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HomeMy WebLinkAbout39 - General Plan Amendment No. 94-1(F)I City Council Meeting June-22, 1995 Agenda Item No. 39 CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department SUBJECT: A. General Plan Amendment No. 94-1(F) Request to consider an amendment to the Land Use Element of the General Plan for Pacific View Memorial Park, so as to establish a new development allocation of a maximum of 30,000 square feet of administrative offices and support facilities, 126,700 square feet of community mausoleum and garden crypts, and 12,000 square feet of family mausoleums (or equivalent building bulk restrictions). Additional language is also proposed which specifies that all future mausoleum and garden crypt structures shall be constructed only within the building envelopes authorized by the site plan approved in conjunction with Use Permit No. 3 518; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach B. Development Agreement No. 7 Request to approve a development agreement for the proposed build -out of the Pacific View Memorial Park. C. Use Permit No. 3518 Request to approve a master plan of development for the ultimate build -out of the Pacific View Memorial Park, located on property in the R-3-B and Unclassified Districts. The proposal includes: the establishment of four additional building sites which will be developed with future community mausoleum and garden crypt facilities; one building site for the future construction of family mausoleums facilities; the construction of a future maintenance building, a future garage and sales facilities; and the location of future road construction as part of the interior vehicular circulation of the park. TO: City Council - 2 The proposal also includes a request to permit the continued use of a temporary building to be used in conjunction with the continuing sales activities. ►ra D. Site Plan Review No. 69 Request to establish grade on each of the proposed mausoleum and garden crypt building sites within the Pacific View Memorial Park property. LOCATION: Portions of Block 96 and 97, Irvine's Subdivision, located at 3500 Pacific View Drive, at the southeasterly terminus of Pacific View Drive, adjacent to the Harbor View Dills Planned Community. ZONES: R-3-B and U APPLICANT: Pacific View Memorial Park, Glendale OWNER: Pierce Brothers, Houston, Texas Applications This item involves a request to approve an amendment to the Land Use Element of the General Plan so as to establish a new development allocation of a maximum of 30,000 square feet of administrative offices and support facilities, 126,700 square feet of community mausoleum and garden crypts, and 12,000 square feet of family mausoleums (or equivalent building bulk restrictions) within the Pacific View Memorial Park. Additional language is also proposed which specifies that all future mausoleum and garden crypt structures shall be constructed only within the building envelopes authorized by the site plan approved in conjunction with Use Permit No. 3 518. The proposal also includes: a request to approve a Development Agreement, so as to permit the ultimate build -out of the Pacific View Memorial Park; a request to approve a Use Permit to establish four additional building sites which will be developed with future community mausoleum and garden crypt facilities, one building site for the future construction of family mausoleums facilities, the construction of a future maintenance building, a future garage and sales facilities, the location of future road construction as part of the interior vehicular circulation of the park, and the continued use of a temporary building to be used in conjunction with the continuing sales activities. The proposal also includes a request to approve a Site Plan Review so as to establish grade on each of the proposed mausoleum and garden crypt building sites. General Plan amendment procedures are set forth in Council Policy Q-1 and development agreement procedures are set forth in Chapter 15.45 of the Municipal Code. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code and site plan review procedures are set forth in Section 20.01.070 of the Municipal Code. TO: City Council - 3 Suggested Action Hold hearing; close hearing; if desired, adopt Resolution No. approving General Plan Amendment No. 94-1(F); introduce Ordinance No. relating to Development Agreement No. 7 and pass to second reading on June 26, 1995; and approve Use Permit No. 3518 and Site Plan Review No. 69 with the findings and subject to the conditions set forth in the attached "Exhibit "A". Planning, Commission Recommendation At its meeting of May 4, 1995, the Planning Commission approved (6 Ayes, 1 No): Resolution No. 1384 recommending to the City Council the approval of General Plan Amendment No. 94-1(F); and Resolution No. 1389, recommending to the City Council the approval of Development Agreement No. 7. The Planning Commission has also recommended the approval of Use Permit No. 3518 and Site Plan Review No. 69 by the same vote. Extended Back ound Pacific View began operations as a cemetery in 1958, in conjunction with the Orange County Planning Commission's approval of Use Permit No. C849 (see handwritten pages 91-93 of the February 23, 1995 Planning Commission Staff Report). Said approval was for the establishment of a 140 acre cemetery on property located in the A-1 General Agricultural District and which was previously owned by the Irvine Company. The above use permit was approved on July 8, 1958 and was subject to the following conditions: Applicants shall form a corporation organized for the purpose of conducting a cemetery business and shall obtain a Certificate of Authority to operate the cemetery from the State Cemetery Board. That the requirements of the Orange County Air Pollution Control District shall be complied with. That the requirements of the Orange County Mosquito Abatement District be complied with. The plans that the City received from the County, when the City assumed jurisdiction of the cemetery, included four plans, some of which showed administrative buildings only and some which showed mausoleum and cremation facilities and chapels which covered a wider area of the 140 acre site (see handwritten pages 94-97 of the February 23, 1995 Planning Commission Staff Report). It appears however, that the only plan that was submitted with the original use permit and subsequently approved by the County Planning Commission and the Board of Supervisors, was the plan shown on handwritten page 96. The other three plans appear to have been submitted to the county after the original approval of Use Permit No. C849. This appears to be the case inasmuch the original use permit application says that "All structures will be substantially as indicated on the attached plan" (singular). In addition, the plan shown on handwritten page 96 is the only plan that has the use permit number stamped on it. It is also noted that the other three plans are dated after the July 8, 1958 approval of the use permit. It TO: City Council - 4 should be further noted that between 1958 and 1973, the actual development of the cemetery under the County's jurisdiction, including mausoleums, administrative buildings and roads, more closely resembles the plan shown on handwritten page 95 which is dated September 13, 1960. Although there is no record -that -this plan was --ever -approved--by-the._ County. Planning _Commission or the Board of Supervisors, it is clear that the County Building and Planning Departments felt that the 1960 plan was in substantial conformance with the approved plan inasmuch as they issued building permits based on this plan up until April 1973. When the City assumed full jurisdiction of the cemetery property on December 26, 1973, it received copies of the County file for Use Permit No. C849. In light of the County's acceptance of the September 13, 1960 plan as accepted plan of development, the City accepted the plan as well. On December 31, 1969, the City of Newport Beach began the phased annexation of the cemetery which initially included the lower 13.32 acres for purposes of providing sewer service to the site. (Annexation No. 69). It is also noted that on April 23, 1971 the Irvine Company entered into an agreement and joint escrow instructions with Pacific View Memorial Park for purposes of conveying back to the Leine Company approximately 95 acres of land which was subsequently developed as part of the Spyglass Hill residential area. The City's approval of the Spyglass Hill development occurred on June 14, 1971. In conjunction with the Irvine Company's repurchase, a restriction was established over a 125 foot wide strip of land on the cemetery site, and which parallels the existing easterly property he of the cemetery, whereby no building or vegetation within the 125 foot strip will be allowed to penetrate above the 430 foot mean sea level contour line. On August 27, 1971 the City annexed the northeasterly 45.771 acres of the cemetery site after prezoning the area for single family detached development (Annexation No. 76). On December 26, 1973 the City annexed the balance of the cemetery site which included 81.45 acres and was a portion of Annexation No. 77. On January 12, 1976, the City approved the Broadmore Seaview development which is located northerly of cemetery site. On October 5, 1976, the City Attorney, Dennis O'Neil, in a letter to Pacific View Memorial Park (see handwritten page 98 of the February 23, 1995 Planning Commission Staff Report), advised them that both the City's General Plan designation and zoning are consistent with and permit the cemetery and its related uses. It is not known what prompted the writing of this letter, inasmuch as there is no record of any proposed development at the time. It wasn't until the Fall of 1978 when Pacific View submitted plans for a 466 crypt addition to their existing mausoleum complex that prompted the September 29, 1978 memorandum from the Assistant City Attorney, Hugh Coffin, to the Assistant Planning Director, James Hewicker (see handwritten pages 99-100 of the February 23, 1995 Planning Commission Staff Report) which indicated that the proposed development of the cemetery does not require further review by the City, provided said development is consistent with the use permit approved by the County of Orange. However, on October 30, 1978, the Spyglass Hill Community Association asked the Planning Commission to take jurisdiction and hold public hearings to determine the conformity of proposed development to existing City criteria. TO: City Council - 5 On November 9, 1978, the Assistant City Attorney, advised the Director of Community Development that the continued development as proposed by the cemetery appears to be in conformance with the plot plans previously approved by the County and that there appears to be little case law which deals with the area of dedication of property for cemetery purposes. On December 5, 1978, the Assistant City Attorney, advised Ron Taylor, President of the Spyglass IEU Community Association, that the Planning Commission had reviewed his request at their study session of November 9, 1978, along with two memoranda from the Assistant City Attorney, and that no action was taken in regard to the future development of the cemetery. In the meantime, on1slovember 274, 1978, a Temporary Restraining Order from the Orange County Superior Court which temporarily prevented Pacific View from constructing any buildings or interning any human remains within 100 feet of the most easterly property line of the cemetery. It is staffs understanding that there was no permanent restriction imposed by the court and the temporary restraining order was eventually removed and construction on the crypts continued and was completed on October 13, 1981. In conjunction with a comprehensive, city wide update of the City's General Plan, which was approved on October 24, 1988, the City amended the Land Use Element as it applied to the cemetery site, and established a development cap of 50,000 square feet. There was no distinction made at the time between support facilities and garden crypts or mausoleum structures, therefore the 50,000 square foot development cap has been interpreted to represent all of the existing structures on the site, including mausoleum structures. As near as staff can determine the 50,000 square foot figure was obtained by scaling the building dimensions from aerial photographs and adding some square footage for future development. Inasmuch as several structures in the park are designed with large 8 foot eave overhangs, the buildings appear larger on photographs than they actually are. Consequently, the estimated square footage's existing as of 1/l/87 have been substantially over estimated. Recent Background On April 2, 1992, the City received a letter from the Benham Group Inc. (see handwritten pages 100E- 100G of the February 23, 1995 Planning Commission Staff Report) which indicated that they were in the process of preparing an overall master plan for Pacific View Memorial Park and that they were requesting certain information as indicated in the letter. On June 1, 1992, the City responded with the letter included on handwritten pages 100A-100B of the February 23, 1995 Planning Commission Staff Report, which addressed each of the questions raised by the Benham Group Inc. In November of 1992, the City staff began meeting with Pacific View Memorial Park concerning Phase I construction of the Sunset Court development. Issues raised at that time included the setback of structures from the easterly property line and the right of Pacific View to proceed with construction based on presold internment rights and Pacific View's reliance on the memoranda prepared by the City Attomey's office dated September 27, 1978 and November 9, 1978. On March 15, 1993, the City received a letter from the attorney for Pacific View which contained arguments as to why Pacific View should be permitted to proceed with the Sunset Court construction (see handwritten pages 101-107 of the February 23, 1995 Planning Commission Staff Report). The points of argument were: that a mausoleum is clearly an accessory building incidental to cemetery use and therefore is permitted wherever a cemetery is pern-itted; that there are several maps and sketches TO: City Council - 6 in the City files which were a part of the County record showing varying configurations of mausoleums in the cemetery; and that the cemetery maintains a legal nonconforming status inasmuch as it was established under the provisions of the previously approved County use permit. On May 6, 1993, the City received -a second letter submitted by the attorney for Pacific View, wherein Pacific View agreed to work with City to fashion a new CUP or an amendment to the existing CUP to govern development of the Park (see handwritten pages 108-109 of the February 23, 1995 Planning Commission Staff Report). The City agreed to process Pacific View's application and approve a building permit for the Phase I Sunset Court addition. On May 12, 1993, the Assistant City Attorney prepared a response to Pacific View's letter of May 6, 1993, stating that City is not estopped from denying the pending building permit application and that Pacific View is put on notice that the City will not approve any further building permits without approval of a new or amended use permit for future buildings and that they agree to apply for the appropriate use permit to govern the development of the park. On July 16, 1993, the City and Pacific View signed a Memorandum of Understanding (see handwritten pages 110-111 of the February 23, 1995 Planning Commission Staff Report), wherein Pacific View agreed to apply for a new or amended use permit to govern future development. The City agreed not to restrict or prohibit Pacific View's right to use property dedicated for cemetery purposes. The City did not agree that it is without legal authority to regulate the construction of mausoleums, administrative buildings or other similar above -ground buildings. In accordance with the Memorandum of Understanding, the City issued building permits on September 22, 1993 for Phase I construction of Sunset Court which included 2,860 square feet of mausoleum structure. It is noted that on September 8, 1993, the Planning Department planchecker, after meeting with the project engineer, imposed a hold on the final inspection of Sunset Court mausoleum in order to insure that the roof surface included planting/fandscaping. Said requirement for roof planting was based on discussions with the project engineer who indicated that it would be possible to plant some shrubs or sod which would help screen the roof of the mausoleum and they would consider it. It is important to understand that such landscaping was not part of the memorandum of understanding nor was it required as a condition of the building permit. It was something that the applicant said that they could do and would consider. On January 12, 1994, Pacific View filed for a use permit for the build -out of Pacific View Memorial Park. The original project description included a 9,500 square foot addition to the existing maintenance and garage area and an unspecified number of square feet in garden crypt and mausoleum structures on several sites within the park. The proposal also includes a request to use a temporary structure for an interim sales office and a request to approve a site plan for the purpose of establishing grade for each of the proposed building sites. It should be noted that the original site plan did not show the specific building footprints for future mausoleums or garden crypts; rather, it identified building site envelopes in which these structures would be generally located. On February 24, 1994 the Planning Commission continued the public hearing for Use Permit No. 3518 to their meeting of March 24, 1994. Said continuance was at the request of Pacific View so they could hold additional meetings with adjoining residents in Spyglass I-Iili. TO: City Council - 7 In conjunction with the ongoing staff level discussions, on March 16, 1994, the City Attorney determined that a General Plan Amendment would be required before the City could proceed with plans submitted by Pacific View. Said determination was based on the fact that the 50,000 square foot development cap had previously included all of the existing mausoleum structures. Therefore, any additional mausoleum construction, in excess of the 50,000 square foot cap, would require an amendment to the Land Use Element of the General Plan. In light of this deternination, on March 24, 1994, the Planning Commission removed Use Permit No. 3518 and Site Plan Review No. 69 from calendar and unanJmous y recommended to the City councile following Genmil Plan Amendment be initiated: "An amendment to the Land Use Element of the General Plan for Pacific View Memorial Paris, establishing a separate development allocation of 30,000 square feet for support facilities including a chapel, funeral home, -administrative offices, sales offices, maintenance facilities, garages and miscellaneous storage. In addition to this allocation, mausoleum structures shall be pernlitted, the location and building envelope of which shall be established on the site plan accompanying the approval of a use permit." At its meeting of March 28, 1994, the City Council initiated General Plan Amendment No. 94-1(F), however, the City Council retained the 50,000 square foot development cap and applied it to administrative, office and support facilities, and mausoleum and garden crypts. Said action also required that a City Council/Citizens Ad Hoc Committee be created. An excerpt of the City Council minutes dated March 28, 1994 is attached as handwritten pages 114-120 of the February 23, 1995 Planning Conunission Staff Report. At its meeting of April 11, 1994, the City Council adopted Resolution No. 94-20 which established the Ad Hoc Committee and appointed members and alternates (see handwritten pages 121-123 of the February 23, 1995 Planning Commission Staff Report). On April 21, 1994, the first meeting of the City Council/Citizens Ad Hoc Committee was held with the following members and staff present: Spyglass Hill Community Association, Broadmoor Sea View Community Association, Spyglass Ridge Community Association, representatives from Pacific View Memorial Park, Councilperson Watt, Councilperson John Cox, Planning Department staff and the Assistant City Attorney. Since its inception, the Ad Hoc Committee has met nine times for the purpose of addressing the concerns of the surrounding homeowners and to facilitate meaningful dialogue between the homeowner's representatives and representatives from Pacific View Memorial Park, with the hope of addressing various concerns in the design of the subject project. For the City Council's information, the minutes of each Ad Hoc Committee meeting are attached as handwritten pages 125- 162 of the February 23, 1995 Planning Commission Staff Report). Prior to the last meeting of the Ad Hoc Committee, held on January 18, 1995, staff distributed a draft copy of the Planning Commission staff report for the Committee's review and comment. At the meeting, written comments were received by Committee Member, Mr. Carl Wolf and a homeowner Mr. Lenard Fish. A copy of each written statement with attachments is attached as handwritten pages 181-281 of the February 23, 1995 Planning Commission Staff Report. To: City Council - 8 The Planning Commission held its first public hearing for the revised project on Febniary 23, 1995. Although the Planning Commission continued the public hearing to its meeting of March 9, 1995 so as to allow further public testimony,._t was the Commission's general consensus that the 30 foot setback proposed by the applicant on the easterly -property -line, adjacent -to Spyglass- Hill;-was-insuffcient and - that a compromise needed to -be reached.- At its meeting of March 9, 1995, the Planning Commission continued the item to its meeting of April 20, 1995 so as to allow the applicant to make further revisions to the project, so as to address specific concerns expressed by the Planning Commission and to allow for the re -noticing of the project based on the proposed revisions. It was also at the March 9, 1995 meeting that the Planning Commission added the requirement for a development agreement. Excerpts of the Planning Commission minutes for the February 23, 1995 and March 9, 1995 Planning Commission meetings .are attached as handwritten pages 8-54 to the April 20, 1995 Planning Commission Staff Report. Project Descri tion B Buildin Site Staff has prepared the following descriptions of the development of each Building Site, as approved by the Planning Commission on May 4, 1995: Building Site "A" Building Site "A" is located along the westerly property line of the site, adjacent to the Big Canyon Reservoir. As indicated on the Technical Site Plan, this building site includes six, two story community mausoleum structures containing a combined square footage of 34,000E square feet. The proposed height of these structures will be approximately 28 feet average roof height measured from the established pad elevations ranging between 314.5 to 329.5. Building Site "B" Building Site "B" includes the existing and proposed support facilities for the cemetery. In addition to the existing facilities, the applicant is proposing to construct a new garage and sales office which will contain approximately 7,200E square feet, and a new maintenance building containing approximately 900± square feet. The applicant is also requesting to continue the use of a 1,032 square foot temporary building within Building Site "B" which is being used for an interim sales facility while the permanent sales building is under construction. The applicant expects that the use of the temporary building would be for 18 to 24 months and would be removed as soon as the permanent sales facility is completed. Staff has no objections to the proposed temporary building. Building Site "C" Building Site "C", which is located adjacent to the cemetery maintenance area, includes a small screening mausoleum which contains 6,240E square feet. Although there are no elevations of this structure, it will be a single level mausoleum, approximately 25 feet to the top of the ridge of a sloping TO: City Council - 9 roof. The structure will incorporate the same architectural style as the other community mausoleums in the cemetery. Building Site "D" Building Site "D" will be used for individual family mausoleums, each of which will be a maximum of 12 feet in depth, 22 feet in width and 15 feet in height. Inasmuch as the Technical Site Plan shows 34 mausoleum structures, staff has estimated that the family mausoleum complex witl not exceea zs,v / bt square feet (34 family mausoleums x 264 sq. ft. each = 8,976 sq. ft.). The applicant is also proposing to install five additional trees along the northeasterly boundary of the building site so as to further screen the view of family mausoleums from the residential areas to the north and east. Building Site "E" Building Site "E", which is located along the southeasterly property line of the site, adjacent to the Spyglass Hill Community Association, includes a 16 foot deep crypt wall which will run parallel to the easterly property line for approximately 300 feet. The new crypt wall will contain 4,800 square feet and will maintain an 84 foot setback from the easterly property line. The setback area is to be graded so as to create a raised berm with an elevation of 430, between the crypt wall and the adjoining residential properties. The proposed setback area will be fully landscaped and irrigated, and will not include any ground interments. The community mausoleum buildings in Building Site "E" have a combined area of 13,160f square feet, whereas the previous plan included 19,600f square feet of mausoleum structures. The combined area of the new crypt wall and the mausoleum buildings will include 17,960f square feet. The mausoleum structures will have an average height of approximately 20f feet and a maximum ridge height of 24 feet - 6 inches, measured from the established pad elevations ranging between 394.5 to 404.5. The mausoleum structures will be single sided and will be tucked into the adjacent slope so as to minimize their visibility from the adjoining residential area. Said structures will maintain a minimum setback of 10 feet from the adjacent property line. It is also noted that the proposed crypt wall will include a sloping roof with an average height of 19f feet and a maximum height of 24 feet - 6± inches measured from an established pad elevation of 399.5 feet. Building Site "F" Building Site "F" is the existing mausoleum complex which contains 19,516f square feet of community mausoleum development arranged around a variety of individual and family garden plots. There is no further mausoleum construction planned for this building site, with the exception of some family mausoleums which may be installed adjacent and contiguous to the existing community mausoleum structures, provided they are located within the westerly projections of the existing structures. Building Site "G" Building Site "G" is located along the easterly property line of the site, adjacent to the Spyglass Hill Community Association and the Broadmoor Sea View Community Association. As indicated on the TO: City Council - 10 Revised Technical Site Plan, this building site includes three mausoleum structures which are separated by two, 16 foot deep crypt walls. The proposed setbacks from the easterly property line will be: 80 feet - 6 inches for the most southerly mausoleum structure and for the most southerly crypt wall; the middle mausoleum structure -will have a setback of -80 feet-= 6 inches, —along -with 30 feet of crypt wail on the its northern flank; the most northerly mausoleum structure will have a setback of 60feet, along with 150 feet of crypt wall which is located to its south. The proposed setback area will be fully landscaped and irrigated, and will not include any ground interments. The applicant has explained that the proposed setbacks from the easterly property line decrease in relationship to the increase in grade separation between proposed mausoleum structures and the adjoining residential properties. The size of the mausoleum structures, from south to north, will be 80 feet by 110 feet (8,800 sq.ft.), 90 feet by 110 feet (9,900 sq.ft.) and 66 feet by 104 feet (6,864 sq.ft.). The combined area of mausoleum structures and crypt walls will be 31,964± square feet. The mausoleum structures will have a sloping roof with an average height of 20± feet and a maximum ridge height of 24 - 6± inches, measured from the finished pad elevations ranging from 395.5 to 404.5 . The proposed crypt wall will include a sloping roof with an average height of 20± feet and a maximum height of 24 feet - 6± inches measured from established pad elevations of 395.5 feet and 403.5 feet. Building Site "H' Building Site "H" is located easterly and directly adjacent to the intersection of Vista del Mar Drive and Palm Canyon Drive. It will be a one sided mausoleum structure containing 12,000 square feet. Said structure will have a sloping roof with an average height of 20± feet and a maximum ridge height of 24 feet - 6 inches± measured from an established pad elevation of 359.5 feet. Most Significant Issues of the Project During the course of the Planning Commission hearings, there were many issues of concern which were addressed by the Commission. However, the most significant concerns seemed to focus primarily on the issues of setback from the easterly property line, landscaping and screening of mausoleum structures, the use and location of family mausoleums and the phasing of construction. Each of these items are discussed in the following sections. Setback at Easterly PropeqyLine As indicated previously, the original project design included only a 30 foot building setback from the easterly property line. However, in subsequent revisions to the project, said setback has been increased to 84 feet in Building Site "E", 80 feet in the southerly portion of Building Site "G" and 60 feet in the northerly portion. These setbacks, along with the existing setback in Building Site "F" are to be part of a landscape buffer which will run the entire length of the easterly property line and will prohibit any structures, public access, roads, walkways, walls (other than retaining walls and existing underground utilities), or ground interments. The attached development agreement also provides that Pacific View shall record a covenant and agreement which establishes and maintains the Landscape Buffer Area in perpetuity. TO: City Council - 11 Proposed Landscaping Inasmuch as the visibility of community mausoleums from adjoining residential properties is a major concern of the homeowners, the applicant is proposing to landscape and grade the Buffer Area in a way so as to maximize the screening of the mausoleum structures. The attached landscape plans, which have been approved by a majority of the homeowners, indicates the size, type and location of all proposed plant material within and around Building Sites "E", "F", "G" and " and all of the Landscape Bunr Area. It should also be noted that the landscape plan, as required in the Development Agreement, includes increased landscaping adjacent to the existing Sunset Court Mausoleum, which includes the planting of 30, fifteen gallon shrubs in the slope area adjacent to the mausoleum, and the planting of 10, thirty-six inch box size trees in the turf courtyard, adjacent to the Sunset Court mausoleum. Said landscaping is intended to further screen the visibility of the mausoleum roof and its northerly facade, which is highly visible from the homes above. The Development agreement also includes special landscaping provisions in the vicinity of Building Site "H" which requires the planting of 26, fifteen gallon trees in Area 8 of the Site Plan a minimum of four years prior to the construction of the mausoleum in Building Site "H". The Development Agreement also allows construction to commence sooner than four years provided that the size of the trees increases proportionately, as follows: 36 inch box trees if construction begins in less than three years; 48 inch box trees if construction begins in less than two years; and 60 inch box trees if construction begins in less than one year. Additional landscaping is also proposed, both on -site and off -site, at the rear of the community mausoleum in Building Site "E". The off -site landscaping will include 40, fifteen gallon shrubs/trees which will be planted within the common area owned by the Spyglass Hill Community Association. Under the terms of the Development Agreement, Pacific View agrees to reimburse the Association for the reasonable cost of purchasing and planting such landscaping, Additional on -site landscaping will also be planted by Pacific View in areas at the rear and sides of the community mausoleums. Said landscaping includes: 29, five gallon shrubs; 4, thirty-six inch box trees, and 5, twenty-four inch box trees. Phasing of Mausoleum Construction and Landscap ng Inasmuch as the build out of the Memorial Park will occur over an extended period of time, the phasing of construction as well as the installation of landscaping in relationship with such construction has been an issue of concern on the part of the Planning Commission and the adjoining homeowners. As a result, the applicant has included in the Development Agreement (Section 4.5 and 4.6) a detailed description of the proposed construction phasing of the project. The first phase of construction will include the completion of Sunset Court within Building Site "G" and may include, at Pacific View's discretion, one or more additional community mausoleum in Building Site "G". Construction of the first phase may commence immediately upon the effective date of the Development Agreement, provided all permit approvals have been obtained. TO: City Council - 12 Construction of Phase 1 must be completed within nine months and there shall be a minimum of thirty months between the completion of Phase 1 and any subsequent construction phases. In addition, gradingfor the Buffer Area and Building Sites "E" and "G" is required to be completed within -six rrionth of -the commencement -of Phase- 1-construction. During--that--same six month: period, Pacific View shall also complete the installation of landscaping and irrigation in the entire Buffer Area. It is also noted that within six months of the effective date of the Development Agreement, the required landscaping previously mentioned around Building Site "H" is required to be installed and the Spyglass Hill Community Association is required to submit bids to Pacific View for the installation of the off -site landscaping adjacent to Building Site "E". As indicated previously, the time of construction for Building Site "H" shall be governed by the size of the trees to be planted in Area 8, shown on the approved Site Plan. The above discussion of construction phasing and landscaping installation is based on the project as approved by the Planning Commission; however, there are continuing discussion between some of the homeowners, the applicant and the City Attorney, with regard to additional phasing provisions within the Development Agreement. The City Attorney will provide further information regarding construction phasing prior to the public nearing. Family Mausoleums One of the most controversial elements of the subject project has been the proposed use of Family Mausoleum. As approved by the Planning Commission, the term "Family Mausoleum" means a an above ground crypt or building containing one or more crypts which are owned and privately used by any individual or family. Based on the Planning Commission's approval, a family mausoleum could be as small as a single crypt structure which is only 36 inches high, and as large as a 15 foot high building which is 12 feet in depth, 22 feet in width and contains multiple crypts. The Planning Commission stipulated that Family Mausoleums would be permitted in Building Site "D". They also permitted Family Mausoleum in Building Site "E", provided they are contiguous and adjacent to a community mausoleum and are not visible from the ground floor views of the existing residences along the easterly property line. In the same regard, Family Mausoleum are also permitted in Building Sites "F" and "G", provided they are contiguous and adjacent to a community mausoleum and are located within the westerly projections of the building envelopes depicted on the approved site plan. Family Mausoleums are prohibited in any other portion of the cemetery property. Although the adjoining homeowners have consistently objected to the use of Family Mausoleums, some of the homeowners were willing to aIIow them as a compromise, provided they were prohibited in Building Site "A" and that they are not visible from adjoining residential properties. It was the Planning Commission's opinion, that the above described requirements for the use of Family Mausoleum will achieve such an intent. TO: City Council - 13 Columbaria Subsequent to the Planning Commission's approval of the project on May 4, 1995, the applicant constructed a new memorial which is identified on the attached site plan as the "The Garden of Valor"; consisting of six memorial plaques (columbaria) which can be used to intern cremated remains. The dimensions of each columbaria is approximately 6 feet high, 10 feet wide and 1 foot-10 inches in depth. It should be noted that the installation of these columbaria were done without benefit of building permits as required. The specifics of the installation were not previously discussed with staff nor were they shown on the approved site plan approved by the Planning Commission on May 4, .1995. In discussing this with the applicant, he indicated that Pacific View had been planning the installation of the Garden of Valor for some time and that they were under the impression that under State law, the installation was not subject to a building permit. However, after further discussion, Pacific View has agreed with staff and an application for a building pern it,was filed on June 5, 1995. The installation of the columbaria has raised an issue regarding the necessity of including specific language within the Development Agreement which would clarify the types of above ground structures that would be permitted within the cemetery, but are not specifically identified on the approved site plan; i.e., garden walls 3 feet in height or less, marble benches and tables, pillow blocks and other types of above ground grave markers. Without specific language in the Development Agreement, the Planning Department would not attempt to control the location of any structure that did not require a building permit. Inasmuch as the Building Department does not require a building permit for any structure that is 3 feet in height or less, Pacific View would have no restriction on the installation of these types of improvements or amenities. The significance of this issue lies in the homeowner's concern that all or part of the memorial park may end up looking like an "East Coast" cemetery, which is characterized by rows of above ground grave markers and large above ground crypts. Although Pacific View has indicated that their intention is to maintain the open, park -like atmosphere of the cemetery, they have been opposed to any attempt to regulate the installation of above ground grave markers or the locations of the family garden plots with their 3 foot high slumpstone walls. In light of this issue, the City Attorney is discussing some clarifying language with the applicant and the homeowners, which the City Council may wish to add to the Development Agreement. Prior to the public hearing, the City Attorney will be providing additional information to the City Council regarding this matter. Draft Development Agreement Attached for the City Council's information is a copy of the Development Agreement as presented and approved by the Planning Commission on May 4, 1995 (see handwritten pages 12-41 of the May 4, 1995 Planning Commission Staff Report). Inasmuch as the Planning Commission actions concerning the project were taken in a series of straw votes, the City Attorney has been in the process of revising the language of the Development Agreement so as to be consistent with the Planning Commission's actions. As indicated previously the City Attorney is also reviewing additional language to the development agreement relative to phasing and the use of columbaria TO: City Council - 14 or other similar above ground structures. The City Attorney will be providing a strike- out/underline draft of the Development Agreement, along with an explanation of the various revisions. PLANNING DEPARTMENT - JAMES D. HEWICKER, Director By W. William Ward Senior Planner Attachments: Exhibit "A" Resolution No. approving General Plan Amendment No. 94-1(F) and the acceptance of the environmental document. Ordinance No. pertaining to Development Agreement No. 7 *Planning Commission Staff Report dated February 23, 1995, with attachments *Supplemental Report to Planning Commission Staff Report dated February 23, 1995 *Addendum to Planning Commission Staff Report dated February 23, 1995 *Memorandum from City Attorney to the Planning Commission dated February 23, 1995 *Planning Commission Staff Report dated March 9, 1995, with attachments *Planning Commission Staff Report dated April 20, 1995, with attachments (including excerpts of Planning Commission minutes dated February 23, 1995 and March 9, 1995) *Excerpt of the Planning Commission minutes dated April 20, 1995 *Planning Commission Staff Report dated May 4, 1995 with attachments (including *Draft Development Agreement as presented to the Planning Commission on May 4, 1995 "Excerpt of the Planning Commission minutes dated May 4, 1995 * *Miscellaneous Photographs of Pacific View and Photographs of an East Coast style cemetery "Photographs of the "Garden of Valor" under construction **Technical Site Plan, Preliminary Landscape Plans, Garden of Valor Layout Plan, and Sections * Indicates distribution to City Council only. ** Indicates distribution to City Council and Ad Hoc Committee only. TO: City Council - 15 EXIMIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 94-1(F), DEVELOPMENT AGREEMENT NO.7; USE PERMIT NO. 3518, SITE PLAN REVIEW NO. 69 AND RELATED ENVIRONMENTAL DOCUMENT A Environmental Document Findings: That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR Mitigation Measures: Buffer Zone a. A landscaped buffer zone (the `Buffer Area") shall be provided as depicted on Exhibit C of the Development Agreement along the easterly property line adjacent to residential properties. No structures, public access, , walls (other than retaining walls and existing underground utilities), or ground interments shall be permitted within this zone. b. The Buffer area shall be landscaped and provided with a permanent irrigation system. Said landscaping shall be installed in accordance with a plan designed by a licensed landscaped architect and approved by the Planning Director of the City of Newport Beach as provided in Mitigation Measure No. 5. Said landscaping shall be maintained by Pacific View at or below 430 feet elevation mean sea level in the "Height Limitation Area' designated on Exhibit C of the Development Agreement so as to preserve night light, water and mountain views from existing residences. TO: City Council - 16 2. Height Lirnit All structures shall -comply with the 28/32-foot height limitation as provided in the Zoning Code. b addition, no structure or landscaping shall exceed 430 feet elevation mean sea level in the "Height Limitation Area' designated on Exhibit C of the Development Agreement. 3. Temporary Screening All construction sites shall be screened from view from adjacent residential areas for the duration of construction activities to the extent reasonably feasible. Prior to issuance of any grading or building permit the Planning Department shall verify that appropriate screening requirements have been provided on the construction plans. 4. Mausoleum Desi All roofs, eves and facial of new garden crypts and community mausolea shall be constructed of material, color, texture, thickness and pitch to complement the architectural style of the original structures within the park (e.g., Lagunita Court). Blank walls in Building Sites E, G, and H shall be bermed, covered and/or screened with plant material so as to soften the appearance from adjoining residential areas. Eaves and tree canopies shall also be used to soften the appearance of mausolea from residential areas. 5. Landscaping and Maintenance a. Landscape design: A landscaping and permanent irrigation plan shall be prepared by a licensed landscape architect and approved to the Planning Director's satisfaction for following areas: 1. The -buffer area; and 2. The area adjacent to the easterly, northerly and southerly sides of the community mausolea in Building Site H, which shall be comprised of a band of screening shrubs. The landscaping plan shall be designed so as to screen structures in Building Sites E, D, F, G and H from ground floor views of existing residences along the eastern property he to the extent reasonably feasible and consistent with the 430 foot mean sea level elevation limitation in the "Height -Limitation Area" designated on Exhibit C of the Development Agreement. b. Landscape maintenance: .All trees, both existing and new, shall be trimmed and maintained below 430 feet elevation mean sea level in the Height Limitation Area designated on Exhibit C of the Development Agreement so as to preserve, to the greatest extent practical, water, might light and mountain views from adjoining residential areas. This condition shall not require the removal of any tree, or the trimming of any tree in a manner which would eventually cause its death or removal. TO; City Council - 17 That all the landscaping between the terrace bench and the toe of slope, adjacent to the homes on Monterey Circle, shall continue to be maintained and irrigated. The undeveloped areas of the Memorial Park shall be maintained free and clear of debris. Grass and weeds shall be mowed regularly consistent with City standards for undeveloped areas. C. Reclaimed wa to the City's reclaimed water system as soon as it is practical (i.e., when a reclaimed water connection is available at the property line) and economically feasible. 6. Light and Glare Prior to the issuance of any building permit the applicant shall demonstrate to the Planning Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses to the extent reasonably feasible. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer (if such plans include lighting), with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. 7. Archaeological and Paleontological Resources Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K-5 and K-6 regarding archaeological and paleontological resource investigation, surveillance and recovery. Drillingand Engraving All drilling and engraving shall be done in enclosed areas or at a sufficient distance so as to cause no discernible increase in ambient noise levels at any residential property line. B. General Plan Amendment No. 94-1 Adopt Resolution No. approving General Plan Amendment No. 94-1(F); C. Development Agreement No. 7 Introduce Ordinance No. relating to Development Agreement No. 7 and pass to second reading on June 26, 1995 Condition: Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Council a TO: City Council - 18 report demonstrating compliance with the terms of the Agreement, as required by Section 15.45.070 of the Newport Beach Municipal Code. D. Use Permit No: -3518 -- Findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan as amended, and is compatible with surrounding land uses as conditioned. 2. That adequate parking is available on -site to accommodate the proposed facility. 3. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 4. That public improvements may be required of a developer per Section 20.82.060 of the Municipal Code. 5. That the approval of Use Permit No. 3518 as it pertains to the build -out of the cemetery and the interim use of a temporary structure, will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Conditions: That development shall be in substantial conformance with the approved site plan, elevations, sections, and conceptual landscape plans approved by the Planning Commission and/or the City Council, subject to the following terms and conditions: I. The approved technical site plan depicts the number, approximate size, configuration and location of future Community Mausolea to be constructed within the Property. As used herein, "Community Mausoleum" shall mean any mausoleum building or crypt wall structure containing interment spaces capable of accommodating casketed remains, and/or which are available to the public at large. Future Community Mausolea shall be permitted only in Building Sites A, C, E, G & H. 2. The approved technical site plan also depicts Building Sites within which Family Mausolea may be developed. "Family Mausolea" as used herein shall mean a mausoleum building containing one or more crypts which are owned and privately used by any individual or family. The ability to construct private mausolea within the park shall be limited to the following. TO: City Council - 19 a. Family Mausolea shall not exceed 12 feet in depth, 22 feet in width and 15 feet in height; provided, however, in Building Site G, Family Mausolea shall not exceed 14 feet in height. b. Family Mausolea shall be permitted in Building Site D as depicted on the approved technical site plan. C. Family Mausolea shall e permitted provided contiguous and adjacent to a Community Mausoleum, are not visible from the first floor of any residential property and are constructed within the approved envelope for Building Site E. d. Family Mausolea shall be permitted in Building Sites F and G provided they are contiguous and adjacent to a Community Mausoleum and located within the westerly projections of the building envelopes depicted on the approved technical site plan. 3. The approved technical site plan iinuts development to a maximum of 30,000 square feet of administrative offices and support facilities, 121,680 square feet of Community Mausolea and garden crypt walls, and 12,000 square feet of Family Mausolea. As described in Section 4.1 of the Development Agreement, overhangs, eaves, walkways and similar architectural features and improvements shall not be counted toward such square footage limitations. Eaves may extend beyond the approved building envelopes a maximum of eight feet. Eaves on west facing gable ends of roofs shall not exceed the depth of three feet. 4. No roads or driveways shall be located so as to be closer to adjoining residential areas than depicted on the approved technical site plan. The existing road extension of Pacific View Drive adjacent to the northerly side of Area 12 shall be removed prior to the commencement of construction in Building Site E. 5. Except as provided in Section 4.8 of the Development Agreement, the operation of all construction and maintenance equipment shall be in conformance with the provisions of Section 10,28.040 of the Newport Beach Municipal Code. 6. All improvements shall be constructed in accordance with all applicable city ordinances relating to grading and building code requirements, including any such requirements of the Public Works Department. 7. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department for the on -site improvements prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain system shown to be required by the study shall be the responsibility of the developer. Drainage facilities must be approved by the Public Works Department and must be designed so as to not cause flooding of or drainage of water onto any City property comprising the Big Canyon Reservoir Site. TO: City Council - 20 8. That the temporary building (currently used as a sales office) shall be allowed for a period of two (2) years - of -the -Effective .Date,_unless..otherwise extended by the Modifications - -- - -- -- 9. At such time as the applicant's use of the temporary building ceases, the building shall be removed from the site and the property shall be restored to its prior condition. 10. Prior to the issuance of building permits for any Community Mausoleum or Family Mausoleum, the location of such structures shall be reviewed with the Planning Director or his/her designee, to ensure compliance with the approved plans. 11. Given the extended period of years over which the park will be developed, it is understood that minor adjustments in the location or configuration of these mausolea may occur, and that other minor adjustments (e.g. to accommodate slope engineering or the engineering of building pads) may be necessary to address site considerations. Notwithstanding any other provision of this use permit or the Development Agreement, such minor adjustments shall be permitted with the approval of the Planning Director provided that they are substantially consistent with the envelopes shown on the approved site plan, and that the building heights indicated on the plan are strictly adhered to. 12. Except as provided in Condition No. 13, landscaping in accordance with the landscaping and permanent irrigation plan described in Mitigation Measure No. 5 shall be installed no later than as part of the individual Community Mausolea projects described in said condition. 13. All required landscaping and related irrigation shall be initiated in accordance with Mitigation Measure No. 5 prior to issuance of building permits for the remaining construction of Sunset Court. 14. Grading for Building Sites E & G shall be completed within six (6) months of the commencement of construction of any Community Mausoleum in Building Site G. Within such six month period, Pacific View shall also complete the installation of landscaping and irrigation in the Buffer Area in accordance with the landscaping and irrigation plan described in Mitigation Measure No. 5; provided, however, that Pacific View shall be permitted to subsequently encroach into the Buffer Area, and to remove and/or disturb Buffer Area landscaping and irrigation to the extent the same is reasonably necessary for subsequent construction within Building Sites E & G and disturbance is minimized, and Pacific View reestablishes such landscaping and irrigation as soon as practicable after such construction activities are completed. 15. Within six (6) months of the Effective Date of this use permit, Pacific View shall plant twenty-six (26) fifteen -gallon trees within Area 8 designated on the approved technical site plan or at least four (4) years prior to the construction of any Community Mausolea in TO: City Council - 21 Building Site H; provided, however, that Pacific View may elect to plant such trees closer to the time of construction in Building Site H by increasing their box -size as follows: Less than 3 years = 36" box Less than 2 years = 48" box Less than 1 year = 60" box 16. Within se permit, Pacific Vie shall also plant. five (5) fifteen -gallon trees along the northeasterly boundary of Building Site D. 17. Remaining implementation of the approved landscape and irrigation plan shall occur in conjunction with individual construction phases or as otherwise required by this use permit. 18. That there shall be a minimum of thirty months between the completion and initiation of another phase of mausoleum and crypt wall construction in Building Sites E, G and H. 19. That the Planning Conunission may add to or modify conditions of approval to this use permit, or recommended to the City Council the addition or modifications of conditions to this permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. E. Site Plan Review No, 69 Findings: That the building pad elevations proposed by the applicant generally conforms to the existing and varied topography of the site, to the extent that the applicant has attempted to take advantage of the topography to minimize the visibility of mausoleum structures that are in close proximity to residential areas. 2. That the building pad elevations proposed by the applicant have taken into the consideration the preservation of existing views from adjoining residential properties. 3. That the establishment of the building pad elevations as proposed by the applicant are consistent with the intent of Chapter 20.02 in that; the subject property includes very irregular topography which necessitates some grading on the site; and that the proposed building pads and related grading represent only 5 percent of the total site. Condition: That the proposed development shall be constructed in substantial accordance with the pad elevations set forth on the approved site plan. Resolution No. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, INCREASING THE DEVELOPMENT ENTITLEMENT FOR THE PACIFIC VIEW 1\IEMORIAL PARK SO AS TO ALLOW A MAXIMUM OF 30,000 SQUARE FEET OF ADMINISTRATIVE OFFICES AND SUPPORT FACILITIES, 121,680 SQUARE FEET OF COMN UN TY MAUSOLEUM AND GARDEN CRYPTS AND 12,000 SQUARE FIST OF FANtTT _Y MAi ISOLEUMS [GENERAL PLAN AMENDMENT 94-1(F)] WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and 1N`HEREAS, said element of the General Plan designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and floor area ratio ordinance; and WHEREAS, the Land Use and Circulation Elements are correlated as required by California planning law; and WHEREAS, the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and WHERE AS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider this amendment to the Land Use Element of the Newport Beach General Plan; and project; and WHEREAS, the proposed project is compatible with the surrounding land uses; and WHEREAS, the circulation system will not be significantly impacted by the proposed WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial RE Study concluded that the project would not have a significant effect on the environment; therefore, a Negative Declaration has been prepared; and WHEREAS, the City Council has held a duly noticed public hearing on this -- —amendment to -the -Land -Use Element of -the Newport -Beach General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Amendment No. 94-1(F) to the Land Use Element of the General Plan is hereby approved so as to change the Area Land Use Proposal for Pacific View Memorial Park (Statistical Area M3-7) to read as follows: Pacific View Memorial Park The site is located at the easterly terminus of Pacific View Drive and is designated for Governmental, Educational and Institutional Facilities, to allow the continuation of the existing cemetery, mausoleum and support uses. Cemetery and mausoleum uses do not generate traffic consistent or predictable traffic volumes but the bulk and visual impact of the structures on the site should be controlled to protect views and area aesthetics. The administrative offices and support facilities do generate traffic consistent with other land uses and floor area controls are appropriate. The site is allowed a maximum of 30,000 square feet of administrative offices and support facilities, 121,680 square feet of community mausoleum and garden crypts and 12,000 square feet of family mausoleums. Mausoleums and other structures housing crypts shall be constructed in accordance with plans approved in conjunction with a use permit and site plan review application. ADOPTED this _ day of F 1995. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Mayor ATTEST: City Clerk em..,•­Argp-94-1-ar ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE PIERCE BROTHERS CORPORATION DOING BUSINESS AS PACIFIC VIEW MEMORIAL PARK WITH RESPECT TO THE PACIFIC VIEW MEMORIAL PARK MASTER PLAN (DEVELOPMENT AGREEMENT NO. 7) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements; and e. The amendment to Development Agreement No. 7 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider Development Agreement No. 7; and g. The City Council finds that Development Agreement No. 7 is in compliance v%ith the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that said Development Agreement No. 7 is in conformance with the Newport Beach General Plan. SECTION 2. Development Agreement No. 7 (Ordinance No. _� is hereby adopted -and -r-nade-a-part-her-cofby..this ,-reference,----.. — - SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1995, and was adopted on the _ day of , 1995, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL. MEMBERS ABSENT COUNCIL. MEMBERS MAYOR ATTEST CITY CLERK bill-vMa5da7.nrd C�1�