RPVCCA_CC_SR_2011_12_20_01_Ride_to_Fly
RANCHO PALOS VERDES
PUBLIC HEARING
Date: December 20, 2011
Subject: REQUEST TO EXTEND CONDITIONAL LARGE DOMESTIC
ANIMAL PERMIT NO. 002 FOR OPERATION OF THE “RIDE-TO-
FLY” THERAPEUTIC RIDING PROGRAM FOR AN ADDITIONAL
PERIOD OF FIVE YEARS (CASE NO. ZON2011-00292)
Subject Property: 50 Narcissa Drive
1. Declare the Hearing Open: Mayor Misetich
2. Report of Notice Given: City Clerk Morreale
3. Staff Report & Recommendation: Associate Planner Mikhail
4. Public Testimony:
Appellant: N/A
Applicant: “Ride-To-Fly” Organization
5. Council Questions:
6. Rebuttal:
7. Declare Hearing Closed: Mayor Misetich
8. Council Deliberation:
9. Council Action:
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CITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY DEVELOPMENT,
DECEMBER 20,2011
SUBJECT:REQUEST TO EXTEND CONDITIONAL LARGE DOMESTIC
ANIMAL PERMIT NO.002 FOR OPERATION OF THE "RIDE-TO-
FLY"THERAPEUTIC RIDING PROGRAM FOR AN ADDITIONAL
PERIOD OF FIVE YEARS (CASE NO.ZON2011-00292)
REVIEWED:CAROLYN LEHR,CITY MANAGERQ9--
Project Manager:Leza Mikhail,Associate Planne~
RECOMMENDATION
Adopt Resolution No.2011-_,thereby granting a 5-year extension of Conditional
Large Domestic Animal Permit No.002,thus allowing the Ride-to-Fly organization,a
registered 501 (C)(3)Corporation,to continue to keep 4 horses at a property located at
50 Narcissa Drive for operation of a therapeutic riding program.
Quasi-Judicial Decision
This item is a quasi-judicial decision in which the City Council is being asked to
affirm whether specific findings of fact can continue to be made in order to support
an extension of a previously approved development application.The specific
findings of fact are listed and discussed in the "Discussion"portion of the Staff
BACKGROUND
On October 17,2000,the City Council adopted Resolution No.2000-70,thereby
conditionally approving Conditional Large Domestic Animal Permit No.002 for the keeping
of four (4)horses and the operation of the "Ride-to-Fly"therapeutic riding program on a
1.16-acre property located at 50 Narcissa Drive.
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On October 1,2002,the City Council adopted Resolution No.2002-85,thereby granting a
two-year extension to Conditional Large Domestic Animal Permit (CLDAP)No.002.
On December 7,2004,the City Council adopted Resolution No.2004-106,thereby
granting a two-year extension to Conditional Large Domestic Animal Permit No.002.
On December 19,2006,the City Council adopted Resolution No.2006-98,thereby
granting a five-year extension to Conditional Large Domestic Animal Permit No.002.
On October 17,2011,the applicant submitted a written request to extend Conditional Large
Domestic Animal Permit No.002 for an additional period of five years.Staff completed an
initial review of the request on October 25,2011,at which time the application was deemed
complete for processing.
The Planning Commission reviewed this matter,in an advisory role,at a public hearing on
November 22,2011.At the hearing,the Planning Commission adopted Resolution No.
2011-38,thereby recommending approval of the requested 5-yearextension of Conditional
Large Domestic Animal Permit No.002 to the City Council by a 5-0 vote,with
Commissioners Gerstner and Lewis absent.
On November 29,2011,public notices advising the public of the City Council's
consideration of the extension request at tonight's meeting were mailed to the Applicant,
the property owner and all property owners within a 500-foot radius of the subject property.
Public notice was also published in the Palos Verdes Peninsula News on December 1,
2011.As of the date of this report,Staff has not received any comments from notified
residents.
DISCUSSION
Site Description
The subject site is a 1.16-acre parcel located on the southwest corner of Narcissa Drive
and Cinnamon Lane,at 50 Narcissa Drive.The site is improved with a barn,tack room,
four cofrals,and two stables.The corrals are enclosed with either two and/or three rail
wood fences.Low shrubs and hedges are used to assist with the screening of the corrals
from Narcissa Drive and Cinnamon Lane.Parking for the site is off of Narcissa Drive.
Project Description
Conditional Large Domestic Animal Permit (CLDAP)No.002 allows the Ride-to-Fly
organization the keeping of four (4)horses and the operation of a therapeutic riding
program on a 1.16-acre vacant,contiguous property in the Portuguese Bend Equestrian
Overlay (Q)District.In association with allowing four (4)horses to be kept on the property,
the CLDAP conditions of approval require maintenance of the existing perimeter fencing
around the corrals,proper fly control,frequent waste disposal,sanitary conditions be
maintained on the property,all buildings and corrals be maintained in a neat and orderly
condition,and the site be visited on a daily basis to feed and water the horses (see
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attached Resolution No.2006-58).
CLDAP No.002 was extended for a period of five (5)years by the City Council on
December 19,2006,thereby expiring on December 19,2011.Pursuant to Condition of
Approval No.9 of Resolution No.2006-98,Ride-to-Fly is requesting a five (5)year
extension,thereby establishing a new expiration date of December 19,2016.
Extension Review
Pursuant to Section 17.76.115.B.1.a.iv.of the Development Code,the operation of an
equestrian facility or program by a registered non-profit corporation which provides a
benefit to youth or the physically or mentally challenged or has a similar philanthropic
purpose that is directly related to,and advanced by,the proposed equestrian program or
facility,is eligible to receive approval of a CLDAP by the City Council.
According to the City's Development Code (Section 17.76.115.B.6),the approval of a
CLDAP for a nonprofit equestrian facility like the Ride-to-Fly organization shall be valid for
an initial period not to exceed 2 years.The Code also states that at the end of the original
2-year period,the City Council may extend the approval of the permit for an additional
period that is to be determined by the City Council,provided each extension does not
exceed 10 years.Since the Code is silent on what criteria the City Council should rely on
for extending the permit,Staff focused its review of the extension request on whether the
four (4)required CLDAP findings can continue to be made and whether the Ride-to-Fly is
operating in accordance with the approved conditions of approval.Provided below is a
discussion of both these issues.
CLDAP Required Findings
Below is Staff's discussion of the following four (4)findings of fact that must be made for
approval of a CLDAP.
1.The project applicant is a registered nonprofit 501 (c)(3)corporation.
The conditions of approval for Ride-to-Fly's current permit require that proof of Ride-to-
Fly's non-profit status be provided to the City on an annual basis.On October 7,2011,the
Ride-to-Fly organization provided evidence of its continued non-profit status. Therefore,
this finding is still being met.
2.The permit,if issued,will not be detrimental to the public health,safety or
general welfare.
The Ride-to-Fly organization has operated its equestrian programs from the subject
property since 2000.On October 25,2011,Staff conducted a site visit to ensure
compliance with the conditions of approval.During the site visit,Staff noted that the site
was in good condition and maintained in a clean manner.Staff also noted that the corrals
were kept in a clean manner and there was not an excessive smell from the manure
composting or problems with flies on site.Furthermore,Staff has not received any
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complaints about problems with the site.As such,Staff believes that this finding is still
being met.
3.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 Ride-to-Fly organization is currently permitted to board four (4)horses on the property,
and is not proposing to increase this number.As noted in Finding NO.2 above,the property
is kept in generally good condition.Furthermore,there are no changes proposed to any of
the Ride-to-Fly programs or activities on the site.Staff is unaware of any evidence that
Ride-to-Fly's operations have resulted in a significant adverse effect upon surrounding
properties in the past,and it is expected that this would continue under an extended
permit.Therefore,Staff believes that this finding is still being met.
4.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.
Staff is not aware that the continued operation of the Ride-to-Fly organization on this site
has led to any significant cumulative impacts to the community.To Staff's knowledge,the
operation of the facility has not led to the establishment of any similar facilities or programs
in the area.Therefore,Staff believes that this finding is still being met.
Based upon the foregoing discussion,Staff believes that all of the above-mentioned
findings are still being met and that all the conditions of approval are being adhered to.
CONCLUSION
Based upon the foregoing discussion in this report,Staff and the Planning Commission
believes that Ride-to-Fly's request for a five (5)year extension of Conditional Large
Domestic Animal Permit No.002 is warranted.Therefore,Staff and the Planning
Commission recommend City Council adoption of the attached Resolution,thereby
approving the extension of Conditional Large Domestic Animal Permit No.002 for an
additional five (5)years with an expiration date of December 19,2016.
ADDITIONAL INFORMATION
On November 15,2011,the City Council considered a similar permit extension request by
the Pony Club.At the time,Staff requested direction from the City Council regarding some
ambiguity as to the Planning Commission's role in reviewing future extension requests.At
the November 15,2011,the City Council approved the Pony Club's extension request and
agreed that the Planning Commission should review future extension requests in an
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advisory role before final action is taken on them by the City Council.Given this City
Council directive the conditions of approval for this extension request have been modified
to include said Planning Commission review of any further extension requests.
ALTERNATIVES
In addition to Staff's recommendation,the following alternatives are available for the
Planning Commission's consideration:
1.Recommend approval of the requested five (5)year extension of Conditional
Large Domestic Animal Permit No.002 with revised and/or additional conditions
of approval.
2.Recommend approval of an extension,but for a shorter or longer timeframe than
five (5)years.
3.Recommend denial of the extension request and direct Staff to prepare an
appropriate P.C.Resolution for adoption at the next Planning Commission
meeting.
FISCAL IMPACT
There are no fiscal impacts to the City as a result of this decision.
Attachments:
•Resolution No.2011-
•P.C.Resolution No.2011-38
•P.C.Minutes (DRAFT)
•Resolution No.2006-98
•Proof of 501 (C)(3)status
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Resolution No.2011-
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RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES GRANTING A FIVE-YEAR EXTENSION
OF CONDTIONAL LARGE DOMESTIC ANIMAL PERMIT NO.002
(CASE NO.ZON2011-00292),FOR THE PROPERTY LOCATED AT
50 NARCISSA DRIVE.
WHEREAS,on October 17,2000,the City Council adopted Resolution No.2000-
70,thereby approving Conditional Large Domestic Animal Permit (CLDAP)No.002 for
the Ride-to-Fly organization.This CLDAP allows the keeping of up to 4 horses on the
subject property and the operation of the "Ride-to-Fly"therapeutic riding program on a
1.16-acres property.The permit was granted for an initial period of two (2)years;and,
WHEREAS,on October 1,2002,the City Council adopted Resolution No.2002-
85,thereby granting a two-year extension to Conditional Large Domestic Animal Permit
No.002;and,
WHEREAS,on December 7,2004,the City Council adopted Resolution No.
2004-106,thereby granting a two-year extension to conditional Large Domestic Animal
Permit No.002;and,
WHEREAS,on December 19,2006,the City council adopted Resolution No.
2006-98,thereby granting a five-year extension to Conditional Large Domestic Animal
Permit No.002;and,
WHEREAS,on October 17,2011,the applicant submitted a written request to
extend Conditional Large Domestic Animal Permit No.002 for an additional period of
five years;and,
WHEREAS,the application was deemed complete for processing on October 25,
2011;and,
WHEREAS,pursuant to the provisions of the California Environmental Quality
Act,Public Resources Code Sections 21000 et.seq.("CEQA"),the State's CEQA
Guidelines,California Code of Regulations,Title 14,Section 15000 et.seq.,the City's
Local CEQA Guidelines,and Government Code Section 65962.5(f)(Hazardous Waste
and Substances Statement),Staff found no evidence that the extension of approval of
Conditional Large Domestic Animal Permit No.002 will have a significant effect on the
environment and,therefore,the review has been found to be categorically exempt
under Class 1 (Section 15301);and,
WHEREAS,after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code,the Planning Commission held a duly noticed public
hearing on November 22,2011 at which time all interested parties were given an
opportunity to be heard and present evidence,and adopted Resolution No.2011-38,
thereby recommending that the City Council approve the extension request;and,
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WHEREAS,after notice issued pursuant to the requirement of the Rancho Palos
Verdes Development Code,the City Council held a duly noticed public hearing on
December 20,2011 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 extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the project applicant is a registered non-profit
501 (c)(3)corporation.As part of the approval for CLDAP No.002,the applicant
submitted evidence to the City that Ride-to-Fly is a non-profit 501 (c)(3)corporation.
Furthermore,the conditions of approval require that Ride-to-Fly submit evidence on an
annual b~sis of the continual 501 (c)(3)status.
Section 2:The proposed extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the permit will not be detrimental to the public
health,safety,or general welfare.The equestrian facility has been in operation on the
site since 2000,and the Ride-to-Fly organization has continued to operate it in
compliance with the conditions of approval set forth in Resolution No.2000-70.More
specifically,the site has generally been kept in good condition and maintained in a
clean manner.The corrals are kept in a clean condition,and there is not an excessive
smell from the manure composting or problems with flies on site.
Section 3:The proposed extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the number of horses that are allowed to be kept
and boarded on the property,and the operation of a therapeutic facility with programs
that provide a benefit to youth will not have significant adverse effects upon other
properties in the vicinity of the site.This equestrian facility has continually operated in
compliance with the conditions of approval.Furthermore,the site is sufficient in size and
shape to accommodate the four (4)horses without impacting the other properties in the
area.This is due to the fact that complaints regarding the number of horses on the
property have not been received,and the property has been kept in good condition.
Furthermore,there are no changes to any of the Ride-to-Fly programs or activities on
the site.
Section 4:The proposed extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the cumulative impact,upon the properties in the
vicinity of the site or the community as a whole,will not,in the aggregate,constitute a
significant adverse impact upon the area.The subject site is located in the Portuguese
Bend Community,which is within an Equestrian Overlay (Q)District.The equestrian
facility has been in operation on the site since the 2000,and the Ride-to-Fly
organization continues to operate in compliance with the conditions of approval set forth
in Resolution No.2000-70.Thus,the continued operation of the Ride-to-Fly
organization on this site has not led to any significant cumulative impacts to the
Resolution No.2011-
Page 2 of 7
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community since its commencement in 2000,and the approval of the extension should
not create a significant adverse impact upon the area.
Section 5:For the foregoing reasons and based on the information and
findings included in the Staff Report,Minutes and other records of proceedings,the City
Council of the City of Rancho Palos Verdes hereby grants a five-year extension of
Conditional Large Domestic Animal Permit No.002 (Case No.ZON2011-00292),
subject to the conditions contained in Exhibit 'A',attached hereto and made a part
hereof,which are necessary to protect the public health,safety and welfare in the area.
Section 6:The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED,APPROVED,AND ADOPTED this 20 th day of December 2011.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )ss
City or Rancho Palos Verdes )
I,Carla Morreale,the City Clerk of the City of Rancho Palos Verdes,do hereby
certify that the above Resolution No.2011-_was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on December 20,2011.
City Clerk
Resolution No.2011-
Page 3 of 7
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Exhibit 'A'
Conditions of Approval
(Resolution No.2011-_)
Extension of Conditional Large Domestic Animal Permit No.002
(Case No.ZON2011-00292)
1.Approval of this extension to Conditional Large Domestic Animal Permit No.002
(Case No.ZON2011-00292)shall not be construed to mean any waiver of
applicable and appropriate zoning regulations,or any Federal,State,County,
and City laws and regulations.Unless otherwise expressly specified,all other
requirements of the City of Rancho Palos Verdes Municipal code shall apply.
2.Conditional Large Domestic Animal Permit No.002 is hereby extended for a
period of five (5)years,with an expiration date of December 19,2016.The
permit may be extended beyond this date provided an extension request is
submitted to the City prior to the December 19,2016 expiration date.If such an
extension request is submitted,the Planning Commission shall review said
extension request in an advisory role and provide a recommendation to the City
Council as deemed appropriate.Subsequently,the City Council shall conduct a
noticed public hearing,at which time the Council may extend the approval of the
CLDAP for an additional period of time to be determined by the City Council,not
to exceed five (5)years.
[MODIFIED BY THE CITY COUNCIL ON DECEMBER 20,2011]
Unless modified herein,the following conditions of approval set forth in Resolution No.
2002-85,adopted by the City Council on October 1,2002,December 7,2004 and
December 19,2006,shall be complied with at all times:
3.Prior to the commencement of the use permitted by this approval,the applicant
and the property owner shall submit to the City a statement,in writing,that they
have read,understand,and agree to all conditions of approval contained in this
Resolution.Failure to provide said written statement within ninety (90)days
following date of this approval shall render this approval null and void.
4.This approval is for the keeping of four (4)horses and the operation of a
therapeutic riding program on a 1.16-acre vacant,contiguous property in the
Portuguese Bend Equestrian Overlay (Q)District,located at 50 Narcissa Drive.
This approval also includes the installation of "soft"paving in the off-street
parking area along Narcissa Drive and the repair of existing perimeter fencing
and installation of additional landscape screening.The Community Development
Director is authorized to make minor modifications to the approved plans and any
of the conditions of approval if such modifications will achieve substantially the
same results as would strict compliance with the approved plans and conditions.
Otherwise,any substantive change to the approved use shall require review by
Resolution No.2011-_
Page 4 of 7
1-11
the Planning Commission and approval by the City Council of a revision to
Conditional Large Domestic Permit No.002,and shall require new and separate
environmental review.
5.The use of the site shall conform to the specific standards contained in these
conditions of approval or,if not addressed herein,in the RS-2 and Equestrian
Overlay (Q)district development standards of the City's Municipal Code.
6.Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the City Council after conducting a
public hearing on the matter.
7.If the use approved by this permit has not been established within one year of the
final effective date of this Resolution,approval of the project shall expire and be
of ·no further effect unless,prior to expiration,a written request for extension is
filed with the Community Development Department,and is reviewed by the
Planning Commission and approved by the City Council.Otherwise,a
Conditional Large Domestic Animal Permit revision must be approved prior to the
commencement of the approved use.
8.In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department,the stricter
standard shall apply.
9.The approval of the Conditional Large Domestic Animal Permit No.002 is
granted to the applicant (URide-to-Fly")and not to the owner of the subject
property (George and Leanne Twidwell).The extension of this permit shall be
valid for a period of five (5)years,with an expiration date of December 19,2016,
and for as long as the applicant continues to utilize the property where the
program is conducted in accordance with the terms of this Resolution.If the
applicant discontinues,vacates or abandons the use of the property where the
facility or program is conducted,the rights,privileges and obligations granted by
Conditional Large Domestic Animal Permit No.002 shall terminate and shall not
revert to the property owners.The permit shall also be terminated upon the
occurrence of any of the following:
a.The subject lot or parcel is subdivided,reduced in size or is combined with
one or more other lots or parcels;
b.A violation of any of the conditions upon which the permit was granted,
after a duly-noticed public hearing before the Planning Commission and
City Council;
c.The applicant discontinues,vacates or abandons the use of the subject lot
or parcel in accordance with the terms of the approved permit for a period
of more than one hundred eighty (180)days;
Resolution No.2011-_
Page 5 of 7
1-12
d.The property owners rescind the authorization for the use of the property
by the applicant;or,
e.The applicant no longer qualifies for registered non-profit 501 (c)(3)status,
as described in Section 17.78.010 of the Rancho Palos Verdes
Development Code.
[MODIFIED BY THE CITY COUNCIL ON DECEMBER 20,2011]
10.Proof of the registered non-profit 501 (C)(3)status of the applicant must be
provided to the Community Development Director on an annual basis.In
addition,the applicant shall notify the Director in writing within thirty (30)days of
any change in non-profit status.
11.A maximum of four (4)horses belonging to the applicant may be kept on the
subject property at any time.
12.No additional structures are permitted by this approval and the existing structures
and facilities on the site shall maintain the minimum 35-foot sanitary setback
specified in Section 17.46.060(A)(1)of the Rancho Palos Verdes Development
Code.Any future relocation of the structures and facilities on the site shall be
subject to review and approval by the Community Development Director or,at
his/her discretion,the Planning Commission and/or City Council.
13.The applicant shall be responsible for completing the following tasks,to the
satisfaction of the Community Development Director:
a.Maintain the existing perimeter fencing around the corrals;
b.Maintain landscape screening along the perimeter of the corrals,
especially along the Narcissa Drive frontage of the property;and,
c.Maintain the "soft"paving such as decomposed granite in the off-street
parking area along Narcissa Drive,subject to the authorization of the
Portuguese Bend Community Association.
14.The approved days and hours of operation for the therapeutic riding program are
limited as follows:
Tuesday through Friday:
Saturdays:
10:00 AM to 5:00 PM or sunset,whichever is earlier
9:00 AM to 5:00 PM or sunset,whichever is earlier
Any proposal to change the days and/or hours of operation requires the review of
the Planning Commission and the approval of the City Council.
Resolution No.2011-
Page 6 of 7
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15.Off-street parking shall only be provided along Narcissa Drive frontage of the
subject property.No more than ten (10)vehicles may be parked on the site at
any time.All vehicles must be parked so as not to infringe upon the paved
roadway of Narcissa Drive or to otherwise interfere with the passage of motorists,
pedestrians or equestrians by the site.
16.The applicant shall ensure that the site is visited daily to feed and water the
horses,verify the status of the horses'condition and health,and inspect the
condition and integrity of the horses'enclosure.
17.A weatherproof notice setting forth the name of the person(s)responsible for the
horses and a phone number(s)to be called in the event of an emergency shall be
displayed on,or in the vicinity of,the enclosure in which the horses are kept.
18.The applicant is responsible for the continuous maintenance of sanitary
conditions,including,but not limited to,the cleaning of corrals,stables,barns and
other areas to which animals have access;and the proper disposal of manure,
offal,soiled straw and other refuse.Animal waste shall not be allowed to
accumulate,run off or leach so as to create a nuisance or be offensive to other
persons in the vicinity.Manure may be disposed of by removal from the lot or
parcel by a city-licensed waste disposal company,or by composting.If waste or
manure is to be composted,the composting material shall be kept in a
composting bin,and the composting shall be performed in accordance with City-
approved composting procedures.Proper procedures must be used to control
insects and minimize offensive odors.
19.Animal waste,manure,offal,soiled straw and other refuse shall not be allowed to
accumulate in any regular,intermittent or seasonal watercourse.
20.The property shall be maintained so that there is no standing surface water or
ponding within areas in which horses are kept.
21.All buildings used for the keeping of animals and all corral or enclosure fences
shall be constructed and maintained in a neat and orderly condition and kept in
good repair.Landscaping,or other screening techniques,shall be provided as
appropriate to assist in screening of stables,barns,corrals,composting bins and
stored hay from public view and from adjacent properties.
22.The applicant shall carry out a program of fly control through such means as
traps,pesticides or natural predators.
23.No structure or enclosure for the keeping of the horses shall be constructed or
maintained in any regular,intermittent or seasonal watercourse.
Resolution No.2011-
Page 7 of 7
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P.c.Resolution No.2011-38
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P .C.RESOLUTION NO.2011-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL GRANT A FIVE-YEAR EXTENSION OF
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO.002
(CASE NO.ZON2011-00292),FOR PROPERTY LOCATED AT 50
NARCISSA DRIVE.
WHEREAS,on October 17,2000,the City Council adopted Resolution No.2000-
70,thereby approving Conditional Large Domestic Animal Permit (CLDAP)No.002 for
the Ride-to-Fly organization.This CLDAP allows the keeping of up to 4 horses on the
subject property and the operation of the "Ride-to-Fly"therapeutic riding program on a
1.16-acres property.The permit was granted for an initial period of two (2)years;and,
WHEREAS,on October 1,2002,the City Council adopted Resolution No.2002-
85,thereby granting a two-year extension to Conditional Large Domestic Animal Permit
No.002;and,
WHEREAS,on December 7,2004,the City Council adopted Resolution NO.
2004-106,thereby granting a two-year extension to conditional Large Domestic Animal
Permit No.002;and,
WHEREAS,on December 19,2006,the City council adopted Resolution No.
2006-98,thereby granting a five-year extension to Conditional Large Domestic Animal
Permit No.002;and,
WHEREAS,on December 17,2011,the applicant submitted a written request to
extend Conditional Large Domestic Animal Permit No.002 for an additional period of
five years;and,
WHEREAS,the application was deemed complete for processing on October 25,
2011;and,
WHEREAS,on October 31,2011,notice of the pending application was mailed
to all property owners within a 500 foot radius and published in the Palos Verdes
Peninsula News on November 3,2011;and,
WHEREAS,pursuant to the provisions of the California Environmental Quality
Act,Public Resources Code Sections 21000 et.seq.("CEQA"),the State's CEQA
Guidelines,California Code of Regulations,Title 14,Section 15000 et.seq.,the City's
Local CEQA Guidelines,and Government Code Section 65962.5(f)(Hazardous Waste
and Substances Statement),Staff found no evidence that the extension of approval of
Conditional Large Domestic Animal Permit No.002 will have a significant effect on the
environment and,therefore,the review has been found to be categorically exempt
under Class 1 (Section 15301);and,
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WHEREAS,after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code,the Planning Commission held a duly noticed public
hearing on November 22,2011 at which time all interested parties were given an
opportunity to be heard and present evidence.
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND,DETERMINE AND RESOLVE AS FOLLOWS:
Section 1:The proposed extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the project applicant is a registered non-profit
501 (c)(3)corporation.As part of the approval for CLDAP No.002,the applicant
submitted evidence to the City that the Pony Club is a non-profit 501 (c)(3)corporation.
Furthermore,the conditions of approval require that the Pony Club submit evidence on
an annual basis of the continual 501 (c)(3)status.
Section 2:The proposed extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the permit will not be detrimental to the public
health,safety,or general welfare.The equestrian facility has been in operation on the
site since 2000,and the Ride-to-Fly organization has continued to operate it in
compliance with the conditions of approval set forth in Resolution No.2000-70.More
specifically,the site has generally been kept in good condition and maintained in a
clean manner.The corrals are kept in a clean condition,and there is not an excessive
smell from the manure composting or problems with flies on site.
SECTION 3:The proposed extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the number of horses that are allowed to be kept
and boarded on the property,and the operation of a therapeutic facility with programs
that provide a benefit to youth will not have significant adverse effects upon other
properties in the vicinity of the site.This equestrian facility has continually operated in
compliance with the conditions of approval.Furthermore,the site is sufficient in size and
shape to accommodate the four (4)horses without impacting the other properties in the
area.This is due to the fact that complaints regarding the number of horses on the
property have not been received,and the property has been kept in good condition.
Furthermore,there are no changes to any of the Ride-to-Fly programs or activities on
the site.
Section 4:The proposed extension of Conditional Large Domestic Animal
Permit No.002 is warranted because the cumulative impact,upon the properties in the
vicinity of the site or the community as a whole,will not,in the aggregate,constitute a
significant adverse impact upon the area.The subject site is located in the Portuguese
Bend Community,which is within an Equestrian Overlay (Q)District.The equestrian
facility has been in operation on the site since the 2000,and the Ride-to-Fly
organization continues to operate in compliance with the conditions of approval set forth
in Resolution No.2000-70.Thus,the continued operation of the Ride-to-Fly
organization on this site has not led to any significant cumulative impacts to the
P.C.Resolution No.2011-38
Page 2 of71-17
community since its commencement in 2000,and the approval of the extension should
not create a significant adverse impact upon the area.
Section 5:For the foregoing reasons and based on the information and
findings included in the Staff Report,Minutes and other records of proceedings,the City
Council of the City of Rancho Palos Verdes hereby grants a five-year extension of
Conditional Large Domestic Animal Permit No.002·(Case No.ZON2011-00292),
subject to the conditions contained in Exhibit 'A',attached hereto and made a part
hereof,which are necessary to protect the public health,safety and welfare in the area.
Section 6:For the foregoing reasons and based on the information and
findings included in the Staff Report,Minutes and other records of proceedings,the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council grant a five-year extension of Conditional Large Domestic Animal Permit
No.002 (Case No.ZON2011-00292),subject to the conditions contained in Exhibit '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 22 nd day of November 2011,by the
following vote:
AYES:Commissioners Emenhiser,Knight,Leon,Vice Chairman Tetreault and
Chairman Tomblin
NOES:None
ABSTENTIONS:None
RECUSALS:None
ABSENT:Commissioners Gerstner and Lewis
~~
David L.Tomblin
Chairman
P.C.Resolution No.2011-38
Page 3 of 7
1-18
Exhibit 'A'
Conditions of Approval
(P.C.Resolution No.2011-38)
Extension of Conditional Large Domestic Animal Permit No.002
(Case No.ZON2011-00292)
1.Approval of this extension to Conditional Large Domestic Animal Permit No.002
(Case No.ZON2011-00292)shall not be construed to mean any waiver of
applicable and appropriate zoning regulations,or any Federal,State,County,
and City laws and regulations.Unless otherwise expressly specified,all other
requirements of the City of Rancho Palos Verdes Municipal code shall apply.
2.Conditional Large Domestic Animal Permit No.002 is hereby extended for a
period of five (5)years,with an expiration date of December 19,2016.The
permit may be extended beyond this date provided an extension request is
submitted to the City prior to the December 19,2016 expiration date.If such an
extension request is submitted,the Planning Commission shall review said
extension request in an advisory role and provide a recommendation to the City
Council as deemed appropriate.Subsequently,the City Council shall conduct a
noticed public hearing,at which time the Council may extend the approval of the
CLDAP for an additional period of time to be determined by the City Council,not
to exceed five (5)years.
[MODIFIED BY THE CITY COUNCIL ON DECEMBER _,2011]
Unless modified herein,the following conditions of approval set forth in Resolution No.
2002-85,adopted by the City Council on October 1,2002,December ?,2004 and
December 19,2006,shall be complied with at all times:
3.Prior to the commencement of the use permitted by this approval,the applicant
and the property owner shall submit to the City a statement,in writing,that they
have read,understand,and agree to all conditions of approval contained in this
Resolution.Failure to provide said written statement within ninety (90)days
following date of this approval shall render this approval null and void.
4.This approval is for the keeping of four (4)horses and the operation of a
therapeutic riding program on a 1.16-acre vacant,contiguous property in the
Portuguese Bend Equestrian Overlay (Q)District,located at 50 Narcissa Drive.
This approval also includes the installation of "soft"paving in the off-street
parking area along Narcissa Drive and the repair of existing perimeter fencing
and installation of additional landscape screening.The Community Development
Director is authorized to make minor modifications to the approved plans and any
of the conditions of approval if such modifications will achieve substantially the
same results as would strict compliance with the approved plans and conditions.
Otherwise,any substantive change to the approved use shall require review by
P.C.Resolution No.2011-38
Page 4 of?
1-19
the Planning Commission and approval by the City Council of a ~evision'to
Conditional Large Domestic Permit No.002,and shall require new and separate
environmental review.
5.The use of the site shall conform to the specific standards contained in these
conditions of approval or,if not addressed herein,in the RS-2 and Equestrian
Overlay (Q)district development standards of the City's Municipal Code.
6.Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the City Council after conducting a
public hearing on the matter.
7.If the use approved by this permit has not been established within one year of the
final effective date of this Resolution,approval of the project shall expire and be
of no further effect unless,prior to expiration,a written request for extension is
filed with the Community Development Department,and is reviewed by the
Planning Commission and approved by the City Council.Otherwise,a
Conditional Large Domestic Animal Permit revision must be approved prior to the
commencement of the approved use.
8.In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department,the stricter
standard shall apply.
9.The approval of the Conditional Large Domestic Animal Permit No.002 is
granted to the applicant ("Ride-to-Fly")and not to the owner of the subject
property (George and Leanne Twidwell).The extension of this permit shall be
valid for a period of five (5)years,with an expiration date of December 19,2016,
and for as long as the applicant continues to utilize-the property where the
program is conducted in accordance with the terms of this Resolution.If the
applicant discontinues,vacates or abandons the use of the property where the
facility or program is conducted,the rights,privileges and obligations granted by
Conditional Large Domestic Animal Permit No.002 shall terminate and shall not
revert to the property owners.The permit shall also be terminated upon the
occurrence of any of the following:
a.The subject lot or parcel is subdivided,reduced in size or is combined with
one or more other lots or parcels;
b.A violation of any of the conditions upon which the permit was granted,
after a duly-noticed public hearing before the Planning Commission and
City Council;
c.The applicant discontinues,vacates or abandons the use of the subject lot
or parcel in accordance with the terms of the approved permit for a period
of more than one hundred eighty (180)days;
P.C.Resolution No.2011-38
Page 50f7
1-20
d.The property owners rescind the authorization for the use of the property
by the applicant;or,
e.The applicant no longer qualifies for registered non-profit 501 (c)(3)status,
as described in Section 17.78.010 of the Rancho Palos Verdes
Development Code.
[MODIFIED BY THE CITY COUNCIL ON DECEMBER _,2011]
10.Proof of the registered non-profit 501 (C)(3)status of the applicant must be
provided to the Community Development Director on an annual basis.In
addition,the applicant shall notify the Director in writing within thirty (30)days of
any change in non-profit status.
11.A maximum of four (4)horses belonging to the applicant may be kept on the
subject property at any time.
12.No additional structures are permitted by this approval and the existing structures
and facilities on the site shall maintain the minimum 35-foot sanitary setback
specified in Section 17.46.060(A)(1)of the Rancho Palos Verdes Development
Code.Any future relocation of the structures and facilities on the site shall be
subject to review and approval by the Community Development Director or,at
his/her discretion,the Planning Commission and/or City Council.
13.The applicant shall be responsible for completing the following tasks,to the
satisfaction of the Community Development Director:
f.Maintain the existing perimeter fencing around the corrals;
g.Maintain landscape screening along the perimeter of the corrals,
especially along the Narcissa Drive frontage of the property;and,
h.Maintain the "soft"paving such as decomposed granite in the off-street
parking area along Narcissa Drive,subject to the authorization of the
Portuguese Bend Community Association.
14.The approved days and hours of operation for the therapeutic riding program are
limited as follows:
Tuesday through Friday:
Saturdays:
10:00 PM to 5:00 PM or sunset,whichever is earlier
9:00 AM to 5:00 PM or sunset,whichever is earlier
Any proposal to change the days and/or hours of operation requires the review of
the Planning Commission and the approval of the City Council.
P.C.Resolution No.2011-38
Page 6 of 7
1-21
15.Off-street parking shall only be provided along Narcissa Drive frontage of the
subject property.No more than ten (10)vehicles may be parked on the site at
any time.All vehicles must be parked so as not to infringe upon the paved
roadway of Narcissa Drive or to otherwise interfere with the passage of motorists,
pedestrians or equestrians by the site.
16.The applicant shall ensure that the site is visited daily to feed and water the
horses,verify the status of the horses'condition and health,and inspect the
condition and integrity of the horses'enclosure.
17.A weatherproof notice setting forth the name of the person(s)responsible for the
horses and a phone number(s)to be called in the event of an emergency shall be
displayed on,or in the vicinity of,the enclosure in which the horses are kept.
18.The applicant is responsible for the continuous maintenance of sanitary
conditions,including,but not limited to,the cleaning of corrals,stables,barns and
other areas to which animals have access;and the proper disposal of manure,
offal,soiled straw and other refuse.Animal waste shall not be allowed to
accumulate,run off or leach so as to create a nuisance or be offensive to other
persons in the vicinity.Manure may be disposed of by removal from the lot or
parcel by a city-licensed waste disposal company,or by composting.If waste or
manure is to be composted,the composting material shall be kept in a
composting bin,and the composting shall be performed in accordance with City-
approved composting procedures.Proper procedures must be used to control
insects and minimize offensive odors.
19.Animal waste,manure,offal,soiled straw and other refuse shall not be allowed to
accumulate in any regular,intermittent or seasonal watercourse.
20.The property shall be maintained so that there is no standing surface water or
ponding within areas in which horses are kept.
21.All buildings used for the keeping of animals and all corral or enclosure fences
shall be constructed and maintained in a neat and orderly condition and kept in
good repair.Landscaping,or other screening techniques,shall be provided as
appropriate to assist in screening of stables,barns,corrals,composting bins and
stored hay from public view and from adjacent properties.
22.The applicant shall carry out a program of fly control through such means as
traps,pesticides or natural predators.
23.No structure or enclosure for the keeping of the horses shall be constructed or
maintained in any regular,intermittent or seasonal watercourse.
P.C.Resolution No.2011-38
Page 7 of71-22
·P.C.Resolution Minutes (DRAFT)
1-23
Associate Planner Kim presented the staff report explaining the scope of the ,
including the location of the new antennas and how these antennas'creened.
She stated that staff felt the visual impact of the project will be .al and all findings
can be made to recommend approval of the project as I ioned in the staff report.
Chairman Tomblin opened the public hea',and there being no speakers,closed the
public hearing.
Commissioner Leon ad to approve the project as conditioned by staff with
the amendment e conditions that the extension request will go before the
body that oved the original application,seconded by Commissioner Knight.
PC Re ution 2011-37 was approved,(4-0)with Commissioner Emenhiser
r sed.
4.Conditional Large Domestic Animal Permit (Case No.ZON2011-00292):50
Narcissa Drive
Commissioner Emenhiser returned to the dais.
Associate Planner Mikhail presented the staff report giving a brief history of the Permit
for Ride to Fly and explaining this extension application is before the Planning
Commission in an advisory role prior to going before the City Council for a final decision
as to whether or not to extend the permit an additional five years.She stated staff was
able to make the necessary findings in order to approve the Conditional Large Domestic
Animal Permit.She pointed out an amendment to condition No.2,as noted in the staff
report,which states future applications will come before the Planning Commission in an
advisory role before going to the City Council.There is also a change in the date from
December 16th to December 19th .With that,she stated that staff is recommending the
adoption of the Resolution thereby forwarding the matter to the City Council.
Chairman Tomblin opened the public hearing.
Gail Grove stated she is the Executive Director of Ride to Fly and was available to
answer any questions the Commission may have about the program.
Susan Inclan explained that parents like herself with disabled children are challenged to
find an activity that a child can participate in and benefit from.She explained how Ride
to Fly has helped her son and how the program makes a difference for the kids who are
involved.
Kim Sinclair also discussed how Ride to Fly has helped her disabled child and the
benefits he has gained from the program.
Chairman Tomblin closed the public hearing.
Planning Commission Minutes
November 22,2011
Page 4
1-24
Commissioner Knight moved to approve the request as recommended by staff
with the change to Condition No.2 as noted by staff,seconded by Commissioner
Emenhiser.PC Resolution 2011-38 was adopted without objection.
5.FAR Code Amendment (Case No.ZON2010-00332)
Senior Planner Schon born presented the staff report,explaining that at the Sember
2ih meeting several alternatives had been discussed in regards to the FA nd the
Commission had directed staff to conduct additional analysis.He expla'd that staff
looked at FAR based on neighborhood districts as well as establishin e FAR at the
90th percentile for each zoning district,and discussed staff's findin as noted in the
staff report.He stated that staff was asking the Planning Comm'ion to consider
whether or not an FAR at the 90 th percentile is appropriate an r fair,if there were
other alternatives that the Commission would like to pursue nd if any additional
information was needed from staff.He also reminded the ommission that a newly
elected Council will be seated and asked the Commisso to consider whether or not
the Commission and staff should bring this item bac the City Council for their
direction.
Commissioner Knight asked staff to walk the C mission through an example using the
FAR 90 th percentile chart in the staff report,.an acre sized RS2 lot somewhere in
the Colt Road area.He asked what the m mum structure size would be using this
example.
Senior Planner Schonborn calculate e maximum structure size would be
approximately 11,000 square feet.
Commissioner Knight stated t many of these lots have open space hazard zoning
and therefore only one half t one quarter of the lot is buildable.He asked if the full
11,000 square foot structu be allowed on the buildable area as a result of applying the
FAR.
Senior Planner Sch orn answered that the full 11,000 square foot structure would be
allowed as long as fits onto the buildable area.
Commissioner ight questioned how the city would interplay the FAR with
neighborhoo ompatibility in situations such as this.He was concerned that with an
FAR an ap~cant may have a sense of entitlement when its very impractical to apply the
FAR in ce in situations.
Rojas agreed,noting staff has been trying to reconcile how this will work.
Vic Chairman Tetreault felt the City Council charge to the Planning Commission,with
re ect to developing some type of an FAR,was an expression of concern over the
f ure of how creeping home sizes could impact the community and to put some upper
limits on how large homes could get.He didn't sense from the City Council a concern
Planning Commission Minutes
November 22,2011
Page 5
1-25
Resolution No.2006-98
1-26
RESOLUTION NO.2006-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES GRANTING A FIVE (5)YEAR EXTENSION TO
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO.2 (CASE NO.
ZON2004-00433),FOR PROPERTY LOCATED AT 50 NARCISSA DRIVE.
WHEREAS,on October 17,2000,the City Council approved Conditional Large
Domestic Animal Permit No.2,thereby allowing Ride-to-Fly to maintain four (4)horses
and operate a therapeutic riding program on a 1.16-acre parcel within the Portuguese
Bend Community for an initial period of two (2)years;and,
WHEREAS,on October 1,2002,the City Council granted a two (2)year
extension.of CLDAP No.2;and,
WHEREAS,on December 7,2004,the City Council granted a two (2)year
extension of CLDAP No.2,thus the permit expires on December 23,2006.
WHEREAS,on November 9,2006,the Equestrian Committee conducted a duly
noticed public hearing on the extension of Conditional Large Domestic Animal Permit
NO.2 (Case No.lON2004-00433).After considering all written and oral testimony,the
Equestrian Committee recommended that the City Council approve a five (5)year
extension of Conditional Large Domestic Animal Permit No.2,by an 8-0 vote;and,
WHEREAS,pursuant to the provisions of the California Environmental Quality
Act,Public Resources Code Sections 21000 et.seq.("CEQA"),the State's CEQA
Guidelines,California Code of Regulations,Title 14,Section 15000 et.seq.,the City's
Local CEQA Guidelines,and Government Code Section 65962.5(f)(Hazardous Waste
and Substances Statement),Staff found no evidence that the extension of the
Conditional Large Domestic Animal Permit will have a significant effect on the
environment and,therefore,the review has been found to be categorically exempt
under Class 1 (Section 15301);and,
WHEREAS,after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code,the City Council held a duly noticed public hearing on
December 19,2006,at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND,DETERMINE AND RESOLVE AS FOLLOWS:
Section 1:The City Council finds that Ride-to-Fly is complying with all of the
conditions of approval for Conditional Large Domestic Animal Permit No.2,and has not
created an undue negative impact to the Portuguese Bend Community.Therefore,the
City Council feels that the proposed five (5)year extension of the CLDAP shall be
granted.
1-27
Section 2: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 3:For the foregoing reasons and based on the information and
findings included in the Staff Report,Minutes and other records of proceedings (dated
November 9,2006 and December 19,2006),the City Council of the City of Rancho
Palos Verdes hereby grants a five (5)year extension of Conditional Large Domestic
Animal Permit NO.2 (Case No.ZON2004-00433),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 19 th day of December 2006.
lsi Thomas D.Long
Mayor
Attest:
lsi Carolynn Petru
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carolynn Petru,City Clerk of the City of Rancho Palos Verdes,hereby certify that the
above Resolution No.2006-98 was dUly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on December 19,2006.
City Clerk
Resolution No.2006-98
Page 2 of 21-28
Resolution No.2006-98 -Exhibit "A"
Conditions of Approval
Conditional Large Domestic Animal Permit No.2
(Case No.ZON2004-00433)
1.Approval of this extension to Conditional Large Domestic Animal Permit No.2
(Case No.ZON2004-00433)shall not be construed to mean any waiver of
applicable and appropriate zoning regulations,or any Federal,State,County,
and City laws and regulations.Unless otherwise expressly specified,all other
requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
2.Conditional Domestic Animal Permit NO.2 is hereby extended for a period of five
(5)years,from the date of the adoption of this Resolution.At the conclusion of
the five (5)year period,the City Council shall conduct a hearing,at which time
the Council may extend the approval of the CLDAP for an additional period of
time to be determined by the City Council,not to exceed five (5)years.
Unless modified herein,the following conditions of approval set forth in Resolution No.
2002-85,adopted by the City Council on October 1,2002,and December 7,2004,shall
be complied with at all times:
3.Prior to the commencement of the use permitted by this approval,the applicant
and the property owner shall submit to the City a statement,in writing,that they
have read,understand,and agree to all conditions of approval contained in this
Resolution.Failure to provide said written statement within ninety (90)days
following date of this approval shall render this approval null and void.
4.This approval is for the keeping of four (4)horses and the operation of a
therapeutic riding program on a 1.16-acre vacant,contiguous property in the
Portuguese Bend Equestrian Overlay (Q)District,located at 50 Narcissa Drive.
This approval also includes the installation of "soft"paving in the off-street
parking area along Narcissa Drive and the repair of existing perimeter fencing
and installation of additional landscape screening.The Director of Planning,
Building and Code Enforcement is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the
approved plans and conditions.Otherwise,any substantive change to the
approved use shall require review by the Equestrian Committee and approval by
the City Council of a revision to Conditional Large Domestic Animal Permit No.2,
and shall require new and separate environmental review.
5.The use of the site shall conform to the specific standards contained in these
conditions of approval or,if not addressed herein,in the RS-2 and Equestrian
Overlay (Q)district development standards of the City's Municipal Code.
Resolution No.2006-98
Exhibit A
Page 1 of 4
1-29
6.Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the City Council after conducting a
public hearing on the matter.
7.If the use approved by this permit has not been established within one year of the
final effective date of this Resolution,approval of the project shall expire and be
of no further effect unless,prior to expiration,a written request for extension is
'filed with the Department of Planning,Building and Code Enforcement,and is
reviewed by the Equestrian Committee and approved by the City Council.
Otherwise,a conditional large domestic animal permit revision must be approved
prior to the commencement of the approved use.
8.In the event that any of these conditions conflict with the recommendations
an~/or requirements of another permitting agency or City department,the stricter
standard shall apply.
9.The approval of the Conditional Large Domestic Animal Permit NO.2 is granted
to the applicant ("Ride-to-Fly")and not to the owners of the subject property
(George and Leanne Twidwell).The extension of this permit shall be valid for a
period of two (2)years from the date of the approval of the extension by the City
Council,and for as long as the applicant continues to utilize the property where
the program is conducted in accordance with the terms of this Resolution.At the
end of the 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 where the facility or
program is conducted,the rights,privileges and obligations granted by
Conditional Large Domestic Animal Permit No.2 shall terminate and shall not
revert to the property owners.The permit shall also be terminated upon the
occurrence of any the following:
a.The subject lot or parcel is subdivided, reduced in size or is combined
with one or more other lots or parcels;
b.A violation of any of the conditions upon which the permit was granted"
after a duly-noticed public hearing before the Equestrian Committee and
City Council;
c.The applicant discontinues,vacates or abandons the use of the subject
lot or parcel in accordance with the terms of the approved permit for a
period of more than one hundred eighty (180)days;
d.The property owners rescind the authorization for the use of the property
by the applicant;or,
Resolution No.2006-98
Exhibit A
Page 2 of 4
1-30
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.
10.Proof of the registered non-profit 501 (c)(3)status of the applicant must be
provided to the Director of Planning,Building and Code Enforcement on an
annual basis.In addition,the applicant shall notify the Director in writing within
thirty (30)days of any change in non-profit status.
11.A maximum of four (4)horses belonging to the applicant may be kept on the
subject property at any time
12.No additional structures are permitted by this approval and the existing structures
an9 facilities on the site shall maintain the minimum 35-foot sanitary setback
specified in Section 17.46.060(A)(1)of the Rancho Palos Verdes Development
Code.Any future relocation of the structures and facilities on the site shall be
subject to review and approval by the Director of Planning,Building and Code
Enforcement or,at his/her discretion,the Equestrian Committee and/or City
Council.
13.The applicant shall be responsible for completing the following tasks,to the
satisfaction of the Director of Planning,Building and Code Enforcement:
a.Maintain the existing perimeter fencing around the corrals;
b.Maintain landscape screening along the perimeter of the corrals,
especially along the Narcissa Drive frontage of the property;and,
c.Maintain the "soft"paving such as decomposed granite in the off-street
parking area along Narcissa Drive,subject to the authorization of the
Portuguese Bend Community Association.
14.The approved days and hours of operation for the therapeutic riding program are
limited as follows:
Tuesday through Friday:10:00 PM to 5:00 pm or sunset,whichever is earlier
Saturdays:9:00 AM to 5:00 PM or sunset,whichever is earlier
Any proposal to change the days and/or hours of operation requires the review of
the Equestrian Committee and the approval of the City Council.
15.Off-street parking shall only be provided along the Narcissa Drive frontage of the
subject property.No more than ten (10)vehicles may be parked on the site at
any time.All vehicles must be parked so as not to infringe upon the paved
roadway of Narcissa Drive or to otherwise interfere with the passage of motorists,
Resolution No.2006-98
Exhibit A
Page 3 of 4
1-31
pedestrians or equestrians by the site.
16.The applicant shall ensure that the site is visited daily to feed and water the
horses,verify the status of the horses'condition and health,and inspect the
condition and integrity of the horses'enclosure.
17.A weatherproof notice setting forth the name of the person(s)responsible for the
horses and a phone number(s)to be called in the event of an emergency shall be
displayed on,or in the vicinity of,the enclosure in which the horses are kept.
18.The applicant is responsible for the continuous maintenance of sanitary
conditions,including,but not limited to,the cleaning of corrals,stables,barns and
other areas to which animals have access;and the proper disposal of manure,
offpl,soiled straw and other refuse.Animal waste shall not be allowed to
accumulate,run off or leach so as to create a nuisance or be offensive to other
persons in the vicinity.Manure may be disposed of by removal from the lot or
parcel by a city-licensed waste disposal company,or by composting.If waste or
manure is to be composted,the composting material shall be kept in a
composting bin,and the composting shall be performed in accordance with City-
approved composting procedures.Proper procedures must be used to control
insects and to minimize offensive odors.
19.Animal waste,manure,offal,soiled straw and other refuse shall not be allowed to
accumulate in any regular,intermittent or seasonal watercourse.
20.The property shall be maintained so that there is no standing surface water or
ponding within areas in which the horses are kept.
21.AII buildings used for the keeping of animals and all corral or enclosure fences
shall be constructed and maintained in a neat and orderly condition and kept in
good repair.Landscaping,or other screening techniques,shall be provided as
appropriate to assist in screening of stables,barns,corrals,composting bins and
stored hay from public view and from adjacent properties.
22.The applicant shall carry out a program of fly control through such means as
traps,pesticides or natural predators.
23.No structure or enclosure for the keeping of the horses shall be constructed or
maintained in any regular,intermittent or seasonal watercourse.
Resolution No.2006-98
Exhibit A
Page 4 of 4
1-32
Proof of 501(C)(3)status
1-33
~,\%1IRS Department of the Treasury'ittfzi'J/I..Intel'nal Revenue S"/"'ice
P.O.Box 2508
Cincinnati OH 45201
In re refer to:0248667579
Oct.03,2011 LTR 4168C EO
95-4488084 000000 00
00017399
BODC:TE
S::~~;(,_iJ,'I:
~
08119
RIDE TO FLY
PO BOX 4991
PALOS VERDES CA 90274-9650
RECEIVED
OCT 07 2011
COMMUNITY DEVELOPMENT
DEPARTMENT
Employer Identification Number:95-4488084
Person to Contact:Mr Gerding
Toll Free Telephone Number:1-877-829-5500
Dear Taxpayer:
This is in response to your Sep.22,2011,request for information
regarding your tax-exempt status.
Our records indicate that you were recognized as exempt under
section 501Cc)C3)of the Internal Revenue Code in a determination
letter issued in June 1995.
Our records also indicate that you are not a private foundation within
the meaning of section 509Ca)of the Code because you are described in
section 509Ca)(2).
Donors may deduct contributions to you as provided in section 170 of
the Code.Bequests,legacies,devises,transfers,or gifts to yOU or
for your use are deductible for Federal estate and gift tax purposes
if they meet the applicable provisions of sections 2055,2106,and
2522 of the Code.
Please refer to our website www.iQs.gov/eo for information regarding
filing requirements.Specifically,section 6033Cj)of the Code
provides that failure to file an annual information return for three
consecutive years results in revocation of tax-exempt status as of
the filing due date of the third return for orgahizations required to
file.We will publish a list of organizations whose tax-exempt
status was revoked under section 6033Cj)of the Code on our website
beginning in early 2011.
1-34