_ed provided a conditional usc permit has been granted
pursuant to Section 18.28 of this Ordinance:
(1) Meat packing plants, not including shughtedng or rendering of nn/mnl~
(2) Cemeteries, crematodes, and mausoleums
(3) Paper storage and recycling, not with{n a building
(4) Brewery, distillery, or winery
(5) Acid and abrasives manufacturing
(6) FerdliTer production, organic or inorganic
(7) Petroleum and bulk fuel storage, above ground, pursuant to Ordinance No. 546
(8) Paints and varnishes manufacturing and incidental storage
(9) Concrete batch plants and asphalt plants
(10) Recycling processing facilities
(11) (Deleted)
(12) AL-pons
(13) Poultry and egg processing
(14) Recycling of wood, me.i, and constn~ction wastes
(15) Natural gas stozage, above ground
(16) Driv~-in theaters
(17) Disposal service operations, not including Wander stations
(18) Bars and cock~ail lounges
(19) B{llis~d halls
(20) Night clubs
(21) Teen night clubs
(22) Video game ar~__des
Any use that is not specifically listed in Subsections (b) and (¢) may be considered a
conditionally permitted use provided thnt the Phnnln{ Dir~or finds that the proposed
use is substantially the same in character and intensity as those listed in the designated
subsections."
Section 7. .~,..=~~L Section 11.26 "c' and "F, "Uses Permituxl,"
subject to a conditional use permit in the M-M Zone (Manufacturing - Medium) of Riverside
County Olvllnnnt~ No. 3~ n.~ adopted by the City is hereby nmended to r~ad as follows:
M-M ZONE (MANUFACTURING - MI~IUM]
SECTION 11.26. USES PERlvit'l-l'tu.~.
The following uses a~e permitted provided a conditional use permit has been grated
pursuant to Section 18.28 of this Ordinance:
(1) Auto wrecking and junk yards
(2) Abattoirs
(3) Cemeteries, crematories, and mausoleums
(4) Paper storage and recycling, not within a building
(5) Cotton ginnin
(6) Acid and abrasives manufacturing
(7) Fertili?er production, and processing organic or inorganic
(8) Petroleum and bulk fuel storage, above ground, pursuant to Ordinance No. 546
(9) Paints and varnishes manufacturing and incidental storage
(10) Concrete batch plnnt~ and asphalt plants
(11) Disposal service operations
(12) Drive-in theatcr~
(13) Airports
(14) Dump sites
(15) Recycling of wood, metal, and construction wastes
(16) Sand blasting
(17) Gas, steals, and oil drilling Operations
(18) Sewerage treatment plants
(19) Swap meets
(20) Smelting metni and foundries
(21) Recycling processing facilities
(22) Bar~ and cocktail lounges
(23) Billin~l halls
(24) Night clubs
(25) Teen night clubs
(26) Video game arcades
Any use that is not specifically listed in Subsections Co) and (c) may be considered a
conditionally permitted use provided that the plnnnlng Director finds tb~t the proposed
use i.~ substantially the same in chaFacter and intensity as those ~ in the desig~a~_~c[
subsections."
~h~lon 8. ~lvironmelRal Comollnnc~ ~ City Council determines that this
amendment to Rivel~ide County Ordfnnnce NO. 348, as nd_rn2ted by the City of Temeatla is
this Ordinance will have no impact on the environment (Section 15061(b)(3) of the CEQA
Guidelines).
Stolon 9. ~ The City Council hereby declares that the provisions of this
Ordlna,ce are sevexable and if for any reason a court of competent jurisdiction shah hold any
sentence, paragraph, or section of this oraln~,~ce to be invalid, such decision shall not affect the
validity of the remaining pans of this ordinanex.
Section 10. ~ This Ordinance ~h~l! be in fuU force and effect thirty (30)
days after its passage. The City Clerk sh~]l certify to tho adoption of this Ord|nance. Tho City
Clerk shrill publish 8. summary of this Ordinance alld a certified c.~py of tho fill] text of this
Ordinance shall be posted in thc olT~ce of the City Clerk at least five days prior to the adoption
of this Ordinance. Within 15 day8 from adoption of this Ordinance, the City Clerk shall publhh
a summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and post the same in the offke of the City Clerk.
PASSED, APPROVED AND ADOI'fl~J this 10th day of January, 1995.
ATfEST:
R0N ROBERTS
MAYOR
JUNE $. GI~-~
CITY Cr.P~K
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF T~VlECULA )
I, Sune $. Greek, City Clerk of the City of Temecuh, do hereby certify thst the
foregoing Ordinance No. 95-~ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the ~ day of , 199 and ~hnt theremetex, said
Ordln~nce was duly adopted and passed at a regular meeting of the ~ity Council on the
day of , 199_, by tho following roll call vote:
COUN~E1~:
NOES:
COUNCILMEMBERS:
COUNTERS: