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CC RES 2003-077RESOLUTION NO. 2003 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING A TWO (2) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 005 (CASE NO. ZON2003- 00198) AND A FEE WAIVER FOR A GRADING PERMIT, FOR PROPERTY LOCATED AT 2 WEST POMEGRANATE. 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 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 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 conducted a duly noticed public hearing to consider this matter. The Equestrian Committee adopted E.C. Resolution No. 2003 -01, thereby recommending that the City Council approve the extension of, and modification to, Conditional Large Domestic Animal Permit No. 005 (Case No. ZON2003- 00198) by a 4 -0 vote, with Chair Leon and Vice Chair Bara recusing themselves; 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 existing permit, the modifications to the conditions of approval of the Conditional Large Domestic Animal Permit to allow four additional horses to be kept at the property or that the grading that is proposed will have a significant effect on the environment. 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 Ranchos Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 16, 2003, 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 modifications to the conditions of approval and the 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 005, 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, which has been submitted. Section 2: The proposed modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 005 are 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 the fall of 2001, in which time there have been no major code violations on the property and the Pony Club continues to operate in compliance with the conditions of approval set forth in Resolution No. 2001 -45. Section 3: The extension of Conditional Large Domestic Animal Permit No. 005 is warranted because the continual operation of an active outdoor recreational facility or program, which provides a benefit to youth or the physically or mentally challenged, and maintaining 17 horses on the subject property 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, although the site is sufficient in size and shape to accommodate the physical space needed to accommodate an increase in four horses, the increase in the number of horses from 17 to 21 is not warranted, at this time, since additional horses on the site may cause increased odor, fly, and traffic impacts to the surrounding neighbors. Section 4: The extension of Conditional Large Domestic Animal Permit No. 005 is warranted because the cumulative impact caused by the continual operation of the facility, 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 District. The equestrian facility has been in operation on the site since the fall of 2001, in which time there have been no major code violations on the property, and the Pony Club continues to operate in compliance with the conditions of approval set forth in Resolution No. 2001 -45. Section 5: The fee waiver for a Grading Permit is warranted since the proposed grading will benefit a 501(c)(3) corporation. Section 6: 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. Further, challenges to this action may be limited to only those issues raised at the duly noticed public hearing held for this matter, or in written correspondence delivered to the City at, or prior to the public hearing. Section 7: 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 approves grants a two (2) year extension of Conditional Large Domestic Animal Permit No. 005 (Case No. ZON2003- 00198), and grants a fee waiver for a Grading Permit, subject to the conditions contained in Exhibit W, attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. Resolution No. 2003 -77 Page 2of3 PASSED, APPROVED, AND ADOPTED this 16th dayvfSeQtember 14), Mayo Attest: a(- p(j, ..,b I' I - City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2003 -77 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 16, 2003. Resolution No. 2003 -77 Page 3of3 Exhibit "A" Conditions of Approval (Resolution No. 2003 -77) Conditional Large Domestic Animal Permit No. 005 (Case No. ZON2003- 00198) 1. Approval of this revision to Conditional Large Domestic Animal Permit No 005 (Case No. ZON2003- 00198) 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. 005 is hereby extended for a period of two (2) years, from the date of the approval of the extension by the City Council. At the conclusion of the two (2) 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 two (2) years. 5. There shall be no more than 17 horses kept on the property at any time. However, after a period, not to be less than six (6) months from the date of this approval, the Pony Club may re -apply for an increase in the number of animals to the City Council.