HomeMy WebLinkAbout03 - Annual Review of DA for Pacific View Memorial Park - PA2009-024 �r`EW PORT
o e COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3 y,b 2 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
a" (949) 644-3200 Fax: (949) 644-3229
-. C/FOFL www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 12, 2016
Agenda Item No. 3
SUBJECT: Annual Review of Pacific View Memorial Park Development Agreement
(PA2009-024)
APPLICANT: Pacific View Memorial Park
OWNER: Pacific View Memorial Park
PLANNER: Rosalinh Ung, Associate Planner
(949) 644-3208, rung@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: PI (Private Institutions)
• General Plan: 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; and
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, California Code of Regulations, Title 14,
Chapter 3;
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 Development Agreement No. 7 (PA2009-024)
Zoning Administrator, May 12, 2016
Page 2
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 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.
Background
On July 10, 1995, the City Council adopted Ordinance No. 95-26 approving
Development Agreement No. 7 between the City and Pacific View Memorial Park
establishing the maximum allowed development allocation for Pacific View Memorial
Park and comprehensive provisions, setting forth the timing for development phasing,
construction scheduling, the height and design of structures, landscaping, and the
maintenance of a buffer landscape area in perpetuity between Pacific View Memorial
Park and nearby residents.
On September 25, 2007, the City Council approved an amendment to Development
Agreement No. 7 (DA2006-001) to allow Pacific View Memorial Park to modify the
development allocations within specific building sites. The term of the Development
Agreement was extended for 18 years from the effective date of the amendment (2025)
plus a 7-year automatic extension (to 2032) should Pacific View Memorial Park not
complete all of the development authorized by the Development Agreement by the end
of the initial 18-year term. The Development Agreement and First Amendment are
available online at: http://www.newportbeachca.gov/developmentagreements.
At the last annual review on April 30, 2015, the Zoning Administrator found that Pacific
View Memorial Park has demonstrated good faith compliance with the terms of the
Development Agreement.
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 Memorial Park must
comply with the terms and conditions specified in the Development Agreement.
TmpIt:04-17-14
Annual Review of Development Agreement No. 7 (PA2009-024)
Zoning Administrator, May 12, 2016
Page 3
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.
Annual Review
There was little activity in terms of new construction within the last year. One small
family mausoleum of 7 feet by 9 feet (63 square feet) was constructed.
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.
Table 1: Entitlement
Structures Total guilt-to-date Remaining
allowed (sf) (sf)
sf
Administration 30,000 20,229 9,771
Community Mausoleum 114,480 35,799 78,681
Family Mausoleum 12,000 2,112 (2,049+63) 9,888 (9,951-63)
Staff received no complaints during the previous year related to the operation of the
Pacific View Memorial Park. After reviewing the attached annual report and applicable
documents, staff believes that Pacific View Memorial Park 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, California Code of Regulations, Title 14, Chapter 3, 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.
TmpIt:04-17-14
Annual Review of Development Agreement No. 7 (PA2009-024)
Zoning Administrator, May 12, 2016
Page 4
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:
(amrc�
o alinh Ung
As ociate Planner
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Attachments: ZA 1 Vicinity Map
ZA 2 Pacific View Memorial Park Development Agreement
Annual Report
TmpIt:04-17-14
J
Attachment No. ZA 1
Vicinity Map
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VICINITY MAP
Subject Property
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�• _ 'YllWN f.Ti'1^5 f :l"+ t t•.' :Q K' � KOKf�
City of Newport Beach Development Agreement No. 7
PA2009-024
Pacific View Memorial Park
Attachment No. ZA 2
Pacific View Memorial Park
Development Agreement
Annual Report
A s s o c i a t e s
MEMO
DATE: March 28, 2016
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 Drilline and En¢ravin¢
To our knowledge no complaints have been received by Pacific View on the drilling and
engraving of crypt markers due to Pacific View's compliance with the Development
Agreement.
3.2 Use Permit No.3518—Conditions of Approval
3.2.1 Family Mausolea
One small family crypt units was installed in 2015. The unit was 7' x 9' (63 s.f. total)
Lic.#CA 2311,4233
150 Paularino Avenue, Suite 160,Costa Mesa,California 92626 g
(714)434-9803 FAX(714)434-9109
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 114,480 s.f. 78,681 s.£ 35,799 s.£
Family Mausoleum 12,000 s.£ 9,888 s.f. 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 (31) trees were
planted. As of January 1, 2007 twenty-six (26) trees have survived. This meets the
required number of trees.
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.
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. There are no plans for
development in 2016 at this time.
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b. Other Building Sites— Pacific View is in full 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.
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 remains
undeveloped and is not anticipated for cemetery development in 2015.
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 this
item. The family mausolea in Lot 3 and Lot 6 of Building `H' were inspected by the City
of Newport Beach and approved.
MG/sg
cc: Ruby Louis
Darryl Bowden
Douglas Hardenbrook
C\0l-S.C.1\CAT.i6c View Memorial-0407\09-016 Pec View Dev.Agreement Annual Review\Admin 09-016\Memos\mem03-29-16 Status Report
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