PC RES 2017-011 P.C. RESOLUTION NO. 2017-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING
THE DIRECTOR'S DECISION APPROVING A SITE PLAN REVIEW
(CASE NO. ZON2016-00332) ALLOWING THE CONSTRUCTION OF A
COMBINATION WALL UP TO 14.9' IN HEIGHT TO ACCOMMODATE
ADDITIONAL NICHE AND EARTH INTERMENTS IN THE EASTERN
EDGE OF VISTA DEL PONTE; A WATER FEATURE, ADDITIONAL
EARTH INTERMENTS SUPPORTED BY A 14.9' TALL COMBINATION
WALL AND A STAIRWAY THAT WILL PROVIDE ACCESS TO THE
UPPER EXISTING BURIAL AREA OF VISTA DEL PONTE AND
INSPIRATION SLOPE; AND 793YD3 OF GRADING TO SUPPORT THE
PROPOSED IMPROVEMENTS AT 27501 WESTERN AVENUE (GREEN
HILLS MEMORIAL PARK).
WHEREAS, on April 24, 2007, the Planning Commission adopted P.C. Resolution No.
2007-32, certifying a Mitigated Negative Declaration and adopted P.C. Resolution No. 2007-33,
approving amendments to the Green Hills Master Plan, which called for development of the
Green Hills Memorial Park ("Green Hills") over the next 30 to 50 years, and allows grading and
mausoleum buildings to be constructed at various specified locations throughout Green Hills
cemetery; and,
WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-102,
which, among other things, revised certain conditions of approval, and amending the Green Hills
Cemetery Master Plan; and,
WHEREAS, on July 26, 2016, Green Hills (the applicant), pursuant to Council-adopted
Resolution No. 2015-102 Condition No. 1 k, submitted a Site Plan Review application requesting
approvals to construct a 14.9' tall combination wall with 793yd3 of grading to accommodate,
among other things, an additional burial area and columbarium niches in the eastern edge of
Vista Del Ponte and stairway access to the upper existing burial area of Vista Del Ponte and
Inspiration Slope; and,
WHEREAS, on August 8, 2016, the Site Plan Review application was deemed complete,
a public notice announcing the proposed Site Plan Review application for the proposed
improvements was mailed to property owners within a 500' radius, and the public notice was
published in the Peninsula News; and,
WHEREAS, on October 7, 2016, the Community Development Director found that the
proposed improvements and grading substantially complied with the Master Plan and approved,
with conditions, a request for a Site Plan Review application to allow the construction of a
combination wall up to 14.9' in height to accommodate an additional burial area and
columbarium niches in the eastern edge of Vista Del Ponte; a water feature; a stairway that will
provide access to the upper existing burial area of Vista Del Ponte and Inspiration Slope; and
793yd3 of grading to support the proposed improvements at Green Hills Cemetery (Z0N2016-
00332);
and,
WHEREAS, on October 7, 2016, a written notice of the Director's decision was provided
to owners of property within a 500' radius of the subject site, to persons requesting notice, to all
P.C. Resolution No. 2017-11
Page 1
affected homeowners associations, and to the property owner in accordance with Rancho Palos
Verdes Code Section 17.80.090; and,
WHEREAS, on October 7, 2016, Noel Weiss, on behalf of Sharon Loveys, filed a timely
appeal requesting that the Planning Commission overturn the Director's decision (Z0N2016-
00332)
approving a Site Plan Review; and,
WHEREAS, the appeal listed three issues with the Director's decision: (1) there is no
provision in the Master Plan to use this portion of the Cemetery as a columbarium and
therefore, Green Hills should be required to apply for a Conditional Use Permit to vary from the
scope of the Master Plan; (2) the top of the retaining wall is to be used to inter human remains
and is in violation of the Master Plan and Green Hills is requesting to inter more human remains
than what's called for under its Master Plan and therefore, Green Hills should be required to
supplement or amend its Master Plan; and (3) the Public Notice is inaccurate as it does not
clearly specify what Green Hills intends to do on Inspiration Slope and therefore should be re-
circulated.
WHEREAS, on November 3, 2016, a public notice announcing the date and time of the
public hearing on the appeal was mailed to owners of property within a 500' radius of the
subject site, to persons requesting notice, to all affected homeowners associations, and to the
property owner in accordance with Rancho Palos Verdes Code Section 17.80.090, and
published in the Palos Verdes Peninsula News pursuant to the requirements of the Rancho
Palos Verdes Development Code; and,
WHEREAS, on November 29, 2016, after considering the proposed project and public
testimony, the Planning Commission requested that the applicant clarify the proposed project
location, provide the number of niches and interment plots, and obtain an updated aerial map of
the existing cemetery; and continued the public hearing to January 24, 2017; and,
WHEREAS, on January 24, 2017, the Planning Commission, at the applicant's request,
continued the public hearing on the appeal to February 28, 2017 to allow additional time to
compile the information requested by the Planning Commission; and,
WHEREAS, on January 31, 2017, the City Council conducted the 2016 Annual
Compliance Review and adopted Resolution No. 2017-03, thereby approving amendments to
the Conditions of Approval as part of the Annual Review for the Green Hills Master Plan
Conditional Use Permit; and,
WHEREAS, on February 28, 2017, the Planning Commission at the applicant's request,
continued the public hearing on the appeal to March 28, 2017 and the Commission indicated
that the public hearing on the appeal should occur if the appeal has not been withdrawn by the
appellant; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on March 28,
2017, at which time all interested parties were given an opportunity to be heard and present
evidence; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
P.C. Resolution No. 2017-11
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Statement), the proposed project has been found to be categorically exempt under Class 3
(Section 15303).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a combination wall up
to 14.9' in height to accommodate additional niche and earth interments in the eastern edge of
Vista Del Ponte; a water feature, additional earth interments supported by a 14.9' tall
combination wall, and a stairway that will provide access to the upper existing burial area of
Vista Del Ponte and Inspiration Slope; and 793yd3 of grading to support the proposed
improvements.
Section 2: The Commission finds that the Director's approval of the Site Plan
Review is warranted because pursuant to Condition of Approval No. 2.a(5) of Council-adopted
Resolution No. 2017-03, the Director may approve retaining walls that accommodate niche or
vault interments. Additionally, the Commission finds that the City's Site Plan Review process,
which assesses compliance with the required setbacks and heights of the Cemetery zoning
district (RPVDC §17.28), and as conditioned through the property's Conditions of Approval
(Resolution No. 2017-03), is appropriate for the Director to determine that the proposed project
complies with the Council-adopted Master Plan. More specifically, the Commission finds that
the required setbacks from the east (facing Western Avenue) and north property line (facing
residential properties along Peninsula Verde) are 25' and 80', respectively, for above ground
structures. The proposed project is over 400' from the east property line and over 330' from the
north property line and therefore, is in compliance with the minimum required setbacks.
Additionally, the maximum allowed heights for customary cemetery related features is 16'
(Conditional of Approval No. 2.a.(2)). The proposed height of the proposed water feature is
11.4' and therefore, is in compliance with the maximum allowed height, and is permitted to be
administratively approved by the Director through a Site Plan Review application. The
Commission, therefore, finds that the proposed improvements substantially comply with the
Council-adopted Master Plan.
Section 3: The Commission finds that the proposed grading of 793yd3 is warranted
for the proposed 14.9' tall combination walls that will accommodate, among other things, niche
and earth interments in the eastern edge of Vista Del Ponte, additional earth interments in the
southern end of Inspiration Slope and stairway access to the upper existing burial area of Vista
Del Ponte and Inspiration Slope because the grading does not exceed that which is necessary
for the permitted primary use of the lot. More specifically, the subject site is in the Cemetery
zoning district, which provides for the permanent interment of human remains (RPVDC
§17.28.010). Additionally, the following uses, among other things, may be permitted in the
Cemetery zoning district pursuant to a Conditional Use Permit: burial park for earth interments
and mausoleums for vault or crypt interments and/or columbarium for cinerary interments
(RPVDC §17.28.030). The purpose of the proposed grading is to accommodate additional earth
interment area (at street level — Long View Drive and upper Inspiration Slope area) and niches
for cremation urns (within the new retaining wall), as well as providing additional access (new
stairs) to the upper areas of Vista Del Ponte and Inspiration Slope. The Commission finds that
the proposed grading and/or related construction will not be readily visible from any of the
surrounding properties as the project area is a significant distance away from all property lines
(330' to 2,300'), lower than the elevations of abutting burial areas to the west, and will be
screened by existing buildings to the north, and the east. Lastly, the proposed grading quantity
of 793yd3 is well within the approved maximum grading quantity of 643,259yd3 of additional
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grading is allowed for all the various proposed mausoleums and ground burials throughout the
cemetery site conducted between 2005 and the life of the Master Plan. The Commission,
therefore, finds that the proposed grading substantially complies with the Master Plan.
Section 4: The Commission finds that the merits of the appeal are not warranted.
Each appeal reason is addressed in turn below.
Appeal Reason (1) There is no provision in the Master Plan to use this portion of the
Cemetery as a columbarium and therefore, Green Hills should be required to apply for a
Conditional Use Permit to vary from the scope of the Master Plan. The Commission finds that
the Council-adopted Master Plan Conditions of Approval allows the proposed project area to be
used for earth interments and allows retaining walls that accommodate niche or vault interments
(Resolution No. 2017-03, Condition No. 2.a.5), therefore, Green Hills should not be required to
apply for a revision to its Conditional Use Permit to vary from the scope of the Master Plan.
Furthermore, according to Resolution No. 2017-03, Condition No. 2.a(3), "...customary
cemetery-related features over 36"in height including but not limited to water features, garden
walls..."can be administratively approved by the Director. As a result, the appellant's reference
to a columbarium is considered a customary cemetery related feature and an allowed use and
improvement per the Master Plan and the Council-approved conditions of approval. The
Director-approved Site Plan Review application is consistent with the Council-approved Master
Plan in that the proposed grading area is identified as a "garden area" that is typically used for
earth interments in the Master Plan (Master Plan pages 12 and 13) and may allow for the
construction of retaining wall that may accommodate niche or vault interments (Condition of
Approval No. 2.a(6)).
Appeal Reason (2) The top of the retaining wall is to be used to inter human remains
and is in violation of the Master Plan and Green Hills is requesting to inter more human remains
than what's called for under its Master Plan and therefore, Green Hills should be required to
supplement or amend its Master Plan. The Commission finds that the top of the retaining wall
will not be used to inter human remains and is therefore not in violation of the Master Plan and
Green Hills is not requesting to inter more human remains than what is permitted for in the
Council-adopted Master Plan. The Commission finds that the Council-approved Master Plan
(page 6, paragraph 2, line 10) and Condition of Approval No. 1.g allow additional interment
areas (niches and vaults) to be created by retrofitting mausoleums and garden areas.
Additionally, the top of the retaining wall cannot be used to inter human remains as a guardrail
will be installed on top.
Appeal Reason (3) The Public Notice is inaccurate as it does not clearly specify what
Green Hills intends to do on Inspiration Slope and therefore should be re-circulated. The
Commission finds the Public Notice accurately and clearly describes the proposal requested by
Green Hills. Lastly, the Commission finds that the Director-approved project does not involve
any improvements on the Inspiration Slope Mausoleum and none are proposed at this time and
therefore, the public notice accurately described what was being proposed.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No 2017-11,
thereby denying the appeal and upholding the Director's approval of a Site Plan Review
(ZON2016-00332) to allow the construction of a combination wall up to 14.9' in height to
accommodate additional niche and earth interments in the eastern edge of Vista Del Ponte; a
water feature, additional earth interments supported by a combination wall up to 14.9' in height,
P.C. Resolution No. 2017-11
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and a stairway that will provide access to the upper existing burial area of Vista Del Ponte and
Inspiration Slope; and 793yd3 of grading to support the proposed improvements at 27901
Western Avenue, subject to the conditions set forth in the attached Exhibit 'A' (Z0N2016-
00332).
Section 6: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, April
12, 2017. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed
timely, the Planning Commission's decision will be final at 5:30 PM on Wednesday, April 12,
2017.
PASSED, APPROVED AND ADOPTED this 28th day of March 2017, by the following vote:
AYES: Cgmmissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman
Cruikshank, Chairman Tomblin
NOES:None
ABSTENTIONS: None
RECUSALS: "None
ABSENT: None
David Tomblin,
Chairman
Ara *w- - -
Community Development Director; and,
Secretary of the Planning Commission
P.C. Resolution No. 2017- n
Page 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
SITE PLAN REVIEW(ZON2OI6-00332)
27901 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the
property owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this Exhibit "A". Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
3. 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.
4. The Community Development Director is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will achieve
substantially the same results as would strict compliance with the approved plans and
conditions. Otherwise, any substantive change to the project shall require approval of a
revision by the final body that approved the original project, which may require new and
separate environmental review.
5. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, Vesting Tract 50667 conditions of
approval, including but not limited to height, setback and lot coverage standards.
6. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply.
8. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within 180-days of the final effective date of this approval, the
project shall expire and be of no further effect unless, prior to expiration, a written
request for extension is filed with the Community Development Department and
approved by the Director.
9. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
P.C. Resolution No. 2017-11
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date of this Exhibit "A".
10. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
11. The construction site and adjacent public and private properties and streets shall be kept
free of all loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be limited
to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
Project Specific Conditions:
14. This approval is for the following:
• Conduct 778yd3 of cut and 15yd3 over an existing slope located at the eastern edge
of Vista Del Ponte (South of Inspiration Slope);
• Construct a retaining wall in ranging in height from 1' at the southern end to 11.4' at
the northern end against the excavated slope area with a 3.5' tall guardrail on top
(Vista Del Ponte). The exposed surface of the retaining wall facing the street (Long
View Drive) will be designed to contain niches to hold cremation urns;
• Construct a 11.4' tall retaining wall with a 3.5' tall guardrail on top to accommodate
additional earth interments adjacent to existing upper interment areas of Inspiration
Slope.
• Construct a water feature that cascades down from the top of the new retaining wall
of Inspiration Slope to the adjacent street level at the north end of the project area;
• Construct a stairway against the most southerly façade of the Inspiration Slope
P.C. Resolution No. 2017-11
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Mausoleum that will provide access to the existing upper burial area at Vista Del
Ponte and Inspiration Slope.
15. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
16. All applicable soils/geotechnical reports, if required by the Building and Safety Division,
shall be approved by the City's geologist prior to Building Permit issuance.
17. Failure to comply with and adhere to all of these conditions of approval and the
conditions set forth in City Council Resolution No. 2015-102 may be cause to revoke the
approval of the project pursuant to the revocation procedures contained in Section
17.86.060 of the City's Municipal Code or administrative citations as described in
Section 1.16 of the City's Municipal Code.
P.C. Resolution No. 2017-11
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