Rancho Palos Verdes City Council
   

DECEMBER 7, 2004 TWO (2) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002 (CASE NO. ZON2004-00433) (Applicant: Ride to Fly; Property Owner: George and Leanne Twidwell) DECEMBER 7, 2004 TWO (2) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002 (CASE NO. ZON2004-00433) (Applicant: Ride to Fly; Property Owner: George and Leanne Twidwell)

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: DECEMBER 7, 2004

SUBJECT: TWO (2) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002 (CASE NO. ZON2004-00433) (Applicant: Ride to Fly; Property Owner: George and Leanne Twidwell)

Staff Coordinator: Dave Blumenthal, Associate Planner

RECOMMENDATION

Adopt Resolution No. 2004-__, 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 (50 Narcissa Drive).

EXECUTIVE SUMMARY

This item is being brought before the City Council for consideration since Municipal Code Section 17.76.115(B)(1)(a)(iv) requires Council review of all equestrian facilities and/or programs operated by a 501(c)(3) non-profit organization. The request is to allow Ride-to-Fly (a 501(c)(3) non-profit organization) to continue to operate its therapeutic riding program for an additional two years and to continue to maintain four horses on the site. Based on written and oral testimony provided during a public hearing, the Equestrian Committee is recommending that the City Council extend Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2004-00433), for a period of two (2) years.

BACKGROUND

On October 17, 2000, the City Council approved 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.

On October 1, 2002, the City Council granted a two (2) year extension of CLDAP No. 002, setting the expiration of the permit for October 17, 2004.

On October 14, 2004, the Equestrian Committee conducted a duly noticed public hearing on the extension of Conditional Large Domestic Animal Permit No. 2 (Case No. ZON2004-00433). 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. 2, by an 8-0 vote (see attached minutes).

On November 18, 2004, notice of the City Council public hearing was sent to all property owners within 500’ of the subject site. Additionally, the notice was published in the Palos Verdes Peninsula News on November 20, 2004.

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 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 extension of the Conditional Large Domestic Animal Permit meets this provision and therefore qualifies for a Class 1 exemption.

DISCUSSION

A site description and staff analysis of the requested extension to Conditional Large Domestic Animal Permit No. 2 is contained in the attached Equestrian Committee staff report, dated October 14, 2004. Therefore, the body of this "Discussion" section will focus on the issues raised at the Equestrian Committee public hearing.

During the October 14, 2004 public hearing, before the Equestrian Committee, two people spoke in favor of the request, both of which represented Ride-to-Fly. Additionally, no one spoke in opposition to the request. Nevertheless, prior to the Equestrian Committee hearing, an anonymous letter regarding Ride to Fly’s operation was received (attached). This letter states that riders have been blocking Narcissa, people dart between cars when crossing the road, parked cars block the right of way, the peppertrees should be trimmed and tumble weeds should be removed from the site, and there have been too many cars parked on the site. In response to this, Ride-to-Fly’s representatives noted, in an effort to address these concerns, they will voluntarily implement the following action plan: 1) when they are riding on the road and a car approaches, the volunteers will take the rider to the side of the road and stop until the car passes, 2) they will work with the volunteers to ensure that they are not blocking the street when they park their cars, 3) they have contracted a company to trim the trees and to remove any tumbleweeds from the site, and 4) they have worked out an agreement with several of the neighbors to utilize their driveways for additional parking when needed. It should be noted, the Equestrian Committee is not recommending any specific conditions of approval to include the aforementioned action plan into the permit.

Based on the aforementioned action plan, written and verbal testimony provided during the public hearing, the Equestrian Committee’s review of the site and Ride-to-Fly’s operation, the Equestrian Committee adopted E.C. Resolution No. 2004-01, thereby recommending that the City Council grant a two (2) year extension of Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2004-00433), by an 8-0 vote.

Alternatively, should the City Council determine not to extend Conditional Large Domestic Animal Permit No. 2, Ride-to-Fly will be required to vacate the site and remove any improvements related to the program.

ADDITIONAL INFORMATION

Correspondence Received:

Other than the correspondence received prior to the Equestrian Committee public hearing (attached), staff has not received any correspondence regarding this item.

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. 2004-__, approving the extension of Conditional Large Domestic Animal Permit No. 2, 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. 2004-__
  • Equestrian Committee Staff Report, dated October 14, 2004
  • E.C. Resolution No. 2004-01
  • Equestrian Committee Minute Excerpts, dated October 14, 2004
  • Resolution No. 2002-85
  • Correspondence received

RESOLUTION NO. 2004-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING A TWO (2) YEAR EXTENSION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002 (CASE NO. ZON2004-00433), FOR PROPERTY LOCATED AT 50 NARCISSA DRIVE.

WHEREAS, on October 17, 2000, the City Council approved 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; and,

WHEREAS, on October 1, 2002, the City Council granted a two (2) year extension of CLDAP No. 002; and,

WHEREAS, on October 14, 2004, the Equestrian Committee conducted a duly noticed public hearing on the extension of Conditional Large Domestic Animal Permit No. 2 (Case No. ZON2004-00433). After considering all 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. 2, by an 8-0 vote; 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 Conditional Large Domestic Animal Permit 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, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on December 7, 2004, 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 City Council finds that Ride-to-Fly is complying with all of the conditions of approval for Conditional Large Domestic Animal Permit No. 002, and has not created an undue negative impact to the Portuguese Bend Community. Therefore, the City Council feels that the proposed two (2) year extension of the CLDAP shall be granted.

Section 2: 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.

Section 3: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings (dated October 14, 2004 and December 7, 2004), the City Council of the City of Rancho Palos Verdes hereby grants a two (2) year extension of Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2004-00433), 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 7th day of December 2004.

_______________________

Mayor

ATTEST:

____________________
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. 2004-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 7, 2004.

_________________________________

City Clerk

 

Exhibit "A"

Conditions of Approval

(Resolution No. 2004-__)

Conditional Large Domestic Animal Permit No. 002

(Case No. ZON2004-00433)

  1. Approval of this extension to Conditional Large Domestic Animal Permit No 002 (Case No. ZON2004-00433) 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, all Conditions of Approval set forth in Resolution No. 2002-85, adopted by the City Council on October 1, 2002, shall be complied with at all times.
  3. Conditional Domestic Animal Permit No. 002 is hereby extended for a period of two (2) years, from the date of the adoption of this Resolution. 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.