CC RES 2012-027 RESOLUTION NO. 2012-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CERTIFYING ADDENDUM NO.4
TO THE NEGATIVE DECLARATION FOR ORDINANCE NO.
510, FOR A CODE AMENDMENT TO REVISE CHAPTERS
17.02, 17.04, and 17.98 OF THE MUNICIPAL CODE TO
REGULATE THE NUMBER OF RESIDENTIAL GARAGE
SALES.
WHEREAS, on June 1, 2010, the City Council adopted Resolution No. 2010-43,
thereby adopting a Negative Declaration for miscellaneous amendments to Title 17 of the
City's Municipal Code to enact the Residential Development Steering Committee Code
Amendment and Zone Change (Ordinance No. 510) and,
WHEREAS, on September 21, 2010, the City Council adopted Addendum No. 1 to
the certified Negative Declaration for Ordinance No. 510 and adopted Ordinance No.
513U, approving minor changes to Chapter 17.38 of the Development Code to correct the
omission of Specific Plan District VII, and to change the designation of specific plan
districts from numbered to descriptive titles; and,
WHEREAS, on November 15, 2011, the City Council adopted Addendum No. 2 to
the certified Negative Declaration for Ordinance No. 510 and adopted Ordinance No. 529,
approving miscellaneous "clean-up" code amendments to Title 17 (Zoning) of the City's
Development Code which clarified code language, removed code language discrepancies,
and codified existing policy procedures and/or application requirements; and,
WHEREAS, on February 7, 2012, the City Council adopted Addendum No. 3 to the
certified Negative Declaration for Ordinance No. 510 and adopted Ordinance No. 532
approving a change in the allowable movement of an open space hazard boundary line
from thirty feet to one hundred feet through the interpretation procedure; and
WHEREAS, on January 17, 2012, the City Council initiated a Code Amendment to
revise Municipal Code Chapter 17.02 and 17.04 to restrict the number of garage sales on
residential properties within the City; and
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, 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 and all interested parties were given an opportunity to be heard
and present evidence; and
WHEREAS, on February 14, 2012, the Planning Commission adopted P.C.
Resolution No. 2012-004, 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 held on a residential property; and
WHEREAS, on March 15, 2012 a notice of the public hearing was sent to all
interested parties informing them of this proposed code amendment; and
WHEREAS, on March 15, 2012, notice of the public hearing on the proposed
amendments was published in the Palos Verdes Peninsula News; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 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 for Ordinance No. 510, has been 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 DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Addendum No. 4 is for an environmental assessment in conjunction with
a code amendment to revise Chapters 17.02 (Single Family Residential Districts), 17.04
(Multiple-Family Residential Districts), and 17.96 (Definitions) of the Municipal Code that
would add code language to regulate the number of garage sales allowed on residential
properties.
Section 2: In approving Addendum No. 4 to the Negative Declaration for Ordinance
No. 510, the City Council has reviewed and considered the Addendum No. 4 document,
attached hereto and made a part thereof as Exhibit "A".
Section 3: The Addendum No. 4 identifies no new significant adverse environmental
impacts to the areas listed below:
1. Landform, Geology, and Soils
2. Hydrology and Drainage
3. Biological Resources
4. Cultural and Scientific Resources
5. Aesthetics
6. Land Use and Relevant Planning
7. Circulation and Traffic
8. Air Resources
9. Noise
10. Public Services and Utilities
11. Population, Employment and Housing
Resolution No. 2012-27
Page 2 of 3
12. Fiscal Impacts
Section 4: The Addendum No. 4 identifies that the proposed revisions will not result
in any significant environmental impacts, and the circumstances under which the code
amendment is being undertaken have not substantially changed since the CEQA
determination was made for the Negative Declaration adopted through Resolution No.
2010-43 for Ordinance No. 510.
Section 5: No new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the time the prior
Negative Declaration for Ordinance No. 510 was adopted, identifies a significant
environmental effect.
Section 6: All findings and attachments contained in Resolution No. 2010-43, as
adopted by the City Council on June 1, 2010 are hereby incorporated by reference.
Section 7: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure or any other applicable short period of limitations.
Section 8: For the foregoing reasons and based on the information and findings
contained in the staff reports, minutes, and evidence presented at the public hearings,the
City Council of the City of Rancho Palos Verdes hereby approves Addendum No. 4 to the
Negative Declaration for Ordinance No. 510, based on the City Council's determination that
the document was completed in compliance with the requirements of the California
Environmental Quality Act and State and local guidelines with respect thereto.
PASSED, APPROVED, and ADOPTED this 3rd of April 2012.
ayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012-27 was duly and regularly passed and adopted by the said City
Council at a regular meeting held on April 3, 2012.
City Clerk
Resolution No. 2012-27
Page 3 of 3
EXHIBIT “A”
(Addendum No. 4 to Negative Declaration)
Project Background:
On June 1, 2010 the City Council adopted Resolution No. 2010-43,
thereby adopting a Negative Declaration for miscellaneous amendments to Title 17 of the City’s
Municipal Code to enact the Residential Development Standards Steering Committee Code
amendment and Zone Change (Ordinance No. 510). Prior to its adoption, the Negative
Declaration was circulated for public comment from April 1, 2010, through May 1, 2010. In
adopting the Negative Declaration, the City Council found that: 1) the Negative Declaration was
prepared in the manner required by law and that there was no substantial evidence that the
approval of the Residential Development Standards Steering Committee Code Amendment and
Zone Change (Case No. ZON2007-00377) would result in a significant adverse effect upon the
environment; and 2) that the Residential Development Standards Steering Committee Code
Amendment and Zone Change were consistent with the Rancho Palos Verdes General Plan
and with the Coastal Specific Plan. On September 21, 2010, the City Council approved
Addendum No. 1 to the certified Negative Declaration (ND) and adopted Ordinance No. 513U to
make minor changes to Chapter 17.38 of the Development Code to correct the omissions of
Specific Plan District VII, and to change the designation of specific plan districts from numbered
to descriptive titles. On November 15, 2011, the City Council approved Addendum No. 2 to the
certified ND and adopted Ordinance No. 529, approving miscellaneous “clean-up” code
amendments to Title 17 (Zoning) of the City’s Development Code which clarified code language,
removed code language discrepancies, and codified existing policy procedures and/or
application requirements. Lastly, on February 7, 2012, the City Council approved Addendum
No. 3 to the certified ND and adopted Ordinance No. 532 approving a change in the allowable
movement of an open space hazard boundary line from thirty feet to one hundred feet through
the interpretation procedure.
Proposed Amendments:
The City is currently reviewing a code amendment to revise
Chapters 17.02 (Uses and development permitted in Single-Family Residential Districts) and
17.04 of the Development Code (Uses and development permitted in Multiple-Family
Residential Districts) to restrict the number of residential garage sales that is allowed on a
residential property.
Purpose:
This Addendum to the previously-certified Negative Declaration is being prepared
pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines,
which allows for the lead agency to prepare an addendum to an adopted Negative Declaration if
only minor technical changes or additions are necessary or none of the conditions described in
Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have
occurred. Pursuant to CEQA Section 15162, no subsequent Negative Declaration shall be
prepared for the project unless the lead agency determines, on the basis of substantial evidence
in light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project that will required major revisions of the
previous Negative Declaration due to the involvement of new, significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous Negative Declaration due
to the involvement of new significant environmental effects or a substantial increase in
the severity or previously identified significant effects; or,
Resolution No. 2012-27
Exhibit A
Page 1 of 2
3. New information of substantial importance identifies one or more significant effects not
discussed in the previous Negative Declaration, significant effects previously examined
will be substantially more severe than shown in the previous Negative Declaration,
mitigation measures or alternatives previously found not to be feasible or not analyzed in
the Negative Declaration would be feasible and would substantially reduce one or more
significant effects but the project proponents decline to adopt a measure or alternative.
Findings Regarding the Proposed Project Revisions:
Staff analyzed the proposed code amendment revision to Chapters 17.02, 17.04, and 17.96 to
determine if any impacts would result. The City Council has independently reviewed this item
and has determined that, pursuant to CEQA Guidelines Section 15162, a new Negative
Declaration is not required for this revision because the proposed amendments will not result in
any new significant environmental effects:
1. The proposed revisions do not result in any new significant environmental effects and,
like Ordinance No. 510 and 513U, no significant impacts have been identified. The
revisions to Title 17 (Zoning) do not present new significant environmental impacts
because they will restrict the number of garage sales on residential properties, which will
prevent the corresponding problems of disruption to residential neighborhoods due to
noise and increased parking on public streets. Therefore, the proposed revisions will not
result in new significant environmental impacts or a substantial increase in the severity
of any existing impacts.
2. The proposed revisions will not result in any significant environmental impacts. The
scope of the proposed revisions relate to minor modifications in the code language to
restrict garage sales in residentially zoned districts. There are no changes with respect
to the circumstances under which the code revisions are undertaken that will require
major revisions of the previous Negative Declaration.
3. No new information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the prior Negative
Declaration was adopted, identifies a significant environmental effect. Because the
proposed revisions would not result in any new or more severe environmental impacts
than those associated with Ordinance No. 510, there is no need for new or substantially
modified mitigation measures.
Therefore, pursuant to CEQA, the City Council finds that no further environmental review is
necessary other than the City Council’s adoption of this Addendum No. 4.
Resolution No. 2012-27
Exhibit A
Page 2 of 2