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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, 11.
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:
Respectfully submitted: Joel Rojas, aicp, Director of Planning, Building and Code Enforcement Reviewed: Les Evans, City Manager Attachments:
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. _______________________ ATTEST: ____________________ State of California ) 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. _________________________________ Exhibit "A" Conditions of Approval (Resolution No. 2002-__) Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2002-00373)
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. |
