PC RES 2009-040 P.C. RESOLUTION NO. 2 -4
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHOL VERDEVERDES DENYINGTHE APPEAL OF
CASE NO. ZON2009-00033, THEREBY UPHOLDING THE
DIRECTORS APPROVAL OF TWO TEMPORARY MODULAR
BUILDINGS TO CONTINUE BEING USEDFOR AN ADDITIONAL
TWELVE H LOCATED AT GREEN HILLSE I L
PARK (27 501 WESTERN AVENUE)
WHEREAS, on April 7, 2005, the Director of Planning, Building and Code
Enforcement approved a Special Use Permit (Planning Case No. ZO 2007-00217),
thereby allowing for two (2) temporary modular buildings of six hundred seventy-two
square feet (672 SF) and nine hundred sixty square feet (960 SF) to be used while the
main Administration Building was being remodeled at Green Hills Memorial Park; and,
WHEREAS, on October 25, 2007, the Director of Planning, Building and Code
Enforcement granted a one-time, one-year extension of the Special Use Permit in order
to allow additional time for the Administration Building to finish construction; and
WHEREAS, on June 2007, the Building Administration building permit was
finaled by the Building and Safety Division; and,
WHEREAS, on November 11, 2008, the Planning Commission denied a request
to allow the two (2) temporary modular buildings to remain permanently on the subject
site; and,
WHEREAS, on February 9, 2009, Green Hills Memorial Park submitted a request
for a Special Use Permit (Planning Case No. ZON2009-00033) to allow for continued
use of the two (2) temporary modular buildings for an additional six (6) years, from 2009
through 2015; and,
WHEREAS, on June 10, 2009, the application was deemed complete; and
WHEREAS, on June 11, 2009, Staff mailed notices to 332 property owners
located within 500 feet of the subject property, providing a 15-day time period for the
submittal of comments and concerns that expired on June 26, 2009; and
WHEREAS, on July 9, 2009, the Director of Planning, Building and Code
Enforcement approved the Special Use Permit (Planning Case No. ZON2009-00033)
for continued use of the two (2) temporary modular buildings for an additional three (3)
months; and,
WHEREAS, on July 24, 2009, the project applicant filed a timely appeal of the
Director's approval, requesting that the Planning Commission revise the Conditions of
P.C. Resolution No. 2009-40
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Approval to allow the temporary modular buildings for an additional six (6) years instead
of the approved three (3) months; and,
WHEREAS, on September 22, 2009, after notice issued pursuant to the
requirements of the Rancho Palos Verdes Development Code, the Planning
Commission held a duly noticed public hearing at which time all interested parties were
given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The site is adequate in size and shape to accommodate the
continued use of the temporary modular buildings because the two modular buildings
are located in an area of the 121-acre park where there is currently no other
development, while providing sufficient space and access for the existing permanent
structures, parking areas and use of the site.
Section 2: The continued special use of the two temporary modular buildings
would not interfere with existing uses or vehicular circulation on the cemetery site
because there is sufficient space for the two modular buildings, which are located
adjacent to an existing parking lot, and not encroaching upon or restricting access to
any of the existing parking spaces, drive aisles or on-site roadways.
Section 3: An additional six (6) years of continued use of the temporary
modular buildings would have a significant adverse impact on properties located
adjacent to and south of the subject site because the two modular buildings are visible
from the public right-of-way and residential properties, and the two buildings appear
temporary and not permanent. An additional twelve (12) months is an appropriate
amount of "temporary" time to allow the applicant to make arrangements to either
remove the two temporary modular buildings from the site or submit an application
requesting a Conditional Use Permit Revision to construct permanent structures to
replace the existing modular buildings.
Section 4: The two temporary modular buildings will continue to not be
detrimental to the public health, safety and welfare because Conditions of Approval are
associated with the approval and there is a building permit on file for the two temporary
modular buildings.
Section 5: For the foregoing reasons and based on the information and
findings included in the Staff Reports, the Planning Commission of the City of Rancho
Palos Verdes hereby denies the appeal request, thereby upholding the Director's
approval of Case No. ZON2009-00033 for a Special Use Permit, allowing the continued
use of two (2) temporary modular buildings for an additional twelve (12) months, 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.
P.C. Resolution No. 2009-40
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PASSED, APPROVED AND ADOPTED this 22nd day of September 2009, by the
following vote:
AYES: Commissioners Knight, Ruttenberg, Tetrault, Vice Chairman Gerstner,
Chairman Lewis
NOES: Commissioner Tomblin
RECUSALS: Commissioner Perestam
ABSTENTIONS: None
ABSENT: None
e
Chairman
Joel P
0
Dir2torhf 11lanning,UUilding
and Co&,-Oforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2009- 40
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. ZON2009-00033 (SUP)
27501 S. WESTERN AVENUE (GREEN HILLS MEMORIAL PARK)
1 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.
Failure to provide written statement within thirty (30) days of the date of this
decision shall render this approval null and void.
2. Approval of this permit shall not be constructed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
3. The Director of Planning, Building and Code Enforcement is authorized to
approve minor modifications to the Conditions of Approval and/or the approved
temporary modular office building plans, provided that such modifications will
achieve substantially the same results as would strict compliance with the
original plans and/or conditions.
4. This permit shall be valid for a period of twelve (12) months, beginning from the
date of this approval. Prior to expiration of this Special Use Permit approval, the
applicant may request a 1-time extension of this permit by the Director of
Planning, Building and Code Enforcement. Any extension request must be
submitted, in writing and accompanied by the applicable fee. This permit shall
ultimately expire at the end of the permit period (including any extension granted
by the City), or upon a decision on a Conditional Use Permit Revision request to
construct permanent structures in which to replace the modular buildings,
whichever occurs later.
5. The days and hours of use for the temporary modular office buildings shall
continue to be the same as those currently permitted for the Administration
Building.
6. Failure to comply with any Condition(s) of Approval of this permit, or conducting
any activity that is beyond the scope of this permit, as determined by the City at
its sole discretion, shall be grounds for suspension or revocation of this permit.
This City will generally provide notification of a violation and direction to the
applicant to correct the violation within twenty-four (24) hours of the notice.
However, the City shall not be obligated to provide such notice, particularly when
imminent health and safety issues are involved.
7. The City reserves the right to modify any of the above listed conditions, based
upon the City's own observations of the use of the temporary modular office
buildings, as well as any valid complaints to the City regarding these buildings
P.C. Resolution No. 2009-40
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from the community at large.
8. The temporary modular office buildings shall be removed from the property and
the site restored to its previous use and appearance prior to the expiration of said
permit. If the temporary modular office buildings are not removed and the site
not restored within the required time frame, the City will remove the temporary
buildings from the site and restore the site using the $5,000.00 trust deposit
established by the applicant pursuant to Condition No. 11 of the original Special
Use Permit approval (Planning Case No. ZON2002-00271).
P.C. Resolution No. 2009-40
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