CC SR 20211116 02 - Green Hills
PUBLIC HEARING
Date: November 16, 2021
Subject: Consideration and possible action to allow Green Hills Memorial Park to utilize existing
stored concrete vaults for burials on the rooftop of Inspiration Slope Mausoleum
(PLMH2021-0001).
Recommendation:
(1) Review Green Hills Memorial Park’s request to utilize existing stored concrete vaults for burials
on the rooftop of Inspiration Slope Mausoleum in accordance with the Conditions of Approval
adopted per City Council Resolution No. 2020-03; and,
(2) If deemed acceptable, direct Staff to come back on December 7, 2021 with a resolution to allow,
with conditions of approval, burials on the rooftop of Inspiration Slope Mausoleum via a
Conditional Use Permit Revision.
Subject Property/Location: 27501 S. Western Avenue
1. Report of Notice Given: City Clerk Takaoka
2. Declare Public Hearing Open: Mayor Alegria
3. Request for Staff Report: Mayor Alegria
4. Staff Report & Recommendation: Amy Seeraty, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Public Testimony:
Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the
applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be
allowed ten minutes to make a presentation.
A. Applicant: Nick Resich Property Owner: Green Hills Memorial Park
i. Mayor Alegria invites the Applicant to speak. (10 mins.)
7. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
8. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Alegria
9. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
10. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 11/16/2021
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to allow Green Hills Memorial Park to utilize existing
stored concrete vaults for burials on the rooftop of Inspiration Slope Mausoleum
(PLMH2021-0001).
RECOMMENDED COUNCIL ACTION:
(1) Review Green Hills Memorial Park’s request to utilize existing stored concrete
vaults for burials on the rooftop of Inspiration Slope Mausoleum in accordance with
the Conditions of Approval adopted per City Council Resolution No. 2020-03; and,
(2) If deemed acceptable, direct Staff to come back on December 7, 2021 with a
resolution to allow, with conditions of approval, burials on the rooftop of Inspiration
Slope Mausoleum via a Conditional Use Permit Revision.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Amy Seeraty, Senior Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. City Council Resolution No. 2020-03 (page A-1)
B. Rooftop Vault Agreement - July 19, 2016 City Council Report (page B-1)
C. Public Correspondence (page C-1)
BACKGROUND:
On February 19, 1991, the City Council certified a Mitigated Negative Declaration and
approved Conditional Use Permit (CUP) No. 55 for the Green Hills Cemetery Master Plan,
which plans for the development of the cemetery site over the next 100 years.
On April 24, 2007, the Planning Commission certified a Mitigated Negative Declaration
and approved a Revision to CUP No. 55 (P.C. Resolution No. 2007-33), revising the
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Green Hills Cemetery Master Plan for the development of the cemetery site over the next
30 to 50 years, including additional grading to accommodate future interments and the
construction of mausoleum buildings. The CUP was subsequently updated in 2015, 2017,
2018, and most recently in 2020 via Resolution No. 2020-03 (Attachment A). As part of
this current resolution, Condition No. 1(f) requires that rooftop interments be subject to
City Council review as described in Condition No. 2(b). Green Hills Memorial Park (Green
Hills) is now requesting to utilize the rooftop of Inspiration Slope Mausol eum for
interments; hence, it is requesting review and approval from the City Council for this
activity.
In 2013, the City approved and
issued a building permit for the
construction of the Inspiration
Slope Mausoleum building
located in Area 2 of Green Hills
(outlined in yellow).
Construction of the mausoleum
building began in June 2015
and was finalized in March
2017. During construction,
Green Hills requested to be
allowed to store buried
concrete vaults on the roof of
the mausoleum. This would
allow the grading and
construction to take place in a
more condensed time frame (i.e., the roof would not need to be excavated and refilled at
a later time) the then-City Manager allowed this to take place, subject to an Agreement
that the Applicant would have to request permission to actually begin utilizing the buried
vaults for interments. Additionally, this Agreement stated that if for whatever reason the
City did not later approve the rooftop bu rials, Green Hills would waive its right to sue the
City. This Agreement (Attachment B) was presented to the City Council, which the Council
received and filed on July 19, 2016.
The above-referenced Agreement required that Green Hills submit for authorization for
burials to either the Director or the Planning Commission, as that was the procedure as
detailed in the CUP conditions of approval at that time. However, subsequent to this
Agreement being received and filed by the City Council in 2016, as mentioned above, the
CUP conditions of approval were amended in 2020 to require that any rooftop burials be
reviewed by the City Council, which is why this matter is before the Council this evening.
After the public notice was published, it was brought to Staff’s attention by the City
Attorney that the permission for rooftop interments must be memorialized not just through
a noticed public hearing at the City Council, but through a revision to the Conditional Use
Permit with updated conditions of approval. Therefore, consideration of the Applicant’s
request is being processed in two steps, the first step being the review of the request and
the second step, if the request is deemed acceptable, to come back on December 7, 2021
Inspiration
Slope
Mausoleum
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with a resolution memorializing allowing, with conditions of approval, burials on the
rooftop of Inspiration Slope Mausoleum via a Conditional Use Permit Revision.
DISCUSSION:
Green Hills now desires to begin utilizing the Inspiration Slope Mausoleum rooftop for
burials as it is trying to plan ahead for future space needs, while utilizing sites located
further away from property lines first when possible.
Inspiration Slope Mausoleum is located at the northeast corner of the Green Hills
cemetery. The mausoleum building lies approximately 140 feet from the northern property
line with the Peninsula Verde neighborhood at its closest point. Because of the location
and the topography in the area, the rooftop of the mausoleum is at a similar height to
several properties in the residential neighborhood to the north; thus, the rooftop is visible
to several properties located at higher elevations on Circle Verde Drive . The closest
burials would be taking place approximately 155 feet from the closest residential property
line, and approximately 167 feet away from the nearest residence.
There are several issues to consider when determining whether the City should allow
Green Hills to utilize the rooftop of Inspiration Slope Mausoleum for burials. These include
noise, patrol activity, alcohol use, etc. Green Hills has addressed such issues in Area 4,
which is the region immediately next to the northern property line wall , by practicing
certain voluntary policies and protocols, as well as those pursuant to CUP Condition
Nos. 6.f, 8.f, 14, 16, and 18, which include:
• Posting signs notifying park users of restrictions regarding disruptive behavior,
alcohol use, tents, barbeques, etc.
• Patrolling park grounds
• During every burial service, at least one employee of the cemetery attend s and
monitors services to ensure they are being conducted in compliance with the
Council-adopted Conditions of Approval and cemetery park rules
• Prohibiting music (any type, i.e., live or recorded, except taps), which also applies
to Area 2
Green Hills has committed to applying these same policies and protocols to burials on the
Inspiration Slope Mausoleum rooftop, and would be memorialized in the Conditions of
Approvals associated with this request.
Public Correspondence
In response to a public notice issued for tonight’s public hearing, Staff received two emails
(Attachment C) expressing concerns regarding the potential burials on the rooftop of
Inspiration Slope Mausoleum. However, the correspondents stated that they do not have
issues with Green Hills’ proposal for burials on the Inspiration Slope Mausoleum rooftop
with the caveat that Green Hills maintains the same methods of noise control that it has
implemented for Area 4, as bulleted above.
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The correspondents also asked that that to alleviate any concerns with Green Hills’
proposal, the same signs regarding prohibited activities on the overall site, and more
specifically, in Area 4, be posted at the Inspiration Slope Mausoleum rooftop, and that the
same voluntary patrol activity that takes place in Area 4 be continued as well.
In response to correspondents’ concerns, Staff has informed Green Hills that to allow the
rooftop burials at Inspiration Slope Mausoleum, it will need to post the same rules for
Inspiration Slope Mausoleum at the entrance to the rooftop, which apply to other areas of
the site, which include restrictions regarding alcohol use, tents, barbeques, etc. Further,
Staff has informed Green Hills that it needs to continue to patrol the Inspiration Slope
Mausoleum rooftop area as it does other areas of the site, including but not limited to
other areas of Inspiration Slope. Additionally, pursuant to Condition No. 6.f, Green Hills
must continue to have at least one employee attend and monitor every burial service to
ensure they are being conducted in compliance with these conditions of approval and
cemetery park rules.
It should also be noted that burials have already taken place in the area of Inspiration
Slope immediately to the southwest of the mausoleum. A noise issue related to a burial
service was raised in 2019 and was addressed by Green Hills’ staff. Staff is not aware of
any complaints since that time regarding this area.
Based on the above discussion, and subject to the continued restrictions and monitoring
by Green Hills, if the request is deemed acceptable, direct Staff to return with a resolution
permitting, with conditions of approval, the existing stored concrete vaults on the rooftop
of Inspiration Slope Mausoleum to be used for burials in accordance with City Council
Resolution No. 2020-03.
ADDITIONAL INFORMATION:
July 2021 Neighborhood Advisory Committee Meeting
On July 26, 2021, the required annual meeting of the Neighborhood Advisory Committee
(NAC) took place. Present at this meeting were two members of the Peninsula Verde
neighborhood. The Applicant informed the NAC at this meeting that it intended to submit
for authorization soon to start utilizing the roof of the Inspiration Slope Mausoleum for
burials, and no major concerns were raised at that time.
Annual Review
It should be noted that the Annual Review for Green Hills’ compliance with the conditions
of approval associated with the Master Plan is tentatively scheduled to be heard by the
City Council at the February 1, 2022 meeting. At that time, the City Council may add,
delete, or modify the conditions of approval as deemed necessary and appropriate. Prior
to the meeting, a public notice will be distributed to residents within a 500-foot radius, to
persons requesting notice, and to all affected homeowners associations in accordance
with RPVMC Section 17.80.090.
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Public Notice
On October 28, 2021, a public notice was published in the Palos Verdes Peninsula News,
and mailed to residents within a 700-foot radius, announcing that the City Council would
consider the use of the rooftop of Inspiration Slope Mausoleum for burials at a
miscellaneous hearing on November 16th 2021. A listserv message with the public notice
was sent to the Green Hills listserv subscribers on November 1, 2021 as well. As of the
date that this report was completed, Staff has received two emails in response to the
public notice, which are discussed above.
In anticipation of the City Council continuing the public hearing to its December 7 meeting,
Staff will be publishing a revised public notice on Thursday, November 18 advising the
public of the processing of a Conditional Use Permit Revision.
Environmental Assessment
The proposed use of the Inspiration Slope Mausoleum rooftop for burials is exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15304 (Minor
Alterations to Land) because the burials would occur consistent with the approvals and
CEQA determination, including that the adopted mitigation measures contained in P.C.
Resolution No. 2007-32 remain in full force and effect and have been incorporated into
City Council Resolution No. 2020-03, for the Master Plan.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify concerns with the proposal to utilize the permitted and previously installed
concrete vaults on the rooftop of Inspiration Slope Mausoleum for burials and direct
the Applicant to make specific revisions for consideration at a public hearing at a
date certain.
2. Deny the proposal to use the Inspiration Slope Mausoleum rooftop for burials.
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RESOLUTION NO. 2020-03
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 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, 20 14; and,
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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
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No. 2015-102, upholding in part and modifying in part the Planning Commission's I
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. 2020-03
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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 accommod.ate 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. 2020-03
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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
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entrance is located on Western Avenue, a major thoroughfare that accommodates the I
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 amendment, 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 mn'llmlze 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:
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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 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". 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
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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 I
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 I
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 Avenue that shall advertise no more than four annual events
and no more than two hours-of-operation changes (due to the
semiannual Davlight 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 Oast Monday in May)
• Easter Sunrise Service (March/April)
• Harvest Festival (October)
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• Let it Snow (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. Condition No. 20.5 is added to allow a traveling half-size replica of the
Vietnam Veterans Memorial, "The Moving Wall", to be displayed on the
property once per calendar year, as follows
20.5The Moving Wall (Traveling half-size replica of the Vietnam Veterans MemoriaO. 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 per calendar year.
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.
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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 I
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.
ity Clerk I
STATE OF CALIFORNIA )
CO.UNTY 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. 2020-03 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof he on January 21, 2020.
ity Clerk
Resolution No. 2020-03
Page 8 of 8
I
A-9
RESOLUTION NO. 2020-03
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.
Reso lution No. 2020-03
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Page 1 of 29
A-10
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. 2020-03
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A-11
2. Review of Future Improvements: Future improvements shall be in substantial
compliance with the Master Plan Revision approved by the Planning Commission on
April 24 , 2007 and July 22, 2014 , and the City Council on November 17, 2015 , as
indicated in these conditions of approval and will be reviewed by the Director of
Community Development ("Director") under Condition No. 2a or the City Council under
Condition No . 2b, as described below.
a. Director Review.
Unless the Director refers the application directly to the City Council as described
below, the following improvements may be reviewed by the Director through a Site
Plan Review , subject to appeal to the Planning Commission (or thereafter to the
City Council):
(1) Minor Modifications. Minor modifications to the approved plans or any of the
conditions that will achieve substantially the same results as would strict
compliance with such plans and conditions .
(2) Small Buildings. Except for mausoleums or unless otherwise addressed herein,
all other structures less than 120 square feet in size , including but not limited
to gazebos and shade structures, not exceeding 16 feet in height located
outside of the required setbacks , not on an extreme slope (35% or more), and
not on the roof of a mausoleum building.
PREVIOUSLY CONDITION NO. 1.j 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. 2020-03
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(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. 2020-03
Exhibit A
Page 4 of 29 A-12
A-13
(4) Any modification to the Master Plan or conditions of approval, including but
not limited to , new structures in undesignated areas of the Master Plan, which
shall be processed as a revision to the Conditional Use Permit (not Site Plan
Review).
The City Council shall consider all such matters only through a noticed public
hearing. Notice of the public hearing shall be published and provided to owners of
property within a 500-foot radius, to persons requesting notice, to all affected
homeowners associations, and to the property owner in accordance with Rancho
Palos Verdes Development Code Section 17 .80 .090 . At that time, the City Council
may determine that the proposed improvements are in substantial compliance or
add , delete, or modify the conditions of approval or the Master Plan, as deemed
necessary and appropriate . Written notice of the City Council's decision shall be
given to the property owner.
AMENDED ON JANUARY 3112017 PER RESOLUTION NO. 2017-03.
3. Building Silhouettes . Prior to construction of any building, including any substantial
modification or reconstruction of such buildings , the applicant shall install a certified
temporary frame silhouette before the City can deem the application complete . Once
the silhouette is constructed , a licensed engineer, land surveyor or architect must
certify that the silhouette accurately depicts the location, height and outline of the
proposed building .
PREVIOUSLY CONDITION NO. 1 i OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 I 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 I 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)
Reso lution No. 2020-03
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A-14
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 I 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 approx imately 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 I 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 3112017 PER RESOLUTION NO. 2017-03.
Reso lution No. 2020-03
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Page 6 of 29
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. 2020-03
Exhibit A
Page 7 of 29 A-15
A-16
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. Landscap ing 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
Reso lution No. 2020 -03
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Page 8 of 29
A-17
monitor services to ensure it is being conducted in compliance with these
conditions of approval and the cemetery park rules.
ADDED ON JANUARY 31 I 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. 2020-03
Exhibit A
Page 9 of 29
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 61 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 61 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. 2020-03
Exhibit A
Page 10 of 29 A-18
A-19
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. 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.
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Exhi bit A
Page 11 of 29
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. 2020-03
Exhibit A
Page 12 of 29 A-20
A-21
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 I 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.fOF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31 I 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 I 2016 PER RESOLUTION NO. 2017-03.
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(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 /Memoria l 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 I 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 I 2017 PER RESOLUTION NO. 2017-03.
AMENDED ON FEBRUARY 612018 PER RESOLUTION NO. 2018-07.
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(10)Mediation with Homeowners. Owners in the Vista Verde Condominium Project
have made objections and claims against the City concerning the fact that the
Pacific Terrace/Memorial Mausoleum is constructed at the 8 foot setback line
instead of the previous setback which existed before 2007. If requested by the
Vista Verde homeowners, Green Hills will undertake an appraisal to determine
if there has been a loss of real estate value resulting to the homeowners from
the construction of the Mausoleum and what that loss might be. Green Hills will
participate in a mediation process with the Vista Verde homeowners and
attempt to settle claims by such homeowners for values up to the amount of
the appraisal differential , using either the existing appraisal or a new appraisal
requested by the Vista Verde homeowners. City representatives will also
participate in this mediation on behalf of City. If the 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 April 4, 2015
(sheet A-0 only), that allows 3,323 square feet of single-story office additions, 648
square foot covered walkway extension , and 316 square foot covered entry to the
Administration Building.
PREVIOUSLY CONDITION NO. 1.1 .a OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31,2017 PER RESOLUTION NO. 2017-03.
b. Temporary Modular 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:
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(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.
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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.
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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 311 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 311 2017 PER RESOLUTION NO. 2017-03.
AMENDED ON FEBRUARY 61 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 311 2017 PER RESOLUTION NO. 2017-03.
AMENDED ON FEBRUARY 61 2018 PER RESOLUTION NO. 2018-07.
AMENDED ON JANUARY 211 2020 PER RESOLUTION NO. 2020-03
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. 2020-03
Exhibit A
Page 18 of 29 A-26
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:
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.
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)
•Let it Snow (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.
ii.The temporary sign shall be mounted to the primary identification sign.
iii.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.
iv.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. 2020-03
19.Construction:
Resolution No. 2020-03
Exhibit A
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A-28
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
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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 311 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 1 st of each year.
Park Hours: 7am to 5pm -Pacific Standard Time
7am to 7pm -Pacific Daylight Time
Mausoleum Hours: 7am to 4:30pm -Pacific Standard Time
7am 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. 2020-03
Exhibit A
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e.Non-Construction and Burial Related Activity. Excavation for removal and
replacement of vault tops and earth for preparation of interment sites, individual
placement of vaults for funeral services and operation of landscape maintenance
equipment shall be allowed in any area of the park between the hours of 7:00 a.m.
and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on
Saturday, Sunday, and federally observed holidays.
PREVIOUSLY CONDITION NO. 17 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
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.
ADDED ON JANUARY 21, 2020 PER RESOLUTION NO. 2020-03
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
Resolution No. 2020-03
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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 fa<;: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
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 .
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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-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 .
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
be called in the event that dust is visible from the confined fill locations described in
mitigation measure AQ-10 above , shall be posted and displayed on the fencing.
AQ-13: If stockpiling of earth material becomes necessary for ultimate use as backfill ,
stockpiling shall only be located in Area 5 and/or Area 6 of the Master Plan, and shall
be subject to conditions AQ-10, AQ-11 and AQ-12 above.
AQ-14: 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
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Page 24 of 29
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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 offill 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 7:00am and 4:00pm, 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 I 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 I 2017 PER RESOLUTION NO. 2017-03.
Resolution No. 2020-03
Exh ibit A
Page 25 of 29
23.Sewer and Water Facilities. The site shall be served by adequately sized water
system facilities as determined by the Los Angeles County Fire Department. All Los
Angeles County Fire Department requirements shall be satisfied prior to building
permit issuance for mausoleum buildings. Any new sewer and water facilities must tie
into local main lines. The usage of the site may be limited by the size and type of
sewage and water systems that can legally be installed
PREVIOUSLY CONDITION NO. 26 OF RESOLUTION NO. 2015-102.
24.Compliance With Authorities. Development shall comply with all requirements of
the various municipal utilities and agencies that provide public services to the site. On
an annual basis, the property owner shall provide the City with copies of permits from
the South Coast Air Quality Management District and Los Angeles County Fire
Prevention Bureau for storage of fuel. The property owner shall also provide copies of
permits from the Los Angeles County Fire Department, Hazardous Maintenance
Division Section and Fire Prevention Bureau, for the chemicals stored in the
embalming rooms in the Administration Building. Permits from the South Coast Air
Quality Management District for the crematory must also be provided.
PREVIOUSLY CONDITION NO. 31 OF RESOLUTION NO. 2015-102.
25.State Permits. On an annual basis, the property owner shall provide the City with
copies of current and valid permits and/or licenses from the State Cemetery and
Funeral Board.
PREVIOUSLY CONDITION NO. 32 OF RESOLUTION NO. 2015-102.
26.Encroachment Permits. Prior to conducting any work in the public right of way, such
as for curb cuts, dumpsters, temporary improvements and/or permanent
improvements, the property owner shall obtain an encroachment permit from the
Director of Public Works.
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
Resolution No. 2020-03
Exhibit A
Page 26 of 29 A-34
that a Planning requirement and a Building & Safety requirement are in conflict with
one another, the stricter standard shall apply.
PREVIOUSLY CONDITION NO. 36 OF RESOLUTION NO. 2015-102.
29.Enforcement.
a.Revocation. Should the property owner_fail to comply with any of these conditions
of approval or mitigation measures, after written notice to applicant and the
opportunity to cure, the City may initiate revocation procedures for this permit,
which shall include a public hearing. Notice of said public hearing shall be
published and provided to owners of property within a 500 foot radius, to persons
requesting notice, to all affected homeowners associations, and to the property
owner in accordance with Rancho Palos Verdes Development Code Section
17.80.090. Failure to comply with and adhere to all of these conditions of approval
may be cause to revoke the approval of the project pursuant to the revocation
procedures contained in Section 17.86.060 of the City's Municipal Code.
b.Administrative Citation. In addition to Condition No. 33.a, the property owner may
be subject to administrative citations as described in Section 1.16 of the City's
Municipal Code for failing to comply with all of these conditions of approval.
PREVIOUSLY CONDITION NO. 37 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
30.Submission Property Line Survey Maps. Within 30 days from November 17, 2015,
the property owner submitted a certified property line survey to the Director verifying
that the existing above ground interments and structures do not exceed 6-feet in
height outside of the required 5 foot setback along the west property line in the area
south of the Pacifica Mausoleum building (Area 1 ).
PREVIOUSLY CONDITION NO. 38 OF RESOLUTION NO. 2015-102.
AMENDED ON JANUARY 31, 2017 PER RESOLUTION NO. 2017-03.
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
Resolution No. 2020-03
Exhibit A
Page 27 of 29 A-35
A-36
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 l imitation, 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
Reso lution No. 2020-03
Exhi bit A
Page 28 of 29
A-37
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 (inc luding attorneys' fees) and liability for any damages, personal
injury or death, which may arise, directly or indirectly, from Green Hills or Green
Hills' agents, contractors, subcontractors, agents, or employees' operations under
the CUP, whether such operations be by the property owner or by any of the
property owner's agents, contractors or subcontractors or by any one or more
persons directly or indirectly employed by or acting as agent for the property owner
or any of the property owner's agents, contractors or subcontractors. Nothing
herein is intended to make the property owner liable for intentional wrongful and/or
reckless acts of City's officers , employees, agents, contractors or subcontractors.
f. Survival of Indemnity Obligations. All indemnity provisions set forth in this
Agreement shall survive termination of this Agreement or CUP for any reason other
than City 's default.
PREVIOUSLY CONDITION NO. 41 OF RESOLUTION NO. 2015-102.
34. 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 cond itions 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. 2020-03
Exhibit A
Page 29 of 29
B-1
36
RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
MEETING DATE: 07/19/2016
AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to receive and file a report on the Inspiration Slope
Mausoleum Waiver of Claims at Green Hills Memorial Park.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a report on the Waiver of Claims between the City and Green
Hills for the storage of rooftop vaults on the Inspiration Slope Mausoleum building
at Green Hills Memorial Park.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: So Kim, Senior Planner ~
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development·~
APPROVED BY: Doug Willmore , City Manager(/Vv--J
ATTACHED SUPPORTING DOCUMENTS:
A. Waiver of Claims for Inspiration Slope Rooftop Burials (page A-1)
BACKGROUND AND DISCUSSION:
In 2013, the City approved and issued a building permit for the construction of the
Inspiration Slope Mausoleum building. Construction of the mausoleum building began
in June 2015 and the building permits for the structure are set to expire in December
2016 while the related grading permits are set to expire in November 2017, unless
extensions are granted.
As the City Council is aware, the City and Green Hills reached an understanding that if
Green Hills executed an agreeable waiver that Green Hills would be allowed to place
and bury concrete vaults on the rooftop of the Inspiration Slope Mausoleum building,
provided that they do not use the vaults for burials until first obtaining approval through
a public hearing process. The City Manager decided that it was in the City's best
interest to seek this arrangement for the benefit of the residents in the Peninsula Verde
neighborhood. He determined that this arrangement benefits RPV residents for two
reasons : (1) Storing the vaults on the rooftop meant that most residents could not see
them (especially when compared to storing in Area 5 or on the surrounding hillside
around Inspiration Slope); and, (2) Being able to backfill the rooftop area meant that the
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construction and earth moving around Inspiration Slope could stop construction related
activity leading to noise , dust, and neighbor complaints . The City Manager believed it
was in the City 's best interests to take steps to bring the construction to an end to the
benefit of the surrounding neighbors . The City Attorney memorialized the written waiver
between the City and Green Hills, in which Green Hills promises to not sue the City for
damages if approval for rooftop burials is not granted .
A copy of the signed Waiver of Claims is provided (Attachment A). Among other things,
the signed Waiver includes the following language :
1. That Condition 1 k of the City Council-adopted conditions of approval provides for
review of rooftop burials by the Director, or directs the referral to the Planning
Commission, and that, given this Condition, Green Hills may not perform such
rooftop burials without the prescribed administrative review and approval.
2. That without submitting its application and getting Director or Planning
Commission approval , Green Hills is not permitted to perform rooftop burials on
the Inspiration Slope Mausoleum .
3 . That Green Hills has requested that it be permitted to place the rooftop vaults
and bury them, and may do so, waiving any claims against City for damages
should the City subsequently not approve the rooftop burials . "However, in the
event that the City decides to deny any application to perform rooftop burials ...
Green Hills agrees not to utilize the buried concrete vaults for rooftop
burials ... and releases the City from any liability or damages to Green Hills
related to the placement of the vaults arising from such decision , and assumes
all risks therefore."
4. Green Hills agrees that the provisions of the Waiver are reasonable and do not
impose an undue burden on Green Hills .
5. Green Hills agrees that requiring an application for approval of rooftop burials is
within the City 's police power, and that the City has the authority to exercise its
police power or governmental authority , or take other appropriate actions to
address issues of public health, safety, and welfare .
6. The City shall not be liable to Green Hills for any loss or damages related to the
placement of the vaults whatsoever, and waives the right to future claims for
damages arising out of the City's rejection of any application for rooftop burials ,
but Green Hills reserves the right that it has always had to challenge the validity
of any such denial .
7. Green Hills agrees to indemnify and defend the City against third-party claims
arising from the City 's agreement to allow the placement of the vaults.
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In summary, Green Hills agrees that they do not have the right to perform rooftop
burials without first obtaining approval from the City through a public hearing process;
that it is within the City 's police power to require this process; that should the City deny
their request even after the vaults are placed, they cannot seek damages against the
City; that they have reserved the right to seek to overturn such denial by legal process;
and that they agree to defend the City against third-party claims . With this Waiver,
Green Hills may bury the vaults on the rooftop of the Inspiration Slope building. The
executed agreement has been posted on the City's Green Hills webpage for public
review (http ://www.rpvca.gov/376/Green-Hills-Memoria i-Park-Master-Pian ) and a list-
serve message linking to the agreement and this City Council agenda report was
transmitted on July 12, 2016 .
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CITY OF RANCHO PALOS VERDES
OFFICE OF THE CITY MANAGER
June 28, 2016
Mr. John Resich
Chairman of the Board
Green Hills Memorial Park
27501 S. Western Avenue
Rancho Palos Verdes, CA 90275
Re: Inspiration Slope Rooftop Burials; Waiver of Claims
Dear Mr. Resich:
This letter memorializes the agreement between the City of Rancho Palos Verdes (City)
and Green Hills Memorial Park (Green Hills) regarding the placement of concrete vaults on the
rooftop of the Inspiration Slope Mausoleum (the Mausoleum) by Green Hills. The representatives
of the parties reached an oral understanding to permit placement of concrete vaults on the rooftop
of the Inspiration Slope Mausoleum provided that Green Hills agrees that the placement of the
vaults does not provide Green Hills with: (i) any entitlement to conduct rooftop burials on the
Mausoleum; or (ii) any claims for damages concerning the placement of the vaults should the City
deny Green Hills' application for rooftop burials on the Mausoleum. This letter agreement
confirms the oral understandings.
1. Factual Background
Green Hills operates a memorial park and cemetery located in the City. Green Hills'
operation and development of the memorial park is governed by the 2007 Master Plan, including
all later amendments (the Master Plan), and by City Council Resolution No. 2015-12, revising and
amending conditions of approval for Green Hills' Conditional Use Permit (CUP) and amending
the Master Plan (the Resolution). The Master Plan contemplates the construction of the
Mausoleum in Area 2 of the memorial park, and further contemplates the possibility of rooftop
burials thereon.
The CUP's conditions of approval were revised and updated due to a recent controversy
surrounding rooftop burials at another of Green Hill's mausoleums, the Pacific Terrace/Memorial
Terrace Mausoleum in Area 11. The rooftop burials in the Pacific Terrace Mausoleum are visible
from the condominium building just north of the structure, and have generated complaints and
litigation. The City has expended significant public resources to resolve the issues surrounding the
rooftop burials, and will expend significant further resources in the foreseeable future to resolve
the litigation.
30940 HAWTHormE ElLvo. 1 1\ANCHO IJALOS VmoEs. CA 90275-5391 1 (310} 544-52071 FI\X (310} 544-5291 1 wwwRI"VCAC30V
PRINTED ON 1\ECYCLED F'f\PER A-1
B-5
Mr. John Resich
June 28,2016
Page 2
Green Hills acknowledges that the Resolution amended Green Hills' CUP, which now
provides for an administrative substantial compliance review so that, except for improvements
consistent with the Master Plan or those subject to the Planning Commission, all improvements
must be reviewed by the Director to determine if they substantially comply with the Master Plan
(Condition l.k.). Condition l.k. specifically provides that review of an application for rooftop
burials can be performed by the Director. The Director can, at his or her discretion, refer a matter
directly to the Planning Commission. Condition 2 provides that the following matters are directly
reviewable by the Planning Commission: (i) the construction or modification of a mausoleum or
other significant building, (ii) any significant change to the grading, (iii) any development of a
future phase of Green Hills where the Master Plan has not designated a development plan or uses,
or (iv) any amendment to the Master Plan.
Thus, while rooftop burials at Inspiration Slope are contemplated in the Master Plan,
Condition l.k. of the CUP now provides that Green Hills may not perform such burials prior to
obtaining administrative approval from the Director or the Planning Commission, pursuant to the
Resolution.
In anticipation of possible rooftop burials, Green Hills has purchased and with the oral
understanding memorialized herein, installed concrete vaults on the roof of the Mausoleum. Green
Hills intends to cover the vaults with dirt and ground cover, per Condition 22 of the CUP. However,
Green Hills has not to date filed an application to conduct rooftop burials at the Mausoleum per
Condition l.k of the CUP. Unless and until Green Hills obtains permission from the Director or
the Planning Commission, Condition l.k provides that Green Hills may not perform rooftop burials
at the Mausoleum.
Green Hills does not have a readily available storage space for the vaults which have been
ordered and has requested that it be allowed to (i) install the vaults on the roof top, and (ii) bury
and backfill them. The City Manager has agreed that Green Hills may store the empty concrete
burial vaults on the roof of the Mausoleum, and that such vaults shall be buried and the entirety of
the roof shall be backfilled with dirt and ground cover, provided that Green Hills waives any claims
for damages against the City related to the placement of the vaults should rooftop burials not be
approved for the rooftop at the Mausoleum.
Accordingly, if Green Hills submits an application to perform rooftop burials at the
Mausoleum, and should the application be approved by the City, the concrete vaults may be
utilized for that purpose. However, in the event that the City decides to deny any application by
Green Hills to perform rooftop burials at the Inspiration Slope Mausoleum, Green Hills agrees not
to utilize the buried concrete vaults for rooftop burials unless and until it complies with applicable
laws and releases the City from any liability or damages to Green Hills related to the placement of
the vaults arising from such decision, and assumes all risks therefore, as provided below.
Based on the above, and on the City's police power expressly granted to it by state law,
Green Hills agrees that the provisions of this Agreement are reasonable and do not impose an
undue burden on Green Hills, and that the provisions of this Agreement are consistent with the
agreed-to conditions of approval in the Resolution.
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Mr. John Resich
June 28, 2016
Page 3
2. Waiver of Claims Against the City.
Green Hills acknowledges that any future application for rooftop burials at the Inspiration
Slope Mausoleum is within the City's police power expressly granted to it by state law to grant or
deny and is consistent with Condition 4l.a. of the CUP. Further, the City shall not be liable to
Green Hills for any loss or damages related to the placement of the vaults whatsoever arising out
of the City's denial of any such application for rooftop burials at Inspiration Slope. Green Hills
waives all rights to future claims for damages arising out of the City's rejection of Green Hills'
application for rooftop burials at the Inspiration Slope Mausoleum, but reserves the right to legally
challenge the validity of any such denial except as may be otherwise provided herein. Green Hills
further acknowledges that the denial of such an application does not constitute a compensable
interest that would give rise to a takings or other monetary claim.
3. Police Power.
Green Hills acknowledges that the City_has the authority to grant or deny discretionary
applications for uses within the City in part based on concerns of public health, safety, and welfare.
Green Hills agrees that the City retains its authority to determine the appropriateness of rooftop
burials at the Mausoleum at a future date.
Nothing in this Agreement, shall limit the City's authority to exercise its police powers or
governmental authority, or take other appropriate actions to address issues of public health, safety,
and welfare. Green Hills acknowledges that no rights arise under this Agreement as to the City's
police power, including but not limited to, the approval or denial of any required permits. Further,
this Agreement does not constitute a development agreement pursuant to Government Code
Section 65864, and thus the Mausoleum remains subject to all applicable statutes, ordinances,
regulations, and codes.
4. Indemnity.
Green Hills, as a material part of the consideration to the City, shall indemnify, defend,
protect and hold the City, its officers, directors, agents, representatives, City Council members and
employees (collectively, "City"), harmless from and against all liens and encumbrances of any
nature whatsoever which may arise from this Agreement or in the exercise of Green Hills' rights
hereunder, and from any and all claims, causes of action, liabilities, costs and expenses (including
reasonable attorneys' fees), losses or damages arising from City's agreement to allow the
placement of the concrete vaults on the rooftop of the Inspiration Slope Mausoleum, or any act or
failure to act of Green Hills or Green Hills's agents, employees, construction workers, or invitees
(collectively, "Green Hills"), except those arising out of the sole willful misconduct ofthe City.
5. Waiver of Civil Code Section 1542.
By releasing and forever discharging claims both known and unknown as provided herein,
Green Hills expressly waives any and all rights under California Civil Code Section 1542 in
connection with any Claim or Liability against the City. Civil Code Section 1542 provides:
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Mr. John Resich
June 28, 2016
Page 4
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
Green Hills waives and relinquishes any and all rights and benefits which it may have under
Section 1542 of the California Civil Code and any similar code provision or protection. Green
Hills represents that it has performed a full and complete investigation of the facts pertaining to
this Agreement. Nevertheless, Green Hills acknowledges and is aware that it may hereafter
discover facts in addition to or different than those which it now knows or believes to be true with
respect to potential claims, allegations, events and facts set forth herein, but it is Green Hill's
intention hereby to fully and finally settle and release any and all matters, disputes, and differences,
known or unknown, suspected or unsuspected, which may exist, as against the City, and in
furtherance of this intention, the release herein given shall be and remain in effect as a full and
complete general release notwithstanding discovery or existence of any such additional or different
facts.
6. Integration; Amendment.
This Agreement contains all of the agreements of the parties and cannot be modified,
terminated, or rescinded, in whole or in part, except by an instrument in writing signed by all
parties hereto. Green Hills acknowledges that it was permitted to commence installation of the
concrete vaults based on an oral understanding consistent with the terms hereof and which is
memorialized in this letter agreement. Green Hills agrees that it cannot use the fact that it was
allowed to install the vaults pursuant to this agreement against the City or the validity of the City's
actions in any manner in any subsequent legal proceeding.
7. Interpretation and Enforcement; Governing Law.
This Agreement shall be construed and interpreted both as to validity and performance of
the parties in accordance with the laws of the State of California. Legal actions concerning any
dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and
maintained in the Superior Court ofthe County of Los Angeles, State of California, or in any other
appropriate court with jurisdiction in such county, and the parties agree to submit to the personal
jurisdiction of such court.
8. Prevailing Party Attorney Fees.
In the event that either party shall commence any legal action or proceeding to enforce or
interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to
recover its costs of suit, including reasonable attorneys' fees. The venue for any litigation shall be
Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding, the
interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by
any rules of interpretation providing for interpretation against the party who causes the uncertainty
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Mr. John Resich
June 28, 2016
Page 5
to exist or against the drafting party. This Agreement shall be governed by and interpreted under
the laws of the State of California.
9. Severability.
If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably
possible.
Please carefully review the terms of this letter agreement and, if you find them acceptable,
execute the enclosed copy. This agreement may be executed in counterparts and by fax signature.
By signing below, Parties represent and warranty that they have authority to bind the Parties to
this Agreement. Please return the executed letter agreement by fax and by enclosing an executed
original in the envelope provided.
Cc: City Council
City Clerk
Sincerely,
Doug Willmore
City Manager
I HAVE RECEIVED THE ORIGINAL OF THIS LETTER AGREEMENT AND
UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE TO THEM. I
HAVE THE AUTHORITY TO SIGN ON BEHALF OF AND BIND GREEN HILLS.
Dated: June 28, 2016
Chairman of the Board
A-5
From:David Turner
To:Amy Seeraty; vreher@cox.net
Subject:Green Hills request for roof top burials
Date:Friday, November 5, 2021 3:20:16 PM
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hi Amy,
I live on Peninsula Verde Drive, next to the cemetery wall. Here is my input on Green Hill's
request for permission to start roof-top burials.
I don't object to the idea provided that:
1) the rooftop is in a noise free zone,
2) that Green Hills maintain the same type of patrol activity as they do between the access
road and our wall with the same rules they have posted for the lower area regarding noise,
alcohol, drugs, sports, easy-ups, barbecues, etc.
I reiterate my long held belief that the Inspiration Slope roof-top is a high platform that
overlooks our neighborhood, and it is like a bandstand. Sounds emanating from there can
easily be heard over in our neighborhood, and can impact the entire neighborhood, not just
those of us living along the wall. It is essential that consistent noise abatement procedures be
implemented there. The track record of the handling of Inspiration Slope burials will be a big
factor in determining whether a second mausoleum should be built in the same area.
Thank you.
Dave Turner
C-1
1
Amy Seeraty
From:Vincent Reher <vreher@cox.net>
Sent:Monday, November 8, 2021 9:50 AM
To:Amy Seeraty
Cc:'David Turner'; Ken Rukavina; Octavio Silva
Subject:Re: Green Hills request for roof top burials
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Amy,
For background: Excessive noise emanating from Area 4 has been a concern of residents
adjacent to our shared border since at least 2001 when I first moved here. This noise
originated from 2 primary sources: (1) Funeral services conducted with loud brass
musical instruments, sometimes augmented by amplification; (2) Visitors who treated the
cemetery grounds as venue for impromptu parties or rambunctious play. All this was
happening literally right next door to our border residents.
The situation steadily worsened as Area 4 was developed up-hill until finally our HOA had
to formally get involved in 2015. This eventually culminated in modifications to the Green
Hill Conditions of Approval for their CUP that addressed most of the issues. This,
combined with thoughtful proactive measures implemented by Green Hills management,
has resulted in a vastly improved situation in Area 4.
The rooftop of the Inspiration Slope Mausoleum in Area 2 presents a unique environment
that can potentially present another source of noise problems. While not as immediately
adjacent to our neighborhood as Area 4, it is uniquely positioned to broadcast excessive
noise over a greater portion of our neighborhood since there is nothing to obstruct sound
emanating from that high platform. Dave's analogy of the area as a bandstand is quite apt.
It is a bandstand that happens to be directly in view and within earshot of my home! See
also the email forwarded below that was sent to me from by neighbor a few years ago that
also illustrates the potential issues.
To re-affirm what Dave has stated: If Green Hills endeavors to continue the same
successful practices they have put into place for Area 4, we will have no objection to them
conducting rooftop burials. My only question to you is: are any modifications to the
Conditions of Approval for Area 2 required to ensure that?
I want to conclude with a short commentary regarding a 3rd potential source of excessive
noise: grounds-keeping and landscaping activities. While this has not generally been an
issue of concern over the years, it certainly can become one as evidenced by my recent
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email to the Green Hills management team regarding the use of a gasoline powered leaf
blower in front of the mausoleum. Maybe this warrants further discussion during the next
quarterly Neighborhood Advisory Committee meeting.
Vincent Reher
Peninsula Verdes HOA
On Friday 05 November 2021, Amy Seeraty wrote:
> Also, one question regarding the noise. I know there are several conditions regarding
noise in the attached CUP Resolution. Can you clarify a bit further what you mean by
“noise free zone”? Thank you.
>
>
> Amy Seeraty
> Senior Planner
> amys@rpvca.gov<mailto:amys@rpvca.gov>
> Phone - (310) 544-5231
>
> [cid:image004.jpg@01D7D261.AA402470]
> City of Rancho Palos Verdes
> 30940 Hawthorne Blvd.
> Rancho Palos Verdes, CA 90275
> Website: www.rpvca.gov<http://www.rpvca.gov/>
>
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>
> From: David Turner <davewturn@aol.com>
> Sent: Friday, November 5, 2021 3:20 PM
> To: Amy Seeraty <AmyS@rpvca.gov>; vreher@cox.net
> Subject: Green Hills request for roof top burials
>
> CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
>
> Hi Amy,
>
> I live on Peninsula Verde Drive, next to the cemetery wall. Here is my input on Green
Hill's request for permission to start roof-top burials.
>
> I don't object to the idea provided that:
> 1) the rooftop is in a noise free zone,
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> 2) that Green Hills maintain the same type of patrol activity as they do between the
access road and our wall with the same rules they have posted for the lower area
regarding noise, alcohol, drugs, sports, easy-ups, barbecues, etc.
>
> I reiterate my long held belief that the Inspiration Slope roof-top is a high platform that
overlooks our neighborhood, and it is like a bandstand. Sounds emanating from there can
easily be heard over in our neighborhood, and can impact the entire neighborhood, not
just those of us living along the wall. It is essential that consistent noise abatement
procedures be implemented there. The track record of the handling of Inspiration Slope
burials will be a big factor in determining whether a second mausoleum should be built in
the same area.
>
> Thank you.
>
> Dave Turner
>
---------- Forwarded Message ----------
Subject: Noise from rooftop of Inspiration Slope Mausoleum
Date: Wednesday 05 July 2017, 4:00:19 pm
From: Pat Akins <pfakins@yahoo.com>
To: Vince Reher <vreher@cox.net>, Bernadette Sabath <miminotchew@gmail.com>
Hi Vince and Bernadette,
Today about noon I heard the sound of a lawn trimmer/edger while I was inside my home,
which is not unusual nor annoying at that time of day on a Wednesday. I would not have
even noted it at all except that a few minutes later when I went outside I noticed a worker
walking on the rooftop of the Inspiration Slope Mausoleum and discovered that the sound
of the lawn trimmer was coming from there. I am not reporting this because of the sight of
him nor even the sound being unacceptable. What is notable I think, is the fact that a
relatively common noise at that height can carry to our neighborhood and could be heard
inside my house that has double pane windows and I am not even a resident on the border
nor at the height of the rooftop as some residents are.
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I just wanted to inform you of this incident in case it might be helpful in the future.
Thanks to both of you for all you do for our neighborhood.
Pat
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