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CC SR 20230221 01 - Green Hills Annual Review PUBLIC HEARING Date: February 21, 2023 Subject: Consideration and possible action to conduct the 2022 Annual Review of Green Hills Memorial Park’s compliance with the Conditions of Approval of Conditional Use Permit No. 155 and to approve revisions to CUP No. 155 on property located at 27501 S. Western Avenue (Planning Case No. PLCU2022-0009). Recommendation: (1) Receive and file a report finding that Green Hills Memorial Park is in compliance with its Conditional Use Permit; and, (2) Adopt Resolution No. 2023-__, approving Revision “F” to the approved Conditional Use Permit No. 155 thereby amending Condition No. 7 and approving a Major Grading Permit to allow the construction of a 2,800 ft2 crematorium building with 193.4 yd3 of associated grading to replace the cemetery’s existing cremation facility; and amending Condition No. 12.c, to reduce the total number of existing parking spaces in the Administrative Building parking lot from 95 to 93. 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Ferraro 3. Request for Staff Report: Mayor Ferraro 4. Staff Report & Recommendation: Amy Seeraty, Senior Planner 5. Council Questions of Staff (factual and without bias): 6. 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. 7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Ferraro 8. 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. 9. 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: 02/21/2023 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to conduct the 2022 Annual Review of Green Hills Memorial Park’s compliance with the Conditions of Approval of Conditional Use Permit No. 155 and to approve revisions to CUP No. 155 on property located at 27501 S. Western Avenue (Planning Case No. PLCU2022-0009). RECOMMENDED COUNCIL ACTION: (1) Receive and file a report finding that Green Hills Memorial Park is in compliance with its Conditional Use Permit; and, (2) Adopt Resolution No. 2023-__, approving Revision “F” to the approved Conditional Use Permit No. 155 thereby amending Condition No. 7 and approving a Major Grading Permit to allow the construction of a 2,800 ft2 crematorium building with 193.4 yd3 of associated grading to replace the cemetery’s existing cremation facility; and amending Condition No. 12.c, to reduce the total number of existing parking spaces in the Administrative Building parking lot from 95 to 93. FISCAL IMPACT: The applicant’s request does not result in a fiscal impact borne by the City. The Conditional Use Permit Compliance Review Fee of $4,294, the Conditional Use Permit Revision fee of $4,294, and the Major Grading Permit fee of $2,884 were paid by the Applicant. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner REVIEWED BY: Octavio Silva, Interim Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft City Council Resolution No. 2023-__ with Conditions of Approval (page A-1) B. Permit documentation from outside agencies (page B-1) C. 2022 Neighborhood Advisory Committee meeting minutes (page C-1) D. Public comments (page D-1) E. Master Site Plan (page E-1) F. City Council Resolution No. 2021-66 (page F-1) G. Proposed Plans (page G-1) 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 Memorial Park (Green Hills) Cemetery Master Plan, which called 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 Green Hills Cemetery Master Plan for the developmen t of the cemetery site over the next 30 to 50 years, including additional grading to accommodate future interments and the construction of mausoleum buildings. As part of this approval, Mitigation Measure No. AQ-14 of Resolution No. 2007-33 requires an annual compliance review to assess Green Hills’ compliance with the CUP’s Conditions of Approval. In 2014, the Planning Commission conducted the first annual review of the project, which was appealed and heard by the City Council. Section 17.60.50.D of the Rancho Palos Verdes Municipal Code (RPVMC) requires all subsequent annual reviews to be conducted by the same deciding body which took the final action. Accordingly, the City Council has conducted all subsequent annual compliance reviews, finding that Green Hills was operating in compliance with the Conditions of Approval and approving the following salient revisions to the Conditions of Approval for the project over the years: • November 17, 2015 – Allowing the mausoleum in Area 11 (i.e., Pacific Terrace/Memorial Terrace) to remain in accordance with its 2007 approvals and permits • January 31, 2017 – Reorganizing the conditions by topic and development area, as well as to further clarify or enumerate the conditions • February 6, 2018 – Clarifying existing conditions, permitting a fence/wall along the north and south property lines, improving dust control measures in Area 6, and amending the hours of operations • January 21, 2020 – o Changed the Neighborhood Advisory Committee meeting frequency to at least once each calendar year but no more than four times per calendar year (Condition No.17) o Allowed a temporary sign to be hung from the primary identification sign up to six times a year (Condition No.18) o Allowed 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) 2 No revisions to the Conditions of Approval were proposed as part of the 2018, 2020, and 2021 annual compliance reviews. The City Council received and filed reports at meetings on March 19, 2019, March 2, 2021, and February 1, 2022, finding that Green Hills was in compliance with the Conditions of Approval of its CUP. DISCUSSION: This report will discuss the 2022 Annual Review of Green Hills’ compliance with the Conditions of Approval of CUP No. 155 followed by the Applicant’s request to consider Conditional Use Permit Revisions and Major Grading Permit applications for the construction of a new crematorium building, ancillary site improvements and associated grading. 2022 Annual Compliance Review of the Existing Conditions of Approval Conducting an annual compliance review provides an opportunity for the City Council to assess the effectiveness of the existing conditions based on current operations and the ability to add, delete, and modify conditions based on changed circumstances or unforeseen impacts that may not have been addressed as part of the previous approval. Over the past year, the City has been monitoring Green Hills’ compliance with the Conditions of Approval adopted in Resolution No. 2021-66 (Attachment F) by the City Council. The City’s compliance review is discussed in the following order: 1. Green Hills’ compliance with action items; and 2. Green Hills’ compliance with operational Conditions of Approval. 1. Compliance with Action Items Below are salient conditions that require specific actions to be taken within a certain period, followed by Staff’s analysis. Conditions that have already been met and addressed in previous annual reviews are not included below. • Condition No. 2 – This condition outlines the review process for improvement requests allowed pursuant to the Conditions of Approval, including the pro per decision-making body for certain applications, the public noticing process, and the appeal process. The improvement request (listed below) over the past year has been properly processed in accordance with this condition, and Green Hills is in compliance with this condition. Specifically, Green Hills submitted the following application in 2022: ▪ Major Grading Permit (Case No. PLGR2022-0030) - In August 2022, an application was approved for a Major Grading Permit for a proposal to conduct 844.8 cubic yards of balanced grading (422.4 cubic yards of cut and 422.4 cubic yards of fill) to accommodate the installation of vaults in unimproved portions of the Alta Vista Gardens and Inspiration Slope areas in Area 2 of the Master Plan (Attachment E). 3 • Condition No. 17 – This condition requires Green Hills to establish a Neighborhood Advisory Committee (NAC) to meet at least once each calendar year, but no more than four times per calendar year, and provide reports to the City Council. The NAC was established in 2017, and prior to 2020, meetings occurred quarterly at City Hall, with the meeting summaries provided to the City Council through the Weekly City Manager’s Administrative Report. However, Condition No. 17 was modified in 2020, per City Council Resolution No. 2020-03, to instead require at least one, but no more than four NAC meetings, per calendar year. Staff held a virtual NAC meeting in July 2022. The meeting summary (Attachment C) was included in the August 3, 2022, Weekly City Manager’s Administrative Report. The minutes of the meeting are also available on the City’s Green Hills webpage at the following link: http://www.rpvca.gov/376/Green-Hills-Memorial-Park-Master-Plan. As one meeting was held during the 2022 calendar year, and because the meeting summary was provided to the City Council via the Weekly Administrative Report, Green Hills is in compliance with this condition. • Condition Nos. 24 and 25 – These conditions require Green Hills to submit permit documentation for the following: o Fuel storage from the South Coast Air Quality Management District and Los Angeles County Fire Prevention Bureau; o Chemical storage from the Los Angeles County Fire Department; Hazardous Maintenance Division Section and Fire Prevention Bureau; o Crematory operations from the South Coast Air Quality Management District; and o Current and valid permits and/or licenses from the State Cemetery and Funeral Bureau. On November 10, 2022 and February 13, 2023, Green Hills submitted the required permits which were reviewed and accepted by City Staff (Attachment B). Therefore, Green Hills is in compliance with Condition Nos. 24 and 25.d. • Condition 6.c – This condition allows for rooftop interments on Inspiration Slope Mausoleum subject to certain conditions approved by the City Council on December 7, 2021. These action item conditions include the requirement for Green Hills to install and maintain equipment to more closely monitor rooftop activities, and to install additional signs informing rooftop visitors of the cemetery rules. Green Hills staff provided City Staff with photographs documenting compliance with these conditions in 2022, as shown at the following link: Inspiration Slope Mausoleum Photos. City Staff reviewed these photos and confirmed they adequately show the required monitoring equipment and additional signage required by the updated Condition 6.c , and Green Hills staff has confirmed that all signage and cameras remain. 4 In summary, based on the discussion above, City Staff has determined that Green Hills is in compliance with the action item Conditions of Approval. 2. Compliance with Operational Conditions Below are the Conditions of Approval that regulate operations at Green Hills to minimize impacts to neighboring properties. The salient operational conditions include, but are not limited to, the following: • Condition No. 14 (Noise) - This condition requires that Green Hills shall conduct its activities on site to not create noise nuisances to neighboring properties and that no noise emanating from the property shall exceed 65 dBA at the common property lines abutting a Residential Zoning District. Green Hills has met this condition by continuing to implement various measures throughout the park, including prohibiting amplified music in areas adjacent to residences, limiting the length of time that the music plays, and having security patrol the perimeter of the site to ensure that no music is played from visitors’ car radios or portable radios. City Staff received a complaint in July 2022 about amplified sound coming from the rooftop of the Pacific Terrace Mausoleum, which is prohibited per Condition No. 11.h.5. City Staff reached out immediately to Green Hills staff who stated that at the time of making burial arrangements, the family was informed of the restrictions in the area that did not allow the use of amplified sound. Green Hills staff stated that there was a microphone used for approximately 20 minutes during a religious chant. As Condition No. 11.h.8 requires that Green Hills staff attend and monitor services to ensure it is being conducted in compliance with the conditions of approval and cemetery park rules, Green Hills staff acknowledged the mistake and immediately scheduled a refresher training to ensure all staff is aware of all the required CUP conditions of approval and related provisions. • Condition No. 16 (Security) – This condition requires that at least one security employee shall be on duty patrolling and monitoring activities on the property for the entirety of the cemetery operation hours. Green Hills has met this condition by providing the minimum security but has also retained additional security officers who patrol the site on Friday, Saturday, a nd Sunday, from 11 a.m. until the park closes, and are available on-call when needed as well. Additionally, at the July 2022 NAC meeting, members of the NAC noted appreciation for the good work completed by on-site security personnel. • Condition No. 19 (Construction) – This condition requires that construction on the site be maintained in a neat and orderly manner, including storage of equipment and supplies, proper disposal of trash and debris, and that Green Hills staff are properly trained in accordance with California Division of Occupational Safety and Health (Cal OSHA) rules. When City Staff recently visited the property, the grounds appeared to be free of trash and debris. 5 Additionally, Green Hills has stated that its employees complete Cal OSHA training as well as continuing education, on a regular basis. • Condition No. 20 (Hours of Operations) – This condition provides specific hours of operations, which include specific hours for the facilities, construction, and landscaping activities. Green Hills has informed Staff that cemetery staff goes through the park systematically and removes all visitors at the close of the property, with park hours as follows: Park Hours: 7 a.m. to 5 p.m. – Pacific Standard Time 7 a.m. to 7 p.m. – Pacific Daylight Time Mausoleum Hours: 7 a.m. to 4:30 p.m. – Pacific Standard Time 7 a.m. to 6:30 p.m. – Pacific Daylight Time • Mitigation Measures AQ-1 through AQ-Condition No. 14 – These conditions include various measures to protect air quality, including but not limited to the regular watering down of stockpiled fill and unpaved construction areas, discontinuing earth moving during periods of high wind, and limiting the speed of on-site construction vehicles on unpaved roads. During the July 2022 NAC meeting, there were concerns expressed regarding possible excessive swimming pool maintenance for the adjacent property owners, although it was acknowledged by an NAC member that the additional pool maintenance that seems to be required in the area could be due to pollen and/or dust from other sources. The NAC member also mentioned that she does not receive as many complaints now that there is a barrier of trees and shrubs adjacent to several properties but does still receive some dust complaints. Green Hills staff stated that a water truck is present on-site to address dust issues, and that it could also be the drought or nearby reservoir construction that is contributing to the dust issues. Staff has reminded Green Hills representatives about these air quality related mitigation measures, and that the y apply to both active grading operations, as well as stored soil. Most of the correspondence Staff has received since the last annual review ha s been related to the aforementioned noise issue at Pacific Terrace Mausoleum, a complaint about helium balloons on the site and the danger they pose to overhead electrical wires, and a complaint that vines at the rear of Pacific Terrace Mausoleum are damaging the fence at the Vista Verde Condominiums in Lomita. City Staff reached out to Green Hills staff regarding the helium balloons and they stated they have not sold these types of balloons at the site for several years. Additionally, Green Hills staff stated that they will remove these types of balloons if brought into the site by visitors, unless the balloons ar e firmly affixed to a stake in the ground and securely tied to be lower than 30 inches in height. Green Hills staff stated that they will be reaching out to the Vista Verde representatives to address an issue regarding vine maintenance in the aforementioned area. 6 In general, operational complaints submitted to City Staff have been substantially reduced over the past few years. Representatives of the abutting Peninsula Verde Homeowners Association (HOA) (to the north) and Rolling Hills Riviera HOA (to the south), who have made complaints in the past, have indicated that the operational impacts have improved over the past couple of years and that Green Hills has not only been responsive, but proactive in addressing operational concerns. Staff believes the number of complaints to the City continues to decline because Green Hills has been preemptive in identifying and addressing potential impacts before they become a problem, including informing residents of upcoming large visitations and events. Therefore, Staff believes Green Hills is in compliance with its operational conditions for 2022. Conditional Use Permit Revision In October 2022, Green Hills submitted a CUP Revision and Major Grading Permit applications for the construction of a new 2,800 ft2 crematorium building in Area 3 of the memorial park with a height of 24.06 feet and an attached 871.5 ft2 canopy as well as ancillary site improvements including 91 yd3 of on-site grading. The proposed project requires a CUP Revision because the construction of the crematorium building, and associated improvements were not included in the Green Hills Memorial Park Master Plan and corresponding CUP Conditions of Approval. More specifically, Condition No. 7 of the Master Plan and CUP only anticipated a 75,00 0 ft2 expansion of the existing Reflection Mausoleum in Area 3 of the memorial park with approximately 14,000 cubic yards of imported fill to accommodate the proposed expansion but did not contemplate a crematorium. A CUP Revision is also required to modify Condition No. 12.c in order to reduce the amount of on-site parking spaces in the Administrative Building parking lot from 95 to 93 in order to accommodate the construction of a driveway for the proposed crematorium building; while maintaining the 81 spaces per this condition. City Council consideration of the proposed project is also required for the construction of the 24.06- foot-high crematorium building, as Condition No. 2.b of the Master Plan and CUP requires that any structure over 16 feet in height be subject to review and approval by the City Council. In considering a CUP Revision, RPVMC §17.60.050(A) requires the City Council to make the following findings in reference to the property and project under consideration (RPVMC language is boldface, followed by Staff's analysis in normal type): 1. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. The project site will continue to be adequate in size and shape to accommodate the proposed crematorium building and reduction in parking. The proposed crematorium building will be located on an approximately 121 acres of a privately owned and operated cemetery facility within the City’s Cemetery Zoning District. The cemetery is bordered by residential uses to the north and south, a major street to the east (Western Avenue) and Rolling Hills Covenant Church and the Palos Verdes Reservoir to the west. The cemetery 7 operates Monday through Sunday, and consists of interments, mausoleum buildings, an office building, mortuary, chapel, flower shop, and a maintenance yard and related buildings. The proposed crematorium building will be located in Area 3 of the memorial park and sited to the west of the existing Administration Building parking lot. While CUP provisions allow for the construction of an expansion of the Reflection Mausoleum in Area 3 of the memorial park, the footprint of the proposed crematorium building will partially overlap with the footprint of the future Reflection Mausoleum expansion, which will be reduced in size to accommodate the proposed structure. Revisions to Condition No. 7 are proposed to reflect updates in the building and grading figures in Area 3 of the memorial park; specifically, to add the square footage and grading amounts proposed for the new crematorium building, and to accordingly reduce the previously proposed square footage and grading amounts currently listed in Condition No. 7 for the future Reflection Mausoleum expansion by the equivalent amount. The crematorium building is intended to replace the existing cremation facilities located in a basement garage in the Administration Building. That is, the existing cremation equipment will be relocated to the new building and the garage will be returned to vehicle and storage use. The proposed crematorium building will be located approximately 154 feet from the closest property line to the south. The proposed setback is consistent with CUP Condition No. 13.b (Setbacks for Above Ground Structures), which requires a 40-foot setback from the south property line. In terms of the proposal to reduce on-site parking in the area of the Administrative Building parking lot, Condition No. 12.c requires that a total of 81 parking spaces be maintained. The area is currently improved with 95 parking spaces and the project proposes to eliminate two spaces to construct a new driveway to the proposed crematorium building. The proposed reduction will result in total of the availability of 93 spaces available in the Administrative Building parking area, which is consistent with CUP provisions. As such, Condition No. 12.c is proposed to be updated to address this change as follows, with strikeout text removed, and bolded/underlined/italicized text to be added: 12.c. Parking Area. A total of 81 parking spaces shall be maintained (9 53 existing). AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . Staff believes the existing site is adequate in size and shape to accommodate the proposed crematorium building and reduction in parking spaces. Thus, this finding can be made. 2. 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. The proposed project will maintain vehicular access via two existing driveways from Western Avenue, which is a major arterial corridor within the City. Western Avenue has provided vehicular access to the project site since the Green Hills property first opened in the 1940s.The project does not propose to conduct more cremation services th an those currently being provided or to increase the amount of traffic generated by such services with the construction of the new building. The number of cremations is regulated by the 8 South Coast Air Quality Management District (SCAQMD), in that they regulate the amounts of natural gas that can be used per Green Hills’ current permit, as well as the amounts of particulate emissions that are allowed. Green Hills has not applied to increase the current levels of gas and emissions allowed per its current SCAQMD permit. If Green Hills proposes to modify SCAQMD permit provisions to potentially allow for increase in cremation services, Staff believes the site will continue to sufficiently carry the type and quantity of traffic generated by the proposed cremation building. More specifically, to alleviate traffic conditions within the project site, Green Hills implements a speed limit of 15 mph, which is enforced by its security staff, and there are stop signs at all major street intersections within the project site. In addition, to ensure parking is readily available for visitors, parking is controlled by attendants, with additional guest parking available on the streets within the project site. Thus, this finding can be made. 3. In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. The proposed crematorium building will not result in significant adverse effects on neighboring properties as it relates to aesthetics, building height, lighting, noise, parking, and air quality, as outlined below: Aesthetics The design of the crematorium building consists of metal siding and a metal roof that will be painted to match the colors of the existing Administration Building, and rather than one large exhaust pipe, two smaller chimneys that appear similar to residential chimneys will be proposed. The location of the proposed building is visible from the adjacent properties within the Rolling Hills Riviera neighborhood on Avenida Feliciano, the closest of which are located between approximately 30 to 35 feet below the proposed building pad. As Avenida Feliciano extends to the west away from the proposed building, the elevation increases to around 25 feet above the proposed building pad. Staff received public comments expressing concern that although the proposed building was a similar height to the existing Administration Building, it appeared bulky and massive from the Avenida Feliciano properties that are closest to the proposed crematorium building. The public comments suggest that vegetation should be planted along the proposed building to screen views of the south façade of the building that faces the properties on Avenida Feliciano. It should be noted that when Staff visited the project site in late January, Green Hills was in the process of accumulating podocarpus plants for the installation and screening around the southern façade of the proposed building. As can be seen in Photo No. 1 below, which was taken from the interior road within Green Hills and observed at a lower elevation than the building pad , existing plantings in the area along with new plantings should provide adequate screening for the lower portion of the proposed building. 9 Photo No. 1 The western façade of the proposed crematorium building, which faces Areas 5 and 6 of the memorial park, is not proposed to be screened with tall hedges, but rather this façade of the building will be landscaped with small ornamental shrubs and flowers. Ad ditionally, this elevation will be partially screened from view by existing foliage, as observed in Photo No. 2 on the next page, which was taken from the same interior road within Green Hills as mentioned above, but a bit more to the west, and observed at a lower elevation than the building pad. Furthermore, the proposed canopy/patio cover attached to the crematorium building will provide visual interest and break up the façade to reduce the appearance of bulk and mass along the western fa cade of the proposed building. 10 Photo No. 2 In terms of aesthetic impacts associated with building fa cade treatments, although the roof and walls are proposed to be steel, as it is a prefabricated building , Green Hills proposes to paint the roof and walls to match existing conditions of the Administration Building. An additional comment was received expressing concerns with the installation and the appearance of exhaust facilities on the crematorium building. As proposed, the design of the crematorium building includes two roof-mounted chimneys, which will have more of an appearance of a standard chimney structure than a large exhaust pipe like the one found on the existing crematorium space. Building Height RPVMC §17.28.040.B allows a maximum building height of 16 feet for properties located in the Cemetery Zoning District, with anything taller requiring approval of a CUP by the Planning Commission. However, Condition No. 2.b of the existing CUP supersedes this requirement, and specifies that any structure over 16 feet in height that is proposed on the project site is subject to direct review and approval by the City Council. The proposed crematorium building will have a height of 24.06 feet, as measured from the highest existing grade (193.35 feet elevation) around the building footprint to the highest ridgeline (217.41 feet elevation) and a height of 23.91 feet, as measured from the lowest finished grade (193.5 feet elevation) around the building footprint, to the highest ridgeline (217.41 feet elevation). There are various properties to the south of the Green Hills that have views towards the property. Based on Staff’s analysis of aerial maps and site visits to the area, there will be no adverse view impacts because the proposed 24.06 foot tall building is located at the lowest elevation of the project site, around 190 feet in elevation, and the property increases by over 100 feet in elevation to the north of the proposed building; whereby the only impaired views would be of a small portion of the project site, which is 11 not a protected view. It is Staff’s understanding that Green Hills has reduced the height of the structure as much as possible, as some height is required for proper venting of the cremation facilities. Staff believes there will be no adverse impact to the adjacent properties if the City Council approves the structure to exceed 16 feet in height, as the proposed height is similar to the height of the existing Administration Building, and the lower portion of the structure will be screened from view from the properties to the south on Avenida Feliciano as previously discussed. Lighting Any lighting proposed for the new building would be required to comply with the lighting mitigation measures A-1 through A-3, listed within Condition No. 22 of the existing CUP. Additionally, one existing light pole in the parking lot is proposed to be relocated a few feet to the north, to accommodate a proposed driveway to the rollup door at the south elevation of the proposed building. The relocated light pole will continue to comply with the aforementioned lighting conditions, i.e., it shall be arranged and/or shielded to prevent direct illumination of surrounding property. Noise Green Hills will continue to be required to adhere to Condition No. 14 in the existing CUP, for the proposed crematorium building, which states: 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. The operation of the facility within the new crematorium building is not expected to emit discernable noise from the building. It should also be noted that it will be located approximately 68 feet farther away from the south property line than the existing cremation facility. Parking As previously stated, Condition No. 12.c requires that a total of 81 parking spaces be maintained in the Administration Building parking lot. The area is currently improved with 95 parking spaces and the proposed project would eliminate two spaces to construct a new driveway to the proposed crematorium building. The proposed reduction will result in the availability of 93 spaces available in the Administrative Building parking area, which 12 is consistent with CUP provisions. Accordingly, condition No. 12.c is proposed to be updated as stated above. Air Quality Staff has received several comments expressing concerns about the potential air quality and health impacts of the proposed crematorium building. It is important to note that the new building with cremation facilities is proposed to replace the existing cre mation facilities that are currently located in a basement garage of the existing Administration Building on the site, i.e., this is not new or in addition to the existing cremation facilities that have been onsite since the 1970s or 1980s. As mentioned above, the operation of the cremation facilities are regulated by the SCAQMD, and Green Hills has an active permit that regulates the amount of natural gas and emissions they are allowed. Staff believes the existing conditions and mitigation measures, as well as the permits ensuring the proper construction of the structure, which will be obtained from the Building and Safety Division, will ensure the safe construction of the crematorium building. Additionally, the existing OSHA and SCAQMD regulations will ensure the continued safe operation of the cremation facilities that will be transferred from the Administration Building to the new structure, mitigating any potential hazard or hazardous impacts to neighboring properties. Based on the above, Staff believes the proposed crematorium building would not have an adverse effect on adjacent properties or the permitted use thereof and this finding can be made. 4. The proposed use is not contrary to the General Plan. The use of the property for a crematorium building is consistent with the City’s General Plan, as the General Plan Land Use Map indicates that this parcel is within the Cemetery Land Use district. Additionally, Section 6.2 of the Visual Resources Element states that there are various developed areas of particular visual interest which should be preserved, which include Green Hills Cemetery along Western Avenue. Construction of the new crematorium building will allow Green Hills to improve their site by removing the existing exhaust pipe of the cremation equipment on the south façade of the Administration Building. The existing equipment will be integrated into the new building for a more streamlined appearance. The proposed crematorium building is located further from the adjacent properties on Avenida Feliciano than the current cremation facility, which will help to “…buffer and mitigate negative impacts on adjoining residential areas.” (Land Use Element Policy No. 13). Therefore, the proposed crematorium building, and associated improvements are not contrary to the General Plan. As such, this finding can be made. 5. If the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of [Title 17 (Zoning)], the proposed use complies with all applicable requirements of that chapter. 13 This finding is not applicable, as the subject property is not within any of the overlay control districts established by Chapter 17.40 of the RPVMC. 6. That conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed (including but not limited to): setbacks and buffers; fences or walls; lighting; vehicular ingress or egress; noise, vibration, odors and similar emissions; landscaping; maintenance of structures, grounds or signs; service roads or alleys; and 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 [Title 17 (Zoning)]. In addition to the revision of Condition No. 12.c, discussed above, which addresses the change in total parking spaces, Condition No. 7 will be modified to address the currently proposed grading and crematorium building to read as follows, with the deleted text in strikeout, and the new text in bolded/underlined/italicized: 7. Area 3 (Reflection Mausoleum Expansion and Crematorium Building): a. Grading. A total of approximately 14,00013,806.6 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. AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . b. Square Footage. Allow a new approximately 75,00072,200 square foot mausoleum building to the west of the existing mortuary, approximately 10,000 7,200 square feet of which will be above grade and approximately 65,000 square feet will be below grade, subject to City Coun cil 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. AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . c. Crematorium Building. Allow a new 2,800 ft2 crematorium building with an overall height of 24.06 feet along with an attached 871.5 ft2 canopy with 193.4 yd3 of on-site grading consisting of 45.4 yd3 of cut and 148 yd3 of fill. The new building will be located to the west of the existing Administration Building parking lot. Allowed ancillary site improvements include a new driveway to the south building façade, and the relocation of one existing parking lot light pole. i. BUILDING AREA CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR 14 TO THE FRAMING INSPECTION. ii. Unless modified by the approval of future planning applications, the approved crematorium building shall maintain a setback of at least 40 feet from the south property line (154 feet proposed). BUILDING SETBACK CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION FORMS INSPECTION. iii. The proposed crematorium building will have a height of 24.06 feet, as measured from the highest existing grade (193.35 feet elevation) around the building footprint to the highest ridgeline (217.41 feet elevation) and a height of 23.91 feet, as measured from the lowest finished grade (193.5 feet elevation) around the building footprint, to the highest ridgeline (217.41 feet elevation). BUILDING HEIGHT CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO ROOF SHEATHING INSPECTION. iv. The Applicant shall remove the project silhouette within seven days after a final decision has been rendered and the City’s appeal process has been exhausted. v. The proposed crematorium building shall be painted to match existing Administration Building to the Director’s satisfaction. ADDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- As noted above, all existing CUP Conditions of Approval along with the revised provision will remain and will continue to apply to the proposed crematorium building. The Conditions of Approval will mitigate potential impacts to adjacent properties and will protect the health, safety, and general welfare of the residents, businesses, and visitors of the City. The Conditions of Approval include provisions related to, but not limited to, on-site grading, noise, aesthetics, lighting, parking, and landscaping. As such, this finding can be made. Based on the above discussion, Staff believes all relevant CUP findings can be made for the proposed project and associated CUP revisions with the recommended modified conditions of approval. Major Grading Permit Pursuant to RPVMC §17.76.040, a Major Grading Permit is required for projects that result in an excess of 50yd³ (cut and fill combined) and/or result in a cut or fill greater th an 5 feet in depth. The proposed project involves 193.4 yd³ of grading, which includes 45.4 15 yd3 of cut up to 1.9 foot in depth and 148 yd3 of fill of up to 2.8 feet in depth in order to create a level building pad and blend the new building pad into the existing descending slope. Thus, a Major Grading Permit is required. RPVMC §17.76.040.E sets forth the criteria (in bold type) required in order for the City Council to approve a Major Grading application. Table No. 1 (on the following two pages) provides a summary of the Major Grading Permit Finding Nos. 1-9 set forth in RPVMC §17.76.040.E and also includes assessments of the project’s compliance with the required findings. Table No. 1- Permit Finding Analyses REQUIRED FINDINGS GRADING PERMIT REQUEST & ANALYSIS 193.4 yd3 total grading (45.4 yd3 cut and 148 yd3 fill) 1. The grading does not exceed that which is necessary for the permitted primary use of the lot. Yes, the property is in the Cemetery Zoning District. The proposed grading is intended to create a level building pad to accommodate a crematorium building, which will replace the existing cremation facilities in the Administration Building. 2. The proposed grading and/or related construction do not significantly adversely affect the visual relationships with, or the views from the viewing area of neighboring properties. Yes, the proposed grading does not significantly adversely affect the visual relationships with, nor the views from neighboring properties. The proposed crematorium building will not be visible from the neighboring residential properties in the neighborhood to the north. The proposed building will be visible from the residential properties to the south but will be partially screened by existing and proposed foliage Additionally, there will be no adverse view impacts because the proposed 24.06 foot tall building is located at the lowest elevation of the project site, around 190 feet in elevation, and the property increases by over 100 feet in elevation to the north of the proposed building; whereby the only impaired views from the properties to the south would be of a small portion of the project site, which is not a protected view. 3. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. Yes, the proposed grading will result in only 1.9 feet of cut at the north side of the building and 2.8 feet of fill at the south side of the building, with an area of 3:1 fill to connect the leveled building pad with the existing slope that descends to the south, and so will appear reasonably natural. Additionally, existing raised planters will be removed, creating a more natural transition from the parking lot to the building. 16 REQUIRED FINDINGS GRADING PERMIT REQUEST & ANALYSIS 193.4 yd3 total grading (45.4 yd3 cut and 148 yd3 fill) 4. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. Yes, the proposed grading is intended to level out a gradual slope to allow for a flat building pad, and as mentioned above, also includes an area of 3:1 slope to blend the building pad area with the existing descending slope, which will primarily be untouched. 5. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character. The proposed project is not a new single-family residence, so this finding is not applicable. 6. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials. The proposed project is not a new residential tract, so this finding is not applicable. 7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. The proposed project does not involve a new street, so this finding is not applicable. 8. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. The proposed project does not involve a natural landscape, so this finding is not applicable. 17 REQUIRED FINDINGS GRADING PERMIT REQUEST & ANALYSIS 193.4 yd3 total grading (45.4 yd3 cut and 148 yd3 fill) 9. Conformance with Grading Criteria (a-f) The proposed grading conforms to the Grading Criteria as the project does not propose grading on slopes over 35% steepness (a); does not propose finished slopes beyond 35% in steepness (b); proposed cut and fill does not exceed 5 feet depth (c); proposed grading will not occur on slopes over 50% steepness (d); no retaining walls are proposed (e); and proposed driveway to the cremation building is designed with 20% maximum slope permitted, with a single 10-foot-long section up to 22% (f). Based on the above, Staff believes the findings for the requested Major Grading Permit can be made to support the proposed project. ADDITIONAL INFORMATION: Public Notice After the public notice was distributed, Staff determined the proposed area of 2:1 slope did not comply with Condition No. 1.d, which states: 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. Accordingly, Green Hills submitted updated plans replacing the originally proposed 2:1 (50%) transitional slope between the proposed building pad and the existing descending slope, with 3:1 (33.3%) transitional slope, which now complies with Condition No. 1d. However, to accomplish this more gradual transition between the proposed building pad and the existing descending slope, additional fill is required beyond the 91 yd3 listed in the distributed and published public notice. Thus, the currently proposed grading now consists of 193.4 yd3, with the same amount of cut (45.4 yd3), and now 148 yd3 of fill, instead of the originally proposed 45.6 yd3 of fill. Public Correspondence On February 2, 2023, a public notice was published in the Palos Verdes Peninsula News and mailed to residents and HOAs within a 700-foot radius of the project site, announcing that the City Council would conduct the annual Conditional Use Permit Compliance review, and consider a request to revise Green Hills Memorial Park Master Plan and Conditional Use Permit No. 155 to allow a new crematorium building with associated grading. A listserv message with the public notice was sent to the Green Hills listserv subscribers on February 8, 2023. As of the date that this report was completed, Staff 18 received several comments (Attachment D) in response to the public notice. The comments outlined concerns with air quality, aesthetics, and landscaping , which are all addressed in the various sections of this staff report. Neighborhood Advisory Committee (NAC) City Staff met with members of the Green Hills NAC and Green Hills Staff on February 9, 2023, to discuss the proposed project. The Green Hills NAC consists of Green Hills staff, City Staff, and members of the adjacent Homeowners Associations, including the Peninsula Verde and the Rolling Hill Riviera neighborhoods. At this meeting, only one member from each neighborhood was present, in addition to City Staff and Green Hills staff. A concern about potential impacts to air quality was the primary question that was raised during the meeting, which is addressed in the “Conditional Use Permit” section of this report. A question was also raised about whether the area labeled “future cr emator” on the floor plan meant that Green Hills was proposing to expand the cremation facilities in the near future. Green Hills staff answered that even though they would have the room for the additional equipment, it is not being proposed in the foresee able future. Additionally, if Green Hills wished to propose installation of the additional cremation equipment in the future, it would be subject to the regulatory permit process through the SCAQMD, which may involve public noticing. In compliance with Con dition No. 17, the Green Hills NAC is required to meet at least once a year and will likely meet again toward the end of this year, to discuss the 2023 Compliance Review. Additionally, Staff will be holding a second NAC meeting on February 16, 2023, to ans wer any NAC member project related questions who were not able to attend the February 9, 2023 NAC meeting. Environmental Assessment The proposed crematorium building, associated grading and reduction of two parking spaces is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15061(b)(3) (“common sense exemption”), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. There is already a crematorium on site, which is being decommissioned as part of the project, so any effects of the new crematorium will not exceed existing impacts on the project site. Furthermore, the new building, which will house the crematorium, is similar in size to a single-family dwelling and is located on a developed property. Additionally, the proposed new crematorium building will not create any additional environmental impacts, as the original Mitigated Negative Declaration (MND) for the development of the project site and subsequent addendums anticipated development within this same Area 3 of the site, and the future mausoleum expansion will be reduced to accommodate the new building. Moreover, even with the reduction of two parking spaces, the property will still meet the City’s minimum parking requirements. This project is also exempt from CEQA pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the new structure is less than 10,000 ft2, will not use significant amounts of hazardous substances, all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 19 apply: It is not located in a particularly sensitive environment or location, it will not have cumulative impacts since it is replacing one crematorium with another and thus preserving the status quo, there are no unusual circumstances applicable to this project, it will not damage any scenic resources, it is not located on a hazardous waste site, and it will not affect historic resources. Finally, all mitigation measures contained in the approved Mitigation Monitoring Program contained in P.C. Resolution No. 2007-32 for the Mitigated Negative Declaration, shall continue to remain in full force and effect. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify areas of concern regarding the property owner’s compliance with the Council-adopted Conditions of Approval and direct Staff to address these concerns at a future public hearing. 2. Direct Staff to revise the language and/or conditions based upon Cit y Council discussion and public comment and either read into the record the revisions or continue this matter to a future public hearing. 3. Determine that Green Hills is not in compliance with the City Council -adopted Conditions of Approval and provide Staff and Green Hills with further direction. 4. Determine that Green Hills is not in compliance with the City Council -adopted Conditions of Approval but approve the proposed CUP Revision. 5. Determine that Green Hills is in compliance with the City Co uncil-adopted Conditions of Approval but deny, without prejudice, the proposed CUP Revision, requiring Staff to prepare a Resolution of denial and returning for City Council consideration at the next available City Council Meeting. 6. Take no action. 20 Resolution No. 2023-__ Page 1 of 40 RESOLUTION NO. 2023-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “F” TO THE APPROVED CONDITIONAL USE PERMIT NO. 155, THEREBY AMENDING CONDITION NO. 7 AND APPROVING A MAJOR GRADING PERMIT TO ALLOW THE CONSTRUCTION OF A 2,800 FT2 CREMATORIUM BUILDING WITH 193.4 YD3 OF ASSOCIATED GRADING TO REPLACE THE CEMETERY’S EXISTING CREMATION FACILITY; AND AMENDING CONDITION NO. 12.C, TO REDUCE THE TOTAL NUMBER OF EXISTING PARKING SPACES IN THE ADMINISTRATIVE BUILDING PARKING LOT FROM 95 TO 93, FOR PROPERTY LOCATED AT 27501 S. WESTERN AVENUE (GREEN HILLS MEMORIAL PARK). WHEREAS, on April 24, 2007, the Planning Commission adopted P.C. Resolution No. 2007-32, certifying a Mitigated Negative Declaration and adopted P.C. Resolution No. 2007-33, approving amendments to the Conditional Use Permit No. 155 for the Green Hills Master Plan, which called for development of the Green Hills Memorial Park (“Green Hills”) over the following 30 to 50 years, and allowed grading and mausoleum buildings to be constructed at various specified locations throughout Green Hills cemetery; and, WHEREAS, on November 25, 2008, the Planning Commission conducted an annual review and adopted P.C. Resolution No. 2008-47, approving a revision to the Master Plan at Green Hills cemetery; and, WHEREAS, on February 25, 2014, following complaints by the Vista Verde Condominium Association regarding the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, the Planning Commission conducted an annual review of Conditional Use Permit No. 155 and tentatively agreed to impose a 90-day moratorium on all ground burials and interments on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum while Staff identified new or revised conditions to address specific noise, visual, and privacy impacts identified by the Planning Commission based on public testimony, and continued the public hearing to March 11, 2014; and, WHEREAS, on March 11, 2014, the Planning Commission continued the public hearing to April 22, 2014, and again on May 13, 2014, August 12, 2014, and August 26, 2014, to allow Green Hills and the Vista Verde Condominium Association to continue their discussions regarding the existing Pacific Terrace/Memorial Terrace Mausoleum; and, WHEREAS, on October 28, 2014, the Planning Commission conducted a public hearing and unanimously agreed to impose specific operational conditions on Green Hills to minimize impacts from burial activity involving the Pacific Terrace/Memorial Terrace Mausoleum and continued the public hearing to November 11, 2014; and, A-1 Resolution No. 2023-__ Page 2 of 40 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-foot setback area along the western property line in the area south of the Pacifica Mausoleum building; directing Green Hills to submit a Variance application within 30 days to allow specific structures/interments that are located in setbacks to remain and imposing new conditions on the cemetery to avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11 of the Green Hills Master Plan; and, WHEREAS, on November 25, 2014, Ellen Berkowitz of Gresham, Savage Nolan & Tilden filed an appeal of the Planning Commission’s decision to the City Council on behalf of Green Hills Memorial Park, seeking to overturn the entirety of the Planning Commission’s decision; and, WHEREAS, on January 20, 2015, the City Council continued the public hearing, then again on September 1, 2015, and September 15, 2015, directing Staff to prepare a resolution upholding the Planning Commission’s action; and, WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-102, upholding in part and modifying in part the Planning Commission’s decision approving the compliance review for the Green Hills Cemetery and allowing the mausoleum building in Area 11 to remain in accordance with its 2007 approvals and permits and revising certain conditions of approval, and amending the Green Hills Cemetery Master Plan; and, WHEREAS, no Annual Compliance Review was conducted for 2015 since the 2014 Annual Review commenced on February 25, 2014, and extended through November 17, 2015; and, WHEREAS, on July 19, 2016, the City Council received and filed an agreement that allowed Green Hills to store buried concrete vaults on the roof of the Inspiration Slope Mausoleum and 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; 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, which included an updated requirement for all rooftop interments to be heard by the City Council; 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, A-2 Resolution No. 2023-__ Page 3 of 40 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. 155; and, WHEREAS, on January 21, 2020, the City Council conducted the 2019 annual review and adopted Resolution No. 2020-03, approving revisions to the Conditions of Approval as part of the 2019 Annual Review for the Green Hills Conditional Use Permit, which included the requirement that any rooftop burials at Inspiration Slope Mausoleum be reviewed by the City Council; and, WHEREAS, on March 2, 2021, the City Council conducted the 2020 annual review and found that Green Hills was in compliance with the Conditions of Approval of Conditional Use Permit No. 155; and, WHEREAS, on October 8, 2021, Green Hills submitted a request to begin utilizing previously installed concrete vaults for burial on the rooftop of the Inspiration Slope Mausoleum, which requires City Council review and approval pursuant to Condition No. 6.c of Resolution No. 2020-03; and, WHEREAS, on December 7, 2021, The City Council adopted Resolution No. 2021- 66, amending Condition of Approval No. 6 to allow burials on the rooftop of Inspiration Slope Mausoleum; and, WHEREAS, on February 1, 2022, the City Council conducted the 2021 annual review and found that Green Hills was in compliance with the Conditions of Approval of Conditional Use Permit No. 155; and, WHEREAS, on October 6, 2022, Green Hills submitted a request to construct a new 24.06 foot tall, 2,800 ft2 crematorium building with 193.4 yd3 of grading to replace the cemetery’s existing cremation facility, and elimination of two parking spaces, which requires City Council review and approval pursuant to Condition No. 2.b.1 (Review of Future Improvements) of Resolution No. 2021-66; and, WHEREAS, on February 2, 2023, a public notice for the proposed Conditional Use Permit Revision, Major Grading Permit and Annual Compliance Review was mailed to owners of property within a 700-foot radius of the project 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 Zoning Code; and, WHEREAS, the City Council held a duly noticed public hearing on February 21, 2023, at which time all interested parties were given an opportunity to be heard and present evidence. A-3 Resolution No. 2023-__ Page 4 of 40 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), the crematorium building, associated grading and reduction of two parking spaces is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15061(b)(3) (“common sense exemption”), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. There is already a crematorium on site, which is being decommissioned as part of the project, so any effects of the new crematorium will not exceed existing impacts on the project site. Furthermore, the new building, which will house the crematorium, is similar in size to a single-family dwelling and is located on a developed property. Additionally, the new crematorium building will not create any additional environmental impacts, as the original Mitigated Negative Declaration (MND) for the development of the project site and subsequent addendums anticipated development within this same Area 3 of the site, and the future mausoleum expansion will be reduced to accommodate the new building. Moreover, even with the reduction of two parking spaces, the property will still meet the City’s minimum parking requirements. This project is also exempt from CEQA pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the new structure is less than 10,000 ft2, will not use significant amounts of hazardous substances, all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply: It is not located in a particularly sensitive environment or location, it will not have cumulative impacts since it is replacing one crematorium with another and thus preserving the status quo, there are no unusual circumstances applicable to this project, it will not damage any scenic resources, it is not located on a hazardous waste site, and it will not affect historic resources. Finally, all mitigation measures contained in the approved Mitigation Monitoring Program contained in P.C. Resolution No. 2007-32 for the Mitigated Negative Declaration, shall continue to remain in full force and effect. Section 2: The City Council finds that Conditional Use Permit Revision “F” to allow for the construction of a new 2,800 ft2 crematorium building, replacing the cemetery’s existing cremation facility, in Area 3 of the Green Hills Memorial Park with a height of 24.06 feet and an attached 871.5 ft2 canopy as well as ancillary site improvements including 193.4 yd3 of on-site grading, parking lot improvements including a reduction of the total number of parking spaces in the Administrative Building parking lot from 95 to 93 is warranted based on the following findings: A-4 Resolution No. 2023-__ Page 5 of 40 A. The site is adequate in size and shape to accommodate the proposed use and for all the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. Specifically, the property is approximately 121 acres in size and is a privately owned and operated cemetery facility. The cemetery abuts residential properties to the north and south, a church complex and reservoir land to the west, and residential to the east. The proposed crematorium building will be located in Area 3 of the project site and sited to the west of the existing Administration Building parking lot. Additionally, the footprint of the crematorium building will partially overlap with the footprint of a future Reflection Mausoleum expansion, which will be reduced in size to accommodate the crematorium building. The existing cremation facilities in a basement garage space of the Administration Building will be relocated to the new building and the garage will be returned to vehicle and storage use. The crematorium building will be located approximately 154 feet from the closest property line to the south. This setback is consistent with CUP Condition No. 13.b which requires a 40-foot setback from the south property line. B. 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. Specifically, Green Hills Memorial Park, which has been in existence at this location since 1948 has its main entrance located on Western Avenue. Western Avenue is a major arterial corridor that accommodates the amount of vehicular traffic to and from the cemetery. The approved crematorium building will not negatively affect the traffic on Western Avenue as the project will not conduct more cremation services than those currently being provided and therefore will not increase the amount of traffic generated by such services with the construction of the new building. Furthermore, the site itself will continue to implement traffic calming conditions such as a speed limit of 15 mph, enforced by Green Hills security staff, as well as the observance of stop signs at all major intersections within the project site. C. The project will not result in a significant adverse impact on adjacent properties. Specifically, with respect to project aesthetics, the crematorium building consists of metal siding and a metal roof that will be painted to match the colors of the existing Administration Building, and rather than one large exhaust pipe, two smaller chimneys that appear similar to residential chimneys are part of the project design. Although the location of the proposed building is visible from the adjacent properties within the Rolling Hills Riviera neighborhood on Avenida Feliciano, existing plantings in the area along with new plantings will provide adequate screening for the lower portion of the approved building. The western façade of the approved crematorium building, which faces Areas 5 and 6 of the memorial park, will be landscaped with small ornamental shrubs and flowers and will be partially screened from view by existing foliage. Furthermore, the canopy attached to the crematorium building will provide visual interest and break up the façade to reduce the appearance of bulk and mass along the western façade of the proposed building. A-5 Resolution No. 2023-__ Page 6 of 40 The proposed building height will not result in a significant adverse effect on adjacent properties because the crematorium building will have a height of 24.06 feet, as measured from the highest existing grade (193.35 feet elevation) around the building footprint to the highest ridgeline (217.41 feet elevation) and a height of 23.91 feet, as measured from the lowest finished grade (193.5 feet elevation) around the building footprint, to the highest ridgeline (217.41 feet elevation). Although there are various properties to the south of the Green Hills that have views towards the property, there will be no adverse view impacts because the proposed 24.06 foot tall building is located at the lowest elevation of the project site, around 190 feet in elevation, and the property increases by over 100 feet in elevation to the north of the approved crematorium building; whereby the only impaired views will be of a small portion of the project site, which is not a protected view. And finally, the approved building will be similar to the height of the existing Administration Building, and the existing and proposed foliage at the south elevation of the building will screen the lower portion of the building, thereby minimizing the visual impact associated with the building height. Any lighting for the new building is required to comply with the lighting mitigation measures A-1 through A-3, listed within Condition No. 22 of the attached Conditions of Approval. The relocated light pole will continue to comply with the aforementioned lighting conditions, i.e., it shall be arranged and/or shielded to prevent direct illumination of surrounding property. With respect to project noise, Green Hills will continue to be required to adhere to noise provisions outlined in Condition No. 14 of the attached Conditions of Approval, and the operation of the facility within the new crematorium building is not expected to emit discernable noise from the building and located approximately 68 feet further away from the south property line than the existing cremation facility. Revisions to reduce parking spaces in the Administrative Parking lot from 95 spaces to 93 spaces will not result in a significant adverse impact on adjacent properties as the project will continue to comply with Condition No. 12.c of the Conditions of Approval, which requires that a total of 81 parking spaces be maintained. The project will not result in air quality impacts to adjacent properties, as the new building with cremation facilities will replace the existing cremation facilities that are currently located in a basement garage of the existing Administration Building. The operation of the cremation facilities will continue to be regulated by the South Coast Air Quality Management District, which issues the annual permit that regulates the amount of natural gas used and emissions allowed. Additionally, the existing Occupational Safety and Health Administration and South Coast Air Quality Management District regulations will ensure the continued safe operation of the cremation facilities that will be transferred from the Administration Building to the approved structure, mitigating any potential hazard or hazardous impacts to neighboring properties. A-6 Resolution No. 2023-__ Page 7 of 40 D. The proposed project, which includes the construction of a new crematorium building, is not contrary to the General Plan as the General Plan Land Use Map indicates that this parcel is within the Cemetery Land Use district. Additionally, Section 6.2 of the Visual Resources Element states that there are various developed areas of particular visual interest which should be preserved, which include Green Hills Cemetery along Western Avenue. Construction of the new crematorium building with integrated exhaust equipment allows Green Hills to improve their site by removing the existing exhaust pipe of the cremation equipment on the south façade of the Administration Building. Furthermore, the approved crematorium building will be located further from the adjacent properties on Avenida Feliciano than the current cremation facility, which will help to “…buffer and mitigate negative impacts on adjoining residential areas.” (Land Use Element Policy No. 13). And finally, the provision for a more aesthetically pleasing crematorium facility on the site may help to serve the cultural and social needs of the residents. E. The conditions regarding any of the requirements listed in this paragraph, which this City Council finds to be necessary to protect the health, safety, and general welfare, have been imposed (including but not limited to to): setbacks, building height, lighting and noise; as such conditions will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purpose set forth in this title (Title 17-Zoning). Attached hereto as Exhibit ‘A’ are conditions governing this use, both existing and modified conditions, all incorporated herein. As set forth above, this determination includes amending two existing conditions of approval of the Green Hills Master Plan to allow construction of the 2,800 ft2 crematorium building with an 871.5 ft2 canopy and 193.4 yd3 of associated grading and reducing the total number of parking spaces in the Administration Building parking lot from 95 to 93. The amendments to the conditions are summarized and shown below with the deleted text shown strike- through and new text in bold, underlined, and italicized: Condition No. 7 is amended as follows: 7. Area 3 (Reflection Mausoleum Expansion and Crematorium Building): a. Grading. A total of approximately 14,00013,806.6 cubic yards of imported fill shall be permitted for the mausoleum construction. i. PREVIOUSLY CONDITION NO. 1.b.ii OF RESOLUTION NO. 2015- 102. ii. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017- 03. iii. AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . b. Square Footage. Allow a new approximately 75,00072,200 square foot mausoleum building to the west of the existing mortuary, approximately A-7 Resolution No. 2023-__ Page 8 of 40 10,000 7,200 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. i. PREVIOUSLY CONDITION NO. 1. d OF RESOLUTION NO. 2015- 102. ii. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017- 03. iii. AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . c. Crematorium Building. Allow a new 2,800 ft2 crematorium building with an overall height of 24.06 feet along with an attached 871.5 ft2 canopy with 193.4 yd3 of on-site grading consisting of 45.4 yd3 of cut and 148 yd3 of fill. The new building will be located to the west of the existing Administration Building parking lot. Allowed ancillary site improvements include a new driveway to the south building façade, and the relocation of one existing parking lot light pole. i. BUILDING AREA CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO THE FRAMING INSPECTION. ii. Unless modified by the approval of future planning applications, the approved crematorium building shall maintain a setback of at least 40 feet from the south property line (154 feet proposed). BUILDING SETBACK CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION FORMS INSPECTION. iii. The proposed crematorium building will have a height of 24.06 feet, as measured from the highest existing grade (193.35 feet elevation) around the building footprint to the highest ridgeline (217.41 feet elevation) and a height of 23.91 feet, as measured from the lowest finished grade (193.5 feet elevation) around the building footprint, to the highest ridgeline (217.41 feet elevation). BUILDING HEIGHT CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO ROOF SHEATHING INSPECTION. iv. The Applicant shall remove the project silhouette within seven days after a final decision has been rendered and the City’s appeal process has been exhausted. A-8 Resolution No. 2023-__ Page 9 of 40 v. The proposed crematorium building shall be painted to match existing Administration Building to the Director’s satisfaction. ADDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- Condition No. 12.c is amended as follows: 12.c. Parking Area. A total of 81 parking spaces shall be maintained (953 existing). AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . Section 3: The City Council makes the following findings in support of the Major Grading Permit for 193.4 yd3 of approved grading (45.4 yd3 cut and 148 yd3 fill): A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The property is in the Cemetery Zoning District and the approved grading is intended to create a level building pad to accommodate a crematorium building, which will replace the existing cremation facilities in the Administration Building. B. The grading and/or related construction do not significantly adversely affect the visual relationships with, or the views from the viewing area of neighboring properties, as the approved crematorium building will not be visible from the neighboring residential properties in the neighborhood to the north. The approved building will be visible from the residential properties to the south but will be partially screened by existing and proposed foliage. Additionally, there will be no adverse view impacts because the proposed 24.06 foot tall building is located at the lowest elevation of the project site, around 190 feet in elevation, and the property increases by over 100 feet in elevation to the north of the proposed building; whereby the only impaired views from the properties to the south would be of a small portion of the project site, which is not a protected view. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural, as the approved grading will result in only 1.9 feet of cut at the north side of the building and 2.8 feet of fill at the south side of the building, with a small area of 3:1 fill to connect the leveled building pad with the existing slope that descends to the south. Additionally, existing raised planters will be removed, creating a more natural transition from the parking lot to the building pad. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography, as the approved grading will level out a gradual slope to allow for a flat building pad, and includes a small area of 3:1 slope to blend the building pad area with the existing descending slope, while leaving the majority of the existing slope ungraded. A-9 Resolution No. 2023-__ Page 10 of 40 E. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because there is no natural landscape or wildlife habitat in the grading area. Section 4: Modifications to Conditions. For the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings in this matter, and pursuant to Condition of Approval No. 2.b contained in Resolution No. 2021-66, the City Council of the City of Rancho Palos Verdes hereby adds to the Green Hills Cemetery Master Plan Conditional Use Permit, the amended conditions of approval that are set forth within the attached Exhibit ‘A,’ which is incorporated herein by this reference. Section 5: 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 February 2023. Mayor ATTEST: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2023-__, was duly adopted by the City Council of said City at a regular meeting thereof held on February 21, 2023. AYES: NOES: ABSENT: ABSTAIN: ______________________ Teresa Takaoka, City Clerk A-10 Resolution No. 2023-__ Page 11 of 40 EXHIBIT ‘A’ CONDITIONS OF APPROVAL GREEN HILLS CEMETERY MASTER PLAN 27501 WESTERN AVENUE 1. General; Consistency Master Plan: This approval is a Revision to the Green Hills Master Plan, and shall be consistent with the “Master Plan Amendment Submittal Package” booklet dated January 29, 2007, prepared by J. Stuart Todd Inc., which allows the following: a. Grading Between 1991-2004. Acknowledgment that the actual quantity of grading that has been conducted between 1991 through 2004, which is 288,814 cubic yards (cut and fill), is 89,475 cubic yards more than originally approved by the original Master Plan approved in 1991 through City Council Resolution No. 91-7; b. Additional Grading. Allow a total of 643,259 cubic yards of additional grading, which includes 97,964 cubic yards of import for all the various proposed mausoleum buildings, and all cut and fill associated with earth interments, including rooftop interments, throughout the cemetery site for the life of the Master Plan. Since the applicant has previously performed grading in excess of the provisions of the Master Plan, a topographic baseline survey prepared by Bolton Engineering Corp. showing all existing grades was accepted as the baseline topographic plan by the Director on April 12, 2016. All future grading will be measured against the City-accepted baseline topographic survey. For Area 6, any future grading will be measured against plans titled “Existing Conditions”, prepared by Bolton Engineering Corp. showing all existing grades and stamped approved by City Staff on October 17, 2011. Prior to any Grading Permit final, the applicant shall submit an as-built topographical survey prepared and wet-stamped by a licensed engineer depicting the finished grades. The imported fill material will be conducted in phases as each mausoleum building is constructed over an extended period of time over the next 30- to 50-years, as allowed herein. PREVIOUSLY CONDITION 1.b and 1.b.v OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. c. Storage of Excavations. Temporary storage (up to 72-hours) of Interments excavations is allowed provided that such excavation is covered or stored within an appropriate container. PREVIOUSLY CONDITION 1.g OF RESOLUTION NO. 2015-102. d. Slope Grades Maximum. Finish slopes and grades shall not exceed 3:1 and shall include the installation of erosion control methods, such as jute netting and plant material. PREVIOUSLY CONDITION 25 OF RESOLUTION NO. 2015-102. A-11 Resolution No. 2023-__ Page 12 of 40 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. 1h. PREVIOUSLY CONDITION 1g PER RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. f. Rooftop Interments. Rooftop interments shall be subject to City Council review as described in Condition No. 2b. Except as may otherwise be permitted by City Council, there shall be no above ground structures, including but not limited to, garden walls and above-ground headstones on the rooftop. Guardrails, pilasters and/or parapet walls approved as part of the building and benches up to 36-inches in height are permitted on the rooftop. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. g. Additional Interment Areas. Mausoleum building and garden areas shall be permitted to be retrofitted to accommodate niches and vaults throughout the property. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. h. Minor Cemetery Improvements. Minor cemetery improvements, including but not limited to, water features, garden walls, bench memorials, gardens, upright memorial features, statues, stone features (including stone landscaping features), cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges, cremation benches, outer interment containers and above ground vaults, and similar features up to 3 feet in height and headstones up to 6 feet in height shall be permitted throughout the cemetery and exempt from Condition No. 2, except for the required setback areas. In Area 4, headstones above 3 feet are prohibited and cemetery improvements shall not contain interments and/or niches. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. 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. 2. Review of Future Improvements: Future improvements shall be in substantial compliance with the Master Plan Revision approved by the Planning Commission on A-12 Resolution No. 2023-__ Page 13 of 40 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. 1k OF RESOLUTION NO. 2015-102. (4) Fences and Walls. Freestanding fences and walls, including perimeter walls, up to 8 feet in height shall be permitted throughout the property. Fences and walls (excluding perimeter fences and walls) located outside of structure setbacks may accommodate niches or vault interments and are not subject to interment setbacks. Perimeter fences and walls shall be solid. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. (5) Retaining Walls. Retaining walls shall be permitted throughout the property and may accommodate niche or vault interments. A-13 Resolution No. 2023-__ Page 14 of 40 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. (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). A-14 Resolution No. 2023-__ Page 15 of 40 The City Council shall consider all such matters only through a noticed public hearing. Notice of the public hearing shall be published and provided to owners of property within a 500-foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. At that time, the City Council may determine that the proposed improvements are in substantial compliance or add, delete, or modify the conditions of approval or the Master Plan, as deemed necessary and appropriate. Written notice of the City Council’s decision shall be given to the property owner. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 3. Building Silhouettes. Prior to construction of any building, including any substantial modification or reconstruction of such buildings, the applicant shall install a certified temporary frame silhouette before the City can deem the application complete. Once the silhouette is constructed, a licensed engineer, land surveyor or architect must certify that the silhouette accurately depicts the location, height and outline of the proposed building. PREVIOUSLY CONDITION NO. 1i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 4. Building Heights. Building height limitations are determined by these conditions. The heights of each building shall be certified by a registered Civil Engineer and submitted to the Community Development Department prior to Building Permit Final. New mausoleum buildings (including Inspiration Slope Mausoleum) shall not exceed 20- feet in height as measured from the highest existing/preconstruction grade elevation covered by the structure to the highest point of the structure (including railings and/or pilaster caps), and shall not exceed an overall height of 30-feet as measured from the lowest finished grade adjacent to the building to the highest point of the structure (including railings and/or pilaster caps). PREVIOUSLY CONDITION NO. 30 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 5. Area 1 (Pacifica): a. Structure Setbacks for the Pacifica Mausoleum: West: 15 feet (except for portions previously approved at 5 feet and 8 feet which may not be further modified) North: 40 feet East: 25 feet South: If abutting a residential zoning district, 40 feet. If abutting a nonresidential zoning district, 25 feet A-15 Resolution No. 2023-__ Page 16 of 40 b. Earth Interments: West: 0 feet North: 16 feet except for the 13 interments in the northwest corner and 6 plots already sold. c. Supervision. During every burial service located between the north property line and the adjacent roadway, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. d. Vegetation. Except for the existing hedge, drought tolerant, low maintenance and erosion controlling landscaping is required in the western setback adjacent to the Pacifica Mausoleum expansion. PREVIOUSLY CONDITION NO. 8 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 6. Area 2 (Inspiration Slope): a. Grading. Area will be constructed in a minimum of three phases over a period of 5- to 10-years (as funding and budgeting become available), with the initial phase completed in 2017. The construction will require adequate backfill to keep the adjacent earth Interments section at a consistent level. Cumulatively, upon completion, the project will have produced approximately 53,000 cubic yards of grading; however, each phase will require between approximately 10,000 to 15,000 cubic yards of import. Thus, it is estimated that approximately 40,000 cubic yards of import fill will be required for construction of the entire Inspiration Slope project. PREVIOUSLY CONDITION NO. 1.b.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. b. Mausoleum. The mausoleum on Inspiration Slope shall be located as shown on the Master Plan so as not to impair views from the Peninsula Verde neighborhood. Any new construction or expansion of the mausoleum shall require City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. c. Rooftop Interments. Rooftop interments are allowed on the rooftop of the Inspiration Slope Mausoleum, subject to the following conditions: (1) No gas-powered leaf blowers shall be used on the rooftop of the Inspiration Slope Mausoleum. A-16 Resolution No. 2023-__ Page 17 of 40 (2) During every burial service on the rooftop of the Inspiration Slope Mausoleum, at least one employee of the cemetery shall attend and monitor the service to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. (3) The property owner shall install and maintain monitoring equipment (examples may include but are not limited to cameras, motion detectors, etc.) to monitor Inspiration Slope Mausoleum rooftop activities. (4) The property owner shall install and maintain additional signs on the Inspiration Slope Mausoleum rooftop, which shall be clearly visible from all areas of the Inspiration Slope Mausoleum rooftop, informing visitors of the cemetery rules, which include but are not limited to, the prohibition of on- site consumption of alcoholic beverages, excessive noise and amplified music, and disruptive behavior. (5) With the exception of ground cover, no other vegetation shall be planted on the roof of the Inspiration Slope Mausoleum. AMENDED ON DECEMBER 7, 2021, PER RESOLUTION NO. 2021-XX. 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 and Crematorium Building): a. Grading. A total of approximately 13,806.6 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. AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . A-17 Resolution No. 2023-__ Page 18 of 40 b. Square Footage. Allow a new approximately 72,200 square foot mausoleum building to the west of the existing mortuary, approximately 7,200 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. AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . c. Crematorium Building. Allow a new 2,800 ft2 crematorium building with an overall height of 24.06 feet along with an attached 871.5 ft2 canopy with 193.4 yd3 of on- site grading consisting of 45.4 yd3 of cut and 148 yd3 of fill. The new building will be located to the west of the existing Administration Building parking lot. Allowed ancillary site improvements include a new driveway to the south building façade, and the relocation of one existing parking lot light pole. i. BUILDING AREA CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO THE FRAMING INSPECTION. ii. Unless modified by the approval of future planning applications, the approved crematorium building shall maintain a setback of at least 40 feet from the south property line (154 feet proposed). BUILDING SETBACK CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION FORMS INSPECTION. iii. The proposed crematorium building will have a height of 24.06 feet, as measured from the highest existing grade (193.35 feet elevation) around the building footprint to the highest ridgeline (217.41 feet elevation) and a height of 23.91 feet, as measured from the lowest finished grade (193.5 feet elevation) around the building footprint, to the highest ridgeline (217.41 feet elevation). BUILDING HEIGHT CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO ROOF SHEATHING INSPECTION. iv. The Applicant shall remove the project silhouette within seven days after a final decision has been rendered and the City’s appeal process has been exhausted. v. The proposed crematorium building shall be painted to match existing Administration Building to the Director’s satisfaction. A-18 Resolution No. 2023-__ Page 19 of 40 ADDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- 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. 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. 1h. 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. 10.d) for screening purposes. Landscaping shall be planted on the cemetery side and shall measure at least 8 feet in height from adjacent grade. A-19 Resolution No. 2023-__ Page 20 of 40 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 monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 9. Areas 5 and 6: a. Grading. Approximately 137,000 cubic yards of grading is permitted to accommodate future mausoleum buildings and earth interments. PREVIOUSLY CONDITION NO. 1.h OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. b. Excess Material/Stockpiling in Area 6. Excess earth material resulting from interment sites, ground spoils, construction, or site grading, shall be permitted to be stored/stockpiled. The property owner shall maintain a minimum 8 foot high chain link fence with a mesh material to reasonably screen, enclose, and confine Area 6, consistent with the plans on file and approved by the Director in February 2017, to mitigate any unsightly aesthetic conditions related to the stockpiling, storage of materials, and trash. Area 6 shall be regularly watered to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to Area 6 and a phone number(s) to be called in the event that dust is visible from Area 6, shall be posted and displayed on the fencing. PREVIOUSLY CONDITION NO. 1h OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. c. Mausoleums in Area 6. Allow 5 separate mausoleum buildings with each footprint measuring approximately 24,000 square feet, subject to City Council review as described in Condition No. 2b. d. Structure Setbacks: West: 5 feet South: 40 feet A-20 Resolution No. 2023-__ Page 21 of 40 e. Earth Interments Setbacks: West: 5 feet South: 20 feet (presumes 8 foot landscape buffer and 10 foot wide roadway) f. Landscape Screening. Landscaping shall be planted within 8’ of the future south perimeter wall on the cemetery side prior to the completion of the future roadway (refer to Condition No. 9g) for screening purposes. Landscaping shall measure at least 8 feet in height from adjacent grade. Neither the existing nor proposed landscaping shall significantly impair any near or far view as defined by the Development Code. The property owner shall be responsible for continuous maintenance of this landscaping. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. g. Road. The future road extension that parallels the south property line shall be completed prior to the City issuing a final occupancy permit for any building in Area 6. The future road extension that parallels the south property line shall be setback a minimum of 8 feet from the future wall to provide a landscape buffer as required in Condition No. 9f. Prior to construction, the future road shall include traffic calming measures as deemed acceptable by the Director of Community Development. PREVIOUSLY CONDITION NO. 27 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. h. Supervision. During every burial service, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. i. Historic Church in Area 6. Revision “D” to conditional use permit of the Green Hills permits the placement of an historic church building in Area 6 of the Master Plan, southwest of the existing duck pond. The church building measures less than 1,100 square feet in area, and has a steeple at the front of the building that is 7- feet wide, 7-feet deep, and 38-feet tall. (1) The church building may be used for funeral services only, and may not be used for congregational church services. Further, the existing bell may remain as a decorative feature only, and the bell or bell recordings may not be used. A-21 Resolution No. 2023-__ Page 22 of 40 (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. PREVIOUSLY CONDITION NO. 1.l 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:. A-22 Resolution No. 2023-__ Page 23 of 40 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. 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 A-23 Resolution No. 2023-__ Page 24 of 40 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. 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 3:00 p.m., Monday through Sunday (See Condition 17). PREVIOUSLY CONDITION NO. 1.3.5.a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. (2) Hours. Burials and all associated services on the roof top earth interments of the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. (3) Sales. Sales personnel shall be allowed to show potential roof-top earth interment plots on the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, only between the hours of 10:00 a.m. and 3:00 p.m. Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.f OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. (4) Haul Vehicle. The use of a mini-haul vehicle (which is illustrated in Green Hills’ power point presentation to the Planning Commission on May 13, 2014) shall be limited to pre-service interment preparation and post-service plot backfilling A-24 Resolution No. 2023-__ Page 25 of 40 of the rooftop earth interments during the hours of 10:00am and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. (5) Sound. The use of amplified sound is prohibited on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building. This prohibition shall not apply to the amplified sound for the playing of “Taps” as part of funeral services for military personnel and for police, fire and other first responders. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102. (6) Tenting. All services on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building shall be conducted within temporary covered tenting that is enclosed on a minimum of 2 sides, as illustrated in Green Hills’ power point presentation to the Planning Commission on May 13, 2014. One of the two covered sides shall be the north side facing the Vista Verde Condominium complex. Temporary tenting shall be erected no earlier than 2 hours prior to the burial service and shall be removed within 2 hours after the burial service. PREVIOUSLY CONDITION NO. 1.3.5.e OF RESOLUTION NO. 2015-102. (7) Notice to Property Owners. Small flags shall be placed on any interment site located on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum within 24 hours after a burial service has been scheduled for that site, to provide neighboring property owners with advanced notice of scheduled interment and burial services, unless burial will be in less than 24 hours from death in which case flags will be placed as soon as possible before the service. The property owner shall also post on its publicly accessible website (www.greenhillsmemorial.com) additional details concerning the anticipated time and date of scheduled burial services. PREVIOUSLY CONDITION NO. 1.3.5.g OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03.__ (8) Supervision. During every burial service occurring on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and cemetery park rules. PREVIOUSLY CONDITION NO. 1.3.5.h OF RESOLUTION NO. 2015-102. (9) Excluded Areas. In no event shall below-grade interments be allowed on the roof of the Memorial Terrace Mausoleum building that are within 16-feet from the northern property line. Specifically, plots illustrated in sections 540 through A-25 Resolution No. 2023-__ Page 26 of 40 553, as depicted in the attached Exhibit C of Resolution No. 2015-102, are hereby eliminated. PREVIOUSLY CONDITION NO. 1.3.5.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. (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 Inferrera 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. A-26 Resolution No. 2023-__ Page 27 of 40 c. Parking Area. A total of 81 parking spaces shall be maintained (93 existing). PREVIOUSLY CONDITION NO. 1.1.c OF RESOLUTION NO. 2015-102 AMENDED ON FEBRUARY 21, 2023, PER RESOLUTION NO. 2023- . d. Grading. Conduct 325 cubic yards of grading for the following emergency access and ADA access/parking improvements: (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: 25 feet West: 40 feet interior and side if abutting a residential zoning district and 2 feet if abutting a nonresidential zoning district South: 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. A-27 Resolution No. 2023-__ Page 28 of 40 (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. 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: 80 feet or no closer than the northern perimeter road, whichever is greater from the north property line that is A-28 Resolution No. 2023-__ Page 29 of 40 north of the maintenance yard, and 40’ from the north property line. South: 40 feet East: 25 feet West: 5 feet PREVIOUSLY CONDITION NO. 7 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 14. Noise. The property owner shall conduct its activities on site so as to not create noise nuisances to neighboring properties. Live and/or amplified music, for funeral services community events shall be limited to the duration of the service or event. No noise shall emanate from the property exceeding 65 dBA at the common property lines abutting a Residential Zoning District. The property owner shall be responsible for monitoring, preventing, and initiating timely corrective action to address any noise problems. This condition shall apply in addition to any noise ordinance and/or code amendment adopted by the City, and when there is conflicting requirements, the stricter requirement shall apply. PREVIOUSLY CONDITION NO. 9 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 15. Cemetery Liaison. The property owner shall provide abutting Homeowner Associations and any neighbors that request contact information for Green Hills Cemetery personnel that can be contacted about operational impacts, including but not limited to, excessive noise or other activities. PREVIOUSLY CONDITION NO. 11 OF RESOLUTION NO. 2015-102. 16. Security. At least one security employee shall be on duty patrolling and monitoring activities on the property for the entirety of the cemetery operation hours. Security reports shall be made available to the Neighborhood Advisory Committee at its meetings as described in Condition 17. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. 17. Green Hills Cemetery Neighborhood Advisory Committee. Green Hills shall establish a neighborhood advisory committee, consisting of two representatives and one observer from the Peninsula Verde and the Rolling Riviera homeowner’s associations, as well as a representative from City Staff. The Committee shall meet at least once each calendar year, but no more than four times per calendar year during normal business hours to review any operational and neighborhood concerns. Reports on the meeting shall be provided to the City Council. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. A-29 Resolution No. 2023-__ Page 30 of 40 AMENDED ON JANUARY 21, 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 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) • Snow Days (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. A-30 Resolution No. 2023-__ Page 31 of 40 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: 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. A-31 Resolution No. 2023-__ Page 32 of 40 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 and material in the mortuary and crematory, as well as compliance with the requirements of these conditions of approval. PREVIOUSLY CONDITION NO. 12 OF RESOLUTION NO. 2015-102. f. Easements. Any grading, construction, placement of structures, including but not limited to walls, fences, and interments on any easement, requires prior written permission from the easement holder. All easements shall be identified on plans submitted to the City. PREVIOUSLY CONDITION NO. 34 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 20. Hours of Operations: b. General. This section shall govern hours of operations except for any provision concerning specific areas of the cemetery. c. Hours of Facilities. Unless otherwise specified in these conditions, hours of operation are as follows except for the following events: Easter Sunrise, Memorial Day, Let It Snow, Harvest Festival, and Shakespeare in the Park. The property owner shall provide the dates of the aforementioned events to the Director by January 1st of each year. Park Hours: 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. d. 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. e. 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 A-32 Resolution No. 2023-__ Page 33 of 40 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. f. 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. f. The Moving Wall. (Traveling half-size replica of the Vietnam Veterans Memorial). The property owner shall be allowed to have The Moving Wall located on the property no more than 10 calendar days per calendar year, subject to the following: i. The Moving Wall shall be allowed to remain on display for no more than 10 days. ii. 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. iii. Plans. At least 60 days prior to the installation of The Moving Wall on the property, the property owner shall notify the Director of Community Development where The Moving Wall is proposed to be placed. iv. 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. PREVIOUSLY CONDITION NO. 17 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED 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. Irrigation systems shall be designed to provide adequate coverage with no over-spray, runoff, or excessive quantities of water output. Use of drip irrigation systems is required wherever possible. A low water use turf shall be used in all new lawn areas. 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 A-33 Resolution No. 2023-__ Page 34 of 40 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 façade 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. A-34 Resolution No. 2023-__ Page 35 of 40 AQ-6: During construction of any improvements associated with the Master Plan, the owner shall ensure that all on-site construction roads with vehicle traffic will be watered periodically as necessary for dust suppression. AQ-7: During construction of any improvements associated with the Master Plan, the owner shall ensure that street sweeping will be initiated if visible dust is deposited upon public paved roadways due to the project. AQ-8: During the daily cemetery operations, the property owner shall ensure that all clearing and earth moving will be discontinued during periods of high winds (i.e., greater than 25 mph), so as to prevent excessive amounts of dust. This shall not apply to excavations for individual burial plots prior to a service, or to filling of individual burial plots after a service. AQ-9: During the daily cemetery operations, the property owner shall ensure that on- site vehicle speeds associated with the transporting of earth materials are limited to 15 miles per hour on unpaved roads. AQ-10: The property owner shall ensure that grave spoils are placed in Area 5 and/or Area 6 of the Master Plan, which will be placed to fill the areas. A minimum 8-foot high chain link fence with a mesh material to reasonably screen the fill area from neighbors shall enclose and confine said area. AQ-11: The confined fill locations described in mitigation measure AQ-10 above, shall be regularly watered to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. AQ-12: A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to these confined fill locations and a phone number(s) to be called in the event that dust is visible from the confined fill locations described in mitigation measure AQ-10 above, shall be posted and displayed on the fencing. AQ-13: If stockpiling of earth material becomes necessary for ultimate use as backfill, stockpiling shall only be located in Area 5 and/or Area 6 of the Master Plan, and shall be subject to conditions AQ-10, AQ-11 and AQ-12 above. AQ-14: The Director or the City Council shall review future improvements in accordance with Condition No. 2. The City Council shall review any changes to for the Master Plan or the conditions of approval associated with the Master Plan in accordance with Condition No. 2b. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. GS-1: The property owner shall submit a geotechnical report for review and approval by the City Geologist prior to the issuance of a building permit for each mausoleum building or grading permit for any earth movement beyond that associated with ground A-35 Resolution No. 2023-__ Page 36 of 40 interment sites, unless the City Geologist deems that a geotechnical report is not warranted. Further, prior to any additional placement of fill in Area 5, a detailed grading plan with relevant geotechnical reports supporting recommendations for grading in Areas 5 and 6 shall be submitted by the applicant to the City for review and approval by the Building and Safety Division and the City Geologist prior to issuance of a building permit for any mausoleum. GS-2: The property owner shall ensure that all applicable conditions as specified within the geotechnical report and all measures required by the City Geologist are incorporated into the project. HW-1: The property owner shall prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) along with a Maintenance Agreement and Transfer. The SUSMP and related information shall be reviewed and approved by the Director, or his/her designee prior to the issuance of grading and building permits for any mausoleum building. N-1: Construction activity of the mausoleum buildings and grading operations shall be limited to the hours of 7:00 am and 4:00 pm, Monday through Friday. There shall be no construction on Saturdays, Sundays or federally observed holidays unless a Special Construction Permit is obtained 48 hours prior to work on a federally observed holiday. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. N-2: During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 am Monday through Friday and before 9:00 am on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. N-3: The City Council shall conduct an annual review or as deemed necessary by the City Council to review the property owner’s compliance with all conditions of approval associated with the Master Plan. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500’ foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. PREVIOUSLY CONDITION NO. 5 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. A-36 Resolution No. 2023-__ Page 37 of 40 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 that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. A-37 Resolution No. 2023-__ Page 38 of 40 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 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 A-38 Resolution No. 2023-__ Page 39 of 40 trust deposit account prior to the commencement of services, in amounts reasonably requested by the City, based upon an estimate of the cost of services for the period of at least 90 days for which services are rendered. In addition, the trust deposit account shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. PREVIOUSLY CONDITION NO. 39 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 33. Defense of Claims Against Project. a. Non-Liability of City. The Parties acknowledge that: (i) In the future there may be challenges to legality, validity and adequacy of the Project approvals; and (ii) If successful, such challenges could delay or prevent the ongoing use of the Project as provided herein. In addition to the other provisions of the CUP, including, without limitation, the provisions of this Section, City shall have no liability under the CUP for the inability of property owner to develop the Property as contemplated by the Master Plan or the CUP as the result of a judicial determination that the General Plan, Master Plan, the Land Use Regulations, the CUP, or portions thereof, are invalid or inadequate or not in compliance with law. b. Revision of Land Use Restrictions. If for any reason the General Plan, Master Plan, Land Use Regulations, this CUP or any part thereof of the property approvals is hereafter judicially determined as provided above to be not in compliance with the State or Federal Constitutions, laws or regulations and if such noncompliance can be cured by an appropriate amendment thereof otherwise conforming to the provisions of this CUP, then the CUP shall remain in full force and effect to the extent permitted by law. The Master Plan and this CUP shall be amended, as necessary, in order to comply with such judicial decision. c. Scope of Indemnification. The property owner shall agree to defend, indemnify and hold harmless, the City, its agents, officers and employees from any claim, action or proceeding against the City and the application will either undertake defense of the matter and pay the City’s associated legal costs, or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the property owner of any such claim, action or proceeding or fails to cooperate fully in the defense, the property owner shall not, thereafter, be responsible to defend, indemnify or hold harmless the City. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the property owner’s consent, but should it do so, the City shall waive the indemnification herein, except the City’s decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of indemnification rights herein, providing, however, that the adverse judgment or failure to appeal is not due to the City’s failure to promptly notify Applicant or to cooperate fully in the defense. The foregoing includes, but is not limited to, any and all claim(s), causes of action or lawsuit(s) brought by the Claimants, by their homeowners’ association or by anyone else on their behalf. A-39 Resolution No. 2023-__ Page 40 of 40 d. Limitation of Indemnity. Notwithstanding the generality of the above, for purposes of the current claims by the Vista Verde homeowners concerning the Mausoleum, the City shall bear its own legal defense costs, but this restriction shall not apply to future matters. e. Hold Harmless: Construction and Other Activities. The property owner hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys’ fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Green Hills or Green Hills’ agents, contractors, subcontractors, agents, or employees’ operations under the CUP, whether such operations be by the property owner or by any of the property owner’s agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for the property owner or any of the property owner’s agents, contractors or subcontractors. Nothing herein is intended to make the property owner liable for intentional wrongful and/or reckless acts of City’s officers, employees, agents, contractors or subcontractors. f. Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement or CUP for any reason other than City’s default. PREVIOUSLY CONDITION NO. 41 OF RESOLUTION NO. 2015-102. 34. Applicant Acceptance of Conditions. The property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval, and subsequent amendments to the conditions of Approval. Failure to provide said written statement within thirty (30) days following the date of this approval and subsequent amendments to the conditions of Approval shall render this approval null and void. PREVIOUSLY CONDITION NO. 4 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. A-40 South Coast Air Quality Mahagement District Jlf ~'f~f:1 21865 Copley Drive, Diamond Bar, CA 91765-4178 ____ (909) 396-2000 • www.aqmd.gov EQUIPMENT LOCATED AT: LEGAL OWNER CO. ID: OR OPERATOR 27501 S WESTERN AVE RANCHO PALOS VERDES .CA 90275-10 12 915 GREEN HILLS MEM PARK 27501 S WESTERN AVE ATTN:CHUCK BOCHE RANCHO PALOS VERDES ,CA,90275-1012 PERMIT/APPLICATION RENEWAL .... DATE: 02/16/2022 ------------------------------------ PERMIT/ EQUIPMENT DESCRIPTION NEXT RENEWAL DATE APPL NBR ------------------------------------ BILLING YEAR: 2021 070017 CREMATORY N9275 SERV STAT STORAGE & DISPENSING GASOLINE 03/01/2023 03/01/2023 B-1 •.···.·· ■ ,::A .i'■ -·~ ·,:•.·~-~ ,.··-~ t ~a~ N (,. t:::I C::: a OEPARl"MEN'r OF CONSUMER AFFAIRS CERTIFicx , CERTIFICATE RECEIPT NO. COA 180 13130372 GREEN HILLS MEMORIAL PARK 27501 S WESTERN AVE RANCHO PALOS VERDES CA 90275 CEMETERY AND FUNERAL BURl;AU P.O . BOX 989003 ·:· · ' . WEST SACRAMENTO'-CA 95798-9003 . ,· PHONE 916 074-7870 1, 2023 27501 S WESTERN AVE RANCHO PALOS VERDES CA 90275 11 / 12 /21 1.12/21 -----NON-TRANSFERABLE ---POST IN PUBLIC VIEW-----WCBCOA 0B/31 /0 B-2 DEPAR TM E N"f OF CO NSU MER AFFAIRS LICENSE NO. CEB 1389 RECEIPT NO. 21120865 DONALD R FREW JR CEME GREEN HILLS MEMORIAL PARK 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 ~-,~t~:.-OF "•-r· \~~}?~]'.:!~~~~~ CEMETERY AND FUNERAL BUREAU : P.O. BOX 9.89003 . .. .• WEST SACRAMENTO, CA 95798-9003 PHONE 916 574-7870 OKER VALID UNTIL JUNE 30, 2023 GREEN HILLS MEMORIAL PARK 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 0 4 /26/22 0 6 /22 -----NON-TRANSFERABLE ---POST IN PUBLIC VIEW-----WCBCEB 08/31 /08 ■ B-3 ■ TAT • 0 F C A ~ I F 0 R N I.A .... ;· c::lc:a OEPAR TMENI OF CONSUMER AFFAIRS LICENSE NO. CEM 124 RECEIPT NO. 21120866 DONALD RAY FREW CEME 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 AGER CEMETERY AND FUNERAL BUREAU P.O. BOX 989003 WEST SACRAMENTO , CA 95798-9003 PHONE 916 574-7870 VALID UNTIL JUNE 30, 2023 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 04/26 /22 JO 6 /22 -----POST IN PUBLIC VIEW-----WCBCEM 0 B/31 / B-4 • 08/29/22 08/29/22 • LICENSE NO. CR 430 ISSUE DATE AUGUST 26 , 2022 THE KlRTUARY AT GREEN HILLS 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 The entity named above is licensed as a Crematory with the Department of Co nsumer Affairs Cemeter and Funeral Bureau. "'··--5:' THE IDRTUARY AT GREEN HILLS CORPORATION ROBERTT. M:NERNEY RESPONSIBLE CREMATORY MANAGER PLACE RENEWAL HERE VALID UNTIL AUGUST 31, 2023 RECEIPT NUMBER This Original License must be kept for the life of the license and posted in public v iew. 00072565 Pursuant to the provisions of Division 3, Chapter 19, of the Bu si ness and Professio ns Code, the entity named above is duly licensed in the State o f California and and i s hereby issued a Crem atory License and i s entitled to engage in busi ness as such in accordance with said statutes as amended, and rules and regulati o ns of the California Cemetery and Funeral Bureau. This license permits operation at the address sh own above only. A new license must be obtained prior t o a change in ownership o r location. P.O. BOX 942508 WEST SACRAMENTO, CA 94258-0508 PHONE 916 574-7870 -----POSTIN PUBLIC VIEW----- ■ • B-5 Cemetery and Funeral Bureau 1625 North Market Blvd, Suite S208 Sacramento CA 95834 f&i~ ~ 000001 THE MORTUARY AT GREEN HILLS 27501 S WES!rERN AVENUE RANCHO PALOS VERDES CA 90275 Hg 0 8 B-6 eTA T• OF CAL.1 ~0RNIA c::ICa DEPAR TMENI OF CONSUMER AF FAIRS 10/20/22 10/20/22 LICENSE NO. RECEIPT NO. CR 227 21750399 GREEN HILLS MEMORIAL PARK 27501 SOUTH WESTERN AVENUE RANCHO PALOS VERDES CA 90275 CEMETERY AND FUNERAL BUREAU P.O. BOX 989003 WEST SACRAMENTO'-CA 95798-9003 PHONE 916 074-7870 CENSE VALID UNTIL AUGUST 31, 2023 27501 SOUTH WESTERN AVENUE RANCHO PALOS VERDES CA 90275 ■ -----NON-TRANSFERABLE ---POST IN PUBLIC VIEW-----WCBCR 08/31 /08 ■ B-7 07/14/22 015122 c:J~~sE U.i c·;:·1 J~ ··· R~~~IjT "Nri. 2i9530d1 ROBERT TIMOTHY MCNERNEY 82 NARCISSA DR RANCHO PALOS VERDES CA 90275 I~~1i~~ii*mr=:=:=·· ····· · · · ···-·-·-·-· ll l .......................................... ~ 82 NARCISSA DR RANCHO PALOS VE.ROES CA 90275 -----POSTIN PUBLIC VIEW------. Ill WCBCRM 08/31/08 B-8 DEPA RTMENT OF CONS IJ MEA AFFA IRS LICENSE NO. CRM 824 RECEIPT NO. 22140339 NICK R. RESICH 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 CEMETERY AND. FUNERAL BUREAU · P .O. BO X _989003 .•. _ .. •· •-· WEST SACRAMENTO , CA 95798-9003 PHONE 916 574 -7870 AGER VALID UNTIL SEPTEMBER 30, 2023 27501 S WESTERN AVENUE RANCHO PALOS VERDES CA 90275 08 /04/22 0 4/22 -----POST IN PUBLIC VIEW-----• WC8CRM 08 /31 /08 B-9 LOS ANGELES COUNTY CERTIFIED UNIFIED PROGRAM AGENCY ADMINISTERED BY LOS ANGELES COUNTY FIRE DEPARTMENT ANNUAL UNI FIED PROGRAM FACILITY PERMIT Fiscal Year 2022-2023 July 1, 2022 -June 30, 2023 ISSUED TO: GREEN HILLS MEMORIAL PARK 27501 S WESTERN AVE RANCHO PALOS VERDES, CA 90275 LA Co. CUPA NO. AR: AR0029489 FACILITY OWNER: GREEN HILLS MEMORIAL PARK FACILITY SITE ADDRESS: 27501 S WESTERN AVE #1 , RANCHO PALOS VERDES, CA90275 THIS PERMIT IS ISSUED FOR THE FOLLOWING PROGRAMS: Administering Agency: LA COUNTY FIRE DEPARTMENT LA COUNTY FIRE DEPARTMENT LA COUNTY FIRE DEPARTMENT Program Description: ABOVEGROUND PETROLEUM STORAGE TANK PROGRAM HAZARDOUS MATER IALS DISCLOSURE P ROGRAM HAZARDOUS WASTE GENERATOR PROGRAM THIS PERMIT MUST BE CONSPICUOUSLY DISPLAYED AT THE FACILITY AT ALL TIMES. ISSUED BY: Anthony C. Marrone County of Los Angeles Inte rim Fi re Chief ISSUED ON: September 07 , 2022 EXPIRES ON: October 31, 2023 The Unified Program Pe rmit shall b e valid only for the program elements at the identified location s for th e identified persons, bu siness, or business concern, and is subject to ALL REQUIREMENTS of S tate and local laws and regu lations. The Underground Sto rage Ta nk p e rmit may be transferred to new owners of the same business upon a pproval of the Director of the agency regulating th e UST progra m. If you are in operation on o r after July 1, 2023, your busin ess will be re sponsible for payment of permit fees for the next annual billing cycle . You must contact this Department prior to this date and arrange for an inspection to verify non-operational status to cancel permit fees for the n ext annual billing cycle. You may continue to operate under thi s permit until the payment for the next billing cycle is mad e to this Department by the established invoice due date. Invoice due date for permit fe es may vary from year to year. ver.M/2 1 Sep 7, 2022 IN0366973 B-10 ' DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CALIFORNIA STATE BOARD OF EQUALIZATION SELLER'S PERMIT ACCOUNT NUMBER I 8/1 /1 957 SR EA 16-077014 L GREEN HILLS MEMORIAL PARK,INC . 2750 1 S WESTERN AVE RANCHO PALOS VERDES, CA 90275-101 IS HEREBY AUTHORIZED PURSUANT TO SA LES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION. THIS PERMIT IS VALID ONLY AT THE ABOVE ADDRESS. 7 J THIS PERMIT lS VALIQ_UNTIL REVOKED ORLANCELED AND IS NOT TRANSFERABLE. IF YQU SELL YOUR BUSINESS OR DROP OUT OF A PARTNERSHIP , NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS . NOTICE TO PERMITTEE: You are required to obey all Federal and State laws that regulate or control your business. This permit does not allow you to do othetwise. Not valid at any other address For general tax questions, please call our Information Center at 800-400-7115 . For information on your rights , contact the Taxpayers ' Rights Advocate Office at 888-324-2798 or 916-324-2798. BOE-442-R REV. 15 (2-06) A MESSAGE TO OUR NEW PERMIT HOLDER As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you in your endeavor and to better understand the law, we offer the follow ing sources of help: • Visiting our website at www.boe.ca.gov • Visiting a district office • Attending a Basic Sales and Use Tax Law class offered at one of our district offices • Sending your questions in writing to any one of our offices • Calling our toll-free Information Center at 800 -400-7115 As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. Conversely, you ..... ~ have the responsibility of not misusing resale certificates. While the sales tax is imposed upon the retailer, ~ "-• • You have the right to seek reimbursement of the tax from your customer • You are responsible for filing and paying your sales and use tax returns timely • You have the right to be treated in a fair and equitable manner by the employees of the Board .,. • You are responsible for following the regulations set forth by the Board As a se ll er, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a Board representative when requested. You are also expected to notify us if you are buying , selling, adding a location , or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit , you should only do so by mailing it to a Board office, or giving it to a Board representative. If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with the Board , please contact the Taxpayers' Rights Advocate Office for help by ca lling toll-free , 888-324-2798 or 916-324-2798 . Their fax number is 916-323 -3319. Please post this permit at the address for which it was issued and at a location visible to your customers. STATE BOARD OF EQUALIZATION Sales and Use Tax Department .. B-11 GREEN HILLS NEIGHBORHOOD ADVISORY COMMITTEE Summary Report of the July 26, 2022 Meeting - 4:00 PM Virtual Meeting on Zoom Members Present Ken Rukavina, Director of Community Development Amy Seeraty, Senior Planner Nick Resich, Green Hills Director of Buildings and Park Maintenance Steven Espolt, Green Hills Manager of Strategic Planning and Compliance Tom Frew, Green Hills CEO Bob Bynon, Green Hills Project Manager Dave Turner, Peninsula Verde HOA Vince Reher, Peninsula Verde HOA Glenn Cornell, Rolling Riviera HOA Jane Gualeni, Rolling Riviera HOA Summary of Discussion I.Introductions and Opening Remarks II.Project & Construction Update/Questions and Comments Green Hills (GH) Staff mentioned the grading permit they have recently submitted for the Alta Vista Gardens and the Inspiration Slope areas within Area Two of the Master Plan, the normal maintenance of the Podocarpus trees along the north property line, and that one of the main reasons they wanted to hold a Neighborhood Advisory Committee (NAC) meeting at this time is to apprise the NAC of the proposal to construct a new building for cremation, which will replace the cremation facilities in the existing Administration/Mortuary building. Some questions were asked about the proposed grading permit that is in process, including where the dirt will go that is excavated (Area 6) and will the grade stay the same (yes). Mr. Turner asked for dust mitigation for any stockpiled dirt, and also asked about the plans for a possible future expansion of the Inspiration Slope Mausoleum. Mr. Resich and Mr. Frew stated that although the master plan shows another mausoleum structure, they are experiencing more demand for cremation, so may be looking at proposing several smaller buildings in the future, instead of one large mausoleum. They may also propose to excavate down, so that the new structures would be at a lower level than the mausoleum. Mr. Turner also asked if the trees on the north side of the property could be kept as tall as possible for privacy purposes, and Mr. Resich stated that yes, they will be maintained but C-1 not topped. Mr. Resich also stated that he would like to reiterate to new neighbors to contact GH if the trees require maintenance, as they are located on GH’s property. Mr. Turner also mentioned that he hasn’t noticed a lot of sound coming from the roof of the Inspiration Slope Mausoleum, to which Mr. Resich replied they are using electric leaf blowers and following the sound regulations. Mr. Reher also stated he appreciates the effort to minimize sound, and also stated that new residents in his neighborhood may need a reminder of the rules regarding the tree maintenance. Mr. Turner and Mr. Reher also mentioned that the current security staff is doing a good job, which they appreciate. Mr. Resich thanked them and stated that GH does ongoing training. The discussion then turned to the subject of the new crematory. In response to an question, GH’s staff stated that they currently provide this service, as they have been, although it did slow down at one point in the past. Discuss ensued about the replacement facility in the proposed new building. Mr. Turner asked if the new structure was being proposed because they needed more space, but Mr. Frew stated it was proposed more to have a nicer facility with more modernized equipment where families can gather and witness the cremation, as their current cremation facilities are located in an unsightly repurposed garage. The old equipment would be removed and the garage restored to a garage use. The equipment would be about the same size but would be more efficient. Mr. Resich stated that the equipment is monitored by the South Coast Air Quality Management District (SCAQMD) and the Department of Consumer Affairs. Mr. Turner suggested to perhaps plant a hedge line to further screen the proposed building and GH’s staff said that they would also design the building to screen the required exhaust stack (pipe). City staff asked what would occur with the mausoleums that were currently proposed for that same area, and GH’s staff stated any future mausoleums proposed for that area would have to be modified. Mr. Cornell inquired whether the original cremation facilities went through an environmental review process, and City staff stated they would check. Mr. Cornell also requested to review the original cremation facility permits from SCAQMD and inquired how many cremations Green Hills completes in a year. Mr. Resich stated that their restrictions are based on gas usage, and although they are allowed up to 1,000 per year, they have never reached that number, and so far this year they have done less than 400. Mr. Turner asked if they anticipate that number to increase, to which GH’s staff stated that although demand has been increasing nationwide, they haven’t seen a large change in the last 10 years. However, during the peak of Covid they did see an overall increase, as they did not turn away any families during that time. Additional discussion ensued regarding the specifics of the SCAQMD regulations and how particulates from the cremations are monitored. City Staff then explained the process for the proposed new cremation building, which will require a revision to the Conditional Use Permit, which will be presented to the City Council, a grading permit, construction of a silhouette frame, notification to the neighbors, etc. Ms. Gualeni expressed concerns about the use of the current crematorium facility, as it relates to air quality and possible excessive swimming pool maintenance for the adjacent neighbors. Ms. Gualeni also acknowledged that the additional pool maintenance that seems to be required in the area could also be due to pollen and/or dust from other sources. GH’s staff stated that they do not run the facility at night, and although while it was increased during the peak of Covid, they now run at their normal times of 7:00am, 1:00pm, and 3:00pm. Ms. Gualeni also mentioned that she hasn’t noticed as many complaints now that there is a barrier of trees and shrubs, but still receives some dust complaints. GH’s staff stated that they are monitoring and completing ongoing maintenance on the foliage, and also mentioned that they have a water truck always on site to address dust issues, and that it C-2 could also be the drought or nearby reservoir construction that is contributing to the dust issues. GH’s staff also mentioned that although they have a water restriction exemption to keep the burial grounds green, they are still implementing various water-saving methods throughout the property. No other issues were raised for discussion at this time. III. Adjournment The meeting was adjourned at approximately 5:15PM. C-3 From:Amy Seeraty To:Jim Kurata Cc:jim.kurata@nafinc.com; jimmerslady@yahoo.com; CC; Octavio Silva Bcc:Nick Resich Subject:RE: Proposed crematorium Date:Tuesday, February 14, 2023 4:04:00 PM Attachments:image001.png image004.png image005.png image006.png Hello Jim- Thank you for your email. It is my understanding that the proposed location is located close to the existing Administration Building where preparation for the cremations take place. It’s also close to the existing parking lot and existing utilities. Additionally, you may wish to note that the State also licenses and regulates crematoriums. Sincerely, Amy SeeratySenior Planneramys@rpvca.gov Phone - (310) 544-5231 City of Rancho Palos Verdes30940 Hawthorne Blvd.Rancho Palos Verdes, CA 90275Website: www.rpvca.gov This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution,or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Jim Kurata <9942769@gmail.com> Sent: Tuesday, February 14, 2023 2:11 PM To: Amy Seeraty <AmyS@rpvca.gov> Cc: jim.kurata@nafinc.com; jimmerslady@yahoo.com; CC <CC@rpvca.gov>; Octavio Silva <OctavioS@rpvca.gov> Subject: Re: Proposed crematorium EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Why not make the crematorium further away from the residential neighborhood? Sent from my iPhone On Feb 14, 2023, at 1:21 PM, Amy Seeraty <AmyS@rpvca.gov> wrote:  Hello Mr. Kurata- I would be glad to answer your question. The required setback for structures in Cemetery zoning districts per the Rancho Palos Verdes Municipal Code Section 17.28.040.A.2 is 40 feet: 2. Interior Side and Rear. If abutting a residential zoning district, the interior side and rear setbacks shall be 40 feet. If abutting a nonresidential zoning district, the interior side and rear setbacks shall be 25 feet. Additionally, the existing Conditional Use Permit Condition No. 13.b (Setbacks for Above Ground Structures) for Green Hills also requires a 40-foot setback from the south property line: <image006.png> The proposed building would be located 154 feet from the south property line. Please let me know if you have any additional questions, thank you. Sincerely, <image007.png> Amy SeeratySenior Planneramys@rpvca.gov Phone - (310) 544-5231 <image003.jpg> City of Rancho Palos Verdes30940 Hawthorne Blvd.Rancho Palos Verdes, CA 90275Website: www.rpvca.gov <image004.png> <image005.png> This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorizeddissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Jim Kurata <9942769@gmail.com> Sent: Tuesday, February 14, 2023 10:46 AM To: Amy Seeraty <AmyS@rpvca.gov> Cc: jim.kurata@nafinc.com; jimmerslady@yahoo.com; CC <CC@rpvca.gov>; Octavio Silva <OctavioS@rpvca.gov> Subject: Re: Proposed crematorium EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. What is the law for distance from residential neighborhood? Sent from my iPhone On Feb 14, 2023, at 8:59 AM, Amy Seeraty <AmyS@rpvca.gov> wrote: D-1 Hello Mr. Kurata- Your email was forwarded to me as I am the planner assigned to this project. Thank you for your email. I may be able to provide some information that will assist in answering some questions you or the other neighbors may have. Please note that the new crematorium building is proposed to replace the existing cremation facilities that are currently located in a basement garage of the existing Administration Building on the site, i.e., this is not new or in addition to the existing cremation facilities that have been there since the 1970s or 1980s. The operation of the cremation facilities are regulated by the South Coast Air Quality Management District (SCAQMD), and Green Hills has an active permit with them that regulates the amount of natural gas they can use, and the level of emissions they are allowed. Additionally, it may be helpful to know that Green Hills replaced their older equipment with newer, more efficient equipment last year. Please let me know if you have any additional questions, thank you. Sincerely, Amy Seeraty Senior Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov amys@rpvca.gov - (310) 544-5231 From: Jim Kurata <Jim.Kurata@Nafinc.com> Sent: Monday, February 13, 2023 6:51 PM To: CC <CC@rpvca.gov> Cc: jimmerslady@yahoo.com; 9942769@gmail.com Subject: Proposed crematorium EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear Council Members, My name is James Kurata, 310-994-2769, 9942769@gmail.com. I object to the proposed crematorium because of potential toxic fumes blowing my way. I live about 100 yards away from the proposed sight. There must be a law that prohibits the construction of a crematorium so near to a residential neighborhood. What pollutants come from crematorium? “The process of corpse cremation generates numerous harmful air pollutants, including particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds, and heavy metals,” the report said, adding “these pollutants could have severe effects on the surrounding environment and human health.” What is the most toxic element found in crematorium emissions? Is there evidence of health impacts due to exposure to crematoria emissions? As mentioned in Section 1, the pollutants of most concern from crematoria emissions are PCDD/Fs, Hg and fine particulate matter (PM ). PCDD/Fs and Hg are known to be toxic to humans and can bioaccumulate in tissues. Do you want to take the financial liability when human health and surrounding environment is adversely affected? Thank you, James Kurata D-2 From:Amy Seeraty To:Kathy Wingert Cc:Octavio Silva Subject:RE: New Crematorium at GH Date:Tuesday, February 14, 2023 9:29:00 AM Hello Ms. Wingert- Thank you for your email. I would be glad to provide some information that may help address your concerns. The proposed new crematorium building is proposed to replace facilities that are currently located in a basement garage of the existing Administration Building on the site, i.e., this is not new or in addition to the existing cremation facilities that have been there since the 1970s or 1980s. So, this means that the existing vent pipe at the south façade of the Administration Building that may be visible from your property will be removed if the new building is approved and the cremation facilities moved. Also, as part of the recommendation to the City Council, City Staff is proposing that the new building be painted to match the existing building. Additionally, if approved, the area that is proposed to be graded will be engineered and reviewed by the Building & Safety Division, as well as the City Geologist, to ensure it is stable. Lastly, I would suggest that if there are maintenance issues with any existing buildings that are visible from your property, please reach out to Nick Resich, Director of Buildings and Park Maintenance at Green Hills Memorial Park at (310) 831-0311. Please let me know if you have any additional questions, thank you. Sincerely, Amy Seeraty Senior Planner amys@rpvca.gov Phone - (310) 544-5231 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. -----Original Message----- From: Kathy Wingert <wingertkathy@gmail.com> Sent: Sunday, February 12, 2023 11:24 AM To: Amy Seeraty <AmyS@rpvca.gov> Subject: New Crematorium at GH EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. How do we effectively scream this out of existence? I have never complained about the things they want to do, despite suspicions that they do everything way too close to property lines for safety in any kind a a landslide. But this is too much. Green Hills does not maintain the back side of their buildings, the ones that face our neighborhood, the ones that loom over properties adjacent to them. It would be one thing if they wanted to put this facility at the picturesque D-3 backside of THEIR property, but until they show they are willing to do more to make the side of their structures that face an otherwise nice residential neighborhood look better, less industrial, less creepy, I plan to scream. And if they really want good neighborhood mojo, how about they fix their retaining wall along Western and ours as well. Kathy Wingert Avenida Feliciano Sent from Kathy's iPhone And auto correct is cruel D-4 From:Amy Seeraty To:jim.kurata@nafinc.com Cc:jimmerslady@yahoo.com; 9942769@gmail.com; CC; Octavio Silva Subject:Fw: Proposed crematorium Date:Tuesday, February 14, 2023 8:59:00 AM Attachments:image001.png Hello Mr. Kurata- Your email was forwarded to me as I am the planner assigned to this project. Thank you for your email. I may be able to provide some information that will assist in answering some questions you or the other neighbors may have. Please note that the new crematorium building is proposed to replace the existing cremation facilities that are currently located in a basement garage of the existing Administration Building on the site, i.e., this is not new or in addition to the existing cremation facilities that have been there since the 1970s or 1980s. The operation of the cremation facilities are regulated by the South Coast Air Quality Management District (SCAQMD), and Green Hills has an active permit with them that regulates the amount of natural gas they can use, and the level of emissions they are allowed. Additionally, it may be helpful to know that Green Hills replaced their older equipment with newer, more efficient equipment last year. Please let me know if you have any additional questions, thank you. Sincerely, Amy Seeraty Senior Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov amys@rpvca.gov - (310) 544-5231 From: Jim Kurata <Jim.Kurata@Nafinc.com> Sent: Monday, February 13, 2023 6:51 PM To: CC <CC@rpvca.gov> Cc: jimmerslady@yahoo.com; 9942769@gmail.com Subject: Proposed crematorium EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. D-5 Dear Council Members, My name is James Kurata, 310-994-2769, 9942769@gmail.com. I object to the proposed crematorium because of potential toxic fumes blowing my way. I live about 100 yards away from the proposed sight. There must be a law that prohibits the construction of a crematorium so near to a residential neighborhood. What pollutants come from crematorium? “The process of corpse cremation generates numerous harmful air pollutants, including particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds, and heavy metals,” the report said, adding “these pollutants could have severe effects on the surrounding environment and human health.” What is the most toxic element found in crematorium emissions? Is there evidence of health impacts due to exposure to crematoria emissions? As mentioned in Section 1, the pollutants of most concern from crematoria emissions are PCDD/Fs, Hg and fine particulate matter (PM ). PCDD/Fs and Hg are known to be toxic to humans and can bioaccumulate in tissues. Do you want to take the financial liability when human health and surrounding environment is adversely affected? Thank you, James Kurata D-6 2/13/23, 6:20 PM Mail - Amy Seeraty - Outlook https://outlook.office365.com/mail/sentitems/id/AAQkADFjNGRiYWMwLTg1YmYtNGQ3OS04MjAyLWEwODlkYTEwMTAwMQAQAM48C%2FKLIX5An…1/2 RE: Green hills crematorium Amy Seeraty <AmyS@rpvca.gov> Mon 2/13/2023 10:24 AM To: Stacey Lamers <stacey_lamers@yahoo.com> Cc: Octavio Silva <OctavioS@rpvca.gov> Hello Stacey- Thank you for your email.  I may be able to provide some information that will assist in answering some questions you or the other neighbors may have.  Please note that the new crematorium building is proposed to replace the existing cremation facilities that are currently located in a basement garage of the existing Administration Building on the site, i.e., this is not new or in addition to the existing cremation facilities that have been there since the 1970s or 1980s.  The operation of the cremation facilities are regulated by the South Coast Air Quality Management District (SCAQMD), and Green Hills has an active permit with them that regulates the amount of natural gas they can use, and the level of emissions they are allowed.  Additionally, it may be helpful to know that Green Hills replaced their older equipment with newer, more efficient equipment last year.  Please let me know if you have any additional questions, thank you. Sincerely, Amy Seeraty Senior Planner amys@rpvca.gov Phone - (310) 544-5231  City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure.  The information is intended only for use of the individual or entity named.  Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. -----Original Message----- From: Stacey Lamers <stacey_lamers@yahoo.com> Sent: Sunday, February 12, 2023 10:54 AM To: Amy Seeraty <AmyS@rpvca.gov> Subject: Green hills crematorium EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know D-7 2/13/23, 6:20 PM Mail - Amy Seeraty - Outlook https://outlook.office365.com/mail/sentitems/id/AAQkADFjNGRiYWMwLTg1YmYtNGQ3OS04MjAyLWEwODlkYTEwMTAwMQAQAM48C%2FKLIX5An…2/2 the content is safe!!!. Greetings Amy As a local resident I would like understanding regarding how the proposed structure will comply with state and local air quality standards ? Regards Stacey Lamers Bagabo D-8 2/10/23, 1:25 PM Mail - Amy Seeraty - Outlook https://outlook.office365.com/mail/sentitems/id/AAQkADFjNGRiYWMwLTg1YmYtNGQ3OS04MjAyLWEwODlkYTEwMTAwMQAQAM36mGS3NkBMp5…1/2 Re: Green Hills Proposed Gas fired Crematorium Amy Seeraty <AmyS@rpvca.gov> Fri 2/10/2023 1:25 PM To:mtd4homes@aol.com <mtd4homes@aol.com> Cc:Octavio Silva <OctavioS@rpvca.gov> Bcc:Nick Resich <NResich@greenhillsla.com> Hello- Thank you for your email. I may be able to provide some informaon that will assist in answering some quesons you or the other neighbors may have. Please note that the new crematorium building is proposed to replace the exisng cremaon facilies that are currently located in a basement garage of the exisng Administraon Building on the site, i.e., this is not new or in addion to the exisng cremaon facilies that have been there since the 1970s or 1980s. The operaon of the cremaon facilies are regulated by the South Coast Air Quality Management District, and Green Hills has an acve permit with them that regulates the amount of natural gas and emissions they are allowed. Addionally, it may be helpful to know that Green Hills replaced their older equipment with newer more efficient equipment last year. Please let me know if you have any addional quesons, thank you. Sincerely, Amy Seeraty Senior Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov amys@rpvca.gov - (310) 544-5231 From: mtd4homes@aol.com <mtd4homes@aol.com> Sent: Thursday, February 9, 2023 10:35 AM To: Amy Seeraty <AmyS@rpvca.gov> Subject: Green Hills Proposed Gas fired Crematorium   EXTERNAL EMAIL: Do not click links or open any aachments unless you recognize the sender and know the content is safe!!!. Amy I have received several emails in regard to the subject matter of the new gas-fired crematorium that plans to soon be built in the corner of GHs' property near Western and Avenida Feliciano. As a resident of the area I would like to get more information about any health and safety issues this could cause. From the information I already know I am against issuing and revising the CPU for Green Hills. Please advise is I need to send my email to someone else. Thank you for all you do for our City Maria Todora-Denue The Todora Team - Your Everyday Realtors D-9 2/10/23, 1:25 PM Mail - Amy Seeraty - Outlook https://outlook.office365.com/mail/sentitems/id/AAQkADFjNGRiYWMwLTg1YmYtNGQ3OS04MjAyLWEwODlkYTEwMTAwMQAQAM36mGS3NkBMp5…2/2 A Family Team of Realtors RE/MAX Estate Properties Serving The South Bay & Beyond (310) 729-9729 / (310) 831-1989 MTD4Homes@aol.com www.TheTodoraTeam.com Visit our website to search for property LIC. # 01110354 D-10 1 Amy Seeraty From:Kathy Wingert <wingertkathy@gmail.com> Sent:Sunday, February 12, 2023 11:24 AM To:Amy Seeraty Subject:New Crematorium at GH EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. How do we effectively scream this out of existence? I have never complained about the things they want to do, despite suspicions that they do everything way too close to property lines for safety in any kind a a landslide. But this is too much. Green Hills does not maintain the back side of their buildings, the ones that face our neighborhood, the ones that loom over properties adjacent to them. It would be one thing if they wanted to put this facility at the picturesque backside of THEIR property, but until they show they are willing to do more to make the side of their structures that face an otherwise nice residential neighborhood look better, less industrial, less creepy, I plan to scream. And if they really want good neighborhood mojo, how about they fix their retaining wall along Western and ours as well. Kathy Wingert Avenida Feliciano Sent from Kathy's iPhone And auto correct is cruel D-11 1 Amy Seeraty From:Robin MacMorran <robinmacm@gmail.com> Sent:Saturday, February 11, 2023 12:19 PM To:to: Jane Gualeni; cc: Chris Martin; Lisa; Robin Macmorran; Jock MacMorran; Glenn Cornell; Amy Seeraty; Eric Alegria Subject:Re: Alkaline Hydrolysis Cremation - keep reading - this is a cut and paste! EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!.     In response to to all emails. I favor this method. It is used by the Mayo Clinic. Yes, it is probably more expensive for Green Hills, but it causes less air pollutants than any other methods.   On Tue, Feb 7, 2023 at 2:24 PM Robin MacMorran <robinmacm@gmail.com> wrote:  Is alkaline hydrolysis better than cremation? To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Image result for alkaline hydrolysis cremation There are several reasons people give for choosing alkaline hydrolysis, when available, instead of traditional flame-based cremation. The process is more environmentally friendly. It uses significantly less fuel and has an overall lower carbon footprint than both traditional cremation and burial.   Alkaline Hydrolysis - Cremation Association of North America  https://www.cremationassociation.org › page › alkaline... Search for: Is alkaline hydrolysis better than cremation? Is alkaline hydrolysis cheaper than cremation? The Alkaline Hydrolysis process is more expensive than fire cremation but cheaper than burial. The average cost for Alkaline Hydrolysis is around $3,500, while the average cost for traditional burial is around $9,000, and the average cost for cremation is around $1,500.Dec 13, 2022Because a flame is not used, alkaline hydrolysis uses around 90% less natural gas; it saves more than 66% electricity; it reduces more than 90% of carbon dioxide emissions that can be released during a flame cremation; it has 1/10th the carbon footprint of traditional cremation; and it is 100% mercury- free. In what states is alkaline hydrolysis legal? Alkaline hydrolysis was legalized in 2017 in California, and the law went into effect in 2020 (Section 7611.9 of the California Business and Professions Code). Alkaline hydrolysis was legalized in 2011 in Colorado when the state changed the definition of cremation (Colorado Statutes § 12-54-102.)5 days ago What happens to the body during aquamation? D-12 2 What is the cheapest cremation process? What is the cheapest cremation that you can buy? Why is water cremation better?   Why is Water Cremation Better Than Regular Cremation?  https://www.heavenlypawsatlanta.com › news › why-is-wa... Search for: Why is water cremation better? Do you have clothes on when you are cremated? What is the new method of cremation? The body of Archbishop Desmond Tutu will undergo aquamation, an increasingly popular and environmentally friendly alternative to traditional cremation methods, using water instead of fire.Jan 1, 2022   What is aquamation? The process behind Desmond Tutu's 'green ...  https://www.theguardian.com › world › jan › what-is-aqu... Search for: What is the new method of cremation? How long does water cremation take? around 4 hours Water Cremation takes around 4 hours to complete. Water Cremation is a gentle, simple process of decomposition that resembles what would typically happen with burial underground — except faster. A body placed underground in a casket can take over 12 years to decompose into a skeleton.Oct 1, 2022   How long does Aquamation take? - Pisces  https://www.withpisces.com › blog › how-long-does-aqua... Search for: How long does water cremation take? What is left after a water cremation? What do they do with the bones after water cremation? Any non-organic material that survives the process, such as a metal hip, is removed, and the bones are processed into ash in a similar way as cremated bones. * The result is a fine white ash that contains 20% more remains than traditional flame cremation.Apr 27, 2021 Jock and I will be cremated - unless I fly an airplane over the Pacific Ocean.   ‐‐   Robin MacMorran  424 224 7500  D-13 3       ‐‐   Robin MacMorran  424 224 7500  D-14 1 Amy Seeraty From:Stacey Lamers <stacey_lamers@yahoo.com> Sent:Sunday, February 12, 2023 10:54 AM To:Amy Seeraty Subject:Green hills crematorium EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Greetings Amy As a local resident I would like understanding regarding how the proposed structure will comply with state and local air quality standards ? Regards Stacey Lamers Bagabo D-15 From:Amy Seeraty To:Roger Metzler Cc:Octavio Silva Subject:RE: Green Hills CUP Date:Tuesday, February 7, 2023 1:46:00 PM Attachments:image001.png image002.png image004.png image005.png Hello- Thank you for your comments and note that they will be incorporated into the staff report. I will have a copy of the plans available for review, as you stated you may stop by the City this Friday to review them. As I mentioned on the phone, I will likely be out of the office on Friday, but the Interim Director, and other planning staff will be here. Thank you. Sincerely, Amy SeeratySenior Planneramys@rpvca.gov Phone - (310) 544-5231 City of Rancho Palos Verdes30940 Hawthorne Blvd.Rancho Palos Verdes, CA 90275Website: www.rpvca.gov This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination,distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Roger Metzler <metzler.roger@gmail.com> Sent: Tuesday, February 7, 2023 1:18 PM To: Amy Seeraty <AmyS@rpvca.gov> Subject: Green Hills CUP EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Greetings Amy, I am a resident at 1921 Avenida Feliciano. The new crematorium building proposed by Green Hills will be directly viewable from my backyard. (Pictures are attached as links.) There are several concerns that I urge staff to consider in its report to the City Council regarding the revision of Conditional Use Permit No. 155. Although the proposed 24-foot building height will be similar to the existing administration building, it is nonetheless massive when viewed from the lower elevation of Avenida Feliciano. I would suggest that a condition to allow this building height would be that vegetation be planted and maintained to screen as much of the building as possible from view of the properties below. This vegetation should be planted at the same level as the building foundation so as to provide the maximum height barrier. There are two eucalyptus trees to the south of the proposed crematorium that block the proposed building from view of many of the properties on Avenida Feliciano. These trees must be kept in place, and nothing should be done during construction of the new building that might endanger them. Furthermore, an arborist should be consulted as to whether selective thinning of the trees and removal of some of the dead growth in the lower branches of the trees would improve their hardiness and longevity. However, the prominent, dead branches higher in the eastern eucalyptus MUST NOT be removed, as they are favorite perches of several red-tailed hawks. The artist renderings of the building show it to be attractive from the front; that is, viewed from the north, looking south. However, the view from the south, looking north appears to be a solid wall, devoid of windows. This will add to the perception of the building as a massive structure. Any architectural techniques that would "soften the look" from a southern vantage point should be incorporated into the building's design. There should also be a condition that any exhaust structure or chimney on the building be located on some side other than the south side. This would make it viewable from the Green Hills property and not the properties to the south. If the exhaust structure was in view of Green Hills' patrons, visitors, and staff, it would likely prevent the inclusion of an exhaust duct similar to that of the current crematorium, which is absolutely ugly and "sticks out like a sore thumb"! (See linked pictures). Thank you for allowing me to submit my comments. Sincerely, Roger Metzler 20230202_110947.heic 20230202_110958.heic 20230202_111443.heic 20230202_111443.heic D-16 From:Tom Frew To:Amy Seeraty Cc:Nick Resich; Bob Bynon; Steven Espolt Subject:PTM Rooftop Burial Date:Sunday, July 17, 2022 1:45:04 PM CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hi Amy, Since Nick is out of the office I went ahead and looked into this complaint so that we communicated back to you asap. The yellow flag was placed on 6/29 and within the required timeline. It’s not uncommon for a flag to be pulled by a guest or in error. It’s not necessarily intentional if it was indeed a guest. It could have been a child. I realize this seems to be a poor excuse but nevertheless it happens. At the very least the service was listed on our website in advance. A new flag was placed when our interment crew realized it was missing. This was performed the day prior to the burial service. At the time of making arrangements with the family, they were informed of the restrictive area and not allowed to use amplified sound. The Monks unfortunately did use a microphone from 12:15- 12:40 during their religious chant. We are certainly apologetic for this disturbance to our Vista Verde residents. We shoot for 100% compliance and believe Green Hills has done a good job of managing accordingly. I have already asked for a refresher training this coming Wednesday to be sure staff continues to perform all steps spelled out in our CUP. Thank you for making us aware of this complaint and allowing Green Hills to be a good neighbor. Best regards, Tom D-17 2/13/23, 6:23 PM Mail - Amy Seeraty - Outlook https://outlook.office365.com/mail/id/AAQkADFjNGRiYWMwLTg1YmYtNGQ3OS04MjAyLWEwODlkYTEwMTAwMQAQAP5StyclsEgjl0LuDZK6N2U%3D 1/2 RE: emails about vines and wrought iron fence Nick Resich <NResich@greenhillsla.com> Thu 2/9/2023 4:38 PM To:Amy Seeraty <AmyS@rpvca.gov> EXTERNAL EMAIL: Do not click links or open any aachments unless you recognize the sender and know the content is safe!!!. Amy It is unfortunate that this is the response that is forwarded to you from Vista Verde. Aached below is the last correspondence we had with VV HOA in regards to vines and their gardener. We have sense reached out to them in regards to their pool and jacuzzi leaking with nothing said about this communicaon they sent to you. When I spoke to the HOA we had no issue with them maintaining their vines and even accessing them from our property but we just needed a Cerficate of liability insurance as I require from all contractors or vendors that work on Green Hills property. The communicaon we had was back in 2021. The communicaon below was where I last heard from VV about their vines and brush they cut that needed to be hauled away. I never received a me or date for them to do the work. We cleared the brush that was le aer their gardener did some tree trimming that fell to our side as a courtesy. It seems now they have a different approach in trying to trim the vines on their wall and deck. I am happy to reach back out and allow access for them to trim the vines but the cerficate of insurance is a must. Besides the email below I have not had any correspondence with anyone at VV in regards to anything they forwarded on to you sense 2021. I will follow up to them with an email asking why the communicaon changed. Hi Nick, Yes, things have been very dramatic along this section of PV Drive North lately with the 3 power outages and the 5-car pile up that took out our fire hydrant & damaged the walking trail, etc! Thanks to your security crew who caught the driver of that truck -- amazing! I sure hope things calm down around here for a while. Thanks for getting back to me regarding the vines behind our pool area where the bees like to build their hives each year. If you can allow Pedro, our landscaper, and his crew to access the fallen vines from your side of the property line that would be great. I will have to ask Pedro if he can provide you/us a Certificate of Insurance to cover any liabilities while he performs that work over there. Also, should I ask Pedro about hauling away those other cut tree branches you had seen behind our carport closer to your utility yard? Or, did your crew already take care of removing those? I recall that you had gotten an estimate and offered to clear that away, but not sure if it happened yet. Please let me know. Meanwhile, I'll speak with Pedro to about hauling away the vines & a date & timeframe, etc. I'll get back to you on that... Thanks and regards, Christa Christa S. Nuber VVOA Board Secretary (310) 951-4451 cell (310) 684-1779 home office csnuber@yahoo.com On Wednesday, August 25, 2021, 11:24:37 AM PDT, Nick Resich <nresich@ghmp.com> wrote: Christa Hope all is well. It is amazing how eventful Palos Verdes drive North is sometime. I saw the vine that pulled away from the side. In looking at that and the brush it would be best to have your landscaper access it from our side and trim/remove what you guys feel is necessary. I will allow access for him to come around to our side and work from here. All I would need from him is proof of insurance just to be on the safe side. Let me know if that works and we can come up with a time and date that works. Let me know. Thanks Nick Resich Director of Buildings and Park Maintenance D-18 From:Nad Gv To:Amy Seeraty; Debbie Landes; Christa Nuber Subject:GH foliage damages our wall Date:Monday, October 10, 2022 2:49:19 PM CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hi Amy, I'm sending this email on behalf of Vista Verde owners, the property bordering the Pacific terrace mausoleum of GH. GH has vines climbing our wall all the way from the beginning to the end of our common wall, south facing for us. Our gardener had trouble cleaning the climbing vines, he was stopped (nor very nicely) by GH workers when he wanted to cut the vines, which climb over and take over our common wall. The vines do serious damage to the wall. We have to spend a lot of money to paint, repair and maintain the wall. This is especially a problem when it comes to the wooden part of it, fencing the pool area. The wood is damaged from attached aerial roots and climbing sticky sprouts of the vines, thus making it prone to weather damage - rot and peeling paint. The plant should be removed or the wall damage should be repaired by the property which caused the damage, in this case GH. See attached pictures. I'm sending this to you as GH is not very open to discuss or help us with anything. We tried to resolve some issues with them, either no answer or just ignoring us. Thank you for your help! Nadia Georgieva, Vista Verde, environmental member of the board D-19 D-20 D-21 From:Nad Gv To:Christa Nuber Cc:Amy Seeraty; Debbie Landes Subject:Re: GH foliage damages our wall Date:Tuesday, October 11, 2022 3:37:18 PM CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Thank you, Christa! I agree with you and I am happy you brought this to Amy Seeraty attention. I knew about the iron fence when I wrote the email, but the wood part is a more urgent matter and somehow I didn't accentuate the black iron fence. Thank you for clarifying it! Best Regards, Nadia On Mon, Oct 10, 2022 at 5:31 PM Christa Nuber <csnuber@yahoo.com> wrote: Thanks for sending this message to Amy, Nadia. I would add that last year our HOA Board hired a handyman to trim the same vines that were growing/climbing onto the roofs of our carports and causing water to pool there, rotting the wood of the roofs, which now require repair. When the handyman clipped the vines, they fell to ground on the GH side of the fence. I notified Nick Resich of this via email with a request to have those vines clipped & hauled away since they harbor insects and rodents. The first response was that our gardener could come onto GH property to do the cutting and hauling at VVOA expense, plus a Certificate of Insurance was required before our crew would be allowed on the premises. I replied via email to say that our gardener would not pay for an extra Certificate of Insurance to do that extra work on the GH property and that the GH crew should be the ones to do the work and pay for it. I received no response to my email about that, and no vine trimming, hauling or repairs were ever done by GH. A further note: That same shared wall between VVOA & GH has a black wrought iron fence that runs the length of our property from west of our carports to the rear or our property. The black fence is peeling and rusting and in need of a new coat of black paint, but since it is owned by GH, we haven't hired anyone to repaint that. We haven't yet communicated to Nick Resich about the additional issue of the wrought iron fence needing repair/repainting. Thanks and regards, Christa S. Nuber VVOA Board Secretary csnuber@yahoo.com On Monday, October 10, 2022 at 02:49:14 PM PDT, Nad Gv <nvgeorg@gmail.com> wrote: D-22 Hi Amy, I'm sending this email on behalf of Vista Verde owners, the property bordering the Pacific terrace mausoleum of GH. GH has vines climbing our wall all the way from the beginning to the end of our common wall, south facing for us. Our gardener had trouble cleaning the climbing vines, he was stopped (nor very nicely) by GH workers when he wanted to cut the vines, which climb over and take over our common wall. The vines do serious damage to the wall. We have to spend a lot of money to paint, repair and maintain the wall. This is especially a problem when it comes to the wooden part of it, fencing the pool area. The wood is damaged from attached aerial roots and climbing sticky sprouts of the vines, thus making it prone to weather damage - rot and peeling paint. The plant should be removed or the wall damage should be repaired by the property which caused the damage, in this case GH. See attached pictures. I'm sending this to you as GH is not very open to discuss or help us with anything. We tried to resolve some issues with them, either no answer or just ignoring us. Thank you for your help! Nadia Georgieva, Vista Verde, environmental member of the board D-23 D-24 From:Christa Nuber To:Amy Seeraty; Debbie Landes; Nad Gv Subject:Re: GH foliage damages our wall Date:Monday, October 10, 2022 5:31:32 PM CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Thanks for sending this message to Amy, Nadia. I would add that last year our HOA Board hired a handyman to trim the same vines that were growing/climbing onto the roofs of our carports and causing water to pool there, rotting the wood of the roofs, which now require repair. When the handyman clipped the vines, they fell to ground on the GH side of the fence. I notified Nick Resich of this via email with a request to have those vines clipped & hauled away since they harbor insects and rodents. The first response was that our gardener could come onto GH property to do the cutting and hauling at VVOA expense, plus a Certificate of Insurance was required before our crew would be allowed on the premises. I replied via email to say that our gardener would not pay for an extra Certificate of Insurance to do that extra work on the GH property and that the GH crew should be the ones to do the work and pay for it. I received no response to my email about that, and no vine trimming, hauling or repairs were ever done by GH. A further note: That same shared wall between VVOA & GH has a black wrought iron fence that runs the length of our property from west of our carports to the rear or our property. The black fence is peeling and rusting and in need of a new coat of black paint, but since it is owned by GH, we haven't hired anyone to repaint that. We haven't yet communicated to Nick Resich about the additional issue of the wrought iron fence needing repair/repainting. Thanks and regards, Christa S. Nuber VVOA Board Secretary csnuber@yahoo.com On Monday, October 10, 2022 at 02:49:14 PM PDT, Nad Gv <nvgeorg@gmail.com> wrote: Hi Amy, I'm sending this email on behalf of Vista Verde owners, the property bordering the Pacific terrace mausoleum of GH. GH has vines climbing our wall all the way from the beginning to the end of our common wall, south facing for us. Our gardener had trouble cleaning the climbing vines, he was stopped (nor very nicely) by GH workers when he wanted to cut the vines, which climb over and take over our common wall. The vines do serious damage to the wall. We have to spend a lot of money to paint, repair and maintain the wall. This is especially a problem when it comes to the wooden part of it, fencing the pool area. The wood is damaged from attached aerial roots and climbing sticky sprouts of the vines, thus D-25 making it prone to weather damage - rot and peeling paint. The plant should be removed or the wall damage should be repaired by the property which caused the damage, in this case GH. See attached pictures. I'm sending this to you as GH is not very open to discuss or help us with anything. We tried to resolve some issues with them, either no answer or just ignoring us. Thank you for your help! Nadia Georgieva, Vista Verde, environmental member of the board D-26 D-27 E-1 RESOLUTION NO. 2021-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "F" TO THE APPROVED CONDITIONAL USE PERMIT NO. 55, AMENDING CONDITION NO. 6 TO ALLOW, WITH CONDITIONS OF APPROVAL, BURIALS ON THE ROOFTOP OF INSPIRATION SLOPE MAUSOLEUM FOR PROPERTY LOCATED AT 27501 S. WESTERN AVENUE (GREEN HILLS MEMORIAL PARK). WHEREAS, on April 24, 2007, the Planning Commission adopted P.C. Resolution No. 2007-32, certifying a Mitigated Negative Declaration and adopted P.C. Resolution No. 2007-33, approving amendments to the Conditional Use Permit No. 155 for the Green Hills Master Plan, which called for development of the Green Hills Memorial Park ("Green Hills") over the following 30 to 50 years, and allowed grading and mausoleum buildings to be constructed at various specified locations throughout Green Hills cemetery; and, WHEREAS, on November 25, 2008, the Planning Commission conducted an annual review and adopted P.C. Resolution No. 2008-47, approving a revision to the Master Plan at Green Hills cemetery; and, WHEREAS, on February 25, 2014, following complaints by the Vista Verde Condominium Association regarding the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, the Planning Commission conducted an annual review of Conditional Use Permit No. 155 and tentatively agreed to impose a 90-day moratorium on all ground burials and interments on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum while Staff identified new or revised conditions to address specific noise, visual, and privacy impacts identified by the. Planning Commission based on public testimony, and continued the public hearing to March 11, 2014; and, WHEREAS, on March 11, 2014, the Planning Commission continued the public hearing to April 22, 2014, and again on May 13, 2014, August 12, 2014, and August 26, 2014, to allow Green Hills and the Vista Verde Condominium Association to continue their discussions regarding the existing Pacific Terrace/Memorial Terrace Mausoleum; and, WHEREAS, on October 28, 2014, the Planning Commission conducted a public hearing and unanimously agreed to impose specific operational conditions on Green Hills to minimize impacts from burial activity involving the Pacific Terrace/Memorial Terrace Mausoleum and continued the public hearing to November 11, 2014; and, 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-foot 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 F-1 specific structures/interments that are located in setbacks to remain and imposing new conditions on the cemetery to avoid/minimize impacts to the adjoining neighbors from burial activity on the roof of the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11 of the Green Hills Master Plan; and, WHEREAS, on November 25, 2014, Ellen Berkowitz of Gresham, Savage Nolan Tilden filed an appeal of the Planning Commission's decision to the City Council on behalf of Green Hills Memorial Park, seeking to overturn the entirety of the Planning Commission's decision; and, WHEREAS, on January 20, 2015, the City Council continued the public hearing, then again on September 1, 2015, and September 15, 2015, directing Staff to prepare a resolution upholding the Planning Commission's action; and, WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-102, upholding in part and modifying in part the Planning Commission's decision approving the compliance review for the Green Hills Cemetery and allowing the mausoleum building in Area 11 to remain in accordance with its 2007 approvals and permits and revising certain conditions of approval, and amending the Green Hills Cemetery Master Plan; and, WHEREAS, no Annual Compliance Review was conducted for 2015 since the 2014 Annual Review commenced on February 25, 2014, and extended through November 17, 2015; and, WHEREAS, on July 19, 2016, the City Council received and filed an agreement that allowed Green Hills to store buried concrete vaults on the roof of the Inspiration Slope Mausoleum and 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; 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, which included an updated requirement for all rooftop interments to be heard by the City Council; 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. 2021-66 Page 2 of 7F-2 WHEREAS, on January 21, 2020, the City Council conducted the 2019 annual review and adopted Resolution No. 2020-03, approving revisions to the Conditions of Approval as part of the 2019 Annual Review for the Green Hills Conditional Use Permit, which included the requirement that any rooftop burials at Inspiration Slope Mausoleum be reviewed by the City Council; and, WHEREAS, on March 2, 2021, the City Council conducted the 2020 annual review and found that Green Hills was in compliance with the Conditions of Approval of Conditional Use Permit No. 55; and, WHEREAS, on October 8, 2021, Green Hills submitted a request to begin utilizing previously installed concrete vaults for burial on the rooftop of the Inspiration Slope Mausoleum, which requires City Council review and approval pursuant to Condition No. 6.c of Resolution No. 2020-03; and, WHEREAS, on November 16, 2021, the City Council conducted a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. During the meeting, the City Council voiced concerns about how the request may impact the neighboring properties, and continued the public hearing to the December 7, 2021 meeting, to allow for the project to be re-noticed as a Conditional Use Permit Revision, and to allow any interested City Council members an opportunity to visit the site to better understand the proximity and potential effects of burials on the Inspiration Slope Mausoleum rooftop to the nearest adjacent residential neighborhood; and, WHEREAS, on November 18, 2021, a public notice for the proposed Conditional Use Permit Revision was mailed to owners of property within a 500-foot 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 Zoning Code; and, WHEREAS, the City Council held a duly noticed public hearing on December 7, 2021, 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 Resolution No 2021-66 Page 3 of 7F-3 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 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, an annual review approved with modified conditions in 2020, and the most recent annual review approved in 2021. 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. 2020-03. Accordingly, the Council finds: A. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. To wit: Green Hills Memorial Park's entrance is located at 27501 Western Avenue in the northeast corner of the City, bordering the City of Lomita, the City of Rolling Hills Estates, and the City of Los Angeles. The property is approximately 121 acres in size, and is a privately owned and operated cemetery facility. Approximately 1,800 burials occur annually at the cemetery. The site is, therefore, of a size and shape that allows its use as a cemetery facility, including all required setbacks, landscaping and other features. The entrance is sufficient to accommodate traffic into and out of the cemetery. The cemetery abuts residential properties to the north and south, a church complex and reservoir land to the west, and residential and land that is currently under development to the east (site of the Highpark/Ponte Vista residential development), across Western Avenue. The use of the property is thus consistent with surrounding uses and the adjacent neighborhood as a low-density development. B. That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. To wit: Green Hills Memorial Park has been in existence at this location since 1948. Its main entrance is located on Western Avenue, a major thoroughfare that accommodates the amount of vehicular traffic to and from the cemetery. The proposed changes to the conditions will not negatively affect the traffic on Western Avenue as Western Avenue will be sufficient to handle any additional traffic that may be created by the proposed amendment, which allows burials on the rooftop of the Inspiration Slope Mausoleum. Resolution No. 2021-66 Page 4 of 7F-4 Furthermore, no additional construction or grading is required for this request, as the vaults for burials were installed when the Inspiration Slope Mausoleum was constructed. 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 minimize impacts on neighboring properties. Conditions address, among other issues: parking, grading, noise, landscaping, setbacks, mitigation monitoring, Master Plan compliance reviews, dust, emissions by construction vehicles and equipment, construction, dirt storage, lighting, employee training and complaints, trash and debris, storage of equipment and supplies, fences, signage, and storm water mitigation. This is further described in Finding E below. D. That the proposed use is not contrary to the general plan. To wit: Green Hills Memorial Park and any proposed burials within the site, including those on the rooftop of the Inspiration Slope Mausoleum are 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 provision for additional burial space on the site may help to serve the 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 current project, which will also meet the intent of this condition. Section 4: Modification of Conditions. Attached hereto as Exhibit 'A' are conditions governing this use, both existing and modified conditions, all incorporated herein. As set forth above, this determination includes amending one existing condition of approval of the Green Hills Master Plan to allow burials on the rooftop of the Inspiration Resolution No 2021-66 Page 5 of 7F-5 Slope Mausoleum. The amendment to the condition is summarized and shown below with the deleted text shown and new text in bold, italic and underlined: A. Condition No. 6.c is amended to allow burials on the rooftop of the Inspiration Slope Mausoleum, as follows: 6.c Rooftop Interments. described in Condition No. 2b. Rooftop interments are allowed on the rooftop of the Inspiration Slope Mausoleum, subject to the following conditions: 1) During every burial service on the rooftop of the Inspiration Slope Mausoleum, at least one employee of the cemetery shall attend and monitor the service to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. 2) The property owner shall install and maintain monitoring equipment examples may include but are not limited to cameras, motion detectors, etc.) to monitor Inspiration Slope Mausoleum rooftop activities. 3) The property owner shall install and maintain additional signs on the Inspiration Slope Mausoleum rooftop, which shall be clearly visible from all areas of the Inspiration Slope Mausoleum rooftop, informing visitors of the cemetery rules, which include but are not limited to, the prohibition of on-site consumption of alcoholic beverages, excessive noise and amplified music, and disruptive behavior. 4) With the exception of ground cover, no other vegetation shall be planted on the roof of the Inspiration Slope Mausoleum. AMENDED ON DECEMBER 7, 2021, PER RESOLUTION NO. 2021-66 Section 5: Modifications to Conditions. For the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings in this matter, and pursuant to Condition of Approval No. 2.b contained in Resolution No. 2020-03, the City Council of the City of Rancho Palos Verdes hereby adds to the Green Hills Cemetery Master Plan Conditional Use Permit, the amended conditions of approval that are set forth within the attached Exhibit 'A,' which is incorporated herein by this reference. Section 6: 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 7th day of December 2021. Resolution No 2021-66 Page 6 of 7F-6 Mayor ATTEST: Geresa oka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2021-66, was duly adopted by the City Council of said City at a regular meeting thereof held on December 7, 2021. s ka City Clerk Resolution No. 2021-66 Page 7 of 7F-7 RESOLUTION NO. 2021-66 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 11 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.q OF RESOLUTION NO. 2015-102. d. Slope Grades Maximum. Finish slopes and grades shall not exceed 3:1 and shall include the installation of erosion control methods, such as jute netting and plant material. PREVIOUSLY CONDITION 25 OF RESOLUTION NO. 2015-102. F-8 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. lh. 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. 2. Review of Future Improvements: Future improvements shall be in substantial compliance with the Master Plan Revision approved by the Planning Commission on Resolution No 2021-66 Exhibit A Page 2 of 29F-9 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. 1.1 OF RESOLUTION NO. 2015-102. 3) Cemetery Related Features. Customary cemetery-related features over 36 inches in height, including but not limited to, water features, garden walls, bench memorials, gardens, upright memorial features, statues, stone features including stone landscaping features), cenotaph walls, topiaries, sculptures and other artistic works, ossuaries, bridges, cremation benches, outer interments containers and above ground vaults, and similar features, provided that the height of such features shall not exceed 16 feet. In setback areas, such features are not permitted unless specified in the respective Area conditions Areas 1-13). PREVIOUSLY CONDITION NO. 1k OF RESOLUTION NO. 2015-102. 4) Fences and Walls. Freestanding fences and walls, including perimeter walls, up to 8 feet in height shall be permitted throughout the property. Fences and walls (excluding perimeter fences and walls) located outside of structure setbacks may accommodate niches or vault interments and are not subject to interment setbacks. Perimeter fences and walls shall be solid. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 5) Retaining Walls. Retaining walls shall be permitted throughout the property and may accommodate niche or vault interments. Resolution No. 2021-66 Exhibit A Page 3 of 29F-10 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. 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). Resolution No. 2021-66 Exhibit A Page 4 of 29F-11 The City Council shall consider all such matters only through a noticed public hearing. Notice of the public hearing shall be published and provided to owners of property within a 500-foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. At that time, the City Council may determine that the proposed improvements are in substantial compliance or add, delete, or modify the conditions of approval or the Master Plan, as deemed necessary and appropriate. Written notice of the City Council's decision shall be given to the property owner. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 3. Building Silhouettes. Prior to construction of any building, including any substantial modification or reconstruction of such buildings, the applicant shall install a certified temporary frame silhouette before the City can deem the application complete. Once the silhouette is constructed, a licensed engineer, land surveyor or architect must certify that the silhouette accurately depicts the location, height and outline of the proposed building. PREVIOUSLY CONDITION NO. 1i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 4. Building Heights. Building height limitations are determined by these conditions. The heights of each building shall be certified by a registered Civil Engineer and submitted to the Community Development Department prior to Building Permit Final. New mausoleum buildings (including Inspiration Slope Mausoleum) shall not exceed 20- feet in height as measured from the highest existing/preconstruction grade elevation covered by the structure to the highest point of the structure (including railings and/or pilaster caps), and shall not exceed an overall height of 30-feet as measured from the lowest finished grade adjacent to the building to the highest point of the structure including railings and/or pilaster caps). PREVIOUSLY CONDITION NO. 30 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 5. Area 1 (Pacifica): a. Structure Setbacks for the Pacifica Mausoleum: West: 15 feet (except for portions previously approved at 5 feet and 8 feet which may not be further modified) North: 40 feet East: 25 feet South: If abutting a residential zoning district, 40 feet. If abutting a nonresidential zoning district, 25 feet Resolution No. 2021-66 Exhibit A Page 5 of 29F-12 b. Earth Interments: West: 0 feet North: 16 feet except for the 13 interments in the northwest corner and 6 plots already sold. c. Supervision. During every burial service located between the north property line and the adjacent roadway, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. d. Vegetation. Except for the existing hedge, drought tolerant, low maintenance and erosion controlling landscaping is required in the western setback adjacent to the Pacifica Mausoleum expansion. PREVIOUSLY CONDITION NO. 8 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 6. Area 2 (Inspiration Slope): a. Grading. Area will be constructed in a minimum of three phases over a period of 5- to 10-years (as funding and budgeting become available), with the initial phase completed in 2017. The construction will require adequate backfill to keep the adjacent earth Interments section at a consistent level. Cumulatively, upon completion, the project will have produced approximately 53,000 cubic yards of grading; however, each phase will require between approximately 10,000 to 15,000 cubic yards of import. Thus, it is estimated that approximately 40,000 cubic yards of import fill will be required for construction of the entire Inspiration Slope project. PREVIOUSLY CONDITION NO. 1.b.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. b. Mausoleum. The mausoleum on Inspiration Slope shall be located as shown on the Master Plan so as not to impair views from the Peninsula Verde neighborhood. Any new construction or expansion of the mausoleum shall require City Council review as described in Condition No. 2b. PREVIOUSLY CONDITION NO. 23 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. c. Rooftop Interments. Rooftop interments are allowed on the rooftop of the Inspiration Slope Mausoleum, subject to the following conditions: 1) During every burial service on the rooftop of the Inspiration Slope Mausoleum, at least one employee of the cemetery shall attend and monitor the service to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. Resolution No. 2021-66 Exhibit A Page 6 of 29F-13 2) The property owner shall install and maintain monitoring equipment examples may include but are not limited to cameras, motion detectors, etc.) to monitor Inspiration Slope Mausoleum rooftop activities. 3) The property owner shall install and maintain additional signs on the Inspiration Slope Mausoleum rooftop, which shall be clearly visible from all areas of the Inspiration Slope Mausoleum rooftop, informing visitors of the cemetery rules, which include but are not limited to, the prohibition of on- site consumption of alcoholic beverages, excessive noise and amplified music, and disruptive behavior. 4) With the exception of ground cover, no other vegetation shall be planted on the roof of the Inspiration Slope Mausoleum. AMENDED ON DECEMBER 7, 2021, PER RESOLUTION NO. 2021-66. 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. Resolution No. 2021-66 Exhibit A Page 7 of 29F-14 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. 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. 10.d) for screening purposes. Landscaping shall be planted on Resolution No 2021-66 Exhibit A Page 8 of 29F-15 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 monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 9. Areas 5 and 6: a. Grading. Approximately 137,000 cubic yards of grading is permitted to accommodate future mausoleum buildings and earth interments. PREVIOUSLY CONDITION NO. 1.h OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. b. Excess Material/Stockpiling in Area 6. Excess earth material resulting from interment sites, ground spoils, construction, or site grading, shall be permitted to be stored/stockpiled. The property owner shall maintain a minimum 8 foot high chain link fence with a mesh material to reasonably screen, enclose, and confine Area 6, consistent with the plans on file and approved by the Director in February 2017, to mitigate any unsightly aesthetic conditions related to the stockpiling, storage of materials, and trash. Area 6 shall be regularly watered to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to Area 6 and a phone number(s) to be called in the event that dust is visible from Area 6, shall be posted and displayed on the fencing. PREVIOUSLY CONDITION NO. lh 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: 5 feet Resolution No. 2021-66 Exhibit A Page 9 of 29F-16 South: 40 feet e. Earth Interments Setbacks: West: 5 feet South: 20 feet (presumes 8 foot landscape buffer and 10 foot wide roadway) f. Landscape Screening. Landscaping shall be planted within 8' of the future south perimeter wall on the cemetery side prior to the completion of the future roadway refer to Condition No. 9g) for screening purposes. Landscaping shall measure at least 8 feet in height from adjacent grade. Neither the existing nor proposed landscaping shall significantly impair any near or far view as defined by the Development Code. The property owner shall be responsible for continuous maintenance of this landscaping. PREVIOUSLY CONDITION NO. 20.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. g. Road. The future road extension that parallels the south property line shall be completed prior to the City issuing a final occupancy permit for any building in Area 6. The future road extension that parallels the south property line shall be setback a minimum of 8 feet from the future wall to provide a landscape buffer as required in Condition No. 9f. Prior to construction, the future road shall include traffic calming measures as deemed acceptable by the Director of Community Development. PREVIOUSLY CONDITION NO. 27 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. h. Supervision. During every burial service, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and the cemetery park rules. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. i. Historic Church in Area 6. Revision "D" to conditional use permit of the Green Hills permits the placement of an historic church building in Area 6 of the Master Plan, southwest of the existing duck pond. The church building measures less than 1,100 square feet in area, and has a steeple at the front of the building that is 7- feet wide, 7-feet deep, and 38-feet tall. 1) The church building may be used for funeral services only, and may not be used for congregational church services. Further, the existing bell may remain as a decorative feature only, and the bell or bell recordings may not be used. Resolution No. 2021-66 Exhibit A Page 10 of 29F-17 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. 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:. Resolution No 2021-66 Exhibit A Page 11 of 29F-18 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. 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 Resolution No. 2021-66 Exhibit A Page 12 of 29F-19 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. 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 3:00 p.m., Monday through Sunday (See Condition 17). PREVIOUSLY CONDITION NO. 1.3. 5.a OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. 2) Hours. Burials and all associated services on the roof top earth interments of the Pacific Terrace/Memorial Terrace Mausoleum building shall only be allowed between the hours of 10:00 a.m. and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.b OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. 3) Sales. Sales personnel shall be allowed to show potential roof-top earth interment plots on the Pacific Terrace/Memorial Terrace Mausoleum building in Area 11, only between the hours of 10:00 a.m. and 3:00 p.m. Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.f OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. 4) Haul Vehicle. The use of a mini-haul vehicle (which is illustrated in Green Hills' power point presentation to the Planning Commission on May 13, 2014) shall be limited to pre-service interment preparation and post-service plot backfilling Resolution No. 2021-66 Exhibit A Page 13 of 29F-20 of the rooftop earth interments during the hours of 10:00am and 3:00 p.m., Monday through Sunday. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION'NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. 5) Sound. The use of amplified sound is prohibited on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building. This prohibition shall not apply to the amplified sound for the playing of "Taps" as part of funeral services for military personnel and for police, fire and other first responders. PREVIOUSLY CONDITION NO. 1.3.5.d OF RESOLUTION NO. 2015-102. 6) Tenting. All services on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum building shall be conducted within temporary covered tenting that is enclosed on a minimum of 2 sides, as illustrated in Green Hills' power point presentation to the Planning Commission on May 13, 2014. One of the two covered sides shall be the north side facing the Vista Verde Condominium complex. Temporary tenting shall beerected no earlier than 2 hours prior to the burial service and shall be removed within 2 hours after the burial service. PREVIOUSLY CONDITION NO. 1.3.5.e OF RESOLUTION NO. 2015-102. 7) Notice to Property Owners. Small flags shall be placed on any interment site located on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum within 24 hours after a burial service has been scheduled for that site, to provide neighboring property owners with advanced notice of scheduled interment and burial services, unless burial will be in less than 24 hours from death in which case flags will be placed as soon as possible before the service. The property owner shall also post on its publicly accessible website www.greenhillsmemorial.com) additional details concerning the anticipated time and date of scheduled burial services. PREVIOUSLY CONDITION NO. 1.3.5.g OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2016, PER RESOLUTION NO. 2017-03. 8) Supervision. During every burial service occurring on the rooftop of the Pacific Terrace/Memorial Terrace Mausoleum, at least one employee of the cemetery shall attend and monitor services to ensure it is being conducted in compliance with these conditions of approval and cemetery park rules. PREVIOUSLY CONDITION NO. 1.3.5.h OF RESOLUTION NO. 2015-102. 9) Excluded Areas. In no event shall below-grade interments be allowed on the roof of the Memorial Terrace Mausoleum building that are within 16-feet from the northern property line. Specifically, plots illustrated in sections 540 through Resolution No 2021-66 Exhibit A Page 14 of 29F-21 553, as depicted in the attached Exhibit C of Resolution No. 2015-102, are hereby eliminated. PREVIOUSLY CONDITION NO. 1.3.5.i OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER,RESOLUTION NO. 2018-07. 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 themediation 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 Buildinq): 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 Inferrera 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. Resolution No. 2021-66 Exhibit A Page 15 of 29F-22 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: 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: 25 feet West: 40 feet interior and side if abutting a residential zoning district and 2 feet if abutting a nonresidential zoning district South: 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 fora 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. Resolution No. 2021-66 Exhibit A Page 16 of 29F-23 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. 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: 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. South: 40 feet Resolution No 2021-66 Exhibit A Page 17 of 29F-24 East: 25 feet West: 5 feet PREVIOUSLY CONDITION NO. 7 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 14. Noise. The property owner shall conduct its activities on site so as to not create noise nuisances to neighboring properties. Live and/or amplified music, for funeral services community events shall be limited to the duration of the service or event. No noise shall emanate from the property exceeding 65 dBA at the common property lines abutting a Residential Zoning District. The property owner shall be responsible for monitoring, preventing, and initiating timely corrective action to address any noise problems. This condition shall apply in addition to any noise ordinance and/or code amendment adopted by the City, and when there is conflicting requirements, the stricter requirement shall apply. PREVIOUSLY CONDITION NO. 9 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 15. Cemetery Liaison. The property owner shall provide abutting Homeowner Associations and any neighbors that request contact information for Green Hills Cemetery personnel that can be contacted about operational impacts, including but not limited to, excessive noise or other activities. PREVIOUSLY CONDITION NO. 11 OF RESOLUTION NO. 2015-102. 16. Security. At least one security employee shall be on duty patrolling and monitoring activities on the property for the entirety of the cemetery operation hours. Security reports shall be made available to the Neighborhood Advisory Committee at its meetings as described in Condition 17. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. 17. Green Hills Cemetery Neighborhood Advisory Committee. Green Hills shall establish a neighborhood advisory committee, consisting of two representatives and one observer from the Peninsula Verde and the Rolling Riviera homeowner's associations, as well as a representative from City Staff. The Committee shall meet at least once each calendar year, but no more than four times per calendar year during normal business hours to review any operational and neighborhood concerns. Reports on the meeting shall be provided to the City Council. ADDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. AMENDED ON JANUARY 21, 2020, PER RESOLUTION NO. 2020-03 Resolution No. 2021-66 Exhibit A Page 18 of 29F-25 III 18.Signage. The property owner shall install and maintain visible signage at various locations throughout the property informing visitors of the cemetery rules, including but not limited to, the prohibition of on-site consumption of alcoholic beverages, excessive noise and amplified music, and disruptive behavior. At a minimum, the cemetery park rule signs shall be installed at the park cemetery entrance and in Areas 1, 2, 4, 5, 6, and 11, approved by the Director. 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) Snow Days (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. Resolution No. 2021-66 Exhibit A Page 19 of 29F-26 AMENDED ON JANUARY 21, 2020, PER RESOLUTION NO. 2020-03 19.Construction: a. Construction Sites. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. PREVIOUSLY CONDITION NO. 13 OF RESOLUTION NO. 2015-102. b. Trash and Debris. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but is not limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. All landscape pruning, including but not limited to grass, leaves, branches, fertilizer, etc., shall be properly stored in areas with minimal visual impact to adjacent homeowners, and shall be stored in appropriate containers and disposed of in a lawful manner. PREVIOUSLY CONDITION NO. 14 OF RESOLUTION NO. 2015-102. c. 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 toadjacent 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 Resolution No 2021-66 Exhibit A Page 20 of 29F-27 recommendations on the proper handling and safety requirements of equipment and material in the mortuary and crematory, as well as compliance with the requirements of these conditions of approval. PREVIOUSLY CONDITION NO. 12 OF RESOLUTION NO. 2015-102. f. Easements. Any grading, construction, placement of structures, including but not limited to walls, fences, and interments on any easement, requires prior written permission from the easement holder. All easements shall be identified on plans submitted to the City. PREVIOUSLY CONDITION NO. 34 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 20.Hours of Operations: b. General. This section shall govern hours of operations except for any provision concerning specific areas of the cemetery. c. Hours of Facilities. Unless otherwisespecified in these conditions, hours of operation are as follows except for the following events: Easter Sunrise, Memorial Day, Let It Snow, Harvest Festival, and Shakespeare in the Park. The property owner shall provide the dates of the aforementioned events to the Director by January 1st of each year. Park Hours: 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. d. 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. e. 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. 2021-66 Exhibit A Page 21 of 29F-28 f. Non-Construction and Burial Related Activity. Excavation for removal and replacement of vault tops and earth for preparation of interment sites, individual111placementofvaultsforfuneralservicesandoperationoflandscapemaintenance 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. f. The Moving Wall. (Traveling half-size replica of the Vietnam Veterans Memorial). The property owner shall be allowed to have The Moving Wall located on the property no more than 10 calendar days per calendar year, subject to the following: i. The Moving Wall shall be allowed to remain on display for no more than 10 days. ii. 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. iii. Plans. At least 60 days prior to the installation of The Moving Wall on the property, the property owner shall notify the Director of Community Development where The Moving Wall is proposed to be placed. iv. 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. PREVIOUSLY CONDITION NO. 17 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED 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.-Irrigation systems shall be designed to provide adequate coverage with no over-spray, runoff, or excessive quantities of water output. Use of drip irrigation systems is required wherever possible. A low water use turf shall be used in all new lawn areas. Prior to installation, the Director shall review and approve the landscape and irrigation plan for the setback areas. All existing and future landscaping shall be properly maintained in a healthy and trimmed manner at all times. PREVIOUSLY CONDITION NOS. 18 and 24 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 22.Mitigation Monitoring. All mitigation measures contained in the approved Mitigation Monitoring Program contained in P.C. Resolution No. 2007-32 for the Mitigated Negative Declaration, shall be incorporated into the implementation of the proposed project and adhered to. The mitigation measures are as follows: Resolution No. 2021-66 Exhibit A Page 22 of 29F-29 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 façade 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. 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. Resolution No. 2021-66 Exhibit A Page 23 of 29F-30 AQ-7: During construction of any improvements associated with the Master Plan, the owner shall ensure that street sweeping will be initiated if visible dust is deposited upon public paved roadways due to the project. AQ-8: During the daily cemetery operations, the property owner shall ensure that all clearing and earth moving will be discontinued during periods of high winds (i.e., greater than 25 mph), so as to prevent excessive amounts of dust. This shall not apply to excavations for individual burial plots prior to a service, or to filling of individual burial plots after a service. AQ-9: During the daily cemetery operations, the property owner shall ensure that on- site vehicle speeds associated with the transporting of earth materials are limited to 15 miles per hour on unpaved roads. AQ-10: The property owner shall ensure that grave spoils are placed in Area 5 and/or Area 6 of the Master Plan, which will be placed to fill the areas. A minimum 8-foot high chain link fence with a mesh material to reasonably screen the fill area from neighbors shall enclose and confine said area. AQ-11: The confined fill locations described in mitigation measure AQ-10 above, shall be regularly watered to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. AQ-12: A weatherproof notice/sign setting forth the name of the person(s) responsible for the daily dirt movement to these confined fill locations and a phone number(s) to be called in the event that dust is visible from the confined fill locations described in mitigation measure AQ-10 above, shall be posted and displayed on the fencing. AQ-13: If stockpiling of earth material becomes necessary for ultimate use as backfill, stockpiling shall only be located in Area 5 and/or Area 6 of the Master Plan, and shall be subject to conditions AQ-10, AQ-11 and AQ-12 above. AQ-14: The Director or the City Council shall review future improvements in accordance with Condition No. 2. The City Council shall review any changes to fec the Master Plan or the conditions of approval associated with the Master Plan in accordance with Condition No. 2b. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. GS-1: The property owner shall submit a geotechnical report for review and approval by the City Geologist prior to the issuance of a building permit for each mausoleum building or grading permit for any earth movement beyond that associated with ground interment sites, unless the City Geologist deems that a geotechnical report is not warranted. Further, prior to any additional placement of fill in Area 5, a detailed grading plan with relevant geotechnical reports supporting recommendations for grading in Areas 5 and 6 shall be submitted by the applicant to the City for review and approval Resolution No 2021-66 Exhibit A Page 24 of 29F-31 by the Building and Safety Division and the City Geologist prior to issuance of a building permit for any mausoleum. GS-2: The property owner shall ensure that all applicable conditions as specified within the geotechnical report and all measures required by the City Geologist are incorporated into the project. HW-1: The property owner shall prepare a Standard Urban Stormwater Mitigation Plan SUSMP) along with a Maintenance Agreement and Transfer. The SUSMP and related information shall be reviewed and approved by the Director, or his/her designee prior to the issuance of grading and building permits for any mausoleum building. N-1: Construction activity of the mausoleum buildings and grading operations shall be limited to the hours of 7:00 am and 4:00 pm, Monday through Friday. There shall be no construction on Saturdays, Sundays or federally observed holidays unless a Special Construction Permit is obtained 48 hours prior to work on a federally observed holiday. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. N-2: During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 am Monday through Friday and before 9:00 am on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. N-3: The City Council shall conduct an annual review or as deemed necessary by the City Council to review the property owner's compliance with all conditions of approval associated with the Master Plan. At that time, the City Council may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500' foot radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. PREVIOUSLY CONDITION NO. 5 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 23.Sewer and Water Facilities. The site shall be served by adequately sized water system facilities as determined by the Los Angeles County Fire Department. All Los Angeles County Fire Department requirements shall be satisfied prior to building permit issuance for mausoleum buildings. Any new sewer and water facilities must tie Resolution No. 2021-66 Exhibit A Page 25 of 29F-32 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 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. Resolution No. 2021-66 Exhibit A Page 26 of 29F-33 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 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 Resolution No. 2021-66 Exhibit A Page 27 of 29F-34 account shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. PREVIOUSLY CONDITION NO. 39 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. 33.Defense of Claims Against Project. a. Non-Liability of City. The Parties acknowledge that: (i) In the future there may be challenges to legality, validity and adequacy of the Project approvals; and (ii) If successful, such challenges could delay or prevent the ongoing use of the Project as provided herein. In addition to the, other provisions of the CUP, including, without limitation, the provisions of this Section, City shall have no liability under the CUP for the inability of property owner to develop the Property as contemplated by the Master Plan or the CUP as the result of a judicial determination that the General Plan, Master Plan, the Land Use Regulations, the CUP, or portions thereof, are invalid or inadequate or not in compliance with law. b. Revision of Land Use Restrictions. If for any reason the General Plan, Master Plan, Land Use Regulations, this CUP or any part thereof of the property approvals is hereafter judicially determined as provided above to be not in compliance with the 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 ownershall agree to defend, indemnify and hold harmless, the City, its agents, officers and employees from any claim, action or proceeding against the City and the application will either undertake defense of the matter and pay the City's associated legal costs, or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the property owner of any such claim, action or proceeding or fails to cooperate fully in the defense, the property owner shall not, thereafter, be responsible to defend, indemnify or hold harmless the City. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the property owner's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of indemnification rights herein, providing, however, that the adverse judgment or failure to appeal is not due to the City's failure to promptly notify Applicant or to cooperate fully in the defense. The foregoing includes, but is not limited to, any and all claim(s), causes of action or lawsuit(s) brought by the Claimants, by their homeowners' association or by anyone else on their behalf. d. Limitation of Indemnity. Notwithstanding the generality of the above, for purposes of the current claims by the Vista Verde homeowners concerning the Mausoleum, Resolution No 2021-66 Exhibit A Page 28 of 29F-35 the City shall bear its own legal defense costs, but this restriction shall not apply to future matters. e. Hold Harmless: Construction and Other Activities. The property owner hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys' fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Green Hills or Green Hills' agents, contractors, subcontractors, agents, or employees' operations under the CUP, whether such operations be by the property owner or by any of the property owner's agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for the property owner or any of the property owner's agents, contractors or subcontractors. Nothing herein is intended to make the property owner liable for intentional wrongful and/or reckless acts of City's officers, employees, agents, contractors or subcontractors. f. Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement or CUP for any reason other than City's default. PREVIOUSLY CONDITION NO. 41 OF RESOLUTION NO. 2015-102. 34.Applicant Acceptance of Conditions. The property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval, and subsequent amendments to the conditions of Approval. Failure to provide said written statement within thirty (30) days following the date of this approval and subsequent amendments to the conditions of Approval shall render this approval null and void. PREVIOUSLY CONDITION NO. 4 OF RESOLUTION NO. 2015-102. AMENDED ON JANUARY 31, 2017, PER RESOLUTION NO. 2017-03. AMENDED ON FEBRUARY 6, 2018, PER RESOLUTION NO. 2018-07. I Resolution No. 2021-66 Exhibit A Page 29 of 29F-36 ENGINEERING CORP. boltonengineering.com | 310.325.55801G-1 (E) BU ILDING TO REMAIN ENGINEERING CORP. boltonengineering.com | 310.325.55802G-2 ENGINEERING CORP. boltonengineering.com | 310.325.5580310102010G-3