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20200121 Late CorrespondenceGood evening Dear City Council,. \\ [_\ \ -zJ) ~ \'Y\,~ ~CAG\AO\ ~. I would like to comment on few things on page 5 on your Agenda _report document-Compliance with Operational Conditions part Condition No. 14 (Noise) On so many occasions we had disturbing noise from the roof of the Pacific terrace mausoleum. Every time you bring that issue to GH, they say "we are looking into it" and you conclude that the issue is resolved and there is compliance with that condition. Is that for real? After the incident in December 2019 on the roof of the Pacific Terrace mausoleum GH said they installed a camera (to prevent such incidents). Well, that camera was installed before October 1st, 2019. Did that camera prevent what happened 2 months later? NO. Why do you say that GH is in compliance of condition No 14? I haven't heard or seen noise incident, which was taken care of before someone of us called, complained, etc. So, why are they in compliance? Condition No 19 (Constrution). "With respect to dust concerns, Staff received a co1nplaint about dust impacts during the time when Green Hills was in the process of re- paving a portion of its road toward the center of the park. At that time, Staff contacted Green Hills representatives to remind them of dust control requirements, after which Staff did not receive any follow-up complaints regarding dust." With respect to dust concerns: There was no more complains because the road was done! Until the next dusty work, which will be labeled as "taken care of' because there are no further complains (once is done) ... GH should know and follow the rules for construction, dust control, etc. AGENDA ITEM: ..JI _____ _ RECEIVED FROM: tJ M?Itt &I· AND MADE PART OF THE RE(jORq AT THE COUNCIL MEETING OF: I f_t9t t .;JoOlY OFFICE OF THE CITY CLERK If they have to be reminded about following some rules that 1neans they don't follow thetn! Why do we see "Compliance" again for this Condition?! Condition No 20 (Hours of operation) Ramp and its usage: I brought that on Dec 17, 2019 city council meeting It was not answered or taken into account. Probably it is too small to be addressed. Yet, the noise from there is the same as the noise from the top of the mausoleum. Also the shake and vibrations from heavy machines. What about disgusting slime and sludge coming and growing from water which washes human remains? Even worse, human remains full of chemicals; because of the way the dead body is preserved here before being buried, gasses that are released and we are so close to us? Oh, I guess that's probably classified as protection of the health and safety! Or, that's small, compared to general welfare of GH! What about the plant~hich are supposed to be "ground cover only" on the south perimeter of the Pacific Terrace mausoleum? Well, small bushes don't qualify as "ground cover" and how small is small enough? One of your "justifications" is that these bushes existed for several years and are kept small. Yes! I brought this for several years in a row and (because I'm small I guess) you ignored that! Some of them are the height of the fence! Seems like the same approach is taken towards us; oh, they are small, so, just ignore them?! I thought you are here to protect the small entities from the giants' interests. Now I see that you are here to justify the giant's interest and make them look legitimate. Thank you for your time, Nadia, Vista Verde GREEN HILLS COMPLIANCE REVIE~W..!!.--·--· AGiND,!\ IT~M: _,j ' ' ~· ~-~<' ~·~·~\ January 21 1 2020 REC~~IVI£0 FROM: ; A~~A~.E;.PARTO~.···~.,;:cc·, . ,,;,e: Green Hills is OUT of COMPliANCE: couNCIL Mt:EtiNG oF: -z \ / Zo'2-C?.._ OFF!'. E-OF THE CITY Gl. AK ···~~:: .. ~Uwm#Vtffl5V''''·"'?'I"'W .. L& I!M.t:o;:;.;;l:: •. • ·'· ..., • ..,. .. 1. Maintaining a clean & safe environment. The North wall of the Pacific Terrance Mausoleum has drainage spouts with nasty growth and dirty still water causing: a. Nasty unhealthy breeding Ground for mosquitos and potential West Nile Virus. b. Attracts rats & mice. c. This has been a consistent complaint for over five years. To my knowledge, Green Hills has only cleaned these drains one time d. Vista Verde complex has toddlers & elderly people that are AT RISK. 2. Providing a Fire Safe environment. Green Hills allows METALLIC BALLOONS in all areas of the cemetery. Specifically, a fire hazard when on top on the Pacific Terrace Mausoleum. In one month (December) alone, I found five (5) Metallic Balloons on Vista Verde's Property. a. Per Southern California Edison: -Metallic Balloons are NOT safe. -Metallic Balloons are to be kept INDOORS -Metallic Balloons are to NEVER be released outdoors b. Green Hills not only allows them, but sells them in there store. 'i . ; *{I SOUTHFRN CALIFOR.'HA Go paperless at www.sce.com/ebilling. It's fast, easyJat}d2SEtQure. ~ EDISONb Customer ~ An EDfSO.\ f.'iTER.\.-1 TfOi\'AL K Company Page 5 of 6 Please visit us at wvvw.sce.corn Stay Safe Around Electricity: Metallic Balloon Safety • Keep metallic balloons indoors. They should always be tied to a weight. • Never release them outside. They can cause electrical outages if they touch wires. • Never remove the weight. Puncture balloons before disposing of them. • Stay away and call 911. Do not attempt to retrieve a balloon or kite tangled in wires. Visit us at sce.com/staysafe for more safety tips. Stay aware. Stay safe. Information & Photos provided by: Lori Brown, Vista Verde Property Owner LB:fd:GrnHillsCompRev:Jan20 1/21/2020 0121201540a.jpg '.·} ' ~"I t?;-~. :IlK ~ https://mail.google.com/mail/u/O/?ogbl#inbox/KtbxlwHPxWMIBSnfGWTZjXJigKDgTQWPnB?projector=1&messagePartld=0.3 1/1 Item #1 - Images Provided by Tom Frew CENSUS 101: WHAT YOU NEED TO KNOW The 2020 Census is closer than you think! Here’s a quick refresher of what it is and why it’s essential that everyone is counted. Everyone counts. The census counts every person living in the United States once, only once, and in the right place. It’s about fair representation. Every 10 years, the results of the census are used to reapportion the House of Representatives, determining how many seats each state gets.It’s in theConstitution. The U.S. Constitution mandates that everyone in the country be counted every 10 years. The first census was in 1790. It’s about $675 billion. The distribution of more than $675 billion in federal funds, grants, and support to states, counties, and communities are based on census data. That money is spent on schools, hospitals, roads, public works, and other vital programs. It’s about redistricting. After each decade’s census, state officials redraw the boundaries of the congressional and state legislative districts in their states to account for population shifts. Taking part is your civic duty. Completing the census is mandatory: it’s a way to participate in our democracy and say “I COUNT!” Item #4 Booklet Inserts FIND OUT HOW TO HELP AT 2020CENSUS.GOV/PARTNERS Census data are being used all around you. Residents use the census to support community initiatives involving legislation, quality-of-life, and consumer advocacy. Businesses use census data to decide where to build factories, offices, and stores, which create jobs. Local governments use the census for public safety and emergency preparedness. Real estate developers use the census to build new homes and revitalize old neighborhoods. Your privacy is protected. It’s against the law for the Census Bureau to publicly release your responses in any way that could identify you or your household. By law, your responses cannot be used against you and can only be used to produce statistics. 2020 will be easier than ever. In 2020, you will be able to respond to the census online. You can help. You are the expert—we need your ideas on the best way to make sure everyone in your community gets counted. Connect with us @uscensusbureau 2020CENSUS.GOV Why We Ask The 2020 Census is easy. The questions are simple. The census asks questions that provide a snap- shot of the nation. Census results affect your voice in government, how much funding your community receives, and how your community plans for the future. When you fill out the census, you help: •Determine how many seats your state gets in Congress. •Guide how more than $675 billion in federal funding is distributed to states and commu- nities each year. •Create jobs, provide housing, prepare for emergencies, and build schools, roads and hospitals. POPULATION COUNT (NUMBER OF PEOPLE LIVING OR STAYING) We ask this question to collect an accurate count of the number of people at each address on Census Day, April 1, 2020. Each decade, census results determine how many seats your state gets in Congress. State and local officials use census counts to draw boundaries for dis- tricts like congressional districts, state legisla- tive districts, and school districts. ANY ADDITIONAL PEOPLE LIVING OR STAYING Our goal is to count people once, only once, and in the right place according to where they live on Census Day. Keeping this goal in mind, we ask this question to ensure that everyone living at an address is counted. OWNER/RENTER We ask about whether a home is owned or rented to create statistics about homeownership and renters. Homeownership rates serve as an indicator of the nation’s econ- omy and help in administering housing pro- grams and informing planning decisions. PHONE NUMBER We ask for a phone number in case we need to contact you. We will never share your number and will only contact you if needed for official Census Bureau business. Revised July 2019 Connect with us @uscensusbureau 2020CENSUS.GOV Why We Ask The 2020 Census is easy. The questions are simple. NAME We ask for names to ensure everyone in the house is counted. Listing the name of each person in the household helps respondents include all members, particularly in large house- holds where a respondent may forget who was counted and who was not. SEX We ask about the sex of each person to cre- ate statistics about males and females. Census data about sex are used in planning and fund- ing government programs, and in evaluating other government programs and policies to ensure they fairly and equitably serve the needs of males and females. These statistics are also used to enforce laws, regulations, and policies against discrimination in government programs and in society. AGE AND DATE OF BIRTH We ask about age and date of birth to under- stand the size and characteristics of different age groups and to present other data by age. Local, state, tribal, and federal agencies use age data to plan and fund government programs that provide assistance or services for specific age groups, such as children, working-age adults, women of childbearing age, or the older population. These statistics also help enforce laws, regulations, and policies against age discrimination in government programs and in society. HISPANIC, LATINO, OR SPANISH ORIGIN We ask about whether a person is of Hispanic, Latino, or Spanish origin to create statistics about this ethnic group. The data collected in this question are needed by federal agencies to monitor compliance with antidiscrimination provisions, such as under the Voting Rights Act and the Civil Rights Act. RACE We ask about a person’s race to create statistics about race and to present other statistics by race groups. The data collected in this question are needed by federal agencies to monitor com- pliance with antidiscrimination provisions, such as under the Voting Rights Act and the Civil Rights Act. State governments use the data to determine congressional, state, and local voting districts. WHETHER A PERSON LIVES OR STAYS SOMEWHERE ELSE Our goal is to count people once, only once, and in the right place according to where they live on Census Day. Keeping this goal in mind, we ask this question to ensure individuals are not included at multiple addresses. RELATIONSHIP We ask about the relationship of each person in a household to one central person to create estimates about families, households, and other groups. Relationship data are used in planning and funding government programs that provide funds or services for families, people living or raising children alone, grandparents living with grandchildren, or other households that qualify for additional assistance. 2020 Census at a Glance The census is much more than just a head count. It provides a picture of our nation that helps determine where to build new schools, hospitals, and businesses; how federal funding is distributed; and how congressional seats are apportioned. It also helps us see how our communities have changed over time. That’s why an accurate count is so important. UNDERSTANDING THE CENSUS Once every decade, the federal government conducts a census of the entire population to count everyone in the United States and record basic information about them. Our nation’s founders believed this data was so important that they mandated the decennial census in the Constitution. Easy and Convenient In 2020, for the first time ever, the U.S. Census Bureau will accept responses online, but you can still respond by phone or mail if you prefer. Confidential and Secure Strict federal law protects your census responses. It is against the law for any Census Bureau employee to disclose or publish any census information that identifies an individual or business. Census Bureau employees take a lifelong pledge of confidentiality to handle data responsibly and keep respondents’ information private. The penalty for wrongful disclosure is a fine of up to $250,000 or imprisonment for up to 5 years, or both. No law enforcement agency (not the DHS, ICE, FBI, or CIA) can access or use your personal information at any time. Data collected can only be used for statistical purposes that help inform important decisions, including how much federal funding your community receives. The Census Bureau will never ask for your Social Security number, bank or credit card account numbers, money or donations, or anything on behalf of a political party. The Census Bureau has a robust cybersecurity program that incorporates industry best practices and federal security standards for encrypting data. To make sure you and your community are counted, learn more about the 2020 Census by visiting 2020census.gov. KEY MILESTONES FOR THE 2020 CENSUS • September 2018—The Census Bureau’s recruitment Web site went live: 2020census.gov/jobs. For each decennial census, the Census Bureau begins recruiting thousands of paid census takers to help ensure a complete and accurate count. Interested applicants can visit the Web site to apply for a variety of jobs beginning in 2019 and through summer 2020. • April 2019—The 2020 Census Web site goes live: 2020census.gov. This site will be available in multiple languages and will provide downloadable materials, answers to frequently asked questions, and more information about how individuals and organizations can help spread the word about the 2020 Census. • August 2019—New Statistics in Schools classroom activities are available online: census.gov/schools. The Statistics in Schools program provides resources for teaching and learning with real-life data. • January 2020—The first enumeration of the 2020 Census takes place in Toksook Bay, Alaska. Local census takers must get a head start while the frozen ground allows easier access to remote areas with unique accessibility challenges. • March 2020—The public can begin responding to the 2020 Census online at 2020census.gov. Replying by mail or phone will also be an option. • April 2020—Every 10 years, we observe Census Day on April 1. • June 2020 through July 2020—Census takers go door to door to count people who have not responded to the 2020 Census. Census takers are Census Bureau employees and will provide proof that they are official government personnel. • December 31, 2020—By this date, as required by law, the Census Bureau reports to the President of the United States the population count and the apportionment of seats in the U.S. House of Representatives to each state. • 2021—Initial 2020 Census data are made available to the public on census.gov. Connect with us @uscensusbureau D-FS-GP-EN-010 2020CENSUS.GOV FACT: Children under the age of 5 had the highest undercount of any age group in the 2010 Census. Counting Young Children in the 2020 Census THE PROBLEM In the 2010 Census, the net undercount of children under the age of 5 was 4.6 percent. That’s nearly 1 million children. Unlike other age groups, the undercount of young children grew between the 2000 Census and 2010 Census. This is not a new problem, and it’s not unique to the United States. Young children who are missed in the census tend to have com- plex living arrangements. They might live with only one par- ent; large, extended families; foster families; or multiple fami- lies under one roof. These children may stay in more than one home throughout the year and may not be related to the person responding to the census. FPO Young children most likely to be missed tend to live with: •Foster families. •Multiple families. •People who are not related to them. •Grandparents, single par- ents, or young adults. •Individuals with limited abil- ity to speak English. •Renters or people who have moved. •Parents or guardians with lower incomes or without a permanent home. 2020CENSUS.GOV U.S. Census Bureau research shows that young chil- dren are not included in census responses because there is confusion about who to count. For example, individuals may not understand that they should include children staying in their home who aren’t their own. In other cases, individuals intentionally exclude children because they fear they could be exposed for breaking housing rules. Additionally, children can be missed, along with their entire household, because they are homeless or moved on or around Census Day. THE IMPACT The 2020 Census will help determine how more than $675 billion in federal funding is distributed to com- munities for the next 10 years—basically, an entire childhood. When young children are not counted, support for pro- grams, such as health insurance, hospitals, child care, food assistance, schools, and early childhood develop- ment, is impacted because the more children there are, the greater the need. Census data are also the basis of survey data that mea- sure a wide range of characteristics about young chil- dren and their communities. When census counts are incomplete, survey estimates are inaccurate, impacting the quality of decisions made by all data users. TAKING ACTION To improve the count of young children in the 2020 Census, the Census Bureau: •Clarified instructions to highlight that responses should include all babies and young children living or staying in a home. •Improved Census Bureau employee training to include information related to counting young children. •Tailored and integrated messaging about the importance of counting young children throughout its communications campaign. •Is educating national and local partners about ways to improve the count of young children. •Is marketing to communities where young children are most at risk of being left out of responses to the census. HELP ENSURE ALL CHILDREN ARE COUNTED IN 2020 •Count babies and children of all ages (even new- borns and infants) living with you, including biological, step, and adopted children, as well as grandchildren, foster children, and children in joint custody arrangements. •Count newborn babies at the home where they will live and sleep most of the time, even if they are still in the hospital on April 1, 2020. Do not count babies born after April 1, 2020. •Count children where they live and sleep most of the time, even if their parents do not live there, they are not related to the person completing the census, or they are not related to the person who owns or rents the property. •If children are moving to a new home in 2020, count them where they are living on April 1, 2020. •If a child’s time is divided between more than one home, count them where they stay most often. If their time is evenly divided between homes, or you don’t know where they stay most often, count them where they are staying on April 1, 2020. •For children that don’t have a permanent place to live, count them where they are staying on April 1, 2020, even if they are only staying there temporarily. HOW YOU CAN HELP Help your friends, family, and stakeholders under- stand who to include on their 2020 Census question- naire and why it’s important. Remind them that the census counts everyone living in the United States, and that their responses are protected by law. •Share the link to our Counting Young Children Web page with your family, friends, and neighbors. •Share our guidance about counting young children. •Follow us on Twitter and Facebook, and help share our messages. •Encourage your stakeholders to use our outreach materials to spread the word in their communities. 2020census.gov  Who to Count  Counting Young Children 2020CENSUS.GOV The law is clear—no personal information can be shared. Under Title 13 of the U.S. Code, the Census Bureau cannot release any identifiable informa- tion about individuals, households, or businesses, even to law enforcement agencies. The law states that the information collected may only be used for statisti- cal purposes and no other purpose. To support historical research, Title 44 of the U.S. Code allows the National Archives and Records Administration to release census records only after 72 years. All Census Bureau staff take a lifetime oath to pro- tect your personal infor- mation, and any violation comes with a penalty of up to $250,000 and/or up to 5 years in prison. The 2020 Census and Confidentiality Your responses to the 2020 Census are safe, secure, and pro- tected by federal law. Your answers can only be used to produce statistics—they cannot be used against you in any way. By law, all responses to U.S. Census Bureau household and business surveys are kept completely confidential. Respond to the 2020 Census to shape the future. Responding to the census helps communities get the funding they need and helps businesses make data-driven decisions that grow the economy. Census data impact our daily lives, informing import- ant decisions about funding for services and infrastructure in your community, including health care, senior centers, jobs, political rep- resentation, roads, schools, and businesses. More than $675 billion in federal funding flows back to states and local communities each year based on census data. Your census responses are safe and secure. The Census Bureau is required by law to protect any personal information we collect and keep it strictly confidential. The Census Bureau can only use your answers to produce statistics. In fact, every Census Bureau employee takes an oath to protect your personal information for life. Your answers cannot be used for law enforcement purposes or to determine your personal eligibility for government benefits. By law, your responses cannot be used against you. By law, your census responses cannot be used against you by any government agency or court in any way—not by the Federal Bureau of Investigation (FBI), not by the Central Intelligence Agency (CIA), not by the Department of Homeland Security (DHS), and not by U.S. Immigration and Customs Enforcement (ICE). The law requires the Census Bureau to keep your information confiden- tial and use your responses only to produce statistics. D-1254 2020CENSUS.GOV There are no exceptions. The law requires the Census Bureau to keep everyone’s informa- tion confidential. By law, your responses cannot be used against you by any government agency or court in any way. The Census Bureau will not share an individual’s responses with immigration enforcement agencies, law enforcement agencies, or allow that information to be used to determine eligibility for government benefits. Title 13 makes it very clear that the data we collect can only be used for statistical purposes—we cannot allow it to be used for anything else, including law enforcement. It’s your choice: you can respond securely online, by mail, or by phone. You will have the option of responding online, by mail, or by phone. Households that don’t respond in one of these ways will be visited by a census taker to collect the information in person. Regardless of how you respond, your personal information is protected by law. Your online responses are safe from hacking and other cyberthreats. The Census Bureau takes strong precautions to keep online responses secure. All data submitted online are encrypted to protect personal privacy, and our cybersecurity program meets the highest and most recent standards for protecting personal information. Once the data are received, they are no longer online. From the moment the Census Bureau collects responses, our focus and legal obligation is to keep them safe. We are committed to confidentiality. At the U.S. Census Bureau, we are absolutely committed to keep- ing your responses confidential. This commitment means it is safe to provide your answers and know that they will only be used to paint a statistical portrait of our nation and communities. Learn more about the Census Bureau’s data protection and pri- vacy program at www.census.gov/privacy. Laws protecting personal census information have withstood challenges. In 1982, the U.S. Supreme Court confirmed that even addresses are confidential and cannot be disclosed through legal discovery or the Freedom of Information Act (FOIA). In 2010, the U.S. Justice Department determined that the Patriot Act does not override the law that protects the confidentiality of individual census responses. No court of law can subpoena census responses. 2020 Census FAQ What is the census? The census is a count of every person who lives in the United States and its territories. It happens every 10 years. In early 2020, you will be asked to count everyone who lives in your home as of April 1. Responding to the 2020 Census is a chance to shape your future. What’s in it for me? Your responses inform where over $675 billion is distributed each year to communities nationwide for clinics, schools, roads, and more. Census data gives community leaders vital information to make decisions about building community centers, opening businesses, and planning for the future. Responding also fulfills your civic duty because it’s mandated by the U.S. Constitution. The United States has counted its population every 10 years since 1790. Your responses are used to redraw legislative districts and determine the number of seats your state has in the U.S. House of Representatives. Is my information safe? Your responses to the 2020 Census are safe, secure, and protected by federal law. Your answers can only be used to produce statistics. They cannot be used against you by any government agency or court in any way—not by the FBI, not by the CIA, not by the DHS, and not by ICE. When can I respond to the census? In early 2020, every household in America will receive a notice to complete the census online, by phone, or by mail. In May, the U.S. Census Bureau will begin following up in person with households that have yet to respond. What will I be asked? You will be asked a few simple questions, like age, sex, and the number of people who live in your home, including children. What won’t be asked? The census will never ask for Social Security numbers, bank or credit card numbers, money or donations, or anything related to political parties. For more information, visit: 2020CENSUS.GOV D-FA-GP-EN-034 TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK JANUARY 20, 2020 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, January 21, 2020 City Council meeting: Item No. 1 Description of Material Updated Attachment A (Draft Resolution with red line); Emails from Christa S. Nuber Respectfully submitted, L:\LATE CORRESPONDENCE\2020 Cover Sheets\20200121 additions revisions to agenda thru Monday.docx RESOLUTION NO. 2020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "E" TO THE APPROVED CONDITIONAL USE PERMIT NO. 55, AMENDING CONDITION NOS. 17, 18 AND ADDING CONDITION NO. 20 .5 TO CHANGE THE NEIGHBORHOOD ADVISORY COMMITTEE MEETING FREQUENCY (CONDITION N0.17); TO ALLOW A TEMPORARY SIGN TO BE HUNG FROM THE PRIMARY IDENTIFICATION SIGN UP TO 6 TIMES A YEAR (CONDITION N0.18); AND TO ALLOW A TRAVELING HALF-SIZE REPLICA OF THE VIETNAM VETERANS MEMORIAL TO BE LOCATED ON THE PROPERTY UP TO ONCE PER CALENDAR YEAR (CONDITION NO. 20 .5 ) FOR PROPERTY LOCATED AT 27501 S. WESTERN AVENUE (GREEN HILLS MEMORIAL PARK). WHEREAS, on April 24 , 2007, the Planning Commission adopted P.C. Resolution No. 2007-32, certifying a Mitigated Negative Declaration and adopted P.C. Resolution No. 2007 -33, approving amendments to the Conditional Use Permit No. 155 for 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 allowed grading and mausoleum buildings to be constructed at various specified locations throughout Green Hills cemetery; and, WHEREAS, on November 25, 2008, the Planning Commission conducted an annual review and adopted P.C . Resolution No . 2008-47, approving a revision to the Master Plan at Green Hills cemetery; and, WHEREAS, on February 25, 2014, following complaints by the Vista Verde Condominium Association regarding the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, the Planning Commission conducted an annual review of Conditional Use Permit No. 155 and tentatively agreed to impose a 90-day moratorium on all ground burials and interments on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum while Staff identified new or revised conditions to address specific noise, visual, and privacy impacts identified by the Planning Commission based on public testimony, and continued the public hearing to March 11, 2014; and, WHEREAS, on March 11, 2014, the Planning Commission continued the public hearing to April 22, 2014, and again on May 13, 2014, August 12, 2014, and August 26, 2014 to allow Green Hills and the Vista Verde Condominium Association to continue their discussions regarding the existing Pacific Terrace/Memorial Terrace Mausoleum; and, WHEREAS, on October 28, 2014, the Planning Commission conducted a public hearing and unanimously agreed to impose specific operational conditions on Green Hills to minimize impacts from burial activity involving the Pacific Terrace/Memorial Terrace Mausoleum and continued the public hearing to November 11, 2014; and, Resolution No . 2020 -I Page 1 of 38 ' WHEREAS, on November 11, 2014, the Planning Commission adopted P.C. Resolution No. 2014-29, imposing a moratorium on future burials and sales of burial plots on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building located in Area 11 of the Master Plan; a moratorium on above-ground burials within the 5' setback area along the western property line in the area south of the Pacifica Mausoleum building; directing Green Hills to submit a Variance application within 30-days to allow specific structures/interments that are located in setbacks to remain and imposing new conditions on the cemetery to avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11 of the Green Hills Master Plan; and, WHEREAS, on November 25, 2014, Ellen Berkowitz of Gresham, Savage Nolan & Tilden filed an appeal of the Planning Commission's decision to the City Council on behalf of Green Hills Memorial Park, seeking to overturn the entirety of the Planning Commission's decision; and, WHEREAS, on January 20, 2015, the City Council continued the public hearing, then again on September 1, 2015 and September 15, 2015, directing Staff to prepare a resolution upholding the Planning Commission's action; and, WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-102, upholding in part and modifying in part the Planning Commission's decision approving the compliance review for the Green Hills Cemetery and allowing the mausoleum building in Area 11 to remain in accordance with its 2007 approvals and permits and revising certain conditions of approval, and amending the Green Hills Cemetery Master Plan; and, WHEREAS, no Annual Compliance Review was conducted for 2015 since the 2014 Annual Review commenced on February 25, 2014 and extended through November 17,2015; and, WHEREAS, on January 31, 2017, the City Council conducted the 2016 annual review and adopted Resolution No. 2017-03, approving revisions to the Conditions of Approval as part of the 2016 Annual Review for the Green Hills Conditional Use Permit; and,· WHEREAS, on February 6, 2018, the City Council conducted the 2017 annual review and adopted Resolution No. 2018-07, approving revisions to the Conditions of Approval as part of the 2017 Annual Review for the Green Hills Conditional Use Permit; and, WHEREAS, on March 19, 2019, the City Council conducted the 2018 annual review and found that Green Hills was in compliance with the Conditions of Approval of Conditional Use Permit No. 55; and, Resolution No. 2020- Page 2 of 38 WHEREAS, Condition of Approval No. 22(N-2) of Resolution No. 2018-07 affords the City Council the ability to conduct an annual review and add, delete, or modify the conditions of approval as deemed necessary and appropriate; and, WHEREAS, on December 19, 2019, a public notice of the 2019 Annual Review was mailed to owners of property within a 500' radius of the subject site, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Code Section 17.80.090, and published in the Palos Verdes Peninsula News pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, the City Council held a duly noticed public hearing on January 21, 2020, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: CEQA Findings. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), this decision by the City Council (i) constitutes minor modification to the existing Conditions of Approval of the Green Hills Master Plan Conditional Use Permit; and (ii) will not have a significant effect on the environment. Therefore, this decision is not subject to CEQA pursuant to California Code of Regulations Sections 15061 (b)(2), and 15301. Section 2: Municipal Code Findings for Granting Compliance Review and Modifications to Conditions. This is a de novo hearing where the City Council has considered the evidence before it. The City Council finds that this use dates back to 1948 and was annexed to the City in 1984 with the original Master Plan approved in 1991, revised Master Plan approved in 2007 and which has been updated from time to time, an Annual Review commenced in 2014 was approved with modified conditions in 2015, an Annual Review approved with modified conditions in 2017, an annual review approved with modified conditions in 2018, and the most recent annual review approved in 2019. There is no expansion of the use beyond the Revised Master Plan, and additional conditions have been imposed to minimize impacts to surrounding properties and protect community health, safety, and general welfare. The changes to the conditions being proposed do not affect the validity of the findings made in Resolution No. 2018-07. Accordingly the Council finds: A. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to Resolution No. 2020- Page 3 of 38 integrate said use with those on adjacent land and within the neighborhood. To wit: Green Hills Memorial Park's entrance is located at 27501 Western Avenue in the northeast corner of the City, bordering the City of Lomita, the City of Rolling Hills Estates, and the City of Los Angeles. The property is approximately 121 acres in size, and is a privately owned and operated cemetery facility. Approximately 1,800 burials occur annually at the cemetery. The site is, therefore, of a size and shape that allows its use as a cemetery facility, including all required setbacks, landscaping and other features. The entrance is sufficient to accommodate traffic into and out of the cemetery. The cemetery abuts residential properties to the north and south, a church complex and reservoir land to the west, and residential and undeveloped land to the east (site of the proposed Highpark residential development), across Western Avenue. The use of the property is thus consistent with surrounding uses and the adjacent neighborhood as a low-density development. B. That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. To wit: Green Hills Memorial Park has been in existence at this location since 1948. Its main entrance is located on Western Avenue, a major thoroughfare that accommodates the amount of vehicular traffic to and from the cemetery. The proposed changes to the conditions will not negatively affect the traffic on Western Avenue as two of the changes will not create additional traffic (event sign and Neighborhood Advisory Committee meeting frequency), and Western Avenue will be sufficient to handle any additional traffic that may be created by the third amendrnent, which allows a traveling half-size replica of the Vietnam Veterans Memorial, "The Moving Wall", to be displayed on the property once per calendar year. The cemetery also has an additional access road off Palos Verdes Drive North that leads to the cemetery's maintenance yard, which alleviates potential construction vehicle traffic congestion at the entrance on Western Avenue. C. That, in approving the subject use at the specific location, there will be no significant adverse effects on adjacent property or the permitted use thereof. To wit: The conditions imposed m1n1m1ze impacts on neighboring properties. Conditions address, among other issues: parking, grading, noise, landscaping, setbacks, mitigation monitoring, Master Plan compliance reviews, dust, emissions by construction vehicles and equipment, construction, dirt storage, lighting, employee training and complaints, trash and debris, storage of equipment and supplies, fences, signage, and storm water mitigation. This is further described in Finding E below. D. That the proposed use is not contrary to the general plan. To wit: Resolution No. 2020- Page 4 of 38 Green Hills Memorial Park is consistent with the General Plan's Cemetery zoning designation of the site, and with the types of land uses permitted within the Development Code's Cemetery land use designation. Further, the changes to the Neighborhood Advisory Committee meeting frequency and the addition of a temporary sign to the primary identification sign site will have no effect on the policies of the General Plan. Also, The Moving Wall will help to serve the political, cultural, and social needs of the residents. E. That conditions regarding any of the requirements listed in this Section, which the City Council finds to be necessary to protect the health, safety, and general welfare, have been imposed. To wit: a. Setbacks and buffers; b. Fences or walls; c. Lighting; d. Vehicular ingress and egress; e. Noise, vibration, odors and similar emissions; f. Landscaping; g. Maintenance of structures, grounds, or signs; h. Service roads or alleys; and i. Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. Some minor changes to the conditions of approval are proposed as part of the Annual Review, which will also meet the intent of this condition. Section 4: Compliance Review. Pursuant to Condition of Approval No. 22.N-3 contained in Resolution No. 2018-07, which states that: "The City Council shall conduct an annual review or as deemed necessary by the City Council to review the properly owner's compliance with all conditions of approval associated with the Master Plan. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of properly within a 500! foot radius, to persons requesting notice, to all affected homeowners associations, and to the properly owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090". This annual review considers the approved amendments to the Master Plan's Conditions of Approval and has determined that Green Hills is in compliance with action and operational conditions. The City Council has the ability to add, delete, or modify the conditions of approval as deemed necessary and appropriate. Accordingly, the conditions of approval that are approved by this Resolution, which are attached hereto as Exhibit 'A' and incorporated herein by this reference, are hereby added to the Green Hills Master Plan. Section 5: Modification of Conditions. Attached hereto as Exhibit 'A' are conditions governing this use, both existing and modified conditions, all incorporated Resolution No. 2020- Page 5 of 38 herein. As set forth above, this determination includes amending three existing conditions of approval of the Green Hills Master Plan to change the Neighborhood Advisory Committee meeting frequency, allow a sign advertising special events and daylight savings time changes to be hung periodically from the primary identification sign, and allow the temporary installation of the "Moving Wall" traveling half-size replica of the Vietnam Veterans Memorial. The amendments to the conditions are summarized and shown below with the deleted text shown strike through and the new text in bold, italic and underlined: A. Condition No. 17 is amended to reduce the frequency of the Neighborhood Advisory Committee meetings, as follows: 17. Green Hills Cemetery Neighborhood Advisory Committee. Green Hills shall establish a neighborhood advisory committee, consisting of two representatives and one observer from the Peninsula Verde and the Rolling Riviera homeowner's associations, as well as a representative from City Staff. The Committee shall meet at least once each calendar year, but no more than four times per calendar year every quarter during normal business hours to review any operational and neighborhood concerns. Reports on the meeting shall be provided to the City Council. B. Condition No. 18 is amended to allow an internally-illuminated sign to be hung periodically from the primary identification sign to advertise special events and semiannual Daylight Saving Time changes, as follows: 18.a The property owner shall be allowed to hang an internally-illuminated sign from the primary identification sign located adjacent to South Western A venue that shall advertise no more than four annual events and no more than two hours-of-operation changes (due to the semiannual Daylight Saving Time changes) at various times throughout the year, subject to the following: i. The temporary sign shall be internally-illuminated with LEDs, the same as the primary identification sign. The temporary sign shall be allowed to have different text and graphics for each of the annual events and hours-of-operation change notifications, and shall measure 3 feet tall by 14 feet wide to match the width of the primary identification sign. ii. The temporary signage shall be displayed up to 30 days in advance of each event, and shall be removed within seven days after the conclusion of each event. The four allowable events shall be: • Memorial Day Commemoration (last Monday in May) • Easter Sunrise Service (March/April) • Harvest Festival (October) Resolution No. 2020- Page 6 of 38 • Let it Snow Days (December) iii. Approximately 30 days prior to the semiannual time changes, signs advertising the changes to the hours of operation detailed in Condition No. 20.b of this Resolution shall be displayed. iv. The temporary sign shall be mounted to the primary identification sign. v. The approved LED sign shall not exceed Municipal Code requirements for outdoor lighting (RPVMC Section 17.56.040) and shall have an automatic dimming system to control the amount of lumens emitted during the different operating times of the day and evening. The approved LED sign shall only be used during the approved park operating hours, specified in Resolution No. 2018-07. vi. The events associated with the temporary sign shall comply with all conditions of approval detailed in City Council-adopted Resolution No. 2018-07. C. Cond it io n No. 20 .5 is amended added to a ll ow a trave ling ha lf-size rep lica of the V ietnam Veterans Memorial, "The Moving Wall", to be displayed on the property once per calendar year, as fo ll ows 20.51.-The Moving Wall (Traveling half-size replica of the Vietnam Veterans Memorial). The property owner shall be allowed to have The Moving Wall located on the property no more than 10 calendar days per calendar year, subject to the following: i.a. The Moving Wall shall be allowed to remain on display for no more than 10 days per calendar year. ii.b. Security. The Moving Wall shall be monitored 24 hours a day by security staff hired by the property owner. Any visitors wishing to visit the Wall after the hours of operation detailed in Condition No. 20b shall be escorted on and off the property . .;.;;.c. Plans. At least 60 days prior to the installation of The Moving Wall on the property, the property owner shall notify the Director of Community Development where The Moving Wall is proposed to be placed. iv-.d. Lighting. Any temporary lighting proposed for The Moving Wall shall comply with Mitigation Measures A-1, A-2, and A-3 as detailed in Condition No. 22. Reso lution No. 2020- Page 7 of 38 Section 6: Approval of Annual Review and Modifications to Conditions. For the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings in this matter, and pursuant to Condition of Approval No. 22. N-3 contained in Resolution No. 2018-07, the City Council of the City of Rancho Palos Verdes hereby adds to the Green Hills Cemetery Master Plan Conditional Use Permit, the conditions that are set forth within the attached Exhibit 'A,' which is incorporated herein by this reference. Section 7: Judicial Review. The time within which judicial review of the decision reflected in this Resolution must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or other applicable short periods of limitation. PASSED, APPROVED AND ADOPTED this 21st day of January 2020. John Cruikshank, Mayor ATTEST: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2020-XX was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on January 21, 2020. City Clerk Resolution No. 2020- Page 8 of 38 EXHIBIT 'A' CONDITIONS OF APPROVAL GREEN HILLS CEMETERY MASTER PLAN 27501 WESTERN AVENUE 1. General; Consistency Master Plan: This approval is a Revision to the Green Hills Master Plan, and shall be consistent with the "Master Plan Amendment Submittal Package" booklet dated January 29, 2007, prepared by J. Stuart Todd Inc., which allows the following: a. Grading Between 1991-2004. Acknowledgment that the actual quantity of grading that has been conducted between 1991 through 2004, which is 288,814 cubic yards (cut and fill), is 89,475 cubic yards more than originally approved by the original Master Plan approved in 1991 through City Council Resolution No. 91-7; b. Additional Grading. Allow a total of 643,259 cubic yards of additional grading, which includes 97,964 cubic yards of import for all the various proposed mausoleum buildings, and all cut and fill associated with earth interments, including rooftop interments, throughout the cemetery site for the life of the Master Plan. Since the applicant has previously performed grading in excess of the provisions of the Master Plan, a topographic baseline survey prepared by Bolton Engineering Corp. showing all existing grades was accepted as the baseline topographic plan by the Director on April 12, 2016. All future grading will be measured against the City-accepted baseline topographic survey. For Area 6, any future grading will be measured against plans titled "Existing Conditions", prepared by Bolton Engineering Corp. showing all existing grades and stamped approved by City Staff on October 17, 2011. Prior to any Grading Permit final, the applicant shall submit an as-built topographical survey prepared and wet-stamped by a licensed engineer depicting the finished grades. The imported fill material will be conducted in phases as each mausoleum building is constructed over an extended period of time over the next 30-to 50-years, as allowed herein. PREVIOUSLY CONDITION 1.b and 1.b.v OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. c. Storage of Excavations. Temporary storage (up to 72-hours) of Interments excavations is allowed provided that such excavation is covered or stored within an appropriate container. PREVIOUSLY CONDITION 1.g OF RESOLUTION NO. 2015-102. d. Slope Grades Maximum. Finish slopes and grades shall not exceed 3:1 and shall include the installation of erosion control methods, such as jute netting and plant material. PREVIOUSLY CONDITION 25 OF RESOLUTION NO. 2015-102. Resolution No. 2020- Page 9 of 38 e. Earth Interments. Earth interments are permitted throughout the cemetery including family estates, which are commonly enclosed with low garden walls, as allowed in Condition No. 1 h. PREVIOUSLY CONDITION 1g PER RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. f. Rooftop Interments. Rooftop interments shall be subject to City Council review as described in Condition No. 2b. Except as may otherwise be permitted by City Council, there shall be no above ground structures, including but not limited to, garden walls and above-ground headstones on the rooftop. Guardrails, pilasters and/or parapet walls approved as part of the building and benches up to 36-inches in height are permitted on the rooftop. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. g. Additional Interment Areas. Mausoleum building and garden areas shall be permitted to be retrofitted to accommodate niches and vaults throughout the property. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. h. Minor Cemetery Improvements. Minor cemetery improvements, including but not limited to, water features, garden walls, bench memorials, gardens, upright memorial features, statues, stone features (including stone landscaping features), cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges, cremation benches, outer interment containers and above ground vaults, and similar features up to 3 feet in height and headstones up to 6 feet in height shall be permitted throughout the cemetery and exempt from Condition No. 2, except for the required setback areas. In Area 4, headstones above 3 feet are prohibited and cemetery improvements shall not contain interments and/or niches. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. 1. Inconsistency of Conditions. Below are specific conditions for individual areas (Areas 1-13). In the event of any inconsistencies between the general provisions of this Conditional Use Permit and the individual areas, the conditions of the individual areas (Areas 1-13) shall supersede any other conditions that govern other areas of the Green Hills property. j. Soils Testing. The property owner shall submit a soils testing protocol report appropriate for the cemetery that shall be reported to the City Council prior to the 2017 Annual Review to determine if soil testing should be conducted. Resolution No. 2020- Page 10 of 38 2. Review of Future Improvements: Future improvements shall be in substantial compliance with the Master Plan Revision approved by the Planning Commission on April 24, 2007 and July 22, 2014, and the City Council on November 17, 2015, as indicated in these conditions of approval and will be reviewed by the Director of Community Development ("Director") under Condition No. 2a or the City Council under Condition No. 2b, as described below. a. Director Review. Unless the Director refers the application directly to the City Council as described below, the following improvements may be reviewed by the Director through a Site Plan Review, subject to appeal to the Planning Commission (or thereafter to the City Council): (1) Minor Modifications. Minor modifications to the approved plans or any of the conditions that will achieve substantially the same results as would strict compliance with such plans and conditions. (2) Small Buildings. Except for mausoleums or unless otherwise addressed herein, all other structures less than 120 square feet in size, including but not limited to gazebos and shade structures, not exceeding 16 feet in height located outside of the required setbacks, not on an extreme slope (35% or more), and not on the roof of a mausoleum building. PREVIOUSLY CONDITION NO. 1.i OF RESOLUTION NO. 2015-102. (3) Cemetery Related Features. Customary cemetery-related features over 36 inches in height, including but not limited to, water features, garden walls, bench memorials, gardens, upright memorial features, statues, stone features (including stone landscaping features), cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges, cremation benches, outer interments containers and above ground vaults, and similar features, provided that the height of such features shall not exceed 16 feet. In setback areas, such features are not permitted unless specified in the respective Area conditions (Areas 1-13). PREVIOUSLY CONDITION NO. 1 k OF RESOLUTION NO. 2015-102. (4) Fences and Walls. Freestanding fences and walls, including perimeter walls, up to 8 feet in height shall be permitted throughout the property. Fences and walls (excluding perimeter fences and walls) located outside of structure setbacks may accommodate niches or vault interments and are not subject to interment setbacks. Perimeter fences and walls shall be solid. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. Resolution No. 2020- Page 11 of 38 (5) Retaining Walls. Retaining walls shall be permitted throughout the property and may accommodate niche or vault interments. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. (6) Grading. Grading shall be permitted throughout the property, provided that the Director determines that the grading substantially complies with the Master Plan and conditions. Any grading associated with new mausoleum buildings shall be subject to City Council review under Condition No. 2b. With the exception of Areas 1, 4, 5, 6, and 11, permitted grading includes grading of areas for mass installation of vaults. Prior to commencing any earth movement, the property owner shall obtain a grading permit as required by the Rancho Palos Verdes Municipal Code. Grading permit shall not be required for individual interments. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. Prior to considering a Site Plan Review application, the Director shall give a 15 day written notice for an opportunity to comment on the matter to owners of property within a 500-foot radius of the site of the improvements, if any, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. Upon the Director's determination, Notice of the Director's decision shall be issued to the aforesaid parties and the applicant, who shall have 15 days to appeal the decision in writing to the Planning Commission, then to the City Council. In lieu of Director Review as specified above, tl1e Director may refer future improvements directly to the City Council in accordance with the procedure in Condition No. 2b below. b. City Council Review. Significant changes to the Conditional Use Permit shall be subject to direct review and approval by the City Council. Such changes shall include the following: (1) New construction or reconstruction of any structure over 120 square feet in size and/or taller than 16 feet in height, including mausoleum buildings. (2) Rooftop Interments. (3) Any significant change in grading, including but not limited to quantities from that shown in the Master Plan and the contours shown in the topographic baseline survey prepared by Bolton Engineering Corp. accepted by the City on April12, 2016. Resolution No. 2020- Page 12 of 38 (4) Any modification to the Master Plan or conditions of approval, including but not limited to, new structures in undesignated areas of the Master Plan, which shall be processed as a revision to the Conditional Use Permit (not Site Plan Review). The City Council shall consider all such matters only through a noticed public hearing. Notice of the public hearing shall be published and provided to owners of property within a 500-foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. At that time, the City Council may determine that the proposed improvements are in substantial compliance or add, delete, or modify the conditions of approval or the Master Plan, as deemed necessary and appropriate. Written notice of the City Council's decision shall be given to the property owner. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 3. Building Silhouettes. Prior to construction of any building, including any substantial modification or reconstruction of such buildings, the applicant shall install a certified temporary frame silhouette before the City can deem the application complete. Once the silhouette is constructed, a licensed engineer, land surveyor or architect must certify that the silhouette accurately depicts the location, height and outline of the proposed building. PREVIOUSLY CONDITION NO. 1i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 4. Building Heights. Building height limitations are determined by these conditions. The heights of each building shall be certified by a registered Civil Engineer and submitted to the Community Development Department prior to Building Permit Final. New mausoleum buildings (including Inspiration Slope Mausoleum) shall not exceed 20- feet in height as measured from the highest existing/preconstruction grade elevation covered by the structure to the highest point of the structure (including railings and/or pilaster caps), and shall not exceed an overall height of 30-feet as measured from the lowest finished grade adjacent to the building to the highest point of the structure (including railings and/or pilaster caps). PREVIOUSLY CONDITION NO. 30 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 5. Area 1 (Pacifica): a. Structure Setbacks for the Pacifica Mausoleum: West: 15 feet (except for portions previously approved at 5 feet and 8 feet which may not be further modified) Resolution No. 2020- Page 13 of 38 North: East South: b. Earth Interments: West North: 40 feet 25 feet If abutting a residential zoning district, 40 feet. If abutting a nonresidential zoning district, 25 feet 0 feet 16 feet except for the 13 interments in the northwest corner and 6 plots already sold. c. Supervision. During every burial service located between the north property line and the adjacent roadway, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. d. Vegetation. Except for the existing hedge, drought tolerant, low maintenance and erosion controlling landscaping is required in the western setback adjacent to the Pacifica Mausoleum expansion. PREVIOUSLY CONDITION NO. 8 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 6. Area 2 (Inspiration Slope): a. Grading. Area will be constructed in a minimum of three phases over a period of 5- to 1 0-years (as funding and budgeting become available), with the initial phase completed in 2017. The construction will require adequate backfill to keep the adjacent earth Interments section at a consistent level. Cumulatively, upon completion, the project will have produced approximately 53,000 cubic yards of grading; however, each phase will require between approximately 10,000 to 15,000 cubic yards of import. Thus, it is estimated that approximately 40,000 cubic yards of import fill will be required for construction of the entire Inspiration Slope project. PREVIOUSLY CONDITION NO. 1.b.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. b. Mausoleum. The mausoleum on Inspiration Slope shall be located as shown on the Master Plan so as not to impair views from the Peninsula Verde neighborhood. Any new construction or expansion of the mausoleum shall require City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. Resolution No. 2020- Page 14 of 38 c. Rooftop Interments. Rooftop interments shall be subject to City Council review as described in Condition No. 2b. d. Retaining Wall. The 14.16 foot tall combination wall, as measured from the lowest adjacent finished grade to the highest point (including railings or pilaster caps), shall be permitted to contain niches or vaults for cremated remains. PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. e. Hedges. Prior to building permit final of the mausoleum, the existing hedge that separates Crescent Lawn and Inspiration Slope shall be removed. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. f. Supervision. During every burial service, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 7. Area 3 (Reflection Mausoleum Expansion): a. Grading. A total of approximately 14,000 cubic yards of imported fill shall be permitted for the mausoleum construction. PREVIOUSLY CONDITION NO. 1.b.ii OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Square Footage. Allow a new approximately 75,000 square foot mausoleum building to the west of the existing mortuary, approximately 10,000 square feet of which will be above grade and approximately 65,000 square feet will be below grade, subject to City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 1.d OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. 8. Area 4 (North Terrace Drive): a. Grading. Prior to grading operations for new earth interments areas, the property owner shall submit a grading plan, prepared by and wet-stamped by a licensed civil engineer. The existing grade elevation shall not be raised without prior approval by the Director, pursuant to Condition No. 2a. PREVIOUSLY CONDITION NO.3 OF RESOLUTION NO. 2015-102. Resolution No. 2020- Page 15 of 38 AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. b. Structures. Except as provided in Condition No. 8d, no above ground structures are permitted within the 8' setback from the north property line, including but not limited to, garden walls for family estate interments, or other built-up structures. For areas outside of the 8 foot setback, minor cemetery improvements are permitted as provided in Condition No. 1 h. PREVIOUSLY CONDITION NO. 1.f OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. c. Earth Interment Setbacks: East: 0 feet North: 8 feet ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. d. Perimeter Fence or Wall. An 8 foot tall vinyl fence shall be installed along the north property line abutting the rear yards of the residential properties on Peninsula Verde Drive. The fence shall be earth-tone in color, approximately 1,150 feet long, and shall be set back at least 2 feet from the north property line. Notwithstanding existing encroachments by the abutting residents, the property owner shall be responsible for installing the perimeter fence by June 1, 2018, subject to Condition No. 2a. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. e. Landscape Screening. In areas where no landscaping exists, the property owner shall submit a landscaping plan to the Director for review and approval and shall install landscaping within 90-days of installation of the perimeter fence or wall (refer to Condition No. 1 O.d) for screening purposes. Landscaping shall be planted on the cemetery side and shall measure at least 8 feet in height from adjacent grade. Neither the existing nor proposed landscaping shall significantly impair any near or far view as defined by the Development Code. The property owner shall be responsible for continuous maintenance of said landscaping. PREVIOUSLY CONDITION NO. 19 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. f. Supervision. During every burial service located between the north property line and the adjacent roadway, at least one employee of the cemetery shall attend and Resolution No. 2020- Page 16 of 38 monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 9. Areas 5 and 6: a. Grading. Approximately 137,000 cubic yards of grading is permitted to accommodate future mausoleum buildings and earth interments. PREVIOUSLY CONDITION NO. 1.h OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Excess Material/Stockpiling in Area 6. Excess earth material resulting from interment sites, ground spoils, construction, or site grading, shall be permitted to be stored/stockpiled. The property owner shall maintain a minimum 8 foot high chain link fence with a mesh material to reasonably screen, enclose, and confine Area 6, consistent with the plans on file and approved by the Director in February 2017, to mitigate any unsightly aesthetic conditions related to the stockpiling, storage of materials, and trash. Area 6 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. A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to Area 6 and a phone number(s) to be called in the event that dust is visible from Area 6, shall be posted and displayed on the fencing. PREVIOUSLY CONDITION NO. 1h OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. c. Mausoleums in Area 6. Allow 5 separate mausoleum buildings with each footprint measuring approximately 24,000 square feet, subject to City Council review as described in Condition No. 2b. d. Structure Setbacks: West: South: 5 feet 40 feet e. Earth Interments Setbacks: West: South: 5 feet 20 feet (presumes 8 foot landscape buffer and 1 0 foot wide roadway) Resolution No. 2020- Page 17 of 38 f. Landscape Screening. Landscaping shall be planted within 8' of the future south perimeter wall on the cemetery side prior to the completion of the future roadway (refer to Condition No. 9g) for screening purposes. Landscaping shall measure at least 8 feet in height from adjacent grade. Neither the existing nor proposed landscaping shall significantly impair any near or far view as defined by the Development Code. The property owner shall be responsible for continuous maintenance of this landscaping. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. g. Road. The future road extension that parallels the south property line shall be completed prior to the City issuing a final occupancy permit for any building in Area 6. The future road extension that parallels the south property line shall be setback a minimum of 8 feet from the future wall to provide a landscape buffer as required in Condition No. 9f. Prior to construction, the future road shall include traffic calming measures as deemed acceptable by the Director of Community Development. PREVIOUSLY CONDITION NO. 27 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. h. Supervision. During every burial service, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. i. Historic Church in Area 6. Revision "D" to conditional use permit of the Green Hills permits the placement of an historic church building in Area 6 of the Master Plan, southwest of the existing duck pond. The church building measures less than 1,100 square feet in area, and has a steeple at the front of the building that is 7- feet wide, 7-feet deep, and 38-feet tall. (1) The church building may be used for funeral services only, and may not be used for congregational church services. Further, the existing bell may remain as a decorative feature only, and the bell or bell recordings may not be used. (2) Major additions to the church building or relocation of the church building to another location on the property are not allowed without prior City Council approval. (3) Hours. The Chapel may be open to the public from 7:00 a.m. to 9:00 p.m. Monday through Sunday. Resolution No. 2020- Page 18 of 38 PREVIOUSLY CONDITION NO. 1.1 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 10.Area 7 (Southwest Terrace Mausoleum): a. Grading. Area 7 will not require import of fill since the amount of excavation far exceeds the amount of backfill necessary for this mausoleum buildings, and the excess dirt will be placed and compacted in Areas 5 and 6 of the Master Plan (i.e., the southern and southwestern portions of the cemetery site), which is not expected to be developed for another 30 years. PREVIOUSLY CONDITION NO. 1.b.iii OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Mausoleum. New mausoleum is permitted at the southwest side of the cemetery, with a building footprint of approximately 38,000 square feet, subject to City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 1.e OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. c. Setbacks: Structures Earth Interments West: 5 feet West: 5 feet ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 11.Area 11 (Pacific Terrace/Memorial Terrace Mausoleum): a. Grading. Area 11 will not require import of fill since the amount of excavation far exceeds the amount of backfill necessary for this mausoleum building, and the excess dirt will be placed and compacted in Areas 5 and 6 of the Master Plan (i.e., the southern and southwestern portions of the cemetery site), which is not expected to be developed for another 30-years. PREVIOUSLY CONDITION NO. 1.b.iii OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Setbacks for the Pacific Terrace/Memorial Terrace Mausoleum are as follows:. North: 8: feet for the portion constructed and finaled as of 2013. 40: feet for future expansions. West: If abutting a residential zoning district, 40: feet. If abutting a nonresidential zoning district, 25: feet. South: If abutting a residential zoning district, 40: feet. Resolution No. 2020- Page 19 of 38 If abutting a nonresidential zoning district, 25~ feet. East: 25~ feet PREVIOUSLY CONDITION NO. 8.a OF RESOLUTION NO. 2015-102. c. Tractor Ramp. The entire length of the tractor ramp shall be left clear at all times when not in use. No vehicles, landscaping equipment, construction equipment, storage containers, etc. may be parked, stored or left on the tractor ramp. PREVIOUSLY CONDITION NO. 1.3.a OF RESOLUTION NO. 2015-102. 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. PREVIOUSLY CONDITION NO. 1.3.d OF RESOLUTION NO. 2015-102. e. Screen Rear Wall. The Northern (rear) wall of the mausoleum building shall be screened by a type of wall vine landscaping. The landscaping shall be planted and allowed to grow on the wall only, to the satisfaction of the Director and shall not grow above the wall. PREVIOUSLY CONDITION NO. 1.3.b OF RESOLUTION NO. 2015-102. f. Landscaping. (1) Roof. With the exception of ground cover, no other vegetation shall be planted on the roof of the Pacific Terrace/Memorial Terrace Mausoleum. For other areas within Area 11 that are outside the footprint of the Pacific Terrace/Memorial Terrace Mausoleum, only ground cover, shrubs and other vegetation below the height of the existing wall on the property line are allowed. Vines are allowed on the northern wall of the Pacific Terrace/Memorial Terrace Mausoleum building provided that they do not exceed the solid building parapet. PREVIOUSLY CONDITION NO. 1.3.c OF RESOLUTION NO. 2015-102. (2) Tree Screen at Mausoleum. If desired by the Vista Verde Condominium Association, applicant shall plant suitable trees or landscape screening between the condominium building and the Mausoleum. The Director shall approve the materials, size, and plant spacing. Applicant shall keep the screen in good health and replace any plants when necessary to maintain the screen without obstructing significant views. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. Resolution No. 2020- Page 20 of 38 g. Additions to Mausoleum. No additions or expansion shall be allowed to the existing Pacific Terrace/Memorial Terrace Mausoleum in Area 11. No new mausoleum building shall be constructed within Area 11 without first obtaining City Council approval at a duly noticed public hearing following the process set forth 1n Condition 2b. PREVIOUSLY CONDITION NO. 1.3.e OF RESOLUTION NO. 2015-102. h. Rooftop Interments. The following conditions are applicable to all interments on the roof of the Pacific Terrace/Memorial Terrace Mausoleum Building. PREVIOUSLY CONDITION NO. 1.3.5 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (1) Pre and Post Service. Pre-service interment preparation and post-service plot backfilling of the rooftop earth interments on the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00p.m., Monday through Sunday (See Condition 17). PREVIOUSLY CONDITION NO. 1.3.5.a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (2) Hours. Burials and all associated services on the roof top earth interments of the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (3) Sales. Sales personnel shall be allowed to show potential roof-top earth interment plots on the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, only between the hours of 10:00 a.m. and 3:00p.m. Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.f OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (4) Haul Vehicle. The use of a mini-haul vehicle (which is illustrated in Green Hills' power point presentation to the Planning Commission on May 13, 2014) shall be limited to pre-service interment preparation and post-service plot backfilling of the rooftop earth interments during the hours of 1 O:OOam and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. Resolution No. 2020- Page 21 of 38 (5) Sound. The use of amplified sound is prohibited on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building. This prohibition shall not apply to the amplified sound for the playing of "Taps" as part of funeral services for military personnel and for police, fire and other first responders. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102. (6) Tenting. All services on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building shall be conducted within temporary covered tenting that is enclosed on a minimum of 2 sides, as illustrated in Green Hills' power point presentation to the Planning Commission on May 13, 2014. One of the two covered sides shall be the north side facing the Vista Verde Condominium complex. Temporary tenting shall be erected no earlier than 2 hours prior to the burial service and shall be removed within 2 hours after the burial service. PREVIOUSLY CONDITION NO. 1.3.5.e OF RESOLUTION NO. 2015-102. (7) Notice to Property Owners. Small flags shall be placed on any interment site located on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum within 24 hours after a burial service has been scheduled for that site, to provide neighboring property owners with advanced notice of scheduled interment and burial services, unless burial will be in less than 24 hours from death in which case flags will be placed as soon as possible before the service. The property owner shall also post on its publicly accessible website (www.greenhillsmemorial.com) additional details concerning the anticipated time and date of scheduled burial services. PREVIOUSLY CONDITION NO. 1.3.5.g OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (8) Supervision. During every burial service occurring on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and cemetery park rules. PREVIOUSLY CONDITION NO. 1.3.5.h OF RESOLUTION NO. 2015-102. (9) Excluded Areas. In no event shall below-grade interments be allowed on the roof of the Memorial Terrace Mausoleum building that are within 16-feet from the northern property line. Specifically, plots illustrated in sections 540 through 553, as depicted in the attached Exhibit C of Resolution No. 2015-102, are hereby eliminated. PREVIOUSLY CONDITION NO. 1.3.5.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. Resolution No. 2020- Page 22 of 38 (1 0) Mediation with Homeowners. Owners in the Vista Verde Condominium Project have made objections and claims against the City concerning the fact that the Pacific Terrace/Memorial Mausoleum is constructed at the 8 foot setback line instead of the previous setback which existed before 2007. If requested by the Vista Verde homeowners, Green Hills will undertake an appraisal to determine if there has been a loss of real estate value resulting to the homeowners from the construction of the Mausoleum and what that loss might be. Green Hills will participate in a mediation process with the Vista Verde homeowners and attempt to settle claims by such homeowners for values up to the amount of the appraisal differential, using either the existing appraisal or a new appraisal requested by the Vista Verde homeowners. City representatives will also participate in this mediation on behalf of City. If the Vista Verde homeowners refuse to participate in the mediation, or the mediation does not result in a settlement of the disputes, then Green Hills is responsible for defense of its entitlements pursuant to the indemnification provisions in Condition 33. PREVIOUSLY CONDITION NO. 40 OF RESOLUTION NO. 2015-102. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. 12.Area 13 (Administration Building): a. Expansion. The approval for the Administration Building expansion project is Revision "E" to the Green Hills Conditional Use Permit and shall be consistent with the approved plans prepared by Bolton Engineering Corp. dated April 9, 2015 (sheets C-0, C-1, ESCP, RW-1) and Anthony Frank lnferrera dated April4, 2015 (sheet A-0 only), that allows 3,323 square feet of single-story office additions, 648 square foot covered walkway extension, and 316 square foot covered entry to the Administration Building. PREVIOUSLY CONDITION NO. 1.1.a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Temporary Modular Buildings. Allow temporary modular buildings to remain on site, but be removed prior to April 22, 2017 or Building Permit Final of the expansions, whichever comes first. Any extension requests shall be reviewed by the City Council prior to April 22, 2017, pursuant to Condition No. 29. PREVIOUSLY CONDITION NO. 1.1.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. c. Parking Area. A total of 81 parking spaces shall be maintained (95 existing). PREVIOUSLY CONDITION NO. 1.1.c OF RESOLUTION NO. 2015-102 d. Grading. Conduct 325 cubic yards of grading for the following emergency access and ADA access/parking improvements: Resolution No. 2020- Page 23 of 38 ( 1) Widen the driveway (portion of Arroyo Drive) located south of the Administration Building from approximately 20 feet to 26 feet supported by a 2.5 foot tall retaining wall to accommodate emergency vehicles. (2) Widen the access and parking area to the north of the Administration Building to accommodate adequate handicap van parking and ADA access area; thereby necessitating the removal of the existing 3 foot tall retaining wall and the construction of a new replacement retaining wall measuring up to 4.45 feet in height. PREVIOUSLY CONDITION NO. 1.1.d OF RESOLUTION NO. 2015-102. e. Structure Setbacks. East: West: South: 25 feet 40 feet interior and side if abutting a residential zoning district and 2 feet if abutting a nonresidential zoning district 40 feet interior and side if abutting a residential zoning district and 25 feet if abutting a nonresidential zoning district PREVIOUSLY CONDITION NO. 1.2.a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. f. Parking. (1) Parking areas shall provide for a 25 feet outside turning radius within the facility. (2) All parking areas shall be surfaced with asphaltic or cement concrete paving which is at least 3 inches thick. (3) All parking stalls shall be clearly marked with lines, and access lanes shall be clearly defined with directional arrows to guide traffic. Except for parallel parking stalls, standard parking stalls shall be of a minimum 9 feet width by 20 feet depth in area. Parallel parking stalls shall be a minimum of 26 feet in depth. (4) Disabled parking spaces shall be in accordance with the dimensions and specifications of the state amended Uniform Building Code. (5) A minimum of 5% of the paved parking area shall be devoted to interior planting areas. All planting areas shall be at least 3 feet wide. Perimeter planting shall not be considered part of this required interior planting. (6) Wherever a center divider separates parking stalls facing each other, tree wells shall be established not more than 50 feet apart for larger trees, or not more than 30' for small and medium sized trees. PREVIOUSLY CONDITION NO. 1.2.b OF RESOLUTION NO. 2015-102. Resolution No. 2020- Page 24 of 38 g. Landscaping. (1) All plantings shall be maintained free of debris and in conformity with the accepted practices for landscape maintenance. (2) A 6 inches high cement concrete curb shall be constructed at the edge of all landscaped areas. PREVIOUSLY CONDITION NO. 1.2.c OF RESOLUTION NO. 2015-102. (3) The existing eucalyptus trees on the west side of the Administration Building parking lot shall not be removed unless required by the holder of the easement in which the trees are located or acceptable evidence is provided to the Director from a certified arborist supporting removal. PREVIOUSLY CONDITION NO. 20.a OF RESOLUTION NO. 2015-102. h. Hours. The Administration Building public hours are limited to 8:00 a.m. to 9:00 p.m. Monday through Sunday. PREVIOUSLY CONDITION NO. 17.b OF RESOLUTION NO. 2015-102. 13. Setbacks -All Other Areas Not Specified: a. Earth Interments and Roads. "Garden" burial interment sites with no above- ground structures (other than benches for seating) and roads shall be as follows: North and South: 8 feet East and West: 0 feet PREVIOUSLY CONDITION NO. 6 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Setbacks for Above Ground Structures, including but not limited to mausoleums and crypts shall be as follows: North: South: East: West: 80 feet or no closer than the northern perimeter road, whichever is greater from the north property line that is north of the maintenance yard, and 40' from the north property line. 40 feet 25 feet 5 feet PREVIOUSLY CONDITION NO. 7 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. Resolution No. 2020- Page 25 of 38 14. Noise. The property owner shall conduct its activities on site so as to not create noise nuisances to neighboring properties. Live and/or amplified music, for funeral services community events shall be limited to the duration of the service or event. No noise shall emanate from the property exceeding 65 dBA at the common property lines abutting a Residential Zoning District. The property owner shall be responsible for monitoring, preventing, and initiating timely corrective action to address any noise problems. This condition shall apply in addition to any noise ordinance and/or code amendment adopted by the City, and when there is conflicting requirements, the stricter requirement shall apply. PREVIOUSLY CONDITION NO. 9 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 15. Cemetery Liaison. The property owner shall provide abutting Homeowner Associations and any neighbors that request contact information for Green Hills Cemetery personnel that can be contacted about operational impacts, including but not limited to, excessive noise or other activities. PREVIOUSLY CONDITION NO. 11 OF RESOLUTION NO. 2015-102. 16. Security. At least one security employee shall be on duty patrolling and monitoring activities on the property for the entirety of the cemetery operation hours. Security reports shall be made available to the Neighborhood Advisory Committee at its meetings as described in Condition 17. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. 17. Green Hills Cemetery Neighborhood Advisory Committee. Green Hills shall establish a neighborhood advisory committee, consisting of two representatives and one observer from the Peninsula Verde and the Rolling Riviera homeowner's associations, as well as a representative from City Staff. The Committee shall meet at least once each calendar year, but no more than four times per calendar year during normal business hours to review any operational and neighborhood concerns. Reports on the meeting shall be provided to the City Council. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. AMENDED ON JANUARY 21, 2020 PER RESOLUTION NO. 2020-XX 18. Signage. The property owner shall install and maintain visible signage at various locations throughout the property informing visitors of the cemetery rules, including but not limited to, the prohibition of on-site consumption of alcoholic beverages, excessive noise and amplified music, and disruptive behavior. At a minimum, the Resolution No. 2020- Page 26 of 38 cemetery park rule signs shall be installed at the park cemetery entrance and in Areas 1, 2, 4, 5, 6, and 11, approved by the Director. PREVIOUSLY CONDITION NO. 10 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 18.a The property owner shall be allowed to hang an internally-illuminated sign from the primary identification sign located adjacent to South Western Avenue that shall advertise no more than four annual events and no more than two hours- of-operation changes (due to the semiannual Daylight Saving Time changes) at various times throughout the year, subject to the following: vii. The temporary sign shall be internally-illuminated with LEOs, the same as the primary identification sign. The temporary sign shall be allowed to have different text and graphics for each of the annual events and hours-of- operation change notifications, and shall measure 3 feet tall by 14 feet wide to match the width of the primary identification sign. The temporary signage shall be displayed up to 30 days in advance of each event, and shall be removed within seven days after the conclusion of each event. The four allowable events shall be: • Memorial Day Commemoration (last Monday in May) • Easter Sunrise Service (March/April) • Harvest Festival (October) • .t::_et it Snow Gays-( December) Approximately 30 days prior to the semiannual time changes, signs advertising the changes to the hours of operation detailed in Condition No. 20.b of this Resolution shall be displayed. viii. The temporary sign shall be mounted to the primary identification sign. ix. The approved LED sign shall not exceed Municipal Code requirements for outdoor lighting (RPVMC Section 17 .56.040) and shall have an automatic dimming system to control the amount of lumens emitted during the different operating times of the day and evening. The approved LED sign shall only be used during the approved park operating hours, specified in Resolution No. 2018-07. x. The events associated with the temporary sign shall comply with all conditions of approval detailed in City Council-adopted Resolution No. 2018-07. AMENDED ON JANUARY 21, 2020 PER RESOLUTION NO. 2020-XX 19. Construction: Resolution No. 2020- Page 27 of 38 a. Construction Sites. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. PREVIOUSLY CONDITION NO. 13 OF RESOLUTION NO. 2015-102. b. Trash and Debris. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but is not limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. All landscape pruning, including but not limited to grass, leaves, branches, fertilizer, etc., shall be properly stored in areas with minimal visual impact to adjacent homeowners, and shall be stored in appropriate containers and disposed of in a lawful manner. PREVIOUSLY CONDITION NO. 14 OF RESOLUTION NO. 2015-102. c. Storage of Equipment and Supplies. When not being used in the daily operations of the cemetery, equipment and supplies shall be stored in areas with minimal visual impact to adjacent homeowners or in the maintenance yard if possible. Equipment and supplies shall be neatly stacked so they do not pose a safety hazard or become a property maintenance issue. All landscaping equipment and vehicles, and all vehicles used for maintenance and/or burial preparation shall be stored in the maintenance yard. PREVIOUSLY CONDITION NO. 15 OF RESOLUTION NO. 2015-102. d. Temporary Trailers. Temporary trailers are only allowed during construction of the mausoleum buildings. The location of any such trailers shall be illustrated on plans for the Grading Permit as described and required in condition AQ-1 below, and shall be approved by the Director. Further, all trailers shall be removed prior to building/grading permit final. PREVIOUSLY CONDITION NO. 16 OF RESOLUTION NO. 2015-102. e. Employee Training. The property owner shall continue to provide for new employees, training programs on a regular basis, in accordance with Cal OSHA recommendations on the proper handling and safety requirements of equipment Resolution No. 2020- Page 28 of 38 and material in the mortuary and crematory, as well as compliance with the requirements of these conditions of approval. PREVIOUSLY CONDITION NO. 12 OF RESOLUTION NO. 2015-102. f. Easements. 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. All easements shall be identified on plans submitted to the City. PREVIOUSLY CONDITION NO. 34 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 20. Hours of Operations: a. General. This section shall govern hours of operations except for any provision concerning specific areas of the cemetery. b. Hours of Facilities. Unless otherwise specified in these conditions, hours of operation are as follows except for the following events: Easter Sunrise, Memorial Day, Let It Snow, Harvest Festival, and Shakespeare in the Park. The property owner shall provide the dates of the aforementioned events to the Director by January 1st of each year. Park Hours: ?am to 5pm -Pacific Standard Time ?am to 7pm -Pacific Daylight Time Mausoleum Hours: ?am to 4:30pm -Pacific Standard Time ?am to 6:30pm -Pacific Daylight Time AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. c. Construction Working Hours. Construction and grading activities, including but not limited to equipment warm up, geologic investigations, interments excavation for placement of vaults and installation or removal of large landscape materials or landscaping maintenance shall be limited to 7:00 a.m. to 4:00 p.m. on weekdays only. d. Construction In Proximity to Residential. Notwithstanding the foregoing, within 120 feet of any property line abutting a Residential Zoning District, no construction or grading, including grading operations to prepare sites for earth interments, shall occur before 9:00 a.m. or after 3:30 p.m. All equipment shall be equipped with a muffler to reduce on-site grading and construction noise levels. Resolution No. 2020- Page 29 of 38 )I v. vi. vii. e . Non-Construction and Burial Related Activity. Excavation for removal and replacement of vault tops and earth for preparation of interment sites, individual placement of vaults for funeral services and operation of landscape maintenance equipment shall be allowed in any area of the park between the hours of 7:00a .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 . f. The Moving VVall. (Traveling half size replica of the Vietnam Veterans Memorial). The property owner shall be allowed to have The Moving \/Vall located on the property no more than 10 calendar days per calendar year, subject to the following : The Moving VVall shall be allowed to remain on display for no more than 10 days . Security. The Moving \Nail shall be monitored 24 hours a day by security staff hired by the property owner. Any visitors •.vishing to visit the wall after the hours of operation detailed in Condition No. 2Gb shall be escorted on and off the property. Plans . At least 60 days prior to the installation of The Moving \A/all on the property, the property owner shall notify the Director of Community Development •.vhere The Moving Wall is proposed to be placed. v-Hhlighting. Any temporary lighting proposed for The Moving \Nail shall comply •.vith Mitigation Measures A 1, A 2, and A 3 as detailed in Condition No . 22. PREVIOUSLY CONDITION NO. 17 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 20.5 The Moving Wall . (Traveling half-size replica of the Vietnam Veterans Memorial). The property owner shall be allowed to have The Moving Wall located on the property no more than 10 calendar days per calendar year, subject to the following: a. The Moving Wall shall be allowed to remain on display for no more than 10 days. b. Security . The Moving Wall shall be monitored 24 -hours a day by security staff hired by the property owner. Any visitors wishing to visit the wall after the hours of operation detailed in Condition No. 20b shall be escorted on and off the property. c. Plans. At least 60 days prior to the installation of The Moving Wall on the property, the property owner shall notify the Director of Community Development where The Moving Wall is proposed to be placed. d . Lighting. Any temporary lighting proposed for The Moving Wall shall comply with Mitigation Measures A-1, A -2, and A-3 as detailed in Condition No. 22. Resolution No. 2020- Page 30 of 38 AMENDED ADDED ON JANUARY 21, 2020 PER RESOLUTION NO. 2020-XX 21. Landscaping and Irrigation. Landscaping and irrigation in all setbacks require review and approval by the Director prior to installation .-lrrigation systems shall be designed to provide adequate coverage with no over-spray, runoff, or excessive quantities of water output. Use of drip irrigation systems is required wherever possible. A low water use turf shall be used in all new lawn areas. Prior to installation, the Director shall review and approve the landscape and irrigation plan for the setback areas. All existing and future landscaping shall be properly maintained in a healthy and trimmed manner at all times. PREVIOUSLY CONDITION NOS. 18 and 24 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO . 2017-03. 22. Mitigation Monitoring . All mitigation measures contained in the approved Mitigation Monitoring Program contained in P.C. Resolution No . 2007 -32 for the Mitigated Negative Declaration, shall be incorporated into the implementation of the proposed project and adhered to . The mitigation measures are as follows: A -1: No new light poles, light standards, or other form of lighting is allowed along the roadways within the cemetery without prior written approval by the Director and shall comply with RPVDC Section 17.56 .040 (Outdoor lighting for nonresidential uses). A-2: No exterior, building -mounted lighting is allowed on the fac;ade elevations that are closest to and oriented towards residences . All other lighting shall be arranged and shielded as to prevent direct illumination of surrounding property and shall comply with RPVDC Section 17 .56.040 (Outdoor lighting for nonresidential uses). A -3: All pedestrian-oriented lights along the exterior of the mausoleum buildings shall be in the form of lights that are inset into the adjoining walls. Further, the lighting shall be arranged and/or shielded as to prevent direct illumination of surrounding property and prevent visibility of the light source and shall comply with RPVDC Section 17.56.040 (Outdoor lighting for nonresidential uses). AQ-1: Prior to construction of each building contained in the approved Master Plan, the applicant shall submit a grading plan prepared by and wet-stamped by a licensed engineer for review and approval by the Director to ensure consistency with the approved Master Plan, in accordance with Condition 2a, which shall include, but not be limited to, grading quantities, height, area and location of buildings and that the buildings will not have adverse impacts upon adjacent properties . AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AQ-2: During construction of any improvements associated with the Master Plan, the owner shall ensure that all unpaved construction areas shall be watered at least twice a day during excavation and construction to reduce dust emissions and meet Resolution No . 2020 - Page 31 of 38 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 property owner shall ensure that all clearing and earth moving will be discontinued during periods of high winds (i.e., greater than 25 mph), so as to prevent excessive amounts of dust. This shall not apply to excavations for individual burial plots prior to a service, or to filling of individual burial plots after a service. AQ-9: During the daily cemetery operations, the property owner shall ensure that on- site vehicle speeds associated with the transporting of earth materials are limited to 15 miles per hour on unpaved roads. AQ-10: The property owner shall ensure that grave spoils are placed in Area 5 and/or Area 6 of the Master Plan, which will be placed to fill the areas. A minimum 8-foot high chain link fence with a mesh material to reasonably screen the fill area from neighbors shall enclose and confine said area. AQ-11: The confined fill locations described in mitigation measure AQ-1 0 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 Resolution No. 2020- Page 32 of 38 be called in the event that dust is visible from the confined fill locations described in mitigation measure AQ-1 0 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: The Director or the City Council shall review future improvements in accordance with Condition No.2. The City Council shall review any changes to fef the Master Plan or the conditions of approval associated with the Master Plan in accordance with Condition No. 2b. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. GS-1: The property owner shall submit a geotechnical report for review and approval by the City Geologist prior to the issuance of a building permit for each mausoleum building or grading permit for any earth movement beyond that associated with ground interment sites, unless the City Geologist deems that a geotechnical report is not warranted. Further, prior to any additional placement of fill in Area 5, a detailed grading plan with relevant geotechnical reports supporting recommendations for grading in Areas 5 and 6 shall be submitted by the applicant to the City for review and approval by the Building and Safety Division and the City Geologist prior to issuance of a building permit for any mausoleum. GS-2: The property owner shall ensure that all applicable conditions as specified within the geotechnical report and all measures required by the City Geologist are incorporated into the project. HW-1: The property owner shall prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) along with a Maintenance Agreement and Transfer. The SUSMP and related information shall be reviewed and approved by the Director, or his/her designee prior to the issuance of grading and building permits for any mausoleum building. N-1: Construction activity of the mausoleum buildings and grading operations shall be limited to the hours of 7:00 am and 4:00 pm, Monday through Friday. There shall be no construction on Saturdays, Sundays or federally observed holidays unless a Special Construction Permit is obtained 48 hours prior to work on a federally observed holiday. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. N-2: During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 am Monday through Friday and before 9:00 am on Saturday, in accordance with the Resolution No. 2020- Page 33 of 38 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: The City Council shall conduct an annual review or as deemed necessary by the City Council to review the property owner's compliance with all conditions of approval associated with the Master Plan. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500-'-foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80. 090. PREVIOUSLY CONDITION NO. 5 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 23. Sewer and Water Facilities. The site shall be served by adequately sized water system facilities as determined by the Los Angeles County Fire Department. All Los Angeles County Fire Department requirements shall be satisfied prior to building permit issuance for mausoleum buildings. Any new sewer and water facilities must tie into local main lines. The usage of the site may be limited by the size and type of sewage and water systems that can legally be installed PREVIOUSLY CONDITION NO. 26 OF RESOLUTION NO. 2015-102. 24. Compliance With Authorities. Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the site. On an annual basis, the property owner shall provide the City with copies of permits from the South Coast Air Quality Management District and Los Angeles County Fire Prevention Bureau for storage of fuel. The property owner shall also provide copies of permits from the Los Angeles County Fire Department, Hazardous Maintenance Division Section and Fire Prevention Bureau, for the chemicals stored in the embalming rooms in the Administration Building. Permits from the South Coast Air Quality Management District for the crematory must also be provided. PREVIOUSLY CONDITION NO. 31 OF RESOLUTION NO. 2015-102. 25. State Permits. On an annual basis, the property owner shall provide the City with copies of current and valid permits and/or licenses from the State Cemetery and Funeral Board. PREVIOUSLY CONDITION NO. 32 OF RESOLUTION NO. 2015-102. Resolution No. 2020- Page 34 of 38 26. Encroachment Permits. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the property owner shall obtain an encroachment permit from the Director of Public Works. PREVIOUSLY CONDITION NO. 33 OF RESOLUTION NO. 2015-102. 27. No Waiver of Law. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. PREVIOUSLY CONDITION NO. 35 OF RESOLUTION NO. 2015-102. 28. Conflict of Law. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the Cemetery development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. PREVIOUSLY CONDITION NO. 36 OF RESOLUTION NO. 2015-102. 29. Enforcement. a. Revocation. Should the property owner_fail to comply with any of these conditions of approval or mitigation measures, after written notice to applicant and the opportunity to cure, the City may initiate revocation procedures for this permit, which shall include a public hearing. Notice of said public hearing shall be published and provided to owners of property within a 500 foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. b. Administrative Citation. In addition to Condition No. 33.a, the property owner may be subject to administrative citations as described in Section 1.16 of the City's Municipal Code for failing to comply with all of these conditions of approval. PREVIOUSLY CONDITION NO. 37 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 30. Submission Property Line Survey Maps. Within 30 days from November 17, 2015, the property owner submitted a certified property line survey to the Director verifying that the existing above ground interments and structures do not exceed 6-feet in Resolution No. 2020- Page 35 of 38 height outside of the required 5 foot setback along the west property line in the area south of the Pacifica Mausoleum building (Area 1 ). PREVIOUSLY CONDITION NO. 38 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 31. Recordation of Final Maps. The property owner shall submit any map to the Director to be recorded at least 30-days prior to recording of said map with the Los Angeles County Recorder's Office. No later than 30 days after recordation, the property owner shall submit a recorded copy to the Director. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 32. Fees and Costs. Except as otherwise specified, the property owner is responsible for all costs complying with the provisions of the Master Plan and of this Conditional Use Permit. The property owner shall be required to pay 110% of the estimated amount of the cost of services to be provided on behalf of the City by any outside consultants that have been retained by the City to render services specifically in connection this project, in the form of a trust deposit account (or reimbursement agreement or other instrument approved by the City Attorney), prior to commencement of such services (e.g. City Attorney, City Engineer, Geotechnical Consultants, Noise Consultants, etc.). The property owner shall adequately fund the trust deposit account prior to the commencement of services, in amounts reasonably requested by the City, based upon an estimate of the cost of services for the period of at least 90 days for which services are rendered. In addition, the trust deposit account shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. PREVIOUSLY CONDITION NO. 39 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. 33. Defense of Claims Against Project. a. Non-Liability of City. The Parties acknowledge that: (i) In the future there may be challenges to legality, validity and adequacy of the Project approvals; and (ii) If successful, such challenges could delay or prevent the ongoing use of the Project as provided herein. In addition to the other provisions of the CUP, including, without limitation, the provisions of this Section, City shall have no liability under the CUP for the inability of property owner to develop the Property as contemplated by the Master Plan or the CUP as the result of a judicial determination that the General Plan, Master Plan, the Land Use Regulations, the CUP, or portions thereof, are invalid or inadequate or not in compliance with law. b. Revision of Land Use Restrictions. If for any reason the General Plan, Master Plan, Land Use Regulations, this CUP or any part thereof of the property approvals is hereafter judicially determined as provided above to be not in compliance with the Resolution No. 2020- Page 36 of 38 State or Federal Constitutions, laws or regulations and if such noncompliance can be cured by an appropriate amendment thereof otherwise conforming to the provisions of this CUP, then the CUP shall remain in full force and effect to the extent permitted by law. The Master Plan and this CUP shall be amended, as necessary, in order to comply with such judicial decision. c. Scope of Indemnification. The property owner shall agree to defend, indemnify and hold harmless, the City, its agents, officers and employees from any claim, action or proceeding against the City and the application will either undertake defense of the matter and pay the City's associated legal costs, or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the property owner of any such claim, action or proceeding or fails to cooperate fully in the defense, the property owner shall not, thereafter, be responsible to defend, indemnify or hold harmless the City. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the property owner's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of indemnification rights herein, providing, however, that the adverse judgment or failure to appeal is not due to the City's failure to promptly notify Applicant or to cooperate fully in the defense. The foregoing includes, but is not limited to, any and all claim(s), causes of action or lawsuit(s) brought by the Claimants, by their homeowners' association or by anyone else on their behalf. d. Limitation of Indemnity. Notwithstanding the generality of the above, for purposes of the current claims by the Vista Verde homeowners concerning the Mausoleum, the City shall bear its own legal defense costs, but this restriction shall not apply to future matters. e. Hold Harmless: Construction and Other Activities. The property owner hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys' fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Green Hills or Green Hills' agents, contractors, subcontractors, agents, or employees' operations under the CUP, whether such operations be by the property owner or by any of the property owner's agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for the property owner or any of the property owner's agents, contractors or subcontractors. Nothing herein is intended to make the property owner liable for intentional wrongful and/or reckless acts of City's officers, employees, agents, contractors or subcontractors. f. Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement or CUP for any reason other than City's default. Resolution No. 2020- Page 37 of 38 PREVIOUSLY CONDITION NO. 41 OF RESOLUTION NO. 2015-102. 34.Applicant Acceptance of Conditions. The property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval, and subsequent amendments to the conditions of Approval. Failure to provide said written statement within thirty (30) days following the date of this approval and subsequent amendments to the conditions of Approval shall render this approval null and void. PREVIOUSLY CONDITION NO. 4 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. Resolution No. 2020- Page 38 of 38 From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Late correspondence Amy Seeraty Wednesday, January 15, 2020 10:05 PM CityCierk FW: Concerns About Green Hills Memorial Park Conditional Use Permit Concerns from Resident Adjoining Green Hills Memorial Park.docx; GreenHills201807GHCUPWCORRECTIONSNOTED.pdf Follow up Flagged From: Christa Nuber [mailto:csnuber@yahoo.com] Sent: Tuesday, January 14, 2020 6:21 PM To: Amy Seeraty <AmyS@rpvca.gov> Subject: Concerns About Green Hills Memorial Park Conditional Use Permit Dear Ms. Seeraty, Hello. I am a new resident at Vista Verde in Lomita adjacent to the north side of Green Hills Memorial Park, and I have not been receiving any notices from/about GH. My neighbor has given me a copy of a notice she received about the upcoming Annual Compliance Review of Conditional Use Permit No. 55 for the Green Hills Memorial Park (Case No. PLCU2019-0016). The notice says we can submit written concerns and comments to you before the Public Hearing on January 21, 2020. I have experienced many disruptions from activities at GH since moving into my new residence at Vista Verde in January 2019 -- disruptions I never would have anticipated from a cemetery! I mistakenly thought the cemetery would provide a peaceful environment. Unfortunately, this has not turned out to be the case at all. Therefore, I thank you for the opportunity to raise these concerns in writing for consideration by the City Council of RPV. My comments and proposed modifications to the Green Hills Resolution are attached to this email. I have not included my personal information in the attached comments so that you may share them publicly. I have also attached the Green Hills document so that you can reference my proposed modifications to certain items therein-- specifically to Area 11, Pacific Terrace/Memorial Terrace Mausoleum. Thanks in advance for your time and consideration of my concerns. Please feel free to follow up with me for clarification on any of the points I've raised in my written comments. Sincerely, Christa S. Nuber Resident, Vista Verde HOA Secretary, Vista Verde Homeowners Association csnuber@yahoo.com (310) 684-1779 1 I. NOTICE FROM A RESIDENT OF THE PROPERTY ADJOINING GREEN HILLS MEMORIAL PARK FOR CONSIDERATION BY THE CITY COUNCIL DURING THE ANNUAL COMPLIANCE REVIEW OF CONDITIONAL USE PERMIT FOR GREEN HILLS JANUARY 21, 2020 I respectfully request the City Council to consider modifying conditions of approval to AREA 11, the PACIFIC TERRACE/MEMORIAL TERRACE MAUSOLEUM (on the north boundary) of the Green Hills Memorial Park Master Plan and its Amendments based on evidence presented herein. The Vista Verde Condominium property directly adjoins the Pacific Terrace/Memorial Terrace Mausoleum in Area 11 of Green Hills Memorial Park. In fact, this mausoleum towers over the swimming pool area, and the rooftop interment area is in full view of the 25 units at Vista Verde. Since moving to our condominium at Vista Verde in January 2019, we have found the frequent interments on the mausoleum rooftop and the behavior of mourners visiting the rooftop very disruptive to our quality of life at Vista Verde. Even moderate noise echoes into our homes because our building is positioned on a steep hill rising above the mausoleum rooftop, causing an "amphitheater effect"-all sounds on the rooftop "stage" are projected with full reverberation . Activities on the rooftop are noisy. We have observed rooftop visitors completely disregarding Green Hill's Code of Conduct, and we have learned that Green Hills does not enforce its rules and codes of conduct . Their "Code of Conduct" signs are not clearly posted at all entries to the area or on enough guardrails so visitors can clearly see them. Due to frequent disruptions from these visitors and GH activities on the rooftop, the living environment at Vista Verde is significantly diminished, and we request the City Council to consider modifying several existing conditions at Area 11, as follows: Pg. 11-12 of 28, item 11. Area 11 (Pacific Terrace/Memorial Terrace Mausoleum): Modify & Enhance Signage for Visitors to Rooftop to Manage Disruptive Behaviors 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. Additionally, Green Hills will add additional signage on all stairs to rooftop and along south and eastern (rear) guardrails on rooftop in both English and Spanish to ensure mourners/visitors follow the Code of Conduct, Polite Notice and Alcohol Prohibited notices to be respectful of adjoining neighbors. The additional signs forbid smoking, use of alcohol, live music, amplified music, shouting, running, play activities (i.e., ball games.), use of barbeque equipment, leaning on guardrails, or making comments to neighbors in the pool area. Pg. 12-14 of 28, item 11. Area 11 (Pacific Terrace/Memorial Terrace Mausoleum): Modify Hours of Activity on Rooftop to Manage Frequency of Disruptions. The current hours of 10:00 am to 3:00pm, 7 days/week as listed in the document prohibit residents from using the adjoining swimming pool during warm daylight hours, particularly on weekends when most residents would reasonably expect to use their pool. As a result, residents are restricted to using their pool in late afternoons only on any given day, which is not optimal. Please modify rooftop activity hours listed in items h. (1} through (9} to 10:00 am to 1:00pm, Monday through Saturday ONLY. This timeframe would allow residents to use their swimming pool during warmer daylight hours, with at least one day per week that is free of scheduled funerals. (see below) PREVIOUSLY CONDITION NO. 1.3.e OF RESOLUTION NO. 2015 -102. h. Rooftop Interments. The following conditions are applicable to all interments on the roof of the Pacific Terrace/Memorial Terrace Mausoleum Building. PREVIOUSLY CONDITION NO. 1.3.5 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (1) Pre and Post Service. Pre-service interment preparation and post-service plot backfilling of the rooftop earth interments on the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 1:00 p.m. ~:00 p.m., Monday through Saturday Sunday (See Condition 17). (2) Hours. Burials and all associated services on the roof top earth interments of the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 1:00 p.m., ~:00 p.m., Monday through Saturday S~o~nday. Please apply these modifications to items (1} through (9). Generally, I implore the City Council to be conservative about expanding the current visitor hours, hours of operation or types of activities permitted at Green Hills Memorial Park that might represent potential for further disruption to surrounding homes. Currently, adjoining residents breathe a collective sigh of relief when the GH has closed for the day and the noise and activities finally subside. Contrary to any preconceived notions you might have of a cemetery as a quiet and tranquil place, make no mistake, Green Hills is the antithesis of this. Thank you for your consideration of these proposed modifications, which I believe will help to improve the living environment for residents at Vista Verde now and in the years to come. RESOLUTION NO. 2018-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REVISING THE CONDITIONS OF APPROVAL OF THE GREEN HILLS MEMORIAL PARK MASTER PLAN, CONDITIONAL USE PERMIT NO. 155, FOR PROPERTY LOCATED AT 27501 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK). WHEREAS, on April24, 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 Conditional Use Permit No. 155 for 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 allowed grading and mausoleum buildings to be constructed at various specified locations throughout Green Hills cemetery; and, WHEREAS, on November 25, 2008, the Planning Commission conducted an annual review and adopted P.C. Resolution No. 2008-47, approving a revision to the Master Plan at Green Hills cemetery; and, WHEREAS, on February 25, 2014, following complaints by the Vista Verde Condominium Association regarding the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, the Planning Commission conducted an annual review of Conditional Use Permit No. 155 and tentatively agreed to impose a 90-day moratorium on all ground burials and interments on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum while Staff identified new or revised conditions to address specific noise, visual, and privacy impacts identified by the Planning Commission based on public testimony, and continued the public hearing to March 11, 2014; and, WHEREAS, on March 11, 2014, the Planning Commission continued the public hearing to April 22, 2014, and again on May 13, 2014, August 12, 2014, and August 26, 2014 to allow Green Hills and the Vista Verde Condominium Association to continue their discussions regarding the existing Pacific Terrace/Memorial Terrace Mausoleum; and, WHEREAS, on October 28, 2014, the Planning Commission conducted a public hearing and unanimously agreed to impose specific operational conditions on Green Hills to minimize impacts from burial activity involving the Pacific Terrace/Memorial Terrace Mausoleum and continued the public hearing to November 11, 2014; and, WHEREAS, on November 11, 2014, the Planning Commission adopted P.C. Resolution No. 2014-29, imposing a moratorium on future burials and sales of burial plots on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building located in Area 11 of the Master Plan; a moratorium on above-ground burials within the 5' setback area along the western property line in the area south of the Pacifica Mausoleum building; directing Green Hills to submit a Variance application within 30-days to allow specific structures/interments that are located in setbacks to remain and imposing new conditions on the cemetery to avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11 of the Green Hills Master Plan; and, WHEREAS, on November 25, 2014, Ellen Berkowitz of Gresham, Savage Nolan & Tilden filed an appeal of the Planning Commission's decision to the City Council on behalf of Green Hills Memorial Park, seeking to overturn the entirety of the Planning Commission's decision; and, WHEREAS, on January 20, 2015, the City Council continued the public hearing, then again on September 1, 2015 and September 15, 2015, directing Staff to prepare a resolution upholding the Planning Commission's action; and, WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-102, upholding in part and modifying in part the Planning Commission's decision approving the compliance review for the Green Hills Cemetery and allowing the mausoleum building in Area 11 to remain in accordance with its 2007 approvals and permits and revising certain conditions of approval, and amending the Green Hills Cemetery Master Plan; and, WHEREAS, no Annual Compliance Review was conducted for 2015 since the 2014 Annual Review commenced on February 25, 2014 and extended through November 17, 2015; and, WHEREAS, on January 31, 2017, the City Council conducted a 2016 annual review and adopted Resolution No. 2017-03, approving revisions to the Conditions of Approval as part of the 2016 Annual Review for the Green Hills Conditional Use Permit; and, WHEREAS, Condition of Approval No. 22(N-2) of Resolution No. 2017-03 affords the City Council the ability to conduct an annual review and add, delete, or modify the conditions of approval as deemed necessary and appropriate; and, WHEREAS, on January 18, 2018, a public notice of the Annual Review was mailed to owners of property within a 500' radius of the subject site, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Code Section 17.80.090, and published in the Palos Verdes Peninsula News pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, the City Council held a duly noticed public hearing on February 6, 2018, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: CEOA Findings. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"}, the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. Resolution No. 2018-07 Page 2 of 9 seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), this decision by the City Council (i) constitutes minor modification to the existing Conditions of Approval of the Green Hills Master Plan Conditional Use Permit to reduce the impacts of the operations on adjacent properties; and (ii) will not have a significant effect on the environment. Therefore, this decision is not subject to CEQA pursuant to California Code of Regulations Sections 15601(b)(2), 15301, and 15061(b)(3). Section 2: Municipal Code Findings for Granting ComplianceJ3e.view ao(j Modifications to Conditions. This is a de novo hearing where the City Council has considered the evidence before it. The City Cou neil finds that this use dates back to 1948 and was annexed to the City in 1984 with the original Master Plan approved in 1991, revised Master Plan approved in 2007 and which has been updated from time to time, an Annual Review commenced in 2014 was approved with modified conditions in 2015; and an Annual Review approved with modified conditions in 2017. There is no expansion of the use beyond the Revised Master Plan, and additional conditions have been imposed to minimize impacts to surrounding properties and protect community health, safety, and general welfare. The changes to the conditions being proposed do not affect the validity of the findings made in C. C. Resolution No. 2017-03. Accordingly the Council finds: A. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. To wit: Green Hills Memorial Park's entrance is located at 27501 Western Avenue in the northeast corner of the City, bordering the City of Lomita, the City of Rolling Hills Estates, and the City of Los Angeles. The property is approximately 121 acres in size, and is a privately owned and operated cemetery facility. Approximately 1,800 burials occur annually at the cemetery. The site is, therefore, of a size and shape that allows its use as a cemetery facility, including all required setbacks, landscaping and other features. The entrance is sufficient to accommodate traffic into and out of the cemetery. The cemetery abuts residential properties to the north and south, a church complex and reservoir land to the west, and residential and undeveloped land to the east (site of the proposed Highpark residential development), across Western Avenue. The use of the property is thus consistent with surrounding uses and the adjacent neighborhood as a low-density development. B. That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. To wit: Green Hills Memorial Park has been in existence at this location since 1948. Its main entrance is located on Western Avenue, a major thoroughfare that accommodates the amount of vehicular traffic to and from the cemetery. The proposed changes to the conditions will not negatively affect the traffic on Western Avenue. Resolution No. 2018-07 Page 3 of 9 The cemetery has an additional access road off Palos Verdes Drive North that leads to the cemetery's maintenance yard, which alleviates potential construction vehicle traffic congestion at the entrance on Western Avenue. C. That, in approving the subject use at the specific location, there will be no significant adverse effects on adjacent property or the permitted use thereof. To wit: The conditions imposed m1n1m1ze impacts on neighboring properties. Conditions address, among other issues: parking, grading, noise, landscaping, setbacks, mitigation monitoring, Master Plan compliance reviews, dust, emissions by construction vehicles and equipment, construction, dirt storage, lighting, employee training and complaints, trash and debris, storage of equipment and supplies, fences, signage, and storm water mitigation. This is further described in Finding E below. D. That the proposed use is not contrary to the general plan. To wit: Green Hills Memorial Park is consistent with the General Plan's Cemetery zoning designation of the site, and with the types of land uses permitted within the Development Code's Cemetery land use designation. Further, the site will also continue to have an open space ambience due to the size of the site and the location, proximity, architectural design, color, and other improvements associated with the mausoleum buildings and the Master Plan Revision. E. That conditions regarding any of the requirements listed in this Section, which the City Council finds to be necessary to protect the health, safety, and general welfare, have been imposed. To wit: a. Setbacks and buffers; b. Fences or walls; c. Lighting; d. Vehicular ingress and egress; e. Noise, vibration, odors and similar emissions; f. Landscaping; g. Maintenance of structures, grounds, or signs; h. Service roads or alleys; and i. Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. The Annual Review, to gauge the effectiveness of the conditions of approval, led to proposed modifications to further clarify the intent of certain conditions and correct text errors. Section 4: Compliance Review. Pursuant to Condition of Approval No. 22.N-3 contained in Resolution No. 2017-03, which states that: "The City Council shall conduct an annual review or as deemed necessary by the City Council to review the properly owner's compliance with all conditions of approval associated with the Master Plan. At Resolution No. 2018-07 Page 4 of 9 that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of properly within a 500! foot radius, to persons requesting notice, to all affected homeowners associations, and to the properly owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090". This annual review considers the approved amendments to the Master Plan's Conditions of Approval and the City Council has the ability to add, delete, or modify the conditions of approval as deemed necessary and appropriate. Accordingly, the conditions of approval that are approved by this Resolution, which are attached hereto as Exhibit 'A' and incorporated herein by this reference, are hereby added to the Green Hills Master Plan. Section 5: Modification of Conditions. Attached hereto as Exhibit 'A' are conditions governing this use, both existing and modified conditions, all incorporated herein. As set forth above, this determination includes revising existing conditions of approval of the Green Hills Master Plan to address the visual, privacy, and noise impacts associated with the operations of the cemetery along the adjacent residential tracts along the north and south property lines. The amendments to the conditions are summarized and shown below: A Conditions 1 e, 1 h, and 8b are revised allowing Green Hills the ability to install private garden and estate walls, monuments, and statues up to 3' in height in Area 4, consistent with what is allowed in other areas of the cemetery. Area 4 is the burial area that abuts the north property line, adjacent to Peninsula Verde. Structures in the 8' setback area will continue to be prohibited. (Condition 1 e) Earth Interments. Earth interments are permitted throughout the cemetery including-f:family estates, afe-affi.e-per-m4tted,which are commonly iflel~enclosedtlfeS, with low garden walls, as allowed in Condition No. 1 h. up --to -36·-inches--in-overal~t,as-rneasttreEi-fmm-aejaeeflt--{Jraee-af'lG elabe-Fate---heaestones--8J')-te-6-fee:t-in-he4ght,-Above-gro~::~ne-strt~stu.res are allewee tB-GOntaiR.iflterments-anEller-Aiches. Above-gF9l:IREi-strBsttf.res-inc~u~-oot lim#e€1-te,gar-tien-waHs-a~gml:IHEi-heaElsto~weEi-in requiree-setbaek-areas~ (Condition 1 h) Minor Cemetery Improvements. Minor cemetery improvements, including but not limited to, water features, garden walls, bench memorials, gardens, upright memorial features, statues, stone features (including stone landscaping features), cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges, cremation benches, outer interment containers and above ground vaults, and similar features up to 36 inches 3 feet in height and headstones up to 6 feet in height ootsiee-e-f-the-r-eEtl:l~feEi struc~ and Area 4 shall be permitted throughout the cemetery and exempt from Condition No. 2, except for the required setback areas. In Area 4, headstones above 3 feet are prohibited and cemetery improvements shall not contain interments and/or niches. (Condition 8b) Structures. Except as provided in Condition No. 8d, N-no above ground structures are permitted within the 8 foot setback from the north property Resolution No. 2018-07 Page 5 of 9 line, including but not limited to, garden walls for family estate interments, or other built-up structures. For areas outside of the 8 foot setback, minor cemetery improvements are permitted as provided in Condition 1 h. B. Condition 8a is amended to clarify the type of engineer who will be preparing a grading plan. (Condition 8a) Grading. Prior to grading operations for new earth interments areas, the property owner shall submit a grading plan, prepared by and wet-stamped by a licensed civil engineer. The existing grade elevation shall not be raised without prior approval by the Director, pursuant to Condition No. 2a. C. Condition 8d is amended to reflect the agreement between Green Hills and the Peninsula Verde HOA of the material, length, and location of perimeter fence to be installed along the north property line. (Condition 8d) Perimeter Fence or Wall. An 8 foot tall freestandin§-soHd-fefH:>e--Bf wa~-vinyl fence shall be installed along the north property line abutting the rear yards of the residential properties on Peninsula Verde Drive. The fence shall be earth-tone in color, approximately 1,150 feet long, and shall be set back at least 2 feet from the north property line. Notwithstanding existing encroachments by the abutting residents, the property owner shall be responsible for installing athe perimeter fence or 'Nail by January June 1, 2018, subject to Condition No. 2a. D. Condition 9b is amended for consistency with mitigation measures AQ-11 and AQ-12. (Condition 9b) Excess Material/Stockpiling in Area 6. Excess earth material resulting from interment sites, ground spoils, construction, or site grading, shall be permitted to be stored/stockpiled. No later than May 5, 2017, the property owner shall develop a plan for review and approval by the Director that mitigates the unsightly aesthetic conditions related to the stockpiling, storage of materials, and trash through improved screening and dust control measures. The plan shall include time frames for installing and maintaining the screening and dust control measures. Area 6 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. A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to Area 6 and a phone number(s) to be called in the event that dust is visible from Area 6, shall be posted and displayed on the fencing. E. Condition 9f is amended to clarify the location of future landscaping along the south property line. (Condition 9f) Landscape Screening. Landscaping shall be planted within 8' of the future south perimeter wall on the cemetery side prior to the completion of the future roadway (refer to Condition ~ 4-4-g abeve) for screening purposes. Resolution No. 2018-07 Page 6 of 9 Landscaping shall measure at least 8 feet in height from adjacent grade. Neither the existing nor proposed landscaping shall significantly impair any near or far view as defined by the Development Code. The property owner shall be responsible for continuous maintenance of this landscaping. F. Condition 9g is amended to require traffic calming methods at the time the future road along the south property line is considered. (Condition 9g) Road. The future road extension that parallels the south property line shall be completed prior to the City issuing a final occupancy permit for any building in Area 6. The future road extension that parallels the south property line shall be setback a minimum of 8 feet from the future wall to provide a landscape buffer as required in Condition No. 9f. Prior to construction, the future road shall include traffic calming measures as deemed acceptable to the Director of Community Development. G. Conditions 11 h(9) and 11 h(1 0) are amended to correct text errors. (Condition 11 h(9)) Excluded Areas. In no event shall below-grade interments be allowed on the roof of the Memorial Terrace Mausoleum building that are within 16-feet from the northern property line. Specifically, plots illustrated in sections 540 through 553, as depicted in the attached Exhibit C of this-Resolution No. 2015- 102, are hereby eliminated. (Condition 11 h(1 0)) Mediation with Homeowners. Owners in the Vista Verde Condominium Project have made objections and claims against the City concerning the fact that the Pacific Terrace/Memorial Mausoleum is constructed at the 8 foot setback line instead of the previous setback which existed before 2007. If requested by the Vista Verde homeowners, Green Hills will undertake an appraisal to determine if there has been a loss of real estate value resulting to the homeowners from the construction of the Mausoleum and what that loss might be. Green Hills will participate in a mediation process with the Vista Verde homeowners and attempt to settle claims by such homeowners for values up to the amount of the appraisal differential, using either the existing appraisal or a new appraisal requested by the Vista Verde homeowners. City representatives will also participate in this mediation on behalf of City. If the Vista Verde homeowners refuse to participate in the mediation, or the mediation does not result in a settlement of the disputes, then Green Hills is responsible for defense of its entitlements pursuant to the indemnification provisions in Condition ~ 33. H. The hours of operation correspond with the change from daylight saving time to standard time. However, as these months and times only roughly correspond to the change in time, Condition 20b is amended to simply state "Pacific Standard Time" and "Pacific Daylight Time" rather than specifying certain months of the year. Park hours are also extended by a half hour during Pacific Daylight Time as it remains relatively light until past 7:00p.m. and many of Green Hills' visitors have expressed disappointment in leaving the park well before dusk. Resolution No. 2018-07 Page 7 of 9 (Condition 20b) Hours of Facilities. Unless otherwise specified in these conditions, hours of operation are as follows except for the following events: Easter Sunrise, Memorial Day, Let It Snow, Harvest Festival, and Shakespeare in the Park. The property owner shall provide the dates of the aforementioned events to the Director by January 1st of each year. Park Hours: ?am to 5pm -Nevel-nbef-tfH:sugA-Mar-eA-Pacific Standard Time ?am to e.;wzpm -Aflfif-~~bef-Pacific Daylight Time Mausoleum Hours: ?am to 4:30pm -Nevetllbef-tA-roHgh-Mar-eh-Pacific Standard Time ?am to e7G-G6:30pm -AFlfil-tll-reugh-Gste9er---Pacific Daylight Time I. Green Hills is required to submit a statement accepting all conditions of approval after each City Council approval, whether it's for a revision or an annual review. Condition 34 is amended for clarification purposes and to omit the outdated approval date. (Condition 34) Applicant Acceptance of Conditions. The property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval, and subsequent amendments to the conditions of Approval. Failure to provide said written statement within thirty (30) days following the date of this approval and subsequent amendments to the conditions of Approvai-(January 31-,2G47-) shall render this approval null and void. J. Condition 16 is amended to protect the confidential information of visitors at Green Hills. (Condition 16) Security. At least one security employee shall be on duty patrolling and monitoring activities on the property for the entirety of the cemetery operation hours.:_..Semi-annual-·Security reports shall be submitted to the Director and FepoFtOO--te-tt-le-G+t.y-Gooool-ffi-the-Weekly Adm+nistr.atwe-Report-made avai Ia ble to the Neighborhood Advisory Committee at its meetings as described in Condition 17. K. Condition 17 is amended to allow for an additional observer from each Homeowner's Associations. (Condition 17) Green Hills Cemetery Neighborhood Advisory Committee. Green Hills shall establish a neighborhood advisory committee, consisting of two representatives and one observer from the Peninsula Verde and the Rolling Riviera Homeowner's Associations, as well as a representative from City Staff. The Committee shall meet at least once every quarter during normal business hours to review any operational and neighborhood concerns. Reports on the meeting shall be provided to the City Council. Resolution No. 2018-07 Page 8 of 9 Section 6: Approval of Annual Review and Modifications to Conditions. For the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings in this matter, and pursuant to Condition of Approval No. 22 .N-3 contained in Resolution No . 2017 -03, the City Council of the City of Rancho Palos Verdes hereby adds to the Green Hills Cemetery Master Plan Conditional Use Permit , the conditions that are set forth within the attached Exhibit 'A,' which is incorporated herein by this reference . Section 7: Judicial Review . The time within which judicial review of the decision reflected in this Resolution must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or other applicable short periods of limitation . PASSED, APPROVED AND ADOPTED this 61h day of February 2018 . ATTEST : Is/ Emily Colborn City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) /s/ Susan Brooks Mayor I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No . 2018-07 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof h n February 6 , 2018 . Resolution No. 2018-07 Page 9 of 9 RESOLUTION NO. 2018-07 EXHIBIT 'A' CONDITIONS OF APPROVAL GREEN HILLS CEMETERY MASTER PLAN 27501 WESTERN AVENUE 1. General; Consistency Master Plan: This approval is a Revision to the Green Hills Master Plan, and shall be consistent with the "Master Plan Amendment Submittal Package" booklet dated January 29, 2007, prepared by J. Stuart Todd Inc., which allows the following: a. Grading Between 1991-2004. Acknowledgment that the actual quantity of grading that has been conducted between 1991 through 2004, which is 288,814 cubic yards (cut and fill), is 89,475 cubic yards more than originally approved by the original Master Plan approved in 1991 through City Council Resolution No. 91-7; b. Additional Grading. Allow a total of 643,259 cubic yards of additional grading, which includes 97,964 cubic yards of import for all the various proposed mausoleum buildings, and all cut and fill associated with earth interments, including rooftop interments, throughout the cemetery site for the life of the Master Plan. Since the applicant has previously performed grading in excess of the provisions of the Master Plan, a topographic baseline survey prepared by Bolton Engineering Corp. showing all existing grades was accepted as the baseline topographic plan by the Director on April 12, 2016. All future grading will be measured against the City-accepted baseline topographic survey. For Area 6, any future grading will be measured against plans titled "Existing Conditions", prepared by Bolton Engineering Corp. showing all existing grades and stamped approved by City Staff on October 17, 2011. Prior to any Grading Permit final, the applicant shall submit an as-built topographical survey prepared and wet-stamped by a licensed engineer depicting the finished grades. The imported fill material will be conducted in phases as each mausoleum building is constructed over an extended period of time over the next 30-to 50-years, as allowed herein. PREVIOUSLY CONDITION 1.b and 1.b.v OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. c. Storage of Excavations. Temporary storage (up to 72-hours) of Interments excavations is allowed provided that such excavation is covered or stored within an appropriate container. PREVIOUSLY CONDITION 1.g OF RESOLUTION NO. 2015-102. d. Slope Grades Maximum. Finish slopes and grades shall not exceed 3:1 and shall include the installation of erosion control methods, such as jute netting and plant material. Resolution No. 2018-07 Exhibit A Page 1 of 28 PREVIOUSLY CONDITION 25 OF RESOLUTION NO. 2015-102. e. Earth Interments. Earth interments are permitted throughout the cemetery including family estates, which are commonly enclosed with low garden walls, as allowed in Condition No. 1 h. PREVIOUSLY CONDITION 1 g PER RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. f. Rooftop Interments. Rooftop interments shall be subject to City Council review as described in Condition No. 2b. Except as may otherwise be permitted by City Council, there shall be no above ground structures, including but not limited to, garden walls and above-ground headstones on the rooftop. Guardrails, pilasters and/or parapet walls approved as part of the building and benches up to 36-inches in height are permitted on the rooftop. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. g. Additional Interment Areas. Mausoleum building and garden areas shall be permitted to be retrofitted to accommodate niches and vaults throughout the property. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. h. Minor CemeterY Improvements. Minor cemetery improvements, including but not limited to, water features, garden walls, bench memorials, gardens, upright memorial features, statues, stone features (including stone landscaping features), cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges, cremation benches, outer interment containers and above ground vaults, and similar features up to 3 feet in height and headstones up to 6 feet in height shall be permitted throughout the cemetery and exempt from Condition No. 2, except for the required setback areas. In Area 4, headstones above 3 feet are prohibited and cemetery improvements shall not contain interments and/or niches. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. i. Inconsistency of Conditions. Below are specific conditions for individual areas (Areas 1-13). In the event of any inconsistencies between the general provisions of this Conditional Use Permit and the individual areas, the conditions of the individual areas (Areas 1-13) shall supersede any other conditions that govern other areas of the Green Hills property. j. Soils Testing. The property owner shall submit a soils testing protocol report appropriate for the cemetery that shall be reported to the City Council prior to the 2017 Annual Review to determine if soil testing should be conducted. Resolution No. 2018-07 Exhibit A Page 2 of 28 2. Review of Future Improvements: Future improvements shall be in substantial compliance with the Master Plan Revision approved by the Planning Commission on April 24, 2007 and July 22, 2014, and the City Council on November 17, 2015, as indicated in these conditions of approval and will be reviewed by the Director of Community Development ("Director") under Condition No. 2a or the City Council under Condition No. 2b, as described below. a. Director Review. Unless the Director refers the application directly to the City Council as described below, the following improvements may be reviewed by the Director through a Site Plan Review, subject to appeal to the Planning Commission (or thereafter to the City Council): (1) Minor Modifications. Minor modifications to the approved plans or any of the conditions that will achieve substantially the same results as would strict compliance with such plans and conditions. (2) Small Buildings. Except for mausoleums or unless otherwise addressed herein, all other structures less than 120 square feet in size, including but not limited to gazebos and shade structures, not exceeding 16 feet in height located outside of the required setbacks, not on an extreme slope (35% or more), and not on the roof of a mausoleum building. PREVIOUSLY CONDITION NO. 1.i OF RESOLUTION NO. 2015-102. (3) Cemetery Related Features. Customary cemetery-related features over 36 inches in height, including but not limited to, water features, garden walls, bench memorials, gardens, upright memorial features, statues, stone features (including stone landscaping features), cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges, cremation benches, outer interments containers and above ground vaults, and similar features, provided that the height of such features shall not exceed 16 feet. In setback areas, such features are not permitted unless specified in the respective Area conditions (Areas 1-13). PREVIOUSLY CONDITION NO. 1k OF RESOLUTION NO. 2015-102. (4) fences and Walls. Freestanding fences and walls, including perimeter walls, up to 8 feet in height shall be permitted throughout the property. Fences and walls (excluding perimeter fences and walls) located outside of structure setbacks may accommodate niches or vault interments and are not subject to interment setbacks. Perimeter fences and walls shall be solid. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. Resolution No. 2018-07 Exhibit A Page 3 of 28 (5) Retaining Walls. Retaining walls shall be permitted throughout the property and may accommodate niche or vault interments. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. (6) Grading. Grading shall be permitted throughout the property, provided that the Director determines that the grading substantially complies with the Master Plan and conditions. Any grading associated with new mausoleum buildings shall be subject to City Council review under Condition No. 2b. With the exception of Areas 1, 4, 5, 6, and 11, permitted grading includes grading of areas for mass installation of vaults. Prior to commencing any earth movement, the property owner shall obtain a grading permit as required by the Rancho Palos Verdes Municipal Code. Grading permit shall not be required for individual interments. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. Prior to considering a Site Plan Review application, the Director shall give a 15 day written notice for an opportunity to comment on the matter to owners of property within a 500-foot radius of the site of the improvements, if any, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. Upon the Director's determination, Notice of the Director's decision shall be issued to the aforesaid parties and the applicant, who shall have 15 days to appeal the decision in writing to the Planning Commission, then to the City Council. In lieu of Director Review as specified above, the Director may refer future improvements directly to the City Council in accordance with the procedure in Condition No. 2b below. b. City Council Review. Significant changes to the Conditional Use Permit shall be subject to direct review and approval by the City Council. Such changes shall include the following: ( 1) New construction or reconstruction of any structure over 120 square feet in size and/or taller than 16 feet in height, including mausoleum buildings. (2) Rooftop Interments. (3) Any significant change in grading, including but not limited to quantities from that shown in the Master Plan and the contours shown in the topographic baseline survey prepared by Bolton Engineering Corp. accepted by the City on April 12, 2016. Resolution No. 2018-07 Exhibit A Page 4 of 28 (4) Any modification to the Master Plan or conditions of approval, including but not limited to, new structures in undesignated areas of the Master Plan, which shall be processed as a revision to the Conditional Use Permit (not Site Plan Review). The City Council shall consider all such matters only through a noticed public hearing. Notice of the public hearing shall be published and provided to owners of property within a 500-foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. At that time, the City Council may determine that the proposed improvements are in substantial compliance or add, delete, or modify the conditions of approval or the Master Plan, as deemed necessary and appropriate. Written notice of the City Council's decision shall be given to the property owner. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 3. Building Silhouettes. Prior to construction of any building, including any substantial modification or reconstruction of such buildings, the applicant shall install a certified temporary frame silhouette before the City can deem the application complete. Once the silhouette is constructed, a licensed engineer, land surveyor or architect must certify that the silhouette accurately depicts the location, height and outline of the proposed building. PREVIOUSLY CONDITION NO. 1i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 4. Building Heights. Building height limitations are determined by these conditions. The heights of each building shall be certified by a registered Civil Engineer and submitted to the Community Development Department prior to Building Permit Final. New mausoleum buildings (including Inspiration Slope Mausoleum) shall not exceed 20- feet in height as measured from the highest existing/preconstruction grade elevation covered by the structure to the highest point of the structure (including railings and/or pilaster caps), and shall not exceed an overall height of 30-feet as measured from the lowest finished grade adjacent to the building to the highest point of the structure (including railings and/or pilaster caps). PREVIOUSLY CONDITION NO. 30 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 5. Area 1 (Pacifica): a. Structure Setbacks for the Pacifica Mausoleum: West: 15 feet (except for portions previously approved at 5 feet and 8 feet which may not be further modified) Resolution No. 2018-07 Exhibit A Page 5 of 28 North: East: South: b. Earth Interments: West: North: 40 feet 25 feet If abutting a residential zoning district, 40 feet. If abutting a nonresidential zoning district, 25 feet 0 feet 16 feet except for the 13 interments in the northwest corner and 6 plots already sold. c. Supervision. During every burial service located between the north property line and the adjacent roadway, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. d. Vegetation. Except for the existing hedge, drought tolerant, low maintenance and erosion controlling landscaping is required in the western setback adjacent to the Pacifica Mausoleum expansion. PREVIOUSLY CONDITION NO. 8 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 6. Area 2 (Inspiration Slope): a. Grading. Area will be constructed in a minimum of three phases over a period of 5- to 1 0-years (as funding and budgeting become available), with the initial phase completed in 2017. The construction will require adequate backfill to keep the adjacent earth Interments section at a consistent level. Cumulatively, upon completion, the project will have produced approximately 53,000 cubic yards of grading; however, each phase will require between approximately 10,000 to 15,000 cubic yards of import. Thus, it is estimated that approximately 40,000 cubic yards of import fill will be required for construction of the entire Inspiration Slope project. PREVIOUSLY CONDITION NO. 1.b.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Mausoleum. The mausoleum on Inspiration Slope shall be located as shown on the Master Plan so as not to impair views from the Peninsula Verde neighborhood. Any new construction or expansion of the mausoleum shall require City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. Resolution No. 2018-07 Exhibit A Page 6 of 28 c. Rooftop Interments. Rooftop interments shall be subject to City Council review as described in Condition No. 2b. d. Retaining Wall. The 14.16 foot tall combination wall, as measured from the lowest adjacent finished grade to the highest point (including railings or pilaster caps), shall be permitted to contain niches or vaults for cremated remains. PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. e. Hedges. Prior to building permit final of the mausoleum, the existing hedge that separates Crescent Lawn and Inspiration Slope shall be removed. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. f. Supervision. During every burial service, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 7. Area 3 (Reflection Mausoleum Expansion): a. Grading. A total of approximately 14,000 cubic yards of imported fill shall be permitted for the mausoleum construction. PREVIOUSLY CONDITION NO. 1.b.ii OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Square Footage. Allow a new approximately 75,000 square foot mausoleum building to the west of the existing mortuary, approximately 10,000 square feet of which will be above grade and approximately 65,000 square feet will be below grade, subject to City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 1.d OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. 8. Area 4 (North Terrace Drive): a. .Orading. Prior to grading operations for new earth interments areas, the property owner shall submit a grading plan, prepared by and wet-stamped by a licensed civil engineer. The existing grade elevation shall not be raised without prior approval by the Director, pursuant to Condition No. 2a. PREVIOUSLY CONDITION NO.3 OF RESOLUTION NO. 2015-102. Resolution No. 2018-07 Exhibit A Page 7 of 28 AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. b. Structures. Except as provided in Condition No. 8d, no above ground structures are permitted within the 8' setback from the north property line, including but not limited to, garden walls for family estate interments, or other built-up structures. For areas outside of the 8 foot setback, minor cemetery improvements are permitted as provided in Condition No. 1 h. PREVIOUSLY CONDITION NO. 1.f OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. c. Earth Interment Setbacks: East: 0 feet North: 8 feet ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. d. Perimeter Fence or Wall. An 8 foot tall vinyl fence shall be installed along the north property line abutting the rear yards of the residential properties on Peninsula Verde Drive. The fence shall be earth-tone in color, approximately 1,150 feet long, and shall be set back at least 2 feet from the north property line. Notwithstanding existing encroachments by the abutting residents, the property owner shall be responsible for installing the perimeter fence by June 1, 2018, subject to Condition No. 2a. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. e. Landscape Screening. In areas where no landscaping exists, the property owner shall submit a landscaping plan to the Director for review and approval and shall install landscaping within 90-days of installation of the perimeter fence or wall (refer to Condition No. 1 O.d) for screening purposes. Landscaping shall be planted on the cemetery side and shall measure at least 8 feet in height from adjacent grade. Neither the existing nor proposed landscaping shall significantly impair any near or far view as defined by the Development Code. The property owner shall be responsible for continuous maintenance of said landscaping. PREVIOUSLY CONDITION NO. 19 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. f. Supervision. During every burial service located between the north property line and the adjacent roadway, at least one employee of the cemetery shall attend and Resolution No. 2018-07 Exhibit A Page 8 of 28 monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 9. Areas 5 and 6: a. Grading. Approximately 137,000 cubic yards of grr1ding is permitted to accommodate future mausoleum buildings and earth interments. PREVIOUSLY CONDITION NO. 1.h OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Excess Material/Stockpiling in Area 6. Excess earth material resulting from interment sites, ground spoils, construction, or site grading, shall be permitted to be stored/stockpiled. The property owner shall maintain a minimum 8 foot high chain link fence with a mesh material to reasonably screen, enclose, and confine Area 6, consistent with the plans on file and approved by the Director in February 2017, to mitigate any unsightly aesthetic conditions related to the stockpiling, storage of materials, and trash. Area 6 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. A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to Area 6 and a phone number(s) to be called in the event that dust is visible from Area 6, shall be posted and displayed on the fencing. PREVIOUSLY CONDITION NO. 1h OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. c. Mausoleums in Area 6. Allow 5 separate mausoleum buildings with each footprint measuring approximately 24,000 square feet, subject to City Council review as described in Condition No. 2b. d. Structure Setbacks: West: South: 5 feet 40 feet e. Earth Interments Setbacks: West: South: 5 feet 20 feet (presumes 8 foot landscape buffer and 10 foot wide roadway) Resolution No. 2018-07 Exhibit A Page 9 of 28 f. Landscape Screening. Landscaping shall be planted within 8' of the future south perimeter wall on the cemetery side prior to the completion of the future roadway (refer to Condition No. 9g) for screening purposes. Landscaping shall measure at least 8 feet in height from adjacent grade. Neither the existing nor proposed landscaping shall significantly impair any near or far view as defined by the Development Code. The property owner shall be responsible for continuous maintenance of this landscaping. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. g. Road. The future road extension that parallels the south property line shall be completed prior to the City issuing a final occupancy permit for any building in Area 6. The future road extension that parallels the south property line shall be setback a minimum of 8 feet from the future wall to provide a landscape buffer as required in Condition No. 9f. Prior to construction, the future road shall include traffic calming measures as deemed acceptable by the Director of Community Development. PREVIOUSLY CONDITION NO. 27 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. h. Supervision. During every burial service, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUA(iy 31 1 2017 PER RESOLUTION NO. 2017-03. i. Historic Church in Area 6. Revision "D" to conditional use permit of the Green Hills permits the placement of an historic church building in Area 6 of the Master Plan, southwest of the existing duck pond. The church building measures less than 1,100 square feet in area, and has a steeple at the front of the building that is 7- feet wide, 7 -feet deep, and 38-feet tall. (1) The church building may be used for funeral services only, and may not be used for congregational church services. Further, the existing bell may remain as a decorative feature only, and the bell or bell recordings may not be used. (2) Major additions to the church building or relocation of the church building to another location on the property are not allowed without prior City Council approval. (3) Hours. The Chapel may be open to the public from 7:00a.m. to 9:00 p.m. Monday through Sunday. Resolution No. 2018-07 Exhibit A Page 10 of 28 PREVIOUSLY CONDITION NO. 1.1 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 10.Area 7 (Southwest Terrace Mausoleum): a. Grading. Area 7 will not require import of fill since the amount of excavation far exceeds the amount of backfill necessary for this mausoleum buildings, and the excess dirt will be placed and compacted in Areas 5 and 6 of the Master Plan (i.e., the southern and southwestern portions of the cemetery site), which is not expected to be developed for another 30 years. PREVIOUSLY CONDITION NO. 1.b.iii OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Mausoleum. New mausoleum is permitted at the southwest side of the cemetery, with a building footprint of approximately 38,000 square feet, subject to City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 1.e OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. c. Setbacks: Structures West: 5 feet Earth Interments West: 5 feet ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 11.Area 11 (Pacific Terrace/Memorial Terrace Mausoleum): a. Grading. Area 11 will not require import of fill since the amount of excavation far exceeds the amount of backfill necessary for this mausoleum building, and the excess dirt will be placed and compacted in Areas 5 and 6 of the Master Plan (i.e., the southern and southwestern portions of the cemetery site), which is not expected to be developed for another 30-years. PREVIOUSLY CONDITION NO. 1.b.iii OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. ~etbacks for the Pacific Terrace/Memorial Terrace Mausoleum are as follows:. North: a: feet for the portion constructed and finaled as of 2013. 40: feet for future expansions. West: If abutting a residential zoning district, 40: feet. If abutting a nonresidential zoning district, 25: feet. South: If abutting a residential zoning district, 40: feet. Resolution No. 2018-07 Exhibit A Page 11 of 28 If abutting a nonresidential zoning district, 25: feet. East: 25: feet PREVIOUSLY CONDITION NO. 8.a OF RESOLUTION NO. 2015-102. c. Tractor Ramp. The entire length of the tractor ramp shall be left clear at all times when not in use. No vehicles, landscaping equipment, construction equipment, storage containers, etc. may be parked, stored or left on the tmc:tor ramp. PREVIOUSLY CONDITION N0.1.3.a OF RESOLUTION NO. 2015-102. 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. PREVIOUSLY CONDITION N0.1.3.d OF RESOLUTION NO. 2015-102. e. Screen Rear Wall. The Northern (rear) wall of the mausoleum building shall be screened by a type of wall vine landscaping. The landscaping shall be planted and allowed to grow on the wall only, to the satisfaction of the Director and shall not grow above the wall. PREVIOUSLY CONDITION NO. 1.3.b OF RESOLUTION NO. 2015-102. f. Landscaping. (1) Roof. With the exception of ground cover, no other vegetation shall be planted on the roof of the Pacific Terrace/Memorial Terrace Mausoleum. For other areas within Area 11 that are outside the footprint of the Pacific Terrace/Memorial Terrace Mausoleum, only ground cover, shrubs and other vegetation below the height of the existing wall on the property line are allowed. Vines are allowed on the northern wall of the Pacific Terrace/Memorial Terrace Mausoleum building provided that they do not exceed the solid building parapet. PREVIOUSLY CONDITION NO. 1.3.c OF RESOLUTION NO. 2015-102. (2) Tree Screen at Mausoleum. If desired by the Vista Verde Condominium Association, applicant shall plant suitable trees or landscape screening between the condominium building and the Mausoleum. The Director shall approve the materials, size, and plant spacing. Applicant shall keep the screen in good health and replace any plants when necessary to maintain the screen without obstructing significant views. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. Resolution No. 2018-07 Exhibit A Page 12 of 28 g. Additions to Mausoleum. No additions or expansion shall be allowed to the existing Pacific Terrace/Memorial Terrace Mausoleum in Area 11. No new mausoleum building shall be constructed within Area 11 without first obtaining City Council approval at a duly noticed public hearing following the process set forth in Condition 2b. PREVIOUSLY CONDITION NO. 1.3.e OF RESOLUTION NO. 2015-102. h. Rooftop Interments. The following conditions are applicable to all interments on the roof of the Pacific Terrace/Memorial Terrace Mausoleum Building. PREVIOUSLY CONDITION NO. 1.3.5 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (1) Pre and Post Service. Pre-service interment preparation and post-service plot backfilling of the rooftop earth interments on the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00p.m., Monday through Sunday (See Condition 17). PREVIOUSLY CONDITION NO. 1.3.5.a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (2) Hours. Burials and all associated services on the roof top earth interments of the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (3) Sales. Sales personnel shall be allowed to show potential roof-top earth interment plots on the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, only between the hours of 10:00 a.m. and 3:00p.m. Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.f OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. (4) Haul Vehicle. The use of a mini-haul vehicle (which is illustrated in Green Hills' power point presentation to the Planning Commission on May 13, 2014) shall be limited to pre-service interment preparation and post-service plot backfilling of the rooftop earth interments during the hours of 10:00am and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016 PER RESOLUTION NO. 2017-03. Resolution No. 2018-07 Exhibit A Page 13 of 28 (5) Sound. The use of amplified sound is prohibited on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building. This prohibition shall not apply to the amplified sound for the playing of "Taps" as part of funeral services for military personnel and for police, fire and other first responders. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102. (6) Tenting. All services on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building shall be conducted within temporary covered tenting that is enclosed on a minimum of 2 sides, as illustrated in Green Hills' power point presentation to the Planning Commission on May 13, 2014. One of the two covered sides shall be the north side facing the Vista Verde Condominium complex. Temporary tenting shall be erected no earlier than 2 hours prior to the burial service and shall be removed within 2 hours after the burial service. PREVIOUSLY CONDITION NO. 1.3.5.e OF RESOLUTION NO. 2015-102. (7) Notice to Property Owners. Small flags shall be placed on any interment site located on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum within 24 hours after a burial service has been scheduled for that site, to provide neighboring property owners with advanced notice of scheduled interment and burial services, unless burial will be in less than 24 hours from death in which case flags will be placed as soon as possible before the service. The property owner shall also post on its publicly accessible website (www.greenhillsmemorial.com) additional details concerning the anticipated time and date of scheduled burial services. PREVIOUSLY CONDITION NO. 1.3.5.g OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31 1 2016 PER RESOLUTION NO. 2017-03. (8) Supervision. During every burial service occurring on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and cemetery park rules. PREVIOUSLY CONDITION NO. 1.3.5.h OF RESOLUTION NO. 2015-102. (9) Excluded Areas. In no event shall below-grade interments be allowed on the roof of the Memorial Terrace Mausoleum building that are within 16-feet from the northern property line. Specifically, plots illustrated in sections 540 through 553, as depicted in the attached Exhibit C of Resolution No. 2015-102, are hereby eliminated. PREVIOUSLY CONDITION NO. 1.3.5.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. Resolution No. 2018-07 Exhibit A Page 14 of 28 (1 0) Mediation with Homeowners. Owners in the Vista Verde Condominium Project have made objections and claims against the City concerning the fact that the Pacific Terrace/Memorial Mausoleum is constructed at the 8 foot setback line instead of the previous setback which existed before 2007. If requested by the Vista Verde homeowners, Green Hills will undertake an appraisal to determine if there has been a loss of real estate value resulting to the homeowners from the construction of the Mausoleum and what that loss might be. Green Hills will participate in a mediation process with the Vista Verde homeowners and attempt to settle claims by such homeowners for values up to the amount of the appraisal differential, using either the existing appraisal or a new appraisal requested by the Vista Verde homeowners. City representatives will also participate in this mediation on behalf of City. If the Vista Verde homeowners refuse to participate in the mediation, or the mediation does not result in a settlement of the disputes, then Green Hills is responsible for defense of its entitlements pursuant to the indemnification provisions in Condition 33. PREVIOUSLY CONDITION NO. 40 OF RESOLUTION NO. 2015-102. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. 12.Area 13 (Administration Building): a. Expansion. The approval for the Administration Building expansion project is Revision "E" to the Green Hills Conditional Use Permit and shall be consistent with the approved plans prepared by Bolton Engineering Corp. dated April 9, 2015 (sheets C-0, C-1, ESCP, RW-1) and Anthony Frank lnferrera dated April4, 2015 (sheet A-0 only), that allows 3,323 square feet of single-story office additions, 648 square foot covered walkway extension, and 316 square foot covered entry to the Administration Building. PREVIOUSLY CONDITION NO. 1.1 .a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. b. Temporary Modular Buildings. Allow temporary modular buildings to remain on site, but be removed prior to April 22, 2017 or Building Permit Final of the expansions, whichever comes first. Any extension requests shall be reviewed by the City Council prior to April 22, 2017, pursuant to Condition No. 29. PREVIOUSLY CONDITION NO. 1.1.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. c. Parking Area. A total of 81 parking spaces shall be maintained (95 existing). PREVIOUSLY CONDITION NO. 1.1.c OF RESOLUTION NO. 2015-102 d. Grading. Conduct 325 cubic yards of grading for the following emergency access and ADA access/parking improvements: Resolution No. 2018-07 Exhibit A Page 15 of 28 (1) Widen the driveway (portion of Arroyo Drive) located south of the Administration Building from approximately 20 feet to 26 feet supported by a 2.5 foot tall retaining wall to accommodate emergency vehicles. (2) Widen the access and parking area to the north of the Administration Building to accommodate adequate handicap van parking and ADA access area; thereby necessitating the removal of the existing 3 foot tall retaining wall and the construction of a new replacement retaining wall measuring up to 4.45 feet in height. PREVIOUSLY CONDITION N0.1.1.d OF RESOLUTION NO. 2015-102. e. Structure Setback~. East: West: South: 25 feet 40 feet interior and side if abutting a residential zoning district and 2 feet if abutting a nonresidential zoning district 40 feet interior and side if abutting a residential zoning district and 25 feet if abutting a nonresidential zoning district PREVIOUSLY CONDITION N0.1.2.a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. f. Parking. (1) Parking areas shall provide for a 25 feet outside turning radius within the facility. (2) All parking areas shall be surfaced with asphaltic or cement concrete paving which is at least 3 inches thick. (3) All parking stalls shall be clearly marked with lines, and access lanes shall be clearly defined with directional arrows to guide traffic. Except for parallel parking stalls, standard parking stalls shall be of a minimum 9 feet width by 20 feet depth in area. Parallel parking stalls shall be a minimum of 26 feet in depth. (4) Disabled parking spaces shall be in accordance with the dimensions and specifications of the state amended Uniform Building Code. (5) A minimum of 5% of the paved parking area shall be devoted to interior planting areas. All planting areas shall be at least 3 feet wide. Perimeter planting shall not be considered part of this required interior planting. (6) Wherever a center divider separates parking stalls facing each other, tree wells shall be established not more than 50 feet apart for larger trees, or not more than 30' for small and medium sized trees. PREVIOUSLY CONDITION NO. 1.2.b OF RESOLUTION NO. 2015-102. Resolution No. 2018-07 Exhibit A Page 16 of 28 g. Landscaping. (1) All plantings shall be maintained free of debris and in conformity with the accepted practices for landscape maintenance. (2) A 6 inches high cement concrete curb shall be constructed at the edge of all landscaped areas. PREVIOUSLY CONDITION NO. 1.2.c OF RESOLUTION NO. 2015-102. (3) The existing eucalyptus trees on the west side of the Administration Building parking lot shall not be removed unless required by the holder of the easement in which the trees are located or acceptable evidence is provided to the Director from a certified arborist supporting removal. PREVIOUSLY CONDITION NO. 20.a OF RESOLUTION NO. 2015-102. h. Hours. The Administration Building public hours are limited to 8:00 a.m. to 9:00 p.m. Monday through Sunday. PREVIOUSLY CONDITION NO. 17.b OF RESOLUTION NO. 2015-102. 13. Setbacks -All Other Areas Not Specified: a. Earth Interments and Roads. "Garden" burial interment sites with no above- ground structures (other than benches for seating) and roads shall be as follows: North and South: 8 feet East and West: 0 feet PREVIOUSLY CONDITION NO.6 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. b. Setbacks for Above Ground Structures, including but not limited to mausoleums and crypts shall be as follows: North: South: East: West: 80 feet or no closer than the northern perimeter road I whichever is greater from the north property line that is north of the maintenance yard I and 40 1 from the north property line. 40 feet 25 feet 5 feet PREVIOUSLY CONDITION NO. 7 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. Resolution No. 2018-07 Exhibit A Page 17 of28 14. Noise. The property owner shall conduct its activities on site so as to not create noise nuisances to neighboring properties. Live and/or amplified music, for funeral services community events shall be limited to the duration of the service or event. No noise shall emanate from the property exceeding 65 dBA at the common property lines abutting a Residential Zoning District. The property owner shall be responsible for monitoring, preventing, and initiating timely corrective action to address any noise problems. This condition shall apply in addition to any noise ordinance and/or code amendment adopted by the City, and when there is conflicting requirements, the stricter requirement shall apply. PREVIOUSLY CONDITION NO. 9 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. 15. Cemetery Liaison. The property owner shall provide abutting Homeowner Associations and any neighbors that request contact information for Green Hills Cemetery personnel that can be contacted about operational impacts, including but not limited to, excessive noise or other activities. PREVIOUSLY CONDITION NO. 11 OF RESOLUTION NO. 2015-102. 16. Security. At least one security employee shall be on duty patrolling and monitoring activities on the property for the entirety of the cemetery operation hours. Security reports shall be made available to the Neighborhood Advisory Committee at its meetings as described in Condition 17. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. 17. Green Hills Cemetery Neighborhood Advisory Committee. Green Hills shall establish a neighborhood advisory committee, consisting of two representatives and one observer from the Peninsula Verde and the Rolling Riviera Homeowner's Associations, as well as a representative from City Staff. The Committee shall meet at least once every quarter during normal business hours to review any operational and neighborhood concerns. Reports on the meeting shall be provided to the City Council. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. 18.Signage. The property owner shall install and maintain visible signage at various locations throughout the property informing visitors of the cemetery rules, including but not limited to, the prohibition of on-site consumption of alcoholic beverages, excessive noise and amplified music, and disruptive behavior. At a minimum, the cemetery park rule signs shall be installed at the park cemetery entrance and in Areas 1, 2, 4, 5, 6, and 11, approved by the Director. Resolution No. 2018-07 Exhibit A Page 18 of 28 PREVIOUSLY CONDITION NO. 10 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 19. Construction: a. Construction Sites. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. PREVIOUSLY CONDITION NO. 13 OF RESOLUTION NO. 2015-102. b. Trash and Debris. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but is not limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. All landscape pruning, including but not limited to grass, leaves, branches, fertilizer, etc., shall be properly stored in areas with minimal visual impact to adjacent homeowners, and shall be stored in appropriate containers and disposed of in a lawful manner. PREVIOUSLY CONDITION NO. 14 OF RESOLUTION NO. 2015-102. c. §1Qrage of Equipment and Supplies. When not being used in the daily operations of the cemetery, equipment and supplies shall be stored in areas with minimal visual impact to adjacent homeowners or in the maintenance yard if possible. Equipment and supplies shall be neatly stacked so they do not pose a safety hazard or become a property maintenance issue. All landscaping equipment and vehicles, and all vehicles used for maintenance and/or burial preparation shall be stored in the maintenance yard. PREVJOUSL Y CONDITION NO. 15 OF RESOLUTION NO. 2015-102. d. Temporary Trailers. Temporary trailers are only allowed during construction of the mausoleum buildings. The location of any such trailers shall be illustrated on plans for the Grading Permit as described and required in condition AQ-1 below, and shall be approved by the Director. Further, all trailers shall be removed prior to building/grading permit final. PREVIOUSLY CONDITION NO. 16 OF RESOLUTION NO. 2015-102. Resolution No. 2018-07 Exhibit A Page 19 of 28 e. Employee Training. The property owner shall continue to provide for new employees, training programs on a regular basis, in accordance with Cal OSHA recommendations on the proper handling and safety requirements of equipment and material in the mortuary and crematory, as well as compliance with the requirements of these conditions of approval. PREVIOUSLY CONDITION NO. 12 OF RESOLUTION NO. 2015-102. f. Easements. 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. All easements shall be identified on plans submitted to the City. PREVIOUSLY CONDITION NO. 34 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 20. Hours of Operations: a. General. This section shall govern hours of operations except for any provision concerning specific areas of the cemetery. b. Hours of Facilities. Unless otherwise specified in these conditions, hours of operation are as follows except for the following events: Easter Sunrise, Memorial Day, Let It Snow, Harvest Festival, and Shakespeare in the Park. The property owner shall provide the dates of the aforementioned events to the Director by January 1st of each year. Park Hours: ?am to 5pm -Pacific Standard Time ?am to 7pm -Pacific Daylight Time Mausoleum Hours: ?am to 4:30pm -Pacific Standard Time ?am to 6:30pm -Pacific Daylight Time AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. c. Construction Working Hours. Construction and grading activities, including but not limited to equipment warm up, geologic investigations, interments excavation for placement of vaults and installation or removal of large landscape materials or landscaping maintenance shall be limited to 7:00 a.m. to 4:00 p.m. on weekdays only. d. Construction In Proximity to Residential. Notwithstanding the foregoing, within 120 feet of any property line abutting a Residential Zoning District, no construction or grading, including grading operations to prepare sites for earth interments, shall Resolution No. 2018-07 Exhibit A Page 20 of 28 occur before 9:00 a.m. or after 3:30 p.m. All equipment shall be equipped with a muffler to reduce on-site grading and construction noise levels. e. Non-Construction and Burial Related Activity. Excavation for removal and replacement of vault tops and earth for preparation of interment sites, individual placement of vaults for funeral services and operation of landscape maintenance equipment shall be allowed in any area of the park between the hours of 7:00a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturday, Sunday, and federally observed holidays. PREVIOUSLY CONDITION NO. 17 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31. 2017 PER RESOLUTION NO. 2017-03. 21. Landscaping and Irrigation. Landscaping and irrigation in all setbacks require review and approval by the Director prior to installation.-lrrigation systems shall be designed to provide adequate coverage with no over-spray, runoff, or excessive quantities of water output. Use of drip irrigation systems is required wherever possible. A low water use turf shall be used in all new lawn areas. Prior to installation, the Director shall review and approve the landscape and irrigation plan for the setback areas. All existing and future landscaping shall be properly maintained in a healthy and trimmed manner at all times. PREVIOUSLY CONDITION NOS. 18 and 24 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 22. Mitigation Monitoring. All mitigation measures contained in the approved Mitigation Monitoring Program contained in P.C. Resolution No. 2007-32 for the Mitigated Negative Declaration, shall be incorporated into the implementation of the proposed project and adhered to. The mitigation measures are as follows: A-1: No new light poles, light standards, or other form of lighting is allowed along the roadways within the cemetery without prior written approval by the Director and shall comply with RPVDC Section 17.56.040 (Outdoor lighting for nonresidential uses). A-2: No exterior, building-mounted lighting is allowed on the fagade elevations that are closest to and oriented towards residences. All other lighting shall be arranged and shielded as to prevent direct illumination of surrounding property and shall comply with RPVDC Section 17.56.040 (Outdoor lighting for nonresidential uses). A-3: All pedestrian-oriented lights along the exterior of the mausoleum buildings shall be in the form of lights that are inset into the adjoining walls. Further, the lighting shall be arranged and/or shielded as to prevent direct illumination of surrounding property and prevent visibility of the light source and shall comply with RPVDC Section 17.56.040 (Outdoor lighting for nonresidential uses). Resolution No. 2018-07 Exhibit A Page 21 of28 AQ-1: Prior to construction of each building contained in the approved Master Plan, the applicant shall submit a grading plan prepared by and wet-stamped by a licensed engineer for review and approval by the Director to ensure consistency with the approved Master Plan, in accordance with Condition 2a, which shall include, but not be limited to, grading quantities, height, area and location of buildings and that the buildings will not have adverse impacts upon adjacent properties. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AQ-2: During construction of any improvements associated with the Master Plan, the owner shall ensure that all unpaved construction areas shall be watered at least twice a day during excavation and construction to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. AQ-3: During construction of any improvements associated with the Master Plan, the owner shall ensure that all clearing, grading, earth moving or demolition activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust. AQ-4: During construction of any improvements associated with the Master Plan, the owner shall ensure that General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. AQ-5: During construction of any improvements associated with the Master Plan, the owner shall ensure that on-site construction vehicle speeds are limited to a maximum of 15 miles per hour on unpaved roads. AQ-6: During construction of any improvements associated with the Master Plan, the owner shall ensure that all on-site construction roads with vehicle traffic will be watered periodically as necessary for dust suppression. AQ-7: During construction of any improvements associated with the Master Plan, the owner shall ensure that street sweeping will be initiated if visible dust is deposited upon public paved roadways due to the project. AQ-8: During the daily cemetery operations, the property owner shall ensure that all clearing and earth moving will be discontinued during periods of high winds (i.e., greater than 25 mph), so as to prevent excessive amounts of dust. This shall not apply to excavations for individual burial plots prior to a service, or to filling of individual burial plots after a service. AQ-9: During the daily cemetery operations, the property owner shall ensure that on- site vehicle speeds associated with the transporting of earth materials are limited to 15 miles per hour on unpaved roads. Resolution No. 2018-07 Exhibit A Page 22 of 28 AQ-1 0: The property owner shall ensure that grave spoils are placed in Area 5 and/or Area 6 of the Master Plan, which will be placed to fill the areas. A minimum 8-foot high chain link fence with a mesh material to reasonably screen the fill area from neighbors shall enclose and confine said area. A0-11: 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-1 0 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-1 0, AQ-11 and AQ-12 above. AQ-14: The Director or the City Council shall review future improvements in accordance with Condition No. 2. The City Council shall review any changes to fe.!: the Master Plan or the conditions of approval associated with the Master Plan in accordance with Condition No. 2b. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. GS-1: The property owner shall submit a geotechnical report for review and approval by the City Geologist prior to the issuance of a building permit for each mausoleum building or grading permit for any earth movement beyond that associated with ground interment sites, unless the City Geologist deems that a geotechnical report is not warranted. Further, prior to any additional placement of fill in Area 5, a detailed grading plan with relevant geotechnical reports supporting recommendations for grading in Areas 5 and 6 shall be submitted by the applicant to the City for review and approval by the Building and Safety Division and the City Geologist prior to issuance of a building permit for any mausoleum. GS-2: The property owner shall ensure that all applicable conditions as specified within the geotechnical report and all measures required by the City Geologist are incorporated into the project. HW-1: The property owner shall prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) along with a Maintenance Agreement and Transfer. The SUSMP and related information shall be reviewed and approved by the Director, or his/her designee prior to the issuance of grading and building permits for any mausoleum building. Resolution No. 2018-07 Exhibit A Page 23 of 28 N-1: Construction activity of the mausoleum buildings and grading operations shall be limited to the hours of 7:00 am and 4:00 pm, Monday through Friday. There shall be no construction on Saturdays, Sundays or federally observed holidays unless a Special Construction Permit is obtained 48 hours prior to work on a federally observed holiday. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. N-2: During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 am Monday through Friday and before 9:00 am on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. N-3: The City Council shall conduct an annual review or as deemed necessary by the City Council to review the property owner's compliance with all conditions of approval associated with the Master Plan. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500~ foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. PREVIOUSLY CONDITION NO. 5 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 23. Sewer and Water Facilities. The site shall be served by adequately sized water system facilities as determined by the Los Angeles County Fire Department. All Los Angeles County Fire Department requirements shall be satisfied prior to building permit issuance for mausoleum buildings. Any new sewer and water facilities must tie into local main lines. The usage of the site may be limited by the size and type of sewage and water systems that can legally be installed PREVIOUSLY CONDITION NO. 26 OF RESOLUTION NO. 2015-102. 24. Compliance With Authorities. Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the site. On an annual basis, the property owner shall provide the City with copies of permits from the South Coast Air Quality Management District and Los Angeles County Fire Prevention Bureau for storage of fuel. The property owner shall also provide copies of permits from the Los Angeles County Fire Department, Hazardous Maintenance Division Section and Fire Prevention Bureau, for the chemicals stored in the Resolution No. 2018-07 Exhibit A Page 24 of 28 embalming rooms in the Administration Building. Permits from the South Coast Air Quality Management District for the crematory must also be provided. PREVIOUSLY CONDITION NO. 31 OF RESOLUTION NO. 2015-102. 25. State Permits. On an annual basis, the property owner shall provide the City with copies of current and valid permits and/or licenses from the State Cemetery and Funeral Board. PREVIOUSLY CONDITION NO. 32 OF RESOLUTION NO. 2015-102. 26. Encroachment Permits. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the property owner shall obtain an encroachment permit from the Director of Public Works. PREVIOUSLY CONDITION NO. 33 OF RESOLUTION NO. 2015-102. 27.No Waiver of Law. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. PREVIOUSLY CONDITION NO. 35 OF RESOLUTION NO. 2015-102. 28. Conflict of Law. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the Cemetery development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. PREVIOUSLY CONDITION NO. 36 OF RESOLUTION NO. 2015-102. 29. Enforcement. a. Revocation. Should the property owner _fail to comply with any of these conditions of approval or mitigation measures, after written notice to applicant and the opportunity to cure, the City may initiate revocation procedures for this permit, which shall include a public hearing. Notice of said public hearing shall be published and provided to owners of property within a 500 foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. Resolution No. 2018-07 Exhibit A Page 25 of 28 b. Administrative Citation. In addition to Condition No. 33.a, the property owner may be subject to administrative citations as described in Section 1.16 of the City's Municipal Code for failing to comply with all of these conditions of approval. PREVIOUSLY CONDITION NO. 37 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 30. Submission Property Line Survey Maps. Within 30 days from November 17, 2015, the property owner submitted a certified property line survey to the Director verifying that the existing above ground interments and structures do not exceed 6-feet in height outside of the required 5 foot setback along the west property line in the area south of the Pacifica Mausoleum building (Area 1 ). PREVIOUSLY CONDITION NO. 38 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 31. Recordation of Final Maps. The property owner shall submit any map to the Director to be recorded at least 30-days prior to recording of said map with the Los Angeles County Recorder's Office. No later than 30 days after recordation, the property owner shall submit a recorded copy to the Director. ADDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. 32. Fees and Costs. Except as otherwise specified, the property owner is responsible for all costs complying with the provisions of the Master Plan and of this Conditional Use Permit. The property owner shall be required to pay 110% of the estimated amount of the cost of services to be provided on behalf of the City by any outside consultants that have been retained by the City to render services specifically in connection this project, in the form of a trust deposit account (or reimbursement agreement or other instrument approved by the City Attorney), prior to commencement of such services (e.g. City Attorney, City Engineer, Geotechnical Consultants, Noise Consultants, etc.). The property owner shall adequately fund the trust deposit account prior to the commencement of services, in amounts reasonably requested by the City, based upon an estimate of the cost of services for the period of at least 90 days for which services are rendered. In addition, the trust deposit account shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. PREVIOUSLY CONDITION NO. 39 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03. 33. Defense of Claims Against Project. a. Non-Liability of City. The Parties acknowledge that: (i) In the future there may be challenges to legality, validity and adequacy of the Project approvals; and (ii) If successful, such challenges could delay or prevent the ongoing use of the Project Resolution No. 2018-07 Exhibit A Page 26 of 28 as provided herein. In addition to the other provisions of the CUP, including, without limitation, the provisions of this Section, City shall have no liability under the CUP for the inability of property owner to develop the Property as contemplated by the Master Plan or the CUP as the result of a judicial determination that the General Plan, Master Plan, the Land Use Regulations, the CUP, or portions thereof, are invalid or inadequate or not in compliance with law. b. Revision of Land Use Restrictions. If for any reason the General Plan, Master Plan, Land Use Regulations, this CUP or any part thereof of the property approvals is hereafter judicially determined as provided above to be not in compliance with the State or Federal Constitutions, laws or regulations and if such noncompliance can be cured by an appropriate amendment thereof otherwise conforming to the provisions of this CUP, then the CUP shall remain in full force and effect to the extent permitted by law. The Master Plan and this CUP shall be amended, as necessary, in order to comply with such judicial decision. c. Scope of Indemnification. The property owner shall agree to defend, indemnify and hold harmless, the City, its agents, officers and employees from any claim, action or proceeding against the City and the application will either undertake defense of the matter and pay the City's associated legal costs, or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the property owner of any such claim, action or proceeding or fails to cooperate fully in the defense, the property owner shall not, thereafter, be responsible to defend, indemnify or hold harmless the City. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the property owner's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of indemnification rights herein, providing, however, that the adverse judgment or failure to appeal is not due to the City's failure to promptly notify Applicant or to cooperate fully in the defense. The foregoing includes, but is not limited to, any and all claim(s), causes of action or lawsuit(s) brought by the Claimants, by their homeowners' association or by anyone else on their behalf. d. Limitation of Indemnity. Notwithstanding the generality of the above, for purposes of the current claims by the Vista Verde homeowners concerning the Mausoleum, the City shall bear its own legal defense costs, but this restriction shall not apply to future matters. e. Hold Harmless: Construction and Other Activities. The property owner hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys' fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Green Hills or Green Hills' agents, contractors, subcontractors, agents, or employees' operations under the CUP, whether such operations be by the property owner or by any of the Resolution No. 2018-07 Exhibit A Page 27 of 28 property owner's agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for the property owner or any of the property owner's agents, contractors or subcontractors. Nothing herein is intended to make the property owner liable for intentional wrongful and/or reckless acts of City's officers, employees, agents, contractors or subcontractors. f. Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement or CUP for any reason other than City's default. PREVIOUSLY CONDITION NO. 41 OF RESOLUTION NO. 2015-102. 34.Applicant Acceptance of Conditions. The property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval, and subsequent amendments to the conditions of Approval. Failure to provide said written statement within thirty (30) days following the date of this approval and subsequent amendments to the conditions of Approval shall render this approval null and void. PREVIOUSLY CONDITION NO. 4 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018 PER RESOLUTION NO. 2018-07. Resolution No. 2018-07 Exhibit A Page 28 of 28 From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: More late correspondence. Amy Seeraty Thursday, January 16, 2020 9:45 AM CityCierk FW: Video of activities at Green Hills Memorial Park A TT00001.htm; A TT00002.htm; A TT00003.htm; A TT00004.htm; A TTOOOOS.htm Follow up Flagged From: Christa Nuber [mailto:csnuber@yahoo.com] Sent: Wednesday, January 15, 2020 10:58 AM To: Amy Seeraty <AmyS@rpvca.gov> Subject: Video of activities at Green Hills Memorial Park 1 /.