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HomeMy WebLinkAboutOrdinance No. 2023-07ORDINANCE 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/lier 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 I. Incorporation of Recitals. Tlte above recitals are true and correct and are incoiporated 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: 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 sisnificant duration rain event where the creation of excess precipitation prevents a normal sarase, yard or patio sale from takins 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 Cit\’ Manager, or designee shall be allowed to provide for an alternative 2ara2C 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. The City Clerk shall certify to the adoption of this Not later than fifteen (15) days following the passage of this Ordinance, the SECTION 8. Publication. Ordinance. 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 this 20^ day of November, 2023. c iT“ Robert Gonzales Mayor ATTEST: c e Cornejo, JrJe^^ey^a' Caty Cleric STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF AZUSA ) ) ss. ) I HEREBY CERTIFY that the foregoing Ordinance No.2023-07 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 6th day of November 2023, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 20^^ day of November, 2023, by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS: GONZALES, BECKWITH, ALVAREZ, AVILA, MENDEZ COUNCILMEMBERS: ■Q Cornejo, (5ity Cleric APPROVED AS TO FORM: Best, Best & Krieger, LLP City Attorney y.