Rancho Palos Verdes City Council
   

AUGUST 1, 2006 Rancho Palos Verdes PLANNING CASE NO. ZON2005-00523: TWO-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR THE PORTUGUESE BEND PONY CLUB AUGUST 1, 2006 Rancho Palos Verdes PLANNING CASE NO. ZON2005-00523: TWO-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR THE PORTUGUESE BEND PONY CLUB



AUGUST 1, 2006 Rancho Palos Verdes PLANNING CASE NO. ZON2005-00523: TWO-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR THE PORTUGUESE BEND PONY CLUB



TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: AUGUST 1, 2006

SUBJECT: PLANNING CASE NO. ZON2005-00523: TWO-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR THE PORTUGUESE BEND PONY CLUB

Staff Coordinator: Kit Fox, AICP, Associate Planner

RECOMMENDATION

Adopt Resolution No. 2006-__, granting a 2-year extension of Conditional Large Domestic Animal Permit No. 5 for the Portuguese Bend Pony Club to August 1, 2008.

EXECUTIVE SUMMARY

The Portuguese Bend Pony Club has operated under Conditional Large Domestic Animal Permit No. 5 since 2001. The City’s Development Code requires bi-annual review of this permit for the continued use of the property on West Pomegranate Road. Based upon the required findings and the Equestrian Committee’s recommendation, Staff believes that the applicants’ request is warranted and should be granted.

BACKGROUND

Conditional Large Domestic Animal Permit No. 5, originally approved on June 5, 2001, allowed the Portuguese Bend Pony Club to operate on a 13.78-area parcel at 2 West Pomegranate Road in the Portuguese Bend Equestrian Overlay (Q) District with up to seventeen (17) horses for an initial period of two (2) years. Activities permitted under Conditional Large Domestic Animal Permit No. 5 include riding lessons, training and education programs, and a cross-country course. The City Council last granted a 2-year extension of Conditional Large Domestic Animal Permit No. 5 on September 16, 2003. Pursuant to the conditions of approval, the Portuguese Bend Pony Club has requested another 2-year extension of Conditional Large Domestic Animal Permit No. 5. No changes to the current scope of operations or number of horses kept on the property are proposed.

The Equestrian Committee reviewed this matter at a public hearing on May 11, 2006, at which time the Equestrian Committee adopted a resolution recommending approval of the extension of Conditional Large Domestic Animal Permit No. 5 to the City Council by a 6-0 vote, with Chairman Gordon Leon, Vice Chairman Richard Bara and Member Kay Bara recusing themselves.

DISCUSSION

In considering a conditional large domestic animal permit for the operation of a non-profit equestrian facility or program, the City Council must make four (4) findings pursuant to Section 17.76.115(B)(3)(e) of the Rancho Palos Verdes Municipal Code (RPVMC):

1. The project applicant is a registered nonprofit 501(c)(3) corporation.

The Pony Club has provided evidence of its continued non-profit status. Therefore, Staff believes that this finding can be made.

2. The permit, if issued, will not be detrimental to the public health, safety or general welfare.

The Pony Club has operated its equestrian programs from the subject property since 2001, and has boarded its members’ horses on the property for many years prior to that. Although the City has occasionally received complaints about the property, any Code violations have usually been rectified quickly. Most recently, the Pony Club conducted some non-permitted grading to repair a slope next to its arena that failed during the Winter 2005 storms. The Pony Club continues to work with Staff to resolve this issue, and the Equestrian Committee recommended conditioning the approval of this extension to require the Pony Club to complete its grading application within ninety (90) days of the City Council’s action in this matter. Therefore, Staff believes that this finding can be made.

3. 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 Pony Club is currently permitted to board seventeen (17) horses on the property, and is not proposing to increase this number. There are no changes proposed to any of the Pony Club’s programs or activities on the site. Staff is unaware of any evidence that Pony Club’s operations have resulted in significant adverse effect upon surrounding properties in the past, and we expect that this would continue under an extended permit. Therefore, Staff believes that this finding can be made.

4. 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 is not aware that the continued operation of the Pony Club on this site has led to any significant cumulative impacts to the community. To Staff’s knowledge, the membership of the Pony Club has remained fairly constant throughout the permit period, and its operation has not led to the establishment of any similar facilities or programs in the area. Therefore, Staff believes that this finding can be made.

Based upon the foregoing discussion and the recommendation of the Equestrian Committee, Staff believes that all of the above-mentioned findings can be made to approve the requested extension 2-year of Conditional Large Domestic Animal Permit No. 5.

ADDITIONAL INFORMATION

Public Notification

On July 12, 2006, public notices were mailed to the applicant, the property owner and thirty-one (31) property owners within a 500-foot radius of the subject property. Public notice was also published in the Palos Verdes Peninsula News on July 15, 2006. As of the date that this report was completed, Staff had received no comments from any notified parties.

CEQA Compliance

The proposed project involves continued operation of an existing equestrian facility, with no proposed change to the scope or scale of operations. As such, Staff determined that this project is categorically exempt (Class 1 – Existing Facilities) from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301(e)(1) of the CEQA Guidelines.

CONCLUSION

Staff believes that the applicants’ request for a 2-year extensions of Conditional Large Domestic Animal Permit No. 5 (Planning Case No. ZON2005-00523) is warranted, based upon the required findings under RPVDC Section 17.76.115(B)(3)(e). Therefore, Staff recommends that the City Council grant the applicants’ request.

FISCAL IMPACT

Pursuant to Section 17.78.010(D)(5) of the Rancho Palos Verdes Development Code, the application fee for the Portuguese Bend Pony Club was automatically waived for this permit extension request. The costs associated with the processing of this application have been borne by the City’s General Fund.

ALTERNATIVES

In addition to Staff’s recommendation, the alternatives available for the City Council’s consideration include:

1. Grant the requested permit extension for a shorter or longer period of time, and direct Staff to prepare a revised resolution for adoption at the next City Council meeting.

2. Deny the requested permit extension, and direct Staff to prepare a revised resolution for adoption at the next City Council meeting.

3. Identify any issues of concern with the requested permit extension, provide direction to Staff and/or the applicant, and continue this matter to a date certain.

Respectfully submitted:
Joel Rojas, AICP, Director of Planning, Building and Code Enforcement

Reviewed by:
Les Evans, City Manager

Attachments:

Resolution No. 2006-__
E.C. Resolution No. 2006-01
Equestrian Committee Minutes (excerpts) and Staff reports

RESOLUTION NO. 2006-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING A TWO-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 (CASE NO. ZON2005-00523), FOR PROPERTY LOCATED AT 2 WEST POMEGRANATE ROAD

WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001-45, thereby approving Conditional Large Domestic Animal Permit (CLDAP) No. 5 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 (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 April 28, 2003, the Portuguese Bend Pony Club submitted a letter requesting a two-year extension for CLDAP No. 5 (Case No. ZON2003-00198). 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 adopted EC Resolution No. 2003-01, thereby recommending approval of the Pony Club’s requests to the City Council; and,

WHEREAS, on September 16, 2003, the City Council considered the Equestrian Committee’s recommendation and adopted Resolution No. 2003-77, thereby granting the 2-year extension of CLDAP No. 5 but denying the request to increase the number of horses permitted; and,

WHEREAS, on October 10, 2005, the Pony Club requested another 2-year extension of CLDAP No. 5 (Case No. ZON2005-00523); and,

WHEREAS, On May 11, 2006, the Equestrian Committee adopted EC Resolution No. 2006-01, thereby recommending approval of the Pony Club’s request to the City Council; 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 approval of Conditional Large Domestic Animal Permit 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, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on August 1, 2006, 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 extension of Conditional Large Domestic Animal Permit No. 5 is warranted because the project applicant is a registered non-profit 501(c)(3) corporation. As part of the approval for CLDAP No. 5, 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.

Section 2: The proposed extension of Conditional Large Domestic Animal Permit No. 5 is 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 Fall 2001, and the Pony Club has continues to operate in compliance with the conditions of approval set forth in Resolution No. 2001-45. A small slope failure occurred on the site as the result of the winter storms of 2005, and the Pony Club has submitted the necessary grading application (Case No. ZON2006-00010) to correct this slope condition and is making timely process to complete the application and correct the slope condition.

Section 3: The proposed extension of Conditional Large Domestic Animal Permit No. 5 is warranted because any increase in the number of animals that would otherwise be allowed by the provisions of Chapter 17.46 of the Development Code 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. 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 seventeen (17) horses kept on the property without impacting the other properties in the area.

Section 4: The proposed extension of Conditional Large Domestic Animal Permit No. 5 is 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 Overlay (Q) District. The equestrian facility has been in operation on the site since the Fall 2001, and the Pony Club continues to operate in compliance with the conditions of approval set forth in Resolution No. 2001-45. The approval of the extension will not create a significant adverse impact upon the area.

Section 5: 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 6: 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 grants a two-year extension of Conditional Large Domestic Animal Permit No. 5 (Case No. ZON2005-00523), 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 __st day of August 2006.

________________________
Mayor
Attest:

________________________
City Clerk

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

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on ________, 2006.

________________________
City Clerk

Exhibit ‘A’
Conditions of Approval
(Resolution No. 2006-__)

Extension of Conditional Large Domestic Animal Permit No. 5
(Case No. ZON2005-00523)

1. Approval of this extension of Conditional Large Domestic Animal Permit No 5 (Case No. ZON2005-00523) 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. Conditional Domestic Animal Permit No. 5 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-year period, the City Council shall conduct a hearing, at which time the Council may extend the approval of CLDAP No. 5 for an additional period of time to be determined by the City Council, not to exceed two (2) years.

5. Within ninety (90) days of the date of the City Council’s action extending CLDAP No. 5, the applicant shall complete the after-the-fact grading approval application (Case No. ZON2006-00010) for the site. Failure to complete the grading approval application by this date shall require City Council approval for continued operation of the Pony Club facility.