03_20140826_PC_SR_Operational_Review_Green_Hills_Master_PlanCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: JOEL ROJAS, COMMUNIT E LOPMENT DIRECTOR
DATE: AUGUST 26, 2014
SUBJECT: OPERATIONAL REVIEW OF GREEN HILLS MEMORIAL
PARK CEMETERY MASTER PLAN (CASE NO. ZON2003-
00086); Location: 27501 Western Ayepue
Project Manager: Eduardo Schonborn, AICP, Senior PIannG
RECOMMENDATION
Adopt P.C. Resolution No. 2014-_, requiring submittal of a Variance application to allow
after -the -fact approval of an 8 -foot property line setback for the Memorial Terrace
Mausoleum building in Area 11 of the Green Hills Master Plan; and imposing additional
conditions of approval on the Green Hills Master Plan to avoid/minimize impacts to the
adjoining neighbors from burial activity on the roof of the Memorial Terrace Mausoleum
building.
BACKGROUND
On August 12, 2014, the Planning Commission reviewed and considered Staff's
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 verbal 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 apply for 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 conditional use permit 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
August 26, 2014
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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. As such,
the Resolution implementing this directive is before the Planning Commission for
consideration and adoption.
DISCUSSION
Variance Submittal:
As indicated above, the Planning Commission directed Green Hills to submit a Variance
application to seek approval for the location of the Memorial Terrace Mausoleum building
within the 40 -foot Code required setback. Although the Planning Commission did not
specify a deadline for Green Hills to submit said application, the Planning Commission
expressed that it hoped the Variance application would be submitted prior to the August
26th Planning Commission meeting. It should be noted that on August 19, 2014, Ellen
Berkowitz (attorney representing Green Hills) submitted a letter to the City (attached)
expressing their position that a Variance application is not necessary. Ms. Berkowitz
refers to Development Code Section 17.60.050.13, which states that "Such conditions
[approved through a conditional use permit] shall take precedence over development
standards otherwise required by the underlying zoning of the subject site."
After discussing this issue with the City Attorney, Staff's position is that a Variance
application is still warranted. Although the Development Code Section cited by Ms.
Berkowitz indicates that conditions approved through a Conditional Use Permit take
precedence over development standards, it is Staff's position that such conditions can
only be stricter than the minimum required standards in the Code. Also, for other projects,
the City has processed Variance applications in conjunction with Conditional Use Permits,
and subsequent revisions to such permits, when a reduction in a minimum required
setback is proposed. Thus, the provision cited by Ms. Berkowitz applies when the
setbacks are being increased beyond the minimum Code requirements (as was done with
Green Hills' 1991 CUP approval). As such, to ensure submittal of the necessary Variance
application, the Resolution specifies that submittal must be done within 90 -days of
adopting the Resolution.
Assessment of the Conditions of Approval:
The Planning Commission directed Staff to review Green Hills' existing Conditional Use
Permit to make sure that they are in compliance with all of their conditions of approval.
As the Planning Commission is aware, the Green Hills Master Plan includes numerous
conditions that regulate the 121 -acre cemetery site. As a result, it will take some time for
Staff to complete this thorough review. If any violations are discovered as a result of this
review, the matter will be pursued by the City's Code Enforcement Staff.
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Interment Setbacks:
Staff conducted a site visit on August 19, 2014, in response to a comment submitted by
Matthew Martin, resident of the abutting Vista Verde Condominiums, regarding non-
compliant ground interments. Mr. Martin submitted photos that appeared to show below
ground interments in the northwest corner of the cemetery between the western property
line and maintenance yard not to be in compliance with the 16 -foot setback requirement
described by Condition No. 6 of Green Hills' Conditional Use Permit. Furthermore, Mr.
Martin believes that the same setback requirement applies to ground interments on the
rooftop of the Memorial Terrace Mausoleum building.
Staff has reviewed CUP Condition No. 6 with the City Attorney, and agrees that it applies
to both the ground interments in the northwest corner of the cemetery (west of the
Memorial Terrace Mausoleum) and to the ground interments on the roof of the Memorial
Terrace Mausoleum. Based on measurements taken by Staff on August 19th, Staff has
verified that there are below ground interments located 8 -feet from the northern property
line in the northwest corner of the cemetery, which are within the required 16 -foot setback.
As this is a violation of Green Hills' CUP, Staff has included a condition of approval in the
Resolution that requires Green Hills to submit a plan to the City within 15 days of the
adoption of the Resolution showing how many burial plots are located within the 16 foot
setback area. It also requires Green Hills to identify how many of the plots are occupied,
how many are sold but still vacant, and how many remain unsold; and, that no further
sales and/or interments shall occur in this area without further modification to the
Conditional Use Permit. To ensure submittal of the necessary Conditional Use Permit
Revision for the existing interments within the setback in the northwest corner of the
cemetery, the Resolution specifies that submittal must be done within 90 -days of adopting
the Resolution.
With regards to the ground interments on the roof of the Memorial Terrace Mausoleum
building, based on Staff's measurements, the last (northernmost) row of rooftop interment
spaces closest to the Vista Verde Condominiums would be located within the 16 -foot
ground interment setback established by Condition No. 6 of the Green Hills CUP.
According to Green Hills, none of these interment spaces have yet to be sold. As such,
the City will be advising Green Hills that future interments cannot occur in this last row of
interment spaces without approval of an amendment to their CUP by the Planning
Commission at a noticed public hearing.
Additional Operational Conditions:
As specified in the August 12, 2014 Staff Report, Staff identified additional conditions to
address the observed visual, privacy and noise impacts associated with the rooftop
burials. Although Green Hills requested that Staff's proposed conditions be further
modified, the Planning Commission was amenable to deleting the proposed prohibition
August 26, 2014
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of a leaf blower as part of landscape maintenance and grounds keeping activities;
allowing amplified sound for the playing of "taps" as part of military funerals; 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. In Ms. Berkowitz's letter dated
August 19, 2014, she requests that the condition related to amplified sound contain an
exclusion for services for "military personnel and first responders." Staff is amenable to
further modifying the proposed condition to include police, fire and other first responders.
Lastly, the Planning Commission's motion also included incorporating a condition that
requires Green Hills to disclose to prospective buys that there are pending reviews that
may result in a prohibition on rooftop interments on the Memorial Terrace Mausoleum
building.
All of these conditions have been included in the attached Resolution for the Planning
Commission's approval. Since the public hearing has been closed, comments from
Commissioners and the public are limited to ensuring the attached Resolution accurately
reflects the decisions made at the last Planning Commission meeting. No new issues or
conditions can be added without re -noticing the public hearing.
CONCLUSION
Based upon the Planning Commission's discussion and direction on August 12, 2014,
Staff has prepared the appropriate Resolution for consideration by the Planning
Commission. As such, Staff recommends that the Planning Commission adopt P.C.
Resolution No. 2014-_, requiring submittal of a Variance application for the after -the -fact
8 -foot setback of the Memorial Terrace Mausoleum building in Area 11 of the Green Hills
Master Plan; requiring the submittal of a Conditional Use Permit Revision for the existing
interments that have taken place within the 16 foot setback area in the northwest area of
the cemetery; and imposing additional conditions of approval and amending the Green
Hills Master Plan to avoid/minimize impacts to the adjoining neighbors from burial activity
on the roof of the Memorial Terrace Mausoleum building.
Attachments
• 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
• Letter from Ellen Berkowitz dated August 19, 2014
• Email from Dianne Smith
August 26, 2014
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