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HomeMy WebLinkAbout1/21/2004 - STAFF REPORTS (14) d � r No.7040 CITY OF PAll 317 MIGS ORDill NO. 1OZ2 AN ORMNANCE OF THE CI'll OF PftLPN 3PRINGS, CALIFORNIA, AMENDING CHAP PROOF OF PUBLICATION This 5.04 TO THE PALM SPRINGS MUNJ SEER CODE TO ALLOW AUCTION 'SALES AT 021 (201 5.5.C.C.P) OWNED FACILITIES SUBJECT TO I-AND USE `L 1J PERMIT BY III DIRISCIFOR. O PI-Aill WING AND ZONINC. THE CITY COUNCIL OF THE CITY Of- PALIVI SPRINGS, CALIFORNIA DOES ORDAIN as fol- lows: SECTION 1. Chapter 5.04 of the Palm Springs Municipal Code relating to Auction Land Use Per- mits is hereby amended as follows Chapter 5.04 AUCTION SALES STATE OF CALIFORNIA _ _ _ _ - _ 5.04.020 Buslncss license. It Is unInv,ful for-any-- - Count of Riverside person to conduct an auction Willett first having Y e secured a business license and paid the business license fee prescribed by Section 3.64.020 (Ord. 12B5 sec. 1(foub, '1987). 5.04.030 Zone clish'rct of operation Except as othowse provided or allowed In the zoning ordi- nance, all auctions, as defined herein, shall be hold only In zoning district as shown-on the official zoning map now rn effect of hereafter adopted. (Old. 12£5 sec.1 (part), 19£7). 1 am a citizen of the United States and a resident of 5.04.040 Enclosed building requirement. No auc- the County aforesaid;I am over the age of eighteen glen shall be conducted in other than a ppeunanent ears,and not a art to or interested in the building. The goods to be sold shall be enilrely Y party enclosed therein except as authorized by a land above-entitled matter.I am the principal cleric of a use permit This section shall not apply to sue- firms of real prepeity. (Ord. 1285 sec.'[ (part), printer of the,DESERT SUN PUBLISHING '1987). COMPANY a newspaper of general circulation, 5.04,050 Exempt Activities. A) The provisions of this chapter shall not apply to the sale of property printed and published in the city of Palm Springs, belonging to the United States, the state,the city Count of Riverside,and which newspaper has been or any other govemmental agency or to the safe Yof any property by virtue of any process issued adjudged a newspaper of general circulation by the i by any municipal, state, or federal court or to the sale, pursuant to order of court, of any property Superior Court of the County of Riverside,State of of an estate by the legally appointed admfnrstrn- tor, executor, or uafdran thereof. (Ord. 1285 California under the date of March 24,1988.Case sec.1 (part), 19871, )Auction sales conducted ar a city owned fact lay and where a use agreement, Number 191236;that the notice,of which the contract or other such document are entered into. annexed is a printed co) set in type not smaller city owned feci trer[nclude but are not Invited to P copy YP the convent on center,parking facilities, stadiums, than non pariel,has been published in each regular and other city owned Iaclllties. and entire issue of said newspaper and not in any 5.04.060 Single event auction sales A single supplement thereof on the following dates to wit: event auction sale may be held at any location In pp g , the city where public assembly is otherwise per- mired, subject to the apppproval of a land use pe-r--_ but by the Director of ylanning and Zoning The Director of Planning and Zoning shall not approve a.smgle event auction sale unless the following 3anuary3Vt findings are made (1) The safe will not Interfere with or unduly re- ------------------------------------------------- strict already existing uses on adjacent properties; 2 Adequate parking is available; 3 The type of sale proposed is compatible with --------------------------------------------------------------- the feeflH y and the rmmechate vicinity where the sale will be conducted, All in the year 2004 (4) The sale will not obstruct or unduly interfere 1 certify(or declare)under penalty of perjury that the with the a rdsly flow of vehicles and pedestriantraffic; and 5j An auction sale has not been conducted on foregoing is true and correct. he premises during the preceding three month 6th period. Dated at Palm Springs,California this---------day The Director of Planning and Zoning may impose such conditions on the approval of a single event auction�it� 12 rJ (Ord. 128525ec, 1 (p as ale reasonable and necessary. Y SECTION 3. PUBLICATION. 19II7) of----------Februw' zoos L passage CTIVE DATE. This Ordinance Je and effect thirty(30)clays af- ter _ shall he in Pull tort � ------------------------------ - - - The City Clerk is hereby ordered to and directed to certify to the Signature passage of this Ordinance, and to cause the same or summary thereof or a display advertise- ment, duly prepared according to law,to be pub- ][shed in accordance with law. ADOPTED this 2'Ist day of January, 2004 AYES: Members Feat, McCulloch, klills, Poug- net, and Mayor Oren NOES:Nose ABSENT: None ATTEST. CITY OF PALM SPRINGS CALIFORNIA BY. Cleric Mayor - virw" cl," aP 7) A'TO - ^ ORDINANCE NO 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 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 day of 12003. AYES: NOES: ABSENT: ATTEST CITY OF PALM SPRINGS, CALIFORNIA By City Clerk Mayor REVIEWED AND APPROVED AS TO FORM (To be initialed by Dept. Head&City Attorney)