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ORD 535ORDINANCE NO. 535 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE TO RESTRICT THE NUMBER OF GARAGE SALES ON A RESIDENTIAL PROPERTY (Z0N2012..00036). WHEREAS, on January 17, 2012, the City Council authorized the initiation of a code amendment to add language to the City's Municipal Code (Chapters 17.02, and 17.04) to restrict the number of garage sales on residential properties within the City; and WHEREAS, on January 26, 2012, a notice of a public hearing on the proposed amendments to Chapters 17.02 and 17.04 of the Municipal Code was published in the Palos Verdes Peninsula News; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 14, 2012, at which time Staff presented the proposed language to amend the Municipal Code to restrict the number of garage sales on a residential property and all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, on February 14, 2012, the Planning Commission adopted Resolution No. 2012 -04, thereby recommending that the City Council not adopt an Ordinance amending Title 17 of the City's Municipal Code to restrict the number of garage sales on a residential property; and WHEREAS, on March 15, 2012, a notice of public hearing was sent to all interested parties informing them of this proposed code amendment; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act Public Resources Code Sections 21000 et seq. ( "CEQA "), the State's CEQA Guidelines, California Code Regulations, Title 14, Section 15000 et seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City determined that there is no substantial evidence that the code amendment would result in a significant adverse effect on the environment. Accordingly, Addendum No. 4 to the Negative Declaration, which was prepared in conjunction with the adoption of Ordinance 510, was prepared; and, WHEREAS, on April 3, 2012 the City Council held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1: The City Council has reviewed and considered the proposed amendments to Section 17.02.020 (Single Family Residential Districts), Section 17.04.020 (Multiple - Family Residential Districts), and Chapter 17.96 (Definitions) of the Municipal Code, which would regulate the number of garage sales allowed on single - family and multi - family residential property. Section 2: The City Council has reviewed Addendum No. 4 for an environmental assessment in conjunction with the proposed code amendment to revise Sections 17.02, 17.04, and 17.96 of the Development Code to add language to the Development Code to restrict garage sales and determined that a new Negative Declaration is not required for this revision because the proposed amendments will not result in any new significant environmental effects. Section 3: Section 17.02.020 of Chapter 17.02 (Single Family Residential Districts) of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to add new paragraph L regarding garage sales to the section that lists the uses permitted in Single Family Residential Districts and renumbering existing paragraphs L and M as M and N to read as follows (strikethrough text for language removed, and bold and underlined text for new language): 17.02.020 Uses and development permitted L. Garage sales, provided that no more than four sales, each occurring on one calendar day, are held on the same property within a calendar year and that the merchandise for sale, with the exception of neighbors combining items for sale at one property, is the personal property of the resident of the property where the sale is being conducted and is not acquired or consigned for the purpose of resale. h. M. Any other use which specifically is required to be permitted in a single family residential district by state or federal law; and M. N. Other uses as provided in any applicable overlay or special district. Section 4: Section 17.04.020 of Chapter 17.04 (Multi Family Residential Districts) of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to add a new paragraph H regarding garage sales to the section that lists the uses permitted in Multi Family Residential Districts and renumbering existing paragraph H as paragraph Ito read as follows (strikethrough text for language removed, and bold and underlined text for new language): 17.04.020 Uses and development permitted H. Garage sales, provided that no more than four sales, each occurring on one calendar day, are held on the same property within a calendar year and that the merchandise for sale, with the exception of neighbors combining items for sale at one property, is the personal property of the resident of the property where the sale is being conducted and is not acquired or consigned for the purpose of resale. H.I. Other uses as provided in any applicable overlay or special districts. Section 5. Chapter 17.96 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to add new Section 17.96.765 thereto to read as follows: 17.96.765 Garage Sale "Garage Sale" means the sale of personal property held in the garage, yard, or other outdoor area of a private single - family residence or multi - family residence by the owners, tenants or occupants thereof. Ordinance No. 535 Page 2 of 3 Section 6: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 7: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posing of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Section 8: This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the 31st day after its passage. PASSED, APPROVED, AND ADOPTED this 17th day of April, 2012. Attest : City -Clerk State of California County of Los Angeles City of Rancho Palos Verdes ) ss I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 535 passed first reading on April 3, 2012, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on April 17, 2012, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich NOES: None ABSENT: None ABSTAIN: None FA/7 City Clerk Ordinance No. 535 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) RANCHO PALOS VERDES AFFIDAVIT OF POSTING The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on April 19, 2012, she caused to be posted the following document entitled: ORDINANCE NO. 535, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE TO RESTRICT THE NUMBER OF GARAGE SALES ON A RESIDENTIAL PROPERTY (Z0N2012-00036), a copy of which is attached hereto, in the following locations: City Hall 30940 Hawthorne Blvd. Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Ladera Linda Community Center 32201 Forrestal Drive Rancho Palos Verdes certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. City Clerk W: \FORMS \Form 150 Archived Affidavits (old)Form 150 - Affidavit of Posting Ordinance No. 535.doc