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HomeMy WebLinkAbout2022-16 PC ResolutionPC RE SO L U T IO N N O . 2022-16 A RE SO L U T IO N O F T H E PL A N N IN G C O M M ISSIO N O F T H E C IT Y O F T E M E C U L A RE C O M M E N D IN G T H A T T H E C IT Y C O U N C IL A D O PT A N O RD IN A N C E E N T IT L E D , "A N O RD IN A N C E O F T H E C IT Y C O U N C IL O F T H E C IT Y O F T E M E C U L A A M E N D IN G T IT L E 9 O F T H E T E M E C U L A M U N IC IP A L C O D E , A D D IN G C H A P T E R 9.80 SH O P PIN G C A R T S A N D FIN D IN G T H IS O RD IN A N C E E XE M PT FR O M T H E C A L IF O RN IA E N V IR O N M E N T A L Q U A L IT Y A C T (C E Q A ) PU R SU A N T T O C E Q A G U ID E L IN E S SE C T IO N 15061 (B )(3) (L O N G RA N G E PR O JE C T N O . L R2 1-0909)" 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. R ecom m endation. The C ity of T em ecula Plann ing C om m ission hereby recom m ends the C ity C ouncil appro ve Plann ing A pplication N o. LR2 1-0909, a pro posed C ity w ide O rdinance as set fo rth on Exhibit "A ", attached hereto, an d incorp ora ted herein by this refe rence. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of June, 2022. Secretary [SEAL] ) ST ATE 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. 2022-16 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: NOES: 4 0 ABSTAIN: 0 ABSENT: 1 PLANNING COMMISSIONERS: Hagel, Ruiz, Turley-Trejo, Watts PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None 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- 0909) 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 9.80.020 9.80.030 9.80.040 9.80.050 9.80.060 9.80.070 9.80.080 Findings and Purpose. Definitions. Applicability. Shopping Cart Removal, Abandonment, Alteration, Possession Prohibited. Required Theft and Abandonment Prevention Measures. Mandatory Cart Retrieval. After Hours Cart Containment. Maintenance Requirements for Shopping Cart Disabling Devices. 9.80.090 9.80.100 9.80.11 0 9.80.120 9.80.010 Businesses Without Shopping Carts. Authority to Impound. Violation and Penalty. Application to Existing Businesses. 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 wr ecked, 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 own ers 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 perm itted 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 wr itten perm ission of the own er or on-duty manager from the premises of the business establishm ent, 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 Comm unity Development, or such other director or officer designated by the City Manager to administer this chapter. F. "Enforcement personn el" means (1) members of the Riverside County sheriffs depart ment 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 plann ers, code enforcement offi cers, building inspectors, or park rangers; and (3) such other employees of the city as may be designated by the City Manager. G. "Own er" means any person or entity, who in connection with the conduct of a business, own s, leases, possesses, uses, or otherwise makes any cart available to customers or the 2 p u b lic. F o r pu rp o ses of th is ch ap ter, "O wn er" sh all also in cl u de the own er's onsite or designated a g e n t th at pro v id es th e cart s fo r u se by its custom ers. H . "P rem ises" m ean s th e entire area ow ned or leased and utilized by the bu siness esta b lishm e n t th at pro v id es sh op p in g cart s fo r use by cu stom ers, incl uding a parking lot or other p ro p e rty p ro v id e d by th e own er fo r cu stom er parkin g. 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; 3 (b ) N o tifi e s th e p u b lic o f th e p ro c e d u re to b e u tiliz ed fo r au th o riz ed re m o v a l o f th e c a rt fr o m th e b u sin e ss p re m ise s; (c ) N o tifi e s th e p u b lic th a t th e u n a u th o riz ed re m o v a l o f th e ca rt fr o m th e p rem ise s o r p ar k in g a re a o f th e b u sin e ss esta b lishm en t is a v io la tio n o f S ta te an d C ity o f T e m e c u la la w ; ( d ) L ists a te le p h o n e n u m b e r to co n ta ct an d rep o rt th e lo c a tio n o f th e a b a n d o n e d c a rt ; a n d ( e ) L ists a n a d d re ss fo r retu rn in g th e cart to th e own er o r b u sin ess esta b lishm en t. 2 . R e q u ire d S ig n a g e o n P re m ise s. (a ) E v e ry b u sin e ss th a t o w n s o r p ro v id es ca rt s fo r th e u se o f its cu sto m ers w ith in th e C ity o f T e m e cu la sh a ll p o st co n sp icu o u s an d le g ib le sig n s at o r n ea r ea c h e n tra n c e to its p a rk in g lo t an d th e p u b lic en tra n c e d o o rs to its sto re n o tify in g its c u sto m e rs th a t rem o v a l o f ca rt s fr o m th e p rem ise s is p ro h ib ited an d co n stitu te s a v io la tio n o f B u sin e ss an d P ro fe ssio n s C o d e S e c tio n 2 2 4 3 5 .2 et se q . an d C ity o f T e m e c u la M u n ic ip a l C o d e C h ap ter 9 .8 0 . 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 (1 0); 2. That have a physical device installed that prevent said cart from leaving the store. 4 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 M andatory 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 own er shall respond to complaints from the public or notification from City enforcement personnel in a mann er which results in the retrieval of carts within twenty-four (24) hours of receiving the notification. An own er 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 own er 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 own er 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 own er shall inspect, test, and repair all abandoned carts returned to the own er 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 own ed by other businesses, merchants, grocers, or other similar establishm ents, shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the own er or own er'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 imm ediately 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. 5 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 Sheriffs 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. CEOA. 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 Quality 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. 6 PASSED, APPRO VED, AND ADO PT E D 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: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Randi Johl, City Clerk 7