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CC SR 20170221 02 - Public Hearing Portuguese Bend Pony ClubCITY OF kbok RANCHO PALOS VFRDES PUBLIC HEARING Date: February 21, 2017 Subject: Consideration and Possible Action to Approve a Revision to Conditional Large Domestic Animal Permit No. 5 (Case No. ZON2016-00395) Subject Property: 2 West Pomegranate Road 1. Report of Notice Given: Acting City Clerk 2. Request for Staff Report: Mayor Campbell 3. Staff Report & Recommendation: Assistant Planner Lugo 4. Council Questions of Staff (factual only, no opinions): 5. Declare the Hearing Open: Mayor Campbell 6. Public Testimony: Appellant: N/A Applicant: Portuguese Bend Pony Club c/o Marilyn Bacon 7. Council Questions of speakers — (factual only): 8. Rebuttal: Mayor Campbell invites brief rebuttals. 9. Declare Hearing Closed: Mayor Campbell 10. Council Deliberation: Questions of staff in response to testimony and deliberation. 11. Council Action: 1 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/21/2017 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to approve a revision to Conditional Large Domestic Animal Permit No. 5 (Case No. ZON2016-00395). RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2017-_, approving a revision to Conditional Large Domestic Animal Permit No. 5 (Case No. ZON2016-00395, thereby: i) extending the existing entitlement for five additional years marking the new expiration date as November 15, 2021, ii) extending the operating hours to 8:00 AM to 8:00 PM, and iii) installing four 10 -foot tall light posts with two lamps each to illuminate two of the existing corrals until 8:30 PM. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Mercy Lugo, Assistant Planner REVIEWED BY: Ara Mihranian, AICP, Director of Community Development;; APPROVED BY: Doug Willmore, City Manager-1/1 ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2017-_ (page A-1) B. Planning Commission Resolution No. 2017-03 (page B-1) C. Planning Commission Staff Report (page C-1) BACKGROUND AND DISCUSSION: On June 5, 2001, the City Council adopted Resolution No. 2001-45, thereby approving Conditional Large Domestic Animal Permit (CLDAP) No. 5, allowing the Portuguese Bend Pony Club (Pony Club) to keep up to 17 horses on the subject property located at 2 West Pomegranate Road and to provide riding lessons, training and educational programs to its members. The permit was granted for an initial period of two years. On September 16, 2003, at the recommendation of the then -Equestrian Committee, the City Council adopted Resolution No. 2003-77, thereby granting a two-year extension to CLDAP No. 5. The City Council subsequently granted 5 -year extensions of CLDAP No. 5 in 2006 and 2011, setting its expiration date as November 15, 2016. Prior to its 2 expiration, on August 30, 2016, the applicant submitted a request to extend CLDAP No. 5 (Case No. ZON2016-00395) for an additional five years and to amend its conditions of approval to extend its operating hours and to install lighting to illuminate the arena. On January 24, 2017, the Planning Commission conducted a duly -noticed public hearing and adopted P.C. Resolution No. 2017-03 (Attachment B), recommending that the City Council approve a revision to CLDAP No. 5, thereby i) extending the entitlement for five additional years marking the new expiration date as November 15, 2021; ii) extending the operating hours to between 8:00 AM to 8:00 PM, and iii) installing four 10 -foot tall light posts with two lamps each to illuminate two existing corrals until 8:30 PM. An analysis of all relevant findings provided to the Planning Commission for the City Council's consideration of the project are addressed in the attached Planning Commission Staff Report (Attachment C). On February 2, 2017, a public notice was mailed to owners of property within a 500' radius of the subject site and published in the Palos Verdes Peninsula News, pursuant to the requirements of the Rancho Palos Verdes Development Code. To date, no public comments have been submitted to the City. The subject site is a 13.78 -acre parcel located on southwest corner of West Pomegranate Road and Peppertree Drive in the Portuguese Bend community. The site has been operating as the Pony Club's equestrian center since 2001, which includes horse keeping and providing riding, training and educational programs to its members. The applicant's request to extend its entitlements an additional five years, setting a new expiration date of November 15, 2021, will allow the continued operation of the Pony Club. As currently conditioned, the daily operations are limited from 8:00 AM to 5:00 PM. As part of the request, the applicant would like to also extend the daily operations to 8:00 PM and to install lighting to illuminate the existing arena to accommodate the expanded hours of operation. At its January 24, 2017, meeting, the Planning Commission, serving in an advisory capacity, generally supported the applicant's request and noted that the current operations benefit the community with minimal impacts to the surrounding neighborhood. The Planning Commission's discussion of the proposed lighting primarily focused on the potential impacts to the immediate neighborhood. Specifically, there were questions about brightness in terms of lumens vs. watts; whether or not the lights turn off automatically or manually; and if a photometric plan is necessary. After considering testimony from Staff, the applicant and members of the public, the Planning Commission determined that a photometric plan was not necessary and allowed the light bulbs to be at 75 watts or approximately 800 lumens, whichever is greater, in order to adequately illuminate the two existing corrals, provided that proper light shields are installed and the lights are directed downward and away from surrounding properties. Furthermore, the Planning Commission agreed that the daily operations could end by 8:00 PM and the lights could be turned off automatically via timer by 8:30 PM to allow 9 Pony Club staff to safely exit the property. A 6 -month review from the date of the City Council's decision will be conducted by the Director of Community Development to assess, among other things, the impacts of the lights and extended hours of operation to the surrounding properties. As conditioned, the Planning Commission was able to make all of the required CLDAP findings as listed below and described in detail in the attached P.C. Staff Report (Attachment C). i. That the project applicant is a registered nonprofit 501(c)(3) corporation, ii. That the permit, if issued, will not be detrimental to the public health, safety or general welfare, iii. That 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. iv. That 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. Thus, the Planning Commission unanimously recommended that the City Council conditionally approve the applicant's request, based upon these same findings and with specific modifications that have been incorporated into the attached Conditions of Approval. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Approve the Revision to CLDAP No. 5 with revised and/or additional conditions of approval. 2. Extend CLDAP No. 5 by an additional five years, but deny extending the operating hours or the installation of new arena lighting. 3. Extend CLDAP No. 5 by an additional five years and extend the hours of operation during Daylight Saving Time only, but deny the installation of new arena lighting. 4. Deny the request and direct Staff to prepare an appropriate Resolution for adoption at the next City Council meeting. 11 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 (CASE NO. ZON2016- 00###), THEREBY: 1) EXTENDING THE ENTITLEMENT FOR FIVE ADDITIONAL YEARS TO NOVEMBER 15, 2021, 2) EXTENDING THE OPERATING HOURS TO BETWEEN 8:00 AM TO 8:00 PM, AND 3) PERMITTING THE INSTALLATION OF FOUR, 10 -FOOT TALL LIGHT POSTS WITH TWO LAMPS EACH TO ILLUMINATE TWO EXISTING CORRALS AT 2 WEST POMEGRANATE ROAD NO LATER THAN 8:30 PM. 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 then -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, but denying the request to increase the number of horses on the property; and, WHEREAS, on May 11, 2006, the then -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, which replaced the Equestrian Committee after its disbandment in July 2009, adopted P.C. Resolution No. 2011-34, thereby recommending that the City Council grant a 5 -year extension to CLDAP No. 5; and, A-1 WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-89, thereby granting a 5 -year extension to CLDAP No. 5, setting its 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; and, WHEREAS, on December 20, 2016, the application was deemed complete; and, WHEREAS, on January 24, 2017, the Planning Commission, adopted P.C. Resolution No. 2017-03, thereby recommending approval, with conditions, the Pony Club's request to the City Council; and, WHEREAS, on February 2, 2017, 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 City Council held a duly noticed public hearing on February 21, 2017 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 proposed revision to CLDAP No. 5 is warranted because: A. The project Applicant (Portuguese Bend Pony Club) is a registered non-profit 501(c)(3) corporation. B. 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 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 daylight hours only. Pursuant to Council -adopted Condition No. 15 of Resolution No. 2001-15, large group lessons and group Resolution No. 2017 - Page 2 of 9 A-2 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 corral ighting may have impacts to the surrounding area with regards to noise and lighting. As a result, the two light bulbs on each of 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, the brightness shall be limited to approximately 800 lumens or 75 watts per light bulb, whichever is greater, and a timer be set to automatically turn off the lights by 8:30 PM. 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 City Council finds that a 6 -month review shall be conducted by the Director of Community Development, at which time the existing conditions may be modified that may decrease the operating hours and/or modify the lighting, including complete removal. C. 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. 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. 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 two light bulbs on each of 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, the brightness shall be limited to approximately 800 lumens or 75 watts per light bulb, whichever is greater, and a timer be set to automatically turn off the lights by 8:30 PM. 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 City Council finds that a 6 -month review shall be Resolution No. 2017 - Page 3 of 9 A-3 conducted by the Director of Community Development, at which time the existing conditions may be modified that may decrease the operating hours and/or modify the lighting, including complete removal. Section 2: 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 adopts Resolution No. 2017- , approving 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 light posts with two lamps each to illuminate two existing corrals until 8:30 PM, subject to the conditions set forth in the attached Exhibit `A.' Section 3: That the City Clerk of the City of Rancho Palos Verdes shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21St day of February 2017. Brian Campbell, Mayor Attest: Teresa Takaoka, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teri Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2017- was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 21, 2017. City Clerk Resolution No. 2017 - Page 4 of 9 A-4 EXHIBIT `A' CONDITIONS OF APPROVAL REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 2 WEST POMEGRANATE ROAD 1. This approval supersedes all Conditions of Approval that were 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 Director of Community Development 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. Resolution No. 2017 - Page 5 of 9 A-5 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, 9:00 AM to 5:00 PM 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 7:00 AM Monday through Friday and before 9:00 AM 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 Resolution No. 2017 - Page 6 of 9 A-6 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. Prosect 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 Director of Community Development 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. Resolution No. 2017 - Page 7 of 9 A-7 17. Conditional Domestic Animal Permit No. 5 is hereby extended for a period of five (5) years, setting new expiration date of November 15, 2021 (five years from the initial expiration date). This permit may be extended beyond this date, provided that 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. Resolution No. 2017 - Page 8 of 9 A-8 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. The property shall be maintained so that there is no standing surface water or 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. Resolution No. 2017 - Page 9 of 9 A-9 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:OOAM TO 8:OOPM, 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: 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 P.C. Resolution No. 2017-03 Page 2 of 9 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 Page 3 of 9 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 EmenhisePS,rJames, and Chairman Tomblin NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Bradley Ara Mi ra Community Development Director; and, Secretary of the Planning Commission Leon, Nelson, Vice Chairman Cruikshank, David L. Tomblin Chairman P.C. Resolution No. 2017-0y Page 4 of 9 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. P.C. Resolution No. 2017-03 Page 5 of 9 OMAR 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:OOAM to 5:OOPM 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 P.C. Resolution No. 2017-03 Page 6 of 9 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. Proiect 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. P.C. Resolution No. 2017-03 Page 7 of 9 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. P.C. Resolution No. 2017-03 Page 8 of 9 i 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. The property shall be maintained so that there is no standing surface water or 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. P.C. Resolution No. 2017-03 Page 9 of 9 AWO STAFF REPORT NY� .. N PROJECT SITE 00 ', p� Yy� k f qf r! GGPEt ,EUGI, F ND �+ DR S A&ILONE COVE MRIMESE ASND POINT G(IINf THOMAS GUIDE PAGE 823/6-5 RANCHO PALOS VERDES TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ARA MIHRANIAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 24, 2017 SUBJECT: CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT REVISION (CASE NO. ZON2016-00395) PROJECT 2 WEST POMEGRANATE ROAD ADDRESS: (PORTUGUESE BEND PONY CLUB) APPLICANT: PORTUGUESE BEND PONY CLUB C/O MARILYN BACON LANDOWNER: BROWN FAMILY TRUST STAFF MERCENIA LUGO COORDINATOR: ASSISTANT PLANNE REQUESTED ACTION: A REQUEST TO REVISE CONDITIONAL LARGE DOMESTIC ANIMA PERMIT NO. 5 TO: 1) EXTEND THE EXISTING ENTITLEMENT BY FIVE ADDITIONAL YEARS, 2) EXTEND THE OPERATING HOURS TO 8 AM TO 8 PM, AND 3) INSTALL FOUR 10 - FOOT TALL ARENA FLOOD LIGHTS TO ILLUMINATE TWO EXISTING CORRALS. RECOMMENDATION: ADOPT P.C. RESOLUTION 2017-_, THEREBY RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5, THEREBY 1) EXTENDING THE EXISTING ENTITLEMENT FOR FIVE ADDITIONAL YEARS, 2) EXTENDING THE OPERATING HOURS TO 8:OOAM TO 8:OOPM, AND 3) INSTALLING FOUR 10 -FOOT TALL ARENA FLOOD LIGHTS TO ILLUMINATE TWO OF THE EXISTING CORRALS. REFERENCES: ZONING: OPEN SPACE HAZARD (OH), EQUESTRIAN OVERLAY (Q) DISTRICT, URBAN APPEARANCE OVERLAY CONTROL DISTRICT (OC -3) C-1 PLANNING COMMISSION STAFF REPORT - (CASE NO. ZON2016-00395) JANUARY 24, 2017 PAGE 2 LAND USE: EQUESTRIAN FACILITY ("PONY CLUB") CODE SECTIONS: 15.20, 17.32, 17.40, 17.46, 17.56.040, 17.76.115, 17.80 GENERAL PLAN: RESIDENTIAL 1-2 DU/AC, NATURAL ENVIRONMENT/HAZARD TRAILS PLAN: SECTION 3, SEGMENT K1 (CHARLOTTE'S HILL) SPECIFIC PLAN: N/A CEQA: CATEGORICALLY EXEMPT (SECTION 15303 - CLASS 3) ACTION DEADLINE: FEBRUARY 18, 2017 PLANNING COMMISSION MEMBERS RESIDING WITHIN 500' OF SUBJECT PROPERTY: NONE BACKGROUND 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 to provide riding lessons, training and educational programs to its members. The permit was granted for an initial period of two years. 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 to allow an increase in the number of horses from 17 to 21 on the property. On September 16, 2003, the City Council adopted Resolution No. 2003-77, thereby granting a two-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. On May 11, 2006, the Equestrian Committee adopted EC Resolution No. 2006-01, thereby recommending that the City Council grant a five-year extension to CLDAP No. 5. On August 1, 2006, the City Council adopted Resolution No. 2006-58, thereby granting a five-year extension to CLDAP No. 5. On October 11, 2011, the Planning Commission adopted PC Resolution No. 2011-34, thereby recommending that the City Council grant a five-year extension to CLDAP No. 5 (it should be noted that the Planning Commission has functioned as the Equestrian Committee since its disbandment July 7, 2009). On November 15, 2011, the City Council granting a five-year extension to CLDAP No 15, 2016. adopted Resolution No. 2011-89, thereby 5, setting the expiration date as November On August 30, 2016, the applicant submitted a request to extend the existing entitlement (CLDAP No. 5) by five additional years, and to amend its conditions of C-2 PLANNING COMMISSION STAFF REPORT - (CASE NO. ZON2016-00395) JANUARY 24, 2017 PAGE 3 approval to extend its operating hours and to install lighting to illuminate the arena. After completing an initial review of the application, Staff deemed the application incomplete on September 8, 2016, due to missing information. On October 6, 2016, Staff conducted a site inspection in response to a complaint regarding outdoor arena lighting that was installed at two of the existing corrals and the Pony Club operating during evening hours. Staff confirmed the installation of unpermitted light poles on the subject property. On October 14, 2016, Staff informed the applicant to immediately cease all activities during non -daylight hours and to disconnect all unpermitted light poles until further review by the City. On December 20, 2016, the Applicant submitted additional information for the pending application and the project was deemed complete. On December 22, 2016, notice of the application was published in the Peninsula News and mailed to all property owners within 500 feet of the subject site. Staff did not receive any correspondence in response to the public notice. SITE DESCRIPTION The subject property is a 13.78 -acre parcel located on the southwest corner of Pomegranate Road and Peppertree Drive, within the Portuguese Bend Community. The site is currently improved with 17 horse corrals measuring 384 square feet each, a stadium arena, a turnout ring, a dressage arena, a 255 square foot tack trailer on wheels, a 144 square foot portable tough shed tack room, and a 140 square foot portable tough shed feed room. Surrounding land uses include single-family residential and open space areas. PROJECT DESCRIPTION The applicant is requesting 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 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. CODE CONSIDERATION AND ANALYSIS Pursuant to Rancho Palos Verdes Development Code ("RPVDC") §17.78.040 (Amendments to Approved Applications), an amendment, which includes but are not limited to, modifications to the conditions of approval, may be initiated by the property owner. The amendment to the project shall be considered by the same body which took the final action in granting the original application, which in this case is the City Council. However, pursuant to RPVDC §17.46.070, the Planning Commission shall serve in the advisory capacity to assist the City Council in among other things, resolution of disputes regarding the keeping of large domestic animals and consider CLDAP applications with C-3 PLANNING COMMISSION STAFF REPORT - (CASE NO. ZON2016-00395) JANUARY 24, 2017 PAGE 4 the terms and requirements of the Code. Therefore, the Planning Commission is being asked to review, in an advisory role, the applicant's proposed amendments to its CLDAP and forward a recommendation to the City Council, subject to the following findings [RPVDC §1 7.76.115(13)(3)(e)]: That the project applicant is a registered nonprofit 501(c)(3) corporation, The applicant submitted the attached letter showing evidence that they continue to operate as a non-profit organization and therefore, this finding can be met. ii. That the permit, if issued, will not be detrimental to the public health, safety or general welfare, The subject site has been operating as an equestrian center (i.e. Portuguese Bend Pony Club), which includes horse keeping, and providing riding, training and educational programs to its members. The proposed revision is to extend the CLDAP entitlement to continue its operations for the next five years, and to extend its operating hours for small and big group activities, and to install arena lighting to illuminate two existing corrals on the property. Condition No. 15 of Resolution No. 2001-45 (see Attachment) states the following: Individual lessons, individual use of horses, small group activities, and typical horse keeping activities are permitted during regular day light hours only. Large group lessons and group educational programs are permitted on 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 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 approval of the Equestrian Committee and City Council. 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. In order to accommodate the expanded hours, the facility would need to install lighting to illuminate two of the existing corrals. It should be noted that the applicant installed the 10 -foot tall arena lighting and started operating the facility in the evening prior to obtaining City approvals. After receiving a complaint from a neighbor, Staff inspected the property and informed C-4 PLANNING COMMISSION STAFF REPORT - (CASE NO. ZON2016-00395) JANUARY 24, 2017 PAGE 5 the applicant to immediately cease all activities during non -daylight hours and to disconnect all unpermitted light poles unless a decision permitting the same is rendered by the City Council. The applicant has since ceased all non -daylight activities and has disconnected the lights. Aside from the recent resident concern about the lights and extended hours of operation described above, for the past five years, Staff has not received any public concerns related to the operations of the Pony Club. Additionally, Staff visited the site and found the facility to be well maintained. However, Staff is concerned that the proposed increased hours of operation and arena lighting may adversely impact the surrounding area with regards to the brightness of the new lights and noise that may be generated by the expanded operating hours. To address these concerns, Staff recommends requiring the installation of shields on the 10' tall light poles to direct the lighting downward to the ground and away from residential properties, and limiting the brightness of each bulb to a maximum of 75 lumens. 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, Staff further recommends that the Planning Commission require a 6 -month review (from the date of the City Council's review), at which time the conditions of approval and/or operations may be modified including reducing or restoring the operating hours and/or modifying the lighting, including its complete removal. With these conditions added to Exhibit `A', Staff believes that this finding can be met. iii. That 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 existing conditions of CLDAP No. 5 permits a maximum of 17 horses on the property. According to the applicant's attached letter there are currently a total of 15 horses on the property and there is no request to increase the number of horses allowed. Therefore this finding can be met. iv. That 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. As discussed in Finding No. 3, aside from a recent resident concern described above, Staff has not received any concerns or complaints from the public related to the operations of the Pony Club in the past five years. As such, allowing the Pony Club to continue its status quo operations would not have significant adverse impact upon the area. C-5 PLANNING COMMISSION STAFF REPORT - (CASE NO. ZON2016-00395) JANUARY 24, 2017 PAGE 6 However, the proposed request to extend the operating hours which necessitates the installation and use of arena lighting may have impacts to the surrounding area with regards to noise and lighting. As a result, Staff recommends adding conditions in accordance with RPVDC §17.56.040 Outdoor Lighting for Nonresidential Uses that include shielding of the lights, redirecting lighting away from residential properties and limiting the brightness to a maximum of 75 lumens per light bulb. Staff further recommends that the Planning Commission require a 6 -month review (commencing after the Council's review), at which time the conditions of approval and/or operations may be modified including reducing or restoring the operating hours and/or modifying the lighting, including its complete removal. With these conditions added to Exhibit 'A', Staff believes that this finding can be met. ADDITIONAL INFORMATION California Environmental Quality Act Staff has reviewed the proposed application for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Section No. 15303 — Class 3 of the CEQA Guidelines. Section 15303 (Class 3 Exemption) includes the permitted and operation of a use that involves no or negligible expansion of said use. CONCLUSION Based upon the foregoing discussion in this report, Staff recommends that the Planning Commission adopt P.C. Resolution No. 2017-_, thereby 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 8 am to 8 pm, and 3) installing four 10 -foot tall arena flood lights to illuminate two of the existing corrals. ALTERNATIVES In addition to the Staff recommendation, the following alternatives are available for the Planning Commission's consideration: 1. Recommend approval of the Revision to Conditional Large Domestic Animal Permit No. 5 with revised and/or additional conditions of approval; 2. Recommend extending the Conditional Large Domestic Animal Permit No. 5 an additional five years and denying extending the operating hours and the installation of new arena flood lighting; C-6 PLANNING COMMISSION STAFF REPORT - (CASE NO. ZON2016-00395) JANUARY 24, 2017 PAGE 7 3. Recommend extending the Conditional Large Domestic Animal Permit No. 5 an additional five years, extending the hours of operation during daylight savings, and deny the installation of new arena flood lighting; or, 4. Recommend denial of the revision request and direct Staff to prepare an appropriate P.C. Resolution for adoption at the next Planning Commission meeting. ATTACHMENTS • P.C. Resolution No. 2017- • Applicant's Letter • Resolution No. 2001-45 o Conditions of Approval C-7 PLANNING COMMISSION RESOLUTION NO. 2017- m P.C. RESOLUTION NO. 2017- 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:OOAM TO 8:OOPM, AND 3) INSTALLING FOUR 10 -FOOT TALL ARENA FLOOD LIGHTS 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, C-9 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: 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 P.C. Resolution No. 2017 - Page 2 of 9 C-10 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 - Page 3 of 9 C-11 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-_, 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: NOES: ABSTENTIONS: RECUSALS: ABSENT: Ara Mihranian, AICP Community Development Director; and, Secretary of the Planning Commission David L. Tomblin Chairman P.C. Resolution No. 2017 - Page 4 of 9 C-12 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. P.C. Resolution No. 2017 - Page 5 of 9 C-13 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:OOAM to 5:OOPM 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 P.C. Resolution No. 2017 - Page 6 of 9 C-14 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 area flood lights to illuminate the two existing corrals. Each light bulb shall not exceed a maximum of 75 lumens. 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. 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 Planning Commission 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, the Planning Commission shall forward its recommendation to the City Council for its consideration. 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 P.C. Resolution No. 2017 - Page 7 of 9 C-15 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. 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. P.C. Resolution No. 2017 - Page 8 of 9 C-16 25. The property shall be maintained so that there is no standing surface water or 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. P.C. Resolution No. 2017 - Page 9 of 9 C-17 APPLICANT'S LETTER C-18 Planning 8s Zoning Department, RPV 30940 Hawthorne Blvd. Rancho Palos Verdes, CA. 90275 Dear Ara Mihranian, � t s• Isw r Dec. 4, 2016 RE'C'tN`0 016 COMMt3'iV1'?`Y DEVELOPMENT Subject: Conditional Large Domestic Animal Permit Revision Request for Portuguese Bend Pony Club Portuguese Bend Pony Club ("PBPC") is a 501 C3 non-profit organization dedicated to the education and training of youth and adults in horsemanship and sportsmanship. PBPC has been operating continuously at the 2 West Pomegranate site in the Portuguese Bend community for 50 years. The facility site is not located within the Portuguese Bend Home Owners Association boundaries. The Pony Club uses the facility with the permission of the owner, The Brown Family Trust. BPC hereby seeks a revision to the Conditional Large Domestic Animal Permit to allow an extension of operations until 8 p.m. and to allow installation of arena lighting. As a non- profit active outdoor recreation facility for youth, PBPC submits this request pursuant to RPV regulation 17.76.115(B)(3)(e). PBPC requests the extension of time to allow members to care for their horses until the early evening hour of 8 p.m. The arena lighting is sought to allow members to exercise their horses and practice their riding skills into the early evening hours. The youth members are dependent upon their parents to get a ride to the club facility to care for their horses and practice their riding. Most parents work and are unable to get their children up to the facility until after regular working hours. Most adult members work during the day and are unable to get to the facility to ride and exercise their horses until evening time. Horses are large, powerful animals that require regular exercise to remain healthy and safe for riding. PBPC instills responsibility in its youth members and develops empathy through emphasizing the importance of regularly caring for the horses. Furthermore, members learn the value of hard work through practicing their riding skills regularly. It is very difficult to properly care for the horses and provide an instructional program when darkness is upon us by 4:30 p.m. several months out of the year. Furthermore, the arena lighting is a necessary safety feature at this point now when coyotes regularly roam the grounds hunting at dusk. The lights allow us to see the coyotes before they come too close to our domestic animals and small children. Although some neighbors initially voiced complaints about the addition of the arena lights, We have mitigated all known opposition to the lighting. Originally LED lights were installed 1 C-19 which produced a bright glare. We have since experimented with installing standard flood .ghts with reduced lumens, redirected the light fixtures and added light hoods to direct the light towards the ground. We have coordinated with ours neighbors regarding mitigating the impact of the lights. The neighbors have voiced their approval of the arena lighting in its mitigated state. Thus, PBPC seeks a reasonable revision of its operating hours until 8 p.m. and to allow use of the arena lighting with standard flood lights 75Watts and light hoods until 8 p.m. This request is necessary to member safety while having minimal, if any, impact on the surrounding properties. Respectfully submitted, By Marilyn Bacon l Joint District Commissioner PBPC a 1 1 1i t onyClub N C-20 i (10 O n, N 4 — C- (6 C� C d a--� V) v V) v Ln O O C- V o u yw,r o N 'o � O N N W y O_ d 0- m N v a of CC O m in U d d Q ❑❑❑■O ,I 7�1 O O_ V), o Z w ,I 7�1 ~ �4(C a \ \ 0 LH 0 c \ » _ u \ « _ U) 0 a [ P14 0 P \ C-22 I / 7 � ± \ a \ ƒ \ � > » \ \ \ 0 LH 0 c \ » _ u \ « _ U) 0 a [ P14 0 P \ C-22 I Installation of four 10 -foot tall flood lights with light hoods for arena lighting at two of the existing corrals on the property. 41.0 •���,,''1��+,�\� _.fir ��• -� ~ _^ C-23 CITY COUNCIL RESOLUTION NO. 2001-45 C-24 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: C-25 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 Resolution No. 2001-45 Page 2 of 9 C-26 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 5" day of June 2001. ATTEST: C� �Cy,p�y CITUILERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) r MAY R Resolution No. 2001-45 Page 3 of 9 C-27 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. �-AA:L "0'� o� � U City rk City of Rancho Palos Verdes Resolution No. 2001-45 Page 4 of 9 C-28 EXHIBIT'A' CONDITIONS OF APPROVAL FOR CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 (2 West Pomegranate Road) 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. Resolution No. 2001-45 Page 5 of 9 C-29 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 Resolution No. 2001-45 Page 6 of 9 C-30 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, Resolution No. 2001-45 Page 7 of 9 C-31 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. Resolution No. 2001-45 Page 8 of 9 C-32 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. Resolution No. 2001-45 Page 9 of 9 C-33