CC SR 20180116 01 - Green Hills AppealRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/16/2018
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding an appeal of the Planning Commission's
approval of a Grading Permit application for Green Hills Memorial Park (ZON2017-
00324).
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2018-, a Resolution of the City Council of the City of
Rancho Palos Verdes, denying the appeal and upholding the Planning
Commission's decision, thereby approving a Grading Permit to allow 41,200yd3
of balanced grading to accommodate the installation of vaults associated with
earth interments, 3' tall walls, and water features in the unimproved portions of
Area 5 (Arroyo Vista) of the Master Plan for Green Hills Memorial Park at 27501
Western Avenue.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation N/A
Account Number(s): N/A
ORIGINATED BY: So Kim, AICP, Deputy Director/Planning Manager`
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager JI -P-6
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2018-_ (page A-1)
B. Appeal Letter to the City Council (page B-1)
C. P.C. Resolution No. 2017-44 (page C-1)
D. November 28, 2017, P.C. Staff Report without attachments (page D-1)
E. Appeal Letter to the Planning Commission (page E-1)
F. Resolution No. 2017-03 (page F-1)
G. October 23, 2017 Director Staff Report without attachments (page G-1)
H. Project Plans (page H-1)
I. Area 6 Plans (page 1-1)
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BACKGROUND:
On February 19, 1991, the City Council certified a Mitigated Negative Declaration and
approved Conditional Use Permit No. 55, allowing for the Green Hills Cemetery Master
Plan, which called for development of the cemetery site over the next 100 years.
On April 24, 2007, the Planning Commission certified a Mitigated Negative Declaration
and approved a Revision to the Conditional Use Permit, allowing certain improvements
of the Green Hills Memorial Park over the next 30 to 50 years, including grading to
accommodate future interments.
On January 31, 2017, the City Council conducted an annual compliance review and
adopted Resolution No. 2017-03 (Attachment F), approving revisions to the Conditions
of Approval for the Green Hills Memorial Park Master Plan Conditional Use Permit. The
revised Conditions of Approval establish a review process for certain improvements that
requires either Director of Community Development ("Director"), Planning Commission,
or City Council review. Condition No. 2(a) of Resolution No. 2017-03 allows the Director
to either review or refer directly to the City Council the following improvements through
a Site Plan Review process:
• Minor modifications;
• Small buildings less than 120ft2 in size;
• Cemetery related features up to 16' in height;
• Fences, walls, or retaining walls; and,
• Grading to accommodate, among other things, the mass installation of interment
vaults provided the earth quantities comply with the limits established for each
Area.
On October 23, 2017, after issuing the required public notice, the Director conditionally
approved a Major Grading Permit to allow earth movement to accommodate the
installation of vaults associated with earth interments, 3' tall walls, and water features in
the unimproved portions of Area 5 (Arroyo Vista) of the Master Plan of Green Hills
Memorial Park (Attachment G). A Notice of Decision was issued, and on October 26,
2017, the Director's decision was appealed to the Planning Commission by Ms. Sharon
Loveys ("Appellant").
On November 28, 2017, the Planning Commission, after conducting a duly -noticed
public hearing and considering evidence presented in the record, adopted P.C.
Resolution No. 2017-44 (Attachment C), denying the appeal and upholding the
Director's approval of the proposed improvements. On December 13, 2017, the
Planning Commission's decision was appealed to the City Council by the Appellant.
On December 21, 2017, a 15 -day public notice announcing the City Council appeal
public hearing was provided to all property owners within a 500' radius of the subject
site, to listsery subscribers and to interested parties, and was published in the Palos
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Verdes Peninsula News. To date, no comments have been received in response to the
public notice.
DISCUSSION:
The appeal letter submitted by the Appellant for both the Director's (Attachment E) and
the Planning Commission's (Attachment B) decisions is substantially the same in terms
of the grounds of the appeal, as summarized below (Appeal points are underlined
followed by Staff's response):
Appeal Reason No. 1: "Installation of vaults in Areas 5 and 6 and the increase in
densitv are not lawfullv authorized under the Green Hills Master Plan."
The Appellant contends that before any grading is approved, the City must hold
hearings to discuss and determine the appropriate amount of density, and that the
proposed number of interments exceeds what is described in the Green Hills Master
Plan booklet. A Master Plan is a long-term conceptual layout that guides future growth
and development of a site. While the 2007 Master Plan Booklet has area descriptions
that include the number of interments, these numbers are general in nature and for
reference purposes only. There is no maximum limit to the density as Condition No. 1.g
of Resolution No. 2017-03 (Attachment F) allows additional interment areas by
retrofitting mausoleum and garden areas throughout the cemetery. Additionally,
Condition No. 9(a) of Resolution No. 2017-03 (Attachment F) expressly allows grading
to accommodate earth interments in Areas 5 and 6.
As for the need for public hearings, Condition No. 2.a(6) of Resolution No. 2017-03
(Attachment F) allows the Director to review grading applications associated with mass
installation of vaults without further review or public hearings.
Appeal Reason No. 2: "It is not clear whether the proposed quantity of grading falls
within the permitted levels of grading for Areas 5 and 6."
Condition No. 9 of Resolution No. 2017-03 (Attachment F) permits approximately
137,000yd3 of grading in Areas 5 and 6 to accommodate improvements associated with
earth interments. To date, a total of 27,169yd3 of grading has been conducted in Area 5.
With the proposed 41,200yd3 of grading combined with the previous 27,169yd3 of
grading, a total of 68,631yd3 of grading remains for Areas 5 and 6. The proposed
grading is consistent with the findings made by the City Council for the Master Plan and
the proposed contours will continue to resemble the existing contours as memorialized
in the City -accepted topographic plan in 2016. The final grades will be verified pursuant
to Condition No. 20, which requires the Applicant to submit an as -built topographical
survey to ensure that the finished contours match the 2016 baseline topographic plan,
consistent with Condition No. 1(b).
Appeal Reason No. 3: "The use of terms "lawn crypts" and "lawn niches" are unclear."
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The term "lawn crypts" is generally understood as earth interments, which is an in -
ground burial of a vault that contains remains. "Lawn niches" are generally understood
to be smaller vaults that contain urns for cremated remains, which are buried below
ground similar to lawn crypts.
Appeal Reason No. 4: "A soils report should be provided and approved before a
Grading Permit is approved or issued."
Condition No. 18 of Exhibit `A' requires a soils report to be reviewed and approved by
the City Geologist prior to permit issuance by the Building and Safety Division.
Appeal Reason No. 5: "A Grading Permit cannot be approved as Green Hills has not
complied with Resolution No. 2017-03 (Attachment F), Condition Nos. 9(b) and 9(f)."
The Appellant contends that the plan required by Condition No. 9(b) of Resolution
No. 2017-03 (Attachment F) to screen the area used for stockpiling should be approved
by the Planning Commission before the Grading Permit can be approved. Condition
No. 9(b) requires Green Hills to develop a plan for Area 6 to improve the aesthetic
condition of the area used for stockpiling, storage of materials, and trash through
enhanced screening and dust control measures. This Condition includes time frames for
installing and maintaining the screening, dust control measures, and plan submittal for
review and approval by the Director. The Applicant submitted a plan, which was
approved by the Director in February 2017. This plan identifies trash bin locations,
storage areas, and the location, color, and material of the new chain link fence that
provides adequate screening of this entire area. Staff is of the opinion that the Applicant
is in compliance with Condition No. 9(b), and that Planning Commission review of the
plan is not required (Attachment 1).
The Appellant believes that no Grading Permit should be issued until the Applicant
submits a landscaping plan for consistency with Condition No. 9(f). Condition No. 9(f) of
Resolution No. 2017-03 (Attachment F) requires the installation of landscaping along
the south perimeter wall for screening purposes, prior to the completion of the roadway.
The Applicant is working with the Rolling Hills Riviera Homeowner's Association to
develop a mutually -agreeable landscaping plan at this time. The installation of
landscaping is tied to the timing of the construction of a future roadway and not related
to the Planning Commission -approved Grading Permit.
Appeal Reason No. 6: "A Grading Permit should not be approved until an updated
Master Site Plan is submitted indicating that the proposed improvements are in
compliance with the 20' south setback, including clarification of the road and landscape
buffers."
A 20' setback is required from the south property line for earth interments. The
proposed plans show the existing perimeter wall, an 8' future landscape area, a 26'
wide roadway, and a sidewalk between the south property line and the edge of the earth
interments in Area 5. Based on the project plans, there is more than a 20' setback
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provided between the south property line and the proposed area that will accommodate
the earth interments.
In addition to the above appeal points, the Appellant asserts that the Applicant is in
violation of the Conditions of Approval set forth in City Council Resolution No. 2015-102
because the Applicant has not fulfilled its obligation to indemnify the City of Rancho
Palos Verdes in the amount of $700,000 related to the City's settlement agreement and
by refusing to mediate with Vista Verde residents. Resolution No. 2015-102 has been
superseded by Resolution No. 2017-03. Regardless, as previously addressed with the
Planning Commission, there has been no public discussion on Green Hills' potential
obligations under the settlement agreement, which is a separate matter that is not
related to the merits of the subject application. Additionally, Green Hills is not a party to
said settlement agreement.
As for mediation, Condition No. 11(h)(10) of Resolution No. 2017-03 requires Green
Hills to participate in a mediation process with the Vista Verde homeowners regarding
the Pacific Terrace/Memorial Mausoleum. Pacific Terrace/Memorial Mausoleum is
located at the opposite end of the property and is a separate matter not related to the
merits of the subject application.
The proposed Grading Permit is warranted because, pursuant to Condition of Approval
No. 2(a)(6) of Resolution No. 2017-03, the Director may approve grading for mass
installation of vaults and Condition of Approval No. 9(a) allows grading to accommodate
earth interments. Additionally, pursuant to the City's Grading Permit process, which
permits reasonable development of land, as conditioned through Resolution No. 2017-
03's Conditions of Approval, it is appropriate for the Director to determine that the
proposed project complies with the Master Plan. Lastly, the quantity of grading is within
the amount allowed for the proposed area, pursuant to Condition of Approval No. 9.
ADDITIONAL INFORMATION:
Quasi -Judicial Decision
This item is a quasi-judicial decision in which the City Council is being asked to affirm
whether specific findings of fact can be made in order to support approval of a
development application. The specific findings of fact are listed and discussed in the
`Background and Discussion' portion of the Staff Report.
Appeal Fees
Pursuant to RPVMC Section 17.80.120, if the City Council grants the appeal, the entire
$2,275.00 appeal fee will be refunded to the Appellant. If an appeal results in a
modification to the project, other than changes specifically requested in the appeal, then
one-half of the appeal fee shall be refunded to the Appellant. If the City Council denies
the appeal, the Appellant will not be refunded any of the appeal fee.
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CONCLUSION:
No additional or new information has been submitted by the Appellant since the
November 28, 2017, Planning Commission appeal hearing that warrants overturning the
Planning Commission's decision. Therefore, Staff recommends the City Council deny
the appeal and uphold the Planning Commission's decision to approve the proposed
Major Grading Permit for improvements in the unimproved portions of Area 5 (Arroyo
Vista) at Green Hills Memorial Park.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternatives actions are available
for the City Council's consideration:
1. Grant the appeal, thereby denying the Planning Commission's decision,
and direct Staff to return with an appropriate resolution at the next
meeting.
2. Modify the project on appeal, and direct Staff to return to the City Council
with a revised resolution at the next meeting.
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RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL
AND UPHOLDING THE PLANNING COMMISSION'S
DECISION APPROVING A GRADING PERMIT (CASE NO.
ZON2017-00324) TO ALLOW 41,200YD3 OF BALANCED
GRADING TO ACCOMMODATE THE INSTALLATION OF
VAULTS ASSOCIATED WITH EARTH INTERMENTS, 3'
TALL WALLS, AND WATER FEATURES IN THE
UNIMPROVED PORTIONS OF AREA 5 (ARROYO VISTA)
OF THE MASTER PLAN FOR GREEN HILLS MEMORIAL
PARK AT 27501 WESTERN AVENUE.
WHEREAS, on April 24, 2007, the Planning Commission adopted P.C.
Resolution No. 2007-32, certifying a Mitigated Negative Declaration, and adopted P.C.
Resolution No. 2007-33, approving amendments to the Green Hills Master Plan, which
called for development of the Green Hills Memorial Park ("Green Hills") over the next 30
to 50 years, and allows grading and mausoleum buildings to be constructed at various
specified locations throughout Green Hills cemetery; and,
WHEREAS, on November 17, 2015, the City Council adopted Resolution No.
2015-102, which, among other things, revised certain Conditions of Approval as part of
the Annual Review, and amended the Green Hills Cemetery Master Plan; and,
WHEREAS, on January 31, 2017, the City Council adopted Resolution No. 2017-
03, approving further revisions to the Conditions of Approval as part of the Annual
Review for the Green Hills Memorial Park Master Plan Conditional Use Permit; and,
WHEREAS, on July 21, 2017, pursuant to Condition No. 2.a(6) of Resolution No,
2017-03, Green Hills submitted a Major Grading Permit application requesting to
conduct earth movement to accommodate the installation of vaults associated with
earth interments, 3' tall walls, and water features in the unimproved portions of Area 5
(Arroyo Vista) of the Master Plan of Green Hills Memorial Park; and,
WHEREAS, on October 17, 2011, the Planning Division issued a ministerial
approval of a Grading Permit to allow 21,400yd3 of balanced grading to accommodate
the installation of vaults associated with earth interments in the unimproved areas of
Area 5 (Arroyo Vista); and,
WHEREAS, on July 2, 2015, the Planning Division issued a ministerial approval
of a Grading Permit to allow 5,769yd3 of balanced grading to accommodate the
installation of vaults associated with earth interments in the unimproved areas of Area 5
(Arroyo Vista); and,
WHEREAS, on October 23, 2017, the Director of Community Development
("Director") conditionally approved a Grading Permit allowing 41,200yd3 of balanced
grading to accommodate the installation of vaults associated with earth interments, 3'
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tall walls, and water features in the unimproved portions of Area 5 (Arroyo Vista) of the
City Council -Approved Master Plan for Green Hills Memorial Park (ZON2017-00324);
and,
WHEREAS, on October 26, 2017, Sharon Loveys ("Appellant") filed a timely
appeal requesting that the Planning Commission overturn the Director's decision
(ZON2017-00324) and deny the Applicant's Grading Permit; and,
WHEREAS, on November 28, 2017, the Planning Commission adopted P.C.
Resolution No. 2017-44, denying the appeal and upholding the Director's approval of a
Grading Permit allowing 41,200yd3 of balanced grading to accommodate the installation
of vaults associated with earth interments, 3' tall walls, and water features in the
unimproved portions of Area 5 (Arroyo Vista) of the City Council -Approved Master Plan
for Green Hills Memorial Park; and,
WHEREAS, on December 13, 2017, the Appellant filed a timely appeal
requesting that the City Council overturn the Planning Commission's decision
(ZON2017-00324) and deny the Applicant's Grading Permit; and,
WHEREAS, the appeal listed the following issues with the Planning
Commission's decision: 1) installation of vaults in Areas 5 and 6 and the increase in
density are not lawfully authorized under the Green Hills Master Plan; 2) it is not clear
whether the proposed quantity of grading falls within the permitted levels of grading for
Areas 5 and 6; 3) the use of the terms "lawn crypts" and "lawn niches" is unclear; 4)
soils report should be provided and approved before a Grading Permit is approved or
issued; 5) a Grading Permit cannot be approved as Green Hills has not complied with
Resolution No. 2013-07, Condition Nos. 9(b) and 9(f); and, a 6) Grading Permit should
not be approved until an updated Master Site Plan is submitted indicating that the
proposed improvements are in compliance with the 20' south setback, including
clarification of the road and landscape buffers; and,
WHEREAS, on December 21, 2017, pursuant to Section 17.80.090 of the
RPVMC, a 15 -day public notice was provided to all property owners within 500' radius
and published in the Palos Verdes Peninsula News; and,
WHEREAS, the City Council held a duly -noticed public hearing on January 16,
2018, at which time all interested parties were given an opportunity to be heard and
present evidence; and
WHEREAS, the proposed project has been determined to be in compliance with
the City Council -adopted Conditions of Approval for the Master Plan (Resolution No.
2017-03), which constitutes minor alterations to existing structures or facilities involving
negligible or no expansion of use, and will not have a significant effect on the
environment. Therefore, the proposed project is within the scope of the previously
adopted Mitigated Negative Declaration and no further environmental review is
necessary.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves 41,200yd3 of balanced grading to
accommodate the installation of vaults associated with earth interments, 3' tall walls,
and water features in the unimproved portions of Area 5 (Arroyo Vista) of the City
Council -approved Master Plan for Green Hills Memorial Park.
Section 2: The City Council finds issuance of the Grading Permit is warranted
because pursuant to Condition of Approval No. 2.a(6) of City Council Resolution No.
2017-03, the Director may approve grading for mass installation of vaults and Condition
of Approval No. 9.a allows grading to accommodate earth interments. Additionally, the
City Council finds pursuant to the City's Grading Permit process, which permits
reasonable development of land, as conditioned through Resolution No. 2017-03's
Conditions of Approval, it is appropriate for the Director to determine that the proposed
project complies with the Master Plan.
Section 3: The City Council finds that the proposed project substantially
complies with the Master Plan in that the proposed grading is within the maximum
allowed quantity of grading, the finished grades are consistent with the 2016 City -
approved baseline topography plan, and the proposed use is permitted for Area 5. The
Master Plan allows Area 5 to be developed with earth interments, and the proposed
project consists of grading to accommodate earth interments. No buildings, including
mausoleum buildings, are proposed in this area. Condition No. 9 of Resolution No.
2017-03 permits approximately 137,000yd3 of grading in Areas 5 and 6. The proposed
41,200yd3 of grading combined with the previously approved 27,169yd3 of grading,
results in a total of 68,631yd3 of grading remaining for future improvements in Areas 5
and 6. In assessing the project, the proposed contours are consistent with the baseline
topography plan accepted by the City on April 12, 2016. The proposed water features
and 3' tall walls are considered customary cemetery related features and are allowed
without further review.
Section 4: The City Council finds that the merits of the appeal are not
warranted as described below.
Appeal Reason No. 1: Ground for appeal: "Installation of vaults in Areas 5 and 6
and the increase in density are not lawfully authorized under the Green Hills Master
Plan."
The City Council finds that Condition No. 9.a of Resolution No. 2017-03
expressly allows grading to accommodate earth interments in Areas 5 and 6. There is
no maximum limit to the density as Condition No. 1.g of Resolution No. 2017-03 allows
additional interment areas by retrofitting mausoleum and garden areas throughout the
cemetery. Condition No. 2.a(6) of Resolution No. 2017-03 allows the Director to review
grading applications associated with mass installation of vaults without further review or
public hearings.
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Appeal Reason No. 2: "It is not clear whether the proposed quantity of grading
falls within the permitted levels of grading for Areas 5 and 6."
The City Council finds that Condition No. 9 of Resolution No. 2017-03 permits
approximately 137,000yd3 of grading in Areas 5 and 6 to accommodate improvements
associated with earth interments. The proposed 41,200yd3 of grading combined with the
previously approved 27,169yd3 of grading, results in a total of 68,631yd3 of grading
remaining for future improvements in Areas 5 and 6. The proposed grading is consistent
with the findings made by the City Council for the Master Plan and the proposed
contours will continue to resemble the existing contours as memorialized in the City -
accepted topographic plan in 2016. The Applicant is required to submit an as -built
topographical survey to ensure that the finished contours match the 2016 baseline
topographic plan pursuant to Condition No. 1(b) of Resolution No. 2017-03.
Appeal Reason No. 3: "The use of terms "lawn crypts" and "lawn niches" are
unclear."
The City Council finds that the term "lawn crypts" is generally understood to be
earth interments, which is the in -ground burial of vaults that contain remains, and that
"lawn niches" are generally understood to be smaller vaults that contain urns for
cremated remains, which are buried below ground similar to "lawn crypts".
Appeal Reason No. 4: "A soils report should be provided and approved before a
Grading Permit is approved or issued."
The City Council finds that a soils report is required to be reviewed and approved
by the City Geologist prior to permit issuance by the Building and Safety Division.
Appeal Reason No. 5: "A Grading Permit cannot be approved as Green Hills
has not complied with Resolution No. 2013-07, Condition Nos. 9(b) and 9(f)."
The City Council finds that Condition No. 9(b) requires Green Hills to develop a
plan for review and approval by the Director that mitigates the unsightly aesthetic
conditions related to the stockpiling, storage of materials, and trash through improved
screening and dust control measures in Areas 5 and 6. Green Hills is in compliance with
Condition No. 9(b) as the plan was submitted and approved by the Director in February
2017.
Condition No. 9(f) of Resolution No. 2017-03 requires the installation of
landscaping along the south perimeter wall for screening purposes prior to the
completion of the roadway. Green Hills is working with the Rolling Hills Riviera
Homeowner's Association to develop a mutually agreeable landscaping plan at this
time. The installation of landscaping is tied to the timing of the construction of a future
roadway and not related to the Grading Permit.
Appeal Reason No. 6: "A Grading Permit should not be approved until an
updated Master Site Plan is submitted indicating that the proposed improvements are in
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compliance with the 20' south setback, including clarification of the road and landscape
buffers."
The City Council finds that for earth interments, a 20' setback is required from the
south property line. The proposed plans show the existing perimeter wall, what appears
to be an 8' future landscape area, a 26' wide roadway, and a side walk between the
south property line and the edge of the earth interments in Area 5. Based on the project
plans, there is more than a 20' setback provided between the south property line and
the proposed interments.
Section 5: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings, the City
Council of the City of Rancho Palos Verdes hereby adopts this Resolution No. 2018-,
denying the appeal and upholding the Planning Commission's approval of a Grading
Permit allowing 41,200yd3 of balanced grading to accommodate the installation of vaults
associated with earth interments, 3' tall walls, and water features in the unimproved
portions of Area 5 (Arroyo Vista) of the City Council -approved Master Plan for Green
Hills Memorial Park at 27501 Western Avenue, subject to the conditions set forth in the
attached Exhibit `A' (ZON2017-00324).
PASSED, APPROVED AND ADOPTED this 16th day of January 2018.
Susan Brooks, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the above Resolution No. 2018-_ was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on January 16, 2018.
City Clerk
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
GRADING PERMIT (ZON2017-00324)
27501 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK)
General Conditions:
1. This approval allows 41,200yd3 of balanced grading (20,600yd3 of cut and
20,600yd3 of fill) to accommodate the installation of vaults associated with earth
interments in the unimproved portions of Area 5 (Arroyo Vista) of the Master
Plan. Walls measuring 3' in height are approved to enclose the family estate
areas, along portions of the walkways and water features (shallow ponds and
channels approximately 1' in depth).
2. Prior to any permit issuance, the water features (shallow ponds and channels)
shall be designed utilizing rocks and vegetation to resemble a natural pond and
stream as deemed acceptable by the Director of Community Development.
3. The Conditions of Approval under Resolution No. 2017-03 shall remain in full
force and effect, unless amended in the future by the City Council in which those
Conditions of Approval shall remain in full force and effect, in combination with
the conditions set forth herein.
4. Prior to the submittal of plans into Building and Safety Plan Check, the Applicant
and the 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
Exhibit "A". Failure to provide said written statement within ninety (90) days
following the date of this approval shall render this approval null and void.
5. The Applicant shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
6. 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.
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7. Pursuant to Council -adopted Condition No. 2.a(1), the Director of Community
Development is authorized to make minor modifications through a Grading
Permit to the approved plans and any of the conditions that will achieve
substantially the same results as would strict compliance with such plans and
conditions. Any substantial change to the project shall require approval of a
revision by the final body that approved the original project, which may require
new and separate environmental review.
8. 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 development standards of the City's Municipal Code,
Conditions of Approval, including but not limited to height, setback and lot
coverage standards.
9. Failure to comply with and adhere to all of these Conditions of Approval and the
Conditions of Approval set forth in City Council -adopted Resolution No. 2017-03
or future related Council -adopted Resolutions, 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 or administrative citations as
described in Section 1.16 of the City's Municipal Code.
10. In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the stricter
standard shall apply.
11. Unless otherwise designated in these Conditions of Approval, all construction
shall be completed in substantial conformance with the plans stamped APPROVED
by the City with the effective date of this Exhibit "A".
12. This approval is only for the items described within these Conditions and
identified on the stamped APPROVED plans and is not an approval of any existing
illegal or legal non -conforming structures on the property, unless the approval of
such illegal or legal non -conforming structure is specifically identified within these
conditions or on the stamped APPROVED plans.
13. 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.
14. 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 to: the accumulation of debris, garbage, lumber, scrap
metal, concrete, asphalt, piles of earth, salvage materials, abandoned or
01203.0005/438360.2
A-7
discarded furniture, appliances or other household fixtures. 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_lawful manner.
15. 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.
16. Construction and grading activities, including but not limited to equipment warm
up, geologic investigations, interments excavation for placement of vaults and
installation or removal of large landscape materials or landscaping maintenance
shall be limited to 7:00 a.m. to 4:00 p.m. on weekdays only. Notwithstanding the
foregoing, within 120 feet of any property line abutting a Residential Zoning
District, no construction or grading, including grading operations to prepare sites
for earth interments, shall occur before 9:00 a.m. or after 3:30 p.m. All equipment
shall be equipped with a muffler to reduce on-site grading and construction noise
levels.
17. Construction shall not impede on pedestrian and vehicular circulation, including
ingress and egress to the subject property.
18. Prior to any permit issuance, all applicable soils/geotechnical reports shall be
approved by the City's Geologist.
19. Prior to any permit issuance, all applicable drainage plans shall be reviewed
and approved by the City Engineer.
20. Prior to any grading permit final, the Applicant shall submit an as -built
topographical survey prepared and wet -stamped by a licensed engineer
depicting the finished grades.
01203.0005/438360.2
A-8
NOTICE OF APPEAL TO RANCHO PALOS VERDES CITY COUNCIL OF SHARON
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LOVEYS TO DECISION OF PLANNING COMMISSION DATED NOVEMBER 28, 2017Uj
REGARDING GREEN HILLS REQUEST FOR GRADING PERMIT
CASE NO. ZON2017-00324 G r--
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The Grading Permit should not be approved for the following reasons: W
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1. Condition No. Green Hills is in violation of its obligation to Indemnity the City of
Rancho Palos Verdes in the sum of $700,000 pursuant to the conditions and land use
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entitlement terms approved by the City in Resolution No. 2015-102 dated November 17,
2015, and in particular, Paragraph 15 of the Resolution (Indemnification) and Paragraph
41 of the Conditions. Green Hills is in further violation of the conditions by virture of its
refusal, despite the request of 25 Vista Verde Residents, to mediate their pending dispute
with Green Hills. Pursuant to Paragraph 13 of the foregoing Resolution, the City should
not approve any further land use entitlements to Green Hills when Green Hills is out of
compliance with the foregoing conditions and land use entitlement terms set out in City
Council Resolution No. 2015-012.
2. This "Grading Permit" application is really a disguised application to install vaults in
Areas 5 & 6 which have not been lawfully authorized under Green Hills Master Plan.
Appellant disputes the City's contention that the Master Plan contains no limits with
regard to the number of earth interments permitted. To the extent that such is the case,
then Appellant contends that before any grading is approved (since the only purpose of
grading is to prepare the land for the installation of interment vaults), the City must hold
hearings so that the appropriate amount of allowed density is discussed and determined.
Green Hills has no "by right" entitlement to inter individuals anywhere in the cemetery.
The right to inter human remains is a conditional right, premised on the degree of intensity
and density of use. The Director and the City needs to make a specific "Finding" under
Chapter 17.28 of the Rancho Palos Verdes Municipal Code, and specifically Section
17.28.030(H) that the proposed use contemplated (stated as the installation of an
undetermined number of vaults (needed for earth interments) will not be "more intensive"
than the use and degree and intensity of use currently permitted under Green Hills Master
Plan. The Planning Commission's attempt to ignore this requirement by finding that
Green Hills is relieved of any obligation, going forward, to identify the "density" and
"intensity" of use contemplated under the Green Hills Master Plan for Areas 5 and 6 is
erroneous. At no time has Green Hills ever applied to the City to formally amend the
Master Plan; and any action by the City Council in wiaving or ignoring the conditions and
qualifications of the Master Plan based one or more past "compliance reviews" is
misplaced.
Green Hills has a demonstrated history of practicing deception and bad -faith on the City
and on the residents of the City, including Green Hills continued failure to honor its
1
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obligation to reimburse the City $700,000 spent by the City in connection with the
litigation and settlement of the Loveys vs. City of Rancho Palos Verdes Matter. Green
Hills was found to have practiced deception and bad -faith in connection with the
construction of the Pacific Terrace Mausoleum by two independent investigative agencies
hired by the City.
Green Hills is doing the exact same thing again... attempting to get a "leg up" and faux
entitlement by asking for grading rights without making clear how the number of
interment vaults contemplated by this permit ties in with the broader mandate set out in
the Master Plan.
To the extent the City may contend that the City Council has lawfully amended the Master
Plan in any manner which contradicts the April, 2007 Master Plan Amendment as it
relates to Areas 5 and 6, Appellant contends that such action was ultra vires, and therefore
null and void because any such amendments, if they were made, were done in the context
of a Yearly Review and were never made in the context of a specific General Plan
Amendment.
It is Appellant's position that General Plan Amendments must be processes as such; and
cannot come in the form of, or under the guise of "Building Permit Applications", or
"Yearly Performance Reviews" of any kind.
3. Since filing her Appeal, it has come to Appellant's attention that Green Hills refuses to
honor its unsecured promise to indemnity to reimburse the City of Rancho Palos Verdes
for all sums paid by the City to defend the entilements granted to Green Hills in
connection with the Pacific Terrace Mausoleum project. The City of Rancho Palos Verdes
has demanded that Green Hills pay the City $700,000 (approx.) the City incurred in
attorney's fees, costs, and settlement costs in defense of the entitlements granted to Green
Hills in support of the construction of the Pacific Terrace Mausoleum. Green Hills has
refused the City's payment demand. This puts Green Hills in violation of an express
condition of entitlement incorporated into the Resolution approved by the City Council on
November 17, 2015 (Condition No. 41(c) of Resolution No. 2015-22 signed by the Mayor
on November 17, 2016). So long as Green Hills is in violation of the conditions attendant
to the Pacific Mausoleum project, either revocation proceedings should be commended;
and the processing of all permits suspended pending Green Hills complaince with this
condition and any other condition which is later determined to have been violated by
Green Hills.
Therefore, the comments below need to be viewed in this context.
With regard to the Specific Items which make up this appeal, Appellant notes as follows:
MR
1. The Director cannot make a "Finding" that the proposed "project" (the issuance of
a `Grading Permit') is in substantial compliance with the Green Hills Master Plan becaues
it is not clear whether the proposed amount of cubic yards proposed to be graded falls
within the permitted Ievel of grading for Areas 5 and 6 contemplated under the Master
Plan. The situation is confusing and needs to be clarified as follows:
a. Under the Master Plan Area 5 contemplated "gross dirt movement" of
79,252 cubic yards. Area 6 was permitted up to 201,421 cubic yards. This total was later
modified on January 31, 2017, as per Resolution No. 2017-03 to a combhled 137,000
cubic yards for both Areas 5 and 6 (See Below).
City's Response and Planning Commission Decision Inadequate: The
City contends that the only 27,169 cubic yards of grading have been done. There is no
documentation to support this. The City contends that the proposed contours are consistent
with baseline topography plan. There are no documents to support this. The City contends
that the City Council Resolution 2017-03 controls. Appellant disputes this for the reasons
cited above (i.e. the scope of the Resolution was limited to a yearly performance review.
The Council cannot amend the Master Plan under the false guise or auspices of having
conducted a yearly review).
b. It needs to be clarified how the proposed 41,200 cubic yards of "gross
dirt movement" contemplated by this grading permit fits within the above -stated
parameters. Until that "finding" is made, the permit cannot be approved.
2. The Director cannot make a "Finding" that the proposed "project" (the issuance of
a `Grading Permit') is in substantial compliance with the Green Hills Master Plan because
the total number of "earth interments" to be permitted under the Grading Permit
Application is not made clear; nor can it be determined whether the `density' and
`intensity' of the proposed use (i.e. the number of "earth interments") is consistent with
the number permitted under the Master Plan. That is because there has never been a
complete and thorough inventory under any of the past compliance review procedures and
protocols as to whether the total number of "earth interments" in place is consistent with
the total number of "earth interments" contemplated and "permitted" under the Green
Hills Master Plan. Until such an inventory has been completed and approved by the
Planning Commission, the Director cannot make a "Finding" that the proposed number of
"vaults" to be installed (again not specified) is consistent with the number permitted under
the Master Plan. If the number is not consistent, then instead of a "Permit Application",
Green Hills must apply for and procure an amendment to the Green Hills Master Plan, or
otherwise seek a variance.
City's Response and Planning Commission's Decision Inadequate: For the reasons
noted above, no grading permit can or should be approved until the City makes a specific
"Finding" that the number of earth interments contemplated by the vault installation and
3
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storage (which the grading will facilitate) is equal to or less than the number of earth
interments contemplated under the April, 2007, Master Plan, as lawlf illy amended (and
Appellant contends that the Master Plan has never been amended with regard to Areas 5 &
6 as it pertains to the number of "permitted" earth interments.
The use of the term "lawn crypts" is unclear; as is the term "lawn niches". These are
not terms which are defined or used in the City's zoning law, or in the State law (which
contemplates only three types of "interments": (1) earth interments; (2) vault interments
inside a mausoleum, and (3) cineary interments in a colombarium. (See Health & Safety
Code §7009 (Definition of "Intermenet"). The reason why the term "Lawn Crypts" is
misleading is because by definition, "crypts" are placed inside a mausoleum (Health &
Safety Code §7015).
For reasons which can only be concluded to mislead, Green Hills and the City
continue to use terms which are not defined in law, refuse to identify specifically the
number of "earth interments", the number pof "vault" or "crypt" interments inside a
mausoleum, and the number of cinerary interments contemplated under the Master Plan.
This is evidence of Green Hills intent to continue to mislead and deceive the City. To the
extent that the City continues to allow such deception, the City is allowing its lawful
processes to be prejudiced.
Green Hills should be "permitted" to make use of its land consistent with the Master
Plan and its business objectives. By the same token, the community should be given the
right to ensure that the City's laws related to Green Hills' use of its property aligns with
and is otherwise consistent with the City's laws and the state's laws.
When the City refuses and continues to refuse to require Green Hills to define
precisely the use and intensity of the use of its property. This undermines the abilty of the
City to ensure that the zoning laws and development limitations set out in the City's
Zoning Law (Chapter 17.28) are faithfully and competently carried out.
3. The Director cannot approve a Grading Permit in the absence of the Director's
receipt and approval of a soils report as required under Item No. 10) of the Master Plan
Conditions.
City's Reponse: The City admits that no soils report has been provided. Maintains the
position that until a soils report is provided and approved (after proper public disclosure),
no Grading Permit should be approved or issued.
4. The Director cannot approve this Grading Permit because Green Hills has not
complied with the requirements of Item 9(b) (reprinted below) to provide to the City and
to the Public a plan for review and approval by the Director of unsightly aesthetic
4
conditions relating to the stock -piling, storage of materials and vaults, and trash, including
screening and dust control measures.
City's Reponse: Green Hills has submitted a Plan to Staff. Appellant contends this is
not sufficient given Green Hills prior history. The Plan to remove the unsightly aesthetic
conditions has not been approved by the Commission or distributed to the Public. Before
any grading permit has been approved, or granted, the (staff approved) Plan needs to be
reviewed by the Planning Commission.
5. The Director cannot approve this Grading Pemit until Green Hills delivers a plan
for proper landscaping buffering consistent with Item No. 9(f) of the revised Master Plan
Conditions (reprinted below).
City's Response: Green Hills continues to work with the neighbors on this issue, but
no final resolution has been reached. Therefore, Appellant believes that no grading permit
should be issued until a final resolution has been reached; as per Condition 9(f).
6. The Director cannot approve this Grading Permit unless and until the Director has
further amended the visual depiction of the Green Hills Master Plan to bring it into
conformity with the noted set -back distances (20 feet to the south and clarifies the road
and landscape buffer and whether said road and landscape buffer are included within the
boundaries of the set -back).
City's Response: The proposed interments contemplated under this grading proposal
are outside the 20' set -back and thus consistent with the Green Hills Master Plan. If so,
this should be clearly set forth in the City's and Green Hills' presentation to the Planning
Commission.
5
09
Green Hills Memorial Park
info Map
Interactive map and GPS data:
GPS Coordinates: Latitude: 33.77310, Longitude: -118.31330
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• c --la . 7 Google Imagery aC2017. DghalGlobe, Sanbom, U.S. Geological Survey, + r, Rom mw senor
Area 5 — Depiction of "Area 5" from Green Hills Website showing vacant land to be used for "earth
interments" by Green Hills. Under the Master Plan, Area 5 is stated to be "Lake View Garden" (See
N
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Below). Approved are 3,440 Double -Depth Lawn Crypts and 58 Family Estates. Lawn Crypts are
considered "ground burials" (legally known as "earth interments" (Health & Safety Code Section 7009
(Definition of "Interment"); Health & Safety Code Section 7013 (definition of "Burial"); Health &
Safety Code Section 7014 (Definition of "Grave").
AREA 4 NORTH TERRACE GARDEN
3 2 Acres Total Development
Ground Burials
2921 Double Depth Lawn Crypts
Family Estates
200 Family Estates (8 — 12 capacity)
AREA 5 LAKE VIEW GARDEN
5 0 Acres total Development
Ground Burials
3440 Double Depth Lawn Crypts
Family Estates
58 Family Estates (8 —12 capacity)
AREA 6 LAKE VIEW TERRACE
6.95 Acres Total Development
Three level Mausoleum Development (One level at grade,
two levels below grade) / 2.75 acres total building footprint
Five separate buildings
7812 crypts / 4680 niches total interment count
Building height per Resolution No. 91-7
Ground Burials
3120 Double Depth Lawn Crypts
AREA 7 SOUTH WEST TERRACE
grade)
1 63 Acres Total Development
Two level mausoleum (One level at grade, one level below
Mausoleum to be constructed as five separate phases
1248 crypts in each phase 16240 total crypt count
Building height per Resolution 91-7
Ground Burials
510 Double Depth Lawn Crypts
IV
Page "IV" of the 2007 Green Hills Master Plan approved April, 2007.
7
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9. Areas 5 and 6:
a. Grading. Approximately 137,000 cubic yards of grading is permitted to
accommodate future mausoleum buildings and earth interments.
PREVIOUSLY CONDITION NO. 1.h OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
b. Excess Material/Stockpiling. Excess earth material resulting from interment sites,
ground spoils, construction, or site grading, shall be permitted to be
stored/stockpiled. No later than May 5, 2017,the property owner shall develop a
plan for review and approval by the Director that mitigates the unsightly aesthetic
conditions related to the stockpiling, storage of materials and trash through
improved screening and dust control measures. The plan shall include time frames
for installing and maintaining the screening and dust control measures.
PREVIOUSLY CONDITION NO. 1h OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
c. Mausoleums in Area 6. Allow 5 separate mausoleum buildings with each footprint
measuring approximately 24,000 square feet, subject to City Council review as
described in Condition No. 2b.
d. Structure Setbacks:
West: 5 feet
South: 40 feet
e. Earth Interments Setbacks:
West: 5 feet
South: 20 feet (presumes 8 foot landscape buffer and 10 foot wide
roadway)
Landscape Screening. Landscaping shall be planted within 8' of the south
perimeter wall on the cemetery side prior to the completion of the roadway (refer
to Condition 11.g above) for screening purposes. Landscaping shall measure at
least 8 feet in height from adjacent grade. Neither the existing nor proposed
landscaping shall significantly impair any near or far view as defined by the
Development Code. The property owner shall be responsible for continuous
maintenance of this landscaping.
PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
12
Page 12 of Staff Report to Planning Commission Dated February 8, 2017 Detailing Master Plan
Conditions of Development for Areas 5 and 6
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P.C. RESOLUTION NO. 2017-44
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES DENYING THE
APPEAL AND UPHOLDING THE DIRECTOR'S DECISION
APPROVING A GRADING PERMIT (CASE NO. ZON2017-
00324) TO ALLOW 41,200YD3 OF BALANCED GRADING
TO ACCOMMODATE THE INSTALLATION OF VAULTS
ASSOCIATED WITH EARTH IMPROVEMENTS, 3' TALL
WALLS, AND WATER FEATURES IN THE UNIMPROVED
PORTIONS OF AREA 5 (ARROYO VISTA) OF THE
MASTER PLAN FOR GREEN HILLS MEMORIAL PARK
AT 27501 WESTERN AVENUE.
WHEREAS, on April 24, 2007, the Planning Commission adopted P.C. Resolution No.
2007-32, certifying a Mitigated Negative Declaration and adopted P.C. Resolution No. 2007-33,
approving amendments to the Green Hills Master Plan, which called for development of the
Green Hills Memorial Park ("Green Hills") over the next 30 to 50 years, and allows grading and
mausoleum buildings to be constructed at various specified locations throughout Green Hills
cemetery; and,
WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-102,
which, among other things, revised certain Conditions of Approval, and amended the Green
Hills Cemetery Master Plan; and,
WHEREAS, on January 31, 2017, the City Council adopted Resolution No. 2017-03,
approving revisions to the Conditions of Approval as part of the Annual Review for the Green
Hills Memorial Park Master Plan Conditional Use Permit; and,
WHEREAS, on July 21, 2017, pursuant to Council -adopted Condition No. 2.a(6) of
Resolution No, 2017-03, Green Hills Memorial Park submitted a Major Grading Permit
application requesting to conduct earth movement to accommodate the installation of vaults
associated with earth interments, 3' tall walls, and water features in the unimproved portions of
Area 5 (Arroyo Vista) of the Master Plan of Green Hills Memorial Park; and,
WHEREAS, on October 23, 2017, the Director of Community Development ("Director")
conditionally approved a Grading Permit allowing 41,200yd3 of balanced grading to
accommodate the installation of vaults associated with earth interments, 3' tall walls, and water
features in the unimproved portions of Area 5 (Arroyo Vista) of the City Council -Approved
Master Plan for Green Hills Memorial Park (ZON2017-00324); and,
WHEREAS, on October 24, 2017, a written notice of the Director's decision was
provided to all property owners within 500' radius of the subject site in accordance with Rancho
Palos Verdes Municipal Code (RPVMC) Section 17.80.090; and,
WHEREAS, on October 26, 2017, Sharon Loveys filed a timely appeal requesting that
the Planning Commission overturn the Director's decision (ZON2017-00324) and deny the
Applicant's Grading Permit; and,
P.C. Resolution No. 2017-44
Page 1
C-1
WHEREAS, the appeal listed the following issues with the Director's decision: 1)
installation of vaults in Areas 5 and 6 and the increase in density are not lawfully authorized
under the Green Hills Master Plan; 2) it is not clear whether the proposed quantity of grading
falls within the permitted levels of grading for Areas 5 and 6; 3) and use of terms "lawn crypts"
and "lawn niches" are unclear; 4) soils report should be provided and approved before a
Grading Permit is approved or issued; 5) a Grading Permit cannot be approved as Green Hills
has not complied with Resolution No. 2013-07, Condition Nos. 9(b) and 9(f); and, a 6) Grading
Permit should not be approved until an updated Master Site Plan is submitted indicating that the
proposed improvements are in compliance with the 20' south setback, including clarification of
the road and landscape buffers; and,
WHEREAS, on November 2, 2017, pursuant to Section 17.80.090 of the RPVMC, a 15 -
day public notice was provided to all property owners within 500' radius and published in the
Palos Verdes Peninsula News; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on November
28, 2017, at which time all interested parties were given an opportunity to be heard and present
evidence; and
WHEREAS, the proposed project has been determined to be in compliance with the City
Council -adopted Conditions of Approval for the Master Plan (Resolution No. 2017-03), which
constitutes minor alterations to existing structures or facilities involving negligible or no
expansion of use, and will not have a significant effect on the environment. Therefore, the
proposed project is within the scope of the previously adopted Mitigated Negative Declaration
and no further environmental review is necessary.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves 41,200yd3 of balanced grading to
accommodate the installation of vaults associated with earth interments, 3' tall walls, and water
features in the unimproved portions of Area 5 (Arroyo Vista) of the City Council -Approved
Master Plan for Green Hills Memorial Park.
Section 2: The Planning Commission finds that the Director's approval of the
Grading Permit is warranted because pursuant to Condition of Approval No. 2.a(6) of City
Council Resolution No. 2017-03, the Director may approve grading for mass installation of
vaults, and Condition of Approval No. 9.a allows grading to accommodate earth interments.
Additionally, the Planning Commission finds that the City's Grading Permit process, which
permits reasonable development of land and as conditioned through Resolution No. 2017-03's
Conditions of Approval, is appropriate for the Director to determine that the proposed project
complies with the Master Plan. More specifically, the Planning Commission finds that the
proposed project is in compliance with the required 20' setback from the south property line for
earth interments and finds that the proposed improvements substantially comply with the Master
Plan.
Section 3. The Planning Commission finds that the proposed project substantially
complies with the Master Plan in that the proposed grading is within the maximum allowed
quantity of grading, the finished grades are consistent with the 2016 City -approved baseline
topography plan, and the proposed use is permitted for Area 5. The Master Plan allows Area 5
to be developed with earth interments, and the proposed project consists of grading to
P.C. Resolution No. 2017-44
Page 2 C-2
accommodate the earth interments. No buildings, including mausoleum buildings, are proposed
in this area. Condition No. 9 of Resolution No. 2017-03 permits approximately 137,000yd3 of
grading in Areas 5 and 6. To date, a total of 27,169yd3 of grading has been conducted in Area 5
to accommodate future earth interment sites. The proposed 41,200yd3 of grading combined with
the previous 27,169yd3 of grading, results in a total of 68,631yd3 of grading remaining for Areas
5 and 6. In assessing the project, the proposed contours are consistent with the baseline
topography plan accepted by the City on April 12, 2016. The proposed water features and 3' tall
walls are considered customary cemetery related features and are allowed without further
review.
Section 4: The Planning Commission finds that the merits of the appeal are not
warranted as described below.
Appeal Reason No. 1: Ground for appeal: "Installation of vaults in Areas 5 and 6 and
the increase in density are not lawfully authorized under the Green Hills Master Plan." The
Planning Commission finds that Condition No. 9.a of Resolution No. 2017-03 expressly allows
grading to accommodate earth interments in Area 5 and 6. Condition No. 1.g allows additional
interment areas by retrofitting mausoleum and garden areas throughout the cemetery. Condition
No. 2.a(6) allows the Director to review grading applications associated with mass installation of
vaults.
Appeal Reason No. 2: "It is not clear whether the proposed quantity of grading falls
within the permitted levels of grading for Areas 5 and 6."
The Planning Commission finds that Condition No. 9 of Resolution No. 2017-03 permits
approximately 137,000yd3 of grading in Areas 5 and 6 to accommodate improvements
associated with earth interments. To date, a total of 27,169yd3 of grading has been conducted in
Area 5. With the proposed 41,200yd3 of grading combined with the previous 27,169yd3 of
grading, a total of 68,631 yd3 of grading remaining for Areas 5 and 6. The proposed grading is
consistent with the findings made by the City Council for the Master Plan and the proposed
contours will continue to resemble the existing contours as memorialized in the City -accepted
topographic plan in 2016.
Appeal Reason No. 3: "The use of terms "lawn crypts" and "lawn niches" are unclear."
The Planning Commission finds that the term "Lawn crypts" is generally understood as
earth interments, which is an in -ground burial of a vault that contain remains and "Lawn niches"
are generally understood as smaller vaults that contain urns for cremated remains, which are
buried below ground similar to "lawn crypts".
Appeal Reason No. 4: "A soils report should be provided and approved before a
Grading Permit is approved or issued."
The Planning Commission finds that a soils report is required to be reviewed and
approved by the City Geologist prior to permit issuance by the Building and Safety Division. This
soils report requirement has no relation to Condition 10) of Resolution No. 2017-03, which
requires a soils testing protocol report be submitted to the City Council prior to the next annual
review in 2018.
Appeal Reason No. 5: "A Grading Permit cannot be approved as Green Hills has not
complied with Resolution No. 2013-07, Condition Nos. 9(b) and 9(f).
P.C. Resolution No. 2017-44
Page 3
C-3
The Planning Commission finds that Condition No. 9(b) requires Green Hills to develop a
plan for Area 6 to mitigate the unsightly aesthetic conditions related to the stockpiling, storage of
materials, and trash through improved screening and dust control measures. The plan shall
include time frames for installing and maintaining the screening and dust control measures. The
Applicant submitted the plan, which was approved by the Director in February 2017. This plan
identifies trash bin locations, storage areas, and the location, color, and material of the new
chain link fence screening the entire area. Therefore, the Applicant is in compliance with
Condition No. 9(b). The Appellant contends that the plan should be approved by the Planning
Commission before the Grading Permit can be approved. Condition No. 9.b requires that the
plan be submitted for review and approval by the Director. Therefore, Planning Commission
review is not required.
Condition No. 9(f) requires the installation of screening along the south perimeter wall
prior to the completion of the roadway. Green Hills has not submitted plans to improve said
street. Therefore, Condition No. 9(f) is not required for compliance at this time. The Applicant
has been working with the neighboring Rolling Riviera Homeowner's Association and Neighbors
to develop a mutually agreeable fencing plan along the southern property line. At this time, a
final design has not been selected. The Appellant believes that no Grading Permit should be
issued until a final resolution has been reached with the neighbors. Condition No. 9(f) requires
that the landscaping be planted prior to the completion of the southerly roadway. There is a
separate time limit in which the landscape needs to be planted, which is separate and not
related to the proposed project.
Appeal Reason No. 6: "A Grading Permit should not be approved until an updated
Master Site Plan is submitted indicating that the proposed improvements are in compliance with
the 20' south setback, including clarification of the road and landscape buffers."
The Planning Commission finds that for earth interments, a 20' setback is required from
the south property line. The proposed plans show the existing perimeter wall, what appears to
be a future landscape area, a 26' wide roadway, and a side walk between the south property
line and the edge of the earth interments in Area 5. Based on the project plans, there is more
than a 20' setback between the south property line and the proposed interments.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No 2017-_,
denying the appeal and upholding the Director's approval of a Grading Permit allowing
41,200yd3 of balanced grading to accommodate the installation of vaults associated with earth
interments, 3' tall walls, and water features in the unimproved portions of Area 5 (Arroyo Vista)
of the City Council -Approved Master Plan for Green Hills Memorial Park at 27501 Western
Avenue, subject to the conditions set forth in the attached Exhibit 'A' (ZON2017-00324).
Section 6: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 p.m. on Wednesday,
December 13, 2017. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is
filed timely, the Planning Commission's decision will be final at 5:30 p.m. on Wednesday,
December 13, 2017.
P.C. Resolution No. 2017-44
Page 4
C-4
PASSED, APPROVED AND ADOPTED this 28th day of November 2017, by the following vote:
AYES: Commissioners Leon, Bradley, Nelson, Tomblin, and Vice -Chairman James
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Emenhiser
r - -
Ara n,
Director of Community Development; and,
Secretary of the Planning Commission
Willian J. James
Vice -Chairman
P.C. Resolution No. 2017-44
Page 5
C-5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
GRADING PERMIT (ZON2017-00324)
27501 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK)
General Conditions:
This approval allows 41,200yd3 of balanced grading (20,600yd3 of cut and 20,600yd3 of
fill) to accommodate the installation of vaults associated with earth interments in the
unimproved portions of Area 5 (Arroyo Vista) of the Master Plan. Walls measuring 3' in
height are approved to enclose the family estate areas, along portions of the walkways
and water features (shallow ponds and channels approximately 1' in depth).
2. Prior to any permit issuance, the water features (shallow ponds and channels) shall be
designed utilizing rocks and vegetation to resemble a natural pond and stream as
deemed acceptable by the Director of Community Development.
3. The Conditions of Approval under Resolution No. 2017-03 shall remain in full force and
effect, unless amended in the future by the City Council in which those Conditions of
Approval shall remain in full force and effect, in combination with the conditions set forth
herein.
4. Prior to the submittal of plans into Building and Safety Plan Check, the Applicant and the
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 Exhibit "A". Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
5. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other
actions and proceedings (whether legal, equitable, declaratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures (including, but not
limited to arbitrations, mediations, and other such procedures) (collectively "Actions"),
brought against the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, the action of, or any permit or approval issued by, the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
6. 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.
7. Pursuant to Council -adopted Condition No. 2.a(1), the Director of Community
Development is authorized to make minor modifications through a Grading Permit to the
approved plans and any of the conditions that will achieve substantially the same results
as would strict compliance with such plans and conditions. Any substantial change to
the project shall require approval of a revision by the final body that approved the
P.C. Resolution No. 2017-44
Page 6 C-6
original project, which may require new and separate environmental review.
8. 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
development standards of the City's Municipal Code, Conditions of Approval, including
but not limited to height, setback and lot coverage standards.
9. Failure to comply with and adhere to all of these Conditions of Approval and the
Conditions of Approval set forth in City Council -adopted Resolution No. 2017-03 or
future related Council -adopted Resolutions, 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 or administrative citations as described in Section 1.16 of the
City's Municipal Code.
10 In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply.
11. Unless otherwise designated in these Conditions of Approval, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the City with
the effective date of this Exhibit "A".
12. This approval is only for the items described within these Conditions and identified on
the stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
13. 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.
14. 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
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. 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 -lawful manner.
15. 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
P.C. Resolution No. 2017-44
Page 7 C-7
shall be stored in the maintenance yard.
16. Construction and grading activities, including but not limited to equipment warm up,
geologic investigations, interments excavation for placement of vaults and installation or
removal of large landscape materials or landscaping maintenance shall be limited to
7:00 a.m. to 4:00 p.m. on weekdays only. Notwithstanding the foregoing, within 120 feet
of any property line abutting a Residential Zoning District, no construction or grading,
including grading operations to prepare sites for earth interments, shall occur before
9:00 a.m. or after 3:30 p.m. All equipment shall be equipped with a muffler to reduce on-
site grading and construction noise levels.
17. Construction shall not impede on pedestrian and vehicular circulation, including ingress
and egress to the subject property.
18. Prior to any permit issuance, all applicable soils/geotechnical reports shall be
approved by the City's Geologist.
19. Prior to any permit issuance, all applicable drainage plans shall be reviewed and
approved by the City Engineer.
20. Prior to any gradingermit final, the Applicant shall submit an as -built topographical
survey prepared and wet -stamped by a licensed engineer depicting the finished grades.
P.C. Resolution No. 2017-44
Page 8
C-8
CFFY OF tARANCHO
PALOS VERDES
MEMORANDUM
TO: CHAIRMAN & MEMBERS OF THE PLANNING COMMISSION
FROM: ARA MIHRANIAN, DIRECTOR OF COMMUNITY DEVELOPMEN
DATE: NOVEMBER 28, 2017
SUBJECT: APPEAL OF A DIRECTOR -APPROVED GRADING PERMIT
(CASE NO. ZON2017-00324)
Project Manager: So Kim, Deputy Director/Planning Manager
RECOMMENDATION
Adopt P.C. Resolution No. 2017-_, thereby denying the appeal and upholding the Director's
decision to approve a Grading Permit allowing 41,200yd3 of balanced grading to accommodate the
installation of vaults associated with earth interments, 3' tall walls, and water features in the
unimproved portions of Area 5 (Arroyo Vista) of the City Council -Approved Master Plan for Green
Hills Memorial Park.
BACKGROUND
On July 21, 2017, pursuant to Council -adopted Condition No. 2.a(6) of Resolution No, 2017-03,
Green Hills Memorial Park submitted a Major Grading Permit application requesting to conduct earth
movement to accommodate the installation of vaults associated with earth interments, 3' tall walls,
and water features in the unimproved portions of Area 5 (Arroyo Vista) of the Master Plan of Green
Hills Memorial Park. On August 30, 2017, a 15 -day public notice was provided to all property owners
within 500' radius of the subject site for comments. The City received four comments letters, in
response to the public notice.
On October 23, 2017, the Director of Community Development conditionally approved Green Hills'
application (Director -Approved Staff Report with public comments attached). On October 24, 2017, a
written notice of the Director's decision was provided to all property owners within 500' radius of the
subject site for comments.
On October 26, 2017, the Director's decision was appealed to the Planning Commission by Ms.
Sharon Loveys.
On November 2, 2017, a 15 -day public notice was provided to all property owners within 500' radius
of the subject site for comments. In response to the public notice, Staff received six emails in
support and one letter opposed to the proposed project (see attached), which is discussed under the
'Additional Information' section below.
D-1
DISCUSSION
Reasons for the Appeal
The Director's October 26, 2017 decision approving a Grading Permit allowing 41,200yd3 of
balanced grading to accommodate the installation of vaults associated with earth interments, 3' tall
walls, and water features in the unimproved portions of Area 5 (Arroyo Vista) was appealed by Ms.
Sharon Loveys (Appeal Letter attached). The reasons for the appeal and Staff's summarized
comments are provided below. Excerpts of the City Council Resolution No. 2017-03 is attached as a
reference.
1) Installation of vaults in Areas 5 & 6 and the increase in density are not lawfully
authorized under Green Hills Master Plan. The Appellant also questions the legality of
the City Council's Annual Review process that adopted amended conditions for the
cemetery.
Staff Comment: Condition No. 9.a of the City Council adopted Conditions of Approval expressly
allows grading to accommodate earth interments in Area 5 and 6. Furthermore, Condition No. 1.g
allows additional interment areas by retrofitting mausoleum and garden areas throughout the
cemetery. Condition No. 2.a(6) allows the Director to review grading applications associated with
mass installation of vaults. As for the legality of the City Council's action in January 2017, the annual
review, as well as the amendments to the Conditions of Approval, were conducted pursuant to the
Conditions of Approval and the authority under the City Council's review pursuant to Section
17.78.040 of the Rancho Palos Verdes Municipal Code (RPVMC). Contesting this action is a legal
matter not related to the merits of the subject application, and therefore, is not addressed as part of
this appeal.
2) Green Hills is in violation of the Conditions of Approval as it pertains to the
Settlement Agreement between the lawsuit, Loveys vs. the City of Rancho Palos
Verdes, related to the Pacific Mausoleum project and therefore, processing of all
permits should be suspended.
Staff Comment: There has been no public discussion on Green Hills' potential obligations to the
settlement agreement, and is a separate matter not related to the merits of the subject application.
Additionally, Green Hills is not a party to that particular agreement and therefore, is not addressed
as part of this appeal.
3) It is not clear whether the proposed quantity of grading falls within the permitted
levels of grading for Areas 5 and 6.
Staff Comment: This is the same comment that was already addressed in the attached Director -
Approved Staff Report. Staff's original response is as follows:
"Condition No. 9 of Resolution No. 2017-03 permits approximately 137,OOOyd3ofgrading in Areas 5
and 6 to accommodate improvements associated with earth interments. To date, a total of 27,169yd3
of grading has been conducted in Area 5. With the proposed 41,200yd3 of grading combined with
the previous 27,169yd3 of grading, a total of 68,63 lyd3 of grading remaining forAreas 5 and 6. Staff
has determined that the proposed grading is consistent with the findings made by the City Council
for the Master Plan and the proposed contours will continue to resemble the existing contours as
memorialized in the City -accepted topographic plan in 2016. Therefore, the proposed amount of
grading falls within the permitted level of grading for Areas 5 and 6. "
D-2
The Appellant asserts that there are no documents to support Staff's statement that 27,169yd3 of
grading was conducted and that there are no documents to support that the proposed contours are
consistent with the baseline topography plan. Staff has kept an Excel table to keep track of
approved grading quantities since 2005, as shown below.
Date Approved
Case No. Approved Grading
TOTAL ALLOWED GRADING PER RESO 2017-03 137,000
ZON 2011-00283
10/17/2011
21,400
Area 5
Earth Interment Preparation
7/2/2015
5,769
Proposed Project
41,200
TOTAL
68,369
Remaining Balance 68,631
As for the proposed contours, Staff accepted the baseline topography plan for the entire site in
2016, which is used to compare all proposed grading to ensure compliance. This plan is filed with
the City and is available for public review (see attachment).
4) The use of terms "lawn crypts" and "lawn niches" are unclear.
Staff Comment: Condition No. 1.e of the Council -adopted Conditions of Approval allow earth
interments. The term "Lawn crypts" is synonymous to earth interments, which is an in -ground burial
of a vault that contain human remains. "Lawn niches" are also generally understood as smaller
vaults that contain urns for cremated human remains, which are buried below ground similar to
"lawn crypts". Both "lawn crypts" and "lawn niches" are synonymous to earth interments and
therefore, permitted pursuant to Condition No. 9.a.
5) A soils report should be provided and approved before a Grading Permit is approved
or issued.
Staff Comment: This comment was previously raised by the Appellant and is addressed in the
attached Director -Approved Staff Report (see attachment). Typical to other grading permits
processed by the City, the Applicant is required to submit a soils report to be reviewed and approved
by the City Geologist prior to permit issuance by the Building and Safety Division. A Condition of
Approval to this effect has been added to Exhibit "A", requiring approval of all applicable
soils/geotechnical reports prior to any permit issuance. It should be noted that this soils report
requirement has no relation to Condition 10) which requires a soils testing protocol report be
submitted to the City Council prior to the next annual review (which is tentatively scheduled to occur
in February 2018).
6) The Major Grading Permit cannot be approved by the Director as Green Hills has not
complied with Condition No. 9(b).
Staff Comment: This comment was previously raised by the Appellant and is addressed in the
attached Director -Approved Staff Report. Staff's original response is as follows:
"Condition No. 9(b) requires Green Hills to develop a plan for Area 6 to mitigate the unsightly
aesthetic conditions related to the stockpiling, storage of materials, and trash through improved
D-3
screening and dust control measures. The plan shall include time frames for installing and
maintaining the screening and dust control measures. The Applicant submitted the plan, which was
approved by Staff in February 2017. This plan identifies trash bin locations, storage areas, and the
location, color, and material of the new chain link fence screening the entire area. Based on this
plan, Staff believes the Applicant is in compliance with this condition."
The Appellant contends that the Plan should be approved by the Planning Commission before the
Grading Permit can be approved. Condition No. 9.b requires that the Plan be submitted for review
and approval by the Director, which occurred in February 2017. Therefore, this condition
requirement has been met and the Planning Commission's review is not required.
7) The Major Grading Permit cannot be approved by the Director as Green Hills has not
complied with Condition Nos. 9(f).
Staff Comment: This comment was previously raised by the Appellant and has been addressed in
the attached Director -Approved Staff Report. Staff's original response is as follows:
Condition No. 9(0 requires the installation of screening along the south perimeter wall prior to the
completion of the roadway. Green Hills has not submitted plans to improve said street. Therefore,
Condition No. 9(0 is not required for compliance at this time. That said, Applicant has been working
with the neighboring Rolling Riviera Homeowner's Association and Neighbors to develop a mutually
agreeable fencing plan along the southern property line. At this time, a final design has not been
selected. "
The Appellant believes that no Grading Permit should be issued until a final resolution has been
reached with the neighbors. Condition No. 9(f) requires that the landscaping be planted prior to the
completion of the southerly roadway. There is a separate time limit for the completion of the
southerly roadway and in which the landscape needs to be planted, which is separate and not
related to this application.
8) The Grading Permit should not be approved until an updated Master Site Plan is
submitted indicating that the proposed improvements are in compliance with the 20'
south setback, including clarification of the road and landscape buffers.
Staff Comment: This comment was previously raised by the Appellant and is addressed in the
attached Director -Approved Staff Report. Staff's original response is as follows:
"For earth interments, a 20' setback is required from the south property line. The proposed plans
show the existing perimeter wall, what appears to be a future landscape area, a 26' wide roadway,
and a side walk between the south property line and the edge of the earth interments in Area 5.
Based on the project plans, there is more than a 20' setback between the south property line and
the proposed interments. "
The Appellant requests that the proposed setbacks exceeding 20' be clearly presented to the
Planning Commission. While it is clear that there will be more than the minimum required 20'
setback to the proposed project site, below is an illustration depicting the proposed setbacks.
ADDITIONAL INFORMATION
Site Improvements
The proposed 3' tall walls and water features are exempt from Director, Planning Commission, or
City Council review, pursuant to City Council -approved Resolution No. 2017-03, Condition No. 1.h.
Public Comments
In response to the public notice, Staff received 6 emails in support and 1 letter in opposition to the
proposed project (see attached). The letter in opposition is from the Rolling Hills Riviera
Homeowners Association, which represents the residential community immediately south of the
subject property. The concerns raised in the opposition letter are detailed separately below, followed
by Staff's comments.
A) City Council directed Green Hills to test the soil and it has not been done.
Staff's Comment: The City Council did not direct Green Hills to test the soil. Condition 10), of
Resolution No. 2017-03 requires a soils testing protocol report be submitted to the City Council prior
to the next annual review (which is tentatively scheduled to occur in February 2018). Once a testing
protocol is accepted by the City Council, soils testing may be conducted based on the protocol,
which will be made available to the public.
B) The baseline contour map Staff is relying on to compare the proposed contour lines
should be made available to the public. What if the grade is changed during
construction/grading? Changing the grade may result in impacts to water diversion.
D-5
Staff's Comment: The City -accepted baseline topographic plan is attached and available to the
public at City Hall. Condition 1.b of Resolution No. 2017-03 requires the Applicant to submit an as -
built topographical survey, which is required to be prepared and wet -stamped by a licensed
engineer, depicting the finished contours to ensure consistencywith the baseline survey. While this
is already required through Resolution No. 2017-03, a similar condition has been added as
Condition No. 20 to the attached Exhibit "A". As for water diversion, this comment was previously
raised and has been addressed in the attached Director -approved Staff Report. Staff's original
response is as follows:
As part of the City's Grading permit process, the Applicant will be required to submit a drainage
plan for review and approval by the City Engineer prior to permit issuance by the Building and Safety
Division. The drainage plan will, among other things, identify how ground runoff will be collected and
diverted to the appropriate drainage inlets to ensure that drainage across property lines shall not
exceed that which existed prior to grading. Excess or concentrated drainage will be required to be
contained on site or directed to an approved drainage facility (California Building Code Section
J109.4 — Drainage across property lines). Furthermore, the City accepted a survey dated April 12,
2016 as the baseline topographic plan for the cemetery. The contour lines on the proposed plan
shows no change to the existing grades. As a result, there should be no changes to existing runoff
flows at the project area."
C) Green Hills conducted more grading than what was originally allowed and yet, the City has
not provided effective monitoring or penalties.
Staff's Comment: Condition 1.a of Resolution No. 2017-03 acknowledges that the actual quantity of
grading between 1991 and 2004 has exceeded more than what was originally approved in 1991.
Condition 1.b allows additional grading in excess of what was conducted between 1991 and 2004.
As part of this condition, all future grading is to be measured against the City -accepted baseline
survey. Additionally, as previously mentioned, Condition 1.b of Resolution No. 2017-03 requires the
Applicant to submit an as -built topographical survey to be prepared and wet -stamped by a licensed
engineer depicting the finished contours to ensure consistency with the baseline survey. A similar
Condition of Approval has been added to the attached Exhibit "A".
D) The Planning Commission should initiate steps to revisit the Conditional Use Permit.
Staff's Comment: The proposed project is consistent with process and conditions in the City
Council adopted Resolution No. 2017-03. The next Annual Review is tentatively scheduled with the
City Council in February 2018.
CONCLUSION
Based on past discussions and the additional information provided by the Applicant, including the
amended January 31, 2017 Council -adopted Conditions of Approval, Staff recommends that the
Planning Commission deny the appeal and uphold the Director's approval of a Grading Permit to
conduct 41,200yd3 of balanced grading to accommodate the installation of vaults associated with
earth interments, 3' tall walls, and water features in the unimproved portions of Area 5 (Arroyo Vista)
of the Master Plan for Green Hills Memorial Park, subject to the Conditions of Approval in Exhibit "A"
(Case No. ZON2017-00324).
ATTACHMENTS
• P.C. Resolution No. 2017-
o Exhibit "A" — Conditions of Approval
A e
• Appeal Letter
• Public Correspondence
• October 23, 2017 Director -Approved Staff Report
• Council -adopted Resolution No. 2017-03
o Exhibit "A" — Conditions of Approval
• Project Plans
D-7
NOTICE OF APPEAL TO PLANNING COMMISSION OF SHARON LOVEYS TO NOTICE
OF DECISION DATED OCTOBER 24, 2017 TO GREEN HILLS REQUESIMVED
GRADING PERMIT E
CASE NO. ZON2017-00324
OCT 26 2017
The Grading Permit should not be approved for the following reasons: COMMUNITY DEVELOPMENT
DEPARTMENT
1. This "Grading Permit" application is really a disguised application to install vaults in Areas 5
& 6 which have not been lawfully authorized under Green Hills Master Plan. Appellant disputes
the City's contention that the Master Plan contains no limits with regard to the number of earth
interments permitted. To the extent that such is the case, then Appellant contends that before any
grading is approved (since the only purpose of grading is to prepare the land for the installation
of interment vaults), the City must hold hearings so that the appropriate amount of allowed
density is discussed and determined. Green Hills has no "by right" entitlement to inter
individuals anywhere in the cemetery. The right to inter human remains is a conditional right,
premised on the degree of intensity and density of use. The Director and the City needs to make
a specific "Finding" under Chapter 17.28 of the Rancho Palos Verdes Municipal Code, and
specifically Section 17.28.030(H) that the proposed use contemplated (stated as the installation
of an undetermined number of vaults (needed for earth interments) will not be "more intensive"
than the use and degree and intensity of use currently permitted under Green Hills Master Plan.
Green Hills has a demonstrated history of practicing deception and bad -faith on the City and on
the residents of the City, including Green Hills continued failure to honor its obligation to
reimburse the City $700,000 spent by the City in connection with the litigation and settlement of
the Loveys vs. City of Rancho Palos Verdes Matter. Green Hills was found to have practiced
deception and bad -faith in connection with the construction of the Pacific Terrace Mausoleum
by two independent investigative agencies hired by the City.
Green Hills is doing the exact same thing again... attempting to get a "leg up" and faux
entitlement by asking for grading rights without making clear how the number of interment
vaults contemplated by this permit ties in with the broader mandate set out in the Master Plan.
To the extent the City may contend that the City Council has lawfully amended the Master Plan
in any manner which contradicts the April, 2007 Master Plan Amendment as it relates to Areas 5
and 6, Appellant contends that such action was ultra vires, and therefore null and void because
any such amendments, if they were made, were done in the context of a Yearly Review and
were never made in the context of a specific General Plan Amendment.
It is Appellant's position that General Plan Amendments must be processes as such; and cannot
come in the form of, or under the guise of "Building Permit Applications", or "Yearly
Performance Reviews" of any kind.
1
E-1
2. Since filing her Appeal, it has come to Appellant's attention that Green Hills refuses to honor
its unsecured promise to indemnity to reimburse the City of Rancho Palos Verdes for all sums
paid by the City to defend the entilements granted to Green Hills in connection with the Pacific
Terrace Mausoleum project. The City of Rancho Palos Verdes has demanded that Green Hills
pay the City $700,000 (approx.) the City incurred in attorney's fees, costs, and settlement costs
in defense of the entitlements granted to Green Hills in support of the construction of the Pacific
Terrace Mausoleum. Green Hills has refused the City's payment demand. This puts Green Hills
in violation of an express condition of entitlement incorporated into the Resolution approved by
the City Council on November 17, 2015 (Condition No. 41(c) of Resolution No. 2015-22 signed
by the Mayor on November 17, 2016). So long as Green Hills is in violation of the conditions
attendant to the Pacific Mausoleum project, either revocation proceedings should be
commended; and the processing of all permits suspended pending Green Hills complaince with
this condition and any other condition which is later determined to have been violated by Green
Hills.
Therefore, the comments below need to be viewed in this context.
With regard to the Specific Items which make up this appeal, Appellant noted as follows:
1. The Director cannot make a "Finding" that the proposed "project" (the issuance of a
`Grading Permit') is in substantial compliance with the Green Hills Master Plan becaues it is not
clear whether the proposed amount of cubic yards proposed to be graded falls within the
permitted level of grading for Areas 5 and 6 contemplated under the Master Plan. The situation
is confusing and needs to be clarified as follows:
a. Under the Master Plan Area 5 contemplated "gross dirt movement" of 79,252
cubic yards. Area 6 was permitted up to 201,421 cubic yards. This total was later modified on
January 31, 2017, as per Resolution No. 2017-03 to a combined 137,000 cubic yards for both
Areas 5 and 6 (See Below).
City's Response Inadequate: The City contends that the only 27,169 cubic yards of
grading have been done. There is no documentation to support this. The City contends that the
proposed contours are consistent with baseline topography plan. There are no documents to
support this. The City contends that the City Council Resolutin 2017-03 controls. Appellant
disputes this for the reasons cited above (i.e. the scope of the Resolution was limited to a yearly
performance review. The Council cannot amend the Master Plan under the false guise or
auspices of having conducted a yearly review).
b. It needs to be clarified how the proposed 41,200 cubic yards of "gross dirt
movement" contemplated by this grading permit fits within the above -stated parameters. Until
that "finding" is made, the permit cannot be approved.
2
E-2
2. The Director cannot make a "Finding" that the proposed "project" (the issuance of a
`Grading Permit') is in substantial compliance with the Green Hills Master Plan because the
total number of "earth interments" to be permitted under the Grading Permit Application is not
made clear; nor can it be determined whether the `density' and `intensity' of the proposed use
(i.e. the number of "earth interments") is consistent with the number permitted under the Master
Plan. That is because there has never been a complete and thorough inventory under any of the
past compliance review procedures and protocols as to whether the total number of "earth
interments" in place is consistent with the total number of "earth interments" contemplated and
"permitted" under the Green Hills Master Plan. Until such an inventory has been completed and
approved by the Planning Commission, the Director cannot make a "Finding" that the proposed
number of "vaults" to be installed (again not specified) is consistent with the number permitted
under the Master Plan. If the number is not consistent, then instead of a "Permit Application",
Green Hills must apply for and procure an amendment to the Green Hills Master Plan, or
otherwise seek a variance.
City's Response Inadequate: For the reasons noted above, no grading permit can or should
be approved until the City makes a specific "Finding" that the number of earth interments
contemplated by the vault installation and storage (which the grading will facilitate) is equal to
or less than the number of earth interments contemplated under the April, 2007, Master Plan, as
lawlfully amended (and Appellant contends that the Master Plan has never been amended with
regard to Areas 5 & 6 as it pertains to the number of "permitted" earth interments.
The use of the term "lawn crypts" is unclear; as is the term "lawn niches". These are not
terms which are defined or used in the City's zoning law, or in the State law (which
contemplates only three types of "interments": (1) earth interments; (2) vault interments inside a
mausoleum, and (3) cineary interments in a colombarium. (See Health & Safety Code §7009
(Definition of "Intermenet"). The reason why the term "Lawn Crypts" is misleading is because
by definition, "crypts" are placed inside a mausoleum (Health & Safety Code §7015).
For reasons which can only be concluded to mislead, Green Hills and the City continue to
use terms which are not defined in law, refuse to identify specifically the number of "earth
interments", the number pof "vault" or "crypt" interments inside a mausoleum, and the number
of cinerary interments contemplated under the Master Plan. This is evidence of Green Hills
intent to continue to mislead and deceive the City. To the extent that the City continues to allow
such deception, the City is allowing its lawful processes to be prejudiced.
Green Hills should be "permitted" to make use of its land consistent with the Master Plan
and its business objectives. By the same token, the community should be given the right to
ensure that the City's laws related to Green Hills' use of its property aligns with and is otherwise
consistent with the City's laws and the state's laws.
When the City refuses and continues to refuse to require Green Hills to define precisely the
use and intensity of the use of its property. This undermines the abilty of the City to ensure that
3
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the zoning laws and development limitations set out in the City's Zoning Law (Chapter 17.28)
are faithfully and competently carried out.
3. The Director cannot approve a Grading Permit in the absence of the Director's receipt
and approval of a soils report as required under Item No. 10) of the Master Plan Conditions.
City's Reponse: The City admits that no soils report has been provided. Maintains the
position that until a soils report is provided and approved (after proper public disclosure), no
Grading Permit should be approved or issued.
4. The Director cannot approve this Grading Permit because Green Hills has not complied
with the requirements of Item 9(b) (reprinted below) to provide to the City and to the Public a
plan for review and approval by the Director of unsightly aesthetic conditions relating to the
stock -piling, storage of materials and vaults, and trash, including screening and dust control
measures.
City's Reponse: Green Hills has submitted a Plan to Staff. Appellant contends this is not
sufficient given Green Hills prior history. The Plan to remove the unsightly aesthetic conditions
has not been approved by the Commission or distributed to the Public. Before any grading
permit has been approved, or granted, the (staff approved) Plan needs to be reviewed by the
Planning Commission.
5. The Director cannot approve this Grading Pemit until Green Hills delivers a plan for
proper landscaping buffering consistent with Item No. 9(f) of the revised Master Plan
Conditions (reprinted below).
City's Response: Green Hills continues to work with the neighbors on this issue, but no
final resolution has been reached. Therefore, Appellant believes that no grading permit should
be issued until a final resolution has been reached; as per Condition 9(f).
6. The Director cannot approve this Grading Permit unless and until the Director has
further amended the visual depiction of the Green Hills Master Plan to bring it into conformity
with the noted set -back distances (20 feet to the south and clarifies the road and landscape buffer
and whether said road and landscape buffer are included within the boundaries of the set -back).
City's Response: The proposed interments contemplated under this grading proposal are
outside the 20' set -back and thus consistent with the Green Hills Master Plan. If so, this should
be clearly set forth in the City's and Green Hills' presentation to the Planning Commission.
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Green Hills Memorial Park
Info Map
Interactive map and GPS data:
GPS Coordinates: Latitude: 33.77310, Longitude: -118.31330
dry" : a�?ME IM&I-W
Area 5 - Depiction of "Area 5" from Green Hills Website showing vacant land to be used for "earth
interments" by Green Hills. Under the Master Plan, Area 5 is stated to be "Lake View Garden" (See Below).
5
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Approved are 3,440 Double -Depth Lawn Crypts and 58 Family Estates. Lawn Crypts are considered "ground
burials" (legally known as "earth interments" (Health & Safety Code Section 7009 (Definition of
"Interment"); Health & Safety Code Section 7013 (definition of "Burial"); Health & Safety Code Section 7014
(Definition of "Grave").
AREA 4 NORTH TERRACE GARDEN
3 2 Acres Total Development
Ground Burials
2921 Double Depth Lawn Crypts
Family Estates
200 Family Estates (8 — 12 caparily)
AREA 5 LAKE VIEW GARDEN
5 0 Acres total Development
Ground Burials
3440 Double Depth_ Lawn Crypts
Family Estates
58 Family Estates (8 —12 capacity)
AREA 6 LAKE VIEW TERRACE
6 95 Acres Total Development
Three level Mausoleum t:JFveiopnunt (One level at grave.
two levels below glade) 12 7; :jefes total building footprint
l Ive suprlratc buildicrcls
i t31? rrypts 14680 niches total interment count
Building height per'fiesoluban No. 914
Ground Burials
3120 Double Depth Lawn Crypts
AREA 7 SOUTH WEST TERRACE
1 63 Acres Total Development
Two level mausoleum (One level at grade, one level below
grade)
Mausoleum to be constructed as five separate phases
1248 crypts in each phase t 6240 total crypt count
building height per Rewutution 91-7
Ground Burials
510 Double Depth Lawn Crypts
In
Page "IV" of the 2007 Green Hills Master Plan approved April, 2007.
0
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S. Areas 5 and e
i. Grading. Approximately 137,000 cubic yards of grading is permitted to
accommodate future mausoleum buildings and earth interments.
PREVIOUSLY CONDITION NO. 1.h OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
3. Excess MaterialfStock ilia . Excess earth material resulting from interment sites,
ground spoils, construction, or site grading, shall be permitted to be
storedlstockpiled. No later than May 5, 2017,the property owner shall develop a
plan for review and approval by the Director that mitigates the unsightly aesthetic
conditions related to the stockpiling, storage of materials and trash through
improved screening and dust control measures. The plan shall include time frames
for installing and maintaining the screening and dust control measures_
PREVIOUSLY CONDITION NO. I OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
c. Mausoleums in Area 6. Allow 5 separate mausoleum buildings with each footprint
measuring approximately 24,000 square feet, subject to City Council review as
described in Condition No. 2b.
d. Structure Setbacks:
West: 5 feet
South: 40 feet
e. Earth Interments Setbacks:
West: 5 feet
South: 20 feet (presumes 8 foot landscape buffer and 10 foot wide
roadway)
f. Landscape Screenin . Landscaping shall be planted within 8' of the south
perimeter wall on the cemetery side prior to the completion of the roadway (refer
to Condition 11.g above) for screening purposes. Landscaping shall measure at
least 8 feet in height from adjacent grade. Neither the existing nor proposed
landscaping shall significantly impair any near or far view as defined by the
Development Code. The property owner shall be responsible for continuous
maintenance of this landscaping.
PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015.102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
12
Page 12 of Staff Report to Planning Commission Dated February 8, 2017 Detailing Master Plan Conditions of
Development for Areas 5 and 6
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RESOLUTION NO. 2017-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING REVISIONS TO THE
CONDITIONS OF APPROVAL AS PART OF THE ANNUAL REVIEW
FOR THE GREEN HILLS MEMORIAL PARK MASTER PLAN
CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT
27501 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK).
WHEREAS, on April 24, 2007, the Planning Commission adopted P.C. Resolution
No. 2007-32, certifying a Mitigated Negative Declaration and adopted P.C. Resolution No.
2007-33, approving amendments to the Green Hills Master Plan, which called for
development of the Green Hills Memorial Park ("Green Hills") over the next 30 to 50 years,
and allowed grading and mausoleum buildings to be constructed at various specified
locations throughout Green Hills cemetery; and,
WHEREAS, Condition of Approval Nos. AQ -14 and N-3 in P.C. Resolution No.
2008-47 state that: "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' 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. ", thereby affording the Planning Commission the ability to add, delete, or modify
the conditions of approval as deemed necessary and appropriate; and,
WHEREAS, after review of the plans for consistency with the Green Hills Master
Plan, Planning Division approval was granted on November 11, 2011, for the first phase of
the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11; and,
WHEREAS, on February 16, 2012, the Building and Safety Division issued a
building permit for the construction of the first phase of the Memorial Terrace Mausoleum
building, which is also known as the Pacific Terrace Mausoleum, in Area 11 ("Pacific
Terrace/Memorial Terrace Mausoleum" or "the Mausoleum") and Green Hills commenced
and completed construction of the building, and on September 11, 2013, the Building and
Safety Division finaled the building permit for the 10,366 square foot Pacific
Terrace/Memorial Terrace Mausoleum building per BLD2011-00799 and thereafter
commenced operations including sales of crypts and burial plots, including on the rooftop;
and,
WHEREAS, as a result of the construction and operation of the new mausoleum
building, Staff received numerous inquiries and complaints from residents in the adjacent
Vista Verde condominium complex in the City of Lomita regarding the Mausoleum's visual
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and view impacts, in addition to the proximity of the burial preparation and ceremonial
activities on the roof of the Mausoleum building; and,
WHEREAS, on February 25, 2014, the Planning Commission held a duly noticed
public hearing to conduct an operational review of the Green Hills Cemetery to address the
concerns about the Pacific Terrace/Memorial Terrace Mausoleum building along with any
other concerns raised by the public regarding the Green Hills Master Plan, at which time
all interested parties were given an opportunity to be heard and present evidence; and,
WHEREAS, at the February 25, 2014, Planning Commission meeting, the Planning
Commission tentatively agreed to impose a 90 -day moratorium on all ground burials and
interments on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building in
Area 11 while Staff identified new or revised conditions to address specific noise, visual
and privacy impacts identified by the Planning Commission based on public testimony, and
continued the public hearing to the March 11, 2014; and,
WHEREAS, on March 11, 2014, the Planning Commission continued the public
hearing to April 22, 2014, to allow Green Hills and the Vista Verde Condominium
Association to come to an agreement on mitigation measures to address impacts
associated with the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11
which thereafter was further continued to May 13, 2014, and again to August 12, 2014, to
allow the parties to continue their discussions and directed Staff to include a Resolution for
consideration that could impose a temporary 90 -day moratorium on roof -top burials on the
Pacific Terrace/Memorial Terrace Mausoleum building; and,
WHEREAS, at the August 12, 2014, Planning Commission meeting, the Planning
Commission conducted the continued public hearing at which time all interested parties
were given an opportunity to be heard and present additional evidence, and directed Green
Hills to apply for an after -the -fact Variance to seek approval to allow the existing Pacific
Terrace/Memorial Terrace Mausoleum building to remain encroaching into the required 40 -
foot property line setback and directed Staff to review Green Hills' existing conditional use
permit to make sure that they are in compliance with all of the conditions of approval, closed
the public hearing and directed Staff to bring back a Resolution at the August 26, 2014,
Planning Commission meeting to impose a number of conditions on the cemetery to
avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the
Pacific Terrace/Memorial Terrace Mausoleum building in Area 11 of the Green Hills Master
Plan; and,
WHEREAS, at the August 26, 2014, meeting, due to further controversy the matter
was re -noticed for October 28, 2014, and at that meeting, the Planning Commission held
a duly -noticed public hearing, at which time all interested parties were given an opportunity
to be heard and further present evidence, and to fulfill the requirements of the Municipal
Code, the Planning Commission directed Green Hills to submit a Variance application
within 30 days to seek approval to: (i) allow the existing Pacific Terrace/Memorial Terrace
Mausoleum building to remain encroaching 32 feet into the required 40 -foot property line
setback; (ii) allow certain existing below ground burials within the 16 -foot setback in the
Resolution No. 2017-03
Page 2 of 9
F-2
northwest corner of the cemetery site between the west property line and the maintenance
yard to remain and to allow six additional interments in companion plots where individuals
already are interred; and (iii) allow existing structures and certain existing above -ground
interments to remain within the 5 -foot setback area along the western property line in the
area south of the Pacifica Mausoleum building; and,
WHEREAS, additionally at the October 28, 2014, Planning Commission meeting,
the Planning Commission agreed to impose a moratorium on ground burials/interments
and sales of burial plots on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum
building located in Area 11 of the Master Plan, and imposed a moratorium on above -ground
burials within the 5 -foot setback area along the western property line in the area south of
the Pacifica Mausoleum building, which would remain in effect until final City action or
further determination by the City Council is taken regarding these interments and structures
in the required setbacks, and imposed a number of conditions on the cemetery to
avoid/minimize impacts to the adjoining residential properties from burials and activities on
the roof of the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11 of the
Green Hills Master Plan, and directed Staff to bring back a Resolution memorializing its
decision for consideration at the November 11, 2014, Planning Commission meeting, and
continued the public hearing to November 11, 2014, at which time the resolution was
revised and adopted; and,
WHEREAS, on November 25, 2014, Ellen Berkowitz of Gresham, Savage Nolan &
Tilden filed an appeal of the Planning Commission's decision to the City Council on behalf
of Green Hills Memorial Park, seeking to overturn the entirety of the Planning
Commission's decision and followed this letter up with additional correspondence; and,
WHEREAS, on January 20, 2015, when the public hearing on the appeal was
opened, due to the substantial amount of information and materials that were submitted to
the City Council just prior to the commencement of the public hearing, the City Council
continued the public hearing so the City Council would be able to review and consider all
of the additional materials that had been submitted; and,
WHEREAS, during the course of the summer of 2015, the parties conducted
extensive discussions in an effort to resolve the dispute but no agreement was reached;
and,
WHEREAS, at a re -noticed public hearing on September 1, 2015, the City Council
took up the November 25, 2014, appeal by Green Hills and after considering all testimony,
directed staff to prepare a resolution upholding the Planning Commission action, which
matter was scheduled to be heard on September 15, 2015, and was subsequently deferred
to November 17, 2015; and,
WHEREAS, at the continued public hearing on November 17, 2015, the City Council
adopted Resolution No. 2015-102, thereby upholding in part and modifying in part the
Planning Commission's decision approving the compliance review for the Green Hills
Cemetery and allowing the mausoleum building in Area 11 to remain in accordance with
Resolution No. 2017-03
Page 3 of 9
F-3
its 2007 approvals and permits and revising certain conditions of approval, and amending
the Green Hills Cemetery Master Plan; and,
WHEREAS, no Annual Compliance Review was conducted for 2015 since the 2014
Annual Review commenced on February 25, 2014 and extended through November 17,
2015; and,
WHEREAS, on January 5, 2017, a public notice of the Annual Review was mailed
to owners of property within a 500' radius of the subject site, to persons requesting notice,
to all affected homeowners associations, and to the property owner in accordance with
Rancho Palos Verdes Code Section 17.80.090, and published in the Palos Verdes
Peninsula News pursuant to the requirements of the Rancho Palos Verdes Development
Code; and,
WHEREAS, the City Council held a duly noticed public hearing on January 31, 2017,
at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Recitals. Each of the recitals set forth above is true and correct and
is incorporated as part of this decision.
Section 2: CEQA Findings. Pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the
State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq.,
the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous
Waste and Substances Statement), this decision by the City Council (i) constitutes minor
modification to the existing Conditions of Approval of the Green Hills Master Plan
Conditional Use Permit to reduce the impacts of the operations on adjacent properties; and
(ii) will not have a significant effect on the environment. Therefore, this decision is not
subject to CEQA pursuant to California Code of Regulations Sections 15601(b)(2), 15301,
and 15061(b)(3).
Section 3: Municipal Code Findings for Granting Compliance Review and
Modifications to Conditions. This is a de novo hearing where the City Council has
considered the evidence before it. The City Council finds that this use dates back to 1948
and was annexed to the City in 1984 with the original Master Plan approved in 1991,
revised Master Plan approved in 2007 and which has been updated from time to time, and
an Annual Review commenced in 2014 was approved with modified conditions in 2015.
There is no expansion of the use beyond the Revised Master Plan, and additional
conditions have been imposed to minimize impacts to surrounding properties and protect
community health, safety and general welfare. The changes to the conditions being
proposed do not affect the validity of the findings made in P.C. Resolution No. 2007-33 and
C.C. Resolution No. 2015-102. Accordingly the Council finds:
Resolution No. 2017-03
Page 4 of 9
F-4
1. That the site is adequate in size and shape to accommodate the proposed use
and for all of the yards, setbacks, walls, fences, landscaping and other features
required by this title or by conditions imposed under this section to integrate said
use with those on adjacent land and within the neighborhood. To wit:
Green Hills Memorial Park's entrance is located at 27501 Western Avenue in the northeast
corner of the City, bordering the City of Lomita, the City of Rolling Hills Estates, and the
City of Los Angeles. The property is approximately 121 acres in size, and is a privately
owned and operated cemetery facility. Approximately 1,800 burials occur annually at the
cemetery. The site is therefore of a size and shape that allows its use as a cemetery facility,
including all required setbacks, landscaping and other features. The entrance is sufficient
to accommodate traffic into and out of the cemetery.
The cemetery abuts residential properties to the north and south, a church complex and
reservoir land to the west, and residential and undeveloped land to the east (site of the
proposed Highpark residential development), across Western Avenue. The use of the
property is thus consistent with surrounding uses and the adjacent neighborhood as a low-
density development.
2. That the site for the proposed use relates to streets and highways sufficient
to carry the type and quantity of traffic generated by the subject use. To wit:
Green Hills Memorial Park has been in existence at this location since 1948. Its main
entrance is located on Western Avenue, a major thoroughfare that accommodates the
amount of vehicular traffic to and from the cemetery. The proposed changes to the
conditions will not negatively affect the traffic on Western Avenue.
The cemetery has an additional access road off Palos Verdes Drive North that leads to the
cemetery's maintenance yard, which alleviates potential construction vehicle traffic
congestion at the entrance on Western Avenue.
3. That, in approving the subject use at the specific location, there will be no
significant adverse effects on adjacent property or the permitted use thereof. To
wit:
The conditions imposed minimize impacts on neighboring properties. Conditions address,
among other issues: parking, grading, noise, landscaping, setbacks, mitigation monitoring,
Master Plan compliance reviews, dust, emissions by construction vehicles and equipment,
construction, dirt storage, lighting, employee training and complaints, trash and debris,
storage of equipment and supplies, temporary trailers, fences, signage and storm water
mitigation. This is further described in Finding 5 below.
4. That the proposed use is not contrary to the general plan. To wit:
Resolution No. 2017-03
Page 5 of 9
F-5
Green Hills Memorial park is consistent with the General Plan's Cemetery zoning
designation of the site, and with the types of land uses permitted within the Development
Code's Cemetery land use designation. Further, the site will also continue to have an open
space ambience due to the size of the site and the location, proximity, architectural design,
color, and other improvements associated with the mausoleum buildings and the Master
Plan Revision.
5. That conditions regarding any of the requirements listed in this Section, which
the City Council finds to be necessary to protect the health, safety, and general
welfare, have been imposed. To wit:
a, Setbacks and buffers;
b. Fences or walls;
C. Lighting;
d. Vehicular ingress and egress;
e, Noise, vibration, odors and similar emissions;
f. Landscaping;
g. Maintenance of structures, grounds, or signs;
h. Service roads or alleys; and
i. Such other conditions as will make possible development of the City in an orderly
and efficient manner and in conformity with the intent and purposes set forth in this
title.
The Annual Review, to gauge the effectiveness of the conditions of approval, led to
proposed modifications to mitigate among other things, the effects of noise generated by
interment services and visitations to the abutting residential neighborhoods. Other
proposed changes are described below in Section 5 of this Resolution.
Section 4: Compliance Review._ Pursuant to Conditions of Approval Nos. AQ -14
and N-3 contained in C.C. Resolution No. 2015-102, which state that: "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' 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 City's
Development Code §17.78.040 states that an amendment to the project shall be
considered by the same body which took the final action in granting the original application.
This annual review considers the approved amendments to the Master Plan's Conditions
of Approval, and since the last action in this matter was taken by the City Council, the City
Council has the ability to add, delete, or modify the conditions of approval as deemed
necessary and appropriate. Accordingly, the conditions of approval that are approved by
this Resolution, which are attached hereto as Exhibit 'A' and incorporated herein by this
reference, are hereby added to the Green Hills Master Plan.
Resolution No. 2017-03
Page 6 of 9
F-6
Section 5: Modification of Conditions. Attached hereto as Exhibit 'A' are
conditions governing this use, both existing conditions and new and modified conditions,
all incorporated herein. As set forth above, this determination includes incorporating
additional conditions of approval within, and revising existing conditions of approval of, the
2007 Green Hills Master Plan, to address the visual, privacy and noise impacts associated
with the operations of the cemetery along the adjacent residential tracts to the along the
north and south property lines. Major revisions to the conditions mitigate project impacts
and are summarized as follows:
Administrative Substantial Compliance Review. The Director no longer has the sole
discretion to determine if future improvements substantially comply with the Council -
adopted Master Plan. Future improvements, if minor, are subject to the Director, its
decision appealable to the Planning Commission, then appealable again to the City
Council. Major projects are automatically subject to the City Council review. The
conditions require the City to give notice to owners within 500 feet of the application
throughout this process (Condition 2).
2. Annual Review. The review condition was modified so that review is conducted by
the City Council (Condition N-3). This is consistent with Rancho Palos Verdes
Development Code Section 17.48.40(B) and is intended to address the situation
which occurred with the 2014 Annual Review which took 2 years.
3. Noise. At least one cemetery employee is required to be present during all burial
services for monitoring purposes. The existing music condition has been modified
by restricting all general noise to 65dBA from the property lines. At least one security
employee is required on-site to patrol and monitor the operations at the cemetery
including burial services. Green Hills shall be responsible for proactive enforcement
and corrective action (Conditions 5c, 6g, 8f, 9h, 14, 16).
4. Security. Freestanding fences and walls up to 7' in height shall be permitted
throughout the property. However, perimeter fences/walls shall be of a solid
material. Fences/walls located outside of all required structure setbacks may
accommodate niches or vault interments (Conditions 2a, 15).
5. Screeninq. A 7' -tall solid fence/wall along the north property line and landscaping
adjacent to said wall are required to be installed by January 31, 2018, along the
north property line. Eight -foot -tall landscaping is required between the south
property line and the future road. Additionally, an 8' landscape buffer is required
between the south property line and the future road prior to the construction of the
road (Conditions 8d, 8e, 9f, 9g).
6. Grading. Any mass grading involving the burial of vaults along the perimeter of the
property are subject to the Director's approval, whose decision is appealable to the
Planning Commission, then appealable again to the City Council. Interment activity
for individual plots and burial services are exempt and permitted to occur without
notification and future City permits or approvals (Condition 2a(6)).
Resolution No. 2017-03
Page 7of9
F-7
7. Niches and Vaults. Mausoleum building and garden areas are permitted to be
retrofitted to accommodate niches and vaults throughout the property, including
retaining walls (Conditions 1g, 2a(5), 2d).
8. Administrative Citation. In addition to the revocation procedure, violations will be
subject to Administrative Citations as stated in Section of 1.16 of the Municipal Code
for failing to comply with conditions of approval.
9. Conflicts between Area Conditions. The "Area" conditions shall supersede any
other conditions that govern other areas of the cemetery (Condition 1 i).
10. Neighborhood Advisory Committee. A Neighborhood Advisory Committee is
established with the Peninsula Verde and Rolling Hills Riviera HOAs and will meet
every quarter to review any concerns. Reports are to be provided to the City Council
(Condition 17).
11. Fees and Costs. Provisions are expanded to clarify that Green Hills is responsible
for all costs, including outside consultant costs (i.e., City Attorney, City Engineer,
etc.) to process entitlements, annual reviews, and for other City actions in
connection with the project/Master Plan (Condition 32).
12. Recordation of Final Piot Maps. Notification is required to the City at least 30 days
prior to recordation, and submittal of a copy to the City no later than 30 days after
recordation. (Condition 31).
Section 6: Approval of Annual Review and Modifications to Conditions. For the
foregoing reasons and based on the information and findings included in the Staff Reports,
Minutes and other records of proceedings in this matter, and pursuant to Condition of
Approval Nos. AQ -14 and N-3 contained in P.C. Resolution No. 2015-102 and
Development Code Section 17.78.040 that grant the City Council as the last decision
making body the ability to add, delete, or modify the conditions of approval as deemed
necessary and appropriate, the City Council of the City of Rancho Palos Verdes hereby
adds to the Green Hills Cemetery Master Plan Conditional Use Permit, the conditions that
are set forth within the attached Exhibit `A,' which is incorporated herein by this reference.
Section 7: Judicial Review. The time within which judicial review of the decision
reflected in this Resolution must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure or other applicable short periods of limitation.
Resolution No. 2017-03
Page 8 of 9
•
PASSED, APPROVED AND ADOPTED this 31St day of January 2017.
/s/ Brian Campbell
Mayor
Attest:
/s/ Teresa Takaoka
Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teri Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No 2017-03 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on January 31, 2017.
cting City Clerk
Resolution No. 2017-03
Page 9 of 9
F-9
EXHIBIT `A'
CONDITIONS OF APPROVAL
RESOLUTION NO. 2017-03
GREEN HILLS CEMETERY MASTER PLAN
27501 WESTERN AVENUE
1. General; Consistency Master Plan: 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., which allows
the following:
a. Grading Between 1991-2004. 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;
b. Additional Grading. 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 earth interments,
including rooftop interments, throughout the cemetery site for the life of the Master
Plan. Since the applicant has previously performed grading in excess of the
provisions of the Master Plan, a topographic baseline survey prepared by Bolton
Engineering Corp. showing all existing grades was accepted as the baseline
topographic plan by the Director on April 12, 2016. All future grading will be
measured against the City -accepted baseline topographic survey. For Area 6, any
future grading will be measured against plans titled "Existing Conditions", prepared
by Bolton Engineering Corp. showing all existing grades and stamped approved
by City Staff on October 17, 2011. Prior to any Grading Permit final, the applicant
shall submit an as -built topographical survey prepared and wet -stamped by a
licensed engineer depicting the finished grades. 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, as allowed herein.
PREVIOUSLY CONDITION 1.b and 1.b.v OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 ,2017 PER RESOLUTION NO. 2017-03.
c. Storage of Excavations. Temporary storage (up to 72 -hours) of Interments
excavations is allowed provided that such excavation is covered or stored within
an appropriate container.
PREVIOUSLY CONDITION 1.g OF RESOLUTION NO. 2015-102.
d. Slope Grades Maximum. Finish slopes and grades shall not exceed 3:1 and shall
include the installation of erosion control methods, such as jute netting and plant
material.
Resolution No. 2017-03
Exhibit A
Page 1 of 28
F-10
PREVIOUSLY CONDITION 25 OF RESOLUTION NO. 2015-102.
e. Earth Interments. Earth Interments are permitted throughout the cemetery. Family
estates are also permitted, including enclosures, with low garden walls up to 36 -
inches in overall height, as measured from adjacent grade and elaborate
headstones up to 6 -feet in height. Above ground structures are allowed to contain
interments and/or niches. Above -ground structures including, but not limited to,
garden walls and above -ground headstones, shall not be allowed in required
setback areas and Area 4.
PREVIOUSLY CONDITION 1 a PER RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
Rooftop Interments. Rooftop interments shall be subject to City Council review as
described in Condition No. 2b. Except as may otherwise be permitted by City
Council, there shall be no above ground structures, including but not limited to,
garden walls and above -ground headstones on the rooftop. Guardrails, pilasters
and/or parapet walls approved as part of the building and benches up to 36 -inches
in height are permitted on the rooftop.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
g. Additional Interment Areas. Mausoleum building and garden areas shall be
permitted to be retrofitted to accommodate niches and vaults throughout the
property.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
h. Minor Cemetery Improvements. Minor cemetery improvements, including but not
limited to, water features, garden walls, bench memorials, gardens, upright
memorial features, statues, stone features (including stone landscaping features),
cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges,
cremation benches, outer interment containers and above ground vaults, and
similar features up to 36 inches in height and outside of the required structure
setbacks and Area 4 shall be permitted and exempt from Condition No. 2.
Inconsistengy of Conditions. Below are specific conditions for individual areas
(Areas 1-13). In the event of any inconsistencies between the general provisions
of this Conditional Use Permit and the individual areas, the conditions of the
individual areas (Areas 1-13) shall supersede any other conditions that govern
other areas of the Green Hills property.
j. Soils Testing. The property owner shall submit a soils testing protocol report
appropriate for the cemetery that shall be reported to the City Council prior to the
2017 Annual Review to determine if soil testing should be conducted.
Resolution No. 2017-03
Exhibit A
Page 2 of 28
F-11
2. Review of Future Improvements: Future improvements shall be in substantial
compliance with the Master Plan Revision approved by the Planning Commission on
April 24, 2007 and July 22, 2014, and the City Council on November 17, 2015, as
indicated in these conditions of approval and will be reviewed by the Director of
Community Development ("Director") under Condition No. 2a or the City Council under
Condition No. 2b, as described below.
a. Director Review.
Unless the Director refers the application directly to the City Council as described
below, the following improvements may be reviewed by the Director through a Site
Plan Review, subject to appeal to the Planning Commission (or thereafter to the
City Council):
(1) Minor Modifications. Minor modifications to the approved plans or any of the
conditions that will achieve substantially the same results as would strict
compliance with such plans and conditions.
(2) Small Buildings. Except for mausoleums or unless otherwise addressed
herein, all other structures less than 120 square feet in size, including but not
limited to gazebos and shade structures, not exceeding 16 feet in height
located outside of the required setbacks, not on an extreme slope (35% or
more), and not on the roof of a mausoleum building.
PREVIOUSLY CONDITION NO. 1J OF RESOLUTION NO. 2015-102.
(3) Cemetery Related Features. Customary cemetery -related features over 36
inches in height, including but not limited to, water features, garden walls,
bench memorials, gardens, upright memorial features, statues, stone features
(including stone landscaping features), cenotaph walls, topiaries, sculptures
and other artistic works, ossuaries, bridges, cremation benches, outer
interments containers and above ground vaults, and similar features, provided
that the height of such features shall not exceed 16 feet. In setback areas,
such features are not permitted unless specified in the respective Area
conditions (Areas 1-13).
PREVIOUSLY CONDITION NO. 1k OF RESOLUTION NO. 2015-102.
(4) Fences and Walls. Freestanding fences and walls, including perimeter walls,
up to 8 feet in height shall be permitted throughout the property. Fences and
walls (excluding perimeter fences and walls) located outside of structure
setbacks may accommodate niches or vault interments and are not subject to
interment setbacks. Perimeter fences and walls shall be solid.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 3 of 28
F-12
(5) Retaining Walls. Retaining walls shall be permitted throughout the property
and may accommodate niche or vault interments.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
(6) Grading. Grading shall be permitted throughout the property, provided that the
Director determines that the grading substantially complies with the Master
Plan and conditions. Any grading associated with new mausoleum buildings
shall be subject to City Council review under Condition No. 2b. With the
exception of Areas 1, 4, 5, 6, and 11, permitted grading includes grading of
areas for mass installation of vaults. Prior to commencing any earth movement,
the property owner shall obtain a grading permit as required by the Rancho
Palos Verdes Municipal Code. Grading permit shall not be required for
individual interments.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
Prior to considering a Site Plan Review application, the Director shall give a 15 day
written notice for an opportunity to comment on the matter to owners of property
within a 500 -foot radius of the site of the improvements, if any, 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. Upon the Director's determination, Notice of the Director's decision
shall be issued to the aforesaid parties and the applicant, who shall have 15 days
to appeal the decision in writing to the Planning Commission, then to the City
Council.
In lieu of Director Review as specified above, the Director may refer future
improvements directly to the City Council in accordance with the procedure in
Condition No. 2b below.
b. City Council Review.
Significant changes to the Conditional Use Permit shall be subject to direct review
and approval by the City Council. Such changes shall include the following:
(1) New construction or reconstruction of any structure over 120 square feet in
size and/or taller than 16 feet in height, including mausoleum buildings.
(2) Rooftop Interments.
(3) Any significant change in grading, including but not limited to quantities from
that shown in the Master Plan and the contours shown in the topographic
baseline survey prepared by Bolton Engineering Corp. accepted by the City
on April 12, 2016.
Resolution No. 2017-03
Exhibit A
Page 4 of 28
F-13
(4) Any modification to the Master Plan or conditions of approval, including but
not limited to, new structures in undesignated areas of the Master Plan, which
shall be processed as a revision to the Conditional Use Permit (not Site Plan
Review).
The City Council shall consider all such matters only through a noticed public
hearing. Notice of the public hearing shall be published and provided to owners of
property within a 500 -foot radius, to persons requesting notice, to all affected
homeowners associations, and to the property owner in accordance with Rancho
Palos Verdes Development Code Section 17.80.090. At that time, the City Council
may determine that the proposed improvements are in substantial compliance or
add, delete, or modify the conditions of approval or the Master Plan, as deemed
necessary and appropriate. Written notice of the City Council's decision shall be
given to the property owner.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
3. Building Silhouettes. Prior to construction of any building, including any substantial
modification or reconstruction of such buildings, the applicant shall install a certified
temporary frame silhouette before the City can deem the application complete. Once
the silhouette is constructed, a licensed engineer, land surveyor or architect must
certify that the silhouette accurately depicts the location, height and outline of the
proposed building.
PREVIOUSLY CONDITION NO. 1 I OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
4. Building Heights. Building height limitations are determined by these conditions.
The heights of each building shall be certified by a registered Civil Engineer and
submitted to the Community Development Department prior to Building Permit Final.
New mausoleum buildings (including Inspiration Slope Mausoleum) shall not exceed
20 -feet in height as measured from the highest existing/preconstruction grade
elevation covered by the structure to the highest point of the structure (including
railings and/or pilaster caps), and shall not exceed an overall height of 30 -feet as
measured from the lowest finished grade adjacent to the building to the highest point
of the structure (including railings and/or pilaster caps).
PREVIOUSLY CONDITION NO. 30 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
5. Areal ('Pacifica):
a. Structure Setbacks for the Pacifica Mausoleum:
West: 15 feet (except for portions previously approved at 5 feet and
8 feet which may not be further modified)
Resolution No. 2017-03
Exhibit A
Page 5 of 28
F-14
North: 40 feet
East: 25 feet
South: If abutting a residential zoning district, 40 feet. If abutting a
nonresidential zoning district, 25 feet
b. Earth Interments:
West: 0 feet
North: 16 feet except for the 13 interments in the northwest corner
and 6 plots already sold.
c. Supervision. During every burial service located between the north property line
and the adjacent roadway, at least one employee of the cemetery shall attend and
monitor services to ensure it is being conducted in compliance with these
conditions of approval and the cemetery park rules.
d. Vegetation. Except for the existing hedge, drought tolerant, low maintenance and
erosion controlling landscaping is required in the western setback adjacent to the
Pacifica Mausoleum expansion.
PREVIOUSLY CONDITION NO. 8 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
6. Area 2 (Inspiration Slope):
a. Grading. Area 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
completed in 2017. The construction will require adequate backfill to keep the
adjacent earth Interments section at a consistent level. Cumulatively, upon
completion, the project will have produced approximately 53,000 cubic yards of
grading; however, each phase will require between approximately 10,000 to 15,000
cubic yards of import. Thus, it is estimated that approximately 40,000 cubic yards
of import fill will be required for construction of the entire Inspiration Slope project.
PREVIOUSLY CONDITION NO. 1.b.i OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03..
b. Mausoleum. The mausoleum on Inspiration Slope shall be located as shown on
the Master Plan so as not to impair views from the Peninsula Verde neighborhood.
Any new construction or expansion of the mausoleum shall require City Council
review as described in Condition No. 2b.
PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102,
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 6 of 28
F-15
c. Rooftop Interments. Rooftop interments shall be subject to City Council review as
described in Condition No. 2b.
d. Retaining Wall. The Director shall review and approve a combination wall up to
14.16 feet in height (Building Permit No. BLD2016-00206), as measured from the
lowest adjacent finished grade to the highest point (including railings or pilaster
caps). A combination wall shall be permitted to contain niches or vaults for
cremated remains.
PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
e. Hedges. Prior to building permit final of the mausoleum, the existing hedge that
separates Crescent Lawn and Inspiration Slope shall be removed.
PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
f. Supervision. During every burial service, at least one employee of the cemetery
shall attend and monitor services to ensure it is being conducted in compliance
with these conditions of approval and the cemetery park rules.
ADDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
7. Area 3 (Reflection Mausoleum Expansion):
a. Grading. A total of approximately 14,000 cubic yards of imported fill shall be
permitted for the mausoleum construction.
PREVIOUSLY CONDITION NO. 1.b.11 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
b. Square Footage. Allow a new approximately 75,000 square foot mausoleum
building to the west of the existing mortuary, approximately 10,000 square feet of
which will be above grade and approximately 65,000 square feet will be below
grade, subject to City Council review as described in Condition No. 2b.
PREVIOUSLY CONDITION NO. 1.d OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
8. Area 4 (North Terrace Drive):
a. Grading. Prior to grading operations for new earth interments areas, the property
owner shall submit a grading plan, prepared by and wet -stamped by a licensed
engineer. The existing grade elevation shall not be raised without prior approval
by the Director, pursuant to Condition No. 2a.
Resolution No. 2017-03
Exhibit A
Page 7 of 28
F-16
PREVIOUSLY CONDITION NO. 3 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
b. Structures. No above ground structures are permitted within the 8 foot setback
from the north property line, including but not limited to, garden walls for family
estate interments, or other built-up structures.
PREVIOUSLY CONDITION NO. 1.f OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
c. Earth Interment Setbacks:
East: 0 feet
North: 8 feet
ADDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
d. Perimeter Fence or Wall. An 8 foot tall freestanding solid fence or wall shall be
installed along the north property line abutting the rear yards of the residential
properties on Peninsula Verde Drive. Notwithstanding existing encroachments by
the abutting residents, the property owner shall be responsible for installing a
perimeter fence or wall by January 31, 2018, subject to Condition No. 2a.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
e. Landscape Screening. In areas where no landscaping exists, the property owner
shall submit a landscaping plan to the Director for review and approval and shall
install landscaping within 90 -days of installation of the perimeter fence or wall (refer
to Condition 10.d above) for screening purposes. Landscaping shall be planted
on the cemetery side and shall measure at least 8 feet in height from adjacent
grade. Neither the existing nor proposed landscaping shall significantly impair any
near or far view as defined by the Development Code. The property owner shall
be responsible for continuous maintenance of said landscaping.
PREVIOUSLY CONDITION NO. 19 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
f. Supervision. During every burial service located between the north property line
and the adjacent roadway, at least one employee of the cemetery shall attend and
monitor services to ensure it is being conducted in compliance with these
conditions of approval and the cemetery park rules.
ADDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 8 of 28
F-17
9. Areas 5 and 6:
a. Grading. Approximately 137,000 cubic yards of grading is permitted to
accommodate future mausoleum buildings and earth interments.
PREVIOUSLY CONDITION NO. 1.1h OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
b. Excess Material/Stockpiling. Excess earth material resulting from interment sites,
ground spoils, construction, or site grading, shall be permitted to be
stored/stockpiled. No later than May 5, 2017,the property owner shall develop a
plan for review and approval by the Director that mitigates the unsightly aesthetic
conditions related to the stockpiling, storage of materials and trash through
improved screening and dust control measures. The plan shall include time frames
for installing and maintaining the screening and dust control measures.
PREVIOUSLY CONDITION NO. 1 h OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
c. Mausoleums in Area 6. Allow 5 separate mausoleum buildings with each footprint
measuring approximately 24,000 square feet, subject to City Council review as
described in Condition No. 2b.
d. Structure Setbacks:
West: 5 feet
South: 40 feet
e. Earth Interments Setbacks:
West: 5 feet
South: 20 feet (presumes 8 foot landscape buffer and 10 foot wide
roadway)
Landscape Screening. Landscaping shall be planted within 8' of the south
perimeter wall on the cemetery side prior to the completion of the roadway (refer
to Condition 11.g above) for screening purposes. Landscaping shall measure at
least 8 feet in height from adjacent grade. Neither the existing nor proposed
landscaping shall significantly impair any near or far view as defined by the
Development Code. The property owner shall be responsible for continuous
maintenance of this landscaping.
PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 9 of 28
F-18
g. Road. The future road extension that parallels the south property line shall be
completed prior to the City issuing a final occupancy permit for any building in Area
6. The future road extension that parallels the south property line shall be setback
a minimum of 8 feet from the future wall to provide a landscape buffer as required
in Condition No. 9f.
PREVIOUSLY CONDITION NO. 27 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
h. Supervision. During every burial service, at least one employee of the cemetery
shall attend and monitor services to ensure it is being conducted in compliance
with these conditions of approval and the cemetery park rules.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
i. Historic Church in Area 6. Revision "D" to conditional use permit of the Green Hills
permits the placement of an historic church building in Area 6 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.
(1) The church building may be used for funeral services only, and may not be
used for congregational church services. Further, the existing bell may remain
as a decorative feature only, and the bell or bell recordings may not be used.
(2) Major additions to the church building or relocation of the church building to
another location on the property are not allowed without prior City Council
approval.
3 Hours. The Chapel may be open to the public from 7:00 a.m. to 9:00 p.m.
Monday through Sunday.
PREVIOUSLY CONDITION NO. 1.1 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
10. Area 7 [Southwest Terrace Mausoleum):
a. Grading. Area 7 will not require import of fill since the amount of excavation far
exceeds the amount of backfill necessary for this 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 30years.
PREVIOUSLY CONDITION NO. 1.b.iii OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 10 of 28
F-19
b. Mausoleum. New mausoleum is permitted at the southwest side of the cemetery,
with a building footprint of approximately 38,000 square feet, subject to City
Council review as described in Condition No. 2b.
PREVIOUSLY CONDITION NO. 1.e OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
c. Setbacks:
Structures West: 5 feet
Earth Interments West: 5 feet
ADDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
11. Area 11(Pacific Terrace/Memorial Terrace Mausoleum :
a. Grading. Area 11 will not require import of fill since the amount of excavation far
exceeds the amount of backfill necessary for this mausoleum building, 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.
PREVIOUSLY CONDITION NO. 1.b.1111i OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
b. Setbacks for the Pacific Terrace/Memorial Terrace Mausoleum are as follows:.
North: 8' feet for the portion constructed and finaled as of 2013.
40' feet for future expansions.
West: If abutting a residential zoning district, 40' feet.
If abutting a nonresidential zoning district, 25' feet.
South: If abutting a residential zoning district, 40' feet.
If abutting a nonresidential zoning district, 25' feet.
East: 25' feet
PREVIOUSLY CONDITION NO. 8.a OF RESOLUTION NO. 2015-102.
c. Tractor Ramp. The entire length of the tractor ramp shall be left clear at all times
when not in use. No vehicles, landscaping equipment, construction equipment,
storage containers, etc. may be parked, stored or left on the tractor ramp.
PREVIOUSLY CONDITION NO. 1.3.a OF RESOLUTION NO. 2015-102.
a. Ramp Guardrail. The guardrail fence along the tractor ramp and along the top of
the mausoleum building along the north (rear) shall not be a solid wall and shall be
maintained as a wrought iron guardrail.
Resolution No. 2017-03
Exhibit A
Page 11 of 28
F-20
PREVIOUSLY CONDITION NO. 1.3.d OF RESOLUTION NO. 2015-102.
b. Screen Rear Wall. The Northern (rear) wall of the mausoleum building shall be
screened by a type of wall vine landscaping. The landscaping shall be planted
and allowed to grow on the wall only, to the satisfaction of the Director and shall
not grow above the wall.
PREVIOUSLY CONDITION NO. 1.3.b OF RESOLUTION NO. 2015-102.
c. Landscapinq.
(1) Roof. With the exception of ground cover, no other vegetation shall be planted
on the roof of the Pacific Terrace/Memorial Terrace Mausoleum. For other
areas within Area 11 that are outside the footprint of the Pacific
Terrace/Memorial Terrace Mausoleum, only ground cover, shrubs and other
vegetation below the height of the existing wall on the property line are allowed.
Vines are allowed on the northern wall of the Pacific Terrace/Memorial Terrace
Mausoleum building provided that they do not exceed the solid building
parapet.
PREVIOUSLY CONDITION NO. 1.3.c OF RESOLUTION NO. 2015-102.
(2) Tree Screen at Mausoleum. If desired by the Vista Verde Condominium
Association, applicant shall plant suitable trees or landscape screening
between the condominium building and the Mausoleum. The Director shall
approve the materials, size, and plant spacing. Applicant shall keep the screen
in good health and replace any plants when necessary to maintain the screen
without obstructing significant views.
PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2n15 -1n2.
d. Additions to Mausoleum. No additions or expansion shall be allowed to the
existing Pacific Terrace/Memorial Terrace Mausoleum in Area 11. No new
mausoleum building shall be constructed within Area 11 without first obtaining City
Council approval at a duly noticed public hearing following the process set forth in
Condition 2b.
PREVIOUSLY CONDITION NO. 1.3.e OF RESOLUTION NO. 2015-102.
e. Rooftop Interments. The following conditions are applicable to all interments on
the roof of the Pacific Terrace/Memorial Terrace Mausoleum Building.
PREVIOUSLY CONDITION NO. 1.3.5 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2016 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 12 of 28
F-21
(1) Pre and Post Service. Pre -service interment preparation and post -service plot
backfilling of the rooftop earth interments on the Pacific Terrace/Memorial
Terrace Mausoleum building shall only be allowed between the hours of 10:00
a.m. and 3:00 p.m., Monday through Sunday (See Condition 17).
PREVIOUSLY CONDITION NO. 1.3.5.a OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03.
(2) Hours. Burials and all associated services on the roof top earth interments of
the Pacific Terrace/Memorial Terrace Mausoleum building shall only be
allowed between the hours of 10:00 a.m. and 3:00 p.m., Monday through
Sunday.
PREVIOUSLY CONDITION NO. 1.3.5.b OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03.
(3) Sales. Sales personnel shall be allowed to show potential roof -top earth
interment plots on the Pacific Terrace/Memorial Terrace Mausoleum building
in Area 11, only between the hours of 10:00 a.m. and 3:00 p.m. Monday through
Sunday.
PREVIOUSLY CONDITION NO. 1.3.5.f OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2016 PER RESOLUTION NO. 2017-03.
(4) Haul Vehicle. The use of a mini -haul vehicle (which is illustrated in Green Hills'
power point presentation to the Planning Commission on May 13, 2014) shall
be limited to pre -service interment preparation and post -service plot backfilling
of the rooftop earth interments during the hours of 10:00am and 3:00 p.m.,
Monday through Sunday.
PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03.
(5) Sound. The use of amplified sound is prohibited on the rooftop of the Pacific
Terrace/Memorial Terrace Mausoleum building. This prohibition shall not apply
to the amplified sound for the playing of "Taps" as part of funeral services for
military personnel and for police, fire and other first responders.
PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102.
(6) Tenting. All services on the rooftop of the Pacific Terrace/Memorial Terrace
Mausoleum building shall be conducted within temporary covered tenting that
is enclosed on a minimum of 2 sides, as illustrated in Green Hills' power point
presentation to the Planning Commission on May 13, 2014. One of the two
covered sides shall be the north side facing the Vista Verde Condominium
Resolution No. 2017-03
Exhibit A
Page 13 of 28
F-22
complex. Temporary tenting shall be erected no earlier than 2 hours prior to
the burial service and shall be removed within 2 hours after the burial service.
PREVIOUSLY CONDITION NO. 1.3.5.e OF RESOLUTION NO. 2015-102.
(7) Notice to Property Owners. Small flags shall be placed on any interment site
located on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum
within 24 hours after a burial service has been scheduled for that site, to provide
neighboring property owners with advanced notice of scheduled interment and
burial services, unless burial will be in less than 24 hours from death in which
case flags will be placed as soon as possible before the service. The property
owner shall also post on its publicly accessible website
(www.greenhillsmemorial.com) additional details concerning the anticipated
time and date of scheduled burial services.
PREVIOUSLY CONDITION NO. 1.3.5.q OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03.
(8) Supervision. During every burial service occurring on the rooftop of the Pacific
Terrace/Memorial Terrace Mausoleum, at least one employee of the cemetery
shall attend and monitor services to ensure it is being conducted in compliance
with these conditions of approval and cemetery park rules.
PREVIOUSLY CONDITION NO. 1.3.5.h OF RESOLUTION NO. 2015-102.
(9) Excluded Areas. In no event shall below -grade interments be allowed on the
roof of the Memorial Terrace Mausoleum building that are within 16 -feet from
the northern property line. Specifically, plots illustrated in sections 540 through
553, as depicted in the attached Exhibit C of this Resolution, are hereby
eliminated.
PREVIOUSLY CONDITION NO. 1.3.5.i OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
(10) Mediation with Homeowners. Owners in the Vista Verde Condominium
Project have made objections and claims against the City concerning the fact
that the Pacific Terrace/Memorial Mausoleum is constructed at the 8 foot
setback line instead of the previous setback which existed before 2007. If
requested by the Vista Verde homeowners, Green Hills will undertake an
appraisal to determine if there has been a loss of real estate value resulting to
the homeowners from the construction of the Mausoleum and what that loss
might be. Green Hills will participate in a mediation process with the Vista
Verde homeowners and attempt to settle claims by such homeowners for
values up to the amount of the appraisal differential, using either the existing
appraisal or a new appraisal requested by the Vista Verde homeowners. City
representatives will also participate in this mediation on behalf of City. If the
Resolution No. 2017-03
Exhibit A
Page 14 of 28
F-23
Vista Verde homeowners refuse to participate in the mediation, or the
mediation does not result in a settlement of the disputes, then Green Hills is
responsible for defense of its entitlements pursuant to the indemnification
provisions in Condition 32.
PREVIOUSLY CONDITION NO. 40 OF RESOLUTION NO. 2015-102.
12.Area 13 (Administration Building):
a. Expansion. The approval for the Administration Building expansion project is
Revision "E" to the Green Hills Conditional Use Permit and shall be consistent with
the approved plans prepared by Bolton Engineering Corp. dated April 9, 2015
(sheets C-0, C-1, ESCP, RW -1) and Anthony Frank Inferrera dated April 4, 2015
(sheet A-0 only), that allows 3,323 square feet of single -story office additions, 648
square foot covered walkway extension, and 316 square foot covered entry to the
Administration Building.
PREVIOUSLY CONDITION NO. 1.1.a OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
b. Temporary Modular Bui{dings. Allow temporary modular buildings to remain on
site, but be removed prior to April 22, 2017 or Building Permit Final of the
expansions, whichever comes first. Any extension requests shall be reviewed by
the City Council prior to April 22, 2017, pursuant to Condition No. 29.
PREVIOUSLY CONDITION NO. 1.1.1b OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
c. Parking Area. Reconfiguration of the parking area to add 22 new parking spaces,
totaling 95 parking spaces (81 required).
PREVIOUSLY CONDITION NO. 1.1.c OF RESOLUTION NO. 2015-102
d. Grading. Conduct 325 cubic yards of grading for the following emergency access
and ADA access/parking improvements:
(1) Widen the driveway (portion of Arroyo Drive) located south of the
Administration Building from approximately 20 feet to 26 feet supported by a
2.5 foot tall retaining wall to accommodate emergency vehicles.
(2) Widen the access and parking area to the north of the Administration Building
to accommodate adequate handicap van parking and ADA access area;
thereby necessitating the removal of the existing 3 foot tall retaining wall and
the construction of a new replacement retaining wall measuring up to 4.45 feet
in height.
Resolution No. 2017-03
Exhibit A
Page 15 of 28
F-24
PREVIOUSLY CONDITION NO. 1.1.d OF RESOLUTION NO. 2015-102.
e. Structure Setbacks.
East: 25 feet
West: 40 feet interior and side if abutting a residential zoning district
and 2 feet if abutting a nonresidential zoning district
South: 40 feet interior and side if abutting a residential zoning district
and 25 feet if abutting a nonresidential zoning district
PREVIOUSLY CONDITION NO. 1.2.a OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
f. Parking.
(1) Parking areas shall provide for a 25 feet outside turning radius within the facility.
(2) All parking areas shall be surfaced with asphaltic or cement concrete paving
which is at least 3 inches thick.
(3) 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 feet width by 20
feet depth in area. Parallel parking stalls shall be a minimum of 26 feet in depth.
(4) Disabled parking spaces shall be in accordance with the dimensions and
specifications of the state amended Uniform Building Code.
(5) A minimum of 5% of the paved parking area shall be devoted to interior planting
areas. All planting areas shall be at least 3 feet wide. Perimeter planting shall
not be considered part of this required interior planting.
(6) Wherever a center divider separates parking stalls facing each other, tree wells
shall be established not more than 50 feet apart for larger trees, or not more
than 30' for small and medium sized trees.
PREVIOUSLY CONDITION NO. 1.2.b OF RESOLUTION NO. 2015-102.
g. Landscaping.
(1) All plantings shall be maintained free of debris and in conformity with the
accepted practices for landscape maintenance.
(2) A 6 inches high cement concrete curb shall be constructed at the edge of all
landscaped areas.
Resolution No. 2017-03
Exhibit A
Page 16 of 28
F-25
PREVIOUSLY CONDITION NO. 1.2.c OF RESOLUTION NO. 2015-102.
(3) 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
from a certified arborist supporting removal.
PREVIOUSLY CONDITION NO. 20.a OF RESOLUTION NO. 2015-102.
h. Hours. The Administration Building public hours are limited to 8:00 a.m. to 9:00
p.m. Monday through Sunday.
PREVIOUSLY CONDITION NO. 17.b OF RESOLUTION NO. 2015-102.
13.Setbacks — All Other Areas Not Specified:
a. Earth Interments and Roads. "Garden" burial interment sites with no above -ground
structures (other than benches for seating) and roads shall be as follows:
North and South: 8 feet
East and West: 0 feet
PREVIOUSLY CONDITION NO. 6 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
b. Setbacks for Above Ground Structures. including but not limited to mausoleums
and crypts shall be as follows:
North: 80 feet or no closer than the northern perimeter road,
whichever is greater from the north property line that is
north of the maintenance yard, and 40' from the north
property line
South: 40 feet
East: 25 feet
West: 5 feet
PREVIOUSLY CONDITION NO. 7 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
14. Noise. The property owner shall conduct its activities on site so as to not create noise
nuisances to neighboring properties. Live and/or amplified music, for funeral services
community events shall be limited to the duration of the service or event. No noise
shall emanate from the property exceeding 65 dBA at the common property lines
abutting a Residential Zoning District. The property owner shall be responsible for
monitoring, preventing, and initiating timely corrective action to address any noise
problems. This condition shall apply in addition to any noise ordinance and/or code
Resolution No. 2017-03
Exhibit A
Page 17 of 28
F-26
amendment adopted by the City, and when there is conflicting requirements, the
stricter requirement shall apply.
PREVIOUSLY CONDITION NO.9 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
15. Cemetery Liaison. The property owner shall provide abutting Homeowner
Associations and any neighbors that request contact information for Green Hills
Cemetery personnel that can be contacted about operational impacts, including but
not limited to, excessive noise or other activities.
PREVIOUSLY CONDITION NO. 11 OF RESOLUTION NO. 2015-102.
16. Security. At least one security employee shall be on duty patrolling and monitoring
activities on the property for the entirety of the cemetery operation hours. Semi-annual
reports shall be submitted to the Director and reported to the City Council in the
Weekly Administrative Report.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
17. Green Hills Cemetery Nei_ hborhood Advisory Committee. Green Hills shall
establish a neighborhood advisory committee, consisting of two representatives from
the Peninsula Verde and the Rolling Riviera Homeowner's Associations, as well as a
representative from City Staff. The Committee shall meet at least once every quarter
during normal business hours to review any operational and neighborhood concerns.
Reports on the meeting shall be provided to the City Council.
ADDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03..
118.Signacle. The property owner shall install and maintain visible signage at various
locations throughout the property informing visitors of the cemetery rules, including
but not limited to, the prohibition of on-site consumption of alcoholic beverages,
excessive noise and amplified music, and disruptive behavior. At a minimum, the
cemetery park rule signs shall be installed at the park cemetery entrance and in Areas
1, 2, 4, 5, 6, and 11, approved by the Director.
PREVIOUSLY CONDITION NO. 10 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
19. Construction:
a. Construction Sites. 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.
Resolution No. 2017-03
Exhibit A
Page 18 of 28
F-27
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.
PREVIOUSLY CONDITION NO. 13 OF RESOLUTION NO. 2015-102.
b. Trash and Debris. 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 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. 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
lawful manner.
PREVIOUSLY CONDITION NO. 14 OF RESOLUTION NO. 2015-102.
c. Storage of Equipment and Supplies. 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.
PREVIOUSLY CONDITION NO. 15 OF RESOLUTION NO. 2015-102.
d. Temporary Trailers. 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 below, and
shall be approved by the Director. Further, all trailers shall be removed prior to
building/grading permit final.
PREVIOUSLY CONDITION NO. 16 OF RESOLUTION NO. 2015-102.
e. Employee Training. The property owner shall continue to provide for new
employees, training programs on a regular basis, in accordance with Cal OSHA
recommendations on the proper handling and safety requirements of equipment
and material in the mortuary and crematory, as well as compliance with the
requirements of these conditions of approval.
PREVIOUSLY CONDITION NO. 12 OF RESOLUTION NO. 2015-102.
Easements. Any grading, construction, placement of structures, including but not
limited to walls, fences, and interments on any easement, requires prior written
Resolution No. 2017-03
Exhibit A
Page 19 of 28
F-28
permission from the easement holder. All easements shall be identified on plans
submitted to the City.
PREVIOUSLY CONDITION NO. 34 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
20. Hours of Operations:
a. General. This section shall govern hours of operations except for any provision
concerning specific areas of the cemetery.
b. Hours of Facilities. Unless otherwise specified in these conditions, hours of
operation are as follows except for the following events: Easter Sunrise, Memorial
Day, Let It Snow, Harvest Festival, and Shakespeare in the Park. The property
owner shall provide the dates of the aforementioned events to the Director by
January 1St of each year.
Park Hours: 7am to 5pm — November through March
7am to 6:30pm — April through October
Mausoleum Hours: 7am to 4:30pm — November through March
7am to 6pm — April through October
c. Construction Working Hours. Construction and grading activities, including but not
limited to equipment warm up, geologic investigations, interments excavation for
placement of vaults and installation or removal of large landscape materials or
landscaping maintenance shall be limited to 7:00 a.m. to 4:00 p.m. on weekdays
only.
d. Construction In Proximity to Residential. Notwithstanding the foregoing, within 120
feet of any property line abutting a Residential Zoning District, no construction or
grading, including grading operations to prepare sites for earth interments, shall
occur before 9:00 a.m. or after 3:30 p.m. All equipment shall be equipped with a
muffler to reduce on-site grading and construction noise levels.
e. Non -Construction and Burial Related Activity. Excavation for removal and
replacement of vault tops and earth for preparation of interment sites, 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.
PREVIOUSLY CONDITION NO. 17 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 20 of 28
F-29
21. Landscaping and Irrigation. Landscaping and irrigation in all setbacks require
review and approval by the Director 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. Prior to installation,
the Director shall review and approve the landscape and irrigation plan for the setback
areas. All existing and future landscaping shall be properly maintained in a healthy
and trimmed manner at all times.
PREVIOUSLY CONDITION NOS. 18 and 24 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
22.Mitirtation Monitoring. 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:
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 and shall
comply with RPVDC Section 17.56.040 (Outdoor lighting for nonresidential uses).
A-2: No exterior, building -mounted lighting is allowed on the fagade 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 and shall comply
with RPVDC Section 17.56.040 (Outdoor lighting for nonresidential uses).
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 and shall comply with RPVDC Section
17.56.040 (Outdoor lighting for nonresidential uses).
AQ -1: Prior to construction of each building contained in the approved Master Plan,
the applicant shall submit a grading plan prepared by and wet -stamped by a licensed
engineer for review and approval by the Director to ensure consistency with the
approved Master Plan, in accordance with Condition 2a, which shall include, but not
be limited to, grading quantities, height, area and location of buildings and that the
buildings will not have adverse impacts upon adjacent properties.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
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.
Resolution No. 2017-03
Exhibit A
Page 21 of 28
F-30
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.
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.
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.
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.
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.
AQ -8: During the daily cemetery operations, the property owner shall ensure that all
clearing and earth moving will 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.
AQ -9: During the daily cemetery operations, the property 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.
AQ -10: The property 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.
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.
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.
Resolution No. 2017-03
Exhibit A
Page 22 of 28
F-31
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.
AQ -14: The Director or the City Council shall review future improvements in
accordance with Condition No. 2. The City Council shall review any changes to #er
the Master Plan or the conditions of approval associated with the Master Plan in
accordance with Condition No. 2b. At that time, the City Council may add, delete, or
modify the conditions of approval as deemed necessary and appropriate.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03,
GS -1: The property owner 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.
GS -2: The property owner 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.
HW -1: The property owner 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, or his/her
designee prior to the issuance of grading and building permits for any mausoleum
building.
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 48 hours prior to work on a federally observed
holiday.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
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
Resolution No. 2017-03
Exhibit A
Page 23 of 28
F-32
maximize the distance between staging activities and neighboring properties, subject
to approval by the building official.
N-3: The City Council shall conduct an annual review or as deemed necessary by the
City Council to review the property owner's compliance with all conditions of approval
associated with the Master Plan. At that time, the City Council 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' foot 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.
PREVIOUSLY CONDITION NO. 5 OF RESOLUTION NO. 2015-102.
AMENDED ON ,JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
23.Sewer and Water Facilities. 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 requirements shall be satisfied prior to building
permit issuance for mausoleum buildings. 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
PREVIOUSLY CONDITION NO. 26 OF RESOLUTION NO. 2015-102.
24.Compliance With Authorities. Development shall comply with all requirements of
the various municipal utilities and agencies that provide public services to the site. On
an annual basis, the property owner 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 property owner 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.
PREVIOUSLY CONDITION NO. 31 OF RESOLUTION NO. 2015-102.
25.State Permits. On an annual basis, the property owner shall provide the City with
copies of current and valid permits and/or licenses from the State Cemetery and
Funeral Board.
PREVIOUSLY CONDITION NO. 32 OF RESOLUTION NO. 2015-102.
26. Encroachment Permits. Prior to conducting any work in the public right of way, such
as for curb cuts, dumpsters, temporary improvements and/or permanent
improvements, the property owner shall obtain an encroachment permit from the
Director of Public Works.
Resolution No. 2017-03
Exhibit A
Page 24 of 28
F-33
PREVIOUSLY CONDITION NO. 33 OF RESOLUTION NO. 2015-102.
27. No Waiver of Law. 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.
PREVIOUSLY CONDITION NO. 35 OF RESOLUTION NO. 2015-102.
28.Conflict of Law. 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 development standards of the City's Municipal Code,
including but not limited to height, setback and lot coverage standards. In the event
that a Planning requirement and a Building & Safety requirement are in conflict with
one another, the stricter standard shall apply.
PREVIOUSLY CONDITION NO. 36 OF RESOLUTION NO. 2015-102.
29. Enforcement.
a. Revocation. Should the property owner fail to comply with any of these conditions
of approval or mitigation measures, after written notice to applicant and the
opportunity to cure, 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 foot 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. 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.
b. Administrative Citation. In addition to Condition No. 33.a, the property owner may
be subject to administrative citations as described in Section 1.16 of the City's
Municipal Code for failing to comply with all of these conditions of approval.
PREVIOUSLY CONDITION NO. 37 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
30. Submission Property Line Survey Maps. Within 30 days from November 17, 2015,
the property owner submitted a certified property line survey to the Director verifying
that the existing above ground interments and structures do not exceed 6 -feet in
height outside of the required 5 foot setback along the west property line in the area
south of the Pacifica Mausoleum building (Area 1).
PREVIOUSLY CONDITION NO. 38 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 25 of 28
F-34
31. Recordation of Final Maps. The property owner shall submit any map to the Director
to be recorded at least 30 -days prior to recording of said map with the Los Angeles
County Recorder's Office. No later than 30 days after recordation, the property owner
shall submit a recorded copy to the Director.
ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
32. Fees and Casts. Except as otherwise specified, the property owner is responsible
for all costs complying with the provisions of the Master Plan and of this Conditional
Use Permit. The property owner shall be required to pay 110% of the estimated
amount of the cost of services to be provided on behalf of the City by any outside
consultants that have been retained by the City to render services specifically in
connection this project, in the form of a trust deposit account (or reimbursement
agreement or other instrument approved by the City Attorney), prior to
commencement of such services (e.g. City Attorney, City Engineer, Geotechnical
Consultants, Noise Consultants, etc.). The property owner shall adequately fund the
trust deposit account prior to the commencement of services, in amounts reasonably
requested by the City, based upon an estimate of the cost of services for the period
of at least 90 days for which services are rendered. In addition, the trust deposit
account shall be replenished within two weeks of receipt of notice from the City that
additional funds are needed.
PREVIOUSLY CONDITION NO. 39 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
33. Defense of Claims Against Project.
a. Non -Liability of City. The Parties acknowledge that: (i) In the future there may be
challenges to legality, validity and adequacy of the Project approvals; and (ii) If
successful, such challenges could delay or prevent the ongoing use of the Project
as provided herein. In addition to the other provisions of the CUP, including,
without limitation, the provisions of this Section, City shall have no liability under
the CUP for the inability of property owner to develop the Property as contemplated
by the Master Plan or the CUP as the result of a judicial determination that the
General Plan, Master Plan, the Land Use Regulations, the CUP, or portions
thereof, are invalid or inadequate or not in compliance with law.
b. Revision of Land Use Restrictions. If for any reason the General Plan, Master
Plan, Land Use Regulations, this CUP or any part thereof of the property approvals
is hereafter judicially determined as provided above to be not in compliance with
the State or Federal Constitutions, laws or regulations and if such noncompliance
can be cured by an appropriate amendment thereof otherwise conforming to the
provisions of this CUP, then the CUP shall remain in full force and effect to the
extent permitted by law. The Master Plan and this CUP shall be amended, as
necessary, in order to comply with such judicial decision.
Resolution No. 2017-03
Exhibit A
Page 26 of 28
F-35
c. Scope of Indemnification. The property owner shall agree to defend, indemnify
and hold harmless, the City, its agents, officers and employees from any claim,
action or proceeding against the City and the application will either undertake
defense of the matter and pay the City's associated legal costs, or will advance
funds to pay for defense of the matter by the City Attorney. If the City fails to
promptly notify the property owner of any such claim, action or proceeding or fails
to cooperate fully in the defense, the property owner shall not, thereafter, be
responsible to defend, indemnify or hold harmless the City. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
property owner's consent, but should it do so, the City shall waive the
indemnification herein, except the City's decision to settle or abandon a matter
following an adverse judgment or failure to appeal, shall not cause a waiver of
indemnification rights herein, providing, however, that the adverse judgment or
failure to appeal is not due to the City's failure to promptly notify Applicant or to
cooperate fully in the defense. The foregoing includes, but is not limited to, any
and all claim(s), causes of action or lawsuit(s) brought by the Claimants, by their
homeowners' association or by anyone else on their behalf.
d. Limitation of Indemnity. Notwithstanding the generality of the above, for purposes
of the current claims by the Vista Verde homeowners concerning the Mausoleum,
the City shall bear its own legal defense costs, but this restriction shall not apply
to future matters.
e. Hold Harmless: Construction and Other Activities. The property owner hereby
agrees to, and shall defend, save and hold City and its elected and appointed
boards, commissions, officers, agents, and employees harmless from any and all
claims, costs (including attorneys' fees) and liability for any damages, personal
injury or death, which may arise, directly or indirectly, from Green Hills or Green
Hills' agents, contractors, subcontractors, agents, or employees' operations under
the CUP, whether such operations be by the property owner or by any of the
property owner's agents, contractors or subcontractors or by any one or more
persons directly or indirectly employed by or acting as agent for the property owner
or any of the property owner's agents, contractors or subcontractors. Nothing
herein is intended to make the property owner liable for intentional wrongful and/or
reckless acts of City's officers, employees, agents, contractors or subcontractors.
f. Survival of Indemnity Obligations. All indemnity provisions set forth in this
Agreement shall survive termination of this Agreement or CUP for any reason other
than City's default.
PREVIOUSLY CONDITION NO. 41 OF RESOLUTION NO. 2015-102.
34.Applic_ant Acceptance of Conditions. The 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
Resolution No. 2017-03
Exhibit A
Page 27 of 28
F-36
thirty (30) days following the date of this approval (January 31, 2017) shall render this
approval null and void.
PREVIOUSLY CONDITION NO.4 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2017-03
Exhibit A
Page 28 of 28
F-37
CITY OFA�RANCHO PALOS VERDES
MEMORANDUM
TO: ARA MIHRANIAN, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM: SO KIM, DEPUTY DIRECTOR/PLANNING MANAGER
DATE: OCTOBER 23, 2017
SUBJECT: MAJOR GRADING PERMIT (CASE NO. ZON2017-00324) TO
IMPROVE AREA 5 AT 27501 WESTERN AVENUE (GREEN
HILLS MEMORIAL PARK); APPLICANT/OWNER - GREEN
HILLS MEMORIAL PARK
RECOMMENDATION
Approve a Major Grading Permit to conduct 41,200yd3 of balanced grading to accommodate the
installation of vaults associated with earth interments, 3' tall walls, and water features in the
unimproved portions of Area 5 (Arroyo Vista) of the City Council -Approved Master Plan for Green
Hills Memorial Park, subject to the Conditions of Approval in Exhibit "A" (Case No. ZON2017-
00324).
ffq:101ael"J►` I s,
On July 21, 2017, pursuant to Council -adopted Condition No. 2.a(6) of Resolution No, 2017-03,
Green Hills Memorial Park submitted a Major Grading Permit application requesting to conduct earth
movement to accommodate the installation of vaults associated with earth interments, 3' tall walls,
and water features in the unimproved portions of Area 5 (Arroyo Vista) of the Master Plan of Green
Hills Memorial Park. On August 7, 2017, the application was deemed incomplete for processing
based on insufficient information on the plans. The Applicant submitted the requested information
and on August 29, 2017, the application was deemed complete for processing.
On August 30, 2017, a 15 -day public notice was provided to all property owners within 500' radius of
the subject site for comments. Staff received four letters expressing concerns with the proposed
project in response to the public notice, which are discussed in more detail under `Additional
Information' (see attachment).
SITE DESCRIPTION
Green Hills Memorial Park cemetery is located at 27501 Western Avenue in the northeast corner of
the City, bordering the City of Lomita, the City of Rolling Hills Estates, and the City of Los Angeles.
The cemetery was first established in 1948 and, at the time, was located within an unincorporated
area of Los Angeles County. The property became part of the City of Rancho Palos Verdes when
the "Eastview" area was annexed in 1984. The property is approximately 121 -acres in size, and is a
privately owned and operated cemetery facility within the City's Cemetery (C) Zoning District. The
cemetery is bordered by residential uses to the north and south, a major street to the east (Western
G-1
Avenue), Rolling Hills Covenant Church and Palos Verdes Reservoir to the west. The operation of
the cemetery is governed by a Conditional Use Permit approved by the City Council, most recently
on January 31, 2017 under Resolution No. 2017-03. The cemetery operates Monday through
Sunday, and consists of interments, mausoleum buildings, an office building, mortuary, chapel,
flower shop, and a maintenance yard and related buildings.
PROJECT DESCRIPTION
The Applicant requests approval of a Major Grading Permit to conduct 41,200yd' of balanced earth
movement (20,600yd3 of cut and 20,600yd3 of fill) to accommodate the installation of vaults
associated with earth interments in unimproved portions of Area 5 (Arroyo Vista) of the Master Plan.
The proposed project includes individual interments, family estates, and lawn niche areas. Walls
measuring 3' in height are proposed to enclose the family estate areas, along portions of the
walkways, and water features. Water features include shallow ponds and channels measuring
approximately 1' in depth are proposed as decorative features throughout Area 5. The water
features will be designed with rocks and vegetation to resemble a natural drainage stream and
pond, and will use recycled water on a continuous loop.
DISCUSSION
Major Grading Permit
Pursuant to City Council -adopted Resolution No. 2017-03, Condition No. 2.a(6), grading shall be
permitted throughout the property, provided that the Director determines that the grading
substantially complies with the Master Plan.
The Master Plan allows Area 5 to be developed with earth interments, and the proposed project
consists of grading to accommodate the earth interments. No buildings, including mausoleum
buildings, are proposed in this area. Condition No. 9 of Resolution No. 2017-03 permits
approximately 137,000yd3 of grading in Areas 5 and 6. To date, a total of 27,169yd3 of grading has
been conducted in Area 5 to accommodate future earth interment sites. The proposed 41,200yd' of
grading combined with the previous 27,169yd' of grading, results in a total of 68,631yd' of grading
remaining for Areas 5 and 6. In assessing the project, the proposed contours are consistent with the
baseline topography plan accepted by the City on April 12, 2016. The proposed water features and
3' tall walls are considered customary cemetery related features and are allowed without further
review.
Condition No. 2.a(3) of City Council -adopted Resolution No. 2017-03 only requires Director review
for cemetery related features over 3' in height. The proposed grading is consistent with the findings
made by the City Council for the Master Plan in that the proposed grading is within the maximum
allowed quantity of grading, the finished grades are consistent with the baseline topography, and the
proposed use is permitted for Area 5. Therefore, the proposed project substantially complies with
the Master Plan and the City Council -adopted Resolution No. 2017-03.
ADDITIONAL INFORMATION
Public Correspondence
Staff received 4 letters in response to the public notice (see attached). Three of the letters were from
the Rolling Hills Riviera HOA residents adjacent to the southerly property line expressing concerns
related to the potential diversion of surface and groundwater as a result of the proposed project. The
G-2
remaining letter was from a Vista Verde HOA resident adjacent to the northwesterly property line
expressing concerns related to the quantity of earth movement; number of interments; soils report
compliance; non-compliance with Resolution No. 2017-03 Condition Nos. 9(b) and 9(f); and
setbacks. These concerns are discussed below.
Potential Diversion of Water Runoff
The proposed project may result in diverting water runoff onto the properties adjacent to the
southern property line. The residents request that appropriate studies be required to prevent the
diversion of water runoff.
Staff's Response: As part of the City's Grading permit process, the Applicant will be required to
submit a drainage plan for review and approval by the City Engineer prior to permit issuance by the
Building and Safety Division. The drainage plan will, among other things, identify how ground runoff
will be collected and diverted to the appropriate drainage inlets to ensure that drainage across
property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage
will be required to be contained on site or directed to an approved drainage facility (California
Building Code Section J109.4 — Drainage across property lines). Furthermore, the City accepted a
survey dated April 12, 2016 as the baseline topographic plan for the cemetery. The contour lines on
the proposed plan shows no change to the existing grades. As a result, there should be no changes
to existing runoff flows at the project area.
Quantity of Earth Movement
It is not clear whether the proposed quantity of grading falls within the permitted levels of grading for
Areas 5 and 6.
Staff's Response: As discussed above, Condition No. 9 of Resolution No. 2017-03 permits
approximately 137,OOOyd3 of grading in Areas 5 and 6 to accommodate improvements associated
with earth interments. To date, a total of 27,169yd3 of grading has been conducted in Area 5. With
the proposed 41,200yd3 of grading combined with the previous 27,169yd3 of grading, a total of
68,631yd3 of grading remaining forAreas 5 and 6. Staff has determined thatthe proposed grading is
consistent with the findings made by the City Council for the Master Plan and the proposed contours
will continue to resemble the existing contours as memorialized in the City -accepted topographic
plan in 2016. Therefore, the proposed amount of grading falls within the permitted level of grading
for Areas 5 and 6.
Number of Interments
The total number of proposed earth interments are unknown and may not be consistent with the
Green Hills Master Plan.
Staff's Response: The Master Plan is a conceptual document that illustrates the long-term vision of
the built -out scenario for the Green Hill cemetery. Actual development of individual areas require
separate review by the City as reflected in the Council -adopted Conditions of Approval. As a result,
the number of earth interments and design of buildings, for example, are subject to change based
on a more in-depth review of separate applications. Additionally, the Master Plan acknowledges a
gradual increase in the number of interments over time. As a result, there is no maximum number of
interments set by the Council -approved Master Plan. Therefore, the Applicant is not required to
provide the City with the proposed number of interments. Nonetheless, the Grading Plans submitted
by the Applicant indicate the following number of interments:
G-3
• 3,894 lawn crypts
• 150 semi -private (up to 6 crypts per area)
• 450 family estate (up to 5 crypts per area)
• 291 lawn niches
Sails Report
A soils report should be required prior to the Director's decision pursuant to Condition No. 1 Q) of
Resolution No. 2017-03.
Staff's Response: The Applicant is required to submit a soils report to be reviewed and approved by
the City Geologist prior to permit issuance by the Building and Safety Division. A Condition of
Approval to this effect has been added to Exhibit "A". It should be noted that this soils report
requirement has no relation to Condition 10) which requires a soils testing protocol report be
submitted to the City Council prior to the next annual review (which is tentatively scheduled to occur
in February 2018).
Non -Compliance with Condition Nos. 9(b) and 9 of Resolution No. 2017-03
The Major Grading Permit cannot be approved by the Director as Green Hills has not complied with
Condition Nos. 9(b) and 9(f).
Staffs Response: Condition No. 9(b) requires Green Hills to develop a plan for Area 6 to mitigate
the unsightly aesthetic conditions related to the stockpiling, storage of materials, and trash through
improved screening and dust control measures. The plan shall include time frames for installing and
maintaining the screening and dust control measures. The Applicant submitted the plan, which was
approved by Staff in February 2017. This plan identifies trash bin locations, storage areas, and the
location, color, and material of the new chain link fence screening the entire area. Based on this
plan, Staff believes the Applicant is in compliance with this condition. Condition 9(f) requires the
installation of screening along the south perimeter wall prior to the completion of the roadway. Green
Hills has not submitted plans to improve said street. Therefore, Condition No. 9(f) is not required for
compliance at this time. That said, Applicant has been working with the neighboring Rolling Riviera
Homeowner's Association and Neighbors to develop a mutually agreeable fencing plan along the
southern property line. At this time, a final design has not been selected.
Updated Master Site Plan
The Grading Permit should not be approved until an updated Master Site Plan is submitted
indicating that the proposed improvements are in compliance with the 20' south setback.
Staff's Response: For earth interments, a 20' setback is required from the south property line. The
proposed plans show the existing perimeter wall, what appears to be a future landscape area, a 26'
wide roadway, and a side walk between the south property line and the edge of the earth interments
in Area 5. Based on the project plans, there is more than a 20' setback between the south property
line and the proposed interments.
Environmental Assessment
On April 24, 2007, the Planning Commission adopted P.C. Resolution No. 2007-32, thereby
adopting a Mitigated Negative Declaration (MND) for an Environmental Assessment for Case No.
ZON2003-00086 (Conditional Use Permit No. 55 Revision "D") for the Green Hills Cemetery Master
G-4
Plan. In adopting the Mitigated Negative Declaration, the Planning Commission found: 1) that there
would be no significant adverse environmental impacts resulting from the adoption of the Green Hills
Cemetery Master Plan; and 2) that with mitigation measures there would be no significant adverse
environmental impacts resulting from the proposed Master Plan. Subsequently, there were three
separate addendums approved for miscellaneous improvements, which were determined to be
within the scope of the previously adopted MND.
The City Council conducted Annual Reviews of the Applicant's compliance with the Conditions of
Approval associated with the Conditional Use Permit for the Master Plan in 2015 and most recently
in 2017. On January 31, 2017, the City Council adopted Resolution No. 2017-03, thereby approving
revisions to the Conditions of Approval that are consistent and in line with the Conditional Use
Permit findings. No further environmental review was considered necessary as the modifications to
the Council -adopted Conditions of Approval reduces the impacts of those operations on adjacent
properties; constitutes minor alterations to existing structures or facilities involving negligible or no
expansion of use; and will not have a significant effect on the environment.
The proposed project involving 41,200yd3 of grading to accommodate the installation of vaults and
other customary cemetery features has been determined to be in compliance with the City Council -
adopted Conditions of Approval for the Master Plan (Resolution 2017-03), as evidenced in the
discussions under'Grading Permit' above. Therefore, the proposed project is within the scope of the
previously adopted MND and no further environmental review is necessary.
Permit Streamlining Act
Pursuant to the Permit Streamlining Act, since the application was deemed complete on August 29,
2017, the action decision deadline is October 28, 2017.
CONCLUSION
Based upon the discussion above, Staff recommends the Director approve the requested Grading
Permit to conduct 41,200yd3 of balanced grading to accommodate the installation of vaults
associated with earth interments, 3' tall walls, and water features in the unimproved portions of Area
5 (Arroyo Vista) of the Master Plan for Green Hills Memorial Park, subject to the Conditions of
Approval in Exhibit "A" (Case No. ZON2017-00324).
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for the Director's
consideration:
1. Identify any issues of concern and direct the Applicant to re -design and resubmit the
application (Case No. ZON2017-00324); or,
2. Deny, without prejudice, the Major Grading Permit (Case No. ZON2017-00324).
Approved pursuant -to Sta€f's.Recommendation,
Accepted: --- Dated �3
Ara � ra
Director of Community Development
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