PC RES 2017-003 P.C. RESOLUTION NO. 2017-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL APPROVE A REVISION TO CONDITIONAL
LARGE DOMESTIC ANIMAL PERMIT NO. 5, THEREBY 1)
EXTENDING THE ENTITLEMENT FOR FIVE ADDITIONAL
YEARS MARKING THE NEW EXPIRATION DATE AS
NOVEMBER 15, 2021, 2) EXTENDING THE OPERATING HOURS
TO BETWEEN 8:00AM TO 8:00PM, AND 3) INSTALLING FOUR,
10-FOOT TALL, LIGHT POSTS WITH TWO LAMPS EACH TO
ILLUMINATE TWO EXISTING CORRALS AT 2 WEST
POMEGRANATE ROAD (CASE NO. ZON2016-00395).
WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001-45,
thereby approving Conditional Large Domestic Animal Permit ("CLDAP") No. 5 for the
Portuguese Bend Pony Club. This CLDAP allows the Pony Club to keep up to 17
horses on the subject property and provide 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 August 14, 2003, the Equestrian Committee adopted E.C.
Resolution No. 2003-01, thereby recommending that the City Council grant a two-year
extension to CLDAP No. 5 and allow an increase in the number of horses from 17 to 21
on the property ; and,
WHEREAS, on September 16, 2003, the City Council adopted Resolution No.
2003-77, thereby granting a 2-year extension to CLDAP No. 5 and a fee waiver for a
Grading Permit. The City Council denied the request to increase the number of horses
on the property; and,
WHEREAS, on May 11, 2006, the Equestrian Committee adopted E.C.
Resolution No. 2006-01, thereby recommending that the City Council grant a 5-year
extension to CLDAP No. 5; and,
WHEREAS, on August 1, 2006, the City Council adopted Resolution No. 2006-
58, thereby, granting a 5-year extension to CLDAP No. 5; and,
WHEREAS, on October 11, 2011, the Planning Commission, that began
functioning as the Equestrian Committee since its disbandment July 7, 2009, adopted
P.C. Resolution No. 2011-34, thereby recommending that the City Council grant a 5-
year extension to CLDAP No. 5; and,
WHEREAS, on November 15, 2011, the City Council adopted Resolution No.
2011-89, thereby granting a 5-year extension to CLDAP No. 5, setting the expiration
date as November 15, 2016; and,
WHEREAS, on August 30, 2016, the Applicant submitted a request to revise
CLDAP No. 5 to extend the entitlement by five additional years, to extend its operating
hours, and to install area lighting on the property. After completing an initial review of
the application, Staff deemed the application incomplete on September 8, 2016, due to
missing information; and,
WHEREAS, on December 20, 2016, the Applicant submitted additional
information for the pending application and the project was deemed complete; and,
WHEREAS, on December 22, 2016, a public notice was mailed to owners of
property within a 500' radius of the subject site in accordance with Rancho Palos
Verdes Code Section 17.80.090 and published in the Palos Verdes Peninsula News
pursuant to the requirements of the Rancho Palos Verdes Development Code; 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 Revision to CLDAP No. 5
will have a significant effect on the environment and, therefore, the review has been
found to be categorically exempt under Class 3 (Section 15303); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
January 24, 2017 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 project is a request to revise CLDAP No. 5 to (1)
extend the entitlement by five additional years (marking the new expiration date as
November 15, 2021), (2) extend the operating hours for all activities to between 8:00
AM to 8:00 PM, and (3) install four 10-foot tall arena flood lights with light hoods at two
of the existing corrals on the property.
Section 2: The proposed revision to CLDAP is warranted because:
i. The project Applicant (Portuguese Bend Pony Club) is a registered non-
profit 501(c)(3) corporation.
ii. The permit, if issued, will not be detrimental to the public health, safety or
general welfare. More specifically, the subject site has been operating as
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an equestrian center, which includes horse keeping, and providing riding,
training and educational programs to its members. Currently, individual
lessons, individual use of horses, small group activities, and typical horse
keeping activities are permitted curing regular day light hours only.
Pursuant to Council-adopted Condition No. 15 of Resolution No. 2001-15,
large group lessons and group educational programs are permitted on
Saturdays from 8:00 AM to 5:00 PM. The applicant proposes to extend
the hours of all activities at the site from 8:00 AM to 8:00 PM in order to
provide more opportunities for its patrons to ride their horses. This is
because horses need regular exercise to remain healthy and safe for
riding and many of the Pony Club's adult members work and are unable
to get to the facility to care and ride their horses until after the permitted
hours. Additionally, the parents of the youth members also work and they
are unable to bring their children to the facility until after the permitted
hours. Thus, in order to accommodate the expanded hours, the facility
will need to install lighting to illuminate two of the existing corrals.
However, the proposed increase to the operation hours which necessitate
arena lighting may have impacts to the surrounding area with regards to
noise and lighting. As a result, the lights on the 10' tall light poles shall be
shielded to direct the lighting downward to the ground, the lights shall be
directed away from residential properties, and the brightness shall be
limited to a maximum of 75 lumens per light bulb. In order to assess the
effectiveness of these conditions, as well as monitor potential noise
impacts associated with the extended operation of the Pony Club the
Commission finds that a 6-month review shall be conducted, at which
time the existing conditions may be modified that may decrease the
operating hours and/or modify the lighting, including complete removal.
iii. Any increase in the number of animals that would otherwise be allowed
by the provisions of Chapter 17.46 of this title 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. The
Applicant is permitted to keep a maximum of 17 horses on the property.
The Applicant currently has 15 horses and is not requesting an increase
in the number of animals on the property.
iv. 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.
More specifically, allowing the Applicant's operation to continue status
quo would not have significant adverse impact upon the area. However,
the proposed increase to the operation hours which necessitate arena
lighting may have impacts to the surrounding area with regards to noise
and lighting. As a result, the lights on the 10' tall light poles shall be
P.C. Resolution No. 2017-03
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shielded to direct the lighting downward to the ground, the lights shall be
directed away from residential properties, and the brightness shall be
limited to a maximum of 75 lumens per light bulb. In order to assess the
effectiveness of these conditions, as well as monitor potential noise
impacts associated with the extended operation of the Pony Club, the
Commission finds that a 6-month review shall be conducted, at which
time the existing conditions may be modified that may decrease the
operating hours and/or modify the lighting, including complete removal.
Section 3: The Planning Commission's action is advisory only, with the final
decision to be made by the City Council.
Section 4: 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 adopts P.C.
Resolution No. 2017-P3 , thereby recommending that the City Council approve a revision
to Conditional Large Domestic Animal Permit No. 5, thereby 1) extending the
entitlement for 5 additional years marking the new expiration date as November 15,
2021, 2) extending the operating hours to between 8:00 AM to 8:00 PM, and 3)
installing four 10-foot tall area flood lights to illuminate two existing corrals subject to the
conditions set forth in the attached Exhibit 'A.'
PASSED, APPROVED AND ADOPTED this 24th day of January 2017, by the following vote:
AYES: Commissioners Emenhiset� James, Leon, Nelson, Vice Chairman Cruikshank,
and Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Bradley
ors
David L. Tomblin
Chairman
411101114 -
Ara MI ra
Community Development Director; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5
2 WEST POMEGRANATE ROAD (CASE NO. ZON216-00395)
1. This approval supersedes all Conditions of Approval that was part of the original
City Council approval under Resolution No. 2001-45 and any subsequent
amendments.
2. Prior to the submittal of plans into Building and Safety plan check, 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
Exhibit "A". Failure to provide said written statement within ninety (90) days
following the date of this approval shall render this approval null and void.
3. The applicant shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
5. 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. Any substantial change to the project shall
require approval of a revision by the City Council that approved the original
project, which may require new and separate environmental review.
6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall
conform to the development standards of the City's Municipal Code, including but
not limited to height, setback and lot coverage standards.
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7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation
procedures contained in Section 17.86.060 of the City's Municipal Code.
Additionally, the applicant may be subject to administrative citations as described
in Section 1.16 of the City's Municipal Code for failing to comply with and
adhering to all of these conditions of approval.
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. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this Exhibit "A".
10. This approval is only for the items described within these conditions and
identified on the stamped APPROVED plans and is not an approval of any existing
illegal or legal non-conforming structures on the property, unless the approval of
such illegal or legal non-conforming structure is specifically identified within these
conditions or on the stamped APPROVED plans.
11. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or
discarded furniture, appliances or other household fixtures.
12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
the project site or in the adjoining street rights-of-way before 7AM Monday
through Friday and before 9AM on Saturday, in accordance with the permitted
hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste
and debris resulting from a construction, alteration or repair project shall be
removed on a weekly basis by the contractor or property owner. Existing or
temporary portable bathrooms shall be provided during construction. Portable
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bathrooms shall be placed in a location that will minimize disturbance to the
surrounding property owners, to the satisfaction of the City's Building Official.
Project Specific Conditions:
14. 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.
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.
c) Riding lessons, training and educational programs.
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.
e) Installation of an above ground sprinkler system for the three rings for dust
control.
f) A cross-country course on the southern portion of the site.
g) Installation of four (4), 10-foot tall, light posts with two lamps each to
illuminate the two existing corrals. Each light bulb shall not exceed
approximately 800 lumens or 75 watts whichever is greater. The use of
LED lights shall be prohibited. The light source shall be shielded and not
be directed toward or result in direct illumination of a parcel of property or
properties other than that the existing two corrals. All lighting shall comply
with the Outdoor Lighting for Nonresidential Use standards, under Section
17.56.040 of the Rancho Palos Verdes Municipal Code. All lighting shall
be set to a timer and shall be turned off by 8:30 PM.
15. If the applicant has not submitted an application for a building permit for the
approved light standards or not commenced the approved project as described in
Section 17.86.070 of the City's Municipal Code within 30-days of the final
effective date of this approval, 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 approved by the Planning
Commission or City Council.
16. Within six (6) months from the date of City Council approval, the operation of the
facility, including but not limited to the lighting, shall be reviewed by the
Community Development Director to determine if any conditions of approval shall
be added, deleted or modified, or if the permit shall be revoked. If modifications
to these Conditions of Approval are recommended by the Community
Development Director, the Planning Commission shall review the Director's
recommendations and forward its recommendation to the City Council for its
consideration.
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17. Conditional Domestic Animal Permit No. 5 is hereby extended for a period of five
(5) years marking the new expiration date as November 15, 2021 (five years from
the initial expiration date). This permit may be extended beyond this date
provided a written request for extension is filed prior to expiration with the
Community Development Department and is approved by the City Council.
18. There shall be no more than seventeen (17) horses kept on the property at any
time.
19. Individual lessons, individual use of horses, small group activities, and typical
horse keeping activities be permitted during the hours of 8:00 AM to 8:00 PM.
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 8:00 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
Community Development. Any proposal to change the day and/or hours of
operation requires approval of the Planning Commission and the City Council.
20. 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.
21. 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.
22. 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.
23. 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.
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24. 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.
25. Thero ert shall be maintained so that there is no standing surface water or
p p Y
ponding within areas in which the horses are kept.
26. All buildings used for the keeping of animals and all corral or enclosure fences
shall be constructed and maintained in a neat an 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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