Agenda — Ceres City Council, July 22, 2024 (part 2 of 2)

The thirteen parts of Title 24 may be accessed through the California Building Standards Commission website https://www.dgs.ca.gov/BSC/ codes.

Enforcement Responsibility
Title 24 is the minimum standard established in law for the design and construction of buildings and structures in California. State law mandates that local governments enforce these regulations or enforce local ordinances containing qualified reasonably necessary and generally more restrictive building standards than those provided in the California Building Standards Code.

Exceptions are building standards applicable to hospitals, state buildings, public schools and colleges, and other occupancies that are subject to enforcement by state agencies.

For detailed information regarding enforcement responsibilities refer to Part 1 of Title 24 and Chapter 1 of most Parts of Title 24.

References in law pertaining to enforcement responsibility include, but are not limited to, Health and Safety Code Sections 17950, 17958.7, 17960, 18938 and 18941.5.

Additional information may be found in CBSC’s guide, It’s your Building Department.

This guide was developed to aid elected officials and executive managers of local governments in understanding the roles and responsibilities of their building departments which are established in state law.

Amendment by Local Ordinance
Local ordinances that amend Title 24 building standards are subject to requirements of California law and must be ratified and filed for each triennial edition of Title 24.

Generally, local ordinances must implement standards which are more restrictive than the building standards approved/adopted by the CBSC. Local ordinances containing building standards must be filed with CBSC, the Department of Housing and Community Development, the Office of the State Fire Marshal, or the State Historical Building Safety Board, as appropriate, before they are effective and operative. CBSC’s Information Bulletin 22-02, being issued shortly, contains additional information and resources to assist local jurisdictions with local ordinance filing requirements.

References in law pertaining to local ordinance adoption include, but are not limited to, H
ealth and Safety Code Sections 13143.5, 17950, 17958, 17958.5, 17958.7, 18938, 18941.5 and 18959. The Local Code Ordinances webpage on CB SC’s website has a number of helpful resources including the 2022 edition of the Guide for Local Amendments of Building Standards, examples of ordinances that were filed in accordance with state law, and the updated California Code Adoption for Local Jurisdictions video.
2022 Title 24 California Code Changes
Please see CBSC’s 2022 Title 24 California Code Changes document (or web page) for details of California code changes in the individual parts of Title 24 that were amended by state agencies during the 2021 Triennial Code Adoption Cycle. They will be listed by chapter, agency, and sections within each part, as appropriate. This information will be made available as both a downloadable PDF document and on the CBSC Resources webpage in the coming weeks. Pl ease note that for the 2022 edition of Title 24 ICC has changed the page number format of specified California codes to align with the numbering used by ICC for 2021 edition of model codes. Additionally, three recently issued NFPA Tentative Interim Amendments to the 2020 National Electrical Code, that were not included in the 2022 California Electrical Code, may be viewed in BSC Info Bulletin 22-03.

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Questions or comments regarding the subject of this information bulletin should be directed to CBSC’s staff at (916) 263-0916 or via email at [email protected].

Mia Marvelli
Executive Director
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DEPARTMENT OF GENERAL SERVICES GOVERNOR GAVIN NEWSOM

BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916

CALIFORNIA BUILDING STANDARDS COMMISSION
INFORMATION BULLETIN 22-02
DATE: June 30, 2022
TO: LOCAL BUILDING DEPARTMENTS

STATE AGENCIES AND DEPARTMENTS

INTERESTED PARTIES
SUBJECT: 2022 California Building Standards Code - Local Ordinance Filing Requirements and accessibility recommendations
The purpose of this Information Bulletin is to notify local jurisdictions and code users of changes impacting the ordinance filing requirements for the recently completed 2021 Triennial Code Adoption Cycle that resulted in the 2022 California Building Standards Code, Title 24 of the California Code of Regulations (Title 24), including the request that ordinances be filed in an accessible format so they can be posted directly on the California Building Standards Commission (CBSC) website. This Information Bulletin also serves to bring attention to requirements of state law establishing the application of Title 24, and how local government must enforce its provisions as applicable, may enact more restrictive requirements for local conditions, adopt administrative regulations and approve alternatives. This bulletin supersedes all other information bulletins previously issued by CBSC on this subject.

Referenced State Law and Code
All state laws referenced herein may be viewed at the California Legislative Information website http://leginfo.legislature.ca.gov/. The thirteen parts of the California Code of Regulations, Title 24 may be accessed through the California Building Standards Commission website https://www.dgs.ca.gov/BSC. Referenced California Code of Regulations, Title 25, and provisions may be viewed at the Office of Administrative Law website https://oal.ca.gov/.

Applicability
The applicability of Title 24 is identified in the California Health and Safety Code (HSC), which is state law. Within the HSC there are two bodies of law addressing the application of Title 24. First is the California Building Standards Law, located in HSC Division 13, Part 2.5, commencing with Section 18901, and the second is the State Housing Law, located in HSC Division 13, Part 1.5, commencing with Section 17910.

These provisions of law establish that Title 24, as published, and incorporating the latest editions of selected model codes, is the applicable code for all building occupancies throughout the state. Model codes by themselves do not include all applicable requirements for the design and construction of buildings in California. (The term

ATTACHMENT D
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“occupancy” as used in the California Building Standards Code is the method of classifying all buildings as to their designated use as structures).

Additionally, the Department of Housing and Community Development (HCD) has adopted regulations implementing the State Housing Law in the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1 (Title 25) for residential structures subject to the State Housing Law. These regulations, Title 24, and the requirements of the State Housing Law, are applicable throughout the state.

Local Government Adoption of Title 24 by Ordinance
• Title 24 is applicable to all occupancies throughout California as per HSC Sections 17950 and 18938(b). If a local government does not adopt Title 24 by ordinance, Title 24 becomes the applicable code for all building occupancies by default as per HSC Section 17958.
• The State Housing Law requires local building department enforcement of the Law, building standards, and implementation of regulations of the Department of Housing and Community Development for residential structures. HSC, Sections 17950 and 18948.
• Local government should work closely with its legal counsel to develop an adopting ordinance pursuant to Government Code, Section 50020, et. seq., express findings for any amendment of Title 24, and provide for enforcement of Title 24.

Amendment by Local Ordinance
Local governments may amend Title 24, including the adoption of appendices, and the regulations of the Department of Housing and Community Development in Title 25 applicable to residential structures. The provisions of law that permit these local government amendments contain subtle differences.

Local governments may also adopt other model codes, providing the adoption of such model codes does not conflict with state law, building standards or other adopted California regulations.

Local Government Amendments under the Building Standards Law The Building Standards Law takes a straightforward approach to amendments by local governments.
• The governing body of a local jurisdiction shall make express findings that amendments to the building standards, including green building standards, and adoption of appendices contained in Title 24 are reasonably necessary because of local climatic, geological, or topographical conditions. HSC, Sections 17958.7(a) and 18941.5(b).
• Local governments are not limited in their authority to establish more restrictive and reasonably necessary building standards, including green building standards, than those contained in Title 24. HSC, Section 18941.5 (b). • The local amendments are not effective or operative until a copy of the express findings and the amendments, with the amendments expressly marked and ITEM 10

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identified as to the applicable findings, have been filed with the California Building Standards Commission. HSC, Section 17958.7(a).

Local Government Amendments under the State Housing Law The State Housing Law provides for amendment of building standards related to residential construction and for amendment of Title 25. • The governing body of a local jurisdiction shall make an express finding that amendments to either the building standards, including green building standards, and the adoption of appendices for residential construction contained in Title 24, or the regulations of the Department of Housing and Community Development contained in Title 25, are reasonably necessary because of local climatic, geological, or topographical conditions. HSC, Sections, 17958.5 and 17958.7(a).

There is an exception in Title 25, Section 52 to the requirement for an express finding where alternate abatement procedures are determined by the local enforcement agency to be the equivalent of those contained in Title 25. • Unlike the California Building Standards Law, there is no specific requirement in the State Housing Law that local government amendments provide either more restrictive building standards, including green building standards, than those contained in Title 24, or more restrictive regulations than those contained in Title

25. However, Title 24 provisions are the minimum standards, thus local amendments must be equivalent or more restrictive, but not less restrictive. HSC, Sections, 17958.5, 17958.7(a), and 18941.5(b)
• The local amendments are not effective or operative until a copy of the express findings and the amendments, with the amendments expressly marked and identified as to the applicable findings, have been filed with the California Building Standards Commission. HSC, Section 17958.7(a).

Filings with the California Building Standards Commission Filings submitted to the California Building Standards Commission (CBSC) are reviewed and processed in the following manner:
• The absence of a filing with CBSC of local government amendments implies that Title 24 is applicable within that local jurisdiction without amendment. HSC, Section 17958.
• Local ordinances that only adopt Title 24 by reference without amendments need not be filed with the California Building Standards Commission or the Department of Housing and Community Development. Refer to HSC, Section 18909 regarding a local regulation that is not deemed a building standard and does not require filing.
• CBSC is not authorized by law to evaluate the merits of the express findings that support the local climatic, geological, or topographical (environmental for CALGreen) conditions necessitating its amendments.
• CBSC may reject, in writing, any filings by local governments proposing to adopt and amend model codes adopted by California without California amendments included. Only Title 24, incorporating model codes and including California amendments by the state agencies, and the related regulations of the ITEM 10

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Department of Housing and Community Development, are subject to adoption and amendment by local governments. HSC, Sections 17958.5 and 17958.7. • CBSC may reject, in writing, a local government filing for the following reasons:
o No express finding was submitted with the proposed amendments. HSC, Section 17958.7.
o The proposed amendments are not expressly marked and identified as to the applicable express findings. HSC, Section 18941.5.
o There is no evidence by signature(s), certification of the city/county clerk, transmittal letter or other reasonable means to validate that the express findings were a lawful action of the governing body of the local jurisdiction.

• CBSC will issue a letter to the local enforcement agency stating that the code modifications are accepted for filing when they meet the requirements of Health and Safety Code Sections 17958.7 and 18941.5.

Local Amendments for Universal Design in Housing
HSC Section 17959 authorizes local ordinances for universal design in residential occupancies based on guidelines and the Universal Design Model Ordinance developed by HCD. In general, the HCD model ordinance applies to new or substantially rehabilitated single-family, duplex, and triplex residential dwellings, except for custom- built homes, that are not otherwise subject to the accessibility requirements in Part 2 of Title 24. These ordinances are filed with HCD.

Local Amendments for Shelter Crisis
Government Code (GOV) Sections 8698.3 and 8698.4 permit local jurisdictions to adopt ordinances to address shelter crises arising from homelessness or a natural disaster, such as fire. These local jurisdictions, upon declaring a shelter crisis, may adopt reasonable local standards and procedures for the design, site development and operation of shelters in lieu of compliance with state and local building approval procedures or state housing, health, habitability, planning, zoning or safety standards, procedures and laws. To assist locals with quickly adopting shelter crisis regulations, Appendix O of the CBC and Appendix X of the CRC are available for adoption by ordinance without the need for express findings. Appendices O and X are the minimum standards that must be met by a local shelter crisis ordinance. Refer to HCD’s Information Bulletin 2020-09 for filing of Emergency Housing Ordinances with HCD.

Local Amendments for Shelter Crisis- Fire and Life Safety Government Code (GOV) Section 8698.1 permits a local jurisdiction with a population over 3.5 million to adopt ordinances related to fire and life safety to address shelter crises arising from homelessness or a natural disaster, such as fire. The alternative standards must be reasonable and, at a minimum, meet the requirements listed in the law and filed with the State Fire Marshal.

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Local Amendments under the Fire Protection District Law Local government amendments to building standards in Title 24 adopted by the State Fire Marshal for fire and panic safety that are more stringent are permitted under this provision of state law for fire protection districts organized under HSC, Division 12, Part

2.7. There are differences in how these amendments are implemented. These ordinances are filed with HCD.

Local Amendments for Energy Conservation
Public Resources Code (PRC) Section 25402.1(h)(2) allows more stringent local amendments to the energy conservation provisions in the California Energy Code, Title 24, Part 6. The California Administrative Code, Title 24, Part 1, Chapter 10, Section 10- 106, requires local government to gain approval from the California Energy Commission (CEC) for any local energy conservation requirement more restrictive than the regulations in the Energy Code. Filed with CBSC and application approval by the CEC.

Local Amendments under the State Historical Building Code HSC, Division 13, Part 2.7 (the State Historical Building Code), Section 18959 (f), authorizes local government to make amendments to the California Historical Building Code, Part 8 of Title 24, for qualified historical buildings. Filed with the State Historical Building Safety Board.

Local Amendments under the Earthquake Protection Law
CBSC does not review ordinances developed pursuant to the Earthquake Protection Law (HSC Section 19100, et seq.) relative to seismic retrofit standards for seismically hazardous buildings. HSC Section 19165 requires these amendments be filed with HCD for informational purposes.

Local Amendments for Accessory Dwelling Units
Local amendments developed for the purpose of regulating accessory dwelling units pursuant to GOV Section 65852.2 are subject to the requirements of those provisions of law and local building code requirements that apply to detached dwellings. Filed with HCD.

Note: Refer to the 2022 Guide for Local Amendments of Building Standards for detailed filing requirements for each of these types of amendments.

Submitting Accessible Documents for Posting on CBSC’s Website In accordance with GOV Sections 7405,11135 and11546.7, in order for ordinances to be posted to CBSC’s website for viewing or downloading by the public, they must be provided in a format that is accessible to persons with disabilities. The applicable standards for accessible documents are as follows:
• Meet WCAG 2.0 AA (see * below) standards for document attributes including headers, lists, tables, alternative text for images (including signatures and logos), font and text styles, color and/or meaningful links
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CBSC will review submitted documents for accessibility and will not be able to remediate those that do not meet these standards. When an ordinance document is not accessible, CBSC’s local amendments webpage will only list the identification number of the ordinance. Constituents will then be able to request a copy by contacting CBSC or the local jurisdiction.

Another alternative is for a jurisdiction to provide a link to the ordinance posted on their own website and that link will be shared on CBSC’s website.

CBSC highly encourages jurisdiction staff to obtain training in creating accessible documents to proactively meet the needs of constituents now and in the future. Some resources for accessibility information and training are:
• California Department of Technology (CDT) Web Accessibility Training at cdt.ca.gov/workforce-development/course-schedule/
• California Department of Rehabilitation (DOR) Accessibility Training at https://www.dor.ca.gov/Home/disabilityaccessservices
• Document Accessibility Information at dor.ca.gov/Home/DocumentAccessibility • Guides for Creating Accessible Documents at
dor.ca.gov/Home/ConstructingAccessibleElectronicContent • *Web Content Accessibility Guidelines (WCAG) by the World Wide Web Consortium (W3C) at www.w3.org/TR/WCAG20/

Local Administrative Ordinances
Local regulations necessary to carry out procedures by a city, county, or city and county relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards, may be enacted without meeting the requirements of HSC, Sections 17958, 17958.5, 17958.7 and 18941.5.

However, amendments to administrative provisions in Title 24 that relate to the implementation or enforcement of a building standard that do not have express findings that each amendment is reasonably necessary because of local climatic, geological, topographical, or environmental conditions and/or are not expressly marked is reason for rejection of the filing.

An example of an amendment of an administrative requirement necessitating an express finding is where a local ordinance changes when a permit is required by modifying the height provision for a fence. The administrative provisions of Title 24 do not require a permit for fencing not over 7 feet in height. A local ordinance changing the height requirement to 6 feet necessitates a permit, and compliance with design provisions (building standards) would be mandatory, thereby implementing or enforcing a building standard.

Local Approval of Alternatives
Local building departments have authority under HSC, Section 17951(e) to allow alternative materials and methods of construction that are not specifically adopted in Title 24. Said section is from the State Housing Law with application to the design and construction of hotels, motels, lodging houses, apartments, condominiums, and dwellings. Thus, an alternative material or method of construction not specifically ITEM 10

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adopted in Title 24 may be approved on a case-by-case basis for residential structure construction under the conditions stated in HSC, Section 17951(e), without the need for a local ordinance or code amendment. Additionally, Chapter 1 of various parts of Title 24 allows for the use of alternate materials, design, and methods of construction for both residential and nonresidential occupancies.

Additional Resources
The Local Code Ordinances webpage on CBSC’s website has a number of helpful resources including the 2022 edition of the Guide for Local Amendments of Building Standards, the 2022 California Code Adoption for Local Jurisdictions video presentation and a list of acceptable ordinances that were filed in accordance with state law. This video is a joint effort with the California Building Standards Commission, JAS Pacific, and the International Code Council. We highly recommend reviewing the guide and video after reading this bulletin, as these additional resources provide an in-depth overview of required ordinance filings with numerous state agencies and the approval of certain building standards such as amendments to the California Energy Code, Part 6 of Title 24. Additionally, please see BSC Information Bulletin 22-01 Announcing 2022 Codes and BSC Information Bulletin 22-03 NFPA Tentative Interim Amendments.

Questions or comments regarding the contents of this information bulletin should be directed to CBSC’s staff at (916) 263-0916 or via email at [email protected].

Mia Marvelli
Executive Director
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ATTACHMENT E
City of Ceres

NOTICE OF PUBLIC HEARING
2022 BUILDING CODE ADOPTION

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on July 22, 2024 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following Ordinance of the City Council of the City of Ceres amending Title 15 of the Ceres Municipal Code, and adopting by reference the California Code of Regulations Title 24, 2022 Edition, of the California Building Standards Code. This ordinance amends those sections of Title 15 of the Ceres Municipal Code that incorporate superseded standards to inc lude by reference the 202 2 Building Standards Code, as published by the Building Standards Commission.

Ordinance Summary: A hearing to Introduce and waive the second reading of the ordinance amending Title 15 of the Ceres Municipal Code, and adopt, by reference, the California Code of Regulations Title 24, 2022 Edition, of the California Building Code.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: July 3, 2024 & July 10, 2024
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COUNCIL AGENDA REPORT

CITY COUN
CIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 22, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Lea C. Simvoulakis, Director of Community Development [email protected], (209) 538-5778
SUBJECT: Ordinance No. 2024 -XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 5, Chapter 18 Garage Sales of the City of Ceres Municipal Code to Increase the Number of Garage Sale Events to Three Per Year and to Limit the Number of Sale Days to Three Per Garage Sale Event
RECOMMENDED COUNCIL ACTION:

Staff r
ecommends the City Council introduce and waive the first reading of the ordinance amending Title 5, Chapter 18 of the Ceres Municipal Code to increase the number of garage sale events to three per year and to limit the number of garage sale days to three consecutive sale days per garage sale event.

I. BACKGROUND:

At the A
ugust 28, 2023 City Council meeting a member of the public requested the City consider increasing the number of yard sale s from two sales per year to three sales per year. During Council referrals, Councilmember Vierra requested that staff consider a city- wide garage sale as the additional yard sale for the year.

At the O
ctober 9, 2023 City Council meeting Councilmember Vierra again made a referral based on the suggestions of a member of the public to host a city -wide garage sale one time per year which would be in addition to the two yearly garage sales already allowed by the Municipal Code. Councilmember Vierra indicated that individuals would still have to go in for a permit at no cost to go over the garage sale rules and sign a permit acknowledging the requirements. It was added that bulk disposal requirements would still apply.

ITEM 11
On January 22, 2204, the former Community Development Director brought an informational item to the Council discussing two options for a city-wide garage sale. The prior two options provided to staff are listed below:

1. The City could require all participants to obtain a Garage Sale Permit, per the typical process and pay the $5.00 fee. The marketing materials for the event would need to explicitly state that a Garage Sale Permit is required. Enforcement of these permits may require additional focus by Ceres Code Enforcement Officers on the day of the event.

2. The City could waive the requirement to obtain a Garage Sale Permit for each city- wide garage sale event participant for the duration of the event. The marketing materials for the event would need to explicitly state that a California S eller’s Permit may be required if the participant has already held two personal garage sales within the prior 12- month period. As the City is not the main enforcement entity for California Seller’s Permits, it may be challenging to ensure all participants are following California laws pertaining to garage sales.

The conversation related to a city-wide yard sale was lost amidst the discussion about a Seller’s Permit and the Council was not able to fully vet the concept of a city-wide garage sale. Staff was asked to bring the item back with clarification on the Seller’s Permit issue and still provide information about a city-wide garage sale.

Staff prepared a zoning ordinance amendment to Title 5, Chapter 18 of the Ceres Municipal Code to allow for a third private garage sale for the community. At this time staff is not recommending a city-wide garage sale and will provide clarification below.

II. REASONS FOR RECOMMENDATION:

Original Public Request: Additional Garage Sale Permit

The request made by the public was to increase the number of garage sales the City allows individuals to have. Municipal Code section 5.18.030 states that individuals may have two garage sales within a 12- month period. Se ction 5.18.060 states that the two garage sales must be four months apart. Section 5.18.070 states that each sale can last three consecutive days, or two consecutive Saturdays and Sundays. As such, the current code allows individuals to have either six sale days a year if the two permitted garage sales are issued for three days each, or eight sale days a year if the garage sale permits are issued for the second option of having a garage sale on two consecutive weekends.

The table below summarizes the existing requirements for garage sales in Ceres:

City City-Wide
Garage Sale
Y/N
Number of
Garage
Sales
Number of
Days Each
Sale
Number of
Days Apart
Hours Total Selling
Days
Permit
Required
Permit Cost
Per Permit
Ceres- Existing No 2 per 12-
month period
3 consecutive
days or 2
consecutive
Sat/Sun
4 months
(120 days) 8am-8pm
6 days for three
day permits,
8 days for
consecutive
weekends
Yes $5.00
ITEM 11
City City-Wide
Garage Sale
Y/N
Number of
Garage
Sales
Number of
Days Each
Sale
Number of
Days Apart
Hours Total Selling
Days
Permit
Required
Permit Cost
Per Permit
Modesto No 2 per calendar
year
3 consecutive
days N/A N/A 6 days No N/A
Hughson Yes 2 per calendar
year
2 consecutive
days 90 days 8 am- 8pm
4 days or 5 days
with community
garage sale
Yes $5.00
Turlock
* Code permits
community
garage sale but
have not had one
in
at least 8 years
2 per calendar
year 3 days N/A N/A 6 days Yes $15.00
Oakdale No 3 per calendar
year
3 consecutive
days N/A N/A 9 days No $5.00
Riverbank No 2 per calendar
year
3 consecutive
days N/A N/A 6 days Yes $5.00
Newman No 3 per calendar
year
3 consecutive
days N/A N/A 9 days Yes $7.50
Patterson Yes 3 per calendar
year
2 consecutive
days N/A 7 am-4 pm
6 days or 7 days
with community
garage sale day
Yes $7.00 first;
$10.00 second
Waterford No 1 per calendar
year
3 consecutive
days N/A N/A 3 days Yes $10.00
Stanislaus
County
No 2 per calendar
year
3 consecutive
days N/A N/A 6 days No N/A
In considering changing the garage sale section of the municipal code, staff verified the rules and regulations for garage sales in all cities in Stanislaus County as well as the rules that regulate Stanislaus County. The below table identifies the garage sale regulations from the municipal codes of the other eight cities in Stanislaus County as well as Stanislaus County:

Based on the other municipal codes, the most common number of allowed garage sales per year is two per calendar year. The most common number of sale days is six sale days in a calendar year. In Newman and Oakdale, individuals can sell up to nine calendar days per year. The next highest allowable sale days is Patterson with seven sale days if you include the community garage sale day. The most restrictive city is Waterford which only allows one garage sale per calendar year for three consecutive days. The only City that has a requirement for time in between each yard sale is Hughson, which requires 90 days in between each yard sale.

When comparing the various municipal codes, Ceres allows up to eight sale days per year, if one chooses the two consecutive weekend days twice a year. Despite allowing the second highest number of sale days, a Ceres garage sale permit costs the same as other cities that allow only four and six sale days per year. T he only other two major differences in the garage sale regulations are the 12-month period requirement versus the calendar year requirement, and the separation requirement between garage sale events.

ITEM 11
When considering increasing the number of allowable garage sale permits available to an individual each year, it is important to note the stated intent and purpose of the garage sale permit restrictions. Section 5.18.010 defines a garage sale as a sale conducted “… for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out.” Staff believes that eight sale days per year is sufficient for members of the community to be able to sell, trade, bargain, exchange, or otherwise dispose of unwanted or surplus household items. The same section continues to state the purpose and intent of the regulations of garage sales is to prevent the expansion of commercial activity in noncommercial zones, to prevent such activities from unfairly competing with licensed revenue- producing commercial and business enterprises, and to prevent the evasion of business license fees.

In the 2023-2024 fiscal year, Finance issued 607 garage sale permits. At $5.00 per permit, that is a total revenue of only $3,035.00 , which does not cover staff time to track, issue, and monitor garage sales in town. Increasing the number of garage sales will only increase the gap between the revenue brought in and the actual cost of staff time to issue and monitor garage sales.

Despite the lack of revenue brought in by each permit, staff can support increas ing the number of garage sale events to three events per year, for three selling days per event.

This change would allow a total of nine sale days in the year rather than eight. The way the code is written now is complicating and confusing. Ceres is the only municipal code that has two different day requirements. Setting a firm number of sale days per garage sale event simplifies the process, helping to cut down on staff time, which is already not funded by the cost of the permit.

In addition to making this change, staff also supports moving to a calendar year system versus a 12-month rolling system. This change would eliminate the burden of having to consider the year period differently for everyone. With a 12-month rolling system, staff and the public have to calculate (and remember) when their first garage sale was, as that begins the 12-month cycle calculation for when they can have their second. For example, if someone hosts their first yard sale in June , their 12-month timeframe is on a June to May cycle. If someone’s first permit is issued in March, they are on a March to February 12-month cycle. This system is confusing and requires more effort on the part of Finance staff to track. The calendar year system means that people can have three garage sales between the months of January and December. This simplifies the process and improves efficiency for staff.

Staff also proposes to eliminate the four -month waiting period in between garage sales.

The only other city to have this limitation is Hughson, and it does not seem to be a necessary restriction based on the way other cities are managing garage sales.

ITEM 11
The proposed changes to the garage sale regulations are listed below in red:

With these changes, staff believes we are addressing the public concern about more sales days, and also simplifying the process for Finance staff who are tasked with issuing garage sale permits.

Councilmember Referral: City-Wi
de Garage Sale Day

Councilmember Vierra’s referral was to explore a city -wide garage sale day. In researching neighboring cities, staff found that only two cities have active city -wide garage sales, Hughson and Patterson. Turlock has a code provision that allows for a community garage sale as designated by the Director of Parks, Recreation, and Public Facilities. However, after discussing the matter with Turlock staff, it appears they have not had their community -wide sale for at least eight years. Having a community -wide garage sale is not the norm in Stanislaus County, and staff anticipates that it is the time and cost associated with such an event that deters larger cities from having community - wide garage sales. Hughson has a population of less than 8,000 people and Patterson has a population of approximately 23,800 people. Both cities are smaller than the City of Ceres, making a community -wide garage sale more logistically possible from an enforcement perspective. If the number of garage sale permits th at are pulled when individuals have to pay is already 607, the number of individuals taking advantage of a free permit will be even higher. Issuing these permits to the public and going over the rules and regulations for a garage sale will be time and cost consuming for staff.

The point was raised that it would be nice to give the community a free garage sale. Given that customers can currently have eight sale days a year for the price of $10.00, or $1.25 per sale day, the notion of a “free” permit is not materially justified. The cost of a permit is already so low that it does not cover the staff time needed to issue the permit and track the number of permits issued in a year. The $3,035.00 received in revenue this last fiscal year does not offset the cost of the Finance staff and Code Enforcement O fficer. If the community-wide garage sale day is still something the Council is interested in, staff recommends charging for the $5.00 permit , given the current budget issues facing the City.

At this time, staff believes the increased sale day and the removal of the time constraint between sale days addresses the public’s concern and is a more fiscally responsible option to offer at this time.

As noted in the pervious staff report, according to the Sales and Use Tax Regulations of the State of California (Regulation 1595, Article 7, Chapter 4, Title 18 of the California Code of Regulations), a California seller’s permit is required whenever a person makes three or more sales within a 12-month period. When a person holds a seller’s permit, they must file sales and use tax returns and pay any sales and use tax due.

The California Department of Tax and Fee Administration’s website states that if you will be selling items at a location for less than 90 days, you are considered a temporary seller and are required to hold a temporary seller’s permit. You will need to register each temporary sales location. The registration for a seller’s permit or a temporary seller’s permit is free.

The State’s website indicates the most common type of sellers who may need a tem
porary Seller’s Permit are people holding garage sales. Per the State’s website, when you have a garage sale and sell used items, you are generally not required to hold a Seller’s Permit. However, if you have more than two garage sales within a 12- month period, you are required to hold a Seller’s Permit. In a phone call to the California Department of Tax and Fee Administration, staff asked for clarification on whether one garage sale that lasts multiple days counts as one event under the code, or if multiple days counts as multiple days of sales. Staff learned that each day of a garage sale is considered a day of sale. As such, after a two-day garage sale, someone has had two days of sales that have been exempt from California sales tax. Upon the third day of sale, an individual has triggered the need for a Seller’s Permit or Temporary Seller’s Permit.

Af
ter questioning the tax advisor about the City’s desire to permit multiple garage sale events with multiple sale days, the representative indicated there is nothing wrong with the City allowing multiple sale events that include multiple sale days. The Ci ty can allow individuals to have 10 garage sales that allow two sale days each for a total of 20 sale days. However, the individual person holding the garage sale is required to report their earnings after two days of sales. The advisor went on to say that the City is not responsible for providing tax advice to citizens as it relates to the selling of goods. It is common practice that when you buy goods in California, you pay a sales tax. Stores collect taxes on goods, online retailers collect sales tax on goods sold on the internet, and even maker platforms like Etsy collect sales tax on sales made. The seller of goods has an obligation to collect sales tax on their sales and then report that income to the State. There is nothing the City must do to ensure that process happens. It is the responsibility of the taxpayer to know they have an obligation as a seller of goods to pay their taxes accordingly. If the individual chooses not to do this, it is an individual tax risk on their part.

The State acknowledges that sometimes people sell items out of their homes to get rid of items, and the State allows people to do this twice a year without having to pay sales tax on those goods. However, after a certain point, the State expects to receive sales tax on items sold and it is the responsibility of the seller to then report those sales once that threshold has been reached. At the previous Council meeting it was asked if the City Council can waive the Temporary Seller’s Permit for a community wide garage sale. The tax advisor indicated that the answer to that question is no. The City can not waive the State’s right to collect taxes.

ITEM 11
In discussing this matter with other cities in the area, it became clear that no one was aware of the Temporary Seller’s Permit or S eller’s Permit requirement. Even those municipalities that allow for only two sales in a calendar year allow multiple days of sales, making it even more apparent the Seller’s Permit concept has played no role in the justification behind the number of garage sales/days allowed by each City. It was stated in the majority of municipal codes reviewed that the purpose and intent of the regulations on garage sales is to prevent the expansion of commercial activity in noncommercial zones, to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises, and to prevent the evasion of business licens e fees, not limit the number of garage sales for tax purposes . It is staff’s recommendation that Council set new garage sale rules irrespective of the rules surrounding S eller’s Permits. It is ultimately the taxpayer who needs to be aware of their obligations to the State.

Staff believes that three garage sale events for three consecutive days accomplishes the goal of providing a little more flexibility to the community, while still maintaining the purpose and intent of the garage sale code section. With nine sale days per year only costing the public $15.00 (or $1.66 per sale day), staff also recommends Council consider a fee increase for the permit in the future.

III. FISCAL IMPACTS:

Given the low cost of the garage sale permit, the revenue does not cover staff time to track, prepare, and issue the permit. Any additional permit days will increase the disparity between revenue and expenses.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose to not increase the number of garage sale days or make any other changes suggested by staff.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that ITEM 11
the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

IX. ST
EPS FOLLOWING APPROVAL:

Following Council approval or denial of the changes to the Municipal Code, staff will implement any changes accordingly.

Appr
oved by: ___________________
Douglas D. Dunford,
City Manager
Atta
chments:

1. Attachment A – Ordinance

2. Attachment B – Redlined Ordinance

3. Attachment C – Public Hearing Notice
ITEM 11
ORDINANCE NO. 2024-XXXX

AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING
TITLE 5, CHAP TE R 18 GARAGE SALES, OF THE CERES MUNICIPAL CODE TO

INCREASE THE NUMBER OF GARAGE SALE EVENTS TO THREE PER YEAR AND

TO LIMIT THE NUMBER OF SALE DAYS T O T HREE PER GARAGE SALE EVEN T WHEREAS, Title 5, Chapter 18 Garage Sales governs the process of garage sales in the City of Ceres; and
WHEREAS, members of the public requested that the Council review the garage sale procedures of the City of Ceres to consider increasing the number of garage sales a person could host in the City; and
WHEREAS, the item was di scussed at t he City Council meeting on January 22, 2024 and several outstanding issues arose during the discussion of the item; and WHEREAS, Council directed staff to come back to Council with recommendations related to the number of garage sales a year they could permit; and WHEREAS, staff recommended three garage sale events per year wit h a limit of three days per garage sale event; and
WHEREAS, notice of this Ordinance change was published such that sufficient notice was given to interested persons of the purpose of the ordinance and the subject matter thereof.

NOW, THEREFORE, THE CITY OF CE

RES CITY CO UNCIL DOES ORDAIN AS
FOLLOWS:

SECTION 1. AMENDMENT OF CODE SECTION. Title 5, Chapter 18 of the Ceres Municipal Code is hereby amendment to as reflected below . Specifically, amendments have been made to Section 5.18.030, 5.18.060, 5.18.070, and 5.18.080.

Chapt
er 18 Garage Sales
Sectio
ns:

5.18.01 0 Definitions.

5.18.02 0 Purpose and intent.

5. 18.030 Who may conduct a garage sale; frequ ency of sales.

5.18.040 Application for permits.

5.18.05 0 Issuance of permits.

5.18.06 0 Conduct of garage sales.

5.18.07 0 Duration of sale.

5.18.08 0 Permit applications exceeding three gar age sales per calendar year
ITEM 11

ATTACHMENT A

5.18.090 Exceptions
5 .18.010 Definitions.

F
or the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Family unit means all those persons who reside with the owner or occupant at the address of the residential unit.

Garage sale means a sale conducted by an individual home owner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventor y or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and, excluding those sales sponsored by bona fide service clubs.

5. 18.020 Purpose and intent.

It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue- producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially -zoned property; and to curb the evasion of business license fees.

5. 18.030 Who may conduct a garage sale; frequency of sales.

A. Garage sales may be conducted by the following persons:

1. T
he owner of any residential unit within the City, or a member of the owner's family unit, provided such persons are actually residing upon said premises as their principal place of residence.

ITEM 11

2. The occupant of any residential unit within the City, or a member of the occupant's family unit, provided such persons are actually residing upon the premises as their principal place of residence pursuant to a rental or lease agreement with the owner of the premises.

3. No more than three garage sales shall be conducted at any residential unit within the City during a calendar year by the persons permitted to conduct such sales pursuant to this section.

4. Each garage sale shall be limited to three consecutive days in duration. The hour
s of the garage sale shall be limited to 8:00 a.m. to 7:00 p.m.

5. If you conduct sales on three or more days in a 12-month period, you are subject to California sales and use tax and you are required to register for a California seller’s permit and pay tax on your taxable sales.

B. In determining the number of garage sales conducted during the calendar year at the
residential unit, all sales conducted by the owner, occupant, or member of the owner's or occupant's family unit shall be included. The City Manager shall have the discretion to determine whether an applicant may conduct a garage sale if that individual demonstrates to the City Manager's satisfaction a compelling justification for not meeting the requirements in this section.
5 .18.040 Application for permits.

Persons authorized to conduct garage sales pursuant to this chapter shall make verified application in a form satisfactory to the Finance Department. The application shall contain the following:

A. The name of the applicant and copy of a government ID or driver license; B. The address of the applicant;
C. The location of the proposed garage sale;
D. The date or dates upon which it is proposed to conduct the garage sale; E. The date or dates of any prior garage sales held at the residence; F. A statement that the applicant is either an owner/occupant, a renter/lessee, or a member of the family unit of such owner/occupant or renter/lessee. In the di
scretion of the Finance Department, the applicant may be required to provide v
erification of applicant's ownership, occupancy or family unit status in a form satisfactory to the Director of Finance.

G. Any fees as provided by section 5.02.010.

5. 18.050 Issuance of permits.

Upon receipt of the application, the Finance Director shall issue the permit to the applicant provided that the Director of Finance determines that all of the provisions of this chapter have been met. The permit shall specify the following:

ITEM 11
A. The name of the permittee;
B. The exact address or location where the garage sale is to be conducted; C
. The date or dates upon which the sale is to be conducted; D
. The hours of the day during which said sale is to be conducted; E. The requirement that only one sign may be used to advertise said sale, which sign shall be displayed only at the sale, only during the date or dates and hours of said sale, and the further requirement that said sign shall not exceed six square feet in area nor six feet in height;
F. A general description of the property to be offered for sale; G
. The requirement that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or other applicable provisions of law;
H
. The requirement that the permit shall be prominently displayed at the location of the garage sale; and,
I
. Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Police Chief, are necessary or proper f
or the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.

5. 18.060 Conduct of garage sales.

A. Sale items shall be limited to the personal property of permit applicant and his or her i
mmediate family. Sale of items acquired for resale or consignment shall be prohibited.

B. The permit must be displayed on the garage sale premises while the garage sale is oper
ated.

C. Garage sales shall not be operated between the hours of 7:00 p.m. and 8:00 a.m.

D. Goods for sale shall not be placed in any public right -of-w ay nor shall goods be left out in an open area visible to the public before or after the sale.

5. 18.070 Duration of sale.

No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a garage sale for more than three consecutive days.

5. 18.080 Permit applications exceeding three garage sales per calendar year.

For the fourth and subsequent garage sale in any calendar year, the applicant must apply for a conditional use permit from the Ceres Planning Commission and pay all appropriate fees.

ITEM 11

5. 18.090 Exceptions.

This chapter shall not apply to the following persons:

A. Persons selling goods pursuant to an order of process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officials; or C
. Churches, public schools, or charitable organizations, where the sale is conducted on
the organization's property.

S
ECTION 2. FINDINGS AND DECLARATION. The proposed Zoning Ordinance Text Amendment is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the text amendment will have no adverse effect on properties under the City’s jurisdiction.

SECTION 3. EFFECTIVE DATE. This ordinance shall take effect 30 days from and after the date of its passage.

SECTION 4. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 5. PUBLICATION. This Ordinance shall be posted 10 days prior to the public hearing.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

SECTION 7. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

ITEM 11
SECTION 8. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a meeting of the Ceres City Council held on the 22nd day of July 2024, and passed and adopted as Ordinance No. 2024- XXXX at a regular meeting of the City Council held on the 12th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: C ouncilmembers:

ABSTAIN: Councilmembers:
___________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
APPROVED AS TO FORM:
_______________________________
Nubia I. Goldstein, City Attorney
ITEM 11
CHAPTER 18 GARAGE SALES

5.18.010 Definitions.

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Family unit means all those persons who reside with the owner or occupant at the address of the residential unit.

Garage sale means a sale conducted by an individual home owner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and, excluding those sales sponsored by bona fide service clubs. (Ord. No. 2020-1057 , § 1, 3-23-2020)

5.18.020 Purpose and intent.

It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially-zoned property; and to curb the evasion of business license fees. (Ord. No. 2020-1057 , § 1, 3-23-2020)
ITEM 11

ATTACHMENT B

5.18.030 Who may conduct a garage sale; frequency of sales.

A. Garage sales may be conducted by the following persons:

1. The owner of any residential unit within the City, or a member of the owner's family unit, provided such persons are actually residing upon said premises as their principal place of residence.

3. No more than thre
e two garage sales shall be conducted at any residential unit within the City during a calendar year 12-month period by the persons permitted to conduct such sales pursuant to this section. The 12-month period shall commence on the date of the first garage sale.

4. Each garage sale shall be limited to three consecutive days in duration. The hours of the garage sale shall be limited to 8:00 a.m. to 7:00 p.m.

B. In determining the number of garage sales conducted during the calendar year12-mo nth period at the residential unit, all sales conducted by the owner, occupant, or member of the owner's or occupant's family unit shall be included. The City Manager shall have the discretion to determine whether an applicant may conduct a garage sale if that individual demonstrates to the City Manager's satisfaction a compelling justification for not meeting the requirements in this section.
(Ord. No. 2020-1057 , §
1, 3-23-2020)

5.18.040 Application for permits.

Persons authorized to conduct garage sales pursuant to this chapter shall make verified application in a form satisfactory to the Finance Department. The application shall contain the following:

A. The name of the applicant and copy of a government ID or driver license; B. The address of the applicant;
C. The location of the proposed garage sale;
D. The date or dates upon which it is proposed to conduct the garage sale; E. The date or dates of any prior garage sales held at the residence; ITEM 11
F. A statement that the applicant is either an owner/occupant, a renter/lessee, or a member of the family unit of such owner/occupant or renter/lessee. In the discretion of the Finance Department, the applicant may be required to provide verification of applicant's ownership, occupancy or family unit status in a form satisfactory to the Director of Finance.

G. Any fees as provided by section 5.02.010.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.18.050 Issuance of permits.

A. The name of the permittee;
B. The exact address or location where the garage sale is to be conducted; C. The date or dates upon which the sale is to be conducted; D. The hours of the day during which said sale is to be conducted; E. The requirement that only one sign may be used to advertise said sale, which sign shall be displayed only at the sale, only during the date or dates and hours of said sale, and the further requirement that said sign shall not exceed six square feet in area nor six feet in height;
F. A general description of the property to be offered for sale; G. The requirement that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or other applicable provisions of law;
H. The requirement that the permit shall be prominently displayed at the location of the garage sale; and,
I. Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Police Chief, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters. (Ord. No. 2020-1057 , § 1, 3-23-2020)

5.18.060 Conduct of garage sales.

A. Sale items shall be limited to the personal property of permit applicant and his or her immediate family. Sale of items acquired for resale or consignment shall be prohibited.

ITEM 11
B. The City shall issue no more than one permit to an individual in a four-month period.

B.C. The permit must be displayed on the garage sale premises while the garage sale is operated.

C.D. Garage sales shall not be operated between the hours of 7:00 p.m. and 8:00 a.m.

D.E. Goods for sale shall not be placed in any public right-of-way nor shall goods be left out in an open area visible to the public before or after the sale. (Ord. No. 2020-1057 , § 1, 3-23-2020)

5.18.070 Duration of sale.

No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a
garage sale for more than three three consecutive days. or for more than two consecutive Saturdays and Sundays.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.18.080 Permit applications exceeding threetwo gar age sales per calendar year12-month period.

For the fourththird and subsequent garage sale in any calendar yearconsecutive 12-month period, the applicant must apply for a conditional use permit from the Ceres Planning Commission and pay all appropriate fees.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.18.090 Exceptions.

This chapter shall not apply to the following persons:

A. Persons selling goods pursuant to an order of process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officials; or C. Churches, public schools, or charitable organizations, where the sale is conducted on the organization's property.
(Ord. No. 2020-1057 , § 1, 3-23-2020)
ITEM 11
Cit
y of Ceres

NOTICE OF PUBLIC HEARING

GARAGE SALE ORDINANCE
NOT
ICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on July 22, 2024 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following Ordinance of the C ity Council of the City of Ceres amending Title 5, Chapter 18 of the Ceres Municipal Code to increase the number of garage sales per year to three, but to limit the number of sale days to three per garage sale event.

Or
dinance Summary: A hearing to Introduce and waive the first reading of the ordinance amending Title 5, Chapter 18 of the Ceres Municipal Code to increase the number of garage sales allowed per year to three, but to limit the number of sale days to three per garage sale event.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.

ATTACHMENT C
ITEM 11
{CW139289.1}

COUNCIL AGENDA REPORT

Ordinance No. 2024-XXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 25, Murals, of Title 5, Business Licenses and Regulations, to the Ceres Municipal Code Regarding Murals, their Location, and Design
RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the first reading and introduction of Ordinance No 202 4- XXX, reading by title only, waiving further reading, an Ordinance of the City of Ceres a dding Chapter 25, Murals, to Title 5, Business Licenses and Regulations, of the Ceres Municipal Code , this chapter will govern murals, their location, and design.

I. BACKGROUND:

During the November 13, 2023 City Council meeting, the City Council discussed murals within the City and approved the creation of a Mural Ad Hoc Committee.

The City currently has no provisions in its Municipal Code addressing murals, their location, or their design. Chapter 26, Signing Standards, of Title 18, Zoning, of the Ceres Municipal Code addresses signs, but the chapter does not mention murals. The proposed Ordinance furthers the City’s interest in murals by providing guidelines for their creation and approval within the City.

II. REASONS FOR RECOMMENDATION:

Regulating murals is necessary to prevent damage to the City’s aesthetic appeal and protect public safety. Further, any regulation of murals implicates the First Amendment’s free speech protections. The proposed Ordinance establishes content-neutral standards in compliance with the First Amendment and ensures that mural project permits are assessed with standardized criteria. The proposed Ordinance distinguishes murals from commercial speech, the latter of which may be regulated to a greater degree under th e ITEM 12
{CW139289.1}
First Amendment. The proposed Ordinance also prohibits obscene content in murals, which is a narrow but permissible regulation on free speech. Otherwise, the proposed Ordinance establishes content-neutral criteria for the design of murals.

The proposed Ordinance establishes a procedure for the application and approval of a mural project permit. The mural project permit process ensures that mural construction complies with the Ordinance’s location and design requirements for murals and requir es authorization from the City Council before a mural proposal may be approved. In addition, the proposed Ordinance grants the City Council authority to establish a mural project permit fee from time to time by resolution.

III. FISCAL IMPACTS:

There is no fiscal impact to the City with adoption of the Ordinance; however, there will be minimal additional staff time necessary to review mural applications.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The Ordinance will further the City’s strategic plan by creating a more livable community through murals.

V. POLICY ALTERNATIVES:

The City Council can choose to reject the proposed Ordinance.

VI. INTERDEPARTMENTAL COORDINATION:

N/A.

VII. PUBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

The proposed action is not a project subject to CEQA review.

IX. STEPS FOLLOWING APPROVAL:

The City Council will consider approval of the second reading and adoption of the Ordinance at a later meeting of the City Council.

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Public Hearing Notice
ITEM 12

ATTACHMENT A
{CW139297.1}
ORDINANCE NO. 2024-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES, ADDING CHAPTER 25, MURALS, OF TITLE 5, BUSINESS LICENSES AND REGULATIONS,

TO THE CERES MUNICIPAL CODE

WHEREAS, the City Council for the City of Ceres (“City Council”) finds that it is in the best interests of the City of Ceres (“City”) to promote the local economy, tourism, and the aesthetics of the City through murals; and

WHEREAS, the City Council recognizes that the First Amendment of the United States Constitution creates significant protections for free speech; and

WHEREAS, the City Council finds the City has an interest establishing clear, content-neutral guidelines for the creation, location, and design of murals in the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES ORDAINS AS FOLLOWS:

SECTION 1 . C
hapter 25, Murals, shall be added to Title 5, Business Licenses and Regulations, of the Ceres Municipal Code as follows:

Chapter 25 Murals
S
ections:

5.25.010 Purpose.

5.25.020 Definitions.

5.25.030 Location of murals.

5.25.040 Criteria for design of murals.

5.25.050 Mural design review.

5.25.060 Fees for mural project permit.

5.25.070 City council approval.

5.25.080 Enforcement—Penalties.

5.25.010 Purpose.

It is the intent of the City Council, for purposes of promoting the local economy, tourism, and for the aesthetics of the City of Ceres, to adopt this chapter regarding murals, their location, and design.

5.25.020 Definitions.

As used in this chapter, the following definitions shall apply:

ITEM 12

ATTACHMENT A
{CW139297.1}
A. “Downtown Ceres” means the area from the south of Whitmore Avenue to the north side of El Camino between the east side of 2nd Street and the west side of 6th Street.

B. "Mural" means a permanent picture, painting, or other artwork applied to and made integral with an exterior wall surface of a building, structure, fence, or garden wall and which contains no copy, lettering, symbols, or any references directly related to the promotion of any product, business organization, or commercial enterprise.

C. “Mural project permit” means a permit issued by the city to a private party authorizing the painting of a mural within the city.

5.25.030 Location of murals.

A. Areas established. Murals shall be located in two (2) areas of Ceres. Area One shall be located within Downtown Ceres only; Area Two shall be located within the remaining area of the City. The intent of the City Council is that murals be located in both Area One and Area Two, but the City Council encourages concentration of murals in the downtown area of Ceres. However, murals should not be denied in Area Two solely because the City Council intends to encourage concentration of murals in Area One.

5.25.040 Approved Murals.

A. Anyone wishing to construct a mural must obtain permission from the property owner before a mural project permit will be approved.

B. Mural design approval required—Permit issuance. Prior to the painting, installation and execution of a mural, an application for a mural project permit must be submitted for review and approval by the City Manager or his/her designee

C. Mural design amendment —Approval required. Prior to amending a mural design (whether painted or not yet painted) that has been approved by the City Manager, an application for an amendment of the mural project permit shall first be approved by the Community Development Director or his/ her designee. Upon approval, the mural project permit shall be amended.

D. Murals constructed prior to the effective date of this Chapter are not required to submit an application for a mural project permit, but an application for an amendment of a mural project permit must be submitted for review and approval by the Community Development Director or his/her designee prior to amending any existing mural design.

ITEM 12

ATTACHMENT A
{CW139297.1}

5.25.050 Criteria for design of murals.

The City encourages mural subject matter that is of historical significance to the growth and development of the City and its surrounding environs.

The following criteria shall apply to the design of murals submitted for approval:

A. The paint to be used and applied shall be appropriate for use in an outdoor locale and for an artistic rendition and shall be of a permanent, long-lasting variety that is safe to the public.

B. The mural shall be designed and painted by qualified mural artists with sufficient knowledge in the design of such projects and the application of paints for such projects.

C. The mural shall not contain moving structural elements, flashing or sequential lights, lighting elements, or other automated methods resulting in movement.

D. The mural shall not pose a potential traffic hazard.

E. The mural shall not contain any reference to or promotion of products, businesses, or commercial enterprises.

F. The mural shall not contain any obscene content.

The City Council may, from time to time, by resolution, adopt additional criteria and guidelines for the design of murals.

5.25.060 Mural design review.

All applications for mural project permits shall be referred to the City Manager or his/her designee for design review and comment. City staff may offer suggestions and recommendations to the applicant to assist in the decision-making process.

5.25.070 Fees for mural permit.

Application Fee and/or Permit Issuance. Each application for a mural project permit shall be accompanied by a mural project permit fee as established by City Council resolution from time to time.

5.25.080 Enforcement—Penalties.

Violations of this chapter shall be enforced consistent with Title 19, Code Enforcement, of the Ceres Municipal Code.

ITEM 12

ATTACHMENT A
{CW139297.1}
SECTION 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.

SECTION 3 . E
ffective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

T
his Ordinance was introduced at a regular meeting of the City Council held on the 22 nd day of July , 2024, and passed and adopted as Ordinance No. 2024-XXXX at a regular meeting of the City Council held on the 12th day of August, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

__________________________
Javier Lopez, Mayor
ATTEST:

___________________________
Fallon Martin, City Clerk

ITEM 12

ATTACHMENT B
{CW139299.1}

CITY OF CERES

NOTICE OF PUBLIC HEARING
NOT
ICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing for an Ordinance, which will be Introduced for First Reading on Monday, July 22, 2024, at 6:00 p.m. and will be considered for adoption on August 12, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 2701 Fourth Street, Ceres, CA to consider the following:

To r
eceive and consider all evidence and reports relative to adoption of an Ordinance of the City Council of the City of Ceres adding Chapter 25, Murals, of Title 5 , Business Licenses and Regulations, to the Ceres Municipal Code.

The
purpose of the public hearing is to receive public comments on the proposed additions to the Ceres Municipal Code as outlined in the proposed ordinance. The proposed Chapter 25, Murals, provides guidelines for the location and design of murals within the City of Ceres. The proposed Chapter 25, Murals, also provides procedures for the application and approval of mural project permits, which will be required for murals within the City of Ceres that are constructed or amended after the effective date of th e Ordinance.

Al
l Interested parties are invited to attend the public hearing and provide comments o n the proposed Ordinance. Public comments may be submitted by emailing [email protected] by 4:00 p.m. on the date of the hearing or verbally at the hearing.

Fur
ther information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street, Ceres, CA 95307 during regular business hours or by telephone at (209) 538-5731.

If
a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres at, or prior to, the public hearing.
/s
/ Fallon Martin, City Clerk
Date Notice Posted: July 10, 2024
ITEM 12
ITEM 12

COUNCIL AGENDA REPORT

To consider Councilmember Martin ez’s referral request to amend the Bertolotti Franchise Agreement related to the Leaf & Limb Program.

I. BACKGROUND:

Councilmember Martin ez made a referral request to the City Council to consider amending the Bertolotti Franchise Agreement related to the Leaf & Limb Program .

Currently the Leaf & Limb Program takes place during the fall. Councilmember Martinez would like to see that changed to the spring.

The purpose of this agenda item is to provide the opportunity for the City Council to consider this request and provide direction to City staff.

If the City Council wishes to proceed with staff researching whether the Bertolotti Franchise Agreement can be amended relating to the Leaf & Limb Program , staff will bring back an agenda item for Council to take action.

II. REASONS FOR RECOMMENDATION:

N/A
III. FISCAL IMPACTS:

N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
ITEM 13
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Depending on Council direction, staff will prepare an item for a future agenda.

Approved by: ____________________
Douglas D. Dunford,
City Manager
ITEM 13

Ceres City CouncilJuly 22, 2024

Ceres City Council
July 22, 2024