HomeMy WebLinkAbout02 - Annual Reviewof Pacific View Memorial Park Development Agreement - PA2009-024COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 24, 2014
Agenda Item No. 2
SUBJECT: Annual Review of Pacific View Memorial Park Development Agreement
(PA2009 -024)
3500 Pacific View Drive
APPLICANT: Pacific View Memorial Park
PLANNER: Rosalinh Ung, Associate Planner
(949) 644 -3208, rung @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PI (Private Institutions)
• General Plan: PI (Private Institutions)
PROJECT SUMMARY
An annual review of Development Agreement No. 7 for Pacific View Memorial Park,
pursuant to Section 15.45.080 of the Newport Beach Municipal Code and Section
65865.1 of the California Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find the annual review is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory
Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3;
3) Find that the applicant has demonstrated good faith compliance with the terms of
Development Agreement No. 7; and
4) Receive and file the Annual Report of the Development Agreement for Pacific View
Memorial Park (Attachment No. ZA 2).
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Annual Review of Development Agreement No. 7 (PA2009 -024)
Zoning Administrator April 24, 2014
Page 2
Section 15.45.080 of the Municipal Code requires the City to periodically review
development agreements to determine if the applicant has complied with 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.
Background
On July 10, 1995, the City Council adopted Ordinance No. 95 -26 approving
Development Agreement No. 7 between the City and Pacific View Memorial Park
establishing the maximum allowed development allocation for Pacific View Memorial
Park and comprehensive provisions, setting forth the timing for development phasing,
construction scheduling, the height and design of structures, landscaping, and the
maintenance of a buffer landscape area in perpetuity between Pacific View Memorial
Park and nearby residents.
On September 25, 2007, the City Council approved an amendment to Development
Agreement No. 7 (DA2006 -001) to allow Pacific View Memorial Park to modify the
development allocations within specific building sites. The term of the Development
Agreement was extended for 18 years from the effective date of the amendment (2025)
plus a 7 -year automatic extension (to 2032) should Pacific View Memorial Park not
complete all of the development authorized by the Development Agreement by the end
of the 18 -year term. The Development Agreement and first Amendment are available
online at: http:// www. newportbeachca .gov /developmentagreements.
At the last annual review on April 9, 2013, the City Council found Pacific View Memorial
Park to be in good faith compliance with the Development Agreement.
On June 11, 2013, the City Council adopted Ordinance No. 2013 -10, delegating annual
reviews to the Zoning Administrator.
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 Memorial Park must
comply with the terms and conditions specified in the Development Agreement.
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Annual Review of Development Agreement No. 7 (PA2009 -024)
Zoning Administrator April 24, 2014
Page 3
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.
Annual Review
A new 3,591- square -foot community mausoleum located in Building Site "G" was
approved in 2013, and the construction began in early 2014. No other improvement or
construction was made during 2013. The improvements made to date and the
remaining entitlements are listed below in Table 1.
Table 1: Entitlement
Structures
Total
Built to date
Remaining
allowed
(sf)
(sf)
sf
Administration
30,000
20,229
9,771
Community Mausoleum
114,480
35,799
78,681 (82,272-
(32,208 +3,591)
3,591)
Family Mausoleum
12,000
1,923
10,077
Staff received no complaints during the previous year related to the operation of the
Pacific View Memorial Park. After reviewing the attached annual report and applicable
documents, staff believes that Pacific View Memorial Park has remained in good faith
with the terms and conditions of the Development Agreement.
ENVIRONMENTAL REVIEW
This annual review is exempt from the California Environmental Quality Act ( "CEQA ")
pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential to have a significant effect on the environment. This section exempts
actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate,
or other entitlement for use issued, adopted, or prescribed by the regulatory agency or
enforcement of a law, general rule, standard, or objective, administered or adopted by
the regulatory agency.
PUBLIC NOTICE
Notice of this review was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
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Annual Review of Development Agreement No. 7 (PA2009 -024)
Zoning Administrator April 24, 2014
Page 4
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 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:
(Oa4rf-�
o alinh Ung
As ociate Planner
Jc/M
Attachments: ZA 1 Vicinity Map
ZA 2 Pacific View Memorial Park Development Agreement Annual
Report
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-4
Attachment No. ZA 1
Vicinity Map
5
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w
Annual Review Pacific View Memorial Park
Development Agreement (PA2009 -024)
3500 Pacific View Drive
7
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2
Attachment No. ZA 2
Pacific View Memorial Park
Development Agreement
Annual Report
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INTENTIONALLY BLANK PAGE
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CLARKGREEN
Landscape Architecture
MEMO
DATE: March 27, 2014
TO: Rosalinh Ung
City of Newport Bea
FROM: Michael Green �1\
RE: Pacific View Memorial Park Development Agreement Status Report
We have the following response to the status update request by the city. One major project was undertaken in
2013. This is the community mausoleum project in Building Site `G'. The work in 2013 consisted of the
construction of a large retaining wall and the actual building constriction being in early 2014. The building will
be completed by late summer.
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. l .10 Drilling and En rg avine
To our knowledge no complaints have been received by Pacific View on the drilling and
engraving of crypt markers due to Pacific View's compliance with the Development
Agreement.
3.2 Use Permit No. 3518 — Conditions of Approval
3.2.1 Family Mausolea
No family mausolea have been constructed since 2011.
3.2.2 Administrative Offices
No administrative office construction has been undertaken since 2011.
Lic. # CA 2311, 4233; AZ 19864
150 Paularino Avenue, Suite 160, Costa Mesa, California 92626
(714) 434 -9803 • FAX (714) 434 -9109 22
March 27, 2014
Ms. Rosalinh Ung
Page 2
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.£. 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. 10,077 s.f. 1,923 s.f.
4.0 Public Benefit Conditions
4.4 All required landscaping and screening of Sunset Court was completed in 1995 and has
continued to be maintained.
4.5 Minimum of 30 months between phases and 9 months maximum to complete community
mausolea projects.
One community mausolea was constructed in 2008 and the C of O obtained in December 2008.
Thirty months have passed since the completion (C of O) of this mausoleum. A new
community mausoleum building permit will be submitted for plan check this year
4.6 Twenty -six (26) 15- gallon trees were required to be planted in Area 8 per the Development
Agreement. This was completed in 1996 when thirty -one (31) trees were planted. As of
January 1, 2007 twenty -six (26) trees have survived. This meets the required number of trees.
Buffer Zone Grading and Landscaping
a. All buffer zone grading, landscape and irrigation was completed in 1996.
4.7 Offsite Landscaping
a. All off site landscaping requirements were completed in 1996.
4.9 430 Foot Covenant
Pacific View has continued to maintain this area. Existing plant material placed by
homeowners in past years is pruned upon request of the affected homeowners as a courtesy
since they planted these shrubs.
4.10 Ground Burial
a. Building Site `E' — Building Site `E' remains undeveloped. There are no plans for
development in 2014 at this time.
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March 27, 2014
Ms. Rosalinh Ung
Page 3
b. Other Building Sites — Pacific View is in full compliance with the provisions of this
section. Building site `G' has an expansion to the existing community mausoleums of
3,591 s.f. currently in construction. The permit was issued on January 17, 2014.
C. Ground Burial Outside of Building Sites
7) Developed Areas I 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 I I was developed in 2006. Area 8 remains undeveloped and
is not anticipated for cemetery development in 2014.
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 (July 2008) comply within this requirement.
21.a The two family mausolea constructed in Lot 3 and Lot 6 of Building Site `II' are in compliance.
22.b The height elevations for the family mausoleums constructed in Lot 3 and Lot 6 of Building Site
`14' 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 `14' buffer zone was completed in the spring of
2008 consistent with the requirements and time frame period identified in this item. The family
mausolea in Lot 3 and Lot 6 of Building `H' were inspected by the City of Newport Beach and
approved.
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