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HomeMy WebLinkAboutOrdinance No. 04-O1• ORDINANCE NO.04_01 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE AZUSA MUNICIPAL CODE TO ALLOW THE FILING OF ANNUAL TEMPORARY USE PERMITS FOR SIDEWALK/PARKING LOT SALES EVENTS AND EXHIBITS FOR A PORTION OF THE DOWNTOWN DISTRICT WHEREAS, the Azusa Municipal Code contains provisions requiring temporary use permits for outdoor displays and events; and WHEREAS, the City Council of the City of Azusa has determined that it would be more efficient to require a singular annual permit for outdoor sales and display events sponsored by the Downtown Business Association; and WHEREAS, the City Council desires to support economic growth and development of businesses in the Downtown District; and WHEREAS, the City Council desires to support the Downtown Business Association's efforts to promote the Downtown District and businesses within the Downtown District, and WHEREAS, the Planning Commission has conducted a public hearing and has recommended that the City Council approve this ordinance, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 88, Section 88-505 is hereby amended by adding (i) as follows: "(i) Downtown Sidewalk/Parking Lot Sales/Exhibits. The Downtown Business Association may make application for an annual temporary use permit to conduct sidewalk/parking lot sales and exhibit events within a portion of the Downtown area, which is specifically described as the properties forming the commercial area along the east and west sides of Azusa Ave. between 5' St. and 9i° St. Application for an annual permit shall be made as described in this Division. Up to 12 sidewalk/parking lot sales and/or exhibit events may be allowed with one annual temporary use permit, subject to the following: (1) The Community Development Director may impose any conditions of approval deemed necessary to protect the public health, safety, and welfare, and the surrounding uses. (2) An annual encroachment permit is required for activities and/or objects placed in the public right-of-way, which may be considered concurrently with the annual temporary use permit process. (3) Each event allowed under the annual permit may be conductedfor a period not to exceed 3 consecutive days. (4) The Downtown Business Association shall provide no less than two weeks of advanced notice to the Community Development Director for the conduct of any event approved under the annual permit. (5) The Community Development Director may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the event site within 7 days of the event's conclusion. (6) The term of the permit shall be one year from the date of approval. (7) The fee for the annual permit shall be as established by the City's adopted schedule of fees and charges." SECTION 2: Chapter 62, Article V, Section 62-162 is hereby amended to read as follows: "Sec. 62-162. Display of goods; solicitation. (a) Except for newspaper racks, covered by article IV of this chapter, no person shall use or occupy any public sidewalk in tocity for the displav of goods, wares or metandise or use the exterior walls of any building abutting upon any public sidewalk, street, alley or passageway for the display of goods, wares, or merchandise, or leave any goods, wares, merchandise, boxes, barrels, trucks or other articles upon any street or public sidewalk or a portion thereof in the city, except as may be permitted Pursuant to Division 11 of Chapter 88. (b) No person shall occupy or obstruct any public street, alley or sidewalk, with or without any stand, box, or other equipment, for the purpose of selling, soliciting or advertising the sale of any goods, wares, or merchandise or for the purpose of giving any demonstrations or exhibition in connection with the sale or solicitation of the sale of any goods, wares or merchandise, except as may permitted pursuant to Division 11 of Chapter 88. However, no person shall be deemed to be occupying or obstructing any street, alley or sidewalk, within the meaning of this subsection while traveling and in motion thereon. Patriotic, religious or charitable organizations shall secure a permit therefore from the chief of police. Stich organizations shall abide by and conform to such regulations issued by the chief of police governing such solicitation." SECTION 3: This project has been found to be Categorically Exempt under the California Environmental Quality Act - Class I (Existing Facilities). SECTION 4: This Ordinance shall be posted in accordance with provisions of the Azusa Municipal Code and shall become effective thirty (30) days from and after the date of its passage. SECTION 5: The City Clerk shall certify the adoption of this ordinance and shall cause the same to be piLblished as required by law. _ of FF.R, 2004. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) 1, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. pZC)lwas regularly introduced and placed upon its first reading at a regular meeting of the City Council on the _2RL day ofFF•R- , 2004. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on thel7th day ofFER , 2004, by the following vote, to wit: AYES: COUNCIL MEMBERSRARDISON,STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCIL MEMBERS:NONE ABSTAIN: COUNCIL MEMBERS:NONE ABS NST: COUNCIL MEMBERSNONE CITY CLERK APPROVED AS TO FORM: