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ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CHAPTER 18.112 (MOUNTAIN PARK
SPECIFIC PLAN NO. 90 -4 ZONING AND DEVELOPMENT
STANDARDS) OF TITLE 18 (ZONING) OF THE ANAHEIM
MUNICIPAL CODE
(AMENDMENT NO. 4 TO THE MOUNTAIN PARK
SPECIFIC PLAN)
(DEV2020-00204)
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, on April 29, 1986, the City Council adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and “Zoning and Development Standards” when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning regulations and development standards under the Zoning Code, which “Zoning and Development Standards” shall be adopted by ordinance independent of the rest of the Specific Plan; and
WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter
18.93) of the Anaheim Municipal Code, on September 10, 1991, the City Council adopted Ordinance No. 5253 amending the zoning map to reclassify approximately 3,001 acres of ce rtain real property described therein into the Mountain Park Specific Plan No. 90- 4 Zone subject to certain conditions as specified therein, and Ordinance No. 5254 relating to establishment of Zoning and Development Standards for the Mountain Park Specific Plan No. 90- 4 by the addition of Chapter 18.112 to said Municipal Code (referred to herein as “ Mountain Park Specific Plan No. 90-4 (SP90-4) Zoning and Development Standards”); and
WHEREAS, the Mountain Park Specific Plan provides a long- range, comprehensive plan for future development within Gypsum Canyon, an area of the City designated on the General Plan for Low-Medium and Low -Medium Hillside residential land uses. The Specific P lan includes a land use plan, zoning and development standards, design guidelines and a public facilities plan and permits the development of a residential community as well as the infrastructure improvements that are needed to support future development; and
WHEREAS, in connection with the adoption of the Mountain Park Specific Plan, the City Council certified Final Environmental Impact Report (FEIR) No. 331 and adopted Mitigation Monitoring Program (MMP) No. 137 by adopting Resolution No 2005-175 on August 23, 2005; and
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
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Mountain Park Specific Plan No. 90-4 Zoning and Development Standards contained in Chapter
18.112 of the Anaheim Municipal Code 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 Zoning Code Amendment, which implements Amendment No. 4 to The Mountain Park Specific Plan, 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
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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, recommended that the City Council approve and adopt the Zoning Code Amendment, in the form presented at the meeting at which this Ordinance is introduced and incorporated herein by this reference; and
WHEREAS, by Resolution No. PC 2024-015, 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 Zoning Code Amendment, does hereby find and determine as follows:
1. The proposed Zoning Code Amendment is consistent with and implements the proposed amendment to the General Plan and Mountain Park Specific Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 18.112.030 ( Definitions) of Chapter 18.112 ( Mountain Park Specific Plan No. 90-4 (SP 90-4) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby amended to include sequentially in alphabetical order the definition as follows:
“Cemeteries.” As defined in Chapter 18.36 of the Zoning Code.
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SECTION 2. That Table 2 (Primary Uses; Single-Family Detached Residential Zones) of Section 18.112.080 (Single- Family Detached Residential Zones ) of Chapter 18.112 (Mountain Park Specific Plan No. 90-4 (SP 90-4) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to add Cemeteries, sequentially in alphabetical order, as follows:
Table 2
PRIMARY USES; SINGLE-FAMILY DETACHED RESIDENTIAL
ZONES
P Permitted by Right
C Conditional Use Permit
Required
N Prohibited
RMP-1 RMP-2 RMP-3 RMP-4 Special Provisions
Non-Residential Classes of Uses
Cemeteries N N N N/C Conditionally permitted in
Development Area 5. Excludes
crematoriums which are not
permitted. Cemeteries are not
permitted in all other
Development Areas.
SECTION 3. That Table 12 (Primary Uses; Single-Family Cluster Residential Zones) of Section 18.112.090 (Single-Family Cluster Residential Zones) of Chapter 18.112 (Mountain Park Specific Plan No. 90-4 (SP 90-4) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to add Cemeteries, sequentially in alphabetical order, as follows:
Table 12
PRIMARY USES: SINGLE-FAMILY
CLUSTER
RESIDENTIAL ZONES
P Permitted by Right
C Conditional Use Permit Required
N Prohibited
RMP-5 RMP-6 Special Provisions
Non-Residential Classes of Uses
Cemeteries N/C N/C Conditionally permitted in
Development Area 5. Excludes
Crematoriums which are not permitted.
Cemeteries are not permitted in all other
Development Areas.
SECTION 4. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term, or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any
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section, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause, or phrase had been declared invalid or unconstitutional.
SECTION 5. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin , a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of _________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ______ day of ____________, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM