Loading...
HomeMy WebLinkAboutF-2 Staff Report - Second Reading Ordinance No. 2023-07 Article VIII Garage_Yard SalesSECOND READING ORDINANCES F-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT (“ECD”) DATE: NOVEMBER 20, 2023 SUBJECT: SECOND READING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA MODIFYING AND AMENDING ARTICLE VIII – GARAGE, YARD AND PATIO SALES, SECTION 18-532 GARAGE SALE REGULATIONS AND DETERMINING THIS ORDINANCE BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND: Article VIII of the Azusa Municipal Code – Garage, Yard and Patio Sales allows for garage and yard sales during the first weekend of the months of June, September, and December, along with the Clean and Green weekend. As reviewed by staff, the Code is silent when having to consider a “make-up” date in the event of inclement weather. This Code Amendment will allow for the City Manager or designee to designate an alternative garage and yard sale weekend in the case of a heavy rain event. During the evening of November 6, 2023, the City Council considered and conducted a first reading of this Ordinance, with one clarification. Specifically, a request was made to memorialize the month of April as a Yard Sale eligible month. The revised ordinance herein memorializes this clarification RECOMMENDATIONS: Staff recommends that the City Council take one of the following actions: 1)Find the requested project exempt from the California Environmental Quality Act (CEQA); and 2)Waive further reading and adopt Ordinance No. 2023-07; Approved City Council November 20, 2023 Municipal Code Amendment - Article VIII – Garage, Yard and Patio Sales November 20, 2023 Page 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING A CODE AMENDMENT MODIFYING AND AMENDING ARTICLE VIII – GARAGE, YARD AND PATIO SALES, SECTION 18-532 GARAGE SALE REGULATIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA ANALYSIS: On November 6, 2023 the City Council considered and conducted a First Reading of Ordinance No. 2023-06 which recommended changes to Article VIII of the Azusa Municipal Code – Garage, Yard and Patio Sales to allow for Yard Sales to occur on alternative weekends, if the designated yard sale weekend is rained out. Following a presentation by Staff, the council considered the first reading, with one clarification. A request was made to memorialize the month of April as an eligible Yard Sale month, where currently it designates the “Clean and Green” weekend. This adjustment has been considered as part of this second reading. Before the City Council this evening, and through this Ordinance, staff is requesting the second reading of an Ordinance to modify the applicability of this Section to include expanded language as noted below in bold and underlined: ARTICLE VIII. GARAGE, YARD AND OR PATIO SALES Sec. 18-531. Definition. Garage sale, yard sale or patio sale means a sale of goods, wares or merchandise from residential property where the public is invited onto such property to purchase such items and the definition of a garage sale shall include any sale of the personal belongings of a recently deceased resident of such property even if the sale of goods, wares or merchandise is entirely from locations within the residential structure. "Garage sale," "yard sale" or "patio sale" shall hereinafter be referred to as "garage sale." Inclement weather means a significant duration rain event where the creation of excess precipitation prevents a normal garage, yard or patio sale from taking place. Sec. 18-532. Garage sale regulations. No person shall conduct, or allow to be conducted, a garage sale on his or property whether such property is owner-occupied or leased in violation of the following regulations: (1) Garage sales may only be conducted on the first weekend of the months of June, September, and December and the month of April for 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. In the event of inclement weather, the City Manager, or designee may provide for an alternative date with proper notification. In the event of inclement weather, and with proper notification, the City Manager, or designee shall be allowed to provide for an alternative garage sale, yard sale or patio sale weekend. Municipal Code Amendment - Article VIII – Garage, Yard and Patio Sales November 20, 2023 Page 3 (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. (7) Notwithstanding subsection (1) above, a garage sale otherwise complying with the provision of section 18-532 of this Code, shall be eligible for one 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 resident of the property. ENVIRONMENTAL REVIEW: CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. Municipal Code Amendment - Article VIII – Garage, Yard and Patio Sales November 20, 2023 Page 4 FISCAL IMPACT: A request to undertake a Second Reading of this Code Amendment will have no fiscal impacts. The Code Amendment is intended to provide clarification to the Real Property Records Report process. Prepared and Reviewed by: Jose D. Jimenez Director of Economic & Community Development Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Draft Ordinance No. 2023-07 ORDINANCE NO. 2023-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING A CODE AMENDMENT MODIFYING AND AMENDING ARTICLE VIII – , GARAGE, YARD AND PATIO SALES, SECTION 18-532 GARAGE SALE REGULATIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Article VIII, Garage, Yard and Patio Sales exists to regulate and limit garage sale events to a limited amount of days within a calendar year; and WHEREAS, Article VIII, Garage, Yard and Patio Sales allows for garage and yard sales to be conducted on the first Saturday of the months in June, September, and December, between the hours of 8:00 a.m. to 6:00 p.m. Saturday and Sunday; and WHEREAS, over the past year, the region has benefited from an abundance of rain, which on a few occasions has rained out the designated yard sale days, and with more rain expected during the possible upcoming El Nino weather pattern event this coming Winter to Spring; and WHEREAS, more rain is expected during the possible upcoming El Nino weather pattern event this coming Winter to Spring; and WHEREAS, the City needs a mechanism within Article VIII to allow for the City Manager or his/her designees to assign alternative garage and yard sale weekends during certain inclement events, such as a significant duration rain event; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Additions to the Azusa Municipal code are shown in underlined and the deletions are denoted by strikethrough. Text underlined in blue font represent hyperlinks. SECTION 3. Article VII GARAGE, YARD AND PATIO SALES of the Azusa Municipal Code is hereby amended as shown below: Attachment 1 ARTICLE VIII. GARAGE, YARD AND OR PATIO SALES Sec. 18-531. Definition. Garage sale, yard sale or patio sale means a sale of goods, wares or merchandise from residential property where the public is invited onto such property to purchase such items and the definition of a garage sale shall include any sale of the personal belongings of a recently deceased resident of such property even if the sale of goods, wares or merchandise is entirely from locations within the residential structure. "Garage sale," "yard sale" or "patio sale" shall hereinafter be referred to as "garage sale." Inclement weather means a significant duration rain event where the creation of excess precipitation prevents a normal garage, yard or patio sale from taking place. Sec. 18-532. Garage sale regulations. No person shall conduct, or allow to be conducted, a garage sale on his or property whether such property is owner-occupied or leased in violation of the following regulations: (1) Garage sales may only be conducted on the first weekend of the months of June, September, and December and the month of April for 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. In the event of inclement weather, the City Manager, or designee may provide for an alternative date with proper notification. In the event of inclement weather, and with proper notification, the City Manager, or designee shall be allowed to provide for an alternative garage sale, yard sale or patio sale weekend. (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. (7) Notwithstanding subsection (1) above, a garage sale otherwise complying with the provision of section 18-532 of this Code, shall be eligible for one 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 resident of the property. SECTION 4. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 213 E. Foothill Blvd., Azusa, CA 91702. The custodian of these records is the City Clerk. SECTION 6. 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 shall not affect other provisions or applications of this Ordinance which 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 or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (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 of Azusa. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa, California, at a regular meeting of the City Council held on the 21st day of August, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City of Azusa ________________________________ Robert Gonzales, Mayor ATTEST: ________________________________ Jeffrey Lawrence Cornejo, Jr. APPROVED AS TO FORM: BEST BEST & KRIEGER LLP _______________________________ Marco A. Martinez, City Attorney CERTIFICATION I, Jeffrey Cornejo, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. ____ is the actual Ordinance No. ____ that was introduced at a regular meeting of said City Council on the 6th day of November, 2023 and was finally passed and adopted not less than five (5) days thereafter on the ____ day of _____________, 2023 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Jeffrey Lawrence Cornejo, Jr.