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HomeMy WebLinkAboutOrdinance No. 92-O7 ORDINANCE NO. 92-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY THE ADDITION THERETO OF SECTION 5.12.087 ESTABLISHING A PROCEDURE TO REGULATE THE SALE OF CHRISTMAS TREES, PUMPKINS AND OTHER SUCH SIMILAR TEMPORARY SALES WITHIN THE CITY OF AZUSA THE CITY COUNCIL OF THE CITY OF AZUSA does hereby ordain as follows: SECTION 1. That Title 5, Chapter 5.12, Section =5.12.87 be added to the Azusa Municipal Code to read as follows: "5 . 12. 087 Notwithstanding any other provision of the Azusa Municipal Code, any property within the City of Azusa which is within a commercial/industrial zone, may be used on a temporary basis for the sale of Christmas trees and related items, pumpkins and other such similar temporary sales uses, provided a permit is first obtained from the City of Azusa in accordance with the procedures set forth hereinafter. No property, however, shall be used for the purpose of temporary sales except as provided for by this ordinance. (a) Any person desiring a permit to conduct the temporary sale of Christmas trees, related items, pumpkins and other such similar temporary sales uses, including temporary rummage sales by non-profit organizations for fund-raising purposes, shall file with the City of Azusa an application for such permit; rummage sales by non-profit organizations shall be limited to two events per year per organization; (b) Such application shall be accompanied by a non-refundable application fee of$50, which fee may be waived by the City Council for organizations which are nonprofit charitable organizations located within the City of Azusa; (c) The application shall include or be accompanied by the following information: 1. The name and address of the applicant; 2. The address(es) where products to be sold are proposed to be displayed; 3. The proposed hours of operation, which shall not be earlier than 7:00 a.m., nor later than 11:00 p.m., unless otherwise approved by the Director of Community Development, or his/her designee; 4. The dates that the property will be used including set up and dismantling time; 5. The types of lighting that shall be utilized; 6. A site plan schematic showing the sales area, off-site parking, location of lighting and any temporary structures; 7. Property owner's permission in writing for the use of the subject property; (d) No permit shall be issued unless a valid seller's permit from the State Board of Equalization, where required, accompanies the permit application; (e) Any permit issued shall be valid only for the location for which the permit is approved and either the permit or a receipt for the permit shall be posted in a conspicuous place on the property; (f) No permit issued in accordance with the provisions set forth herein shall be transferable at any time to any individual or organization other than the permittee; (g) No permit shall be issued unless there has been deposited with the City the sum of$250 to assure that the premises shall be properly cleared prior to the permittee vacating the property. If the premises are cleared and returned to their normal condition, said deposit shall be returned to the applicant. If, however, the property is not cleared and restored to its previous condition to the satisfaction of the City, then the Director of Community Development may authorize the property to be cleared, the cost of which may be offset against the deposit herein provided. Should the cost of clearing the property exceed the sum of $250, the applicant agrees, as a condition of the issuance of any permit pursuant to this section, to reimburse the City for all additional expenses incurred in clearing the property back to its original condition; (h) Any permit issued by the City may have attached to it such conditions as, in the opinion of the City, are necessary in order to ensure that the sale of the permitted items will not interfere with the peace and enjoyment of adjacent and nearby properties; (i) Uses other than Christmas trees or pumpkin sales may be permitted only upon a finding of the Director of Community Development that the use is similar in nature to those mentioned above; (j) Electrical permits shall be obtained from the Building Division for connection of power and lighting for the lot. SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 20th day of JANUARY, 1992 4111/42b "7//1012/41 MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) I, HEREBY CERTIFY that the foregoing Ordinance No. 92-07 was regularly introduced and placed. upon .its first reading at a regular meeting of the City Council on the_ '6th day of January, 1992 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of January, 1992 , by the following vote, to wit : AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABS T: COUNCILMEMBERS: NONE 7/ 7C L K a C