CC RES 2018-055 RESOLUTION NO. 2018-55
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.
PLGR2018-0008) TO ALLOW 424YD3 OF BALANCED
GRADING TO ACCOMMODATE THE INSTALLATION OF
VAULTS ASSOCIATED WITH EARTH IMPROVEMENTS,
3' TALL WALLS, AND BENCHES IN THE UNIMPROVED
PORTIONS OF ALTA VISTA GARDENS (AREA 2) AT
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
following 30 to 50 years, and allows grading and mausoleum buildings to be constructed
at various specified locations throughout Green Hills cemetery;
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;
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;
WHEREAS, on February 6, 2018, the City Council adopted Resolution No. 2018-
07, approving revisions to the Conditions of Approval as part of the Annual Review for
the Green Hills Memorial Park Master Plan Conditional Use Permit;
WHEREAS, on March 9, 2018, pursuant to Council-adopted Condition No. 2.a(6)
of Resolution No, 2018-07, Green Hills Memorial Park submitted a Major Grading
Permit application requesting to conduct grading to accommodate the installation of
vaults associated with earth interments, 3' tall walls, and benches in an unimproved
portion of Alta Vista Gardens (Area 2) of Green Hills Memorial Park;
WHEREAS, on April 5, 2018, the application was deemed complete for
processing;
WHEREAS, on April 19, 2018, a written notice of the application was provided to
all property owners within a 500-foot radius of the subject site in accordance with
Rancho Palos Verdes Municipal Code (RPVMC) Section 17.80.090, sent to listsery
subscribers, and posted on the City's website;
WHEREAS, on May 11, 2018, the Director of Community Development
("Director") conditionally approved a Grading Permit allowing 424yd3 of balanced
grading to accommodate the installation of vaults associated with earth interments, 3'
tall walls, and benches in the in the unimproved portion of Alta Vista Gardens (Area 2)
for Green Hills Memorial Park (PLGR2OI8-0008);
WHEREAS, on May 11, 2018, 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, sent to listsery
subscribers, and posted on the City's website;
WHEREAS, on May 29, 2018, Sharon Loveys filed a timely appeal requesting
that the Planning Commission overturn the Director's decision (PLGR2OI8-0008) and
deny the Applicant's Grading Permit;
WHEREAS, on June 26, 2018, the Planning Commission adopted P.C.
Resolution No. 2018-21, denying the appeal and upholding the Director's approval of a
Grading Permit allowing 424yd3 of balanced grading to accommodate the installation of
vaults associated with earth interments, 3' tall walls, and benches in the unimproved
portions of Area 2 (Alta Vista Gardens) of the City Council-Approved Master Plan for
Green Hills Memorial Park; and,
WHEREAS, on July 10, 2018, the Appellant filed a timely appeal requesting that
the City Council overturn the Planning Commission's decision (PLGR2OI8-0008) and
deny the Applicant's Grading Permit; and,
WHEREAS, the appeal listed the following issues with the Director's decision: 1)
there can be no development of open space until there is a Master Plan in place that
allows such development of any such open space, just because Green Hills has a
conditional right to develop some areas of the cemetery does not mean Green Hills has
the unconditional right to develop all areas of the cemetery; 2) Green Hills violated its
promise and pulled out of the mediation obligation. Green Hills should not be granted
any further land use entitlements until it meets its mediation commitments; 3) the City's
need to first process a Conditional Use Permit application under Chapter 17.28 of the
City's Development (Cemetery Zoning) Code (and specifically §17.28.030(H)) and then
make the requisite Findings under §17.28.030(H) and §17.76.040(E) of the City's
Development Code prior to approving a Grading Permit. The lack of Findings under
§17.76.040(E) renders the Planning Commission's decision deficient; 4) no audit or
evaluation of density limits has been done and therefore, the current density and
intensity of use is unknown and no finding can be made that Green Hills is in
compliance with the density limitations of the Master Plan;
WHEREAS, on July 20, 2018, pursuant to Section 17.80.090 of the RPVMC, a
15-day public notice was provided to all property owners within 500' radius, published in
the Daily Breeze, sent to listsery subscribers, and posted on the City's website;
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WHEREAS, on July 26, 2018, a public notice was published in the Palos Verdes
Peninsula News;
WHEREAS, the City Council held a duly noticed public hearing on August 7,
2018, at which time all interested parties were given an opportunity to be heard and
present evidence; and
WHEREAS, the City Council determined that the proposed project is in
compliance with the Conditions of Approval for the Master Plan (Resolution No. 2018-
07), 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:
Section 1: The proposed project involves 424yd3 of balanced grading to
accommodate the installation of vaults associated with earth interments, 3' tall walls,
and benches in the unimproved portion of Alta Vista Gardens (Area 2) at Green Hills
Memorial Park.
Section 2: The City Council 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. 2018-07, the Director may approve grading for mass installation
of vaults, and Condition of Approval Nos. 1.b and 1.e allows grading to accommodate
earth interments throughout the cemetery site. Additionally, the City Council finds that
the City's Grading Permit process, which permits reasonable development of land and
as conditioned through Resolution No. 2018-07's Conditions of Approval, 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 and the proposed use of earth interments is permitted. The
Master Plan allows the project area 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. 6 of
Resolution No. 2018-07 permits approximately 53,000yd3 of grading in Area 2. To date,
a total of 16,918yd3 of grading has been conducted in Area 2 to accommodate earth
interment sites. The proposed 424yd3 of grading combined with the previous 16,918yd3
of grading (total grading to date: 17,342yd3), results in a total of 35,658yd3 of grading
remaining for Area 2. The proposed grading will be balanced on-site and 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 and the proposed use is
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permitted for Area 2. The proposed walls 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: "There can be no development of
open space until there is a Master Plan in place that allows such development of any
such open space, just because Green Hills has a conditional right to develop some
areas of the cemetery does not mean Green Hills has the unconditional right to develop
all areas of the cemetery."
The City Council finds that Municipal Code §17.28.030.A (Uses and development
permitted by Conditional Use Permit) permits a burial park for earth interments,
mausoleums, vault or crypt interments, and/or columbarium for cinerary interments in
the Cemetery zoning district pursuant to a Conditional Use Permit (CUP). The City
Council approved a CUP, as most recently reflected in Resolution No. 2018-07, to allow
the operation of a cemetery and associated improvements at the project site. This
Green Hills site is permitted to operate as a cemetery and there is an expectation to
provide interments plots for burial activity. Condition No. 1.a of Resolution No. 2018-07
expressly allows grading to accommodate earth interments throughout the cemetery
site. Therefore, Green Hills has the conditional right to develop all open areas with earth
interments.
Appeal Reason No. 2: "Green Hills violated its promise and pulled out of the
mediation obligation. Green Hills should not be granted any further land use
entitlements until it meets its mediation commitments."
The City Council finds that Condition No. 11(h)(10) of Resolution No. 2018-07
requires Green Hills to participate in a mediation process with the Vista Verde
homeowners regarding the Pacific Terrace/Memorial Mausoleum. At the June 26, 2018
Planning Commission public hearing, Green Hills stated that they have met their
mediation requirements. Irrespective of either parties' claims, this is a separate matter
not related to the merits of the subject application. Therefore, the Appellant's request to
deny entitlements until mediation commitments are met is not warranted.
Appeal Reason No. 3: "The City's need to first process a Conditional Use Permit
application under Chapter 17.28 of the City's Development (Cemetery Zoning) Code
(and specifically §17.28.030(H)) and then make the requisite Findings under
§17.28.030(H) and §17.76.040(E) of the City's Development Code prior to approving a
Grading Permit. The lack of Findings under §17.76.040(E) renders the Planning
Commission's decision deficient."
The City Council finds that pursuant to Municipal Code §17.28.030(A), the City
Council approved a Conditional Use Permit (CUP), as most recently reflected in
Resolution No. 2018-07, to allow the operation of a cemetery and associated
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improvements at the project site. All appropriate findings for the CUP were made and
this approval was contingent upon compliance with a number of Conditions of Approval
that regulates the operation and uses of the site. As part of the CUP, the total amount of
grading for the future development of the entire Green Hills site was already assessed
and specific grading quantities for each area is memorialized in Resolution No. 2018-07.
Therefore, a separate site-specific grading assessment is not required. Specifically,
Condition No. 6 of Resolution No. 2018-07 permits approximately 53,000yd3 of grading
in Area 2. The proposed 424yd3 of grading combined with the previous 16,918yd3 of
grading results in a total of 17,342yd3 to date, which is less than the total grading
allowed for Area 2. The proposed grading will be balanced on-site and 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 and the proposed use for Area 2.
Therefore, separate site specific grading findings are not required nor is an amendment
to the Conditional Use Permit warranted.
Appeal Reason No. 4: "To date, no audit or evaluation of density limits has been
done and therefore, the current density and intensity of use is unknown. Therefore, no
finding can be made that Green Hills is in compliance with the density limitations of the
Master Plan."
The City Council finds that the Master Plan should be used as a reference
document only and all future improvements, as stated in the Conditions of Approval, are
to be publicly noticed and considered by either the Director (unless appealed to the
Planning Commission) or the City Council. The City Council-adopted Conditions of
Approval do not regulate or establish density or intensity caps. Therefore, the proposed
project is in compliance with the Council-approved Conditions of Approval and no
evaluation of density and intensity is required.
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 2018-55,
denying the appeal and upholding the Planning Commission's approval of a Grading
Permit allowing 424yd3 of balanced grading to accommodate the installation of vaults
associated with earth interments, 3' tall walls, and benches in the unimproved Alta Vista
Gardens (Area 2) at Green Hills Memorial Park at 27501 Western Avenue, subject to
the conditions set forth in the attached Exhibit 'A' (PLGR2OI 8-0008).
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PASSED, APPROVED AND ADOPTED this 7th day of August 2018:
May r
ATTE •t
I A\--
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. 2018-55 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof he• on August 7, 2018.
diku
MUM,Clerk
Resolution No. 2018-55
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RESOLUTION NO. 2018-55
EXHIBIT 'A'
CONDITIONS OF APPROVAL
GRADING PERMIT (PLGR2OI8-0008)
27501 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK)
General Conditions:
1. This approval allows 424yd3 of balanced grading (212yd3 of cut and 212yd3 of fill)
to accommodate the installation of vaults, 3' tall walls, and benches associated
with earth interments in the unimproved portions of Alta Vista Gardens at Green
Hills Memorial Park.
2. The Conditions of Approval under Resolution No. 2018-07 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.
3. 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 90 days following the
date of this approval shall render this approval null and void.
4. 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.
5. 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.
6. Pursuant to Resolution No. 2018-07, 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
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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.
7. 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.
8. 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.
9. 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.
10. 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".
11. 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.
12. 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.
13. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but is not limited 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
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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.
14. When not being used in the daily operations of the cemetery, equipment and
supplies shall be stored in areas with minimal visual impact to adjacent
homeowners or in the maintenance yard if possible. Equipment and supplies shall
be neatly stacked so they do not pose a safety hazard or become a property
maintenance issue. All landscaping equipment and vehicles, and all vehicles used
for maintenance and/or burial preparation shall be stored in the maintenance yard.
15. 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.
16. Construction shall not impede on pedestrian and vehicular circulation, including
ingress and egress to the subject property.
17. Prior to any permit issuance, all applicable soils/geotechnical reports shall be
approved by the City's Geologist.
18. Prior to any permit issuance, all applicable drainage plans shall be reviewed and
approved by the City Engineer.
19. 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.
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