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HomeMy WebLinkAboutPC Resolution 16-3007RESOLUTION NO. 16-3007 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'/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: 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 Resolution No. 16-3007 Downey Planning Commission 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-3-0 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 maybe conducted a maximum often (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 ('/2) 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 Yard Sales - PLN -16-00244 November 2, 2016 - Page 2 Resolution No. 16-3007 Downey Planning Commission 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 yard sales on any given weekend. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of November, 2016. Mat's 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 2"d day of November, 2016, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None City Planning Commission Yard Sales - PLN -16-00244 November 2, 2016 - Page 3 x � r