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City Council Staff Report
Agenda Item No. 18
February 28, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Fern Nueno, Assistant Planner
APPROVED: A
TITLE: Annual Review of the Pacific View Memorial Park Development
Agreement (PA2009 -024)
ABSTRACT
An annual review of the Development Agreement for Pacific View Memorial Park,
pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the
California Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find that the applicant has demonstrated good faith compliance with the terms of
the Development Agreement; and
3) Receive and file the Annual Report of the Development Agreement for Pacific View
Memorial Park (Attachment B).
FUNDING REQUIREMENTS
There is no fiscal impact related to this item.
DISCUSSION
Section 15.45.080 of the Municipal Code requires the City Council to periodically review
development agreements to determine if the applicant has complied with the terms of
the agreement. This review must be conducted at least once every twelve (12) months
from the date on which the agreement is executed. The applicant is required to
demonstrate good faith compliance with the terms of the agreement, and should the
Annual Review of the Pacific View Memorial Park Development Agreement
(PA2009 -024)
February 28, 2012
Page 2
City Council find that the applicant has not complied in good faith with the agreement,
the City Council may terminate or modify the agreement.
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 ( "Pacific
View "). The Development Agreement established the maximum allowed development
allocation for Pacific View Memorial Park. The Development Agreement contains
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 and the 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 eighteen (18) years from the effective date of the
amendment plus a seven (7) year automatic extension should Pacific View not complete
all of the development authorized by the Development Agreement by the end of the 18
year term. The Development Agreement will be in effect up to the year of 2032.
The Development Agreement and First Amendment are available online at:
http:// www. newportbeachca .gov /developmentagreements. At the last annual review on
May 24, 2011, the City Council conducted the annual review and found Pacific View to
be in good faith compliance with the Development Agreement.
Terms and Conditions of the 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
mausolea, and 12,000 square feet of family mausolea. There has been no construction
since the last review of the Development Agreement in May 2011.. The improvements
made to date and the remaining entitlements are listed below in Table 1.
Table 1: Entitlement
Structures
Total allowed s
Built to date (sD
Remaining s
Administration
30,000
20,229
9,771
Community
Mausoleum
114;480
32,208
82,272
Family Mausoleum
12,000
1,923
10,077
Annual Review of the Pacific View Memorial Park Development Agreement
(PA2009 -024)
February 28, 2012
Page 3
Annual Review
Pacific View Memorial Park must comply with the terms and conditions specified in the
Development 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. As the
attached Annual Report demonstrates, Pacific View Memorial Park is in compliance with
the terms and conditions of approval. No complaints have been received by staff within
the last year. After reviewing the Annual Report and applicable documents, staff
believes that Pacific View Memorial Park has complied in good faith with terms and
conditions of the Development Agreement.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (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.
NOTICING
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the sites and the applicant, and posted on the
subject property at least 10 days prior to this hearing consistent with the provisions of
the Municipal Code. Additionally, the item was shown on the agenda for this meeting,
which was posted at City Hall and on the City website.
Submitted by:
Kimberly Brandt, AI P'
Community Develo ent Director
Attachments: A. Vicinity Map for Pacific View
B. Pacific View Status Report
3
11
City Council
Attachment A
Vicinity Map for Pacific View
5
NO
2
City Council
Attachment B
Pacific View Status Report
9
10
Associates
Landscape Architecture
MEMO
DATE:
February 3, 2012
TO:
Fern Nueno
City of Newport Beach
FROM:
Michael Green/Ruby Louis
RE:
Pacific View Memorial Park Development Agreement Status Report
We have the following response to the status update request by the city.
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 family mausolea have been constructed and completed in 2011. They are 346
s.f. and 256 s.f. respectively and have been added to the table of built square footages.
(Final Inspection Approval April 12, 2011)
3.2.2 Administrative Offices
11
A remodel of the administrative office with an addition of 143 s.f. of area has been
completed in 2011 (Final Inspection approval May 20, 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 Date
Administration Building 30,000 s.f. 9,771 s.f. 20,229 s.f.
Community Mausoleum 114,480 s.f. 82,272 s.f. 32,208 s.f.
Family Mausoleum 12,000 s.f. 10,077 s.f. 1,923 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.
One community mausolea was constructed in 2008 and the C of O obtained in
December 2008. Thirty months have passed since the completion (C of O) of this
mausoleum.
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
12
a. Building Site `E' — Building Site `E' remains undeveloped. There are no
plans for development in 2012.
b. Other Building Sites — Pacific View is in full compliance with the
provisions of this section. Building site `G' is anticipated to continue as
phased garden development in 2012/2013.
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 2012.
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' have been
inspected by the City of Newport Beach and approved.
MG /sg
mem02 -03 -12
09-016.60
13
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, February 28, 2012, at 7:00 p.m., a public hearing will be conducted in
the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of
Newport Beach will consider the following application:
Annual Review of Development Agreement for Pacific View (PA2009 -024) - An annual review of Development
Agreement No. 7 (DA2006 -001) for Pacific View Memorial Park, pursuant to Section 15.45.080 of the Municipal Code
and Section 65865.1 of the California Government Code. The Development Agreement, executed in 1995 and
subsequently amended in 2007, ensures the orderly construction of the cemetery. The City Council will review Pacific
View's good faith compliance with the provisions of the Development Agreement. Pacific View Memorial Park is located
at 3500 Pacific View Drive.
The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321
(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.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in
court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this
notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California,
92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing.
For .questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 644 -3227 or
fnueno @newportbeachca.gov.
�gR,PQ��,� Leilani Brown, CityClerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, February 28, 2012, at 7:00 p.m., a public hearing will be conducted in
the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of
Newport Beach will consider the following application:
Annual Review of Development Agreement for Pacific View (PA2009 -024) - An annual review of Development
Agreement No. 7 (DA2006 -001) for Pacific View Memorial Park, pursuant to Section 15.45.080 of the Municipal Code
and Section 65865.1 of the California Government Code. The Development Agreement, executed in 1995 and
subsequently amended in 2007, ensures the orderly construction of the cemetery. The City Council will review Pacific
View's good faith compliance with the provisions of the Development Agreement. Pacific View Memorial Park is located
at 3500 Pacific View Drive.
The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321
(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.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in
court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this
notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California,
92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing.
For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 644 -3227 or
fnueno@newportbeachca.gov.
w1�1�1�`J� ��
d& i
Leilk-i Brown, City Clerk
City of Newport Beach
}
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, February 28, 2012, at 7:00 p.m., a public hearing will be
conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City
Council of the City of Newport Beach will consider the following application:
Annual Review of Development Agreement for Pacific View (PA2009 -024) - An annual review of
Development Agreement. No. 7 (DA2006 -001) for Pacific View Memorial Park, pursuant to Section
15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The
Development Agreement, executed in 1995 and subsequently amended in 2007, ensures the orderly
construction of the cemetery. The City Council will review Pacific View's good faith compliance with the
provisions of the Development Agreement. Pacific View Memorial Park is located at 3500 Pacific View Drive.
The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321
(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.
All interested parties may appear and present testimony in regard to this application. If you challenge this
project in court, you may be limited to raising only those issues you or someone else raised at the public
hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public
hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300
Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at
www.newportbeachca.gov on the Friday prior to.the hearing.
For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 644 -3227
or fnueno @newportbeachca.gov.
Ar . � V ' -
Leilani Brown, City Clerk
City of Newport Beach
Tmplt: 02/09/11
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MICHAEL BEYER
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JOHN P LEHMAN
BERNARD J OLOUGHLIN
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CLIFFORD L_WENDT
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ANITA VERMUND
244 VIA TIERRA
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PO BOX 4708
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CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625
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SVERRIR OLAFSSON DONALD EUGENE OLSEN JOHN PATRICK NEAL
1903 YACHT TRUANT 1911 YACHT ENCHANTRESS 1909 YACHT ENCHANTRESS
NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660
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Pacific View Memorial Park
Attn: Robert Motzkin
3500 Pacific View Drive
Newport Beach, CA 92663
Clark & Green Associates
Attn: Michael Green
150 Paularino Avenue Suite 160
Costa Mesa, CA 92626
Hewitt & O'Neil LLP
Attn: Dennis D. O'Neil, Esq.
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
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Additional Labels
02/13/2012
PA2009 -024
3500 Pacific View Drive
Pacific View Memorial Park
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SPYGLASS HILL COMM. ASSN.
CMC ASSOCIATION MGMT
Attn: SUE COOK
132 S ANITA DRIVE 200
ORANGE, CA 92868
HARBOR VIEW HILLS SOUTH H O A
AMMCOR
1062 CALLE NEGOCIO F
SAN CLEMENTE, CA 92673
SPYGLASS RIDGE COMMUNITY
ASSN
SEABREEZE MGMT CO INC
39 ARGONAUT 100
ALISO VIEJO, CA 92656
BROADMOOR SEA VIEW
HOMEOWNERS ASSN
OPTIMUM PROPERTY MGMT
17731 IRVINE BLVD 212
TUSTIN, CA 92780
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MY CLERK'S ®FRpyCE
AFFIDWT OF P®S E g09tl'L7�
On , 2012, 1 posted the Notice of Public Hearing regarding:
Annual Review of Development Agreement for Pacific View (Z )
PA2009 -024
Date of City Council Public Hearing: February 28, 2012
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Annual Review of Development
Agreement No. DA2006 -001
Pacific View Memorial Park PA20O9 -024
City Council
Public Hearing
February 28, 2012
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Pacific View Memorial Park
PROOF ®F
RECEN
PUBUCAMlN 2612 FEB 24 AM
OFFICE OF
THE CITY CLEF
STATE OF CALIFORNIA) CITYO;= r:7,+nOAT
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, February 18, 2012
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on February 22, 2012
at Los Angeles, California
"AW4
Signature
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