PC RES 2011-015 P.C. RESOLUTION NO. 2011-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF
PLANNING CASE NO. LON2011-00366, THEREBY UPHOLDING
THE DIRECTORS DENIAL TO ALLOW CONTINUED USE OF
TWO TEMPORARY MODULAR BUILDINGS FOR AN
ADDITIONAL NINE YEARS, UNTIL THE YEAR 2020, LOCATED
AT GREEN HILLS MEMORIAL PARK (27501 WESTERN
AVENUE)
WHEREAS, on April 7, 2005, the Community Development Director approved a
Special Use Permit (Planning Case No. ZON2007-00217), 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 Community Development Director 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. Z.ON2009-00033) 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 July 9, 2009, the Community Development Director 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
Approval to allow the temporary modular buildings for an additional six (6) years instead
of the approvedthree (3) months; and,
WHEREAS, on September 22, 2009, the Planning Commission denied the
appeal, upholding the Director's decision, but modifying the conditions to allow the
temporary modular buildings to remain for one (1) year from the date of the decision;
and,
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WHEREAS, on September 22, 2010, approval of the Special Use Permit expired
(Planning Case No. ZON2009-00033); and,
WHEREAS, on October 18, 2010, Green Hills Memorial Park submitted a new
request for a Special Use Permit (Planning Case No. ZON2010-00366) to allow for
continued use of the two (2) temporary modular buildings for an additional nine (9)
years, until the year 2020; and,
WHEREAS, after the submittal of additional information, the application was
deemed complete for processing on December 6, 2010; and,
WHEREAS, after a duly noticed 15-day commenting period, on January 5, 2011,
the Community Development Director denied the Special Use Permit (Planning Case
No. ZON2010-00366) for continued use of the two (2) temporary modular buildings for
an additional nine (9) years, until the year 2020; and,
WHEREAS, on January 18, 2011, the project applicant filed a timely appeal of
the Director's denial, requesting that the Planning Commission deem the temporary
modular buildings to be permanent and allow them to remain in their current location
until Green Hills finds them no longer necessary; and,
WHEREAS, on March 22, 2011, after notice was 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 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 nine (9) years, until the year 2020, 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, which would negatively
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affect the property value of these properties for a longer period of time and the two
buildings are no longer necessary for the purpose in which they were originally
approved.
Section 4: The two temporary modular buildings will be detrimental to the
public health, safety and welfare because due to their visibility from the adjoining
residential neighborhood to the south and with no proposed plans to construct
permanent facilities in place of these temporary structures, allowing them to reside
permanently in their current location without any development review is detrimental to
the public welfare.
Section 5: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Section 17,02.040(C)(1)(g)
of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the
City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later
than fifteen (15) days following March 22, 2011, the date of the Planning Commission's
final action.
Section 6: 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 denial
of Case No. ZON2010-00366 for a Special Use Permit, allowing the continued use of
two (2) temporary modular buildings for an additional nine (9) years, until the year 2020.
PASSED, APPROVED AND ADOPTED this 22nd day of March 2011, by the following
vote:
AYES: Commissioners Emenhiser, Gerstner, Knight, Lewis, Vice Chairman Tetreault
NOES- Commissioner Leon
RECUSALS: None
ABSTENTIONS: None
ABSENT: Chairman Tomblin
David L Tomblin,
Chairman
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SVorn unity elopment Director; and,
retary of the Planning Commission
P.C. Resolution No, 2011-15
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