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PC RES 2017-010 P.C. RESOLUTION NO. 2017-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2, THEREBY 1) EXTENDING THE EXISTING ENTITLEMENT FOR SEVEN ADDITIONAL YEARS AND 2) EXTENDING THE OPERATING HOURS ON TUESDAY THROUGH FRIDAY TO 9 AM TO 5 PM OR SUNSET, WHICHEVER IS EARLIER AT 50 NARCISSA DRIVE (CASE NO. 2016-00465). WHEREAS, on October 17, 2000, the City Council adopted Resolution No. 2000- 70, thereby conditionally approving Conditional Large Domestic Animal Permit (CLDAP) No. 2 for the keeping of four (4) horses and the operation of the "Ride-to-Fly" therapeutic riding program on a 1.16-acre property located at 50 Narcissa Drive; and, WHEREAS, on August 8, 2002, the Equestrian Committee (EQ) recommended that the City Council grant a two-year extension to CLDAP No. 2 and modify certain conditions of approval; and, WHEREAS, on October 1, 2002, the City Council adopted Resolution No. 2002- 85, thereby granting a two-year extension to Conditional Large Domestic Animal Permit (CLDAP) No. 2 with modified conditions of approval; and, WHEREAS, on October 14, 2004, the Equestrian Committee recommended that the City Council grant a two-year extension to CLDAP No. 2; and, WHEREAS, on December 7, 2004, the City Council adopted Resolution No. 2004-106, thereby granting a two-year extension to Conditional Large Domestic Animal Permit No. 2; and, WHEREAS, on November 9, 2006, the Equestrian Committee, based on the then-operations, recommended that the City Council grant a five-year (as opposed to two years) extension to CLDAP No. 2 and modify certain conditions of approval; and, WHEREAS, on December 19, 2006, the City Council adopted Resolution No. 2006-98, thereby granting a five-year extension to Conditional Large Domestic Animal Permit No. 2; and, WHEREAS, on November 22, 2011, the Planning Commission (P.C.) adopted P.C. Resolution No. 2011-38, thereby recommending that the City Council grant a five- year extension to CLDAP No. 2 (it should be noted that the Planning Commission has functioned as the Equestrian Committee since its disbandment July 7, 2009); and, WHEREAS, on December 20, 2011, the City Council adopted Resolution No. 2011-95, thereby granting a five-year extension to the CLDAP No. 2, setting the expiration date as December 19, 2016; and, WHEREAS, on the September 30, 2016, the applicant submitted a written request to extend CLDAP No. 2 by five additional years. On October 27, 2017 the application was deemed incomplete pending submittal of additional information; and, WHEREAS, on November 16, 2016, the applicant submitted additional information including a request to expand the number of off-street parking spaces from 10 spaces to 20 spaces. The application was deemed incomplete pending submittal of additional information; and, WHEREAS, the applicant submitted additional information and the application was deemed complete for processing on February 6, 2017; and, WHEREAS, On February 16, 2017, a public notice was mailed to all property owners within a 500 foot radius of the subject site in accordance with Rancho Palos Verdes Code Section 17.80.090 and published in the Palos Verdes Peninsula News pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that the Revision to CLDAP No. 2 will have a significant effect on the environment and, therefore, the review has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 14, 2017 at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The proposed project is a request to revise CLDAP No. 2 to 1) extend the existing entitlement for five additional years and 2) extend the operating hours on Tuesday through Friday to 9:00 AM to 5:00 PM or sunset, whichever is earlier. Section 2: The proposed revision to CLDAP is warranted because: i. The project Applicant (Ride-to-Fly) is a registered non-profit 501(c)(3) corporation. ii. The permit, if issued, will not be detrimental to the public health, safety P.C. Resolution No. 2017-10 Page 2 of 9 or general welfare. More specifically, the Ride-to-Fly organization has operated a therapeutic riding program and maintained four (4) horses on the subject property since 2000. Pursuant to Council-adopted Condition No. 14 of Resolution No. 2011-95, the operation hours for the facility is 10AM to 5PM on Tuesday through Friday and 9AM to 5PM on Saturday. The applicant proposes to begin its operation one hour earlier on Tuesday through Friday from 10AM to 9AM with no changes proposed on Saturday. Specifically, in the summer, the afternoon heat is not good for many of the rider's disabilities and the proposed time change would allow sessions to begin an hour earlier to avoid the summer heat. Additionally, the site appears to be in good sanitary condition with proper fly control and frequent waste disposal with no excessive smell from the manure composting or problems with flies on site. Furthermore, the perimeter fencing are properly maintained and buildings and corrals are kept in a clean manner. iii. Any increase in the number of animals that would otherwise be allowed by the provisions of Chapter 17.46 of this title to be kept or boarded on the property and/or 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 will not have significant adverse effects upon other properties in the vicinity of the site. The Ride-to-Fly organization is currently permitted to board four (4) horses on the property and is not proposing to increase the number of horses. iv. The cumulative impact, should the requested permit be issued, upon the properties in the vicinity of the site or the community as a whole, shall not, in the aggregate, constitute a significant adverse impact upon the area. More specifically, allowing Ride-to-Fly to continue its status quo operations would not have significant adverse impact upon the area. v. The Planning Commission recommends extending CLDAP No. 2 for an additional seven years rather than the requested five years. Section 3: The Planning Commission's action is advisory only, with the final decision to be made by the City Council. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2017-10, thereby recommending that the City Council approve a Revision to the Conditional Large Domestic Animal Permit No. 2, thereby 1) extending the existing entitlement by seven additional years and 2) extending the operating hours on P.C. Resolution No. 2017-10 Page 3 of 9 Tuesday through Friday to 9:00 AM-5:00 PM or sunset, whichever is earlier, subject to the conditions of approval set forth in the attached Exhibit 'A.' PASSED, APPROVED AND ADOPTED this 14th day of March 2017, by the following vote: AYES: COmmissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank, Chairman Tomblin NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE 4 I I I I CORI• , David L. Tomblin .111110 Chairman Ara Mihranian7fg" Community Development Director; and, Secretary to the Planning Commission P.C. Resolution No. 2017-10 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL CASE NO. ZON2016-00465 REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 50 NARCISSA DRIVE (RIDE-TO-FLY) 1. This approval supersedes all Conditions of Approval that was part of the original City Council approval under Resolution No. 2011-95 and any subsequent amendments. ADDED ON MARCH 14, 2017 PER P.C. RESOLUTION NO. 2017-10 2. Prior to the commencement of the use permitted by this approval, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 3. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. ADDED ON MARCH 14, 2017 PER P.C. RESOLUTION NO. 2017-10 4. Approval of this permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal code shall apply. AMENDED ON MARCH 14, 2017 PER P.C. RESOLUTION NO. 2017-10 5. The Community Development Director is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Substantial changes to the project shall require P.C. Resolution No. 2017-10 Page 5 of 9 approval of a revision by the final body that approved the original project, which may require new and separate environmental review and public notification. AMENDED ON MARCH 14, 2017 PER P.C. RESOLUTION NO. 2017-10 6. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the RS-2 residential development standards and Equestrian Overlay (Q) district standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. AMENDED ON MARCH 14, 2017 PER P.C. RESOLUTION NO. 2017-10 7. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code or administrative citations as described in Section 1.16 of the City's Municipal Code. 8. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 10. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non-conforming structures on the property, unless the approval of such illegal or legal non-conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. Project Specific Conditions: 11. This approval is for the keeping of four (4) horses and the operation of a therapeutic riding program on a 1.16-acre vacant, contiguous property in the Portuguese Bend Equestrian Overlay (Q) District, located at 50 Narcissa Drive. AMENDED ON MARCH 14, 2017 PER P.C. RESOLUTION NO. 2017-10 12. If the use approved by this permit has not been established within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department, and is reviewed by the Planning Commission and approved by the City Council. Otherwise, a P.C. Resolution No. 2017-10 Page 6 of 9 Conditional Large Domestic Animal Permit revision must be approved prior to the commencement of the approved use. 13. The approval of the Conditional Large Domestic Animal Permit No. 2 is granted to the applicant ("Ride-to-Fly") and not to the owner of the subject property (George and Leanne Twidwell). The extension of this permit shall be valid for a period of seven (7) years, with an expiration date of December 19, 2023, and for as long as the applicant continues to utilize the property where the program is conducted in accordance with the terms of this Resolution. The permit may be extended beyond this date provided a written request for an extension is submitted to the City prior to the expiration date and approved by the City Council. AMENDED ON MARCH 14, 2017 PER P.C. RESOLUTION 2017-10 14. If the applicant discontinues, vacates or abandons the use of the property where the facility or program is conducted, the rights, privileges and obligations granted by Conditional Large Domestic Animal Permit No. 2 shall terminate and shall not revert to the property owners. The permit shall also be terminated upon the occurrence of any of the following: a. The subject lot or parcel is subdivided, reduced in size or is combined with one or more other lots or parcels; b. A violation of any of the conditions upon which the permit was granted, after a duly-noticed public hearing before the Planning Commission and City Council; c. The applicant discontinues, vacates or abandons the use of the subject lot or parcel in accordance with the terms of the approved permit for a period of more than one hundred eighty (180) days; d. The property owners rescind the authorization for the use of the property by the applicant; or, e. The applicant no longer qualifies for registered non-profit 501(c)(3) status, as described in Section 17.78.010 of the Rancho Palos Verdes Development Code. 15. Proof of the registered non-profit 501(C)(3) status of the applicant must be provided to the Community Development Director on an annual basis. In addition, the applicant shall notify the Director in writing within thirty (30) days of any change in non-profit status. 16. No additional structures are permitted by this approval and the existing structures and facilities on the site shall maintain the minimum 35-foot sanitary setback P.C. Resolution No. 2017-10 Page 7 of 9 specified in Section 17.46.060(A)(1) of the Rancho Palos Verdes Development Code. Any future relocation of the structures and facilities on the site shall be subject to review and approval by the Community Development Director or, at his/her discretion, the Planning Commission and/or City Council. 17. The applicant shall be responsible for completing the following tasks, to the satisfaction of the Community Development Director: a. Maintain the existing perimeter fencing around the corrals; b. Maintain landscape screening along the perimeter of the corrals, especially along the Narcissa Drive frontage of the property; and, c. Maintain the "soft" paving such as decomposed granite in the off-street parking area along Narcissa Drive, subject to the authorization of the Portuguese Bend Community Association. 18. The approved days and hours of operation for the therapeutic riding program are limited as follows: Tuesday through Friday: 9:00 AM to 5:00 PM or sunset, whichever is earlier Saturdays: 9:00 AM to 5:00 PM or sunset, whichever is earlier Any proposal to change the days and/or hours of operation requires the review of the Planning Commission and the approval of the City Council. AMENDED ON MARCH 14, 2017 PER P.C. RESOLUTION NO. 2017-10 19. Off-street parking shall only be provided along Narcissa Drive frontage of the subject property. No more than ten (10) vehicles may be parked on the site at any time. All vehicles must be parked so as not to infringe upon the paved roadway of Narcissa Drive or to otherwise interfere with the passage of motorists, pedestrians or equestrians by the site. 20. The applicant shall ensure that the site is visited daily to feed and water the horses, verify the status of the horses' condition and health, and inspect the condition and integrity of the horses' enclosure. 21. A weatherproof notice setting forth the name of the person(s) responsible for the horses and a phone number(s) to be called in the event of an emergency shall be displayed on, or in the vicinity of, the enclosure in which the horses are kept. 22. The applicant 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 P.C. Resolution No. 2017-10 Page 8 of 9 accumulate, run off 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 minimize offensive odors. 23. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to accumulate in any regular, intermittent or seasonal watercourse. 24. The property shall be maintained so that there is no standing surface water or ponding within areas in which horses are kept. 25. 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. 26. The applicant shall carry out a program of fly control through such means as traps, pesticides or natural predators. 27. No structure or enclosure for the keeping of the horses shall be constructed or maintained in any regular, intermittent or seasonal watercourse. P.C. Resolution No. 2017-10 Page 9 of 9