ORD 460 ORDINANCE NO. 460
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.46 OF TITLE 17 OF THE CITY'S MUNICIPAL
CODE (CASE NO. ZON2006-00082) TO ESTABLISH REGULATIONS
FOR THE PRESERVATION OF FUTURE HORSEKEEPING OPPOR-
TUNITIES IN THE CITY'S EQUESTRIAN OVERLAY (Q) DISTRICTS.
WHEREAS, on February 7, 2006, after considering oral and written testimony,
based on a request from the Rancho Palos Verdes Equestrian Committee, the City
Council directed Staff to initiate a code amendment to preserve future horsekeeping
opportunities on properties in the City's Equestrian Overlay (Q) Districts; and,
WHEREAS, on April 13, 2006, and May 11, 2006, the Equestrian Committee
conducted public meetings to formulate the language of the proposed code amendment
for recommendation to the Rancho Palos Verdes Planning Commission; and,
WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted public hearings on July
25, 2006, November 28, 2006, and February 13, 2007, at which times all interested
parties were given an opportunity to be heard and present evidence regarding said
amendments to Title 17 as set forth in the Planning Commission Staff report of those
dates; and,
WHEREAS, on February 13, 2007, the Planning Commission recommended
approval to the City Council by Minute Order the draft Code language contained in the
Planning Commission Staff report of that date; and,
WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the City Council conducted a public hearing on April 3, 2007,
May 1, 2007, and June 19, 2007, at which times all interested parties were given an
opportunity to be heard and present evidence regarding said amendments to Title 17.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Title 17 of the Municipal Code.
Section 2: The City Council finds that the amendments to Title 17 of the
Municipal Code are consistent with California Government Code Section 65853, zoning
amendment procedures.
Section 3: The City Council finds that the amendments to Title 17 are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that
they preserve and enhance the community's quality living environment, and enhance
the visual character and physical quality of existing neighborhoods. By providing
incentives for the keeping of horses on properties in the City's Equestrian Overlay (Q)
Districts, theses amendments will help to preserve the semi-rural character of the City.
Section 4: The City Council finds, based upon its own independent review,
that there is no substantial evidence that the amendments to Title 17 would result in
new significant environmental effects, or a substantial increase in the severity of the
effects, as previously identified in Environmental Assessment No. 694 and the 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, since the new
amendments provide regulations that would reduce impacts to properties within the City
and the environment by protecting the aesthetic quality of the area. An Addendum
(No. 16) 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 judgment, that
the facts stated in the Addendum are true because the revisions to the Development
Code will strengthen the Code with no potential environmental impacts.
Section 5: The City Council finds that the amendments to Title 17 are
necessary to preserve the public health, safety, and general welfare in the area, while
balancing property rights.
Section 6: Section 17.46.060(A) of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the text
represents deleted language):
A. In addition to the development standards governing development in the base
zoning district, the following development standards shall apply:
1. No part of any structure structures or enclosure enclosures for the keeping
or maintaining of large domestic animals in the City shall be located within
thirty-five (35) feet of fa} any structure used for human habitation on
adjacent property, - - - . • = a-. - . •, _ . , . _
less. The owner of an adjacent property shall have the right to construct
structures for human habitation within the 35-foot setback area, consistent
with all other provisions of the property's underlying zoning designation.
However, in such instances, the owner of the property with the structures
or enclosures for the keeping or maintaining of large domestic animals
shall not be obligated to alter such structures or enclosures to maintain the
35-foot setback.
2. Horses and cattle shall be maintained in a fenced corral or other area
containing at least four hundred (400) square feet for each animal. For
goats or sheep, the minimum area shall be two hundred (200) square feet
for each animal.
3. Stables and barns shall be constructed and maintained in accordance with
the building code of the city.
Ordinance No. 460
Page 2 of 5
4. All fences and gates used for the enclosure of horses or other large
domestic animals shall be of such design, materials and construction as to
prevent the escape of the animals. Fences enclosing horses or cows shall
be not less than four (4) feet in height and shall be of the strength
equivalent to that of a wood fence with four-by-four-inch posts, no more
than ten (10) feet apart, with three (3) two-by-six-inch rails. Electrically
charged wires shall be used only to supplement other fences, and shall
meet underwriter's standards for electric fences, and shall cause no
electric interference with radio and television reception on neighboring
parcels. Warning signs shall be posted in a visible location, every one
hundred (100) feet on the fence, warning that an electric fence is in use.
Other electric fences and barbed wire fences are prohibited.
5. For properties located within an equestrian overlay (Q) district that are
fifteen thousand (15,000) square feet in area or larger, a minimum
contiguous area, at least eight hundred (800) square feet in size, twelve
(12) feet in width or depth, having a slope not exceeding thirty-five (35)
percent steepness and vehicular and/or equestrian trail access, may be
voluntarily set aside to allow for the future keeping or maintaining of large
domestic animals. A site plan identifying the location, dimensions and
slope of the 800-square-foot area shall be provided to the city and
retained in the city's files. The following incentives shall be offered to
encourage compliance with the provisions of this paragraph:
a. Site improvements consisting of landscaping and irrigation;
detached trellises, patio covers or gazebos; above-grade/portable
spas; barbeques and firepits; temporary (as defined by the building
code) non-habitable accessory structures that are no more than
one hundred twenty (120) square feet in size; decks, platforms,
walkways, paving or other similar ground surfacing that is no more
than six (6) inches tall (as measured from the adjacent grade); and
private sewage disposal systems shall be permitted within the 800-
square-foot area.
b. Roofed structures for the keeping or maintaining of large domestic
animals, up to eight hundred (800) square feet in area, shall be
excluded from the calculation of lot coverage for properties located
in an equestrian overlay(Q) district.
c. Properties that provide the 800-square-foot area consistent with
Paragraph 5 of this section shall be permitted eight hundred (800)
square feet of additional lot coverage, above and beyond the
maximum lot coverage permitted by the underlying zoning district,
provided that the additional lot coverage is not within the 800-
square-foot area that is being set aside for the future keeping or
maintaining of large domestic animals.
Section 7: 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 the
adoption of said ordinance shall not be affected by the amendments to Title 17 by this
Ordinance No. 460
Page 3 of 5
ordinance and shall continue in effect until and unless they are modified, revoked,
expired or are otherwise terminated 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 8: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of the adoption of said ordinance and to all development applications that
have not been decided upon prior to the effective date of the adoption of said ordinance.
Section 9: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
City Council of the City of Rancho Palos Verdes hereby adopts the foregoing
amendments to Title 17 of the Municipal Code.
Section 10: 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 11: 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 12: 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.
Ordinance No. 460
Page 4 of 5
PASSED, APPROVED, and ADOPTED this 3rd day of July 2007.
r
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, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 460 passed first reading on June 19, 2007, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
July 3, 2007, and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Wolowicz and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: Gardiner and Stern
// /4,
3,41A—
City Clerk
Ordinance No. 460
Page 5 of 5
ORDINANCE NO. 460 — EXHIBIT A
ADDENDUM NO. 16 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
JULY 3, 2007
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 upon the environment.
The City Council is currently reviewing amendments to Title 17 of the Municipal Code
that would establish regulations for the preservation of future horsekeeping
opportunities on properties in the City's Equestrian Overlay (Q) Districts. The proposed
amendments are intended to reduce impacts to properties within the City and the
environment by protecting the aesthetic quality of the area. As such, the City Council
has independently reviewed this item and determined that the proposed amendments
will not result in any new significant environmental effects. Furthermore, the City
Council finds the amendments to be within the scope of EA/ND No. 694 that were
prepared and adopted in conjunction with the amendments to Titles 16 and 17, which
were adopted on April 19, 1997 by the City Council. As a result, the City Council finds
that no further environmental review is necessary other than the City Council's adoption
of this Addendum No. 16.
Ordinance No. 460
Exhibit A
Page 1 of 1
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 July 17, 2007, she caused to be posted the following document
entitled: City of Rancho Palos Verdes, Ordinance No. 460 - AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 17.46 OF TITLE 17 OF THE CITY'S MUNICIPAL CODE
(CASE NO. ZON2006-00082)TO ESTABLISH REGULATIONS FOR THE
PRESERVATION OF FUTURE HORSEKEEPING OPPORTUNITIES IN
THE CITY'S EQUESTRIAN OVERLAY (Q) DISTRICTS, a copy of which
is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
7 /
b .&—/f
City Clerk