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PC RES 1978-054RESOLUTION P.C. NO. 78- 54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL OF SAID CITY AMENDMENTS TO THE MUNICIPAL CODE FOR THE REGULATION OF STOCK CO- OPERATIVE -HOUSING AND SIGNS IN -THE PUBLI'C_RICHT- OF-WAY WITHIN THE CITY OF RANCHO PALOS VERDES THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETER- MINE, AND RECOMMEND 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 cooperative 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 Planning Commission 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 cooperatives 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 condo- miniums. 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, concurred with the conclusions of the Planning De- partment and hereby recommends to the City Council that the Rancho Palos Verdes Munici- pal Code 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 following standards shall apply: 1. There shall be no -,.more than one unit in any vertical con - figuration. 2. A condominium, stock cooperative or similar development conversion proposal which does not comply with all of the precise development standards in this part may be approved where the Commission finds that there are unusual circum- stances regarding the development's location, site, or configuration, that the project is in substantial compliance with the development standards, and that there are mitigat- ing 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 condo- minium, stock cooperative or similar development will not have the potential to contra- vene the intent and purposes of this Part. Project characteristics of critical impor- tance in determining whether or not a proposed conversion has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following: parking, 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 modifi- cations, 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: • !- �-.- a M 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 coopera- tives, 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 and similar develop- ment) 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 shareholders 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 occupancy. 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 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of the same to the City Council. PASSED, APPROVED and ADOPTED this 26th day of December 1978. 1 Sharon W. Hightower Director of Planning and Secretary to the Commission Page Two Resolution P.C. No. 78-54