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HomeMy WebLinkAbout2085 ORDINANCE NO. 2085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING AND ADDING CERTAIN SECTIONS TO THE CBD (CENTRAL BUSINESS DISTRICT) ZONING REGULATIONS RELATING TO USES, SIGNAGE AND OUTDOOR DISPLAYS; AMENDING THE COMMERCIAL SIGN REGULATIONS RELATING TO WINDOW SIGNS AND BANNERS, AND ADDING SECTIONS TO THE COMMERCIAL SIGN REGULATIONS RELATING TO OUTDOOR DISPLAYS, PROMOTIONAL SALES AND ADVERTISING DEVICES, FLAGS AND PORTABLE SIGNS (TEXT AMENDMENT 98-001). WHEREAS, Text Amendment 98-001 was initiated by the City to: (1) amend and add certain sections to the CBD (Central Business District) Zoning regulations relating to permitted uses, signage and outdoor displays; (2) amend the commercial sign regulations relating to window signs and banners and (3) add sections to the commercial sign regulations relating to outdoor displays, flags, portable signs and promotional sales and advertising devices. WHEREAS, a public hearing was held on March 10, 1998, before the Planning Commission of the City of Arcadia at which time all interested persons were given full opportunity to be heard and to present evidence, and WHEREAS, the Planning Commission recommended approval of this text amendment to the City Council, and WHEREAS, the City Council conducted a public hearing concerning the proposed text amendment on March 17, 1998, and approved said text amendment. WHEREAS, the City Council hereby finds that the proposed text amendment will enhance the existing CBD (Central Business District) regulations and commercial sign regUlations by providing more flexibility relating to signing, outdoor displays and promotional devices and provide clarity to the CBD regulations relating to "retail" uses. WHEREAS, the City Council determines that based upon the evidence presented, the public necessity, convenience, general welfare and good zoning practice justifies the proposed text amendment. Zc/ord2085 - 1- 2085 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 9264.2.3 is hereby amended to read as follows: 9264.2.3. BUSINESS AND PROFESSIONAL OFFICES. Establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice (Le., accounting, medical or engineering). Business and professional offices are not permitted in the front one-third (1/3) of the ground floor area along Huntington Drive and First Avenue except as provided in Section 9264.2.7. Section 2. That Section 9264.2.4 is hereby amended to read as follows: 9264.2.4. BUSINESS SERVICES. Establishments primarily engaged in rendering services to business establishments including advertising and mailing, employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; and personal supply services. Business services are not permitted in the front one-third (1/3) of the ground floor area along Huntington Drive and First Avenue except as provided in Section 9264.2.7. Section 3. That the following sections herein identified have been renumbered to include new sections in the CBD Regulations. All other sections therein shall remain the same. Section 9264.2.6 was formerly 9264.2.5 Section 9264.2.7 was formerly 9264.2.9 Section 9264.2.8 was formerly 9264.2.6 Section 9264.2.9 was formerly 9264.2.7 Section 9264.2.10 was formerly 9264.2.8 Section 4. That Section 9264.2.5 is hereby added as follows: 9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone except that such services are not permitted in the front one-third (1/3) of the ground floor area along Huntington Drive and First Avenue. 1. Barber, beauty, tanning and nail shops Zc/ord2085 - 2- 2085 2. Dry Cleaning Shop 3. Equipment rental and leasing 4. Electronic Repair Shop 5. Furniture rental stores 6. Hardware rental stores 7. Interior design store/showroom that does not have on-site retail 8. Locksmith shops 9. Music rental and lesson stores 10. Mailing Services, including post office box rentals and courier shipping 11. Photography studios 12. Shoe Repair 13. Tailor, dressmaking shops 14. Video Rental/Sales 15. Any other use deemed by the Planning Commission to be considered "consumer services" Section 5. That Section 9264.2.6. (formerly 9264.2.5) is hereby amended to read as follows: 9264.2.6. RETAIL USES. Retail stores or businesses under 10,000 sq. ft. of gross floor area not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that: (1) a minimum of the front one-third of the ground floor area of a building shall be utilized for retail sales and display, (2) that at least 75% of the gross receipts are derived from the retail sale of merchandise to the general public; (3) that the incidental manufacture, processing or treatment of products shall not exceed one-third of the ground floor area of the building; and (4) windows facing the public street shall have merchandise visible to passing pedestrians. 1. Antique stores - 75% of merchandise must be over 100 years old 2. Appliance stores 3. Art galleries 4. Bakeries, ice cream stores or confectionery stores - employing less than 5 persons 5. Bicycle shops 6. Book or stationary stores 7. Camera shop 8. Clothing or wearing apparel shops (new merchandise only) 9. Consignment clothing stores 10. Copy Centers (not including commercial off-set printers) 11. Delicatessen shops Zc/ord2085 - 3- 2085 12. Department stores 13. Drug Stores 14. Floor covering/drapery stores 15. Florist shops 16. Furniture sales 17. Hardware sales 18. Interior decorating stores 19. Jewelry stores 20. Kitchen and bath cabinetslfixtures 21. Lighting fixture stores 22. Music stores, instrument sales 23. Paint and wallpaper stores 24. Pet shops 25. Photography stores 26. Picture Frame stores 27. Radio and television stores and incidental repair services 28. Records, audio and videotape and other products, including sales, rentals and incidental repair 29. Saddlery shops 30. Sporting goods stores 31. Tobacconist/Cigar Shops 32. Toy shops 33. Trophy Shops 34. Typewriter and computer product sales, rentals and incidental services Section 6. That Section 9264.2.7 (formerly 9264.2.9) is hereby amended to read as follows: 9264.2.7. BUSINESSES. USE OF GROUND FLOOR FOR RETAIL COMMERCIAL 1. In order to maintain an active pedestrian environment within the downtown, only specified retail commercial businesses and financial institutions shall be allowed within the front one-third of the ground floor for structures fronting on Huntington Drive and First Avenue except as provided in subsection 2 of this Section. 2. Where a structure has been specifically designed, constructed and maintained to serve office-type uses, and where because of limited pedestrian access the structure would not properly serve retail-type uses, then office and business service uses may occupy the ground floor, including the front one-third of the structure. Zc/ord2085 - 4- 2085 3. A bona fide retail commercial business shall operate within the front one-third (1/3) of the ground floor area of a building and shall derive at least seventy-five percent (75%) of its gross receipts from the retail sale of merchandise to the general public. 4. Windows facing the public street shall display merchandise visible to passing pedestrians. 5. One passageway may be provided through the front one-third area to the rear of the structure. The passageway shall not exceed a maximum width of five feet or the minimum width necessary to comply with the Americans with Disabilities Act. Section 7. That Section 9264.2.8. (formerly 9264.2.6) is hereby amended to read as follows: 9264.2.8. ACCESSORY USES. Accessory uses customarily incidental to any permitted uses are permitted when located on the same lot, except that no more than three (3) game machines shall be considered as an accessory use in each hotel, eating establishment or restaurant. Section 8. That Section 9264.2.9. (formerly 9264.2.7) is hereby amended to read as follows: 9264.2.9. USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses may be permitted provided that a conditional use permit is obtained in accordance with the procedures set forth in Section 9275.2 of this Chapter. 1. Any use over 10,000 square feet gross floor area 2. Alcoholic beverage sales for off-premises consumption (liquor stores) 3. Daycare center, not located on the ground floor along Huntington Drive and First Avenue 4. Drive-in facilities for financial institutions, not located on the ground floor along Huntington Drive and First Avenue (added by Planning Commission) 5. Drive in facilities for restaurants and eating establishments, not located on the ground floor along Huntington Drive and First Avenue (added by Planning Commission) 6. Education/tutoring centers, not located on the ground floor along Huntington Drive and First Avenue 7. Health Clubs 8. Martial Arts Studios 9. Residential uses which are an integral part of a commercial development (13 du/ac maximum). Must be located above the ground floor Zc/ord2085 - 5- 2085 10. Restaurants, eating establishments, coffee houses, juice bars, delicatessen and similar uses 11. Restaurants and eating establishments with a separate barllounge area, serving of alcoholic beverages and/or with live entertainment 12. Restaurants and eating establishments, including the incidental serving of alcoholic beverages but without drive-through facilities or barllounges. 13. Theaters Section 9. That Section 9264.2.10 (formerly 9264.2.8) is hereby amended to read as follows: 9264.2.10. OTHER USES. Any other uses deemed by the Planning Commission to be compatible with the purposes of this Title. Section 10. That only those parts of Section 9264.3.6. as listed below are hereby amended to read as follows and that all other parts of Section 9264.3.6 hereby remain the same: 9264.3.6. SIGN REGULATIONS C. Portable Signs. The use of small pedestrian oriented portable signs is permitted in the CBD Zoning District on public or private properties subject to the approval of a sign permit and the following standards: 1. A portable sign is any sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. This does not include temporary banners, posters and similar signs made of nonpermanent materials; 2. Only businesses with street frontage are permitted to have portable signs. Businesses that are located along pedestrian arcades/walkways having access to the street may also use portable signs, but shall not locate such signs within the public right-of-way. In addition, each group of businesses located along an arcadelwalkway may use one portable directory sign listing all businesses along the arcade/walkway, which may be located within the public right-of-way. No business shall be allowed to have more than one portable sign; 3. Portable signs may have a maximum sign area of six (6) square feet per face. The maximum height from ground level, shall be four (4) feet and the maximum width shall be two (2) feet; Zc/ord2085 - 6- 2085 4. Portable signs may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. Owners of such signs shall provide public liability insurance as set forth below or as approved by the City Attorney prior to approval of a sign permit; 5. Portable signs shall not encroach into required off-street parking areas, public roadways or alleys, and may not be arranged so as to create site distance conflicts or other traffic hazards. Portable signs shall not be placed within the corner curb return areas of intersections; 6. Portable signs shall be utilized only during regular business hours and shall be removed during nonbusiness hours; 7. Portable signs shall have a weighted base capable of keeping the sign upright in a moderate wind. 8. Materials for portable signs shall be of a permanent nature. Signs shall be constructed of durable, weather-resistant materials and not be subject to fading or damage from weather. The use of paper or cloth is not permitted unless located within a glass or plastic enclosure; 9. No lighting is permitted on or for portable signs; 10. Portable signs shall be professionally designed in an attractive manner meeting the approval of the Development Services Director or designee, and present an image of quality and creativity; 11. Portable signs shall be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance. Signs that are not maintained shall be removed immediately upon notice from the Development Services Director or designee; 12. Prior to placing any portable sign on private property or in the public right of way, a business owner shall receive approval of a sign application for Architectural Design Review from the Community Development Division; and Zc/ord2085 - 7- 2085 13. A sign permit application for a portable sign to be located on public property shall be accompanied by a certificate of insurance in the following amounts, or as approved by the City Attorney: (a) Public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) for injuries to each person, and in an amount not less than five hundred thousand dollars ($500,000.00) for any occurrence; (b) Property damage insurance in an amount not less than one hundred thousand dollars ($100,000.00) for damage to the property of each person on account of anyone occurrence; and (c) Insurance policies shall name the City of Arcadia an additional insured and shall constitute primary insurance for the City, its officers, agents and employees, so that any other policies held by the City shall not contribute to any loss under this insurance. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. Section 11. That Section 9260.3.15 is hereby added to read as follows: 9260.3.15. PORTABLE SIGNS. The use of small pedestrian oriented portable signs is permitted on public or private properties subject to the approval of a sign permit and the following standards: 1. A portable sign is any sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. This does not include temporary banners, posters and similar signs made of nonpermanent materials; 2. Only businesses with street frontage are permitted to have portable signs. Businesses that are located along pedestrian arcades/walkways having access to the street may also use portable signs, but shall not locate such signs within the public right-of-way. In addition, each group of businesses located along an arcade/walkway may use one portable directory sign listing all businesses along the arcade/walkway, . which may be located within the public right-of-way. No business shall be allowed to have more than one portable sign; Zc/ord2085 - 8- 2085 3. Portable signs may have a maximum sign area of six (6) square feet per face. The maximum height from ground level, shall be four (4) feet and the maximum width shall be two (2) feet; 4. Portable signs may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. Owners of such signs shall provide public liability insurance as set forth below or as approved by the City Attorney prior to approval of a sign permit; 5. Portable signs shall not encroach into required off-street parking areas, public roadways or alleys, and may not be arranged so as to create site distance conflicts or other traffic hazards. Portable signs shall not be placed within the corner curb return areas of intersections; 6. Portable signs shall be utilized only during regular business hours and shall be removed during nonbusiness hours; 7. Portable signs shall have a weighted base capable of keeping the sign upright in a moderate wind. 8. Materials for portable signs shall be of a permanent nature. Signs shall be constructed of durable, weather-resistant materials and not be subject to fading or damage from weather. The use of paper or cloth is not permitted unless located within a glass or plastic enclosure; 9. No lighting is permitted on or for portable signs; 10. Portable signs shall be professionally designed in an attractive manner meeting the approval of the Development Services Director or designee, and present an image of quality and creativity; 11. Portable signs shall be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance. Signs that are not maintained shall be removed immediately upon notice from the Development Services Director or designee; Zc/ord2085 - 9- 2085 12. Prior to placing any portable sign on private property or in the public right of way, a business owner shall receive approval of a sign application for Architectural Design Review from the Community Development Division; and 13. A sign permit application for a portable sign to be located on public property shall be accompanied by a certificate of insurance in the following amounts, or as approved by the City Attorney: (a) Public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) for injuries to each person, and in an amount not less than five hundred thousand dollars ($500,000.00) for any occurrence; (b) Property damage insurance in an amount not less than one hundred thousand dollars ($100,000.00) for damage to the property of each person on account of anyone occurrence; and (c) Insurance policies shall name the City of Arcadia an additional insured and shall constitute primary insurance for the City, its officers, agents and employees, so that any other policies held by the City shall not contribute to any loss under this insurance. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. Section 12. That Sections 9260.3.16 is hereby added to read as follows: 9260.3.16. PROMOTIONAL SALES AND ADVERTISING DEVICES. The following regulations shall be followed whenever promotional devices are used: 1. The use of temporary promotional sales and advertising devices shall be limited to no more than 20 days within a 90 day period. The use of permanent promotional displays (e.g. window signs and banners) is prohibited. 2. Temporary window signs should not cover more than 30% of the window area including any existing permanent window signs. Banner signs should not cover any portions of windows or doors. 3. Non metallic balloons shall be allowed provided: A. They do not exceed 12 inches in diameter and extend above the roofline of the building or extend beyond the portion of the building leased by the business; Zc/ord2085 - 10- 2085 B. They do not obstruct pedestrian or vehicular visibility; C. They do not overhang onto adjacent sidewalks, streets or other properties; D. Said balloons are maintained in good condition at all times, with damaged or deflated balloons being promptly removed; and E. That they are not displayed more than sixty (60) cumulative days per year. 4. No temporary promotional device shall be placed upon the public sidewalk or other public right-of-way and such device shall not be attached to any utility pole, traffic signal/sign, tree, or other similar objects located within the public right-of-way. 5. Portable, temporary signs are permitted in compliance with the requirements of the (CPD-1 or C-1) zone sign standards. Section 13. That Section 9262.4.19 is hereby added to read: 9262.4.19. PORTABLE SIGNS. The use of small pedestrian oriented portable signs is permitted on public or private properties subject to the approval of a sign permit and the following standards: 1. A portable sign is any sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. This does not include temporary banners, posters and similar signs made of nonpermanent materials; 2. Only businesses with street frontage are permitted to have portable signs. Businesses that are located along pedestrian arcadeslwalkways having access to the street may also use portable signs, but shall not locate such signs within the public right-of-way. In addition, each group of businesses located along an arcade/walkway may use one portable directory sign listing all businesses along the arcade/walkway, which may be located within the public right-of-way. No business shall be allowed to have more than one portable sign; 3. Portable signs may have a maximum sign area of six (6) square feet per face. The maximum height from ground level, shall be four (4) feet and the maximum width shall be two (2) feet; Zc/ord2085 - 11- 2085 4. Portable signs may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. Owners of such signs shall provide public liability insurance as set forth below or as approved by the City Attorney prior to approval of a sign permit; 5. Portable signs shall not encroach into required off-street parking areas, public roadways or alleys, and may not be arranged so as to create site distance conflicts or other traffic hazards. Portable signs shall not be placed within the corner curb return areas of intersections; 6. Portable signs shall be utilized only during regular business hours and shall be removed during nonbusiness hours; 7. Portable signs shall have a weighted base capable of keeping the sign upright in a moderate wind. 8. Materials for portable signs shall be of a permanent nature. Signs shall be constructed of durable, weather-resistant materials and not be subject to fading or damage from weather. The use of paper or cloth is not permitted unless located within a glass or plastic enclosure; 9. No lighting is permitted on or for portable signs; 10. Portable signs shall be professionally designed in an attractive manner meeting the approval of the Development Services Director or designee, and present an image of quality and creativity; 11. Portable signs shall be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance. Signs that are not maintained shall be removed immediately upon notice from the Development Services Director or designee; 12. Prior to placing any portable sign on private property or in the public right of way, a business owner shall receive approval of a sign application for Architectural Design Review from the Community Development Division; and Zc/ord2085 - 12- 2085 13. A sign permit application for a portable sign to be located on public property shall be accompanied by a certificate of insurance in the following amounts, or as approved by the City Attorney: (a) Public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) for injuries to each person, and in an amount not less than five hundred thousand dollars ($500,000.00) for any occurrence; (b) Property damage insurance in an amount not less than one hundred thousand dollars ($100,000.00) for damage to the property of each person on account of anyone occurrence; and (c) Insurance policies shall name the City of Arcadia an additional insured and shall constitute primary insurance for the City, its officers, agents and employees, so that any other policies held by the City shall not contribute to any loss under this insurance. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. Section 14. That number 5 of Subsection C of Section 9262.4.3. is hereby amended to read as follows: 5. Advertising signs attached to bicycle racks shall not be permitted. Section 15. That Section 9260.3.3.2 is hereby amended to read as follows: 9260.3.3.2. PERMITTED AND PROHIBITED SIGNS. Signs of the type listed below which advertise a business conducted on the premises on which the sign is located are permitted: 1. Wall Sign 2. Free-Standing Sign 3. Marquee Sign 4. Portable Signs Section 16. That Section 9262.4.8 subletter B "Exception" is hereby amended to read as follows. All other parts shall hereby remain the same. EXCEPTION: Temporary window signs which are in excess of the above limits shall be permitted to advertise special events, provided a business shall not use such temporary window signs for more than sixty (60) cumulative days in anyone (1) Zclord2085 - 13- 2085 calendar year. A sign permit shall be obtained from Building Services prior to the painting, posting or affixing. Before issuing a sign permit for a temporary window sign which is in excess of the limits outlined in subsection "B", above 4, the City shall charge and collect a fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Section 17. That Section 9262.4.13 is hereby amended to read as follows: 9262.4.13. TEMPORARY BANNERS Definition: A temporary banner is a sign which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which doe not require a building permit for its construction, or installation outside of a building. The Community Development Division may issue a permit for temporary banners, advertising special event, special sales or promotions, grand openings, changes in ownership or management, going-out-of-business sales, and similar events. Requests for a temporary banner shall be submitted in writing to the Community Development Division, and shall include a description of the banner, its general content, location on the property, size, banner construction (materials), the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A maximum of two (2) temporary banners, at anyone time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), for each business, shall not exceed thirty-two (32) square feet. The use of temporary banner(s) for each business shall not exceed more than sixty (60) cumulative days in anyone (1) calendar year with any single display period not to exceed a maximum of thirty (30) continuous days per year, with a minimum of two (2) weeks interval between times during which the banner(s) is displayed. Temporary banners for events or activities sponsored by non-profit organizations may be authorized for an additional thirty (30) cumulative days in anyone (1) calendar year. Notwithstanding any section of the Arcadia Municipal Code, the owner or person in possession of a banner in violation of this Title shall remove the same upon order of Zc/ord2085 - 14- 2085 the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is displayed shall be counted as one (1) full day." Section 18. That "C" of Section 9262.4.3 is hereby amended by adding a new number 7. All other parts of said section hereby remain the same. 7. Pennants, streamers, spinners, festoons and/or other similar-types of attention attracting displays are prohibited. Section 19. That Section 9262.4.12.1 is hereby added to read as follows: 9262.4.12.1. Same. Flags. Flags, which do not contain commercial messages in text form such as product brand names, business or professional service names, shall be allowed subject to the following restrictions: 1. Flags shall be mounted on the building to allow for a minimum clearance of 7'-0" over a pedestrian right-of-way and 15'-0" over a vehicular way and shall not extend above the top of the building's roof. 2. Maximum of two (2) flags shall be permitted. 3. Maximum area of flags shall not exceed fifteen (15) sq. ft. per flag. Section 20. That Section 9264.3.9 is hereby amended to read as follows: Section 9264.3.9. OUTDOOR USES/SALES OR DISPLAY OF MERCHANDISE. All merchandise shall be displayed within a completely enclosed building. Outdoor displays shall be allowed provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. Outdoor displays shall not include merchandise typically for sale on the premises except for florist and antique shops. Sales tags showing the cost of said merchandise shall be prohibited. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. Owners of said business shall provide public liability insurance in an amount approved by the City Attorney. Temporary outdoor sales/promotional events may be allowed on the public right- of-way through the approval of a permit as set forth in Section 6324.18.5 (Sidewalk Sales). Temporary outdoor sales/promotional events shall be conducted in compliance with the regulations set forth in Section 6439.12 (Condition of Sidewalk sales). Zc/ord2085 - 15- 2085 EXCEPTION: Temporary outdoor sales/promotional events including only merchandise typically for sale on the premises may be allowed on the public right-of- way in conjunction with a "farmers market" or other City or downtown business association sponsored event. Section 21. That Section 9264.3.9.1 is hereby added to read as follows: 9264.3.9.1. SAME. The placement and arrangement of outdoor displays shall be subject to the review and approval of the Development Services Director or designee. Section 22. That Section 9262.6.11 is hereby added to read as follows: 9262.6.11. OUTDOOR USES/SALES OR DISPLAY OF MERCHANDISE. All merchandise shall be displayed within a completely enclosed building. Outdoor displays shall be allowed provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. Outdoor displays shall not include merchandise typically for sale on the premises except for florist and antique shops. Sales tags showing the cost of said merchandise shall be prohibited. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. Owners of said business shall provide public liability insurance in an amount approved by the City Attorney. Temporary outdoor sales/promotional events may be allowed on the public right-of-way through the approval of a permit as set forth in Section 6324.18.5 (Sidewalk Sales). Temporary outdoor sales/promotional events shall be conducted in compliance with the regulations set forth in Section 6439.12 (Condition of Sidewalk sales). The placement and arrangement of outdoor displays shall be subject to the review and approval of the Development Services Director or designee. Section 23. That Section 9263.6.8 is hereby added to read as follows: 9263.6.8. OUTDOOR USES/SALES OR DISPLAY OF MERCHANDISE. All merchandise shall be displayed within a completely enclosed building. Outdoor displays shall be allowed provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. Outdoor displays shall not include merchandise typically for sale on the premises except for florist and antique Zc/ord2085 - 16- 2085 shops. Sales tags showing the cost of said merchandise shall be prohibited. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. Owners of said business shall provide public liability insurance in an amount approved by the City Attorney. Temporary outdoor sales/promotional events may be allowed on the public right-of-way through the approval of a permit as set forth in Section 6324.18.5 (Sidewalk Sales). Temporary outdoor sales/promotional events shall be conducted in compliance with the regulations set forth in Section 6439.12 (Condition of Sidewalk sales). The placement and arrangement of outdoor displays shall be subject to the review and approval of the Development Services Director or designee. Section 24. That Section 9262.4.20 is hereby added to read as follows: 9262.4.20. PROMOTIONAL SALES AND ADVERTISING DEVICES. The following regulations shall be followed whenever promotional devices are used: 1. The use of temporary promotional sales and advertising devices shall be limited to no more than 20 days within a 90 day period. The use of permanent promotional displays (e.g. window signs and banners) is prohibited. 2. Temporary window signs should not cover more than 30% of the window area including any existing permanent window signs. Banner signs should not cover any portions of windows or doors. 3. Non metallic balloons shall be allowed provided: A. They do not exceed 12 inches in diameter and extend above the roofline of the building or extend beyond the portion of the building leased by the business; B. They do not obstruct pedestrian or vehicular visibility; C. They do not overhang onto adjacent sidewalks, streets or other properties; D. Said balloons are maintained in good condition at all times, with damaged or deflated balloons being promptly removed; and E. That they are not displayed more than sixty (60) cumulative days per year. Zc/ord2085 - 17- 2085 4. No temporary promotional device shall be placed upon the public sidewalk or other public right-of-way and such device shall not be attached to any utility pole, traffic signal/sign, tree, or other similar objects located within the public right-of-way. 5. Portable, temporary signs are permitted in compliance with the requirements of the (CPD-1 or C-1) zone sign standards. Section 25. That Section 9264.3.13 is hereby added to read as follows: 9264.3.13. PROMOTIONAL SALES AND ADVERTISING DEVICES. The following regulations shall be followed whenever promotional devices are used: 1. The use of temporary promotional sales and advertising devices shall be limited to no more than 20 days within a 90 day period. The use of permanent promotional displays (e.g. window signs and banners) is prohibited. 2. Temporary window signs should not cover more than 30% of the window area including any existing permanent window signs. Banner signs should not cover any portions of windows or doors. 3. Non metallic balloons shall be allowed provided: A. They do not exceed 12 inches in diameter and extend above the roofline of the building or extend beyond the portion of the building leased by the business; B. They do not obstruct pedestrian or vehicular visibility; C. They do not overhang onto adjacent sidewalks, streets or other properties; D. Said balloons are maintained in good condition at all times, with damaged or deflated balloons being promptly removed; and E. That they are not displayed more than sixty (60) cumulative days per year. 4. No temporary promotional device shall be placed upon the public sidewalk or other public right-of-way and such device shall not be attached to any utility pole, traffic signal/sign, tree, or other similar objects located within the public right-of-way. Zc/ord2085 - 18- 2085 5. Portable, temporary signs are permitted in compliance with the requirements of the CBD zone sign standards. Section 26. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 5th day of May, 1998. ~A~A. }iI//JAO~~) Ma of the ity of Arcadia ATTEST: ~~~~d;' Approved as to Form: .1!lJi ij f!)~ Michael H. Miller, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2085 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 5th day of May , 1998, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Harvicht, llarshall and Kovacic NOES: None ABSENT: Councilmember Roncelli Zc/ord2085 Ci - 19- 2085