PC RES 2011-038 P.C. RESOLUTION NO. 2011-38
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. 002
(CASE NO. ZON2011-00292), FOR PROPERTY LOCATED AT 50
NARCISSA DRIVE.
WHEREAS, on October 17, 2000, the City Council adopted Resolution No. 2000-
70, thereby approving Conditional Large Domestic Animal Permit (CLDAP) No. 002 for
the Ride-to-Fly organization. This CLDAP allows the keeping of up to 4 horses on the
subject property and the operation of the "Ride-to-Fly" therapeutic riding program on a
1.16-acres property. The permit was granted for an initial period of two (2) years; and,
WHEREAS, on October 1, 2002, the City Council adopted Resolution No. 2002-
85, thereby granting a two-year extension to Conditional Large Domestic Animal Permit
No. 002; and,
WHEREAS, on December 7, 2004, the City Council adopted Resolution NO.
2004-106, thereby granting a two-year extension to conditional Large Domestic Animal
Permit No. 002; and,
WHEREAS, on December 19, 2006, the City council adopted Resolution No.
2006-98, thereby granting a five-year extension to Conditional Large Domestic Animal
Permit No. 002; and,
WHEREAS, on December 17, 2011, the applicant submitted a written request to
extend Conditional Large Domestic Animal Permit No. 002 for an additional period of
five years; and,
WHEREAS, the application was deemed complete for processing on October 25,
2011; and,
WHEREAS, on October 31, 2011, notice of the pending application was mailed
to all property owners within a 500 foot radius and published in the Palos Verdes
Peninsula News on November 3, 2011; 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. 002 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 November 22, 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
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed 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 No. 002, 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. 002 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 2000, and the Ride-to-Fly organization has continued to operate it in
compliance with the conditions of approval set forth in Resolution No. 2000-70. More
specifically, the site has generally been kept in good condition and maintained in a
clean manner. The corrals are kept in a clean condition, and there is not an excessive
smell from the manure composting or problems with flies on site.
SECTION 3: The proposed extension of Conditional Large Domestic Animal
Permit No. 002 is warranted because the number of horses that are allowed to be kept
and boarded on the property, and the operation of a therapeutic facility with programs
that provide a benefit to youth will not have significant adverse effects upon other
properties in the vicinity of the site. This equestrian facility has continually operated in
compliance with the conditions of approval. Furthermore, the site is sufficient in size and
shape to accommodate the four (4) horses without impacting the other properties in the
area. This is due to the fact that complaints regarding the number of horses on the
property have not been received, and the property has been kept in good condition.
Furthermore, there are no changes to any of the Ride-to-Fly programs or activities on
the site.
Section 4: The proposed extension of Conditional Large Domestic Animal
Permit No. 002 is warranted because the cumulative impact, upon the properties in the
vicinity of the site or the community as a whole, will 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 2000, and the Ride-to-Fly
organization continues to operate in compliance with the conditions of approval set forth
in Resolution No. 2000-70. Thus, the continued operation of the Ride-to-Fly
organization on this site has not led to any significant cumulative impacts to the
P.C. Resolution No. 2011-38
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community since its commencement in 2000, and the approval of the extension should
not create a significant adverse impact upon the area.
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 City
Council of the City of Rancho Palos Verdes hereby grants a five-year extension of
Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2011-00292),
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.
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. 002 (Case No. ZON2011-00292), 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 22nd day of November 2011, by the
following vote:
AYES: Commissioners Emenhiser, Knight, Leon, Vice Chairman Tetreault and
Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioners Gerstner and Lewis
David L. Tomblin
Chairman
JoelJao
CP
Comev I ment Director
Secrhe tanning Commission
P.C. Resolution No. 2011- 38
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Exhibit `A'
Conditions of Approval
(P.C. Resolution No. 2011-38)
Extension of Conditional Large Domestic Animal Permit No. 002
(Case No. ZON2011-00292)
1. Approval of this extension to Conditional Large Domestic Animal Permit No. 002
(Case No. ZON2011-00292) 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 Large Domestic Animal Permit No. 002 is hereby extended for, a
period of five (5) years, with an expiration date of December 19, 2016. The
permit may be extended beyond this date provided an extension request is
submitted to the City prior to the December 19, 2016 expiration date. If such an
extension request is submitted, the Planning Commission shall review said
extension request in an advisory role and provide a recommendation to the City
Council as deemed appropriate. Subsequently, the City Council shall conduct a
noticed public 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.
[MODIFIED BY THE CITY COUNCIL ON DECEMBER_, 2011]
Unless modified herein, the following conditions of approval set forth in Resolution No.
2002-85, adopted by the City Council on October 1, 2002, December 7, 2004 and
December 19, 2006, 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 Community Development
Director 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
P.C. Resolution No. 2011-38
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the Planning Commission and approval by the City Council of a revision to
Conditional Large Domestic Permit No. 002, 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.
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 Community Development Department, and is reviewed by the
Planning Commission 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. 002 is
granted to the applicant ("Ride-to-Fly") and not to the owner of the subject
property (George and Leanne Twidwell). The extension of this permit shall be
valid for a period of five (5) years, with an expiration date of December 19, 2016,
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. 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. 002 shall terminate and shall not
revert to the property owners. The permit shall also be terminated upon the
occurrence of any of 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 Planning Commission 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;
P.C. Resolution No. 2011-38
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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.
[MODIFIED BY THE CITY COUNCIL ON DECEMBER_,2011]
10. Proof of the registered non-profit 501(C)(3) status of the applicant must be
provided to the Community Development Director 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 Community Development Director or, at
his/her discretion, the Planning Commission and/or City Council.
13. The applicant shall be responsible for completing the following tasks, to the
satisfaction of the Community Development Director:
f. Maintain the existing perimeter fencing around the corrals;
g. Maintain landscape screening along the perimeter of the corrals,
especially along the Narcissa Drive frontage of the property; and,
h. 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 Planning Commission and the approval of the City Council.
P.C. Resolution No. 2011-38
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15. Off-street parking shall only be provided along 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,
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 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 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.
P.C. Resolution No. 2011-38
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