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03_20141022_Lilley_Planning_Group_MemoradumLilley PLANNING GROUP MEMORANDUM Date: October 22, 2014 To: Carolynn Petru, Acting City Manager From: Lilley Planning Group Subject: Third Party Peer Review Green Hills Memorial Park: Compliance Review for Conditional Use Permit No: 155 — Green Hills Master Plan 1991 -2007 -Present I. BACKGROUND Green Hills Memorial Cemetery Park (hereafter referred to as the "Park") is located off Western Avenue in the northeast corner of the City, and borders the City of Lomita, the City of Rolling Hills Estates and the City of Los Angeles. .. t. ♦:"lob 4 .... �l mak~ t Mr—T. R c, 1 According to City records, due to continuous incremental development, the City sought a Master Plan for development from Green Hills Memorial Park. In 1990, the applicant submitted a Master Plan for development with Conditional Use Permit (CUP) application No. 155 for phased development, setbacks and conceptual mausoleum expansion. The Master Plan "called for development of the cemetery that was contemplated to occur over the next 30 to 50 years." This entitlement application was approved by City Council on February 19, 1991. In April of 2007, a Revised Green Hills Master Plan was adopted by the Planning Commission with construction of the proposed structures / mausoleums to be constructed within the next 30 to 50 years. Construction has taken place of some structures within the park with administrative approvals and with no opposition. The construction of the mausoleum in Area 11, 8 feet off the property line, drew attention to the Park's Master Plan and its conditions of approval. Subsequently, a consultant was selected to review the conditions of the plan versus the actual conditions within the Park. The following is an examination of the conditions of approval, the City's administrative record, and the onsite conditions within the Park. The following is a Master List of all Conditions of Approval from the original 1991 approval of CUP No. 155 — Green Hills Cemetery Master Plan, listing conditions of approval for all approved Amendments (A through E), the 2007 Revised Master Plan, and the July 22, 2014 conditions added with the Planning Commission's recent approval of the addition of 3,324 square feet of administrative space. It should be noted that, although additional conditions were included in Resolution No. XX, before the Commission on August 12, 2014, the resolution was not adopted and is not included in this compliance review. However, the compliance review included conformance with the Green Hills Master Plan's adopted development standards and the City's Municipal Code and as such, has evaluated the property in its entirety for compliance with applicable development standards. Per the Planning Commission request on August 12, 2014, the following is a review of Green Hills Memorial Park Master Plan and its conditions of approval. Is the Green Hills Master Plan in Compliance with the Planning Commission's 1991- 2007 -July 2014 Conditions of Approval? In order to answer the question, the conditions had to be compiled, and the most recent compilation of conditions was found in the July 23, 2014, Planning Clearance No. ZON2014-00182. The following Master List is based on all Conditions of Approval from the original 1991 approval of CUP No. 155 — Green Hills Cemetery Master Plan, and all subsequent approvals with conditions at the Park including Master Plan Amendments (A through E). It should be noted that the conditions included in the August 12, 2014 Planning Commission Resolution No. XX are not included in this compliance review as the resolution was not adopted by the Commission. However, the compliance review included conformance with the Green Hills Master Plan's adopted development standards and the City's Municipal Code and as such, the property was evaluated in its entirety. CONCLUSION: After careful review of Green Hills Master Plan, it has been determined that, with several notable exceptions, the Plan substantially conforms to the Planning Commission conditions of approval as indicated in the following analysis. The conditions that do not comply and require follow-up with Planning Staff include Conditions No. 3, AQ -1, GS -1, GS -2, 6,7,8, 20, 31, 36, 38, and 49. 3 CONDITIONS OF APPROVAL FOR 27501 Western Avenue (Green Hills Cemetery Master Plan) 1. This approval is a Revision to the Green Hills Master Plan, and shall be consistent with the "Master Plan Amendment Submittal Package" booklet dated January 29, 2007, prepared by J. Stuart Todd Inc. Specifically, Revision "D" allows the following: a. Acknowledgment that the actual quantity of grading that has been conducted between 1991 through 2004, which is 288,814 cubic yards (cut and fill), is 89,475 cubic yards more than originally approved by the original Master Plan approved in 1991 through City Council Resolution No. 91-7; Building and Safety to verify. No documentation of certified grading quantities or finished grade elevations were reviewed. b. Allow a total of 643,259 cubic yards of additional grading, which includes 97,964 cubic yards of import for all the various proposed mausoleum buildings, and all cut and fill associated with ground burials throughout the cemetery site for the life of the Master Plan. The imported fill material will be conducted in phases as each mausoleum building is constructed over an extended period of time over the next 30- to 50 -years, which will be phased as follows: Building and Safety to verify. i. Inspiration Slope (Area 2) will be constructed in a minimum of three phases over a period of 5- to 10 -years (as funding and budgeting become available), with the initial phase commencing in 2007. The construction will require adequate backfill to keep the adjacent ground burial section at a consistent level. Cumulatively, upon completion, the project will have produced 53,000 cubic yards of grading; however, each phase will require between 10,000 to 15,000 cubic yards of import. Thus, it is estimated that 40,000 cubic yards of import fill will be required for construction of the entire Inspiration Slope project. Planning Clearance Permit on ZON2012-00290 was issued April 2, 3013 for the Phase I construction of Inspiration Slope. Phase 1 will consist of a total of 33,567 cubic yards of grading, which includes 12,065 cubic yards of import. The condition is in compliance to date. ii. Reflection Mausoleum expansion (Area 3), which would not commence until completion of the Inspiration Slope Mausoleum, will include large excavations. Since the project will be phased and there will again be a need to import backfill for construction purposes, it is estimated that 14,000 cubic yards of imported fill will be required for this project. The Reflection Mausoleum expansion has not commenced. The condition is in compliance. 11 iii. Areas 7 and 11 will not require import of fill since the amount of excavation far exceed the amount of backfill necessary for these mausoleum buildings, and the excess dirt will be placed and compacted in Areas 5 and 6 of the master plan (i.e., the southern and southwestern portions of the cemetery site), which is not expected to be developed for another 30 -years. Planning Clearance Permit ZON2008-00057 was re -issued April 14, 2009, for a total of 8,068 cubic yards of grading to facilitate the construction of the 14,909 square foot Area 11 Mausoleum in the northwest area of site. The grading consists of 5,070 cubic yards of cut under the building footprint; 675 cubic yards of fill outside of the building footprint, and 2,823 cubic yards of fill on the roof to accommodate ground interments. This condition is in substantial conformance as the fill was not imported but balanced on site from the cut with the remainder of grading spoils going to Area 5 as per the Master Plan. The condition is in compliance. iv. The final project that would require substantial imported fill would be the mausoleums proposed for construction in Area 6. The project will not be constructed for at least 30 years into the future, and excess dirt from the ground burials and other mausoleum buildings will have been placed and compacted at this location. Thus, it is anticipated that approximately 34,000 cubic yards will be imported for construction purposes and backfill. No planning clearances or building permits have been issued for Area 6 to date. This condition is in compliance. c. Clarify that the number of additional ground burial sites at Green Hills Memorial Park is 14,000 Double Depth Burials (28,000 interments), 400 Single Depth Burials (400 interments), and 408 family estates (9,792 interments); No recent plot plan showing the location and type of ground burial sites was found in the files reviewed. The most recent plot plan was from the late 1990s. As such, and as a condition of approval since 1991, the applicant shall submit a plot plan to the City clarifying the number of interments (ground burials, mausoleum, etc.) within Green Hills Memorial Park. d. Area 6 of the Master Plan Revision (known as Southwest Mausoleum): allow a reconfiguration, relocation and additional area to the previously approved mausoleum building, which was proposed under the original Master Plan to be at the south side of the cemetery, from one mausoleum building with a 77,715 square foot footprint, to 5 separate mausoleum buildings with each footprint measuring 23,653 square feet at a location that is approximately 300 -feet farther west than approved in the original Master Plan; Approved as part the 2007 Master Plan Revision, no planning clearances or building permits have been issued for Area 6 to date. This condition is in compliance. 5 e. Area 3 of the Master Plan Revision (known as Garden of Reflections Mausoleum): allow a new 75,131 square foot mausoleum building to the west of the existing mortuary, whereby 9,871 square feet will be above grade and 65,260 square feet will be below grade; Approved as part the 2007 Master Plan Revision, no planning clearances or building permits have been issued for Area 3 to date. This condition is in compliance. f. Area 11 of the Master Plan Revision (known as Memorial Terrace Mausoleum): With the exception of the 10,366 square foot Memorial Terrace Mausoleum building already approved and constructed per BLD2011-00799, no new mausoleums or additions to existing mausoleums are allowed in Area 11; and, No new additions have been requested or approved. The condition is in compliance. g. Area 7 of the Master Plan Revision (known as Southwest Terrace Mausoleum): reduce the size of the previously approved mausoleum building footprint at the southwest side of the cemetery, from a 60,583 square foot building footprint to a 37,820 square foot building footprint. No planning clearances or building permits have been issued for Area 7 to date. It should be noted that although the 1991 Master Plan footprint appears to be visually the same size as the footprint of the 2007 Revised Master Plan footprint, the Mausoleum is one- story below grade and one-story above grade. It is unclear with regard to square footage if the revised building footprint substantially conforms to the revised condition. Applicant shall clarify building footprint square footage, to the satisfaction of the Planning Director, prior to issuance of any Planning Clearances for earthwork /grading in Area 7. h. Area 4 of the Master Plan Revision: Only ground burials are allowed between the north perimeter road and the 8'-0" setback from the north property line. No garden walls for family estate burials, or other built-up structures are allowed in this Area, and the grade/topography of this Area shall not be raised except by written permission of the Director of Planning, Building and Code Enforcement. The applicant shall provide the City with a "wet -stamped" topographical survey that illustrates the existing topography prior to any grading to prepare this Area for ground burials, and the applicant shall provide the City with a "wet -stamped" topographical survey that illustrates the finish topography of Area 4 after the Area has been prepared for ground burials. Area 4 of the Master Plan Revision has not yet been developed. The applicant is aware of the condition requiring a topographical survey prior to any grading in this area (conversation on October 20, 2014 with Nick Resich, Park Operations Superintendent). The condition is in compliance. i. For the areas in the Master Plan Revision called out for ground burials, the ground burials may include family estates that are evident by low garden walls around their perimeters to enclose these burial estates, or more elaborate tombstones that are built 11 above -ground that are no taller than 6 -feet high, except for Area 4 where above ground structures are not allowed pursuant to condition no. 7 below. Preparing these ground burial sites includes grading an area by excavating up to 8 -feet below existing grade (depending, if these are single or double depth lawn crypts), filling a layer of sand for erosion control purposes, constructing concrete encasements where coffins are ultimately placed, then a layer of the previously excavated dirt is filled to match pre - excavated grade. Excess earth material resulting from the burial sites will be transported to Areas 5 and 6 of the Master Plan Revision. It is approximated that 137,000 cubic yards of fill will be necessary for these areas to raise the grade to accommodate mausoleum buildings and ground burials, and appropriate drainage to the roadways. This quantity includes ground spoils from throughout the cemetery site, excess cut material from mausoleum projects in other areas, and import of additional fill material. Ground spoils and excess cut material from mausoleum projects are deposited in Area 6. The condition is in compliance. (AMENDED PER PC RESOLUTION NO. 2008-47 ON NOVEMBER 25, 2008) 1.A. Revision "D" to conditional use permit of the Green Hills Master Plan allows the placement of an historic church building that is currently located in the San Pedro community of the City of Los Angeles, onto the cemetery property. The church building will be located in Area 5 of the Master Plan, southwest of the existing duck pond. The church building measures less than 1,100 square feet in area, and has a steeple at the front of the building that is 7 -feet wide, 7 -feet deep, and 38 -feet tall. Planning Clearance for ZON2010-0045 issued September 16, 2011 has a hand written "Revision to allow steeple height to 49'3" signed by JR. Condition No. 10, a standard condition of approval, states: 10. The Director of Planning, Building and Code Enforcement is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. Otherwise, all other modifications shall be subject to review and approval by the Planning Commission. The Planning Director, acting within his authority (per RPVMC17.48.050A2 which allows the Director to approve a steeple to exceed the maximum building height through a Site Plan Review), authorized the steeple, an architectural projection, to exceed the maximum building height since the steeple is not additional floor area or an additional story on a building, it does not add the mass, bulk and scale or cause or visual impacts and is substantially the same project. The condition is in compliance. 1.13. All appropriate permits shall be obtained from the Building and Safety Division prior to relocating the historic church building to the cemetery. 7 City of Rancho Palos Verdes Building Permit No. BLD2010-0089 was finaled on December 12, 2012. 1.C. Prior to the relocation of the historic church building, the Green Hills Cemetery personnel shall inform City Staff of the date and time in which the historic church building will be transported, along with a plan illustrating the route. The route of travel was conveyed to Green Hills Cemetery personnel and City Staff and a plan was submitted. The condition is in compliance. 1.D. The church building may be used for funeral services only, and is not allowed to be used for congregational church services. Further, the existing bell may remain as a decorative feature only, and the bell or bell recordings are not allowed to be used in conjunction with the church building. Per Nick Resich, Park Operations Superintendent of Green Hills (October 18, 2014), the church is not currently being used for any type of services. To date, no complaints regarding usage of the church facility have been filed with the City. The condition is in compliance. 1.E. Major additions to the church building or relocation of the church building to another location on the property are not allowed without prior Planning Commission approval. Per Nick Resich of Green Hills (October 18, 2014), no additions to or relocations of the church are being contemplated. The condition is in compliance. 1.F. All approvals necessary to relocate the church from the San Pedro community of the City of Los Angeles to the Green Hills Cemetery shall be obtained and submitted to the City of Rancho Palos Verdes' Public Works Department and Planning, Building and Code Enforcement Department prior to relocation of the church. The required approvals included the City of Los Angeles Determination of the Cultural Heritage Commission dated August 31, 2011, Los Angeles Department of Regional Planning, Recommendation Report dated July 21, 2011, and the Oversize Permit to allow the church to move on the public street. The condition is in compliance. (AMENDED PER PC RESOLUTION NO. 2014-21 ON JULY 22, 2014) 1.1 This approval is Revision "E" to the Green Hills Master Plan, and shall be consistent with the approved plans prepared by Anthony Frank Inferrera, dated June 10, 2014, that allows the following: a. Construction of 3,323ft2 of single -story office additions and a 693.5ft2 covered walkway extension to the administrative building; E:3 b. Allowing the temporary modular buildings to remain on site, but be removed prior to July 22, 2016 or Building Permit Final, whichever comes first. Any extension requests shall be reviewed by the Planning Commission prior to January 22, 2016. Failure to remove said structures will constitute as a violation and deem the Conditional Use Permit Revision null and void; and c. Reconfiguration of the parking area to add 23 new parking spaces. No action needed. Description of approved project only. 1.2 Revision "E" shall be subject to the following specific conditions: Planning Clearance ZON2014-00182 was issued on July 22, 2014 for construction of 3,323 square feet, of single -story office additions, 693.55 square feet of covered walkway extensions and addition of 23 new parking spaces. a. The following setback provisions shall apply: 25' front and street -side. The condition is in compliance. b. 40' interior and side if abutting a residential zoning district and 25' if abutting a nonresidential zoning district. The condition is in compliance. c. Parking areas shall provide for a 25' outside turning radius within the facility. The condition is in compliance per approved plans. d. All parking areas shall be surfaced with asphaltic or cement concrete paving which is at least 3" thick. The project is not yet under construction so this condition cannot be field verified for compliance. e. All parking stalls shall be clearly marked with lines, and access lanes shall be clearly defined with directional arrows to guide traffic. Except for parallel parking stalls, standard parking stalls shall be of a minimum 9' width by 20' depth in area. Parallel parking stalls shall be a minimum of 26' in depth. The project is not yet under construction so this condition cannot be field verified for compliance. f. Disabled parking spaces shall be in accordance with the dimensions and specifications of the state amended Uniform Building Code. O7 The project is not yet under construction so this condition cannot be field verified for compliance. g. A minimum of 5% of the paved parking area shall be devoted to interior planting areas. All planting areas shall be at least 3' wide. Perimeter planting shall not be considered part of this required interior planting. The project is not yet under construction so this condition cannot be field verified for compliance. h. Wherever a center divider separates parking stalls facing each other, tree wells shall be established not more than 50' apart for larger trees, or not more than 30' for small and medium sized trees. The project is not yet under construction so this condition cannot be field verified for compliance. L All plantings shall be maintained free of debris and in conformity with the accepted practices for landscape maintenance. The project is not yet under construction so this condition cannot be field verified for compliance. j. A 6" high cement concrete curb shall be constructed at the edge of all landscaped areas. The project is not yet under construction so this condition cannot be field verified for compliance. k. The temporary modular buildings on site shall be removed prior to Building Permit Final. Failure to remove said structures will constitute a violation and deem the Conditional Use Permit Revision null and void. The project is not at the stage (building permit final) where the modular buildings need to be removed. The condition is in compliance. I. 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 one year of the final effective date of this Resolution, approval of 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. Prior to plan check submittal to the Building & Safety Division, the applicant shall provide an updated Master Plan reflecting the modifications to the administrative building and related parking area to the Planning Division. The applicant has submitted for building permits within the required timeline. The condition is in compliance. 10 2. Construction and build -out of the Green Hills Memorial Park Cemetery shall be in substantial compliance with the Master Plan Revision approved by the Planning Commission on April 24, 2007 and July 22, 2014, as indicated in Condition No. 1 through 1.F. above. Deviation from this Master Plan Revision, as described in Condition No. 1 through 1.F above, shall require review and approval by the Planning Commission through a subsequent Master Plan Revision at a noticed public hearing. Notice of said public hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate. See responses in Conditions No. 1 through 1. F. 3. Prior to grading operations to prepare Area 4 for ground burials, the applicant shall submit a grading permit application, signed by an individual designated by the Green Hills Memorial Park Board of Directors for review and approval by the Director of Planning, Building and Code Enforcement to ensure consistency with the approved Master Plan Revision. If it is found to be consistent with the approved Master Plan Revision, the grading permit will be approved administratively, without further public notice, review or hearings. However, if the Director of Planning, Building and Code Enforcement finds that the project is not consistent with the approved Master Plan Revision, then it shall require review and approval by the Planning Commission. Notice of said Planning Commission review hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. No grading permit for Area 4 ground burials was found in City records. Applicant shall submit grading permit application. Condition not in compliance. 4. The applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. Not found within records provided, however, many subsequent building permits were issued and Planning Clearances obtained. Applicant shall submit required statement to the City. Condition not in compliance. 5. All mitigation measures contained in the approved Mitigation Monitoring Program contained in P.C. Resolution No. 2007-32 for the Mitigated Negative Declaration, shall be incorporated into the implementation of the proposed project and adhered to. The mitigation measures are as follows: 11 A-1: No new light poles, light standards, or other form of lighting is allowed along the roadways within the cemetery without prior written approval by the Director of Planning, Building and code Enforcement. Condition is in compliance. A-2: No exterior, building -mounted lighting is allowed on the facade elevations that are closest to and oriented towards residences. All other lighting shall be arranged and shielded as to prevent direct illumination of surrounding property. Condition is in compliance. A-3: All pedestrian -oriented lights along the exterior of the mausoleum buildings shall be in the form of lights that are inset into the adjoining walls. Further, the lighting shall be arranged and/or shielded as to prevent direct illumination of surrounding property and prevent visibility of the light source. Condition is in compliance. AQ -1: Prior to construction of each mausoleum building contained in the approved Master Plan and Master Plan Revision, the applicant shall submit a grading permit application, signed by an individual designated by the Green Hills Memorial Park Board of Directors for review and approval by the Director of Planning, Building and Code Enforcement to ensure consistency with the approved Master Plan and Master Plan Revision, which shall include, but not be limited to grading quantities, height, area and location of buildings. If it is found to be consistent with the approved Master Plan and Master Plan Revision, the grading permit will be approved administratively, without further public notice, review or hearings. However, if the Director of Planning, Building and Code Enforcement finds that the project is not consistent with the approved Master Plan and Master Plan Revision, then it shall require review and approval by the Planning Commission. Notice of said Planning Commission review hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. Grading permit records on file with the City are not complete for the mausoleums constructed at Green Hills. Applicant shall submit the required grading permits or provide documentation of application and inspection during grading activities. The condition is not in compliance. AQ -2: During construction of any improvements associated with the Master Plan, the owner shall ensure that all unpaved construction areas shall be watered at least twice a day during excavation and construction to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. 12 Upon review of Code Enforcement complaints, it appears that the neighbors surrounding the Green Hills Cemetery Park have called the City to complain about dust emissions from grading activities on many occasions. According to Nick Resich, Park Operations Superintendent, residents also call the Park directly. The City records reviewed show that Park operators were quick to respond to complaints and implement mitigation monitoring requirements. Condition substantially met. AQ -3: During construction of any improvements associated with the Master Plan, the owner shall ensure that all clearing, grading, earth moving or demolition activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust. Condition substantially met. See Condition AQ -2 above. AQ -4: During construction of any improvements associated with the Master Plan, the owner shall ensure that General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. Condition substantially met. The City had no record of complaints of excessive exhaust emissions. AQ -5: During construction of any improvements associated with the Master Plan, the owner shall ensure that on-site construction vehicle speeds are limited to a maximum of 15 miles per hour on unpaved roads. Condition substantially met. The City had no record of complaints of excessive on-site speed. AQ -6: During construction of any improvements associated with the Master Plan, the owner shall ensure that all on-site construction roads with vehicle traffic will be watered periodically as necessary for dust suppression. Condition substantially met. Watering trucks are kept on-site and water twice per day to reduce dust impacts. AQ -7: During construction of any improvements associated with the Master Plan, the owner shall ensure that street sweeping will be initiated if visible dust is deposited upon public paved roadways due to the project. Condition substantially met. The City had no record of complaints regarding impacts to public roadways. AQ -8: During the daily cemetery operations, the owner shall ensure that all clearing and earth moving be discontinued during periods of high winds (i.e. greater than 25 mph), so as to prevent excessive amounts of dust. This shall not apply to excavations for individual burial plots prior to a service, or to filling of individual burial plots after a service. 13 If excessive wind conditions arise, daily earth moving activities are suspended to the extent feasible. Wind screens are available to beset up at individual grave sites for pre - burial earth moving, services, and post -funeral earth -moving. Condition substantially met. AQ -9: During the daily cemetery operations, the owner shall ensure that on-site vehicle speeds associated with the transporting of earth materials are limited to 15 miles per hour on unpaved roads. Condition substantially met. The City had no record of complaints of excessive on-site speed. AQ -10: The owner shall ensure that grave spoils are placed in Area 5 and/or Area 6 of the Master Plan, which will be placed to fill the areas. A minimum 8 -foot high chain link fence with a mesh material to reasonably screen the fill area from neighbors shall enclose and confine said area. As field verified on August 20, 2014, Area 5 and 6 is fenced and screened. The condition is in compliance. AQ -11: The confined fill locations described in mitigation measure AQ -10 above, shall be regularly watered to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. Condition substantially met. Watering trucks are kept on-site and water twice per day to reduce dust impacts. AQ -12: A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to these confined fill locations and a phone number(s) to be called in the event that dust is visible from the confined fill locations described in mitigation measure AQ -10 above, shall be posted and displayed on the fencing. Condition substantially met. AQ -13: If stockpiling of earth material becomes necessary for ultimate use as backfill, stockpiling shall only be located in Area 5 and/or Area 6 of the Master Plan, and shall be subject to conditions AQ -10, AQ -11 and AQ -12 above. Condition substantially met. AQ -14: The project shall be reviewed by the Planning Commission annually, commencing on the date of final approval, to review the applicant's compliance with all conditions of approval associated with the Master Plan and Master Plan Revision. At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate, as well as increase the time between review periods. Notice of said review hearing shall be published and provided to owners of property within a 500' 14 radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. The applicant had an Annual Review in 2008 in conjunction with a request for an amendment to have the modular buildings permanently remain, which the Planning Commission ultimately denied. The Annual review took place again in 2013. While it appears the condition was out of compliance for some time, the condition is now in compliance with the latest annual review. GS -1: The applicant shall submit a geotechnical report for review and approval by the City Geologist prior to the issuance of a building permit for each mausoleum building or grading permit for any earth movement beyond that associated with ground interment sites, unless the City Geologist deems that a geotechnical report is not warranted. Further, prior to any additional placement of fill in Area 5, a detailed grading plan with relevant geotechnical reports supporting recommendations for grading in Areas 5 and 6 shall be submitted by the applicant to the City for review and approval by the Building and Safety Division and the City Geologist prior to issuance of a building permit for any Mausoleum. No Geotechnical Reports for the constructed mausoleums were found in the City records provided. However, there is also no statement from the City Geologist deeming such submittal unwarranted. The record is unclear as to whether a geotechnical report was or was not required. With regard to Area 5, no planning clearances or building permits have been issued for Area 5. The condition is not in compliance. The file should be substantiated with Geotechnical Reports or Memoranda from the City Geologist. City Staff to supplement the record with assistance from Green Hills. The condition is not in compliance. GS -2: The applicant shall ensure that all applicable conditions as specified within the geotechnical report and all measures required by the City Geologist are incorporated into the project. No planning clearances or building permits have been issued for Area 5. See comment on G-1. Compliance with condition is unknown. HW -1: The applicant shall prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) along with a Maintenance Agreement and Transfer. The SUSMP and related information shall be reviewed and approved by the Director of Planning, Building and Code Enforcement, or his/her designee prior to the issuance of grading and building permits for any mausoleum building. A SUSMP has been prepared for the site and is on file with the City Building Department. The condition is in compliance. 15 N-1: Construction activity of the mausoleum buildings and grading operations shall be limited to the hours of 7:00 am and 4:00 pm, Monday through Friday. There shall be no construction on Saturdays, Sundays or Federally observed Holidays unless a Special Construction Permit is obtained prior to work on a federally observed holiday. The condition conflicts with Condition No. 22 when the construction or grading is taking place within 120 feet of any property abutting a residential district which limits work from 9:00 a.m. to 3:30 p.m. If construction or grading is taking place within 120 feet prior to 9:00 a.m. it is a violation of conditions approval as: 11. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. For all areas greater than 120 feet from a residential district, 7:00 a.m. to 4:00 p.m. working hours are in compliance. N-2: 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 7:00 am Monday through Friday and before 9:00 am 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. Condition substantially met. The City has no record of excessive noise due to truck staging on the streets before 7:00 a.m. N-3: As indicated in mitigation measure AQ -13 above, the project shall be reviewed by the Planning Commission annually, commencing on the date of final approval, to review the applicant's compliance with all conditions of approval associated with the Master Plan and Master Plan Revision. At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. See AQ -14 6. Setbacks for below ground interments sites, "Garden" burial sites and roads shall be as follows: North and South: 8'-0" (except the northwest corner between the western property line and maintenance yard, which shall be 16'-0") East and West: 0'— 0" 16 Area 11 is not in compliance, and below ground interments have been placed within the 16 foot setback. For all other applicable areas of the Green Hills Memorial Park, the below ground interment sites are in compliance with this condition. 7. Setbacks for above ground structures, including but not limited to mausoleums (except the Pacifica Mausoleum and the Mausoleum shown in Area 11 of the Master Plan Revision) and crypts shall be as follows: North: 80'-0" or no closer than the northern perimeter road, whichever is greater (8'-0" for the western -most portion of the Mausoleum shown in Area 11). South: 40'-0" East: 25'-0" West: 5'-0" The Mausoleum in Area 11 is not in compliance with this condition or setback requirements of Section 17.28.040. The entire Mausoleum is within the 8 -foot area (reduced setback cannot be approved without a variance), not just its western -most portion. 17.28.040 Cemetery District (C) A. Setbacks. The following setback provisions apply to all structures and below grade interments: 1. Front and Street Side. The front and street side setbacks shall be twenty- five feet. 2. Interior Side and Rear. If abutting a residential zoning district, the interior side and rear setbacks shall be forty feet. If abutting a nonresidential zoning district, the interior side and rear setbacks shall be twenty-five feet. A. Building Height. The maximum height of any building shall be sixteen feet, except with the approval of a conditional use permit by the planning commission, pursuant to Chapter 17.60 (Conditional Use Permit.) All others (with the exception of the previously excluded Pacifica Mausoleum) are within the appropriate setback limits and in compliance with the condition. 8. Setbacks for the Pacifica Mausoleum are as follows: West: 15'-0" (existing) / 5'-0" for the northwestern addition 17 North: 40'-0" (expansion northerly along the eastern edge of the existing building shall be offset 8'-0" to the west from the existing eastern edge of the building) The Pacific Mausoleum is in compliance with conditions of approval. There are two areas adjacent to the mausoleum that require further inspection by Planning, Code Enforcement or Building and Safety Staff.- 1) the area in the northwest corner, and 2) the Terrace and Sanctuary Private Gardens shown on Revised Master Plan 2007. These garden areas appear to be interments on the property line and well within the required five (5) foot setback. Please verify compliance with condition with the Planning Director. The setbacks for the Pacific Mausoleum are in compliance with the condition. As stated above, additional compliance review is required for the Sanctuary Gardens' structures and apparent burial areas. 9. Any live and/or amplified music shall occur only during funeral services, community events, or visits. Funeral services music and community event music shall be limited to the duration of the service or event. In no case shall the live and/or amplified music exceed 65 dba at the common property lines abutting a Residential Zoning District. The noise level shall be enforced by the neighbors through civil means. Since the most recent Planning Commission hearing, no complaints have been received by the City or by Green Hills regarding excessive noise. 10. The Director of Planning, Building and Code Enforcement is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. Otherwise, all other modifications shall be subject to review and approval by the Planning Commission. No action 11. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. No action 12. The applicant shall supply the abutting neighbors with the name and contact information for the Green Hills Cemetery personnel that can be contacted about excessive noise or other activities that result in impacts to the immediate neighborhood. Per Nick Resich, Park Operations Superintendent, the residents have been provided an immediate contact number for day and night security at the facility (August 18, 2014). 13. 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 is not limited ff:3 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. Condition substantially met. The City has no record of loose construction materials impacting public or private properties or streets. Area 5 is currently used to accumulated grading spoils as well as used to recycle any recyclable materials associated with the floral arrangements, etc. The condition is in compliance. (AMENDED PER PC RESOLUTION NO. 2014-21 ON JULY 22, 2014) 14. When not being used in the daily operations of the cemetery, equipment and supplies shall be stored in areas with minimal visual impact to adjacent homeowners or in the maintenance yard if possible. Equipment and supplies shall be neatly stacked so they do not pose a safety hazard or become a property maintenance issue. All landscaping equipment and vehicles, and all vehicles used for maintenance and/or burial preparation shall be stored in the maintenance yard. Condition is in compliance. 15. The road in Area 5 and Area 6 (of the Master Plan Revision approved April 24, 2007) that parallels the south property line shall be paved and maintained by the applicant. Condition is in compliance. 16. All landscape pruning, including but not limited to grass, leaves, branches, fertilizer, etc., shall be properly stored in areas with minimal visual impact to adjacent homeowners, and shall be stored in appropriate containers and disposed of in a proper manner. Condition is in compliance. 17. With the exception of ground cover, no vegetation shall be planted in Area 2 (Inspiration Slope) of the Master Plan Revision approved April 24, 2007. The area is currently under construction and as such no landscaping has been planted. Condition will require subsequent field verification. 18. The applicant shall install and maintain signage at various locations throughout the Cemetery to inform visitors of rules that prohibit on-site consumption of alcoholic beverages, prohibit excessive noise and amplified music, and disruptive behavior. The applicant shall submit a signage plan for review and approval by Staff prior to installation of any signage. The signage plan shall illustrate the locations, height, design and content of the signs. In February 2005, the applicant submitted a Sign Program showing all existing signage. The Sign Program is on file with the City. The condition is in compliance. 19 19. Temporary trailers are only allowed during construction of the mausoleum buildings. The location of any such trailers shall be illustrated on plans for the Grading Permit as described and required in condition AQ -1 above, and shall be approved by the Director of Planning, Building and Code Enforcement. Further, the trailer shall be removed prior to building/grading permit final. No construction trailers are currently in use at Green Hills. The condition is in compliance. 20. Construction and grading activities, including but not limited to equipment warm up, geologic investigations, interment excavation for placement of vaults and installation or removal of large landscape materials shall be limited to daytime working hours (7:00 a.m. to 4:00 p.m.) on weekdays only. The condition conflicts with Condition No. 22 when the construction or grading is taking place within 120 feet of any property abutting a residential district which limits work from 9:00 a.m. to 3:30 p.m. If construction or grading is taking place within 120 feet of a residential district prior to 9:00 a.m. it is a violation of conditions approval as: 11. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. For all areas greater than 120 feet from a residential district, 7:00 a.m. to 4:00 p.m. working hours are in compliance. 21. Excavation for removal and replacement of vault tops for funeral service preparation, individual placement of vaults for funeral services and operation of landscape maintenance equipment shall be allowed in any area of the park between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturday, Sunday, and Federally observed Holidays. Since the most recent Planning Commission hearing, neither the City nor Green Hills have received any complaints regarding these activities taking place outside of approved hours. 22. No construction or grading, including grading operations to prepare sites for ground burials, shall occur before 9:00 a.m. or after 3:30 p.m. within 120 feet of any property line abutting a Residential Zoning District. All equipment shall be equipped with a muffler to reduce on-site grading and construction noise levels. See Conditions N-1, 11 and 20. 23. All existing and proposed landscaping between the north property line and the northern perimeter road shall not significantly impair any near or far view as defined by the Development Code. A landscape plan limited to plants, trees and foliage that are 48- 20 inches or taller for this Area shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to grading operations to prepare Area 4 for ground burials. No large plantings or foliage occur or are planned between the north property line and northern perimeter road, other than the existing hedges along the existing fence line. The condition is in compliance. 24. All existing and future landscaping shall be properly maintained in a healthy and trimmed manner at all times. The condition is in compliance as field verified on October 20, 2014. 25. The existing eucalyptus trees on the west side of the Administration Building Parking lot shall not be removed unless required by the holder of the easement in which the trees are located or acceptable evidence is provided to the Director of Planning, Building and Code Enforcement from a certified arborist supporting removal. The eucalyptus trees on the west side of the Administration Building Parking lot have not been removed. The condition is in compliance. 26. When Inspiration Slope is developed, the existing hedge that separates Crescent Lawn and Vista Del Pointe from this area shall be removed. Inspiration Slope is currently under construction. The hedge will be removed prior to final Planning sign -off on the project. The condition is in compliance. 27. The existing hedge located on the applicant's property on the south property line adjacent to the rear yards on residential lots located on Avenida Feliciano shall be pruned and maintained so it does not exceed the height of the chain link fence, which is 8'-0" high. The existing and future screen planting in the 8'-0" setback along the northern property line shall be maintained no higher than the fence height unless specifically requested in writing by the appropriate adjacent property owner. Per Nick Resich, Park Operations Superintendent (October 18, 2014), the abutting property owners have specific requests as to the height of their hedges or trees planted along the fence line. Green Hills works with the neighbors to comply with the condition. Condition substantially met and field verified. 28. Any new sewer and water facilities must tie into local main lines. The usage of the site may be limited by the size and type of sewage and water systems that can legally be installed. Building permits will not be issued for buildings that cannot adequately handle the anticipated sewage and water requirements per City Building Official. Condition is in compliance. 21 29. The site shall be served by adequately sized water system facilities as determined by the Los Angeles County Fire Department. All Los Angeles County Fire Department in requirements shall be satisfied prior to building permit issuance for the mausoleum building. Building permits will not be issued for buildings that do not have adequately sized water facilities as determined by the Los Angeles County Fire Department. Condition is in compliance. Building permits will not be issued for buildings that cannot adequately handle the anticipated sewage and water requirements per City Building Official. Condition is in compliance 30. Any grading, construction, placement of structures, including but not limited to walls, fences, and interments on any easement, requires prior written permission from the easement holder. No permits can be issued without permission from the easement holder. The condition is in compliance. 31. The owner shall submit a title report within 90 -days of final approval of this Master Plan Revision. All easements shown on the title report shall be clearly delineated on an accompanying site plan. No title report on file. However, all approved construction plans have shown easements consistent with site plan / survey in Planning files. The Applicant shall submit a Title Report, with survey depicting all easements to the City. Condition not in compliance until Title Report submitted to City Planning Department. 32. The existing chain link fence and wrought iron fence, which surround the perimeter of the cemetery site, shall be maintained. On those areas of the fence specifically owned by the cemetery, and where not directed otherwise by the adjacent water authority, no barbed wire on the top of these fences is allowed, and any existing barbed wire shall be removed within 90 -days of final approval of this Master Plan Revision. The perimeter fence appears to be maintained in good condition (field observation October 18, 2014). The only area with barbed wire appears to be the water authority fence. No access is provided between the two properties. The utility claims to need the barbed wire fencing due to a nearby drainage tunnel that draws thrill -seekers to explore. (October 18, 2014, witnessed two young people attempting to find a way around the fence to get to the tunnel. The young women openly discoursed about the "trail" being on the internet.) 33. Hours of public operation for the flower shop are limited to 7:00 a.m. to 9:00 p.m., Monday through Sunday. The Administration Building public hours are limited to 8:00 a.m. 22 to 9:00 p.m. Monday through Sunday. The Chapel may be open to the public from 7:00 a.m. to 9:00 p.m. Monday through Sunday. The cemetery grounds for visits shall be open from 7:00 a.m. to dusk. The hours of operation are Monday through Sunday from 8:00 to 5:00. The condition is in compliance. 34. Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the site. Building permits cannot be issued if development does not comply with municipal utility requirements. The condition is in compliance. 35. Should the applicant fail to comply with any of these conditions of approval or mitigation measures, the City may initiate revocation procedures for this permit, which shall include a public hearing. Notice of said public hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. No action. 36. The overall building heights for the mausoleums are limited to the heights depicted in the Master Plan Revision booklet described in condition no. 1 above. The heights of each mausoleum building shall be certified by a registered Civil Engineer and submitted to the Planning, Building and Code Enforcement Department prior to building permit final. No height certification records were in the material provided for review. Applicant shall submit certification to the City. The condition is not in compliance. 37. The family mausoleum on Inspiration Slope shall be located as shown on the Master Plan Revision so as not to impair views from the Peninsula Verde neighborhood. The Director of Planning, Building and Enforcement shall approve the exact location and height of this mausoleum building. In 2006 the proposed mausoleum at Inspiration Slope was visually demonstrated to the neighbors via a mock-up / story pole installation at the site. The proposed project was publicly noticed, brought to a public hearing at the Planning Commission and as the record indicates, a large number of the residents directly adjacent to the east and northeast (in the City of Lomita) attended the hearing, submitted correspondence against the location of the mausoleum and asked the Planning Commission for help in moving the structure to a less impactful location. This was accomplished as the structure was moved downslope to the west and lowered more into the slope. The Planning Director approved the location and height of Inspiration Slope Mausoleum. The condition is in compliance. 23 38. With the exception of the mausoleum building on Inspiration Slope, all mausoleum buildings shall not exceed 20 -feet in height as measured from the average elevation of the finished grade at the front of the building to the highest point of the structure and 30 - feet when measured from the lowest finished grade adjacent to the building to the highest point of the structure. Inspiration Slope is currently under construction and will be certified for height once framing is completed. An additional compliance inspection is required. Height certifications for other structures could not be located in the record provided. The condition is not in compliance. 39. Temporary storage (up to 72 -hours) of interment excavations is allowed provided that such excavation is stored within an appropriate container. The City has no record of complaints of temporary storage of nterment excavations exceeding the 72 hour limit. The condition is in compliance. 40. Finish slopes and grades shall not exceed 3:1. City records do not indicate that development has been permitted on finished slopes and grades exceeding 3:1. The condition is in compliance. 41. On 4:1 or steeper slopes, erosion controlling plant material and other erosion control methods, such as jute netting, shall be required and installed. City records show Green Hills Grading and Erosion Control plans utilizing Best Management Practices, including jute netting on slopes 4:1 or steeper. The condition is in compliance. 42. Drought tolerant, low maintenance and erosion controlling landscaping is required in the western setback adjacent to the Pacifica Mausoleum expansion. The landscaping in the western setback adjacent to the Pacifica Mausoleum appears drought tolerant and low maintenance (field visit, October 18, 2014). The condition is in substantial compliance. 43. Landscaping and irrigation in all setbacks require review and approval by the Director of Planning, Building and Code Enforcement prior to installation. Irrigation systems shall be designed to provide adequate coverage with no over -spray, runoff, or excessive quantities of water output. Use of drip irrigation systems is required wherever possible. A low water use turf shall be used in all new lawn areas. Such landscape and irrigation plans for the setback areas shall be submitted to the Planning, Building and Code Enforcement for review and approval within 180 days of final approval of the Master Plan Revision. 24 The neighbors to the south have expressed concerns regarding watering timing and overspray from the rooftop lawn area of Mausoleum in Area 11. The Applicant has adjusted the watering schedule to avoid the overspray impact. In all other areas the landscaping and irrigation systems at Green Hills appear to be in good order without excessive overspray, etc. The condition appears to be in compliance. 44. On an annual basis, the applicant shall provide the City with copies of permits from The South Coast Air Quality Management District and Los Angeles County Fire Prevention Bureau for storage of fuel. The applicant shall also provide copies of permits from the Los Angeles County Fire Department, Hazardous Maintenance Division Section and Fire Prevention Bureau, for the chemicals stored in the embalming rooms in the Administration Building. Permits from the South Coast Air Quality Management District for the crematory must also be provided. Currently the required records are on file with the City and were submitted to the City on October 21, 2014. The condition is in compliance. 45. The applicant shall continue to provide training programs on a regular basis for new employees, in accordance with Cal OSHA recommendations on the proper handling and safety requirements of equipment and material in the mortuary and crematory. Currently the required records are on file with the City and were submitted to the City on October 21, 2014. The condition is in compliance. 46. On an annual basis, the applicant shall provide the City with a copy of permits and/or licenses from the State Cemetery and Funeral Board. Currently the required records are on file with the City and were submitted to the City on October 21, 2014. The condition is in compliance. 47. 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. Per Nick Resich, Park Operations Superintendent, the Park has done no work within the public right-of-way since he started in 2009. The condition is in substantial compliance. 48. 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. No action. 49. 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 Cemetery 25 development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. As previously stated, the 8 foot structure setback in Area 11, the 16 -foot setback for ground burials in the northwest corner, and the five foot setback for above ground structures on the west property line are not in compliance. 50. 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. No action by Applicant. 51. 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. No complaints on file. The condition is in substantial compliance. 26 SUMMARY • The 2007 Revised Green Hills Master Plan does substantially conform to the Planning Commission's conditions of approval. • The mausoleum structure in Areal 11 has been built per plans approved by the project planner and building official. • The mausoleum structure in Area 11 is not located in the Planning Commission's approved location as a variance was not approved for a setback reduction. The location is currently in violation of the RPVMC 17.28.040 as the required setback is 40 feet from the property line. • The ground burial interments in the northwest corner are within the 16 foot setback, and as such are not in compliance with the Planning Commission's approval. • The above ground structures found along the west property line are within the 5 foot setback, and as such are not in compliance with the Planning Commission's approval. III. DOCUMENTS FOR REVIEW: a. Peer Review Description. City b. Building Permit for Memorial Terrace Mausoleum dated, 02/16/12 c. Building Plans for the Memorial Terrace Mausoleum signed by the planner and building official d. Elevation Certificates signed and dated by a licensed surveyor e. Planning Application — Green Hills Memorial Cemetery f. 1991 Staff Report and Resolution for CUP No. 155 and VAR No. 262 — Adoption of Green Hills Master Plan g. 2007 Staff Report, Environmental Document and Resolutions for Adopting Revised Green Hills Master Plan h. All Planning documents for 27501 Western Avenue - Green Hills Memorial Cemetery from the 1980s to present According to City correspondence, these documents constitute the whole of the permit record for this property. 27