HomeMy WebLinkAbout04_Annual Review of Pacific View Memorial Park Development_PA2025-0096CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 11, 2025
Agenda Item No. 4
SUBJECT: Annual Review of Pacific View Memorial Park Development Agreement
(PA2025-0096)
•Development Agreement No. 7 (DA2006-001)
SITE LOCATION: 3500 Pacific View Drive
APPLICANT: Mike Green
OWNER: Pacific View Memorial Park
PLANNER: Laura Rodriguez, Assistant Planner
949-644-3225, lrodriguez@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: 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 (Periodic Review) of the Newport Beach Municipal Code
and Section 65865.1 (Development Agreements) 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.
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Annual Review of Pacific View Memorial Park Development Agreement (PA2025-0096)
Zoning Administrator, September 11, 2025
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.
During the last annual review on September 24, 2020, the applicant, Michael Green,
discussed complaints raised by a nearby residence. In response, the Zoning
Administrator encouraged the applicant to continue communicating with the complainant
to resolve any issues. Subsequently, the Zoning Administrator found that Pacific View
demonstrated good faith compliance with the terms of the Development Agreement.
DISCUSSION
Section 15.45.080 (Periodic Review) 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.
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Annual Review of Pacific View Memorial Park Development Agreement (PA2025-0096)
Zoning Administrator, September 11, 2025
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Annual Review
On May 11, 2025, Pacific View submitted their annual report for the review period from
May 2024-June 2025 (Attachment No. ZA 2). Previous building permits have been issued
since the previous annual review, which authorized construction of allotted family and
community mausoleums. Pacific View is currently in the process of obtaining building
permits to construct a 258-square-foot family mausoleum.
Table 1 below shows the total entitlement allowed by the Development Agreement,
structure types, square footage built to date, and the remaining entitled square footage
(sf). Since the permits for the proposed family mausoleum have not yet been obtained, it
is not reflected in Table 1. The table will be revised upon permit issuance.
Table 1: Entitlement
Structures Total allowed
(sf)
Built-to-date
(sf)
Remaining
(sf)
Administration 30,000 20,229 9,771
Community Mausoleum 114,480 37,622 76,858
Family Mausoleum 12,000 2,710 9,290
Staff received one formal complaint at the beginning of the year related to the operation
of the Pacific View Memorial Park. Subsequently, a warning was issued to the property
owner on April 30, 2025 regarding its participation in state mandated municipal solid
waste diversion programs pursuant to Newport Beach Municipal Code (NBMC) 6.06.060
(Full Participation in Diversion Programs Required). The code enforcement case
associated with this matter was resolved and officially closed on August 27, 2025.
After reviewing the annual report, applicable documents, and the established
commitments in addressing nuisance issues, staff believe that Pacific View has operated
the facility in good faith compliance with the terms and conditions of the Development
Agreement.
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.
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Annual Review of Pacific View Memorial Park Development Agreement (PA2025-0096)
Zoning Administrator, September 11, 2025
Page 4
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:
__________________________
Laura Rodriguez, Assistant Planner
DL/lr
Attachments: ZA 1 Vicinity Map
ZA 2 Pacific View Memorial Park Annual Report
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Attachment No. ZA 1
Vicinity Map
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VICINITY MAP
Development Agreement No. 7 (DA2006-001)
PA2025-0096
Pacific View Memorial Park
3500 Pacific View Drive
Subject Property
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Attachment No. ZA 2
Pacific View Memorial Park Annual Report
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Lic. # CA 2311, 4233
15420 Laguna Canyon Road, Suite 210, Irvine, California 92618
(714) 434-9803
MEMO
DATE: April 24, 2025
TO: David Lee
City of Newport Beach
FROM: Michael Green/Marie Hess
RE: Pacific View Memorial Park Development Agreement Status Report
We have the following response to the status update request by the city for this annual review through April
2025. The last major project was undertaken in 2021. This was the last phase of the community mausoleum
in Building Site ‘G’. The building was completed in the winter of 2022.
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.
There have been no calls from adjacent residents concerning related issues. If concerns
are raised, they 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 was 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 occurred since.
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3.2 Use Permit No. 3518 – Conditions of Approval
3.2.1 Family Mausolea
A few family mausolea have been installed in the last few years and the table has been
updated.
3.2.2 Administrative Offices
No administrative office construction has been undertaken since the restrooms were
required to be updated with ADA access in 2021.
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 Constructed To Date
Administration Building 30,000 s.f. 9,771 s.f. 20,229 s.f.
Community Mausoleum 114,480 s.f. 76,858 s.f. 37,622 s.f.
Family Mausoleum 12,000 s.f. 9,290 s.f. 2,710 s.f.
An architect will be processing a request for a new family mausoleum in Building Site H this year. The
above table will be revised upon permit issuance.
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 (31) trees were planted. A
recently permitted and completed road project required replacement of several of these
trees. As of June 6, 2020, all twenty-six (26) trees are in the area as required.
Buffer Zone Grading and Landscaping
a. All buffer zone grading, landscape, and irrigation was completed in 1996.
4.7 Offsite Landscaping
a. All off site landscaping requirements were completed in 1996.
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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.
4.10 Ground Burial
a. Building Site ‘E’ – Building Site ‘E’ remains undeveloped. Preliminary plans may be
prepared for a phase of community mausoleum construction in 2025.
b. Other Building Sites – Pacific View is in compliance with the provisions of
this section. Building site ‘G’ is fully built out with community mausolea as
of 2022
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 was
developed in 2019 with a lawn burial area and a loop road consistent with
the Development Agreement. That permit has been closed.
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 mausolea in Lot 1 and Lot 2 of Building Site ‘H’ comply with this
requirement and were completed in late 2024 and 2025.
20.g The previously completed estate gardens comply with this requirement.
21.a The two family mausolea constructed in Lot 1 and Lot 2 of Building Site ‘H’ comply.
22.b The height elevations for the family mausolea constructed in Lot 3 and Lot 6 of Building
Site ‘H’ comply with these requirements.
26. The roof elevation of the family mausolea constructed in Lot 1 and Lot 2 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 1 and Lot 2 of Building ‘H’ were
inspected by the City of Newport Beach and approved.
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C. Adjacent Homeowner Complaints. (Since 2019 DA review)
Pacific View has operated under the Development Agreement requirements and conditions since
1996 (29 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 five (5) years since our last DA review and in the several years
preceding that, one homeowner, Ms. Leslie Feibleman, who resides on the northeastern side of
the cemetery, has lodged complaints directly to the cemetery and occasionally to the City of
Newport Beach. In the 2017 through 2020 reviews, 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 for all of our activities.
1. Since our last review in June of 2020, we have received complaints but only from the
Feibleman residence. We respond to her on every complaint and attempt to mitigate her
concerns if feasible.
2. In total we have received one (1) complaint regarding incense over the past twelve (12)
months. In 2018 we posted signs that unattended incense is not permitted. This has
improved the situation significantly. We do not chase off mourners that burn incense while
visiting their loved one’s gravesite. This is a deeply held cultural and religious tradition
among these families. No city regulations have been violated.
3. There have been a total of eleven (11) noise/land care or general complaints from the
Feiblemans over the past year. We adjusted our schedule by doing the major land care
behind their home on Tuesdays and Wednesdays at their request, dependent on weather,
daily service schedules, and staffing. The schedule has been discussed with the Feiblemans.
We now use battery powered equipment around their home due to the lower sound
emissions. The cemetery crews perform frequent sound checks on the equipment. Two (2)
of the above complaints had to do with noise from repair work on a broken gate and fence.
Two (2) other of the above complaints involved grave preparation/excavation for a burial.
4. There have been two (2) notifications of unusual activity after business hours while the
cemetery gates are still open regarding visitors to the cemetery. We have a security patrol
and try to monitor and patrol these occurrences. There are no police reports concerning
these incidents and no crimes were committed.
It is important to note that out of thirty-five (35) perimeter residences directly
adjacent to the cemetery property line, we have received NO complaints in the past
twelve (12) months from any other 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.
Although there is still a heavy and wide buffer on the HOA common area between the
cemetery and the residence, this clearing did cause some gaps through no fault of the
cemetery. Pacific View purchased and planted twenty (20) fern pines along this border
with the Feibleman residence in 2019 to enhance the plant buffer.
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Pacific View has purchased or contributed to the purchase of many trees to be placed in
this same common area on three (3) different occasions over the past twenty (20) years.
Pacific View will continue to be responsive to the adjacent residents and address issues as necessary.
MG/al
cc: Marie Hess
Bob Dowson
Douglas Hardenbrook
09-016 PV DA 2025 DRAFT2_5_01_2025
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From: Jim Mosher <jimmosher@yahoo.com>
Sent: September 10, 2025 11:59 AM
To: CDD
Subject: Comments on ZA Item 4 (September 11, 2025, meeting)
Regarding Item 4 (Annual Review of Pacific View Memorial Park Development
Agreement, PA2025-0096) on the September 11, 2025, Zoning Administrator agenda,
the staff report indicates: (1) that the last "annual" review was conducted in 2020, and
(2) that 2025 is the last year of the agreement unless some of the development covered
by it has not been completed.
On a quick reading, the staff report does not seem to explain: (1) why annual reviews
were not conducted in 2021 through 2024 (if that is, indeed, the case), or (2) whether
the automatic extension of the agreement through 2032 has been (or will be) activated
(in which case, what is the not-yet-completed development?).
-- Jim Mosher
Zoning Administrator - September 11, 2025 Item No. 4a - Additional Materials Received Annual Review of Pacific View Memorial Park Development Agreement (PA2025-0096)