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01_20141111_PC_SR_Operational_Review_Green_HillsCITY OF RANCHO PALOS VERDES MEMORANDUM TO: CHAIRMAN & MEMBERS OF THE PLANNING COMMISSION FROM: JOEL ROJAS, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 11, 2014 SUBJECT: OPERATIONAL REVIEW OF GREEN HILLS MEMORIAL PARK CEMETERY MASTER PLAN (CASE NO. ZON2003- 00086); Location: 27501 Western Avenue Project Manager: Eduardo Schonborn, AICP, Senior Planner REVIEWED BY: CAROLYNN PETRO, ACTING CITY MANAGER AND CAROL LYNCH, CITY ATTORNEY. RECOMMENDATION Adopt P.C. Resolution No. 2014-_, that: 1) Imposes a moratorium on ground burials/interments and sales of burial plots on the rooftop of the Memorial Terrace Mausoleum building located in Area 11 of the Master Plan, and imposes a moratorium on above -ground burials and other above- ground structures within the 5 -foot setback area along the western property line in the area south of the Pacifica Mausoleum building, which shall remain in effect until final action is taken by the City to approve a Variance application for the Memorial Terrace Mausoleum building and on the issues of said interments and structures in the required setback along the western property line; 2) Directs Green Hills Cemetery to submit a Variance application within 30 -days to seek approval to: a) allow the existing Memorial Terrace Mausoleum building to remain encroaching 32 -feet into the required 40 -foot property line setback; b) allow, within the 16 -foot setback in the northwest corner of the cemetery site between the west property line and the maintenance yard, only the 13 existing below -ground interments and 6 companion spaces identified in Exhibit B of the Resolution; and c) allow existing structures and above -ground burials within the 5 - foot setback area along the western property line in the area south of the Pacifica Mausoleum building, 3) Imposes a number of conditions on the cemetery to avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the Memorial Terrace Mausoleum building in Area 11 of the Green Hills Master Plan, assuming that the November 11, 2014 Page 1 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan November 11, 2014 Page 2 moratorium on said burials is rescinded; and, 4) Allows Green Hills to proceed with submittal of construction plans into Building and Safety plan check for the administration building addition that was approved by the Planning Commission on July 22, 2014. BACKGROUND On August 12, 2014, the Planning Commission reviewed and considered Staffs recommendation contained in the August 12, 2014 Staff Report that the Planning Commission impose specific mitigation measures to address the observed visual, privacy and noise impacts associated with the rooftop burials and to amend the Green Hills Master Plan to prevent further expansion of the Memorial Terrace Mausoleum. In addition, the Commission considered Staff's oral recommendation made at the meeting that the submittal of a Variance application was necessary to allow the mausoleum to encroach into the Code -required, 40 -foot setback. After hearing public testimony and discussing the cemetery operations, the Planning Commission directed Green Hills Cemetery to submit an after -the -fact Variance application to seek approval to allow the existing Memorial Terrace Mausoleum building to remain encroaching 32 -feet into the required 40 -foot property line setback and directed Staff to review Green Hills' existing Master Plan, including the conditional use permit and variance, to make sure that Green Hills is in compliance with all of their conditions of approval. This motion was approved on a 7-0 vote. The Planning Commission also agreed to close the public hearing and directed Staff to bring back a Resolution on the consent calendar at the next Planning Commission meeting to impose a number of operational conditions on the cemetery to avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the mausoleum. This motion was supported by a 6-1 vote, with Commissioner Gerstner dissenting. The Resolution implementing this directive was presented to the Planning Commission on August 26, 2014. Although the Resolution was placed on the Consent Calendar, it was removed from the Consent Calendar. Since the public hearing was closed, the discussion on August 26th was limited to the language in the draft Resolution and whether it accurately reflected the motion that passed on August 12th. During the August 26th meeting, there were many questions from Commissioners regarding additional potential violations of the Master Plan. Since the public hearing was previously closed, the Planning Commission agreed to continue the item to October 28, 2014, and directed staff to re -notice the public hearing to allow for continued discussion of all aspects of the operational review of the Master Plan. November 11, 2014 Page 2 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan November 11, 2014 Paae 3 DISCUSSION On October 28, 2014, the Planning Commission opened the public hearing and considered additional public testimony, and also considered a CUP compliance report prepared by a third party reviewer (Lilley Planning Group). The compliance report confirmed previously identified CUP violations (i.e., the encroachment of the Memorial Terrace Mausoleum within the required setback, and the below grade interments in the northwest corner of the cemetery and on the roof of the Mausoleum within the required sixteen foot setback), and revealed additional CUP violations consisting of large structures, including structures that contain urns and trellises in connection with family plots, that have been placed within the five foot structural setback area along the west property line where the Master Plan only allows below -ground interments, low garden walls (i.e., walls less than 36 -inches in height, which is further defined as such in revised Condition 1 i) and tombstones no taller than 6 -feet in height. As a result of the additional information revealed from the third party compliance report and deliberation by the Planning Commission, the Planning Commission directed Staff to return on November 11, 2014 with a Resolution that memorializes the following actions: 1) Impose a moratorium on ground burials/interments and sales of burial plots on the rooftop of the Memorial Terrace Mausoleum building located in Area 11 of the Master Plan, and impose a moratorium on above -ground burials and placement of other large structures within the 5 -foot setback area along the western property line in the area south of the Pacifica Mausoleum building, which shall remain in effect until final City Council action is taken on the issue of said interments and structures in the required setbacks,- 2) etbacks; 2) Direct Green Hills to submit a Variance application within 30 -days to seek approval to: a) allow the existing Memorial Terrace Mausoleum building to remain encroaching 32 -feet into the required 40 -foot property line setback; b) allow the existing 13 below -ground burials and 6 additional burials in companion spaces that are located within the 16 -foot setback in the northwest corner of the cemetery site between the west property line and the maintenance yard; and, c) allow existing structures and above -ground burials within the 5 -foot setback area along the western property line in the area south of the Pacifica Mausoleum building; 3) Impose a number of conditions on the cemetery to avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the Memorial Terrace Mausoleum building in Area 11 of the Green Hills Master Plan (Condition 1.3), if the moratorium on rooftop burials is lifted by the City Council; and, November 11, 2014 Page 3 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan November 11, 2014 Page 4 4) Allow Green Hills to proceed with submittal of construction plans into Building and Safety plan check for the administration building addition that was approved by the Planning Commission on July 22, 2014. The Planning Commission continued the public hearing to November 11, 2014 to allow continued discussion of the proposed actions. Based upon the Planning Commission's discussion, Staff has prepared the attached Resolution for consideration by the Planning Commission. As such, Staff recommends that the Planning Commission adopt the attached P.C. Resolution No. 2014-_, which memorializes the Planning Commission's decision of October 28, 2014. ADDITIONAL INFORMATION Conditions of Aooroval: Green Hills has submitted maps showing the location of proposed interments in the northwest corner and along a portion of the western property line where interments have occurred in violation of the conditions of approval. (See the two attached maps that were submitted by Green Hills documenting the location of plots and the placement of the above -ground structures.) In addition, City resident Diane Smith obtained copies of maps that are on file with the County, and those maps also are attached to the report. New Condition No. 52 has been added to require Green Hills to submit all of the maps depicting the locations of all proposed interments within the Park within thirty days of the date of approval of the resolution. In addition, although the Resolution has language requiring submittal of the required Variance application within 30 -days of adoption, Staff has also included that requirement as new CUP conditions of approval (Nos. 53 through 55 and revised Condition No. 7). Staff also is proposing new and revised conditions that require construction of silhouettes for any new mausoleum building and that review and approval of the mausoleum buildings will be conducted by the Planning Commission at a duly noticed public hearing (See new Condition 1 j and revised Condition AQ -1). Finally, Staff proposes that Condition 38 be revised to delete the reference to the "average finished grade at the front of the building to the highest point of the building" and revise it to include the language that currently is used for measuring the height of buildings from adjacent grade so that condition now will read: "With the exception of the mausoleum building on Inspiration Slope, which is established by Condition 37, and the Pacific Terrace Mausoleum in Area 11, which shall be established by Planning Commission approval of a revision to the conditional use permit, all mausoleum buildings shall not exceed 20 -feet in height as measured from the highest finished grade elevation covered by structure to the highest point of the structure, and shall not exceed an overall height of November 11, 2014 Page 4 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan November 11, 2014 Paae 5 30 -feet as measured from the lowest finished grade adjacent to the building to the highest point of the structure." The conditions of approval regarding the height of the Memorial Terrace Mausoleum in Area 11 will require further amendment when Green Hills applies for the variance and conditional use permit revision for that building, since the height of the building does not appear to comply with one of the requirements in former Condition 38 regarding the twenty foot maximum height as measured from the average finished grade at the front of the building. Security Cameras: After the October 28, 2014 Planning Commission meeting, Staff received an email and photos regarding the security cameras used on the Green Hills site, expressing concerns that the cameras appear to be positioned in the direction of the condominium complex. This was a point of discussion by the Planning Commission during the October 28th meeting; however, no final action was taken with regards to regulating the security cameras. Further, according to Green Hills, the security cameras are not directed at the condominium complex, but are used to monitor key areas throughout the cemetery site for suspicious activities that may occur during the day or after hours when the cemetery is closed. Nonetheless, Staff has reached out to Green Hills personnel to obtain panoramic footage of what the security cameras capture. Staff has not yet received any information about this issue from Green Hills. Staff will report on this matter at the meeting. Notwithstanding, Staff has drafted a new condition of approval (No. 56 in Exhibit A of the attached Resolution) that requires any security camera on the cemetery site to not be oriented towards the condominium complex, or that appropriate shielding be installed that screens the condominium complex and its common areas from being recorded. Grading and Retaining WaNlAccess Ramp: After the October 28, 2014 Planning Commission meeting, Staff received an email regarding the access ramp and grading associated with the Memorial Terrace Mausoleum building, indicating that Area 11 was illustrated to have a net cut according to the Green Hills 2007 Master Plan update. Staff approved a grading permit in 2008 and 2009 that allowed the below ground interments outside of the 16 -foot setback area for the northwest corner and the construction of the retaining wall for the access ramp to the top of the Memorial Terrace Mausoleum. Subsequently, Staff also approved a grading permit in 2011 that allowed the construction of the Memorial Terrace Mausoleum building. These approvals cumulatively included approximately 3,500 cubic yards of cut and approximately 800 cubic yards of fill, resulting in approximately 2,700 cubic yards of net cut, which is consistent with the CUP conditions of approval and Master Plan. November 11, 2014 Page 5 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan November 11, 2014 Page 6 There was also a question from the public regarding the height of the retaining wall/access ramp being upwards of 13 -feet tall. The 2008 grading permit also approved a 12 -foot retaining wall to support the access ramp. The access ramp was ultimately constructed in 2010. According to the approved plans, although fill was used to re -contour the area (i.e., the transitional slope between the internal street in front of the Memorial Terrace Mausoleum building and the ramp), the net cut in this area far exceeded the net fill, which resulted in the project still being consistent with the approved Master Plan. New Information Regarding the Interments in the Northwest area: As discussed above, in May 2008, Green Hills submitted a Grading Permit application to the Planning Department for the preparation of the northwest area for ground interments. The plan approved by the Planning Department included a notation by Staff on the plan stating that below -ground interments shall maintain a 16 -foot setback from the north property line, consistent with the CUP conditions of approval. Further, the Grading Permit approval also included a condition that memorialized this 16 -foot setback requirement. Although these plans illustrated the access ramp, the Planning Department approval did not specify that the access ramp was part of that approval. Nonetheless, after Planning Department approval, Green Hills submitted grading plans to the Building and Safety Department for "plan check" (the precursor to obtaining a permit to conduct construction and/or grading activities) in 2009 that included both the ramp and the interments in the northwest corner. Prior to Building Department permit issuance, the plans were returned to the Planning Department so that its approval could be revised to acknowledge the location and approval of the access ramp. These plans were stamped to acknowledge the access ramp, and all conditions of approval remained the same, including the condition that requires the 16 -foot setback for below -ground interments. In comparing the plans that were submitted to the Planning Department in 2008 with the plans that were submitted to the Building Department in 2009, it is interesting to note that the plans submitted to the Building Department in 2009 depicted ground interments within the 16 -foot required setback area, which was not consistent with the conditions of approval or the plans that were approved in 2008 by the Planning Department. Unfortunately, when the plans were later returned to the Planning Department in 2009 for acknowledgement of the access ramp, Staff did not realize that the new row of burial plots within the 16 -foot setback had been included on that plan, and the building and grading permits were issued. Nonetheless, the 16 -foot setback requirement still was a condition of the project, and the Grading Permit issued by the Planning Department in 2009 expressly contained this condition, even though the additional row of plots within the sixteen foot setback had been added to the grading plan by Green Hills. As the Commission knows, the 16 -foot setback requirement for below -ground interments along the north property line between the west property line and the maintenance yard has been a requirement of the project approval since the City Council approved the November 11, 2014 Page 6 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan November 11, 2014 Paae 7 master plan in 1991. Interestingly, on December 31, 1990, after the public hearing had been closed, Mr. Resich requested certain proposed conditions of approval be changed, including a reduction of the 16 -foot setback in the northwest corner to an 8 -foot setback. The public hearing subsequently was reopened to address his request, and the City Council rejected that revision request in 1991. Despite that the condition of approval requiring the 16 -foot setback in this area has been in place since 1991, as discussed above, in 2009, Green Hills submitted a grading plan that added a new row of burial plots in the required setback and proceeded to sell plots and inter people within the 16 -foot setback area. In addition, the compliance review has disclosed that Green Hills has allowed large trellis structures and walls that are designed to contain human remains within the five foot setback on the west property line in violation of that setback requirement. These actions by Green Hills demonstrate a pattern of disregard for the conditions of approval that govern the development of the cemetery, which have been in place for many years. In light of this pattern, in combination with the experience with the adverse impacts caused by the construction of the Mausoleum in Area 11 and the rooftop burials associated with it, as discussed above, Staff recommends that silhouettes be required to be constructed for any mausoleum that has not yet been constructed and that any new mausoleum must be reviewed and approved by the Planning Commission before any grading or building permits can be issued for these structures. (See new Condition 1 j and revised Condition AQ -1). In addition, Condition 1 f has been amended to prevent any additional mausoleums or additions to and existing mausoleum from being constructed in Area 11. This condition memorializes Green Hills' prior statement to the Commission that Green Hills would not construct a new mausoleum or an addition to a mausoleum within Area 11 of the Park. Finally, new paragraph o was added to Condition 1 to eliminate the last row of plots that is adjacent to the north property line on the roof of the Memorial Terrace Mausoleum so that no below -ground interments will occur within the sixteen foot setback from the northern property line adjacent to the Vista Verde Condominiums, to comply with the sixteen foot setback requirement for below -ground interments that is set forth in Condition 6. November 11, 2014 Page 7 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan November 11, 2014 Page 8 Additional revisions to the conditions of approval that the Commission may wish to impose: It should be pointed out that in addition to Conditions AQ -14 and N-3 regarding the Commission's authority to amend conditions during the annual review, Condition 50 of the conditions of approval provides as follows: "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." This information is being presented to the Commission so the Commission will be aware of this condition in connection with additional options that it may wish to pursue, which could include additional revisions to the Green Hills Master Plan and the revocation of certain components of the Master Plan. For example, rather than imposing a moratorium on burials on the top of the Memorial Terrace Mausoleum, the Commission could decide instead to adopt a condition of approval precluding any additional interments on the roof of that Mausoleum, which will resolve that issue definitively, unless overturned on appeal. The Commission also could direct Staff to file a report with the State documenting Green Hills' failure to comply with all of the existing conditions of the Master Plan. CONCLUSION Based upon the Planning Commission's discussion and direction on October 28, 2014, Staff has prepared the attached Resolution for consideration by the Planning Commission. If the Commission wishes to give additional direction to Staff, including revisions to the conditions of approval, the public hearing still is open, and the Commission may do so, if it so chooses. Attarhmpntc • P.C. Resolution No. 2014-_, memorializing the Planning Commission's October 28, 2014 decision • Maps showing the location of plots and structures within the required setbacks • Correspondence received since the October 28, 2014 Planning Commission meeting November 11, 2014 Page 8 ex * 6 November 11, 2014 Page 9 w ULLJ Lu z 4=, z z ❑ w J .*., V o-0 � � N � z �C November 11, 2014 Page 9 44 November 11, 2014 Page 10 a a O p d yy�� 1�fjJ < 6 t Q Q 4 G O Q a p p O A a p O U N U U u � m m 6 4 d:. a 4 a O a [! Q O o N e U — V U U L, U a a d O a a syr V U U U U U w L In 6 U in U �m T! L,1 of V m b (p m O LI R A II tqQ- 4 4 4 4 Q {. a d n A a II m ea a m Q a m in: a Ls er a .0. a tt 41 u. pf. u N AL1 u _ � bi .� m •aT • m !7.' .E9 ' N 'm' •Yr. +A. 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