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HomeMy WebLinkAbout12_Annual Review for Pacific View Memorial Park DA_PA2009-024CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT s/ May 24, 2018 °,<'FoaNs Agenda Item No. 12 SUBJECT: Annual Review of Pacific View Memorial Park Development Agreement (PA2009-024) SITE LOCATION: 3500 Pacific View Drive APPLICANT: Pacific View Memorial Park OWNER: Pacific View Memorial Park PLANNER: Rosalinh Ung, Senior Planner 949-644-3208, rung(c)newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • General Plan: 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 of the Newport Beach Municipal Code and Section 65865.1 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, 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 Pacific View Park Development Agreement Zoning Administrator, May 24, 2018 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. At the last annual review on April 27, 2017, the Zoning Administrator found that Pacific View demonstrated good faith compliance with the terms of the Development Agreement. However, the Zoning Administrator provided strong encouragement for continued progress in achieving compliance with noise standard relating to landscaping maintenance and construction activities. Section 15.45.080 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. Tmplt OU12/I8 Annual Review of Pacific View Park Development Agreement Zoning Administrator, May 24, 2018 Page 3 Annual Review On May 7, 2018, Pacific View submitted their annual report for the review period from May 2017 to April 2018 (Attachment ZA 2). There was been no new construction for the allotted family and community mausoleum or expansion of the existing administration complex within the last year. 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 9,888 Code Enforcement Division received twelve complaints from one nearby resident who resides to the north of the cemetery since the last year annual review. These complaints are included in Code Enforcement Memorandum dated May 1, 2018 (Attachments ZA 3) and summarized as follow: 1. Noise from landscape maintenance equipment and occasional burial operations; 2. Dust from the engraving of memorials; 3. Fumes from painting and incense burning by the families visiting or during services, 4. Use of commercial pesticides in proximity to residential properties; 5. Negative visual impacts from massive headstones; loss of privacy due to lack of adequate buffer zone; and shrubs or vines for screening requested; 6. Excessive landscaping water usage; and 7. Littering from unsecured helium balloons The most recent noise complaint was received on May 3, 2018. A video clip showed the resident's noise meter registering cemetery maintenance equipment at 65 to 67 dBA. Upon investigation, Code Enforcement staff determined that Pacific View is operating in conformance with the noise ordinance while operating their landscape maintenance equipment. The gas powered leaf blowers have a noise restriction of 65 dBA, as measured from a distance of 50 feet. Lawn mowers are exempt from this restriction. Pacific View had purchased noise monitoring equipment, low noise blowers and mowers, and electric trimmers to minimize the noise from normal landscape maintenance activities. Pacific View also had purchased a tent to cover the memorial engraving Tmplt OU12/I8 3 Annual Review of Pacific View Park Development Agreement Zoning Administrator, May 24, 2018 Page 4 operations to capture any potential dust. There are no City regulations pertaining to fumes from painting and incense burning and use of commercial pesticides. Pacific View has chosen to cease the use of commercial pesticides within 200 feet of the concerned resident since June 2017. Pacific View is in compliance with the conditions of Development Agreement pertaining to the overall development of the cemetery, including the ground burial areas where up to three feet in height of headstones and above grade memorials are allowed. Staff also in receipt of a latest request from the concerned resident for planting of shrubs or vines to conceal the view of the funerals and protect the neighbors from the smoke from burning objects during the ceremony (Attachment ZA 4). There is no required landscape buffer area along the cemetery's northern property line, abutting the concerned resident's property. At the last year annual review, Pacific View had offered and subsequently planted four 15 -gallon -size fern pine trees on Pacific View's property to provide additional screening for the concerned resident. Additionally, Pacific View has offered to purchase a limited number of trees to be planted within the common area adjacent to the concerned resident's home to enhance screening of activities within the park. The trees would be maintained by the resident's Homeowner Association (HOA). However, Pacific View was informed that the HOA denied such request. After reviewing the attached annual report, applicable documents, and the established commitments in addressing nuisance issues above and beyond reasonableness, staff believes 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, 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. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Tmplt OU12/I8 Annual Review of Pacific View Park Development Agreement Zoning Administrator, May 24, 2018 Page 5 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: salinh M. Ung enior Planner +rem Attachments: ZA 1 ZA 2 ZA 3 ZA 4 Tmplt 01/12/18 Vicinity Map Pacific View Memorial Park Annual Report Code Enforcement Memorandum Request for Shrubs or Vines 5 Attachment No. ZA 1 Vicinity Map i- VICINITY MAP C City of Newport Beach Development Agreement No. 7 PA2009-024 Pacific View Memorial Park 3500 Pacific View Drive Attachment No. ZA 2 Pacific View Memorial Park Annual Report 2 CLARK & GREEN MEMO DATE: May 7, 2018 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 Drilling and Engraving One complaint from Ms. Feibleman 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 is 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. Lic. # CA 2311, 4233 150 Paularino Avenue, Suite 160, Costa Mesa, California 92626 q (714) 434-9803 FAX (714) 434-9109 q 3.2 Use Permit No. 3518 — Conditions of Approval 3.2.1 Family Mausolea No new family mausoleums have been constructed since 2015. 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.f. 35,799 s.f. Family Mausoleum 12,000 s.f. 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. 2 10 4.10 Ground Burial a. Building Site `E' — Building Site `E' remains undeveloped. There are no plans for development in the coming year. b. Other Building Sites — Pacific View is in 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. A small burial garden estate project has recently been completed consistent with the Development Agreement. 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 2018. 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 the Development Agreement. The family mausolea in Lot 3 and Lot 6 of Building `H' were inspected by the City of Newport Beach and approved. 3 21 C. Adjacent Homeowner Complaints. Pacific View has operated under the Development Agreement requirements and conditions since 1996 (22 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 two years, one homeowner, Ms. Leslie Feibleman, who resides on the northern side of the cemetery, has lodged several complaints directly to the cemetery and to the City of Newport Beach. 1. Noise- Since the 2017 Annual Review, Ms. Feibleman has lodged 17 complaints about noise from landscape maintenance equipment and occasional burial operations. As mentioned last year, we have purchased noise monitoring equipment, low noise blowers and mowers and electric trimmers to minimize the noise from normal landscape maintenance activities (that are no different than those that take place throughout Newport Beach.) . This has cost thousands of dollars. Our monitoring equipment has indicated that we are below the required maximum decibel level of 65 dB for the maintenance equipment being operated. We determined that several of Ms. Feibleman's noise complaints were caused by her Seaview HOA maintenance operations, not Pacific View's. We believe we are in continued compliance and have received no violations from the city in the last year. Most recently on May 3Td, the Feibleman's provided a video of their decibel meter registering cemetery maintenance equipment at 65 to 67 dBa. Our meters registered the same equipment at 64 to 65 dBa. The only decibel level restriction that the City currently has is for gas powered leaf blowers at 65 dB. The equipment Ms. Feibleman is complaining about in her May 3r, video is a lawn mower not a leaf blower. So, even if her measurement is accurate and we dispute that it is, we are technically not in violation of City noise levels. We might point out that from Web MD,. The following descriptions of noise levels are provided: Normal conversation is about 60 dB, a lawn mower is about 90 dB, and a loud rock concert is about 120 dB. In general, sounds above 85 are harmful, depending on how long and how often you are exposed to them and whether you wear hearing protection, such as earplugs or earmuffs. So the noise level the Feibleman's are complaining about are just above conversation level and well below a standard lawn mower noise level. The recommendation from the Feibleman's or the City was that we should purchase and use the Stihl BR500 Backpack Blower to reduce noise impact. We agree. It is the exact blower we have been already using for over a year. On May I", the Feibleman's complained to the city code enforcement officer that the excessive noise from maintenance activities is mining their quality of life. "The weekend and Friday evening noise is especially bothersome. " The problem with this statement is that we do not do landscape maintenance after 6 pm and try to be finished by 5 pm Monday thru Friday out of respect to our neighbors.. We do not do any landscape maintenance on Saturday unless we have fallen behind during the week. Then it is limited and we avoid being near her property. 2. Incense burning- Ms. Feibleman has occasionally complained about incense burning by families visiting or during services. There is no violation of any air quality or other codes but we have posted signs requiring all incense to be extinguished upon leaving the grave side. Our families have incense burning as a very important art of their traditions at the burial service and the grave site. However, it is not a frequent occurrence. 3. Engraving of memorials- Ms. Feibleman has made one complaint about potential dust from engraving of memorials. We are not in violation of any city or SCAQMD rules 4 12 governing engraving but we have purchased a tent to place over any engraving operations near the resident's home to capture any potential dust. The engraving uses approved garnet sand for this purpose due to the rules governing silica. 4. Construction project noise. Ms. Feibleman complained in 2016 about construction project noise and work on weekends. There have been no new garden installation projects within 300 feet of the Feibleman residence since winter of 2017. 5. Pesticide Use- The Feibleman's have complained in their May 1', 2018 correspondence about our legal use of pesticides near their residence as being unacceptable. The problem with this statement is that we ceased the use of legal commercial pesticides within 200 feet of their residence in June of 2017. 6. Mylar Balloons -The Feibleman's have begun to complain in the past couple of months about Mylar helium balloons brought into the cemetery by visitors becoming loose and drifting into HOA common area. We do not allow the release of balloons, nor do we encourage the use of or sale Mylar helium balloons. The State of California has very strict laws about this issue. Should a balloon be inadvertently released from any property including the Feibleman's it is the person who releases the balloon who is liable, not the property owner. The Seaview HOA has not indicated they have had any issue with Mylar balloons coming from Pacific View. 7. Plant Buffer -The Feibleman's constantly complain about the plant buffer and size of the buffer zone. This issue goes back to 2005 and 2006 when Pacific View developed the Pacific Gardens in the area adjacent to their residence. We cannot imagine why they thought that the cemetery would never expand into this area when they bought their home. As part of this development, The City insisted we work with the Feibleman's to mitigate impact from our completely legal and approved expansion. As an expensive goodwill measure, we worked with the Feibleman's directly and extensively to install a tubular steel fence along the property line with Scaview HOA adjacent to their residence and only their residence. We also agreed in conversation with the Feibleman's to plant trees and shrubs specifically to buffer their property. All of this was agreed to by the Feibleman's as appropriate mitigation and completed as part of the City approving our construction permits. Most recently in May of 2017, Pacific View purchased 3 -15 gallon size Fern Pines (Podocarpus) as a good will gesture to add to the Feibleman's buffer. These were planted on Pacific View property which is problematical for us since graves exist very close to the property line. Less than a year later, one of these trees had been dug up and stolen. So we planted 2 more for a total of 4 Fern Pines. See photo attached. 8. Granite Monuments and Memorials and Burial Services- In the May I't correspondence to the City, the Feibleman's complain about the memorials being unattractive in their view and the burial services being obtrusive to their way of life. In 1996, the City created very restrictive Conditions of Approval, site planning limitations and forced Pacific View to give up two acres of usable land in order to obtain a Use Permit and Development Agreement. The Feibleman's purchased their house well after this agreement was completed. Pacific View has for 22 years been in compliance with the Development Agreement and other city codes and ordinances. This is a cemetery and the issues above are normal and reasonable cemetery services and operations. 9. Excessive Water Use by the Cemetery- In the May I' correspondence, the Feibleman's complain about excessive water use by a turf lawn cemetery and that we should convert our gardens to native plants. They also complain about sprinklers running during the day. The cemetery is governed by many ordinances and requirements from state and local agencies. Irrigation is operated using best management practices and we need to keep the lawn areas healthy and attractive for our 5 i3 visitors and family. If the irrigation is operated during the day it is for auditing and maintenance review and repair purposes. Since we pay for our water on a retail basis, we have incentive us to manage it wisely. Cemeteries are also a very heavily used form of a public park just as the City has many parks requiring irrigation for their turf areas. 10. Feibleman Residence Expansion.- We believe it is important to inject a little perspective into this ongoing issue. The Feibleman's purchased their property next to an active cemetery. In 2006, they negotiated mitigation measures through the City we agreed to and carried out although we had no obligation to do so. In spite of living next to an active cemetery, they undertook an extensive remodel and expansion. Apparently life next to a cemetery was not so bad. Now that they want to revise all the rules we have operated under for over two decades. We cannot and will not be able to do anything that will affect the legal contracts we have with families who have purchased all of the spaces and are burying their loved ones in the Pacific Gardens development. Over time the burials and activity will decrease. Feibleman's need to be patient and reasonable while these families go through this very difficult period in their lives. We have also had a visit from Councilman O'Neil in 2017 to discuss the ongoing situation. We have notes from that meeting and his comments. We have had two meetings with Seaview HOA Board and Landscape Committee members. These meetings covered general coordination issues and information and did not include any complaints. There was also an acknowledgement that a significant amount of buffer plantings on the HOA property had been removed by the HOA maintenance contractors due to poor long term maintenance and subsequent decline. Apparently, individual homeowners had also placed plantings on Pacific View property which were removed by the HOA. Many of these plantings that were removed were paid for or contributed by Pacific View over the past decade. It is difficult for us to continue to do this when we cannot be in any way guaranteed that this planting enhancement effort will be maintained properly. It is important to note that out of 35 perimeter residences directly adjacent to the cemetery property line, we have received only one other complaint in the past 12 months from an adjacent resident and this was a request for Pacific View to replace the plantings on the HOA property that were removed by the HOA on the northerly property boundary as identified above. We are sure that two or three residents will suddenly show up to the DA hearing at the urging of Ms. Feibleman. 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. Pacific View has purchased or contributed to the purchase of trees to be placed in this same common area on three different occasions over the past 15 years. Pacific View will continue to be responsive to the adjacent residents and address issues as necessary. We believe that the corrective measures that have been implemented in the last two years that have reduced the likelihood of actual violations occurring. MG/sg cc: Ruby Louis Bob Dowson Douglas Hardenbrook Jim Herbert C:\Users\mgrem.CGLA\Desktop\PV DA\mem05-07-I8 Status Report.docx 7 15 f y r .19 tg <sa a y Ilk JRR M. x R r y t J�i �� � � l,'•ele lift Attachment No. ZA 3 Code Enforcement Memorandum 27 . `; r da Cq IFORN`P To: Rosaling Ung, Senior Planner 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communttyde.velopment From: Matthew Cosylion, Code Enforcement Supervisor Date: May 1, 2018 Re: Pacific View Memorial Park and Mortuary Per your request, I am providing you with a copy of written complaints filed with the Code Enforcement Division since April 30, 2017. It should be noted that no enforcement action was taken on these complaints, as staff did not find any violations of the Newport Beach Municipal Code. Noise related to funeral No violation of the April 30, 2017 preparations and closing of NBMC rave site PVMP project, No July 9, 2017 Drone -privacy concern violation Noise from service and fumes No violation of the August 23, 2017 from landscaping NBMC maintenance December 20, Noise and fumes from No violation of the 2017 landscaping maintenance NBMC December 24, Fumes from painting No violation of the 2017 NBMC December 25, Fumes from incense No violation of the 2017 NBMC No violation of the February 20, 2018 Balloons NBMC March 7, 2018 Fumes from incense No violation of the NBMC March 29, 2018 Noise from landscaping No violation of the maintenance NBMC April 3, 2018 Noise from landscaping No violation of the maintenance (leaf blowers) NBMC April 25, 2018 Incense and helium balloons No violation of the NBMC May 1, 2018 Multiple concerns (summary) Under review Tmplt:-02/05/15 19 Cosylion, Matt From: Cosylion, Matt Sent: Monday, April 30, 2018 1:48 PM To: Ung, Rosalinh Subject: FW: Sunday very noisy fyi r: Community Development Department Code Enforcement Supervisor mGOS Iy,Orl�neWPortbedCncd 949-644-3217 -------- Original message -------- From: "Louis, Ruby"<Ruby.Lou isADignitymemorial.com> Date: 4/30/17 2:42 PM (GMT -08:00) To: Leslie Feibleman <lesliefeibletnan,'cepmail.com> Cc: "Cosylion, Matt" <NICosyliunAnewportbeachica.euv> Subject: Re: Sunday very noisy Hello Leslie, In checking with my staff because I am not at work, there is a memorial service later today at 4pm and a large tent was being delivered by truck and then erected for the gathering. I would guess that's what the metal sounds are in addition to other things you are hearing. Earlier today, there was also a burial near your home, so our team would have had to close the grave afterwards which involves the backhoe and tractor, both using backup signals. We had 3 services today, with the one at 4pm being the last. Sent from my iPhone. > On Apr 30, 2017, at 2:01 PM, Leslie Feibleman <le lie feibleman aigmail.com> wrote: > Hi Ruby, > It is Sunday and we were hoping to enjoy time outside , but there is very loud mechanical noises, rumbling trucks, sharp metal sounds and loud beeping. > It has been several hours now. > Just wanted to let you know as you may not be aware of what is happening. > Sent from my iPhone 20 Cosylion, Matt From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Monday, July 10, 2017 10:32 AM To: Louis, Ruby Cc: Cosylion, Matt Subject: Re: Drone Hi Ruby, Thank you for letting us know. Good luck with the project. Leslie On Sun, Jul 9, 2017 at 10:17 AM, Louis, Ruby <I2ubv.Louis cr.di�!nitvmemorial.com> wrote: Hi Leslie, I understand your concerns. This man is our employee working on a project specific to PVMP. We will be doing more drone flyovers during this month throughout the cemetery. Resident's homes are not our focus. The few times unauthorized people have been caught flying drones over PVMP, we've immediately asked them to stop, as I also find it creepy and an absolute invasion of privacy. Thanks for checking. Ruby Sent from my iPhone > On Jul 9, 2017, at 9:44 AM, Leslie Feibleman <lesliefeibleman <Jsanail.com> wrote: > Hi Ruby, > There is a man at PVMP near our home using a drone. It is flying near our house. It is creepy and an invasion of our privacy. Not sure why he is here and if it was commissioned by PVMP ? Or perhaps a resale agent or a nosy person annoying the neighborhood. > I took a video of it if you would like to see it. > Thanks, > Sent from my iPhone 21 Cosylion, Matt From: Cosylion, Matt Sent: Monday, April 30, 2018 2:02 PM To: Ung, Rosalinh Subject: FW: PVMP �Ew�ogr urr' Community Development Department °!oi` ae Code Enforcement Supervisor 949-644-3217 From: Leslie Feibleman (mailto:lesliefeibleman@gmail.com] Sent: Wednesday, December 20, 2017 12:46 PM To: Cosylion, Matt <MCosylion@newportbeachca.gov> Subject: Re: PVMP Dear Matt, That sounds like a good place to start. Thanks, Leslie On Wed, Dee 20, 2017 at 12:37 PM, Cosylion, Matt <MCosvlioni(i)newnurtbeachca.sov> wrote: Let me check in with the Water Conservation Team. Matt CnSyllen r ' Community Development Department Code Enforcement supervisor mco>v6onfalnewoatbeacnca nov 949-644-3217 From: Leslie Feibleman [mailto:lesliefelbleman@gmail.com] Sent: Wednesday, December 20, 2017 12:21 PM To: Cosylion, Matt <MCosvlion@newoortbeachca.gov> Subject: Re: PVMP 22 Dear Matt, Happy Holidays! Thank you for checking in. The PVMP landscape maintenance noise is too loud, too frequent and needs to be mitigated. It is so bad that I can no longer stay home during the times that they are working without wearing music headphones and moving to the other side of our house. I cannot have normal conversations with my own family outdoors or indoors if the windows are open while they are generating the noise. This week they spent hours making horrible noise trimming their hedges into perfect squares. It is so ridiculous. PVMP currently utilizes unsustainable landscape methods which results in daily nuisances for the surrounding neighbors. The noise impact is similar to the pickle ball issue. They can easily switch to hand raking, quieter electric equipment, native plants, sustainable design and efficient methods of maintenance. They need to be educated about the alternatives out there. Can the City of NB Water / Sustainability team give them a presentation? This ho liday—we-are-hoping-for-some-peace-and-quiet: Thanks, Leslie On Wed, Dec 20, 2017 at 12:01 PM, Cosylion, Matt <blCosvliontFt;.newportbeachca.eov> wrote: Good Morning Mrs. Feibleman, I hope this email finds you well and getting ready for the holidays. I wanted to check in with you to see how things are going at PVMP. I understand there may have been some recent issues? Sincerely, Jt 1 `S 'G' Community Development department voce c,�-or2�-er•t �uper.,isoi 3A9 -E44-121" 2S CITY OF NEWPORT BEACH IOU Civic Center Onve, First Floor Bay B, Newport Beach, California 926601 newportbeachca guy Cosylion, Matt From: Cosylion, Matt Sent: Monday, April 30, 2018 2:03 PM To: Ung, Rosalinh Subject: FW: Noxious fumes on Sunday 12/24 �dEWI °o9r yi � Community Development Department Cvsow+`�' Code Enforcement Supervisor mco5 Y1rpn�('vn AvvpURped T c.. 949-644-3217 - from: Leslie—Feibleman lesto et eman gman .com Date: December 24, 2017 at 2:29:35 PM PST To: Ruby Louis <Rubv.Lou is(c Dignitymemorial.com> Subject: Noxious fumes on Sunday 12/24 Hi Ruby, Merry Christmas. Nice to see the families out enjoying the park. We were hoping to enjoy some family time outdoors, but were overwhelmed by the smell of paint or chemical fumes in our yard. I walked around and discovered a PUMP crew applying paint or chemicals on a fence. It is a windy day, a Sunday and a holiday. This is a nuisance and completely unacceptable. I asked them to stop, but they did not. I took a photo of you would like to see it. Leslie Sent from my iPhone 2.5 Cosylion, Matt From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Monday, December 25, 2017 2:08 PM To: Ruby Louis Subject: Incense burning close to our home Hi Ruby, Merry Christmas. Just wanted to let you and your team know that the smell of perfumed incense is causing a huge, disruptive nuisance today. We had to close all of our windows and go inside again. Today is a Christmas holiday for all to enjoy. PVMP needs to modify its visitor rules and either allow only unscented incense to burn or ban them altogether. With respect to the humans and animals living upwind of your property, we urge you to please work with your corporation and take the proper action to mitigate the nuisances. We have company that flew in and would like to enjoy our home with our loved ones without the terrible air pollution. Thank you, Leslie Sent from myiPhone 20 Cosylion, Matt From: Cosylion, Matt Sent: Tuesday, February 20, 2018 2:01 PM To: Webb, Michael Subject: FW: Mylar balloons Follow Up Flag: Follow up Flag Status: Flagged Please open and assign to me under subtype zoning. R] Thankyou Wig, 'osOh-,n Code Enforcement Supervisor meosAQnan&%yDa0eachca. rrov 949-644-3217 From: Leslie Feibleman [mailto:lesliefeibleman@gmail.com] Sent: Tuesday, February 20, 2018 1:59 PM To: Cosylion, Matt <MCosylion@newportbeachca.gov> Subject: Fwd: Mylar balloons Hi Matt, Just a heads up on what I sent to PVMP today. You may want to send them a note too. Thanks, Leslie ---------- Forwarded message ---------- From: Leslie Feibleman <lcsliefeiblemanCa.amail.com> Date: Tue, Feb 20, 2018 at 1:56 PM Subject: Mylar balloons To: Ruby Louis <Ruby.Louis(cDdienitymemorial.com> Hi Ruby, With the recent winds, I have seen a couple of mylar float up into the sky from PVMP. You might want to have the crews remove them or make sure that they are properly secured. Read about the potential dangers here. http:/ /www.pgecurrents.com/2011/o8/lo/wayward-metallic-balloons-can-cause-major- inconveniences-dangers/ 27 Custom it lnbrmation Name: LESUEFEIBLEMAN Address: 1901YACHTRESOLU NEW7a0RTBEACH,CA6266C Request DNaih: Clued WPw4 .WY l AOnh Phone a: 9,19.500.5%2 Email LESLIEFEWLEMAN®OMAILCOM Ticket P. 296767 LeygCua Y: Requeel' ONa Munidpal Code Valentin -3500 Pa din View Ode,, Corms del Mar Type' Ou,m Munidpalc Sdsue' Opened Beep tecation Type: Addles • 9fM DateRime: M2013"pM L ... We: 3500 Estill, New On, Donald. DWa: field map(Mlpenbgia newpanbeachce OwMevryonHTMLSWewer/i Gse WarWn -Select En, newerufilmsMle6mnWoh6aw•Ad0leee_SmVh_SmrtUpuWDDS•3S0D PACIFIC VIEW DRIVE, CORONA DEL MAR) I offloo map (ht,.11nb9isnvw mfteahca gwMevgodHlMLSNewer/? vlewer�ewpedbee909B6PACIFICVIEW RIVE. CDROM MA 0 PACIFIC NEN DRIVE. CORORq DEL MAR) Save Changes Comments 9 History +Add Comment Imme epMn menti Tor prvl9ueWtlm"WaNu_ rcWeutlo=RPo7A Request Home (admin_m dspx) Pdn[New (Jpint_Vlew_nqueel.espv91D=2Ah762) Repeats Requeel Type Sham Ticket Samek: Seats Attachments Mama, Anenhmenm r R (hWoh pallewydbNlYl gwlWeMrynMn�anM/212613299 amaen%20W OS 07%20e1%s209.39p1sL20Pm Pn0) 22 11 From: Cosvlion. Matt To: Webb. Michael Subject: FW: Eetremely bud vibrating lawn mower with high pitch Date: Thursday, April 12, 2018 1:59:13 PM Attachments: imaae001.ono Community Development Department Code Enforcement Supervisor 949-644-3217 From: Leslie Feibleman[mailto:lesliefeibleman@gmail.com] 3ent:Jhulsd y,. March 29, 201114: PM To: Cosylion, Matt <MCosyl ion@ newportbeachca.gov> Subject: Fwd: Extremely loud vibrating lawn mower with high pitch Hi Matt, Just so you are aware of the ongoing problems, I am forwarding this email to you. ---------- Forwarded message ---------- From: Leslie Feibleman <leslieteibleman(jygmail.com> Date: Thu, Mar 29, 2018 at 4:19 PM Subject: Extremely loud vibrating lawn mower with high pitch To: Ruby Louis <Ruby o ris(d ii nitvnl tnrrial c in> Hi Ruby, Not sure what is going on over there, but there is currently an extremely loud vibrating sit on top lawn mower with a new) high pitch sound emanating and disturbing the peace. Also, the walkie talkies that the PVMP crew working next to our property are very loud. Can you see if they can use quieter equipment. We would greatly appreciate it. PVMP is operating way too loudly for this quiet residential area. Thanks, Leslie 29 From: Coslion. Matt To: Webb. Michael Subject: FW: Loud leaf blowers Date: Thursday, April 12, 2018 12:14:42 PM Attachments: imaae001.ona Community Development Department Code Enforcement Supervisor 949-644-3217 From: Leslie Feibleman [mailto:lesliefeibleman@gmaii.com] SeM: Tuesday April 3,. 2018 3:11 PM To: Ruby Louis<Ruby.Louis@dignitymemorial.com> Subject: Loud leaf blowers Hi Ruby, Not sure if you watch what your leaf blowers actually do, but I can see them and can hear them making noise all the way inside my home for hours and hours. They are blowing dust along the pathways and still using their loud, awful machines improperly and excessively. PUMP needs to replace this activity with a quiet broom or rake. (I asked the Seaview crews here to modify their methods too.) It is not only a health hazard, but a huge nuisance. We would greatly appreciate modifications and attention to this issue. I have to leave my home to get some peace again. Hoping for some peace. Leslie 3o Cosylion, Matt From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Friday, April 27, 2018 7:36 AM To: Cosylion, Matt Subject: Fwd: Incense burning / Helium balloon trash Hi Matt, Can you send a warning to PVMP regarding the helium balloons? ---------- Forwarded message ---------- From: Leslie Feibleman <lesliefeibleman(i4Pmail.com> Date: Wed, Apr 25, 2018 at 10:32 AM —Subject: -Incense burning /-Helium balloon trash To: Ruby Louis <Ruby.Louis(itidienitymenwrial.conv Hi Ruby, There are strong incense burning right now causing noxious odors blowing into our yard. (Had to stop my yard work and go inside). Can ask your crew extinguish them. Also, the helium balloons that your visitors are placing on the PV -MP property are still blowing up into the sky and onto the Seaview common areas The release of the metallic balloons_ is in violation of the California Law. They need to be secured properly or banned, as they could potentially cause a power outage. California Law: bttp / /legin�gislature rt y )t / faces/code, displ_iySecuc n chutil s(,ctiun_Num=653 l &law('ode=PEN See video: his://%vwev iiuffingttonpost com/entry/mylar-b2iUoon-power-hne4 w 5970leale4b0110cb3cbalod Thanks, Leslie 31 Ung, Rosalinh From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Thursday, May 03, 2018 2:56 PM To: Ruby Louis; Cosylion, Matt; Ung, Rosalinh; O'Neill, William; mike@clarkgreen.com Subject: Fwd: PVMP over decibel limit Attachments: IMG_7472.MOV Hello All, Pacific View Memorial Park maintenance crew is creating noise over the 65 decibels. This video was taken on May 3, 2018 at 2:40pm from our yard. See video. The constant noise is disrupting our work, social interactions and our lives. The noise is preventing us from the use and enjoyment of our property. This is a quiet residential neighborhood. Solutions are available. we would like to request that PVMP switch to quieter equipment when working near the homes. Ruby, if you would like information about quiet equipment options, we will be happy to put you in touch with manufacturer reps and arrange a demo at your site. Thanks, Leslie Sent from my iPhone 32 Attachment No. ZA 4 Request for Shrubs or Vines 33 Ung, Rosalinh From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Thursday, May 03, 2018 8:07 AM To: Ruby Louis Cc: Ung, Rosalinh; mike@clarkgreen.com Subject: PVMP: Request for shrubs or vines Attachments: IMG 6646.1PG Hi Ruby, We would like to request the planting of shrubs or vines to conceal the view of the funerals and protect the nearby residences from the smoke created by the burning of objects during the ceremony. This will also make the services more private for your customers. With the internments and the continued burning of incense taking place within a few feet from the Seaview property line, a buffer is absolutely necessary. See attached photo for reference. Thanks, Leslie M, OMI"! r!�! jv! 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I ✓r or �It 4 Ir� r v r tv � � y oppJli � . ? v { � I a f ) i • i 711���r111111,��1�i I � a � rrr i j � I l�yal V, � �� int,,: �x*r� �Jil `.��::143,I�I rt ` � I Y•j� rlAr ,kd t 's♦i*"' typ pa t(x� � ��� �p r t 5d�1p rl t A��� • ti •< �-�� :�� jai �,�.: �.�1:t`,i�.UY�.I�$3�+^l•�'` _.,._ _ X A Zoning Administrator- May 24, 2018 ITEM NO. 12a - ADDITIONAL MATERIALS Annual Review for Pacific View Memorial Park DA (PA2018-006) DATE: May 23, 2018 TO: Rosalinh Ung City of Newport Beach FROM: Leslie and Peter Feibleman RE: Pacific View Memorial Park Dear Rosalinh, We recommend that Pacific View Memorial Park (PVMP) works with the City of Newport Beach (CNB) and surrounding neighbors to adopt sustainable maintenance practices and implement social responsibility initiatives that promote public health, peace, and positive community relations. Social responsibility is the idea that businesses should balance profit-making activities with activities that benefit society; it involves developing businesses with a positive relationship to the society in which they operate. The ongoing loud noise generated by PVMP maintenance is a disruptive nuisance. The noise has resulted in adverse health effects and the unreasonable interference of the use and enjoyment of our property and home. We recommend the following solutions for PVMP: • Utilize low noise, zero emission electric equipment in areas adjacent to residences • Reduce the frequency of the maintenance • Provide a schedule of maintenance activity upon request To learn more about available solutions, we suggest that PVMP and CNB contact the following organizations Quiet Communities Quiet Communities is an independent non-profit organization. Their mission is to transition landscape maintenance to low noise, zero emissions practices with positive solutions to protect the health of workers, children, the public and the environment. QC provides research, education, outreach, and solutions, working collaboratively with communities, businesses, schools, and government agencies. httDs://www.auietconimunities.ora/ American Green Zone Alliance (AGZA) AGZA educates individuals, property owners, and landscape maintenance professionals to reduce or eliminate the use of gasoline powered maintenance equipment in favor of cordless electric and manual equipment. AGZA promotes these strategies through their exclusive Green Zone certification program that allows the owners of properties of any size to create, maintain, and promote their own zero -emission Green Zone. httDs://www.aeza.net Noise Pollution Clearinghouse Excerpt from website: The air into which second-hand noise is emitted and on which it travels is a "commons" a public good. It belongs to no one person or group, but to everyone. People, businesses, and organizations, therefore, do not have unlimited rights to broadcast noise as they please, as if the effects of noise were limited only to their private property. On the contrary, they have an obligation to use the commons in ways that are compatible with or do not detractfrom other uses. httt)s://www.nonoise.org/ Sincerely, Leslie and Peter Feibleman Zoning Administrator- May 24, 2018 ITEM NO. 12a - ADDITIONAL MATERIALS Annual Review for Pacific View Memorial Park DA (PA2018-006) From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Monday, May 21, 2018 1:11 PM To: Ung, Rosalinh Subject: Another false statement by Clark Green Now that they want to revise all the rules we have operated under for over two decades. Zoning Administrator- May 24, 2018 ITEM NO. 12a - ADDITIONAL MATERIALS Annual Review for Pacific View Memorial Park DA (PA2018-006) From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Monday, May 21, 2018 1:08 PM To: Ung, Rosalinh Subject: Another false statement We are sure that two or three residents will suddenly show up to the DA hearing at the urging of Ms. Feibleman. Zoning Administrator- May 24, 2018 ITEM NO. 12a - ADDITIONAL MATERIALS Annual Review for Pacific View Memorial Park DA (PA2018-006) From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Monday, May 21, 2018 3:30 PM To: Ung, Rosalinh Subject: Another false statement Dear Rosalinh, This statement is completely untrue! So the noise level the Feibleman's are complaining about are just above conversation level and well below a standard lawn mower noise level. Zoning Administrator- May 24, 2018 ITEM NO. 12a - ADDITIONAL MATERIALS Annual Review for Pacific View Memorial Park DA (PA2018-006) From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Monday, May 21, 2018 12:36 PM To: Ung, Rosalinh Subject: Fals statement in staff report Dear Rosalinh, This is untrue. ...several of Ms. Feibleman's noise complaints were caused by her Seaview HOA maintenance operations, not Pacific View's. Zoning Administrator- May 24, 2018 ITEM NO. 12a - ADDITIONAL MATERIALS Annual Review for Pacific View Memorial Park DA (PA2018-006) From: Ung, Rosalinh Sent: Tuesday, May 22, 2018 7:50 AM To: 'Leslie Feibleman' Subject: RE: Staff Report Good morning Leslie, Thank you for your email. This email and along with others that I have received (after the posting of staff report on Friday, May 18), will be forwarding to the ZA for consideration. Thanks. R. ROSALINH M. UNG Community Development Department Senior Planner rung0newoortbeachca. gov 949-644-3208 CITY OF NEWPORT BEACH 100 Civic Center Drive, First Floor Bay B. Newport Beach, California 92660 1 newportbeachca.gov From: Leslie Feibleman [mailto:lesliefeibleman@email.com] Sent: Tuesday, May 22, 2018 7:10 AM To: Ung, Rosalinh <RUne@newportbeachca.eov> Subject: Staff Report Dear Rosalinh, The staff report that was submitted to the ZA is comprised of false statements that do not reflect the truth. Leslie Zoning Administrator- May 24, 2018 ITEM NO. 12a - ADDITIONAL MATERIALS Annual Review for Pacific View Memorial Park DA (PA2018-006) From: Leslie Feibleman <lesliefeibleman@gmail.com> Sent: Tuesday, May 22, 2018 7:10 AM To: Ung, Rosalinh Subject: Staff Report Dear Rosalinh, The staff report that was submitted to the ZA is comprised of false statements that do not reflect the truth. Leslie