Loading...
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"