ORD 109U ORDINANCE NO. 109 U
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES CREATING A
MORATORIUM ON THE CONSTRUCTION, ERECTION,
CREATION OR DEVELOPMENT OF ANY STOCK CO-
OPERATIVE HOUSING WITHIN THE CITY OF
RANCHO PALOS VERDES AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:
Section 1: A moratorium is hereby placed on the construction, erection,
creation, development or approval of any stock cooperative housing project in
the City of Rancho Palos Verdes.
Section 2: It is the intent of the City of Rancho Palos Verdes for purposes
of this emergency zoning ordinance to treat stock cooperative housing projects
differently from apartment building projects (and similar structures) due to the
different demands that the two types of projects place upon the City. This
moratorium is necessary for the City to complete its studies on the impact of
conversion of rental apartments to stock cooperatives. Permitting conversion
of rental apartments to stock cooperatives during such study period would have
a substantial adverse impact on the mix of housing stock in the City.
Section 3: For purposes of this ordinance, a stock cooperative housing project
shall be as defined in Section 17265 of the Revenue and Taxation Code of the State
of California and Section 216 of the United States Internal Revenue Code.
Section 4: This Council finds and determines that this moratorium must be
imposed in order to preserve the public health and safety of all prospective
buyers or renters of such stock cooperative housing projects as are affected
in general or by this ordinance, as well as to protect all the citizens of Rancho
Palos Verdes by preserving and improving the aesthetic and environmental conditions
of their City.
Section 5: All departments, commissions, boards and agencies of this City
are hereby ordered not to grant any sort of approval, whether discretionary or
ministerial, which is otherwise required, to any stock cooperative housing project
as defined herein, during the period of this moratorium.
Section 6: Any provision of the Rancho Palos Verdes Municipal Code or
appendices thereto inconsistent herewith, to the extent of such inconsistencies
and no further, are hereby suspended for the type of construction and develop-
ment described herein during this moratorium.
Section 7: If any provision of this ordinance is held to be unconstitutional
by any court'of competent jurisdiction, it is the intent of the City Council that
such portion of such ordinance be severable from the remainder and that the re-
mainder be given full force and effect.
Section 3: The City Council may grant an exemption from the provisions of
this moratorium ordinance upon recommendation of the Planning Commission, subject
to a finding of the following:
1. The strict application of the provisions of the
moratorium to a particular stock cooperative
housing project would result in practical dif-
ficulty and unnecessary hardships inconsistent
with the general purpose of the moratorium;
2. That there are exceptional circumstances or con-
ditions applicable to this stock cooperative
project that does not apply generally to the other
projects covered by this moratorium; and
3. That the granting of an exemption would not be
materially detrimental to the public welfare
as defined above.
Section 9: This ordinance is declared to be an emergency measure adopted
pursuant to the provisions of Section 65858 of the California Government Code
and is necessary for preserving the public peace, health and safety, and for
the urgency for its adoption is set forth in the findings above.
Section 10: This ordinance shall take effect and be in full force
immediately after the passage and adoption thereof and shall remain in
effect until February 3, 1979, at which time it shall be of no further
effect and shall be deemed repealed.
PASSED, ADOPTED AND APPROVED this 3rd day of October, 1978, by the following vote:
AYES: RYAN, BUERK, SHAW, HEIN & MAYOR DYDA
NOES: NONE
ABSENT: NONE
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:„aor , MAYO'
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
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1 do hereby certify that the foregoing ordinance was duly and regularly
introduced at a meeting of the City Council on the 3rd day of October, 1978;
that thereafter the said ordinance was duly adopted at a meeting of the City
Council on the 3rd day of October, 1978.
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LEONARD G. WOOD, ` ITY ' AN►1
EX OFFICIO CLERK OF 'E COUNCIL
ORD. NO. 109U Page Two
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 duly qualified and acting Deputy City Clerk of the City of
Rancho Palos Verdes, California:
That on the 51 day of October 1978 ,41p/she
caused to be posted in three conspicuous places , as required by law,
ORDINANCE NO._10 9 U MORATORIUM ON COOPERATIVE HOUSING CONVERSION ,
a copy of which is attached hereto in the following public places in
the City:
1. . City Hall
Rancho Palos Verdes
California
2, Los Angeles County Fire Department,
Miraleste Station
4000 Miraleste Plaza
Rancho Palos Verdes
California
3. Ridgecrest Intermediate School
28915 Northbay Road
Rancho Palos Verdes
California
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting.
LEONARD G. WOOD, City Clerk
City of Rancho Palos Verdes
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