RES-2006-089RESOLUTION NO. 2006-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING AMENDMENT NO. 2 TO THE
MOUNTAIN PARK SPECIFIC PLAN NO. 90-4 (SPN2006-
00033) AND AMENDING RESOLUTION NO. 2005-177
ACCORDINGLY
WHEREAS, on August 27, 1991, the City Council of the City of Anaheim
adopted Resolution Nos. 91R-263 and 91R-264 approving the Mountain Pazk Specific Plan No.
90-4 (including a Public Facilities Plan and Zoning and Development Standazds) 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 of Anaheim's sphere-of-influence, which Specific Plan includes
zoning and development standards, design guidelines and a public facilities plan, and permits the
development of up to 7,966 residential dwelling units, 179 acres of commercial uses, schools,
pazks 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 certain property into the Mountain Park Specific Plan No. 90-4 Zone and
Ordinance No. 5254 to establish the zoning and development standards for the specific plan,
designated as Chapter 18.76 of the Anaheim Municipal Code (currently, Chapter 18.112); and
WHEREAS, on May 25, 2004, the City Council adopted Resolution No. 2004-94
certifying Final Environmental Impact Report No. 330 and Mitigation Monitoring Program 122
and Resolution No. 2004-95 amending the General Plan for the City of Anaheim, which included
amendments to the Mountain Park Specific Plan land uses. The amendments for the Mountain
Park area included redesignating the property to the Low Medium Density Residential and Low-
Medium Hillside Density Residential land use designations and limiting the maximum number of
units to 2,500 dwelling units (485 dwelling units maximum in the Low-Medium Hillside
designation and 2,015 dwelling units maximum in the Low Medium Density Residential land use
designation) and further allowing for the development of a fire station site, a pazk site, a school
site, trails and open space; and
WHEREAS, on August 23, 2005, the City Council adopted Resolution No. 2005-
175 certifying Environmental Impact Report No. 331 and Mitigation Monitoring Program No.
137 and Resolution No. 2005-177 approving Amendment No. l to the Mountain Park Specific
Plan No. 90-4 to provide for the development of 2,500 residential units, a fire station site, a
school site, a concession store/interpretive center, a public trail staging area, public trails, a
public community park site and open space, subject to certain conditions of approval; and
WHEREAS, on September 27, 2005, the City Council adopted Ordinance No.
5993 to reclassify certain property into the Mountain Park Specific Plan No. 90-4 Zone, subject
to certain conditions of approval, and Ordinance No. 5994 to amend the zoning and development
standazds for the specific plan, designated as Chapter 18.112 of the Anaheim Municipal; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Amendment No. 2 to the Mountain Pazk Specific Plan No. 90-4 to amend certain
conditions of approval relating to fiscal impacts and public financing mechanism, as required by
Condition Nos. 77 and 78 of Resolution No. 2005-177 and Ordinance No. 5993, respectively,
pertaining to Amendment No. 1 to the Mountain Pazk Specific Plan No. 90-4; and
WHEREAS, on March 20, 2006, the Anaheim City Planning Commission did
hold a public hearing upon Amendment No. 2 to the Mountain Park Specific Plan No. 90-4,
notice of said hearing having been duly given as required by law and in accordance with the
provisions of Chapter 18.60, to hear and consider evidence for and against said Specific Plan
Amendment and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, at said public heazing, the Anaheim City Planning Commission did
adopt its Resolution No. PC2006-32 containing a report of its findings, a summary of the
evidence presented at said hearing, and recommending that Amendment No. 2 to the Mountain
Park Specific Plan No. 90-4 be adopted by the City Council; and
WHEREAS, upon receipt of said Resolution No. PC2006-32, summary of
evidence, report of findings and recommendations of the Anaheim City Planning Commission,
the City Council did fix the 9th day of May, 2006, as the time, and the City Council Chamber in
the Civic Center as the place for a public hearing on said proposed Amendment No. 2 to the
Mountain Park Specific Plan No. 90-4 and did give notice thereof in the manner and as provided
by law; and
WHEREAS, the City Council did duly hold and conduct such public hearing and
did give all persons interested therein an opportunity to be heard, and did receive evidence and
reports and did consider the recommendations of the City Planning Commission; and
WHEREAS; pursuant to the provisions of CEQA, on May 9, 2006, the Anaheim
City Council, by its Motion, based on its independent review of the Initial Study prepared in
connection with the proposed Amendment No. 2 to the Mountain Pazk Specific Plan No. 90-4,
does find and determine, based upon said Initial Study and any evidence received at the public
meeting, that Amendment No. 2 to the Mountain Pazk Specific Plan No. 90-4 is within the scope
of previously-certified Final Environmental Impact Report No 331 and Mitigation Monitoring
Program No. 137, and that previously-certified Final Environmental Impact Report No. 331 and
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
said Amendment and satisfy all the requirements of CEQA; and
WHEREAS, the City Council does find and determine that Amendment No. 2 to
the Mountain Park Specific Plan No. 90-4 should be approved, and that the evidence presented
shows that all of the conditions set forth in Section 18.72.060 of the Anaheim Municipal Code
are present.
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NOW, THEREFORE, BE IT RESOLVED ~ by the City Council of the City of
Anaheim that Resolution No 2005-177 be, and the same is hereby, amended to revise certain
conditions of approval to Mountain Park Specific Plan No. 90-4 as follows:
A) Amend Condition No. 77 to read:
"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 transmittal 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,
subject 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."
B) Amend Condition No. 78 to read:
"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
owner/developer."
BE IT FURTHER RESOLVED that, except as expressly amended herein,
Resolution No. 2005-177 and Specific Plan 90-4 shall remain in full force and effect.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 9th day of Mav , 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: Noae
ABSENT: None
ABSTAIN: Noae
CITY OF HEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTEST•
C CLERK F TH CITY OF ANAHEIM
/MGordon
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