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ORD 115 ORDINANCE NO.115 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING ORDINANCE NO., 109U AND REGULATING STOCK COOPERATIVE HOUSING, AND AMENDING REGULATIONS FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY WITHIN THE CITY OF RANCHO PALOS VERDES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. On October 3, 1978, the City Council enacted Ordinance No. 109 U placing a moratorium on the construction, erection, creation, development or approval of any stock cooperative housing project in the City of Rancho Palos Verdes. Section 2. The purpose of said moratorium was to maintain the existing status of housing within the City until such a time as a study could be completed of the impact the construction, erection, creation and development of stock co- operative housing would have on city services, housing, environmental conditions, and land use within the City due to the different demands that stock cooperatives as compared to rental apartments place on the City. Section 3. That a Negative Declaration was issued for the project and the Council has considered the contents of the Initial Study. Section 4. On December 26, 1978, the Planning Department of the City of Rancho Palos Verdes presented its completed study of the impact of stock coopera- tives on the City to the Planning Commission. The study concluded that stock cooperatives place similar demands on the City as condominiums, as distinct from rental apartments, and should be subject to the same conditions, restrictions and requirements as condominiums. Section 5. On December 26, 1978, the Planning Commission, following a duly noticed public hearing at which evidence, both written and oral, was duly presented to and considered by said commission, recommended to the City Council that the Rancho Palos Verdes Municipal Code be amended so as to adopt the con- clusions of the Planning Department study. Section 6. On January 16, 1979, the City Council held a duly noticed public hearing to consider whether to amend the Municipal Code of the City of Rancho Palos Verdes as recommended by the Planning Commission. Evidence, both written and oral, was presented to and considered by the City Council at said hearing. Section 7. The City Council concurs with the recommendations of the Planning Commission and hereby orders that the Municipal Code of the City of Rancho Palos Verdes be amended as follows: 1. Article IX, Chapter 1, Part 2, Section 9122, Subsection A of the Rancho Palos Verdes Municipal Code is amended to read: A. Condominium, stock cooperative and similar developments where the structure and/or lot is divided for sale, or where exclusive use of a unit is granted to an individual or individuals upon purchase of stock. 2. Article IX, Chapter 1, Part 2, Section 9123, Subsection F of the Rancho Palos Verdes Municipal Code is amended to read: F. Condominiums, stock cooperatives and similar developments. In addition to the other standards of this Part, the follow- ing standards shall apply: 1. There shall be no more than one unit in any vertical configuration. 2. A condominium, stock cooperative or similar develop- ment conversion proposal which does not comply with all of the precise develop- ment standards in this part may be approved where the Commission finds that there are unusual circumstances regarding the development's location, site, or configuration, that the project is in substantial compliance with the develop- ment standards, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purposes of this Part. Recognizing that the conversion of existing multiple residential structures to condominium, stock cooperative or similar development usage presents unique problems with respect to the requirements of this Section, the Planning Commis- sion is empowered to vary any and all requirements contained herein with regard to a particular conversion proposal upon a finding that the creation of the proposed condominium, stock cooperative or similar development will not have the potential to contravene the intent and purposes of this Part. Project charac- teristics of critical importance in determining whether or not a proposed con- version has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following: park- ing, sound transmission characteristics, private open space, storage spaces. The Planning Commission is also empowered to impose conditions on its approval of the conditional use permit which would require that specified modifications, designed to bring a structure more nearly into compliance with the condominium, stock cooperative and similar development standards contained herein, be made to the structure proposed for conversion. 3. Article IX, Chapter 1, Part 4, Section 9140 of the Rancho Palos Verdes Municipal Code is amended to read: 9140 PURPOSE This Section provides supplemental development standards which shall apply to all residential structures which are constructed with common walls and/or floor/ceiling assemblies (attached single family, multiple family, condominiums, stock cooperatives, etc.) . 4. Article IX, Chapter 1, Part 4, Section 9141, Subsection A. Subpart 5 of the Rancho Palos Verdes Municipal Code is amended to read: 5. All common wall assemblies which separate all other attached dwelling units (multiple family, condominiums, stock cooperatives) or a dwelling unit and a public or quasi-public space shall be of a staggered stud construction. 5. The Glossary Section of the Rancho Palos Verdes Municipal Code is amended so as to include the following definition in the appropriate place: Stock Cooperative. Stock cooperative shall mean corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the share- holders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occu- pancy. 6. Article IX, Chapter 6, Part 7, Section 9672, Subsection D of the Rancho Palos Verdes Municipal Code is amended to read: D. Location. All signs shall be erected upon the premises occupied by the person or business sought to be identified by such signs. No signs shall be erected in the public right-of-way unless authorized by the Director of Planning, pursuant to guidelines adopted by Resolution of the City Council. Section 8. This ordinance shall take effect and be in full force 30 days after the passage and adoption thereof, at which time Ordinance 109 U shall be repealed. Page Two Ordinance No.115 PASSED, APPROVED and ADOPTED this 6th day of February, 1979. by the following vote: AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA NOES: NONE ABSENT: NONE OR ATTEST: LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL 11. ..d 2' 1. (4, 4011 , it y Yr erk I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 6th day of February, 1979; that thereafter the said ordinance was duly adopted at a meeting of the City Council on the 6th day of February, 1979. /7/.1.6.1- -0 Jlirkf'-'41 . / "' 46- Leonard G. Wo• , /ity C A rk and, Ex Officio Cl-rk of the Council III Page Three Ordinance No. 115 "1-7N. r 1. J°4 -yam KANCH PALOS VERDES STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING COUNTY OF LOS ANGELES ) SS 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 Rancho Palos Verdes, California: That on the 13th day of February , 19 79 , -he/she caused to be posted in three conspicuous places , as required by law, Ordinance No. 115, which regulates Stock Cooperatives & Signs in Public Right-Of-Way. a copy of which is attached hereto, in the following public places in the City: CITY HALL RANCHO PALOS VERDES 30940 HAWTHORNE BOULEVARD LOS ANGELES COUNTY FIRE DEPARTMENT MIRALESTE STATION 4000 MI BALE S TE PLAZA RANCHO PALOS VERDES CALIFORNIA 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, çi CLERK & EX OFFICIO CLERK OF THE COUNCIL wwwr I,/ J, • J/ aA • f IT ;FR I< 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA 90274/(213)377.0360