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CC RES 2000-070 RESOLUTION NO. 2000-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 FOR THE KEEPING OF FOUR (4) HORSES AND THE OPERATION OF THE "RIDE-TO-FLY" THERAPEUTIC RIDING PROGRAM ON A 1.16-ACRE VACANT, CONTIGUOUS PROPERTY IN THE PORTUGUESE BEND EQUESTRIAN OVERLAY (Q) DISTRICT, LOCATED AT 50 NARCISSA DRIVE WHEREAS, on April 25, 2000, the applicant, "Ride-to-Fly," submitted an application for Conditional Large Domestic Animal Permit No. 2 to allow the keeping of four (4) horses and the operation of a therapeutic riding program on a 1.16-acre property in the Portuguese Bend `Q' District, commonly known as 50 Narcissa Drive or the "Five Corners" property; and, WHEREAS, on July 20, 2000, the application for Conditional Large Domestic Animal Permit No. 2 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. 2 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 September 14, 2000 to consider Conditional Large Domestic Animal Permit No. 2, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on September 14, 2000, the Equestrian Committee adopted E.C. Resolution No. 2000-02, thereby recommending conditional approval of Conditional Large Domestic Animal Permit No. 2 to the City Council, with modifications to the days and hours of operation for the therapeutic riding program; 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 October 17, 2000 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. 2 for the keeping of four (4) horses and the operation of a therapeutic riding program on the subject property: A. The project applicant, "Ride-to-Fly," 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 because the proposed project significantly exceeds the minimum 35-foot sanitary setback requirements for the keeping of horses; "soft" paving will be utilized in the parking area along Narcissa Drive to be compatible with the use of the abutting non-dedicated equestrian/pedestrian trail along Narcissa Drive; no more than ten (10) vehicles will be allowed in this parking area so that they do not infringe upon the roadway and fire lane; and the applicant will be required to complete the repairs to the perimeter fencing, plant additional landscape screening and install other site improvements within six (6) months of project approval or face possible revocation of the permit by the City Council. C. Any 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/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 because the applicant does not propose to keep more animals on the property than would be otherwise allowed "by right" under the provisions of the Development Code; and the therapeutic riding program operates only three (3) days per week, the client sessions last approximately one-half hour, no more than two sessions are conducted at any one time, the sessions do not involve vigorous activity such as jumping or galloping, and the noise and dust associated with these sessions is minimal and of short duration. D. The cumulative impact, should the requested permit be issued, 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 because the cumulative effects of the proposed project and the nearby Portuguese Bend Riding Club are only apparent during those hours on the three (3) days each week when "Ride-to- Fly" clients have therapeutic riding sessions; the individual impacts of the "Ride-to- Resolution No. 2000-70 Page 2of8 Fly" sessions are limited and of short duration; and the physical separation of the two uses prevents traffic and other types of conflicts between the uses, even when there are activities at both the Riding Club and "Ride-to-Fly." Section 2: The City Council finds that the keeping of four (4) horses and the operation of a therapeutic riding program 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 3: 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 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, E.C. Resolution No. 2000-02 and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby conditionally approves Conditional Large Domestic Animal Permit No. 2 for the keeping of four (4) horses and the operation of the "Ride-to-Fly" therapeutic riding program on a 1.16-acre vacant, contiguous property in the Portuguese Bend Equestrian Overlay (Q) District, located at 50 Narcissa Drive, 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. Resolution No. 2000-70 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 17th day of October 2000. ,-%Ak\k MAYOR ATTEST: fsfAtet:A., IGAILA 0.0 Af4CITY(dLERK 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, do hereby certify that the above Resolution No. 2000-70 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 17, 2000. eu2,:je., Zit/n.04 a-4D 4.97,(44-1 City Cler City of Rancho Palos Verdes Resolution No. 2000-70 Page 4 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 (50 Narcissa Drive) 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 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. 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 RS-2 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. 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 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. Resolution No. 2000-70 Page 5 of 8 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. 2 is granted to the applicant ("Ride-to-Fly") and not to the owners of the subject property (George and Leanne Twidwell). 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 where the program is conducted in accordance with the terms of this Resolution. In addition, within six (6) months of the date of the City Council's final action on this application, the operation of the program shall be reviewed by the City Council to determine if any conditions of approval need to be added, deleted or modified, or if the permit should be revoked. 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 ten (10) 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, 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 must be provided to the Director of Planning, Building and Code Enforcement on an annual basis. In Resolution No. 2000-70 Page 6 of 8 addition, the applicant shall notify the Director in writing within thirty (30) days of any change in non-profit status. 9. A maximum of four (4) horses belonging to the applicant may be kept on the subject property at any time. 10. 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. 11. Within the initial 6-month permit period described in Condition No. 7 above, the applicant shall be responsible for completing the following tasks, to the satisfaction of the Director of Planning, Building and Code Enforcement: a. Repair and replace deteriorated sections of the existing perimeter fencing around the corrals; b. Install additional landscape screening along the perimeter of the corrals, especially along the Narcissa Drive frontage of the property; and, c. Install "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. Failure to complete these tasks may lead to the revocation of this permit during the 6-month review process by the City Council. 12. The approved days and hours of operation for the therapeutic riding program are limited as follows: Wednesdays: 10:00 AM to 7:00 PM or sunset, whichever is earlier Thursdays: 10:00 AM to 7:00 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. 13. 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 Resolution No. 2000-70 Page 7 of 8 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. 14. 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. 15. 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. 16. 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. 17. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to accumulate in any regular, intermittent or seasonal watercourse. 18. The property shall be maintained so that there is no standing surface water or ponding within areas in which the horses are kept. 19. 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. 20. The applicant shall carry out a program of fly control through such means as traps, pesticides or natural predators. 21. No structure or enclosure for the keeping of the horses shall be constructed or maintained in any regular, intermittent or seasonal watercourse. Resolution No. 2000-70 Page 8 of 8 _