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HomeMy WebLinkAboutOrdinance No. 2022-01ORDINANCE 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 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 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). 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 this 2"d day of May, 2022. C7� ev Robeff Gonzal Mayor ATTEST: J ence Corn ' o, J . ity Cler STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 2022-01, was duly introduced and placed upon first reading at a regular meeting of the Azusa City Council on the 181h day of April, 2022 and that thereafter, said Ordinance No. 2022-01 was duly adopted and passed at a regular meeting of the Azusa City Council on the 2"d day of May, 2022 by the following vote: AYES: COUNCILMEMBERS: GONZALES, MENDEZ, ALVAREZ, AVILA, BECKWITH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE J r a ce Gornej o, J . City Cler APPROVED AS TO FORM: r City ftt orney Best Best & Krieger LP