CC RES 2018-003 RESOLUTION NO. 2018-03
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'
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 (Z0N2017-00324);
and,
WHEREAS, on October 26, 2017, Sharon Loveys ("Appellant") filed a timely
appeal requesting that the Planning Commission overturn the Director's decision
(ZON2OI7-00324) 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
(Z0N2017-00324) 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Resolution No. 2018-03
Page 2 of 5
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.
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."
Resolution No. 2018-03
Page 3 of 5
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 as
earth interments, which is an in-ground burial of a vault that contain remains, and that
"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 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 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
compliance with the 20' south setback, including clarification of the road and landscape
buffers."
Resolution No. 2018-03
Page 4 of 5
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 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. 2018-01,
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' (ZON2O 17-00324).
PASSED, APPROVED AND ADOPTED this 16th day of January 2018.
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I, Emily Colborn, City Clerk of the City of a ho Palos Verdes, do hereby certify
that the above Resolution No. 2018-03 was dul an 0 regularly passed and adopted by
the said City Council at a regular meeting thereof h- .:►on January 16, 2018.
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AlPtity Clerk
Resolution No. 2018-03
Page 5 of 5
RESOLUTION NO. 2018-03
EXHIBIT 'A'
CONDITIONS OF APPROVAL
GRADING PERMIT (ZON2OI7-00324)
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
Resolution No. 2018-03
Exhibit A
Page 1 of 3
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 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.
Resolution No. 2018-03
Exhibit A
Page 2 of 3
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 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 and as-built grading volumes certified by a licensed
engineer depicting the finished grades.
Resolution No. 2018-03
Exhibit A
Page 3 of 3