PC RES 2023-004 P.C. RESOLUTION NO. 2023-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING THAT THE
CITY COUNCIL APPROVE A REQUEST TO RENEW
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR
AN ADDITIONAL T E N YEARS AT 2 WEST POMEGRANATE
ROAD (CASE NO. PLDC2023-0001).
WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001-45,
approving Conditional Large Domestic Animal Permit ("CLDAP") No. 5 for the Portuguese
Bend Pony Club. This CLDAP allows the Pony Club to keep up to 17 horses on the
subject property and provide riding lessons, training and educational programs. The
permit was granted for an initial period of two (2) years; and,
WHEREAS, pursuant to the conditions of approval, a six-month review (from the
time the Applicant began use of the site) of the CLDAP was conducted by the Equestrian
Committee and the City Council on July 11, 2002 and September 3, 2002, respectively;
and,
WHEREAS, on August 14, 2003, the Equestrian Committee adopted E.C.
Resolution No. 2003-01, recommending that the City Councilrant a 2-year extension to
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CLDAP No. 5 and allow an increase in the number of horses from 17 to 21; and,
WHEREAS, on September 16, 2003, the City Council adopted Resolution No.
2003-77, granting a 2-year extension to CLDAP No. 5 and a fee waiver for a Grading
Permit. The City Council denied the request to increase the number of horses on the
property; and,
WHEREAS, on May 11, 2006, the Equestrian Committee adopted E.C. Resolution
No. 2006-01, recommending a 5-year extension to CLDAP No. 5 to the City Council; and,
WHEREAS, on August 1, 2006, the City Council adopted Resolution No. 2006- 58,
granting a 5-year extension to CLDAP No. 5; and,
WHEREAS, on October 11, 2011, the Planning Commission in its function as the
City's Equestrian Committee, adopted P.C. Resolution No. 2011-34, recommending that
the City Council grant a 5- year extension to CLDAP No. 5; and,
WHEREAS, on November 15, 2011, the City Council adopted Resolution No.
2011-89, granting a 5-year extension to CLDAP No. 5; and,
WHEREAS, on January 24, 2017, the Planning Commission adopted PC Resolution
No. 2017-03 recommending that the City Council another five-year extension to CLDAP No.
5; and,
WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 2017-
P.C. Resolution No. 2023-04
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07, granting a 5-year extension to CLDAP No. 5, with a new expiration date of November
15, 2021, extending the operating hours to between 8:00AM to 8:00PM, and allowing the
installation of four, 10-foot-tall light posts with two lamps each to illuminate two existing
corrals. The extension granted by Resolution No. 2017-07 has expired; and,
WHEREAS, on January 6, 2023, the Applicant submitted a request to renew and
extend the permit t by 10 years. The Applicant submitted a request after the expiration
date of November 15, 2021 due to COVID-19-related disruptions to staffing at the
volunteer-run Pony Club. Additionally, City staff were unaware of the expiration date due
to staff turnover and not having the CLDAP on a tickler list to alert staff of the upcoming
permit expiration; and
WEREAS, on March 6, 2023, Staff deemed the application incomplete for
processing due to missing information; and,
WHEREAS, on March 20, 2023, the Applicant submitted additional information for
the pending application and the project was deemed complete for processing; and,
WHEREAS, on March 30, 2023, a public notice was mailed to owners of property
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. 5 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 April
25, 2023 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 renew CLDAP No. 5 by 10 years
to allow for the continued operation of the Portuguese Bend Pony Club.
Section 2: The proposed revision to CLDAP is warranted because:
i. The project Applicant (Portuguese Bend Pony Club) is a registered non-
profit 501(c)(3) corporation.
ii. The permit, if issued, will not be detrimental to the public health, safety or
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general welfare. The subject site has been operating as an equestrian
center (i.e. Portuguese Bend Pony Club), which includes horse keeping,
and provides riding, training and educational programs to its members.
Pursuant to Rancho Palos Verdes Municipal Code ("RPVMC") Section
17.76.115 (B)(6)(b) (Permit Life, Conditional Large Domestic Animal
Permits), the approval of a CLDAP is valid for as long as the applicant
continues to utilize the property where the facility or program is conducted
in accordance with the terms of the approved permit. The City Council may
extend the approval for the permit for an additional period of time not to
exceed ten years. City Council approved CLDAP No. 5 in June 2001 for
an initial 2-year period, and subsequently approved multiple 5-year
extensions of the permit.
The Applicant is requesting a 10-year extension because, as a 501(C)(3)
and entirely volunteer-operated organization, the Pony Club has found it
challenging to renew the permit every 5 years due to the time and cost
involved in preparing the application materials. A 10-year time period would
allow the Pony Club to continue its operations and reduce the time and cost
burden to this non-profit organization. Regardless of the time period, the
CLDAP will be subject to the terms of RPVMC Section 17.76.115(B)(6)(c)
that define situations that would lead to termination of the permit. These
situations include, but are not limited to, a violation of permit conditions, the
property owner rescinding authorization, and loss of 501(c)(3) status.
The previously approved CLDAP, which allowed the installation of four, 10-
foot-tall light posts with two lamps each to illuminate two existing corrals,
required a 6-month review be conducted by the Director; at that time, the
Director evaluated the effectiveness of the conditions for lighting and
potential noise impacts and identified no concerns. The Pony Club
continues to operate according to the conditions of the Permit, which
includes provisions related to the maximum number of horses allowed, the
hours of operation, and maintenance of sanitary and orderly conditions at
the facility. Staff visited the site and found the facility to be clean and well
maintained. Additionally, no complaints have been filed with respect to the
operation of the use since the last permit extension was approved. Allowing
the Applicant's operation to continue status quo for an additional 10 years
would not have significant adverse impact upon the area.
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
Applicant is permitted to keep a maximum of 17 horses on the property.
According to the Applicant, and as confirmed by Staffs observations during
a site visit, there are currently 5 horses on the property. There is no request
to increase the number of horses allowed.
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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.
Staff has received no, concerns or complaints from the public related to the
operations of the Pony Club in the past five years. Allowing the Applicant's
operation to continue status quo would not have significant adverse impact
upon the area.
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. 2023-04, thereby recommending that the City Council approve a renewal
and revision to Conditional Large Domestic Animal Permit No. 5, thereby extending the
permit for ten (10) additional years.
P.C. Resolution No. 2023-04
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PASSED, APPROVED AND ADOPTED this 25th day of April 2023, by the following
vote:
AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI,
AND VICE-CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SANTAROSA
*dtkct4
David Chura
Vice Chair
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Octavio Silva,
Interim Director of Community Development
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5
2 WEST POMEGRANATE ROAD (CASE NO. PLDC2023-0001)
1. This approval supersedes all Conditions of Approval that was part of the original
City Council approval under Resolution No. 2001-45 and any subsequent
amendments.
2. Prior to the submittal of plans into Building and Safety plan check, 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
Exhibit "A". Failure to provide said written statement within ninety (90) days
following the 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.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code shall apply.
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. Any substantial change to the project shall require
approval of a revision by the City Council that approved the original project, which
may require new and separate environmental review.
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 development standards of the City's Municipal Code, including but not limited
to height, setback and lot coverage standards.
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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. Additionally, the
applicant may be subject to administrative citations as described in Section 1.16 of
the City's Municipal Code for failing to comply with and adhering to all of these
conditions of approval.
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 Exhibit "A".
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.
11. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excessmaterial may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the
Rancho Palos Verdes Development Code. During demolition, construction and/or
grading operations, trucks shall not park, queue and/or idle at the project site or in
the adjoining street rights-of-way before 7AM Monday through Friday and before
9AM on Saturday, in accordance with the permitted hours of construction stated in
this condition. When feasible to do so, the construction contractor shall provide
staging areas on-site to minimize off-site transportation of heavy construction
equipment. These areas shall be located to maximize the distance between
staging activities and neighboring properties, subject to approval by the building
official.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste and
debris resulting from a construction, alteration or repair project shall be removed
on a weekly basis by the contractor or property owner. Existing or temporary
portable bathrooms shall be provided during construction. Portable
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bathrooms shall be placed in a location that will minimize disturbance to the
surrounding property owners, to the satisfaction of the City's Building Official.
Project Specific Conditions:
14. This approval allows for the following activities and uses by the Portuguese Bend
Pony Club on the 13.78-acre vacant, non-contiguous property in the Portuguese
Bend Equestrian Overlay ('Q') District, located at 2 West Pomegranate Road:
a) The keeping of a maximum of 17 horses.
b) Riding lessons, training and educational programs.
c) A dressage ring to the south of the existing horse corrals; a turnout ring at
the northeastern area of the subject property; and a stadium arena/ring to
the southeast of the existing horse stalls.
d) Installation of an above ground sprinkler system for the three rings for dust
control.
e) A cross-country course on the southern portion of the site.
f) Installation of four (4), 10-foot tall, light posts with two lamps each to
illuminate the two existing corrals. Each light bulb shall not exceed
approximately 800 lumens or 75 watts whichever is greater. The use of LED
lights shall be prohibited. The light source shall be shielded and not be
directed toward or result in direct illumination of a parcel of property or
properties other than that the existing two corrals. All lighting shall comply
with the Outdoor Lighting for Nonresidential Use standards, under Section
17.56.040 of the Rancho Palos Verdes Municipal Code. All lighting shall be
set to a timer and shall be turned off by 8:30 PM
15. If the applicant has not submitted an application for a building permit for the
approved light standards or not commenced the approved project as described in
Section 17.86.070 of the City' s Municipal Code within 30-days of the final effective
date of this approval, 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 approved by the Planning Commission or City
Council.
16. Within five (5) years from the date of City Council approval, the operation of the
facility, including but not limited to the lighting, shall be reviewed by the Community
Development Director to determine if any conditions of approval shall be added,
deleted or modified, or if the permit shall be revoked. If modifications to these
Conditions of Approval are recommended by the Community Development
Director, the Planning Commission shall review the Director's recommendations
and forward its recommendation to the City Council for its consideration.
17. Conditional Domestic Animal Permit No. 5 is hereby extended for a period of ten
(10) years (ten years from the date of City Council approval for PLDC2023-0001).
This permit may be extended beyond this date provided a written request for
extension is filed prior to expiration with the Community Development Department
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and is approved by the City Council.
18. There shall be no more than seventeen (17) horses kept on the property at any
time.
19. Individual lessons, individual use of horses, small group activities, and typical horse
keeping activities be permitted during the hours of 8:00 AM to 8:00 PM. The
approved days and hours of operation for large group lessons and the group
educational program shall be limited to Saturdays, from 8:00 AM to 8:00 PM.
Further, no Pony Club camp or other similar overnight activities, horse shows or
other special events that will attract riders from other areas shall be conducted at
the site without the approval of a Special Use Permit by the Director of Community
Development. Any proposal to change the day and/or hours of operation requires
approval of the Planning Commission and the City Council.
20. The Applicant shall carry out a program of fly control through such means as traps,
pesticides or natural predators. Further, the applicant shall post a weatherproof
notice setting forth the most recent names and phone numbers of the barn
manager, the Pony Club District Commissioner, and the Pony Club Co- district
Commissioners. Said notice shall be posted outside of the tack room.
21. 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' enclosures.
22. 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.
23. 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 accumulate, run off
or leach so as to create a nuisance or be offensive to other persons in the vicinity
(as determined by Staff). 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.
24. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed in
any regular, intermittent or seasonal watercourse. Further, no structure or
enclosure for the keeping of the horses shall be constructed or maintained in any
regular, intermittent or seasonal watercourse.
25. The property shall be maintained so that there is no standing surface water or
ponding within areas in which the horses are kept.
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26. 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 approved by Staff, shall by
provided as appropriate to assist in screening of corrals and stables, composting
bins and stored hay from public view and from adjacent properties.
27. The Applicant, on an annual basis, will submit an attestation to the Director of
Community Development, in a form acceptable to the City, that the property and
use are fully in compliance with all the conditions of the permit. The form will be
made a part of this permit. The Community Development Department will provide
the attestation form, and will waive any fees that may be required for review of the
form.
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