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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JULY 23, 2024
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: GYPSUM CANYON CEMETERY PROJECT
DEVELOPMENT APPLICATION NO. 2020-00204
ATTACHMENT (Y/N): YES ITEM # 11
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council take the following actions, following a public hearing:
1. By Resolution, adopt 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 are the appropriate environmental documentation for the Project under the California Environmental Quality Act (CEQA) and that no further environmental analysis is required; and
2. By Resolution, approve Tentative Parcel Map No. 2022-160 to subdivide the existing 283-acre property to create two new parcels; and
3. By Resolution, approve a Conditional Use Permit to allow a cemetery use; and
4. By Resolution, approve a General Plan Amendment to amend Table LU-4 (General Plan Density Provisions for Specific Areas of the City) of the General Plan Land Use Element; and
5. Introduce, by separate Ordinances:
a. Amendment No. 4 to the Mountain Park Specific Plan No. 90-4 (SP 90-4); and
b. Zoning Code Amendment to amend Title 18 relating to Sections
18.112.080 and 18.112.090 of Chapter 18.112 (Mountain Park Specific Plan No. 90-4 (SP 90-4) Zoning and Development Standards).
Gypsum Canyon Cemetery Project
July 23, 2024
DISCUSSION:
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. The Specific Plan was originally approved in 1991 and amended in 2005 to permit a maximum of 2,500 residential units, associated infrastructure, and amenities. 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 Specific Plan is to create a unique residential community surrounded by preserved ridgelines, wetlands, habitat, and other open space.
In 2014, rather than implementing the Specific Plan, the property owner (The Irvine Land Company LLC and The Irvine Company LLC) conveyed the property planned for residential units to the County of Orange to expand the County regional parks system for conservation and recreation purposes. Specific Plan Development Areas 1 through 4 and Development Area 7 were 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 for use as a cemetery.
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 and is surrounded by open space to the east, south, and west. The site previously operated as a sand and gravel mining operation that ceased operation in 2004.
Development Area 5 is designated for Low Medium Residential land uses in the General Plan.
The applicant requests approval to develop and operate a cemetery use in Development Area 5, in lieu of the previously approved 1,595 dwelling units.
Planning Commission: On June 17, 2024, the Planning Commission recommended City Council approval of the project on a 6-0 vote (Chairperson Kring and Commissioners Castro, Kelly, Lieberman, Perez, and Tran-Martin voted yes; Commissioner Walker was absent).
A copy of the Planning Commission staff report is attached to this report (Attachment 7). The Draft Planning Commission minutes are provided as Attachment 8.
Proposal:
Tentative Map and Conditional Use Permit: The applicant proposes 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. An approximate 80-acre pad would be developed within 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 Gypsum Canyon Cemetery Project
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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 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 including 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 Parcel 2 for internment areas. Improvements to Parcel 2 would 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 not 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 pads, each would be developed in approximately 10- to 20- acre increments on an as-needed basis.
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 encumbered with a conservation easement or otherwise restricted to a cemetery use, following the property transfer to the County of Orange in 2014 and subsequently, for Development Area 5, to the Orange County Cemetery District in 2019.
Specific Plan Amendment (Amendment No. 4 to the Mountain Park Specific Plan SP 90-4) and associated Zoning Code Amendment (AMC Chapter 18.112): The applicant proposes amendments to the Mountain Park Specific Plan and associated Zoning Code sections to add cemetery and associated infrastructure as a permitted use in Development Area 5. Additionally, the convenience store permitted in the Institutional Development Area 6 would be removed as a clean-up item as part of this request.
Findings and Analysis:
Tentative Parcel Map: Before the City Council may approve a tentative parcel map, it must make a finding of fact that the evidence presented shows that all of 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.
2) That the design or improvement of the proposed subdivision is consistent with the General Plan and Mountain Park Specific Plan.
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3) That the site is physically suitable for the type of development. 4) That the site is physically suitable for the proposed density of the project. 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.
6) That the design of the subdivision or type of improvements are not likely to cause serious public health problems.
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 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, 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. Specifically, the design and improvement of the proposed subdivision would be consistent with the General Plan as amended and implement 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, 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. Additionally, the project is proposed and conditioned to comply with standards outlined in the Mountain Park Specific Plan, including those related to landform and hillside grading and tree replacement.
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. 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 Development Area 5 does not preclude their future construction if warranted.
An Addendum to FEIR 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 Development Area 5. Specifically, the Addendum found impacts from the project with respect to public health topics such as noise, hazards, and air quality to be consistent with or improved from those previously associated with residential development in Development Area 5. 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 Conservation Plan Reserve (NCCP/HCP) – County of Orange Central & Coastal Subregion. A Biological Resources Assessment assessed the current Gypsum Canyon Cemetery Project
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biological conditions on the project site and concluded that the continued application of the standard conditions and mitigation measures identified by FEIR No. 331 would effectively avoid or minimize any impacts to biological resources.
Conditional Use Permit: Before the City Council 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:
1) That the proposed use is properly one for which a conditional use permit is authorized by this code;
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; 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;
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 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.
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. The adjoining land uses would remain as open space and the proposed cemetery would provide a low intensity land use that has been designed to complement the surrounding properties.
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 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.
The project has been designed to accommodate all on-site operations, which include administrative services, maintenance services, on-site internment services, 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.
General Plan Amendment: Before the City Council may approve a General Plan Amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
1) The proposed amendment maintains the internal consistency of the General Plan; 2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
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3) The proposed amendment would maintain the balance of land uses within the City; and 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 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 encumbered with a conservation easement or otherwise restricted to 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.
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.
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 to complement the existing open space character of the adjacent land uses and minimize impacts to adjacent natural resources.
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 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): Before the City Council may approve a Specific Plan Amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
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;
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; 3) That the specific plan results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood; 4) That the specific plan contributes to a balance of land uses throughout the City; and Gypsum Canyon Cemetery Project
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5) That the specific plan respects environmental, aesthetic, and historic resources consistent with economic realities.
The Zoning Code may be amended upon a finding that the action is necessary to implement the General Plan and will enhance and preserve the general welfare.
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.
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 text changes to permit a cemetery land use through a conditional use permit within Development Area 5 and remove the permissibility of a future convenience store from Development Area 6.
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.
Addendum to FEIR 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, ensuring minimal impact on the surrounding environment and preserving the area's visual appeal and historic integrity.
The proposed Zoning Code amendment is consistent with and implements the proposed amendments to the General Plan and Mountain Park Specific Plan.
Environmental 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 subsequent EIR or supplemental EIR. MMP 389 has been created to mitigate the impacts of the proposed project Gypsum Canyon Cemetery Project
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and includes all applicable project design features, standard conditions, and mitigation measures from MMP 137.
Staff recommends that the City Council approve and adopt the Project’s Addendum to FEIR No. 331 and MMP 389 and determine that no further environmental analysis is required.
Community Engagement: The City created a webpage (Anaheim.net/cemetery) in 2021 to provide a landing page for the community interested in the project where available information would be consolidated upon release and the public could easily sign up to receive project updates.
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. 11.
Public correspondence received by staff is included in Attachment 12.
CONCLUSION:
Staff 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.
The Planning Commission found the project to be in conformance with the General Plan, The Mountain Park Specific Plan, and the Zoning Code as amended. Therefore, staff recommends approval of this request.
IMPACT ON BUDGET:
There is no budgetary impact. The costs associated with this hearing will be incurred by the project applicant.
Respectfully submitted,
Ted White
Deputy City Manager / Director of Planning and Building Gypsum Canyon Cemetery Project
July 23, 2024
Attachments:
1. Resolution for Addendum to FEIR No. 331
2. Resolution for Tentative Parcel Map No. 2022-160
3. Resolution for Conditional Use Permit
4. Resolution for General Plan Amendment
5. Ordinance for Amendment No. 4 to Mountain Park Specific Plan No. 90-4
6. Ordinance for Zoning Code Amendment (Chapter 18.112) Mountain Park Specific Plan No. 90-4 (SP90-4)
7. Planning Commission Staff Report dated June 17, 2024 (without attachments)
8. Draft June 17, 2024 Planning Commission Minutes
9. Addendum to FEIR No. 331
a. Technical Studies
b. FEIR No. 331
10. Letter of Request and Justification
11. Project Plans
12. Applicant Community Outreach Summary
13. Public Correspondence
14. Aerial and Vicinity Maps