HomeMy WebLinkAboutOrdinance No. 2437 ORDINANCE NO. 2437
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA AMENDING THE AZUSA
MUNICIPAL CODE CREATING CONDITIONAL USE
PERMIT AND OTHER REQUIREMENTS FOR SWAP
MEETS, FLEA MARKETS AND SIMILAR USES
(CODE AMENDEMENT NO. 166) .
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN
AS FOLLOWS:
SECTION 1. The City Council of the City of
Azusa does hereby find, determine and declare that:
A. There are currently no regulations in the
Azusa Municipal code relating to the operation of
swap meets, flea markets, secondhand stores,
antique stores or other similar businesses; and
B. Such business, while adding to the commercial
activity within the City, create negative impacts
on neighboring properties; and
C. Without adequate controls, such business
detrimentally affect parking, trash collection,
security, and crowd control in the vicinity of such
uses; and
D. In order to adequately regulate such uses, the
City Council has determined that such uses should
be regulated under the City' s conditional use
permit process; and
E. The public interst, consent, and necessity
require that the Azusa Municipal code be amended as
recommended by the Planning Commission.
F. On November 29, 1989 , the Planning Commission
of the City of Azusa held a duly noticed public
hearing, at which time the Planning Commission
recommended to the City Council by Resolution 89-
102 that the Azusa Municipal Code be amended to
provide that a conditional use permit be requested
• for any swap meet, flea market, secondhand store,
farmers market, antique store, pawn shop or other
similar use for its operation within the City of
Azusa; and
G. On January 15, 1990, the City Council
conducted a duly noticed public hearing on said
matter and received oral testimony and written
materials from the staff and the public. The
council continued consideration of the matter to
its meeting of February 5, 1990 at which time it
received testimony from Mr . James Edwards Jr . The
council has carefully considered all of the
evidence presented before the Planning Commission
and the Council .
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SECTION 2. Chapter 19.80 of the Azusa Municipal
Code, consisting of Sections 19.80.010 to 19.80.090, is
hereby added to the Azusa Municipal Code to read as follows:
"19.80.010. PURPOSE AND FINDINGS. The purpose of
this chapter is to establish a comprehensive set of
regulations applicable to swap meets, flea markets and
other similar uses of property located within the
City. The City Council finds and determines that swap
meets, flea markets and other similar uses pose special
land use problems for the City because of the small
areas of such uses and the increased intensity of
commercial use where many different retail establish-
ments are operating out of a central location.
"19.80.020. DEFINITIONS. In addition to the
definitions contained in Chapter 19.04, the following
words and phrases shall, for the purposes of this
Chapter, be defined as follows, unless it is clearly
apparent from the context that another meaning is
intended:
A. "Swap Meet" shall mean an open-air or fully or
partially enclosed place whereon the sale or barter
of new or secondhand materials and objects is done
by vendors that rent space or occupy space on a
periodic basis including, but not limited to, daily
or weekly.
B. "Flea Market" shall mean an open-air or
enclosed market for sale of new and secondhand
articles by two or more vendors.
C. "Secondhand Store" shall mean a place wherein
any used or reconditioned articles are sold to the
public whether or not such activity is done for
profit, or charitable purposes by any person, firm,
corporation, or organization.
D. "Farmers Market" shall mean a place whereon
one or more vendors displays or sells produce in an
open-air location either from a vehicle or stand.
E. "Antique Store" shall have the same meaning as
a secondhand store.
F. "Pawn Shop" shall mean a place of business
wherein money is loaned on the security of personal
property left at said place of business.
19.80.030. SPECIAL REGULATIONS. All uses subject
to the provisions of this chapter shall comply with all
of the regulations contained in this chapter including,
but not limited to, the following regulations:
A. That prior to establishing or conducting of
any business defined in Section 19 . 80 .020 of this
chapter , a conditional use permit therefor shall be
obtained pursuant to the provisions of Chapter
19.60; and
B. That no business defined in Section 19 .80.020
shall be granted a conditional use permit unless
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the lot upon which said business is proposed is
located:
1. In the C-3, M-1 or M-2 zone; and
2. Is not within one hundred (100) feet of
any lot classified in any residential zone,
either within or outside the city limits of
the City of Azusa; and
3. Is not within five hundred ( 500) feet of
any other business defined in Section
19.80.020.
C. That any business defined in Section 19 .80.020
shall provide off-street parking as follows: One
( 1) parking space per vendor plus one (1) parking
space per one hundred (100) square feet of floor
area or ground area utilized as sales or display
area. All required parking shall be provided on
the same property as the location of the business
defined in Section 19.80.020.
D. A minimum of five hundred ( 500) square feet of
floor or ground area shall be provided per vendor .
E. Restroom facilities and fixtures shall be
provided in accordance with standards set forth in
the Uniform Plumbing Code adopted by Section
15.04.010 and based on the building occupancy load
for assembly purposes. Open-air businesses shall
provide permanent separate restroom facilities for
men and women as required by the Community
Development Director.
F. Hours of operation shall be determined by the
Planning Commission.
G. Refuse facilities shall be provided for the
disposal of rubbish as determined by the Community
Development Director.
H. All aisles within a building shall provide a
minimum of ten (10) feet of unobstructed clearance
for public movement.
I . All aisles in open-air facilities shall
; provide a minimum of twenty-five ( 25) feet of
unobstructed clearance for public movement.
J. All open-air facilities shall provide access
and turning areas as determined by the Fire
Department for fire and rescue purposes.
K. On-site private security shall be provided as
determined by the Community Development Director .
L. All parking and open-air vendor areas shall be
maintained free of trash, debris and cast-off items
and shall be swept or vacuumed at the close of
business each day.
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M. The owner of a business defined in Section
19.80.020 and the owner of the property on which it
is located shall submit a plan for the safe
evacuation of persons from the property in the
event of an emergency. The plan shall be approved
by the Police Department and the Fire Department.
N. The Community Development Director and/or the
Planning Commission may impose such other condi-
tions or regulations as they deem appropriate to
provide for the public peace, health and safety.
"19.80.040. GRANTING PERMIT - FINDINGS AND
CONSIDERATIONS. The Planning Commission may not grant a
Conditional Use Permit for any use subject to the provi-
sions of this chapter unless it finds that such use at
the proposed location will be consistent with the goals
and objectives of the Azusa General Plan, and that its
operation will not adversely affect the public peace,
health, safety, general welfare or surrounding property
values. In granting such a permit, the Planning
Commission may impose such conditions as are necessary
and proper to prevent any such adverse effect. In
determining whether a Conditional Use Permit will be
granted or, if granted, the nature and extent of the
conditions imposed thereon, the Planning Commission
shall consider the following:
A. Nature and use of real property within five
hundred ( 500) feet of the use;
B. Appropriate measures to provide proper mainte-
nance of the site, including keeping the premises and
surrounding areas free of junk, litter and debris;
C. Off-street parking to be provided for the use,
including lease arrangements if parking is not provided
on the site;
D. Layout of the operation, whether indoors or
outdoors, including all structures, whether permanent or
temporary, utilized for the operation of the use.
E. Provisions of on-site security and traffic
controls, to satisfy any concerns raised by the Azusa
Police Department over the use;
F. The types of merchandise to be sold, with
restrictions on the sale of alcoholic beverages or other
items deemed to be inappropriate for the use;
G. Hours and days of operation of the use;
H. Controls on occupancy limits on the premises
and loitering outside the premises;
I. Prevention of adverse effect of the use on
value of adjacent real property.
The Planning Commission may adopt a resolution or
resolutions setting forth specific standards to
implement the foregoing.
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"19.80.050. COMPLIANCE WITH CONDITIONS OF
APPROVAL - TIME. If the Planning Commission grants a
Conditional Use Permit, the Applicant shall have ninety
(90) days in which to comply with any conditions of
approval imposed on the permit. The Planning Commission
may modify such compliance period as appropriate
depending on the nature and extent of the conditions
imposed. In determining whether the compliance period
should be modified, the Planning Commission shall
consider, as applicable, the following:
A. The severity of any maintenance problems and
the time required to implement appropriate measures to
rectify such problems;
B. The nature of the security needs and traffic
concerns and any special requirements or conditions of
the Azusa Police Department which must be met;
C. The time required to secure all necessary
permits, licenses and/or approvals required by law,
resolution, or ordinance;
"19.80.060. EXISTING SWAP MEETS AND FLEA MARKETS -
CONDITIONAL USE PERMIT REQUIRED. Existing swap meets or
flea markets which have not previously been approved
under a Conditional Use Permit shall have ninety (90)
days from the effective date of this Ordinance in which
to obtain such Permit in accordance with the procedures
of Chapter 19 .60.
"19.80.070. ABATEMENT OF NONCONFORMING USE.
A. Notithstanding the provisions of Section
19 . 40.050, if the Planning Commission denies the
Conditional Use Permit for an existing swap meet or
flea market, the operation shall be considered a
legal non-conforming use as of the effective date
of this Ordinance, and shall be abated three ( 3)
years from said date.
B. The Planning Commission may establish a
longer abatement period where a Conditional Use
Permit for an existing swap meet or flea market has
been denied. In determining whether the abatement
period shall be extended in individual cases, the
Planning Commission may consider the following
;factors, as applicable: the amount of investment
or original cost of structures utilized only for
the operation of this business; cost of relocation,
present or actual depreciated value, date of
construction, amortization for tax purposes,
salvage value, or remaining useful life of
structures utilized only for the operation of this
business; the length of the remaining term of the
lease under which the use is maintained; extent of
the nonconformity; and the harm to the public if
the use is permitted to continue beyond the
prescribed abatement period.
"19.80.080. REVOCATION OF PERMIT. The Conditional
Use Permit provided for in this Ordinance may be revoked
as provided in Section 19 .60.150 of this Code.
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"19.80.080. EXCEPTIONS. Nothing in this chapter
shall apply to homeowners or residents conducting
permitted yard and garage sales as defined and regulated
by Chapter 5. 50 of the Azusa Municipal Code, City
sponsored events, school related events , or temporary
uses permitted by the City under a Temporary Use Permit
approved by the City Administrator and/or the City
Council. "
SECTION 3 . The City Clerk shall certify to the
adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this 5th day of
March, 1990.
gdP" 1 *17"1".41.1
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, ADOLPH A. SOLIS, City Clerk of the City of Azusa,
do hereby certify that the foregoing Ordinance No. 2437 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 20th day of February,
1990. That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the 5th day
of March, 1990, by the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NARANJO
ABSTAIN: COUNCILMEMBERS : MOSES
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TYCLERK
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