PC RES 1994-052P.C. RESOLUTION NO. 94-52
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 "Ridgegatell) , 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 that the structure is damaged; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, Public Resources 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 150,61(b)(3); and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held
before the Planning Commission on August 23, 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, a public hearing was held
regarding introduction of an Ordinance amending Municipal Code
Chapter 17.68 'before the City Council on Spetember 20, 1994, at
which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, at the September 20, 1994 City Council meeting, the
City Council proposed further modifications to the proposed
language, and remanded said language to the Planning Commission for
review, analysis, and further recommendation; and,
y
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WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held
before the Planning Commission on October 25, 1994, at which time
all interested parties were given an opportunity to be heard and
present evidence regarding the modified language.
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 11A.11
P C. Resolution No. 94- 52
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PASSED, APPROVED, AND ADOPTED this 25th day of October 1994.
�� �l ,`tom
Bret B, Beftard,/ AICP
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Commission
Gilbert Alberio,
Chairman
P C. Resolution No. 94- 52
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EXHIBIT "A"
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.)
(Note: Proposed additions are represented in bold and
underlined text; deletions are represented in
e threug text.)
Section 17.68.060 Nonconforming structures. Except for
single-family and multiple -family residences in single family
residential districts, all structures, including main
buildings, accessory 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, and
any residential structures in commercial districts, are deemed
to be nonconforming structures, and the following provisions
shall apply:
E. Single-family and multiple -family residences in
residential districts may be restored to original
condition. Single family residences in single-family
residential districts may be restored to original
condition and may be expanded to conform to the setback
standards listed below:
Minimum Standards
Front Interior side Street side Rear
20 5 10 15
W33•CODP39PC.RES
PC Resolution No 94-52
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