CC RES 2001-045 RESOLUTION NO. 2001-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES CONDITIONALLY APPROVING CONDITIONAL LARGE
DOMESTIC ANIMAL PERMIT NO. 5 FOR THE PORTUGUESE BEND
PONY CLUB TO KEEP SEVENTEEN (17) HORSES, RELOCATE
EXISTING STALLS, CONDUCT RIDING LESSONS, AND TRAINING AND
EDUCATIONAL PROGRAMS ON A 13.78-ACRE VACANT, NON-
CONTIGUOUS PROPERTY IN THE PORTUGUESE BEND EQUESTRIAN
OVERLAY (Q) DISTRICT, LOCATED AT 2 WEST POMEGRANATE ROAD.
WHEREAS, on March 9, 2001, the applicant, the Portuguese Bend Pony Club,
submitted an application for Conditional Large Domestic Animal Permit No. 5 to allow the
keeping of up to seventeen (17) horses, relocate existing stalls, conduct riding lessons,
and training and educational programs at its existing barn on a 13.78-acre property in the
Portuguese Bend Equestrian Overlay (Q) District; and,
WHEREAS, on April 8, 2001, the application for Conditional Large Domestic Animal
Permit No. 5 was deemed complete by Staff; 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 Conditional Large Domestic Animal Permit No. 5
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt (Section 15301); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Equestrian Committee held a duly noticed public hearing
on May 10, 2001 to consider Conditional Large Domestic Animal Permit No. 5, at which
time all interested parties were given an opportunity to be heard and present evidence;
and,
WHEREAS, on May 1.0, 2001, the Equestrian Committee adopted E.C. Resolution
No. 2001-01, thereby recommending conditional approval of Conditional Large Domestic
Animal Permit No. 5 to the City Council, with modifications to the conditions of approval;
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 June 5,
2001 to consider the Equestrian Committee's recommendation, 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 hereby makes the following findings of fact with
respect to the application for Conditional Large Domestic Animal Permit No. 5 for the
keeping of seventeen (17) horses and the operation of a riding and educational facility by
the Portuguese Bend Pony Club:
A. The project applicant, "Portuguese Bend Pony Club," is a registered non-profit
501(c)(3) corporation and has provided the City with evidence of same.
B. The permit, if issued, will not be detrimental to the public health, safety or general
welfare since the location of the proposed project significantly exceeds the minimum
35-foot sanitary setback requirements for the keeping of horses; and appropriate
conditions have been included to ensure proper operation of the use and activities,
which will reviewed by the City Council six (6) months after relocation and
installation of the new rings, including irrigation lines for dust control at the riding
rings.
C. The proposed increase in the number of animals that would otherwise be allowed
by the provisions of Chapter 17.46 of the Rancho Palos Verdes Development Code
to be kept or boarded on the property and the operation of an active outdoor
educational program which provides a benefit to youth will not have significant
adverse effects upon other properties in the vicinity of the site. The size of the
subject property is more than adequate to meet the Development Code
requirements for keeping more than six (6) horses; the maximum number of horses
proposed (17) is the same as the maximum number of horses that can be
accommodated by the existing stables; and conducting all activities on one site is
more practical and efficient since horses and participants do not have to traverse
the Portuguese Bend Community, as was the case when boarding activity was
separate from the riding and practice area. Thus, there will be no significant
adverse effects upon other properties in the vicinity of the site.
D. The cumulative impact upon the properties in the vicinity of the site and the
community as a whole, will not, in the aggregate, constitute a significant adverse
impact upon the area, beyond that of the previous use. The cumulative effects will
be minimal because the relocation of the lessons and education programs to the
site will not increase the number of persons or animals on the subject property.
Thus, all uses will be self-contained on the subject property. Further, the horses
and riders will no longer need to traverse the Portuguese Bend Community's streets
to access their training facility.
Section 2: The City Council finds that the keeping of 17 horses, and conducting
lessons and educational programs on the subject property is consistent with Equestrian
Committee Policy No. 4, which calls upon the City to "allow certain permit and regulation
exceptions for animal keeping by registered non-profit (501(c)(3)) organizations...[including
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allowing] more than the allowable number of animals to be kept on a lot, provided the other
requirements of the Equestrian Chapter [of the Development Code] are adhered to."
Section 3: The City Council finds that the keeping of 17 horses, and conducting
lessons and educational programs on the subject property is consistent with Equestrian
Committee Policy No. 6, which calls upon the City to "ensure that the size and layout of the
facility, the location of barns and corrals, the location of composting bins or material
storage, and the height and type of fencing is appropriate for the site and compatible with
surrounding residences."
Section 4: 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 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, E.C. Resolution No. 2001-01 and other records of
proceedings, the City Council of the City of Rancho Palos Verdes hereby conditionally
approves Conditional Large Domestic Animal Permit No. 5 for the Portuguese Bend Pony
Club to keep seventeen (17) horses, relocate existing stalls, conduct riding lessons, and
training and educational programs on a 13.78-acre vacant, non-contiguous property in the
Portuguese Bend Equestrian Overlay (Q) District, located at 2 West Pomegranate Road,
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 5th day of June 2001.
:
MAY 00 R
ATTEST:
CI LER( 4( c"4"16e4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
Resolution No. 2001-45
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I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2001-45 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on June 5, 2001.
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0614,A*6 City rk
City of Rancho Palos Verdes
Resolution No. 2001-45
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5
(2 West Pomegranate Road)
1. 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.
2. This approval allows for the following activities and uses by the Portuguese Bend
Pony Club on the 13.78-acre vacant, non-contiguous property in the Portuguese
Bend Equestrian Overlay (Q) District, located at 2 West Pomegranate Road:
a) The keeping of a maximum of 17 horses; and,
b) The relocation of five (5) horse stalls and a feed room that are part of the
operation and facility, but are located on the property line, onto the subject
property; and,
c) Riding lessons, training and educational programs; and,
d) A new dressage ring to the south of the existing horse stalls; a new turnout ring
at the northeastern area of the subject property; and enlargement of the existing
ring to create a stadium arena; and,
e) Installation of an aboveground sprinkler system for the three rings for dust
control; and,
f) A cross-country course on the southern portion of the site.
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 approval of a revision to Conditional Large
Domestic Animal Permit No. 5 by the Equestrian Committee and City Council, and
shall require new and separate environmental review.
3. The use of the site shall conform to the specific standards contained in these
conditions of approval or, if not addressed herein, in the OH and Equestrian Overlay
(Q) district development standards of the City's Municipal Code.
4. 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.
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5. 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 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, which shall require review by the Equestrian
Committee and approval by the City Council.
6. 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.
7. The approval of Conditional Large Domestic Animal Permit No. 5 is granted to the
applicant (Portuguese Bend Pony Club) and not to the owner of the subject property
(Patricia M. Brown and Family Trust). The approval of this permit shall be valid for
an initial period of two (2) years from the date of the approval by the City Council,
and for as long as the applicant continues to utilize the property in accordance with
the terms of this Resolution. In addition, within six (6) months after installation of
the new rings, sprinkler system, and/or commencement of the use, the operation of
the facility shall be reviewed by the Equestrian Committee to determine if any
conditions of approval need to be added, deleted or modified, or if the permit should
be revoked, and a recommendation will be forwarded to the City Council. At the
end of the initial 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, the rights, privileges and
obligations granted by Conditional Large Domestic Animal Permit No. 5 shall
terminate and shall not revert to the property owner or any other organization. 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 owner rescinds the authorization for the use of the property by
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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.
8. Proof of the registered non-profit 501(c)(3) status of the applicant, the information
required by Condition 16, and the operation policies and procedures for the facility,
must be provided to the Director of Planning, Building and Code Enforcement on
an annual basis, on the anniversary date of the final approval by the City Council.
9. A maximum of 17 horses, belonging either to the Portuguese Bend Pony Club or
to its members, may be kept on the subject property at any time.
10. Except as specified in condition 2 above, no additional structures are permitted by
this approval, except as follows:
a) Five existing horse stalls that are on the west property line and encroach onto
the adjacent property to the west will be relocated to ensure that the stalls are
located upon the subject property at 2 West Pomegranate Road and are
located outside of the sanitary setback specified in Section 17.46.060(A)(1) of
the Rancho Palos Verdes Development Code; and,
b) The feed room that is on the property line will be relocated to ensure that the
feed room is located upon the subject property at 2 West Pomegranate Road
and is located outside of the sanitary setback specified in Section
17.46.060(A)(1) of the Rancho Palos Verdes Development Code.
c) The remaining existing facilities and structures will remain, which includes 12
stalls and a tack room.
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.
11. Within the initial 6-month permit period after approval, the applicant shall be
responsible for completing the following tasks, to the satisfaction of the Director of
Planning, Building and Code Enforcement:
a. Continue to utilize golden malrin and/or other"natural" fly control measures;
and,
b. Implement more frequent waste disposal that includes, at a minimum,
biweekly pickups, and use of a covered dumpster to reduce fly and odor
problems; and,
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c. Relocate and screen the dumpster from view from West Pomegranate Road.
Failure to complete these tasks may lead to the revocation of this permit during the
6-month review process by the City Council as described in Condition No. 7 above.
12. Six months after the installation of the new sprinkler system, the operation of the
sprinkler systems shall be reviewed by the City Council to determine if the sprinkler
systems are being operated in accordance with the conditions described in
Condition No. 13. Failure to operate the system in accordance with the conditions
described in Condition No. 13 may lead to the revocation of this permit during the
6-month review process by the City Council.
13. A sprinkler system shall be installed for the three riding rings for dust control
purposes only. The sprinkler system shall be installed and operated in accordance
with the following conditions:
a) The sprinkler pipes shall be above ground and not buried to allow visual
inspection; and,
b) Manual shut off valves shall be placed on each line in easy view; and,
c) The sprinkler system shall be manually operated only, by an adult; and,
d) Water shall be applied only to the amounts necessary for dust control. No over-
watering, ponding or standing of surface water shall be allowed; and,
e) Water shall be applied if deemed necessary to ensure dust control, and shall be
done no more than one hour prior to utilizing the ring.
f) Automatic water shut-off system shall be provided subject to City Staff approval.
Any sprinkler pipes that are damaged shall be immediately repaired and the water
system shut off until such repairs are completed.
14. The applicant shall submit a plan to Staff that illustrates the cross-country course,
including the layout of the course and the type of materials used for jumping
purposes. The jumps shall be comprised of logs or other similar natural barriers,
and shall be temporary in nature. The course and materials for the jumps shall be
subject to review and approval by Staff.
15. Individual lessons, individual use of horses, small group activities, and typical horse
keeping activities shall be permitted during regular day light hours only. The
approved days and hours of operation for large group lessons and the group
educational program shall be limited to Saturdays, from 8:00 AM to 5:00 PM.
Further, no Pony Club camp or other similar overnight activities, horse shows or
other special events that will attract riders from other areas shall be conducted at
the site without the approval of a Special Use Permit by the Director of Planning,
Building and Code Enforcement. Any proposal to change the day and/or hours of
operation requires the approval of the Equestrian Committee and City Council.
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16. The applicant shall carry out a program of fly control through such means as traps,
pesticides or natural predators. Further, the applicant shall post a weatherproof
notice setting forth the most recent names and phone numbers of the barn
manager, the Pony Club District Commissioner, and the Pony Club Co-district
Commissioners. Said notice shall be posted outside of the tack room.
17. 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' enclosures.
18. 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.
19. 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
(as determined by Staff). 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.
20. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed in
any regular, intermittent or seasonal watercourse. Further, no structure or
enclosure for the keeping of the horses shall be constructed or maintained in any
regular, intermittent or seasonal watercourse.
21. The property shall be maintained so that there is no standing surface water or
ponding within areas in which the horses are kept.
22. 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 approved by Staff, shall be
provided as appropriate to assist in screening of corals and stables, composting
bins and stored hay from public view and from adjacent properties.
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