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RES-2024-084RESOLUTION NO. 2 0 2 4 - 0 8 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GENERAL PLAN OF THE CITY OF ANAHEIM (DEV2020-00204) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition from Orange County Cemetery District ("Owner") for an Amendment to the Land Use Element of the General Plan for certain real property located southeast of the State Route 91 and Gypsum Canyon Road interchange, at the terminus of Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 283-acres in area and is currently vacant. The property is designated for Low Medium Density Residential land uses in the General Plan. The property is also located in the Mountain Park Specific Plan No. 90-4 and is subject to the proposed amended zoning and development standards contained in Chapter 18.112 (Mountain Park Specific Plan No. 90-4), now pending, of the Zoning Code (the "Code"); and, WHEREAS, the General Plan Amendment is proposed in conjunction with a request to construct and operate a cemetery use. To that end, the Owner has requested the following entitlements: 1. An amendment to the General Plan Land Use Element to update 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. 2. An amendment to the Mountain Park Specific Plan No. 90-4 to add a cemetery and associated infrastructure as a permitted use in Development Area 5. 3. An amendment to Title 18 (Zoning) of the Anaheim Municipal Code to amend Chapter 18.112 (Mountain Park Specific Plan No. 90-4 (SP90-4)) to add cemeteries as a conditionally permitted use in Development Area 5. 4. A conditional use permit to permit the construction and operation of a cemetery use in Development Area 5 of the Mountain Park Specific Plan No. 90-4. 5. A tentative parcel map to subdivide the property which encompasses approximately 283 acres into two parcels for the purpose of constructing a public cemetery and a veteran's cemetery ("Tentative Parcel Map No. 2022-160"). WHEREAS, the proposed General Plan Amendment, Specific Plan Amendment, Zoning Code Amendment, Conditional Use Permit, and Tentative Parcel Map No. 2022-160 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 2024, at 5:00 p.m., and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the Addendum Final Environmental Impact Report (FEIR No. 331) and Mitigation Monitoring Plan No. 389 (MMP 389), to hear and consider evidence and testimony for and against the Proposed Project, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission adopted Resolution No. PC2024-017 and recommended that the City Council approve and adopt the General Plan Amendment, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference; and WHEREAS, by Resolution No. PC2024-015, the Planning Commission the Planning Commission found and recommends that the City Council determine that (i) the Addendum was prepared for the Proposed Project in compliance with the requirements of CEQA, and the State CEQA Guidelines; (ii) the Addendum, Mitigation Monitoring Program No. 137 (MMP 137) adopted for FEIR No. 331, and MMP 389 is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for the Proposed Project; and WHEREAS, upon receipt of the Planning Commission's recommendation, summary of evidence and report of findings and recommendations of the Planning Commission, the City Council did fix the 23rd day of July, 2024, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing for the purpose of considering the Proposed Project, the Addendum and MMP 389, and did give notice thereof in the manner and as provided by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code; and WHEREAS, on July 23, 2024, the City Council did hold and conduct such public hearing, give all persons interested therein an opportunity to be heard, and receive evidence and reports and did consider the Proposed Project, including recommendations of the Planning Commission, potential environmental impacts addressed in the Addendum and MMP 389; and WHEREAS, this City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the Proposed Project, specifically, with respect to the request for this General Plan Amendment, does hereby find and determine as follows: 1. 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, 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 policies 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. That proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed amendment would recognize that the residential development areas are encumbered with a conservation easement or otherwise restricted to 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. That proposed General Plan Amendment would maintain the balance of land uses within the City because 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 use that has been designed to complement the existing open space character of the adjacent land uses and minimize impacts to adjacent natural resources. 4. 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; and WHEREAS, by Resolution No. 2024-081 considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council determined that (i) the Addendum was prepared for the Proposed Project in compliance with the requirements of CEQA, and the State CEQA Guidelines; (ii) the Addendum, MMP 137, and MMP 389, is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA the Proposed Project; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report, and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that pursuant to the aforesaid findings and determinations and based upon a thorough review of the Proposed Project, the Addendum including MMP 389 which 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 approved in conjunction with FEIR No. 331, and the evidence received to date, the City Council does hereby approve this General Plan Amendment, as set forth in Exhibit B to this Resolution, contingent upon and the approval of (1) the Specific Plan Amendment, Zoning Code Amendment, Tentative Parcel Map No. 2022-160 and Conditional Use Permit requested as part of the Proposed Project. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23 day of Jul , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM v MAYOR OF CITY OF ANAHEIM ATTEST: -1 ITY CLE1 ' OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO.2020-00204 APN: 514-012-35 o 260 520 Source: Recorded Tract Maps and/or City GIS. e Please note the accuracy is +/- two to five feet. TABLE LU-1: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY General Plan Land Use The Mountain Park Low Medium Hillside Density Area Residential (Up to 6 du/ac) Low Medium Density Residential (Up to 16 du/ac) 485 2,015 (Up to 2,500 dwelling units) See Note No. 3 on next page. Note No. 3: The Mountain Park Specific Plan allows for the development of up to 2,500 dwelling units, public facilities, infrastructure, and recreational facilities. In 2014, The Irvine Company conveyed the property planned for the residential units to the County of Orange to expand the County regional parks system for conservation and recreation purposes. Specifically, Specific Plan Development Area ("DA") 1 through 4 and DA 7 were part of the donation and encumbered with a conservation easement to be held by the Orange County Parks Foundation while DA 5 was donated without use restrictions. In 2019, DA 5 was deeded to the Orange County Cemetery District for use as a cemetery and is otherwise restricted to uses consistent with Orange County Service Area 26. Therefore, cemeteries and other uses consistent with respective restrictions are permitted following an evaluation of environmental impacts that finds no new or substantially more severe impacts than the Permitted Density. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-084 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 231 day of July, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 241 day of July. 2024. CITY C E OF -THE CITY OF ANAHEIM (SEAL)