6026ORDINANCE NO..6026 ,
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE 5993 AS TO CERTAIN CONDITIONS OF
APPROVAL (AMENDMENT NO. 2 TO THE MOUNTAIN
PARK SPECIFIC PLAN NO. 90-4)
WHEREAS, on August 27, 1991, the City Council of the City of Anaheim
adopted Resolution Nos. 91R-263 and 91R-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 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,
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 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 park 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. 1 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
standards 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 Park 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 Park 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 hearing, 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 Park 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 Park 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.
WHEREAS, the City Council does find and determine that Amendment No. 2 to
the Mountain Park Specific Plan No. 90-4 should be approved.
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAINS AS FOLLOWS:
SECTION 1.
That Ordinance 5993 be, and the same is hereby, amended to revise certain
conditions of approval, pertaining 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."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
Q
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 9th day of Nam 2006, and
thereafter passed and adopted at a regular meeting of said City Council held on the Lfithday of
May , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway,.Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AEIM -02
d /74
By AAA�
MAYOR OF THE C OF ANAHEIM
A
CITY W,LFRK OF)ME CITY OF
4
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim
the 9th day of May, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on tM
✓ of May, 2006, by the following roll call vote:
ES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
IES: None
SENT: None
STAIN: None
CITY OF ANAHEIM
By /s/Curt Pringle
MAYOR OF THE CITY OF ANAHE
Schroeder
RK OF THE CITY OF ANAHEIM
ORDINANCE NO. 6026
AN ORDINANCE OF THE CITY OF 1EIM AMENDING ORDINANCE 5993 AS TO CERTAIN CONDITIONS OF
APPROVAL (AMENDMENT NO. 2 TC., ,E MOUNTAIN PARK SPECIFIC PLAN NO. 90-4)
(` 4
7
WHEREAS, on August 27, 1991, the City Council of the City of Anaheim adopted Resolution Nos. 91R-263 and 9
264 approving the Mountain Park Specific Plan No. 90-4 (including a Public Facilities Plan and Zoning and Developm
Standards) to for the development of an approximate 3,179 -acre site (the "Mountain Park area') located within
provide
County of Orange in the City of Anaheim's sphere -of -influence, which Specific Plan includes zoning and developm
dwell
standards, design guidelines and a public facilities plan, and permits the development of up to 7,966 residential
units, 179 acres of commercial uses, schools, parks and public facilities and provides for hiking and riding trails and of
AFFIDAVIT OF PUBLICATION
space areas` and
WHEREAS, on September 10, 1991, the City Council adopted Ordinance No. 5253 to reclassify certain property i
1 the Mountain Park Specific Plan No. 90-4 Pone and Ordinance No. 5254 to establish the zoning and development sta
ards for the specific plan, designated as Chapter 18.76 of the Anaheim Municipal Code (currently, Chapter 18.112); and
STATE OF CALIFORNIA,
WHEREAS, on May 25, 2004, the City Council adopted Resolution No. 2004-94 certifying Final Environmental ImF
Report No. 330 and Mitigation Monitoring Program 122 and Resolution No. 2004-95 amending the General Plan for
ss.
City of Anaheim, which included amendments to the Mountain Park Specific Plan land uses. The amendments for
Mountain Park area included redesignating the property to the Low Medium Density Residential and Low -Medium Hill:
COUntOf Orange
Y g
Density Residential land use designations and limiting the maximum number of units to 2,500 dwelling units (485 dwel
units maximum in the Low -Medium Hillside designation and 2,015 dwelling units maximum in the Low Medium Den
Residential land use designation) and further allowing for the development of a fire station site, a park site, a school
I am a citizen of the United States and a resident
trails and open space; and
WHEREAS, on August 23, 2005, the City Council adopted Resolution No. 2005-175 certifying Environmental Imf
of the County aforesaid; I am over the age Of
Report No. 331 and Mitigation Monitoring Program No. 137 and Resolution No. 2005-177 approving Amendment No.
the Mountain Park Specific Plan No. 90-4 to provide for the development of 2,500 residential units, a fire station site
school site, a_concession store/interpretive center, a public trail staging area, public trails, a public community park
eighteen years, and not a party to or interested in
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
the above -entitled matter. I am the r1nC1 al
li Ii
the Mountain Park Specific Plan No. 90.4 Zone, subject to certain conditions of approval, and Ordinance No. 599,
amend the zoning and development standards for the specific plan, designated as Chapter 18.112 of the Anaheim Mui
pal; and
clerk of the Anaheim Bulletin, a newspaper that
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Amendment No. 2 to the Mc
tan Park Specific Plan No. 90-4 to amend certain conditions of approval relating to fiscal impacts and public finam
rrr echanism, as required by Condition Nos. 77 and 78 of Resolution No. 2005-177 and Ordinance No. 5993, respectN
has been adjudged to be a newspaper of general
pertaining to Amendment No. 1 to the Mountain Park Specific Plan No. 90-4; and
circulation b the Superior Court of the Count
Y P Y
WHEREAS, on March 20, 2006, the Anaheim City Planning Commission did hold a public hearing upon Amendn
No. W2to the Mountain Park Specific Plan No. 90-4, notice of said hearing having been duly given as required by law
in accordance with the provisions of Chapter 18.60, to hear and consider evidence for and against said Specific I
of Orange, State of California, on December 28,
Amendment and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, the Anaheim City Planning Commission did adopt its Resolution No. PC2001
1951, Case No. A-21021 in and for the Cit f
Y o
containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that Am(
ment No. 2 to the Mountain Park Specific Plan No. 90-4 be adopted by the City Council; and
Anaheim, County of Orange, State Of California;
WHEREAS, upon receipt of said Resolution No. PC2006-32, summary of evidence, report of findings and recomn
the Anaheim City Planning Commission, the City Council did fix the 9th day of May, 2006, as the time, and
dations of
City Council Chamber in the Civic Center as the place for a public hearing on said proposed Amendment No. 2 to
that the notice, Of which the annexed is a true
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 th
in an opportunity to be heard, and did receive evidence and reports and did consider the recommendations of the
printed copy, has been published in each regular
Planning Commission;
and
and entire issue of said newspaper and not in any
WHEREAS; pursuant to the provisions of CEQA, on May 9, 2006, the Anaheim City Council, by its Motion, bases
its independent the Initial Study in connection with the Amendment No. 2 to the Mour
review of prepared proposed
Park Specific Plan No. 90-4, does find and determine, based upon said Initial Study and any evidence received a1
supplement thereof on the following dates, to
public meeting, that Amendment No. 2 to the Mountain Park Specific Plan No. 90-4 is within the scope of previoi
Final Environmental Impact Report No 331 and Mitigation Monitoring Program No. 137, and that previoi
certified
certified Final Environmental Impact Report No. 331 and Mitigation Monitoring Program No. 137, are in compliance
CEQA the State and City CEQA Guidelines and are adequate to serve as the required environmental document
wit;
and
for said Amendment and satisfy all the requirements of CEQA.
WHEREAS, the City Council does find and determine that Amendment No. 2 to the Mountain Park Specific Plan
90-4 should be approved.
May 25, 2006
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAINS AS FOLLOWS:
SECTION 1.
"I certify (or declare) under the penalty of
That Ordinance 5993 be, and the same is hereby, amended to revise certain conditions of approval, pertamir
Mountain Park Specific Plan No. 90-4, as follows:
perjury under the laws of the State of California
A) Amend Condition No. 77 to read:
i
"That prior to issuance of the first building permit, the properly owner/developer shall establish a mechanism, ac
City Anaheim informa
that the foregoing is true and correct":
ceptable to the City of Anaheim, to provide on-going monitoring and transmittal to the of of
tion 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 propose(
by the developer or governmental entity other than the City of Anaheim to the assumptions in the fiscal impact re
port or development plan, but if there are changes, detailed documentation addressing those fiscal impacts affect
Executed at Santa Ana, Orange County,
ed shall be required."
California, On
B) Amend Condition No. 78 to read:
"That prior to issuance of the first building permit, the property owner/developer shall form a community facilitie
district or other appropriate public financing mechanism acceptable to the City to assure the project generate:
Date: May 25, 2006
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 flexibilit
to fund any additional future shortfall should assumptions in the fiscal impact report prove incorrect. The cost U
establish the mechanism shall be borne by the property owner/developer."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word c
rdinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council t
Signature
fvould have passed all other portions of this ordinance independent of the elimination herefrom of any such portic
ay be declared invalid.
Anaheim Bulletin
SECTION 3. SAVINGS CLAUSE
625 N. Grand Ave.
Neither the adoption of this ordinance not the repeal of any other ordinance of this City shall in any manner offer
prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be
trued as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisic
Santa Ana, CA 92701
=sly
his ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City rel
(714) 796-2209
o the same subject matter, shall be construed as restatements and continuations, as new enactments.
PROOF OF PUBLICATION
SECTION PENALTY
Except as�may otherwise be expressly provided, any person who violates any provision of this ordinance is guilt!
a
misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Ana
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim
the 9th day of May, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on tM
✓ of May, 2006, by the following roll call vote:
ES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
IES: None
SENT: None
STAIN: None
CITY OF ANAHEIM
By /s/Curt Pringle
MAYOR OF THE CITY OF ANAHE
Schroeder
RK OF THE CITY OF ANAHEIM