PC RES 2009-022 P.C. RESOLUTION NO. 2 9-22
A RESOLUTION OF THE PLANNING 1 SI THE CITY OF
RANCHOAL VERDES DENYINGTHE APPEAL AND UPHOLDING
THE DIRECTOR'SDECISION TO APPROVE, WITH CONDITIONS,
EXOTIC ANIMAL PERMIT CE NO. ZON2008-00589 TO ALLOWTHE
KEEPING OF A VIETNAMESEPOT-BELLY I ITHI THE CONFINES
F THE REAR YARD AND INDOORS, ON A RESIDENTIAL LOT
LOCATED AT 5824 IRONWOOD STREET.
WHEREAS, on September 4, 2008, it was brought to the attention of the City's
Code Enforcement Staff that a pig was being kept in the rear yard of a residential property
at 5824 Ironwood Street.After confirming that the keeping of a pig requires the approval of
an Exotic Animal Permit by the City and that no such permit had been issued, three
separate written notices were sent to the property owner informing them to remove the pig
from the property or apply for an Exotic Animal Permit to allow it to remain; and,
WHEREAS, on November 5, 2008, the applicant submitted an application for an
Exotic Animal Permit to the Planning, Building and Code Enforcement Department for
review and processing. The applicant is requesting after-the-fact approval for the keeping
of a Vietnamese Pot Belly pig on the subject property, at 5824 Ironwood St.
WHEREAS, upon submittal of requested information, the application was deemed
complete on December 5, 2008; and,
WHEREAS, on January 19, 2009, Staff mailed notices to 48 property owners,
providing a 10-day time period for the submittal of comments and concerns, pursuant to
Section 17.76.110(B)(2) of the Rancho Palos Verdes Municipal Code(RPVMC). The public
commenting period expired on January 29, 2009. The public notice stated that the Pot
Belly pig would be kept indoors unless -the property owners were home. As a result of the
public notice, Staff received three comment letters from the public; and,
WHEREAS, on February 2, 2009, the Owner/Applicant granted a 90-day extension
of time and waiver of the Permit Streamlining Act requirement (pursuant to Government
Code Section 65980) for a decision by the Director of Planning, Building and Code
Enforcement to allow Staff additional time to conduct research to address the comments
identified as a result of the public notice; and,
WHEREAS, on February 16, 2009, Staff mailed a corrected public notice to 48
property owners, which stated that the Pot Belly pig would be kept outdoors, within the
confines of the enclosed rear yard, and indoors. The pubic comment period for the
February 16, 2009 public notice expired on March 2, 2009. Staff received an additional four
comment letters from the public during the second public notice period; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
(CEQA), under Article 19, Section 15301 (existing facility) of the California Guidelines for
Implementation of the CEQA and the project was determined not to have a significant
impact on the environment; and,
WHEREAS, on April 23, 2009, the Director of Planning, Building, and Code
Enforcement conditionally approved the Exotic Animal Permit(Case No. ZON2008-00589)
to allow the keeping of one Vietnamese Pot Belly pig within the confines of the rear yard
and indoors at the subject property, 5824 Ironwood Street., and a Notice of Decision forthe
approval was sent to all interested parties stipulating a fifteen (15) day appeal period that
expired on May 7, 2009; and,
WHEREAS, on May 6, 2009, Mr. and Mrs. Butler, property owners at 5830 Ironwood
Street, and Mr. and Mrs. Zafran, property owners at 5818 Ironwood Street filed an appeal
of the Director's decision to the Planning Commission requesting that the Planning
Commission overturn the Director's approval of Case No. ZON2009-00589; and,
WHEREAS, on May 11, 2009, Staff mailed notices for a Planning Commission
public hearing to 48 property owners within a 500-foot radius from the subject property,
providing a 15-day time period for the submittal of comments and concerns, pursuant to
Section 17.80.070 of the RPVMC, and published the notice in the Peninsula/News on May
14, 2009 with an expiration date of May 26, 2009;and,
WHEREAS, the Planning Commission held a duly noticed public hearing on May 26,
2009, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Exotic Animal Permit to allow the keeping of one (1)Vietnamese
Pot-Belly pig within the confines of the rear yard and indoors on the property located at
5824 Ironwood Street can be approved because:
A. Adequate evidence has been submitted indicating that the subject pig has been
vaccinated and is in good health and will not likely be the cause for the passage of
infectious disease(s) to other animals or residents within the neighborhood and
issuance of the Exotic Animal Permit will not be detrimental to the public health,
safety or general welfare
B. The subject lot is adequate in size and shape to accommodate the keeping of a
domestic Vietnamese Pot Belly Pig with approximately 1,800 square feet of useable
area in the rear yard, and the keeping of the pig would not be materially detrimental
to the use, enjoyment or valuation of the properties in the vicinity of the subject site,
and the keeping of a pig as a domestic pet is an appropriate use of the subject site.
Section 44: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
P.C. Resolution No. 2009-22
Page 2
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days
following May 26, 2009, the date of the Planning Commission's final action.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby denies the appeal and upholds the
Director's decision, and thereby conditionally approves Exotic Animal Permit (Case No.
ZON2008-00589) for the keeping of one (1)Vietnamese Pot-Belly Pig within the confines
of the rear yard and indoors on the residential property located at 5824 Ironwood Street,
subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 26th day of May 2009, by the following vote:
AYES: Commissioners Knight, Ferestam, Tetreault and Vice Chair$,Gerstner
NOES: Commissioners Ruttenberg,: Palm and Chairman Lewis
ABSTENTIONS: None
ABSENT: Ione
//oerey L Is
Chairm n
Joel Rja , AICP
Directo o Planni g, B ilding
and Co Enforce nt, and,
Secretary to the Planning Commission
P.C. Resolution No. 20092
Page 3
EXHIBITW
CONDITIONS F APPROVAL FOR
PLANNING ASE NO. Z 20 -0 58
( aac 9 6824IronwooStreet)
General Conditions
1. The Property Owner shall submit to the City a statement, in writing, that they have
read, understand and agree to all conditions of approval listed below. Failure to
provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is to allow one Vietnamese Pot Belly Pig to be kept outdoors and/or
indoors, at the residential property located at 5824 Ironwood Street. The Director of
Planning, Building and Code Enforcement is authorized to make minor
modifications to the conditions of approval if such modifications will achieve
substantially the same results as would strict compliance with conditions. Otherwise,
any substantive change to the project shall require approval of a revision to the
Exotic Animal Permit Case No. ZON2008-00589 by the Director and shall require
new and separate environmental review.
4. In order to ensure that a minimum amount of outdoor space is provided for the pig
on the property, the Property Owner shall maintain a fenced off area, at all times,for
use by the Vietnamese Pot Belly Pig. The area may only be located in the
applicant's rear yard and side yard and shall be a minimum of 48 square feet, with
minimum dimensions of 4 feet by 12 feet. The pig is not restricted to this minimum
area.
5. All fences, walls and gates used for the enclosure of the Vietnamese Pot Belly Pig
shall be of such design, material and construction as to prevent the escape of the
animal.
6. The Property Owner is responsible for the continuous maintenance of sanitary
conditions on the property, including, but not limited to, the cleaning of areas to
which the Vietnamese Pot Belly Pig has access; and proper disposal of feces,
soiled hay and other refuse. Animal waste shall not be allowed to accumulate,
runoff or leach so as to create a nuisance or be offensive to other persons in the
vicinity. Proper procedures must be used to control insects and to minimize
offensive odors.
P.C. Resolution No. 2009-22
Page 4
7. Areas which are used by the Vietnamese Pot Selly Pig shall be maintained so that
there is no standing surface water or use of ponds, or other small bodies of water,
for more than a period of 24 hours. This condition does not include water dishes for
drinking.
8. All structures used for the keeping of the Vietnamese Pot Selly Pig and enclosure
fences shall be constructed and maintained in a neat and orderly condition and kept
in good repair.
9. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code.
10. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
11. Appropriate and adequate housing shall be provided in accordance with the climate
and weather conditions. Specifically, adequate shade areas shall be provided in the
summer and a dry shelter shall be provided to protect from winter elements.
12. The property owner shall submit to the City annual verification that the
immunizations and vaccinations for the subject Vietnamese Pot Selly pig are being
maintained and up to date. The documentation shall be prepared by a licensed
Doctor of Veterinary Medicine (D.V.M) and shall be submitted to the City once a
year, by May 26.
P.C. Resolution leo. 2009-22
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