§ 17.76

The intent of this Section is to provide standards for outdoor display of merchandise connected to and operated with permanent commercial and manufacturing uses.

A.

Application Procedure. Any business in the C-1, C-3, C-4, CBD, CI-MU, M-1, Garvey Avenue Specific Plan, and RCMUDO zones seeking outdoor display of merchandise shall submit an application to the Community Development Director for an Outdoor Display Permit. The application shall be accompanied by a site plan, photos, and other exhibits as may be required to properly evaluate the request along with an application fee in an amount to be determined by resolution of the City Council. The application shall include the days of the week, hours, and number of weeks per year for which the application is requested.

B.

The Community Development Director shall approve an application for the outdoor display of merchandise if the application meets the development standards set forth in this section. The Community Development Director may place reasonable conditions on the issuance of the permit to ensure conformance with the City's development standards. In the event a permit is denied, the Community Development Director shall supply findings in writing to the applicant within thirty (30) days of such denial.

C.

The Community Development Director shall retain jurisdiction over the permit and may enforce its provisions as required to ensure compliance with this section.

D.

Outdoor Display Development Standards. Outdoor display incidental to the primary use shall be allowed in the C-1, C-3, C-4, CBD, CI-MU, Garvey Avenue Specific Plan, and M-1 zones. The outdoor display must comply with the development standards of this section, with the exception of auto dealerships, automotive service stations, and plant nurseries. Outdoor displays shall meet the following requirements:

1.

A display area shall be on private property and shall not encroach on required parking areas or landscaped areas.

2.

The display area shall be directly related to an allowed use occupying a principal structure on the same premises.

3.

Displayed merchandise shall not obstruct traffic sight areas; encroach upon landscaped areas, driveways, parking spaces, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic.

4.

The display area shall be limited to twenty-five (25) percent the length of the building or twenty-five (25) feet, whichever is less. The area shall not extend laterally beyond the store or building frontage or block access to the business or any other adjacent building/store entrance(s);

5.

The display area shall not create a safety hazard or block access to disabled persons;

6.

Stacked merchandise may not be above a height of four feet. Displays of merchandise that exceed four feet in height, but is not higher than twelve (12) feet in height may be displayed provided that it does not cover or block more than twenty-five (25) percent of the front of the business selling the merchandise. The display of trees for sale is not subject to any height limitation;

7.

The items proposed for display and sale are the same as those sold inside the store or items that would typically be sold at the business and do not consist of unprepared, packaged merchandise. For purposes of this section "Unprepared, Packaged Merchandise" means items that have been sealed, wrapped or packaged in protective materials not designed for profession merchandise displays;

8.

Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area;

9.

A display area shall be consistent with the City's General Plan, zoning ordinances, and other regulations;

10.

A display area shall not be detrimental to the public health, safety, or welfare;

11.

A display area shall not create a public nuisance; and

12.

A display area shall not emit noise, odor, smoke, or other obnoxious substances;

E.

Outdoor Display Operational requirements. Once approved, outdoor displays shall meet the following requirements:

1.

Support structures such as tables and racks used in conjunction with the outdoor display of merchandise shall be removed at the end of each business day; and

2.

Merchandise shall be maintained in a neat and orderly manner at all times.

F.

Appeals. Any decision made pursuant to this section may be appealed pursuant to Chapter 17.160 (Appeals and Requests for Review).

G.

Revocation. The Community Development Director may revoke the Outdoor Display Permit if the permittee fails to comply with the requirements of this section or any conditions of approval. Prior to revoking the permit, the Community Development Director shall provide the permittee a written notice of noncompliance. The permittee shall have a right to appeal the notice of revocation pursuant to Chapter 17.160 (Appeals).

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

A property owner or occupant of a residence shall be permitted to conduct a garage sale on an improved residentially zoned lot provided that:

A.

No more than two garage sales per address shall be conducted in any six-month period.

B.

Garage sales shall only be held between the hours of eight a.m. and eight p.m., for a maximum of three consecutive days. Inclement weather may extend the period of time equal to the days lost.

C.

The merchandise for sale shall consist only of the property owner's or occupant's personal goods. Outside consignments, lot purchases, and the like, for the purpose of resale shall not be permitted. D. The sales area may be conducted on any portion of the ground area of the property outside of the residential dwelling unit or within a garage. No merchandise shall be placed on any public property or right-of-way.

E.

No advertising signs shall be posted more than one week prior to the initial sale date. No signs relating to such sale shall be placed on the premises except one double-face sign not to exceed six square feet, as measured on one side and only located on the subject property. No signs shall be placed on any public property (i.e., utility pole, traffic sign), right-of-way, or vehicle parked on a public street, alley, or private easement. The conductors of the sale shall remove all signs immediately at the end of the sale.

F.

The resident of the property shall first obtain a City permit and a copy of such permit shall be displayed at the site of the sale at all times during such sale. Proof of residency is required. Acceptable forms of proof of residency include utility bill, picture ID, rental agreement, and mortgage statement. Cell phone, cable, and credit card bills will not be accepted as a proof of residency, nor will bank statements.

G.

The provisions of this Section shall not apply to churches, public and private schools, or charitable organizations if the sale is conducted on the property of the organization and not in a private residence. If such sale is conducted in or on the premises of a private residence, all of the provisions of this section shall apply.

H.

Violation of any provision of this section is determined to constitute an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same section within one year and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same section within one year. A fourth violation within one year shall constitute a misdemeanor.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.84 - DENSITY BONUS