CC RES 2006-058RESOLUTION NO. 2006-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES GRANTING A FIVE -YEAR
EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL
PERMIT NO. 5 (CASE NO. ZON2005- 00523), FOR 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. 5 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. 5 (Case No. ZON2003- 00198).
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. 5 but denying the request to increase the number of
horses permitted; and,
WHEREAS, on October 10, 2005, the Pony Club requested another 2 -year
extension of CLDAP No. 5 (Case No. ZON2005- 00523); and,
WHEREAS, On May 11, 2006, the Equestrian Committee adopted EC Resolution
No. 2006 -01, thereby recommending approval of the Pony Clu_b's request to the City
Council; 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. 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, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the City Council held a duly noticed public hearing on
August 1, 2006, 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. 5 is warranted because the project applicant is a registered non - profit
501(c)(3) corporation. As part of the approval for CLDAP No. 5, the applicant submitted
evidence to the City that the Pony Club 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. 5 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 continues to operate in compliance with the
conditions of approval set forth in Resolution No. 2001 -45. A small slope failure
occurred on the site as the result of the winter storms of 2005, and the Pony Club has
submitted the necessary grading application (Case No. ZON2006- 00010) to correct this
slope condition and is making timely process to complete the application and correct the
slope condition.
Section 3: The proposed extension of Conditional Large Domestic Animal
Permit No. 5 is warranted because any increase in the number of animals that would
otherwise be allowed by the provisions of Chapter 17.46 of the Development Code 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. As noted in the previous section,
the 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 kept on the property without impacting the other properties in the
area.
Section 4: The proposed extension of Conditional Large Domestic Animal
Permit No. 5 is warranted because the cumulative impact, 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. 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
Resolution No. 2006 -58
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continues to operate in compliance with the conditions of approval set forth in
Resolution No. 2001 -45. The approval of the extension will not create a significant
adverse impact upon the area.
Section 5: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the
California Code of Civil Procedure and other applicable short periods of limitation.
Section 6: 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. 5 (Case No. ZON2005- 00523), 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.
PASSED, APPROVED, AND ADOPTED this 1St day of August 2006.
Attest:
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2006 -58 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 1, 2006.
O a►, -I,--
Resolution No. 2006 -58
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Resolution No. 2006 -58 - Exhibit `A'
Conditions of Approval
Extension of Conditional Large Domestic Animal Permit No. 5
(Case No. ZON2005- 00523)
1. Approval of this extension of Conditional Large Domestic Animal Permit No 5
(Case No. ZON2005- 00523) 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 Domestic Animal Permit No. 5 is hereby extended for a period of five
(5) years, from the date of the approval of the extension by the City Council. At
the conclusion of the five -year period, the City Council shall conduct a hearing, at
which time the Council may extend the approval of CLDAP No. 5 for an
additional period of time to be determined by the City Council.
5. Within ninety (90) days of the date of the City Council's action extending CLDAP
No. 5, the applicant shall complete the after - the -fact grading approval application
(Case No. ZON2006- 00010) for the site. Failure to complete the grading
approval application by this date shall require City Council approval for continued
operation of the Pony Club facility.
Resolution No. 2006 -58
Exhibit A
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