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02_20141028_PC_SR_Green HillsR CITY OF RANCHO PALOS VERDES MEMORANDUM TO: CHAIRMAN & MEMBERS OF THE P ANNING COMMISSION FROM: JOEL ROJAS, COMMUNITY OPMENT DIRECTOR DATE: OCTOBER 28, 2014 SUBJECT: OPERATIONAL REVIEW OF GREEN HILLS MEMORIAL PARK CEMETERY MASTER PLAN (CASE NO, ZON2003- 00086); Location: 27501 Westerne Project Manager: Eduardo Schonbom, AICD, Senior PI RECOMMENDATION 1) Review the results of the Master Plan compliance review; 2) Continue the public hearing so the Planning Commission can review the Master Pian and the mausoleums that are to be constructed in the future to ensure that they have been appropriately conditioned to avoid adverse impacts to adjacent areas; and 3) Direct Staff to return to the Planning Commission with any changes to the Resolution regarding the operational conditions. BACKGROUND On February 25, 2014, the Planning Commission reviewed Staffs suggested mitigation measures and conditions to address operational concerns raised by condominium owners in the adjacent City of Lomita, regarding Green Hills' Memorial Terrace Mausoleum building (February 25, 2014 Planning Commission Staff Report is attached). The Commission also heard some options from the Green Hills representatives that they believe could be implemented to address some of the concerns; and heard testimony from some of the Vista Verde Condominium owners regarding the impacts associated with the mausoleum building and the activities that are performed on the rooftop including burials (February 25, 2014 Planning Commission Minutes are attached). After hearing public testimony and discussing the cemetery operations, on a 7-0 vote, the Planning Commission agreed to continue the public hearing to March 11, 2014 to allow Staff to draft the appropriate resolution to impose up to a 90 -day moratorium on all rooftop ground interments/burials on the Memorial Terrace Mausoleum, located in Area 11 of the approved Green Hills Master Plan, while Staff finalizes mitigation measures to address specific noise, visual and privacy impacts identified by the Planning Commission based October 28, 2014 Page 1 MEMORANDUM; Operational Review of Green Hills Memorial Park Cemetery Master Plan October 28, 2014 Page 2 on public testimony. However, the Planning Commission did not impose the temporary moratorium because at the March 11th hearing, the attorneys representing Green Hills and the neighboring condominium association requested that the hearing be further continued to the April 22, 2014 Planning Commission meeting to allow time for the parties to meet and come to an agreement on mitigation measures to address operational impacts associated with the Memorial Terrace Mausoleum. In accordance with both parties' request, the Planning Commission continued the public hearing to April 22, 2014. On April 22, 2014, the Planning Commission again continued the hearing to May 13, 2014 at the request of both parties so they could have additional time to resolve some remaining issues. On May 7, 2014, Staff received an email from Ms. Berkowitz (attorney representing Green Hills) requesting the opportunity to make a presentation before the Planning Commission of the concepts and methods they have been developing to address the concerns raised by the Vista Verde Condominium owners. On May 13, 2014, the Planning Commission heard the presentation from Green Hills regarding possible methods to address concerns raised by the Vista Verde Condominium owners. Although it appeared that some progress and common ground had been achieved between Green Hills and the condominium association, individual residents continued to voice their concerns and opposition to what Green Hills was proposing. In order to allow the parties to continue to meet to address the issues, the Planning Commission continued the hearing to the August 12, 2014, with the direction that the parties continue to work toward an agreement on the mitigation measures to address the operational impacts associated with the burials on the roof of the mausoleum building; otherwise, it was indicated that the Planning Commission will need to impose mitigation measures that it felt would address the issues raised by the adjacent property owners. On August 4, 2014, Staff was notified by Ms. Berkowitz (attorney for Green Hills) via email that the parties had not reached any agreement and that the condominium HOA had advised them that the only agreement they were willing to accept was that the cemetery no longer conduct any burials on the roof of the mausoleum building. Given that no agreements had been reached between the parties, at the August 12, 2014 Planning Commission meeting, Staff presented a draft P.C. Resolution with a recommendation 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 Pian to prevent further expansion of the Memorial Terrace Mausoleum. In addition, the Commission considered Staffs 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 October 28, 2014 Page 2 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan October 28, 2014 Page 3 Staff to review Green Hills' existing Master Plan, including the conditional use permit and variance, to make sure that they are 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 26�h was limited to the language in the draft Resolution and whether it accurately reflected the motion passed on August 12th. During the August 26th meeting, Staff confirmed that ground interments had occurred within the required sixteen foot setback in the northwest corner of the Park in violation of Green Hills' CUP and variance. At this point, it should be clarified that in 1991, the City Council approved a variance to allow below -ground interments sixteen feet from the residential property line in the northwest corner of the Park. Since Green Hills did not adhere to the provisions of that variance and interred individuals within the sixteen foot setback, Green Hills also should be required to submit an application to revise the former variance to address that situation. 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_ In preparation for the October 28, 2014 Planning Commission meeting, Staff mailed out notices on October 8, 2014 to adjacent property owners and published the notice in the Palos Verdes Peninsula News on October 9, 2014_ DISCUSSIO Master Plan Compliance Review: Given the Planning Commission's direction to Staff to perform a CUP compliance review, on August 26th, several speakers suggested that the Planning Commission wait until the compliance review is completed before adopting any Resolution that would compel Green Hills to take certain actions. Staff had reported that violations were confirmed by Staff with regards to ground interments at the northwest corner being within the 16 -foot required setback, but it was unknown what other violations may exist. Thus, before a decision is rendered on the review, the Planning Commission felt that it was important to know if there were any other violations of the conditions of approval for the Master Plan October 28, 2014 Page 3 MEMORANDUM Operational Review of Green Hills Memorial Park Cemetery Master Plan October 28, 2014 Page 4 throughout the entire property. As such, the Commission directed Staff to conduct a thorough compliance review with the expectation that the results of the compliance review be reported on October 28th. Subsequently, the Acting City Manager believed that it would be most appropriate if the compliance review were conducted by a third party. As such, a third party investigator was hired by the City to review all of the conditions of approval issued for the Master Plan. The report with the results of the third party compliance review is attached to this report. The compliance reviewer verified the violations of the conditions of which the Commission already was aware regarding the encroachment of the Memorial Terrace Mausoleum within the required setback without the approval of a variance and the below grade interments in the northwest corner of the Park and on the roof of the Mausoleum within the required sixteen foot setback. As such, a revision to the existing variance also is required for those two locations. In addition, the compliance reviewer also found that certain small structures in connection with family plots have been placed within the five foot structural setback along the west property line. The Master Plan allows below -ground interments along that property line with no setback. (See conditions 6 and 7 of the 2007 approval.) This is another violation of the Master Plan that requires the submittal of an application to amend the existing conditional use permit and variance. The compliance reviewer was not able to locate certain documents (such as height and grading certifications) in the City's files. If these documents have not been provided previously to the City, Green Hills needs to submit them to the City so that those conditions can be found to have been satisfied. Additional_Operafional Conditions: As specified in previous Staff Reports, Staff identified additional conditions to address the observed visual, privacy and noise impacts associated with the rooftop burials on top of the Memorial Terrace Mausoleum. As specified in the August 12 and August 26, 2014 Staff Reports (attached), Green Hills requested that Staff's proposed conditions be further modified. The Planning Commission was amenable to deleting the proposed prohibition of a leaf blower as part of landscape maintenance and grounds keeping activities on top of the Mausoleum, allowing amplified sound for the playing of "taps" as part of military funerals and funerals for first responders; online postings of scheduled burial services; and including a condition requiring that a Green Hills employee be present at every service on the roof to monitor and ensure that the services are in compliance with the conditions of approval. Lastly, the Planning Commission's motion also included incorporating a condition that requires Green Hills to disclose to prospective buyers that there are pending reviews that may result in a prohibition on rooftop interments on the Memorial Terrace Mausoleum building. October 28, 2014 Page 4 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan October 28, 2014 Page 5 In summary, the additional operational conditions that have been proposed and discussed previously by the Planning Commission include the following: • The entire length of the tractor ramp shall be left clear at all times. No vehicles, landscaping equipment, construction equipment, storage containers, etc. are allowed to be parked, stored or allowed to be left on the tractor ramp. • The Northern (rear) wall of the mausoleum building shall be screened by a type of wall vine landscaping. Said landscaping shall be planted and allowed to grow on the wall only to the satisfaction of the Director and shall not grow above the wall. • With the exception of ground cover and the vines on the northern wall of the Memorial Terrace Mausoleum building, no vegetation shall be planted in Area 11 of the Master Plan Revision approved on April 24, 2007. • The guardrail along the tractor ramp and along the top of the mausoleum building along the north (rear) shall not be a solid wall and shall be maintained as a wrought iron guardrail. • No new mausoleum or addition to the existing mausoleum shall be constructed within Area 11. Prior to submittal of grading plans and/or building plans to the Building and Safety Division "plan check" for any improvements in Area 11 (i.e., the northwest area of the cemetery site between the western property line and the maintenance yard, including the existing Memorial Terrace Mausoleum building), the applicant shall submit the proposed improvement plans to the Director of Community Development for review by the Planning Commission at a duly noticed public hearing- Notice of said public hearing shall be published and provided to owners of property within a 500 -foot radius, to persons requesting notice, to all affected homeowners associations (including the Vista Verde Condominium Association located in the City of Lomita), and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. • Pre -service burial/plot preparation and post -service plot backfilling of the rooftop ground interments on the Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00 p.m., Monday through Sunday. Any mechanical machinery used for plot preparation and post -service plot backfilling that is defective or malfunctioning in a manner that is causing abnormal noises or noise levels shall not be used and shall be replaced immediately with properly functioning machinery. When feasible, at the discretion of Green Hills staff, non -mechanized methods shall be used. • Burials and all associated ceremonies on the roof top ground interments of the Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00 p.m., Monday through Sunday. • Limit the use of the mini -haul vehicle (which is illustrated in Green Hills' powerpoint presentation to the Planning Commission on May 13, 2014) for pre -service burial/plot preparation and post -service plot backfilling of the rooftop ground interments to between the hours of 10:00 a.m. and 3:00 p.m., Monday through Sunday. October 28, 2014 Page 5 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan October 28, 2014 Page 6 • The use of amplified sound shall be prohibited on the rooftop of the Memorial Terrace Mausoleum building. This prohibition shall not apply to the amplified sound for the playing of "taps" as part of funeral services for military personnel and for police, fire and other first responders. • All services on the rooftop of the Memorial Terrace Mausoleum building shall be conducted within temporary covered tenting that is enclosed on a minimum of 2 sides, as illustrated in Green Hills' powerpoint presentation to the Planning Commission on May 13, 2014. One of the two covered sides shall be the north side facing the Vista Verde condominium complex. Said temporary tenting shall be erected no earlier than 2 hours prior to the burial service and shall be removed within 2 hours after the burial service. • A minimum 6 -foot tall temporary wall system or portable framed screen with sound absorption material shall be placed along the entire northern edge of the mausoleum building (between the northern edge of the building and the temporary tenting) during all services on the rooftop of the Memorial Terrace Mausoleum building. The temporary wall system or portable framed screen shall be erected no earlier than 2 hours prior to the burial service and shall be removed within 2 hours after the burial service. • Mechanized equipment for landscape maintenance, including leaf blowers, and grounds keeping of the ground interments located on the rooftop of the Memorial Terrace Mausoleum building shall only be allowed once per week, between the hours of 10:00 a.m. and 3:00 p.m., Monday through Friday only and shall be limited to the use of one mower. • Sales personnel shall be allowed to show the roof -top ground interments on the Memorial Terrace Mausoleum building only between the hours of 10:00 a.m. and 3:00 p.m. Monday through Friday, and between the hours of 12:00 p.m. and 2:00 p.m. on Saturday and Sunday_ • Every week, small flags shall be placed on any burial site located on the Memorial Terrace Mausoleum that is scheduled to be utilized for an interment within 7 days, and in any event not less than 24 hours prior to the interment, thereby providing neighboring property owners with advanced notice of scheduled interments and burial services. Green Hills shall also post on its publicly accessible website (www.greenhillsmemorial.com) additional details concerning the anticipated time and date of scheduled burial services. • At least one employee of Green Hills shall attend and monitor every service occurring on the rooftop of the Memorial Terrace Mausoleum for the entirety of all burial services to ensure that the services are orderly and comply with these conditions of approval. • Green Hills shall not sell any additional plots on the roof of the Memorial Terrace Mausoleum until it has submitted an application and received approval for a variance for the location of the mausoleum in its current location and shall disclose this restriction to prospective buyers of plots on the rooftop of the Memorial Terrace Mausoleum building. October 28, 2014 Page 6 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan October 28, 2014 Page 7 All of these conditions were included in the Resolution presented to the Planning Commission on August 26, 2014, which is attached to this Staff Report for further review and discussion by the Planning Commission. ADDITIONAL INFORMATION Since the August 26, 2014 Planning Commission meeting, Staff has received numerous correspondence on the Green Hills matter. There have also been letters written to and from the attorney representing Green Hills and the City Attorney. This correspondence is attached to this Staff Report. Additionally, in response to the City's Notice regarding the upcoming October 28, 2014 Planning Commission meeting, Staff has received correspondence from Matthew Martin, a condominium owner in the Vista Verde Condominium complex (attached) and from Michael Friedman (attorney representing the condominium HOA). The correspondence sets forth the reasons that they believe the City can use to revoke the cemetery's CUP and request that each of the improvements and structures be reviewed independently. CONCLUSION Given the existing violations and the need for applications for variances to amend the Green Hills Master Plan and the public hearings that will be conducted in connection with those applications, Staff recommends that the Planning Commission concurrently conduct a public hearing to review each of the other large structures (mausoleums) that have been approved but have not yet been constructed to verify whether revisions are needed to preclude adverse impacts upon adjacent residential areas. Based upon the Planning Commission's discussion and direction on August 26, 2014, Staff has issued a new public hearing notice so that the public hearing can be opened to further discuss the operational review of the Green Hills Cemetery Master Plan and the results of the compliance review. As such, Staff recommends that the Planning Commission take additional public testimony, and provide direction to Staff. Attachments • August 26, 2014 Planning Commission Staff Report, with attachments: o P.C. Resolution No. 2014-_, requiring submittal of a Variance for the Memorial Terrace mausoleum building, and approving additional conditions of approval to the Green Hills Master Plan o Letter from Ellen Berkowitz dated August 19, 2014 • August 12, 2014 Planning Commission Staff Report, without attachments • Master Plan Compliance Review • Correspondence received in response to the October 8, 2014 Public Notice • August 12, 2014 Planning Commission Minutes (excerpts) • August 26, 2014 Planning Commission Minutes (excerpts) October 28, 2014 Page 7 MEMORANDUM: Operational Review of Green Hills Memorial Park Cemetery Master Plan October 28, 2014 Page 8 Correspondence received since the August 26, 2014 Planning Commission meeting October 28, 2014 Page 8