ORDINANCE NO. 460 OORDINANCE NO. 460 ORDINANCE NO. 460

ORDINANCE NO. 460

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.46 OF TITLE 17 OF THE CITY’S MUNICIPAL CODE (CASE NO. ZON2006-00082) TO ESTABLISH REGULATIONS FOR THE PRESERVATION OF FUTURE HORSEKEEPING OPPOR­TUNITIES IN THE CITY’S EQUESTRIAN OVERLAY (Q) DISTRICTS.

            WHEREAS, on February 7, 2006, after considering oral and written testimony, based on a request from the Rancho Palos Verdes Equestrian Committee, the City Council directed Staff to initiate a code amendment to preserve future horsekeeping opportunities on properties in the City’s Equestrian Overlay (Q) Districts; and,

WHEREAS, on April 13, 2006, and May 11, 2006, the Equestrian Committee conducted public meetings to formulate the language of the proposed code amendment for recommendation to the Rancho Palos Verdes Planning Commission; and,

            WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted public hearings on July 25, 2006, November 28, 2006, and February 13, 2007, at which times all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Title 17 as set forth in the Planning Commission Staff report of those dates; and,

            WHEREAS, on February 13, 2007, the Planning Commission recommended approval to the City Council by Minute Order the draft Code language contained in the Planning Commission Staff report of that date; and,

WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council conducted a public hearing on April 3, 2007, May 1, 2007, and June 19, 2007, at which times all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Title 17.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1:     The City Council has reviewed and considered the amendments to Title 17 of the Municipal Code.

Section 2:     The City Council finds that the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures.

Section 3:     The City Council finds that the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they preserve and enhance the community's quality living environment, and enhance the visual character and physical quality of existing neighborhoods.  By providing incentives for the keeping of horses on properties in the City’s Equestrian Overlay (Q) Districts, theses amendments will help to preserve the semi-rural character of the City.

Section 4:     The City Council finds, based upon its own independent review, that there is no substantial evidence that the amendments to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified in Environmental Assessment No. 694 and the Negative Declaration, adopted through Resolution No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code, since the new amendments provide regulations that would reduce impacts to properties within the City and the environment by protecting the aesthetic quality of the area.  An Addendum (No. 16) to the prior Negative Declaration has been prepared and is attached hereto as Exhibit ‘A’.  The City Council hereby finds, based on its own independent judgment, that the facts stated in the Addendum are true because the revisions to the Development Code will strengthen the Code with no potential environmental impacts.

Section 5:     The City Council finds that the amendments to Title 17 are necessary to preserve the public health, safety, and general welfare in the area, while balancing property rights.

            Section 6:     Section 17.46.060(A) of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):

A.        In addition to the development standards governing development in the base zoning district, the following development standards shall apply:
1.         No part of any structure structures or enclosure enclosures for the keeping or maintaining of large domestic animals in the City shall be located within thirty-five (35) feet of (a) any structure used for human habitation on adjacent property, or (b) any required building setback line, on an adjacent property owned or controlled by a different person than the person owning or controlling the property where the animals are located, whichever is less.  The owner of an adjacent property shall have the right to construct structures for human habitation within the 35-foot setback area, consistent with all other provisions of the property’s underlying zoning designation.  However, in such instances, the owner of the property with the structures or enclosures for the keeping or maintaining of large domestic animals shall not be obligated to alter such structures or enclosures to maintain the 35-foot setback.
2.         Horses and cattle shall be maintained in a fenced corral or other area containing at least four hundred (400) square feet for each animal.  For goats or sheep, the minimum area shall be two hundred (200) square feet for each animal.
3.         Stables and barns shall be constructed and maintained in accordance with the building code of the city.
4.         All fences and gates used for the enclosure of horses or other large domestic animals shall be of such design, materials and construction as to prevent the escape of the animals.  Fences enclosing horses or cows shall be not less than four (4) feet in height and shall be of the strength equivalent to that of a wood fence with four-by-four-inch posts, no more than ten (10) feet apart, with three (3) two-by-six-inch rails.  Electrically charged wires shall be used only to supplement other fences, and shall meet underwriter’s standards for electric fences, and shall cause no electric interference with radio and television reception on neighboring parcels.  Warning signs shall be posted in a visible location, every one hundred (100) feet on the fence, warning that an electric fence is in use.  Other electric fences and barbed wire fences are prohibited.
5.         For properties located within an equestrian overlay (Q) district that are fifteen thousand (15,000) square feet in area or larger, a minimum contiguous area, at least eight hundred (800) square feet in size, twelve (12) feet in width or depth, having a slope not exceeding thirty-five (35) percent steepness and vehicular and/or equestrian trail access, may be voluntarily set aside to allow for the future keeping or maintaining of large domestic animals.  A site plan identifying the location, dimensions and slope of the 800-square-foot area shall be provided to the city and retained in the city’s files.  The following incentives shall be offered to encourage compliance with the provisions of this paragraph:
a.         Site improvements consisting of landscaping and irrigation; detached trellises, patio covers or gazebos; above-grade/portable spas; barbeques and firepits; temporary (as defined by the building code) non-habitable accessory structures that are no more than one hundred twenty (120) square feet in size; decks, platforms, walkways, paving or other similar ground surfacing that is no more than six (6) inches tall (as measured from the adjacent grade); and private sewage disposal systems shall be permitted within the 800-square-foot area.
b.         Roofed structures for the keeping or maintaining of large domestic animals, up to eight hundred (800) square feet in area, shall be excluded from the calculation of lot coverage for properties located in an equestrian overlay (Q) district.
c.         Properties that provide the 800-square-foot area consistent with Paragraph 5 of this section shall be permitted eight hundred (800) square feet of additional lot coverage, above and beyond the maximum lot coverage permitted by the underlying zoning district, provided that the additional lot coverage is not within the 800-square-foot area that is being set aside for the future keeping or maintaining of large domestic animals.

Section 7:     The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of the adoption of said ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall continue in effect until and unless they are modified, revoked, expired or are otherwise terminated according to the terms of the approval or the terms of Title 17 as they existed prior to the effective date of this ordinance.

            Section 8:     The amendments to Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all development applications submitted after the effective date of the adoption of said ordinance and to all development applications that have not been decided upon prior to the effective date of the adoption of said ordinance.

            Section 9:     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 adopts the foregoing amendments to Title 17 of the Municipal Code.

            Section 10:   Severability.  If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance.  The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

            Section 11:   The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code.  The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

            Section 12:   This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the thirty-first (31st) day after its passage.


PASSED, APPROVED, and ADOPTED this 3rd day of July 2007.

 

 

       /s/ Thomas D. Long
       Mayor

Attest:

 

/s/ Carla Morreale
       City Clerk

State of California                             )
County of Los Angeles                     )  ss
City of Rancho Palos Verdes          )

            I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 460 passed first reading on June 19, 2007, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 3, 2007, and that the same was passed and adopted by the following roll call vote:

 

AYES:             Clark, Wolowicz and Mayor Long  
NOES:            None
ABSENT:       None
ABSTAIN:      Gardiner and Stern
                                                                                                                                                                                                                                     _________________________
                                                                                            City Clerk