PC RES 2004-042A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING A REQUEST (CASE NO.
ZON2004-00264) TO AMEND SECTION 17.46.060 OF THE MUNICIPAL
CODE RELATING TO THE EQUESTRIAN (Q) OVERLAY DISTRICT.
WHEREAS, on April 8, 2004, the Equestrian Committee recommended that the
City Council initiate a Code Amendment to Municipal Code Section 17.46 060 that
would require all properties within the City's four Equestrian (Q) Overlay Zones to
maintain horse keeping areas that would correspond to the minimum horse keeping
area required by the existing Development Code, and,
WHEREAS, on June 1, 2004, after considering oral and written testimony, the
City Council directed staff to initiate the code amendment process so that the proposed
code amendment could be evaluated through the public hearing process that is required
for all code amendments, and,
WHEREAS, 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), projects that are disapproved are statutorily exempt under
Section 15270 of Title 14 of the California Code of Regulations; and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on September 28, 2004, at which time all interested parties were given
opportunities 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 Planning Commission has reviewed and considered the
proposed amendments to Section 17.46.060 of Title 17 of the City of Rancho Palos
Verdes Municipal Code.
Section 2: That the amendments to Title 17 are not necessary to preserve the
public health, safety, and general welfare in the area
Section 3: That requiring existing property owners to maintain an 800 square
foot area for the keeping of large domestic animals, whether or not animals are currently
being kept on the property, creates an undue burden since property owners have the
ability to alter the improvements on a property in order to meet the development
standards set forth in Municipal Code Section 17.46.060.
P C Resolution No 2004-42
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Section 4: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council Pursuant to 17.80 070 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing,
and with the appropriate appeal fee, no later than November 10, 2004
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 request
(Case No ZON2004-00264) to amend Section 17.46.060 of the Municipal Code relating
to the Equestrian (Q) Overlay District.
PASSED, APPROVED, AND ADOPTED this 26th day of October 2004, by the following
vote.
AYES KARP, TETREAULT, MUELLER
NOES NONE
ABSTENTION PERESTAM, GERSTNER
ABSENT: MCHT, COTE
A-f��
J04 R has, C
Dir Acr ofa ing, Building
and Code Enforcement, and,
Secretary to the Planning Commission
i
Chairman
P C. Resolution No 2004-42
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