200 S. Anaheim Blvd.
Suite 162
Anaheim, CA 92805
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www.anaheim.net
ITEM NO. 1
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JUNE 17, 2024
SUBJECT: DEVELOPMENT APPLICATION NO. 2020-00204
LOCATION: Southeast of the State Route 91 and Gypsum Canyon Road interchange, at the terminus of Santa Ana Canyon Road
APPLICANT/PROPERTY OWNER: The applicant and owner is Tim Deutsch, General Manager of the Orange County Cemetery District and is represented by Larry P.
Ryan of RJM Design Group.
REQUEST: The applicant requests approval of a tentative parcel map and conditional use permit to construct and operate a cemetery use. Parcel 1 and Parcel 2 would be approximately 126 and 157 acres, respectively. Parcel 1 would be developed as a public cemetery to be owned and operated by the Orange County Cemetery District. Parcel 2 is proposed as a Veterans Cemetery in collaboration between the applicant and the California Department of Veterans Affairs (CalVet). The request also includes amendments to the General Plan Land Use Element, Mountain Park Specific Plan No. 90- 4, and the Zoning Code.
AUTHORITY: Section 17.08.070 (Parcel Maps -Required) of Chapter 17.08 (Subdivisions), Section 18.66.030 (Initiation) of Chapter 18.66 (Conditional Use Permits), Section 18.68.030 (Initiation) of Chapter 18.68 (General Plan Amendments), Section
18.72.040 (Procedures) of Chapter 18.72 (Specific Plans), and Section 18.76.030 (Initiation) of Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code (“Code”).
RECOMMENDATION: Staff recommends that the Planning Commission take the following actions:
1. Approve the attached resolution recommending City Council approval and adoption of an Addendum to Final Environmental Impact Report No. 331 (FEIR No. 331) and Mitigation Monitoring Plan No. 389 (MMP No. 389), determining that the Addendum and MMP No. 389 a re the appropriate environmental documentation for the project under the California Environmental Quality Act (CEQA) (Attachment 1); and
2. Approve the attached resolution recommending City Council approval of Tentative Parcel Map No. 2022-160 (Attachment 2); and
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June 17, 2024
3. By motion, recommend that the City Council approve a draft resolution for a Conditional Use Permit to allow a cemetery (Attachment 3); and
4. Approve the attached resolution recommending City Council approval of a General Plan Amendment (Attachment 4); and
5. By motion, recommend that the City Council introduce and adopt draft ordinances approving Amendment No. 4 to the Mountain Park Specific Plan (SP 90 -4) the (Attachment 5), and amendments to the Zoning and Development Standards (Chapter 18.112 of the Anaheim Municipal Code) (Attachment 6).
BACKGROUND: The subject property is located within the Mountain Park Specific Plan No. 90-4 (“Specific Plan”) that covers an approximately 3,001 -acre area in Gypsum Canyon. It was originally approved in 1991 and amended in 2005 to permit a maximum of 2,500 residential units, associated infrastructure, and amenities. The last amendment was in 2007. The Specific Plan was divided into 11 different development areas that were intended for residential, institutional, and open space land uses. The primary objective of the Sp ecific Plan is to create a unique residential community surrounded by preserved ridgelines, wetlands, habitat, and other open space.
In 2010, the City of Anaheim and the property owner at the time (The Irvine Land Company LLC and The Irvine Company LLC) entered into a development agreement for a 20 -year vested right to develop the property. In 2014, the property owner conveyed the property planned for residential units to the County of Orange to expand the County regional parks system for conservation and recreation purposes. Specifically, Specific Plan Development Areas 1 through 4 and Development Area 7 were part of the donation and encumbered with a conservation easement to be held by the Orange County Parks Foundation while Development Area 5 was donated without use restrictions.
In 2019, Development Area 5 was deeded to the Orange County Cemetery District.
Development Area 5 is an approximately 283-acre property located southeast of the State Route 91/Gypsum Canyon Road interchange, at the terminus of Santa Ana Canyon Road . The property is vacant and undeveloped. The site previously operated as a sand and gravel mining operation that ceased operation in 2004. The project site is designated for Low Medium Residential land uses in the General Plan. The property is surrounded by open space to the east, south, and west, and State Route 91 to the north.
PROPOSAL: The applicant proposes a tentative parcel map to subdivide the existing 283 -acre property to create two new parcels to develop and operate a cemetery pursuant to a conditional use permit.
Parcel 1 would be approximately 126 -acres and would be owned and operated by the Orange County Cemetery District. Approximately 80 acres would be developed within the “lower” Parcel 1 to provide up to 50 -acres of internment areas. Improvements to Parcel 1 would include utility infrastructure, bridge crossings, roadways for vehicular circulation, administrative buildings, a maintenance building, committal shelters, and landscaping. The public cemetery would operate Monday through Friday from 7:00 AM to 5:00 PM for administrative offices, and visitation hours would be daily from 8:00 AM to 5:00 PM. The services provided would include the preparation for the burial or interment of caskets or urns. There would be no wakes or cremation services provided on-site. The number of burial services may fluctuate throughout the week; however, the number of burial services would be limited to no more than four per day and would occur Monday Development Application No. 2020-00204
June 17, 2024
through Friday between 8:00 AM to 1:30 PM. Each burial service would occur during designated time slots and would not overlap with any other burial service. Burial services on Saturdays, Sundays, or certain holidays would require advance approval of the cemetery manager. If services are held on Saturdays, they would be limited to no more than three services. Burial services on Sunday would be avoided, unless determined essential by the cemetery manager. No burial services would be conducted on holidays incl uding New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.
Parcel 2 would be approximately 157 -acres and is proposed as a Veterans cemetery in collaboration between the applicant and CalVet. An approximate 100-acre pad would be developed within the “upper” Parcel 2 for internment areas. Improvements to Parcel 2 wo uld include an administrative building, maintenance building, committal structures and interment areas. The Veteran’s cemetery would operate similar to the public cemetery and would be open daily from 8:00 AM to 5:00 PM. Services include the care of burial and interment services. The number of burial services would not exceed four services per day and would be staggered to overlap with other scheduled services per day. Activities may be held during certain holidays, such as Memorial Day and Veteran’s Day. These activities could include the performance of the three-volley salute using rifles, which would be short in duration and be limited to daytime hours of operation.
Following initial grading to establish the upper and lower parcels, each would be developed in approximately 10- to 20- acre increments on an as-needed basis.
Amendments to the General Plan Land Use Element , Mountain Park Specific Plan, and implementing Zoning and Development Standards are also proposed:
General Plan Amendment: The applicant requests an amendment to Table LU -4 (General Plan Density Provisions for Specific Areas of the City) of the General Plan Land Use Element to reflect that although the Mountain Park Specific Plan remains in place, the residential development areas of the Specific Plan, are as of 2014, encumbered with a conservation easement or otherwise restricted to uses consistent with Orange County Service Area 26, including a cemetery use, following the property transfer to the County of Orange and subsequently, for Development Area 5, to the Orange County Cemetery District.
Specific Plan Amendment (Amendment No. 4 to the Mountain Park Specific Plan SP 90 -4): The applicant requests amendments to add a cemetery and associated infrastructure as a permitted use in Development Area 5. Additionally, the convenience store permitted in the Institutional Development Area 6 is removed.
Zoning Code Amendment (Chapter 18.112 of the Anaheim Municipal Code): The applicant requests amendments to add cemeteries as a conditionally permitted use in Development Area 5.
FINDINGS AND ANALYSIS:
Tentative Parcel Map: Before the Planning Commission may recommend approval of the tentative parcel map, it must make a finding of fact that the evidence presented shows that all the following conditions exist:
1) That the proposed map is consistent with the General Plan of the City of Anaheim and the Mountain Park Specific Plan.
Development Application No. 2020-00204
June 17, 2024
The proposed map includes the subdivision of an existing parcel into two parcels subject to the General Plan Density Provisions for Specific Areas of the City. The proposed map would be consistent with General Plan designation as amended. The proposed map is also consistent with the intent of the primary objective of the Mountain Park Specific Plan to allow unique development surrounded by preserved ridgelines, wetlands, habitat, and other open space.
2) That the design or improvement of the proposed subdivision is consistent with the General Plan and Mountain Park Specific Plan.
The design and improvement of the proposed subdivision would be consistent with the General Plan as amended and implements various goals and polices of the General Plan that include development that integrates with and minimize impacts to surrounding land uses, the preservation of scenic vista and views by designed landscaped areas to complement surrounding open space, preserv ing the hillside environment by revegetating with appropriate landscaping, protecting lives and property of residents from hazards of urban and wildland fires by incorporating appropriate fuel modification and vegetation planting. Because the project is proposed and conditioned to comply standards outlined in the Mountain Park Specific Plan, including with respect to landform grading and hillside grading and tree replacement, the proposed subdivision is also consistent with the Mountain Park Specific Plan, and the goals and polices of the General Plan.
3) That the site is physically suitable for the type of development.
The project site is vacant and previously operated as a sand and gravel operation.
Because of its disturbed state, it is the only property conveyed by The Irvine Company without a conservation easement. The property is therefore surrounded by open space t o the east, south, and west with State Route 91 to the north. The property and utility infrastructure are appropriately sized to accommodate the proposed use and will allow internment areas to be developed incrementally in phases based on demand after the initial construction to create the two parcels and exterior loop roadway. Additionally, all the required infrastructure, roadways, buildings, and internment areas would be accommodated on-site. Therefore, the site is physically suitable for the proposed cemetery development.
4) That the site is physically suitable for the proposed density of the project.
The proposed project would be for a cemetery and is not proposing any residential development. Notwithstanding, an Addendum to Final Environmental Impact Report No. 331 for the Mountain Park Specific Plan was prepared to evaluate the environmental impacts of the proposed project including comparing the construction and operation of the cemetery to the 1,595 dwelling units permitted by the Specific Plan. The Addendum found impacts of the proposed project consistent with or improved from those previously associated with residential development in DA 5.
Development Application No. 2020-00204
June 17, 2024
5) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
Addendum to Final Environmental Impact Report No. 331 (EIR No. 331) for the Mountain Park Specific Plan was prepared to evaluate the environmental impacts of the proposed project including comparing the construction and operation of the cemetery to the 1,595 dwelling units permitted by the Specific Plan . Although the project site previously operated as a mining facility that disturbed the natural site however the Mountain Park Specific Plan area is included in the Natural Community Conservation Plan and Habitat Conserv ation Plan Reserve (NCCP/HCP) – County of Orange Central & Costal Subregion. A Biological Resources Assessment assessed the current biological conditions on the project site and concluded that the continued application of the standard conditions and mitigation measures identified by EIR No. 331 would effectively avoid or minimize any impacts to biological resources.
6) That the design of the subdivision or type of improvements are not likely to cause serious public health problems.
The subdivision and the proposed improvements are not likely to cause serious public health problems as they would be designed to meet all applicable State and City codes, standards, policies, and rules intended to protect public health. Additionally, Addendum to Final Environmental Impact Report No. 331 (EIR No. 331) for the Mountain Park Specific Plan was prepared to evaluate the environmental impacts of the proposed project including comparing the construction and operation of the cemetery to the 1,595 d welling units permitted by the Specific Plan. The Addendum found impacts from the project with respect public health topics such as noise, hazards, and air quality to be consistent with or improved from those previously associated with residential development in DA 5.
7) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision as t he subdivision and proposed improvements would be designed to provide all the applicable easements for access through or use of property within the proposed subdivision and would not conflict with any existing or future easements. The project does not propose or require the construction of the extension of Weir Canyon Road or Mountain Park Drive identified in the Specific Plan, however, the construction and operation of the cemetery on DA 5 does not preclude their future construction if warranted.
Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact, that the evidence presented shows that all of the following conditions exist:
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1) That the proposed use is properly one for which a conditional use permit is authorized by this code;
The proposed use is properly one for which a conditional use permit is authorized by this code, as amended Cemetery land uses are proposed to be added to the Mountain Park Specific Plan Non -Residential Classes of Uses Table to permit cemeteries through a conditional use permit within Development Area 5.
2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located;
The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located as the proposed cemetery operations would be maintained on -site. The adjoining land uses would remain as ope n space and the proposed cemetery would provide a low intensity land use that has been designed to complement the surrounding properties.
3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety;
The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety as the project was designed to allow for the full development of the proposed use on-site without conflicting with any existing adjacent use. The property and utility infrastructure are appropriately sized to accommodate the proposed use and will allow internment areas to be developed incrementally in phases based on demand after the initial construction to create the two parcels and exterior loop roadway. The project has been designed to accommodate all operations on -site which include administrative services, maintenance services, on-site internment services, and vehicle access and circulation.
4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and
The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. The Public Works Department – Traffic and Transportation Division, in conjunction with a third party peer reviewer, reviewed a Vehicle Miles Traveled Analysis and Traffic Impact Analysis. These studies demonstrate that the proposed project will result in less traffic than the currently allowed uses, indicating that the current and planned roadway infrastructure will accommodate the proposed project.
5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
The project has been designed to accommodate all on-site operations, vehicle parking, and circulation without impacting the adjacent land uses. Conditions of approval have been Development Application No. 2020-00204
June 17, 2024
included to ensure the cemetery use will be properly maintained and compatible with the area and adjacent land uses.
General Plan Land Use Element Amendment: Before the Planning Commission may recommend approval of a General Plan Amendment, it must make a finding of fact that the evidence presented shows that all of the following exist:
1) The proposed amendment maintains the internal consistency of the General Plan;
The proposed amendment would recognize that the residential development areas of the Mountain Park Specific Plan, which have General Plan Density Provisions pursuant to Table LU-4 of the General Plan, are as of 2014, encumbered with a conservation easement or otherwise restricted to uses consistent with Orange County Service Area 26, including a cemetery use with no other amendments. The proposed amendment would be consistent with various goals and polices of the General Plan that includes development that integrates with and minimize impacts to surrounding land uses, the preservation of scenic vista and views by designed landscaped areas to complement surrounding open space, preserving the hillside environment by revegetating with appropriate landscaping, protecting lives and property of residents from hazards of urban and wildland fires by incorporating appropriate fuel modification and vegetation planting.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The proposed amendment would recognize that the residential development areas of the Mountain Park Specific Plan, which have General Plan Density Provisions pursuant to Table LU-4 of the General Plan, are as of 2014, encumbered with a conservation easement or otherwise restricted to uses consistent with Orange County Service Area 26, including a cemetery use with no other amendments. The proposed amendment would allow a project that has been designed to accommodate all on -site operations, vehicle parking, and circulation without impacting the adjacent land uses. Conditions of approval have been included to ensure the cemetery use will be properly maintained and compatible with the area and adjacent land uses.
3) The proposed amendment would maintain the balance of land uses within the City; and
The proposed amendment would facilitate the construction of an affordable public and veteran’s cemetery to the citizens of Anaheim and the County of Orange. The operation of the cemetery uses would provide a low intensity land used that has been designed t o complement the existing open space character of the adjacent land uses and minimize impacts to adjacent natural resources.
4) If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses.
The proposed amendment would not amend the General Plan Land Use Map but would amend Table LU-4: General Plan Density Provisions for Specific Areas of the City. The Development Application No. 2020-00204
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proposed amendment would be suitable to accommodate the proposed project as the use has been designed to fit the topography of the site, provide adequate utility infrastructure and would be compatible with the existing adjacent open space uses.
Specific Plan Amendment (Amendment No. 4 to the Mountain Park Specific Plan SP 90 -4) and Zoning Code Amendment (Chapter 18.112 of the Anaheim Municipal Code) : Prior to approving any specific plan amendment, the Planning Commission shall make the following findings:
1) That the property proposed for the specific plan has unique site characteristics, such as topography, location, or surroundings, that are enhanced by special land use and development standards;
The property is located within the existing Mountain Park Specific Plan. The property has unique site characteristics, such as topography, location, or surroundings, that are enhanced by special land use and development standards as the proposed project site was previously used as a sand and gravel mining operation. The topography and site characteristics are conducive to a cemetery development.
2) That the specific plan is consistent with the goals and policies of the General Plan, and with the purposes, standards, and land use guidelines therein;
The existing Mountain Park Specific Plan would remain consistent with the goals and policies of the General Plan and with the purposes, standards, and land use guidelines, as amended. The proposed specific plan amendments would include minor text changes t o permit a cemetery land use through a conditional use permit within Development Area 5 and remove a 3,000 sq. ft. convenience store from Development Area 6.
3) That the specific plan results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood;
The specific plan aims to create harmonious relationships among different land uses.
Allowing a cemetery in Development Area 5 would result in a development of desirable character compatible with the surrounding open space areas. The cemetery's design will respect the aesthetics and tranquility of the area, ensuring it is compatible with the surrounding land uses. Additionally, the proposed administration and maintenance buildings utilize architectural elements of the Spanish Colonial style pursuant to the Specific Plan.
4) That the specific plan contributes to a balance of land uses throughout the City; and
The Mountain Park Specific Plan was originally approved with a balance of residential, institutional, and open spaces for the Gypsum Canyon area. The proposed amendments would conditionally permit a cemetery use within Development Area 5. The cemetery use would contribute to this balance by providing a necessary and valuable service that complements the open spaces in the area.
5) That the specific plan respects environmental, aesthetic, and historic resources consistent with economic realities.
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June 17, 2024
Addendum to Final Environmental Impact Report No. 331 for the Mountain Park Specific Plan was prepared to evaluate the environmental impacts of the proposed project and MMP 389 has been created to mitigate the impacts of the Proposed Project and includes all applicable project design features, standard conditions, and mitigation measures from MMP 137. Additionally, the specific plan continues to include measures for environmental protection and aesthetic standards, which the cemetery will adhere to, ensurin g minimal impact on the surrounding environment and preserving the area's visual appeal and historic integrity.
Community Outreach and Correspondence : The Applicant and their development team have conducted various engagements with the public. The project was presented at various key stakeholder meetings that include, but not limited to, members of Congress, County of Orange Supervisors, Mayors, and city officials with the intent to share and discuss project updates to share with their constituents.
Within the City of Anaheim, the project was presented at District 6 community meetings in June 2022 and June 2023. The project was also presented to the Anaheim Senior Citizens Advisory Council in June 2023. In addition, the applicant and development team have also met with the City of Yorba Linda staff to discuss project status and community concerns. A summary of the applicant’s outreach is provided as Attachment No. 9.
City staff has maintained a webpage on the City’s website dedicated specifically to the cemetery project. On the webpage, the public has been able to subscribe to receive project updates. Staff has periodically sent updates throughout the course of the pro cessing of the application. Public correspondence received by staff is provided as Attachment No. 10.
Environmental Impact Analysis: An Addendum to the previously certified Mountain Park Specific Plan FEIR No. 331, which included Mitigation Monitoring Plan No. 137 (MMP 137), has been prepared pursuant to provision of State CEQA Guidelines Section 15164 to determine whether any significant environmental impacts which were not identified in the previously approved CEQA Documents for development in the Mountain Park Specific Plan area would result or whether previously identified significant impacts would be substantially more severe. As more thoroughly described in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred. The Addendum concludes that the Proposed Project would not result in significant new or more severe impacts and/or the requirement for additional mitigation measures. As a result, the Proposed Project does not require the preparation of a subsequen t EIR or supplemental EIR. MMP 389 has been created to mitigate the impacts of the Proposed Project and includes all applicable project design features, standard conditions, and mitigation measures from MMP 137.
CONCLUSION: Staff has carefully reviewed the proposed project and determined that it meets the necessary requirements and standards for approval. The project has been thoughtfully designed to ensure compatibility with surrounding land uses, provide adequate on -site operations, and mitigate potential impacts. With the implementation of the proposed amendments and conditions, the project will enhance the community by providing a needed public and veteran’s cemetery while preserving the area's open space character. Therefore, staff recommends approval of this request.
Development Application No. 2020-00204
June 17, 2024
Prepared by, Submitted by,
Jose Barriga Scott Koehm
Associate Planner Principal Planner
Attachments:
1. Draft Planning Commission CEQA Resolution
a. Addendum and Appendices
b. MMP No. 389
2. Draft Tentative Parcel Map Resolution
3. Draft Conditional Use Permit Resolution
4. Draft General Plan Amendment Resolution
5. Draft Specific Plan Amendment Ordinance
6. Draft Zoning Code Amendment Ordinance
7. Letter of Request and Justification
8. Project Plans
9. Applicant Community Outreach Summary
10. Public Correspondence
11. Aerial and Vicinity Maps