RPVCCA_SR_2011_06_07_D_Special_Use_Permit_Appeal_Green_Hills_Memorial_ParkCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &M~MBERS F THE CITY COUNCIL
JOEL ROJAS,COMMUNITY OPMENT DIRECTOR
JUNE 7,2011
APPEAL OF A SPECIAL USE PERMIT AT GREEN HILLS MEMORIAL PARK
(PLANNING CASE NO.ZON2010-00366)
CAROLYN LEHR,CITY MANAGER G9--.
Staff Coordinator:Abigail Harwell,Assistant Planner~
RECOMMENDATION
Adopt Resolution No.2011-_,thereby approving the applicant's appeal to overturn the Planning
Commission's denial of a Special Use Permit,but modifying the approval period from the requested
nine (9)years to thirty (30)months (Planning Case No.2010-00366).
DISCUSSION
At the May 17,2011 City Council meeting,the City Council heard the applicant's appeal of the
Planning Commission's denial of a requested Special Use Permit 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 nine years of continued use was not
reasonable,but thought that an additional two and a half years (30 months)should give the
applicant enough time to assemble plans and complete an application for permanent structures in
place of the two temporary modular buildings.As such,the City Council voted 4-0 (with Mayor Long
absent)to overturn the Planning Commission's decision and directed Staff to return with a resolution
of approval.Staff has prepared a revised City Council Resolution with Conditions of Approval that
memorialize this decision for the City Council's adoption at tonight's meeting.
ADDITIONAL INFORMATION
According to Municipal Code Section 17.80.120,"if an appeal results in a modification to the project,
other than the changes specifically requested in the appeal,then one-half ofthe appeal fee shall be
refunded to the successful appellant."As the subject appeal resulted in approval,with a
modification to the requested period of approval time,the appellant will be refunded half ($1,137.50)
of the $2,275.00 appeal fee submitted.This refund will be processed and mailed to the appellant.
ATTACHMENTS:
•City Council Resolution No.2011-_
•Exhibit lA'-Conditions of Approval D-1
RESOLUTION NO.2011-_
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-_
Page 1 of 6D-2
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-_
Page 2 ot6D-3
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-_
Page 30f6D-4
PASSED,APPROVED,AND ADOPTED this i h day of June 2011.
Tom Long,Mayor
ATTEST:
Carla Morreale,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,do hereby
certify that the whole numbers of the City Council of said City is five;that the foregoing
Resolution No._was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on June 7,2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk
Resolution No.2011-_
Page 4 of6D-5
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-_
Page 5 of6D-6
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-_
Page 6 of 6D-7