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08_PC_MINS_20140225FEBRUARY 25, 2014 PLANNING COMMISSION MINUTES (EXCERPT) Vice Chairman Leon also felt that the Master Sign Program should be r9sewed and possibly modified for businesses such as Yellow Vase. /tchange. Ka complaint he often receives about Golden Cove is that the center is unoting that quite often there is no parking available. He would like to havnd data associated with the parking to see if it might be approprisome of the parking conditions, and stated he wouldlike to see that eting when this item is heard. Chairman Emenhiser felt it is incumbent on the Pla ing Commission to do as much as reasonably possible to support local businessesyinlandlord s local businesses support the community. He agreed that businesses aCove such as Yellow Vase need some help with their signage issues. He ed with Commissioner Tetreault's concerns about the City getting too involvtenant issues. Commissioner Nelson respected and �11. derstood the Commission's comments. With that, he moved not to initiate an aryendment to the Golden Cove Center's Conditional Use Permit, second d by Commissioner Gerstner. Commissioner Nelson acknowl dged the Vice Chairman's request for additional information regarding parkin He noted on page 11 of the staff report there are some statistics regarding the par ' g. However, he also noted that the parking is based on a tenant list from 2011 and nce then there have several new businesses added. He felt this list was outdated an should be updated and the parking reviewed. The motion to not i tiate an amendment to the Golden Cove's Conditional Use Permit was approv d, (6-1) with Vice Chairman Leon dissenting. 3. Green Hills annual review (Case No. ZON2003-00086): 27501 Western Ave Senior Planner Schonborn presented the staff report, giving a brief synopsis of the various approvals Green Hills has received from the City since the last revision approved by the Planning Commission in 2007 and 2008. He noted these approved projects have been consistent with the Planning Commission approved Master Plan for the site. He noted staff has received several complaints from residents of the adjacent condominiums located in the City of Lomita in regards to the Pacific Terrace Mausoleum, which was recently completed in 2013, primarily with respect to the ground internments located on the roof top of the mausoleum. He noted the most significant complaints from the neighboring residents with respect to the ground internments above the mausoleum. have been visual and privacy impacts, as well as noise issues. He showed several photos of the mausoleum in relation to the neighboring condominiums. As a result, staff is presenting to the Commission an operational review in order to see what can be done to mitigate some of these impacts. He noted staffs recommendations for additional operational conditions for the site. He stated that city staff recently met with the staff from Green Hills, at which time Green Hills presented some alternative suggestions they felt could realistically be done to help mitigate some of the impacts being experienced by the neighboring condominiums in the city of Planning Commission Minutes February 25, 2014 Page 11 Lomita. He stated staff is open to some of Green Hill's proposals, however staff has requested Green Hills present their alternatives to the Planning Commission so the Commission can also weigh in on them. Additionally, this will give the public an opportunity to weigh in on these suggestions. He stated Green Hills has expressed some concern in regards to some of staffs proposed conditions, especially with regards to some of the suggested hours of operation. With that, he stated staff was recommending the Planning Commission review the proposed recommendations in changes to the conditions to help minimize the impacts, and direct staff to return with a Resolution at a future date. Chairman Emenhiser noted suggestions of fencing and walls for privacy, and asked staff if the addition of vegetation had been considered. Senior Planner Schonborn answered that it is staff s understanding that there is a potential to add vegetation, however because of the close proximity of ground internments to the edge of the wall, there may not be enough space for the vegetation. Chairman Emenhiser opened the public hearing. Ray Frew (President CEO Green Hills Memorial Park) stated Green Hills has been in operation for 65 years, and it is the firm conviction of the management that every effort be made to be a good neighbor and be supportive of the community. He stated the cemetery is open 365 days per year and average 1750 burials per year. He stated that with the number of burials that are held, the normal visitation by families and friends, and the community events that are held at the site Green Hills averages more than 150,000 visitors per year. He stated that management's overall view is that the number of complaints and incidents the Park is made aware of is minimal in the overall picture. He stated there is contracted security personnel in the Park seven days a week and they respond to all reports of excessive noise, unruly behavior, and alcohol consumption. He also noted the Park keeps security logs of all incidents in the park, including calls about noise and behavior. He stated only three incidents near the northern boundary have been recorded in the 2013 and early 2014 logs. He stated Green Hills presented a revised Master Plan in 2007 that was subsequently approved by the City, and that Master Plan did include the Pacific Terrace Mausoleum as it has been built. He added that all required approvals and permits to build the Mausoleum were obtained from the City, and every aspect of the construction was overseen, inspected, and approved by the City's Building and Safety Department. He stated burials have been taking place in the area immediately adjacent to the Mausoleum since 2009. Commissioner Tetreault asked Mr. Frew to comment on the staff report and the recommendations with regards to several of the conditions of operation. Mr. Frew explained that Green Hills' own rules and regulations prohibit some of the things that have taken place that staff has written about. He stated he is certainly in agreement to try to find some mutual resolution for some of the issues. He noted a Planning Commission Minutes February 25, 2014 Page 12 concern with the recommendation to put a vinyl fence along the railing near the mausoleum and if there are currently concerns regarding views, this solid structure will completely eliminate any views from the condominiums. He stated the proposed hours of operation are the largest area of concern, noting the Park has already reduced the time machinery can go to that building. He explained the park hours and their goal to have all of their internments before 4:00. He felt the 11:00 a.m. recommendation was impractical in many ways, explaining Green Hills does not control the schedule established by outside funeral homes nor do they control religious beliefs or church services. Commissioner Lewis asked Mr. Frew if he had any alternative conditions that Green Hills would like to propose. Mr. Frew displayed several photos depicting types of screening proposed by Green Hills. He felt this screening would greatly diminish anybody's view into the pool deck from the mausoleum roof top. He showed photos of sound proofing type screening that is available to help reduce any equipment noise. He noted, however, that putting up this type of fence will affect the view currently afforded to the condominiums. He also explained Green Hills is trying to eliminate the big equipment in the area as much as possible and use the smaller equipment. Commissioner Lewis asked Mr. Frew if he knew, on any given weekend, how many of the burials are roof top burials as opposed to non -roof top burials. Mr. Frew displayed a graph showing the number of burials that have taken place at this roof top area. He stated that any burials on a Sunday are extremely rare, and typically there may be only one burial on any given day. He clarified that in cases where a plot is sold and the death takes place before the area is developed, there are temporary internments. When the mausoleum was completed there were approximately nineteen temporary burials that needed to be placed on the roof top area, which accounted for an unusual amount of activity on the roof top area for a short period of time. Vice Chairman Leon asked Mr. Frew if the temporary screening of funerals is practical. Mr. Frew answered that temporary screening is practical. John Resich (Chairman of the Board at Green Hills Memorial Park) explained that what they have tried to do since this mausoleum was built was to modify the use of the equipment, explaining how the equipment is typically used and how it has been modified in this area. He also explained that Green Hills does not control the time of the service, which is either controlled by the mortuary or the church. He stated the religious organizations really dictate to Green Hills when and how they are coming to the Park, and unfortunately every so often there is a service that will run late or will start early. Commissioner Gerstner asked Mr. Resich if, at the rate of current burials, he felt that the roof top area of the mausoleum would be filled in approximately two years, or did he Planning Commission Minutes February 25, 2014 Page 13 expect that after a bit of time the frequency will diminish and burials may linger on for another four or five years. Mr. Resich answered that if burials continue at the same rate, it will be a very short period of time. However, he could not predict the future rate of burials in the area. Mike McLachlon (Attorney representing the Vista Verde HOA) questioned the comment from Green Hills about trying to be a good neighbor, pointing out that the HOA has not been invited to meet with Green Hills to discuss any potential fixes to the problems at hand. He stated that these internments happen several times a week and each process takes a great deal of time, with loud noise producing activity taking place constantly. He stated sound amplification is regularly used, and even without the sound amplification one can hear every word of a service from the living room of the condo. He questioned why there was originally a forty foot setback historically that, for reasons unknown, was changed to eight feet. He felt a more comprehensive study of this issue was needed. He stated that there has been no discussion on the economic impact to the residents with regards to the loss of the view, and the loss of property value. He stated that almost all of the first floor units had their ocean views completely irradiated. He stated the second floor units have also had their views impacted. He felt the recommendation to erect a wall was a terrible idea, as it will make the view issue worse. He pointed out that the mausoleum is slated to be expanded, and flagging should be erected now to study view issues. Commissioner Lewis asked Mr. McLachlon, putting aside the issue of future construction and focusing on current operations, are there any additional conditions other than what staff has proposed that he would like to see in place. Mr. McLachlon answered that there is an issue of drainage and a water problem on the back side that is causing a significant amount of moisture to condensate at the site. He stated he has not yet hired anyone to study the issue, however he felt it was something that could be remedied. Operationally, he felt a noise study was needed. He noted incidents of mariachi bands playing and twenty-one gun salutes being performed within approximately twenty feet of the residents. He also discussed the suggestion of restricting the time windows, which he felt was critical and felt that restriction could go even farther. Commissioner Lewis asked if the condominium complex had an HOA board and president, and if so this person would be a good point of contact for Green Hills staff. Mr. McLachlon answered that there is an HOA board and president. Commissioner Lewis asked if there were any other conditions he would like to see in terms of operations. Mr. McLachlon felt that the idea of a temporary screen suggested by Green Hills might, with further study, help with the visual situations during services. Planning commission Minutes February 25, 2014 Page 14 Julie Keve (resident at Vista Verde) stated that what originally attracted her to her condo was the very large balcony which opened up to a harbor and ocean view and the peaceful atmosphere of the neighborhood. She stated that, while two or three funerals a week in this area may be insignificant to Green Hills, to her it is constantly having to see grieving people, not to mention the noise and disturbances. She stated she was very frustrated because there is no end in sight to the funerals in the area, and felt that having to live this close to so much grieving was a form of mental cruelty. Booth TarkinQton stated his backyard overlooks the cemetery and he has enjoyed this view for many years. He stated that at the last meeting he attended the subject of alcohol and noise at green Hills was addressed and in looking through the notes from the meeting there was a comment made that Green Hills would erect signage that alcohol and loud noises were prohibited on site. He questioned if this was done and if Green Hills staff enforces the prohibition. Chairman Emenhiser asked staff if they had any comments on the recommendation and conclusion in the staff report. Director Rojas explained that staff met with two condo owners and visited their units, and felt these two units were the two most impacted units. He explained that from the higher unit the issue seemed to be more about noise and privacy impacts rather than the view impacts. However, from the lower unit there was also a view impact. In speaking to the resident in the lower unit, he explained that one way to mitigate the noise issue is to put up some type of barrier at the site, which will create further view impacts. He asked her which she would prefer, and at that point in time she indicated that she would prefer some type of noise buffer since her view has already been lost. In speaking to Green Hills, they pointed out that a five or six foot wall will not do much with regards to mitigating the noise from the machinery, and could cause more view impacts. Therefore, when Green Hills discussed their idea of a temporary type of screening that comes up for services and is retracted after the service, staff was open to this idea. In regards to the hours, he explained staff is open to a combination of the two ideas, noting that Green Hills has stated there are certain aspects of cemetery operations that are out of their control. John Resich (in rebuttal) noted signage is in place and handed staff information that is given out in terms of the rules and regulations of the Park and its prohibition of alcohol and loud music. He stated Green Hills tries its best to ensure the visitors abide by the rules. In regards to the twenty-one gun salutes, this is something that is allowed under Federal regulations and did not think Green Hills or the City can prohibit this activity. Commissioner Lewis stated that one of the conditions of approval when the mausoleum was approved was that there be a phone number residents can call to speak to security personnel when there was a problem. He asked if there is such a number and if that number is answered by a person rather than a machine. Planning Commission Minutes February 25, 2014 Page 15 Mr. Resich answered that there is such number and a staff member does answer the phone during business hours, and every call is recorded. Vice Chairman Leon understood there is a lengthy process that takes place at the site after the actual funeral service, and asked Mr. Resich if there is a way to divide the process such that there is a short portion after the burial so that the service can finish up at a time that is more convenient to the neighbors. Mr. Resich explained there are certain individuals and religions that want to see the complete burial and covering. He explained the time it takes to lower the casket, put the lid on, and fill in the dirt can take anywhere from ten minutes to thirty minutes. Vice Chairman Leon asked about the sound amplification at the services, and asked if that equipment can be directed away from the residences. Mr. Resich noted that Green Hills does not supply any sound amplification equipment, and Green Hills can do whatever it takes to make sure the sound is not directed towards the residences. Commissioner Tetreault discussed the park operating hours and asked Mr. Resich how Green Hills can say they have no control over when funerals will take place. Mr. Frew responded by explaining that churches and mortuaries set up funerals in the Park, knowing the Park hours. However, occasionally there will be an instance when a service may run late and they are late in arriving at the Park. Commissioner Tetreault asked Mr. Frew if it would be possible to further restrict the burial times on the roof top of the mausoleum area in question. Mr. Frew answered that Green Hills may be able to do so, but could not guarantee on every occasion that the hours would be abided by. He did not think Green Hills could be held responsible for these occasional services that are not compliant with these wishes. Commissioner Tetreault stated he was not aware of any law or statute which says a twenty-one gun salute is a right of every veteran and local communities cannot prohibit that tradition, and asked if Green Hills could provide said law or statute to staff. Commissioner Tetreault stated that Green Hills has acknowledged that this mausoleum is not exactly what was envisioned from the perspective of the people who live behind it. He asked if they agreed, that compared to the rest of the cemetery property, this mausoleum is somewhat unique and is presenting a legitimate concern to these neighbors. Mr. Resich agreed and understood the concerns. Planning Commission Minutes February 25, 2014 Page 16 Commissioner Tetreault asked if they would consider it at all appropriate to modify the park operations with respect to just this rooftop property so that there may be greater limitations on this area, and the sales personnel can tell people interested in purchasing this property of the restrictions and limitations in this location as opposed to other sites within the facility. Mr. Resich understood the issues and stated that can be done, however he noted again that Green Hills does not have control over what family members, the church, or the mortuary may want to do when it comes time for the actual burial. He also explained that there are contract issues, in that the owner or the person who bought the plot, is dead and it's only a personal property right as opposed to a real property right. Mr. Frew added that Green Hills will attempt to limit the hours in this area and will try to inform people of these limited hours, however he noted a concern that with these limited hours there may be an unintended result in that with the condensed hours there may be more services performed in this shorter period of time rather than stretching them out and having more time between services. Commissioner Gerstner read from Section 578 of Public Law 106-65 of the National Defense Authorization which says that any family that requests military funeral for an honorably discharged member of the armed forces is entitled to such, which may include some variation of a gun salute. Matt Martin stated the residents have written letters to Green Hills expressing their concerns with the mausoleum, contrary to statements made by Green Hills. He also stated Green Hills has never used any type of temporary screening at the site, adding that at services the people are positioned so they look directly into the condos. He also stated that he was with the Director when he made his site visit to the condos, and noted that nobody agreed to a fence or wall being erected at Green Hills. He stated that under no condition is he or other residents ok with restricting the view even more than it is already. He also did not think that would address the noise issues. He felt that no more burials should be allowed on the top of the mausoleum. He stated one of his biggest concerns is the equipment with its noise and vibrations, and questioned why Green Hills couldn't use shovels in this area. Commissioner Tetreault asked Mr. Martin his opinion on the suggestion of temporary screens that can be raised when a service is taking place, and lowered afterwards. Mr. Martin felt that was a ridiculous suggestion, noting it does nothing for the noise and the privacy. He reiterated that a huge mistake was made in approving this mausoleum, and Green Hills should be required to either greatly reduce the number of burials allowed at this particular site, or no more services should be allowed. Commissioner Lewis asked staff, given some of the concessions by Green Hills in that they are unable to control noise and are powerless to restrict hours of burial, does the Planning Commission Minutes February 25, 2014 Page 17 Planning Commission have the authority to impose a 90 day moratorium on roof top internments pending a further review and imposition of more restrictive conditions. Director Rojas explained this is a review hearing and the Planning Commission does have the authority to add, delete, or modify conditions of approval on issues of concern that are brought to the City's attention. To that extent, the Commission has the authority to set a temporary moratorium on roof top burials which would be made binding through a condition of approval of an adopted Resolution. He stated Staff does not have a prepared Resolution before the Commission at this time, however if so directed by the Commission, staff could return with a Resolution that would impose this temporary moratorium at the next meeting in two weeks. Commissioner Lewis stated that he was on the Planning Commission when the application for the mausoleum was before the Commission, and apologized stating he didn't truly understand what the Commission was approving and it wasn't apparent to him at the time that these services would be so intrusive to the neighbors. Commissioner Lewis moved to direct Staff to return at the next Planning Commission with a Resolution imposing a ninety day moratorium on roof top internment, pending the Commission's adoption of more restrictive conditions that would address the issues of noise, vibrations, and privacy infringements, seconded by Commissioner Tomblin. Commissioner Tomblin understood this was an unfortunate situation for both the property owner and the neighbors. He questioned why the cemetery couldn't have personnel at each burial to help facilitate the noise issues. He felt there may be some flaw or gaps in the operational system at Green Hills that need to be addressed. He stated he supports the ninety day moratorium, but noted that if there is a previous sale at the site, the burial would still need to take place. Commissioner Lewis stated that the speaker explained that before the mausoleum was constructed there was a temporary burial site, and the people were then relocated to the area when the mausoleum was completed. He stated he had that testimony in mind when he made the motion. Commissioner Tetreault wanted to make sure this proposed 90 day moratorium was a productive and functional time, not just a 90 day relief for the neighbors. Commissioner Lewis agreed, noting he had a list of issues he would like staff to address with the application, which included: drainage issues, direction of the crowd at services, modification of the existing noise conditions, amplification, dropping of the planking, contacting Green Hills staff, and additional issues. Commissioner Tetreault addressed the plots that has already been sold and may need to be utilized in the next 90 days, and questioned how that would work. Planning Commission Minutes February 25, 2014 Page 18 Commissioner Lewis stated it was his understanding Green Hills has a temporary entombment, or the family can choose a different spot. Commissioner Tetreault noted Green Hills has a completed mausoleum and has already laid out approximately 400 spaces for rooftop burial. He asked if staff felt Green Hills has the right to utilize the rooftop property for burials. Director Rojas responded that he has had conversations with the City Attorney regarding this issue and the City Attorney feels comfortable that the City has the authority to do what it can to minimize impacts. However, there may be a grey area if the Commission suggests something that may adversely affect the business operations or any vested rights that Green Hills has. He stated that if this motion passes he will discuss it with the City Attorney, however he felt that because the motion is intended to place a temporary 90 day moratorium while issues are being worked out, she may not have an issue with the proposal. Commissioner Tetreault requested staff speak to the City Attorney and ask if the City has the legal authority to cease all internment operations on top of this mausoleum. Commissioner Gerstner stated that if the intent of the moratorium was to be punitive he would not support the motion. However, as a means to solve a problem that will work best for everybody, he was supportive of the motion. Commissioner Lewis moved to amend the motion to impose a 90 day moratorium on roof top burials at this mausoleum and with direction to staff to come back with tighter conditions addressing the following issues: drainage, noise amplification issues, dropping of the planking, cemetery staff reaching out to residents directly rather than a designated HOA staff member, logging and recording of noise complaints, further discussion of the temporary privacy shades, and further feedback regarding the size and type of equipment allowed at the site. Seconded by Commissioner Tomblin. Commissioner Lewis stated that he would also like to see, but not include in the motion, some type of committee that includes residents and Green Hills staff, that meets once a year at a minimum to discuss issues and concerns at the site and to help Green Hills communicate with the residents. Chairman Emenhiser acknowledged this is a very difficult situation, and noted that the City cannot remedy all of the problems, regardless of the process. He agreed with Commissioner Lewis, recommending a negotiated solution between the homeowners and Green Hills, suggesting staff may be able to serve as an informal mediator to help the process. He felt both sides may be better off with a negotiation rather than something imposed. Director Rojas understood the motion, noting the Resolution will be before the Commission at the next meeting in two weeks. His recommendation was to continue Planning Commission Minutes February 25, 2014 Page 19 the public hearing to the March 11th meeting so that the Planning Commission can discuss the Resolution and allow the public to comment on it as well. The motion was approved, (7-0). NEW BUSINESS 4. Outdoor lighting Associate Planner Mikhail presented a brief staff report, tating that for the reasons outlined in the staff report staff is requesting the Plan g Commission request staff to petition the City Council to initiate a code amendme to improve the City's existing lighting regulations to address issues as noted in a staff report. Chairman Emenhiser opened the public hea Diane Smith felt that with the new types of fighting available today the City needs to update its outdoor lighting code, and expliained her issues with the lighting at Marymount College. She felt if theCit 's code could be amended to clearly regulate exterior lighting to avoid light pollutio and nuisance to residents, it may help the predicament caused by Marymount' parking lot lights that she currently experiences. Chairman Emenhiser closed thOublic hearing. Commissioner Gerstner mo ed staff s recommendation, adding that staff seek direction from the City Co cil not in a narrow way but rather have the City Council direct the Comm' sion in a broader manner to take a broad look at lighting within the City i all aspects and how it affects both public and private property. Seconded b Commissioner Tomblin. Approved, (7-0). 4 Nantasket Dri, 32639 Chairman Emenhi r and Commissioner Nelson recused themselves from this item and left the dais. Commissionjial wis disclosed that several years ago during his campaign for City Council the aant hosted one of his events. Notwithstanding that, he felt he can be fair and impsn hearingthis item. Senior Pla ner Schonborn presented the staff report, summarizing the need for the consisten y finding as explained in the staff report. He explained that in looking at vacating his particular easement, staff has contacted the various utility companies who have all Indicated they have no infrastructure facilities nor do they plan in the future to provid for any infrastructure within the easement. He stated staff feels the easement Planning Commission Minutes February 25, 2014 Page 20