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ORD 605 ORDINANCE NO. 605 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY EXPANDING THE DEFINITION OF A SHORT-TERM RENTAL TO INCLUDE COMMERCIAL USES, AND FINDING AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00486). WHEREAS, the City of Rancho Palos Verdes Municipal Code prohibits the operation of or advertisement for a short-term rental in a single-family and multi-family residential zoning district; WHEREAS, the City of Rancho Palos Verdes Municipal Code Section 17.96.1705 defines a short-term rental as"a rental of a dwelling unit or part of a dwelling unit to visitors where lodging is furnished for compensation for a period of less than 30 days, except as allowed by Section 17.76.140 (Bed and Breakfast Inns)"; WHEREAS, on November 8, 2017, the City Council initiated code amendment proceedings to expand the definition of a short-term rental to include certain commercial activities and adopted Urgency Ordinance No. 604U to preserve the public health, safety and welfare while such proceedings were pending; WHEREAS, on December 14, 2017, a Public Notice was published in the Peninsula News, providing notice of a public hearing before the Planning Commission on January 9, 2018; WHEREAS, on January 9, 2018, the Planning Commission conducted a duly noticed public hearing on this Ordinance and adopted P.C. Resolution No. 2018-03, recommending that the City Council adopt the same; WHEREAS, on January 18. 2018, a Public Notice was published in the Peninsula News, providing a notice of a public hearing before the City Council on February 6, 2018; WHEREAS, on February 6, 2018, the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony was received was made a part of the public record; WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2018-03, written Staff Reports, and any testimony provided at the public hearing. WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Rancho Palos Verdes makes the following findings: A. The City Council has determined that the short-term rental of residential properties in the City for the purposes of hosting weddings, banquets, parties and events presents quality of life impacts to the City's residents, as such rentals generate adverse impacts on residential neighborhoods, such as noise, traffic, trash, and crime. B. The City has a compelling interest in protecting the public health, safety and welfare of its citizens, visitors, and businesses in preserving the residential character and quiet enjoyment of the neighborhoods within the City. C. The City Council finds that the proposed amendment to Title 17 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans. Specifically, the Code Amendment will preserve the rural and open character of the City by prohibiting commercial events in residential neighborhoods. D. The City Council finds that the amendment to Title 17 is necessary to preserve the public health, safety and general welfare in the City's Residential Zoning Districts. E. The City Council finds that the proposed amendment is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) and Government Code Section 65962.5(f). Section 15061 states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Code Amendment is exempt because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The adoption of the proposed zoning text amendment is an action that does not have the potential to cause significant effects on the environment, but rather will clarify prohibited uses of residential properties in the City. Section 2. Section 17.96.1705 (Short-Term Rental) of Chapter 17.96 (Definitions) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: 17.96.1705 - Short-Term Rental "Short-term rental" means a rental, for compensation, of all or any part of any lot or dwelling unit to visitors for(a) any event or gathering including, but not limited to weddings, banquets, and parties, or (b) for lodging for a period of less than 30 days, in either case except as allowed by Section 17.76.140(Bed and Breakfast Inns), or as may be expressly permitted by the City. "For Compensation" includes, but is not limited to, rental of the property for money, goods, or services, as well as in-kind exchanges of goods, services, or premises. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person Ordinance No.605 Page 2 of 3 or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. Certification and Posting. 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 posting 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. Section 5. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. PASSED, APPROVED AND ADOPTED this 20th day of February 2018. ayor Attest: own lerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 605 passed first reading on February 6, 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on February 20, 2018, and that the same was passed and adopted by the following roll call vote: AYES: Alegria, Cruikshank, Duhovic, D, o a and Mayor Brooks NOES: None ABSENT: None ABSTAIN: None Nftwoig lerk Ordinance No.605 Page 3of3 Lit,, , ,, z, CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on February 22, 2018, she caused to be posted the following document entitled: ORDINANCE NO. 605, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.96(DEFINITIONS)OF TITLE 17(ZONING)OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY EXPANDING THE DEFINITION OF A SHORT-TERM RENTAL TO INCLUDE COMMERCIAL USES, AND FINDING AN EXEMPTION FROM CEQA(CASE NO.ZON2017-00486),a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. 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