Loading...
CC RES 2011-095 RESOLUTION NO. 2011-95 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. 002 (CASE NO. ZON2011-00292), FOR THE PROPERTY LOCATED AT 50 NARCISSA DRIVE. WHEREAS, on October 17, 2000, the City Council adopted Resolution No. 2000- 70, thereby approving Conditional Large Domestic Animal Permit (CLDAP) No. 002 for the Ride-to-Fly organization. This CLDAP allows the keeping of up to 4 horses on the subject property and the operation of the "Ride-to-Fly" therapeutic riding program on a 1.16-acres property. The permit was granted for an initial period of two (2) years; 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 No. 002; 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. 002; 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. 002; and, WHEREAS, on October 17, 2011, the applicant submitted a written request to extend Conditional Large Domestic Animal Permit No. 002 for an additional period of five years; and, WHEREAS, the application was deemed complete for processing on October 25, 2011; 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. 002 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 Planning Commission held a duly noticed public hearing on November 22, 2011 at which time all interested parties were given an opportunity to be heard and present evidence, and adopted Resolution No. 2011-38, thereby recommending that the City Council approve the extension request; and, • WHEREAS, after notice issued pursuant to the requirement of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on December 20, 2011 at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL 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. 002 is warranted because the project applicant is a registered non-profit 501(c)(3) corporation. As part of the approval for CLDAP No. 002, the applicant submitted evidence to the City that Ride-to-Fly is a non-profit 501(c)(3) corporation. Furthermore, the conditions of approval require that Ride-to-Fly 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. 002 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 2000, and the Ride-to-Fly organization has continued to operate it in compliance with the conditions of approval set forth in Resolution No. 2000-70. 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. 002 is warranted because the number of horses that are allowed to be kept and boarded on the property, and the operation of a therapeutic 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 four (4) 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 Ride-to-Fly programs or activities on the site. Sec tion 4: The proposed extension of Conditional Large Domestic Animal Permit No. 002 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 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 2000, and the Ride-to-Fly organization continues to operate in compliance with the conditions of approval set forth in Resolution No. 2000-70. Thus, the continued operation of the Ride-to-Fly organization on this site has not led to any significant cumulative impacts to the Resolution No. 2011-95 Page 2 of 3 community since its commencement in 2000, 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. 002 (Case No. ZON2011-00292), 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 20th day of December 2011. \\\PA Mayor Attest: (?4,1-1 ked-e- 2-4,0 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. 2011-95 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 20, 2011. (La_-Alitiftfl-C- City Clerk Resolution No. 2011-95 Page 3 of 3 Exhibit `A' Conditions of Approval Resolution No. 2011-95 Extension of Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2011-00292) 1. Approval of this extension to Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2011-00292) 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. Conditional Large Domestic Animal Permit No. 002 is hereby extended for a period of five (5) years, with an expiration date of December 19, 2016. The permit may be extended beyond this date provided an extension request is submitted to the City prior to the December 19, 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 DECEMBER 20, 2011] Unless modified herein, the following conditions of approval set forth in Resolution No. 2002-85, adopted by the City Council on October 1, 2002, December 7, 2004 and December 19, 2006, shall be complied with at all times: 3. 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. 4. 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. This approval also includes the installation of "soft" paving in the off-street parking area along Narcissa Drive and the repair of existing perimeter fencing and installation of additional landscape Resolution No. 2011-95 Exhibit A Page 1 of 5 screening. 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. Otherwise, any substantive change to the approved use shall require review by the Planning Commission and approval by the City Council of a revision to Conditional Large Domestic Permit No. 002, and shall require new and separate environmental review. 5. The use of the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-2 and Equestrian Overlay (Q) district development standards of the City's Municipal Code. 6. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the City Council after conducting a public hearing on the matter. 7. 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 Conditional Large Domestic Animal Permit revision must be approved prior to the commencement of the approved use. 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. The approval of the Conditional Large Domestic Animal Permit No. 002 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 five (5) years, with an expiration date of December 19, 2016, 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. 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. 002 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; Resolution No. 2011-95 Exhibit A Page 2 of 5 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. [MODIFIED BY THE CITY COUNCIL ON DECEMBER 20, 2011] 10. 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. 11. A maximum of four (4) horses belonging to the applicant may be kept on the subject property at any time. 12. 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 Community Development Director or, at his/her discretion, the Planning Commission and/or City Council. 13. 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. Resolution No. 2011-95 Exhibit A Page 3 of 5 14. The approved days and hours of operation for the therapeutic riding program are limited as follows: Tuesday through Friday: 10:00 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to accumulate in any regular, intermittent or seasonal watercourse. 20. The property shall be maintained so that there is no standing surface water or ponding within areas in which horses are kept. Resolution No. 2011-95 Exhibit A Page 4 of 5 21. 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. 22. The applicant shall carry out a program of fly control through such means as traps, pesticides or natural predators. 23. No structure or enclosure for the keeping of the horses shall be constructed or maintained in any regular, intermittent or seasonal watercourse. Resolution No. 2011-95 Exhibit A Page 5 of 5