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Ordinance - 2190ORDINANCE NO.2190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO CHRISTMAS TREE SALES (CODE AMENDMENT NO.09-01) WHEREAS, Code Amendment No. 09-01 is a City -initiated code amendment regarding Christmas tree sales; and WHEREAS, the Planning Commission, on the 27th day of January, 2009, conducted a study session; and WHEREAS, the Planning Commission, upon giving required notice, did on the 10`h day of February, 2009, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 09-5322 recommending to the City Council approval of Code Amendment No. 09-01; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 171h day of March, 2009; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. Chapter 26 of the West Covina Municipal Code (Zoning) shall be amended to update, clarify, and establish a specific timeframe in which Christmas tree lots are allowed to operate, including set up and sales. 2. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 09-01 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A". SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. APPROVED AND ADOPTED on this 71h day of April, 2009. ATT T: MayorRoger Hernandez C City Clerk La rie Carrico Ordinance No. 2190 Page 2 I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 171h day of March, 2009. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 71h day of April, 2009 by the following vote: AYES: Herfert, Lane, Sanderson, NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: Ci y Attorney Arnold Alvarez-Glasman Touhey, Hernandez . Cy Clerk L rie Carrico Ordinance No. 2190 Page 3 EXHIBIT A Section 26-604. Same —Christmas tree and pumpkin sales. (a) The outdoor sale of Christmas trees, pumpkins, and related ancillary items may be permitted in any zone (residentially zoned property must be vacant and located so as not to be detrimental to nearby residents). Outdoor pumpkin lots may operate during the month of October only. Christmas tree sales may begin the Friday after the Thanksgiving Day holiday. Christmas tree lots may set up no more than fourteen (14) calendar days prior to the Friday after the Thanksgiving Day holiday. CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 2190 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3rd floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush, 4ssistant City Clerk Posted: April 8, 2009