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PC RES 2023-013 P.C. RESOLUTION NO. 2023-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE A REQUEST TO RENEW AND REVISE CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 FOR AN ADDITIONAL T E N (10) YEARS AND EXTEND THE DAYS OF OPERATION TO INCLUDE SUNDAY FOR THE FIRST FIVE (5) YEARS OF THE PERMIT RENEWAL PERIOD FOR THE PROPERTY LOCATED AT 50 NARCISSA DRIVE (CASE NO. PLDC2023-0002). WHEREAS, on October 17, 2000, the City Council adopted Resolution No.2000-70, approving Conditional Large Domestic Animal Permit (CLDAP) No. 2 for the keeping of 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 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, 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, 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 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 15, 2011, the City Council adopted Resolution No. 2011-89, granting a 5-year extension to CLDAP No. 5; and, WHEREAS, on November 22, 2011, the Planning Commission adopted P.0 Resolution No. 2011-38, thereby recommending that the City Council grant a five-year extension to CLDAP No. 2; and, WHEREAS, on December 20, 2011, the City Council adopted Resolution No. 2011-95, P.C. Resolution No. 2023-13 Page 1 of 9 granting a five-year extension to the CLDAP No. 2, setting the expiration date as December 19, 2016; and, WHEREAS, on September 30, 2016, the applicant submitted a written request to extend CLDAP No. 2 by five additional years. On October 27, 2017 the application as 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 off-street parking spaces from 10 spaces to 20 spaces; and WHEREAS, on March 14, 2017, the Planning Commission, adopted P.0 Resolution No. 2017-10, recommending that the City Council approve a revision to CLDAP No.2 for the Ride-to-Fly therapeutic program to: 1) extend the existing entitlements for 7 additional years, and 2) extend the operating hours on Tuesdays through Fridays to 9:00 AM to 5:00 PM, or sunset, whichever is earlier; and WHEREAS, on April 18, 2017, the City Council adopted Resolution No. 2017-15 to amend CLDAP No. 2 to 1) Extend the existing entitlement for 7 additional years, 2) extend operating hours on Tuesdays through Fridays to 9:00 AM to 5:00 PM or sunset, whichever is earlier. WHEREAS, on July 5, 2023, the Applicant submitted a request to renew and extend the permit by 10 years; and WHEREAS, on July 5, 2023, Staff deemed the application incomplete for processing due to missing information. The Applicant subsequently submitted additional information for the pending application on August 23, 2023, and the project was deemed complete for processing; and WHEREAS, on September 7, 2023, notice of the application was published in the Peninsula News and mailed to all property owners within a 500-foot radius of the subject site; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources 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, the proposed project has been found to be categorically exempt from CEQA (Class 1 exemption) as it includes the permitting and operation of a use that involves no or negligible expansion of said use; and, WHEREAS, the Planning Commission held a public hearing on September 26, 2023, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: P.C. Resolution No. 2023-13 Page 2 of 9 Section 1: The proposed project is a request to renew and revise CLDAP No. 2 by an additional ten (10) years and extend days of operation to include Sunday, 9:00 AM to 5:00 PM or sunset, whichever is earlier. Operations on Sunday are limited to the first five (5) years of the ten (10) year permit renewal period; whereby at the end of the five (5) year period, the Applicant can request an extension for continued operations on Sunday for the remaining permit renewal period. 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 site has been operating as an equestrian center (i.e. Ride-to-Fly Therapeutic Riding Program), which includes horse keeping, and provides riding, training and educational programs to children and adults with disabilities in a safe nurturing environment. Ride-to-Fly continues to operate according to the conditions of the current Permit, which includes provisions related to the maximum number of horses allowed, the days and hours of operation, and maintenance of sanitary and orderly conditions at the facility. Based on site visits to the area, Ride-to-Fly facilities were found 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. A 10-year extension of the permit and an extension of days of operation to include Sunday for the for the first five (5) years of the permit renewal period, will not result in a detrimental impact on the public health, safety, or general welfare of the community. iii. The Ride-to-Fly organization is currently permitted to board 4 horses on the Property and is not proposing to increase the number of horses. iv. No concerns or complaints from the public have been received related to the operation of Ride-to-Fly since the last permit extension was approved. As such, allowing Ride-to-Fly to continue its status quo operations would not have significant adverse impacts 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, including the expected impacts of temporary construction activities in the area as consideration for permitting operations on Sunday, and the Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2023-13, thereby recommending that the City Council approve a request to renew and revise Conditional Large Domestic Animal Permit No. 2 for an additional ten (10) years and extend the days of operation to include Sunday for the property located at 50 Narcissa Drive (Case No. PLDC2023-0002)." P.C. Resolution No. 2023-13 Page 3 of 9 PASSED, APPROVED AND ADOPTED this 26th day of September 2023, by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI, VICE CHAIR SANTAROSA, AND CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE r aut David Chura Chair - Octavio Silva, Interim Director of Community Development Secretary of the Planning Commission P.C. Resolution No. 2023-13 Page 4 of 9 EXHIBIT 'A' RESOLUTION NO. 2023-13 CONDITIONS OF APPROVAL CASE NO.PLDC2023-0002 REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO.2 50 NARCISSA DRIVE (RIDE-TO-FLY) 1. This approval supersedes all Conditions of Approval that were a part of the original City Council approval under Resolution No. 2000-70 and any subsequent amendments. ADDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15 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 MActions"), 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 APRIL 18, 2017 PER RESOLUTION NO. 2017-15 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 APRIL 18, 2017 PER RESOLUTION NO. 2017-15 5. Pursuant to Section 17.78.040, 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 be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification P.C. Resolution No. 2023-13 Page 5 of 9 AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15 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 APRIL 18, 2017 PER RESOLUTION NO. 2017-15 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 AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15 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 nonconforming structures on the property, unless the approval of such illegal or legal nonconforming 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 APRIL 18, 2017 PER RESOLUTION NO. 2017-15 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,artment, and is reviewed by the Planning Commission and approved by the City Council. Otherwise, a new Conditional Large Domestic Animal Permit must be approved prior to the commencement of the approved use AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15 P.C. Resolution No. 2023-13 Page 6 of 9 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 ten (10) years, with an expiration date of December 19, 2033, 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 SEPTEMBER 26, 2023 PER RESOLUTION 2023-13. 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 Director of Community Development 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 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 Director of Community Development 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 Director of Community Development: P.C. Resolution No. 2023-13 Page 7 of 9 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 Saturday: 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 APRIL 18, 2017 PER RESOLUTION NO. 2017-15. 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 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 P.C. Resolution No. 2023-13 Page 8 of 9 i 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. 28. 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. ADDED ON SEPTEMBER 26, 2023PER RESOLUTION NO. 2023-13. 29. The. Applicant is authorized to operate on Sunday, 9:00 AM to 5:00 PM or sunset, whichever is earlier. Operations on Sunday are limited to the first five (5) years of the ten (10) year permit renewal period; whereby at theend of the five (5) year period, the Applicant can request an extension for continued operations on Sunday for the remaining permit renewal period. ADDED ON SEPTEMBER 26, 2023 PER RESOLUTION NO. 2023-13. P.C. Resolution No. 2023-13 Page 9 of 9