Rancho Palos Verdes City Council
   

MEMORANDUM

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: OCTOBER 1, 2002

SUBJECT: MODIFICATIONS TO CONDITIONS OF APPROVAL NO. 7, 11, AND 12; AND EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002 (CASE NO. ZON2002-00373) (Applicant: Ride to Fly; Property Owner: George and Leanne Twidwell)

Staff Coordinator: Dave Blumenthal, Associate Planner

RECOMMENDATION

Adopt Resolution No. 2002-__, approving a two (2) year extension of Conditional Large Domestic Animal Permit No. 002, which allows Ride to Fly to maintain four horses and operate a therapeutic riding program on a 1.16-acre parcel within the Portuguese Bend Community; and modify the conditions of approval for said CLDAP.

BACKGROUND

On October 17, 2000, the City Council adopted Resolution No. 2002-70 approving Conditional Large Domestic Animal Permit No. 002, 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.

Pursuant to the conditions of approval, a six (6) month review was conducted by the City Council on April 17, 2001. At this public hearing, the Council decided to extend the review period six (6) months, thus allowing Ride-to-Fly additional time to complete site improvements. A second public hearing was conducted by the City Council on October 16, 2001, at which time the Council approved the review of CLDAP 002.

On August 8, 2002, the Equestrian Committee conducted a public hearing on the extension of CLDAP 002. During the public hearing, only a representative from Ride to Fly spoke in favor of the request and no one spoke in opposition. After considering the written and oral testimony, the Equestrian Committee recommended that the City Council approve a two (2) year extension of Conditional Large Domestic Animal Permit No. 002 and modify the conditions of approval, by a 6-0 vote.

On September 12, 2002, staff sent notice of the public hearing to all property owner’s within 500 feet of the subject site. Additionally, the notice was published in the Palos Verdes Peninsula News on September 14, 2002.

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 corals, and two stables. As noted in the attached photos, 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 corals from Narcissa Drive and Cinnamon Lane. Parking for the site is off of Narcissa Drive.

ENVIRONMENTAL ASSESSMENT

Staff has reviewed the proposed application for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Existing Facilities).

Categorical Exemptions are projects, which have determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Section 15301 (Class 1 Exemption) includes the permitting and operation of use that involves no expansion of the use. It is Staff’s opinion that the review of the CLDAP meets this provision and therefore qualifies for a Class 1 exemption.

DISCUSSION

Conditional Large Domestic Animal Permit No. 002 was approved for an initial period of two (2) years from the date of the City Council adoption of Resolution No. 2000-07 (October 17, 2000). Condition No. "7" allows an extension of the CLDAP, beyond the initial period, of up to ten (10) years.

On July 30, 2002, staff conducted a site inspection of the Ride-to-Fly property. During staff’s inspection, it was noted that the property was well maintained and kept in a clean and orderly manner. The parking area, along Narcissa, is covered with a "soft" paving. All structures and fences on the site appear to be in a well maintained and in a well painted condition. Additionally, staff noted that four horses were being kept on the property.

According to the applicant, the site is visited every morning to clean up the waste and manure, then again in the afternoon for feeding and watering of the horses, at which time the waste and manure are cleaned up again. The waste and manure are then hauled off the site twice a week. It should be noted that staff has received no code enforcement complaints since the six (6) month review was completed by the City Council on April 17, 2001.

Condition No. 7 of Conditional Large Domestic Animal Permit No. 002, allows the City Council to extend the permit for a period not to exceed ten (10) years. In order to make this permit consistent with other non-profit Conditional Large Domestic Animal Permits in the area (Pony Club), the Equestrian Committee has recommended that a two (2) year extension be granted and that all future extensions be limited to two (2) year periods. As noted in the attached Equestrian Committee staff report, Condition No. 7 has been modified accordingly.

Currently, Ride to Fly is permitted to operate on Wednesday and Thursday, from 10:00 a.m. until 7:00 p.m. or sunset, whichever is earlier; and on Saturday from 9:00 a.m. until 5:00 p.m. or sunset, whichever is earlier. Prior to the Equestrian Committee public hearing, a representative for Ride to Fly requested that the hours of operation be modified to 1:00 p.m. to 5:00 p.m., Monday through Friday, with the Saturday hours remaining the same. However, during the public hearing, the representative modified his request to allow the weekday hours of operation to 9:00 a.m. until 5:00 p.m. Upon discussing this matter with the representative, the Equestrian Committee is recommending that the permitted hours of operation be modified to 10:00 a.m. until 5:00 p.m. or sunset, whichever is earlier, Tuesday through Friday; and 9:00 a.m. until 5:00 p.m. or sunset, whichever is earlier, Saturday. With these hours of operation, Ride to Fly will not be permitted to operate on Sundays and Mondays. It should be noted that Ride to Fly has stated that they are in agreement with these recommended hours of operation. Condition No. 12 in the attached recommended revised conditions of approval has been modified accordingly.

In addition to the recommended extension and modified hours of operation, the Equestrian Committee has further recommended a modification Condition No. 11 as follows (Bold type represents new text, Strikethrough type represents deleted text):

11. Within the initial 6-month permit period described in Condition No. 7 above, The applicant shall be responsible for completing the following tasks, to the satisfaction of the Director of Planning, Building and Code Enforcement:

    1. Maintain Repair and replace deteriorated sections of the existing perimeter fencing around the corrals;
    2. Maintain Install additional landscape screening along the perimeter of the corrals, especially along the Narcissa Drive frontage of the property; and,
    3. Maintain the Install "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.

Failure to complete these tasks may lead to the revocation of this permit during the 6-month review process by the City Council.

Municipal Code Section No. 17.76.115(B)(3)(e) sets forth four findings, which the City Council must adopt in order to approve the extension and modification to the conditions of approval. As noted in the attached Equestrian Committee resolution and staff report, it is the Equestrian Committee’s belief that these findings can be adopted.

ADDITIONAL INFORMATION

As noted above in the background information section of this report, notice of the public hearing was sent out to all property owners within 500 feet of the subject site on September 12, 2002. In response to this notice, staff has received one letter in opposition to the extension of the CLDAP. This letter was received from Mr. Gallagher, 9 Ginger Root Lane, and has been attached to this report. Mr. Gallagher is in opposition to the extension because, in his opinion, this type of operation is a commercial business and should not be permitted in the residential zone. Furthermore, Mr. Gallagher is concerned about potential impacts the continued operation of facility will have on his property.

The subject property is located within the RS-2 zone. Municipal Code Section No. 17.02.020 (uses and development permitted) allows the keeping of large domestic animals, pursuant to Section 17.46 of the Municipal Code. Section No. 17.46.050 allows the operation of a equestrian facility or program by a registered 501(c)(3) non-profit organization, subject to the approval of a Conditional Large Domestic Animal Permit by the City Council. Based on the aforementioned code allowances and since Ride to Fly has provided evidence of being a registered non-profit organization, it is staff’s opinion that this use is permitted in the RS-2 zone. With regards to Mr. Gallagher’s concern about adverse impacts to his property, as noted above, it is staff’s opinion that the property is being maintained in a clean and orderly manner. Furthermore, there have been no code enforcement complaints since the six (6) month review was conducted. In fact, there has not been any evidence that the property, or the subject use of the property, has created an adverse impact on any other property in the area. As such, staff feels that the continual operation of Ride to Fly’s program will not have an impact to adjoining properties. It should be noted that if the City Council approves the extension, the Council will have the opportunity to review the operations of the facility at such time the permit expires again on October 17, 2004, or which ever date the City Council determines to extend the permit to.

CONCLUSION

Based on the written and oral testimony received during the public hearing, the Equestrian Committee has found that Ride to Fly is complying with the conditions of approval for Conditional Large Domestic Animal Permit No. 002. Therefore, the Equestrian Committee recommends that the City Council approve a two (2) year extension of CLDAP 002 and modify Conditions of Approval No. 7, 11, and 12.

FISCAL IMPACT

The City Council’s action in this matter will have no fiscal impact upon the City.

ALTERNATIVES

In addition to the Equestrian Committee’s recommendation, the following alternatives are available for the City Council’s consideration:

  1. Deny the extension of Conditional Large Domestic Animal Permit No. 002, and direct staff to return with the appropriate resolution at a future meeting.
  2. Adopt Resolution No. 2002-__, approving the extension of Conditional Large Domestic Animal Permit No. 002, for a period of time other than two years.
  3. Identify conditions of approval, which need to be modified, added and/or deleted, and direct staff to prepare the appropriate resolution to be brought back at a future meeting.

Respectfully submitted:

Joel Rojas, aicp, Director of Planning, Building and Code Enforcement

Reviewed:

Les Evans, City Manager

Attachments:

  • Draft Resolution No. 2002-__, approving the extension of CLDAP 002
  • Revised Conditions of Approval for CLDAP 002
  • Minute Excerpts for Equestrian Committee meeting on August 8, 2002
  • Equestrian Committee Resolution No. 2002-02, recommending approval of the two (2) year extension of CLDAP 002
  • Equestrian Committee staff report, dated August 8, 2002
  • Correspondence received from Mr. Gallagher, dated September 16, 2002
  • Site photographs

 

RESOLUTION NO. 2002-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MODIFYING CONDITIONS OF APPROVAL NO. 7, 11, AND 12; AND GRANTING A TWO (2) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002, FOR RIDE-TO-FLY, 50 NARCISSA DRIVE.

WHEREAS, on October 17, 2000, the City Council adopted Resolution No. 2002-70 approving Conditional Large Domestic Animal Permit ("CLDAP") No. 002, 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, Pursuant to the conditions of approval, a six (6) month review was conducted by the City Council at a public hearing on April 17, 2001. At this public hearing, the Council extended the review period for an additional six (6) months, thus allowing Ride-to-Fly additional time to complete required site improvements. A second public hearing was conducted by the City Council on October 16, 2001, at which the Council again reviewed of CLDAP 002 and found the use to be in compliance with the conditions of approval; and,

WHEREAS, pursuant to the requirements of the City of Rancho Palos Verdes Municipal Code, the Equestrian Committee of the City of Rancho Palos Verdes held a duly noticed public hearing on August 8, 2002 to consider extension of the CLDAP and modifications to the conditions of approval. After considering all written and oral testimony, the Equestrian Committee recommended, by a vote of 6-0, that the City Council modify Conditions of Approval No. 7, 11, and 12; and grant a two (2) year extension of CLDAP 002; 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 and the City Council found no evidence that CLDAP No. 002 would have a significant effect on the environment when the permit was initially approved on October 17, 2000 and, therefore, the project was categorically exempt under Class 1 (Section 15301); and,

WHEREAS, the modifications to the conditions of approval for the CLDAP and the two-year extension of the CLDAP are not significant changes to the project, do not constitute an expansion of the use beyond that previously approved, and do not change the prior determination that the CLDAP is exempt from CEQA under Class 1 (CEQA Guidelines Sec. 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 October 1, 2002, 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 project applicant, Ride-to-Fly, is a registered non-profit 501(c)(3) corporation. As part of the approval for CLDAP 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 basis of the continual 501(c)(3) status. The applicant has submitted the necessary validation for the year 2002.

Section 2: The proposed modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 002 will not be detrimental to the public health, safety, or general welfare. As noted in Resolution No. 2000-70, the City Council found that the use is not detrimental to the public health, safety, or general welfare. Additionally, the facility has been in operation for two years, during which there have been no major code violations on the property. Further, substantial evidence of any such detrimental impacts has not been presented during the proceedings related to the conditions modification and extension requests.

Section 3: The proposed modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 002 will not have significant adverse effects upon other properties in the vicinity of the site as a result of any increase in the number of animals as described in RPVMC Section 17.76.115 B.3. e. iii. As noted in Resolution No. 2000-70, the City Council found that keeping of four (4) horses on the property and operating a therapeutic riding program does not have significant adverse effects upon other properties in the vicinity of the site. Furthermore, the facility has been in operation for two years and has not had any major code violations. Further, substantial evidence of any such detrimental impacts has not been presented during the proceedings related to the conditions modification and extension requests. Additionally, approval of an extension of Conditional Large Domestic Animal Permit No. 002 will not result in increasing the number of animals kept on the site.

Section 4: The proposed modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 002 will not result in significant cumulative adverse impacts upon the properties in the vicinity of the site or the community as a whole, and 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 District. As noted in Resolution No. 2000-70, the City Council found that operation of this facility will not cause an adverse impact to the Community. The extension and modifications to the conditions of approval do not significantly modify the project as previously approved, and will not create a significant adverse impact upon the area.

Section 5: The applicant, at the time of adoption of this Resolution, is found to utilize the property where the facility or program is conducted in accordance with the terms and conditions of the approved permit.

Section 6: 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. Further, challenges to this action may be limited to only those issues raised at the duly noticed public hearing held for this matter, or in written correspondence delivered to the City at, or prior to the public hearing.

Section 7: 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 approves modifications to Conditions of Approval No. 7, 11, and 12; and grants a two (2) year extension of Conditional Large Domestic Animal Permit No. 002 (New Case No. ZON2002-00373), 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 1st day of October 2002.

_______________________
John McTaggart, Mayor

ATTEST:

____________________
Jo Purcell, City Clerk

State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2002-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 1, 2002.

_________________________________
City Clerk

Exhibit "A"

Conditions of Approval

(Resolution No. 2002-__)

Conditional Large Domestic Animal Permit No. 002

(Case No. ZON2002-00373)

  1. Prior to the commencement of the use permitted by this approval, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void.
  2. This approval 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.
  3. The use of the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-2 and Equestrian Overlay (Q) district development standards of the City's Municipal Code.
  4. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the City Council after conducting a public hearing on the matter.
  5. If the use approved by this permit has not been established within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement, and 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.
  6. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply.
  7. The approval of Conditional Large Domestic Animal Permit No. 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:
    1. The subject lot or parcel is subdivided, reduced in size or is combined with one or more other lots or parcels;
    2. 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;
    3. 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;
    4. The property owners rescind the authorization for the use of the property by the applicant; or,
    5. The applicant no longer qualifies for registered non-profit 501(c)(3) status, as described in Section 17.78.010 of the Rancho Palos Verdes Development Code.

  8. Proof of the registered non-profit 501(c)(3) status of the applicant 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.
  9. A maximum of four (4) horses belonging to the applicant may be kept on the subject property at any time
  10. 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 Planning, Building and Code Enforcement or, at his/her discretion, the Equestrian Committee and/or City Council.
  11. The applicant shall be responsible for completing the following tasks, to the satisfaction of the Director of Planning, Building and Code Enforcement:
    1. Maintain the existing perimeter fencing around the corrals;
    2. Maintain landscape screening along the perimeter of the corrals, especially along the Narcissa Drive frontage of the property; and,
    3. 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.

  12. The approved days and hours of operation for the therapeutic riding program are limited as follows:
  13. 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.

  14. 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, pedestrians or equestrians by the site.
  15. 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.
  16. 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.
  17. 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 to minimize offensive odors.
  18. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to accumulate in any regular, intermittent or seasonal watercourse.
  19. The property shall be maintained so that there is no standing surface water or ponding within areas in which the horses are kept.
  20. 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.
  21. The applicant shall carry out a program of fly control through such means as traps, pesticides or natural predators.
  22. No structure or enclosure for the keeping of the horses shall be constructed or maintained in any regular, intermittent or seasonal watercourse.