ORD 302 ORDINANCE NO. 302
AN ORDINANCE OF THE CITY OF RANCHO PALOS
I/ VERDES AMENDING SECTION 17. 68 OF THE
DEVELOPMENT CODE TO ALLOW THE RECONSTRUCTION
OF DAMAGED, NON-CONFORMING MULTI-FAMILY
STRUCTURES IN NON-CONFORMING RESIDENTIAL ZONES
(ZONE CHANGE NO. 39)
WHEREAS, on May 17, 1994, the City Council initiated Code
Amendment No. 39, at the request of Ridgegate Homeowners
Association (hereafter "Ridgegate") , to modify Development Code
Sections 17. 68. 060 and 17. 68.060 (E) to allow existing structures
with non-conforming zoning to be rebuilt to their present level of
development in the event that the structure is damaged; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, Public Resource Code Sections 21000 et
seq. ("CEQA") , the State's CEQA Guidelines, California Code of
Regulation, Title 14, Section 15000 et seq. , the City's Local CEQA
Guidelines, and Government Code Section 65952 .5 (e) (Hazardous Waste
and Substances Statement) there was no substantial evidence that
Code Amendment No. 39 would have any effect on the environment.
Accordingly, the proposed Code Amendment has been found to be
exempt pursuant to Public Resources Code Section 15061(b) (3) ; and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, public hearings were held
before the Planning Commission on August 23, 19 9 4, and October 25,
1994, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, public hearings were held
regarding introduction of an Ordinance amending Municipal Code
Chapter 17. 68 before the City Council on September 20, 1994, and
November 15, 1994, at which time all interested parties were given
an opportunity to be heard and present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed Code Amendment would not result
in any adverse environmental impacts, since no physical changes to
existing developments are proposed.
Section 2 : That the proposed Code Amendment would not result
in any expansion of existing non-conformities, since it would only
allow rebuilding to existing levels of development.
Section 3: That the proposed Code Amendment would not result
in the change of any existing non-conforming use in non-conforming
zones.
Section 4: That the proposed Code Amendment would not result
in the alteration of any development standards for structures
currently in existence.
Section 5: That the proposed Code Amendment would provide a
public benefit by allowing existing non-conforming structures to be
rebuilt to their current levels of development in the event of a
natural disaster, and would allow property owners to obtain
financing and/or re-financing for their properties which might
otherwise not be attainable based on the hardship created by the
language of the existing Code.
Section 6: That the proposed Code Amendment would not be
contrary to the goals and policies of the general plan, because the
General Plan recognizes existing developments.
Section 7: Section 17. 68.060 of Title 17 of the Municipal
Code is hereby amended as follows:
Section 17. 68. 060 Nonconforming structures. Except for
single-family and multiple-family residences in residential
and commercial districts, all structures, including main
buildings, accessory buildings, walls, fences, and other
structures, which do not meet the height or setback standards,
or which result in open space less than required, or for which
the number of parking spaces provided is less than required,
are deemed to be nonconforming structures, and the following
provisions shall apply:
A. No physical change, enlargement, extension, or reduction
which increases the degree or extent of the nonconformity
shall be made.
B. Any nonconforming structure which is damaged may be
restored to original condition, provided that the cost of
such restoration does not exceed fifty percent of the
replacement value of the structure, as determined by the
director, and that the reconditioning must start within
one year from the date when the damage occurred.
C. Any nonconforming structure which does not require a
building permit and which has deteriorated or is damaged,
may be restored to original condition, provided that such
restoration does not pose a significant safety hazard, as
determined by the director, and that if the restoration
is necessary due to damage, that restoration must start
Ordinance No. 302
Page 2 of 4
within one year from the date the damage occurred. The
planning director shall be notified prior to the
restoration/replacement of any nonconforming structure.
D. The provisions of this chapter shall not apply to signs
I/ (see Chapter 17.52) .
E. Single-family and multiple-family residences in
residential and commercial districts may be restored to
original condition. Single family residences in single-
family residential districts may be expanded to conform
to the setback standards listed below:
Minimum Standards
Front Interior side Street side Rear
20 5 10 15
F. Through December 31, 2009, commercial buildings in the
commercial general (CG) district may be restored to
original condition in the event of destruction due to an
involuntary act. Such construction shall not extend the
amortization period for any such structure. (Ord. 194
§18, 1985; Ord. 187 §12, 1984; Ord. 158 §§4--6, 1982;
Ord. 78 (part) , 1975) .
Section 5: The City Clerk shall certify to the passage of the
Ordinance and shall cause this Ordinance to be published or posted
as required by law.
PASSED, APPROVED, AND ADOPTED ON this 29th day of Nov. , 1994.
Av
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ATTEST:
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TY CLERK
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF RANCHO PALOS VERDES }
Ordinance No. 302
Page 3 of 4
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council
of said City is five; that the foregoing Ordinance, being Ordinance
No. 302, passed first reading on November 15, 1994, was duly and
regularly adopted by the City Council of said City at an adjourned
regular meeting thereof held on November 29, 1994, and that the
same was passed and adopted by the following roll call vote:
AYES: BYRD, McTAGGART, LYON, BROOKS AND MAYOR KUYKENDALL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
• �� ==
CITY CLERK
DJ33:CODE39.ORD /bbb
Ordinance No. 302
Page 4 of 4
•
ORD. NO. 302
Al!
RANCHO PALOS VERDES
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 appointed City Clerk of the City of Rancho Palos Verdes;
That on December 1 , 1994 , she caused to be
posted the following document entitled:
AMENDING SECTION 17. 68 OF THE DEVELOPMENT CODE TO ALLOW THE RE-
CONSTRUCTION OF DAMAGED, NON-CONFORMING MULTI-FAMILY STRUCTURES
IN NON-CONFORMING RESIDENTIAL ZONES (ZONE CHANGE NO. 39)
a copy of which is attached hereto, in the following
locations:
City Hall Los Angeles County Fire Station
30940 Hawthorne Blvd. Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U . S . Post Office
28649 S . Western Ave. Ladera Linda Community Center
Rancho Palos Verdes 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd. Rancho Palos Verdes Park
Rancho Palos Verdes 30359 Hawthorne Blvd. ,
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting .
i 4,
Ar
1 L_
C TY CLERK
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360