HomeMy WebLinkAboutAgenda Packet - May 3, 1982 - CC kil sd
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LAW OFFICES
BURKE, WILLIAMS 8C SORENSEN
SUITE 3300 �t
MARTIN J. BURKE• THOMAS J. FEELEY* 707 WILSHIRE BOULEVARD TELEPHONE
ROYAL M. SORENSEN• NEIL F. YEAGER* LOS ANGELES, CALIFORNIA 90017 (213) 485-0101
GEORGE W. TACKABURY BRIAN A. PIERIK•
JAMES T. BRADSHAW,JR. KATHERINE E. STONE' April 14 , 1982
MARK C. ALLEN,JR." THOMAS H. DOWNEY 1
RICHARD R. TERZIAN• CHARLES M. CALDERON
MARTIN L. BURKE' PETER M..THORSON
BRIDGES
RIDGE ' HARRY 1C.2 WIL1967IAMS
CARL K. NEWTON' HAROLD A. BRIDGES °///
(1912-1967)
J. ROBERT FLANDRICK. ANTON C. GERSCHLERY _
DENNIS R. BURKE* CHERYL J. KANE
LELAND C. DOLLEY" DOUGLAS G. CARROLL
COLIN LENNARD' TIMOTHY R, GREENLEAF , ( / �.�.-(,�^�-" OF COUNSEL
DWIGHT A. NEWELL
R. MICHAEL WILKINSON* VIRGINIA R. PESOLA
BRIAN J. SEERY' / GEORGE W. WAKEFIELD
`PROFESSIONAL CORPORATION ` C V
Mayor and Members of the City Council
City of Azusa
213 East Foothill
Azusa, CA 91702
Re: Report on Auction Sales
Dear Mayor and Members of the City Council:
At the City Council meeting of April 5, 1982 ,
you requested that I provide you with a report regarding
the provisions of the Azusa Municipal Code governing
auction sales within the City. The communication dated
March 23, 1982, from the City Clerk addressed to the
Mayor and City Council accurately recites various
provisions of the Azusa Municipal Code relating to the
holding of auctions.
Section 5.12. 040 of the Municipal Code imposes
a license tax upon every person engaged in the business
of carrying on an auction sale of goods, wares,
merchandise or real estate, of thirty dollars per day.
Section 5. 48. 010 and Section 5. 48 . 030 provide
that auction sales may not be conducted without a permit
having been granted from the City Council. The Code
further provides that the City Council may grant or refuse
the permit or when the permit is granted may impose such
terms, conditions and restrictions upon the operation and
conduct of the sale as it may deem necessary or expedient.
Section 5.48 . 040 of the Code provides a time
limitation of thirty days within which sales may be made
under the permit subject to one or more extensions which
may be granted by the City Council for an additional total
period of thirty days but for no more than a maximum total
period of sixty days.
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Mayor and Members of the City Council
Page 2
April 14, 1982
Section 5.48. 060 prohibits any person when holding
an auction sale to add any property to the stock of personal
property set forth in the inventory contained in the
application or to sell any item not listed in the inventory.
With respect to the letter from Richard G.
De Lepine addressed to the City Clerk and received on
March 17 , 1982, it does not appear that the auctions proposed
in that communication would conform to the provisions of the
Azusa Municipal Code. There is no time limit provided for
in the letter from Mr. De Lepine. It appears that he
contemplates a continuous series of auctions to be held on
Tuesdays, twice monthly. This would not conform to
Section 5 .48. 040. In addition, in Mr. De Lepine ' s letter
he proposes that the subject matter of the auction would
be property consisting of general merchandise which would
be added to after the auction had been commenced. This
would appear to be a violation of Section 5.48 . 020 requiring
a full inventory of the property proposed to be sold and a
further violation of Section 5 .48. 060 which prohibits the
sale of any items not set forth in the initial inventory
which is -part of the application for the auction permit.
If you have any further questions relative to this
matter, please don' t hesitate to contact me.
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CARL K. NEWTON
OF BURKE, WILLIAMS & SORENSEN
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cc: John Dangleis, City Administrator
Adolph Solis, City Clerk
Bill Cunningham, Planning Director
CITY OF AZUSA •
Azusa, California
TO: Mayor and City Council
FROM: Community Development/Planning Director
DATE: April 16, 1982
SUBJECT: Request By American Legion To Hold Auctions
At the April 5, 1982, meeting, the City Council considered a request by American
Legion Post No. 180 to hold auctions at the Legion Hall , 819 North Loren Avenue.
The City Council took action to refer the matter to the Planning Department and
City Attorney for investigation and report.
Auctions are a permitted use within the M-1 and M-2 zones (reference Code Section
19.32.020(b) (2) (c) - Permitted Uses) . The American Legion Post is located in the
M-2 Zone. However, the use is non-conforming and it exists as a result of a use
variance (V-145) which was granted in 1965. It should be noted that use variances
are no longer permitted by State Law. Also, a variance (V-642) was granted in 1979
permitting a reduction in the required number of off-street parking spaces from
39 to 25.
The subject request is somewhat lacking in detail . Not discussed, for example, are:
specific hours of operation, where and at what time auction items would be delivered,
provision of parking, and the location of the auction within the post facility. Given
the surrounding zoning and uses, noise does not appear to be a significant concern.
However, even though the auction is to be held at night, if deliveries of auction
items are made during the day it is anticipated that problems relating to parking
and traffic could result.
It should be noted that the foregoing is with respect to the zoning code only
and does not address other code restrictions which may apply. If it is the
City Council 's desire to permit the auction, it would be the recommendation of
the Planning Department that the following conditions be imposed:
1 . The auctions be for a .six-month trail period.
2. No day time delivery of auction items.
3. If adjacent properties are to be utilized for parking,
written permission of the property owner shall be obtained.
4. The hours of operation be limited to 7:00 p.m. to 10:00 p.m.
5. Days of operation be limited to a maximum of two (2) per month.
RESPECTFULLY SUBMITTED,
ROBERT W. "BILL" CUNNINGHAM
COMMUNITY DEVELOPMENT/PLANNING DIRECTOR
RWC/Imr