The URL can be used to link to this page

Home My WebLink About04 - Annual Review of Pacific View Memorial Park DA - PA2009-024 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 30, 2015 Agenda Item No.4 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. 1 Annual Review of Development Agreement No. 7 (PA2009-024) Zoning Administrator, April 30, 2015 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 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 24, 2014, the Zoning Administrator found that Pacific View Memorial Park has demonstrated good faith compliance with the terms of 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, April 30, 2015 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 A new 3,591-square-foot community mausoleum located in Building Site "G" was approved in 2013 and the construction was completed in fall 2014. Additionally, two small family mausoleums, each measuring 7 feet x 9 feet, for a total of 126 square feet were constructed. 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(32,208+3,591) 78,681(82,272- 3,591) Family Mausoleum 12,000 2,049 (1,923+126) 9,951 (10,077-126) 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 remained in good faith 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, April 30, 2015 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 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: o alinh Ung As ociate Planner JC/M 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 5 V� QP �P VICINITY MAP Subject Property ♦� J ? 'S_ '_ NIIPM 04 Ad 4� ,mv City of Newport Beach Development Agreement No. 7 PA2009-024 Pacific View Mem. Park 7 V� QP �P g Attachment No. ZA 2 Pacific View Memorial Park Development Agreement Annual Report 9 V� QP �P 20 Associates Landscape Architecture MEMO DATE: March 19,2015 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. One major project was undertaken in 2014. This is the community mausoleum project in Building Site `G'. The work in 2014 consisted of the construction of a community mausoleum building. 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 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 Two small family crypt units were installed in 2014. Each unit was 7' x 9' (126 s.f. total) 3.2.2 Administrative Offices No administrative office construction has been undertaken since 2011. Lic. # CA 2311, 4233; AZ 19864 150 Paularino Avenue, Suite 160, Costa Mesa, California 92626 (714) 434-9803 • FAX (714) 434-9109 22 March 19, 2015 Ms.Rosalinh Ung Page 2 3.2.2 Total Entiticnient Allowed an(] 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.£ Community Mausoleum 114,480 s.f. 78,681 s.f. 35,799 s.f. Family Mausoleum 12,000 s.f. 9,951 s.f. 2,049 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) bees 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 2015 at this time. 12 March 19,2015 Ms. Rosalinh Ung Page 3 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 I) Developed Areas l to I1 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 1 I 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(July 2008) 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 1:\01-S.C.1\CA\Pacific Vie v Menmrial-0407\09-016 Pac View Del.Agrcentenl Anneal RevimMdmin 09.016Wemos\mem03.19-I5 Slims Report 13