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MIN 11 16 15_Item 5_Amy V_gmNOVEMBER 16, 2015 PLANNING COMMISSION [DRAFT] MINUTES ITEM NO. 5 GENERAL PLAN AMENDMENT NO. 2015-00502 RECLASSIFICATION NO. 2015-00279 TENTATIVE TRACT MAP NO. 17879 CONDITIONAL USE PERMIT NO. 2015-05796 VARIANCE NO. 2015-05011 (DEV2015-00041) Location: 4540 East Riverdale Avenue Request: The following land use entitlements are requested to permit the development of a 75-unit small-lot single family residential project: amend the General Plan land use designation from School to Low Density Residential; reclassify the subject properties from the T (SC) (Transition, Scenic Corridor Overlay) Zone to the RS- 4 (SC) (Single Family Residential, Scenic Corridor Overlay) Zone; a conditional use permit to allow a small-lot single- family residential development with modified development standards; a variance to allow a deviation of sound attenuation standards pertaining to maximum exterior noise within the rear yard of any single-family residential lot located within 600 feet from a freeway; and a tentative tract map to create an 81 (75 numbered, 6 lettered) lot single- family residential subdivision. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is appropriate to serve as the environmental impact determination for this request per the California Environmental Quality Act (CEQA) guidelines. Resolution No. PC2015-091 Resolution No. PC2015-092 Resolution No. PC2015-093 Resolution No. PC2015-094 Resolution No. PC2015-095 CUP and VAR Modified Condition No. 42 Added Condition No. 45 to require the installation of high efficiency HVAC systems for all residential units. Added Condition No. 51 to require asbestos testing before demolishing the existing structures. Recommended City Council Approval (Dalati / Bostwick) VOTE: 7-0 Chairman Lieberman and Commissioners Bostwick, Caldwell, Dalati, Henninger, Ramirez and Seymour voted yes. Project Planner: Amy Vazquez avazquez@anaheim.net Amy Vazquez, Contract Planner provided a summary of the staff report dated November 16, 2015, along with a visual presentation. Commissioner Dalati asked if the one entrance to Riverdale Avenue would be adequate. David Kennedy, Associate Traffic Engineer, responded that having one access point would be adequate access for this neighborhood. Commissioner Henninger asked if the Fire Department was okay with only one access into the neighborhood. Ms. Vazquez said there is an access easement on the south end of the property for utility purposes and also for Caltrans, but not for the Fire Department; however, they have approved the plan. NOVEMBER 16, 2015 PLANNING COMMISSION [DRAFT] MINUTES Chair Lieberman asked if the access would be not gated, but still be considered a private road and self- maintained. Ms. Vazquez responded yes. Chair Lieberman asked about the noise level along the 91 freeway and how by how much they exceed the acceptable 65 decibels. How would that compare with what they are planning to build with the existing homes on either side? Ms. Vazquez stated the noise study concluded that decibel level would be at 69. The rear yards of the adjacent neighborhoods were not studied. It is presumed it would be the same. The code does allow the Commission to approve a deviation of 5 decibels. Chair Lieberman opened the public hearing and invited the applicant to speak. Rick Wood, Tri-Pointe Homes, thanked staff for their hard work on the staff report. The Orange Unified School District decided that, after an extensive study, this project was no longer needed and it was surplussed and offered the property to public agencies; however, it was not purchased and was then offered up in auction. Tri-Point homes was the winning bidder in October of 2014. They immediately formed a team to begin the community outreach process in which they decided to reach out to 92 adjacent neighbors. It was important for them to get input early on as to what the neighbors perceived would be done with the property and what the possibilities were and what their concerns were. After reaching out to all owners in January, they were able to speak to about 40% of the 92 in one weekend. Through the process, they found that residents did not want apartments or low income housing. They wanted homes that would increase their property values. They noted that increased setbacks would be appreciated in order to keep more separation from the new homes and minimize traffic through existing streets. They returned with the feedback and reached out to the 92 property owners again. They showed them the concept of what they came up with before they submitted their plans to the City. After the first two community outreach sessions in January and March, they launched a website and create an email address to communicate and share information. In addition, five update letters were sent. Eleven home visits were conducted with those who requested them to discuss how their property would be affected. Privacy and drainage issues were of concern. Code requires 15 feet setback to the rear of the residence, Tri-Point increased it to 22 feet. The grading has been lowered so the new homes will not be looking down on the existing homes. The three architectural styles are compatible with the adjacent neighbors. Greg McCafferty, 2400 East Katella Avenue, Suite 800, Anaheim, a representative of Tri-Pointe Homes. Mr. McCafferty referenced the Air Quality Management District (AQMD) letter which focused on two issues. One was the diesel emissions from the freeway and the second was the potential for asbestos to exist in the old school buildings. These are not CEQA issues. Mr. McCafferty stated that the two conditions of approval which he read into record, should satisfy both these issues. He requested a four decibel deviation from the code on the sound wall and it would only apply to the exterior of the 4-6 lots adjacent to the freeway. Chair Lieberman asked if the two conditions of approval he read into the record, should be included in the conditional use permit. Mr. McCafferty responded yes. NOVEMBER 16, 2015 PLANNING COMMISSION [DRAFT] MINUTES Ted Reynolds, Assistant City Attorney interjected the project is supposed to be analyzed on the physical impacts it might create on the land. The courts in the past have said that is the way CEQA applies, and not in reverse. AQMD is trying to create different thresholds of significance. They are concerned about the existing environment surrounding a project area and the impact that it might impose on the people who might move there. Gary McKimmey, 6196 East Palo Alto Drive, Anaheim, spoke in favor of the proposed project. He is pleased that the worn out fencing will be replaced by a block wall. Mike Brooks, Alden Drive, Anaheim, spoke on behalf of friends and neighbors on Deerfield Street, adjacent to the proposed project. He said there are not enough facilities for sports programs. He acknowledged that the developer has done an outstanding job of attempting to mitigate some of the issues that were brought to their attention. However, to say that this project is a good fit in the neighborhood, they feel is not accurate. The lot sizes on the new homes are half the size of the surrounding neighborhood. The footprint of the house is twice the size of the existing homes that abut them. Mr. Brooks said they will be dealing with 500 semi-truck trips and approximately two years of construction. He asked the Commission to consider the current residents before approving a future project. He added that he provided a petition signed by fifty-two of the neighbors. Tim Boudreaux, 200 North Deerfield Street, Anaheim, would like to keep the property zoned as it is now to be used for sports. Richard Foltz, 206 North Deerfield Street, Anaheim, said he is in agreement with Mr. Brooks and Mr. Boudreaux and opposes the proposed project. Commissioner Seymour clarified that the petition contains several signatures under the same address; therefore, the count of fifty-two is inaccurate. Larry Brose, Orange County Business Council, 2 Park Plaza, Suite 100, Irvine spoke in favor of the proposed project. He said he believes that the project is complementary to the surrounding neighborhoods and nearby commercial operation. It is a logical, well thought out conversion of a surplussed school site. Steve LaMotte, Government Affairs Director for Building Industry Association Orange County (BIAOC), 24 Executive Park, Suite 100, Irvine, spoke in favor of the proposed project. He stated the BIAOC believes that the Riverdale proposal is an essential land use plan; specifically, because it will provide the following: 300 local construction and related jobs, 21.5 million in local revenues during construction, millions in taxes for fees supporting parks, recreation, schools, transportations and other vital infrastructure, and brand new housing for a region, city and county that is in dire need. Stacey Porter, Canyon High School Boosters, 4321 East Valley Gate Drive, Anaheim, representing hundreds of Anaheim parents whose children attend Canyon High School. She stated they understand the direct and very important benefit associated with the sale of the former Riversdale School site. Ms. Porter said they believe the sale needs to occur so that they can benefit from essential and necessary improvements to their school. They advocate for a program that will bring millions of dollars in needed funds to their school and other schools in the area. She asked the Commission to support this plan so that they can support their schools. NOVEMBER 16, 2015 PLANNING COMMISSION [DRAFT] MINUTES Wendy Bucknum, Mission Viejo City Council, 27051 Town Centre Drive, Foothill Ranch. Ms. Bucknum is involved in many economic development types of organizations. She said that residents will be able to e-mail the Riverdale management team, instead of the City, to report trash bins in view, overgrown weeds, exterior paint color complaints, or park maintenance, to have them resolved. She is in support of the home owners associations to maintain the quality of life in neighborhood and is in favor of the proposed project. Michele Gabbard, 2851 Maychelle Drive, Anaheim, said Orange Unified School District (OUSD) needs the money from the Riverdale School site to make the improvements to Anaheim schools that fall within OUSD. Another public park is not needed. She supports the proposed project. Carolyn Cavecche, CEO and President of OC Taxpayers, PO Box 5881, Orange, stated the proceeds from this sale will raise nearly 18 million dollars to be used by all taxpayers in this area to upgrade existing school facilities in and around Anaheim. Steven Kaller, business owner, 1205 North Tustin Avenue, Anaheim, said there is a need for housing and supports the proposed project. Paul Kott, 1225 West Lincoln Avenue, Anaheim, stated the proposed homes will raise the comps and benefit all the homeowners who are desirous of increasing their home equity. The proceeds of the sale will be applied to the sorely needed rehabilitation of some of the neighboring schools in the OUSD. Mr. Kott said he is in favor of the proposed project. Rick Borden, 130 North Deerfield Street, Anaheim, was neither opposed nor in favor of the proposed project. He was in attendance to try to get more information and have some questions answered as his attempts to contact Tri-Pointe Homes had been unsuccessful. He was concerned about a stop sign or signal at the exit of the property. Chair Lieberman invited the Mr. Wood back to the podium for final comments. Mr. Wood indicated that the community would not be gated; however, the streets are private and parking will be enforced by the HOA. He said he would speak with Mr. Borden and address his concerns. As far as their footprints, they are not much larger than the existing homes. In addition, they are at 45 percent of lot coverage and the code allows for 50. Tri-Pointe homes has had meetings with the school district and members of the school board; however, they cannot control how the money from the sale will be used. There will be an HOA and management company and many restrictions as to what people can and cannot do. Their intent is to build a quality neighborhood and keep it looking that way. Chair Lieberman asked if the construction will be completed in phases. Mr. Wood responded that they take a little longer to build their houses because they are concerned about quality; therefore, each phase takes approximately six months. Two years would be on the quick side to get through 75 homes but it could happen, most likely it will take longer. Commissioner Henniger asked if all the grading would be done first. NOVEMBER 16, 2015 PLANNING COMMISSION [DRAFT] MINUTES Mr. Wood responded yes. In order to be cost effective, all the grading would all be completed in the beginning. Chair Lieberman closed the public hearing. Commissioner Bostwick complimented Tri-Pointe on trying to maintain a single family development close to what is in the existing neighborhood. Commissioner Henninger expressed his support of the proposed project. Commissioner Ramirez asked if staff agreed with the two conditions added by the applicant. She commended the applicant for their community outreach efforts. Ms. Vazquez responded yes. Commissioner Ramirez asked if when the City placed a bid on this property, was it to make it a park, even though it is already a park rich area. Larry Pasco, Park Manager, responded yes, they pursue any available open space throughout the entire city, no matter where it is. They are a little below their standard of two acres per 1,000 city-wide. They are always looking for land. Chair Lieberman asked David Kennedy to address the question regarding stop signs and signals. Mr. Kennedy, referenced Condition #23, which indicates a stop sign should be installed at the private drive at Riverdale. Commissioner Dalati offered a motion, seconded by Commissioner Bostwick and the motion carried, recommending that the Planning Commission adopt the resolutions attached to the November 16, 2015 staff report, determining that a Mitigated Negative Declaration is the appropriate environmental documentation for this request and recommending City Council approval of General Plan Amendment No. 2015-00502, Reclassification No. 2015-00279, Tentative Tract Map No. 17879, Conditional Use Permit No. 2015-05796, Variance No. 2015-05011, (DEV2015-00041). Eleanor Morris, Secretary announced that the resolutions passed with seven yes votes. Chairman Lieberman and Commissioners Bostwick, Caldwell, Dalati, Henninger, Ramirez and Seymour voted yes. OPPOSITION: Three persons spoke in opposition to the subject project. During the public hearing staff noted that a letter and a petition were received in opposition with concerns related to traffic, parking, loss of open space, and the project’s compatibility with the existing neighborhood. IN GENERAL: A person spoke with questions and concerns related to the proposed grading, fence height, private streets, stop signs and street signals for the project. NOVEMBER 16, 2015 PLANNING COMMISSION [DRAFT] MINUTES IN SUPPORT: Nine persons spoke in favor of the subject project. DISCUSSION TIME: 1 hour and 37 minutes (6:19 to 7:56)