Rancho Palos Verdes Municipal Code Ch. 17.46 Equestrian Overlay (q) District

Property in an Equestrian Overlay (Q) District may be used for the keeping of horses, other large domestic animals as defined in chapter 17.96 (Definitions), and cows, subject to all applicable requirements of the municipal code and the provisions of this chapter. The Equestrian Overlay (Q) District provides regulations for the keeping of horses and other large domestic animals (goats and sheep) by property owners or lessees, where such use is clearly accessory to the allowable use of the land, as designated in the base zoning district. Such regulations and standards presume a reasonable effort on the part of the animal owner to preserve the rights of neighbors by maintaining and controlling their animals in a safe, sanitary and healthy manner at an appropriate location. Thus, this chapter neither authorizes nor legalizes the maintenance of any private or public nuisance.

(Code 1981, § 17.46.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. Two large domestic animals may be kept or maintained on a developed lot or parcel having a gross lot area of at least 15,000 square feet. One additional large domestic animal may be kept or maintained for each additional 5,000 square feet of gross lot area, not to exceed a total of four large domestic animals. Foals under one year of age shall not be counted towards the maximum number of animals which are permitted.

B. For purposes of this chapter, a lot or parcel on which the structures consist solely of barns or stables not used for human habitation shall not be considered to be developed and shall be deemed vacant. However, the number of animals that may be kept on a developed lot or parcel pursuant to subsection A of this section, also may be kept on a vacant parcel which is contiguous to the developed lot and is under the same ownership or control, if the number of large domestic animals is not increased above the number that is allowed on the developed lot pursuant to the provisions of subsection A.

(Code 1981, § 17.46.020; Ord. No. 320, § 7(part), 1997)

Other than the legal nonconforming boarding of large domestic animals which may continue subject to the limitations set forth in section 17.46.080 of this chapter, the boarding of more than four large domestic animals on any vacant or developed lot or on any combination of contiguous lots or parcels which are owned or under the control of the same individual shall be prohibited. For purposes of this chapter, the term "boarding" shall mean the keeping or maintaining of large domestic animals that are not owned by the owners or lessees of the lot or parcel on which the animals are being kept or maintained.

(Code 1981, § 17.46.030; Ord. No. 320, § 7(part), 1997)

The following keeping of large domestic animals in an Equestrian Overlay (Q) District shall require the approval of a large domestic animal permit by the director, pursuant to the provisions of section 17.76.115(A) (Large Domestic Animal Permits) of this title:

A. The keeping of five to six large domestic animals on a developed lot or parcel; and

B. The keeping of one to six large domestic animals on a vacant lot or parcel which is contiguous to a developed lot that is under the same ownership or control as the vacant lot, not to exceed a total of six large domestic animals per lot. However, the permit required by this subsection B shall not be required, if the keeping of the large domestic animals is permitted by section 17.46.020 of this chapter.

(Code 1981, § 17.46.040; Ord. No. 320, § 7(part), 1997)

The following animal keeping in an Equestrian Overlay (Q) District shall require the approval of a conditional large domestic animal permit by the equestrian committee or city council, pursuant to the conditional large domestic animal permit procedures contained in section 17.76.115(B) (Large Domestic Animal Permits) of this title:

A. The keeping of one to six large domestic animals on a vacant lot or parcel that is not contiguous to a developed lot or parcel that is under the same ownership or control as the vacant lot or parcel;

B. The keeping or maintaining of more than six large domestic animals on any developed or vacant lot or parcel;

C. The keeping of one or more cows on a vacant or developed lot or parcel;

D. The operation of an equestrian facility or program by a registered nonprofit 501(c)(3) corporation which provides a benefit to youth or the physically or mentally challenged or has a similar philanthropic purpose that is directly related to and advanced by the proposed equestrian program or facility;

E. Variations from the lot area requirements and development standards of this chapter by the keeper of the animals. Variations may include, but are not limited to:

1. The minimum lot or parcel size required to maintain large domestic animals;

2. The dimensions or locations of fences, enclosures, corrals, barns and other structures, except that the 35 foot minimum setback to habitable structures set forth in section 17.46.060(A)(1) of this chapter cannot be reduced;

3. The screening requirements;

4. The animal waste control requirements; and

5. For registered nonprofit 501(c)(3) corporations only, the following additional variations may be requested:

a. An increase in the allowable number of animals to be kept or boarded on a lot or parcel, provided that the other requirements of this chapter are adhered to;

b. The operation of an active outdoor recreational facility or program which provides a benefit to youth or the physically or mentally challenged or has a similar philanthropic purpose, provided that it does not result in significant adverse effects upon other properties in the vicinity of the site; and

c. Alternatives to the requirement for impermeable paving of off-street parking areas, provided they do not result in significant adverse effects upon drainage and/or soil stability.

(Code 1981, § 17.46.050; Ord. No. 320, § 7(part), 1997; Ord. No. 354, § 7(part), 2000)

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 structures or enclosures for the keeping or maintaining of large domestic animals in the city shall be located within 35 feet of any structure used for human habitation on adjacent property. 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 400 square feet for each animal. For goats or sheep, the minimum area shall be 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 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 feet apart, with three 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 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 15,000 square feet in area or larger, a minimum contiguous area, at least 800 square feet in size, 12 feet in width or depth, having a slope not exceeding 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 subsection:

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 120 square feet in size; decks, platforms, walkways, paving or other similar ground surfacing that is no more than six 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 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 subsection (A)(5) of this section shall be permitted 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.

B. In addition to the health and safety regulations provided in any other applicable statute, regulation or ordinance the following provisions shall apply:

1. Each property owner or lessee is responsible for the continuous maintenance of sanitary conditions, including, but not limited to, the cleaning of corrals, stables, barns and other areas to which animals have access; and the proper disposal of manure, offal, soiled straw and other refuse. Animal waste shall not be allowed to accumulate, runoff or leach so as to create a nuisance or be offensive to other persons in the vicinity. Manure may be disposed of by removal from the lot or parcel by a city-licensed waste disposal company, or by composting. If waste or manure is to be composted, the composting material shall be kept in a composting bin, and the composting shall be performed in accordance with city approved composting procedures. Proper procedures must be used to control insects and to minimize offensive odors.

2. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to accumulate in any regular, intermittent or seasonal watercourse.

3. Each lot and structure shall be maintained so that there is no standing surface water or ponding within areas in which large domestic animals are kept.

4. All buildings used for the keeping of animals and all corral or enclosure fences shall be constructed and maintained in a neat and orderly condition and kept in good repair. Landscaping, or other screening techniques, shall be provided as appropriate to assist in screening of stables, barns, corrals, composting bins and stored hay from public view and from adjacent properties.

5. Property owners or lessees who keep large domestic animals on their property shall carry out a program of fly control through such means as traps, pesticides or natural predators.

6. No structure or enclosure for the keeping of large domestic animals shall be constructed or maintained in any regular, intermittent or seasonal watercourse.

7. A weatherproof notice setting forth the name of the person responsible for such animals and a phone number to be called in the event of an emergency shall be displayed on, or in the vicinity of, any barn, stable enclosure or other area in which large domestic animals are kept.

(Code 1981, § 17.46.060; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 460, § 6, 2007)

A. Purpose. The planning commission has taken on the duties of the equestrian committee. In discharging its duties under this chapter, the planning commission shall advise the city council on technical matters pertaining to the implementation and enforcement of this chapter, to assist with the resolution of disputes regarding the keeping of large domestic animals, to discourage the boarding of more than four horses and other large domestic animals, and to consider conditional large domestic animal permit applications in accordance with the terms and requirements of this chapter and the procedures described in section 17.76.115 (Large Domestic Animal Permits) of this title.

B. Authority. The planning commission shall have the authority to:

1. Issue conditional large domestic animal permits in accordance with the provisions of this chapter, pursuant to the procedures described in section 17.76.115 (Large Domestic Animal Permits) of this title;

2. Suspend or revoke large domestic animal permits or conditional large domestic animal permits pursuant to the procedures described in section 17.86.060 (Suspension or Revocation of Permits) of this title; and

3. Initiate proceedings for abatement of public nuisances described in section 8.24.080 of this Code to remove large domestic animals from private property, or abate any other nuisance identified by the equestrian committee as being out of compliance with the requirements of this chapter.

C. Appeal. The decisions of the planning commission may be appealed to the city council pursuant to the provisions described in chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.46.070; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 31, 11-15-2011)

Except as provided in this section, all existing buildings, structures, fences, enclosures and uses of land, including the number of animals allowed by this chapter, which do not conform to the provisions of this chapter, but were existing as legal conforming uses or structures on February 1, 1997, shall be considered legal nonconforming uses and/or structures for purposes of this chapter. The owner of a parcel or use which has been rendered nonconforming by the provisions of this chapter shall file a written nonconformity statement with the director in order to establish a record of the nonconforming use or structure. The written statement shall be filed with the director by October 3, 1997.

A. A written nonconformity statement shall include:

1. The ownership of the lot or parcel;

2. If the nonconformity involves the keeping of more than four large domestic animals on a vacant or developed lot or parcel, or on any combination of contiguous lots or parcels which are owned or under the control of the same individual, a statement identifying the owner of each animal kept on the subject property;

3. The conditions for which the waiver is requested;

4. Permission from the owner for a city representative to enter upon said lot or parcel to verify the nonconforming condition; and

5. Any additional information, as required by the director.

B. Upon submittal of the written nonconformity statement to the director, the director or their representative shall verify the nonconforming condition through a site visit to the property. Upon verification of the nonconforming condition, the director shall keep on file a record of the nonconforming condition.

C. Except as provided below, the acceptance and verification of a written nonconformity statement by the director shall permit the nonconforming condition to continue in perpetuity:

1. The boarding of five to eight large domestic animals on a lot or parcel or on any combination of contiguous lots or parcels which are owned or under the control of the same individual, shall be permitted to continue until the lots or parcels are sold or transferred, or until February 1, 2007, whichever time period is longer. For purposes of this section, change of ownership shall not include inter-spousal transfers in cases of divorce, transfers of property to the transferor's children or inheritance by a spouse or child.

2. Nonconforming conditions involving the boarding of more than eight large domestic animals shall be discontinued within 12 months after the effective date of the ordinance codified in this title.

3. The provisions of subsections (C)(1) and (2) of this section shall not apply to any lot or parcel or combination of contiguous lots or parcels which are owned or under the control of the same individual where the boarding of five or more large domestic animals was being conducted lawfully on July 1, 1975. In such cases, the acceptance and verification of the written nonconformity statement by the director shall permit the nonconforming condition to continue in perpetuity.

D. The director shall cause each nonconformity statement which is issued to be recorded with the county recorder. The recorded document shall clearly describe the uses and/or structures that are allowed to continue on the property.

E. If no written nonconformity statement has been submitted to the director pursuant to this section, or if the property owner does not allow the director or their representative to verify the nonconforming condition, it shall be presumed that the nonconforming condition was illegal at the time of adoption of this chapter.

F. If the owner of the property for which a written nonconformity statement was submitted in 1997, or any resident, files a timely challenge to the director's determination of the number of large domestic animals that were kept on the property as of February 1, 1997, based on the challenger's statement that the number of large domestic animals that were kept on the property fluctuated in 1997 such that the number of large domestic animals that were kept on the property as of that time cannot be determined accurately, the city council may approve up to the maximum number of large domestic animals that the property owner testifies were kept on the property at any time during the calendar year 1997, provided that:

1. The number that is approved does not exceed that maximum number of large domestic animals that could have been kept lawfully on the property as of February 1, 1997; and

2. The city council finds that the size and shape of the property and the nature and condition of the horse facilities are adequate for the keeping of the number of large domestic animals that is approved.

(Code 1981, § 17.46.080; Ord. No. 78(part), 1975; Ord. No. 90, § 2(part), 1977; Ord. No. 320, § 7(part), 1997; Ord. No. 325U, § 1, 1997; Ord. No. 366, § 7, 2001)

In addition to general zone change procedures, pursuant to chapter 17.68 (Zone Changes and Code Amendments) of this title, the following provisions shall apply to all applications for the establishment of an Equestrian Overlay (Q) District:

A. An Equestrian Overlay (Q) District may be established where the proposed district contains not less than five acres and is separated by a buffer area of not less than 35 feet from any lot or parcel of land which is used for residential purposes or is located in a residential zone and which is not within the Equestrian Overlay (Q) District. Such buffer area must be permanently established and may consist of either a public or private easement (other than a riding trail), a public street, highway or any other appropriate topographical separation which will provide an equivalent buffer area in keeping with the intent of this chapter.

B. A petition for the establishment of an Equestrian Overlay (Q) District shall be signed by a majority of the property owners within the area under consideration as shown on the latest available assessment roll of the county. With each petition, the applicant also shall file:

1. A map drawn to a scale specified by the director, showing the location of all highways, streets, alleys and the dimensions of all lots or parcels of land within the proposed district and within 500 feet from the exterior boundaries of the property under consideration;

2. A list of the names and addresses of all persons who are shown on the latest available assessment roll of the county as owners of the property within the proposed district and as owning property within a distance of 500 feet from the exterior boundaries of the proposed district;

3. Such other information as the director may require. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.

C. The planning commission shall hold a public hearing on the petition. The planning commission shall cause notice of such hearing to be sent by first class mail, postage prepaid, to all persons listed on the petition.

D. Prior to making a recommendation on a petition, the planning commission may forward the petition request to the equestrian committee for review.

E. The planning commission shall recommend approval of a petition requesting the establishment of an Equestrian Overlay (Q) District to the city council for amendment to this title where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:

1. The horses and other large domestic animals kept or maintained within the proposed district will not jeopardize, endanger or otherwise be detrimental to the public health, safety or general welfare;

2. The keeping or maintaining of horses and other large domestic animals within the proposed district will not be a material detriment to the use, enjoyment or valuation of property of other persons in the vicinity of the proposed district; and

3. That the lots or parcels within the proposed district are adequate in size and shape to accommodate horses and other large domestic animals.

F. The planning commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate the findings required by subsection E of this section to the satisfaction of the planning commission.

G. The planning commission in recommending approval of the establishment of an Equestrian Overlay (Q) District may impose such conditions it deems necessary to ensure that animals permitted in such district will be kept or maintained in accord with the findings required by subsection (E) of this section. However, in no instance may the commission impose conditions that are less stringent than the standards and regulations contained in this chapter. Conditions imposed by the planning commission may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:

1. The number and location of animals;

2. The type and construction of corrals, stables or other structures used for the housing of such animals;

3. Fencing requirements;

4. Required setbacks; and

5. The inclusion of riding areas and/or bridle trails within the proposed district.

(Code 1981, § 17.46.090; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)