CC RES 2002-053 RESOLUTION NO. 2002-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING LARGE DOMESTIC
ANIMAL NONCONFORMITY STATEMENT NO. 19 FOR THE
KEEPING OF ELEVEN HORSES, ALL OF WHICH MAY BE
BOARDED, ON A 6.940-ACRE PARCEL, LOCATED AT 20
VANDERLIP 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 September 29, 1997, Jack Downhill, the owner of a parcel at 20
Vanderlip Drive in the Portuguese Bend community, submitted Large Domestic Animal
Nonconformity Statement No. 19 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. 19 stated that, as
of February 1, 1997, six horses were kept on Mr. Downhill's parcel, all of which were
boarded, and requested permission to "grandfather" the keeping and boarding of up to
eleven horses for the property, which was the maximum number previously kept on the
property in July 1975; and,
WHEREAS, on October 1, 1998, Staff conducted a site investigation, verified the
numbers of animals described in Large Domestic Animal Nonconformity Statement No. 19,
and verified the presence of a barn, corral, fenced pasture and sheltered enclosures as
legal nonconforming structures; 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 October 12, 2000, Staff completed its review of Large Domestic
Animal Nonconformity Statement No. 19 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 six horses could be kept and boarded on Mr. Downhill's
property in perpetuity because this was the number of horses actually present on the
property as of February 1, 1997; and,
WHEREAS, on November 9, 2000, Staff's determination regarding the number of
animals to be "grandfathered" pursuant to Large Domestic Animal Nonconformity
Statement No. 19 was contested by Mr. Downhill, but Staff's determination regarding the
various legal nonconforming structures described above was not contested; and,
WHEREAS, after providing notice to all interested parties, the City Council
discussed the contested provisions of Large Domestic Animal Nonconformity Statement
No. 19 at a regular public meeting on May 1, 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. 19:
A. Mr. Downhill filed Large Domestic Animal Nonconformity Statement No. 19 timely
on September 29, 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, Mr.
Downhill's statement included:
1. Proof of the ownership of the lot or parcel, including proof of ownership or
control of the property on or prior to July 1, 1975;
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 Mr. Downhill for a City representative to enter upon said lot
or parcel to verify the nonconforming condition(s).
B. Mr. Downhill's property at 20 Vanderlip 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. Mr. Downhill's property consists of a developed parcel of 6.940 acres in area. The
parcel exceeds 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 this parcel is adequate for the keeping of eleven
horses.
D. Mr. Downhill legally kept six horses on the parcel on February 1, 1997, based upon
the size of the parcel. This is greater than the four horses permitted by Section
17.46.020 of the current Development Code and equal to the six horses that could
have been permitted by Section 17.12.020 of the Development Code, which was in
effect prior to May 1997. Mr. Downhill also states that he kept as many as eleven
Resolution No. 2002-53
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horses on the property on July 1, 1975 and earlier. Based upon additional research
conducted by Staff, it was determined that the City's interim zoning regulations that
were in effect in July 1975 did not establish a maximum number of horses permitted
to be kept on the subject property.
E. Mr. Downhill legally boarded six horses on the parcel on the property on February 1,
1997, based upon Mr. Downhill's statement and the provisions of Section
17.12.020(C) of the Development Code, which was in effect prior to May 1997. Mr.
Downhill also legally boarded as many as eleven horses on the property on July 1,
1975 and earlier, based upon the City's interim zoning regulations that were in effect
in July 1975. The City Council finds that 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
prior to May 1997 established objective standards for determining the legality of
boarding activities that were being conducted on or before February 1, 1997.
F. Mr. Downhill has presented evidence that he owned or controlled the subject parcel
in July 1975. Based upon additional research by Staff, the City Council determined
that it was lawful to board as many as eleven horses on the property at that time,
based upon the City's interim zoning regulations that were in effect in July 1975.
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 Mr. Downhill's property at 20 Vanderlip Drive:
A. A maximum of eleven (11) horses may be kept on the property in perpetuity;
B. All of the eleven (11) horses allowed to be kept on the property may be boarded in
perpetuity; and,
C. Staff's determination that the barn, corral, fenced pasture and sheltered enclosures
may be maintained in perpetuity as legal nonconforming structures, which was not
contested by Mr. Downhill or any interested party, is upheld.
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. 2002-53
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PASSED, APPROVED, AND ADOPTED this 2nd day of July 2002.
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ATTEST:
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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. 2002-53 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on July 2, 2002.
/1 - # / 0
City ' lerk
City if Rancho Palos Verdes
Resolution No. 2002-53
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