Date: Subject: CITY OF PUBLIC HEARING November 19, 2013 AMENDMENT TO SPECIAL USE PERMIT (PLANNING CASE NO. ZON2010-00366): REQUEST TO AMEND THE APPROVAL TO ALLOW CONTINUED USE OF TWO (2) TEMPORARY MODULAR BUILDINGS AT GREEN HILLS MEMORIAL PARK Subject Property: Green Hills Memorial Park 1. Declare the Hearing Open: Mayor Brooks 2. Report of Notice Given: City Clerk Morreale 3. Staff Report & Recommendation: Assistant Planner Harwell 4. Public Testimony: Appellants: N/A Applicant: Ray Frew 5. Council Questions: 6. Rebuttal: 7. Declare Hearing Closed: Mayor Brooks 8. Council Deliberation: 9. Council Action: 1-1
Transcript
Date:
Subject:
CITY OF
PUBLIC HEARING
November 19, 2013
AMENDMENT TO SPECIAL USE PERMIT (PLANNING CASE NO. ZON2010-00366): REQUEST TO AMEND THE APPROVAL TO ALLOW CONTINUED USE OF TWO (2) TEMPORARY MODULAR BUILDINGS AT GREEN HILLS MEMORIAL PARK
CITY OF RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL
JOEL ROJAS, COMMUNITY DEV~~ DIRECTOR
NOVEMBER 19, 2013 v ...... AMENDMENT TO SPECIAL USE PERMIT (PLANNING CASE NO. ZON2010-00366): REQUEST TO AMEND THE APPROVAL TO ALLOW CONTINUED USE OF TWO (2) TEMPORARY MODULAR BUILDINGS AT GREEN HILLS MEMORIAL PARK.
Deny a request to amend the Special Use Permit (Case No. ZON2010-00366) for an additional 30 months of continued use of two temporary modular buildings at Green Hills Memorial Park, and direct Staff to bring back an appropriate resolution to memorialize the decision at the next City Council meeting.
BACKGROUND
On April 7, 2005, the Community Development Director approved a Special Use Permit (Planning Case No. ZON2007-00271) to allow the use of two (2) temporary modular buildings of six hundred seventy-two square feet (672 SF) and nine hundred sixty square feet (960 SF) while the main Administration Building at Green Hills Memorial Park was being remodeled. The Special Use Permit was originally issued for a two-year period (expiring April 2007) and received a one-time, one-year extension to April 2008. According to Green Hills, the purpose of the two temporary modular buildings was to provide office space for those employees displaced during the remodeling, which was completed in June 2007.
Since that time, Green Hills Memorial Park has requested continued use of these two temporary structures. The following is a chronology of requests/decisions that have occurred between 2008 and the present:
• April 2008 - The SUP extension period expires, and the applicant is notified by Staff to remove the temporary modular buildings.
• October 2008 - Rather than remove the modular buildings, the applicant requests a CUP revision to allow the modular buildings to remain as permanent office space.
1-2
Memorandum: Amendment of Special Use Permit (Case No. ZON2010-00366) 27501 Western Avenue - Green Hills Memorial Park November 19, 2013
• November 11, 2008- The Planning Commission denies the applicant's request to allow the 2 modular buildings to be used for permanent office space. The applicant does not appeal the decision. The applicant is subsequently notified by Staff to remove the modular buildings.
• January 23, 2009 - The applicant files a new SUP application (Case No. ZON2009-00033) to allow the 2 modular buildings to remain on the site for use as temporary office space for an additional 6 years.
• July 9, 2009- The Community Development Director approves the SUP, but only for 3 months to allow the applicant some time to remove the temporary modular buildings. The applicant appeals the Director's decision to the Planning Commission.
• September 22, 2009 - The Planning Commission denies the appeal, upholding the Director's approval, but modifying the temporary approval period for one year with one opportunity for a 6-month extension to allow additional time for the applicant to submit the necessary CUP revision application for new office space. The applicant does not appeal the decision.
• October 18, 2010 - The applicant files a new SUP application request (Case No. ZON2010-00366) to allow the 2 modular buildings to remain on the site for an additional 9 years.
• January 5, 2011 - The Community Development Director denies the application. The applicant appeals the Director's decision to the Planning Commission.
• March 22, 2011 - The Planning Commission denies the appeal on a 5-1 vote, upholding the Director's denial. The applicant subsequently appeals the Planning Commission's decision to the City Council.
• May 17, 2011 - The City Council overturns the Planning Commission's denial and allows the applicant to keep the modular buildings for 30 months, provided they pass City and State inspections which are to be completed within 6 months, and that sometime before the end of the 30-month time period, plans be submitted and deemed complete for construction of a permanent structure to replace the two temporary modular buildings. City Council Resolution No. 2011-33 (attached) is adopted via consent calendar on June 7, 2011.
• December 7, 2011 - The 6-month deadline for the completion of the required City and State inspections expires without the applicant obtaining the required State inspection. Thus, the applicant is subsequently notified by Staff that the SUP has become null and void. The applicant requests a hearing before the City Council to consider the revocation.
• February 7, 2012 - Prior to the publically noticed City Council hearing, the applicant completes all necessary State inspections and the SUP is reinstated by Staff.
• September 23, 2013 - The applicant submits a request to amend the SUP (Case No. ZON2010-00366) to allow continued use of the two temporary modular buildings for an
1-3
Memorandum: Amendment of Special Use Permit (Case No. ZON2010-00366) 27501 Western Avenue - Green Hills Memorial Park November 19, 2013
additional 30 months beyond the existing City Council imposed 30-month deadline, extending the approval to December 7, 2016 (see attached letter).
On October 30, 2013, Staff mailed notices of the public hearing to all properties within 500 feet of Green Hills Memorial park, an interested parties list, the Peninsula Verdes HOA and the Rolling Hills Riviera HOA. The notice was also published in the Palos Verdes Peninsula News on October 31, 2013. No public comments have been received by Staff.
DISCUSSION
City Council's Previous Action
During the May 17, 2011 City Council Meeting, when the appeal of the Planning Commission's denial of the Special Use Permit was heard, the City Council agreed with Staff and the Planning Commission that the applicant's request to use the two temporary modular buildings for an additional nine years was unreasonable for temporary structures. However, due to the state of the economy, the City Council approved the Special Use Permit request for an additional thirty months to give the applicant time to draft and submit plans for permanent structures. Section 3 of Resolution No. 2011-33 adopted by the City Council in May 2011 (attached) states that the additional 30 months allowed through approval of the Special Use Permit was "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." Section 3 goes on to say that "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."
A condition of approval (Condition No. 6 of the attached Resolution) was added to enforce this 30 month deadline for submittal of "all necessary applications, plans and associated information, which shall be completed to the satisfaction of the Community Development Director." At the direction of the then City Council, Condition No. 6 also states that "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 buildings will be granted and this approval shall be deemed null and void."
Applicant's Current Request
Since the City Council in 2011 did not allow an opportunity for additional extensions of the 30-month time period, the applicant is requesting that City Council Condition Nos. 4, 6 and 7 be amended to change the approval period noted for the two temporary modular buildings from the original 30 month period to 60 months. This would provide Green Hills with 30 months of additional time to submit the applications required by the City Council in 2011 for permanent structures. Additionally, the applicant is also requesting that Condition No. 6 be amended to remove the language prohibiting requests for additional time or requests for continued use.
Per Municipal Code Section 17.78.040 (Amendments to approved applications), the proposed amendment "shall be considered by the same body which took the final action in granting the
1-4
Memorandum: Amendment of Special Use Permit (Case No. ZON2010-00366) 27501 Western Avenue - Green Hills Memorial Park November 19, 2013
original application, utilizing the same hearing and noticing procedures, review criteria and appeal procedures as required by title." Therefore, the applicant's amendment request is before the City Council.
Staff's Response to the Applicant's Request
As noted in the background section of this report, the existing Special Use Permit was originally denied by both the Director and the Planning Commission, as they were not able to make two of the four necessary findings for approval of a Special Use Permit. More specifically, Staff and the Planning Commission were unable to make the finding that allowing the two temporary modular buildings "would not result in a significant adverse effect on adjacent property" because Staff and the Planning Commission agreed that there would be a significant effect in that the two temporary modular buildings are visible from the residential neighborhood to the south and have not gone through the appropriate compatibility review process for permanent structures. Furthermo"re, Staff and the Planning Commission were unable to make the finding that "the proposed special use would not be detrimental to the public health, safety and welfare" because the two temporary modular buildings have far exceeded their original purpose and continued long-term use of the modular buildings, which are designed for temporary use, is detrimental to the public welfare. Additionally, Staff and the Planning Commission agreed that the applicant has been afforded ample time in which to submit the necessary CUP revision applications that would allow the construction of permanent buildings to replace these two temporary modular buildings. Staff's position with regards to these findings has not changed since 2009.
In addition to being unable to make all the findings to amend the Special Use Permit, Staff is concerned with the precedence being set by allowing temporary structures on a permanent basis. City Staff, the Planning Commission and the City Council on separate occasions have all been sympathetic to the applicant's request for additional time to address the modular buildings. While the applicant continues to assert that times are financially too restrictive to replace the two temporary modular buildings with an appropriate permanent structure, Staff finds this argument difficult to substantiate when the applicant continues to move forward with other development projects. For example, during the last 8 years that these temporary modular buildings have been in place, the applicant has constructed 2 new mausoleums and relocated St. Peter's Church to the property. The applicant is also close to being issued a building permit to construct a new 16,601 square foot mausoleum involving 37,567 cubic yards of total grading. Despite these major improvements during these 8 years, there have been no plans thereto for the replacement of the two small temporary structures that cumulatively total 1,632 square feet.
The applicant's argument that Green Hills does not have the financial means to construct permanent structures to replace the temporary modular buildings (as stated in their attached letter) cannot be nor should be verified by Staff in the processing of their request, as Staff does not evaluate the financial means of an applicant in a case such as this. Nevertheless, regardless of the applicant's financial position, in Staff's opinion, the continued use of temporary structures for an extended period of time violates the purpose of the Municipal Code's provisions that allows temporary structures with a Special Use Permit. Namely, the purpose of the Special Use Permit section states "This chapter provides for temporary special uses and developments which may, unless special consideration is given and conditions applied, result in an adverse effect on surrounding properties. Such special consideration and the application of conditions as provided in this chapter is deemed necessary for the protection of property values and the public welfare." Staff believes there may be other options available to the applicant other than circumventing the purpose of the Code, such as leasing office space in the near
1-5
Memorandum: Amendment of Special Use Permit (Case No. ZON2010-00366) 27501 Western Avenue - Green Hills Memorial Park November 19, 2013
proximity of the Green Hills site.
ADDITIONAL INFORMATION
Other uses of Modular Buildings in the City
Historically, the City has permitted the use of modular buildings through a Special Use Permit for temporary time periods in association with construction of permanent structures. Typically, modular buildings have been approved through the Special Use Permit process because an applicant needed such structures for only a temporary time period while awaiting the construction of permanent facilities. Examples where this has occurred include but are not limited to Trump National, the Terranea Resort and Spa, and the current Palos Verdes Senior's offices at Upper Point Vicente. The Palos Verdes Senior's Special Use Permit was originally approved by the City to allow use of two temporary structures at the City Hall property from July 2006 through December 31, 2008, while applications for a permanent facility for the Peninsula Seniors as part of the proposed Crestridge Senior Housing project were being processed. Several extensions to the Special Use Permit have been approved since that time because provision of a permanent senior center as part of the Crestridge Senior Housing project fell through. Since then, the Peninsula Seniors have found a new space in Rolling Hills Estates to relocate. As such, in late 2012, the Peninsula Seniors were notified by the City that no additional SUP extensions would be granted beyond 2012. However, because of delays with the relocation to RHE, the Peninsula Seniors have been allowed to stay on a month-to-month basis until they relocate later this year.
Conversion of Modular Buildings to Permanent Buildings
While there are no specific Development Code regulations for the use of modular buildings as permanent office space on private property, there is also no prohibition on an applicant from requesting that a modular building be approved as permanent office space through a Conditional Use Permit application. If such an application is approved, conditions of approval would be imposed that would require the modular buildings to be modified to meet the Conditional Use Permit findings of approval as well as the Building Code. In other words, modular buildings would likely have to be substantially modified to function as a permanent office building. As such, there is a difference between allowing modular structures for their intended temporary use and attempting to use modular buildings as permanent structures.
CONCLUSION
As discussed above, Staff does not recommend amending the Special Use Permit for continued use beyond the current December 7, 2013 deadline. Staff believes that there has been a pattern established in which the applicant has circumvented the City's requirements by using two temporary modular buildings as permanent structures. If the City Council denies the amendment request, Staff intends to bring back an appropriate a resolution to be adopted by the City Council at the next scheduled meeting.
ALTERNATIVES
In addition to Staff's recommendation, below are alternatives for the City Council to consider:
1.) Amend the Special Use Permit (Planning Case No. ZON2010-00366), to allow
1-6
Memorandum: Amendment of Special Use Permit (Case No. ZON2010-00366) 27501 Western Avenue - Green Hills Memorial Park November 19, 2013
continued use of the two temporary modular buildings for an additional 30 months, with a new expiration date of June 7, 2016, provided that additional City inspections are conducted to verify the integrity of the structures, and direct Staff to prepare a Resolution to be brought back at the next meeting [APPLICANT'S REQUEST]; or
2.) Amend the Special Use Permit (Planning Case No. ZON2010-00366), to allow continued use for a City Council specified period of time, provided that additional City inspections are conducted to verify the integrity of the structures, and direct Staff to prepare a Resolution to be brought back at the next meeting.
FISCAL IMPACT
There are no fiscal impacts.
Attachments:
• Minutes from the May 17, 2011 City Council Meeting • E-mail from Ray Frew - dated October 10, 2013 • Request Letter from Ray Frew - dated September 23, 2013 • Resolution No. 2011-33
1-7
rd the Design Contract for the Lower San Ramon Canyon Storm Drain Proje
ragoo presented a staff report regarding the item.
Council and staff c!iscussion
Appeal of Denial of Planning Case No. ZON2010-00366 (Special Use Permit): Request to Overturn the Planning Commission's Denial to Allow Two (2) Temporary Modular Buildings to Continue to be Used at Green Hills Memorial Park for an Additional Nine (9) Years, Until the Year 2020
City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report, late correspondence distributed prior to the meeting, and there was one request to speak regarding this item.
Mayor Pro Tern Misetich declared the public hearing open.
Assistant Planner Harwell provided a staff report regarding the item.
Council and staff discussion ensued.
John Resich, applicant/appellant, Chairman of the Board, Green Hills Memorial Park, provided a brief history and PowerPoint presentation regarding Green Hills Memorial Park and the use of the modular buildings at the site initially for the housing of employees and subsequently for other uses with members of the public.
City Council Minutes May 17, 2011 Page 9of13
1-8
Discussion ensued between Council, staff, and the appellant.
Councilman Wolowicz moved, seconded by Councilman Campbell, to: 1) Direct staff to have the modular buildings inspected within six months by the appropriate State agency and/or City building staff; 2) Direct the applicant to submit a complete Conditional Use Permit (CUP) application within a 30-month period, and grant an extension of the current Special Use Permit for the buildings for that 30-month period; 3) At the end of the 30-month period, if the CUP application has not been submitted by the property owner and deemed complete by the qity, no additional extensions will be granted; and, 4) Direct staff to return to the next Council meeting with a resolution to commemorate Council's action regarding this item.
Mayor Pro Tern Misetich declared the public hearing closed.
The motion carried on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tern Misetich NOES: None ABSTAIN: None
L.!BSENT: Long
RECESS AND RECONVENE:
or Pro Tern Misetich called a recess from 8:53 P.M. to 9:01 P.M.
City Cle orreale reported that during the break she was approached r. Harold Craig who s d that he was in the audience waiting for Item 5 (Cl · gainst the City by Harold Craig the Consent Calendar to be considered. S xplained that he was not aware of Counci ouncil would be willing to reconsider the item.
Councilman Stern moved, seconde Against the City by Harold Craig.
Without objection, Mayor Pro Tern
Claim Against the City by
Harold Craig, Ranch alos Verdes, stated that while he was ou his cars were tow y the City due to street paving in front of his h . He noted that upon his retur e found that his cars had been towed to an impound I · Torrance and one of e cars sustained damage while being towed and he was see!< compe tion for the expenses.
Hi Abigail. Thank you for your note. I hope you received my message left in your voicemail.
I am awaiting further expert political advice on the wording of my request. Essentially, I am requesting that the Council remove the 30-month deadline pertaining to the modular units as a condition to our CUP and that new language be added stating that continued use of the modulars is granted for up to a 60 month period. Green Hills would be agreeable to have the extended period subject to City review of the modular units in regard to safety and habitability, etc., every 24 months. After 60 months, further use would require a request for an additional extension.
Please give me a call or send a note if you need additional information from me or if you have thoughts you wish to share with me about this.
Thanks again. Ray
Sent from my iPhone
> On Oct 8, 2013, at 4: 19 PM, "Abigail Harwell" <[email protected]> wrote: > >Hi Ray> > Hope all is well with you. In reviewing your request letter for the City Council, I was hoping I could get a little clarification. Your letter requests that the City Council remove or amend the conditions of approval related to the 30-month (December 7th) deadline, and I hoping to get a better idea of what you had in mind related to this deadline. This clarification would be helpful for both the notice being sent out and the Staff Report I would prepare and present to the City Council, so everyone is clear as to what you are requesting be revised for the Special Use Permit. > > Hopefully this makes sense. Please feel free to contact me with any questions at (310) 544-5228 or [email protected]. > > - Abigail Harwell > > Assistant Planner > > City of Rancho Palos Verdes > > www.palosverdes.com/rpv > > > > ~~~~~~~~~~~~~~~~~-
> From: Ray Frew [[email protected]] > Sent: Monday, September 30, 2013 12:21 PM >To: Abigail Harwell
1
1-10
...- 20 cc:::::::: -~EEN ~Ls·-~~MEMoRrAL PARK
September 23, 2013
Mr. Joel Rojas, Director
Rancho Palos Verdes Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RE: Green Hills Memorial Park/Amendment to Resolution 2011-33
Dear Mr. Rojas:
Please be advised that Green Hills Memorial Park wishes to request that the City Council of the City of
Rancho Palos Verdes amend the condition in the above-named Resolution. Our request is forthe City
Council to remove or amend the condition that establishes the December 7, 2013 deadline for an
amendment to our CUP in relation to the replacement and removal of modular buildings utilized on our
facility.
Our request is based on circumstances that were not foreseeable at the time this condition was imposed
and accepted in May of 2011. Since that date, Green Hills Memorial Park incurred significant expenses
in the move and rehabilitation of the historic St. Peter's Church and, just recently, completed the
construction of a new mausoleum at a cost in excess of $2.4 Million dollars. Another mausoleum
project is in the permit process with the City of Rancho Palos Verdes with construction expected to start
before November 2013. The expected cost of this mausoleum is approximately $4.2 Million. The dates
for initiation of both mausoleum projects were mandated by State law based on our pre-development
sales contracts. At the time sales for these projects were begun, as early as 2007, none of us in
management at Green Hills Memorial Park could have foreseen the recession that hit the US in 2008.
Likewise, neither we nor the City Council could have predicted the slow recovery in the US economy. In
such times, the purchase of cemetery property on a pre-need basis is not high on the average
consumer's list of necessary expenditures. Accordingly, sales at Green Hills Memorial Park have been hit
hard over the last four or more years. If we are required to vacate the modular units that currently
house 15-20 employees and build a new office facility would be financially detrimental to our
Organization.
We, respectfully, ask that the City Council take the above into consideration and grant our request for
an amendment to the condition in Resolution 2011-33.
Sincere~/.~ p. Ray Frew
President/CEO
27501 SOUTH WESTERN AVENUE* RANCHO PALOS VERDES* CALIFORNIA *90275 * (310) 831-0311 1-11
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 1of4
1-12
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 Page 2 of 4
1-13
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
1-14
PASSED, APPROVED, AND ADOPTED this 7th day of June 2011.
ATTEST:
/s/ Carla Morreale City Clerk
State of California County of Los Angeles City of Rancho Palos Verdes
) )ss )
/s/ Thomas D. Long Mayor
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
1-15
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
1-16
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 ~emove 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.
