HomeMy WebLinkAbout17 - Santa Ana Heights REQ Code Amendment_PA2013-114 - Correspondence"RECEIVED AFTER AGENDA
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City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Removal of requirement for an annual use permit. Project file
No PA 2013 -114
My wife and I reside on Cypress Street in the equestrian district of
Newport Beach. For the past several years we have been
attempting to get the city code enforcement to require compliance
with zoning regulations which permit 3 to 6 horses for recreation
enjoyment on a parcel greater than 15,000 square feet. However,
some of our neighbors apparently continue to use their property for
commercial boarding horses, and for giving riding lessons in their
back yards. I have been told that
fifty horses illegally boarded in our equestrian
district. In order to skirt the law, owners boarding horses, sell their
horse to owners of the land for a nominal consideration, but really
continue to own the horse and pay boarder over $500 per month to
house each horse. City code enforcement is apparently aware of
the above ruse, as well as, my neighbor advertising rental space for
horses. City code enforcement has also stated to me that the city
had no proof of ownership and no way to access our neighbor's
property and thus couldn't stop the fraudulent practice. To this
day, owners continue to operate the business of housing other
people's horses and teaching riding lessons under the name of
Cypress Bay Farms. They can be reached at (949) 302 -4955.
Whenever questioned about giving riding lessons, the owner states
that the lessons are for friends of the family.
Code enforcement has also indicated to me that violators would be
fined, but are apparently reluctant to fine land owners running a
business boarding horses and has no power to force violators from
not running a business. Some of the violations we have
experienced are as follows:
1. Boarding nine horses for over three years.
2. Running a commercial boarding facility.
3. Giving riding lessons in the back yard two or three times a
week. See enclosed picture
4. Dunning raw sewage from horses into Cypress Street
5. Building a shed on property line.
6. Tilling hardpan clay soil causing excessive dust to deposit in
our back yard.
If the city only has the ability to fine violators, how does it get
violators to cease and desist? Limiting itself to fining puts city in
court, -- -
In closing I pose the following questions:
1. Do you really believe that many owners of horse properties
own and house three to six horses for their personal
enjoyment and not for the substantial cash revenue they
would receive when renting out spaces?
2. Should the city not'continue to have an enforcement tool
which can withhold a permit if the owner is running a
business of housing horses or giving riding lessons
3. Lastly, if the city limits itself to fining, isn't the city more
likely to incur substantial litigation costs?
4V46&-�,
Richard Lehn
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