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Home My WebLink AboutD-1 Staff Report - Ordinance Estate Sale Fee WaiverSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR MARCO A. MARTINEZ, CITY ATTORNEY DATE: APRIL 18, 2022 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING SECTION (7) TO ARTICLE VII, SECTION 18-532 OF THE CITY OF AZUSA MUNICIPAL CODE TO AUTHORIZE LIMITED ESTATE SALES TO BE CONDUCTED IN THE CITY OF AZUSA BACKGROUND: Late last year, the City Council directed staff to review the City’s garage sale regulations contained in Article VII, Section 18-532 of the Azusa Municipal Code. Specifically, the Council directed review of the regulations to add provisions authorizing a no-fee permit for limited estate sales. The attached ordinance proposes to add language to authorize estate sales. RECOMMENDATION: It is recommended that the City Council waive full reading, read by title only and introduce the following Ordinance No. 2022-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING SECTION (7) TO ARTICLE VII, SECTION 18-532 OF THE CITY OF AZUSA MUNICIPAL CODE TO AUTHORIZE LIMITED ESTATE SALES TO BE CONDUCTED IN THE CITY OF AZUSA APPROVED CITY COUNCIL 4/18/2022 Amending Estate Sale Provisions April 18, 2022 Page 2 ANALYSIS: The current garage sale regulations contained in Section 18-532 limit garage sales as follows: 1. Garage sales may only be conducted on the first weekend of the months of June, September, and December and that specific weekend declared by the city to be the "clean and green" weekend. For purposes of this section, "weekend" means 8:00 a.m. Saturday until 6:00 p.m. Sunday. 2. Garage sales shall be limited to the hours of 8:00 a.m. to 6:00 p.m. on the designated weekends. 3. Garage sales may not be conducted in the public sidewalks, parkways, streets or alleys. 4. All items sold at garage sales must be used goods, wares, or merchandise of a household nature, from that household or its surrounding neighborhood, and not acquired elsewhere for resale. 5. Garage sales' advertising signs may not be posted on telephone poles, street lights, traffic signs, or any other structure in the public right-of-way. Such signs may not be posted anywhere earlier than two days prior to the day the sale is to commence, and shall be removed by 7:00 p.m. on the day the sale is terminated. No signs or devices shall be placed on any private property except one double-faced sign not to exceed five square feet in area (24 inches by 30 inches) may be displayed at the site of the sale during the period of time the garage sale permit is in force. 6. All goods, products, and merchandise offered for sale at a garage sale shall be made available to inspection at the place where the sale is to be conducted by any representative of the police chief, and if requested by the representative, the person conducting the sale shall establish evidence of title to the goods, products and merchandise offered for sale. The attached ordinance proposes the following addition to Article VII, Section 18-532 of the Azusa Municipal Code to authorize estate sales: “(7) Notwithstanding subsection (1) above, a garage sale otherwise complying with the provision of Section 18-532 of the Azusa Municipal Code, shall be eligible for (1) one, no- fee permit per calendar year and may be conducted on any weekend of the year provided it is conducted as an “estate sale.” For purpose of this section, an “estate sale” shall be defined as a sale conducted indoors to sell goods, wares, or merchandise of a household nature belonging to a deceased resident of the property. The deceased person must have been a principal resident of the property and evidence of a death certificate or similar document issued within the previous twelve (12) months shall be required as proof of compliance with this subsection.” All other provisions of Section 18-532 would apply except the limitations contained in subsection (1) (relating to the weekends when sales are allowed). FISCAL IMPACT: No Fiscal impact. This ordinance establishes regulations to allow “no fee” estate sales in the City of Azusa Amending Estate Sale Provisions April 18, 2022 Page 3 CEQA COMPLIANCE: This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under the State CEQA Guidelines because the proposed action as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment as it imposes regulations for the conduct of estate sales. Further, this ordinance is exempt from CEQA as there is no possibility that this ordinance or its implementation would have a significant effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). Prepared by: Prepared by: Marco A. Martinez Matt Marquez City Attorney Community & Economic Development Director Reviewed and Approved: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager Attachment: 1) Ordinance No. 2022-01 ORDINANCE NO. 2022-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING SECTION (7) TO ARTICLE VII, SECTION 18- 532 OF THE CITY OF AZUSA MUNICIPAL CODE TO AUTHORIZE LIMITED ESTATE SALES CONDUCTED TO BE CONDUCTED IN THE CITY OF AZUSA WHEREAS, the City of Azusa, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, by virtue of the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, Article VIII of Title 18 of the Azusa Municipal Code contains the City’s Garage, Yard and Patio Sales regulations; and WHEREAS, the City Council wishes to establish “no fee” regulations for the conduct of limited estate sales within the City to assist the families of grieving Azusa residents to finalize the affairs of the deceased. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. Incorporation of Recitals. The City Council finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein. SECTION 2. Section (7) is hereby added to Article VII, Section 18-532 of the Azusa Municipal Code to read as follows: “(7) Notwithstanding subsection (1) above, a garage sale otherwise complying with the provision of Section 18-532 of the Azusa Municipal Code, shall be eligible for (1) one, no- fee permit per calendar year and may be conducted on any weekend of the year provided it is conducted as an “estate sale.” For purpose of this section, an “estate sale” shall be defined as a sale conducted indoors to sell goods, wares, or merchandise of a household nature belonging to a deceased resident of the property. The deceased person must have been a principal resident of the property and evidence of a death certificate or similar document issued within the previous twelve (12) months shall be required as proof of compliance with this subsection.” SECTION 3. CEQA Compliance. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under the State CEQA Guidelines because the proposed action as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment as it imposes regulations for the conduct Attachment 1 of estate sales. Further, this ordinance is exempt from CEQA as there is no possibility that this ordinance or its implementation would have a significant effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this ordinance and each section, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases might be declared invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council. SECTION 6. Publication. The City Clerk shall certify to the adoption of this ordinance. Not later than 15 days following the passage of this ordinance, the ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa this 18th day of April, 2022 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ______________________________ Robert Gonzales, Mayor ATTEST: ______________________________ Jeffrey Cornejo, City Clerk APPROVED AS TO FORM: ______________________________ Marco A. Martinez, City Attorney