5253ORDINANCE NO. 5253
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(SPECIFIC PLAN NO. 90-4, MOUNTAIN PARK)
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT:
WHEREAS, the City Council at a duly noticed public
hearing did adopt its Resolution Nos. 91R-263 and 91R-264
approving and adopting Specific Plan 90-4 covering the property
described below and determining that a change or changes in the
zone or zones hereinafter mentioned and described should be made
as hereinafter set forth to conform to the development standards
established in said specific plan; and
WHEREAS, subsequent to adoption of Resolution Nos. 91R-
263 and 91R-264 the City Council did introduce and adopt
Ordinance No. amending the Anaheim Municipal Code to
establish the zon ng and development standards for Specific Plan
90-4, designated as Chapter 18.76 Specific Plan 90-4 (SP 90-4)
Zoning and Development Standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That the Zoning Map referred to in Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended by
rezoning and reclassifying that certain property situated in the
City of Anaheim, County of Orange, State of California, described
in Attachment "A" to this Ordinance, which is incorporated
herein, into the "SP 90-4" (SPECIFIC PLAN 90-4) ZONE, subject to
the following conditions:
(Conditions marked with an asterisk are required by
established laws, codes, regulations and agreements and are not
subject to negotiation. Conditions that are in italics have been
identified as mitigation measures for EIR No. 302 and numbers in
parenthesis represent mitigation measures which must be complied
with in connection with and in accordance with the timing of the
condition which they follow. As such, all mitigation measures
are included as part of the mitigation monitoring program for
this project, as required by Section 21081.6 of the Public
Resources Code.)
GENERAL
1. That within thirty (30) days of annexation of the project
area to the City of Anaheim, the property owner/developer
shall record an unsubordinated covenant against the entire
property acknowledging that those conditions of approval set
forth herein which require completion of certain tasks prior
to either submission or approval of the first large -lot or
builder tentative or final parcel or tract map are tied to
said maps for purposes of carrying out completion of the
purposes of the Specific Plan and are not necessarily based
upon the content of said first map. The covenant shall
further provide that the property owner/developer shall
waive for itself, its successors and assigns, any objection
to imposition of said conditions upon the first large -lot or
builder tentative or final parcel or tract map which may
otherwise be asserted based upon permitted conditions,
exactions and fees set forth in the Subdivision Map Act.
2. [Deleted]
3. On an annual basis commencing upon the date of annexation to
the City of Anaheim and every January thereafter, the
property owner/developer shall provide an updated phasing
plan to the Zoning Division of the Planning Department until
project buildout.
4. That the Specific Plan shall be implemented through the
processing of large -lot tract or parcel maps followed by, or
concurrent with, the processing of builder tentative tracts
or parcel maps subject to the following:
(a) The large -lot tract or parcel map shall contain a note
to the effect that the map is being filed for
conveyance purposes only; no building permits, except
for public
facilities, are to be issued for the lots or parcels
created by the map; and, the recording of a subsequent
builder map is required before building permits can be
issued; and, a covenant in a form approved by the City
Attorney shall be recorded against the entire site
reflecting same;
(b) Irrevocable offers of dedication, including necessary
construction easements, for right-of-way for the
following arterial highways and park and other public
facility sites within the project boundaries that are
listed below and identified in these conditions of
approval are made prior to approval of the first final
large -lot tract or parcel map:
1. Arterial highways including:
a. Santa Ana Canyon Road within the project
boundaries, excluding the Owl Rock Lease
area, as verified by the City Attorney's
review of the lease agreement.
b. Santa Ana Canyon Road within the Owl Rock
Lease area, subject to the Owl Rock Lease
until January 1, 2004, provided that Santa
Ana Canyon Road shall be dedicated and
improved from Gypsum Canyon Road to the
eastern property line when required to
prevent levels of service on arterials and on
SR -91 from deteriorating to worse than LOS D
due to Project traffic, but in any event, no
later than the first building permit in Phase
IV. Alternatively, the City may accept the
right of way upon (i) identification of a
funding source for construction of the
contemplated improvements to the
right-of-way, independent of any funding that
would otherwise have been provided from the
project or assessed against the property, and
(ii) adoption by the City of a resolution (in
the City's sole discretion) declaring that
there is a need for the improvements,
provided that, in this event, the
improvements shall nonetheless be made in
compliance with the conceptual grading plan
for the project and this Specific Plan,
subject to a reimbursement agreement
providing for developer's participation.
C. Gypsum Canyon Road
d. Weir Canyon Road
e. Street "D"
f. Oak Canyon Drive
g. Street "A" between Street "B" and Gypsum
Canyon Road
h. Street "B" between Santa Ana Canyon Drive and
Gypsum Canyon Road
i. Jamboree Road
2. Open Space Area 30 and Development Area 10
including the community park site. In addition to
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and separate from the dedication requirements of
the local park ordinance, a minimum of 1.4 acres
shall be dedicated in Development Area 10 for
construction of a community center and appurtenant
facilities.
3. Subject to Planning Department approval, the
irrevocable offers of dedication will take into
account the environmental consideration of the
Eastern Transportation Corridor.
4. Any street improvements as part of these roadways
shall be generally in conformance with the
Specific Plan Conceptual Grading Plan.
(c) The tract or parcel map otherwise complies with the
Subdivision Map Act and the Anaheim Municipal Code.
PLANNING -RELATED
5. That the property owner/developer shall be responsible for
implementation of all applicable stipulations, if any, in
the public hearings (as noted in the meeting minutes) and in
the Mountain Park Specific Plan; and, that all future
grading and development of the Mountain Park project shall
display the quality standards represented by the applicant
in the public hearings (as noted in the meeting minutes) in
conjunction with the Specific Plan process and in the
Specific Plan document for all zoning and development
standards.
6. That in conjunction with the submittal of each large -lot or
builder tentative tract or parcel map, grading plan, or Site
Plan, the property owner/developer shall submit
documentation which describes how the development is in
conformance with the applicable guidelines and ordinances
established by the Specific Plan. As indicated in the
Specific Plan document, the guidelines are intended to be
used for general reference as part of the Site Plan review
process; however, they are not intended to be used as
minimum requirements and it is recognized that all
guidelines need not be achieved for any given project.
(4.8.1)
7. That in conjunction with the submittal of all Site Plans,
and large -lot or builder tentative tract or parcel maps, the
following information and/or plans shall be submitted to the
Planning Department for Planning Commission review and
approval in conformance with Section 18.76.040.030 of the
Anaheim Municipal Code:
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(a) Location map - drawn to the same scale as the Mountain
Park Specific Plan Development Plan and relating the
Site Plan, tentative tract or parcel map to the overall
Mountain Park project.
(b) Topographic map.
(c) Landscaping plans - indicating the extent and type of
proposed landscaping and including any existing
vegetation which is to be retained. The property
owner/developer shall submit documentation which
confirms that development is in conformance with the
Landscape Concept Plan (Exhibit 18 of the Specific Plan
document).
(d) Vehicular circulation and parking plan - indicating the
nature and extent of public and private streets and
lanes, alleys and other public accessways for vehicular
circulation, off-street parking, and vehicular storage.
(e) Fence and wall plans (including sections) - indicating
the type of fencing. The specific fence or wall
location shall be shown in addition to the color,
material and height. Any fencing located in a manner
which may obstruct the view from a public right-of-way
shall consist of decorative open-work materials.
Sections shall be provided for fences/walls at such
locations showing the relationship between the
fences/walls and the public right-of-way. Plans shall
show that all block walls facing the public
right-of-way will be planted and maintained with
clinging vines and/or shrubs to eliminate graffiti
opportunities, except where said walls are an integral
part of a sign monument or architectural feature
subject to the review and approval of the Planning
Commission.
(f) Signing plans - specifying the size, height, location,
color, material and lighting of such signs. Within
tract or parcel maps which abut the proposed Eastern
Transportation Corridor, the property owner/developer
shall provide temporary signs identifying the location
of the Corridor. Within lots or parcels which are
proposed for future development, the property
owner/developer shall provide temporary signs to
identify proposed future land uses, e.g. future
commercial site, future park/school site, future
residential site. Prior to issuance of sign permits,
all signage shall be subject to the review and approval
of the City Traffic and Transportation Manager for
line -of -sight considerations.
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8. That Site Plans shall include preliminary building plot
plans, floor plans, front, side and rear building
elevations, roof plans, and exterior building materials
(including roofing), roof mounted equipment screening
treatment (including view sections or photos to determine
whether the roof mounted equipment will be visible) and
colors and shall be prepared in conformance with the
Pre -File submittal requirements on file with the Zoning
Division of the Planning Department. Plot plans for the
single-family RS -7200 Districts may show the "typical"
building footprint for each proposed unit, provided that the
property owner/developer also provides a statistical summary
showing that the unit proposed for each lot is in
conformance with all applicable setback and building
coverage requirements. If a typical building footprint is
provided, a final plot plan shall be submitted to the
Planning Commission for review and approval as a Report and
Recommendation item prior to the approval of a final tract
or parcel map. Final plot plans, floor plans and building
elevations ultimately approved by the City shall be in
substantial conformance with said preliminary plans.
9.* That prior to approval of Site Plans, plans shall show
adherence to the zoning and development code standards,
unless a variance from these code standards is processed in
accordance with the Anaheim Municipal Code.(4.8.1)
10. That prior to submittal of each tentative tract or parcel
map and Site Plan, plans shall be submitted to the Police
and Fire Departments for review and approval incorporating
defensible space concepts and safety features (i.e., access,
visibility, surveillance, lighting, etc.).
11.* That prior to the approval of Site Plans and prior to the
issuance of building permits, plans shall be reviewed and
approved by the Fire Department as being in conformance with
the Uniform Fire Code.
12. That all air conditioning facilities and other roof and
ground mounted equipment and trash enclosures shall be
properly shielded from view with architectural walls and
landscaping, and the sound buffered from adjacent
residential properties. Such information shall be
specifically shown on the plans submitted for building
permits.
13. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate
building materials. Such information shall be specifically
shown on the plans submitted for building permits.
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14.* That prior to issuance of building permits, it shall be
demonstrated that all structures have been designed
according to the most recent seismic standards in the
Uniform Building Code and approved by the Chief Building
Official. (4.2.4)
Residential Uses:
15*. That in accordance with the requirements of Section
18.02.047 of the Anaheim Municipal Code pertaining to the
initial sale of residences in the City of Anaheim Planning
Area "B", each buyer shall be provided with written
information concerning the Anaheim General Plan and the
existing zoning within three hundred (300) feet of the
boundaries of subject tract. Prior to issuance of the first
certificate of occupancy of each residential tract or parcel
map, said written information shall be submitted to the
Zoning Division for review and approval.
16. That prior to approval of Site Plans and prior to issuance
of building permits for units developed pursuant to the
RM -2400 Zone, plans shall be submitted to the Planning
Department showing that clothes washer and dryer hookups are
incorporated into each dwelling unit.
17. That prior to issuance of residential rental condominium
project building permits, the legal property owner shall
prepare and record on the rental condominium tract an
unsubordinated covenant limiting occupancy of each rental
condominium unit to no more than two (2) persons (other than
children under the age of two (2) years) per bedroom. Said
limitation shall be effective throughout the time the unit
is leased and shall be included in each lease/rental
agreement. A copy of the covenant shall be submitted to and
approved by the City Attorney prior to recordation with the
Office of the Orange County Recorder. A copy of the
recorded covenant shall be submitted to the Zoning Division.
18. That an unsubordinated covenant shall be recorded with each
final rental condominium project tract map with the Office
of the Orange County Recorder requiring the property owner
to provide and ensure that notice is given to perspective
tenants regarding the potential to eventually sell said
units as condominium/townhome units. A copy of the covenant
shall be submitted to and approved by the City Attorney
prior to recordation. A copy of the recorded covenant shall
be submitted to the Zoning Division. The property
owner/developer may comply with said covenant by requiring
language in the tenant lease agreement relative to the
future sale of said units as condominiums and the procedures
for giving notice of the date of sale to all tenants. Prior
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to the issuance of the first certificate of occupancy for
any unit within a rental condominium tract, said lease
agreement shall be submitted to the Zoning Division for
review and approval of said wording.
19. That if a park and ride facility is proposed for Development
Area 1 in addition to residential uses, that all tentative
tract or parcel maps for said Development Area shall be
processed concurrently if both uses are proposed to have
access from Santa Ana Canyon Road in order to ensure
compatibility between the uses and vehicular access to the
Development Area. Further, the following minimum setbacks
shall be provided for a park and ride facility:
A. Minimum 20 -foot landscaped setback adjacent to
residential uses.
B. Minimum 20 -foot landscaped setback adjacent to any
interior street.
C. Minimum 15 -foot structural setback adjacent to the
landscaped area abutting Santa Ana Canyon Road.
20. That the property owner/developer shall provide the renter
or buyer of each dwelling unit with written information
pertaining to the schools serving the dwelling unit. A copy
of the written information shall be submitted to and
approved by the Zoning Division prior to issuance of the
first certificate of occupancy for each residential tract.
21. That for single-family detached and attached (paired homes)
tracts, the property owner/developer shall install a
six-foot high wall/fence along the side or rear lot line of
any single-family residential lot line abutting two or more
single-family residential lots.
22. That for any single-family detached and attached (paired
home) lot which has less than the minimum lot width required
by code, that an unsubordinated covenant shall be recorded
on the lot limiting the minimum front building setback line
to the front setback shown on the Site Plan (preliminary
plot plan) approved for the lot in connection with the
approval of the builder tentative tract map. A copy of the
covenant shall be submitted to and approved by the City
Attorney prior to recordation. A copy of the recorded
covenant shall be submitted to the Zoning Division.
23. That prior to the issuance of the first certificate of
occupancy within a tract or parcel map, the property
owner/developer shall install required fencing and clinging
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vines and/or shrubs as identified on fencing and wall plans
approved by the Planning Commission in connection with the
Site Plan, tentative tract or parcel map.
24. That prior to the approval of Site Plans and tentative tract
or parcel maps for RM -2400 Zone complexes, plans shall be
submitted to and approved by the City Traffic and
Transportation Manager indicating how the vehicular security
gates and vehicle turn -around area will function. Further,
for parking spaces located along the entry driveways, plans
shall be in conformance with Engineering Standard Detail No.
607 (Driveway Location Planning). Gates shall not be
installed across any driveway or private street in a manner
which may adversely affect vehicular traffic in the adjacent
public streets. Installation of any gates shall be subject
to the review and approval of the City Traffic and
Transportation Manager prior to the issuance of a building
permit.
25. That for single-family reverse corner lots (a corner lot,
the side street line of which is substantially a
continuation of the front lot line of the corner which it
rears), there shall be a minimum 10 -foot or greater building
and fence/wall setback subject to the review and approval of
the City Traffic and Transportation Manager for line -of -si-
ght considerations.
26. That prior to the approval of Development Area Plans,
recreation club sites shall be designated in order to ensure
compatibility between the use and adjacent residential uses
and to plan for a comprehensive circulation plan. Further,
the circulation plan shall be subject to the review and
approval of the City Traffic and Transportation Manager.
Commercial Uses:
27. That the location and configuration of all lighting fixtures
including ground -mounted lighting fixtures utilized to
accent buildings, landscape elements, or to illuminate
pedestrian areas, shall be shown on all commercial Site
Plans. All proposed parking area lighting fixtures shall be
down -lighted with a maximum height of twelve (12) feet adja-
cent to any residential properties. All lighting fixtures
shall be shielded to direct lighting toward the area to be
illuminated and away from adjacent residential property
lines to protect the integrity of the residential
neighborhoods. All lighting fixture types and loca-
tions shall be identified on the plans submitted for
building permits.
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28. That within
storage of,
parts shall
the commercial development areas, no outdoor
display of, or work on vehicles or vehicular
be permitted.
29. That any roof -mounted equipment shall be subject to Anaheim
Municipal Code Section 18.76.100(F)(3) pertaining to the
SP90-4 "CL" (Commercial, Limited) Zone. Such information
shall be specifically shown on the plans submitted for Site
Plan approval and building permits.
30. That all commercial parking areas immediately adjacent to
the landscaped areas abutting Santa Ana Canyon Road, Weir
Canyon Road, Jamboree Road, Streets "A" and "B", and Gypsum
Canyon Road as designated on the Circulation Plan (Exhibit
it of the Specific Plan document) shall be screened from
view by a 3 -foot high landscaped berm. Said screening shall
be shown on landscaping plans submitted in connection with
Site Plans and on plans submitted for building permits.
31. That in connection with the submittal of commercial Site
Plans for Planning Commission review and approval, building
elevations shall show that the rear elevations of commercial
buildings visible from off-site areas shall be
architecturally accented to portray a finished look. Plans
shall also show that all building colors, textures, and
materials shall be compatible between on-site commercial
uses.
32. That any outdoor order speaker, such as for a drive-through
facility, shall be equipped with an operable volume control.
33. That on -premise sale and consumption of alcohol shall occur
subject to the approval of a conditional use permit and only
in conjunction with the sale, serving and consumption of
prepared food items (restaurants).
34. That prior to the approval of landscape plans for commercial
areas, plans shall show that minimum twenty-four inch (2411)
box trees shall be planted on-site. Plans shall further
show that for any eucalyptus trees, that a mixture of 5 to
15 gallon trees shall be provided. Any tree planted on-site
shall be replaced in a timely manner in the event that it is
removed, damaged, diseased, and/or dead.
35. That in the event a parcel map for less than an entire
Commercial Development area is proposed, prior to the
recordation of said map, an unsubordinated management
and maintenance covenant, approved by the City Traffic
and Transportation Manager and Zoning Division and in a
form satisfactory to the City Attorney, shall be
recorded with the Office of the Orange County Recorder.
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A copy of the recorded covenant shall then be submitted to
the Zoning Division. Provisions shall be made in the
covenant that the entire Commercial Development Area shall
be managed and maintained as one (1) integral parcel for
purposes of parking, vehicular circulation, signage, land
usage, maintenance and architectural control, provide
reciprocal access and parking and that the covenant shall be
referenced in all deeds transferring all or any part of the
property.
ENGINEERING/SUBDIVISION
36. That the following street design elements shall be shown on
all large -lot or builder tentative tract and parcel maps:
a. Street cross sections, including dimensions, labels,
circulation designation (i.e. Scenic Expressway,
Hillside, Primary, Hillside, Secondary, Modified
Hillside Collector or Interior) and whether public or
private.
b. Street grades. Street grades shall not exceed ten
percent (10%) except when approved by the City Fire
and Public Works -Engineering Departments prior to
approval of the tentative tract map or parcel map.
Said approval shall be documented in the tentative
tract or parcel map staff report or in the minutes of
the public hearing.
C. Horizontal alignment, including centerline radii, and
cul-de-sac radii.
37. That the following grading elements shall be shown on all
large -lot or builder tentative tract and parcel maps:
a. Pad elevations
b. Spot elevations along top and toe of all slopes
C. Slope setbacks, in conformance with Table 17-A of
Chapter 17.06 of the Anaheim Municipal Code.
d. Demonstrate contour grading in conformance with Council
Policy No. 211 including slope ratios, radius at the
toe of slope and location of planting bays.
e. Location and height of all retaining walls and crib
walls.
f. A statement regarding whether the Four Corners Pipeline
is currently within the proposed tract boundary or is
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proposed to be relocated within the tract boundary. If
the pipeline is to be relocated, the proposed
relocation path shall be delineated on the tentative
map.
g. Cross -Sections to illustrate existing topography and
proposed pad elevations shown on the tentative tract or
parcel map - sufficient to indicate the relationship of
the proposal to the nature and extent of the cut and
fill earthwork involved.
h. Lot dimensions and pad sizes of all lots
38. That prior to the approval of a large -lot or builder
tentative tract or parcel map, any lots not fronting on a
public street and/or gaining access off of a private street
shall be reviewed and approved by the City Traffic and
Transportation Manager. Further, that an unsubordinated
reciprocal access and parking agreement, in a form
satisfactory to the City Attorney, shall be recorded with
the Orange County Recorder prior to or concurrent with the
final tract or parcel map. A copy of the recorded agreement
shall be submitted to the Zoning Division.
39. That prior to approval of the large -lot or builder final
tract or parcel map, vehicular access rights to all arterial
highways adjacent to subject tract, except at street
openings, shall be dedicated to the City of Anaheim.
40. A. Prior to the sale of the first unit or the issuance of
the first certificate of occupancy, whichever occurs
first, the property owner/developer shall provide for
the following:
1. Private street maintenance
2. Hiking and equestrian trails maintenance over all
trails except in Development Area 30 and in open
space areas accepted for dedication to non -city
public agencies or non-profit entities
3. Slope landscaping and irrigation maintenance
4. Parkway landscaping and irrigation maintenance
5. Median island landscaping and irrigation
maintenance for private and non -City required
medians
6. On-site and off-site open or natural channel storm
drain facilities maintenance
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7. Open space maintenance
8. Private sewer maintenance
9. NPDES permit Best Management Practices and the
City of Anaheim's requirements to protect surface
waters
10. Maintain liability insurance for trails, except
for Development Area 30 and those in open space
areas accepted for dedication in fee to public
agencies or non-profit entities; the landscaped
portions of all parkways; and median islands for
non -City required medians in public streets naming
the City as an additional insured, and
indemnifying and holding the City of Anaheim
harmless for damages resulting therefrom.
11. Provision for the replacement of any tree planted
in accordance with project landscaping plans in a
timely manner in the event that it is removed,
damaged, diseased and/or dead.
12. Private storm drain maintenance
13. Private street light maintenance
B. That if Items 1 through 13 are to be
maintained/financed through a Homeowner's Association,
that prior to the sale of the first unit or the
issuance of the first certificate of occupancy,
whichever occurs first, the property owner/developer
shall submit the original documents of the covenants,
conditions, and restrictions (CC&Rs) for the master
association for review and approval to the Subdivision
Section and the City Attorney's Office. The approved
CC&R's shall be recorded in the office of the Orange
County Recorder. A copy of the recorded CC&Rs shall be
submitted to the Subdivision Section of the Public
Works -Engineering Department.
C. That if the responsibility for maintenance of Items 1
through 13 is financed through another financial
mechanism acceptable to and approved by the City of
Anaheim, said mechanism shall be established at the
expense of the property owner/developer prior to the
sale of the first residential unit or commercial
lot/parcel or the issuance of the first certificate of
use or occupancy, whichever occurs first.
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D. The property owner/developer of each tract or parcel
shall improve all the hereinabove described parkways
and median islands and provide maintenance for non -City
required parkways and medians, including providing the
above specified insurance, until such time as the
Homeowner's Association or another acceptable financial
mechanism becomes legally obligated therefore as
hereinabove provided.
E. The property owner/developer shall post a bond in an
amount and form satisfactory to the City of Anaheim to
guarantee performance of the property owner/developer's
obligations herein described. Evidence of the required
insurance and bond shall be submitted to and approved
by the City Attorney's Office prior to final map
approval.
41. That prior to approval of the first large -lot or builder
final tract or parcel map or mass grading plan, whichever
occurs first, for each phase, the legal property owner shall
provide a Public Improvement Agreement, in a form approved
by the City Attorney, agreeing to construct all backbone
street, sewer and storm drain improvements as required by
the City Engineer and Utilities General Manager at the legal
property owner's expense. The developer shall post
improvement security in conformance with Sections 17.08.450,
17.08.460 and 17.08.470 of the Anaheim Municipal Code. The
agreement shall be recorded in the Office of the Orange
County Recorder. A copy of the agreement shall be submitted
to the Subdivision Section of the Public Works -Engineering
Department.
42. That prior to approval of each large -lot or builder final
tract or parcel map, whichever occurs first, the legal
property owner shall provide an unsubordinated Subdivision
Agreement, in a form to be approved by the City Attorney,
agreeing to complete the public street, sewer, storm drain,
water, electrical and hiking and equestrian trail
improvements required for the subdivision at the legal
property owner's expense. The developer shall post
improvement security in conformance with Sections 17.08.450,
17.08.460 and 17.08.470 of the Anaheim Municipal Code. The
agreement shall be recorded concurrently with the final map.
43. That prior to or concurrently with the recordation of the
large -lot or builder final tract or parcel map, whichever
occurs first the property owner/developer shall record
against the entire tract or parcel an unsubordinated
covenant, in a form approved by the City Attorney, imposing
against each and every lot in the tract or parcel the
obligation to maintain all slopes, open space, private
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streets, and private utilities unless a financial mechanism
acceptable to the City has been established to provide for
the maintenance of these items. The slopes and areas to be
maintained under this covenant shall be those determined by
the City Engineer as required by the Municipal Code. The
obligations of the covenant shall survive unless and until
CC&R's are recorded, or a financial mechanism acceptable to
the City is established, which assumes all duties required
under the covenant. A copy of the recorded covenant shall
be submitted to the Subdivision Section of the Public
Works -Engineering Department.
44. That prior to approval of each final tract or parcel map, a
Maintenance Exhibit shall be submitted to and approved by
the City Engineer outlining the maintenance obligations
within the map boundaries as required by Condition No. 40.
Said exhibit shall be recorded with the CC&R's or as a
separate document if another financial mechanism acceptable
to the City is established.
GRADING/SOILS
45. A.* Prior to issuance of grading permits, grading plans
shall be approved by the City Engineer. Grading and
drainage plans shall conform to the procedures and
requirements of Chapter 17.06, "Grading, Excavations
and Fills in Hillside Areas", of the Land Development
and Resources Section of the Anaheim Municipal Code and
to Council Policy No. 211 on hillside
grading.(4.1.1)(4.1.2) (4.3.2)(4.3.4)
B. That the property owner/developer may process a
Preliminary Mass Grading Plan for the limited purpose
of construction of remedial grading and large cuts and
fills as the first step of the grading operations
without complying with conditions which require master
plan facilities (Condition Nos. 41, 48, 54, 61, 67,
69(a -f), 115, and 194 contained herein) which, by their
terms, must be complied with prior to approval of a
mass grading plan provided:
1. Erosion control facilities shall be made a part of
the plan and shall be the first items of
construction.
2. A construction access plan shall be reviewed and
approved by the Traffic and Transportation Manager
and Fire Marshall. The plan shall also be
submitted for review and comment by Caltrans for
the portion of the plan involving Caltrans
facilities.
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3. All ultimate improvements shall be in accordance
with applicable standards and codes. All
temporary improvements shall be in accordance with
the recommendations of the geotechnical engineer
and the approval of the City Engineer.
4. The superseding Mass Grading Plan shall be
submitted within six months from issuance of the
permit for Preliminary Mass Grading.
5. The property owner/developer shall post security
in conformance with Section 17.06.220 of the
Anaheim Municipal Code.
46. That prior to approval of a large -lot or builder tentative
tract or parcel map, whichever occurs first, a preliminary
soils and geological report shall be submitted to the City
Engineer. This report shall be prepared to the satisfaction
the City Engineer and shall show compliance with design
criteria and mitigation measures identified in EIR No. 302
and listed as part of this condition.(4.2.1)
47. That prior to approval of each grading plan, a thorough
soils and geological report, based on the proposed grading,
shall be submitted to the City Engineer. This report shall
be prepared to the satisfaction of the City Engineer and
shall show compliance with design criteria and mitigation
measures identified in EIR No. 302 and listed as part of
this condition. The grading plan shall be in conformance
with all recommendations of the report.(4.2.5)(4.2.6)
(4.2.7)(4.2.8)(4.2.9)(4.2.10)(4.2.11)
48. That prior to approval of grading plans within an area in
which the Four Corners Pipeline is located or is proposed to
be relocated within the grading plan boundaries, the
property owner/developer shall obtain the approval of the
Four Corners Pipeline Company. If the pipeline is located
or will be relocated within the public right-of-way, the
Four Corners Pipeline Company shall secure a franchise
agreement from the City of Anaheim. Provisions of the
franchise shall be in conformance with the City Charter and
approved by the Four Corners Pipeline Company and the City
of Anaheim prior to approval of the grading plan. Said
agreement shall be submitted to the City Attorney's Office
for review and approval as to form.
49. That prior to approval of any grading plan within a
development area wherein the Four Corners Pipeline exists or
is proposed to be relocated, the property owner/developer
shall submit a safety plan to the City Engineer. If there
are any environmental concerns relating to developing
16
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adjacent to the pipeline or relocating it identified during
subsequent CEQA reviews, the property owner/developer shall
be responsible for financing/implementing any necessary
mitigation measures. Said plan shall be reviewed by the
Four Corners Pipeline Company and approved by the City.
Relocation of the pipeline shall occur at no cost to the
City.
50. During grading, site preparation, excavation and earthwork
completion operations shall be performed under the
observation and testing of a geotechnical engineer and an
engineering geologist.(4.2.12)
51. That prior to the public hearing for each mass grading plan,
the developer shall submit a monitoring plan, prepared by an
Orange County certified paleontologist and in conformance
with mitigation measures identified in FEIR No. 302 and
listed as part of this condition, to the Subdivision
Section. Any paleontological work at the site shall be
conducted under the direction of the certified
paleontologist. If any fossil discovery occurs during
grading operations when a paleontological monitor is not
present, grading shall be diverted around the area until the
monitor can survey the area. Any fossils recovered during
the development along with their contextual statiagraphic
data, shall be donated to the Natural History Foundation of
Orange County, or other appropriate institution with an
educational and research interest in the materials. A final
report detailing findings and disposition of specimens shall
be submitted to the City Engineer. Upon completion of
grading, the paleontologist shall notify the City Engineer
as to when this final report will be submitted. A copy of
the final report shall be submitted to the Zoning Division.
(4.5.1)
52. That in connection with the submittal of each mass grading
plan, the property owner/developer shall submit a dust
control plan for review by the Subdivision Section. The
dust control plan shall specify steps that will be taken to
comply with SCAQMD Rule 402, which requires that there be no
dust impacts off-site sufficient to cause a nuisance, and
SCAQMD Rule 403, which restricts fugitive dust emissions.
The plan shall also include provisions to limit the exposed
areas by completing and covering graded areas before other
areas are disturbed. The dust control plan shall be
approved by the City Engineer concurrently with the mass
grading plan. The developer shall submit an exhibit to the
Field Engineer each quarter showing exposed areas, areas
covered by hydroseeding or polymer, and permanently
landscaped areas.(4.10.1)
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53. That prior to the public hearing for each grading plan, the
developer shall submit an erosion control plan prepared by a
registered civil engineer for review by the Subdivision
Section. The erosion control plan shall be prepared in
compliance with the mitigation measures identified in FEIR
No. 302 and listed as part of this condition and shall be
approved by the City Engineer concurrently with the grading
plan. The erosion control plans shall be updated each year,
prior to October 15th, until the development is complete.
After each storm (i.e. rainfall of at least 1 inch within a
24 hour time period) a summary shall be submitted to the
Field Engineer indicating the performance of the erosion
control facilities, the schedule for cleanup and repair, and
planned improvements to devices that did not perform
satisfactorily.(4.2.3)(4.3.1)(4.4.3.f)
54. That prior to approval of the first mass grading plan for
Development Areas 18, 19, 22, 24 and 30, landscaping plans,
including provision for a temporary landscaped berm for the
areas adjacent to the sand and gravel operation boundary,
shall be submitted to the Planning Department for review and
approval by the Planning Commission. The slope landscaping
and irrigation shall be installed and certified by the
responsible landscape architect in conformance with Section
17.06.137 of the Anaheim Municipal Code prior to approval of
the first plot plan grading plan for said areas. The
landscaping plans shall be prepared in compliance with the
landscape mitigation measure identified in FEIR No. 302 and
listed as part of this condition.(4.10.11)
LANDSCAPING
55. That prior to the approval of the first landscape plan, a
tree and plant palette shall be submitted for review and
approval by the Planning, Fire and Maintenance Departments
in compliance with the mitigation measure identified in FEIR
No. 302 and listed as part of this condition.(4.4.2.h)
56. That prior to approval of landscape plans adjacent to all
public roadways, tree types and locations shall be reviewed
and approved by the Director of Maintenance. Root and
sidewalk barriers shall be provided for trees within seven
feet of public sidewalks and/or public right-of-way.
57.* That prior to approval of landscape plans for each tract or
parcel map, fuel modification plans shall be reviewed and
approved by the Fire Department. Fuel breaks shall be
provided as determined to be necessary by the Fire
Department and the fuel modification program shall be
implemented as outlined in the Specific Plan document.
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58.* That native slopes adjacent to newly constructed homes shall
be hydroseeded with a low fuel combustible seed mix. Such
slopes shall be sprinklered and weeded as required to
establish a minimum of thirty (30) feet of separation
between flammable vegetation and any structure.
59. That prior to the approval of each mass grading plan, a
Master Specimen Tree Removal Permit shall be submitted for
review and approval by the Planning Commission in accordance
with the Mountain Park Specimen Tree removal regulations in
Anaheim Municipal Code Section 18.76.130(F) pertaining to
the SP90-4 "SC" (Scenic Corridor Overlay) Zone. Provided
further that:
(a) The property owner/developer shall submit an annual
letter to the Zoning Division, commencing the first
January following the issuance of the Master Specimen
Tree Removal Permit, to document the number and
location of the trees replaced in accordance with the
requirements of the Master Specimen Tree Removal
Permit; and,
(b) Prior to landscaping bonds being released for
development in each phase of the project, as depicted
on the Phasing Plan (Exhibit 28 of the Specific Plan
document), the property owner/developer shall submit tc
the Zoning Division proof in the form of written
documentation and a final Specimen Tree Replacement
Location Map that all replacement trees within the
phase have been planted and have been established for a
minimum period of one year in accordance with approved
landscaped plans.
(c) All subsequent specimen tree removal requests shall be
processed in accordance with Section 18.76.130(F).
60. That individual trees shall be removed only after issuance
of the mass grading permit covering the area which includes
the trees. Further, the mass grading plan shall specify the
number of trees to be removed in accordance with the Master
Specimen Tree Removal Permit.
61. That prior to approval of each grading plan, the property
owner/developer shall submit landscaping and irrigation
plans and an Irrigation Management Program to integrate and
phase the installation of landscaping with the proposed
grading and construction schedule to the Zoning Division for
review and approval.
(a) The landscape plans shall be based on the conceptual
landscape plans approved by the Planning Commission in
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connection with Site Plan, tentative tract or parcel
map approval. If grading plans are processed prior to
subdivision or Site Plan approval, then the landscape
plans shall be submitted to the Planning Commission for
a noticed public hearing in the same time and manner as
required for review of Site Plans.
(b) The landscaping plans shall be prepared and certified
by a licensed landscape architect. The landscape
architect shall submit certification in accordance with
Municipal Code Section 17.06.137. The landscape plans
shall provide visual screening of urban uses
(residential, commercial, school, water tank) from open
space areas on- and off-site and shall include heavy
emphasis on drought-resistent and fire -retardant
vegetation and be in conformance with City requirements
and standards.
(c) The Irrigation Management Program shall specify methods
for monitoring the irrigation system, and shall be
designed by an irrigation engineer (certification to be
submitted in accordance with Municipal Code Section
17.06.137). The system shall ensure that irrigation
rates do not exceed the infiltration of local soils and
that the application of fertilizers and pesticides do
not exceed appropriate levels and frequencies.
(d) Each landscaping and irrigation plan shall include the
installation of low water using landscape and low
volume irrigation systems in accordance with the
guidelines established in the State of California Water
Efficient Landscape Model Ordinance set forth by
Assembly Bill 325, including, but not limited to,
design features that conserve water such as controlled
irrigation systems which may employ drip irrigation,
soil moisture sensors, and automatic systems that
minimize runoff and evaporation, and use of mulch on
top of soil to improve water holding capacity of public
landscaped areas; and, use of xeriscape and
drought -tolerant species for landscaping. Plans
indicating such conservation measures shall be reviewed
and approved by the Utilities Department prior to
approval by the Zoning Division. Further, prior to the
submittal of model home final landscape plans to the
Zoning Division for review and approval, the property
owner/developer shall work with the Utilities
Department to develop demonstration projects utilizing
water conserving landscape and irrigation systems for
Mountain Park model homes.
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(e) A Mitigation Measure Compliance Report shall be
submitted indicating compliance with mitigation
measures established for FEIR No. 302 and listed as
part of this condition.(4.8.2)
62. That prior to the issuance of the first certificate of use
or occupancy for any structure within each tract or parcel
map, a licensed landscape architect shall certify to the
Zoning Division, in conformance with Section 17.06.137 of
the Anaheim Municipal Code, that the landscaping has been
installed for the individual tract or parcel maps in
accordance with a phasing plan approved with the landscape
and irrigation plans.
63. That in order to minimize the possibility of invasion of
native habitats by non-native invasive plant species, no
such plant species shall be used in landscape plans, fuel
modification zones or buffer zones which interface with the
preserved natural open space areas. As indicated below,
some of these plant species may be utilized in areas which
do not interface with open space areas. Any CC&Rs will
provide that disposal of cuttings of these or any other
ornamental plants in preserved natural open space areas is
strictly prohibited. Controlled invasive species will
include the following:
► Giant reed (Arundo donax)*
► Hottentot -fig (Carpobrotus edulis)
► Garland chrysanthemum (Chrysanthemum coronarium)*
► Pampas grass (Cortaderia atacamensis)*
► French broom (Cytisus monspessulans)
► Scotch broom (Cytisus scoparius)
► Bermuda buttercup (Oxalis pes-caprae)*
► German ivy (Senecio mikanoides)
► Pink periwinkle (Vinca major)
► Tamarisk (Tamarix spp.)*
► Gorse (Ulex europaeus)
► Chinese Tree -of -Heaven (Ailantis spp.)*
* Indicates species which may not be used in any plant
palettes, regardless of location in the development,
due to its ability to readily spread via airborne
seeds, rather than vegetatively.(4.4.3.n)
64. That prior to the issuance of the first use and occupancy
permits within the tract or parcel map, the property
owner/developer shall submit, to the satisfaction of the
General Manager of the Utilities Department, a certified
water audit for landscape irrigation systems.(4.13.4)
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65. That on-site landscaping and irrigation systems shall be
maintained in compliance with City standards.
66. That in connection, with the submittal for approval of any
large -lot or builder tentative tract and/or parcel map
whichever occurs first, including or adjacent to water
reservoir sites, conceptual landscape plans which delineate
techniques for screening the reservoir, where visible to the
public, shall be submitted to the Planning Commission for
review and approval. Further, the financial mechanism for
provision and maintenance all such landscaping areas shall
be reviewed and approved by the City.(4.13.13)
67. That prior to issuance of grading permits for all graded
areas to remain as open space adjacent to Open Space Areas
31 and 32 which are suitable for planting vegetation, and
are not a part of any potential fuel modification zones,
landscaping plans shall be submitted to the Planning
Department for Planning Commission review and approval
showing that said areas shall be planted and/or seeded
extensively with appropriate southern California native
species upon completion of grading. Areas where planting is
unnecessary or infeasible, such as areas composed of hard
rock or non -erodible soils, shall not require landscaping
and shall be so designated on landscape plans. Upon
completion of grading adjacent to Open Space Areas 31 and
32, all graded areas shall be planted and/or seeded in
accordance with the approved plans. Upon completion of
planting and/or seeding and prior to issuance of grading
permits for Phase IV of the project, the property
owner/developer shall submit to the Zoning Division a
request for a city inspection to verify that the planting
has been completed in conformance with approved plans.
(4.4.2.g)(4.4.3.j)
68. That detailed landscape plans for privately maintained
common areas shall be submitted to the Zoning Division and
approved prior to approval of plot plan grading plans.
Plans shall include provisions for long-term maintenance,
and shall be consistent with the landscape plans submitted
for review and approval by the Planning Commission in
connection with Site Plans, tentative tract or parcel maps
or grading plans.(4.8.2)
HYDROLOGY (STORM DRAINS)
69. That prior to approval of the first large -lot tentative
tract or parcel map or mass grading plan, whichever occurs
first, the property owner/developer shall submit a Master
Drainage and Runoff Management Plan (MDRMP) for review by
the Public Works - Engineering Department and approval by
22
the City Engineer. Prior to approval by the City Engineer,
the MDRMP shall be submitted to the County of Orange
Environmental Management Agency, the Regional Water Quality
Control Board and Caltrans for review and approval as it
relates to their drainage systems/areas of responsibility.
The master plan shall include the following items:
a. Backbone storm drain layout and pipe size, including
supporting hydrology and hydraulic calculations for
storms up to and including the 100 -year storm
b. Storm drain improvement phasing plan
C. Assessment of existing water quality
d. Detailed potential water quality impacts
e. Proposed specific measures, using structural and
non-structural Best Management Practices, to maintain
water quality
f. Water Quality Monitoring Program
g. Mitigation Measure Compliance Report indicating
compliance with mitigation measures identified in FEIR
No. 302 and listed as part of this condition. (4.3.5)
70. That prior to issuance of grading permits, the property
owner/developer shall obtain an NPDES permit from the
Regional Water Quality Control Board.(4.3.7)
71. That prior to approval of drainage improvement plans for
each tract or parcel map, plans shall provide for sediment
traps to be constructed on private drainage devices to
prevent silt from entering the public streets and storm
drains. The sediment traps shall be constructed prior to
issuance of any certificates of occupancy for the tract or
parcel map.(4.3.5)
72. That prior to the approval of any large -lot or builder
tentative tract or parcel map or rough grading plan,
whichever occurs first, the property owner/developer shall
submit a Drainage and Runoff Management Plan to the Public
Works -Engineering Department for review and approval by the
City Engineer that conforms to the Master Drainage and
Runoff Management Plan and includes the following items:
a. A delineation of the improvements to be implemented for
control of project generated drainage and runoff,
demonstrating compliance with design criteria and
23
drainage mitigation measures identified in FEIR No. 302
and listed as part of this condition.(4.3.3)(4.3.5.1)
(4.3.6)
b. A description of the existing discharge conditions,
post development runoff estimates, proposed drainage
improvements and proposed measures to maintain water
quality.
C. The design of specific flood control facilities that
will protect the development from inundation due to
rainfall runoff from a 10 -year, 25 -year and 100 -year
flood.
73. That in connection with the submittal of each grading plan,
the property owner/developer shall indicate whether the
rocket fuel test site lease area is within the vicinity of
the grading plan boundaries. Prior to the approval of the
first grading plan in the vicinity of the rocket fuel test
site lease area, the property owner/developer shall submit a
monitoring and sampling plan to be implemented while grading
to the City Engineer and to the Regional Water Quality
Control Board for review and approval.(4.3.8)
74. That prior to approval of each large -lot or builder final
tract map or parcel map, storm drain improvement plans that
will protect the development from inundation due to rainfall
from all storms up to and including the 100 -year storm shall
be prepared and submitted to the Public Works -Engineering
Department, Subdivision Section for review and approval.
Design and installation of project drainage facilities shall
be in accordance with the flow criteria, design standards
and construction requirements of the Public
Works -Engineering Department.(4.3.5)(4.3.6)
75. That prior to approval of any final grading plan having
interface with the future Weir Canyon dedication area, the
property owner/developer shall submit to the City Engineer
for his approval a site specific hydrology study
demonstrating that surface runoff to the dedication area
will not increase as a result of proposed on-site grading
and other development -related drainage and urban run-off
effects from Mountain Park.
76. That the property owner/developer shall be financially
responsible for the following items:
(a) The construction of the Master Plan drainage
facilities;
24
A
(b) The construction of in -tract and local storm drain
system improvements; and
(c) Any permits and any subsequent environmental assessment
deemed necessary by the City of Anaheim.
WATER
77. That in conjunction with the submittal of each large -lot or
builder tentative tract or parcel map, the property
owner/developer shall provide information regarding the
sizing requirements for the water system (i.e., primary
mains, special facilities, terminal storage reservoir and
transmission mains) within the parcel or tract boundaries;
said requirements to be reviewed and approved by the Water
Engineering Division prior to the approval of each tentative
tract or parcel map. Further, in designing the main water
distribution system to be installed in arterial roadways,
the property owner/developer shall consider including
reclaimed water lines for irrigation of common area
landscapes, median strips, slopes and park spaces in the
project to accommodate future use of reclaimed water. Prior
to the submittal of each large -lot or builder tentative
tract or parcel map, a determination whether to include
reclaimed water lines within the map boundaries will be made
jointly by the Utilities Department and property
owner/developer.
78. That prior to approval of each large -lot or builder
tentative tract or parcel map, the Water Engineering
Division shall have the opportunity to review that specific
development phase to determine what increment, if any, of
the terminal water storage facility must be installed by the
property owner/developer to support said development phase.
79. The Water Concept Plan (Exhibit 33 of the Specific Plan
document) indicates the locations of the water storage
reservoirs and pump stations. Prior to the approval of the
first large -lot or builder tentative tract or parcel map,
whichever occurs first, the property owner/developer shall
enter into a written agreement with the Water Engineering
Division as to the placement and timing of the water storage
reservoirs and pump stations.
80. Prior to the approval of the first large -lot or builder
tentative tract or parcel map, whichever occurs first, the
property owner/developer shall obtain approval of a
Master Plan of Improvements from the General Manager,
Utilities Department. Upon approval of the Master Plan of
Improvements, said plan shall be incorporated into the
Specific Plan Public Facilities Plan by reference and shall
25
be carried out in accordance therewith. The General
Manager, Utilities Department reserves the right at any time
to revise and update the Master Plan of Improvements
provided that such revisions shall not affect contracts
previously executed by the City and the property
owner/developer in accordance with the Master Plan of
Improvements prior to said revision. In accordance with the
Water Utility's Rates, Rules and Regulations and the
Mountain Park Specific Plan, the Master Plan shall include a
hydraulic analysis for the proposed system under average
day, maximum day and peak hour demands, shall give
consideration to projected water demands, pressure zones and
service area, and shall set forth the requirements for
phasing, financing and constructing primary mains,
reservoirs, pump stations, and the following required
improvements:
A. The construction of a new groundwater well at a
location to be chosen by the Water Engineering Division
(currently proposed in Eucalyptus Park).
B. Advancement of funds for the construction of an in-line
booster pump station currently proposed in the vicinity
of La Palma Avenue and Kellogg Drive if the capacity
added by the Eucalyptus Park groundwater well is
determined to be insufficient to cover increased
demand.
C. Advancement of funds for the completion of two segments
of the transmission main in Santa Ana Canyon Road
between Anaheim Hills Road and Mohler Drive (about 4500
feet of 36 -inch) and between Weir Canyon Road and
Longwood Street (about 1800 feet of 30 -inch) to reduce
headloss in the transmission main as a result of higher
water demand.
D. Advancement of funds for the upgrading of the City's
turnout facility off the Allen McColloch Pipeline if
the capacity added by improvements in items A and B is
determined to be insufficient to cover increased
demand.
E. Construction of all water lines, reservoirs, and
facilities shown on the Water Concept Plan (Exhibit 33
of the Specific Plan document) in accordance with the
Utility Department requirements for each development
phase. Water supplied to this project at the 1320
pressure zone gradient will be provided from existing
facilities in the Utilities Special Facilities District
Number One ("SFD,O111). The one million gallon
reservoir, required to be constructed in this project,
26
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will be the final facility that is planned for in
SFDJ1.
F. Any SFD#1 connection to the 900 and 1120 pressure zone
gradients will be provided as an emergency backup only,
subject to further negotiation with the City.
G. Mitigation Measure Compliance Report showing compliance
with water mitigation measures identified in EIR No.
302 and listed as part of this condition.
(4.13.12)(4.13.14)
H. To the extent the property owner/developer may qualify
for reimbursement from other benefitted properties, the
property owner/developer may petition the City Council
to establish a reimbursement agreement or benefit
district to include other unincorporated properties
within Anaheim's sphere -of -influence which may benefit
from the above -noted facilities/projects. Costs
associated with the establishment of any such districts
shall be at the expense of the property
owner/developer.
An approved copy of the Water Master Plan shall be submitted
to the Subdivision Section. Any subsequent amendment to the
plan shall also be submitted to the Subdivision Section.
81. That prior to the approval of each large -lot or builder
tentative tract or parcel map or Site Plan, proof in the
form of a memo from the Utilities Department, shall be
submitted to the Planning Department to confirm that all
water supply planning for the project has been closely
coordinated with and approved by the Water Engineering
Division of the Utilities Department.
82. That in conjunction with the recordation of large -lot or
builder final tract or parcel maps, whichever occurs first,
the property owner/developer shall dedicate to the City the
land and easements required for implementation of the water
system to support that map. The reservoir sites shall be
dedicated with the final maps, or when required by the City.
83. That prior to approval of each large -lot or builder final
tract or parcel map, whichever occurs first, the
owner/developer shall bond for the construction of the
required water system improvements for the tract or parcel
map. Further, any water backflow equipment and any other
large water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either
underground vaults or behind the street setback area in a
manner fully screened from all public streets and alleys.
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84. That prior to issuance of building permits, the property
owner/developer shall submit plans to the Water Engineering
Division of the Utilities Department to show that water
consumption reduction measures have been implemented as
required by State law, in accordance with the Water
Utility's Rates, Rules and Regulations and in conformance
with mitigation measures identified in FEIR No. 302 and
listed as part of this condition. Plans submitted for
building permits shall show that the buildings have been
designed to incorporate water conserving techniques
including the use of ultra low -flow toilets, and low flow
showerheads and faucets. The water reduction measures shall
be in place prior to issuance of use and occupancy permits.
(4.13.3)
85. That in accordance with the Water Engineering Division's
policy, reservoir construction shall consist of one-half of
the reservoirs to be constructed of steel and one-half to be
constructed of concrete unless otherwise approved by the
Water Engineering Division.
86. That reservoirs will be located and designed in a manner
which screens them from public view. Prior to approval of
the large -lot or builder tentative tract or parcel map,
whichever occurs first, which includes the reservoir site,
the Utilities Department shall determine whether the
reservoir will be completely buried, partially buried or
above -ground. Said information, shall be noted in the
tentative tract or parcel map staff report.
ELECTRICAL
87. That prior to large -lot or builder final tract or parcel map
approval, whichever occurs first, the property
owner/developer shall install, bond for, or otherwise secure
on-site electrical facilities in accordance with the City of
Anaheim Public Utility Electric Rates, Rules and
Regulations, and provide evidence of this fact to the City
Utilities Department.(4.13.1)
88. That, for electrical substation site and underground 69kV
Transmission, prior to the approval of the first large -lot
or builder tentative tract or parcel map, whichever occurs
first, the property owner/developer shall enter into an
agreement with the Utilities Department to dedicate or
reimburse its proportionate share of the cost of a level
graded site for a City of Anaheim Public Utility 69kV to
12kV Electrical Substation and to set forth the timing for
the grading and dedication of the site. The site shall be
2.5 acres. In addition, any right-of-way or easements
necessary to provide access to the substation site for 69kV
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Transmission and 12kV Distribution Lines and Public Utility
construction and maintenance crews shall be dedicated in
accordance with the approved agreement. The substation site
shall be in a centralized location which will best serve the
needs of the existing City of Anaheim, Mountain Park,
Cypress Canyon and any other new developments in the Gypsum
and Coal Canyon areas. The substation site is currently
proposed within the Cypress Canyon development; however, if
the Cypress Canyon project area is not annexed to the City
of Anaheim and constructed with uses requiring the service
of the electrical substation site, or if the Utilities
Department determines that the electrical substation site is
needed to serve the Mountain Park development prior to the
commencement of the Cypress Canyon project, the Mountain
Park property owner/developer shall be responsible for
securing, grading, constructing and providing for an on-site
electrical substation site acceptable to the Utilities
Department. To the extent the property owner/developer may
qualify for reimbursement from other benefitted properties,
the property owner/developer may petition the City Council
to establish a reimbursement agreement or benefit district
to include other areas of benefit. Costs associated with
the establishment of any such districts shall be at the
expense of the property owner/developer. Written proof of
the Electrical Substation Agreement shall be furnished to
the Planning Department and the Utilities Department and
shall be subject to approval by the Utilities Department and
the City Attorney's Office.(4.13.2)
89. That, for electrical substation site and underground 69kV
Transmission, the property owner/developer shall provide and
install underground conduits and substructures, and shall
pay its proportionate share of the fee for the installation
of three (3) 69kV underground transmission lines which will
provide service to the substation site. One route will be
along or near Santa Ana Canyon Road from west of Weir Canyon
Road to the proposed substation site. The other routes
shall be determined prior to the approval of the first
large -lot tract or parcel map or builder tentative tract or
parcel map, whichever occurs first or at a later date agreed
to by the Utilities Department. Construction and funding
shall be in accordance with the Electric Rates, Rules and
Regulations and Electrical Engineering Construction
Standards.
90. That, for electrical substation site and underground 69kV
Transmission, if there are any environmental concerns
relating to the location of the substation site and
associated transmission and distribution lines identified
during subsequent CEQA reviews, the property owner/developer
shall be responsible for financing any reports/studies
29
required by the City as part of the CEQA review and
financing/implementing any necessary mitigation measures.
The financing of any reports, studies, and/or actions taken
to mitigate environmental concerns associated with the
Electrical System shall be included in any reimbursement
agreement for area -wide electrical improvements.
91. That, for construction phasing and scheduling, the property
owner/developer shall have the responsibility to coordinate
all long range construction schedules with the City of
Anaheim Utilities Department, Electrical Engineering
Division. The City does not, at this time, provide
electrical service to Gypsum Canyon and the property's
distance from existing City electrical facilities will
require the construction of the proposed substation. A
completed substation requires five years to design, bid,
construct, and energize. The property owner/developer shall
keep the Electrical Engineering Division apprised of
construction phasing and scheduling to assure that
electrical service is available to meet the property
owner/developer's schedule. Portions of Phase I west of the
proposed Eastern Transportation Corridor (ETC) can be
provided interim service from planned underground 12kV
systems installed for The Summit of Anaheim Hills
development adjacent to Mountain Park (Oak Canyon Road and
Weir Canyon Road). General Commercial developments west of
the ETC in the Santa Ana Canyon Road area shall require the
installation of a 12kV conduit and substructures system in
Santa Ana Canyon Road from the east boundary of the East
Hills development to the proposed Mountain Park Phase 1 12kV
conduit system. Unless otherwise approved by the City
Electrical Engineering Division, Electrical Distribution
Systems to serve areas east of the proposed ETC shall be
from the substation proposed to supply service to Mountain
Park/Coal Canyon area. Prior to the approval of each
large -lot or builder tentative tract or parcel map,
whichever occurs first, the property owner/developer shall
provide an updated construction and phasing schedule to the
Electrical Engineering Division.
92. That, for construction phasing and scheduling, information
regarding the scheduling of construction, phasing of street
improvements, and individual tract construction shall be
required prior to issuing final electrical distribution
drawings. Electrical Engineering shall be provided
construction schedules and phasing, and be notified of
schedule or phasing changes as they develop.
93. That, for electrical 12kV distribution systems and
electrical street light and communication systems, the
property owner/developer shall have the financial
30
responsibility for the installation of Electrical 12k
Distribution Systems consisting of underground concrete
encased conduits, vaults/substructures, apparatus pads,
retaining walls, and related facilities. These systems
shall be provided as required on all streets, public and
private, at no cost to the City in accordance with the
Electric Rates, Rules and Regulations, and the Electrical
Engineering Construction Standards.
94. That, for electrical 12kV distribution systems and
electrical street light and communication systems, the
property owner/developer shall pay a non-refundable fee in
accordance with the Electric Rates, Rules and Regulations
for the installation of underground cables, splices,
switches, capacitors, and related labor and materials to
complete an underground 12kV network system in the
developer -provided conduit system. The scheduling and
funding requirements for 12KV network systems shall be
determined during the preparation of the electrical
underground system plans and prior to improvement plans
approvals. The property owner/developer shall pay this fee
to the City upon billing by the City.
95A. That, for electrical 12kV distribution systems and
electrical street light and communication systems, the
property
owner/developer shall construct a conduit, substructure
system in Santa Ana Canyon Road from the project boundary
west to intercept existing conduits located near the eastern
boundary of the East Hills development. The property
owner/developer shall pay a fee for the installation of
underground cables, padmounted switches, and related
facilities to complete an underground line extension along
Santa Ana Canyon Road, all in accordance with the City of
Anaheim's Electric Rates, Rules and Regulations.
B. That the Southern California Edison overhead 12kV pole line,
located on Santa Ana Canyon Road east of the east boundary
of the East Hills (Bauer Ranch) development shall be
converted to an underground system in conjunction with
street improvements for Santa Ana Canyon Road; or, prior to
the approval of street improvement plans for said portion of
Santa Ana Canyon Road, the Mountain Park property
owner/developer shall submit proof to the City of Anaheim's
Electrical Engineering Division that the overhead 12kV pole
line will be abandoned within three (3) years following the
approval of street improvement plans. Said abandonment
shall be secured by a performance bond, letter of credit, or
other form of security in an amount and form approved by the
City. The conversion of the Southern California Edison
lines from an overhead to underground system shall be at no
31
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cost to the City of Anaheim. To the extent the property
owner/developer may qualify for reimbursement from other
benefitted properties, the property owner/developer may
petition the City Council to establish a reimbursement
agreement or benefit district to include other areas of
benefit. Costs associated with the establishment of any
such districts shall be at the expense of the property
owner/developer.
96. That, for electrical 12kV distribution systems and
electrical street light and communication systems, the
property owner/developer shall have the financial
responsibility for the installation of Street Lighting
Systems consisting of underground conduits, pull boxes,
subsurface transformer enclosures, retaining walls, and
related facilities. These systems shall be provided as
required on all streets, public and private, at no cost to
the City in accordance with the Electric Rates, Rules and
Regulations, and the Electrical Engineering Construction
Standards.
97. That, for electrical 12kV distribution systems and
electrical street light and communication systems, the
property owner/developer shall have the financial
responsibility for the installation of Water and Electrical
Control and Communication Systems consisting of underground
conduits, pull boxes, subsurface enclosures, communication
cables, retaining walls, a dedicated transmitter, receiver,
and antennae site(s), and related facilities. These systems
shall be installed in accordance with the Public Utility
Water and Electrical Communication Master Plan as required,
at no cost to the City, in accordance with the Electric
Rates, Rules and Regulations, the Public Utility Water and
Electrical Communication Master Plan, and the Electrical
Engineering Construction Standards.
98. That, for electrical 12kV distribution systems and
electrical street light and communication systems, all
facilities shall be located within public right-of-way or
easements dedicated with recordation of final tracts or
parcel maps, or as separate documents. The conduit system
with associated concrete substructures shall be installed
underground. Switches and/or capacitors will be in metal
cabinets mounted above ground on concrete pads.
99. That, for electrical 12kV distribution systems and
electrical street light and communication systems, during
the preparation phases of improvement plans (streets, sewer
and water, storm drain, tract, precise grading, etc.) the
property owner/developer's engineer(s) shall coordinate said
improvements with the City of Anaheim Electrical Engineering
32
Division. The property owner/developer's engineer(s) shall
provide tract maps, and precise grading plans with units
plots, sewer and water, storm drain and related information
in a layered AUTOCAD format in accordance with
specifications on file with the Electrical Engineering
Division.
100. That, for Tracts -Electrical Underground and Street Light
Systems, the property owner/developer shall pay a
non-refundable fee as defined in the City Electrical
Engineering Construction Standards and in accordance with
the Electric Rates, Rules and Regulations for the
installation of underground cables, splices, transformers,
residential services and related labor and material to
complete an Underground Residential Distribution System in a
developer -provided trench/conduit system. The fee and a
bond to secure installation will be paid to the City prior
to recordation of the large -lot or builder final tract or
parcel map, whichever occurs first.
101. That, for Tracts -Electrical Underground and Street Light
Systems, the property owner/developer shall provide and
install a City street light system as shown on the
Underground Residential Distribution System Drawings for
each tract or parcel map in accordance with the Electrical
Specifications for Street Light Systems. Street light
installation on private streets shall be installed in
accordance with the Public Works - Engineering Department's
Standard Detail No. 122 for private streets.
102. That, for Tracts -Electrical Underground and Street Light
Systems, the Underground Residential Distribution System,
Street Light System, and related improvements shall be
installed as development occurs. Bonding for the required
facilities shall be provided in accordance with the City
Electrical Engineering Construction Standards.
103. That, for Tracts -Electrical Underground and Street Light
Systems, during the preparation phases of improvement plans
(streets, sewer and water, storm drain, tract, precise
grading, etc.) the property owner/developer's engineer(s)
shall coordinate said improvements with the City of Anaheim
Electrical Engineering Division. The property
owner/developer's engineer(s) shall provide tract maps, and
precise grading plans with units plots, sewer and water,
storm drain and related information in a layered AUTOCAD
format in accordance with specifications on file with the
Electrical Engineering Division.
104. That to the extent the property owner/developer may qualify
for reimbursement from other benefitted properties, the
33
property owner/developer may petition the City Council to
establish a reimbursement agreement or benefit district to
include other areas of benefit for the construction and fees
for 69kV and 12kV underground line extensions, the
construction of underground communication systems and
dedication of a transmitter and receiver site, and other
improvements benefiting both developments. Costs associated
with the establishment of any such districts shall be at the
expense of the property owner/developer.
ENERGY CONSERVATION
105. That prior to issuance of building permits, all structures
shall comply with the California Energy Commission
conservation measures recommended for residential and
non-residential buildings and the standards outlined under
Title 24 of the California Administrative Code, as revised,
and adopted, by the California Energy Commission in 1991, to
become effective January 1, 1992, as hereinafter may be
amended.(4.12.1)
106. That the subdivision, architectural and landscaping design
plans for the project shall be designed to promote, to the
extent possible, opportunities for maximizing solar
exposure, shading and natural cooling (prevailing breezes),
and solar hot water heating either directly with system
installation or indirectly with provisions for accommodating
future retrofitting. Prior to approval of tentative tract
or parcel maps, Site Plans, or landscaping plans, the
applicable plans shall be submitted to the Electrical
Engineering Division for review and approval as to
conformance with this condition.
107. That the property owner/developer shall instruct its
architect, engineers and landscape designers to consult with
the City of Anaheim Energy Services Division to incorporate
measures into the project design for shifting electrical
loads to off-peak times, to provide state of the art energy
efficient heating and air conditioning, to establish
landscaping intended to reduce electrical and water
consumption, and other mitigating measures to offset
potential impacts to the City electrical system; and, prior
to the approval of Site Plans, tentative tract or parcel
maps, or landscape plans, proof of compliance with this
condition shall be submitted to the Zoning Division, in the
form of a memo from the Energy Services Division.
108. That prior to the issuance of building permits, the property
owner/developer shall demonstrate to the Chief Building
Official that the Southern California Gas Company, the
Public Utilities Department, Southern California Edison
34
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Company, and the City of Anaheim Building Division have been
consulted during the building design phases for the purposes
of including energy conservation methods to the extent
feasible. (That prior to the issuance of building permits,
the property owner/developer shall demonstrate to the
satisfaction of the Chief Building Official that the project
has incorporated, to the extent feasible, design
requirements that include landscaping for shade, using light
colored roof and building materials, and best available
control technology for energy use.] Methods to be reviewed
and incorporated, where feasible, include, but are not
limited to:
► Improved thermal integrity of buildings, and
reduced thermal load with automated time clocks or
occupant sensors.
► Installation of glazed windows, wall insulation,
and efficient ventilation methods; window systems
to reduce thermal gain and loss.
► Use of efficient heating and other appliances,
such as water heaters, cooking equipment,
refrigerators, furnaces and boiler units.
► Incorporation of appropriate solar design and
solar heaters.
► Use of fluorescent lamps for indoor lighting and
halogen lights for outdoor lighting.
► Use of waste heat in non-residential buildings.
► Installation of low- and medium -static pressure
terminals in air distribution systems.
► Cascading of ventilation air from high priority
(occupied spaces) areas to low priority
(corridors, equipment and mechanical spaces) areas
before being exhausted.
► Ensuring proper sealing of all facilities, where
applicable.
► Designing facility entrances with vestibules,
where possible.
► Installing individually controlled light switches
and thermostats to permit individual adjustments.
► Controlling mechanical systems or equipment with
time clocks or computer systems.
► Finishing exterior walls of buildings with light
colored materials to increase heat retention in
buildings.(4.12.2)(4.10.14)
STREET MAINTENANCE/SOLID WASTE
109. That prior to the approval of a large -lot tentative tract or
parcel map or builder tentative tract or parcel map,
whichever occurs first, for Commercial Development Areas 22,
23, 24, or 25 in Phase I of the project (as shown on Exhibit
35
A
28 of the Specific Plan document), the property
owner/developer shall select a site for a City Maintenance
Facility, to be approved by the Director of Maintenance. The
site shall be five acres of unencumbered, usable land
provided at no cost to the City. Furthermore, prior to any
of the approvals listed above, the property owner/developer,
shall enter into an agreement with the Department of
Maintenance to provide a proportionate share of the cost to
secure and grade level the site and develop the City
Maintenance Facility on the site. Site improvements shall
include paving, fuel islands, security fencing, lighting,
block storage bins, equipment washdown facility, storage
building office, shops and fleet repair facility. The site
shall include a street sweeping transfer station which
includes a roofed washdown area on a concrete slab.
Development and building costs shall not exceed $2.7 million
based on 1991 dollars, subject to adjustment only in
accordance with the Engineering News Record Construction
Cost Index for the facility and the Consumer Price Index for
equipment. The land value shall not be included as part of
the $2.7 million cost. The cost for construction of
facilities needed on the site shall be shared with the
proposed Cypress Canyon Development on an equitable basis;
however, if the Cypress Canyon project area is not
annexed to the City of Anaheim and constructed with uses
requiring the service of the maintenance facility site, the
Mountain Park property owner/developer shall be responsible
for securing, grading and constructing the maintenance
facility site. The Mountain Park property owner/developer
may petition the City Council to establish a reimbursement
agreement or benefit district to include other
unincorporated properties within Anaheim's
sphere -of -influence which may benefit from this facility.
Costs associated with the establishment of any such
districts shall be at the expense of the property
owner/developer. Written proof of said agreement shall be
furnished to the Planning Department and the Maintenance
Department and shall be subject to approval by the
Department of Maintenance and the City Attorney's Office.
110. That prior to the approval of the first large -lot or builder
final tract or parcel map adjacent to the approved
maintenance facility site, whichever occurs first, the
property owner/developer shall provide an irrevocable offer
of dedication in fee title of the approved maintenance
facility site.
111. That prior to final building and zoning inspections, "No
parking for street sweeping" signs shall be installed as
required by the Street Maintenance and Sanitation Division
36
and in accordance with specifications on file with said
division.
112. That prior to recordation of each final tract or parcel map,
the property owner/developer shall record a covenant in a
form approved by the City Attorney requiring the seller to
provide purchaser and/or renter of each dwelling unit with
written information concerning Anaheim Municipal Code
Section 14.32.500, "Parking Restricted to Facilitate Street
Sweeping." Such written information shall clearly indicate
when on -street parking is prohibited and the penalty for
violation.
113. That trash storage areas shall be provided and maintained in
a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans on
file with said division. If garages are intended to be used
to store trash containers, then the garage area shall be
larger than 20' x 20' to accommodate two cars and the trash
containers. Such information shall be specifically shown on
the plans submitted to the Planning Commission for Site Plan
approval and for building permits. Upon occupancy, trash
storage areas shall comply with City Codes for the screening
of trash receptacle areas and access for trash pickup.
114. That prior to the approval of any Site Plans, a Solid Waste
Management Plan with recycling capabilities shall be
approved by the Director of Maintenance. Refuse collection
and disposal for the Mountain Park Development will comply
with AB 939, the County of Orange Integrated Waste
Management Plan and the City of Anaheim Integrated Waste
Management Plan, administered by the City Department of
Maintenance. Upon occupancy of the project, implementation
of said plans shall commence and shall remain in full effect
as required by the Maintenance Division.(4.13.11)
SEWERS
115. That prior to approval of the first large -lot or builder
final tract or parcel map or mass grading plan, whichever
occurs first, the property owner/developer shall submit a
Master Sewer Improvement Plan to the City Engineer for
review and approval. The plan shall include:
a. Sewer layout
b. Sewer size, including supporting calculations
C. Sewer construction phasing
37
d. Mitigation Measure Compliance Report indicating
compliance with mitigation measures set forth in FEIR
No. 302
116.*That prior to approval of each large -lot or builder
final tract or parcel map, whichever occurs first, the
developer shall pay the appropriate sewer assessment fee as
established by City Council Resolution.(4.13.15)
117. That prior to approval of each large -lot or builder final
tract or parcel map, whichever occurs first, the property
owner/developer shall submit plans, including sizing
requirements, for the sanitary sewer systems within the
tract or parcel map boundaries for review and approval by
the City Engineer. The sewer system for the project shall
be funded, constructed and maintained in accordance with the
requirements of the Public Works -Engineering Department.
118. That the property owner/developer shall be financially
responsible for the following sanitary sewer -related items:
(a) The acquisition of any required permits, rights-of-way
and environmental assessments;
(b) The design and construction of all required sewers and
related facilities as part of the improvements
for each tract or parcel map, as approved by the City
Engineer; and
(c) The formation of a Special Maintenance District, or
other financial mechanism acceptable to and approved by
the City of Anaheim, for maintenance of any lift
station, force main and sewer lines in private streets
which shall be established at the expense of the
property owner/developer.
119. That prior to issuance of each building permit, the property
owner/developer shall pay fees for sewer service to the
Orange County Sanitation District.(4.13.15)
HABITAT ENHANCEMENT
120. That prior to approval of the first large -lot tentative
tract or parcel map, the property owner/developer shall
submit a program to the Planning Commission for review and
approval to provide for the phased dedication of all of Open
Space Areas 31 and 32 (totalling 1,297 acres) within Gypsum
Canyon, the off-site 1,414 acre Weir Canyon open space
dedication area and the off-site 82 -acre Windy Ridge
dedication area for habitat preservation purposes and
educational/passive recreational uses consistent with
38
habitat conservation. The dedication program will take into
account the environmental considerations of the Eastern
Transportation Corridor. The property owner/developer shall
be responsible for maintaining these open space areas which
are proposed to be dedicated until the areas are actually
conveyed to a public agency or non-profit entity.
(4.1.3)(4.1.4)(4.4.1a)(4.4.1.b)(4.4.1.c)(4.4.1.d)
121. Prior to the recordation of an offer of dedication for any
portion of Open Space Area 31 and the 82 -acre Windy Ridge
Area, the property owner/developer shall submit a Resource
Management Plan for Open Space Area 31 and the 82 -acre Windy
Ridge Area to the Planning Department and Parks, Recreation
and Community Services Department for review and approval.
The property owner/developer shall pay for all costs (time
and materials at a rate established by City Council
Resolution) associated with the City's review and monitoring
of any requirements imposed as a result of the Resource
Management Plan for the project and adjacent areas. The
Resource Management Program shall be prepared in accordance
with the mitigation measures identified in FEIR No. 302,
including a Mitigation Measure Compliance Report showing
compliance with said mitigation measures, and may be
prepared in association with resource management programs
for the adjoining Coal Canyon Tecate Cypress preservation
area. (4.4.1.e) (4.4.3.1)
122. That prior to the issuance of the first mass grading permit,
the property/owner developer shall submit proof satisfactory
to the Planning Director in the form of a letter that
grazing activities have ceased on-site and in the Weir
Canyon Open Space area.(4.4.2.a)
123. That prior to issuance of grading permits for areas
including coastal sage scrub, the property owner/developer
shall submit to the Planning and Public Works -Engineering
Departments for review and approval, a coastal sage scrub
revegetation program consisting of a one time planting
and/or reseeding of graded slopes within the project grading
area which are adjacent to preserved Open Space Area 31.
The revegetation program will be prepared by a qualified
professional experienced in revegetation of native plant
communities. Copies of the revegetation plans shall be
provided to groups and agencies that commented on biology
issues in the FEIR at the same time as provided to the City.
The groups shall have 30 days to review the revegetation
plans and comment to the City prior to City approval. The
coastal sage scrub revegetation program shall be prepared in
compliance with mitigation measures identified in FEIR No.
302 and listed as part of this condition and a Mitigation
Monitoring Report showing compliance with said mitigation
OR
Y
measures shall be included as part of the program.
(4.4.2.b)
124. That prior to issuance of the first grading permit, a
coastal sage scrub enhancement program shall be submitted
for review and approval by the Planning Department. The
enhancement program shall be prepared by a qualified
professional experienced in enhancement of native plant
communities. The program shall be prepared in compliance
with mitigation measures identified in FEIR No. 302 and
listed as part of this condition and a Mitigation Measure
Compliance Report shall be included as part of the program.
(4.4.2.c)
125. That prior to issuance of the first grading permit, an Oak
Woodland Habitat Enhancement and Long -Term Regeneration Plan
to be implemented within the Weir Canyon Dedication Area
shall be submitted to the Planning Department for review and
approval. The plan shall be prepared in compliance with
mitigation measures identified in FEIR No. 302 and listed as
part of this condition and a Mitigation Measure Compliance
Report shall be included as part of the plan. The
revegetationplans will be prepared by a qualified
professional experienced in revegetation of native plant
communities. Copies of the plans shall be provided to
groups and agencies that commented on biology issues in the
FEIR at the same time as provided to the City. The groups
shall have 30 days to review the revegetation plans and
comment to the City prior to City approval.(4.4.2.d)
126. That prior to the issuance of grading permits affecting
wetlands, all permits/agreements shall be obtained,
consistent with the Clean Water Act Section 404 and Fish and
Game Code Section 1601 and 1603 provisions.(4.4.2.e)
127. That prior to issuance of grading permits, the property
owner/developer shall submit a report by a qualified
botanist indicating whether many -stemmed dudleya are located
within the boundaries of the grading plan. If many -stemmed
dudleya are present, the property owner/developer shall
implement a one-time relocation program for all identified
many -stemmed dudleya populations within the limits of
grading. The program shall be submitted to the Planning
Department for review and approval and shall be established
in compliance with all applicable mitigation measures
identified in EIR No. 302 and shall include a Mitigation
Compliance Report. The one-time relocation shall be
conducted by a qualified botanist familiar with successful
techniques for relocation of this species. Impacted
populations of many -stemmed dudleya will be relocated to
suitable areas through a program of seed propagation and/or
40
x
corm relocation. Evidence that the relocation program has
been implemented must be submitted to the Planning
Department within 30 days of completion of the relocation
work. (The property owner/developer shall be financially
responsible for preparation of a monitoring report showing
the results of the program. The report shall be prepared by
a qualified botanist familiar with successful techniques for
relocation of the species and shall be submitted to the City
on an annual basis for three years.](4.4.2.f)
128. That prior to the submittal of large -lot or builder
tentative tract or parcel maps or grading plans, whichever
occurs first, the property owner/developer shall submit a
report prepared by a qualified bat expert indicating whether
any bats are located within the boundaries of the
subdivision map or grading plan. Prior to submittal of the
first tentative tract or parcel map or grading plan,
whichever occurs first, in areas where bats are located,
additional bat studies shall be conducted by qualified bat
experts and submitted for review and approval by the
Planning Department in compliance with mitigation measures
identified in EIR No. 302 and listed as part of this
condition.(4.4.2i)
129. That a qualified biological monitor shall be present at any
pre -grade conference, during any mass grading operations
that are in or adjacent to areas where natural vegetation is
to be preserved, and periodically during construction, to
ensure that sensitive resources designated for preservation
are properly protected. Proof in the form of a letter shall
be submitted to the Planning Department on a monthly basis
to indicate compliance with this mitigation measure.
(4.4.3.a)
130. That prior to issuance of grading permits, grading plans
shall be submitted to the Planning Department for review to
ensure that removal of native vegetation in designated open
space areas will be limited to the minimum required for
construction.(4.4.3.b)
131. That prior to issuance of grading permits within or adjacent
to Open Space Area 31, storage, staging and access routes
for any equipment in or adjacent to Open Space Area 31 shall
be selected in consultation with a qualified biological
monitor and the Public Works -Engineering and Planning
Departments.(4.4.3.c)
132. That during construction, natural habitats designated for
preservation that are adjacent to grading areas shall be
temporarily fenced off or otherwise protected, to prevent
grading, or storage of heavy equipment or building materials
41
i
in these habitats. Proof in the form of a letter, pictures
and location map of the site shall be submitted to the
Public Works -Engineering Department. The on-site
engineering inspector shall periodically verify compliance
with this condition.(4.4.3.d)
133. That construction or entry in designated preservation areas
shall be prohibited except for necessary construction
related activities, such as surveying. (4.4.3.e)
134. That during the nesting/breeding season (February through
July), the on-site biological monitor shall report to the
City and the developer any nesting by birds protected by the
Migratory Bird Treaty Act, that is observed in areas to be
cleared. Removal of observed nests shall only be done in
compliance with the Federal Migratory Bird Treaty Act.
(4.4.3.8)
135. That where cut and fill slopes encroach on wetland habitats
in the remedial grading areas, the slope angles should be
designed to be as steep as feasible to minimize lateral
encroachment. Plans showing slope angles for affected areas
shall be submitted to the Public Works Engineering
Department for review and approval prior to issuance of
grading permits.(4.4.3.h)
136. That hazardous materials on the project site shall be
controlled during construction. All hazardous materials,
including engine fluids, shall be disposed of properly. The
property owner/developer shall immediately notify the Fire
Department of any spills of hazardous materials and shall
have such spills promptly and completely cleaned up. City
inspectors shall periodically check for compliance with this
condition.(4.4.3.i)
137. That prior to the approval of Site Plans adjacent or in the
vicinity of open space areas, plans shall be submitted to
show the location of all on-site lighting fixtures. To the
extent feasible, all street, security and landscape lighting
shall be designed and installed such that it is not directed
primarily to any natural open space areas. Restrictions for
privately installed lighting adjacent to open space areas
shall be included in any CC&Rs.(4.4.3.k)
138. That first time homebuyers shall be clearly advised in
writing with a statement by the developer, or agents and
assigns, of the implications of living adjacent to natural
open space areas prior to any sales transaction. This
statement shall include items such as: a warning about the
dangers and nuisances posed by wildlife that may forage in
the development edge; the responsibilities and benefits
42
which are associated with living near such an area; fire
related management and the potential need to conduct
controlled burns. This statement shall be written to foster
an appreciation of wildlife and to identify measures which
shall be taken to minimize conflicts between wildlife,
domestic animals and humans. The statement shall be
reviewed and approved by the Planning Director prior to the
issuance of building permits.(4.4.3.m)
PARKS
139. That prior to approval of large -lot tentative tract or
parcel maps for each of Development Areas 4, 19 and 20, park
acreage and boundaries shall be established and approved by
the Anaheim Parks, Recreation and Community Services
Department ("APRCSD").(4.13.5)
140. That prior to or concurrent with recordation of the final
large -lot tract or parcel map whichever occurs first, for
each of Development Areas 4, 19 and 20, the property
owner/developer shall comply with the City's park dedication
ordinance to the satisfaction of APRCSD.(4.13.6)
141. That satisfaction of the park ordinance will be met by the
dedication and development of three (3) neighborhood and two
(2) community parks as specified in the Specific Plan with
vehicular and pedestrian access to each park approved by
APRCSD and the Traffic Engineering Division. At least 50%
of each park boundary shall have direct street frontage
unless otherwise approved by APRCSD.
142. That the Specific Plan sets forth the riding and hiking
trail alignments. Any variation from that plan shall
require approval of APRCSD. Prior to the approval of each
large -lot or builder tentative tract or parcel map,
whichever occurs first, equestrian and hiking trails within
that tract or parcel map shall be shown to the satisfaction
of APRCSD. Prior to the approval of each final large -lot or
builder tract or parcel map, whichever occurs first, the
property owner/developer shall submit the final alignment of
the equestrian and hiking trail(s) within that tract or
parcel map to the APRCSD for final review and approval. The
property owner/developer shall dedicate and construct the
trails (including trail access points, signage, furnishings
and other related features) in accordance with Specific Plan
and/or City standards. Prior to approval of the final
large -lot or builder tract or parcel map, whichever occurs
first, bonds shall be posted for trail improvements as part
of in -tract improvements.
43
143. That all park sites shall be developed in accordance with
APRCSD standards, the Specific Plan and the City's Park
Dedication Ordinance (including local park site criteria),
and will be subject to APRCSD approval.
144. That specific facilities for each park and park type will be
determined through the park master plan processes conducted
by the Parks, Recreation and Community Services Department.
145. That prior to the approval of the first large -lot tentative
tract or parcel map, whichever occurs first, in the project,
the property owner/developer shall irrevocably offer for
dedication to the City the Center Hill Park (Area 30). In
accordance with Condition No. 156, the property
owner/developer shall develop the Center Hill in accordance
with a master plan for the facility as developed by the
property owner/developer and approved by APRCSD and Police
and Fire Departments. The Master Plan shall address, at a
minimum, all weather maintenance roads, landscaping
enhancements and trails. Prior to City acceptance of the
Center Hill Park (Open Space Area 30), the property
owner/developer shall establish a financial mechanism
acceptable to the City to provide for the maintenance of
said park. Subject to Planning Department approval, the
irrevocable offers of dedication will take into account the
environmental consideration of the Eastern Transportation
Corridor. Any modification in the timing of dedication
shall be subject to the approval of the City Council.
146. That the property owner/developer's responsibility for all
park development shall also include all utility connections,
fees, permits and charges, all consultant and project
inspection costs and any incidental costs relating to the
development of the park improvements in accordance with all
City requirements.
147. That the Parks, Recreation and Community Services Department
shall have approval over the following:
(a) Approval of Landscape Architect and other consultants
used to design the park and prepare the construction
documents;
(b) Approval of Master Plan, schematic plans, preliminary
plans and final plans, specifications, cost estimates
-- and other construction documents; and,
(c) Approval of all project materials and products used in
constructing the park and the right of inspection by
City staff at property owner/developer's cost.
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148. That the property owner/developer shall also provide the
consultant(s) who prepared construction documents for
construction observation to ensure the project is
constructed as intended.
149. That no portion of the Four Corners Pipeline Easement shall
be located under any park acreage.
150. That other than Open Space Area 30, the dedicated park sites
shall be graded flat with an average slope of 2%, and no
slopes greater than 5% will be contained on the sites or be
accepted for City maintenance. Variation from these
standards may be approved by the APRCSD based on grading,
aesthetics, drainage and the City -approved Park Site Master
Plans.
151. That prior to approval of the first large -lot or builder
tentative tract or parcel map, whichever occurs first, a
financial mechanism acceptable to the City shall be
established to provide for the maintenance of all project
riding and hiking trails.
152. All dedicated properties shall be free of encumbrances or
easements unless otherwise acceptable to the APRCSD. Before
the dedication of any park is accepted by the City, a Title
Report for that park must be provided to and approved by the
City.
153. That prior to the approval of the large -lot or builder final
tract or parcel maps, whichever occurs first, where the
facilities are located, the park and trail obligations of
the property owner/developer shall be secured by performance
bonds, letters of credit or another form of security in an
amount and form approved by the APRCSD.
154. That the property owner/developer shall construct a 10,000
square -foot community center (including building, parking,
landscaping, exterior lighting, patios, and building
furnishings) at a cost not to exceed $1.83 million in 1991
dollars within the Development Area 10 park. An escalator
clause consistent with the Construction Price Index shall
increase the value of the 1991 figure until the actual
construction project is awarded. If the Cypress Canyon
project proceeds, and is so conditioned, it may participate
on a fair share basis in the additional (1.4 -acre minimum)
land and construction cost of the 10,000 square foot
facility. The improvement shall be secured by a performance
bond, letter of credit, or other form of security approved
by APRCSD prior to the approval of the first large -lot or
builder tentative tract or parcel map, whichever occurs
first.
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155. That the property owner/developer shall provide $100,000,
secured by a performance bond, letter of credit, or other
form of security in a form approved by the City prior to the
approval of the first large -lot or builder tentative tract
or parcel map, whichever occurs first, towards the
construction of a new community center in Anaheim's existing
Hill and Canyon Area or, if determined by APRCSD with
community input to be more beneficial, the community center
in Mountain Park. If used for the Mountain Park community
center, these funds shall be in addition to that required by
Condition No. 154. If the funds are not used for the
Mountain Park community center, then the funds will be made
available to the City at the time the construction contract
is let by the City for the designated facility. The City
shall provide a demand letter at the start of construction
of the designated facility at which point the property
owner/developer shall issue funds to pay the first $100,000
of invoices as they are received.
156. Prior to the approval of Development Area Plans for
Development Areas 4, 19 and 20, the location and boundaries
of park sites shall be identified. Said parks shall be
subject to the review and approval of APRCSD. Prior to the
approval of the first large -lot or builder final tract or
parcel map in the Development Area, whichever occurs first,
park sites shall be irrevocably offered for dedication to
the City of Anaheim. The timing and construction of the
park facilities shall be determined through a separate
written agreement developed between APRCSD and the property
owner/developer prior to the approval of the first large -lot
tentative tract or parcel map, whichever occurs first. It
will be the intent of the agreement to insure that each park
facility is completed when 50% of the certificates of
occupancy are issued for the residential development service
area in which each park facility is located, unless
otherwise approved in writing by APRCSD and the property
owner/developer.
157. That the written agreement shall also specify that at the
beginning of the master plan process, APRCSD and the
property owner/developer shall agree on a budget for park
construction which will be consistent with the amount of
park development costs as stated in the City's Park
Dedication Ordinance in effect at the time and with other
comparable parks within the City. The property
owner/developer shall construct the parks based upon the
master plan for each park, as approved by the City's Park
and Recreation Commission.
158. That inasmuch as the City intends to coordinate with OUSD
the use of a portion of the high school play fields for
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community recreation uses, and has included the OUSD site as
a portion of the open space/recreational area serving the
community, and inasmuch as the high school site is zoned for
public school and park purposes, that if the high school
site is not developed, then for a period of one year from
the date that the City is notified in writing by the
property owner/developer that OUSD does not intend to
develop the high school site, in addition to any rights the
City may otherwise have to acquire the property, the City
shall have first right of refusal to acquire a minimum flat
ten (10) acre portion of the high school site to add to the
development of the proposed community park. That prior to
approval of the first large -lot or builder tentative tract
or parcel map within each phase or within 30 days of being
notified by OUSD, whichever occurs first, the property
owner/developer shall notify APRCSD whether OUSD intends to
develop a high school site in the currently designated
location.
POLICE
159. That pursuant to Resolution No. 89-234 adopting the Police
Protection Facilities Plan for the East Santa Ana Canyon
Area of Benefit, as may hereinafter be amended, the property
owner/developer will participate in the funding of the
construction of the proposed Dream Street Police Substation.
Unless a Development Agreement specifies otherwise, fees
shall be paid prior to the approval of each final tract or
parcel map or prior to issuance of a building permit where
no subdivision is involved.(4.13.7)
160. That prior to the approval of the first large -lot or builder
tentative tract or parcel map, whichever occurs first, the
property owner/developer shall enter into an agreement with
the Police Department agreeing to pay fees for a total 7,966
dwelling units and 179 commercial acres in accordance with
the Police Protection Facilities Plan for the East Santa Ana
Canyon Area of Benefit in order to ensure that full payment
is made to the City in this regard. Written proof of the
Police Substation Agreement shall be furnished to the
Planning and Police Departments and shall be subject to the
approval by the Police Department and the City Attorney's
Office.
LIBRARY
161. That pursuant to Resolution No. 89R-235 adopting the Public
Library Facilities Plan for the East Santa Ana Canyon area,
as may hereinafter be amended, the property owner/developer
will participate in the funding of the construction of the
proposed library facility in the East Hills Planned
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Community. Unless a Development Agreement specifies
otherwise, fees shall be paid prior to approval of any final
tract or parcel map, or prior to issuance of a building
permit where no subdivision is involved.(4.13.10)
162. That prior to the approval of the first large -lot or builder
tentative tract or parcel map, whichever occurs first, the
property owner/developer shall enter into an agreement with
the Library Department agreeing to pay fees for a total
7,966 dwelling units in accordance with the Public Library
Facilities Plan for the East Santa Ana Canyon area in order
to ensure that full payment is made to the City in this
regard. Written proof of the Library Agreement shall be
furnished to the Planning and Library Departments and shall
be subject to the approval by the Library Department and the
City Attorney's Office.
SCHOOLS
163. That prior to the approval of the first large -lot or builder
tentative tract or parcel map, whichever occurs first, in
each phase, the property owner/developer shall provide the
Planning Department with adequate proof that the property
owner/developer has complied with the provisions of the
Memorandum of Understanding dated April 25, 1991, between
the Irvine Company and the Orange Unified School District or
any subsequent agreement entered into between the property
owner/developer and the Orange Unified School District.
164. That in connection with the approval of large -lot or builder
tentative tract or parcel maps, whichever occurs first, for
a Development Area which contains a school site, school
sites shall be identified. Further, until such time as OUSD
acquires the school site, the property owner/developer shall
be responsible for maintenance of the site, including
installation and maintenance of a landscaped buffer area
along the boundaries of the site abutting any roadway.
Plans for said landscaped areas shall be reviewed and
approved by the Planning Commission and shall be prepared
and processed in accordance with Condition No. 61 under the
"LANDSCAPING" section herein.
165. That prior to issuance of each building permit, the property
owner/developer shall pay fees or provide other mechanisms
acceptable to OUSD for acquisition and construction of
proposed school sites consistent with State law to the
Orange Unified School District.(4.13.16)
166. That the Orange Unified School District shall be encouraged
to consider the following criteria to reduce vehicular
emissions during final design of the high school:
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preferential parking for HOVs; park and ride lots; and
pedestrian, bicycle and bus access. Parking lot fees shall
also be considered by the District prior to opening the lots
for operation.(4.10.12)
167. That the Orange Unified School District shall be encouraged
to coordinate with the City Traffic and Transportation
Division to assure that pedestrian access follows the "safe
route to school" standard and that adequate ingress and
egress is provided at all school site entrances to
discourage vehicle idling at curbsides.(4.10.13)
FIRE
168.*That prior to commencement of structural framing on each
parcel or lot, on-site fire hydrants shall be installed and
charged as required and approved by the Fire Department.
Specific information on the design and implementation of the
required hydrant system network may be obtained from the
Fire Department.
169.*That prior to issuance of building permits, all
requirements of Fire Zone 4, otherwise identified as Fire
Administrative Order No. 76-01, shall be met. Such
requirements include, but are not limited to: chimney spark
arrestors, protected attic and under floor openings, Class C
or better roofing material and one hour fire resistive
construction of horizontal surfaces if located within two
hundred (200) feet of adjacent brushland.
170.*That all lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as required
and approved by the Fire Department.
171.*That fire sprinklers shall be installed as required by
the Fire Department. All structures regardless of occupancy
classification are required to be fire sprinklered
(Ordinance No. 4999).
172.*That where required and approved by the Fire Department,
adequate, unobstructed fire truck turn -around areas, shall
be specifically shown on plans submitted for building
permits. Said turn -around areas shall be permanently marked
and maintained to the satisfaction of the Fire Department.
All fire accessways, including public streets in excess of
150 feet, must be provided with unobstructed fire truck
turn -a -round areas.
173. That a Class I standpipe shall be installed as required by
the Fire Department for all buildings in excess of three
stories as defined by the Uniform Building Code.
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174. That a local fire alarm system shall be installed for
commercial buildings as required by the Uniform Building and
Fire Codes. Manual alarm pulls may be omitted from
residential buildings only.
175. That prior to the approval of on-site water plans, unless
each commercial building is initially connected to separate
fire services, an unsubordinated covenant satisfactory to
the City Attorney's Office shall be recorded prohibiting any
individual sale of buildings until separate fire services
are installed.
176. That prior to the approval of each tentative tract or parcel
map, the property owner/developer shall submit a fire access
plan to the Fire Department for review and approval to
ensure that service to the tract or parcel map from Fire
Station No. 10 is in accordance with Fire Department service
requirements or that the appropriate temporary or permanent
fire service facilities are in place to service the site.
Said plan shall include detailed design plans for
accessibility of emergency fire equipment, fire hydrant
location and any other construction features required by the
Fire Marshal. The property owner/developer shall be
responsible for securing temporary or permanent facilities
acceptable to the Fire Department. Unless required at an
earlier time by the Fire Department, the property
owner/developer shall provide temporary fire facilities
on-site prior to the issuance of the first building permit
for Phase II. (4.13.9)
177. That prior to the approval of water improvement plans, the
water supply system shall be designed to provide sufficient
fire flow pressure and storage in accordance with Fire
Department requirements.
178.*That prior to the placement of building materials on the
building site, an all weather driving surface must be
provided from the roadway system to and on the construction
site. Every building constructed must be accessible to Fire
Department apparatus. The width and radius of the driving
surface must meet the requirements of Section 10.207(a) of
the Uniform Fire Code as adopted by the City of Anaheim.
179. That prior to the approval of the first large -lot tentative
tract or parcel map or builder tentative tract or parcel
map, whichever occurs first, in Phase I of the project (as
shown on Exhibit 28 of the Specific Plan document), the
property owner/developer shall enter into an agreement with
the Fire Department to pay fees or otherwise provide a
proportionate share of the cost to secure, grade, and
construct a new fire station facility in the project
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vicinity. Unless required by the Fire Department at an
earlier time, the permanent fire station site shall be
identified either on-site or off-site in the Cypress Canyon
development and approved by the Fire Department prior to the
issuance of the first building permit in Phase II of the
Mountain Park development and constructed prior to the
completion of Phase II or issuance of the first building
permit in Phase III, whichever occurs first, or as otherwise
required earlier by the Fire Department. In addition,
A. The property owner/developer shall also be responsible
for paying fees or otherwise providing a proportionate
share of the purchase cost of all fire apparatus, fully
equipped to the City's specifications, to adequately
serve the project site, as determined by the Fire
Department.
B. The site shall be one acre of unencumbered, usable land
provided at no cost to the City. The cost for
provision of the site and apparatus and construction of
facilities needed on the site shall be shared with the
proposed Cypress Canyon Development on an equitable
basis.
C. The site is currently proposed within the Cypress
Canyon development; however, if the Cypress Canyon
project area is not annexed to the City of Anaheim and
constructed with uses requiring the service of the fire
station site, or if the Fire Department determines that
the fire station site is needed to serve the Mountain
Park development prior to the commencement of the
Cypress Canyon project, the Mountain Park property
owner/developer shall be responsible for securing,
grading, constructing and providing for an on-site fire
station site acceptable to the Fire Department. The
Mountain Park property owner/developer may petition the
City Council to establish a reimbursement agreement or
benefit district to include other areas of benefit.
Costs associated with the establishment of any such
districts shall be at the expense of the property
owner/developer.
D. written proof of the Fire Station Agreement shall be
furnished to the Planning Department and the Fire
Department and shall be subject to approval by the Fire
Department and the City Attorney's Office.(4.13.8)
AESTHETIC/VISUAL
180. That prior to approval of the first large -lot tentative
tract or parcel map for Development Areas 1, 4, 22, 25 and
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27, the property owner/developer shall prepare a
coordinated/comprehensive visual impact assessment which
presents the information as applicable to the project on
page A-13-1 (Appendix B of the EIR) of the County
Transportation Element. This information shall also
indicate how the Landscape Program of the Mountain Park
Specific Plan for the Commercial Areas and Freeway Buffer
Zone is used to visually enhance the SR -91 Freeway and shall
include, at a minimum, renderings from two off-site vantages
set along the SR -91 Freeway (i.e., both east and west of the
project site). This assessment shall be submitted to the
County of Orange and Caltrans for a 30 -day comment period
and shall be subject to the review and approval by the City
of Anaheim Planning Director.(4.8.3)
AIR QUALITY
181. That all construction equipment will be maintained in good
operating condition so as to reduce operational emissions.
The property owner/developer shall submit to the Public
Works - Engineering Department proof in the form of a
letter, on a bi-annual basis, indicating that all
construction equipment is being properly serviced and
maintained.(4.10.2)
182. That prior to issuance of a grading permit, the property
owner/developer shall submit a construction traffic plan to
the City Traffic and Transportation Manager for approval
which demonstrates that short-term traffic congestion
related to construction is reduced to the maximum extent
feasible. (4.10.3)
183. That the property owner/developer shall incorporate low
emission paints and coatings in the design and construction
of all buildings. Prior to issuance of building permits,
the property owner/developer shall submit evidence to the
Chief Building Official that these materials are utilized in
the project design, where feasible. This information shall
be denoted on the project plans and specifications.
(4.10.4)
184. That the property owner/developer will make available to the
Orange County Transportation Authority (OCTA) up to two (2)
acres for a park and ride facility in any one of the
following: Development Areas 1, 22, 23, 24 or 25. The size
of the park and ride facility will be based upon projected
usage. The facility site will be identified in conjunction
with the first site plan for Development Areas 1, 22, 23, 24
or 25. The facility site will be made available to the OCTA
in conjunction with the first building permit for the
development area in which the site is located with the
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provision that the OCTA acquire the site and construct the
park and ride facility within five (5) years. Any
alternative use of the site shall be subject to the review
and approval of the Planning Commission in accordance with
the provisions of the Specific Plan.(4.10.6)
185. That the property owner/developer shall encourage future
residents of Mountain Park to utilize public transportation,
to participate in car and vanpools, and to utilize
telecommuting by providing information on public
transportation, carpool formation assistance, and other trip
reduction methods in homeowners packets provided to all new
home purchasers and renters. The packet will include a
telephone number which provides access to a trained
Transportation Coordinator to provide individual assistance.
This information shall be provided to the City Traffic and
Transportation Manager for review and approval prior to
issuance of the first certificate of occupancy.(4.10.7)
186. That prior to issuance of the first certificate of occupancy
in commercial development areas, the property
owner/developer shall enter into an agreement with the
Public Works -Engineering Department to provide
transportation management coordination assistance to
employers and employees within the Commercial Development
areas. This assistance shall include help in forming a
Transportation Management Association (TMA) of local
employers. The timing for implementing this condition shall
be set forth in the agreement. The property owner/developer
shall provide quarterly reports to the Traffic and
Transportation Manager and the Planning Director regarding
the status of implementation of the TMA. Written proof of
this agreement shall be furnished to the Public
Works -Engineering and Planning Departments and shall be
subject to the approval of the Public Works -Engineering
Department and the City Attorney's Office.(4.10.8)
187. That prior to approval of the first large -lot or builder
final tract or parcel map, whichever occurs first, the
property owner/developer shall prepare a coordinated study
to examine methods of implementing a Transportation Systems
Management program in accordance with the City of Anaheim's
Transportation Demand Ordinance No. 5209 and Resolution No.
91-R-89, with specific guidelines indicating strategies to
reduce the amount of trips and increase the amount of
non -vehicular transportation. Strategies may include
transit service, park and ride turnouts, carpool and vanpool
facilities, bikeways, and other transportation demand
strategies applicable to the development site. Prior to
approval of the first large -lot or builder final tract or
parcel map, whichever occurs first, for each phase, the
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property owner/developer shall prepare site plans and
improvement plans which incorporate transit improvements,
such as bus turn -out pockets, passenger waiting areas and
pedestrian accessways, to encourage transit usage, to the
satisfaction of the City Traffic Engineering Division. In
preparing such plans, the applicant shall demonstrate
compliance with Orange County Transit District (OCTD)
standards and demonstrate that OCTD has provided input into
plan formulation.(4.10.5) (4.10.9)
188. That prior to approval of each large -lot or builder
tentative tract or parcel map, whichever occurs first, the
property owner/developer shall demonstrate to the Public
Works -Engineering and Planning Departments compliance with a
City Air Quality Element, if one has been adopted at the
time of the filing of said map. (4.10.10)
189. That all equipment within the project site that is regulated
by the SCAQMD will comply with all requirements of the
District, including use of Best Available Control
Technology. All future occupants who require District
permits will provide documentation to the City of compliance
with District regulations prior to issuance of building
and/or occupancy permits. Prior to submittal of any
conditional use permit for the sand and gravel operation,
proof shall be provided to the Planning Department that the
SCAQMD has reviewed the expansion plans and that said plans
comply with all requirements of the District, including use
of Best Available Control Technology.(4.10.15)
NOISE
190. That no outdoor living areas will be subjected to CNEL
levels greater than 65 dBA. Appropriate mitigation (i.e.,
setbacks, walls, and/or berming) will be implemented as
necessary (including potential mitigation for noise impacts
resulting from operation of the sand and gravel facility) to
meet this requirement. A preliminary noise study which
delineates specific setbacks, walls, and/or berming if
required, to adequately mitigate outdoor living areas shall
be submitted to the Planning Department for review and
approval prior to approval of tentative tract or parcel maps
for single-family detached and paired homes and prior to
approval of Site Plans for single-family attached and
multifamily homes.(4.11.2)
191. That a preliminary noise study which delineates building
design specifications for appropriate outdoor to indoor
noise attenuation (to a level less than or equal to 45 CNEL)
shall be submitted to the Planning Department prior to
review and approval of tentative tract or parcel maps for
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single-family detached and paired homes and prior to
approval of Site Plans for single-family attached and
multifamily homes.(4.11.3)
192.*That prior to issuance of building permits, the
property owner/developer shall present evidence satisfactory
to the Building Division that each portion of the proposed
project is in conformance with Council Policy Number 542,
"Sound Attenuation in Residential Projects" and with Noise
Insulation Standards specified in the California
Administrative Code, Title 25.(4.11.4)
193. That construction activities shall be limited to normal
daytime hours in accordance with the City of Anaheim Noise
Ordinance. All construction equipment shall be equipped
with properly operating and maintained mufflers. In order
to control construction noise impacts, the contractor(s) of
the area under construction shall comply with the City of
Anaheim Noise Ordinances in effect at the time of
construction.(4.11.1)
TRAFFIC/STREET IMPROVEMENTS
194. That prior to approval of the first large -lot or builder
tentative tract map or parcel map for each phase or the mass
grading plan for the phase (whichever occurs first), the
property owner/developer shall submit a circulation plan,
including a construction access plan, for the phase. The
plan shall be reviewed and approved by the Deputy City
Engineer, the Traffic and Transportation Manager and the
Fire Marshal. The plan shall also be submitted for review
and comment by Caltrans for the portion of the plan
involving Caltrans facilities. The plan shall include the
following items:
a. Phasing of roadway construction, specifying which roads
will be constructed as backbone streets and which roads
will be constructed with tract development;
b. Phasing of traffic signalization; and
C. Transportation demand management program.(4.9.5)
195. That in connection with the submittal of each large -lot or
builder tentative tract or parcel map, whichever occurs
first, the property owner/developer shall submit a traffic
phasing plan, including traffic signal warrants to assess
the traffic level associated with the proposed number of
units and product types for said map, and verify that the
circulation improvements identified in FEIR No. 302
mitigation measures and/or conditions on the Specific Plan
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for the appropriate phase are adequate, so that the level of
service following said improvements is not worse than LOS D
as measured by the City of Anaheim. The traffic phasing
plan shall be subject to the review and approval of the City
Traffic and Transportation Manager. Any additional
mitigation measures/improvements identified as part of said
plan shall be the responsibility of the property
owner/developer.(4.9.3)
196.*That prior to issuance of each building permit, the
appropriate Eastern Transportation Corridor Major
Thoroughfare and Bridge fee shall be paid to the City of
Anaheim in the amount(s) determined by City Council
Resolution No. 89R-440 and the Foothill/Eastern
Transportation Corridors Agency Resolution No. F91-01.
(Consistent with directives of the Transportation Corridor
Agencies, fees may be reduced in consideration of
appropriate credits accrued for right-of-way dedication,
improvements and/or grading.)(4.9.1)
197. That prior to approval of the first large -lot or builder
final tract or parcel map, whichever occurs first, all
necessary Master Plan of Arterial Highway (MPRH) amendments
shall be initiated/in process, and the legal owner of the
property shall irrevocably offer to dedicate to the City of
Anaheim the full rights-of-way for all City Circulation
Element -designated arterials listed in and consistent with
Condition No. 4.(4.9.2)(4.9.3)
198.*That prior to issuance of each building permit, the
Santiago Canyon Road Major Thoroughfare and Bridge fee shall
be paid in the amount(s) determined by Orange County Board
of Supervisors Resolution No. 90-986 as confirmed in writing
from the County of Orange.(4.9.9).
199.*That prior to issuance of each building permit, the
appropriate traffic signal assessment fee shall be paid to
the City of Anaheim in the amount(s) determined by City
Council Resolution No. 90R-198.
200. That prior to approval of the first large -lot or builder
final tract or parcel map, whichever occurs first, for Phase
I, traffic signals shall be designed and bonded for
construction (construction timing per traffic phasing plan
prepared for and approved by the City Engineer or designate)
at Gypsum Canyon Road/SR-91 westbound ramps, Gypsum Canyon
Road/Santa Ana Canyon Road, and Gypsum Canyon Road/SR-91
eastbound ramps. The traffic signal design shall be planned
to allow for ultimate widening of these roadways.(4.9.3)
(4.9.8)
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201. That prior to approval of the first large -lot or builder
tentative tract or parcel map, or grading plan, whichever
occurs first, for Phase I, a construction contract shall
have been awarded for the State Route SR -91 commuter
lanes/high occupancy vehicle lanes (i.e., four new lanes
between the Riverside/Orange County line and SR -55). Said
improvements including the installation of SR -91 on-ramp
meters at the Weir Canyon Road interchange and at the Gypsum
Canyon Road interchange shall be operational prior to the
issuance of the first building permit. Prior to issuance of
the first building permit, traffic signals shall be designed
and bonded for construction at Weir Canyon Road/SR-91
eastbound ramps and Weir Canyon Road/SR-91 westbound ramps,
with provision made for reimbursement for the project
contribution made beyond the "fair share" calculation to be
approved by the City Engineer. Said traffic signal design
and construction shall be determined as part of the traffic
phasing plans required as part of Condition No. 194 and 195
and provide for any roadway widening identified as needed
with project build out to maintain levels of service not
worse than D as measured by the City of Anaheim.(4.9.4)
202. That prior to approval of the first large -lot or builder
final tract or parcel map, whichever occurs first, for Phase
I, the following street improvement plans shall be submitted
to the Subdivision Section of the Public Works -Engineering
Department and bonds posted, in a form approved by the City
Attorney, to guarantee completion of the following
improvements prior to issuance of the first certificate of
occupancy in Phase I.(4.9.3)
a. Gypsum Canyon Road shall be constructed to ultimate
improvements (a 6 -lane Hillside Primary) between the
SR -91 westbound off -ramp and "A" Street.
b. "A" Street shall be constructed to ultimate
improvements (as a 4 -lane Hillside Secondary) between
"B" Street and Gypsum Canyon Road.
C. "B" Street shall be constructed to ultimate
improvements (as a Hillside Secondary) between Santa
Ana Canyon Road and the Phase I southern boundary (with
a 38 -foot radius turnaround constructed at the
terminus).
d. Weir Canyon Road shall be constructed to ultimate
improvements (as a 6 -lane Scenic Expressway) from the
existing terminus to westerly boundary of proposed
Eastern Transportation Corridor (ETC) interchange
right-of-way; with said construction providing for
continuation of the Class I off-road bicycle trail from
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the existing segment to the first signalized
intersection, where it shall transition to a Class II
on -road bicycle lane.
e. Santa Ana Canyon Road between Gypsum Canyon Road and B
Street shall be widened to ultimate improvements (a
Hillside Secondary).(4.9.3)
203A.Santa Ana Canyon Road between "B" Street and the western
project boundary shall be widened to ultimate improvements
(Hillside Secondary). Prior to the approval of the first
large -lot or builder final tract or parcel map, whichever
occurs first, in Phase I, street improvement plans shall be
submitted to the City Engineer and bonds posted to guarantee
construction of said improvements prior to the issuance of
the first building permit in Phase II or in conjunction with
construction of the freeway bridge(s) required for the
ETC/91 Freeway interchange, if the first large -lot or
builder final tract or parcel map, whichever occurs first,
within Phase I has been approved.
203B.Prior to approval of the first large -lot or builder final
tract or parcel map, whichever occurs first, for Phase I,
street improvement plans shall be submitted to the
Subdivision Section of the Public Works -Engineering
Department and bonds posted, in a form approved by the City
Attorney, to guarantee completion of construction prior to
issuance of the first certificate of occupancy in Phase I
for improvements necessary to provide an enhanced two-lane
arterial complete with appropriate lane transitions at
either end and access enhancements, as required by the City
Engineer, for any existing access points on Santa Ana Canyon
Road between the western project boundary and the existing
terminus of widened improvements easterly of Weir Canyon
Road.
203C.Santa Ana Canyon Road between the western project
boundary and the existing terminus of widened improvements
easterly of Weir Canyon Road is currently designated as a
Scenic Expressway (i.e., 148 -foot cross-section) on the
Circulation Element of the Anaheim General Plan. The Public
Works -Engineering Department anticipates that a General Plan
Amendment will be processed to change the roadway
designation for this portion of Santa Ana Canyon Road to
either a Hillside Secondary (i.e., 66 -foot to 78 -foot
cross-section) arterial or, subject to the review and
approval of the City Engineer and based upon a technical
analysis to be performed at the expense of the Mountain Park
property owner/developer and approved by the City Engineer,
this portion of Santa Ana Canyon Road may be modified to a
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four (4) lane arterial (52 -foot minimum cross-section) plus
equestrian trail.
203D.Prior to the approval of the first large -lot or builder
tentative tract or parcel map, whichever occurs first, in
Phase I, the property owner/developer shall enter into an
agreement with the City obligating the property
owner/developer for full payment of consultant/contractor
services (including soils analyses, preliminary and final
engineering, environmental assessment, General Plan
Amendment, right-of-way acquisition, demolition, relocation,
construction and inspection and other related expenses)
needed to improve the subject segment of Santa Ana Canyon
Road to Hillside Secondary Standards (including the
equestrian trail) provided that the roadway section
implemented be reduced as necessary to assure that
significant grading/reconstruction of the adjacent landforms
described in Section "C" of this condition is avoided.
Consultant/contractor payments shall be made by the property
owner/developer upon demand of the City at the
full cost of consultant/contractor payments actually billed
to the City. The obligations of the property
owner/developer under this condition shall be secured by a
performance bond, letter of credit, or other form of
security acceptable to the City Engineer in an amount and
form approved by the City Attorney. Timing of
implementation of the ultimate improvements shall be at the
sole discretion of the City, and not earlier than the first
large -lot or builder tentative tract or parcel map,
whichever occurs first, in Phase II.
Notwithstanding the above and consistent with Section "B" of
this condition, should any mitigation measures/improvements
be identified due to the addition of project traffic, as
approved by the City, for this off-site portion of Santa Ana
Canyon Road as part of any traffic phasing plan submitted in
accordance with Condition No. 195, then the implementation
of said mitigation measures/improvements shall be the
responsibility of the Mountain Park property
owner/developer.
The project's "fair share" contribution towards all costs
for this off-site improvement (including any acquisition of
right-of-way) shall be determined by the City Engineer
(i.e., no City of Anaheim funding, and a reduction in "fair
share" for this segment of Santa Ana Canyon Road if the Oak
Canyon Road connection to the west is constructed in advance
of this improvement). For the project contribution made
beyond the project's "fair share", the property
owner/developer may petition the City Council to establish a
reimbursement agreement or benefit district to include other
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areas of benefit. Costs associated with the establishment
of timing requirements, fair share analysis and any such
districts shall be at the expense of the property
owner/developer.(4.9.3)(4.9.8)
203E.That, prior to approval of the first final large-lotor
builder tract or parcel map, whichever occurs first, in
Phase I, the full improvement of Jamboree Road to Hillside
Secondary Standards southerly of the Weir Canyon Road
intersection improvements to the southern boundary of the
City's sphere -of -influence shall be secured by a performance
bond, letter of credit, or other form of security acceptable
to the City Engineer in a form approved by the City Attorney
with construction timing concurrent with the commencement of
the construction of Jamboree Road north of Santiago Canyon
Road in the City of Orange. Should development of
Development Area 26 precede construction of the adjacent
portion of the ETC, the portion of Jamboree Road from Weir
Canyon Road to the southern boundary of Development Area 26
shall be constructed prior to issuance of the first
certificate of occupancy in that Development Area.
Furthermore, if the first final builder tract or parcel map
within Phase I is approved prior to or at such time as the
initial ETC grading and construction begins southerly of the
planned WeirCanyon Road alignment, regardless of the status
of development plans in Development Area 26, this entire
portion of Jamboree Road shall be graded to ultimate width
in conjunction with construction of the ETC.(4.9.2)
204. That prior to approval of the first final large -lot or
builder tract or parcel map, whichever occurs first, for
Phase II, the following street improvement plans shall be
submitted to the Subdivision Section of the Public
Works -Engineering Department and bonds posted, in a form
approved by the City Attorney, to guarantee completion of
the improvements by the property owner/developer prior to
issuance of the first certificate of occupancy in Phase II
of the following improvements:(4.9.5)
A. Gypsum Canyon Road shall be constructed to ultimate
improvements (as a Hillside Primary) between "A" Street
and Weir Canyon Road.
B. "B" Street shall be constructed to ultimate
improvements (as a 4 -lane Hillside Secondary) within
and adjacent to the Phase II project area boundary.
C. "C" Street shall be constructed to ultimate
improvements (as a 4 -lane Hillside Secondary) from
Gyspum Canyon Road to "E" Street, and (as a Hillside
.E
Collector) from "E" Street to the Phase II project area
boundary.
D. "D" Street shall be constructed to ultimate
improvements (as a 4 -lane Secondary) between Gypsum
Canyon Road and "C" Street, and (as a Modified Hillside
Collector) between "C" Street and the Phase II
easternmost project area boundary.
205. That prior to approval of the first large -lot or builder
final tract or parcel map, whichever occurs first, for Phase
II, a traffic study shall be submitted for approval by the
City Engineer or designate to document off-site improvement
needs for Weir Canyon Road and intersecting roads between
and including Santa Ana Canyon Road and the SR -91 westbound
ramps for Phase II; and that the project's "fair share" be
contributed by the Mountain Park property owner/developer
prior to the first building permit for Phase II.
206. That prior to approval of the first large -lot or builder
tentative tract or parcel map, or grading plan, whichever
occurs first for Phase III, the property owner/developer
shall submit evidence to the satisfaction of the City
Engineer that a construction contract has been awarded and
secured for the entire length of the ETC that provides for
mix flow lane connections to and from the east and west on
SR -91 and a full interchange at Weir Canyon Road/Gypsum
Canyon Road. The development phasing schedule for Phase III
shall be coordinated so that no final builder tract or
parcel maps are approved until such time as the ETC is
scheduled for operation to the satisfaction of the City
Engineer. However, if the ETC construction contract has not
been awarded by the first large -lot or builder tentative
tract or parcel map or grading plan for Phase III, whichever
occurs first, a traffic study satisfactory to the City
Engineer shall be submitted to the City Engineer or
designate by the property owner/developer to document the
circulation improvements needed in place of the ETC to
provide levels of service not worse than D, as measured by
the City of Anaheim, to enable any Phase III development and
to document the project's fair share contribution towards
said improvements. In connection with the grading plan, the
property owner/developer shall submit for review and
approval by the City Engineer, a grading time schedule to
ensure that the grading in Phase III takes place in
connection with and/or subsequent to the
grading/construction of the ETC. Total needed project costs
shall be bonded for evaluation and approval for
construction, with provision made for reimbursement for the
project contribution made beyond the "fair share"
calculation to be approved by the City Engineer.(4.9.6)
(4.9.7)(4.9.8)
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207. That prior to approval of the first large -lot or builder
final tract or parcel map, whichever occurs first, for Phase
III, the property owner/developer shall submit the following
street improvement plans to the Subdivision Section of the
Public Works -Engineering Department posted bonds, in a form
approved by the City Attorney, to guarantee completion of
the improvements by the property owner/developer prior to
issuance of the first certificate of occupancy in Phase III
of the following improvements:(4.9.5)
A. "E" Street shall be constructed to ultimate
improvements (as a Hillside Collector) within the Phase
III project area.
B. The eastbound offramp from SR -91 to Gypsum Canyon Road
shall be widened to provide for a second lane with
transition to a third lane at the Gypsum Canyon Road
intersection to the satisfaction of the City Traffic
and Transportation Manager.
208. That prior to approval of the first large -lot or builder
final tract or parcel map, whichever occurs first, for Phase
IV, Santa Ana Canyon Road between Gypsum Canyon Road and the
eastern project boundary shall be bonded for widening to
ultimate improvements (a Hillside Secondary Arterial) with
construction to occur prior to issuance of the first
building permit in Phase IV.(4.9.8)
209. That Oak Canyon Drive between "B" Street and the existing
terminus to the west shall be constructed as a 4 -lane
Hillside Secondary in conjunction with the initial ETC
construction, except that if the first large -lot or builder
final tract map of Phase II has not yet received approval,
the property owner/developer shall post bonds or other
security satisfactory to the City Engineer and the City
Attorney prior to approval of said final map to guarantee
completion of the roadway segmant prior to occupancy.
210. That prior to approval of each large -lot or builder final
tract or parcel map, whichever occurs first, street names
for any new public or private street shall be submitted to
and approved by the Planning Department.
211. That prior to approval of each large -lot or builder final
tract or parcel map, whichever occurs first, street
improvement plans shall be submitted to the Subdivision
Section.
212. That prior to approval of each large -lot or builder final
tract or parcel map, whichever occurs first, the legal
property owner shall irrevocably offer to dedicate to the
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City of Anaheim easements, for street and public utility
purposes, for all public streets on the final map.
213. That prior to approval of each final tract map or final
parcel map, the legal property owner shall irrevocably offer
to dedicate to the City of Anaheim easements, for public
utility purposes and emergency purposes, including ingress
and egress rights for maintenance purposes, for private
streets on the final map.
214. That prior to the first final building and zoning inspection
within each tract map or parcel map boundary, temporary
street name signs for all public and private streets shall
be installed if permanent street name signs have not been
installed.
215. That the property owner/developer shall be responsible for
obtaining all off-site right of way needed for construction
of the required improvements. Should it become necessary,
due to the property owner/developer's inability to acquire
said rights) -of -way, for the City of Anaheim to negotiate
for and acquire the necessary rights) -of -way to allow the
developer to construct any public improvements, the property
owner/developer shall pay for all costs associated with such
acquisition and condemnation proceedings. Such costs shall
qualify towards the property owner/developer's "fair share"
contribution.
216. That prior to the approval of RM -2400 Zone tentative tract
or parcel maps or Site Plans, said maps shall be designed to
have a limited number of accessways to the street as
approved by the City Traffic and Transportation Manager.
Further, no garages shall face a public street and no
driveways shall be provided which would allow a vehicle to
back out onto a public street.
217.*That all tandem parking shall comply with Ordinance No.
5157.
FISCAL
218. That prior to approval of the first large -lot tentative
tract or parcel map or first builder tentative tract or
parcel map, whichever occurs first, 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
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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.
219. That prior to approval of the first large -lot tentative
tract or parcel map or first builder tentative tract or
parcel map, whichever occurs first, the property
owner/developer shall enter into an agreement with the City
to establish a mechanism to assure the project generates
revenues to meet the assigned cost of City services, per the
fiscal impact report, on a year by year basis recognizing
cumulative surpluses and/or deficits and to provide
flexibility to fund any additional future shortfall should
project revenue assumptions in the fiscal impact report
prove incorrect. Said mechanism may consist of land use and
development phasing techniques, financial devices, security
guarantees, or a combination of all. The City shall have
the right to monitor said revenues and costs. The cost to
establish the mechanism(s) shall be borne by the property
owner/developer. The property owner/developer shall execute
and record an unsubordinated convenant against the entire
site in a form approved by the City Attorney that said
agreement is in effect. Should land uses change from those
adopted in conjunction with the fiscal impact report, other
than due to requirements imposed solely by the City, the
City may require a revised fiscal impact report be prepared
acceptable to the City. The mechanism(s) established to
assure the project generates revenues to meet the assigned
costs of City services shall then be adjusted to reflect the
changed conditions of the revised fiscal impact report.
220. That prior to the approval of a fire station or electrical
substation on-site within a Commercial Development Area, the
property owner/developer shall provide proof to the City in
the form of a revised Fiscal Impact Report or other
documentation acceptable to the City Manager or his
designate that the project as a whole generates revenues to
meet the assigned cost of City services.
MISCELLANEOUS
221. That completion of these reclassification proceedings is
contingent upon approval and adoption of General Plan
Amendment No. 318 by the City Council and completion of
annexation of subject property to the City of Anaheim.
222. That the property owner/developer shall be held responsible
for complying with the mitigation monitoring program
established by the City in compliance with Section 21081.6
of the Public Resources Code. Furthermore, the property
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owner/developer shall be responsible for any direct costs
associated with the monitoring and reporting required to
ensure implementation of those mitigation measures
identified in Final Environmental Impact Report No. 302 that
have been incorporated into the Mitigation Monitoring
Program.
223. That any decision or action required by the Planning
Commission for any of the above conditions shall be subject
to appeal or review by the City Council within twenty-two
(22) days following the date of such decision or action
unless otherwise set forth in the condition.
224. That all Special Maintenance Districts or other financial
mechanisms referenced in previous conditions shall be
established at the expense of the property owner/developer.
225A.Prior to the issuance of any Certificate of Occupancy, and
as a condition thereof (other than for conversion of
existing dwelling units to condominiums, community
apartments or stock cooperatives), the property
owner/developer, or its successors or assigns, shall provide
to any and all cable television systems franchised to serve
the subdivision area (the "Cable Television Systems") the
opportunity to use (upon the terms of this Condition 225)
all public easements dedicated or to be dedicated to the
City, any public utility, or any compatible user by the
property owner/developer for public utility, municipal,
cable television, or other compatible uses to serve each and
every parcel, structure and dwelling units within the
Project.
B.Prior to submittal of cable conduit system designs to the
Electrical Engineering and/or Public Works -Engineering
Department, property owner/developer shall give written
notice to all Cable Television Systems at least sixty (60)
days prior to the design of any Cable Conduit System
described below (the "Initial Notice"). At the time of
installation of utilities to serve the Project, the property
owner/developer shall install cable conduit sufficient to
accommodate all Cable Television Systems (the "Cable Conduit
System") who have made a written request to the property
owner/developer for such installation within thirty (30)
days of receiving the Initial Notice including lateral
access facilities from the edge of right-of-way to the
junction box connection in each structure or dwelling unit.
Any and all Cable Television Systems may, at their election,
and without the payment of any compensation other than
payment of the Installation Costs as specified below, or by
entering into a binding contractual agreement to pay
Installation Costs, elect to utilize the Cable Conduit
65
System by providing written notice of the same to the
property owner/developer as prescribed herein. The property
owner/developer shall, to the extent possible, accommodate
and incorporate all reasonable design requests and
suggestions provided by the Cable Television Systems to the
property owner/developer along with the Cable Television
Systems' written election described above. Each Cable
Television System for which cable conduit has been installed
shall promptly pay to the property owner/developer upon
completion of such installation an amount equal to the cost
of the conduit, direct cost of installation (including the
pro rata cost of digging and filling the utility trenches
and digging and filling the utility trenches and redesign
costs resulting from requests by Cable Television Systems),
and indirect costs (including reasonable interest on sums
expended form date of expense to date of payment and
reasonable administrative costs) associated with the
installation of the conduit (the "Installation Costs").
Initially, the Installation Costs shall be determined by the
property owner/developer based upon the criteria contained
herein, subject to the approval by the City, which approval
shall not be unreasonably withheld. In the event, after
reasonable attempts and due diligence, the parties cannot
agree upon the Installation Costs, either in total or as to
any Cable Television System, all such Installation Costs
shall be reasonably determined by the City based upon
information provided by the property owner/developer
pursuant to the criteria stated herein.
C.Prior to submittal of cable conduit system designs to
the Electrical Engineering and/or Public Works -Engineering
Department, the property owner/developer shall provide
evidence reasonably satisfactory to the City (e.g., copies
of the Initial Notice, correspondence, etc.) that the
property owner/developer has complied with this Condition
225.
D.Prior to the issuance of any Certificate of Occupancy, and
as a condition thereof (other than for conversion of
existing dwelling units to condominiums, community
apartments or stock cooperatives), the property
owner/developer shall dedicate and provide to the City, in
addition to any and all easements otherwise required to be
provided to the City pursuant to any other condition or
requirement of law, an easement running form the edge of
right-of-way to the junction box connection in each
structure or dwelling unit. Said easement shall be
dedicated to the City for public utility and other
compatible uses and shall be made available by the City and
the property owner/developer for the installation and
placement of all necessity utilities, the Cable Conduit
MM
System, and any and all compatible uses to be designated by
the City; provided, however, property owner/developer shall
be forced to incur no costs or expenses in relation thereto
and said easement shall require cooperation and coordination
by the ultimate user with the property owner/developer to
avoid conflicts with property owner/developer operations).
226. [Deleted]
227. That the property owner/developer shall coordinate with
Pacific Bell Telephone Company to ensure timely construction
and placement of necessary telephone facilities. Prior to
the approval of each large -lot or builder tentative tract or
parcel map, whichever occurs first, the property
owner/developer shall provide proof to the Zoning Division
in the form of a letter from the telephone company, that
said coordination has occurred.
228. That within thirty (30) days of the City Council's action,
the property owner/developer shall provide the Planning
Department with three copies of an amended Specific Plan
document reflective of the City Council's action. Upon
review and approval of the amended documents by the Planning
Department, fifty (50) copies of the final document shall be
provided by the property owner/developer to the Planning
Department.
229. The obligations of the developer as set forth in these
conditions shall be secured by a performance bond, letter of
credit, or other form of security in an amount and form
approved by the City Attorney. Said security, as approved
shall be provided at the same time as the obligation is
required by the conditions herein.
230.*That approval of this application constitutes approval of
the proposed Mountain Park Specific Plan only to the extent
that it complies with the Anaheim Municipal Zoning Code,
unless specifically amended within Section III, Zoning and
Development Standards of the Specific Plan document (Chapter
18.76), and any other applicable City, State and Federal
regulations. Approval does not include any action or
findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
231. That prior to the issuance of the building permit for the
3000th dwelling unit, the property owner/developer shall
make the first of three (3) development parcels in Mountain
Park available for acquisition by a religious group for the
purpose of building a facility for worship. The minimum
size of these religious sanctuary parcels shall be three (3)
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acres. Interested religious groups and the City shall be
notified as each of the three parcels is made available.
The second and third parcels shall be made available prior
to issuance of building permits, respectively, for the
4500th and 5500th dwelling units. Use of the parcels by
religious organizations shall be subject to approval of
conditional use permits. If after thirty-six (36) months,
no religious group is willing or able to acquire the sites,
residential or commercial uses may be requested in
accordance with the Specific Plan.
SECTION 2.
The City Zoning Map shall be, and the same is hereby,
amended and the property above-described shall be excluded from
the zone in which it is now situated and incorporated in and made
a part of the zone or zones as above set forth, and said City
Zoning Map, as amended, is hereby adopted and the Planning
Department is hereby directed to prepare a sectional zoning map
to be added to the City Zoning Map showing the changes hereby
approved and adopted.
THE FOREGOING ORDINANCE
City Council of the City of Anaheim
1991.
ATTEST:
��-��--(_ a_
CITY CLERK OF THE CITY OF ANAHEIM
SJM:dnl
OMTPKAM.17
091091
68
is approved and adopted by the
this 10th day of September,
O OF TH 6OF A EIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5253 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 27th day of August, 1991, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 10th day of September, 1991, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5253 on the 11th day of September, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 11th day of September, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Ordinance No. 5253 and was published once in
the Anaheim Bulletin on the 20th day of September, 1991.
CITY CLERK OF THE CITY OF ANAHEIM