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