CC RES 2013-075 RESOLUTION NO. 2013-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES THEREBY EXTENDING APPROVAL OF GREEN HILLS MEMORIAL
PARK'S CURRENT SPECIAL USE PERMIT FOR USE OF TWO TEMPORARY
MODULAR BUILDINGS FOR ONE ADDITIONAL YEAR SO THAT THE
APPLICANT CAN OBTAIN ALL THE NECESSARY CITY APPROVALS AND
PERMITS FOR PERMANENT BUILDINGS IN LIEU OF THE TWO
TEMPORARY MODULAR BUILDINGS (PLANNING CASE NO. ZON2010-
00366).
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 permit for the Administration Building was finaled
by the Building and Safety Division; and,
WHEREAS, on November 11, 2008, the Planning Commission denied a request to
revise CUP No. 115, to allow the permanent use of the two (2) temporary modular buildings to
be used for permanent office space; and,
WHEREAS, on January 23, 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 July 9, 2009, the Community Development Director approved a Special
Use Permit (Planning Case No. ZON2009-00033) for continued use of the two (2) temporary
modular buildings for an additional three (3) months. This decision was appealed by the
applicant to the Planning Commission; 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,
WHEREAS, on September 22, 2010, approval of the Special Use Permit (Planning Case
No. ZON2009-00033) expired; 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, 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. This decision
was appealed by the applicant to the Planning Commission; and,
WHEREAS, on March 22, 2011, the Planning Commission denied the appeal, upholding
the Director's decision. This decision was appealed by the applicant to the City Council; and,
WHEREAS, on May 17, 2011, the City Council overturned the Planning Commission's
decision, approving the appeal request, conditioning that the approval be for only 30 months,
requiring City and State Inspections of the two temporary modular buildings be completed within
6 months of the approval, and prior to expiration of the permit that plans be submitted and
deemed complete for construction of a permanent structure to replace the two temporary
modular buildings; and,
WHEREAS, on June 7, 2011, City Council Resolution No. 2011-33 was adopted via
consent calendar; and,
WHEREAS, on September 23, 2013, the applicant submitted a request to amend the
Special Use Permit (Case No. ZON2010-00366) to allow continued use of the two temporary
modular buildings for an additional 30 months; and,
WHEREAS, on November 19, 2013, 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 decided to allow the Special Use Permit for continued use of the two
temporary modular buildings to be extended for one additional year from the current expiration
date of December 7, 2013 and directed Staff to return with an appropriate 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 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: The continued special use of the two temporary modular buildings will not
result in a significant adverse effect on adjacent property because one year of additional time
has been granted in order to allow the applicant time to submit and receive approval of a
Conditional Use Permit revision by the Planning Commission to amend the applicant's current
Master Plan to allow permanent structures in lieu of the current temporary modular units. The
additional year is explicitly to address the long-term needs of additional office space at the
subject site expressed by the applicant. At the conclusion of one year, no additional time for
continued use of the two temporary modular buildings will be granted by the City unless all
required planning approvals have been obtained.
Resolution No. 2013-75
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Section 4: The two temporary modular buildings will not be detrimental to the public
health, safety and welfare because inspection of the two temporary modular buildings by the
City's Building Official and a State Inspection Official was conducted in 2011 and within one
year of December 7, 2013 the applicant shall apply for all appropriate approvals and permits for
permanent structure in lieu of the temporary modular buildings in compliance with all City and
State Building Codes.
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 extends the
Special Use Permit for one additional year from December 7, 2013 of use for the two temporary
modular buildings at Green Hills Memorial Park, 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.
Section 6: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought if governed by Section 1094.6 of the California Code of
Civil Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 3rd day of December 2013.
OF/
14
Ma or
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2013-75 was duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on December 3, 2013.
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City Clerk
Resolution No. 2013-75
Page 3 of 3
EXHIBIT `A'
RESOLUTION NO. 2013-75
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 one year, from
December 7, 2013 to December 7, 2014.
6. Prior to the expiration of the one (1) year approval of this Special Use Permit
(December 7, 2014), the applicant shall submit all necessary applications, plans
and associated information, which shall be completed to the satisfaction of the
Community Development Director, to either replace the two temporary modular
buildings with one or more permanent structures or convert the existing modular
buildings into 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 one year (by December 7, 2014), 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.
Resolution No. 2013-75
Exhibit A
Page 1 of 2
7. If a complete application for permanent structures is submitted within one year
(by December 7, 2014), 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. 2013-75
Exhibit A
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