ORDINANCE NO. 392
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REQUIRE PROPERTIES TO COMPLY WITH PARKING REGULATIONS UPON THE CHANGE IN ZONING.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: On January 24, 2003, an application for a General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, and Environmental Assessment (Case No. ZON2003-00036), for property located at 6100 Palos Verdes Drive South was submitted. After review of the submittal, staff deemed the application complete on February 21, 2003. Said application is a request to amend the General Plan and Coastal Specific Plan Land Use Designations of the subject property from Commercial (office) to Residential (2-4 dwelling units per acre) and rezone the property from Commercial Professional (CP) to Single Family Residential (RS-4).
Section 2: In conjunction with the proposed application, the City initiated a Zone Text Amendment (Case No. ZON2003-00113) to Section No. 17.84 of the Municipal Code (Nonconformities) to require development on parcels, where the zoning designation changes, to comply with the parking standards of the new zoning designation, at such time that a change of use of the property, as defined by the Chapter 17.96 of this Code, occurs.
Section 3: 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 Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City Council certified a Negative Declaration by the adoption of Resolution No. 2003-44.
Section 4: The City Council finds that the proposed Zone Text Amendment is warranted since it is consistent with the General Plan. The amendment is necessary to ensure sufficient off-street parking is provided on the subject property, thus meeting the community standards of environmental quality for the area.
Section 5: Section 17.84.060 of Chapter 17.84 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph F thereto to read as follows:
F. When the underlying zoning designation changes on a parcel, the property shall be brought into compliance with the parking standards of the new zoning designation, at such time that a change of use of the property, as defined by the Chapter 17.96 of this Code, occurs.
Section 6: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 7: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.
Section 8: This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the thirty-first (31st) day after its passage.
PASSED, APPROVED, AND ADOPTED this 17th day of June 2003.
/s/ Douglas W. Stern
/s/ Jo Purcell
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 392 passed first reading on June 3, 2003, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 17, 2003, and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Ferraro, Gardiner, McTaggart and Mayor Stern