RPVCCA_SR_2011_04_05_04_Ordinance_518_Code_AmdmtCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COM~EVELOPMENT DIRECTOR
APRIL 5,2011 U V
ADOPTION OF ORDINANCE NO.518,A CODE
AMENDMENT TO IMPLEMENT CERTAIN PROGRAMS
IDENTIFIED IN THE CITY'S HOUSING ELEMENT (Case No.
ZON201 0-00183)I CITYWIDE r.n
REVIEWED:CAROLYN LEHR,CITY MANAGER \lY----.
Project Manager:Eduardo Schonbom,AICP,Senior Plann~
RECOMMENDATION
Adopt Ordinance No.518,a City initiated proposed amendment to Municipal Code Title 17 to a)
establish reasonable accommodations procedures for individuals with disabilities,b)establish
standards for single-room occupancy facilities,c)permit emergency shelters in the Commercial
General (CG)Zone by right,and d)allow for the development of transitional and supportive housing.
DISCUSSION
On March 15,2011,the City Council introduced Ordinance No.518,amending Municipal Code Title
17 by adding new Chapter 17.67,which creates a Reasonable Accommodations process for
individuals with disabilities.The Ordinance also adds new Section 17.76.190,which creates
standards for single room occupancy facilities.Lastly,the Ordinance defines emergency shelters,
supportive housing and single room occupancy facilities,and specifies the Zoning District in which
these uses are allowed either by right or through a Conditional Use Permit.The City Council
approved the language and conducted the first reading of Ordinance No.518 at the March 15th
meeting.
If the second reading of Ordinance No.518 is adopted by the City Council at its April 5th meeting,the
effective date of the Ordinance will be May 5,2011,which is thirty (30)days from the adoption date.
As such,Staff recommends that the City Council adopt Ordinance No.518 to amend Municipal
Code Title 17.
Attachment:
•Ordinance No.518
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ORDINANCE NO.518
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 17 (DEVELOPMENT CODE)OF THE CITY'S
MUNICIPAL CODE,TO ESTABLISH REASONABLE
ACCOMMODATIONS PROCEDURES FOR INDIVIDUALS WITH
DISABILITIES,TO ESTABLISH STANDARDS FOR SINGLE-ROOM
OCCUPANCY FACILITIES,TO IDENTIFY A ZONE IN WHICH
EMERGENCY SHELTERS ARE A PERMITTED USE,AND TO
ESTABLISH PROCEDURES FOR THE DEVELOPMENT OF
TRANSITIONAL AND SUPPORTIVE HOUSING (CASE NO.ZON2010-
00183)
WHEREAS,it is necessary to amend Title 17 of the City of Rancho Palos Verdes
Municipal Code to establish Reasonable Accommodations procedures for individuals
with disabilities under the Federal Fair Housing Amendments Act of 1988 and
California's Fair Employment and Housing Act,and consistent with the City's 2008
Housing Element;and
WHEREAS,it is necessary to amend Title 17 of the City of Rancho Palos Verdes
Municipal Code to establish standards for single-room occupancy facilities,consistent
with the City's 2008 Housing Element;and
WHEREAS,it is necessary to amend Title 17 of the City of Rancho Palos Verdes
Municipal Code to establish a zone to allow emergency shelters as a permitted use,
consistent with Government Code Section 65583(a)(4)(A)and the City's 2008 Housing
Element;and
WHEREAS,it is necessary to amend Title 17 of the City of Rancho Palos Verdes
Municipal Code to identify transitional housing and supportive housing as residential
uses of property,in accordance with Government Code Section 65583(a)(5)and
consistent with the City's 2008 Housing Element;and
WHEREAS,on December 30,2010,notice of a public hearing on the proposed
amendments to Title 17 of the Municipal Code was published in the Palos Verdes
Peninsula News;and
WHEREAS,after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code,the Planning Commission conducted a public hearing on
January 25,2011,at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments as set forth in the Planning
Commission Staff Report of that date;and
WHEREAS,the Planning Commission reviewed and considered the proposed
code amendments to Title 17 and adopted P.C.Resolution No.2011-05 forwarding its
recommendations to the City Council for its consideration;and
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WHEREAS,pursuant to the provisions of the California Environmental Quality
Act,Public Resources Code Sections 21000 ef seq.("CEQA"),the State's CEQA
Guidelines,California Code of Regulation,Title 14,Section 15000 ef seq.,and the City's
Local CEQA Guidelines,the City of Rancho Palos Verdes prepared an Initial Study and
determined that there is no substantial evidence that the amendments would result in a
significant adverse effect upon the environment and,therefore,a Negative Declaration
has been prepared and notice of same was given in the manner required by law;and
WHEREAS,the Initial Study was prepared on December 17,2010 and
distributed for circulation and review from December 20,2010 through January 25,
2011;and
WHEREAS,copies of the draft Negative Declaration were distributed to the City
Council,and prior to taking action on the proposed amendments,the City Council
independently reviewed and considered the information and findings contained in the
Negative Declaration and determined that the document was prepared in compliance
with the requirements of CEQA and local guidelines with respect thereto;and
WHEREAS,on February 16,2011,a notice of a City Council public hearing on
this code amendment was published in the Palos Verdes Peninsula News;and
WHEREAS,after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code,the City Council held a duly noticed public -hearing on
March 15,2011,at which time all interested parties were given an opportunity to be
heard and present evidence;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1:The City Council has reviewed and considered the amendments to
Title 17 of the Municipal Code,as set forth in Sections 5 -14 of this Ordinance
(hereinafter referred to as the "Amendments").
Section 2:The City Council finds that the Amendments to "'Pitle 17 of the
Municipal Code are consistent with California Government Code Section 65853,zoning
amendment procedures.
Section 3:The City Council finds that there is no substantial evidence that the
Amendments to Title 17 would result in significant environmental effects.A Negative
Declaration has been prepared and Resolution No.2011-12 has been adopted,
certifying the Negative Declaration and making certain environmental findings in
association with Case No.ZON2010-00183.
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Section 4:The City Council finds that the Amendments to Title 17 of the
Municipal Code are necessary to preserve the public health,safety,and general welfare
in the area.
Section 5:Title 17 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Chapter 17.67 thereto to read as follows (the underlined text
representing new language):
"Chapter 17.67 Reasonable Accommodations for Individuals with Disabilities
Section 17.67.010 Purpose
A.Pursuant to the federal Fair Housing Amendments Act of 1988 and the
California Fair Employment and Housing Act.this chapter establishes formal
procedures allowing individuals with disabilities and their representatives to request
reasonable accommodations in the application of zoning laws and other land use
regulations.policies and procedures when necessarv to eliminate barriers to housing
opportunities.
B.A reasonable accommodation granted pursuant to this Chapter shall not
be construed as an amendment to this title or a change to the maps which are part of
this title.
Section 17.67.020 Applicability
A.A request for a reasonable accommodation may be made by any person
with a disability.their representative.or any developer or provider of housing for an
individual with a disability.when the application of a zoning law or other land use
regulation.policy or practice acts as a barrier to fair housing opportunities.This
Chapter is intended for the benefit of those persons who are defined as disabled under
Section 17.67 .030.B of this Chapter.
B.A request for a reasonable accommodation may include a modification or
exception to the rules.standards and practices for the siting.development and use of
housing or housing-related facilities that would eliminate regulatorv barriers and provide
a person with a disability equal opportunity to the housing of their choice.Requests for
a reasonable accommodation shall be made in the manner prescribed by this Chapter.
C.A request for a reasonable accommodation shall be granted to an
individual and shall not run with the land.unless the Community Development Director
determines that:
1.The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with Sections 17.02 and 17.04 of
the Rancho Palos Verdes Municipal Code:or
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2.The accommodation is to be used by another individual with a disability.
Section 17.67.030 Definitions
A."Fair Housing Laws"means the Federal Fair Housing Amendments Act of
1988 and California's Fair Employment and Housing Act.as these statutes now exist or
may be amended from time to time,and each Act's implementing regulations,
S,"Individual with a disability"means a person who has a physical or mental
impairment that limits one or more major life activities.anyone who is regarded as
having that type of impairment or.anyone who has a record of that type of impairment.
People who are currently using illegal substances are not considered individuals with a
disability under the Fair Housing Laws.unless they have an otherwise qualifying
disability,
Section 17.67.040 Application Requirements
A.Aoolication,Requests for a reasonable accommodation shall be
submitted on an application form provided by the Community Development Department.
or in the form of a letter to the Community Development Director.The application shall
contain the following information:
1.The applicant's name,address and telephone number.
2.Address of the property for which the request is being made.
3.The current actual use of the property.
4.Documentation that the applicant is:(A)an individual with a disability:(8)
applying on behalf of one or more individuals with a disability:or (C)a
developer or provider of housing for one or more individuals with a
disability.
6.The specific exception or modification to the zoning code provision.
regulation,policy.or practice that is being requested.
6.Documentation that the requested accommodation is necessary to provide
one or more individuals with a disability an equal opportunity to use and
enjoy the residence.
Section 17.67.050 Reviewing Authority
A.Community Development Director.Requests for a reasonable
accommodation shall be reviewed by the Community Development Director if no
approval is sought other than the request for a reasonable accommodation.
Section 17.67.060 Procedures
A.A written request for reasonable accommodations shall be made pursuant
to Section 17.67.040 of this Code.
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B.If the applicant needs assistance in making the request for reasonable
accommodation,the Community Development Department shall provide the assistance
necessarv to ensure that the process is accessible to the applicant.
C.Within thirty days of an application being submitted,the Director may
request additional information necessarv for making a determination regarding the
request for a reasonable accommodation that complies with the Fair Housing Law's
protections and the privacy rights of the individual with a disability to use the specified
housing.If additional information is requested,the sixty-day time period for making a
determination on the request stops running until the additional information is provided.
Section 17,67,070 Action by the Director
A.The Community Development Director shall issue a written determination
within sixty (60)days of the receipt of a complete application,unless extended in writing
by mutual agreement of the City and the applicant.
B.The Director may grant a reasonable accommodation request only upon
finding that:
1.The housing,which is the subject of the request for reasonable
accommodation,will be used by an individual with a disability protected
under the Fair Housing Laws:
2.The requested accommodation is necessarv to make housing available to
an individual with a disability protected under the Fair Housing Laws:
3.The requested accommodation will not impose an undue financial or
administrative burden on the City:
4.The requested accommodation will not require a fundamental alteration in
the nature of the City's zoning regulations and policies:and
5.There are no alternatives to the requested accommodations that may
provide an equivalent level of benefit.
C.The Director may impose conditions upon the approval of the reasonable
accommodation request deemed reasonable and necessarv to ensure that the
reasonable accommodation would comply with the findings required by subsection (B)
above.Conditions of approval may.where deemed appropriate,provide for any or all of
the following:
1.The reasonable accommodation shall only be applicable to particular
individual(s).
2,Periodic inspection of the affected premises.as specified in the conditions.to
verify compliance with this Chapter and with any applicable conditions of
approval.
3.Prior to any transfer of interest in the premises.notice shall be given to the
transferee of the existence of the modification,and the requirements that the
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transferee apply for a new modification as necessary.Once such transfer takes
effect.the originally approved modification shall have no further validity.
4.Removal of the improvement if the need for which the accommodation was
granted no longer exists.
5.Time limits and/or expiration of the approval if the need for which the
accommodation was granted no longer exists.
6.Other reasonable conditions deemed necessary to protect the public health.
safety.and welfare.
D.Prior to the issuance of any permits relative to an approved reasonable
accommodation. the Director may require the applicant and/or owner to record a
covenant in the county recorder's office acknowledging and agreeing to comply with the
terms and conditions established in the determination.and to provide notice to future
owners that a reasonable accommodation has been approved.
Section 17.67.080 Notice of Determination
Upon approval of a reasonable accommodation request by the Director.written notice of
such decision shall be given to the applicant and to all owners of property adjacent to
the subject property.Notice of denial shall be given to only the applicant.
Section 17.67.090 Appeal of Determination
Any interested person may appeal a decision of the Director to the Planning
Commission and a decision of the Planning Commission to the City Council pursuant to
Chapter 17.80 (Hearing and Appeal Procedures)of this Title.No reasonable
accommodation shall be effective and no development permitted by a reasonable
accommodation shall be initiated or construction started.until the appeal period has
been exhausted.
Section 17.67.100 Expiration of Approval
Any modification granted through a reasonable accommodations procedure for an
individual with a disability shall be considered a personal accommodation for the
individual applicant and shall not run with the land."
Section 6:Section 17.20.020 (Uses and development permitted)of Chapter
17.20 (Commercial General District)of Title 17 of the Municipal Code is hereby
amended to read as follows (the underlined text represents new language):
"17.20.20.Uses and development permitted.
Uses allowed in Sections 17.14.020 (Commercial Limited (CL)District)and
17.16.020 (Commercial Neighborhood (CN)District)and a wider range of uses
including such uses as major department stores,major hardware,home improvement
stores,appliance stores,furniture stores and any similar uses clearly related to the
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surrounding area as approved by the director.In addition.emergency shelters as
defined in Section 17.96.625 shall be a permitted use.The director's determination may
be appealed to the planning commission and the planning commission's decision may
be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures)."
Section 7:Section 17.96.1685 of Chapter 17 .96 (Definitions)of Title 17 of the
Municipal Code is hereby added to read as follows:
"17.96.625.Emergency Shelters.Housing with minimal supportive services for
homeless persons that is limited to occupancy of six months or less by a homeless
person.No individual or household may be denied emergency shelter because of an
inability to pay."
Section 8:Section 17.20.030 (Uses and development permitted by conditional
use permit)of Chapter 17.20 (Commercial General District)of Title 17 of the Municipal
Code is hereby amended to read as follows (the underlined text represents new
language):
"17.20.030 Uses and development permitted by conditional use permit.
The following uses may be permitted in the commercial general (CG)zone if it is
found in each individual case by the planning commission,that the criteria and
limitations imposed on such uses by other provisions of this title are satisfied,and if
specific conditions are imposed to carry out the intent and purpose set out in Section
17.20.010 of this chapter and Chapter 17.60 (Conditional Use Permits):
A.Automobile service stations,pursuant to Section 17.76.090 (Automobile
service stations);
B.Automobile service stations and car washes accompanying auto service
stations,as per Section 17.76.090 (Automobile service stations);
C.Car washes;
D.Wholesale plant nurseries;
E.Flower and produce stands and similar commercial/agricultural retail uses;
F.Hotels;
G.Movie theaters,billiard halls,bowling alleys,skating rinks and other similar
commercial-recreational uses;
H.Fitness studios,dance schools,computer schools and other similar
educational activities or uses;
I.Convenience stores as per Section 17.76.080 (Convenience stores);
J.Recycling drop-off/collection facilities and community service recycling
programs pursuant to Chapter 17.58 (Recycling);
K.Outdoor sale,storage or display of merchandise and/or provisions of
services,only in conjunction with a permanent use in a building,except for
temporary outdoor uses which may be permitted with a special use permit
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or temporary vendor permit,pursuant to Chapter 17.62 (Special Use
Permits),by the director;
L.Bed and breakfast inns;
M.Cleaners/laundry uses which have cleaning operations on site;
N.Churches;
O.Commercial antennas,pursuant to Section 17.76.020 (Antennas and
satellite dishes);
P.Concurrent sales of alcohol and motor fuel;
Q.Developments of natural resources,except in the coastal specific plan
district;
R.Golf courses,driving ranges and related ancillary uses;
S.Governmental facilities;
T.Public utility structures;
U.Outdoor active recreational uses and facilities;
V.Restaurants that sell alcoholic beverages and have dancing,live
entertainment,or four or more billiard tables,dart boards,or other games
which may be used for competition and/or recreation;restaurants that sell
alcoholic beverages and change the type of retail license classification
they hold under authority of the State Department of Alcoholic Beverage
Control;and restaurants that provide drive-through window service for
vehicles;
W.Small wind energy systems,pursuant to Section 17.83.060 (Small wind
energy systems);aM
X.Single-room occupancy facilities pursuant to Section 17.76.190:and
Y.Such uses as the director deems to be similar and no more intensive.
Such a determination may be appealed to the planning commission and
the planning commission's decision may be appealed to the city council
pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures).If a
proposed use or development is located in the coastal specific plan
district,the city's final decision regarding such other use may be appealed
to the California Coastal Commission for a determination that the uses are
similar and compatible with the local coastal program.
Section 9:Title 17 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Section 17.76.190 thereto to read as follows (the
underlined text represents new language):
"17.76.190 Single-Room Occupancy Facilities
A.Purpose.This section provides criteria for the development.operation and
regulation of single-room occupancy facilities.These criteria ensure that single-room
occupancy facilities are developed and operated on adequate sites.at proper and
desirable locations with respect to development patterns.adjacent land uses.and the
goals and objectives of the general plan and any applicable specific plans.
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B.Development Standards.The following development standards shall apply to
single-room occupancy facilities:
1.Lot area per unit.No minimum lot area per unit standard shall apply to
single-room occupancy facilities.
2.Unit Size and Occupancy.The minimum size of a single-room occupancy
unit shall be 150 square feet and the maximum size shall be 220 square
feet which may include bathroom and/or kitchen facilities.
3.Common Area.A minimum of ten square feet per unit or 250 square feet.
whichever is greater.shall be provided for common area.All common area
shall be within the bUilding.Recreation rooms.meeting rooms.dining
rooms.or other similar areas approved by the Director may be considered
common area.Shared bathrooms and kitchens shall not be considered as
common areas.
4.Management.A single-room occupancy management plan shall be
submitted to.reviewed.approved and enforced by the Community
Development Director.The management plan shall be approved prior to
issuance of a certificate of occupancy.The management plan shall be
comprehensive and contain management policies and operations.rental
procedures and rates.maintenance plans.residency and guest rules and
procedures.security procedures.and staffing needs including job
descriptions.A 24-hour resident manager shall be provided for any
single-room occupancy use with 12 or more units.
5.Development Standards.Except as to the development standards
expressly set forth herein.single-room occupancy shall meet the
commercial development standards of the district in which it is located.
6.Parking.One parking space for everv two units shall be provided.with a
minimum of 2 parking spaces for the entire facility.
7.Kitchen Facilities.In each unit.a kitchen sink serviced with hot and cold
water with a garbage disposal and a counter top measuring a minimum of
1S inches wide by 24 inches deep shall be required.A complete kitchen
facility available for residents shall be provided on each floor of the
structure.if each individual unit is not provided with a minimum of a
refrigerator and a microwave oven.
S.Bathroom Facilities.For each unit a private toilet in an enclosed
compartment with a door shall be provided.This compartment shall be a
minimum of 15 square feet.If private bathing facilities are not provided for
each unit.shared shower or bathtub facilities shall be provided at a ratio of
1 shower or bathtub facility for everv 7 units or fraction thereof.The
shared shower or bathtub facility shall be on the same floor as the units it
is intended to serve and shall be accessible from a common area or
hallway.Each shared shower or bathtub facility shall be provided with an
interior lockable door."
Section 10:Section 17.04.030 (Uses and development permitted by conditional
use permit)of Chapter 17.04 (Multiple-Family Residential Districts)of Title 17 of the
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Municipal Code is hereby amended to read as follows (the underlined text represents
new language):
"17.04.030.Uses and development permitted by conditional use permit.
Only the following uses and developments may be conducted or constructed with
approval of a conditional use permit pursuant to Chapter 17.60 (Conditional Use
Permits):
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;
B.Minor commercial uses;provided,that such commercial uses are clearly
incidental and auxiliary to the development,and are designed for the sole
use of the residents of the development;
C.Mobile home parks,with the following provisions;
1.Mobile home parks shall be a minimum area of ten acres;
2.The lot area per mobile home or mobile home space shall not be
less than four thousand square feet;
3.Mobile homes shall conform to setback and open space area
standards for the district in which they are located;
4.There shall be a distance of not less than fifteen feet between
mobile homes;
5.Mobile home parks shall provide a minimum of two,non-tandem
parking spaces per mobile home site;
6.One storage space shall be provided for recreational vehicles per
every five mobile home sites.Such storage space shall not be
tandem to the parking spaces required in Section 17.04.030(C)(5)
of this chapter;
D.Residential care facilities involving seven or more patients;
E.The growing of crops and/or fruits on more than one acre or for
commercial purposes;
F.Bed and breakfast inns;
G.Commercial antennas and satellite antennas,pursuant to Section
17.76.020 (Miscellaneous Permits and Standards);
H.Golf courses,driving ranges and related ancillary uses;
I.Government facilities;
J.Public utility structures;
K.Outdoor active recreational uses and facilities;aM
L.Supportive Housing and Transitional Housing:and
M.Such other uses as the director deems to be similar and no more
intensive.Such a determination may be appealed to the planning
commission and the planning commission's decision may be appealed to
the city council pursuant to Section 17.80.050 (Hearing Notice and Appeal
Procedure).If a proposed use or development is located in the coastal
specific plan district,the city's final decision regarding such other use may
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be appealed to the California Coastal Commission for a determination that
the uses are similar and compatible with the local coastal program."
Section 11:Section 17.96.2095 of Chapter 17.96 (Definitions)of Title 17 of the
Municipal Code is hereby added to read as follows:
"17.96.2095.Supportive housing.A facility that provides housing with no limit on
length of stay,that is occupied by the target population,and that is linked to onsite or
offsite services that assist the supportive housing resident in retaining the housing,
improving his or her health status,and maximizing his or her ability to live and,when
possible.work in the community.For purposes of this definition."target population"
means persons with low incomes having one or more disabilities,including mental
illness,HIV or AIDS,substance abuse,or other chronic health conditions,or individuals
eligible for services provided under the Lanterman Developmental Disabilities Services
Act (Division 4.5 (commencing with Section 4500)of the California Welfare and
Institutions Code)and may include,among other populations,adults.emancipated
youth,families,families with children,elderly persons,young adults aging out of the
foster care system,individuals exiting from institutional settings,veterans,and
homeless people."
Section 12:Section 17.96.2115 of Chapter 17.96 (Definitions)of Title 17 of the
Municipal Code is hereby added to read as follows:
"17.96.2115.Transitional housing.Rental housing that in which residents stay
longer than overnight.but not more than six months,and is exclusively designated and
targeted for individuals and households at immediate risk of becoming homeless or
transitioning from homelessness to permanent housing."
Section 13:The rights given by any approval granted under the terms of Title
17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this
ordinance shall not be affected by the amendments to Title 17 by this ordinance and
shall continue in effect until and unless the use ceases or terminates operation
according to the terms of the approval or the terms of Title 17,as they existed prior to
the effective date of this ordinance.
Section 14:The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all uses submitted after the effective date of the
adoption of said ordinance.
Section 15:The City Clerk shall certify to the adoption of this ordinance and
shall cause the same to be posted in the manner prescribed by law.
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PASSED,APPROVED and ADOPTED this 15 th day of March 2011.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,CARLA MORREALE,City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Ordinance No.517 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on March 15,2011.
City Clerk
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