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HomeMy WebLinkAboutOrdinances_2355_CCv0001.pdf $ do ORDINANCE NO. 2355 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 18.194 TO THE REDLANDS MUNICIPAL CODE RELATING TO TEMPORARY HOLIDAY SALES FACILITIES The City Council of the City of Redlands does ordain as follows: Section 1. Chapter 18.194 entitled Temporary Holiday Sales Facilities is hereby added to the Redlands Municipal Code to read as follows: "Chapter 18.194 TEMPORARY HOLIDAY SALES FACILITIES Sections: 18.194.010 General Provisions 18.194.020 Permit Procedures 18.194.010 General Provisions The purpose of this Chapter is to establish regulations governing Holiday Sales Facilities that are temporary in nature and which are not otherwise permitted in the zoning district in which they are proposed. A. A"holiday sales facility"shall mean an indoor or outdoor facility established during the period beginning on September 15 and ending on January 15 which is devoted primarily to the sale of goods and services related to the holidays occurring during this period (e.g. Halloween pumpkins, Christmas trees and decorations, and the like). Temporary holiday sales facilities are permitted in any zoning district. B. All temporary holiday sales facilities shall be subject to the following requirements: I. Period of Operation Holiday sales facilities may be open for business during any calendar year between September 15 and January 15 only, or for any portion of such period. Ll M3166LR No holiday sales facilities shall be open for business during any calendar year between January 16 and September 14. 2. Merchandise to Be Sold A holiday sales facility may sell only items directly associated with those holidays occurring between September 15 and January 15. 3. Electrical Permit An applicant for a holiday sales facility shall secure an electrical permit from the City if the facility is to be energized. 4. Removal of Facility Within fourteen (14) days of its closing, the holiday sales facility shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed prior to the establishment of the facility. 5. Fire Prevention Standards Each holiday sales facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. C. Holiday sales facilities may be required, at the discretion of the approving person/body, to post a cash deposit or other security satisfactory to the City in an amount sufficient to restore the site of the facility to its pre-existing condition. The property owner shall also provide to the City written permission for the City to enter the site for cleanup. 18.194.020 Permit Procedures A. Applications for Holiday Sales Facilities shall be filed in accordance with the provisions of this Chapter. The application shall include payment of a fee as established by resolution of the City Council. In addition, a Site Plan shall be required to be submitted to the City for a Holiday Sales Facility. This Site Plan shall be drawn to scale with dimensions and shall show the following: 1. The boundaries of the site on which the facility is proposed. 2. Proposed access, including the type and location of any proposed traffic control devices or persons. DiMI166L£ 2 3. The location of the proposed facility, including all fences, structures, and vehicles to be used as part of the operation of the facility. 4. The location and size of any proposed utility service. 5. The method of providing toilet facilities, including the location and type of any portable toilets. b. The Applicant's name, address, and phone number. 7. The name, address, and phone number of a person to contact in the event of an emergency. B. Within fifteen (15) days of receiving a completed application, the Director shall prepare a written report stating his/her decisions and findings. The report shall include the facts and reasons for granting or denying the application. The report shall be mailed to the applicant and may, at the discretion of the Community Development Director, be mailed to all owners of adjacent property via mail or by similar means. C. Appeal of the Community Development Director's decision. I. The decision of the Community Development Director is considered final on the date that the report is issued. 2. Any person affected by the determination of the Community Development Director shall have the right to appeal that determination to the City Council. 3. Upon Appeal, the City Council shall review the decision of the Community Development Director, hear new evidence and testimony if offered, and, in deciding the appeal, either affirm, reverse or modify the decision of the Community Development Director. D. The Director may, at his/her discretion, refer an application for a Holiday Sales Facility to the City Council for review and approval. In that event, the City Council shall have the authority to approve or deny the application. E. In approving a Holiday Sales Facility, the Director or City Council may impose conditions reasonably related to the use and necessary to protect the public health, safety and welfare. F. Any application for a Holiday Sales Facility which would adversely affect the public health, safety, or welfare shall be denied. DJM3166LE 3 I Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it,or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. 4avorof the City of Redlands ATTEST: City erk 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was adopted by the City Council at a regular meeting thereof held on 18th day of November 1997, by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Banda, Mayor Larson NOES: None ABSTAIN: None ABSENT: Councilmember Gil ¢H LoWle Poyzer, erk i W'NM 166LL> 4