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Ordinance - 2142ORDINANCE NO.2142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE OUTDOOR USES OVERLAY ZONE (CODE AMENDMENT NO. 04-05) .WHEREAS, Code Amendment No. 04-01 is a City -initiated code amendment related to the outdoor uses overlay zone; and WHEREAS, the Planning Commission, upon giving required notice, did on the 28`h day of June, 2005, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 05-5031 recommending to the City Council approval of Code Amendment No. 04-05; 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 19`' day of July, 2005; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: The West Covina Municipal Code restricts the type of merchandise sold at outdoor retail displays to handmade craft items. 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. 04-05 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: This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. PASSED AND APPROVED on this 2"a day of August 2005. Mayor Shelley Sanderson ATTEST: City Jerk La rie Carrico Ordinance No. 2142 Code Amendment No. 04-05 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 19`h day of July 2005. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of August 2005, by the following vote: AYES: Herfert, Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: None ABSTAIN: None City CleiVLaurie Carrico 199 "AV "07_1.1C67we'J 7ir� E 2 See. 26-735.1. Definitions. For the purpose of this chapter, the following definitions shall apply: (a) Outdoor community event shall mean any event of a civic or cultural nature, which may include the sale or serving of food, merchandise, and/or entertainment held or conducted on an occasional basis for a limited duration of time. (b) Outdoor dining area shall mean the area where outdoor dining is reserved for the exclusive use by a particular business. (c) Outdoor entertainer shall mean a person or'persons who conduct(s) live performances for the general public outside an enclosed building not necessarily in conjunction with a promotional event. (d) Outdoor farmers market shall mean an outdoor area where produce, other specialty food items, and specialty retail items may be sold on a weekly, semi -weekly, or other occasional basis. Food items may include fresh or dried fruits, vegetables, and flowers, but shall not include canned or commercially -packaged food items. (e) Outdoor retail display shall mean the display of items for sale outside an enclosed building where the display remains at a fixed location even if the structure housing the display is capable of moving. (f) Pedestrian -oriented area shall mean a public or private sidewalk or other outdoor area that, in addition to providing pedestrian access, has been designed or serves to foster pedestrian interest, activity and/or seating. Pedestrian -oriented areas consist of walkways of enhanced dimensions or design, and other plaza, courtyard, and seating areas. Design elements within pedestrian -oriented areas may include decorative paving, enhanced landscaping and lighting, water or art features, and seating areas. (g) Specialty food items shall mean food or non-alcoholic drink items that are prepared and/or served on -site, that are not commercially prepackaged, and that would not generally be considered to be a meal item. Examples of permitted items include fresh popcorn, pretzels, pastries, cotton candy, ice-cream cones, and juices. Examples of excluded items include pre -packaged candy bars and other pre -packaged snack items, hotdogs, hamburgers, pizza, or tacos. (h) Specialty retail items shall mean retail merchandise that has been produced through hand -manufactured or hand-crafted methods, and excludes pre -packaged merchandise that is available in national distribution. See. 26-737. Standards for outdoor retail display areas. The following minimum standards shall apply to the design and operation of outdoor retail display areas. Additional standards may be imposed as conditions of an AUP for specific proposals as deemed necessary. (a) Paved surfaces. Outdoor retail display areas shall be located only on paved surfaces. (b) Pedestrian access. A clear and unobstructed path shall be provided between major walkways and building doors. • (c) Clearance. Outdoor retail display areas shall be located at reasonable distances from parking areas, streets and vehicular accessways. (d) Orientation. To the extent possible, outdoor use areas should be located within pedestrian -oriented areas or otherwise oriented toward such areas. (e) Noise. Outdoor retail displays shall comply with noise standards contained in Chapter 15 of this Code. (f) Hours. Outdoor retail display areas may only be operated during the following hours, unless further limited as a condition as an AUP: (1) Sunday through Thursday, not including days prior to legal holidays: 6:00 a.m. to 12:00 midnight. (2) Friday, Saturday, and days prior to legal holidays: 6:00 a.m. to 2:00 a.m. (g) Design. Outdoor retail display areas may consist of carts, booths or similar type displays. Displays shall not consist of table and rack displays, except when part of a temporary promotional event otherwise allowed by this chapter. • (h) Spacing. Adequate distances shall be provided between outdoor retail display areas to buildings and other outdoor retail display areas and other outdoor uses. • Q) Signs. Notwithstanding provisions under article VI of this chapter, the following signs are permitted. (1) One sign, not to exceed three (3) square feet, may be attached to each side of the display. (2) Additionally, price labels and other signs used to identify prices or other incidental information, not to exceed six (6) square inches each, shall be allowed. (3) Separate permits for such signs shall not be required and shall not be counted towards sign allowances otherwise permitted by article VI (Signs) of this chapter. (4) No detached signs shall be allowed. 0) Items sold. items sold from retail Aisplays shall be limited to only , e ialty retail items angler s ialty f ed items. Only hems ., ailable for direet purml...se at the display may be sold. The sale of services or retail merchandise not available on - site, such as eerlular .hare sep ee. insurance policies, or real estate, shall be prohibited. WAWAWIN u 161 ... ... �. (k)(4) Operation of outdoor retail displays. The operation of outdoor retail displays shall be subject to compliance with the following standards: (1) Outdoor retail displays shall not be left unattended at any time. (2) No sales or other transactions shall occur while the display is in transit to its location or otherwise in motion. (3) Displays shall be removed off -premises or secured and locked in a manner approved by the police chief or his/her designee. (4) Seating shall be limited to maximum one "director's" type chairs or other decorative chairs at the discretion of the planning director. 2