HomeMy WebLinkAbout1-14-14 Item #16CITY OF
LADE I LSINOIZE
DREAM EXTREMEW
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: JANUARY 14, 2014
SUBJECT: CODE AMENDMENT REGARDING YARD GARAGE AND HOUSE
SALES — AN AMENDMENT TO LAKE ELSINORE MUNICIPAL
CODE SECTION 5.112, YARD, GARAGE, AND HOUSE SALES
SETTING FORTH REVISED REGULATIONS.
Recommendation
1. Waive further reading and introduce by title only Ordinance No. 2014 -1321 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTER 5.112 OF THE LAKE ELSINORE MUNICIPAL CODE
amending certain procedures and regulations for yard, garage, and house sales.
Background
At its regular meeting on October 15, 2013, during City Council comments Mayor Pro
Tern Johnson requested staff to pursue drafting an ordinance that would amend certain
procedures and regulations set forth in Lake Elsinore Municipal Code Section (LEMC)
5.112 pertaining to yard, garage, and house sales.
Staff has considered the existing Municipal Code regulations, reviewed a survey of
regulations from 27 cities, and discussed existing and proposed regulations with staff
who issue and monitor yard sale permits.
The proposed amendment includes a clean copy ordinance in Attachment 1 as well as a
"legislative style" underline and strike -out draft ordinance in Attachment 2.
Discussion
LEMC Chapter 5.112
sets forth
regulations
for yard, garage and house sales and
requires a permit
and a
$5.00 fee.
Following are provisions in the existing LEMC:
1)Maximum 2 yard sales per calendar year.
AGENDA ITEM NO. 16
Page 1 of 15
Code Amendment — Yard, Garage and House Sales
December 10, 2013
Page 2 of 4
2)Maximum 3 consecutive days per yard sale.
3)Yard sale hours 8:00 am to 8:00 pm.
4)Permit Exemptions for charitable, religious and civic organizations and court order.
5)Maximum 1 sign on the subject property only.
6)Permit and fee required for each yard sale.
7)Violation of yard sale code results in no future yard sale permit for two years.
In order to respond to the residents of Lake Elsinore while maintaining the quality of life
in residential zones staff has researched and proposed recommended revisions to
Chapter 5.112. The survey of the 27 other City yard sales regulations resulted in the
following statistics.
•Most cities do not charge a fee. (i.e. 18 of 25 cities).
*Most cities do require a permit. (i.e. 20 of 27)
*Cities allow between 2 and 4 yard sales per calendar year.
*Cities allow either 2 or 3 consecutive days for each yard sale.
Analysis
Based on staff research, the cities survey, and comments from staff responsible for
implementing and monitoring City yard sales the following revisions are proposed:
1) Section 5.112.020 — combine two existing code exemptions for charitable groups
and legal court orders into one section and add two additional exemptions to
include businesses conducting a sale from their place of business (sidewalk sale,
etc.) as permitted by the zoning regulations, and sales of three items or fewer.
2) Section 5.112.030 — Increase yard sale frequency from two days to 3 days and
authorize the Community Development Director to approve an additional yard
sale for change of ownership, estate sale, property foreclosure, or other special
circumstance deemed appropriate.
3) Section 5.112.050 — Increase on -site advertising from one sign to two signs.
4) Section 5.112.060 — Add a provision that yard sale permits are final and shall not
be extended or transferred to another day due to inclement weather, illness,
emergency, or any other reason.
Page 2 of 15
Code Amendment — Yard, Garage and House Sales
December 10, 2013
Page 3 of 4
5) Section 5.112.070 — Delete provision that a code violation results in no yard sale
permit issuance for two years. Add provision that code violations shall be an
infraction subject to administrative citations in addition to permit revocation.
Two provisions implemented by other cities that the City Council may want to consider
is 1) allowing off -site signs on private property which is common but may lead to sign
proliferation and /or non - removal of such signs; and 2) only allow yard sales in certain
months for tracking purposes (i.e. such as April, July and October).
The $5.00 fee does not provide staff cost recovery. Fees are adopted by resolution and
rather than amend the existing resolution staff recommends City Council policy direction
to waive the $5.00 permit fee. The Council may want to re- establish a fee at a later
date or formally delete the permit fee.
Staff also researched tracking and enforcement of yard sale permits. Administrative
Services staff currently uses the AS -400 system and is satisfied with the efficiency and
effectiveness of the current system. In addition, code enforcement staff can access the
system to track permits and determine violations. Staff spoke with IT about the
possibility of implementing an on -line permit application system or alternate tracking
system. This service is not available at this time, however staff will look to options in the
future to provide this service.
Environmental Determination
This yard sale code amendment is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15321 Enforcement
Actions by Regulatory Agencies.
Fiscal Impact
Staff is proposing that the current $5.00 yard sale permit fee be waived. Finance
records for fiscal year 2012/13 indicates total revenue of $3,200.
Prepared by: Grant Taylor
Community Development Director
Approved by: Grant Yates
City Manager
Attachments:
1. Draft Ordinance and Code Amendment
2. Legislative Style Code Amendment
Page 3 of 15
Code Amendment — Yard, Garage and House Sales
December 10, 2013
Page 4 of 4
3. Existing Municipal Code Chapter 5.112
4. Survey of Garage Sale Regulations from Other Cities
5. Lake Elsinore Permit Application
Page 4 of 15
ORDINANCE NO. 2014 -1321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA AMENDING CHAPTER
5.112 OF THE LAKE ELSINORE MUNICIPAL CODE
ADOPTING REVISIONS TO PROCEDURES AND
REGULATIONS FOR YARD, GARAGE, AND HOUSE
SALES
WHEREAS, on October 15, 2013 the City Council directed staff to pursue drafting
an ordinance amending certain sections of Lake Elsinore Municipal Code (LEMC) Section
5.112 pertaining to regulations for yard, garage, and house sales; and
WHEREAS, staff reviewed existing LEMC sections, reviewed a survey of 27 cities,
and discussed regulations with staff who issue yard sale permits; and
WHEREAS, the City Council conducted a duly noticed hearing and considered all
oral and written communication.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section
5.112
of the Lake Elsinore Municipal Code
is hereby
amended and restated in its
entirety
pursuant to the
attached Exhibit "A ".
SECTION 2. The City Council of the City of Lake Elsinore hereby expressly finds
that amendment to yard, garage, and house sales regulations of the City of Lake Elsinore
adopted by this ordinance will protect the public health, safety and welfare.
SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
SECTION 4. This ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law, or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days
prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the
City Clerk shall cause to be published, and aforementioned summary and shall post a
certified copy of this Ordinance, together with the vote for an against the same, in the
Office of the City Clerk.
Page 5 of 15
Ordinance No. 214 -1321
Page 2 of 2
PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 14"' day of January, 2014, and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the day of 12014.
LAVA a 0 *16
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Natasha Johnson, Mayor
Page 6 of 15
"EXHIBIT A"
Chapter 5.112
YARD, GARAGE, AND HOUSE SALES
Sections:
5.112.010
"Yard sale" defined.
5.112.020
Exemptions.
5.112.030
Frequency and time.
5.112.040
Display.
5.112.050
Signs.
5.112.060
Permit — Required.
5.112.070
Permit — Denial — Revocation
5.112.010 "Yard Sale" defined.
"Yard sale," including patio, house or garage sales, shall mean the sale of personal
property in, at, or upon any residentially zoned property by the occupant(s) and is limited
to the sale of common household goods such as clothing, interior furnishings, small
appliances, toys and other similar items.
5.112.020 Exemptions.
The provisions of this chapter shall not apply to the following:
1. Sales conducted pursuant to process or order of any court of competent
jurisdiction.
2. Charitable, religious, and civic organizations when the proceeds from the sale for
the institutions or organization's charitable purposes, and goods or articles are not
sold on a consignment basis.
3. Any sale conducted by any merchant or mercantile or other business
establishment from a place of business wherein such sale would be permitted by
the zoning regulations of the City.
4. No more than three specific items are offered to sale or free taking.
5.112.030 Frequency and time.
An individual seller, household, home address group, or family shall be permitted
no more than three yard sales per calendar year. The length of time per yard sale shall
not exceed three consecutive days and shall be held at least three months apart. Sales
shall be conducted only between the hours of 7:00 a.m. to 7:00 p.m. The Community
Development Director may approve an additional yard sale permit for due cause to
include:
1. Written proof of a bona fide change of ownership in the real property.
2. Estate sale of previous owner.
3. Foreclosure of property.
Page 7 0l' 15
4. Other proposal in writing determined to merit an additional yard sale due to specific
circumstances.
5.112.040 Display.
All merchandise offered for sale shall be arranged so that fire, police, health and
other officials may have access for inspection at all times during the sale. Personal
property offered for sale shall not be displayed or stored on adjoining public sidewalks or
streets or rights -of -way.
5.112.050 Signs.
Two signs with an area not greater than four square feet in area may be posted on
the property where the yard sale occurs, during the hours of the sale only. The sign must
be removed at the conclusion of the sale. No other signs are permitted including signs
on public property.
5.112.060 Permit — Required
It shall be unlawful to conduct a yard sale, as defined in this chapter, without a City
yard sale permit. Upon application, the City may issue a nontransferable permit for the
specified location. A permit shall be final and shall not be extended or transferred due to
inclement weather or any other reason.
5.112.070 Permit — Denial — Revocation - Violation.
Any permit issued pursuant to this chapter may be revoked or any application for
issuance of a permit may be refused if the application for the permit contains any false,
misleading or fraudulent statement. Any individual violating the provisions of this chapter
shall suffer cancellation of any existing permit. Violation of this section shall be an
infraction and subject to administrative citations in addition to permit revocation.
Page 8 of 15
Chapter 5.112
YARD, GARAGE, AND HOUSE SALES
Sections:
5.112.010
"Yard sale" defined.
5.112.020
Exemptions.
5.112.030
Frequency and time.
5.112.040
Display.
5.112.050
Signs.
5.112.060
Permit - Required.
5.112.070
Permit- Denial - Revocation
5.112.010 "Yard Sale" defined.
"Yard sale," including patio,_ house or garage sales, shall mean the sale of personal
property in, at, or upon any residentially zoned property by the occupant(s) and is limited
to the sale of common household goods such as clothing, interior furnishings, small
appliances, toys and other similar items.
5.112.020 Exemptions.
The provisions of this chapter shall not apply to the. followin
1. sSales conducted pursuant to process or order of any court of competent -
�ulisdiction.
2._. C hmiiable, ieingious,_and frvu orl'amzahons when the proceeds from the salt, for
the institution's rn oryamr.Nlon's_ charitable purposes, and goods or articles are
not sold on a r onsignlment basis-
3. Any sale conduete_ti by anv merchant or nxxuantilc or other business
fstablisllment Donn apace of business wherein such sale mould be peim fitted by
the mninl) lcl,ulltions of file City.
1. No mole than th ee spec ilk items ale offered to sale m free talal
5.112.030 Frequency and time.
An individual seller, household, home address group, or family shall be permitted
no more than (holetwo yard sales per calendar year. The length of time per yard sale
shall not exceed three consecutive days and shall be held at least throefou -r months apart.
Sales shall be conducted only between the hours of 7 :00V:00 a.m. to 7:005 -00 p.m.
oermil for due cause to include:
1 Veit Nten picot of abona Ilde change of ownersl� m f he real hroperth.
? _I si n[< sale oI pl c vrous owner
_.
Formatted: Font Palabno
i Formatted: List Paragraph, Numbered + Level' 1 +
Numbering Style: 1, 2, 3, ._ + Start at: I +Alignment: Lea +._.
ii Aligned at 0.25 + Indent at: 0.5"
1� Formatted: Font Palatino
Formatted: Font: Palabno
Formatted: List Paragraph, Numbered + Level. 1 +
Numbering Style. 1, 2, 3, ... + Start at: 1 + Alignment: Left +
Aligned. a[ 0,25" + Indent ab 0.5"
Page 9 of 15
3 toret losmcof property,
4. 001(1) poposal in twrflml> determined to meth an addittmral yaid_sele duc_to
54mt the
it,(, it ( Formatted: Font: Palatino
5.112.040 Display.
All merchandise offered for sale shall be arranged so that fire, police, health and
other officials may have access for inspection at all times during the sale. Personal
property offered for sale shall not be displayed or stored on adjoining public sidewalks
or streets or rights -of -way.
5.112.050 Signs
,I WO011e signs with an area not greater than foursquare feet in area may be posted
oil the property where the yard sale occurs, during the hours of the sale only. The sign
must be removed at the conclusion of the sale. No other signs are permitted including
signs on public property.
5.112.060 Permit - Required
It shall be. unlawful to conduct a yard sale, as defined in this chapter, without a
City yard sale permit. Upon application, the City maysha -}l issue a nontransferable permit
for the specified location._ Acct mit pa11 --e final and shall not, IZc extended or transferred
due to inclement n<ather of any other season.
5.112.070 Permit - Denial - Revocation - Violation.
Any permit issued pursuant to this chapter may revoked or any application for
issuance of a permit may be refused if the application for the permit contains any false,
misleading or fraudulent statement. Any individual violating the provisions of this
chapter shall suffer cancellation of any existing permit mod- shall- not
�ae- dseeoc}- auothei:
Permit for a f eriod of two yecn s froaa dhedilme of the t ancellm iow Violation of_this section
shalt �c art nifrachon and subJe i to_admmtstra tiv< crl nears in addllton to permit
uwocatton.
- - --
Page 10 of 15
LAKE ELSI.NORE MUNICIPAL CODE
5.108.170 Approval or denial.
A. The City Manager, after consulting with the
Chief of Police (Sheriff's Captain), Fire Chief,
Community Services Director, Planning Director,
Risk Manager, Public Services Director, City
Attorney and any other staff person deemed appro-
priate, shall deny the application if the City Man-
ager finds:
1. That the application is incomplete;
2. That the applicant has made a false, fraud-
ulent or misleading statement of a material fact in
the application;
3. That the applicant has been convicted of a
felony;
4. That the applicant has failed to meet with
conditions imposed by this chapter;
5. That the safety, health or public welfare of
the citizens would be endangered by the granting
of the permit.
B. Additionally, the permit may be denied, or
the proposed employee disqualified from working
at the special event, if the applicant, professional
event - organizer, or proposed employee has been
convicted of any crime involving moral turpitude,
substance /drug abuse, sexual conduct, or physical
assault. In all other instances, the permit shall be
granted subject to such related conditions as may
be imposed to further the purpose of this chapter.
[Ord. 959 § I, 1993. Code 1987 § 5.73.160].
5.108.180 Penalty.
Any person violating or failing to comply with
any of the provisions of this chapter shall be guilty
of a misdemeanor and shall be punished by a fine
not to exceed $500.00, or by imprisonment not to
exceed six months, or by both such fine and impris-
onment. Each such person shall be guilty of a sep-
arate offense for each and every day during any
portion of which any violation of the provisions of
this chapter is committed. Violators may include
not only those persons staging the street or special
event but any person knowingly participating in the
event after being advised of its illegality. [Ord. 959
§ I, 1993. Code 1987 § 5.73.1701.
5 -101
5.112.040
Chapter 5.112
YARD, GARAGE, AND HOUSE SALES
Sections:
5.112.010
"Yard sale" defined.
5.112.020
Exemptions.
5.112.030
Frequency and time.
5.112.040
Display.
5.112.050
Signs.
5.112.060
Permit — Required.
5.11.2.070
Permit — Denial — Revocation.
5.112.010 "Yard sale" defined.
"Yard sale," including patio or garage sales,
shall mean the sale of personal property in, at, or
upon any residentially zoned property by the occu-
pant(s) and is limited to the sale of common house-
hold goods such as clothing, interior furnishings,
small appliances, toys and other similar items.
[Ord. 1001 § 20,1995; Ord. 865 §§ 1, 2,1989; Ord.
567 § 11 1977. Code 1987 § 5.76.0101.
5.112.020 Exemptions.
The provisions of this chapter shall not apply to
sales conducted pursuant to process or order of any
court of competent jurisdiction. [Ord. 1001 § 20,
1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977,
Code 1987 § 5.76.0201.
5.111030 Frequency and time.
An individual seller, household, home address
group, or family shall be permitted no more than
two yard sales per calendar year. The length of
time per yard sale shall not exceed three consecu-
tive days and shall be hold at least four months
apart. Sales shall be conducted only between the
hours of 8:00 a.m. to 8:00 p.m. Charitable, reli-
gious and civic organizations shall be exempt from
the provisions of this section. [Ord. 1001. § 20,
1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977.
Code 1987 § 0.76.0301.
5.112.040 Display.
All merchandise offered for sale shall be
arranged so that fire, police, health and other offi-
cials may have access for inspection at all times
during the sale. Personal property offered for sale
shall not be displayed or stored on adjoining public
sidewalks or streets or rights -of -way. [Ord. 1001
Page 11 of 15
5.112.050
§ 20,
1995;
Ord.
865
§§
1, 2, 1989; Ord. 567 § 1,
1977.
Code
1987
§ 5.76.0401.
Permit required.
5.116.040
5.112.050 Signs.
One sign with an area not greater than four
square feet in area may be posted on the property
where the yard sale occurs, during the hours of the
sale only. The sign must be removed at the conclu-
sion of the sale. No other signs are permitted,
including signs on public property. [Ord. 1001
§ 20, 1995; Ord, 865 §§ 1, 2, 1989; Ord. 567 § 1,
1977. Code 1987 § 5.76.050].
5.112.060 Permit — Required.
It shall be unlawful to conduct a yard sale, as
defined in this chapter, without a City yard sale
permit. Upon application, the City shall issue a
nontransferable permit for the specified location.
[Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989;
Ord. 567 § 1, 1977. Code 1987 § 5.76.0601.
5.112.070 Permit — Denial — Revocation.
Any permit issued pursuant to this chapter may
be revoked or any application for issuance of a per-
mit may be refused if the application for the permit
contains any false, misleading or fraudulent state-
ment. Any individual violating the provisions of
this chapter shall suffer cancellation of any existing
permit and shall not be issued another permit for a
period of two years from the time of the cancella-
tion. [Ord. 1001 § 20, 1995. Code 1987
§ 5.76.0701.
5 -102
SIGNIFICANT PALM TREES
Chapter 5.116
SIGNIFICANT PALM TREES
Sections:
5.116.010
Purpose.
5.116.020
Definitions.
5.116.030
Permit required.
5.116.040
Permit application.
5.116.050
Permit procedures -- Conditions.
5.116.060
Permit issuance or denial.
5.116.070
Exemptions.
5.116.080
Appeal.
5.116.090
Licenses — Permits — Security.
5.116.010 Purpose.
The purpose of this chapter is to provide a mech-
anism to regulate the removal, destruction and
relocation of significant palms within the City lim-
its. In adopting this chapter, the City's primary
concern is that removal, destruction and relocation
of significant palms is likely to have an adverse
affect upon the surrounding environment. Past
removal and destruction of significant palms
within City limits has not only interfered with the
natural scenic beauty of the City, but also greatly
diminishes the ecological and historic value of
these living monuments, while also posting a risk
to public safety through the use of heavy machin-
ery and unnoticed earth- moving activity.
The City Council finds and determines that the
public health, safety, and welfare will be promoted
by the preservation of significant palms for the fol-
lowing reasons:
A. Significant palms are an important source of
food for larger native and nonnative bird species;
B. Significant palms provide nesting areas and/
or nesting materials for birds which, in turn, con-
sume significant amounts of insect pests;
C. Significant palms are effective in aestheti-
cally enhancing the community;
D. In several locations, many of the City's old-
est significant palms constitute significant living
reminders of the City's rich historical heritage;
E. Significant palms collect dust and solids
from the air which are washed to the ground by
rainfall; and
F. The age of significant palms enable them to
better survive extremes of weather and periods of
drought than most plants of a similar size.
Page 12 of 15
Page 13 of 15
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Page 13 of 15
Page 14 of 15
YARD, GARAGE, AND HOUSE SALES
Chapter 5.76 Lake Elsinore Municipal Code
5.76.010 Yard sale defined. Yard sales, including patio or garage sales, shall mean the sale of personal property in, at, or upon any residentially zoned property
by the occupant(s) and is limited to the sale of common household goods such as clothing, interior furnishings, small appliances, toys and other similar Items,
5,76.020 Exemptions. The provisions of this chapter shalt not apply to sales conducted pursuant to processor order of any court of competent jurisdiction.
5,76,030 Frequency and time. An individual seller, household, home address group, or family shall be permitted no more than two (2) yard sales per calendar
year. The length and time per yard sale shall not exceed three consecutive days and shall be held at least four months apart, Sales shall be conducted only
between the hours of eight am to eight pm. Charitable, religious and civic organizations shall be exempt from the provisions of this section.
5.76.040 Display. All merchandise offered for sale shall be arranged so that fire, police, health and other officials may have access for Inspection at all times
duringthesale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks or streets or right -of -way.
5.76.050 Signs. One sign with an area not greater than foursquare feet In area, maybe posted on the property where the yard sale occurs, during the hours of
the sale only. The sign must be removed at the conclusion of the sale. No other signs are permitted, including signs on public property.
5.76.060 Permit required. It shall be unlawful to conduct a yard sale, as defined In this chapter without a City Yard Sale Permit. Upon application, the City
shall issue a non - transferable permit for the specified location.
5.76.070 Permit - Denial- Revocation. Any permit issued pursuantto this chapter may be revoked or any application for issuance of a permit may be refused if
the application for the permit contains any false, misleading or fraudulent statement. Any Individual violating the provisions of this chapter shall suffer
cancellation of any existing permit and shall not be issued another permit for a period of two (2) years from the time of cancellation.
PLEASE BE ADVISED THAT FAILURE TO COMPLY WITH THE REGULATIONS ASSET FORTH IN THE MUNICIPAL
CODE COULD RESULT IN THE FORFEITURE OF YOUR PERMIT AND /OR AN ADMINISTRATIVE CITATION.
"'Y O1 � PERMIT NO.
LADE ULSIFiOKE
- ,mi\ -J DREAM EXTREME
YARD SALE PERMIT - $5.00
SALE DATES FROM TO
NAME:
STREET ADDRESS OF SALE:
LAKE ELSINORE, CA
Signature
I AGREE TO COMPLY WITH ALL REGULATIONS REGARDING YARD
SALES IN THE CITY OF LAKE ELSINORE. PERMIT MUST BE VALIDATED
YARD SALES MAY BE HELD 3 CONSECUTIVE DAYS ONLY. YOU
ARE ALLOWED 2 YARD SALES PER CALENDAR YEAR, AND
THEY MUST BE 4 MONTHS APART,
(LEMC 5.76.030)
Page 15 of 15