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CC RES 2023-023 RESOLUTION NO. 2023-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REQUEST TO RENEW CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR PORTUGUESE BEND PONY CLUB AT 2 WEST POMEGRANATE ROAD FOR AN ADDITIONAL 10 YEARS (CASE NO. PLDC2023- 0001). WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001-45, approving Conditional Large Domestic Animal Permit("CLDAP") No. 5 for the Portuguese Bend Pony Club. This CLDAP allows the Pony Club to keep up to 17 horses on the subject property and provide riding lessons, training and educational programs. The permit was granted for an initial period of two (2) years; and WHEREAS, pursuant to the conditions of approval, a six-month review (from the time the Applicant began use of the site) of the CLDAP was conducted by the Equestrian Committee and the City Council on July 11, 2002 and September 3, 2002, respectively; and WHEREAS, on August 14, 2003, the Equestrian Committee adopted E.C. Resolution No. 2003-01, recommending that the City Council grant a two-year extension to CLDAP No. 5 and allow an increase in the number of horses from 17 to 21; and WHEREAS, on September 16, 2003, the City Council adopted Resolution No. 2003-77, granting a two-year extension to CLDAP No. 5 and a fee waiver for a Grading Permit. The City Council denied the request to increase the number of horses on the property; and WHEREAS, on May 11, 2006, the Equestrian Committee adopted E.C. Resolution No. 2006-01, recommending a five-year extension to CLDAP No. 5 to the City Council; and WHEREAS, on August 1, 2006, the City Council adopted Resolution No. 2006- 58, granting a five-year extension to CLDAP No. 5; and WHEREAS, on October 11, 2011, the Planning Commission in its function as the City's Equestrian Committee, adopted P.C. Resolution No. 2011-34, recommending that the City Council grant a five-year extension to CLDAP No. 5; and WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-89, granting a five-year extension to CLDAP No. 5; and WHEREAS, on January 24, 2017, the Planning Commission adopted PC Resolution No. 2017-03 recommending that the City Council approve another five-year extension to CLDAP No. 5; and WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 2017- 07, granting a five-year extension to CLDAP No. 5, with a new expiration date of November 15, 2021, extending the operating hours to between 8:00AM to 8:00PM, and allowing the installation of four, 10-foot-tall light posts with two lamps each to illuminate two existing corrals. The extension granted by Resolution No. 2017-07 has expired; and WHEREAS, on January 6, 2023, the Applicant submitted a request to renew and extend the permit by 10 years. The Applicant submitted a request after the expiration date of November 15, 2021 due to COVID-19-related disruptions to staffing at the volunteer- run Pony Club. Additionally, City staff were unaware of the expiration date due to staff turnover and not having the CLDAP on a tickler list to alert staff of the upcoming permit expiration; and WHEREAS, on March 20, 2023, the Applicant submitted additional information for the pending application and the project was deemed complete for processing; and, WHEREAS, on April 25, 2023, the Planning Commission adopted PC Resolution No. 2023-04 recommending that the City Council approve a 10-year extension to CLDAP No. 5 with modifications to the Conditions of Approval requiring an annual attestation of compliance with permit conditions and a compliance review by the Community Development Director within five years of permit approval; and, WHEREAS, on May 18, 2023, a public notice was mailed to owners of property 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), Staff found no evidence that the Revision to CLDAP No. 5 will have a significant effect on the environment and, therefore, the review has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, the City Council held a duly noticed public hearing on June 6, 2023 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 recitals are true and incorporated herein by reference. Section 2. The proposed project is a request to renew CLDAP No. 5 by 10 years to allow for the continued operation of the Portuguese Bend Pony Club. Resolution No. 2023-23 Page 2 of 5 Section 3: The proposed revision to CLDAP is warranted because: 111 i. The project Applicant (Portuguese Bend Pony Club) is a registered non- profit 501(c)(3) corporation. ii. The permit, if issued, will not be detrimental to the public health, safety or general welfare. The subject site has been operating as an equestrian center (i.e. Portuguese Bend Pony Club), which includes horse keeping, and provides riding, training and educational programs to its members. Pursuant to Rancho Palos Verdes Municipal Code ("RPVMC") Section 17.76.115 (B)(6)(b) (Permit Life, Conditional Large Domestic Animal Permits), the approval of a CLDAP is valid for as long as the applicant continues to utilize the property where the facility or program is conducted in accordance with the terms of the approved permit. The City Council may extend the approval for the permit for an additional period of time not to exceed 10 years. City Council approved CLDAP No. .5 in June 2001 for an initial two-year period, and subsequently approved multiple five-year extensions of the permit. The Applicant is requesting a 10-year extension because, as a 501(C)(3) and entirely volunteer-operated organization, the Pony Club has found it challenging to renew the permit every five years due to the time and cost 111 involved in preparing the application materials. A 10-year time period would allow the Pony Club to continue its operations and reduce the time and cost burden to this non-profit organization. Regardless of the time period, the CLDAP will be subject to the terms of RPVMC Section 17.76.115(B)(6)(c) that define situations that would lead to termination of the permit. These situations include, but are not limited to, a violation of permit conditions, the property owner rescinding authorization, and loss of 501(c)(3) status. The previously approved CLDAP, which allowed the installation of four, 10- foot-tall light posts with two lamps each to illuminate two existing corrals, required a 6-month review be conducted by the Director; at that time, the Director evaluated the effectiveness of the conditions for lighting and potential noise impacts and identified no concerns. The Pony Club continues to operate according to the conditions of the Permit, which includes provisions related to the maximum number of horses allowed, the hours of operation, and maintenance of sanitary and orderly conditions at the facility. Staff visited the site and found the facility to be clean and well maintained. Additionally, no complaints have been filed with respect to the operation of the use since the last permit extension was approved. The Planning Commission recommended a 10-year extension with revised project conditions including an annual attestation of compliance with the CLDAP No. 5 by the Applicant and 'a permit compliance review by the Resolution No 2023-23 Page 3 of 5 Community Development Director within five years of permit approval. Therefore, allowing the Applicant's operation to continue status quo for an additional 10 years would not have significant adverse impact upon the area. iii. Any increase in the number of animals that would otherwise be allowed by the provisions of Chapter 17.46 of this title to be kept or boarded on the property and/or the operation of an active outdoor recreational facility or program which provides a benefit to youth or the physically or mentally challenged or has a similar philanthropic purpose will not have significant adverse effects upon other properties in the vicinity of the site. The Applicant is permitted to keep a maximum of 17 horses on the property. According to the Applicant, and as confirmed by Staffs observations during a site visit, there are currently 5 horses on the property. There is no request to increase the number of horses allowed. iv. The cumulative impact, should the requested permit be issued, upon the properties in the vicinity of the site or the community as a whole, shall not, in the aggregate, constitute a significant adverse impact upon the area. Staff has received no concerns or complaints from the public related to the operations of the Pony Club in the past five years. Allowing the Applicant's operation to continue status quo would not have significant adverse impact upon the area. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other recordsof proceedings, the City Council of the City of Rancho Palos Verdes hereby adopts Resolution No. 2023- 23, approving a request to renew Conditional Large Domestic Animal Permit No. 5 for the Portuguese Bend Pony Club at 2 Wests Pomegranate for an additional 10 years, subject to the conditions set forth in the attached Exhibit 'A.' Section 5: That the City Clerk of the City of Rancho Palos Verdes [Los Angeles County] shall certify to the adoption of this Resolution. Resolution No 2023-23 Page 4 of 5 PASSED, APPROVED AND ADOPTED this 6th day of June 2023. Barbara Ferraro, Mayor ATTEST: _ c,,I /.wl -- ere i. . -aoka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2023-23 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 6, 2023. 4:1-esa "IColik4atii7Clerk Resolution No. 2023-23 Page 5of5 RESOLUTION NO. 2023-23 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 2 WEST POMEGRANATE ROAD (CASE NO. PLDC2023-0001) 1. This approval supersedes all Conditions of Approval that was part of the original City Council approval under Resolution No. 2001-45 and any subsequent amendments. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Exhibit "A". Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 3. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively"Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 4. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 5. The Community Development Director is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Any substantial change to the project shall require approval of a revision by the City Council that approved the original project, which may require new and separate environmental review. 6. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 7. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. Additionally, the applicant may be subject to administrative citations as described in Section 1.16 of the City's Municipal Code for failing to comply with and adhering to all of these conditions of approval. 8. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Exhibit "A". 10. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non-conforming structures on the property, unless the approval of such illegal or legal non-conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 11. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable Resolution No 2023-23 Exhibit A Page 2 of 5 bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. Project Specific Conditions: 14. This approval allows for the following activities and uses by the Portuguese Bend Pony Club on the 13.78-acre vacant, non-contiguous property in the Portuguese Bend Equestrian Overlay ('Q') District, located at 2 West Pomegranate Road: a) The keeping of a maximum of 17 horses. b) Riding lessons, training and educational programs. c) A dressage ring to the south of the existing horse corrals; a turnout ring at the northeastern area of the subject property; and a stadium arena/ring to the southeast of the existing horse stalls. d) Installation of an above ground sprinkler system for the three rings,for dust control. e) A cross-country course on the southern portion of the site. f) Installation of four (4), 10-foot tall, light posts with two lamps each to illuminate the two existing corrals. Each light bulb shall not exceed approximately 800 lumens or 75 watts whichever is greater. The use of LED lights shall be prohibited. The light source shall be shielded and not be directed toward or result in direct illumination of a parcel of property or properties other than that the existing two corrals. All lighting shall comply with the Outdoor Lighting for Nonresidential Use standards, under Section 17.56.040 of the Rancho Palos Verdes Municipal Code. All lighting shall be set to a timer and shall be turned off by 8:30 PM. 15. If the applicant has not submitted an application for a building permit for the approved light standards or not commenced the approved project as described in Section 17.86.070 of the City' s Municipal Code within 30-days of the final effective date of this approval, the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Planning Commission or City Council. 16. Within five (5) years from the date of City Council approval, the operation of the facility, including but not limited to the lighting, shall be reviewed by the Community Development Director to determine if any conditions of approval shall be added, deleted or modified, or if the permit shall be revoked. If modifications to these Conditions of Approval are recommended by the Community Development Director, the Planning Commission shall review the Director's recommendations and forward its recommendation to the City Council for its consideration. 17. Conditional Domestic Animal Permit No. 5 is hereby extended for a period of ten (10) years (ten years from the date of City Council approval for PLDC2023-0001). This permit may be extended beyond this date provided a written request for extension is filed prior to expiration with the Community Development Department Resolution No 2023-23 Exhibit A Page 3 of 5 and is approved by the City Council. 18. There shall be no more than seventeen (17) horses kept on the property at any time. 19. Individual lessons, individual use of horses, small group activities, and typical horse keeping activities be permitted during the hours of 8:00 AM to 8:00 PM. The approved days and hours of operation for large group lessons and the group educational program shall be limited to Saturdays, from 8:00 AM to 8:00 PM. Further, no Pony Club camp or other similar overnight activities, horse shows or other special events that will attract riders from other areas shall be conducted at the site without the approval of a Special Use Permit by the Director of Community Development. Any proposal to change the day and/or hours of operation requires approval of the Planning Commission and the City Council. 20. The Applicant shall carry out a program of fly control through such means as traps, pesticides or natural predators. Further, the applicant shall post a weatherproof notice setting forth the most recent names and phone numbers of the barn manager, the Pony Club District Commissioner, and the Pony Club Co- district Commissioners. Said notice shall be posted outside of the tack room. 21. The Applicant shall ensure that the site is visited daily to feed and water the horses, verify the status of the horses' condition and health, and inspect the condition and integrity of the horses' enclosures. 22. A weatherproof notice setting forth the name of the person(s) responsible for the horses and a phone number(s) to be called in the event of an emergency shall be displayed on, or in the vicinity of, the enclosure in which the horses are kept. 23. The Applicant is responsible for the continuous maintenance of sanitary conditions, including, but not limited to, the cleaning of corrals, stables, barns and other areas to which animals have access; and the proper disposal of manure, offal, soiled straw and other refuse. Animal waste shall not be allowed to accumulate, run off or leach so as to create a nuisance or be offensive to other persons in the vicinity (as determined by Staff). Manure may be disposed of by removal from the lot or parcel by a city-licensed waste disposal company, or by composting. If waste or manure is to be composted, the composting material shall be kept in a composting bin, and the composting shall be performed in accordance with City-approved composting procedures. Proper procedures must be used to control insects and to minimize offensive odors. 24. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed in any regular, intermittent or seasonal watercourse. Further, no structure or enclosure for the keeping of the horses shall be constructed or maintained in any regular, intermittent or seasonal watercourse. 25. The property shall be maintained so that there is no standing surface water or ponding within areas in which the horses are kept. Resolution No. 2023-23 Exhibit A Page 4 of 5 26. All buildings used for the keeping of animals and all corral or enclosure fences shall be constructed and maintained in a neat and orderly condition and kept in good repair. Landscaping, or other screening techniques approved by Staff, shall by provided as appropriate to assist in screening of corrals and stables, composting bins and stored hay from public view and from adjacent properties. 27. The Applicant, on an annual basis, will submit an attestation to the Director of Community Development, in a form acceptable to the City, that the property and use are fully in compliance with all the conditions of the permit. The form will be made a part of this permit. The Community Development Department will provide the attestation form and will waive any fees that may be required for review of the form. I I Resolution No 2023-23 Exhibit A Page 5 of 5