20170418 Late CorrespondenceCity of RANCHO PALOS VERDES
Community Development Department
GRADING PERMIT
The purpose of a grading permit is lo ensure that ear1h movement associated with the development
of a property preserves the natural scenic character of the area and occurs in a manor harmonious
with adjacent land so as to minimize adverse impacts and maintain the visual continujjy_Qi.lb_e ar~g_
without unsightly continuous _ benching of building sit~s AC'tording to 1Section 17.76.940.of the
City's Development Code, there are three types of grading permits that may be issued with this
application. These are described below .
I. QOjpgr Gca£1jpg Permj~ required for all earthwork projects which involv~ny of the following:
1. An excavation. fill, or combination thereof, in excess of twenty (20) cubic yards
l exclusive of footing and foundation wall excavations) in any two (2) year period on a
slope of less than 35%.
2. An excavation three (3) feet or more, but less than five (5) feet below natural grade. or
a fill three (3) feet or more. but less than five (5) feet above naturai grade on a slope
less than 35%.
II. Major Grading Permit~required for all earthwork projects which involve any of the following:
1. An excavation or fill, or combination thereof, in excess of fifty (50) cubic yards in any
two (2) year period;
2 . An excavation five (5) feet or more below natural grade or fill five (5) feet or more
above natural grade;
3. Any excavation or fill which encroaches on or alters a natural drainage channel or
water cour · and
4 . Unless otherwise exempted, an excavation or fill on an extreme slope (i.e . 35% or
great).
Ill. t)emedial Gradins Permi~ required for excavations, fill or any redistribution o·f earth
matenals for the purpose of enhancing soil stability and/or reducing geotechnical hazards
due to natural land movement or the presence of natural hazards. Grading Applications for
remedial grading shall be accompanied by geological and/or soils reports which justify the
need for the remedial grading and indicate that the grading will not aggravate the existing
soils and/or geologic conditions .
Required Application Filing Fees
-·-$190 for a Minor Grading Permit
__ $2,345 for a Major Grading Permit -Director level Review
_ $3,31?. for a Major Grading Permit -Planning Commission level Review
__ $4 for Data Entry Fee
__ $18 for Historic Data Input (one time fee per properly)
-------~ ---------,-:-;::··-\
~7.76.040 -Gradi:~~~~~S--j
~~----A. Purpose. The city finds and declares that it is necessary to adopt this section to promote the
public health, safety and general welfare. Where this section is in conflict with other cit)'.
(j) /7 prdin~nces, the ;tricter shall appl.Specifically, this section provides for:
1. Permitting reasonable development of land and minimizing fire hazards, ensuring the
maximum retention of groundcover to aid in protection against flooding, erosion, earth
movement, siltation and other similar hazards;
2. Ensuring the maximum preservation of the natural scenic character of the area
consistent with reasonable economic use of such property;
3. Ensuring that the development of each parcel of land, as well as watercourses, streets
and other public lands and places, occurs in a manner harmonious with adjacent lands
so as to minimize problems of flooding, drainage, erosion, earth movement and similar
hazards, and to maintain the visual continuity of hill and valley without unsightly
continuous benching of buildable sites; and
4. Ensuring that each project complies with all goals and policies of the general plan, any
specific plan and any amendments.
ID
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THE CITY IS INCORRECT WITH SOME FACTS
PAGE 4 OF Tm: COUNCIL REPORT SAYS: 4f
Accotdingly, the Applicant submitted a revised survey that reMOVed ail nonwre!evant
mformation about the Appe!!ants' property No othe!" changes have been made to the
survey
THERE ARE SEVERAL CHANGES IN nm SURVEY. FOR EXAMPLE
FOLLOWING ADDITION AFFECTS BOTH SIDES OF THE PROPERTY
"' ;,
::
lOT IS?.
~ . I,
1-t~ .. 6 JO..... \
LO.L!J2
Jl;yh VulfuJe 'VrtPll
TJ etii I "13'
-f'/e Jct.le. ·-·
SINCE PROPERTY LINE DISPUTE IS A CIVIL ISSUE, THE CITY
SHOULD NOT ALLOW THESE DISPUTED NUMBERS ON THE SURVEY
TO BE PART OF THE CITY COUNCIL DELIBERATIONS AND CITY
RECORDS.
1..VI J;Jt..
( Ex1sfin7 Cone. 1:eki""'S "•1J,(8"W,J•)
i'::I ) '-j !Sy KADOWAkLS
t . l i0o//%JZ;;/'.//%J ;,;-I :;, +~--·..1.----·
,~·-1-£Z'.7"u7Z?:2) 17t "'
~· l • .
Propof"1i .l:fe.w. .. C=::...;y,,JI, ;:-,J,J,.
LOT 133
Def.a. ii "11"
.. .NtJ SCiJ<t ...
PROPERTY LINE-·-,
EXIST CONC.
RETAINING
SCALE VS. NO SCALE
0.1' = 1.2"
6" vs. l .T = 5 FOLD ERROR
180.'33·
SCALE: l/8if=l'-0il
CA]) sft<--:"··fut-
ui
l"JQN:~QMI'.J,,I~NCE QE 7 TITI,E 16 &lI PROVISIONS 6
l. Section 17.86.060 (B): Incorrect information supplied by Applicant.
5 times more inaccurate "'No Scale~ drawing was used to grant Pem1it.
2. Section 17.86.060 (C): The Permit was issued SOLELY on view and Foliage
considerations -Page 5 of Planning Commission Minutes).
Contrary to provisions of the Municipal Code
3. Section 17.76.040: !fin conflict, stricter shall apply.
Subsection (I) requires a Minor Grading Permit for 3-5' excavation.
4. Section I 7.76.040(ll): Requires Major Grading Permit for altering the water
course. 'Ibis code is non compliant.
5. Section 17. 76.040 (Ill): Required Remedial Grading permit for any distribution
of earth to contain hawrds to property (Our Geotech Report addresses hazards).
6. Section 17.86.080: Requires doubling fees/penalties for work without permits.
Totally non compliant by City.
?. Section 17.76.030 (3 c): For fences, requires compliance with all Mini Codes.
Above Non-Compliances contributed to severe damage to property.
Additional damages will occur if the Fence processes are restarted.
TO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
APRIL 18, 2017
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting
Item No. Description of Material
F Email from John Ek
**PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, April 17, 2017**.
Respectfully submitted,
W:\01 City Clerk\LATE CORRESPONDENCE\2017 Cover Sheets\20170418 additions revisions to agenda.doc
From:
Sent:
To:
Subject:
Attachments:
FYI
Doug Willmore
Monday, April 17, 2017 6:03 PM
cc
FW: RPV City Council: Draft Cover Letter and Counterpoint Letter
VZ_Rancho_Palos_ Verdes_ Cover _Letter.pdf; VZ_RPV _Counterpoint_Letter.pdf
From: Ek, John [mailto:john@ek-ek.com]
Sent: Monday, April 17, 2017 3:15 PM
To: Doug Willmore <DWillmore@rpvca.gov>
Subject: FW: RPV City Council: Draft Cover Letter and Counterpoint Letter
Dear Mr. Willmore,
On behalf of my client Verizon, please find the attached letter asking that you please postpone taking any action on Item Fon your
Consent Calander until we have had a chance to meet with you on the Item.
In addition to the attached letter we have also included some information regarding a recent communication you received from the
League of California Cities.
If you have any questions please do not hesitate to contact me at 310-947-6406.
Thank you in advance for your consideration.
Sincerely,
John Ek
1 F
verizonJ
AprH 1 7, 201 7
Mayor Brian
of Rancho Palos Verdes
29301 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Dear Mayor Campbell,
It has come to our attention that City Staff has requested the Rancho Palos Verdes Council take a formal
position opposing Senate Bill 649 (Hueso) to the !ocal permitting process for small wireless facility installation
("small cell sh) in California, We respectfully ask that you re -consider this reque~~t at least until you and the Council
have an opportunity to review the attached materials and consider our invitation to discuss your concerns directly
with UfL This issue is too important for California not to get
For several months, Verizon has led a campaign to reach out directly to local government leaders throughout the
state, including Long Beach and Los to discuss the critical need to modernize the process for wireless
infrastructure deployment We have found many city leaders intrinsically recognize this need and some have taken
proactive action to update their own city's processes to kei1p pace with advancements, The policy and
technical briefings we have had and continue lo have with iocal leaders has helped inform the legislative process so
that together we can expand local best practices to the state level and communities across California benefit
this same lime, Verizon reprerrnntatives have traveled across the state to meet with any stakeholder willing to
discuss this legislation in good faith. As a direct result of these discussions, we've made several amendments to
this legislation and secured the support of over 100 business, community and public safety groups throughout the
state. Through active collaboration, the wireless industry has recently agreed to addit]QDill amendments specifically to
address locnl government concerns. As these amendments to SB 649 arc not reflected in the Rancho Palos Verdes
Staff Report for Agenda item F, we would appreciate the opportunity to share and discuss them with you in advance of
a vote by the City Council.
Ttle attached materials include a document wrth counterpcirits to each of the assertions the League of California
Cities makes in their Sample Letter of Opposition, a background paper on SG technology, a fact sheet on SB 649, a
case study on Verizon's strong commitment to public safety, and a memo from a nationally-recognized public
opinion research firm.
Voters, taxpayers and residents agree this legislation strikes an appropriate ba!ance between wireless providers arid
local governments and encourages ongoing investment in California's wireless infrastructure while protecting
municipal interests. Most importantly, Californians view this legislation as serving a compelling public interest as
they increasingly use wireless services to talk, text, access Hm Internet and connect with public safety services.
verizonJ April 17. 2017
Mayor Brian Campbell
of nancho Palos Verdes
Wireleo>s infrastructure providers are ready to invest in and expand California's network through small cell
deployment. Small cells. and 50 hold tremenck>us promise to help communities improve civic services,
public transportation, heal!h care, education. energy and the convenience oi residents.
W~l respnctfully ask that you consider all viewpoints in ordH to rnake a more-informed decision.
t<~ U(. R-er.u-
fiudolph M fieyes
President. Public Policy & Legal Affairs
Pacific and North Contra!
cc: Mayor Pro Tern Jerry V. Duhovic
Councilwoman Susan M. Bmo)rn
Councilman Ken Dyda
Councilman /\nthony M, Misetich
Doug Wi!lmorn, City Manager
Gabriella Yap, Deputy City Manager
!<it Fox, 8enior 1\dministrative Analyst
verizon
April 18, 2017
The Honorable Ben Hueso
California State Senate, District 40
State Capitol Building, Room 4035
Sacramento, CA 95814
SUBJECT: SB 649 as Proposed to be Amended by RN 17 0894 l (Hueso). Wireless
and Small Cell Telecommunications Facilities.
Notice of Opposition
Via Facsimile: (916) 651-4940
Verizon remains committed to meet with any stakeholder willing to negotiate in good faith and discuss improving
SB 649 and make the legislation more workable for all parties. This issue is too important not to get right and
solve for the benefit of all Californians.
Dear Senator Hueso:
The City of Rancho Palos Verdes respectfully opposes your SB 649 and proposed amendments related to the permitting of wireless
and small cell telecommunications facilities. This proposal unnecessarily and unconstitutionally strips local authority over public
property and shuts out public input and local discretion by eliminating consideration of the aesthetic and environmental impacts of
"small cells."
SB 649 updates the local permitting process for the small cell installations that are necessary to meet current
demand for wireless data and to lay the foundation for the 5G networks of tomorrow. The bill confirms that the
placement of small antenna equipment within FCC size limitations can be attached to utility poles through an
administrative process. The bill provides for the use of City-owned light standards and similar right-of-way
facilities as well as other commercially available properties on fair, reasonable, nondiscriminatory terms and
expressly preserves reasonable and feasible local control over aesthetics and design of small cells on
locally-owned poles and structures. Small cells remain subject to all state health and safety requirements.
A-1
verizon
This proposal would prohibit local discretionary review of"small cell" wireless antennas, including equipment collocated on
existing structures or located on new "poles, structures, or non-pole structures," including those within the public right-of-way
and buildings. The proposal preempts adopted local land use plans by mandating that "small cells" be allowed in all zones as a
use by-right, including all residential zones.
State and local government regulations control the type of equipment that may be attached to utility poles,
including structural, wind load, height, placement and separation requirements. This bill does not change that.
Utilities and telecommunications companies adhere to all rules and regulations pertaining to pole attachments,
and SB 649 maintains and enforces these rules while permitting the addition of small cell equipment of limited
size as determined by the FCC. State law already grants telephone corporations the right to place telephone
facilities in public rights-of-way, including residential zones.
As such, the proposal provides a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of
such facilities and precludes consideration by the public of the aesthetic, nuisance, and environmental impacts of these facilities, all
of which are of particular importance when the proposed location of facilities is within a residential zone.
SB 649 does not amend the California Environmental Quality Act (CEQA) in any way. Instead, the bill affirms that a
small cell should be approved administratively, subject to state and local health and safety requirements.
SB 649's use of the Federal Communications Commission (FCC) definition ofa "small cell" includes other "small cell" equipment
such as electric meters, concealments, telecom demarcation boxes, ground-based enclosures, battery backup power systems,
grounding equipment, power transfer switches, cutoff switches, cables, or conduits. The proposal allows for an unlimited number
of antennas of less than three cubic feet each or six cubic feet for all antennas, while placing no height restrictions on the pole.
While proponents argue that an individual "small cell" has very little impact, the cumulative size specifications of all the small
cells and associated equipment far exceed the perceived impacts from a single small cell.
The limitation of six cubic feet for all antennas effectively precludes the deployment of "an unlimited number of
antennas" within any particular site. Small cells that adhere to these size and volume limitations already are
deployed in California without any negative impacts. The wireless industry is open to reasonable height
restrictions on poles used for small cells. If the League of Cities actually has an issue with the definition itself or
the dimensions contained therein, as opposed to simply raising it as a strawman, they should offer a feasible
alternative. To date, they have not.
A-1
verizon
The proposal also unconstitutionally preempts local authority by requiring local governments to make available sites they own for
the installation of a "small cell." While a city may place "fair and reasonable terms and conditions" on the use of city property, the
proposal does not provide a city with any discretion to deny a "small cell" to be located on city property, except for fire department
sites. In effect, this measure unconstitutionally gives control of public property to private telecommunications companies, while
also precluding local governments from leasing or licensing publicly-owned property.
The proposed measure doesn't give control of public property to wireless providers. It grants fair, reasonable and
nondiscriminatory access to attach small cells to locally-owned utility poles, street lights and other suitable
infrastructure within the public rights-of-way and in other public places such as stadiums, campuses, transit
stations and public buildings. A state policy in favor of using existing structures in a non-discriminatory way rather
than building more poles is congruent with California's historic commitment to sustainability and aesthetics. And
it provides municipalities full recovery of all costs associated with small cell attachment. Indeed, SB 649 does not
preclude local governments from leasing or licensing publicly owned property.
This bill strips local government of the authority to protect the quality oflife of our residents, and to protect public property and the
public right-of-way from relatively unconstrained access by small cells. In 2015, the City of Rancho Palos Verdes undertook a
comprehensive initiative to develop a new wireless telecommunications permitting process for small cells and other installations in
the City's public rights-of-way, particularly in residential neighborhoods. This initiative, which undertaken as a result of increasing
resident concerns about the proliferation of cell sites in the City's public rights-of-way, involved the participation of City leaders,
residents and telecommunications service providers, culminating in the adoption of the City's Wireless Telecommunications
Facilities Ordinance in March 2016. The City is currently processing more than two dozen permit applications under this
ordinance.
California has now had several years of experience attempting, city by city, to adapt to meet the growing
demands for wireless broadband using small cells. What that experience has demonstrated is that the regulatory
paradigm designed for macro towers over 20+ years is insufficient. California cannot afford to wait the many
years it would take every city to modernize its approach, and there is no reason it should. Wireless and small cell
telecommunications facilities are critical pieces of a network infrastructure that supports advanced technology,
civic participation and 9-1-1 services to homes, businesses and schools. Wireless data usage is growing at a
compound annual rate of 35%. Carriers can't build enough large "macro" towers to meet this demand, and
communities wouldn't want them to even if it were possible. Small cells provide the needed network capacity in
an unobtrusive manner. These deployments are designed to blend into the existing environment as much as
possible. Customers and residents use their smartphones and other devices for a growing number of purposes,
including public safety, and in order to ensure that they have access to the services they want, providers have to
be able to deploy the network infrastructure that makes those services work.
A-2
verizon
Local governments typically encourage new technology into their boundaries because of its potential to dramatically improve the
quality of life for their residents. However, SB 649 goes too far by requiring local governments to approve "small cells" In all
land use zones, including residential zones, through a ministerial permit, thereby shutting the public out of decisions that
could affect the aesthetics of their community and the quality of their environment. For these reasons, the City of Rancho
Palos Verdes opposes your SB 649.
This bill does not shut the public out of aesthetic decisions or environmental quality. Instead, what it requires only
is that those decisions be made up front, and objectively, rather than by unelected city planning staff arbitrarily
and after the fact. This bill strikes the right balance in encouraging ongoing investment in wireless broadband data
technology that consumers, business and government increasingly demand, while maintaining local governments'
oversight of the public rights-of-way and public infrastructure.
SB 649 gives wireless providers the transparency and uniformity necessary for long-range strategic planning of
capital investment. Wireless providers would still be required to obtain permits -including requirements that
pertain to health and safety -but they would be approvied or denied in a programmatic ministerial-type fashion
focused on compliance with local codes.
Sincerely,
Brian Campbell
Mayor
cc: Rancho Palos Verdes City Council
Senator Ben Allen, 26th State Senate District
Al Muratsuchi, 66th State Assembly District
Nidia Bautista, Consultant, Senate Energy, Utilities and Commerce Committee
Kerry Yoshida, Principal Consultant, Senate Republican Caucus
Jeff Kiernan, League Regional Public Affairs Manager
Meg Desmond, League of California Cities
Doug Willmore, City Manager
Gabriella Yap, Deputy City Manager
Ara Mihranian, Director of Community Development
Terry Rodrigue, Interim Director of Public Works
A-2
TO:
FROM:
DATE:
SUBJECT:
CITY OF Rt\NCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
APRIL 17, 2017
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, April 18, 2017 City Council meeting:
Item No. Description of Material
1 Email from Marshall, Crystal, Collin, and Elyse Lyau
2 Updated Resolution
3 Letter from Shigeo and Mieko Kadowaki
Respectfully submitted,
W:\01 City Clerk\LATE CORRESPONDENCE\2017 Cover Sheets\20170418 additions revisions to agenda thru Monday.doc
From: Daniel Trautner
Sent:
To:
Monday, April 17, 2017 1:12 PM
CityClerk
Subject: FW: Proposed Lower Point Vicente Park Plan
FYI.
Late Correspondence for April 18th Public Hearing Item# 1: Consideration and possible action to modify the Parks Master Plan
to include outdoor interactive exhibits at Lower Point Vicente Park.
Daniel Trautner
Deputy Director
City of Rancho Palos Verdes
Recreation and Parks
(310) 544-5264
From: Daniel Trautner
Sent: Monday, April 17, 2017 12:17 PM
To: c lyou <cel1125@gmail.com>
Subject: RE: Proposed Lower Point Vicente Park Plan
Got it. I will make sure to include this draft in the late correspondence.
Thank you for following up.
Regards,
Daniel Trautner
Deputy Director
City of Rancho Palos Verdes
310-544-5264
--------Original message --------
From: c lyou <cell 125@gmail.com>
Date: 4/17/17 12:05 PM (GMT-08:00)
To: Daniel Trautner <DanielT@rpvca.gov>
Subject: Fwd: Proposed Lower Point Vicente Park Plan
Hello Daniel,
This is the letter I would like for you to forward. The first draft was not complete.
Thank you,
Crystal Lyou
----------Forwarded message----------
From: c lyou <cell 125@gmail.com>
Date: Fri, Apr 14, 2017 at 11 :23 PM
Subject: Proposed Lower Point Vicente Park Plan
To: danielt@rpvca.gov
1
To members of the Rancho Palos Verdes City Council,
This letter is to voice our opposition to the proposed park plan put forth by Los Serenos de Point Vicente Docents. We are opposed due to the
following reasons:
l. We strongly believe lower Point Vicente Park must be maintained as natural, undeveloped open space where local residents and visitors can enjoy
the unspoiled beauty of our coastline and the Pacific Ocean.
2. The plan proposed by Los Serenos de Point Vicente Docents is an unnecessary tourist attraction the community does not need or want.
3. The cost of building and maintaining such an endeavor will inevitably become a monetary burden upon the taxpayers of Rancho Palos Verdes, not
to mention an ongoing liability with the attendant costs attached to such a project.
4. Traffic and noise in the neighborhood, which already attracts increasing numbers of cars and people, will only worsen if this plan is adopted.
We respectfully ask the city council not to approve the plan of Los Serenos de Point Vicente Docents. The attraction is not what our community
wants or needs. Please act to protect the open and undeveloped areas of our peninsula, and please protect the peace,
quiet, and safety of our neighborhoods.
Thank you,
Marshall Lyou
Crystal Lyou
Collin Lyou
Elyse Lyou
19 Calle Viento, Rancho Palos Verdes
2
RESOLUTION NO. 2017-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AN AMENDMENT TO
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 FOR
THE RIDE-TO-FLY THERAPEUTIC PROGRAM, 1) EXTENDING
THE EXISTING ENTITLEMENTS FOR 7 ADDITIONAL YEARS TO
DECEMBER 19, 2023; AND 2) EXTENDING THE OPERATING
HOURS ON TUESDAYS THROUGH FRIDAYS TO 9:00 AM TO
5:00 PM OR SUNSET, WHICHEVER IS EARLIER, FOR THE
PROPERTY LOCATED AT 50 NARCISSA DRIVE (CASE NO.
ZON2016-00465).
WHEREAS, on October 17, 2000, the City Council adopted Resolution No. 2000-
70, approving Conditional Large Domestic Animal Permit (CLDAP) No. 2 for the keeping
of 4 horses and the operation of the "Ride-to-Fly" therapeutic riding program on a 1.16-
acre property located at 50 Narcissa Drive; and,
WHEREAS, on August 8, 2002, the Equestrian Committee recommended that
the City Council grant a two-year extension to CLDAP No. 2 and modify certain
conditions of approval; and,
WHEREAS, on October 1, 2002, the City Council adopted Resolution No. 2002-
85, granting a two-year extension to Conditional Large Domestic Animal Permit
(CLDAP) No. 2 with modified conditions of approval; and,
WHEREAS, on October 14, 2004, the Equestrian Committee recommended that
the City Council grant a two-year extension to CLDAP No. 2; and,
WHEREAS, on December 7, 2004, the City Council adopted Resolution No.
2004-106, granting a two-year extension to Conditional Large Domestic Animal Permit
No. 2; and,
WHEREAS, on November 9, 2006, the Equestrian Committee, based on the
then-operations, recommended that the City Council grant a five-year extension to
CLDAP No. 2 and modify certain conditions of approval; and,
WHEREAS, on December 19, 2006, the City Council adopted Resolution No.
2006-98, granting a five-year extension to Conditional Large Domestic Animal Permit
No. 2; and,
WHEREAS, on November 22, 2011, the Planning Commission adopted P.C.
Resolution No. 2011-38, recommending that the City Council grant a five-year extension
to CLDAP No. 2; and,
WHEREAS, on December 20, 2011, the City Council adopted Resolution No.
2011-95, granting a five-year extension to the CLDAP No. 2 to December 19, 2016;
and,
WHEREAS, on the September 30, 2016, the Applicant submitted a request to
revise CLDAP No. 2 to extend the entitlement by 5 additional years and to extend its
operating hours on Tuesdays through Fridays; and,
WHEREAS, on November 16, 2016, the application was deemed incomplete
pending submittal of additional information; and,
WHEREAS, on February 6, 2017, the application was deemed complete for
processing; and,
WHEREAS, on March 14, 2017, the Planning Commission, adopted P.C.
Resolution No. 2017-10, recommending that the City Council approve a revision to
CLDAP No. 2 for the Ride-to-Fly therapeutic program to: 1) extend the existing
entitlements for 7 additional years, and 2) extend the operating hours on Tuesdays
through Fridays to 9:00 AM to 5:00 PM or sunset, whichever is earlier; and,
WHEREAS, On March 23, 2017, a public notice was mailed to all property
owners within a 500-foot 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), the City Council found no evidence that the revision to
CLDAP No. 2 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, the City Council held a duly noticed public hearing on April 18, 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. 2 is warranted because:
A The project Applicant (Ride-to-Fly) is a registered non-profit 501 (c)(3)
corporation, operating at 50 Narcissa Drive, City of Rancho Palos Verdes (the
Property). The Applicant has been operating at the Property since 2000 pursuant
to a valid Conditional Large Domestic Animal Permit.
Resolution No. 2017-_
Page 2 of 9
B. The permit will not be detrimental to the public health, safety or general welfare.
Specifically, the Ride-to-Fly organization has operated a therapeutic riding
program and maintained 4 horses at the property since 2000. Pursuant to
Council-adopted Condition No. 14 of Resolution No. 2011-95, the existing
operation hours for the facility are 10:00 AM to 5:00 PM or sunset, whichever is
earlier, on Tuesdays through Fridays, and 9:00 AM to 5:00 PM or sunset,
whichever is earlier, on Saturdays. The proposed extended operating hours on
Tuesday through Friday will match the existing Saturday operating hours of 9:00
AM to 5:00 PM or sunset, whichever is earlier. In the summer, the afternoon heat
is not good for many of the rider's disabilities and the proposed time change
would allow sessions to begin an hour earlier to avoid the summer heat. The
premises are in good sanitary condition with proper fly control and frequent waste
disposal, with no excessive smell from the manure composting. The perimeter
fencing is properly maintained and buildings and corrals are kept in a clean
manner.
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 Ride-to-Fly organization is currently
permitted to board 4 horses on the Property and is not proposing to increase the
number of horses.
D. The cumulative impact upon the properties in the vicinity of the site or the
community as a whole, shall not, in the aggregate, constitute a significant
adverse impact upon the area.
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. 2 for the Ride-to-fly
therapeutic program, thereby: 1) extending the existing entitlements by 7 additional years
to December 19, 2023, and 2) extending the operating hours on Tuesdays through
Fridays to 9:00 AM to 5:00 PM or sunset, whichever is earlier, subject to the conditions
of approval 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.
Resolution No. 2017-
Page 3 of 9
PASSED, APPROVED AND ADOPTED this _th day of April 2017.
Brian Campbell, Mayor
Attest:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, 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 April_, 2017.
City Clerk
Resolution No. 2017-
Page 4 of 9
EXHIBIT 'A'
CONDITIONS OF APPROVAL
CASE NO. ZON2016-00465
REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2
50 NARCISSA DRIVE (RIDE-TO-FLY)
1. This approval supersedes all Conditions of Approval that were a part of the
original City Council approval under Resolution No. 2000-70 and any subsequent
amendments.
ADDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-_
2. 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.
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.
ADDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-
4. Approval of this permit 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.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-_
5. Pursuant to Section 17.78.040, 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.
Substantial changes to the project shall be considered a revision and require
Resolution No. 2017-
Page 5 of 9
approval by the final body that approved the original project, which may require
new and separate environmental review and public notification.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-
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 RS-2 residential development standards and Equestrian Overlay
(Q) district standards of the City's Municipal Code, including but not limited to
height, setback and lot coverage standards.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-
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 or
administrative citations as described in Section 1.16 of the City's Municipal Code.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-
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 Resolution.
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.
Project Specific Conditions:
11. 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.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-
12. 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
Resolution No. 2017-
Page 6 of 9
Planning Commission and approved by the City Council. Otherwise, a new
Conditional Large Domestic Animal Permit must be approved prior to the
commencement of the approved use.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-_
13. The approval of the Conditional Large Domestic Animal Permit No. 2 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 seven (7) years, with an expiration date of December 19, 2023, 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. The permit may be
extended beyond this date provided a written request for an extension is
submitted to the City prior to the expiration date and approved by the City
Council.
AMENDED ON APRIL 18, 2017 PER RESOLUTION 2017-
14. 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 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;
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.
15. Proof of the registered non-profit 501 (C)(3) status of the Applicant must be
provided to the Director of Community Development 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.
Resolution No. 2017-
Page 7 of 9
16. 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 Director of Community Development or, at
his/her discretion, the Planning Commission and/or City Council.
17. The Applicant shall be responsible for completing the following tasks, to the
satisfaction of the Director of Community Development:
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.
18. The approved days and hours of operation for the therapeutic riding program are
limited as follows:
Tuesday through Saturdays: 9:00 AM to 5:00 PM or sunset, whichever is earlier
Any proposal to change the days and/or hours of operation requires the review of
the Planning Commission and the approval of the City Council.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-_
19. 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.
20. 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.
21. 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.
22. The Applicant is responsible for the continuous maintenance of sanitary
conditions, including, but not limited to, the cleaning of corrals, stables, barns and
Resolution No. 2017-
Page 8 of 9
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.
23. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to
accumulate in any regular, intermittent or seasonal watercourse.
24. The property shall be maintained so that there is no standing surface water or
ponding within areas in which horses are kept.
25. 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.
26. The Applicant shall carry out a program of fly control through such means as
traps, pesticides or natural predators.
27. No structure or enclosure for the keeping of the horses shall be constructed or
maintained in any regular, intermittent or seasonal watercourse.
Resolution No. 2017-
Page 9 of 9
Shigeo and Mieko Kadowaki
30931 Cartier Drive
Rancho Palos Verdes,CA 90275
April 14,2017
RECEIVED
APR 14 2017
Members of the City Council
The City Staff
COMMUNITY DEVELOPMENT
DEPARTMENT
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, Ca 90275
Re: Changing of.Fence/Wall Material at 30931 Cartier Dr.
Dear Honorable Members of the City Council and the City Staff:
We, Shigeo and .Mieko Kadowaki would like to request that the City
approved block wall located at 30931 Cartier Drive will be changed
to solid vinyl material wall. All the requirements and the measurement
including height and length remain the same but the material.
We rcspectfulJy request the City Council and the City Staff this offer
/be allowed to constrnct.
Sincerely,
,d-;;:_-.. ~;o /:. ,, -·Co~ 1
Shigeo and Mieko Kadowaki
Applicant
3