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HomeMy WebLinkAbout778 - OrdinancesORDINANCE NO. 778 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00296 AMENDING SECTION 17.08.030E OF THE DEVELOPMENT CODE TO ESTABLISH REGULATIONS GOVERNING THE OPERATION OF YARD SALES IN THE RESIDENTIAL ZONES; AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. The City Council determined that yard sales conducted in residential districts within the City of Rancho Cucamonga tend to cause increased traffic and noise that is disturbing to nearby residents. Such noise is more noticeable and disturbing when yard sales begin during early morning hours or when conducted on a recurring basis. 2. It is the intent of the City Council in adopting this Ordinance to enact responsible regulations permitting property owners and occupants reasonable opportunities to conduct legitimate yard sales, while minimizing adverse impacts of such sales on the adjoining residents. 3. On May 23, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning this manner and took action recommending adoption by the City Council of this Ordinance. 4. On June 20, 2007, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is hereby found, determined and ordained by the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: The facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment because the Ordinance will impose greater limitation on uses that may be conducted on developed properties in the City and will, thereby, serve to reduce potential significant adverse impacts. It is, therefore, exempt from the California Environmental Quality Act (CEQA), and the Guidelines thereunder, pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Ordinance No. 778 Page 2 of 3 SECTION 3: The proposed amendment is consistent and in conformance with the City's General Plan. SECTION 4: Section 17.08.030E, Chapter 17.08, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the new subsection 8 to read as follows: 8. Restrictions on Yard Sales. a. For purposes of this subsection 8, the term "yard sale" means a temporary sale of household items on residential premises. b. On any one parcel or lot in any residential zone, a yard sale may be conducted on one day, but not to exceed two consecutive days, in any six (6) month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m. c. Items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six (6) months or more on the same parcel or lot. d. A yard sale may only be conducted in a residential district. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Please see fhe /o/lawing page /or /ormal adoption, certification antl s/gnafures Ordinance No. 778 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 18`" day of July 2007. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None ~~~ ~~ Diane Williams, Mayor Pro Tem ATTEST: n ebra J. Ad m ,CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 20`h day of June 2007, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18`" day July 2007. Executed this 19"' day of July 2007, at Rancho Cucamonga, California. i ~~ De ra J. Ad s, CMC, City Clerk