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Agenda Item No. 5(E) 1 ORDINANCE 2013–01 AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING EL CERRITO MUNICIPAL CODE SECTION 19.35.020, TEMPORARY USES, TO ALLOW GREATER FLEXIBILITY FOR ENTERTAINMENT, RECREATIONAL AND LEISURE VENUES, PARTICULARLY IN THE FORM OF SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 19.35.020 B. 2. of the El Cerrito Municipal Code is hereby amended with the following additions and deletions to read as follows (additions in underline, deletions in strikethrough) : B. Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Subsection C. 2. Events. Events on nonresidential property including the following: City Hall. Any temporary activities conducted at City Hall. City-sponsored Events. Any temporary activities conducted sponsored by the City, unless the Zoning Administrator determines a Temporary Use Permit is necessary to effectuate the purposes of this chapter. SECTION II. Section 19.35.020 C. 2. of the El Cerrito Municipal Code is amended with the following additions and deletions to read as follows (additions in underline, deletions in strikethrough): C. Temporary Use Permit Required. A temporary use permit shall be required for the following types of temporary uses: 2. “ a. Arts and crafts shows, auctions, civic and community events, fairs, farmers' markets, festivals, flea markets, food events, recreation events, rummage sales, second hand sales, street fairs, and swap meets for 10 consecutive days or less, or five two-day weekends, for up to within a 12 months period.” SECTION III. This ordinance is adopted pursuant to the procedures established by state law, and all required notices have been given, and the public hearing has been properly held and conducted. SECTION IV. This ordinance shall take effect and be enforced thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof, the ---PAGE BREAK--- Agenda Item No. 5(E) 2 ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect. The foregoing ordinance was introduced at a regular meeting of the City Council on April 2, 2013 and passed by the following vote: AYES: Councilmembers Abelson, Benassini, Bridges, Friedman and Mayor Lyman. NOES: None ABSENT: None Adopted and ordered published at a regular meeting of the City Council held on the April 2013 and passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Gregory B. Lyman, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on April 2013. Cheryl Morse, City Clerk