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
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Attachment No. ZA 3
Code Enforcement Memorandum
27
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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"
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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
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Community Development Department
Cvsow+`�' Code Enforcement Supervisor
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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
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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
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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