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