ORD 366 ORDINANCE NO. 366
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AN AMENDMENT TO CHAPTER
17.46 (EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE
17 OF THE CITY'S MUNICIPAL CODE
WHEREAS, on May 15, 2001, the City Council of the City of Rancho Palos
Verdes directed Staff to prepare a code amendment to give the City Council the
discretion to review large domestic animal nonconformity statements and determine the
number of large domestic animals to be "grandfathered" in cases where the number of
large domestic animals present on a property on February 1, 1997 is disputed or cannot
be determined with certainty; and,
WHEREAS, on June 8, 2001, Staff initiated Code Amendment No. 49 in order to
implement the City Council's direction; and,
WHEREAS, after notice given pursuant to the Rancho Palos Verdes Municipal
Code, the Planning Commission held a public hearing on July 10, 2001 to consider
Code Amendment No. 49, at which time all interested parties were given an opportunity
to be heard and present evidence regarding all said amendments; and,
WHEREAS, the Planning Commission reviewed the language of Code
Amendment No. 49, heard public testimony and forwarded Code Amendment No. 49 to
the City Council with a recommendation of approval; and,
WHEREAS, after notice given pursuant to the Rancho Palos Verdes Municipal
Code, the City Council held a public hearing on July 17, 2001 and August 7, 2001 to
consider Code Amendment No. 49, at which time all interested parties were given an
opportunity to be heard and present evidence regarding all said amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendment to
Chapter 17.46 of Title 17 of the Municipal Code.
Section 2: The City Council finds that the amendment to Title 17 of the
Municipal Code is consistent with California Government Code Section 65853, Zoning
Amendment Procedures.
Section 3: The City Council finds that the amendment to Title 17 is consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it
upholds, and does not hinder, the goals and policies of those plans, in particular to
balance the rights of property owners whose horsekeeping activities and/or facilities
were rendered nonconforming by the adoption of revised Development Code standards
in 1997 with the potential impacts of these activities and/or facilities upon the owners
and residents of adjacent properties and the City as a whole.
Section 4: The City Council finds that the amendment to Title 17 is
substantially the same as previous provisions of the Rancho Palos Verdes Municipal
Code or any other ordinance repealed, amended or superseded upon the enactment of
this Ordinance and that the amendment to Title 17 shall be construed as a restatement
and continuation of the previous provisions and not as new enactments.
Section 5: The City Council further finds that there is no substantial evidence
that the amendment to Title 17 would result in new significant environmental effects, or
a substantial increase in the severity of effects, as previously identified in Environmental
Assessment No. 694 and Negative Declaration, adopted through Resolution No. 97-25
in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the
Municipal Code. An addendum to the prior Negative Declaration has been prepared
and is attached hereto as Exhibit `A'. The City Council hereby finds, based on its own
independent judgement, that the facts stated in the addendum are true because the
number of large domestic animals permitted on a given property will not exceed number
that could have been kept legally in 1997 and, in reviewing a given large domestic
animal nonconformity statement, the City Council will ensure that the size of the
property and the condition of the facilities is adequate to accommodate the number of
animals without adverse impacts to surrounding properties.
Section 6: The City Council further finds that the amendment to Title 17 is
necessary to protect the public health, safety and general welfare in the area.
Section 7: For the foregoing reasons and based upon the information and
findings included in the Staff reports and records of the proceedings, Section 17.46.080
of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended as follows:
17.46.080 Nonconformities.
Except as provided in this section, all existing buildings, structures, fences, enclosures
and uses of land, including the number of animals allowed by this chapter, which do not
conform to the provisions of this chapter, but were existing as legal conforming uses or
structures on February 1, 1997, shall be considered legal nonconforming uses and/or
structures for purposes of this chapter. The owner of a parcel or use which has been
rendered nonconforming by the provisions of this chapter shall file a written
nonconformity statement with the director in order to establish a record of the
nonconforming use or structure. The written statement shall be filed with the director by
October 3, 1997.
A. A written nonconformity statement shall include:
1. The ownership of the lot or parcel;
Ordinance No. 366
Page 2of5
2. If the nonconformity involves the keeping of more than four large domestic
animals on a vacant or developed lot or parcel, or on any combination of
contiguous lots or parcels which are owned or under the control of the
same individual(s), a statement identifying the owner of each animal kept
on the subject property;
3. The conditions for which the waiver is requested;
4. Permission from the owner for a city representative to enter upon said lot
or parcel to verify the nonconforming condition; and
5. Any additional information, as required by the director.
B. Upon submittal of the written nonconformity statement to the director, the director
or his or her representative, shall verify the nonconforming condition through a
site visit to the property. Upon verification of the nonconforming condition, the
director shall keep on file a record of the nonconforming condition.
C. Except as provided below, the acceptance and verification of a written
nonconformity statement by the director shall permit the nonconforming condition
to continue in perpetuity:
1. The boarding of five to eight large domestic animals on a lot or parcel or
on any combination of contiguous lots or parcels which are owned or
under the control of the same individual(s), shall be permitted to continue
until the lot(s) or parcel(s) is/are sold or transferred, or until February 1,
2007, whichever time period is longer. For purposes of this section,
change of ownership shall not include inter-spousal transfers in cases of
divorce, transfers of property to the transferor's children or inheritance by
a spouse or child.
2. Nonconforming conditions involving the boarding of more than eight large
domestic animals shall be discontinued within twelve months after the
effective date of the ordinance codified in this title.
3. The provisions of subparagraphs (1) and (2) of this subsection C shall not
apply to any lot or parcel or combination of contiguous lots or parcels
which are owned or under the control of the same individual where the
boarding of five or more large domestic animals was being conducted
lawfully on July 1, 1975. In such cases, the acceptance and verification of
the written nonconformity statement by the director shall permit the
nonconforming condition to continue in perpetuity.
D. The director shall cause each nonconformity statement which is issued to be
recorded with the county recorder. The recorded document shall clearly describe
the uses and/or structures that are allowed to continue on the property.
E. If no written nonconformity statement has been submitted to the director pursuant
to Section 17.46.080 of this chapter, or if the property owner does not allow the
director or his/her representative to verify the nonconforming condition, it shall be
presumed that the nonconforming condition was illegal at the time of adoption of
this chapter.
Ordinance No. 366
Page 3 of 5
F. If the owner of the property for which a written nonconformity statement was
submitted in 1997, or any resident, files a timely challenge to the director's
determination of the number of large domestic animals that were kept on the
property as of February 1, 1997, based on the challenger's statement that the
number of large domestic animals that were kept on the property fluctuated in
1997 such that the number of large domestic animals that were kept on the
property as of that time cannot be determined accurately, the City Council may
approve up to the maximum number of large domestic animals that the property
owner testifies were kept on the property at any time during calendar year 1997,
provided that:
1. The number that is approved does not exceed the maximum number of
large domestic animals that could have been kept lawfully on the property
as of February 1, 1997; and,
2. The City Council finds that the size and shape of the property and the
nature and condition of the horse facilities are adequate for the keeping of
the number of large domestic animals that is approved.
Section 8: 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 amendment to Title 17 by this Ordinance and
shall continue in effect until they are modified, revoked, expire or are otherwise
terminated according to the terms of the approval or the terms of Title 17 as they
existing on the day before the effective date of this Ordinance.
Section 9: 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.
Ordinance No. 366
Page 4 of 5
PASSED, APPROVED AND ADOPTED this 7th day of August 2001.
AV 4JJ._ .Aiek
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ATTEST:
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C TY 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. 366 passed first reading on July 17, 2001, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
August 7, 2001, and that the same was passed and adopted by the following roll call
vote:
AYES: Councilmembers Ferraro, Gardiner and Stern, Mayor Pro Tem
McTaggart and Mayor Lyon
NOES: none
ABSENT: none
ABSTAIN: none
e' 10
I
CITY CLERK
M:\Projects\CA 49(RPV-Equestrian)\Ordinance 366.doc
Ordinance No. 366
Page 5 of 5
EXHIBIT `A' TO ORDINANCE NO. 366
ADDENDUM NO. 5 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
August 7, 2001
On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a
Negative Declaration for Environmental Assessment No. 694 for amendments to Titles
16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration
was circulated for public comment from March 4 through March 24, 1997 and no
substantive comments were received from any persons or responsible agencies. In
adopting the Negative Declaration, the City Council found: 1) that there would be no
significant adverse environmental impacts resulting from the adoption of the
amendments; 2) that many of the amendments were clarifications and minor non-
substantive revisions; and 3) that the substantive amendments would reduce impacts
on the environment since the requirements and regulations governing development in
the City would generally be strengthened, thereby further reducing any adverse impacts
to adjacent properties, and therefore, upon the environment.
The City Council is currently considering the adoption of an Ordinance that would
approve an amendment to Section 17.46.080 (Nonconformities) of the City's
Development Code. The proposed amendment would give the City Council the
discretion to review large domestic animal nonconformity statements and determine the
number of large domestic animals to be "grandfathered" in cases where the number of
large domestic animals present on a property on February 1, 1997 is disputed or cannot
be determined with certainty. As such, the City Council has determined that the
proposed amendment would not result in new significant environmental effects but
actually serve to reduce impacts upon the environment. Furthermore, the City Council
believes that the amendment is within the scope of EA/ND No. 694 that was prepared
and adopted in conjunction with the amendments to Titles 16 and 17 that were adopted
on April 19, 1997 by the City Council. As a result, no further environmental review is
necessary.
M:\Projects\CA 49(RPV-Equestrian)\EA694_Addendum5.doc
Ordinance No. 366
Exhibit `A'
All I
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on August 21, 2001 she caused to be
posted the following document entitled: ORDINANCE NO. 366
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AN AMENDMENT TO CHAPTER 17.46
(EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE 17 OF THE
CITY'S MUNICIPAL CODE
a copy of which is attached hereto, in the following locations:
City Hall Hesse Park
30940 Hawthorne Blvd. 29301 Hawthorne Blvd
Rancho Palos Verdes Rancho Palos Verdes
Ladera Linda Community Center Ryan Park
32201 Forrestal Drive 30359 Hawthorne Blvd.,
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affadavit of
posting.
1 i i /
Si - !AAA_ id AL-Allk
City Clerk
W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www.palosverdes.com/rpv