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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 elh/ORD8129 -1- 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 elh/ORD8129 -2- 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. elh/ORD8129 -3- • 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 elh/ORD8129 Tarozzi, McFadden, Manners, Lewis, Bacon None None -4- 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: