Resolution-PC 2006-32e. ~ ~
RESOLUTION NO. PC2006-32
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCILADOPTION OF AMENDMENT
N0. 2 TO THE MOUNTAIN PARK SPECIFIC PLAN N0. 90-4 (SPN2006-
00033), AMENDING THE SPECIFIC PLAN CONDITIONS OF APPROVAL 77
AND 78 OF ORDINANCE NO. 5993.
WHEREAS, on August 27; 1991; the City Council of the City of Anaheim adopted Resolution
Nos. 91 R-263 and 91 R-264 approving the Mountain Park Specific Plan No. 90-4 (including a Public Facilities
Plan and Zoning and Development Standards) to provide for the development of an approximate 3,179-acre site
(the °Mountain Park area") located within the County of Orange in the City ofAnaheim's sphere-of-influence and
generally bordered on the north by the Riverside Freeway (SR-91) and the Gypsum Canyon Road interchange,
on the west by The Summit of Anaheim Hills and Sycamore Canyon developments in the City of Anaheim`and as ,
further described in Attachment A of City Council Resolution 91 R-263. The Specific Plan includeszoning and
development standards, design guidelines and apublic facilities plan, and permits the development of up to
7,966 residential dwelling units, 179 acres' of commercial uses, schools, parks and public facilities and provides
for hiking and riding trails and open'space areas; and
WHEREAS, on September 10, 1991, the City Council adopted Ordinance No. 5253 to reclassify
the property to the Mountain Park Specific Plan No. 90-4 Zone and Ordinance No. 5254 to establish' the zoning
and development standards for.the specific plan as part of Chapter 18.76 of the Anaheim Municipal Code; and
WHEREAS, on May 26, 1992, 2,339 acres of the Mountain Park site were annexed to the City of
Anaheim, with the remaining site acreage remaining as unincorporated land in the County of Orange; and
WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a
comprehensive update to the General Plan for the City of Anaheim and as part of said update and at the request
of the property owner, the density in the Mountain Park Specific Plan No. 90-4 area was reduced to 2,500
residential dwelling units and the land uses were amended to provide for a fire station, a park site, a school site,
trails and open space. :
WHEREAS, on August 23, 2005, the City Council adopted Resolution Nos. 2005-175 and 2005-
177 approving Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 and certifying Environmental
Impact Report No. 331 to provide for fhe development of a residential community with up to 2,500 residential
units, a fire station, public trails, a trail staging area, a concession store/interpretive center, a school site, a public
community park and open space consistent with the updated General Plan. The City Council subsequently
adopted Ordinance Nos. 5993 and 5994 to amend the Specific Plan Zone and establish revised zoning and
development standards as part of Chapter 18.112 of the Anaheim Municipal; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition from the legal
property owner ("The Irvine Company") for Amendment No. 2 to the Mountain Park Specific Plan No. 90-4 to
amend the Mountain Park Specific Plan conditions of approval pertaining to provision of required fiscal
mechanisms (Condition Nos. 77 and 78 of Ordinance No. 5993) and zoning and development standards to add
refinements and clarifications to Section 18.112.110.040.0402 pertaining to Major Community Entry Sign
regulations (subsequent to the advertisement of this request,.the amendment to the sign regulations was
withdrawn); and
WHEREAS, the property owner has also submitted applications requesting approval of a
development area pian for Mountain Park Development Areas 3 and 7; a final site plan for Development Areas 3
and 7; a tentative tract map to establish a 150 numbered and 37 lettered lot residential subdivision
encompassing 145 single-family detached residential lots, an elementary school site, a public park site, open
space lots, public and private streets and a water reservoir site within Development Areas 3 and 7; a specimen
tree removal permit to remove 149 specimen trees within Development Areas 3 and 7 and replace with 2,980
trees, and that the applications submitted by The Irvine Land Company are hereinafter referred to as the
"Proposed Project Actions' ; and ,
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WHEREAS, the Mountain Park Specific Plan No. 90-4 area consists of approximately 3,001
acres including 2,161 acres which have been annexed to the City ofAnaheim and 840 acres of unincorporated
land located within the County of Orange in the City of Anaheim's sphere-of-influence (an additional
approximately 172 acres which was also annexed to the City of Anaheim and which bisects the western portion
of the Mountain Park site have been.developed with tfie Eastern Transportation Corridor (SR-241). The property
description is set forth in Exhibit 1 to this Resolution and incorporated'herein as if set forth in full; and,
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic :
Center, Council Chambers, 200 South Anaheim Boulevard, in the City of Anaheim on March 20, 2006, at 2:30 :
p.m., notice of said public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.60 and 18.72, to hear and consider evidence for and'
against said proposed amendment and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Anaheim Planning Commission, after due consideration; inspection, ,
investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts
1. That the Mountain Park Specific Plan No. 90-4, Amendment No. . 9 has unique site :'
characteristics such as topography, location or surroundings as described in the Specific Plan identified as
Exhibit A on file in the City of Anaheim Planning Department and in Volume ll of FEIR Na 331 that are enhanced
by special land use and development standards; and
2. That the proposed Mountain Park Specific Plan No. 90-4, Amendment No. 2 is consistent with
the goals, objectives and policies of the Anaheim General Plan, including the standards and land use guidelines
provided therein; and '
3. That the proposed amendment to the Specific Plan would result in development of a desirable
character by permitting land uses which are compatible with both the existing and proposed development in the
surrounding neighborhood; and, that future development of the property would be enhanced by the special land ,
use and development standards set forth in the Mountain Park Specific Plan No. 90-4, as amended; and,
4. That the specific plan respects environmental, aesthetic and historic resources consistent with
economic realities. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Anaheim City Planning
Commission has reviewed the Proposed Project Actions, including Amendment No. 2 to the Mountain Park
Specific Plan No. 90-4, and did find and determine and recommend that the City Council find and determine,
pursuant to the provisions of the California Environmental Quality Act (CEQA), based upon its independent
review and consideration of the previously-certified Final EIR No. 331 and Mitigation Monitoring Program No. 137
(certified by the City Council pursuant to City Council Resolution No. 2005-175) and the evidence received at the
public hearing, that the previously-certified FEIR No. 331 together with Mitigation Monitoring Program No. 137
are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the
required environmental documentation for this Amendment to the Mountain Park Specific Plan and satisfy all of
the requirements of CEQA, and that no further environmental documentation need be prepared for this
Amendment.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above #indings, the Anaheim
Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Amendment
No. 2 to the Mountain Park Specific Plan No. 90-4 as follows
Amend the Mountain Park Specific Plan conditions of approval pertaining to provision of required fiscal
mechanisms (Condition Nos. 77 and 78 of Ordinance No. 5993) to read as follows: :
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77. That prior to
, " issuance of the first building permit, the property
owner/developer shall establish a mechanism, acceptable to the City of Anaheim, to provide on-
going monitoring and trarismittal to the City of Anaheim of information concerning fiscal impact
of all developments within Mountain Park; provided, however, that the subsequent on-going
fiscal monitoring may consist of a letter, subjecf to the city's approval; if there are no changes
proposed by the developer or governmental entity other than the City of Anaheim to the
assumptions in the fiscal impact report or development plan, but if there are changes, detailed
documentation addressing those fiscal impacts affected shall be required.
78. That prior to . ` ' ' ~
issuance of the first building permit, the property
owner/developer shall form a community facilities,district or other appropriate public financing
mechanism acceptable to the City to assure the project generates continuing revenues to meet
the assigned'cost of City services, per the fiscal impact report dated August 8, 2005; on a year
by year basis recognizing cumulative surpluses and/or deficits and to provide monitoring and
flexibility to fund any additional future shortfall should assumptions in the fiscal impact report
prove incorrect. The cost to establish the mechanism shall be borne by the property
owneNdeveloper.
BE JT FURTHER RESOLVED that the City of Anaheim Planning Commission does hereby find
and determine that adoption of this resolution is expressly predicated upon compliance with each and all of the
conditions hereinabove set forth. Should such any condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approval ,
herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 20, 2006. Said resolution is subject to the appeai provisions set forth in pter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures. , ~?
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" CHAIRMAN, A IM PLANNING COMMISSION
ATTEST:
/1~~-- ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss. '
CITY OF ANAHEIM ) .
I, Eleanor Morris, Senior Secretary of the'Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pfanning Commission
held on March 20, 2006, by the following vote of the members thereof: ' .'
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this Ll ~ day of ,
2006. :
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION