HomeMy WebLinkAbout03_Annual Review of Pacific View Memorial Park Development Agreement_PA2009-024CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 24, 2020
Agenda Item No. 3
SUBJECT: Annual Review of Pacific View Memorial Park Development Agreement
(PA2009-024)
•Development Agreement No. 8 (DA2006-001)
SITE LOCATION: 3500 Pacific View Drive
APPLICANT: Pacific View Memorial Park
OWNER: Pacific View Memorial Park
PLANNER: David S. Lee, Associate Planner
949-644-3225, dlee@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. 8 for Pacific View Memorial Park,
pursuant to Section 15.45.080 (Periodic Review) of the Newport Beach Municipal Code
and Section 65865.1 (Development Agreements) 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;
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. 8.
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Annual Review of Pacific View Memorial Park Development Agreement (PA2009-024)
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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 May 30, 2019, 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 to continue to work
with nearby residents to ensure that all the terms and conditions of the DA are met.
DISCUSSION
Section 15.45.080 (Periodic Review) 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.
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Annual Review of Pacific View Memorial Park Development Agreement (PA2009-024)
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Annual Review
On June 8, 2020, Pacific View submitted their annual report for the review period from
June 2019 to August 2020 (Attachment No. ZA 2). As part of a permitted road project,
Pacific View replaced twenty-six (26) required trees in Area 8. There has been no new
construction for the allotted family and community mausoleum or expansion of the
existing administration complex within the last year. However, Pacific View is currently in
the process of obtaining building permits to construct a 1,823-square-foot community
mausoleum.
Table 1 below shows the total entitlement allowed by the Development Agreement,
structure types, square footage built to date, and the remaining entitled square footage
(sf). Since the permits for the proposed community mausoleum have not yet been
obtained, it is not reflected on Table 1. The table will be revised upon permit issuance.
Table 1: Entitlement
Structures Total allowed
(sf)
Built-to-date
(sf)
Remaining
(sf)
Administration 30,000 20,229 9,771
Community Mausoleum 114,480 35,799 78,681
Family Mausoleum 12,000 2,112 9,888
Pacific View received several complaints from one nearby resident who resides to the
north of the cemetery since the last year annual review. The complaints are related to
noise from landscape maintenance equipment and smoke from incense burning during
services or family visits.
Code Enforcement staff has investigated and monitored the noise complaints and
determined that Pacific View has been 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 have also adjusted their maintenance
schedule and used battery-powered equipment to further reduce sound emissions when
working behind the complainer’s residence. Pacific View has voluntarily purchased and
planted 20 fern pines to provide additional screening behind the complainer’s resident.
With regard to incense burning, staff also determined there is no violation of any air quality
or other codes. Pacific View has voluntarily posted signs asking that all incense be
extinguished upon leaving the grave site.
It is noted that there were several minor incidents and inquiries reported pertaining to
unusual activity after business hours, plate drilling on weekend, legal pesticide spraying
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Annual Review of Pacific View Memorial Park Development Agreement (PA2009-024)
Zoning Administrator, September 24, 2020
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on a windy day, incense burning, and dust from a small demolition on the interior of an
existing crypt. These complaints were addressed by Pacific View upon notification.
After reviewing the annual report, applicable documents, and the established
commitments in addressing nuisance issues, 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, 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.
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:
__________________________
David S. Lee, Associate Planner
MKN/dl
Attachments: ZA 1 Vicinity Map
ZA 2 Pacific View Memorial Park Annual Report
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Attachment No. ZA 1
Vicinity Map
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VICINITY MAP
Development Agreement No. 8 (DA2006-001)
PA2009-024
Pacific View Memorial Park
3500 Pacific View Drive
Subject Property
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Attachment No. ZA 2
Pacific View Memorial Park
Annual Report
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Lic. # CA 2311, 4233
15420 Laguna Canyon Road, Suite 210, Irvine, California 92618
(714) 434-9803
MEMO
DATE: September 9, 2020
TO: David Lee
City of Newport Beach
FROM: Michael Green/Ruby Louis
RE: Pacific View Memorial Park Development Agreement Status Report
We have the following response to the status update request by the city for this annual review through
August 2020. 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
There was one complaint from Ms. Feibleman in 2016 or 2017 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. No complaints have occurred since.
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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.
We are currently processing a request for an 1,823 s.f. community mausoleum phase. The above table will
be revised upon permit issuance.
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. A
recently permitted and completed road project required replacement of several of these
trees. As of June 6, 2020, all twenty-six (26) trees are in the area aa required. .
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
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Pacific View has continued to maintain this area. Existing plant material placed by
homeowners in past years is pruned upon request of the affected homeowners as a courtesy
since they planted these shrubs.
4.10 Ground Burial
a. Building Site ‘E’ – Building Site ‘E’ remains undeveloped. There are no plans for
development in 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 was
developed in 2019 with a lawn burial area and a loop road consistent with
the Development Agreement. That permit has been closed.
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
10
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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.
C. Adjacent Homeowner Complaints. (Since 2019 DA review)
Pacific View has operated under the Development Agreement requirements and conditions since
1996 (24 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 three years, one homeowner, Ms. Leslie Feibleman, who resides
on the northern side of the cemetery, has lodged complaints directly to the cemetery and
occasionally to the City of Newport Beach. In the 2017, 2018 and 2019 reviews, the issues with
the Feibleman’s were discussed in great detail including the many ways we have modified our
maintenance regime to try and work with their concerns. In general, we are in compliance with
the DA requirements and city standards for all of our activities.
1. Since our last review in June of 2019, we have received complaints from only the Feibleman
residence.
2. In total we have received 5 complaints regarding incense over the past 12 months. Two of these
were also reported to the city. This is a reduction from our last review. In 2018 we posted signs
that unattended incense is not permitted. We do not chase off mourners that burn incense while
visiting their loved one’s gravesite. This is a deeply held cultural and religious tradition among
these families. No city regulations have been violated.
3. There have been a total of 12 noise/land care or general complaints from the Feibleman’s over the
past year. Several of the noise complaints were at times when their own association’s maintenance
crew were working behind their house and they assumed it was our crew making the noise.
Currently, we have adjusted our schedule by doing the major land care behind their home on
Tuesdays and Wednesdays on a trial basis, dependent on weather, daily service schedules and
staffing. The schedule has been discussed with the Feibleman’s. We now use battery powered
equipment around their home due to the lower sound emissions. The cemetery crew performs
frequent sound checks on the equipment.
4. There have been 3 notifications of unusual activity after business hours while the cemetery gates
are still open regarding visitors to the cemetery. We have a security patrol and try to monitor and
patrol these occurrences. There are no police reports concerning these incidents and no crimes
were committed. There were also 3 miscellaneous complaints about inadvertent crypt plate
drilling on a Sunday morning, legal pesticide spraying on a windy day near their residence and
dust from a small demolition project without sufficient water application. These three incidents
were immediately addressed upon notification.
It is important to note that out of 35 perimeter residences directly adjacent to the cemetery
property line, we have received NO complaints in the past 12 months from any other
resident.
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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. Although there is still a heavy and
wide buffer on the HOA common area between the cemetery and the residence, this clearing did
cause some gaps through no fault of the cemetery. In the last 9 months, we purchased and
planted 20 fern pines along this border with the Feibleman residence to enhance the plant
buffer.
Pacific View has purchased or contributed to the purchase of many 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.
MG/sg
cc: Ruby Louis
Bob Dowson
Douglas Hardenbrook
09-016 mem06-08-20 Status Report
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From:Peter Feibleman
To:CDD
Subject:Pacific View Mem. Park - Public Hearing Sept. 24, 2020
Date:Tuesday, September 22, 2020 9:24:56 PM
Attachments:IMG_5198.mov
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
To the Zoning Administrator : Does anyone really want more noise in their life ?
The PVMP borders the Seaview community, and every week they repeat their meticulous
landscaping with very loud Leaf Blowers & Trimmers. PVMP has informed us many times
that they are using Electric and not Gas powered equipment near the Seaview
community. Honestly, the Electric sounds just as loud as the Gas. The people using this
equipment are most likely reducing their lifespan with such noisy machinery, week after week.
I would very much appreciate that they use significantly quieter equipment. Since their
operation is for profit - Service Corp. listed on the NYSE (Parent owner), they should be able
to accommodate the “living neighbors” that surround their operation, especially with so many
working from home because of COVID-19.
On Aug. 25, 2020, I sent Ruby this video - where from our property the noise exceeded the
decibel limit at times ….. this was also late in the day around 4:20pm. I received an auto
response that Ruby was
out of the office that week. I never got an actual follow up response from her regarding this.
All we are asking for …. is that they use significantly quieter equipment near the Seaview
community - that’s it. We are not telling them how to run their day to day business, but the
meticulous
week after week landscaping is a (noise) nuisance.
Thank You,
Peter Feibleman
Zoning Administrator - September 24, 2020
Item No. 3a Additional Materials Received
Annual Review of Pacific View Memorial Park Development Agreement (PA2009-024)
From:R. K. Ferncase
To:CDD
Cc:Peter Feibleman
Subject:Pacific View noise
Date:Thursday, September 24, 2020 9:42:30 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Zoning Administrator:
This morning I awoke to a fourth consecutive day of ear-shattering chainsaw/leaf blower/string
trimmer/lawn mower cacophony from our neighbor, the Pacific View Memorial Park. We have asked that
the cemetery workers concentrate all their mechanized activity adjacent to our homes on one or two days
a week, but the noise continues unabated at least four days a week.
Add to this an ever-increasing number of visitors bringing barking dogs into the graveyard and staying
well past sunset (isn’t this against the rules set forth by Pacific View?). Cemetery management could
easily consolidate the days of power equipment usage near our homes to one or two days a week. Both
the cemetery visitors and residential neighbors alike would benefit from a more considerate policy from
Pacific View management.
Thank you for your consideration.
Sincerely,
Richard Kendrick Ferncase
1901 Yacht Colinia
Newport Beach CA 92660
--
As ever,
R.K. Ferncase
ferncase.com
Zoning Administrator - September 24, 2020
Item No. 3b Additional Materials Received after Deadline
Annual Review of Pacific View Memorial Park Development Agreement (PA2009-024)