CC RES 2006-098RESOLUTION NO. 2006 -98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES GRANTING A FIVE (5) YEAR EXTENSION TO
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 (CASE NO.
ZON2004- 00433), FOR PROPERTY LOCATED AT 50 NARCISSA DRIVE.
WHEREAS, on October 17, 2000, the City Council approved Conditional Large
Domestic Animal Permit No. 2, thereby allowing Ride -to -Fly to maintain four (4) horses
and operate a therapeutic riding program on a 1.16 -acre parcel within the Portuguese
Bend Community for an initial period of two (2) years; and,
WHEREAS, on October 1, 2002, the City Council granted a two (2) year
extension of CLDAP No. 2; and,
WHEREAS, on December 7, 2004, the City Council granted a two (2) year
extension of CLDAP No. 2, thus the permit expires on December 23, 2006.
WHEREAS, on November 9, 2006, the Equestrian Committee conducted a duly
noticed public hearing on the extension of Conditional Large Domestic Animal Permit
No. 2 (Case No. ZON2004- 00433). After considering all written and oral testimony, the
Equestrian Committee recommended that the City Council approve a five (5) year
extension of Conditional Large Domestic Animal Permit No. 2, by an 8 -0 vote; 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 the
Conditional Large Domestic Animal Permit 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
December 19, 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 City Council finds that Ride -to -Fly is complying with all of the
conditions of approval for Conditional Large Domestic Animal Permit No. 2, and has not
created an undue negative impact to the Portuguese Bend Community. Therefore, the
City Council feels that the proposed five (5) year extension of the CLDAP shall be
granted.
Section 2: 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 3: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings (dated
November 9, 2006 and December 19, 2006), the City Council of the City of Rancho
Palos Verdes hereby grants a five (5) year extension of Conditional Large Domestic
Animal Permit No. 2 (Case No. ZON2004- 00433), 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 19th day of December 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 -98 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on December 19, 2006.
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Resolution No. 2006 -98
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Resolution No. 2006 -98 - Exhibit "A"
Conditions of Approval
Conditional Large Domestic Animal Permit No. 2
(Case No. ZON2004- 00433)
1. Approval of this extension to Conditional Large Domestic Animal Permit No. 2
(Case No. ZON2004- 00433) 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 Domestic Animal Permit No. 2 is hereby extended for a period of five
(5) years, from the date of the adoption of this Resolution. At the conclusion of
the five (5) year period, the City Council shall conduct a 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.
Unless modified herein, the following conditions of approval set forth in Resolution No.
2002 -85, adopted by the City Council on October 1, 2002, and December 7, 2004, 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 screening. The Director of Planning,
Building and Code Enforcement 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 Equestrian Committee and approval by
the City Council of a revision to Conditional Large Domestic Animal Permit No. 2,
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.
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Exhibit A
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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 Department of Planning, Building and Code Enforcement, and is
reviewed by the Equestrian Committee 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. 2 is granted
to the applicant ( "Ride -to -Fly ") and not to the owners of the subject property
(George and Leanne Twidwell). The extension of this permit shall be valid for a
period of two (2) years from the date of the approval of the extension by the City
Council, 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. At the
end of the 2 -year permit period, the City Council shall conduct a hearing and may
extend the approval for the permit for an additional period of time to be
determined by the City Council, not to exceed two (2) years. 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 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 Equestrian Committee 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,
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Exhibit A
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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.
10. Proof of the registered non - profit 501(c)(3) status of the applicant must be
provided to the Director of Planning, Building and Code Enforcement 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 Director of Planning, Building and Code
Enforcement or, at his /her discretion, the Equestrian Committee and /or City
Council.
13.The applicant shall be responsible for completing the following tasks, to the
satisfaction of the Director of Planning, Building and Code Enforcement:
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.
14. The approved days and hours of operation for the therapeutic riding program are
limited as follows:
Tuesday through Friday: 10:00 PM 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 Equestrian Committee and the approval of the City Council.
15. Off-street parking shall only be provided along the 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,
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Exhibit A
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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 to 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 the horses are kept.
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. 2006 -98
Exhibit A
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