HomeMy WebLinkAbout1642 - ORDINANCES - 1/21/2004 ORDINANCE NO 1642
AN ORDINANCE OF THE CITY OF PALM SPRINGS, '
CALIFORNIA AMENDING CHAPTER 5.04. TO THE PALM
SPRINGS MUNICIPAL CODE TO ALLOW AUCTION
SALES AT CITY-OWNED FACILITIES SUBJECT TO LAND
USE- PERMIT BY THE DIRECTOR OF PLANNING AND
ZONING.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN
as follows:
SECTION 1. Chapter 5.04. of the Palm Springs Municipal Code relating to Auction Land
Use Permits is hereby amended as follows:
Chapter 5.04 AUCTION SALES
5.04.020 Business license. It is unlawful for any person to conduct an
auction without first having secured a business license and paid the business
license fee prescribed by Section 3.84.020. (Ord. 1285 §1 (part), 1987).
5.04.030 Zone district of operation. Except as otherwise provided or allowed
in the zoning ordinance, all auctions, as defined herein, shall be held only in the M-1
zoning district as shown on the official zoning map now in effect or hereafter
adopted. (Ord. 1285 §1 (part), 1987).
5.04.040 Enclosed building requirement. No auction shall be conducted in '
other than a permanent building. The goods to be sold shall be entirely enclosed
therein except as authorized by a land use permit. This section shall not apply to
auctions of real property. (Ord. 1285 §1 (part), 1987).
5.04.050 Exempt Activities. A) The provisions of this chapter shall not
apply to the sale of property belonging to the United States,the state,the city or any
other governmental agency or to the sale of any property by virtue of any process
issued by any municipal, state, or federal court or to the sale, pursuant to order of
court, of any property of an estate by the legally appointed administrator, executor,
or guardian thereof. (Ord. 1285 §1 (part), 1987). B) Auction sales conducted at
a city owned facility and where a use agreement, contract or other such document
are entered into. City owned facilities include but are not limited to the convention
center, parking facilities, stadiums, and other city owned facilities.
5.04.060 Single event auction sales. A single event auction sale may be
held at any location in the citywhere public assembly is otherwise permitted,subject
to the approval of a land use permit by the Director of Planning and Zoning. The
Director of Planning and Zoning shall not appove a single event auction sale unless
the following findings are made:
(1)The sale will not interfere with or unduly restrict already existing uses on
adjacent properties;
(2)Adequate parking is available;
(3) The type of sale proposed is compatible with the facility and the ,
immediate vicinity where the sale will be conducted;
(4) The sale will not obstruct or unduly interfere with the orderly flow of
vehicles and pedestrian traffic; and
(5) An auction sale has not been conducted on the premises during the
preceding three month period. f1i
Ordinance 1642
Page 2
The Director of Planning and Zoning may impose such conditions on the
approval of a single event auction sale as are reasonable and necessary.
(Ord. 1285 § 1 (part), 1987)
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty(30)
days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify
to the passage of this Ordinance, and to cause the same or summary thereof or a display
advertisement, duly prepared according to law, to be published in accordance with law.
ADOPTED this 21 st day of January 2004.
AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
A TEST CITY OF PA INGS, CALIFORNIA
Y
City Clerk Mayor
REVIEWED AND APPROVED AS TO FORM
(To be initialed by Dept. Head &City Attorney)
I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1642 was duly
adopted by the City Council of the City of Palm Springs, California,
in a meeting held on the 21st day of January 2004, and that same was
published in the Desert Sun, a newspaper of general circulation on
January 31 , 2004. G;
PATRICIA A. SANDERS
City Clerk