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CC RES 2011-033 RESOLUTION NO. 2011-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION'S DENIAL OF A SPECIAL USE PERMIT AT GREEN HILLS MEMORIAL PARK (PLANNING CASE NO. ZON2010- 366), APPROVING THE CONTINUED USE OF TWO (2) TEMPORARY MODULAR BUILDINGS AT GREEN HILLS MEMORIAL PARK FOR THIRTY (30) MONTHS, RATHER THAN THE REQUESTED 9 YEARS. WHEREAS, on April 7, 2005, the Community Development Director approved a Special Use Permit (Planning Case No. ZON2007-00217), thereby allowing 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 be completed; and WHEREAS, on June 28, 2007, the 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 the 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 to remain for an additional six (6) years instead of the approved three (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, Resolution No. 2011-33 Page 1 of 4 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 the continued use of the two (2) temporary modular buildings for an additional nine (9) years, until the year 2020; and, WHEREAS, on January 5, 2011, the Community Development Director denied the application for the Special Use Permit (Planning Case No. ZON2010-00366) for the continued use of the two (2) temporary modular buildings for an additional nine (9) years; and, WHEREAS, on January 18, 2011, the project applicant filed a timely appeal of the Director's denial, requesting that the Planning Commission overturn the Director's decision to deny the Special Use Permit application for the continued use of the two temporary modular buildings for an additional nine (9) years; and, WHEREAS, on March 22, 2011, the Planning Commission adopted P.C. Resolution No. 2011-15, thereby denying the appeal and upholding the Director's decision of denial of the Special Use Permit request; and, WHEREAS, on March 30, 2011, the project applicant filed a timely appeal of the Planning Commission's denial of the request for a Special Use Permit to the City Council, requesting that the original application be granted; and, WHEREAS, on May 17, 2011, the City Council held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. The City Council granted the appeal and overturned the Planning Commission's decision of denial, but modified the requested approval period from nine (9) years to thirty (30) months and directed Staff to return with a revised resolution; NOW, THEREFORE, THE CITY COUNCIL 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 two 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 for thirty more months 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 the temporary modular buildings are not encroaching upon or restricting access to any of the existing parking spaces, drive aisles or on-site roadways. Resolution No. 2011-33 Page2of4 Section 3: The continued special use of the two temporary modular buildings will not result in a significant adverse effect on adjacent properties because thirty months of additional time has been granted in order to allow the applicant time to submit a complete application to modify the existing Conditional Use Permit for the subject property to replace the existing two temporary modular buildings with permanent structures. The additional thirty months is explicitly to address the long-term needs of additional office space at the subject site expressed by the applicant. Due to the exceptional state of the economy, which is causing an undue burden on the business, allowing additional time in which to complete and submit the necessary applications and plans will not cause significant adverse effects on adjacent properties, because there is a specific period (thirty additional months) by when the use of the two temporary buildings must cease. At the conclusion of thirty months, any additional time for the continued use of the two temporary modular buildings will be granted by the City in direct correlation with any approvals granted for the construction of permanent structures to replace these two temporary modular buildings. Section 4: The two temporary modular buildings will not be detrimental to the public health, safety and welfare because certain Conditions of Approval have been applied by which to address the safety issues and long-term welfare to the public. Specifically, a Condition of Approval has been added requiring inspection of the two temporary modular buildings by the City's Building Official, as well as a State Housing and Community Development Official, for safety compliance within six (6) months from the date of adoption of this resolution. The Building Official will verify that the two existing temporary buildings continue to comply with the requirements of the Building Permit (BLD2005-00550), while a State Housing and Community Development Official will verify compliance of the temporary modular buildings with the State Code that governs such structures. All fees associated with these inspections will be paid by the applicant, and any corrections required for compliance must be completed within the approved 6-month period, unless additional time for corrections has been approved by the Community Development Director. Section 5: For the foregoing reasons and based upon the information presented at the public hearing, the City Council of the City of Rancho Palos Verdes hereby approves the appeal, thereby overturning the Planning Commission's denial of the appeal, but modifying the original request from nine (9) years to thirty (30) months of continued use of the two temporary modular buildings, subject to the conditions contained in Exhibit "A" attached hereto and made a part hereof by this reference, which are necessary to protect the public health, safety and welfare. Section 6: The time within which 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. Resolution No. 2011-33 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 7th day of June 2011. Mayor ATTEST: &fc, p City Clerk State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2011-33 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 7, 2011. City Clerk Resolution No. 2011-33 Page 4 of 4 EXHIBIT `A' CONDITIONS OF APPROVAL PLANNING CASE NO. ZON2010-00366 (SUP) GREEN HILLS MEMORIAL PARK (27501 S. WESTERN AVE) 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 of these Conditions of Approval. Failure to provide the 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 construed 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 Community Development Director is authorized to approve minor modifications to the Conditions of Approval and/or the approved temporary modular building plans, provided that such modifications will achieve substantially the same results as would strict compliance with the original plans and/or conditions. Any modifications the Director deems to be not minor will be required to be reviewed and a decision rendered by the City Council, as the last decision body, with all associated applicable fees to be paid by the applicant. 4. This permit allows for continued use of one (1) six hundred seventy-two square foot (672 SF) temporary modular building and one (1) nine hundred sixty square foot (960 SF) temporary modular building, both located to the west of the Administration Building Parking lot, for office use for an additional thirty (30) months, beginning from the date of adoption of this resolution. 5. Within six (6) months from the adoption of this resolution, the applicant will schedule and pay for an Inspection by the City's Building Official of the two temporary modular buildings for compliance with the Building Permit that the City issued for these structures and applicable provisions of the California Building Code. Additionally, the applicant will schedule and pay (if a state fee is required) to have the two temporary modular buildings inspected by a State Housing and Community Development (HCD) Inspector for compliance of the two modular buildings with the applicable provisions of the State Building Code. The applicant shall submit proof of the state inspection and demonstrate compliance of the two temporary modular buildings to the Building and Safety Division within said six month period. If any corrections are required as a result of the inspections, the applicant shall carry out the required corrections and have them verified by the Building Official and/or State Inspector prior to the expiration of the six (6) month period, with any additional time necessary for such corrections to be reviewed by the Community Development Director. If the required inspections and subsequent correction inspections are not completed by the end of the six (6) month period, this approval will be deemed null and void, and the two temporary Resolution No. 2011-33 Exhibit A Page 1 of 2 modular buildings will be required to be removed from the premises within sixty (60) calendar days. 6. Prior to the expiration of the thirty (30) month period of this Special Use Permit, the applicant shall submit all necessary applications, plans and associated information, which shall be completed to the satisfaction of the Community Development Director, to replace the two temporary modular buildings with one or more permanent structures. If the necessary planning applications for the permanent structures have not been submitted and have not been deemed complete by the City prior to expiration of the thirty (30) month approval, no additional time or requests for continued use of the two temporary modular buildings will be granted and this approval shall be deemed null and void. Within sixty (60) calendar days of the expiration of this permit, the applicant shall remove the temporary buildings and complete the restoration of the site, at which point the $5,000 trust deposit submitted at the time of application will be refunded to the applicant. If the submitted application for permanent structures is denied by the City, within sixty (60) calendar days of the final City determination, the applicant shall remove the temporary buildings and complete the restoration of the site, at which point the $5,000.00 trust deposit submitted at the time of application will be refunded to the applicant. 7. If a complete application for permanent structures is submitted within the thirty (30) month period, this Special Use Permit will remain valid and the temporary modular buildings may remain on the site until a decision is rendered on the application for permanent structures. If the submitted application for permanent structures is approved by the City, the term for the continued use of the temporary modular buildings shall be established by the Planning Commission in its review of the application for permanent structures. If the submitted application for permanent structures is withdrawn by the applicant or denied by the City, within sixty (60) calendar days of the withdrawal or denial decision, the applicant shall remove the temporary buildings and complete the restoration of the site, at which point the $5,000 trust deposit submitted at the time of application will be refunded to the applicant. 8. The days and hours of use for the two temporary modular buildings shall continue to be the same as those currently permitted for the Green Hills Memorial Park Administration Building. 9. Failure to comply with any Condition(s) of Approval of this permit, or conduction of any activity that is beyond the scope of this permit, as determined by the City in its sole discretion, shall be grounds for suspension or revocation of this permit. The City will provide written 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, if imminent health and safety issues are involved. Resolution No. 2011-33 Exhibit A Page 2 of 2