Loading...
ORD 113 ORDINANCE NO. 113 AN INTERIM ZONING ORDINANCE OF THE CITY OF RANCHO PALOS VERDES CREATING A MORATORIUM ON THE CONSTRUCTION, ERECTION, CREATION OR DEVELOPMENT OF ANY STOCK COOPERATIVE HOUSING WITHIN THE CITY OF RANCHO PALOS VERDES WHEREAS, on October 3, 1978 the City Council of the City of Rancho Palos Verdes adopted Ordinance No. 109U imposing a moratorium on the construction, erection, creation or development of any stock cooperative housing within the City of Rancho Palos Verdes,pending study by the City staff and Planning Commission, and WHEREAS, said study by the Staff and Planning Commission has not been completed, and will not be completed prior to the expiration of Ordinance 109U on February 3, 1979, and • WHEREAS, it is the intention of the City Council to extend said moratorium as provided by law until the completion of said study. Now, therefore, 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 interim 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. 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. No person shall convert, construct, erect,create or develop any stock cooperative in the City without the approval of the City Council. All departments, commissions, boards and agencies of this City are hereby ordered not to grant any sort of approval, whether discreationary 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 in- consistencies and no further, are hereby suspended for the type of con- struction and development described herein during this moratorium. Section 7. If any provision of this ordinance is held to be un- constitutional 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 remainder be given full force and effect. Section 8. The City Council may grant an exemption from the pro- visions 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; and 2. That there are exceptional circumstances or con- ditions applicable to this condominium project that do 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 ordinanoeis declared to be an emergency interim zoning 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, as set forth in the findings above. Section 10. This ordinance shall take effect and be in full force on February 1, 1979, thirty days after the passage and adoption thereof, and shall remain in effect until October 1, 1979, at which time it shall be of no further effect and shall be deemed repealed. PASSED, ADOPTED and APPROVED this 2nd • day of January, 1979, by the following vote: AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA NOES: NONE ABSENT: NONE 4.■ MAYO'/ ATTEST: LEONARD G. WOOD, CITY AND EX OFFICIO CLERK OF THE COUNCIL 4r CIT CLERK I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 2nd day of January, 1979; that thereafter the said ordinance was duly adopted at a meeting of the City Council on the 2nd day of January, 1979. 4, 7, Jo A LEONARA Gor7r4 , 4r,rz CL RK AND EX OFFICI4 CLERK OF THE COUNCIL Ordinance No. 113 - b 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, he/she was and now is the duly qualified and acting Deputy City Clerk of the City of y Rancho Palos 1 a os Verdes, California: That on the 5th day of January 1 - 79 Y f 9 41-els-he caused to be posted in three conspicuous places as required by law, Ordinance No . 113 - Moratorium on Development of Stock Cooperative a copy of which is attached heretoin th following g P P ollowin 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 Agivi*:{41 _ ep ty Ai rk