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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 Page 1 of 2 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 Page 2of2