Board: No permit for animal rescue home
Some residents say Old Souls was not compatible with residential area
The Yuma County Board of Supervisors did not approve a new special use permit for Old Souls Animal Rescue and Retirement Home Monday night, with a 3-to-2 vote that did not meet the minimum of four votes that was required, due to the number of property owners within 300 feet who had voiced their opposition to it.
The nonprofit organization had been operated for two and a half years out of Paula and Issac Rivadeneiras’ home at 11262 S. Holland Ave., taking in elderly and sick dogs and other animals who had been abandoned by their owners, or had owners who could no longer take care of them due to their own health or other life circumstances.
Their work has gotten support from throughout the community and the world, with one online petition gathering 305,000 signatures. But 24 out of the approximately 36 property owners within the Buntin Estates subdivision just west of Yuma had signed a petition asking the county to deny the permit.
Several Buntin Estates residents said the operation of the animal rescue was not compatible with their residential area, bringing higher traffic down the unpaved streets.
Sonny Hickson, who has lived across the street from the Old Souls site, said he has talked to many residents since the current situation flared up: “When everybody moved into that neighborhood, it’s a small
neighborhood. Everybody who wants it comes to that neighborhood because there’s nobody there. If somebody goes down my road, we know they don’t belong.”
Some also said it also created noise and odors and attracted insects to the area, and many of their activities violated the subdivsion CC&Rs, though the county does not enforce these and there is no active homeowners association.
He and others said the actions of the Old Souls owners, and Facebook posts left by their supporters, left them feeling threatened and unsafe in their own homes, as tensions flared higher during a court case in which a next-door neighbor sought a harassment injunction against the Rivadeneiras.
“From what I’ve seen on Facebook, what happened there is inexcusable, and in my opinion it’s 95 percent of the reason we’re here tonight,” District 2 Supervisor Russell McCloud said.
He said he was inclined at first to deny the permit outright due to the level of opposition, but proposed giving the rescue an 18-month permit, which would allow more time either mending of the neighborhood relations or relocating the rescue.
He voted for it along with District 1 Supervisor Martin Porchas and District 5 Supervisor Lynne Pancrazi, but the board chair, Tony Reyes from District 4 and District 3 Supervisor Darren Simmons voted no, killing the motion. No other motions were suggested.
“You can say it’s lack of communication, or the right thing in the wrong place or in some ways the county response could have helped prevent this, but I am going to have to vote with the neighborhood and vote no,” Reyes said.
He and Simmons said the organization appeared to be providing good care for their animals, but the number of nearby residents coming out against the permit just made it impossible for them to support it.
Paula Rivadeneiras could not be reached for comment after the meeting.
Porchas said lack of communication appeared to be an issue on both sides, as noted by a young man who volunteers at Old Souls and spoke in favor of the permit.
He said none of the neighbors ever appeared to make the Rivadeneras’ feel welcome, and “If a 17-year old had to tell us that communication is the key, then I really think it’s a problem in this neighborhood.”
Old Souls was seeking a special use permit for what the county considered a “kennel operation,” which would allow them to have up to 18 dogs, versus the six per household normally allowed with their low density residential zoning. Rivadeneiras said she currently has 11 dogs at the “Old Souls Hacienda.”
The permit had parking and other restrictions as well. The county planning commission recommended approval of the permit with a 12-month timeframe at its Sept. 25 meeting, with a 7-2 vote.
She said she did not know a special use permit was required, after calling the county twice and being told she did not need any business license.
As many pointed out, few of the neighborhood complaints have much to do with the old and ill dogs, who for the most part stay
indoors. There are other animals on the Old Souls property, including two horses and two potbellied pigs that are considered “large farm animals,” of which they can have four under current zoning.
There are also numerous “small farm animals” including chickens, and rabbits that are not given specific limits in that neighborhood. Their tortoises also fall into that category, but there was confusion at all levels on which categories goats fall into.
Rivadeneiras said all of these animals can and will stay regardless of what happened with the permit.