Rancho Palos Verdes City Council
   

December 19, 2006 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA-FIVE (5) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 (CASE NO. ZON2004-00433) (Applicant: Ride to Fly; Property Owner: George and Leanne Twidwell) December 19, 2006 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA-FIVE (5) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 (CASE NO. ZON2004-00433) (Applicant: Ride to Fly; Property Owner: George and Leanne Twidwell). December 19, 2006 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA-FIVE (5) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 (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 19, 2006

SUBJECT: FIVE (5) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 (CASE NO. ZON2004-00433) (Applicant: Ride to Fly; Property Owner: George and Leanne Twidwell)

Staff Coordinator: Kristen Sohn, Associate Planner

RECOMMENDATION

Adopt Resolution No. 2006-__, approving a five (5) year extension of Conditional Large Domestic Animal Permit No. 2, 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 five (5) 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. 2 (Case No. ZON2004-00433), for a period of five (5) 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. 2, setting the expiration of the permit for October 17, 2004.

On December 7, 2004, the City Council granted a two (2) year extension of CLDAP No. 2, thus the permit expires on December 23, 2006.
On November 9, 2006, 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 five (5) year extension of Conditional Large Domestic Animal Permit No. 2, by an 8-0 vote (see attached minutes).

On December 1, 2006, 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 December 2, 2006. Staff received no comments regarding the proposed project.

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 complete 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 November 9, 2006. Essentially, Ride-to-Fly is proposing to continue to maintain four (4) horses as part of their therapeutic riding program at the same location for the past six (6) years. As requested to the Equestrian Committee, based on periodic inspection to the property, Staff believes the property is well maintained and operated in accordance with the conditions of CLDAP No. 2. Furthermore, Staff has not received any comments regarding the proposed permit extension.

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. 2006-02, thereby recommending that the City Council grant a five (5) year extension of Conditional Large Domestic Animal Permit No. 2 (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.

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. 2, and direct staff to return with the appropriate resolution at a future meeting.

2. Adopt Resolution No. 2006-__, approving the extension of Conditional Large Domestic Animal Permit No. 2, for a period of time other than five (5) 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:

- City Council Resolution No. 2006-__
- Equestrian Committee Staff Report, dated November 9, 2006
- E.C. Resolution No. 2006-02
- Equestrian Committee Minute Excerpts, dated November 9, 2006
- Resolution No. 2004-106

RESOLUTION NO. 2006-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING A FIVE (5) YEAR EXTENSION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 (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. 2, 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. 2; and,

WHEREAS, on December 7, 2004, the City Council granted a two (2) year extension of CLDAP No. 2, thus the permit expires on December 23, 2006.

WHEREAS, on November 9, 2006, 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 five (5) 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 19, 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 City Council finds that Ride-to-Fly is complying with all of the conditions of approval for Conditional Large Domestic Animal Permit No. 2, and has not created an undue negative impact to the Portuguese Bend Community. Therefore, the City Council feels that the proposed five (5) 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 November 9, 2006 and December 19, 2006), the City Council of the City of Rancho Palos Verdes hereby grants a five (5) year extension of Conditional Large Domestic Animal Permit No. 2 (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 19th day of December 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 December 19, 2006.

_________________________________
City Clerk

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

Conditional Large Domestic Animal Permit No. 2
(Case No. ZON2004-00433)

1. Approval of this extension to Conditional Large Domestic Animal Permit No. 2 (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. Conditional Domestic Animal Permit No. 2 is hereby extended for a period of five (5) years, from the date of the adoption of this Resolution. At the conclusion of the five (5) 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 five (5) years.

Unless modified herein, the following conditions of approval set forth in Resolution No. 2002-85, adopted by the City Council on October 1, 2002, and December 7, 2004, shall be complied with at all times:

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. The approval of the 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:

a. The subject lot or parcel is subdivided, reduced in size or is combined with one or more other lots or parcels;

b. 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;

c. 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;

d. The property owners rescind the authorization for the use of the property by the applicant; or,

e. 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.

10. 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.

11. A maximum of four (4) horses belonging to the applicant may be kept on the subject property at any time

12. 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.

13. The applicant shall be responsible for completing the following tasks, to the satisfaction of the Director of Planning, Building and Code Enforcement:

a. Maintain the existing perimeter fencing around the corrals;

b. Maintain landscape screening along the perimeter of the corrals, especially along the Narcissa Drive frontage of the property; and,

c. 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.

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

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.

15. 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.

16. 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.

17. 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.

18. 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.

19. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to accumulate in any regular, intermittent or seasonal watercourse.

20. The property shall be maintained so that there is no standing surface water or ponding within areas in which the horses are kept.

21. 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.

22. The applicant shall carry out a program of fly control through such means as traps, pesticides or natural predators.

23. No structure or enclosure for the keeping of the horses shall be constructed or maintained in any regular, intermittent or seasonal watercourse.