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CC RES 2000-064 RESOLUTION NO. 2000-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, UPHOLDING THE STRAUSS APPEAL AND DENYING THE YORK APPEAL, THEREBY OVERTURNING THE EQUESTRIAN COMMITTEE'S CONDITIONAL APPROVAL OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 1 TO PERMIT THE KEEPING OF FOUR (4) GOATS ON AN 84.10-ACRE VACANT, NON-CONTIGUOUS PROPERTY IN THE PORTUGUESE BEND EQUESTRIAN OVERLAY (Q) DISTRICT, LOCATED AT THE WEST END OF NARCISSA DRIVE WHEREAS, on November 19, 1999, the applicants, Natalie York and James York, submitted an application for Conditional Large Domestic Animal Permit No.1 to allow the keeping of four (4) goats on an 84.10-acre property in the Portuguese Bend `Q' District; and, WHEREAS, on January 10, 2000, the application for Conditional Large Domestic Animal Permit No. 1 was deemed complete by Staff; and, WHEREAS, on February 7, 2000, the applicants revised the application for Conditional Large Domestic Animal Permit No. 1 by relocating and enlarging the proposed enclosure for the goats; and, WHEREAS, on February 23, 2000, the revised application for Conditional Large Domestic Animal Permit No. 1 was deemed complete by Staff; 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), Staff found no evidence that Conditional Large Domestic Animal Permit No. 1 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(e)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Equestrian Committee held a duly noticed public hearing on February 10, 2000, March 9, 2000, April 13, 2000, May 11, 2000, June 8, 2000 and July 13, 2000, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on July 13, 2000, the Equestrian Committee adopted E.C. Resolution No. 2000-01, thereby conditionally approving Conditional Large Domestic Animal Permit No. 1 with modifications; and, WHEREAS, on July 27, 2000, and within the 15-day appeal period prescribed by Section 17.76.115(B)(5) of the Rancho Palos Verdes Development Code, the Equestrian Committee's action was appealed to the City Council by Betty Strauss, the owner of the property at 10 West Pomegranate Road; and, WHEREAS, on July 28, 2000, and within the 15-day appeal period prescribed by Section 17.76.115(B)(5) of the Rancho Palos Verdes Development Code, the Equestrian Committee's action was also appealed to the City Council by James York, one of the co- applicants for the project; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 19, 2000 and October 3, 2000, 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 finds that the application for Conditional Large Domestic Animal Permit No. 1 for the keeping of four (4) goats on the subject property is not an appropriate use of the site, as required by Section 17.76.115(B)(3)(d) of the Rancho Palos Verdes Development Code. The City Council finds that a property owner residing at a "remote" location would be less readily able or available to deal with any problems that might arise on the site, such as the animals becoming ill, being attacked or escaping their enclosure. In addition, during an emergency such as a brush fire, a "remote" property owner might be prevented from accessing the site or neighborhood due to the overriding needs of emergency service personnel and equipment to secure the area. Although the applicants have stated that they will maintain the goats in a manner that is safe for the animals and their neighbors, the City Council finds that it will be difficult for them to do so in an emergency situation because they do not reside in the immediate area. Section 2: During the course of the public hearing on these appeals, the City Council was made aware of a recent incident in the Portuguese Bend community on August 18, 2000, where two miniature horses were attacked by dogs. This attack occurred on a developed property when the property owners were at home and were able to respond immediately to the crisis, although one of the horses died of its injuries. This recent incident points out a serious problem with the proposed application. Unlike the incident with the miniature horses, the applicants' goats would be kept on a non-contiguous, undeveloped property. Furthermore, the applicants do not reside in the Portuguese Bend community or the City of Rancho Palos Verdes. Written and oral testimony was placed in the record and presented at the hearing, demonstrating that goats are generally benign, defenseless creatures that would not be able to fend off such an attack as well as the miniature horses were. Therefore, the City Council finds that the keeping of four (4) goats Resolution No. 2000-64 Page 2 of 3 on the subject property would place them at an unacceptable risk of predation, and would be contrary to the goats' welfare. 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. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby upholds the Strauss Appeal and denies the York Appeal, thereby overturning the Equestrian Committee's conditional approval of Conditional Large Domestic Animal Permit No. 1 to permit the keeping of four (4) goats on an 84.10- acre vacant, non-contiguous property in the Portuguese Bend Equestrian Overlay (Q) District, located at the west end of Narcissa Drive. PASSED, APPROVED, AND ADOPTED this 3rd day of October 2000. MAYOR ATTEST: f kgA,tt-4 C..40 keit CITY dk ERK 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. 2000-64 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 3, 2000. s(?)\,4 Qej /City Cleo' City of Rancho Palos Verdes M:\'Q'Committee\CLDAP 1 (York)\Resolution 2000-64.doc Resolution No. 2000-64 Page 3 of 3