Rancho Palos Verdes City Council
   

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: SEPTEMBER 16, 2003

SUBJECT: CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 005 (CASE NO. ZON2003-00198), for property located at 2 west POMEGRANATE (Applicant: Portuguese Bend Pony Club; Property Owner: Patricia M. Brown, Trust)

Staff Coordinator: Dave Blumenthal, Associate Planner

RECOMMENDATION

Adopt Resolution No. 2003-__, approving a two (2) year extension and an increase in the number of horses allowed to be kept under Conditional Large Domestic Animal Permit No. 5, (Case No. ZON2003-00198), and grant a fee waiver for a Grading Permit for the Portuguese Bend Pony Club.

BACKGROUND

On June 5, 2001, the City Council adopted Resolution No. 2001-45, thereby approving Conditional Large Domestic Animal Permit (CLDAP) No. 005, for the Portuguese Bend Pony Club (Resolution No. 2001-45 attached). This CLDAP allows the Pony Club to keep up to 17 horses on the subject property along with providing riding lessons, training and educational programs. The permit was granted for an initial period of two years.

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. As a result of the six-month review, the City Council found that the Pony Club was in compliance with all of its conditions of approval, thus allowing the Pony Club to continue to operate until its Conditional Large Domestic Animal Permit expired on June 5, 2003. Even though the permit has expired, as noted in the next paragraph, the Pony Club’s extension request was filed in a timely manner. Typically, when an extension for a permit is requested in a timely manner, the use is allowed to continue operation until the extension request is acted on.

On April 28, 2003, the Portuguese Bend Pony Club submitted a letter (see attached) requesting a two-year extension for CLDAP 005. Subsequently, on June 18, 2003, the Pony Club submitted a letter (see attached) requesting to increase the number of horses on the property from 17 to 21. Accordingly, the Equestrian Committee conducted a duly noticed public hearing for the matter on August 14, 2003, at which time the Equestrian Committee adopted E.C. Resolution No. 2003-01 recommending that the City Council approve the request (August 14, 2003 staff report and draft minutes are attached).

On August 19, 2003, the Pony Club submitted a letter requesting for a fee waiver for a Grading Permit.

On August 28, 2003, notice of the pending public hearing before the City Council was sent to all property within 500 feet of the subject. Additionally, the notice was published in the Palos Verdes Peninsula News on August 30, 2003.

SITE DESCRIPTION

The subject site is a 13.78-acre parcel located on the southwest corner of Pomegranate Road and Peppertree Drive, within the Portuguese Bend Community. This site is located within the City’s Landslide Moratorium area, which does not permit new structures. Nonetheless, the Portuguese Bend Pony Club site does not currently have any permanent structures on the site, nor is the applicant requesting to construct any permanent structures.

The northern portion of the site is currently improved with feed room, tack room, stadium area, turnout ring, dressage arena, two compost bins, and 18 corals. The southern portion of the site is currently improved with a cross-country course. Surrounding land uses include single-family residential and open space areas.

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

DISCUSSION

Conditional Large Domestic Animal Permit No. 005 allows the Portuguese Bend Pony Club to keep 17 horses on the site, as well as, provide riding lessons; training and educational programs; provide an above ground sprinkler system for dust control; and provide a cross-country course on the southern portion of the site.

Pursuant to Condition No. 7 of Resolution No. 2001-45, the Portuguese Bend Pony Club is requesting a two (2) year extension for the Conditional Large Domestic Animal Permit. Furthermore, the applicant is requesting to increase the number of horses permitted to be kept on the property from 17 to 21. Finally, the Pony Club is requesting for a fee waiver for a Grading Permit to allow the Pony Club to import additional material to increase the footings within the stadium arena, dressage arena, and turnout ring. Staff’s analysis of the extension request and increase in the number of horses kept on the property is in the attached Equestrian Committee Staff Report, dated August 14, 2003.

On August 14, 2003, the Equestrian Committee conducted a public hearing to consider the extension request and the increase in the number of horses kept on the property. During the hearing, three people spoke in favor of the request and no one spoke in opposition. It should be noted that neither the Equestrian Committee nor the members of the public raised issues of concern about the project. At the conclusion of the public hearing, the Equestrian Committee adopted E.C. Resolution No. 2003-01 (attached), thereby recommending that the City Council approve the extension of, and modification to, Conditional Large Domestic Animal Permit No. 005 (Case No. ZON2003-00198) by a 4-0 vote, with Chair Leon and Vice Chair Bara recusing themselves.

Fee Waiver:

The Pony Club has submitted an application for a Grading Permit, requesting to conduct 489 cubic yards of grading. This requested grading will allow the Pony Club to import sand to the site to add 6"-8" of footing to the stadium arena, dressage arena, and turnout ring.

Municipal Code Section No. 17.78.010 (Fee Waivers) allows the City Council to grant a fee waiver if the Council finds that "the applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit corporation registered with the State of California where the applicant is a registered 501(c)(3) non-profit corporation".

Staff has reviewed the request and has verified that the Portuguese Bend Pony Club is a registered non-profit organization with the State of California. As such, staff is recommending that the City Council grant the fee waiver.

ADDITIONAL INFORMATION

On September 11, 2003, staff received a late correspondence from Daphne Clark, 10 Peppertree Drive (see attached). In her letter, Ms. Clarke states that she is in favor of the extension; however, Ms Clarke states that she has concerns about the increase in the number of animals kept on the property. Staff would like to note that this issue was not raised during the Equestrian Committee meeting. Nonetheless, the Equestrian Committee found that the proposed increase in the number of animals would not have a negative impact to the neighbors.

CONCLUSION

Based on the written and oral testimony received during the public hearing, the Equestrian Committee has found that the Portuguese Bend Pony Club is complying with the conditions of approval for Conditional Large Domestic Animal Permit No. 005 and is of the opinion that the extension to the CLDAP and modification to the conditions of approval will not have an adverse negative impact to the area. Therefore, the Equestrian Committee recommends that the City Council approve the requested two-year extension and the modification to the conditions of approval, thereby allowing the Pony Club to increase the number of horses kept on the property from 17 to 21.

With respect to the fee waiver, staff is concluding that granting the fee waiver would be beneficial to a 501(c)(3) non-profit corporation thus the fee waiver is warranted.

FISCAL IMPACT

Should the City Council approve the fee waiver the cost ($395.00) of processing the Grading Permit application would be paid from the general fund.

ALTERNATIVES

The following alternatives are available for the City Council’s consideration:

  1. Adopt Resolution No. 2003-__, approving a two (2) year extension and an increase in the number of horses allowed to be kept under Conditional Large Domestic Animal Permit No. 5, (Case No. ZON2003-00198), and grant a fee waiver for a Grading Permit for the Portuguese Bend Pony Club.
  2. Adopt Resolution No. 2003-__, denying, without prejudice, a two (2) year extension and an increase in the number of horses allowed to be kept under Conditional Large Domestic Animal Permit No. 5, (Case No. ZON2003-00198), and denying a fee waiver for a Grading Permit for the Portuguese Bend Pony Club.
  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. 2003-__
  • Equestrian Committee Staff Report, date August 14, 2003
  • Draft Minute Excerpts from Equestrian Committee meeting held on August 14, 2003
  • Equestrian Committee Resolution No. 2003-01
  • Resolution No. 2001-45, including conditions of approval for CLDAP 005
  • Site Plan
  • Letter requesting extension of CLDAP 005, dated April 28, 2003
  • Letter requesting to increase the number of horses from 17 to 21, dated June 18, 2003
  • Letter requesting fee waiver, dated August 19, 2003
  • Letter from Daphne Clarke, dated September 10, 2003

RESOLUTION NO. 2003-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE MODIFICATION TO THE CONDITIONS OF APPROVAL ALLOWING AN INCREASE IN THE NUMBER OF PERMITTED HORSES FROM 17 TO 21, GRANTING A TWO (2) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 005 (CASE NO. ZON2003-00198) AND GRANTING A FEE WAIVER FOR A GRADING PERMIT, FOR PROPERTY LOCATED AT 2 W POMEGRANATE.

WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001-45, thereby approving Conditional Large Domestic Animal Permit (CLDAP) No. 005, for the Portuguese Bend Pony Club. This CLDAP allows the keeping of up to 17 horses on the subject property along with providing riding lessons, training and educational programs. The permit was granted for an initial period of two 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 April 28, 2003, the Portuguese Bend Pony Club submitted a letter requesting a two-year extension for CLDAP 005. Additionally, on June 16, 2003, the Pony Club submitted a letter requesting to revise the allowable number of animals kept on the property from seventeen (17) to twenty-one (21); and,

WHEREAS, on August 14, 2003, the Equestrian Committee conducted a duly noticed public hearing to consider this matter. The Equestrian Committee adopted E.C. Resolution No. 2003-01, thereby recommending that the City Council approve the extension of, and modification to, Conditional Large Domestic Animal Permit No. 005 (Case No. ZON2003-00198) by a 4-0 vote, with Chair Leon and Vice Chair Bara recusing themselves; and,

WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that the extension of the existing permit, the modifications to the conditions of approval of the Conditional Large Domestic Animal Permit to allow four additional horses to be kept at the property or that the grading that is proposed will have a significant effect on the environment. Therefore, the review has been found to be categorically exempt under Class 1 (Section 15301); and,

WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 16, 2003, 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 modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 002 is warranted because the project applicant is a registered non-profit 501(c)(3) corporation. As part of the approval for CLDAP 005, the applicant submitted evidence to the City that the Pony Club is a non-profit 501(c)(3) corporation. Furthermore, the conditions of approval require that the Pony Club submit evidence on an annual basis of the continual 501(c)(3) status, which has been submitted.

Section 2: The proposed modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 005 are warranted because the permit will not be detrimental to the public health, safety, or general welfare. The equestrian facility has been in operation on the site since the fall of 2001, in which time there have been no major code violations on the property and the Pony Club continues to operate in compliance with the conditions of approval set forth in Resolution No. 2001-45.

Section 3: The proposed modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 005 are warranted because the proposed increase of four additional horses that will be kept at the property, which would otherwise be allowed by the provisions of Chapter 17.46 of this title, and the operation of an active outdoor recreational facility or program, which provides a benefit to youth or the physically or mentally challenged, will not have significant adverse effects upon other properties in the vicinity of the site. As noted in the previous section, the equestrian facility has continually operated in compliance with the conditions of approval. Furthermore, the site is sufficient in size and shape to accommodate the increase in four horses without impacting the other properties in the area.

Section 4: The proposed modifications to the conditions of approval and the extension of Conditional Large Domestic Animal Permit No. 005 are warranted because 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. The subject site is located in the Portuguese Bend Community, which is within an Equestrian District. The equestrian facility has been in operation on the site since the fall of 2001, in which time there have been no major code violations on the property, and the Pony Club continues to operate in compliance with the conditions of approval set forth in Resolution No. 2001-45. The extension of the permit and the modifications to the conditions of approval to allow four more horses to be kept on the property will not create a significant adverse impact upon the area.

Section 5: The fee waiver for a Grading Permit is warranted since the proposed grading will benefit a 501(c)(3) corporation.

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 modification to the conditions of approval to increase the number of permitted horses from 17 to 21, grants a two (2) year extension of Conditional Large Domestic Animal Permit No. 005 (Case No. ZON2003-00198), and grants a fee waiver for a Grading Permit, 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 16th day of September 2003,

 

 

_______________________

Douglas Stern, 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. 2003-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 16, 2003.

 

 

_________________________________

City Clerk

 

Exhibit "A"

Conditions of Approval

(Resolution No. 2003-__)

Conditional Large Domestic Animal Permit No. 005

(Case No. ZON2003-00198)

  1. Approval of this revision to Conditional Large Domestic Animal Permit No 005 (Case No. ZON2003-00198) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
  2. Unless modified herein, the applicant and landowner shall comply with all Conditions of Approval set forth in Resolution No. 2001-45, adopted by the City Council on June 5, 2001.
  3. The applicant/property owner shall submit to the City a statement, in writing that they have read, understand and agree to all conditions of approval listed below. Failure to provide said written statement within ninety (90) days of the effective date of approval shall render this approval null and void.
  4. This approval allows the keeping of a maximum of twenty-one (21) horses on the property. Prior to the installation of additional corrals, the applicant shall submit a revised site plan, which reflects the location of the new corrals, to the Director of Planning, Building, and Code Enforcement for review and approval. Additionally, this approval permits the relocation of the turnout ring from the northeast corner of the site to the south side of the existing corrals.
  5. Conditional Domestic Animal Permit No. 005 is hereby extended for a period of two (2) years, from the date of the approval of the extension by the City Council. At the conclusion of the two (2) year period, the City Council shall conduct a hearing, at which time the Council may extend the approval of the CLDAP for an additional period of time to be determined by the City Council, not to exceed two (2) years.