HomeMy WebLinkAbout06_Annual Review of Pacific View Memorial Park DA_PA2009-024 co,
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 30, 2019
Agenda Item No. 6
SUBJECT: Annual Review of Pacific View Memorial Park Development Agreement
(PA2009-024)
• Development Agreement No. 7 (DA2006-001)
SITE LOCATION: 3500 Pacific View Drive
APPLICANT: Pacific View Memorial Park
OWNER: Pacific View Memorial Park
PLANNER: Rosalinh Ung, Senior Planner
949-644-3208, rung(a-)newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• General Plan: PI (Private Institutions)
• Zoning District : PI (Private Institutions)
PROJECT SUMMARY
An annual review of Development Agreement No. 7 for Pacific View Memorial Park,
pursuant to Section 15.45.080 of the Newport Beach Municipal Code and Section
65865.1 of the California Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find the annual review is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15321 , Class 21 (Enforcement Actions by Regulatory
Agencies) of the CEQA Guidelines;
3) Receive and file the Annual Report of the Development Agreement for Pacific View
Memorial Park (Attachment No. ZA 2); and
4) Find that the applicant has demonstrated good faith compliance with the terms of
Development Agreement No. 7.
1
Annual Review of Pacific View Park Development Agreement (PA2009-024)
Zoning Administrator, May 30, 2019
Page 2
BACKGROUND
On July 10, 1995, the City Council adopted Ordinance No. 95-26 approving a
Development Agreement (DA) between the City and Pacific View Memorial Park ("Pacific
View") establishing maximum development allocations for the memorial park. The DA
also provides a set of comprehensive development provisions including development
phasing, construction scheduling, the height and design of structures, landscaping, and
the maintenance of buffer landscape areas.
On September 25, 2007, the City Council approved an amendment to the DA modifying
development allocations within specific building sites. The term of the Development
Agreement was also extended to 2025 and the amendment provided a seven-year
automatic extension to 2032 should Pacific View not complete all of the development
authorized before 2025. The original and amended DA are available online at:
http://www.newportbeachca.gov/developmentagreements.
At the last annual review on May 24, 2018, the Zoning Administrator found that Pacific
View demonstrated good faith compliance with the terms of the Development Agreement.
However, the Zoning Administrator provided strong encouragement to continue to work
with nearby residents to ensure that all the terms and conditions of the DA are met.
DISCUSSION
Section 15.45.080 of the Municipal Code requires the City to periodically review
development agreements to determine if the applicant has complied with the terms of the
agreement. This review should be conducted at least once every 12 months.
The applicant is required to demonstrate good faith compliance with the terms of the
agreement, and should the Zoning Administrator find that the applicant has not remained
in good faith with the terms of the agreement; the Zoning Administrator should refer the
matter to the City Council.
Terms and Conditions of the Agreement
The obligations under the Development Agreement include maintaining the landscape
buffer and requirements for new construction, which are reviewed and enforced at the
time of plan check and permit issuance. The requirements include phasing, restricted
construction hours, and development standards. Pacific View must comply with the terms
and conditions specified in the Development Agreement.
The Development Agreement provides for a maximum of 30,000 square feet of
administrative offices and support facilities, 114,480 square feet of community
mausoleum, and 12,000 square feet of family mausoleum.
Tmplt:01/17218
Annual Review of Pacific View Park Development Agreement (PA2009-024)
Zoning Administrator, May 30, 2019
Page 3
Annual Review
On May 14, 2019, Pacific View submitted their annual report for the review period from
May 2018 to May 2019 (Attachment No. ZA 2). There has been no new construction for
the allotted family and community mausoleum or expansion of the existing administration
complex within the last year.
Table 1 below shows the total entitlement allowed by the Development Agreement,
structure types and their square footage built to date and the remaining entitled square
footage (sf).
Table 1: Entitlement
Structures Total allowed Built-to-date Remaining
sf s s
Administration 30,000 20,229 9,771
Community Mausoleum 114,480 35,799 78,681
Family Mausoleum 12,000 2,112 9,888
Staff received several complaints (Attachments No. ZA 3) from one nearby resident who
resides to the north of the cemetery since the last year annual review. The complaints are
related to noise from landscape maintenance equipment and smoke from incense burning
during services or family visits. Pacific View was notified on the same day of each
complaint received by staff.
Code Enforcement staff has investigated and monitored the noise complaints and
determined that Pacific View has been operating in conformance with the noise ordinance
while operating their landscape maintenance equipment. The gas-powered leaf blowers
have a noise restriction of 65 dBA, as measured from a distance of 50 feet. Lawn mowers
are exempt from this restriction. Pacific View had purchased noise-monitoring equipment,
low-noise blowers and mowers, and electric trimmers to minimize the noise from normal
landscape maintenance activities. With regard to incense burning, staff also determined
there is no violation of any air quality or other codes. Pacific View has voluntarily posted
signs asking that all incense be extinguished upon leaving the grave site.
After reviewing the annual report, applicable documents, and the established
commitments in addressing nuisance issues, staff believes that Pacific View has operated
the facility in good faith compliance with the terms and conditions of the Development
Agreement.
TmpIC 01/12/18
3
Annual Review of Pacific View Park Development Agreement (PA2009-024)
Zoning Administrator, May 30, 2019
Page 4
ENVIRONMENTAL REVIEW
This annual review is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of
the CEQA Guidelines, because it has no potential to have a significant effect on the
environment. This section exempts actions by regulatory agencies to enforce or revoke a
lease, permit, license, certificate, or other entitlement for use issued, adopted, or
prescribed by the regulatory agency or enforcement of a law, general rule, standard, or
objective, administered or adopted by the regulatory agency.
PUBLIC NOTICE
Notice of this review was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
(P��
Iesalinh M. Ung
nior Planner
Jciru
Attachments: ZA 1 Vicinity Map
ZA 2 Pacific View Memorial Park Annual Report
ZA 3 Emails of Complaints
TmpIC 01/12/18
Attachment No. ZA 1
Vicinity Map
5
VICINITY MAP
%L rrr
,If I
, �
? Subject Property
Development Agreement No. 7 (DA2006-001 )
PA2009-024
Pacific View Memorial Park
3500 Pacific View Drive
Attachment No. ZA 2
Pacific View Memorial Park
Annual Report
A s s o c i a t e s
MEMO
DATE: May 14,2019
TO: Rosalinh Ung
City of Newport Beach
FROM: Michael Green
RE: Pacific View Memorial Park Development Agreement Status Report
We have the following response to the status update request by the city. The last major project was
undertaken in 2014. This was the community mausoleum project in Building Site `G'. The building was
completed in the fall of 2014.
A. Development Agreement No.7
3.1 Negative Declaration Mitigation Measure
3.1.1 All buffer area landscaping previously installed continues to be maintained by the
cemetery.
3.1.6 Maintenance of Undeveloped Areas
Pacific View has continued to maintain the undeveloped areas on a twice-yearly basis.
Occasionally calls are received from adjacent residents on specific issues. The concerns
are immediately addressed by Pacific View.
3.1.10 Drilling and Engraving
There was one complaint from Ms. Feibleman in 2016 or 2017 regarding on-site
memorial engraving and claim of fugitive dust. Engraving is a common activity in all
cemeteries and is carried out per air quality requirements. We do not believe there were
any fugitive dust issues and this is the first complaint received since the 1996
Development Agreement adoption to our knowledge. However, in response, Pacific View
purchased a tent to cover any future engraving activities occurring near the resident's
home. No complaints have ensued.
Lic. #CA 2311,4233
150 Paularino Avenue, Suite 160,Costa Mesa,California 92626 g
(714)434-9803 - FAX(714)434-9109
3.2 Use Permit No.3518—Conditions of Approval
3.2.1 Family Mausolea
No new family mausoleums have been constructed since 2015.
3.2.2 Administrative Offices
No administrative office construction has been undertaken since 2011.
3.2.2 Total Entitlement Allowed and Remaining to build out of cemetery including the above
items 3.2.1 and 3.2.2 is as follows:
Allowed Remaining To Date Including New
3,591 s.f. Community
Mausoleum in California
Administration Building 30,000 s.f. 9,771 s.f. 20,229 s.f.
Community Mausoleum 1]4,480 s.f. 78,681 s.f. 35,799 s.f.
Family Mausoleum 12,000 s.f. 9,888 s.E 2,112 s.f.
4.0 Public Benefit Conditions
4.4 All required landscaping and screening of Sunset Court was completed in 1995 and has
continued to be maintained.
4.5 Minimum of 30 months between phases and 9 months maximum to complete community
mausolea projects.
4.6 Twenty-six(26) 15-gallon trees were required to be planted in Area 8 per the Development
Agreement. This was completed in 1996 when thirty-one (3 1) trees were planted. As of
January 1, 2007 twenty-six (26) trees have survived. This meets the required number of
trees. The cemetery may need to replace these trees on a one for one basis in 2019 due to
a proposed road and grading project in Area 8 which may remove some of these. The trees
have been topped at several neighbors' requests through the years due to view blockage.
The cemetery does this for these residents but is not required to do, since this is outside of
the height restricted area. It would be best to replace these trees with other evergreen trees
that will not grow as tall and be more easily maintained at a lower height without destroying
the trees structure.
Buffer Zone Grading and Landscaping
a. All buffer zone grading, landscape and irrigation was completed in 1996.
4.7 Offsite Landscaying
a. All off site landscaping requirements were completed in 1996.
4.9 430 Foot Covenant
Pacific View has continued to maintain this area. Existing plant material placed by
homeowners in past years is pruned upon request of the affected homeowners as a courtesy
since they planted these shrubs.
2
9
4.10 Ground Burial
a. Building Site `E' —Building Site `E' remains undeveloped. There are no plans for
development in the coming year.
b. Other Building Sites — Pacific View is in compliance with the provisions of
this section. Building site `G' had an expansion to the existing community
mausoleums of 3,591 s.f. which was completed in fall of 2014. A small burial
garden estate project has recently been completed consistent with the
Development Agreement.
c. Ground Burial Outside of Building Sites:
1) Developed Areas 1 to 11 Pacific View is in full compliance with this
section. The remainder of Area 10 was developed into lawn area in early
1997. The remainder of Area 11 was developed in 2006. Area 8 will be
partially developed in 2019 with a small lawn burial area and a loop road
consistent with the Development Agreement.
B. First Amendment to Development Agreement No. 1 (See Related Item No. in Amendment)
12. The buffer zone has been planted consistent with these requirements.
14. The slopes behind the family mausolea in Building Site `H' have been graded and
landscaped in conformance with Exhibit `F' and the City has inspected and provided final
approval.
15, 16, 19. The community mausoleum completed in December 2008 complies with these
requirements.
20.f The two family mausoleums in Lot 3 and Lot 6 of Building Site `H' comply with this
requirement and have been completed.
20.g The recently completed estate gardens comply within this requirement.
21.a The two family mausolea constructed in Lot 3 and Lot 6 of Building Site `H' are in
compliance.
22.b The height elevations for the family mausoleums constructed in Lot 3 and Lot 6 of Building
Site `H' comply with these requirements.
26. The roof elevation of the family mausoleums constructed in Lot 3 and Lot 6 of Building
Site `H' are in compliance with Exhibits D and F.
29. The required tree planting within Building Site `H' buffer zone was completed in the
Spring of 2008 consistent with the requirements and time frame period identified in the
Development Agreement. The family mausolea in Lot 3 and Lot 6 of Building `H' were
inspected by the City of Newport Beach and approved.
C. Adjacent Homeowner Complaints. (Since 2018 DA review)
Pacific View has operated under the Development Agreement requirements and conditions since
1996 (23 years). During that period there have been very few complaints by adjacent residents.
Most of the infrequent complaints concerned landscape buffer maintenance along the back
property buffer zone. In the last three years,one homeowner,Ms. Leslie Feibleman, who resides
on the northern side of the cemetery, has lodged several complaints directly to the cemetery and
3
10
to the City of Newport Beach. In the 2017 and 2018 review,the issues with the Feiblemans were
discussed in great detail including the many ways we have modified our maintenance regime to
try and work with their concerns. In general we are in compliance with the DA requirements and
city standards.
1. Since our last review in June of 2018, we have received complaints from only the Feibleman
residence.
2. In total we have received 6 complaints regarding incense. As stated last year,we've posted signs
that unattended incense is not permitted. We do not control mourners that burn incense while
actively visiting their loved one's gravesite.
3. We have record of 4 reports to the City of Newport Beach from the Feibleman residence regarding
incense fumes and one about noise.
4. There have been a total of 5 noiseiland care complaints. When possible,we discontinue working
in that area and move on to another area, if this fits within our service schedule, etc. One noise
complaint in October stated that the resident measured mower noise at 70 dba. It was extremely
windy that day. Our sound meter for the mower measured at 68dba. We discontinued mowing
behind the resident's home.Presuming the City still has decibel level restrictions of 65 dba on gas
leaf blowers only and we are in compliance with that. Other noise complaints are,in general,that
land care behind their home is unwelcome when they can hear it for an extended time. Currently,
we are doing the major land care behind their home on Thursdays. Detail work is accomplished
on various days, which includes trimming, clipping and blowing. They are aware that we do our
best to do the major land care behind their home on Thursdays.
5. Two other contacts were regarding a stray Mylar balloon that happened to be resting by our side
of the fence,which we removed. We do not know where this balloon originated. The 2nd one an
email stating that there was a visitor to the cemetery smoking a cigarette near their home. We took
no action on this, as we do not confront people who smoke in the cemetery.
It is important to note that out of 35 perimeter residences directly adjacent to the cemetery
property line,we have received NO other complaints in the past 12 months from an adjacent
resident.
At the 2017 Development Agreement Review hearing, Pacific View offered to purchase trees to
be planted and maintained by the Seaview HOA on the HOA common property near the
Feibleman Residence to add to the existing buffer. However,Pacific View was informed that the
HOA denied the request by Ms. Feibleman. Subsequently the HOA cleared a major section of
the slope plantings in their common area as mentioned above.
Pacific View has purchased or contributed to the purchase of trees to be placed in this same
common area on three different occasions over the past 15 years.
Pacific View will continue to be responsive to the adjacent residents and address issues as
necessary. We believe that the corrective measures that have been implemented in the last three
years have reduced the likelihood of actual violations occurring.
MG/sg
cc: Ruby Louis
Bob Dowson
Douglas Hardenbrook
Jim Herbert
Ci\Users\mgreen.CGLA\DesktopTV DA\mem05-07-18 Status Report.docx
4
11
Attachment No. ZA 3
Emails of Complaints
12
Ung, Rosalinh
From: Leslie Feibleman <lesliefeibleman@gmail.com>
Sent: Wednesday, April 17, 2019 4:26 PM
To: Ung, Rosalinh
Cc: O'Neill, William
Subject: PVMP noise, incense
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Rosalinh,
The loud, incessant leaf blower, mower, edging noise at PUMP and the incense burning is still a huge
problem.
With the warm weather upon us,we would love to be able to open our windows in the afternoon,
spend time outside and enjoy our home.
Best,
Leslie
i
13
Ung, Rosalinh
From: Louis, Ruby <Ruby.Louis@Dig nitymemoria Lcom>
Sent: Thursday,January 31, 2019 9:50 AM
To: Ung, Rosalinh
Subject: RE: PVMP Incense Nuisance
Thank you, Rosalinh.
Peter Feibleman and I spoke about this yesterday right before Leslie sent the email. He understands that it's a delicate
thing to police while people are paying their respects.
Happy New Year to you,
Ruby Lour
General Manager
Pacific View Memorial Park & Mortuary
Corona del Mar, CA
Office 949.467.3720
www.l)acificviewcalifoi-nia.com
From: Ung, Rosalinh <RUng@newportbeachca.gov>
Sent:Thursday,January 31, 2019 9:32 AM
To: 'Leslie Feibleman'<lesliefeibleman@gmail.com>; Louis, Ruby<Ruby.Louis@Dignitymemorial.com>
Cc:O'Neill,William <woneill@newportbeachca.gov>; Contino, Brian<BContino@newportbeachca.gov>
Subject: RE: PVMP Incense Nuisance
Leslie,
The no-burn alerts are issued by AQMD for residential wood-burning fireplaces, backyard fire pits and wood stoves.
There is no mentioned on incense burning by the families visiting or during services.
Please see below a snapshot of AQMD webpage.Thanks.
t
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turn x -�'r
Hatsecum I vrv✓w.agmd.gav/Iaonre/prnt�nms/community/mmmunhYdelail2ti11e=<hc+ckbeiomyauUurn
,dr."IF P1 Gwonexvewrra. ?6 Hone PCMA-RC A NmN,laoach.CA (('.Ci1yNet:i1o.e L'j Newrnb d. Intranet
CtlECt4
During late fall and early winter,the South Coast Air Quality Management District(SCAQMD)asks
M`rVJtl"' residents to participate in its"Check Before You Burn"program by not burning wood in fireplaces
when unhealthful air quality Is forecast.Under the program--Intended to help improve wintertime
BURN
--------- air quality-SCAQMD may Issue mandatory no-burn alerts from November through the end of
February.
There are three ways you can Check Balers You Burn:
•
E-Mail Notification Program
Sign up to receive Air Alerts on air quality and to be notified when a mandatory no-burn alert has been Issued for your
neighborhood.
RQSALINH M.UNG
Community Development Department
Senior Planner
runoCilnewnortbeachca.oov 02,¢Wp0 949-644-3208
CITY OF NEWPORT'BEACH
100 Civic Center Drive,First Floor Bay B,Newport Beach,California 92660 1 newportbeachca.gov
G4YOM1N�P
From: Leslie Feibleman [mailto:lesliefeibleman@gmail.com]
Sent: Wednesday,January 30,2019 3:36 PM
To: Ruby Louis<Ruby.Louis@dienitymemorial.com>; Ung, Rosalinh<RUne@newportbeachca.gov>
Cc:O'Neill,William <woneill@newportbeachca.eov>
Subject: PVMP Incense Nuisance
Hi Ruby and Rosalinh,
Happy New Year!
Today is designated a 'No Burn Day'by the SCAQMD due to unhealthful air.
http://www.agmd.gov/docs/default-source/air-quality/advisories/advisory3.pdf See attached
images.
Unfortunately,there are PVMP patrons close to our home burning noxious incense.
The wind is blowing the pollution and smell into our yard home and is interfering with the use and
enjoyment of our home.
We have an organic food garden on our property and like to work outside and enjoy the fresh air and
ocean breezes.
The current activity constitutes a nuisance.
2
15
We kindly ask PUMP to install a thick screen of tall shrubs or trees to along the property line to
minimize the impact.
We also ask that you instruct your staff to survey the area to make sure that nothing is left burning.
Thanks,
Leslie and Peter Feibleman
3
10
Ung, Rosalinh
From: Louis, Ruby <Ruby.Louis@Dig ITitymemorial.com>
Sent: Tuesday, November 13, 2018 11:46 AM
To: Ung, Rosalinh; Contino, Brian
Subject: RE: Pacific View Memorial Park - Noise Complaint From Feibleman
Hi Rosalinh,
Leslie came in to the office to speak with me about an hour ago. Our conversation was cordial and we powered down
right away in the area right behind her home. I'm thinking the winds are making the sound more prevalent than usual,
Thank you for the email.
I
Ruby Louis
General Manager
Pacific View Memorial Park & Mortuary
Corona del Mar, CA
Office 949.467.3720
www.naci fic viewcal iforni a.com
From: Ung, Rosalinh <RUng@newportbeachca.gov>
Sent:Tuesday, November 13, 2018 11:37 AM
To: Louis, Ruby<Ruby.Louis@Dignitymemorial.com>; Contino, Brian<BContino@newportbeachca.gov>
Subject: Pacific View Memorial Park- Noise Complaint From Feibleman
ROSALINH M. UNG
Community Development Department
Senior Planner
runa(a�newoortbeachca_cLov
��E 0"*, 949-644-3208
O dm
� ' > > CITY OF NEWPORT BEACH
> 100 Civic Center Drive First Floor Ba a Newport Beach California 92660 I newportbeachca.gov
�GIfORN�f
From: Leslie Feibleman [mailto:lesliefeibleman@gmail.com]
Sent:Tuesday, November 13, 2018 10:40 AM
To: O'Neill, William<woneill@newportbeachca.gov>; Ung, Rosalinh<RUng@newportbeachca.gov>; Cosylion, Matt
t
1�
Ung, Rosalinh
From: Leslie Feibleman <lesliefeibleman@gmail.com>
Sent: Thursday, September 20, 2018 4:38 PM
To: Contino, Brian
Cc: Ung, Rosalinh
Subject: Re: FW: Pacific View Memorial Park
Dear Brian,
Thank you for reaching out to PVMP and for your note.
There was also a large loud commercial sit on top loud mower that was used near our home for
several hours that was omitted from the report.
The equipment is definitely not low noise if we can still hear it with all of our doors and windows shut
and with ear plugs in.
Please call me at your earliest convenience.
Thanks,
Leslie
On Thu, Sep 20, 2018 at 4:14 PM, Contino, Brian<BContino6cDnewportbeachca.gov>wrote:
Leslie,
I have reached out to pacific View Memorial about your noise concerns. 1 asked that they look into all work
being done on the 19`x'. Here is the reponse.
In speaking with my grounds superintendent, here are the points of what transpired yesterday, 9/19/18:
➢ A 36"mower was utilized in the area for one hour with our sound level measurement at 64 dba
➢ The mower ran for approximately 1 hour in the area near the person's home who we suspect complained
➢ The mowing was followed by trimmers (battery operated/low noise)
i
➢ Followed by blowers (battery operated/low noise)
➢ We then moved on to other areas of the cemetery
t
18
We also received a phone complaint from, what we suspect is the same person, stating that it's "just too loud
and long"
We continued with our daily land care maintenance in the cemetery and made no alterations to our schedule.
As needed, our land care maintenance typically begins as early as 8am, (even though we are permitted to begin
at lam) and usually ends at 5pm. We have 50 acres.
Today, we have some finishing up in the area where the complaint carne from.
Please let me know if there is any more information you need me to provide.
Brian N.Contino
Community Development Department
Code Enforcement Officer II
Bcontino a(ftewnortbeachca.aov
j 949-644-3257
i
2
29
Ung, Rosalinh
From: Cosylion, Matt
Sent: Tuesday, May 15, 2018 1:22 PM
To: 'Louis, Ruby'
Cc: Ung, Rosalinh; mgreen@clarkgreen.com
Subject: RE:Sound Test/Pacific View Memorial Park
We would certainly appreciate it if you could have electric blowers purchased for that area. I can even show you the
recommended blow area.
Ok
thanks
�U4p0.N�p
Malt Cosylion
Community Development Department
Code Enforcement Supervisor
mcosvlion n aewpoR6eachca gov
949-644-3217
From. Louis, Ruby[mailto.Ruby.Louis@Dignitymemorial.com]
Sent:Tuesday, May 15, 2018 11:03 AM
To:Cosylion, Matt<MCosylion@newportbeachca.gov>
Cc: Ung, Rosalinh<RUng@newportbeachca.gov>; mgreen@clarkgreen.com
Subject: RE: Sound Test/Pacific View Memorial Park
Thanks for the clarifications, Matt.
We will look in to purchasing an electric blower to use near the Feibleman property.
Have a good day,
Ruby Louis
General Manager
Pacific View Memorial Park & Mortuary
Corona del Mar, CA
Office 949.467.3720 -
www.pacif'icviewcalifornia.com
From:Cosylion, Matt<MCosylion@newportbeachca.gov>
Sent:Tuesday, May 15, 2018 10:46 AM
To: Louis, Ruby<Ruby.Louis@Dignitymemorial.com>
1
Cc: Ung, Rosalinh<RUng@newportbeachca.gov>; mgreen@clarl<green.com
(00" .
,� Subject: RE:Sound Test/Pacific View Memorial Park
CAUTION: This email originated from outside of the organization. Do not click links or open
RNattachments unless you recognize the sender and know the content is safe.
Good Morning Ruby,
65 DB is the max for gas leaf blowers. The Municipal Code does not have a noise level standard for mowers and
trimmers when you are using them for landscaping purposes.
For the test, we had the gas leaf blowers on high because we have to assume they will be used on the high setting. You
may want to consider using electrical blowers near Mrs. Feibleman's property.
Matt Cosylion
Community Development Department
Code Enforcement Supervisor
mcosvliononewportbeacbca oov
949-644-3217
1.
From: Loui11 s, Ruby I'm ailto:Ruby-LouisiPDignitymemorial.com]
Sent:Tuesday, May 15, 2018 10:16 AM
To: Cosylion, Matt<MCosylion@newportbeachca.gov>
Cc: Ung, Rosalinh<RUng@newportbeachca.gov>;mgreen@clarl<green.com
Subject: RE:Sound Test/Pacific View Memorial Park
Hi Matt,
Did you get everything that you needed last week with the sound check?
My superintendent informed me that you asked for the blower to be turned on the high setting.Just so you know, we
always use low setting near the Feibleman residence.
I wanted to make sure we're all on the same page with the levels on our land care equipment, as we certainly do not
want to exceed. It's challenging to pinpoint in the noise level code charts.
We know that the max for blowers is 65 dBA. Can you please verify the permissible range for mowers and trimmers?
Thank you,
Ruby Louis
General Manager
Pacific View Memorial Park & Mortuary
Corona del Mar, CA
Office 949.467.3720 -
www,pacificviewcal ifornia.com
2
�2
��gWPpgT
0 �
G4POM1N�P
From:Cosylion, Matt<MCosylion@newportbeachca.gov>
Sent:Wednesday, May 9, 2018 9:56 AM
To: Louis, Ruby<Ruby.Louis@Dignitymemorial.com>
Cc: Ung, Rosalinh<RUng@newportbeachca.gov>;mgreen@clarkgreen.com
Subject: RE:Sound Test
Thank you.
Matt Cosylion
Community Development Department
Code Enforcement Supervisor
mcosvlion(@newoortbeachca.gov
949-644-3217
From: Louis, Ruby[mailto:Ruby.Louis@Dignitymemorial.com]
Sent:Wednesday, May 9, 2018 9:47 AM
To: Cosylion, Matt<MCosylion@newportbeachca.gov>
Cc: Ung, Rosalinh<RUng@newportbeachca.gov>; mgreen@clarkgreen.com
Subject: RE:Sound Test
Very well.
I
I'll have Antonio and his crew meet you there at 1:00 pm with the equipment we use in that area.We will see you
tomorrow.
Thanks,
Ruby Louis
General Manager
Pacific View Memorial Park & Mortuary
Corona del Mar, CA
Office 949.467.3720 -
www.pacifieviewcalifoniia.com
From:Cosylion, Matt<MCosylion@newportbeachca.gov>
Sent:Wednesday, May 9, 2018 9:41 AM
To: Louis, Ruby<Ruby.Louis@Dignitymemorial.com>
3
Cc: Ung, Rosalinh <RUne@newportbeachca.aov>; mareen@clarkereen.com
(", "eSubject: RE:Sound Test
DiTomorrow at 1 pm.
I'll be adjacent to 1901 Yacht Resolute if Antonio could meet me there I would appreciate it. I assume he
can communicate with his staff down below by cell phone or radio.
Thank you
Matt Cosylion
Community Development Department
Code Enforcement Supervisor
mcosvlion@ ewportbeachca.vov
949-644-3217
From: Louis, Ruby [mailto:Ruby.Louis@DiPnitymemorial.com]
Sent:Wednesday, May 9, 2018 8:55 AM
To:Cosylion, Matt<MCosvlion@newportbeachca.Rov>
Cc: Ung, Rosalinh<RUnR@newportbeachca.gov>; m reen clarkereen.com
Subject: RE: Sound Test
Hi Matt,
Tomorrow would be a good day for you to come out. Our grounds superintendent,Antonio Rodriguez, will be available
at any time to oversee the sound checks with you.
If that works, let me know what time you'd like to come out. (the guys take their lunch from 12 to 1).
Thanks,
Ruby Louis
General Manager
Pacific View Memorial Park & Mortuary
Corona del Mar, CA
Office 949.467.3720
www.pacificviewcaiifornia.com
From:Cosylion, Matt<MCosvlion@newportbeachca.Rov>
Sent:Wednesday, May 9, 2018 8:30 AM
To: Louis, Ruby<Ruby.Louis@Dignitymemorial.com>
4
Cc: Ung, Rosalinh <RUne@newportbeachca.gov>
O
WSubject:Sound Test
o� Hi Ruby,
I'm trying to complete a sound test of your landscaping equipment. Do you know when they will be out
servicing the mortuary?
Thanks
Matt Cosylion
Community Development Department
Code Enforcement Supervisor
mcosvlion0newnortbeachca.qov
949-644-3217
CITY OF NEWPORT BEACH
100 Civic Center Drive,First Floor Bay B,Newport Beach,California 92660 1 newportheachca.gov
5
Ung, Rosalinh
From: Cosylion, Matt
Sent: Friday, May 04, 2018 10:48 AM
To: Jurjis, Seimone; Ung, Rosalinh
Subject: FW: PVMP over decibel limit
Follow Up Flag: Follow up
Flag Status: Flagged
FYI-This complaint will be included for next year's review. Based on her video, there is no violation. We will go out and
�`W, q, test next week for documentation purposes.
Matt Cosylion
�9UeoPMa Community Development Department
Code Enforcement Supervisor
mcos vlion oewportbeachca.goy
949-644-3217
From: Louis, Ruby[mailto:Ruby.Louis@Dignitymemorial.com]
Sent:Thursday, May 3, 2018 3:39 PM
To: Leslie Feibleman<lesliefeibleman@gmail.com>;Cosylion, Matt<MCosylion@newportbeachca.gov>; Ung, Rosalinh
<RUng@newportbeachca.gov>; O'Neill,William <woneill@newportbeachca.gov>; mike@clarkgreen.com
Subject: RE: PVMP over decibel limit
Leslie,
We have been measuring the noise, as well. Our meter must be registering differently than yours because of the
difference in elevation.
We're doing our best to tend to the area as quickly as possible. It is overgrown and requires attention.
Thank you,
Ruby Louis
General Manager
Pacific View Memorial Park &Mortuary
From: Leslie Feibleman<lesliefeibleman@gmail.com>
Sent:Thursday, May 3, 2018 2:56 PM
To: Louis, Ruby<Rubv.Louis@Dignitymemorial.com>; Cosylion, Matt<mcosylion@newportbeachca.gov>; Ung, Rosalinh
<rung@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; mike@clarl<green.com
Subject: Fwd: PVMP over decibel limit
Hello All,
t
25
Pacific View Memorial Park maintenance crew is creating noise over the 65 decibels.
This video was taken on May 3, 2018 at 2:40pm from our yard.
See video.
The constant noise is disrupting our work, social interactions and our lives.
The noise is preventing us from the use and enjoyment of our property.
This is a quiet residential neighborhood.
Solutions are available.
We would like to request that PVMP switch to quieter equipment when working near the homes.
Ruby, if you would like information about quiet equipment options, we will be happy to put you in
touch with manufacturer reps and arrange a demo at your site.
Thanks,
Leslie
Sent from my Whone
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