CC RES 2002-051 RESOLUTION NO. 2002-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING LARGE DOMESTIC
ANIMAL NONCONFORMITY STATEMENT NO. 3 FOR THE
KEEPING OF TEN HORSES, OF WHICH A MAXIMUM OF
SIX HORSES MAY BE BOARDED, ON THREE
CONTIGUOUS PARCELS TOTALING 12.145 ACRES IN
AREA, LOCATED AT 1 PEPPERTREE DRIVE
WHEREAS, Section 17.46.080 (Nonconformities) of the Rancho Palos Verdes
Development Code provides for the filing of nonconformity statements related to the
keeping and/or boarding of large domestic animals in the City; and,
WHEREAS, on July 14, 1997, Richard and Kay Bara, the owners of three
contiguous parcels at 1 Peppertree Drive in the Portuguese Bend community, submitted
Large Domestic Animal Nonconformity Statement No. 3 to the City of Rancho Palos
Verdes, pursuant to Section 17.46.080 of the Rancho Palos Verdes Development Code;
and,
WHEREAS, Large Domestic Animal Nonconformity Statement No. 3 stated that, as
of February 1, 1997, ten horses were kept on the Baras' combined parcels, of which six
horses were boarded, and requested permission to "grandfather" these numbers of kept
and boarded horses for the combined properties; and,
WHEREAS, on December 14, 1998, Staff conducted a site investigation and verified
the numbers of animals described in Large Domestic Animal Nonconformity Statement
No. 3; and,
WHEREAS, in 1999, Staff sought direction from the City Council regarding the final
disposition on any disputed nonconformity statements, and the City Council determined
that it would make the final determination on any such disputed statements; and,
WHEREAS, on February 13, 2002, Staff completed its review of Large Domestic
Animal Nonconformity Statement No. 3 and determined that, based upon the provisions of
Chapter 17.46 (Equestrian Overlay(Q) District) of the Rancho Palos Verdes Development
Code, a maximum of ten horses could be kept on the Baras' property in perpetuity, of
which a maximum of six horses could be boarded until February 1, 2007 or the sale or
transfer of the property, whichever occurred later; and,
WHEREAS, on February 27, 2002, Staff's determination regarding Large Domestic
Animal Nonconformity Statement No. 3 was contested separately by Joe Deeble and Toni
Deeble; and,
WHEREAS, after providing notice to all interested parties, the City Council
discussed Large Domestic Animal Nonconformity Statement No. 3 at a regular public
meeting on April 16, 2002 and June 12, 2002, at which time all interested parties were
given an opportunity to be heard and present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council hereby makes the following findings of fact with
respect to Large Domestic Animal Nonconformity Statement No. 3:
A. The Baras filed Large Domestic Animal Nonconformity Statement No. 3 timely on
July 14, 1997, and prior to the October 3, 1997 deadline established by Section
17.46.080 of the Rancho Palos Verdes Development Code. Pursuant to Section
17.46.080(A) of the Rancho Palos Verdes Development Code,the Baras'statement
included:
1. Proof of the ownership of the lot or parcel;
2. A statement identifying the owner of each animal kept on the subject
property as of February 1, 1997;
3. A statement of any other conditions for which a waiver was requested; and,
4. Permission from the Baras for a City representative to enter upon said lot or
parcel to verify the nonconforming condition(s).
B. The Baras' property at 1 Peppertree Drive is located in the Portuguese Bend
Equestrian Overlay (Q) District, one of four Equestrian Overlay (Q) districts
established pursuant to Section 17.46.090 of the Rancho Palos Verdes
Development Code.
C. The Baras' property consists of three parcels, of which one is developed with a
home and the other two contiguous parcels are "vacant", as that term is defined in
Section 17.46.020 and is used throughout Chapter 17.46 of the Municipal Code.
The developed parcel is 10.375 acres in area and the vacant, contiguous parcels
are 52,272 and 24,829 square feet in area, respectively. All three parcels exceed
the minimum size requirements for the keeping of large domestic animals, as
established by Section 17.46.020 of the current Rancho Palos Verdes Development
Code and Section 17.12.020 of the Rancho Palos Verdes Development Code,
which was in effect prior to May 1997. The City Council hereby finds that the size
and shape of these three parcels is adequate for the keeping of ten horses.
D. The Baras legally kept ten horses on the three combined parcels on February 1,
1997, based upon the size of the combined parcels. This is greater than the four
horses permitted by Section 17.46.020 of the current Development Code and fewer
than the seventeen horses that could have been kept on the combined properties
Resolution No. 2002-51
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under the provisions of Section 17.12.020 of the Development Code, which was in
effect prior to May 1997.
E. The Baras legally boarded six horses on the three combined parcels on the property
on February 1, 1997, based upon the Baras'written statement, their oral testimony,
which was presented at the hearings (to the effect that they were not making a profit
from the boarding that they had been conducting at the property), and pursuant to
the provisions of Section 17.12.020(C) of the Development Code, which was in
effect prior to May 1997. The City Council finds that although some of the speakers
disagreed with the Baras' testimony, no compelling or credible evidence to the
contrary was presented by any interested party. In addition, the City Council finds
that neither Section 17.46.080(A)of the current Rancho Palos Verdes Development
Code nor Section 17.12.020(C) of the Rancho Palos Verdes Development Code,
which was in effect prior to May 1997, established definitive standards for
determining the legality of boarding activities that were being conducted on or
before February 1, 1997.
F. The Baras did not own the subject parcels in July 1975, nor has any evidence been
presented to indicate that lawful boarding was (or was not) being conducted on the
property at that time.
Section 2: Based upon the foregoing discussion, the Staff reports, Minutes and
other records of these proceedings, the City Council finds that the following horsekeeping
activities shall be "grandfathered" for the Baras' property at 1 Peppertree Drive:
A. A maximum of ten (10) horses may be kept on the property in perpetuity; and,
B. Of the ten (10) horses allowed to be kept on the property, a maximum of six (6)
horses may be boarded until February 1, 2007 or until the sale or transfer of the
property, whichever occurs later. When the later of these two dates passes, then a
maximum of four of the ten horses may be boarded thereafter in perpetuity.
Section 3: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
Resolution No. 2002-51
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PASSED, APPROVED, AND ADOPTED this 2nd day of July 2002.
A _
AYOR fif
ATTEST:
C Y 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 above Resolution No. 2002-51 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on July 2, 2002.
City lerk
City f Rancho Palos Verdes
Resolution No. 2002-51
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