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Home My WebLink About1/7/2004 - STAFF REPORTS (7) .F.S 11 DATE: January 07, 2004 TO: City Council FROM: Director of Planning & Zoning PALM SPRINGS MUNICIPAL CODE AMENDMENT — AUCTION SALES AT CITY FACILITIES AND OTHER PERMITS RECOMMENDATION: That the City Council approve the attached Ordinance amending permit requirements for auction sales at City facilities and reassigning approval authority for private single event auctions to staff approval. SUMMARY: Adoption of the proposed amendments will reduce duplication of effort by eliminating land use permit requirements for single event auctions at City facilities. Additionally,single event auctions currently require Planning Commission approval of a land use permit. The proposed amendment would reassign permit approval to the Director of Planning and Zoning. BACKGROUND: The proposed amendments are intended to reduce redundant permits and agreements for single event auctions at public facilities. Currently, a land use permit and use agreement or contract are required. By requiring both a land use permit and a use agreement/contract, a duplication of effort is created for City staff and auction promoters. City-owned facilities include the convention center, parking facilities, stadiums, and other facilities. The second change is to reassign approval of a land use permit for a single event auction from the Planning Commission to the Director of Planning and Zoning. Currently, all other land use permits are subject to Director's review with appeal rights to the Planning Commission. This change will expedite review and approval. The Planning Commission, at its November 5, 2003 Study Session reviewed the proposed amendment and concurred with staff's recommendation. Palm Springs Municipal Code amendments do not require any formal action by the Planning Commission. Both amendments are intended to reduce the number of steps/actions required to allow auctions. Overall, the City issues very few single event auction permits. 4 � Director Planning &Zoning City Manager ._r ATTACHMENTS: 76 1. PSMC Chapter 5.04 2. Legislative Amendments 3. Ordinance L.U.P. 5.04.020— 5.04.070 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 §I (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 §I (part), 1987). 5.04.050 Exempt Activities sales. A) The provisions of this chapter shall not apply to the sale of properly 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 city where public assembly is otherwise permitted, subject to the approval of a land use permit by the Director of Planning & Zoning. The plar-ining eermnission Director of Planning & Zoning shall not approve a single event auction sale unless the emrnnissiot Director of Planning & Zoning first makes the following findings: (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 sales has not been conducted on the premises during the preceding three month period. The Director of Planning & Zoning may impose such conditions on its approval of a single event auction sale as are reasonable and necessary. (Ord. 1285 §1 (part), 1987). 5.04.070 Land use permit fee. No fee shall be imposed for any land use permit issued pursuant to the provisions of this chapter. (Ord. 1285 §I (part), 1987). 103 (Palm Springs 5/88) 7t4� ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE TO ALLOW AUCTION SALES AT CITY-OWNED FACILITIES SUBJECT TO LAND USE PERMIT WITH REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING AND ZONING, CITY-WIDE THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.04.060 of the Palm Springs Municipal Code is amended to read 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, all auctions; As defined herein, shall be held only in the 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 pemanent 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 sales. 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) 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. 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) 5.04.070 Land use permit fee. No fee shall be imposed for any land use permit issued pursuant to the provisions of this chapter. (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 AND APPROVED this day of 2003. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED AND APPROVED AS TO FORM: _y