HomeMy WebLinkAboutItem 3a: Ordinance 2278: Locations for Outdoor Christmas Tree and Pumpkin SalesSUMMARY
BACKGROUND
STAFF REPORT
Development Services Department
DATE: October 19, 2010
TO: Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directory
By: Jim Kasama, Community Development Administrat
SUBJECT: CONSIDERATION OF ORDINANCE NO. 2278 AMENDING ARTICLE
VI (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS)
OF THE ARCADIA MUNICIPAL CODE TO SPECIFY LOCATIONS
FOR OUTDOOR CHRISTMAS TREE AND PUMPKIN SALES
Recommendation: Introduce Ordinance No. 2278
At the September 21, 2010 . City Council meeting, the Development Services
Department was directed to bring forward a proposal to amend the City's business
licensing regulations to specify locations where seasonal Christmas Tree Sales and
Pumpkin Sales are allowed. This ordinance is being proposed in response to a
complaint that revealed that a pumpkin patch and Christmas tree lot that had been
permitted to operate for several years on a residentially -zoned lot should not have
been permitted because such sales are not allowed on residentially -zoned lots. The
proposed ordinance would allow Christmas Tree Sales and Pumpkin Sales on most
commercial and industrial lots; and, by City Council approval, on vacant
re i dentially -zoned lots or any lot owned or occupied by a nonprofit, religious or
other philanthropic organization.
The regulations for Christmas Tree Sales and Pumpkin Sales are in the business
licensing portion of the Arcadia Municipal Code (AMC). The current regulations are
attached. These regulations primarily address the operational aspects of these
uses, and except for Section 9281.4 in the zoning regulations that allows by a 3/5
vote of the City Council, the sales of Christmas trees and fireworks on R -3, Multiple -
Family zoned property that is adjacent to commercially -zoned property, the AMC
does not specify where Christmas Tree Sales and Pumpkin Sales may be held.
Given that lack of specificity, Christmas Tree Sales and Pumpkin Sales should only
be allowed in the C -2, General Commercial and C -M, Commercial- Manufacturing
zones. These are the only two (2) zones that allow for general retail businesses.
In the past few years, Christmas Tree Sales and Pumpkin Sales have been
permitted at the following four (4) locations:
• 837 S. Baldwin Avenue — a vacant lot zoned C -2 on the west side of Baldwin
Avenue south of Huntington Drive behind CHASE Bank
• 23 W. Foothill Boulevard — a vacant lot zoned R -0 immediately to the west of
Emmanuel Church
• 130 W. Huntington Drive — in the parking lot of the Santa Anita Inn that is
zoned C -2
• 168 W. Las Tunas Drive — a vacant lot zoned C -2 immediately to the east of
the CVS store at Las Tunas Drive and El Monte Avenue
The second location, 23 W. Foothill Boulevard should not have been permitted, and
it is this location that was the subject of a complaint that revealed the lack of
specificity in the Arcadia Municipal Code with regard to locations at which Christmas
Tree Sales and Pumpkin Sales may be permitted.
Reverend Tom Shriver, the pastor of Emmanuel Church at 23 W. Foothill Boulevard,
addressed the City Council at the September 21, 2010 meeting in regards to not
being allowed to have pumpkin sales or Christmas tree sales on the vacant lot that
the Church owns, and asked if there is some way to make these sales allowable.
The City Council agreed that there should be a way to consider such sales on
residentially -zoned property, but on a case -by -case basis, and directed staff to draft
regulations to address this matter.
The proposed ordinance would allow Christmas Tree Sales and Pumpkin Sales on
most commercial and industrial Tots, and by City Council approval, on vacant
residentially -zoned lots or any lot owned or occupied by a nonprofit, religious or
other philanthropic organization.
DISCUSSION
Staff has prepared the attached Ordinance No. 2278 to add two (2) provisions to the
regulations for Christmas Tree Sales and Pumpkin Sales. The first provision states
that such sales may be permitted on C -1, Limited - Commercial or Tess restrictive
commercial and industrial lots, and by City Council approval on vacant residential
lots or any lot owned or occupied by a nonprofit charitable, religious or other
philanthropic organization. The second provision is a noticing requirement to the
owners of property adjacent to a vacant residential lot or lot owned by a nonprofit
charitable, religious or other philanthropic organization to provide those owners an
opportunity to comment on a proposal for Christmas Tree Sales and /or Pumpkin
Ord. No. 2278
Christmas Tree & Pumpkin Sales
October 19, 2010 — Page 2 of 4
Sales on a lot adjacent to their property. The proposed Ordinance would add the
following two (2) Sections to the business licensing regulations:
6436.1.1. LOCATION.
Outdoor Christmas tree and pumpkin sales are authorized at C -1 or
less restrictive commercially and industrially -zoned properties, and by an
affirmative vote of at least three (3) members of the City Council, may be
authorized on vacant residentially -zoned properties and any property owned
or occupied by a nonprofit charitable, religious, patriotic, philanthropic,
benevolent or fraternal organization, subject to any conditions imposed by
the City Council.
6436.1.2. NOTICE.
Written notice that the City Council will consider the use of a property
for outdoor Christmas tree and pumpkin sales shall be mailed, postage
prepaid, not less than ten (10) calendar days before the date of such
consideration, to all the owners of properties adjacent to the property at
which Christmas tree and /or pumpkin sales are proposed to be authorized.
The proposal expands the locations at which these sales may be held from C -2 and
C -M to include C -1, Limited Commercial as well as any industrially -zoned properties.
It also expands the types of properties that by a 3/5 vote of the City Council may be
authorized to have these sales from R -3 to any vacant residential lot or any lot
owned or occupied by a nonprofit charitable, religious or other philanthropic
organization. Staff is proposing to expand the potential locations for Christmas Tree
Sales and Pumpkin Sales because they are seasonal, held for limited periods,
should be allowed wherever general retail sales are allowed, and are often fund-
raisers for nonprofit organizations.
Additionally, staff is including a noticing procedure so that the owners of those
properties that are adjacent to a vacant residentially -zoned property or are adjacent
to a property that is owned or occupied by a church, lodge or other nonprofit
organization will have an opportunity to comment on a request for that property to be
used for Christmas Tree Sales and /or Pumpkin Sales.
If adopted, this Ordinance would enable an applicant to request approval by the City
Council to be allowed to conduct outdoor Christmas Tree Sales and /or Pumpkin
Sales on any vacant residentially -zoned lot or any lot owned or occupied by a
nonprofit charitable, religious or other philanthropic organization. The vacant lot to
the west of Emmanuel Church, which was the subject of a complaint that revealed
the lack of specificity in the Arcadia Municipal Code with regard to locations for
Christmas Tree and Pumpkin Sales is zoned R -0, Single - Family Residential and is
owned by a church council. This Ordinance will not be effective in time for Pumpkin
Sales to be approved for this property for this Halloween, but an application for
Christmas Tree Sales at this property is likely to be submitted as soon as possible.
Ord. No. 2278
Christmas Tree & Pumpkin Sales
October 19, 2010 — Page 3 of 4
ENVIRONMENTAL ANALYSIS
The proposed ordinance and Christmas Tree Sales and Pumpkin Sales are exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant
to Sections 15061(b)(3) and 15304(e) respectively, of the CEQA guidelines. The
ordinance is exempt because it has no potential for causing a significant effect on
the environment. The ordinance either allows for additional land uses that are
consistent with the types of land uses already allowed at the specified locations, or
will subject the applicable land uses to an individual discretionary review that may be
subject to CEQA. Christmas Tree Sales and Pumpkin Sales are categorically
exempt as a minor temporary use of land that has negligible or no permanent effects
on the environment. A Preliminary Exemption Assessment is attached.
FISCAL IMPACT
The proposed ordinance will have no direct fiscal impact.
RECOMMENDATION
The Development Services Department recommends acceptance of the CEQA
exemption determination and introduction of Ordinance No. 2278:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS,
TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL CODE TO
SPECIFY LOCATIONS FOR OUTDOOR CHRISTMAS TREE AND
PUMPKIN SALES
Approved by:
Donald Penman, City Manager
Attachments: Ordinance No. 2278
Christmas Tree Sales and Pumpkin Sales Regulations
Preliminary Exemption Assessment
Ord. No. 2278
Christmas Tree & Pumpkin Sales
October 19, 2010 — Page 4 of 4
ORDINANCE NO. 2278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS,
TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL CODE
TO SPECIFY LOCATIONS FOR OUTDOOR CHRISTMAS TREE AND
PUMPKIN SALES
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Sections 6436.1.1 and 6436.1.2 are hereby added to Part, 3,
Division 6, Article VI of the Arcadia Municipal Code to read in its entirety as follows:
"6436.1.1. LOCATION.
Outdoor Christmas tree and pumpkin sales are authorized at C -1 or less
restrictive commercially and industrially -zoned properties, and by an affirmative vote of
at least three (3) members of the City Council, may be authorized on vacant
residentially -zoned properties and any property owned or occupied by a nonprofit
charitable, religious, patriotic, philanthropic, benevolent or fraternal organization, subject
to any conditions imposed by the City Council.
6436.1.2. NOTICE.
Written notice that the City Council will consider the use of a property for outdoor
Christmas tree and pumpkin sales shall be mailed, postage prepaid, not less than ten
(10) calendar days before the date of such consideration, to all the owners of properties
adjacent to the property at which Christmas tree and /or pumpkin sales are proposed to
be authorized."
SECTION 2. 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. This Ordinance shall take effect thirty -one
(31) days after its adoption.
Passed, approved and adopted this day of , 2010.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2
Mayor of the City of Arcadia
ARTICLE VI. CHAPTER 4. PART 3. DIVISION 6.
CHRISTMAS TREE SALES AND PUMPKIN SALES
6436. - REQUIREMENTS AND REGULATIONS.
Every business required to be licensed pursuant to Section 6220.12 shall comply
with the regulations specified in the following subsections.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1896 adopted 10- 20 -88)
6436.1. - SELLER'S PERMIT.
Each applicant for a business license pursuant to Section 6220.12 shall at the
time of his application present to the License Officer a California State Board of
Equalization seller's permit, either temporary or permanent, for the location for which
application is made, together with a certificate of occupancy for the location issued by the
Building Official.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1896 adopted 10- 20 -88)
6436.2. - POWER POLE.
A power pole shall be installed on each vacant lot where Christmas trees or
pumpkins are sold.
a. All lighting equipment and the power pole for Christmas tree sales locations
shall be removed on or before December 31st of the year in which it was installed.
b. All lighting equipment and the power pole for pumpkin sales locations shall be
removed on or before November 6th of the year in which it was installed.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1846 adopted 4- 21 -87)
6436.3. - OVERHEAD LIGHTING.
All overhead lighting shall be placed upon 4" x 4" poles installed at least thirty (30)
inches into the ground.
(Added by Ord. 1184 adopted 8- 21 -62)
6436.4. - APPROVAL.
Prior to installation an electrical permit shall be obtained for all power poles and
lighting equipment and the type and installation of all lighting equipment shall be
approved by the Building Official. The power source for all lighting on property already
served by electricity shall be approved by the Building Official.
(Added by Ord. 1184 adopted 8- 21 -62)
6436.5. - SIGNS.
Each lot where Christmas trees or pumpkins are sold may have not more than two
(2) banners, and one (1) free - standing sign. The maximum total surface area of all
banners shall not exceed thirty -two (32) square feet. The surface area of the free-
standing sign shall not exceed thirty -two (32) square feet per face. The location of all
signs shall comply with the driveway visibility standards on file with the Planning
Department.
Pennants, streamers, and similar sign displays shall not be permitted.
Small directional signs may be permitted subject to the approval of the Director of
Planning or his authorized representative.
No signs shall be installed prior to the issuance of the business license, and not
more than forty -five (45) days prior to the required date of the sign's removal.
a. All signs for Christmas tree sales locations shall be removed on or before
Christmas Tree & Pumpkin Sales Regulations
December 31st of the year in which it was installed.
b. All signs for pumpkin sales locations shall be removed on or before November
6th of the year in which it was installed.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1846 adopted 4- 21 -87)
6436.6. - TOILET FACILITIES.
Unless permanent toilet facilities for each sex are available for public use on the
lot, two (2) chemical toilets shall be maintained thereon for public use at all times during
which the Christmas trees or pumpkins are being offered for sale, one to be marked
"Men" and one to be marked "Women."
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1846 adopted 4- 21 -87)
6436.7. - FIRE REGULATIONS.
a. No open fires shall be allowed on any lot and compliance with all local fire
regulations shall be required.
b. The Fire Chief or his designee shall approve the size, location and placement
of all tents and canopies used for storage and sales of Christmas trees.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1958 adopted 12 -3 -91)
6436.8. - SPRAYING.
All installations for the spraying of Christmas trees and the method of spraying
shall be approved by the Fire Department.
(Added by Ord. 1184 adopted 8- 21 -62)
6436.9. - REMOVAL OF RUBBISH.
a. All debris, rubbish, trash, etc. from such Christmas tree sales locations that
constitute a fire hazard or nuisance shall be removed by December 31st of the year in
which the license was issued.
b. All debris, rubbish, trash, etc. from such pumpkin sales locations that
constitute a fire hazard or nuisance shall be removed by November 6th of the year in
which the license was issued.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1846 adopted 4- 21 -87)
6436.10. - BOND.
A cash bond of one hundred and no /100 dollars ($100.00) shall be filed with the
Department of Building and Safety at the time of issuance of the certificate of occupancy
to insure compliance with the foregoing conditions. Refund of the cash bond shall be
made only if all requirements have been met to the satisfaction of the Superintendent of
Building and Safety.
(Added by Ord. 1184 adopted 8- 21 -62)
6436.11. - SEPARATE LICENSE REQUIRED.
A separate license and a separate certificate of occupancy shall be required for
each location.
(Added by Ord. 1184 adopted 8- 21 -62)
6436.12. - APPLICABILITY TO NON - PROFIT ORGANIZATIONS.
Except as otherwise provided in the following subsections, the provisions of this
Division shall apply to organizations exempted by Section 6220.11.2 from the payment of
the license fee specified in Section 6220.12.
Christmas Tree & Pumpkin Sales Regulations
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1896 adopted 10- 20 -88)
6436.12.1. - SAME. SELLER'S PERMIT.
In lieu of the seller's permit specified in Section 6436.1, any organization
exempted by Section 6220.12.2 may file a written statement from the State Board of
Equalization that no seller's permit is required of such organization for the activity
regulated by this Division.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1896 adopted 10- 20 -88)
6436.12.2. - SAME. BOND.
The cash bond specified in Section 6436.10 may be waived by the Superintendent
of Building and Safety as to any organization exempted by Section 6220.12.2 if in his
opinion such bond will not be necessary to insure compliance with the provisions of this
Division because of special circumstances applicable to such organization and its
proposed location of sales.
(Added by Ord. 1184 adopted 8- 21 -62)
6436.13. - OUTDOOR STORAGE.
a. Pre - existing retail businesses engaging in Christmas tree sales on their
property may store such trees outside of their building between December 1st and
December 25th of each year. Such trees may only be stored on:
(1) Private pedestrian walkways adjacent to such business in such a manner as to
provide reasonable pedestrian passageway along the length of such walkway; or
(2) The parking lot area of such business, provided that not more than ten percent
(10 %) of the total required parking spaces shall be used and that there shall be no
interference with the normal flow of traffic in the parking lot.
b. Pre - existing retail businesses engaged in pumpkin sales on their property may
store such pumpkins outside of their building between October 5th and October 31st of
each year. Such pumpkins may only be stored on:
(1) Private pedestrian walkways adjacent to such business in such a manner as to
provide reasonable pedestrian passageway along the length of such walkway; or
(2) The parking lot area of such business, provided that not more than ten percent
(10 %) of the total required parking spaces shall be used and that there shall be no
interference with the normal flow of traffic in the parking lot.
(Added by Ord. 1184 adopted 8- 21 -62; amended by Ord. 1846 adopted 4- 21 -87)
Christmas Tree & Pumpkin Sales Regulations
1.
Name or description of project:
Ordinance No. 2278 — An Ordinance of the City Council of the City
of Arcadia, California, amending Article VI (Businesses,
Professions, Trades and Occupations) of the Arcadia Municipal
Code to specify locations for outdoor Christmas tree and pumpkin
sales
2.
Project Location — Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15' or 7 1/2'
topographical map identified by
quadrangle name):
Citywide
3.
Entity or person undertaking
project:
A. City of Arcadia — Development Services Department
B. Other (Private)
(1) Name
(2) Address 1
4.
Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. ❑
The proposed action does not constitute a project under CEQA.
b. ❑
The project is a Ministerial Project.
c. ❑
The project is an Emergency Project.
d. ❑
The project constitutes a feasibility or planning study.
e.
The project is categorically exempt.
Applicable Exemption Class:
Class 4 — 15304(e) — Minor temporary use of land with
negligible or no permanent effects on the environment
f. ❑
The project is statutorily exempt.
Applicable Exemption: �
g.
The project is otherwise exempt
on the following basis:
15061(b)(3) No potential for causing a significant
effect on the environment
h. ❑
The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: October 13, 2010
Preliminary Exemption Assessment\2010
-CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Staff: Jim Kasama, Community Development Administrator
FORM "A"