PC RES 2011-034 P.C. RESOLUTION NO. 2011-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL GRANT A FIVE-YEAR EXTENSION OF
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 005
(CASE NO. ZON2011-00201), 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. 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 (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. 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 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. 005; and,
WHEREAS, on May 11, 2011, the Equestrian Committee adopted EC Resolution
No. 2006-01, thereby recommending approval of the Pony Club's requests to the City
Council; and,
WHEREAS, on August 1, 2006, the City Council considered the Equestrian
Committee's recommendation and adopted Resolution No. 2006-58, and granted a 5-
year extension of CLDAP No. 005; and,
WHEREAS, on July 19, 2011, the Pony Club requested another 5-year extension
of CLDAP No. 005; 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. 005 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 Planning Commission held a duly noticed public
hearing on October 11, 2011 at which time all interested parties were given an
opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALMS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed extension of Conditional Large Domestic Animal
Permit No. 005 is warranted because the project applicant is a registered non-profit
501(c)(3) corporation. As part of the approval for CLDAP No. 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.
Section 2: The proposed extension of Conditional Large Domestic Animal
Permit No, 005 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 continued to operate it in compliance with
the conditions of approval set forth in Resolution No. 2001-45.
Section 3: The proposed extension of Conditional Large Domestic Animal
Permit No, 005 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. 005 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
continues to operate in compliance with the conditions of approval set forth in
P.C. Resolution No. 2011-34
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Resolution No. 2001-45. The approval of the extension will not create a significant
adverse impact upon the area.
Section 5: The Planning Commission's action is advisory only, with the final
decision to be made by the City Council. Nonetheless, any interested person aggrieved
by this decision or any portion of this decision may appeal to the City Council. Pursuant
to Sections 17.46.070(D) and 17.80.070 of the Rancho Palos Verdes Municipal Code,
any such appeal must be filed with the City, in writing, and with the appropriate appeal
fee, no later than October 26, 2011.
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
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council grant a five-year extension of Conditional Large Domestic Animal Permit
No, 005 (Case No. ZON201 1-00201), 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.
PASSED, APPROVED AND ADOPTED this 11th day of October 2011, by the
following vote:
AYES: Commissioners Emenhiser, Gerstner, Knight, Leon, Lewis and Vice
Chairman Tetreault
NOES: None
ABSTENTIONS- None
RECUSALS.- None
ABSENT: Chairman Tomblin
David L. Tomblin
Chairman
Joel of s, AICP/
Co*uOy Dev ' ment Director
Sec et ry to the Planning Commission
P.C. Resolution No. 2011-34
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Exhibit `A'
Conditions of Approval
(P.C. Resolution No. 2011-_)
Extension of Conditional Large Domestic Animal Permit No. 5
(Case No. ZON2011-00201)
1 Approval of this extension of Conditional Large Domestic Animal Permit No 005
(Case No. ZON2011-00201) 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
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. 005 for an
additional period of time to be determined by the City Council, not to exceed five
(5) years.
5. There shall be no more than seventeen (17) horses kept on the property at any
time.
MAProjects\ZON2005-00523(Pony Club-CLDAP Extension,2 W Pomegranate Rd)12006051 I_Reso—EC,doc
P.C. Resolution No. 2011-34
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