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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I live in a residential area of Palmdale, CA (Zone R-1), I

Customer Question

I live in a residential area of Palmdale, CA (Zone R-1), I have three dogs and code enforcement is saying that this area is zoned for only 2 dogs and 2 cats.
Code Enforcement is quoting, Palmdale Zoning Ordinance Article 41.07. I think she is taking it out of context.
The way I read it, outdoor enclosures cannot hold more than 2 dogs and cats may be kept in each.
Per Palmdale Municipal Code Chapter 6.04.010 LA County Code is adopted by reference and the limit is 3 dogs and 5 cats per Title 10, Division 1, 10.20.038.
Am I correct and do I have a case to fight Code Enforcement?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

I am a member of the State Bar of California, the U.S. District Court for the Central District of California (LA/OC metro and surrounding counties), and the California and National Associations of Realtors. Please give me a few minutes to review the various ordinances, so that I may provide a competent answer.

Thanks in advance for your patience.

Expert:  socrateaser replied 1 year ago.

Okay, I'm back. Thanks for your patience.

Palmdale Mun. Code Section 41.07 provides in relevant part: "The following accessory uses are permitted in the R-1 zone, provided that such uses are established on the same lot or parcel of land as the principal dwelling unit and that such accessory uses are incidental to and do not substantially alter the character of any permitted principal use...A. Animal keeping, subject to the following provisions. Outdoor animal enclosures shall be located pursuant to Section 30.09.D....1. Dogs and cats, provided that not more than two (2) dogs and two (2) cats over the age of four (4) months may be kept for each dwelling unit."

Section 16.02.D. defines a "dwelling unit" as: "one (1) or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one (1) family for living and sleeping quarters, and containing only one (1) kitchen, not including hotels or motels."

The ordinance seems pretty straightforward to me, because it limits a "dwelling unit" to two dogs and two cats over the age of four months.

Since I don't know the layout of your property, I can't say whether or not you have more than one dwelling unit per the definition. However, given that you are apparently zoned R-1, I would assume that there is only a single dwelling unit on the property. If so, then the ordinance appears to me to limit the number of dogs and cats to two animals of each species.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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