RPVCCA_CC_SR_2012_04_17_K_Code_Amendment_Residential_Garage_SalesMEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:.
Staff Coordinator:
COMMUNITY DEVELOPMENT DEPARTMENT
HONORABLE MAYOR &CITY CO~CILMEBERS
JOEL ROJAS,COMMUNITY DEV NT DIRECTOR
APRIL 17,2012
CODE AMENDMENT (CASE NO.ZON2012-00036)TO AMEND
CHAPTERS 17.02,17.04,and 17.96 TO REGULATE THE NUMBER
OF RESIDENTIAL GARAGE SALES ,....n
CAROLYN LEHR,CITY MANAGER l!.X--
Julie Peterson,Code Enforcement OfficercJf
RECOMMENDATION
Adopt Ordinance No.535,thereby memorializing the City Council's decision to revise
Sections 17.02.020 (Uses and development permitted in Single-Family Residential
Districts),Chapter 17.04.020 (Uses and development permitted in Multi-Family
Residential Districts),and Chapter 17.96 (Definitions)of Title 17 (Zoning)of the City's
Municipal Code to restrict the number of garage sales on residential properties to no
more than four garage sales within one calendar year.
DISCUSSION
On April 3,2012 the City Council introduced and reviewed a proposed code
amendment,initiated by the City Council on January 17,2012 and reviewed by the
Planning Commission on February 14,2012,to amend Chapters 17.02 and 17.04 of
the Municipal Code to regulate the number of garage sales allowed on residential
properties,and to add the definition of garage sales to Chapter 17.96.At Councilman
Knight's suggestion,the Council agreed to add language to clarify that neighbors can
combine their items for sale at one property,and that would still be considered one
garage sale on one property.This language has been added to both Sections
17.02.020 Land 17.04.02 H as follows (new language is shown as bold and
underlined text):
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.
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Staff recommends that the City Council adopt Ordinance No.535 amending the uses
and development permitted in the City to include having no more than four garage sales
at one residence in a calendar year.
ATTACHMENTS
•Ordinance No.535
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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 (ZON2012-00036).
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,
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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 Land 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 combing 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 I to 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.
M-!:.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.
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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 anyone 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 31 st day after its passage.
PASSED,APPROVED,AND ADOPTED this 17 th day of April,2012.
Mayor
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 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:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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