PC RES 1994-037P.C. RESOLUTION NO. 94-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING
ADOPTION OF CODE AMENDMENT NO. 39 TO THE CITY
COUNCIL TO ALLOW MODIFICATIONS TO CHAPTER
17.68 OF THE DEVELOPMENT CODE REGARDING THE
REBUILDING OF NON -CONFORMING STRUCTURES
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(B) and 17.68.080 to allow existing structures
with non -conforming zoning to be rebuilt to their present level of
development in the event of an involuntary disaster; 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 Government Code Section 150613; and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held on
August 23, 1994, at which time all interested parties were given an
opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION 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, or building
appurtenances 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 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,
particularly since the general plan acknowledges that the
feasiblity of of more moderate density within areas of the City
bearing this property's zoning designation is not likely.
Section 7: For the foregoing reasons and based upon the facts
contained, in this Resolution, in the Staff Report, minutes, and
other components of the legislative record, and in the public
comments received by the Planning Commission, the Planning
Commission hereby recommends that the City Council adopt Code
Amendment No. 39, in accordance with the attached Exhibit "A."
PASSED, APPROVED, AND ADOPTED this 23rd day of August 1994.
N
Bret B/ Berr)&rd,
Director of Plann
Code Enforcement;
to the Commission
AI
Vg, Building and
and, Secretary
-7
Gilbert Alberio,
Chairman
P C Resolution No. 94-37
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•
EXHIBIT "All
•
CODE AMENDMENT 39
DEVELOPMENT CODE CHAPTER 17.68
RIDGEGATE HOMEOWNERS ASSOCIATION, INC.
The Planning Commission recommends that Development Code Chapter
17.68 should be amended as follows:
(Note: Proposed deletions are represented by strike -through text;
proposed additions are bold and underlined.)
Section 17.68.060(B): Any nonconforming structure which is
damaged through an involuntary disaster or Act of God 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. In the case where several
single-family residential dwelling units are clustered
together through the use of common walls, the replacement
value of the structure shall take into consideration the value
of the entire building in which these units are housed.
Section 17.68.080: Any nonconforming building or structure or
any building or structure continuing a nonconforming use which
is damaged or partially destroyed by an involuntary disaster
or Act of God may be restored to the condition in which it was
immediately prior to the occurrence of such damage or
destruction, provided:
A. That all such reconstruction shall be started within one
year from the date of damage and be pursued diligently to
completion; and
B. That reconstruction shall not extend the termination date
of such nonconforming building or struct[ure] specified
in this chapter.
DJ31 CODE39 RES
P.C. Resolution No 94-37
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