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HomeMy WebLinkAbout1728 - RECOMMEND ADOPT NEG DEC AND APPROVE UP AND DA _3500 PACIFIC VIEW DRIVERESOLUTION 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 Pacific View is proposing to change the City of Newport Beach Planning Commission Resolution No. Paoe 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 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 elevation would be approximately 80 feet below the nearest residence to the southeast Pr City of Newport Beach Planning Commission Resolution No. Page 4 of 8 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 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 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 City of Newport Beach Planning Commission Resolution No. Paqe 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. I1-YA M AYES: Peotter, Hawkins, McDaniel, Toerge and Hillgren Robert Hawkins, Ch Secretary RECUSED: Eaton ABSENT: Hillqren City of Newport Beach Planning Commission Resolution No. Paae 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006-040 Conditions in bold-italics are project specific conditions. All others are standard conditions. Planning Department 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 FirstAmendment. 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 H.4 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. City of Newport Beach Planning Commission Resolution No. Paae 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 "M; 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 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 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 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.