RPVCCA_CC_SR_2013_12_03_F_Green_Hills_Memorial_Park_Special_Use_Permit_AmendmentCITY OF
4o RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
JOEL ROJAS, COMMUNITY DEV
DECEMBER 3, 2013
TY COUNCIL
T DIRECTOR
AMENDMENT TO A SPECIAL USE PERMIT AT GREEN HILLS MEMORIAL
PARK (PLANNING CASE NO. ZON2010-00366)
CAROLYN LEHR, CITY MANAGER Q{2_
Staff Coordinator: Abigail Harwell, Assistant Planner ~
RECOMMENDATION
Adopt Resolution No. 2013-_, thereby memorializing the City Council's decision made on
November 19, 2013 to extend 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. 2010-00366).
DISCUSSION
At the November 19, 2013 City Council meeting, the City Council heard the applicant's request to
extend the Special Use Permit approval for continued use of two existing temporary modular
buildings, located behind the renovated Administration building. The City Council felt that the
applicant's request for an additional 30 months or more of continued use was unreasonable, but
thought that an additional one year should give the applicant enough time to assemble plans and
complete the City's permit process for permanent structures, either by converting the two temporary
modular buildings into permanent structures or constructing new, permanent structures. As such,
the City Council voted 3-2 (with Mayor Brooks and Councilman Knight dissenting) to allow the
Special Use Permit for continued use of the two temporary modular buildings to be extended for one
year. Staff has prepared a City Council Resolution (attached) to memorialize this decision for the
City Council's adoption at tonight's meeting.
The Council's action will extend the current SUP for an additional year from the current expiration
date of December 7, 2013. As noted at the November 19, 2013 City Council meeting, the applicant
needs 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 application fee for a Conditional Use Permit revision is
F-1
Special Use Permit for Green Hills Memorial Park (ZON2010-00366)
December 3, 2013
$4,730. In seeking approval for a permanent structure, the applicant will need to decide whether
they wish to pursue physical corrections to the existing modular units to make them more
aesthetically compatible with the adjoining permanent buildings and compliant with the Building
Code requirements for permanent structures or to build new permanent buildings on the site. Either
option requires the same planning and building permit review process.
ATTACHMENTS:
• City Council Resolution No. 2013-_
F-2
RESOLUTION NO. 2013-_
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,
Resolution No. 2013-_
Page 1 of 6 F-3
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
Resolution No. 2013-_
Page 2 of 6 F-4
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.
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.
Resolution No. 2013-_
Page 3 of 6
F-5
PASSED, APPROVED, AND ADOPTED this 3rd day of December 2013.
Susan Brooks, Mayor
ATTEST:
Carla Morreale, 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 whole numbers of the City Council of said City is five; that the foregoing
Resolution No. 2013-_ was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on December 3, 2013.
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk
Resolution No. 2013-_
Page 4of6 F-6
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 hull 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.
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
Resolution No. 2013-_
Page 5 of 6
F-7
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-_
Page 6 of 6 F-8