ORDINANCE NO. 404U

ORDINANCE NO. 404U

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING ORDINANCE NO. 400U REGARDING THE 16-FOOT HEIGHT LIMITATION FOR RESIDENTIALLY ZONED PROPERTIES AND GRADING PERMIT APPLICATIONS, AND DECLARING THE URGENCY THEREOF.

WHEREAS, on February 17, 2004, the City Council adopted Urgency Ordinance No. 400U to amend Chapter 17 of the Municipal Code, the City’s Zoning Ordinance, to clarify issues concerning grading and the sixteen-foot height limit; and

WHEREAS, the City Council referred the issues to the Planning Commission for additional review and deliberation; and

WHEREAS, due to other items on the agenda, the Planning Commission has not yet had the time to fully analyze and discuss these issues and has requested more time to do so; and

WHEREAS, as a result of additional discussion and debate, the affected sections of the Rancho Palos Verdes Municipal Code may be further amended; and

WHEREAS, the City Council hereby finds that confusion will be caused on the part of the public if the provisions of Ordinance No. 400U are implemented while the Planning Commission and the City Council are further considering this matter, and if the affected provisions of the Municipal Code are amended again as a result of the additional deliberations;

NOW, THEREFORE, BASED ON THE FINDINGS SET FORTH ABOVE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS:

Section 1: Ordinance No. 400U is hereby repealed.

Section 2: The City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937 and shall take effect immediately upon adoption. Said finding and determination is based upon the recitals set forth above and the following:

While the Planning Commission and City Council further consider revisions to the Municipal Code, it is important to have a uniform application of the provisions of the Municipal Code, as it previously was in effect and interpreted by the City, to proposed residential development, which will avoid inconsistent results and confusion on the part of the City’s residents. Accordingly, to protect the health, safety and welfare of the City and its residents, and to avoid the disparate treatment of applicants that could result if this ordinance does not take immediate effect, this is an urgency ordinance that will take effect immediately upon adoption.

PASSED, APPROVED and ADOPTED this 6th day of April 2004.

/s/ Peter C. Gardiner

Mayor

Attest:

/s/ Jo Purcell

City Clerk

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. 404U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on April 6, 2004, and that the same was passed and adopted by the following roll call vote:

 

AYES: Clark, Stern, Wolowicz and Mayor Gardiner

NOES: Long

ABSENT: None

ABSTAIN: None

_________________________

City Clerk