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HomeMy WebLinkAbout4 - Pacific View Memorial ParkCOUNCIL AGENDA CITY OF NEWPORT BEACH N0. 4 °1-c�i-0l CITY COUNCIL STAFF REPORT Agenda Item No. L September 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport- beach.ca.us SUBJECT: Pacific View Memorial Park 3500 Pacific View Drive (PA2006 -282) APPLICANT: SCI California Funeral Services, Inc. ISSUE Should the. City Council accept the status report on Development Agreement No. 7; adopt a Negative Declaration and approve an amendment to Use Permit No. 3518 and Development Agreement No. 7 to allow the construction of six (6) family mausolea and estate gardens in lieu of a 7,200 square -foot community.mausoleum in Building Site °H" of Area 8 at the Pack View Memorial Park? RECOMMENDATION Staff recommends that the City Council hold a public hearing, accept the status report of Development Agreement No. 7, and approve the request by adopting Resolution No. 2007 - for Use Permit No. 2006 -040 and Negative Declaration No. 2007 -001 and introducing Ordinance No. 2007 - for Development Agreement No. 2006 -001, and passing the ordinance to a second reading for adoption on September 25, 2007. INTRODUCTION Proiect Description The project consists of six (6) family mausolea in Building Site "H" of Area 8, for a total of 2,024 square feet in lieu of a single 7,200 square foot (60'x120') community mausoleum. Two (2} of the. six (6) family mausoleum building envelopes (W,5 and H.6) would be at 15 feet in height, 22 feet in width, and 12 feet in depth. The four (4) remaining building envelopes (H.1, H.2, H.3 & HA) would be at 17 feet in height, 22 feet in width, and 17 feet in depth. The development of ground burial terraced estate gardens within Building Site "H" is also proposed. Pacific View Memorial Park September 11, 2007 Page 2 Planning Commission Action On August 9, 2007, the Planning Commission voted (5 ayes, one absent and one abstain) to recommend approval of the proposed project to the City Council. The approval resolution, staff report and minutes are attached as Attachments C through E. DISCUSSION Analysis Development Agreement Status Review Pursuant to Chapter 15.45 of the Municipal Code, Section 65865.1 of the California Government Code, and Section 6 of the Development Agreement, an annual review is to be conducted by the City Council in order for Pacific View to demonstrate good faith substantial compliance with the terms of the Development Agreement. The City Council conducted annual reviews for the years of 1996, 97, 98, and 99. On March 27, 2007, Pacific View submitted a status report (Attachment F), which includes the review of Use Permit conditions, the environmental mitigation measures, and the public benefit conditions. To date, Pacific View has made the following improvements: Total Built to Allowed Remaining Date Administration Building 30,000 s.f. 10,317 s.f. 19,683 s.f. Community Mausoleum 121,680 s.f. 91,174 s.f. 30,506 s.f. Garden Crypts & Family Mausoleum 12,000 s.f. 11,412 s.f. 588 s.f. After reviewing the submitted report, staff found that Pack View has complied in good faith with conditions of the agreement. Use Permit The Use Permit application does not include the introduction of new uses inconsistent with the land use designation of the site. The request should not prove detrimental to the adjacent residential properties given the smaller building mass and size of the proposed six (6) family mausolea, the placement of these structures which is considerably below the existing established grade of the adjacent residents, the proposed setbacks of these structures, and the additional landscaping to screen these structures from the ground floor views of the nearby residential properties. The visual simulations indicate the proposed family mausolea would not be visible to the residents residing along the cemetery's northeast and southeast properties. These viewing Pack View Memorial Park September 11, 2007 Page 3 stations for the simulations are at two (2) different locations: at the subject property lines adjacent to the residential properties of 5 Monterey Circle (Attachment G) and at 1 Little River Circle (Attachment. H). In addition to the visual simulations, pictures were taken from the residences of 1, 2, 3,& 4 Twin Lakes Circle and 1, 3, 7, 9 & 11 Monterey Circle looking straight to Building "H ", Area 8 of the Pacific View (Attachment 1). Given the distance from the nearby residences and with proposed landscape screening, the view to the proposed family mausolea and the estate gardens does not represent a negative impact. The estate gardens would be adequately screened from the nearby residents by virtue of being constructed into the slope supported by retaining walls with no monuments, fences, gates or other elements exceeding the top height of the estate garden walls. Required findings for approval of the Use Permit must be made in accordance with the provisions of Chapter 20.91 of the Municipal Code. All development regulations of the GEIF Zoning District and conditions of approval of the Use Permit would be met. Development Agreement Amendment On July 10, 1995, the City Council adopted Ordinance No. 95 -26 approving Development Agreement No. 7 (Attachment J) to establish maximum permitted development allocation for Pacific View of 30,000 square feet of administrative offices and support facilities, 121,680 - square feet of community mausolea and 12,000 - square feet of garden crypts including family mausolea. The Development Agreement contains 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 the Park and the nearby residents. The term of the Development Agreement is for a period of twenty (20) years with an automatic 10 -year extension if, at the expiration of the initial 20 -year term, Pacific View has not completed all of the development authorized in the Development Agreement. Pacific View. is in the 1e year of the 20-year, term. The existing Development Agreement requires that Area 8 be developed with flat marker ground burial and be maintained in a manner consistent. with the existing "park like" development. Building Site "H" is to be developed with a 7,200 square -foot community mausoleum. If approved, the overall square footage allowance for community mausolea will be reduced from 121,680 to 114,480 square feet. 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. Attached, for City Council consideration, is the proposed. First Amendment to the Development Agreement (Attachment K), which includes proposed changes to the applicable sections, the terms of the Agreement, and added language for the proposed landscaping. This document has been reviewed by the City Attorney's Office for code complianm and accuracy. Pack View Memorial Park September 11, 2007 Page 4 Environmental Review An Initial Study/Negative Declaration (ND) has been prepared by Dudek Associates for the project as originally submitted by the applicant in compliance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document is attached as Attachment L and identifies ten (10) issue areas with °less than significant impact" determinations. Those issues are: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology & Water Quality, Noise, Transportation/Traffic, and Utilities and Services Systems. No significant impacts are identified based upon a comparison of the proposed project with the established thresholds of signifcance. As result, no new mitigation measures have been identified. Those mitigation measures from the 1995 adopted Initial Study /Negative Declaration (Attachment M), which are applicable to this project, are referenced in the ND as part of the environmental analysis. The ND was circulated for a 20-day public review, between April 6 and April 26, 2007: staff received comments from the nearby residents but none were environment impact - related. The residents' concerns have been discussed under the Concerns of Residents Section of the August 9, 2007 Planning Commission Staff Report. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item . appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: salinh Kr g Associate PI ner Attachments: A. B. C. D. E. F. G. H. I. J. K. L. M. N. 'The document is in Department Submitted by: r David Lepo Planning Direc or Draft City Council Resolution Draft City Council Ordinance Planning Commission Resolution No. 1728 Excerpt of the minutes from the August 9, 2007, Planning Commission meeting Planning Commission Staff Report from the August 9, 2007 (Without attachments) Status Report View Simulation Photos from 5 Monterey Circle View Simulation Photos from 1 Little River Circle Pictures taken from adjacent residences Development Agreement No. 7 Draft First Amendment to Development Agreement No. 7 Draft Initial StudylNegatnre Declaration' 1995 Adopted Initial Study /Negative Declaration Project Plans separate binder and available for public review at the City Clerk's Office and Planning ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING NEGATIVE DECLARATION NO. 2007 -001 AND APPROVING USE PERMIT NO. 2006 -040 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 (PA2006 -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 Pacific 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, a use permit for the proposed Project has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this Code and the purposes of the district in which the site is located. i� Page 2 of 8 Facts in Support of Finding: A. The existing Pacific View Memorial Park is a privately owned cemetery which is a permitted use in the Private Institutional (PI) General Plan Land Use Element designation and consistent with the purpose of the GEIF Zoning District. An approval of a use permit in accordance with the provisions of Chapter 20.91 is required since Pacific View is proposing to change the development allocations within Building Site "H" of Area 8. The proposed changes are site - specific, within the existing cemetery and, therefore, would not cause any land use conflict or inconsistency with the surrounding area. B. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. Facts in Support of Finding: A. The proposed Project is consistent with the Land Use Element of the General Plan, which designates the property as Private Institutional (PI) with a maximum, permitted development allocation for Pacific View 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. The PI designation is intended to provide for privately -owned facilities that serve the public, including places for religious assembly, private schools, healthcare facilities, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The proposed Project presents no conflict with the policies of the General Plan. All development regulations of the GEIF District would be met, including structure height limitations and development limits B. The proposed project will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in, or adjacent to, the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity, or to the general welfare of the City due to the following: 1. The overall building mass and the total building floor area for Building Site "H" would be reduced from 7,200 square feet to 2,024 square feet, a 72% reduction in floor area. 2. The overall structure building height would be reduced from 24 to 17 feet. 3. By reducing the total number of casket spaces available from approximately 1,200 in the community mausoleum structure to `5 Page 3 of 8 approximately 280 for six (6) family mausolea and for estate gardens, funeral services and related activities would be reduced significantly. 4. The family mausoleum building envelopes would spread across an area larger than the current community mausoleum in Building Site "H ". This would allow for additional landscaping around each family mausoleum building envelope to integrate and buffer each structure from surrounding views. 5. Additional landscaping would be provided within Building Site "H ". Two (2) 36 -inch box trees would be planted on the slope around each of the family mausoleum building envelopes. The trees would be planted within twelve (12) months of the effective date of the Project approval or prior to the issuance of a building permit for the first structure, whichever is earlier. Additionally, at the time of construction of any family mausoleum, one additional 48 -inch box tree would be planted at side or rear elevation and one additional 36 -inch box tree would be planted adjacent to the front elevation of the structure. Prior to the issuance for a certificate of occupancy of any individual family mausoleum, additional trees, if needed, would be planted to screen the subject structure from the ground floor views of the residential properties immediately adjacent to the subject site. 6. Each family mausolea would be constructed in a considerably shorter time frame than the community mausoleum construction period. Since the family mausolea are mostly prefabricated, there would be more of an assembly operation rather than the on -site community mausoleum construction which consists of concrete forming, pouring and stripping operation, including the use of concrete pumps and booms that have more construction impacts to the nearby residents. 7. The estate gardens are ground burials similar to other areas in the cemetery with stone walls and above -grade memorials not exceeding 3 feet in height. 3. Finding: That the proposed use will comply with the provisions of this Code, including specific conditions for the proposed use in the district in which it would be located. Facts in Support of Finding: A. The Use Permit presently entitles the applicant to develop the cemetery consistent with the approved development plans attached to the Development Agreement. Mausoleum structures housing crypts and estate gardens are currently allowed on -site and have been constructed in areas adjacent to the project building site. Pacific View has developed the cemetery in a manner to satisfy mitigation measures and has implemented conditions of approval as adopted in the Use Permit and Development Agreement. The Use Permit and Development Agreement currently allow for a maximum 7,200 square -foot 0 Page 4 of 8 (60'x120') community mausoleum with maximum building height of 24 feet in Building Site "H ", and for Area 8 to be improved with ground burials, in a manner consistent with a cemetery. B. The nearest proposed family mausoleum building envelope would be located a minimum of 190 feet from the southeast property line of the nearest residences and 390 feet from the easterly property line of the nearest residences. The finished floor elevation would be approximately 80 feet below the nearest residence to the southeast and approximately 70 feet below the easterly residences. The current maximum family mausoleum structure allowed by the Use Permit and Development Agreement in other areas of the cemetery is 15 feet in height, 22 feet in width, and 12 feet in depth. For Building Site "H" only, the applicant proposes four (4) building envelopes to be at 17 feet in height, 22 feet in width and 17 feet in depth and two smaller structures at 15 feet in height, 22 feet in width, and 12 feet in depth. The proposed project, if approved, would be included with specific conditions for the development of Building Site "H ", Area 8; 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 NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment and that the Negative Declaration reflects the City Council's independent judgment and analysis. The City Council hereby adopts and 10 Page 5 of 8 certifies Negative Declaration No. 2007 -001 included therewith. The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section 2. Based on the aforementioned findings, the City Council hereby approves Use Permit No. 2006 -040 subject to the conditions of approval attached as Exhibit A. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on September 11, 2007 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -040 Planning Department Page 6 of 8 1. The development shall be in substantial conformance with the following approved plans dated July 27, 2007: Technical Site Plan - Exhibit "C ", Preliminary Landscape Plan — Exhibit "D ", Building Site "E" and "H" Section Diagrams — Exhibit "F ", and Visual Simulations — Exhibit "J" of the Development Agreement Amendment (First Amendment). 2. The visual simulations dated July 10, 2007 shall be attached to the First Amendment and labeled as Exhibit "J ". 3. The term of the Development Agreement shall be extended for eighteen (18) years from the effective date of the First Amendment plus the seven (7) year automatic extension. The Development Agreement shall, therefore, be in force for approximately twenty -five (25) years from the effective date of the First Amendment. 4. Use Permit No. 2006 -040 shall expire unless exercised within the term of Development Agreement. Rights granted by Use Permit No. 2006 -040 may continue to be exercised after the expiration of Development Agreement in accordance with the terms of the Zoning Code. 5. The Project is subject to Development Agreement No. 7, First Amendment and all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 6. Within Building Site "H ", Area 8, there shall be no more than six (6) family mausolea in lieu of a 7,200 square -foot community mausoleum. Building Envelope Nos. H.5 and H.6 shall not exceed a maximum of 15 feet in height, 22 feet in width and 12 feet in depth, and Building Envelope Nos. H.1, H.2, H.3, and HA may be a maximum of 17 feet in height, 22 feet in width and 17 in depth. 7. The roof elevations of the six (6) new family mausolea in Building Site "H" shall not exceed the heights indicated on Exhibit "D" and "F" of the First Amendment. 8. The pad elevations of the six (6) new family mausolea in Building Site "H" shall comply with the pad elevations indicated on Exhibit "D" and "F" of the First Amendment. 9. Religious, ornamental and other vertical objects shall not be permitted on the roof or protrude above the roofline of the family mausolea in Building Site "H ", Area 8. 10. Construction of a community mausoleum and crypt wall within Building Site "E" shall not commence prior to January 1, 2014. )X Page 7 of 8 11. Estate gardens shall be allowed within Building Site "H ". Estate gardens shall be constructed into the slope supported by retaining walls consistent with the visual simulations prepared by the City of Newport Beach and as shown on Exhibit "F" of the First Amendment. No monuments, fences, gates or other elements except plant material shall exceed the top height of the estate garden walls. 12. Notwithstanding the provisions of Section 65868 of the California Government Code, Pacific View waives any right it may have, now or in the future, to amend, change or modify the Development Agreement and shall not amend, change or modify, or request, or otherwise seek to amend, change or modify the Development Agreement for a period of not less than fifteen (15) years from the effective date of the First Amendment. In the event there is a conflict between this provision agreeing not to amend, change or modify the Development Agreement and any other provision of the Development Agreement, statute, ordinance, regulation, or law governing the Development Agreement, this provision and intent shall govern. 13. The 430 -foot mean sea level elevation landscape restriction shall be extended to encompass the entire boundaries of Building Sites "E ", "F" and "G as shown on Exhibit "C" of the First Amendment. 14. Within twelve (12) months of the effective date of the First Amendment or prior to the issuance of a building permit for the first structure, whichever is earlier, Pacific View shall plant landscape buffering consisting of a total of two (2) 36- inch box trees on the slope around each family mausoleum building envelope as shown on Exhibits "D" and "F" of the First Amendment. 15. At the time of construction of any individual family mausoleum in Building Site "H ", one (1) 48 -inch box size tree shall be planted at the side or rear elevation and one 36 -inch box tree shall be planted adjacent to the front elevation of the structure as depicted on Exhibit "D" of the First Amendment. 16. Prior to issuance of a certificate of occupancy for any individual family mausoleum, Pacific View shall plant all trees determined by the City, in its sole discretion, to be necessary to screen the constructed family mausoleum in Building Site "H" from the ground floor views of the residential properties as depicted in the computer visual simulations attached and marked Exhibit "J" and shown on Exhibits "D" and "F" of the First Amendment. 17. Prior to the issuance of a building permit for the first family mausoleum in Building Site "H ", Pacific View shall submit a Final Landscape Plan, to be approved by the Planning Department, that depicts location, type and size of all plantings so that, in comparison with the revised Preliminary Landscape Plan (Exhibit "D" of the First Amendment), there would be the same amount of screening of family mausolea and estate gardens in Building Site "H ", Area 8 as in the Preliminary Landscape Plan. 18. The development limit for community mausolea for the entire cemetery shall be reduced from 121,680 to 114,480 square feet. 1,5 Page 8 of 8 19. Minor adjustments necessary for safety, maintenance, slope engineering, landscaping, the engineering of building pads, and the reorientation of structures within existing building envelopes, given the extended period of years over which the property will be developed, shall be allowed with the approval of the Planning Director, so long as such minor adjustments are consistent with the building envelopes and at or below the building height limits shown on Exhibit "C" of the First Amendment (Technical Site Plan), and do not involve changes or additions to the number, type, height, or placement of structures (other than changes in the orientation of structures within building envelopes) specified in accordance with Exhibit "C" of.the First Amendment in Area 8, 9, 10 and 11. 20. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council,. its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Use Permit; and /or the City's related California Environmental Quality Act determinations. Building Department 21. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. is ATTACHMENT B DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. 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 Pacific 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: Amendment/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 1� Page 2 of 4 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 signfcant. 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. Page 3of4 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: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK MAYOR 1� Page 4 of 4 First Amendment to Development Agreement No. 7 (To be attached upon adoption) 1� ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 1728 Aa X3 RESOLUTION NO. 1728 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT NEGATIVE DECLARATION NO. 2007 -001 AND APPROVE USE PERMIT NO. 2006 -040 AND DEVELOPMENT AGREEMENT NO. 2006- 001 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 (PA2006 -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 and to Development Agreement No. 7 to allow Pacific View Memorial Park to develop six (6) family mausolea comprising 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, a public hearing was held on August 9, 2007, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website; 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 Pacific 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, a use permit for the proposed Project has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The existing Pacific View Memorial Park is a privately owned cemetery which is a permitted use in the Private Institutional (PI) General Plan Land Use Element designation and consistent with the purpose of the GEIF Zoning District. An approval of a use permit in accordance with the provisions of Chapter 20.91 is required since Pack View is proposing to change the JA City of Newport Beach Planning Commission Resolution No. Page 2 of 8 development allocations within Building Site "H" of Area 8. The proposed changes are site - specific, within the existing cemetery and, therefore, would not cause any land use conflict or inconsistency with the surrounding area. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: A. The proposed Project is consistent with the Land Use Element of the General Plan, which designates the property as Private Institutional (PI) with a maximum, permitted development allocation for Pacific View 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. The PI designation is intended to provide for privately -owned facilities that serve the public, including places for religious assembly, private schools, healthcare facilities, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The proposed Project presents no conflict with the policies of the General Plan. All development regulations of the GEIF District would be met, including structure height limitations and development limits B. The proposed project will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City due to the following: 1. The overall building mass and the total building floor area for Building Site "H" would be reduced from 7,200 square feet to 2,024 square feet, a 72% reduction in floor area. 2. The overall structure building height would be reduced from 24 to 17 feet. 3. By reducing the total number of casket spaces available from approximately 1,200 in the community mausoleum structure to approximately 280 for six (6) family mausolea and for estate gardens, funeral services and related activities would be reduced significantly. 4. The family mausoleum building envelopes would spread across an area larger than the current community mausoleum in Building Site "H ". This would allow for additional landscaping around each family P City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 8 mausoleum building envelope to integrate and buffer each structure from surrounding views. 5. Additional landscaping would be provided within Building Site "H ". Two (2) 36 -inch box trees would be planted on the slope around each of the family mausoleum building envelopes. The trees would be planted within twelve (12) months of the effective date of the Project approval or prior to the issuance of a building permit for the first structure, whichever is earlier. Additionally, at the time of construction of any family mausoleum, one additional 48 -inch box tree would be planted at side or rear elevation and one additional 36 -inch box tree would be planted adjacent to the front elevation of the structure. Prior to the issuance for a certificate of occupancy of any individual family mausoleum, additional trees, if needed, would be planted to screen the subject structure from the ground floor views of the residential properties immediately adjacent to the subject site. 6. Each family mausolea would be constructed in a considerably shorter time frame than the community mausoleum construction period. Since the family mausolea are mostly prefabricated, there would be more of an assembly operation rather than the on -site community mausoleum construction which consists of concrete forming, pouring and stripping operation, including the use of concrete pumps and booms that have more construction impacts to the nearby residents. 7. The estate gardens are ground burials similar to other areas in the cemetery with stone walls and above -grade memorials not exceeding 3 feet in height. 3. Finding: That the proposed use will comply with the provisions of this code, including specific conditions for the proposed use in the district in which it would be located. Facts in Support of Finding: The Use Permit presently entitles the applicant to develop the cemetery consistent with the approved development plans attached to the Development Agreement. Mausoleum structures housing crypts and estate gardens are currently allowed on -site and have been constructed in areas adjacent to the project building site. Pacific View has developed the cemetery in a manner to satisfy mitigation measures and has implemented conditions of approval as adopted in the Use Permit and Development Agreement. The Use Permit and Development Agreement currently allow for a maximum 7,200 square -foot (60'x120') community mausoleum with maximum building height of 24 feet in Building Site "H ", and for Area 8 to be improved with ground burials, in a manner consistent with a cemetery. The nearest proposed family mausoleum building envelope would be located a minimum of 190 feet from the southeast property line of the nearest residences and 390 feet from the easterly property line of the nearest residences. The finished floor EM City of Newport Beach Planning Commission Resolution No. Page 4 of 8 elevation would be approximately 80 feet below the nearest residence to the southeast and approximately 70 feet below the easterly residences. The current maximum family mausoleum structure allowed by the Use Permit and Development Agreement in other areas of the cemetery is 15 feet in height, 22 feet in width, and 12 feet in depth. For Building Site "H" only, the applicant proposes four (4) building envelopes to be at 17 feet in height, 22 feet in width and 17 feet in depth and two smaller structures at 15 feet in height, 22 feet in width, and 12 feet in depth. The proposed project, if approved, would be included with specific conditions for the development of Building Site "H Area 8; and WHEREAS, the Project also 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: Amendment/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. The parties, in this case, would be the applicant and the Newport Beach City Council; 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 significant. 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 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 Planning Commission 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 IN City of Newport Beach Planning Commission Resolution No. Paae 5 of 8 NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find, .on the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment and that the Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt and certify Negative Declaration No. 2007 -001 included therewith. The document and all material which constitute the record upon which this decision was based are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section 2. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council adopt Negative Declaration No. 2007 -001 and approve Use Permit No. 2006 -040 subject to the conditions of approval attached as Exhibit A and Development Agreement No. 2006 -001 as attached as Exhibit B. PASSED, APPROVED AND ADOPTED THIS 9th DAY OF AUGUST 2007. AYES: Peotter, Hawkins, McDaniel, Toerpe and Hillaren BY: Robert Hawkins, Chairman M Bradley Hillgren, Secretary RECUSED: Eaton ABSENT: Hillaren kl( City of Newport Beach Planning Commission Resolution No. Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -040 Conditions in bold4talics are project specific conditions. All others are standard conditions. Planning Department 9. The development shall be in substantial conformance with the following approved plans dated July 27, 2007: Technical Site Plan - Exhibit "C; Preliminary Landscape Plan — Exhibit "D ", Building Site "E" and "N" Section Diagrams — Exhibit. "F; and Visual Simulations — Exhibit "J" of the Development Agreement Amendment (First Amendment). 2. The visual simulations dated July 90, 2007 shall be attached to the First Amendment and labeled as Exhibit "J ". 3. The term of the Development Agreement shall be extended for eighteen (98) years from the effective date of the First Amendment plus the seven (7) year automatic extension. The Development Agreement shall, therefore, be in force for approximately twenty-five (25) years from the effective date of the First Amendment 4. Use Permit No. 2006 -040 shall expire unless exercised within the term of Development Agreement. Rights granted by Use Permit No. 2006 -040 may continue to be exercised after the expiration of Development Agreement in accordance with the terms of the Zoning Code. 5. The Project is subject to Development Agreement No. 7, First Amendment and all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 6. Within Building Site "N'; Area 8, there shall be no more than six (6) family mausolea in lieu of a 7,200 square foot community mausoleum. Building Envelope Nos. N.5 and N.6 shall not exceed a maximum of 95 feet in height, 22 feet in width and 92 feet in depth, and Building Envelope Nos. N.9, N.2, N.3, and 11.4 may be a maximum of 97 feet in height, 22 feet in width and 97 in depth. 7. The roof elevations of the six (6) new family mausolea in Building Site "N" shall not exceed the heights indicated on Exhibit "D" and "F" of the First Amendment 8. The pad elevations of the six (6) new family mausolea in Building Site "N" shall comply with the pad elevations indicated on Exhibit "D" and "F' of the First Amendment. �q City of Newport Beach Planning Commission Resolution No. Page 7 of 8 9. Religious, ornamental and other vertical objects shall not be permitted on the roof or protrude above the roofline of the family mausolea in Building Site "H ", Area 8. 10. Construction of a community mausoleum and crypt wall within Building Site "E" shall not commence prior to January 1, 2014. 11. Estate gardens shall be allowed within Building Site "H ". Estate gardens shall be constructed into the slope supported by retaining walls consistent with the visual simulations prepared by the City of Newport Beach and as shown on Exhibit "F" of the First Amendment No monuments, fences, gates or other.elements except plant material shall exceed the top height of the estate garden walls. 12. Notwithstanding the provisions of Section 65868 of the Califomia Government Code, Pacific View waives any right it may have, now or in the future to amend, change or modify the Development Agreement and shall not amend, change or modify, or request, or otherwise seek to amend, change or modify the Development Agreement for a period of not less than Fifteen (15) years from the effective date of the First Amendment. In the event there is a conflict between this provision agreeing not to amend, change or modify the Development Agreement and any other provision of the Development Agreement, statute, ordinance, regulation, or law governing the Development Agreemen4 this provision and intent shall govern. 13. The 430 -foot mean sea level elevation landscape restriction shall be extended to encompass the entire boundaries of Building Sites "E ", "F" and "G" as shown on Exhibit "C" of the First Amendment 14. Within twelve (12) months of the effective date of the First Amendment or prior to the issuance of a building permit for the first structure, whichever is earlier, Pacific View shall plant landscape buffering consisting of a total of two (2) 36 -inch box trees on the slope around each of family mausoleum building envelope as shown on Exhibits "D" and "F" of the First Amendment. 15. At the time of construction of any individual family mausoleum in Building Site "H" one (1) 48 -inch box size tree shall be planted at the side or rear elevation and one 36 -inch box tree shall be planted adjacent to the front elevation of the structure as depicted on Exhibit "D" of the First Amendment 16. Prior to issuance of a certificate of occupancy for any individual family mausoleum, Pacific View shall plant all trees determined by the City, in its sole discretion, to be necessary to screen the constructed family mausoleum in Building Site "H" from the ground floor views of the ) 6 City of Newport Beach Planning Commission Resolution No. _ Paae 8 of 8 residential properties as depicted in the computer visual simulations attached and marked Exhibit "J" and shown on Exhibits "D" and "F" of the First Amendment. 17. Prior to the issuance of a building permit for the first family mausoleum in Building Site "H'; Pacific View shall submit a Final Landscape Plan, to be approved by the Planning Department, that depicts location, type and size of all plantings so that, in comparison with the revised Preliminary Landscape Plan (Exhibit "D" of the First Amendment), there would be the same amount of screening of family mausolea and estate gardens in Building Site "H'; Area 8 as in the Preliminary Landscape Plan. 18. The development limit for community mausolea for the entire cemetery shall be reduced from 121,680 to 114,480 square feet. 19. Minor adjustments necessary for safety, maintenance, slope engineering, landscaping, the engineering of building pads, and the reorientation of structures within existing building envelopes, given the extended period of years over which the property will be developed, shall be allowed with the approval of the Planning Director, so long as such minor adjustments are consistent with the building envelopes and at or below the building height limits shown on Exhibit "C" of the First Amendment (Technical Site Plan), and do not involve changes or additions to the number, type, height, or placement of structures (other than changes in the orientation of structures within building envelopes specified in accordance with Exhibit "C" of the First Amendment in Area 8, 9, 10 and 11. 20. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Use Permit; and/or the City's related California Environmental Quality Act determinations. Building Department 21. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 31 0 0 ATTACHMENT D EXCERPTS MINUTES FROM AUGUST 9. 2007 PLANNING COMMISSION MEETING 33 Planning Commission Minutes 08/09/2007 CITY OF NEWPORT BEACH Planning Commission Minutes August 9, 2007 Regular Meeting - 6:30 p.m. Page 1 of 18 http: / /www.city.newport- beach. ca.us /PlnAgendas /mn08- 09- 07.htm 08/29/2007 35 INDEX R L CALL Com 'ssioners Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren. Commission Cole was excused; Commissioner Peotter arrived at 6:40. STAFF PRESEN David Lepo, Planning ' ector Aaron Harp, Assistant Ci Attorney Tony Brine, Transportation evelopment Services Manager Patrick Alford, Senior Planner Rosalinh Ung, Associate Planne_ Brandon Nichols, Associate Plann finger Varin, Planning Commission cretary and Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on August 3, 07. HEARING ITEMS SUBJECT:. MINUTES of the regular meeting of July 19, 2007. ITEM NO. 1 Motion was made by Commissioner Peotter and seconded by proved Commissioner McDaniel to approve the minutes as corrected. Ayes: Eaton, Peotter, Hawkins, McDaniel, and Toerge Noes: None Abstain: Hillgren Excused: Cole OBJECT: Pacific View Memorial Park (PA2006 -282) ITEM NO. 2 3500 Pacific View Drive PA2006 -282 Vk request to amend Use Permit No. 3518 and Development Agreement Approved http: / /www.city.newport- beach. ca.us /PlnAgendas /mn08- 09- 07.htm 08/29/2007 35 Planning Commission Minutes 08/09/2007 7 to allow the construction of nine (9) family mausoleum structures a to gardens in lieu of a 7,200 square -foot community mausoleum ling Site "H" of Area 8 at the Pacific View Memorial Park. missioner Eaton requested to be recused from deliberation on ar as his family has a plot in Pacific View. ssociate Planner Rosalinh Ung noted the applicant has revised tl pplication and now proposes a development of six (6) family mausc nd estate garden in -lieu of a single community mausoleum in Building of Area 8 of the park. The subject site is approved to be developed v 7,200 square -foot community mausoleum at 24 feet maximum build eight, the balance of Area 8 is to be developed with ground burials. s request requires an amendment to the 1995 approved Use Permit a jelopment Agreement. These documents granted Pacific View the ric develop the subject property in accordance with the terms a editions of the Use Permit and Development Agreement. She then ga overview of the staff report. proposal would result in a decrease of the overall commun ;oleum building area within the park by 7,200 square feet. T ional building area proposed for the family mausoleum will be deriv the 12,000 square feet previously approved for the family mausolet lopment limit. proposed estate gardens are ground burials with no tion and therefore would not affect the approved ament or limits. ie proposed first amendment to the Development Agreement has epared and reviewed by the City Attorney's office for code comp id accuracy and includes proposed changes to the applicable se roughout the entire document and added language for the prol ndscaping around and within the subject site. Negative Declaration was prepared for the project and circulated blic comments from the period April 6th to April 26th of this year. St teived comments from the nearby residents but none were related vironmental impacts. The residents' concerns have been discussed a dressed in the staff report. f believes that the Use Permit findings necessary for the projec roval can be made as the project would not be detrimental to the scent residential properties given the smaller building mass of the )osed family mausolea. The placement of these structures would be )w the existing established grade of the adjacent residences. dscaping would screen these structures from the ground floor views o nearby residents' properties. The estate gardens would be adequately ?ened from the nearby residents and conditions to effect such screeninc e been added to the Development Agreement and the Use Permi Page 2 of 18 http: / /www. city.newport- beach. ca.us /PlnAgendas/mn08- 09- 07.htm 08/29/2007 31� Planning Commission Minutes 08/09/2007 Staff recommends approval of the project. introduced Rich Mather from the Advanced Graphic Image we fle for the photo simulations, and Ms. Carolyn Schaffer froi Environmental Consultant firm was responsible for th ental document and both are present and available for comment. its O'Neil, representing Pacific View Memorial Park, introduced Mr Brt Motzkin, the Director of Cemetery Development and Construction Motzkin, retired General Manager of Pacific View, Michael Green anc iy McDaniel of Clark and Green who are serving as project manager: lead consultants. e then noted concerns from the community had been received and that ?ries of meetings with the community and the Board Directors of Spygla; ill Homeowners Association (HOA) were held. They agreed to a numb measures that have been included in the staff report and in tt evelopment Agreement, which provide additional enhancements ar aarantees for the surrounding residential community. He has read tt mditions and agrees with all those conditions. McDaniel noted for the record that he and Randy not related. ran Motzkin gave an overview of the history of Pacific View starting frorr 958 noting that it has been their purpose to remind visitors of the beauty nd lives of those who are honored at Pacific View. She noted the private state gardens, family mausolea, arches, open courtyards, water feature: nd grounds. The acquisition of Pacific View by Service Corporatior iternational in 1991 did not change that purpose. Pacific View is ove 0% open space and what is proposed will continue the tradition o reating a beautiful memorial park. The proposal includes installinc mailer family mausolea and estate gardens. The community desire: ifferent types of memorialization and interment opportunities for thei )ved ones and themselves. These are personal decisions and the ,roposed amendment is a direct result of trying to accommodate request: •om families for that type of product. By providing a variety of quality hoices we are better able to satisfy the needs of our families. Maintaininc ie overall beauty of the park is vital and we believe this amendment doe: �l Green of Clark and Green Associates, made a PowerPoi tation and stated the following: Location of site; Project site is on the south - eastern area of Memorial Park; Location of Spyglass Association homes on property line; Buffer areas planted as required by the Development Agreement 1996. This planting allows for screening of the cemetery from edge of homes; Building Site H will have the least amount of impact on loc residents due to the distance from the property line and the vertic Page 3 of 18 http: / /www,city.newport- beach. ca.usIP1nAgendas /nmO8- 09- 07.htm 08/29/2007 31 Planning Commission Minutes 08/09/2007 separation from the residences; This had a 7,200 community mausoleum allocation and they have looked how to incorporate family mausolea into that site; A Technical Site Plan was viewed on Building Site H depicting the c. family mausoleum sites with a new size of 17 feet by 22 fee footprint and 17 feet in height to accommodate some of the request: for slightly larger buildings than are approved to be built now; None of these buildings exceed the top height of the community mausole< structures which is a 24 -foot building; The buildings are placed around the site; There will be some smal garden walls in certain areas; The project has had a Negative Declaration. He then reviewed < mausoleum design including landscaping and low walls; This is a long range planning concept with families not utilizing thei lots until 10 or 20 years; He noted photos of family mausolea that could be placed on the site. Estate gardens built in the hill with flowers and fountains; He then introduced photo simulations of what the project would lool like, one of the community mausoleum building at the 24 foot heigh to the peak of the roof versus the family mausolea structures at buik out; He then proceeded with and explained the view simulations; There have been three community outreach meetings and meeting with the HOA Board; The following issues were resolved such as deletion of 3 mausolea and a reduction of size in two of the proposed mausolea construction of Building Site E will be delayed until 2014; landscape exhibit including trees to be planted within twelve months o approval of this application; staff has asked for additional trees an( HOA has asked for additional trees, one at each elevation of the remaining six mausolea to help ensure that there will be a landscaped foreground; low estate garden walls will be built into the slope and the top of the 36 inch high wall will only have landscape but no ornamentation of any kind; restriction in height of plan material above the 430 mean sea level elevation and have extendec that out to the perimeters of all these development building sites; A delay in any future amendments for 15 years has been agreed tc as well. missioner Hillgren asked about the story poles on site. Green answered they depict the breadth of the original application reduction of the new application. The largest family mausoleum w sally fit inside. irman Hawkins asked if there was a tracking mechanism for the use and for a topographic overview Green answered family mausolea were approved to be built. Page 4 of 18 5� http: / /www.city.newport- beach. ca.us /PlnAgendas /mn08- 09- 07.htm 08/29/2007 Planning Commission Minutes 08/09/2007 square footage has been purchased; however, some families e chosen ground burials. An annual report on statistical sumrr done shortly after the Development Agreement was approved. ipany has to track everything that is done in the cemetery. He layed and explained the original site of Building H from 1995 and slopes and various grades. Discussion continued on existing gi fill -ins, cut -outs and tree planting placements. i Schaffer with Dudek, project manager for the environmental site. hairman Hawkins, referring to the Negative Declaration page 11, ere seems to be a discrepancy in terms of height. Schaefer noted the original project description proposed in the oric ication has since changed. I reviewed the staff report, and iges that were made are consistent with what was evaluated for ronmental study and we don't feel the impacts will be significz rent than what we found in the study. It is still within the 430 foot -I is part of the Development Agreement. The additional trees and gi I proposed to be used do not create a significant impact. nissioner Hillgren noted the report compares the new proposal to application. This strikes me as being less impactful than what )usly approved. Schaefer answered the environmental study considered what th re currently allowed to construct there in terms of the Developme reement and what they requested in their application. They a luesting reduced building space, reduced building mass and increase dscaping. The impact levels were compared to determine if ai iironmental impacts would be significant and we found that there we ne that were less than significant and some with no impacts. ;ichard Mather of Advanced Graphic Images testified that the vl imulations are accurate and that he had created a terrain model to ma ie actual physical camera. He went on to explain his process and that as been in the business since 1992: comment was opened. a Burton of Villa Park, noted she had been asked by Pacific View tin her experiences with them. She then gave a brief history of f )nal experience with the passing of family members noting t )nal compassion and interest from the staff members. Additiona' noted that on commemorative holidays the park places spec nemoration for family members who are interred at Pacific View. mission inquiry, she noted that she has ground burials. Bahri, local resident, speaking on behalf of several residents, noted: Bought his house 4 years ago and at that time the realtor showe Page 5 of 18 3C' http: / /www.city.newport- beach. ca.us /PhiAgendas /mnO8- 09- 07.htm 08/29/2007 Planning Commission Minutes 08/09/2007 him a copy of the recorded Development Agreement; He was told that the area in front of his house in Area 8 would be strictly ground burial; The Development Agreement prohibits building any famiN mausoleum in Area 8, Site H and is to be only a community mausoleum; We bought the house and have lived there happily until late 200E when we heard the Pacific View wanted to amend the Developmen Agreement; We went to a meeting and showed our opposition. We were told i there was enough opposition, they would not pursue the subject; Everybody on my street and the majority on a nearby street did sigr a petition. We gave this to staff; We received a letter about the Negative Declaration and we went tc the City to show our opposition; By changing this to six family mausolea you are going to change the atmosphere of the park -like setting; the pictures show (h( distributed) that nothing humongous jumps out; We believe by building these huge 17 feet by 17 feet by 22 feet it the middle of the park will change the California -style famil). memorial park to an eastern -style cemetery; He is against this change as it has an emotional impact as well as < financial impact when it comes to selling his house; I am not against people doing business, but please have these points in your consideration as well; This house is my refuge and I will lose a lot of money; There is a chance for this Development Agreement, which is lega and the recitals are very important; it says to be careful of the build out on adjoining residences; By approving this amendment Pacific View will be happy, Service International Corporation will make good money, the residents wil live miserable and be unhappy, please ask yourself what does the City get? There should be some benefit. irman Hawkins noted that Dr. Bahri was eye his doctor and asked raises a conflict. City Attorney Harp answered, no. ?r Wohrle, President of the Board of Directors for the Spygla ieowners Association, noted the letter dated August 7, 2007 stati support of this project as the issues that had been raised were settl there had been acceptable compromise. Jack DeKrive, resident of Laguna Woods, noted her pers fence with her dealings with Pacific View during the times of >. She noted her support of this application. I Gillespie, Laguna Beach resident, noted his support of this application. noted his personal experience of building family mausoleum at Pacifii Page 6 of 18 `.i http: / /www. city.newport- beach. ca.us /PlnAgendas /mn08- 09- 07.htm 08/29/2007 Planning Commission Minutes 08/09/2007 Casillas, Vice President of the Vietnam Veterans of Orange County his support of this application. He gave a brief history of hi: ement with Pacific View as a member of the Veterans group and the gyration of Pacific View staff. )nard Fish, local resident, noted this site was picked due to the view ocean. Area 8 was not approved for the estate gardens and th )uld be limited to Area H. Memorial Park and the neighbors have IN nfortably together based on mutual agreements. The request usolea will be privately owned and could contain up to 169 souls. The thousands of less privileged families with relatives buried in the la, gas who want the lawn atmosphere maintained. He continued readi comments into the record and concluded by asking that this applicati denied or downsize the scale of the mausolea. )mmissioner Hillgren noted the applicant is reducing the density in mber of internments and overall square footage. What is your corn over- densification? . Fish answered he is concerned about the number of huge independ( ildings which could hold 169 souls are asked to hold 44 as opposed original site. We told them we want the little ones and not the look eastern -style cemetery. What is the need for these massive siz aren Odell, local resident, noted she does not mind the park -like settii ere at all. She noted Pacific View provided great comfort during her tin need. She asked that the cemetery keep to their original agreeme here they would have a community mausoleum that would fit into tl terall architecture better and blend in better than having six separa -anite mausolea. The landscaping that is planned, how long will it take )ver the height of those buildings? I would ask that it continue to be ark -like setting. snnis O'Neil, clarified that the location of the family mausolea in Buildii to H, Area 8 was not selected for the ocean view. The family mausoll ive an average of 4 crypts within each building and range anywhere frc to 10 and in some cases may never get built at all. The Building Site ypt wall mausolea will be started imminently. What is being proposed v )t add value to Pacific View in this case and the density and reduction immunity mausolea is actually a diminishment of property rights; this imewhat unique as there are vested development rights for Pacific Vie the Development Agreement, but it also provides protection and bene r the surrounding community. What we are doing will not change tl irk -like characteristics of Pacific View as 90% of the land is open spa id that will remain. nissioner McDaniel asked how long the plant material will take and screen the buildings. Page 7 of 18 %kk http: / /www.city.newport- beach. ca.us /PlnAgendas /mn08- 09- 07.htm 08/29/2007 Planning Commission Minutes 08/09/2007 . O'Neil answered we are conditioned to put in 36" boxes and none ?se family mausolea will be able to be seen by the residents from abc en they are occupied. The landscaping will go in starting within twel mths after this Development Agreement amendment is approved a ther landscaping will go in when building permits are pulled for ea nily mausolea and finally, before there is a certificate of occupancy, 1 1 finish the landscaping. There is an additional provision in t velopment Agreement that says that if in fact any part of the tusolea are visible from up above that the City can require Pacific Vi further landscape it, which we have agreed to. We think there is me in adequate protection so that by the time these family mausolea go ?re will be fully mature landscaping screening. missioner McDaniel asked about the timeframe. Green answered that we are required to build a commur isoleum, which is a cast in place concrete structure, within a nir ith period from the day we start to end when we get a certificate upancy. He explained the construction process. The family mausol pre- fabricated all- granite buildings that are pinned together. Other th grading that will be done and the planting of the 36" box trees, the Dings are brought to the site and assembled quickly and set on crete foundation. The timing is a matter of weeks. We are requir the day we request the certificate of occupancy, a City inspec ies out and inspects from those two viewpoints. If it is deem essary, we are required to plant more trees to immediately block a ✓ of the mausolea . ;hairman Hawkins noted the aesthetic impact and landscaping will be uring the construction or during the period the structure will be erected. sere a feasible way to screen the structure prior to the certificate ccupancy? How tall and wide is a 36" box tree? Ir. Green answered that by planting the 36" box trees now those trees wil row. Our anticipation is that we will not need to add much additiona indscaping. We could go out and plant trees to screen during the Dnstruction period; however, it seems that for a few weeks of assemblinc peration it's onerous. We would like to finish up after it is constructed. luring the construction period there is really not a lot that is going to be sen. The soonest we can build a building is a year and a half from nom y the time you go through all the permitting and assembling an( ibrication, etc. The typical spec would be five- foot -wide by about twelve. )ot -high trees. We are required to put in some 48" box trees which will be irger and depending on what species they will be about 7 feet by 14 fee igh. Since they will be placed up a slope, they will be higher than the uildings the day they are planted. comment was closed. imissioner McDaniel noted the views from the back of these folks private views, not public views. Page 8 of 18 lq - http: / /www.city.newport- beach. ca.us /PlnAgendas/mn08- 09- 07.htm 08/29/2007 Planning Commission Minutes 08/09/2007 Page 9 of 18 Ung answered, yes. hairman Hawkins noted the Development Agreement protects �sidents' views. added that the Agreement talks about protecting neig from impacts as one of the public benefits. :)mmissioner Toerge noted the due diligence by one of the prey Beakers. He noted he is sensitive to any pre- approved entitlement ight want to make changes and make impacts to adjacent prof vners. I have looked at the plans, visited the site, studied the draw id reviewed the conditions and have difficulty identifying material im i adjacent properties. I can't see where the proposed amendment suiting development has any kind of adverse impact on adja operties. It is not reducing values, not blocking views and with iorter amount of time to erect the mausolea with the additi ndscaping there is no negative impact. With a condition that is so b to say that if at the completion of these mausolea they can be seen e homes, then more trees will be planted. That is convincing to me iu are not going to see the mausolea. ion was made by Commissioner Toerge and seconded t imissioner McDaniel to approve the amendment to Use Permit 351 Development Agreement No. 7 (UP 2006 -040 and DA No. 2006 -001). missioner McDaniel noted that there is going to be screening of >olea as quickly as possible to minimize any visual impacts. We h our job to protect the property value. )mmissioner Hillgren noted he had walked the site and it comes down view of landscaping versus a view of a larger tiled roof and 1 think t mmunity is better served looking at landscaping, so I support t plication. rman Hawkins noted he shares the concerns expressed by Dr. E agrees with Commissioner Hillgren that the landscaping will and ys provided a buffer. and Hillgren None Eaton Cole 137) PA2007 -137 312 Continued to appeal by Diane Knight of the Planning Directors iT rding the application of a development stringline (setback) A� http: / /www.city.newport- beach. ca.us /PinAgendas /mn08- 09- 07.htm 08/29/2007 0 0 0 0 ATTACHMENT E AUGUST 9, 2007 PLANNING COMMISSION STAFF REPORT 115 C� • 0 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 August 9, 2007 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner rung(a)city. newport- beach.ca. us (949) 644 -3208 SUBJECT: Pacific View Memorial Park 3500 Pacific View Dr. Amendment to Use Permit No. 3518 & Development Agreement No. 7 (UP No. 2006 -040 & DA No. 2006 -001) (PA2006 -282) APPLICANT: SCI California Funeral Services Inc. PROJECT SUMMARY The project consists of the development of six (6) family mausolea and estate gardens in Building Site "H" of Area 8 at the Pacific View Memorial Park. The following discretionary approvals are requested or required in order to implement the project as proposed: 1. An amendment to Use Permit No. 3518; and 2. An amendment to Development Agreement No. 7 to allow the Pacific View Memorial Park (Pacific View) to amend the development allocations within Building Site "H" of Area 8. RECOMMENDATION Staff recommends that the Planning Commission take the following action: Adopt attached draft resolution (Exhibit 1) recommending adoption of Negative Declaration No. 2007 -001 and approval of Use Permit No. 2006 -040 and Development Agreement No. 2006 -001 to the City Council. 4A Pacific View Memorial Park August 9, 2007 Page 2 of 14 Vicinitv M y O $�'`i Subject 414fi"t �" Property F S Area 8, Building H �". � ''' � K e.Y" l � i' �_, '.� ,'fig •.1 ��� �,ri.. N, y m , � ,sa3, _: � .n After �M 3500 Pacific View Dr. Use Permit No. 2006 -040 & Development Aareement No. 2006 -001 Current Development: Pacific View Memorial Park To the north: Single-family residential To the east: Single-family residential To the south: Single-family residential across San Joaquin Hills Road To the west: Big Canyon Reservoir and Harbor Day School q9 Pacific View Memorial Park August 9, 2007 Page 3 of 14 tO Pacific View Memorial Park August 9, 2007 Page 4 of 14 PROJECT INFORMATION Project Description The applicant is proposing to develop six (6) family mausolea in Building Site "H" of Area 8, for a total of 2,024 square feet in lieu of a single 7,200 square foot (60'xl20') community mausoleum. Two (2) of the six (6) family mausoleum building envelopes (H.5 and H.6) would be at 15 feet in height, 22 feet in width, and 12 feet in depth. The four (4) remaining building envelopes (H.1, H.2, H.3 & H.4) would be at 17 feet in height, 22 feet in width, and 17 feet in depth. The development of ground burial terraced estate gardens within Building Site "H" is also proposed. The project requires the approval of an amendment to Use Permit No. 3518 (by approving Use Permit No. 2006 -040) pursuant to Section 20.25.020(D) of the Municipal Code (GEIF District: Additional Land Use Regulations). This section states that an approval of a use permit pursuant to the provisions of Chapter 20.91 is required for any changes in the operational characteristics of an existing use within this zoning district. The project also requires the approval of an amendment to Development Agreement No. 7 (by approving Development Agreement No. 2006 -001) pursuant to the provisions of Section 15.45.060 of the Municipal Code (Development Agreements: Amendment/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. The parties, in this case, would be the applicant and the Newport Beach City Council. Decision - making authority for use permits is assigned to the Planning Commission pursuant to Section 20.91.015 of the Municipal Code (Use Permit and Variance to Other Permits) or by the affirmative vote of the City Council on appeal or review. The Planning Commission, in this particular case, would review and forward their recommendation to the City Council for their final decision due to the Development Agreement amendment request. Background Pacific View began its operation as a cemetery in 1958 under the County of Orange jurisdiction. In 1969 the City of Newport Beach began the phased annexation and in 1973 the entire property was annexed into the City. On July 10, 1995, the City Council adopted a Negative Declaration and approved an amendment made to the General Plan Land Use Element to establish maximum permitted development allocation for Pacific View of 30,000 square feet of administrative offices and support facilities, 121,680 square feet of community mausolea and 12,000 square feet of garden crypts including family mausolea. The City 5� Pacific View Memorial Park August 9, 2007 Page 5 of 14 Council also approved Use Pen-nit No. 3518, Site Plan Review No. 69 and Development Agreement No. 7 attached as Exhibit 2, which grants Pacific View statutory vested rights to develop the subject property in accordance with the terms, conditions and exhibits contained in the agreement for the ultimate build -out of the entire cemetery. On December 20, 2006, the applicant submitted an application package requesting the development of nine (9) family mausolea in Building Site "H" of Area 8 in lieu of a 7,200 square foot (60'x120) community mausoleum. The maximum allowable building envelope for each structure would be at 17 feet in height, 22 feet in width and 17 feet in depth. The request also includes the development of estate gardens within Building Site "H ". Concerns of Residents The Planning Department received several letters (Exhibit 3) from the Spyglass Hill residents during the application review process. They collectively expressed their opposition to the proposed application on the following points: 1. The intent and purpose of the Development Agreement would be violated if the Agreement is amended. 2. The nine (9) family mausoleum structures and estate gardens will negatively impact views and the aesthetic of the park by changing the park -like character of the Pacific View to more of the `Eastern" style cemetery. 3. The nine (9) family mausolea versus the community mausoleum would generate more construction activity, noise and traffic. 4. The above - ground monuments and markers would have the characteristics of an "Eastern" style cemetery and could attach a stigma to the otherwise park -like setting and will have a negative impact on the property values in the area. In response to the above - stated concerns, Pacific View held several meetings with representatives of the Spyglass Hill Homeowners Association board of directors. On August 1, 2007, the applicant revised their application (Exhibit 4) reflecting the current request in response to the concerns raised by the Spyglass Hills residents. The following changes have been included in the submitted plans and are a part of Pacific View application: 1. Within Building Site "H ", there shall be no more than six (6) family mausolea. Two (2) building envelopes (H.5 & H.6) shall not exceed a maximum of 15 feet in height, 22 feet in width and 12 feet in depth, and four (4) building envelopes (H.1, H.2, H.3 & HA) may be a maximum of 17 feet in height, 22 feet in width, and 17 feet in depth. S1 Pack View Memorial Park August 9, 2007 Page 6 of 14 2. Religious, ornamental and other vertical objects shall not be permitted on the roof or protrude above the roofline of the family mausolea. 3. Construction of a community mausoleum and crypt wall within Building Site "E" shall not commence prior to January 1, 2014. 4. Estate gardens shall be constructed into the slope supported by retaining walls consistent with the visual simulations prepared by the City of Newport Beach and as shown on Exhibit "F" of the draft First Amendment. No monuments, fences, gates or other elements except plant material shall exceed the top height of the estate garden walls. 5. Pacific View agrees to extend the term of the Development Agreement for eighteen (18) years from the effective date of the Development Agreement Amendment plus the seven (7) year automatic extension. The Development Agreement will, therefore, be in force for approximately twenty -five (25) years from the effective date of the First Amendment. 6. Pacific View would not seek to amend the Development Agreement for a period of not less than fifteen (15) years from the effective date of the First Amendment. 7. Minor adjustments necessary for safety, maintenance, slope engineering, landscaping, the engineering of building pads, and the reorientation of structures within existing building envelopes, given the extended period of years over which the property will be developed, shall be allowed with the approval of the Planning Director, so long as such minor adjustments are consistent with the building envelopes and at or below the building height limits shown on Exhibit "C" of the First Amendment (Technical Site Plan), and do not involve changes or additions to the number, type, height, or placement of structures (other than changes in the orientation of structures within building envelopes specified in accordance with Exhibit "C" of the First Amendment in Area 8, 9, 10 and 11. 8. The 430 -foot mean sea level elevation landscape restriction would be extended to encompass the entire boundaries of Building Sites "E ", "F" and "G ". 9. At the time of construction of any individual family mausoleum in Building Site "H ", one (1) 48 -inch box tree shall be planted at side or rear elevation and one additional 36.-inch box size tree shall be planted adjacent to the front elevation of the structure as indicated in Exhibit "D" of the draft First Amendment. 10. Prior to the issuance of a certificate of occupancy of any individual family mausoleum, additional trees, if needed, would be planted to screen the constructed family mausolea in Building Site "H" from the ground floor views of the residential properties immediately adjacent to the subject site. A letter of support from the Spyglass Hill HOA is attached as Exhibit 5 Pacific View Memorial Park August 9, 2007 Page 7 of 14 Existinq Approval The 45 -acre Pacific View is divided into 11 areas (Area 1 through 11). A majority of these areas contain precise building sites (Building Site A through H) where above- ground structures such as community mausolea, family mausolea, columbaria and/or estate gardens with above -grade memorials and garden walls could be built. Area 8, the subject of this application, is approximately 2 acres in size, undeveloped and located in the southeast portion of the cemetery which is directly adjacent to the intersection of Vista del Mar Drive and Palm Canyon Drive. Within Area 8 is Building Site "H ". Per the Development Agreement, Building Site "H" is approved to be developed with a 7,200 square -foot community mausoleum of 24 feet maximum in building height. The rest of Area 8 is to be developed with ground burials. DISCUSSION Analysis General Plan — Land Use Element The proposed project is consistent with the Land Use Element of the General Plan, which designates the property as Private Institutional (PI) with development limit of 30,000 square -feet for administrative office and support facilities, 121,680 square -feet for mausolea and 12,000 square -feet for garden crypts. The PI designation is intended to provide for privately -owned facilities that serve the public, including places for religious assembly, private schools, healthcare facilities, cultural institutions, museums, yacht clubs, congregate homes and comparable facilities. The existing Pacific View Memorial Park is a privately -owned cemetery with no changes proposed to the land use designation. The proposed 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 proposed project would result in a decrease of the Pacific Views 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. Visual Simulations Visual simulations were prepared to represent views to the previously- approved community mausoleum and the proposed family mausolea with and without landscape 63 Pacific View Memorial Park August 9, 2007 Page 8of14 screening. These viewing stations for the simulations are at two (2) different locations: at the subject property lines adjacent to the residential properties of 5 Monterey Circle (Exhibit 6) and at 1 Little River Circle (Exhibit 7). The simulations indicate the proposed family mausolea would not be visible to the residents residing along the cemetary's northeast and southeast properties. Given the distance from the nearby residences and with proposed landscape screening, the view to the proposed family mausolea does not represent a negative impact. In addition to the visual simulations, pictures were taken from the residences of 1, 2, 3,& 4 Twin Lakes Circle and 1, 3, 7, 9 & 11 Monterey Circle looking straight to Building "H ", Area 8 of the Pacific View (Exhibit 8). Zoning Code 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. Required findings for approval of the Use Permit must be made in accordance with the provisions of Chapter 20.91 of the Municipal Code. All development regulations of the GEIF Zoning District and conditions of approval of the Use Permit would be met. The applicant is proposing following proposed changes to Building Site "H" of Area 8: Building Site "H" Allowed Under Current Use Permit & Development Proposed Changes Agreement Estate 1 Community Mausoleum 6 Family Gardens Mausolea (Ground Burials) Garden walls Maximum Height 24 feet 15 and 17 feet & memorials - 3 feet 2 @ 264 s.f. (12x22) each Maximum Floor Area Allowed 7 200 square feet (60x120) 4 @ 374 s.f. NIA (17x22) each 2 024 s.f. total 54 Pack View Memorial Park August 9, 2007 Page 9 of 14 Use Permit Findings Section 20.91.035(A) of the Zoning Code requires the Planning Commission to make certain mandatory findings for the approval of a use permit. These findings are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and `he purposes of the district in which the site is. located. The existing Pacific View Memorial Park is a privately owned cemetery which is a permitted use in the Private Institutional (PI) General Plan Land Use Element designation and consistent with the purpose of the GEIF Zoning District. An approval of a use permit in accordance with the provisions of Chapter 20.91 is required since Pacific View is proposing to change the development allocations within Building Site "H" of Area 8. The proposed changes are site - specific, within the existing cemetery and, therefore, would not cause any land use conflict or inconsistency with the surrounding area. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the District in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. The proposed Project is consistent with the Land Use Element of the General Plan, with a maximum, permitted development allocation for Pacific View 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. The PI designation is intended to provide for privately -owned facilities that serve the public, including places for religious assembly, private schools, healthcare facilities, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The proposed project presents no conflict with the policies of the General Plan. All development regulations of the GEIF District would be met, including structure height limitations and development limits. It is staffs opinion that the proposed project will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City due to the following: • The overall building mass and the total building floor area for Building Site "H" would be reduced from 7,200 square feet to 2,024 square feet, a 72 percent reduction in floor area. 55 Pacific View Memorial Park August 9, 2007 Page 10 of 14 • The overall structure building height would be reduced from 24 to 17 feet. • By reducing the total number of casket spaces available from approximately 1,200 in the community mausoleum structure to approximately 280 for six (6) family mausolea and for estate gardens, funeral services and related activities would be reduced significantly. • The family mausoleum building envelopes would spread across an area larger than the current Building Site "H ". This would allow for additional landscaping around each building envelope to integrate and buffer each from surrounding views. • Additional landscaping would be provided within Building Site "H ". Two (2) 36 -inch trees would be planted on the slope around each of the family mausoleum building envelopes. The trees would be planted within twelve (12) months of the effective date of the project approval or prior to the issuance of a building permit for the first structure, whichever is earlier. At the time of construction of any family mausoleum, one (1) 48 -inch box tree would be planted at side or rear elevation and one additional 36 -inch box tree would be planted adjacent to the front elevation of the structure. Prior to the issuance of a certificate of occupancy for any individual family mausoleum, additional trees, if needed, would be planted to screen the subject structure from the ground floor views of the residential properties immediately adjacent to the subject site. • The family mausolea would be constructed in a considerably shorter time frame than the community mausoleum construction period. Since the family mausolea are mostly prefabricated, there would be more of an assembly operation rather than the on -site community mausoleum construction which consists of concrete forming, pouring and stripping operation, including the use of concrete pumps and booms that have more construction impacts to the nearby residents. • The estate gardens are ground burials similar to other areas in the cemetery with stone walls and above -grade memorials not exceeding 3 feet in height. 3. That the proposed use will comply with the provisions of this code, including any speck condition required for the proposed use in the district in which it would be located. The Use Permit presently entitles the applicant to develop the cemetery consistent with the approved development plans attached to the Development Agreement. Mausoleum structures housing crypts and estate gardens are currently allowed on -site and have been constructed in areas adjacent to the project building site. Pacific View has developed the cemetery in a manner to satisfy mitigation measures and has implemented conditions of approval as adopted in the Use Permit and Development Agreement. The Use Permit and Development Agreement currently allow for a maximum 7,200 square -foot (60'x120') community mausoleum with maximum building 5(O Pacific View Memorial Park August 9, 2007 Page 11 of 14 height of 24 feet in Building Site "H ", and for Area 8 to be improved with ground burials, in a manner consistent with a cemetery. The nearest proposed family mausoleum building envelope would be located a minimum of 190 feet from the southeast property line of the nearest residences and 390 feet from the easterly property line of the nearest residences. The finished floor elevation would be approximately 80 feet below the nearest residence to the southeast and approximately 70 feet below the easterly residences. The current maximum family mausoleum structure allowed by the Use Permit and Development Agreement in other areas of the cemetery is 15 feet in height, 22 feet in width, and 12 feet in depth. For Building Site "H" only, the applicant proposes four (4) building envelopes to be at 17 feet in height, 22 feet in width and 17 feet in depth and two smaller structures at 15 feet in height, 22 feet in width, and 12 feet in depth. The proposed project, if approved, would be included with specific conditions for the development of Building Site "H ", Area 8. Development Agreement Amendment The purpose of the Development Agreement is to enable Pacific View Memorial Park to Master Plan the build -out of the property based on internment and funeral service needs of the community, while minimizing the impact of the build -out on the adjoining residences. The Development Agreement contains 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 the Park and the nearby residents. The term of the existing Development Agreement is for a period of twenty (20) years with an automatic 10 -year extension if at the expiration of the initial 20 -year term Pacific View has not completed all of the development authorized in the Development Agreement and is in the 12" year of the 20 -year term. To date, the Park has made the following improvements: The existing Development Agreement requires that Area 8 be developed with flat marker ground burial and be maintained in a manner consistent with the existing "park like" development. Building Site "H" is to be developed with a 7,200 square -foot community mausoleum. If approved, the overall square footage allowance for community mausolea will be reduced from 121,680 to 114,480 square feet. There would be no increase to the family mausoleum allotment as the applicant is proposing 5A Total Built to Allowed Remaining Date Administration Building 30,000 s.f. 10,317 s.f. 19,683 s.f. Community Mausoleum 121,680 s.f. 91,174 s.f. 30,506 s.f. Garden Crypts & Family Mausoleum 12,000 s.f. 11,412 s.f. 588 s.f. The existing Development Agreement requires that Area 8 be developed with flat marker ground burial and be maintained in a manner consistent with the existing "park like" development. Building Site "H" is to be developed with a 7,200 square -foot community mausoleum. If approved, the overall square footage allowance for community mausolea will be reduced from 121,680 to 114,480 square feet. There would be no increase to the family mausoleum allotment as the applicant is proposing 5A Pacific View Memorial Park August 9, 2007 Page 12 of 14 to extract the square footage from the approved family mausoleum development limit of 12,000 square feet. Attached with the staff report for Planning Commission consideration is the proposed First Amendment to the Development Agreement (Exhibit 9), which includes proposed changes to the applicable sections and added language for the proposed landscaping. This document has been reviewed by the City Attorney's Office for code compliance and accuracy. Environmental Review An Initial Study /Negative Declaration (ND) has been prepared by Dudek for the project as originally submitted by the applicant in compliance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document is attached as Exhibit 10 and identifies ten (10) issue areas with "less than significant impact" determinations. Those issues are: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology & Water Quality, Noise, Transportation/Traffic, and Utilities and Services Systems. No significant impacts are identified based upon a comparison of the proposed project with the established thresholds of signifcant. As result, no new mitigation measures have been identified. Those mitigation measures from the 1995 adopted Initial Study /Negative Declaration (Exhibit 11) which are applicable to this project are referenced in the ND as part of the environmental analysis. The ND was circulated for a 20 -day public review, between April 6 and April 26, 2007. Staff received comments from the nearby residents but none were environment impact - related. The residents' concerns have been discussed under the Concerns of Residents Section. The modifications to the submitted application requested by Pacific View address the concerns raised by the nearby residents and are consistent with the project characteristics analyzed in the ND. As a result, no further review or amendment to the ND is necessary. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. CONCLUSION Staff believes that findings necessary for project approval can be made. The Use Permit application does not include the introduction of new uses inconsistent with the 5� Pacific View Memorial Park August 9, 2007 Page 13 of 14 land use designation of the site. The request to develop six (6) family mausolea within Building Site "H ", Area 8 in lieu of a larger community mausoleum should not prove detrimental to the adjacent residential properties given the smaller building mass and size of the proposed six (6) family mausolea, the placement of these structures which is considerably below the existing established grade of the adjacent residents, the proposed setbacks of these structures, and the additional landscaping to screen these structures from the ground floor views of the nearby residential properties. The estate gardens would be adequately screened from the nearby residents by virtue being constructed into the slope supported by- retaining walls with no monuments, fences, gates or other elements exceeding the top height of the estate garden walls. In conclusion, staff believes that the project implementation as described will be adequately controlled through the conditions of approval stated in the Use Permit and First Agreement, such that the project will not be detrimental to the neighborhood of the City. ALTERNATIVES 1. If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's requests, the Planning Commission should direct staff to prepare findings and a resolution denying the requests and return at the next Planning Commission meeting date with such resolution for adoption; or 2. The Planning Commission may suggest specific project modifications that are needed for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. Prepared by: Exhibits Submitted by: MINIMAL, et Draft 1. .. ,. 2. nmQI0PMA13t .. raradents - .. 5. _ _•. • es fFerq 6 Monterey GiFele. 7. Mew 8imulatien Phetes #eFn 1 Little Riyer GiFele 8. Pietwfes taleen ffem adjaeent 0R Pacific View Memorial Park August 9, 2007 Page 14 of 14 'Y - - ' ■ ' -.- .. .. - WOMM . •■ 'Distributed separately due to bulk. The entire document is available in Planning Department. �6 ATTACHMENT F DEVELOPMENT AGREEMENT STATUS REPORT ut Lan dscape A.ch it ecture MEMO DATE: March 27, 2007 TO: Rosalind Ung City of Newport Beach FROM: Michael Green/Randy McDaniel RE: Pacific View Memorial Park Development Agreement Status Report We have the following response to the status update request by the city. 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 Drilline and Engraving 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 A family mausoleum was constructed in 2004. A proposed family mausoleum is to be constructed in 2007/2008 in Building Site D in conformance with the Development Agreement and applicable building codes. These plans are about to be submitted to plan check. 3.2.3 Total Entitlement Allowed and Remaining Tenth year of Development Agreement recap 63 March 27, 2007 Ms. Rosalind Ung Page 2 Up to two (2) community mausolea are expected to commence construction in 2007/2008. Both mausoleums will start and end construction in the required nine (9) month period. The last community mausoleum was completed in 1997. 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 (3 1) 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 Landscaving 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 but is anticipated for cemetery development in 2007/2008. b. Other Building Sites — Pacific View is in full compliance with the provisions of this section. Building Site G is anticipated to continued phased garden development in 2007/2008. ko� Total Built to Allowed Remaining Date Administration Building 30,000 s.f. 10,317 s.f. 19,683 s.f. Community Mausoleum 121,680 s.f. 91,174 s.f. 30,506 s.f. Family Mausoleum 12,000 s.f. 11,412 s.f. 588 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. Up to two (2) community mausolea are expected to commence construction in 2007/2008. Both mausoleums will start and end construction in the required nine (9) month period. The last community mausoleum was completed in 1997. 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 (3 1) 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 Landscaving 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 but is anticipated for cemetery development in 2007/2008. b. Other Building Sites — Pacific View is in full compliance with the provisions of this section. Building Site G is anticipated to continued phased garden development in 2007/2008. ko� March 27, 2007 Ms. Rosalind Ung Page 3 C. Ground Burial Outside of Building Sites 1) Developed Areas 1 to 11 Pacific View is in full compliance with this section. The remainder of Area 10 was developed into lawn area in early 1997. The remainder of Area 11 was developed in 2006. Area 8 remains undeveloped and is anticipated for cemetery development in 2007/2008. MG /sg m=03 -27 -07 06- 112.30 t,5 ATTACHMENT G VIEW SIMULATION PHOTOS FROM 5 MONTEREY CIRCLE 611 f .•\ !� 43 IN �y w wry t, AL • �s - 7-��N r / G.cf� 1r r ' ' SAN JOAOIA� I / 0 v Q g zm m r ,nn m tV %0 O W A < pz �r 4 Pacific View Community /Family Mausoleum Original View Memorial Park 5 Monterey Circle U E 0 Pacific View Family Mausoleum Finished View Memorial Park 5 Monterey Circle ATTACHMENT H VIEW SIMULATION PHOTOS FROM 1 LITTLE RIVER CIRCLE `f 'k 0 4h AV OW "{` \ Ak • 'r f � � z t , n •��YYii CC • Sy�� / � C D < m m . - a i .- -ti..�► __erg _ vJ• ` I Y I- 5AN JOAOtNN MLLS RD � 0 0 0 d�w� � ' - � � ` f1YO � Lys <� • � _ -_. -- Pacific View Community Mausoleum Transparency View Memorial Park 1 Little River Circle tiµ •..k: x. '.'i5i'w°s .�^ " - �_,.,. Pacific View Community Mausoleum Finished View Memorial Park 1 Little River Circle v Pacific View Community /Family Mausoleum Original View Memorial Park t Little River Circle 17; WW9P -g r pt R M Pacific View Family Mausoleum Finished View Memorial Park 1 Little River Circle � • r Pacific View Memorial Park Family Mausoleum Transparency View 1 little River Circle ATTACHMENT I PICTURES TAKEN FROM ADJACENT RESIDENCES q�� w! {. 0 OIlk I -ALI# �1 It Ilkr 1 •. cb `� 44TLC V ( w A ON • �. to \ i `�/ �4 A g� y 43TLC - a. ;yjimc -10 .. S NpNT�RET C B i °•• `` A'r • a �\ r :.� �. 40 10 3M•c oul�.•� ,/AMC`: f � _ ^' e'; • [;;. t: JOAQUIN HILLS FP 1 lib 0 A o c ?A C r Z (j � m O O ° °v N V _ � z A f: _ t. a�� 3,41 l .. •" Pacific View VIEW FROM Memorial Park 4 TWIN LAKES CIRCLE �ro i Pacific View VIEW FROM Memorial Park 2 TWIN LAKES CIRCLE ,y Pacific View Memorial Park . ••tiqpql§M A. '4 VIEW FROM 1 TWIN LAKES CIRCLE (1 � t M Pacific View VIEW FROM Memorial Park 3 TWIN LAKES CIRCLE 0 4 v� •.y And Pacific View VIEW FROM Memorial Park I I MONTEREY CIRCLE r � s ZI- lots or, Y A "*Aki r Pacific View VIEW FROM Memorial Park 7 MONTEREY CIRCLE W. .W -- -� y i i Pacific View VIEW FROM Memorial Park 3 MONTEREY CIRCLE UM I1�t i � . �;:.,, s .-ems• :.' : f'.- ;«w.: • :J " -- ". -. -, ," � _.► - ,�.- �- .'�. ilk Pacific View VIEW FROM Memorial Park i MONTEREY CIRCLE .a i W _ oil .1 � % �. ATTACHMENT J DEVELOPMENT AGREEMENT NO. 7 6 eimm umL awm m Recording Requested By and • When Recorded Return to: City Clerk City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 DI # 95 =0'9?5 '3' 08— SEP_1995 Recorded b Official Records of Grame C00RtY: �riiiFarR2a Gary L. Gramille? Clerk.- Recorder Page 1 of 55 Fees: $ C.0 .a QA �n RECEIVED SEP 28 1995 CRY CLERK DEVELOPMENT AGREEMENT Vic% p¢wvoRr BEACH BETWEEN THE CITY OF NEWPORT BEACH • PACIFIC VIEW MEMORIAL PARR • BSHZOBD4.WP .04 Approved July 10 . 1995 Ordinance No. 95- 26 11 1.. t / `�'k • r�L • 0 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement ") is entered -Ento between the City of Newport Beach (the "City "), and Pierce Brothers, a California corporation doing business as Pacific View Memorial Park ( "Pacific View ") with respect to the updated master plan for development of Pacific View Memorial Park. RECITALS. This Agreement relates to the following: 1.1 Purpose of Aareement. This Agreement is intended to: (a) Enable Pacific View to update its master plan for the buildout of the Property by obtaining the City's review and approval of updated design parameters for new or additional facilities at Pacific View Memorial Park consistent with the currently anticipated interment and funeral service needs of community members, which have changed over the years. (b) Minimize the impact of the buildout on adjoining residents by establishing strict, binding limits on the amount, height and location of permitted development as well as ensure compliance with numerous conditions on the timing of construction, the design of structures, and landscaping of the property. (c) Benefit the parties, nearby residents and the general public by serving as the primary legal means of vesting Pacific View's right to develop the property ensuring continued compliance with conditions on development that are intended to mitigate the impact of construction on nearby residents and doing so with a level of certainty that will minimize the potential for disputes in the future. 1.2 Authorization. This Agreement is authorized by, and is consistent with, the provisions of Section 65864 et seq. of the Government Code of the State of California, and Chapter 15.45 of the Newport Beach Municipal Code. 1 C' -acs • 1.3 Interest of Pacific View. Pacific View is the owner of approximately forty five (45) acres of real property located in the City and more particularly described in Exhibit "A" and depicted in Exhibit "B" (the "Property "). 1.4 Development of the Property. This Agreement grants Pacific View the statutory and contractual vested right to develop the Property during the Term of this Agreement consistent with the Pacific View Memorial Park's technical site plan (the "Technical Site Plan) attached as Exhibit "C ", subject to compliance with the conditions and mitigation measures set forth in Section 3 with respect to Mitigated Negative Declaration (the "Negative Declaration "), General Plan Amendment No. 94- 1(F) ( "General Plan Amendment "), and Use Permit No. 3518 ( "UP "), Site Plan Review 069) (collectively, the "Discretionary Approvals "), as well as the additional conditions relating to public benefit set forth in Section 4 and other portions of this Agreement. 2 �a'� 1.5 planning Commission /City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider the • Discretionary Approvals on February 23 and March 9. The hearings were continued to April 20 to enable the circulation of an additional Negative Declaration and supplemental public notice regarding potential changes to Pacific View's Technical Site Plan requested by the Planning Commission, as well as notice regarding the potential Development Agreement which the Commission desired to consider. On April 20, after conducting further hearings regarding the Discretionary Approvals and the draft Development Agreement, and after further conditioning and modifying the Technical Site Plan, the Discretionary Approvals and the Development Agreement, the Planning Commission directed the preparation of approval resolutions, findings, conditions, and documents in accordance with the revised Technical Site Plan prepared by Pacific View to be prepared for its May 4 meeting. On May 4, after conducting further hearings, and after further conditioning and modifying the Technical Site Plan, the Discretionary Approvals and the Development Agreement, the • Planning Commission voted to recommend approval of the same. The City Council conducted public hearings on the Technical Site Plan, Discretionary Approvals and this Agreement on 2 �a'� June 12 and 26, 1995. The City Council • approved this Agreement on July 10, 1995. 1.6 Consistency. This Agreement is consistent with the various elements of the Newport Beach General Plan (as amended by the General Plan . Amendment), and other applicable ordinances, plans, and policies of the City. This Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents comprehensive planning, provides certainty in the approval of subsequent construction subject to compliance with conditions, reduces the economic costs of development by providing assurance to Pacific View that it may use and develop the Property in accordance with the Discretionary Approvals subject to compliance with the terms and conditions hereof, and provides assurance to adjoining property owners that restrictions and conditions designed to mitigate the impact of development, such as restrictions on the height, location and number of building envelopes will remain in full force during the term of this Agreement or, in the case of the prohibition against interments in, • and the landscaping and maintenance of, the buffer zone, survive the expiration or termination of this Agreement. 1.7 Police Power. The City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.8 City Ordinance. On July 10, 1995, the City Council adopted Ordinance No. 95 -26 approving this Agreement and authorizing the City to enter into this Agreement. The Adopting Ordinance will become effective on August 9, 1995. 2. DEFINITIONS. 2.1 The "Adopting Ordinance" refers to City Ordinance No. 95 -26, adopted on July 10, 1995 • by the City Council, which approved and authorized the City to enter into this Agreement. 3 2.2 " Aareement" refers to this Development • Agreement between the City and Pacific View. 2.3 "Periodic Review" refers to the review of Pacific View's good faith compliance with this Agreement and conditions on development as set forth in Section 6. 2.4 The "_Approval Date" means the date on which the City Council voted to adopt the Adopting Ordinance. 2.5 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases, and assignments. 2.6 "CEQA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guidelines promulgated by the Secretary of Resources of the State of California, including any amendments adopted subsequent to the Effective Date. 2.7 "City Council" refers to the City Council of • the City. 2.8 "Cure Period" refers to the period of time during which Default may be cured pursuant to Section 9.1. 2.9 A "day" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.10 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Pacific View Default" refers to a default by Pacific View. 2.11 "Discretionary Approvals" shall collectively mean the Negative Declaration, General Plan Amendment, Use Permit, and Site Plan Review. 2.12 The "Effective Date" refers to the effective date of the Adopting ordinance and is the effective date of this Agreement. 2.13 An "Estoppel Certificate" refers to the document certifying the status of this Agreement required by Section 6.5 in the form • of Exhibit "G". 4 ME 2.16 'Future General Remulations" means those General Regulations adopted by the City after the Approval Date. 2.17 "General Regulations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and /or construction within the City and include, Uniform Building Codes and water and sewer connection and fee ordinances. 2.18 "General Plan" refers to the City's General Plan (as amended by the General Plan • Amendment), plus all amendments to the General Plan adopted by the City on or before the Approval Date and effective prior to the Effective Date. E n L� 2.14 An "Exhibit" refers to an exhibit to this • Agreement. All Exhibits are incorporated as a substantive part of this Agreement. The Exhibits to this Agreement are: Exhibit A: Legal Description of the Property Map Exhibit B: Map of Property Exhibit C: The Technical Site Plan Dated July 10, 1995. Exhibit D: Preliminary Landscape Plan Dated July 10, 1995. Exhibit E: Building Site G Section Diagrams Dated July 10, 1995. (Reference points: Lots 19, 21, 23 & 28) Exhibit F: Building Site E & H Section Diagram Dated July 10, 1995. (Reference point: Lot 7) Exhibit G: Estoppel Certificate • Exhibit H: Restrictive Covenant Exhibit I: Garden of Valor Improvement Plans Dated July 10, 1995. 2.15 "Existing General Regulations" means those General Regulations approved by the City on or before the Approval Date (irrespective of their effective date) and not rescinded or superseded by City action taken on or before the Approval Date. 2.16 'Future General Remulations" means those General Regulations adopted by the City after the Approval Date. 2.17 "General Regulations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and /or construction within the City and include, Uniform Building Codes and water and sewer connection and fee ordinances. 2.18 "General Plan" refers to the City's General Plan (as amended by the General Plan • Amendment), plus all amendments to the General Plan adopted by the City on or before the Approval Date and effective prior to the Effective Date. E n L� • 2.19 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to." 2.20 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale - leaseback agreement, or other transaction whereby the property is used as security for a.loan. 2.21 "Notice" refers to any written notice or demand between the parties required or permitted by this Agreement. 2.22 The "Parties" refers to the City and Pacific View and "Party" refers to either of the Parties. 2.23 "Planning Commission" refers to the Planning Commission of the City. 2.24 "Project Specific Approvals" includes, but is not limited to all specific permits, approvals, subdivisions maps, authorizations and licenses which are required by the Existing General Regulations and which may be requested by • Pacific View in order to enable Pacific View tc alter, improve, develop, and utilize the Property in accordance with the Technical Site Plan and the Discretionary Approvals and the terms and conditions of this Agreement. 3. UNDERLYING DISCRETIONARY APPROVALS. The City Council's approval of the Discretionary Approvals and this Agreement is subject to compliance with the numerous conditions and mitigation measures contained in the Discretionary Approvals which are designed to mitigate (to less- than - significant - levels) or eliminate potentially significant adverse effects of the complete development in accordance with the Technical Site Plan, and which ensure the health, safety, and welfare of nearby residents as well as Pacific View's patrons, visitors and employees. The conditions and mitigation measures imposed in conjunction with the discretionary approvals are described in Sections 3.1 through and including 3.3. 3.1 Negative Declaration Mitigation Measures 1. $lif#er Area Requirements. a. .. Provision of Buffer Area. A landscaped • buffer area (the "Buffer Area ") shall be provided as depicted on Exhibit C and Exhibit D along the eastern property line 6 �O • adjacent to residential properties. No structures, public roads, walkways, walls (other than retaining walls and existing underground utilities), ground internments or other form of burial, preservation of remains, plaques, memorials or monuments of any kind shall be permitted within the Buffer Area. b. Covenant and Agreement. Prior to the issuance of any building or grading permit for any development permitted by this Agreement (except any permit required to complete the improvements required by Section 4.4) Pacific View shall execute and record the covenant attached as Exhibit H, which ensures that the Buffer Area required by this Agreement shall be maintained in perpetuity subject to Pacific View's right to encroach into the Buffer Area, and to remove and /or disturb Buffer Area landscaping and irrigation. Pacific View's right to encroach into, or remove and /or disturb a portion of, the Buffer Area is subject to the following: • 1. The encroachment, disturbance, or removal shall only be to the extent reasonably necessary to accommodate construction within Building Sites.E and G; and 2. Pacific View is required to restore the Buffer Area, including landscaping and irrigation, to its condition prior to the encroachment, disturbance or removal as soon as possible after the encroachment is no longer necessary to accommodate construction activities. Pacific View shall have the right to enter onto the Buffer Area as necessary or appropriate to repair or maintain the integrity of any slope. C. Butter Area Landscaping /Irrigation System. The Buffer Area shall be landscaped and improved with an irrigation system. Except for slope areas, the Buffer Area shall be • provided with a below ground permanent irrigation system. Slope areas shall be improved with an above- ground irrigation system consisting of U.V. resistant PVC 7 ca"V • piping. The landscaping shall be installed in accordance with a final landscape plan prepared by a licensed landscape architect which has been approved by the Planning Director and which fully complies with the preliminary landscape plan attached as Exhibit D (the "Final Landscape Plan "). The Final Landscape Plan submitted by Pacific View shall depict location of planting, the minimum number of planting required, and the type and size of plantings such that, in comparison with the Preliminary Landscape Plan, there will be the same screening of Community Mausolea and Building Sites E, D, F, G and H from the perspective of ground floor views from existing residences adjacent to the eastern property line consistent with the 430 foot mean sea level elevation limitation in the "Height Limitation Area" designated on the Technical Site Plan (Exhibit C). d. Installation of Landscapin4 and Irri4ation. The installation of all • required Buffer Area landscaping and related irrigation shall be initiated as described by Section 4.6 of this Agreement, but prior to issuance of building permits for the construction of the remaining phase of Sunset Court in Building Site G. Except as provided in Section 4.6 of this Agreement, the remainder of landscaping and related irrigation shall be installed during the individual Community Mausolea projects. All landscaping within the "Height Limitation Area', designated on Exhibit C of this Agreement shall be maintained by Pacific View at or below 430 feet elevation above mean sea level in such a way so as to preserve night light, water and mountain views from existing residences. e. Slopes. (1) Slopes within the Buffer Area behind Building Site G shall conform to the sections depicted in Exhibit E to this Agreement. • (2) Slopes within the Buffer Area behind Building Site E adjacent to Lots 6, 7, and 8 shall conform to the sections depicted in Exhibit F to this Agreement. (3) Slopes behind the new Community Mausolea in Building Site H shall conform to the sections depicted in Exhibit F to this Development Agreement. 2. Height Limit. All structures shall comply with the 28/32 -foot height limitation measured from the elevations set forth in Exhibit C of this Agreement. In 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. Zemporary 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. Mausoleum Design. All roofs, eaves and facias of new garden crypts and community mausolea shall be constructed of material, color, texture, thickness and pitch to blend with, and complement, the architectural style of the original structures within the park (e.g., Lagunita and Palm Courts). Blank walls of Community Mausolea in Building Sites E, G, and H shall be screened in accordance with the Final Landscape Plan. Maintenance Of Developed /To Be Developed Areas. All landscaping currently installed, or to be installed, on the property shall be irrigated and maintained. 6. Maintenance of Undeveloped Areas. The undeveloped areas of the Property shall be maintained free and clear of trash and debris. Grass and weeds shall be mowed no less than semi - annually_, • 7. Declaimed water Connection. All existing and proposed irrigation systems shall be connected 0 R (31 • 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. Light and Glare. The Building Director shall not issue any permit authorizing the installation of any lighting system unless the system is designed, directed and maintained to conceal the light source from, and to minimize light spillage and glare to, the adjacent residential uses to the extent reasonably feasible. The Building Director's determination of feasibility shall be based upon plans prepared and signed by a licensed architect or electrical engineer accompanied by a report explaining why any remaining glare or light spillage cannot feasibly be eliminated or further reduced. 9. 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. 10. Drilling and Engraving. All drilling and engraving of crypt markers shall be done in enclosed areas or at a sufficient distance from residential properties so as to cause no discernible increase (any increase in noise levels of 3 DBA or more shall be considered discernible) in ambient noise levels at any residential property line. 3.2 Use Permit No. 3518 Conditions. Exhibit C depicts the.approximate size, configuration and location of building envelopes for future Community Mausolea to be constructed within the Property. Community Mausoleum shall mean any mausoleum building or crypt wall structure containing interment spaces capable of accommodating casketed remains, and which are available to the public at large. Future Community Mausolea shall be permitted only in Building Sites A, C, E, G & H and within the Building Envelopes specified on the Technical Site Plan (Exhibit C). • 2. The plan also depicts Building Sites within which Family Mausolea or Columbaria may be developed. "Family Mausolea" shall mean a 10 1 �9L • mausoleum building or above ground crypt containing casketed remains which are owned and privately used by any individual or family. Columbaria shall mean any building or structure used or intended to be used for the interment of cremated human remains. Pacific View's ability to construct Family Mausolea or Columbaria on the Property shall be limited as follows: a. Family Mausolea and Columbaria shall not exceed 12 feet in depth, 22 feet in width and 15 feet-in height; provided, however, in Building Site G, Family Mausolea and Columbaria shall not exceed 14 feet in height. . b. Family Mausolea and Columbaria shall be permitted in Building Site D. C. Family Mausolea and Columbaria shall be 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 Community Mausoleum (as opposed to crypt walls) building envelopes depicted on the • Technical Site Plan (Exhibit C). d. The Columbaria and related construction, including flag poles and flat work depicted on Exhibit I to this Agreement shall be permitted in the Garden of Valor subject to compliance with, and the payment of the penalty provided in, the Uniform Building Code. The improvements described in Exhibit I are the only improvements permitted in the Garden of Valor. Pacific View shall plant box trees to provide screening of Garden of Valor improvements from residences adjacent to the eastern and southern boundaries of the property. e. Family Mausolea and Columbaria are prohibited on the Property except in those areas expressly permitted pursuant to this Section (3.2 a - c) . 3. The General Plan Amendment and Technical Site Plan provides for a maximum 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. Square footage for Columbaria, if 11 • any, shall be deducted from Community or Family Mausolea allotments at Pacific View's option. The allotments described in this subsection include development on -site as of the date of this Agreement. As described in Section 4.1, overhangs, eaves, walkways, and similar architectural features and improvements shall not be counted against permitted square footage. 4. No roads or driveways shall be located closer to adjoining residential areas than depicted on the Technical Site Plan (Exhibit C). The existing extension of Pacific View Drive adjacent to the southerly side of Area 12 (contiguous and adjacent to the south side of Building Site F) shall be removed prior to the commencement of construction in Building Site G. 5. Except as provided in Section 4.8, 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. Prior to the issuance of any grading or building permits, Pacific View shall submit a hydraulic study for review and approval by the Public Works Director. Any modifications or extensions to the existing storm drain system shown to be required by the study shall be the responsibility of, and constructed by, Pacific View. Drainage facilities required of Pacific View must be approved by the Public Works Department and must be designed so as to not cause flooding of, or drainage of water onto, the adjacent City Reservoir Site. 8. The temporary building currently used as a sales office shall be allowed for a period of two (2) years from the Effective Date, unless otherwise extended by the Modifications Committee. At such time as the applicant's use of the temporary building ceases, the building shall be . removed from the site..... 12 • 9. Prior to the issuance of building permits for any Community Mausoleum, Family Mausoleum, Family Mausolea, or Columbaria, the location of such structures shall be reviewed with the Planning Director or his /her designee, to ensure compliance with the approved plans. 10. Minor Adjustments. Given the extended period of years over which the Property will be developed, it is understood that mRinor adjustments in the location or configuration of the Community Mausoleum, Family Mausolea or Columbaria may occur, gnd 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 the Discretionary Approvals or this Agreement, such minor adjustments shall be permitted with the approval of the Planning Director provided that they are substantially consistent with the building envelopes, and at or below the building height limits, shown on the Technical Site Plan (Exhibit C). 3.3 Site Plan Review Conditions. • That the proposed development shall be constructed in substantial accordance with the pad elevations specified in the Technical Site Plan (Exhibit C). 4. PUBLIC BENEFITS CONDITIONS. In addition to the conditions and mitigations in Section 3 of this Agreement, Pacific View has agreed to the following conditions and restrictions contained in this Section (4) in exchange for the vested rights conferred by this Agreement. Pacific View's agreement to implement and abide by the additional conditions specified in this Section (4) during the Term of this Agreement will confer substantial public benefits. Specifically, Pacific's View's agreement to develop the Property in accordance with the following additional conditions will provide: (a) long -term certainty regarding Pacific View's development plans; (b) design controls over the cemetery which may not be otherwise available under Existing General Regulations and which are anticipated to result in the substantial screening of mausolea from the ground floor views of residences adjacent to the eastern and southern Property lines; (c) long -term development phasing which will reduce construction disturbances to nearby residences; (d) increased screening of, and roof treatment to, past development to improve its compatibility • with nearby residences; (e) commitments with respect to improvement and maintenance of certain developed and undeveloped areas; and (f) release of potential monetary claims against the City of Newport Beach related to the 13 1 �5 • 1988 General Plan Update (as set forth in Section 10 below) and subsequent acts or omissions of the City and its officers, employees and representatives prior to the Effective Date. To the extent of any inconsistency between the conditions set forth in this Section (4) and the conditions and mitigations contained in the Discretionary Approvals (as specified in Section (3)) the conditions specified in this Section (4) shall control. Building Bulk. New Community Mausolea shall be constructed in compliance with the envelopes depicted in the Technical Site Plan (Exhibit C) . The building envelopes do not depict the number or design of individual structures. In addition, the envelopes do not depict overhangs, eaves, walkways, and similar architectural features and improvements, which shall be constructed to screen Community Mausolea and are permitted to extend beyond the building envelopes shown in the Technical Site Plan (Exhibit C), provided, however eaves shall not exceed a depth of eight (8) feet and eaves on gable ends shall not exceed a depth of four (4) feet. • 2. Buildina Height. (a) Roof elevations of new Community Mausolea in Building Site G shall not exceed the heights indicated on Exhibit C. (b) Pad elevations of new Community Mausolea in Building Site G shall comply with the pad elevations indicated on Exhibits C and E. (c) Roof elevations of new Community Mausolea Building Site E shall not exceed the heights indicated on Exhibits C and F. (d) Pad elevations of new Community Mausolea in Building Site E shall comply with the pad elevations indicated on Exhibits C and F. (e) Roof elevations of new Community Mausolea in Building Site H shall not exceed the heights indicated on Exhibits C and F. (f) Pad elevations of new Community Mausolea in Building Site H shall comply with the pad elevations indicated on Exhibits C and F. • 3. Architectural Character. The architectural character, roof - treatment and finishes of new Community Mausolea shall be generally consistent 14 /0- 0 • with the architectural character, roof treatment and finishes of the existing Lagunita and Palm Courts Community Mausoleum. 4. Increased Screening of Sunset Court. Within sixty days after the expiration of the Statute of Limitations for any challenge to this Agreement or the Discretionary Approvals, and assuming no legal challenge has been filed, Pacific View shall commence, and thereafter diligently pursue to completion, the following landscaping and roof treatment for the existing Sunset Court Community Mausolea: a. Installation of thirty (30) fifteen - gallon shrubs to be added to the existing slopes surrounding the Sunset Court Community Mausoleum; b. Ten (10) thirty -six inch box size trees shall be planted in the turf courtyard of the Sunset Court Addition (the trees selected shall be of a species not expected to exceed the 430 foot mean sea level height limitation restriction); and • C. The Sunset Court Addition roof will be enhanced with colored ornamental rock which complements the color of the structure. 5. Phasing. Pacific View may develop the Community Mausolea in Building Sites E, G, and H in one or more phases. For the purposes of this Agreement a "phase" shall mean the construction of one or more Community Mausolea structure(s) within one or more of the Building Envelopes shown on the Technical Site Plan (Exhibit C). The first phase shall include the completion of Sunset Court within Building Site G (but may, in Pacific View's discretion, also include one or more additional Community Mausolea in Building Site G). A minimum period of thirty (30) months shall be required to have elapsed between the completion of construction of any phase and the initiation of construction of any subsequent phase. Construction of each phase shall be completed within nine months of the commencement of construction. • Subject to the requirement that Pacific View commence the additional screening of Sunset Court required by Section 4.4 and issuance of 15 131 • appropriate permits, construction of the first phase authorized by this Agreement may commence upon the Effective Date. The phasing requirements in this Agreement pertain exclusively to the grading and site preparation for, and construction of, new Community Mausolea and do not apply to any Family Mausolea, Columbaria or other improvement, structure, or appurtenance of the Property. The additional screening to Sunset Court required by Section 4.4 shall not be considered a "phase" for purposes of this Agreement. 6. Buffer Zone Gradinq and Landscaping. Pacific View shall commence study and analysis of the grading and landscaping for the Buffer area and Building Sites E & G within sixty days after expiration of the applicable Statute of Limitations, assuming no legal challenge has been filed to this Agreement or the Discretionary Approvals, and thereafter apply for all necessary permits. Grading for the Buffer Area and Building Sites E & G shall be completed within six (6) months after commencement of construction of the remainder of the Sunset Court Mausoleum in Building Site G. • Pacific View shall also complete the installation of landscaping and irrigation systems in the entire Buffer Area as specified in the Final Landscape Plan within this six (6) month period. Pacific View shall be permitted to subsequently encroach into, remove a portion of or otherwise disturb Buffer Area landscaping and irrigation as specified in Section 3.1.1(B). Within six (6) months of the Effective Date, Pacific View shall plant twenty -six (26) fifteen - gallon trees within Area 8 (as shown on Exhibit C and D) designated on Exhibit C hereto. Pacific View shall not commence the construction of any Community Mausolea in Building Site H prior to four (4) years after the planting of such trees; provided, however, that Pacific View may elect to commence construction sooner than four (4) years by increasing the box -size of such trees or replacing such trees with larger box sizes as follows: Less than 3 years = 36" box Less than 2 years = 48" box Less than 1 year = 60" box • Within six (6) months of the Effective Date of this Agreement, Pacific View shall also plant five (5) twenty four inch box trees along the 16 1, • northeasterly boundary of Building Site D as shown in the Preliminary Landscape Plan. 7. Offsite Landscaping. Provided that the conditions in this Section 4.7 are met, Pacific View shall reimburse the Spyglass Hill Homeowner Association's ( "Association ") the actual and reasonable cost of: (a) purchasing and planting forty (40) fifteen - gallon shrub /trees within the common homeowner's association landscape area along the southeast boundary of Building Site E; and (b) repairing the existing irrigation system in such area as necessary consistent with the original operating characteristics of such irrigation system. Pacific View's obligation to reimburse the Association is contingent upon the Association's submittal of three bids consistent with the foregoing work description within six (6) months of the Effective Date of this Agreement. In the event the Association fails to submit the bids within the time required, Pacific View shall have no reimbursement obligation pursuant to this Section (4.7). Within ten (10) business days of receiving such bids, Pacific View shall • approve one of the bids provided that all of the bids are consistent with such work description. The total cost set forth in the approved bid shall constitute Pacific View's maximum reimbursement obligation to Association regardless of whether Association accepts the bid approved by Pacific View; but in no event shall Pacific View be obligated to reimburse more than Association's actual cost of conducting such work. In the event that Association fails to complete the work described in this Section 4.7 within twelve (12) months of Pacific View's bid approval, Pacific View shall have no reimbursement obligation under this Section 4.7; however, in the event such work is completed within the time required, Pacific View shall promptly reimburse Association the amount provided herein. 8. Mausolea Construction Hours. Notwithstanding any other provision of the Discretionary Approvals, this Agreement, or the Existing General Regulations, Community and Family Mausolea construction activity shall not commence before 8:00 a.m. Monday through is Saturday and no construction shall be permitted on Sundays or national holidays. Construction activity shall cease before 6:30 p.m. on weekdays and 6:00 p.m. on Saturday. These 17 kqq 6J 4 restrictions shall not apply to any other aspect • of Pacific View's operations. 430' Covenant. In the event that all of those property owners who are the beneficiaries of the 430 foot mean sea level covenant of light and air which burdens a portion of the Property effectuate a legally enforceable extinguishment and release of such covenant, or in the event that all of such property owners effectuate a legally enforceable modification of such covenant to permit landscaping to exceed the 430 foot mean sea level elevation in the area burdened, then Pacific View shall not oppose and will consent to a modification of this Agreement initiated by the City for the sole and exclusive purpose of allowing the landscaping which is presently restricted to the 430 foot mean sea level elevation by virtue of this Agreement to grow to such greater elevation as permitted by the covenant modification agreed to by all of the benefitted property homeowners. Notwithstanding the foregoing, Pacific View shall be under no obligation whatsoever to seek or procure the consent of any property owner to • the extinguishment or modification of the covenant, or to incur any cost or expense to obtain any required consent. Further, Pacific View shall be under no obligation whatsoever to consent to any modification of this Agreement consistent with any extinguishment or modification unless: (a) such extinguishment or modification (including, but not limited to a modification of the Development Agreement) does not seek to impose any additional conditions, obligations, restrictions, costs and /or expenses upon Pacific View other than to allow the landscaping in the burdened area of Pacific View ownership's to grow to such greater elevation as permitted by the covenant modification agreed to by all of the benefitted property owners and thereafter be maintained at such elevation; and (b) Pacific View is able to obtain an updated policy of title insurance or an endorsement to its existing policy insuring Pacific View's title consistent with the extinguished or modified covenant, and consistent with the modified Development Agreement. • 18 t� �f • • • 10. Ground Burial (a) Building Site E Except for the Community Mausoleum and Crypt Wall, Pacific View is permitted only below ground interment and the installation of plaques or memorials at or below grade in Building Site E. Pacific View shall not install pillow blocks, benches, memorials or other above grade objects (exclusive of landscaping as provided in the Final Landscape Plan and trash receptacles only as necessary). (b) Building Sites (other than Building Site E) Those portions of Building Sites which do not consist of building envelopes, or )ithin which Family Mausolea or Columbaria are not permitted by this Agreement, or if permitted, the Family Mausolea or Columbaria are not cdnstructed, shall be used only for ground burial provided Pacific View may install in such areas: (1) Aesthetically pleasing walls not exceeding three (3) feet in height measured from the highest Adjacent finished grade; (2) Above grade memorials such as benches and pillow blocks, provided the memorial does not exceed three (3) feet in height; (3) Gardens and Landscaping; (4) Complementary memorials and related architectural features which do not contain human remains and which do not exceed eight feet in height (measured from grade) subject to Building Code compliance. C. Ground Burial Outside of Building Sites (1) Developed Areas (Areas 1 -10) Those portions of the Property currently developed with ground burials (Areas 1 -10 on the Technical Site Plan - Exhibit C shall be maintained in a manner consistent 19 l q with a lawn cemetery to preserve the • existing "park like" environment of the Property. (2) Undeveloped Areas (Area 11) Area 11 as shown on the Technical Site Plan may be developed in a manner complementary to the existing improvements in that portion of Area 1 between San Joaquin Hills Road and Vista Del Mar Drive and between Building Sites C and D. 5. VESTED RIGHT TO DEVELOP. 5.1 Compliance with Existing General Regulations. Pacific View is required to comply with the Existing General Regulations. City acknowledges and agrees that the Discretionary Approvals constitute all of the discretionary entitlements, approvals and permits required by the City for Pacific View to complete the full extent of development envisioned by the Technical Site Plan and Discretionary Approvals, and that the conditions and mitigation measures set forth in Section 3 and 4 constitute all of • the conditions and mitigations to be imposed by the City in association therewith in the exercise of its discretionary authority under the Existing General Regulations. Subject to Pacific View's compliance with this Agreement, City shall process and approve applications for Project Specific Approvals consistent with the Discretionary Approvals and this Agreement in a timely manner without the imposition of additional conditions other than standard conditions and fees which are: (a) not in conflict with this Agreement; and (b) which are routinely imposed or assessed in conjunction with non - discretionary permits and approvals. As to those Existing General Regulations which require the payment of fees, costs, and expenses, Pacific View shall pay the fee, cost, or expense required as of the date on which Pacific View submits the application for Project Specific Approval. City acknowledges and agrees that no development impact fees (including, but not limited to, traffic impact fees but excluding building permit fees, plan check fees or other fees for . services) shall be required in connection with any development authorized by this Agreement or any use of the property that is not inconsistent ME I Iq • with this Agreement. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Pacific View in conjunction with the application or issuance of any Project Specific Approvals. Pacific View shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for Project Specific Approvals are submitted. Except as provided in this section (5.1), Pacific View shall not be obligated to comply with Future General Regulations, except as expressly required (as opposed to permitted) by state or federal law. 5.2 Vested Right to Develop. During the Term of this Agreement, Pacific View shall have a contractual and statutory vested right to develop the Property to the full extent permitted by this Agreement and the Discretionary Approvals and to receive all Project Specific Approvals to alter, improve and develop the Property in accordance therewith. Subject to the provisions of Sections 3 and 4 of this Agreement, City shall only take action • which complies and is consistent with this Agreement unless Pacific View otherwise delivers prior written consent to the City. Subject to the limitations on development hereunder, nothing in this Agreement is intended to limit the interment activities conducted by Pacific View. Nothing in this Agreement shall restrict Pacific View's right to perform ground interments anywhere within the Property, except within the Buffer Area, or, unless expressly restricted by this Agreement, to develop and use the Property in any manner consistent with the Existing General Regulations. 5.3 Conflicting Measures. Except as required by statutory or decisional law, the City shall not apply or enforce, as to the Property, any ordinance or initiative (including, any ordinance adopted pursuant to Health and Safety Code Section 8115), moratorium, referendum, resolution, statute, regulation, policy or other provision of law which in any way delay, limits, or restricts development of the Property to the full extent permitted by this Agreement. • 5.4 Justifiable Reliance. City acknowledges that in reasonable and justifiable reliance upon City's representations and commitments herein (in addition to City's contractual commitments 21 1. hereunder and the provisions of the Development • Agreement Act) to permit Pacific View's completion of the development in accordance with the Technical Site Plan (Exhibit C) in accordance with the terms and conditions set forth in this Agreement, Pacific View: (a) has invested, and will invest substantial sums of money and planning effort in developing the Property in accordance with the Technical Plan (Exhibit C) ; and (b) has agreed to change the land use entitlements for the Property, which enable the Property to be developed in accordance with the Technical Site Plan (Exhibit C) to be developed, but which preclude other and profitable uses that Pacific View contends would be permissible in the absence of the contractual commitments contained in this Agreement. 5.5 Construction Timing. Subject to the provisions of this Agreement and the Discretionary Approvals, Pacific View shall have the right to decide the timing, phasing, and sequencing of construction and development on the Property in its sole and absolute discretion. Pacific View shall be entitled to apply for, and receive approval of, Project Specific Approvals in a • timely manner by the City. Nothing in this Agreement shall require Pacific View to complete any or all of the development authorized by the Discretionary. Approvals and this Agreement within the Term of this Agreement. 5.6 Existinct Mausoleum Comnl ex in Rui l cli nct Ri Ye F _ Nothing in the Discretionary Approvals or this Development Agreement shall effect the right of Pacific View to maintain, and in the event of damage or destruction (whether partial or complete) , to repair and /or replace the existing mausoleum structures and other improvements located in Building Site F. 6. PERIODIC REVIEW. 6.1 Citv and Pacific View Resnon ibilitie . Without limiting the right of the City to set a public hearing in accordance with Section 9, at least every twelve (12) months during the Term of this Agreement, the City shall review Pacific View's good faith substantial compliance with this Agreement (the "Periodic Review ") . After the Periodic Review, the City's finding of good faith compliance by Pacific View shall be • conclusive for the purposes of future Periodic Reviews or legal action between the Parties. Either Party may address any requirements of the 22 0� . Agreement during the Periodic Review. However, fifteen (15) days' written Notice of any requirement which one Party intends to address shall be provided to the other Party. If, at the time of the review, an issue not previously identified in writing is addressed or is required to be addressed, then the review shall be continued at the request of either Party for a period of no more than 60 days to afford sufficient time for analysis and preparation of a response. 6.2 Public Hearing. The Periodic Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code. 6.3 Information to be Provided to Pacific View. The City shall mail to Pacific View a copy of the staff report and related exhibits concerning compliance with this Agreement a minimum of ten (10) days before the Periodic Review. 6.4 Mitigation Review. The periodic review shall include a report prepared by the Planning Director regarding Pacific View's compliance • with the various conditions and mitigation measures contained within the mitigation monitoring plan adopted in connection with the Negative Declaration. Pacific View shall be found in compliance with this Agreement and the Mitigation Monitoring Plan unless the City Council determines, based upon substantial evidence presented at the Periodic Review, that Pacific View has not complied with one, or more, of the mitigation measures or the terms or conditions of this Agreement. 6.5 Estoppel Certificate. Either Party may at any time deliver written Notice to the other Party requesting an estoppel certificate (the "Estoppel Certificate ") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) The non - requesting party has no knowledge • of any default in the performance of the requesting party's obligations under the Agreement or, if a Default does exist, the nature and amount of any Default. 23 145 • A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the city. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit G. 6.6 Failure to Conduct Periodic Review. The City's failure to conduct a Periodic Review shall not constitute or be asserted by the City as Pacific View's Default, or asserted by Pacific View as a waiver of a Pacific View Default. 7. CGI RAL PROVISIONS. 7.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law and /or the Newport Beach City Charter. • 7.2 Term of Agreement. The term of this Agreement (the "Term") shall begin on the Effective Date and continue for twenty (20) years unless otherwise terminated or modified pursuant to this Agreement (including, but not limited to, the extension provisions of Section 11.16 hereof). In addition, the term of this Agreement shall be automatically extended for an additional ten (10) year term if, at the expiration of the initial twenty (20) year term, Pacific View has not completed all of the development authorized by this Agreement. 7.3 Assianment. Pacific View has the absolute right to assign its rights and obligations under this Agreement as part of an assignment or transfer of all of the Property. 7.4 Amendment of Agreement. This Agreement may be amended from time to time by the written mutual consent of the Parties, or their successors in interest, but only at a noticed public hearing and in the manner provided by the Government Code and this Agreement. • 7.5 Enforcement. This Agreement is enforceable by each of the Parties and their respective successors and assigns. 24 �0 • 7.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the twenty (20) year term (including any extension pursuant to Section 7.2 hereof); (b) Entry, after all appeals have been exhausted, of a final judgment or issuance of a final order by a court of competent jurisdiction directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement, or any of the Discretionary Approvals, unless otherwise authorized or permitted by the court, or, (c) The effective date of a Party's election to terminate the Agreement as provided in Section 9.3 of this Agreement; provided that the validity of the same is upheld by final and non - appealable judicial review. 7.7 Effect of Termination. In no event shall this Agreement be construed to limit Pacific View's right to continue to develop and utilize the • Property, or construed to create any contractual or statutory vested right (as opposed to common law vested rights) to continue to develop and utilize the Property, subsequent to the termination of this Agreement (whether voluntary, involuntary, or by operation of this Agreement) subject to compliance with the Discretionary Approvals. However, to the extent Pacific View has completed the development envisioned by the Discretionary Approvals and this Agreement in any particular Building Site designated by the Technical Site Plan (Exhibit C) , the conditions and restrictions of this Agreement relating to such Building Site shall survive the termination of this Agreement and Pacific View shall continue to be obligated to maintain the Buffer Area pursuant to the restrictive covenant (Exhibit 3.1.1(B). 8. CONFLICTS OF LAW. 8.1 Conflict with State and Federal Laws and Regulations. Where state or federal laws or regulations prevent compliance with one or more provisions of this Agreement, those provisions • shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations 25 1 k0 u • • and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations which required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and (f) Pacific View consents in writing to the modification. Pacific View shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 9. DEFAULT, REMEDIES AND TERMINATION. 9.1 General Provisions. In the event of a Default, the Party alleging a Default shall give the other Party a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period "). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 If an alleged Default is not cured Cure Period, the noticing Party must 26 14C/ I • give the defaulting Party a Notice of intent to terminate the Agreement. Within thirty (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865, 65867, and 65868, as amended, to consider and review the matter. 9.3 Notice of Termination. After considering the evidence presented to the City Council, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and substantial evidence was presented to the City Council to establish the existence of a Default. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11.15, in which case the court shall render an independent judgment as to the existence of a Default and good cause for termination. Termination may • result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Party's right to give .future Notice of the same or any other Default. 9.5 Default by Pacific View. Subject to compliance with Sections 9.1 through 9.3, in the event of a Pacific View default, City shall have no obligation to perform any of City's obligations pursuant to this Agreement (as opposed to the City's obligations pursuant to Discretionary Approvals). Upon a Pacific View default, any resulting delays in City's performance ,shall neither be City's default nor constitute grounds for termination or cancellation of the Agreement by Pacific View. 9.6 Default by the City. Subject to compliance with Sections 9.1 through 9.3, in the event of a City Default, Pacific View, without limiting any of its other remedies, shall not be obligated to proceed with this Agreement or complete the development envisioned thereby, nor to perform • any further obligations under_. the Agreement. Upon a City Default, any resulting delays in Pacific View's performance shall neither be Pacific View's Default nor constitute grounds 27 a 'L 4� • for termination or cancellation of the Agreement by the City. 9.7 Availability of Specific Performance. Both parties agree and recognize that it will not be possible to restore the land use entitlements for the Property to their state prior to this Agreement's approval, and that it will not be physically, financially, or practically possible as a matter of land use planning to restore the Property to its prior state once the Project is commenced. For these reasons, it may not be possible to determine an amount of monetary damages which would adequately compensate Pacific View in the event Pacific View is prevented from completing the development envisioned by the Technical Site Plan (Exhibit C) in accordance with the terms and conditions of this Agreement. Therefore, without limiting any remedy available to Pacific View because of a City Default, the parties agree that: (a) monetary damages would not be an adequate remedy for Pacific View if Pacific View is prevented from completing the development envisioned by the Discretionary Approvals, the Technical Site Plan (Exhibit C) and in accordance with the • terms and conditions hereof; and (b) that specific performance and /or injunctive relief shall be available to Pacific View to enforce City's obligations hereunder. Similarly, the City has relied on Pacific View's obligations pursuant to this Agreement in granting approval of the Technical Site Plan (Exhibit C) and Discretionary Approvals. It will not be possible to determine an amount of monetary damages which would adequately compensate the City in the event of a Pacific View Default. Therefore, without limiting any remedy available to the City because of a Pacific View Default, the parties agree that: (a) monetary damages would not be an adequate remedy for the City in the event of a Pacific View Default; and (b) that specific performance and /or injunctive relief shall be available to City to enforce Pacific View's obligations hereunder. 10. GENERAL RELEASE. In consideration of the terms and provisions of this Development Agreement, City and Pacific View agree that upon the Effective Date of this Agreement, Pacific View shall, and hereby does, forever relieve, • release, and discharge City of and from any and all known or unknown, suspected or unsuspected, contingent or fixed, and existing or potential claims, complaints, grievances, a 28 k�p 9 allegations, demands, liabilities, losses, obligations, • damages, costs, expenses (including, without limitation, attorneys' fees) , lawsuits, actions (in law, equity, or otherwise), causes of action and disputes (collectively, "Claims ") that arise out of, or are in any way related, to any act or omission by any City official, employee, representative or agent at any time prior to the Effective Date of this Agreement. Pacific View expressly understands that California Civil Code Section 1542 ( "Section 154211) provides as follows: • A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Pacific View knowingly, voluntarily, intentionally, and expressly waives any and all rights and benefits conferred by Section 1542 or any law of any state or territory of the United States or any foreign country, principle of common law, or other law that is similar to Section 1542, and agree and acknowledge that this waiver is an essential term of this Agreement, without which the consideration given herein would not have been given. Notwithstanding the foregoing general release, nothing in the Discretionary Approvals, this Agreement, Pacific View's consent to this Agreement, or Pacific View's acquiescence in the Discretionary Approvals, shall be construed as any admission or agreement on the part of Pacific View that, in the absence of Pacific View's voluntary agreement to this Development Agreement, the City had any legal authority to limit the development of mausolea at Pacific View, withhold building Permits from Pacific View, or otherwise impose additional regulatory burdens upon Pacific View's operations and development of the cemetery under the use permit issued by the County of Orange. Notwithstanding the foregoing, nothing in this Agreement shall be construed as any admission or agreement on the part of the City that any act, or any failure to act, on the part of the City or any of its officials, officers, employees, or representatives was contrary to, or inconsistent with, any provision of law, ordinance, resolution or policy or would subject the City to any liability or adverse court ruling. 11. MISCELLANEOUS PROVISIONS. 11.1 Notices. All Notices shall be written and delivered by personal delivery (including Federal Express and other commercial express 29 a • delivery services providing acknowledgments or receipt), registered, certified, or express mail, or telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (a) For personal delivery, upon actual receipt; (b) For registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and (c) For telegram, upon the transmission of the telegram. Notices shall be addressed as follows: To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 With a copy to: The City Attorney With a copy to: The City Manager • To Pacific View: Pacific View Memorial Park 3500 Pacific View Drive Newport Beach, CA 92663 Attention: Mr. Steve Schacht With a copy to: Allan J. Abshez, Esq. Irell & Manella 1880 Avenue of the Stars, Suite 900 Los Angeles, CA 90067 -4276 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Force Majeure• Extension of Time of Performance. Neither Party shall be deemed to be in Default where delays or nonperformance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, acts of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, or similar bases for excused performance. If written Notice of such delay is given to the other Party within thirty • (30) days after such delay begins an extension of time for performance shall be granted in writing for.the period of the delay, or longer 30 • as may be mutually agreed upon. Delays and extensions associated with litigation shall be governed by Section 11.16 hereof. 11.3 Severability. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement objectively cannot be modified to implement the original intent of the Parties and the Party substantially benefitted by the material provision does not waive its rights under the unenforceable provision, the entire Agreement shall become void. For purposes of this Section, and without excluding the possible materiality of other provisions of this Agreement, all provisions of Sections 3, 4 and 5 are deemed "material." 11.4 Entire Agreement. This Agreement constitutes, the entire understanding and Agreement of. the Parties regarding the subject matter of this Agreement. This Agreement supersedes all • negotiations and previous agreements between the Parties regarding that subject matter. 11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the Party making the waiver. 11.6 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement. 11.7 Further- Actions and Instruments. Upon the request of either Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.8 Successors and Assigns. The burdens of this Agreement shall be binding upon, and the • benefits of the Agreement shall inure to, all .._. successors -in- interest and assigns of the Parties; provided, however, that in no event shall the obligations of Pacific View hereunder 31 V55 • be deemed to inure to the benefit of, or bind, any member of the general public that has purchased or holds title to any interment space at the Property. Further, this Agreement is made exclusively by and between the City and Pacific View, and notwithstanding any provision hereof (including, but not limited to, Section 4.7 and references to off -site properties), it is the intent of the parties that there are no third party beneficiaries to this Agreement; and no provision of this Agreement shall confer any enforcement rights upon any party other than Pacific View and the City. The parties also acknowledge and agree 'that, consistent with general legal principles, this Agreement does not effect or alter the legal rights of any person or entity not a party to the Agreement. 11.9 Construction of Agreement. This Agreement has been the subject of extensive negotiations between the parties and therefore no presumption for or against any party arising out of drafting all or any part of this Agreement will be applied in any action relating to, connected with or involving this Agreement. All language in all parts of this Agreement shall be • construed as a whole and given its fair meaning. The captions of the paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. This Agreement is not intended to impermissibly contract away the legislative and governmental functions of the City, and in particular, the City's police powers or to surrender or abrogate the city's governmental powers over the Property. 11.10 Authoritv to Execute. The person executing this Agreement on behalf of Pacific View warrants and represents that he /she has the authority to do so and the authority to bind Pacific View to the performance of Pacific View's obligations under this Agreement. 11.11 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.12 Effect on Title. Subject to the requirement • that Pacific View record a covenant as specified in Section 3.1.1(B), this Agreement shall not continue as an encumbrance against any portion 32 Z3 (5� • of the Property as to which this Agreement has terminated. 11.13 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and submit the same for recordation in the Official Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement void or ineffective. 11.14 Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any Default, to enforce any provision of this Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions may be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District. of California. • 11.15 Attorneys' Fees. In any arbitration, quasi - judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 11.16 Conditions Precedent to Effectiveness. In the event this Agreement or any of the Discretionary Approvals are overturned or ruled invalid by a final non - appealable judgment of court of competent jurisdiction, then all of Pacific View's obligations hereunder (including, but not limited to, Pacific View's obligations under Sections 4.7 and 10 hereof) shall be deemed null, void, and of no effect whatsoever. Further, notwithstanding any other provision of this Agreement, during any pending litigation filed to challenge, review, enjoin, set - aside, modify, or overturn the Technical Site Plan, the Discretionary Approvals, Development Agreement, environmental review in connection therewith, or any of the rights of the Parties pursuant • thereto, all of Pacific View's obligations hereunder (including, but not limited to, Pacific View's obligations under Sections 4.7 and 10 hereof) shall be suspended and tolled; 33 k55 • provided, however, that if Pacific View elects to go forward under the Discretionary Approvals and this Agreement during any pending litigation, then notwithstanding such litigation, the City shall cooperate and process and issue all Project Specific Approvals requested by Pacific View hereunder provided that Pacific View complies with the provisions of the Discretionary Approvals and this Agreement. At Pacific View's request, the period of any litigation not initiated by Pacific View (including all appeals) shall be added to the term of this Agreement. Date: L� 1995 CITY OF NEWPORT BEACH By-.. John Hedges, Mayor • Date: o 1995 PACIFIC VIEW MEMORIAL PARK wb\agr \pac iew.agt 24 August 1995 • By;_/ of Stephen L i - Schacht General Manager lz 34 l 5� � l State of California County of Orange On August 25, 1995 before me, Irene Butler, Notary Public, personally appeared John W. Hedges, Mayor and Stephen L. Schacht ❑ personally known to me - OR - © proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)xis/are subscribed to the within instrument and acknowledged to me that AWAiia /they executed the same in ids&m*heir authorized capacity(ies), and that by AM/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the persons) acted, executed the instrument. 1 BUTLER m Com. #1008878 r WITNESS my hand and official seal. e.�s. CAPACITY CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Development Agreement btw Individual City of Newport Beach & Pacific K Corporate Officer (Schacht for View Memorial Park Limited Partner Pacific. View) Title or Type of Document General Partner Attomey -in -Fact Trustee(s) Guardian/Conservator Mayor Othef: John W. Hedges Signer is Representing: City of Newport Beach as Mayor Number of Pages August 25, 1995 Date of Document N/A Signer(s) Other Than Named Above • • LEGAL DESCRIPTION THOSE PORTIONS OF BLOCKS 96 AND 97 OF IRVINE'S SUBDIVISION,` AS. .SAID IRVINE'S SUBDIVISION IS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS SOUTH 48 DEGREES 22' 19" WEST 72.11 FEET FROM THE MOST SOUTHERLY CORNER OF THAT CERTAIN "RESERVOIR SITE" DESCRIBED IN DEED TO THE CITY OF NEWPORT.BEACH, RECORDED DECEMBER 20, 1957 IN BOOK 4143, PAGE 395 OF OFFICIAL RECORDS IN. THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH 48 DEGREES 22' 19" EAST ALONG THE BOUNDARY OF SAID "RESERVOIR SITE" AND ITS SOUTHERLY PROLONGATION, 522.80 FEET. TO AN ANGLE POINT THEREIN; THENCE NORTH 6 DEGREES 06' 36" EAST 1037.47 FEET-TO THE SOUTHERLY CORNER OF TRACT NO. 9260 AS SHOWN ON A MAP RECORDED IN BOOK 378, PAGES 32 THROUGH 37 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID TRACT AND ALONG. THE SOUTHERLY LINE OF TRACT NO. 9261 AS SHOWN ON A MAP RECORDED IN BOOK 380, PAGES 32 THROUGH 35 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, NORTH 73 DEGREES 19' 47" EAST 838.34 FEET TO THE WESTERLY LINE OF TRACT NO. 7510 AS SHOWN ON A MAP RECORDED IN BOOK 292, PAGES 17 THROUGH 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE, ALONG SAID WESTERLY LINE, SOUTH 2 DEGREES 55' 15" EAST 55.91 FEET TO AN ANGLE POINT THEREIN; THENCE, CONTINUING ALONG SAID WESTERLY LINE THE FOLLOWING COURSES: SOUTH 5 DEGREES 43' 17" EAST 521.60 FEET; SOUTH 1 DEGREE 58' 54 ".EAST 289.,17 FEET; SOUTH 16 DEGREES 41' 57" WEST 278.65 FEET; SOUTH 1 DEGREE 16' 57" EAST 137.14 FEET; SOUTH, 32 DEGREES 58' 52" EAST'224.12 FEET; SOUTH 38 DEGREES 45' 29" EAST 91.05 FEET; AND SOUTH 55 DEGREES 09' 15" EAST 96.26 FEET; THENCE. SOUTH 17 DEGREES 59' 50" WEST ALONG THE NORTHWESTERLY LINE OF LOT 1 OF SAID TRACT NO. 7510 AND THE NORTHWESTERLY LINE OF LOT 12 OF TRACT NO. 7511 AS SHOWN ON A MAP RECORDED IN BOOK 292, PAGES 22 AND 23 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, 28.43 FEET- TO AN ANGLE POINT IN THE NORTHWESTERLY BOUNDARY OF SAID TRACT NO: 7511; THENCE SOUTH 40 DEGREES. 36' 281' WEST ALONG SAID BOUNDARY, 600.67 FEET, TO THE MOST NORTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO THE IRVINE COMPANY, DATED-AUGUST 3, 1971, RECORDED IN BOOK 9745, PAGE 355 OF OFFICIAL RECORDS.OF SAID COUNTY; THENCE SOUTH 85 DEGREES 13' 50" WEST. ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, 228.39 FEET TO AN ANGLE POINT,THEREIN; THENCE NORTH 89 DEGREES 44' 43" WEST 129.98 FEET TO A POINT IN THE SOUTHERLY LINE OF THAT CERTAIN LAND DESCRIBED IN A DEED TO PACIFIC VIEW MEMORIAL; PARK, RECORDED DECEMBER 17, 1958 IN BOOK 4518, PAGE 207 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING DISTANT SOUTH 84 DEGREES 18' 19" EAST 419.58 FEET ALONG SAID SOUTHERLY LINE FROM THE MOST, SOUTHWESTERLY CORNER THEREOF; THENCE NORTH 84 DEGREES 18' 19" WEST* ALONG LAST SAID LINE, 26.15 FEET1 TO THE MOST EASTERLY CORNER OF THAT CERTAIN LAND DESCRIBED IN A DEED RECORDED AUGUST 3, 1971 IN BOOK 9745, .PAGE,.347.OF OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE SOUTHERLY hND.WESTERLY LINES OF SAID DEED, THE FOLLOWING COURSES: NORTH 88 DEGREES 03' 25" WEST 90.18 FEET; NORTH 88 DEGREES 03' 47" WEST 302.42 FEET, AND- NORTH 1 DEGREE 56' 50" EAST 25.78- FEET TO THE MOST SOUTHWESTE Y CORNER OF THAT PARCEL OF LAND DESCRIBED IN SAID DEED RECORDED BOOK 4518, PAGE 207 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE, A I NG THE SOUTHERLY LINE OF SAID PARCEL, NORTH 41 DEGREES 37' 41" WEST 565.00 FEET TO THE POINT OF BEGINNING. l5� '� EXHIBIT A F L�R i y a 'r' �4q qr• qy c. ,eZ 8 H.. O op : YcC h,c �'Ysy Cqh, ��a \hFC9k u ZONE X �I .i \s ^r 4 P f,ts ref n � i c r 1� t Qo u O t v S+f UAL Q A W p n L n T n LIMIT G 9 STUDY, � n P ❑E'K r r'4 wr r'1 r! Nr'f r Nil H 41, MAP OF THE PROPF "TYtj .-• �% t o and of 0 w 2W re cw -W R-4 Pacif ic VieAA corona del mar, californ! MENI DFfM of Rahn -- rNmgo b Garden -F"o Road ,,--7G.nJ.n of. V. L I ft'c.nyon R ... r'otr) Pa¢ Flood; Unaelool Road E,f.ev S,Yd' Else w ton Se%re, tor sanil.r Sneer Building Slia'kea'... �aeza 4, Ev p ._. "-_" .:�--THEBUOFEAAREA.--J (Single - F0.11y Rusidonflol) y R. M e m i a L Pa' r k All alon.tims Ac,wn am above Mean Sea L .. L J-POIN] SI 11-Q, 1bol 'co Idg. Site "B" FUNERAL HOME/CHAPEL/ CEMETERY OFFICES CREMATORY MAINTENANCE AREA Tamp Sol.. Tt.11., Ritwo, Me6ibrof.aa Bukwv dubding lo'C EMS. i m.l.po 91W.); "usalca "na. Me cvwe. Coonnaully mausolm.l.— t o and of 0 w 2W re cw -W R-4 Pacif ic VieAA corona del mar, californ! MENI DFfM of Rahn -- rNmgo b Garden -F"o Road ,,--7G.nJ.n of. V. L I ft'c.nyon R ... r'otr) Pa¢ Flood; Unaelool Road E,f.ev S,Yd' Else w ton Se%re, tor sanil.r Sneer Building Slia'kea'... �aeza 4, Ev p ._. "-_" .:�--THEBUOFEAAREA.--J (Single - F0.11y Rusidonflol) y R. M e m i a L Pa' r k All alon.tims Ac,wn am above Mean Sea L .. L J-POIN] SI 11-Q, 1bol BUILDING SITE "D" EXISTING TREB MA ,k _ tl . EXISTING SHRUB MAA — 441s i O _ m 0 110 yu seew BUILDING SITE H l � BUILDIIG SI1'H`E y \• '�•id A \ '•j• /`—$yo «e o•ws..em w«wun � �i .�i' ; �X_H I BIT D \\ Lsl•A ' � swU� \ iuRe nseu w"i ee sonoso on i r i; it O " n 3 a c�i x v IN 0 it SEE= OA Q„ = Vat' OA UMMG SHRUB MM z 4 GARDEN PALM Fw� �O �RW = U M. (EXHIP3 IT b Vs \ BUILD DINZ z 4 GARDEN PALM Fw� �O �RW = U M. (EXHIP3 IT b 0 © LAGUNffA OURT 'b 11 X 4a"5 o Al� BUILDING SITE G su sEr ME- kp KTI� 06.4 ". acuvwe DWRp ARW VIM 99 WDOEID O¢ rm LL P. q CI I' f t. i tti } }• A•' .aa'z —jM3 -- 'BUILDING SITE A FUTURE ROAD - EMMNO SHRUB MASSES _ -� EXISTING TREE MASSES BUILDING.SITR "G" M 'PF 4416 • ... 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S 4ILCN • IOALIOM NPP .SP9�6 WIIY rB dpOML Ol SPIDIO. s a d ' �.1 Leh EXHIBIT D 0 E!! e :j1 11llII�I''nn''�1I11''I1�1I�11�I''II''If�f�111111��®ygqrsr IIIIIIINIIIIO% o' � c >�E L) g Ngr ¢x� p t- VD12 papiw 7. la- 9S EXHIBIT' E- 1 �utmo � -ia -aS EXHIR T F 1 r7 I 'o, O It F— 11 1 13 I-A F X 41' '"' R I T P 1 M4 on ti ii sia If Ts Of fR O — N'05 aaeeu..wr - - .fie ...... _ _ W i ?K w • EXHIBIT G [Date] [Recipient] Re: Development Agreement Between the City of Newport Beach and Pacific View Memorial Park Gentlemen: The (CERTIFYING PARTY] certifies as follows as of the date first set forth above: 1. The City of Newport Beach ( "City ") and Pierce Brothers, a California corporation doing business as Pacific View Memorial Park ( "Pacific View ") are parties to a Development Agreement dated (the "Development Agreement ") with respect to Pacific View Memorial Park, which is located in Newport Beach, California (the "Premises "). 2. The Development Agreement is in full force and effect and is a binding obligation of the parties. Da. The Development Agreement has not been amended or modified • either orally or in writing.] " or [3b. The Development Agreement has been amended by mutual agreement of the parties. A copy of the Development Agreement as amended is attached as Exhibit 1.1 [4a. (CERTIFYING PARTY] has no knowledge of any default in the performance of the (REQUESTING PARTY'S] obligations under the Development Agreement.] [4b. (REQUESTING PARTY] is in default of its obligations under the Development Agreement as follows:] 4. (CERTIFYING PARTY] makes this certificate with the understanding that (Recipient] is contemplating acquiring the Premises, and that if (Recipient] acquires the Premises, (Recipient] will do so on material reliance on this certificate. Very Truly Yours, CERTIFYING PARTY • cc: (REQUESTING PARTY] PVCertif .doc �d EXHIBIT. G ,�l RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Pacific View Memorial Park 3500 Pacific View Drive Newport Beach, CA 92663 Attention: Steve Schacht COVENANT AND AGREEMENT This Covenant and Agreement ( "Agreement ") is made and entered into by and between Pierce Brothers, a California corporation doing business as Pacific View Memorial Park ( "Owner ") on the one hand and the City of Newport Beach ( "City ") on the other hand this 28th day of August, 1995. A. Owner is the owner of property described and depicted on Exhibit A (which is identical to the Technical Site Plan approved by the City Council on July 10, 1995) hereto, together with the improvements located thereon ( "Pacific View Memorial Park ") . B. City has approved an updated master plan for Pacific View Memorial Park through the approval of Mitigated Negative Declaration (the "Negative Declaration "), General Plan • Amendment No. 94 -1(F) ( "General Plan Amendment "), and Use Permit No. 3518 ( "UP "), Site Plan Review No. 69 and the Development Agreement dated July 10, 1995 between Owner and the City ( "Development Agreement ") (collectively, the "Approvals ") . C. In connection with the Approvals, Owner has agreed to provide and maintain a permanent landscaped buffer area within the area described on Exhibit A within Pacific View Memorial Park (the "Buffer Area ") , and to record this covenant and agreement to ensure that the Buffer Area is maintained in perpetuity. AGREEMENT Now therefore in consideration of the mutual benefits to be derived from the City's Approvals, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: Buffer Area. Owner shall improve and maintain the area described in Exhibit A as a landscaped buffer area (the "Buffer Area ") in perpetuity.. No structures, public access, roads, walkways, walls (other than retaining walls and existing underground utilities), ground interments or other form of burial, preservation of remains, plaques, memorials or monuments of any kind shall be permitted within the Buffer • Area. s, EXHIBIT H ��� n LJ LJ E 2. Encroachments Into Suffer Area. Owner shall have the right to encroach into the Suffer Area, and to remove and /or disturb Suffer Area landscaping and irrigation, subject to the following: a. The encroachment, disturbance, or removal shall only be to the minimum extent reasonably necessary to accommodate slope maintenance, slope repair or construction within Building Sites E and G (as defined by the Development Agreement); and b. Owner shall restore the Buffer Area, including landscaping and irrigation, to its condition prior to the encroachment, disturbance or removal as soon as possible after the encroachment is no longer necessary to accommodate slope maintenance, slope repair or construction activities. 3. Maintenance of Buffer Area Landscaping. Owner shall maintain the landscaping and irrigation system within the Buffer Area in accordance with the Final Landscape Plan approved by the City for the Buffer Area (as defined by the Development Agreement). 4. Conditions to Continued Effectiveness. In the event that any of the Approvals are overturned or ruled invalid by a final non - appealable judgment of court of competent jurisdiction as the result of litigation initiated by any third party then this Covenant and all of Owner's obligations hereunder shall automatically be deemed null, void, and of no effect whatsoever. City shall execute and deliver to Owner a release of this Covenant in recordable form in the event third party litigation results in a final non - appealable judgment or order invalidating any of the approvals. Except as provided in this Section, this Covenant shall remain in full force and effect in perpetuity. S. Successors and Assigns. This Agreement is a covenant and agreement running with Pacific View Memorial Park and shall be binding upon Owner and its successors and assigns. s� ��3 r IN WITNESS WHEREOF, this Covenant and Agreement has been • executed the day and year first above written. de \ag\PVCavAgt.doc C� • CITY OF NEWPORT BEACH John W. Hedges By: J Mayor PIERCE BROTHERS, a California corporation doing business as Pacific View Memorial Park Stephen L. Schacht By: / Z,4. ha ` _ General Manager Its: iJ /e ti- l/ �• State of California County of Orange On August 28, 1995 before me, Irene Butler. Notary Public, personally appeared John W. Hedges, Mayor and Stephen L. Schacht, GM aci is view memorial Yarx ❑ personally known to me - OR - ❑s proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that- lieAshefthey executed the same in his/her/their authorized capacity(ies), and that by 44isAwAheir signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Covenant Agreement _ Individual btw City /Pacific View Memorial 4 Corporate Officer 1 V Park Limited Partner 8IS0i f iRai Aigk Title or Type of Document General Partner Attomey -in -Fact Trustee(s) Guardian/Conservator Mayor Other:John W. Hedges Signer Is Representing: Mayor of City of Newport Beach f7 Number of Pages August 28, 1995 Date of Document N/A Signer(s) Other Than Named Above 115 r L 7 -01 -1996 12 :17PM J(L�1 -1996 11:29 �k c $ 4 $z w 0 c' C-�= • n u FROM W TMINSTER MEM PRK 71d 897 5576 scI tESAL 713 525 9067 P.02/05 RECORMW REQUESTED By Rocordie in WW county of orange. California AND USEN RECORDED RETURN TO- Gary �y�� ®villeCl erk/Nwwrder Pacific view Memorial Park �g95050 3:20%'-0- 15/13/95 3SOO Newport Pacific View Drive 003 e506as 14 32 ?812 Newport Beach. CA 92663 Attention: Steve Schacht Al2 4 1.00 9.00 1.02 0.00 0.00 0.00 Thia Covenant and Agreement ( "Agreement ") is made and entered into by and between Pierce Brothers. a California corporation doing business as Pacific View Memorial Park ( "Owner") on the one hand and the City of Newport Beach ( ^City ") on the other hand this 28th day of August. 1995. A. Oozier is the owner of property described and depicted on Exhibit A (which is identical to the Technical Site Plan approved by the City Council on July 1o. 1995) hereto. together with the improvements located thereon ( "Pacific view Memorial Park ") . B. City has approved an updated master plan for Pacific view Memorial Park through the approval of Mitigated Negative Declaration (the "Negative Declaration "). General Plan Amendment No. 94 -1(F) ("General Plan Amendment "). and Use Permit No. 3818 ( "UP "). Site Plan Review No. 69 and the Development Agreement dated..Tuly 10. 1995 between owner and the City ("Development Agreement ") (collectively. the "Approvals "). C. in connection with the Approvals. Owner has agreed to provide and maintain a permanent landscaped buffer area within the area described on Exhibit A within Pacific view Memorial Park (the "Buffer Area "). and to record this covenant and agreement to ensure that the Buffer Area is maintained in perpetuity. AORELMENT Now therefore in consideration of the mutual benefits to be derived from the City. s Approvals, and other good and valuable consideration. the receipt and adequacy 9f which is hereby acknowledged. the parties hereby agree as follows: I. Buffer Area. Owner shall improve and maintain the area described in Exhibit A as a landscaped buffer area (the "Buffer Area ") in perpetuity_ No structures, public access. roads. walkways, walls (other than retaining walls and existing underground utilities). ground interments or other form of burial. preservation of remains. plagues. memorials or monuments of any kind shall be permitted within the Buffer Area. EXHIBIT , H P. 3 i =. .y i 7 -01 -1996 12:17PM FROM WF ^TMINSTER MEM PRK 71d 897 5576 P_d ]11-01 -1996 1130 9C. _EGAL 71- 525 9067 P. 03/5 • 2. Encroachments Into Buffer Area. Owner shall have the right to encroach into the Buffer Area, and to remove and /or disturb Suffer Area landscaping and irrigation, subject to the following: a. The encroachment, disturbance, or removal shall only be to the minimum extent reasonably necessary to accommodate slope maintenance, slope repair or construction within Building Sites .9.and G (as defined by the Development Agreement); and b. Owner shall restore the Buffer Area, including landscaping and irrigation, to its condition prior to the encroachment, disturbance or removal as soon as possible after the encroachment is no longer necessary to accommodate slope maintenance, slope repair or construction activities.' 3. Maintenance of Buffer Ar a Landscaping. Owner shall maintain the landscaping and irrigation system within the Buffer Area in accordance with the Final Landscape Plan approved by the City for the Buffer Area (as defined by the Development Agreement). 4. Conditions to Continued Eff ttiX=ges. In the event that any • of the Approvals are overturned or ruled invalid by a final non - appealable judgment of court of competent jurisdiction as the result of litigation initiated by any third patty then this Covenant and all of Owner's obligations hereunder shall automatically be deemed null, void, and of no effect whatsoever. City shall execute and deliver to owner a release of this Covenant in recordable form in the event third party litigation results in a final non - appealable judgment or order invalidating any of the approvals. Except as provided in this Section, this Covenant shall remain in full force and effect in perpetuity. 5. mcceasors and Assigns. 'this Agreement is a covenant and agreement running with Pacific view Memorial park and shall be binding upon Owner and its successors and assigns. r 1 U tr 01 7- 01 -19% 12:18PM FROM W — TMINSTER MEM PRK 714 897 5576 P.5 JLL -01 -1996 71 30 SC. -EGAL 71- 525 9067 P.04/M •' IN "ITNESS WHEREOF, this Covenant and Agreement has been executed the day and year first above written" d.Ng�mor+ye.doc r � • S, CITY OF NEWPORT BEACH John W. 1I pig e�j/ :3 By:-- - J Q Mayor PIERCE BROTHERS, a California eorporation doing business as Pacific View Memorial Park stepheo E. -Stud t Its" C� J • is J�y 7 -01 -1996 12:18PM JUL-W-19% 11 =30 stet of California County of Orange FROM W' TMINSTER MEM PRK 714 897 5576 Sl LEGAL '`-- 525 9067 P.05i05 on August Zs, 1995 before me. Irene Butter, Notary Public, Personally appearedJoan H, Redges, Mayor and Stephen L. Schad t, GH aCi 1C v3.ew 0 a a D personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that- he/shefthey executed the same in hisrher/theirauthorized capacity(ies), and that by -pioA w,4heir signatures) on the instrument the person(s), orthe entity upon behalf of which theperson(s) acted, executed the instrument WITNESS my hand and official seal. J CAPAWY CUMEC BY SIGNER DESMPRON OF ATFAM BOGIMENr `— Individual Covenant Agreement btw City /Pacific View Memorial corporate rtner �ff1v k ParHite or Type Of Vocument l.it»ited partner — General Pa riner Arivrney-b -Fact Trustes(s) Guardwvloonservator Mayor Othe;John W. Hedges WWWr is Representing: Mayor of city of Newport Beach Number of pages August 25, 1995 Date of Document N/A Signw(s) Other Than Named Above P. 6 0'\ m, a -- _=21101- A� 0 ATTACHMENT K DRAFT FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 7 `c�3 0 0 11 J�A Recording Requested By and When Recorded Return to: City Clerk City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Fee Exempt - Gov't Code 0103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.7 BETWEEN THE CITY OF NEWPORT BEACH AND PACIFIC VIEW MEMORIAL PARK Approved ,2007 Ordinance No. Version 08 -02 -07 \% 5 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.7 (Pacific View) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 7 is made and entered into effective as of , 2007 by and among the CITY OF NEWPORT BEACH, a charter city and a municipal corporation organized and existing under the laws of the State of California (the "City"), and SCI CALIFORNIA FUNERAL SERVICES, INC. doing business as PACIFIC VIEW MEMORIAL PARK ( "Pacific View "), successor -in- interest to PIERCE BROTHERS, a California corporation, with reference to the following facts and intentions: RECITALS A. Pacific View is the owner of approximately forty-five (45) acres of real property located at 3500 Pacific View Drive in the City bounded by residential uses to the north and east, San Joaquin Hills Road to the south, and Big Canyon Reservoir and Harbor Day School to the west (the "Property "). B. On July 10, 1995, the Newport Beach City Council certified a Negative Declaration, approved certain land use entitlement permits for development of the Property, including Use Permit No. 3518, and adopted Ordinance No. 95 -26 approving Development Agreement No. 7 between the City and Pierce Brothers, a California corporation doing business as Pacific View Memorial Park, recorded in the Official Records of Orange County, California on September 8, 1995 as Instrument No. 95- 0392537 (the "Development Agreement "). The Development Agreement grants to Pacific View statutory vested rights to develop the Property in accordance with the terms, conditions and exhibits contained in the Development Agreement. C. Pursuant to the provisions of the General Corporation Law of the State of California and by Certificate of Ownership dated December 31, 2001, filed in the office of the Secretary of State of the State of California, SCI California Funeral Services, Inc. acquired all of the outstanding shares of Pierce Brothers and merged Pierce Brothers into SCI California Funeral Services, Inc. to become effective on December 31, 2001. Under the terms of the Certificate of Ownership, Pierce Brothers was determined to be the disappearing corporation and SCI California Funeral Services, Inc. continued in existence as the surviving corporation. D. Pacific View is proposing to amend Use Permit No. 3518 by Use Permit No. 2006 -040 (the "Use Permit Amendment ") and amend Development Agreement No. 7 by Development Agreement No. 2006 -001 (the "First Amendment ") and make appropriate changes to the Technical Site Plan, Preliminary Landscape Plan and Section Diagram through Building Sites E and H attached to the Development Agreement as Exhibits "C," "D" and "F," to remove a 7,200 square foot Community Mausoleum in Building Site H, Area 8 and replace it with a maximum of six (6) Family Mausolea having a total of 2024 square feet and ground burial terraced garden estates (as governed by the restrictions in Section 4(10.)(b) of the Development Agreement) and associated landscape planting to the rear and around the Family Mausolea to buffer each structure from views of residents in the surrounding community. The Use Permit Amendment will establish the maximum allowable size of the Family Mausolea structures at 17 2 Version 08 -02 -07 r�6 feet in height, 22 feet in width and 17 feet in depth, for four (4) Family Mausolea for Building Envelopes H.1, H.2, H.3 and HA and two (2) Family Mausolea with a maximum of 15 feet in height, 22 feet in width and 12 feet in depth for Building Envelopes H.5 and H.6 to be located within Building Site H, Area 8. E. After giving appropriate notice, the City Planning Commission held a public hearing to consider the First Amendment on 2007 and voted to recommend approval of the same. F. After a duly noticed public hearing, the City Council approved execution of this First Amendment pursuant to Ordinance No. , adopted on 2007. G. This First Amendment is consistent with the City's General Plan and associated amendments, and other applicable ordinances, plans and policies of the City. This First Amendment is also consistent with the purpose and intent of the provisions of Section 65864 et seq. of the California Government Code, and Chapter 15.45 of the Newport Beach Municipal Code. H. An initial study has been prepared for the Use Permit Amendment and this First Amendment, which determined that the changes proposed in the Use Permit Amendment and this First Amendment would not have a significant impact on the environment. Therefore, a Negative Declaration has been prepared for the Use Permit Amendment and this First Amendment, which is consistent with the California Environmental Quality Act and was certified by the City Council on 12007. I. Based on the foregoing and subject to the terms and conditions set forth herein, City and Pacific View desire to enter into this First Amendment to Development Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and having determined that the foregoing recitals are true and correct and should be and hereby are incorporated into this First Amendment, Pacific View and the City agree as follows: AGREEMENT 1. Section 1.4 of the Development Agreement entitled Development of the Property is hereby amended to read as follows: 1.4 Development of the Propert y. This Agreement grants Pacific View the statutory and contractual vested right to develop the Property during the Term of this Agreement, as extended by the First Amendment, consistent with Pacific View Memorial Park's Technical Site Plan attached as Exhibit "C ", as amended, subject to compliance with the conditions and mitigation measures set forth in Section 3 with respect to the Discretionary Approvals as defined in Section 2.11 of the Development Agreement, as amended, as well as the additional conditions relating to public benefit set forth in Section 4 and other portions of the Development Agreement, as amended. 3 Version 08 -02 -07 ` 1� 2. Section 1.5 of the Development Agreement entitled Planning Commission /City Council Hearings is hereby amended to add the following paragraph at the end of Section 1.5: After giving appropriate notice, the Planning Commission held a public hearing to consider the First Amendment on , 2007 and voted to recommend approval of the same. After a duly, noticed public hearing, the City Council approved execution of the First Amendment pursuant to Ordinance No. adopted on 2007. 3. Section 1.8 of the Development Agreement entitled City Ordinance is hereby amended to add the following sentence: On , 2007, the City Council adopted Ordinance No. approving the First Amendment and authorizing the City Council to enter into the First Amendment. The Adopting Ordinance will become effective on 2007. 4. Section 2.1 of the Development Agreement entitled Adopting Ordinance is hereby amended to read as follows: 2.1 The "Adopting Ordinance" refers to City Ordinance No. 95 -26, adopted on July 10, 1995 by the City Council, which approved and authorized the City to enter into this Agreement. With respect to the First Amendment, the "First Amendment Adopting Ordinance" refers to City Ordinance No. adopted on 2007 by the City Council, which approved and authorized the City to enter into the First Amendment. 5. Section 2.2 of the Development Agreement entitled Agreement is hereby amended to read as follows: 2.2 " Agreement" refers to this Development Agreement No. 7 between the City and Pacific View, approved by the City Council on July 10, 1995. The "First Amendment Agreement" refers to this First Amendment to Development Agreement No. 7, approved by the City Council on , 2007. 6. Section 2.4 of the Development Agreement entitled Approval Date is hereby amended to read as follows: The "Approval Date" for purposes of the Development Agreement means the date on which the City Council voted to adopt the Adopting Ordinance approving Development Agreement No. 7. The "First Amendment Approval Date" refers to the date on which the City Council voted to adopt the Adopting Ordinance approving the First Amendment. Version 08 -02 -07 �� 7. Section 2.11 of the Development Agreement entitled Discretionary Approvals is hereby amended to read as follows: "Discretionary Approvals" shall collectively mean as follows: with respect to the approvals granted in 1995, the Negative Declaration certified on July 10, 1995, General Plan Amendment No. 94 -1(F), Use Permit No. 3518, Development Agreement No. 7, and Site Plan Review No. 69, and with respect to the 2007 approvals, the Use Permit No. 2006 -040, Development Agreement No. 2006 -001, and Negative Declaration No. 2007 -01. 8. Section 2.12 of the Development Agreement entitled Effective Date is hereby amended to read as follows: 2.12 The "Effective Date" for purposes of the Development Agreement means the effective date of the Adopting Ordinance approving the Development Agreement. The "First Amendment Effective Date" for purposes of the First Amendment means the effective date of the Adopting Ordinance approving the First Amendment. 9. Section 2.14 of the Development Agreement is hereby amended to read as follows: An "Exhibit" refers to an Exhibit to the Development Agreement and the First Amendment. All Exhibits are incorporated as a substantive part of the Development Agreement and First Amendment. The Exhibits to the Development Agreement and First Amendment are: Exhibit A: Legal Description of Property Exhibit B: Map of Property Exhibit C: The Technical Site Plan dated July 10, 1995, as amended and dated on July 27, 2007. Exhibit D: Preliminary Landscape Plan dated July 10, 1995, as amended and dated on July 27, 2007. Exhibit E: Building Site G Section Diagrams dated July 10, 1995. Reference points: Lots 19, 21, 23 & 28) Exhibit F: Building Site E & H Section Diagram dated July 10, 1995, as amended and dated on July 27, 2007. (Reference point: Lot 7) Exhibit G: Estoppel Certificate Exhibit H: Restrictive Covenant Exhibit I: Garden of Valor Improvement Plans dated July 10, 1995. 5 Version 08 -02 -07 b ' 1 Exhibit J: Computer Visual Simulations dated July 10, 2007. 10. Section 2.13 of the Development Agreement (defining "Estoppel Certificate ") is renumbered to Section 2.14 and the following definition is added in the place of definition Section 2.13: 2.13 "Estate Gardens" means an area where ground burials are permitted and which may include retaining walls, benches, monuments, gardens and landscaping, governed by the restrictions set forth in Section 4(10.)(b.). 11. Sections 2.13 through 2.24, which include the definitions for Estoppel Certificate, Exhibit, Existing General Regulations, Future General Regulations, General Regulations, General Plan, Includes, Mortgagee, Notice, Parties, Planning Commission and Project Specific Approvals, are renumbered to Sections 2.14 through 2.25, respectively. 12. Section 3.1(1.)(c.) of the Development Agreement entitled Buffer Area Landscaping /Irrigation System is hereby amended to read as follows: C. Buffer Area Landscaping/hri atg ion System. The Buffer Area shall be landscaped and improved with an irrigation system. Except for slope areas, the Buffer Area shall be provided with a below ground permanent irrigation system. Slope areas shall be improved with an above - ground irrigation system consisting of U.V. resistant PVC piping. The landscaping shall be installed in accordance with a final landscape plan prepared by a licensed landscape architect which has been approved by the Planning Director and which fully complies with the preliminary landscape plan, attached as Exhibit "D," as amended (the "Final Landscape Plan"). The Final Landscape Plan submitted by Pacific View shall depict location of planting, the minimum number of planting required, and the type and size of plantings such that, in comparison with the Preliminary Landscape Plan, there will be the same screening of Community Mausolea, Family Mausolea and Building Sites E, D, F, G and H from the perspective of ground floor views of the existing residences adjacent to the eastern property line of the Property consistent with the 430 foot mean sea level elevation limitation in the "Height Limitation Area" designated on the Technical Site Plan (Exhibit "C," as amended). 13. Section 3.1(1.)(d.) of the Development Agreement entitled Installation of Landscaping and Irrigation is hereby amended to read as follows: d. Installation of Landscaping and Irrigation. The installation of all required Buffer Area landscaping and related irrigation shall be initiated as described by Section 4.6 of this Agreement, but prior to issuance of building permits for the construction of the remaining phase of Sunset Court in Building Site G. Except as provided in Section 4.6 of this Agreement, the remainder of landscaping and related irrigation shall be installed during the individual Community Mausolea projects. 6 Version 08 -02 -07 All landscaping within the "Height Limitation Area," including Building Sites E, F and G on Exhibit "C" of this Agreement, shall be maintained by Pacific View at or below 430 feet elevation above mean sea level in such a way so as to preserve night light, water and mountain views from existing residences. 14. Section 3.1(1.)(e.)(3) of the Development Agreement is hereby amended to read as follows: (3) Slopes behind the new Family Mausolea in Building Site H shall conform to the Sections depicted in Exhibit "F," as amended. 15. Section 3.1(2.) of the Development Agreement entitled Height Limit is hereby amended to read as follows: 2. Height Limit. All structures shall comply with the 28/32 -foot height limitation measured from the elevations set forth in Exhibit "C" of this Agreement. In addition, no structure or landscaping shall exceed 430 feet elevation mean sea level in the "Height Limitation Area," including Building Sites E, F and G on Exhibit "C" of the Development Agreement. 16. Section 3.1(4.) of the Development Agreement entitled Mausoleum Design is hereby amended to read as follows: 4. Mausoleum Design. All roofs, eaves and facias of new garden crypts and community mausolea shall be constructed of material, color, texture, thickness and pitch to blend with, and complement, the architectural style of the original structures within the park (e.g., Lagunita and Palm Courts). Blank walls of Community Mausolea in Building Sites E and G shall be screened in accordance with the Final Landscape Plan. 17. Section 3.1(9.) of the Development Agreement entitled Archaeological and Paleontological Resources is hereby amended to read as follows: 9. Archaeological and Paleontological Resources. Prior to issuance of a grading permit for development as provided in the First Amendment, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K -4 and K -5 regarding archaeological and paleontological resource investigation, surveillance and recovery. 18. Section 3.2 of the Development Agreement entitled Use Permit No. 3518 Conditions is hereby amended to be entitled "Use Permit No. 3518 and Use Permit No. 2006 -040 Conditions." 19. Section 3.2(1.) of the Development Agreement is hereby amended to read as follows: 7 Version 08 -02 -07 '0�\ I. Exhibit "C" depicts the approximate size, configuration and location of building envelopes for future Community Mausolea to be constructed within the Property. Community Mausoleum shall mean any mausoleum building or crypt wall structure containing interment spaces capable of accommodating casketed remains, and which are available to the public at large. Future Community Mausolea shall be permitted only in Building Sites A, C, E and G and within the Building Envelopes specified on the Technical Site Plan (Exhibit "C," as amended). 20. Section 3.2(2.) is hereby amended to add new Subsections (f) and (g) to provide as follows: f. Religious, ornamental and other vertical objects shall not be permitted on the roof or protrude above the roofline of the Family Mausolea located in Building Site H, Area 8. g. Estate Gardens shall be constructed into the slope supported by retaining walls consistent with the visual simulations prepared by the City and as shown on Exhibit "F," as amended. No monuments, fences, gates or other elements except plant material shall exceed the top height of the walls of the Estate Gardens or the total height of the terraced slope. 21. Section 3.2(2.)(a.) of the Development Agreement is hereby amended to read as follows: a. Family Mausolea and Columbaria shall not exceed 15 feet in height, 22 feet in width and 12 feet in depth; provided, however, in Building Site G, Family Mausolea and Columbaria shall not exceed 14 feet in height. In Building Site H, there shall be no more than six (6) Family Mausolea, as follows: a total of two (2) Family Mausolea may be built in Building Envelopes 5 and 6, and are limited in size to a maximum of 15 feet in height, 22 feet in width and 12 feet in depth; and in Building Envelopes I, 2, 3, and 4, a total of four (4) Family Mausolea may be built, not to exceed a maximum of 17 feet in height, 22 feet in width and 17 feet in depth, as depicted on Exhibit "D," as amended. 22. Section 3.2(2.)(b.) of the Development Agreement is hereby amended to read as follows: b. Family Mausolea and Columbaria shall be permitted in Building Site D. Family Mausolea and Estate Gardens shall be permitted in Building Site H. Pad height elevations and finish floor elevations for new Family Mausolea shall comply with elevations indicated on Exhibits "C," "D" and "F," as amended. 23. Section 3.2(3.) of the Development Agreement is hereby amended to read as follows: 3. The General Plan Amendment and Technical Site Plan provides for a maximum of 30,000 square feet of administrative offices and support 8 Version 08 -02 -07 1C�a- facilities, 114,480 square feet of Community Mausolea, and 12,000 square feet of Family Mausolea. Square footage for Columbaria, if any, shall be deducted from Community or Family Mausolea allotments at Pacific View's option. The allotments described in this subsection include development on -site as of the date of this Agreement. As described in Section 4. 1, overhangs, eaves, walkways, and similar architectural features and improvements shall not be counted against permitted square footage. 24. Section 3.2(l 0.) of the Development Agreement entitled Manor Adjustments is hereby amended to read as follows: 10. Minor Adjustments. Given the extended period of years over which the property will be developed, minor adjustments necessary for safety, maintenance, slope engineering, landscaping, the engineering of building pads, and the reorientation of structures within existing building envelopes, shall be allowed with the approval of the Planning Director, so long as such minor adjustments are consistent with the building envelopes and at or below the building height limits shown on Technical Site Plan Exhibit "C," as amended, and do not involve changes or additions to the number, type, height or placement of structures (other than changes in the orientation of structures within building envelopes specified in accordance with Exhibit "C," as amended). 25. Section 3.2 is hereby amended to add a new Subsection (11) to provide as follows: 11. All conditions of Use Permit No. 3518 and No. 2006 -001 are hereby incorporated as conditions of this Development Agreement. 26. Section 4(2.)(e) of the Development Agreement is hereby amended to read as follows: (e) Roof elevations of new Family Mausolea in Building Site H shall not exceed the heights indicated on Exhibits "D" and "F." 27. Section 4(2.)(f) of the Development Agreement is hereby amended to read as follows: (f) Pad elevations of new Family Mausolea in Building Site H shall comply with the pad elevations indicated on Exhibits "D" and "F." 28. Section 4(5.) of the Development Agreement entitled Phasing is hereby amended to read as follows: 5. Phasing. Pacific View may develop the Community Mausolea in Building Sites E and G in one or more phases. For the purposes of this Agreement a "phase" shall mean the construction of one or more Community Mausolea structure(s) within one or more of the Building Envelopes shown on the Technical Site Plan (Exhibit "C," as amended). 9 Version 08 -02 -07 �9 The first phase shall include the completion of Sunset Court within Building Site G (but may, in Pacific View's discretion, also include one or more additional Community Mausolea in Building Site G). A minimum period of thirty (30) months shall be required to have elapsed between the completion of construction of any phase and the initiation of construction of any subsequent phase. Construction of each phase shall be completed within nine (9) months of the commencement of construction. Subject to the requirement that Pacific View commence the additional screening of Sunset Court required by Section 4.4 and issuance of appropriate permits, construction of the first phase authorized by this Agreement may commence upon the Effective Date of the Development Agreement. The phasing requirements in this Agreement pertain exclusively to the grading and site preparation for, and construction of, new Community Mausolea and do not apply to any Family Mausolea, Columbaria or other improvement, structure, or appurtenance of the Property. The additional screening to Sunset Court required by Section 4.4 shall not be considered a "phase" for purposes of this Agreement. 29. Section 4(6.) of the Development Agreement entitled Buffer Zone Grading and Landscaping is hereby amended to read as follows: Buffer Zone Grading and Landscaping. Pacific View shall commence study and analysis of the grading and landscaping for the Buffer area and Building Sites E & G within sixty days after expiration of the applicable Statute of Limitations, assuming no legal challenge has been filed to this Agreement or the Discretionary Approvals, and thereafter apply for all necessary permits. Grading for the Buffer Area and Building Sites E & G shall be completed within six (6) months after commencement of construction of the remainder of the Sunset Court Mausoleum in Building Site G. Pacific View shall also complete the installation of landscaping and irrigation systems in the entire Buffer Area as specified in the Final Landscape Plan within this six (6) month period. Pacific View shall be permitted to subsequently encroach into, remove a portion of or otherwise disturb Buffer Area landscaping and irrigation as specified in Section 3.1.1(B). Within six (6) months of the Effective Date of the Development Agreement, Pacific View shall plant twenty -six (26) fifteen - gallon trees within Area 8 (as shown on Exhibits "C" and "D ") designated on Exhibit "C" hereto, and shall plant five (5) twenty- four -inch box trees along the northeasterly boundary of Building Site D as shown in the Preliminary Landscape Plan. In Building Site H, Pacific View shall plant landscape buffering consisting of a total of two (2) thirty- six -inch box trees on the slope around each Family Mausoleum Building Envelope as shown on Exhibits "D" and "F," as amended. The trees shall be planted within (12) twelve months of the effective date of the First Amendment, or prior to the issuance of a building permit for the first 10 Version 08 -02 -07 t q, structure, whichever is earlier. At the time of construction of any Family Mausoleum in Building Site H, one (1) additional 48" box tree shall be planted at the side or rear elevation of the structure and one (1) additional 36" box size tree shall be planted adjacent to the front elevation of the structure as depicted on Exhibit "D." Prior to the issuance of a building permit for the first structure in Building Site H, Pacific View shall submit a Final Landscape Plan that depicts the location, type and size of all plantings so that, in comparison with the revised Preliminary Landscape Plan (Exhibit "D," as amended by the First Amendment), there would be the same amount of screening of Family Mausolea and Estate Gardens in Building Site "H ", Area 8 as in the Preliminary Landscape Plan. The Final Landscape Plan shall be reviewed and approved by the Planning Department prior to the issuance of a building permit for the first structure. Prior to issuance of a certificate of occupancy for any individual Family Mausoleum, Pacific View shall plant all trees determined by the City, in its sole discretion, to be necessary to screen the constructed Family Mausoleum in Building Site H from the ground floor views of the residential properties as depicted in the computer visual simulations attached and marked as Exhibit "J" and as shown on Exhibits "D" and "F," attached to the First Amendment. 30. Section 4(10.)(a) of the Development Agreement entitled Building Site E is hereby amended to read as follows: (a) Building Site E Except for the Community Mausoleum and Crypt Wall, Pacific View is permitted only below ground interment and the installation of plaques or memorials at or below grade in Building Site E. Pacific View shall not install pillow blocks, benches, memorials or other above grade objects (exclusive of landscaping as provided in the Final Landscape Plan and trash receptacles only as necessary). Construction of the Community Mausoleum and Crypt Wall in Building Site E shall not commence prior to January 1, 2014. 31. Section 7.2 of the Development Agreement entitled Term of Agreement is hereby amended to read as follows: 11 Version 08 -02 -07 \S q 7.2 Term of Agreement. The term of the Development Agreement shall begin on the effective date of the First Amendment and continue for eighteen (18) years unless otherwise terminated or modified pursuant to this Agreement (including, but not limited to, the extension provisions of Section 11.16 hereof). In addition, the term of this Agreement shall be automatically extended for an additional seven (7) year term if, at the end of the expiration of the initial eighteen (18) year term, Pacific View has not completed all of the development authorized by the Development Agreement and the First Amendment. 32. Section 7.4 of the Development Agreement entitled Amendment of Agreement is hereby amended to read as follows: 7.4 Amendment of Agreement. Notwithstanding the provisions of Section 65868 of the California Government Code, Pacific View waives any right it may have, now or in the future, to amend, change or modify the Development Agreement, and shall not amend, change or modify, or request or otherwise seek to amend, change or modify, the Development Agreement for a period of not less than fifteen (15) years from the effective date of the First Amendment to the Development Agreement. In the event there is a conflict between this provision agreeing not to amend, change or modify the Development Agreement with any other provision of the Development Agreement, statute, ordinance, regulation or law governing the Development Agreement, this provision and intent shall govern. 33. Section 11.1 of the Development Agreement entitled Notices is hereby amended to update the contact information for Pacific View, to read as follows: To Pacific View: Pacific View Memorial Park 3500 Pacific View Drive Newport Beach, CA 92663 Attention: Robert Motzkin With a copy to: Clark & Green Associates 150 Paularino Ave., Suite 160 Costa Mesa, CA 92626 Attention: Michael Green and a copy to: Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 Attention: Dennis D. O'Neil, Esq. 34. The Development Agreement is hereby amended to provide that all sections of the Development Agreement containing the words "Agreement," "this Agreement" or "modified Agreement" shall also include a reference to this First Amendment. 12 Version 08 -02 -07 1 ,Vlo 35. The term "Approval Date" as applied to those sections in the Development Agreement means the date on which the City Council voted to adopt the Adopting Ordinance approving the Development Agreement. The term "First Amendment Approval Date" means the date on which the City Council voted to adopt the Adopting Ordinance approving the First Amendment. 36. The Development Agreement is hereby amended to provide that all sections of the Development Agreement referencing Exhibit "C" (Technical Site Plan), Exhibit "D" (Preliminary Landscape Plan) and Exhibit "F" (Building Site E &H Section Diagram) shall be as amended. 37. Counterparts. This First Amendment may be executed in counterparts, each of which so executed shall be deemed an original, and such counterparts together shall constitute but one Amendment. 38. No Other Changes. Except as modified by this First Amendment and Exhibits "C," "D," "F" and "J," the terms and conditions of the Development Agreement, including this First Amendment and the amendments to Exhibits "C," "D" and "F" and new Exhibit "J," remain in full force and effect and shall be incorporated as a part of and interpreted as one integrated agreement covering the subjects included therein. 13 Version 08 -02 -07 ql IN WITNESS WHEREOF, City and Pacific View have entered into this First Amendment on the date first written above. APPROVED AS TO FORM: Robin Clauson, City Attorney ATTEST: :'0 LaVonne Harlkess, City Clerk CITY: CITY OF NEWPORT BEACH, a Charter City and municipal corporation organized and existing under the laws of the State of California Lo Steve Rosansky, Mayor PACIFIC VIEW: SCI CALIFORNIA FUNERAL SERVICES, INC. doing business as PACIFIC VIEW MEMORIAL PARK By: Name: Title: By: Name: Title: 14 Version 08 -02 -07 l y ATTACHMENT L DRAFT INITIAL STUDY /NEGATIVE DECLARATION The document is in separate binder and available for public review at the City Clerk's Office and Planning Department. RCA ATTACHMENT M 1995 ADOPTED INITIAL STUDY /NEGATIVE DECLARATION ?:6\ • 0 LJ boa- v S OF NEWPORT BEACH r 3300 Newport Boulevard 4900 ® UNewport Beach, CA 4 0 JU � ss G L E ®F DETERMINATICVOYLMA +erk.Recordar To: Office of Planning and Research From: City of Newport Beao� El Sacramento, Tenth Street, Room 121 Planning Department Sacramento, CA 95814 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA MM -8915 County Clerk, County of Orange (Orange County) ED Public Services Division P.O. Box 838 Date received for filing at OPR: Santa Ana, CA 92702 Subject. Filing of Notice of Determination in compliance with Section 2110 ,65 f %z Public Resources Code. NtuneofPro*' Pacific View Memorial Park (Development AAt: State Clearinghouse Number. City Contact Person: Te ph o.: "•r N/A John Douglas 714 /644 -3230 Project Location: Easterly terminus of Pacific View Drive (N /San Joaquin Hills Road, E /Marguerite Ave.) ProjectDescnption: Adoption of a Development Agreement for the Pacific View Memorial Park Master Plan This is to advise that the City of Newport Beach has approved the above described project onJuly 10, 1995 and has made the following determinations regarding the above described project: (Date) 1. The City is l2 Lead Agency ❑ Responsible Agency for the project. 2. The project ❑ will ® will not have a significant effect on the environment. 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ® were ❑ were not made a condition of the approval of the project. 5. A Statement of Overriding Considerations ❑ was 9was not adopted for this project. 6. Findings ® were ❑ were not made pursuant to the provisions of CEQA. The final EIR or Negative Declaration and record of project approval is available for review at the Planning Depart- ment of the City of Newpo each, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915; 714/644 -3225. John uglas, P, Environmental Coordinator Date Revised 11/94 V� . 0 Jf1L 1 z 1995 FILED I v A."RNIA DEPAV7 ' JUL 12 1995 CERTIFICATE OFW tce rk- Rft order De Minimis Impact Finding DEFUry A. Name and Address of Project Proponent: City ofNewport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca. 42654 -1768 B. Project Description: Adoption of a Development Agreement for the Pacific View Memorial Park C. Project Location: Easterly terminus of Pacific View Drive (N /San Joaquin Ifills Road, EJMarguerite Ave.) D. Findings: The City of Newport Beach has conducted an Initial Study to evaluate the project's potential for adverse environmental impact, 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 Mnimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR E. Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. -7 Date, F: 1WP51TLANNMCPJOHN •DIFORMS\DFGEXGM Jo Dou AICP E mn ordinator City ofNewport Beach aba RECEIVED BY PLANNING DEPARTMENT CITY 06 NEWPORT BEACP AM AUG 2.2 1995 PM 71gIgI�lUl�11121�i�15�6 E � OFFICE OF :E COUNTY CLERIC SMZ . i • ee To: C'ti cd C -F 12tUDPW-i fW OAT_ AUG 18 1995 GARY L GRANYgIE COUNNp ODMOM » LOPHOM [7141 a3, 2m M N. !ROADWAY P.O. BOX bC SANTA ANA. CA n7YI SUBJECT_ Environmental impact Reports - Amendment of "Public Resources Code, Section 21092-3-- 'fie attached Notice received, filleed, and a cr,pv was poste. On T -C remained nested for 30 (Ci=ty) ca e—^ca= days. Ca:f T C Cy C1e o the State f Cal; ?o f o\\uag}� Of 0 ce . Rescur =e Ccde _' -092. °he HOCices SeSllire_ pursuant t0 Set -_Cps 210$0.4 and 2 -0 °2 for a e,7= rcr=e'1CS� ii'IDcC= _eyor= saaLli be ocsr—ec '_n Z+he Of_ice,Of tile. County Clert of each COunC -* *:Ln wil_C'1 t'ie urojecz wi i be locaCeC and shad remain posted fcr a per =od of 30 days . Tae r_otics be so oosted for a Geri od of 20 days unless otherwise reaw; red by law cc be OOsted for 30 days 'Pale County Clerk shall- uosC RCC,Ces within 24 iIours of r- ceipC. 3•fli_C Rescue Ccce 2= _52!c) notices _'_le pursuant =c this section saa?_ be aval -able fcr I ublic _nsne ciOC_ a d s;,^1_ be ocsue **+ w= =hin 24 :!curs Cf 7ece_10C xm the Of_iCe Of the COlII1Cit Clerk- Each 10C'Ce shali - emai_n uoste= for a oer'_OC Of 20 Oays YTt. Thereaf = =_r_ the clerk C!Sac� _eCIIrn rzae ncCice CC t':e 1 ocall lead acencv T " w1ch a ra02 70C-=C:.on Of the Ceriod iz was OCszed. iae local '=cC a enC7 sail- }( -eta_: the uCCice for act less ---n ,-n nine mcnu -_is. �✓ , TTY OF NEWPORT B&, H 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658.8915 (714) 644.3= NEGATIVE DECLARATION To: Office of Planning and Research 1400 Tenth Street, Room 121 ❑ Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 838 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR/County Clerk: �• .. , r .. NaWOfPr*Ct: Pacific View Memorial Park; GPA 94 -1(F), UP 3518, SPR 69A, DA 7 3500 Pacific View Drive, Newport Beach Project Location: (Easterly terminus of Pacific View Drive) General Plan Amendment, Use Permit, Site Plan Review and Project Description: Development Agreement for the expansion of an existing memorial park. Finding: Pursuant to the provisions of City Council PolicyK-3 pertainingto procedures and guide& Aoimplement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the pr,)puwd project and vet ermined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is © attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision- maker(s) prior to final action on the.proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. Ifyou wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identifywhat environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned. Date March 20, 1995 John H Do as, AICP Enviro al CoordinhAr �,�wi RevLs d IM .�j ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Pacific View Memorial Park 2. Lead Agency Name and Address: City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -8915 3. Contact Person and Phone Number: John Douglas, Environmental Coordinator (714) 644 -3230 4. Project Location: Easterly terminus of Pacific View Dr., Newport Beach, California 5. Project Sponsor's Name and Address: Pacific View Memorial Park c% Robert Levonian 436 W. Colorado Blvd., #215 Glendale, CA 91204 6. General Plan Designation: GEIF (Governmental, Educational & Institutional Facilities) 7. Zoning: R -3 -13; Unclassified 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. See attached analysis 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Existing memorial park surrounded by residential neighborhoods on the north, east and south, and by Big Canyon Reservoir and Harbor Day School on the west. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None 1 ab�} ENVIRONMENTAL I :TORS POTENTIALLY AFFECTE The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact' as indicated by the checklist on the following pages. Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Transportation/ Circulation ❑ Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Public Services ❑ Utilities & Service Systems Aesthetics Cultural Resources ❑ Air Quality X Noise ❑ Recreation X Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ 2 �Dq I find that although IN proposed project could have a signm wt effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ 4 nare John H. Douglas, AICP Printed Name Date ' bA EVALUATION OF EI,,JIRONMENTAL IMPACTS: II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official ❑ ❑ ❑ regional or local population projections? b) Induce substantial growth in an area ❑ ❑ ❑ either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially ❑ ❑ ❑ affordable housing? ( ) 4 X10 ' Powmab sionfficart Potenealy urdm Less Om sowicaM mitigation significant No impact Incorporated Impact Impact 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan design- ❑ ❑ ❑ tion or zoning? (source #(s): ) b) Conflict with applicable environ- ❑ ❑ X ❑ mental plans or policies adopted by agen- cies with jurisdiction over the project? c) Be incompatible with existing land ❑ ❑ ❑ use in the vicinity? ( ) d) Affect agricultural resources or ❑ ❑ ❑ operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical ❑ ❑ ❑ arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official ❑ ❑ ❑ regional or local population projections? b) Induce substantial growth in an area ❑ ❑ ❑ either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially ❑ ❑ ❑ affordable housing? ( ) 4 X10 ' III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts Involving: a) Fault rupture? ( ) b) Seismic ground shaking( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or un- stable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) 9 Unique geologic or physical features? ( ) N. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge Into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbid- ity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) 1) Change in the quantity of ground waters, either through direct additions or withdrawals, or through Interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) slaMr�caM PO M * Unless Less#= slpnMcard Wduatlon siexM No Impact incrorporated Impact Impact O O O O O O O O O O O O 0 JFA O O O O O O 5 g. Altered direction or rate of flow of groundwater? ( ) h. Impacts to groundwater qualty? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air qualty violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) After air movement, moisture, or temp- erature, or cause any change in climate? d) Create objectionable odors? ( VI. TRANSPORTATIONJCIRCULATION. Would the proposal result in impacts to: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or imcompatible uses (e.g. farm equipment? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) insufficient parking capacity on -site or off -site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic impacts? O signMCW Impact No FOW 0 !J A unim Mmostbn rnowp01 W i ■ ❑ X ❑ C 0 0 'Aaw. ■ ■ r■n c:. 11 0 M;-' sglniscant Pdenday uriew Less than SgniRcant Mdipation significant No Impact Incorporated Impact Impact VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species ❑ ❑ ❑ or their habitats (including but not limited plants, fish, insects, animals, and birds)? b) Locally designated species (e.g. ❑ ❑ ❑ heritage trees)? ( ) C) Locally designated natural ❑ ❑ ❑ communities (e.g. oak forest, coastal habitat, eta)? ( ) d) Wetland habitat (e.g. marsh, riparian ❑ ❑ ❑ and vernal pooq? ( ) a) Wildlife ) dispersal or migration ❑ ❑ ❑ VIII. ENERGY 3 MINERAL RESOURCES Would the proposal: a) Conflict with adopted energy conserva- ❑ ❑ ❑ tion plans? ( ) b) Use non - renewable resources in a ❑ ❑ ❑ wasteful and inefficient manner? ( ) c) Result in the loss of availability of a ❑ ❑ ❑ known mineral resource that would be of future value to the region and the residents of the state? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or ❑ ❑ ❑ release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible Interference with an ❑ ❑ ❑ emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or ❑ ❑ ❑ potential health hazard? ( ) d) Exposure of people to existing sources ❑ ❑ ❑ of potential health hazards? ( ) 7 a o X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) p X O O b) Exposure of people to severe noise O O X O levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in Pateft y sl�ra�e umess Less man a need for new or shared government scent Mitigation ftntlica t No services in any of the following areas: Impact Incorpmated Impact Impact e) Development on or near a fisted O O X O hazardous waste site pursuant to Govt. O O, O Code Sec. 85962.5? ( ) O O O X Q Increased fire hazard in areas with O O O O flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) p X O O b) Exposure of people to severe noise O O X O levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or shared government services in any of the following areas: a) Fire protection? ( ) O O X O b) Police protection? ( ) O O, O c) Schools? ( ) O O O X d) Maintenance of public faclfties, O O O Including roads? ( ) e) Other governmental services? ( ) O O O XIL UTILITIES & SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following uIllblies? a) Power or natural gas? ( ) O O O b) Communications systems? ( ) O O O c) Local or regional water treatment or O O O distribution facilities? ( ) d) Sewer or septic tanks? ( ) O O O e) Storrs water drainage? ( ) O O O 0 Solid waste disposal? ( ) O O O g) Local or regional water supplies?( ) O O O 8 a t� 9 7,l PoteW Slptifleant PrtefiNy Unless Less than stnNicard MNlgatbn Slgmacant No impact IncwWated Impact Impart )(Ill. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic ❑ p p highway? ( ) b) Have a demonstrable negative ❑ p p aesthetic effect? ( ) c) Create light or glare? ( ) p p p d) Affect a coastal bluff? ( ) ❑ p p XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) ❑ p p b) Disturb archaeological resources? ( ) ❑ p p c) Affect historical resources? ( ) ❑ p p ist( ��� d) Have the potential to cause a physical ❑ ❑ p change which would affect unique ethnic or cultural values? ( ) e) Restrict existing religious or sacred ❑ ❑ ❑ uses within the potential impact area? ( ) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood ❑ ❑ p or regional parks or other recreational facilities? ( ) b) Affect existing recreational ❑ ❑ p opportunities? ( ) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ❑ p p degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California History or prehistory? 9 7,l .✓ Fote" Sknificant . Fotermay Unless Less Um . sofficard Mitigation slgnmeant No impact Incorporated impact impact b) Does the project have the potential to ❑ ❑ p achieve short -term, to the disadvantage of long -term, environmental goals? c) Does the project have impacts that are ❑ ❑ p Individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current Projects, and the effects of probable future projects) d) Does the project have environmental ❑ ❑ p effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitgation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were Incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. f.WlrmV4w"n9UM%DW%EIRFORM 10 Otto X PMIAL STUDY CHECKLIST EXPLANATIONS Pacific View Memorial Park GPA 94- 1(F)/UP 3518/SPR 69/DA 7 INTRODUCTION On February 2, 1995 a Negative Declaration was posted for this project. Public hearings were held by the Newport Beach Planning Commission on February 23 and March 9, 1995. In response to comments by the Commission and the public the applicant has submitted revisions to the project that are intended to address the major concerns expressed at the public hearings. The key aspects of these revisions are summarized as follows: ♦ The minimum setback for structures and ground interments would be increased from 30 feet to 60 feet from the eastern property line, with a 75 -foot setback at some locations. ♦ The maximum amount of community mausoleum structures would be increased from the previous proposal of 98,600 square feet to 126,700 square feet, or an equivalent building bulk restriction. The limit of 30,000 square feet of administrative office/support facilities and 121000 square fret of family mausoleums (or equivalent building bulk) would remain the same as the previous proposal. ♦ Consideration of a Development Agreement has been included in the list of proposed actions. PROJECT DESCRIPTION The project consists of a General Plan Amendment, Use Permit, Site Plan Review and Development Agreement to increase the allowable development intensity and establish development standards for the . existing Pacific View Memorial Park, located at the easterly terminus of Pacific View Drive (see attached vicinity map). The proposed General Plan Amendment would establish a 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 for non - habitable structures). 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. Approval of a Use Permit is requested to establish a master plan for the property and permit the interim use of a temporary building for sales offices associated with the cemetery operation Approval of a Site Plan Review is also requested to establish grade for one or more mausoleum sites. Pacific vim Me vonat Park ktitia sway Pop 1 7)l'\ Approval of a Development Agreement is proposed to provide additional assurance to the City, the applicant, and the community that the project will be developed in accordance with the approved plans and requirements. Copies of the site plan, section diagrams and view illustrations are available for public review in the office of the Planning Department during normal business hours. SURROUNDING LAND USES Pacific View Memorial Park is surrounded by Big Canyon Reservoir and Harbor Day School on the west, single - family residential neighborhoods on the north and east, and single -family homes across San Joaquin Nulls Road to the south ANALYSIS L A Land Use and Plannine The property is designated for Governmental, Educational and Institutional Facilities in the Land Use Element of the General Plan, and is currently allowed a maximum floor area of 50,000 square feet. A General Plan Amendment is proposed to establish a separate development allocation 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. Zoning for the property is "R -3 -B" (Multiple-Family Residential) and 'U' (Unclassified). Pacific View Memorial Park is surrounded by Big Canyon Reservoir and Harbor Day School on the west, single - family residential neighborhoods on the north and east, and single - family homes across San Joaquin Hills Road to the south. The property is no within the Coastal Zone. Potential impacts The City has determined that the existing General Plan development allocation includes mausoleum floor area, therefore the proposed master, plan would exceed the current entitlement for the site The proposed General Plan Amendment would eliminate this conflict. The proposed master plan does not conflict with the zoning designation for the property. The project would not affect agricultural operations, nor disrupt the physical arrangement of an established community. vou Vim Meniondrn uti.i s * B Continued development of mausoleum or support facilities could result in impacts to adjacent residential areas if not appropriately located, designed and buffered with setbacks and landscaping. (Additional analysis is provided below under Noise and Aesthetics) Approval of the proposed General Plan Amendment would eliminate conflicts between the master plan and the Land Use Element designation for the property. The mash plan has been designed so as to substantially reduce potential land use conflicts between the memorial park and adjacent residential uses. The following mitigation measures would implement the applicable provisions of the master plan: L Buffer Zone a A 60 -foot minimum landscaped buffer zone shall be provided along the eastern properly line adjacent to residential properties No stricture.; roams walkway walls, or grotmd internments shall be permitted within this zone. This buffer shall widen to 75 feet at mausoleum strictures in Building Site E and G as indicated on the site plan b. The setback area shall be landscaped and provided with a penny rent irrigation system. Scdd kndwVmg shall be installed in acacordance with a pkn designed by a licensed landscaped architect and approved by the City of NeRport Beach Said landscaping shall be maintained -by Pacific New in such a way as to preserve night light, water and mountain views from existing residences C. Level of si i„p ficance The proposed General Plan Amendment, master plan design specifications, and recommended mitigation measures would reduce potential land use impacts to a level that is not significant. IL Population and Housing A. Potential impacts The project is institutional and is not directly related to population or housing growth. The proposed project would have no direct effects on the area's population or housing No additional employees would be expected. Pecfe ViewManaid Prk h,Wd sw* Pap a,°1 X B Hfigation No mitigation is required. C Level of significance No significant impacts would be anticipated. III. Geolovic Problems The property lies on sloping terrain that falls from east to west. Elevations range from ±435 feet on the east down to ±315 feet on the west. The average grade for the entire site is approximately 15 %. No significant geologic problems affecting the site are known at this time. No known active earthquake faults are located within the immediate vicinity, although the property is subject to groundshaking during earthquakes. A Potential impacts If unstable soil conditions exist where new structures are proposed, remedial earthwork may be required prior to construction. Soil erosion could occur during grading and construction if appropriate erosion control methods are not followed. The applicant has indicated that no borrow or stockpile sites will be necessary, as excess earth will be spread over undeveloped areas. Each internment site generates approximately 1.5 cubic yards of excess earth. B Mb ion The City Excavation and Grading Code (NBMC Sec. 15.04.140) contains requirements for geotechnical evaluation and erosion control methods to ensure that any future grading and construction is done in such a manner as to minimize the potential for erosion or unstable conditions. C. Level of s rum Existing requirements of the Excavation and Grading Code would reduce potential impacts below the level of significance. Pew- vim, Maumd Puk m;rid sb* PW a 1�-),b TV. Water �y) The project site is located within the Big Canyon drainage, which flows to Upper Newport Bay. The property is not located within a floodplain. Big Canyon Reservoir is a City -owned domestic water storage facility immediately adjamt to the western boundary of the site. The reservoir is lined and surrounded by a berth, and no surface runoff or subsurface flows can enter the reservoir. The site does not he above an aquifer used for domestic water supply. A. Potential impacts Construction impacts: Potential sources of water contaminants include soil erosion, spillage or leakage of fuel and oil from construction equipment, and construction debris which could be washed into Upper Newport Bay via Big Canyon and the storm drain system during storms. The project would not directly alter any drainage pattems or bodies of water. Operational km =s: After completion of the project, pollutants from parking areas, streets and driveways (such as coolant, oil and grease drippings), and fertilizers and pesticides from landscaped areas could be washed into surface waters. Some increase in impervious surfaces would result from construction of additional facilities, which would result in an increase in runoff during storms. B. M iitieation Construction impacts: All grading activities are required to comply with the erosion control provisions of the City's Excavation and Grading Code (NBMC Sec. 15.04.140), as well as the requirements of the National Pollutant Discharge Elimination System ( NPDES), which will substantially reduce pollutant runoff. Operational impacts: Potential operational impacts to stormwater runoff will be mitigated through compliance with NPDES requirements. Any future construction would also be required to provide adequate drainage facilities as required by the City s building code. C. Level of significance With the mitigation measures required by the Grading and Excavation Code and the NPDES program, impacts would be reduced below the level of significance. Pwfic vu: MWWW ra,t MWd sally PW 5 �a� V. Air Oual ' A. Potential impacts C. VL A. Construction impacts: Potential effects on air quality would result from dust, construction equipment exhaust, and construction traffic emissions generated during grading and construction. Operational impacts: No substantial increase in traffic would be expected to result since the project is an existing facility, therefore no substantial increase in vehicle exhaust emissions would occur. There are no other operational characteristics of the project that could result in significant air quality impacts. The only known hazardous or toxic substance used or stored on the property is formaldehyde, but the amount is below the reportable quantity required by law and is not considered to be significant. Mitigation Construction impacts: All grading activities will be required to comply with the dust suppression provisions of the City's Excavation and Grading Code (NBMC Sec. 15.04.140) and AQMD Rule 403. Operational impacts: Since no substantial increase in vehicular travel would be anticipated, no mitigation is necessary. There are no other potential operational impacts to air quality that would require mitigation. Level of significance Construction impacts: With the mitigation measures required by the Grading and Excavation Code and AQMD Rule 403, impacts would be reduced below the level of s4gnificance. Operational impacts: No significant impacts would be expected during operation. Transportation /Circulation/Parkine Potential impacts Construction impacts: A temporary increase in traffic would be generated during construction of new facilities. Operational impacts: The site is located at the easterly terminus of Pacific View Drive, a 2-lane commuter road. The property contains a network of private drives providing access to the facilities No substantial increase in traffic beyond current levels would be anticipated. The Pwfflc ViawMe al Pwk t" sh* Page 6 aa� primary source of traffic is funeral ceremonies, which would not be expected to increase substantially in frequency or size as a result of the project An extension of the intemal loop road system is planned in Areas 3, 4, 5 and 12. In Area 12 the road will be required to maintain a 150 -foot setback from the eastem property line as a buffer for residential properties. There are currently 24 parking spaces located in front of the administrative offices which are used by office employees and visitors. In the maintenance area there 181 parking spaces for maintenance employees. To the southeast, near the flag pole, there is a staging area for funeral Processions that can accommodate as many as 70 cars. In addition, there is curbside parking available throughout the 1.29 miles of private roads within the park. Based on these figures, as well as the fact that staff has never been aware of any parking problems within the park, the existing on -site parking is considered adequate for the proposed operation of the cemetery. B Nfitigation Construction impacts• All construction activities shall be required to comply with the traffic control provisions of the Work Area Traffic Control Handbook to ensure that no hazardous tragic conditions occur during construction. Operational impacts: No mitigation is required. C. Level of significance No significant impacts would be expected. VII. Bioloeical Resources A. Potential impacts The project site is covered by landscaping and ruderal weeds. No significant native vegetation or wildlife habitat are present. The project would not substantially affect any natural vegetation or wildlife habitat. B Mum 'n No mitigation is required. C. Level of si nig ficance No significant impacts would occur. PW&CV'a MCRMd Park haw Sh* Pap 7 1 1�a3 L3 VIIL Enemy & Mineral Resources Ligon —=,, I y: No substantial change in the use of energy is anticipated. No known significant mineral resources are located on the property. B Mtigahon No mitigation is required. C. Level of sigufficanoe No significant impacts would be expected. IX. Hazards & Potential impacts During construction, fuel or oil could be spilled from equipment creating a potential risk. No Other potential hazards would be expected. The project would not interfere with any emergency response or evacuation plans. The only other known hazardous or toxic substance used or stored on the property is formaldehyde, but the amount is below the reportable quantity and is not considered to be significant. B. Mitigation Existing provisions of the Municipal Code and state law require that fuel and oil spills be cleaned up promptly. No additional mitigation measures are necessary. C Level of significance Compliance with existing law would reduce potential impacts to a level that is not significant. X. Noise A Mential impacts Construction noise impacts Temporary noise would occur during grading and conduction operations. Construction activities near the adjacent residential neighborhoods could disturb occupants of those areas. PWWw View Men W Pads Im" SW4 PWS PA Operational noise impacts could result from traffic generated by the project and from outdoor fimeral services. Projected traffic generation is not expected to increase substantially as a result of the project, therefore no new significant impacts due to traffic noise would be anticipated. Outdoor memorial services could generate noise that could impact adjacent residents if services were hell near the common boundary with residential properties. In order to assist the City in determining the significance of noise impacts due to memorial services a consulting noise engineer was retained. The consultant's report compared estimated noise levels associated with two alternative mausoleum locations, with the rear wall located either 30 feet or 80 feet from the residential property line. The consultant's report indicated that although noise levels would be apprmmmately 5 dB higher with a 30 -foot setback as compared to an 80 -foot setback, the actual noise level in the rear yards of adjacent residences would be well within acceptable limits with either mausoleum location. The study indicates that with a 30 -foot setback noise levels would be about 60 dB even if the noise source were 90 dB, an unrealistically high assumption for memorial services. A copy of the consultant's report is attached. B Miiti ag tion All construction activity is required to comply with the noise limitations in the Citys Noise Ordinance (NBMC Chapter 10.28) and is restricted to the hours of 7:00 a.m. to 6:30 p.m. weekdays and 8:00 a.m. to 6:00 p.m. Saturdays. This restriction will substantially reduce noise impacts to residential areas. In addition, Mitigation Measure No. 1 provides that a 60 -foot buffer zone (with a 75 -foot buffer zone at specified mausoleum locations) shall be maintained along the eastern property line, with no burial sites or walkways permitted within this zone. A 150 -foot minimum setback is proposed between the future loop road extension and the eastern property line in Area 12. B Level of sincance Compliance with the existing Noise Ordinance and the proposed design restrictions would reduce potential impacts to a level that is not significant. XL Public Services Public or governmental services would not be affected by the proposed project. The project would have no substantial effect on demand for public services, including fire police, schools, roads, or other services and facilities. PwificVtmK4mnmdPwk mind U* Pap 9 2a5 W No mitigation is required. C. Level of si ificance No significant impacts would be expected. II IL Utilities & Service Systems A. Potential unp M The site is adequately served by existing utilities and no significant alteration or expansion of existing utility systems is anticipated. B. Mh ation No mitigation is required. C. Level of si Oggnce No significant impacts would be expected. XUL Aesthetics/Light and Glare A Potential impacts The project is located adjacent to residential neighborhoods that have prominent views of the ocean and Newport Bay. New structures or landscaping located near the northern and eastern property lines could adversely affect these private views. No views from scenic highways or public areas would be affected by the project. If construction sites and landscaping are not maintained in a neat and orderly fashion, adverse aesthetic impacts to adjacent residential areas could result. The project could produce fight and glare that could adversely affect nearby residential properties if exterior fighting is placed on mausoleum structures. No coastal bluffs would be affected by the project. rauer VimMmnrW Puk Iftwal ft* PW 10 — aae �t1Mr i In order to reduce potential aesthetic impacts to adjacent residential areas, the applicant has incorporated the following design requirements into the proposed site plan: Private mausolea within the park shall be limited as outlined below. "Private mausoleum" as used herein shall mean a mausoleum structure containing one or more crypts which are owned and privately used by one individual or family. a Private mausolea shall not exceed 12 feet in depth, 22 feet in width and 15 feet in height; b. Private mausolea shall be limited to Building Site "D" without restriction; C. Private mausolea shall be permitted in Building Site "A" provided they are contiguous and adjacent to a community mausoleum and that a minimum separation of 40 feet between mausoleums is maintained; d. Private mausolea shall be permitted in Building Site 'B" provided they are contiguous and adjacent to a community mausoleum and are constructed within the approved envelope for Building Site " E "; e. Private mausolea shall be permitted in Building Sites "F" and "G" provided they are contiguous and adjacent to a community mausoleum and located on the westerly elevation of such structures. The plan does not show garden walls, walkways or similar structures which may be constructed anywhere within the park except within the 60 foot landscape buffer adjacent to easterly property line. No roads or driveways shall be located so as to be closer to adjoining residential areas than depicted on the approved plan and that the road extension of Pacific View Drive adjacent to the northerly side of Area 12 shall be deleted. All roofs, eves and facias of new garden crypts and community mausolea shall be constructed of material, color, texture, thickness and pitch to blend with the architectural style of the original structures within the park. Any blank walls shall be bermed or covered with plant material so as to soften the appearance from adjoining residential areas. Marble fronts and sides of mausolea shall be screened by the generous use of the roof and tree canopies. In addition to these design specifications, Mitigation Measure #1 would require a 60 -foot buffer zone (with a 75 -foot buffer zone at specified mausoleum locations) along the eastern property line: The following additional mitigation measures would substantially reduce any remaining potential aesthetic impacts to adjacent residential areas. Pacific Viewme ai Pads hadd study PW ii ° p-� 2. Height Limit All structures shall comply with the 28/32 foot height limitation as provided m the Zoning Code. In ad&ho; no structure or wing shall exceed 430 feet elevation mean sea level 3. p2ngy All construction sites shall be screened from view from adjacent residential areas for the duration of construction activities. Prior to issuance of any gracGng or building permit the Pkwung Deparbmem &WI verify that appropriate screening requirements have been provided on the construction Aw. 4. Mausoleum Desim A11 roofs, eves anal focus of new garden crypts and community mausoka shall be comstructed of material, color, tex[ure, thickness andpitch to blend with the architectural style of the original structures within the park Any bkank walls shall be bermed or covered with pkmt material so as to soften the appearance from adjoining residential areas Marble frorw and sides of mausolea shall be screened by the generous use of the roof and tree canopies a. Landscape design: A kmirng and permanent irrigation pktn shall be prepared by a licensed landscape architect and approved by the Pkm dng Department forfollowing areas: The 60 -foot setback buffer area 2 The area between the existing community mausolea in BuikdingSite "F"' and the setback area; and 3. The area between the garden crypt wall in Building Site "G" and the setback area The Iatdsc apimg plan shall be designed so as to screen these structures from the view of existing residences b. Landscadne installation: Prior to issuance of building permits for the remaining construction of Sunset Court the landscape architect shall certify to the BuikYng Department that kmdscapingand irrigation has been installed according to the approved p&m. PM& V' wMW"Wrak b,WW SUr Pap 12 I JAb C. Dope maintenance: All treed both existing and new, shall be trimmed and maintained in such a way as to preserve, to the greatest extent practical, water, night light and mountain views from adjoining residential areas This coax&tion shall not require the removal or trimming ofauy tree so as to eventually cause itsaemovaL 77w existing landscaping between the terrace bench and the toe of slope, adjacent to the homes on Monterey Circle, shall continue to be maintained and irrigated 77w undeveloped areas of the Memorial Park shall be maintained free and clear of weeds and debris d Reckmned water connection: All mash ag and proposed irrigation systems shall be connected to the City's reclaimed water system as soon as it is practical and economically feasible. 6 Light and Glare Prior to the issuance of any buAft permit the applicant shall demanslrate to the Building Depardnent that the lighting system shall be designed t&rected and maintained in such a manner as to conceal the light source and to minimize light V loge and glare to the adjacent residential uses 77w plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied C Level of significance Compliance with the recommended mitigation measures and design modifications would reduce potential aesthetic impacts to a level that is not significant. XIV. Cultural Resources A. Potential impacts The project site is located in an area where archaeological and paleontological resources have been discovered in the past and may be expected to exist on this site. Grading and excavation could uncover artifacts or fossil remains, which could be lost unless salvage operations are undertaken by qualified experts. There are no known unique ethnic, cultural, religious or historical resources that would be disturbed by the project. P,arwVi Mm AlPuk haw Sft* P*c 13 J aa°� B Udgation M The applicant will be required to comply with the following mitigation measure, which requires compliance with Council Policies K -5 and K-6 regarding archaeological and paleontological surveys and recovery of resources. Prior to issuance of a grading permit, the apphawo shale demaerstrate to the Plavtmng Department that the project will comply with Coral it Pokcies K -5 caul K-6 regw&ngtachaeolWcal and paleontological resource mmNeesttgattom surveilkarce and recovery. C. Level of sib Compliance with the recommended mitigation measure would reduce potential impacts to a level that is not significant. XV. Recreation A. Potential impacts Recreational activities and opportunities would not be affected by the project. B. NTiti a No mitigation is required. C. Level of si v No significant impacts would be expected. Mandatory F indines of Significance On the basis of the foregoing analysis, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long -tam environmental goals that would be compromised by the project. 3. No significant cumulative impacts are anticipated in connection with this or other projects. Pacific Vw Meaaaial Pule h,Wd Sit* Pegs 14 aV 4. There are no known substantial adverse effects on human beings that would be caused by the Proposed project. f-.U\JOHN-DTAC-VMVAIS-REV.DOC 3120/95 Pwifw Vw Mmwnd Puk Inffid SU* PWIS 2-5\ ATTACHMENT N PROJECT PLANS ;33 DEVELOPMENT AGREEMENT AND USE PERMIT AMENDMENT RECEIVED BY PACIFIC VIEW MEMORIAL PARK PLANNING DEPARTMENT t 3500 PACIFIC VIEW DRIVEIj CORONA DEL MAR, CA 92625 (949) 644 -2700 AUG 12007 IIII�I� IIIIINI GENERAL MANAGER: ry RUBY LOUIS CITY OF NEWPORT BEACH VICINRV MP CONSULTANTS SNEETINOBx PXWFGT 911E � d °�' � C �- f N �' 8. ✓xTl BfA��-�41 1.1 APPROVm TECHNICAL9ltE MN- FxNMIe'C' L2 APPRP/F➢ ILG.SRED'Q'll'PRGCSE PRELIMINARY � -�_ 1 UN09GPE RAN- ElO11BR'D' 19 APPROVfp BL00. 91iE'fT SECRON E14af- Tf, -1e W'� y I).. Y .i� 21 PROPO.sEpTELHNIGLSRE RAN- DUfIBIT"C 22 PROP0981BI;D0.9RE98'MPPEGSE ��,. I222y '�` N k "! x PREIJMINARY9REALANOSCAPE PLAN- fXNIBIT4 2J 2��< p�p <<Q�1 O U 6 PROPO9Ep BLOC. aTE'N' BECTx1N FNF3f- � S 1�� I Hull ul �A iux a e yy j LOCATON MAP ABBREVIAT10Na C �] {- As s o c 14 l e s oFaE OCAt ON 4 Landscape Architecture 1 S Paularino Avenue, Suite 160 _- � Y 1 M =w^• "" Costa Mesa, California, 92626 (714) 434 -9803 Fax 'yt` � 1 rix�s�%�r ti x +� (714) 434 -9109 y�°"Oirw"�anw. e I� ➢-A C 1' �� Bltlg. anvetoae M1ti1xR" . omn> P. rw...e.�..,......s.::wy.....wba a..a..b b CINrn Ge r Y aa�i.n Bldg. Site 'R" ��•� MoPerty Lee PACIFIC VIEW DRIVEw:+t"vi'.ro v:.`o R)NERAL EV OFFICES EM OFFICES • •° c`w' O Paved Road M+a....a..�:..r. an. w....ew... CREMATORY t - - -'* Urpsved goad m Mwe Gerape /f8elee OlBCa Oard a. of Rareembrenre: �� MAWTENANCE - -. •- - Beaver = AREA Tam, Sol. Troller Ftdwe Road (BIB Canyon Reearvoir) 1,� \. �\\` BVlldirg Site Area ya/ Garden of Valor n—Bltl &u:vela0o ItVP.I Fib ,. Melnbmares Buddlrg awe:r r.•e. abw.nw �` eugdtng Site 'C' . •L rY _ BdP d 1 -- (SkV.- Family Reeid..fla) y t u Meta e Faleb MnnPtr• Z a a* Jac rld ce.c..r. v.wy. •..y fr1 �� Bltlg. anvetoae M1ti1xR" Cedsrlewn. " Pm �. �/ /. ,4A �`'' L9819e_FamlY ReeldeniieU l`_ "aaa`yev •� ww yi ee, E}Ilye'WIw1 t Me.PS11'MY4 `�� �'.� , V 01.1 1 g tm ago le_ce -9r AID4a ItrD T-la'9c Pacfic View Memorial Park corona del mar, california s,, 1.1 18'x18',( (Single - Family Atedential) All elevatiow abown arc above Mean Sao Leval Reeid.wlet) :row M9.) C . omn> P. rw...e.�..,......s.::wy.....wba a..a..b Legend a miewnii.�nuiu.A:"oe ��•� MoPerty Lee PACIFIC VIEW DRIVEw:+t"vi'.ro v:.`o • •° c`w' O Paved Road M+a....a..�:..r. an. w....ew... t - - -'* Urpsved goad m Q Eilatig B.4dhg Oard a. of Rareembrenre: - -•- -- EleaView Seell.elrg Gordon - -. •- - Beaver = - Seifert %ear Ftdwe Road (BIB Canyon Reearvoir) 1,� \. �\\` BVlldirg Site Area ya/ Garden of Valor n—Bltl &u:vela0o ItVP.I Cedsrlewn. " Pm �. �/ /. ,4A �`'' L9819e_FamlY ReeldeniieU l`_ "aaa`yev •� ww yi ee, E}Ilye'WIw1 t Me.PS11'MY4 `�� �'.� , V 01.1 1 g tm ago le_ce -9r AID4a ItrD T-la'9c Pacfic View Memorial Park corona del mar, california s,, 1.1 18'x18',( (Single - Family Atedential) All elevatiow abown arc above Mean Sao Leval Reeid.wlet) :row M9.) C Pa-d;— Tura. BUILDING SITE -D" exrsrwa swum mnss�- 44o d 4�•9� y� J BUILDING SITE H I\ 314. \ BUlI.D &G SIT � �nnuuH TUPP .aeA9 {ppL PH SOPH® q eGHV ®. V V H i IIllll� lili- w � MIA781W .B. CREMATORY MAINTENANCE - AREA TomR Saha Troil.,- ww�.an — F41vn Maintenance V%Ws -Family %, rtlir) BLDG. SITE al- MAXIMUM (6) FAMILY N Family WuWse Bldg sit. Ir 1„_ 6 ai ��(9ngls- F,unly Rsrdanh0 a '' .1 uad - .ter. • I �31i GxnRMmry Ma ° /RO �` y .�'�. e,. ® »I yMVanl,ry arPV�S:. . •', `' B:J 0...0 L L 6 ➢1B Cry,, ,,A ' murJry I�u� um `�' 1 Palm i'PP:u's.. to BUFFER AREA (Single- Fgnlly Raskanllul) (Singlo -F Rer, n)ieoy1. n ua zoc V � "id All elavoliom sham or. above M an Saa Levitt Pacific View Memorial Park sT" corona del mar, california P-wi 111 f 1 5-A P 1 IlEEO :a ^,- e•'�--- '""' +...•- ...— &m%w L end 'vlV onlVE r+ia nai" w°.�.m°n li ° �••� Prq dy the me_ A v ..i.�..w O Paved Road i••wna.m � d''Favad ROM Q Edealg BWdir' of Rememb'ar - .._._.._ � w 9 Cerdan a - - •- - Rlorm Se,•er water - - - - SaNbry Sews -Fuluro Road �� BuildN StIn �Gwdan at Valor (Bly Canyon Rea .lr) .• Area \`\\�•� f-,e• .r- -inns em'naro 14n.! 1„_ 6 ai ��(9ngls- F,unly Rsrdanh0 a '' .1 uad - .ter. • I �31i GxnRMmry Ma ° /RO �` y .�'�. e,. ® »I yMVanl,ry arPV�S:. . •', `' B:J 0...0 L L 6 ➢1B Cry,, ,,A ' murJry I�u� um `�' 1 Palm i'PP:u's.. to BUFFER AREA (Single- Fgnlly Raskanllul) (Singlo -F Rer, n)ieoy1. n ua zoc V � "id All elavoliom sham or. above M an Saa Levitt Pacific View Memorial Park sT" corona del mar, california P-wi 111 f 1 5-A P 1 IlEEO BUILDING SITE "D" PP. �' �.OLW liW1bP rvu�•w PP. �' �.OLW liW1bP SITE `H' _ ' r 0 i 1 • �li� \ � l r HOA SLOPE ` 1 12 I BUILDING STILE E \\ \ 1 � \ \\ \ \\ 21 201 • ".V•' " "" 15 3 2,''.K C,� A \ \\ �.•" r 441?, i.orte s�ls •••, \\ \1 �J SINGLE \ SLOPE \ \\ 26 � / /' FAMILY \ ; RESIDENTIAL \• \ A w (12) 36" BOX TREES (P OF AMENDED DATE)_ (1) 48" BOX TREE AT S i i u O MiD11M`.fidHS C \ (fYPJ �v FA 24 N a I I \ cd`+h' � I• I FwsrMr nt MA55 4 12 MONTHS \R ELEVATION & 31ACENT TO THE CONSTRUCTION 10 gzfw (rwJ xem. " sa< R� EXHIBIT D i ill', v.� r Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, Califormia. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) 1 am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: September 29, 2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 1, 2007 at Costa Mesa, California. ILL � c r/x L/? P Signaturfe ORDINANCE NO. 2007-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CRY OF NEWPORT BEACH AP- PROVING DEVELOPMENT AGREEMENT NO. 2006- 001, AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 7, TO AVOW THE DEVELOPMENT OF SIX (6) FAMILY MAUSOLEA AND ESTATE GARDENS WITHIN BUILDING SITE "H ", AREA 8 OF THE PACIFIC VIEW ME- MORIAL PARK LOCATED AT 3500 PACIFIC VIEW DRIVE ?A 2006 -282) Subiecl ordinance was adopted on the 251h day of September, 2007. AYES. COUNCIL MEM- BERS: HENN, CURRY, SELICH, WEBB. DAIGLE, GARDNER. MAYOR ROSANSKY NOES, COUNCIL MEM BERS:NONE ABSENT COUNCIL MEN BERS:NONE ABSTAIN COUNCIL MEMBERS: NONE MAYOR: Steven Rosansky CITY CLERK: Lavonne M. Harkle ss The entire text is avail - able for review in the City Clerk's office of the City of Newport Beach. Published Newport Beach /Costa Mesa Daily Pilot September 29, 2007 _ _ Sa115