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HomeMy WebLinkAbout3. Code Amendment - Yard SalesSTAFF REPORT PLANNING DIVISION DATE: NOVEMBER 2, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER SUBJECT: PLN-16-00244 (ZONE TEXT AMENDMENT) – A REQUEST TO AMEND SECTION 9420.22 OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING YARD SALES LOCATION: CITYWIDE ZONING: ALL REPORT SUMMARY The Municipal Code allows residential properties to conduct yard sales for two consecutive days (this may be extended on holidays) up to twice a year. Due to a recent proliferation of yard sales, the City Council directed Staff to amend the Municipal Code to reduce the number of days yard sales are allowed and to set a cap on the number of permits that will be issued for them. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE TEXT AMENDMENT (PLN-16-00244), THEREBY AMENDING SECTION 9420.22 OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING YARD SALES BACKGROUND Due to concerns about the number of yard sales occurring, the City Council conducted a discussion of the City’s regulations on April 26, 2016. Upon conclusion of the discussion, the City Council requested staff to further research the topic, survey other cities, and return with suggestions and options. As a result, staff surveyed the following cities: Anaheim, Brea, Buena Park, Cerritos, Fullerton, La Mirada, Lakewood, Orange, Pasadena and Whittier. Of the ten cities surveyed, only three require a permit, and among those cities one does not charge a fee, while another refunds the fee if no violations are reported, and two provide weekend staff coverage. The remaining seven Agenda Page 1 Yard Sales - PLN-16-00244 November 2, 2016 - Page 2 cities do not require yard sale permits, do not charges fees for yard sales, do not track the number of yard sales, and only one of those seven cities provide weekend enforcement of the yard sales. The allowable days varied amongst the ten cities surveyed regardless of the activity being permitted. Six of the ten cities allow yard sales twice per year. Two of the ten cities allow yard sales quarterly. One allows yard sales three times per year and another does not have restrictions on the amount of yard sales per year. Staff returned to City Council on August 23, 2016 to present to the following options (in no order of priority): 1. Reduce yard sale hours of operation from 7:00 a.m. to 8:00 p.m. to 7:00 a.m. to 3:00 p.m.; 2. Reduce the allowable days per week, from Monday through Sunday, to Friday, Saturday and Sunday; 3. Limit yard sales to no more than two consecutive days, thus eliminating the allowance for yard sales to occur for three days consecutive days on extended national holidays; 4. Increase fee from $10 to $20; 5. Restrict the daily amount of permits to 105; and 6. Add one Part-Time Code Enforcement Officer. After a discussion, the City Council directed staff to initiate the necessary actions to adopt all six options. Four of the six options adopted by the City Council necessitate amendments to the Zoning Code, which requires the Planning Commission’s review. The other two options (changes to fees and staffing levels) do not fall within the Planning Commission’s jurisdiction. Notice of the pending public hearing was published in the Downey Patriot as a 1/8th page ad on October 20, 2016. DISCUSSION Yard sales are regulated by Municipal Code Section 9420.22. They are allowed in any residential zone and can occur on any day of the week between the hours of 7:00 a.m. to 8:00 p.m. A yard sale may only be conducted by a resident that lives on the property and may only take place in the garage and/or driveway. If no driveway exists, then the resident may use ½ of their front yard. Yard sales can be beneficial to residents by allowing them to sell unwanted and/or unneeded personal items and reduce clutter. This benefit is not without impacts on the neighbors. Specifically, frequent operations of yard sales increases traffic and noise in residential neighborhoods and can create aesthetic concerns with personal items placed on front yards. The proposed amendment will 1) Limit the days of the week that yard sales could occur to Friday, Saturday, and Sunday; 2) Reduce the hours of operation to 7:00 a.m. to 3:00 p.m.; 3) Limit yard sales to two consecutive days; and 4) Cap the number of permits issued each weekend. As such, Section 9420.22 of the Municipal Code will be amended as follows (blue underline denotes new language and red strikethrough denotes deleted language): SECTION 9420.22. GARAGE, YARD, MOVING, AND ESTATE SALES. Upon the issuance of a permit by the City Planner, garage, yard, moving, or estate sales are allowed in the garage, driveway, and/or front yard or setback areas of a dwelling unit Agenda Page 2 Yard Sales - PLN-16-00244 November 2, 2016 - Page 3 in the R-1, R-2, R-3, or R-3-O zones. Garage, yard, moving, and estate sales include the display of personal household goods for sale. Garage, yard, moving, and estate sales shall be permitted as temporary accessory uses in residential zones subject to the following regulations: (a) Application. An application to conduct a garage, yard, moving, or estate sale shall be made to the City Planner provided on forms provided by the City Planner available at the City. (b) Fee. Such applicant shall pay a fee as determined by the Council Resolution for each permit at the time of issuance. (c) Sale Frequency. (1) Garage, yard, or moving sales may be conducted a maximum of two (2) times per calendar year per residence and shall only be conducted on Friday, Saturday or Sunday; however, they may not be conducted for more than two (2) consecutive days or three (3) days on extended national holidays. Inclement weather may extend the period of time equal to the days lost. (2) Estate sales may be conducted a maximum of ten (10) days per calendar year per residence and may not be conducted on more than two (2) consecutive weekends. (d) Hours. The hours of the garage, yard, moving, and estate sales shall be no earlier than 7:00 a.m. and no later than 3:00 8:00 p.m. (e) Sale Area. (1) Garage, yard, and moving sales areas shall be confined to the garage and the driveway area within the front setback area. Where no driveway exists, one-half (½) of the property width in the front setback area may be used for the sale of merchandise. (2) Estate sales shall only include sale of household goods inside the dwelling unit. (3) No item for sale shall obstruct the public right-of-way. (f) Prohibitions. It is unlawful for any person to exchange, barter, trade, or sell any of the following at a garage, yard, moving, or estate sale: firearms, ammunition, or explosives; undomesticated animals and livestock; any item of personal property from which the serial number has been removed; or any other item prohibited by City, county, state, or federal law. Additionally, outside consignments and lot purchases and the like shall not be permitted. (g) Estate Sales. Estate sales shall only be conducted by a duly licensed and bonded liquidation company. The amount of bond shall be as determined by the City Planner. (h) Limits on Permit Issuance. The City shall not issue more than 105 permits for any given weekend. Agenda Page 3 Yard Sales - PLN-16-00244 November 2, 2016 - Page 4 DEVELOPMENT REVIEW COMMITTEE Not applicable. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5 - Minor Alteration in Land Use Limitations). Class 5 exemptions consist of alternations to land use limitations in areas that have a slope of less than 20% and do not result in changes to the land use or densities. The proposed Zone Text Amendment will continue to allow yard sales, but in a limited capacity. It does not create a new land use or add density to the existing residential areas. Finally, the City is relatively flat with average slopes in the 1%-2% range. It is staff’s opinion that the proposed alteration to a land use limitation (the zone text amendment) is minor in nature since it does not add new permitted uses to the zoning. Accordingly, staff believes that this Zone Text Amendment qualifies for the Class 5 exemption under CEQA. FINDINGS Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted prior to the City approving the Zone Text Amendment. A discussion of the findings follows: A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed code amendment will alter the regulations on yard sales in the City of Downey and limit the number, days, and hours that yard sales could occur. It is staff’s opinion that this reduction in yard sales is necessary to reduce the impacts that yard sales have on the residential neighborhoods. Specifically, staff believes that extensive operation of yard sales brings additional traffic and noise to the residential areas of the City. Staff feels that limiting the hours and days of operation, and limiting the number of number of permits issued will reduce the impacts on those who reside in the City. This will serve to protect the public health, safety, and welfare of the City’s residents. B. The proposed amendment is in general conformance with the General Plan. On January 25, 2005, the City of Downey adopted Vision 2025, a Comprehensive update to the General Plan. This update included adopting several polices to guide development in the City. General Plan Policy 1.3.1, states, “Minimize or eliminate conflicts where incompatible land uses are in proximity to each other.” As noted in the previous finding, staff is of the opinion that frequent yard sales can create impacts on residential neighborhoods. Approval of this amendment will minimize those impacts, while protecting the resident’s ability to sell their personal items. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. Agenda Page 4 Yard Sales - PLN-16-00244 November 2, 2016 - Page 5 CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed Zone Text Amendment (PLN-16-00244) will serve to protect the health, safety, and welfare of the community by reducing impacts from the operation of yard sales. Furthermore, staff is concluding that both findings required to approve the amendment can be made in a positive manner. As such, staff is recommending that the Planning Commission recommend to the City Council that they approve the Zone Text Amendment (PLN-16-00244), thereby amending the Zoning Code with regards to yard sales. EXHIBITS A. Draft Resolution Agenda Page 5 RESOLUTION NO. 16-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE TEXT AMENDMENT (PLN-16-00244), THEREBY AMENDING SECTION 9420.22 OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING YARD SALES THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On April 26, 2016 and August 23, 2016, the City Council of the City of Downey discussed the operation of yard sales. At the conclusion of the August 23, 2016 meeting, the City Council directed staff to amend the Zoning Code to reduce the hours, days, and number of yards sales that occur within the City; and, B. On October 20, 2016, notice of the pending application published in the Downey Patriot as an 1/8th page ad; and, C. The Planning Commission held a duly noticed public hearing on November 2, 2016, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section 15305 (Class 5 - Minor Alteration in Land Use Limitations). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed code amendment will alter the regulations on yard sales in the City of Downey and limit the number, days, and hours that yard sales could occur. This reduction in yard sales is necessary to reduce the impacts that yard sales have on the residential neighborhoods. Specifically, the extensive operation of yard sales brings additional traffic and noise to the residential areas of the City. By limiting the hours and days of operation and limiting the number of number of permits issued, a reduction of those impacts on those who reside in the City will occur. This will serve to protect the public health, safety, and welfare of the City’s residents. 2. The proposed amendment is in general conformance with the General Plan. On January 25, 2005, the City of Downey adopted Vision 2025, a Comprehensive update to the General Plan. This update included adopting several polices to guide development in the City. General Plan Policy 1.3.1, states, “Minimize or eliminate Agenda Page 6 Resolution No. ___________ Downey Planning Commission Yard Sales - PLN-16-00244 November 2, 2016 - Page 2 conflicts where incompatible land uses are in proximity to each other.” As noted in the previous finding, frequent yard sales can create impacts on residential neighborhoods. Approval of this amendment will minimize those impacts, while protecting the resident’s ability to sell their personal items. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 9420.22 of Article IX of the Downey Municipal Code to read as follows: SECTION 9420.22. GARAGE, YARD, MOVING, AND ESTATE SALES. Upon the issuance of a permit by the City Planner, garage, yard, moving, or estate sales are allowed in the garage, driveway, and/or front yard or setback areas of a dwelling unit in the R-1, R-2, R-3, or R-3-O zones. Garage, yard, moving, and estate sales include the display of personal household goods for sale. Garage, yard, moving, and estate sales shall be permitted as temporary accessory uses in residential zones subject to the following regulations: (a) Application. An application to conduct a garage, yard, moving, or estate sale shall be made to the City Planner provided on forms provided by the City Planner available at the City. (b) Fee. Such applicant shall pay a fee as determined by the Council Resolution for each permit at the time of issuance. (c) Sale Frequency. (1) Garage, yard, or moving sales may be conducted a maximum of two (2) times per calendar year per residence and shall only be conducted on Friday, Saturday or Sunday; however, they may not be conducted for more than two (2) consecutive days. Inclement weather may extend the period of time equal to the days lost. (2) Estate sales may be conducted a maximum of ten (10) days per calendar year per residence and may not be conducted on more than two (2) consecutive weekends. (d) Hours. The hours of the garage, yard, moving, and estate sales shall be no earlier than 7:00 a.m. and no later than 3:00 p.m. (e) Sale Area. (1) Garage, yard, and moving sales areas shall be confined to the garage and the driveway area within the front setback area. Where no driveway exists, one-half (½) of the property width in the front setback area may be used for the sale of merchandise. (2) Estate sales shall only include sale of household goods inside the dwelling unit. (3) No item for sale shall obstruct the public right-of-way. (f) Prohibitions. It is unlawful for any person to exchange, barter, trade, or sell any of the following at a garage, yard, moving, or estate sale: firearms, ammunition, or Agenda Page 7 Resolution No. ___________ Downey Planning Commission Yard Sales - PLN-16-00244 November 2, 2016 - Page 3 explosives; undomesticated animals and livestock; any item of personal property from which the serial number has been removed; or any other item prohibited by City, county, state, or federal law. Additionally, outside consignments and lot purchases and the like shall not be permitted. (g) Estate Sales. Estate sales shall only be conducted by a duly licensed and bonded liquidation company. The amount of bond shall be as determined by the City Planner. (h) Limits on Permit Issuance. The City shall not issue more than 105 permits for any given weekend. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of November, 2016. Matias Flores, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 2nd day of November, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 8