HomeMy WebLinkAbout2007-15 - Approving Development Agreement No. 2006-001, An Amendment to Development Agreement No. 7, To Allow The Development of Six (6) Family Mausolea and Estate Gardens Within Building Site “H”, Area 8 of the Pacific View Memorial Park Located at 3500ORDINANCE NO. 2007-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING DEVELOPMENT AGREEMENT NO. 2006 -001, AN
AMENDMENT TO DEVELOPMENT AGREEMENT NO 7, TO ALLOW THE
DEVELOPMENT OF SIX (6) FAMILY MAUSOLEA AND ESTATE GARDENS
WITHIN BUILDING SITE "H ", AREA 8 OF THE PACIFIC VIEW MEMORIAL
PARK LOCATED AT 3500 PACIFIC VIEW DRIVE (PA 2006 -282)
WHEREAS, an application was filed by Pacific View Memorial Park with respect to
property located at 3500 Pacific View Drive, and legally described as Portions of Blocks 96 &
97 of Irvine's Subdivision as shown in Book 1, Page 88 of Miscellaneous Maps, requesting
approval of amendments to Use Permit No. 3518 by Use Permit No. 2006 -040 and to
Development Agreement No. 7 by Development Agreement No. 2006 -001 (the "First
Amendment ") to allow Pacific View Memorial Park to develop six (6) family mausolea
comprised of 2,024 square -feet and ground burial estate gardens within Building Site "H ",
Area 8 (the "Project ") in lieu of a 7,200 square foot community mausoleum; and
WHEREAS, on July 10, 1995, the City Council adopted a Negative Declaration,
approved Use Permit No. 3518, General Plan Amendment No. 94 -1(F), Site Plan Review No.
69 and Development Agreement No. 7 to establish maximum permitted development
allocation for Pack View Memorial Park of 30,000 square -feet of administrative offices and
support facilities, 121,680 square -feet of community mausolea and 12,000 square -feet of
family mausolea, and granted Pacific View Memorial Park statutory vested rights to develop
the subject property in accordance with the terms and conditions for the ultimate build -out of
the entire cemetery property; and
WHEREAS, on August 9, 2007, the Planning Commission, with a vote of 5 ayes (one
absent and one abstain), recommended approval of Development Agreement No. 2006 -001 and
Use Permit No. 2006 -040 and adoption of Negative Declaration No. 2007 -001 to the City
Council; and
WHEREAS, a public hearing was held by the Newport Beach City Council on September
11, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the meeting was given in accordance with
the Municipal Code. Evidence, both written and oral, was presented to and considered by the
City Council at this meeting; and
WHEREAS, the Project requires the approval of an amendment to Development
Agreement No. 7 pursuant to the provisions of Section 15.45.060 of the Municipal Code
(Development Agreements: Amend ment/Cancellation). This section states a development
agreement may be amended in whole or in part, by mutual consent of the parties to the
agreement or their successors in interest and shall be subject to the provisions of Section
65864 et seq. of the California Government Code; and
WHEREAS, the Project is consistent with the Land Use Element of the General Plan,
which designates the property as Private Institutional (PI). The existing Pacific View Memorial
Park is a privately -owned cemetery with no changes proposed to the land use designation. The
Project is site specific and only applicable to Building Site "H ", Area 8 and does not include the
introduction of new uses that are inconsistent with the land use designation of the General Plan
nor does it change the diversity of uses. The Project would result in a decrease of the Pacific
View's overall community mausoleum development limit of 7,200 square foot community
mausoleum. There would be no increase to the family mausoleum allotment as the applicant is
proposing to extract the square footage from the approved family mausoleum development
limit of 12,000 square feet. The proposed estate gardens are ground burials with no
development limitation and therefore would not affect the approved development limits; and
WHEREAS, the subject property is located within the Governmental, Educational and
Institutional Facilities (GEIF) District. The existing Pacific View Memorial Park is a permitted use
in this district; and
WHEREAS, an Initial Study and Negative Declaration (ND) for the Project have been
prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3. The Draft ND was circulated for public comment
between April 6 and April 26, 2007; and
WHEREAS, on the basis of the entire environmental review record, the proposed
Project will have a less than significant impact upon the environment and there are no known
substantial adverse affects on human beings that would be caused. No significant impacts are
identified based upon a comparison of the proposed Project with the established thresholds of
signifcant. Additionally, there are no long -term environmental goals that would be
compromised by the Project, nor cumulative impacts anticipated in connection with the
Project. As result, no new mitigation measures are identified. Those mitigation measures from
the 1995 adopted Initial Study /Negative Declaration which are applicable to this Project are
referenced in the ND as part of the environmental analysis; and
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In addition,
project opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and bear
the responsibility for any costs, attorney's fees, and damages which may be awarded to a
successful challenger; and
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: The First Amendment to Development Agreement No. 7 shall be adopted
as provided in Exhibit "A ".
SECTION 2: The Mayor shall sign, and the City Clerk shall attest to, the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the City,
and the same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on September 11, 2007, and adopted on September 25 2007, by the
following vote, to wit:
ATTEST:
CITY CLERK
AYES, COUNCIL MEMBERS Henn, Curry, Selich, Webb, Daigle,
Gardner, Mayor Rosansky
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS None
MAYOR
First Amendment to Development Agreement No. 7
(To be attached upon adoption)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2007 -15 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th
day of September 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of September 2007.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2007 -15 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: September 29, 2007.
In witness whereof, I have hereunto subscribed my name this n day f
2007. L/ Ytl ✓f i ' lY ?
City Clerk
City of Newport Beach, California