The URL can be used to link to this page

Home My WebLink About2007-15 - Approving Development Agreement No. 2006-001, An Amendment to Development Agreement No. 7, To Allow The Development of Six (6) Family Mausolea and Estate Gardens Within Building Site “H”, Area 8 of the Pacific View Memorial Park Located at 3500ORDINANCE NO. 2007-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING DEVELOPMENT AGREEMENT NO. 2006 -001, AN AMENDMENT TO DEVELOPMENT AGREEMENT NO 7, TO ALLOW THE DEVELOPMENT OF SIX (6) FAMILY MAUSOLEA AND ESTATE GARDENS WITHIN BUILDING SITE "H ", AREA 8 OF THE PACIFIC VIEW MEMORIAL PARK LOCATED AT 3500 PACIFIC VIEW DRIVE (PA 2006 -282) WHEREAS, an application was filed by Pacific View Memorial Park with respect to property located at 3500 Pacific View Drive, and legally described as Portions of Blocks 96 & 97 of Irvine's Subdivision as shown in Book 1, Page 88 of Miscellaneous Maps, requesting approval of amendments to Use Permit No. 3518 by Use Permit No. 2006 -040 and to Development Agreement No. 7 by Development Agreement No. 2006 -001 (the "First Amendment ") to allow Pacific View Memorial Park to develop six (6) family mausolea comprised of 2,024 square -feet and ground burial estate gardens within Building Site "H ", Area 8 (the "Project ") in lieu of a 7,200 square foot community mausoleum; and WHEREAS, on July 10, 1995, the City Council adopted a Negative Declaration, approved Use Permit No. 3518, General Plan Amendment No. 94 -1(F), Site Plan Review No. 69 and Development Agreement No. 7 to establish maximum permitted development allocation for Pack View Memorial Park of 30,000 square -feet of administrative offices and support facilities, 121,680 square -feet of community mausolea and 12,000 square -feet of family mausolea, and granted Pacific View Memorial Park statutory vested rights to develop the subject property in accordance with the terms and conditions for the ultimate build -out of the entire cemetery property; and WHEREAS, on August 9, 2007, the Planning Commission, with a vote of 5 ayes (one absent and one abstain), recommended approval of Development Agreement No. 2006 -001 and Use Permit No. 2006 -040 and adoption of Negative Declaration No. 2007 -001 to the City Council; and WHEREAS, a public hearing was held by the Newport Beach City Council on September 11, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the Project requires the approval of an amendment to Development Agreement No. 7 pursuant to the provisions of Section 15.45.060 of the Municipal Code (Development Agreements: Amend ment/Cancellation). This section states a development agreement may be amended in whole or in part, by mutual consent of the parties to the agreement or their successors in interest and shall be subject to the provisions of Section 65864 et seq. of the California Government Code; and WHEREAS, the Project is consistent with the Land Use Element of the General Plan, which designates the property as Private Institutional (PI). The existing Pacific View Memorial Park is a privately -owned cemetery with no changes proposed to the land use designation. The Project is site specific and only applicable to Building Site "H ", Area 8 and does not include the introduction of new uses that are inconsistent with the land use designation of the General Plan nor does it change the diversity of uses. The Project would result in a decrease of the Pacific View's overall community mausoleum development limit of 7,200 square foot community mausoleum. There would be no increase to the family mausoleum allotment as the applicant is proposing to extract the square footage from the approved family mausoleum development limit of 12,000 square feet. The proposed estate gardens are ground burials with no development limitation and therefore would not affect the approved development limits; and WHEREAS, the subject property is located within the Governmental, Educational and Institutional Facilities (GEIF) District. The existing Pacific View Memorial Park is a permitted use in this district; and WHEREAS, an Initial Study and Negative Declaration (ND) for the Project have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft ND was circulated for public comment between April 6 and April 26, 2007; and WHEREAS, on the basis of the entire environmental review record, the proposed Project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. No significant impacts are identified based upon a comparison of the proposed Project with the established thresholds of signifcant. Additionally, there are no long -term environmental goals that would be compromised by the Project, nor cumulative impacts anticipated in connection with the Project. As result, no new mitigation measures are identified. Those mitigation measures from the 1995 adopted Initial Study /Negative Declaration which are applicable to this Project are referenced in the ND as part of the environmental analysis; and WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorney's fees, and damages which may be awarded to a successful challenger; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The First Amendment to Development Agreement No. 7 shall be adopted as provided in Exhibit "A ". SECTION 2: The Mayor shall sign, and the City Clerk shall attest to, the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become 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 September 11, 2007, and adopted on September 25 2007, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky NOES, COUNCIL MEMBERS None ABSENT, COUNCIL MEMBERS None MAYOR First Amendment to Development Agreement No. 7 (To be attached upon adoption) STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2007 -15 as duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of September 2007, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of September 2007. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2007 -15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: September 29, 2007. In witness whereof, I have hereunto subscribed my name this n day f 2007. L/ Ytl ✓f i ' lY ? City Clerk City of Newport Beach, California