MIN 06 13 16_Item 5_Amy V_gmJUNE 13, 2016
PLANNING COMMISSION [DRAFT] MINUTES
ITEM NO. 5
CEQA MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT NO. 2015-00505
RECLASSIFICATION NO. 2015-00284
CONDITIONAL USE PERMIT NO. 2015-05832
TENTATIVE TRACT MAP NO. 17959
DEVELOPMENT AGREEMENT NO. 2016-00003
(DEV2015-00101)
Location: 415 South Anaheim Hills Road
Request: The following land use entitlements are
requested to permit the development of a 60-unit,
attached single family residential project: a general
plan amendment to amend the General Plan land
use designation from Open Space and Water Uses
to Open Space, Water Uses and Corridor
Residential; reclassify the subject properties from
the OS (SC) (Open Space, Scenic Corridor Overlay)
Zone to the RM-1 (SC) (Single Family Residential,
Scenic Corridor Overlay) and the OS (SC) (Open
Space, Scenic Corridor Overlay) Zones; a
conditional use permit to permit a 60-unit attached
single-family residential development with modified
development standards; a development agreement
between the applicant and the City of Anaheim to
provide funding for open space amenities; and a
tentative tract map to create a 60-unit residential
subdivision.
Environmental Determination: The Planning
Commission will consider whether a Mitigated
Negative Declaration is the appropriate
environmental documentation for this request under
the California Environmental Quality Act.
Resolution No. PC2016-050
Resolution No. PC2016-051
Resolution No. PC2016-052
Resolution No. PC2016-053
Resolution No. PC2016-054
Resolution No. PC2016-055
(Bostwick / Caldwell)
Approved, Recommended City
Council approval of the following:
Mitigated Negative Declaration, along
with MMP No. 333; General Plan
Amendment; Reclassification; and
Development Agreement
Conditional Use Permit, modified
Condition No. 21, adding language which
requires the applicant to coordinate with
the Electrical Engineering Division of the
Public Utilities Department regarding
possible upgrades to the existing street
lights on Anaheim Hills Road.
Modified Condition No. 41, adding
language to modify the site plan and tract
map allowing the applicant to relocate one
dwelling unit from the middle building to
the building at the northerly end of the
property.
Tentative Tract Map, modified Condition
No. 8, adding language requiring
maintenance of the vacant property north of
La Paz Road by the homeowner’s
association.
VOTE: 5-0-1
Chair Lieberman and Commissioners
Bostwick, Caldwell, Ramirez and Seymour
voted yes. Commissioner Henninger
abstained. Commissioner Dalati was absent.
Project Planner:
Amy Vazquez
avazquez@anaheim.net
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Amy Vazquez, Contract Planner provided a summary of the staff report dated November 16, 2015,
along with a visual presentation.
Commissioner Seymour stated neighbors are concerned regarding an increase in traffic given the
number of units that are proposed.
David Kennedy, Associate Transportation Planner, said the traffic study results did not show a
significant impact at any of the surrounding intersections due to the increase in traffic generated by the
proposed project.
Commissioner Seymour asked how a tennis club exists at this location if it was zone Open Space.
Jonathan Borrego, Planning Services Manager, answered that when the property was developed as a
tennis court, the property was zoned in general plan for public recreation. In 1986 the adjacent senior
citizen apartment complex to the south was developed and as result, the Planning Commission asked
that a General Plan Amendment be initiated for the balance of the property, which included the tennis
center and tennis courts as Open Space.
Commissioner Seymour reference the site plan and asked who owns Lot 2.
Ms. Vazquez responded that the lot is owned by current property owner and is part of the project. There
is an easement over the property for utility and road purposes.
Commissioner Seymour requested more information regarding the infiltration basin.
Edgar Garcia, Assistant Engineer, explained the process.
Commissioner Caldwell, asked if the sidewalks on both sides of the street will mirror each other once
the project is complete. Is there evidence that the proximity of a structure to the sidewalk increases
the accident rate or a danger to pedestrians?
Mr. Kennedy responded that there is no evidence to his knowledge; however, having a wider sidewalk
does provide more space between the street and where the pedestrians will walk and should improve
their safety.
Chair Lieberman opened the public hearing.
Greg McCafferty, representing Sage Crest Development, 2400 E. Katella Avenue, Suite 800, Anaheim.
Mr. McCafferty clarified that the setback is actually a minimum of 17 feet to approximately 40 feet.
None of the intersections rose to a level of significant impact and would have to be mitigated. He
address Commissioner Seymour’s question regarding the retention basin. The water quality
requirements in Orange County are now stricter. Orange County Public Works requires that on-site
drainage be treated before it enters the public storm drain. Mr. McCafferty said they went door to door
from April to June to talk with neighbors. There were at minimum of three visits to each home, if no
one was home, a postcard was left to call. They received letters and verbal support several people.
The tennis facility has evolved from a private prestigious tennis facility to a property that has seen a lot
of deferred maintenance. Since privacy is a concern to some neighbors, they have installed dual hedge
screen on the east and sides of the channel. The code allows a height greater than proposed; however,
given its proximity, they chose to remain at two stories, unlike the senior apartments to the south, which
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are three stories. They are installing a large sidewalk along Anaheim Hills Road and will underground
the power lines. This project will not take away Open Space or Parkland, but adds to it.
Commissioner Bostwick asked if they were proposing to install landscaping on the west side of the
drainage channel and who will maintain it.
Mr. McCafferty responded yes and they will also plant shrubs on the County access area. It will be
maintained by the homeowners association (HOA).
Commissioner Bostwick asked if a retaining wall would be installed.
Mr. McCafferty answered that they are installing an eight foot sidewalk, putting the grades of the pads
above the channel as required.
Commissioner Seymour asked if the HOA is responsible for maintaining Lot 2.
Mr. Garcia said the area should be maintained by the City.
Jim Minisci, resident, 348 S. San Vicente Lane, Anaheim. He is neither in favor or opposed to the
proposed project. He is concerned that there will be an increase in traffic and that the sidewalks are
currently inadequately lit.
Steven LaMotte, Government Affairs Director, Building Industry Association of Orange County. He is
in favor of the proposed project.
Cindy Graves, 377 S. San Vicente Lane, Anaheim. She is in opposition of the proposed project. Ms.
Graves said the original design and intent of Anaheim Hills was to be semi-rural within the city of
Anaheim. She expressed concern regarding increased traffic and how that would affect Police and Fire
access.
Christine Haynes, 307 S. San Vicente Lane, Anaheim. She is in favor of the proposed project.
Andrew Fisher, 5940 E. Marsha Circle, Anaheim. He is neither in favor or opposed to the proposed
project. Mr. Fisher is concerned with the open space and that the City cannot manage the area it
already has in the area. He asked if the park land will be completed at the same time as the project.
He is concerned traffic and parking will be become an issue as there will be no onsite access at the
park.
Eleanor Beatty, 397 S. Vicente Lane, Anaheim. She is concerned with the increase in traffic and if
there would be only one entry into the proposed project.
Chair Lieberman closed the public hearing.
Mr. Kennedy stated they would make a request that the Utilities Department look into the inadequate
lighting concern. He requested that exact locations be provided.
Chair Lieberman asked if there was a correlation between the amount of street lighting and the speed
limit.
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Mr. Kennedy replied no.
Commissioner Seymour asked if it would be appropriate to contact the Police to increase enforcement.
Mr. Kennedy responded that he would be contacting the Police Department to increase their presence
in the area.
Chair Lieberman asked that the Fire and Police access be addressed.
Ms. Vazquez confirmed that there is one access point into the project and that the Fire and Police
departments reviewed and approved the plans. She added that the street light issue along Anaheim
Hills Road can be added in the Conditional Use Permit resolution, Condition No. 21.
Chair Lieberman reopened the public hearing.
Mr. McCafferty stated he and his engineer were available to answer any questions the Commission
might have regarding the traffic study.
Chair Lieberman closed the public hearing again as the Commission did not have any questions for Mr.
McCafferty.
Pamela Galera, Principal Project Planner, briefed the Commission on the proposed park land,
contribution, developer fees, access and timeline.
Chair Lieberman asked about the size of the proposed project and the cost of acquisition and
development of passive uses.
Ms. Galera replied that it would be approximately six acres, it may or may not include the Canyon
Library. The City already owns the property and it is only a matter of developing these uses. The cost
estimate is $500,000. The project would include minor grading and would keep the land form. They
would grade enough to get through the property and it would be a wheelchair accessible trail.
Chair Lieberman asked about parking availability and access.
Ms. Galera said the park will be designed in such a way that the neighbors would utilize it for walking.
Commissioner Caldwell asked why the park is not being built as soon as the funds are available.
Ms. Galera stated that there is a great need in the east. Their funding works so that they receive
developer fees from residential development and as she has stated, there has not been any residential
development in the east in quite a while. All the playgrounds on the east side need to be upgraded.
They would rather take the time and leverage these funds with grants.
Commissioner Seymour asked if the residents could be assured that, in fact, the land on Nohl Ranch
Road is part of this plan and will be funded by these development fees and if they leveraged with
foundation fees, they most likely go to another location as needed.
Ms. Galera responded that this land is a high priority to develop and they will have more community
meetings.
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Ms. Vazquez interjected that Condition No. 8 on the Tentative Tract Map resolution, has a condition of
approval pertaining to maintenance covenant that shall be submitted prior to final map. Staff is
recommending that language be added to that condition and read the addition into record.
Ted Reynolds, Assistant City Attorney, read into record a modification to Condition No. 41 on the
Condition Use Permit resolution.
Chair Lieberman asked if the condition that is being amended will leave it open ended or will it force
them to do it.
Mr. Reynolds replied that it is taking up the recommendation of what they want to do or what they said
they have agreed to do with the adjacent property owner. The modification will require them to break
up the appearance of the 12-unit building.
Chair Lieberman asked Mr. McCafferty if he agreed with the modification.
Mr. McCafferty replied that he agreed to the condition as read.
Commissioner Bostwick offered a motion, seconded by Commissioner Caldwell and the motion carried,
recommending that the Planning Commission adopt the resolutions attached to the June 13, 2016 staff
report, determining that a Mitigated Negative Declaration is the appropriate environmental
documentation for this request and recommending City Council approval of CEQA Mitigated Negative
Declaration, General Plan Amendment No. 2015-00505, Reclassification No. 2015-00284, Conditional
Use Permit No. 2015-05832, Tentative Tract Map No. 17959, Development Agreement No. 2016-00003
(DEV2015-00101).
Eleanor Morris, Secretary announced that the resolutions passed with five yes votes. Chair Lieberman
and Commissioners Bostwick, Caldwell, Ramirez and Seymour voted yes. Commissioner Henninger
abstained and Commissioner Dalati was absent.
OPPOSITION: One person spoke in opposition to the request with concerns related to traffic,
fire and police emergency access, and the proposed density of the project.
During the public hearing staff noted that two e-mails were received expressing
opposition to the request.
IN SUPPORT: Two persons spoke in favor of the subject project.
During the public hearing, staff noted that a piece of written correspondence was
received in favor of the subject project.
Prior to the meeting, a piece of written correspondence was received in favor of
the subject project.
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IN GENERAL: Three persons spoke in general to the subject project with concerns related to
safety and traffic issues, line-of-sight along Anaheim Hills Road, inadequate
street lighting, the project’s egress and ingress, and the provision of the open
space and park areas to serve the neighborhood.
DISCUSSION TIME: 1 hour and 16 minutes (6:38 to 7:54 p.m.)