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ORDINANCE NO. 2007-15 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH APPROVING DEVELOPMENT AGREEMENT NO. 2006 -001, AN <br />AMENDMENT TO DEVELOPMENT AGREEMENT NO 7, TO ALLOW THE <br />DEVELOPMENT OF SIX (6) FAMILY MAUSOLEA AND ESTATE GARDENS <br />WITHIN BUILDING SITE "H ", AREA 8 OF THE PACIFIC VIEW MEMORIAL <br />PARK LOCATED AT 3500 PACIFIC VIEW DRIVE (PA 2006 -282) <br />WHEREAS, an application was filed by Pacific View Memorial Park with respect to <br />property located at 3500 Pacific View Drive, and legally described as Portions of Blocks 96 & <br />97 of Irvine's Subdivision as shown in Book 1, Page 88 of Miscellaneous Maps, requesting <br />approval of amendments to Use Permit No. 3518 by Use Permit No. 2006 -040 and to <br />Development Agreement No. 7 by Development Agreement No. 2006 -001 (the "First <br />Amendment ") to allow Pacific View Memorial Park to develop six (6) family mausolea <br />comprised of 2,024 square -feet and ground burial estate gardens within Building Site "H ", <br />Area 8 (the "Project ") in lieu of a 7,200 square foot community mausoleum; and <br />WHEREAS, on July 10, 1995, the City Council adopted a Negative Declaration, <br />approved Use Permit No. 3518, General Plan Amendment No. 94 -1(F), Site Plan Review No. <br />69 and Development Agreement No. 7 to establish maximum permitted development <br />allocation for Pack View Memorial Park of 30,000 square -feet of administrative offices and <br />support facilities, 121,680 square -feet of community mausolea and 12,000 square -feet of <br />family mausolea, and granted Pacific View Memorial Park statutory vested rights to develop <br />the subject property in accordance with the terms and conditions for the ultimate build -out of <br />the entire cemetery property; and <br />WHEREAS, on August 9, 2007, the Planning Commission, with a vote of 5 ayes (one <br />absent and one abstain), recommended approval of Development Agreement No. 2006 -001 and <br />Use Permit No. 2006 -040 and adoption of Negative Declaration No. 2007 -001 to the City <br />Council; and <br />WHEREAS, a public hearing was held by the Newport Beach City Council on September <br />11, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, <br />California. A notice of time, place and purpose of the meeting was given in accordance with <br />the Municipal Code. Evidence, both written and oral, was presented to and considered by the <br />City Council at this meeting; and <br />WHEREAS, the Project requires the approval of an amendment to Development <br />Agreement No. 7 pursuant to the provisions of Section 15.45.060 of the Municipal Code <br />(Development Agreements: Amend ment/Cancellation). This section states a development <br />agreement may be amended in whole or in part, by mutual consent of the parties to the <br />agreement or their successors in interest and shall be subject to the provisions of Section <br />65864 et seq. of the California Government Code; and <br />WHEREAS, the Project is consistent with the Land Use Element of the General Plan, <br />which designates the property as Private Institutional (PI). The existing Pacific View Memorial <br />Park is a privately -owned cemetery with no changes proposed to the land use designation. The <br />