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A. Purpose and Intent. It is the purpose and intent of this section to allow a homeowner with a property of five (5) acres or greater to utilize their residence for occasional weddings or events within the RR and ER districts. Implementation of the regulations and standards within this section will ensure that wedding/event facilities in the RR and ER districts will be conducted in an orderly manner that will not result in a change to the residential character of the surrounding community.
The standards contained below will be placed on properties authorized to hold wedding/events within the RR and ER Districts, based on the parcel size and proximity to existing improvements.
B. Wedding/Event Facilities - General. Wedding/event facilities may be allowed on properties of five (5) acres or greater in the RR and ER districts subject to the approval of a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permit), in compliance with, but not limited to, the following standards:
1. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards) and Section 16.44.230.C.
2. Number of Days/Hours of Operation. The director shall impose reasonable restriction on the number of events that can occur during a week, on which days of the week these can occur and the hours of operation. Specific criteria are contained in Section 16.44.230.C.
3. Sanitary Facilities. The director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department. Additional criteria are contained in Section 16.44.230.C.
4. Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the city at all times.
5. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
a. Signs are allowed only for frontages adjoining a public street;
b. Monument signs shall not be located closer than five feet from a property line;
c. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height;
d. Signs shall be constructed of natural materials;
e. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign;
f. The monument sign shall not be illuminated after 10:00 p.m. on evenings when there are no events and shall be turned off at the conclusion of events;
g. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;
h. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;
i. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.
6. Solid Waste Collection and Disposal. The facility shall include provisions for solid waste, recycling and/or disposal with specific criteria contained in Section 16.44.230.C.
7. Other Conditions. The director shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
C. Site-Specific Development Performance Standards.
1. Days and Hours of Operation. The site may be used for a maximum of two events per week, unless otherwise modified by the permit approval. No more than two events may occur on sequential dates. All events shall begin after 10:00 a.m. and shall be completed by 12:00 a.m.
2. Noise Levels and Monitoring. Noise levels generated from events shall be subject to the following criteria:
a. All noise generated by the event use shall conform to the thresholds established for Zone II of Table 3-6, Exterior Noise Standards of section 16.30.090 (Exterior Noise Standards), and shall be subject to the provisions contained therein;
b. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event;
c. The applicant shall monitor and ensure that the noise levels shall not exceed City of Murrieta noise standards;
d. Any noise generating activities shall be terminated at 10:00 p.m.
3. Ancillary Structures.
a. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;
b. Ancillary structures shall be subject to the setbacks for accessory structures in contained in Table 16.08-1, (Residential Zones General Development Standards Requirements by Individual Zoning District) of section 16.08.020 (Residential Districts General Development Standards) with the exception that structures cannot exceed forty (40) feet in height, and be no larger than 7,500 square feet in size.
4. On-site Parking Requirements.
a. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;
b. Adequate parking must be provided based on maximum occupancy of site. Occupancy will be determined based on the seating capacity of the special event;
c. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
5. Location Requirements. Any parcel where a facility is proposed shall have access to a paved and maintained public street.
6. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event.
7. Sanitary Facilities. Any potable sanitary facilities shall not be located any closer than twenty-five (25) feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit. (Ord. 610-24 § 15, 2024; Ord. 544 § 18, 2019; Ord. 486 § 2, 2014)
A. Purpose and Intent. It is the purpose and intent of this section to provide standards for the location and operation of practice indoor firing ranges ("indoor firing range") by locating indoor firing ranges in appropriate areas with minimal adverse impact on the community and its resources, and providing standards of operation that will protect the public health, safety, and welfare of the community.
B. Indoor Firing Ranges - General.
1. Indoor firing ranges shall be a conditionally permitted use within the Business Park (BP) and General Industrial (GI) zoning districts with conditional use permit approval pursuant to Chapter 16.52 provided that the business conforms to all applicable federal and state standards, all applicable requirements of the Murrieta Municipal Code.
2. Distance Requirements. The establishment of an indoor firing range shall not be permitted within three hundred (300) feet of a K-12 public school, public park, residential zoning district, an off-site or on-site alcoholic beverage sales establishment, or another indoor firing range.
C. Requirements.
1. Every indoor firing range shall be in compliance with the applicable building, environmental, and fire code requirements of the Murrieta Development Code.
2. The applicant shall submit to a criminal background check. If the applicant is an association, firm, corporation, partnership, or other entity comprised of more than a sole proprietor, this requirement shall apply to all principals.
a. Applicant, all principals and applicable employees shall never have been convicted of a felony, or a misdemeanor involving a firearm.
b. Applicant, all principals and applicable employees shall never have been convicted of a violation of law concerning the manufacture, use, possession, or sale of firearms.
3. Indoor firing ranges shall be permitted to operate during the hours of 6:00 a.m. to 10:00 p.m., unless amended by the conditional use permit.
4. The applicant shall provide sufficient and substantial evidence that the proposed indoor firing range is properly designed, constructed and equipped for the proposed firearms to be discharged within the facility.
5. No other weapons, other than firearms, shall be discharged in an indoor firing range.
6. No firearms shall be allowed which have been classified as illegal under state or federal statute.
7. Firearms and safety rules and regulations shall be prominently posted in a general area available to all customers of the establishment. Compliance with those regulations shall be monitored and enforced by facility a range safety officer.
8. A minimum of one range safety officer shall be on duty during operating hours.
a. Range safety officers shall be responsible for:
i. The operation and maintenance of the shooting range.
ii. Inspection of all firearms and ammunition for safe functions and operations.
iii. Protocols shall be established ensuring that firearms or ammunition deemed not safe by the range safety officer shall not be discharged within the indoor firing range.
iv. Ensure all firearms and ammunition at the indoor firing range remains securely stored at all times and in compliance with all applicable laws and regulations.
9. No person, employee, member, or customer of an indoor firing range shall be allowed to enter or leave the premise with a loaded firearm, unless permitted by or exempted by state or federal law.
10. All firearms shall be loaded only on the firing line under the supervision of the range safety officer, unless permitted by or exempted by state or federal law.
11. No drugs or alcohol may be consumed on the property, nor shall the sale of alcohol be permitted on the property.
12. No person shall be allowed to utilize an indoor firing range who the range safety officer, or other employees of an indoor firing range, believes to be under the influence of drugs and/or alcohol.
13. No person shall be allowed to utilize an indoor firing range who the range safety officer, or other employees of an indoor firing range, believes to pose a threat to themselves or others.
14. The Murrieta Police Department shall be contacted immediately if the range safety officer, or an employee, reasonably believes that a person on premises may be a threat to themselves or others.
15. Individuals under eighteen (18) years of age will be allowed to utilize the facility, provided:
a. They are accompanied by parent or legal guardian; or
b. They are under adult supervision and a signed release by the parent or guardian is provided.
16. All persons at the firing line shall wear approved eye and ear protection under the supervision of the range safety officer. All employees of a practice indoor firing line shall receive eye and ear protection and shall receive proper training regarding the use of suitable eye and ear protection. The City holds no liability for the hazardous conditions related to eye and ear damage known to exist at such facilities.
17. The sale and storage of ammunition shall be permitted.
18. The manufacture of ammunition shall not be permitted, unless permitted through the conditional use permit.
19. No person, other than the range safety officer, official employees, or independent contractors hired to maintain the facility shall be permitted beyond the firing line.
20. All doors, gates, and entrances between the firing points and backstop shall be securely locked at all times when a person is engaged in practice shooting.
D. Safety and Management Plan. A detailed safety and management plan shall be submitted in full compliance with the NRA Range Source Book: A Guide to Planning and Construction, published by the National Rifle Association, or by an equivalent guidebook (if applicable) deemed comparable by the Murrieta Police Department and Planning Department. Such information shall include, but not be limited to, the following information:
1. Plans for the installation and maintenance of interior and exterior surveillance cameras installed that can observe the parking lot, lobby, store, firing lines, and all general areas within an indoor firing range and its perimeter. Recordings from the surveillance cameras must be maintained for not less than thirty (30) days and shall be made available to members of the Police Department upon request.
2. Plans for the installation and maintenance of adequate exterior and interior lighting.
3. Protocols shall be developed for the safe display and storage of firearms and ammunition.
4. Protocols shall be developed, with cooperation of the Murrieta Police Department and other public safety organizations, to ensure open lines of communication exists between an indoor firing range and all local public safety organizations.
5. A stormwater diversion plan.
6. A hazardous waste diversion and disposal plan.
7. A plan to reduce exposure to hazardous waste, provide clear air and decrease noise for all employees and customers in accordance with the National Institute for Occupational Safety and Health's (NIOSH) Preventing Occupational Exposure to Lead and Noise at Indoor Firing Ranges, published by the Centers for Disease Control and Prevention.
8. Hours of operation.
9. An affirmative letter signed by the Murrieta Police Chief or designee, detailing that the Department is satisfied with the applicant's consideration of all security related and communication issues regarding an indoor firing range.
10. A plan to mitigate outside noise to the surrounding community.
11. Protocols shall be adopted to ensure that firearms and ammunition deemed unsafe will not be discharged within the firing line.
12. Failure to submit a safety and management plan as required shall be grounds to automatically deny an application for a license.
13. Failure to adequately implement or maintain the safety and management plan shall be grounds for suspension or revocation of the business license.
14. Any future revisions or modifications of the Safety and Management Plan must be approved by the City Planning Department and Police Department. Failure to obtain approval or otherwise disregard, edit, modify, revise or in any way change the Safety and Management Plan on file is grounds for suspension or revocation of the business license.
(Ord. 489 § 2, 2014)
A. Definitions. For purposes of this Chapter, the following definitions shall apply:
1. “Cannabis”, also known as "Marijuana", means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any marijuana derivative. The term "marijuana" shall also include "medical cannabis" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, and "cannabis" as defined in the Business and Professions Code § 19300.5(f), as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety Code § 11362.5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act). Notwithstanding the above, the definition of “cannabis” does not include "industrial hemp".
2. "Cannabis Cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
3. "Cannabis Dispensary" or "Cannabis Dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code § 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis for any reason to any person, group of persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.
4. "Cannabis Processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale use including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates, production of foodstuffs containing cannabis and production of any pill, tablet, liquid, lozenge or other delivery system containing cannabis or any derivative thereof.
5. "Cannabis Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that meets the following:
a. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and
b. Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation; or
c. As otherwise defined under § 26001 of the California Business and Professions Code.
6. "Industrial Hemp" means a crop that is limited to types of the plant Cannabis Sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom, consistent with California Health and Safety Code § 11018.5.
7. "Medicinal Cannabis" or "Medicinal Cannabis Product" means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in California Health and Safety Code § 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
8. “Medicinal Cannabis Delivery Service” means a physical business location in the city with no retail storefront and where the sole purpose and use of the facility is for the storage and logistics to support the delivery of medicinal cannabis.
B. Prohibited Activities. Cannabis cultivation, cannabis processing, cannabis delivery and cannabis dispensaries shall be prohibited activities within the City of Murrieta, except where the city is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of cannabis cultivation, cannabis processing, cannabis delivery, or the establishment or operation of a cannabis dispensary in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
C. Limited Exceptions. Notwithstanding § 16.44.250.B, the following shall be permitted subject to limitations:
1. The retail sale of industrial hemp products, with the exception of foods and supplements for consumption. Cultivation and processing of industrial hemp shall be prohibited activities within the city. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property selling industrial hemp, or on any of the vehicles owned or used as part of the retail sales.
2. Cannabis testing laboratory shall be allowed in the Business Park (BP), General Industrial (GI), and General Industrial-A (GIA) Zone Districts consistent with Table 16.12-1: Use Table for Business Park and Industrial Districts and subject to the conditional use permit requirements specified in § 16.52 and the following miscellaneous operating requirements.
a. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property issued a cannabis testing laboratories permit, or on any of the vehicles owned or used as part of the cannabis testing laboratories. No outdoor storage of cannabis or cannabis products is permitted at any time.
b. Cannabis shall not be consumed or sampled by any testing lab employee, visitor, operator or vendor on the premises of any cannabis testing laboratories.
c. Odor control devices and techniques shall be incorporated in all cannabis testing laboratories to ensure that any odors from testing are not detectable off-site. Cannabis testing laboratories shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the cannabis testing laboratories that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis testing laboratories.
d. Prior to commencing operations, cannabis testing laboratories shall be subject to all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, health department approvals and other zoning and land use permit(s) and approvals.
e. Cannabis testing laboratories permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter or as a result of the loss of any other applicable state or local license.
f. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis testing laboratories to operate within the city, until the State of California, or its respective department or division, reinstates or reissues the state license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis testing laboratories, such revocation or termination shall also revoke or terminate the ability of a cannabis testing laboratories to operate within the city.
3. Medicinal Cannabis Delivery Service.
a. Medicinal Cannabis Delivery Service License Required.
i. No person shall engage in or conduct any medicinal cannabis delivery service within the city without an approved medicinal cannabis delivery service license under this section.
ii. A separate medicinal cannabis delivery service license shall be required for each physical address location within the city.
iii. An application for a medicinal cannabis delivery service license shall be on forms provided by the chief of police or designee, which require all information, permits, licenses, criminal background check results, and other approvals necessary to verify compliance with this section and all applicable laws. The chief of police or designee reserves the right to request and obtain additional information from any business owner and property owner submitting a medicinal cannabis delivery service license application to show compliance with relevant codes and regulations.
iv. Applicants shall execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the operation of the delivery-only medicinal cannabis business, issuance of a permit to a delivery-only medicinal cannabis business, or the prosecution of the delivery-only medicinal cannabis business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws.
v. Insurance Requirements. Applicant shall provide and maintain insurance in the amounts and of the types that are acceptable to the city manager or designee.
vi. The business owner and the property owner, if different, shall each sign the medicinal cannabis delivery service license application form.
v. A medicinal cannabis delivery service license issued pursuant to this section shall expire twelve (12) months after the date of its issuance. Thereafter, a new or renewal license application must be submitted to continue the medicinal cannabis delivery service.
b. Application Requirements. A completed application, together with the application fee in an amount established by resolution of the City Council shall be submitted with all of the following:
i. Site and Floor Plan.
A. A site plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, of the parcel of property on which the proposed cannabis business will be located. The site plan shall include the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel.
B. A floor plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, areas of ingress and egress, and all security camera locations.
ii. Lighting Plan. A lighting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.
iii. Copies of the applicant’s current M-License from the California Department of Cannabis Control.
iv. Odor Control Management Plan. All applications shall submit an adequate on-site odor control management plan such that all odors resulting from the storage or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.
v. Safety and security plan.
vi. Sensitive Uses Information. The names and addresses of all libraries, schools, religious worship institutions, youth activity centers and day care centers and parks within 500 feet as measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building.
c. Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.
d. Operational Requirements.
i. All requirements of the state shall be met at all times, except where local requirements apply.
ii. All business operations must be conducted in conformance with the approved medicinal cannabis delivery service license and all approved plans included therewith.
iii. A city business license shall be obtained prior to operation and maintained in good standing during the entirety of operations.
iv. City Permits. A medicinal cannabis delivery service shall secure all necessary building permits and be required to comply with applicable building, fire, mechanical, and plumbing codes, and state and federal disability access laws.
v. Dimensions. The cumulative size of all structures associated with a medicinal cannabis delivery service shall not exceed 3,000 square feet of gross building area.
vi. Visibility and Signs.
A. No cannabis or cannabis products may be visible from outside the medicinal cannabis delivery service’s fixed location or any delivery vehicles.
B. Signage shall be limited to one wall sign consisting of the property address only and meet the requirements of Murrieta Municipal Code § 16.38.120.J. – Wall Signs.
C. Signs shall contain no advertising of other companies, brands, goods, or services, or of this use.
vii. Hours of Operation. Medicinal cannabis delivery services may only operate during hours authorized by their state license and the Department of Cannabis Control regulations.
viii. Food Products. Medicinal cannabis delivery services shall comply with all state laws and regulations with respect to edible products.
ix. Odor Control Requirements.
A. All medicinal cannabis delivery services shall incorporate and maintain adequate on-site odor control measures pursuant to an approved odor control management plan such that the odors as a result of storing or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.
B. The plan shall incorporate the following elements: filtration system(s) for air purification with a minimum efficiency reporting value (MERV-13) rating or greater, polarized filters with activated carbon inserts, carbon scrubbers, ozone generators, electrostatic air curtains, circulation fans, training measures for employees, and a maintenance log and schedule.
x. All business activities may only occur in a permitted, fully enclosed and secure structure.
xi. Delivery shall be only to qualified medicinal cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code § 11362.7.
xii. Inspected Products. Each medicinal cannabis delivery service shall deliver medicinal cannabis products only after those products have been inspected and quality tested by a qualified third-party testing facility as required by applicable state laws.
xiii. Labeling and Packaging. Prior to sale for a delivery, medicinal cannabis products shall be labeled and placed in tamper-evident packaging. Labels and packages of medicinal cannabis products shall, at minimum, meet the requirements specified under applicable state laws.
xiv. Product Tracking System. Medicinal cannabis delivery services must be compliant with and participating in the state mandated California Cannabis Track and Trace system.
xv. Recordkeeping Requirements. Medicinal cannabis delivery services must comply with Department of Cannabis Control recordkeeping requirements.
xvi. Prohibited Activities.
A. On-Site Sales and Pick-Up Orders. Medicinal cannabis delivery services shall only conduct sales through delivery. On-site sales or order pick-ups are prohibited.
B. Cannabis Paraphernalia Sales. Medicinal cannabis delivery services shall not sell, deliver or advertise for sale any products other than medicinal cannabis or medicinal cannabis products.
C. Sales or delivery to other cannabis businesses (other than to other delivery locations owned by the same entity) is prohibited.
D. A medicinal cannabis delivery service shall not grow, cultivate, manufacture, or process cannabis.
E. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or cannabis at or within 200 feet of the physical address location of a medicinal cannabis delivery service.
F. No loitering shall be permitted within 50 feet of the exterior walls or within the parking area of any medicinal cannabis delivery service.
e. Permitted Locations.
i. A medicinal cannabis delivery service shall be a permitted use in the Business Park (BP) Zone.
ii. A Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses, or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery-only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
A. Residential zones or private residences.
B. Public or private schools.
C. Daycare centers.
D. Churches.
E. Public parks.
F. Youth activity centers.
G. Large medical centers.
H. Any other medicinal cannabis delivery service business.
f. Screening, Safety, and Security Requirements.
i. No public access is allowed within the premises.
ii. Outdoor vehicle storage shall be provided in a secured area with screening methods as provided under § 16.44.130.A “Outdoor Storage Areas” of the Murrieta Development Code.
iii. Secured Site Access. All exterior vehicle parking areas shall be gated and secured. Any gate or barrier across a fire access roadway must meet the Murrieta Fire and Rescue requirements and have specific plans and permits approved prior to installation. A Knox brand key-operated electric key switch keyed to Murrieta Fire and Rescue specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems, such as Opticom, are required and must be installed as directed by the fire marshal and chief of police.
iv. Surveillance Systems. Security surveillance cameras and video recording systems shall be installed, and maintained in good condition, to monitor the entire interior (except bathrooms), main entrance, and exterior areas, including parking areas, of all medicinal cannabis delivery Service physical locations to discourage loitering, crime, and illegal or nuisance activities. The areas to be covered by the security cameras include, but are not limited to, the storage areas, secured parking areas, delivery areas, all doors and windows, and any other areas as determined by the city manager or the city manager's designee. The cameras shall be in use twenty-four (24) hours per day, seven (7) days per week. The camera and recording system must be of adequate quality, color rendition, and a minimum of resolution at eight (8) megapixels per foot at the point of focus to allow for the identification of any individual present in the fixed locations of delivery-only medicinal cannabis operations. Any disruption in security camera images should be cured expeditiously.
v. Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than thirty (30) days and shall be made immediately available to city representatives upon request.
vi. City Surveillance System. A medicinal cannabis delivery service permitted under this section may elect to purchase all necessary equipment to integrate their video surveillance system into any comprehensive video surveillance system currently in place or implemented by the city.
vii. Alarm System. A third-party and centrally monitored fire, robbery, and burglar alarm system shall be installed and maintained in good working condition at the premises.
viii. Right of Inspection. All vehicles and facilities permitted pursuant to this section are subject to inspection by city personnel any time the medicinal cannabis delivery service is in operation. Prior notice of an inspection is not required.
ix. Secure Storage. The use of the facility shall be limited to the storage of medicinal cannabis and medicinal cannabis products solely within a secured, isolated interior environment. All medicinal cannabis and medicinal cannabis products shall be kept in a secured manner during business and non-business hours. Each medicinal cannabis delivery service shall have locked storage at the fixed location for after-hours storage of cannabis and cannabis products. Medicinal cannabis shall be stored in secured rooms, with limited or keycard access, that are completely enclosed or in a safe that is bolted to the floor. Additional details for creating security storage design can be located within “Law Enforcement Evidence and Property Management Guide”, Fourth Edition, 2022, produced by POST Management Counseling and Projects Bureau, California Commission On Peace Officer Standards And Training.
x. Panic Hardware. All entrances and exits of the medicinal cannabis delivery service shall remain locked at all times from outside entry, with entry strictly controlled. All exit doors leading from the facility shall be installed with listed and city approved panic hardware; shall open out, towards the direction of egress; shall be equipped with a listed and approved self-closing mechanism; and shall be equipped with a sealing gasket around the door.
xi. Disposal Requirements. No on-site disposal or composting of cannabis waste is allowed. Use of an authorized third-party waste hauler is required, whom shall be city approved, and approved under the applicant’s waste management plan by Department of Cannabis Control.
xii. Report of Violations. Within 24-hours, the operator shall notify the chief of police of any actions taken by the Department of Cannabis Control to revoke, suspend, or deny an applicant’s ability to operate, including the issuance of a notice to comply, or issuance of a citation.
xiii. Designated Security Liaison. The licensee shall designate a security representative/liaison who can meet with the chief of police or designee regarding any security-related measures and/or operational issues.
g. Delivery/Delivery Vehicle Requirements.
i. GPS Tracking of Vehicles. All delivery vehicles shall be equipped with a Global Position System, hereinafter referred to as “GPS” tracking devices. Data from the GPS tracking system shall be retained for a period of thirty (30) days. GPS data shall be made available to the police department upon request.
ii. Product shall be stored during transport in secure safes.
iii. No product shall be allowed to remain in vehicles without an employee present in the vehicle.
iv. Delivery vehicles shall be stored in approved secured and screened vehicle parking/loading areas only.
v. No publicly accessible parking shall be allowed. Parking areas shall be limited to employee use only.
vi. All delivery vehicles shall be registered with the police department.
vii. A direct communication system between the medicinal cannabis delivery service operator and each driver is required.
viii. In-Transit requirements.
A. Only owners, operators, or employees of the medicinal cannabis delivery service may be present in vehicles during deliveries.
B. No more than the maximum amount of medicinal cannabis permitted under state law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.
C. Delivery vehicles may only travel between fixed locations of the medicinal cannabis delivery service and the residential addresses specified by customers while transporting medicinal cannabis and/or medicinal cannabis products.
D. All delivery drivers shall carry valid identification and proof of employment at a licensed medicinal cannabis delivery service.
E. All delivery drivers shall carry a copy of the medicinal cannabis delivery service regulatory permit, a copy of the delivery request, a form of government-issued identification, and all other information required by state law. The driver shall present these documents upon the request of law enforcement, the city manager, or the city manager's designee.
F. All drivers shall carry an inventory log of medicinal cannabis and medicinal cannabis products being transported.
G. Delivery drivers shall be trained in the process for verifying that medicinal cannabis and medicinal cannabis products are delivered to qualified patients and adult-use customers and that the delivery drivers are trained in the proper usage of medicinal cannabis.
H. Medicinal cannabis and medicinal cannabis products may be transported by one medicinal cannabis delivery service’s physical address location to another medicinal cannabis delivery service’s physical address location if the state licenses for both locations are held by the same licensee.
ix. Vehicle Signage. Due to the potential for the targeted theft of high-value products as contained within a delivery vehicle, and in order to protect the public’s safety and welfare, there should be no vehicle signs or wraps identifying the business, or advertising products related to the business or industry-related products/services.
h. Owner, Operator, and Employee Requirements.
i. All owners, operators and employees must be twenty-one (21) years of age or older.
ii. All owners, operators and employees are subject to a criminal background search.
iii. Convictions. No owner, operator, investor, partner, employee, or agent of a medicinal cannabis delivery service shall have been convicted of a felony or crime of moral turpitude nor has been found by any state or local jurisdiction to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The chief of police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.
iv. Owner/Employee Rosters and Notice of Change. Prior to a change in ownership or employees, the chief of police shall be notified. New ownership and/or employees shall be subject to a background checks prior to commencement of employment, or prior to any change in ownership.
i. Revocation. Any violation of this section, any other provision of this code or state laws relating to cannabis may result in the suspension or revocation of the license issued pursuant to this section.
j. Appeals. Any decision made pursuant to this section may be appealed in accordance with Chapter 2.28 of this code.
D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this municipal code and the State of California.
E. Violations. Any violation of this chapter shall be punishable as provided in § 1.32.010 of this municipal code or any successor section thereto.
F. Conflicting Provisions. If any other provisions of the municipal code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.
G. Severability. If any section, subsection, sentence or clause of this chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 610-24 § 16, 2024; Ord. 602-24 § 3 (part), 2024; Ord. 548 § 1, 2019; Ord. 507 § 3, 2016)
A. Purpose. The purpose of this chapter is to establish the locational regulations for the use of privately owned single-family residential dwelling units and condominiums to minimize the potential adverse secondary effects of such uses on surrounding neighborhoods, to prevent the increase and over concentration of transient uses in residential neighborhoods and zoning districts, impose reasonable limitations to ensure the long-term availability of housing stock in compliance with the housing element of the city’s general plan, and ensure neighborhood compatibility with short-term vacation rentals under the framework of the Development Code. See, also, Chapter 5.27 (Short-Term Vacation Rentals) of this municipal code for additional requirements and definitions, as well as, Section 16.110.020 (Definitions of Specialized Terms and Phrases).
B. Location and Applicability.
1. Hosted short-term vacation rental units shall be permitted in the following zoning designations: RR, ER-1, ER-2, ER-3, SF-1, SF-2, MF-1, and MF-2, and MF-3, subject to compliance with the below criteria:
a. There is capacity for the subject hosted rental unit under the citywide maximum limit of three hundred (300) STVRs; and
b. The hosted rental unit meets all of the applicable requirements contained in this Title 16 and Chapter 5.27 of the Murrieta Municipal Code, as well as all other applicable laws, rules and regulations; and
c. Hosted rental units are prohibited in all other zones within the city limits.
2. Non-hosted short-term rental vacation rental units shall be permitted in the following zoning designations: RR, ER-1, and ER-2, subject to compliance with the below criteria:
a. Within the ER-1, and ER-2 zones:
i. No non-hosted short-term vacation rental unit shall be located within three hundred (300) feet of another non-hosted short-term vacation rental unit; and
ii. The three hundred (300) foot separation distance shall be measured as a radial distance from all property lines of the subject non-hosted short-term vacation rental unit property.
b. There is capacity for the subject non-hosted short-term vacation rental unit within the citywide maximum limit of three hundred (300) STVRs;
c. The non-hosted short-term vacation rental unit meets all of the applicable requirements contained in this Title 16 and Chapter 5.27 of the Murrieta Municipal Code, as well as all other applicable laws, rules and regulations; and
d. Non-hosted short-term vacation rental units are prohibited in all other zones within the city limits.
3. This Chapter shall apply only to privately-owned single-family residential dwellings and condominiums, as defined by Chapter 5.27. Detached permitted habitable structures may be permitted for use for short-term vacation rental purposes (Excluding: accessory dwelling units and junior accessory dwelling units).
4. Any person who rents or leases a single-family residential dwelling, condominium, apartment, or mobile home, shall not be permitted to use of said dwelling for short-term vacation rental purposes.
5. Publicly owned single-family residential dwellings, condominiums, apartments, mobile homes, and those dwellings that are subject to affordable housing covenants imposed or required by the city or any of its affiliated agencies, shall not be used for short-term vacation rental purposes.
6. Mobile or modular homes on leased property shall not be used for short-term vacation rental purposes.
7. Temporary occupancy vehicles, also known as recreational vehicles, inclusive of motor homes, travel trailers, truck campers, camping trailers, and park trailers, fifth-wheel travel trailers, house cars, trailer coaches, slide-in campers, trunk campers, tent trailers, with or without a motor, shall not be used for short-term vacation rental purposes.
8. Tents and similar shelters shall not be used for short-term vacation rental purposes.
9. Garages shall not be used for short-term vacation rental purposes.
10. Temporary use permits, including commercial filming permits, shall not be granted at residential locations with concurrent short-term vacation rental permits.
C. Cap Limitation. Consistent with the maximum number of STVR permits that may be issued by the city under Section 5.27.050 of this municipal code; the maximum number of STVR units that may operate in the city is three hundred (300).
D. Parking. Refer to Table 3-7 “Parking Requirements By Land Use” for operational aspects as it relates to short-term vacation rentals and Table 5.27-01 “Short-Term Vacation Rental Occupancy Limits and Parking Requirements” for on-site parking quantities for short-term vacation rentals.
E. Signs. Refer to Section 16.38.050.C.7 (Short-Term Vacation Rental Temporary Signs) for requirements.
(Ord. 561-20, Exhibit B (part), 2020)
A. Purpose. The purpose of this section is to retain land use authority over the licensing and permitting of land uses associated with massage within the jurisdiction of the City of Murrieta to:
1. Maintain the character, diversity and vitality of the city’s commercial areas and the quality of life of its residents;
2. Preserve the aesthetics of surrounding neighborhoods;
3. Ensure the proposed uses are compatible with adjacent areas and land uses;
4. Appropriately condition any known or anticipated impacts caused by the land use; and
5. Prevent the increase or over proliferation and over concentration of massage businesses within certain areas.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI of this Title 16. Any terms used in this chapter that are not specifically defined under this chapter or Title 16 shall have the same meaning as those definitions provided under Chapter 5.18.
1. Director shall mean the Director of Development Services or designee.
2. Massage shall mean the scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Regulations under this municipal code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning. To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.
3. Massage accessory use shall mean any establishment having a fixed place of business within the city where any person performs massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use. Massage accessory use shall be required to obtain a massage accessory use permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code, unless expressly exempted.
4. Massage establishment shall mean any establishment having a fixed place of business located within the city where any person performs massage. A massage establishment shall be required to obtain a massage establishment permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code.
5. Residential massage establishment shall mean a massage establishment legally operating in a residence in the city as of October 2, 2021, that continuously operates in the residence with a current, valid and authentic massage establishment permit, business license and home occupation permit issued by the city, and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations.
C. Land Use/Zoning Regulations. Businesses where massage is performed as massage establishments, as a massage accessory use, and as a residential massage establishment and shall be subject to the following, in addition to all other requirements contained in Chapter 5.18
and Title 16 of this municipal code and by law:
1. Permitted zone limitations.
a. Massage establishments as a primary use shall meet the following criteria:
i. Are limited to the zones as detailed within Table 16.10 “Use Table For Commercial Zoning Districts”, the Downtown Murrieta Specific Plan Area Zone – MU (Mixed-Use) designation, or certain MU (Mixed-Use) Zones and, or, Commercial Zones in specific plans as determined by the Director.
ii. Are located within areas which function as a commercial land use and is developed as a shopping center, subject to the regulations, site specific standards and provisions of the below criteria and development code. A shopping center for the purpose of this subsection shall possess commercial land use controls, in the form of common lease, common area maintenance agreements for landscaping and parking areas, reciprocal easement agreements for ingress, egress and parking of vehicles, recorded declarations of covenants, conditions and restrictions defining the responsibility of landlord and tenant concerning the standards for the operation and maintenance of the center, or similar rules and regulations intended to preserve the integrity of such a center.
b. Business locations where massage is performed as a massage accessory use with required associated primary land use function, shall be permitted with limitations:
i. As referenced under Table 16.08-1 “Use Table For Residential (Single-Family) Zoning Districts”, Table 16.10 “Use Table For Commercial Zoning Districts”, Table 16.08-2 “Use Table for Residential (Multi-Family) Zoning Districts”, Table 16.10-1 “Use Table For Commercial Zoning Districts”, Table 16.11-1 "Allowable Uses And Permit Requirements For Office Districts", Table 16.12-1 "Use Table For Business Park And Industrial Districts", Table 16.13-1 "Allowable Uses And Permit Requirements For The Innovation Zoning District", and Table 16.14-1 "Use Table For Special Purpose Districts."
ii. Within the Downtown Murrieta Specific Plan Area Mixed Use (MU) land use designation. To qualify it shall provide for a barber shop, beauty salon, tanning salon, hotel, day spa, indoor recreation (health and fitness center), or offices (medical). Within the Civic/Institutional (C/I) land use designation it shall be limited to locations which provide offices (medical), hotels, or indoor recreation (health and fitness centers). Within the Rural Residential (RR), Residential – Single Family 1 (RS-1), and Residential Single-Family – 2 (RS-2) land use designations it shall be limited to locations which provide for residential care homes (up to 8), or residential care homes (up to 14).
iii. At specific plan locations that contain a commercial, and, or, mixed-use land use component. These areas would need to permit beauty and barber shops, tanning salons, health and fitness centers, hotels, medical services – offices, clinics and laboratories, medical services – hospital, assisted living/skilled nursing, recreational facilities, skilled nursing – short-term or similar primary uses as determined by the director. For residential land use locations within specific plans, it shall be limited to assisted living/skilled nursing, skilled nursing – short-term and similar primary uses as determined by the Director.
c. Residential massage establishments shall be limited to existing residential locations within the Single-Family 1 (SF-1) zone and within the Downtown Murrieta Specific Plan Single-Family 2 (SF-2) land use designation. Locations shall be limited to existing locations and only be permissible as a legal non-conforming use pursuant to the provisions of Section 5.18.060.
d. Massage establishments, massage accessory uses, residential massage establishments shall not be permitted in any other zones within the jurisdiction of the city.
2. Distance limitation. A massage establishment, as a primary use, shall be located no fewer than 1,000 (one thousand) feet from another massage establishment (established as a primary use) existing as of October 2, 2021, as measured in a straight line, without regard to intervening structures, from the property line of one massage establishment to the property line of the other massage establishment. Any existing massage establishment, which is located within 1,000 (one thousand) feet of another existing massage establishment as of October 2, 2021, is not required to relocate but is subject to all other provisions of this ordinance for the continued operation and/or transfer of ownership of the massage establishment. If any existing massage establishment desires to change locations after October 2, 2021 to another location less than 1,000 (one thousand) feet from another massage establishment, the relocation shall be subject to all other land use and zoning requirements under this development code, and compliance with this distance limitation is subject to the discretion of the director. This limitation shall not apply to businesses where massage is performed as massage accessory use, or to residential massage establishments, as those terms are defined under this development code.
3. Cap limitation. The maximum number of massage establishments as a primary use within the jurisdiction of the City of Murrieta shall not exceed one (1) massage establishment per every 5,000 (five thousand) inhabitants of the city. For purposes of this section, the total number of inhabitants of the city shall be determined by the most current published data available from the California State Department of Finance, as of the date an application for a massage establishment permit is filed. This limitation shall not apply to the following businesses: (i) businesses where massage is performed as massage accessory use, as that term is defined under this development code; (ii) residential massage establishments, as that term is defined under this development code; or (iii) any existing massage establishment so long as there is no lapse in the timely renewal of a city business license and/or massage establishment permit as required under Title 5 of this municipal code.
4. Existing massage establishments – legal, non-conforming use. Existing massage establishments that do not comply with the land use and zoning limitations imposed upon new massage establishments under subsections C.1, C.2 and C.3 of this section as of October 2, 2021 shall be considered a legal, non-conforming use. Such existing massage establishments shall be required to comply with all other applicable local, state and federal laws, ordinances, rules and regulations, including, but not limited to, Chapter 5.18 of this municipal code and this development code.
5. Compliance with laws. The owner, operator and manager, as those terms are defined under Chapter 5.18 of this municipal code, of any massage establishment, residential massage establishment, or business where massage is performed as massage accessory use, shall also comply with all applicable local, state and federal laws, ordinances, rules and regulations as they may be amended from time to time, including, but not limited to, California Business and Professions Code sections 4600 et seq. (Massage Therapy Act), California Government Code sections 51030 et seq., this Development Code and Title 5 of this Municipal Code.
(Ord. 565-21, Exhibit B (part), 2021)