Ordinance - 1820ORDINANCE NO. 1820
• AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA AMENDING
THE WEST COVINA MUNICIPAL CODE BY
AMENDING CHAPTER 26 (ZONING), ARTICLE XI,
AND CHAPTER 14 (LICENSES AND BUSINESSES),
ARTICLE IV, AS THEY RELATE TO SALES
EVENTS IN RESIDENTIAL AND OPEN SPACE
ZONES. (AMENDMENT NO. 226)
WHEREAS, by direction of the City Manager's Office, the
Planning staff studied and analyze the City's regulations as they
relate to sales events in residential and open space zone; and
WHEREAS, the Planning Commission, upon giving the
required notice, did on the 5th day of July, 1989, conduct a duly
advertised public hearing as prescribed by law; and
WHEREAS, the City Council of West Covina has considered
evidence presented by the Planning Department, the Planning
Commission, and other interested parties at a duly advertised
public hearing held on August 14, 1989; and
WHEREAS, recent community concerns has prompted staff to
evaluate the existing language in the Municipal Code as it
relates to sales events in residential and open space zones; and
WHEREAS, the Municipal Code presently permits sales
events in residential and open space zones when said event is of
a noncommercial nature and, with the exception of a private
garage sale, subject to the approval of a Temporary Use Permit;
and
WHEREAS, it is not the intent of the Municipal Code to
permit sales events of a commercial nature in residential or open
space zones due to land use incompatibility and the potential
impacts of such uses upon surrounding properties; and
WHEREAS, explicit language which clarifies the existing
Municipal Code language in terms of the nature and type of sales
events permitted in residential and open space zones has been
developed; and
WHEREAS, the project is categorically exempt pursuant to
Section 15305 (Class 5) of the California Environmental Quality
Act (CEQA) in that it consists of minor alterations in land use
limitations which do not result in changes in land use or
density.
NOW, THEREFORE, the City Council of the City of West
Covina does ordain as follows:
SECTION 1. Article IV, Chapter 14, is Sections 14.101 -
14.104 are amended to read as follows:
Section 14.101. Definitio
ns.
The term "garage sale," as used in this article
includes lawn or yard sale, attic sale, rummage
sale, moving sale, patio sale, or other similar
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sale, and means any sale held for the purpose of
selling, trading, bargaining, exchanging or
• otherwise disposing of unwanted or surplus
household furnishings, personal goods or other
tangible property of the person or individual,
household, group, family or organization holding
such sale and conducted on the premises of a
private single family or multiple family
residence(s).
Section 14.102. Restrictions.
(a) No more than three (3) garage sales shall be
conducted in any any one calendar year by any
one individual, household, group, family or
organization.
(b) Any such permitted sale shall be held between
hours of 9:00 a.m. and 8:00 p.m. and for not
more than two (2) consecutive days. If a
holiday is concurrent with a weekend, the sale
days may include the two (2) day weekend and
the holiday.
(c) No sign advertising the event or items for
sale may be placed in or on any public right-
of-way. It shall be the responsibility of the
persons named in Section 14.101 to remove all
on -site sale related signs and merchandise on
a daily basis and at the conclusion of the
event.
Section 14.103. License or permit not required.
A license or permit will not be required for garage
sales.
Section 14.104. Enforcement of article.
It shall be the duty of the Chief of Police and of
the Code Enforcement Officer to enforce the
provisions of this article.
SECTION 2. Article XI, Chapter 26 (Zoning) is
amended to add Sections 26612-26613.
CHAPTER 26 (ZONING), ARTICLE XI. NON-RESIDENTIAL USES.
Section 26.612. Definitions.
(a) "Noncommercial purpose" as used herein shall
mean the stated purpose of a nonprofit
organization as defined in the Internal
Revenue Code Section 501(c) [a public entity
raising money for an authorized program or
purpose,].
(b) "Participants" as used herein means an
individual household, group, family or
organization who will pledge or donate any and
all proceeds and profits from the sale of such
goods to the noncommercial purpose and does
not include participants selling such goods
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for a commercial or personal purpose or
profit.
• (c) "Sales events" as used herein means the indoor
or outdoor sale of items which are made or
owned by the project sponsors or participants
including but not limited to art work, crafts,
baked goods, jewelry, quilt, clothing, potted
plants, macrame, toys, games, novelties, and
knick-knacks for a noncommerical purpose.
(d) "Swap meets" means "swap meets" as defined in
the Business and Professions Code Section
21661 are prohibited in any zone.
Section 26-613. Nonrecurring Fund Raising Events in
Residential and Open Space Zone
(a) Swap meets are prohibited in any zone.
(b) No more than three (3) sales events shall be
conducted in any one calendar on any one site.
(c) Sales events are permitted in residential and
open space zones, although they may not occur
in or on the property belong to a residence,
whether single or multi -family.
(d) A sale event may continue up to a maximum of
two (2) consecutive days. If a holiday is
concurrent with a weekend, the sale days may
include the two (2) day weekend and the
holiday. The hours of operation shall be
regulated by the Temporary Use Permit.
(e) No sign advertising the sales event, displays,
items for sale, or activities may be placed or
maintained on or in any public right-of-way.
It shall be the responsibility of the project
sponsor and participants to (i) remove all
sale related signs and merchandise from the
property at the conclusion of the event; (ii)
ensure that the site is maintained in a neat
and orderly condition during and after the
event; and, (iii) meet all Temporary Use
Permit requirements.
(f) Notwithstanding the foregoing, the incidental
or accessory sale of times including but not
limited to food, beverages or souvenirs,
subject to all legally required permits, shall
not be prohibited hereunder.
SECTION 3. It has been determined that this project, is
Categorically Exempt pursuant to Section 15305 (Class 5) of the
State CEQA Guidelines and no Environmental Impact Report or
Negative Declaration of Environmental Impact is required.
.SE
CTION 4. Effective Date. This ordinance shall be
effective 30 days from the date of its adoption.
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•
A
SECTION 5. The City Clerk shall certify to the passage
of this ordinance and shall cause the same to be published as
required by law.
1989.
PASSED AND APPROVED this 28th day of August
'
MAYOR
ATTEST:
CITY RK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1820 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 14th day of
August , 1989 . That thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on
the 28th day of August , 1989 , by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED AS TO FORM:
`-% CITY ATTORN Y
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Tarozzi, McFadden, Manners, Lewis, Bacon
None
None
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CITY C RK
CERTIFICATION
• I, JANET BERRY, City Clerk of the City of West .Covina, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. —l_rc-2-0 was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
Janet Berry, City Clerk
City of West Covina, California
DATED: