CC RES 2002-052 RESOLUTION NO. 2002-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING LARGE DOMESTIC
ANIMAL NONCONFORMITY STATEMENT NO. 8 FOR THE
KEEPING OF TWELVE HORSES, OF WHICH A MAXIMUM
OF SEVEN HORSES MAY BE BOARDED, ON THREE
CONTIGUOUS PARCELS TOTALING 1.559 ACRES IN
AREA, LOCATED AT 6 LIMETREE LANE
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, Sunshine, the owner of three contiguous parcels at 6
Limetree Lane in the Portuguese Bend community, submitted Large Domestic Animal
Nonconformity Statement No. 8 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. 8 stated that, as
of February 1, 1997, twelve horses were kept on the Sunshine's combined parcels, of
which seven horses were boarded, and requested permission to "grandfather" these
numbers of kept and boarded horses for the combined properties; and,
WHEREAS, on October 1, 1998, Staff conducted a site investigation and verified the
numbers of animals described in Large Domestic Animal Nonconformity Statement No. 8;
and,
WHEREAS, in 1999, Staff sought direction from the City Council regarding the final
any disposition disputed nonconformity statements, and the City Council determined
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that it would make the final determination on any such disputed statements; and,
WHEREAS, on April 12, 2001, Staff completed its review of Large Domestic Animal
Nonconformity Statement No. 8 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 twelve horses could be kept on Sunshine's property in perpetuity, of which a
maximum of seven horses could be boarded until February 1, 2007 or the sale or transfer
of the property, whichever occurred later; and,
WHEREAS, on April 27, 2001, Staff's determination regarding Large Domestic
Animal Nonconformity Statement No. 3 was contested jointly by Toni Deeble and Betty
Strauss; and, on May 21, 2001, Jeanne Smolley contested the number of horses that
Sunshine claimed to have kept on the property as of February 1, 1997; and,
WHEREAS, after providing notice to all interested parties, the City Council
discussed Large Domestic Animal Nonconformity Statement No. 8 at a regular public
meeting on June 19, 2001, July 17, 2001, August 21, 2001, September 4, 2001, October 2,
2001, 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. 8:
A. Sunshine filed Large Domestic Animal Nonconformity Statement No. 8 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, Sunshine's
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 Sunshine for a City representative to enter upon said lot or
parcel to verify the nonconforming condition(s).
B. Sunshine's property at 6 Limetree Lane 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. Sunshine's 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 26,400 square feet in area and the vacant, contiguous
parcels are 19,800 and 22,120 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
twelve horses.
D. Sunshine legally kept twelve 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 fourteen horses that could have been permitted by Section 17.12.020 of
Resolution No. 2002-52
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the Development Code, which was in effect prior to May 1997. The City Council
finds that although other individuals presented testimony that contradicted
Sunshine's testimony about the number of horses that were kept on the subject
property, the Council found that the applicant presented the preponderance of the
evidence demonstrating that twelve horses were present on February 1, 1997.
E. Sunshine legally boarded seven horses on the three combined parcels on the
property on February 1, 1997, based upon Sunshine's statement, her oral testimony
and 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 other individuals
presented testimony that contradicted Sunshine's testimony about the boarding that
occurred at the property and whether the boarding had been conducted legally, the
Council found the applicant's testimony, which was based on her personal
knowledge, was entitled to greater weight, and that the preponderance of the
evidence was presented by the applicant. 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. Sunshine 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 Sunshine's property at 6 Limetree Lane:
A. A maximum of twelve (12) horses may be kept on the property in perpetuity; and,
B. Of the twelve (12) horses allowed to be kept on the property, a maximum of seven
(7) 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 twelve 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. 2002-52
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PASSED, APPROVED, AND ADOPTED this 2nd day of July 2002.
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ATTEST:--.)'
CI 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. 2002-52 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on July 2, 2002.
D i / / ,, ,do 0 0
City Jerk
City f Rancho Palos Verdes
Resolution No. 2002-52
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