CC RES 2011-089 RESOLUTION NO. 2011-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES GRANTING A FIVE-YEAR EXTENSION
OF CONDTIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 005
(CASE NO. ZON2011-00201), FOR THE PROPERTY LOCATED AT
2 WEST POMEGRANATE ROAD.
WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001-45,
thereby approving Conditional Large Domestic Animal Permit (CLDAP) No. 005 for the
Portuguese Bend Pony Club. This CLDAP allows the keeping of up to 17 horses on the
subject property along with providing 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 April 28, 2003, the Portuguese Bend Pony Club submitted a letter
requesting a two-year extension for CLDAP No. 005. Additionally, on June 16, 2003, the
Pony Club submitted a letter requesting to revise the allowable number of animals kept on
the property from seventeen (17) to twenty-one (21); and,
WHEREAS, on August 14, 2003, the Equestrian Committee adopted EC Resolution
No. 2003-01, thereby recommending approval of the Pony Club's requests to the City
Council; and,
WHEREAS, on September 16, 2003, the City Council considered the Equestrian
Committee's recommendation and adopted Resolution No. 2003-77, thereby granting the 2-
year extension of CLDAP No. 005, but denying the request to increase the number of
horses permitted; and,
WHEREAS, on May 11, 2006, the Equestrian Committee adopted EC Resolution
No. 2006-01, thereby recommending approval of the Pony Club's requests to the City
Council; and,
WHEREAS, on August 1, 2006, the City Council considered the Equestrian
Committee's recommendation and adopted Resolution No. 2006-58, and granted a 5-year
extension of CLDAP No. 005; and,
WHEREAS, on July 19, 2011, the Pony Club requested another 5-year extension of
CLDAP No. 005; and,
WHEREAS, on October 11, 2011, due to the fact that the Equestrian Committee no
longer exists, the Planning Commission reviewed the CLDAP extension request and
adopted P.C. Resolution No. 2011-34, thereby recommending that the City Council grant a
5-year extension of CLDAP No. 005; 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 extension of approval of Conditional Large
Domestic Animal Permit No. 005 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, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on
November 15, 2011 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 extension of Conditional Large Domestic Animal Permit
No. 005 is warranted because the project applicant is a registered non-profit 501(c)(3)
corporation. As part of the approval for CLDAP No. 005, the applicant submitted evidence
to the City that the Pony Club still is a non-profit 501(c)(3) corporation. Furthermore, the
conditions of approval require that the Pony Club submit evidence on an annual basis of the
continual 501(c)(3) status.
Section 2: The proposed extension of Conditional Large Domestic Animal Permit
No. 005 is warranted because the permit will not be detrimental to the public health, safety,
or general welfare. The equestrian facility has been in operation on the site since Fall 2001,
and the Pony Club has continued to operate it in compliance with the conditions of approval
set forth in Resolution No. 2001-45. More specifically, the site has generally been kept in
good condition and maintained in a clean manner. The corrals are kept in a clean
condition, and there is not an excessive smell from the manure composting or problems
with flies on site.
Section 3: The proposed extension of Conditional Large Domestic Animal Permit
No. 005 is warranted because the number of horses that are allowed to be kept and
boarded on the property, and the operation of an active outdoor recreational facility with
programs that provide a benefit to youth will not have significant adverse effects upon other
properties in the vicinity of the site. This equestrian facility has continually operated in
compliance with the conditions of approval. Furthermore, the site is sufficient in size and
shape to accommodate the seventeen (17) horses without impacting the other properties in
the area. This is due to the fact that complaints regarding the number of horses on the
property have not been received, and the property has been kept in good condition.
Furthermore, there are no changes to any of the Portuguese Bend Pony Club's programs or
activities on the site.
Section 4: The proposed extension of Conditional Large Domestic Animal Permit
No. 005 is warranted because the cumulative impact, upon the properties in the vicinity of
the site or the community as a whole, will not, in the aggregate, constitute a significant
Resolution No. 2011-89
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adverse impact upon the area. The subject site is located in the Portuguese Bend
Community, which is within an Equestrian Overlay (Q) District. The equestrian facility has
been in operation on the site since the Fall 2001, and the Pony Club continues to operate in
compliance with the conditions of approval set forth in Resolution No. 2001-45. Thus, the
continued operation of the Pony Club on this site has not led to any significant
cumulative impacts to the community since its commencement in 2001, and the
approval of the extension should not create a significant adverse impact upon the area.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council of
the City of Rancho Palos Verdes hereby grants a five-year extension of Conditional Large
Domestic Animal Permit No. 005 (Case No. ZON2011-00201), subject to the conditions
contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to
protect the public health, safety and welfare in the area.
Section 6: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 15th day of November 2011.
Mayor
Attest:
-
City Clerk
State of California )
County of Los Angeles ) ss
City or Rancho Palos Verdes )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the above Resolution No. 2011-89 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on November 15, 2011.
otkx ?
City Clerk
Resolution No. 2011-89
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Exhibit `A'
Conditions of Approval
(Resolution No. 2011-89)
Extension of Conditional Large Domestic Animal Permit No. 5
(Case No. ZON2011-00201)
1. Approval of this extension of Conditional Large Domestic Animal Permit No 005
(Case No. ZON2011-00201) 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.
2. Unless modified herein, the applicant and landowner shall comply with all Conditions
of Approval set forth in Resolution No. 2001-45, adopted by the City Council on
June 5, 2001.
3. The applicant/property owner shall submit to the City a statement, in writing that they
have read, understand and agree to all conditions of approval listed below. Failure to
provide said written statement within ninety (90) days of the effective date of
approval shall render this approval null and void.
4. Conditional Large Domestic Animal Permit No. 002 is hereby extended for a period
of five (5) years, with an expiration date of August 1, 2016. The permit may be
extended beyond this date provided an extension request is submitted to the City
prior to the August 1, 2016 expiration date. If such an extension request is
submitted, the Planning Commission shall review said extension request in an
advisory role and provide a recommendation to the City Council as deemed
appropriate. Subsequently, the City Council shall conduct a noticed public hearing,
at which time the Council may extend the approval of the CLDAP for an additional
period of time to be determined by the City Council, not to exceed five (5) years.
[MODIFIED BY THE CITY COUNCIL ON NOVEMBER 15, 2011]
4. There shall be no more than seventeen (17) horses kept on the property at any time.
Resolution No. 2011-89
Exhibit A
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