Attachment A - Summary of Changes to Consitions Per GH Compliance ReviewAttachment A
CITY OF Rt\NCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: DAVE ALESHIRE, CITY ATTORNEY
DATE: NOVEMBER 17, 2015
SUBJECT: SUMMARY OF CHANGES TO CONDITIONS PER GREEN HILLS
COMPLIANCE REVIEW
REVIEWED: DOUG WILLMORE, CITY MANAGER fl!tN
Project Manager: So Kim, Senior PlannertlfL
BACKGROUND
On November 11, 2014, the Planning Commission adopted Resolution No. 2014-29,
imposing a moratorium on ground burials/interments and sales of burial plots on the
rooftop of the Pacific Terrace/Memorial Terrace Building located in Area 11 and on above-
ground burials within the 5' setback area along the western property line in the area south
of the Pacifica Mausoleum building, requiring a variance application for the encroachment
of the Pacific Terrace/Memorial Terrace Mausoleum and encroachment of existing
interments in the northwest corner of Green Hills Cemetery, and imposing additional
conditions of approval. While this decision was being appealed to the City Council, the
Planning Commission adopted Resolution nos. 2014-21 and 2015-09, approving
improvements to the Administration Building and its parking area. As a result, the
conditions of approval presented to the City Council on September 1st were the
combination of aforementioned resolutions and Staff recommended changes to them.
DISCUSSION
As the City is now taking a different approach to the subject appeal on the Green Hills
Cemetery, the conditions of approval has been modified accordingly. Below are proposed
changes that includes those that were presented to the City Council on September 1st. It
should be noted that similar conditions were consolidated resulting in re-numbering of the
entire exhibit for simplicity. The new text is shown in bold/underline and deleted text in
strikethrough. Major changes are discussed after each conditions of approval.
1. General: Consjstency Master Pl1n. This approval is a Revision to the Green Hills
Master Plan, and shall be consistent with the "Master Plan Amendment Submittal
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I.
Package" booklet dated January 29, 2007, prepared by J. Stuart Todd Inc.
Specifically, Revision "D" allows the following:
a. Grading 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 ground burials
throughout the cemetery site for the life of the Master Plan. The imported fill
material will be conducted in phases as each mausoleum building is constructed
over an extended period of time over the next 30-to 50-years, which will be
phased as follows:
i. Inspiration Slope (Area 2): 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 commencing in 2007. The construction will
require adequate backfill to keep the adjacent ground burial section at a
consistent level. Cumulatively, upon completion, the project will have
produced 53,000 cubic yards of grading; however, each phase will require
between 10,000 to 15,000 cubic yards of import. Thus, it is estimated that
40,000 cubic yards of import fill will be required for construction of the entire
Inspiration Slope project.
ii. Reflection Mausoleum expansion (Area 3): Construction will w~ta
not commence until completion of the Inspiration Slope Mausoleum, will
include large excavations. Since the project will be phased and there will
again be a need to import backfill for construction purposes, it is estimated
that 14,000 cubic yards of imported fill will be required for this project.
iii. Areas 7 and 11: Areas will not require import of fill since the amount of
excavation far exceed the amount of backfill necessary for these mausoleum
buildings, and the excess dirt will be placed and compacted in Areas 5 and 6
of the master plan (i.e., the southern and southwestern portions of the
cemetery site), which is not expected to be developed for another 30-years.
iv. Area 6: The final project that would require substantial imported fill would be
the mausoleums proposed for construction in Area 6. The project will not be
constructed for at least 30 years into the future, and excess dirt from the
ground burials and other mausoleum buildings will have been placed and
compacted at this location. Thus, it is anticipated that approximately 34,000
cubic yards will be imported for construction purposes and backfill.
v. Baseline: Since applicant has greviously performed grading in excess
of the provisions of the Master Plan, within 180 days of the date of the
approval of this CUP, applicant shall submit a topographic base.line
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survey certified by an independent geotechnical firm approved by
Citx showing all existing grades in a level of detail sufficient for City
to determine applicant's compliance with the foregoing grading
restrictions. Any grading will be measured against the baseline. The
topographic survey shall be paid for by applicant.
Staff's Comments: The applicant performed grading in excess of the approved conditions
of approval for the Master Plan and the City currently does not know what exactly
occurred on site. As a result, it will be difficult for Staff to track and monitor any changes
in compliance with the conditions of approval without first obtaining a baseline survey.
Therefore, this condition has been added to aid Staff in determining applicant's
compliance with future grading on the property.
e. GlaAfy-tflat-the number of a~ak}r.wRG-&t:Jf~es-at-~i:eeA r4ills Memorial
Pafk is 14,-0QQ-.tJooele Depth Burials (28,QOQ-ffitefFAefrt~. 400 Single Det*fi
Btlfiats-(4GO-ITTter.ment&).an<J 498 family estates (9,792 iA~
Staff's Comments: As this condition only dealt with ground burials, it did not serve as a
limit on total burials. As there was no regulation of annual burials, this did not serve to
regulate annual usage of the cemetery. Staff does not see a need to regulate specific
interments (family estates v. single-depth burials) as implied by this condition.
c. Area 6 of the Master Plan Revision (known as Southwest Mausoleum). Allow a
reconfiguration, relocation and additional area to the previously approved
mausoleum building, which was proposed under the original Master Plan to be
at the south side of the cemetery, from one mausoleum building with a 77,715
square foot footprint, to 5 separate mausoleum buildings with each footprint
measuring 23,653 square feet at a location that is approximately 300-feet farther
west than approved in the original Master Plan;
d. Area 3 of the Master Plan Revision (known as Garden of Reflections
Mausoleum). Allow a new 75, 131 square foot mausoleum building to the west of
the existing mortuary, whereby 9,871 square feet will be above grade and 65,260
square feet will be below grade;
e.:--Afea-4-~ter-Plan Revisieft-(J<AewR-a&Me~letlfT+r
a-Hew an aEiditieR-te-tfie.-·-ftr.evia~ed mausek:~1:1ffl--9uHaffig located
seutheast of the existiRg-maiftte~rd, from a 22, 187 Sql!af~lA§
feet13ri~3-~fe*ot building footpFint; and,
Staff's Comments: This condition has been omitted as the construction of any
mausoleums will require future Planning Commission consideration at a duly noticed
public hearing per the modified condition no. 2 below.
e. Area 7 of the Master Plan Revision (known as Southwest Terrace Mausoleum).
Reduce the size of the previously approved mausoleum building footprint at the
southwest side of the cemetery, from a 60,583 square foot building footprint to a
37,820 square foot building footprint.
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f. Area 4 of the Master Plan Revision. Only ground burials are allowed between the
north perimeter road and the 8' -0" setback from the north property line. No
garden walls for family estate burials, or other built-up structures are allowed in
this Area, and the grade/topography of this Area shall not be raised except by
written permission of the Director of Community OeveloQment Planning,
BH+lffiRg-aHEl-Ge€Je ~nfoFeeFRent. The applicant shall provide the City with a "wet-
stamped" topographical survey that illustrates the existing topography prior to
any grading to prepare this Area for ground burials, and the applicant shall
provide the City with a "wet-stamped" topographical survey that illustrates the
finish topography of Area 4 after the Area has been prepared for ground burials.
§7 Ground Burial Areas. Except for reguired setback areas and Area 4, where
above ground structures are not allowed pursuant to Condition No. 1f
above, ~he areas in the Master Plan Revision called out for ground burials,
t-ABi}ffiUfld burfais..may include family estates, which are areas designated for
the burial of a group of persons who typically are related by blood or
marriage, and which may include u~at are e\lfaeflt-!:J.y low garden walls less
than 36-inches in overall height around their perimeters to enclose them tl1ese
burial estates, or more elaborate headstones teml3stenes that are built above-
ground that are no taller than 6-feet high::,;~eept for Area-4-wtler-e-abGve grmmEi
structures are not alloweEi pursuant to coneitien no. 7 eeleW:-Pfeparing these
gFound l3uFial sites includes gFading an area e~.ea~~
~diAg, if these are si~e-ef-€ki1t:ible-4epth-1awFH>,fWtsf,ml~
a-layeH>f-saflG-foPe~l;3urposes, oenstruoting-eoncrete eAGaSeFReAts
where coffins are ultimately plaeed,-tl:leA-a-iayer-e-f-#l~teEHUrt
is filled to match pre excavated grade. E~oess earth-fflaterial-resulting from the
i:>ttfial-sttes-wU+-ae-tFaASf*Red-te-Area&-&-an~~n Revisiefh--lt
is a,,proldmated that 137,QQQ euBic-yares ef-f~l4-wtll be neoessafY-fer-these-afeas
to raise the graae te aeoommeclate mabf<~uf!Gffigs and gFound burials; afld
ap1*9priate draiAage to the-raadways~&-q.t:iar+ttty-~esi)f&Ufla spoils from
t.t:lf&U§heut-.the oemetery site, excess cut material from mausoleum projeets in
other ar~pert-4--00€1+tienal fill material. These garden walls and
headstones are allowed to contain above-ground interments. Above~
ground structures including, but not limited to, garden walls and above-
ground headstones, shall not be allowed on the rooftops of any mausoleum
building.
Staff Comments: As placing a cap on the number of burial sites is no longer necessary
as previously explained, this condition has been modified to allow garden walls and
headstones to contain above-ground interments. Additionally, this condition has been
further clarified to prohibit above-ground structures on rooftops of mausoleums.
Furthermore, this condition has been bifurcated to separate out the excess earth material
discussion to condition no. 1.h below.
h. Burial Sites; Excess Material for Areas 5-6. Preparing those ground burial
sites includes grading an area by excavating up to 8-feet below existing
grade (depending, if these are single or double depth lawn crypts), filling
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a layer of sand for erosion control purposes, constructing concrete
eR:easemeftts-wAafe-oo~ltiHlately-f.»aoed, theA outer burial containers
containing burial vaults1 and then 12lacing a layer of the previously
excavated dirt is filled to match pre-excavated grade. Excess earth material
resulting from the burial sites will be transported to Areas 5 and 6 of the Master
Plan Revision. It is approximated that 137,000 cubic yards of fill will be
necessary for these areas to raise the grade to accommodate mausoleum
buildings and ground burials, and appropriate drainage to the roadways. This
quantity includes ground spoils from throughout the cemetery site, excess cut
material from mausoleum projects in other areas, and import of additional fill
material.
i. Building Silhouettes. Prior to s~ittal 9f plans into the Buitffirtg-&-Safety
Qfvien, al~FJ&-Shatl-first-~e-a~e-~y-#le-P-~~-Gemmission at a dtfly
~elie-flear~Ag.:-Netice of the said revie'N hearin§-&AaU-a&fllii,H&l:led and
~ded to owners-<:>fi;~erty-wtt~QO' radius, tOf)ersons reqt1estin~iee,
te-alt-a#eeted-homeewnettr-aSSGGiatio~e-4h~
aeeeF£1aAee-wAA-~-Pa4as-Verdes Develepment Gode SeotieR-4~
construction of each building contained in the approved Master Plan and
Master Plan Revision. including any substantial modification or
reconstruction of such buildings the applicant shall submit a grading plan
(See AQ1}. and ~urther, a temporary frame silhouette must be constructed
for each mausoleum building at least 30-days prior the Director's PlaAning
Gemmissiafi2,s consideration of the building and submission to the
Planning Commission per Condition 2. 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. The
certification must be submitted to Staff at least 30-days prior to the Director's
Plaftn~R:s decision.
j. Small Buildings. Except for mausoleum or similar buildings addressed in
Condition 1.k or otherwise exempt per code, all other buildings less than
120 square feet in size, not exceeding 12 feet in height, located outside
required setbacks, not on an extreme slope (35°/o or more), and not on the
roof of a mausoleum building shall be subject to review and approval by the
Director of Community Development through a Site Plan Review.
k. Administrative Substantial Compliance Review. The Director of
Community Develoement is authorized to make a determination (i) that
improvements are in substantial compliance with the Master Plan
("substantial compliance review"), (ii) that minor modifications to the
approved plans or any of the conditions are required and will achieve
substantially the same results as would strict compliance with said plans
~nd conditions, (iii} that the matter should be referred to the Planning
Commission pursuant to Condition 2, or
{iv) no review is required as it fully conforms to the Master Plan. Prior to
new construction, modification or maior reconstruction of
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improvements, they shall be submitted to the Director for review. If the
Director determines to conduct administrative compliance review to
determine if the requested improvements substantially comply with the
Master Plan as revised, such administrative process shall comply with
the City's Site Plan Review, as applicable, unless otherwise provided
herein. The administrative compliance review shall include review of any
customarv cemeterv-related features including but not limited to niches,
water features, garden walls, columbaria, bench memorials, walls,
gardens, upright memorial features, statues, stone features (including
stone landscaping features), cenotaph walls, cremation and other
burials, topiaries, sculptures and other artistic works, gazebos,
ossuaries, bridges, cremation benches, outer burial containers and
above ground vaults, provided that the height of such features shall
not exceed sixteen (16) feet, except that within any designated setback
area, such features shall not exceed six (6) feet. The addition of trees
throughout the Park shall also be deemed to be in substantial compliance
with the Master Plan. The administrative compliance review shall also
include rooftop burials at mausoleums.
The review shall be conducted by the City's Director of Community
Development and applicant shall provide any information required by the
Director on forms specified by the Director. Director of Community
DeveloQment shall give a 15 day written notice to owners of Qroperty 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. Copies of any comments received will be given
to the applicant who shall have 7 days to respond in writing. Director of
Community Development shall make a written determination of
substantial compliance or noncompliance, which may include imposing
conditions to assure compliance, and shall give written notice of the
decision to the aforesaid parties and the applicant, who shall have 15
days to appeal the decision in writing to the Planning Commission. If
a timely appeal is received, the Planning Commission shall consider
the matter under Condition 2 hereof. With respect to any conditions
herein which provide for Administrative Comgliance Review or refer to
Site Plan Review, such conditions shall require compliance with the
procedure of this Section 1 k.
Staff Comments: Conditions 1.k was added with the idea that when a proposed plan is
submitted to the Planning Department, the Director shall have the authority to review the
plans and determine if a proposed change is in substantial compliance with the Master
Plan or not. If it is determined that a proposed plan is in substantial compliance with the
Master Plan, the Director may approve the plan after proper notice is given to the public.
This decision may be appealable to the Planning Commission. For those projects that
the Director deems not to be in substantial compliance, they will require Planning
Commission review at a duly noticed public hearing.
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I. Relocating Historic Church. Revision "D" to conditional use permit of the Green
Hills Master Plan allows the placement of an historic church building that is currently
located in the San Pedro community of the City of Los Angeles, onto the cemetery
property. The church building will be located in Area 5 of the Master Plan, southwest
of the existing duck pond. The church building measures less than 1, 100 square
feet in area, and has a steeple at the front of the building that is 7-feet wide, 7-feet
deep, and 38-feet tall.
(i) All appropriate permits shall be obtained from the Building and Safety Division prior
to relocating the historic church building to the cemetery.
(ii) Prior to the relocation of the historic church building, the Green Hills Cemetery
personnel shall inform City Staff of the date and time in which the historic church
building will be transported, along with a plan illustrating the route.
(iii) The church building may be used for funeral services only, and is not allowed to
be used for congregational church services. Further, the existing bell may remain
as a decorative feature only, and the bell or bell recordings are not allowed to be
used in conjunction with the church building.
(iv) Major additions to the church building or relocation of the church building to
another location on the property are not allowed without prior Planning
Commission approval.
(v) All approvals necessary to relocate the church from the San Pedro community of
the City of Los Angeles to the Green Hills Cemetery shall be obtained and
submitted to the City of Rancho Palos Verdes' Public Works Department and
Planning, Building and Code Enforcement Department prior to relocation of the
church.
1.1 Administration Building. This approval is Revision "E" to the Green Hills Master
Plan, 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 the following
improvements to and around he existing Administration Building:
a. Generally. Construction of 3,323ft2 of single-story office additions, 648ft2 covered
walkway extension, and 316ft2 covered entry to the Administration Building;
b. Temporary Modular Buildings. Allowing the temporary modular buildings to
remain on site, but be removed prior to April 22, 2017 or Building Permit Final,
whichever comes first. Any extension requests shall be reviewed by the Planning
Commission prior to April 22, 2017. Failure to remove said structures will
constitute as a violation and deem the Conditional Use Permit Revision null and
void; and
c. Parking Area. Reconfiguration of the parking area to add 22 new parking spaces
(81 required, 95 proposed for the Administration Building).
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d. Grading. Conduct 325yd 3 of grading for the following emergency access and ADA
access/parking improvements:
(i) Widen the driveway (portion of Arroyo Drive) located south of the
Administration Building from approximately 20' to 26' supported by a 2.5'
tall retaining wall to accommodate emergency vehicles.
(ii) 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' tall retaining wall
and the construction of a new replacement retaining wall measuring up to
4.45' in height.
1.2 Additional Conditions Pertaining to Administrative Building. Revision "E" shall
be subject to the following specific conditions:
(a) Setbacks
(b)
(i) The following setback provisions shall apply: 25' front and
street-side;
(ii) 40' interior and side if abutting a residential zoning district and
25' if abutting a nonresidential zoning district.
Parking
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Parking areas shall provide for a 25' outside turning radius within
the facility.
All parking areas shall be surfaced with asphaltic or cement
concrete paving which is at least 3" thick.
All parking stalls shall be clearly marked with lines, and access
lanes shall be clearly defined with directional arrows to guide
traffic. Except for parallel parking stalls, standard parking stalls
shall be of a minimum 9' width by 20' depth in area. Parallel parking
stalls shall be a minimum of 26' in depth.
Disabled parking spaces shall be in accordance with the
dimensions and specifications of the state amended Uniform
Building Code.
A minimum of 5% of the paved parking area shall be devoted
to interior planting areas. All planting areas shall be at least 3'
wide. Perimeter planting shall not be considered part of this
required interior planting.
Wherever a center divider separates parking stalls facing each
other, tree wells shall be established not more than 50' apart
for larger trees, or not more than 30' for small and medium sized
trees.
c. Landscaping
(i) All plantings shall be maintained free of debris and in conformity
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with the accepted practices for landscape maintenance.
(ii) A 6" high cement concrete curb shall be constructed at the edge
of all landscaped areas.
d. General
(i) If the applicant has not submitted an application for a building
permit for the approved project or not commenced the approved
project as described in Section 17.86.070 of the City's Municipal
Code within one year of the final effective date of this Resolution,
approval of the project shall expire and be of no further effect
unless, prior to expiration, a written request for extension is
filed with the Community Development Department and approved
by the Director of Community Development.
(ii) Prior to plan check submittal to the Building & Safety Division,
the applicant shall provide an updated Master Plan reflecting the
modifications to the Administration Building and related parking
area to the Planning Division.
1.3 Area 11. The following conditions are applicable to the Pacific
Terrace/Memorial Terrace Mausoleum building and Area 11 of the Green Hills
Master Plan and shall supersede any inconsistent conditions that govern other
areas of the Green Hills property:
a. Tractor Rame, 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. are allowed to be
parked, stored or allowed to be left on the tractor ramp.
b. Screen Rear Wall. The Northern (rear) wall of the mausoleum building
shall be screened by a type of wall vine landscaping. Said landscaping
shall be planted and allowed to grow on the wall only, to the
satisfaction of the Director of Community Development and shall not
grow above the wall.
c. Landscaping. With the exception of ground cover, anti tAe viRes eA-tAe
AeFtRem-walk>f-tAe 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 b-tmGiRg-W~
wlth the coRGl:lFFence of the abuttrng Vista Veff:Je Goru:JemiRil.+m
Assooiatiafl,~tit>fl SAall ee-r;rlaRted iR Area-1 ~ of the Master Plan
Revision approved April 24, 2007,only ground cover, shrubs and
other vegetation less than 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
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d. 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.
e. Additions to Mausoleum. No additions or expansion shall be allowed
to the existing Pacific Terrace/Memorial Terrace Mausoleum in Area
11. No new mausoleum or addition to me-e*l-&·ti·ArRW-U.&e-letlffi
building shall be constructed within Area 11 without first obtaining
Planning Commission approval at a duly noticed public hearing
following the process set forth in Condition 2. JJr.ter te subr:flittal ef
§fatiing plans an~ik#A§i:>laR&te-tRe-SHH€Hng & Safety Divisi~
el1eck" far-aAy-imf)f-f>vements in Area 11 (Le., tfle-no~ea of tt:ie
oom~R-.:the-we&tem-J*epefl.y-lme-aM-tRe maintenance
yarti,tnetl:H?.ltng-tAe-ex-tstffig Paoifis--=f..err:acetMemoFial +erraee Mauselet.1m
9ttileHRfJ);-·the-apf*ieaflf.-shall soomit the proposetl-fmprovemoot plans to
tR~F-ef--GommttAity Develo~ment for review-Sy the Plannin§
Gommis~*>ed puelie AeaFing. -Not~-.sa4~t;tt»ie
J::leafiflfJ-stlall-ae-p~ed-an~rov+deEl-te-ewAef&--Ofi*epefty-witt:lffi-a
WG-feat-faGtl:IB,te-peFSons requesti~etiee;-te-alt-a#eet~neFS
assoet~fH.3ttteHRfJ-the Vista VeFde GondemiRit.lm-Associatio~sateEl
ff:l-,..tRe-Gity-of-bemlta-),.aRd-te-tf1e--rH-0f:>efty-owfteF in aeoor.a&Ree-wAA
Ra~!Gs-Vefdes Develapment-Gede-Seetion ~ 7 .80.090.
Staff Comments: This condition was modified consistent with condition no. 2 above to
ensure that any new expansions or additions to the Pacific Terrace/Memorial Terrace
Mausoleum will be subject Planning Commission's consideration at a duly noticed public
hearing.
1.3.5 Area 11 Rooftop Burials. The following conditions are applicable to all
burials If the moratorium is amenee€1-ef-r€f;}ealed te allew l::>urials to res1:1me...Q!!
the roof of the Pacific Terrace/Memorial Terrace Mausoleum building t-Re
:fei!Gwing--aGffit~ooat-ooRGltlens-e.Aalt-awly~
a. Pre and Post Service. Pre-service burial/plot preparation and post-
service plot backfilling of the rooftop ground interments on the Pacific
Terrace/Memorial Terrace Mausoleum building shall only be allowed
between the hours of 1 O:OOam and 3:00pm, Monday through Sunday. (See
Condition 17)
b. Hours. Burials and all associated services on the roof top ground
interments of the Pacific Terrace/Memorial Terrace Mausoleum building
shall only be allowed between the hours of 10:00am and 3:00pm, Monday
through Sunday.
c. Haul Vehicle. bimit-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 fa!:-pre-service burial/plot preparation
and post-service plot backfilling of the rooftop ground interments te-
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b€'tw~ri-4J:te-oo-1.t-r.s-o~Qf3.m,-M&A-Gay-t~n
StffiElay-during the hours specified in Condition 1.3.f above.
d. Sound. The use of amplified sound shall be 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.
e. 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 complex. Said 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.
f. Sales. Sales personnel shall be allowed to show potential roof-top ground
interments plots on the Pacific Terrace/Memorial Terrace Mausoleum
building in Area 11, only between the hours of 1 O:OOam and 3:00pm
Monday through Sunday.
g. Notice to Property Owners. Every 'Neek, Small flags shall be placed
on any burial site located on the rooftop of the Pacific Terrace/Memorial
Terrace Mausoleum within 24 hours after a burial service has been
that is scheduled to be utilize€l fer an interffleffi for that site, to provide
neighboring prope[!'i owners with advanced notice of scheduled
interments and burial services1 unless burial will be in less than 24
hours from death in which case flags will be placed as soon as
gossible before the service within 7 days,tt:ie~~ighboring
prof)efty-ewAer-s-wffil:i-atlvaBoed notioe of soheduled-+Atefffleffi~r4at
services. Green Hills shall also post on its publicly accessible website
(www.greenhillsmemorial.com) additional details concerning the
anticipated time and date of scheduled burial services.
Staff Comments: This conditions was modified requiring a 24-hour notice for rooftop
burials to notify the neighboring property owners. However, language was inserted to
allow some deviations on those rare occasions due to religious beliefs or emergency
situations where a burial service will need to occur within 24-hours after being scheduled.
h. Supervision. At least one employee of Green Hills shall attend and
monitor every service occurring on the rooftop of the Pacific
Terrace/Memorial Terrace Mausoleum for the entirety of all burial
services to ensure that the services are orderly and comply with these
conditions of approval.
i. Excluded Areas. In no event No inteFmeffis-shall below.grade
A-11
interments be allowed on the roof of the PacificTerraoe/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.
2. R~view of Compliao~Q witb M5!1ter elao. Construction and build-out of the Green
Hills Memorial Park Cemetery shall be in substantial compliance with the Master
Plan Revision approved by the Planning Commission on April 24, 2007 and July 22,
2014, and the City Council on November 17, 2015, as indicated in these
conditions of approval Geflffitioo~ through 1.F. abeve. Qeviation from tA-is
Master PlaR RevisioR, as deseribed in GGAEHtieA-No. 1 threugh 1.F above,
Substantial Compliance Reviews shall, unless otherwise stated be performed
~-aAs-awroval by the Director of Community Development P-la~
Ge-Fflfflfs.sifm through Site Plan Review subject to appeal to the Planning
Commission (or thereafter to the City Council) a subsequent-Mastef-~
R-evisien at a netieed public hearing. This is further described in Condition 1k,
above. Certain Substantial Compliance Reviews, as set forth herein, are
performed directly by the Planning Commission. Matters subject to direct
Commission review include: (i) the construction of any mausoleum or other
significant building, or the substantial reconstruction or reconstruction
thereof, as determined by the Director; (ii) any significant change in grading
from that shown in the Master Plan, (iii) to the extent anv areas in the Master
Plan are not shown as designated for specific uses, or for burials (the
"Undesignated Areas"), the specific use and development plan for such
Undesignated Areas showing all planned structures. In addition. besides
Qerforming specified compliance reviews1 anv modification to the Master Plan
or conditions of approval of this CUP must be submitted to and approved
by the Planning Commission. The Planning Commission shall consider all
such matters only through a noticed public hearing. Notice of said public
hearing shall be published and provided to owners of property within a 500' radius,
to persons requesting notice, to all affected homeowners associations, and to the
property owner in accordance with Rancho Palos Verdes Development Code
Section 17.80.090. At that time, the Planning Commission may determine there
is substantial compliance or add, delete, or modify the conditions of approval as
deemed necessary and appropriate. Any interested person may appeal, such
action to the City Council pursuant to Section 17.80 of the RPVMC. Applicant shall
make deposit and pay all City fees for compliance review or amendment.
Staff Comments: This condition was modified for consistency with conditions 1.k and 2
above.
3. Grading Area 4. Prior to grading operations to prepare Area 4 for ground burials,
the applicant shall submit a grading permit application, signed by an individual
designated by the Green Hills Memorial Park Board of Directors for review and
approval by the Director of Community Development PlaflfH.Ag, BuildiRg and Geae
EnforeemeRt to ensure consistency with the approved Master Plan Revision. If it is
found to be consistent with the approved Master Plan Revision, the grading permit
will be approved administratively, without further public notice, review or hearings.
A-12
However, if the Director of Community Development J21aAAffig;-BtHk?.H~e
Enforeement finds that the project is not consistent with the approved Master Plan
Revision, then it shall require review and approval by the Planning Commission in
accordance with the provisions of Condition 2. N~G-P4aA-Rifl§J
Gemmissie~~fi&Ae4-aAG-f1raviaeG-te-ewReF&-Gf-t>r~
~ a §00' radi1;1s, to 13eFsens re~HeStifl~ notiee, ta a1t-af.feetea-~
assoeiatiofls,an-G to the preperty oWAer-ift-aocoraanee-with-RaftGho Pales VeFdes
Qeve10f>ment Code Seot~MBQ-;
4. Applicant Acceptance of Conditions. The applicant and/or property owner shall
submit to the City a statement, in writing, that they have read, understand and agree
to all conditions of approval contained in this approval. Failure to provide said written
statement within ninety (90) days following the date of this approval shall render this
approval null and void.
5. Mitig1tion M2DiiQting. 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 of
Community Development Planning, Builain§J--afl~e Enforeeff'leflt.
A-2: No exterior, building-mounted lighting is allowed on the fa9ade 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.
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.
AQ-1: Prior to construction of each matt00leum building contained in the approved
Master Plan and Master Plan Revision, the applicant shall submit a grading permit
application, signed by an individual designated by the Green Hills Memorial Park
Board of Directors for review and approval by the Planning Commission QireeteF
ef-J2fanflifl§, 81JildiAg afl4-.G.00e EnforeemeR-t to ensure consistency with the
approved Master Plan aA€l Master Plan Revisien in accordance with Condition
~. 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. If it is feund-t-e-ae-ooR-Sistent with the approved Master Plan
arui-Master Plan Revisit>A;-tlie graaing <pennit-wU!-be-appraveG-admffifs.tfatwety,
wttf\ettt-ft!ftf:ler publfG-Ra~eafifl~W-the Director of
~\;jfk:.H~Eie-E:AfefGemeflt-:f~he-f>fejeet-i~stem
will:HRe-appFevea-Master Plan and Master Pla~en it shall rett1;1iFe
review an€1-appr.evat--by-the Planning Commission. Netioe of said Planning
GemmissieA reviei.•J hearing shall be publisheG .. aAEf.;sr-eviaeG-te-ewRer~·Gf-F>reperty
A-13
witni~~a€l:itfs-,t~.etft1esti~RetiGe,te-all affected~WJ1er:s
assooiat~e~e property-ewnef-ifl-aooof'tlaooe-witf\ RaAcho Palos Verdes
Qevele~ent Gede SeGtien 17.30.090.
Staff Comments: This condition was modified for consistency with condition 2 above,
requiring Planning Commission review of new buildings.
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.
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 owner shall ensure that all
clearing and earth moving be discontinued during periods of high winds (i.e.,
greater than 25 mph), so as to prevent excessive amounts of dust. This shall not
apply to excavations for individual burial plots prior to a service, or to filling of
individual burial plots after a service.
AQ-9: During the daily cemetery operations, the owner shall ensure that on-site
vehicle speeds associated with the transporting of earth materials are limited to
15 miles per hour on unpaved roads.
AQ-10: The owner shall ensure that grave spoils are placed in Area 5 and/or
Area 6 of the Master Plan, which will be placed to fill the areas. A minimum 8-
foot high chain link fence with a mesh material to reasonably screen the fill area
from neighbors shall enclose and confine said area.
A-14
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.
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: At the time anv substantial compliance review is performed in
accordance with Conditions 1 k or 2, or if any applicant proposes any
changes for the Master Plan, the Director of Community Development can
perform a compliance review for the whole project in accordance +he-pr-ejeet
shall be rev+ewed-by~~Mffig-Gemm-issiGrH:tAooally, cammenci~~·te
af-f~Aal-a~e--rev~ew-the-awlicaAt's compHaAe&-with all conditions of
approval associated with the Master Plan and Master Plan Revision. At that time,
the Pklfffiiflg Commissioo City approving body may add, delete, or modify the
conditions of approval as deemed necessary and appropriate, as well-as-if\Grease
tfie-time-betweeR-feview-J*;ffiea&.-N<?tiee-af-sak:l-r.eview,-heafiflg shall b~4sfiaa
and pr~&-OWA€:F&-ef-f>f0f*ffiY-wfthin a 50G!-faaitt&,-te persons requestifl§
fleUee,te all affeote4-hemeewn:er~ons, and to ~~F-ffi
aeeaFaa11ce V.'~ef:le--Pales VBi:Ges-Qevelopment Code S~Q;.
Review procedure will be as set forth in Conditions 1 k or 2, as
a12propriate. and are subject to appeal as provided therein. Anv
administrative review may be sent directly to the Planning Commission
by the Director of Community Development.
Staff Comments: This condition was modified for consistency with condition nos. 1.k and
2 above.
GS-1: The applicant shall submit a geotechnical report for review and approval by
the City Geologist prior to the issuance of a building permit for each mausoleum
building or grading permit for any earth movement beyond that associated with
ground interment sites, unless the City Geologist deems that a geotechnical report
is not warranted. Further, prior to any additional placement of fill in Area 5, a
detailed grading plan with relevant geotechnical reports supporting
recommendations for grading in Areas 5 and 6 shall be submitted by the applicant
to the City for review and approval by the Building and Safety Division and the City
Geologist prior to issuance of a building permit for any mausoleum.
A-15
GS-2: The applicant shall ensure that all applicable conditions as specified within
the geotechnical report and all measures required by the City Geologist are
incorporated into the project.
HW-1: The applicant shall prepare a Standard Urban Stormwater Mitigation Plan
(SUSMP) along with a Maintenance Agreement and Transfer. The SUSMP and
related information shall be reviewed and approved by the Director of Planning,
Building and Code Enforcement, or his/her designee prior to the issuance of
grading and building permits for any mausoleum building.
N-1: Construction activity of the mausoleum buildings and grading operations shall
be limited to the hours of 7:00 am and 4:00 pm, Monday through Friday. There
shall be no construction on Saturdays, Sundays or federally observed holidays
unless a Special Construction Permit is obtained prior to work on a Federally
observed holiday.
N-2: During demolition, construction and/or grading operations, trucks shall not
park, queue and/or idle at the project site or in the adjoining street rights-of-way
before 7:00 am Monday through Friday and before 9:00 am on Saturday, in
accordance with the permitted hours of construction stated in this condition. When
feasible to do so, the construction contractor shall provide staging areas on-site to
minimize off-site transportation of heavy construction equipment. These areas
shall be located to maximize the distance between staging activities and
neighboring properties, subject to approval by the building official.
N-3: As indicated in mitigation measure AQ-13 above, the project shall be
reviewed by the Planning Commission annually, commencing on the date of final
approval, to review the applicant's compliance with all conditions of approval
associated with the Master Plan and Master Plan Revision. At that time, the
Planning Commission may add, delete, or modify the conditions of approval as
deemed necessary and appropriate. Notice of said review hearing shall be
published and provided to owners of property within a 500' radius, to persons
requesting notice, to all affected homeowners associations, and to the property
owner in accordance with Rancho Palos Verdes Development Code Section
17.80.090.
6. Setbacks Below Ground. Setbacks for below ground interments sites, "Garden"
burial sites with no above-ground structures (other than benches for seating}
and roads shall be as follows:
North and South: 8'~ (except the northwest corner between the western
property line and maintenance yard, which shall be 16'-0;
with exception of the thirteen (13} interments already
Qlaced within the northwest corner and the six (6t
companion plots which have already been sold
East and West: O'~
Staff Comments: As a variance will no longer be required for the 13 interments already
placed within the northwest corner, this condition was modified to allow these to remain
within the required setbacks.
A-16
7. Setbacks Above Ground. Setbacks for above ground structures, including but not
limited to mausoleums (except the Pacifica Mausoleum and the Pacific
Terrace/Memorial Terrace Mausoleum shown in Area 11 of the Master Plan
~evisiefl, which are addressed in Condition 8 and 8.a) and crypts shall be as
follows:
North:
South:
East:
West:
80'~ 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'~ (exceRt for the Mausoleum constructed and
finaled as of 2013 the setback shall be 8') from the north property
line that abuts the Vista Verde Condominium complex in the City of
Lomita.
40'~
25'~
5·~
Staff Comments: This condition was modified to further clarify that the constructed portion
of the Pacific Terrace/Memorial Terrace may maintain an 8' setback.
8. Setbacks for the Pacifica Mausoleum (Area 1 ). Setbacks for the Pacific
Mausoleum are as follows:
West:
North:
East:
South:
15'~ (existing) I 5'-0" for the northwestern addition
40'~ (expansion northerly along the eastern edge of the existing
building shall be offset 8'-0" to the west from the existing eastern
edge of the building)
25'
If abutting a residential zoning district, 40'. If abutting a
nonresidential zoning district, 25'.
Staff Comments: This condition was modified to include the east and south setback
requirements.
8.a. Setbacks for Area 11. Setbacks for the existing Pacific Terrace/Memorial Terrace
Mausoleum building in Area 11 shall be as follows:
North: 8' for the portion constructed and finaled as of 2013. 40'
for future expansions.
West/South: If abutting a residential zoning district 40 1
• If abutting a
nonresidential zoning district, 25'.
East: 25'
Staff Comments: This condition was modified to further clarify that the 8' setback only
applies to the constructed portion of the Pacific Terrace/Memorial Terrace Mausoleum.
Additionally, the west, south, and east setbacks were added.
9. Mysic. Any live and/or amplified music shall occur only during funeral services,
community events, or visits. Funeral services music and community event music
A-17
shall be limited to the duration of the service or event. In no case shall the live and/or
amplified music exceed 65 dba at the common property lines abutting a Residential
Zoning District. The noise level shall be enforced by the neighbors through civil
means.
10. Signage. The applicant shall install and maintain signage at various locations
throughout the Cemetery to inform visitors of rules that prohibit on-site consumption
of alcoholic beverages, prohibit excessive noise and amplified music, and disruptive
behavior. The applicant shall submit a signage plan for review and approval by Staff
prior to installation of any signage. The signage plan shall illustrate the locations,
height, design and content of the signs.
11. Standby Personnel for Complaint§. The applicant shall supply the abutting
neighbors with the name and contact information for the Green Hills Cemetery
personnel that can be contacted about excessive noise or other activities that result
in impacts to the immediate neighborhood.
12. Employee Trajning. The applicant 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.
13. CQQ§trnction 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.
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. Irash 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 proper manner.
15. Storage of Equipment and Sypp!ie1. 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. Temporary Trailers. Temporary trailers are only allowed during construction of the
A-18
mausoleum buildings. The location of any such trailers shall be illustrated on plans
for the Grading Permit as described and required in condition AQ-1 above, and shall
be approved by the Director of Planning, Building and Code Enforcement. Further,
the trailer shall be removed prior to building/grading permit final.
17. Hours of Operations
a. General. This section shall govern hours of operations except for any
provision concerning specific areas of the cemetery and Section 1.3.5a
concerning rooftop burials.
b. Hours of Facilities. Hours of public operation for the flower shop are limited to
7:00 a.m. to 9:00 p.m., Monday through Sunday. The Administration Building
public hours are limited to 8:00 a.m. to 9:00 p.m. Monday through Sunday. The
Chapel may be open to the public from 7:00 a.m. to 9:00 p.m. Monday through
Sunday. The cemetery grounds for visits shall be open from 7:00 a.m. to dusk.
c. Construction Working Hours. Construction and grading activities, including but
not limited to equipment warm up, geologic investigations, interment excavation
for placement of vaults and installation or removal of large landscape materials
shall be limited to daytime working hours (7:00 a.m. to 4:00 p.m.) on weekdays
only.
d. Non Construction and Burial Related Activity. Excavation for removal and
replacement of vault tops for funeral service preparation, individual placement of
vaults for funeral services and operation of landscape maintenance equipment
shall be allowed in any area of the park between the hours of 7:00 a.m. and 6:00
p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturday,
Sunday, and Federally observed Holidays.
e. Construction In Proximity to Residential. Notwithstanding the foregoing,
NG-GGfl&tf~r graeliAg, ineluding grading eperatie~--sttes-fer
gf9Hflti-l.7tu:ia~Btlf-befere 9:00 a.m. orafte~~';"Ffh within 120 feet of
any property line abutting a Residential Zoning District. no construction or
grading, including grading operations to prepare sites for ground burials,
shall occur before 9:00am or after 3:30pm. All equipment shall be equipped
with a muffler to reduce on-site grading and construction noise levels.
18. Landscaping M@iat@oansce. All existing and future landscaping shall be properly
maintained in a healthy and trimmed manner at all times.
19. .YifM Impairment. All existing and proposed landscaping between the north
property line and the northern perimeter road shall not significantly impair any near
or far view as defined by the Development Code. A landscape plan limited to plants,
trees and foliage that are 48-inches or taller for this Area shall be submitted to the
Director of Community Development PlanAing, Building-aAG-Geee Enferoement for
review and approval prior to grading operations to prepare Area 4 for ground burials.
A-19
20. Iree Preservation. The existing eucalyptus trees on the west side of the
Administration Building Parking lot shall not be removed unless required by the
holder of the easement in which the trees are located or acceptable evidence is
provided to the Director of Community Development Plan~ufiai-ng and Code
Enforcement from a certified arborist supporting removal.
21. Hedges. When Inspiration Slope is developed, the existing hedge that separates
Crescent Lawn and Vista Del Pointe from this area shall be removed. The existing
hedge located on the applicant's property on the south property line adjacent to the
rear yards on residential lots located on Avenida Feliciano shall be pruned and
maintained so it does not exceed the height of the chain link fence, which is 8'-0"
high. The existing and future screen planting in the 8'-0" setback along the northern
property line shall be maintained no higher than the fence height unless specifically
requested in writing by the appropriate adjacent property owner.
22. t:IQ Vegetation Area 2. With the exception of ground cover, no vegetation shall be
planted in Area 2 (Inspiration Slope) of the Master Plan Revision approved April 24,
2007. Drought tolerant, low maintenance and erosion controlling landscaping is
required in the western setback adjacent to the Pacifica Mausoleum expansion.
23. lnspjratjon S!opQ. The fafflffy mausoleum on Inspiration Slope shall be located as
shown on the Master Plan Revision so as not to impair views from the Peninsula
Verde neighborhood. The Director of Community Development Planning, Buildffig
and Code -effief'6emeflt-shall approve the exact location and height of this
mausoleum building. The Director of Community Development may review and
approve a retaining wall that contains niches for cremated remains extending
from the mausoleum building not exceeding an average of 8'-0" in height
connecting to the existing wall and a maximum 42" high guardrail and pilasters
on top. The top of the retaining wall shall not exceed the height of the adjacent
road level (other than a small curb sufficient in height to control the water
and direct water down the roadway).
24. Landscaping aod Irrigation Piao§. Landscaping and irrigation in all setbacks
require review and approval by the Director of Community Development Planning,
gyj.lfi+Ag~-AfGFeemoot prior to installation. Irrigation systems shall be
designed to provide adequate coverage with no over-spray, runoff, or excessive
quantities of water output. Use of drip irrigation systems is required wherever
possible. A low water use turf shall be used in all new lawn areas. Such landscape
and irrigation plan for the setback areas shall be submitted to the Community
Development ~A§ and GoEle Enforcemeffi for review and approval
within 180 days of final approval of the Master Plan Revision.
25. Slppe Gre~h~s Maximum. Finish slopes and grades shall not exceed 3:1. On 4:1
or steeper slopes, erosion controlling plant material and other erosion control
methods, such as jute netting, shall be required and installed.
26. Sewer and Watec ES!Siilith~.i· The site shall be served by adequately sized water
system facilities as determined by the Los Angeles County Fire Department. All Los
A-20
Angeles County Fire Department requirements shall be satisfied prior to building
permit issuance for the mausoleum building. 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
27. Fencing. The existing chain link fence and wrought iron fence, which surrounds the
perimeter of the cemetery site, shall be maintained. On those areas of the fence
specifically owned by the cemetery, and where not directed otherwise by the
adjacent water authority, no barbed wire on the top of these fences is allowed, and
any existing barbed wire shall be removed within 90-days of final approval of this
Master Plan Revision.
28. Road Payed. The road in Area 5 and Area 6 (of the Master Plan Revision approved
April 24, 2007) that parallels the south property line shall be paved and maintained
by the applicant.
29. Storage of Excavations. Temporary storage (up to 72-hours) of interment
excavations is allowed provided that such excavation is stored within an appropriate
container.
30. fi!uildjog Heights. The overall building heights for the mausoleums are limited to
the heights approved by the Planning Commission aepieted in the Master Plan
Revisten booklet---aes~n conditien no, 1 aeeve. The heights of each
mausoleum building shall be certified by a registered Civil Engineer and submitted
to the Pfa.MffitJ, Building-a-Rd Code EnfereemeAt Community Development
Department prior to building permit final. With the exception of the mausoleum
building on Inspiration Slope and Lake View Terrace (Area 6). all mausoleum
buildings shall not exceed 20-feet in height as measured from the average highest
elevation of the finished grade adjacent to the building at the f~~
to the highest point of the structure, and shall not exceed an overall height of 30-
feet w.fleR as measured from the lowest finished grade adjacent to the building to
the highest point of the structure. Once a building height has been determined
by the Planning Commission. a ridge height certification will be required prior
to Building Permit Final.
Staff Comments: This condition was modified to allow building heights of new
mausoleums only as approved by the Planning Commission. The building height
measurements were also clarified so that it is enforceable by the City. Additionally, a
ridge height certification requirement has been added to ensure that the constructed
mausoleum complies with the Planning Commission approved height limits.
31. Compliance With Authorjties. 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 applicant shall provide the City with copies of permits from
the South Coast Air Quality Management District and Los Angeles County Fire
Prevention Bureau for storage of fuel. The applicant shall also provide copies of
permits from the Los Angeles County Fire Department, Hazardous Maintenance
Division Section and Fire Prevention Bureau, for the chemicals stored in the
A-21
embalming rooms in the Administration Building. Permits from the South Coast Air
Quality Management District for the crematory must also be provided.
32. State Permits. On an annual basis, the applicant shall provide the City with a copy
of permits and/or licenses from the State Cemetery and Funeral Board.
33. Encroachment Permit?. Prior to conducting any work in the public right of way,
such as for curb cuts, dumpsters, temporary improvements and/or permanent
improvements, the applicant shall obtain an encroachment permit from the Director
of Public Works.
34. Easements. The owner shall submit a title report within 90-days of final approval of
this Master Plan Revision. All easements shown on the title report shall be clearly
delineated on an accompanying site plan. Any grading, construction, placement of
structures, including but not limited to walls, fences, and interments on any
easement, requires prior written permission from the easement holder.
35. No Wajyer 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.
36. Qpnflict 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.
37. Revocation. Should the applicant fail to comply with any of these conditions of
approval or mitigation measures, the City may initiate revocation procedures for this
permit, which shall include a public hearing. Notice of said public hearing shall be
published and provided to owners of property within a 500' radius, to persons
requesting notice, to all affected homeowners associations, and to the property
owner in accordance with Rancho Palos Verdes Development Code Section
17.80.090. 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.
38. Submission Property Line Survey Maps. Within 30 days from the date of
the approval of this Resolution, the applicant shall submit a certified
property line survey to the Director of Community Development verifying
that the existing above ground interments and structures exceeding 6-feet
in height are located outside of the required five foot setback along the west
property line in the area south of the Pacifica Mausoleum building. (Area
11
39. Fees and Costs. Except as otherwise specified, applicant is responsible for
the costs of complying with the provisions of the Master Plan, Revised
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Master Plan. and of this CUP.
40. 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 reguested by the Vista Verde homeowners, Green Hills will
undertake an a1:mraisal 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 J?rocess 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 reguested
by the Vista Verde homeowners. City representatives will also participate
in this mediation on behalf of City. If the Vista Verde homeowners refuse
to participate in the mediation, or the mediation does not result in a
s~ttlement of the disputes, then Green Hills is responsible for defense of
its entitlements pursuant to the indemnification provisions in Condition
41.
41. Defense of Claims Against Project.
a. Non-Liability of Citv. 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 Green Hills to develop the Property
as contemplated by the Master Plan or the CUP as the result of a
judicial determination that on the Effective Date, or at any time
thereafter, the General Plan, Master Plan, the Land Use Regulations,
the CUP, or portions thereof, are invalid or inadeguate 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 Project 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 Agreement, 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 compll( with such iudicial decision.
c. Scope of Indemnification. Green Hills shall agree to defend,
indemnify and hold harmless, the City1 its agents, officers and
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employees from any claim, action or proceeding against the City
and the agplication will either undertake defense of the matter and
pay the City's associated legal costs, or will advance funds to Qav
for defense of the matter by the City Attorney. If the City fails to
promptly notify Green Hills of any such claim, action or proceedjng
or fails to cooperate fully in the defense, Green Hills 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 Green Hill'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 1 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. Green Hills
herebv agrees to, and shall defend, save and hold City and its elected
and appointed boards 1 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 emgloyees' operations under
the CUP, whether such operations be by Green Hills or by any of
Green Hills' agents, contractors or subcontractors or by any one or
more persons directly or indirectly employed by or acting as agent
for Green Hills or. any of Green Hills' agents, contractors or
subcontractors. Nothing herein is intended to make Green Hills liable
for intentional wrongful and/or reckless acts of City's officers,
employees, agents, contractors or subcontractors.
f. Survival of Indemnity ObJigations. All indemnity erovisions set forth
in this Agreement shall survive termination of this Agreement or
CUP for any reason other than City's default.
Staff Comments: The reasons for addition of these conditions are described in detail in
the Staff Report.
~laR~ilGiRg and Cotie-Enforcemeffi-i.s-atftf:if>f~ze4-te approve
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f'Affief--mcx:.HfiGatiens-ID--·-.t~fe-ve4-plans-er-aflY-<::>f-4Ae eena.itiens ff such
meaffieat~Atiatl)'-tl:le saffle..fes1::.1-U~a&wffitki-stf~Hee-w«R
said plans and conditions. Otherwi-se,a4t-Gtl=ler-meGif~oatiens shall be soojest-te
~G-awi:eval ey the Planning Commissiefh-(AM~f;Q PER RESOW"HON
NO~G4444-GN-JULY 22, 2944)
Staff Comments: This condition was deleted as it is covered in conditions 1.k and 2
above.
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